Greenwich Village Gazette

By Donna Lamb

Two important resolutions regarding the miscarriage of justice in court were introduced at the last City Council meeting. The first addresses a wrong committed twenty years ago against five Black and Latino youths, while the second attempts to halt an ongoing wrong against non-citizen immigrants.

Council Member Charles Barron’s (above center) legislation calls on New York City to compensate the young men who were wrongly accused and incarcerated in 1989 in what became known as the Central Park Jogger Case. In 2002, the convictions of Anton McCray, Kevin Richardson, Yusef Salaam, Raymond Santana, and Kharey Wise were vacated after DNA evidence proved that a serial rapist who confessed to the crime had actually committed it.

As Barron explained, the young men, who were only 14 years old at the time, confessed to the crime during 28 hours of grueling interrogations in which they were denied food and sleep. Now that the men have been completely exonerated by DNA evidence, the City should not force them to sue and go through a whole court procedure to obtain compensation; the City should do the decent thing and compensate them and their families for the emotional, psychological and financial damage they endured.

The resolution elicited strong vocal support from several councilmembers, who recalled vividly the hysteria that surrounded the case, with an almost universal cry for the death penalty. Council Member Larry Seabrook pointed out that thank God the death penalty was not in use under Gov. Mario Cuomo, or the wrong committed against these young men would have been even more heinous and completely beyond repair.

Council Member Letitia James(right) told of standing in a courtroom as a legal aid attorney in the spring of 1989 on the very day the defendants were brought into court. "There was a lot of media; they were referred to as animals; the term "wilding" came into being," she said. "Everyone pre-judge them as guilty. They were not afforded justice under the law." She concluded that Manhattan District Attorney Robert Morgenthau admitted that his office made a mistake, "and now it is only right that society pay the price."

Council Member James Sanders(left) noted, "If you do wrong and you realize it was wrong, then you attempt to make it right. It is simple justice that is calling out, and we should answer."

Up in the balcony listening to it all were Raymond Santana, who spent seven years in prison, and Kharey Wise, (below) who served 14 years for this crime they did not commit. When asked how they felt upon hearing the legislation introduced, Santana said, "I look on it as a step in the right direction. Hopefully something positive can come out of this." Mr. Wise responded, "I feel very good that the injustice is now being heard. This is long overdue."

The resolution is now with the Governmental Operations Committee, where there should be a hearing on it soon.

The second resolution was introduced by Council Member Kendall Stewart (left), chair of the Immigration Committee. It urges the New York State Legislature to pass legislation the would 1) require New York State courts, prior to accepting a plea to a felony, misdemeanor or violation, to advise defendants of immigration consequences, and 2) provide substantive remedies for defendants who plead guilty without knowledge of the consequences.

Earlier this year the Immigration Committee held a hearing on this issue in which it was explained that under federal law, if a non-citizen immigrant is convicted of a felony, he may be subject to removal or deportation proceedings. As a result of the broad definition of "aggravated felony," documented immigrants often receive mandatory deportation orders for past crimes that were mere infractions.

Currently, New York State’s Criminal Procedure Law requires criminal court judges to advise a defendant that by pleading guilty to a felony the defendant puts himself at risk of deportation, exclusion or denial of naturalization. However, there is no penalty whatsoever for a judge who fails to do so, and there is no remedy for the defendant who is not given this notice.

The only protection already available to immigrant-defendants accused of felonies will sunset in September, so Stewart believes this is an excellent time to address the flaws in the current laws and find new ways to protect immigrant New Yorkers.

This resolution was referred back to the Immigration Committee, where it is expected to be voted out soon and come before the full council for a vote.

Photos by Donna Lamb

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