NEW YORK MINUTE REVIEW: In the Shadow of Justice
There's a lot of story behind the story of the so-called Palladium shooting, so it's best to strap yourself in and fortify yourself with a strong cup of joe, because that's pretty much what will be required of those who sit through NBC's two-hour documentary on the subject Sunday night at 7. This is the story of an obsession – of the detectives who worked the case for the better part of a decade, as well as of the NBC reporter who did the same. 
David Lemus, after release in '05 (Courtesy MSNBC)
Here are just the facts: In 1990, Marcus Peterson, a bouncer at Manhattan nightclub, the Palladium, was fatally shot, and the Manhattan D.A. subsequently sought and gained convictions of the two men it argued had committed the murder, David Lemus and Olmedo Hidalgo. They went to jail, but a pair of Bronx homicide detectives, Bobby Addolorato and John Schwartz, decided to reinvestigate the case and uncovered evidence that not only exculpated Lemus and Hidalgo but also located someone they (and others) said was the real shooter, Thomas "Spanky" Morales. NBC News producer Dan Slepian followed the case, reported on its various twists and turns for both "Dateline NBC" and WNBC/4 back in 2002, and his tireless work helped win releases for both Lemus and Hidalgo.
Okay, take another sip of that coffee.
Then, the Manhattan D.A. decided that Lemus was STILL guilty and will re-try him later this year. That's the overall hook for airing this broadcast now, in the dead of summer. "In the Shadow of Justice" is billed as a "feature-length documentary," and this description is apt, insofar as this is feature length, and is conspicuously modelled after any number of films predicated on a David V. Goliath theme where power corrupts, justice is perverted, and - after the grinding efforts of average people motivated by nothing more than the belief that innocent people shouldn't be jailed - justice finally prevails. "I had faith in the system and I'll be damned if I'm gonna sit by idly on my hands and let two guys rot in jail," says Addolorato. "I gave up my career for this case and I'd do it again because it's the right thing to do." He did, in fact, give up his career for the case and is now a security guard for a New York City museum.
Another sip. And a deep breath...
"Shadow" takes viewers down a long dark hallway, with Addolorato and Schwartz as tour guides, and as far as it goes, this is an effective tour. The film asks – no, demands - that you feel their sense of blighted justice, and their sense of futility. It demands that you accept their point of view, too, and reinforces this with some powerful ballast from others involved - notably Lemus and Hidalgo (both interviewed) and a former assistant D.A., Daniel Bibb, who once argued to keep them in jail and now says on camera that he left the D.A.'s office because his bosses forced him to keep two innocent man behind bars. There's a consultant who worked on the case - Steve Cohen, who’s now chief of staff for Attorney General Andrew Cuomo - and he's got some interesting stuff to say, too: "I'll concede [the D.A.] is right 99.99 percent of the time, but if you happen to be in the .01 percent, then good luck, because you [then] happen to be David Lemus."
All of this, meanwhile, is skillfully edited into a sort of you-are-there-and-should-feel-the-pain-too" movie that is more about Addolorato's and Schwartz's obsession than the case itself. But as mentioned, someone else's obsession is someone else's obsession and probably not your’s, and it is this impassioned insistence that will leave most viewers scratching their heads before reaching for the channel changer. There's too much to digest here - too many twists and turns, too many facts, and really, too many questions left unanswered. If the D.A. still believes in Lemus's guilt, I'd like to know why. Maybe I turned away from the set in a daze now and then - Okay, I walked away in a daze - but I'm pretty certain that over two long hours no where in this film does the D.A.'s case get a full hearing. I really have no idea why they want to re-try Lemus. Blind stubbornness? Additional evidence? What?
Like most first-rate reporters, Slepian - Adam Gorfain is senior producer, Michael Nardi is field producer, and Robert Allen is editor - wants to see his story through to conclusion. And like all good reporters, he's also driven by his own sense of justice. But some viewers - me anyway - will also start to suspect he got so close to this story that he finally checked his objectivity at the door. When you become a big part of the story, as Slepian so obviously has, that’s perfectly understandable. It’s just not perfect journalism.
