Kenneth Rose, senior staff attorney at the Center for Death Penalty Litigation, is the lawyer who helped free two mentally handicapped brothers in North Carolina be freed after three decades in prison for a crime they didn’t commit. And while he’s happy that they’re out, he’s still justifiably angry at the system that put them there.
Finally proving Henry and Leon’s innocence was a great victory, but what I cannot forget is that this case is, above all, a tragedy. Two innocent men — both intellectually disabled — spent three decades of their lives being, essentially, tortured by the state of North Carolina…
I have been Henry’s attorney for 20 of those years, and he and his family pleaded with me to prove his innocence. But I couldn’t help Henry in a system where the deck was stacked against him. He had signed a detailed confession before a change in laws to require confessions to be videotaped. I had no way to prove that the details in the confession police wrote for Henry — down to the brand of cigarettes smoked by the perpetrator — were all provided by law enforcement.
I was told that the police file on Henry’s case had been lost, so I could not tell how much evidence police had to ignore to pin this crime on two disabled boys with no history of violence. Until the Innocence Inquiry Commission unearthed that missing file, I didn’t know that Roscoe Artis, the man whom DNA showed to be the true perpetrator, was a convicted rapist who lived one block from the crime scene, or that, at the time of Henry and Leon’s arrest, Artis was wanted for another, almost identical rape and murder.I also didn’t know until I saw the file that, three days before Henry’s trial began, law enforcement asked the State Bureau of Investigation to test a fingerprint found at the crime scene for a match with Artis. This was an important request, considering that no physical evidence linked Henry or Leon to the crime. Unbelievably, the test was never completed, and the district attorney tried Henry and Leon for their lives. Artis’s name was never mentioned at the trial…
Now, with Henry finally free, some people expect me to feel satisfied, or even happy. The truth is: I am angry.
I am angry that we live in a world where two disabled boys can have their lives stolen from them, where cops can lie and intimidate with impunity, where innocent people can be condemned to die and where injustice is so difficult to bring to light.
As I lie awake at night, mulling over the maddening details of this case, I wonder: How many more Henry McCollums are still imprisoned, waiting for help that will never come?
I think the answer is a lot. Far too many. This is a drum I’ve been beating for more than a decade now. Every state should have an innocence commission. Every DA’s office should have a division that does nothing but post-conviction analysis to find wrongful convictions. The entire criminal justice system needs to be reformed from the bottom up. That’s the only way to prevent this from happening again and again.