“We Have Spent Decades In Prison Awaiting Justice”

Call On Governor Hochul to Sign Challenging Wrongful Convictions Act

Wrongfully convicted and their families call upon District Attorney Conviction Review Units (CRU) to speed up processing of backlogged cases as victims languish in prison for decades. Ask City council to provide judicial, prosecutorial and police oversight. Press conference and rally at New York City Hall on Tuesday, September 19, 2023, at 10:30 am.

These CRUs often spend years reviewing cases and reject most. Also, among the concerns are that Judges in trial courts routinely deny innocence claims after long delays. NYPD still does not consistently record custodial interrogations in precincts, and police investigators can legally lie to those being interrogated which can lead to coerced, false confessions.

“It is taking far too long to review cases while many innocent people are spending decades behind bars. Speed up and move these cases forward,” says Derrick Hamilton, co-founder and Director of Legal Affairs of Families and Friends of the Wrongfully Convicted. “For every wrongfully convicted man or woman languishing for decades in prison, the real perpetrators remain in our community continuing to commit serious crimes. We must not have these families suffer anymore. The promise of a conviction review is in most cases a promise never kept.”

With over $360 million in wrongful conviction settlements paid by New York City since 2016, the City Council should step up and take a more active role in criminal justice reform, providing oversight to the CRUs, police and judiciary. The Council should provide additional funding to the CRUs to add more attorneys and investigators to deal with the backlogs.

Families and Friends of the Wrongfully Convicted are also calling for Governor Hochul to sign the “Challenging Wrongful Conviction Act” S. 215 / A. 2878 recently passed by both houses of the New York State legislature The new law would provide the right to post conviction legal counsel; enable those who have pleaded guilty to seek to overturn their convictions based upon actual innocence; allow for post-conviction discovery and remove procedural roadblocks to relief.

Justice Delayed

In Brooklyn, victims of infamous NYPD detective Louis Scarcella have been waiting decades for justice. James Jenkins has served 36 years in prison, his Scarcella case was in the CRU for years, and Judge Sharen Hudson has slow moved a hearing for over two years. Kevin Smith served 27 years in a Scarcella-related case, while his CRU review has gone on close to 10 years through three Brooklyn DAs: Hynes, Thompson and Gonzalez. Nelson Cruz, another Scarcella victim, served 27 years. His innocence pleas went unheeded at the DA, and his innocence hearing was shockingly denied by the judge who was found to be suffering from Alzheimer’s.

Manhattan DA Alvin Bragg must engage in a much more vigorous effort to right so many wrongs. He needs to address a huge backlog of cases, properly staff the CRU and treat the epidemic of wrongful convictions in New York as important. Danny Rincon has served 30 years of a 158-year sentence. He awaits awaiting action from the DA.

In Queens, DA Melinda Katz has established a CRU led by a defense attorney, but it needs more staff and a larger budget as the process is too slow moving. Harold Marshall remains imprisoned after 25 years, and Stephan Brathwaite’s case languished in CRU until he was finally paroled after serving 30 years. The Queens D.A. opposed his parole.

In the Bronx, DA Darcel Clark has a barely functional CRU, and has not allowed open discovery. Joe Sanchez has served 16 years after terrible prosecutorial misconduct; Manny Lugo remains in prison for 25 years even though another man was convicted of the murder.

https://wrongfullyconvicted.info

COMPTROLLER OF CITY OF NEW YORK ANNUAL CLAIMS REPORT WRONGFUL CONVCITON SETTLEMENTS
Read here

 FY 2022 $86.8 million in Settlements

Samuel Brownridge -25 years (1994-2019) $13.0 million
Pablo Fernandez-24 years (1995 – 2019 )$12.0 million
Shawn Williams24 years (1993 – 2018) $10.5 million
Rafael Ruiz -25 years (1984 – 2009) $8.99 million
Gerard Domond-28 years (1998-2016) $8.4 million
Eric William Rodriguez-21.17 years (1999 -2021) $7.0 million
Grant Williams -23 years (1996-2019) $7.0 million
Julio Negron- 9.75 years (2006-2015) $6.25 million
Bladimil Arroyo- 17.5 years (2001-2019) $5.35 million
Calvin Buari -22 years (1995-2017) $4.0 million
Rhian Taylor -8.75 years (2008-2017) $3.0 million
Triston Pinheiro-2.83 years (2005-2008) $500,000
Phillip Boykin- 3 years (2016-2019) $390,000
Alfred Edwards- 1 year (2011-2012) $175,000
Danny Ponder- 2.5 years (2018-2021) $150,000
Neal Watts-5 years (2013-2018) $100,000

TOTAL: 242.5 years $86.8 million

Chart 7: Reversed Conviction Payouts, FYs 2016–2022

FY 2016 – $62.2 Million
FY 2017 – $99.9 Million
FY 2018- $33.3 Million
FY 2019 – $20.3 Million
FY 2021 – $59 Million
FY 2022- $86.8 Million

“Rosemond Would be Home for Christmas” Trump Told NFL Great Jim Brown and Staff in the White House

Habeas Corpus Petiton Filed In Federal Court on Behalf  Rosemond Asks That He be Released

(Clarksville, West Virginia, October 7, 2021) James Rosemond, founder of Czar Entertainment, in New York, who has served ten years of nine consecutive lifetime sentences in Federal prison, today filed a Petition for a Writ of Habeas Corpus in United States District Court for the Northern District of West Virgina, alleging that former President Donald J. Trump commuted his sentence prior to leaving office. He was never released.

According to the filing, “On December 18, 2020, then-President Donald J. Trump commuted Rosemond’s sentence to the time he had already served.  President Trump telephoned Jim Brown (the former NFL running back, actor, and criminal justice advocate) and his wife Monique Brown (the director of a leading social justice organization), two of the numerous people who have supported Rosemond’s years-long efforts to obtain clemency.  According to the sworn declarations submitted by the Browns in support of this petition, President Trump said, in a room full of his staff, that he had “looked at everything” Rosemond submitted, that he “believe[d] you guys” (Rosemond and the Browns), and that Rosemond would be “home for Christmas.”   The Browns took that statement to mean exactly what it said: that “Rosemond’s sentence was commuted on December 18, 2020,” and that he would be freed and sent home within a week. “

According to sworn affidavits submitted with the filing, Jim Brown stated, “On December 18, 2020, President Trump called me and informed me that he had decided to commute Mr. Rosemond’s sentence to the time he had already served in prison. 

