{"id":1711,"date":"2020-12-16T21:09:06","date_gmt":"2020-12-16T21:09:06","guid":{"rendered":"http:\/\/farefwd.com\/?p=1711"},"modified":"2020-12-23T01:09:59","modified_gmt":"2020-12-23T01:09:59","slug":"wrongful","status":"publish","type":"post","link":"https:\/\/farefwd.com\/index.php\/2020\/12\/16\/wrongful\/","title":{"rendered":"Wrongful"},"content":{"rendered":"\t\t
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Wrongful: A Story of Injustice Overturned<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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My interview with former death row inmate Ndume Olatsushani shook my faith in our justice system. But I found that my own attitude represented a larger problem.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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By Claire Gibson<\/em><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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I met Ndume Olatushani on an uncharacteristically warm day in Februray. He drove up in a gold sedan, rolled down the window, and invited me to get in. He needed to drive a few miles up the road and pick up some of his art that had been on display at a gallery. I could go with him. Before getting in his car, I hesitated.<\/p>

The man in the driver\u2019s seat was a convicted murderer. He\u2019d spent 27 years on death row. Sure, he\u2019d been wrongly convicted. That was the whole reason for the interview\u2014to learn more about his case and the long journey that led him from death row to new life. But even though I knew Ndume was innocent, I felt a rush of suspicion based on decades-old stereotypes. Then, I got in the car.<\/p>

Over the next few hours, I realized my hesitation was a central problem for our justice system. Our engrained prejudices toward those who find themselves on the wrong side of the law leave us blind to the injustices our fallible system inevitably inflicts.<\/p>

Ndume had been released from Shelby County Jail on June 1, 2012, nearly three decades after he was convicted and sentenced to death for a murder he didn\u2019t commit. His is a story of worst-case scenarios and a case study in justice system failures.<\/p>

Ndume was a happy, smart kid. The seventh of eleven children, he liked softball and begged his mother to get on the school bus years before he was old enough. During his formative years, Ndume\u2019s family lived in the Pruitt-Igoe Housing Project in St. Louis, a development synonymous with crime and segregation. (\u201cIt was demolished in the \u201870s,\u201d he says, \u201cbecause it had become so lawless.\u201d) At age five, Ndume remembers watching his neighbors stand by, indifferent, as a man was shot in broad daylight.<\/p>

\u201cI didn\u2019t understand it at the time, but it made an impact on me,\u201d he says. \u201cIt was summertime, and people were all outside, and I heard the shots, and I remember now when I look back, people had become so desensitized to violence. I remember hearing people laughing and saying that he got what he deserved.\u201d Nearly 20 years later, an all-white jury in Memphis, Tennessee would say the same about Ndume Olatushani.<\/p>

On October 2, 1983, a grocery store owner in Memphis was shot and killed during an attempted robbery. The getaway car had been stolen from a Hertz rental service at the St. Louis airport. The Memphis police and district attorney looked to St. Louis for leads. Somehow, the trail led to Ndume, a high school dropout with two prior convictions for petty theft.<\/p>

\u201cOne of the things that was never really explained in my case was how I was developed as a suspect in this particular crime,\u201d Ndume says, pointing out that the only connection he can identify is that he and the getaway car were both from St. Louis. Plus, he says, he had an alibi: He was celebrating his mother\u2019s birthday with family and friends in St. Louis the night the crime took place.<\/p>

\u201cI knew I hadn\u2019t committed a crime,\u201d says Ndume. \u201cI\u2019d never even been in the state of Tennessee, so I\u2019m thinking shortly thereafter, they\u2019d figure out that I\u2019m not the person that they\u2019re interested in. I thought it would just resolve itself. Unbeknownst to me, they were already serious about it at that point.\u201d<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Ndume spent his days on death row isolated in a tiny cell. Meals appeared through a slit in the door. Occasionally,\u00a0guards led him, shackled, to a small outdoor cage with no grass.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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Ndume was arrested in 1984. He was 24 years old. What followed was a chain of assumptions, errors, and omissions that fits a common pattern in wrongful conviction cases. After his first retained attorney abandoned the case at the last minute, Ndume hired a St. Louis attorney with little experience and less time to prepare. And despite the fact that in 1985, the population in Memphis was over 50 percent black, he faced an all-white jury.<\/p>

