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545: #545 Jason Flom with Fredrico Lowe-Bey · Wrongful Conviction Podcasts

• 00:00:03 Speaker 1: During the late nineteen eighties, Frederico Lobey was routinely harassed by Saint Louis police officers Rubin Hammon and James Long, who previously attempted to convict him on what appeared to have been fabricated charges. Then, on May twenty first, nineteen eighty eight, a woman claimed that she had been raped and sodomized, and officers Hammon and Long had prepared a line up for her in which she identified someone who did not match her initial description their recurring target, Frederico Lobay. But despite multiple factors that damaged the credibility of this id, Frederico was sent away for eighty five years. This is wrongful Conviction. You're listening to Wrongful Conviction. You can listen to this and all the Lava for Good podcasts one week early and ad free by subscribing to Lava for Good Plus on Apple Podcasts. Welcome back to Ronful Conviction, where we head to Saint Louis, Missouri to discuss not only rape and sodomy allegations, but also a damning backstory that alone cast out on this conviction. But before we introduce the man who has been surviving this ordeal for decades and decades. Now we're joined once again by his attorney from Centurion Ministries, Paul Castellero. Paul, thanks for coming back, my pleasure and with us today. Calling in from a Missouri correctional facility, we have Frederico Lobe. I'm sorry you're there, but we appreciate you calling in definitely. Will So tell us about growing up in Saint Louis. 00:01:50 Speaker 2: I had four brothers and two sisters. We all grew up in the Saint Louis housing project. My mother and father they were good people, man. You know. My mother she was school teacher. She was also a cafeteria supervisor Scaint Lots Public Schools. And my father he drove a truck for the seven F company. And growing up in the project, you have to have something to do. And I took a boxing so I was pretty good at at one time. And so I was going to school and I was boxing, and I had a job also. I worked at a place called Span Building Maintenance where we cleaned office buildings. 00:02:24 Speaker 1: At Unfortunately, in nineteen eighty one, he caught a gun charge that sent him away for a forty five day stint, but also introduced him to the Moorish Science Temple of America. 00:02:33 Speaker 2: As a direct result of me serving the time, I was able to go to one of the meetings of the Mowis Science Type of America and I became a part of the organization. Prophet noble ju I leag He brought Islam to the United States of America and then the Lewis Science Type of America. We teach nationality and divine cree. We teached that blacks are not Negro, black colored. He delt with anything else other than Moores. Know that the Moors are from the northwestern Jews of Africa. You have to proclaim your nationality as being a Moorish American and denounced the name Nigro, black colored, del and all names that delude to slavery. So all the Moors in the United States of America identified as Bay's or ls he Ill or beat. 00:03:20 Speaker 1: Y, just like the leader of the Moorish Science Temple in Saint Louis, Jerry Lewis Bay. This surname signified a connection to their African roots. As folks were escaping the jim Crow South during the Great Migration to Northern cities and over the following decades, the group fractured into other Muslim organizations, including the Nation of Islam, which my own late father in law, Muhammad Ali, famously joined back in the sixties. 00:03:44 Speaker 3: I remember when Muhammad Ali became Muhammad Ali and he joined the Nation of Islam. Cassius Clay is now Muhammad Ali. And the kind of prevailing thought was that these people were really, Oh, they're dangerous, we should be afraid of them, because they kind of gotten out of I guess our mainstream Christianity Judaism kind of tracked and now all of a sudden, you're, well, you're bringing in this foreign kind of religion. 00:04:12 Speaker 1: And that still is the prevailing trend in many pockets of American culture, and certainly appears to have been for the officers in this case, Ruben Haymond and James Lung, who seemed to have been just really interested in Frederico. Back in July nineteen eighty seven, Yeah. 00:04:28 Speaker 2: I had gotten out of a call. A guy dropped me off at my house, went up to my apartment being where my girlfriend and my two children were, and next thing we knew, my door would be a ring And when I opened the door, officer long headed pistol in my face and told me to get my hands up. And I asked him, I said, what's this all about it? He said, you ran for me and you threw some drugs now while he was running from me. If I didn't throw them no drugs now, I ain't never have no drugs. I get down to the police department and that's when he told me that I was being charged with possession of potent drugs in marijuana. Once they saw that I had made bond, the same officers came back less than a week and a half away. This was in July of nineteen eighty seven. They saw me entering my appointment building with my girlfriend and our chest and the shame officers jumped out and told me to get my hands up. I was like, hey, had his gun pointed