North Country Justice
http://www.blog.northcountryjustice.com/index.php
Life After Exoneration.
http://www.blog.northcountryjustice.com/index.php?entry=entry100731-120000
]]>"There, but for the grace of God, goes John Bradford."
http://www.blog.northcountryjustice.com/index.php?entry=entry100730-170000
John Bradford (1510–1555) was a prebendary of St. Paul's. He was an English Reformer and martyr best remembered for his utterance, "'There, but for the grace of God, goes John Bradford." The words were uttered by Bradford while imprisoned in the Tower of London, when he saw a criminal on his way to execution.
Through the years, the phrase “There but for the grace of God, go I”, has been commonly used when referring to someone else's misfortune.
In 2007, two men were arrested and charged with a double homicide that took place in Troy, NY, in 2002. The foundation for the charges was based upon the statement of a “jailhouse snitch”.
On July 16, 2010, Rensselaer County Judge Robert Jacon agreed to dismiss an indictment against Terence Battiste and Bryan Berry in the deaths of Arica Lynn Schneider and Samuel Holley in light of doubts a recent DNA match has cast on the case.
Here are the newspaper articles that will provide the case information about how two innocent individuals almost paid the price for someone else’s crime.
In this case, these two "wrongfully charged" men, might have become "wrongfully convicted" men.
Now they can say, "There but for the grace of God (and DNA), go I"
What would the fate of these men been if the perpetrator’s DNA had not been discovered?
Needless to say, “The beat goes on”.
]]>Innocence Projects (Or Lack Thereof)
http://www.blog.northcountryjustice.com/index.php?entry=entry100611-000000
The intent is to have students gain skills in handling very difficult cases of wrongful convictions. These cases require an enormous amount of time and commitment, which usually is prohibitive to most law firms because of the lack of associated monetary resources. Some large firms have a pro bono department that provides relief to wrongly convicted inmates and in turn “gives back” to society.
There is no shortage of cases screaming for attention. Each project has its own guidelines and criteria for acceptance; most all require a level of indigence. The students also have to choose cases that indicate some element of success. Another consideration is accessibility to case information, thereby limiting the selection to the project’s close geographical area.
New York’s innocence projects are all located in the Metropolitan New York City area. Naturally, the cases that they handle are usually within that area. The exception is the Innocence Project, co-directed by Barry Scheck and Peter Neufeld in conjunction with The Benjamin N. Cardozo School of Law. Their criteria is restricted to DNA cases only and serves all states.
NCJ is proposing that some concerned reader(s) of this blog actually take the initiative to generate some interest within student bodies in upstate New York colleges and form an innocence project. Ideally, the project would be at a college that teaches law, however, there is nothing prohibiting a group of students investigating a claim of actual innocence and rallying behind their beliefs to bring meaningful attention to an inmate’s plight.
Any one of these schools would be an excellent choice to organize an innocence project that would adopt and investigate the claims of injustice from upstate residents.
If this was to happen, then maybe Erick Westervelt’s claims of actual innocence would have a better chance of being acknowledged and dealt with. He has applied to several downstate projects to no avail. There is a long list of applicants ahead of him from that area.
Here are examples of what can be done when students are motivated.
]]>Witch Hunts and Trials
http://www.blog.northcountryjustice.com/index.php?entry=entry100525-120000
Wikipedia has a lot of information on how and where it all began to the present. One of their analogies is very appropriately fitting to Erick Westervelt’s case and others like it.
'Witch-hunt' has become a generic term, referring to any situation in which a 'guilty party' is, essentially, tried and convicted in absentia, without any 'firm' evidence—indeed, in a typical witch-hunt, guilt is presumed from the outset, and the focus of the hunt actually becomes getting the accused to admit his guilt. Often, these so-called 'confessions' are brought about by way of verbal trickery, or by questioning the loyalty or past conduct of the accused.
