Latest / Wrongful Conviction / #531 Ben Bowlin with Trevor Mattis
Transcript
- 0:02Speaker 1: On September fifteenth, nineteen eighty eight, there was an argument
- 0:08Speaker 1: inside of Philadelphia rowhouse. As one party tried to leave,
- 0:15Speaker 1: the other man followed, making threats that left him fatally shot.
- 0:22Speaker 1: The victim's brother only knew one man in that party,
- 0:26Speaker 1: Trevor Mattis, but Trevor maintained that he was just a bystander.
- 0:32Speaker 1: Then another eyewitness corroborated that story. Yet this eyewitness said
- 0:39Speaker 1: something else at Trevor's trial, This is wrongful conviction.
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- 1:11Speaker 1: Welcome back to Wrongful Conviction. I'm Ben Bollen from The
- 1:15Speaker 1: Stuff They Don't Want You to Know, and once again
- 1:17Speaker 1: I'm excited to be hosting the show. In this episode,
- 1:21Speaker 1: we're speaking with our guest, Trevor Matis, who was calling
- 1:25Speaker 1: in from a Pennsylvania correctional facility to share a story. Trevor,
- 1:30Speaker 1: thanks for joining us, Aware and folks. If we're detecting
- 1:34Speaker 1: an accent here, that's because Trevor originally traveled to the
- 1:38Speaker 1: US as a student from Jamaica, right.
- 1:41Speaker 3: I came from a backgrown of working class single Pearan
- 1:45Speaker 3: household and she had her brothers, so I had an
- 1:49Speaker 3: extended family. You just run into anybody else. That's just
- 1:53Speaker 3: how it is in the community that came from properties,
- 1:56Speaker 3: almost like a community property. With Winni Switchers growing up
- 2:00Speaker 3: as an only child, a lot of times I was
- 2:02Speaker 3: with my grandmother, who was a retired teacher who I
- 2:06Speaker 3: think she instilled in me from a very early age
- 2:09Speaker 3: the love of knowledge, reading specifically, but I was drawn
- 2:15Speaker 3: to the sciences as I grew up, specifically biology. Then
- 2:20Speaker 3: I was always achieving in school without any extra.
- 2:25Speaker 1: Promping, and Trevor's academic achievement continued. His high scores on
- 2:30Speaker 1: placement tests put him in the best high school in
- 2:33Speaker 1: all of Jamaica, and soon it came time to take
- 2:37Speaker 1: the Jamaican equivalent to the SATs.
- 2:40Speaker 3: I know my mom at a single appearance. She always
- 2:42Speaker 3: told me to shoot for it without really being a
- 2:46Speaker 3: conviction that I was achieving, and in one day sure
- 2:49Speaker 3: enough came back. You have been accepted to City University
- 2:52Speaker 3: and your college. So when I got accepted, I was
- 2:56Speaker 3: another check caused a financial commitment that she wasn't really
- 3:02Speaker 3: prepared for tuition is like twice the amount of the
- 3:05Speaker 3: regular tuition when you be coming from a foreign country
- 3:08Speaker 3: or whatever. Because she always told me there's one man,
- 3:11Speaker 3: so she always had she said, I'm not rich, i
- 3:14Speaker 3: can't leave your riches, but I'm going to make sure
- 3:16Speaker 3: you get a good education. At that point in time,
- 3:19Speaker 3: because the promise was made, she found that we do
- 3:21Speaker 3: not miss a point with that note. This scramble was on, well,
- 3:25Speaker 3: who you gonna stay with housing arrangement blah blah blah,
- 3:29Speaker 3: and just extended friends and family and netwhek somewhere was
- 3:33Speaker 3: found to me that was in Queen's village. So I
- 3:36Speaker 3: ended up in Queen's going to your college.
- 3:39Speaker 1: So at this point Trevor is a pre med biology
- 3:44Speaker 1: major and he ended up graduating with honors. He is
- 3:48Speaker 1: planning to become a dentist, and he can pretty much
- 3:52Speaker 1: go to any school he wishes.
- 3:53Speaker 3: For this after I finished, was interested in one of
- 3:58Speaker 3: those schools in Philly like temp Law, University of pen
- 4:02Speaker 3: and Afferent from the neighborhood. He was actually resided in
- 4:07Speaker 3: Philadevasys to come back and forth. So he said, well,
- 4:10Speaker 3: whenever already actually should come up with him, and then
- 4:12Speaker 3: I could see with him in his apartment, and then
- 4:15Speaker 3: he was part of this community of Jamaican guys, young guys,
- 4:20Speaker 3: and I think it was doing his spring and the
- 4:22Speaker 3: summer's like somewhere around here when the weather was nice.
- 4:24Speaker 3: So usially screaming Soka dominos and as a nine young person,
- 4:30Speaker 3: initially to me, it was almost like a boys camp
- 4:32Speaker 3: because there are all these young guys, young Jamaicans, palier,
- 4:35Speaker 3: cohesive little unit and it was just a bold, fun
- 4:39Speaker 3: flirt with girls or whatever, just being a young man.
- 4:44Speaker 1: For some quick context here, it was the summer of
- 4:47Speaker 1: nineteen eighty eight, and while Trevor was enjoying this coming
- 4:52Speaker 1: of age experience, the crack epidemic had swept across many
- 4:58Speaker 1: American cities, and this also applied to Philadelphia. It appears
- 5:03Speaker 1: that some of the young men we've mentioned were involved.
