Montreal Gazette

Turning a blind eye to obtain justice

Sometimes, legal system works in mysterious ways

- ALAN FEUER

NEW HAVEN, CONN. • On Tuesday, Leroy Harris appeared in court and pleaded guilty to kidnapping and robbery. The plea was a legal fiction and everybody knew it. He knew it. The prosecutor­s knew it. The judge, too.

Nearly 30 years ago, Harris was convicted of raping a woman in this Connecticu­t city — a verdict he has been trying to reverse ever since. Earlier this year, after decades of fighting his appeals, the Connecticu­t state’s attorney’s office finally conceded that the evidence against him might be tainted. The prosecutor­s agreed to let him go — if he took a deal.

At the heart of the deal was something called an Alford plea, an odd legal paradox that required Harris to formally plead guilty to a set of lesser crimes, but not admit that he had actually committed them. After he played his role in this courtroom drama, the judge reduced his sentence to the years that he had served. Harris was freed Tuesday.

But the prosecutor­s also walked away with what they wanted. At least on paper, they were able to preserve their conviction.

In recent years, plea bargains of all sorts have dominated the U.S. criminalju­stice system: They now account for almost 95 per cent of the final dispositio­ns in felony cases across the nation. Even the Supreme Court has acknowledg­ed their pre-eminence, writing in 2012 that “criminal justice today is for the most part a system of pleas, not a system of trials.”

Alford pleas, however, are exceptiona­lly rare, composing only six per cent of all the guilty pleas in state and federal courts, according to a study published in 2009. They allow defendants to maintain their innocence even as they bow to the reality that they would likely be convicted at a trial.

But then there are defendants like Harris, who entered his plea decades after his conviction and only, as he put it, “under duress.” Across the country, different prosecutor­ial agencies take different positions when facing cases that might be marred by a wrongful conviction.

In Harris’ case, the prosecutor who tried the matter had not disclosed exculpator­y evidence. Scientific testing also showed that DNA on the victim’s clothes could not have come from him. The victim failed at first to pick out Harris in a photograph array.

Legal experts say that even if defendants who enter guilty pleas are eventually released, they are often subject to collateral effects that could include losing government benefits or the legal right to vote. The strategy of hinging a release on entering a plea also allows a prosecutor’s office to keep a guilty finding on its records and thus avoid being sued.

“There are only two reasons to offer a plea after a conviction has occurred,” said John Hollway, an associate dean at the University of Pennsylvan­ia Law School who has written about wrongful conviction­s. “If you don’t believe in your case, but you also don’t dismiss it, what are you really doing? You’re either trying to preserve your stats or protecting yourself against civil liability.”

Kevin Kane, the chief state’s attorney of Connecticu­t, disagreed. He insisted that his prosecutor­s look at troubled cases on an individual basis and sometimes do decide to dismiss the matter

DOES EVERYBODY WALK AWAY COMFORTABL­E AND HAPPY? NO. IT’S A BALANCE.

fully. That didn’t happen in Harris’ case, he said, because evidence existed that convinced the office it might have withstood an appeal.

“In this case, we worked out a compromise, and I think it was a fair one,” Kane said. “Does everybody walk away comfortabl­e and happy? No. It’s a balance.”

From the moment he was charged with rape and robbery in 1989, Harris, 57, has insisted on his innocence. Even after his conviction — for which he was sentenced to 80 years in prison — he fought five appeals.

His lawyers said that about eight months ago they started making headway in negotiatio­ns with Patrick Griffin, the state’s attorney in New Haven, who gradually acknowledg­ed there were problems in the case.

That set up a choice, Potkin said: Harris could take the Alford plea and be free to share Thanksgivi­ng with his family. Or he could keep on fighting, perhaps for many years, as courts in Connecticu­t considered his appeal. In the end, he took the deal.

“They were going to drag it out for years,” Harris said Wednesday, “but 50 per cent of something is better than 100 per cent of nothing.”

 ?? JESSICA HILL / THE NEW YORK TIMES ?? Leroy Harris, left, smiles as his sister and niece greet him outside New Haven Correction­al Facility after he was released this week after serving nearly 30 years.
JESSICA HILL / THE NEW YORK TIMES Leroy Harris, left, smiles as his sister and niece greet him outside New Haven Correction­al Facility after he was released this week after serving nearly 30 years.

Newspapers in English

Newspapers from Canada