Thursday, August 04, 2005
A transcript of today’s online chat with Bill Moushey, PG staff writer and director of the Innocence Institute of Point Park, about the case of Thomas Doswell, freed this week of a rape conviction by DNA evidence after nearly 20 years in jail.
(Background stories: DNA test clears man after 20 years in jail and DNA testing exonerates Thomas Doswell, who speaks of forgiveness.
pg–fhuysman: Bill Moushey has arrived and is ready to answer your questions about the Thomas Doswell case. Fire away.
TimLyman — Q: Hey Bill! Great job!
PG–Bill Moushey — A: Thanks Tim, did I structure the story right?
TimLyman — Q: I just wanted to tell him and Nathan and everyone at the Innocence Institute congratulations!
PG–Bill Moushey — A: Hope all is well!
Marcus — Q: I wondered why – if a person was innocent – why wait 19 years to have a DNA test done? Is there a part of this puzzle missing ?
PG–Bill Moushey — A: DNA testing did not exist when the crime was committed. Mr. Doswell, in a pro se petition, was two weeks late in filing his petition for testing several years ago, so he needed to overcome the “technicality,” which took several years because the Allegheny County District Attorney’s office fought it.
Shilo — Q: What is the Innocence Institute?
PG–Bill Moushey — A: It is a partnership between Point Park University and the Pittsburgh Post-Gazette in which we train investigative reporters by examining claims of wrongful conviction and prosecutorial misconduct. Below are examples of our work. You can find out more at www.pointpark.edu/innocence about our investigations. Since 2001, the Innocence Institute has completed more than a dozen investigations into possible wrongful convictions. The Pittsburgh Post-Gazette has published articles on the results of those investigations, but space limitations required heavy editing of the stories. The following presents links to the full, unedited investigations, as well as the published versions and subsequent updates on the cases. Eyewitness procedures cause wrongful convictions. Police departments across Pennsylvania are using procedures that lead eyewitnesses to falsely identify innocent people. The Innocence Institute investigated hundreds of cases, including 10 cases that involved bad eyewitness ID.
Marcus — Q: DNA tests have been around for many years.
PG–Bill Moushey — A: Not until after 1987 (this case was in 1986).
Shilo — Q: Bill, what is your background?
PG–Bill Moushey — A: I’ve been an investigative reporter for almost 30 years, winning many awards, including being named a finalist for the Pulitzer Prize in 1997. I graduated from Kent State University (journalism) in 1976 and earned a Master of Science in Criminal Justice Administration from Point Park University in 2005. You can find my work by doing searches at post-gazette.com or simply by doing a “Google” search of my name.
Rabbi–Vogel — Q: Bill, good story, another case of an innocent man spending years behind bars.
PG–Bill Moushey — A: Thanks Rabbi Vogel. I was at hearings regarding Steven Slutzker last week, another case involving a man who claims innocence in a murder. The alibi testimony (which was written about in the PG) was revealing.
Marcus — Q: So a person is barred from having a test done on his own?
PG–Bill Moushey — A: No. But the tests cost about $1,000 per specimen and few inmates have that kind of cash. Money is one of the reasons the government fights them.
MattK — Q: Bill: Thanks for talking with folks today. How easy is for someone convicted of a crime to get DNA evidence checked out?
PG–Bill Moushey — A: It is extremely difficult and costly. Unless a convict can prove that DNA evidence will change the outcome of the case (in advance), courts have routinely denied the request. At the same time, every person who enters the Pennsylvania Department of Corrections submits a DNA sample.
Marcus — Q: 19 years Bill – think about it.
PG–Bill Moushey — A: I think about things like that all the time. The Innocence Institute has written six stories that resulted in cases being reversed. In all of them, the government repeatedly has appealed decisions, causing all of them to remain in prison.
Delta — Q: How does this effect the victims who now must deal with the fact that they helped convict the wrong man?
PG–Bill Moushey — A: The victim in this case has not made any public statement. The banal reality is that if Mr. Doswell did not commit this crime, someone else did and that person remains at large.
MattK — Q: Bill: Is there any momentum for reform on procedures that generated the kind of terrible error that put Tom Doswell in jail?
