New York Daily News

Manhattan federal prosecutor­s home in on wrongly convicted

- BY MOLLY CRANE-NEWMAN

One of the country’s most aggressive prosecutor’s offices is launching a Conviction Integrity Committee that could aid innocent people serving time for crimes they didn’t commit.

Damian Williams, U.S. attorney for the Southern District of New York, said the new committee would proactivel­y work to correct wrongful conviction­s in cases brought by its office and in other state and federal jurisdicti­ons.

“Our solemn obligation as prosecutor­s to protect the community and seek justice for victims of crimes requires that we take every step to ensure that the guilty are held responsibl­e, and the innocent are set free,” said Williams.

The prosecutor said if the committee’s comprehens­ive review yields “but one” remedy of an unjust conviction or results in one innocent person’s freedom, he’ll consider it “a successful endeavor to further the cause of justice for all.”

The committee is the first of its kind within the Manhattan federal prosecutor­s office and follows one created in Washington, D.C.

It will act as a resource for people in other jurisdicti­ons by providing access to evidence in Southern District cases that could support their wrongful conviction claims.

Investigat­ors at the powerful prosecutor’s office amass troves of evidence in wide-ranging cases that rely heavily on testimony from cooperatin­g witnesses.

The feds require somebody they flip to reveal all criminalit­y they’ve witnessed in their lives, regardless of a connection to the underlying case. It’s not uncommon for investigat­ors to learn about people who took the fall for a crime they didn’t commit during those lengthy sessions, according to people familiar with such outcomes.

In the kind of long-running, historical investigat­ions typically handled by the Southern District, informants share a tremendous breadth of knowledge, often over the course of years.

When she headed the office’s violent and organized crimes unit, Margaret Garnett said she received 10 to 50 letters a year from state prisoners asking for access to Southern District’s bulging binders. They believed the massive evidence collection contained informatio­n that could clear their name.

The deputy U.S. attorney for the Southern District, who was

the city’s top corruption watchdog before she returned to the office in late 2021, believes exoneratin­g the innocent is as vital as convicting the guilty in pursuing criminal justice.

“Any prosecutor who’s in this business should be as concerned with ensuring that innocent people are set free as they are with ensuring that guilty people are held accountabl­e,” Garnett told The News.

“All of it, to me, is part of our job.”

Many weaknesses in the legal system influence wrongful conviction­s, like misused forensic science, unreliable eyewitness testimony, and failures by prosecutor­s and law enforcemen­t to follow up on leads.

Often, people admit to crimes they didn’t commit in exchange for significan­tly lower sentences than they risk receiving should they lose at trial.

Deirdre von Dornum of the Federal Defenders, which represents thousands of New Yorkers who can’t afford a lawyer, welcomed the initiative.

“We hope that the U.S. attorney’s office will look closely at conviction­s based on the testimony of law enforcemen­t officers who later were found not to be reliable, just as the Kings County DA’s office has done,” von Dornum said.

Jessica Roth, a Southern District alum, Cardozo Law School professor and co-director of the Jacob Burns Center for Ethics in the Practice of Law, said it was important that the prominent prosecutor’s office take the lead on righting wrongful conviction­s.

“The longstandi­ng reputation of the Southern District of New York as one of the premiere offices at the DOJ puts it in a position to offer this model for other U.S. attorney’s offices,” said Roth.

“And if it is successful in the Southern District, hopefully it will be replicated in those offices.”

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 ?? LUIZ C. RIBEIRO FOR NEW YORK DAILY NEWS; AP ?? The U.S. attorney’s office for the Southern District of New York, led by Damian Williams (below), is forming a committee to investigat­e cases in which innocent people are suspected of being wrongly convicted.
LUIZ C. RIBEIRO FOR NEW YORK DAILY NEWS; AP The U.S. attorney’s office for the Southern District of New York, led by Damian Williams (below), is forming a committee to investigat­e cases in which innocent people are suspected of being wrongly convicted.

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