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Wrongly Convicted Database Record
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Charge: |
First Degree Murder |
Sentence: |
20 years to life imprisonment |
Years Imprisoned: |
13 |
Year Crime: |
1990 |
Year Convicted: |
1992 |
Year Cleared: |
2004 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Kings |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Keith Harris was wrongly convicted in 1992 of murder in the shooting death of Benjamin Acevedo during the alleged attempted robbery of Acevedo's coat in 1990 on a Brooklyn, New York street. Harris was also convicted of assault for shooting another man in the hand during the incident. The evidence against him for both crimes was the testimony of four eyewitnesses who were friends, one of whom was the man who was purportedly shot in the hand. Medical records in possession of Harris' trial lawyer indicated the man who claimed to have been shot in the hand was in fact stabbed and not shot. The other three eyewitnesses similarly testified the man had been shot in the hand -- when he had in fact been stabbed. The medical records contradicted the testimony of all four of the prosecution's eyewitnesses, and strongly suggested the possibility the witnesses colluded in their testimony in an effort to frame Harris for a crime that was committed by one of them. Yet Harris lawyer did not attempt to impeach the credibility of any of the four eyewitnesses by cross-examining them about the contradictions between their testimony and the medical records. No weapon was recovered, and the prosecution introduced no forensic evidence suggesting Harris had fired a gun. Harris testified in his own defense that he was walking home from a night at the movies in Manhattan when he heard two gunshots. He ducked down and saw two people running by, then got up and continued walking toward his home. As he was crossing the street, two men in a car pulled up beside him and said he was a "dead mother fucker." He then ran into an apartment building, up to the roof and into the air shaft, where he was discovered by police. Contrary to the medical evidence in his possession Harris' lawyer argued to the jury, "There is no dispute that Gregory Deas was shot." After Harris was convicted by a jury he was sentenced to 25 years to life in prison. Harris' conviction was affirmed on appeal and the New York state court's denied his post-conviction petition that asserted his trial lawyer was constitutionally ineffective for failing to use the medical records to impeach the credibility of the four prosecution eyewitnesses. On April 24, 1997 Harris filed a federal petition for a writ of habeas corpus. On August 26, 2003 by U.S. District Court Judge Jack Weinstein granted Batten's petition, stating, "In the instant case, defense counsel's failure to cross examine Deas and the other witnesses concerning the alleged shooting of Deas's hand cannot reasonably be dismissed as strategic. Simply stated, there was no downside to introducing the medical evidence for impeachment purposes. Defense counsel's theory of the case—that petitioner was misidentified by the four witnesses—would have been aided rather than impeded by the introduction of evidence undermining the veracity of the witnesses. ... Disproving that Deas had been shot in the hand would also suggest that the other three eyewitnesses had colluded to protect Deas by pinning the crime on a passerby in a green army jacket. ... the failure to introduce this evidence, without any plausible justification, appears to be a significant dereliction by the defense. ... The petition for a writ of habeas corpus is granted based on petitioner's claim of ineffective assistance of counsel. The prisoner shall be released unless within sixty days the state commences prosecution or takes other action appropriate in light of this decision." The State appealed. On July 15, 2004 the U.S. Second Circuit Court of Appeals affirmed Judge Weinstein's ruling, stating: "We agree with the district court that counsel's cross-examination omission prejudiced Harris within the meaning of Strickland because Dea's inconsistent statements about his hand injury cast doubt on the credibility of all four testifying eyewitnesses: "any reasonable juror would [have been] forced to consider how four friends managed to testify to the same physically impossible details."" With the four eyewitnesses identified in federal court as likely protecting the murderer by colluding to frame Harris as a convenient patsy, the Kings County DA declined to retry Harris." |
Conviction Caused By: |
Ineffective assistance of counsel. |
Innocence Proved By: |
"On August 26, 2003 by U.S. District Court Judge Jack Weinstein granted Batten's federal habeas petition in the basis of his trial counsel's ineffective assistance of counsel, stating: "In the instant case, defense counsel's failure to cross examine Deas and the other witnesses concerning the alleged shooting of Deas's hand cannot reasonably be dismissed as strategic. ... The prisoner shall be released unless within sixty days the state commences prosecution or takes other action appropriate in light of this decision." The State appealed. On July 15, 2004 the U.S. Second Circuit Court of Appeals affirmed Judge Weinstein's ruling. With the four eyewitnesses identified in federal court as likely involved in the murder and colluding to frame Harris as a convenient patsy, the Kings County DA declined to retry Harris." |
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Sex: |
Male |
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Information Source 1: |
"Harris v. Artuz, 288 F.Supp.2d 247 (No. 97-CV-2135 JBW, No. 03-MISC-0066(JBW)) (E.D.N.Y. Aug 26, 2003) (Granting Batten's writ of habeas corpus and ordering new trial.)" |
Information Location 1: |
http://www.leagle.com/decision/2003535288FSupp2d247_1514/HARRIS%20v.%20ARTUZ |
Information Source 2: |
"Harris v. Artuz, No. 03-2675 (2nd. Cir. 7-15-2004) (Affirming district court's granting Harris' writ of habeas corpus based on ineffective assistance of counsel and ordering new trial.)" |
Information Location 2: |
https://ecf.nyed.uscourts.gov/doc1/1231491988 |
Information Source 3: |
"Judge Tosses Two Slay Convictions, By Kati Cornell Smith (Staff writer), New York Post, August 27, 2003" |
Information Location 3: |
http://nypost.com/2003/08/27/judge-tosses-two-slay-convictions/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org