USD Magazine, Winter 2000

Judge Sarokin and Rubin "Hurricane" Carter share a laugh after a screening of the new film based on Carter's life. Below: Carter displays the championship belt awarded him after his release from prison.

Career's story is enough to make the stoutest lawyer shudder. Ar rhe peak of his boxing career in 1966, he was charged with the shootings of four patrons (three of whom died) in a Paterson, N .J., bar, the strongest evidence being the testimony of a convicted felon who was standing lookout on a nearby burglary. The witness fingered Carter in exchange for leniency, changing his story repeatedly throughout the course of the trials. Carter, meanwhile, was nor identified as the gunman by any of the surviving witnesses, passed a lie detector rest, and testified before a grand jury, which refused to indict him. The prosecution's theory on why a famous professional boxer making $100,000 a year would walk into a bar and murder its patrons was racially based: Carter was black, the victims white. In 1966, during the height of the civil rights movement, it was enough for a jury to convict. "They had to prove a motive, and a black person had been killed earlier by a white man in a fight over money," says Sarokin, who rook issue with the racial motivation in his opinion freeing Carter. "And here was Rubin Carter, the most recognized per– son in Paterson, N.J., and you had to ask rhe question , 'why wo uld someone who everyone knew and recognized shoot four total strangers?' " When the case landed on Sarokin's docker, he was only vaguely aware of its notoriety. Several books had been written, including one by Carter while in prison. Singer Bob Dylan recorded "Hurricane" to bring atten– tion to the prosecution's wobbly case. Boxer Muhammad Ali called for his release, and various actors and celebrities lobbied for a new trial. Yer rhe notoriety always faded. And Carter's hopes faded along with them. Until a group of tenacious Canadians Jed by a teenager who read Career's book turned up new evidence that was presented to Sarokin. The judge spent three months poring over 10,000 pages of documents before rendering his decision. It was not met with enthusiasm from his colleagues.

Lyrics from Bob Dylan's "Hurricane" Four in the momin' and they haul Rubin in, Take him to the hospital and they bring him upstairs. The wounded man looks up through his one dyin' eye Says, "Wha'dyou bring him in here for'? He ain'tthe guy!"

"The decision haunted me a bit when I was nominated to the Court of Appeals," Sarokin says. "They dubbed me 'Let 'em Free Lee' because of Rubin's case." Sarokin is portrayed in the film by actor Rod Steiger, best known for his role as the southern sheriff in "In The Heat of the Nighr," also directed by Jewison. Bur Jewison was willing to try out Sarokin for the part, flying him to Hollywood to screen rest as himself. "I thought I had rhe part," Sarokin says, "but they picked Rod Steiger, and I can't complain. He's a bit more of a draw than me." Sarokin admits he was somewhat disap– pointed in his portrayal, which he thought came off as "arrogant, " counter to his career of culturing patience while on the bench. "And I never used a gavel once," he says of Steiger's poetic-license gavel-pounding near the end of the film. Sarokin occasionally speaks publicly throughout the country with Carter, who heads the Association for the Defense of the Wrongfully Convicted. The pair discuss the growing trend in capital murder cases to seek rhe death penalty at all costs, and the rel ucrance of the courrs to approve the writ of habeas corpus, which can overturn death sentences. "Congress and the Supreme Court have raised the bar for the writ of habeas co1pus so high, few can hurdle ic," Sarokin says. "If Rubin's case were appealed today, Rubin Career would still be in prison." Ir is a fact rhac is not Jose on Career, now 63. "These few words gave me back my life," Carter says of the writ Sarokin approved. "We forget chat human Jives are actually affected by the law. Lawyers and judges have the power to make a difference, they can save lives." +

Yes, here'sthe story of the Hurricane, The man the authorities came to blame For somelhin' that he never done. Put in aprison cell, but one time he could-a been The champion of the world. Now all the criminals in their coats and their ties Are free to drink martinis and watch the sun rise While Rubin sits like Buddha in aten-foot cell An innocent man in aliving hell. That'sthe story of the Hurricane, But it won't be over till they clear his name And give him back the lime he'sdone. Put in aprison cell, but one time he could-a been The champion of the world.

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WI NTER 2000

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