“During this conversation, President Trump told people in the room with him: “Let’s get this guy home for Christmas.” He told me that he had “looked at everything”—meaning the materials we had provided about Mr. Rosemond’s case—and “believe you guys” that Mr. Rosemond’s sentence should be commuted.  “I want to do this,” President Trump added, referring to the commutation.” 

Donald Trump called Jim Brown and NFL great Herschel Walker and told them he was granting the clemency and he would be home for Christmas. Senior advisor to the President Jared Kushner also called Rosemond’s attorneys and Michael J. Williams and told them Rosemond had been granted clemency and would be released from USP Hazelton Federal prison in Bruceton Hills, West Virginia. The White House informed the family to “pick Jimmy up the following Tuesday or Wednesday.” They then went 400 miles from Brooklyn to pick up Rosemond upon his release days before Christmas.

According to the submission, “An act of clemency need not be conveyed in any particular form so long as the President communicates it publicly; it does not have to be in writing or announced to any specific person or entity. Second, the wording of the clemency does not matter so long as the President reasonably conveys the clemency decision; no legal phrasing, such as “pardon” or “commutation,” is necessary to accomplish an act of clemency. Third, once the President completes an act of clemency, it cannot be revoked, either by the President granting clemency or by his or her successor.

Michael Rayfield, of Mayer Brown LLP, Rosemond’s attorney, said, “I’ve had the privilege of representing Jimmy Rosemond for over six years, and I’ve never had any doubt that he was wrongfully convicted.  On December 18, 2020, President Trump reached the same conclusion:  He commuted Jimmy’s sentence to the time he had already served in prison and announced that Jimmy would be “home for Christmas” (which was the following week).  Unfortunately, the record of President Trump’s decision was never transmitted to the warden of the prison, and Jimmy is now being held in custody in violation of his constitutional rights. 

“As our petition explains, the President completes an irrevocable act of clemency—here, a sentence commutation—by publicly communicating the clemency decision.  Neither the form nor the wording of the clemency decision is relevant under the law, and once it happens, it can’t be reversed regardless of whether any record is delivered.  Simply put, Jimmy is serving a sentence that no longer exists. 

“I continue to be hopeful that the Biden Administration will act on Jimmy’s commutation. But as an alternative, we’ve sought habeas corpus relief in federal court.  This exact situation is unprecedented, but it’s clear to me that Jimmy doesn’t belong in prison for another day.” 

In conclusion to the petition, “The Court should grant Rosemond’s petition for writ of habeas corpus and direct the Warden of USP Hazelton to release Rosemond from prison immediately.”

Rosemond grew up poor in Brooklyn, NY in 1965. In 1996, Rosemond founded Henchmen Records, which would later become Czar Entertainment, a music management company based in Manhattan.  Rosemond represented multiple high-profile musicians, actors, and athletes, including Mike Tyson, Michael K. Williams, Wyclef, Brandy, Salt‑N‑Pepa, and Akon.

James Rosemond was charged and convicted of violating the federal “Drug Kingpin” statute based on the testimony of five informants who were found with contraband and were facing long sentences, one of whom later admitted that he was the “kingpin but they wanted Jimmy [Rosemond].”  These witnesses each served less than four years in prison and have been home since 2014 or earlier.   

Rosemond maintains his innocence. He was tried four times and had his murder conviction overturned by the Second Circuit Federal Court after it was revealed that the key government witness told prosecutors that “Rosemond never ordered him to commit a murder.” He told the government from the beginning—both in private meetings and at trial—that Rosemond “never told me to murder Lowell Fletcher” and “never mentioned killing Fletcher at all.”  

Rosemond was sentenced to a total of nine consecutive life sentences. He has been in federal custody since 2011.

In January 2015, Rosemond began to seek clemency from the Obama Administration, and he continued those efforts after President Trump was elected. His clemency petition received overwhelming support from diverse sectors of society.  Among his most ardent supporters were Jim and Monique Brown, and actor Michael K. Williams who led the effort to seek to overturn his conviction and then a commutation. While they had worked for years, it was during the famous Oval Office meeting with Kanye West in October of 2018, that Jim Brown and his attorney presented President Trump with evidence supporting Rosemond’s innocence and requesting he commute Rosemond’s sentence to time served, which he subsequently did.

Weldon Angelos, prison reform activist and president of The Weldon Project/Mission Green, said “Being an activist on criminal justice reform and a person who was once sentenced to 55 years in prison for a small amount of marijuana, I know everyone needs a second chance ,and Jimmy Rosemond should not be excluded from this consideration and sentenced to death by incarceration. “

Don Sikorski, producer of, UNJUST JUSTICE, a documentary on James Rosemond, said “Prosecutors used every unethical method to get a conviction. Jimmy Rosemond’s case is the epitome of everything that’s wrong with the criminal justice system. How does a young black man from Brooklyn get more life sentences than El Chapo when both were accused of the same crime, sentenced in the same courthouse while they had no evidence against Jimmy Rosemond that he was a kingpin. Any President should be interested in this case.”

Transcript of Hearing Reveals DA In 1977 Case Provided No Discovery To Vincent Simmons Defense According to Original Attorney Mike Kelly

Vincent Simmons, after 44 years in prison on a 100 year sentence, might finally get his day in court fighting for his innocence of the rape of two 14 year old white girls in Avoyelles Parish, Louisiana, an assault that never happened.

After the first Judge Spruill removed himself last month, the current judge, William Bennett, ordered the District Attorney, Charles Riddle, removed from the case as well.

Testimony, in the 12 Judicial District Court in ALexandria, LA, today, by Simmons original attorney, Mike Kelley, 44 years ago, stated on the record, that he never received any discovery from the DA’s office or police, including the medical examiner reports that proved there was no sexual assault of the girls. He also testified that he never was made aware of a police lineup in which Mr Simmons was presented to witnesses shackled in the line up. see photo

Simmons’ Attorney, Justin Bonus, Also Presented Evidence that Witnesses Have been Facing threats and intimidation from Keith Laborde, the Man who Witnesses Say Lied About Simmons Involvement in 1977 rape which resulted in his 100 year sentence

Background

Two weeks after the night of May 9, 1977, two 14-year-old twin white girls and their 18-year- old cousin were visiting with relatives and mentioned nothing about being raped and kidnapped until one of the relatives noticed a scratch on the man’s neck. Things immediately changed and the three told them a concocted story about being assaulted by an unknown Black man. The relatives, skeptical that they were telling them the whole story, two weeks after it allegedly occurred, advised them to go to the police.

