2025
February 2025: On Feb. 4, at the American Bar Association’s (“ABA”) 2025 Midyear meeting, the ABA’s House of Delegate unanimously adopts the Massachusetts Bar Association’s (“MBA”) proposed ABA Resolution and Report (401) on conviction integrity, co-sponsored by the ABA’s Criminal Justice Section. The resolution, drafted by Richard Cole, co-chair, for the MBA, of the MBA-convened Massachusetts Conviction Integrity Task Force (“MCITF”), urges state, territorial, and tribal bar associations to convene a working group of key criminal justice stakeholders to promote conviction integrity in their respective jurisdictions by making best practice recommendations for prosecutorial offices to prevent and remedy wrongful convictions and for effectively supporting and expanding the capacity of innocence organizations, conviction integrity units (“CIUs”) and programs and innocence advocacy. The resolution highlights and provides details about a similar model established by the MBA “in bringing a critical focus on preventing and remedying wrongful convictions in Massachusetts over six years.” (Click here to read the MBA’s eJournal article, and its link to read the MBA-Backed ABA Resolution and Report on Conviction Integrity.)
2024
December 2024: The MBA’s House of Delegates, via an electronic vote concluding on Friday, Dec. 13, 2024, votes unanimously (with two abstentions) to endorse the MBA resolution, drafted by Richard Cole, MCITF co-chair, urging the ABA’s House of Delegates to adopt the MBA’s proposed ABA Resolution and Report on conviction integrity at the ABA’s 2025 Midyear Meeting in February 2025. (Click here for the MBA resolution.)
September 2024: On Sept. 26, the Middlesex District Attorney’s Office sponsors an “Orientation Training Program” for its newer assistant district attorneys, videotaped and made available to prosecutors statewide. At the training, Middlesex District Attorney Marian Ryan, MCITF co-chair; Charlotte Whitmore, supervising attorney, Boston College Innocence Program (“BCIP”) (MCITF member); and Sara DeSimone, director, CIU, Middlesex District Attorney’s Office, participate in an engaging panel presentation on conviction integrity and preventing wrongful convictions, moderated by Superior Court Judge Kathe Tuttman (ret.) (MCITF member). For their discussion and analysis, the panel members apply the same fact pattern they used for their panel presentations at the Massachusetts District Attorney Association’s (“MDAA”) Spring 2024 Conference and at the Judicial Conference for state Superior Court judges in November 2022.
September 2024: On Sunday, September 22, MBA members and their families enjoyed the second annual MBA “Fall Festival & Run for Justice” charitable fundraiser along the Charles River in Boston, raising more than $9,000 to support the New England Innocence Project and the Massachusetts Bar Foundation, whose grants help fund civil aid programs in Massachusetts. It featured live music by legal-community-connected artists, free tacos, a Run for Justice - a 2.62-mile “mini-thon” loop around the Charles River, and a scavenger hunt, face painting and a Kids’ Fun Run for the children. Click here to read the eJournal recap of the event.
April 2024: On April 25, MCITF members lead a well-received and well-attended panel presentation at the MDAA’s Spring 2024 Conference for prosecutors statewide, titled, “Conviction Integrity Units Best Practices for A Post-Conviction Collaborative Investigation.” Moderated by Superior Court Judge Kathe Tuttman (ret.), panel members include Middlesex District Attorney Marian Ryan (MCITF co-chair); Charlotte Whitmore, BCIP supervising attorney; and Sara DeSimone, director, CIU, Middlesex District Attorney’s Office. The panel addresses the importance and value of non-adversarial cooperation and collaboration between prosecutors and defense counsel, to the extent practicable, consistent with ethical standards. Charlotte Whitmore also addresses the depth and extent of innocence organizations’ investigative efforts before contacting a prosecutorial office about post-conviction collaboration, discovery or relief.
