Central Park Rape Convictions Tossed
Five Men Cleared After DNA Implicates Another Man For 1989 Attack
By Dan Collins - CBS News
Dec. 19, 2002
Thirteen years after the brutal rape and beating of a Central Park
jogger, a judge on Thursday dismissed the convictions of all five
men who served prison time for the attack.
State
Justice Charles Tejada, moving more quickly than defense lawyers
and prosecutors had expected, dismissed all indictments against
the five less than a week before Christmas. His ruling wasn't
expected until Jan. 6.
The decision to dismiss
the indictments means prosecutors would have to start from scratch
with a grand jury to retry the five.
Tejeda's
decision came after lawyers from the police detectives' union
unsuccessfully tried to block his ruling. The Detectives'
Endowment Association wanted an evidentiary hearing first, said
attorney Philip Karsyk.
The primary evidence in
the case had been confessions made to detectives.
Supporters of the accused have said those statements were coerced.
The five black and Hispanic youths were between the ages of 14 and
16 when they were arrested in connection with the April 19, 1989
attack on the white investment banker.
No
forensic evidence linked any of them to the crime scene.
The five, now ages 28 to 30, completed prison sentences ranging
from 5 1/2 years to 13 years on their convictions.
Tejeda's decision came two weeks after Manhattan District Attorney
Robert Morgenthau recommended dropping all the convictions in the
case.
Morgenthau's recommendation came 11 months
after a convicted rapist, who had never before been under
suspicion, confessed and said he acted alone in committing the
crime that had been blamed on a gang of "wilding" youths. DNA
evidence backed his claim.
Tejeda's ruling opens
the door to civil suits against the city and frees the men, now in
their late 20s, from having to register as sex offenders for the
rest of their lives.
The 28-year-old victim was
left for dead in a pool of mud and blood after the attack on April
19, 1989. Now 41, she has said she has no memory of what happened,
preventing her from helping identify any suspects.
The woman lost three-quarters of her blood, and her body
temperature dipped into the 80s. She was bruised from head to toe;
on a scale of 3 to 15 used by neurologists to measure brain
function, she was rated a 4. She spent 12 days in a coma.
The case remains an infamous benchmark in city history. The jogger
was assaulted as dozens of teenagers descended on Central Park
that night to mug runners and bicyclists — a crime spree dubbed "wilding."
That the attack happened in Manhattan's bucolic oasis and was so
random in nature terrified many New Yorkers in an era when the
city's crime rate was soaring.
Defense attorneys
said the youths, all from Harlem, were coerced into bogus
confessions by police. But until January's confession, there
seemed to be little chance of overturning the convictions against
Antron McCray, Kevin Richardson, Raymond Santana, Kharey Wise and
Yusef Salaam.
The confession came from Matias
Reyes, 31, who is currently serving a life sentence for raping
three women near Central Park and for raping and killing a
pregnant woman. He said he broke his long silence after finding
religion.
Reyes told investigators he raped the
jogger, crushed her skull with a rock and left her for dead. He
also said he followed his usual pattern of acting alone.
Test results returned in May confirmed Reyes' DNA matched semen
collected from the jogger's body. The same tests failed to link
the five youths to the savage crime scene.
The
former prosecutor in the case, Linda Fairstein, recently said she
has no doubts the five are guilty and that Reyes merely finished
the assault.
The case involving minority
defendants and a white victim dominated headlines and stoked
racial tensions. Developer Donald Trump took out newspaper ads
saying the attack was worthy of the death penalty.
Investigators said blond hair found on one of the youths matched
that of the victim. But there was no match on semen samples, or
other compelling physical evidence.
The men were
convicted anyway in 1990 after jurors watched their videotaped
confessions. "We all took turns getting on top of her," McCray,
then 15, told police in one tape.
The defense
insisted those confessions were forced out of the youths by police
who kept them under questioning for hours.
