1 00:00:03,560 --> 00:00:06,280 Speaker 1: On December twenty second, nineteen eighty nine, in the South 2 00:00:06,320 --> 00:00:09,559 Speaker 1: Side of Chicago, a neighborhood insurance broker visited an auto 3 00:00:09,640 --> 00:00:12,680 Speaker 1: repair shop owner to collect his premium, but to visit 4 00:00:12,800 --> 00:00:18,080 Speaker 1: ended with both men fatally shot. Investigators allegedly received an 5 00:00:18,079 --> 00:00:20,639 Speaker 1: anonymous tip that a man known as Peter Gunn and 6 00:00:20,720 --> 00:00:23,799 Speaker 1: his brother may have been involved, which led investigators to 7 00:00:23,840 --> 00:00:26,759 Speaker 1: a young man with that nickname, James Gibson and his 8 00:00:26,800 --> 00:00:32,240 Speaker 1: brother Harold. But Harold had an insurmountable alibi where James 9 00:00:32,280 --> 00:00:36,159 Speaker 1: did not. A lengthy interrogation produced a statement naming two 10 00:00:36,280 --> 00:00:39,600 Speaker 1: other men, Eric Johnson and Fernando Webb, who were also 11 00:00:39,600 --> 00:00:43,240 Speaker 1: brought in for questioning, producing two new statements indicating that 12 00:00:43,360 --> 00:00:46,239 Speaker 1: James Gibson had hired Eric Johnson as a lookout for 13 00:00:46,280 --> 00:00:50,199 Speaker 1: a robbery gone wrong. The courts must have thought that 14 00:00:50,280 --> 00:00:54,480 Speaker 1: allegations of police brutality and coerce confessions were just vain 15 00:00:54,560 --> 00:00:59,640 Speaker 1: attempts to get away with a double murder. But this 16 00:00:59,680 --> 00:01:14,479 Speaker 1: is wrong for conviction. Welcome back to wrongful conviction where 17 00:01:14,560 --> 00:01:18,080 Speaker 1: today we're going once again to Cook County, for he 18 00:01:18,200 --> 00:01:23,200 Speaker 1: had another tragic encounter with John Burge and his midnight 19 00:01:23,280 --> 00:01:26,880 Speaker 1: crew and their unique brand of evil. And although we 20 00:01:26,959 --> 00:01:29,200 Speaker 1: obviously hate what our guests went through to be here, 21 00:01:29,319 --> 00:01:32,240 Speaker 1: we're just absolutely honored to have him here with us. 22 00:01:32,560 --> 00:01:35,800 Speaker 1: James Gibson, Welcome to the show. Thank you, And of 23 00:01:35,840 --> 00:01:39,160 Speaker 1: course with him is a civil rights attorney from Action 24 00:01:39,400 --> 00:01:43,319 Speaker 1: Injury Logroo ab out of Chicago, Andrew M. Stroth. Andrew, 25 00:01:43,560 --> 00:01:44,440 Speaker 1: welcome to the show. 26 00:01:44,640 --> 00:01:45,039 Speaker 2: Thank you. 27 00:01:45,440 --> 00:01:50,120 Speaker 1: Now we've covered Midnight Crew cases before, Marcus Wiggins, Sean Tyler, 28 00:01:50,280 --> 00:01:53,200 Speaker 1: Reggie Henderson, but they don't even begin to scratch the 29 00:01:53,280 --> 00:01:57,480 Speaker 1: service of the depravity and pure evil that was taking 30 00:01:57,520 --> 00:02:01,240 Speaker 1: place under the watch of Detective Commander John Burge, who 31 00:02:01,240 --> 00:02:04,760 Speaker 1: had come off the battlefields of Korea and Vietnam and 32 00:02:04,880 --> 00:02:08,800 Speaker 1: brought with him torture tactics to the streets of Chicago, 33 00:02:09,200 --> 00:02:13,720 Speaker 1: and he was brutalizing suspects and witnesses alike from the 34 00:02:13,840 --> 00:02:17,520 Speaker 1: early seventies through his termination in nineteen ninety three. But 35 00:02:17,880 --> 00:02:23,240 Speaker 1: the torture didn't stop there. It continued on through his cohorts, 36 00:02:23,800 --> 00:02:30,919 Speaker 1: detectives Foley Hallerin Palladino, Boudreau, O'Brien, Maslanka and many many 37 00:02:31,000 --> 00:02:34,840 Speaker 1: others as well as they're enablers in the judiciary and 38 00:02:34,880 --> 00:02:38,079 Speaker 1: the state's attorney's office, and when a crime occurred, they 39 00:02:38,560 --> 00:02:43,480 Speaker 1: kidnapped black children and young men off the streets, seemingly random, 40 00:02:43,720 --> 00:02:45,880 Speaker 1: without any rhyme or reason, and then they'd take him 41 00:02:45,919 --> 00:02:52,560 Speaker 1: to this warehouse torture chamber where they'd beat, electrocute, starve them, 42 00:02:52,919 --> 00:02:57,880 Speaker 1: suffocate them or worse until false statements again would send 43 00:02:57,919 --> 00:03:01,400 