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THE CASE OF CURTIS KYLES - SYNOPSIS
Curtis Kyles was convicted on November 26, 1984 for the murder of a white woman outside of
a Schwegmann supermarket. In order to obtain a conviction at his first trial, the prosecution hid
important evidence about the unreliability of the eyewitness testimony. The state also did not
disclose what it knew about Beanie Wallace, a snitch with a history of armed robberies and at
least two murders, one of a 61 year-old woman. It was Beanie Wallace who led the police to
Curtis Kyles: the defense believes it was to hide his own guilt. Despite the withholding of
evidence, the jury was unable to reach a verdict, and a mistrial was declared.
Mr. Kyles was retried ten days later. The state’s case was the testimony of four eyewitnesses and
the evidence that Beanie planted in Curtis Kyles’s home. As in the first trial, Mr. Kyles took the
stand and maintained his innocence. Evidence favorable to the defense was once again withheld,
and the jury sentenced Mr. Kyles to death.
It was not until Mr. K-yles’s case reached state collateral review that it was revealed that the state
had failed to disclose evidence favorable to the defense. When his case reached the U.S.
Supreme Court ten years later, relief was finally granted. The Court ruled in 1995 that the
suppression by the prosecution of evidence favorable to the defendant violates due process,
irrespective of the good or bad faith of the prosecution. Writing for the majority, Justice Souter
Stated that "since all of the possible findings were precluded by the prosecution’s failure to
disclose the evidence that would have supported them, "fairness" cannot be stretched to the point
of calling this a fair trial....Confidence that the verdict would have been unaffected cannot
survive when suppressed evidence would have entitled a jury to find that the eyewitnesses
were not consistent in describing the killer, that two of the four eyewitnesses testifying were
unreliable, that the most damning physical evidence was subject to suspicion, that the
investigation that produced it was insufficiently probing, and that the principal police
witness was insufficiently informed or candid."
Much to the surprise of legal scholars and defense lawyers throughout the country, the state of
Louisiana elected to retry Mr. Kyles for the third time. During the October 1996 trial, the
defense established a prima facie case of juror discrimination after the prosecutor used 12 out-of
13 peremptory challenges to remove African Americans from the jury. Two of the eyewitnesses.
on cross examination admitted that they did not see the actual crime. One eyewitness who had
formerly testified for the prosecution admitted she perjured herself and informed the jury that
even though she could not identify the perpetrator, she had been encouraged by law enforcement
officers to identify Mr. Kyles so that she could “help us get another nigger”. The jury voted 10-
2 for acquittal. Following this verdict, District Attorney Harry Connick announced that he
would seek the death penalty for a fourth time. Mr. Kyles is scheduled to go to trial on
September 2.
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SUMMARY OF THE KYLES CASE
Curtis Kyles’s name stands for fairness in prosecution all over the
country. Where defense lawyers used to ask for Brady material,
meaning evidence in the state’s possession that was favorable to the
defense, many now demand Kyles material, after Kyles v. Whitley
was decided in 1995. Yet Curtis Kyles cannot get fair treatment
from Harry Connick, whose office is apparently planning to
prosecute him for the fourth time next week.
Prelude
Curtis Kyles was 25 years old in 1984, living with his Martina Bumes, (called Pinkey), and their
4 children on Desire Street in New Orleans. Both Curtis and Pinkey came from large rural
Mississippi families that had moved to New Orleans in the 60’s. Pinkey’s brother Johnny was
a friend of Curtis’s; Johnny’s roommate and partner was a man called Joseph "Beanie" Wallace.
In 1983 Curtis had been robbed and shot; while he was recuperating, Beanie developed a
romantic obsession with Pinkey, and pursued her behind Curtis’s back, even while she was
pregnant with Curtis’s fifth child.
The Crime and The Police igation
On September 20, 1984, at 2:20 p.m., 58-year-old Dolores Dye was killed in the parking lot of
a Schwegmann supermarket in New Orleans. After a brief confrontation, the killer shot her once
in the head, then drove off in her car, a red LTD. The witnesses reported that the perpetrator
was a young black man with braided hair; their descriptions about height, clothing, and facial hair
varied widely. None of the witnesses had seen the perpetrator for more than a few moments, and
all had been 180 feet from the murder. The best view any of the witnesses had was for the
seconds that passed as the perpetrator drove past them in the murdered woman’s car.
Initial police work centered on the stolen car. Theorizing that the killer had driven his own car
to the scene and left it in the parking lot, the police also took down the license plates of cars still
in the lot that evening.
Suspicion was focused on Curtis Kyles by Beanie, already a police snitch. Two days after the
murder, Beanie met with two members of the New Orleans Police Department and surrendered
the victim’s car, which he said he purchased for $400 from Curtis Kyles.
