[Applause] imagine that you take a 19-hour very
imagine that you take a 19-hour very
imagine that you take a 19-hour very long drive to Disney World with two kids
long drive to Disney World with two kids
long drive to Disney World with two kids in the backseat and 15 minutes into this
in the backseat and 15 minutes into this
in the backseat and 15 minutes into this 19 hour trip the immutable laws of
19 hour trip the immutable laws of
19 hour trip the immutable laws of nature dictates that you get the
nature dictates that you get the
nature dictates that you get the question are we there yet
question are we there yet
question are we there yet so you answer this question a hundred
so you answer this question a hundred
so you answer this question a hundred more times easily in the negative but
more times easily in the negative but
more times easily in the negative but you finally arrive you have a wonderful
you finally arrive you have a wonderful
you finally arrive you have a wonderful wonderful wonderful trip
wonderful wonderful trip
wonderful wonderful trip you drive 19 long hours back home and
you drive 19 long hours back home and
you drive 19 long hours back home and when you get there the police are
when you get there the police are
when you get there the police are waiting on you they accuse you of
waiting on you they accuse you of
waiting on you they accuse you of committing a crime that occurred while
committing a crime that occurred while
committing a crime that occurred while you were away in Florida you tell
you were away in Florida you tell
you were away in Florida you tell anybody and everybody who will listen I
anybody and everybody who will listen I
anybody and everybody who will listen I didn’t do it I couldn’t have done it I
didn’t do it I couldn’t have done it I
didn’t do it I couldn’t have done it I was hanging out with Mickey and Minnie
was hanging out with Mickey and Minnie
was hanging out with Mickey and Minnie and my kids but no one believes you
and my kids but no one believes you
and my kids but no one believes you ultimately you’re arrested you’re tried
ultimately you’re arrested you’re tried
ultimately you’re arrested you’re tried you’re convicted and you’re sentenced
you’re convicted and you’re sentenced
you’re convicted and you’re sentenced and you spend 25 years in jail until
and you spend 25 years in jail until
and you spend 25 years in jail until someone comes along and proves has the
someone comes along and proves has the
someone comes along and proves has the evidence to prove that you actually were
evidence to prove that you actually were
evidence to prove that you actually were in Florida when this crime was committed
in Florida when this crime was committed
in Florida when this crime was committed so I’m a harvard law professor and the
so I’m a harvard law professor and the
so I’m a harvard law professor and the last several years I have worked on
last several years I have worked on
last several years I have worked on winning the release of innocent people
winning the release of innocent people
winning the release of innocent people who’ve been wrongfully convicted people
who’ve been wrongfully convicted people
who’ve been wrongfully convicted people like Jonathan Fleming who spent 24 years
like Jonathan Fleming who spent 24 years
like Jonathan Fleming who spent 24 years eight months in jail for a murder that
eight months in jail for a murder that
eight months in jail for a murder that was committed in Brooklyn New York
was committed in Brooklyn New York
was committed in Brooklyn New York while he was in Disney World with his
while he was in Disney World with his
while he was in Disney World with his kids how do we know this because when he
kids how do we know this because when he
kids how do we know this because when he was arrested
was arrested
was arrested among his proper
among his proper
among his proper in his back pocket was a receipt
in his back pocket was a receipt
in his back pocket was a receipt time-stamped receipt that showed that he
time-stamped receipt that showed that he
time-stamped receipt that showed that he was in Disney World that receipt was put
was in Disney World that receipt was put
was in Disney World that receipt was put in the police file a copy of it was put
in the police file a copy of it was put
in the police file a copy of it was put in the prosecutors file and they never
in the prosecutors file and they never
in the prosecutors file and they never gave it to his public defender in fact
gave it to his public defender in fact
gave it to his public defender in fact nobody even knew it was there it just
nobody even knew it was there it just
nobody even knew it was there it just sat there for 20-some odd years my team
sat there for 20-some odd years my team
sat there for 20-some odd years my team looked through the file and we found it
looked through the file and we found it
looked through the file and we found it did the rest of the investigation and
