Wrongful Conviction With Jason Flom

Malcolm Alexander was wrongfully convicted for a 1979 rape in Gretna, LA and spent nearly four decades incarcerated before DNA evidence proved his innocence. In February 1980, police arrested 20-year-old Malcolm Alexander after a white woman accused him of sexually assaulting her. Malcolm, who is black, told police that the sex occurred after he gave the woman money and that it was consensual. This encounter, which was uncorroborated and later dropped, prompted police to place Malcolm’s photo in an array that was shown to the 1979 rape victim over four months after she was attacked at gunpoint by a complete stranger. The assailant was behind the victim for the entirety of the crime, and her opportunity to view him was extremely limited. According to police reports, the victim “tentatively” selected Malcolm Alexander’s photo. Yet, police conducted a physical line-up three days later that included Malcolm, who was the only person from the photo array who was shown again to the victim in the physical line-up. Ag

In July 1984, an assailant broke into Jennifer Thompson-Cannino’s apartment and sexually assaulted her; later that night, the assailant broke into another apartment and sexually assaulted a second woman. Jennifer Thompson-Cannino, then a 22-year-old college student, made every effort to study the perpetrator’s face while he was assaulting her. Ms. Thompson-Cannino first chose Ronald Cotton as her attacker in a photo lineup. Soon after, she chose him again in a live lineup – she was 100% sure she had the right man. In January 1985, Ronald Cotton was convicted by a jury of one count of rape and one count of burglary. In a second trial, in November 1987, Ronald was convicted of both rapes and two counts of burglary. He was sentenced to life in prison plus fifty-four years. Ronald was unsuccessful overturning his conviction in several appeals, but in the spring of 1995, his case was given a major break: the Burlington Police Department turned over all evidence, which included the assailant’s semen for DNA testing

From the moment he was charged with rape and robbery in 1989, Leroy Harris has insisted on his innocence. In May 1983, a New Haven, CT nightclub owner was robbed at gunpoint by three young men late one night. The men stole his car, and later that evening robbed and sexually assaulted two women. Leroy became one of the numerous suspects because he was misidentified. He was tried in April 1989, six years after the crimes were committed. Despite the fact that not a single eyewitness identified Leroy as being involved in the crimes prior to the trial, all four witnesses—the two assault victims, nightclub owner, and nightclub owner’s girlfriend—positively identified Leroy for the first time in court. He was convicted of three counts of robbery and one count of sexual assault in the first degree and sentenced to 80 years in prison. Even after his conviction, he fought the verdict through five appeals. Leroy finally got the Innocence Project of New York working on his case in 2012. The Innocence Project had the Conn

Jimmie C. Gardner was a Charleston minor league baseball player when he was accused of sexual assault in 1987. He grew up in Tampa, FL and was drafted by the Chicago Cubs just after high school graduation, playing with them in the minor leagues for four seasons. In 1990, while working towards his business degree, Jimmie Gardner was arrested and charged with robbing and raping a woman and physically assaulting her and her mother at a home in Kanawha City. Despite always maintaining his innocence, Jimmie was put on trial and prosecutors used West Virginia State Trooper and Chief Serologist Fred Zain as the expert witness. Zain knowingly presented false testimony which resulted in Jimmie’s guilty verdict, and he was convicted of two separate counts of robbery and sexual assault as well as burglary and assault-during-the-commission-of-a-felony and sentenced to 110 years in prison. Jimmie Gardner's case is one of over 140 cases from the late 1970’s through the 1980’s in which the state of West Virginia relied on f

In December 1999, the body of an unidentified young woman was found beaten to death in a forest preserve near North Chicago in Lake County, IL. Ten days after the body was discovered, Jeremy Tweedy, Jason Johnson and Jason Strong were brought in for questioning after Tweedy mentioned the woman's death to an undercover police officer posing as a prostitute. Police charged 24-year-old Jason Strong with first-degree murder and concealing a homicide and charged Tweedy and Johnson with concealing a homicide. Officers furnished a narrative about the circumstances of the victim's death to the two purported "witnesses," Tweedy and Johnson, both of whom agreed to testify against Jason Strong in exchange for lesser prison sentences. Eventually all three men falsely confessed to beating the victim using information provided by the police, and all three later recanted their confessions. In July 2000, Tweedy pled guilty to obstruction of justice and was sentenced to two years in prison, and in September, Johnson pled guil