April 2024: On April 24, MCITF Co-Chair Lisa Kavanaugh, director, Innocence Program, Committee for Public Counsel Services (“CPCS”), leads CPCS’ “Orientation Training” for MBA attorney volunteers for the MBA’s groundbreaking “Innocence Initiative,” launched in January 2024 to expand the capacity of Massachusetts’ three innocence organizations to represent people who maintain they were wrongfully convicted.
February-March 2024: Following the MBA’s January 2024 launch of its groundbreaking “Innocence Initiative,” the MBA successfully enlists volunteer MBA member attorneys with substantial criminal or civil trial experience to assist Massachusetts’ three innocence organizations in evaluating applications for legal assistance, or in their investigations of a post-conviction claim.
January 2024: The MBA presents a “Special Information Session on Volunteering for MBA Innocence Initiative: Promoting Conviction Integrity.” In the webinar moderated by civil rights attorney Richard W. Cole, MCITF co-chair. the Directors of the three Massachusetts innocence organizations; Lisa Kavanaugh, Director, Innocence Program, CPCS and MCITF co-chair; Radha Natarajan, Executive Director of the New England Innocence Project (‘NEIP”); and Sharon Beckman, Director of the BCIP, explain how MBA attorneys can help in one of two ways: (1) assisting CPCS in evaluating applications for legal assistance on post-conviction claims of wrongful conviction, and (2) assisting the innocence organizations in advanced case reviews or investigations of a post-conviction claim. At the webinar’s conclusion, MBA President Damian Turco calls on fellow MBA members to help the three innocence organizations meet their challenge of representing people who maintain they were wrongfully convicted for crimes they did not commit. Click here to watch the OnDemand recording of this program and here to access the volunteer application form.
January 2024: In partnership with the three Massachusetts innocence organizations, the MBA announces the launch of its groundbreaking “Innocence Initiative.” This initiative seeks to recruit MBA member attorneys to volunteer with the innocence organizations to expand their capacity to represent people who maintain they were wrongfully convicted. Click here to read the announcement.
2023
December 2023: The MCITF, consisting of leading Massachusetts criminal justice stakeholders, sponsors a virtual two-part “Prosecutor Training Program“ on racial bias and preventing wrongful convictions for more than 100 trial and appellate prosecutors throughout the Commonwealth. Following introductory remarks by MCITF co-chairs Middlesex District Attorney Marian Ryan and Richard Cole, the program opens with an interactive presentation by Professor Kristin Henning, the Blume Professor of Law at Georgetown Law School, and a leading national expert on racial bias in the criminal justice system, focusing on assessing racial bias in the conviction review and conviction integrity processes and developing practical strategies to counter it. The afternoon session, “Preventing Wrongful Convictions in the Pretrial and Trial Phase of Your Case,”* includes panelists SJC Justice David A. Lowy (now retired); SJC Justice Geraldine S. Hines (ret.); defense attorney Paul Rudof (MCITF member); and Sara DeSimone, Director, CIU, Middlesex District Attorney’s Office. Moderated by Superior Court Judge Kathe Tuttman (ret.) (MCITF member), the panelists provide concrete practical guidance and the legal and ethical rules for prosecutors for preventing wrongful convictions. (*The publicly available portion of the training.)
November 2023: The MCITF publishes a two-page brochure for incarcerated individuals, titled, “What to Know Before Contacting a Conviction Integrity Unit (“CIU”) Without an Attorney.” The brochure describes the purpose of a CIU and identifies the risks of communicating with prosecutorial offices for post-conviction relief without the assistance of counsel, including mistakenly waiving attorney-client privilege. The Boston College Innocence Program, with assistance from Boston College Law School’s Center for Experiential Learning, translates the brochure into the four main non-English languages spoken in Massachusetts: Spanish, Portuguese, Mandarin and Cantonese. With assistance from Prisoners' Legal Services, the MCITF, through the BCIP, distributes the brochure to all Massachusetts prison facilities. Click here to review the brochure in English and here for the translated version.