did the rest of the investigation and
did the rest of the investigation and figured out someone else committed the
figured out someone else committed the
figured out someone else committed the crime mr. Fleming was in Disney World
crime mr. Fleming was in Disney World
crime mr. Fleming was in Disney World and he is now released let me give you a
and he is now released let me give you a
and he is now released let me give you a little bit of context so about three
little bit of context so about three
little bit of context so about three years ago I got a call from the Brooklyn
years ago I got a call from the Brooklyn
years ago I got a call from the Brooklyn district attorney he asked whether I’d
district attorney he asked whether I’d
district attorney he asked whether I’d be interested in designing a program
be interested in designing a program
be interested in designing a program called a conviction review unit so I
called a conviction review unit so I
called a conviction review unit so I said yes conviction review unit is
said yes conviction review unit is
said yes conviction review unit is essentially a unit in a prosecutor’s
essentially a unit in a prosecutor’s
essentially a unit in a prosecutor’s office where prosecutors look at their
office where prosecutors look at their
office where prosecutors look at their past cases to determine whether or not
past cases to determine whether or not
past cases to determine whether or not they made mistakes over the course of
they made mistakes over the course of
they made mistakes over the course of the first year we found about 13
the first year we found about 13
the first year we found about 13 wrongful convictions people haven’t been
wrongful convictions people haven’t been
wrongful convictions people haven’t been in jail for decades and we released all
in jail for decades and we released all
in jail for decades and we released all of them it was the most in New York
of them it was the most in New York
of them it was the most in New York history the program is still going on
history the program is still going on
history the program is still going on and they’re up to 21 releases now 21
and they’re up to 21 releases now 21
and they’re up to 21 releases now 21 people who spent significant time behind
people who spent significant time behind
people who spent significant time behind bars so let me tell you just about a
bars so let me tell you just about a
bars so let me tell you just about a couple other of the men and women that I
couple other of the men and women that I
couple other of the men and women that I interacted with in the course of this
interacted with in the course of this
interacted with in the course of this program so one name is Roger Logan mr.
program so one name is Roger Logan mr.
program so one name is Roger Logan mr. Logan had been in jail 17 years and
Logan had been in jail 17 years and
Logan had been in jail 17 years and wrote me a letter it was a simple letter
wrote me a letter it was a simple letter
wrote me a letter it was a simple letter it basically said professor Sullivan I’m
it basically said professor Sullivan I’m
it basically said professor Sullivan I’m innocent I had been framed can you look
innocent I had been framed can you look
innocent I had been framed can you look at my case at first blush the case
at my case at first blush the case
at my case at first blush the case seemed like it was open and shut but my
seemed like it was open and shut but my
seemed like it was open and shut but my research that showed that single witness
research that showed that single witness
research that showed that single witness identification cases are prone to error
identification cases are prone to error
identification cases are prone to error doesn’t mean he was innocent just means
doesn’t mean he was innocent just means
doesn’t mean he was innocent just means we ought to look a little bit closer at
we ought to look a little bit closer at
we ought to look a little bit closer at those cases so we did and the facts were
those cases so we did and the facts were
those cases so we did and the facts were relatively simple the eyewitness said
relatively simple the eyewitness said
relatively simple the eyewitness said she heard a shot and she ran to
she heard a shot and she ran to
she heard a shot and she ran to next building and and turned around and
next building and and turned around and
next building and and turned around and looked him there was mr. Logan and he
looked him there was mr. Logan and he
looked him there was mr. Logan and he was tried and convicted and in jail for
was tried and convicted and in jail for
was tried and convicted and in jail for 17 semi years but it was a single
17 semi years but it was a single
17 semi years but it was a single witness case so we took a look at it I
witness case so we took a look at it I
witness case so we took a look at it I sent some people to the scene and there
sent some people to the scene and there