Beanie’s meeting with the police was taped surreptitiously, although the tape was not given to
the defense until 1989. On the tape Beanie said that he was worried that he might be a suspect
himself because he was driving the victim’s stolen car; he admitted that he had changed the car’s
license plate. Beanie suggested that the police search the garbage in front of Curtis’s apartment
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house for the victim’s stolen purse. When asked if Curtis had the murder weapon, a .32, he
replied "If you set him up good, you can get that same gun," to which the detective answered
"You'd help me?"
Despite the reasons to suspect that Beanie himself was the killer, and was trying to divert
suspicion to Curtis, the police encouraged Beanie to go to Curtis’s apartment that weekend.
Within hours of Beanie’s visit to Curtis’s home, the police seized garbage bags from the street
in front of Kyles’ apartment. The bags contained the victim’s handbag and a number of
Schwegmann grocery bags.
The police arrested Curtis Kyles in the moming, and immediately served a search warrant.
Seized at the apartment were a .32 revolver, found behind the stove; a homemade holster: a
number of bullets of varying calibers, including .32’s; several brands of dog and cat food that the
supermarket carried; a .22 rifle, found between the mattresses of Kyles’ bed; and eight empty
paper brown grocery bags from Schwegmann.
While Kyles was in custody, police put together a photo lineup. Three witnesses selected Kyles,
but two others could not positively identify him. One witness, Darlene Kersh, who was riding
in an automobile when she saw the struggle as well as the murderer, was never shown the photos.
9 Fials
Three of the parking lot witnesses testified at trial that they saw the murder of Mrs. Dye. None
of them were asked about their initial descriptions, which differed from their trial testimony,
because the state did not disclose the existence of the initial statements. Darlene Kersh also
identified Curtis as the man she had seen for seconds from a passing car.
Detective Dillman of the NOPD testified at trial that the information provided by Beanie was the
basis of Kyles’s arrest. Dillman never told the court or the defense that Beanie had been
involved in a prior murder, or that his record included a recent theft arrest at the very
supermarket where Delores Dye was killed. Dillman denied knowing whether Beanie had
changed the license plate on the victim’s car. (The plate was stolen but was not checked for
fingerprints.) Dillman also refused to confirm for the jury the fact that Beanie was at Curtis’s
house the night before the search found the murder weapon or that it was Beanie’s idea to search
the garbage. Finally, Dillman said Beanie received $400 from the police to pay him back for the
car.
The state argued that a car photographed at the crime scene was Curtis Kyles’s, but never told
the jury that there was a list of those cars made and that the list did not include Kyles’s car.
Curtis Kyles’s fingerprint was found on a small Schwegmann receipt. (Police said the receipt
was on the passenger-side floorboard of the victim’s car when Beanie delivered the car to the
NOPD.) During the print-identification process the writing on the receipt was destroyed
including the date. No other fingerprints were identified - Beanie’s prints, though in police
2
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possession, were never compared to the prints found on the victim’s car or purse.
The defense presented the testimony of three witnesses who had seen Beanie driving the victim's
car on the day of the murder or the day afterwards. Two of the witnesses reported that Beanie
had tried to sell them the car. Several witnesses told the jury that Curtis and Pinkey had an
informal get-together on the night before Curtis was arrested, and that Beanie had been present.
The first trial of the case ended in a mistrial, when the jury could not reach a unanimous verdict
on guilt or innocence. The second trial was held less than one month later, The state had Beanie
Wallace come , into court, and stand next to Curtis. The eyewitnesses maintained their
identification of Curtis. He was convicted of murder, and then sentenced to death.
€ the United States S e Cou
After he went to Death Row, Curtis and his lawyers began trying to find the suppressed evidence
they believed would convince a court that he was innocent and had been wrongly convicted. The
hidden evidence which was discovered after the two 1984 trials included:
The eyewitnesses statements. The statements given to the police at the time of the
murder diverged greatly on the description of the perpetrator. Heights ranged
from 5°4" to 6’; age from 17 to 28 years old; hair from shoulder length to short.
One witness saw a moustache; no one else saw any facial hair. The statements
also revealed that one of the witnesses who later testified in detail about the crime,
had never even seen it.
anie talking to the NOPD. Among a number of statements Beanie
made, the tape stands out - it is his recorded voice, speaking from the grave,
talking about "setting up" Curtis Kyles for the police. (Beanie was shot to death
in an alleged drug killing in 1985 while Curtis was on death row.)
The reward money. Lead detectives saw to it that Beanie was paid $1600.00 for
informing against Curtis Kyles and then denied this at the first two trials.
The proof that the police knew Beanie was in Curtis Kyles’s home the night
before the gun and the victim’s purse were discovered there.
The list of license plates - proof that Curtis Kyles’s car was not in the supermarket
parking lot after the crime.
Beanie’s other crimes. Beanie’s rapsheet showed an arrest that ended in a
conviction for accessory to murder, a theft committed at the same supermarket
only two months before the murder, and other offenses. Beanie admitted he and
a partner broke into a 60-year old woman’s house, held her at gunpoint, and
burglarized her home. That woman was shot in the face and died while her
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paralyzed daughter lay in the other room.