Over
the past year, the defense had said Reyes' confession, along with
police knowledge that he had attacked another woman in the park
two days earlier, were sufficient to nullify the rape convictions.
However, news reports suggested that police wanted to stand by the
youths' convictions on other charges.
Police and
prosecutors questioned Reyes' story, saying there was no guarantee
the convicted rapist was telling the truth about the attack.
Central Park Revisited
Thirteen years ago, the Central Park jogger
case gave callous new faces to New York's social breakdown and
began to usher in the Giuliani era. Now a new confession has
reopened old racial scars and raised questions about how police do
their work.
By Chris Smith - NYmag.com
He wiped her blood off his hands and went home.
Left behind, in a shallow ravine near Central Park's 102nd Street
transverse, was the brutalized body of a 28-year-old woman. Matias
Reyes says he had raped and beaten her so viciously that he
assumed she would die. The curly-haired 17-year-old boy calmly
strolled north, into the night.
Thirteen years later, Reyes returns to the
scene of the crime. This time he is in handcuffs, after a six-hour
drive from the cell in a state prison near the Canadian border
where he's serving 331⁄3 to life after pleading guilty, in 1991,
to four rapes and the murder of a pregnant woman. For this visit
to the 102nd Street transverse, on a spring day in 2002, Reyes is
accompanied by investigators from the Manhattan district
attorney's office. They want to test the claim that Reyes waited
until this year to make: that on the night of April 19, 1989, he
and he alone attacked the woman who became known around the world
as the Central Park jogger.
His first appearance at this spot triggered
events that nearly consumed the city. Now the return of Matias
Reyes is roiling dozens of lives all over again.
Five teenagers were convicted of the attack on
the Central Park jogger, in two stormy trials. All pleaded not
guilty and claimed that their videotaped confessions were
concocted by the cops. Antron McCray, Kevin Richardson, Raymond
Santana, Yusef Salaam, and Kharey Wise served sentences ranging
from five to thirteen years. Wise got out of prison August 12 --
just months after the only DNA collected at the crime scene, which
was never tied to any of the accused, was matched to Reyes.
In August, lawyers for the five petitioned to
have the convictions dismissed, saying that new evidence --
Reyes's confession and his DNA -- had surfaced that could have
substantially altered the original verdicts. The D.A.'s office has
been reinvestigating the Central Park case for nine months -- but
on October 21, Robert Morgenthau's office will be back in State
Supreme Court asking for a 30-day extension. Reyes has now been
linked to eight rapes in a seven-month period, including one in
Central Park on April 17, two days before the infamous jogger
attack.
No matter what Judge Charles Tejada ultimately
decides, the case has already had multiple, dramatic consequences:
most tragically for the jogger, who nearly died. After years of
rehabilitation, she still suffers from impaired vision and sketchy
balance. Her emotional trauma is unquantifiable. And five
anguished families watched their sons disappear into prison.
The case also changed the city itself. Bigger
trends -- the crack plague, the economic bust and then boom --
played dominant roles in the story of the nineties. But the
symbolism of the Central Park case altered everything from two
mayoral elections to the reaction when a knot of teenage boys
appeared on a dimly-lit sidewalk.
Now the case returns, uncannily, as anxieties
about crime, civil rights, and the economy revive -- and as part
of a revolution sweeping the criminal-justice system, courtesy of
DNA testing and a new concern about false confessions.
*****
New York in the spring of 1989 was a city of
jangling nerves and rising fears. Crack was blighting whole
families and neighborhoods. Violent-crime rates were rising for
the third straight year, and homicides would set a record. On Wall
Street, the mergers-and-acquisitions bubble was giving way to
corporate scandals. A new buzzword, underclass, was
emerging as the label for the seemingly intractable urban
pathology spawned by poverty.
Race relations framed many of the media's big
stories. The Reverend Al Sharpton was still loudly proclaiming
that Tawana Brawley told the truth. Three white men convicted of
chasing a 23-year-old black man, Michael Griffith, to his death on
the Belt Parkway were beginning a contentious appeal.