David McCallum and Willie Stuckey were both 16 when they were convicted of forcing a 20-year-old man into his Buick Regal at gunpoint in Queens, killing him with a single gunshot to the head, then leaving his body in Bushwick, Brooklyn. After being beaten by police and coerced into confessing, David McCallum and Willie Stuckey gave brief and contradictory confessions, each pinning the homicide on the other. They both recanted the confessions almost immediately and rejected offers to plead guilty in return for prison sentences of 15 years to life. On October 27th, 1986, a jury convicted them both of second-degree murder, first-degree kidnapping, first-degree robbery and criminal use of a weapon, and they were each sentenced to 25 years to life in prison. Stuckey died of a heart attack behind bars 16 years into his sentence in 2001, but David McCallum persevered in trying to clear his name. After exhausting all of his appeals, David’s attorney, Oscar Michelen approached Brooklyn District Attorney’s Conviction R

In 1998, Vanessa Gathers was wrongfully convicted of robbing and beating 71-year-old Michael Shaw to death. There was no physical evidence linking Vanessa to the crime, and her conviction was based on a false confession extracted from her by notorious New York police detective Louis Scarcella, whose tactics led to the wrongful convictions of more than a dozen people. In 2016, Vanessa Gathers became the first woman to have been exonerated by Ken Thompson's Conviction Review Unit and the tenth person convicted by Scarcella to be exonerated. She is joined by her attorney Lisa Cahill in this episode. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener for privacy information.

Ronald Simpson-Bey was a jailhouse lawyer who got his conviction reversed for prosecutorial misconduct and subsequently won his freedom after serving 27 years in Michigan prison. In 1986, Ronald was convicted of assault with intent to murder and possession of a firearm and sentenced to 50 years in prison. While in prison he became familiar with the legal system and began assisting other inmates with their appeals as a jailhouse lawyer. Eventually, his work led to his own release twenty-seven years later. Since being freed, Ronald Simpson-Bey has worked tirelessly to advance prison reform efforts, most recently through JustLeadershipUSA, an organization with the ambitious goal to halve the nation’s correctional population by 2030. In this episode, he is joined by Glenn Martin, former President and Founder of JustLeadershipUSA. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener fo

On September 12th, 1994, 17-year-old Michelle Murphy found her 15-week-old son stabbed to death in her kitchen. After being questioned without a parent or guardian present, which was prohibited under Oklahoma law, Michelle falsely confessed to the crime. Her 14-year-old neighbor William Lee testified during the preliminary hearing that he had walked around her house that evening and reportedly saw Michelle with the dead infant but did not report it to the police. Testing of blood at the scene of the crime excluded Michelle Murphy as a suspect, but at trial prosecution falsely implied that it matched Michelle’s blood type. In 1995, she was convicted of murder and sentenced to life in prison without parole. She was forced to give her only living child up for adoption, daughter Michelle. In 2014, the Innocence Project joined Michelle’s defense team and conducted more DNA testing, yielding results that the bloodstains at the crime scene revealed that there was an unidentified male present that night. On September

Noura Jackson was egregiously framed and wrongfully convicted of murdering her mother, Jennifer Jackson, in Memphis, TN in 2005. Amazingly she spent over three years in jail awaiting trial before being sentenced to 20 years and nine months in prison. No physical evidence linked Noura to the murder, and DNA testing not only excluded her as a suspect, but it also suggested that two or three different people were present at the crime scene. The Supreme Court of Tennessee overturned her conviction, unanimously in 2014, and in their 5-0 decision they made strong statements about the misconduct that took place during her trial. The prosecutors threatened to retry Noura, and she was faced with little choice but to accept an Alford Plea in 2015. Noura Jackson was then sent back to prison for 15 months before she was finally released in 2016, after serving 11 years in prison. She is joined by one of her lawyers, Bryce Benjet, Senior Staff Attorney at the Innocence Project, in this episode. https://www.wrongfulconvicti

