Editorial: Justice not denied, but certainly delayed

Sherman Townsend's 10 years are not all that was lost.

Last update: October 4, 2007 - 8:19 PM

Sherman Townsend walked out of Hennepin County jail this week after serving 10 years of a 20-year sentence for burglary, but it was not a time for celebration. Not for Townsend, who lost 10 years of freedom, and not for those of us who expect the criminal justice system to do better.

Townsend, 57, was convicted of first-degree burglary in 1998. Key to the conviction was the testimony of David Jones. Big problem: Neither the prosecutors nor Townsend's attorney were aware that Jones had criminal convictions in Illinois that could have been used to impeach his testimony.

The case finally unraveled in May, when Jones ran into Townsend in the food line at Moose Lake Correctional Facility and confessed to the very burglary of which Townsend had been convicted. That confession led Townsend to the Innocence Project, the organization that represents people it believes were wrongfully convicted of crimes.

In the wake of this week's decision, many questions remain. Did police thoroughly investigate the crime? Were prosecutors overzealous or sloppy? Did the attorney who represented Townsend at trial provide adequate representation?

Townsend is no Eagle Scout. Though his attorneys insist he's innocent, prosecutors remain confident that they sent the right man to prison. He's got a long rap sheet and once made the Minneapolis Police Department's "Top 40" list of career criminals. Clearly he's no stranger to the system that convicted him 10 years ago. And even though he's been released from his sentence, the conviction will remain on his record.

The real crime, though, is that his already troubled life took a 10-year turn for the worse when he was convicted of a crime based on testimony from a man whose own record should have raised red flags -- the same man whose confession later led to Townsend's release.

In the end justice prevailed, if justice that comes 10 years too late can be called "justice" at all.

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