At the police station, they could not provide many details other than a Black man attacked them. While there were no corroborating witnesses and no evidence at all of a rape and kidnapping, it did not stop the police from picking up a young Black man from town and taking him into the station. Unable to truly understand the charges against him, as he had only sixth grade education and was illiterate, the police denied him an attorney and the ability to make a call. He was then placed in a line up with a few other men, but there was only one man in the line up that day who was handcuffed and placed in restraints – Vincent Simmons. The twins and their cousin identified the man with the handcuffs and shortly thereafter in the stationhouse Simmons was shot point blank in his chest.

He was tried less than 60 days later and in one day convicted of the charges. He was sentenced to 100 years in prison. He has served nearly 44 years, mostly in solitary confinement. Old and sickly, Vincent remains  in Angola Prison.

 New evidence has emerged that the alleged 1977 rape of two 14- year-old white girls in Avoyelles Parish, Louisiana, never happened. New witnesses have come forward and provided sworn statements that there was no sexual assault, rape or kidnapping, and that the alleged victims lied about the attack by an unknown Black man. There was absolutely no DNA or other evidence tying Simmons to the alleged crime.

Other evidence includes the coroner report that was kept hidden from the defense at the time of the trial, and recently corroborated by a forensic pathology expert, proving that neither of the girls were assaulted and raped.

The lone Black person on the jury now states in a sworn affidavit that she was not only scared and coerced into a conviction, had she known of the medical reports, she would have likely acquitted Mr. Simmons. “I now believe Vincent is innocent.”

Expert witness identification evidence that shows that the alleged victim identification of Simmons was shocking especially considering that he was handcuffed when placed in the lineup and selected by the alleged victims. See photo of lineup https://bit.ly/3jYA99n

According to experts, Vincent Simmons was convicted by “a legal process that paralleled the prosecutions of scores of black men accused of crimes by white women.” Police conducted no investigation and there were efforts by police to coerce him to confess. One complaining witness told police that her uncle was very upset and talked about taking the law into his own hands. The other referred to black men as Niggers and told police that all Blacks looked the same to her. The trial was held 51 days after the crime, and defense counsel had very little time to prepare his case. Simmons was convicted by a jury composed of 11 whites and 1 African American in two days and received an extremely severe sentence. “His trial, for all practical purposes, was a legal lynching.”

Contact:  Lonnie Soury. lsoury@soury.com, (917) 519-4521
Attorney Justin Bonus, justin.bonus@gmail.com,  (347)-920-0160

See www.freevincent.com
www.wrongfullyconvicted.info

https://www.cnn.com/2021/01/05/us/vincent-simmons-rape-case-new-testimony-hearing/index.html

View transcript

Newly Discovered Evidence Proves That the Crime Never Happened: Relatives Say Alleged Victims Made Up the Story of Rape by Black Man

A Small Town with Ugly History of Racism Fights to Keep Man in Prison for 100 Years

(Marksville, Louisiana, October 13, 2020) In 1977, two 14-year-old white girls in Avoyelles Parish, Louisiana, a small community in the center of the state with an ugly history of racism, alleged that they were brutally raped and kidnapped along with their 18 year old male cousin, by an unknown Black man.  Vincent Simmons was picked up by police and, in a shocking photo obtained by the defense decades after the trial, shows a him in handcuffs as the alleged victims picked him out of the lineup.

“There was no sexual assault or rape, no kidnapping. In fact, there is no evidence today, or presented at trial 44 years ago, that links Vincent Simmons with the alleged crime or alleged victims. These three young people at the time, to avoid embarrassment over their antics, and with the complicity of the police, prosecutors and judge, placed an innocent man in prison for 44 years, where he remains today.

“This is a story you might hear when speaking of Jim Crow and the rape myth involving Black men and white women that resulted in so many tragic lynchings and wrongful convictions,” said Justin Bonus, Simmons attorney.

Now, relatives of the trio have come forward providing sworn affidavits that the rape of the two young girls never occurred, and that the three lied about a Black man. One of the victims admitted that Vincent Simmons never raped the two young girls, and never placed anyone in the trunk of the car, as was alleged.

According to the affidavit, “The whole case was a lie. Laborde said he took the twins down Little California Rd., in Marksville LA and put Sharon in the trunk and had consensual sex with Karen in the back seat of the car. In fact, according to the affidavit, Laborde stated that the had sex with his 14-year-old cousin and locked the other in the trunk of the car when she refused his advances. “He then attempted to have sex with Sharon and referred to her as a ‘hellcat’ when she would not allow him to have ex with her.”

Medical evidence from the coroner was kept hidden from the defense at the time of the trial, and recently corroborated by a forensic pathology expert, proves that neither of the girls were raped. Evidence, that if had been made available to the defense as was legally mandated and presented at trial, would likely have resulted in an acquittal of the charges.

In a hastily conceived two-day trial, less than 60 days after his arrest, with no physical evidence tying him to the crime, Simmons was convicted and sentenced to 100 years in prison. Now, 44 long years later, still incarcerated, he fights to overturn the wrongful conviction.

In fact, the lone Black person on the jury, now states in a sworn affidavit that she was not only scared and coerced into a conviction, had she known of the medial reports, she would have likely acquitted Mr. Simmons. This juror was not aware of the medical evidence that the coroner had reported. “Had I heard that I would have at least acquitted Vincent of the rape of Sharon Sanders. I now believe Vincent is innocent.”

The juror goes on to state that during deliberations “I had doubt, but I was harassed by the other white men who were in the jury. I was the only Black person who deliberated of the 12. I was told that my vote did not count, that you needed only 10 to convict. The other 11 white people voted guilty immediately.”

According to Michael R. Leippe, Ph.D., and expert in eyewitness memory and behavior, “There were numerous factors in the Simmons case that cast considerable doubt on the accuracy of the eyewitness identifications, even if they were made in all sincerity. These factors include especially, but are not limited to, extreme suggestion and bias in the lineup, the lineup situation, and lineup instructions; very sketchy descriptions of the perpetrator, and a lengthy interval between the alleged crime and the memory report (including the identification) that would promote considerable forgetting. I believe that a conviction based on the eyewitness evidence alone was absolutely not called for.”

Background

Two weeks after the night of May 9, 1977, two 14-year-old twin white girls and their 18-year- old cousin were visiting with relatives and mentioned nothing about being raped and kidnapped until one of the relatives noticed a scratch on the man’s neck. Things immediately changed and Laborde told them a concocted story about being assaulted by an unknown Black man. The relatives, skeptical that they were telling them the whole story, advised them to go to the police.

