Articles Tagged with Innocence

Have a look at David Leonhardt’s recent NY Times newsletter, which posits that executive clemency is a critical component of our current criminal justice system. The newsletter came in the wake of scathing criticism of Pres. Trump’s use of clemency to help his political friends.

Approximately two million Americans are  behind bars, giving the United States one of the highest incarceration rates in the world. High rates of imprisonment are due to extraordinarily long sentences, even for nonviolent crimes; arbitrary systems of parole; and wrongful convictions. Clemency can help.

Leonhardt cites as a prime example of the positive power of clemency one of our cases, that of Felipe Rodriguez. Felipe was freed in January 2017 after we teamed up with the Innocence Project to petition Gov. Andrew Cuomo for his release via a commutation of his sentence (clemency comes in two flavors: a pardon erases the conviction as though it never happened; a commutation reduces the person’s sentence). Felipe always maintained his innocence and the governor freed him in part because of serious questions about the integrity of his conviction, and in part because of his phenomenal prison record, which included construction projects, editing a newsletter, and counseling serial killers.

In the best spirit of the holiday season, Governor Cuomo announced today that he granted executive clemency to Felipe Rodriguez based on a petition filed by the Law Office of Zachary Margulis-Ohnuma and the Innocence Project. Felipe is a remarkable client. The end to his incarceration brings joy not only to his lawyers — Nina Morrison of the Innocence Project and Zachary Margulis-Ohnuma — but also to the many people he has touched in and out of prison. What makes the commutation even more remarkable is that he was convicted of an incredibly heinous crime: the stabbing murder of a young mother, whose body was found dumped in a parking lot in Queens in 1987. But the trial evidence was weak. The Innocence Project has been fighting to prove Felipe’s innocence for years. Last year, IP brought in the Law Office of Zachary Margulis-Ohnuma to continue and expand the investigation. In short, the only real accuser at trial claimed that Felipe borrowed his car to commit the murder, but had previously accused someone else of the exact same crime, then turned on Felipe instead after pressure from the police. In the meantime, the accuser was caught on tape saying his car could not have been used in the crime in any event. The jury never heard (or learned about) the tape.

Felipe’s prison record is extraordinary. As described by Governor Cuomo’s office: “While incarcerated, Rodriguez has excelled as a devoted leader of the Catholic faith, leading worship and bible study groups as well as contributing to facility Catholic newsletters.” Felipe arranged for a visit to the prison from Cardinal Timothy Dolan, the Archbishop of New York. He counseled the notorious upstate New York serial killer, Artie Shawcross, to repent before his death in 2008. As the governor noted, while in prison Felipe studied “masonry, television and radio repair, and barbering, as well as HIV/AIDS counseling, receiving marks of high praise from his instructors in all courses.” The petition filed for Felipe also highlighted his skills as a carpenter and handyman: it was noted that he was trusted with caustic chemicals, renovated the rectory in one prison, and revamped the plumbing system in another. His prison record is devoid of violence. Efforts to fully exonerate Felipe Rodriguez will continue as he and his family savor his freedom.

For a profile of Felipe Rodriguez and his son on Channel 7 Eyewitness News, click here.

 

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