An eyewitness recants, Darlene Kersh, the woman who had seen the murder from
a passing car, came forward to tell Curtis Kyles’s lawyers that her in-court
identification of Curtis had been perjury. This perjured testimony was engineered
by the detective, and supported by the district attorney. After telling the lead
detective that she had not seen the murderer’s face, Ms. Kersh was told that the
police had “loads of evidence" against Curtis, and that she should “help us put
another nigger away". Before 1984, Ms. Kersh testified she was shown a "seating
chart” of the courtroom by the D.A.
When the United States Supreme Court reversed the conviction, it had strong words for the
district attorney’s misconduct. The highest court in the land instructed Harry Connick Sr. that
@ prosecutor’s duty “in a criminal prosecution is not that [he] shall win a case, but that justice
shall be done." Kyles v. Whitley, 115 S.Ct. 1555 (1995)
e October 1996 Trial
The evidence that had been suppressed in 1984 was presented finally to ajury. Two eyewitnesses
testified that they had lied. One did so willingly, after coming forward on her own, and one did
so grudgingly, after lying again at this trial. The lead detective testified that the police knew
methods for getting eyewitnesses to pick out the “right” photo in a line-up. One of the state
prosecutors in closing argument mistook a 23-year-old African-American man for another witness
- also black, but 15 years older, 20 pounds lighter and inches taller than the other man - a
stunning demonstration of the unreliability of eyewitness identification. The jury voted 10 to 2
that Curtis Kyles was "Not Guilty" of the murder of Delores Dye. If this had not been a death
case, Curtis would be a free man. Because the state sought death, the jury was "death-quatified* -
and thus more likely to convict. (In Louisiana, a 10-2 decision in a non-capital case is a
verdict.)
Now
The state has done everything in its power to delay the fourth trial of Curtis Kyles. The case was
transferred to five different judges - for a total of 10 judges since 1995. The D.A. announced
only last weck that Glenn Woods will prosecute this round - since the most recent lead prosecutor
quit to become a public defender. (The two prosecutors most responsible for the misconduct in
1984 that got the case reversed by the Supreme Court are no longer in New Orleans, although
both are still prosecuting Louisiana citizens.)
Harry Connick Sr. was the elected District Attorney in 1984 when Curtis Kyles was tried and
sentenced to death, he was the D.A when the case went to the United States Supreme Court, and
he is still the D.A. Mr. Connick has not met with Mr. Kyles’s lawyers, and his office denied all
defense requests to drop the charges and release Mr. Kyles. The fourth trial of Curtis Kyles is
set for September 2, 1997.
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U.3, SUPREME COURT REPORTS 131 L Bd 94
CURTIS LEE KYLES, Petitioner
¥
JOHN P, WHITLEY, Warden
514 US —, 131 L Ed 2d 490, 115 8 Ct 1558
[No, 93-7927]
Argued November 7, 1994, Decided April 19, 1995,
Decision: On federal habeas corpus review, accused who had been convicted
of murder and sentenced to death in Louisiana trial held entitled to new
trial because of prosecution's failure to disclose material evidence favor.
able to accused,
SUMMARY
In a number of decisions including the landmark one in Brady ¥ Mary.
land (1963) 873 US 83, 10 L Rad 2d 216, 83 S Ct 1194, the United States
Supreme Court has held that the prosecution has a due process obligation
under the Federal Constitution to disclose material evidence favorable to a
criminal defendant. After an accused's first trial in a Louisiana court ended
in & hung jury, the accused was tried again, convicted by a jury of first-
degree murder, and sentenced to death. The accused was unsuccessful on
direct review and sought state collateral review. Although the accused was
ultimately unsuccessful there as well, he waa able to present some evidence
favorable to him that the state had failed to diselose before or during trial.
Eventually, the accused filed a habeas corpus petition in the United States
District Court for the Eastern District of Louisiana and included a Brady
claim, but the District Court denied the petition. On appeal, the United
States Court ef Appeals for the Fifth Circuit, in affirming, rejected the ac-
cused’s Brady claim (6 Fad 806),
On certiorari, the Supreme Court reversed the Court of Appeals’ judgment
and remanded the case for further proceedings. In an opinion by Soursr, J.,
jolned by Srevens, O'Connor, Ginssura, and Brever, JJ., it was held that
on federal habeas corpus review, the accused was entitled to a new trial
because of the prosecution’s failure to comply with the due process obliga-
tion to disclose material evidence favorable to the accused concerning his
possible innocence of the crime, for the net effect of the evidence withheld
by the state raised a reasonable probability that the evidence’s disclosure to
competent counsel would have produced a different result, as, among other
400
KYLES v WHITLEY
(1986) 132 L Bd 2d 490
factors, (1) contrary to the incorrect s
of Appeals may have used, the stat
cumulative effect of all such suppressed evidence;
remaing responsible for gauging that effect regardless
tandard for materiality that the Court
e's disclosure obligation turns on the
and (2) a prosecutor
of any failure by the
police to bring favorable evidence to the prosecutor's attention.