PG–Bill Moushey — A: There are several reforms (apparently) underway. The Pittsburgh Police Bureau is changing policy, the Allegheny County District Attorney has announced he is studying possible reforms. A state legislator from Philadelphia has submitted a bill to provide compensation for the wrongfully convicted. Proponents of the reforms say much more is needed in this state and elsewhere.
Marcus — Q: Would you sit there 19 years or would you be a little proactive?
PG–Bill Moushey — A: Mr. Doswell was very proactive, but in a system designed to offer “one bite of the apple” to convicted persons, it is extremely difficult to cause convictions to be reversed, or to get courts to pay for evidence after a trial has concluded.
Shilo — Q: What happens now? Will they reopen the case? Does Mr. Doswell have any legal options to fight being wrongfully committed?
PG–Bill Moushey — A: He can sue in federal court (under the 1984 Civil Rights law), which is a longshot at best. The state legislature can offer him a private settlement. Otherwise, there are few options.
MattK — Q: Bill: Is that another element of public interest? In this case and others there is a criminal still on the loose. Do authorities go back and start over?
PG–Bill Moushey — A: That’s correct. I’ve heard authorities might compare the DNA to specimens taken from all convicts to see if a match strikes, but the reality is that as of now, the criminal is still on the loose.
Tim Lyman — Q: Haha, it was perfect! And yes I read all the way to the end! I will make sure I use it as a model for my stuff.
PG–Bill Moushey — A: Got to practice what I preach, right?
Delta — Q: I am very happy for these wrongly convicted men. I have read about programs like these before and I commend all of you.
PG–Bill Moushey — A: Thanks for your kind words. Check out our web site www.pointpark.edu/innocence to see what we’re doing.
Rabbi–Vogel — Q: Do we know why the prosecutor refused to allow a DNA, and should there be some personal liability there?
PG–Bill Moushey — A: There is no personal liability in Pennsylvania (with respect to public servants). The government argued against the test because paperwork was filed long after the case had ended (and outside a time bar).
Ecperry — Q: Has Doswell’s case inspired review of other similar cases in Allegheny County?
PG–Bill Moushey — A: Excellent question, Ecperry! The answer is yes! The Innocence Institute is working on several other cases, including one involving DNA issues.
MattK — Q: Bill: From what you’ve learned in the field so far, what would be the source of resistance to changes in eyewitness testimony technique that would spell more accuracy?
PG–Bill Moushey — A: The resistance comes from ignorance. Most cops who look at the reforms –in Chicago, Denver, and several other places — find them to be worthy.
Harbison — Q: Is anyone looking into the perhaps criminal behavior of the police or prosecutors in this case which resulted in an innocent man going to prison?
PG–Bill Moushey — A: I have only seen a few such cases ever filed. The reality in this one is that police had two eyewitnesses and a forensic “expert” who in the years prior to DNA testing, sort of led the jury to believe Doswell’s specimen’s could match.
Snow — Q: If there was two witnesses how are they both wrong?
PG–Bill Moushey — A: The issue is whether there was so much “suggestibility” that the eyewitness identifications were less than legit. If you recall, the photo of Doswell had a large “R” under it (for rapist), causing the courts (eventually) to rule that it was unduly suggestive.
Cmcd — Q: Why is it not a law to require DNA testing in all cases where DNA may be used to prove innocence?
PG–Bill Moushey — A: There is no such law in Pennsylvania. Ask your legislators.
Harbison — Q: Is anyone looking into the perhaps criminal behavior of the police or prosecutors in this case which resulted in an innocent man going to prison?
PG–Bill Moushey — A: Not that I know of.
Shilo — Q: What other issues does the Institute look at to reopen cases or free wrongly convicted people?
PG–Bill Moushey — A: We did a long series in May on “False eyewitness identifications.” We are presently pursuing a number of “actual innocence” claims and writing a long series on “False Confessions.” Again, check our web site www.pointpark.edu/innocence to see our previous work.
Tim Lyman — Q: Speaking of which Bill, how many students are actually working with you there? Any during the summer months?
PG–Bill Moushey — A: There are only four this summer. I’m looking for a big crowd in the fall. Pass the word around that openings exist.
Shilo — Q: Has the Doswell case been the most personally satisfying case that you have written about in your career?
