Report faults York County Prison in immigrant prisoner's 2013 suicide




Despite repeatedly placing her on suicide watch, the York County (Pa.) Prison failed to properly monitor an Antiguan immigrant with chronic schizophrenia who managed to hang herself in her cell 15 months ago, according to federal investigators.

The review – obtained last week by The Inquirer – also points to the shared responsibility of U.S. Immigration and Customs Enforcement in managing care for Tiombe Kimana Carlos.

It states that just days before Carlos’ death in October 2013 – and two months after the 34-year-old had made another bid to hang herself in a cell – a deputy prison warden had asked ICE to consider placing her in a psychiatric facility. The local ICE office said an appropriate alternative to incarceration was unavailable.

The review by ICE’s offices of professional responsibility and detention oversight also found multiple deficiencies in her care and in prison operations.















Though it stopped short of assigning blame for her death and takes no position on whether the suicide was preventable, the 32-page report paints a picture of a seriously disturbed woman whose transfers among prison units were supposed to be guided by “a psychiatric alert, requiring clearance by medical staff … but none was ever generated.”

Under an intergovernmental services agreement, the 2,500-inmate county prison in south central Pennsylvania houses immigrant detainees arrested by the Philadelphia-area field office of ICE.

Carlos’ detention and death were chronicled by The Inquirer in November 2013. The ICE review into her death was completed last summer, but ICE only released it last week to The Inquirer after the newspaper sought comment for an article about the probe’s delay.

Carlos’ immigration lawyer, Thomas Griffin of Philadelphia, said he was unaware of the findings until shown them by The Inquirer. He said the report shows that officials knew the severity of his client’s mental illness and did not address it adequately.

“They admit that professional treatment was nothing more than a regular injection of [the psychotropic drug] Haldol to keep her mummified,” Griffin said. “It’s inexcusable that it had to end with her death, rather than release to … psychiatric care.”

Among the report’s findings:

Five times from 2011 through 2013, Carlos was put on suicide watch.

Despite getting biweekly injections of Haldol, she never had a treatment plan “with measurable goals … to guide mental health interventions.”

When Carlos acted out, guards soaked her with pepper spray. After an episode in 2012, she did not get routine follow-up at the infirmary for chemical decontamination and was told to wash with plain water from her cell’s tap – a weak remedy, according to spray manufacturers.

In 2011, a guard zapped Carlos’ left inner thigh with an electronic stun gun, leaving a mark, even though ICE’s contract with York “prohibits the use of electronic devices on immigrant detainees.” A note in the file says the guard “was unaware” she was an ICE detainee.

“Tiombe was sick, but she wasn’t stupid,” said Griffin. “Suicide was her way out of hopelessness.”

When ICE investigators examined the cell block where Carlos killed herself, they observed three regular cells and three suicide-prevention cells.

The report appears to indicate that Carlos was in a regular cell. Investigators noted that a window with two horizontal bars is at the back of each regular cell, with Plexiglas panels over the windows and bars to prevent attaching anything there. Further investigation revealed that the panels were installed about one month after Carlos killed herself.

While the report’s authors documented the deficiencies, they took pains to say they were for “information only” and “should not be construed in any way as meaning the deficiency contributed to the death of the detainee.”

The next step is for ICE’s Office of Detention Oversight to work with the field office and the prison on a “corrective action plan,” said an ICE spokeswoman, who did not elaborate.

Carl Lindquist, a spokesman for York County, declined to comment regarding Carlos but said all suicides are investigated.

“In addition to any external review that may be conducted,” he said, “the prison … conducts an internal review. … Any deficiencies identified are corrected.”

Of nearly 140,000 inmates and detainees held at the prison since January 2008, he said, five have committed suicide.

The federal review also notes that ICE had been trying since July 2012 to obtain travel documents from the consulate of Antigua and Barbuda to carry out Carlos’ removal from the United States. In an interview after the suicide, a consular official said Carlos’ mental illness, and ongoing litigation, were reasons not to issue the document.