STEVENS, J,, foined by Ginesuro a
the view that even aside from the im
the capital case at hand, the case me
ited review on certiorari.
laim, the undisclosed evidence did not
t, in light of, among other
which the state had presented to the
HEADNOTES
Classified to United States Sy prema Court Digest, Lawyers’ Edition
Constitutional Law § 840.2: Ha-
beas Corpus § 39 — due pro-
cess — failure of prosecution
to disclose evidence in state
case — federal relief
la-if. On federal habeas corpus
review with respect to an accused
who-—after his first state trial ended
in a hung jury—was tried again,
convicted by a jury of first-degree
murder, and sentenced to death, the
accused is entitled to a new trial
because of the proseeution’s failure
to comply with the due process obli-
gation under the Federal Constitu-
tion to disclose material evidence
favorable to the accused concerning
his possible innocence of the crime,
for the net effect of the evidence
withheld by the state raises @ reagon-
able probability that the evidance's
diselosure to competent counse]
would have preduced a different re-
sult, ae (1) contrary to the incorrect
standard for materiality that a Fed-
eral Court of Appeals may have used
in upholding a denial of relief to the
accused, the state's disclosure obliga-
tion turns on the cumulative affect
of ail such suppressed evidence; (2) a
prosecutor remains responsible for
Rauging that effect regardless of any
failure by the police to bring favor-
able evidence to the prosecutor's at-
tention; (9) in the case-at hand, while
not every item of the state's case
would have been directly undereut if
the withheld evidence had been dis-
closed, the physical evidence remain-
ing unscathed would, by the state's
own admission, hardiy have
amounted to overwhelming proof
that the accused was the murderer;
(4) while the ingonelusiveness of the
physical evidence does not prove the
accused's innocence, and while tho
jury might have found the overall ev-
idence sufficient to convict, conf.
dence that the jury’s verdict. would
have been the same cannot survive a
recap of the suppressed evidence and
ite significance for the prosecution,
where the jury would have been
entitled to find that (a) the investiga-
tion was limited by the police's un-
critical readiness to accept the story
491
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PERSECUTOR OR PROSECUTOR?
JIM WILLIAMS
eans Parish prosecutor atthe [984 Kyles trls
Prosecoto® in. Corts’
Case whe clisplayed
oxy electric Cha!
his desk —Lok the face
is Corts K yles
me tn Thee
Ge iF on ead) |
‘[Wje should independently review the record to ensure that the
prosecution's blatant and repeated violations of a well-settled constitutiona
obligation did not deprive [Mr. Kyles] of a fair trial" Justice Stevens in Kyles!
v. Whitley, the decision which reversed Kyles's 1984 conviction.
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Innocence
and the
Death Penalty
The Increasing Danger of
Executing the Innocent
A Report by the Death Penalty Information Center
Curtis CA LS mentions
as oy Il Of this
le por
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- -
Innocence and the Death Penalty 17
-either be retried in 30 days or released, stating that the actions of the police and
* prosecutors in this case were “outrageous,” “intentional” and "done in bad faith.”
He further said that their misconduct "was designed and calculated to obtain...
another ‘notch in their guns." Judge Hoyt's ruling was unanimously upheld by the
U.S. Court of Appeals. A new trial was granted to Guerra, but Houston District
_ Attorney Johnny Holmes dropped charges on April 16, 1997 instead. Guerra
returned to his native Mexico. | .
B. Reversals With the Probability of Innocence (8 cases)
As the above list shows, new cases of innocent people on death row are
frequently being discovered. Cases are not added to the list, however, until the
defendant is cleared of the charges. If a retrial is likely, then a person is not
included. Nevertheless, there have been some notable reversals of convictions in
death penalty cases in recent years where there is a strong likelihood that the
defendant will ultimately be completely cleared. In some of these cases, the
defendant has already been released from prison. The defendants have not been
completely exonerated because the state has indicated it will retry them.
Andrew Lee Mitchell Texas Conviction 1981 Released 1993
The Texas Court of Criminal Appeals overtumed the murder conviction of
Mitchell, within two days of execution in 1984, because the sheriff's department
Suppressed statements from law officers who reported seeing the victim alive two
hours after the alleged murder. A key witness also recanted his testimony. The
prosecutor in Mitchell's case filed an affidavit saying that Mitchell had not received a
fair trial. Mitchell was freed in 1993 and no re-trial has been held.
——— Curtis Kyles Louisiana Conviction 1984 —_— Not Released
Kyles's conviction was overtumed by the US. Supreme Court on April 19,
1995, because the prosecution had withheld material evidence from the defense,
thereby undermi.ting the verdict. Kyles's successful appeal was in the form of a
federal habeas corpus petition, since he had lost all of his appeals in state court. The
state had withheld considerable information about a paid informant who may have
been the actual murderer. The retrial of Kyles resulted in a hung jury. The next
steps are unclear, but Kyles may be released.
