From left: Antron McCray, Raymond Santana Jr., Kevin Richardson, Yusef Salaam and Kharey Wise in 2012 outside a theater before the New York premiere of “The Central Park Five.” Credit Michael Nagle for The New York Times The five black and Hispanic men, ages 14 to 16 at the time of their arrests, claimed that incriminating statements they had given had been coerced by the authorities. The statements were ruled admissible, and the men were convicted in two separate trials in 1990. In December 2002, an investigation by the Manhattan district attorney, Robert M. Morgenthau, found DNA and other evidence that the woman had been raped and beaten not by the five teenagers but by another man, Matias Reyes, a convicted rapist and murderer who had confessed to acting alone in the attack. Concluding that the new evidence could have changed the original verdict, Mr. Morgenthau’s office joined a defense motion asking that the convictions be vacated. If approved, the settlement would fulfill a pledge by Mayor Bill de Blasio to meet a “moral obligation to right this injustice.” The proposed settlement averages roughly $1 million for each year of imprisonment for the men. That amount would suggest that the city was poised to pay one of the men, Kharey Wise, who spent about 13 years in prison, more than it has in any wrongful conviction case. The other four men — Kevin Richardson, Antron McCray, Yusef Salaam and Raymond Santana Jr. — served about seven years in prison. The lawsuit had accused the city’s police and prosecutors of false arrest, malicious prosecution and a racially motivated conspiracy to deprive the men of their civil rights, allegations which the administration of Mayor Michael R. Bloomberg denied and fought vigorously for more than a decade in federal court. In contesting the suit, the Bloomberg administration argued that the authorities had acted in good faith and with cause, and should not be held liable. In 2011, a senior corporation counsel lawyer said that the charges had been supported by “abundant probable cause, including confessions that withstood intense scrutiny, in full and fair pretrial hearings and at two lengthy public trials.” Continue reading the main story In early 2013, the city’s Law Department echoed those views. “The case is not about whether the teens were wrongly convicted,” a department spokeswoman said. “It’s about whether prosecutors and police deliberately engaged in misconduct.” But in January, lawyers for Mayor de Blasio asked the court to delay the litigation so that the new corporation counsel, Zachary W. Carter, could “get up to speed on the facts and the circumstances” of the case. Later, the mayor said that Mr. Carter was “committed to making sure we get to that settlement quickly, some complicated issues, but we’re going to work through them very, very quickly.” If the proposed settlement is approved by the comptroller, Scott M. Stringer, it would then be submitted for approval to Judge Deborah A. Batts of Federal District Court in Manhattan. In 2007, Judge Batts rejected the city’s motion to dismiss the suit and allowed most of the claims to proceed. In such settlements, the city typically does not admit liability or wrongdoing; and any settlement with the five men would presumably include the legal fees and costs. Aides to Mr. de Blasio, Mr. Carter and Mr. Stringer all declined to comment on Thursday when asked about the discussions, as did Jonathan C. Moore, a lawyer representing four of the men. A lawyer for the fifth man did not return a message seeking comment. The proposed deal comes not long after the city said it would settle two longstanding lawsuits involving the Police Department’s stop-and-frisk practices. In that litigation as well, Mr. de Blasio reversed the city’s long-held position, and he agreed to sweeping court-ordered reforms that the Bloomberg administration had tried to block on appeal. Continue reading the main story RECENT COMMENTS daytonohiovolunteer 50 minutes ago The Fraternal Order of Police framed me in Dayton, Ohio. The Federal Government has followed me with drones in my yard, followed me and my... Loren 50 minutes ago According to the reports of these men they were robbing people before this incident. While it is sad that they were wrongfully convicted... P.s. Pinchback 50 minutes ago If there ever were a settlement that I thought that was to low, this is it! SEE ALL COMMENTS WRITE A COMMENT The mayor made that announcement at a news conference in Brownsville, Brooklyn, where stop-and-frisk tactics had been widely used. He appeared with Mr. Carter; the police commissioner, William J. Bratton; and, in a show of unity, lawyers with groups that had sued the city. It is not yet known if or how the mayor might announce a settlement of the Central Park lawsuit, if it is approved. Over the years, the men have consistently maintained their innocence in the rape of the jogger, Trisha Meili, who was left with no memory of the attack. (Years later, Ms. Meili revealed her identity and wrote a book, “I Am the Central Park Jogger.”) In prison, three of the men — Mr. Richardson, Mr. Salaam and Mr. Santana — maintained their innocence in the rape at parole hearings, where such a stance hurt their chances at a reduced term. At the hearings, the men acknowledged being in the park as part of a group of teenagers, some of whom committed assaults unrelated to the attack on Ms. Meili, and most expressed regret for the events, without going into specifics, transcripts show. Mr. Santana indicated in his hearing that the larger group was out to rob people. “I took part in with the beatings of that man,” he said of one victim, adding, “If I could go back in time and not do it again, you know, it would have been a whole different story.” Continue reading the main storyContinue reading the main storyContinue reading the main story The men’s lawyers have long said that their clients committed no crimes in the park that night. CONTINUE READING THE MAIN STORY 508 COMMENTS In recent years, the case remained in the public eye, largely through a documentary, “The Central Park Five,” made by the filmmakers Ken Burns; his daughter, Sarah Burns; and her husband, David McMahon. As recently as last Friday, about 100 people gathered at the Brown Memorial Baptist Church in Brooklyn to view the film and to hear a talk by one of the men, Mr. Salaam. He described the stigma of living with the brand of being a rapist. “It wasn’t a popular thing to be one of us,” he said. The film, he added, “really gave us our lives back.” At one point, he addressed the lawsuit. “Mayor de Blasio has said that he will settle this case for us and there has been some positive motion,” Mr. Salaam said, adding, “We’ve been waiting for 25 years for justice.”
Posted on: Fri, 20 Jun 2014 22:35:09 +0000
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