On September 24, Barney Brown will celebrate his first year of freedom, after 38 years of wrongful incarceration.
Though you are unlikely to know his name or the facts of his case, Barney's story is one of the most egregious wrongful convictions in the history of the United States.
In 1970, Barney was a 13-year-old African American child living in Hollywood, Florida, when he was falsely accused of raping a white woman and robbing her husband.
From the beginning, Barney told the police that he didn't know anything about the crime, but the police didn't believe him.
Barney was brutally interrogated. He was beaten so badly that his right eye swelled shut. He still cannot see out of it.
Barney was tried in juvenile court. He plead not guilty. When the victim was called to the stand, she still could not identify Barney as her attacker. The judge acquitted Barney of all charges and ordered his case to be dismissed.
Barney's nightmare should have ended there, but it didn't. Despite his acquittal in juvenile court, the prosecutor retried him in adult court and asked for the death penalty.
In violation of the Constitution's prohibition of double jeopardy, which says a person cannot be tried for the same crime twice, Barney was convicted. The jury voted 7-5 to have mercy on Barney, and so instead of being sent to his death in the electric chair, they sentenced him to life imprisonment without the possibility of parole.
"Prison," Barney explains, "was a living hell." And yet Barney refused to be a victim. "Every day, then every year, then every decade, I knew I would get out of prison because I did nothing wrong."
Barney was right. Though it took almost 40 years, the truth eventually prevailed. After decades of trying to prove his innocence, lawyers Benedict Kuehne and Susan Dmitrovsky took his case before Judge Antonio Marin of Florida's 11th Judicial Circuit Court.
In his written opinion, Judge Marin ordered Barney's conviction to "be vacated and the defendant discharged from all liability for the charged offense."
"This case," Judge Marin ruled, "presents a clear example of a grievous constitutional double jeopardy violation. ... Mr. Brown should have never been forced to defend himself against the same rape and robbery charges a second time. His life sentences for the 1970 adult court convictions should have never happened. His incarceration within Florida's prison system for most of his adult life should not have taken place."
When news of Barney's exoneration reached the prison on the evening of September 24, 2008, the guards simply released him into the dark rainy night, with no one to meet him and nowhere to go.
Fortunately, Barney noticed a guy talking on a cell phone. He remembered his sister's phone number, and asked the stranger if he could use his phone to call her, so she could pick him up.
Barney later reflected on his first moments of freedom: "September 24, 2008 -- 38 years after the nightmare began -- my first day on the outside, was a dreary, rainy day for most. For me, it was the best day of my life. I was free; free to live my life; free to help others; free to be me; Barney Brown, not Inmate 029663."
Last Spring, Jonathan Jackson of the Rainbow/PUSH Coalition invited Barney to tell his story at their Saturday Morning Forum. It was literally the first time Barney ever spoke in public. You can listen to a recording of Barney's speech on Innocence Speaks, the podcast of the Center on Wrongful Convictions.
If you're in the Chicago area, you can also meet Barney. On October 8, he will speak at the launch of the Center on Wrongful Convictions of Youth at Northwestern University School of Law. For more information about the event, please visit the Center's website.
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.