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But it was far from over for Whitmore. In a
series of appeals and denials, his case crawled through the criminal
courts at a snail’s pace. After three trials on the Borrero mugging
and three convictions, two of which were overturned, there was always
hope for a third reversal. The Minnie Edmonds murder trial had ended
in a hung jury and the Wylie-Hoffert indictment had been dismissed in
1965. Whitmore’s attorneys persisted and less than seven months after
his last conviction, they succeeded in getting Whitmore out of prison
temporarily while his case could be re-heard on technical issues. The
court wanted to review the fairness of the “show-up” identification at
the seven-three on the night of April 24, 1964.
Again, a long period of affirmations and appeals
continued for several years. Whitmore was returned to prison and sent
to Greenhaven in upstate New York. In 1971, the State Court of
Appeals, on a vote of 4 to 3, upheld his conviction on the mugging
charges. But in the dissenting opinion, the judges showed their
extreme distaste for the entire affair. One judge denounced the
“strange triple confessions with their odor of instigation” by the
police. Another judge wrote that “the case against Whitmore is a
hopeless one” and that official “misconduct and ineptitude” was a
major factor in the Whitmore prosecution. It was a stinging criticism
of the police and the D.A.’s office.
But judges weren’t alone in their belief of
Whitmore’s innocence. A newspaper reporter named Selwyn Raab, who had
written extensively on the story for the New York’s
Journal-American, continued to investigate the matter. In 1972, he
re-interviewed police and witnesses connected to the case. He
discovered that Elba Borrero made pivotal contradictory statements to
some of her relatives. Raab took written statements and submitted
those affidavits to the Brooklyn D.A.’s office.
This new information placed Borrero’s
identification of Whitmore in serious doubt. D.A. Eugene Gold said the
evidence “renders the case so weak that any possibility of conviction
is totally negated.” Gold made a request to Brooklyn Supreme Court
that Whitmore be released immediately from prison. The court agreed
and on April 10, 1973, George Whitmore Jr. was freed from prison for
the last time.
“I feel it’s just beyond expressing,” he told
reporters, “I’m overwhelmed!” But not everyone was happy. One
prosecutor pointed out that three separate juries had found Whitmore
guilty in three trials. By freeing Whitmore, he said, “Mr. Gold had
undermined the very integrity of the judicial process and dealt a
devastating blow to law enforcement.” Nevertheless, Whitmore headed
home to Wildwood, New Jersey.
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