Because of the inaccurate accounts of the case released by the investigating police department and repeated by the media, Erick was considered guilty before he ever walked into the courtroom. Not to mention that the prosecutor expanded and perpetuated the myths and drove the final nail in the coffin with his unsubstantiated theory. As a result, the jury was overwhelmed by “verbal trickery” and so called “confessions”.
Another case, almost identical to Erick’s comes to mind because it preceded Erick’s by four years. It also took place in the northeast and not too far from the Salem Witch Trials of Massachusetts in the 1600’s.
It is the case of Chad Evans from Rochester, NH. He was accused and convicted of causing the death of his girlfriend’s 21 month old daughter in 2001. He was originally sentenced to 28 years in prison, but that was not enough for the prosecutor. The sentence was appealed via a brand new state law and his sentence was amended to life without parole.
That is the equivalent of pouring gasoline on and setting fire to the unconscious, rock-stoned, witch.
There were as many, if not more, questions raised and unanswered in Evans’ case. He is presently incarcerated in a New Hampshire prison and, like Erick, he has been relentlessly trying to prove his innocence.
]]>Freedom never tasted so good.
http://www.blog.northcountryjustice.com/index.php?entry=entry100501-120000
Frank was 28 years old in 1991 when he falsely confessed to the murder of Viola Manville, 74, of Hilton, NY, a small community located northwest of Rochester, New York, near the shores of Lake Ontario.
The murder investigation, which was handled by the Monroe County Sheriff’s Office, produced no physical or corroborating evidence that supported Frank’s staged videotaped confession.
The Rochester Democrat-Chronicle newspaper has the complete story including videos and post trial legal motion to vacate Sterling’s conviction.
The Innocence Project represented Sterling and introduced DNA evidence that linked another man, Mark Christie to the murder. Because Sterling was convicted of the crime, Christie was free to commit another homicide of a 4 year old girl three years later.
Innocence Project officials contend that investigators became too fixated on Sterling and ignored other possibilities.
This appears to be the identical situation that happened to Erick Westervelt. The Bethlehem NY, Police Department looked no further than him and his false confession. They also had no physical or corroborating evidence linking him to the murder of Tim Gray.
Christopher Porco and defense attorney Terrence Kindlon
For our readers unfamiliar with the Christopher Porco case, you can get the details here.
NCJ refers to this case occasionally because of the strange similarities with Erick Westervelt’s case. The latest similarity is Porco’s appeal being denied for the same reasons as Westervelt's.
Now, Porco’s attorney, Terrence "Terry" Kindlon, is going right to the top; the New York State Court of Appeals.
Interesting what money can do; Westervelt has none.
This is where the similarity ends.
]]>Social Stigma.
http://www.blog.northcountryjustice.com/index.php?entry=entry100310-090000
It goes on to include the perception or attribution, rightly or wrongly, of criminality which carries a strong social stigma.
Even though leprosy is curable, criminality is not. Leprosy leaves it’s victims with physical scars, whereas criminality leaves mental scars.
The social stigma that takes place in the event that an individual is publicly charged with a crime is permanent. Once labeled, the stigma will never be erased in the minds of many, even if the individual is innocent or the charges are dismissed.
The media accounts are extremely powerful accusations which are sometimes incorrect. Such was the case with many of the accounts of the arrest and accusations concerning Erick Westervelt.
The local media repeated the unsubstantiated information released by the Bethlehem, NY, Police Department about a homicide being committed with a hatchet. Even though that was their speculation at the time and never proven, the stigma will always remain.
At some point in time, Erick Westervelt will most likely be exonerated for a crime that he did not commit. Once the actual truth of his circumstances becomes known and meaningful steps are undertaken to acknowledge his innocence, he will be set free to pick up the pieces of his shattered life.
Unfortunately, the unfairly induced social stigma towards him and his innocent family will always remain; along with the mental scars.
]]>Getting Serious?
http://www.blog.northcountryjustice.com/index.php?entry=entry100305-170000
Is there going to be post trial review boards?
