28 November 2023 , 10:50
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A man who spent well over two decades in prison after being wrongfully convicted for a double murder has now finally been exonerated.
Jabar Walker was convicted of murdering William Santana, 32, and Ismael De La Cruz, 30, in 1998. He was released on Monday (November 27) after serving 25 years of two consecutive 25 year sentences - following the move by New York’s Manhattan district attorney, Alvin Brragg, to vacate the conviction.
The conviction was lifted on the basis of newly discovered evidence and ineffective assistance of counsel - and Bragg’s office agreed with advocacy group the Innocence Project not to re-prosecute Walker in the interest of justice. "If there was evidence that didn't fit the police theory of the crime and it was helpful to the accused, it was not documented. No report was written and it was suppressed,” Innocence Project advocate Vanessa Potkin said.
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Walker spent 25 years of his 50 years behind bars (CBS)Walker had been convicted of killing two men near 148th Street and Broadway 28 years ago, in May 1995. Despite a court case which was built on unreliable and forced testimony - as admitted by prosecutors - Walker was sentenced to two consecutive 25 year terms.
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In an 11-month investigation conducted by the innocence Project and the Manhattan District Attorney's Office, it emerged that the only eyewitness account of the murder was full of inconsistencies - and a woman had allegedly received financial benefits from prosecutors.
He said you "just gotta stay true" to free yourself of a wrongful conviction (CBS)“He was pressured to give false testimony against Mr Walker by officers who intimidated him and made him feel that if he didn't implicate Mr Walker, he was going to go down for something else," Potkin said.
Walker had maintained his innocence for two decades and he celebrated with his arms up while hugging his family as he left the courtroom. "The first thing I want to do is just spend time with my family," Walker said. “You gotta just put in the work. You gotta stay true. You got to put it in and pray."
It was all hugs and smiles as Walker left prison for the final time (CBS)Lawyers argued that if it weren’t for Jabar Walker’s persistence and resilience, he would have continued to serve his term until 2046. They argue that this case is the perfect example of how evidence suppression actually occurs.
'Dirty 30' corrupt cops
Walker’s conviction came after an investigation by officers from the New York Police Department’s then-infamous 30th Precinct. At the time, it was known as the “Dirty 30” - due to the significant levels of corruption amongst its officers.
An investigation into the “Dirty 30” by the Mollen Commission resulted in the arrest of 33 officers in the 1990s. It was discovered that the group was routinely involved in perjury, record falsification, thefts during searches and seizures and distribution of narcotics according to the Innocence Project.
"The first thing I want to do is just spend time with my family," Walker said (CBS)A statement from Judge Bragg said: “Not only was the case against Jabar Walker built upon unreliable and recanted testimony, he did not have the benefit of an effective defence attorney – one of the constitutional bedrocks of our justice system.”
Another man, Wayne Gardine, was also exonerated by Judge Bragg after wrongful conviction. Gardine, who was released on parole in 2022 following his 1996 conviction for the shooting of 22-year-old Robert Mickens, had his case dismissed as it “cannot be proved beyond a reasonable doubt”, Bragg said
“Wayne Gardine was just 22 years old when he was sentenced to decades in prison following a trial that we now believe relied on an unreliable witness and testimony – losing years of freedom due to an unjust conviction,” Bragg added in a statement.