The Columbian
Thursday, May 20, 2004
Woman freed after
wrongful theft conviction
By JEFFREY MIZE, Columbian staff writer
A 24-year-old Vancouver woman who spent more than three months in jail was
freed Wednesday after a judge agreed she had been wrongfully convicted of
shoplifting.
District Court Judge Vern Schreiber overrode Reshenda Strickland's Feb. 13
conviction and ordered her released from the Clark County Jail Work Center.
Strickland had received a six-month jail sentence.
Schreiber's ruling came after City Prosecutor Josephine Townsend reviewed
the store's surveillance videotape and concluded that Starlisha Strickland,
Reshenda's 21-year-old sister, actually committed the crime.
The National Association for the Advancement of Colored People took on the
case and hired an attorney to represent Reshenda Strickland.
"The system failed Reshenda Strickland," Earl Ford, president of the NAACP's
Vancouver branch, said after Schreiber's decision. "If we had not intervened
and gotten this case before the court at some cost, she might still be in
jail.
"All this victory says today is if you can pay for it, you can still get
justice. And that's something fundamentally wrong about our system."
Ford believes race played a role in the conviction of Strickland, who is
black.
"Folks say we all look alike," he said. "I think that happened in this
case."
Lou Byrd, an attorney hired by the NAACP to get Strickland out of jail,
echoed Ford's comment.
"We don't all look the same," he said. "That girl is at least two shades
lighter than the defendant.
"There was a process to reverse the outcome, but it took a while," Byrd
concluded. "Justice was ultimately served."
Townsend, however, isn't sure race was a factor.
Townsend said Reshenda Strickland has a mole above the right side of her
mouth that her sister does not have, something Townsend spotted by examining
the videotape frame by frame.
"If two people closely resemble each other, there is a chance that people
are going to confuse them," she said. "I don't think it comes down to race.
I do think it comes down to looking at what evidence was and was not
presented.
"The system has faults," she said. "Juries and people are not perfect."
In this case, an all-white jury deliberated for less than an hour before
finding Strickland guilty of shoplifting from TJ Maxx, 8101 N.E. Parkway
Drive.
The jury watched the store's surveillance tape and heard testimony from
Kathy Hanna, the store's manager, and Dawn Porter, a loss prevention
officer. Both testified they were "100 percent" certain that Strickland had
stolen baby shoes and other items from the store on March 21, 2003.
Strickland was not arrested that day. She was later charged with
third-degree theft and fourth-degree assault for allegedly pushing Porter in
a confrontation outside the store.
At trial, Hanna testified that she recognized Strickland because she had
made several large returns, without receipts, prior to March 21, 2003.
Schreiber, citing Strickland's past theft convictions, sentenced her to six
months in jail.
"You've gotten your hands slapped in the past; it didn't work out,"
Schreiber told her during sentencing. "This time you're going to sit it out.
You're going to get the 180 days."
Strickland was represented by Jason Bailes, a court-appointed attorney,
during her trial.
Bailes didn't call any witnesses. Instead, he asked the jury to compare his
client with the woman on the videotape.
"It's as simple as that," Bailes said during closing arguments. "Does the
tape prove that is her?"
Bailes later told The Columbian that he advised Strickland to encourage her
sister to confess to the crime. Two other women, both of them relatives of
Strickland who had been present during the March 2003 incident, didn't show
up to testify at the trial, he said.
Starlisha Strickland, during an earlier interview with The Columbian, said
she had been staying in Atlanta and didn't even know her sister had been
charged.
"I'm not going to let my sister sit in jail for something I've done," she
said.
Starlisha Strickland confessed to the crime before Schreiber on Wednesday
and was taken into custody. Bail was set at $1,500.