Overview of Wrongful Conviction — Episode #557 with Jason Flom
This episode of Wrongful Conviction (Lava for Good Podcasts) features Dennis Maher (transcribed in places as “Mayer”), who was wrongfully convicted of sexual assaults in 1984 and served almost 20 years before being exonerated. Host Jason Flom is joined by Hannah Riley (Director of Communications, New England Innocence Project) and Alex Spiro (former NY prosecutor, defense attorney, Harvard Law professor). The conversation traces Maher’s arrest and conviction, the failures that led to his imprisonment, his prison experience, and the long route to DNA-based exoneration — plus lessons about systemic reform and how listeners can help prevent future wrongful convictions.
Guests & context
- Dennis Maher — wrongfully convicted servicemember who spent ~19 years in prison before exoneration in 2003.
- Hannah Riley — Director of Communications, New England Innocence Project (NEIP).
- Alex Spiro — former New York prosecutor, current defense attorney, Harvard Law professor.
- Other names: Barry Scheck (Innocence Project founder), Elisa Kaplan & Karen Burns (NEIP lawyers), Martha Coakley (then-Attorney General who participated in post-DNA discussions), and the original prosecutor (referred to as J.W./Jay Conney), who later apologized.
Case timeline & key facts
- Initial events: Alleged assaults in November 1983; Maher was a 23-year-old Army sergeant stationed locally.
- Arrest sequence: Stopped by police for ID, arrested for marijuana possession; while in custody law enforcement tied him to the sexual assaults and conducted problematic in‑court and lineup identifications.
- Trial & conviction: Poor private defense counsel (hired for $5,000) failed to investigate the alibi or scene; Maher convicted in March 1984 and sentenced to 20–30 years after a courtroom outburst reportedly doubled the sentence.
- Prison: Served time in maximum security facilities (Walpole, Concord, Gardner, treatment center), endured violence and attacks as a labeled sex offender.
- Exoneration: NEIP (and collaborators) located preserved evidence decades after officials had said it was lost/destroyed. DNA testing in late 2002–early 2003 excluded Maher from the crimes; charges dismissed and Maher released April 3, 2003. The original prosecutor apologized.
Systemic failures the episode highlights
- Faulty eyewitness procedures
- Use of in-court identifications, suggestive lineups, photo arrays shown before live lineups, and non–double-blind identification methods.
- High-stress conditions (weapon present, attacker nearby) increase misidentification risk.
- Evidence handling and preservation
- Repeated claims that physical evidence had been destroyed or lost; evidence was ultimately located after persistent inquiry.
- Inadequate defense representation
- Private counsel failed to investigate, visit scenes, interview witnesses, or challenge key evidence/alibis.
- Prosecutorial tunnel vision and confirmation bias
- Prosecutors and investigators treated circumstantial or weak corroboration (clothing color, military-issued items) as decisive.
- Lack of institutional learning
- No routine “M&M”-style reviews (medical/aviation analogs) to analyze mistakes and prevent recurrence.
Prison experience (condensed)
- Placement in maximum-security facilities and segregation as a sex-offense prisoner.
- Repeated violence in prison (stabbings, assaults); personal injuries from attacks and inadequate medical handling.
- Work opportunities, weightlifting, and staff relationships helped him survive; nevertheless environment described as fear-driven and violent.
Road to exoneration — how it happened
- Maher wrote to law programs; initial outreach to Yeshiva law led to questionnaires and follow-up.
- NEIP took the case; students/lawyers (Elisa Kaplan, Karen Burns) investigated and relentlessly requested evidence from police and courts despite claims it was missing.
- Key breakthrough: clerk located preserved evidence; forensic testing by an independent expert and later state lab testing showed DNA that excluded Maher (and excluded the victims’ partners when checked).
- Prosecutor and AG’s office eventually cooperated; charges were dismissed and Maher was released. He received a direct apology from the prosecutor.
Key takeaways / main lessons
- Eyewitness ID reform is vital: adopt double-blind procedures, careful photo arrays, and changes to reduce suggestiveness.
- Preserve physical evidence — routine documentation and retention standards are lifesaving.
- Strong, competent defense work early (alibi development, scene investigation, traffic/time analysis, witness interviews) can prevent many wrongful convictions.
- Conviction integrity work (Innocence Projects, CIUs) matters: they uncover mistakes, secure testing, and push systemic reforms.
- Institutional learning (structured case reviews) would reduce repeat errors — treat legal mistakes like other human-systems errors (medicine/aviation).
Notable quotes & moments
- Dennis after conviction: “If you call this justice, I think you and your whole judicial system are a crock of shit.” (He later says he forgave the prosecutor.)
- Alex Spiro: prosecutors are generally honorable, but the system needs checks to unwind biases and errors.
- Hannah Riley: calls for adopting a learning culture — comparisons to morbidity & mortality reviews in medicine/aviation.
Action items — how listeners can help
- Support and donate to innocence organizations (e.g., innocenceproject.org) to fund investigations and systemic reform.
- Advocate for legislative reforms in your state: evidence-preservation laws, modern eyewitness-ID protocols, investment in conviction integrity units. Contact local state legislators and search your Statehouse website for relevant bills.
- Public education: invite exonerees and innocence advocates to speak at schools, churches, and community groups.
- Vote and hold prosecutorial offices accountable; support candidates and policies that emphasize checks, transparency, and integrity.
Contacts / resources
- New England Innocence Project (NEIP) / Hannah Riley — hriley@newenglandinnocence.org (for speaking requests and outreach).
- National Innocence Project — innocenceproject.org (donations, info, volunteer/advocacy).
This episode is both a personal account of survival and a case study in how multiple failures — bad ID procedures, lost evidence, ineffective counsel, and prosecutorial confirmation bias — combine to produce wrongful convictions. It underscores practical reforms and civic actions that reduce the risk those failures will ruin another person’s life.