Unraveling the Wrongful Conviction by Grothaus, Daniel;

Short description:

This book lays out the author’s proven approach to investigating and assessing a defendant’s claim of innocence whether pre-trial, or post-conviction.

Long description:

This book lays out the author’s proven approach to investigating and assessing a defendant’s claim of innocence whether pre-trial or post-conviction. The author weaves his 35 years of experience into a simple step-by-step process, showing the reader how to objectively investigate a wrongful conviction. He uses his case histories to describe an alternative to the “trial and error” methods so often used. As a result, this book offers a methodical and repeatable approach to assessing and investigating a defendant’s claim of innocence. The book refers to the actual investigations, which led to dozens of exonerations, prison releases, acquittals, and dismissed charges in Murder I cases.

Claims of innocence may be common, but knowledge of an objective way to assess those claims is hardly universal. This book was written for the classroom and the field. It is essential reading for the student, the Innocence Project volunteer, practitioner, or anyone interested in correcting a wrongful conviction or avoiding the next false conviction.

Special Offer for Adopters! Delve more deeply into the fact-finder’s role by featuring expert Dan Grothaus in a virtual presentation to your class. Grothaus offers a gratis 45-minute zoom presentation to any class of students using this book in their curriculum. The opportunity could be used by the class to ask questions or discuss any aspect of the book. It is possible the zoom might include an exoneree drop-in. Queries may be made directly to the author at: djgrothaus@gmail.com

“Dan Grothaus is the investigator who convinced me that trained journalists make the best criminal case investigators. I have worked with him in several exoneration cases, and he brings an investigative reporter’s curiosity, research, interview skills, and human compassion to the work. I still use his “Murder Memo” approach when I teach law students how to organize data in a criminal case file.  The excerpts of his book that I read are well written and reminiscent of my experiences working with Dan. I teach a law school course on Fundamentals of Investigation, and I teach law school clinics. This book will be a valuable resource for clinical instructors whose work involves investigation of any kind, including civil, criminal, or family law clinics.”

Sean D. O’Brien, Curator’s Distinguished Professor, UMKC School of Law

“The author, Dan Grothaus, is unquestionably one of the nation’s leading post-conviction investigators of wrongful convictions. I know this first-hand because I have worked with Dan on a few such projects. He is equally adept at spotting a convicted innocent person through a thorough evaluation of the case’s usually voluminous historical record; then constructing an investigative plan from scratch from that record; and finally putting into action that plan by conducting a successful investigation that in the end produces the desired result—the unearthing of new evidence that will be instrumental in freeing the falsely imprisoned inmate.  His book, “Unravelling the Wrongful Conviction”, which spells out step-by-step how to undo the Gordian knot of a false conviction is a ground-breaking classic which should be at the ready by all those investigators, lay or professional, and lawyers alike, who are engaged in such a noble enterprise.”

Jim McCloskey, Founder and Director of Centurion Ministries (responsible for 70+ prison releases) / Co-Author of When Truth is All You Have and Co-Author (with John Grisham) of Framed.  

“As a journalist investigating wrongful convictions, and as founder of the Midwest Innocence Project, I learned that the painstaking process unfolds better when lawyers collaborate with trained reporters who have become licensed private investigators. Dan Grothaus long ago set the standard for those skilled journalists with PI licenses. This book will become invaluable.”

Steve Weinberg (Professor Emeritus – U of Missouri School of Journalism)
http://www.steveweinbergauthor.com

“We’ve learned so much about wrongful convictions in recent decades. But the lessons Dan Grothaus imparts strike me as particularly valuable because he shows the simple yet essential skills every cop, prosecutor, and defense lawyer should use to guard against the next wrongful conviction. With a journalist’s eye for a compelling story and a nose for detail, Grothaus leaves us with a haunting realization: that if such basic oversights can be found with intensive scrutiny, how many unjust convictions — especially those outside of the most heinous homicides, which get the most attention — remain hidden in plain sight?”  

Mark Obbie (Member/director of the Criminal Justice Journalists, former Associate Professor at Syracuse University, and current freelance journalist.  Originally a lowly cop shop reporter in Houston with author Dan Grothaus.)

“Dan Grothaus not only took my call from prison, but he knew what to do when I called.  He knew what questions to ask, he knew what actions to take, and he knew the order it had to be done. This book shows there are no short-cuts to establishing actual innocence, and if the wrong approach is taken, an individual may unnecessarily spend more years in prison. Throughout my actual experience and after reading this book, I’ve learned to trust Dan Grothaus’ process. If you are reading this book, I feel confident that you will too!”

Ricky Kidd, 2019 Exoneree

“This is a must-read book for anyone involved in the criminal justice system – or who just wants to know more about it --, written in the no nonsense, “street” language of a veteran private investigator whose stories sound right out of a “Dateline” episode. Dan and I started our careers together as police reporters in early 1980s Houston, when the city was experiencing an all-time high in homicides and we were racing from one bloody crime scene to another.  Dan went on to a career defending the innocent and in this book sets out how he proved the innocence of so many wrongfully convicted -- and how other investigators, if they follow his tips, can do so too.”

Jim Carlton, Current staff writer with the Wall Street Journal and author of Apple, who started out as a lowly cop shop reporter in Houston with author Dan Grothaus.

“Thirty years ago, I joined the Capital Trial office in Kansas City. It was in this same time frame I met Dan Grothaus. In a capital case the core team includes capital counsel, the mitigation specialist and a fact investigator. In my experience, Dan was the BEST fact investigator in a capital case. He understood the mission and was a good partner. What I remember most about those years was Dan's advocacy for our clients. His advocacy was to the team, and he sometimes found that he was the lone voice for the innocent client. Dan was often the one who identified the red flags in our cases, and he pushed us to work harder and smarter.  In the US, 1 out every 9 people condemned to death row is innocent. Therefore, it was critical to have Dan in the mix, because he followed the facts and then he looked under those facts.  Capital teams were better with Dan on the team. He saved many of our clients by working diligently and asking the hard questions, listening to the client and tracking down every lead. This book should be read by anyone working in the criminal justice system, especially those doing capital work.”

Cyndy Short, Former Missouri Public Defender, recipient of numerous awards in criminal defense work, longtime faculty member at the Trial Lawyers College, currently a Mitigation Specialist, Sentencing Advocate and Trial Attorney in Kansas City.

Table of Contents:

Preface: Why I Do This

Chapter 1. How Do I Start?  Where Do I Start?

Chapter 2. Organizing the Raw Data

Chapter 3. Building My Murder Memo (Part 1): Organizing the Details

Chapter 4. Building My Murder Memo (Part 2): Reviewing the Police Investigation

Chapter 5. Building My Murder Memo (Part 3): Reviewing Witness Interviews and Lab Reports While Creating My People List and To Dos

Chapter 6. Time to Get Out: My First Client Visit

Chapter 7. Time to Get Out: Visiting the Crime Scene

Chapter 8. Identifying and Finding My Witnesses

Chapter 9. The Witness Interview (Part 1): Approaching the Witness

Chapter 10. The Witness Interview (Part 2): The Interview and the Report

Chapter 11. My Work Completed – Now What?