After Newton’s exoneration in July, the Innocence Project contacted Police Commissioner Raymond Kelly to formally ask for help in retrieving evidence for the number (now 19) of decades-old cases it plans to reopen, plus six other potential wrongful conviction cases the Project is currently investigating. “They indicated a willingness to look into these cases, which is a phenomenal first step. But it’s equally important that we take advantage of the moment to make systemic changes,” Potkin said.
“The hearings are a procedure to learn what the policies are. It’s an indication that people are recognizing that this is a serious problem,” she said.
Elisa Koenderman, the senior Bronx prosecutor in the sex crimes division whose aggressive efforts to secure the evidence in Newton’s case led to his freedom, argues that the criminal justice system must stay open, vigilant and flexible enough to verify claims of innocence. “The message in general throughout the process is to always leave no stone unturned,” Koenderman said. But such efforts will continue to be hampered, advocates argue, until there’s a complete overhaul of storage procedures at facilities like Pearson Place, including adding barcodes to old evidence and revamping the inventory system.
“It’s hard to move forward because we don’t know what the scope of the problem is,” says Potkin. “We all have a shared interest in this. There are district attorneys, who are trying to prosecute old cases, and there’s also the real possibility that innocent people may die in prison unless we fix what is a very chaotic system.”