And 1989 was a mayoral-election year. Ed Koch's
shrillness was a central issue in a tight Democratic-primary
campaign. His strongest rival, Manhattan borough president David
Dinkins, was, not coincidentally, a black man with an anodyne
personality. Racial tensions worsened in August, when 16-year-old
Yusef Hawkins, a black kid lost in Bensonhurst, was attacked by
racist white thugs, shot, and killed.
Beneath these volatile events churned the
Central Park jogger case. The victim was white and middle-class
and female, a promising young investment banker at Salomon
Brothers with a Wellesley–Yale–Phi Beta Kappa pedigree. The
suspects were black and Latino and male and much younger, some
with dubious school records, some from fractured homes, all from
Harlem. That the crime took place in Central Park, mythologized as
the city's verdant, democratic refuge, played right into the theme
of middle-class violation.
Almost from the moment the jogger was found,
the Central Park case has existed as a vehicle for clashing
worldviews: that held by the older, white, traditional-family-structure
New York and that of the newer, nonwhite, poorer, marginalized New
York. The furious reaction to the arrests and the trials
illustrated how stark that cultural divide had become. And though
the current legal breakthrough in the jogger case comes from the
advent of cold, scientific DNA testing, the war for perceptions
remains trapped in opposing views of the police: faith or mistrust.
Mike Sheehan, 54, one of the key detectives in
the Central Park case, comes out of the city's tradition of street-savvy
Irish cops. Michael Warren, 58, the lawyer who is trying to
vindicate McCray, Richardson, and Santana, comes out of the
sixties tradition of black radicalism. Both men, and the camps
they represent, are tenacious in defending their sense of
emotional innocence. "All this stuff about coercion really pisses
me off," Sheehan says. "Do you honestly think that we --
detectives with more than twenty years in, family men with
pensions -- would risk all of that so we could put words in the
mouth of a 15-year-old kid? Absolutely not."
"Oh, the police are lying," Warren says. "Absolutely.
I've spoken to the parents, I've spoken to our clients, and I've
seen the effect on them when they begin to tell the story of what
was done to them during the interrogations: They break down. So I
don't have any question as to their version of what took place."
Unfortunately, for everyone else, the hardest
thing to come by in this case has always been absolutes.
On Wednesday, April 19, 1989, at about 9 p.m.,
reports began filtering into the Central Park precinct that a
marauding gang of youths was beating up joggers and bicyclists.
The initial response was haphazard. Jogger David Good approached
an officer on a scooter to say he'd been attacked; the cop rode
off in the opposite direction. Patrol cars were dispatched around
9:30, responding to assault and robbery calls. Near 10 p.m., at
the northern edge of the reservoir, jogger John Loughlin was
bludgeoned in the back of the head, apparently with a pipe. At
roughly 10:30, at 100th Street and Central Park West, two cops
grabbed five boys, including Richardson and Santana.
The first interviews were conducted inside the
tiny Central Park station house; Santana contributed many of the
33 names on a list of kids said to be in the park that night. It
wasn't until 1:30 a.m. that two construction workers, walking
through the park after having a couple of beers, heard moaning and
discovered a woman writhing in a ravine. The jogger, her skull
smashed so badly that nearly 80 percent of her blood seeped onto
the ground, had lain helpless for nearly four hours.
Later that morning, Linda Fairstein got a call.
The head of the Manhattan D.A.'s Sex Crimes unit learned that her
superior, Nancy Ryan, then the assistant district attorney for
homicide cases, was taking control of the investigation with
Ryan's top aide, Peter Casolaro, because the jogger was thought
likely to die. Fairstein went over Ryan's head, to District
Attorney Robert Morgenthau, arguing that the jogger was definitely
the victim of a sex crime and if she lived would need a
compassionate prosecutor. Fairstein won the turf skirmish. Soon,
her best prosecutor, Elizabeth Lederer, was preparing to make
videotapes.
