The Sing Sing Files

1. The System Isn't Built to Get People Out, But to Keep Them In

The system, as I have discovered, isn’t built to get people out. It’s built to keep them in—even when, as I will illustrate, there is clear evidence that they don’t belong there.

Inherent Bias. The American criminal justice system, despite its ideals, often operates with a bias towards maintaining convictions rather than seeking truth. Once someone is incarcerated, the system's inertia makes it incredibly difficult to overturn a verdict, even with compelling evidence of innocence. This is due to a combination of factors, including:

• Procedural hurdles
• Reluctance to admit mistakes
• The sheer volume of cases

Burden of Proof. The burden of proof is heavily weighted against the incarcerated. Even with new evidence, the system often requires an extraordinary level of proof to overturn a conviction, making it an uphill battle for those who are wrongfully imprisoned. This is compounded by the fact that prosecutors have vast resources at their disposal, while the accused often rely on overworked and underfunded public defenders.

Systemic Issues. The system is designed to prioritize efficiency and finality over accuracy and fairness. This leads to a culture where wrongful convictions are often overlooked or dismissed, even when there is clear evidence of innocence. The system is not designed to be self-correcting, and it often requires outside pressure to force a re-examination of cases.

2. Proximity Reveals the Inhumanity of the Justice System

Proximity has taught me one overwhelming truth: we have an undeniable crisis on our hands.

Firsthand Experience. The author's extensive time spent with law enforcement, incarcerated individuals, and corrections officers has provided a unique perspective on the realities of the justice system. This proximity has revealed the system's inherent flaws and the devastating impact it has on individuals and families.

Dehumanizing Effects. The author witnessed firsthand the dehumanizing effects of incarceration, including:

• The loss of personal identity
• The constant fear and anxiety
• The breakdown of family relationships

Systemic Cruelty. The author's proximity to the system has revealed its inherent cruelty and irrationality, particularly in how it handles wrongful convictions. The system often treats individuals as numbers rather than human beings, leading to a lack of empathy and a disregard for the devastating consequences of false imprisonment.

3. Truth and Justice Are Not Always the Same

Over time, what I learned is that there are myriad ways in which the system seems designed to easily imprison the innocent, and then keep them locked up despite clear evidence proving they’re not guilty of the crime for which they were convicted.

Flawed Processes. The pursuit of truth and justice is often undermined by flawed processes within the criminal justice system. These flaws include:

• Eyewitness misidentification
• False confessions
• Prosecutorial misconduct
• Inadequate legal representation

Systemic Failures. The system is not designed to prioritize truth-seeking, but rather to secure convictions. This leads to a culture where evidence of innocence is often ignored or dismissed, and where the focus is on maintaining the status quo rather than correcting mistakes.

Subjectivity and Bias. The author's experience has shown that the system is not as objective as it claims to be. Subjectivity and bias play a significant role in how cases are handled, often leading to unjust outcomes. This is particularly true in cases involving marginalized communities.

4. Eyewitness Testimony is Flawed and Easily Manipulated

Racism and corruption are part of it, absolutely. But I’ve come to understand other insidious ways in which wrongful convictions happen—whether through eyewitness misidentification, a false confession, prosecutorial misconduct, or bad lawyering.

Unreliable Memory. Eyewitness testimony, often considered a cornerstone of criminal cases, is highly unreliable. Memory is fallible and can be easily influenced by suggestion, stress, and the passage of time. This is especially true in cross-racial identifications.

Suggestive Procedures. Police procedures, such as photo arrays and lineups, can be highly suggestive and can lead to misidentifications. The way these procedures are conducted can inadvertently influence witnesses to pick out a particular suspect, even if they are not the actual perpetrator.

Confirmation Bias. Once a witness has made an identification, they are often more likely to stick with that identification, even if they have doubts. This is due to confirmation bias, which is the tendency to seek out information that confirms existing beliefs and to ignore information that contradicts them.

5. The Power of a Single Voice Can Challenge the System

Looking back on meeting those boys and their grandmother that Thanksgiving morning, it would have been impossible to imagine the impact those few minutes would have on my life, both professionally and personally, and the way in which my relationship with JJ would come to touch countless other lives as well.

