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Posts tagged as “wrongful conviction”

Ohio Man Ricky Jackson Receives $1 Million After Spending 39 Years in Jail for a Murder He Didn’t Commit

By goodblacknews on March 20, 2015

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Ricky Jackson (YOUTUBE SCREENSHOT)

Ricky Jackson, 57, spent 39 years in prison for a murder he didn’t commit, and on Thursday an Ohio judge ordered the state to pay Jackson $1 million for his wrongful imprisonment, Reuters reports. Jackson was freed from prison last November.

Jackson was informed by a journalist about the $1 million check coming his way. “Wow, I didn’t know that,” Jackson told the Cleveland Plain Dealer after he found out. “Wow, wow, wow, that’s fantastic, man. I don’t even know what to say. This is going to mean so much.”
Jackson was convicted of murder in connection with the death of Cleveland salesman Harold Franks in 1975, alongside two other men, Kwame Ajamu and Wiley Bridgeman, who are brothers. Jackson was the longest-held U.S. prisoner to be eventually cleared of a crime. Ajamu and Bridgeman also were exonerated. Ajamu’s sentence was commuted and he was released from prison in 2003, and Bridgeman was freed shortly after Jackson in November.
A 12-year-old boy named Eddie Vernon testified during the original trial that he saw the attack. Vernon later recanted his testimony, telling authorities that he did not, in fact, witness the crime.
According to Reuters, there was no other evidence linking Jackson to Franks’ death. Other witnesses said that Jackson, who was a teenager at the time, was on a school bus at the time of the killing.
article by Diana Ozemebhoya Eromosele via theroot.com

Judge in South Carolina Throws Out Sit-In Convictions for "Friendship Nine"

By goodblacknews on January 28, 2015

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A judge in Rock Hill, S.C., vacated the convictions of nine black men who were arrested in 1961 for sitting at a whites-only lunch counter. (Photo by Megan Gielow for The New York Times)

Rock Hill, South Carolina (CNN) A South Carolina judge on Wednesday threw out the convictions of the Friendship Nine, who were jailed in 1961 after a sit-in protest in Rock Hill, South Carolina, during the civil rights movement.

“Today is a victory in race relations in America,” said Bernice King, daughter of the Rev. Martin Luther King Jr., said in a news conference following the ruling. “It is a new day.”

The prosecutor who pushed for this momentous day, 16th Circuit Solicitor Kevin Brackett of Rock Hill, cited King’s father when explaining to CNN on Tuesday why he was motivated to take up the cause of the Friendship Nine: “The arc of the moral universe is long, but it bends towards justice.”

The proceedings began at the Rock Hill Law Center with Municipal Judge Jane Pittman Modla reading from the original court record for each of the men. She asked each of the seven men in attendance — one has since died, while another had transportation issues — to stand as their names were called.

“Offense: trespassing. Disposition: guilty. Sentence: $100 or 30 days. Condition: sent to the chain gang,” she said for each of them, reading from the 1961 docket.

Retired state Supreme Court Justice Ernest Finney, who was the men’s defense attorney in 1961, entered the motion to have the sentences tossed out. The 83-year-old required help standing and propped himself on the table in front of him as he spoke.

“May it please the court, today I’m honored and proud to move this honorable court to vacate the conviction of my clients. These courageous and determined South Carolinians have shown by their conduct and their faith that the relief that they seek should be granted. I move for the convictions entered in 1961 to be vacated.”

New York City Settles Three Brothers’ Wrongful Conviction Cases for $17 Million

By goodblacknews on January 12, 2015
Alvena Jennette, right, and Robert Hill left court in Brooklyn after being exonerated in May. A third half brother, Darryl Austin, died in prison. (Credit: Michael Appleton for The New York Times)

The New York City comptroller, Scott M. Stringer, has agreed to pay $17 million to settle three more claims based on wrongful criminal convictions, his office said on Sunday, part of an emerging strategy to resolve civil rights cases before they are formally filed as lawsuits in court.

The settlements were reached with three defendants whose cases involved Louis Scarcella, the retired homicide detective whose investigative tactics have come under question and whose cases are being reviewed by the Brooklyn district attorney’s office.

The men, Robert Hill, Alvena Jennette and Darryl Austin, who are half brothers, spent a combined total of 60 years in prison — one died there — before their convictions, made in the 1980s, were vacated by a judge in May. The office of Kenneth P. Thompson, the Brooklyn district attorney, is examining 130 convictions, including 70 cases in which Mr. Scarcella played a key role. Most of the cases under review date to the crime-plagued 1980s and 1990s.

