Jabbar Washington - False Confession / False ID / Officer Misconduct

Washington, Jabbar; murder; NRE: false confession, perjury/false accusation, prosecutor misconduct, police officer misconduct, withheld exculpatory evidence, misconduct that is not withholding evidence, misconduct in interrogation of exoneree

Suggestibility issues

111 N.Y.S.3d 691; 2nd Dept. 11/20/19; media suit seeking disclosure of information

"[O]n July 12, 2017, as the result of an investigation by the CRU [Conviction Review Unit], the DA moved to vacate the 1997 murder conviction of Jabbar Washington. [His] conviction stemmed from a January 21, 1995 robbery inside an apartment in Brownsville, during which five people were wounded and one person was killed. Several defendants were charged and convicted in the case...In a July 12, 2017 press release announcing the decision to vacate the conviction, the DA stated that a CRU investigation had discovered that a crucial exculpatory document had not been turned over to Washington's defense counsel...Specifically, the prosecution had failed to disclose a jury synopsis sheet memorializing that an eyewitness, who had identified [Washington] in a lineup, recanted her identification two days after the lineup took place. The lineup was conducted by now-retired Detectives Louis Scarcella and Stephen Chmil. Scarcella also purportedly obtained Washington's confession to the crime, a fact that Washington sharply contested during the trial. While under cross-examination, Scarcella alluded to the fact that Washington had been 'Id'd,' which testimony was particularly misleading in light of the eyewitness's undisclosed recantation...The DA noted that it would not seek to retry Washington, and that the CRU found no basis to disturb the convictions of the other six persons convicted in connection with the robbery."

from NRE synopsis (by Maurice Possley):

"On January 1, 1995, several men invaded an apartment in a public housing development...in the Brownsville neighborhood of Brooklyn...looking for drugs and cash. Two of the invaders began shooting. Five of the occupants were wounded -- most of them shot several times -- and 40-year-old Ronald Ellis was killed.

"A year later, in February 1996, seven men were charged with murder, attempted murder, and robbery. Among those charged was 22-year-old Jabbar Washington, whom the other defendants named as being involved.

"[NYPD] Detective Louis Scarcella, whose conduct in a vast array of cases would later be called into question, arrested Washington and reported that he had confessed to being involved in the crime. When Scarcella appeared before a grand jury, he testified that 26-year-old Lisa Todd, who had been in the apartment at the time of the crime and survived nine gunshot wounds, had identified Washington in a live lineup.

"When Todd came to the grand jury later to testify, she told the prosecutor who was presenting witnesses that in fact she had told Scarcella that she only recognized Washington because he lived in the building where the crime occurred. The prosecutor made note of her comment.

"In March 1997, Washington went to trial in [Brooklyn]. Scarcella testified that Washington confessed to taking part in the crime. He also testified that Todd had identified Washington as being among those who raided the apartment.

"Todd testified and -- like other victims who testified as well -- said she could not identify any of the invaders because they all wore masks.

"The prosecution failed to disclose to the defense that Todd told the grand jury prosecutor that she had not identified Washington as taking part in the crime. As a result, Washington's lawyer did not have that evidence to confront Scarcella when he said Todd had identified Washington.

"In fact, during cross-examination, Washington's defense attorney asked Scarcella whether getting a confession was important in the case. Scarcella replied that if Washington 'didn't get ID'd, it would have been. . .'

"Washington testified and denied involvement in the crime. He told the jury that Scarcella had beaten him until he falsely confessed to taking part in the crime. He said that at the time of the crime, he was with his girlfriend, who testified to that as well.

"During closing argument to the jury, [Brooklyn] prosecutor Kyle Reeves hammered repeatedly that Todd had identified Washington.

"On March 19, 1997, the jury convicted Washington..."

"In 2011, [Brooklyn DA] Charles Hynes created a Conviction Integrity Unit, and invited defense attorneys to present cases in which innocent defendants may have been convicted."

"In late 2015, New York attorney Ron Kuby requested that the conviction review unit re-investigate Washington's case.

"On July 12, 2017, Acting Brooklyn [DA] Eric Gonzalez, who succeeded Thompson after his death in the fall of 2016, announced that the conviction review unit had filed a motion to vacate and dismiss Washington's case.

"'An analysis of the jury trial revealed that, despite the fact that an identifying witness recanted her identification within days, the jury was improperly given the strong impression that she did identify the defendant as a perpetrator, and a crucial document in which she disputed the identification was not turned over to the defense,' Gonzalez said in a statement.

"'Following a thorough and fair investigation by my Conviction Review Unit, it was determined that Mr. Washington did not receive a fair trial and crucial information that would have been useful to the defense was withheld,' Gonzalez said.

"Gonzalez noted that other issues resulted in an unfair trial. 'For example, when Washington took the stand, he was asked by the prosecutor if Detective Scarcella had told him that one of the co-defendants had named him as one of the shooters. He was similarly asked about other co-defendants who had been convicted -- all in apparent violation of the prohibition against guilt by association.'

"Gonzalez also noted that Todd was murdered in 2006, preventing investigators from interviewing her to clarify whether she identified Washington or not."

"Washington...later received $1.65 million in compensation from the New York Court of Claims and $5.75 million from the City of New York."

[All emphases added unless otherwise noted.]