Individual Impact. The author's journey began with a single encounter with a desperate mother and her grandsons in a prison lobby. This encounter sparked a chain of events that would lead to the investigation of multiple wrongful convictions and a challenge to the system.

Moral Obligation. The author's experience demonstrates the power of a single voice to challenge injustice. By refusing to accept the status quo and by using his platform to amplify the voices of the wrongfully convicted, the author has been able to make a significant impact.

Ripple Effect. The author's work has had a ripple effect, inspiring others to take action and to fight for justice. This demonstrates the power of individual action to create systemic change.

6. The System Often Protects Itself Over Justice

My experience tells me that even when some prosecutors are presented with irrefutable proof of innocence, the default is resistance as opposed to curiosity or concern.

Institutional Resistance. The author's investigations have revealed a disturbing pattern of resistance from prosecutors and law enforcement officials when presented with evidence of wrongful convictions. This resistance is often rooted in a desire to protect the system's reputation and to avoid admitting mistakes.

Lack of Accountability. There is a lack of accountability within the system, which allows prosecutors and police officers to act with impunity. Even when there is clear evidence of misconduct, it is rare for those responsible to be held accountable.

Self-Preservation. The system often prioritizes self-preservation over justice. This leads to a culture where the focus is on maintaining convictions rather than seeking the truth, even when it means keeping innocent people behind bars.

7. Innocence is Not Enough; You Need a Champion

As JJ and the other men fought for their freedom, I saw careers upended, relationships destroyed, and my own faith tested.

Active Advocacy. Innocence alone is not enough to secure freedom. The wrongfully convicted often need a champion—someone who is willing to fight for them, to amplify their voices, and to challenge the system.

Personal Sacrifice. The author's journey has demonstrated the personal sacrifices that are often required to fight for justice. This includes:

• Time
• Resources
• Emotional toll
• Professional risks

Unwavering Commitment. The fight for justice requires an unwavering commitment to the truth and a willingness to challenge the status quo. It is a long and arduous process that often requires years of dedication and perseverance.

8. The Cycle of Incarceration is a Generational Tragedy

As tragic as these injustices are for innocent people in prison, they have a cascading generational impact on those around them and on society that is hard to measure.

Family Impact. Wrongful convictions have a devastating impact on families, particularly children. The absence of a parent can lead to:

• Emotional trauma
• Financial hardship
• Increased risk of future incarceration

Intergenerational Trauma. The cycle of incarceration can perpetuate itself across generations, creating a cycle of poverty, violence, and injustice. Children of incarcerated parents are more likely to experience trauma, which can lead to behavioral problems and increased risk of future involvement with the criminal justice system.

Societal Costs. The societal costs of wrongful convictions are enormous, including:

• The loss of human potential
• The erosion of trust in the justice system
• The perpetuation of inequality

9. Hope and Resilience Can Thrive Even in the Darkest Places

I’ve come to see the inhumanity and irrationality of that system, and how its worst aspects are revealed by the way it handles wrongful convictions.

Human Spirit. Despite the dehumanizing conditions of prison, the author has witnessed the resilience of the human spirit. Incarcerated individuals often find ways to maintain hope, to connect with others, and to fight for their freedom.

Transformative Power. The author's experience has shown that even in the darkest places, there is the potential for transformation. Incarcerated individuals can use their experiences to learn, to grow, and to become advocates for change.

Community and Connection. The author has also witnessed the power of community and connection in prison. Incarcerated individuals often form strong bonds with one another, providing support and encouragement in the face of adversity.

10. The Fight for Justice Requires Relentless Persistence

Investigating a claim of innocence is slow and beyond onerous. That’s one reason the news media doesn’t report on the full scope of the problem.

Long and Arduous Process. The fight for justice is a long and arduous process that often requires years of dedication and perseverance. It is not a sprint, but a marathon that requires unwavering commitment and a willingness to overcome obstacles.

Overcoming Obstacles. The author's journey has been filled with obstacles, including:

• Resistance from the system
• Lack of resources
• Emotional toll

Unwavering Dedication. Despite these challenges, the author has remained committed to the fight for justice, demonstrating the importance of relentless persistence in the face of adversity. The author's work serves as an inspiration to others to never give up on the pursuit of truth and justice.

Last updated: February 3, 2025