GUILTY UNTIL PROVEN INNOCENT
‘In 1989, 22 people were exonerated.
Last year, that number peaked at 149.’
Business Insider, Australia
If you’ve found your way to my blog before, you’ll know I’m
on a constant search for truth and justice and after countless hours of my
favourite podcasts; Australian True
Crime, Casefile, or True Murder, I decided to try some true crime of the visual
variety. On Saturday, I settled in to binge-watch the Netflix Original docuseries
TIME: The Kalief Browder Story (thanks
for the suggestion, Netflix!); what a jarring, terrifying and incredibly
powerful story revealing the corrupt nature of the U.S. criminal justice system.
Interestingly, Browder’s story was eerily familiar; each new detail echoed a
story brought to light in the podcast Wrongful Conviction with Jason Flom – The Actual Innocence of Fernando Bermudez. However,
Browder’s story affected me in way that Bermudez’s could not. With archival
footage or audio, interviews and similar stories, the two mediums both weave a
story of injustice, but only one has true insight - TIME: The Kalief Browder Story clearly defines what is wrong with
the criminal justice system.
The stories of these two men are almost identical. Co-produced
by rapper Jay Z and actor Nick Sandow (Orange
is the New Black); TIME: The Kalief
Browder story is a six-part docuseries that chronicles Browder’s
arrest and time in jail. Arrested at 16 in
New York City, 2010, Browder is charged with theft and despite multiple changes
to the witness statement, he is sent to infamous Riker’s Island to await trial.
Wrongful Conviction is the brainchild
of Jason Flom, born out of an intense relationship with The Innocence Project in America.
Fernando Bermudez’s story is eerily similar to Browder’s – police arrest
him on the streets of NYC in 1992; Bermudez falls victim to prosecutorial
misconduct and is sent to Riker’s Island to await trial. While there, though
many years apart, both men experience violent beatings, starvation and are treated
as 'guilty until proven innocent' by a corrupt system. Their stories drift apart,
however, when Browder is released after four years and Bermudez serves
eighteen.
While both stories have equal merit, podcasts and
documentaries have inherent differences when it comes to technique. There are many obvious limitations when it
comes to storytelling in a podcast; without the visual aspect, the medium relies
on music, archival audio clips and good storytelling to reach the
listener. Wrongful Conviction attempts to make the most of the medium with
its theme song; a melancholy piano riff overlaid with soundbites from exonerees
and Flom rarely interviews more than one guest at a time, focusing on one
perspective. The stories are punctuated with audio clips taken from news
reports; though at times it is hard to connect with the story, simply due to
the fact that you cannot see their faces.
On the other hand, documentaries have an unlimited number of
techniques available to them. The Kalief Browder Story utilises almost
every single one; interviews, re-enactments, location shots – the list goes
on. The technique that without doubt
reflects the truth of the criminal justice system though, is the archival
footage. Straight from Riker’s Island, the footage reveals extreme violence;
wilful, unfettered destruction, and corrupt correctional officers and there is nothing more
damning than cold, hard CCTV. The
footage is undeniable proof that Browder’s story is true; the system is broken.
There is absolutely no way that Wrongful
Conviction can compete with this, despite the 5 star rating.
 |
| Fernando Bermudez |
With many excellent reviews, Wrongful Conviction gives a voice to the unjustly accused. Fernando Bermudez was a victim of police
misconduct and his story focuses on the illegal identification process which
found him guilty of murder, along with perjured testimony. Due to the more
conversational style of delivery, the story is at times hard to follow and
Bermudez’s many years in the court system are glossed over very quickly. It is impossible to really connect with the
injustice that he has suffered, or to get a real sense of what it feels like to
be caught up in the criminal justice system.
 |
| Kalief Browder |
In stark contrast, Browder’s story is immediately
clear. The docuseries outlines the many
injustices that the 16 year old faced over his years in the system, from
multiple court adjournments to obvious racism.
The creators have managed to document the years of stalled proceedings
by providing court documents and whistle-blower testimony. With so much
corroborating evidence, you cannot walk away from the docuseries without a clear
understanding of the flaws in the criminal justice system. In the words of
Browder himself ‘this happens every day and I just feel like it’s gotta stop.’
The true crime wave is peaking as audience interest is
reaching an all-time high. While Wrongful Conviction is on the featured
list, there is no way an audio-based podcast can compete with the classic
documentary. The podcast is worth a listen if you would like to hear a positive
story about justice being served, but if you want to understand how the United
States criminal justice system really works, then cancel your plans this
weekend; you must watch TIME: The Kalief Browder Story. Jason Flom works within
the limitations of podcast techniques to some degree, but Browder’s story truly
takes you on an intense journey, directly into the terrifying reality of the
U.S. criminal justice system. To physically see the heartache on a mother’s
face as she remembers the day her son was wrongfully arrested; or the actual footage of a prison beating is
something that stays with you well after Netflix asks ‘are you still watching?’
If you’re obsessed with true crime like I am, but haven’t
quite ventured into podcasts yet, check out the list below of my absolute
favourites. Post a comment and let me know what you think!
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