November 2023: The MBA organizes an instructive panel for the New England Bar Association's (“NEBA”) 2023 annual meeting, titled, "Exonerating the Wrongfully Convicted and How State Bars Can Help." Moderated by MBA President Damian Turco, also President of NEBA, the panel features speakers from various New England states who are committed to the fight against wrongful convictions. Each panelist offers a wealth of experience and a unique perspective on the role of state bars in promoting conviction integrity and in preventing and remedying wrongful convictions. Panelists include Radha Natarajan, Executive Director of NEIP; Rosemary C. Scapicchio, a defense attorney whose work was spotlighted in the 2020 Netflix documentary, “Trial 4;” Richard W. Cole, from the MBA’s Civil Rights and Social Justice Section Council, Michael J. Iacopino, Chair, New Hampshire Criminal Defense Association; and Chad Higgins, Bernstein Shur Law Firm in Portland, Maine.
October 2023: The MBA holds its inaugural “Fall Festival & Run for Justice” charitable fundraiser along the Charles River in Boston, and selects the New England Innocence Project as one of the recipients of the proceeds of more than $15,0000. Click here to read the eJournal recap of this event.
September 2023: The MBA House of Delegates, following a presentation by attorney Richard W. Cole; Lisa Kavanaugh, Director of CPCS’ Innocence Program; and Radha Natarajan, Executive Director of NEIP; unanimously approves a Resolution for the MBA to support the legislative passage of S.1011, H.1752, H.1820; “An Act relative to compensation for victims of wrongful conviction” (all containing the same provisions). In summary, the proposed legislation would: (1) require prompt social service support and financial assistance to eligible exonerees upon release; (2) lower the standard for awarding compensation from clear and convincing to the typical civil standard – of preponderance of the evidence; and (3) remove the one-million-dollar compensation cap, which applies regardless of the number of years person has been wrongfully incarcerated. See Immediate Reentry Needs of Exonerees.
2022
November 2022: The MCITF sponsors a panel presentation for Superior Court judges at the 2022 Massachusetts Superior Court’s Judicial Conference. The panel, “Post-Conviction Collaboration: A behind-the-scenes look at joint requests for relief from defenders and prosecutors,” features Middlesex District Attorney Marian Ryan; BCIP Supervising Attorney Charlotte Whitmore; Ira Gant, CPCS’ Forensic Services Director; and Sara DeSimone, CIU Director, Middlesex District Attorney’s Office. Moderated by Superior Court Judge Kathe Tuttman (ret.), panel members offer their unique perspectives on best practices for seeking post-conviction relief and address the role of judges when presented with a joint motion seeking post-conviction relief. They identify the depth and breadth of the non-adversarial, truth-seeking collaboration between prosecutors and defense counsel in the process, which includes both an independent investigation and an assessment of all the factors related to public safety and the interests of victims.
2021
December 2021: The MCITF provides a virtual “Conviction Integrity Training Program” for Massachusetts prosecutors who are members of a CIU or conviction integrity program in their office. The program highlights best practices and the nuts and bolts in establishing a CIU or conviction integrity program. Presenters include MCITF Co-Chair Lisa Kavanaugh, Director of CPCS’ Innocence Program; MCITF members Becky Michaels, Northwestern District Attorney’s Office; Charlotte Whitmore, BCIP Supervising Attorney; and Marissa Bluestine, Assistant Director, Quattrone Center for the Fair Administration of Justice, University of Pennsylvania Law School (“Quattrone Center”); as well as Sara DeSimone, CIU Director, Middlesex District Attorney’s Office. The presenters address intake considerations, the application and initial review process; adopting standardized forms; data and records collection processes; parameters of an investigation; working with pro se defendants; contact with victims/families; and how prosecutors and defense counsel can collaborate productively in a non-adversarial post-conviction review process.
