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Brooklyn Man Is Exonerated After 25 Years in Prison for Murder

Posted on 3/12/16 at 12:25 pm
Posted by danilo
Member since Nov 2008
20094 posts
Posted on 3/12/16 at 12:25 pm
Brooklyn Man Is Exonerated After 25 Years in Prison for Murder

When police officers came upon the body of Neda Mae Carter in a park in Bedford-Stuyvesant, Brooklyn, 25 years ago, her face and neck were battered, her arms splayed and her legs straight, in the pose of a crucifixion.

A man named Andre Hatchett would be convicted of second-degree murder, based on the testimony of a man who claimed to have witnessed the killing.

On Thursday afternoon, prosecutors in State Supreme Court admitted what Mr. Hatchett had maintained since his arrest: that he had not killed Ms. Carter.

“Mr. Hatchett was failed by almost every institution he came into contact with during the course of his prosecution,” Mark Hale, who leads the Brooklyn district attorney’s Conviction Review Unit, told a courtroom crammed with Mr. Hatchett’s friends and relatives.

A wide smile spread across Mr. Hatchett’s face and the audience burst into applause as a judge vacated the conviction and dismissed the indictment, carrying out the joint request from prosecutors and Mr. Hatchett’s legal team, which includes lawyers from the Innocence Project.

“I’ve been to hell and back, but it feels good to be free,” Mr. Hatchett said, his arms draped over his sisters as they walked through Downtown Brooklyn.

Mr. Hatchett is the 19th person exonerated in Brooklyn since the district attorney, Ken Thompson, took office in 2014 and bolstered efforts to review questionable convictions. Mr. Hatchett’s case had taken place during the tenure of Mr. Thompson’s predecessor, Charles J. Hynes, who had created a review unit but was faulted for not acting promptly in resolving questionable cases and for standing by prosecutors accused of misconduct.

Before his arrest, Mr. Hatchett was a new father and an ice delivery man living in an apartment in Bedford-Stuyvesant with his mother. Now 49, Mr. Hatchett has spent nearly 25 years behind bars. While in prison, he lost both his parents, as well as a son.

Seema Saifee, a staff attorney at the Innocence Project, said a confluence of forces had doomed Mr. Hatchett.

This case involved a perfect storm of error — bad defense counsel, an unreliable witness, critical evidence that was never disclosed to the defense,” Ms. Saifee said.

When the killing occurred, on Feb. 18, 1991, Mr. Hatchett was 24 and hobbling on crutches after being hit with bullets in the throat and leg as a bystander in a shooting the previous year. He had an I.Q. of 63, with the reading and writing ability of a first grader, according to lawyers from the Innocence Project.

Mr. Hatchett and Ms. Carter had seen each other earlier on the evening of the murder, in a rooming house where his aunt lived alongside Ms. Carter and her mother. Mr. Hatchett gave Ms. Carter money to buy crack, his lawyers said in an interview. She left around 9:30 p.m. and never returned.

Though he cooperated with the police and provided an alibi, Mr. Hatchett was arrested and convicted almost entirely on the testimony of a career criminal named Gerard Williams, who said that he had seen, from 30 to 40 feet away, Mr. Hatchett striking a body on the ground in the park that night.

Mr. Williams offered the account after he was arrested in connection with a burglary a little over a week after the killing, and after having initially identified someone else as the killer — information the prosecutors never gave the defense, as was required.

The defense itself was so incompetent that a judge declared Mr. Hatchett’s first trial a mistrial. But even at the second trial, Mr. Hatchett’s lawyer failed to present evidence of his intellectual disability or of the fact that his injuries would almost certainly have prevented him from striking Ms. Carter with the force Mr. Williams had described or lugging her body across the park while leaning on crutches.

“It’s frightening how easy it is to convict an innocent person in this country,” Ms. Saifee said. “And it’s overwhelmingly difficult to release an innocent person.”

Barry C. Scheck, a founder of the Innocence Project, praised Mr. Thompson’s office for working tirelessly with Mr. Hatchett’s team, which also included a lawyer from Paul, Weiss, Rifkind, Wharton & Garrison LLP, on their efforts. “Without this collaboration, Mr. Hatchett would likely still be in jail,” Mr. Scheck said.

Lawyers from the Innocence Project said that cases similar to that of Mr. Hatchett could be avoided with the right legal safeguards in place, though many proposed changes have languished in Albany for years.

The New York Legislature is considering legislation combating the roles that eyewitness misidentification and false confessions play in wrongful convictions. A 2016 proposal by Gov. Andrew M. Cuomo would mandate, among other regulations, that the police record interrogations of suspects in most violent-crime cases.

“I just know I’m not the only one,” Mr. Hatchett said. “There’s still a lot of innocent people in jail.”

Still, the moment demanded celebration. As Mr. Hatchett walked with his family to a Dallas BBQ restaurant for a steak dinner, he began planning a move with his sister Christal Hatchett-Simmons to a house in Pennsylvania.

“I can already see it,” he said. “My future.”