in my face, and long had his gun pointed at my girlfriend and he asked her who she was. He wrote her name and number and everything, if they had a birth and all this stuff down. And while he was writing it down, he was asking her where we was coming from. Did we have any narcotics on us? Did we have any weapons on us? And she said, we don't have anything on us, and said, well, this motherfucker's wanted for a first of grissault. So they took me and threw me in the back seat, and the police schooer told me that they was locking me up again, and I wasn't gonna make bond on this charge. So I kept asking them who am I supposed to have assaulted? And he said, you'll find out when we get to the station. And they kept asking me questions about one of our spiritual leaders in the Lewis Science Tymple of America, Jerry Lewis Bay, and how do I fit into the situation of the Lewis Science type of America. And I told him, look, man, I'm not going to tell you anything. He said, all you motherfuckers are just alike. We cussed me out and call me a bunch of derogatory names, and he said, yeah, we did a little research on you, and we know what you about. He said, all you fucking gangsters are just alike. 00:06:25 Speaker 3: And one of the resting cops testified in the civil trial that he believed that any member of that temple was a criminal. 00:06:34 Speaker 1: Jerry Lewis Bay was later prosecuted at a Rico trial, and it's unclear whether the charges were based in reality, or just another instance of the targeted destruction of a black leader, or maybe both. Either way, it appears that these officers may have been targeting Federico to get to Jerry Lewis Bay. 00:06:53 Speaker 2: He kept asking me question about Jerry Lewis Bay, and I kept telling him. I said, ain't gonna tell you shit, mate, and he said, yeah, we know what you guys I'm about, and you one of them, and you're gonna learn today. And I was like, what the fuck is you talking about? I'm gonna learn today. He got mad at man reaching in the back and he had a slapjack in his hand, and then he hit me with it, which caused blood to trickle down on the right side of my face, right aboard my eye. And once we entered the garage, Hayman drugged me out of the back seats and while I'm down on the ground, they started kicking me in and hit me with a flashlight, and so they locked me up, and it was a sergeant that came in and took the hand cuts up both of me. He said, what happened to your face? You must have ran into the wall. He booked me to fit my fingerprints and all that I did placed me back in the cell. And he said, they caught you with some drugs in the July to twelfth arrest that they made, and we want to know where you getting these drugs from that you selling out? Heut side and now those drugs, I said, but I'm not locked up on this time for no drugs. He said that I had a sawt come find out. He used the information that my girlfriend gave him about who she was and wrote the least pulled out that I was assaulting her. 00:08:02 Speaker 1: This assault arrest never materialized into an indictment, but the drug possession allegations made it to trial in April of nineteen eighty eight. 00:08:10 Speaker 3: Hayman and law They testified that he had marijuana and he dropped it and it was his and the jury acquitted him in fairly fast time. 00:08:20 Speaker 2: After I got found, I'd get that Officer Long and Officer Hamon was standing on the side of the prosecutor and Alficer Hamon told me, he said, nigga, you ain't going to walk the street this summer. I say, fuck you. 00:08:32 Speaker 3: They told them he would last the summer. 00:08:34 Speaker 2: I looked at him and I said, fuck you, motherfuck you. At that time, the foreman of the jury came and shook my hand and told me I better watch those guys because they was out to give me. And it wasn't thirty days later that I was taughted with this right case in May of nineteen eighty eight. 00:08:52 Speaker 1: And the legend victim in this case knew Frederico, as did her boyfriend, but he and Frederico were no longer friendly. 00:08:58 Speaker 2: We had a following out about a goain. I let him wear a gold chain, and so we got into an argument about me receiving my gold chain back. And a couple of days after that, they ambushed me one one that was coming out of my girlfriend's house and the boyfriend walk up to me with a gun in his hand, and the brother is walking on the side of and I didn't have no gun, and so when he got up on me, I was able to punch him, and when I hit him, I knocked the gun out of his hand. So we got into a scuffle, beat him and his brother. We was fighting in the middle of the street until we get tired of fighting, and if you wanted, jumped in the corn and burnt out as a direct result. I'm thinking that this is what this arrest may have stemmed from as well. 00:09:38 Speaker 1: So now we have two motivated parties, the cops and the alleged victim's boyfriend, And that takes us to May twenty first, nineteen eighty eight, and this woman who was seven months pregnant at the time, who was believed to have been raped and sodomized. 