Benjamin Harris Washington Conviction 1984 Not Released
The US. Court of Appeals for the 9th Circuit vacated Harris's conviction on
September 12, 1995, because his original trial lawyer was incompetent. Harris
maintains his innocence and says he was framed for the 1984 murder of Jimmie
Turner. Harris's attorney interviewed only 3 of the 32 witnesses listed in police
reports and spent less than 2 hours consulting with Harris before trial. Harris's co-
defendant was acquitted. Harris has been found to be mentally incompetent. The
prosecution is unsure about retrying Harris. .
Joseph Spaziano Florida Conviction 1976 Not Released
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National Office
Suite 1600
NAACP LEGAL DEFENSE 99 Hudson Street
AND EDUCATIONAL FUND, INC. New York, N.Y. 10013-2897 (2123 219-1900 Fax: (212) 226-5
FOR IMMEDIATE RELEASE CONTACT: Tonya McClary
September 6, 1997 | Angela Krueger
304/558-9867
586-8155 fax
Opening Statement To Begin in the Curtis Kyles Case TODAY !1!
Today at 10:00am in Section D of the Courthouse at Tulane and Broad, opening statements will
begin in the Curtis Kyles case. The opening statements, as well as, the rest of the trial should
produce fireworks between the lead prosecutor Glen Woods and the lead defense attorney Mike
Fower. The two have been battling furiously for their respective sides.
Jury selection which started on Tuesday, September 2nd was completed last night when the final
two jurors and the two alternates were selected.
Although the adversarial part of the trial begins today, the prosecution has still failed to tum
over ail the Brady evidence in the case. The defense requested the grand jury testimony of
Detective John Dillman and Henry Williams and as of 9:00am this morning that evidence has
not been turned over.
The prosecution is expected to put on the stand witnesses that during the third trial in October
of 1996 admitted that they had lied at either one or both of the previous trials in 1984. If this
occurs there could be allegations of the district attomey’s office suborning perjury.
A <opy of
fn m-the 4th
Tr a. |
Regions! Offices
Contribuzions gre The NAACP Legal Defense & Edycational Fund, lac. (LDF) is not part Suive 301 Stine 208
deductible for U.S, of the Naxional Association for the Advancement af Colomd People 1275 K Street, NW 315 Weare Ninch Sqaer
income tax pus poses. (NAACP) atthough LDF was founded! by the NAACP and share its Washington, OC 20005 Las Angeles, CA 0015
Commmitmint to equal rights. LDF has had, since 1957, 9 scparate (262) 682.1300 {213) 624-2405
Board, program, staff, affice and budget, Fax; (202) 682-1312 Fax: (213) 624.0075
02/19/98 16:27 TX/RX NO.8010 P.012
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. Nationa! Office
\\ \\ Suite 1600
NAACP LEGAL DEFENSE 99 Hudson Street
AND EDUCATIONAL FUND, INC. New York, N.Y. 10013-2897 (212) 219-1900 Fax: (212) 226-75
FOR IMMEDIATE RELEASE CONTACT: Tonya McClary
September 4, 1997 . Angela Krueger
504/558-9867
586-8155 fax
Community Groups and Student Activities Take to the Streets TODAY September 4th to
Protest the Unjust Persecution of Curtis Kyles |
On Thursday, September 4th, student activist and concerned citizens of New Orleans will
be holding a rally on the steps of the Courthouse on Tulane Avenue at 4:00p.m. to protest
the District Attorney’s decision to proceed with the fourth trial of Curtis Kyles, despite the
overwhelming evidence of his innocence. Mr. Kyles had spent 11 years on death row and had
come within 36 hours of execution. The event is being spear-headed by members of the
community where Curtis’ family lives, as well as, student leaders from Aimnesty International
USA, The event is expected to have speeches from various members of the community, students
and a member of the NAACP Legal Defense & Educational Fund.
On Tuesday morning, the 1st day of the trial the defense team filed three motions that detailed
the misconduct of the prosecutors in the past three trials. The first motion was to prevent a
prosection-proved mistrial. The motion stated that if the prosection put on certain witnesses that
at the third trial admitted they had lied under oath, the District Attorney was provoking a
mistrial by suborning perjury. The second motion was to bar a retrial on the grounds of Double
Jeopardy. The double jeopardy argument was founded on the principle of law that states that
1) the State should not be allowed to make repeated attempts to convict an individual for an
alleged offense and 2) double jeopardy bars trial where "bad faith conduct by judge or
prosecutor," ., threatens the “harassment of an accused by successive prosecutions or declaration
of a mistrial so as to afford the prosecution a more favorable opportunity to convict" the
defendant. The third motion was to request any evidence to be turned over to the defense that
they are entitled to have for trial.
