Latest / Wrongful Conviction / #467 Jason Flom with Jerome Curry
Transcript
- 0:02Speaker 1: It was the summer of nineteen ninety six in Upper Manhattan,
- 0:06Speaker 1: while the violence of the crack epidemic continued to rage.
- 0:12Speaker 1: On July fifteenth, a man survived a gunshot on one
- 0:14Speaker 1: hundred and fifty ninth Street. On August thirtieth, another man
- 0:18Speaker 1: wasn't as lucky at a bus stop on one hundred
- 0:21Speaker 1: and forty fifth On September twentieth, gunshots erupted on one
- 0:25Speaker 1: hundred and fifty eighth Street, and police chased down a
- 0:27Speaker 1: white sedan that had sped away from the scene with
- 0:30Speaker 1: two young men inside, Petro Guzman and Jerome Curry. Detectives
- 0:36Speaker 1: told them that they'd found a gun in their wake,
- 0:39Speaker 1: and eventually Guzman named Jerome and their friend Miguel Enriquez,
- 0:44Speaker 1: saying that the gun was used in the August thirtieth
- 0:46Speaker 1: murder as well. Over a day later, Jerome said the
- 0:50Speaker 1: same thing, additionally admitting to the July fifteenth shooting. Either
- 0:56Speaker 1: those detectives hit the jackpot, or this is wrongful conviction.
- 1:09Speaker 1: Wrongful conviction has always given voice to innocent people in prison,
- 1:12Speaker 1: and now we're expanding that voice to you. Call us
- 1:16Speaker 1: at eight three, three, two oh seven four six sixty six,
- 1:20Speaker 1: and tell us how these stories make you feel and
- 1:22Speaker 1: what you've done to help the cause, even if it's
- 1:25Speaker 1: something as simple as telling a friend or sharing on
- 1:27Speaker 1: social media. We've really appreciated hearing from our audience so
- 1:31Speaker 1: much so that we've included one of the messages at
- 1:34Speaker 1: the end of this episode. So stick around for that,
- 1:36Speaker 1: and if you have something to say, we definitely want
- 1:39Speaker 1: to hear it, and you might just hear yourself in
- 1:42Speaker 1: a future episode. Call us A three three, two oh seven,
- 1:46Speaker 1: four six sixty six. Welcome back to Wrongful Conviction today's episod.
- 2:00Speaker 1: So it's a case that you're not going to want
- 2:02Speaker 1: to hear, but you need to hear the story of
- 2:04Speaker 1: mister Jerome Curry. And Jerome is on the phone with
- 2:08Speaker 1: us now. First of all, I'm sorry for everything even
- 2:12Speaker 1: going through for Jesus almost three decades. Yes, but I'm
- 2:15Speaker 1: very honored to have you here on the show. Well,
- 2:17Speaker 1: I honor also to be on the show man yeah,
- 2:19Speaker 1: and joining us once again to help tell this story.
- 2:22Speaker 1: My friend attorney Justin Bonas Justin, welcome.
- 2:25Speaker 2: Back, thank you. It's great to be back on.
- 2:27Speaker 1: So Jerome, take us back to before all of this
- 2:32Speaker 1: horrible stuff happened.
- 2:34Speaker 3: I was born into Dominican Republic. I spent some years
- 2:37Speaker 3: out there. I grew up in between two different family structures.
- 2:40Speaker 3: Social structures, like on my father's side, all of his
- 2:43Speaker 3: children and everybody else in the family, they will all
- 2:47Speaker 3: graduate from college and the university. They were professional, so
- 2:50Speaker 3: like a middle class sort of family. And on my
- 2:54Speaker 3: mother's side, basically no one had graduated from college, but
- 2:58Speaker 3: some people don't even read and write. It was a
- 3:00Speaker 3: very poor family and a very rough neighborhood. I kind
- 3:04Speaker 3: of grew up there more than with my father. I
- 3:07Speaker 3: used to like it there more because I had cousins.
- 3:09Speaker 3: And in the May seventies, my mother met an American doctor.
- 3:13Speaker 3: They married and he brought over to the United States,
- 3:16Speaker 3: and about a year later I came over to Trent
- 3:18Speaker 3: in New Jersey. It was rough. I didn't know English,
- 3:21Speaker 3: and I'm baskin so experienced bullying and abused by other kids.
- 3:27Speaker 3: But I ended up getting a good education, graduating, and
- 3:31Speaker 3: I moved over to New York Jerome.
- 3:34Speaker 1: First moved to one hundred and fifty ninth Street in
- 3:36Speaker 1: Washington Heights, an area that was deep in the throes
- 3:39Speaker 1: of the crack epidemic. But then soon Jerome found a
- 3:42Speaker 1: safer place in the Bronx, where he met his co defendants,
- 3:45Speaker 1: Miguel Enriquez and unfortunately the guy who sold him down
- 3:49Speaker 1: the river, Pedro Goosemann.
- 3:52Speaker 3: I had just really met the guy around the time
- 3:54Speaker 3: that we both got arrested, and Rieke has introduced me
- 3:57Speaker 3: to him. You know, he worked for the superl the
- 3:59Speaker 3: same build than where I lived, and he kind of
- 4:02Speaker 3: gravitated tow us me, so we started hanging out together.
- 4:05Speaker 3: You know, Ice, it's like smoking weed. He smoked weedze.
- 4:07Speaker 3: But I never really knew much about the guy. So,
- 4:11Speaker 3: you know, we all had moved to the Bronx around
- 4:13Speaker 3: that time because Washington Heights or the opposite west side
- 4:16Speaker 3: of Manhattan was very very different man they was moving
- 4:20Speaker 3: at a different speed. It was huge drug enterprise, so
- 4:24Speaker 3: everybody and then the businesses, everybody was involved in something.
- 4:28Speaker 3: Even the people that were not committing crimes were right
- 4:31Speaker 3: there in the middle of everything.
- 4:33Speaker 1: Crack epidemic era Upper Manhattan was rife with violence, But
- 4:37Speaker 1: that doesn't excuse how our civil rights were regularly trampled
- 4:40Speaker 1: to clear sometimes multiple open cases. If you recall what
- 4:45Speaker 1: happened to Ralphie Martinez, which we're going to link that
- 4:48Speaker 1: incredible story in the episode description. He became the scapegoat
- 4:52Speaker 1: for drug trafficking on West one hundred and fifty seventh
- 4:55Speaker 1: Street and three violent crimes. And this case bears some
- 4:59Speaker 1: resemblance as the police were willing to once again use
- 5:02Speaker 1: false statements to clear July fifteenth assault with a deadly weapon,
- 5:06Speaker 1: an August thirtieth murder, and an attempted murder on September twentieth.
- 5:10Speaker 1: And in this story, we have a known repeat offender
- 5:13Speaker 1: with whom Justin has had some contact, Detective Ba de Leone.