To help answer these questions, NCJ will focus on a very serious event hosted by the Albany Law Review that took place today at Albany Law School, Albany, NY. It was the 4th Annual, Chief Judge Lawrence H. Cooke State Constitutional Commentary Symposium.
Amy Bach, Esq., Author, Ordinary Injustice: How America Holds Court.
Saul M. Kassin, Ph.D., Distinguished Professor of Psychology, John Jay College of Criminal Justice and Massachusetts Professor of Psychology, Williams College.
Stephen Saloom, Esq., Policy Director, Innocence Project.
It is evident by the commentaries of the speakers that New York State MUST take action and be a national leader in criminal justice reforms regarding wrongful convictions.
During the period following the panel's presentation, there were several very meaningful comments made by other influential members of the New York criminal justice system. Addressing the panelists from the audience were:
Hon. Kathleen "Kate" Hogan, District Attorney, Warren County, NY and President of the District Attorneys Association of the State of New York.
Laurie Shanks, Esq., Clinical Professor of Law, Albany Law School and criminal defense attorney.
Another distinguished attendee that was present but did not speak was New York State Appellate Court Presiding Justice Anthony V. Cardona.
Only time will tell if these influential leaders and others, can accomplish the goals of implementing the procedures for handling all criminal cases legally, equally and fairly.
If this gathering of prominent individuals is an indication of positive criminal justice reform, it would be fair to say that New York is getting extremely serious.
]]>Sending a message.
http://www.blog.northcountryjustice.com/index.php?entry=entry100215-130000
Bluhm Blog. It is written by Clinical Professor Steven Drizin, Director of the Center On Wrongful Convictions at the Northwestern University School of Law in Chicago. IL.
This groundbreaking lawsuit, however, could force police officers in Albuquerque and elsewhere to change their investigation protocols when it comes to confession evidence. All too often, police view the confession as the be-all and end-all of any investigation. While confession evidence is perhaps the most powerful piece of evidence in a court of law, it is not worthy of this status. Confessions are not per se reliable. They are only as reliable as the evidence which corroborates the confession and any good police department will continue to seek corroboration even after securing a confession. Moreover, confession evidence can be contaminated. To the extent that confession details appear to match the crime evidence, case after case of wrongful convictions have shown that these details are often fed to suspects by police officers through leading questions, showing suspects crime scene photos, and other tricks of the interrogation trade.
Professor Drizin’s article clearly highlights the “shortcut” path that some police agencies take when investigating serious crimes. If this lawsuit is successful, it should serve as warning to all police investigators that there is a consequence for “dereliction of duty” when not corroborating confession evidence. The subject of “corroboration of evidence” has been addressed by NCJ in several previous blog entries; the most recent was on November 6, 2009.
A similar situation to what happened in Albuquerque, NM could possibly occur elsewhere as a result of the wrongful conviction of Erick Westervelt. NCJ has also addressed this subject in previous entries as well and until Westervelt’s case is resolved, the possibility will remain. Of course there is also the possibility that it has already happened.
According to Westervelt, the Bethlehem police detectives failed to corroborate any of the "false" information that he provided during the "confession session". He claims that he was elaborating on the information that they had provided him about an incident that he knew nothing about. To his dismay, he was led to believe that the nature of the incident was merely a fist fight with a guy that he hadn't seen in months. He figured if he told them what they wanted to hear, he could go home.
Police video transcripts indicate that It wasn’t until hours after his "confession" was obtained, that the detectives told him the actual truth about the life threatening condition of the assaulted victim.
Westervelt also maintains that is when he went into a state of shock that rendered him mentally helpless to cope with the situation from that point on. That claim is supported by his depressed physical reactions and muted verbal responses throughout the remainder of the video. Friends and family observers of the televised arraignment noted his "Zombie" like appearance and his limited functionality.
He was under arrest for assault at that time and the criminal charges were upgraded to murder when the victim died the next day.
