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LaMonte Armstrong's Long Road To Freedom After Wrongful Conviction

Lamonte Armstrong

First Posted: 07/02/12 06:57 PM ET Updated: 07/03/12 11:00 AM ET

LaMonte Armstrong is putting his life back together, piece by piece. But his freedom -- all three days of it -- hasn't been easy.

"I'm confused, lost and little bit fearful of the unknown," Armstrong said in a phone interview. "I wasn't ready to get out of prison last Friday."

Nearly 17 years ago, a Greensboro, N.C., jury convicted Armstrong of murdering his mother's best friend, a beloved college professor named Ernestine Compton, by stabbing her and strangling her with an electrical cord. A judge sentenced him to life in prison. Prosecutors had sought the death penalty. Armstrong vowed to fight to clear his name.

He won that fight on Friday afternoon, when Superior Court Judge Joe Turner threw out his conviction. Two hours later, he was released from the county jail. He is 62 years old.

At the hearing, Turner said freeing Armstrong was likely the "closest to knowing I'm doing justice, in my career, I will ever experience."

The words bowled Armstrong over. "He made me almost drop my head to my feet," he said.

Armstrong's case is a textbook example of police and prosecutorial misconduct, according to a lengthy brief filed by his attorneys, with Duke Law School's Wrongful Convictions Clinic. Crucial evidence was deliberately withheld from his defense -- evidence so clearly exculpatory it is hard to understand why the case was ever brought to trial, according to Theresa Newman, a Duke Law School professor and the clinic's executive director.

"It was a gross miscarriage of justice," Newman said. "Nobody should be convicted this way."

The brief states that a neighbor of the murdered woman told police that she saw a strange man, not Armstrong, in the area after the killing, wearing bloody Army fatigues. The man muttered that "the woman thought she was somebody," according to an investigator's notes. Those notes were never shared with Armstrong's defense.

Police said they now believe another man, Christopher Caviness, was the real killer. Under pressure from Armstrong's attorneys, Greensboro investigators re-tested evidence from the case and matched a palm print from the murder scene with Caviness, who was identified as a suspect by police early in the case. A year after Compton was killed, Caviness went to prison for murdering his father.

He died last year in a car crash.

"We are truly saddened that an apparently innocent man has been convicted," Greensboro police Capt. Mike Richey, head of the department's investigative division, told the Greensboro News-Record.

In the end, Armstrong nearly faced the death penalty based on the testimony of four prison inmates, all of whom received favors from prosecutors for implicating Armstrong.

The key witness, Charles Blackwell, a police informant, changed his story about the murder repeatedly before the trial, even writing letters to Armstrong and a local civil rights group declaring that Armstrong was innocent.

Prosecutors put him on the stand anyway, where he declared that he watched Armstrong murder Compton.

Prosecutors did not share with Armstrong's lawyers testimony from multiple witnesses who told police they had seen the murder victim alive several days after Blackwell said he had seen Armstrong commit the crime.

The three other witnesses were prison inmates who received favorable treatment in exchange for bolstering Blackwell's testimony. Two said Armstrong had confessed the murder to them. At his 1995 trial, Armstrong called the testimony lies. The jury "agonized" over the lack of physical evidence and credibility problems with the witnesses, jurors told the local newspaper.

But after two days of deliberation, the panel voted to convict.

Armstrong said he believes that Randy Carroll, the assistant district attorney who tried the case, deliberately withheld evidence he knew would have led the jury to acquit. But years ago, he decided he could not let his anger consume him.

"A little over 12 years ago, I realized how sick this guy was," he said of Carroll, who left the district attorney's office and now works in private practice as a defense attorney.

"I try not to hate," Armstrong said. "You accept what has happened, but you don't have to like it."

Carroll did not respond to a request for comment.

In order for Armstrong to be compensated by the state for the years he lost behind bars, the North Carolina governor will need to authorize a pardon, a difficult prospect. For now, he is living in a halfway house in Chapel Hill, N.C., and has an upcoming interview for a job as a drug counselor.

He's also looking forward to visiting Duke's Wrongful Convictions Clinic and meeting with the attorneys who helped on his case. Many of them began working on his case as law students.

"I'm impressed with those kids," Armstrong said.

 
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02:22 PM on 07/09/2012
Yeah? So why don't the people that perpetrated this gross injustice pay for their travesty? It's high-time prosecutors and judges be forced to own up to their bad judgement calls.
11:46 PM on 07/08/2012
This man obviously did it. Put him behind bars and throw away the key. Murderer...
10:51 AM on 07/08/2012
I worked in a major urban prosecutor's office for a short time. I was sickened by the emphasis on (1) conviction percentage and (2) closing cases. It seemed like many policy and prosecutors would go after whoever they figured they could build a conviction on, regardless of whether there was solid evidence. This was particularly disturbing in cases where there might be only 1 witness and no physical evidence (and, in one case, I remember a cash reward for the witness from the victim's family if there was a conviction -- fortunately the defense got their innocent client off when the judge threw out the case). Anyway, there are too many cases of the justice system doing injustice. If we can prove the evidence was withheld with any level of recklessness or intent beyond negligence, then the wrongfully convicted person should be able to sue the prosecutor and/or police and/or witnesses who lied and take them for all they have (including the government pensions).
01:56 PM on 07/07/2012
Daniel R. Wanderman, an attorney who now practices law in North Carolina, was an Assistant District Attorney when he wrongfully went after my father for a fraud that he did not commit.

