I worked with the late Dr. Rubin ‘Hurricane’ Carter from 2004-2014 when he passed away from advanced prostate cancer. We wrote Eye of the Hurricane: My path from Darkness to Freedom (Chicago review Press, 2011), together and I took over as director of Innocence International upon his death. In October, 2014, we were able to free David McCallum of Brooklyn after 29 years of incarceration. Work continues on the case of Atif Rafay and Sebastian Burns, wrongly convicted of murdering the Rafay family in 1994. We also helped to exonerate Atiba Dauzart of Lafayette, LA.
Other publication credits include Songs of Aging Children (Arsenal Pulp Press, 1992) a book of short stories about troubled youth, and Taking Steam, a play co-authored with the late Brian Shein, staged at New York’s Jewish Repertory Theatre and Toronto in 1983. Life Without (Quattro Books, 2012), reflects the past ten years of work in the wrongful convictions field. Finally, in 2018, I wrote “Freeing David McCallum: the Last Miracle of Rubin ‘Hurricane’ Carter” (Chicago Review Press), which details the step by step process that it took to gain David’s release.
I was born in New York City, lived in the Bronx as a child and grew up on Long Island, both in Long Beach and Rockville Centre. As an undergraduate, I attended the University of Vermont and moved to Toronto in 1967 to attend graduate school (English literature) at the University of Toronto. There, I met my future wife, Mary Ellen Belfiore, and became a part of a wide friendship network that included both Canadians and ex-pat Americans. We now live in Vancouver, BC.
Atif Rafay and Sebastian Burns are murderers.
You are despicable for even trying to find them innocent.
Maybe you should study the law – in particular section 182 of the Canadian Criminal Code.
Despicable? That’s a little harsh. Why would defending a person you think is innocent be a despicable act? The people who killed the Rafay family are despicable.
Judge not others before yourself. Did you graduate from law school? If so, then it might be helpful to read the cases that interpret the criminal code. If not, then it isn’t that easy to judge a case from the outside. Our system only works when justice works.
I agree with Ken here. To begin, this is not a case that is subject to 182 of the Canadian Criminal Code–if it occurred in Washington State, it would involve Washington law.
Second, in the United States, the standard for proving criminal guilt is “beyond all reasonable doubt.” Most people envision this as a scale that tips more to the guilty side than innocent–and that is an enormous part of the problem. Criminal culpability is a scale lopsided by sand on the guilty side, with a bb on the other. But most get this wrong.
Third, when a person is on trail (or incarcerated beforehand) they are innocent. Unfortunately we say “until” proven guilty–which preconditions jurors and the public to thing–guilt is inevitable i.e. it’s just a matter of time “until” they’re guilty. We should say–innocent ‘unless’ proven guilty. I frequently advise for jury instructions that explain this.
Fourth, where defendants who are young, from different cultures, and thrown into aggressive interrogations–they do a number of different things that don’t make sense. But for prosecutors if you act ‘normal’ they argue it is contrived. If you act abnormal, they say you were defensive. If you’re bouncing off the walls–they say you were ‘psychopathic.’ The bottom line–no matter what you say or do or how…once prosecutors believe they have their person…they seldom look anywhere else or at anything that might indicate you didn’t do what they’ve decided you did.
As an accused person, you are prosecuted by a team that leverages the entire investigative and prosecutorial force of the government. And prosecutors stand to lose nothing by being wrong. An accused faces life in jail. And when prosecutors do bad things to prove they’re right–even if they’re wrong, they’ve nothing to lose. An accused person will be lucky to hire a single attorney and investigator.
In short–the odds are against you. Very against you. And if we accept the American justice system on its face–even a guilty person should not go to jail if the State can’t prove they are guilty. It shouldn’t be that way.
The number of people exonerated by full disclosure of evidence, DNA, and folks with a passion for honest criminal justice is staggering. Unless you’ve dug into the facts and the law…please spare those that do your uninformed opinions or personal attacks.
This is all ‘required’ reading, Gabe. I wanted to comment on language here as being so crucial to the legal process. Just as ‘verdict’ is taken by law enforcement in its original Latinate meaning, ‘Speak truth’, when ‘truth’ is sometimes a matter of individual perception, I think you’re right when you demonstrate the subtle distinction between ‘until’ and ‘unless’. That is another way the law is used to presuppose guilt while, at the same time, pretending to be even-handed. I’ve never thought of this particular issue and I thank you for bringing it to my attention.
They are innocent. They were immature and acted inappropriately after the murders because of all the media attention they received. What’s despicable is the fact that people like u won’t allow ur brain to see deeper into things; that u allow the narrative to be pushed into acting as ur own thoughts and beliefs. Study more on the case and I would like to think u could and would come to a different conclusion. I believed the narrative for a while, as well, but once I shut all of that out of my thinking and dug deeper in the case, it became clear to me that these boys..now men..did NOT do it.
