FOR IMMEDIATE RELEASE
Contact: Professor Ion Meyn, 608-772-6396, meyn@wisc.edu or Professor Peter Moreno, 608-628-8742, psmoreno@wisc.edu
After
years of investigation, the discovery of new evidence, and multiple
hearings, the motion for a new trial for Seneca Malone was granted on
Friday, November 16, 2012 by Milwaukee Circuit Court Judge David
Borowski.
Malone was represented by the Wisconsin Innocence Project
(WIP), a clinic at the University of Wisconsin Law School, that
investigates and litigates viable claims of innocence on behalf of
inmates and seeks to remedy the causes of wrongful convictions. Law
students, under the supervision of Assistant Clinical Professors Ion
Meyn and Peter Moreno, investigated and litigated Malone’s claims for
relief.
In August 2008, a jury convicted Malone for the death of
Ricardo Mora. Mora was gunned down on the streets of Milwaukee on
December 16, 2005. At trial, the State's case was based almost entirely
on the statement of a man who told police he saw Malone shoot the
victim. Malone was sentenced to life in prison. At sentencing, Malone
expressed sympathy for the victim’s family, but also maintained his
innocence.
Contacted by Malone’s appellate attorney in 2010,
WIP agreed to conduct a preliminary investigation. “We discovered that
Mr. Malone’s trial attorney had not hired an investigator, had not
sought out a single witness, and had not asked for a single document,”
says Professor Ion Meyn. “Our law students quickly found compelling
evidence that led to our decision to take Mr. Malone’s case.”
The
State Public Defender’s Office then appointed WIP attorneys to represent
Malone and provided the funding to support the investigation and
defense.
Knocking on doors in tough neighborhoods and scouring
state records, law students uncovered new police records and found key
witnesses. In evidentiary hearings, WIP called ten witnesses on behalf
of Malone, including alibi witnesses and other evidence demonstrating
that much of the testimony from the State’s key witness at trial could
not have been true. In contrast, Malone’s counsel had not called a
single witness at trial. “In the post-conviction hearings, we presented
evidence suggesting that the State’s chief witness not only falsely
implicated Mr. Malone, but that he was in fact the shooter,” says
Professor Peter Moreno. When confronted with new evidence at the
hearing, the State’s witness refused to respond to questions, invoking
his Fifth Amendment right against self-incrimination.
After
hearing eight days of testimony and examining new evidence, Judge
Borowski vacated Malone’s conviction. Speaking from the bench, Judge
Borowoski ruled that the newly discovered evidence found by WIP
warranted a new trial. Judge Borowski also ruled that trial counsel had
been ineffective, and that a new trial should issue in the interest of
justice.
Law students played a critical role in investigating and
litigating Malone’s case. Jamie Yoon, David Blinka, Scott Zehr, Andy
Price, Nicolas Mittnacht, Colman Sutter and David Williams conducted an
investigation into the shooting, drafted motions, assisted in the
preparation of witness testimony, and played significant roles at the
evidentiary hearing. University of Wisconsin undergraduate students
Adriana Salgado, Amanda Bradley and Rebecca Loeb also provided critical
assistance in the investigation and evidentiary hearing.