- 5:18Speaker 2: Lpedo Ba de Leone. They cleared the books. That's what
- 5:23Speaker 2: they did back then. I mean BA told me that
- 5:26Speaker 2: about Raffi. That's what they did back then. I mean
- 5:28Speaker 2: even now in modern times is when they think they
- 5:31Speaker 2: can throw everything on a guy, that's what they're going
- 5:33Speaker 2: to do. The funny thing is Baight, he's in the
- 5:36Speaker 2: Jabbar Walker case. Jabar Walker was exonerated November twenty seventh,
- 5:40Speaker 2: twenty twenty three the Innocence Project. From everyone that I've
- 5:44Speaker 2: spoken with have stated that the net case there was
- 5:46Speaker 2: fabricating and manufacturing evidence from Ba de Leone, And we
- 5:51Speaker 2: also know about de Leone that he was found in
- 5:54Speaker 2: nineteen ninety to have used force against a witness in
- 5:58Speaker 2: another case. In order to get statement, I could tell
- 6:01Speaker 2: you that it almost never happens thirty years ago that
- 6:06Speaker 2: the Civilian Complaint Review Board and the NYPD internally substantiated
- 6:11Speaker 2: use of force allegation. And that's before we get the
- 6:14Speaker 2: Jabar Walker's case, which took place around the same time
- 6:17Speaker 2: as Curry's. So it's kind of like a clear of
- 6:19Speaker 2: the books type of situation. With the Jerome the July
- 6:22Speaker 2: attempted murder and then the September twentieth attempted murder, we're
- 6:27Speaker 2: both in the thirty third precinct, and then the murder
- 6:32Speaker 2: of Reginald Myers is in the thirtieth precinct. So this
- 6:35Speaker 2: is what brings de Leone in. So you get these
- 6:38Speaker 2: statements that are obviously fabricated and manufactured, not only because
- 6:43Speaker 2: they're identical, but also because they are demonstrably false. Okay,
- 6:49Speaker 2: but the other detectives, he was the more senior detective,
- 6:53Speaker 2: it appears, and he was the one that took the
- 6:56Speaker 2: lead driving the investigation with regard to the other cases.
- 7:00Speaker 1: So let's start with the assault of Reginald Fraser on
- 7:03Speaker 1: July fifteenth of nineteen ninety six.
- 7:07Speaker 3: According to him, it was late that night, around ten o'clock.
- 7:10Speaker 3: He says that it was a male black eighteen to
- 7:13Speaker 3: twenty years of age. They had an argument walking down
- 7:17Speaker 3: the street from the middle of the block through the
- 7:20Speaker 3: corner of one hundred and fifty ninth Street in Broadway,
- 7:25Speaker 3: and that the argument got a little heated and the
- 7:27Speaker 3: male black put out a gun on him and shot
- 7:30Speaker 3: him on a box when he tried to flee away
- 7:33Speaker 3: from Reginald Fraser. He's African American, so he would know
- 7:37Speaker 3: for a fact whether he's talking to an African American
- 7:41Speaker 3: or Latino. That was a dark skin, he definitely would
- 7:44Speaker 3: have been able to distinguish that.
- 7:46Speaker 1: Now Jerome was five to seven with dark skin and
- 7:49Speaker 1: a thick Dominican accent.
- 7:52Speaker 3: In fact, my English back then, my accent was a
- 7:55Speaker 3: little stronger. Now it has gotten better to education and
- 7:58Speaker 3: studying and reading and you know, going through them off
- 8:00Speaker 3: a pronunciation, but it was definitely a lot stronger back there,
- 8:04Speaker 3: so he would have known that this distinction immediately.
- 8:07Speaker 1: Nevertheless, Reginald Fraser initially reported a young black Mail as
- 8:12Speaker 1: his assailant, not an Hispanic Mail. But eventually Fraser identified
- 8:16Speaker 1: Jerome and changed his story to say that an Hispanic
- 8:19Speaker 1: Mail was his assailant. And we'll get into the suggestive
- 8:22Speaker 1: nature of his idea as well as Fraser's particulate later on.
- 8:25Speaker 1: But first back to July fifteenth, nineteen ninety six, detectives
- 8:28Speaker 1: from the thirty third precinct had no leads, and then
- 8:31Speaker 1: in the thirty th precinct on August thirtieth, nineteen ninety six,
- 8:35Speaker 1: there was a murder of Reginald Myers.
- 8:37Speaker 2: Got two Reggies in this case, a Reggie Fraser and
- 8:40Speaker 2: Reggie Myers. Myers is the deceased. Fraser is alive. My
- 8:46Speaker 2: focus has been on the Myers case because you got
- 8:49Speaker 2: to take one case at a time. If you don't,
- 8:52Speaker 2: you're going to confuse a judge. I think you got
- 8:55Speaker 2: to focus on Myers first, because there is a landslide
- 8:59Speaker 2: worth of evidence, forensic, medical, One of the people that
- 9:03Speaker 2: was in the car has come forward with an affidavit
- 9:06Speaker 2: detailing who the killer was and that it wasn't Jerome
- 9:10Speaker 2: and he wasn't there.
- 9:11Speaker 3: During this time, I was visiting Trenton, New Jersey with
- 9:14Speaker 3: my girlfriend visit in my mother's house. I was out
- 9:16Speaker 3: there with friends and spending some time out there.
- 9:19Speaker 1: Many years later, Jerome's co defend at, Miguel Enriquez, made
- 9:22Speaker 1: it clear that he committed this crime with Pedro Guzman
- 9:25Speaker 1: and another man.
- 9:26Speaker 3: Yes, he mentioned in Markles and then he nicknamed him
- 9:30Speaker 3: boas this was the guy that was supposed to have
- 9:32Speaker 3: fired the shot. On the night of the murder.
- 9:35Speaker 2: From my investigation, Henriquez, Guzman and a man named mark
- 9:41Speaker 2: Or Leboa are looking for someone to rob. This is
- 9:46Speaker 2: the west side of Harlem, and there was a lot
- 9:49Speaker 2: of people running around with I guess a lot of
- 9:51Speaker 2: weight in drugs, so you know, guys would drive around,
- 9:54Speaker 2: you had stick up kids. And on one hundred and
- 9:57Speaker 2: forty fifth Street, Henriquez Guzman on and Loboa. They see
- 10:02Speaker 2: this man who happens to be Reginald Myers with a
- 10:05Speaker 2: bag in his hand. They think that he has drugs
- 10:08Speaker 2: in the bag. Turns out that he just got some
- 10:10Speaker 2: like gatorade and like a snapple or something like that,
- 10:13Speaker 2: and Henriquez gets out of the car grabs the bag.
- 10:17Speaker 2: Myers chases Henriquez back to the car and a gun
- 10:21Speaker 2: shot goes over.
- 10:22Speaker 1: Ems arrived around nine pm and Myers was pronounced dead
- 10:25Speaker 1: at the hospital. Detective de Leon arrived around nine point
- 10:29Speaker 1: fifteen pm, and, according to police reports that were not
- 10:32Speaker 1: presented a trial, eyewitnesses said that a man around six
- 10:35Speaker 1: feet tall grabbed the bag and returned to a dark
- 10:38Speaker 1: gray sedan. As Myers reached for the guy who robbed him,
- 10:41Speaker 1: the car pulled off toward Amsterdam Avenue and shots were fired.
