Category Archives: Profiles

Pamela Smart – Incarcerated

Pamela Smart is seeking a commutation of her sentence of life without parole. Pamela Smart was imprisoned at the age of 22 and has now served nearly 32 years behind bars. She is the longest serving woman inmate in New York State, residing at Bedford Hills Correctional Facility.

Pamela has expressed deep remorse and taken responsibility for her behavior that led to the murder of her husband Gregg Smart.

Her trial was a sensational display of how a narrative contrary to the facts in the case can drive the media and the courtroom. Like Amanda Knox, as well as Damien Echols and the West Memphis 3, facts are often obscured or ignored completely to gain a conviction or produce a sensational news report. In Pamela Smart’s case, we witnessed this in the extreme. A movie was aired even before her trial, and hers was one of the first trials ever televised gavel to gavel. Over 1200 news articles, almost all based on a prosecution narrative, were exposed to a jury that was not sequestered during trial

Pamela’s life without parole sentence is excessive and inhumane, as well as disproportionate to the sentences of the actual killers. The four young men who killed Gregg Smart have been free for years.

She has worked tirelessly to grow and change. She has dedicated herself to helping others during her three decades in prison. She has helped hundreds of women get their high school diplomas, associates, and bachelor’s degrees, worked as a certified HIV/AIDS counselor, and is currently in her 7th term as the elected grievance representative. She has furthered her own education by achieving a Doctorate in Biblical Studies, a Master of Science in Law, and a Master of Fine Arts in English Literature. She graduated from all three programs with a 4.0 GPA.

Pamela was selected by her Pastor for a leadership position in her church and has served her church community in that role for decades.

She is now asking New Hampshire’s Governor Christopher Sununu, the New Hampshire Executive Council and the Office of the Attorney General to have mercy on her and reduce her sentence so that she can return home.

If you can please support Pamela Smart’s effort to gain a commutation of her sentence. Reach out to New Hampshire Governor Sununu, Attorney General John M. Formel, as well as New York Governor Kathy Hochul, and New York’s Attorney General, Letitia James and other elected officials in New York and New Hampshire.

See pamelasmart.com

The Honorable Chris Sununu
Governor
State House
107 North Main Street
Concord, NH 03301
(603) 271-2121
(603)271-7680 Fax

Attorney General John M. Formell
New Hampshire Dept of Justice
33 Capitol Street
Concord, NH 03301

The Honorable Kathy Hochul
Governor of New York
NYS State Capitol Building
Albany, NY 12224
1-518-474-8390

Attorney General Letittia James
The Capitol
Albany, NY 12224-0341

 

Taron Hill

STATEMENT BY FAMILIES AND FRIENDS OF THE WRONGFULLY CONVICTED, INC.

Families of the Wrongfully Convicted, Attorney Justin Bonus and co-founder Derrick Hamilton applaud New Jersey State Attorney General Gubrir Grewal and his colleagues in the Statewide Conviction Review Unit vacating the conviction of Taron Hill, who was wrongfully convicted of a murder that his brother committed in Camden, NJ. In 2004. He was released on Friday, July 9, 2021, in Camden, NJ.

Hill has served 14 years of a 60-year sentence imposed in 2007, even though Hill’s older brother had admitted that he was the shooter. It was a double homicide in which two innocent bystanders were killed. He was identified by a woman who was a drug addict through a single photograph. Even though she had named another man as the person she saw, not Taron. The only other pieces of evidence against Taron are jailhouse informants, who both have recanted.

Almost immediately after Taron’s conviction, family members came forward and told authorities and the court that Anthony confessed. Now the NJ AG’s Office, in their first case that they have handled, are vacating this conviction.

Attorney Justin Bonus and Derrick Hamilton said, “The New Jersey Attorney General has proven that transparency and cooperation with defense lawyers and family members can actually result in justice. Other states and municipalities across the country can learn from the integrity shown by New Jersey State Attorney General Gubrir Grewal and his colleagues in the Statewide Conviction Review Unit. It does not have to remain an adversarial relationship. In fact, justice is served when it is a cooperative effort.”

Notice of Motion for a New Trial HILL CRU

State’s Response Brief to Defendant’s Motion for New Trial (McBride)

Nelson Cruz – Incarcerated

Nelson Cruz, Victim of Notorious NYPD Detective Louis Scarcella, Fights to Overturn Conviction

Updates:

Listen to Podcast with Nelson Cruz, innocent victim of notorious Detective Louis Scarcella, currently serving a life sentence.

Nelson Cruz was 16 years old in 1998, when he willingly went to the 75th precinct in East New York to answer cops’ questions about a street murder. He has never made it out of prison since that day. Twenty-two years later, he remains behind bars in New York State for a crime he never committed and one that was actually witnessed by two NYPD patrol officers.