In 1990, Jeffrey Deskovic was wrongfully convicted of the brutal rape and murder of his 15-year-old classmate, Angela Correa. Jeff was only 16 at the time of the crime with no prior record. Police claimed that Jeff was overly upset at the victim’s funeral and were certain they had their man. They interrogated him for over seven and a half hours, without his mother or legal counsel present. After browbeating and intimidating him, they ultimately extracted a false confession after promising that he could go home after he confessed. He had also been told that if his DNA did not match the semen in the rape kit, he would be cleared as a suspect. In January 1991, Jeffrey Deskovic was convicted of 1st degree rape and 2nd degree murder, despite DNA results showing that he was not the source of semen in the victim’s rape kit, and he was sentenced to 15 years to life in prison. In 2006, post-conviction DNA testing done by the Innocence Project both proved Jeff’s innocence and identified the real perpetrator, convicted

Dusty Turner was a 20-year-old Navy SEAL trainee when he was arrested for the murder and abduction of Jennifer Evans. On June 19th, 1995, Dusty Turner was out at a bar with some friends in Virginia Beach, VA, including his roommate and training partner, Billy Brown. Dusty Turner and Jennifer Evans were sitting in his car waiting for Evans’s friends to join them when an extremely intoxicated Billy Brown forced his way into the back seat and began insulting Evans and pulling her hair. When she tried to defend herself, Brown suddenly attacked her, wrapped his arms around her neck in a forceful choke hold, and killed her instantly. All the while Dusty Turner had been prying and clawing Brown’s hand off of Evans, pleading with him to stop. Finally realizing that she was dead, Dusty panicked and reacted to his intensive SEAL training that demanded “always protect your swim buddy” regardless of the cost. Dusty’s instinct for survival and misplaced loyalty to Brown took over as he drove out of the parking lot and hel

In 1998, Kian Khatibi was 22 years old and living in Westchester County, NY when he was wrongfully convicted of stabbing two men during a bar fight and sentenced to 7 to 14 years in prison. After eventually discovering that his brother had committed the crime, Kian successfully fought for his release from prison in 2008 and was finally exonerated in 2012. Kian Khatibi graduated with honors from New York University in 2011 and passed the bar exam in New York after graduating from Cardozo School of Law in 2014. He established a law practice in New York City and is currently working to free other wrongfully convicted individuals. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener for privacy information.

This special edition of Wrongful Conviction highlights the updates from two episodes recorded from Behind Bars. Since airing the Season 4 premiere about Lamonte McIntyre’s case, which was recorded while Lamonte was awaiting a new trial, he was finally freed on Friday, October 13th, 2017 after serving more than two decades behind bars in a Kansas correctional facility for a double murder. Season 2, Episode 5 featured a behind bars interview with Jon-Adrian Velazquez. “J.J.” was convicted of second-degree murder and sentenced to 25 years to life for the 1998 shooting death of Albert Ward, a retired police officer who owned and operated an illegal gambling spot in Harlem. Ward was shot and killed in the course of a robbery. Following the robbery, witnesses provided a description of the gunman as “a light-skinned black male with dreadlocks,” which prompted the search for “Mustafa,” a known drug dealer who fit the description. After learning that he was being sought by the police, J.J. attempted to vindicate himse

Ryan Ferguson was a 17-year-old high school student when Kent Heitholt, a sportswriter for the Columbia Daily Tribune, was found beaten and strangled in Missouri. Heitholt's murder went unsolved for two years until police received a tip that a man named Charles Erickson could not remember the evening of the murder and had told a friend that he thought he may have been involved. Erickson, who had spent that fateful evening partying with Ryan Ferguson, was interrogated by police and despite initially seeming to have no memory of the night of the murder, eventually confessed and implicated Ryan as well. Police offered Erickson a plea deal in exchange for testimony against Ryan at his trial in 2005. Despite the lack of any physical evidence tying Ryan Ferguson to the crime, he was convicted of second-degree murder and robbery and sentenced to 40 years in prison. In 2009, Kathleen Zellner took over Ryan’s case on a pro bono basis, and in 2013 his conviction was vacated. Since his release, Ryan Ferguson has become

