Eddie Small: The Innocence Project

By Robert Mladinich on July 19, 2016
Eddie Small: The Innocence Project
Eddie is battling against seemingly insurmountable odds to free his incarcerated son.

Despite being in tremendous physical condition at the age of 70, Small now finds himself in the fight of his life…

Former welterweight prospect Eddie Small from the Bronx, New York, retired from the ring in 1969 with a record of 6-1-3 (2 KOs). A life-threatening injury incurred outside of the squared circle ended what had once been a promising career.

Despite being in tremendous physical condition at the age of 70, Small now finds himself in the fight of his life. This time it involves his son David, and what seems like a clear case of flawed jurisprudence.

Eddie is battling against seemingly insurmountable odds to free his incarcerated son, David, a former tractor trailer driver and security guard, from what appears to be an unjust 2008 conviction for attempted rape, unlawful imprisonment and burglary, which garnered him a 12-year prison sentence.

Eddie is no stranger to adversity, but is the first to admit that this fight is getting the better of him.

As a boxer, at various times New York newspapers had described him as “nifty,” “a crack flyweight” and “the most spectacular of 126 pounders.”

He was the subject of a 1963 ABC television show called “What Americans Want to Know,” which described his transition from a standout amateur boxer to the pro ranks.

The June 1964 issue of The RING magazine named him Prospect of the Month.

His professional derailment began in August 1964. While waiting on a Bronx street for a date to see the film “A Shot in the Dark” with Peter Sellers, Small was attacked by a man with a steak knife. He was stabbed in the head, the blade missing his eyeball by a centimeter.

Although Small spent several weeks in the hospital, he miraculously did not lose his sight in that eye. 

“I thought my life was over,” said Small. “I was in surgery for eight hours and needed 2,000 stitches. I’ve had a lot of plastic surgery since.”

To this day, Small believes his manager, with whom he had been feuding, was involved in the unprovoked attack.

When Small returned to the gym two years later, the manager said to him, “I told you, if you don’t fight for me, you won’t fight for anybody.”

Small joined the New York City Corrections Department in 1972, and retired as a captain in 1993. He currently resides in Las Vegas, where he is a member of the Department of Homeland Security volunteer force.

It is from that distinct geological disadvantage that his battle rages to free his son.

While on the surface the crimes David was convicted of are heinous, the facts in no way support the charges.

In the early morning hours of May 26, 2005, the alleged victim went screaming to her neighbor’s home in Orange County, a northern New York City suburb, that someone had broken into her home and held her captive with intentions of committing a sexual assault.

Later that day the Village of Chester Police Department distributed a wanted poster with a sketch of a suspect. Besides looking nothing like David Small, it described the perpetrator as being a white man between 5’8” to 5’10” tall and 175 to 200 pounds.

At different times during the ensuing two-year investigation, the alleged victim described her assailant as being either 5’8” to 5’10” tall and 160 to 180 pounds or 5’10” to 6’1” tall and between 200 and 225 pounds.

The victim, a longtime neighbor of David, initially identified a different suspect from a photo array. He was questioned by police, cleared, and released. 

The woman then picked another person from a photo array. He too was cleared. It was not until two years later that she picked David, despite the fact that he lived within a block of her and had been a casual acquaintance. 

As if that was not enough to create reasonable doubt, David’s physical size should have sealed the deal. He is all of 5’2” tall and 140 pounds.

Moreover, testimony was presented in court where the alleged victim told authorities she had been face to face with a dark-skinned, possibly Hispanic man with an accent. During the two-year investigation of the case, the victim had been in David’s company on numerous occasions and even had conversations with his mother.

Despite all this contrary evidence, after four hours alone in an interrogation room with an investigator, and no counsel present, David did sign a confession that he has always maintained he did not read or write. He claims he was told by police that the only way he was going home was if he signed the statement, which he foolishly did. 

After doing so he was released from custody but arrested two days later. The delay would suggest prosecutorial misgivings about the “confession.”

David was tried, convicted and sentenced to the lengthy prison term despite the fact that the alleged victim had a history of bizarre behavior that included living in squalor and rummaging through dumpsters.