00:09:53 Speaker 3: Yeah, according to the State of May twenty first, nineteen eighty eight, the victim is with her boyfriend. They go out, like about midnight. They go get Hamburgers or something like that. They have a disagreement. She goes out to the car and sits in his car and then gets up and leaves and starts walking at like what five o'clock in the morning, and she's walking down the street. These guys come in the opposite direction, three guys, she says, in a car and they say, hey, you need a ride. She says no. They go down the block, make a youth turn, come back, and this one guy jumps out of the car and grabs her by the hair and pulls her into an alleyway and these other two guys get out of the car and hold her down, and allegedly at that point the one guy who initially jumps out of the car, takes off her underwear. He then assaults her orally and then vaginally, and then she gets up after it's all done, and runs off and screams, and she waves down motorists and good Samaritans take her in and they call the police, and the police come. 00:10:54 Speaker 1: And it just so happens that Hammon and Long were the first to respond to the scene. Now, they allegedly found her underwear and her wallet in an alley way, and she described the main attacker as a light skinned black man with freckles. 00:11:07 Speaker 3: And although Fredriko is light skin, there's no way in the world you could say he has freckles. And she allegedly knows Lobee never says anything about it being Lowbay. 00:11:17 Speaker 2: Yes, she stated all three black meals was involved and were unknown to her. 00:11:22 Speaker 3: So she goes to the hospital, she is examined and a rape kit is created. 00:11:28 Speaker 2: Now, keep the mind. The doctor asked her what was the list, and she has six She said, two weeks before the rape paint took place. 00:11:36 Speaker 1: Which would make sense because after all, she's seven months pregnant. 00:11:39 Speaker 3: Yeah, no, absolutely, this makes sense. And she maintained she wasn't sure whether the assailant didn't ejaculate. That became he didn't ejaculate in the case history when she was far from sure of that, and it becomes quite relevant a couple of years later when DNA is developing and you can do testing, because she definitely has semen. 00:11:59 Speaker 1: At her so that it's confusing. She said that she hadn't had sex for two weeks prior to the incident. She doesn't know whether the assailant had ejaculated, which the state eventually solidifies as that the assailant had not ejaculated, but there was semen found on the vaginal swab and seminal fluid found on the underwear. 00:12:18 Speaker 3: Then the issue becomes ultimately down the road. She says that when she gets assaulted, the assailant takes off her underwear, that she never puts the underwear on again. 00:12:29 Speaker 1: So if that is to be believed, then follow me here. The seminal fluid in the underwear is from a different source than the vaginal swap on which there were four or five sperm heads, and sperm can survive in a female reproductive track for up to five days, so these sperm heads could have been the result of an earlier unrelated sex act as far as five days into the past, or they could be from pre ejaculate, which is male glandular fluid that can carry sperm heads from previous ejaculations that were deposited in the males urethra. But either way, there was an insufficient amount of material to test with the methods available back in nineteen eighty eight to determine blood type, let alone a DNA profile, So all they had to go on was this undetermined seamen source and the description. 00:13:19 Speaker 3: Then the next day she calls up the cops wanting her wallet, and then Hammon and Long, who are police officers, they're not investigators. Traditionally this case on a sexual assault would be turned over to a sexual assault unit and detectives would be handling, not patrolman. And she has this conversation with I believe it was Long, in which she's looking for her wallet and he creates a phutto array at one o'clock or two o'clock in the morning and runs it out to her. And these officers both know Lavea, and these officers have been told by the victim that the assailants had freckles. They put a punt, and they don't attempt to put anybody in there with freckles. Why would you not do that? Then, why would you put Lobay in there? And you know he doesn't have freckles. 00:14:09 Speaker 2: So they took my photograph, he took my brother's photograph, and they took the photographs of three other guys for a house and they had her to sign in the back of a muffle graph and I'm the one that riped the sadomass. 00:14:23 Speaker 3: He's arrested within a couple hours. Do you think one of the officers would have said to her, wait a minute, Lebay doesn't have freckles, what are you talking about? You know, you take her initial description of it, You take the idea that she knows Lobey for twenty four hours, she doesn't name them, and then all of a sudden, he's being named to the two police officers who normally wouldn't be investigating a rape. And it's clear they got a relationship with Lobay and it's a hostile relationship. After the Lobey's acquitted in his marijuana case, these cops told them he's never going to make it through the summer. You take the idea that Lobay belongs to this Maurris temple. I mean, you have all these little factors going in and then that's how the case is made. I mean, it just stinks. 