Lorenzo Johnson served 22 years of a life sentence after he was framed twice for a murder that happened in Pennsylvania while he was in New York. On December 15th, 1995, Tarajay Williams was murdered outside of a bar in Harrisburg, PA. For several months after the murder, police detectives threatened Lorenzo with a murder charge unless he falsely accused a friend of committing the murder and dealing drugs. When he refused, Lorenzo and his co-defendant Corey Walker were convicted of first-degree murder and criminal conspiracy to commit murder and were sentenced to mandatory life in prison on the murder conviction, and concurrent five to ten years on conspiracy conviction. Lorenzo won his freedom in an October 2011 federal court of appeals decision stating that his conviction was based on insufficient evidence and he was released on bond in 2012. However just four months later, the U.S. Supreme Court reversed and reinstated his murder conviction and Lorenzo Johnson voluntarily surrendered himself and was re-inc

Lucinda Hites-Clabaugh was 53 years old when she was wrongfully convicted of first-degree sexual abuse of a third grader in 2009. She was convicted despite no physical evidence, no witnesses, and a police officer’s admitted failures to follow investigative protocols. Lucinda spent over two years in prison until her conviction was overturned on July 18, 2012. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener for privacy information.

On the afternoon of April 15th, 1994, two men were sitting in a powder-blue Cadillac in the Quindaro neighborhood of Kansas City, KS. A man dressed in black ran up to the passenger side, raised a shotgun and fired four rounds in what looked like a drug-related hit, killing the two passengers Doniel Quinn and Donald Ewing. Lamonte McIntyre, who was 17 at the time, was arrested and charged with two counts of first-degree murder. The prosecution relied primarily on the testimonies of two eyewitnesses who identified Lamonte as the shooter. Both eyewitnesses later recanted. Even though there was no physical evidence linking him to the crime, he was found guilty by a jury and sentenced to two consecutive life terms.  https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal Co. No1.See omnystudio.com/listener for privacy information.

This special edition of Wrongful Conviction Behind Bars was recorded inside of Wende Correctional Facility, a maximum-security prison in Buffalo, NY with Anthony DiPippo’s co-defendant, Andrew Krivak, and his attorney Professor Adele Bernhard. On November 22nd, 1995, a hunter found the remains of 12-year-old Josette Wright in a wooded area of Putnam County, NY with her hands and feet hog-tied behind her back and her underwear shoved down her throat. Detectives investigating the murder arrested 16-year-old Dominic Neglia on unrelated drug charges. During questioning, detectives claimed that Neglia said 18-year-old Anthony DiPippo, his girlfriend at the time Denise Rose, Andrew Krivak, Adam Wilson, Bill McGregor were involved in the rape and murder of Wright. Although co-defendants, they were convicted in separate trials in Putnam County Supreme Court in 1997, based largely on the testimony of Wilson, McGregor and Rose, and sentenced each to 25 years to life in prison. While Anthony DiPippo denied any involveme

Curtis Haith was beaten to death and shot outside of his home in western Pennsylvania. Police determined that the evening before Haith had attended a party in Uniontown, PA. Crystal Weimer, whose sisters hosted the party, and her cousin had driven Haith home and returned directly to the party. Crystal became the focus of the investigation after an ex-boyfriend told authorities she confessed. The charges were dropped when he recanted, but police re-filed the charges in 2004 with the use of statements given by Joseph Stenger, who pleaded guilty to conspiracy of homicide of Haith while he was serving time for unrelated robbery charges. Stenger testified that Crystal had an earlier physical altercation with Haith, and she enlisted Stenger and two unidentified black men to return to Haith’s house after where she lured him outside, and they beat him to death and shot him in the face. At her trial in 2006, the only physical evidence that directly tied Crystal to the crime scene was an alleged bite mark on the victim