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 Wed Oct 22, 2014 9:03 am |
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I , like many others, had long thought Rubin Carter, who died this year in April, innocent of the murders for which he was imprisoned for many years. But, I found many articles (mainly from a Wikipedia summary) that indicated that the judge who issued a writ of Habeus Corpus to Rubin Carter and therein overturned his conviction did so without sufficicient reason. There is ample evidence, which seems undeniable, that Ruben Carter engaged in criminal activities and that he may not have been a nice man. There is also evidence he had severe problems with anger management. But it is also true that after his release from prison he spent many years working for others who were falsely imprisoned. However, on reading the transcript of the judges opinion who overturned the conviction of Ruben Carter there is no doubt that Ruben Carter was “falsely tried” most likely in an involved conspiracy by the prosecution (for whatever reasons). The transcript is a long read but it is very interesting and in no way can the judges reasoning be called questionable. Ruben Carter was falsely convicted, denied due process, and suffered nearly 20 years of imprisonment as a result. This transcript is from a footnote in the Wikipedia account of Carter’s life and case. It is as if the authors of the Wikipedia articles never read this transcript.
Reasoning by the Appeals Court judge (District Judge Sarokin of the United States District Court, New Jersey) who ultimately overturned the case.
http://www.leagle.com/decision/19851154621FSupp533_11085.xml/CARTER%20v.%20RAFFERTY
Section A. The Harrelson Polygraph
| Quote: | | Understandably concerned, the state arranged for a polygraph examination by Professor Leonard H. Harrelson on August 7, 1976. The purpose of the examination, according to the then prosecutor, was to evaluate Bello's credibility, including "whether he was telling the truth or lying when he said he was in the bar at the time of the shooting," Carter IV, 91 N.J. at 133, 449 A.2d 1280. As a result of the polygraph, Harrelson concluded that Bello was telling the truth when he said he was in the bar shortly before and at the time of the shooting (5/19/81H79,131). He also concluded that Bello saw Carter and Artis outside of the bar after the shooting. Id. The same day, he gave an oral report of his findings to Passaic County Assistant Prosecutor Kayne and Chief of Detectives DeSimone. DeSimone told Harrelson that his conclusion was impossible; that Bello could not have been inside the bar at the time of the shooting. Id. Bello ultimately testified for several days at the 1976 trial, but the subject of the lie detector test was not brought out before the jury.
Harrelson testified at a post-trial remand hearing that he told the prosecutors his report was not tentative or preliminary and although he would not change his opinion, he would follow the verbal report up with a written "final" report. (5/19/H131-134) On August 11, 1976, Harrelson gave the same verbal report by telephone, and two weeks later he sent his written report to the prosecutor. The confusion that ensued was aptly described by Justice Clifford in his incisive dissent to the opinion of the New Jersey Supreme Court:
[621 F.Supp. 548]
For reasons that can charitably be described as unfortunate, in his later written report of his test the polygraphist summarized his findings with the opinion that Bello's 1967 trial testimony (which contained the "on-the-street" version) was "true": unfortunate, because Harrelson had never read Bello's 1967 testimony and no representative of the prosecution had enlightened him as to that testimony and hence he was plainly—and grievously — mistaken as to the location from which Bello said, in 1967, that he had witnessed the events before and after the slayings; doubly unfortunate, because although the State continued to promote the notion that Harrelson's "in-the-bar" conclusion was only tentative [footnote omitted], Harrelson specifically and adamantly insisted that he never used those or any similar words or ever made the statement to "anyone at all on the face of the earth that [he] was unsure of Bello's test results * * *"; and, most unfortunate of all, because the prosecution never told the defense the critical finding of Harrelson's test — that Bello was in the bar. |
Section F. Materiality Standard
| Quote: | | Absent the potent ammunition this knowledge would have afforded the defense, Bello was free to say that he had selected this one of several versions because it was "true." However, if defendants had known all of the relevant facts, they could have argued not only that the choice was predicated upon facts submitted by the prosecution, but that those facts were false. The jury could well have concluded then that if Bello had been told that the "in-the-bar" version or some other version was found true by the polygrapher, he would have told that version. From those circumstances the jury could have concluded that Bello's choice of the final version was not a decision based on truth but rather one influenced by a premise, and a false one at that, furnished by the prosecution.
Although a finding of intentional misconduct on the part of the prosecution enhances petitioners' argument, it makes no real difference under the factual circumstances of this case. Whether the conduct was deliberate or negligent, the consequences to the petitioners were the same: they were deprived of a vital opportunity to totally discredit the key and only eyewitness to the crime. Indeed, if the trial court knew and was satisfied that Bello finally selected one of his many versions merely because he was told that it was independently confirmed by the polygrapher (albeit mistakenly), it might well have stricken his entire testimony. |
The Totality of Circumstances
| Quote: | | 4. The Bullet and Shell: The state produced a live shotgun shell and a live revolver bullet, each respectively matching the caliber of the weapons used at the Lafayette Bar. (36T46-64) A Paterson police detective testified he found the shell, a .12 gauge "Western," in the trunk of Carter's car under boxing equipment and found a .32 caliber S & W long bullet on the floor of the front seat (35T127-130). A newspaper reporter friendly with the detective and present in the early morning hours at the police garage where the discovery took place testified that he saw the detective find the ammunition. (35T277-315) Two other people testified that the detective told them about the discovery soon afterward.
Petitioners argue that the detective who found the ammunition had not vouchered it with the police property clerk for five days. The significance of the delay, according to petitioners' theory, is that the detective either intentionally or unintentionally produced
[621 F.Supp. 557]
ammunition found earlier that evening in the course of investigating the Holloway killing. The bullet found in the Carter car was brass cased, rather than copper coated like those found at the Lafayette Bar. (36T63, 75) Similarly, the shotgun shell found in the Carter car was an older model, with a different wad and color. (36T89, 90, 234, 236).
