Wrongful Conviction

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#031 Jason Flom with Brian Ferguson Aug 07, 2017

Show notes

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 production of Lava for Good™ Podcasts in association with Signal Co. No1.

We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

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#030 Jason Flom with Angel Gonzalez Jul 31, 2017

Show notes

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 later revealed to be completely different. Angel signed a statement prepared in English by Detective Marquez, which, combined with the victim’s misidentification, was enough to sentence him to 40 years in jail, despite his having four alibi witnesses testify in his defense. The Innocence Project conducted DNA testing in 2001 that identified one male DNA profile that didn’t match Angel. In 2012, the Innocence Project again conducted DNA testing, this time yielding two distinct male profiles that both excluded Angel as an assailant. On March 10th, 2015, Angel Gonzalez was finally exonerated after serving 20 years in prison. In this episode, he is joined by Vanessa Potkin, Director of Post-Conviction Litigation at the Innocence Project.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

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#029 Jason Flom with Jerry Miller Jul 24, 2017

Show notes

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 him to the crime, in 1982 Jerry Miller was convicted of rape, kidnapping, and robbery. It wasn’t until 2005, when the Innocence Project took on Jerry’s case, that the victim’s clothes were subjected to DNA testing, yielding a profile that excluded him. In 2007, Jerry Miller was exonerated, having spent 25 years in prison for a rape that he didn’t commit. He is joined by Maurice Possley, Senior Researcher at the National Registry of Exonerations and Pulitzer Prize-winning journalist and *New York Times *bestselling author who has written about, investigated and consulted on issues involving criminal justice for more than 30 years.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

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#028 Jason Flom with Robert Jones Jul 17, 2017

Show notes

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, without any evidence to connect them. Robert was sentenced to life in prison. He requested DNA testing for his case, but all of the evidence was either lost or destroyed. In 2015, after 23 years behind bars the Innocence Project New Orleans was able to get Robert released from Louisiana’s State Penitentiary, Angola on the basis of prosecutorial misconduct and missing evidence, and he was completely exonerated on January 26th, 2017, his 44th birthday. In this episode, Robert is joined by the Director of IPNO, Emily Maw.

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.

#027 Jason Flom with Jerome Morgan Jul 10, 2017

Show notes

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 IPNO, Kristin Wenstrom.

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.

#026 Jason Flom with Daniel Tapia Jul 03, 2017

Show notes

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 which provides pathways to self-sufficiency for formerly incarcerated people with an aim to stop the cycle of incarceration in low income communities in Louisiana—where he is able to pursue his passion of guiding other men and women in changing themselves, their communities, and the circumstances around them.

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.

#025 Jason Flom with Anthony DiPippo Jun 26, 2017

Show notes

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 sexually molested by Gombert in a similar fashion, with their limbs bound and with clothing stuffed in their mouths. These women were not allowed to testify in Anthony’s new trial, nor was Joseph Santoro, who was incarcerated with Gombert and had heard him talk about raping Wright, along with another young girl. Anthony DiPippo was again convicted in 2012, even though two of the three teenagers who had testified against him had recanted their testimonies, claiming that detectives had threated to charge them with the murder if they didn’t implicate Anthony DiPippo and Andrew Krivak. In 2016, Anthony was again ordered a new trial, and this time the testimonies of Santoro and the other women who had been assaulted by Gombert were admitted. Additionally, Dominic Neglia recanted his initial accusation against him. On October 11th, 2016, Anthony DiPippo was acquitted and released after serving 19 years in prison.

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.

#024 Jason Flom with Antoine Day Jun 19, 2017

Show notes

On September 1, 1990, Thomas Peters and James Coleman were shot while shooting craps outside a liquor store on the west side of Chicago, IL at about 1:30 am. The men were taken to a hospital, where Peters died and Coleman was treated and released for a gunshot wound in the back. Day and a codefendant were arrested eight days later after a nephew of Peters and witness to the crime, told police they were the shooters. Despite several other witnesses willing to attest to Day’s innocence, both he and his codefendant were found guilty and sentenced to concurrent prison terms of 60 years for murder and 25 years for attempted murder. In this episode, Antoine Day is joined by Laura Caldwell, a former civil trial attorney who is now the director of Life After Innocence.

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.

#023 Jason Flom with Johnny Hincapie Jun 12, 2017

Show notes

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 association with Signal Co. No1.

See omnystudio.com/listener for privacy information.

#022 Jason Flom with Kristine Bunch and Obie Anthony (Live from the Innocence Network Conference 2017) May 01, 2017

Show notes

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 near the scene of the crime. He was exonerated in 2011 after serving 17 years in prison. Obie Anthony is the founder and president of Exonerated Nation, a non-profit organization that offers exonerees a variety of support services so that they may successfully transition to life outside of prison and reintegrate back into society. His activism was instrumental in the passage of California AB 672 in October 2015, now known as Obie’s Law, which requires the Department of Corrections and Rehabilitation and the DMV to provide up to one year of transitional services including job training, housing assistance, and mental health services to all eligible exonerees released from state prison.

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.

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