Ask HN: Just got an innocent man out of prison. What now?

510 points by ClintEhrlich ↗ HN
Hi, I'm Clint Ehrlich, a hacker/law student who helped get an innocent man released from prison. I'm here on HN asking for advice about how to help my new friend get back on his feet.

A year ago, I saw a Dateline NBC episode about an Iraq-war vet, Sgt. Ray Jennings, who allegedly killed an 18-year-old girl in a parking lot. The evidence didn't persuade me, so my dad and I started our own investigation.

We wrote a 34-page letter to the DA's office, which you can read here: http://www.ehrlichfirm.com/criminal-cases/raymond-lee-jennin... The letter persuaded them to reopen the murder investigation.

Last week, after 11 years behind bars, Ray walked out of court a free man. But he was released onto the street with no resources. Do any of the great minds at HN have any ideas about how I can help him get money for housing, food, and clothes?

The most obvious answer is litigation. And in a year or two, Ray will probably receive some compensation from the State. Unfortunately, there's no way to access those funds in time to cover his immediate expenses.

In the future, Ray also may be able to earn some income talking about his story. Unfortunately, the charges against him won't be formally dismissed for another 2 months, and until then he is understandably reticent about speaking publicly.

I have set up a GoFundMe campaign. It did well, but momentum has stalled. I'd appreciate any recommendations about how or where to promote it:

https://www.gofundme.com/RayJennings

Thanks for your help. I'm sorry that I was a bit caustic in previous posts asking for help with this case. I contacted the Mods, and they encouraged me to try again with a different approach.

219 comments

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This may not be the greatest idea, and may not even be realistic but are there not cash advances on a pending/future lawsuit? I imagine the terms are not friendly, but it may be more successful than a GoFundMe campaign if he becomes desperate enough.
Unfortunately, Ray's case has not advanced far enough to make litigation financing a practical option. Financing firms need significantly more assurance of a realistic payoff than they would be able to obtain at this juncture.
Do you have a link to anything more concrete about that?
Just my own experience submitting judgments to litigation funding firms while cases were pending on appeal.
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What'd he do in the military? He may be able to leverage those skills for immediate employment.
He was an infantryman. Kicked down doors in Iraq going room-to-room searching for insurgents.

Until the charges are formally dismissed, it's hard to imagine any employer will actually be willing to hire him. The DA's office is really making his life hard by refusing to just immediately stipulate that he's an innocent man.

Well, if you are willing to entertain less than legal options, there are tons of enforcement jobs on the market...
Brilliant. A man gets out of prison for crimes he didn't commit and you suggest he go and do something violent and illegal.
Are there any job boards for businesses that would consider hiring felons (or innocent folks waiting for record to clear)?

I had no luck finding legit sites with a quick Google search, but maybe others are aware of something?

If nothing exists, that sounds like an interesting development opportunity.

Bakeries are actually one of the business types that hires a large number of felons. You're separated from the cash, kept in a kitchen away from customers, and it doesn't pay the best.

But when finding other employment is hard, it's a pretty good option if you can work on the necessary skills.

Has he expressed what kind of work he would like to do if he could?
We're trying to figure that out. This whole thing has been pretty overwhelming.

Ray mostly just wants to spend time with his kids, whose lives he has been missing from for so long.

Could he re-enlist? He's not technically a felon if he's exonerated.
It doesn't look like he's been exonerated. He's been released from prison on his own recognizance while the state evaluates evidence. He's in a kind of limbo.

If he's formally exonerated, double jeopardy will prevent the state from ever trying him again, so the state has an incentive to keep him in that state.

I suspect you could probably convince smaller businesses to be ok on the background check, with disclosure. If I were hiring, I'd do it on his merits (Iraq vet makes up for the extra hassle with a background investigation, at least for me.)

(Also, fuck the DA. What is it with SoCal and horrible DAs?)

s/SoCal/USA/

It's not really a surprise; no decent person would voluntarily sign up to send pot-smokers to prison.