Eventually, the Sanders twins and Laborde did go to the police. At the police station, they could not provide many details other than a Black man attacked them. While there were no corroborating witnesses and no evidence at all of a rape and kidnapping, it did not stop the police from picking up a young Black man from town and taking him into the station. Essentially, this man, Vincent Simmons, was kidnapped off the street. Unable to truly understand the charges against him, as he had only sixth grade education, the police denied him an attorney and the ability to make a call. He was then placed in a line up with a few other men, but there was only one man in the lineup that day who was handcuffed and placed in restraints – Vincent Simmons. The twins and their cousin identified the man with the handcuffs and shortly thereafter in the stationhouse Simmons was shot point blank in his chest.

There was little if any investigation conducted by the police and the investigators in this case failed to conduct any search in the car even after it became evident that no evidence of a rape existed on Little California Road. The police destroyed any evidence that may have been in that vehicle when they did not secure it.

Surviving the shooting, and facing the death penalty, less than sixty days after his arrest, Simmons was put on trial and he was convicted in a trial lasting only two days. He was sentenced 100 years in prison.

Dr. Lisa Lindquist Dorr, PhD, and an expert who reviewed this case, said: “Vincent Simmons was convicted by a legal process that closely paralleled the prosecutions of scores of black men accused of crimes by white women. Police conducted no investigation to speak of.  Simmons has insisted there were efforts by police to coerce him to confess. One complaining witness told police that her uncle was very upset and talked about taking the law into his own hands.  The other referred to black men as Niggers and told police that all blacks looked the same to her. The trial was held 51 days after the crime, and defense counsel had very little time to prepare his case. Simmons was convicted by a jury composed of 11 whites and 1 African American, and received an extremely severe sentence.  His trial, for all practical purposes, was a legal lynching.”

Nearly 44 years later, with both newly discovered evidence and evidence that was withheld from him at the original trial, Vincent Simmons remains in Angola State Penitentiary. This is arguably his last chance at freedom in a new motion to overturn his conviction that was filed today in the 12^th Judicial District of the State of Louisiana, town of Marksville. With new evidence of his innocence, including the medical report that was hidden from the defense that found that the girls were not raped, expert reports on witness misidentification and new evidence showing that the girls and their cousin had lied, attorneys are seeking to finally have justice and are asking the court to overturn the conviction and free Vincent Simmons.

Lonnie Soury, founder of Families of the Wrongfully Convicted, said, “How many Black men have been lynched or spent their lives imprisoned based upon false accusations similar to the tragedy that befell Vincent Simmons. It was not simply the false accusations of rape by two white girls, but deep-rooted racism that permeated the criminal justice system in Louisiana in 1977, and unfortunately continues today throughout our country. Simmons is innocent and must be finally freed.”

Attorneys Jonathan Edelstein and Robert Grossman are of counsel and assisted in this case. Edward Lavardain Jr. is co-counsel. Reverend Allen Holmes, civil rights leader has been fighting to free Vincent Simmons.

See www.freevincent.com

www.wrongfullyconvicted.info

NYPD DET. SCARCELLA’S FALSELY ACCUSED SMITH OF 1984 MURDER

Sole Witness Recants to Judge at Trial Until DA Kidnaps Him for 4 days and Charges Him with Perjury for Refusing to Identify Smith

(Brooklyn, NY – Monday, August 6, 2020) In September 1987, during the murder trial of Kevin Smith, the Kings County District Attorney’s office, ADA Paul Burns, police at NYPD’s 81^st precinct and other prosecutors in the DA’s office engaged in a shocking, almost unheard of series of actions that led to the coercion of the only witness in the case and directly led to the wrongful conviction and 27 year imprisonment of Smith.

Egregious prosecutorial misconduct by the Brooklyn District Attorney’s office and NYPD’s Louis Scarcella resulted in Brady and Rosario violations for withholding evidence, including police transcripts of interviews and audiotapes, as well as the District Attorney’s office engaging in acts of coercion and intimidation of the only witness in the case, Trent Richardson.

According to the motion to vacate the conviction in New York State Supreme Court, Kings County Criminal Division: “No fewer than 6 witnesses have stated either that Smith was not the person who shot Van Dorn on November 10, 1984 or that Trent Vernon Richardson is/was wholly unreliable, including affidavits from Ronald Moore, Frederick Shaw, Norman Richardson, Kevin Bazemore, Elpidio DeLeon and Frank Paone. Dr. Richard Leo’s and Dr. Brian Cutler’s expert reports detailed the high probability that Richardson’s testimony at trial was coerced, and, therefore, unreliable. Finally, Dr. Cyril Wecht recreated the shooting and refuted both Richardson’s trial testimony and audio taped statement that he provided the DA’s Office, which supports witness statements that Richardson did not see the shooting. (https://bit.ly/2sOwKEU)

• “Additionally, the murder investigation was led by Detective Louis Scarcella. Det. Scarcella’s practice of manufacturing evidence has been documented in a series of cases, including, but not limited to, People v. Hamilton, People v. Ranta, People v. Moses, and, most recently, People v. DeLeon. It is contended here that Scarcella falsely attributed a statement to Smith’s co- defendant that attests that he saw Smith shoot Van Dorn, killing him. Mr. Smith now comes to this Court with compelling proof that he was innocent in this murder. Said proof comes from several individuals who witnessed the shooting and can substantiate that Richardson lied at trial and sent Smith to prison.”

The Kings County District Attorney’s Office literally kidnapped the witness from the judge’s chambers during the Kevin Smith trial. The District Attorney’s Office lied to him, as well as to the judge, defense attorneys and family members. The Kings County District Attorney’s Office then charged Mr. Richardson with perjury in the first degree, and kept him hidden and locked up in a cold and damp police precinct cell for four days without allowing him to contact an attorney or family members, without providing him with hot food, and without allowing him to make a phone call, bathe or change his clothes. The Kings County District Attorney’s Office then offered to drop perjury charges if Mr. Richardson agreed to testify against Kevin Smith at his trial, even though Mr. Richardson had previously stated that he did not witness Kevin Smith shoot Gary Van Dorn nor did he witness the crime, and that his grand jury testimony used to indict Kevin Smith had been false. After four days of this treatment, Mr. Richardson agreed to testify against Kevin Smith, and was the only witness against Mr. Smith, who was ultimately convicted of murder.

 Justin Bonus, Smith’s attorney said, “In the years that I have practiced criminal law, involved with hundreds of cases, I have never seen a witness who was kidnapped and coerced in the manner that Trent Vernon Richardson was. The criminal justice community must resoundingly condemn the actions of the People in the case. Mr. Smith’s conviction, which was solely obtained through the coerced testimony of Richardson, should be vacated and dismissed or a new trial should be ordered.”

