was of a fourteen-year-old who was ultimately not indicted.
There were, early on, certain aspects of this case that seemed not well handled by the police and prosecutors, and others that seemed not well handled by the press. It would seem to have been tactically unwise, since New York State law requires that a parent or guardian be present when children under sixteen are questioned, for police to continue the interrogation of Yusef Salaam, then fifteen, on the grounds that his Transit Authority bus pass said he was sixteen, while his mother was kept waiting outside. It would seem to have been unwise for Linda Fairstein, the assistant district attorney in charge of Manhattan sex crimes, to ignore, at the precinct house, the mother’s assertion that the son was fifteen, and later to suggest, in court, that the boy’s age had been unclear to her because the mother had used the word “minor.”
It would also seem to have been unwise for Linda Fairstein to tell David Nocenti, the assistant U.S. Attorney who was paired with Yusef Salaam in a “Big Brother” program and who had come to the precinct house at the mother’s request, that he had “no legal standing” there and that she would file a complaint with his supervisors. It would seem in this volatile a case imprudent of the police to follow their normal procedure by presenting Raymond Santana’s initial statement in their own words, cop phrases that would predictably seem to some in the courtroom, as the expression of a fourteen-year-old held overnight and into the next afternoon for interrogation, unconvincing:
On April 19, 1989, at approximately 20:30 hours, I was at the Taft Projects in the vicinity of 113th St. and Madison Avenue. I was there with numerous friends…. At approximately 21:00 hours, we all (myself and approximately 15 others) walked south on Madison Avenue to E. 110th Street, then walked westbound to Fifth Avenue. At Fifth Avenue and 110th Street, we met up with an additional group of approximately 15 other males, who also entered Central Park with us at that location with the intent to rob cyclists and joggers…
In a case in which most of the defendants had made videotaped statements admitting at least some role in the assault and rape, this less than meticulous attitude toward the gathering and dissemination of information seemed peculiar and self-defeating, the kind of pressured or unthinking standard procedure that could not only exacerbate the fears and angers and suspicions of conspiracy shared by many blacks but open what seemed, on the basis of the confessions, a conclusive case to the kind of doubt that would eventually keep juries out, in the trial of the first three defendants, ten days, and, in the trial of the next two defendants, twelve days. One of the reasons the jury in the first trial could not agree, Manhattan Lawyer reported in its October 1990 issue, was that one juror, Ronald Gold, remained “deeply troubled by the discrepancies between the story [Antron] McCray tells on his videotaped statement and the prosecution’s scenario”:
Why did McCray place the rape at the reservoir, Gold demanded, when all evidence indicated it happened at the 102nd Street crossdrive? Why did McCray say the jogger was raped where she fell, when the prosecution said she’d been dragged 300 feet into the woods first? Why did McCray talk about having to hold her arms down, if she was found bound and gagged?
The debate raged for the last two days, with jurors dropping in and out of Gold’s acquittal [for McCray] camp….
After the jurors watched McCray’s video for the fifth time, Miranda [Rafael Miranda, another juror] knew it well enough to cite the time-code numbers imprinted at the bottom of the videotape as her rebuffed Gold’s arguments with specific statements from McCray’s own lips. [McCray, on the videotape, after admitting that he had held the victim by her left arm as her clothes were pulled off, volunteered that he had “got on
There were, early on, certain aspects of this case that seemed not well handled by the police and prosecutors, and others that seemed not well handled by the press. It would seem to have been tactically unwise, since New York State law requires that a parent or guardian be present when children under sixteen are questioned, for police to continue the interrogation of Yusef Salaam, then fifteen, on the grounds that his Transit Authority bus pass said he was sixteen, while his mother was kept waiting outside. It would seem to have been unwise for Linda Fairstein, the assistant district attorney in charge of Manhattan sex crimes, to ignore, at the precinct house, the mother’s assertion that the son was fifteen, and later to suggest, in court, that the boy’s age had been unclear to her because the mother had used the word “minor.”
It would also seem to have been unwise for Linda Fairstein to tell David Nocenti, the assistant U.S. Attorney who was paired with Yusef Salaam in a “Big Brother” program and who had come to the precinct house at the mother’s request, that he had “no legal standing” there and that she would file a complaint with his supervisors. It would seem in this volatile a case imprudent of the police to follow their normal procedure by presenting Raymond Santana’s initial statement in their own words, cop phrases that would predictably seem to some in the courtroom, as the expression of a fourteen-year-old held overnight and into the next afternoon for interrogation, unconvincing:
On April 19, 1989, at approximately 20:30 hours, I was at the Taft Projects in the vicinity of 113th St. and Madison Avenue. I was there with numerous friends…. At approximately 21:00 hours, we all (myself and approximately 15 others) walked south on Madison Avenue to E. 110th Street, then walked westbound to Fifth Avenue. At Fifth Avenue and 110th Street, we met up with an additional group of approximately 15 other males, who also entered Central Park with us at that location with the intent to rob cyclists and joggers…
In a case in which most of the defendants had made videotaped statements admitting at least some role in the assault and rape, this less than meticulous attitude toward the gathering and dissemination of information seemed peculiar and self-defeating, the kind of pressured or unthinking standard procedure that could not only exacerbate the fears and angers and suspicions of conspiracy shared by many blacks but open what seemed, on the basis of the confessions, a conclusive case to the kind of doubt that would eventually keep juries out, in the trial of the first three defendants, ten days, and, in the trial of the next two defendants, twelve days. One of the reasons the jury in the first trial could not agree, Manhattan Lawyer reported in its October 1990 issue, was that one juror, Ronald Gold, remained “deeply troubled by the discrepancies between the story [Antron] McCray tells on his videotaped statement and the prosecution’s scenario”:
Why did McCray place the rape at the reservoir, Gold demanded, when all evidence indicated it happened at the 102nd Street crossdrive? Why did McCray say the jogger was raped where she fell, when the prosecution said she’d been dragged 300 feet into the woods first? Why did McCray talk about having to hold her arms down, if she was found bound and gagged?
The debate raged for the last two days, with jurors dropping in and out of Gold’s acquittal [for McCray] camp….
After the jurors watched McCray’s video for the fifth time, Miranda [Rafael Miranda, another juror] knew it well enough to cite the time-code numbers imprinted at the bottom of the videotape as her rebuffed Gold’s arguments with specific statements from McCray’s own lips. [McCray, on the videotape, after admitting that he had held the victim by her left arm as her clothes were pulled off, volunteered that he had “got on
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