In Germany the reimbursement is be 25 Euro[1] (28 USD) per day. I hope it's more i the US and other countries.

[1] https://de.wikipedia.org/wiki/Haftentsch%C3%A4digung

In theory, California provides $124 a day in compensation to the wrongfully imprisoned.

In practice, the State makes it VERY hard to ever recover those funds. There are guys who were exonerated years ago who are still waiting to receive a single penny.

Can you expound a little on what makes if difficult to recover the funds? What hoops must one jump through that wouldn't be plainly evident in RLJ's particular situation?
Sure. There are two primary issues.

First, the standard for being compensated is higher than the one for being let out of prison. Ray is free right now because the state has admitted that it no longer has confidence in his conviction.

However, it has not affirmatively conceded his innocence. That may sound pedantic. It let him out of prison and admits he isn't the target of the ongoing investigation. But from a legal perspective, it makes all the difference in regards to whether he is actually entitled to compensation.

Second, even if the State agrees that someone is theoretically entitled to compensation, there are significant budgetary delays. State law requires public hearings before funds can be appropriated, so sometimes you have to wait months upon months for the funds to be allocated... much less actually delivered.

This is one area where Texas is far ahead of California.
I'd love to learn more about this.
Out of curiosity: do they tax these funds? I hope not.
That is low. A good formula would be to treat their stay as if it were forced employment. They should be pro rata'ed 3x the annual median household income annually (since it's a 24 hour a day commitment). And pay tax on it. It's still kind of unfair for a rich person but rich people don't usually get caged unfairly. Maybe some danger pay too if that's a factor.
Churches.

I currently tutor a formerly homeless man whom I met through an Episcopal church.

They saw him sleeping outside the front door and took him in. They connected him with low income housing services who found him a subsidized apartment and gave him a job working in the cafeteria of their school.

I'd visit a few parishes and ask friends/family who are churchgoing for direction.

Best of luck and I hope Ray gets on his feet.

That's a great thought.

Do you know of any online Christian outlets or forums that might be open to promoting Ray's GoFundMe?

I think people like to help more directly. I'd talk with churches in the same state as Ray. Physical goods and places to be are as useful as money to a person in that situation, and people typically have a lot of extra "stuff" that they'd be happy to part with to help a person in need, especially if it was brought up in church. They'd probably raise some money directly for him too.
Military > Prison > Military? You mean to vent his rage?
Meaning if he ran cat5 cables for the Army he can run cat5 cables for anyone else.

Unfortunately I can't imagine many private companies are in need to of the skills one learns in the infantry.

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He achieved the rank of sergeant - I'm going to go out on a limb and say that leading a team of four infantrymen into battle probably counts as "management".
It very much counts as management and many companies give preferential hiring to people with military experience. Even low ranking people have to qualify for a security clearance and pass a physical and there is a long list of things that can exclude you from fitness to serve your country.

If he had not been in prison for 11 years, his past military experience would absolutely open a great many doors for him. Successfully serving and being honorably discharged says a great many positive things about a person, something many businesses are very aware of and actively look for.

I was a sergeant in the infantry and went to Iraq as well. There is no better preparation for managing a team to solve a problem under intense pressure. I ran my own development business for many years and intend to do so again. The US Army Infantry is responsible for who I am today. I am confident the Army gave Ray Jennings skills he will be able to use for the rest of his life.
I wonder if Dateline would have interest in updating his story, and if there might be any compensation for something like that. I'm not involved in TV production, but you would think if they had enough interest to report on his conviction (which happens every day) there would be an even better story regarding his release.
Dateline has asked me to sit down for an interview with Keith Morrison. I may do that, but there will be no compensation involved.
You may do that? You absolutely should. You're promoting his cause. See if you can have space in the program to talk about his transition and the financial assistance campaign in particular.
There's a ton of media interest. I'm only going to appear on Dateline if I have some assurance that the new piece will be fairer than the original one that got my attention.
What did you find unfair about the original piece? I haven't seen it but I had assumed it would be relatively favorable if Dateline had chosen to publicize the case 15 years after the murder and 6 years after the conviction.
The Dateline piece came out right after Ray's conviction. I just happened to see it 5 years later.