Jury selection is still taking place and opening arguments are expected to start on Friday.
Contribusiont are The NAACP Legal Defers & Educational Fond, tac. (LDF) is not part Suite 301 Siaite 208
deductible for U5. of the Natious} Association for the Advancement of Colored People 7S K Sercer, NW BMS Wer Ninch Screct
income tax purposes. SNAAGE) although LOF was founded by the NAACP and shares ies Washinguoe, DC 20005 = Los Angeles, CA 90015
COTRRERENM £0 Ocqual rights. LDF has had, tince 2957, a separate (202) 682-2300 624-2405
Board, program, staff, office end budset, Fax: (202) &&2-1342 Fas: (243) 624-0075
02/19/98 16:27 TX/RX NO.8010 P.013
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ela 219 28652 ooCCs™ P.13/415
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. National Office
\\ \\ Suite 1600
NAACP LEGAL DEFENSE 99 Hudson Street
AND EDUCATIONAL FUND, INC. New York, N.Y. 10013-2897 (212) 219-1900 Fax (212) 226-759:
FOR IMMEDIATE RELEASE CONTACT: Tonya McClary
| September 1, 1997 ' Angela Krueger
504/558-9867
$86-8155 fax
PERSECUTION OF CURTIS KYLES CONTINUES WITH FOURTH TRIAL ON
SEPTEMBER 2
NEW ORLEANS, LA--On Tuesday, September 2nd at 9 a.m., the fourth trial of Curtis Lee Kyles will
begin in the courtroom of Judge Alfred Mansour (Section D). The office of Orleans Parish District
Attorney Harry Connick has indicated its intention to proceed with this trial despite overwhelming
evidence which suggests that Mr. Kyles is innocent of the crime and that a police informer was the real
killer.
In 1984, the first trial ended with a hung jury. The second trial ten days later resulted in a conviction
and a death sentence, but after Mr. Kyles was able to expose the prosecutor’s misconduct, the U.S.
Supreme Court overturned the conviction. At the Supreme Court the prosecution argued that the
suppressed evidence would not have made a difference in the outcome of the case, At the third trial
in October of 1996 the jury voted 10-2 for acquittal.
National groups have joined local opposition to the upcoming trial of Mr. Kyles, an African-American
man who has spent 11 years on Death Row and has faced three Capital juries.
“This case is a travesty of justice," said Tonya McClary of the NAACP-Legal Defense and Educational
Fund. “The eyes of the national and international communities are on the state of Louisiana as it
proceeds with the persecution of Curtis Kyles. Justice is clearty not being sought in this instance."
Regional Offices
Conuribetigns are “The NAACP Legal Defense & Educationnt Fund, tac. (LDF) i not pert Suite 301 Suite 28
dechactthle few 1S. of the National Amociation fer the Advancement of Colored People 3275 K Sevect, NW 3S West Neath Sorcct
income tax purposes. (NAACP) akhough LDF was founded by the NAACP and shaves ts Se DES Los Angeles. (CA 90083
commitment to equal rights. LDF has had. since 1957, » separece (202) (245) 624-2405
Board, progam, staff, office and budget. Fax: (202) 682-1312 Fax: (213) 634-0075
02/19/98 16:27 TX/RX NO.8010 P.014 B |
"FEB 19°98 16:38 FR ®
. National Office
{\ \\ . Suite 1600
NAACP LEGAL DEFENSE 99 Hudson Street .
AND EDUCATIONAL FUND, INC. New York, N.Y. 10013-2897 (212) 219-1900 Fax: (212) 226-759
- FOR IMMEDIATE RELEASE CONTACT: Tonya McClary
Local and National Groups Protest Harry Connick’s Intention to Retry Curtis Kyles for the
Fourth Time on Capita) Charges
On Thursday, August 28th, local and national groups will be holding a press conference at the Jaw
offices of Smith, Jones, and Fawer, 201 St. Charles Avenue, Suite 3702 (Place St. Charles) at 1:30
p-m. to protest District Attorney Harry Connick’s intention to retry Curtis Kyles, an innocent African-
American man whose case exhibits overwhelming evidence of prosecutorial misconduct. Mr. Kyles has
been tried three times before a capital jury in connection with the 1984 murder of Mrs. Dolores Dye.
Indeed, the U.S. Supreme Court reversed his conviction in 1995, stating, "[W]e should independently
review the record to ensure that the prosecution’s blatant and repeated violations of a well-settled
constitutional obligation did not deprive [Mr. Kyles) of a fair trial." Mr. Kyles’s fourth trial - the
second retrial after the Court decision - is set for Tuesday, September 2.
Mr. Kyles’s first capital trial in 1984 resulted in a mistrial because the jury failed to reach a decision
on guilt or innocence. His second trial, held ten days later, resulted in a conviction and a sentence of
death because Harry Connick’s office withheld from the defense evidence which indicated Mr. Kyles’s
innocence. Mr. Kyles spent 11 years on Death Row and even came within 36 hours of execution.
