Weaknesses in Central Park Jogger Case Were Clear All Along
Nor should it be forgotten that numerous other victims in the community were left vulnerable because of the prosecutors' close-minded, slipshod rush to judgment against the wrong defendants.
June 03, 2019 at 02:14 PM
3 minute read
Editor's Note: With the release of Netflix's miniseries “When They See Us,” there is renewed interest in the criminal prosecution in the assault of the Central Park jogger. So, we're sharing this letter to the editor that we posted in July of 2018.
Good people sometimes do bad things, and when a wrong is identified, the hope is that an acknowledgment will be made. So we are reminded in reading the July 20 Law Journal report of the release of long concealed documents relating to the destructive prosecution of five teenagers swept up in the aftermath of the brutal assault on a jogger in Central Park in 1989. When confronted with additional facts, former District Attorney Robert M. Morgenthau assigned one of his most talented aides to re-investigate the long-closed case, which led to his publicly joining in with the defense motion to set aside the convictions and, importantly, dismiss the indictments. Notwithstanding the dismissals, and an accumulation of evidence supporting that resolution, former sex crimes bureau chief, Linda Fairstein, continues to insist that these wrongfully prosecuted youngsters should have been convicted.
Warnings of the prosecution's infirmity were there from the very beginning: the “correcting” of a so-called “confession” after an all-night interrogation, the continuation of the sexual assaults in the same community that preceded and succeeded the arrest of the teenagers; the DNA report that placed not one of the youngsters at the crime scene; and the prosecutor's surreptitious adjustment of the timing of the events between the trial of the first group of defendants and the second. Indeed, before either trial, the prosecuting team had obtained the DNA of the actual assailant, identified as the man who had committed numerous sexual assaults in that community, but never bothered to explore a match with the DNA left on the central park jogger. This is not the stuff that warrants a conclusion of the youngsters' guilt.
Notwithstanding Fairstein's unsupported hypothesis, the long-delayed release of additional documents, always in the control of the prosecution, will not “change the narrative.” What is known beyond any question, is that sixteen-year old Kharey Wise was sent to prison for a crime he did not commit, where he remained until he was thirty, and that this wrenching crime was not finally resolved until the actual and lone assailant, Matias Reyes, came forward with the same DNA match long in the hands of the prosecution. Nor should it be forgotten that numerous other victims in the community were left vulnerable because of the prosecutors' close-minded, slipshod rush to judgment against the wrong defendants.
Eric A. Seiff, who is of counsel to Storch Amini, was the attorney for Kharey Wise at the 2003 proceedings reversing the conviction and dismissing the indictment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAttorney Responds to Outten & Golden Managing Partner's Letter on Dropped Client
3 minute readLetter to the Editor: Law Journal Used Misleading Photo for Article on Election Observers
1 minute readNYC's Administrative Court's to Publish Some Rulings in the New York Law Journal Is Welcomed. But It Should Go Further
4 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250