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05-17-2003, 06:36 AM
By 0, Globe Staff, 5/17/2003
THE 1988 MURDER of a Roxbury girl that came to symbolize out-of-control street violence in Boston may come to signify the flaws of the criminal justice system as well. Yesterday, Superior Court Judge Barbara Rouse ordered a status review in the case of Shawn Drumgold, a Roxbury man convicted in 1989 of murdering Tiffany Moore, a 12-year-old girl who was socializing on a street corner when she got caught between a shooter and his intended target in a suspected gang feud. In recent interviews with Globe staffer Dick Lehr, three witnesses recanted statements and testimony used to convict Drumgold. Eric Johnson, who was 15 years old at the time of the Moore shooting, stated that investigators pressured him continuously to implicate Drumgold. Now, at age 29, Johnson says his trial testimony was ''all wrong.'' Another witness against Drumgold, Vantrell McPherson, told Lehr that a prosecutor pressured and berated her to the point of tears during witness preparation.
Suffolk County District Attorney Daniel Conley, who inherited the case, has shown good judgment by ordering an internal investigation and filing for an evidentiary hearing. He made no attempt to block Drumgold's attorney from seeking a new trial. The 1980s-era district attorney's office was all about winning cases. But Conley's predecessor, Ralph Martin, set a higher standard in the 1990s by placing the demands of justice above the victory tally. Conley seems to be carrying on Martin's tradition.
Witness error is well known as a leading cause of wrongful conviction. The usual complaint is that law enforcement officials may give subtle or unconscious cues to witnesses. But the Drumgold case is especially disturbing for what appears to have been blatant bullying and browbeating on the part of the Boston police. The Drumgold case, though dating back 14 years, raises important questions about police practices as they relate to eyewitnesses.
Supervisors conduct a thorough investigation every time a police officer discharges a weapon, regardless of the cause or outcome. But nothing of the sort takes place when misfires occur in court. And such cases are not terribly rare. In 1999, Martin sought the release of Donnell Johnson, wrongly convicted in the notorious Halloween night killing of 9-year-old Jermaine Goffigan. In 2000, a Superior Court judge vacated the murder conviction of Marlon Passley, who had wrongfully served four years in prison.
Such cases argue strongly for the establishment of an ''innocence commission'' to collect and analyze data in cases of wrongful conviction. The attorney general, distinguished legal professionals, and other experts should review each wrongful conviction and craft policies to prevent recurrences.
This story ran on page A10 of the Boston Globe on 5/17/2003.
© Copyright 2003 Globe Newspaper Company.
http://www.boston.com/dailyglobe2/137/editorials/Justice_for_Drumgold+.shtml
THE 1988 MURDER of a Roxbury girl that came to symbolize out-of-control street violence in Boston may come to signify the flaws of the criminal justice system as well. Yesterday, Superior Court Judge Barbara Rouse ordered a status review in the case of Shawn Drumgold, a Roxbury man convicted in 1989 of murdering Tiffany Moore, a 12-year-old girl who was socializing on a street corner when she got caught between a shooter and his intended target in a suspected gang feud. In recent interviews with Globe staffer Dick Lehr, three witnesses recanted statements and testimony used to convict Drumgold. Eric Johnson, who was 15 years old at the time of the Moore shooting, stated that investigators pressured him continuously to implicate Drumgold. Now, at age 29, Johnson says his trial testimony was ''all wrong.'' Another witness against Drumgold, Vantrell McPherson, told Lehr that a prosecutor pressured and berated her to the point of tears during witness preparation.
Suffolk County District Attorney Daniel Conley, who inherited the case, has shown good judgment by ordering an internal investigation and filing for an evidentiary hearing. He made no attempt to block Drumgold's attorney from seeking a new trial. The 1980s-era district attorney's office was all about winning cases. But Conley's predecessor, Ralph Martin, set a higher standard in the 1990s by placing the demands of justice above the victory tally. Conley seems to be carrying on Martin's tradition.
Witness error is well known as a leading cause of wrongful conviction. The usual complaint is that law enforcement officials may give subtle or unconscious cues to witnesses. But the Drumgold case is especially disturbing for what appears to have been blatant bullying and browbeating on the part of the Boston police. The Drumgold case, though dating back 14 years, raises important questions about police practices as they relate to eyewitnesses.
Supervisors conduct a thorough investigation every time a police officer discharges a weapon, regardless of the cause or outcome. But nothing of the sort takes place when misfires occur in court. And such cases are not terribly rare. In 1999, Martin sought the release of Donnell Johnson, wrongly convicted in the notorious Halloween night killing of 9-year-old Jermaine Goffigan. In 2000, a Superior Court judge vacated the murder conviction of Marlon Passley, who had wrongfully served four years in prison.
Such cases argue strongly for the establishment of an ''innocence commission'' to collect and analyze data in cases of wrongful conviction. The attorney general, distinguished legal professionals, and other experts should review each wrongful conviction and craft policies to prevent recurrences.
This story ran on page A10 of the Boston Globe on 5/17/2003.
© Copyright 2003 Globe Newspaper Company.
http://www.boston.com/dailyglobe2/137/editorials/Justice_for_Drumgold+.shtml