- 5:07Speaker 3: I got to realize that they were involved in the
- 5:09Speaker 3: joke game, but was not right where we were seeing it.
- 5:13Speaker 3: There was just like an old hangover spot because it
- 5:16Speaker 3: was well kept. Us at one bad Jamika and elder
- 5:19Speaker 3: to us, and so we used to hang upstairs. But
- 5:23Speaker 3: jokes would be so from the base then, and.
- 5:26Speaker 1: It was soon discovered that this house on Louis Street
- 5:29Speaker 1: in Philadelphia was already under federal surveillance. The focus was
- 5:34Speaker 1: on a man named Franklin Watson. He was present on
- 5:38Speaker 1: the night of the incident September fourteenth into the fifteenth,
- 5:43Speaker 1: nineteen eighty eight, when the crew selling drugs out the
- 5:46Speaker 1: basement included a man named Kirk Crump, as well as
- 5:50Speaker 1: two brothers, Paul White and Everton Mead Johnson. Trevor showed
- 5:55Speaker 1: up with a man named Mikey Donovan who was visiting
- 5:59Speaker 1: from out of town.
- 6:00Speaker 3: He was basically new to Philadelphia, not somebody I really
- 6:04Speaker 3: had no extensive long term relationship with. We've made each
- 6:08Speaker 3: other to somebody, and he said he wanted to what
- 6:12Speaker 3: phil it was like. We had a good Rahore at
- 6:15Speaker 3: that time.
- 6:16Speaker 1: So Trevor took Mikey Donovan to this hangout spot that
- 6:20Speaker 1: doubled as a drug house to see the owner of
- 6:22Speaker 1: the place, Rudy, but they spoke to Kirk Crump instead.
- 6:27Speaker 3: When I arrived, it was early in the morning, like
- 6:30Speaker 3: twif thirty one name, and I was surprised to see
- 6:33Speaker 3: a lot of the other guys upstairs in the living room.
- 6:36Speaker 3: But these are guys that I know. The guy I'm with,
- 6:38Speaker 3: Mike Donovan doesn't know them. So when I spoke to
- 6:42Speaker 3: her indication, he said something like, oh, so many people
- 6:45Speaker 3: in the house. Why so many people know? Something like that.
- 6:48Speaker 3: But it was a basically generalized conversation, not about whether
- 6:51Speaker 3: someone should be here or not. So Johnson in the
- 6:55Speaker 3: basements and stuff her he must have phone was offended
- 6:59Speaker 3: and that I don't know. And he found up the steps,
- 7:02Speaker 3: was like boom, boom, boom, flung the door open. That
- 7:04Speaker 3: it his lamp, and then his first words was, by
- 7:08Speaker 3: the fuck you want to know? So why so much
- 7:10Speaker 3: people know? Something like that very barely cooes his manner.
- 7:14Speaker 3: He liked to intimidate because he was kind of big,
- 7:16Speaker 3: but that's just his personality and how he acts. Mike
- 7:19Speaker 3: had done but who was right beside me? He don't
- 7:21Speaker 3: know the spurs and so he just basically he asked
- 7:24Speaker 3: me in a low tone, he asked me, who is
- 7:26Speaker 3: this guy? Why is he talking so rough? That further
- 7:31Speaker 3: inside chance, So he basically was like pussue you, oh,
- 7:36Speaker 3: the blue pursue you you know me and the code
- 7:39Speaker 3: up the streets at that time, a remark like that
- 7:42Speaker 3: basically that declaration of war, So that immediately escalated things.
- 7:48Speaker 3: I could not understand where's all of that coming from.
- 7:51Speaker 3: I was like, what can I be done? The deed escalated,
- 7:55Speaker 3: that was my first thought. He was like stepping towards
- 7:58Speaker 3: an aggressive times step. So I basically put myself in
- 8:02Speaker 3: between both of them, and I was pleading, minimisea listen,
- 8:04Speaker 3: calm don, what's this all about? That's uncalled for. So
- 8:08Speaker 3: I basically got him to step back and take a
- 8:11Speaker 3: seat on the stool. And he was in a steering
- 8:13Speaker 3: countest now with Michael donabout behind me. So it's a
- 8:16Speaker 3: hardcore great locked in this real tunnel vision with anger.
- 8:20Speaker 3: Yeah me, it's clearing at him, and I have no
- 8:23Speaker 3: clue what the reaction is going to be from Mikil
- 8:26Speaker 3: Japan who is behind me. And so I looked towards
- 8:28Speaker 3: the guy that was in the kitchen I was speaking
- 8:30Speaker 3: to and I said that where is really just all
- 8:33Speaker 3: the blue basically the giant change something? And he said
- 8:37Speaker 3: he just left. He went to the bus stop to
- 8:40Speaker 3: escort his daughter to work. So that basically gave me
- 8:44Speaker 3: an opportunity to know to a right, let me go
- 8:47Speaker 3: find him. So I'm just trying to divert that said
- 8:50Speaker 3: come let's go or something to that. I'm trying to
- 8:52Speaker 3: back down up and come, and took two more steps
- 8:55Speaker 3: towards the front doors. If you know me, this is
- 8:57Speaker 3: not big something like that. And when I look back
- 8:59Speaker 3: on more than I see him like a stepped back relax.
