Jahmir spent a total of 8 years in prison, for murder, until finally, at the age of 31, it was determined that the evidence against him was flimsy at best, and he was released.
In 2013, Jahmir, 23, was arrested and charged with the murder of a 45 year old man from the same South Philadelphia neighborhood. Two years later, he was convicted of first-degree murder and sentenced to life without parole. His conviction was based on the testimony of one single eyewitness who saw the shooting, and the face of the killer, for only a few seconds. His conviction occurred despite the fact that this eyewitness gave conflicting evidence about whether there were one or two shooters. In addition, security cameras at the scene, which did not show the shooters face, showed that the shooter was holding the gun and shooting with his right hand. Harris is left handed.
Social scientists have demonstrated through studies since the 1960’s that eyewitness-identification testimony can be extremely problematic. The pliable nature of human memory and visual perception makes eyewitness testimony one of the most unreliable forms of evidence. In fact, studies have shown that mistaken eyewitness testimony accounts for about half of all wrongful convictions. (constitutional rights foundation)
Jahmir went in voluntarily for questioning when requested to by the police; they held him for 3 days. During this time they did not allow him to call his lawyer, nor did they allow him to eat. He was handcuffed to a chair and one officer hit his head and face during the questioning. He had to sleep on the floor. There were 3 different detectives questioning him - the one who hit him was African American and has been investigated in the past for such behavior. According the the Philadelphia Inquirer, this Detective, James Pitts, “has been accused of slamming people into walls, choking them, punching them in their heads, and leaving them handcuffed to a chair for hours.” Pitts has since been put on desk duty while an investigation into his behavior in other cases takes place.
It was in appealing Jahmir’s conviction that Tammy and Jermaine found a prominent criminal defense attorney in Philadelphia. This was, in fact, a family decision made after much research and discussion. They appealed to the Philadelphia District Attorney’s Conviction Integrity Unity, an organization which, as part of the DA’s office, investigates and reviews convicted offenders’ claims of innocence. This can also be a lengthy process, as the CIU receives a vast number of submissions for review. In reviewing the case, prosecutors made some disturbing discoveries. Cell phone records showed that Harris was miles away from the crime scene at the time of the shooting. In addition, evidence contained in the homicide report actually pointed to a different suspect.
The Judge involved in the case, had agreed in January of 2021 to vacate Harris’ conviction, citing the failure on the part of the trial prosecutor to disclose relevant information. But she would not actually drop the charges until March - meaning Harris remained in jail during that period. The exoneration was agreed to by BOTH the DA’s Office and the Defenders Office. Yet still the Judge refused to express support for Harris, or remorse for his wrongful imprisonment. Instead, she lashed out at the District Attorney’s Conviction Integrity Unit for their handling of this case.
After being set free, there was talk of possible financial restitution for Jahmir. There is no amount of money, however, that can make up for those years that have been lost. There is nothing that can replace the time that could have been spent with family, with loved ones. Jahmir will never see his brother Jahmil again; he can never recapture those moments they would have spent together. When I met Jahmir, I was struck with what a gentle man he is - quiet and soft spoken. He loves to read. He loves his family. The group portrait of Jahmir shows him in the embrace of his Mother’s love, with the memory of his brother, and the joy of his niece. What it does not show is the terrible trauma that he carries with him, every day now; it does not show the anger and pain he has buried deep within him. It can not possibly show the terrible damage that has been done to him, and so many others, by a judicial system steeped in inequality and racial injustice.
Hand embroidered batik; 52 x 60 inches