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    Texas Judge Finds Death Row Inmate Melissa Lucio Innocent In Daughter’s Death

    In a court filing, the judge said the conviction of Melissa Lucio, whose scheduled execution in 2022 was halted, should be overturned. The state’s highest criminal court will now decide.A Texas district judge declared that a mother on death row is innocent in the 2007 death of her 2-year-old daughter, according to court documents filed in October but made public this week.The decision in the case now stands with the Texas Court of Criminal Appeals, the state’s highest criminal court, which in 2022 halted a scheduled execution of the mother, Melissa Lucio, to gather more evidence. That included asking the district judge in the original trial, Arturo Nelson, to file an opinion. An execution date has not been rescheduled.Ms. Lucio, 56, who lived in the border city of Harlingen, was sentenced to death in 2008 after her daughter, Mariah Alvarez, died as a result of what prosecutors said was the mother’s physical abuse. Ms. Lucio and her lawyers have long maintained her innocence, arguing that Mariah died from complications after accidentally falling down a flight of stairs. An autopsy said the cause of death was blunt force trauma to the head.Judge Nelson sided with Ms. Lucio in his recent findings, writing that she was “actually innocent; she did not kill her daughter.”He added that, even regardless of that conclusion, Ms. Lucio had a right to have her conviction overturned because the state had used false testimony in her trial and withheld evidence that was favorable to her case. The judge also cited new scientific evidence that was unavailable during her trial.It was unclear on Saturday when the Court of Criminal Appeals would issue its ruling. Vanessa Potkin, one of Ms. Lucio’s lawyers and a special litigation director for the Innocence Project, said it could take a couple of months. Once that court rules, the case could be returned to trial court, at which point a prosecutor would decide if the case should be retried or the charges dismissed.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Members of ‘Central Park 5’ Say Trump Is Too Dangerous for Second Term

    Not long after the rape and beating of a white female jogger in Central Park in 1989, Donald J. Trump took out full-page newspaper ads about the case, calling for the reinstatement of the death penalty.The five Black and Latino teenagers accused in the attack — Korey Wise, Yusef Salaam, Raymond Santana, Kevin Richardson and Antron McCray, known as the Central Park Five — served years in prison before being cleared in 2002 by DNA evidence and the confession of another man.But Mr. Trump has refused to apologize.At the Democratic National Convention in Chicago on Thursday night, four of the five men — who now prefer to be called the Exonerated Five — said that what Mr. Trump did to them was devastating and proves that he is too callous and dangerous to serve a second term as president.The men, excluding Mr. McCray, who was not present, offered vigorous endorsements of Vice President Kamala Harris and her running mate, the governor of Minnesota, Tim Walz.Mr. Wise, who served more than 13 years in prison, the longest term among the group, told the convention crowd that the men’s youth had been stolen from them and they faced the screams of adults as they entered court each day because of Mr. Trump’s actions.“He called us animals. He spent $85,000 on a full-page ad in The New York Times calling for our execution,” Mr. Wise said. “We were innocent kids, but we served a total of 41 years in prison.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Read the Ruling by the Virginia Court of Appeals

