Latest / Wrongful Conviction / #038 Jason Flom with Jon-Adrian Velazquez
Transcript
- 0:01Speaker 1: This is a hard one for me to even talk
- 0:03Speaker 1: about because John Agrian Alasquez is someone who I consider
- 0:10Speaker 1: well more than a close friend, I consider him extended family.
- 0:16Speaker 1: I hate to report that nothing much has changed since
- 0:19Speaker 1: the episode I recorded with him behind the walls of
- 0:23Speaker 1: maximum security prison sing Sing Correctional Facility on March sixth,
- 0:27Speaker 1: twenty seventeen.
- 0:28Speaker 2: He's still there.
- 0:29Speaker 1: I mean, just think about that's two and a half
- 0:32Speaker 1: years ago, and he's been in for well over two
- 0:35Speaker 1: decades now. The bad news is that, even with a
- 0:41Speaker 1: tremendous amount of effort from so many great advocates, his
- 0:45Speaker 1: motion for new trial based on a Brady violation was denied.
- 0:49Speaker 1: I'm not really sure how that could happen. The Brady
- 0:51Speaker 1: violation would seem to be obvious to almost anyone, but
- 0:56Speaker 1: this judge.
- 0:56Speaker 2: Didn't see it that way.
- 0:58Speaker 1: So JJ is anyone making the best of a terrible situation.
- 1:03Speaker 2: And I will.
- 1:05Speaker 1: Say this sinxing Correctional hosts some wonderful events called Choices,
- 1:10Speaker 1: which are focused on helping children of inmates follow their
- 1:12Speaker 1: own paths in life and not make the mistakes that
- 1:16Speaker 1: their fathers may have made. In JJ's case, so John
- 1:20Speaker 1: Adrien's case, he didn't make any mistakes, but many of
- 1:23Speaker 1: the men who are incarcerated there certainly did things that
- 1:27Speaker 1: we want to help steer their children away from. So
- 1:30Speaker 1: in April twenty seventeen. In December of twenty eighteen, JJ
- 1:34Speaker 1: John Adrien organized, fundraised and was the massive ceremonies of
- 1:37Speaker 1: the Choices events.
- 1:38Speaker 2: I was there. It was a powerful presentation.
- 1:40Speaker 1: In October of twenty seventeen, he organized, coordinated, and co
- 1:44Speaker 1: moderated NYCHEPS. That's nychep's second annual conference. Nychep's collective goal
- 1:51Speaker 1: is to increase access to higher education for those impacted
- 1:54Speaker 1: by the criminal justice system and to pool resources in
- 1:57Speaker 1: order to create seamless access to quality education in prison
- 2:00Speaker 1: and beyond. In October twenty seventeen, he also organized and
- 2:04Speaker 1: facilitated the first ever job Readiness and re Entry Initiative
- 2:08Speaker 1: at sing Sing for individuals in the Singing population who
- 2:12Speaker 1: have eighteen months or less until they're to be released.
- 2:15Speaker 1: It's designed to prepare them for re entry so important.
- 2:19Speaker 1: While imprisoned, John Adrian has been a teacher Fellow for
- 2:23Speaker 1: Columbia University and the Psychology Course from September to December
- 2:27Speaker 1: twenty eighteen, and he's still an administrative program assistant for
- 2:30Speaker 1: Hudson Link for Higher Education in prison, a position he's
- 2:33Speaker 1: held since twenty fifteen.
- 2:35Speaker 2: His accomplishments behind.
- 2:37Speaker 1: Bars are above and beyond the accomplishments of so many
- 2:41Speaker 1: people in free society, and I just want to get
- 2:43Speaker 1: him home.
- 2:50Speaker 2: With the police banging on the door, open up.
- 2:55Speaker 3: The choice to be in that lineup was the last
- 2:57Speaker 3: choice I made as a free man. A year later,
- 3:00Speaker 3: I ended up writing the system. I'm going to be
- 3:04Speaker 3: one of those people who everyone in the world is
- 3:06Speaker 3: going to.
- 3:06Speaker 4: Think as a monster or suspect is a monster for
- 3:08Speaker 4: the rest of my life, and I'm just going to
- 3:09Speaker 4: have to come to peace with that.
- 3:12Speaker 3: Somebody was able to look at my picture in the
- 3:14Speaker 3: database and say that I was somewhere where I definitely wasn't.
- 3:20Speaker 3: I overheard three of the jailers discussing what part they
- 3:22Speaker 3: might have to play in my hanging. They had been
- 3:25Speaker 3: told that two prison officers would have to participate in
- 3:28Speaker 3: my execution. Now I walked back inside that prison for
- 3:32Speaker 3: the last time. Man all help broke loose.
- 3:34Speaker 1: But welcome to another edition of Wrongful Conviction. Today's a
- 3:46Speaker 1: very special day because this is the debut of wrongful
- 3:49Speaker 1: conviction behind Bars, and our guest today is my dear friend,
- 3:53Speaker 1: an innocent man stuck in a nightmare here at Sing
- 3:56Speaker 1: Sing prison.
- 3:57Speaker 2: John Adrian Velasquez, also known as Jay.
- 4:00Speaker 4: John Adrian Belasquez, convicted of killing a retired New York
- 4:04Speaker 4: City police officer during a botched robbery and Harlem. Fifty
- 4:07Speaker 4: nine year old Albert Ward was killed. Blaskaz was found
- 4:10Speaker 4: guilty of second degree murder JJ. Velaskaz was thrown in
- 4:13Speaker 4: a lineup been fingered for murdered by a drug dealer
- 4:15Speaker 4: who the police threatened with the rest with no physical evidence.
- 4:18Speaker 2: Valasquez was prosecuted for murder.
- 4:20Speaker 4: This sentence twenty five years to life.
- 4:23Speaker 3: Valaskaz remains in prison.
- 4:26Speaker 2: JJ. Welcome to the show.
- 4:28Speaker 3: Thank you so much for having me.
- 4:29Speaker 1: You're hearing a lot of background noise today, and there's
- 4:31Speaker 1: a very simple reason for that, which is that we
- 4:33Speaker 1: are inside of Sing Sing correctional facility and it is
- 4:37Speaker 1: a noisy place and there's really no getting away from it.
- 4:40Speaker 1: I apologize for any distractions that you're going to experience
- 4:43Speaker 1: during today's show. We've highlighted the cases of over a
- 4:47Speaker 1: dozen people so far who've been exonerated, and my hope
- 4:51Speaker 1: is that in bringing more exposure and light to your situation,
- 4:55Speaker 1: that this will be another part of the process of
- 4:58Speaker 1: getting you out. Because JJ is just as innocent as
- 5:02Speaker 1: any of the people who've been on the show, but
- 5:04Speaker 1: as of yet, he has not been able to win
- 5:07Speaker 1: his freedom. So that's what we're here to talk about today.
- 5:11Speaker 1: But before we even get into that, I want to
- 5:13Speaker 1: go back. Let's go back to how you grew up,
- 5:16Speaker 1: where you grew up. You know, we like to always
- 5:18Speaker 1: give a little context.
- 5:20Speaker 3: Sure, I'm a native New Yorker, grew up in a
- 5:22Speaker 3: middle class family home. My mother was a healthcare worker
- 5:26Speaker 3: and eventually she went through training and became a union
- 5:29Speaker 3: organizer for eleven ninety nine. My father is a former
- 5:33Speaker 3: was a former US Army veteran who later became an
- 5:36Speaker 3: Amtrak police officer. By the age of ten, things changed
- 5:40Speaker 3: in my household. I started to realize a lot of
- 5:44Speaker 3: arguments and fights were happening between my parents, and it
- 5:47Speaker 3: was because my father was actually living a double life.
- 5:50Speaker 3: He had two families. I found out for the first
- 5:53Speaker 3: time that I had a younger brother that was five
- 5:56Speaker 3: years younger than me. Half brother from another mother. It
- 6:00Speaker 3: was kind of ecstatic to have a brother. At that time,
- 6:02Speaker 3: I was young and I was naive, and I didn't
- 6:04Speaker 3: really get to see what was about to happen because
- 6:08Speaker 3: everything changed. The dynamics of my household changed. My father
- 6:11Speaker 3: wasn't around as much anymore, and he made it his
- 6:14Speaker 3: business to remain present in my life. But it's impossible
- 6:19Speaker 3: to be two places at once, and eventually I started
- 6:23Speaker 3: to fill that void that I missed with my father
- 6:26Speaker 3: by spending more time in the Devil's playground. And for
- 6:30Speaker 3: those that are listening that may not understand what the
- 6:32Speaker 3: devil's playground is, the streets of New York are harsh,
- 6:36Speaker 3: and when you go out there and you start to
- 6:38Speaker 3: experience and be exposed to the streets, you start being
- 6:42Speaker 3: overwhelmed by certain environmental factors. And in my particular neighborhood,
- 6:47Speaker 3: there was a lot of negative peer influence and that
- 6:50Speaker 3: kind of changed the dynamics of my thinking. It changed
- 6:54Speaker 3: the trajectory of my interests where at one point all
- 6:58Speaker 3: I cared about was school, sports, and home, And then
- 7:02Speaker 3: a time came where I lost interest in home in school,
- 7:09Speaker 3: but I still had that interest in sports. I had
- 7:12Speaker 3: this dream because I was good. Baseball was really where
- 7:16Speaker 3: I was at a lot of people believed in my talent.
- 7:19Speaker 3: I had gotten hit by a bus at the corner
- 7:20Speaker 3: of my school when I was sixteen, days after my
- 7:23Speaker 3: sixteenth birthday, and when the doctors told me that I
- 7:26Speaker 3: would never be able to compete at the same level
- 7:29Speaker 3: that I was used to. That changed my life. That
- 7:32Speaker 3: was a crossroad at that point when school went out
- 7:35Speaker 3: the window, or when sports went out the window. Rather,
- 7:38Speaker 3: school went out the window with it, and I started
- 7:41Speaker 3: cutting class, and before you knew it, I became so rebellious.
- 7:46Speaker 3: There were so many arguments in my household with my
- 7:48Speaker 3: mom's and I would try to play my father against
- 7:51Speaker 3: my mother and my mother against my father. And eventually
- 7:53Speaker 3: I just got tired of it all and I ran
- 7:55Speaker 3: away from home and in search of my independence. In
- 7:58Speaker 3: pursuit of my independence, I found my self homeless. I've
- 8:02Speaker 3: had many nights where I went to sleep hungry, and
- 8:05Speaker 3: I know what it is to live off of a
- 8:07Speaker 3: dollar a salami and a dollar cheese and a stolen
- 8:09Speaker 3: loaf of bread. And that's basically where everything started for me.
- 8:15Speaker 3: As a whole different aspect of living in New York
- 8:20Speaker 3: because I was on my own and I didn't have
- 8:22Speaker 3: working papers, I didn't have an ID, I was a
- 8:25Speaker 3: high school drop out. I'm running for my mother and
- 8:28Speaker 3: my father, so I can't I got to stay away
- 8:30Speaker 3: from police, I got to stay away from anybody who
- 8:32Speaker 3: can officially report me to my family. And it was
- 8:35Speaker 3: a matter of pride, like I left and I didn't
- 8:38Speaker 3: want to go back. And then there was also a
- 8:40Speaker 3: matter of fear where it was like I'm going to
- 8:42Speaker 3: be judged when it gets scolded, you know, So there
- 8:45Speaker 3: was shame. There was a lot of different factors playing
- 8:49Speaker 3: in and it just made me go deeper and deeper.
- 8:51Speaker 3: And it was like, I've realized now that that was
- 8:54Speaker 3: the worst choice in my life, because all I did
- 8:57Speaker 3: from that point forward was continued to make worse choices
- 9:01Speaker 3: that dig the deeper grave.
- 9:03Speaker 1: You somehow or other, managed to survive very difficult circumstances,
- 9:09Speaker 1: a lot of disappointments, a lot of things that no
- 9:12Speaker 1: child should have to go through and end up on
- 9:15Speaker 1: the streets. But you turned it around to the extent
- 9:19Speaker 1: that you met a great woman, right and you had
- 9:22Speaker 1: a couple of kids. Yeah, So how did you go
- 9:25Speaker 1: from a sixteen, seventeen year old kid on the streets
- 9:28Speaker 1: to being a twenty two year old man with a
- 9:31Speaker 1: couple of kids and a wife and more of a
- 9:34Speaker 1: stable situation.