*****
The lowlights saturated the news. McCray: "We
charged her. We got her on the ground. Everybody started hitting
her and stuff. She was on the ground. Everybody stompin' and
everything. Then we got, each -- I grabbed one arm, some other kid
grabbed one arm, and we grabbed her legs and stuff. The we all
took turns getting on her, getting on top of her."
Richardson: "Raymond had her arms, and Steve [Lopez]
had her legs. He spread it out. And Antron got on top, took her
panties off."
Santana: "He was smackin' her, he was sayin', 'Shut
up, bitch!' Just smackin' her . . . I was grabbin' the lady's tits."
Wise: "This is my first rape."
As they confessed, the boys spoke in matter-of-fact
cadences. McCray at times seemed embarrassed, Santana defiant, and
all of them looked tired -- videotaping began on April 21, after
most of the suspects had been awake for nearly two days. But none
appeared apologetic or upset.
As inflammatory as some of the videotaped
statements were, a few off-camera quotes also incited fury. Police
officials told reporters that the boys had coined a new term,
wilding, to describe beating up random victims, and that while
in a holding cell the suspects had laughed and sung the rap hit "Wild
Thing." Another law-enforcement leak had Salaam explaining why the
boys had gone on their spree: "It was fun," Salaam was said to
have said.
The tabloids and TV news were predictably
sensationalistic. But a presumption of guilt infected coverage
everywhere: "A 28-year-old investment banker, jogging through
Central Park, was attacked by a group of teenagers. They kicked
and beat her in the head with a pipe and raped her. The teenagers,
who were from East Harlem, were quickly arrested." That's from the
Times, and it appeared on May 29, a little more than one
month after the five were indicted.
Beyond the initial shocking impact, the
confessions grew in importance as forensic evidence failed to
materialize. No blood or DNA tests tied the five to the jogger.
Hairs found on Richardson's clothes were said to be "consistent"
with those of the jogger, but it was precious little residue
considering that five people were accused of beating and raping a
woman in a muddy ravine.
The videotapes also showed rampant
inconsistencies in the boys' accounts of the evening in the park.
During deliberations, jurors, especially those who discounted the
confessions, tried to fill in the troubling lack of physical
evidence. In the second trial, juror Ivette Naftal picked up Kevin
Richardson's underpants and showed the other jurors what she said
were grass and mud stains -- therefore, Richardson must have
pulled his pants down and raped the jogger. Incredibly, the
prosecutors had never tested the stains, so their origin remains a
mystery. But Naftal's argument swayed enough jurors to convict
Richardson of sexual assault.
In the two trials, Lederer, the prosecutor, did
a skillful job of weaving the jogger attack into the series of
random acts of violence committed by packs of 30 to 40 youths that
night. Yet that broader picture -- which prosecution sources still
emphasize is crucial to the guilt of the five in the jogger attack
-- has a large flaw. None of the seven other joggers and
bicyclists who testified about other incidents was ever able to
identify McCray, Richardson, Salaam, Santana, or Wise.
The majority of jurors, however, kept coming
back to what they saw as a common-sense analysis: How could four
of the five teens, with adult relatives by their sides, give
richly detailed statements incriminating themselves in a horrific
act that they simply didn't commit? (Wise, 16, was unaccompanied;
Salaam wasn't videotaped.) And the majority of jurors eventually
won the debate -- though not completely through the weight of
logic. Tim Sullivan, who had extensive access to the Central Park
jurors for his book Unequal Verdicts, quotes one juror as
disregarding the legal instructions of trial judge Thomas Galligan.
"There's always that danger, that jurors will try to come up with
something, because at some point they feel like prisoners," says
Sullivan, now a producer at Court TV. "If a jury is in there for
ten or twelve days, as these were, people start looking for a way
to get out."
Meanwhile, on August 5, 1989, a rape victim
managed to run out her apartment door screaming when her attacker
went into the kitchen searching for a knife with which to blind
her. When the rapist ran down to the lobby in pursuit, the
building super whacked Matias Reyes with a mop and held him until
police arrived.