“I’ve been here since I was a kid, since day one, since I went from the precinct to Rikers Island,” said Cruz, who has spent more than half of his life behind bars.

On April 3, 1998, Nelson Cruz was arrested for the murder of Trevor Vierra. 

NYPD officers actually witnessed the murder of and arrested a “male Hispanic with a ponytail” who they saw killing Trevor Vierra on March 28, 1998. One officer reported that he saw the man pointing a black gun at the victim and sees a “muzzle flash.” Police, with their guns drawn, arrested a ponytailed man who was then handcuffed after dropping his gun and brought to the 75th Precinct for his arrest

Eduardo Rodriguez was identified as the “Ponytail guy” who the officers observed shooting and killing Vierra. But, when brought to the precinct for processing and interrogated by detectives, Rodriguez bizarrely implicated Nelson Cruz as the actual perpetrator who shot and killed the deceased. Even though the police identified Rodriguez, and he was caught rapidly firing when Police came on the scene, Rodriguez, was never called at the trial, and totally dissipated from the case. Why?

Eduardo Rodriguez allegedly informed the police while in the precinct under interrogation that Nelson Cruz, not himself was the person who shot and killed the deceased. Based on this erroneous identification by Rodriguez, detective Louis Scarcella and his partner Stephen Chmil with tunnel vision began building their case against Nelson Cruz.

Nelson Cruz says his life changed when a detective named Louis Scarcella walked into the room.

“He tried to get a confession out of me at the precinct,” Cruz said. “And when I refused to sign it, he became frustrated, crumpled up the paper and slapped me in the face with it. He told me, ‘Listen, you just sign the paper, and you’ll go home.’ I told him, ‘I’m not signing any paper.’ “

Internal NYPD reports show that Scarcella and his partner did interview two police officers who happened to be on the street at the time of the murder.

Clearly, the case shifted after Scarcella and his partner arrived at the precinct. 

Cruz would spend the next 22 years in prison fighting to prove his innocence

Finally, in 2019, Nelson Cruz was granted a hearing to overturn his conviction before Judge Simpson in Kings County Criminal Court. The six-month hearing brought forth over nine witnesses attesting to Nelson Cruz’s innocence including retired NYPD officer William Piatti, the NYPD patrolman who witnessed the murder and arrested the guilty party, Eduardo Rodriguez.

For attorney Justin Bonus and wrongful conviction legal expert and exoneree Derrick Hamilton, the case for Cruz’ innocence was never in doubt. But, in a shocking decision by a clearly erratic Justice ShawnDya Simpson, Nelson Cruz was denied a new trial.

Devastated by the Judge’s decision, attorneys requested that she reconsider her bench decision. While the Judge agreed to further oral arguments, immediately after her erratic decision she resigned due to medical issues. It was subsequently revealed that Judge Simpson was unfortunately suffering from Alzheimer’s. In a final affidavit filed with the request to the court for a review of the hearing, Judge Simpson’s husband revealed that she was clearly suffering the effects of Alzheimer’s disease during Nelson Cruz’ hearing.

For a detailed report on the case and the Judge’s decision, see article on

In Pro Public by Joe Sexton.

Nelson Cruz, Louis Scarcella, and Another Plea for Innocence, Sean Piccoli

NBC: I-Team: Brooklyn DA Looking Into Another Murder Case Connected to Embattled Detective

Affidavit In Support Of Motion To Reargue And Renew

Vincent Simmons – Incarcerated

In 1977, two 14-year-old twin 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. They could not provide many details when they went to the police two weeks after the alleged attack. There were no corroborating witnesses and no evidence at all of a rape and kidnapping.

That 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 limited 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 police 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 the chest. Surviving the shooting, and facing the death penalty, he was convicted at a hasty trial less than 60 days after arrest and sentenced to 100 years in prison.

This is a story you hear about when speaking of Jim Crow and the “rape myth” involving Black men and white women that resulted in so many lynchings and wrongful convictions. Nearly 44 years later, Vincent Simmons remains in Angola State Penitentiary. This is arguably his last chance at freedom in a new motion to overturn his conviction. 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, Vincent Simmons needs your support.

Click here for images of Vincent Simmons shackled in witness lineup.

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

For more information:

CBS News looks at Vincent Simmons innocence. He has served 44 years in prison for the rape of two 14-year-old white girls in 1977 that never happened.