- 9:36Speaker 3: So basically what happened is being in the streets. I
- 9:39Speaker 3: met Vanessa. I met her at sixteen turning seventeen. Eventually
- 9:43Speaker 3: I started living with her, and her family took me
- 9:45Speaker 3: in and I was still trying to survive and I
- 9:48Speaker 3: was moving too fast for my own good. Before you
- 9:51Speaker 3: knew it, I was a father, and that made me
- 9:55Speaker 3: start to take life a lot more seriously. And I'm
- 9:57Speaker 3: trying to figure out my way and say, all right,
- 10:00Speaker 3: and I need to do something, and I need to
- 10:01Speaker 3: do something to ensure that my family's going to be
- 10:04Speaker 3: all right. Tried to look for jobs, but again my
- 10:06Speaker 3: high school drop out. At that point, I didn't know
- 10:10Speaker 3: what skills I may have had that were employable. I
- 10:13Speaker 3: was a child trying to find my way. Before you
- 10:15Speaker 3: knew it, I was a father with another child on
- 10:18Speaker 3: the way, and it was rough. I was basically living
- 10:21Speaker 3: off of Vanessa because she was getting welfare, and it's
- 10:24Speaker 3: all social service, you know, SSI. I mean, the rent
- 10:27Speaker 3: was under one hundred dollars, so it was affordable, you know.
- 10:31Speaker 3: But at the same token, they don't know I'm living there.
- 10:34Speaker 3: And it's crazy because, yeah, I got arrested a few times,
- 10:38Speaker 3: no charges ever, you know, stuck. I've gotten arrested for loitering.
- 10:42Speaker 3: I've gotten arrested for all kinds of little nonsense that
- 10:45Speaker 3: happens in the neighborhood. They gave me a trespassing for
- 10:47Speaker 3: going to see a friend in the projects because I
- 10:49Speaker 3: don't live in the projects. What people need to realize
- 10:52Speaker 3: in New York and all over the world is that
- 10:55Speaker 3: all it takes for you to be in my shoes
- 10:58Speaker 3: is to get arrested, for them to take a picture,
- 11:00Speaker 3: for them to take a name and put it in
- 11:02Speaker 3: a system, for them to take your fingerprints. That's what
- 11:06Speaker 3: starts everything. That's what started for me. Somebody was able
- 11:10Speaker 3: to look at my picture in a database and say
- 11:12Speaker 3: that I was somewhere where I definitely wasn't.
- 11:15Speaker 1: And I want to talk about that for a second, JJ,
- 11:17Speaker 1: because I'm very well aware of the fact that in
- 11:21Speaker 1: the poorest neighborhoods like the one that you were residing in,
- 11:25Speaker 1: they do these sweeps and they'll pick people up for
- 11:28Speaker 1: riding a bike on the sidewalk, or like you said,
- 11:31Speaker 1: visiting a friend. I mean, I'm not sure how that's
- 11:33Speaker 1: a crime, you know, trespassing, You could call trespassing anything.
- 11:37Speaker 1: I mean, you might as well arrest somebody for breathing.
- 11:39Speaker 1: It's you know, it's almost a fada complee that a
- 11:42Speaker 1: young person like yourself, especially a person of color, is
- 11:45Speaker 1: going to end up in the system in some form
- 11:49Speaker 1: or another for doing the same type of thing that
- 11:51Speaker 1: other people in other parts of the city or other
- 11:53Speaker 1: parts of the country would not.
- 11:54Speaker 2: Get arrested for.
- 11:55Speaker 1: As you said, that starts a chain of events that
- 11:58Speaker 1: can only have negative consequence and in your case, tragic consequences.
- 12:02Speaker 2: When I tell these.
- 12:03Speaker 1: Stories to people, they go, but that can be like,
- 12:06Speaker 1: you can't convict somebody with no evidence, but you can absolutely.
- 12:10Speaker 1: So there you were, you have your two kids, You're
- 12:12Speaker 1: turning your life around, doing the best you can.
- 12:14Speaker 3: At the time, yeah, I was actually a student at
- 12:17Speaker 3: TCI Technical Careers Institute trying to learn about computer programming,
- 12:21Speaker 3: trying to get a skill that would be employable.
- 12:23Speaker 1: And to your credit, it's interesting because I think for
- 12:26Speaker 1: some people, the responsibility of fatherhood, of having become a
- 12:30Speaker 1: father at such a young age causes them to run.
- 12:33Speaker 1: But in your case, you took it seriously, and you
- 12:34Speaker 1: took it as it actually has an opportunity to turn
- 12:36Speaker 1: your life around.
- 12:37Speaker 3: Absolutely.
- 12:37Speaker 2: So one day everything changed.
- 12:40Speaker 3: It's almost like a blink of an eye. I receive
- 12:42Speaker 3: a phone call. It was a Saturday morning, and it's
- 12:45Speaker 3: from my brother's mother, Carmen, who I also have a
- 12:48Speaker 3: very close relationship with. And basically my license, my driver's
- 12:52Speaker 3: license was addressed to my father's address and that's where
- 12:55Speaker 3: Carmen and my brother Jason lived. So they went to
- 12:58Speaker 3: that apartment at Life four in the morning Friday night
- 13:02Speaker 3: going into Saturday morning, and they were looking for me.
- 13:05Speaker 3: You have police officers looking for me, and they tried
- 13:09Speaker 3: to even grab up my little brother. Now, at the time,
- 13:13Speaker 3: I was twenty one years old, so my little brother
- 13:15Speaker 3: being five years younger than me, it's sixteen years old.
- 13:19Speaker 3: The description was given of two male blacks from twenty
- 13:22Speaker 3: five to thirty years old. Why are you trying to
- 13:24Speaker 3: grab up this child? Clearly he looks like a child.
- 13:27Speaker 3: Clearly he doesn't look like me either, and neither one
- 13:30Speaker 3: of us appear to be two black men, right, but
- 13:34Speaker 3: they're trying to grab him, thinking that he's me for
- 13:37Speaker 3: whatever odd reason. And then Carmen just makes a big
- 13:40Speaker 3: stink and says, do you understand that this is the
- 13:42Speaker 3: house of an officer who died within the last ten months.
- 13:47Speaker 3: Do you understand what you're doing. You're violating the children
- 13:49Speaker 3: of somebody who served this country just like you. And
- 13:53Speaker 3: that's when they were like, they eased up a little bit.
- 13:55Speaker 3: They didn't have a warrant for arrest, so they gave
- 13:58Speaker 3: her a card and said, listen, and you get in
- 14:00Speaker 3: touch with mister Velaskis. Please have him get in touch
- 14:02Speaker 3: with us. We're trying to help him. I was living
- 14:05Speaker 3: in the Bronx with Vanessa and I get this call
- 14:07Speaker 3: from Carmen and it's a startling call because she's like, listen,
- 14:10Speaker 3: you know the cops are looking for you. They're saying
- 14:11Speaker 3: something about you shot a police officer and that you
- 14:14Speaker 3: need to call them. They're making it seem very serious.
- 14:17Speaker 3: They came in here deep and I'm like, listen, Carmen,
- 14:20Speaker 3: what's going on? What are you talking about? I have
- 14:23Speaker 3: no idea what you're talking about. Slow down, And she's like, yo, listen.
- 14:26Speaker 3: All I know here's a number they want you to call.
- 14:29Speaker 3: I'm like, what precinct did they come from? You know,
- 14:32Speaker 3: where's this coming from. Listen, here's the name. His name
- 14:35Speaker 3: is Joseph Latrenta. Here's his phone number. They told me
- 14:38Speaker 3: the precinct. At the time, it was a twenty eighth precint.
- 14:40Speaker 3: I don't think I even registered.
- 14:42Speaker 2: That was this four in the morning.
- 14:44Speaker 3: She called me about nine in the morning. She waited
- 14:47Speaker 3: until a decent time I guess to call me. At
- 14:49Speaker 3: that point, I started to kind of like panic, and
- 14:52Speaker 3: I was frantic. And I have two children. One is
- 14:55Speaker 3: a child that's only a few weeks old. I have
- 14:58Speaker 3: Vanessa there. Vanessa realized from the phone call that something
- 15:02Speaker 3: serious is going on. But she's like, what's going on?
- 15:05Speaker 3: And I'm like, yo, just wait a minute. I gotta
- 15:07Speaker 3: process this, Like I really don't even know what's going on, Like,
- 15:11Speaker 3: let me call my mother. So I called my mother
- 15:12Speaker 3: and I'm like, yo, ma, you know they're saying the
- 15:15Speaker 3: police are looking for me. She started getting hysterical on
- 15:17Speaker 3: phone what happened? And I'm like, listen, I don't know
- 15:20Speaker 3: what happened. I don't know what happened. This is what
- 15:22Speaker 3: I know, I know the police are looking for me.
- 15:24Speaker 3: I know it's the weekend. I know it's not a
- 15:26Speaker 3: good time to get into contact with the police because
- 15:29Speaker 3: I can't see a judge or anybody else until maybe
- 15:33Speaker 3: one day if they come for me. They're saying this
- 15:35Speaker 3: is serious. It's saying I shot a cop. I have
- 15:37Speaker 3: no idea what this is about, but I'm scared and
- 15:40Speaker 3: I need your help. What are we going to do?
- 15:42Speaker 3: So she's like, stay there, I'm coming. My mother lives
- 15:44Speaker 3: upstate at the time, and she came and picked me up,
- 15:47Speaker 3: and she took me to the church that we used
- 15:49Speaker 3: to attend together regularly on the weekend. It's called Love
- 15:51Speaker 3: Gospel Assembly. We went to the church and there were
- 15:54Speaker 3: a few people there and we started to tell what
- 15:57Speaker 3: was going on, but everything was so limited, like didn't
- 16:00Speaker 3: have any real knowledge. And they're saying, listen, the first
- 16:02Speaker 3: thing you got to do is get an attorney and
- 16:04Speaker 3: contact the precinct. So we try to figure out, you know,
- 16:09Speaker 3: who would be a good lawyer. So I try to
- 16:11Speaker 3: speak to a couple of my friends that I know
- 16:13Speaker 3: have been involved in the system. Do you know any
- 16:15Speaker 3: good lawyers? They tell me your name, his name, is
- 16:17Speaker 3: Franklin Gould may rest in peace. At this point, I've
- 16:20Speaker 3: learned that he has passed away recently, so I'm trying
- 16:23Speaker 3: to get in touch with Franklin Gould.
- 16:25Speaker 2: Bad part about this.
- 16:26Speaker 3: Again, it's the weekend. How do you get in touch
- 16:28Speaker 3: with a lawyer over the weekend? Right? And we're waiting
- 16:31Speaker 3: for frank Gould to get back to us, and in
- 16:35Speaker 3: that time, the range of emotions that we went through
- 16:37Speaker 3: as a family picture us being in a car driving
- 16:41Speaker 3: around aimlessly. It's my mother, me, Vanessa, JJ, which is
- 16:48Speaker 3: my son, right, I don't want to confuse nobody and Jacob,
- 16:51Speaker 3: and JJ is three years old at the time. Jacob
- 16:56Speaker 3: is a few weeks He was born December twentieth, and
- 16:58Speaker 3: this is Jane where he maybe thirtieth, so he's a
- 17:02Speaker 3: little bit more than a month. And we're driving around
- 17:05Speaker 3: aimlessly and aimlessly, and every time I see a police
- 17:08Speaker 3: car it's like I get this little chill and I
- 17:11Speaker 3: don't know what's going to happen here. Eventually we get
- 17:14Speaker 3: in touch with this lawyer. We were outside of a
- 17:17Speaker 3: restaurant and I remember I spoke to him briefly. I
- 17:20Speaker 3: didn't have any information for him. I didn't know what
- 17:22Speaker 3: to tell him. He's asking me for information, like I'm
- 17:24Speaker 3: supposed to know certain things. I don't know nothing.
- 17:27Speaker 2: All you know is that the cops are looking for.
- 17:31Speaker 3: Well, no, I didn't even know there was a murder
- 17:33Speaker 3: at the time. At that point, all I was told
- 17:36Speaker 3: was that a cop was shot. But I just want
- 17:38Speaker 3: to address this and get it over with because the
- 17:40Speaker 3: longer I'm out here, the more my life is in jeopardy.
- 17:44Speaker 2: And he wants you to give him details, which you would.