- 9:03Speaker 3: And therefore I figured that the game did worked because
- 9:06Speaker 3: that looked like nothing further gong go. So I hate
- 9:09Speaker 3: my step towards the front door, over the front door,
- 9:12Speaker 3: and I was ahead by a couple of steps. I
- 9:14Speaker 3: looked back and I was seeing Mikey Donner was just
- 9:17Speaker 3: emerging on the front door. So while I'm thinking that
- 9:20Speaker 3: I'm taking these steps towards the bust, I hear the
- 9:23Speaker 3: screen door clang again. I mean somebody had come out
- 9:28Speaker 3: by the time it shut. When I turned around on
- 9:30Speaker 3: the streets, Johnson was buying his car jump and his
- 9:34Speaker 3: car trunk was already opened and he was reaching in.
- 9:38Speaker 3: Mike Donovan was on the sidewalk. Johnson said something. Most
- 9:43Speaker 3: likely it would have been something intimidating, and the moment
- 9:48Speaker 3: he said something, Mikey Donovan pulled I've gone out of
- 9:51Speaker 3: his ways and hop fire immediately.
- 10:08Speaker 1: Everton Meet Johnson was shot fatally. According to the autopsy report,
- 10:16Speaker 1: the bullet entered from the back of his body toward
- 10:18Speaker 1: the front. Perhaps Mikey Donovan didn't wait for me Johnson
- 10:23Speaker 1: to turn around and fire, and since the scene of
- 10:27Speaker 1: the crime was in front of a drug house, it
- 10:29Speaker 1: appears no one stuck around to speak to the police,
- 10:33Speaker 1: except for the victim's brother, Paul White. According to others,
- 10:39Speaker 1: Paul had tried to stop his brother from following Donovan
- 10:43Speaker 1: and then he ran to the basement to get help
- 10:46Speaker 1: during the shooting, but he told police something else.
- 10:51Speaker 3: Because he had never seen Mike Donovan in his life.
- 10:54Speaker 3: He immediately told them he saw two people shoot his
- 10:58Speaker 3: brother find me along with this unknown Jamaican me that
- 11:04Speaker 3: you know. He said, I had a Tech nine, a
- 11:06Speaker 3: big machine gun and mine and a handgun. And he
- 11:09Speaker 3: said both the bos basically ambushim at the corner of
- 11:12Speaker 3: the car, and I was shooting and Danavan was shooting.
- 11:15Speaker 3: The seven shot fat. So that was basically what he
- 11:18Speaker 3: told them at the scene of the cramp what the
- 11:20Speaker 3: state is now because it happened at a joke host the
- 11:23Speaker 3: state really created this narrative of a joke curve for
- 11:28Speaker 3: r peer. So they took that and said, well, it
- 11:31Speaker 3: was a dispute of who was supposed to sell jokes
- 11:34Speaker 3: of the hose now me and just have friends from
- 11:37Speaker 3: back then, you know what I mean we had. Anyways, that's
- 11:39Speaker 3: not all we operate. If he wanted to sell jokes
- 11:42Speaker 3: or the house he had, all right, Kirk is one
- 11:44Speaker 3: selling know, so anybody could make some type of arrangement
- 11:47Speaker 3: with Kirk or whatever. So it wasn't no circumstance that
- 11:52Speaker 3: we would be in competition or anything like that. It
- 11:55Speaker 3: just a third story. But the state basically said I
- 12:00Speaker 3: took it upon myself to eliminate my arrivals.
- 12:03Speaker 1: So Trevor was arrested and over time, this unknown Jamaican
- 12:09Speaker 1: is eliminated from the.
- 12:10Speaker 3: Narrative, so nobody could identify, nobody knew where he was.
- 12:15Speaker 3: So basically, after I was made to target, the state
- 12:20Speaker 3: and everyone does didn't even try to final anything. Thirred
- 12:24Speaker 3: about the microdynamo that that's just how it works. They
- 12:27Speaker 3: had to target that they wanted, and everything was gear
- 12:30Speaker 3: to get this targeted regardless. What is my turn up?
- 12:34Speaker 1: Speaking of? While Trevor sat in pre trial detention for
- 12:37Speaker 1: nearly two years. The separate federal investigation of the drug
- 12:42Speaker 1: house closed in on Franklin Watson, who was present on
- 12:46Speaker 1: the night of the murder and tried to trade information
- 12:49Speaker 1: for leniency, And this was three weeks before trial in
- 12:54Speaker 1: January nineteen ninety. The Feds told the prosecution about this witness,
- 12:59Speaker 1: but for reasons that we'll discuss later, the defense remained
- 13:04Speaker 1: in the dark about this and a number of other things, including,
- 13:09Speaker 1: for instance, why the state wanted a bench trial.
- 13:13Speaker 3: When I got to the court room, I requested the
- 13:15Speaker 3: jury trial, and then my lawyer got very old rage
- 13:19Speaker 3: and told me that he had an agreement with the
- 13:23Speaker 3: prosecute that's did not seek the head penalty if I
- 13:26Speaker 3: took a non jury trial. But I still was trying
- 13:29Speaker 3: to be adamant. So a couple of minutes before the
- 13:31Speaker 3: trial started, my mom was there and she came to
- 13:34Speaker 3: me in tears and distraughts, telling me that I should
- 13:38Speaker 3: listen to the lawyer because he told her that they
- 13:40Speaker 3: don't like Jamaicans in Philadelphia at that time, and I'm
- 13:44Speaker 3: going to try in the electric cheer and she was
- 13:47Speaker 3: so broken that that broke me. Just to see her
- 13:50Speaker 3: so distraught, So I rel ended and basically went along.
