WEBVTT - #545 Jason Flom with Fredrico Lowe-Bey 0:00:03.160 --> 0:00:08.040 During the late nineteen eighties, Frederico Lobey was routinely harassed 0:00:08.400 --> 0:00:11.959 by Saint Louis police officers Rubin Hammon and James Long, 0:00:12.960 --> 0:00:16.440 who previously attempted to convict him on what appeared to 0:00:16.480 --> 0:00:21.440 have been fabricated charges. Then, on May twenty first, nineteen 0:00:21.480 --> 0:00:24.479 eighty eight, a woman claimed that she had been raped 0:00:24.560 --> 0:00:27.920 and sodomized, and officers Hammon and Long had prepared a 0:00:28.000 --> 0:00:31.080 line up for her in which she identified someone who 0:00:31.120 --> 0:00:35.760 did not match her initial description their recurring target, Frederico Lobay. 0:00:36.200 --> 0:00:39.960 But despite multiple factors that damaged the credibility of this id, 0:00:40.479 --> 0:00:46.000 Frederico was sent away for eighty five years. This is 0:00:46.040 --> 0:00:53.520 wrongful Conviction. You're listening to Wrongful Conviction. You can listen 0:00:53.600 --> 0:00:56.040 to this and all the Lava for Good podcasts one 0:00:56.080 --> 0:00:59.320 week early and ad free by subscribing to Lava for 0:00:59.360 --> 0:01:10.959 Good Plus on Apple Podcasts. Welcome back to Ronful Conviction, 0:01:11.040 --> 0:01:13.959 where we head to Saint Louis, Missouri to discuss not 0:01:14.120 --> 0:01:18.560 only rape and sodomy allegations, but also a damning backstory 0:01:18.560 --> 0:01:22.399 that alone cast out on this conviction. But before we 0:01:22.480 --> 0:01:26.800 introduce the man who has been surviving this ordeal for 0:01:26.920 --> 0:01:30.480 decades and decades. Now we're joined once again by his 0:01:30.600 --> 0:01:35.600 attorney from Centurion Ministries, Paul Castellero. Paul, thanks for coming back, 0:01:35.959 --> 0:01:40.280 my pleasure and with us today. Calling in from a 0:01:40.319 --> 0:01:44.720 Missouri correctional facility, we have Frederico Lobe. I'm sorry you're there, 0:01:44.760 --> 0:01:48.680 but we appreciate you calling in definitely. Will So tell 0:01:48.760 --> 0:01:50.279 us about growing up in Saint Louis. 0:01:50.760 --> 0:01:53.960 I had four brothers and two sisters. We all grew 0:01:54.000 --> 0:01:56.560 up in the Saint Louis housing project. My mother and 0:01:56.680 --> 0:01:59.160 father they were good people, man. You know. My mother 0:01:59.280 --> 0:02:03.760 she was school teacher. She was also a cafeteria supervisor 0:02:04.040 --> 0:02:06.760 Scaint Lots Public Schools. And my father he drove a 0:02:07.120 --> 0:02:09.640 truck for the seven F company. And growing up in 0:02:09.680 --> 0:02:11.600 the project, you have to have something to do. And 0:02:11.639 --> 0:02:14.040 I took a boxing so I was pretty good at 0:02:14.080 --> 0:02:16.799 at one time. And so I was going to school 0:02:16.840 --> 0:02:19.320 and I was boxing, and I had a job also. 0:02:19.680 --> 0:02:22.840 I worked at a place called Span Building Maintenance where 0:02:22.840 --> 0:02:24.840 we cleaned office buildings. 0:02:24.360 --> 0:02:27.400 At Unfortunately, in nineteen eighty one, he caught a gun 0:02:27.480 --> 0:02:29.760 charge that sent him away for a forty five day stint, 0:02:29.800 --> 0:02:33.320 but also introduced him to the Moorish Science Temple of America. 0:02:33.720 --> 0:02:36.840 As a direct result of me serving the time, I 0:02:36.919 --> 0:02:38.480 was able to go to one of the meetings of 0:02:38.560 --> 0:02:41.920 the Mowis Science Type of America and I became a 0:02:41.960 --> 0:02:45.200 part of the organization. Prophet noble ju I leag He 0:02:45.320 --> 0:02:48.520 brought Islam to the United States of America and then 0:02:48.520 --> 0:02:51.320 the Lewis Science Type of America. We teach nationality and 0:02:51.400 --> 0:02:55.720 divine cree. We teached that blacks are not Negro, black colored. 