- 10:45Speaker 1: The following day, the autopsy revealed stippling, suggesting a close
- 10:49Speaker 1: range shot with no impediments. It was determined that a
- 10:52Speaker 1: nine millimeter bullet passed through the back of his upper
- 10:55Speaker 1: right arm into the armpit, striking his lungs and heart.
- 11:00Speaker 1: The witnesses and trajectory suggest that the victim reach for
- 11:02Speaker 1: the sedan's passenger side and was shot as the sidhan
- 11:05Speaker 1: pulled away. Yet the state's narrative had Meyers slapping the
- 11:09Speaker 1: windshield of a stationary vehicle and was shot with a
- 11:11Speaker 1: thirty eight caliber bullet through the windshield, which is simply
- 11:15Speaker 1: not supported by the facts, But that narrative didn't emerge
- 11:18Speaker 1: until September twentieth. Now, Jerome was back from New Jersey
- 11:22Speaker 1: and was driving around Washington Heights near his old apartment
- 11:25Speaker 1: with Pedro Guzman.
- 11:27Speaker 3: No, this is what we did with party, smoke, marijuana, hangout,
- 11:30Speaker 3: look for girls. So we ended up driving down the
- 11:33Speaker 3: streets and we ended up coming into one hundred and
- 11:37Speaker 3: fifty eighth Street. While in the middle of the block,
- 11:39Speaker 3: a shootout happens. For what I was told, it was
- 11:42Speaker 3: over a drug spot. That they had, a crack spot
- 11:44Speaker 3: that they were fighting over. It was individuals from I
- 11:46Speaker 3: blocked Reginald Fraser his friends.
- 11:49Speaker 1: Yep, the same Reginald Fraser from the July fifteenth assault
- 11:53Speaker 1: was involved in a shootout over a crack spot in
- 11:56Speaker 1: which his friend Thomas Joe Long ran toward Amsterdam Avenue
- 12:00Speaker 1: with the one way flow of traffic on his right
- 12:03Speaker 1: and the buildings on his left.
- 12:05Speaker 3: The shot on the left shoulder and the shots supposedly
- 12:08Speaker 3: came from his right side of a car that was
- 12:11Speaker 3: riding along the streets, but his left shoulder is facing
- 12:14Speaker 3: the buildings as he's running towards Amsterdam.
- 12:18Speaker 1: Even though the bullet entering and exiting through his upper
- 12:21Speaker 1: left shoulder supported that the shooter was on the sidewalk.
- 12:24Speaker 1: The police radio reported that the shots came from a
- 12:26Speaker 1: white Sedan. The making model varied, but this play suspicion
- 12:30Speaker 1: on Jerome Curry and Petro Guzman, who were in a
- 12:33Speaker 1: white Nissan Maxima.
- 12:35Speaker 3: In the middle of this. We did what we thought
- 12:38Speaker 3: was logical at that moment, and we also sped out
- 12:41Speaker 3: of the block. The police are chasing us. You know,
- 12:44Speaker 3: even though the victims identified multiple different cars, it just
- 12:48Speaker 3: happened that our car was also white. Now, on that night,
- 12:52Speaker 3: we had a substantial amount of marijuana, and then we
- 12:55Speaker 3: ain't had no identification, no license, We didn't even have
- 12:58Speaker 3: paperwork for the car, even that the car was legit.
- 13:01Speaker 3: Guzman was driving, He panised him. He said, I'm not stopping.
- 13:04Speaker 3: I'm not stopping. I'm going. You know, I didn't try
- 13:07Speaker 3: to stop him. What I did was I tried to
- 13:08Speaker 3: get rid of the marijuana we had in the and
- 13:10Speaker 3: we just ran as much as we could.
- 13:13Speaker 1: They sped toward the Macomb's Damn Bridge on their way
- 13:15Speaker 1: back to the Bronx, but traffic from the Yankee Game
- 13:18Speaker 1: was backed up and the police pulled up right next
- 13:20Speaker 1: to them.
- 13:20Speaker 2: Kurr gets arrested with Guzman on September twentieth.
- 13:24Speaker 3: Somewhere in the area. The police found a gun. First,
- 13:26Speaker 3: they claimed that it was a three fifty seven, so
- 13:28Speaker 3: they put that on the reporter and said, well, we
- 13:30Speaker 3: found a gun and this gun belongs to you. Guys.
- 13:33Speaker 3: They never took any fingerprints off it, DNA anything, and
- 13:37Speaker 3: they said, well, this is your gun, and we tell
- 13:39Speaker 3: them this is not our gun from the beginning, this
- 13:42Speaker 3: is not our gun. This is not our gun. And
- 13:44Speaker 3: eventually Pedro Guzman started talking to the people. He said, well,
- 13:47Speaker 3: that's my friend gun and I gotta talk to you.
- 13:49Speaker 3: That's why he began to talk about the murder case. Well.
- 13:52Speaker 1: Offending off suspicion in the attempted murder of Thomas Long,
- 13:55Speaker 1: it appears that Guzman decided to try to save himself
- 13:59Speaker 1: by cooperating, and at some point the three point fifty
- 14:02Speaker 1: seven Magnum became a thirty eight special. I guess the
- 14:06Speaker 1: police didn't know what kind of gun they allegedly found
- 14:09Speaker 1: dumped from Guzman's car. Nevertheless, Guzman started to spill real
- 14:14Speaker 1: information mixed in with the lies about the murder of
- 14:17Speaker 1: Reginald Myers, which had occurred in the thirtieth precinct.
- 14:20Speaker 3: They called in the thirtieth precinct. This is when Detective
- 14:23Speaker 3: de Lyon get involved. Pedro Guzman admitted that him and
- 14:28Speaker 3: two of the individuals have been involved in that shooting
- 14:31Speaker 3: of Reginald Myers. They never mentioned me. Somehow they pressured
- 14:36Speaker 3: him and then he implicated me in the crime.
- 14:39Speaker 2: They take a statement from Guzman, not knowing that you know,
- 14:42Speaker 2: this guy now is trying to dig himself up out
- 14:46Speaker 2: of a really, really nefarious scenario. Here. Guzman's I know
- 14:51Speaker 2: about this other murder and Curry's involved with this murder.
- 14:54Speaker 2: Right basically says to de Leon that this thirty eight
- 14:57Speaker 2: killed Myers. Turns out that that thirty eight was not
- 15:00Speaker 2: the murder weapon in Myers. There was a deformed nine
- 15:03Speaker 2: millimeter bullet that was found in Meyer's body, and that
- 15:08Speaker 2: bullet was compared to the gun that was recovered in
- 15:12Speaker 2: connection with Curry's arrest on the night of September twentieth.
