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It is rarer still for justices – usually in the state Supreme Court or appellate court – to reverse convictions because of misconduct. Michael Darnell Harris, now 53, has been behind bars for 33 years on four murder convictions in Detroit, Michigan.
But a new study by Harvard Law School’s Fair Punishment Project shows Southern California ranks high in reversals in which misconduct by a prosecutor played a factor. Leon Cannizzaro refuses to acknowledge either his innocence or the gross misconduct of the police and prosecutors who put him in prison. Harris was convicted of the 1981 murder of 77-year-old Ula Curdy in 1983.
Over the last two years, a scandal involving both has engulfed Orange County, California, exposing systemic violation of defendants’ constitutional rights and calling into question the legality of the prosecution of a number of violent felony cases. In 1982, in Newport News, VA, a young man in a sailor's uniform broke into a local home, beat a man to death, then spent hours raping his wife while their three small children slept in the next room.
What makes the Orange County situation particularly troubling is its eerie similarity to another such scandal that unfolded just miles to the north, in Los Angeles County, starting in the late 1970s, and culminated in an exhaustive grand jury report that detailed widespread misuse and abuse of criminal informants and revealed questionable prosecutorial tactics, potentially in more than 200 cases. Keith Harward was convicted based on bite mark evidence sworn to by two dentists, and his identification by a security guard who police had hypnotized first.