Most importantly, the DNA found under the victim’s fingernails did not match David’s. The only DNA evidence was on a beer can that could have been found in the dumpster shared by David and the victim. 

A woman named Lisa Kessler had been a neighbor David’s since 1984 and saw him on an almost daily basis. During his trial she repeatedly requested to testify, but was told by David’s attorney that the case was so flimsy her testimony was unnecessary.

Ms. Kessler, who is employed at a cooperative educational center, later submitted a notarized statement stating she and the alleged victim worked for the same organization. Ms. Kessler regularly drove the alleged victim, who was an aide at the company, to work.

During these many trips, the alleged victim always described her assailant as being close to six feet tall and “husky.” She never wavered in that description, and also told Ms. Kessler that he appeared to be Colombian, even though she had told responding officers he was white.

The alleged victim is approximately 5’4” tall, while David, as noted earlier, is two inches shorter and slim.

No one would ever take David for being Hispanic, much less Colombian. And the only accent he has is that of a born and bred New Yorker. 

Ms. Kessler was aware that the alleged victim knew David because they all lived in the same area. Never once did the purported victim suggest or allege that David was involved.

“David is approximately 5’2” and never was husky in the 24 years we were neighbors,” wrote Ms. Kessler in a sworn 2013 statement. “David has been dealing with a grave injustice since his incarceration.” 

Bonnie Silvestri, another woman who lives in the area, signed a sworn statement saying she witnessed a man “fleeing” the crime scene and she asserted with “absolute certainty” the man was not David, who she had known for “many years.”

Ms. Silvestri said she had written several letters “attesting to these facts” and wished that “action would be taken so that an innocent man can be released from prison and move on with his life.”
 
David’s brother, Michael Small, an architect with no criminal history, clearly remembers the day of the alleged incident because it was his final day of college. David had woken him up early because he was beside himself about a bankruptcy proceeding later that morning. Michael specifically recalls going downstairs to make coffee and noticing the time on the microwave being 5:02 am.

“Fact of the matter is that if the crime was committed at (the victim’s) residence that day, (it) couldn’t have been my brother because he couldn’t have been in two places at one time,” wrote Michael in a sworn statement.

Michael was eager to testify at the trial, but was told by David’s attorney that “it wouldn’t make a difference because I am his brother and I would defend him no matter what the circumstance.”

According to Eddie, the other witnesses were told there was no need for them to testify because the case against his son was so weak.

Making things even more frustrating from legal, ethical, personal and familial standpoints is the fact that the New York State Appellate Court reversed the trial court on the attempted rape conviction, but the sentence was not lessened despite that being the most serious charge.

Writing for a grassroots newspaper called “The Patriot” in 2013, renowned attorney and social justice advocate Brent J. Cutler said even if Small was guilty of the burglary, once the attempted rape conviction was vacated the criminal charges that remained did not “add up to a 12 year sentence.”

David has been in custody at the maximum security Sing Sing Correctional Facility since August 2008. He is not eligible for release until July 2018.

Although David’s appeals attorney has been successful in getting the sexual charges dropped, David was still recently declined for a work release program because of the initial alleged sexual nature of the incident. 

Despite his anger and frustration, David has made the best of a bad situation. He has, for example, earned undergraduate and graduate degrees in education through Hudson Link, a privately funded college program for inmates (www.hudsonlink.org).

As proud as Eddie is of David’s educational accomplishments, it does not ease the pain and the anger he feels toward the system that he believes stacked a loaded deck against his son.

“What happened to David is a travesty,” said an understandably irate Eddie. “I know most people would think of me as just another father trying to do or say anything to protect his son, no matter what he has done. 

“This is absolutely not the case. Documented records speak for themselves, and some common sense must also prevail. David is a good young man. He was never convicted of anything prior to this incident.

“The only real crime committed in this entire scenario is what happened to my son, how the state of affairs regarding his case was handled from beginning to end. As a father watching my son rot in jail, a victim of an unconscionable legal system, it destroys me. But the reality is, it’s my son who is being destroyed.”