Simmons Seeks Summary Judgement to Vacate Conviction and 100 year Sentence

Supplemental PCR Memo

Judge in Vincent Simmons Innocence Hearing Removed for Relationship with Witnesses

Motion to Recuse Prosecutor Charles Riddle and Judge Spruill in Vincent Simmons innocence hearing

CNN: This prisoner says he’s been waiting 43 years for a fair trial in a racist Louisiana parish. A hearing may be his final chance

New Motion to Vacate Conviction – October 20, 2020

Press Release: New Motion to Vacate Conviction

In the Media: New attorney wants Vincent Simmons sentence, conviction vacated 

In the Media: New evidence appears to clear man of 1977 attempted rape conviction

freevincent.com

The Farm: Life Inside Angola Prison Vincent Simmons Parole Hearing (YouTube)

Documentary – Shadow of a Doubt: Vincent Simmons (YouTube)

NBC News

Facebook

Wikipedia

Contact

Lonnie Soury: lsoury@soury.com</p

Kariem (Kareem) Broxton – Incarcerated

Kariem (Kareem) Broxton is an innocent man who has been in prison for approximately 23 years and has been denied an evidentiary hearing despite recantation of witnesses and 13 new affidavits. The same key coerced witnesses’ testimony that ultimately got him convicted have recanted. However, the district attorney and Judge have stated, they aren’t credible now! These witnesses have never met or knew Kariem Broxton before or after the conviction and only want to do the right thing, but the courts are not allowing them to. This new evidence can most certainly free him. The law continues to be unjust and does not serve equity. One of the victim’s stated during trial, “ Kariem Broxton did NOT shoot me and I never saw him with a gun or shoot anyone” Yet, Kariem is charged with attempted murder for shooting this victim…. This is not only unjust to Kariem, but to the victims and victims family members. We a requesting that the conviction unit review his case and grant him an evidentiary hearing. Kariem Broxton deserve to be FREE! The Families of the victim deserves Justice, reinvestigate this case.

This could be you, your son, brother, nephew, cousin or friend. This petition requires and deserves our signature, Kariem Broxton deserves an evidentiary hearing so evidence can be heard and presented and an innocent man can be be freed from a crime he did not commit. Also, the victims deserve justice.

To show your support please go to http://chng.it/BSxkVXmf

Kevin Smith – Paroled, awaiting exoneration

Kevin Smith was paroled in 2012 after serving 27 years in prison for a crime he did not commit. He is now seeking a new trial based upon new evidence of his innocence before Kings County Supreme Court Justice Miriam Cyrulnik. His case has languished in the Kings County DA’s Conviction Review Unit for five years.

On October 15, 1987, Kevin Smith was convicted of murder based solely on the testimony of a single witness whose credibility was dubious at best. Although Smith did not know the witness, at trial the witness stated that he knew Smith prior to the crime. However, during the initial police interview on the night of the crime, the witness did not provide the name(s) of any suspect(s).

During the trial the witness refused to testify. Detectives went to the witness’s house, kicked his door in, and took him out in handcuffs. The witness was brought before the trial judge where he stated under oath that he did not witness the shooting and therefore, could not identify Smith as the perpetrator; the witness also swore that he did not see Smith at the scene of the crime. After the witness gave this sworn statement exonerating Smith, the trial judge released Smith on his own recognizance.

The case was adjourned for five days and Smith’s trial counsel had informed him that the case would be dismissed when he returned to court after the Labor Day holiday. Unfortunately, upon leaving the judge’s chambers, the witness was immediately arrested on a felony complaint of the prosecutor’s office for perjury. The witness was held in the 81st precinct against his will for five days. The witness was not allowed to see to his family, friends or a lawyer. The witness was also denied a phone call. The witness was told by an ADA that if he took back what he told the judge, he would be able to get out of jail. After being threatened and pressured by ADA Paul Burns, the witness recanted his testimony to the judge and told the jury that he did witness the crime and that Smith was involved. Smith’s lawyer had informed him that the reason the district attorney pursued the case was because of fabricated and falsified evidence of detective Louis Scarella, who stated that Smith was involved in the crime.

Detective Scarcella was one of the lead detectives in the case. He falsely reported that his codefendant implicated himself and made a statement that Smith had something to do with the murder. Scarella further lied on the witness stand. Smith and Divine have secured affidavits from several people familiar with or present at the time of the murder, who attest that they did not commit the murder.

Smith spent 27 years in prison for a crime he did not commit. Since his release from prison in December 2012, he has been a positive force in the community: he has been ordained as a New York State Chaplain, he has worked on numerous campaigns for politicians, and he has been sharing his life experience with at-risk youth. He is the Executive Director and co-founder of Families of the Wrongfully Convicted.

Motion seeking a new trial filed January 2020

Background

2015 letter to Brooklyn CRU

2020 letter to CRU

News articles on Kevin Smith case

John Giuca – Incarcerated

John Giuca was convicted on a charge of second-degree felony murder in the death of 19- year old Mark Fisher in 2003. Giuca was arrested a year after the murder, he was found guilty along with Antonio Russo; both were given a sentence of 25 years to life.

