Wrongful Conviction With Jason Flom

Brian Ferguson was a 20-year-old college student in West Virginia when he was accused in 2002 of fatally shooting a fellow classmate. Brian was convicted of first-degree murder and sentenced to life without parole, and he remained in prison until a committed team of pro bono lawyers won his release and exoneration for the crime in 2013. After his release, Brian returned to Washington, D.C. and soon discovered a gap in services for people reentering society after incarceration. In response to these challenges, he developed Start Line, which he describes as a kind of Yelp for returning citizens. Brian Ferguson enrolled at Georgetown University after meeting government professor Marc Howard, who launched the university’s Prisons and Justice Initiative, which addresses pressing policy and moral issues surrounding prison reform and mass incarceration through programs and events. Professor Howard joins Brian in this episode. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a producti

In 1994, Angel Gonzalez was wrongfully convicted and sentenced to 40 years in prison for the rape and kidnapping of a woman in Waukegan, IL. On the night of the crime, Angel had been visiting his fiancé’s sister, who lived in the same apartment building as the victim. The victim’s boyfriend saw Angel leaving the parking lot that night, and she misidentified his car as the car that the assailants had been driving earlier in the evening. The police pulled Angel over and brought him in handcuffs to the victim, who was in the backseat of the squad car. From still inside the dark car, the victim identified Angel as one of her attackers, even though he didn’t match her original description of either perpetrator. Angel Gonzalez is Mexican and had only been in the United States for a little more than a year at the time, and he spoke very limited English. During the interrogation process, he wrote a statement in Spanish, which was then translated and read in English by Detective Lou Marquez. These two statements were

In 1981, a woman was brutally beaten, raped, robbed, and forced into the trunk of her car on the roof of a parking garage in Chicago. Two employees recognized her car as it was leaving the garage and attempted to stop the assailant from driving away, but the perpetrator escaped on foot, leaving the victim locked in the trunk. Based only on a composite drawing and description of the assailant, both of which were created based on the memory of the parking garage employees, a Chicago Police Department officer accused Jerry Miller of the crime, claiming that he had seen Jerry looking in a parked car’s window some days prior. The two garage employees both identified Jerry in a lineup, but the victim said that she couldn’t positively identify her assailant because he had threatened to kill her if she didn’t keep her eyes closed. Jerry and his father both testified that they were watching a pay-per-view boxing match at the time of the crime, but despite his alibi and the total lack of physical evidence connecting hi

In the spring of 1992, Robert Jones was arrested for a series of attacks that occurred in the French Quarter of New Orleans, which included the murder of a British tourist, the kidnapping and rape of a woman, and the robbery of her fiancé and friend. He was arrested because the rape victim identified his photo, and she and her fiancé identified him in a lineup. Robert had been attending his son’s birthday party at the time of the rape, and the other victims of the crime spree had declined to identify him as their assailant, but despite his alibi and the lack of evidence linking him to any of the other crimes, he was charged with the rape and a role in the murder. Lester Jones (no relation) was later arrested and charged for the crime spree after police found him in possession of the gun used in the murder, stolen property from the other crimes, and the car used in all of the crimes. Robert, however, remained in jail after Lester’s arrest. At trial, the prosecutor argued that Robert and Lester were friends, wi

In 1993, Jerome Morgan was only 17 when he was wrongfully convicted for the murder of Clarence Landry III, who had been shot to death at a sweet 16 party at the Howard Johnson Hotel in New Orleans. Jerome was in the ballroom when the police arrived. Despite clear evidence that he could not have been the gunman, he was prosecuted based upon the coerced testimony of two teenage witnesses, one of whom had previously told the police it was definitely not Jerome Morgan. Innocence Project New Orleans (IPNO) investigated Jerome’s case for years, uncovering clear evidence in the police files that it was impossible for Jerome to have been the perpetrator. IPNO presented this evidence in court over a period of several years and got Jerome Morgan’s conviction thrown out because, as every judge agreed, the State should have turned over the exculpatory evidence to Jerome’s trial lawyer. Jerome Morgan was released from prison in 2014 and exonerated on May 27th, 2016. In this episode, he is joined by one of his attorneys at