00:15:28 Speaker 1: And the smell didn't improve with the introduction of an additional charge. While Frederico was in pre trial detention, the alleged victim claimed that he had called to threaten her on June first, nineteen eighty eight, around eleven thirty am. 00:15:42 Speaker 3: She says she was threatened and based on an officer's testimony that around that time Lobay was on the phone. 00:15:51 Speaker 2: That's a crazy point. The telephone company to the phone call did not come on from out of the Saint Louis city too, where I was being illed on eighty eight. 00:15:59 Speaker 1: So, despite the impossibility, witness tampering, which showed an alleged consciousness of guilt, was added to Frederico's rape insidomy charges for trial in November nineteen eighty eight, and it seems his defense was well prepared to combat that allegation. When the alleged victim took the stand, they asked that. 00:16:16 Speaker 2: Well, how did she know it was Frederico? She said, I remember his voice in the alley. But the officers that came in and testified for me, his name was Geryl Pitchford. He testified that he worked a floor that I was on that day, and I could not have been on that phone because at the time that they saying that phone call came in, we were longed down preparing for visits dead winnisday afternoon, and we logged down at ten thirty. 00:16:41 Speaker 3: There was no connection that he called her other than her saying it was really fishy. And I don't know actually how he got convicted on. 00:16:49 Speaker 1: It, but there's much less confusion about how they managed to make the rape inside of me charges stick. 00:16:54 Speaker 2: She cut up on a stand and she stated that she remembered me from the neighborhood, and she identified me. She pointed to me and said, yeah, that's him. That's Ridrico sitting at the table with Mantorny andelain Landis. 00:17:07 Speaker 1: And then somehow the defense didn't impeach this in court identification with her initial description. After all, Frederico doesn't have freckles. But instead they took a less direct route, starting with Officer James Long. 00:17:21 Speaker 3: There's a pre trial hearing and Long says that she said the guy had freckles, right. So then they go to trial, Long testifies not a word is elicited from him about her saying the guy has freckles, right. 00:17:36 Speaker 1: So twice already they had squandered this impeachment evidence and it didn't come out until Frederico's girlfriend finally took the stand. 00:17:43 Speaker 3: She talks about right after Fredriko gets arrested on this case, she's up at the circuit attorney's office. They're trying to say, wait a minute, there's no way he could be the person that did this, and the victim is there and these two women have a conversation, and during that conversation, the victim says, to Frederico's girlfriend, then, in fact, the guy had freckles. And so the lawyer brings it out from the girlfriend who is his alibi witness, right, And of course, you know, the girlfriend alibi witnesses unbelievable because she's going to lie to protect them. He doesn't bring it out from anybody else. And then the victim says, but she's testify, No, I never said to this woman at the circuit attorney's office that the guy had freckles. Meanwhile, the cop who they're saying is trying to frame them, said she said this, and it never comes out. 00:18:30 Speaker 1: And so in addition to the bumbling of this discrepancy in the description, they were also prevented from offering evidence of the officers motivations. 00:18:38 Speaker 3: They try to prove that the cops basically were out to get them, and the judge refused to let him get into evidence that he had been acquitted on marijuana that these two officers testified and a jury found them not believable. 00:18:51 Speaker 1: So that strategy was neutered, and then the rape kit evidence was presented. Medical expert Joseph Crowe testified about finding four or five spermheads without their tails on the vaginal swab. Now, sperm begins to degrade immediately upon ejaculation, and tails the gread faster than the heads, and remember, sperm can survive up to five days in a female reproductive tract. 00:19:11 Speaker 3: He basically talks about, based on the sperm heads without tails, how long that indicates they could have been there? And the idea was is that that's an indication that they were depositive well before this event happened. 00:19:25 Speaker 2: And apostle, isn't it possible that the sperm could have been left for pre exaculation leakage to say year. 00:19:33 Speaker 1: Now they're positive that the assailant had not ejaculated, but this testimony makes room for two possibilities, one an earlier sex act, or two that the assailant may have deposited pre ejaculate. However, with the primitive methods that were available back in nineteen eighty eight, Crow testified that they couldn't pull a blood type, let alone a DNA profile from either the swab or the underwear seminal stain due to the small amount of material available, which Crow and the prosecution implied was further proof that the material had been from a previous, unrelated sex act, which at maximum happened five days into the past by today's knowledge and according to Crowe at that time twenty four hours Max. 00:20:17 Speaker 2: Keep in mad he has a report in his position to say is that the victim had not had sex for two weeks. Prides at the race heavens. But he comes to court and he testifies that this possible best firm could have been there from an old six act, but he could never be there from an old six acres. She had not had sex for two weeks, Prides and rate avenue. 