Investigators visited the prison from Dec. 10 through 12, 2013, and delivered their report to ICE top management in July.

It noted that Carlos was born in the Caribbean nation in 1978, and was 4 when her family moved to New York City as legal permanent residents of the United States. She was 14 the first time her schizophrenia was diagnosed. She was 30 when her green card was revoked for petty crimes, probation violations, and hitting a police officer who arrested her after a bar brawl. She was a month from her 35th birthday when she died.

Survivors include her mother, father, sister, brother, and 16-year-old daughter.

For the Carlos family, represented by attorney Jonathan Feinberg of Kairys, Rudovsky, Messing & Feinberg, a civil rights firm in Philadelphia, the official silence after ICE’s public promise 15 months ago to investigate left an impression the case was languishing. On June 20, Feinberg filed a Freedom of Information Act request and has yet to get a reply.

“The report appears to show some serious deficiencies,” Feinberg said after reviewing The Inquirer’s copy. “We are continuing to investigate the circumstances that led to Tiombe’s death and will decide whether to proceed with litigation soon.”

Last November, on what would have been Carlos’ 36th birthday, members of her family brought flowers to her grave at Merion Memorial Park in Bala Cynwyd.

Then they made a down payment on her headstone.

 


mmatza@phillynews.com

215-854-2541 @MichaelMatza1

 







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Report faults York County Prison in immigrant prisoner's 2013 suicide




Despite repeatedly placing her on suicide watch, the York County (Pa.) Prison failed to properly monitor an Antiguan immigrant with chronic schizophrenia who managed to hang herself in her cell 15 months ago, according to federal investigators.

The review – obtained last week by The Inquirer – also points to the shared responsibility of U.S. Immigration and Customs Enforcement in managing care for Tiombe Kimana Carlos.

It states that just days before Carlos’ death in October 2013 – and two months after the 34-year-old had made another bid to hang herself in a cell – a deputy prison warden had asked ICE to consider placing her in a psychiatric facility. The local ICE office said an appropriate alternative to incarceration was unavailable.

The review by ICE’s offices of professional responsibility and detention oversight also found multiple deficiencies in her care and in prison operations.















Though it stopped short of assigning blame for her death and takes no position on whether the suicide was preventable, the 32-page report paints a picture of a seriously disturbed woman whose transfers among prison units were supposed to be guided by “a psychiatric alert, requiring clearance by medical staff … but none was ever generated.”

Under an intergovernmental services agreement, the 2,500-inmate county prison in south central Pennsylvania houses immigrant detainees arrested by the Philadelphia-area field office of ICE.

Carlos’ detention and death were chronicled by The Inquirer in November 2013. The ICE review into her death was completed last summer, but ICE only released it last week to The Inquirer after the newspaper sought comment for an article about the probe’s delay.

Carlos’ immigration lawyer, Thomas Griffin of Philadelphia, said he was unaware of the findings until shown them by The Inquirer. He said the report shows that officials knew the severity of his client’s mental illness and did not address it adequately.

“They admit that professional treatment was nothing more than a regular injection of [the psychotropic drug] Haldol to keep her mummified,” Griffin said. “It’s inexcusable that it had to end with her death, rather than release to … psychiatric care.”

Among the report’s findings:

Five times from 2011 through 2013, Carlos was put on suicide watch.

Despite getting biweekly injections of Haldol, she never had a treatment plan “with measurable goals … to guide mental health interventions.”

When Carlos acted out, guards soaked her with pepper spray. After an episode in 2012, she did not get routine follow-up at the infirmary for chemical decontamination and was told to wash with plain water from her cell’s tap – a weak remedy, according to spray manufacturers.

In 2011, a guard zapped Carlos’ left inner thigh with an electronic stun gun, leaving a mark, even though ICE’s contract with York “prohibits the use of electronic devices on immigrant detainees.” A note in the file says the guard “was unaware” she was an ICE detainee.