- 17:46Speaker 3: Have to have them. I'm trying to tell him, I'm
- 17:48Speaker 3: hiring you so you can get the details, right, That's
- 17:50Speaker 3: just why I'm calling you. So he said that he
- 17:53Speaker 3: had contacted the precinct but that they weren't giving any information.
- 17:57Speaker 3: They just wanted me to turn myself in. But I
- 18:00Speaker 3: left him on the phone my mother, and when my
- 18:04Speaker 3: mother came back, I was so upset. I was scared,
- 18:08Speaker 3: but I was so upset that I decided there's no
- 18:10Speaker 3: way I want to deal with this guy. Because this
- 18:13Speaker 3: lawyer told my mother that if we were to get
- 18:15Speaker 3: pulled over by police, that I should put my head
- 18:18Speaker 3: down in the ground and that my mother should throw
- 18:20Speaker 3: her body over me to make sure that nothing happens
- 18:23Speaker 3: to me, because I could get shot and I didn't
- 18:26Speaker 3: like that. You know, if anything, he should have said
- 18:29Speaker 3: that to me while I was on the phone. You
- 18:30Speaker 3: don't see that to my mother had a frantic you know.
- 18:33Speaker 1: That's a strange thing for a lawyer to say. I mean,
- 18:36Speaker 1: I understand he was in a certain way trying to
- 18:39Speaker 1: prevent it. Looking that's a little bit hysterical. Yeah, and yeah,
- 18:45Speaker 1: and you're absolutely right. I mean he should have addressed
- 18:47Speaker 1: that directly with you, right, So you ended up not engaging.
- 18:51Speaker 3: I didn't engage with him. We ended up dealing with
- 18:53Speaker 3: an attorney. I believe his name is Goldstein. I don't
- 18:56Speaker 3: know his first name. And he told us to go
- 18:59Speaker 3: to a hotel and we got a hotel. We called
- 19:01Speaker 3: him from the hotel, gave me the address, and everything
- 19:05Speaker 3: is crazy. At this point, Vanessa and my mother go
- 19:07Speaker 3: get the hotel room. I'm sneaking in through the back.
- 19:10Speaker 3: I'm afraid, and I'm staying in the hotel room. I'm
- 19:12Speaker 3: waiting for this guy. So this the lawyer comes. He
- 19:15Speaker 3: comes to the hotel and he meets me and he's like,
- 19:17Speaker 3: all right, how you're doing this is what's going to happen.
- 19:19Speaker 3: I contacted the precinct. I told him that I'm arranging
- 19:21Speaker 3: to turn you in on Monday, right because it was
- 19:24Speaker 3: Saturday still, so he says, I'm going to turn you
- 19:26Speaker 3: in on Monday. Until then, I want you to stay
- 19:28Speaker 3: in this hotel room. I do not want you to
- 19:30Speaker 3: leave this hotel room. I want you to shave your face.
- 19:32Speaker 3: I want you to be clean shaving. We're going to
- 19:34Speaker 3: walk into that precinct early in the morning on Monday,
- 19:36Speaker 3: and we're going to deal with this situation. I want
- 19:39Speaker 3: a thousand dollars right now. I want one thousand dollars
- 19:41Speaker 3: the day that you turn yourself in on Monday, and
- 19:44Speaker 3: then you'll be locked up and Friday you'll be going
- 19:47Speaker 3: to an arraignment. And at that point, I want five
- 19:49Speaker 3: thousand dollars. And I'm like, what are you not getting
- 19:53Speaker 3: I didn't do anything. What are you talking about that?
- 19:54Speaker 3: I got to give you money? Now, give you money again,
- 19:57Speaker 3: then give you money on Friday. And you're saying them,
- 19:59Speaker 3: spend five days in jail. What do you represent me for?
- 20:02Speaker 3: And he's like, listen, I'm just telling you these are
- 20:04Speaker 3: some serious charges. This was going to happen. You want
- 20:06Speaker 3: me to be real with you or not. So I
- 20:08Speaker 3: give him the money. I gave him the first thousand dollars,
- 20:11Speaker 3: and I'm just frantic. I don't know what's going to happen.
- 20:13Speaker 3: This guy's telling me now that I'm going to jail,
- 20:16Speaker 3: like it doesn't matter what I did or didn't do.
- 20:19Speaker 3: I'm going to jail.
- 20:20Speaker 1: And let's go back for a second. I mean, we're
- 20:21Speaker 1: talking twenty years ago. That was a lot of money.
- 20:24Speaker 1: I mean there's a lot of money now. Yeah, there's
- 20:26Speaker 1: a lot of money.
- 20:27Speaker 2: Absolutely.
- 20:28Speaker 3: Yeah. He actually said that the case was going to
- 20:31Speaker 3: cost fifty thousand dollars before everything was said and done,
- 20:34Speaker 3: because I would be going to trial on this case.
- 20:37Speaker 3: So he basically convicted me before we even got to
- 20:40Speaker 3: the precinct. So this is the mindset that I'm dealing with. Already,
- 20:44Speaker 3: two lawyers have rubbed me the wrong way, and at
- 20:48Speaker 3: that time, I'm not measuring if maybe it's because of
- 20:51Speaker 3: the emotions that I have something inside of me, maybe
- 20:55Speaker 3: it's not them. I'm not thinking like that. I was
- 20:57Speaker 3: twenty one years old, and eventually, you know, I'm just
- 21:01Speaker 3: sitting there and I keep staring at my children, I'm
- 21:04Speaker 3: staring at for us, and I'm staring at my mother,
- 21:06Speaker 3: and I'm saying, this might be the last time I
- 21:08Speaker 3: get to see my children, This might be the last
- 21:10Speaker 3: time I get to see my mother. How did this happen?
- 21:14Speaker 1: It's literally everybody's worst nightmare. Everybody's out to get you.
- 21:18Speaker 1: You didn't do anything, and it's the most terrible thing
- 21:22Speaker 1: that you could be accused of. The murder or the
- 21:24Speaker 1: shooting of a police officer is right at the top
- 21:27Speaker 1: of them to the list of things that you don't
- 21:30Speaker 1: want to be wrongly accused.
- 21:31Speaker 3: And bear in mind you're talking to the son of
- 21:34Speaker 3: a police officer. I was raising a police officer's household, right,
- 21:38Speaker 3: I mean, what sense would it make for me to
- 21:40Speaker 3: go out on a rampage and shoot a police officer.
- 21:43Speaker 1: That's crazy, And you had no history of violence, and
- 21:46Speaker 1: none of it adds up. The nightmare is growing as
- 21:50Speaker 1: you are encountering these people who are supposed to be
- 21:54Speaker 1: on your side and people who are supposed to be
- 21:56Speaker 1: helping you. Right, your only chance is to get a
- 21:59Speaker 1: lawyer that's going to represent you. Monday comes actually the
- 22:03Speaker 1: step back just a second.
- 22:05Speaker 3: Sunday, I get a call from Frank gould and Frank
- 22:08Speaker 3: gould Man. There's something about this guy. He's a real
- 22:10Speaker 3: smooth talker. He made me feel comfortable and he said, Yo, listen,
- 22:15Speaker 3: don't worry about that guy Goldsting. I'm gonna see if
- 22:18Speaker 3: I can get the thousand dollars from him. If not,
- 22:20Speaker 3: don't worry about it. We're not even talking about money
- 22:22Speaker 3: right now. You're in a serious dilemma. And guess what,
- 22:26Speaker 3: I want to meet you outside that precinct. We're gonna
- 22:28Speaker 3: meet in the morning time. I'm gonna walk in there
- 22:30Speaker 3: with you. We're gonna see what's going on. You wait
- 22:32Speaker 3: for my phone call. After my phone call, you meet
- 22:34Speaker 3: me in front of the twenty eighth precinct and we'll
- 22:36Speaker 3: deal with this situation. He made me feel a thousand
- 22:39Speaker 3: times better. I mean, he knew how to talk to me.
- 22:42Speaker 3: He's talking to me like, all right, you're innocent. We're
- 22:44Speaker 3: gonna see what's going on, and we're gonna play this
- 22:47Speaker 3: by ear not you're going to jail, you're gonna get shot.
- 22:51Speaker 3: That's not what somebody wants to hear. And I really
- 22:54Speaker 3: respected that, and eventually Monday came and that's exactly what happened.
- 23:00Speaker 3: We had found out that the apartment in the Bronx
- 23:03Speaker 3: thirteen forty four University Avenue, the door to our apartment
- 23:08Speaker 3: was hanging off the hinges with a police lock on it,
- 23:11Speaker 3: which means that the police had gone into the building,
- 23:13Speaker 3: went into my apartment, knocked down the door. They've been
- 23:16Speaker 3: in it. They said it was trash. These were neighbors
- 23:18Speaker 3: that ended up calling. They got in touch with Vanessa,
- 23:20Speaker 3: I believe. So we sent Vanessa home and my mother
- 23:23Speaker 3: took me to the Priescst to meet my attorneys. So
- 23:26Speaker 3: now we get to the front and Frank Goule's there
- 23:30Speaker 3: with another attorney. Her name is Susan Walsh. We're on
- 23:33Speaker 3: the steps. My mother's like, you know, you want me
- 23:35Speaker 3: to stay and wait for you out here. I said, listen,
- 23:38Speaker 3: I don't know what's going to happen. Just go home.
- 23:40Speaker 3: If anything, I'll take a cab. Just go home. And
- 23:43Speaker 3: she's like, all right, And I mean, that was the
- 23:46Speaker 3: last time I got to touch my mother as a
- 23:48Speaker 3: free person. It's kind of crazy. And we walked into
- 23:53Speaker 3: the precinct and when we went in there, Frank said,
- 23:56Speaker 3: give me a minute. He left me there with Susan.
- 23:59Speaker 3: I remember him coming and saying, let's go. I said,
- 24:01Speaker 3: what you mean let's go? He said, let's get out
- 24:03Speaker 3: of here. They don't got no warm for your arrest.
- 24:05Speaker 3: So we're walking out, and I'm like, listen, Frank, you
- 24:09Speaker 3: really have to make me understand what's going on. I've
- 24:12Speaker 3: been frantic for an entire weekend, running around with my family,
- 24:15Speaker 3: staying in hotels, being threatened by lawyers, and you're telling
- 24:20Speaker 3: me we could just walk away from this. And he's like,
- 24:23Speaker 3: they don't have a waran for your arrest. So I
- 24:25Speaker 3: want you to go home. I said, and then what
- 24:27Speaker 3: happens when I go home? I got a door hanging
- 24:29Speaker 3: off a hinge. What happens when I go home? Is
- 24:32Speaker 3: this over? He said, no, it's not over. I said,
- 24:34Speaker 3: what do you mean it's not over? He says, they
- 24:37Speaker 3: want to put you in a lineup. I'm not going
- 24:39Speaker 3: to let them put you in a lineup. I said,
- 24:41Speaker 3: what happens if I don't get picked in that lineup?
- 24:43Speaker 3: He says, then you're free. I said, so I'm going
- 24:45Speaker 3: in that lineup? He says, no, you're not. Let us
- 24:48Speaker 3: do our job, let them do their job. Okay, I'm like, no,
- 24:53Speaker 3: it's not okay. I want to go in that lineup.
- 24:55Speaker 3: You're telling me that the only way that this is
- 24:57Speaker 3: going to be over is if I go in that
- 24:58Speaker 3: lineup and I don't get picked, telling you I didn't
- 25:00Speaker 3: do this crime. So I'm going in that lineup. He says.
- 25:03Speaker 3: If you get picked in that lineup, your life is
- 25:05Speaker 3: going to change forever. But you're going to jail, I said,
- 25:09Speaker 3: and what happens if I leave? What do they go
- 25:12Speaker 3: pick me up? Put something in my pocket or do
- 25:14Speaker 3: they shoot at me? Do you realize what I've been
- 25:17Speaker 3: through this weekend? I'm going in that lineup. And that's
- 25:19Speaker 3: exactly what we did. We walked back in that precinct
- 25:22Speaker 3: and I volunteered for that lineup. I stood in a bullpen,
- 25:25Speaker 3: like the outside area of a bullpen, sitting in a
- 25:27Speaker 3: chair with Susan wallsh for a couple of hours while
- 25:29Speaker 3: they went and got some phyllis.