0:02:56.000 --> 0:03:00.680 He delt with anything else other than Moores. Know that 0:03:00.760 --> 0:03:04.560 the Moors are from the northwestern Jews of Africa. You 0:03:04.560 --> 0:03:07.960 have to proclaim your nationality as being a Moorish American 0:03:08.000 --> 0:03:11.320 and denounced the name Nigro, black colored, del and all 0:03:11.440 --> 0:03:14.840 names that delude to slavery. So all the Moors in 0:03:14.880 --> 0:03:18.840 the United States of America identified as Bay's or ls 0:03:19.000 --> 0:03:20.680 he Ill or beat. 0:03:20.800 --> 0:03:23.360 Y, just like the leader of the Moorish Science Temple 0:03:23.400 --> 0:03:26.799 in Saint Louis, Jerry Lewis Bay. This surname signified a 0:03:26.840 --> 0:03:30.000 connection to their African roots. As folks were escaping the 0:03:30.080 --> 0:03:32.720 jim Crow South during the Great Migration to Northern cities 0:03:32.720 --> 0:03:35.880 and over the following decades, the group fractured into other 0:03:36.000 --> 0:03:39.760 Muslim organizations, including the Nation of Islam, which my own 0:03:39.920 --> 0:03:43.600 late father in law, Muhammad Ali, famously joined back in 0:03:43.640 --> 0:03:44.240 the sixties. 0:03:44.720 --> 0:03:48.480 I remember when Muhammad Ali became Muhammad Ali and he 0:03:48.600 --> 0:03:52.680 joined the Nation of Islam. Cassius Clay is now Muhammad Ali. 0:03:53.040 --> 0:03:56.480 And the kind of prevailing thought was that these people 0:03:56.520 --> 0:03:59.240 were really, Oh, they're dangerous, we should be afraid of them, 0:03:59.320 --> 0:04:02.080 because they kind of gotten out of I guess our 0:04:02.120 --> 0:04:07.160 mainstream Christianity Judaism kind of tracked and now all of 0:04:07.200 --> 0:04:10.920 a sudden, you're, well, you're bringing in this foreign kind 0:04:10.920 --> 0:04:11.680 of religion. 0:04:12.000 --> 0:04:14.960 And that still is the prevailing trend in many pockets 0:04:14.960 --> 0:04:17.719 of American culture, and certainly appears to have been for 0:04:17.800 --> 0:04:21.119 the officers in this case, Ruben Haymond and James Lung, 0:04:21.160 --> 0:04:26.080 who seemed to have been just really interested in Frederico. 0:04:26.400 --> 0:04:29.039 Back in July nineteen eighty seven, Yeah. 0:04:28.880 --> 0:04:31.000 I had gotten out of a call. A guy dropped 0:04:31.040 --> 0:04:33.839 me off at my house, went up to my apartment 0:04:33.920 --> 0:04:36.160 being where my girlfriend and my two children were, and 0:04:36.240 --> 0:04:38.000 next thing we knew, my door would be a ring 0:04:38.200 --> 0:04:41.280 And when I opened the door, officer long headed pistol 0:04:41.320 --> 0:04:43.280 in my face and told me to get my hands up. 0:04:43.560 --> 0:04:45.520 And I asked him, I said, what's this all about it? 0:04:45.520 --> 0:04:47.520 He said, you ran for me and you threw some 0:04:47.640 --> 0:04:49.839 drugs now while he was running from me. If I 0:04:49.839 --> 0:04:51.960 didn't throw them no drugs now, I ain't never have 0:04:52.120 --> 0:04:54.760 no drugs. I get down to the police department and 0:04:54.760 --> 0:04:56.839 that's when he told me that I was being charged 0:04:56.880 --> 0:05:01.240 with possession of potent drugs in marijuana. Once they saw 0:05:01.320 --> 0:05:04.600 that I had made bond, the same officers came back 0:05:04.920 --> 0:05:07.479 less than a week and a half away. This was 0:05:07.560 --> 0:05:11.720 in July of nineteen eighty seven. They saw me entering 0:05:11.760 --> 0:05:14.000 my appointment building with my girlfriend and our chest and 0:05:14.040 --> 0:05:16.680 the shame officers jumped out and told me to get 0:05:16.720 --> 0:05:19.279 my hands up. I was like, hey, had his gun 0:05:19.320 --> 0:05:22.159 pointed in my face, and long had his gun pointed 0:05:22.200 --> 0:05:25.160 at my girlfriend and he asked her who she was. 0:05:25.600 --> 0:05:27.880 He wrote her name and number and everything, if they 0:05:27.880 --> 0:05:30.159 had a birth and all this stuff down. And while 0:05:30.240 --> 0:05:33.239 he was writing it down, he was asking her where 0:05:33.240 --> 0:05:36.520 