“Tiombe was sick, but she wasn’t stupid,” said Griffin. “Suicide was her way out of hopelessness.”

When ICE investigators examined the cell block where Carlos killed herself, they observed three regular cells and three suicide-prevention cells.

The report appears to indicate that Carlos was in a regular cell. Investigators noted that a window with two horizontal bars is at the back of each regular cell, with Plexiglas panels over the windows and bars to prevent attaching anything there. Further investigation revealed that the panels were installed about one month after Carlos killed herself.

While the report’s authors documented the deficiencies, they took pains to say they were for “information only” and “should not be construed in any way as meaning the deficiency contributed to the death of the detainee.”

The next step is for ICE’s Office of Detention Oversight to work with the field office and the prison on a “corrective action plan,” said an ICE spokeswoman, who did not elaborate.

Carl Lindquist, a spokesman for York County, declined to comment regarding Carlos but said all suicides are investigated.

“In addition to any external review that may be conducted,” he said, “the prison … conducts an internal review. … Any deficiencies identified are corrected.”

Of nearly 140,000 inmates and detainees held at the prison since January 2008, he said, five have committed suicide.

The federal review also notes that ICE had been trying since July 2012 to obtain travel documents from the consulate of Antigua and Barbuda to carry out Carlos’ removal from the United States. In an interview after the suicide, a consular official said Carlos’ mental illness, and ongoing litigation, were reasons not to issue the document.

Investigators visited the prison from Dec. 10 through 12, 2013, and delivered their report to ICE top management in July.

It noted that Carlos was born in the Caribbean nation in 1978, and was 4 when her family moved to New York City as legal permanent residents of the United States. She was 14 the first time her schizophrenia was diagnosed. She was 30 when her green card was revoked for petty crimes, probation violations, and hitting a police officer who arrested her after a bar brawl. She was a month from her 35th birthday when she died.

Survivors include her mother, father, sister, brother, and 16-year-old daughter.

For the Carlos family, represented by attorney Jonathan Feinberg of Kairys, Rudovsky, Messing & Feinberg, a civil rights firm in Philadelphia, the official silence after ICE’s public promise 15 months ago to investigate left an impression the case was languishing. On June 20, Feinberg filed a Freedom of Information Act request and has yet to get a reply.

“The report appears to show some serious deficiencies,” Feinberg said after reviewing The Inquirer’s copy. “We are continuing to investigate the circumstances that led to Tiombe’s death and will decide whether to proceed with litigation soon.”

Last November, on what would have been Carlos’ 36th birthday, members of her family brought flowers to her grave at Merion Memorial Park in Bala Cynwyd.

Then they made a down payment on her headstone.

 


mmatza@phillynews.com

215-854-2541 @MichaelMatza1

 







Source Article from http://www.philly.com/inquirer/front_page/20150203_Report_faults_York_County_Prison_in_immigrant_prisoner_s_2013_suicide.html
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Leading Immigration Attorney Kevin R. McNamara Joins Mintz Levin

BOSTON–(BUSINESS WIRE)–

Kevin R. McNamara, a leading immigration attorney, has joined the Immigration Practice of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Mr. McNamara will be based in the firm’s Boston office.

Prior to joining Mintz Levin, Mr. McNamara was a partner at McElroy, Deutsch, Mulvaney & Carpenter, LLP.

“Kevin has a well-earned reputation of being one of the finest immigration attorneys in Boston,” said Susan J. Cohen, Chair of Mintz Levin’s Immigration practice. “His experience working with some of the region’s premier universities and research institutions, as well as companies across a wide spectrum of industries, will be a great addition to the talented group of attorneys in our immigration practice. We are delighted to welcome Kevin to the firm.”

With 20-plus years of experience in immigration and nationality law, Mr. McNamara’s practice is focused on employment-based immigration matters. His clients range from major corporations and institutions to individuals, including scientists, technology professionals, academics, artists, athletes, and entrepreneurs. Mr. McNamara has served as immigration counsel to schools, universities, and research institutions as well as companies in the high-tech, pharmaceutical, biomedical, engineering, and financial services industries.

