Trial
Conway appealed to the court to have either
Charles Garry or
William Kunstler, two attorneys who consistently represented party members, represent him at his trial. Both lawyers had offered their services free of charge. The court, however denied Conway’s request. Instead of lawyers of his own choosing the court appointed a lawyer who performed no pre-trial investigation and never met with Conway. Conway therefore chose to absent himself from much of his January 1971 trial.
Prior to the trial, Johnson had confessed to the police, naming Powell and Conway as the ones who shot Officers Sager and Sierakowski. According to court testimony, Johnson stated he fired into the air because "I didn't have the heart to kill the pig." Johnson later refused to testify against Conway and claimed his statement was coerced.
The state’s case was one based partially on the evidence of a photo identification made by Officer Nolan. In an effort to strengthen their case, the state called one Charles Reynolds, a known
jailhouse informant. He testified that while he shared a cell with Conway prior to trial, Conway confessed to him. However, as was verified by the court transcript, Conway protested greatly when Reynolds was placed in his cell because everyone knew he was an informant. One of the points that proved to be key to the truthfulness of Reynolds was the fact that Reynolds was told by Conway that he had taken Officer Sierakowski's watch, a fact that was not released by the police during the investigation.
Finally, the ballistic evidence connecting the weapons to the murders also played a significant role in the trial. After hearing all of the evidence, the jury convicted Conway of the murder and both he and Powell were sentenced to life in prison. Both men appealed and the appellate court upheld the convictions.
Controversy
There are several controversies involving the trial and conviction of Conway. The trial took place just two years after the 1968 Baltimore riot, the use of the photo line-up was questioned and the reliability of the jailhouse informant was brought up. In addition, Conway fired two lawyers, the first (Nelson Kandel) over trial strategy differences and the second one that was appointed to represent him and who Conway refused to cooperate with. Conway requested that his cellmate, attorney Arthur Turco, be appointed to represent him. Turco requested bail to be able to do so, but both of these requests were denied. Conway claims to have been a
political prisoner.
Later Life and Popular Movement
During his imprisonment, Conway earned three college degrees, started a literacy program, and was an "exemplary" prisoner. During the entire time, Conway maintained his innocence. In February 2001, the Baltimore City Council passed a resolution urging the Governor of Maryland to pardon Conway, over the strident protests of police officers. Conway has written a book on his life,
Marshall Law: The Life & Times of a Baltimore Black Panther, that was released on April 4, 2011. After an appellate court ruled that his jury had been given improper instructions, state prosecutors agreed to change his life sentence to time served and probation, and Conway was freed on March 4, 2014.