    Safeguards in the Twenty-First Century, 2006 Wis. L. Rev. 479, 514 (2006); Gisli H. Gudjonsson, The
    Science-Based Pathways to Understanding False Confessions and Wrongful Convictions, 12 Frontiers
    Psychol. Feb. 2021. Further, Grimm presents a report from Dr. Richard Leo, Ph.D., J.D. Dr. Leo is a subject
    matter expert in false confessions and reviewed both the content and context of Grimm’s confession.
    DECISIONAL STANDARD
    “A person seeking a writ of actual innocence faces a daunting task; the process begins not with a
    presumption that a petitioner is innocent, but rather, that he or she is guilty.” Haas v. Commonwealth, 74
    Va. App. 586, 624 (2022); see also Tyler v. Commonwealth, 73 Va. App. 445, 459 (2021) (recognizing that
    this Court begins “with the presumption that [petitioner]’s conviction, the result of a full criminal trial that
    has been affirmed on direct appeal, is correct”). “Because the petition is filed with us in the first instance, we
    are not reviewing a judgment below in the traditional appellate sense, and consequently, there is no appellate
    standard of review to apply.” Tyler, 73 Va. App. at 458. “Rather, actual innocence petitions ‘present[] one of
    the rare situations in which the General Assembly has charged an appellate court with engaging in factual
    222
    evaluation.” Id. (alteration in original) (quoting Dennis v. Commonwealth, 297 Va. 104, 127 (2019)).
    Therefore, “[s]itting ‘as a court of original jurisdiction[,]’ we have ‘the same authority to weigh and
    evaluate documentary and physical evidence as a trial court would have.” Id. at 458-59 (second alteration in
    999
    original) (quoting Haas v. Commonwealth, 283 Va. 284, 292 (2019)). In exercising such jurisdiction, this
    Court must consider “the record of any trial or appellate court action,” Code § 19.2-327.11(D), and “the
    petition, the response by the Commonwealth, previous records of the case, the record of any hearing held
    under this chapter, and, if applicable, any findings certified from the circuit court pursuant to an order issued
    under this chapter[.]” Code § 19.2-327.13. The purpose of this review is “to allow us to perform the fact-
    finding function the General Assembly assigned us in the statutory scheme-determining whether the
    petitioner has produced sufficient new evidence to establish the statutory requirements to the requisite level of
    proof to warrant overturning a presumptively valid conviction.” Tyler, 73 Va. App. at 459.
    – 11 – More

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    A Black Teenager Was Wrongfully Executed in 1931. Now His Family Is Suing.

    Alexander McClay Williams was 16 when he was executed in Pennsylvania for the murder of a 34-year-old white woman. His conviction was overturned in 2022.On June 8, 1931, Alexander McClay Williams, a 16-year-old Black student, was executed by electric chair, the youngest person to be put to death in Pennsylvania history.Months earlier, Alexander had been convicted of murdering a 34-year-old white woman, Vida Robare, a matron at the reform school outside Philadelphia that Williams attended.There were no witnesses to the murder, and evidence that might have cleared Alexander was kept from the jury by prosecutors. For almost four decades, Sam Lemon, a great-grandson of William Ridley, Alexander’s lawyer, worked to reveal that Williams had not committed the crime, and was the victim of gross prosecutorial misconduct by Delaware County, Pa.A judge overturned the conviction in 2022 and granted a motion for a retrial. Jack Stollsteimer, the Delaware County district attorney, moved to dismiss the charges posthumously, acknowledging yet another example of a Black person being wrongfully convicted of a crime they hadn’t committed.On Friday, Alexander’s family filed a federal lawsuit in the District Court for the Eastern District of Pennsylvania against Delaware County, as well as the estates of the detectives and prosecutors on the case, calling their conduct “outrageous, malicious, wanton, willful, reckless and intentionally designed to inflict harm.”“They murdered my brother. That’s what they did,” Susie Carter, Alexander’s 94-year-old sister, said in an interview on Monday. Ms. Carter, along with two of Alexander’s nieces, Osceola Carter and Osceola Perdue, are listed as plaintiffs in the lawsuit.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Philadelphia Man Is Freed After 34 Years in Prison