“If a conviction is vacated, the sentence should be adjusted to fit the remaining convictions,” wrote Brent Cutler. “Further, (the victim’s) identification of Small does not seem to be beyond reasonable doubt. Small sits in Sing Sing hoping that the governor will either commute the sentence or pardon him.”

Cutler described David as one of what he calls “the five percent.” 

“It has been said many times that 95 percent of the people in prison are guilty,” he wrote. “It is the other five percent that should be of concern to society. David Small seems to be part of that five percent of people in prison that society should be concerned about.”

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  1. Deborah 09:26pm, 03/29/2017

    Not many people going thru such a horrific injustice could have found the strength to not only survive, but to educate themselves, inspite of the horrors happening to them and around them. I am so proud of David Small’s strength and character.

  2. Marlene S. 06:36pm, 08/22/2016

    Thank you Robert Mladinich for bringing to light the truth.
    Thank you to all the people seeing David’s innocence. Where does the family go to get freedom for their son?
    Who can “get” those “responsible people” for putting David in prison?
    I don’t know why these people aren’t held responsible or don’t HAVE TO ANSWER TO ANYBODY - for their actions in this horrific sequence of events keeping David imprisoned.
    Can no-one set him free? Why not? There is so much evidence of his innocence from day one!  So WHY as decent human beings - do we have to allow this injustice? I’m actually saying “HELP”. How do we FREE David Small? Who can make this happen?
    I know David since he was born. He is and always has been a caring kind person. He would give you the shirt off his back. Why a life such as his has to be spent imprisoned - breaking my heart day after day, night after night. How the accuser can sleep at night - is beyond human comprehension.
    All the evidence of proof—and no way out.

  3. AL 05:23pm, 08/11/2016

    I happen to know Eddie and his son for many years. This editorial listed the truth! What it failed to mention was the additional injustice that his son is going through in jail. I will not list the problems for fear that it may only bring more problems for him. I think most people could use their imagination when a young white man is in prison with mostly minority inmates that “think” he has anything to do with an attempted rape charge even though the charges were dropped! This young man is going through hell and so far no organization or anyone with influence or power has stepped unto to plate and attempted to really help him! Eddie and his ex-wife have spent a lot of time and money to help their son but to no avail. A lawyer here and there were glad to take their hard earned money, bled them dry, took their time and for the most part didn’t accomplish too much. I feel so sorry for the whole family and say a prayer every night for them. May God help them through their trials and tribulations and help find a resolution to this truly mockery of justice and I use the term justice very loosely!

  4. Ginger Leitner 03:53pm, 08/09/2016

    As David Smalls’ mother, I have been living a hell for the past 9 years.  Watching my son be abused for something he never did. More Importantly, what my son goes through each day.  I do visits to try to make him comfortable, we have trailer visits approximately every 2 to 3 months, but three months in a maximum security prison is forever.  My son definitely didn’t deserve this.  At sentencing, the court officers themselves said the case was too bizarre.  I had at least 50 letters from neighbors who knew David since he was five, but no one in the court wanted to look.
    They found someone to pin it on, and unfortunately it was my son, David.
    Ironically, after my son was sentenced, the Sargeant who arrested my son retired, along with at least 3 of the arresting officers who moved to other precincts. Our judicial system needs an overhaul. There is no justice anymore.  Also, had my son took the original plea bargain, he would have been out in 6 months.  But, he felt he didn’t do anything so he went to trial. I pray each day that my sons’ lawyer will call with some news, but it’s summer and everyone is taking vacation. (Courts,lawyers etc.)
    Meanwhile, my son waits.  It is not me or any other family member that suffers so bad, it is my SON . 
    When this is finally over, my son will have lost 12 years of his life (vital years). Years to build a future, job, wife, children etc.  I pray every day my son stays strong, and the good Lord protects and watches over him.