Dr. Richard Leo stated: “It has been well-documented in the empirical social science research literature that a substantial number of innocent suspects have confessed during police interrogation to crimes (often very serious crimes such as murder and rape) that it was later objectively proven they did not commit. Many witnesses have also been coerced into providing false accusations and/or false testimony. The same principles apply to the interrogation of suspects as to the interrogation of witnesses: psychological coercion by police and/or prosecutorial authorities can and sometimes does lead to false statements, admissions and/or confessions.

“The conditions of Trent Richardson’s interrogation were psychologically coercive, and contained interrogation techniques that are known to cause a person to perceive he or she has no choice but to comply with the demands and/or requests of his or her interrogators, and that are known to increase the risk of eliciting involuntary and/or unreliable statements, admissions and/or confessions.”

 Kevin Smith said. “With the mountain of evidence supporting my innocence I hope and pray that the court will finally provide me, my family and the community the justice that is long overdue. Today, I stand here as innocent as I was in 1987.

Exoneree and legal advisor Derrick Hamilton said, “Dr. Richard Leo and Dr. Brian Cutler, the country’s leading experts on coerced confessions, along with the renowned pathologist, Dr. Cyril Wecht, MD, have provided compelling new evidence that supports Kevin Smith innocence. With the egregious actions of NYPD detective Louis Scarcella the Kings County DA Paul Burns, and others in the District Attorney’s offices, I am hopeful that a new judge will take a fresh look at these facts and overturn Kevin Smith’s wrongful conviction.”

Lonnie Soury, co-founder of Families of the Wrongfully Convicted and member of Smith’s defense team, said, “This is the brew for a perfect storm, mixing the lies of NYPD detective Louis Scarcella with the complicity of the Brooklyn District Attorney’s office. Scarcella lied in his reports linking Smith to the crime, and the Kings County DA kidnapped the sole “eyewitness” who had testified to the judge that he did not see Kevin Smith shoot the victim.” www.wrongfullyconvicted.info 

Background

• Kevin Smith was convicted of murder and served twenty-seven years in. He was released on parole December 3, 2012. He remains on parole.
• Smith was arrested March 1986, almost two years after the murder of Gary Van Dorn on the night of November 10,1984 at 12 midnight in Bedford Stuyvesant, Brooklyn.
• The only witness against Kevin Smith was a convicted felon and drug addict named Trent Richardson who had given police conflicting accounts of events the day of the murder.
• He told police in his first interview immediately after the crime that he did not recognize the two men who allegedly killed Gary Van Dorn.
• It took the police and prosecutors almost two years from the time of the murder to arrest Kevin Smith in March 1986. He was placed in Rikers Island for 18 months from the time of his arrest to trial.
• When Smith’s trial began on September 1, 1987, the only witness, Trent Richardson, refused to testify against Kevin Smith and could not be located for trial. Brooklyn ADA Paul Burns informed the court that he was unable to locate his client for trial and requested and obtained a material witness order.
• Police broke down the door to his mother’s apartment and brought him to the District Attorney’s office, and then to court for trial on September 4, 1987.
• In court, Richardson informed the Judge and the DA that he did not see the crime. He advised the court and the prosecutor that he did not know who killed Gary Van Dorn and emphatically stated he did not witness the shooting.
• Concerned about these developments, trial Judge Francis Egitto ordered the ADA Paul Burns, Richardson and Smith’s defense attorneys into his chambers to further question the witness, which, in and of itself was highly extraordinary. With the jury dismissed, Richardson admitted once again that the grand jury testimony he gave to indict Smith were false. Richardson stated he did not see Smith shoot Gary Van Dorn; nor did he witness the crime.
• Judge Egitto, realizing that there was no case against Kevin Smith, ordered him released. Kevin Smith was told by his defense lawyer, Theodore Jones, to enjoy the weekend, and that on Tuesday, when court resumed, his case would be dismissed.
• Trent Richardson was also ordered released by the Judge, and the Material Witness order was dropped. At that moment, ADA Paul Burns requested that Richardson be brought downstairs to court to “pay for an outstanding summons.”
• But within five minutes after the proceedings ended, and after his attorney had left the Judge’s chambers, Richardson was handcuffed and taken into custody by the DA. He was brought to the Brooklyn District Attorney’s offices and, without a lawyer present, charged with Perjury in the First Degree based upon inconsistent statements moments before elicited unethically by ADA Burns and Judge Egitto.
• ADA Paul Burns clearly intentionally misled the court and lied about his intentions with respect to his Richardson. He informed Judge Egitto, Richardson and his mother, as well as his attorney Frank Paone, that he was going to take Richardson to “pay a summons.” That was never his intention, as he led Richardson away to the offices of the Brooklyn DA and charged him with perjury in the first degree.
• According to the law at the time, Richardson should have been brought to central booking within 24 hours of being charged. Instead, as a result of actually telling the truth in court, the only witness against Kevin Smith was placed in a cold and damp jail cell in the 81^st precinct house. Allowed no phone call or other communication, Richardson was held for 4 days with no lawyer, shower, toiletries or other humane conditions in the clothes he wore to court that day.
• Richardson was informed that in order to avoid a 7-year jail sentence he had to cooperate with the prosecution and go back to his original version of the story. Richardson tired of the isolation and needing treatment because of his addiction finally agreed to identify the defendants even though he did not know who committed the crime.
• Finally, after four days in a precinct holding cell, Richardson, who was essentially kidnapped, was brought in to court on Tuesday morning. He said that he knew that if he testified the way the DA wanted, he would be released and the charges dropped. That is exactly what happened.

Transcripts of the from the in camera session are as follows:

Q: Now, do you also know two people by the name of Renny (Kevin Smith)                             and Devine (Calvin Lee)?

1. I don’t know them.
2. You don’t know them?
3. No.
4. Never heard of them? You have to answer yes or no.
5. I heard of the name.
6. Did you see them on the night of November 10^th of 1984?
7. No.
8. Were you ^present when Gary was shot.
9. No.
10. You were not?
11. No.
12. Were you on the corner of Bergen and Buffalo around midnight on?

     November 10th of 1984?

1. I don’t remember

THE COURT (Judge Egitto): Do you remember when Gary was shot?

THE WITNESS: YES.

THE COURT: Were you on the corner of – what the mentioned, Buffalo and  

 What?