July 2021: The Massachusetts Conviction Integrity Working Group (“MCIWG”), convened by the MBA in September 2018, reorganizes into the Massachusetts Conviction Integrity Task Force (“MCITF”), to implement the recommendations in the MCIWG’s “Guide to Best Practices for Prosecutorial Offices,” published by the MBA in March 2021. The MCITF includes fifteen leading criminal justice stakeholders, some of whom had been members of the MCIWG. Co-Chairs are Middlesex District Attorney Marian Ryan; Richard W. Cole, for the MBA; and Lisa Kavanaugh, Director of CPCS’ Innocence Program. MCITF members include representatives from the Middlesex, Northwestern and Plymouth County District Attorney’s offices, the Office of Attorney General, the three Massachusetts innocence organizations, Superior Court Associate Justice Kathe Tuttman (ret.), and Marissa Bluestine, Assistant Director of the Quattrone Center; who joins the MCITF after identifying It as a national model for state bar associations to take a leadership role in promoting conviction integrity.
March 2021: The MCIWG, through the MBA, publishes “Conviction Integrity Programs: A Guide to Best Practices for Prosecutorial Offices,” a fifty-three-page guide containing hundreds of detailed best practice recommendations for promoting conviction integrity and preventing wrongful convictions, supported by case law, ethical rules and extensive scholarship. The Guide receives accolades from a broad spectrum of criminal justice stakeholders, and is featured on the website of the Quattrone Center, which provides technical assistance, training and resources to CIUs and innocence organizations nationally. See WBUR News: “Why this Group Wants Every DA Office in Mass. to Have a ‘Conviction Integrity Unit"
March 2021: At a meeting of the Massachusetts District Attorneys Association, Middlesex District Attorney Marian Ryan and NEIP Executive Director Radha Natarajan present the Best Practices Guide to all of the Massachusetts District Attorneys and provide them with two new MCIWG publications: “Conviction Integrity Programs: Goals & Core Elements,” and ”Frequently Asked Questions for Prosecutor Offices About Conviction Integrity Programs.”
September 2018-February 2021: The MCIWG meets monthly for two-and-a-half-years of intensive study and research, including consultation with Directors of the leading Conviction Integrity Units in the U.S., with Barry Scheck, Director of the New York Innocence Project, and with the internationally renowned expert on implicit bias, Dr. Itiel Dror. Working Group members with vastly differing legal perspectives, roles, and backgrounds learn from each other and achieve consensus about best practices for prosecutorial offices in promoting conviction integrity and in preventing and remedying wrongful convictions.
2018
September 2018: The MBA convenes its sixteen-member Massachusetts Conviction Integrity Working Group, co-chaired by Middlesex District Attorney Marian Ryan; civil rights attorney Richard W. Cole, for the MBA; First Assistant Attorney General Mary Strother; and CPCS Supervising Senior Counsel Carolyn McGowan. MCIWG members include Plymouth District Attorney Timothy Cruz; Marty Healy, Chief Legal Counsel and Chief Operating Officer of the MBA; representatives from the Office of Attorney General, from the Middlesex, Northwestern and Plymouth County District Attorney’s offices, the three Massachusetts innocence organizations, including two of their Directors, Sharon Beckman, from the Boston College Innocence Program, and Radha Natarajan, from the New England Innocence Project; and other key criminal justice stakeholders.
May 2018: The Massachusetts Bar Association, through its House of Delegates, unanimously approves a Resolution titled, “Supporting Conviction Integrity Programs in Massachusetts Prosecutorial Offices,” following a presentation by attorneys Richard W. Cole and Kevin Curtin. The Resolution commits the MBA to convene a statewide Conviction Integrity Working Group consisting of leading Massachusetts criminal justice stakeholders, including “representatives of state prosecutorial offices” and the “Massachusetts ‘Innocence Network.’” The purpose of the Working Group is “to study and make recommendations about ‘best practices’ for conviction integrity programs, and about the most effective structure(s) to promote conviction integrity and prevent and remedy wrongful convictions and miscarriages of justice….”