Since 2018, Proskauer has acted as pro bono legal counsel for a veteran who experienced racial discrimination during his service in the U.S. Marine Corps. Our client was stationed at Camp Pendleton in the mid-1970s. At that time, members of the Ku Klux Klan (“KKK”) served openly and actively at Camp Pendleton. Our client faced a pattern of severe harassment, beatings and threats of sexual harm and death by his immediate superior and others on his base, many of whom were active members of the KKK. In fear for his life and safety, he eventually went absent without leave, causing him to be unfavorably discharged from service.
racial injustice
Proskauer Represents Forensic Scholars in Successful Amicus Brief Overturning Wrongful Conviction After 40 Years
On August 24, 2020, the United States Court of Appeals for the Fourth Circuit, sitting en banc, reinstated defendant Ronnie Long’s petition for a writ of habeas corpus, challenging his rape conviction more than four decades earlier. Proskauer filed an amicus curiae brief in support of Mr. Long on behalf of some forty leading scholars who specialize in forensic science, emphasizing the grave impact of the prosecution’s repeated failures to disclose all the forensic evidence in the case. The Fourth Circuit agreed, and now Mr. Long is expected to be released imminently.
Over forty years ago, Mr. Long was accused of committing a rape and burglary that he has consistently maintained he did not commit. Relying heavily on the victim’s identification testimony, and the asserted “honesty” of law enforcement who investigated the crime, a jury found Mr. Long guilty of first-degree rape and first-degree burglary. He was sentenced to life in prison, and his conviction was upheld on appeal. As the result of continued litigation over the span of many decades, however, a steady stream of suppressed evidence concerning the crime, neither disclosed to the defense nor presented to the jury, came to light. It included lab-test results demonstrating that Mr. Long was not linked to the crime scene; medical evidence taken from the victim that unaccountably went missing; and, most recently, 43 latent fingerprints lifted from the scene, none of which matched Mr. Long. It also became plain that the detectives who investigated the crime lied at trial about the evidence suppression.
Criminal Justice Reform in America: Rethinking the Role of the Prosecutor
Until recently, conventional wisdom among prosecutors dictated that long prison terms were vital to public safety. They took seriously the direction “to charge and pursue the most serious, readily provable offenses,” and measured success in terms of trial wins and convictions. Conventional wisdom, however, is changing from this purely punitive model as prosecutors are now beginning to recognize the great price we pay — both the dollar and human cost — for mass incarceration in America.
At a panel discussion earlier this week, “Prosecutors and the Criminal Justice Reform Movement,” Lucy Lang, Executive Director of the Institute for Innovation in Prosecution (“IIP”) at John Jay College, and Sam Rivera, Associate Vice President of Housing at The Fortune Society, discussed the role of the prosecutor in bringing about systemic change.