- 13:55Speaker 1: So perhaps the state was confident that the assigned judge
- 13:59Speaker 1: would give them their desired result, as would Franklin Watson.
- 14:04Speaker 3: The morning of the trial, the prosecutor announced as a
- 14:07Speaker 3: surprise witness just walked into his office five minutes before
- 14:11Speaker 3: the trial started and said he was there, and this
- 14:14Speaker 3: is how he announced it.
- 14:15Speaker 4: Rotson.
- 14:15Speaker 3: So when he puts him understand, Watson testifies that he
- 14:20Speaker 3: was present. What is the first person ever said that
- 14:23Speaker 3: there was an argument in the house in the kitchen
- 14:27Speaker 3: between Johnson and I over who should sell jokes from
- 14:31Speaker 3: that location. And then he said for the first time
- 14:35Speaker 3: also that I brandished a weapon in the house and
- 14:39Speaker 3: had to be restrained by others. Then I walked out,
- 14:43Speaker 3: Johnson followed me out. We began to fight outside for
- 14:47Speaker 3: one minute by the car trump and then I got
- 14:50Speaker 3: the better of Johnson, pulled the weapon and shot him
- 14:53Speaker 3: multiple times from close range, and no one else was involved.
- 14:58Speaker 3: Blah blah blah.
- 15:00Speaker 1: So, in contrast to Paul White's original statement about two shooters,
- 15:05Speaker 1: Watson named Trevor as the loan shooter, and on cross examination,
- 15:10Speaker 1: Trevor's attorney was able to expose Watson's vulnerability.
- 15:14Speaker 3: He got the fact that Watson was a federal informant.
- 15:17Speaker 3: I understand, but the lawyer he never followed up the
- 15:20Speaker 3: final what was happening? What did he say to defense?
- 15:23Speaker 3: It was just less that that just came out. So
- 15:25Speaker 3: basically that was how he impeached the credibility. And as
- 15:29Speaker 3: soon as he finished testifying, the prosecutor arrested their case.
- 15:33Speaker 3: They were like, well, we're not going to call the
- 15:35Speaker 3: original White now no more. Werested my lawyer objective. He
- 15:39Speaker 3: requested a mistrial, saying, Yeerona, it's a child by ambush.
- 15:43Speaker 3: We have been waiting for this case for over two years.
- 15:47Speaker 3: We have all this discovery. Nowhere in the entire discovery
- 15:50Speaker 3: was a Watson mention. They brought this person at the
- 15:53Speaker 3: twelfth hour claiming that he is a surprise waitness and
- 15:56Speaker 3: now they want to rest the case. They had the sidebar,
- 16:00Speaker 3: and then prosecutor relented and said our year and postponed
- 16:03Speaker 3: the case for one day and then we will bring
- 16:05Speaker 3: White the following him.
- 16:07Speaker 1: Additionally, and this is absent from the record, Watson escaped
- 16:12Speaker 1: a potential thirty year sentence in exchange for this testimony
- 16:17Speaker 1: and then came Paul White.
- 16:19Speaker 3: So the next day he brought White to the standard
- 16:22Speaker 3: and the White entire testimony was radically different and it
- 16:26Speaker 3: mimicked almost play by play, what Watson said. So initially
- 16:31Speaker 3: White was talking about two people shooting. Now he changed
- 16:35Speaker 3: and he said there was only one person and that
- 16:38Speaker 3: was me. And he also added an altercation because it
- 16:41Speaker 3: was never an adducation mentioned anywhere at the scene of
- 16:44Speaker 3: the crime or at the preliminary year and.
- 16:46Speaker 4: A year after.
- 16:47Speaker 3: But at the trial he testified it was an altercation,
- 16:51Speaker 3: but he said it didn't last a minute. He said
- 16:53Speaker 3: it lasted a few seconds before a brandish a weapon
- 16:57Speaker 3: and Shaq Johnson. So that's how his testimony changed to
- 17:01Speaker 3: mimic what Watson said, but he did not repeat the
- 17:05Speaker 3: allegation of it was an argument over job.
- 17:09Speaker 1: Unfortunately, the inconsistencies between White statements as well as how
- 17:14Speaker 1: they were inconsistent with Watson's, these issues are never pointed
- 17:19Speaker 1: out to the judge.
- 17:20Speaker 3: Well, I him in the head with a gun. You
- 17:24Speaker 3: know you hit somebody in the head with a gun.
- 17:26Speaker 3: Be authors to going to show us a specific mark
- 17:28Speaker 3: that I've gone with. Leave And then White after what
- 17:31Speaker 3: he said the federal informant was not there to weakness,
- 17:35Speaker 3: and the federal informant said White was not there. He
- 17:37Speaker 3: said White was in the basement, and a federal informant
- 17:40Speaker 3: said I had a chrome nine millimeter. White said first
- 17:44Speaker 3: it was a Tick nine machine handgun, and then at
- 17:47Speaker 3: the child testimony he said it was a nine milimeter
- 17:49Speaker 3: but it was grown.