00:20:37 Speaker 1: Yet that critical impeachment evidence evaded defense counsel. 00:20:41 Speaker 3: The lawyers representing Lobey don't have a legible copy of the medical record, and as a result, they don't know that she's told medical people within an hour of being brought in after being assaulted, that she hadn't had sex in two weeks with anybody. The original legible copy of the medical record goes into evidence. 00:21:06 Speaker 1: And this legible copy, with the statement about no sexual activity for two weeks was not discovered by Frederico's team until two thy fourteen. Now, perhaps the prosecution shared this illegible copy in the hope that this detail would not be discovered. So, but the presence of the sperm had neatly accounted for as either a previous unrelated encounter or the assailant's pre ejaculate, without any possibility of identifying the stories. At that time, the jury was sent to deliberate. 00:21:37 Speaker 2: Y compete, sent me to prison, gave me eighty five years, thirty five years for the rate, thirty five years for asdomy in, fifteen years for seven winness, eighty five years. I've been fighting this case ever since I've been in prison. I've been in the library. Ever since I've been in prison, I've been doing everything it is that I could do and fight this situation. 00:22:20 Speaker 1: After he exhausted his direct appeals, he followed a post conviction motion in two thousand and one for DNA testing of all the relevant elements, most importantly the vaginal swab and the underwear. 00:22:31 Speaker 2: The victim gave a deposition in September of nineteen eighty eight. Then she did not know if her rape is ejaculated in her vagina. So I explained to the court that it was possible that this sperm that we found could belong to the victims rapists. Therefore I should be entitled they have a DNA testing done. 00:22:52 Speaker 3: Jim McCloskey from our group got evolved way back in three oh four. 00:22:58 Speaker 2: McCloskey had presented a DNA fiances at that time, Robert Burke. He was able to convince the court that I should be entitled to DNA testings, and we came upon realizing technologies. 00:23:10 Speaker 1: Inc Relia Gene conducted why str testing, which analyzes why chromosomal DNA to identify paternal lineages. So this testing could include the source of biological material as well as any close male relatives, and they tested the vaginal swab as well as the underwear. 00:23:28 Speaker 2: So when the DNA come back not to match me, the state began the same with the evidence loaned to the victims board flan. As it was stated in the trial, this could be from either the rapist or it could be from the victim's board flan. We'll never know because he never tested whether or not they came from him. 00:23:46 Speaker 1: Now remember, during trial and even at this time in post conviction litigation, the legible medical record showing the alleged victim's claim of celibacy for the two weeks prior to the incident had not yet been discovered by Federico's legal team. So even though the Prospect Houston had submitted the legible medical records with that information into evidence, the trial testimony of the medical expert and the alleged victim reflects that the vaginal sperm was either pre ejaculate from the assailant or from an earlier sexual encounter with her boyfriend. 00:24:14 Speaker 2: Our boyfriend was in the court room right next door to us on drug sources, and as a direct result, the sheriff was able to go over there and get him and bring him to the courtroom where we were in, and he agreed to give a DNA semple, and it came back not to match him if it good, ordered the prosecutor to go produce the victim come in and testify. Why that dnasm that's. 00:24:35 Speaker 3: And so when the victim gets under stand Fredrico's he's not present while she's testified because she doesn't want to face them, and they have him out of the courtroom and she says, oh, would really freak me out? Was the freckles on his face right, clearly not remembering her denial, And the lawyer doesn't pick up by it. Wait a minute, you never said the guy had freckles. It just goes by the wayside. It seems to me it's incumbent of on the judge when someone give you such a distinctive identifier is to say, wait a minute, he doesn't have freckles. 00:25:07 Speaker 1: But the discrepancy in the description again slipped through their fingers. And now, when asked to explain how both her boyfriend and Frederico were excluded from the vaginal sperm, she once again contradicted her statement from the yet to be discovered legible medical records. 00:25:23 Speaker 3: She suddenly testifies that she had sex with four different people within a day or two of this assault, and the boyfriend who she's living with, he's excluded, and obviously Frederico's exclusive. And then there was this other guy who had passed away. 00:25:38 Speaker 2: So she said she had stricks with a guy named Fred Knocks the week before this. So the FBI who were able to provide us with a vowel of his blood and they kissed it. When it didn't match Fred Knocks, she says she has sex with two other guys that she don't remember. 