*****
The detective who took Reyes's statement inside
the 20th Precinct that day was Mike Sheehan. "In 25 years on the
job, I took over 1,000 confessions, in 3,000 homicides," Sheehan
says now. "Out of all the bad guys I've talked to across the table,
this is one of the top five lunatics. This guy was a frightening
guy. He was capable of doing anything. He's very manipulative."
Sheehan, who became famous during the Robert
Chambers case and is now a reporter for Fox-5, grew up in East
Harlem when it had a sizable Italian and Irish population. Even
Sheehan's lunch is old-school: Today at Bill's Gay Nineties in
midtown, he orders a burger with a slice of raw onion and
Worcestershire sauce, and washes it down with two beers.
In the summer of 1989, a serial rapist was
terrorizing women on the Upper East Side; connecting the assaults
were the rapist's attempts to stab out the eyes of his victims so
he couldn't be identified. Sheehan, a legendary detective with
Manhattan North Homicide, got involved in June after the second
victim, Lourdes Gonzalez, 24, was stabbed to death -- while her
three young children watched. Detectives from the Sex Crimes unit
took down Reyes's confession to three rapes, but he denied having
anything to do with the rape and murder of Lourdes Gonzalez.
Sheehan spent six hours getting to know Reyes.
The detective described how they shared roots in East Harlem.
Pretty soon, Reyes was calling him Mikey. Sheehan further bonded
with Reyes over an unhappy similarity. "Nobody does rape for the
sex," Sheehan says. "It's a crime of violence. They're lashing
out. A lot because they were victims of some kind of sexual abuse.
I said to Reyes, 'We're all guys in this room. Nobody is gonna
embarrass anybody. I guarantee you that something really bad
happened to you as a kid.' He starts looking down. I say, 'I know,
because something really bad happened to me as a kid.' 'To you?'
he says. I tell him, 'I wasn't always this size, I wasn't always a
detective. A lot of crazy stuff happens in this city. I'll tell
you what happened -- and I'll even go first, and then you tell me
what happened to you. Is that fair? Something did happen to you,
right?' He says, 'Maybe.' "
Sheehan, a master empathizer, told Reyes how,
at the age of 12, he needed to use a subway bathroom and was
cornered by a pervert. "All of a sudden," Sheehan says, "Reyes's
whole face is getting red, he's squinting, he's digging his
fingers into the table." When it came time for Reyes to describe
his own shame, Sheehan reassured him and at the same time cracked
Reyes's resistance. "I said, 'I'm not gonna run out on the street
and tell people Matias Reyes got raped. Maybe it was even a
relative.' The guy went wild, cursing. Now he's totally
discombobulated." From there, it was a short trip to Reyes's
admission that he killed Lourdes Gonzalez.
Reyes gave no hint he had anything to do with
the Central Park jogger attack. "This was not a guy to have sex as
part of a group of people," Sheehan says, trying to explain why he
didn't think to ask Reyes about the Central Park jogger. "Totally
different M.O. This guy was a hostage taker. He wanted total
control, by himself. And as he told me, describing what he did
with Lourdes Gonzalez, 'We made love.' Not like 'I fucked her.' It
was 'I made love. In the sleeping room.' The park was not his
thing. Obviously, now we know he was there. But there was no
reason to suspect him in that case at all."
In Sheehan's account of the Central Park
interrogations, the police officers never raised their voices, let
alone their fists. The detectives were so concerned with proper
procedure, Sheehan says, that they moved the suspects from the
20th to the 24th Precinct so that they would be videotaped
according to regulations, in a designated "youth room." Coercion?
Just the opposite, Sheehan says: When Santana spontaneously
started describing the attack on the jogger, Sheehan says he told
the boy to wait until Raymond Santana Sr. arrived.