Speaker 1: another innocent person to prison. Of course, the real perpetrator 44 00:03:01,440 --> 00:03:03,880 Speaker 1: would get away with the crime. But James, before you 45 00:03:03,960 --> 00:03:07,440 Speaker 1: had the misfortune of meeting these dirt bags. You grew 46 00:03:07,520 --> 00:03:10,000 Speaker 1: up in Chicago, right, So what was your childhood like? 47 00:03:10,200 --> 00:03:12,320 Speaker 2: I grew up in a house of silence. My mother 48 00:03:12,520 --> 00:03:15,160 Speaker 2: was deaf and she did the best that she could 49 00:03:15,600 --> 00:03:17,560 Speaker 2: with the decks that was dealt to her as I 50 00:03:17,600 --> 00:03:20,600 Speaker 2: had to cap African American woman, single parent. 51 00:03:20,919 --> 00:03:22,919 Speaker 1: And you were one of five siblings, right. 52 00:03:23,200 --> 00:03:25,560 Speaker 2: Two of my siblings they passed away before I was born, 53 00:03:25,600 --> 00:03:27,800 Speaker 2: So yes, it would be like five siblings just my 54 00:03:27,840 --> 00:03:28,880 Speaker 2: mother's mediate kids. 55 00:03:28,919 --> 00:03:31,800 Speaker 1: Yes, Wow, that must have been really tough on the family, 56 00:03:31,880 --> 00:03:36,600 Speaker 1: losing two children, I mean one is hard, like impossible 57 00:03:36,600 --> 00:03:39,440 Speaker 1: to get over. Too is too much? Now, what were 58 00:03:39,480 --> 00:03:41,800 Speaker 1: you up to and the lead up to the time 59 00:03:41,840 --> 00:03:42,880 Speaker 1: that this crime occurred. 60 00:03:43,200 --> 00:03:45,240 Speaker 2: I graduated of high school with honors and later went 61 00:03:45,280 --> 00:03:48,480 Speaker 2: on to Walie College in Marshall, Texas. I was young, 62 00:03:48,680 --> 00:03:51,240 Speaker 2: dating a young lady. We had a baby on the way. 63 00:03:51,360 --> 00:03:53,600 Speaker 2: She was in the military, and it was around the 64 00:03:53,680 --> 00:03:56,520 Speaker 2: holiday season in nineteen eighty nine, and I was on 65 00:03:56,800 --> 00:03:59,840 Speaker 2: a break, trying to get my finances together, trying to 66 00:03:59,840 --> 00:04:03,280 Speaker 2: get my housing together and figure out my next move 67 00:04:03,320 --> 00:04:03,680 Speaker 2: in life. 68 00:04:03,840 --> 00:04:05,960 Speaker 1: Oh, so your girlfriend was in the military, as was 69 00:04:06,000 --> 00:04:09,080 Speaker 1: your sister. So now you're back in Chicago with family, 70 00:04:09,240 --> 00:04:12,040 Speaker 1: getting things ready for your new baby and the holidays. 71 00:04:12,360 --> 00:04:14,400 Speaker 1: Now I want to turn to Andrew to get the 72 00:04:14,400 --> 00:04:17,560 Speaker 1: facts of what happened here these two older gentlemen, as 73 00:04:17,560 --> 00:04:20,600 Speaker 1: I understand it, Lloyd Benjamin and Hunter Wash just around 74 00:04:20,600 --> 00:04:23,920 Speaker 1: the block from James's childhood home at an autobody shop 75 00:04:24,040 --> 00:04:26,320 Speaker 1: that I understand was mister WASH's place of business. 76 00:04:26,640 --> 00:04:31,560 Speaker 3: You're right, mister Wash operated an automobile repair shop and garage. 77 00:04:32,040 --> 00:04:36,800 Speaker 3: His nickname around the neighborhood was Smiley. And then Lloyd Benjamin, 78 00:04:36,839 --> 00:04:41,400 Speaker 3: who everybody knew in the neighborhood, was called the insurance 79 00:04:41,440 --> 00:04:45,919 Speaker 3: man because he sold insurance to the folks in the 80 00:04:45,960 --> 00:04:50,840 Speaker 3: community and collected the premiums, and on December twenty second, 81 00:04:51,400 --> 00:04:55,600 Speaker 3: nineteen eighty nine, he was in the area collecting premiums 82 00:04:55,839 --> 00:05:00,200 Speaker 3: and Lloyd Benjamin and Hunter Wash were murder. 83 00:05:00,680 --> 00:05:04,880 Speaker 1: Right, fatally shot, and it's assumed that the assailant or 84 00:05:04,920 --> 00:05:09,760 Speaker 1: assailants were after those premiums. However, nothing was reported to 85 00:05:09,839 --> 00:05:13,279 Speaker 1: be taken from either victim. And then there's this extra 86 00:05:13,440 --> 00:05:16,400 Speaker 1: added racial dynamic where mister Benjamin was a white guy 87 00:05:16,760 --> 00:05:22,120 Speaker 1: murdered in a predominantly black area. Now, were there any witnesses, leads, 88 00:05:22,720 --> 00:05:23,480 Speaker 1: anything at all. 89 00:05:23,560 --> 00:05:27,120 Speaker 3: There's no witnesses that we believe with any credibility that 90 00:05:27,279 --> 00:05:31,440 Speaker 3: came to the police and said they saw the actual murder, 91 00:05:32,040 --> 00:05:37,280 Speaker 3: No affirmative DNA or other objective evidence. 