26-Year Secret Kept Innocent Man In Prison

This story was originally broadcast on March 9, 2008. It was updated on May 23, 2008.

This is a story about an innocent man who languished in prison for 26 years while two attorneys who knew he was innocent stayed silent. As correspondent Bob Simon reported earlier this year, they did so because they felt they had no choice.

Alton Logan was convicted of killing a security guard at a McDonald's in Chicago in 1982. Police arrested him after a tip and got three eyewitnesses to identify him. Logan, his mother and brother all testified he was at home asleep when the murder occurred. But a jury found him guilty of first degree murder.

Now new evidence reveals that Logan did not commit that murder, something that was not new to those two attorneys, who knew it all along but say they couldn't speak out until now.

Alton Logan's story cuts to the core of America's justice system.

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Simon met Alton Logan in prison, where he's spent almost half of his life.

Asked if he still counts the months and days, Logan told Simon, "There's no need to count the months and the days. Just count the years."

Logan said that during the first five or six years he was "consumed" by anger. "Then I come to the realization that 'Why be angry over something you can't control?'"

Logan, who maintains he didn't commit the murder, thought they were "crazy" when he was arrested for the crime.

Attorneys Dale Coventry and Jamie Kunz knew Logan had good reason to think that, because they knew he was innocent. And they knew that because their client, Andrew Wilson, who they were defending for killing two policemen, confessed to them that he had also killed the security guard at McDonald's - the crime Logan was charged with.

"We got information that Wilson was the guy and not Alton Logan. So we went over to the jail immediately almost and said, 'Is that true? Was that you?' And he said, 'Yep it was me,'" Kunz recalled.

"He just about hugged himself and smiled. I mean he was kind of gleeful about it. It was a very strange response," Kunz said, recalling how Wilson had reacted.

"How did you interpret that response?" Simon asked.

"That it was true and that he was tickled pink," Kunz said.

"He was pleased that the wrong guy had been charged. It was like a game and he'd gotten away with something. But there was just no doubt whatsoever that it was true. I mean I said, 'It was you with the shotgun-you killed the guy?' And he said, 'Yes,' and then he giggled," Coventry added.

The problem was the killer was their client. So, legally, they had to keep his secret even though an innocent man was about to be tried for murder.

"I know a lot of people who would say, 'Hey if the guy's innocent you've got to say so. You can't let him rot because of that,'" Simon remarked.

"Well, the vast majority of the public apparently believes that, but if you check with attorneys or ethics committees or you know anybody who knows the rules of conduct for attorneys, it's very, very clear-it's not morally clear-but we're in a position to where we have to maintain client confidentiality, just as a priest would or a doctor would. It's just a requirement of the law. The system wouldn't work without it," Coventry explained.

So that was the dilemma. They couldn't speak out, they felt, but how could they remain silent?

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[1337proleet]

Obviously, this is hypocritical. There's SOOOO much those two attorneys could have done. They could of convinced Wilson to confess, potentially offering him a lighter sentence if necessary.

If it was one of those two attorney's sisters or mothers or close family members, they would have treated that differently. They would not have so adamantly held attorney-client privilege so steadfastly.

The truth is they had no problem letting another man spend his time in prison. They were desensitized and unsympathetic to Logan's situation. But... I could be wrong, it could be a lot more grey than that. After all, they did come forward eventually.

[pacmanhighscore]

my cousin and his gf got accused of murdering their baby. the hospitial lied about what they saw when it was brought to the hospitial. there were no evidence whatsoever in the trial. the hospitial lied and called the cops. no evidence in the trial. what really happen was the baby sitter dropped the baby on her concrete patio and never told anyone. she finally spoke up after the jury went out. but the judge said he was just gonna file him guilty . so they got 20 years for a crime they didnt commit. now where is the help for the innocents. its sad we have people like this running things in our court system. where is their help???

[scottbergher12]

Everyone is entitled to his/her own opinions. Regarding the above article, I believe the above mentioned suspect David Baylor is a cruel and cold hearted individual, who is a worthless human being who deserves to rot in jail. Justice was truly served when he was convicted. He has caused pain and agony to the families and loved ones of the four victims. He has also caused pain and sorrow for a list of many other individuals, specifically to the friends, family, and loved ones of Hamid Shabazz. I personally know Hamid Shabazz, who has been wrongfully charged, and is currently waiting to go on trial in the matter of State vs Hamid Shabazz.