sent some people to the scene and there was an inconsistency and it’s I don’t
was an inconsistency and it’s I don’t
was an inconsistency and it’s I don’t know how let me to put it politely who
know how let me to put it politely who
know how let me to put it politely who same boat couldn’t have run from where
same boat couldn’t have run from where
same boat couldn’t have run from where she said she was to the other spot right
she said she was to the other spot right
she said she was to the other spot right so so we knew that wasn’t true right so
so so we knew that wasn’t true right so
so so we knew that wasn’t true right so still didn’t mean that he didn’t do it
still didn’t mean that he didn’t do it
still didn’t mean that he didn’t do it but we knew something was something was
but we knew something was something was
but we knew something was something was maybe fishy about this witness so look
maybe fishy about this witness so look
maybe fishy about this witness so look through the file piece of paper in the
through the file piece of paper in the
through the file piece of paper in the file had a number on it the number
file had a number on it the number
file had a number on it the number indicated that this witness had a record
indicated that this witness had a record
indicated that this witness had a record we went back through 20 years of non
we went back through 20 years of non
we went back through 20 years of non digitized papers to figure out what this
digitized papers to figure out what this
digitized papers to figure out what this record was about and it turned out they
record was about and it turned out they
record was about and it turned out they turned out that eyewitness was in jail
turned out that eyewitness was in jail
turned out that eyewitness was in jail when she said she saw what she saw man
when she said she saw what she saw man
when she said she saw what she saw man spent 17 years behind bars
spent 17 years behind bars
spent 17 years behind bars the last one is a case about two two
the last one is a case about two two
the last one is a case about two two boys Willy Stuckey David McCallum they
boys Willy Stuckey David McCallum they
boys Willy Stuckey David McCallum they were arrested at 15 and their conviction
were arrested at 15 and their conviction
were arrested at 15 and their conviction was vacated 29 years later now this was
was vacated 29 years later now this was
was vacated 29 years later now this was a case once again first blush it looked
a case once again first blush it looked
a case once again first blush it looked open and shut
open and shut
open and shut they had confessed but my research
they had confessed but my research
they had confessed but my research showed that juvenile confessions without
showed that juvenile confessions without
showed that juvenile confessions without a parent present are prone to error the
a parent present are prone to error the
a parent present are prone to error the DNA case has proved this several times
DNA case has proved this several times
DNA case has proved this several times so we took a close look looked at the
so we took a close look looked at the
so we took a close look looked at the confession and it turned out there was
confession and it turned out there was
confession and it turned out there was something in the confession that those
something in the confession that those
something in the confession that those boys could not have known only people
boys could not have known only people
boys could not have known only people who knew it were police and prosecutors
who knew it were police and prosecutors
who knew it were police and prosecutors we knew what really happened someone
we knew what really happened someone
we knew what really happened someone told them to say this we don’t exactly
told them to say this we don’t exactly
told them to say this we don’t exactly know who which person did but any rate
know who which person did but any rate
know who which person did but any rate the confession was coerced we determined
the confession was coerced we determined
the confession was coerced we determined we then went back and did forensics and
we then went back and did forensics and
we then went back and did forensics and did a fulsome investigation and found
did a fulsome investigation and found
did a fulsome investigation and found that two other much older different
that two other much older different
that two other much older different heights different hairstyle to other
heights different hairstyle to other
heights different hairstyle to other people committed the crime not these two
people committed the crime not these two
people committed the crime not these two boys actually went to court that day
boys actually went to court that day
boys actually went to court that day when for the what’s called
when for the what’s called
when for the what’s called vacatur hearing right where the
vacatur hearing right where the
vacatur hearing right where the conviction is thrown out I went to court