The prosecution\u2019s case hinged on evidence that appeal lawyers later claimed was tainted, fabricated, and indicative of possible misconduct. Though there were a number of eyewitnesses to the crime, none could make a positive identification of Ndume, and only one took the stand. As it turns out, prosecutors had repeatedly shown the witness photos of Ndume, telling the witness that the perpetrator had been caught and that the prosecution \u201cneeded his help.\u201d Even under that kind of duress, the eyewitness testified that he wasn\u2019t 100 percent certain that it was Ndume he\u2019d seen.<\/p>

Prosecutors also called two witnesses who testified that Ndume stayed at their home in Memphis the weekend of the crime. One later recanted, and the other was found to have a close relationship with a gang who had a history of stealing Hertz rental cars. Perhaps most disturbing, however, was the fact that the police failed to turn over evidence to the defense\u2014evidence that pointed to a different set of perpetrators altogether.<\/p>

The original trial took only seven days. On December 7, 1985, Ndume was found guilty. He was sentenced to death and led away to a concrete tomb.<\/p>

\u201cI was so angry sitting there, being a part of this whole sham process,\u201d Ndume says. \u201cYou know, the lawyer is telling me not to react to what is being said, even though people are sitting up there lying, and you know they\u2019re lying. I had to maintain this presence in front of the jury. But I think they wanted to convict me.\u201d<\/p>

\u201cI was this young black man sitting on trial before an all-white jury being accused of killing a white man in the South. It wasn\u2019t a real stretch for them to do what they ended up doing.\u201d<\/p>

Ndume spent his days on death row isolated in a tiny cell. Meals appeared through a slit in the door. Occasionally,\u00a0guards led him, shackled, to a small outdoor cage with no grass. After two years in these conditions, Ndume learned that his mother had died in a car accident.<\/p>

\u201cI hit rock bottom,\u201d he says, his voice clouded with emotion. \u201cThe last time I saw my mother, I told her that I didn\u2019t know what I\u2019d do if I lost her. I remember the last thing she said to me. She looked at me and said, \u2018You\u2019re going to know exactly what to do when the time comes.\u2019\u201d<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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There were no actual addresses, no easy leads, no DNA evidence to quickly overturn the case. Just lots of leg work tracking down witnesses by word-of-mouth.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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Over the next few years, Ndume took up painting, creating hopeful scenes on canvas from behind prison bars. And in 1991, he wrote a letter to Anne-Marie Moyes, a woman who facilitated prison art shows around the country. She was stunned by his work.<\/p>

Today, one of Ndume\u2019s paintings hangs in Anne-Marie\u2019s dining room: dark-skinned women swathed in luminous reds, blues, and yellows huddle together, gazing toward a misty, shimmering African horizon. There is nothing gray in Ndume\u2019s paintings, which is what struck Anne-Marie when she first saw his work more than twenty years ago.<\/p>

\u201cA lot of prison art ends up sort of being a representation of what people are experiencing in there,\u201d she says. \u201cHis paintings, they just stood out\u2026 these colorful, positive images that didn\u2019t carry any of the darkness of the place where they were created.\u201d<\/p>

Over a period of many months, Ndume and Anne-Marie became pen pals, then friends. But at first, he was afraid to reach out. He didn\u2019t even tell Anne-Marie that he\u2019d been wrongly convicted of the crime for which he was sentenced to death. \u201cI had to figure out the right time and the right people to talk to,\u201d he says. \u201cBecause most people have bought into this lie that everybody in prison is guilty, and\u2026 saying that they\u2019re innocent.\u201d<\/p>

Gradually, he began to share with her details of his journey to death row. \u201cThere wasn\u2019t this desperate energy to convince me,\u201d Anne-Marie says. \u201cHe had this inner peace that this was the truth, and that at some point it was going to come out. It\u2019s hard to explain, but it made me less questioning because he had such a peacefulness about him.\u201d<\/p>

As their friendship blossomed, she looked up old police reports, read trial transcripts, and marveled at what she learned\u2014that Ndume, it seemed to her, had been a victim not of mere incompetence, but of institutional corruption and egregious injustice. \u201cIn order to advocate for him, I needed to understand his case and the legal issues in it,\u201d she says. \u201cI was immersed in thinking about what had happened to him, and at some point I realized I wanted to go to law school.\u201d<\/p>

In 2002, Anne-Marie graduated first in her class from Vanderbilt University Law School\u2014nearly ten years after she\u2019d first met Ndume. She took a job with the Metro public defender\u2019s office as a trial lawyer, and on the weekends, she dug into the facts of Ndume\u2019s case, with the help of University of Memphis professor Margaret Vandiver. Together, they retraced the error-ridden investigation that led to Ndume\u2019s conviction. The two-year search sent her back to the streets of Memphis, seeking out the original cast of characters: eyewitnesses to the robbery-murder, those who testified against Ndume, and people who likely were involved in the crime.<\/p>