- 15:15Speaker 2: The NYPD's own ballistic expert concluded that that nine minilimeter
- 15:20Speaker 2: bullet could not have been fired from that thirty eight,
- 15:23Speaker 2: that there was no connection between that gun and Myers
- 15:26Speaker 2: at all.
- 15:26Speaker 1: But de Leon didn't know this information when he was
- 15:29Speaker 1: working on these statements, first with Guzman and then they
- 15:32Speaker 1: picked up Miguel Enriquez and lastly.
- 15:35Speaker 3: Jerome detected de Leon came in. This guy, him and
- 15:39Speaker 3: another Guydny Detected Crimes. We were kept in a freeze
- 15:42Speaker 3: and approximately forty eight hours, probably a little longer than that.
- 15:45Speaker 3: Things got really bad, but no, continue to deny my
- 15:48Speaker 3: involvement in it. The first thing they did was they
- 15:51Speaker 3: brung in big colored pictures of a victim and they
- 15:53Speaker 3: put them on the table. They were determined to get
- 15:57Speaker 3: a confession. Who say, you're going to tell um just
- 15:59Speaker 3: out of the story. You know, it got so bad
- 16:01Speaker 3: to the point where this detective Elpedio de Leon became
- 16:05Speaker 3: a bit physically, you know, I remember him getting off.
- 16:08Speaker 3: He went into a rage, punching and slapping me and
- 16:12Speaker 3: he said, we know you're not leaving here until you
- 16:14Speaker 3: tell us what we want to hear. You know. During
- 16:16Speaker 3: this process, they brought in a TV screen where the
- 16:19Speaker 3: DVD was BCR player and they continuously played the confession
- 16:25Speaker 3: that this guy edro Guzman had already given them and
- 16:28Speaker 3: gelhen Riquez that they implicated in this crime as well.
- 16:32Speaker 2: Enriquez and Guzmand both say that Enriquez jumps out of
- 16:36Speaker 2: the car takes the bag off of the victim, runs
- 16:40Speaker 2: back to the eighty six accurate dark gray four door,
- 16:44Speaker 2: and both of them say that the victim comes to
- 16:47Speaker 2: the front windshield, slaps it, and Jerome shoots through the
- 16:50Speaker 2: windshield and see that's the thing. The police could have
- 16:53Speaker 2: easily gone to the autopsy to see that there was
- 16:55Speaker 2: stippling on the body and automatically know that what Enriquez
- 17:00Speaker 2: Guzmana saying is false.
- 17:02Speaker 1: The windshield would have blocked any stippling at all from
- 17:05Speaker 1: landing on Reginald Myers. And in addition, the nine milimeter bullet,
- 17:09Speaker 1: not a three fifty seven or a thirty eight caliber,
- 17:12Speaker 1: but a nine milimeter bullet entered through the back upper
- 17:16Speaker 1: right arm and passed through the chest to the left.
- 17:20Speaker 1: There was no upward trajectory that one might expect to
- 17:23Speaker 1: have seen with a shot through the windshield. The shot,
- 17:25Speaker 1: in fact, entered the back upper right arm. This scenario
- 17:29Speaker 1: in which Jerome is the shooter simply defies reality.
- 17:35Speaker 3: And they can tell me just with people, they are saying,
- 17:37Speaker 3: you gotta give us a story, you gotta pay some
- 17:39Speaker 3: type of responsibility. And this went on for hours, like
- 17:43Speaker 3: I never knew how serious sleet the probation was, and
- 17:47Speaker 3: not drinking water, not having access to fool for so
- 17:50Speaker 3: long really meant into experience. Then they put me in
- 17:54Speaker 3: a line up. I may have found out that the
- 17:56Speaker 3: people that claimed that they see me at the crime
- 17:59Speaker 3: scene had identify a guy that was six feet to
- 18:02Speaker 3: six one. I'm only fist seven.
- 18:04Speaker 1: How can a guy be identified as being six to
- 18:07Speaker 1: one and be five to seven?
- 18:09Speaker 3: Taking in consideration that I was sitting down when they
- 18:12Speaker 3: made the identification with a bunch of other guys, so
- 18:15Speaker 3: they didn't even see me standing up to compare me
- 18:17Speaker 3: to the other.
- 18:18Speaker 1: Individuals, you know, Oh wow, Okay, that's a whole I
- 18:23Speaker 1: never heard of a lineup sitting down.
- 18:24Speaker 3: Yeah, on a bench, So that's how they made the identification.
- 18:28Speaker 3: So they said, well, you know, we got you. I
- 18:30Speaker 3: picked out of a line on there's people that seen
- 18:32Speaker 3: you there, and it was all line and it got
- 18:35Speaker 3: so bad that I just wanted to end it. I
- 18:38Speaker 3: ended up incriminating myself in this crime, even though I
- 18:41Speaker 3: was innocent, which is something that I have regreaded all
- 18:43Speaker 3: these years because I have to live with that. My
- 18:46Speaker 3: family had to live with that, you.
- 18:48Speaker 1: Know, listening to wrongful conviction. You can listen to this
- 19:02Speaker 1: and all the Lava for Good podcasts one week early
- 19:05Speaker 1: and ad free by subscribing to Lava for Good Plus
- 19:09Speaker 1: on Apple Podcasts. As far as we can tell, the
- 19:18Speaker 1: witnesses that viewed to sit down lineup were never heard
- 19:21Speaker 1: from again, but they served as an effective cudgel. They
- 19:25Speaker 1: got Jerome to sign a confession making him the shooter
- 19:28Speaker 1: for Reginald Fraser, Reginald Myers, and Thomas Long, but as
- 19:33Speaker 1: we've already pointed out, the statements were not corroborated by reality.
- 19:37Speaker 1: And then they brought in Reggie Fraser, who was both
- 19:40Speaker 1: the victim from July fifteenth as well as the witness
- 19:43Speaker 1: of the shooting in front of his crack spot, which
- 19:45Speaker 1: one can surmise made him open for cooperation when he
- 19:50Speaker 1: came in to view a lineup, especially when he's made
- 19:53Speaker 1: to believe that the guy who shot his friend Thomas
- 19:56Speaker 1: Long had been caught.
- 19:58Speaker 3: He said, badd came in and he saw my picture
- 20:02Speaker 3: on the detective's desk, and then he went into the
- 20:05Speaker 3: lineup and identified me.
- 20:06Speaker 1: There's also another version of events where someone else at
- 20:10Speaker 1: the thirty third Precinct, not Detective Primus, who was conducting
- 20:13Speaker 1: the lineup, but somebody else showed him Jerome's picture by mistake.
- 20:18Speaker 1: Either way, Reggie Fraser made the id that was incentivised
- 20:23Speaker 1: by not only a blind eye to his drug activity,
- 20:27Speaker 1: but also just a few months before trial trigger warning,
- 20:30Speaker 1: thirty eight year old Reggie Fraser had been charged with
- 20:34Speaker 1: the rape of a thirteen year old child who became pregnant,
- 20:38Speaker 1: receiving a sentence of only one and a half to
- 20:41Speaker 1: three years. Meanwhile, Jerome had awaited his trials for about
- 20:46Speaker 1: that same amount of time on Riker's Island. His first
- 20:49Speaker 1: trial was for the July fifteenth assault of Fraser and
- 20:53Speaker 1: the attempted murder of Fraser's buddy Thomas Long.