we was coming from. Did we have any narcotics on us? 0:05:36.520 --> 0:05:38.760 Did we have any weapons on us? And she said, 0:05:38.880 --> 0:05:41.320 we don't have anything on us, and said, well, this 0:05:41.360 --> 0:05:45.240 motherfucker's wanted for a first of grissault. So they took 0:05:45.279 --> 0:05:46.600 me and threw me in the back seat, and the 0:05:46.640 --> 0:05:49.159 police schooer told me that they was locking me up again, 0:05:49.720 --> 0:05:52.240 and I wasn't gonna make bond on this charge. So 0:05:52.960 --> 0:05:55.599 I kept asking them who am I supposed to have assaulted? 0:05:56.160 --> 0:05:58.200 And he said, you'll find out when we get to 0:05:58.240 --> 0:06:01.600 the station. And they kept asking me questions about one 0:06:01.640 --> 0:06:04.880 of our spiritual leaders in the Lewis Science Tymple of America, 0:06:05.200 --> 0:06:08.080 Jerry Lewis Bay, and how do I fit into the 0:06:08.120 --> 0:06:11.400 situation of the Lewis Science type of America. And I 0:06:11.400 --> 0:06:13.960 told him, look, man, I'm not going to tell you anything. 0:06:14.240 --> 0:06:16.600 He said, all you motherfuckers are just alike. We cussed 0:06:16.680 --> 0:06:19.520 me out and call me a bunch of derogatory names, 0:06:19.560 --> 0:06:21.720 and he said, yeah, we did a little research on you, 0:06:22.000 --> 0:06:24.040 and we know what you about. He said, all you 0:06:24.160 --> 0:06:25.719 fucking gangsters are just alike. 0:06:25.880 --> 0:06:28.560 And one of the resting cops testified in the civil 0:06:28.640 --> 0:06:32.279 trial that he believed that any member of that temple 0:06:32.800 --> 0:06:33.440 was a criminal. 0:06:34.120 --> 0:06:37.640 Jerry Lewis Bay was later prosecuted at a Rico trial, 0:06:37.720 --> 0:06:41.760 and it's unclear whether the charges were based in reality, 0:06:42.200 --> 0:06:45.560 or just another instance of the targeted destruction of a 0:06:45.600 --> 0:06:49.760 black leader, or maybe both. Either way, it appears that 0:06:49.800 --> 0:06:52.599 these officers may have been targeting Federico to get to 0:06:52.680 --> 0:06:53.560 Jerry Lewis Bay. 0:06:53.760 --> 0:06:56.520 He kept asking me question about Jerry Lewis Bay, and 0:06:56.560 --> 0:06:58.680 I kept telling him. I said, ain't gonna tell you shit, mate, 0:06:58.680 --> 0:07:00.800 and he said, yeah, we know what you guys I'm about, 0:07:01.120 --> 0:07:03.320 and you one of them, and you're gonna learn today. 0:07:03.360 --> 0:07:05.160 And I was like, what the fuck is you talking about? 0:07:05.200 --> 0:07:08.680 I'm gonna learn today. He got mad at man reaching 0:07:08.720 --> 0:07:10.720 in the back and he had a slapjack in his hand, 0:07:10.800 --> 0:07:13.000 and then he hit me with it, which caused blood 0:07:13.000 --> 0:07:16.720 to trickle down on the right side of my face, 0:07:17.160 --> 0:07:20.120 right aboard my eye. And once we entered the garage, 0:07:20.480 --> 0:07:22.600 Hayman drugged me out of the back seats and while 0:07:22.640 --> 0:07:24.520 I'm down on the ground, they started kicking me in 0:07:24.520 --> 0:07:26.960 and hit me with a flashlight, and so they locked 0:07:27.000 --> 0:07:29.320 me up, and it was a sergeant that came in 0:07:29.680 --> 0:07:31.960 and took the hand cuts up both of me. He said, 0:07:31.960 --> 0:07:33.840 what happened to your face? You must have ran into 0:07:33.880 --> 0:07:37.320 the wall. He booked me to fit my fingerprints and 0:07:37.360 --> 0:07:39.480 all that I did placed me back in the cell. 0:07:39.760 --> 0:07:42.480 And he said, they caught you with some drugs in 0:07:42.520 --> 0:07:45.480 the July to twelfth arrest that they made, and we 0:07:45.560 --> 0:07:47.440 want to know where you getting these drugs from that 0:07:47.520 --> 0:07:49.960 you selling out? Heut side and now those drugs, I said, 0:07:49.960 --> 0:07:52.320 but I'm not locked up on this time for no drugs. 