Appeal At The Federal Court
Three years later, Carter's attorneys filed a petition for a writ of habeas corpus in federal court. In 1985, Judge Haddon Lee Sarokin of the United States District Court for the District of New Jersey granted the writ, noting that the prosecution had been "predicated upon an appeal to racism rather than reason, and concealment rather than disclosure," and set aside the convictions.
Carter, 48 years old, was freed without bail in November 1985.
Prosecutors appealed Sarokin's ruling to the Third Circuit Court of Appeals and filed a motion with the court to return Carter to prison pending the outcome of the appeal. The court denied this motion and eventually upheld Sarokin's opinion, affirming his Brady analysis without commenting on his other rationale.
The prosecutors appealed to the United States Supreme Court, which declined to hear the case.
Prosecutors could have tried Carter (and Artis) a third time, but decided not to, and filed a motion to dismiss the original indictments. "It is just not legally feasible to sustain a prosecution, and not practical after almost 22 years to be trying anyone", said New Jersey Attorney General W. Cary Edwards. Acting Passaic County Prosecutor John P. Goceljak said several factors made a retrial impossible, including Bello's "current unreliability" as a witness and the unavailability of other witnesses. Goceljak also doubted whether the prosecution could reintroduce the racially motivated crime theory due to the federal court rulings. A judge granted the motion to dismiss, bringing an end to the legal proceedings.
Read more about this topic: Rubin Carter
Famous quotes containing the words appeal, federal and/or court:
“The appeal of the New Right is simply that it seems to promise that nothing will change in the domestic realm. People are terrified of change there, because it’s the last humanizing force left in society, and they think, correctly, that it must be retained.”
—Gerda Lerner (b. 1920)
“Newsmen believe that news is a tacitly acknowledged fourth branch of the federal system. This is why most news about government sounds as if it were federally mandated—serious, bulky and blandly worthwhile, like a high-fiber diet set in type.”
—P.J. (Patrick Jake)
“Betray, kind husband, Thy spouse to our sights,
And let mine amorous soul court Thy mild Dove,
Who is most true and pleasing to Thee then
When she is embraced and open to most men.”
—John Donne (1572–1631)