A Black man who was wrongfully convicted as a teenager for a rape in New Orleans more than 36 years ago was ordered freed on Thursday after a judge overturned his conviction.
Sullivan Walter, now 53, wiped away tears as a state district judge formally vacated his conviction for home invasion rape. Judge Darryl Derbigny was enraged that blood and sperm evidence that could have cleared him never made it to the jury.
“To say this was unconscionable is an understatement,” Derbigny told Walter.
Walter was driven to Elayn Hunt Correctional Center in St. Gabriel after appearing in court in New Orleans.
The office of District Attorney Jason Williams collaborated with defense attorneys from the Innocence Project New Orleans, a criminal justice advocacy group, to have the conviction overturned.
Walter was 17 years old when he was arrested in connection with the rape in New Orleans. In May 1986, the rapist entered the victim’s home, identified in the record as L.S., held a knife to her throat, and threatened to harm her 8-year-old son, who slept through the incident.
In court, Emily Maw, an attorney with Williams’ office, described the issues in the case, noting that there were reasons to believe the victim, the only witness, had misidentified Walter.
“There were some red flags that the eyewitness testimony might be untrustworthy,” Maw told Derbigny.
These “red flags” were outlined in a joint filing by the defense and prosecutors prior to Thursday’s hearing.
“In this case, L.S. was asked to make a cross-racial identification of someone who was either masked, in an unlit room at night, or threatening her not to look at him at all times she could observe him.” Furthermore, L.S. was not shown a photo array containing Mr. Walter until more than six weeks after the crime,” according to the motion.
Furthermore, no evidence was presented regarding Walter’s blood characteristics that did not match the semen collected from the victim following the rape.
The filing also details years of mistakes made by Walter’s previous attorneys, such as failing to point out conflicting statements by a police officer who worked on the case and mistakes made during the appeal process regarding the blood and sperm evidence.
Walter had been serving a total sentence of 39 years when he was cleared on Thursday, four for a burglary charge unrelated to the rape case and 35 for multiple charges in the rape case.
According to attorneys, the rape victim has died. Maw stated in court that authorities had contacted the victim’s son, who was not present, and that he had expressed his mother’s regret over the wrongful conviction.
According to Innocence Project New Orleans Legal Director Richard Davis, Walter’s race played a role in his wrongful conviction.
“The lawyers and law enforcement involved acted as if they believed they could do whatever they wanted to a Black teenager from a poor family without being scrutinized or held accountable,” Davis said in a written statement. “It’s not just about individuals and their choices, but also about the systems that allow them to happen.”