00:25:56 Speaker 3: So we don't know whether the semen is from the two unknowns that she had consensual sex with. 00:26:03 Speaker 1: So when the DNA test results excluded both sources of the vaginal sperm, the narrative completely changed and three new possible sources were added, two of whom could never be confirmed nor denied. And since this information wasn't part of the trial record, what else isn't real. What we do know is that the profile found on the vaginal swab was also present on the seminal stain in the underwear. 00:26:28 Speaker 3: And then the issue becomes with this judge is that what she says she never put her underwear back on so therefore the semen in the underwear cannot have been from the assailant. 00:26:41 Speaker 1: If we're basing our logic off of her word, again, we need to ask what else isn't real? After all? At this point in post conviction, the court and Frederico's team were still operating under the misapprehension that she hadn't claimed to be celibate for two weeks prior to this incident. 00:27:00 Speaker 3: Jim McCluskey retained Rix and Dell Local Council. They did habeas in fourteen and that's when they found the legible copy of the medical records and kind of brought a habeas action in Missouri State Court. And then the habeas action was basically that the DNA hearing really wasn't fair because they suppressed this medical record. The argument got shot down by the fact that the actual medical record went into evidence at the trial. 00:27:24 Speaker 1: So sharing this illegible medical record, the prosecution appears to have just made an honest mistake, right, yeah, okay, and I got a bridge to sell you as well. Maybe it was deceit anyway. Ultimately, the state ignored this statement about two weeks of celibacy, while also submitting the legible medical records into evidence, all while bearing no responsibility. The onus falls solely on both trial and appellate council. 00:27:55 Speaker 3: It could have been no, yeah, the words are due diligence if you exercise due dili She would have known this idiot. 00:28:02 Speaker 1: So by ignoring the initial statement and not being discovered, the prosecution and the alleged victim could create a narrative based on what appears to be a false premise that the alleged victim had not been celibate for two weeks, thereby leaving the narrative open to first the boyfriend as a contributor at trial, then during post conviction Fred Knox, and finally these two unknown contributors on which the two thousand and seven two thousand and eight denial was based upon. 00:28:31 Speaker 2: I should have been released from prison once it didn't mess for a knocks, but did say she believed the victim saying that she had sex with two other guys brought to the wave evene and none of this evidence was ever disclosed to me, And as a direct result, I've been sitting in prison all of this time because the jilla says she believed what the victims said. Is the absolute true, but she did not know. The victim told the doctor who examined her that she had not had sex with two weeks prior to the rate. Then and every court returned to to give us the opportunity to show that I'm being healed illegally. They disregard this evidence like it's nothing. 00:29:10 Speaker 1: Again, zero culpability is placed on the prosecutor, while the court places the onus on Frederico and whoever was representing him at any stage to have found the legible copy of the medical record rather than have just naively accepted what the prosecution shared. 00:29:27 Speaker 2: The prosecutor told my lawyer at the time, all of the documents looked just alike all the time. They had stations. Hibit twenty eight was a clerk that concise copy of the medical report, and the medical report say that she had had six for two weeks. But the prosecutor had a duty and obligation according to Naphew versus Illinois, not the Falster false evidence before the court. And I tried to bring it to the Court of Appeals because they have what you call a manifest and justice exception to open up the case, to allow you to go back in and overcome the procedure bare. 00:30:00 Speaker 3: In Missouri, the post conviction rules are so restrictive about when you have to file, how you have to file. It's very hostile to people trying to prove that they're innocent. The rules are all geared against you. 00:30:15 Speaker 2: Really, because I'm procedurally bored, nobody want to hear what I got to say. 00:30:20 Speaker 1: And it appears that the skulduggery goes even deeper. 00:30:25 Speaker 2: When they first gave us the illegible documents. I had a prosecutor down there who told us, if we didn't like how the documents look, we said, contact our supervisor. His name was George Peach. When my attorney, Honanda said he wouldn't make time for him to discuss none of the reports with him, I said, I'll write him on my own shit. I sent them a letter on July to seventh, nineteen eighty eight, and he never rode back. But this is the crazy part about George Peach. George Peach stole money out of the Saint Louis Circuits attorney's petty cash for her to buy sex from undercovered and was caught in the staying down in the See of Saint Louis. 