Nineteen years ago, a Brooklyn Supreme Court judge sentenced Jabbar Collins to a prison term of 34-years-to-life for the murder of Abraham Pollack, a Brooklyn rabbi shot dead in the hallway of his apartment building. That day, Collins told the court he was innocent; the judge disagreed and said he wished he could send Collins off to a hard labor camp.
Today at noon, Collins is scheduled to appear before a different judge and receive much different news: the state of New York has agreed to pay him $3 million for the 15 years he lost behind bars, serving time for a crime there is very good reason to believe he didn’t commit.
The award comes as part of a lawsuit Collins filed against both the state and city of New York three years ago after his murder conviction was overturned in federal court in 2010. In a statement, Collins’ attorney, Joel Rudin, said that while the award is one of the highest ever agreed to by the state, he and Collins hope it will lead to an even bigger payment from the city.
“Three million dollars is a lot of money, but it is a small fraction of what Jabbar Collins is entitled to for 15 horrendous years in a maximum security state prison,” Rudin said. “We look forward now to concentrating totally on his much larger claim for damages against New York City.”
The case against the city is scheduled to go to trial on October 20 before Federal Judge Frederic Block.
According to Rudin’s statement, Collins sued the state under the Unjust Conviction Act, which allows wrongfully convicted New Yorkers to recover damages if they can prove their innocence with “clear and convincing evidence,” an extremely high bar. Clearly, the state felt Collins had a strong chance of demonstrating his innocence.
A spokesperson for New York City’s office of corporation counsel said that they couldn’t comment on any pending litigation.
The city recently agreed to pay five men wrongly convicted in the Central Park jogger case $1 million each for every year they spent in prison.
Collins’ lawsuit accuses then-Brooklyn District Attorney Charles “Joe” Hynes and one of his top aides, Michael Vecchione, of a startling array of misconduct. The suit alleges that Vecchione, who prosecuted Collins, coerced witnesses, withheld evidence, and suborned perjury to win the conviction in 1995. Collins had gathered much of the evidence while in prison through Freedom of Information Act requests.
In 2010, after Collins had lost on numerous appeals before state judges, federal judge Dora Irizarry vacated Collins’ conviction, saying Vecchione’s misconduct was “beyond disappointing” and criticized Hynes for protecting him. Vecchione remained on Hynes’s staff for years after the conviction was thrown out.
“It is really sad that the D.A.’s office persists in standing firm and saying they did nothing wrong here,” Irizarry said.
In June last year, Vecchione was forced to answer questions about his conduct in the case under oath. He answered “I don’t recall” and close variants 324 times. He retired from the Brooklyn District Attorney’s office in November after Hynes lost the election for what would’ve been his seventh term.
Hynes himself has already testified twice under oath in the case, and in court papers filed last month, Rudin sought to question him a third time, following revelations in a scathing Department of Investigation report that Hynes received advice from a top Brooklyn Judge on how to handle political fallout from the Collins case.
The terms of Collins’ settlement with the state are expected to be announced today shortly after noon by State Court of Claims Judge Faviola Soto.
Briefly, we wanted to update you on where Truthout stands this month.
To be brutally honest, Truthout is behind on our fundraising goals for the year. There are a lot of reasons why. We’re dealing with broad trends in our industry, trends that have led publications like Vice, BuzzFeed, and National Geographic to make painful cuts. Everyone is feeling the squeeze of inflation. And despite its lasting importance, news readership is declining.
To ensure we stay out of the red by the end of the year, we have a long way to go. Our future is threatened.
We’ve stayed online over two decades thanks to the support of our readers. Because you believe in the power of our work, share our transformative stories, and give to keep us going strong, we know we can make it through this tough moment.
At this moment, we have 48 hours left in our important fundraising campaign, and we still must raise $26,000. Please consider making a donation today.