- 25:31Speaker 1: And this is a bizarre part of the story too,
- 25:33Speaker 1: because at this point it's interesting and it's important that
- 25:36Speaker 1: you highlighted that you just spent the weekend like a
- 25:38Speaker 1: fugitive hiding out. It's exactly when you come to find
- 25:41Speaker 1: out they don't even have a warm for your arrest.
- 25:43Speaker 1: Now you're volunteering for a lineup, which you would be
- 25:47Speaker 1: a little nuts if you were actually guilty to go
- 25:50Speaker 1: and do that. Absolutely, that doesn't add up. And then
- 25:54Speaker 1: you know, you don't have to be a professor of
- 25:55Speaker 1: criminology to understand that, right. And then on top of that,
- 26:00Speaker 1: you didn't know this at the time, but the suspect
- 26:03Speaker 1: they were looking for was a guy named Mustafa. Is
- 26:06Speaker 1: any part of your name Mustafa?
- 26:08Speaker 3: Absolutely?
- 26:09Speaker 1: And the suspect they were looking for was a black
- 26:12Speaker 1: male with dreads, right, right? Have you ever been a
- 26:16Speaker 1: black mail or had dreads?
- 26:18Speaker 3: Maybe in another life?
- 26:19Speaker 1: Right, So it would be pretty much it would seem
- 26:23Speaker 1: like an open and shut situation. And there were numerous
- 26:26Speaker 1: witnesses who all agreed on this description. It wasn't like
- 26:30Speaker 1: it was one that said this and one that said that.
- 26:33Speaker 1: There were numerous witnesses who all said that the suspect
- 26:36Speaker 1: that the police were looking for was a guy whose.
- 26:38Speaker 2: Street name was Mustafa.
- 26:40Speaker 1: And I want to encourage people to watch the show
- 26:42Speaker 1: on jj coul Conviction, because in it you'll see the
- 26:46Speaker 1: actual police sketch, which it doesn't look any more like
- 26:51Speaker 1: you than it looks like me.
- 26:53Speaker 2: It's a guy. It's a black guy with dreads.
- 26:56Speaker 1: Had you known that, it would have been perfectly logical
- 26:58Speaker 1: for you to go into the lineup. And I think
- 27:01Speaker 1: people can identify with the idea that you're going in
- 27:04Speaker 1: there and saying, well, I mean you grew up as
- 27:06Speaker 1: the son of a police officer.
- 27:07Speaker 2: You're going to say to yourself, well, the system is
- 27:09Speaker 2: going to work.
- 27:10Speaker 1: Absolutely right, I mean that was my belief, right, You're
- 27:13Speaker 1: going to go in there and there's no way that
- 27:14Speaker 1: somebody's going to pick you out of that lineup, even
- 27:16Speaker 1: not knowing what we just talked about, right, But had
- 27:18Speaker 1: you known that, you would have been one hundred percent
- 27:20Speaker 1: sure that if you go in there, they can't pick
- 27:23Speaker 1: you out of that lineup. So finally, now you're going
- 27:25Speaker 1: into the lineup. Yes, And got to be a surreal
- 27:29Speaker 1: experience too. It was like kind of right out of
- 27:32Speaker 1: a movie, right, So for this time you're not watching,
- 27:34Speaker 1: you're actually in it.
- 27:35Speaker 3: Well, that was my second time ever being in a lineup.
- 27:38Speaker 3: The first time I was a student at Martin Luther
- 27:40Speaker 3: King High School and they had this little bus coming
- 27:43Speaker 3: around and they were offering us five hours to appear
- 27:46Speaker 3: in a lineup, and I took it five hours, you know,
- 27:48Speaker 3: take that, and I went to a lineup. So it
- 27:51Speaker 3: wasn't the first time I was in a lineup, but
- 27:52Speaker 3: it was the first time I was in the lineup
- 27:53Speaker 3: as a suspect. And you know, I don't know what's
- 27:57Speaker 3: going on on the other side if there's a mirror there,
- 27:59Speaker 3: and I don't know what's going on the other side,
- 28:01Speaker 3: but I do know that Susan Walsh is on that side.
- 28:04Speaker 3: So what happened was when Frank Goule finally realized that
- 28:07Speaker 3: I was determined to go into that priest and volunteer
- 28:09Speaker 3: for the lineup, he said, listen, if you're going in
- 28:11Speaker 3: for the lineup, you're going to stay here with Susan.
- 28:14Speaker 3: I have to leave because it would be a conflicent
- 28:16Speaker 3: interest for me to be your witness and your attorney.
- 28:19Speaker 3: So she's an attorney and she is your witness. And
- 28:23Speaker 3: that's basically where I still felt comfortable, because I was like,
- 28:26Speaker 3: she's there, and I'm going to be all right. And
- 28:30Speaker 3: sure enough, at some point told Number three to stand
- 28:34Speaker 3: and approach the mirror, and then they told him to
- 28:37Speaker 3: sit down. Then they said Number two we need you
- 28:40Speaker 3: to stand up and approach the mirror. And I did
- 28:42Speaker 3: that and I sat back down. They said, everybody said
- 28:44Speaker 3: thank you. Here it's like a speaker somewhere in the
- 28:47Speaker 3: room and he's like, thank you.
- 28:49Speaker 1: Be there.
- 28:50Speaker 3: Shortly, somebody comes and opens the door and says everybody
- 28:52Speaker 3: can leave. I start to get up. He's like, no,
- 28:54Speaker 3: you stay. So I don't know if I have to
- 28:57Speaker 3: fill out some paperwork or something before I leave. I said,
- 29:00Speaker 3: all right, I sit down. Eventually they take me around
- 29:03Speaker 3: back to the same room and Susan's there and she's like, Jay,
- 29:07Speaker 3: I'm sorry, but you're gonna be staying. I said, what
- 29:11Speaker 3: are you talking about. I'm gonna be staying. She said,
- 29:14Speaker 3: you know you were picked, but there's some serious problems
- 29:18Speaker 3: with your lineup. They made me wear a hat. I
- 29:21Speaker 3: don't know that that's a problem then, but they made
- 29:24Speaker 3: us all wear these black pullover hats, winter hats, ski hats.
- 29:29Speaker 3: They had a problem with fillers. But at the end
- 29:32Speaker 3: of the day, there's an existing affidavit from Susan Walsh.
- 29:37Speaker 3: She's admitting that my lineup was manipulated on that day,
- 29:41Speaker 3: and unbeknownst to me, what she's saying is that she
- 29:44Speaker 3: had an argument with the police officers about my position.
- 29:47Speaker 3: She wanted me between number five and number six, and
- 29:51Speaker 3: they said, nah, we're not doing that. Here he's sitting
- 29:53Speaker 3: right there, he's number two.
- 29:54Speaker 1: They didn't want you to be between five and six,
- 29:57Speaker 1: They wanted you to be number two.
- 30:00Speaker 2: What is the significance of that?
- 30:01Speaker 3: Even towards trial, I really didn't understand the significance of it.
- 30:05Speaker 3: But now in all my studies, it's supposed to be
- 30:09Speaker 3: kind of a random process. And there's a lot of
- 30:12Speaker 3: studies going on now about sequential lineups and double blind lineups.
- 30:17Speaker 3: By putting me in a certain position, it can be
- 30:20Speaker 3: inferred that you have already told these witnesses that an
- 30:24Speaker 3: individual that committed the crime is going to be sitting
- 30:29Speaker 3: in a particular position, right, So that will they enable
- 30:32Speaker 3: the identification?
- 30:34Speaker 2: Right?
- 30:34Speaker 1: Of course, they could say up front, you know, take
- 30:36Speaker 1: a real close look at number two, right, they could say,
- 30:39Speaker 1: And that's why a double blind And for those of
- 30:42Speaker 1: you listening, a double blind means that the person conducting,
- 30:46Speaker 1: whether it's a police officer or anyone else conducting the lineup,
- 30:49Speaker 1: should not know cannot.
- 30:51Speaker 2: Know, who the suspect is.
- 30:53Speaker 1: Because even if their intentions are pure, they subconsciously can
- 30:59Speaker 1: steer a witness absolutely to just sort of take another
- 31:04Speaker 1: I mean, you're doing good. I know this is very
- 31:06Speaker 1: difficult for you, but you know you got to really
- 31:08Speaker 1: try hard. Because we've seen it many times. A witness
- 31:11Speaker 1: will say, I don't know, I don't I don't think
- 31:13Speaker 1: I see the person in it. Go well, listen, I mean,
- 31:15Speaker 1: we really need your help. You know, this is a
- 31:17Speaker 1: brutal crime, this is a we've got to get this
- 31:19Speaker 1: guy off the streets. What they should be saying is,
- 31:22Speaker 1: we don't know whether the actual killer, the actual perpetrator
- 31:26Speaker 1: is in this lineup, absolutely, but if you see them,
- 31:29Speaker 1: then we need your help.
- 31:31Speaker 2: But they don't do that.
- 31:32Speaker 3: They don't typically they they and.
- 31:34Speaker 1: They may in many cases, and we don't know, but
- 31:37Speaker 1: in your because we don't know what was going on
- 31:38Speaker 1: in that room. But it's entirely possible that in your case,
- 31:41Speaker 1: that your suspicions are true. That they said we think
- 31:44Speaker 1: we got the guy. We think it's number two. Take
- 31:47Speaker 1: a look. Let's see if you agree.
- 31:49Speaker 2: Right.
- 31:50Speaker 1: Anything like that, even something much more subtle than that,
- 31:52Speaker 1: can really terribly mess up the process and eliminate objectivity,
- 31:57Speaker 1: but even then, memories far from perfect.
- 31:59Speaker 3: Because that's that's what a lineup does. Who looks most
- 32:01Speaker 3: like the individual, it's not who looks most like the
- 32:03Speaker 3: individual who did it right, That's why we're here. And
- 32:06Speaker 3: I was selected by three individuals, Philip Jones, Robert Jones,
- 32:11Speaker 3: who were both brothers, and Augustus Brown. Later learning that
- 32:15Speaker 3: Augustus Brown had actually been the person who selected my photo,
- 32:19Speaker 3: which made me a suspect, so there was really no
- 32:21Speaker 3: need for him to come and identify me again. So
- 32:24Speaker 3: if you look at it in a realistic manner, at
- 32:27Speaker 3: the lineup, there were only two people who really identified
- 32:29Speaker 3: me because Augustus Brown had already made me a suspect.
- 32:33Speaker 3: But technically all three of those individuals out of five individuals,
- 32:37Speaker 3: had identified me.
- 32:39Speaker 1: And we know that Augustus Brown had a very good
- 32:43Speaker 1: reason to want to identify you because Augustus Brown was
- 32:46Speaker 1: a heroin dealer.
- 32:48Speaker 3: Yes, he was so not.
- 32:50Speaker 1: Somebody you would consider to be a top notch witness
- 32:53Speaker 1: or a reliable witness necessarily, and he had a motivation
- 32:57Speaker 1: which was that when he was picked up, correctly if
- 33:00Speaker 1: I'm wrong, when he was picked up, he was in
- 33:02Speaker 1: possession of ten bags of heroin. Yes he was, and
- 33:05Speaker 1: the cops weren't letting him leave until he identified somebody
- 33:08Speaker 1: they wanted this case soft.
- 33:10Speaker 3: Yeah. Sugustus Brown is an interesting character all to himself.
- 33:14Speaker 3: He has a rap sheet that we can stick on
- 33:16Speaker 3: the wall and drop to the floor, but in reality,
- 33:19Speaker 3: he was actively on probation at that time. We come
- 33:22Speaker 3: to find out a trial that he wasn't reporting, so
- 33:25Speaker 3: he had already abscounded from probation right this, which is
- 33:28Speaker 3: why he fled before any police would arrive. When he
- 33:31Speaker 3: gets picked up, because he didn't come to the priestsint voluntarily.
- 33:35Speaker 3: They he was sent multiple messages to come to the precinct.
- 33:38Speaker 3: He was arrested on a street corner that he sold
- 33:41Speaker 3: drugs on. He did get caught with ten bags of
- 33:44Speaker 3: heroin on him. He was brought to a precinct and
- 33:46Speaker 3: he spent hours in that precinct. He came about three
- 33:49Speaker 3: o'clock and he wasn't let go until about eleven o'clock
- 33:51Speaker 3: at night from a different precinct. He has stated on
- 33:56Speaker 3: multiple occasions that he was wrong and that he was
- 34:02Speaker 3: forced to do what he did, and there's layers to this.