  5. Fallon 11:38pm, 08/04/2016

    This situation that the Small family is enduring is beyond unfortunate and sad but even further ABSOLUTELY DISGUSTING!! We are taught from such a young age that the justice system is here to protect the good, but this is a prime example of the corruption that is going on in our country today. How can you convict someone of multiple felony crimes with out any evidence that supports them…it’s absurd and you don’t need a law degree to understand that. So now an innocent man is sitting in prison year after year for something he had nothing to do with…..unfair, unfair and more unfair! I feel for David and his family and all that can be hoped for at this point is that the people that were involved in unjustly putting this innocent man away will get theres 10 fold. My prayers go out to the Small family.

  6. keith 10:58am, 08/02/2016

    It is mind boggling David is even in jail. First offense, and he is doing all this time. The attorney should be in jail for the terrible advice. Just another example of the problems with the justice system.

  7. Barbra 08:09pm, 08/01/2016

    This is so upsetting that this young man sits in jail for no reason at all except that someone up in the Chester PD needed a scapegoat to close a 2 year old cold case. David is the victim here, not this unstable lying do pater picking woman. How many times can she change a story?  It sounds to me that David’s lawyer is the one who should be sitting in jail for 12 years.  How dare he tell people not to testify on behalf of David! In my opinion the lawyer was a major problem in this case.  You hear about these stories on Dateline & 20/20, it’s so sad that innocent people are in jail.

  8. KEITH 01:02pm, 08/01/2016

    It is mind boggling that David is in jail in the first place. I have been a Police Officer for over 33 years and have never heard of somebody getting this much time on these charges. His lawyer should be doing time for the way he handled this case.

  9. Kenny Rouse 01:01pm, 07/31/2016

    Outrageous. I dont understand how that could have happened. The difference in description alone shows the justice system being ignorant and or people disgracefully dropping the ball.

  10. Diana 10:09am, 07/31/2016

    HATS OFF! to Mr. Robert Mladinich for an awesome story and I hope you keep us all abreast of the outcome of this story.  My prayers are with Mr. Eddie Small and his son: David for the injustice that was done to this family.  Hopefully justice will prevail and they will find the criminal who committed this heinous crime.

  11. Helaine Atlas 05:11am, 07/29/2016

    The second injustice in the narrative of Eddie Small: “ The Innocence Project “ as told in the article by author Robert Mladinich is that the article uncovered the real facts surrounding the plight of his son David and justice gone awry, and David still sits rotting in prison. The second injustice is that Eddie Small, David’s father should not have to find himself living this nightmare engaged in “the fight of his life,” completely alone, as all the evidence points to the innocence of his son David. 

    As I read this superb, courageous article by Robert Mladinich it cemented and validated my feelings of pure outrage for a justice system that is deaf and mute when it comes to investigating all the facts of most cases that show reasonable doubt or clear proof that the accused is not guilty.

    In spite of crushing odds against him, and an uphill battle to right a glaring travesty of justice and events that prevented his son David Small from getting a fair shot at justice, there is still plenty of fight left in Eddie Small. You get the impression that he just won’t quit until his son is freed and exonerated.  You come away with the belief that Eddie Small, who was used to seeing people get knocked down in the ring has the will and determination to prevent his son from experiencing further injury and emotional harm by appealing to us to reach out and help David by not letting this story die a natural death. Having to serve out the rest of his sentence when the N.Y.S. Appellate Court already reversed the attempted rape conviction is not only surreal but, it’s unbelievable that any just and compassionate society could remain silent and let David Small continue to suffer.

    What happened to humanity? Where is the human outcry? Now that the facts are out I’m sure there will be one. After carefully reading “the Innocence Project,” I truly feel this is also a story about the human spirit and the love of a father that will go on fighting against a system that is broken.

    Thanks to Robert Mladinich who exposed this tragic story, we got a fresh new look at the obvious, hard facts and the one-sidedness of the decision that found David Small guilty of all charges. This was especially evident when we read that there was an eye witness that that saw a man “fleeing” the crime scene who the witness asserted with “absolute certainty” was not David Small. The witness signed a sworn statement to that effect, and she with the many other witnesses that wanted to testify were told there was “no need.” This in my opinion, reeks of David Small’s attorney throwing the case. I never heard of an attorney not wanting an eye witness to testify unless in my opinion there was a hidden agenda.