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Posted by theunknownknight
Baton Rouge
Member since Sep 2005
57280 posts
Posted on 3/12/16 at 12:28 pm to
Time for a burger
Posted by SEClint
New Orleans, LA/Portland, OR
Member since Nov 2006
48769 posts
Posted on 3/12/16 at 12:29 pm to
quote:

Mr. Hatchett


Not the best name to have when a murder charge comes against you
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
66918 posts
Posted on 3/12/16 at 12:41 pm to
Barry Scheck still doing work
Posted by AndyJ
Member since Jul 2008
2754 posts
Posted on 3/12/16 at 12:47 pm to
quote:

Mr. Hatchett gave Ms. Carter money to buy crack


Jesus even retards with an IQ of 63 are into crack?
Posted by Capital Cajun
Over Yonder
Member since Aug 2007
5525 posts
Posted on 3/12/16 at 12:48 pm to
This happens far to often. If you really want to get pissed watch An Unreal Dream: The Michael Morton Story.

DA's and police want to close a case and do all kinds of shady shite to get convictions.
Posted by russpot
alexandria
Member since Jul 2007
425 posts
Posted on 3/12/16 at 12:49 pm to
well he would have commited crimes anyway.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65591 posts
Posted on 3/12/16 at 12:53 pm to
It was a hatchet job by the DA.
Posted by Mars duMorgue
Sunset Dist/SF
Member since Aug 2015
2816 posts
Posted on 3/12/16 at 1:26 pm to
If New York still had the death penalty this never would've happened: they guy would've been executed long ago and case would've have been buried with him.
Posted by bencoleman
RIP 7/19
Member since Feb 2009
37887 posts
Posted on 3/12/16 at 1:32 pm to
quote:

This happens far to often







Until prosecutors are held responsible they'll continue to put innocents in jail
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76264 posts
Posted on 3/12/16 at 1:56 pm to
quote:

This happens far to often.

It does and it's the only reason I'm not in favor of the death penalty. There's simply zero reason the expect the government to be any more competent at criminal justice than it is at anything else.

What's cool here is the DA not being complacent. Leon or Connick's offices will stand by crooked ADAs no matter what. They don't care if an innocent man is in prison. Doesn't bother them at all.
Posted by Mullet Flap
Lysdexia
Member since Jun 2015
4208 posts
Posted on 3/12/16 at 2:12 pm to
quote:

It does and it's the only reason I'm not in favor of the death penalty. There's simply zero reason the expect the government to be any more competent at criminal justice than it is at anything else.



Well I don't think the government is the root of all of our problems..a lot of our problems, sure though. That being said as the most advanced country in the world, i think we should set the standard that the government has no right to kill a human being.

I understand the whole "they cost taxpayers so much more money" argument, for which I agree..but morally, I can't find any reason for us as Americans to be able to take human life, no matter how shitty the human. That is not to say I don't advocate locking them up until they rot, however.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
70997 posts
Posted on 3/12/16 at 2:12 pm to
quote:


Until prosecutors are held responsible they'll continue to put innocents in jail


This.

The solution is to start giving rogue cops and rogue prosecutors the same sentence as the innocent people they railroaded.
Posted by crazy4lsu
Member since May 2005
36311 posts
Posted on 3/12/16 at 2:15 pm to
quote:

If New York still had the death penalty this never would've happened: they guy would've been executed long ago and case would've have been buried with him.



Yes an innocent man should have been executed. Then justice would have been done.
Posted by Kino74
Denham springs
Member since Nov 2013
5343 posts
Posted on 3/12/16 at 2:37 pm to
Heres a partial solution. Make the government responsible for full restitution. The "I'm sorry," "I'm just doing my job" excuses are beyond pathetic. 25 yrs is almost a 1/3 of the average person's life. Does he have a place to live, job , credit, savings? Of course not.

Making sure an innocent person isn't imprisoned especially imprisoned to the point of having their entire life destroyed should actually be a fricking priority.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
70997 posts
Posted on 3/12/16 at 2:46 pm to
quote:

Heres a partial solution. Make the government responsible for full restitution. The "I'm sorry," "I'm just doing my job" excuses are beyond pathetic. 25 yrs is almost a 1/3 of the average person's life. Does he have a place to live, job , credit, savings? Of course not.

Making sure an innocent person isn't imprisoned especially imprisoned to the point of having their entire life destroyed should actually be a fricking priority.



Agree, but the corrupt prosecutor doesn't feel the pain. The taxpayers do, and with whether this incident being discovered 25 years after the fact, that includes taxpayers who weren't old enough to vote and a few who weren't even born.

If the wrongful conviction is the result of malfeasance, send the responsible parties to Office Space prison.
Posted by JG77056
Vegas baby, Vegas
Member since Sep 2010
12061 posts
Posted on 3/12/16 at 2:47 pm to
quote:

Yes an innocent man should have been executed. Then justice would have been done.


You're dumb
Posted by Mars duMorgue
Sunset Dist/SF
Member since Aug 2015
2816 posts
Posted on 3/12/16 at 3:08 pm to
quote:

Yes an innocent man should have been executed. Then justice would have been done.

You're obviously irony-challenged–but a good soul I see. For this I gave you an up vote.
Posted by crazy4lsu
Member since May 2005
36311 posts
Posted on 3/12/16 at 3:11 pm to
quote:

You're obviously irony-challenged–but a good soul I see. For this I gave you an up vote.



It's hard to tell on this board.
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76264 posts
Posted on 3/12/16 at 3:26 pm to
And tomorrow there'll be a child molester or something posted here and there'll be 6+ pages of "hang him right now" with zero thought to this story here.
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