|
Location |
Defendant(s) |
Date of Alleged Crime |
| Clackamas
County, OR |
Santiago Ventura Morales |
July 13, 1986 |
|
Santiago Ventura Morales was
convicted of murdering Ramiro Lopez Fidel, a fellow farm worker. Fidel
had been stabbed twice in the chest and left to die in a strawberry field
near Sandy. The conviction was due to the prosecution's use of
fabricated evidence, including the use of a fake murder weapon. Only one
witness, an illegal immigrant from Mexico, testified that Morales was the
killer. The witness, Epifanio Bautista Lopez, initially testified that he
saw nothing, but changed his testimony after he was taken into the district
attorney's office during a recess. Under cross-examination, Lopez said
that he was afraid of what might happen to him if he did not testify the way
the prosecutor wanted him to testify.
Several days
after the trial, four jurors, Patricia Lee, Glorya Oppitz, David Ralls, and
Sherien Jaeger, told the defense co-counsel, Lane Borg, that they had
changed their minds about their jury votes and asked if they could do
anything about it. They were told that a verdict cannot be thrown out
simply because jurors change their minds. Three of these jurors formed
a support group for Morales. They visited him in jail, sent him money,
and wrote letters to the parole board asking for his release.
Morales's defense
was hampered because Morales, a Mexican immigrant, did not speak English or
Spanish, but spoke Mixtec, an indigenous language. The judge assigned
him a Spanish interpreter. The interpreter tried to tell the judge
that he could not communicate with Morales, but the judge refused to accept
the idea that a Mexican defendant could not speak Spanish. Portland
Oregonian newspaper columnist Phil Stanford wrote many columns outlining
Morales's innocence. The Oregon Attorney General opposed Morales's
petition for relief on the grounds that his innocence was not a legal basis
to overturn his conviction and release him. Four years after Morales's
conviction, his lawyer established that another farm worker, Herminio Luna
Hernandez, was the actual killer and Morales was released. (NY
Times)
[5/08] |
| Columbia County, OR |
Arthur Pender |
Sept 3, 1911 |
|
John Arthur Pender was convicted of the murder of Mrs. Daisy Wehrman and her
four-year-old son, Harold. The murders happened at a rural hamlet
known as Schnitzerville, which was five or six miles west of Scappoose, OR.
Suspicion may have been placed on Pender by a neighbor, G. H. Sierkes, who had
disputes with Pender and whose wife had reported the murders. Evidence
indicated the Sierkes family had a good idea who the actual culprit was.
The jury at Pender's first trial could not agree on a verdict, but he was convicted at his
second trial. The evidence against him consisted of speculation about how he could have committed the
murder. Pender was initially sentenced to death.
The Sierkes had a son,
John G. H. Sierkes, age 20 at the time of the murders, who was a mental
defective with homicidal tendencies. He had made attempts to kill his
father and different members of his family when he was thwarted or angry.
John Sierkes later confessed to the murders, then repudiated his confession
after his family threatened to disown him. He then reconfessed and
there is much evidence to indicate that he did, in fact, commit the murders. Oregon Governor Olcott pardoned Pender in
1920. (Why
Some Men Kill or Murder Mysteries Revealed) (MOJIPCC) [8/09]
|
| Jefferson County, OR |
David Lee Simmons |
Sept 2005 |
|
David Lee Simmons was charged with four counts of felony third-degree rape
and two counts of felony sodomy for having consensual sex with his girlfriend dating
back to Sept. 2005 when he was 17 and she was 14. Under a plea deal, Simmons pled guilty to
two counts of the charges rather than risk many years in prison if convicted by a jury
on all counts. He served 30 days in jail.
However, James Greer, the foreman of the grand jury that was asked to indict
Simmons, happened to read a newspaper account of the plea deal. Since
the grand jury specifically declined to indict Simmons, Greer was shocked
and he confronted prosecutor Steven Leriche, who in turn contacted Simmons's
defense attorney. The prosecutor may have mistakenly failed to read
Simmons's paperwork and thought he was indicted. However, since the
refusal to indict individuals are rare events which receive notice, some
observers do not believe it likely the prosecutor made this mistake.