I have been home since 1971
But I have been wronged and need advice on how to proceed in getting justice for the wornged that has been committed on me.
As to advice, Carlos, that’s difficult in this situation. If you made a guilty plea, short of finding the real murderer or a recanting witness or DNA evidence, it will be next to impossible to find the justice that you seek. And you are no longer in prison so innocence projects won’t get involved. The only practical advice I’d give you–because it would be right in any circumstance–is to get on with your life as best you can and not get entangled any further with the legal system. That will bog you down and destroy even more years. Build something positive, even if that involves helping others who have experienced similar tragedies.
Hello. I just wanted to let u know my heart breaks for these boys. I know they are innocent. Coming from a Canadian who knows how corrupt the police are.. if there’s ANYTHING I can do, please email me.
Sarah.
Check out the website rafayburnsappeal.com. Simple ways to keep the ball rolling. All are important and any one thing would be appreciated.
Thank you, Sarah
Ken,
Never respond to negativity.
2.) Thank you so much for all you have done for these two men.
3.) my heart sank at this injustice I learned of today.
4.) I will go to your other website now. Please write me back. I’m so thankful to learn about your fight for the freedoms of others.
I’m sad.
Hugs to you,
M
Thank you, Mary. It fills me with sadness too when I think of all the years that have been stolen from these two. Rubin used to call wrongful imprisonment criminal: “kidnapping and forcible confinement”. Those responsible will have this case on their consciences for the rest of their lives, try as they might to convince themselves they did the right thing. Their justifications have never held up because they are demonstrably false.
Ken
Yes, agreed. The judge and jurors in this case….horrible horrible. The only relief I get is that the Netflix series is putting so many people behind Sebastian, Atif and their families. WE LOVE YOU GUYS.
I agree. I had not heard of this case until 5 minutes ago after seeing it on netflix. It was clear the documentary was shot with an agenda of showing their innocence but i looked past that and simply looked at the evidence (or lack there of) and I cant say that im surprised at the verdict with its geographical location, but rather suprised not one person on the jury, nor the judge, could see past the flashy defense attorney and that the confessions given even on the video, contradict themeselves, where the clothes went, where the bat came from etc. Anyone with an iq over 85 should have been able to see that the confessions didnt line up yet that is what convicted these two. Stupid mistakes by scared kids with a cocky attitude. Not cold blooded killers. Would certainly love to have their address’ to send a letter of support.
Thanks, Tang. Take a look at rafayburnsappeal.com for people to write to, mainly Dan Satterberg, the Prosecuting Attorney for King County. Atif’s and Sebastian’s addresses:
Atif Rafay 876362
Washington State Reformatory B-121
PO Box 777
Monroe, WA
98272-0777
Sebastian Burns 876360
Monroe Correctional Complex SOU
PO Box 514
Monroe, WA
98272
They’ll be happy to know that you support them.
Ken
My daughter and I were friends of Rubin’s and AIDWYC. What an incredible human being.
Reading *The Eye of the Hurricane * was not only mesmerizing because it is so well written, but so many stories in this book, Rubin told me personally. He was my daughters mentor. She is now a criminal defense attorney BECAUSE of Rubin. After Rubins passing, she had the opportunity to go back to Toronto to a convention and be reunited with John Artis.
When I started this book, and Rubin was describing his garden in Delaware St, I used a photo of that exact garden I had taken years ago, in 2001, when we picnicked with him amongst the beauty.
Thank you for this book.
Rubin will live always in our hearts and mind.
Bravo Sir
Hi Debbie,
This is one of the most welcome notes I’ve ever received and, for that, I can only thank you. He was a great man, a difficult one but also brilliant and spiritual. I miss him to this day and certainly not a week goes by when my wife and I don’t find something that reminds us of him.
Ken
I am watching about the Rafay murders. Your comment about how the kids acted after the murders caught my attention. Is it possible to get your contact information? I have a case I’d like to discuss with you.
Thank you
If you didn’t get my previous reply, I was calling your attention to the Amanda Knox case with regard to judging by outward appearances.
Ken, is ur son single? Asking for a friend. Lol. Loved the film project, btw. What a beautiful man/soul David is. All of u who loved and helped him, as well. Keep fighting the good fight. May God bless u and urs always.
Hi April,
Ray is married and has one child.
David McCallum is that special kind of person who enters a life and makes you understand that the world has potential for good. The gift he gave to us exceeds, or is equal to, the gift we gave to him.
Ken