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N E W S   &   A N N O U N C E M E N T S What's New?   |   Faculty in the News   |    News Archive   |   News Home (L-R) Professors William Hellerstein, Former Professor Daniel Medwed, Ledra Horowitz '04, Jaykumar Menon, Co-Counsel, Center for Constitutional Rights, and Jon Stelzner '03 Wrongful Murder Conviction Reversed Victory for BLS Second Look Clinic The long campaign to win David Wong’s freedom finally ended late in 2004, 18 years after the 40-year-old Chinese immigrant was wrongfully convicted of murder. It was a hard–won victory for his support committee and tenacious legal team, led by Professor William E. Hellerstein, the Director of Brooklyn Law School’s Second Look Clinic, who served as lead counsel, and co-counsel, the Center for Constitutional Rights and its cooperating attorney, Jaykumar Menon. More on the Victory Articles The New York Times October 22, 2004 December 11, 2004 New York Law Journal TV Report New York's WNBC News Channel 4 Read More Second Look Program Professor William E. Hellerstein In 1987, while Wong was serving a sentence for robbery at the Clinton Correctional Facility in Dannemora, New York, he was convicted of second-degree murder for the prison yard stabbing death of another inmate. The case against him rested solely on the testimony of two witnesses, a prison guard and an inmate who testified he had seen Wong commit the crime. He was sentenced to 25 years-to-life in prison. But another inmate launched a letter writing campaign asserting Wong’s innocence. Prominent people in the Asian-American community and other justice advocates responded, forming a strong support committee that first enlisted the Center for Constitutional Rights and then Professor Hellerstein and the Second Look Clinic. The new evidence they uncovered included the recantation of trial testimony by the inmate who said he had witnessed the stabbing, and the statements of nine other witnesses, six of whom identified another inmate as the perpetrator. David Wong In spring 2003, Professors Hellerstein and Daniel Medwed, along with students Ledra Horowitz ’04 and Jonathan Stelzner ’03, and Mr. Menon, presented the new evidence at an evidentiary hearing in Clinton County Court in Plattsburgh. However, in September of that year the County Court judge rejected the evidence because he found the witnesses not credible and denied the motion to set aside Wong’s conviction. An appeal was taken to the Appellate Division, Third Department and argued by Professor Hellerstein in September 2004. In October, the Appellate Division unanimously reversed the decision of the County Court and ordered a new trial. The Court held that the evidence introduced at the hearing was entirely credible and should have been credited by the County Court judge. Following extensive motion practice, the Clinton County judge who had presided at the hearing was disqualified, and a new judge, Richard C. Giardino, from Johnston, New York was assigned. The Clinton County District Attorney Richard Cantwell subsequently agreed to file a motion to dismiss the indictment, in which Professor Hellerstein joined. Supporters of David Wong, with Professor William Hellerstein at right of banner.   On December 20, Judge Giardino granted the motion to dismiss. In his decision he wrote, “On this record, the situation facing the Court appears to be rare and compelling. The defense clearly contends and, while not stating so specifically, the prosecution essentially admits that a trial at this juncture would likely result in an acquittal.” Professor Hellerstein said, “This is the most difficult case that I ever had. Despite the evidence that we amassed on David Wong’s innocence, we were resisted at every turn by the prosecution and the judge who presided at the hearing. Only the Appellate Division’s sensible decision and the fairness of Judge Giardino prevented the perpetuation of this miscarriage of justice.” Back to top   |   More News & Events

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