Daniel Tapia was arrested on April 12th, 2003 for second-degree murder in the Calliope housing projects in New Orleans where he lived. He was accused of being the getaway driver and master mind in this murder. The only witness was a police officer who made conflicting statements and even was recorded stating that he was in pursuit of three black males who committed this crime. Despite being Caucasian, Daniel was arrested less than 10 minutes after the shooting occurred, along with three black males. He was wrongfully convicted of second-degree murder and sentenced to life without the possibility of parole in 2005. Prior to his transfer to a state correctional facility, he barely survived Hurricane Katrina and the subsequent flooding while he was locked up in Orleans Parish Prison. His conviction was overturned by a judge, reinstated by the higher court, and eventually overturned for good. Daniel Tapia was released in 2017 after serving 12 years and is now the Lead Mentor at Rising Foundation—an organization w

In November 1995, a hunter found the remains of 12-year-old Josette Wright in a wooded area of Putnam County, NY. She was reported to have been hog-tied with her hands and feet tied together behind her back, and her underwear had been shoved down her throat. Dominic Neglia, who was being investigated for drug charges, claimed that 18-year-old Anthony DiPippo and his friends were responsible for the rape and murder of Wright. Three of the accused teenagers testified against Anthony and Andrew Krivak, claiming that they were in Anthony’s van when he and Krivak raped and strangled the victim. Anthony denied his involvement with the crime, but in 1997 he was convicted and sentenced to 25 years to life in prison. In 2011, Anthony was ordered a new trial after it was discovered that his lawyer had also previously represented Howard Gombert, who a witness had reported seeing the victim get into a car driven by Gombert on the day she was last seen. Several other women came forward saying that they had also been sexua

Antione Day was starting his career as a musician when he was convicted of first-degree murder in 1992 and sentenced to 60 years. After serving a decade in prison, Antione’s conviction was overturned with the help of his attorney, Howard Joseph. Today, Antione is the Outreach Coordinator of Prison Reentry at the Howard Area Employment Resource Center. In this position, Antione mentors at-risk teens and parolees, implements job training and placement programs and runs neighborhood stabilization and anti-violence programs. He co-founded the Life After Justice organization with Jarrett Adams, another exoneree, to help provide new exonerees with a place to live and a variety of services to help them successfully re-enter society, such as job training, computer skills, finance classes, mentoring, and more. In this episode, Antione Day is joined by Laura Caldwell, a former civil trial attorney who is now the director of Life After Innocence as well as a published author of 14 novels and one nonfiction book, Anatomy

Johnny Hincapie was convicted as part of a gang that murdered 22-year-old tourist Brian Watkins, even though he himself was not charged with the act and neither the victim’s family nor the other attackers identified him as a perpetrator. In 1990, Brian Watkins and his family were attacked on a New York City subway platform by a group of 6 to 8 teenagers when they were in town for the U.S. Open, resulting in the death of Watkins as he tried to defend his parents. Johnny was only 18 years old at the time, and he did not have a lawyer present during his interrogation. He falsely confessed to the crime, after being tortured by police who threatened to kill him. After spending 25 years in prison, Johnny’s conviction was overturned based on the statements of several witnesses who testified that he was in fact not a part of the group of attackers. He was formally exonerated in January 2017. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in ass

This special edition of Wrongful Conviction was recorded at the 2017 Innocence Network Conference in San Diego, CA, where 170 exonerees and 750 members of the innocence movement gathered to honor newly freed people and learn about the latest developments in freeing the wrongfully convicted. Part Two features interviews with Kristine Bunch and Obie Anthony. Kristine Bunch was 22 years old and pregnant when she was charged with setting a fire that claimed the life of her three-year-old son, Anthony, on June 30, 1995, in a trailer home they shared in Decatur County, IN. She was sentenced to concurrent prison terms of 60 years for murder and 50 years for arson and languished behind bars for more than 17 years until her exoneration in 2012. Obie Anthony was 19 years old when he was convicted of murder and sentenced to life in prison in 1995. There was no physical evidence connecting him to the murder, and prosecutors relied on the testimony of John Jones, a convicted killer and pimp who ran a house of prostitution