92 00:05:37,200 --> 00:05:39,240 Speaker 1: So not a lot to go on. But again, this 93 00:05:39,440 --> 00:05:42,359 Speaker 1: was the Midnight Crew, where the pattern in practice was 94 00:05:42,440 --> 00:05:46,560 Speaker 1: to write their own narratives and just coerce it's too 95 00:05:46,680 --> 00:05:49,960 Speaker 1: nice for word, torture people into saying whatever lies they 96 00:05:50,040 --> 00:05:53,400 Speaker 1: wrote down in order to close the case. So somehow 97 00:05:53,480 --> 00:05:57,440 Speaker 1: or another, James's nickname Peter Gunn got thrown into the mix. 98 00:05:57,640 --> 00:06:00,160 Speaker 2: But they said on a record today was anonymous off 99 00:06:00,200 --> 00:06:03,000 Speaker 2: from a female who did not identify theyself, and then 100 00:06:03,040 --> 00:06:04,880 Speaker 2: they said it was somebody on the street that had 101 00:06:04,920 --> 00:06:07,359 Speaker 2: spread rumors that a god named Peter Gunn and his 102 00:06:07,480 --> 00:06:10,479 Speaker 2: brother had did a crime. And so our detectives had 103 00:06:10,680 --> 00:06:13,560 Speaker 2: entered in my mother's home in South Side Chicago and 104 00:06:13,760 --> 00:06:17,160 Speaker 2: raided the house and arrested my brother, my eldest brother, 105 00:06:17,279 --> 00:06:20,360 Speaker 2: Harold Gibson, and several other guys in the neighborhood. 106 00:06:20,440 --> 00:06:24,039 Speaker 1: So, according to the Midnight Crew, a nameless, faceless source 107 00:06:24,600 --> 00:06:28,120 Speaker 1: and quote unquote word on the street is what led 108 00:06:28,160 --> 00:06:31,120 Speaker 1: them to you and your brother Harold, in addition to 109 00:06:31,160 --> 00:06:35,120 Speaker 1: two other guys, Eric Johnson and Fernando Webb. So when 110 00:06:35,480 --> 00:06:38,160 Speaker 1: and how did you end up in this nightmare? 111 00:06:38,480 --> 00:06:40,920 Speaker 2: I got contacted and so I headed back to my 112 00:06:40,960 --> 00:06:44,000 Speaker 2: mother's home. Once I entered into her home, I noticed 113 00:06:44,000 --> 00:06:45,880 Speaker 2: that my great grandmother at the time, was on the 114 00:06:45,920 --> 00:06:48,400 Speaker 2: floor and the house was in dis ray. Keep in 115 00:06:48,440 --> 00:06:51,039 Speaker 2: mind that my mother cannot hear, so my mother was 116 00:06:51,080 --> 00:06:53,279 Speaker 2: trying to explain or talk the best she could and 117 00:06:53,720 --> 00:06:57,560 Speaker 2: languagees she had. She points over towards a card. The 118 00:06:57,640 --> 00:07:01,560 Speaker 2: card had on it phone numbers and thenify his detectives o' 119 00:07:01,600 --> 00:07:04,839 Speaker 2: myers and Collins. When I called a number on the card. 120 00:07:05,440 --> 00:07:07,440 Speaker 2: At first I thought it was John Burgess, but it 121 00:07:07,480 --> 00:07:10,160 Speaker 2: was Sods and Burn. I get those names kind of 122 00:07:10,160 --> 00:07:13,960 Speaker 2: confused sometimes because I never encountered these people until this moment. 123 00:07:14,000 --> 00:07:16,000 Speaker 2: And they transferred me to whatever they did how they 124 00:07:16,040 --> 00:07:18,600 Speaker 2: did it back then. And they was talking back and forth, 125 00:07:18,840 --> 00:07:21,360 Speaker 2: and I get a knock at the door my mother's house. 126 00:07:21,760 --> 00:07:23,840 Speaker 2: When I opened the door, the door was flooded with 127 00:07:23,920 --> 00:07:26,240 Speaker 2: guns and officers, you know what I'm saying. And so 128 00:07:26,280 --> 00:07:29,280 Speaker 2: they came in and they asked me a few questions. 129 00:07:29,280 --> 00:07:32,800 Speaker 2: I identified myself. They asked me about my nickname, Peter gun. 130 00:07:33,000 --> 00:07:34,720 Speaker 2: I said, yes, my name is Peter Gunn. You know 131 00:07:34,800 --> 00:07:36,720 Speaker 2: my nickname is Peter gun. They said, come with us, 132 00:07:36,760 --> 00:07:40,560 Speaker 2: and they took me to this place on California, somewhere 133 00:07:40,560 --> 00:07:42,400 Speaker 2: in Chicago, and they put me in the room. I 134 00:07:42,480 --> 00:07:45,360 Speaker 2: later learned that it was called Area three, Era three 135 00:07:45,400 --> 00:07:46,240 Speaker 2: a homicide. 