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Staff Spotlight
Hope Restored: Mark's Reflections On The Armando Ortiz Case
The Armando Ortiz case was a pivotal moment in Mark Broughton's career as an attorney. The following is Mark's reflections on the 2008 case, the Innocence Project that redeemed Armando's innocence, and the impact it had on Mark personally and professionally. In his own words...
How did you become involved in the Armando Ortiz case?
In November 2007 the Superior Court appointed me to a retrial of a murder case. It just happened to be the case for Armando Ortiz whose wrongful conviction was reversed only a few days earlier. Interestingly I had been in court that same day with an intern and a young attorney and we personally witnessed the celebration outside the courtroom right after the judge's decision. We even chatted with the folks from the Innocence Project who had worked on the case and won the victory for Armando.
What did you learn were the reasons for Armando's wrongful conviction?
Firstly, I sincerely believe that the fundamental duty of a lawyer is to aggressively represent each and every client with all the resources and experience he has to protect and preserve their constitutional rights. In Armando's case his trial attorney, who passed away not long ago, failed terribly on this particular occasion in his duty to his client. Specifically he had failed to contact witnesses whom he knew about and who had a credible alibi for Armando. I also learned that he hadn't generated any expense on investigation. This astounded me.
I also discovered that the prosecutor during the trial had informed the judge on the record that he had spoken to the witnesses and found them not to be credible. The truth was that the DA's office had never interviewed these witnesses. If they had they would have known that Armando had an alibi. This is one of the other main factors that led to Armando's wrongful conviction: terrible police work and investigation, and a prosecution that was interested only in getting a conviction rather than finding the truth.
How did the people from Innocence Project help you with Armando's case?
Following my appointment to Armando's retrial, I contacted his appellate lawyers and the Innocence Project folks who had worked on it. They were very helpful in directing me to the key points of the case. Perhaps, above all, they all were completely convinced Armando was totally innocent. I hear this all the time, but this was different. There was something compelling in the way they talked about Armando and the case. It got me focused, and committed from the outset. And those same folks continued to support my efforts throughout the whole process of bringing Armando's case to trial again. We were all thankful when, in June 2008, the District Attorney finally decided to drop all charges against Armando in the case. It was an amazing day, and a much deserved redemption for Armando.
One thing that still sticks out to me now is how committed they were, not only to Armando and his case, but to "the cause" - men and women who have been wrongfully convicted in this country for crimes they didn't commit. I cannot overstate the depth of admiration I have for the Innocence Project and the work they do.
Have there been any additional developments in Armando's case?
We were back in court for Armando in March 2011. All the time while Armando has been in prison, the Department of Corrections (CDC) has been collecting restitution (for burial expenses and other costs related to the death of Manar Jaber, whose murder Armando was wrongfully convicted of) and fines and such from his account, even after the reversal and dismissal. We had to go back to court to have the order of dismissal corrected by the judge. I am advised that Armando will be given full credit for all the money that was taken from him all this time. It should also be pointed out that the Innocence Project was there for Armando again. I made the official appearance, but they did the work. They never give up.
How has the Armando Ortiz case impacted you personally and professionally?
I think of that day and those people and Armando quite often.
When it's all over, I can say that one time in my life, for one guy and his family, I was able to participate in correcting a wrong and to bring about justice. It is easy in the criminal process to lose hope, to feel defeated, to feel as if one can no longer make a difference, to feel that the system is so big and rife with prejudice that one has no chance at all at achieving justice. Taking a step back, it seems that there is a purpose in the universe, and that we all play a part in it even though we may not know or appreciate it at the time. And then I think of Armando and I remember why I am doing this. He has given to me much more that I gave to him. And I feel a resurgence of strength, a renewal of faith. My hope is restored.
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