Zephyr Teachout Calls for DA to Send Anthony Sims Home for Christmas Ahead of December Hearing Dates

Sims was wrongfully convicted for murder 22 years ago

BROOKLYN, NY (12/06/2021) (readMedia)-- On Monday, Zephyr Teachout called for the release of a wrongfully imprisoned man, Anthony Sims, in time for Christmas. She said that the Brooklyn DA should move to vacate the conviction and dismiss the indictment this week, the last week of his hearings before the holidays.

Sims has been trying to overturn his conviction for murder for over twenty years. His petition under New York Law Criminal Procedure Law (CPL) 440 is now in a hearing in Brooklyn Supreme Court. At trial, the case against Sims rested on the testimony of one witness, Graves, who has admitted to multiple perjuries in the last two months of the hearing. The District Attorney has been actively opposing Sims' motions and standing by Graves, despite the mounting evidence of perjury, as well as evidence that the police and prosecutors hid key evidence that would have helped Sims and pressured key witnesses.

Jason Flom of the Innocence Project said recently about the case that "This is one of the most troubling wrongful conviction cases I have seen in 28 years of doing this work."

"Anthony Sims is an innocent man locked away for over 23 years for a murder he didn't commit. He was railroaded by police and prosecutors and never got a fair trial. The case against Sims depended on the testimony of a repeat liar, Graves, who can't keep his story straight on any of the key features of the murder--where he was during it, where he want after it, or when the alleged interaction that precipitated it happened. The state has failed Sims at every step, including illegally withholding key evidence that would have helped exonerate him at trial. Any further delay in Anthony Sims' release is pure agony for him and his family, and a betrayal of justice. I'm imploring the Brooklyn District Attorney to get Mr. Sims home for Christmas and exonerate him. When it comes to the credibility of the key witness against SIms, the case is closed--he is not credible. Wrongful convictions like that of Sims destroy people's lives, and undermine the integrity of the criminal justice system," said Zephyr Teachout.

"I'm calling on District Attorney Eric Gonzalez to release Anthony Sims -- who was wrongfully convicted -- in time for the holidays. Anthony has already served over two decades behind bars, despite there being overwhelming evidence that he is innocent and was denied a fair trial. Up until today, Anthony has been denied justice, but it is not too late for it to be delivered. I stand in solidarity with Anthony's family, fellow electeds, and advocates, and we will not waver until Anthony is home with family and friends, where he belongs," said Council Member Antonio Reynoso.

"At the other end of the many injustices of our carceral system are real people - individuals like Anthony Sims - who have been ripped away from their families. His case is a reminder that the carceral system does not actually exist to ensure justice or to keep us safe," said Senator Jabari Brisport.

"Innocent until proven guilty is not the mantra of Black and Brown families - especially those who don't have the resources for the award winning legal teams. As we look to a more just future for all parts of the Criminal Justice system we must prioritize cases like that of Anthony Sims," said incoming Council Member Chi Ossé.

"The case of Anthony Sims deserves to be re-examined based on the misconduct and lack of follow through by the prosecution and the NYPD. It is clear that evidence was withheld that could prove his innocence. Anthony has served 20 years for a crime that he has not been proven to have committed and should be released with an immediate investigation into the mishandling of the case," said incoming Council Member Sandy Nurse.

"Anthony Sims and his family are victims of a criminal justice system that was never designed to work for communities of color. He's had 23 years of his life taken away and missed out on his sons growing from children into men. He deserves to be home for the holidays - the Brooklyn DA must right this wrong and deliver justice now," said incoming Council Member Shahana Hanif.

Background

Anthony Sims was wrongfully convicted of the 1998 murder of Li Run Chen, a 27-year-old man who was killed by gunshot while working at a Chinese restaurant in Bushwick. At the time of the murder, Sims was a newlywed husband and father of two young sons with a steady job as a Bell Atlantic technician without any criminal record. Sims was sentenced to 25 years to life in a trial that he and his attorneys say used false testimony and improperly withheld evidence suggesting Sims's innocence.

The main eyewitness has admitted to perjuring himself multiple times, and in 2002 made a since recanted sworn statement that he was pressured by prosecutors to testify with the threat of being charged for the very murder Sims was, as well as the threat of his wife's arrest.

The prosecutor failed to disclose at least seven key pieces of exculpatory evidence, including that Graves and his family received more than $25,000 from the DA for rent and living expenses as part of a witness protection program. Most importantly, they didn't disclose a statement from an eyewitness that she saw Graves--not Sims--running out of the restaurant carrying a gun.

Sims has spent the last two decades trying to overturn his conviction in appellate courts to no avail, and in 2016, he wrote a letter to the Brooklyn District Attorney's conviction review unit (CRU) to ask them to investigate. The CRU declined to review Sims's conviction. Mark Hale, the lead prosecutor in Sims's trial, led the CRU at the time, presenting a major conflict of interest despite his recusal. Sims is currently petitioning the court to overturn his conviction and the next date in the ongoing hearing is scheduled for December 7, followed by December 9th.

The Brooklyn DA's office has the power to move to vacate Sims's conviction, dismiss the indictment, and send him home in time for the holidays. Instead, they have been actively fighting Sims in court.

About Zephyr Teachout

Zephyr Teachout is a nationally recognized constitutional law expert, anti-corruption activist, and the leading voice against big corporate monopolies threatening democracy, equity, and human dignity. She started her career as a death penalty defense lawyer, working on post-conviction cases that were in a similar posture to that of Sims. She also co-founded the Fair Trial Initiative, a program to provide fellowships to young lawyers to get defense training on significant felony cases.

Growing up in a small, rural community she learned respect for the land and people she disagreed with, but to never back down from a hard fight. A Professor at Fordham Law, she lives with her husband Nick, a public school science teacher and their 3 year old son in Manhattan where her 25 year old step-daughter visits them. Learn more on her website, available here.

Teachout launched her bid for Attorney General on November 15, 2021 with the endorsement of 30 lawmakers and leaders from across the state.

Endorsements (more to come):

Minnesota Attorney General Keith Ellison

Environmental activist Bill McKibben

Harvard Law Professor Lawrence Lessig

Ulster County Executive Pat Ryan

Assembly Member Ron Kim

Assembly Member Emily Gallagher

Assembly Member Anna Kelles

Assembly Member Phil Steck

Kingston Mayor Steve Noble

New Paltz Mayor Tim Rogers

Ithaca Mayor Svante Myrick

Hudson Mayor Kamal Johnson

Hudson Common Council Member Tiffany Garriga

UC Young Dems Michael Tierney

UC Leg Abe Uchetelle

UC Leg Eve Walter

Ulster County Dems Vice Chair & NYS Committee Member Jeff Collins

NYS Dem Committee Member Bill Barr

NYS Dem Committee Member Nejla Liias

Woodstock Councilmember Bennett Radcliffe

New Paltz Village Trustee Bill Murray

New Paltz Town Supervisor Neil Bettez

New Paltz Deputy Supervisor Dan Torres

Albany County Legislator Merton Simpson

Rochester City Council Member Mary Lupien

61st Assembly District Leader Jasi Robinson

Public Defender and Candidate for State Senate District 26 Alana Sivin

National Director, Dream Corps JUSTICE Janos Marton

Zenaida Mendez, former President of NOW-NYS

Johana Garcia, Community Leader

Justin Krebs, Community Leader

Brandon West, Community Leader

Marissa Hoechstetter, Survivor-Advocate

Leah Hebert, Workers Rights Advocate

Christian Smalls, former Amazon employee and labor activist