10/04/2024
YESTERDAY CONCLUDED A TWO DAY MERITS HEARING FOR A MAN FIGHTING TO RECEIVE COMPENSATION FOR HIS WRONGFUL ARREST, CONVICTION, AND CONFINEMENT. He spent 39 years in prison after being falsely arrested, tried, and convicted for a double homicide that occurred on April 23, 1984, @ 3:30a, at the Chandelier Night Club, an old after-hours spot, once located on the corner of Reisterstown Road and Orem Avenue in Baltimore City. He was sentenced on December 21, 1984, to 103 years in prison. My Client was 22 y.o, at that time of sentencing. He is 62 y.o today.
Ever since the day he was arrested my Cient has relentlessly fought for his freedom. He never succumbed to the belief that he was supposed to be imprisoned or that he’d spend the rest of his life jail. He always knew he would be free one day. My Client, over decades, has filed numerous appeals, motions, petitions, writs, —you name it, and over decades, after very lengthy trial and appellate processes, he had been denied every time. Yet, he never gave up on his on his enormous faith in God’s favor. Each denial made him more and more determined in his resolve to keep fighting. Maintained his innocence every step of the way, you could never convince him that it was God’s for him to remain incarcerated until the day he died. He knew one day, he would be free again.
On or about February 16, 2023, my Client finally received his breakthrough. He filed a Petition for Writ of Actual Innocence a few years prior based upon newly discovered evidence. In a four page opinion, his Petition was granted. With the help of the Maryland Public Defenders Office and the Innocence Project, it was discovered, decades after my Client’s convictions, that the State’s Fi****ms & Toolmarks expert, Joseph Kopera, had fabricated his credentials, forged documents and lab reports, and provided false testimony in 100s of State and federal criminal cases in Maryland and beyond. Once discovered, Kopera’s pattern and practice of dishonesty, lying under oath, and deceit was widely publicized and spread throughout the legal and law enforcement communities like wildfire. Amid all of the pressure surmounting from the revelations, the disgraced fi****ms expert, Kopera, ironically used one of his own fi****ms to “unalive” himself.
Once the court reviewed my Client’s case, excluding the testimony of the disgraced Kopera, it found the remaining evidence (which was all circumstantial at best with no nexus) insufficient to sustain any of his convictions. The court, as mentioned above, granted the Writ of Actual Innocence and on April 3, 2023, my Client was released from prison. Although overjoyed by his new found freedom so much has been lost since he was confined.
While incarcerated, 2/3 of his life was stolen. My client never had the opportunity to bare children, he was never present for his family milestones, additions, and expansions. He lost both of his parents while incarcerated whom he was close to and loved dearly. He never got the opportunity to take care of them when their health declined nor attend their funerals when they transitioned. Everyday in the penitentiary he had to fight to survive in one way or another.
Today, my Client is blind in his left eye because he was hit with a lock-in-a-sock (sock or batteries placed in a tube sock to be used as a weapon). Prison officials and prison gangs ruled the yard. In order to survive my Client had to build prison alliances to ensure his protection and foster brotherhood. Knowing he was not supposed to be imprisoned before the law caught up, my client had to get used to the stench of raw f***s, vomit, and stale urine emanating from the toilet near the head of his bed. Everytime his cellmate used the toilet, he was mere feet away from where he laid his head. There was no partition walls separating the toilet from the rest of the 8x10 jail cell.
My Client also had to become immune to the cries of grown men bartered, broken, and emasculated for ci******es, chocolate milks, and ramen noodles; or physically violated for dominance, ego, or to satisfy the prurient interests of other men. Most devastating to my Client was being stripped of his humanity, dignity, and rights only to be relegated to a prison ID number.
It makes for extreme discomfort to be told as grown men when to go to bed, when to wake up, when to shower, when to eat, when to enjoy recreation and when to come in. Being stripped of control and agency over your person is a devastating reality that never set well with my Client. He did not deserve to be there and he knew one day he’d be free.
After my Client’s “one day” turned in to “day one” of freedom, he understood that Maryland owed for his wrongful incarceration. He sought counsel to look into what were his rights. I took his case bc his story and his faith resonated with me greatly. This man was a true fighter with a positive spirit, it’s hard to believe that he served time at all, much less 39 years for a double homicide he did not commit. But that was his reality and I wanted to help.
We filed for relief under the relatively newly enacted Walter Lomax Act (SFP 10-501) which provides compensation and wrap around services to individuals wrongly convicted and confined. We thought the process would be easy since we were armed with a Writ of Actual Innocence signed by a State Court judge. We could not have been more wrong.
Despite receiving a Writ of Actual Innocence, a Claimant under the Walter Lomax Act (WLA) has to prove his innocence in front of an Administrative Law Judge (ALJ), rather than a jury, to be eligible for compensation. The judge has to be persuaded by “clear and convincing” evidence for a person wrongly convicted to be eligible for compensation and services. The “clear and convincing” standard is pretty much the civil analogue to “proof beyond reasonable doubt” —used in criminal cases. Except in WLA cases, the burden shifts to the Claimant/my Client to prove once again that he is innocent of the charges for which he was wrongfully convicted.
The Writ of Actual Innocence is but one factor for the ALJ to consider among many others. Don’t get me wrong, the Writ of Actual Innocence is helpful and carries weight, but it is not dispositive of the case or the issues necessarily attendant thereto. My Client could actually be denied compensation from the State after serving 39 years in prison for a crime he did not commit if he fails to convince the ALJ of his innocence.
The two-day hearing was grueling, we had to comb through hundreds of pages of transcripts and pleadings, visit what’s left of the crime scene, canvas neighborhoods, attempt to locate witnesses, collect whatever evidence we could, inspect court records, take pictures, etc. What made the process even more challenging was the fact that neighborhoods have changed, witnesses have died or forgotten about the case, the area is no longer the same. Indeed, the Chandelier Nightclub/After Hours Spot is no longer in existence, it’s now an African apparel store and so on and so on. Nonetheless, we believe we were able to meet all of these challenges and presented what we hope to be a strong case that more than meets the standard of proof we have to satisfy. Perhaps the hardest part of this case is not knowing for sure what the ALJ will decide.
In the meantime, I’m just asking for your prayers in this matter. My client has been through a lot in his lifetime and lost a lot. It is unimaginable what has happened to him over the years, and it is a miracle he has been able maintain such a positive outlook and attitude toward life. This case means a lot to me and I’m hopeful my Client will receive just compensation and services for all that he has endured over the years and lived to talk about. —The Warrior Lawyer®️!