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Comments (11)
I am watching "In the Shadow of Justice" as I write this. It is truly a fascinating subject. I am incredibly offended at the show that I am watching. It is an important subject; but, this is very poorly done. Not worthy of a major network and a waste of my time. The people who wrote this have milked the story. They have 30 minutes worth of story and have padded it and stretched it to two hours! This makes the History Channel look good.
I watched the show, and found it as riveting as an hour-long fictional drama or two hour made-for-TV film. I felt both sorry for the cops who kept getting stonewalled and the ADA who had to toe the line and present the case as mandated by the district attorney. It even had a "half-a-loaf" ending, like on NBC's "Law and Order," with one person being deported to his home country and the other staying here, but about to be tried later this year.
I found this story incredibly compelling. It reiterates to me why I cannot support the death penalty. It is so disgusting to me how the DA's office could stand by and let time pass on these innocent young men's lives. People unfortuanately just don't care until it happens to them... thank goodness there are decent people out there (Addolorato and Schwartz) giving a voice to these young men. I just wish more people would notice the huge injustices that too often occur and stand up like these detectives did.
Bobby Addolorato is a hero in my eyes
I watched the show with horrid fascination. I shouldn't be surprised though. I spent 23 years with the New York state police, most as an investigator, putting guilty people behind bars. I am now spending much of my retired time trying to get innocent Marty Tankleff freed. Ironically, Marty's story will be featured again this Saturday on CBS 48 Hours. In some ways, Marty's unlawful conviction is even more egregious than Lemus's. In Marty's case, the lead detective who had already been cited by the SIC for perjury, was acting in concert with the actual murderers. Wait until the public finally understands the full implications of that. I applaud the 2 NYPD detectives who followed their consciences. After all, those of us who are silly enough to believe that we will be judged in the next life, know it more important to serve God than man.
Bobby Addolorato gives faith in the system. Not such the system itself, but that there are people in the system that are morally and ethically bound, as well as persistent according to a moral certainty. The system is without question adversarial in nature. That is the DA and the PD are against the defendant. Bobby Addolorato's maverick predisposition of ethics, and morality, is intrinsically an anomaly among the states adversarial inclinations. The prosecuting DA seemingly was not bound by morals and ethics, but bound by the adversarial disposition that advances itself, irrespective of unique justice. This is where the system fails. Protecting itself drives the Manhattan DA, whereas Bobby Addolorato is driven by truth. It is comforting to know that such characters exist in the system. Yeah Bobby and company!
I was disgusted to see how the manhattan DA handled that case.
The real question now is , how many more men and woman are rotting in our prisons for crimes they did not committ. We must all support legislation which holds police and prosecutors liable criminally and civilly for misconduct and for withholding evidence.
God bless these two cops, they are true american heroes. As for the Manhattan DA's office, many of you deserve to be in Jail to live through what all the innocent inmates live through every day.
I have never heard of this case until tonight when it aired on MSNBC (2/3/08) and it is a shame I haven't. This program just kills me inside to see how sickening human beings can be. I am also someone who has been wrongfully convicted. We filed an appeal with a vast amount of evidence to clear me, including a confession, but sadly, my lawyer says I only have a slight chance of it getting overturned. I faced a ridiculous amount of corrupt officials- from cops to DAs to judges... the list goes on. Although my expenses for my case were enormous, I guess you can actually call me lucky because my damages were mostly financial and I am free. God bless the detectives and Mr. Cohen for doing the right thing here in Lemus' case. They are like saints in my eyes. It really hits home to see the innocent be freed and hopefully one day justice will serve me also. I hope America realizes what really goes on out there someday. Prosecution procedures need a huge transformation- the whole system does. One day these monsters will be judged and their punishment will make a prison look like a vacation. Then we will all have a laugh, won't we? Rot in hell you sick fuckers.
To Bobby----a real hero
Your efforts in the David Lemus trial have given me the incentive to give money to the Innocence Project re David Protess. If you have another organization that is a 501 c3 please e-mail me. Thank you in advance. Once again you are a hero. Although I now live in Lake Tahoe, I was born and raised in the Bronx, so the story has much meaning.
Mark
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