Mr. McNamara is a longtime member of the American Immigrations Lawyers Association, having served as the Chair of the AILA New England Chapter. He has been named an honorary Member of the Association of Fellows and Legal Scholars of the Center for International Legal Studies and a Massachusetts “Super Lawyer” in immigration.

For more information about Mintz Levin, please visit www.mintz.com.

Contact:
Mintz Levin
GINA ADDIS, (617) 348-4413
gaddis@mintz.com

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Immigration Street run shortened








Derby Road in SouthamptonFilming took place last year in the Bevois area of Southampton


Channel 4 has shortened its new TV series Immigration Street after filming was disrupted by local residents.

The station originally commissioned six episodes of the Benefits Street spin-off but now says the series will be “shorter than initially planned”.

Attempts to film on Southampton’s Derby Road last year were met with protests.

“While there were residents… who wanted to share their stories, other elements on the street were determined to hinder filming,” a spokesman said.

“Because of the disruption this caused, Immigration Street will now be shorter than the initially planned six episodes.”

The programme will be “transmitted in the next few weeks”, the spokesman confirmed.

“Despite objections from some local groups, immigration is too important an issue for debate about it to be silenced,” the station’s representative went on.


Derby Road in SouthamptonSome members of the production crew were egged during filming

The announcement followed a protest on Saturday that saw Southampton residents demonstrate outside Channel 4′s headquarters in London.

Derby Road residents have raised concerns that the show – produced for Channel 4, like the controversial Benefits Street, by independent outfit Love Productions – will stigmatise the area.

When it announced the series, Channel 4 said it would “capture life on a street in Southampton where the mix of residents has been transformed over time and continues to evolve as a result of immigration.

“Cameras will follow the lives of some of the residents of Derby Road in the Bevois district of the city… an ethnically diverse street where the majority of residents were not born in the UK.”

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Asians slower to seek immigration protection

LOS ANGELES (AP) — Asians have been slower to sign up for President Barack Obama’s reprieve for young immigrants in the country illegally, and community advocates are ramping up efforts to reach thousands more who are eligible for his expanded immigration plan.

Many advocates have blamed the paltry turnout among young Asian immigrants for the administration’s 2012 program on the stigma of being in the country illegally in their communities, where many feel lacking proper immigration papers is culturally shunned.

Now, advocates worry Obama’s new program for the parents of American citizens and legal residents will be an even tougher sell as older generations of Asian immigrants are already working and supporting their families and may be even more reluctant to reveal their immigration status to friends and neighbors, let alone the federal government.

“There is this model minority myth that Asians are supposed to be successful immigrants,” said Anoop Prasad, senior staff attorney at Asian Law Caucus in San Francisco. “What does it say about you if you say: ‘Actually, I am having a lot of problems. I am not making it like everyone else in America thinks we should be?’”

Roughly 5 million immigrants are expected to qualify for Obama’s plans to give work permits and temporary protection from deportation to the parents of U.S. citizens and legal residents and many immigrants brought to the country illegally as children. While most applicants are expected to be Hispanic, nearly half a million of those who qualify are Asian, according to the Washington-based Pew Research Center.

But Asian immigrants have been less apt to apply for the government’s 2012 immigration program than their Latin American counterparts. As of last year, more than 60 percent of eligible Mexicans and Hondurans had signed up for the program, but only about a quarter of eligible Koreans and Filipinos had done so, according to the Migration Policy Institute in Washington.

Knowing the challenges, Asian community advocates have ramped up efforts to reach immigrants and to do so in a private, more personal way.

On a Chinese-language flier for a recent workshop, advocates stressed one-on-one consultations would be offered in a bid to draw immigrants who may not want to disclose their immigration status in a room full of strangers.

Translation is being offered in a spate of languages to cater to elders who probably speak less English than their American-raised children. And instead of using the Internet to reach applicants, community organizations are turning to ethnic newspapers.