While my father received a settlement from the city of New York years later, he died a broken man having suffered the humiliation of an arrest in front of his patients and his fellow workers at his practice (he was a doctor....and a good one at that) and the end of his medical practice.

Turns out, Mr. Wanderman is totally immune from prosecution....even though the settlement (which is part of the public record) shows that it was his misconduct that lead to my father's false arrest.

http://law.justia.com/cases/new-york/other-courts/2009/2009-50261.html

And where Mr. Wanderman works now: http://north-carolina-employees.findthedata.org/l/86678/Daniel-R-Wanderman
06:14 PM on 07/06/2012
Why does the prosecutor not go to jail for his "fraud"? It's time to send a message to the prosecutors of the world that they are not above the law.
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MiMi LLawsonn
Just my opinion****
03:34 PM on 07/05/2012
Prosecutors will do anything to get a CONVICTION....and close a case....in NC....the prosecutors do NOT SEEK THE TRUTH.....http://ireport.cnn.com/docs/DOC-736024 Here is another prime example of CORRUPTION AND COVER UP...and it took place in the spring of 2011....the trial was video taped lived and is available for the public to view....this is a perfect example of how the NC Judicial Systems work/ OR NOT....
03:09 PM on 07/05/2012
A year after Compton was killed, Caviness went to prison for murdering his father.

He died last year in a car crash.

Which is it? He went to prison or he died in a car crash. How can he die in a car crash if he's in prison?
11:01 PM on 07/05/2012
Since Armstrong went to prison nearly 20 years ago, there has been plenty of time for Caviness to have been sent to prison, be released, and then die in a car crash. There's no obvious contradiction in the story.
01:31 PM on 07/05/2012
The prosecutor should be forced to serve out the rest of his life sentence .Along with the "Witnesses".
01:10 PM on 07/05/2012
Good point: "I try not to hate," Armstrong said. "You accept what has happened, but you don't have to like it."
http://quetera.blogspot.com
01:34 AM on 07/04/2012
17 years, " I try not to hate". I never understand that line.
04:01 PM on 07/05/2012
Hate is a poison you take yourself, trying to hurt someone else. When you realize that emotion toward another person does nothing, then you learn not to. That's why people can forgive a criminal who hurts/kills a loved one. You do it for yourself to heal, not necessarily to help the other person. Armstrong learned that lesson already.
11:10 PM on 07/05/2012
Whatever. Someone takes out one of my loved ones and they die in horrific ways they can't yet imagine.
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oldf-rt
I may be an old fart but I'm a sneaky old fart.
09:17 PM on 07/03/2012
The only greater miscarriage of justice than letting a guilty person free is convicting an innocent person. That is the reason we have rules of evidence. Police and prosecutors who break them should be charged with a crime.
11:41 AM on 07/05/2012
Unfortunately the Police and DA's garner far more reward for convicting a person then exonerating them. One-sided police investigations will continue to happen until the system is changed. DA's that are concerned more about their win/loss ratio will occur until the system is changed. Justice can always be bought, which raises doubt about the fairness of the justice system.

I would rather 10 guilty people go free than 1 innocent man sit in jail.
04:02 PM on 07/03/2012
It is things like this that are turning me, a lifelong death penalty advocate, into a death penalty opponent.
If the original prosecutors had gotten the death penalty applied and he was put to death, an innocent man would have died.
For as Benjamin Franklin said, "it is better [one hundred] guilty Persons should escape than that one innocent Person should suffer".
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Elron Aven
02:23 PM on 07/03/2012
The prosecutors, if still alive, should be sent to prison for life without parole.
10:19 AM on 07/04/2012
Do you think that such a move might send a message? I think it would. I agree wholeheartedly.
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Elron Aven
12:14 PM on 07/06/2012
IMO, whenever there's clear prosecutorial misconduct, police misconduct, clearly intentional witness perjury, or judicial misconduct that sends someone to prison unjustly or causes them financial harm unjustly, the punishment for the offender(s) should be mandatory LWOP.

Because intentional injustices damage the integrity of the whole system, not just one person, the public has a right to EXPECT and DEMAND that this nation's police and judicial system are absolutely 100% unimpeachable. Yea, I think draconian penalties (along with significant rewards for whistle blowers) can provide that in 99.99% of instances where someone feels they might want to cheat.

There's a reason why US mail carriers are robbed very infrequently, even when delivering in very bad neighborhoods...if you jack a mail carrier and get caught, you're going away for a mandatory 20 at Club Fed. Word gets around that you don't rob the mail carriers.
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Youlielol
What we "see" with human eyes, is not reality!
01:49 PM on 07/05/2012
Elron Aven, I 100% AGREE WITH YOU!