- 20:56Speaker 3: Regulald Fraser, he testified that he seen a white car.
- 21:01Speaker 3: Somebody pointed a girl out of the window of the
- 21:04Speaker 3: car and started shooting at him or the group that
- 21:06Speaker 3: he was in. Long testified also, but he really didn't
- 21:10Speaker 3: provide much information. He just said that, you know, he's
- 21:14Speaker 3: seen a white car. He couldn't identify the car. He
- 21:16Speaker 3: don't even know where the shots came from. He just
- 21:19Speaker 3: said he heard a shot and he started running. And
- 21:22Speaker 3: of course, a confession for me an incriminating confession.
- 21:25Speaker 1: Now, as we've discussed, this alleged confession was about shooting
- 21:29Speaker 1: Thomas Long from the car, even though the bullet path
- 21:32Speaker 1: through Long's left shoulder placed the shooter on the sidewalk
- 21:36Speaker 1: in front of or behind him, not in a car
- 21:38Speaker 1: way off to his right, but none of this was
- 21:40Speaker 1: ever explained to the jury. Then they moved on to
- 21:43Speaker 1: the assault.
- 21:43Speaker 3: On July fifteen, Fraser said that he had a confrontation
- 21:47Speaker 3: with a guy on one hundred and fifty ninth Street
- 21:50Speaker 3: that he had never seen before at night, and the
- 21:53Speaker 3: guy shot him as he tried to run away. He said, yes,
- 21:56Speaker 3: he don't right there, sitting right there now.
- 21:58Speaker 1: Importantly, he reported that this was a blackmail, but changed
- 22:01Speaker 1: this description to hispanic mail and id Jerome an id
- 22:05Speaker 1: that he appears to have been incentivized and guided to
- 22:08Speaker 1: may He also testified to having cooperated in other prosecutions,
- 22:12Speaker 1: which could mean that he regularly traded testimony to maintain
- 22:15Speaker 1: his own freedom and was not thereby a reliable source.
- 22:19Speaker 1: But with Jerome's own statement corroborating this witness, he probably
- 22:23Speaker 1: didn't have a chance anyway, how didn't think so.
- 22:25Speaker 3: One is because I wasn't allowed to take the stand
- 22:29Speaker 3: and speak and defend myself and for representation that I had.
- 22:33Speaker 3: He never used his private investigator to go to the
- 22:36Speaker 3: ABBA and interview witnesses, and so I knew I was
- 22:39Speaker 3: in trouble. They came in and they just handed.
- 22:41Speaker 1: Out they'd on March seventeenth, nineteen ninety eight. Predictably, they
- 22:45Speaker 1: found him guilty in both cases, ultimately resulting in two
- 22:49Speaker 1: consecutive terms of twenty five and ten years for a
- 22:52Speaker 1: total of thirty five years. And then his second trial
- 22:55Speaker 1: for the Meyers murder began that August.
- 22:57Speaker 2: The only evidence against Jerome Curry is Guzman and Curry's statement.
- 23:02Speaker 2: Henrikuz does not testify a trial. He provides a statement
- 23:05Speaker 2: to Ba DeLeon, and interestingly, Henriquez and Guzman's statements almost
- 23:10Speaker 2: match identically, like almost word for word. We all have
- 23:14Speaker 2: different perception, Okay, so you're gonna have different versions of
- 23:19Speaker 2: the same event. Now that it's not going to contradict
- 23:22Speaker 2: each other, but it's going to be slightly different. You're
- 23:25Speaker 2: not going to have exactly the same statement right word
- 23:29Speaker 2: for word. That's not gonna happen. They don't write those statements.
- 23:33Speaker 2: Deleone does right. But Henriquez doesn't testify a trial.
- 23:37Speaker 3: No, he didn't testify. And he told me that. He said, listen,
- 23:41Speaker 3: even though I implicated you in this murder, I know
- 23:43Speaker 3: you wasn't there. They forced me to say these things
- 23:45Speaker 3: about are he said, Detective Lyon forced me. Crime is
- 23:49Speaker 3: you know. They put me in a room. They threatened
- 23:51Speaker 3: to hit me. This is a guy that never been arrested.
- 23:53Speaker 3: And he took a plee. He said, I'm not doing it.
- 23:56Speaker 3: He said, I'm not going to testify. I'd rather take
- 23:58Speaker 3: a plea offer. Just get on with my life and
- 24:00Speaker 3: do whatever amount of years I have to do before
- 24:03Speaker 3: I come in here and do that. And he never
- 24:04Speaker 3: testify either. He refused to testify.
- 24:07Speaker 2: I forget how much time he gets. He does do
- 24:09Speaker 2: a lot of time in prison. Enriquez, he does much
- 24:11Speaker 2: more time than Guzman does, who does cooperate.
- 24:13Speaker 3: I think he did about seven in some months. He
- 24:17Speaker 3: did less than what he was supposed to do, so
- 24:19Speaker 3: I don't know if they threw in a letter of
- 24:20Speaker 3: consideration in there for him.
- 24:22Speaker 2: And Guzman says that when Henriquez comes into the car,
- 24:27Speaker 2: the victim runs up to the front of the windshield
- 24:29Speaker 2: and slaps the windshield.
- 24:31Speaker 3: They said that he was standing in front by the
- 24:34Speaker 3: hood of the car with both hands raised in the
- 24:37Speaker 3: air in a position to strike the wing shield. So
- 24:40Speaker 3: that means that the bullet wood has struck him through
- 24:43Speaker 3: his left.
- 24:44Speaker 2: Side, and he says, Curry shoots through the front of
- 24:46Speaker 2: the windshield. And what we know from the autopsy report
- 24:51Speaker 2: is that they're stippling on the wound, which means two things.
- 24:55Speaker 2: That this is a close gunshot wound. The other thing
- 24:58Speaker 2: is there can't be an intermediate between the wound and
- 25:02Speaker 2: the gun, completely refutes what Guzman is saying. And it's
- 25:06Speaker 2: more that the victim, Myers, is running towards the car,
- 25:10Speaker 2: reaching into the car, and is shot into the side
- 25:13Speaker 2: of his body.
- 25:14Speaker 1: The autopsy says that the bullet entered through the back
- 25:17Speaker 1: of his upper right arm, then entered the chest under
- 25:20Speaker 1: the armpit, and traveled through the lungs and heart, which
- 25:23Speaker 1: further makes sense when you know that the car was
- 25:25Speaker 1: moving away from him. Picture of the car with the
- 25:28Speaker 1: passenger side pulled up to the curb, Enriquez darting back
- 25:31Speaker 1: into the car, Myer's lunging for him. The car pulls
- 25:35Speaker 1: away and the shot was fired, making that back of
- 25:38Speaker 1: the upper right arm through the chest trajectory possible.