    Again, nothing but praise for Robert Mladinich who skillfully laid out the entire series of events that destroyed what everyone can see is an innocent man’s life. The facts are crystal clear that David Small could not have possibly committed any of the crimes he was charged with. Yet, he is still incarcerated serving a twelve year sentence. JUSTICE MUST WORK FOR EVERYONE!  We must in any small way we can become change agents to make justice work.

    David Small could have been your son, totally innocent, and charged with crimes because of some freak unexplainable reason. We have to make our voices heard loud and clear to find out the answers as to how something like this could happen when the police themselves distributed wanted posters in the Village of Chester N.Y. with a sketch of the suspect showing him to be between 5’8” to 5’10” and between 200 to 225 pounds. Surely, anyone with a firm grasp of reality has to wonder how could David have been charged with anything since, he is only 5’2” and 140 pounds.

    Let’s brainstorm the facts once again that Robert Mladinich so expertly laid out point by point.The victim was a long time neighbor of David Small and told authorities it was David who victimized her yet, she gave a description of the suspect that in no way was a match to David Small’s physical appearance, NOT EVEN CLOSE. One has to wonder can the so-called victim separate fact from fantasy? Why did it take the accuser two years to all of a sudden come to the conclusion that it was David Small, who was living only one block away from her that, he was the one who committed those crimes against her? Can anyone who isn’t brain dead believe this spin? The accuser also picked out another person from a photo array at two different times claiming that it was the person who carried out the crimes. Two different people both cleared and released at two different times, that’s absolutely mind boggling! One has to ask the question, why did it take the accuser two years to change her mind and her story, and point the finger of blame at David? There is no rational answer. How could any trained police officer or detective who can think and problem solve see this story as credible? I have to ask could things get any scarier when police can actually listen to the accuser spinning a web of inaccuracies, who keeps changing the physical description of the perpetrator and not see how bizarre it is to proceed with a story that keeps changing. It is so clear and on its face that at that very point nothing more should have been pursued period.

    Forget justice for a second, where is common sense to have prosecuted David Small whose physical description alone was so different from the original description the accuser gave that it was inconceivable to move this case forward.

    Furthermore, to compound this mockery of justice the article pointed out that the DNA found under the accuser’s fingernails did not match the DNA of David Small. It is also quite evident that the witnesses requests in writing to testify were clearly ignored. There was no logical reason to disregard the requests of witnesses to testify in order to clear David Small of the crimes he didn’t commit. Can anyone give a justifiable reason why David is still in prison when he was cleared of the attempted rape charge?  Why wasn’t his sentence commuted for time served, it’s unheard of. Murders and drug lords frequently seem to receive shorter sentences.

    If the system can’t right its own wrongs it’s up to us to right this tragic caricature of justice that has become an endurance test for David to see how much punishment he can take. We must put an end to this innocent man’s suffering now, so that his next visit with his father Eddie Small, can be as a free man.

    You can help by commenting on .(JavaScript must be enabled to view this email address) or writing your local politician to intervene on David’s behalf. If we don’t help now other innocent people might find themselves in similar circumstances. Let us remember to thank the author of the Eddie Small: The Innocence Project who had the courage and fearlessness to write this article and get at the truth. 

  12. Steve M 04:30pm, 07/25/2016

    The is an absolute tragedy for David Small & his family. When a person is wrongly convicted and given a ridiculous and unjustifiable lengthy sentence the defendants family suffers horribly as well. Everybody’s life gets put on hold. The case and the evidence is shady at best. I worked law enforcement for 20 years and I saw firsthand how the Judges, prosecutors, and lawyers are all too close for comfort. The case was cold for 2 years then all of a sudden the Chester PD and the Orange County prosecutor’s office finds a fall guy. All the courts care about is statistics & money. The criminal court & family court system in this country is big business and is tainted to say the least. Someone with some authority within the appellate court needs to examine the evidence and see that the sentence given does not fit the alleged crime. Nobody was hurt, no property was damaged, David Small has no prior criminal history nor has he any history of violence whatsoever. How can a 12 year sentence be handed down. I’ve seen murderers and child molesters get sentenced to less time often. This is so unfair. David Small was taken advantage by all parties involved including his own lawyer who was paid handsomely to defend him but put very little effort.

