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the politics of apology
Exonerees endeavor to have their innocence fully acknowledged
When Calvin C. Johnson Jr. was freed after serving sixteen years for rapes he didn’t commit, he received a handshake from the prosecutor who had convicted him. But even while shaking Johnson’s hand, the attorney remained convinced that Johnson’s arrest and conviction were warranted.

Prosecutors and investigators tend to be loath to offer apologies to the wrongfully convicted, in part because they can be sued for their roles in wrongful convictions, and in part because an apology can be construed as an admission of guilt.


Calvin Johnson Jr. with his
lawyer Peter Neufeld (1999)

Prosecutors sometimes maintain that an exoneree is guilty, concocting strained theories to justify their positions. In the case of Michael Evans and Paul Terry, two seventeen-year-old Chicagoans wrongfully convicted of rape and murder in 1976, prosecutors clung to what has become known as the “unindicted co-ejaculator” theory. Though they had been excluded as the source of semen recovered from the victim, prosecutors maintained that Evans and Terry committed the crime, along with an unidentified man who deposited the semen. The supposed third man was never identified, and Evans and Terry were released in 2003 after serving twenty-seven years in prison.

Victims, too, often have difficulty believing a wrongful conviction has occurred. Victims who misidentified a suspect can find it particularly difficult to accept that their memory of the crime was simply wrong. Those who do admit their error often suffer guilt as a consequence.

Jennifer Thompson, a rape victim who misidentified Ronald Cotton and helped send him to jail for eleven years, was grief-stricken when she discovered she had identified the wrong man. A few weeks after Cotton was exonerated, Thompson apologized to him in person.

“If I spent every day for the rest of my life telling you how sorry I am, it wouldn’t come close to what I feel,” Thompson told him, according to The Toronto Star.

Cotton responded, “I’m not mad at you. I’ve never been mad at you. I just want you to have a good life.”

My Life is a Broken Puzzle
Page 7
that’s all the money did—put me
where I was supposed to be

I met this wonderful woman. Her name’s Robin. I’m kind of happy that now I know, okay, there’s nothing wrong with me. Robin shows me how to manage my money. I’m an electronics freak. I used to buy remote control cars, which we always wanted when we were kids, me and my brother. Remote control cars—it seemed like a good idea. Now, Robin would just kill me. There’s a robot I bought at Sharper Image, sale rack. It dances and stuff. A hundred dollars. She said, “Why did you get that? You don’t use it.” I was going to go buy this $300 robot one time, a big one, I mean he actually serves drinks and stuff. He has a camera, so you send him in to spy on people. But she won’t let me. I mean, I could, ’cause it’s my money. She would say, “It’s your money,” but she shows me how to control myself.

My family was pretty poor. When I was growing up, I didn’t have much—and I sure as heck didn’t have it in prison. I didn’t have a TV, I had a little radio, worth eight bucks—that’s all I had. And now I come out here and they give me money. It’s not so much that I go nuts. Every guy that’s middle class, thirty-eight years old, with a wife and kids, they have the ability to go buy a plasma [TV]. That’s all the money did—put me where I was supposed to be.


Ochoa (center) with Barry Scheck (bottom row, second from right) and the
Wisconsin Innocence Project lawyers who helped to free him (2004)


that guy still took her life

Sometimes I do interviews, and I have to remind myself that it’s Chris Ochoa, it’s Richard Danziger, it’s Jeanette Popp [the victim’s mother], but we can’t forget the victim, Nancy DePriest, the woman that died.

I felt horrible. Everybody did. That guy still took her life, and I won’t sit here and tell you everybody’s not guilty and you shouldn’t be punished when you hurt people—physically hurt people. I don’t believe in physically hurting people at all. I’m just as mad as anybody else.

I feel bad for her mom, her family. Especially her mom, Jeanette Popp. That’s not the only tragedy she’s gone through. She doesn’t talk to me much anymore, but Jeanette’s somebody that’s really, really special.

What happened is that she saw it on Good Morning America that I was probably going to be exonerated. She was rather upset. She calls the district attorney: “What is going on? I mean, these guys are guilty, what are you trying to do?” They weren’t very truthful. So she calls my attorney. I’m scared, because once the victim puts up a fight, the exoneration is going to be longer.