1. BURNS: Bergen.

THE COURT: On the night he was shot?

THE WITNESS: I don’t remember. What corner? What?

THE COURT: Well –

THE WITNESS: I was outside. I was in the vicinity.

THE COURT: were you in the vicinity of where Gary was shot?

THE WITNESS: Yes.

THE COURT: You were nearby

THE WITNESS: Yes

1. Did you see Gary get shot?
2. No.

Contact: Lonnie Soury, Families of the Wrongfully Convicted, Lsoury@soury.com
(917) 519-4521, www.wrongfullyconvicted.info

From:     Families of Wrongfully Convicted
Contact: Lonnie Soury,  (212) 414-5857, (917) 519-4521, Lonnie@Soury.com

For Immediate Release

Exonerated Call on Mayor DeBlasio: Stop Wrongful Convictions Now

Recording of Interrogations and Conducting Live Double Blind Lineups Can Prevent False Confessions and Witness Misidentification

(New York, NY –Thursday, September 24, 2015) Victims of infamous Brooklyn detective Louis Scarcella, including some men who have been recently released after decades in prison, joined families of the wrongfully convicted at a news conference on the steps of City Hall to ask Mayor Bill de Blasio to immediately institute reforms that could help prevent wrongful convictions in New York City. They were joined by NYC councilmembers Laurie Cumbo and Ruben Wills. Henry McCollum, who was recently exonerated in North Carolina after 30 years on death row also joined the families.

NYPD Should Record All Interrogations and Conduct “Double Blind” Lineups

They called on the NYPD to institute universally accepted methods to help prevent wrongful convictions by recording all interrogations and conduct “double blind” procedures in live police lineups and photo arrays. These practices have been endorsed by the International Association of Police Chiefs. It is the law in 22 states including New Jersey and Connecticut. The New York State Senate passed reforms in last session for the first time in years, but the State Assembly failed to act.

Oversight Of District Attorneys Offices Needed

Families also asked the City Council and State Legislature to establish an independent Innocence Commission, provide oversight of the five District Attorneys offices by establishing disciplinary procedures for ADA’s and police who engage in obtaining coerced confessions, withholding evidence and falsely identifying suspects. These practices were employed by notorious Brooklyn detective Louis Scarcella who, with the complicity of former DA Charles Hynes, engaged in actions that led to wrongful convictions and the imprisonment of scores of men for decades. Dozens of cases are still under review in Brooklyn while many remain incarcerated. As a result of Scacella and other cases, New York City has recently paid in excess of $100 million to wrongfully convicted victims.

They also highlight recent “conviction reviews” that were deeply flawed and resulted in maintaining the wrongful convictions including Manhattan DA Cy Vance’s 18-month review of Jon-Adrian Velazquez’s case, John Giuca’s case in Brooklyn and former Nassau DA Kathleen Rice’s three year review of Jesse Friedman’s case, made famous by the film, Capturing the Friedmans. In all of these cases, the conviction reviews were rejected by prosecutors with little or no transparency.

According to the Innocence Project:

• In NYC, 11 real perpetrators identified went on to commit five murders and three rapes
• 52% of New York’s DNA exonerations involved eyewitness misidentification.
• 48% of New York’s DNA exonerations involved a false confession.
• Of the 330 DNA exonerations, 150 actual perpetrators were identified and went on to commit 70 sexual assaults, 30 murders and 25 other violent crimes.

Families of the Wrongfully Convicted was started by a group of men serving life sentences at Auburn correctional Facility. Working in the law library, some of them noticed one thing in common in some of their cases: Brooklyn Detective Louis Scarcella. Derrick Hamilton (21 yrs.) and Shabaka Shakur (27 yrs.) were victims of detective Scarcella, who have since been exonerated, but Kevin Smith (27 yrs.) and Sundhe Moses (18 yrs.), who organized today’s event, still await exoneration.

Derrick Hamilton was sentenced to life in prison after Detective Scarcella coerced an eyewitness to change her testimony to implicate him in a murder. Hamilton won a landmark appellate ruling on actual innocence and was exonerated in 2015. Hamilton said, “There is tremendous frustration among those wrongfully convicted. While some of us have been exonerated, most remain imprisoned, while others are on parole and continue to suffer as we begin to rebuild our lives. Prosecutorial and police misconduct is not only a serious problem in Brooklyn, it happen in every district attorney’s office in the city.”

Council Member Ruben Wills said: “Great injustices have been done to these men and their families. They will attest that an untold number of innocents continue to suffer in prison without the hope of reprieve. We should take heed to their advocacy for reforms to the witness identification and interrogation process. I also urge the Council to adopt my resolution, 698, calling on the State to establish an Innocence Inquiry Commission to investigate credible wrongful conviction claims. Flawed investigations and overzealous investigators have compromised our sense of fairness and equity in the criminal justice system. Adopting these proposals would help to restore that lost faith.”

“Communities of color – across this city, state, and nation – have too often been subjected to the miscarriage of justice,” said Council Member Laurie A. Cumbo, Chair of the Committee on Women’s Issues. “Wrongful convictions have placed an unfair burden on the families of the incarcerated, particularly women who must become single parents and the head of household. Our communities can no longer continue to bear the financial, emotional, and physical strain of the criminal justice system.  We must call for reforms to ensure that everyone has equal protection of the law and justice is for all.”

Lonnie Soury, Falseconfessions.org, said, “We ask Mayor de Blasio and Commissioner Bill Bratton to adopt these universally recognized procedures that can help prevent wrongful convictions. If interrogations were recorded and double blind witness identification procedures were in place, it is likely that many of the men here today, and those imprisoned for decades, would never have been wrongfully convicted. Their lives, the lives of their families and the victims of the real perpetrators would not have been forever damaged.”

From:  Families of Wrongfully Convicted
Contact: Lonnie Soury, (212) 414-5857, (917) 519-4521, Lonnie@Soury.com

WAITING DECADES FOR JUSTICE VICTIMS OF DISGRACED DETECTIVE LOUIS SCARCELLA ANGRY OVER PACE OF INVESTIGATION BY BROOKLYN DA

CALL FOR  INDEPENDENT COMMISSION TO  REVIEW CONVICTIONS

Seek Changes In NYPD Procedures To Prevent False Confessions and Witness Misidentification

Victims of infamous Brooklyn detective Louis Scarcella, including some men who have been recently released after decades in prison, join families of the wrongfully convicted at a news conference on the steps of New York City Hall on Wednesday, April 9, 2014 at 1 pm. They are angry  and frustrated at the pace of the Brooklyn DA Thompson’s review of the Scarcella related cases and other questionable convictions in the Brooklyn DA’s office over the past 25 years. 