“Asian youth tend to go more toward social media and Facebook. We’re actually trying to see if we can get more ads in the paper,” said Tiffany Panlilio, a legal advocate at Asian Americans Advancing Justice in Los Angeles.

But even with these efforts, some experts question whether more Asians will come forward and apply.

Tom Wong, a professor of political science at University of California, San Diego, said Asian immigrants may not fear as acutely the threat of deportation since the most of the people who are deported are Hispanic.

“It may be the case the incentive structure does not favor Asian undocumented immigrants when it comes to applying for these temporary programs,” he said.

Wong also said older immigrants who already have jobs may be less likely to seek temporary work authorization, especially if they are already working under a false name or Social Security number, fearing they could get in trouble with their employer.

Young Asians who applied for Obama’s 2012 reprieve said they were well aware of the generational divide.

Do Hee Lee, a 21-year-old college student in Maryland, said her Korean parents were nervous about her signing up for the program, but the alternative was worse: going to college in Korea and being separated from her family for years.

Seth Ronquillo, a 22-year-old community health advocate in California, said he felt he had nothing to lose when he applied since he had virtually no hope of putting his college degree to use upon graduation because of his immigration status.

His mother, however, was another story. Ronquillo said she sometimes still questions whether he could be at greater risk for deportation since outing himself to the government, especially if Obama’s successor takes a tougher stance on illegal immigration.

“I can only imagine other immigrant parents have the same mentality,” Ronquillo said.

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Immigrant students rally for in-state tuition

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Prosecutors toss immigrant's burglary conviction

Michael Waithe, 52, says it's a 'new dawn' after being exonerated of his wrongful conviction of burglary by a woman who accused him of breaking into her apartment in 1986.Kevin C. Downs/for New York Daily News Michael Waithe, 52, says it’s a ‘new dawn’ after being exonerated of his wrongful conviction of burglary by a woman who accused him of breaking into her apartment in 1986.


An
immigrant who was falsely convicted and then threatened with deportation left a Brooklyn courtroom an innocent man Thursday after prosecutors tossed his conviction for a bogus burglary.


“New dawn. New day. New beginning for me,” Michael Waithe, 52, said with a smile after his emotional exoneration.


A woman named Delores Taylor, now 69, accused him of breaking into her Brooklyn apartment in 1986, but admitted to investigators last week she had fabricated the whole thing.


“She told us in a personal interview that no burglary has ever been committed,” said assistant attorney Mark Hale of the conviction review unit. “She did not like him and thought he was responsible for the theft of her automobile.”


Supreme Court justice Neil Firetog then moved to vacate the conviction and throw out the indictment.

Michael Waithe (center), his son Myles Waithe (right-center), his fiance Karen Garrick (left), his sister Cheryl Waithe (far-left) and lawyer Matthew Smalls pictured together after Waithe's wrongful conviction was tossed out.Kevin C. Downs/for New York Daily News Michael Waithe (center), his son Myles Waithe (right-center), his fiance Karen Garrick (left), his sister Cheryl Waithe (far-left) and lawyer Matthew Smalls pictured together after Waithe’s wrongful conviction was tossed out.


Prosecution sources said Taylor would have gotten into trouble for her lie if not for the five-year statute of limitations on perjury that has long passed. Reached by phone in her Georgia home, the woman told the Daily News, “I’m not talking to nobody” and hung up.


“That’s her own cross to bear,” Waithe said when asked about his feelings towards Taylor.


The father-of-four, who works as a union organizer, did a year and a half in prison after a jury convicted him in 1987.


“I’m telling myself, ‘This is a dream and I’m going to wake up,’” he recalled of the long nights behind bars.


When he returned from his native Barbados in 2011, immigration officials who scrutinized his green card flagged him for deportation because of the old felony and he’s been fighting the removal order in court.


