Hurricane, The

U.S. District Court Judge H. Lee Sarokin  was assigned Carter's Habeas Corpus case. His lengthy decision on November 7, 1985 was in favor of Carter and Artis.

Judge Sarokin quoted extensively from the New Jersey Supreme Court dissenting opinion wherein three of seven judges found the suppressed polygraph evidence would have made a material difference in the outcome of Carter's second trial. Sarokin also made the point that

In fact, Bello never identified Carter and Artis as the murderers.

Judge Sarokin knew the respected Third Circuit Court of Appeals - and possibly the United States Supreme Court - would review his actions. He also knew it was possible the higher courts would find he abused his discretion, but he did what he believed was right.

Immediate release from custody [he set Carter free] with prejudice [meaning the case is over forever] is rarely awarded, and when it is, the appellate courts may find abuse of discretion

Prosecutors filed an Appeal with the Third Circuit. The government also asked the appellate court for an order directing the prison superintendent to keep Carter in prison until the appeal was decided. The reason? Carter was a dangerous man.

The court disagreed, and Carter remained free while the judges decided the state's appeal. The unanimous result could not have been more favorable for Carter. Here is part of what the Third Circuit judges said in their Opinion:

...[U]nder any reasonable characterization of the 1976 trial, the critical importance of Bello's testimony to the prosecution's case clearly looms large and commanding. Bello's eyewitness identification testimony was the only direct evidence placing Carter and Artis at the Lafayette Bar & Grill. Bello's credibility, as well as his opportunity and ability to observe the gunmen at the crime scene, has to be considered an issue that is crucial to the guilt-finding process. We are not confronted by a situation in which the suppressed evidence - here, information impeaching Bello's credibility and challenging his professed vantage point - was of only 'minor importance.' Justice Clifford noted in dissent, and we agree, that a complete account of Harrelson's [the professor's] polygraph examinations and the prosecution's use of his conflicting oral and written conclusions had the real capacity...to bring about the utter destruction of by far the most important witness in the State's arsenal, with the fallout levelling the vaunted polygraphists and casting doubt on the tactics of the prosecution. Never before [this information was uncovered] could defendants argue so persuasively that Bello was in all respects a complete, unvarnished liar, utterly incapable of speaking the truth.

The Third Circuit Court of Appeals confirmed the overturned conviction, and Carter remained a free man. Although the State of New Jersey appealed to the Supreme Court of the United States, the high court did not change the outcome. The final fight ended when prosecutors did not seek a third trial.

A most astonishing event occurred on February 19, 1988. The prosecutor filed a motion to dismiss the original indictments brought against Carter and Artis in 1966. After a 22-year process, all charges were dropped despite the compelling evidence prosecutors had against Carter and despite the fact no appellate court had found him innocent!

The Great Writ of Habeas Corpus had helped Carter and Artis - as it has helped so many people for centuries. As Carter later said:

Habeas corpus isn't just a quaint Latin phrase, it was the key to my freedom.

But if that same petition were filed today, Rubin Carter would still be in prison.