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Posts tagged as “wrongful imprisonment”

Los Angeles to Pay $24 Million to Two Men Imprisoned for Decades After Wrongful Murder Convictions

By goodblacknews on January 21, 2016
The Los Angeles City Council agreed Tuesday to pay more than $24 million to settle lawsuits from two men who alleged that investigations by dishonest Los Angeles Police Department (LAPD) detectives led to their wrongful murder convictions and caused them to spend decades behind bars.
Kash Delano Register, who won his freedom in 2013 after lawyers and students from Loyola Law School cast doubt on the testimony of a key prosecution witness, will receive $16.7 million — the largest settlement in an individual civil rights case in the city’s history, his attorneys said. Bruce Lisker, who was released from prison in 2009 after a Times investigation into his conviction, will get $7.6 million.
Though the cases were unrelated, both men contended that detectives ignored evidence of their innocence and fabricated evidence of their guilt.
City lawyers concerned about the police misconduct allegations recommended the settlements, saying in confidential memos to the City Council obtained by The Times that taking the cases to trial could be even more financially devastating.
“This is an extremely dangerous case,” city attorneys wrote of the Lisker case. And Register’s case was even “more problematic,” they said.
“Today’s action helps make amends for the many years these men will never get back, and for lives that will never be the same,” said Rob Wilcox, a spokesman for City Atty. Mike Feuer.
City Councilman Paul Krekorian, who heads the budget committee that weighs settlement payments, said the two cases were the “very unfortunate” result of police misconduct in the past, but did not reflect how the department operates today.  “It’s just regrettable that these two individuals spent the better part of their lives in prison as a result of the inadequacy of the investigations that happened back then,” Krekorian said.
Register, who has always maintained his innocence, spent 34 years in custody after being convicted of the 1979 armed robbery and murder of Jack Sasson, 78.  The case against Register was based on eyewitness testimony. No murder weapon was recovered and none of the fingerprints lifted at the West Los Angeles crime scene matched Register’s. Police seized a pair of his pants that had a speck of blood on them, but the blood type matched both Sasson’s and Register’s. Register’s girlfriend testified that he was with her at the time of the shooting.
A key prosecution witness in the case was Brenda Anderson, who told police she heard gunshots and saw Register sprinting away from the scene. She picked him out of a photo lineup, police said. But Anderson’s sisters said they told police that her account wasn’t true.

District of Columbia Agrees to $16.65M Settlement with Donald Gates, Wrongly Imprisoned for 27 Years

By goodblacknews on November 20, 2015

Donald Gates (Photo Source: nnomcenceprorject.org)
Donald Gates (Photo Source: innocenceprorject.org)

The District of Columbia agreed Thursday to pay $16.65 million to a man who spent 27 years in prison for a rape and murder he didn’t commit.
The amount is about $617,000 for every year Donald Eugene Gates spent in prison. Gates was freed in 2009 after DNA evidence cleared him in the 1981 rape and murder of 21-year-old Georgetown University student Catherine Schilling. A federal jury on Wednesday found that two city police officers fabricated and withheld evidence in the case, and city officials agreed to a settlement Thursday as the jury was getting ready to decide damages in the case.
According to court records, former homicide detectives Ronald S. Taylor and Norman Brooks, both now retired, fed information to an unreliable informant. The informant claimed Gates confessed to him while in jail and that he was tied to DNA evidence. This led to a D.C. Superior court finding Gates guilty and he was sentenced to life in prison. During this time, Gates maintained his innocence and suffered until 2009. It was then that he was cleared based on DNA evidence and the real culprit was identified. Because of the conduct of the officers and his wrongful imprisonment, Gates was earlier awarded $1.4 million under a law that gives $50K per year of imprisonment of innocent people who waive their rights to sue the US government.
In response to the jury verdict, Gates is quoted as saying, “It feels like the God of the King James Bible is real, and he answered my prayers.” Gates, who lives in Knoxville, Tenn., added as he left the courtroom, “Justice is on the way to being fulfilled. . . . It’s one of the happiest days of my life.”
article via fox5dc.com and rollingout.com