Following the recent defeat of 25-year incumbent District Attorney Charles Hynes, Giuca’s case has garnered new attention from the media, as well as the incoming District Attorney, Kenneth Thompson, who pledged in his campaign to investigate allegations of prosecutorial misconduct by his predecessor. Issues with the case include apparent conflicts of interest between Hynes and several key players in the case, including Hynes’ hiring of Angel Dipietro, a key witness, as an attorney working for his office. Hynes maintains her hiring was unrelated to the Fisher case, however many have publicly cast doubt on this assertion, including Fisher’s own parents, who sued Dipietro in 2007 for alleged negligence in her interaction with their son, who the Fishers’ maintain put him in harm’s way. Further doubts have been cast on the conviction by those who point out that Hynes received a political endorsement from a key witness’s mother, Susan Cleary, during the trial, which was ongoing during Hynes’ 2005 primary election. Giuca’s attorney is currently appealing to DA Thompson to overturn Giuca’s conviction based on these and other allegations of prosecutorial misconduct.

Additionally, three key witnesses have signed sworn affidavits recanting their testimony against Giuca.

Richard Diguglielmo – Paroled

After serving 11 years in maximum security prison, Richard sought to overturn his conviction based upon new evidence that “witnesses were pressured and manipulated into giving an account of the tragic events of October 3, 1996, that matched the prosecution’s theory of the case, but not what they had actually seen.”

After an eight-day evidentiary hearing, the court determined “the most reliable statements made by witnesses regarding the shooting are those that were made on October 3, 1996…before the intimidation, interrogation and will-bending tactics of the police and prosecution were upon him, and at a time when Mr. Dillon had no reason to lie, embellish or otherwise misrepresent the facts.”

The County Court vacated his conviction, ordered his release, and denied the prosecutors the right to re-indict, finding him innocent of all charges. Richard was released from Eastern Correctional Facility on September 19, 2008.

Richard immediately obtained employment with Local 147 of the Sandhogs Union. He established his own residence, reconnected with family and friends, and met and fell in love with a wonderful young woman, and was looking forward to building a future with her.

Nearly two years later, in 2010, the Appellate Division, responding to the DA’s appeal, shockingly reversed the trial court’s rulings, reinstated his conviction, and sent him back to prison to serve out his life sentence. Incredibly, the Appellate Division took this action even though it did not take issue with the Trial Court’s description of the pressure applied to the witnesses or the effect that the pressure had on their statements or on their trial testimony. Without any legal remedies left, Richard with the support of thousands of people, including all the major police unions, has asked Governor Andrew Cuomo for clemency.

Lorenzo Johnson – Awaiting exoneration

Lorenzo Johnson was found guilty of first-degree murder in 1996 at the age of 22 and has spent 16 1/2 years in prison for a crime he did not commit. According to new evidence, Lorenzo was not even in Harrisburg, Pennsylvania on the night of the murder of Tarajay Williams. He was 170 miles away, back home in New York when the murder occurred. Lorenzo was not even accused of participating in the shooting, only of allegedly being near the alley where the murder took place.

As a result of the lack of evidence presented in his original trial, the Federal Appeals Court for the Third Circuit overturned Johnson’s conviction and freed him in January 2012. Rather than respect the court’s decision and allow an innocent man who served almost 17 years in prison to live free, the Pennsylvania Attorney General appealed to the U.S. Supreme Court.  A mere 148 days after gaining his freedom, on May 29, 2012, the United States Supreme Court, in a quick and shocking decision, without even requesting a full briefing and oral arguments, reinstated Lorenzo’s conviction and he was ordered to return to Pennsylvania to resume his sentence of life without parole.

Johnny Hincapie – Exonerated

Johnny Hincapie is serving a life sentence for the 1990 murder of Brian Watkins, a young tourist from Utah visiting New York with his family to attend the US Open Tennis Tournament. Lawyers for Hincapie, who has already served 23 years in prison, have filed a motion to vacate his conviction based on newly discovered evidence and actual innocence.

The only evidence supporting his conviction at the time was a “false confession,” obtained through physical force and coercion, and a line-up identification in which an eyewitness stated Johnny looked “vaguely familiar.” Along with Johnny, seven others were charged with crimes for their roles in the mugging. A witness for Johnny, Louis Montero was wrongfully held in prison for 18 months, and won a settlement from the city for his wrongful arrest. Montero has provided sworn statements that Johnnie was in sight of him the entire time the attack took place and cold not have been involved. Johnny was 18 at the time of the mugging, and had no prior arrests. He is now 41 years old. Johnny’s lawyers have filed a motion to vacate his conviction pursuant to C.P.L section 440.10, based on newly discovered evidence and actual innocence.