Phila. Agrees to Pay $6.25M to Man Wrongfully Incarcerated for More Than 20 Years
Attorney Kevin Harden of Ross Feller Casey said the agreement marks the highest settlement in an exoneration case in Pennsylvania that did not involve DNA evidence.
July 06, 2020 at 05:00 PM
6 minute read
In early 2019, Terrance Lewis was ready to plead guilty to a murder he did not commit after already having spent more than 20 years behind bars. As part of the deal, he planned to formally drop the claim of innocence he had pursued in court for decades in exchange for a new sentence that lessened the chances he would spend the rest of his life behind bars.
But, little more than 18 months after that plea deal fell through, Lewis has been exonerated, and has recently agreed to settle his claims against Philadelphia for more than $6 million.
Late last month, Philadelphia announced it had agreed to settle Lewis' wrongful conviction lawsuit for $6.25 million.
Lewis' attorney, Kevin Harden of Ross Feller Casey, said the agreement marks the highest settlement in an exoneration case in Pennsylvania that did not involve DNA evidence. But, according to Harden, the final amount is less about whether Lewis could have pushed for more compensation, but rather about putting the past behind him.
From a litigation perspective, Harden said Lewis made a great plaintiff, given that he had no criminal history before his arrest, had been an earner for his family—holding three wage-paying jobs before being arrested at 17—and had become involved in criminal justice issues since leaving prison. But the accord, Harden said, was a necessary step so Lewis could begin moving on with his life.
"He wanted to put this behind him to use the resources so he could help others," Harden said. "Given the quality of his character, this was more about him being able to move on with his life, rather than us not willing to litigate the case."
Lewis' case dates back to an August 1996 shooting in which Hulon Bernard Howard was killed in his west Philadelphia home. Lewis, now in his early 40s, had been arrested in July 1997 in connection with the murder and was tried, along with two co-defendants, for three weeks in May 1999, before a death penalty-certified jury found Lewis guilty.
However, according to Lewis' complaint, there were several instances where police suppressed or discarded key information from witnesses about another possible shooter, and failed to investigate or provide information about other pieces of evidence leading to this possible other shooter.
The complaint also said police used an unconstitutionally suggestive photo array, failed to turn over their handwritten notes until 2017, and failed to notify the defense that one of the witnesses had been arrested following Lewis' arrest. According to Lewis' complaint, police instead used the threat of rearresting that witness to coerce testimony indicating Lewis was the shooter.
Lewis maintained his innocence through unsuccessful appeals at the state level, but, in 2010, following a federal habeas hearing, a federal court determined that, based on newly discovered evidence, it was likely Lewis was innocent. However, because of pending state court proceedings, the federal judge did not order Lewis' release.
Harden began handling Lewis' case in 2014, when it was still in the criminal appeals phase and while Harden was working in the white-collar practice at Eckert Seamans Cherin & Mellott. According to Harden, he was assigned the case soon after he arrived at Eckert Seamans from the Philadelphia District Attorney's Office, and spearheaded efforts to have the prosecutor's Conviction Integrity Unit begin taking a closer look at Lewis' innocence claims.
Around that time, Lewis also sought to have his sentence reduced in light of the U.S. Supreme Court's recent decision barring life without parole for juveniles. The courts, however, were prioritizing juvenile lifer cases that involved defendants who no longer formally claimed innocence, which meant Lewis' case was set to languish, despite Lewis having already spent nearly 20 years in jail.
In 2019, the DA's Office offered to resentence Lewis to 20 years to life, which gave Lewis a good chance of being freed on time served. But, with no guarantees from either the courts or the parole board, Harden said the deal looked like the best option for Lewis.
The judge handling the case, however, rejected the deal, saying that, in light of the new evidence, the court would instead consider the full extent of the innocence claim, and then, following a PCRA petition, the trial court granted Lewis a new trial. Prosecutors dropped the charges, saying it was more than likely Lewis was innocent.
Harden, who has been representing Lewis for more than six years, said the judge's willingness to hear the full extent of the innocence claim was key to allowing the civil claims to proceed.
"In federal law, for you to have a malicious prosecution claim, you have to have had a favorable outcome in the underlying criminal investigation," Harden said. "A favorable outcome is not anything that involves admission of guilt."
In a statement to the press, Mayor Jim Kenney said more needs to be done to reform the criminal justice system to help families that have been affected by inequities in the system.
City Solicitor Marcel Pratt also said in the statement, "Mr. Lewis and the city agreed to resolve his pending civil suit without going through more court proceedings, which can be lengthy and difficult. I hope that this settlement helps Mr. Lewis as he plans a better future for himself and his family."
Recent protests against police misconduct likely did not affect the outcome of the case, Harden, said, but he noted that it has exacerbated the trauma Lewis experienced.
According to Harden, the case is the first that Ross Feller has handled stemming from a wrongful conviction, although he said the firm now has several in the works. It can be difficult work, Harden said, for both the clients and the lawyers.
"It's a very somber, but gratifying experience," Harden said.
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