    Police had hidden evidence showing that Ronald Johnson did not participate in the crime he was convicted of, his lawyer said.Ronald Johnson, who had spent more than three decades behind bars, was freed on Monday after a Philadelphia judge vacated his sentence and reversed his conviction, officials said.Judge Scott DiClaudio granted Mr. Johnson’s bid for post-conviction relief by doing so. Prosecutors informed the court that they would not pursue a new trial and moved to dismiss all charges, which the judge granted.That, his lawyer, Jennifer Merrigan, said, meant Mr. Johnson was a free man.“There’s no way that they could retry him because there is absolutely no evidence against him,” Ms. Merrigan said in an interview on Tuesday.Mr. Johnson, 61, had served 34 years after he was convicted of the 1990 murder of Joseph Goldsby. The conviction had been based “solely on the false testimony of two witnesses,” the nonprofit public interest law firm Phillips Black, which advises incarcerated individuals, said in a statement.The police had hidden evidence showing that Mr. Johnson did not participate in the crime, Ms. Merrigan said. She pointed to two witnesses who had given statements to the police after being interviewed multiple times, in which they said Mr. Johnson wasn’t present, and “actually identified a different person.”“The police then hid that evidence, and so when he went to trial, the jury heard from two witnesses who said that he was there. But he and his lawyers did not know that these witnesses had given many other statements,” she said.Ms. Merrigan said that “this kind of police misconduct has happened a lot in Philadelphia, and a lot around the country.”“It is really unfair both to the people who get convicted and lose many years of their lives, but also to the victims, who don’t learn what really happened to their loved one,” she said.After a Philadelphia judge vacated his sentence and reversed his conviction on Monday, Ronald Johnson hugged his son, Ronald Johnson Jr., left. His sister, Marian Johnson, is at right.Marg MaguireMr. Johnson, who had maintained his innocence throughout his years behind bars, said he had spent the first 24 hours of his newfound freedom taking a bath, shopping for clothes and getting a driver’s license. He enjoyed a big meal with his family, with rib-eye steak, shrimp and steak fries.“I’m starting a new chapter, and I’m not rushing in,” Mr. Johnson said in an interview on Tuesday, noting that “these long years, they’ve been rough.”“You might just cry at night,” he said, but “the next day you just got to pick yourself back up.”Mr. Johnson, who will turn 62 this summer, said he thinks he’s “going to have two birthdays now.”“The day I got out, and my regular birthday,” he said. “I think I’m going to celebrate them two days the rest of my life.” More

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    A Century Later, 17 Wrongly Executed Black Soldiers Are Honored at Gravesites

    More than a century ago, 110 Black soldiers were convicted of murder, mutiny and other crimes at three military trials held at Fort Sam Houston in San Antonio. Nineteen were hanged, including 13 on a single day, Dec. 11, 1917, in the largest mass execution of American soldiers by the Army.The soldiers’ families spent decades fighting to show that the men had been betrayed by the military. In November, they won a measure of justice when the Army secretary, Christine E. Wormuth, overturned the convictions and acknowledged that the soldiers “were wrongly treated because of their race and were not given fair trials.”On Thursday, several descendants of the soldiers gathered at Fort Sam Houston National Cemetery as the Department of Veterans Affairs dedicated new headstones for 17 of the executed servicemen.Just before he was executed, Private Hawkins wrote a letter to his parents, telling them: “Although I am not guilty of the crime that I’m accused of Mother, it’s God’s will that I go now and in this way.”Michael A. McCoy for The New York TimesThe new headstones acknowledge each soldier’s rank, unit and home state — a simple honor accorded to every other veteran buried in the cemetery. They replaced the previous headstones that noted only their name and date of death.(The families of the other two who were hanged reclaimed their remains for private burial.)The headstones were unveiled after an honor guard fired a three-volley rifle salute, a bugler played “Taps” and officials presented the descendants with folded American flags and certificates declaring that the executed soldiers had been honorably discharged.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Man Wrongfully Imprisoned for 37 Years to Receive $14 Million From City of Tampa

    Robert DuBoise, 59, was sentenced to death after being wrongfully convicted in a 1983 murder and rape. He sued after his conviction was overturned and reached a settlement with the city on Thursday.A man who spent 37 years in prison after being wrongfully convicted in the 1983 rape and murder of a woman in Tampa, Fla., will receive $14 million in a settlement with the City of Tampa, it said Thursday.The man, Robert DuBoise, 59, was just 18 when he was arrested in connection with the killing of Barbara Grams, 19, who was beaten to death and whose body was discovered behind a dental office on the north side of the city on Aug. 19, 1983.Mr. DuBoise was convicted of first-degree murder and attempted sexual battery in 1985 following a one-week trial in which a jailhouse informant claimed he was guilty, and prosecutors argued that Mr. DuBoise’s teeth matched what they described as a bite mark on the victim’s cheek. He was initially sentenced to death, but three years later, the Florida Supreme Court changed that sentence to life in prison.In August 2020, Mr. DuBoise was freed after new DNA evidence came to light that exonerated him and implicated two other men who were later charged in the killing. The next year, Mr. DuBoise filed a federal lawsuit against the City of Tampa, four former police officers and the forensic odontologist who had testified against him.On Thursday, the Tampa City Council unanimously approved the settlement, which is to be paid in three installments over three years.“I’m just grateful,” Mr. DuBoise said in an interview Thursday, adding that he hoped his case could serve as an example for others who had been wrongfully convicted. He said he hoped that “they get justice and can move on without having to spend the rest of their life fighting the system that has already wronged them.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Matt Damon Joins Fight Over Upper West Side Church

