Wrongfully Convicted Black Man (Michael Austin) who spent 27 Years in Prison for a Murder he didn’t Commit to Get Only $1 Million Payment from MD
From [HERE] Maryland's Board of Public Works on Wednesday approved a payment of nearly $1 million to a Baltimore man who spent 27 years in prison for a murder he did not commit. It is the second payment that the man, 73-year-old Michael Austin, has received for the time he spent behind bars. {MORE]
According to Centurion, Michael Austin spent 27 years in prison, falsely convicted of killing Roy Kellam in a Baltimore City grocery store robbery on April 29, 1974. Michael had nothing to do with the murder or the robbery. Michael’s family hired an attorney to represent him but the attorney was confused by the trial calendar and was not prepared for the trial. He explained that to the Judge, but the trial began as scheduled, and to Michael’s detriment. His attorney did not subpoena witnesses to support Michael’s alibi, or question another eye witness. He made other errors as well.
Michael was convicted on two pieces of evidence: false testimony from the State’s key eye witness, and a business card from Michael’s wallet linking him to an alleged accomplice. The eye witness described the shooter to police on the day of the crime as much shorter than Michael but he selected Michael from a photo array over a month later and identified him in the court room during the trial. Another eye witness who never selected Michael from photos or a lineup was not called to testify. The alleged accomplice was found not guilty at his own, later trial, making the card that linked them irrelevant.
The errors and injustices at his trial sent Michael to prison. The complicated appeals system wherein multiple courts reviewed separate aspects of Michael’s case without examining the overall fairness of the trial kept him in prison despite his innocence. Michael gained the support of many unlikely and influential people, as he struggled to regain his freedom including the Mayor, the prosecutor in his case, Joseph Wase, and the Prison Warden who noticed and supported Michael’s interest in music.
Centurion’s investigation discovered new evidence that led to a March 23, 2001 Motion to Reopen Post Conviction. In ruling on the motion, Baltimore Circuit Judge John Carroll Byrnes reversed the conviction of Michael Austin calling it “plagued by errors” and writing that, “Our capacity to right a wrong is a measurement of our true commitment to due process and justice as a State.” On January 3, 2002, the Baltimore States Attorney decided not to retry him and dismissed all charges. On November 17, 2004, in a further attempt to correct the wrongs against him, the Maryland Board of Public Works approved a $1.4 million compensation package for Michael.
Today, Michael is a successful jazz and blues musician who has released multiple albums and performs for audiences throughout the country. He also offers music programs to Baltimore City middle school students living in underfunded communities.