Instead they believe he simply proceeded as though Simmons was indicted.
Simmons's defense attorney failed to catch this error. In Oct. 2006,
Simmons's convictions were vacated. (Popehat) (FJDB) [8/09] |
| Josephine County, OR |
Jasper Jennings |
Sept 7, 1905 |
|
Jasper Jennings was convicted and sentenced to death for the murder of his father, Newton
M. Jennings. In 1906 the state supreme court overturned the conviction because
of improper testimony by trial witnesses. Charges against Jasper were
dropped following a motion at retrial. According to some witnesses, Jasper's sister, Dora, had
told them she had committed the crime.
(State
v. Jennings) (MOJIPCC)
[1/10] |
| Lane County, OR |
Boots & Proctor |
June 7, 1983 (Springfield) |
|
Christopher
Boots and Eric Proctor were initially charged with the murder of 19-year-old 7-Eleven
clerk Raymond John Oliver, but charges were dropped and they were
released. They then filed a wrongful imprisonment suit. In retaliation for
filing the suit, Springfield, OR police recharged them with the same offense
and framed them for the murder. They were both convicted of committing the
murder in 1986. They were cleared in 1994, after DNA tests excluded them as
the killers, and the real killer confessed in a recorded conversation with a
police informant. Both men were awarded $1 million each in 1998. (JD28
p7) [10/05] |
| Lane County, OR |
Karlyn Eklof |
Mar 21, 1993 |
|
Karlyn Eklof was convicted of the murder
of James Salmu. After eight to ten hours of daily interrogation for nine
days, Eklof recited on videotape a police invented scenario in which she
stabbed Salmu with a plastic knife. Eklof was prosecuted for Salmu's murder
based on this “confession.” Following Eklof's indictment, Salmu's body was
found. At trial, testimony was presented indicating that Salmu had been
stabbed. The prosecution then presented Eklof's confession, which
appeared to agree with the cause of death as she confessed to stabbing
Salmu. The prosecution also presented the testimony of
two witnesses who made incriminatory statements against Eklof.
On appeal it
was discovered that DA Fred Hugi had engaged in multiple Brady violations
involving the withholding of exculpatory evidence. Salmu's cause of death
was bullet wounds and there was no evidence that he had been stabbed. It
was also not revealed that the two witnesses who testified did so in order
to avoid prosecution themselves. One of these witnesses was under
indictment for molesting his daughter, and the DA went to extraordinary
efforts to conceal this fact. As of 2007, Eklof is using the Brady
violations to appeal her conviction. Eklof's complete story is written in
Improper Submission: Records of a Wrongful Conviction by Erma
Armstrong. (JD35
p3) [7/07] |
| Multnomah County, OR |
Sosnovske & Pavilac |
Jan 21, 1990 |
|
John Sosnovske
and Laverne Pavilac were convicted of the murder of Taunja Bennett.
Bennett's body was found off the old Columbia Gorge Scenic Highway. Pavilac
confessed that she and her boyfriend, Sosnovske, strangled Bennett and
disposed of her body. Pavilac later retracted her confession, claiming she made
it to escape an abusive relationship with Sosnovske. Pavilac was convicted,
and following the conviction Sosnovske pleaded no contest to the murder.
Later the "Happy Face Killer," Keith Hunter Jesperson, confessed to the
murder and gave details that only the actual murderer would know. After
Jesperson was convicted, a judge ordered Sosnovske's and Pavilac's release in 1995, stating,
"There's no longer any doubt that these two individuals are innocent. The
evidence is compelling." [10/05] |
| Multnomah County, OR |
Edward Westerdahl |
Mar 12, 1987 (Portland) |
|
(Federal Case)
Edward
Gordon Westerdahl, III, was
convicted of robbing the First Interstate Bank in Portland, Oregon.
