Tawana Brawley rape allegations

Origins of the case

On November 28, 1987, Tawana Brawley, who had been missing for four days from her home in Wappingers Falls, New York, was found seemingly unconscious and unresponsive, lying in a garbage bag several feet from an apartment where she had once lived. Her clothing was torn and burned, her body smeared with feces. She was taken to the emergency room, where the words "KKK", "nigger", and "bitch" were discovered written on her torso with charcoal.

A detective from the Sheriff's Juvenile Aid Bureau, among others, was summoned to interview Brawley, but she remained unresponsive. The family requested a black officer, which the police department was able to provide. Brawley, described as having an "extremely spacey" look on her face, communicated with this officer with nods of the head, shrugs of the shoulder, and written notes. The interview lasted 20 minutes, during which she uttered only one word: "neon". Through gestures and writing, however, she indicated she had been raped repeatedly in a wooded area by three white men, at least one of whom, she claimed, was a police officer. A sexual assault kit was administered, and police began building a case. Brawley provided no names or descriptions of her assailants. She later told others that there had been no rape, only other kinds of sexual abuse. Forensic tests found no evidence that a sexual assault of any kind had occurred. There was no evidence of exposure to elements, which would have been expected in a victim held for several days in the woods at a time when the temperature dropped below freezing at night.

Public response

Public response to Brawley's story was at first mostly sympathetic. Bill Cosby offered a $25,000 reward for information on the case, while Don King pledged $100,000 toward Brawley's education. In December 1987, over one thousand people, including Nation of Islam leader Louis Farrakhan, marched through the streets of Newburgh, New York, in support of Brawley.

Brawley's claims in the case captured headlines across the country. Public rallies were held denouncing the incident and racial tensions climbed. When civil rights activist Rev. Al Sharpton, with attorneys Alton H. Maddox and C. Vernon Mason, began handling Brawley's publicity, the case quickly took on an explosive edge. At the height of the controversy in June 1988, a poll showed a gap of 34 percentage points between blacks (51%) and whites (85%) on the question of whether she was lying.

Sharpton, Maddox, and Mason generated a national media sensation. The three claimed that officials all the way up to the state government were trying to cover up defendants in the case because they were white. Specifically, they named Steven Pagones, an Assistant District Attorney in Dutchess County, New York, as one of the rapists, and called him a racist, among other accusations.

The mainstream media's coverage drew heated criticism from the African-American press and leaders for its treatment of the teenager. They cited the leaking and publication of photos taken of her at the hospital and the revelation of her name despite her being underage. In addition, critics were concerned that Brawley had been left in the custody of her mother, stepfather and advisers, rather than being given protection by the state, and that she was used as a pawn by adults who should have protected her:

State law provides that if a child appears to have been sexually molested, then the Child Protective Services Agency is supposed to take jurisdiction and custody of that child. Now, Tawana Brawley was 15 at the time of the incident. If that had been done... early on, the agency would have given her psychiatric attention and preserved evidence of rape, if there was evidence, and Mason and Maddox would have been deprived of their pawn.

Grand jury hearings

Under the authority of New York State Attorney General Robert Abrams, a grand jury was called to hear evidence. On October 6, 1988, the grand jury released its 170-page report concluding Brawley had not been abducted, assaulted, raped and sodomized, as had been claimed by Brawley and her advisers. The report further concluded that the "unsworn public allegations against Dutchess County Assistant District Attorney Steven Pagones" were false and had no basis in fact. To issue the report, the grand jury heard from 180 witnesses, saw 250 exhibits and recorded more than 6,000 pages of testimony.

In the decision, the grand jury noted many problems with Brawley's story. Among these were that the rape kit results did not indicate sexual assault. Additionally, despite her claim of having been held captive outdoors for days, Brawley was not suffering from hypothermia, was well-nourished, and appeared to have brushed her teeth recently. Despite her clothing being charred, there were no burns on her body. Although a shoe she was wearing was cut through, Brawley had no injuries to her foot. The racial epithets written on her were upside down, which led to suspicion that Brawley had written the words. Testimony from her schoolmates indicated she had attended a local party during the time of her supposed abduction. One witness claimed to have observed Brawley's climbing into the garbage bag. The feces on her body were identified as coming from her neighbor's dog. Brawley never testified.

