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.”
Lawyers for McCallum, now 45, wrote Thompson a letter in January arguing that neither DNA nor handprints found at the scene of the crime matched those of McCallum or Stuckey. The convictions were dependent on their confessions, which the suspects, then both 16, immediately recanted. In 2012, McCallum told a parole board; “I was beaten by the officers and I was coerced into making a confession.”
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.
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 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
Jabbar Collins, shown at his lawyer’s office in Midtown Manhattan on Tuesday. (RUTH FREMSON / THE NEW YORK TIMES)
After three years of litigation, Jabbar Collins, a man who spent 16 years in prison for a murder he did not commit, has reached a $10 million settlement with New York City.
Mr. Collins had been convicted of the 1994 killing of an Orthodox rabbi. He was released from prison in 2010, when a federal judge vacated his conviction and criticized the district attorney’s office for its handling of Mr. Collins’s trial.
The case is notable because it exposed questionable policies under the former Brooklyn district attorney, Charles J. Hynes. Along the way, Mr. Collins’s lawyer, Joel B. Rudin, deposed Mr. Hynes and his top assistants, providing a rare look at how a powerful district attorney ran his office.
Mr. Rudin accused the office of detaining reluctant witnesses in hotel rooms until they agreed to testify, and of advising its lawyers not to take notes when prosecution witnesses gave inconsistent statements to avoid potentially exculpatory evidence. The city’s lawyers have challenged these claims.
The settlement is also notable for its size: Mr. Collins will receive a little more than $600,000 per year served, about a third less than the five men exonerated in the Central Park jogger case, who settled with the city this summer for about $1 million for each year in prison. The lawsuit was scheduled to go to trial in October.
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.”
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
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.”
ANGOLA, 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.
As he leaves the courthouse a free man after 44 years, renowned political prisoner Marshall “Eddie” Conway is flanked by his attorneys, Robert Boyle and Phillip G. Dantes, and backed by supporters. (Photo: Laura Whitehorn)
A small hearing March 4, 2014, in an obscure courtroom at the Circuit Court for Baltimore City ended with the release of former Black Panther Marshall Edward Conway, who has spent nearly 44 of his 67 years in maximum security prisons. Eddie, as he is known to his thousands of supporters, entered the courtroom wearing a Department of Corrections sweatshirt, in handcuffs and leg chains, and walked out of the courthouse about an hour later in civilian clothes to greet a host of family, supporters and old friends:
“I am filled with a lot of different emotions after nearly 44 years in prison. I want to thank my family, my friends, my lawyers and my supporters; many have suffered along with me.”
Marshall “Eddie” Conway headed the Black Panther Party in Baltimore.
Despite Eddie Conway’s insistence on his innocence, it took years for Conway and his attorneys to find a way to overturn his conviction. Finally, in May 2012, the Maryland Court of Appeals ruled in the case of Unger v. State that a Maryland jury, to comply with due process as stated in the U.S. Constitution, must be convinced beyond a reasonable doubt that someone charged with a crime is guilty before that jury can convict the defendant. What made this decision momentous for many people in prison, including Conway, is that it applied retroactively.
Robert Boyle and Phillip G. Dantes, attorneys for Conway, filed a motion on his behalf based on this ruling, arguing that the judge in Conway’s trial had not properly instructed the jury that this “beyond a reasonable doubt” proviso was mandatory for conviction. Based on this motion, they negotiated an agreement whereby Conway would be resentenced to time served and be released from prison. In exchange, Conway and his lawyers agreed not to litigate his case based on the Unger ruling.
As he walked away from the courthouse, Boyle said: “It’s a big day for Black political prisoners that one of them has finally gotten out. I feel that (the late mayor of Jackson, Mississippi) Chokwe Lumumba was speaking into the judge’s ear, to urge him to let this happen.”
Eddie’s attorney, Robert Boyle, said: “It’s a big day for Black political prisoners that one of them has finally gotten out. I feel that (the late mayor of Jackson, Mississippi) Chokwe Lumumba was speaking into the judge’s ear, to urge him to let this happen.”
Scores of former Black Panthers are serving virtual life sentences in prison, largely the result of the efforts of J. Edgar Hoover, who ordered his FBI in the 1960s and ‘70s to target the Black Panther Party – as revealed by the 1977 Church Committee Senate hearings. The first Panther chapter was started in 1966 in Oakland, California, but by the time a chapter was formed in Baltimore in 1968, the FBI had had ample time to insert more than its usual share of informants into the fledgling organization.
The FBI, moreover, often worked in league with various municipal police departments. As Conway wrote in his political memoir, “The alleged murder of police officers would soon take the place of the mythological rape of white women as the basis for the legal lynching of Black men.”
first evening as a free man with his niece Briana Brown, 7, step daughters, friends and family at his aunt Valdine Brown’s home in Torrance on DECEMBER 21, 2013. He spent a decade behind bars for a fatal shooting in 2002 but after filing appeals was found not guilty by a jury and released Friday evening. ( Bob Chamberlin / Los Angeles Times ) DeAndre Howard spent more than a decade in prison for a murder he knew he didn’t commit. After years of fighting for his innocence from behind bars, a federal judge had finally granted him an appeal. Prosecutors, he said, gave him a choice. He could plead guilty to involuntary manslaughter and get out in time for a Thanksgiving dinner with his family. Or he could go back to trial and risk spending the rest of his life in prison.
He chose trial. That felt final. It felt right. “There was no need to compromise your integrity just so you can go free,” he said. “I felt that’s something you have to hold firm to even if your life is on the line.” On Friday, after 11 years behind bars, Howard, 31, walked out of a courtroom in downtown Los Angeles a free man after a jury acquitted him of murder and attempted murder.
Dressed in a black jumpsuit from county jail, he had trouble finding a pay phone. Someone let him borrow a cellphone. He made several calls to relatives who weren’t expecting his release until several days later. A cousin picked him up at a bus stop near the courthouse. “I was looking at all the buildings and breathing the nice cold air,” he said. “This was freedom.”
ANGOLA, 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 