]]>The 250th DNA Exoneration Included a False Confession.
http://www.blog.northcountryjustice.com/index.php?entry=entry100205-120000
NEW YORK, NY, February 4, 2010 - A Rochester, New York, man who was wrongfully convicted of rape 33 years ago is being exonerated with DNA testing today, in what the Innocence Project said is the 250th DNA exoneration in the United States.
Freddie Peacock, 60, was convicted of rape in December 1976. He was sentenced to up to 20 years in prison and released on parole in 1982. He tried to remain on parole because he thought he would never be able to clear his name if he was released from state supervision. For the last 28 years since he left prison, he has fought to prove his innocence even though he was no longer incarcerated.
Freddie Peacock lived in the same apartment building as the victim, and she made a shaky identification of him as the perpetrator. Barely two hours after the attack, Peacock was arrested and interrogated for about two and a half hours. He initially denied any involvement in the crime, but police claim he ultimately confessed. Peacock told the detective handling the interrogation that he had severe mental illness and had been hospitalized for it several times. In his alleged confession, Peacock could not tell officers where, when or how the victim was raped. He was tried and convicted.
"Freddie Peacock was released many years ago, but he hasn't been truly free because the cloud of this conviction hung over him," said Olga Akselrod, the Innocence Project Staff Attorney handling the case. The Innocence Project is affiliated with Cardozo School of Law. "Nobody in the U.S. who was exonerated with DNA testing has spent this many years outside of prison fighting to prove his innocence. Today, the decades-long nightmare that Freddie Peacock and his family have endured is finally over."
The Innocence Project released a report today, "250 Exonerated: Too Many Wrongfully Convicted," which details each one of the exoneration cases and includes statistics on common causes of the wrongful convictions.
The top three states for DNA exonerations are Texas (with 40), Illinois (with 29) and New York (with 25).
]]>The Wrongful Conviction: It Could Happen to Anyone.
http://www.blog.northcountryjustice.com/index.php?entry=entry100108-090000
This video highlights the Beaman family’s anguish with the Illinois criminal justice system. Westervelt’s family is still in this mode of "suspended animation" and disillusionment with the New York justice system.
Lets not stop there. A wrongful conviction also deprives the victim’s family of the correct closure by misdirecting their anguish and anxiety toward the wrong individual responsible for their loved one’s death.
It Could Happen to Anyone: The Wrongful Conviction of Alan Beaman
]]>2010: Ring in the New Year….maybe!
http://www.blog.northcountryjustice.com/index.php?entry=entry100101-150000
North Country Justice have made a commitment to assist Erick Westervelt in locating the professional expertise that he needs in order to prove his innocence.
When NCJ began the inquiry into the background of this case almost two years ago, we had no idea of the complexity or complacency involved. This case was rife with instances that should have rung some loud bells and waved some red flags.
As of the present time, there is still a lot complacency and stigma attached to Westervelt’s situation. What is it going to take to wake up the community and criminal justice system in Albany County as to what happened in this case?
There are many logical questions about the case facts that remain unanswered. Many people read this blog and some have offered assistance to get involved. However, the legal complexity needs to be unraveled and that most likely will require some powerful legal help and money.
From NCJ’s analysis, Erick Westervelt was convicted of a crime that he did not have the opportunity to commit. The jury was presented with a flawed investigation and prosecution along with an unsubstantiated theory. No one realized what had been done to him psychologically that most likely produced a false confession, which was also unsubstantiated.
Some telephone bells need to be ringing this year.
]]>Actual Innocence Justice Act of 2009
http://www.blog.northcountryjustice.com/index.php?entry=entry091218-130000
As of this time, there has been no significant action on the Senate bill or the counterpart Assembly bill A9430. Both bills are still in committee.
Interested parties should contact their respective state legislators and express their support for this important addition to the NYS Criminal Procedure Law.
]]>Another living nightmare is reversed.
http://www.blog.northcountryjustice.com/index.php?entry=entry091127-160000
BUT, it took a lot of legal expertise, money and time.