- 17:51Speaker 1: So without these glaring inconsistencies pointed out or what else
- 17:56Speaker 1: was hidden from the court at the time the judge
- 17:59Speaker 1: made his decision on the first degree murder, criminal conspiracy,
- 18:03Speaker 1: and weapons charges.
- 18:05Speaker 3: He basically summarized the case and said it was a straightforward,
- 18:09Speaker 3: clear cut case of joke urs dispute, and I did
- 18:13Speaker 3: defend and took it upon myself to eliminate my rival
- 18:18Speaker 3: once and for all by gunning him down in cold
- 18:21Speaker 3: and within less than sixty seconds.
- 18:23Speaker 4: I was sawing it with the automatic sendments of life,
- 18:28Speaker 4: but of the passability of broad and my mom was there,
- 18:32Speaker 4: so I know that basically broker Art. When I'm looking
- 18:48Speaker 4: back to the whole scenario, it was basically a present
- 18:52Speaker 4: with a foregun conclusion. Maybe two months after I was convicted,
- 18:58Speaker 4: I received a statement that was made three weeks before
- 19:02Speaker 4: matrial by what to the federal authorities, which was a
- 19:07Speaker 4: part of his pleats to the federal authorities. And in
- 19:11Speaker 4: the statement it was Excotory specifically stated that he was
- 19:15Speaker 4: present at the chance to shooting, that Johnson was shot
- 19:19Speaker 4: by Mikey Dana Vlan and I was merely a bystander,
- 19:24Speaker 4: and that was just three weeks before my child. And
- 19:27Speaker 4: he spoke to the faith and told him basically actual
- 19:31Speaker 4: version of events, and then came into the stage and
- 19:34Speaker 4: gave a own separate contra victory statement.
- 19:38Speaker 3: For state prosecutor.
- 19:40Speaker 1: This was clearly a Brady violation. It upended the state's case.
- 19:45Speaker 1: So this one Trevor an evidentiary hearing on direct appeal.
- 19:50Speaker 3: The same judge that convicted me had an evidential here
- 19:53Speaker 3: in five six months after I was convicted. The federal
- 19:56Speaker 3: prosecutors would understand when they carrabber the authenticity of the
- 20:02Speaker 3: Watson Pree Deal statement that I had. So when they
- 20:05Speaker 3: saw that I was able able to trial the case,
- 20:08Speaker 3: they contacted this prosecutor and conveyed the information that he
- 20:13Speaker 3: might have the wrong perpetrator. And that is how this
- 20:16Speaker 3: prosecutor became aware of Franklin Watson and made arrangements to
- 20:20Speaker 3: interview was one of the federal prosecutors said he specifically
- 20:25Speaker 3: recall that name sax because the saxophone or something that
- 20:29Speaker 3: that is saying.
- 20:30Speaker 1: So it appears that Trevor's prosecutor, Richard Sachs, received this
- 20:34Speaker 1: information that Trevor was indeed an innocent bystander, but somehow
- 20:40Speaker 1: on the eve of the trial, Watson changed his story.
- 20:44Speaker 1: This allowed Sacks to forge ahead with the prosecution anyway,
- 20:48Speaker 1: in spite of the federal prosecutor's efforts.
- 20:51Speaker 3: They gave it to him orally over the phone, Prosecutor
- 20:55Speaker 3: Toulist and also he said he didn't receive a specific
- 20:59Speaker 3: information that he might have the wrong perpetrator. So they
- 21:02Speaker 3: contradicted each other. But the judge said he found both
- 21:06Speaker 3: bodies to be.
- 21:07Speaker 1: Truthful, even though these testimonies are indirect contradiction.
- 21:11Speaker 3: And then the judge it meantal gymnastics by saying, since
- 21:15Speaker 3: the federal arts or conveyed the information orally over the
- 21:20Speaker 3: telephone and not in writing, the information would not amount
- 21:24Speaker 3: to really because of state prosecutor had nothing physically to
- 21:28Speaker 3: turn over to the defense. Wow. Yeah, But then he
- 21:32Speaker 3: went even Further, I guess he knows that wouldn't pass
- 21:34Speaker 3: the smell this, so he came up with this rational.
- 21:37Speaker 3: He said, well, even if the document was available and
- 21:40Speaker 3: turned over to the defense and the federal informal testified
- 21:44Speaker 3: exactly the exculpulary statement he made in that document, he
- 21:48Speaker 3: would still have found me guilty, not as a perpetrate
- 21:52Speaker 3: at this time, but as a co con spirit and
- 21:56Speaker 3: the laws at that time it will be sentenced exactly
- 22:00Speaker 3: the same way of mandatory life with oparole.
- 22:03Speaker 1: Even though the only witness, Watson, who even said anything
- 22:07Speaker 1: about a criminal conspiracy, the Trevor had allegedly killed me
- 22:11Speaker 1: Johnson to take out a rival dealer. That witness had
- 22:14Speaker 1: just been clearly proven to lie.
- 22:18Speaker 3: So I told my lawyer immediately, as we have to
- 22:21Speaker 3: appeal this, and he was like, of course, So he
- 22:23Speaker 3: agreed to file an appeal, and they sent me off
- 22:26Speaker 3: state note and I was absolutely in the hole at
- 22:29Speaker 3: that time. And weeks went by and then let us
- 22:32Speaker 3: never got real response, never weeks and weeks went by,
- 22:34Speaker 3: and then I reached over to my family, contact this
- 22:38Speaker 3: lawyer and they find out what's going on with my appeal.