With a June deadline looming, Waithe wrote a wrenching letter to the office of Brooklyn DA Kenneth Thompson, who had previously cleared 11 men of murder, asking that they look at his case.


A review showed there was hardly any evidence a burglary took place to begin with and Taylor’s account wasn’t supported by any physical evidence.


“This hardworking and innocent man came to our country for a better life and ended up being framed and went to prison for a crime that he didn’t commit,” Thompson said in a statement Thursday. “Wrongful convictions lead not only to wrongful imprisonment but also can impact a person’s job, housing or immigration status.”


Waithe’s and his lawyer Matthew Smalls profusely thanked the DA.


The joy was compounded by Waithe’s plans to marry fiance Karen Garrick next week.


She can now focus her worries on the reception, Garrick said. She was asked about the fear of her soon-to-be husband being forced to move back to a Caribbean island.


“With the winter we’ve had, I don’t mind,” she joked.


Then the family left court and went back to their home, which will remain here in America.

oyaniv@nydailynews.com

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Prosecutors toss immigrant's burglary conviction

Michael Waithe, 52, says it's a 'new dawn' after being exonerated of his wrongful conviction of burglary by a woman who accused him of breaking into her apartment in 1986.Kevin C. Downs/for New York Daily News Michael Waithe, 52, says it’s a ‘new dawn’ after being exonerated of his wrongful conviction of burglary by a woman who accused him of breaking into her apartment in 1986.


An
immigrant who was falsely convicted and then threatened with deportation left a Brooklyn courtroom an innocent man Thursday after prosecutors tossed his conviction for a bogus burglary.


“New dawn. New day. New beginning for me,” Michael Waithe, 52, said with a smile after his emotional exoneration.


A woman named Delores Taylor, now 69, accused him of breaking into her Brooklyn apartment in 1986, but admitted to investigators last week she had fabricated the whole thing.


“She told us in a personal interview that no burglary has ever been committed,” said assistant attorney Mark Hale of the conviction review unit. “She did not like him and thought he was responsible for the theft of her automobile.”


Supreme Court justice Neil Firetog then moved to vacate the conviction and throw out the indictment.

Michael Waithe (center), his son Myles Waithe (right-center), his fiance Karen Garrick (left), his sister Cheryl Waithe (far-left) and lawyer Matthew Smalls pictured together after Waithe's wrongful conviction was tossed out.Kevin C. Downs/for New York Daily News Michael Waithe (center), his son Myles Waithe (right-center), his fiance Karen Garrick (left), his sister Cheryl Waithe (far-left) and lawyer Matthew Smalls pictured together after Waithe’s wrongful conviction was tossed out.


Prosecution sources said Taylor would have gotten into trouble for her lie if not for the five-year statute of limitations on perjury that has long passed. Reached by phone in her Georgia home, the woman told the Daily News, “I’m not talking to nobody” and hung up.


“That’s her own cross to bear,” Waithe said when asked about his feelings towards Taylor.


The father-of-four, who works as a union organizer, did a year and a half in prison after a jury convicted him in 1987.


“I’m telling myself, ‘This is a dream and I’m going to wake up,’” he recalled of the long nights behind bars.


When he returned from his native Barbados in 2011, immigration officials who scrutinized his green card flagged him for deportation because of the old felony and he’s been fighting the removal order in court.


With a June deadline looming, Waithe wrote a wrenching letter to the office of Brooklyn DA Kenneth Thompson, who had previously cleared 11 men of murder, asking that they look at his case.


A review showed there was hardly any evidence a burglary took place to begin with and Taylor’s account wasn’t supported by any physical evidence.


“This hardworking and innocent man came to our country for a better life and ended up being framed and went to prison for a crime that he didn’t commit,” Thompson said in a statement Thursday. “Wrongful convictions lead not only to wrongful imprisonment but also can impact a person’s job, housing or immigration status.”


Waithe’s and his lawyer Matthew Smalls profusely thanked the DA.


The joy was compounded by Waithe’s plans to marry fiance Karen Garrick next week.