conviction is thrown out I went to court
conviction is thrown out I went to court I wanted to see mr. McCallum walk out of
I wanted to see mr. McCallum walk out of
I wanted to see mr. McCallum walk out of there so what the court and the judge
there so what the court and the judge
there so what the court and the judge says something that judges say all the
says something that judges say all the
says something that judges say all the time but this took on a really special
time but this took on a really special
time but this took on a really special meaning he looked up after the arguments
meaning he looked up after the arguments
meaning he looked up after the arguments and said mr. McCallum said five
and said mr. McCallum said five
and said mr. McCallum said five beautiful words you are free to go
beautiful words you are free to go
beautiful words you are free to go can you imagine after just about 30
can you imagine after just about 30
can you imagine after just about 30 years you are free to go and he walked
years you are free to go and he walked
years you are free to go and he walked out of that courtroom unfortunately its
out of that courtroom unfortunately its
out of that courtroom unfortunately its co-defendant mr. Stuckey didn’t get the
co-defendant mr. Stuckey didn’t get the
co-defendant mr. Stuckey didn’t get the benefit of that you see mr. Stuckey died
benefit of that you see mr. Stuckey died
benefit of that you see mr. Stuckey died in prison at 34 years old and his mother
in prison at 34 years old and his mother
in prison at 34 years old and his mother sat at counsel table in his place I’ll
sat at counsel table in his place I’ll
sat at counsel table in his place I’ll never forget this the rest of my life
never forget this the rest of my life
never forget this the rest of my life she just rocked at the table saying I
she just rocked at the table saying I
she just rocked at the table saying I knew my baby didn’t do this I knew my
knew my baby didn’t do this I knew my
knew my baby didn’t do this I knew my baby didn’t do this and her baby didn’t
baby didn’t do this and her baby didn’t
baby didn’t do this and her baby didn’t do this to other guys did it if there’s
do this to other guys did it if there’s
do this to other guys did it if there’s anything that we’ve learned anything
anything that we’ve learned anything
anything that we’ve learned anything that I’ve learned with this conviction
that I’ve learned with this conviction
that I’ve learned with this conviction integrity work is that justice doesn’t
integrity work is that justice doesn’t
integrity work is that justice doesn’t happen people make justice happen
justice is not a thing that just you
justice is not a thing that just you know descends from above and makes
know descends from above and makes
know descends from above and makes everything right if it did mr. Stuckey
everything right if it did mr. Stuckey
everything right if it did mr. Stuckey wouldn’t have died in prison justice is
wouldn’t have died in prison justice is
wouldn’t have died in prison justice is something that people of good will make
something that people of good will make
something that people of good will make happen justice is a decision justice is
happen justice is a decision justice is
happen justice is a decision justice is a decision we make justice happen you
a decision we make justice happen you
a decision we make justice happen you know that the scary thing is in each of
know that the scary thing is in each of
know that the scary thing is in each of these three cases I described it would
these three cases I described it would
these three cases I described it would have only taken just an extra minute an
have only taken just an extra minute an
have only taken just an extra minute an extra minute for someone to look through
extra minute for someone to look through
extra minute for someone to look through the file and find this receipt just just
the file and find this receipt just just
the file and find this receipt just just one more to look through the file find
one more to look through the file find
one more to look through the file find the receipt give it to the public
the receipt give it to the public
the receipt give it to the public defender
defender
defender it would have taken someone just a
it would have taken someone just a
it would have taken someone just a minute to look at the video confession
minute to look at the video confession
minute to look at the video confession to say that cannot be just a minute
to say that cannot be just a minute
to say that cannot be just a minute and perhaps mr. Stuckey would be alive
and perhaps mr. Stuckey would be alive
and perhaps mr. Stuckey would be alive today it reminds me of one of my
today it reminds me of one of my
today it reminds me of one of my favorite poems and it’s a point that
favorite poems and it’s a point that
favorite poems and it’s a point that Benjamin Elijah Mays would always recite
