| It seemed
like a usual day at New York's Brooklyn Law School in the spring of 1999.
William E. Hellerstein, a law professor and former head of the criminal
appeals bureau for the Legal Aid Society, was rifling through his day's
mail, which, as it often did, included a letter from a prisoner.
But this letter was
different. "It had the detail and the story that, in my experience, people
can't make up," said the 61-year-old constitutional and civil rights law
professor. The prisoner, Gerald Harris, also included copies of articles
by Denis Hamill of The Daily News, which suggested that justice
might not have been done in his case.
Harris, a former
Golden Gloves boxing finalist from St. Albans, Queens, detailed his claim
that he was wrongly convicted of an armed robbery in 1992. He explained
how his brother and two other men robbed a couple in Queens in 1991. Harris'
brother even appeared in court to surrender, but the case was postponed
and prosecutors did not interview him. Next time the brother was summoned
to appear in court, he was serving his own sentence for drugs in South
Carolina. Harris was convicted by a jury, and supreme court Justice Randall
Eng sentenced him to 9 to 18 years in prison.
At the time he wrote
the letter, Harris had been incarcerated for eight years. "A detailed story
is hard to concoct," said Hellerstein, who started a preliminary investigation
into the case, which eventually inspired an idea for a program that would
enlist Columbia University journalism students to review convictions.
He called Harris'
lawyer, Philip Smallman, and his former fight trainer to get more facts.
Smallman, because of his belief in Harris' innocence, had been handling
the case pro bono. Hellerstein got on board.
"Mr. Hellerstein
and Mr. Smallman are the best of what the legal system represents," said
Bob Jackson, Harris' boxing trainer, who labored for nine years to free
him and hired Smallman in 1997. "They approached this like true Knights
of the Round Table," he added.
After spending months
creating the record and interviewing people involved, Hellerstein turned
his focus to convincing the Queens District Attorney that the wrong man
was in jail. "Judges are very reluctant to overturn jury verdicts," said
Hellerstein. "So what I do in these types of cases is to try to get the
D.A. on my side," he said, explaining his strategy.
He even consented
to allow an Assistant District Attorney to speak with Harris without him
being present. "You never leave your client alone. I never do this. But
I did it because I knew he was innocent," he said.
First, consenting
to a hearing on a motion to vacate the verdict, the Queens District Attorney's
Office eventually agreed to vacate Harris' conviction at a hearing Dec.
12. Justice Eng set Harris free a few days later. In 1993, Eng had denied
a similar motion and an appellate court denied the appeal.
"Mr. Hellerstein
is one of the most dedicated advocates for justice that I have ever known,"
said Jackson, who spent 35 years as a prison guard in Sing Sing. "His very
presence and his belief added credibility to the situation. ... And the
best I could do for him is buy him a piece of pizza," he said.
STRAY CAT CASE
This was not the
first time that Hellerstein, who grew up in the Bronx, took on what appeared
to be a hopeless case.
His first brush with
the legal system came when he was a 10-year-old working for a dry cleaner.
He was told by his boss to run to court to pay a summons for littering.
Apparently, his boss put out a milk carton to feed a cat and was fined
by the police for having the carton on the sidewalk.
After pleading not
guilty instead and spending the entire day in the courthouse, the young
Hellerstein finally got to explain to a judge that this law should not
encompass feeding a hungry kitten. He won his first case. Although his
boss threatened to fire him for missing an entire day of work, his father,
an emigre from Czarist Russia, praised his son for doing the right thing,
recalled Hellerstein.
His first taste of
justice, however, did not automatically set him on a legal path. This one-time
aspiring football player at Brooklyn College eventually wound up in Harvard
Law School, but only after his college dropped its football program. That
forced Hellerstein to change his major from physical education to philosophy.
Since that first
littering case, Hellerstein has handled many more complex cases, four of
which he has argued before the U.S. Supreme Court, and won. As chief of
the Appeals Bureau at the Legal Aid Society, Hellerstein founded the Prisoners'
Rights Project in 1971. He was nominated four times to the Court of Appeals,
but never appointed by New York Governor Mario Cuomo. And in 1985, he was
Senator Daniel Patrick Moynihan's choice for a spot on the Southern District
Court, but the Reagan Administration refused to nominate him.
"[Hellerstein] has
an extraordinary sense of justice and fairness. He reminds you of why you
went into this profession in the first place," said Alan Abramson, a criminal
defense attorney with Schuman Abramson Morak & Wolk. Abramson represented
pro bono one of the witnesses who testified to Harris' innocence at the
hearing in December.
SEEKING A 'SECOND
LOOK'
Now Hellerstein wants
to put his expertise and his beliefs to work at the law school. Along with
Pulitzer Prize-winner Peg Tyre, a professor at the Graduate School of Journalism
at Columbia University, he is looking for funding to start a program where
students investigate cases like Harris'. The "Second Look" program will
direct students to examine prisoners' letters that arrive in droves at
the law school and choose a few cases where convictions appear unjust.
Smallman and prominent
defense attorney Gerald Shargel have both shown an interest in being a
part of "Second Look," according to Hellerstein, who is working out the
logistics of the program while waiting for outside funding.
Hellerstein explained
that false convictions are often the result of misidentification and bad
lawyering. "To say it's a tragedy is an understatement. It's a catastrophe,"
he said.
Hellerstein is a
tireless advocate for abolishing the death penalty. "As long as the guy
is alive you can correct the mistake," he explained. "An innocent person's
life can never be a justifiable price," he added.
Hellerstein, who
is married to Michael Gage, who retired last year as the administrative
judge of the Family Court, said he has no regrets about his 35 years of
defending the rights of individuals. "I have no complaints. I have never
had a boring moment." |