It portrayed him as a craven killer who was brought to justice only through the Herculean efforts of police and prosecutors who wouldn't let the absence of any physical evidence stop them from getting a conviction.

Goddamn that's scary that this man's exoneration depended on a chance viewing of Dateline...Props to you...my initial reaction to this post (I hadn't seen your other appeals to HN) were that this sounded too good to be true, but even the stories and accounts about Mr. Jennings that were pro-status-quo were alarmingly flimsy.

I don't have faith that the justice system will naturally get things right, but I do have a general faith that the bureaucracy and motivations of the system would prevent such a conviction from ever happening in the current day...e.g. DA's not wanting to screw up their conviction rate by bringing such a weak case to trial. My faith is pretty shaken now...if this is the kind of case that can make its way to a murder conviction and rejection of review by the state Supreme Court, it most definitely leaves me unsettled about all the kinds of cases that don't receive media attention.

This frequently posted video ("Don't talk to police") now looks much more naive than cynical: https://www.youtube.com/watch?v=6wXkI4t7nuc

Sadly, this case has deeply shaken my confidence in the criminal-justice system.
"(T)his is a court of law and not a court of justice."

- Oliver Wendell Holmes Jr. (Associate Justice for the United States Supreme Court)

In Holmes' defense, the job of a Supreme Court justice is to establish common law precedent for the future, not to get the right decision for the case at hand.

So, for instance, if an illegal search turns up clear evidence that a company is evading taxes, justice for the case at hand says that the company should be punished. But the principle of law says that precedent must be set that the police can't violate the 4th amendment.

This is not a hypothetical example. See https://en.wikipedia.org/wiki/Silverthorne_Lumber_Co._v._Uni....

What's really sad is that it took this long and what's even sadder is that there are many people who feel that it is working just fine.

Congratulations on your achievement though, that was really good of you and your dad to do.

Well, people are often convicted based on circumstantial evidence. That's why there is a jury, to weigh the available evidence. Personally, I wouldn't give this guy any help based on what I've read, and certainly not without reading the entire record of each trial. Also, the prosecutor should have definitely sought a lower charge of manslaughter after the 2nd hung jury.

http://www.thefreelibrary.com/TESTIMONY+IN+2000+SLAYING+CO-W...

Edit: added the following

Yeah, down-voting doesn't invalidate my my feelings on the matter, and looking at the appelate court's decision to uphold the verdict [1] just affirms that I would need a whole lot more convincing this guy is innocent.

[1] http://www.leagle.com/decision/In%20CACO%2020111219009/PEOPL...

Why don't you try reading the letter OP wrote which got this man released instead of shody reports of hearsay "evidence" from a 2-bit not-even-cop trying to impress the detectives on the case?!
Can you point out any inconsistencies or errors in the original letter reframing the case based on known facts that got him free?
Your original question was "how I can help him get money for housing, food, and clothes?". Whether or not you speak to the media, and whether those appearances are paid, probably wouldn't impact your client's financial situation unless you intended to share it.

If Dateline is interested in speaking to you, one could be relatively sure that Dateline would be equally (if not more) interested in speaking with him.

I see your post now mentions that he might be reluctant to speak until his charges are formally dropped (I don't recall seeing that initially, so either I missed it or you edited it perhaps?). Scheduling an interview and having it go to air is likely to take time anyway, but I'd imagine that if he requested some fee to speak to Dateline that they'd oblige given the situation.

Perhaps I'm being overly optimistic, but I'd like to think that a network that profited over the publicizing of a conviction would give at least some small compensation to have the convicted discuss his release and case.

