UPDATE: Glenn Ford was indeed released from prison late Tuesday afternoon local time. The same judge who denied him relief in 2009 was the one who signed the order authorizing his release.
ORIGINAL STORY: Glenn Ford, a black man wrongfully convicted of murder by an all-white jury in Louisiana in 1984, a man who has spent the last 30 years on death row for a crime he did not commit following a trial filled with constitutional violations, is on the verge of being set free. Once that happens (and it could happen as soon as tomorrow after a hearing in the case) he will become one of the longest-serving death row inmates in modern American history to be exonerated and released.
Ford's dogged lawyers and enlightened parish prosecutors in Shreveport both filed motions late last week informing a state trial judge that the time has come now to vacate Ford's murder conviction and death sentence. Why? Because prosecutors now say that they learned, late last year, of "credible evidence" that Ford "was neither present at, nor a participant in, the robbery and murder" of the victim in his case, a man named Isadore Rozeman.
Prosecutors believe the recent account of a confidential informant who claims that one of other four original co-defendants in the case, arrested long ago along with Ford, was actually the person who shot and killed Rozeman. This is not news to Ford. For three decades, stuck in inhumane conditions on death row in the state's notorious Angola prison, he has insisted that he had nothing to do with the murder and that he was involved in the case only after the fact.
Any exoneration is remarkable, of course. Any act of justice after decades of injustice is laudable. It is never too late to put to right a wrong. But what also is striking about this case is how weak it always was, how frequently Ford's constitutional rights were denied, and yet how determined Louisiana's judges were over decades to defend an indefensible result.
Isadore Rozeman, an elderly white man with cataracts, a man fearful of crime in his neighborhood, was murdered in his small jewelry and watch repair shop in Shreveport on November 5, 1983. Ford had done yard work for Rozeman and several witnesses placed him near the scene of the crime on the day of the murder. When he learned that the police were looking for him he went to the police station where, for days, for months, he cooperated with the investigation.
Ford told the police, for example, that a man he identified as "O.B." had given him jewelry hoping that he, Ford, could pawn it. The police would later discover that this jewelry was similar to merchandise taken from Rozeman's store. Ford identified one possible suspect in Rozeman's murder, a man named Jake Robinson, and later suggested that "O.B." was Robinson's brother, Henry, who also may also have been up to no good.
With all signs pointing to the Robinsons, and with police under the impression that the one or both of the brothers still possessed the murder weapon, Ford was not immediately charged with Rozeman's murder. He and the two Robinsons were instead charged three months later—only after Jake Robinson's girlfriend, Marvella Brown, incriminated them by telling the police that Ford was with the Robinsons, and in the possession of a firearm, on the day of Rozeman's murder.
Louisiana also relied on "experts" to build its case. The first, the parish coroner who had not personally examined Rozeman's body, testified about the time of death and the fact that the shooter was left-handed. The second expert found a few particles unique to or characteristic of gunshot residue on Ford's hands. The third, a police officer not certified as a fingerprint expert, concluded that a "whorl" pattern on Ford's fingers was consistent with a single partial fingerprint lifted from a bag the police believed was used in the murder.
There was no murder weapon found. There were no eyewitnesses to the crime. There were legitimate reasons why Ford would have been around Rozeman's store. The primary witness against Ford was a person, Brown, whose credibility and reliability were immediately challenged. Expert opinions were not definitive. The police had reason to believe that one of the Robinsons had killed Rozeman. And most of all Ford had not acted suspiciously in any way.
Ford's murder trial was constitutionally flawed in almost every way. The two attorneys he was assigned were utterly unprepared for the job. The lead attorney was an oil and gas attorney who have never tried a case—criminal or civil—to a jury. The second attorney, two years out of law school, was working at an insurance defense firm on slip-and-fall cases. Both attorneys were selected from an alphabetical listing of lawyers at the local bar association.
During jury selection, prosecutors used their peremptory strikes to keep blacks off the jury. The reasons they gave for precluding these men and women from sitting in judgment of Ford were insulting and absurd. And leading up to and during the trial Louisiana did not share with the defense all evidence favorable to it as they were required to do under the United States Supreme Court's constitutional command in Brady v. Maryland.