BACKGROUND: "Alice Sebold, the best-selling author of the memoir “Lucky” and the novel “The Lovely Bones,” apologized publicly on Tuesday to a man who was wrongly convicted of raping her in 1982 after she had identified him in court as her attacker. The apology came eight days after the conviction of the man, Anthony J. Broadwater, was vacated by a state court judge in Syracuse, N.Y., who concluded, in consultation with the local district attorney and Mr. Broadwater’s lawyers, that the case against him was deeply flawed. As a result of the conviction, Mr. Broadwater, 61, spent 16 years in prison before being released in 1998 and was forced to register as a sex offender. In a statement posted on the website Medium, Ms. Sebold, who described the rape and the ensuing trial in “Lucky,” said she regretted having “unwittingly” played a part in “a system that sent an innocent man to jail.”
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QUOTE OF THE DAY: "Mr. Broadwater, in an interview with The New York Times on Tuesday, said he was “relieved and grateful” for Ms. Sebold’s apology.
“It took a lot of courage, and I guess she’s brave and weathering through the storm like I am,” he said. “To make that statement, it’s a strong thing for her to do, understanding that she was a victim and I was a victim too.”
Ms. Sebold was 18 and a student at Syracuse University when the rape that led to Mr. Broadwater’s wrongful conviction occurred.
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PASSAGE OF THE DAY: (APOLOGY): "I am grateful that Mr. Broadwater has finally been vindicated, but the fact remains that 40 years ago, he became another young Black man brutalized by our flawed legal system. I will forever be sorry for what was done to him. Today, American society is starting to acknowledge and address the systemic issues in our judicial system that too often means that justice for some comes at the expense of others. Unfortunately, this was not a debate, or a conversation, or even a whisper when I reported my rape in 1981. It has taken me these past eight days to comprehend how this could have happened. I will continue to struggle with the role that I unwittingly played within a system that sent an innocent man to jail. 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."
THE APOLOGY:
"First, I want to say that I am truly sorry to Anthony Broadwater and I deeply regret what you have been through.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. Of the many things I wish for you, I hope most of all that you and your family will be granted the time and privacy to heal.
40 years ago, as a traumatized 18-year-old rape victim, I chose to put my faith in the American legal system. My goal in 1982 was justice — not to perpetuate injustice. And certainly not to forever, and irreparably, alter a young man’s life by the very crime that had altered mine.
I am grateful that Mr. Broadwater has finally been vindicated, but the fact remains that 40 years ago, he became another young Black man brutalized by our flawed legal system. I will forever be sorry for what was done to him.
Today, American society is starting to acknowledge and address the systemic issues in our judicial system that too often means that justice for some comes at the expense of others. Unfortunately, this was not a debate, or a conversation, or even a whisper when I reported my rape in 1981.
It has taken me these past eight days to comprehend how this could have happened. I will continue to struggle with the role that I unwittingly played within a system that sent an innocent man to jail. 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.
Throughout my life, I have always tried to act with integrity and to speak from a place of honesty. And so, I state here clearly that I will remain sorry for the rest of my life that while pursuing justice through the legal system, my own misfortune resulted in Mr. Broadwater’s unfair conviction for which he has served not only 16 years behind bars but in ways that further serve to wound and stigmatize, nearly a full life sentence."
The entire apology can be read at:
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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.
