Racism Cited in Murder Trial : ‘Hurricane’ Carter to Go Free as Judge Upsets Case

A federal judge ruled today that former middleweight boxing contender Rubin (Hurricane) Carter can be released from jail, saying his 1977 triple murder conviction was based on “racial stereotypes” and errors by the prosecution.

U.S. District Judge H. Lee Sarokin granted the 48-year-old Carter a writ of habeas corpus, in effect overturning his conviction in the retrial of his case along with that of alleged accomplice John Artis in the 1966 shooting of a bartender and two patrons in a Paterson tavern.

The case sparked national attention in 1976, when Carter and Artis’ first conviction was thrown out. Celebrities, including Muhammad Ali and Bob Dylan, helped raised about $600,000 for a defense fund.

The alleged racism in the case was detailed in Dylan’s “The Ballad of Hurricane.”

The unusual writ allows Carter to apply immediately to Sarokin for release on bail from Rahway State Prison. Artis was paroled in 1981.

A hearing on release was set for Friday.

Bail would only be required for Carter if state prosecutors decide to appeal Sarokin’s ruling to the U.S. 3rd Circuit Court of Appeals. If the Passaic County prosecutor’s office declines to appeal, Sarokin is likely to free Carter, defense lawyers said.

Sarokin’s decision does not bar Passaic County officials from seeking another trial of Carter and Artis, although it would be their third prosecution in the case.

Sarokin ruled Carter’s and Artis’ convictions were based “upon an appeal to racism rather than reason and concealment rather than disclosure.”

Authorities contended that Carter and Artis--both black--shot up the predominantly white Lafayette Bar and Grill on June 17, 1966, as retaliation for the shooting of a black man earlier in the day.

“The jury was permitted to draw inferences of guilt based solely upon the race of (the defendants),” Sarokin wrote.

Carter was sentenced to three life sentences, two of which were to be served consecutively. He would have been eligible for parole around the year 2000.

Carter was once considered a top contender to the world middleweight crown, losing a 15-round decision to champion Joey Giardello in 1964.