This week, two decades-old cas­es involv­ing men with inno­cence claims reached final res­o­lu­tion: Louisiana inmate Gary Tyler (pic­tured) was released after 42 years in prison and Paul Gatling was exon­er­at­ed in New York more than 50 years after his wrong­ful con­vic­tion. Both men had once faced the death penal­ty. Tyler was con­vict­ed and sen­tenced to death for the fatal shoot­ing of a 13-year-old white boy in 1974 dur­ing a riot over school inte­gra­tion. A white mob had attacked a bus filled with black stu­dents, includ­ing Tyler. After the shoot­ing, Tyler was arrest­ed on a charge of dis­turb­ing the peace for talk­ing back to a sher­if­f’s deputy. The bus and stu­dents were searched, but no weapon was found. Police lat­er claimed to have found a gun on the bus dur­ing a lat­er search. That gun turned out to have been stolen from a fir­ing range used by the sher­if­f’s depart­ment. Tyler was con­vict­ed and sen­tenced to death by an all-white jury when he was 17 years old. His death sen­tence was over­turned after the U.S. Supreme Court ruled Louisiana’s manda­to­ry death penal­ty statute uncon­sti­tu­tion­al in 1976, and his life sen­tence was recent­ly over­turned after the Supreme Court barred manda­to­ry life sen­tences for juve­nile offend­ers. Tyler was released on April 29, after the dis­trict attor­ney’s office agreed to vacate his mur­der con­vic­tion, allow him to plead guilty to manslaugh­ter, and receive the max­i­mum sen­tence of 21 years, less than half the time he had already served. Mary Howell, one of Tyler’s attor­neys, said, This has been a long and dif­fi­cult jour­ney for all con­cerned. I feel con­fi­dent that Gary will con­tin­ue the impor­tant work he began years ago while in prison, to make a real dif­fer­ence in help­ing to men­tor young peo­ple faced with dif­fi­cult chal­lenges in their lives.” On May 2, 81-year-old Paul Gatling was exon­er­at­ed. Brooklyn pros­e­cu­tors charged Gatling with cap­i­tal mur­der in 1963 despite the fact that he did not fit the descrip­tion of the killer and no phys­i­cal evi­dence linked him to the killing. He pled guilty to sec­ond-degree mur­der after his lawyer told him he would get the death penal­ty if the case went to tri­al. Governor Nelson Rockefeller com­mut­ed Gatling’s sen­tence in 1974 and he was released from prison, but he con­tin­ued to seek exon­er­a­tion, in part, because his con­vic­tion pre­vent­ed him from vot­ing. Brooklyn District Attorney Ken Thompson, whose Conviction Review Unit rein­ves­ti­gat­ed the case, said, Paul Gatling repeat­ed­ly pro­claimed his inno­cence even as he faced the death penal­ty back in the 60s. He was pres­sured to plead guilty and, sad­ly, did not receive a fair tri­al.… We’re here because Mr. Gatling would not let go of his demand to be deemed innocent.” 

(“Gary Tyler a free man after more than 4 decades in Angola,” Associated Press, April 29, 2016; B. Herbert, Gary Tyler’s Lost Decades,” The New York Times, February 5, 2007; M. Lennihan, More than 50 years lat­er, Virginia man exon­er­at­ed for NYC killing,” CBS News, May 2, 2016.) See Race and Innocence.

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