Moreover, in his reports on the Holloway murder, the detective had identified two type of shells found as Sears Sportsload and Western (35T144-160). The detective later amended his report to say there were no Westerns found after the Holloway murder. (35T144, 152) |
In the summary by Judge Sarokin there is also ample evidence that the prosecution tampered with a number of witnesses in the case based on their earlier (1967 trial) and later (1976 Appeals Court) testimony.
I am satisfied that Ruben Carter, though a criminal at the time, was falsely convicted of murder.
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DIYSteve
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Wed Oct 22, 2014 9:25 am |
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The evidence against Carter on the murder charge was flimsy as hell. Wrongful convictions are commonplace. That Bob Dylan made Carter a celebrity distinguishes him from thousands of other wrongly convicted prison inmates. Frontline recently aired an update to the 2010 Death By Fire documentary re Todd Willingham, who was executed for a crime that he did not commit; the conviction based on local yokel self-appointed arson "experts" who made erroneous conclusions based on unscientific myth-based theories and a jailhouse informant compulsive liar who was given breaks by the prosecutor in exchange for false testimony. Rick Perry refused to stay the execution notwithstanding overwhelming scientific evidence exonerating Willingham. Sickening. Project Innocence has filed a grievance against the prosecutor with the Texas Bar. I hope it sticks. The good news is that Project Innocence is out there and some states (e.g., WA) have cleaned up their acts.
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MtnGoat
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Wed Oct 22, 2014 10:36 am |
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There's no place for the barbarism of the death penalty for many reasons, wrongful conviction, however rare, is just one more.
Diplomacy is the art of saying 'Nice doggie' until you can find a rock. - Will Rogers
Diplomacy is the art of saying 'Nice doggie' until you can find a rock. - Will Rogers
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DIYSteve
seeking hygge
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DIYSteve
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Wed Oct 22, 2014 11:01 am |
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| MtnGoat wrote: | | . . . however rare. . . |
From The Innocence Project website: | Quote: | | . . . wrongful convictions are not isolated or rare events. . . .
* * *
Since 1989, there have been tens of thousands of cases where prime suspects were identified and pursued—until DNA testing (prior to conviction) proved that they were wrongly accused.
* * *
Eyewitness misidentification testimony was a factor in 72 percent percent of post-conviction DNA exoneration cases in the U.S., making it the leading cause of these wrongful convictions.
* * *
Unvalidated or improper forensic science played a role in 49 percent of wrongful convictions later overturned by DNA testing.
* * *
False confessions and incriminating statements lead to wrongful convictions in approximately 27 percent of cases. Looking only at the homicide cases, false confessions are the leading contributor to wrongful convictions, contributing to 64 (62%) of the 104 homicide wrongful convictions that were overturned by DNA evidence, where as misidentifications contributed to only 32 (31%) of the homicide wrongful convictions. Thirty of the DNA exonerees pled guilty to crimes they did not commit.
* * * |
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Hulksmash
Cleaning up.
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Hulksmash
Cleaning up.
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Wed Oct 22, 2014 1:00 pm |
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How is this not politics?
"Bears couldn't care less about us....we smell bad and don't taste too good. Bugs on the other hand see us as vending machines." - WetDog
Albuterol! it's the 11th essential
"Bears couldn't care less about us....we smell bad and don't taste too good. Bugs on the other hand see us as vending machines." - WetDog
Albuterol! it's the 11th essential
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DIYSteve
seeking hygge
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DIYSteve
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Wed Oct 22, 2014 1:12 pm |
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How is it politics? The failings of the criminal justice system is a nonpartisan matter.
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Tom
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Tom
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Wed Oct 22, 2014 1:17 pm |
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Easy for politics to creep in. I'll leave this open as long as folks can stay on topic as opposed to debating the merits of the death penalty, etc.
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gb
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Wed Oct 22, 2014 4:10 pm |
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My interest in this originally was in the song by Bob Dylan and the movie of the name "Hurricane" starring Denzel Washington. Not only did I like the music of the Dylan song (my favorite song of his many great songs) but I found his lyrics and the depiction of the events in the movie deeply moving.
So, I decided to read about Ruben "Hurricane" Carter yesterday, thinking him to be an interesting character. The first item that came up in Google was the Wikipedia page on Carter. I was appalled at the tone of that page, it seemed not to present the details of Carter's life; but became lost in a series of footnoted references that impugned his character to the point of forcing one to doubt the validity of the overturning of his sentence. But there was one glaring item that seemed to be overlooked in the tone of the Wiki page; one of the footnotes opened the page for the summary by Judge Sarokin.
After reading the summary there could be little doubt of his innocence. Whether he was a good man or not, who knows. But it is clear he spent many years of his life fighting for others who had been similarly wronged. His dedication to this effort, by itself, speaks volumes about his innocence of the charge of murder and of the effort he made to see that justice was done. He was clearly a good citizen in the latter years of his life.
RIP Ruben Carter
I intend to read more about his efforts towards finding that justice was done for many individuals.
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Ski
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Ski
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Wed Oct 22, 2014 4:17 pm |
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| BigSteve wrote: | | Wrongful convictions are commonplace. |
quite true. particularly in municipalities where law enforcement agencies are corrupt to the core.
and sometimes there's absolutely nothing one can do about it.
"I shall wear white flannel trousers, and walk upon the beach.
I have heard the mermaids singing, each to each."
"I shall wear white flannel trousers, and walk upon the beach.
I have heard the mermaids singing, each to each."
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