- 25:42Speaker 2: Those ded files that said there were some witnesses that
- 25:44Speaker 2: said the car was already moving when Myers was shot.
- 25:48Speaker 2: Those deed files weren't turned over a trial because it
- 25:51Speaker 2: would have contradicted Guzman's trial testimony and Curry that the
- 25:55Speaker 2: shooting happens when the car is stationary.
- 25:58Speaker 1: The jury never heard how the States narrative was impossible,
- 26:03Speaker 1: nor did they hear from a single alibi witness.
- 26:06Speaker 2: Jerome's girlfriend and mother both said that he was in Trenton.
- 26:08Speaker 2: He has another guy named Figueroa. He was with Figaroa
- 26:12Speaker 2: at like a birthday party at the time in Trenton.
- 26:15Speaker 2: None of those people were called in Jerome's defense a trial.
- 26:17Speaker 2: The defense attorney essentially he relied on his ability to
- 26:21Speaker 2: cross examine Guzman and to basically say, hey, the thirty
- 26:25Speaker 2: eight is not in fact a murder weapon. And of
- 26:28Speaker 2: course Jerome gets convicted.
- 26:29Speaker 1: Which is predictable considering that the jury heard Jerome's false statement,
- 26:33Speaker 1: So he got another twenty five year sentence.
- 26:37Speaker 3: At the moment, I did really comprehend who's going I
- 26:40Speaker 3: couldn't put together the sentence I just heard what I
- 26:42Speaker 3: hear by sentence you to twenty five a life, and
- 26:46Speaker 3: I started adding off for years and which turned the
- 26:49Speaker 3: entire sentence into sixty to life. Sixty to life. Yep.
- 26:55Speaker 3: But at that moment, everything just goes quiet, everything goes numb.
- 26:59Speaker 3: It's everything just going in slow motion. Then you go
- 27:04Speaker 3: up stay. At that age, you go up stay. They
- 27:25Speaker 3: send you all close to Canada, the Client and Correctional facility,
- 27:28Speaker 3: and you know, that's when you feel that, you know
- 27:30Speaker 3: it's over. You know, with all the histories and officers
- 27:34Speaker 3: killing prisoners and prisoners killing prisoners, you know, all the
- 27:39Speaker 3: violence and all the drugs and all everything that just
- 27:41Speaker 3: goes on in places life that it was horrible. You know,
- 27:44Speaker 3: there's no way to prepare for that.
- 27:47Speaker 1: While and during the worst of New York State prisoners,
- 27:49Speaker 1: Jerome began to learn the law, meanwhile receiving denials on
- 27:54Speaker 1: appeal until he filed his federal habeas petition.
- 27:58Speaker 3: They granted me a hearing, they said they he asked
- 28:00Speaker 3: the questions in two of them, where did my defense
- 28:03Speaker 3: council ever make an attempt to contact those witnesses that
- 28:06Speaker 3: described me as being sixty to one? And if he
- 28:10Speaker 3: didn't whether that deficiency affected the trial, so they vacated
- 28:14Speaker 3: that conviction and sent it back to the district court.
- 28:17Speaker 3: And when I got a hearing, I wasn't as prepared.
- 28:20Speaker 3: You know, I wasn't as educated. I really didn't know
- 28:23Speaker 3: the law as much as I know now. So when
- 28:26Speaker 3: I went to the hearing, the magistrate judge, which is
- 28:29Speaker 3: a guy named Andrew Peck, he was very tough and
- 28:32Speaker 3: instead of answering the questions or having the question answered
- 28:35Speaker 3: by the second Circuit, he turned it around and made
- 28:39Speaker 3: it into whether I asked my counsel to call these witnesses.
- 28:44Speaker 3: But I was not the question by the court. They
- 28:46Speaker 3: asked whether his deficient performance in calling these witnesses affected
- 28:51Speaker 3: the trial, and he'd never addressed that. He turned it
- 28:54Speaker 3: around and found a way that to not the motion
- 28:56Speaker 3: based on that. He said, oh, well, you never asked
- 28:59Speaker 3: him to call these witnesses, which I did, by the way,
- 29:03Speaker 3: I testified at the hearing, and I said, yes, I
- 29:05Speaker 3: did ask them multiple times. You know, I was very
- 29:07Speaker 3: interested in hearing from these witnesses that described me as
- 29:10Speaker 3: being six' one and then you, know HERE i am
- 29:13Speaker 3: at five, Seven and he never called Them.
- 29:14Speaker 1: In while these witness descriptions in The meyers case likely
- 29:18Speaker 1: referred To Miguel, enriquez those same witnesses allegedly Identified jerome
- 29:22Speaker 1: while he was, Seated but regardless of how problematic all
- 29:27Speaker 1: of that, is the judge still found a way to
- 29:29Speaker 1: deny the. Claim the next bit of progress came With
- 29:32Speaker 1: justin's involvement in twenty, sixteen when he did What jerome's
- 29:35Speaker 1: trial attorney never, did an actual, investigation starting with alibi
- 29:40Speaker 1: witnesses Like Eduardo.
- 29:42Speaker 3: FIGUEROA i knowed this guy for, years and my mother
- 29:46Speaker 3: had ran into his family his father In, Trenton New,
- 29:49Speaker 3: jersey so his father gave him the. Number he immediately
- 29:52Speaker 3: traveled up here AND i haven't seen this guy in
- 29:54Speaker 3: aboutly twenty five, years and he was shocked to hear
- 29:58Speaker 3: THAT i have been in call made a full crime
- 30:01Speaker 3: to happen when we were together In, Trenton New. Jersey SO.
- 30:04Speaker 2: Figureo it gives an affidavids That jerome was at a
- 30:07Speaker 2: party In trenton at the time of the, homicide And
- 30:10Speaker 2: jerome's mother and girlfriend both say during that week right
- 30:13Speaker 2: that he was down In.
- 30:14Speaker 1: Trenton he also did a reinvestigation of The meyers crime
- 30:18Speaker 1: scene with two forensic, pathologists Doctors Thomas kubick And Cyril,
- 30:21Speaker 1: weck the latter of whom is such a legendary. FIGURE
- 30:25Speaker 1: i mean he actually worked The kennedy assassination and countless
- 30:29Speaker 1: other cases since.
- 30:30Speaker 2: Then Doctor wek has probably been involved with over fifty thousand,
- 30:34Speaker 2: autopsies and he gave the report back in twenty twenty.
- 30:37Speaker 2: Two and Doctor kuick basically says the same thing as Doctor.
- 30:40Speaker 2: Wex so we have two experts that basically say That
- 30:43Speaker 2: guzman's trial testimony And enriquez's statement are physically.