0:07:52.480 --> 0:07:55.080 He said that I had a sawt come find out. 0:07:55.160 --> 0:07:58.000 He used the information that my girlfriend gave him about 0:07:58.360 --> 0:08:01.080 who she was and wrote the least pulled out that 0:08:01.280 --> 0:08:02.240 I was assaulting her. 0:08:02.760 --> 0:08:05.800 This assault arrest never materialized into an indictment, but the 0:08:05.880 --> 0:08:09.480 drug possession allegations made it to trial in April of 0:08:09.600 --> 0:08:10.440 nineteen eighty eight. 0:08:10.680 --> 0:08:15.160 Hayman and law They testified that he had marijuana and 0:08:15.240 --> 0:08:17.280 he dropped it and it was his and the jury 0:08:17.320 --> 0:08:19.840 acquitted him in fairly fast time. 0:08:20.120 --> 0:08:23.200 After I got found, I'd get that Officer Long and 0:08:23.240 --> 0:08:25.840 Officer Hamon was standing on the side of the prosecutor 0:08:26.160 --> 0:08:29.240 and Alficer Hamon told me, he said, nigga, you ain't 0:08:29.280 --> 0:08:31.560 going to walk the street this summer. I say, fuck you. 0:08:32.000 --> 0:08:34.120 They told them he would last the summer. 0:08:34.520 --> 0:08:37.160 I looked at him and I said, fuck you, motherfuck you. 0:08:37.720 --> 0:08:41.040 At that time, the foreman of the jury came and 0:08:41.120 --> 0:08:44.360 shook my hand and told me I better watch those 0:08:44.400 --> 0:08:47.280 guys because they was out to give me. And it 0:08:47.360 --> 0:08:49.720 wasn't thirty days later that I was taughted with this 0:08:49.840 --> 0:08:52.600 right case in May of nineteen eighty eight. 0:08:52.720 --> 0:08:55.280 And the legend victim in this case knew Frederico, as 0:08:55.280 --> 0:08:58.280 did her boyfriend, but he and Frederico were no longer friendly. 0:08:58.600 --> 0:09:00.720 We had a following out about a goain. I let 0:09:00.800 --> 0:09:03.080 him wear a gold chain, and so we got into 0:09:03.160 --> 0:09:06.480 an argument about me receiving my gold chain back. And 0:09:06.880 --> 0:09:09.439 a couple of days after that, they ambushed me one 0:09:09.520 --> 0:09:11.559 one that was coming out of my girlfriend's house and 0:09:11.720 --> 0:09:14.600 the boyfriend walk up to me with a gun in 0:09:14.640 --> 0:09:17.640 his hand, and the brother is walking on the side 0:09:17.720 --> 0:09:20.480 of and I didn't have no gun, and so when 0:09:20.480 --> 0:09:22.560 he got up on me, I was able to punch him, 0:09:22.760 --> 0:09:24.400 and when I hit him, I knocked the gun out 0:09:24.440 --> 0:09:26.719 of his hand. So we got into a scuffle, beat 0:09:26.760 --> 0:09:28.680 him and his brother. We was fighting in the middle 0:09:28.679 --> 0:09:30.720 of the street until we get tired of fighting, and 0:09:30.840 --> 0:09:32.880 if you wanted, jumped in the corn and burnt out 0:09:33.000 --> 0:09:35.920 as a direct result. I'm thinking that this is what 0:09:36.320 --> 0:09:38.200 this arrest may have stemmed from as well. 0:09:38.800 --> 0:09:43.440 So now we have two motivated parties, the cops and 0:09:43.480 --> 0:09:46.560 the alleged victim's boyfriend, And that takes us to May 0:09:46.600 --> 0:09:49.760 twenty first, nineteen eighty eight, and this woman who was 0:09:49.800 --> 0:09:52.160 seven months pregnant at the time, who was believed to 0:09:52.240 --> 0:09:53.640 have been raped and sodomized. 0:09:53.960 --> 0:09:56.240 Yeah, according to the State of May twenty first, nineteen 0:09:56.280 --> 0:10:00.280 eighty eight, the victim is with her boyfriend. They go out, 0:10:00.320 --> 0:10:03.440 like about midnight. They go get Hamburgers or something like that. 0:10:03.800 --> 0:10:05.880 They have a disagreement. She goes out to the car 0:10:06.480 --> 0:10:08.960 and sits in his car and then gets up and 0:10:09.080 --> 0:10:12.600 leaves and starts walking at like what five o'clock in 0:10:12.640 --> 0:10:15.720 the morning, and she's walking down the street. These guys 0:10:15.800 --> 0:10:18.600 come in the opposite direction, three guys, she says, in 0:10:18.640 --> 0:10:21.160 a car and they say, hey, you need a ride. 0:10:21.760 --> 