This special edition of Wrongful Conviction was recorded at the 2017 Innocence Network Conference in San Diego, CA, where 170 exonerees and 750 members of the innocence movement gathered to honor newly freed people and learn about the latest developments in freeing the wrongfully convicted. Part One features interviews with Innocence Project Executive Director Maddy DeLone and exonerees Floyd Bledsoe and Cornelius Dupree. Floyd Bledsoe was exonerated in 2015 after 15 years in prison for a murder his brother committed. Since his release, Floyd has been a fierce advocate for mandatory recording of interrogations among other reforms in Kansas. Cornelius Dupree was exonerated in 2011, after spending more than 30 years in prison for a rape and robbery he didn’t commit. Cornelius serves as the ambassador to all of the new exonerees at the Innocence Network Conferences. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™ Podcasts in association with Signal

In 1995, 20-year-old Elizabeth Ramirez and three of her friends —Cassandra Rivera, Kristie Mayhugh, and Anna Vasquez — were indicted on charges of sexually molesting Ms. Ramirez’s 7-year-old and 9-year-old nieces in San Antonio, TX. Before charges were filed, police learned that all four women were gay and had recently come out to their families. The allegations came in the wake of more than a decade of national hysteria over claims of satanic ritual abuse of children. All four women cooperated with authorities but vehemently denied they molested the girls. In both trials, prosecutors won convictions by discounting the many inconsistencies in the little girls’ testimonies and argued that the inconsistencies were outweighed by the testimony of a pediatrician. Prosecutors portrayed Elizabeth Ramirez as the ringleader and tried her first. She was convicted in 1997 of aggravated sexual assault of a child and indecency with a child and sentenced to 37½ years in prison. The remaining women were tried together in 19

Francisco Carrillo Jr. was convicted and sentenced to life in prison in 1992 in the fatal drive-by shooting of Donald Sarpy in Lynwood. Franky, who was 16 at the time of the 1991 shooting, maintained his innocence through two trials and in prison. His conviction relied on eyewitness testimony from six people. Franky said that a gang of corrupt and racist Los Angeles County Sheriff's deputies—known as the "Lynwood Vikings"—coerced and threatened key witnesses into identifying him in a photo lineup. In 2011, a judge overturned his conviction after witnesses later admitted they did not have a view of the shooter, and instead had been influenced by police officers, and each other, to identify Franky. Two men since confessed to the crime, and stated Franky was not involved. Since his release, Franky Carrillo has gotten married, started a family and obtained a bachelor’s degree from Loyola Marymount University. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For

Tony Wright endured two trials and 25 years in prison before a jury found him not guilty for the rape, sodomy and murder of Louise Talley, a 77-year-old woman in Philadelphia. Tony, who was only 20 years old when he was arrested in 1993, signed a confession after being beaten and threatened by the interrogating detectives. He was sentenced to life in prison—he narrowly escaped the death penalty after the jury voted against it 7 to 5. Later DNA testing of the rape kit not only excluded Tony as a suspect, but also identified Ronnie Byrd as the real assailant. On August 23, 2016, Tony Wright was exonerated, and he became the 344th DNA exoneree in the nation. He is joined by co-founder of the Innocence Project, Peter Neufeld. 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.

At 16 years old, Jason Baldwin along with Damien Echols and Jessie Misskelley – known as the West Memphis Three – was convicted in 1994 of killing three 8-year-old boys in West Memphis, AK. There was no DNA linking the WM3 to the crime, and some of the DNA found at the crime scene even seemed to implicate the stepfather of one of the victims. The case gained national attention soon after the teenagers' arrests when word was leaked that the murders were committed as part of a satanic ritual. A key prosecution witness in the second trial was a self-proclaimed cult expert who stated that the murders bore "trappings" of the occult. This testimony, combined with testimony about books Damien Echols read and some of his writings, plus evidence that he and Jason Baldwin liked heavy-metal music and several black t-shirts were found in Jason’s closet, helped to convict the two teenagers. Jason received life without parole; Echols was sentenced to death, and Misskelley was sentenced to 40 years. After serving more than

