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THE INNOCENCE PERCENTAGE

Feb 04 2011
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46,000 Innocent Lives Destroyed by False Allegations, Wrongful Convictions
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

Seton Hall University School of Law Professor D. Michael Risinger in 2007 published the results of a study, Innocents Convicted: An Empirically Justified Wrong Conviction Rate, in the Journal of Criminal Law and Criminology (Vol. 97, No. 3) which said that between 3.3 and 5 percent of all capital rape-murder convictions in this country involve innocent defendants. Going even lower than Professor Risinger’s 3.3 percentage, Radley Balko, senior editor of Reason Magazine, utilized the nation’s prison population in this country in 2008 and a 2% wrongful conviction rate to conclude there were at least 46,000 innocent people incarcerated in the nation’s prison system. 46,000.00!

Released from the Texas prison system in October 2008, Tony Hall now claims that he was one of those 46,000 innocent inmates—and there is compelling evidence to support his claim as recently reported in the Lufkin Daily News (here, here, and here). In 1993 Hall was living in Hudson, Texas with a woman who had a 7-year-old son. The boy reportedly made an outcry to his mother that Hall had sexually molested him. Hall denied the accusations. He was nonetheless indicted, and on May 13, 1993, following a three-hour trial before an Angelina County judge, he was found guilty. Five months later Hall was sentenced to 15 years in prison by the same judge. Hall had rejected repeated advice by his defense attorney to accept a 10-year probation which would have required a guilty plea admission.

Hall was sent to the Texas prison system, which leads the nation in sexual violence and assaults, where he was repeatedly raped and physically abused because he was a hated “child molester.” Hall tried to tell everyone he was innocent. No one listened—not even the Texas Board of Pardon and Paroles before whom his case appeared every two years. To secure parole in this state (and for that matter any state in the country) an inmate must admit his guilt, accept responsibility for his crime, and express remorse about it. Hall would not have any of this because, as he explained to the parole authorities, he was innocent.

As a result, Hall served every day of his 15-year term only to find after his 2008 release from prison that he walked into an even more terrifying position in the free world: he became a “registered sex offender,” a stigma similar to the “child molester” moniker he had endure in prison. Behind the barbed wire and gun towers, Hall had only to worry about avoiding the next rape or physical beating, while in the free world he had to avoid being falsely accused of another sex offense or violating the conditions of his sex offender registration. He told Lufkin Daily News reporter Jessica Cooley that he could not even take his Shih Tzu out for a walk without being made to feel like a monster.

“There was a little area with a picnic table across from the civic center down from my house,” Hall told Cooley. “That’s where I walked my dog. A lawman stopped me one day and said, ‘Man, you can’t be here. It’s a park.’ I said, ‘There’s no swings, there’s no slides, there’s no toys; it’s just a picnic table.’ I couldn’t be there … The landlord got kind of upset but I put little paper things that dogs poop on by the front door. My dog would sniff the front door and whine to get out. I just kept thinking, I’m in prison and I’ve got this animal in prison, so I actually started to commit suicide. I bought a bunch of Somas and I was to kill us both. My lawyer, Jeff Bates, said, ‘Don’t do that, he told the truth.’ I said, ‘But you don’t understand. I don’t have a life. I can’t even take my dog walking. I feel like I’m still in prison.’ You open the cell door, you let me out, but I’m still in prison.”

Then it happened. Two years after Hall’s release from prison his victim, now 23 years of age, provided attorney Bates with an affidavit which stated: “My memories of that time are vague, however, I do not have any memory of Tony Hall molesting me or touching me inappropriately. I do remember my mother telling me to say Mr. Hall touched me. I was very scared and told my mother what she wanted to hear so that I would not get a beating. I remember arguing with my mother about this and I remember my mother threatening me.”

The victim’s affidavit is supported by an affidavit from the mother’s sister which states: “[The mother] picked up [the boy] and placed him on the table with his legs dangling over the edge. He was wearing shorts. [She] repeatedly said to [the boy] ‘Tony messed with you, didn’t he?’ [The boy] kept answering no. Every time he would say no, she would slap him on his bare legs, making him cry harder. Eventually [he] answered yes and she stopped slapping him. She would not stop slapping him until he answered yes.”

The mother vehemently denies the allegations that she forced her son to falsely accuse Hall or that she testified falsely against him as an “outcry” witness during his 1993 trial. But the child victim-now adult is just as vehement. “I know nothing can give Mr. Hall back the years that he lost in prison,” he stated in his affidavit, “but I want to do what I can to help him have a life now.”