PG–Bill Moushey — A: No. There are many others I found more satisfying. Among them are my groundbreaking reports on abuses in the federal witness protection program, a series on prosecutorial misconduct in the federal system, and a series of reports I penned that caused the impeachment of a sitting Pennsylvania Supreme Court Justice. But the Doswell story was certainly heart wrenching.
MattK — Q: Bill: Looking back on the original case, even without the benefit of DNA, were there warning signs that this case was off the tracks?
PG–Bill Moushey — A: The eyewitness identification was very questionable. The victim said her attacker had whiskers, Doswell didn’t. She said she smacked him in the face/head with a kitchen instrument, bloodying him. Doswell did not have any marks on his head. He had an alibi, putting him over a mile away, among other things.
Cmcd — Q: How is it possible to suggest that a specimen would match, without actually testing it? How do these “experts,” investigators and prosecutors react when their convictions are overturned?
PG–Bill Moushey — A: The blood tests used prior to DNA testing only suggested whether someone’s blood could be included in a large number of people. In this case, a forensic specialist simply said he was in a group of over 100,000 people who had the same blood characteristics–which the jury apparently agreed with.
Curious — Q: Will Mr. Doswell total record be erased? Will it be as if he was never arrested and served time for this offense?
PG–Bill Moushey — A: The conviction was vacated, but the record stays in the Allegheny County Courthouse unless someone moves to seal it.
Wiseguy — Q: The Innocence Project seems to involve a network of schools. Where did it begin and who else participates, besides your classes at Point Park?
PG–Bill Moushey — A: The Innocence Institute at Point Park was started five years ago. It is the only journalism-only such project in the United States. There are approximately 35 other innocence projects, mostly in law schools, throughout the nation. An Innocence Network is now being formed. You can find a list of all of them at www.pointpark.edu/innocence.
MattK — Q: Bill: You’ve done a lot of interviews. What stood out about Tom Doswell?
PG–Bill Moushey — A: The forgiveness he showed. I told him at the end of the interview that “he was a better man than I,” as I could not forgive anyone who took away 20 years of my life.
Harbison — Q: How can someone access your previous articles and reports that you have written?
PG–Bill Moushey — A: “Google” my name or look me up at www.post-gazette.com or www.pointpark.edu/innocence.
Rabbi–Vogel — Q: I am going to testify in front of the state judiciary committee in November, is it reasonable and would it help the process if there were some form of liability on the part of the prosecutors?
PG–Bill Moushey — A: That would be something prosecutors would fight. The issue of immunity for prosecutors is a longstanding part of state and federal law.
Marcus — Q: The system isn’t that corrupt.
PG–Bill Moushey — A: Before you jump to any conclusions, read the work of the Innocence Institute through its partnership with the Pittsburgh Post-Gazette — www.pointpark.edu/innocence.
D — Q: Congrats on your release… What are job plans?
PG–Bill Moushey — A: I wasn’t released, I’m still a prisoner of journalism. Tommy Doswell was released and I do not believe he has any job plans at the present.
Marcus — Q: no family, friends , ?
PG–Bill Moushey — A: He’s got a huge family and an assortment of friends, who stood behind him all these years.
Marcus — Q: The appeals must have had some merit
PG–Bill Moushey — A: His appeals failed because there was no DNA test and because he filed some of them after the allotted time, causing them to be dismissed on technicalities.
Shilo — Q: Would better legal counsel have helped him? Maybe with filing motions on time, etc?
PG–Bill Moushey — A: Of course, more diligent counsel never hurts. From my view, there is a cause/effect relationship between the amount of money one has and the quality of the legal work. In this case, there was very little money.
Curious — Q: On the morning news, there was a story that the Housing Authority offered Mr. Doswell his old job back.
PG–Bill Moushey — A: I saw that, but have yet to talk with Doswell about it.
Curious — Q: How did he spend his time in prison? Did he get a degree?
PG–Bill Moushey — A: He took college classes, mastered seven musical instruments, worked on his case and, according to him, turned his life over to Jesus Christ.
pg–fhuysman – Our hour is over and I’ll have to stop the questions at this point.
PG–Bill Moushey — A: Thanks for your excellent questions. My first on-line chat was enjoyable. Best wishes.
End of discussion
Published version here.