MUST SEE: Trailer for "True Conviction", a Documentary on Black-Owned Detective Agency Run by Exonerated Men Who Fight to Free Others

By goodblacknews on November 16, 2015
"True Conviction"
John Lindsey, Christopher Scott and Steven Phillips work to exhonerate wrongfully convicted men just like they were in documentary “True Conviction” (photo via trueconvictionfilm.com)

As I combed my RSS Feed for stories to share on GBN today, I was particularly taken by an article posted by the indefatigable Tambay A. Obenson of Shadow And Act, (the most comprehensive site on black cinema, past and present, that I have ever come across).  It was an update on a documentary project now called “True Conviction” that Obenson has been tracking on his blog for about 2 years, starting with its Kickstarter fundraising campaign in early 2013. Today, he posted the link to a seven-minute preview of the film directed by Jamie Meltzer.
I opened it to watch and was immediately riveted by the story – how three men, each convicted, imprisoned and eventually exonerated for crimes they didn’t commit – banded together to form an agency to help countless other innocent people who are still unjustly serving time.  When one of the detectives, Christopher Scott, confronts Alonso Hardy, who confessed to having committed the crime for which Scott was imprisoned, it is a moment to which every person in America should bear witness, and hopefully begin to understand and help change our devastatingly faulty and racist criminal justice system.
Even though robbed of a large chunk of their adulthoods, Scott and his partners Johnnie Lindsey and Steven Phillips dedicate their lives to helping others, because, as Scott states so poignantly at the end of the trailer:

As much as I paid for his weakness, he didn’t do this to me. It was men much more powerful than Alonso. Cops, prosecutors, D.A.s, judges… The justice system wronged me so much, you know, I had to come out and try to make a change. My whole mission is to free as many people as I can before I leave this world.

I’d embed the video if I could, but it won’t allow me.  So I am posting the link to the trailer right here:  https://vimeo.com/145864128. Additionally, if you want to sign up to receive newsletters about the film, events related to it and upcoming screenings, you can do so at trueconvictionfilm.com. 
article by Lori Lakin Hutcherson, GBN Founder and Editor-in-Chief (follow @lakinhutcherson)
 

Brothers Henry McCollum, 51, and Leon Brown, 47, Finally Compensated by North Carolina for Three Decades of Wrongful Imprisonment

By goodblacknews on September 4, 2015

Henry McCollum sits stunned as applause rings out in a Robeson County courtroom in Lumberton, N.C. Tuesday, September 2, 2014, after a judge has declared McCollum and his brother Leon Brown innocent of a brutal rape murder for which they have spent 30 years in prison. Behind him is Beverly Lake, Jr., founder of the Innocence Commission, who was vital in the process to free the men. Photo: Chuck Liddy/Raleigh News & Observer/MCT via Getty Images

Two brothers who were wrongfully imprisoned for three decades for a crime they didn’t commit just received $750,000 in compensation from the state of North Carolina—the highest-possible payout in such an instance.

Henry McCollum, 51, was present for the ceremony in which he and his half-brother Leon Brown, 47, were each awarded the maximum payout approved by state officials. Brown, however, remains in a hospital, where he’s undergoing treatment for mental health issues stemming from their imprisonment. The brothers were officially pardoned in June, which made them eligible for financial restitution.
They were released from prison a year ago after fresh DNA evidence emerged and exonerated them.  The testing was performed by the state’s Innocence Inquiry Commission, whose purpose is to investigate disputed cases.
According to their attorneys, the brothers “were scared teenagers with low IQs” who investigators manipulated and berated, feeding them details before they signed false confessions for the rape and murder of 11-year-old Sabrina Buie in 1983. McCollum was the longest-serving inmate on the state’s death row, while Brown was convicted to life in prison. Both were attacked while serving their sentences, and Brown was repeatedly sexually assaulted by other prisoners.
The money will go into funds that will help the men and their families financially—something that has been difficult ever since the brothers’ release and subsequent difficulty readjusting to life on the outside.
article by Sameer Rao via colorlines.com