Why not ask for compensation to a charity to helps people in this situation?
Because of the man's relatively common name, it was hard initially to find articles in the mainstream press about his exoneration (at least compared to his 2009 conviction). Here is a recent LA Times article that covers the boilerplate: http://www.latimes.com/local/lanow/la-me-ln-palmdale-student...
It's probably best to search for "Raymond Lee Jennings."

The media seem to prefer that formulation of his name, because it sounds creepier.

This is the best news article: http://www.latimes.com/local/lanow/la-me-ln-20160624-jenning...

And this is a great blog post: http://mimesislaw.com/fault-lines/prosecutors-ask-court-to-r...

Convicted persons are usually referred to by full name for specificity, to distinguish them from others who might have similar names.
Police reports and other legal/municipal documents usually contain middle names, so that's why we often know famous criminals (e.g. Lee Harvey Oswald) by their full names.
The media is obligated to use full names as it differentiates people with common names.

You can see this at work when, for whatever reason, killer Joel Rifkin was only referred to by his first and last name for a long time in the tabloid press. Lots of people share that name and it was unfair to them to be associated with a killer. There was actually a Seinfeld episode making fun of this as it became a problem in NY which has a lots of Rifkins. Now he's typically referred to as Joel David Rifkin.

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Ask Peter Thiel to fund his litigation against the state and to put up his living expenses until he wins.
Sounds great. Anybody want to give Peter a heads up? :)
If that doesn't work, maybe Thiel has an extra pair of bootstraps to loan the young man.
If Peter helped this man to get on his feet and find justice, that would be a very noble act. I'm personally willing to donate this exonerated man a computer and teach him how to code user interfaces remotely if he wants. If I could afford to do more, I would. OP Please e-mail me at eddie@trycontractit.com
That's very kind of you, Eddie! I'll be in touch.

Ray actually just got a laptop, and I'm teaching him the basics of computing. It's amazing how much things have changed in 11 years!

"one of my greater philanthropic things that I’ve done. I think of it in those terms"
Have you tried contacting a social worker in their locality?
I think sticking with the GoFundMe campaign is probably the best way to go. But since it has stalled, it needs to be reinvigorated through some others means. You need to get the attention of someone in the media who will publish an article on the guy. Multiple articles from different publishers would be ideal. If a few medium to high profile companies put something out there you can definitely meet (and probably exceed) your goal. Think of the influx of donations that would pour in if you made the front page of CNN, MSN, BBC, etc.

If you have social media accounts, post the links to your GoFundMe page and the personal website you have listed above out on Twitter, Facebook, etc. Better yet, include them as responses/messages directly to accounts held my media corporations because someone at that company is reading them to monitor their PR. And I bet most of the employees subscribe/follow that account as well - and they might see it and pick it up. Example - "Hey @MSN, this story needs to be spread. Please help this man get his life back. http://...."

I also just made a modest donation in support of this cause.

Thank you for your advice and your donation!

I am doing my best right now to reinvigorate the GoFundMe campaign. I'm grateful to everyone who shares it with others!

Woah, thanks to all the HN posters who just started donating money!!! That's REALLY generous of you guys. I appreciate it, and so does Ray.
I've only just read about the case but from the current vantage point, it looks like a severe fuckup on the part of the district attorney. I know that suspects revealing non-public details of a homicide can lead to an investigation that uncovers more conclusive evidence...but to base an entire case around that, without any other evidence linking them to the crime? I'm looking forward to reading the post-mortem on how such a case gained enough momentum to drive the DA to prosecute on such flimsy evidence.

edit: by "severe" fuckup, I also mean, just plain incomprehensible. At least in other egregious cases, there's a mountain of quasi-science [1] or a coerced false confession [2]...if the drama that managed to propel this bumbling case this far forward doesn't result in at least a HBO miniseries a few years from now, I will be very surprised.

[1] http://www.newyorker.com/magazine/2009/09/07/trial-by-fire

[2] http://www.thisamericanlife.org/radio-archives/episode/507/c...

