Teen Gets No Trial, Spends Three Years In Jail For A Crime He Didn't Commit
Jonathan Vankin writes at Opposing Views:
New York's WABC TV broke the mind-bogglng story of Kalief Browder, a Bronx teenager who was let out of Rikers Island where he served three years -- without ever being convicted of anything.The Kafkaesque nightmare started in May of 2010, according to WABC, Browder (pictured) was walking home from a party, along Arthur Avenue in the Bronx.
He was 16 years old, in the 10th grade.
"This guy comes out of nowhere and says I robbed him," the now-20-year-old Browder told the TV station. "And the next thing I know they are putting cuffs on me. I don't know this dude. And I do over three years for something I didn't do."
Bail was set for $10,000. His family couldn't afford to pay. He was given a legal aid attorney who did nothing to help.
There was no evidence against Browder, says his new lawyer, Paul Prestia, who represents the young man in a civil suit he's filed. Beyond the one witness who accused Browder, a stranger whom Browder had never met, there was no physical evidence, no supposedly stolen property or money recovered, no other witnesses -- nothing.
The Sixth Amendment to the United States Constitution guarantees people accused of a crime the right to a speedy trial. But Bronx County prosecutors seemed to let that little provision slip their minds.
...At one point, after sitting in jail for 33 months, he went before a judge and was told that he should accept a plea deal and he would be given credit for time served. Browder refused to plead guilty to a crime he did not commit, even though he was warned that he was facing a 15-year sentence.
So they sent him back to Rikers.
Then, in June of this year, the case was dismissed and all charges dropped. Browder was free, but not happy.
"I didn't get to go to prom or graduation," he said. "Nothing. Those are the main years. They are the main years. And I am never going to get those years back. Never. Never."
via @Instapundit
Oh man I hope he wins big.
jerry at November 16, 2013 12:02 AM
And the entire juvenile and/or criminal justice system in the Bronx needs to be turned upside down to find others like him still in jail, and to determine what happened and what charges should be filed against the DA.
jerry at November 16, 2013 12:03 AM
And why are the DA and the judge not facing charges like kidnapping? IMO, there should be no such thing as a plea bargain and anyone offering one should face extortion charges.
MarkD at November 16, 2013 4:39 AM
Put this case in front of a jury for violating his 4th, 5th, and 6th amendment rights and the jury will probably return with a multimillion verdict in a very short time.
Jim P. at November 16, 2013 6:51 AM
It is horrible. Horrible.
At the same time I want to say to him, "No, those are NOT the main years. The best is ahead and you haven't missed it"
NicoleK at November 16, 2013 7:25 AM
"No, those are NOT the main years. The best is ahead and you haven't missed it."
I would add, "...and those years are going to be fucking amazing, because you will be OPRAH RICH."
Beth Cartwright at November 16, 2013 8:33 AM
Bronx court system delays have their own entry on Wikipedia:
http://en.wikipedia.org/wiki/Bronx_court_system_delays
There are poor shmucks who've been rotting in Rikers Island for five years awaiting trial.
Martin at November 16, 2013 9:40 AM
Not to in any way to compare or make light of this travesty of justice on this young man, but I read this post this morning and it has been running around my brain all day.
It's been an interesting day with lots of dead time for thinking. Lots of waiting around. In snow.
Here's the thought: I bet most of us have had periods in time, even extended periods of time, stolen from us, since we were not experienced enough yet to recognize the situation. Looking back to my teenage years, I would say that at any given time someone has been stealing at least a quarter of my life at any time.
Eric at November 16, 2013 3:41 PM
By now he knows there's no Santa Claus, no Easter Bunny, and nobody in the D.A.'s office who gives a damn about anything but their numbers.
Canvasback at November 16, 2013 6:36 PM
Are there that many crimes being committed that it takes years to get around to the trial portion?
Or are there so many laws that its impossible not to have a serious backlog?
Or are they so lazy that the idea of staying past 4 p.m. is anathema and they'd rather keep the accused behind bars until they can get around to them.
Robert at November 17, 2013 2:52 AM
When I worked for a defense contractor in Alabama, a colleague and I had to visit a government office a half-hour drive away to get badges to access some other government office.
When we told the government thing what we wanted, she said, "You'll have to come back tomorrow because they don't pay me overtime."
It was 1450.
When we came back government thing 2 got us our badges in 5 minutes, so it wouldn't have cut into thing 1's personal time, but I guess that was too big a risk for her to take.
Sosij at November 17, 2013 12:34 PM
All I can think is "Da fuck..?"
Sabrina at November 18, 2013 9:23 AM
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