Dewey Bozella did the time; all 26 years of it, for a murder that he did not commit.
Being incarcerated in a New York State prison, he had no money and no connections.
How many more Deweys’ are there in New York prisons?
Are they going to get the help that he got?
What is it going to take?
Mr. Bozella said that the lesson for others unfairly convicted was to pursue justice against all odds.
“If I’d given up, I wouldn’t be in the position I’m in now,” he said. "There were times I wanted to sit down and cry. I’d say, when does it end? When does it end? Today it finally ended.”
]]>At last, a ray of hope!
http://www.blog.northcountryjustice.com/index.php?entry=entry091123-120000
People vs. Bermudez. Judge Cataldo’s decision not only exonerated Fernando Bermudez and ended 18 years of confinement; it provides a ray of hope for wrongfully convicted inmates in New York State to have their case reviewed by the court based upon a claim of “actual innocence”. When Bermudez's attorneys filed their motion to vacate his sentence (NY CPL 440), they included section 440.10(1)(h), which encompasses an individual's rights under the federal and state constitutions.
This Supreme Court decision is of notable importance to non-DNA cases such as the Erick Westervelt case.
Among others, the NY Times published an excellent interpretation of the decision and is a must read for anyone interested in wrongful convictions.
]]>Beyond A Reasonable Doubt?
http://www.blog.northcountryjustice.com/index.php?entry=entry091106-120000
As knowledgeable as the doctor is on the subject, the prosecutor discredited her testimony at every turn. An interesting part was noted when she began explaining how false confessions are generated. Dr. Redlich brought a copy of the Reid Manual into the courtroom. Because of the prosecutor’s objections, the jury was not permitted to accept any testimony about it.
The Reid manual contains the detailed “nine steps” that are taught to investigators worldwide and is more commonly known as the Reid Technique. This method of interrogation, taught by instructors from the John Reid & Associates company in Chicago, is widely accepted and regarded by many police investigators as the “art of interrogation”.
Dr. Redlich apparently was trying to explain how the Reid Technique, not properly administered, can produce disastrous results and contribute to false confessions. This fact has been acknowledged by the psychology profession as well as criminal justice systems.
Even though some police investigators have not actually enrolled in the course, they can easily gain some knowledge of the interrogation procedure via the internet, books, television or from other officers. It is not clear if the detectives in the Westervelt case ever had any formal training in the Reid Technique, but there is evidence of some of the steps being used. One very key point of the technique as discussed in the course is:
Voluntariness of statement is established along with corroboration of details.
NCJ cannot find any indication or any testimony on the part of the detectives that they conclusively corroborated any of the details that Erick Westervelt provided to them in the written statement that they claim is his “confession” to the crime.
Of course, this was the “confession” that the jury believed to be true and was accepted at face value.
Here is an abstract and evaluation of the Reid Technique:
]]>It Has Happened Again!
http://www.blog.northcountryjustice.com/index.php?entry=entry091026-140000
TROY, NY – October 23, 2009. Following a month-long trial, a jury found Adrian Thomas guilty of murdering his 4 month old son.
Another jury in the Capital District did not believe the videotaped "confession" might have been coerced by the detectives.
During a Voir Dire session in a juryless courtroom, the defense presented Dr. Richard Ofshe, a sociology professor at the University of California, Berkeley, an expert witness on false confessions and police coercion. The prosecution presented counter-expert Paul Cassell, a University of Utah law professor. The judge sided with Professor Cassell and decided that Dr. Ofshe’s testimony would not be allowed, thereby denying another Capital District jury from understanding why people offer false confessions.
Dr. Ofshe has been instrumental in educating judges and juries about false confessions in many high profile murder cases throughout the country. In most of those cases, the defendant benefitted by a much more objective jury analysis of the “Confession Session”.
Professor Cassell has a strong conservative background and is a crime victim’s activist. He has also been involved in trying to overhaul the Miranda ruling and criminal justice system.
