The Exoneration Initiative screens hundreds of cases and handles them at all phases of the exoneration process. Two cases in active litigation are featured here. They are representative of the types of cases we select for partnering with New York-area law firms who have shown excellence in and dedication to pro bono criminal defense.
The Case of Derrick Deacon
Derrick Deacon was convicted for a 1989 murder in the Flatbush section of Brooklyn and has served nearly 20 years in prison.
Newly discovered evidence established that the victim's actual killer was a member of a notorious gang that controlled the Brooklyn neighborhood where the murder occurred. This evidence surfaced during a federal investigation and prosecution of other gang members, when a witness, who cooperated with federal authorities, revealed that he was present when the robbery that led to the murder was planned and that a gang member had confessed the murder to him mere minutes after it occurred. The true killer, unlike Mr. Deacon, also matched the description provided to the police by an eyewitness to the murder.
Based upon this newly discovered evidence, post-conviction motions seeking a dismissal of the indictment or a new trial were briefed by Glenn A. Garber, P.C. and co-counsel, Paul, Weiss, Rifkind, Wharton & Garrison LLP on Mr. Deacon's behalf. An evidentiary hearing was granted by the Court.
The Case of Selwyn Days
After a half a day of police interrogation, Mr. Days falsely confessed to an unsolved double homicide that occurred in Eastchester, New York in 1996. The principle evidence against him was his confession, key elements of which were suggested to him by police investigators.
While Mr. Days languished in jail, alibi evidence was discovered that he was in North Carolina when the murders occurred. Mr. Days’s attorney, John Brian Macreery of Deren, Genett & Macreery, sought the assistance of EXI to fight his case in court.
Paul, Weiss, Rifkind, Wharton & Garrison LLP and EXI – working pro bono – recently supplemented an ineffective assistance of counsel claim with a constitutional claim of actual innocence and a newly discovered evidence claim. A hearing was granted and will soon be held in furtherance of Mr. Days’s request for dismissal or a new trial.
26 January 2010
On January 26, 2010, Selwyn Days was granted bail after serving nine years of a 50-year to life sentence for a 1996 double homicide in Eastchester, New York.
The request for bail was orally argued before the Honorable William Wetzel of Westchester County Court by one of Mr. Days's lawyers, Glenn A. Garber of the Exoneration Initiative. Judge Wetzel granted bail despite an alleged confession to the crimes -- a confession the defense contends was false.
In granting bail, Judge Wetzel noted the unusual circumstances of the case which included two prior trials and nine years of incarceration. This decision comes in the wake of a December 31, 2009 order by the Honorable Jeffrey Cohen vacating the convictions and granting a new trial based upon alibi evidence that was never presented to a jury which Judge Cohen found to be "credible." The retrial is expected to take place in May 2010.
The result achieved in court was the culmination of a group effort by Glenn A. Garber of EXI, Roberto Finzi, Nader Hasan and William Clareman of Paul, Weiss, Rifkind, Wharton & Garrison, Brian Macreery of Deren, Genett & Macreery, and private investigator Joseph Dwyer.
Read about the story in the Journal News.
10 January 2010
On December 31st, 2009, Judge Jeffrey Cohen of Westchester County Court entered a judgment vacating Selwyn Days' murder convictions, and ordering a new trial. The convictions were based upon the 1996 murders of Archie Harris and Betty Ramcharan in Eastchester, New York. This was a cold case until 2001 when Mr. Days falsely confessed to the double homicide. He has served 9 years of a 50-year-to-life sentence.
Judge Cohen relied on what he described as "credible" alibi evidence, presented for the first time at a hearing before him in June 2009. That evidence showed that Mr. Days was actually in Goldsboro, North Carolina, when the murders were committed. The alibi witnesses included a magistrate judge and a decorated police officer. The ruling ultimately rested on the claim of ineffective assistance of counsel for trial counsel's failure to adequately investigate the alibi.
The result achieved in court was the culmination of a group effort by Glenn A. Garber of EXI, Roberto Finzi, Nader Hasan and William Clareman of Paul, Weiss, Rifkind, Wharton & Garrison, Brian Macreery of Deren, Genett & Macreery, and private investigator Joseph Dwyer.
Read about Selwyn Days in theJournal News.
