Justice: Delayed, Dismissed, Denied

With Philadelphia's court system in disarray, cases crumble as witnesses fear reprisal and thousands of fugitives remain at large.

December 13, 2009|By Craig R. McCoy, Nancy Phillips, and Dylan Purcell, Inquirer Staff Writers
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  • ClintonRobinson
  • KareemJohnson

Kareem Johnson stood over Walter Smith and executed him. He fired so close that Smith's blood splashed up onto Johnson's Air Jordan baseball cap.

He shot him as a favor to a childhood friend.

Smith was a threat because he had come forward as a witness in a murder case against Clinton Robinson.

With the witness dead, Robinson cut a sweet deal. He pleaded guilty to voluntary manslaughter and was sentenced to just 2 1/2 to five years.

"Basically, I beat it," he says now.

He and Johnson know all about beating cases in the Philadelphia courts. In just three years, Johnson, 26, and Robinson, 24, were arrested a total of nine times for gun crimes, but until the charges escalated to murder, nothing stuck.

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Johnson's bloodletting came to an end only after he killed a 10-year-old boy in 2004 in one of the city's most notorious murders. As for Robinson, he's locked up on a drug charge, but expects to go free soon.

The two men's violent path from the streets into the courts and back again vividly illustrates the failure of Philadelphia's criminal justice system.

It is a system that all too often fails to punish violent criminals, fails to protect witnesses, fails to catch thousands of fugitives, fails to decide cases on their merits - fails to provide justice.

In America's most violent big city, people accused of serious crimes are escaping conviction with stunning regularity, an Inquirer investigation has found.

Philadelphia defendants walk free on all charges in nearly two-thirds of violent-crime cases. Among large urban counties, Philadelphia has the nation's lowest felony-conviction rate.

Only one in 10 people charged with gun assaults is convicted of that charge, the newspaper found.

Only two in 10 accused armed robbers are found guilty of armed robbery.

Only one in four accused rapists is found guilty of rape.

The data also show that people charged with assaults with a gun escape conviction more often than those who use fists or knives. Of people arrested for possession of illegal handguns, almost half go free.

Nationally, prosecutors in big cities win felony convictions in half of violent-crime cases, according to federal studies. In Philadelphia, prosecutors win only    20 percent.

In a comprehensive analysis of the Philadelphia criminal courts, The Inquirer traced the outcomes of 31,000 criminal court cases filed in 2006, 2007, and 2008, tracking their dispositions through early this year. The results go a long way toward explaining the violence on city streets.

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