DA Paul Howard's Conviction Review Unit to Start With Wayne Williams Case
"It is my belief that a conviction based upon truth and justice will withstand any scrutiny. It is my belief that the greatest risk is not allowing truth and justice to direct your decisions,” said DA Paul Howard.
April 29, 2019 at 12:29 PM
5 minute read
Fulton County District Attorney Paul Howard Jr. has joined a new phase of the national criminal justice reform movement by creating a separate unit within his office to review convictions. And he has identified the first case for review: Atlanta's 29 murdered and missing children and young men from the late 1970s and early 1980s and the conviction of Wayne Williams for two of them.
Howard, along with Atlanta Mayor Keisha Lance Bottoms and Police Chief Erika Shields, announced last month they would review the Atlanta Child Murders. They plan to address lingering questions—not only about the guilt of Williams but the unsolved cases. At the time Williams was convicted, prosecutors believed he was responsible for many more of the missing children but decided against prosecuting those cases.
Howard laid out the details Friday for a conviction integrity unit that it is believed will be the first of its kind in Georgia. The basis for review will be claims of actual innocence, not legal arguments. Recommendations will be made by panels of eight that include prosecutors, defense attorneys, a law school representative and a minister.
The unit will have a director—and Howard is looking to fill that opening.
“Some within the criminal justice system here in Fulton County have said that my office is taking a significant risk by creating and forming a Conviction Integrity Unit,” Howard said in a news release. “Some believe we are exposing ourselves to greater scrutiny and criticism by sanctioning an independent review of our cases. However, it is my belief that a conviction based upon truth and justice will withstand any scrutiny. It is my belief that the greatest risk is not allowing truth and justice to direct your decisions.”
Howard cited a study by the University of Michigan Law School, University of California Irvine Newkirk Center for Science and Society and the Michigan State University College of Law showing rapid growth in the number of conviction integrity units across the country, adding up to 33 in 2017. The work of such units has led to 269 exonerations through 2017, according to the study.
Howard's move is “huge” news in criminal justice reform, according to criminal defense attorney and appellate specialist Andrew Fleischman of Ross & Pines.
“Conviction integrity units are a vital development,” Fleischman said Monday. “They let the state use its superior investigative resources not just to remedy past injustice but sometimes to find the real perpetrators of crimes. Best of all, for the first time, they make the actual innocence of the defendant relevant on appeal even where there might not be other strong legal issues. I'm thrilled.”
Fleischman told the Daily Report in an interview last week that he recently won dismissal of a conviction for obstruction on a habeas corpus appeal by working with the prosecutor to show the judge that the defendant was innocent. It was an unusual case, and one that spotlighted the need for conviction integrity review units with district attorney's offices.
Two days later, Howard announced he was doing exactly that.
Howard's announcement came with statements of support from other defense attorneys.
“Justice is putting those who commit crimes behind bars and making sure the innocent remain free,” said L. Chris Stewart of Stewart Trial Attorneys, who has become known nationally for representing families of people—who happen to be mostly black men—shot by police officers. “The creation of the Conviction Integrity Unit will make sure that any errors that cost an innocent person their freedom are remedied.”
“As representatives of 'the people,' prosecutors have a responsibility to ensure that the guilty, and only the guilty, are convicted,” said Melissa Redmon, director of the Prosecutorial Justice Program at the University of Georgia School of Law. “As every prosecutor is (or should be) taught, her primary responsibility is to seek justice.”
“It is of foremost importance to ensure that each case is handled with its proper due diligence. The people of Fulton County must have confidence in the just outcome of each case; therefore, we applaud this step,” said attorney Gerald Griggs, first vice president of the Atlanta NAACP. “Hopefully, this innovative measure will ensure the public's belief that the Criminal Justice System can be fair for all citizens.”
Applications for the job of director can be made through the careers section of the Fulton County District Attorney's website, which also includes a job description. The annual salary is between $80,000 and $125,000. Requirements include a J.D. and extensive experience as a prosecutor.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All11th Circuit Revives Project Veritas' Defamation Lawsuit Against CNN
'Paragraph V Displaced Lathrop': High Court Mulls Sovereign Immunity Waiver Disputes
7 minute readBig Law Practice Leaders 'Bullish' That Second Trump Presidency Will Be Good for Business
3 minute readTrending Stories
- 1Trump's Return to the White House: The Legal Industry Reacts
- 2Climate Disputes, International Arbitration, and State Court Limitations for Global Issues
- 3Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
- 4The Law Firm Disrupted: Big Law Profits Vs. Political Values
- 5Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.