Regardless of how his views influenced NY Supreme Court Judge Andrew Ceresia in this case, the option for a jury to properly evaluate the possibility of a false confession was denied.
Thomas’s confession might have been deemed coerced and therefore eliminating the only possible link to the commission of the crime.
Erick Westervelt was also denied the jury’s education about false confessions. Psychologist, Dr. Allison Redlich, the expert witness in his trial was allowed to testify but unfortunately, her lack of experience in this field and testifying on the subject, proved to have been a poor choice by the defense. As indicated in the trial transcripts, none of her allowed testimony was significant and efforts to be so were thwarted at every move by the prosecution. The result was totally counterproductive in proving that Westervelt’s statements were coerced into producing a false confession and apology.
Therefore, he was also denied the opportunity for a “confession educated” jury to evaluate the reliability and veracity of his written statement in order to eliminate the police connecting him to the commission of the crime.
]]>Too Late For Some.
http://www.blog.northcountryjustice.com/index.php?entry=entry091012-120000
NO logical recourse for prior cases. Presently, there is NO one with any authority to do anything except the District Attorney's office that prosecuted the case.
NCJ is not a legal firm representing Erick Westervelt. We are merely a “justice” oriented group of individuals familiar with the NY State Criminal Justice System. In previous blog entries, we have pointed out the obvious mistakes that contributed to his conviction and incarceration. There are several more serious events that were noted, but cannot reveal publicly, that are also known by Westervelt's defense team.
Westervelt was audio and video recorded during interviews at the Town of Bethlehem Police Department Squad Room. The videos were mediocre at best and the audio was less than acceptable with numerous inaudible responses from Westervelt. There were also serious continuity problems when the cassette tapes ran out and were not quickly replaced. Yet, the jury was led by the prosecution to interpret them as “confessions” of a guilty man. Like many typical situations, there is another side of the story that can be interpreted and explained from a different view.
On an interesting note, grant money has been made available for numerous police agencies throughout the state and the Capital district EXCEPT the City of Albany. The Albany Police Department has continually rebuffed any attempt to equip their interview rooms with recording equipment.
It was at the Albany South Police Station where Westervelt was interrogated for many more hours. He supposedly “willingly” signed a written confession regarding having a fist fight with the victim that subsequently implicated him in the commission of the crime of murder. He claims that numerous requests to contact a lawyer were denied and went unrecorded by the detectives.
The result of the interview at that time was:
CASE CLOSED
]]>News Flash
http://www.blog.northcountryjustice.com/index.php?entry=entry091010-170000
NY Bar Association: Videos expected to reduce false confessions
By Michael Virtanen, Associated Press Writer
Saturday, October 10, 2009 12:45 PM EDT
ALBANY, NY -- Concerned that aggressive, accusatory questioning can drive some innocents to confess crimes they didn't commit, the New York Bar Association has funneled grants for video equipment to four counties where police have begun recording interrogations.
The pilot project's goal is to ensure the reliability of evidence and prevent false confessions.
A recent study by an association task force found that false confessions had contributed to 12 wrongful convictions, later overturned.
The task force of lawyers, judges, prosecutors and scholars said confessions are persuasive in court and widely regarded as clear proof of guilt. Jurors, the groups said, commonly believe that an innocent person would never confess to a crime he did not commit.
While New York law requires corroborating evidence to support confessions, which are supposed to be voluntary, the report said that is apparently not always enough.
The group urged mandatory electronic recording of entire felony interrogations to help determine whether confessions are reliable, saying that should also reduce false claims of police coercion or dishonesty.
"Juveniles, the mentally disabled and the mentally ill — all particularly susceptible to aggressive interrogation techniques — account for a high percentage of the documented cases of false confessions," the task force reported.
While police often believe they can tell whether a suspect is being truthful, research shows they "are no more accurate in detecting deception than the average person," the report said.
