Thanks to Jane for pointing out the Clarion-Ledger story on the Mississippi Innocence Project’s new focus on Steven Hayne (see previous post). There, we discover:
The [MIP, whose director is Tucker Carrington] wants documents prepared by Hayne, official reports of autopsies conducted by him, and time logs showing his presence in the crime labs.
They’re hoping to produce evidence to support claims Hayne’s flawed work has sent innocent people to prison.
But District Attorney Ben Creekmore, president of the Mississippi Prosecutors Association, said he won’t comply with the request. Creekmore said provisions of the state’s Open Records Law prohibits the release of documents related to criminal enforcement or containing personal information about victims.
“There are families all across the state of Mississippi who would be affected by the wholesale release of information related to the death of their loved ones,” Creekmore said.
Peter Neufeld, co-founder of the Innocence Project, said the public has a right to know how much of Hayne’s work is taking place in state facilities. He said states that receive federal funds for crime labs are required to take specific steps to investigate and prevent negligence and misconduct in those crime labs.
“Today, we are starting the important process of getting to the truth of Steven Hayne’s work, which will allow us to take further action to hold him accountable,” Neufeld said in a news release.
Hayne didn’t return calls for comment. He previously has told The Clarion-Ledger that he is board certified and that his work “has been reviewed by impartial reviewers.” …
Okay, Messrs. Carrington and Creekmore, I hereby offer the two of you an excellent opportunity: a folo thread of your own in which to debate this issue as soon as you like. We can build the opening post via group email with NMC and me as moderators, then I’ll post the result and open the floor for our community’s folo-up questions.
Just let me know if you’re interested, and we’ll set up The First Folo Forum.
I appreciate the offer, and I would be glad to speak with Mr. Creekmore about his current concerns. But I’d prefer to do it face to face. He and I have a good relationship in that way, largely because he has made efforts personally and in his capacity as president of the DA’s association to find common ground with us. To be fair, Mr. Creekmore has been out front on some of these issues, particularly in the Brewer and Brooks cases in Noxubee County. He provided exemplary leadership was the model of prosecutorial ethic. That being said, I disagree with him regarding his decision not to comply with our current FOIA request. Thought it is true that MS has stringent prohibitions regarding the release of certain information pursuant to such requests, we narrowly tailored our requests so that they would not obligate the release of any such sensitive information. We’re looking only for certain, specific information concerning Dr. Hayne. From the timing of Mr. Creekmore’s comment, I’m not sure that he actually had the requests in hand or that the request was correctly characterized to him. Once he is able to take a close look at it, I would be surprised if his objections remain as we made every effort to avoid the very issues he raises.
Thanks for your interest.
Tucker Carrington
Welcome to folo, Tucker, and congratulations to MIP. Having just enjoyed a wonderful phone chat full of reminiscences with Ben, I can report being as impressed with him as you are. Good luck and a productive negotiation to you both.
Please let us know how your work is progressing, okay?
Not trying to speak for Ben, but am quite certain that Ben, in his mind, is simply trying to follow current MS law to the best of his ability. I seriously doubt that Ben is engaged in any sinister plot to prevent any public information flow re questions concerning Hayne. As Mr. Carrington has already pointed out, Ben has been cooperative in past similar efforts, and will likely agree to all the disclosures that he believes that he can under current MS law.
There may indeed be some areas of disclosure that will remain in dispute, due to doubts about the legality of the requests in the mind of Creekmore. Such is the nature of our adversarial justice system. And with regard to those areas of legitimate dispute, a Judge can ultimately make the call. And once decided, Ben will then be insulated from any personal criminal or civil liability for having released such records. When in doubt, it is often best to simply let the Court decide.
The best way to fix any perceived problems in this regard is for the MS legislature to amend the current statutory laws regarding disclosure of public documents, in order to to achieve more openness, eliminate any gray areas, and make it easier to comply with the law without fear of liability.
Just my 02, before anyone gets too fired up in this potential witch hunt.
And BTW, kudos to the MS Innocence Project for the recent good work. I am convinced that what you folks are doing is a great thing for the state of MS, and would like some info (post here?) of how I can contribute some money toward the cause. Keep up the great work.
Dr. Hayne is arrogant and ignorant. In a deposition with my associate last year, he stated that he had not slept in over 60 hours. Experts who reviewed his autopsy report were incredulous after reading his ridiculous findings. He is incompetent.
In case Mr. Carrington is too modest or humble, here’s the link for donations to the MIP. http://www.mississippiinnocence.org/contact.html
I am neither too modest nor too humble. Nor am I — or our organization — too flush with cash to pander. Though our offices are in the law school — indeed I am also a faculty member at the law school and teach in the Innocence Project Clinic — all of our financial support comes from private donations. John Grisham and Wilbur Colom of Columbus have been our biggest supporters. But there are hundreds of others who contribute as well. Donations are tax deductible and because our overhead is virtually non-existent thanks to the University, almost every penny is spent on direct client services. Donations can be made directly to us at our office address, or they can be made to The University of Mississippi Foundation, c/o MS Innocence Project. Thanks in advance for any support you might like to give.
If you are unable to make a financial contribution but would otherwise like to be kept abreast of our work, please contact us at (662) 915-5207, or cj2007@olemiss.edu.
Tucker Carrington
You GO, Tucker Carrington and Innocence Project!
UMATTY, 4
I have had similar suspicions of Haynes. Could you email me a copy of the deposition you are referring to?
Thanks in advance. msbornmsbred@gmail.com
I realize I’m late getting into all of this, but this seems like a situation in which people might like to have their records released. I’m sure I would if a loved one of mine had been examined by Hayne. I’d want to know the truth. Do families get any say in this or will the DA’s just make the choices for them?