Finally, the U.S. Supreme Court recognized that the misconduct on the part of the Orleans Parish
State’s failure to disclose exculpatory evidence are extremely rare.” The Court reversed Mr. Kyles’s
conviction.
Seventeen months later, the state elected to retry Mr. Kyles. The jury voted 10-2 for acquittal. (in
Louisiana, such a vote in a non-capital case is a verdict for acquittal.) Eleven months after this trial,
the state again plans to retry Mr. Kyles, nearly 13 years after the original trial.
The local chapters of the NAACP, Amnesty International, and ACLU will be represented at the press
conference; and lead counsel for Mr. Kyles, Mike Pawer, and Curtis’s sister, Lela Johnson, will also
be present.
Attachment: Summary of the case (5 pages)
ele 2135 2652 ae P.iS/15
Regional Offices
Cosstribupions are ‘The NAACP Legal Dateons & Edvowticna! Fund, inc, (LDF) is nex part Seca S01 Save 208
dedhurtible for US. of the Nations) Association for the Advencement of Colored People T27S K Sercee, NW RS West Ninh Srreet
inna atx Purpose. (NAACP) although LDF was founded by the NAACI and shares is Washingtos, DC 2005 uae
comniiiment to equal rights LDF tes had, sinor 1957, a sepecsen
Board, program, staff, office and badger
02/19/98 16:27 TX/RX NO.8010 P.015
EEE LLL
Fox Cary) one e302 Fax: (213) 40075
kK TOTAL PAGE.@15 **
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Fatal :
Fla
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A Lethal Lottery wat LOC im
Innocent and on Death Row: How Does It Happen?
The Myth of Infallibility
A Lethal Lottery
More than 75 men and women have been released from US death rows since 1972, after suffering the horror of being sentenced
to death and incarcerated for a crime they did not commit.? Remedying these hideous mistakes took anywhere from two to 22
years; many of these innocent people came within hours of execution.
The true number of innocent people condemned and then
released is undoubtedly higher. When a capital conviction is
overturned, prosecutors will frequently offer a sentence of 'time
served' in return for a guilty plea. The defendant thus "admits" their
guilt as the price of their freedom, rather than face further
incarceration, another trial and the possibility of a new death sentence.
It is likely that a large number of defendants who enter guilty pleas
following reversal were not guilty of the crime for which they were originally convicted.
"There is rarely any question about the guilt of these
people, virtually none. That is a myth...these guys on death
row are the pits..." Attorney General of Georgia, 1996
Even setting aside this category of cases, the recognized number of innocent people sentenced to death represents more
than one per cent of all US death sentences imposed in the modern era.’ This figure is more alarming when placed in the context
of the total number of executions. For every six prisoners executed since the reinstatement of the US death penalty, one innocent
person was condemned to die and later exonerated. How many equally blameless but less fortunate prisoners still await
execution - or have already gone to their deaths - may never be known.
Innocent and on Death Row: How Does It Happen?
While there are a multitude of factors contributing to mistaken death sentences in the USA, a deadly pattern emerges from the
cases of individuals who were later exonerated. These recurring factors include the inadequate performance of defence attorneys
and misconduct by prosecuting authorities eager to gain a conviction at any cost. Juries often rely on false evidence, including
the perjured testimony of jail-house informants who bargain for leniency in return for their incriminating statements.
It is standard practice for US prosecutors to offer various forms of leniency to suspects and co-defendants in exchange for
testimony used to incriminate other individuals. In many capital trials, prosecutors have built entire cases around the testimony
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of inmates claiming that the defendant "confessed" to the crime in their presence while they were imprisoned together.
The dubious value of induced testimony has been regularly exposed, but its use continues unabated. In 1989, repeat
offender Leslie White demonstrated to California authorities how he could gather enough information on a case (from newspaper
reports and by posing as a police officer on the telephone) to concoct confessions from fellow-inmates he had never met. White
admitted to committing perjury in at least one case and to receiving an $1,800 reward, furloughs from prison, a recommendation
for parole and bail reduction in exchange for his frequent - and totally false - testimony.
It has been said that the death penalty in the USA is the "privilege of the poor"; virtually all prisoners released from death
row on grounds of innocence were indigent defendants unable to afford competent legal representation. Time and time again,
appointed counsel in capital cases have failed to provide even minimally adequate defence to clients on trial for their very lives.
The ultimate responsibility for this failure rests less with the attorneys themselves (many of whom were inexperienced and
underfunded) and more with judicial officials and politicians who allow such shockingly low standards of legal representation.
The understandable public outrage over particularly brutal crimes can place enormous pressures on public officials to
secure a speedy arrest and conviction. The resulting trial may take place in a community so inflamed against the defendant that
impartiality is impossible.
Far too often, police officers have fabricated evidence and coerced confessions in their zeal to solve a high-profile case.
