HOUSTON - After a forensic psychologist was banned this month from making retardation evaluations in Texas courts, defense attorneys hoped to reopen past convictions that used his now-discredited testimony. But with courts extremely wary of revisiting any closed case, it may take legislative action to force them to bend to scientific consensus.

Current law allows for re-reviewing cases when DNA evidence might change the outcome. Kathryn Kase, a death-penalty lawyer who directs the Trial Project at the Texas Defender Service, supports legislation that would apply to additional types of evidence.

"We need to extend the law, so that changes in science, or the practice of shoddy science, allows a person to go back and seek re-testing and re-review."

A bill pending in the state House goes half-way, says Kase, who wants it amended to not only incorporate current science, but also the problem of "junk science."

The banned psychologist, George Denkowski, provided testimony that helped convict at least 14 prisoners on death row, who he claimed had normal intelligence. Kase is convinced that at least some of them are, in fact, mentally retarded. Executing the mentally retarded has been forbidden since a U.S. Supreme Court ruling in 2002.

Kase says, in matters of life and death, there's no room for casual, sloppy, or fraudulent science.

"If I went to a doctor and got tested to find out if I had cancer, and then I later found out that that doctor wasn't doing the cancer tests at all, would I go back to another doctor and get retested? You bet I would!"

Peer reviews said Denkowski, in effect, made up his own criteria, including inflating some IQ scores because traditional testing supposedly didn't account for culture, lifestyle, and race. Denkowski agreed to abandon his courtroom practice in a settlement that stated his violations could not be used as the basis for re-litigating other criminal cases for which he'd served as an expert.


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A large percentage of Missourians who could to have their criminal records "expunged" have not done so, despite the effects expungement -- referred to as "clean slate" -- can have on earnings and opportunities.

Missouri House Bill 352 would make the expungement process automatic for eligible individuals.

Lindsey Baker, research director for the Missouri Budget Project, stressed expungement already exists, and making it automatic would not change the type of qualified offenses.

"Folks who are eligible, for the most part, are going to be folks with lower-level, nonviolent offenses," Baker pointed out. "Violent crimes, higher level offenses, are not eligible for expungement."

Baker explained once records are expunged, they do not appear on public records but are still available to law enforcement.

Research shows the average annual wage increase for those who have their record expunged is more than $4,000. A Missouri Budget Project report estimates this could lead to an additional $2.9 billion in economic activity for the state.

Opponents believe potential employers and others have the right to know a person's criminal history, and some fear it increases the chance a person will commit another crime. Currently, 10 states have clean-slate laws in place, including Oklahoma, and others have legislation pending.

Baker noted many individuals whose records are not expunged struggle to get hired at all, leading to high rates of unemployment.

"For those who are able to secure employment, often they're prevented from reaching their full earning potential because they may only be able to get hired in those fields with lower wages and lower benefits," Baker emphasized.

The Missouri Budget Project's report showed the percentage Missourians' wages would increase after expungement would vary, with women experiencing the highest increase of roughly 30%, compared with 17% for men. For Black Missourians, the increase would be an estimated 25%, compared with 18% for white Missourians.

Baker added the 2022 changes in the state's marijuana laws contribute to it being the perfect time for enacting Clean Slate.

"What really makes sense about this is that we already are putting together an automatic expungement system for marijuana here in Missouri," Baker remarked. "The courts are already going to have to do this."

In 2021, more than 500,000 Missourians were eligible to have their records expunged, but fewer than 1% of them did so. House Bill 352 was introduced by Rep. Phil Christofanelli, R-St. Peters.

California will soon become the first state in the nation to offer health insurance to income-eligible individuals who are incarcerated - starting 90 days prior to their release. The feds just agreed to match funds spent on Medi-Cal or CHIP for people leaving jail, prison or juvenile correctional facilities.

Hagar Dickman, senior attorney at the nonprofit Justice in Aging, said it is in everyone's interest to set justice-involved people up for success.

"The idea is to ensure that people are connected with services prior to their release, and individuals with mental-health needs and substance-abuse disorder also can have their medication given to them prior to the release," Dickman said.

Previously the feds would only reimburse the state's Medi-Cal expenses for people upon their release. In addition, the state passed a law last fall put people's Medi-Cal into suspension instead of terminating it while incarcerated. Now their status will be reactivated without them having to reapply.

This is not just a health initiative, it's an equity initiative - since a disproportionate number of people of color face incarceration, Dickman said. And it puts people on stronger footing as they re-enter society.

"This is really an important way to combat the significant effects of mental illness, mental health issues, and substance abuse in the jails particularly in light of both high rates of homelessness and also suicide and overdose as people are released," she said.

The move is part of the larger project called Cal AIM
which will modernize Medi-Cal - and allow it to cover things like housing supports, since secure housing is considered a social determinant of health.

The Louisville Metro Police Department engaged in patterns of conduct which violated people's civil rights, said a U.S. Department of Justice report released Wednesday.

The result of a nearly two-year long investigation, the document outlines repeated excessive use of force and unlawful search warrants.

Corey Shapiro, legal director for the ACLU of Kentucky, said for years officers have targeted Black people for minor offenses such as wide turns and broken taillights, while serious crimes such as sexual assault and homicide went unsolved. He pointed out officers videotaped themselves throwing drinks at pedestrians from their cars, insulted people with disabilities, and called Black people "monkeys," "animal" and "boy."

"The style of policing that LMPD engaged in was very aggressive, very targeted against Black people, and also against vulnerable people like those with disabilities," Shapiro stated.

The report also highlighted the city's flawed accountability system for addressing misconduct by its officers. Since the 2020 shooting death of Breonna Taylor by police, the city has implemented some reforms, including banning no-knock search warrants.

Shapiro note it is likely the city will enter into a consent decree with the Justice Department, requiring the police department to make legally enforceable changes. He believes city officials also need to reckon with the affected communities and involve them directly in the solution-building process.

"The Black community, which has been harmed and essentially terrorized for years, the city needs to look to them and find out what are the solutions that they want," Shapiro urged.

The Louisville Metro Police Department report is one of eight investigations into law enforcement agencies opened by the Justice Department's Civil Rights Division, including the Minneapolis Police Department, the Phoenix Police Department, and the Louisiana State Police.


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