David McCallum, Wrongfully Imprisoned for 29 Years, Finally Released Thanks to Years of Lobbying by Rubin "Hurricane" Carter

By goodblacknews on October 15, 2014
David McCallum, who was just 16 when he was found guilty of kidnapping and shooting a man in 1985, is expected to have his conviction overturned by a New York judge on Wednesday 

A Brooklyn man who has spent the past 29 years in prison for murder is expected to walk free on Wednesday.

David McCallum, together with co-defendant Willie Stuckey, were found guilty of kidnapping and shooting Nathan Blenner, 20, in a Bushwick park in October 1985. The two 16-year-olds were sentenced to 25 years to life behind bars the next year.

Stuckey died in prison in 2001, but McCallum has had his innocence championed by late boxer Rubin “Hurricane” Carter, who served 19 years in prison after he was wrongfully convicted of murder in 1966.

David McCallum, who was just 16 when he was found guilty of kidnapping and shooting a man in 1985, is expected to have his conviction overturned by a New York judge today.  Just two months before Carter died in April he wrote an op-ed for the New York Daily News in which he called for Brooklyn District Attorney Kenneth Thompson to review McCallum’s case.

“My single regret in life is that David McCallum… is still in prison,” Carter wrote. “Knowing what I do, I am certain that when the facts are brought to light, Thompson will recommend his immediate release.”

After Nearly 23 Years of Legal Struggle, Wrongful Convictions are Reversed for Everton Wagstaffe and Reginald Connor

By goodblacknews on September 19, 2014
A court said Brooklyn prosecutors buried documents in the kidnapping case of Everton Wagstaffe. (Credit: Nathaniel Brooks for The New York Times)

Everton Wagstaffe, who refused to leave prison on probation because he viewed it as a surrender of his claim of innocence in the death of a teenage girl, learned on Wednesday that he had prevailed in a struggle that he began from behind bars nearly 23 years ago.

A panel of state appeals court judges unanimously reversed the kidnapping convictions of Mr. Wagstaffe and his co-defendant, Reginald Connor, finding that Brooklyn prosecutors in 1992 and 1993 were responsible for “burying” documents that might have shown that detectives and the prime witness had lied. The panel also dismissed the indictments of the two men.
A spokeswoman for Kenneth P. Thompson, the Brooklyn district attorney, who has pledged to aggressively hunt down injustice, said the decision was being reviewed.

Reginald Connor’s conviction was also reversed. (Credit: Piotr Redlinski for The New York Times)

Mr. Connor, 46, served 15 years, and now works for a film-production company. For the moment, Mr. Wagstaffe, 45, remains in state prison. He has been in custody since his arrest at age 23 in January 1992.
Over the years, he has refused to accept release on any terms — such as parole or probation — that would imply he had something to do with the kidnapping and death of Jennifer Negron, a 16-year-old girl whose body was found on a street in the East New York section of Brooklyn on Jan. 1, 1992.
“Finally,” Mr. Connor said on Wednesday afternoon, sounding dazed. “Finally.”
He learned of the decision just after leaving a meeting with lawyers from Davis Polk & Wardwell, who had been representing him pro bono for the last several years.
Mr. Wagstaffe first heard of the ruling in a call with a family member, who asked not to be identified, but said Mr. Wagstaffe had insisted that the entire ruling be read to him. “ ‘You cry for both of us,’ ” the family member quoted Mr. Wagstaffe as saying. “ ‘I want to research part of it.’ ”

If the case comes to an end now, it would be the final chapter of an epic guerrilla legal battle waged by Mr. Wagstaffe. He entered prison with minimal literacy and taught himself to read. He then wrote hundreds of letters pleading for help in finding the physical evidence from the case so DNA testing could be done, and in finding missing witnesses. For much of that time, he had no legal counsel. He drafted his own legal papers and succeeded in being granted hearings, though not in getting any relief.

After 30 Years in Prison, Brothers Henry Lee McCollum and Leon Brown are Exonerated after Fresh DNA Evidence Emerges

By goodblacknews on September 3, 2014
New DNA evidence exonerated death row inmate Henry Lee McCollum, 50, and his half-brother Leon Brown, 46, of a 1983 murder

Two half-brothers wrongly incarcerated for 30 years have been released and have had their convictions overturned after fresh DNA evidence vindicated them.  Henry Lee McCollum, 50, who was on death row, and Leon Brown, 46, serving life, were arrested as teenagers in 1983 for the rape and murder of 11-year-old girl Sabrina Buie.

