PUBLISHER'S NOTE:This Blog is interested in false eye-witness identification issues because wrongful identifications are at the heart of so many DNA-related exonerations in the USA and elsewhere - and because so much scientific research is being conducted with a goal to making the identification process more transparent and reliable- and less subject to deliberate manipulation. I have also reported far too many cases over the years - mainly cases lacking DNA evidence (or other forensic evidence pointing to the suspect - where the identification is erroneous - in spite of witness’s certainty that it is true - or where the police have somehow rigged the identification process in order to make a desired identification inevitable.
Harold Levy: Publisher: The Charles Smith Blog.
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PASSAGE OF THE DAY: "
His wrongful conviction came to light after an executive producer working on a film adaptation of Lucky raised questions over the case, and later hired a private investigator. "Certain things leapt out at me as being unusual in the American criminal justice system - specifically the line-up procedure where Alice picked the wrong person as her assailant… but they tried him [Mr Broadwater] anyway," Timothy Mucciante told the BBC's Today programme. He said he discussed his concerns with other members of the production team, but was assured that the book had been vetted and reviewed by lawyers. "In June, I was separated from the picture, and... about a week later or so I contacted the private investigator," he said. Mr Mucciante said he hired the investigator on a Wednesday, and by the Friday both men were convinced there had been a miscarriage of justice. He described it as a "terrific tragedy... not only in terms of the unfortunate assault of Alice, but also the sort of metaphoric assault of Anthony Broadwater, who spent 16 years in prison and 23 years after that as a registered sex offender".
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STORY: "Alice Sebold apologises to man cleared of her rape," published by BBC News (without attribution) on December 1, 2021.
GIST: "
American author Alice Sebold has apologised for her part in the wrongful conviction of a man who was cleared last week of raping her in 1981. In her memoir Lucky, she described being raped and later telling police she had seen a black man in the street who she believed was her attacker.
Anthony Broadwater was arrested and convicted, spending 16 years in prison.
A statement from Mr Broadwater, released via his lawyers, said he was "relieved that she has apologised".
In Ms Sebold's apology statement, she said: "I am sorry most of all for the fact that the life you could have led was unjustly robbed from you, and I know that no apology can change what happened to you and never will".
His wrongful conviction came to light after an executive producer working on a film adaptation of Lucky raised questions over the case, and later hired a private investigator.
"Certain things leapt out at me as being unusual in the American criminal justice system - specifically the line-up procedure where Alice picked the wrong person as her assailant… but they tried him [Mr Broadwater] anyway," Timothy Mucciante told the BBC's Today programme.
He said he discussed his concerns with other members of the production team, but was assured that the book had been vetted and reviewed by lawyers.
"In June, I was separated from the picture, and... about a week later or so I contacted the private investigator," he said.
Mr Mucciante said he hired the investigator on a Wednesday, and by the Friday both men were convinced there had been a miscarriage of justice.
He described it as a "terrific tragedy... not only in terms of the unfortunate assault of Alice, but also the sort of metaphoric assault of Anthony Broadwater, who spent 16 years in prison and 23 years after that as a registered sex offender".
Mr Mucciante said it was "impossible" for him "to lay any blame at the 18-year-old Alice Sebold" for the wrongful conviction.
"I read Alice's apology and Anthony was very gracious in accepting that apology and I really applaud him for that. That's the kind of person he is," he said.
Upon hearing the news that he had been cleared of the crime, Mr Broadwater, 61, told AP news agency that he was crying "tears of joy and relief".
Ms Sebold said in her statement that she had spent the last eight days trying to "comprehend how this could have happened".
"I will also grapple with the fact that my rapist will, in all likelihood, never be known, may have gone on to rape other women, and certainly will never serve the time in prison that Mr Broadwater did," she added.""
The entire story 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;
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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;
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FINAL, FINAL, FINAL WORD: "It is incredibly easy to convict an innocent person, but it's exceedingly difficult to undo such a devastating injustice.
Jennifer Givens: DirectorL UVA Innocence Project.