Gary Nelson was falsely condemned for the rape and murder of a six-year-old girl in Georgia. After nearly a decade of diligent
investigation, his volunteer lawyers proved that the district attorney had suppressed evidence of Nelson's innocence, that a
forensic expert had presented false testimony and that investigators had lied under oath in a deliberate effort to conceal the
weakness of their case against Nelson.
Other legal officials then often compound these types of injustices by refusing to acknowledge the possibility of an
innocent defendant being condemned. Georgia Attorney General Michael Bowers has gone on record to state that there are no
innocent prisoners on death row. "There is rarely any question about the guilt of these people, virtually none. That is a
myth...these guys on death row are the pits," Bowers said in a newspaper interview. When asked specifically about Ellis Wayne
Felker, a Georgia death row inmate with a credible claim of innocence who faced imminent execution, Bowers replied, "I've
talked to the cops who investigated him, and I asked them: 'Guys, is there any doubt about his guilt?’ And they told me,
‘Bullshit'." Since 1976, four prisoners have been released from Georgia's death row following their complete exoneration.
Some elements within US society appear to be particularly vulnerable to wrongful prosecution. Overt racial prejudice has
undeniably factored in the erroneous convictions of defendants from minority groups. Suspects with mental disabilities have
been known to falsely confess to crimes in order to placate their interrogators; those same disabilities then preclude meaningful
participation in their trial defence.
Other defendants are the victims of guilt by association, falsely accused because of their prior criminal record or wrongly
implicated by the actual perpetrator of the crime. In several cases, the police appear to have knowingly targeted an innocent
person simply because of their inability to find any valid suspect to arrest.
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The Myth of Infallibility
There is a widespread public perception that the lengthy appeals process which many US death sentences are subject to will
somehow eliminate all risk of error. This confidence is completely unwarranted, since the purpose of post-conviction review is
only to ensure that all rules and judicial safeguards were observed. Contrary to popular belief, US appeal courts are rarely
allowed to reconsider the guilt or innocence of condemned prisoners.
Whatever the reasons for the erroneous conviction, it is an overwhelmingly difficult task to persuade the legal authorities
that a mistake has been made. The presumption of innocence vanishes after conviction. As one prominent defence attorney has
pointed out:
"Appellate courts have only one function, and that is to correct legal mistakes of a serious nature made
by a judge at a lower level. Should a jury have erred by believing a lying witness, or by drawing an
attractive but misleading inference, there is nothing to appeal." 2
Freeing the innocent has taken place more as a matter of luck and private initiative than the result of careful judicial
scrutiny, prompting the conclusion that inmates are exonerated not because of the system, but in spite of it.
On numerous occasions, innocent death row inmates were spared only because of the tireless work of a few dedicated
individuals willing to donate large amounts of their time, energy and private resources. For example, Verneal Jimerson and
Dennis Williams were released from Illinois' death row in 1996. Their attorneys had worked on the case free of charge for six
years; journalism students from Northwestern University had uncovered evidence of the men's innocence as part of a class
project.12 Gary Nelson was released in 1991 after 12 years under sentence of death in Georgia; his attorneys completed more than
$250,000 worth of their time and funds on his case, money which they knew they would not recover from the authorities.
~ Figures according to the Death Penalty Information Center, Washington DC.
* As of 1 July 1998, 5,822 death sentences had been imposed since 1972, according to Death Row USA, NAACP Legal Defense Fund.
” F. Lee Bailey, quoted in Convicting the Innocent, by James McCloskey, Criminal Justice Ethics, Vol. 8 No. 1, 1989.
’ For further details see A Promise of Justice, David Protess and Rob Warden, NY: Hyperion, 1998.
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Curtis Kyles
Louisiana
Convicted 1984; Released 1998
Kyles was convicted on November 26, 1984 for the murder of a white woman in a store parking
lot and therefore sentenced to death. The police came to suspect Kyles based on statements by a
man named Joseph “Beanie” Wallace who claimed that he purchased the victim’s stolen car from
Kyles after the murder. The prosecution bolstered this claim with evidence that some objects
associated with the crime including the murder weapon were found in an around Kyles’ home.
Several witnesses also testified that Kyles was the person they saw at the crime scene. The
defense called this eyewitness testimony into question and the jury in the first trial was hung.
Upon retrial Kyles was convicted but that conviction was ultimately reversed by the United
States Supreme Court which held that the prosecution had hidden significant exculpatory
evidence about the significant changes in the eyewitnesses’ account and the corruption of the
investigation. Had this material been disclosed to the defense it would not only have undercut the
case against Kyles but would have supported his claim that he was being framed by Wallace and
the New Orleans authorities. The case was remanded for a third trial which ended in a hung jury
as did the fourth and the fifth trial. In the end the District Attorney announced that he would drop
all charges against Kyles who was set free having once come within 30 hours of scheduled
execution.
