14 People have be Exonerated from Life In Prison charges in one year in Brrooklyn:
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14 People have be Exonerated from Life In Prison charges in one year in Brrooklyn:
Joel Fowler wore his green, prison-issued clothes for the last time on Tuesday.
Standing in a Brooklyn courtroom, Mr. Fowler became the latest person to be freed from prison after questions surfaced about the integrity of a case brought by the Brooklyn district attorney’s office.
Mr. Fowler, 25, was barely 18 in 2008 when he was arrested and charged with second-degree murder in the death of 24-year-old Duane Smith in Flatbush the previous year. After being convicted, he was sentenced in 2009 to 25 years to life in prison.
On Tuesday, he listened as Mark Hale, chief of the district attorney’s office’s Conviction Review Unit, described in State Supreme Court the “multifaceted confluence of issues” that led to the wrongful conviction of Mr. Fowler, including ineffective counsel, an unreliable witness and a false confession from a frightened Mr. Fowler.
“This confluence in which the jury’s fact-finding process regarding this case was so corrupted,” Mr. Hale said, “that we cannot have any confidence in their verdict.”
Mr. Hale, who spent a year reviewing the case, said there were four other witnesses, none of whom the defense had called to testify, who said Mr. Fowler did not shoot Mr. Smith. He asked Justice Matthew J. D’Emic to vacate Mr. Fowler’s conviction.
Mr. Fowler, Mr. Hale said, had “nothing to do with the matter and was nowhere near the incident.”
Mr. Fowler is the 14th person to be exonerated in Brooklyn since Kenneth P. Thompson became district attorney in January 2014. Mr. Thompson inherited a bevy of potential wrongful conviction cases from his predecessor, Charles J. Hynes, who created the Conviction Review Unit. The unit, which has 10 full-time prosecutors and three full-time investigators, works on 100 to 120 cases at any time. Among the cases it has been examining are dozens connected to a retired Police Department detective, Louis Scarcella, who has been accused of using illegal tactics to frame suspects. Mr. Scarcella was not involved in Mr. Fowler’s case.
The most common factors in the exonerations are consistent with those in Mr. Fowler’s case: the prosecution’s reliance on an unreliable witness, a failure to turn over evidence, and the ineffectiveness of defense counsel. Of the 14 convictions to be vacated since Mr. Thompson took office, Mr. Fowler’s is the first to have come after 2000. The others occurred from 1985 to 1997.
“We are determined to correct miscarriages of justice whenever we find them,” Mr. Thompson said in a statement. “This is the right thing to do.”
After listening to Mr. Hale’s request, Justice D’Emic took less than 10 minutes to grant Mr. Fowler’s release.
Mr. Fowler remained composed upon hearing the decision, hugging his lawyers with one arm. He walked quietly out of the courtroom with his mother, sister and niece.
“You no longer have to keep your hands in the back of you,” Lynn Fahey, a lawyer with Appellate Advocates who worked on the case for a year and a half, said.
Mr. Fowler moved his hands to the front of the smock he would soon shed and smiled.
http://www.nytimes.com/2015/08/05/nyregion/another-exoneration-in-brooklyn-brings-total-since-last-year-to-14.html
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 14!
Standing in a Brooklyn courtroom, Mr. Fowler became the latest person to be freed from prison after questions surfaced about the integrity of a case brought by the Brooklyn district attorney’s office.
Mr. Fowler, 25, was barely 18 in 2008 when he was arrested and charged with second-degree murder in the death of 24-year-old Duane Smith in Flatbush the previous year. After being convicted, he was sentenced in 2009 to 25 years to life in prison.
On Tuesday, he listened as Mark Hale, chief of the district attorney’s office’s Conviction Review Unit, described in State Supreme Court the “multifaceted confluence of issues” that led to the wrongful conviction of Mr. Fowler, including ineffective counsel, an unreliable witness and a false confession from a frightened Mr. Fowler.
“This confluence in which the jury’s fact-finding process regarding this case was so corrupted,” Mr. Hale said, “that we cannot have any confidence in their verdict.”
Mr. Hale, who spent a year reviewing the case, said there were four other witnesses, none of whom the defense had called to testify, who said Mr. Fowler did not shoot Mr. Smith. He asked Justice Matthew J. D’Emic to vacate Mr. Fowler’s conviction.
Mr. Fowler, Mr. Hale said, had “nothing to do with the matter and was nowhere near the incident.”
Mr. Fowler is the 14th person to be exonerated in Brooklyn since Kenneth P. Thompson became district attorney in January 2014. Mr. Thompson inherited a bevy of potential wrongful conviction cases from his predecessor, Charles J. Hynes, who created the Conviction Review Unit. The unit, which has 10 full-time prosecutors and three full-time investigators, works on 100 to 120 cases at any time. Among the cases it has been examining are dozens connected to a retired Police Department detective, Louis Scarcella, who has been accused of using illegal tactics to frame suspects. Mr. Scarcella was not involved in Mr. Fowler’s case.
The most common factors in the exonerations are consistent with those in Mr. Fowler’s case: the prosecution’s reliance on an unreliable witness, a failure to turn over evidence, and the ineffectiveness of defense counsel. Of the 14 convictions to be vacated since Mr. Thompson took office, Mr. Fowler’s is the first to have come after 2000. The others occurred from 1985 to 1997.
“We are determined to correct miscarriages of justice whenever we find them,” Mr. Thompson said in a statement. “This is the right thing to do.”
After listening to Mr. Hale’s request, Justice D’Emic took less than 10 minutes to grant Mr. Fowler’s release.
Mr. Fowler remained composed upon hearing the decision, hugging his lawyers with one arm. He walked quietly out of the courtroom with his mother, sister and niece.
“You no longer have to keep your hands in the back of you,” Lynn Fahey, a lawyer with Appellate Advocates who worked on the case for a year and a half, said.
Mr. Fowler moved his hands to the front of the smock he would soon shed and smiled.
http://www.nytimes.com/2015/08/05/nyregion/another-exoneration-in-brooklyn-brings-total-since-last-year-to-14.html
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 14!
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