    The actor will appear in performances meant to benefit a group that wants to save West Park Presbyterian Church on the Upper West Side from demolition.Good morning. It’s Wednesday. Today we’ll look at how a campaign to save a church from demolition — despite church leaders wanting the building torn down — lined up the actor Matt Damon for a fund-raiser.Julia Nikhinson/Associated PressHow do you get a star like Matt Damon to appear in a benefit performance of a play in a church on the Upper West Side?“You ask him,” said Kenneth Lonergan, who wrote the play in question, “This Is Our Youth.”Damon will appear in a performance of “This Is Our Youth” on Nov. 16. The show is a fund-raiser for the Center at West Park, which leases the West Park Presbyterian Church, on West 86th Street at Amsterdam Avenue. Tickets start at $500. The top price for a second performance, on Nov. 17, will be $250, and there will be no fixed admission for some seats; those who attend can pay what they wish.Damon is the latest celebrity to support the center and its campaign, against the congregation’s wishes, to prevent the demolition of the Romanesque Revival-style church. The actors Mark Ruffalo and Wendell Pierce; the comedian Amy Schumer; and the rapper and actor Common have also gotten involved in the cause.Together, they are lending their boldface names to an effort to raise money for the center, including to make repairs to the building that are necessary so that the scaffolding and sidewalk shed that have long covered the property can be removed.Debby Hirshman, the center’s executive director, said the goal was to bring in more than $300,000 from the “This Is Our Youth” performances. That would be in addition to a new capital campaign meant to raise $2 million for repairs to the building — a sum that opponents of demolition say would cover the cost of work outlined in a recent report by an engineering consultant for the city’s Landmarks Preservation Commission.A spokeswoman for the church challenged that analysis, calling it “a Band-Aid solution” that would not pay for interior work that is needed to satisfy fire safety rules and accessibility regulations, just as a lawyer for the center disputed a financial analysis done for the landmarks commission.That document said the building, in the hands of an owner other than the congregation, could not earn a reasonable return. Hirshman said she had met with church officials last summer and had offered to make the church “financially whole” if it withdrew a hardship application it filed with the landmarks commission last year.The application was a first step toward demolishing the building as part of a real estate deal that would give the congregation space in what would be a new apartment building on the site. The church — which was designated a city landmark, over the congregation’s objections, in 2010 — stands to receive $30 million from a developer it signed a binding contract with in 2022.Hirshman said church leaders had rejected her proposal.The center had offered earlier to buy the building; a spokesman for the church said that “none of the offers have been feasible or realistic, given the cost of repairs.” The spokeswoman also questioned the center’s “ongoing inability to raise sufficient funds” to pay for repairs.The landmarks commission has not scheduled a vote on the church’s application.As for Damon’s appearances in “This Is Our Youth” next week, Lonergan turned to him because Josh Hamilton, who had appeared in the original Off Broadway production, was unavailable. The rest of the cast was already set — Ruffalo, reprising his breakout role from 1996, and Missy Yager, along with the director Mark Brokaw. Ruffalo became involved with the center last year and even buttonholed Mayor Eric Adams at the Tribeca Film Festival to argue for saving the building.It helped that Damon and Lonergan knew each other, and that Damon knew the play: He appeared in a London production of it for two months in 2002.