Here we go again, the criminal justice system and the NYPD gets it wrong. How many innocent people will have to spend years and decades in jail before something is done? This is not the first and will not be the last time that this type of injustice will be perpetuated against United States citizens. So what I am talking about? In 1991, a Hispanic man was charged with murder based on the eyewitness testimony of a convicted felon. No, there was no DNA evidence, no corroborating evidence; just a flawed criminal justice system. I am not saying that the defendant, Mr. Fernandez Bermudez, was a good guy. He was convicted of a drug felony and has not served his felony time, but after what he has gone through, I think the criminal injustice system should give him a pass on this one. What do you think? Read the article for your own edification.
NEW YORK — A judge Thursday threw out a murder case against a man imprisoned for nearly two decades and declared he was innocent, saying a key witness lied and others influenced one other into identifying him as the shooter.
Fernando Bermudez cried and hugged one of his lawyers as the judge took the unusual step of not only overturning his 1992 conviction but dismissing the charges, rather than calling for a retrial.
Bermudez "has demonstrated his actual innocence," state Supreme Court Justice John Cataldo said. "This court wishes to express its profound regret over the past 18 years. I hope for you a better future."
With his parents, wife and other relatives sobbing and applauding in the courtroom, Bermudez was led away after the ruling. The 40-year-old remains behind bars for now because of an unrelated federal drug-sale conviction that carried a 27-month sentence. His lawyers plan to ask federal authorities to credit him for the time he has served and release him.
"This is too long, but justice is ours today," his tearful wife, Crystal, said outside court. "He's a good man. He didn't deserve to have this happen to him."
The ruling bars a retrial, and the Manhattan District Attorney's office had said it wouldn't pursue one because eyewitnesses have recanted and would no longer testify. But prosecutors said they still believe Bermudez is guilty and were examining their options, including a potential appeal.
"We strongly disagree with the judge's decision," Chief Assistant District Attorney Mark Dwyer said. "We don't think the defense has shown that there was anything wrong with the verdict."
The Aug. 4, 1991, shooting killed 16-year-old Raymond Blount. He was gunned down as he left a nightspot near Manhattan's Union Square after getting into a fight with another teen inside the club.
The other teen identified Bermudez as the gunman, and four bystander eyewitnesses identified him from police photograph files and then a lineup.
Four of Bermudez' friends testified that he was with them, miles away, at the time of the crime; friends of Blount's also said Bermudez wasn't the shooter, according to the judge's ruling. No forensic evidence linked him to the crime.
Bermudez' lawyers presented evidence that the eyewitnesses had improperly consulted among themselves before picking him from police photos, instead of identifying him separately. They have subsequently recanted.
Prosecutors say Bermudez' defense team threatened or induced them to change their stories, but the judge found "no improper conduct."
The teen involved in the fight – who testified against Bermudez under an agreement sparing him criminal charges – delivered "a total fabrication" on the witness stand, Cataldo wrote. He said a roster of evidence actually pointed to one of the teen's friends, who has denied involvement.
"You combine the cooperating witness who lied with the eyewitnesses who conferred with one another, and you have an innocent man in jail for 18 years," said one of Bermudez' lawyers, Barry J. Pollack.
While serving a sentence of 23 years to life, Bermudez has completed most of a college degree, his family said. He and his wife have three children.
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8 comments:
All of the time this man has spent in jail, he's completed his time for his own conviction and a few more to come, if he wanted revenge. It's a shame how our technology and evidence, well lack of evidence can be so promising but we still see what we want to see. Now think of how that man has to start all over. Think how he has to get to know each and every last one of his kids all over again. Think of all the memories he should have been sharing with his family have all been missed.
It's a shame people
tbynum 9458
after all that time that man has lost while he was in jail,with all the pain and suffer that man been through , all the bad thing that is going on in those jail house. no matter what any one do or no matter how much money they give to him for his time or how many people feel sorry for him nothing can ever replace what that man has lost in his life. it will be really though on him to reintegrate in his new life stile.as for the other charge they have on him ,i think he already did enough they should let the man go free.JS7920
Darnell This troubles me, for several reasons. An innocent man has spent 20 years of his life incarerated for a crime he didn't even commit. Now I ask the question, where is the justice? There is absolutely nothing anyone you do to give that man his life back. Not to mention, what he has witnessed and experienced in the prison. In my personal opinion I feel our justice system is unjust.
This is clearly injustice. A lot of times in the movies when the authorities don't have the answers they usually just decide on the best lead they have. I don't know how much this applies to real life but I have learned things in the media are emulated from real life. The slogan seems to be someone has to pay for this it doesn't necessarily matter who. I hope Bermudez goes on to live a fulfilling life since so much of it was already unlawfully taken from him. It's very scary to realize that the justice system is not always just, anyone could end up punished, just being picked from a hat because law enforcement does not do it's job effectively or efficiently. LC1736
For those of you that know me, my posture has not changed. "It is not the technology, forensics evidence, nor common sense is lacking here; it is simply an injustice system that had been established and guaranteed Westerners( from the old Europeans to new Americans)continual wealth dated long before the 21st century Americans. Colored people had a long history of being victimized by this synthetic society. Mind you,Bermudez is not alone in this circumstance; you and I could be a vimtim of this practice too. Furthermore, there are two major ways an empire can get wealthy, either by commerce or by war. Clearly, you and I know that our country is not making A's or B's(doing good) in commerce, and therefore, the deceitful system has to find a "scapegoat" to bear their defect. In doing so, enrich their sense of entitlements over colored people which guarantees or deems a smooth pathways (wealth)for caucasians' unborns and generations to come. "21st century is an era to bring deceits, injustices, power, racial disparties and others to the spotlight and revolutionize the system. So, all Americans can be judge fairly, not by the colors of the skins.
A.A. 2467.
this is pure awfulness. i cant imagine been in his shoes. they justice system needs a makeover.
Nice fill someone in on and this fill someone in on helped me alot in my college assignement. Thanks you for your information.
How can society not see what is wrong in this picture. it is esy to convict an inocent then to convict a criminal. criminals tend to know more of the system then and inocent person.
JE>7974
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