136 00:07:46,360 --> 00:07:50,520 Speaker 3: James and his brother were taken into custody and beaten. 137 00:07:50,760 --> 00:07:54,559 Speaker 3: He was kicked, he was slapped by these officers, John 138 00:07:54,640 --> 00:07:57,560 Speaker 3: Burge and the Midnight Crew. He was held overnight. He 139 00:07:57,640 --> 00:08:00,840 Speaker 3: was handcuffed to a chair, not able to sleep, not 140 00:08:00,840 --> 00:08:03,320 Speaker 3: giving any food or drink, nor was he even. 141 00:08:03,160 --> 00:08:04,840 Speaker 2: Allowed to use the washroom. 142 00:08:05,200 --> 00:08:10,280 Speaker 3: James was then put into three different lineups by officers 143 00:08:10,400 --> 00:08:16,080 Speaker 3: O'Mara Collins, Maslanka Palladino, and McCann and he was not 144 00:08:16,360 --> 00:08:19,600 Speaker 3: identified in any of these lineups. 145 00:08:19,400 --> 00:08:22,400 Speaker 1: Right, and it's not hard to imagine that that happened 146 00:08:22,440 --> 00:08:25,400 Speaker 1: even with the most suggestive tactics at the midnight cou 147 00:08:25,440 --> 00:08:25,960 Speaker 1: could muster. 148 00:08:26,200 --> 00:08:28,520 Speaker 2: It was ninet eight hours. They had me in these rooms, 149 00:08:28,600 --> 00:08:31,000 Speaker 2: different rooms, and custody beating on me and slapping on 150 00:08:31,080 --> 00:08:34,719 Speaker 2: me and broke my ribs, burnt me and played all 151 00:08:34,720 --> 00:08:37,240 Speaker 2: in my balls and slapped me around and all that. 152 00:08:37,400 --> 00:08:39,440 Speaker 2: But I had been knocked out a few times. I 153 00:08:39,480 --> 00:08:42,280 Speaker 2: didn't realize that it had been four days, ninety eight 154 00:08:42,280 --> 00:08:44,880 Speaker 2: hours that I had been beat on and towuched and 155 00:08:44,880 --> 00:08:45,680 Speaker 2: all this other stuff. 156 00:08:45,760 --> 00:08:48,199 Speaker 1: Meanwhile, if we can go to like a split screen here, 157 00:08:48,480 --> 00:08:51,679 Speaker 1: you're getting moved from room to room beaten. And your 158 00:08:51,760 --> 00:08:54,240 Speaker 1: sister and her husband were just arriving in town from 159 00:08:54,320 --> 00:08:56,559 Speaker 1: the military at Midway Airport. 160 00:08:56,720 --> 00:08:59,920 Speaker 2: My sister she was doing a transfer from Washington d 161 00:09:00,400 --> 00:09:03,160 Speaker 2: I'm not quite sure she's going to career journey. But 162 00:09:03,320 --> 00:09:06,360 Speaker 2: it was ten hours or twelve hour layover before she 163 00:09:06,440 --> 00:09:08,760 Speaker 2: leaded country, and so by my mother, living a few 164 00:09:08,760 --> 00:09:11,480 Speaker 2: blocks from airports, she came in and found out that 165 00:09:11,480 --> 00:09:13,480 Speaker 2: both of her brothers was in custody. 166 00:09:13,600 --> 00:09:17,439 Speaker 1: But your brother, Harold had such an air tight, convincing 167 00:09:17,760 --> 00:09:21,520 Speaker 1: and provable alibi that they had no choice but to 168 00:09:21,600 --> 00:09:25,559 Speaker 1: eventually drop the charges against him. However, it seems they 169 00:09:25,600 --> 00:09:30,240 Speaker 1: found your alibi to be penetrable enough to continue on 170 00:09:30,760 --> 00:09:35,640 Speaker 1: with this horrible frame job. And meanwhile, unbeknownst to you, 171 00:09:35,640 --> 00:09:38,000 Speaker 1: your sister and her husband were on their way to 172 00:09:38,080 --> 00:09:41,439 Speaker 1: Area three in full uniform. So then what happened? 173 00:09:41,440 --> 00:09:43,640 Speaker 2: They had taken me into a room. It was two 174 00:09:43,679 --> 00:09:46,680 Speaker 2: States attorney one I was a female, the other male, 175 00:09:46,760 --> 00:09:50,680 Speaker 2: and the two detectives Foley fol e Y and another 176 00:09:50,720 --> 00:09:51,880 Speaker 2: guy not quite sure. 177 00:09:52,240 --> 00:09:56,040 Speaker 1: And our audience will remember detective Foley from the awful 178 00:09:56,120 --> 00:09:59,960 Speaker 1: case of Sean Tyler and Reggie Henderson. So what happened 179 00:10:00,200 --> 00:10:00,840 Speaker 1: in this room? 180 00:10:01,200 --> 00:10:04,200 Speaker 2: To stop the beatings, in the torture, after being burned 181 00:10:04,240 --> 00:10:07,040 Speaker 2: and all that stuff, I agreed to make a statement. 