The report noted one 1996 psychological experiment with college students who were told that hitting a particular computer key would cause a malfunction. They didn't know the computer was programmed to shut down automatically, regardless of what they did.
Interrogated afterward, and presented with fabricated "eyewitness" testimony, 69 percent confessed they caused the malfunction, even though they had not. Nearly 1 in 3 were convinced of their own guilt.
Dr. Saul Kassin, a psychology professor at John Jay College of Criminal Justice, said false confessions were involved in about 50 of the more than 200 overturned convictions tracked by the Innocence Project, a legal aid group. In the Annual Review of Law and Social Science, he wrote in 2008 that documented cases in studies "represent the tip of the iceberg the size of which is unknown."
"What is particularly amazing is that innocent people seldom invoke their Miranda rights and lawyer up, precisely because they are innocent and feel like they have nothing to hide," Kassin told The Associated Press. He calls videotaping a progressive step.
So far, 12 states and the District of Columbia require recordings. In New York, authorities in roughly half of the state's 62 counties voluntarily record some interrogations. Legislation in Albany to mandate recording failed to advance.
Westchester County District Attorney Janet DiFiore is using a $50,000 grant from the bar association to buy recording equipment for seven municipal police departments. Her investigators and several other departments previously got the equipment.
Association grants also went to Greene, Schenectady and Broome counties.
In Schenectady County, city and town departments with interview rooms began taping felony interrogations in 2008. District Attorney Robert Carney said the system is working well.
It provides "the best evidence," he said, of what was said during the interrogation and protects against the possibility police aren't reporting what happened accurately.
Carney said he has had to deal with false confessions too. One, several years ago, involved a homicide suspect, later cleared by investigators, who had agreed with suggestions made by his interrogators.
"It was just a weak-minded kid," he said.
Carney said, however, that he doubts false confessions are a significant factor in wrongful convictions.
In 2006, the state Division of Criminal Justice Services awarded $1.15 million to 23 counties, including all those in New York City, for recording equipment. It gave another $385,000 this year to 18 counties.
Deputy Secretary Denise O'Donnell, who heads the agency, said the use of video equipment is growing, but a mandate to record all interrogations would be expensive to implement.
Statistically, the number of wrongful convictions linked to false confessions is minuscule, she said, although, though even one is "a travesty."
]]>Five Years Ago Today
http://www.blog.northcountryjustice.com/index.php?entry=entry091008-120000
The severity of the skull fractures was indicative of blunt force trauma that was inflicted by a heavy dull instrument. Similarly, he suffered a broken right arm that may have also been the result of the same instrument.
For the past two days, Westervelt had been interrogated by detectives from the Bethlehem, NY police department. They focused on him as the prime suspect within a few hours after Gray was discovered. They proceeded to conduct an extremely flawed investigation that implicated Westervelt as the attacker. The “rush to judgment” blindsided the detectives so severely, that they failed to corroborate any of the “red flag” indicators that stood in their way of solving the crime. In other words, if something did not fit in with their theory, it was not thoroughly checked out and subsequently disregarded.
The detectives constructed a case against Westervelt that was totally unsubstantiated and the prosecutor convinced the jury that his false confession was the binding evidence. Not even the elements in his false confession were corroborated.
Much to Westervelt’s disadvantage was the fact that the detectives totally disregarded his one and only defense; his alibi. The Westervelt family all maintained that Erick was at home at the time of the crime. Not one detective even took the time to check out the possibility that he was in fact there.
Also to Westervelt’s disadvantage was being represented by an inexperienced defense team that was totally ineffective during the most crucial times of his trial.
Perhaps his alibi will be confirmed someday because absolutely nothing positively connects him to the commission of the crime.
In the meantime, five years later, he is still incarcerated and wondering if his innocence will ever be proven. That will only happen if the crime is ever solved or if there is some new and compelling evidence produced by his current defense team.
It is unlikely the case will ever be revisited by the authorities who have closed it upon his conviction.
;)