- 34:06Speaker 3: So when he was at the precinct. They were trying
- 34:10Speaker 3: to time in as an accessory to murder. They told him,
- 34:14Speaker 3: we got you in possession of drugs. I violated your
- 34:17Speaker 3: probation and you fled the scene, and we have witnesses
- 34:21Speaker 3: who think that you were a part of the team.
- 34:23Speaker 3: So you're gonna be charged with accessory to murder if
- 34:26Speaker 3: you don't help us do something. He looks at thousands
- 34:30Speaker 3: of photos. It's supposed to be eight photos per page,
- 34:33Speaker 3: and he looked at a total of one hundred and
- 34:35Speaker 3: fifty six pages. But if you look at the description
- 34:39Speaker 3: that he initially gave to the police, which was consistent
- 34:43Speaker 3: and unanimous in the descriptions provided by all witnesses, that
- 34:49Speaker 3: stated that two black males came into that place and
- 34:52Speaker 3: victimized these individuals. One was dark skin and one was
- 34:56Speaker 3: light skin. The light skin individual had dreads or braids.
- 35:00Speaker 3: I don't know which one. Some of them said break,
- 35:02Speaker 3: some of them said dreads.
- 35:03Speaker 1: By the way, it's also arguable that your picture shouldn't
- 35:06Speaker 1: have been in there in the first places.
- 35:07Speaker 2: You're never convicted of anything.
- 35:16Speaker 1: Freedom Agenda is a proud sponsor of this episode of
- 35:19Speaker 1: wrongful conviction. Freedom Agenda is led by people directly impacted
- 35:23Speaker 1: by incarceration, and they're organizing to get Mayor Eric Adams
- 35:27Speaker 1: to follow the law and shut down Rikers Island. Right now,
- 35:30Speaker 1: thousands of people are awaiting trial there in life threatening conditions.
- 35:35Speaker 1: Freedom Agenda is committed to creating a safer and more
- 35:38Speaker 1: just city by winning investments in long neglected communities, protecting
- 35:42Speaker 1: the rights of people involved in the criminal legal system,
- 35:45Speaker 1: and ending the cycle of violence that Rikers perpetuates. To
- 35:48Speaker 1: learn more about the Campaign to Close Rikers and to
- 35:51Speaker 1: sign up for Freedom Agenda's mailing list, go to Campaign
- 35:54Speaker 1: to Close Rikers dot org, slash, get involved, or follow
- 35:58Speaker 1: at Freedom Agenda.
- 35:59Speaker 2: And Why on social media.
- 36:08Speaker 1: Back to where we were at, You're now in this
- 36:11Speaker 1: kafka esque and I always say that, but it's true
- 36:14Speaker 1: nightmare where you're ready to leave the police station. You
- 36:17Speaker 1: know they must have identified somebody else or nobody because
- 36:21Speaker 1: you didn't do anything, and you don't even know it.
- 36:23Speaker 1: But you don't match the description, not even close.
- 36:25Speaker 2: But they tell you to day.
- 36:26Speaker 3: Yeah, so they tell me to stay. Susan says, listen,
- 36:30Speaker 3: we'll see you in court tomorrow. You'll be arraigned and
- 36:33Speaker 3: we'll take it day by day, take it one step
- 36:36Speaker 3: at a time. In the meantime, before I leave, I
- 36:38Speaker 3: want you just to be conscious of something. We told
- 36:42Speaker 3: these offices that we took pictures of you and your
- 36:44Speaker 3: underwear in a hotel and that if they touch you,
- 36:47Speaker 3: they will be losing their job. So you should feel safe,
- 36:51Speaker 3: you should be all right. Do not speak to them
- 36:53Speaker 3: about anything. And from that point I was escorted into
- 36:57Speaker 3: this small cage that had a concrete slab and a
- 37:02Speaker 3: bunch of bars, and I stood theify I don't know
- 37:06Speaker 3: how long, and you know, it was real. It was
- 37:09Speaker 3: a real surreal experience where it was just like, you
- 37:12Speaker 3: know what, you gotta realize at this point you just
- 37:16Speaker 3: have to block everything out and deal with the situation,
- 37:19Speaker 3: you know what I mean. Don't talk to them, don't
- 37:21Speaker 3: ask them no more questions, don't provoke them, just deal
- 37:24Speaker 3: with it. And that's what I did. Eventually we got
- 37:27Speaker 3: to Central Booking, and Central Booking is like another zoo, right,
- 37:30Speaker 3: they heard you from one place to another, you shackled
- 37:33Speaker 3: up on a chain gang, You got shackles on your feet,
- 37:36Speaker 3: and you go from one bullpen to another bullpen, and
- 37:39Speaker 3: it's twenty thirty of you moving at the same time
- 37:41Speaker 3: people are sitting on the floor. You have homeless people
- 37:44Speaker 3: in there. The smell is crazy. Some of these places.
- 37:48Speaker 3: The plumbing is all messed up, so you might have
- 37:50Speaker 3: some feat season and toilet or some urine, and the
- 37:53Speaker 3: toilet might have urine on the floor because it might
- 37:56Speaker 3: have flowed out, you know. And it's just a bunch
- 37:59Speaker 3: of people around and you're lucky if you get a
- 38:01Speaker 3: bench to sit on or whatever. And they kept moving,
- 38:04Speaker 3: moving the chain, moving the chain, and eventually you get
- 38:07Speaker 3: to this place and they start taking your stuff out
- 38:09Speaker 3: of your pockets and they're searching you on the wall.
- 38:12Speaker 3: And that's when I had my first serious experience with
- 38:16Speaker 3: corrections officer. Just out of nowhere, towering officer, big hits
- 38:21Speaker 3: me in the back and I never knew that you
- 38:24Speaker 3: can get your wind knocked out from getting hit in
- 38:26Speaker 3: the back. Knocks me, knocks me down. I'm conscious, but
- 38:30Speaker 3: I'm just like blown away and he's just wailing at me,
- 38:34Speaker 3: and I'm just covering up officers that brought me in.
- 38:37Speaker 3: They were still around and they had stopped them. They say, oh, listen,
- 38:40Speaker 3: leave them alone. You can't do that. He's like yeah,
- 38:43Speaker 3: but he killed a cop. He thinks he's a tough guy.
- 38:44Speaker 3: I Mi, shewe him a tough guy, and I'm like, yo,
- 38:48Speaker 3: I don't know what's going on. And what ended up
- 38:50Speaker 3: happening at that point was they moved me and I
- 38:54Speaker 3: got separated from the rest of the prisoners and I
- 38:56Speaker 3: got put in a bullpenp by myself. I could still
- 38:58Speaker 3: see prisoners in a bull pit adjacent from me right across.
- 39:02Speaker 3: They got bullpens everywhere, but I'm by myself now, so
- 39:06Speaker 3: I definitely have all the room to stretch out and
- 39:09Speaker 3: lay down and do whatever on a bench. That wasn't
- 39:12Speaker 3: the problem, but I start to realize the fear of
- 39:16Speaker 3: what that lawyer was talking about that first time when
- 39:20Speaker 3: he told my mother that this is serious, and I'm
- 39:23Speaker 3: wondering how much more do I have to go through?
- 39:28Speaker 3: And he had before I'm able to get out. Fortunately
- 39:31Speaker 3: for me, I never had that problem again. But that's
- 39:37Speaker 3: where I first got a taste of reality. The next
- 39:41Speaker 3: day came and I go into another bullpen where they
- 39:46Speaker 3: have these windows that you can have attorneys come visit you,
- 39:49Speaker 3: so they call your name. So eventually my name gets
- 39:52Speaker 3: called and I go in there and it's another attorney.
- 39:56Speaker 3: It's not frankl it's not Susan Waash, nobody I never
- 40:00Speaker 3: met in my life. His name is Norman Rima. And
- 40:04Speaker 3: Norman Riema comes and he tells me. He says, listen,
- 40:07Speaker 3: mister Velaskaz, we're about to go in front of the
- 40:09Speaker 3: judge and you're going to be arrainged. But I just
- 40:12Speaker 3: want to put you on point to a few things
- 40:14Speaker 3: that are important. You're being charged with capital murder. I said,
- 40:18Speaker 3: what is that? He says, you're facing the death penalty.
- 40:23Speaker 3: I said, what the death penalty? I mean, I don't
- 40:28Speaker 3: understand what's going on. And everything is spinning. The walls
- 40:32Speaker 3: are spinning. Norman Reema is talking. It's incoherent. I don't
- 40:36Speaker 3: know what you're saying. I don't hear you. I block
- 40:39Speaker 3: everything out, and I just I don't know how I
- 40:43Speaker 3: got to that point. And at that point, I don't
- 40:46Speaker 3: even know how I coped with that, how I dealt
- 40:48Speaker 3: with that, I don't know. I went into some short
- 40:53Speaker 3: sense of trauma and I became numb. I do recall
- 40:59Speaker 3: him saying don't worry about the death penalty, which was
- 41:04Speaker 3: didn't do any good, right, But he said, don't worry
- 41:07Speaker 3: about the death penalty because Robert morganhal has never pursued
- 41:10Speaker 3: the death penalty in New York. So within six months
- 41:15Speaker 3: they'll probably drop that and you'll be facing natural life
- 41:18Speaker 3: in prison. And I said, Norman, I didn't commit this crime.
- 41:21Speaker 3: Why are we talking about death? Why are we talking
- 41:24Speaker 3: about natural life? Why aren't we talking about freedom? Why
- 41:27Speaker 3: aren't we talking about restoring my status as a citizen.
- 41:32Speaker 3: And he's like, listen, you just have to stay strong.
- 41:37Speaker 3: But you're not going nowhere else. You're not getting bail.
- 41:41Speaker 3: You're gonna have to go through this process. I said, well,
- 41:43Speaker 3: how long is this process going to take? And he
- 41:46Speaker 3: said anywhere from six months to a year, maybe two years,
- 41:52Speaker 3: there's no telling. You just gotta stay strong and talk
- 41:59Speaker 3: about turning point in life. Everything changed from there. I
- 42:04Speaker 3: got sent to Rikers Island, ryk As Island is a
- 42:07Speaker 3: war zone. You know, they call that the school a
- 42:10Speaker 3: hard Knocks, but it's more like Vietnam or going to
- 42:15Speaker 3: Iraq because everywhere you go there's blood. And that's all
- 42:20Speaker 3: it happens, is humans shedding other human's blood. And you
- 42:24Speaker 3: see it everywhere. There's no way around it. To fight
- 42:27Speaker 3: after fight, I mean, I don't know how is it
- 42:31Speaker 3: able to navigate through a lot of that. But I
- 42:34Speaker 3: made it through. I have no scars, I'm still safe,
- 42:37Speaker 3: I'm in one piece, and I'm blessed. Eighteen months I
- 42:40Speaker 3: did on Rykers Island. Eighteen months I was able to
- 42:44Speaker 3: navigate through the bullshit, and eventually I went to trial.
- 42:49Speaker 3: And going to trial was the first time I get
- 42:52Speaker 3: to learn how everything unfolded and took place, because for
- 42:57Speaker 3: all those months, I still couldn't underst then what's going on?
- 43:02Speaker 3: How did it happen? What took place? Why am I here?
- 43:07Speaker 3: Those questions weren't answered. They weren't answered by my lawyers.
- 43:10Speaker 3: They just stay strong, John, We're gonna make it through
- 43:13Speaker 3: and worry about it when we get to trial. We mean,
- 43:16Speaker 3: don't worry about it. Life continues, It doesn't stop for anyone.
- 43:21Speaker 3: My children are growing. I watched Jacob's first steps. We're
- 43:25Speaker 3: in a visiting room on Rikers Island. For me, the
- 43:28Speaker 3: first time I seen my son come to me. He's
- 43:31Speaker 3: daddy walking. He's smaller than the table. I raised my
- 43:36Speaker 3: children in prison. That wasn't easy, and looking back at
- 43:40Speaker 3: it now, I can't even take credit for raising my children. Actually,
- 43:45Speaker 3: so I go to trial, and during the trial, I
- 43:48Speaker 3: start to learn things. I learned that this cop tried
- 43:53Speaker 3: to interfere with the robbery that was taking place because
- 43:56Speaker 3: he owned the establishment. And I knew that relative earlier
- 44:00Speaker 3: as a retired police officer who owned the gambling place.
- 44:03Speaker 3: He also owned the Basket Robbers one hundred and twenty
- 44:05Speaker 3: fifth Street. He also owned some print shop and another bar.