- 22:41Speaker 3: He informed them that did not file an appeal within
- 22:44Speaker 3: the timeframe. The thurnit the window to find the notice
- 22:48Speaker 3: of appeal, so the issue became waved. According to the
- 22:52Speaker 3: legal language, was basically I gave up on that issue, and.
- 22:57Speaker 1: With that failure is barred from raising the issue again
- 23:02Speaker 1: in state court. So he tries federal court.
- 23:05Speaker 3: There's a federal magistrate that the case and he ordered
- 23:08Speaker 3: that I be retried within one hundred and twenty days
- 23:11Speaker 3: are re released. The state appeal his decision, and the
- 23:15Speaker 3: district judge reversed the magistrates and uphel the conviction, maintaining
- 23:22Speaker 3: that there was a procedural default. Therefore, the federal courts
- 23:26Speaker 3: cannot entertain this issue whatsoever because the state did not
- 23:32Speaker 3: get full opportunity to reverse their own mistake or their
- 23:36Speaker 3: own issue. And I appeal that to the appellate court
- 23:40Speaker 3: at the federal level. They ruled that they were very
- 23:43Speaker 3: troubled by the circumstances of this case and they clearly
- 23:48Speaker 3: articulated that they will not decide this case on the merits.
- 23:52Speaker 3: Whether or not this judge is ruling that oral communication
- 23:56Speaker 3: is not pretty. However, they could not welcome the procedural
- 24:01Speaker 3: default the issue, but that claimed to be entertained in
- 24:04Speaker 3: the federal courts. So as a result, they upheld the conviction,
- 24:10Speaker 3: with the astering that they were very troubled by the circumstances.
- 24:15Speaker 1: So the case breaking evidence that surfaced back in nineteen
- 24:19Speaker 1: ninety has effectively been newter by the system since nineteen
- 24:24Speaker 1: ninety one. The fight was fortunately revived in twenty eleven.
- 24:29Speaker 1: This is when the man who was in the kitchen
- 24:31Speaker 1: that night, Kurt Crump, sent Trevor an affidavit.
- 24:35Speaker 3: The affidavit basically clarified that he operated residence and that
- 24:41Speaker 3: it is the victim. Johnson was one of his friends.
- 24:44Speaker 3: That the confrontation occurred in the kitchen between Johnson and Donovan,
- 24:48Speaker 3: and I intervened calm Johnson down. I left the house
- 24:52Speaker 3: with Donovan in tour and he said that Johnson was
- 24:54Speaker 3: angry that he was going to get his guns, and
- 24:57Speaker 3: why he tried to stop him from bard. You know,
- 25:00Speaker 3: Johnson shoved White aside, and a storm goes behind Donavar
- 25:05Speaker 3: and said that White ran down the basement together two
- 25:09Speaker 3: other guys to curve trailed behind Johnson to the front door,
- 25:13Speaker 3: and in his activity he described his saw Johnson reaching
- 25:16Speaker 3: the trunk when Mike Danaban shot him multiple times, and.
- 25:20Speaker 1: That version of events is corroborated by the trajectory of
- 25:24Speaker 1: the bullets from the back to the front. This contradicted
- 25:28Speaker 1: both trial witness testimonies, and it continued to further discredit
- 25:33Speaker 1: Paul White.
- 25:34Speaker 3: When the shots were fired, Curve heard White and the
- 25:37Speaker 3: guy from the basement coming up behind him from the kitchen.
- 25:40Speaker 3: Basically that White was not a witness because he said
- 25:43Speaker 3: was behind him when the shots got fired. But they
- 25:46Speaker 3: heard the shots and when he turned they as really
- 25:48Speaker 3: had begun to flee back down the business. He can
- 25:51Speaker 3: exit the residence to a business and that basically was it.
- 25:55Speaker 3: And he actually did follow up with a sworn video
- 25:58Speaker 3: deposition with the corroborreate affective and I submitted all of
- 26:03Speaker 3: that to the state court and it was denied it untimely,
- 26:07Speaker 3: no explanation. I appealed that to the state's unpelate courts
- 26:11Speaker 3: and they ruled that this evidence was untimely, but they
- 26:16Speaker 3: gave their explanation. They said it was cumulative because it
- 26:19Speaker 3: produced no new facts. It basically said the same thing
- 26:22Speaker 3: that the defense said. They said I should have gotten him,
- 26:25Speaker 3: and basically they didn't. Said I could have gone. It
- 26:27Speaker 3: didn't tell me how I was going to get him.
- 26:28Speaker 3: They didn't discuss the fact that the state was looking
- 26:31Speaker 3: for kirk Crumb because he was one of the persons
- 26:33Speaker 3: that was in the discovery as a weakness.
- 26:36Speaker 1: So you heard that, right, folks. Not even the state
- 26:40Speaker 1: can find this guy, yet Trevor is expected to do so.
- 26:44Speaker 1: It turned out that kirk Crump had been arrested in
- 26:47Speaker 1: another state under an alias before he was deported to Jamaica,
- 26:52Speaker 1: so finding him would have been nearly impossible. Yet when
- 26:56Speaker 1: Trevor appealed to the federal courts, they said that these
- 27:00Speaker 1: two factors made the witness unreliable and so they denied
- 27:04Speaker 1: him as well.
