Gerald Harris - Mistaken Witness Identification

Harris, Gerald; robbery; NRE: mistaken witness identification

[828:463]; 2nd Dept. 1/16/07; civil suit

[A witness selected Gerald Harris from a lineup. But he was actually at home the time of the robbery, and had alibi witnesses. During the trial, the Court received a letter from Harold Harris (Gerald's brother), saying he (not Gerald) had participated in the robbery, and that he'd turn himself in once he got a lawyer. However, the trial then continued with no further contact from Harold. By the time of sentencing, Harold had submitted an affidavit saying he had committed the robbery, and named the others involved. Harold was in the courtroom for a hearing on this, but subsequently got cold feet and returned to South Carolina where he was subsequently arrested for an unrelated crime.]

from Records and Briefs:

[6] "During the hearings on the [post-conviction] motion, three of the four participants in the subject armed robbery acknowledged their complicity in the crimes and stated [Gerald] was not involved in the commission of the aforesaid crimes.

[62] "[Gerald] relied upon an alibi defense where he claimed on the night of the robbery he, along with several family members and a friend, were in fact at the time of the occurrence at his home watching tapes of boxing matches in which he had participated."

[63] "Harold and Gerald Harris...were of the same height and build."

"At the trial in 1992 one of [Gerald's] sisters, one Evelyn Davis, and a friend named Sharon Lee testified in support of the alibi defense...'"

from NRE synopsis (by Maurice Possley):

"On December 18, 1991, a couple were approached by three men with guns who robbed them in the driveway of their home in Corona Queens...A fourth man was waiting in a getaway car.

"A month later, police arrestd 23-year-old Gerald Harris, a Golden Gloves boxer, after he was seen in a car that resembled the getaway car. Both victims identified Harris in a lineup.

"In November 1992, a jury convicted Harris of armed robbery based on the testimony of the victims.

"Before sentencing, Harris's brother, Harold, who resembled him, came to court to confess that he was the actual robber, but he did not testify at that time because the [DA] wasn't present.

"As a result, Harold Harris left for South Carolina without making a public confession and subsequently, [Gerald] was sentenced to 9 to 18 years in prison. Meanwhile, Harold Harris was later convicted of drug charges in South Carolina and sentenced to 25 years to life.

"[Gerald's] former boxing trainer was convinced of his innocence and his advocacy led to the reopening of Harris's case.

"Harold Harris eventually did confess to the authorities and one of the other robbers also said that [Gerald] had nothing to do with the crime. Neither Harold Harris nor the other robber were charged in the crime because by then, the statute of limitations had expired.

"On December 15, 2000, the [DA] supported Harris's motion to vacate his conviction and then dismissed the charges.

"Harris was later awarded $3,010,000 in compensation by the New York Court of Claims."

[All emphases added unless otherwise noted.]