"Wayne County prosecutors waited eight months before telling Davontae
Sanford's attorneys about evidence that would lead to his exoneration,
according to a newly released report from Michigan State Police. The analysis, which was released Friday, says that, in October
2015, county prosecutors were informed about alleged perjury that would
have resulted in charges dropped against Sanford, a 23-year old
Detroiter who spent eight years behind bars after being wrongly
convicted of a quadruple homicide when he was 14 years old. Rather than
telling Sanford's attorneys about this potentially exculpatory evidence —
facts that are considered ethical to disclose as expeditiously as
possible — county prosecutors waited eight months, not sharing the news
with Sanford's lawyers or dropping the charges until May. When Sanford, who was released from prison June 8, was convicted of
second-degree murder in 2008, a major component of the case against him
revolved around the idea that the then-teen had drawn an accurate
sketch of the crime scene. This idea was bolstered by testimony by
former Detroit police deputy chief James Tolbert, who said that on Sept.
17, 2007 Sanford, then 14 years old, had drawn a sketch of the crime
scene. In an October 2015 interview with state investigators, however,
Tolbert contradicted this statement when admitted that
he, as the former Detroit deputy chief, had actually drawn the sketch. This contradiction of the earlier testimony is why Sanford was
eventually released from prison this month; however, the gap in when
Tolbert made this admission and when Sanford was released raised a
series of questions — specifically as to whether Sanford spent extra,
even more unnecessary, time behind bars. Most notably, the report raises questions about the validity of statements made by the prosecution. On June 9, one day after Sanford was released from prison, Wayne
County Prosecutor Kym Worthy made a statement saying she had only found
out about the Tolbert evidence three weeks earlier on May 20. The newly
released Michigan State Police report, however, casts doubt on this. According to the report, which Michigan Public Radio received
through a Freedom of Information Act request, on Oct. 6, 2015, state
police detectives convened with assistant prosecutors Rob Moran, Jason
Williams, and Tom Chambers, and investigator Cory Williams to, as the
report says, "discuss our interview results with Chief Tolbert." As the report continues, "They were specifically briefed on Chief
Tolbert’s statements regarding the diagram that Sanford had allegedly
drawn for DPD.".........As the
Detroit News points
out, the Michigan code of conduct for prosecutors clearly states,
"prosecutors have an obligation to make a timely disclosure to the
defense of evidence that could exonerate a suspect." In other words
winning a case can't trump disclosing important evidence. That said,
many of the attorneys the
News interviewed (read their quotes
here)
had varied opinions as to whether the country prosecutor failed to
report in a timely fashion, especially considering, as Miller pointed
out, the official investigation had not been completed until May. Michigan ranks among the highest in the nation when it comes to
longer and more punitive sentences — a tendency that can only heighten
the level of injustice when the innocent are swept into the criminal
justice system. With the state being responsible for compensating the
wrongly convicted, there would be more pressure — specifically,
financially — to make sure fewer errors are occurring."
http://m.metrotimes.com/Blogs/archives/2016/06/20/report-prosecutors-waited-for-months-before-sharing-evidence-that-exonerated-sanford