The innocent North Caroliners, who are diagnosed with mental disabilities, were released after new evidence linked the killing to another man who lived just feet from the soybean field that the girl’s body was found in and who was around the same time imprisoned himself for raping and killing an 18-year-old woman.
As the decision was announced by Superior Court Judge Douglas B Sasser yesterday, the men’s family erupted into applause and tears.
According to the New York Times, the brothers, who were 19 [McCollum] and 15 [Brown] at the time, had no physical evidence linking them to the crime.
Geraldine Brown, sister of Leon Brown, celebrates outside a Robeson County courtroom yesterdayGeraldine Brown, sister of Leon Brown, celebrates outside a Robeson County courtroom yesterday.  However, Mr McCollum was considered suspicious by some in the town after recently moving there from New Jersey, and after five hours of questioning without a lawyer present he gave a story of how he and three others had killed the girl.
“I had never been under this much pressure, with a person hollering at me and threatening me,” Mr McCollum told The News & Observer in an interview.
“I just made up a story and gave it to them so they would let me go home.”
He wasn’t allowed home, however, and was allegedly coerced into signing a confession – there is no recording of the interrogation.
During his incarceration, Mr. McCollum was held up as an example of someone who ‘deserved to die’.
In 1994, a Supreme Court Justice Antonin Scalia was arguing for the death penalty in an unrelated case when he referred to that of Mr McCollum’s, and said that a quiet lethal injection would be “enviable” than that inflicted on the murdered young girl, reports Huffington Post.
“Today, truth has prevailed, but it comes 30 years too late for Sabrina Buie and her family, and for Leon, Henry, and their families.
“Their sadness, grief, and loss will remain with them forever.”
Mr McCollum was North Carolina’s longest-serving death row inmate and in later years, changes were made to the justice system to prevent minors and those with mental disabilities from being given the death sentence.
According to the Guardian, the police force in Red Springs is also accused of hiding crucial bits of crime scene evidence from 1984 until last month, that had not even been revealed to the defence teams or prosecutors.
article by Natasha Culzac via independent.co.uk

DNA Testing in Rape Case Exonerates Louisiana Man Nathan Brown After 17 Years in Prison

By goodblacknews on June 26, 2014

Nathan Brown and family
Nathan Brown, who had been incarcerated for nearly seventeen years, talks with his daughter Celene Brady, and his grandson Kenard Southern, 1, after being released from seventeen years in prison in New Orleans, Wednesday. / AP

Nathan Brown, 40, who was convicted of the attempted aggravated rape of a 40-year-old woman in 1997 solely based on her identification, was released from a state prison yesterday after serving 17 years of a 25-year sentence.  DNA testing has proved what Brown has claimed all along: He was not the man who attacked the woman as she returned to the Metairie apartment complex where they both lived, his attorneys say.
“I sincerely ask for you to have mercy upon me when the time for sentencing comes,” Brown wrote in December 1997 to then-Judge Walter Rothschild, the month after a Jefferson Parish jury convicted him. “I understand what I’ve been accused of, but I’m not the man who did this (horrendous) crime. I live a clean and honest life, providing for my daughter and helping my family out.”
Attorney Vanessa Potkin of the Innocence Project in New York, filed papers in the 24th judicial District Court in Gretna on Tuesday, saying DNA testing clears Brown. She asked Judge Ray Steib to vacate the sentence and order his release. Brown was at least the 15th person exonerated by DNA evidence in Louisiana since 1999.
The Jefferson Parish district attorney’s office declined to comment, too. But according to court records, District Attorney Paul Connick Jr. did not oppose the Innocence Project’s request to test evidence for DNA.
Brown’s attorneys asked for the DNA testing last year. Prosecutors did not oppose the testing, and Steib ordered it to be done on Dec. 16, court records show.  The company that performed the testing, Orchid Cellmark, excluded Brown “as the source of the male biological material that was testing,” Potkin wrote.
“Additional testing has identified the source of the biological material as a specific known individual other than Nathan Brown,” she wrote. “Because Nathan Brown is not the source of the male biological material that was tested, he was established by clear and convincing evidence that he is factually innocent of the attempted aggravated rape for which he was convicted.”

Conviction Review Unit Spearheaded by D.A. Kenneth Thompson Makes Brooklyn Lead N.Y. State in Inmate Exonerations for 2014

By goodblacknews on June 24, 2014

New York City Police Commissioner Bill Bratton, left, and Brooklyn District Attorney Kenneth Thompson speak to reporters during a news conference at police headquarters in New York, Wednesday, April 30, 2014. Authorities in New York City say they've arrested six people and charged them with selling 155 guns transported from Georgia to an undercover officer in Brooklyn. (AP Photo/Seth Wenig)
New York City Police Commissioner Bill Bratton, left, and Brooklyn District Attorney Kenneth Thompson speak to reporters during a news conference at police headquarters in New York, Wednesday, April 30, 2014. (AP Photo/Seth Wenig)