00:31:03 Speaker 1: He was fired from there, so it seems that both his trial attorney and Frederico both made inquiries about this illegible document and were met with the elected circuit attorney, George Peach, who eventually resigned in nineteen ninety two behind this alleged financial and sexual impropriety, and it appears that this Peach had tried to pawn off his impropriety on a man who he had already wrongfully convicted of rape, a guy who none other than Barry Shack himself had helped to exonerate a man named Larry Johnson. 00:31:36 Speaker 2: George Peach used Larry Johnson's name as an individual who was buying the sixth on the undercovered cop when he got caught up in the state knowing that Larry Johnson was in prison serve and licensing, and he used that man name in vain and Larry Johnson was later exonerated by Very Shick, and Barry Shick had been to talk real bad about the prosecute de den who took over Doeorgep's position, which was Jennifer's choice because she fought him on the same thing that I'm being fought for right now. With this guy named gave gore down at Saint Louis Circus Attorney's office right now. 00:32:09 Speaker 3: We had a meeting with the Circuit attorney or they were unreceptive to the reinvestigation of the police officers and what happened in the case. I understand there's a new person that's now at the Circuit Attorney's office that's handling claims of innocence and reviewing them. So, I mean that's one avenue. 00:32:30 Speaker 2: Recently, I founded an emotion in the United States District in Eastern District of Missouri because they have a DNA database now for hy SDR DNA testing. I found an emotion for judge down there to allow me to put the evidence into why SDR DNA database to find that the individual that we're looking for. Also, I want to bring to your attention, they charged me as a private assistant in the Classics offender. CLASSICS offender requires me to serve eighty percent of the time in prison. Right, But guess what in order to be a Class AS offender, I have to be charged with Class AO Class B stundies. I've been joged with unclassified stundies. That doesn't qualify as a Class B or Class A felly and as a direct result, they've been haveing me serve eighty percent of this sentence, which normally I would be required to serve thirty percent and be released on parole. 00:33:24 Speaker 1: Thirty of eighty five years is twenty five and a half, and since Frederico has already served thirty seven long, miserable, fucking years, he'd be parole eligible now. So maybe, just maybe Missouri would be willing to consider that road. But in the meantime, we hope that someone who's listening may have useful information about this case, and if you do, please come forward. 00:33:46 Speaker 2: They can reach out to Paul with any information that they may think that would help our situation. 00:33:51 Speaker 1: Well link Paul's contact info at Centurion Ministries in the episode description. So now we're going to go to closing arguments and Frederico and Paul, well, what can I say except for thank you from all of us here at Wrongful Conviction for joining us here today and sharing this harrowing story. And now I'm just going to kick back in my chair and close my eyes and listen to anything else you guys feel is left to be said. 00:34:16 Speaker 3: The injustice of the case and how weak a case it is, and the lack of credibility of basically all the characters that put him away for his life is just incredible. Everybody is kind of just looks the other way. Sometimes facts to become known and put together take a lot of time, and the idea that time becomes the bar to the consideration of a full record that I find is just so scary. Throughout history, we've always learned that sometimes time is the truth. And in Missouri, because of all these rules that they have, they say it's just the opposite. I just find it so righting that you don't care. You simply don't care if you have somebody that's innocent, and if the person has some questionable background, do you even care less about whether you heap this immense injustice on them. 00:35:15 Speaker 2: I'm focusing, and I'm focused on getting out. I'm focused on getting out, and I'm thankful that I got guys like you, Vesend and whoever else say if I can get to push me to the limits where I need to go. 00:35:33 Speaker 1: Thank you for listening to Wrongful Conviction. You can listen to this and all the Lava for Good podcasts one week early and ad free by subscribing to Lava for Good plus on Apple Podcasts. I want to thank our production team Connor Hall and Kathleen Fink, as well as my fellow executive producers Jeff Kempler, Kevin Watis, and Jeff Kliber. The music in this production was supplied by three time OSCAR nominated composer Jay Ralph. Be sure to follow us across all social media platforms at Lava for Good and a Wraful Conviction. You can also follow me on Instagram at It's Jason flamm Wrawful Conviction is a production of Lava for Good Podcasts and association with Signal Company Number One. We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.