GIST: "After Benjamin Joseph was robbed at gunpoint outside his New Orleans home one night almost nine years ago, he described his attacker to the police: a Black man with a slim build who was wearing a pullover hoodie, Joseph said. |
Eighteen hours later, the police made a curious decision. They arrested a teenager named Yutico Briley — even though he was heavyset and wearing a zip-up hoodie — while he was walking in Joseph’s neighborhood. Briley was Black and carrying a gun, which was evidently enough for officers to consider him a suspect. |
From there, the case followed a course that’s more common than it should be. The police and prosecutors moved aggressively, seeming to care more about securing a conviction than making sure they were convicting the right person. |
Instead of putting together a lineup that included Briley and several other men, the police brought him — and him alone — to Joseph and asked if Briley was the robber. “It seemed really unprofessional,” Joseph would say later. It is also a common way to produce false identification, research has found. Sure enough, Joseph identified Briley as the robber. |
Later, investigators failed to collect evidence that could have cleared Briley, like security-camera footage and cellphone records that would have confirmed where he was when the robbery occurred. His original lawyers failed to do so, too. By the time other lawyers tried to do it, the records had been erased. |
Ultimately, a jury convicted Briley based largely on Joseph’s identification, and a judge sentenced him to 60 years in prison without the possibility of parole. He had no prior violent convictions on his record. It was a virtual life sentence for a 19-year-old convicted of a single crime on extremely thin evidence. |
‘So many other Yuticos’ |
There are almost certainly tens of thousands of Americans who are now imprisoned for crimes they did not commit. (Several studies have suggested a nationwide wrongful conviction rate of at least 3 percent.) A disproportionate share of the wrongly convicted are Black men. |
By now, you’ve probably read at least a few stories about these injustices. They can be both depressing and enraging. But I encourage you to make some time today or this week to read the story of Yutico Briley. It appears in The Times Magazine, written by my colleague Emily Bazelon. It is in many ways “crushingly ordinary,” as Emily says. But it is also different. |
It’s an unusually personal story for Emily, about what happened after Briley contacted her from prison and she then decided to research his case. It is also a story of what can happen when prosecutors and judges are willing to revisit old cases with open minds. |
“There are so many other Yuticos sitting in jail,” Jason Williams, the New Orleans district attorney, who took office this year, told Emily." ------------------------------------------------- The entire commentary can be read at: PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog; ----------------------------------------------------------------- FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices." Lawyer Radha Natarajan: Executive Director: New England Innocence Project; ————————————————————————————————— FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true! Christina Swarns: Executive Director: The Innocence Project; |
