New York; (October 21,2009) Joined by Civil Rights advocates, Sen. Eric T. Scheneiderman (D-Manhattan/Bronx) and Assm. Hakeem Jeffries (D-Brooklyn) today unveiled legislation to help exornerate innocent people who are wrongfully convicted in cases that lack DNA evidence. The "Actual Innocence Act of 2009" establishes "actual innocence" as a lawful basis for vacating a prior conviction and removes certain roadblocks that can prevent the wrongfully convicted from presenting proof that conclusively establishes their innocence.

"New York is behind the curve when it comes to giving the courts an opportunity to reverse wrongful convictions in non-DNA cases. Experts have proven that DNA exonerations represent only a small fraction of all wrongful convictions, that's why innocence claims must be fully and fairly aired," said sponsor Sen. Eric T. Scheiderman, Chair of the Senate Codes Committee and member of Chief Justice Lippman's task force on wrongful convictions. "This 'actual inocence' legislation is about justice and fairness - it ensures that innocent people don't spend decades behind bars while the real criminals go free."

For wrongfully convicted individuals in these non-DNA cases - even when new evidence comes to light - New York State law offers only limited hope for relief by establishing procedural obstacles that can deprive them of having an innocence claim thoroughly heard. The tragic result - as demonstrated in hundreds of DNA exoneration cases throughout the country - is that an innocent person can spend years in jail while the real perpetrator is free to commit more crimes and terrorize countless victims.

"In many cases, those convicted of serious crimes do not have access to attorneys with the experience and expertise to help prove their innocence. This legislation levels the playing field and will ensure that in non-DNA cases, the wrongfully convicted will have a greater opportunity to prove that they were actually innocent," said Assm. Hakeem Jeffries, the bill's Assembly sponsor.

The Scheiderman/Jeffries bill (S.6234) creates a freestanding ground of "actual innocence" upon which a criminal court could grant a post-conviction motion to vacate its prior judgement of conviction. The motion can be granted only where a defendent is able to present "reliable and relevant" proof that "conclusively establishes" the defendant's actual innocence of the crime os which he or she was convicted.

To ensure that a defendent cannot benefit from prior inaction or delay aimed at "gaming" the system, the bill would specifically permit the court to deny relief where it determines that the defendent's failure to act was intentional.

"Prolonged and unnecessary incarceration of the innocent is detrimental to all - the wrongfully incarcerated, society, the criminal justice system and the victim. I can only hope that the proposed legislation ensures the others wrongly incarcerated like me, never have to suffer like I did in securing their freedom through the criminal justice system," said Marty Tankleff, who was wrongfully convicted for murder of his parents based on false confession.

"New York State's criminal justice system, like many other states,' has too often stressed the 'criminal' more than the 'justice,' sometimes resulting in innocent people being convicted and incarcerated. But, new tools are available to prove the innocence of the wrongly convicted, and I am proud to co-sponsor this legislation which will make them more fully available in New York State," said Sen. Velmanette Montgomery (D-Manhattan). "If the bill provides for the exoneration of just one person it will be worth it."