0:10:24.360 She says no. They go down the block, make a 0:10:24.400 --> 0:10:28.080 youth turn, come back, and this one guy jumps out 0:10:28.080 --> 0:10:30.160 of the car and grabs her by the hair and 0:10:30.200 --> 0:10:32.520 pulls her into an alleyway and these other two guys 0:10:32.559 --> 0:10:35.160 get out of the car and hold her down, and 0:10:35.200 --> 0:10:38.640 allegedly at that point the one guy who initially jumps 0:10:38.640 --> 0:10:41.640 out of the car, takes off her underwear. He then 0:10:41.920 --> 0:10:45.800 assaults her orally and then vaginally, and then she gets 0:10:45.880 --> 0:10:48.640 up after it's all done, and runs off and screams, 0:10:48.640 --> 0:10:51.880 and she waves down motorists and good Samaritans take her 0:10:51.960 --> 0:10:54.120 in and they call the police, and the police come. 0:10:54.360 --> 0:10:56.439 And it just so happens that Hammon and Long were 0:10:56.440 --> 0:10:59.600 the first to respond to the scene. Now, they allegedly 0:10:59.679 --> 0:11:02.520 found her underwear and her wallet in an alley way, 0:11:02.800 --> 0:11:05.720 and she described the main attacker as a light skinned 0:11:05.720 --> 0:11:07.120 black man with freckles. 0:11:07.280 --> 0:11:10.720 And although Fredriko is light skin, there's no way in 0:11:10.760 --> 0:11:13.560 the world you could say he has freckles. And she 0:11:13.800 --> 0:11:17.520 allegedly knows Lobee never says anything about it being Lowbay. 0:11:17.880 --> 0:11:20.520 Yes, she stated all three black meals was involved and 0:11:21.040 --> 0:11:22.000 were unknown to her. 0:11:22.559 --> 0:11:26.280 So she goes to the hospital, she is examined and 0:11:26.320 --> 0:11:28.120 a rape kit is created. 0:11:28.320 --> 0:11:30.760 Now, keep the mind. The doctor asked her what was 0:11:30.800 --> 0:11:33.920 the list, and she has six She said, two weeks 0:11:33.960 --> 0:11:35.880 before the rape paint took place. 0:11:36.080 --> 0:11:39.319 Which would make sense because after all, she's seven months pregnant. 0:11:39.400 --> 0:11:43.080 Yeah, no, absolutely, this makes sense. And she maintained she 0:11:43.520 --> 0:11:48.160 wasn't sure whether the assailant didn't ejaculate. That became he 0:11:48.240 --> 0:11:51.440 didn't ejaculate in the case history when she was far 0:11:51.480 --> 0:11:54.040 from sure of that, and it becomes quite relevant a 0:11:54.040 --> 0:11:56.520 couple of years later when DNA is developing and you 0:11:56.520 --> 0:11:59.280 can do testing, because she definitely has semen. 0:11:59.000 --> 0:12:01.760 At her so that it's confusing. She said that she 0:12:01.840 --> 0:12:04.120 hadn't had sex for two weeks prior to the incident. 0:12:04.360 --> 0:12:06.880 She doesn't know whether the assailant had ejaculated, which the 0:12:06.920 --> 0:12:11.200 state eventually solidifies as that the assailant had not ejaculated, 0:12:11.440 --> 0:12:14.880 but there was semen found on the vaginal swab and 0:12:15.440 --> 0:12:17.600 seminal fluid found on the underwear. 0:12:18.040 --> 0:12:21.360 Then the issue becomes ultimately down the road. She says 0:12:21.480 --> 0:12:26.800 that when she gets assaulted, the assailant takes off her underwear, 0:12:26.960 --> 0:12:29.520 that she never puts the underwear on again. 0:12:29.920 --> 0:12:34.160 So if that is to be believed, then follow me here. 0:12:34.240 --> 0:12:37.439 The seminal fluid in the underwear is from a different 0:12:37.520 --> 0:12:40.600 source than the vaginal swap on which there were four 0:12:40.760 --> 0:12:43.560 or five sperm heads, and sperm can survive in a 0:12:43.559 --> 0:12:46.400 female reproductive track for up to five days, so these 0:12:46.440 --> 0:12:48.920 sperm heads could have been the result of an earlier 0:12:49.120 --> 0:12:53.800 unrelated sex act as far as five days into the past, 0:12:54.160 --> 0:12:56.959 or they could be from pre ejaculate, which is male 0:12:57.160 --> 0:13:01.079 glandular fluid that can carry sperm heads from previous ejaculations 0:13:01.120 --> 0:13:04.079 that were deposited in the males urethra. But either way, 0:13:04.400 --> 0:13:07.440 there was an insufficient amount of material to test with 0:13:07.520 --> 0:13:10.560 the methods available back in nineteen eighty eight to determine 0:13:10.559 --> 0:13:13.959 blood type, let alone a DNA profile, So all they 0:13:14.000 --> 0:13:18.160 had to go on was this undetermined seamen source and 0:13:18.200 --> 0:13:18.800 the description. 