Justice 4 the Wrongfully Incarcerated founder Sharone Salaam’s advocacy continues through summerlong legal workshops in Harlem. Exoneree-turned-attorney Jeffrey Deskovic opened the series this past Saturday to talk about starting over after an exoneration.
“[Attendees] are looking to get where I am now as far as being exonerated, so [it’s] very important to them and for me, it’s important because I like to share the information and for more people to be exonerated,” Deskovic said. “You can’t take every case yourself personally, but if I could point people in general directions and talk about how to go through it, and give some practical advice on how to get started [and] direct them, that’s very meaningful to me.”
DNA evidence was key in the reversal of Deskovic’s wrongful conviction in the 1990 murder-rape of a classmate in Westchester County. Today, he helps others prove their innocence and adjust to life after exoneration through his eponymous nonprofit, the Deskovic Foundation. For Saturday’s talk, he fielded broad legal questions and imparted tips about enlisting an attorney and developing media attention for an exoneration case.
Overturning wrongful convictions remains a challenge for many New Yorkers. Frequently, seeking exonerations in the state requires filing a 440 motion to vacate, which challenges the legality of a conviction or sentence. Proving innocence is often not enough under that avenue; those who have pleaded guilty cannot overturn a wrongful conviction in New York State simply by proving they didn’t commit the crime unless they provide DNA evidence. And more than 90% of convictions are obtained through guilty pleas nationwide.
As a result, red tape holds up most wrongful conviction claims long before they get the time of day. A bill attempting to change that passed the state legislature but was vetoed by Gov. Kathy Hochul.
Salaam’s experience stems from advocating for her son, now Harlem Councilmember Yusef Salaam, who was exonerated in the high-profile Central Park jogger case. His district office at 163 Malcolm X Blvd. in Harlem hosted Saturday’s event.
“We don’t believe that more criminals live in our communities than other communities, but we do believe that the people who live in our communities are more susceptible to being arrested [both] correctly [and] falsely, convicted [both] correctly [and] falsely, imprisoned correctly and falsely within our communities, specifically,” Sharonne Salaam said. “That is something that needs to be addressed.
“When people look at our community as a whole community of people of color, there’s a lot of racial overtones that lead toward these convictions in these arrests and the overpowering police presence,” she added.
One participant, William James, said he attended for a federal case he’s challenging. He was not sure the advice would help him, but hoped “something good will come out of this.” Another participant, Dr. Tawanna Gilford, said she found the presentation helpful as she continues to advocate for a family member in challenging a conviction through Stop False Police Reporting, an organization she co-founded.
“Today’s talk gave hope to individuals [who] may have felt that they didn’t have a shot at justice, because there was no DNA testing,” Gilford said. “We were able to get greater avenues for how to approach our cases, and how to push for actual innocence review or appeals, just based on looking at the credibility of the officers. And also the importance of galvanizing a movement, [by] speaking with other people that have been impacted by certain precincts.
“Those are ways that we can figure out whether there is actual misconduct happening in places where people are likely to become victimized.”
Next week’s talk will feature lawyer and Harlem native Anthony Ricco, about what to do if arrested. Those interested can find more information by emailing either SharoneSalaam1@gmail.com or district9@council.nyc.gov.
Tandy Lau is a Report for America corps member who writes about public safety for the Amsterdam News. Your donation to match our RFA grant helps keep him writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.