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The New York Times
January 5, 2004
OP-ED COLUMNIST
Getting Away With . . .
By BOB HERBERT
WINSTON-SALEM, N.C. — Two days before Christmas — after nearly
two decades of bungling and outrageous misbehavior — the police
finally arrested the right man for the rape and murder of a woman
in 1984.
But even after a DNA match and a credible confession showed conclusively
that the wrong man had been locked up for the better part of 19
years, law enforcement authorities remained reluctant to let him
go.
I suppose times have changed. Half a century ago, Darryl Hunt might
have been lynched. Instead, he was left to rot in a cell, wrongfully
incarcerated, for half his life.
Deborah Sykes was a 25-year-old white woman who was beaten, raped
and stabbed to death by a black man on the morning of Aug. 10, 1984.
The case was a local sensation, an accelerant in a racial atmosphere
that was fiery in the best of times.
Mr. Hunt, 19 at the time, was caught in a search that can fairly
be categorized as "any black man will do." Patently unreliable testimony
got him convicted of murder and sentenced to life in prison. And
after procedural problems caused the first conviction to be thrown
out, he was tried and convicted again.
Mr. Hunt insisted from the beginning that he was innocent. He and
his attorney, Mark Rabil, who is white, and several dedicated supporters
in the black community, including a former city alderman named Larry
Little, spent many long disheartening years fighting a hateful,
racist system that was never interested in dispensing justice or
finding the real killer.
Even after DNA tests of semen collected from Ms. Sykes's body failed
to show any link to Mr. Hunt or to any of the alleged accomplices
fantasized by prosecutors over the years, the courts would not intervene.
But last year an extraordinary sequence of events forced the truth
into the open. In response to motions by Mr. Hunt's lawyers, a judge
ordered the state to compare the DNA evidence with genetic profiles
of state prisoners compiled in a DNA database. In November The Winston-Salem
Journal started an eight-part series that detailed the mistakes,
the unreliable witnesses, the official misconduct, the DNA evidence
and many other aspects of the case.
With pressure growing, a new generation of investigators ran a
broad check of the DNA. Lo and behold, the check led them to a man
named Willard Brown whose DNA matched that of semen taken from Ms.
Sykes. On Dec. 23 Mr. Brown was arrested and charged with kidnapping,
rape, armed robbery and murder.
On Feb. 2, 1985, less than six months after the attack on Ms. Sykes,
another woman was abducted, raped and, like Ms. Sykes, repeatedly
stabbed. The abduction occurred just a couple of blocks from the
spot where Ms. Sykes was attacked.
The second woman survived and identified Willard Brown as her attacker.
But for reasons that are not at all clear, he was never prosecuted.
Mr. Brown has confessed to the rape and murder of Ms. Sykes. He
said he acted alone and, according to court papers, he expressed
remorse for the crime and for the many years Mr. Hunt spent in prison.
But prosecutors were still reluctant to do the right thing by Mr.
Hunt. They continued to search for a way to link him to the crime.
At that point a number of prominent white voices were raised, saying
essentially that enough was enough. Several white ministers held
a press conference to express their dismay at the way the case had
been handled.
On Christmas Eve a Superior Court judge ordered the release of
Mr. Hunt on an unsecured $250,000 bond pending a hearing in February.
His lawyers hope that prosecutors will agree at that point to have
his murder conviction vacated.
There are many terrible things about this case. The awful attacks
on at least two women. The years lost to Mr. Hunt in prison. And
the fact that the relentlessly bad behavior of the law enforcement
authorities — the use of unreliable witnesses, the illegal withholding
of exculpatory material, the refusal to acknowledge clear evidence
of innocence — is so ordinary. This sort of thing goes on all the
time.
Mr. Hunt told me he was not bitter, but he did think someone should
be held accountable for what happened to him. "If people feel they
can get away with anything," he said, "then you will have other
Darryl Hunts, from now until the end of time."
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