- 30:49Speaker 1: Impossible everything we've been saying about how the ballistics contradict
- 30:52Speaker 1: the state's evidence comes from. Them and as we've already,
- 30:55Speaker 1: Mentioned justin also got an affidavid From Miguel enriquez saying
- 30:59Speaker 1: That jerome was never involved in any. Way, so As
- 31:02Speaker 1: justin has, said his initial focus is The meyers, case
- 31:05Speaker 1: which he has now fully. Dismantled the only way this
- 31:08Speaker 1: could be better would be If guzman reappeared from The
- 31:12Speaker 1: Dominican republic to corroborate everything we already know well enough
- 31:16Speaker 1: even without. Him and then there's the state star witness
- 31:18Speaker 1: from the first trial none other Than Reggie.
- 31:20Speaker 3: FRASER i found on a foil request in recent. YEARS
- 31:24Speaker 3: i think it was in twenty seventeen or, eighteen with
- 31:27Speaker 3: the help of a friend of, Mine this, Guy Reginald,
- 31:29Speaker 3: fraser gave two different, descriptions but that was never turned.
- 31:32Speaker 3: OVER i just recently found that.
- 31:34Speaker 1: Out and this is When jerome finally knew what we've
- 31:36Speaker 1: been saying About fraser's credibility. Issues, then once, again contrary
- 31:41Speaker 1: To fraser's, testimony the ballistics In long's case proved that
- 31:45Speaker 1: the shooter must have been on the sidewalk and not
- 31:47Speaker 1: in a passing White. Sedan and the backdrop For fraser's
- 31:52Speaker 1: participation in both trials is the police ignoring his drug
- 31:55Speaker 1: trafficking while giving him a sweetheart deal for his rape.
- 31:59Speaker 1: Charge while we still don't have definitive proof That jerome
- 32:03Speaker 1: didn't Shoot fraser in the ass On july, fifteenth nineteen ninety,
- 32:06Speaker 1: six we do have the word of a thirty eight
- 32:09Speaker 1: year old man who impregnated a thirteen year old. Child in,
- 32:13Speaker 1: Addition jerome has said in writing that he's ready and
- 32:16Speaker 1: willing to submit TO dna testing to exclude himself from
- 32:20Speaker 1: the thirty Eight while that weapon is excluded from The meyers.
- 32:24Speaker 1: Case it's just one more corroboration that he was not
- 32:27Speaker 1: involved in the other two incidents in which the police
- 32:30Speaker 1: say that gun was. Involved so Hopefully justin's going to
- 32:34Speaker 1: be able to obtain that testing as well as additional
- 32:37Speaker 1: info further Discrediting. Fraser in the, meantime they're awaiting the
- 32:42Speaker 1: decision on the four to forty motion in The meyers.
- 32:45Speaker 2: Case and WHAT i believe is you'll have to take
- 32:49Speaker 2: one piece at a time. Here and what we know
- 32:52Speaker 2: is one of his, convictions at the very least is,
- 32:55Speaker 2: wrong and it's the most serious, conviction and it shows
- 32:59Speaker 2: this conviction and shows it is a testament that the
- 33:03Speaker 2: other convictions that he has are at the very least
- 33:07Speaker 2: highly highly, problematic and that they just went all out didn't.
- 33:13Speaker 2: Care they used coercive, tactics they manufactured, evidence they just didn't.
- 33:18Speaker 2: Care SO i don't want to move on anything Until i'm.
- 33:22Speaker 2: Sure and WHAT i am very very certain about is
- 33:25Speaker 2: That Jerome curry did not Kill Reginald, myers and he
- 33:28Speaker 2: was not there When Reginald myers was. Killed and we
- 33:31Speaker 2: have a person that's in the, Car Miguel enriquez is
- 33:34Speaker 2: now saying That Jerome curry wasn't even in the. Car
- 33:37Speaker 2: it wasn't, there wasn't president at. All and he's admitting
- 33:40Speaker 2: THAT i was, THERE i took the. Bag he's admitting
- 33:43Speaker 2: his involvement in the. Murder he's admitting, it and he's
- 33:46Speaker 2: Saying curry had nothing to do with. It and we have.
- 33:49Speaker 2: Alibis and the QUESTION i have is is what part
- 33:52Speaker 2: of this case isn't isn't covered by the evidence that
- 33:55Speaker 2: we put in that. Motion why aren't we working with
- 33:58Speaker 2: the prosecutor's office when they discover that you have a
- 34:01Speaker 2: detective that has a, Pattern we've begun to establish a.
- 34:04Speaker 2: Pattern THE fbi says a serial killer is defined by
- 34:09Speaker 2: what two or more. MURDERS i think it is that's the. Definition.
- 34:12Speaker 2: Here we know That deleone beat at least one person
- 34:15Speaker 2: found guilty of that internally from THE, nypd and that
- 34:19Speaker 2: The New York County District attorney's office has made allegations
- 34:24Speaker 2: that he fabricated and manufactured evidence in another case that
- 34:28Speaker 2: led to an exoneration of All i'm. In shouldn't we
- 34:30Speaker 2: now begin to look at EVERYTHING Ba deleone. Does BUT
- 34:33Speaker 2: i could tell YOU i spoke to him About jerome's,
- 34:35Speaker 2: case and he still believes that that thirty eight was
- 34:38Speaker 2: the murder. Weapon it's in his. Notes it's in his.
- 34:41Speaker 2: Notes he still believes. That and he told me techniques
- 34:44Speaker 2: that he used to get people to identify people in
- 34:47Speaker 2: photo rays and lineups and things like. That, basically in six,
- 34:52Speaker 2: packs he would put people in two and, five and
- 34:55Speaker 2: in lineups he would push people into three and four
- 34:58Speaker 2: because people go to the middle the lineup, first and
- 35:01Speaker 2: that increased the chance of identification. Exponentially and then he
- 35:06Speaker 2: had techniques about. Confessions, Obviously jerome knows about the confessions
- 35:10Speaker 2: better THAN i. DO i don't THINK i was WITH
- 35:12Speaker 2: ba for over forty hours.
- 35:14Speaker 1: STRAIGHT i sincerely hope that The manhattan DA's office takes
- 35:17Speaker 1: a hard look at this. Case you've got two incidents
- 35:20Speaker 1: in which the ballistics Cleared Jerome curry and expose the
- 35:22Speaker 1: false testimony of the victim from another incident who appears
- 35:26Speaker 1: to have had plenty to gain from. Cooperating so now with,
- 35:29Speaker 1: that let's go to closing. Arguments i'm been the first
- 35:33Speaker 1: thank you guys for being here and sharing this incredibly important.
- 35:38Speaker 1: Story so with, That i'm going to turn off my
- 35:42Speaker 1: microphone and kick back in my chair and just listen
- 35:45Speaker 1: to anything else you have to. Say justin let's start
- 35:48Speaker 1: with you and then hand it off To jerome and
- 35:51Speaker 1: he'll take us off into the.
- 35:52Speaker 2: Sunset once you see one of these tainted investigations where
- 35:57Speaker 2: the cops don't, care you then have to look at
- 36:00Speaker 2: the other. Ones the DA's office even has more information
- 36:04Speaker 2: on lpdo De. Leone i'm still fighting for the rest
- 36:07Speaker 2: of the information about his, involvement and his involvement is
- 36:11Speaker 2: only in The meyers, case but the other detectives that
- 36:16Speaker 2: were involved in the other two cases were feeding off of.