Benjamin Elijah Mays would always recite
Benjamin Elijah Mays would always recite and he called it God’s minute and it
and he called it God’s minute and it
and he called it God’s minute and it goes something like this I have only
goes something like this I have only
goes something like this I have only just a minute only 60 seconds in it
just a minute only 60 seconds in it
just a minute only 60 seconds in it forced upon me can’t refuse it didn’t
forced upon me can’t refuse it didn’t
forced upon me can’t refuse it didn’t seek it didn’t choose it but it’s up to
seek it didn’t choose it but it’s up to
seek it didn’t choose it but it’s up to me to use it I must suffer if I lose it
me to use it I must suffer if I lose it
me to use it I must suffer if I lose it give a count if I abuse it just a tiny
give a count if I abuse it just a tiny
give a count if I abuse it just a tiny little minute but eternity is in it if I
little minute but eternity is in it if I
little minute but eternity is in it if I were to charge each and every one of us
were to charge each and every one of us
were to charge each and every one of us I would want to say something like every
I would want to say something like every
I would want to say something like every day every day take just one extra minute
day every day take just one extra minute
day every day take just one extra minute and do some justice you don’t have to I
and do some justice you don’t have to I
and do some justice you don’t have to I mean some people spend their careers in
mean some people spend their careers in
mean some people spend their careers in their lives like public defenders doing
their lives like public defenders doing
their lives like public defenders doing justice every day but in your
justice every day but in your
justice every day but in your professional lives whatever you do take
professional lives whatever you do take
professional lives whatever you do take time out to just do some justice make a
time out to just do some justice make a
time out to just do some justice make a colleague feel better if you hear
colleague feel better if you hear
colleague feel better if you hear something that’s sexist don’t laugh
something that’s sexist don’t laugh
something that’s sexist don’t laugh speak up if someone is down lift them up
speak up if someone is down lift them up
speak up if someone is down lift them up one extra minute each day and it be a
one extra minute each day and it be a
one extra minute each day and it be a great great place now I want to show you
great great place now I want to show you
great great place now I want to show you something now above me is a picture of
something now above me is a picture of
something now above me is a picture of David McCallum this is the day he was
David McCallum this is the day he was
David McCallum this is the day he was released from prison after 30 years he
released from prison after 30 years he
released from prison after 30 years he got to hug and nice he had never been
got to hug and nice he had never been
got to hug and nice he had never been able to touch before and I asked him
able to touch before and I asked him
able to touch before and I asked him then I said what’s the first thing you
then I said what’s the first thing you
then I said what’s the first thing you want to do and he said I just want to
want to do and he said I just want to
want to do and he said I just want to walk on a sidewalk without anybody
walk on a sidewalk without anybody
walk on a sidewalk without anybody telling me where to go wasn’t bitter I
telling me where to go wasn’t bitter I
telling me where to go wasn’t bitter I just wanted to walk on a sidewalk I
just wanted to walk on a sidewalk I
just wanted to walk on a sidewalk I spoke to mr. McCallum about two weeks
spoke to mr. McCallum about two weeks
spoke to mr. McCallum about two weeks ago I went to New York and it was on the
ago I went to New York and it was on the
ago I went to New York and it was on the two-year anniversary of his release and
two-year anniversary of his release and
two-year anniversary of his release and we talked we laughed we hugged we cried
we talked we laughed we hugged we cried
we talked we laughed we hugged we cried and he’s doing quite well and one of the
and he’s doing quite well and one of the
and he’s doing quite well and one of the things he said when we met with him is
things he said when we met with him is
things he said when we met with him is that he now has dedicated his life and
that he now has dedicated his life and
that he now has dedicated his life and his career to ensuring that nobody else
his career to ensuring that nobody else
his career to ensuring that nobody else is locked up unjustly justice my friends
is locked up unjustly justice my friends
is locked up unjustly justice my friends is a decision thank you very much
is a decision thank you very much
is a decision thank you very much [Applause]
”
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