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Our client was arrested 2 weeks ago because he was a Black dude holding a Target bag. He had no other features of the assailant—no square glasses no facial hair no bike helmet. Still when the alleged victim mistakenly id’d him, cops arrested and DA charged multiple felonies. 1/
No corroboration. 100+ years of social science research about unreliability of eyewitness ID be damned. Full knowledge that mistaken ID is the leading cause of wrongful convictions ignored. 2/
Surely the judge released him immediately, right? Guess again. Bail set. Innocent indigent Black man detained pending trial. 3/
Meanwhile police got nearby surveillance video a few days later and then the arresting officer saw and photographed the actual guy who got into it with the reported victim, still wearing the square sunglasses and blue bike helmet. 4/
Surely police ran over to the prosecutor’s office to immediately right the wrong and free an innocent man? Nope, they just sent over the new material in the ordinary course, flagged in no way to stand out from the surrounding packs of paper. 5/
Surely the prosecutor, uneasy having jailed a man who didn’t match the description on uncorroborated eyewitness ID was on high alert for more info? Nope, he didn’t see the new info and for a week he ignored the public defender’s repeated request for the surveillance video. 6/
Finally though, the video and supplemental police report with the other guy’s photo were given to the public defender who forced the prosecutor to look at it who did the right thing and dismissed the case. A relatively happy ending. 7/
Our client suffered two weeks of jail for nothing, not years and years. He has been exonerated. Cause for relief, but not celebration. 8/
Because this man has suffered, again, the indignity of the state treating him as less than. Of knowing his body is not his own but is subject to being snatched up at any given time. 9/
So beaten down or angry or broken, he refused to talk to his lawyer while in jail. At all. Refused to even sit with her. Refused to come to court. His trauma is palpable. 10/
So happy holidays y’all. Hold your close ones closer. And rest up—we all must carry this fight. Every single day.
