In the CNN story about the release of Curtis Crosland, one would get the impression that he had been proven innocent after 30 years in prison for murder in Philadelphia, all because of systemic racism.
[Crosland’s lawyer Claudia] Flores said every level of the criminal justice system is permeated with systemic racism, which contributed to Crosland’s wrongful conviction.
“Most people serving life in prison without parole in Pennsylvania are Black men. Probably most of these police officers involved are white. It’s a system saturated with systemic racism at every step. From the way crimes are investigated, to jury selection, to the fact that most prosecutors and judges are white,” she said.
Not only is this not the story (nor anything more than empty rhetoric), though it’s highly likely that Crosland is very much an innocent man, but it ignores what District Attorney Larry Krasner’s Conviction Integrity Unit did: It found that there was Brady material buried in the office’s file that could have been used to undermine the credibility of the two witnesses against Crosland at trial. They searched for it. They found it. They revealed it, even though 30 years had elapsed since Crosland went to prison.
Citing the CIU’s “exhaustive and dedicated investigation” of this case, the federal court agreed that evidence regarding the lack of credibility of two prosecution witnesses was not turned over to defense counsel at the time of trial, as is constitutionally required, nor was evidence disclosed by the Commonwealth that showed the Philadelphia Police investigation initially focused on another suspect.
The case against Crosland was built on the testimony of two witnesses, the first a woman who overheard a conversation and the second a jailhouse snitch.
One of them, Delores Tilghman, told police in 1988 that she overheard a conversation where Crosland and others were “talking about the murder.” She later recanted that statement, according to the lawsuit.
It would appear that she recanted between Crosland’s first and second trials, so she wasn’t called as a witness at the second trial. While that might make her recantation, and the hiding of the Brady about her, appear irrelevant, that’s not quite right. Had Crosland’s defense been aware of the Brady at the first trial and he been acquitted, there would have been no second trial.
A second witness, Rodney Everett, told police officers that Crosland confessed to him that he carried out Heo’s killing. Everett was himself in jail at the time, and hoping for a deal, the lawsuit states. Everett later testified that he had lied when implicated Crosland, according to the lawsuit. Documents which included Everett’s statements were found in police and district attorney’s files by the CIU.
Jailhouse snitches are the most notorious of witness for the obvious reason that they will say anything to benefit themselves. The flip side, however, is that a liar to convict is still a liar, rendering his recantation no more trustworthy than his testimony. But in 1991, jailhouse snitches were commonly used at trial, where prosecutors put perfume on turds to hide the stench, and it worked. While jailhouse snitches are notorious for being motivated liars, that doesn’t mean they were all lying, and that doesn’t mean jurors didn’t believe them and convict upon their testimony.
But Krasner’s effort to release Crosland was based on something more principled than questioning the vagaries of trial evidence after the jury reached its verdict.
Prior to the federal court’s ruling in the case, the Philadelphia District Attorney’s Office (DAO) Conviction Integrity Unit (CIU) had reviewed Crosland’s conviction and informed the federal court that his rights under Brady v. Maryland had been violated at trial in 1991. More specifically, the CIU noted in its filing that testimony of two key prosecution witnesses used at the time of trial was unreliable; one did not actually testify in court for Crosland’s second trial, after his first conviction was reversed on appeal, and the other witness disavowed to the court his earlier claim that Crosland was involved in the crime. And, there was no physical evidence or other evidence that tied Crosland to the crime.
Even though there might not be affirmative evidence of Crosland’s innocence, there was conclusive evidence that there was Brady in the file, evidence that would tend to exculpate Crosland, the other suspect, and evidence that would tend to impeach a prosecution witness, evidence which the Constitution demanded the prosecution turn over to the defense. Larry Krasner honored that mandate, sadly 30 years after his predecessor concealed it and Crosland spend a lifetime in prison. Eastern District of Pennsylvania Judge Anita Brody understood exactly what this duty required.
More so than any other party in our criminal legal system, the prosecutor has an obligation to do justice. See Berger v. United States, 295 U.S. 78, 88 (1935). This obligation encompasses an ethical and legal duty to seek the truth. The obligation demands that the pursuit of a conviction can never come at the expense of the rights of the accused. The responsibility of doing justice does not disappear once a conviction is achieved. In some circumstances, the duty to seek truth can and should extend to cases long closed.
It’s possible that the Philly District Attorney’s office hid the Brady because of racism against Crosland, but concealing Brady was routine for prosecutors back then regardless of the defendant’s race. It was pretty much the norm where the prosecution’s goal was to get a conviction, and failing to turn over exculpatory and impeachment material, particularly if there was any argument that it was unreliable or not absolutely clearly Brady could be made, was the way trials went. It was essentially left entirely to the prosecutor’s discretion whether it was Brady and whether to turn it over. Rarely did that happen.