- 36:19Speaker 2: Him they were obligated even twenty eight years ago to
- 36:23Speaker 2: turn over the fact THAT ba had abused another. Witness,
- 36:27Speaker 2: okay they were obligated when they Exonerated Jabbar walker to
- 36:31Speaker 2: turn over their findings In november of twenty twenty, three
- 36:34Speaker 2: where lpdo De leone was the lead. Investigator and here
- 36:39Speaker 2: every single piece of evidence Against Jerome curry was tainted
- 36:43Speaker 2: by confirmation, bias contextual bias by police officers that thought
- 36:48Speaker 2: that their intuition took them to the right, person by
- 36:51Speaker 2: witnesses that were willing to say whatever they had to
- 36:55Speaker 2: say to get out of. Jail AND i know that's
- 36:57Speaker 2: a common, theme but here we can prove that physical
- 36:59Speaker 2: eviden and, said we can, prove we can prove that
- 37:01Speaker 2: your Own curry was, held even by the NYPD's own,
- 37:05Speaker 2: admission for well over a, day over thirty, hours by
- 37:09Speaker 2: the NYPD's own, admission they kept him and interrogate him
- 37:13Speaker 2: over and over and over again until they got the
- 37:15Speaker 2: information out of him that they, wanted not, true factual,
- 37:19Speaker 2: information not information that was corroborated by the physical. Evidence
- 37:23Speaker 2: and that's WHAT i want people to. Understand the police's
- 37:26Speaker 2: own techniques saying that the physical evidence should match the
- 37:30Speaker 2: statement of the person that's. Confessing we don't have any
- 37:33Speaker 2: of that. Here there's not one piece of evidence that's
- 37:35Speaker 2: used to convict your Own, curvey The Reginald myer's case that's,
- 37:38Speaker 2: reliable not.
- 37:39Speaker 3: ONE i want to address your, listeners those that are
- 37:43Speaker 3: familiar with the criminal justice, system as well as those
- 37:46Speaker 3: that are, not you, know as well as The Manhattan
- 37:49Speaker 3: District attorney's office and even the judge you, know who's
- 37:52Speaker 3: Passion i'm seeking and improving my innocent in this case
- 37:55Speaker 3: that is before her, president you, know in her office right.
- 37:58Speaker 3: Now as far AS i, know no one is above
- 38:01Speaker 3: the law in this, country and the cornerstone of our
- 38:04Speaker 3: constitutional law stays a normal one is above the. Law
- 38:07Speaker 3: and this includes members of The District attorney's office In
- 38:10Speaker 3: manhattan as well as law. Enforcement now people may not know,
- 38:13Speaker 3: this but in emotion such as the one that my
- 38:16Speaker 3: attorney put together and submitted to the core that is
- 38:19Speaker 3: for requesting a new trial based on newly discover, evidence
- 38:22Speaker 3: it's the judge has a duty or is required conduct
- 38:26Speaker 3: a careful and dispassionate examination of the facts has presented
- 38:31Speaker 3: in the papers that we, submitted and most, importantly the
- 38:34Speaker 3: application of the law to those, facts which is what
- 38:37Speaker 3: we have been. Requested we are requested that the law
- 38:40Speaker 3: is applied to the facts that we have presented and
- 38:43Speaker 3: all our. Submissions that's, it you, KNOW i want emphasized
- 38:47Speaker 3: that from the, outset from the inception of my criminal
- 38:50Speaker 3: prosecutions have always claimed my innocence and as it is
- 38:53Speaker 3: demonstrated the reinvestigation of my case as well as the
- 38:57Speaker 3: large amount of compelling newly discover everye this that it
- 39:00Speaker 3: is attached to the four to forty motion that is
- 39:02Speaker 3: pending right now In New york kind Of Supreme. Court
- 39:05Speaker 3: my role for conviction was the result of sufficient representation
- 39:09Speaker 3: by my trial, attorney by the suppression of a squad
- 39:12Speaker 3: that told. Me ever it is by The Mahaman District attorney's,
- 39:14Speaker 3: office AND i think also very importantly by the outrageous
- 39:19Speaker 3: misconda and corrupt investigative techniques Of Detective opedia The. Lyon
- 39:23Speaker 3: Detective lyon has an expensive career history of engaging in
- 39:27Speaker 3: action misconda and using corrupt investigative practices against criminal defenders
- 39:33Speaker 3: and suspense for approximately twenty eight. YEARS i have been
- 39:36Speaker 3: claiming that it's very sane actions wisconda were used against
- 39:40Speaker 3: me By Detective. Apitia The lyon forced me to make
- 39:43Speaker 3: a terminating confection against myself and the crime THAT i
- 39:46Speaker 3: did not. Commit just Like Yabaul, WALKER i am also
- 39:49Speaker 3: one hundred percent, innocent And i'm just requested for justice
- 39:52Speaker 3: to be delivered in my favor and for the application
- 39:55Speaker 3: of the law through the facts of my case to be.
- 39:57Speaker 3: Implemented you, Know i'm. INNOCENT i just want my day in,
- 40:00Speaker 3: court AND i want to be able to prove my
- 40:02Speaker 3: innocence AND i would like to be exonerated from his.
- 40:06Speaker 1: Crime thank you for listening To Wrongful. Conviction you can
- 40:14Speaker 1: listen to this and all The lava For good podcasts
- 40:16Speaker 1: one week early by subscribing To lava For Good plus
- 40:19Speaker 1: On Apple. PODCASTS i want to thank our production, Team
- 40:22Speaker 1: Connor hall And Kathleen, fink as well as my fellow
- 40:25Speaker 1: executive Producers Jeff, Kempler Kevin, wartis And Jeff. Cliburn the
- 40:29Speaker 1: music in this production was supplied by three TIME oscar
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- 40:38Speaker 1: Conviction you can also follow me On instagram At It's Jason.
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- 40:47Speaker 4: One, hello my name Is Jose fernandez and The Wrongful
- 41:01Speaker 4: conviction podcast just opened my eyes to the world of
- 41:05Speaker 4: wrongful convictions and the innocent movements and just how often
- 41:09Speaker 4: this happens to everyday. People BUT i would say this
- 41:13Speaker 4: podcast did influence me to pursue my legal. Career now
- 41:17Speaker 4: going to my second year Of Loyola Law school And
- 41:19Speaker 4: i'm going to be a part of Their Loyola project
- 41:21Speaker 4: for The innocent this upcoming, semester So i'm really excited for,
- 41:25Speaker 4: that AND i owe it all to The Wrongful Conviction
- 41:27Speaker 4: podcast for really leading me that way and inspire me
- 41:30Speaker 4: to do the work THAT i hear so many of
- 41:32Speaker 4: these insurting to. Do thank, you and keep up with
- 41:34Speaker 4: the great, work keep pumping out those, stories AND i
- 41:37Speaker 4: can't wait to join the. Movement