- 27:05Speaker 3: Subsequent nine two tenty twenty three, friends and family finally
- 27:10Speaker 3: get the resources to hire a forensic expert, doctor Sheril
- 27:14Speaker 3: leg from Pittsburgh, and he compared the trial testimony from
- 27:19Speaker 3: the witnesses, and he compared it to the autos report
- 27:22Speaker 3: and the ballistics evidence, and he gave a report. It's
- 27:26Speaker 3: his scientific conclusion that the description given by the state
- 27:32Speaker 3: witnesses were fabricated because they conflicted with the autops report
- 27:37Speaker 3: and described things that were physically impossible. They described the
- 27:42Speaker 3: victv shot multiple times in the chess face area, when
- 27:47Speaker 3: the autopsy reports showed that all the shots were going
- 27:50Speaker 3: from back to front.
- 27:51Speaker 1: Bullets don't have opinions. Bullets are not eye witnesses.
- 27:57Speaker 3: These are facts facing somebody face to face and shoot
- 28:03Speaker 3: them in the back. On top of that, in twenty
- 28:05Speaker 3: twenty four, a private investigator in Jamaica located a federal
- 28:10Speaker 3: informat and what's revealed that he actually did explain the
- 28:16Speaker 3: same thing to the state prosecutor when the broad him
- 28:19Speaker 3: in the office, when that I was an innoc advices standard,
- 28:23Speaker 3: and then at that point he said Sacks got animated
- 28:26Speaker 3: and was angry and said this would be an open
- 28:28Speaker 3: and shortcase if he identified me as a perpetrator, explaining
- 28:32Speaker 3: to him that he would have negative implications on his
- 28:36Speaker 3: upcoming federal sentencing and the pleaar agreement that he had
- 28:40Speaker 3: signed feel incoporate. So this report that they investigator submitted,
- 28:45Speaker 3: along with thessarily work report, those two things are currently
- 28:51Speaker 3: in front the court and.
- 28:53Speaker 5: Another Acire Trevor, we wish you all the luck in court,
- 28:57Speaker 5: even though you shouldn't need any well wish is in
- 29:00Speaker 5: the first place, it certainly feels like you do.
- 29:03Speaker 1: And if anyone listening has any information or wishes to
- 29:08Speaker 1: support Trevor in any way, we'll make sure to link
- 29:11Speaker 1: ways to reach them. In our episode description, you'll see
- 29:15Speaker 1: that he also goes by the name Anton ford On Socialist.
- 29:18Speaker 1: And with that we go to our closing. You know,
- 29:22Speaker 1: I'm just gonna sit back here and listen to anything
- 29:26Speaker 1: that Trevor has left to say. Let's let you have
- 29:28Speaker 1: the last word, all right, thank you.
- 29:31Speaker 3: For giving me this opportunity to address your listeners. I've
- 29:34Speaker 3: endored more than my full measure of injustice. As a result,
- 29:37Speaker 3: I'm driven by a desire to do my part and
- 29:40Speaker 3: to contribute everything I can to bend the moralogue of
- 29:44Speaker 3: the universe towards more justice. I aspire to embody the
- 29:48Speaker 3: virtues of revolutionary love, radical empathy, unapologetic kindness, and unconditional freedom.
- 29:58Speaker 3: I was forged to leading the bowels of a castoral
- 30:01Speaker 3: cauldun of oppression, where I was subjected to unspeakable trans
- 30:06Speaker 3: and tribulations at the hands of manifesting justice, systemic violence,
- 30:13Speaker 3: and steed inflicted torture meant to terrorize and design to dehumanize.
- 30:20Speaker 3: Yet I survived. I was grown down by the millstone
- 30:25Speaker 3: of oppression, tried by the fires of cruelty, and tested
- 30:30Speaker 3: in the face of unmitigated brutality. Yet I persevered to emerge,
- 30:37Speaker 3: a defied, purified, and sanctified. I'm now obsessed with and
- 30:44Speaker 3: possessed by an urgent need to call out, condemned and
- 30:50Speaker 3: deconstruct white supremacy, to love, clear, for, and nurture all
- 30:56Speaker 3: and any authentic expression of humanity. To demand liberty, equity,
- 31:02Speaker 3: and the humane treatment of the entire spectrum of nature.
- 31:06Speaker 3: And to end in justice and all forms of exploitation.
- 31:12Speaker 3: In the last seven years, Philadelphia's Conviction Integrity Units has
- 31:16Speaker 3: released over fifty inmates who were wrongfully convicted, a total
- 31:21Speaker 3: of more than seven hundred years sent incascerated illegally. All
- 31:26Speaker 3: of these black and brown people were sentenced to deathbine
- 31:29Speaker 3: casceration is sentenced ephimistically referred to as life without the
- 31:34Speaker 3: possibility of parole. Note these wrongful convictions occurred in Philadelphia County,
- 31:41Speaker 3: and there are many more similar cases like mine yet
- 31:44Speaker 3: to be reviewed. On June nineteen, twenty twenty three, Philadelphia
- 31:49Speaker 3: District Attorneys Office released their Racial Injustice Report. This report
- 31:55Speaker 3: stated unequivocally that Philadelphia's criminal justice system is racists. This
- 32:02Speaker 3: is a refusable proof that the wrongful convictions uncovered and documented.
