Sean Washington

I.The conviction

Charge

Murder, Conspiracy, Illegal Use of a Weapon

Year convicted

1996

Sentence

60 years to life

Time served

Nearly 25 years (arrested March 21, 1995 — released February 11, 2020)

What contributed to the conviction

The case rested on a single eyewitness, Denise Rand, who was under the influence of crack cocaine at the time of the shooting and gave inconsistent testimony at trial about what she saw and who she was with. Sergeant Washington's own 911 call reporting the bodies went unidentified for nearly two decades and was never turned over to the defense. His trial lawyer testified at a later hearing that he did very little to investigate Washington's account, never interviewed the witnesses Washington named, and never consulted a forensic pathologist or firearms expert.

II.Exoneration

Year exonerated

2020

What led to exoneration

Starting in 2011, the Last Resort Exoneration Project at Seton Hall Law School re-investigated the case and obtained the 911 call recording, which multiple witnesses identified as Washington's own voice reporting the bodies. Forensic pathologist Dr. Michael Baden and firearms expert Lucien Haag testified that bullet trajectories, ricochet "bow effect" scoring, and soil mineralization on the recovered bullets showed Wilson had been shot while lying on the ground — directly contradicting Rand's trial testimony that she saw the victims shot while standing and running. On December 26, 2019, the Appellate Division of the New Jersey Superior Court unanimously vacated both convictions, finding the new evidence "powerfully undermines" Rand's account. The Camden County Prosecutor's Office declined to retry the case, and a judge dismissed all charges on February 11, 2020. Washington later settled a state compensation claim for $1.25 million.

III.Evidence of innocence

1. 1. Washington made the 911 call himself

   The unidentified 911 caller who reported finding the bodies was, in fact, Washington — he had gone to a nearby pay phone and spotted the victims on the way, fearing one was his nephew. Multiple witnesses later identified his voice on the recording, and his trial defense lawyer, once played the tape, said it was "absolutely clear" it was Washington.

2. 2. A corroborated alibi never presented to the jury

   Washington's cousin, Dwight Collins, testified at a post-conviction hearing that Washington was at his mother's house cooking chicken minutes before the shooting, left to use a pay phone, and returned "very emotional" and "crying" after seeing the bodies. Several other witnesses corroborated this account, but it was never presented to the original trial jury.

IV.Newly discovered evidence

1. 1. Forensic reconstruction contradicted the eyewitness

   In 2013, prosecutors turned over discovery that included the 911 call for the first time. Forensic pathologist Dr. Michael Baden and firearms expert Lucien Haag later testified that bullet trajectories and "bow effect" ricochet scoring on the recovered bullets showed victim Margaret Wilson was shot while lying on the ground — directly contradicting eyewitness Denise Rand's account that she saw the victims shot while standing and fleeing.

2. 2. Statements undermining the eyewitness's credibility

   Two acquaintances of Denise Rand, both since deceased, gave statements that shortly after the 1996 trial, Rand told them she had not actually been present at or witnessed the murders.

V.Due-process violations

1. 1. Undocumented interrogation and photo identification

   Police interrogated witnesses Denise Rand and Tyrone Moore separately after an informant's tip, and the photo display procedure that led to Rand naming Washington and Baker was never documented.

2. 2. Inadequate trial defense

   Washington's trial attorney, Michael Kahn, later testified he did very little to investigate Washington's account: he never interviewed the witnesses Washington named, never determined a timeline of events, and never consulted a forensic pathologist, firearms examiner, or shooting-reconstruction expert.

VI.Unreliable evidence

1. 1. Sole eyewitness was impaired and inconsistent

   The prosecution's own opening called it a "one-witness case." Denise Rand admitted she had smoked crack cocaine roughly two hours before the shooting and typically smoked every two to three hours. Her trial testimony repeatedly changed on cross-examination, including who she was with, where they were standing, and which defendant she said shot which victim — she needed her own prior police statement read back to her to attribute the shootings at all.

2. 2. An unreliable polygraph used against a rival account

   Rand's cousin, Tyrone Moore, initially told police he and Rand were blocks away when they heard the shots — an account matching other witnesses. An uncredentialed polygraph examiner then issued a report concluding Moore was lying, which was used to discount his contradicting account. Rand herself was never given a polygraph.

VII.Documents

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