To his enormous credit, Larry Krasner has elevated respect for the Constitution over getting, and keeping, convictions. Crosland was denied a fair trial and Krasner, and Judge Brody, remedied this outrageous, if banal, error by ending his wrongful conviction. This isn’t a story, as CNN Sahar Akbarzai tried to fashionably spin it, of systemic racism, but a story of a district attorney whose respect for the Constitution was more important than sustaining a conviction. Krasner’s CIU did what every prosecutor should do. He honored the defendant’s constitutional rights. Justice Jackson would be proud.
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I’m sure Mr. Crosland is elated to be free, but I imagine his thoughts about Krasner are a mix of thankfulness and…
Undoing past damage is a lot harder than doing it right in the first place. While I don’t have the numbers, I would suspect that Krasner’s CIU gets thousands of claims of innocence. After all, no harm in trying, right? And the time and manpower needed to seriously vet those claims must be huge, and the vast majority turn out to be full of shit. What’s a DA to do?
But then, the fact that it’s happening at all is a glorious shift in prosecutorial integrity. As unfortunate as it is that it takes too long, better late than never.
A “glorious shift in prosecutorial integrity”
says the CDL…
Conviction Integrity Unit…
“Don’t worry Alice he looks guilty to all the rest of us jurors. And besides the Conviction Integrity Unit is sure to review the case if we are wrong.”
Something, something another, fucking lawyers, something something or another, them fucking lawyers…..
Have you tried that integrity shift line out yet in the express line?
You can’t reinvent the back beat just to find the rhyme esteemed one….
The court order doesn’t deign to tell us what the brady violation actually was. Then it says in a footnote that the prosecutor shouldn’t be blamed because she probably wasn’t even aware of “the undisclosed evidence,” whatever it was. The whole thing reeks of collusion. One wonders whether this guy’s claim would have succeeded had it been subjected to the adversarial process. I was not surprised to learn that that the Philadelphia DA is one of Soros’s bunch. He’ll probably use this “exoneration” in his next campaign.
Or maybe he’s a space alien. So you think the federal judge is in on the conspiracy, and you’re not a flaming whackjob.
Yeah, I think there are plenty of judges who will sign an agreed order without delving too deeply into the sufficiency of the evidence offered in support, especially when the only concern is that it might be illegally lenient to a criminal defendant. Even the judges who aren’t space aliens do it all the time.
And yet nobody can ever find these lenient judges when we need them. Go figure.
There’s a reason there’s a rule of law in my state that’s been repeated hundreds of times in appellate decisions that says a defendant can’t challenge his sentence on the grounds that it was illegally lenient.
Anyway, whenever us simple country lawyers talk about “collusion” in a lawsuit, we’re referring to collusion between supposedly adverse parties. The archetypal illustration is divorce cases from back in the day when you had to have grounds and witnesses to get a divorce—parties would often falsely admit to misconduct to try and get a divorce. The judge probably suspects it—he might even grant the divorce with a wink and a nod—but he’s not going to be involved in some kind of expressed conspiracy with the lawyers. When I said collusion I wasn’t suggesting the judge was “in on it” beyond recognizing what it was. And, surely, you know there are many judges who believe prosecutors should have an almost unlimited right to mercy and will not go out of their way to stop them from making it happen. There are a few exceptions, of course, but in my experience they’re a minority.
Anyway, what do YOU make of that footnote? Isn’t it bizarre to set aside a criminal conviction based on misconduct without identifying who did the misconduct, to go so far as to include a footnote absolving the person who should have been responsible from responsibility?
The footnote is sadly typical of judges who find a Brady violation but don’t want to pin a specific ethical violation on a particular prosecutor so as to invite the subsequent attack on ex-prosecutor’s ethics. Give it a rest here, Bob.
If you’re a lawyer, you’re clearly not a criminal lawyer. Unexplaining your psychotic (and it’s that fucking insane, which is obvious to anyone with half a clue) delusions isn’t what this place is about. I don’t know why SHG doesn’t trash your insanity and ban your worthless ass from the commengts, but you’ve turned the comments here into such a shithole that reddit would throw your ass out. I can’t remember a single comment you’ve ever made that wasn’t complete garbage.
You’re nuts, Bob. You are a fucking nut.
Bob replied to you and I trashed his comment. You’re right. I had planned to ban Bob a while back for his conspiracy insanity, but gave him another chance. He’s now done here.
If you loosen up the tin foil hat, Bob G,, it’s possible the blood will start flowing again.
Holy shit, Scott, stealing commenters from s/nutjobs these days?
How else would I know what conspiracy theorists believe?
Remarkable that the 30-year old Brady material was still there to be found.
SHG,
One might attack the federal trial judge for being too ambitious while being too vague. But why?
She accepted the concession of the State, and gave the government two weeks to retry the case. Besides the federal judge could find no person who was specifically responsible for the grievous error. From my point of view, this was a simple matter for the federal judge. Indeed, if it were me, I would have issued a even shorter order. But, of course, what the hell do I know?
All the best.
RGK
“Grievous error” might not be the way I would characterize it, but what the hell do I know either?
Phillthydelphia, luv it or
Leave it–alone.