Due to the efforts of Barry Scheck’s Innocence Project, Byron Halsey walked out of jail yesterday on $55,000 bail after spending 22 years for the rape and murder of a 7 year old girl and the brutal killing of her 8 year old brother.  The details are set out in the Newsday story.  The crime was horrible.  The man imprisoned for it was innocent.  The murderer walked free. 

So DNA is the hero again.  Hooray.  While it is better that Halsey is out than in, what do we do about the 22 years?  Let me tell you, 22 years as a child rapist and murderer in prison has its own special style.  It could not possibly have been harder on Halsey.  So what do we do about it? 

Some will question whether society owes Halsey anything.  The system’s not perfect, they will say.  You can bet that they would think otherwise if it was one of theirs in prison, but that’s true about most things.  What about money?  How much money is worth to lose 22 years of your life?  Will money ease the loss?  Probably better to have it than not, but again that’s true of most things.

To add a remarkable note to this unfortunately unremarkable tale, the prosecutor sought the death penalty of Halsey.  Perhaps the 22 years in jail is beginning to sound a little better.  Or perhaps society dodged another bullet by not putting another innocent man to death.  Considering what an awful crime it was, keeping Halsey from the hangman must have been some feat.  Thankfully, a criminal defense lawyer did his job.  And thankfully, Barry Scheck, criminal defense lawyer and law school professor, continues to do his.   It’s a shame for all of us that either one had to save an innocent man.