- 32:08Speaker 3: We're not a matter of mistakes nor the system being broken. No,
- 32:13Speaker 3: this is institutional racism at work, and like all other
- 32:17Speaker 3: institutional racism, it's next serious and amounts to social engineering.
- 32:24Speaker 3: This is in justice by design. I argue that the
- 32:29Speaker 3: wrongful convictions in Philadelphia are so pervasive that they cannot
- 32:33Speaker 3: be tolerated by a civilized society, and we cannot depend
- 32:38Speaker 3: on the current lethogic by drip one case at the
- 32:41Speaker 3: time judicial review process to address this pervasive systemic problem.
- 32:47Speaker 3: Too many cases will be missed. We need an across
- 32:51Speaker 3: the board legislative fixed the remedy the cruel and unusual
- 32:55Speaker 3: harms inflicted by the state sanctioned the convictions of innocent people.
- 33:00Speaker 3: We need parole eligibility for lifers. There is no parole
- 33:05Speaker 3: for life as in Pennsylvania. Pennsylvania is one of the
- 33:09Speaker 3: four states in the Union that still employs the Barrick
- 33:13Speaker 3: draconian sentence in scheme of mandatory life without the possibility
- 33:17Speaker 3: of parole for murder. It's time to drive Pennsylvania's archaic
- 33:22Speaker 3: crime code into the modern era of Greece, mercy and
- 33:26Speaker 3: second chances. In February twenty sixteen, the United States Supreme Court,
- 33:33Speaker 3: in the case of two co versus Louisiana, rule that
- 33:37Speaker 3: sentence in juvenile offenders that is, offender seventeen years and
- 33:41Speaker 3: younger to mandatory life without parole was unconstitutional. As a
- 33:46Speaker 3: result of this ruling, Pennsylvania had to re sentence over
- 33:50Speaker 3: five hundred juvenile lifers, many incarcerated for over twenty years.
- 33:55Speaker 3: As of today, over one hundred of these juvenile lifers
- 33:59Speaker 3: have been sentenced and successfully reintegrated into society. Listen, there
- 34:05Speaker 3: are more than five thousands of the lifers, many incarcerated
- 34:09Speaker 3: over twenty years, languishing in prison in Pennsylvania. These other
- 34:15Speaker 3: five thousand lifers are no different, not by one judge,
- 34:19Speaker 3: now by one iota, from the juvenile lifers who were
- 34:22Speaker 3: paroled and successfully returned to the community. There is a
- 34:27Speaker 3: moral imperative, if not legal, equal protection, case to be
- 34:31Speaker 3: made that parole eligibility must be extended to these other
- 34:35Speaker 3: five thousand lifers. These other five thousand lifers, including myself,
- 34:41Speaker 3: do not have to die in prison to keep society safe.
- 34:46Speaker 3: I have a vision to make parole available to all
- 34:48Speaker 3: eligible lifers in Pennsylvania. I'm talking about bending the moral
- 34:54Speaker 3: arc of the universe towards more justice by ending the
- 34:58Speaker 3: politics of injustice. To achieve this goals, I need substantial
- 35:04Speaker 3: support and access to institutional resources. I want to create
- 35:08Speaker 3: a nonprofit organization, Gordon Justice und Accountability Project, to implement
- 35:14Speaker 3: a comprehensive five year plan design to achieve a roles
- 35:17Speaker 3: eligibility for life within Pennsylvania. I call upon all councient
- 35:21Speaker 3: just people who desire to help to join me on
- 35:24Speaker 3: this mission. You may contact me on the social media
- 35:27Speaker 3: platform of Instagram at my fun I am twenty three
- 35:30Speaker 3: page that is fun. I am twenty three a niam
- 35:35Speaker 3: two three the sign up for this cause. Thank you
- 35:38Speaker 3: for your time.
- 35:45Speaker 2: Thank you for listening to Ron for Conviction. You can
- 35:47Speaker 2: listen to this and all the Lava for Good podcasts
- 35:50Speaker 2: one week early and ad free by subscribing to Lava
- 35:53Speaker 2: for Good Plus on Apple Podcasts. I want to thank
- 35:55Speaker 2: our production team, Color Hall and Kathleen Fink, as well
- 35:59Speaker 2: as my fellow executive producers Jeff Kempler, Kevin Wartis, and
- 36:02Speaker 2: Jeff Cliber. The music in this production was supplied by
- 36:04Speaker 2: three time OSCAR nominated composer Jay Ralph. Be sure to
- 36:07Speaker 2: follow us across all social media platforms at Lava for
- 36:10Speaker 2: Good and at Wrongful Conviction. You can also follow me
- 36:13Speaker 2: on Instagram at it's Jason Flamm. Wrongful Conviction is a
- 36:16Speaker 2: production of Lava for Good Podcasts in association with Signal.
- 36:20Speaker 4: Company Number One.
- 36:21Speaker 2: We have worked hard to ensure that all facts reported
- 36:23Speaker 2: in this show are accurate.
- 36:25Speaker 4: The views and opinions expressed by the individuals featured in
- 36:27Speaker 4: this show are their own and do not necessarily reflect
- 36:30Speaker 4: those of Lava for Good.