182 00:10:07,320 --> 00:10:09,800 Speaker 2: And so they was preparing the statement. They said, we're 183 00:10:09,800 --> 00:10:12,880 Speaker 2: going we want you to put your initiues jag on 184 00:10:13,000 --> 00:10:15,640 Speaker 2: each sentence that we complete, and then we're gonna turn 185 00:10:15,679 --> 00:10:18,320 Speaker 2: it into the state's attorney to stop this ass whooping. 186 00:10:18,400 --> 00:10:21,120 Speaker 2: So at the ninety eighth hour, they going over prepping 187 00:10:21,160 --> 00:10:24,360 Speaker 2: me with the statement to sign. The door bust open 188 00:10:24,400 --> 00:10:27,400 Speaker 2: and with sodge and burned. He busted into the room 189 00:10:27,480 --> 00:10:30,280 Speaker 2: and he whispered something to the state's attorney leers that 190 00:10:30,800 --> 00:10:33,960 Speaker 2: this nigga got the military downstairs, and they asked a 191 00:10:33,960 --> 00:10:36,720 Speaker 2: lot of questions. There was my sister and a husband 192 00:10:36,800 --> 00:10:38,960 Speaker 2: with their uniforms on, and I later found out that 193 00:10:39,000 --> 00:10:41,600 Speaker 2: they was talking to John Burds at the time, and 194 00:10:41,640 --> 00:10:44,520 Speaker 2: so man Alaska and Panadeno, I think that's the name 195 00:10:44,559 --> 00:10:46,520 Speaker 2: that if I promound them right that came in. She 196 00:10:46,600 --> 00:10:48,959 Speaker 2: told him get his ass out of here and take 197 00:10:49,000 --> 00:10:50,720 Speaker 2: him down the other way and get him out of here, 198 00:10:50,880 --> 00:10:53,920 Speaker 2: and boomlegs for me find to sign the double murdered 199 00:10:53,920 --> 00:10:56,880 Speaker 2: confessions to stop the beating to snatching my ass up 200 00:10:56,960 --> 00:10:58,959 Speaker 2: and running me down the back stepth and throwing me 201 00:10:59,000 --> 00:11:00,040 Speaker 2: in the backseat of a car. 202 00:11:00,160 --> 00:11:04,360 Speaker 1: Which doesn't really sound like standard operating procedure for a 203 00:11:04,440 --> 00:11:07,760 Speaker 1: suspect and a double murder. Right, had as much sarcasm 204 00:11:07,800 --> 00:11:09,800 Speaker 1: to that as you possibly can, because I hope it 205 00:11:09,880 --> 00:11:12,840 Speaker 1: was dripping with it, and then I understand they just 206 00:11:13,440 --> 00:11:14,760 Speaker 1: took you home that. 207 00:11:15,120 --> 00:11:16,760 Speaker 2: They was like, we're gonna drop you off, so and 208 00:11:16,800 --> 00:11:18,600 Speaker 2: I told them it would take me in an alley, man, 209 00:11:18,679 --> 00:11:20,040 Speaker 2: drop me off in the back. I don't want no 210 00:11:20,080 --> 00:11:22,040 Speaker 2: motherfucker seeing me with y'all man, y'all be in and 211 00:11:22,080 --> 00:11:24,080 Speaker 2: there beating on me and shit. And now you're gonna 212 00:11:24,120 --> 00:11:25,720 Speaker 2: drop me off in front of my house, like y'all 213 00:11:25,720 --> 00:11:27,800 Speaker 2: my friend and shit, they might think I'm telling something. 214 00:11:27,960 --> 00:11:29,600 Speaker 2: So they dropped me off in the back of the house. 215 00:11:29,640 --> 00:11:31,880 Speaker 2: And as I was coming in the side dope at 216 00:11:31,880 --> 00:11:34,719 Speaker 2: my mother's house, my sister's coming in the front dough 217 00:11:35,000 --> 00:11:36,880 Speaker 2: and all of the kids in them. They read to 218 00:11:36,920 --> 00:11:39,320 Speaker 2: try to embrace me, but I had injuries I didn't 219 00:11:39,320 --> 00:11:41,360 Speaker 2: know I had on my body. So when they went 220 00:11:41,400 --> 00:11:45,200 Speaker 2: to grab me out, I broke down and my sister's like, 221 00:11:45,360 --> 00:11:47,560 Speaker 2: what's going on? Is wrong with you? And so that's 222 00:11:47,559 --> 00:11:49,920 Speaker 2: when me and my sister had a conversation about many 223 00:11:50,040 --> 00:11:51,960 Speaker 2: this is what they did to me, And so she 224 00:11:52,240 --> 00:11:54,319 Speaker 2: before I know it, she grabbed the phone and started 225 00:11:54,320 --> 00:11:56,600 Speaker 2: calling some military people and stuff, and they gave her 226 00:11:56,600 --> 00:11:58,559 Speaker 2: a phone number. The call she ended up calling down 227 00:11:58,600 --> 00:12:00,040 Speaker 2: into ops. 228 00:11:59,840 --> 00:12:03,320 Speaker 1: And OPS stands for Office of Professional Standards, which was 229 00:12:03,360 --> 00:12:06,960 Speaker 1: founded in the nineteen seventies to carry out independent investigations 230 00:12:06,960 --> 00:12:09,679 Speaker 1: of mounting allegations of police brutality. 