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NYC to Pay $40 Million to Central Park Five Defendants

Some justice at last to the Central Park Five -- New York City agreed to pay $40 million to the five Black and Latino men wrongfully charged as teens with the rape of a Central Park jogger in 1989.

Kharey Wise, Antron McCray, Kevin Richardson, Raymond Santana and Yusef Salaam were exonerated in 2002. They filed their lawsuit in 2003. It has taken the city 12 years to finally pay up.

Four of them served 7 years in prison and one served 13 years. Their convictions, largely the product of false and coerced confessions, were overturned when the true perpetrator, Mattias Reyes confessed. DNA evidence confirmed he was the rapist, and although he could not be charged due to the statute of limitations, by the time of his confession he was already serving a 33 year to life sentence for other rapes. More background here. Also see When Justice is a Game and Marked as the Enemy, and New Light on Jogger's Rape Calls Evidence Into Question.[More...]

This case was a travesty.
The footprints and semen didn’t match; there was no blood or mud on the defendants’ clothing; their supposed confessions were factually wrong; and one police officer testified that the wording in three of the written confessions was his own. A forensic expert testified that the hair samples were “more consistent” with Caucasian than African-American hair, but the prosecution successfully argued that this meant they were not inconsistent. Even after their exoneration, prosecutor Linda Fairstein maintained that the young men had to have been responsible for a number of other park muggings that night, but the timeline does not add up, and none of the victims of those muggings were able to conclusively identify any of the defendants.

A special "Bronx Cheer" should go out to Donald Trump, who took out a full page newspaper ad calling for the teens' execution and for NY to restore the death penalty, and former Deputy District Attorney Linda Fairstein, now a crime novelist, whose conduct in the case was specifically criticized in the dissenting opinion of Judge Vito Titone in Yusef Saalem's case. According to the author of the "When Justice is a Game" article, Judge Titone later told Newsday:

I was concerned about a criminal justice system that would tolerate the conduct of the prosecutor, Linda Fairstein, who deliberately engineered the 15-year-old's confession. . . . Fairstein wanted to make a name. She didn't care. She wasn't a human."
Also see, Ash-Blond Ambition.
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  • Display: Sort:
    Would be nice if the money could come from (5.00 / 4) (#1)
    by ruffian on Fri Jun 20, 2014 at 07:08:36 AM EST
    Trumps personal funds.

    Really glad to see some justice here, even though 13 years of life in prison is impossible to quantify financially. Hope it gives these guys another chance at life.

    How about if Fairstein (5.00 / 3) (#2)
    by Zorba on Fri Jun 20, 2014 at 08:18:53 AM EST
    kicked in a huge amount, too?
    She must be making some money off her books.

    Parent
    Was living in NY (5.00 / 2) (#3)
    by CaptHowdy on Fri Jun 20, 2014 at 09:23:15 AM EST
    When this happened.  It was a stinking hot mess from the start.  And Trump, don't get me started.  If there is a hell that man has a stall waiting.  He has left a slime trail through history that is unrivaled in the modern age.

    Parent
    Once again... (5.00 / 2) (#4)
    by kdog on Fri Jun 20, 2014 at 11:17:04 AM EST
    NYC taxpayers pay for the crimes of the police and district attorney's office.  Doesn't seem fair on it's face, but since the people of the city of NY are responsible for their government I guess it is fair.  The answer is for the people to demand better and vote for better.  

    At the very least these settlements and verdicts should come directly out of the police and DA budgets though...if we can't/won't reign them in bia the vote, nor hold individuals responsible for their dirty, we can at least make the settlements hurt the systems that caused them and give them less money to ruin more lives.

    Most likely the city is insured against this type (5.00 / 1) (#6)
    by ruffian on Fri Jun 20, 2014 at 07:21:06 PM EST
    of liability and no one responsible will see any hit at all. I don't remember if anyone paid any price in employment status.

    Premiums may go up though, which will hit all the taxpayers. But the amount of increase spread that widely will not be enough to change voting habits. Hopefully conscience will though.

    Parent

    coerced confessions (5.00 / 2) (#8)
    by Lfrieling on Sat Jun 21, 2014 at 08:21:46 AM EST
    It is still startling to me, even after 38 years of criminal lawyering, that confessions can be coerced with out-and-out water boarding or other blatant torture.

    I have of course learned that my instincts were just plain wrong.  i see two issues.  First, education.  Juries, judges, and civilians must learn that it is not THAT hard to make a false confession occur.  The suspect will frequently not have real insight into why they confessed to what they did NOT do.
    Second, we (state and national defense attorney groups and others) have not yet succeeded in having a required video of every interrogation.  The LEOs should have nothing to hide.  The suspect is protected (or condemned).  And, with the video, the "My Cousin Vinny" confession issue is solved.  Remember "I killed the clerk?"  making it to trial as "I killed the clerk."  Lenny