Exonerations Continue Across the Country -- But Are Innocent Prisoners Ever Truly Free?

By Liliana Segura, AlterNet. Posted May 22, 2008.

What does it take to be freed from a wrongful conviction?

In the case of Walter Swift, who was found guilty in 1982 of a rape and burglary in Michigan, an air-tight alibi, exculpatory forensic evidence, and a clearly clueless defense attorney who would later lose his license weren't compelling enough reasons to spare him from conviction. And for years, they were not enough to get him cleared for a crime he did not commit.

Swift, who is African-American, was convicted based solely on an eyewitness identification by the victim, a pregnant white woman who described the man who attacked her as a black teenager, clean-shaven, with braids and "poofs of hair" on his head. Yet, when presented with a police line-up that included Swift -- well over 18 years old, with a mustache, long sideburns, and short, unbraided hair -- she chose him, telling the police she "believed" he was the man who had assaulted her. The police officer in charge expressed doubts, saying she seemed unsure of her selection, but Swift's fate was as good as sealed. The accuracy of her identification was never questioned in the courtroom.

False identification is one of the leading reasons innocent people are thrown in jail. When it comes to cross-racial identification, the problems are especially pronounced. Decades' worth of research has found evidence of bias when the accused is of one race and the accused is of another. Swift's case is a classic example.

In prison, Swift maintained his innocence for years. When he became eligible for parole in 2000, it was repeatedly denied, due to his refusal to admit to his guilt. After more than 15 years behind bars, Swift contacted the Innocence Project, who decided to take his case.

"Over the course of a decade, each layer we pulled back led to more evidence that Walter Swift is innocent," said Olga Akselrod, a staff attorney, in a news release. "We also began to work with people throughout the criminal justice system, some of whom were directly involved in convicting Mr. Swift, who were becoming increasingly convinced of his innocence. It's highly unusual to have the original prosecutor, the police officer who investigated the case and the lab analyst who handled the case all come forward to support an innocent prisoner -- but that's exactly what happened in this case."

With the team of people who first imprisoned him now behind him, Swift was exonerated and released from prison on Wednesday, May 21st. He spent almost 26 years behind bars.

Incredibly, the prosecutor's office will not go so far as to admit to his innocence. "Our position is not that Mr. Swift is innocent," prosecutor Kym Worthy told reporters yesterday. "Our position is that there were some irregularities and some things that should not have happened during this trial."

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