0:13:19.200 --> 0:13:22.240 Then the next day she calls up the cops wanting 0:13:22.280 --> 0:13:27.760 her wallet, and then Hammon and Long, who are police officers, 0:13:27.760 --> 0:13:31.560 they're not investigators. Traditionally this case on a sexual assault 0:13:31.559 --> 0:13:34.160 would be turned over to a sexual assault unit and 0:13:34.320 --> 0:13:38.120 detectives would be handling, not patrolman. And she has this 0:13:38.200 --> 0:13:41.800 conversation with I believe it was Long, in which she's 0:13:41.840 --> 0:13:46.880 looking for her wallet and he creates a phutto array 0:13:47.160 --> 0:13:50.040 at one o'clock or two o'clock in the morning and 0:13:50.200 --> 0:13:53.400 runs it out to her. And these officers both know Lavea, 0:13:53.760 --> 0:13:57.360 and these officers have been told by the victim that 0:13:57.440 --> 0:14:00.760 the assailants had freckles. They put a punt, and they 0:14:00.760 --> 0:14:04.200 don't attempt to put anybody in there with freckles. Why 0:14:04.240 --> 0:14:06.559 would you not do that? Then, why would you put 0:14:06.640 --> 0:14:09.520 Lobay in there? And you know he doesn't have freckles. 0:14:09.760 --> 0:14:13.359 So they took my photograph, he took my brother's photograph, 0:14:13.400 --> 0:14:16.319 and they took the photographs of three other guys for 0:14:16.520 --> 0:14:18.719 a house and they had her to sign in the 0:14:18.800 --> 0:14:21.440 back of a muffle graph and I'm the one that 0:14:21.800 --> 0:14:22.800 riped the sadomass. 0:14:23.320 --> 0:14:26.480 He's arrested within a couple hours. Do you think one 0:14:26.520 --> 0:14:29.120 of the officers would have said to her, wait a minute, 0:14:29.400 --> 0:14:48.000 Lebay doesn't have freckles, what are you talking about? You know, 0:14:48.040 --> 0:14:51.000 you take her initial description of it, You take the 0:14:51.120 --> 0:14:55.080 idea that she knows Lobey for twenty four hours, she 0:14:55.160 --> 0:14:57.400 doesn't name them, and then all of a sudden, he's 0:14:57.440 --> 0:15:02.520 being named to the two police officers who normally wouldn't 0:15:02.560 --> 0:15:05.880 be investigating a rape. And it's clear they got a 0:15:06.000 --> 0:15:10.120 relationship with Lobay and it's a hostile relationship. After the 0:15:10.160 --> 0:15:14.160 Lobey's acquitted in his marijuana case, these cops told them 0:15:14.200 --> 0:15:16.680 he's never going to make it through the summer. You 0:15:16.760 --> 0:15:20.720 take the idea that Lobay belongs to this Maurris temple. 0:15:20.840 --> 0:15:23.000 I mean, you have all these little factors going in 0:15:23.160 --> 0:15:25.440 and then that's how the case is made. I mean, 0:15:25.920 --> 0:15:27.360 it just stinks. 0:15:28.560 --> 0:15:31.520 And the smell didn't improve with the introduction of an 0:15:31.520 --> 0:15:35.040 additional charge. While Frederico was in pre trial detention, the 0:15:35.080 --> 0:15:38.360 alleged victim claimed that he had called to threaten her 0:15:38.520 --> 0:15:42.000 on June first, nineteen eighty eight, around eleven thirty am. 0:15:42.160 --> 0:15:46.000 She says she was threatened and based on an officer's 0:15:46.040 --> 0:15:50.560 testimony that around that time Lobay was on the phone. 0:15:51.080 --> 0:15:53.600 That's a crazy point. The telephone company to the phone 0:15:53.600 --> 0:15:55.480 call did not come on from out of the Saint 0:15:55.520 --> 0:15:58.640 Louis city too, where I was being illed on eighty eight. 