Life 'After Innocence'

By Laura Barcella, AlterNet. Posted January 20, 2006.

Perhaps it all started with Harrison Ford's role as "The Fugitive" in 1993. Or perhaps it's because in recent years almost 400 inmates have been proven innocent and released from prison after being convicted of crimes they didn't commit.

Whatever the reason, the idea that America's criminal justice system is insufferably flawed is steadily gaining traction in the public mind. It's due, in large part, to the work of activists like Barry Scheck and Peter Neufeld (founders of groundbreaking legal clinic the Innocence Project), and artists like Taryn Simon (acclaimed photographer of The Innocents). The plight of these erstwhile "criminals" is also the focus of a new ABC television series, "In Justice," starring Kyle MacLachlan.

But what's been largely missing from the media's love affair with innocence is the soul behind this sensational story: the fact that behind each exonerated prisoner is a person with a life and a family beyond prison bars. The tragedy of post-conviction exoneration isn't just what it reveals about the grim state of our legal system, but the fact that after being released, many exonerees receive little more than an apology: no compensation, education, job training or emotional counseling. They're expected, instead, to walk away smiling from cells they didn't deserve to inhabit in the first place, grateful for the chance to re-enter old lives that, for many, feel as outdated as an ill-fitting high school sweater.

It's this struggle -- not just to readjust to life post-exoneration, but to win state compensation for wasted years -- that Los Angeles filmmaker Jessica Sanders attempts to capture in her powerful new documentary, "After Innocence," which premiered to wide acclaim at last January's Sundance Film Festival and opens in theaters nationwide today.

"Wrongful conviction can happen to anyone," Sanders reminded me during a recent telephone interview. "It's not just about race, or being poor. We are all potential jurors."

Sanders' feature-length film follows seven ethnically diverse male exonerees through their traumatic post-prison journeys. The men have little in common except their wrongful incarcerations: Scott Hornoff, a former cop from Rhode Island, served the least amount of time -- six and a half years -- behind bars; the longest sentence was the 23 years on death row served by Pennsylvanian Nicholas Yarris. After their exonerations, nearly all became politically engaged by the experience.

A bear of a man with a thick Boston accent, Dennis Maher manages to be both good-natured and indignant about the 19 years he served for three violent rapes he had nothing to do with. (The real perpetrator has yet to be found.) "The administration of justice in Massachusetts is a crock of shit," Maher pronounces at the start of "After Innocence," before repeatedly breaking down in tears during the film. Maher's quest to make up for lost time, and get married and have kids as soon as possible, is one of the movie's sweeter subplots -- he obsesses about his Match.com profile like it's his job.

Maher wrote to NYC's Innocence Project after seeing founder Barry Scheck interviewed on the "Phil Donahue Show" in 1993 and was freed via DNA evidence a long 10 years later. Both Scheck and Donahue, who are interviewed in the film, say they received countless letters from prisoners claiming innocence, like Maher, after the program aired.

In some ways, Maher is one of the luckier exonerees profiled in Sanders' film. Though he served a longer sentence than some of the other subjects, the state of Massachusetts passed an exoneration compensation law during the course of the film, granting Maher some financial recoup for his time served.

Laura Barcella is AlterNet's front page editor.