Anne-Marie learned to navigate an unfamiliar cultural landscape, where people were hard to find and can be even harder to convince to talk. There were no actual addresses, no easy leads, no DNA evidence to quickly overturn the case. Just lots of leg work tracking down witnesses by word-of-mouth.<\/p>

Despite the obstacles, Anne-Marie\u2019s investigation brought to light much of what Ndume\u2019s original trial left in the dark. In tandem with Cleary Gottlieb Steen & Hamilton, an international law firm that had taken on Ndume\u2019s case in the 1990s, Anna-Marie uncovered key evidence that the prosecution had withheld. What they found pointed to an entirely different set of perpetrators, a group of men and women they called the \u201cBrown Gang\u201d that had a history of stealing Hertz rental cars, and a family connection to one of the witnesses who\u2019d wrongly IDed Ndume as the shooter.<\/p>

\u201cThat was really hopeful,\u201d Anne-Marie says. \u201cThat immediately was exciting and energized us to keep doing what we were doing. I remember saying to someone, \u2018I\u2019m going to get him out. This is going to happen.\u2019\u201d<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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The issue is people like me. People who have very little experience with the justice system and assume that that system is working. When in reality, it\u2019s not.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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Even as evidence against Ndume crumbled, the system that so summarily sentenced him to death moved even more slowly to deliver him real justice. In 1999, the Tennessee Court of Criminal Appeals ruled that prosecutors had withheld evidence\u2014in violation of the Brady Rule\u2014and the court overturned his death sentence.<\/p>

Five years later, in 2004, Ndume was resentenced to life in prison. Seven years after that, Ndume\u2019s case remained locked in a bureaucratic prison, as his legal team filed again and again for a new trial. There were countless petitions and motions, Ndume remembers ruefully. \u201cI had to have a hearing to see if I was going to be allowed to have a hearing,\u201d he says.<\/p>

In 2011, Ndume\u2019s lawyers argued his case at the Court of Criminal Appeals, but as the defendant, he wasn\u2019t allowed to be present. \u201cFor the first time, it felt like the court was holding the state\u2019s feet to the fire,\u201d Anne-Marie recalls. \u201cThe whole energy of the argument just felt different, like the tide had shifted.\u201d They waited four months for the decision to arrive. Finally, the court overturned Ndume\u2019s original conviction.<\/p>

Rather than face another trial, and potentially, more jail time, Ndume accepted an Alford Plea\u2014an unconventional legal maneuver in which a defendant pleads guilty while claiming innocence in exchange for a suspended sentence. Even in offering freedom, the justice system held onto its faulty conviction.<\/p>

But despite the painful journey, there was a silver lining. All along, Anne-Marie had held onto her belief that she could help set him free. By that point, she wasn\u2019t just certain of Ndume\u2019s innocence\u2014she was sure that she was in love. Three weeks after Ndume was released from prison, he and Anne-Marie were married.<\/p>

\u201cFor me, there\u2019s this whole other story of my personal journey through it,\u201d Anne-Marie says. \u201cThere were people I was close to\u2026 that felt like I was throwing my life away. It created real tension in relationships. It can be a really isolating thing. People were quick to think I was crazy.\u201d<\/p>

Crazy. The way I felt for getting in a car with a convicted murderer. People thought she was crazy because they held the same prejudices I had felt mere hours earlier.<\/p>

As we finished up our conversation around Anne-Marie and Ndume\u2019s kitchen table, I realized the reason that Ndume stayed in prison so long wasn\u2019t just because of prosecutors who covered up evidence, or witnesses who lied, or a bureaucracy that prioritized paperwork over a person\u2019s life..<\/p>

The issue is people like me. People who have very little experience with the justice system and assume that that system is working. When in reality, it\u2019s not.<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Claire Gibson<\/strong> is a writer living in Nashville, Tennessee. Her pieces have previously appeared in<\/em> The Christian Science Monitor and<\/em> The Tennesseean, and her interview with Ndume Olatushani was published by <\/em>Pursuit Magazine in April 2013. She is an alumna of Teach for America and holds a degree in Political Science and Asian Studies from Furman University.<\/em><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

My interview with former death row inmate Ndume Olatsushani shook my faith in our justice system. But I found that my own attitude represented a larger 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