She can now focus her worries on the reception, Garrick said. She was asked about the fear of her soon-to-be husband being forced to move back to a Caribbean island.


“With the winter we’ve had, I don’t mind,” she joked.


Then the family left court and went back to their home, which will remain here in America.

oyaniv@nydailynews.com

Source Article from http://www.nydailynews.com/new-york/nyc-crime/prosecutors-toss-immigrant-burglary-conviction-article-1.2097001
Prosecutors toss immigrant's burglary conviction
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Prosecutors toss immigrant's burglary conviction

Michael Waithe, 52, says it's a 'new dawn' after being exonerated of his wrongful conviction of burglary by a woman who accused him of breaking into her apartment in 1986.Kevin C. Downs/for New York Daily News Michael Waithe, 52, says it’s a ‘new dawn’ after being exonerated of his wrongful conviction of burglary by a woman who accused him of breaking into her apartment in 1986.


An
immigrant who was falsely convicted and then threatened with deportation left a Brooklyn courtroom an innocent man Thursday after prosecutors tossed his conviction for a bogus burglary.


“New dawn. New day. New beginning for me,” Michael Waithe, 52, said with a smile after his emotional exoneration.


A woman named Delores Taylor, now 69, accused him of breaking into her Brooklyn apartment in 1986, but admitted to investigators last week she had fabricated the whole thing.


“She told us in a personal interview that no burglary has ever been committed,” said assistant attorney Mark Hale of the conviction review unit. “She did not like him and thought he was responsible for the theft of her automobile.”


Supreme Court justice Neil Firetog then moved to vacate the conviction and throw out the indictment.

Michael Waithe (center), his son Myles Waithe (right-center), his fiance Karen Garrick (left), his sister Cheryl Waithe (far-left) and lawyer Matthew Smalls pictured together after Waithe's wrongful conviction was tossed out.Kevin C. Downs/for New York Daily News Michael Waithe (center), his son Myles Waithe (right-center), his fiance Karen Garrick (left), his sister Cheryl Waithe (far-left) and lawyer Matthew Smalls pictured together after Waithe’s wrongful conviction was tossed out.


Prosecution sources said Taylor would have gotten into trouble for her lie if not for the five-year statute of limitations on perjury that has long passed. Reached by phone in her Georgia home, the woman told the Daily News, “I’m not talking to nobody” and hung up.


“That’s her own cross to bear,” Waithe said when asked about his feelings towards Taylor.


The father-of-four, who works as a union organizer, did a year and a half in prison after a jury convicted him in 1987.


“I’m telling myself, ‘This is a dream and I’m going to wake up,’” he recalled of the long nights behind bars.


When he returned from his native Barbados in 2011, immigration officials who scrutinized his green card flagged him for deportation because of the old felony and he’s been fighting the removal order in court.


With a June deadline looming, Waithe wrote a wrenching letter to the office of Brooklyn DA Kenneth Thompson, who had previously cleared 11 men of murder, asking that they look at his case.


A review showed there was hardly any evidence a burglary took place to begin with and Taylor’s account wasn’t supported by any physical evidence.


“This hardworking and innocent man came to our country for a better life and ended up being framed and went to prison for a crime that he didn’t commit,” Thompson said in a statement Thursday. “Wrongful convictions lead not only to wrongful imprisonment but also can impact a person’s job, housing or immigration status.”


Waithe’s and his lawyer Matthew Smalls profusely thanked the DA.


The joy was compounded by Waithe’s plans to marry fiance Karen Garrick next week.


She can now focus her worries on the reception, Garrick said. She was asked about the fear of her soon-to-be husband being forced to move back to a Caribbean island.


“With the winter we’ve had, I don’t mind,” she joked.