0:15:59.200 --> 0:16:04.040 So, despite the impossibility, witness tampering, which showed an alleged 0:16:04.080 --> 0:16:08.080 consciousness of guilt, was added to Frederico's rape insidomy charges 0:16:08.440 --> 0:16:10.800 for trial in November nineteen eighty eight, and it seems 0:16:10.840 --> 0:16:14.120 his defense was well prepared to combat that allegation. When 0:16:14.160 --> 0:16:16.400 the alleged victim took the stand, they asked that. 0:16:16.440 --> 0:16:19.080 Well, how did she know it was Frederico? She said, 0:16:19.080 --> 0:16:21.920 I remember his voice in the alley. But the officers 0:16:21.920 --> 0:16:24.200 that came in and testified for me, his name was 0:16:24.240 --> 0:16:28.440 Geryl Pitchford. He testified that he worked a floor that 0:16:28.560 --> 0:16:30.680 I was on that day, and I could not have 0:16:30.760 --> 0:16:34.200 been on that phone because at the time that they 0:16:34.280 --> 0:16:36.840 saying that phone call came in, we were longed down 0:16:37.080 --> 0:16:40.040 preparing for visits dead winnisday afternoon, and we logged down 0:16:40.080 --> 0:16:40.760 at ten thirty. 0:16:41.080 --> 0:16:44.160 There was no connection that he called her other than 0:16:44.200 --> 0:16:47.720 her saying it was really fishy. And I don't know 0:16:47.840 --> 0:16:49.400 actually how he got convicted on. 0:16:49.440 --> 0:16:52.480 It, but there's much less confusion about how they managed 0:16:52.520 --> 0:16:54.600 to make the rape inside of me charges stick. 0:16:54.880 --> 0:16:57.160 She cut up on a stand and she stated that 0:16:57.360 --> 0:17:00.200 she remembered me from the neighborhood, and she identified me. 0:17:00.320 --> 0:17:02.520 She pointed to me and said, yeah, that's him. That's 0:17:02.640 --> 0:17:07.200 Ridrico sitting at the table with Mantorny andelain Landis. 0:17:07.720 --> 0:17:11.399 And then somehow the defense didn't impeach this in court 0:17:11.440 --> 0:17:16.600 identification with her initial description. After all, Frederico doesn't have freckles. 0:17:16.680 --> 0:17:20.159 But instead they took a less direct route, starting with 0:17:20.240 --> 0:17:21.240 Officer James Long. 0:17:21.560 --> 0:17:24.720 There's a pre trial hearing and Long says that she 0:17:24.920 --> 0:17:28.600 said the guy had freckles, right. So then they go 0:17:28.680 --> 0:17:32.800 to trial, Long testifies not a word is elicited from 0:17:32.880 --> 0:17:36.000 him about her saying the guy has freckles, right. 0:17:36.080 --> 0:17:39.080 So twice already they had squandered this impeachment evidence and 0:17:39.440 --> 0:17:43.320 it didn't come out until Frederico's girlfriend finally took the stand. 0:17:43.640 --> 0:17:47.560 She talks about right after Fredriko gets arrested on this case, 0:17:47.600 --> 0:17:49.840 she's up at the circuit attorney's office. They're trying to say, 0:17:49.880 --> 0:17:51.760 wait a minute, there's no way he could be the 0:17:51.800 --> 0:17:55.760 person that did this, and the victim is there and 0:17:55.800 --> 0:17:59.000 these two women have a conversation, and during that conversation, 0:17:59.160 --> 0:18:02.560 the victim says, to Frederico's girlfriend, then, in fact, the 0:18:02.600 --> 0:18:05.800 guy had freckles. And so the lawyer brings it out 0:18:05.840 --> 0:18:08.520 from the girlfriend who is his alibi witness, right, And 0:18:08.600 --> 0:18:12.560 of course, you know, the girlfriend alibi witnesses unbelievable because 0:18:12.560 --> 0:18:14.640 she's going to lie to protect them. He doesn't bring 0:18:14.680 --> 0:18:17.280 it out from anybody else. And then the victim says, 0:18:17.600 --> 0:18:20.840 but she's testify, No, I never said to this woman 0:18:21.200 --> 0:18:24.200 at the circuit attorney's office that the guy had freckles. Meanwhile, 0:18:24.320 --> 0:18:26.840 the cop who they're saying is trying to frame them, 0:18:27.240 --> 0:18:30.320 said she said this, and it never comes out. 0:18:30.560 --> 0:18:33.680 And so in addition to the bumbling of this discrepancy 0:18:33.720 --> 0:18:37.080 in the description, they were also prevented from offering evidence 0:18:37.119 --> 0:18:38.679 of the officers motivations. 