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Righting a staggering wrong

By EDITORIAL  |  February 6, 2008

The city’s lack of faith in the BPD was recorded even before residents had to endure a gut-wrenching parade of innocent men released from prison, where they had been wrongly sent by Boston police. Not one of these cases has been adequately explained. Not one officer has been disciplined for their actions in these cases.

It may be that none deserves to be. But city residents would have more confidence that all hands are clean were they provided with evidence that “every tool” has indeed been used to uncover wrongdoing.

At the height of public concern about Boston’s recent wrongful-conviction plague — just after the Cowans exoneration in 2004 — Reilly and the state’s district attorneys announced a “Justice Initiative” to examine the problem. Boston’s district attorney Daniel Conley and current attorney general Martha Coakley led the effort. They promised a report in 90 days; what they eventually released, two-and-a-half years later, could have been assembled in the bat of an eye.

In its introduction, the state’s top prosecutors wrote that “What was at stake was not only the integrity of individual prosecutions, but also the confidence of the public in the integrity of the system itself.”

Yet their conclusions, supposedly based on thorough reviews of all relevant cases, found no systemic issues, called wrongful convictions a problem of the distant past, held nobody accountable, and proposed no serious reforms.

If police conduct in the Cowans case had no other implications, Cowans’s story would already be the stuff of a Greek tragedy: an innocent man arrested, prosecuted, convicted, and imprisoned; then exonerated, freed, and made a rich man by compensation for the wrong done to him; finally, in his new home, brutally killed by someone apparently seeking the money for which Cowans had so dearly paid.

But Cowans’s plight is about much more. It is about a city whose residents, surrounded by shootings, choose not to cooperate with police against those tormenting them; a city in which jurors acquit criminals despite the testimony of veteran officers; a city in which gang members shoot with impunity in broad daylight. It is about a city in which good, hard-working, honest cops can’t do their jobs because of the stain left by the bad ones.

Policing the police on behalf of Boston citizens will take effort and openness from the top — a fitting memorial to the memory of Stephan Cowans, who in life was no angel but who wrongfully suffered six-and-a-half years of unjust imprisonment for a shooting he did not commit. It’s time for the US Attorney to act.

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Related: Truth, Justice — or the Boston Way, Boston agrees to pay $3.2 million to Stephan Cowans, More than a few loose ends, More more >
  Topics: The Editorial Page , Politics, Criminal Sentencing and Punishment, Tom Menino,  More more >
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Comments
Righting a staggering wrong
While asking the U.S. Attorney to investigate local misconduct is usually a reasonable request, please know that the U.S. Attorney's office has failed, so far, to examine two wrongful convictions prosecuted by its own Assistant U.S. Attorneys. Alfred Trenkler and Tom Shay were wrongly convicted in Boston Federal Court in 1993 of building a bomb that killed Boston Bomb Squad officer Jeremiah Hurley and maimed his partner, Francis Foley. Both Trenkler and Shay are "perfectly innocent" which is the name of the book about the case, posted at the website www.alfredtrenklerinnocent.org. The Boston Police Dept. was pursuing the reasonable leads in the case, but they turned the case over to the U.S. Attorney's office and the Bureau of Alcohol, Tobacco and Firearms (ATF). Alfred Trenkler and Tom Shay barely knew each other and Alfred didn't even know about the lawsuit that Tom's father was pursuing and from which the U.S. Attorney's office claimed Tom wanted to inherit a share. Given Alfred's private school background, the money motive was absurd. The claimed friendship was barely an acquaintance, as Alfred Trenkler had been with Tom Shay a total of only a few hours during hitchhiked rides, and their last contact was two months before the October 1991 Roslindale Bomb explosion. Alfred is now pursuing a habeas corpus claim in Federal Court, and has learned that the ATF had destroyed the evidence that we believe had DNA in it. This past week, Alfred Trenkler was transferred to the Federal Prison in Devens, Mass after being out-of-sight, out-of-mind for 15 years in prison in Pennsylvania. A copy of the manuscript for the book, "Perfectly Innocent" has been sent to U.S. Attorney Michael J. Sullivan and to his predecessors who prosecuted the Roslindale Bomb case, but none has responded with any comments, corrections or criticisms. Without corrections of errors, the book's conclusion of wrongful conviction stands. Mr. Sullivan was asked to investigate the Roslindale case and see for himself how two wrongful convictions occurred. Quoted in that request was Suffolk County Dan Conley's powerful statement about prosecutors and justice: "I believe that the act of freeing one innocent person wrongly imprisoned is profoundly more important than all the criminals we arrest, prosecute, and convict." Not only are Alfred Trenkler and Tom Shay innocenct, but the real builder of the Roslindale Bomb is free. Also, Jeremiah Hurley's family and Francis Foley and his family, must continually be dragged through this tragic story because there can be no closure for them when innocent men have been wrongly convicted. Morrison Bonpasse
By morrisonbonpasse on 02/11/2008 at 9:10:21

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