Anthony Yarborough (21 years), Sundhee Moses (18 years), Derrick Hamilton (21 years), and Kevin Smith (28 years) will join families of Scarcella vicims still imprisoned for decades including Shabbaka Shakur, Hector Lopez, James Earl Jenkins and Malik Thomas. Families and supporter of other wrongfully convicted including Danny Rincon, Jon Adrian Velazquez and Johnnie Hincapie will be attending. Jesse Freidman, (Capturing the Friedmans), whose innocence case was rejected after three year “conviction review” by Nassau County DA Kathleen Rice, will discuss the inherent bias of these reviews.

Families of the wrongfully convicted are also asking for the establishment of an independent conviction review process as they have no faith that any of New York City’s district attorneys can effectively review their own cases, especially by sitting prosecutors.

They are also asking Mayor Bill Deblasio and Police  Commissioner Bill Bratton to institute universally recognized methods of preventing wrongful convictions by recording all custodial interrogations of suspects and witnesses to prevent false confessions and false testimony, as well as conducting “double blind” procedures in police lineups and photo arrays, to prevent witness misidentification, both the leading causes of wrongful convictions

WHO:             Victims of Det. Louis Scarcella and Families of Wrongfully Convicted
WHAT:           Call on Brooklyn DA Thompson to Establish Procedures to Review Cases
WHERE:         Steps of New York’s City Hall
WHEN:           Wednesday, April 9, 2014 at 1 PM

Derrick Hamilton said, “It was almost 25 years ago that Detective Louis Scarcella came to my business in New Haven, and kissed me on the cheek like they do in the mafia movies and said been here for 20 years although I am innocent. There is indisputable evidence that I did not commit the crime for which I am serving a life sentence. I have been here with far too many men who are innocent like me. It is time to change the way innocent men and women are treated by our system”

According to victims, their families and attorneys there has been little if any communication with Brooklyn DA Thompson’s office and almost no cooperation. Many of the same senior prosecutors who were involved with these cases over the years, aggressively defending the convictions, are still in place, holdovers from former Brooklyn DA Charles Hynes.

A Feb 11, letter from close to 20 attorneys with either Scarcealla cases of or other wrongful convictions in the Brooklyn DA’s office has not been responded to by Thompson.

“The new District Attorney continues to rely on the same old bad practices in reviewing convictions, refusing to share information, articulate a standard of review, or work collaboratively with defense counsel.  Apparently reform and transparency are much easier to demand in an election battle than they are to provide once you win.”

Families of the wrongfully convicted including victims of notorious Brooklyn detective Louis Scarcella and the former Brooklyn DA hold news conference on the steps of New York City Hall on Wednesday, April 9, 2014 at 1:00 pm

Sundhee Moses and Derrick Hamilton both recently parioled of whom served over 20 years in prison a false evidence obtained by Detective Scarcella  will speak along with families of men currently encacerated were recently released on parole have been asked to assist families of those wrongfully convicted in NYC to 

We will have speakers who have been recently released after serving decades in prison as well as mothers, sisters, brothers and children of others currently wrongfully imprisoned.

The effort is to bring light to the plight of these families, as well as ask for an independent Commission be formed to review cases, make recommendations, assist with providing legal counsel to those who have credible cases they were wrongfully convicted. , independent of the district attorneys who we believe cannot effectively review their own cases. 

We will call on the NYPD to institute proven methods to reduce wrongful convictions such as video recording of custodial interrogations to prevent false confessions and double blind suspect line ups and other methods to prevent misidentification of defendants, both the leading causes of wrongful convictions. (New York, NY – June 16, 2011) Families and friends of a group of men wrongfully imprisoned for life in New York State prisons held a rally on the steps of City Hall to call attention to their cases. They are asking Governor Cuomo, Attorney General Eric Schneiderman, the legislature and Court of Appeals Chief Justice Jonathan Lippman to create an Innocence Commission that would have the power to review not only cases of those exonerated, but those of people who are currently serving life sentences for crimes they did not commit.

Derrick Hamilton said, “I have been here for 20 years although I am innocent. There is indisputable evidence that I did not commit the crime for which I am serving a life sentence. I have been here with far too many men who are innocent like me. It is time to change the way innocent men and women are treated by our system”

Family and friends of those wrongfully convicted include:

Derrick Hamilton was  been imprisoned for 20 years for a January 4, 1991 murder in Bedford Stuyvesant, Brooklyn, despite convincing evidence from an eyewitness that he was innocent. A highly decorated New Haven, Connecticut police officer and other witnesses have provided evidence Hamilton was in New Haven at the time of the murder. Derrick Hamilton was wrongfully prosecuted based solely on the testimony of Jewel Smith, who was allegedly coerced by police and prosecutors into testifying and has since recanted. www.freederrick.com

Shabaka Shakur has been in prison since 1988 for a double murder. There was no physical evidence to tie Shabaka to this crime. No fingerprints, no DNA, no bloodstains, no gunshot residue. Shabaka advised the police he was in Queens not Brooklyn when the murders were committed. He provided names of people who the police contacted that corroborated his alibi. Yet when he proceeded to trial, the jury never heard from his alibi witnesses. www.freeshabakashakur.com

Danny Rincon was sentenced to 158 and 1/3 years to life and has been in since June 1992. Danny and three other men have served almost 20 years. Credible evidence provided by a government informant advised the prosecutor Rincon was not the driver of the getaway vehicle. The informant has confessed that he himself drove the vehicle and he never saw Rincon that day.

Ricky Caldwell has been in prison since 1983 after being convicted and sentenced to 50 years to life on two counts of attempted murder of police officer. An eyewitness testified at Caldwell’s trial that he was not the person he witnessed commit the crime. Police officers testified they were sure they shot their assailant. Caldwell had no injuries or gunshot wounds when he was arrested.

Richard Rosario has been in prison since 1996 when he was arrested for a murder in the Bronx and sentenced to 25 years to life. On the day of the murder, Richard was in Daytona, Florida. He returned to New York and immediately went to the precinct to speak with police as they surely were looking for the wrong man. Although Rosario supplied them with the names of 13 alibi eyewitnesses to his whereabouts on the day of the murder, he was arrested, tried and convicted based upon two witnesses who picked his photo out of a book. There was no other evidence linking him to the crime. He did not know the victim, and he did not know the witnesses.