  13. Justin Adams 11:15am, 07/22/2016

    It’s surprising how many cases can’t even be tried because of lack of evidence or how many people that are obviously guilty get to walk because of some minor technicality in their case. Though here we have a clear case that raises doubt in any one’s mind and nothings being done. You can"t get back time once it is lost. There’s no apology that can make up for this type of justice once it’s sorted out and it will be. To all the parties involved stay strong. Justice will prevail.

  14. Paul Silverman 11:05am, 07/22/2016

    What a tragedy of justice! How can you mistake a description of a person with such disparity is beyond belief? Mr. Small is 5’2 135 pounds. The perpetrator was described as over 200 pounds and over 6’0. The man was also described as either African American or Latino. Mr. Small is Caucasian. Lastly, how can you dismiss a rape charge and not reduce the sentence. This is unheard of. Our justice system is better then this!

  15. Eric 08:43am, 07/21/2016

    BTW, here is a small sample of some of the “celebrites” who vow to leave America IF Donald Trump is elected our next POTUS.

    “Reverend” Al Sharpton (Has anyone ever heard Sharpton preach an actual sermon?)

    Jon Leibowitz aka Jon Stewart
    Eddie Griffin ( who the hell is this guy?)
    Samuel L. Jackson ( go figure)
    Cher ( last time that Cher was relative, I was shaving twice a week)
    Whoopi Goldberg ( does anyone really care)
    Rosie O’Donnel ( see Whoopi)

  16. Eric 08:24am, 07/21/2016

    The Thresher…Didn’t you say you would leave America IF Donald J. Trump was elected POTUS? teehee. I’ll have to make a list of all the “celebrities” who have made the same claim. haha. I think two were Whoopi Goldberg & Rosie O’Donnell, and I’m sure many others made the same promise. haha. I got a sawbuck that says none of these people will honor their pledge if Trump is elected.

  17. Dr. Myles Bader 06:55pm, 07/20/2016

    My prayers are with Eddie and hope his son will soon find the justice he deserves and be freed from jail.

  18. Eric 06:42am, 07/20/2016

    that is supposed to read an average of 25-35 THOUSAND. oops.

  19. Eric 06:40am, 07/20/2016

    Irish… Wanna see a real alarming interracial crime stat, check out the United States Justice Dept. for Interracial crime stats involving rape. Black on White rape is an epidemic in this country and abroad. In 2005 alone, there were 37,460 Black on White rapes and/or sexual assaults in America and less than 10 White on Black rapes. And don’t forget, sometimes the cops and media are known to pull a Zimmerman aka identifying a non-white suspect as white. There are on average between 25-35 Black on White rapes and/or sexual assaults every year in this country while White on Black rape is as rare as the winning Powerball lottey ticket. Sweden is the rape capital of Europe and nearly all rapes are Black or Brown on White rapes.

  20. Irish Frankie Crawford Beat Saijo aka Gimpel 06:31am, 07/20/2016

    Speaking of which….the latest DOJ crime stats put a lie to the Black on Black crime wave myth. 60 % of the victims of Black violent offenders are of races other than Black. Only 40% of the victims are Black. Thank God for Daryl and Rick because these coksukers are the real life Walking Dead and they are all around us.

  21. Eric 05:42am, 07/20/2016

    I’d venture to say that Roman Polanski is more evil than Charlie Manson. Even when Tate was murdered, Polanski didn’t seem to broken up about it. The little freak (Polanski, not Manson) was into all that Satanic caca judging by his twisted movies anyhow. Polanski is even praised by satanic Hollywood. Go figure.