231 00:12:09,960 --> 00:12:12,160 Speaker 2: I didn't notice at that time you can call the police. 232 00:12:12,160 --> 00:12:14,480 Speaker 2: On the police. My sister was like, man, they did this, 233 00:12:14,480 --> 00:12:16,520 Speaker 2: it's a gainst the law. I'm locking the ass up. 234 00:12:16,600 --> 00:12:19,000 Speaker 2: OPS ended up getting in the phone car. His name 235 00:12:19,040 --> 00:12:21,000 Speaker 2: was Ortiz or something like that. I say, man, they 236 00:12:21,040 --> 00:12:22,880 Speaker 2: beat my head of it. They say, man, can you identify? 237 00:12:23,000 --> 00:12:24,680 Speaker 2: I tell him on the name on the card, and 238 00:12:24,679 --> 00:12:26,480 Speaker 2: that what happened? Say, man, hold On almost sent a 239 00:12:26,520 --> 00:12:27,440 Speaker 2: cop to get. 240 00:12:27,320 --> 00:12:30,560 Speaker 1: You tomorrow, but as I understand it, there was another 241 00:12:30,640 --> 00:12:33,040 Speaker 1: car coming for you that night. It turns out that 242 00:12:33,080 --> 00:12:35,839 Speaker 1: the Midnight crew had also been working on Fernando Webb 243 00:12:35,880 --> 00:12:38,720 Speaker 1: and Eric Johnson, who had probably been made aware of 244 00:12:38,760 --> 00:12:42,160 Speaker 1: your alleged statement. What was in that statement. 245 00:12:42,400 --> 00:12:44,679 Speaker 2: The contest of the false statement after the ninety eight 246 00:12:44,679 --> 00:12:46,680 Speaker 2: hours a torture me and beat me and burning me 247 00:12:46,800 --> 00:12:49,200 Speaker 2: was that I was outside of the garage and seeing 248 00:12:49,320 --> 00:12:52,600 Speaker 2: Eric Johnson hand the gun to Bodine which is Falander 249 00:12:52,679 --> 00:12:54,280 Speaker 2: Web and committed the crime. 250 00:12:54,800 --> 00:12:57,080 Speaker 1: So the statement placed you as a witness even though 251 00:12:57,080 --> 00:13:00,120 Speaker 1: you hadn't seen anything, and it looked like Webb was 252 00:13:00,240 --> 00:13:03,120 Speaker 1: actually their target, at least at the time that you 253 00:13:03,160 --> 00:13:04,000 Speaker 1: gave your statement. 254 00:13:04,240 --> 00:13:07,600 Speaker 3: It's our perspective, based on the evidence that we reviewed, 255 00:13:08,200 --> 00:13:12,160 Speaker 3: that Fernando Webb, who was a heroin addict, had a 256 00:13:12,240 --> 00:13:16,840 Speaker 3: history of weapon offenses, a history of armed robberies, attempted murder, 257 00:13:16,840 --> 00:13:21,280 Speaker 3: and other violent crimes, was the person that committed this 258 00:13:21,400 --> 00:13:22,480 Speaker 3: double murder. 259 00:13:22,679 --> 00:13:25,160 Speaker 1: And as we so often see, somebody who's in a 260 00:13:25,200 --> 00:13:28,679 Speaker 1: position like Web was maybe tempted to trade false information 261 00:13:29,200 --> 00:13:33,040 Speaker 1: for leniency or even freedom. So what did his statement say? 262 00:13:33,320 --> 00:13:36,440 Speaker 2: That he was shooting heron and he was walking his 263 00:13:36,480 --> 00:13:39,200 Speaker 2: dog to go get him another fix a heron and 264 00:13:39,240 --> 00:13:41,680 Speaker 2: that he walked up to a guy with a gun 265 00:13:41,760 --> 00:13:44,280 Speaker 2: in his hand and he asked this guy with the 266 00:13:44,320 --> 00:13:46,559 Speaker 2: gun in his hand, man, what's up? And then he 267 00:13:46,640 --> 00:13:49,200 Speaker 2: got three blocks away in her gun shots? Did they 268 00:13:49,200 --> 00:13:51,880 Speaker 2: turn out identified the guy that he asked, what's up 269 00:13:51,920 --> 00:13:53,880 Speaker 2: with the gun in his hands? Peter Gun? 270 00:13:54,120 --> 00:13:57,480 Speaker 1: And it's unclear when this statement was made. Perhaps Webb 271 00:13:57,600 --> 00:14:00,320 Speaker 1: was even the original source of your nickname. Either way, 272 00:14:00,720 --> 00:14:04,400 Speaker 1: his false statement made James the shooter and completely removed 273 00:14:04,400 --> 00:14:07,720 Speaker 1: Web from culpability. No mention of Eric Johnson, by the way, 274 00:14:08,120 --> 00:14:10,120 Speaker 1: So what was in his statement? 