- 44:10Speaker 3: Own a lot of establishments for police officer or a
- 44:13Speaker 3: retired police officer rather. And he had this legal gambling
- 44:17Speaker 3: spot and somebody came in. They're saying to shoot him,
- 44:21Speaker 3: this light skinned guy with this with these braids or
- 44:24Speaker 3: these dreads, and he came in. He tried to place
- 44:27Speaker 3: a bet. And this spot is one hundred and twenty
- 44:30Speaker 3: fifth Street between hundred twenty fifth and one hundred twenty
- 44:32Speaker 3: six and eighth Avenue. So this guy comes in, it's
- 44:35Speaker 3: broad daylight, somewhere around noon, and he comes in, he
- 44:39Speaker 3: places a bet. So when he comes into place to bet,
- 44:42Speaker 3: the guy's like, yo, listen, we don't do that here.
- 44:44Speaker 3: You're a stranger. Get out of here. He's like, I
- 44:46Speaker 3: ain't no stranger, man, I'm not a cop from the projects.
- 44:48Speaker 3: He said, Yeah, I'm from the projects. I played my
- 44:50Speaker 3: number on the east side. Man, I'm not trying to
- 44:52Speaker 3: go down there. Let me just play my number. So
- 44:54Speaker 3: they like, all right here. So he goes to fill
- 44:57Speaker 3: out the betting slip. They said, he filled out the
- 44:59Speaker 3: wrong slip. This is Robert Jones testifying, right, because I
- 45:02Speaker 3: learned everything through testimony. So now Robert Jones says he
- 45:06Speaker 3: filled out the wrong betty slip. He takes it, throws
- 45:09Speaker 3: it out, and fills out the right slip for him.
- 45:11Speaker 3: So then he leaves it said. Forty five minutes later
- 45:14Speaker 3: to an hour later, this guy comes back, knocks on
- 45:18Speaker 3: the door. The numbers about to come out. They're not
- 45:20Speaker 3: taking more bets, they said, Yo, let him in. Let
- 45:22Speaker 3: him in, worry about he was here earlier. So he's like, yo,
- 45:25Speaker 3: want to place another bet? He said, Yo, be BET's
- 45:27Speaker 3: a closed, but the numbers about to come out. Just
- 45:30Speaker 3: stick around. Next thing you know, another knock comes on
- 45:32Speaker 3: the door, and then the doorman's at the door and
- 45:36Speaker 3: he's like, yo, there's another guy here. Man, we can't
- 45:38Speaker 3: keep letting these guys there. Next thing you know, they said,
- 45:40Speaker 3: this light skinned guy pulls out a gun. He's like
- 45:42Speaker 3: you know what it is. Let my man. The guy
- 45:44Speaker 3: comes in. Next thing, you know, they tell everybody get
- 45:46Speaker 3: on the ground, and I don't know what happened, but
- 45:48Speaker 3: there was an exchange of fire and eventually the officer
- 45:53Speaker 3: or the retired officer, wound up dead on the ground.
- 45:55Speaker 1: So pandemonium inside the book He Joint or the Illegal
- 45:59Speaker 1: Numbers Joint is total. You've got people being tied up,
- 46:02Speaker 1: you've got people jumping over things, you've got gunshots ringing out,
- 46:05Speaker 1: you've got people fleeing, and in the process, a retired
- 46:10Speaker 1: police officers killed.
- 46:12Speaker 2: So here you are at the trial and you're being
- 46:15Speaker 2: represented by Norman Reamer, Norman and Frank Goulden, and now
- 46:20Speaker 2: you've been in the system for eighteen months.
- 46:23Speaker 3: At that time. Yes, to be precise, I turned myself
- 46:27Speaker 3: in February second, nineteen ninety eight. I walked into that precinct.
- 46:30Speaker 3: The choice to be in that lineup was the last
- 46:32Speaker 3: choice I made as a free man. I was on
- 46:35Speaker 3: trial in October of nineteen ninety nine.
- 46:38Speaker 1: Right, so over a year and a half in the
- 46:39Speaker 1: most dangerous prison in New York State, which is Rikers Island.
- 46:44Speaker 3: So the trial, at the trial, this is where I
- 46:47Speaker 3: get the revelation of what occurred. You have several witnesses
- 46:51Speaker 3: who come and they testify. What people need to realize
- 46:54Speaker 3: is that everybody that was at this illegal gambling spot
- 46:57Speaker 3: was engaging in criminal activity. Every single one of those
- 47:01Speaker 3: people could have been arrested in charged with a crime
- 47:04Speaker 3: where the murder of a retired police officer occurred, so
- 47:09Speaker 3: it was serious for all of them. They were all
- 47:11Speaker 3: under pressure. And then you have to think about the response.
- 47:15Speaker 3: You're talking about the center of Harlem in broad daylight,
- 47:19Speaker 3: a retired officer who worked that area, who owned the
- 47:22Speaker 3: basket Robbins in that area, was shot and killed. There
- 47:28Speaker 3: has to be a response so that the people in
- 47:31Speaker 3: that neighborhood, the residents of Harlem, understand that this is
- 47:35Speaker 3: not tolerable. There has to be a response for that
- 47:38Speaker 3: the people in the residence of Harlem can understand that
- 47:40Speaker 3: this is still a safe environment. And that's why there's
- 47:44Speaker 3: so much pressure to bring somebody to jail.
- 47:46Speaker 1: And you bring up another interesting point, which is that
- 47:50Speaker 1: everybody involved had a very strong motive. I want to
- 47:55Speaker 1: identify you because it takes the heat off of them, right.
- 47:58Speaker 1: I mean, it's just straightforward as it could be. I mean,
- 48:01Speaker 1: these are all people who were engaged in the various
- 48:04Speaker 1: activities of various different degrees, and the situation provided them
- 48:09Speaker 1: a very convenient way to make this problem go away,
- 48:13Speaker 1: and that opportunity was sitting right in front of them.
- 48:16Speaker 1: All they had to do was point to you and
- 48:19Speaker 1: say that's the guy who did it. Now you go
- 48:22Speaker 1: through the trial, all the evidence has been presented, prosecutors
- 48:25Speaker 1: do their.
- 48:25Speaker 2: Thing, the defense does its thing.
- 48:28Speaker 1: As we know, the defense did a very competent job
- 48:32Speaker 1: in your case, but they were hamstrung by the fact
- 48:35Speaker 1: that they didn't have the money to do the proper
- 48:37Speaker 1: investigations leading up to the trial. And the fact is
- 48:40Speaker 1: that's where the real stuff happens, right, That's where you
- 48:45Speaker 1: can't go into.
- 48:47Speaker 2: A war with a toy pistol. Right.
- 48:50Speaker 1: In fact, that's kind of what happens in these cases
- 48:53Speaker 1: when you have a defense team that isn't given access
- 48:58Speaker 1: to the evidence, that isn't even the resources or the
- 49:01Speaker 1: time because they're so busy to properly investigate the situation.
- 49:07Speaker 1: And then they're going in there and they're doing the
- 49:09Speaker 1: best job that they can and presenting the best arguments
- 49:11Speaker 1: of the camp, but they don't have the information that
- 49:13Speaker 1: they need that. Actually, in your case, had they been
- 49:15Speaker 1: able to do that, it's almost impossible to imagine that
- 49:19Speaker 1: a jury would have convicted you. But that's exactly what happened,
- 49:22Speaker 1: and that's why we're sitting here right now, and let's
- 49:24Speaker 1: talk about that. So the moment comes when all the
- 49:27Speaker 1: evidence has been presented, the jury goes out, and they
- 49:30Speaker 1: didn't go out for a short time either.
- 49:33Speaker 2: They were out for a long time.
- 49:34Speaker 3: They started getting their instructions Monday, and they started deliberating Tuesday,
- 49:38Speaker 3: and from Tuesday from ten in the morning to ten
- 49:41Speaker 3: at night, Wednesday from ten in the morning to ten
- 49:44Speaker 3: at night, Thursday from ten in the morning to ten
- 49:47Speaker 3: at night, and to Friday, where the judge is telling
- 49:49Speaker 3: them in the evening, if you do not come back
- 49:51Speaker 3: with a verdict, you will be sequested. That means that
- 49:55Speaker 3: they were going to be held and they weren't going
- 49:57Speaker 3: to be able to go home over the weekend. Probably
- 50:00Speaker 3: about another hour later, hour and a half later, they
- 50:04Speaker 3: came back with a verdict and they found me not
- 50:07Speaker 3: guilty of murdering the first degree.
- 50:10Speaker 2: Right.
- 50:10Speaker 1: That was the first ruling. Right, So you had reason
- 50:12Speaker 1: to be optimistic. Now, all of a sudden, you're like, okay,
- 50:15Speaker 1: so not guilty.
- 50:16Speaker 3: Murder, not guilty in a first degree, and then guilty, guilty, guilty.
- 50:23Speaker 3: I just kept hearing it over and over again. For
- 50:26Speaker 3: every other charge. They were charges of robbery, charges of
- 50:29Speaker 3: attempt murder, another charge of murder for the same exact
- 50:32Speaker 3: crime that I was just acquitted of. Right. The only
- 50:35Speaker 3: reason why it was murdering the first degree was because
- 50:38Speaker 3: of the occupation, the former occupation of the person who
- 50:41Speaker 3: got killed, right, because he was a police officer. I
- 50:44Speaker 3: was facing the death penalty, but I wasn't facing the
- 50:47Speaker 3: death penalty at that particular phase. I was actually facing
- 50:50Speaker 3: the same charge one twenty five, twenty seven, murdering the
- 50:52Speaker 3: first degree, natural life in prison, no opportunity for parole,
- 50:58Speaker 3: never to be released again. And that's what they acquitted
- 51:00Speaker 3: me of. See, but the jury doesn't understand what's going on.
- 51:03Speaker 3: In fact, through investigations in another film that's taking place now,
- 51:09Speaker 3: I found out that several jurors in that jury room,
- 51:11Speaker 3: in that deliberation room, had an impression that I might
- 51:13Speaker 3: be able to go home in two years as long
- 51:16Speaker 3: as they acquitted me of the top charge and found
- 51:18Speaker 3: me guilty. Of the lesson, and they figured that I
- 51:19Speaker 3: was young enough to be able to bounce back from
- 51:21Speaker 3: that and continue with my life. I have no idea
- 51:24Speaker 3: where they got that impression, because two decades have passed
- 51:27Speaker 3: and I'm still in prison.
- 51:29Speaker 1: But that's extremely important because now with that information, you
- 51:33Speaker 1: can sort of see into the mind of some of
- 51:35Speaker 1: the jurors where they're sitting there and you have whatever
- 51:39Speaker 1: number of them, two, three are going, the.
- 51:42Speaker 2: Guy didn't do it.
- 51:42Speaker 1: The guy didn't do it, and the other guys are going,
- 51:44Speaker 1: I want to go home, and he's only going to
- 51:46Speaker 1: be in for two years. Just go along with us.
- 51:50Speaker 1: Maybe he did it, maybe he didn't. We can't sit
- 51:52Speaker 1: here all weekend. I got things to do with my kids.
- 51:54Speaker 1: I got to get back from whatever the hell they're saying.
- 51:57Speaker 3: Right, absolutely, and it's obvious that this occurred because it
- 52:00Speaker 3: took four days to come back with a verdict, so
- 52:03Speaker 3: there was obviously some dissension in that room.
- 52:06Speaker 1: Yeah, if it was a clear cut case, it would
- 52:09Speaker 1: have been out in an hour. They would have stayed
- 52:10Speaker 1: for lunch. So now you're found guilty on all these charges,
- 52:13Speaker 1: you end up in this unbelievable situation, and here we
- 52:17Speaker 1: are right now inside the walls of sing Sing, almost
- 52:20Speaker 1: twenty years later. How did you manage to cope? Where
- 52:25Speaker 1: does that spirit come from?
- 52:26Speaker 3: It was an organic process, so it wasn't a methodical process.
- 52:30Speaker 3: It wasn't thought out. It just kind of occurred. Basically,
- 52:34Speaker 3: how I saw life was once I got out the fog.
- 52:37Speaker 3: Because it took me a few years to get out
- 52:39Speaker 3: the fog. What I realized is that life is about balance.
