As a state senator, I know the value of liberty and justice to the people of New Hampshire. Today, both are put at risk by an issue we have yet to confront — one that strikes at the foundational principles of this state. Right now, in New Hampshire, individuals convicted of a crime are permitted just three years to request a new trial.
What if new evidence emerges later? What if advances in science shed new light on the case? What if another person confesses to the crime? If it’s been more than three years, you are out of luck.
Imagine how you, or someone you love, would feel knowing you are wrongfully imprisoned, with no opportunity to present the truth and achieve justice, even if the real perpetrator came forward or new evidence proves you were innocent all along.
Wrongful convictions are devastating miscarriages of justice that rob people of their liberty. Not only are innocent people imprisoned, but the real perpetrators walk free and victims are denied justice. Those who are wrongfully convicted lose years, sometimes decades, of their lives before the truth is revealed. Unfortunately, in the Granite State, we do little to prevent such injustices.
Just a few weeks ago, I attended an event where New Hampshire acknowledged Wrongful Conviction Day for the first time. Wrongful Conviction Day was started nationally by the Innocence Network to raise awareness for the vast number of innocent people in prison and the long-term impact that unjust incarceration has on individuals, communities and society.
I heard the stories of multiple exonerees, including that of former Rhode Island police officer Scott Hornoff. It took Scott more than six years to free himself of a wrongful 1996 conviction for murder. It shook me to my core to learn that if he had been from New Hampshire, he’d very likely still be in prison today.
There are no exceptions to New Hampshire’s restrictive three-year deadline. This denies our citizens the right to advocate for justice. As we have learned from the stories told on Wrongful Conviction Day, our justice system is not perfect and can make terrible, life-changing mistakes. In Scott’s case, the real killer came forward, leading to his exoneration, but in New Hampshire, Scott would still be languishing behind bars. On average, it takes 11 years to overturn a wrongful conviction. Knowing this, why have we chosen to restrict them to three years, making it more difficult for the innocent to seek justice?
Recently, there have been bipartisan efforts to resolve this issue, but each has fallen short. My colleagues in the General Court must support legislation to finally address this. If passed, this legislation would not automatically release anyone from prison — it would simply create a narrow exception to the three-year deadline, allowing individuals to petition for a new trial if they present newly discovered evidence, updated forensic testing or new scientific insights. Courts will still review each case to decide if legal thresholds have been met and then determine if the individual should be granted a new trial.
This legislation acknowledges that advances in science and technology take time and are fluid. A litany of scientific methods once thought to be infallible are now known to be unreliable, such as bite marks or arson science. If someone were convicted based on evidence that was later debunked and/or found to be flawed, they deserve a chance to prove their innocence.
Nationwide, there have been more than 3,500 exonerations. In New Hampshire, there have been three. This does not suggest we do not have any wrongful convictions, but rather our laws have made it impossible to revisit these cases. It’s time we address this so New Hampshire can prioritize truth, justice and free the innocent.
Senator Tara Reardon is a resident of Concord and is serving her first term in the New Hampshire Senate, representing Concord, Bow and Hopkinton. She previously served seven terms in the New Hampshire House, is a retired attorney, and served as vice president at the Community Loan Fund.