So my attorney, John Pray, tells her everything from the get-go—what happened, honestly. And Jeanette was so grateful that finally someone was telling her what was going on, and she felt so bad that she asked John if she could write me. I get the letter in prison. She says how sorry she is, kind of saying that it was her fault. I wrote her back, and we start writing each other. I asked her if she could be at my exoneration. I really wanted her to be there. So she went to Austin. I felt so bad for her. She was crying because, you know, she saw my mom. My mom got her son back, but Jeanette didn’t get her daughter back.

She was the biggest advocate. She was a very, very big part of why I was released so quick and why society accepted me so quick. She talked to the press, she talked to the DA—that was very instrumental, believe me, when a victim stands up and says, “I want him out.” We went to do TV shows together. I would speak, she would speak from her perspective, and it was a really nice one-two punch.

Now, I don’t know where she’s at, mentally or emotionally, but during the time I think it helped her. It’s helped me a lot. But I didn’t take her daughter’s life, so I don’t know how much it’s helped me, in that way. It’s like I don’t need closure. The guy [who] needs closure is Marino.

I need closure from the police officer. My whole deal is not between me and Jeanette or Nancy. My deal is between me and the police department. I have an issue with [Officer] Polanco. That’s the guy I need to talk to.

you knew I was innocent. you knew.

They were going to make [Polanco] go to the [civil] trial. They were going to subpoena him. I said no, I don’t want him there. “Do you want to talk to him?” No, I don’t want to talk to him.

I didn’t know how I would have reacted. I’m not saying I would have been mad. I’m not saying I would have done anything bad. Maybe I would break down. I didn’t want to cry, because I was taught not to cry in prison. Not in front of people. Sometimes now I do want to confront him.

I would ask him, “Why? Why did you do this?”

“Well, I really thought you were guilty,” he would say.

“No, don’t lie to me. You destroyed evidence. You knew I was innocent. You knew. You were a cop for fourteen years or however long; you were one of the most experienced homicide detectives, and you knew, you knew. Why was it so important for you to wrap this up? There was an MO [modus operandi] on the guy that did it. He had already done stuff like this—why don’t you use standard procedures? Why don’t you go to the FBI? They would have given you an MO. You didn’t follow procedure.”

And the second question I would ask is, “How in the hell can you live with yourself? Are you happy that my life is destroyed, and I have to pick it up? ’Cause you’re not doing anything to pick it up for me. My grandfather—are you happy that all you left me was a grave?”

You know, sometimes I feel like I’m a little kid, that I’m a little kid that had this gigantic puzzle, and then he came and kicked it, and I’m here left with this puzzle, all by myself, trying to put the pieces back together.

I mean, I know I have money, and I have school, and I have friends and support. But I’m alone. In the end, when I’m in my room, and when I have nobody, like right now, I’m left alone trying to pick up these pieces, and nobody’s helping me. You know, I never thought about it that way, but I’m thinking about it now. My life is a broken puzzle. People say I’m young. Come on, I’m thirty-eight. I don’t have much time to put my life back. And it’s frustrating, because sometimes the pieces that I need are not there, and I’m trying to fit pieces that don’t fit. And there are times that it works well, I get a little piece. That’s what I would ask him. Why did you kick my puzzle? Why did you destroy it?

You sit there and you fight me when I sue you. Why don’t you just admit you messed up and you violated every right that I had under the Constitution? People have helped me pick up the puzzle, it hasn’t been you. It’s been the courts; it’s even been the DA, Barry, the Innocence Project, even Congress, even President Bush.

When I started my relationship—I don’t want to bring in our sex life, but I couldn’t perform. And I got so mad at Polanco because this is what you’ve done to me. I was crying in bed. I said, “Why did he do this to me, why?” I can’t even function. Finally I got through it, but I had to fix that—to put those pieces of that part of the puzzle together.

People tell me, “You can go to the therapist.” The therapist, in the end, is not going to help me. I have to help myself. I can talk to the therapist; he can guide me, but in the end, I’m in the room alone.


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