- 52:42Speaker 3: So I'm at a low, the lowest I could possibly
- 52:45Speaker 3: be to be alive on earth. I consider my circumstances
- 52:49Speaker 3: being buried alive. I say that a lot. I still
- 52:52Speaker 3: believe that. And I have this philosophy about time, and
- 52:55Speaker 3: I said, I've been sent to twenty five a life.
- 52:58Speaker 3: I wasn't even twenty five years old when that happened.
- 53:01Speaker 3: So I was looking at a portion of time that
- 53:03Speaker 3: I hadn't even lived yet, under the circumstances that I
- 53:06Speaker 3: was in, and I couldn't see that. So I had
- 53:09Speaker 3: to start lying to myself, and I didn't realize they
- 53:11Speaker 3: were lies then for twenty years. Lady, you look back
- 53:15Speaker 3: and you say, every year I told myself it would
- 53:16Speaker 3: be my last in prison. I did that for nineteen
- 53:20Speaker 3: years and I'm still here. So I was lying to myself,
- 53:22Speaker 3: not knowing. But it was that sense of hope that
- 53:25Speaker 3: allowed me to rise from the ashes of oppression into
- 53:29Speaker 3: this resilient spirit that I've acquired. And the balance was
- 53:32Speaker 3: about how do I reach beyond the boundaries of prison
- 53:37Speaker 3: and become a person who's felt outside of those boundaries.
- 53:43Speaker 3: How can I help others live? And that's where I
- 53:46Speaker 3: started to acquire a love for writing, because my letters
- 53:50Speaker 3: can reach outside the walls. My voice wasn't out yet,
- 53:53Speaker 3: but I utilized writing. And you can change your life
- 53:58Speaker 3: in prison. So instead of just taking time, the way
- 54:01Speaker 3: I look at it is this My philosophy personally is
- 54:04Speaker 3: that life is precious, There's no doubt about that, and
- 54:07Speaker 3: time is priceless. And why is time priceless Because our
- 54:11Speaker 3: lives as humans are being measured by the time that
- 54:14Speaker 3: we spend a life on this earth. And if I'm
- 54:17Speaker 3: going to be spending all this time in prison where
- 54:20Speaker 3: I don't have particular responsibilities to anything except for my
- 54:25Speaker 3: children and my mother, then I can utilize this time
- 54:29Speaker 3: to learn because I have access to read. So I
- 54:32Speaker 3: start reading, and I start listening, and I start watching
- 54:36Speaker 3: and I start observing, and I start to realize that
- 54:40Speaker 3: there's an untapped pool of resources in prison that exist.
- 54:45Speaker 3: What I'm around is a compounded environment that's actually a
- 54:49Speaker 3: microcosm of society. And the majority of the individuals that
- 54:53Speaker 3: I'm around are the people who took the wrong path
- 54:55Speaker 3: in life. So by sitting down and speaking to them
- 55:00Speaker 3: and learning what caused them to come across this path,
- 55:04Speaker 3: I've found answers that we can utilize as preventative measures.
- 55:09Speaker 3: So now I've learned to take the tools that are
- 55:12Speaker 3: around me and utilize them to spread the word, become
- 55:16Speaker 3: a voice for the voiceless, and try to create healthy
- 55:19Speaker 3: communities from the inside out. And that's how these projects
- 55:22Speaker 3: started to take place. We have a project called Voices
- 55:25Speaker 3: from Within right now. Voices from Within are a group
- 55:28Speaker 3: of individuals or are using the power of their testimony,
- 55:32Speaker 3: guilty individuals that are using the power of their testimony
- 55:36Speaker 3: to reach out to the youth and tell them you
- 55:39Speaker 3: don't want to do this.
- 55:40Speaker 1: And I've seen the Voices from Within and I recommend
- 55:42Speaker 1: anybody check it out. It's so powerful because there are
- 55:45Speaker 1: people who shot someone, killed someone, They've taken life, they've
- 55:50Speaker 1: taken life, and they have such an incredible sense of
- 55:55Speaker 1: remorse and responsibility for their actions, and they're channeling into
- 56:00Speaker 1: a need to help others not make those same mistakes.
- 56:05Speaker 1: There's one that sticks.
- 56:06Speaker 2: In my mind.
- 56:07Speaker 1: The guy who you know was in the movie theater
- 56:09Speaker 1: right and you know what, think a rival gang or
- 56:12Speaker 1: something like that started shooting and he shot back in
- 56:15Speaker 1: the dark and shot an innocent person. And you know,
- 56:18Speaker 1: you almost put yourself in that situation, and it's so
- 56:21Speaker 1: vivid when you see him talk about it and the
- 56:23Speaker 1: pain that he feels of having taken away, as he says,
- 56:27Speaker 1: the son of somebody, or the brother or the It's
- 56:30Speaker 1: a very very powerful thing and a very positive thing
- 56:33Speaker 1: that's turning a negative inty positive. Aside from the voices
- 56:50Speaker 1: from within, there's a number of other things that you've
- 56:52Speaker 1: accomplished in prison. Absolutely, Why don't you just run through
- 56:56Speaker 1: some of the laundry list of things?
- 56:59Speaker 3: For me, these weren't tasks. This was a lifestyle that
- 57:03Speaker 3: I've adopted. So in running through them, a lot of
- 57:06Speaker 3: them are vivid. But I never realized how much I've
- 57:10Speaker 3: actually accomplished until I was tasked with putting this together
- 57:13Speaker 3: for clemency. It all started with a think tank in
- 57:16Speaker 3: an inmate organization, and before you knew it, I became
- 57:19Speaker 3: the community organizer of the facility and I started getting
- 57:22Speaker 3: involved at anything that's positive or if anybody needed help
- 57:25Speaker 3: how to put something together. I had this tenacity that
- 57:28Speaker 3: was inherent to just be able to put things together,
- 57:32Speaker 3: and we started doing it. When I came to this facility,
- 57:35Speaker 3: there were a lot more options available. Sink singh is
- 57:39Speaker 3: the big House of New York. It's the prison right
- 57:42Speaker 3: but it has been redubbed into sing sing University and
- 57:47Speaker 3: a documentary about Hudson Link that has been on HBO.
- 57:51Speaker 3: So I started to go to college right. I started
- 57:54Speaker 3: to acquire a degree in behavioral science, and I started
- 57:57Speaker 3: to apply what I was learning between that and what
- 58:00Speaker 3: I've learned on my own and what was happening in organizations.
- 58:05Speaker 3: And then I found like minded individuals and we called
- 58:09Speaker 3: ourselves the Forgotten Voices, and we said, you know what,
- 58:13Speaker 3: we need to reach out to people who can make
- 58:16Speaker 3: and affect change. So it's teaching children, and we're working
- 58:20Speaker 3: with the children of incarcerated parents because they're the closest
- 58:22Speaker 3: ones to us. But we're trying to work with all children,
- 58:25Speaker 3: and we're trying to reach out to organizations to help
- 58:28Speaker 3: children choose better options in life and utilize the experiences
- 58:34Speaker 3: of those who have choosed bad options in life as
- 58:37Speaker 3: a platform of experience to learn from, saying you don't
- 58:41Speaker 3: have to come here to learn this, you can be better.
- 58:45Speaker 1: And it's so important because we know that number one
- 58:47Speaker 1: factor that determines whether a child will end up in
- 58:50Speaker 1: prison is not education or race or socioeconomic factors. It's
- 58:55Speaker 1: whether or not they've had a parent in prison. So
- 58:57Speaker 1: the idea that you're able to interfere and intervene, i
- 59:01Speaker 1: should say, and helped to prevent that from happening is
- 59:05Speaker 1: so critical and stopping that pipeline because those kids deserve
- 59:09Speaker 1: as much of a chance as anybody else.
- 59:11Speaker 3: I think what's important to discuss when we discussed the
- 59:14Speaker 3: projects and what I've accomplished with these projects, is to
- 59:18Speaker 3: talk about how it really came to where it is today. Right,
- 59:22Speaker 3: So what ended up really occurring was in two thousand
- 59:25Speaker 3: and two, an individual came into my life. His name
- 59:28Speaker 3: is Dan Slepian. He's a producer of NBC and he
- 59:31Speaker 3: did the documentary Conviction. He did the investigation that proves
- 59:35Speaker 3: that I am an innocent man. And February twenty twelve,
- 59:39Speaker 3: when that documentary aired, I was already heavily active in
- 59:44Speaker 3: positive endeavors in prison, but when it aired, so many
- 59:48Speaker 3: people reached out to me. And I'm talking about young people,
- 59:51Speaker 3: old people, all kinds of people all over the world,
- 59:55Speaker 3: but in particular, there were young people reaching out to
- 59:58Speaker 3: me and telling me that my story changed their lives.
- 1:00:03Speaker 3: Some of them were actively involved in the street life
- 1:00:07Speaker 3: and realized that if an innocent man can come to prison,
- 1:00:10Speaker 3: then I'm really getting there and I might be the
- 1:00:13Speaker 3: next one. And what that did was because in going
- 1:00:17Speaker 3: back Again, we're going to go back and forth. In
- 1:00:18Speaker 3: two thousand and four, I was the captain of Youth
- 1:00:22Speaker 3: Assistance program in green Haven and I used to deal
- 1:00:25Speaker 3: with youth and we give them tours of the prison
- 1:00:27Speaker 3: and we deal with them on a therapeutic manner. So
- 1:00:31Speaker 3: from seeing how film works and seeing that for years
- 1:00:37Speaker 3: I've been trying to get my voice outside the boundaries
- 1:00:40Speaker 3: of this wall to reach people, to enact change in
- 1:00:43Speaker 3: these communities and to change people's lives. I realized that
- 1:00:47Speaker 3: the media is a tool to be able to get
- 1:00:50Speaker 3: us to them because the problem we had when I
- 1:00:53Speaker 3: was Upstate in the Youth Assistance program was the resources
- 1:00:56Speaker 3: to get the children to the prison so that we
- 1:00:58Speaker 3: can speak to them. We were having an effect on them,
- 1:01:02Speaker 3: but if we only saw them one time, we would
- 1:01:04Speaker 3: never see them again because the resources to get them
- 1:01:06Speaker 3: up there that one time was hard enough. To get
- 1:01:09Speaker 3: them to come back and do a reinforcement project was
- 1:01:12Speaker 3: even harder. But I realized that we can bring the
- 1:01:15Speaker 3: Youth Assistance program to them by doing this. And in
- 1:01:19Speaker 3: the same time, other individuals in prison were reaching out
- 1:01:23Speaker 3: to me and saying, I'm innocent too, I need help.
- 1:01:26Speaker 3: I need the type of help that you have. And
- 1:01:28Speaker 3: I started passing names on to Dan Slepian right, and
- 1:01:31Speaker 3: these individuals have gotten out of prison. Eric Glistened served
- 1:01:36Speaker 3: seventeen years for a crime he didn't commit. He was
- 1:01:38Speaker 3: featured on Dateline a Bronx tale that was our work
- 1:01:42Speaker 3: Johnny Kopier. His case was just dismissed last week in
- 1:01:46Speaker 3: Manhattan court. Another individual we have, Richard Rozario, a very
- 1:01:51Speaker 3: dear and personal friend of mine, as is Eric Glisten,
- 1:01:54Speaker 3: twenty years for a crime in commit shot him down
- 1:01:57Speaker 3: in the courts all the way through six months later,
- 1:02:02Speaker 3: the influence of media and a new prosecutor going into
- 1:02:05Speaker 3: the bronx became the perfect storm. And now he's a
- 1:02:08Speaker 3: free man. And these are individuals I've been around. I've
- 1:02:11Speaker 3: been around so many individuals who have been released over
- 1:02:14Speaker 3: this time. This is like a whole nother life that
- 1:02:16Speaker 3: I've lived in. Here, the ability to affect change in others' lives,
- 1:02:21Speaker 3: and to see innocent men become free men based upon
- 1:02:25Speaker 3: work that we've done together, To see prisoners who have
- 1:02:29Speaker 3: taken lives trying to give back to life. To see
- 1:02:33Speaker 3: all of these things taking place in the most unlikeliest
- 1:02:37Speaker 3: place is amazing. And it's the driving force that keeps
- 1:02:41Speaker 3: me vigilant, that keeps me alive, and that keeps me
- 1:02:44Speaker 3: resilient today despite my circumstances, despite the devastation and the
- 1:02:49Speaker 3: trauma that we've had to go through. Just think about this.
- 1:02:53Speaker 3: My children, for the first ten years of my incarceration,
- 1:02:57Speaker 3: remember one was just a month old, was three years old.