Detective Tom McKenna was more active. The 21-year
veteran falsely told Yusef Salaam that fingerprints had been found
on the jogger's clothes. "Salaam looks at me and says, 'I was
there, but I didn't rape her,' " McKenna recalls. "We are allowed,
by law, to use guile and ruse, and we do. People only give things
up when you tell 'em you got 'em. But to frame somebody and leave
the right son-of-a-bitch out in the street? I'm irate anyone would
infer that."
Nor has Sheehan lost any sleep over the
convictions. "I used to lie awake at night thinking about cases we
had over the years: I hope to God we have the right guy,"
he says. "That's your biggest fear: You never want to put an
innocent person in jail. Mother of God! I didn't worry much on
this one. Because they're telling us where they were. They
are telling us -- the sequence may be off, but they're
essentially telling us the same stuff. They remember a guy they
beat and took his food, they remember hitting this guy running
around the reservoir. They went through all of these things, each
kid. And they also tell you about the jogger. And they place
people, so you have a mental picture of where they were around
this woman's body. And their parents are with them, not only in
the interviews but in the videotape, for the record. That's enough
for me. I'm satisfied."
*****
Three of the Central Park defendants lived in
Schomburg Plaza, an apartment complex at 110th Street and Fifth
Avenue. Bill Perkins was president of the Schomburg tenants'
association then, and since 1997 he's been a city councilman.
Perkins has remained close to the families, and when he read of
Reyes's confession in June -- Reyes says a religious awakening
prompted him to come forward; the statute of limitations on the
jogger case had expired -- Perkins consulted with the families,
then called his old friend Michael Warren. Warren enlisted as co-counsel
Roger Wareham, 53, a leader in the slavery-reparations movement.
This summer, Warren and Wareham sent a private
investigator, Earl Rawlins, upstate to interview Reyes. Rawlins
returned with detailed written and audiotaped revelations that
form the backbone of the motion to dismiss the Central Park
convictions (Yusef Salaam and Kharey Wise are represented by two
other attorneys who've filed parallel actions). But Warren isn't
resting on Reyes's confession. He knows that the D.A.'s office
could argue that it has acknowledged all along that some of the
jogger's attackers escaped, and that finding Reyes's semen on the
jogger's sock doesn't invalidate the videotaped confessions. So
Warren is reviving the old doubts about the validity of the
confessions. "To the extent that the parents were present at that
time, it's really insignificant in terms of trying to assert that
the parents voluntarily knew what was going on and agreed to it,"
Warren says. "That's just not the case. And the videotaping is the
last stage of this process. At that point, the children will say
whatever they've been scripted to say."
He's also trying to punch new holes in the
original police investigations. "We know that Mike Sheehan had to
be aware that there was an unidentified DNA sample," Warren says.
"And we know that he, along with a couple of other detectives,
suggested or requested that Reyes's DNA be compared to four cases
that Reyes admitted to. And there was a match. All these things
should have triggered his concern that 'hey, maybe we should
attempt to try to get a match on this specimen in the Central Park
case.' He didn't do it. It's more than laziness. They had a nice
clean ribbon that they had tied around all five boys. And they
didn't want to interfere with that."
*****
Sheehan says he knew nothing of the Central
Park DNA until the first trial, in June 1990. Even if he did, why
would Sheehan avoid implicating a possible sixth jogger assailant?
"Why didn't they do it in the Scottsboro case?" Warren says. "For
the same reason: Convicting these boys was the easiest route to
take."
Warren's other clients have included Amadou
Diallo's family; Sheik Omar Abdel Rahman; El Sayyid Nosair, the
assassin of Jewish extremist Meir Kahane; and Tupac Shakur, when
he was charged with sexual abuse. "The thread is injustice,
whether it be in the criminal sphere or the civil sphere,
involving wrongful conduct by the police," he says. "I come out of
a movement that's involved in addressing injustices." As a college
student, Warren was expelled for allegedly threatening a college
president during a union-organizing rally, but he was reinstated
the following spring thanks to William Kunstler, who filed suit on
Warren's behalf. "We molded a friendship," Warren says. "Little
did I know that I would be trying cases with Bill later on."