Possible motives

Much of the grand jury evidence pointed to a possible motive for Brawley's falsifying the incident: trying to avoid violent punishment from her mother and her stepfather, Ralph King. Witnesses testified that Glenda Brawley had previously beaten her daughter for running away and for spending nights with boys. King had a history of violence that included stabbing his first wife 14 times, later shooting and killing her. There was considerable evidence that King could and would violently attack Brawley: when Brawley had been arrested on a shoplifting charge the previous May, King attempted to beat her for the offense while at the police station. Witnesses also described King as having talked about his stepdaughter in a sexualized manner. On the day of her alleged disappearance, Brawley had skipped school to visit her boyfriend, Todd Buxton, who was serving a six-month jail sentence. When Buxton's mother (with whom she had visited Buxton in jail) urged her to get home before she got in trouble, Brawley told her, "I'm already in trouble." She described how angry King was over a previous incident of her staying out late.

There was evidence that Brawley's mother and King participated knowingly in the hoax. Neighbors told the grand jury that in February they overheard Glenda Brawley saying to King, "You shouldn't have took the money because after it all comes out, they're going to find out the truth." Another neighbor heard Mrs. Brawley say, "They know we're lying and they're going to find out and come and get us."

In April 1989, New York Newsday published claims by a boyfriend of Brawley's, Daryl Rodriguez, that she had told him the story was fabricated, with help from her mother, in order to avert the wrath of her stepfather. Writing about the case in a 2004 book on perceptions of racial violence, sociologist Jonathan Markovitz concluded "it is reasonable to suggest that Brawley's fear and the kinds of suffering that she must have gone through must have been truly staggering if they were enough to force her to resort to cutting her hair, covering herself in feces and crawling into a garbage bag."

Aftermath

The case exposed deep mistrust in the black community about winning justice from legal institutions. Some opinions remained fixed despite the overwhelming evidence. Legal scholar Patricia J. Williams wrote in 1991 that the teenager "has been the victim of some unspeakable crime. No matter how she got there. No matter who did it to her—and even if she did it to herself." These comments aroused controversy as well; Sue Sherry responded to Williams in her book Beyond All Reason: The Radical Assault on Truth in American Law, writing "The radical multiculturalists seem unable or unwilling to differentiate between Brawley's fantasized rape and another woman's real one. Indifference to the distinction between fact and fiction minimizes real suffering by implying that it is no worse than imagined or self-inflicted suffering." On May 21, 1990, Alton H. Maddox was indefinitely suspended by the Appellate Division of the State Supreme Court in Brooklyn after failing to appear before a disciplinary hearing to answer allegations regarding his conduct in the Brawley case.

In 1998, Pagones was awarded $345,000 (he sought $395 million) through a lawsuit for defamation of character that he had brought against Sharpton, Maddox and Mason. The jury found Sharpton liable for making seven defamatory statements about Pagones, Maddox for two and Mason for one. The jury deadlocked on four of the 22 statements over which Pagones had sued, and it found eight statements to be non-defamatory. In a later interview, Pagones said the turmoil caused by the accusations of Brawley and her advisers had cost him his first marriage and much personal grief.

Pagones also sued Brawley. She defaulted by not appearing at the trial, and the judge ordered her to pay Pagones damages of $185,000. The $65,000 judgment levied against Al Sharpton was paid for him in 2001 by supporters, including attorney Johnnie Cochran plus former businessman Earl G. Graves, Jr. In December 2012, the New York Post reported that Maddox had paid his judgment of $97,000 and Mason was making payments on the $188,000 which he owed. Brawley reportedly had not made any payments. The following month a court ordered her wages garnished to pay Pagones.

In a 1997 appearance, Brawley maintained she did not invent the story; she still had supporters. In November 2007, Brawley's stepfather and mother, in a 20th-anniversary feature for the New York Daily News, contended the attack happened. "How could we make this up and take down the state of New York? We're just regular people," Glenda Brawley said." They said they had asked New York State Attorney General Andrew Cuomo and Governor Eliot Spitzer to reopen the case. They also said that Brawley, who has converted to Islam, would speak at any legal proceedings. As of 2013, Brawley lives in Virginia, under a new name, where she works as a nurse.

In popular culture