- 1:03:00Speaker 3: They spent five days in school and one day in
- 1:03:03Speaker 3: prison because my mother brought them up religiously. Every week.
- 1:03:06Speaker 3: My mother worked hard as a union organizer, five days working,
- 1:03:11Speaker 3: coming up one day bringing two young children to prison.
- 1:03:15Speaker 3: What kind of social life did they have? They've experienced
- 1:03:19Speaker 3: severe trauma, Vanessa, Her and I were together, We were
- 1:03:22Speaker 3: going to raise our children together. We're not together anymore.
- 1:03:25Speaker 3: But I don't blame her. I was facing twenty five
- 1:03:28Speaker 3: years in prison. We weren't twenty five years old. I
- 1:03:31Speaker 3: left her with an unfair burden of having to raise
- 1:03:34Speaker 3: two children in a broken home, a home that was
- 1:03:37Speaker 3: broken by an egregious miscarriage of justice. The trauma just
- 1:03:40Speaker 3: continues to spread throughout the community. When an innocent man
- 1:03:44Speaker 3: is convicted, he's not the only person who experiences the
- 1:03:48Speaker 3: trauma as a result. The entire community will be affected
- 1:03:52Speaker 3: because of the children, because of everything. You asked me,
- 1:03:57Speaker 3: what the worst thing that I've experienced in prison. The
- 1:04:01Speaker 3: worst thing that I've experienced in prison is that my
- 1:04:03Speaker 3: son became a victim to prison. My son came to
- 1:04:07Speaker 3: prison because I wasn't there to guide him. Okay, he's
- 1:04:10Speaker 3: not innocent, but he if he had me, he would
- 1:04:13Speaker 3: have had a different life. And in that sense, he
- 1:04:16Speaker 3: was innocent. Whatever he got charged for he did, but
- 1:04:20Speaker 3: he shouldn't have had to be in a position to
- 1:04:22Speaker 3: be raised without a father and a role model in
- 1:04:24Speaker 3: his life to teach him what's right, to guide them
- 1:04:27Speaker 3: to see. Yo, listen, I see you going wrong. I'm
- 1:04:29Speaker 3: not gonna let you do that. To pull him up.
- 1:04:32Speaker 3: I don't get that. I get two three hours of
- 1:04:35Speaker 3: his life on a visit every once in a while.
- 1:04:37Speaker 3: You think he's given me what he's going through. Nah,
- 1:04:40Speaker 3: I'm going on to visit. He's telling me I'm fine. Meanwhile,
- 1:04:44Speaker 3: he has to go back and face those demons in
- 1:04:46Speaker 3: the Bronx. It's very unfair getting off the negative note
- 1:04:51Speaker 3: and going to some of the more positive things. Besides
- 1:04:57Speaker 3: the people that I've been able to touch. The thing
- 1:05:00Speaker 3: I was proud about throughout this entire ordeal, it's my mother.
- 1:05:04Speaker 3: My mother. She's carried my weight in a devastating way.
- 1:05:10Speaker 3: She's the strongest person I know. She's been a father
- 1:05:12Speaker 3: to my children. She's been amazing. I don't know anybody
- 1:05:18Speaker 3: who has the strength that she has and the drive
- 1:05:21Speaker 3: and the determination to carry the burden that was left
- 1:05:25Speaker 3: by this miscarriage of justice. My mother is old man,
- 1:05:30Speaker 3: she was young, and she was vibrant. She deserves to
- 1:05:33Speaker 3: have me. They are taken care of. I'm a holy child,
- 1:05:36Speaker 3: not been in prison. She's been taking care of me
- 1:05:38Speaker 3: since I was born. That's not fair. Forty one years old.
- 1:05:43Speaker 3: She deserves better, and she's been through way too much.
- 1:05:45Speaker 3: Trauma is different for different people. And while I'm in
- 1:05:49Speaker 3: the experience, prison has taught me that in order to survive,
- 1:05:53Speaker 3: you have to become numb. And I've become numb to
- 1:05:57Speaker 3: my environment and the circumstances in it so that I
- 1:06:01Speaker 3: can deal with it. But in some regard, I haven't
- 1:06:03Speaker 3: dealt with it yet, and I don't know what I'm
- 1:06:05Speaker 3: going to and I don't know what's going to happen
- 1:06:07Speaker 3: as a result, but I hope what has happened to
- 1:06:10Speaker 3: others won't happen to me. David Ranther served twenty four
- 1:06:13Speaker 3: years for a crimean commit and within a week of
- 1:06:15Speaker 3: his release he had a heart attack. Within that same year,
- 1:06:18Speaker 3: he had two more. Anthony Yarborough served twenty two or
- 1:06:22Speaker 3: twenty three years for a crime in commit They said
- 1:06:25Speaker 3: he killed his own sister and mother. DNA exonerated him.
- 1:06:29Speaker 3: He died within a year of his release. Willie Lopez,
- 1:06:33Speaker 3: personal friend of mine we worked together, got out of
- 1:06:35Speaker 3: prison after about twenty two twenty three years and he
- 1:06:39Speaker 3: died within a year of his release. I'm forty one
- 1:06:42Speaker 3: years old. My father died at forty nine, and he
- 1:06:46Speaker 3: wasn't killed. People need to understand how serious raw andful
- 1:06:51Speaker 3: convictions are. I've been told that eleven million people cycle
- 1:06:55Speaker 3: through the American penal system angrily. Even if we were
- 1:06:59Speaker 3: too imagine a ninety nine percent success rate in the
- 1:07:04Speaker 3: accuracy of convictions. One percent of that eleven million cycle
- 1:07:09Speaker 3: through prison for crimes they don't commit. That's one hundred
- 1:07:11Speaker 3: and ten thousand people on an annual basis. And if
- 1:07:14Speaker 3: they come through for a serious offense, think about the
- 1:07:18Speaker 3: type of time that they have to face. Fernando Bermude
- 1:07:20Speaker 3: is a personal friend of mine seventeen years. Jeffrey Dskovic
- 1:07:25Speaker 3: personal friend of mine sixteen years. David limis the person
- 1:07:29Speaker 3: who introduced me to Dan Slepian from the Palladium murder
- 1:07:32Speaker 3: fourteen years. Eric Glisten an individual I helped get out
- 1:07:36Speaker 3: seventeen years. Richard Zario an individual helped get out twenty years.
- 1:07:42Speaker 3: Johnny and Capyer an individual help get out twenty five years.
- 1:07:48Speaker 3: The list will continue to go on the years go
- 1:07:52Speaker 3: into the thousands.
- 1:07:54Speaker 1: People are hearing this story. It's an outrageous miscarriage of justice.
- 1:07:58Speaker 1: It's gotta be fixed. I'm sure people are wondering what
- 1:08:02Speaker 1: can they do to help? What can they do to
- 1:08:03Speaker 1: help you? In particular. We've talked about things that people
- 1:08:06Speaker 1: can do in general on the show. Is there anything
- 1:08:09Speaker 1: they can do to help in this particular situation and
- 1:08:12Speaker 1: as concise a manner as possible? Is there something that
- 1:08:15Speaker 1: you would have people do to help, as you've helped
- 1:08:18Speaker 1: so many other people reverse their wrong for conviction.
- 1:08:21Speaker 3: I always think that we can't make change, but we
- 1:08:24Speaker 3: have demonstrated that we can, and I believe in the
- 1:08:28Speaker 3: power of people. I think I need people, particularly the
- 1:08:32Speaker 3: listeners of this show, to believe in the power of themselves.
- 1:08:36Speaker 3: There's a website being utilized to advocate for my freedom.
- 1:08:39Speaker 3: It's called free John Adriavealaskis dot org. J O N
- 1:08:43Speaker 3: A D R I V E l A Z qu easy. If, however,
- 1:08:48Speaker 3: many people listen to this show were to go and
- 1:08:51Speaker 3: get ten people to sign that petition, we would have thousands.
- 1:08:55Speaker 3: I'm a stamp away from anybody who cares. I'm sitting
- 1:08:58Speaker 3: in sing sing correctional facility. My number zero zero A
- 1:09:01Speaker 3: twenty three oh three reach out. I'll tell you how
- 1:09:03Speaker 3: you can help. Go to the website, They'll tell you
- 1:09:06Speaker 3: how you can help.
- 1:09:07Speaker 1: I think that's the most important thing is go to
- 1:09:08Speaker 1: the website. It's free John Adrewanblasquez dot org. And again
- 1:09:12Speaker 1: that's j O N A D R I A n
- 1:09:16Speaker 1: v E, l A Z que Z and then of
- 1:09:20Speaker 1: course dot org, so free John Adrewandlaskuaz dot org. Go there,
- 1:09:23Speaker 1: learn how you can help. John has generously offered to
- 1:09:26Speaker 1: have people write to him, and like I said earlier,
- 1:09:29Speaker 1: you should expect a letter back that you're going to
- 1:09:31Speaker 1: think he must have had help from a great novelist
- 1:09:34Speaker 1: or a professor of English at an Ivy League university.
- 1:09:37Speaker 2: But he writes beautiful letters.
- 1:09:39Speaker 3: You have already somehow reached society because over the time
- 1:09:44Speaker 3: of December and Christmas I got a stack of mail
- 1:09:46Speaker 3: about this big I appreciate that. Thank you. I want
- 1:09:49Speaker 3: everyone to know how touched I am by their humanity
- 1:09:54Speaker 3: and their opportunity to say, you know what, somebody cares
- 1:09:59Speaker 3: about you. And that's some of the energy that I
- 1:10:03Speaker 3: utilize to basically catalyze my drive. So I appreciate it.
- 1:10:09Speaker 3: I want people to be patient I've been working on
- 1:10:11Speaker 3: a petition for clemency. I've been working on my appeal,
- 1:10:14Speaker 3: but I will try to get back to everyone, and
- 1:10:17Speaker 3: upon my release, I guarantee that I'll be available somewhere
- 1:10:21Speaker 3: on social media and we'll get to everyone.
- 1:10:23Speaker 1: Yeah, we'll have a big party, but everybody's going to
- 1:10:25Speaker 1: have to sign some petitions to get in, that's for sure.
- 1:10:28Speaker 2: JJ. I want to thank you for being on the show.
- 1:10:31Speaker 3: I want to thank Revolver Productions for having me. I
- 1:10:33Speaker 3: want to thank you Jason for having me and for
- 1:10:35Speaker 3: doing everything that you have. You're an amazing individual. Thank you.
- 1:10:39Speaker 1: You've been listening to the first episode of Wrongful Conviction
- 1:10:44Speaker 1: Behind Bars, and it won't be the last. I think
- 1:10:47Speaker 1: it's very important that we bring these stories to light
- 1:10:50Speaker 1: from inside the maximum security prison, in this case Sing Sing.
- 1:10:55Speaker 1: I want to thank the Tuberintendent Capra for allowing us
- 1:10:58Speaker 1: to film with Ja inside the prison walls. And again
- 1:11:03Speaker 1: our guest today, John Adrian Velasquez. John, I'm looking forward
- 1:11:07Speaker 1: to seeing you as I saw Felipe the other day
- 1:11:09Speaker 1: on the outside with your family, and it's going to
- 1:11:12Speaker 1: happen because we're not going to.
- 1:11:14Speaker 2: Give up until it does.
- 1:11:15Speaker 3: Thank you.
- 1:11:27Speaker 2: Don't forget to give us a fantastic review. Wherever you
- 1:11:29Speaker 2: get your podcasts, it really helps. And I'm a proud donor.
- 1:11:33Speaker 1: To the Innocence Project and I really hope you'll join
- 1:11:36Speaker 1: me in supporting this very important cause and helping to
- 1:11:39Speaker 1: prevent future wrongful convictions. Go to Innocenceproject dot org to
- 1:11:43Speaker 1: learn how to donate and get involved. I'd like to
- 1:11:46Speaker 1: thank our production team, Connor Hall and Kevin Wartis. The
- 1:11:49Speaker 1: music in the show is by three time OSCAR nominatede
- 1:11:52Speaker 1: composer Jay Ralph.
- 1:11:54Speaker 2: Be sure to follow us on.
- 1:11:55Speaker 1: Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast.
- 1:12:00Speaker 1: Wrongful Conviction with Jason Flamm is a production of Lava
- 1:12:03Speaker 1: for Good Podcasts and association with Signal Company Number one