Queens Native Kareem Bellamy, Wrongly Imprisoned for 14 Years, Gets $2.75M Settlement from New York State

By goodblacknews on May 21, 2015
Kareem Bellamy, seen reacting when his murder conviction was overturned in 2011, will receive $2.75 million from the state.
Kareem Bellamy, seen reacting when his murder conviction was overturned in 2011, will receive $2.75 million from the state. (Photo: DELMUNDO, ANTHONY FREELANCE NYDN/ANTHONY DELMUNDO)

Innocent Queens man Kareem Bellamy, wrongfully imprisoned for 14 years on murder charges, reaped a $2.75 million windfall from New York State authorities on Wednesday.
“It’s a message that I’ve been saying from the start — that I was innocent,” Bellamy told the Daily News. “But it doesn’t make up for what I went through to be honest.”
Charges against Bellamy, 47, were dropped in 2011 after evidence emerged that cleared him of the fatal Queens stabbing of James Abbott Jr. 17 years earlier.
But prosecutors in the Queens District Attorney’s office never acknowledged that Bellamy was innocent — even after a judge vacated his conviction — arguing instead that an audiotaped confession by a second murder suspect was phony.
“Mr. Bellamy has now been freed from that conviction based on an outright fraud perpetrated against this court,” said Assistant District Attorney Brad Leventhal said at the time. “He has not — I repeat — he has not been exonerated.”
But Bellamy’s longtime lawyer Thomas Hoffman said the settlement, which was approved by Alan C. Marin of the New York Court of Claims, helped make that case.
“It shows some recognition that he never committed the murder,” Hoffman, who has worked with Bellamy for 11 years, told the News. “That’s why it is so symbolic that he received this money.”
Bellamy, a father of three who was incarcerated at the age of 26 until he was 41, was released from prison on bail in 2008.
He now helps advocate for the wrongfully convicted with the Jeffrey Deskovic Foundation.
The Queens District Attorney’s office had no comment by press time.
article by Eli Rosenberg via nydailynews.com

Rosean S. Hargrave, 40, Convicted 23 Years Ago for Murder Based on Evidence from Unscrupulous Brooklyn Detective Louis Scarcella, Is Ordered Freed from Prison

By goodblacknews on April 19, 2015
Rosean S. Hargrave leaving court in Brooklyn on Tuesday after a hearing at which his conviction for the murder of an off-duty correction officer was vacated. (Credit: Sam Hodgson for The New York Times)

More than two decades after Rosean S. Hargrave was convicted of murdering an off-duty correction officer in Brooklyn, a judge on Tuesday ordered him released from prison, saying Mr. Hargrave’s prosecution was based on deeply flawed detective work that “undermines our judicial system.”

Mr. Hargrave, surrounded by his family and friends as he left State Supreme Court in Brooklyn, was asked whether he had thought he would ever be free.

“I dreamt,” he said.

The prosecution of Mr. Hargrave was built on the work of the former detective Louis Scarcella and his partner, Stephen W. Chmil. It is one of dozens of cases that have come under review since accusations emerged that Mr. Scarcella once framed an innocent man. Six people have had their convictions overturned, one posthumously, since the Brooklyn district attorney’s office began its review in 2013.

But this is the first time that Mr. Scarcella’s investigative methods have come under direct judicial scrutiny, and Justice ShawnDya L. Simpson delivered a scathing review of his record.

Many of the cases under review date to an era when many neighborhoods were plagued by crime, with the city regularly registering well over 1,000 murders a year. It was in this environment that Mr. Scarcella made his name, gaining wide acclaim for solving murder cases.

