Monday, January 31, 2022

END THE DEATH PENALTY
Philadelphia man cleared after 37 years in prison, sues city
By MARYCLAIRE DALE
January 27, 2022

Willie Stokes walks from a state prison in Chester, Pa., on, Jan. 4, 2022, after his 1984 murder conviction was overturned because of perjured witness testimony. Stokes, whose murder case officially dismissed at a court hearing Thursday, Jan. 27, 2022, said he was not bitter but "just excited to move forward" in life. He was also filing a lawsuit Thursday against the city over the nearly four decades he spent in prison.
(AP Photo/Matt Rourke)


PHILADELPHIA (AP) — A Philadelphia man freed after 37 years in prison in a case tainted by perjured testimony accused the city of “outrageous police misconduct” in a lawsuit filed Thursday, the same day his 1984 murder case was dismissed.

Willie Stokes left prison earlier this month, after a federal judge found prosecutors never disclosed that they had charged his chief accuser with perjury after the trial. The witness has said he was offered sex and drugs at police headquarters to frame Stokes in an unsolved 1980 dice-game slaying.

“I’m not bitter. I’m just excited to move forward,” Stokes, 60, told The Associated Press after the brief morning court hearing, when prosecutors announced they would not seek to retry the case.

More than 100 people have been exonerated in recent years in Pennsylvania, according to Marissa Boyers Bluestine of the University of Pennsylvania law school, the former executive director of the Pennsylvania Innocence Project. None served more prison time than Stokes.

The trial witness who identified him as the killer at a preliminary hearing recanted at the murder trial, in what he later called a fit of conscience. Stokes was nonetheless convicted. Prosecutors then charged the witness, Franklin Lee, with perjury over his pretrial testimony, and Lee went to prison for it. Stokes never knew that until 2015.

“I didn’t believe it,” Stokes said in a telephone interview. “I didn’t believe that they would let something like that happen — that they knew, and they didn’t tell me.”

Stokes said his only child, a daughter who was 2 when he went to prison, died about 20 years ago. He was not allowed to attend her funeral. He now lives with his mother.

“She (has) got a beautiful three-story house, so I’m not in the way,” Stokes said Thursday, the joy in his voice evident.

Criminal lawyer Michael Diamondstein, who handled his successful federal court appeal, called the actions of police and prosecutors in the case outrageous.

“They used perjured evidence to convict him and then charged the perjurer, and never told him. And then Willie was warehoused for 38 years,” Diamondstein said

In his view, the official misconduct stemmed from “institutional racism, or pure bias.”

“The cases needed to be closed. The inner city minority were interchangeable, as long as you had someone in the defendant’s chair,” he said.

Philadelphia District Attorney Larry Krasner has championed about two dozen exoneration cases. A supervisor in his office, Matthew Stiegler, said Thursday the office agreed with the federal judge who found that Stokes’ constitutional rights were egregiously violated.

Both detectives who allegedly offered Lee a sex-for-lies deal to help them close the homicide case are now deceased. The lawsuit names their estates as defendants.

“I fell weak and went along with the offer,” Lee told the federal judge in November, recalling his false testimony at the May 1984 preliminary hearing.

Two surviving prosecutors named in the suit, now in private practice, did not immediately return messages seeking comment Thursday. At least one has given a statement saying he doesn’t remember the case, according to court files.

Both the Philadelphia police department and the city declined to comment on the case, citing the pending lawsuit.

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Follow Maryclaire Dale on Twitter at https://twitter.com/Maryclairedale

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