0:18:38.920 --> 0:18:41.920 They try to prove that the cops basically were out 0:18:41.920 --> 0:18:44.360 to get them, and the judge refused to let him 0:18:44.359 --> 0:18:47.200 get into evidence that he had been acquitted on marijuana 0:18:47.359 --> 0:18:50.440 that these two officers testified and a jury found them 0:18:50.480 --> 0:18:52.040 not believable. 0:18:51.760 --> 0:18:54.160 So that strategy was neutered, and then the rape kit 0:18:54.200 --> 0:18:58.639 evidence was presented. Medical expert Joseph Crowe testified about finding 0:18:58.640 --> 0:19:02.920 four or five spermheads without their tails on the vaginal swab. Now, 0:19:03.000 --> 0:19:06.159 sperm begins to degrade immediately upon ejaculation, and tails the 0:19:06.240 --> 0:19:09.240 gread faster than the heads, and remember, sperm can survive 0:19:09.359 --> 0:19:11.720 up to five days in a female reproductive tract. 0:19:11.920 --> 0:19:16.280 He basically talks about, based on the sperm heads without tails, 0:19:16.480 --> 0:19:19.239 how long that indicates they could have been there? And 0:19:19.320 --> 0:19:22.160 the idea was is that that's an indication that they 0:19:22.200 --> 0:19:25.680 were depositive well before this event happened. 0:19:25.840 --> 0:19:29.280 And apostle, isn't it possible that the sperm could have 0:19:29.280 --> 0:19:32.800 been left for pre exaculation leakage to say year. 0:19:33.240 --> 0:19:36.560 Now they're positive that the assailant had not ejaculated, but 0:19:36.640 --> 0:19:40.959 this testimony makes room for two possibilities, one an earlier 0:19:41.040 --> 0:19:44.520 sex act, or two that the assailant may have deposited 0:19:44.600 --> 0:19:48.760 pre ejaculate. However, with the primitive methods that were available 0:19:48.760 --> 0:19:51.399 back in nineteen eighty eight, Crow testified that they couldn't 0:19:51.400 --> 0:19:54.240 pull a blood type, let alone a DNA profile from 0:19:54.280 --> 0:19:58.119 either the swab or the underwear seminal stain due to 0:19:58.160 --> 0:20:01.080 the small amount of material available, which Crow and the 0:20:01.119 --> 0:20:04.520 prosecution implied was further proof that the material had been 0:20:04.600 --> 0:20:09.680 from a previous, unrelated sex act, which at maximum happened 0:20:09.720 --> 0:20:13.960 five days into the past by today's knowledge and according 0:20:13.960 --> 0:20:17.320 to Crowe at that time twenty four hours Max. 0:20:17.400 --> 0:20:20.440 Keep in mad he has a report in his position 0:20:20.840 --> 0:20:23.520 to say is that the victim had not had sex 0:20:23.560 --> 0:20:25.560 for two weeks. Prides at the race heavens. But he 0:20:25.680 --> 0:20:28.840 comes to court and he testifies that this possible best 0:20:28.840 --> 0:20:31.800 firm could have been there from an old six act, 0:20:32.080 --> 0:20:34.399 but he could never be there from an old six acres. 0:20:34.480 --> 0:20:36.639 She had not had sex for two weeks, Prides and 0:20:36.720 --> 0:20:37.640 rate avenue. 0:20:37.400 --> 0:20:41.440 Yet that critical impeachment evidence evaded defense counsel. 0:20:41.680 --> 0:20:46.159 The lawyers representing Lobey don't have a legible copy of 0:20:46.200 --> 0:20:50.159 the medical record, and as a result, they don't know 0:20:50.640 --> 0:20:55.720 that she's told medical people within an hour of being 0:20:56.000 --> 0:21:00.399 brought in after being assaulted, that she hadn't had sex 0:21:00.480 --> 0:21:04.159 in two weeks with anybody. The original legible copy of 0:21:04.200 --> 0:21:06.680 the medical record goes into evidence. 0:21:06.600 --> 0:21:09.760 And this legible copy, with the statement about no sexual 0:21:09.840 --> 0:21:13.560 activity for two weeks was not discovered by Frederico's team 0:21:13.680 --> 0:21:18.639 until two thy fourteen. Now, perhaps the prosecution shared this 0:21:18.760 --> 0:21:22.119