Angelina County District Court Judge Barry Bryan recently endorsed Hall’s claim of factual innocence, recommending that the case be reviewed by the Texas Court of Criminal Appeals. Jeff Bates is cautiously optimistic. “Getting the writ signed is just one step,” Bates told Cooley. “His case still has to be reviewed by the Texas Court of Criminal Appeals. They could just review the facts of the case and make a decision, or we may have to go to Austin.”

Assistant District Attorney Art Bauereiss who represented by State at the court hearings last May was skeptical of Hall’s claims of innocence, implying it was about the money he would receive if his conviction is overturned on the factual innocence claim. “You understand that one of the possible outcomes is you getting a big bag of money if you prevail here on this deal?” the prosecutor quizzed Hall. “I want my name back,” Hall responded. “I want my life back. I don’t give a dang if I don’t get a plugged nickel. I want to walk out of this courtroom, and I want to know I can walk out there and I don’t have to be scared.”

There is considerable money at stake. A wrongfully convicted person in the State of Texas is entitled to $80,000 per year of incarceration, an annuity, and $25,000 per year spent on parole or registered as a state offender. But we feel ADA Bauereiss’ raising the issue of compensation reflects an ingrained mindset in far too many prosecutors to maintain convictions, even of the innocent. To accept Bauereiss rationale, one would have to believe that Hall, his now adult victim, and the victim’s aunt all joined in a “conspiracy” to defraud the State out of the possible wrongful conviction compensation Hall might receive. If anyone believes that, they probably still believe the Titanic was unsinkable.

There are many in the child-sex prosecution industry who refuse to believe, despite compelling evidence to the contrary, that children can, and do, fabricate sexual abuse allegations. These child sexual abuse “experts” rely upon studies dating back to 1987 which generally concluded that only between one to 3 percent of child sexual assault allegations are false. But even accepting the percentages as being accurate, which we do not, Child Help, a group dedicated to the treatment and prevention of child abuse, says there are more than 3 million reports of child abuse made every year in this country. 7.6 percent of those cases (228,000) involve sexual abuse. With the 3 percent floor data touted by the child sexual abuse experts, it would mean that approximately 7,000 of these child sexual abuse reports are false.

Child Help reports that 90 percent of the child abuse victims know their abuser with 68% of the abusers being a family member. These percentages tell us that more than 4700 family members and more than 1500 friends of the children who make false sexual assault allegations will face the same fate as Tony Hall: they will lose their jobs, good name, marriages, income/savings; most will be convicted and sent to prison where they will face the inmate wrath against child molesters; and when and if they are released from prison, they will face a lifetime of registration as a “sex offender,” the dreaded scourge of modern day society.

We don’t know what those like Assistant District Attorney Art Bauereiss really think about the wrongly accused, but the prospect of 7,000 innocent adults having their lives and well-being totally ruined by the simple accusation of a child is no trivial matter. Prosecutors and child sexual assault experts can tout the 97 percent accuracy of child sexual assault victims, but it’s our job, and responsibility, to put the remaining 3 percent in context—the 7,000 innocent people, mostly family and friends of the false accusers, who have their lives destroyed each year by false allegations made by children. We’re not trying to minimize the harm and dangers associated with child sexual abuse, but we are extremely mindful that prosecutors and child sexual assault experts far too often rush to judgment every year against thousands of innocent people. This makes all of us who defend the Accused look at the term “expert” in a whole different light.

Personally, giving the rush to judgment by well intentioned therapists, misguided law enforcement officers and goal oriented prosecutors, we believe the number of false child sexual assault allegations most likely far greater than the 3 percent touted by pro-prosecution child sexual assault experts. That could put the number of innocent “child molesters” railroaded each year in the tens of thousands—a very scary prospect indeed. And when we are asked, as we often are, “how could you represent a child molester?,” we think about the thousands of innocent lives ruined each year by the very mindset that could even form that question before we reply.

It is our job—and one we take very seriously—to make sure that innocent people accused of crime, especially horrible crimes like child sexual assault, are not found guilty.

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

John Floyd is Board Certified in Criminal Law by the Texas Board of Legal Specialization

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    Although I am not a client, John Floyd contacted me the same day I sent an email requesting advice, answered my questions and even when further to assist with my issue and communicated … More with me the next day. A true credit to his profession and I can only imagine how well he provides services to his actual clients!
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    Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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    Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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    Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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    Very helpful highly recommended for any Question / case will definitely keep he's name and number for any other legal advice
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    Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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    One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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    Im impressed. This guy was polite and professional and most important...he listened.
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    Good experience and very good lawyer
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    It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
  • Avatar Andrew Vo ★★★★★ 3 years ago
    John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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    One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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    He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
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    He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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    Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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    Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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    Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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    He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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    He was very truthful and honest with us very great man I would recommend him and we would use him again
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    Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
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    I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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    This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
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    I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
  • Avatar S A ★★★★★ 4 years ago
    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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