Kirk Bloodsworth, an honorably discharged former Marine, was the first person sentenced to death and subsequently exonerated by DNA testing. He was 22 years old in 1984 when he was arrested for the rape and murder of nine-year-old Dawn Hamilton and sentenced to death in Baltimore County, MD. Kirk was arrested based on an anonymous call telling police that he was seen with the victim that day and an identification made by a witness from a police sketch shown on television. The description of the perpetrator was a 6 ft, 5 in tall white man with curly blond hair, a bushy mustache, skinny, and tan. Kirk was 6 ft, had red hair, and was well over 200 pounds. Though there was no physical evidence connecting him to the crime, Kirk Bloodsworth was convicted based on the testimony of five witnesses who placed him either with the victim or near the scene of the crime. The Maryland Court of Appeals overturned his conviction in 1986, finding that the prosecution had illegally withheld exculpatory evidence from the defense

On November 16, 1983, a 28-year-old woman was attacked and sexually assaulted by an unknown male as she was walking home from work in Lowell, MA. The following evening, a 23-year-old woman was attacked less than one hundred yards away from the site of the first assault. Even though no biological evidence could link him to any of the crimes, Dennis Maher, who was a sergeant in the United States Army at the time, was arrested and charged with both attacks, in addition to an unsolved rape from the previous summer. He was convicted based on eyewitness misidentifications made by the victims, all of whom identified him in photographic lineups. In 2001, evidence from the assaults was recovered and subjected to DNA testing, yielding a genetic profile that excluded Dennis as a suspect. In 2003, results from DNA testing of evidence from the rape victim also excluded Dennis as a suspect, and he was exonerated after spending 19 years fighting to prove his innocence from behind bars. Dennis Maher is joined by attorney Ale

Jon-Adrian “J.J.” Velazquez 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 himself of the allegations by voluntarily subjecting himself to a lineup. Out of nine eyewitnesses present at the scene of the crime, three identified him at the lineup. Despite being a light-skinned Latino who had never had dreadlocks and despite providing phone records which corroborated his alibi and showed that he was talking to his mother during the time of the crime, J.J. Velazquez was sentenced to 25 years to life even though there was no physi

Everton Wagstaffe was wrongfully convicted of the rape, kidnapping and murder of 16-year-old Jennifer Negron in 1993. Everton’s conviction was based primarily on the testimony of Brunilda Capella, a 25-year-old, drug-addicted sex worker who claimed that she had seen Everton pull the victim into a Buick Skylark driven by Reginald Connor. It was later revealed, however, that the car had been parked at a church during the time that Capella claimed she had witnessed the kidnapping. The owner of the car testified that she had told the police this fact prior to Everton’s conviction, but the police didn’t write any reports of the interview. It was also revealed that Capella had been regularly providing information to the police at that time—remarkably, she testified for the prosecution in 20 cases. The Innocence Project consulted on the case and aided in testing foreign hairs found on the victim’s body for DNA, which revealed that the hairs had not come from Everton or Reginald Connor. The ruling to dismiss their ch

Peter Pringle was wrongfully convicted of an armed robbery and the murder of two police officers during a bank raid in Ireland in 1980. He was the last person sentenced to death in Ireland, and just days before a noose was to be tied around his neck, Peter learned that Ireland’s president had commuted his sentence to 40 years without parole. Peter then immersed himself in legal texts and effectively became a jailhouse lawyer. He discovered that the confession used by the prosecution was written down in a police officer’s notebook prior to his interrogation about the killings. Serving as his own counsel, he eventually convinced the Court of Criminal Appeal to quash his conviction in 1995. Today, Peter is a human rights and anti-death penalty activist and together he and his wife, Sunny Jacobs, also a death row exoneree, run the Sunny Center in Ireland where they provide counseling to other exonerees. https://www.wrongfulconvictionpodcast.com/with-jason-flom Wrongful Conviction is a production of Lava For Good™