275 00:14:10,720 --> 00:14:15,960 Speaker 3: Johnson made a statement to police that James Gibson told 276 00:14:16,000 --> 00:14:19,720 Speaker 3: him about his plans to rob Lloyd Benjamin, and that 277 00:14:19,960 --> 00:14:24,360 Speaker 3: James paid him fifty dollars to be on the lookout. 278 00:14:24,880 --> 00:14:30,000 Speaker 3: Johnson also said he saw James shoot and kill Benjamin. 279 00:14:30,360 --> 00:14:34,200 Speaker 3: This statement was false also because Johnson was tortured, threatened, 280 00:14:34,280 --> 00:14:38,920 Speaker 3: and beaten by Officer McCann, Caesar Bresca, Rusnick, Maslanka Palladino, and. 281 00:14:38,960 --> 00:14:43,720 Speaker 1: Burn Right, so obviously unreliable. But this false statement made 282 00:14:43,760 --> 00:14:47,760 Speaker 1: James the shooter once again, while keeping Johnson closely involved 283 00:14:47,880 --> 00:14:49,080 Speaker 1: enough to identify him. 284 00:14:49,400 --> 00:14:51,440 Speaker 2: Yeah, he said this the cats though, just the cats. 285 00:14:51,480 --> 00:14:54,040 Speaker 2: I want you to get this, he said. I paid 286 00:14:54,160 --> 00:14:58,160 Speaker 2: him to wats me to do a stick up because 287 00:14:58,160 --> 00:15:01,080 Speaker 2: I needed money to fix one of my disc able vehicles. 288 00:15:01,480 --> 00:15:04,320 Speaker 1: Right, if you needed to rob for that money, how 289 00:15:04,360 --> 00:15:08,960 Speaker 1: could you have paid him anything? It makes no sense. Plus, 290 00:15:09,000 --> 00:15:11,600 Speaker 1: nothing had been reported as taken from the victims. But 291 00:15:11,640 --> 00:15:13,600 Speaker 1: now they had two statements saying that you were the 292 00:15:13,600 --> 00:15:16,960 Speaker 1: shooter and Eric Johnson had allegedly named himself as your 293 00:15:17,000 --> 00:15:21,200 Speaker 1: accomplice and eventually Johnson's sisters, Carlos Smith and Janis Johnson 294 00:15:21,360 --> 00:15:24,080 Speaker 1: were dragged into this as well, so the midnight creup 295 00:15:24,120 --> 00:15:26,720 Speaker 1: came back to get you before ops could. 296 00:15:26,920 --> 00:15:29,400 Speaker 2: They came back and rearrested me a couple hours later, 297 00:15:29,480 --> 00:15:31,840 Speaker 2: once the complaints was fouled. When they came back and 298 00:15:31,880 --> 00:15:34,480 Speaker 2: got me the second time, they took me up to 299 00:15:34,560 --> 00:15:37,040 Speaker 2: another place on the third floor and they put me 300 00:15:37,040 --> 00:15:39,920 Speaker 2: in like a cage set in the middle of all 301 00:15:39,960 --> 00:15:42,240 Speaker 2: of their desses. And then I've seen them bringing in 302 00:15:42,280 --> 00:15:44,720 Speaker 2: Colin Smith and Janis Johnson and all the other stuff. 303 00:15:44,960 --> 00:15:49,520 Speaker 3: The officers used intimidation and lies in order to get 304 00:15:49,560 --> 00:15:54,880 Speaker 3: these two sisters to corroborate the story that Gibson killed 305 00:15:55,080 --> 00:15:57,960 Speaker 3: mister Benjamin and mister Wash And what the officers told 306 00:15:57,960 --> 00:16:00,000 Speaker 3: them based on what we know, is that they would 307 00:16:00,080 --> 00:16:03,640 Speaker 3: be light on their brother if they went along with 308 00:16:03,680 --> 00:16:04,160 Speaker 3: the story. 309 00:16:04,560 --> 00:16:07,840 Speaker 2: Janis Johnson said, I broke into the house and start 310 00:16:07,960 --> 00:16:12,080 Speaker 2: immediately sharing a robbery playing with our whole family. 311 00:16:12,360 --> 00:16:16,680 Speaker 3: So no witnesses from our perspective had any credibility, And. 312 00:16:16,600 --> 00:16:18,880 Speaker 2: Then ended up at the county jail in front of 313 00:16:18,920 --> 00:16:21,640 Speaker 2: the judge basket on the chief judge. They told me 314 00:16:21,680 --> 00:16:23,800 Speaker 2: you get out front of judge. Man, keep your motherfucking 315 00:16:23,840 --> 00:16:25,920 Speaker 2: hands behind your back. So when I went out in 316 00:16:25,920 --> 00:16:28,400 Speaker 2: front of the judge, I put my hands behind my 317 00:16:28,520 --> 00:16:31,800 Speaker 2: back and my left bridcase popped out of my chest. 