Justice Simpson noted that Mr. Scarcella was something of “a legend” for getting so many convictions. “There’s a saying, when it’s too good to be true, it usually is,” she said.

Mr. Hargrave’s conviction, she said, was “based solely on identification of evidence by Detective Scarcella and Detective Chmil” and therefore “brings into question the due process and reliability in this trial.”

Justice Simpson said that if the case were tried today, there would most likely be a different outcome.  She also noted that since the time of the trial, no new evidence had emerged to support the prosecution, citing the lack of ballistics or serology testing, or a fingerprint match to identify Mr. Hargrave. “The scant evidence that convicted the defendant makes the newfound wrongdoing of Detective Scarcella significant,” Justice Simpson said.

Since the trial, she also said, “potentially exculpatory evidence” had been destroyed, further undermining the chances that Mr. Hargrave could find justice.  After the judge read her decision, Mr. Hargrave’s mother broke down in tears as others around her burst out with shouts of joy.

“Thank you, your honor!” his sister Monique Hargrave shouted. “Thank you, God.” Outside the courthouse, Mr. Hargrave’s mother, Shirley, was still trying to process the fact that her son would finally be set free.

“I have never been so happy in 23 years,” she said. “I’m just so glad it’s over, and I hope it never happens to anyone else.” During the proceeding, Mr. Hargrave sat stoically, despite the celebrations behind him. His lawyer, Pierre Sussman, embraced him in a long hug.

“This is the strongest condemnation from the court of Detective Scarcella and Detective Chmil,” Mr. Sussman said. “Mr. Hargrave went in at age 17, and he’s being released at age 40.”

Justice Simpson said that the district attorney’s office had 30 days to appeal the ruling but that if prosecutors did not present new evidence in that time, any new trial would have to rely on the flawed evidence gathered by the detectives. Mark Hale, the chief of the conviction review unit for the district attorney’s office, said prosecutors were reviewing the decision before deciding how to proceed.

The decision caps a long battle to win Mr. Hargrave’s freedom. The New York Times investigated Mr. Hargrave’s case as part of a series of articles examining Mr. Scarcella’s record.

In a September hearing on the motion to vacate the conviction, Mr. Hargrave’s lawyers argued that the case had problems that began with flawed work by Mr. Scarcella and continued through the trial.

Supporters of Mr. Hargrave at the hearing, the end of a long battle for his freedom. Now 40, he was sentenced to 30 years to life in prison at age 17. (Credit: Sam Hodgson for The New York Times) 

For instance, blood evidence was lost, making DNA testing impossible. And the case hinged on one witness: another correction officer who was in the car with the officer who was killed, in a 1991 shootout in Crown Heights.

Wrongfully Imprisoned Man Anthony Ray Hinton Released from Alabama's Death Row After 30 Years

By goodblacknews on April 3, 2015
screen_shot_20150403_at_4.49.31_pm
Anthony Ray Hinton wipes away tears as he stands outside the Jefferson County Jail in Alabama April 3, 2015, after serving 30 years on death row. (NBC News) 
Anthony Ray Hinton walked out of prison a free man Friday after nearly 30 years on Alabama’s death row. He stepped into the sunshine, praised God and thanked his lawyers, according to CNN.
Jefferson County Circuit Court Judge Laura Petro on Thursday dismissed the case against the 58-year-old man. One day earlier, prosecutors told the judge that they couldn’t link the bullets from the crime scene to Hinton, who always asserted his innocence in the 1985 murders of two men.
“All they had to do was to test the gun,” Hinton exclaimed to reporters, “but when you think you’re high and mighty and you’re above the law, you don’t have to answer to nobody.”
Hinton’s attorneys had long said that their client was another wrongfully convicted black man who faced a death sentence.
“Race, poverty, inadequate legal assistance and prosecutorial indifference to innocence conspired to create a textbook example of injustice,” said Bryan Stevenson, executive director of the Equal Rights Initiative and Hinton’s lead attorney, according to CNN. “I can’t think of a case that more urgently dramatizes the need for reform than what has happened to Anthony Ray Hinton.”
Prosecutors won a conviction even though there were no eyewitnesses, fingerprints or other physical evidence linking Hinton to the murder of two restaurant workers during a robbery.
Bullets at the crime scene had questionable links to a gun found in Hinton’s home. But tests raised doubts about whether the bullets were fired from that gun and, in fact, whether they were all fired from the same weapon.
On appeal, the U.S. Supreme Court ruled in Hinton’s favor, and he was granted a new trial. But the prosecutors struggled to put evidence together to win a conviction in the retrial. Consequently, they filed a motion to drop the charges.
Read more at CNN.
article by Nigel Roberts via theroot.com