These days, Warren works out of a tidy office
on the ground floor of the Clinton Hill brownstone he shares with
his wife. A painting of Che Guevara looks down on Warren's desk.
In the current reinvestigation, Warren is confident that he has
the facts and the law on his side. The internal politics of the
D.A.'s office could also work in his clients' favor: Nancy Ryan
and Peter Casolaro, who were elbowed aside by Linda Fairstein
thirteen years ago, are supervising the review.
Even if his clients are exonerated, though, the
story won't be over. "Oh, no," Warren says, flashing a smile. "People
were put through pain, and there's got to be a payment. What's
important to us now is to alleviate the present pain they're going
through, to some extent. Where we go from there, we haven't spent
much time talking about that. But we're quite aware that there are
other remedies."
*****
In a perfect world, the D.A.'s office would
have tested Reyes's and every other rapist's DNA against that
found on the Central Park jogger's sock. But beyond the practical
problems -- no DNA data bank existed in 1989; detectives were
plenty busy -- such open-ended hunting would have gone against
ingrained NYPD culture. Detectives consider a case closed when "good"
arrests are made.
Indirectly, however, the mind-set that shaped
the Central Park and Reyes investigations led to one of the
crucial improvements in the nineties NYPD. When Bill Bratton
arrived as police commissioner, he promoted an eccentric,
brilliant transit detective named Jack Maple to become his chief
strategist. Maple, who died in 2001, became justly famous for
Compstat, a system of mapping crimes -- first with pushpins, then
with computers. Maple got less publicity for an equally important
change. He pushed for cops to question suspects for leads on any
and all other crimes. Good cops already did this, but Maple made
it a priority. Sheehan might never have gotten Reyes to implicate
himself in the Central Park attack, even following Maple's
principles. But he might not have been satisfied with tying Reyes
to the Lourdes Gonzalez murder.
Changing police culture is very much on the
minds of Peter Neufeld and Barry Scheck. Two weeks ago, Neufeld
flew from New York to Billings, Montana, to welcome Jimmy Ray
Bromgard back to freedom. In 1987, Bromgard was found guilty of
raping an 8-year-old girl. In late September, Bromgard became the
111th wrongfully convicted person to be cleared by DNA testing,
two thirds of them by Neufeld and Scheck.
"A guy in California just got out, and there
will be two more guys next week in Savannah," Scheck says, staring
into the distance and trying to do the math in his head. "And soon
there will be five more in New York, right?"
Neufeld and Scheck launched the Innocence
Project in 1992. Right now their mostly volunteer law-student
staff is scrambling to file petitions on behalf of thousands of
Florida inmates who've been granted a brief window of time for DNA
reviews. The second chance came after a death-row inmate named
Frank Lee Smith died awaiting a DNA test that would have cleared
him.
But the Innocence Project's agenda is far
broader than applying DNA testing to old cases. "Twenty-three
percent of the post-conviction DNA exonerations involve false
confessions or admissions," Scheck says over a glass of red wine
in a bar around the corner from his prodigiously messy Greenwich
Village office. "And that's just after conviction. There are
thousands of cases where people have been exonerated by DNA after
they were arrested but before they were convicted. Many of those
cases involve false confessions. The DNA work has pointed clearly
and dramatically to this problem of false confessions."
The Innocence Project's solution is to
videotape all conversations between police and suspects who are in
custody, and Bill Perkins has introduced a City Council bill. "It's
a bad idea," a city prosecutor says. "There's so much give and
take between detectives and suspects. The smart guys get them
something to eat, they talk to them, they schmooze them. You'd be
looking at videos that last for hours and hours." There is also
the philosophical question of how much a general public that wants
to see bad guys locked up is prepared to know about what happens
in an interrogation.