Then the family left court and went back to their home, which will remain here in America.

oyaniv@nydailynews.com

Source Article from http://www.nydailynews.com/new-york/nyc-crime/prosecutors-toss-immigrant-burglary-conviction-article-1.2097001
Prosecutors toss immigrant's burglary conviction
http://www.nydailynews.com/new-york/nyc-crime/prosecutors-toss-immigrant-burglary-conviction-article-1.2097001
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Prosecutors toss immigrant's burglary conviction

Michael Waithe, 52, says it's a 'new dawn' after being exonerated of his wrongful conviction of burglary by a woman who accused him of breaking into her apartment in 1986.Kevin C. Downs/for New York Daily News Michael Waithe, 52, says it’s a ‘new dawn’ after being exonerated of his wrongful conviction of burglary by a woman who accused him of breaking into her apartment in 1986.


An
immigrant who was falsely convicted and then threatened with deportation left a Brooklyn courtroom an innocent man Thursday after prosecutors tossed his conviction for a bogus burglary.


“New dawn. New day. New beginning for me,” Michael Waithe, 52, said with a smile after his emotional exoneration.


A woman named Delores Taylor, now 69, accused him of breaking into her Brooklyn apartment in 1986, but admitted to investigators last week she had fabricated the whole thing.


“She told us in a personal interview that no burglary has ever been committed,” said assistant attorney Mark Hale of the conviction review unit. “She did not like him and thought he was responsible for the theft of her automobile.”


Supreme Court justice Neil Firetog then moved to vacate the conviction and throw out the indictment.

Michael Waithe (center), his son Myles Waithe (right-center), his fiance Karen Garrick (left), his sister Cheryl Waithe (far-left) and lawyer Matthew Smalls pictured together after Waithe's wrongful conviction was tossed out.Kevin C. Downs/for New York Daily News Michael Waithe (center), his son Myles Waithe (right-center), his fiance Karen Garrick (left), his sister Cheryl Waithe (far-left) and lawyer Matthew Smalls pictured together after Waithe’s wrongful conviction was tossed out.


Prosecution sources said Taylor would have gotten into trouble for her lie if not for the five-year statute of limitations on perjury that has long passed. Reached by phone in her Georgia home, the woman told the Daily News, “I’m not talking to nobody” and hung up.


“That’s her own cross to bear,” Waithe said when asked about his feelings towards Taylor.


The father-of-four, who works as a union organizer, did a year and a half in prison after a jury convicted him in 1987.


“I’m telling myself, ‘This is a dream and I’m going to wake up,’” he recalled of the long nights behind bars.


When he returned from his native Barbados in 2011, immigration officials who scrutinized his green card flagged him for deportation because of the old felony and he’s been fighting the removal order in court.


With a June deadline looming, Waithe wrote a wrenching letter to the office of Brooklyn DA Kenneth Thompson, who had previously cleared 11 men of murder, asking that they look at his case.


A review showed there was hardly any evidence a burglary took place to begin with and Taylor’s account wasn’t supported by any physical evidence.


“This hardworking and innocent man came to our country for a better life and ended up being framed and went to prison for a crime that he didn’t commit,” Thompson said in a statement Thursday. “Wrongful convictions lead not only to wrongful imprisonment but also can impact a person’s job, housing or immigration status.”


Waithe’s and his lawyer Matthew Smalls profusely thanked the DA.


The joy was compounded by Waithe’s plans to marry fiance Karen Garrick next week.


She can now focus her worries on the reception, Garrick said. She was asked about the fear of her soon-to-be husband being forced to move back to a Caribbean island.


“With the winter we’ve had, I don’t mind,” she joked.


Then the family left court and went back to their home, which will remain here in America.

oyaniv@nydailynews.com

Source Article from http://www.nydailynews.com/new-york/nyc-crime/prosecutors-toss-immigrant-burglary-conviction-article-1.2097001
Prosecutors toss immigrant's burglary conviction
http://www.nydailynews.com/new-york/nyc-crime/prosecutors-toss-immigrant-burglary-conviction-article-1.2097001
http://news.search.yahoo.com/news/rss?p=immigrant
immigrant – Yahoo News Search Results
immigrant – Yahoo News Search Results