Brooklyn County is leading New York State in inmate exonerations for 2014 thus far, the New York Daily News reports.  Of the 11 inmates cleared of criminal wrongdoing this year, Kings County has eight of them, all spearheaded by new boro D.A. Kenneth Thompson’s 13-person team. Thompson has made exonerations one of his offce’s key focuses.
“I am determined to get to the bottom of these cases,” Thompson, who defeated longtime D.A. Charles Hynes in last year’s city elections, told the Daily News. Each of the men cleared had spent two decades behind bars.
To that end, he has made great use of his Conviction Review Unit, which is currently looking at 57 questionable homicide prosecutions. The unit has cleared four defendants so far, Thompson added.  D.A.’s in the other boroughs say they don’t plan on launching widescale exoneration units. Though his predecessor started the unit, Thompson has expanded it. He allocated $1.1 million for the unit and plans to broaden its focus once its caseload decreases. Legal authorities say they are impressed by his work.
“It’s absolutely unprecedented,” said Rob Warren, director at the Center on Wrongful Convictions at Northwestern University. “I hope it lives up to the expectations and becomes a model to the nation.”
“We hope that by the end of this review, we can learn some lessons and shed some light on how these cases come about,” Thompson added.
According to experts, the state’s high number of wrongful convictions stems from the mass homicides from the crack epidemic of the 1980s.
article by Hannington Dia via newsone.com

5 Exonerated in Central Park Jogger Case Agree to Settle Suit for $40 Million

By goodblacknews on June 20, 2014

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Lawyers, in foreground, and the five defendants in the Central Park rape case of a female jogger waiting for the ruling in February 1990 in State Supreme Court in Manhattan. (JAMES ESTRIN / THE NEW YORK TIMES)

The five men whose convictions in the brutal 1989 beating and rape of a female jogger in Central Park were later overturned have agreed to a settlement of about $40 million from New York City to resolve a bitterly fought civil rights lawsuit over their arrests and imprisonment in the sensational crime.
The agreement, reached between the city’s Law Department and the five plaintiffs, would bring to an end an extraordinary legal battle over a crime that came to symbolize a sense of lawlessness in New York, amid reports of “wilding” youths and a marauding “wolf pack” that set its sights on a 28-year-old investment banker who ran in the park many evenings after work.
The confidential deal, disclosed by a person who is not a party in the lawsuit but was told about the proposed settlement, must still be approved by the city comptroller and then by a federal judge.
The initial story of the crime, as told by the police and prosecutors, was that a band of young people, part of a larger gang that rampaged through Central Park, had mercilessly beaten and sexually assaulted the jogger. The story quickly exploded into the public psyche, fanned by politicians and sensational news reports that served to inflame racial tensions.
The five black and Hispanic men, ages 14 to 16 at the time of their arrests, claimed that incriminating statements they had given had been coerced by the authorities. The statements were ruled admissible, and the men were convicted in two separate trials in 1990.
In December 2002, an investigation by the Manhattan district attorney, Robert M. Morgenthau, found DNA and other evidence that the woman had been raped and beaten not by the five teenagers but by another man, Matias Reyes, a convicted rapist and murderer who had confessed to acting alone in the attack. Concluding that the new evidence could have changed the original verdict, Mr. Morgenthau’s office joined a defense motion asking that the convictions be vacated.
If approved, the settlement would fulfill a pledge by Mayor Bill de Blasio to meet a “moral obligation to right this injustice.”

Wrongfully Convicted Man Glenn Ford Freed After 26 Years on Death Row

By goodblacknews on March 12, 2014

Glenn FordANGOLA, Louisiana (AP) — A man who spent nearly 26 years on death row in Louisiana walked free of prison hours after a judge approved the state’s motion to vacate the man’s murder conviction in a the 1983 killing of a jeweler.  Glenn Ford, 64, had been on death row since August 1988 in connection with the death of 56-year-old Isadore Rozeman, a Shreveport jeweler and watchmaker for whom Ford had done occasional yard work. Ford had always denied killing Rozeman.
Ford walked out the maximum security prison at Angola on Tuesday afternoon, said Pam Laborde, a spokeswoman for Louisiana’s Department of Public Safety and Corrections.  Asked as he walked away from the prison gates about his release, Ford told WAFB-TV, “It feels good; my mind is going in all kind of directions. It feels good.”
Ford told the broadcast outlet he does harbor some resentment at being wrongly jailed: “Yeah, cause, I’ve been locked up almot 30 years for something I didn’t do.  I can’t go back and do anything I should have been doing when I was 35, 38, 40 stuff like that,” he added.
State District Judge Ramona Emanuel on Monday took the step of voiding Ford’s conviction and sentence based on new information that corroborated his claim that he was not present or involved in Rozeman’s death, Ford’s attorneys said. Ford was tried and convicted of first-degree murder in 1984 and sentenced to death.