Below is an offer of support from Chris Fabricant at the Strategic Litigation department at the Innocence Project in NY.
The Strategic Litigation department at the Innocence Project works to address the leading contributing causes of wrongful conviction: unvalidated and misapplied forensic science, eyewitness misidentification evidence, and false confessions. We are writing to express our interest in collaborating with and providing support to your organization by way of case consultations, amicus briefs, attorney trainings, and assistance in litigating cases that involve these areas. As our work centers on legal reform, innocence is not a prerequisite for our support, and we work at all stages of the judicial process, from pretrial hearings and motions to post-conviction litigation.
Our work on eyewitness evidence includes efforts to modernize admissibility standards for eyewitness evidence; bar or limit the use of in-court identifications; and promote the adoption of intermediate remedies, such as expert testimony and enhanced and scientifically-sound jury instructions in cases involving unreliable eyewitness evidence. We also seek to challenge interrogation tactics that increase the risk of a false confession, and to ensure that courts evaluate and treat confession evidence in a scientifically sound manner. In the area of forensics, we focus on non-DNA forensic techniques, particularly trace and pattern evidence techniques, as well as litigation around proper gatekeeping standards. For example, we have recently consulted on cases that involve cadaver dog evidence, bitemark analysis, and toolmark evidence as it relates to firearms and ballistics. We also have an interest in legal questions implicating the ability to challenge forensics, including transparency (as in source code disclosures), Confrontation Clause issues, and availability of experts.
In practical terms, we can connect you with experts who span both forensic and social science subject areas; consult on specific cases and issues; submit amicus briefs in cases that present challenges to this type of evidence; and provide your office with both model motions and trainings on litigation strategies. Additionally, we maintain a comprehensive library of scientific research and are happy to share helpful literature upon request.
It is our hope that we can serve as a resource in your cases that involve unreliable forensic science, eyewitness identification, and interrogation and confession evidence. Please email rjones@innocenceproject.org or treagon@innocenceproject.org with any questions, cases, or matters in which you may seek support. We would be happy to further discuss if and how we can be of assistance, as well as get you in touch with M. Chris Fabricant, Dana Delger, and Alexis Agathocleous for additional guidance.