Aaron Waymon was convicted in 1998 and is serving a 25 to life sentence for a murder that another party has confessed to committing. Demaris Tolbert was convicted of the same murder, but Waymon is still imprisoned. A police officer at the scene of the crime gave a description of the perpetrator that fits Tolbert and not Waymon.

Sherman Adams was convicted of first-degree murder and sentenced to life without parole. Adams was tried three times for allegedly killing two men during a shooting outside a crowded nightclub early on the morning of September 13, 1999. The first two trials resulted in hung juries. At his third trial, the eyewitness described the two shooters in a way that excluded Adams: one wore a multi-colored Coogi sweater and the other a white t-shirt. Adams wore dark clothes on the evening of the shooting.

Lonnie Soury, founder of Falseconfessions.org, an advocacy website for wrongfully convicted, said, “Louis Scarcella is a symptom of a broken system that continues today. There is no Scarcella without a Brooklyn District Attorney who was complicit and encouraged his actions, and a judiciary that  allowed tainted evidence go before jury after jury after jury. And this happens not only in Brooklyn but in every borough in this city.It has to stop, and it will only stop when those resposnsible are held responsible.

There are changes that can be made today that can help prevent wrongful convicitons. If custodial interrogations were recorded it is likely that Anthony Yarborough’s false confession would not have happened or There are thousands of men and women in New York State prisons who are innocent. The families here today are fighting to free their loved ones and right a terrible wrong, a life sentence and a wrongful conviction.  We must have a mechanism to bring justice to these men, their families and the victims. Our judiciary and our legislators should follow other states like North Carolina which has established a commission to review these cases.”

James Rivers, Director of Communications for Redemption Point, said, “We are dedicated to saving lives and giving individuals who emerge from prison the resources to succeed . As a result, we are committed to the cause of justice and believe that far too many of the incarcerated have been wrongfully convicted. We call upon the Governor, Attorney General and Chief Justice to provide solutions to this tragedy.”

#  #  #

From:  Families of Wrongfully ConvictedContact: Lonnie Soury, Falseconfessions.org, (212) 414-5857, (917) 519-4521 Lsoury@aol.com

For Immediate Release

FAMILIES OF WRONGFULLY IMPRISONED ASK GOVERNOR CUOMO, STATE LEGISLATORS AND CHIEF JUSTICE LIPPMAN FOR INNOCENCE COMMISSION

(New York, NY – June 16, 2011) Families and friends of a group of men wrongfully imprisoned for life in New York State prisons held a rally on the steps of City Hall to call attention to their cases. They are asking Governor Cuomo, Attorney General Eric Schneiderman, the legislature and Court of Appeals Chief Justice Jonathan Lippman to create an Innocence Commission that would have the power to review not only cases of those exonerated, but those of people who are currently serving life sentences for crimes they did not commit.

Derrick Hamilton said, “I have been here for 20 years although I am innocent. There is indisputable evidence that I did not commit the crime for which I am serving a life sentence. I have been here with far too many men who are innocent like me. It is time to change the way innocent men and women are treated by our system”

Family and friends of those wrongfully convicted include:

Derrick Hamilton has been imprisoned for 20 years for a January 4, 1991 murder in Bedford Stuyvesant, Brooklyn, despite convincing evidence from an eyewitness that he is innocent. A highly decorated New Haven, Connecticut police officer and other witnesses have provided evidence Hamilton was in New Haven at the time of the murder. Derrick Hamilton was wrongfully prosecuted based solely on the testimony of Jewel Smith, who was allegedly coerced by police and prosecutors into testifying and has since recanted. www.freederrick.com

Shabaka Shakur has been in prison since 1988 for a double murder. There was no physical evidence to tie Shabaka to this crime. No fingerprints, no DNA, no bloodstains, no gunshot residue. Shabaka advised the police he was in Queens not Brooklyn when the murders were committed. He provided names of people who the police contacted that corroborated his alibi. Yet when he proceeded to trial, the jury never heard from his alibi witnesses. www.freeshabakashakur.com

Danny Rincon was sentenced to 158 and 1/3 years to life and has been in since June 1992. Danny and three other men have served almost 20 years. Credible evidence provided by a government informant advised the prosecutor Rincon was not the driver of the getaway vehicle. The informant has confessed that he himself drove the vehicle and he never saw Rincon that day.

Ricky Caldwell has been in prison since 1983 after being convicted and sentenced to 50 years to life on two counts of attempted murder of police officer. An eyewitness testified at Caldwell’s trial that he was not the person he witnessed commit the crime. Police officers testified they were sure they shot their assailant. Caldwell had no injuries or gunshot wounds when he was arrested.

Richard Rosario has been in prison since 1996 when he was arrested for a murder in the Bronx and sentenced to 25 years to life. On the day of the murder, Richard was in Daytona, Florida. He returned to New York and immediately went to the precinct to speak with police as they surely were looking for the wrong man. Although Rosario supplied them with the names of 13 alibi eyewitnesses to his whereabouts on the day of the murder, he was arrested, tried and convicted based upon two witnesses who picked his photo out of a book. There was no other evidence linking him to the crime. He did not know the victim, and he did not know the witnesses.

Aaron Waymon was convicted in 1998 and is serving a 25 to life sentence for a murder that another party has confessed to committing. Demaris Tolbert was convicted of the same murder, but Waymon is still imprisoned. A police officer at the scene of the crime gave a description of the perpetrator that fits Tolbert and not Waymon.

Sherman Adams was convicted of first-degree murder and sentenced to life without parole. Adams was tried three times for allegedly killing two men during a shooting outside a crowded nightclub early on the morning of September 13, 1999. The first two trials resulted in hung juries. At his third trial, the eyewitness described the two shooters in a way that excluded Adams: one wore a multi-colored Coogi sweater and the other a white t-shirt. Adams wore dark clothes on the evening of the shooting.

Lonnie Soury, founder of Falseconfessions.org, an advocacy website for wrongfully convicted, said, “There are thousands of men and women in New York State prisons who are innocent. The families here today are fighting to free their loved ones and right a terrible wrong, a life sentence and a wrongful conviction.  We must have a mechanism to bring justice to these men, their families and the victims. Our judiciary and our legislators should follow other states like North Carolina which has established a commission to review these cases.”

James Rivers, Director of Communications for Redemption Point, said, “We are dedicated to saving lives and giving individuals who emerge from prison the resources to succeed . As a result, we are committed to the cause of justice and believe that far too many of the incarcerated have been wrongfully convicted. We call upon the Governor, Attorney General and Chief Justice to provide solutions to this tragedy.”

#  #  #