Twenty seven years ago, Gates was convicted and sentenced to life in prison for the murder of a Georgetown University female student. This week D.C. Superior Court judge Fred Ugast released him from jail, after DNA tests revealed that another man committed the crime. Tonight the judge formally exonerated him.
Who is to blame for the wrongful conviction and decades-long incarceration of an innocent man? The Washington Post points the finger at the two factors responsible for this travesty - FBI agents' false testimony and prosecutorial misconduct:
Key to the prosecution's case was the testimony of FBI Special Agent Michael Malone that two pubic hairs found on the woman's body were microscopically identical to a sample taken from Mr. Gates . . . Why the government -- as a matter of policy -- didn't alert the defense to doubts raised in 1997, when the inspector general concluded that Mr. Malone had provided false testimony, or in 2002, when it determined his work was material to Mr. Gates' conviction?When prosecutors discover evidence that might be exculpatory, they are required - under Brady vs. Maryland - to notify the defense and hand it over to the defendant's lawyer. But while prosecutors had every reason to believe -- already back in 1997 -- that a miscarriage of justice occurred in this case, they denied this evidence from the defense and let Gates languish in prison for another 12 years. This prosecutorial misconduct - on top of the original sin of the FBI agent's false testimony - led to a terrible injustice, causing an innocent man to suffer irreparable harm for dozens of years.
On the issue of compensation, the Post notes that Gates will be able to make a claim for compensation for the time spent in prison, and mentions that federal law provides for up to $50,000 per year of incarceration. But Gates may be able to receive a much more substantial amount if he files a claim under 42 U.S.C. 1983 [1]. To succeed in a Section 1983 claim, the plaintiff (in this case Mr. Gates) must prove a constitutional violation by a state actor. Generally, these claims can succeed if the wrongfully-convicted person can show proof of malicious prosecution, extraction of involuntary confession, or a violation of Brady vs. Maryland. It seems from the facts of this case that Gates has a prima facie valid Section 1983 lawsuit. But whether or not Gates is successful in bringing a Section 1983 civil rights lawsuit, the Post is correct in concluding that "as much as Mr. Gates gets, it won't be enough."
The Washington Post commends the valiant efforts of Gates' court-appointed attorney, Roger Durban, and the DC Public Defender Service which took up his case. Two DC police officers who tracked down long-lost evidence that helped exonerate Gates are also credited. But what if Gates did not have such a determined attorney? What if the evidence from the victim's body in the medical examiner's office could not be located? How many more wrongfully-convicted people are still languishing in criminal-justice system? And how many have been wrongfully executed?
This case highlights the need for legislation that will guard against the possibility of convicting - and especially of executing - the innocent. Given the increasing frequency of innocents being exonerated and released[2], death penalty states should declare moratoria on capital punishment. But in addition to reforming the system and ensuring DNA testing - including post-conviction testing- to all criminal defendants, the state and federal governments must address all the systemic defects, including faulty science, prosecutorial and police misconduct, racial prejudice, inadequate defense counsel, snitches, faulty eyewitness testimony and mental incompetence, that lead to the high incidence of wrongful conviction.
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[1] Civil Rights Act of 1871, 42 U.S.C. 1983 (2000). Under this law, individuals can bring lawsuits for damages against any official who, acting under color of state law, deprives that individual of a constitutional right.
[2] In the same week, James Bain from Florida, who was imprisoned for 35 years for kidnapping and rape, was freed after DNA tests proved his innocence.
