A Cleveland judge declared Ru-El Sailor wrongfully imprisoned Monday, almost 20 years after Sailor was convicted of a murder that the prosecutor, court and Sailor all now agree he did not commit.
The conviction was overturned in 2018 after an investigation by the Cuyahoga County Prosecutor’s Conviction Integrity Unit found Sailor was not at the scene of the shooting when it occurred.
The official declaration of wrongful imprisonment from Cuyahoga County Court of Common Pleas Judge Sherrie Miday paves the way for compensation from the state.
Sailor is now entitled to close to $53,000 for each year spent behind bars.
“The facts are undisputed and clear,” Miday told Sailor, who sat with his attorney, Sarah Gelsomino, wife, Amy Catherine, appellate attorney, Kim Corral, and two-year-old daughter. The viewing area was filled with Sailor’s supporters.
“Mr. Sailor had nothing to do with this crime. He should have never been arrested. He should have never been indicted. He should have never been tried. And he should have never been sentenced,” Miday said.
Sailor was sentenced to a life sentence, with a possibility of parole after 28 years, for the 2002 shooting death of Omar Clark. Sailor’s co-defendant, Cordell Hubbard, said during sentencing that Sailor wasn’t involved.
Sailor was convicted on testimony from other men who said he was involved, but Sailor says were forced to testify.
I also feel like people should be held accountable for their actions when you’re dealing with wrongful convictions. Maybe it’ll stop happening, judge. It happens way too often. And there’s nobody on the other side being held accountable and maybe that’s why it keeps happening like that.Ru-El Sailor
“I was only involved in this case because other people had perjured themselves before, I wouldn’t even have been arrested,” Sailor said in court Monday. “I also feel like people should be held accountable for their actions when you’re dealing with wrongful convictions. Maybe it’ll stop happening, judge. It happens way too often. And there’s nobody on the other side being held accountable and maybe that’s why it keeps happening like that.”
Sailor’s appeal became a part of the 2017 contest for Cuyahoga County Prosecutor. The previous prosecutor, Tim McGinty, declined to have the Conviction Integrity Unit review the case. During the campaign, his successor, Michael O’Malley, promised to reverse that decision.
The unit conducted a 15-month investigation before asking the court to vacate Sailor’s conviction.
Last week, the external members of the Conviction Integrity Unit resigned from their spots on a board tasked with helping the prosecutor’s office review cases for possible exoneration. They cited a years-long lack of activity.
Miday closed Sailor’s wrongful imprisonment hearing with an apology.
“An apology seems empty and may be disingenuous,” Miday said. “The most important thing is vacating your conviction and securing your release. Mr. Sailor, on behalf of this court, I extend a sincere apology for what you have endured for the last 18 years.”