It is known that Prosecutors are capable and have coerced pleas, which in effect can or has been known to be the cause of wrongful convictions. Unlike Hamid Shabazz, many of the other suspects in the case have concocted their accounts of what they witnessed on the night of the murder in return for personal favors and plea deals from the Passaic County Prosecutors office. "The practice of having people admit to what did not happen in order to avoid charges for what did happen creates a legal culture that elevates fiction over truth." For example, when examining statements given to Paterson Police Department by the suspects who later became state witnesses, there are contradictions to be found when later asked the same questions. Such examples are as to whether or not Hamid Shabazz was seen wearing a mask, seen carrying a gun, his whereabouts at the time of the shooting, the description of what he was wearing, etc. When examining this case, there are many grey areas that leave us with unanswered questions. For example, on the night of the murder, an individual, Maurice Fabors aka "Easy" who was a relative of the convicted shooter (David Baylor) was also present at the afterhour. He was never detained by Paterson Police Department for questioning regarding his involvement and he never gave a statement. It is not logical and unclear how a suspect, who is related to the convicted killer can be overlooked and never questioned.

Also, additional factors that raise many questions are the manner in which Paterson Police gathered/handled evidence against Shabazz and coerced witnesses and suspects. There are possibilities of credible physical evidence and the possible suppression of evidence by the prosecutors that if revealed, might lead jurors to acquit Shabazz.

Unfortunately, due to the high profile status of this case, it seems as though the Prosecutor's conviction rate is more important then Hamid Shabazz's right for a fair trial to prove his innocence. "It is often said that Americans live under the rule of law. It is closer to the truth to say that Americans live under the rule of regulators."

"We've learned in that past that confessions can be false, witnesses can be mistaken and evidence can be misleading." Wrongful convictions of innocent people occur every year. "Putting an innocent person in jail is the legal equivalent of a plane crash."

"GIVE HAMID SHABAZZ A FAIR CHANCE "

[becca43110]

these lawyers think they did the right thing but it's truly sickening. NOTHING can justify an innocent man being in prison for 26 years. nothing. i may not be a lawyer but i do know the difference between right and wrong. other lawyers may say that they are bound by the law to keep the secret but no matter all the legal jargon and rules they throw at us, it still doesn't make what they did right. i hope that after seeing cases like this, the law can be changed somehow so that this same thing won't happen to other innocent men.

it's frustrating because i always thought that one of the american tenets was 'innocent until proven guilty' but that obviously wasn't the case here. it's alarming how easily we can just throw an innocent man in jail (or even give him the death sentence). i wish lawyers had to take a class on morals and ethics. what these two men did was not right, no matter how they try to justify it. i think our legal justice system is very flawed and too many innocent people are allowed to be hurt because of all these technicalities in the law. what may work for some cases may not work for all. they try to generalize cases with all these technical laws but they have to realize that sometimes, the laws shouldn't be so cut and dry. it needs to allow some flexibility or ambiguity for the unusual cases.

i truly hope that the man will be compensated millions and millions for his unrightful incarceration. and maybe even from those two lawyers' own pockets

[anniemck]

The sad part is innocent parties are still sent to jail in 2010. How do you explain to a 23 year old found guilt of Home Evasion and sent to jail when they know that they we at home in bed asleep.

[misslili2009]

if you all was in the legal business you would understand why the lawyers kept this a secret for so long. its not their fault its the priciple of the lawyer cliet privilage. they did what they was supose to do. they had to get permission from their client to release the information. even t hough it is wrong to know that the person is gnt guilty but its not up to the laawyers to decide what happens

[DianeGirl]

I think everyone is being very unfair to the lawyers. Yes, what happened to Alton Logon was terrible, but the lawyers did what they could. If they had violated their client's confidence, the information would have been inadmissable in court and so wouldn't have done Logon any good at all. They would have tanked their careers to salve their guilt without helping the man at all.
Obviously, Logan didn't get much of a trial to begin with and someone needs to take a look at the three so-called eyewitnesses that said he was the guilty one. Blaming the lawyers is just looking for a scape-goat.
Just a thought.

[ivehadit9]

Now, the least they can do is to delete Alton Logan's name from the prison records so that Mr. Logan can start life anew.

[elanshutz]

A law is needed to allow lawyers to go to the judge with "privileged" info in these rare cases. The law also needs to allow the judge to free innocent prisoners and announce that no further prosecution will be allowed because it would violate the attorney-client privilege. E. Anshutz, Tampa

[buscari]

Since our system is not based on truth, but the ability of one attorney to be trickier/smarter than the other, we will continue to get results *** the above.

Some attorneys recuse themselves, if they have a moral conflict with their client. (These guys say they did NOT have a moral conflict.) I am glib they will have the money and ''friends'' to get them off, should they be in the same position some day.

OVERVIEW: Because our system is unjust, crime and injustice have sky-rocketed in our country. Our system was created to rid us of justice for the rich and punishment for the poor. But the checks and balances are not there. It is well-known that someone who commits a crime, will continue escalating until held responsible, humbled and re-educated (if they are rehabilitatable). If they are not, then they deserve to be monitored and/or imprisoned for the rest of their lives. Allowing them to not be held responsible (or to buy out by bargaining)

Freedom is an earned/given right...because...a person is reared/educated into a socially responsible human being, not simply because he was born.