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

screen_shot_20150320_at_4.34.43_pm
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

Marissa Alexander Finally Released From Jail

By goodblacknews on January 27, 2015
Marissa Alexander walks by her dad Raoul Jenkins and surrounded by her legal team and supporters after her sentencing in Jacksonville, Fla., Jan. 27, 2015. (Photo by Bob Mack/Florida Times-Union/AP)
Marissa Alexander walks by her dad Raoul Jenkins and surrounded by her legal team and supporters after her sentencing in Jacksonville, Fla., Jan. 27, 2015. (Photo by Bob Mack/Florida Times-Union/AP)

Marissa Alexander, the Florida mother whose case became a rallying cry for anti-racism activists and survivors of domestic violence, was released today after three years of incarceration.

Alexander had faced up to 60 years behind bars for firing a single shot near her abusive husband, unable to convince a jury she had feared for her life. A hearing Tuesday confirmed the terms: Having pleaded guilty to assault in exchange for credit for time served, she will be subject to two years of electronic monitoring and house arrest, except for approved appointments and employment.
Circuit Court Judge James Daniel acknowledged that the case had drawn national attention but claimed his decision was “not based on any public opinion of any larger issue of public interest or social concern, but on the specific facts of the case.”
Alexander’s case has long sparked outrage about the unequal application of the law for both black Americans and women. Alexander was prosecuted by Angela Corey, who was also the prosecutor in the trial of George Zimmerman, who was acquitted in the February 2012 killing of Trayvon Martin. Corey did not appear at Tuesday’s hearing.
“We are thrilled that Marissa will finally be reunited with her children, her family, and her community,” said Sumayya Coleman, co-lead of the Free Marissa Now Mobilization Campaign. “Today’s hearing revealed that Alexander intends to attend school to become a paralegal and she is a wonderful mother to her children who urgently need her. Amazingly, the State continued their campaign of punishment by trying to add two more years of probation.” But the state didn’t get its way.
In November, Alexander pleaded guilty to three counts of aggravated assault with a weapon in exchange for credit for time served. A second trial had been planned for December, when Corey had planned to seek a 60-year sentence, triple the 20-year sentence Alexander got in her first trial.
The Free Marissa Now Mobilization Campaign and The Monument Quilt wrote on Facebook that “350 quilt squares containing stories from survivors of domestic violence and sexual assault will blanket the Duval County Courthouse lawn to let Jacksonville and the world know Marissa is NOT ALONE.” A fundraiser on Alexander’s behalf exceeded its goals, raising $58,297 from 1,122 backers on the site GoGetFunding.
“We have always believed that forcing Marissa to serve even one day in prison represents a profound and systemic attack on black women’s right to exist and all women’s right to self-defense,” the Free Marissa Now Mobilization Campaign said in a statement after Alexander’s plea deal.
The incident in question took place in 2010, nine days after Alexander, now 34, gave birth to a daughter. Alexander testified that her estranged husband, Rico Gray, had physically abused her several times and that on that day, he threatened to kill her. No one was injured, but a jury convicted her in about 12 minutes.
article by Irin Carmon via msnbc.com

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.