The robbery was committed by two men, one of whom was found dead in the
getaway vehicle after being shot by a sheriff's deputy. To
convict Westerdahl, prosecutors granted plea/immunity agreements to three
witnesses who gave incriminating
testimony against him. However, the prosecution refused to
offer a similar immunity agreement to a fourth witness who was willing to
testify that Westerdahl had nothing to do with the robbery. As a
result of the fourth witness's failure to secure an agreement, he refused to
testify at trial based on his fifth amendment right against
self-incrimination. On appeal the Ninth Circuit Court found that the
prosecution distorted the fact finding process by its partiality in
"purchasing" testimony. The Court vacated Westerdahl's conviction in
1991. (U.S.
v. Westerdahl) [11/09] |
| Multnomah County, OR |
Nieskins & Cole |
1991 (Portland) |
|
In 1995,
police extracted confessions from Rick Nieskins and Christopher Cole to the
1991 murder of John Sewell. Both men were charged with homicide, and both
spent thirteen months in jail awaiting trial—even though two other men had
been convicted of Sewell's murder in 1991 and had always maintained that
they acted alone. Prosecutors eventually dropped charges against Nieskins
after records showed that he could not have committed the crime because he
was at a homeless shelter in Seattle at the time of the killing. Once they
acknowledged Nieskins' false confession, prosecutors admitted that Cole also
could not have been involved in the crime and dropped charges against him.
(CFC) [9/05] |
|
Washington County, OR |
Brandon Mayfield |
Mar 11, 2004 |
|
(Federal Case) On March 11,
2004, a number of bombs were detonated on trains in Madrid, Spain, which
killed 191 people and injured about 2000 others, including American
citizens. A bag containing detonation caps was found outside a train
station through which all the bombed trains had left or had passed through.
On March 17, digital images of fingerprints found on the bag were
transmitted to the FBI and run through their AFIS database of fingerprints.
When latent print #17 was run, the database produced 20 possible matches.
FBI Senior Print Examiner Terry Green then manually compared the potential matches and
found a 100% match with the fourth ranked print on the AFIS list. The
FBI has long claimed that fingerprint identification is infallible. A top
FBI fingerprint official had testified to a “zero error rate.”
Read More
by Clicking Here
|
| Yamhill County, OR |
William Branson |
Oct 8, 1915 |
|
William Branson was convicted of
the murder of William Booth. It was alleged that Branson, 23, was
improperly intimate with Mrs. Anna Booth, 32, the victim's wife.
Branson had been seen on numerous occasions some months before the murder
talking to Mrs. Booth as she stood on the front porch of her house in
Willamina while he was on the sidewalk outside of her yard. There were
several witnesses who claimed they saw Branson and Mrs. Booth going in the
direction of the murder location separately (not together) before the time
of the murder.
The victim was
killed with .38 caliber gun and Branson had borrowed a .38 caliber gun from
his uncle for a fishing trip two months before the murder. Branson
said the gun later went missing from his house along with some jewelry.
Witnesses testified the killer wore a black or dark blue jersey with a black
hat, while evidence indicated Branson wore a red sweater and no hat on the
day of the murder. The soil near the victim's body showed the killer
wore hob-nailed shoes while Branson reportedly wore smooth shoes.
In May 1917,
another man, William Riggin, gave a confession to the crime, a confession
that was later fully corroborated. In 1920, Oregon Governor Olcott granted
Branson an unconditional pardon. (Why
Some Men Kill or Murder Mysteries Revealed) (MOJIPCC) [8/09] |
| Yamhill County, OR |
Pamela Sue Reser |
1998 (McMinnville) |
|
Pamela Sue
Reser was
convicted of raping her four small children and sentenced to 116 years in
jail. Her children alleged that she forced them to have sex with her, each
other, and her boyfriends. Apparently, their foster mother put them up to
this, because they all later recanted. Reser was incarcerated for more than
three years before release. (Justice: Denied)
[7/05] |
|