  22. Eric 05:31am, 07/20/2016

    espandoggie…And then you have people like Roman Polanski who rape and sodomize 13 year old girls who never do one single solitary minute behind bars, or that DuPont character who raped/molested his own child who was given 3 months probation. He was charged with “attempted rape,” but attempted rape is like attemtped murder, your intentions were the same as an actual rapist or murderer, you were just too much of a f*ckup to succeed. I think Americans could learn something from the way Japan runs their prisons, Japanese prisons are run like some Super Max Marine boot-camp and rape and inmate assaults on staff or other inmates is very rare. Gang activity even among the Japan’s version of the American mafia, the Yakuza, is non-existant behind bars. Everyone has their head shaved no matter, and while moving from place to place, there is no talking among the prisoners. Guards control the prison not the inmates. Discipline is taught, not by beatings but by sitting motionless in a chair for hours, etc. AND IT WORKS. Japanese prisons are harsh, but not violent, they instill the discipline needed to obey rules outside of the prison walls. Funny, Japan doesn’t have overcrowded prisons like America, and their prisons are pretty damn safe for both guards and convicts. Take note America.  After all it was Fyodor Dostoevsky who said you could judge a nation by judging their prisons. The brain dead inculcated MTV freaks will usually give credit to the world’s most beloved communist terrorist, Nelson Mandela, for that line. What a bunch of mind controlled out of touch freaks, those clowns are.

  23. Jake 02:57am, 07/20/2016

    You hear about these stories on TV shows like Dateline and 48 Hours and can’t believe they are true. Even if the facts prove to be in David Small’s favor he still lost so many years of his his life. He can never make up for that no matter what so there really is no justice.

  24. peter 05:05pm, 07/19/2016

    This case deserves to be made into a TV special with the proceeds going to the Small Family.

  25. outrageous9 03:59pm, 07/19/2016

    Unbelievable. Murderers and rapists get less time. How does a 5’3 guy get mistaken for 5’10”. The guy should sue his alleged lawyer for bad representation. No weapon, no DNA. What a joke.

  26. Justice 03:56pm, 07/19/2016

    Sadly, you hear of these cases all too often. You hear of people signing false confessions all the time. Hard to believe, but it happens. I’m surprised those two witnesses did not testify. Even if they didn’t, the case doesn’t add up. The height difference alone casts reasonable doubt.

  27. espanadoggie 12:43pm, 07/19/2016

    The sentence for this kid is mind boggling - There are people who have been found guilty of murder and didn’t serve 12 years.  The guilt or innocence is one conversation but the jail sentence is a crime in and of itself. The justice system is a mess

  28. The Thresher 11:21am, 07/19/2016

    It’s elementary Watson. You do the crime, you do the time.

  29. Irish Frankie Crawford Beat Saijo aka Gimpel 11:04am, 07/19/2016

    San Quentin is literally run by the Norteno shot callers to the extent that they actually maintain order by making the Bloods and Crips back the fuk up. It is pure and simple cruel and unusual punishment for any unnafiliated Anglo, which defines the vast majority, to have to serve time in that shithole. My advice for any white male who thinks he has reached the end of his rope and is contemplating some serious shit is to save one for yourself.

  30. The Thresher 11:03am, 07/19/2016

    Hmm, is Hudson Link like Trump University?

  31. Eric 08:17am, 07/19/2016

    Our prison system needs a complete overhaul. We have prison guards who are either complete flunkies, who couldn’t hold down a regular job, or who are sadistic, immoral, twisted, criminal control freaks, and are sometimes worse than the people they are hired to watch over. Our prisons aren’t much better than some turd world craphole jail. Inmates SHOULD be segregated by race for starters. Much of what happens in prison is race related. Allowing a huge cluster of inmates in the yard at one time makes no sense whatsoever, certainly a prison should be run with the inmates and guards safety as a concern. Don’t forget that the majority of these guys are coming back into society. However, I feel no sympathy whatsoever for those who commit the most heinous of crimes like premeditated murder, child molestation, or rape. Rape or child molestation definitely puts your life at even more of a risk in prison, add David’s small size, even if he’s in PC, he’s got a huge target on his back. IMO, rape should be 25-to-life, it literally DESTROYS the victim’s life, but by the same token, any woman (or man) who is found to be lying about being raped should be given the same sentence.

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