I write this knowing how bad of an idea it is but it still is a gut reaction so I will say it. Find a way to move him to Oakland and get him to be on the YC Basic Income experiment. I bet the learning to YCR from this would be extremely high, given I feel like fixing the prison system will probably be on their agenda for future research.
I take back my terrible suggestion. His family is down there and there should be no reason he moves away from them.
It would pretty much ruin the experiment if they allowed volunteers.
I've read about halfway through it and I'm just appalled. They prosecuted Jennings for the sole reason that they had no idea how to find the actual killer. But someone had to pay, and Jennings was the least unlikely suspect that they actually knew how to find (though they had to wait for him to come home from serving in Iraq!).

This conviction is a black mark on the record of the great State of California. And it really shows the dangers of listening too closely to victims and their families, who are (understandably, in their pain) often much too quick to fixate on a suspect. Yes, they wanted justice for their daughter -- I get that. But true justice required finding the actual killer. Putting an innocent man in prison is not justice for anybody.

BTW I've chipped into the GoFundMe campaign.

There are many organizations around the country that supply free business attire to people in need. In New York City, where I'm based, main one is "Dress for Success" and in Baltimore there is "Success In Style". I'm sure there is something similar in Clint's area. There might be a directory these organizations online OR just call up either of the ones I mentioned, I bet they could connect you to a place that would help.
Clothing: Thrift stores. Specifically, if you go to the church thrift stores and you say "We are trying to help him get back on his feet" they will often give you a discount and/or some clothes for free.

Jobs: Side gigs on craigslist. Lawn care, concrete, helping people move...you can look on craigslist and find these. It's not perfect, but it's -some- cash flow until he can find someone willing to hire.

Transportation: There are enough funds to get an old car for probably around $1k or less just to start out. Can resell it later and get something better once he gets more stable. But it will provide transport to side gigs and worst case a roof over his head. I've had to sleep in my car more than a few times.

Hollywood, maybe? Netflix made a series on Steven Avery that created an enormous amount of attention to that case. Him being in the army, coming back to his country, being arrested for a activity that he didn't do, spending 11 years behind the bars and finally being released as an innocent man is a great story to tell. Since hollywood is running out of stories these days that could be an option. Hell, maybe Netflix would want to tie this to the next season of "Making a murderer"?
It might be a naive question, do you know if Steven Avery or his family came away from those TV shows with some money?
Don't know those details but his lawyers obviously worked with Netflix on creation of the series. It would be hard to imagine that there was no compensation involved.
Also on a different note, investing a little money/time on creating an emotional video and posting it on social networks might help on advertising the GoFundMe campaign thus generating more funds.
I read the articles a bit, but I didn't find any information on who the real killer was. Are there any leads?
Yes, but I can't talk about them because it's part of an active investigation.
Also, was there one piece of evidence that really proved he couldn't have done it? I read a bunch of it, and it sounds like you can't prove anything beyond a reasonable doubt, but that he still might have done it (meaning, there just isn't much to go on).
Your comment might be read to imply that he shouldn't be exonerated unless proven innocent, but giving the benefit of the doubt I expect you're just wondering whether the evidence does in fact prove innocence, or whether it was simply shown not to prove guilt beyond a reasonable doubt (both of which should result in exoneration). I'm curious myself.
I know and agree he should be exonerated if the "beyond a reasonable doubt" standard can't be reached. I was just curious if there was some evidence that showed that he was factually innocent.
1. There was no evidence of Ray's guilt. Zero. Nada. Every single accusation is refuted point-by-point in our letter to the DA's office, which I invite you to read.

2. There was physical evidence that directly exonerated Ray, including the the negative results of the gunshot residue test on his uniform, and the absence of pseudo-stipling on his pants.

3. There was overwhelming circumstantial evidence pointing to Ray's innocence. For example, the prosecution could never explain why he would have brought an unregistered 9mm firearm to work in the first place. Nor could they explain why, after committing the murder, he would have stayed at the scene and called the police.