Already, though, Scheck and Neufeld have helped
make New York's courts more accurate than most. In 1994, they
lobbied Governor Mario Cuomo to create a state Forensic Science
Review Board that would certify and regulate all crime labs. Then
they nudged the city to spend $33 million to upgrade its crime lab
in Queens. "Now New York leads the country in trying to run down
cold cases with DNA," Scheck says.
During the first Central Park trial, Scheck
advised defense lawyer Mickey Joseph, who represented Antron
McCray. "The next time I heard about this case was in June, when I
was called by a reporter for the Times, who told me that we,
the Innocence Project, had received a letter from Matias Reyes,"
Scheck says. "Except that we hadn't. Oddly enough, he had written
to Lynne Stewart and asked her to send the letter on to us." Since
then the duo has been consulting with Warren and Wareham and
prodding the process forward.
"It would be a terrible shame if this whole
reexamination did not result in doing something to prevent false
confessions," Scheck says. "The Central Park case has all the
earmarks we've seen in our other cases of false confessions. And
in all these cases, we find that the real assailant committed many
crimes."
*****
Matias Reyes was born in Fajardo, Puerto Rico,
and spent most of his early years there with his father while his
mother lived in New York. At 7, Reyes told a psychologist hired by
his defense lawyer, his life took a dark turn: He was sexually
abused by two male strangers. "Given what Reyes did later on in
life, this fits the pattern," says his former lawyer Richard
Siracusa. "Then he came to live with his mother in New York. There
was a little problem when he was 15 or 16."
Siracusa knows depravity; in practice for 28
years, he's represented serial killers. But the lawyer pauses
before continuing: "He and a friend sexually abused Reyes's mother."
Reyes returned to his father's house. His mother moved out of
state. "He comes back from Puerto Rico after a couple of years,
when he's about 17," Siracusa says. "I don't think he ever saw the
mother again. He lives over a grocery store, by himself. Then he
decided to become a serial rapist."
Until then, Reyes was a muscular but unimposing
five-foot-seven-inch anonymous young man, a ninth-grade dropout
stocking shelves in a bodega beneath his apartment on Third Avenue
at 103rd Street. Reyes told a psychologist hired by Siracusa that
he snorted cocaine daily but that "I always say no to violence."
On November 1, 1991, Reyes appeared in court
for sentencing. When it was his turn to speak, Reyes began by
calling Judge Thomas Galligan -- the same man who'd presided over
the Central Park trials -- a "motherfucker," then yelled, "I
didn't kill anybody. I'm tired of this shit. The attorneys this
court give me don't do nothing for me." Reyes wheeled and punched
Siracusa in the head, knocking his lawyer to the ground. "He put a
couple of court officers out for a few months -- dislocated
shoulder, a broken bone," Siracusa says. "He was kicking and
screaming the whole way out. I still remember that look on his
face, a face out of your nightmares. He totally changed -- it was
like the devil. He's a pure psychopath."
Dr. N. G. Berrill, the psychologist hired by
the defense, spent three days examining Reyes. "He was like a
wounded child, a defective human being," Berrill says now. "Not
psychotic, but someone whose impulse control was poor. He's
manipulative. I wouldn't put money on anything he says."
*****
Reyes made at least one trip through Central
Park between the night he raped the jogger and his return this
spring. In August 1989, he was arrested in the lobby of a building
at Lexington and East 91st. From there, detectives drove him to
the office of the Sex Crimes unit, inside the 20th Precinct on
West 82nd. The police car crossed through Central Park. Sitting in
the backseat, looking out the windows at the park on both sides of
him, did Reyes worry that the cops would link him to the jogger
case? Or did he think, They grabbed those other five suckers --
at least I got away with one? Did the notion flicker through
his warped mind that maybe he should take credit for the jogger
attack, too?
He might have spared a whole city -- and
perhaps five particular teenagers -- years of pain. But instead he
kept his secret, because Matias Reyes had no conscience. What's
hardest to believe in this long and sad saga is that he's grown
one now.