Michigan Sex Crime Attorneys Blog

Last week, the Detroit Free Press published an important editorial concerning the problems with eye witness testimony and the serious flaws that occur that may lead to innocent people being sent to jail for sex crimes and other criminal acts they didn't commit. As explained by David Moran, a professor at the University of Michigan's Innocence Clinic, "Of the more than 250 people exonerated by DNA evidence in the last 20 years, 75% had been erroneously identified by eyewitnesses."

As an example, the article pointed to Ken Wyniemko who spent 14 years in a Macomb County jail for a rape he didn't commit after the victim identified him in a lineup. Wyniemko was eventually cleared by DNA evidence and a man who looked nothing like Wyniemko was charged. The man implicated by DNA evidence was 17-years-younger, taller and significiantly heavier.

A recent New Jersey Supreme Court Case, State v. Henderson, recognized the dangers of eyewitness testimony as unreliable and often subject to suggestive influences that may alter his of her mental image of the perpetrator to match the defendant. As noted in the editorial, the landmark New Jersey Supreme Court decision states "We are convinced from the scientific evidence in the record that memory is malleable, and that an array of variable can affect and dilute the memory and lead to misidentifications."

Continue reading "Editorial Points Out Flaws In Eyewitness Testimony, Supports State v. Henderson" »

An accused rapist was set free earlier this week after DNA evidence cleared his name. The Texas man - Cornelius Dupree Jr. - was declared innocent after spending 30 years in prison for a 1979 rape and robbery he didn't commit.

Over the years he had been given two chances to make parole and be released, but only if he would admit to being a sex offender. Dupree Jr. refused to do so, steadfastly maintaining his innocence. Nationally, only two other people have been exonerated by DNA evidence after spending more time in jail.

Imprisoned as a young adult, the now 51-year-old Dupree stated, "It's a joy to be free again."

In Michigan, DNA analysis has exonerated two men over the last year of sex crimes they didn't commit. It is unknown how many other innocent men and women sit in jail for crimes they didn't commit, often waiting on DNA evidence that will prove their innocence. Unfortunately, a significant backlog of untested DNA evidence exists in Michigan and around the country.

Continue reading "DNA Evidence Exonerates Man After 30 Years" »

Last month the Detroit Free Press ran a series exposing a serious problem affecting all of those interested in criminal justice - the overwhelming backlog of cases requiring biological testing - including DNA testing - which is often the key to freedom for those wrongfully accused and convicted.

Today the South Bend Tribune echoed that sentiment, calling for the elimination of Michigan's serious backlog of thousands of forensic cases.

As a Michigan sex crimes defense attorney, I agree. According to the Detroit FreePress,10,500 untested rape kits existed at the beginning of 2010. The number has since grown. In spite of this backlog, Michigan has passed legislation to collect DNA from all those arrested for felonies, but not yet tried or convicted. Rather than expanding the number of people subjected to DNA analysis, emphasis should be placed on processing rape kits and other samples. Often, DNA analysis is the key to freedom for those wrongfully convicted.

DNA evidence freed Kenneth Wyniemko who was imprisoned for nine years for a rape he didn't commit.

DNA evidence freed Rickie Seggie, an innocent Sterling Heights man headed for trial on charges of criminal sexual assault.

Continue reading "Michigan DNA Analysis Backlog Leaves The Accused Waiting For Justice" »

A wrongfully convicted Michigan man finally had his day in court. For over nine years, Kenneth Wyniemko was imprisoned for a rape he didn't commit. Earlier this week, he was able to confront the man now accused of the crime for which he was falsely imprisoned.

Tragically, its unknown how many individuals sit in Michigan jails for sex crimes they didn't commit. Every day innocent people are wrongfully convicted because of a shoddy police investigation, mistakes made by prosecutors or inadequately skilled defense attorneys. Further, those facing charges may unwittingly make serious mistakes at the beginning of a case - such as an accused talking to the police or CPS worker - innocently thinking the charges aren't credible - only to be later incriminated by these statements. Consulting an experienced sex crimes defense attorney immediately can ensure the wrongfully accused does not become the wrongfully imprisoned.

In Wyniemko's matter, he was received a sentence of 40-60 years in prison as the result of the victim's incorrect identification of him as the stranger who broke into her home and repeatedly assaulted her.

Relying on DNA evidence, the Thomas M. Cooley Law School Innocence project successfully exonerated Wyniemko in 2003. DNA evidence now links a different man to the crime. According to the Detroit Free Press, Michigan State Police place the odds of the DNA match not being correct at "quadrillions to one."

Because sex crimes often lack witnesses, tragedies such as Wyniemko's are all too frequent. As a result, its crucial to utilize all possible methods to exonerate the innocent - including lie detector tests, DNA analysis, computer forensics, rape trauma analysis and child forensic protocols.

Continue reading "Wrongfully Convicted Man Confronts Rape Suspect In Macomb County Circuit Court" »

A Sterling Heights man has been exonerated on charges of sexual assault after DNA evidence recovered at the scene failed to match his.

According to C&Gnews.com, prosecutors dismissed three charges of criminal sexual assault and one count of unlawful imprisonment against Ricky Seggie, 25, after they determined they had falsely charged the wrong man.

Unfortunately, many criminal sexual conduct cases are charged and prosecuted, with the potential for serious, life-long consequences such as jail time, probation, and placement of your name on the sex crimes registry, despite a lack of credible evidence.

In Ricky Seggie's matter, Seggie was wrongfully accused and arrested after attempting to assist the assault victim. He had heard screams from the alleged scene of the crime, nearby Dodge Park and 16 ½ mile on July 17, 2009 and came out of his house to see if he could help. Seggie then saw the suspect back his car into a tree and then flee the scene. After giving the police a description, investigators then became suspicious of Seggie because of his physical similarities to the suspect and placed Seggie in a line-up. The victim then identified Seggie as the perpetrator.

Although DNA evidence was collected at the crime scene, significant backlogs at the Michigan State Police Crime Lab delayed release of the results. After a second man, Christian Phillip Margosian, was arrested in December for aggravated indecent exposure, DNA samples were collected and compared to the DNA from the July incident, ultimately implicating Margosian. These results were released in March, and charges were dropped against Seggie.

Despite the charges being dismissed, the Macomb County court still retains Seggie's fingerprints and photographs. Sadly, he has legal little recourse against the system that falsely imprisoned him and charged him with criminal sexual assault.

Continue reading "DNA exonerates Sterling Heights sexual assault suspect " »