“I explained the situation to him and immediately he said, ‘I’m in,’ which is what I thought he would say if he was available,” Lonergan said, “and as a matter of fact, he had an apartment one block away from the church for a year or two, maybe. This is going back a ways.” He said Damon wanted to “keep what’s special about the neighborhood special.”WeatherEnjoy a mostly sunny sky today with high temperatures around the low 50s. In the evening, prepare for a chance of rain and temps near the high 40s.ALTERNATE-SIDE PARKINGIn effect until Friday (Veterans Day).The latest New York newsFlaco perching inside an East Village sculpture garden on Monday. His life on the loose could be entering a dangerous new phase.Jacqueline EmeryLocal newsFeathered fugitive: Flaco the Eurasian eagle-owl, whose escape from the Central Park Zoo captured the public’s attention, turned up in Manhattan’s East Village, about five miles from the wooded park area he had settled into since flying free nine months ago.Code of conduct: New Yorkers are reacquainting themselves with the unofficial subway rules — no eye contact; no stinky food — as the city rebounds from the Covid-19 pandemic.Sunny-day flooding: As high tide floods increase in some parts of the city, residents are asking themselves: When does a place become unlivable?ICYMI: Trump’s testimonyTakeaways: Former President Donald J. Trump took the witness stand in a Manhattan courtroom on Monday as he tried to preserve the business empire that made him famous. Here’s what we learned.Understanding Trump’s defense: Christopher M. Kise and Alina Habba, the two lawyers who joined the former president at the defense table, represent different aspects of what their client seeks in a defender.In South Brooklyn, a Democrat defeats an ex-DemocratAnna Watts for The New York TimesDemocrats held onto a City Council seat in Brooklyn that had shown signs of drifting away. Justin Brannan, a Democrat who is the Council’s powerful finance chairman, defeated his Republican opponent, Ari Kagan, according to The Associated Press.Both are sitting Council members who found themselves facing off in the same district because of redistricting. Kagan, a former radio and television host from Belarus who was elected as a Democrat in 2021, switched parties last year.On Tuesday, Brannan called his victory a triumph over “toxic tribalism” and promised to serve all constituents, regardless of their political affiliations.In another Brooklyn district, created to amplify the voices of Asian voters, the Democrat, Susan Zhuang, defeated Ying Tan, the Republican. Both candidates built their campaigns around the issues of crime, education and the quality of New York City life.Elsewhere in the city, many Democrats ran unopposed, including Yusef Salaam, one of the so-called Central Park Five defendants, Black and Latino men who were exonerated in 2002 in the rape and assault of a female jogger in Central Park 13 years earlier. He won a contested primary in Harlem this past summer.As Salaam prepared to give his victory speech on Tuesday, my colleague Jeffery C. Mays noted, it was not lost on him that former President Trump was facing multiple criminal trials. Trump had called for the reinstatement of the death penalty after Salaam’s arrest.“Karma is real, and we have to remember that,” Salaam said.METROPOLITAN diaryJob at Macy’sDear Diary:One thing I always wanted to do was work at Macy’s in New York City. I got the opportunity when things slowed down at my actual job and management asked for volunteers to take unpaid time off.I took a month, and my husband and I went to New York City. We found a short-term apartment and I applied for a job at Macy’s during the Christmas season. I did not say I only planned to work there a month.I was in my 50s at the time and I started working with a group of men and women who were much younger.I spent my first day learning how to operate the cash register and where everything in the store was. It was so exciting.When it was time for lunch, some of the younger women asked me to go to lunch with them at McDonald’s. Wow. Of course I went. They mostly spoke Spanish. I didn’t understand them, but I didn’t care.I couldn’t have been any more excited when the day was over and I clocked out and headed to the door. Outside, the young women yelled out to me: Come on, Alice. It’s this way to the subway.They wanted me to come with them, but I just said no, thank you. I lived right across the street.— Alice RedmondIllustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here.Glad we could get together here. See you tomorrow. — J.B.P.S. Here’s today’s Mini Crossword and Spelling Bee. You can find all our puzzles here.Kellina Moore and Ed Shanahan contributed to New York Today. You can reach the team at nytoday@nytimes.com.Sign up here to get this newsletter in your inbox. More