4. There is significant evidence pointing to the guilt of a different individual, which will be revealed once the current active investigation is finished.

Basic good looking comfortable outdoor/indoor clothing from thrift stores suitable for job interviews.
Basic simple cheap outdoor/indoor clothing that is suitable for job interviews. See if you can find it at goodwill. Merino sweater, patagonia jacket or old wool suit, glasses, toothbrush, good backpack, from thrift store.
A lot of colleges and churches will lend people suit jackets and or leather shoes for job interviews. That really helps people, just make sure they feel comfortable and warm/cool enough and don't smell bad for job interview.
If he is in the LA area, he is not far from San Diego. You can get there by bus, inexpensively, by taking local (commuter) buses instead of the Greyhound. I spent over 3 years homeless down there. Here is my blog about resources in San Diego county: http://sandiegohomelesssurvivalguide.blogspot.com/

The North County is cheaper and has more open land for stealthily camping.

I also do freelance writing and one of my newest blogs covers that. It is linked from that blog specifically, but here is the direct link: http://writepay.blogspot.com/

That doesn't mean that what worked for me in specific will work for him in specific, but it is a place to start.

If he is a veteran, he may also be entitled to free medical care and access to other military services, though I don't know how his conviction impacts that. I believe felons cannot get food stamps, so there may be a lot of things he cannot access until after things are completely cleared up legally. In the mean time, he can go to soup kitchens and the like for a meal.

My homeless blog takes the position that an individual's agency is incredibly important. A lot of charity is done in a really harmful manner. I am not the only person to have that idea. I recently tripped across a book titled "Toxic Charity." So I try like hell to blog about what a person can access without having to sell their soul, lose their dignity, give up their agency and so on. That limits what is available, but I think it preserves things that really matter.

Best of luck.

It gives me a weird feeling that you're trying to profit and become rich off of homelessness. But, this is HN so... I guess its to be expected.
I started the blog solely to help keep track of information for myself. I abandoned it for several months when I first left downtown San Diego and went to the north county. I even posted a "Goodbye" post. Then, weirdly, even without updates or any promotion whatsoever, it was getting organic traffic. I discovered this because of the occasional few cents here and there showing up on my Adsense account from the site.

Since the major city and the county have the same name and I was still in the county, I decided to make it a countywide resource to the best of my ability.

It is shockingly hard for a homeless person to find the information they need online. I have had a college class on how to do online search and sometimes have difficulty finding things online so I can get an address and phone number even when I know for a fact they exist.

Most websites for homeless service providers are not intended to be client facing. They are intended to impress potential donors. They typically do a poor job of telling needy individuals what they need to know.

So, there is demand for the info. I assure you, I am not getting rich off of it. One of my Achilles heels is that I like being helpful. So, although this is, sadly, one of the most successful projects I have ever had in terms of traffic and being taken seriously as a valuable resource and making a difference in the world, it has put damn little money in my pocket.

Further, I find it galling that a homeless individual is being criticized for trying to monetize their expertise in the topic. Most of the time, I get this shitty attitude that admitting to being homeless online amounts to me trying to panhandle people. So, in other words, I am homeless, I am not allowed to merit an earned income. I am only allowed to hope for charity and ingratiate myself for crumbs. No matter how I get my money, it is inherently immoral.

And people wonder why my financial problems are proving to be so stubborn, as well as why I have such strong feelings that the wrongly convicted individual we are discussing should be allowed to pursue an income that doesn't involve making a spectacle of his misfortune.

But, this is HN so...I guess it's to be expected.

(And I say "sadly" it is one of my most successful projects in part because homelessness is on the rise nationwide. The general rise in homelessness is part of why there is demand for the info. In my case, "getting rich" would mean what? Getting off the street? How dare I aspire to such self indulgence and selfishness when there are poorer homeless people than I.)

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