By Steve Weinstein
By Devon Maloney
By Tessa Stuart
By Alison Flowers
By Albert Samaha
By Jesse Jarnow
By Eric Tsetsi
By Raillan Brooks
Supporters of 21-year-old O'Neil Walker label his predicament a disgraceful case of racial profiling. Just before graduation this spring from Middlebury College in Vermont, the African American senior from the Bronx was thrown out of school for allegedly entering a classmate's dorm room last winter without permission.
Nothing was taken, and nobody was hurtexcept for Walker and his good reputation.
In April, the school held a private hearing and suspended Walker indefinitely for "behavior unbecoming of a Middlebury College student." In early May, that ruling was upheld by an appeals board. Both hearings were closed to the public. School officials insist that they have strong evidence, but Billy Murphy, a Baltimore lawyer brought into the case by the father of Nolan Weltchek, one of Walker's classmates, tells the Voice, "It was a kangaroo court. No lawyers were allowed in, and the burden of proof was set very low."
A last-ditch attempt by Walker to get a court injunction against his suspension failed, and he was left on the outside, looking in.
Last week, while many of Walker's classmates were heading to beach homes and celebratory trips abroad, Walker was sitting in his mom's tiny apartment in the Bronx. Hyacinth Newby works as an attendant to the elderly; her son would have been the first in his family with a college degree.
"They threw him out like garbage," she says. "It really hurts, it's really painful. I'm proud of my son anyway."
He still intends to go to law school. Sad, but composed, Walker says, "I just want the degree I've put years of work into. That's the important thing now."
Students from modest backgrounds like Walker's are far from the norm at Middlebury, where annual tuition, room, and board are more than $40,000. Still, each year the college in west central Vermont, a five-hour drive from New York City, accepts about 10 freshmen from New York City public schools through an arrangement with the Posse Foundation, a nonprofit group that identifies exceptional high school seniors and connects them with high-powered liberal-arts colleges. Walker, with his solid academic record and exotic extracurricularscoed cheerleading and membership in a nationally known dance troupe, for examplewas of typically high-quality Posse stock.
Many of Walker's classmates thought so. At the May 22 Middlebury graduation ceremony, during which 544 graduating seniors (among them 11 African Americans) got to celebrate, about 100 students backed up their support by attaching labels with Walker's name to their robes and clothing. At least as many people protested the exclusion of Walker from the ceremony as protested Rudy Giuliani's commencement address.
"This place is apathetic as shit," says Nolan Weltchek. "This place is full of rich white kids that don't care about anyone, so for people to get riled about something is a big deal."
"This has been a serious miscarriage of justice, for I am innocent of all charges brought against me," O'Neil Walker wrote to Middlebury's Judicial Appeals Board in April. "I was raised by a single mother in a Christian household which instilled in me the values of honesty, integrity, and respect. I have always played by the rules . . . for the past three and a half years I have been an upstanding member of the Middlebury College community."
Walker also tried to make his case on specifics. "It is important to understand up front how thin the evidence was that convicted me despite my innocence," he wrote. "I was charged with intrusion into five rooms. The occupants of four of the rooms thankfully were honest and have consistently testified that they could not say that I was the intruder. Only one personDavid Hawkinsidentified me as the intruder into his room. However, Mr. Hawkins, who is Caucasian, originally identified three other African Americans in the [college's] face book as possibly being the intruder."
In fact, Walker's troubles began not on campus but in a nearby store at the start of the spring semester, when he and his friends were approached by a student he says he only vaguely recognized from living in the same dorm complex.
"Hey, aren't you the guy who was in my room a couple weeks ago?" Walker remembers the athletic-looking, blond senior saying. "Yeah, it is you! You're the one!"
With that, Walker's life went south: David Hawkins fingered him to school officials as the black male who had entered his room and crashed on the floor without invitation one night. The college administration attempted to link an assortment of other unsolved trespassing cases to Walker, including a charge involving sexual touching. Ultimately, none of those charges stuck. But after the two closed hearings, Walker was found guilty of what amounted to being in Hawkins's room uninvited. Walker was not only suspended "indefinitely," he was also given 24 hours to pack up his dorm room and get out. He's not allowed on campus.
Months later, David Hawkins stands by his story. "I gave my testimony in the hearing and I stand by everything I said," Hawkins tells the Voice from his parents' home in northern Virginia. "I am not a liar."
Attorney Murphy says no one is accusing Hawkins of anything. Identifications can be sincere but false, says Murphy, and because it is particularly easy for people to misidentify faces across racial lines, ID experts are often hauled into courtroomsin the real world.