In New York, half of CIU exonerations involve prosecutorial misconduct, but DAs rarely acknowledge who got it wrong.
In New York, half of CIU exonerations involve prosecutorial misconduct, but DAs rarely acknowledge who got it wrong. ·  View in browser
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Renay Lynch of Buffalo, New York, was exonerated on January 5, 2024. Photo taken February 6, 2025. Brandon Watson / New York Focus
In New York, half of CIU exonerations involve prosecutorial misconduct, but DAs rarely acknowledge who got it wrong.
By Ryan Kost and Oishika Neogi

New York CIUs have supported more than 90 exonerations in the last decade and a half. In half of those cases, prosecutorial misconduct may have played a role in the original conviction, according to a New York Focus and CJI analysis of data from the National Registry of Exonerations. Each included credible allegations that prosecutors had violated legal and ethical standards meant to ensure a defendant’s constitutional right to a fair trial, such as withholding evidence that could have cleared their name or making statements during trial that biased the jury.

Officials acknowledged that prosecutors had engaged in improper behavior in less than 20 percent of these exonerations, according to a review of DA press statements. By contrast, officials conceded mistakes by police in nearly 60 percent of them.

Even when units recognized prosecutor mistakes, DAs’ offices overlooked them. In Brooklyn, for instance, the Kings County unit publishes reports on exonerations it supports, detailing what went wrong in the original criminal cases. Almost a dozen of these reports have documented prosecutor missteps. But in press releases touting the exonerations, the Brooklyn District Attorney’s Office sometimes omits such actions.

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James Pugh, who was wrongfully convicted in 1994, had always maintained his innocence. He moved to overturn his conviction in 2021. Brandon Watson for New York Focus
The secretive units have fallen short on their promise to help wrongfully convicted New Yorkers.
By Ryan Kost and Willow Higgins

There are perhaps hundreds of innocent people in New York prisons. Studies estimate that as much as 6 percent of the US prison population is wrongfully incarcerated — that translates to roughly 2,000 wrongfully incarcerated people in the state. Their path to exoneration is narrow: They can appeal their convictions in court, but New York appellate courts rarely grant full exoneration.

Over the past decade, New York prosecutors have been promoting conviction integrity units, commonly known as CIUs, as an alternative path to exoneration. For incarcerated people who’ve exhausted their court appeals, the units are often their last resort.

These specialized departments, typically housed within DAs’ offices, are tasked with re-examining wrongful conviction claims. They promise a fair and independent review, a collaborative fact-finding mission.

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Copyright © New York Focus 2024, All rights reserved.
Staying Focused is compiled and written by Alex Arriaga
Contact Alex at alex@nysfocus.com

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