318 00:16:32,080 --> 00:16:34,480 Speaker 2: When it popped out of my chest, I fell down 319 00:16:34,480 --> 00:16:37,200 Speaker 2: to the ground. Chef Judge basted on. He looked over 320 00:16:37,240 --> 00:16:39,240 Speaker 2: the bench and he said, what's going on? And out 321 00:16:39,240 --> 00:16:41,560 Speaker 2: of anger, I said, the motherfuckers they kicked me in 322 00:16:41,680 --> 00:16:44,240 Speaker 2: my chest, saithing wrong on my chest. I can't breathe 323 00:16:44,360 --> 00:16:46,480 Speaker 2: like what? And then the chief Judge turned over to 324 00:16:46,520 --> 00:16:49,000 Speaker 2: the bailiff the police. He said, where y'all just bring 325 00:16:49,000 --> 00:16:51,560 Speaker 2: it from? And then the turn he said, I bought 326 00:16:51,640 --> 00:16:53,840 Speaker 2: every three brought to me. He said what every three? 327 00:16:53,960 --> 00:16:56,280 Speaker 2: He told turn get the police, closed the door, lock 328 00:16:56,360 --> 00:16:58,760 Speaker 2: all the dopes and told the public finers, bring them 329 00:16:58,800 --> 00:17:00,840 Speaker 2: back in the back to my chamber. So when I 330 00:17:00,880 --> 00:17:02,640 Speaker 2: got back to the back of the chamber, there was 331 00:17:02,640 --> 00:17:05,760 Speaker 2: a lot of motions and arguing and shit going back 332 00:17:05,800 --> 00:17:07,840 Speaker 2: with the chief Judge and the public defending. The state's 333 00:17:07,840 --> 00:17:10,280 Speaker 2: attorney telling man, get your supervisor in and you get 334 00:17:10,320 --> 00:17:12,520 Speaker 2: your order, and you get a photography and and you 335 00:17:12,640 --> 00:17:14,920 Speaker 2: get them people to bring them in here and having 336 00:17:14,960 --> 00:17:17,800 Speaker 2: me shipped to Sirmac Hospital, et cetera. 337 00:17:18,240 --> 00:17:22,199 Speaker 1: Wow, So the abuse was actually going to be documented. 338 00:17:22,520 --> 00:17:25,719 Speaker 1: It seems like this judge Bastone might have actually been 339 00:17:25,760 --> 00:17:26,560 Speaker 1: a decent person. 340 00:17:27,240 --> 00:17:30,600 Speaker 2: I mean, if you say a decent person, uh. 341 00:17:30,480 --> 00:17:33,240 Speaker 1: I mean decency seems really hard to come by in 342 00:17:33,280 --> 00:17:34,320 Speaker 1: a story like yours. 343 00:17:34,520 --> 00:17:36,480 Speaker 2: Does bast don't save my life? 344 00:17:36,600 --> 00:17:36,840 Speaker 1: Man? 345 00:17:36,960 --> 00:17:41,480 Speaker 2: I'm different and different him recording and taking those photographs 346 00:17:41,480 --> 00:17:44,240 Speaker 2: of those injuries because they tried to destroy them, and 347 00:17:44,440 --> 00:17:47,800 Speaker 2: discovery he kept a copy if you want for us. 348 00:17:47,880 --> 00:17:50,280 Speaker 2: Bast don't having the courage the order to sign all 349 00:17:50,320 --> 00:18:06,360 Speaker 2: the photographs with his BADS number his next the photos 350 00:18:06,400 --> 00:18:09,920 Speaker 2: wasn't revealed. From nineteen eighty nine to twenty fifteen, every 351 00:18:09,920 --> 00:18:11,439 Speaker 2: time I went in front of the judge, I was 352 00:18:11,480 --> 00:18:15,000 Speaker 2: actually my defense attorney about the police reports, the photographs, 353 00:18:15,040 --> 00:18:18,000 Speaker 2: the statements, the evidence, and he was telling me there 354 00:18:18,080 --> 00:18:20,400 Speaker 2: was no evidence, there was no statement, there was no 355 00:18:20,400 --> 00:18:20,800 Speaker 2: none of that. 356 00:18:21,119 --> 00:18:23,640 Speaker 1: And unfortunately, your trial was not going to be held 357 00:18:23,680 --> 00:18:26,440 Speaker 1: in front of Judge bass Stone, but instead a judge 358 00:18:26,680 --> 00:18:30,760 Speaker 1: named Nevills. So one can surmise that the photographic proof 359 00:18:30,840 --> 00:18:34,280 Speaker 1: of this brutality was now being hidden. But your public 360 00:18:34,320 --> 00:18:37,600 Speaker 1: defender Paul Stroker, he didn't raise the issue. 361 00:18:37,920 --> 00:18:40,320 Speaker 2: No, no, my public offender was in on the fix, 362 00:18:40,400 --> 00:18:43,080 Speaker 2: as well as the judge, Neviles, and the state's attorney 363 00:18:43,119 --> 00:18:44,800 Speaker 2: and all the rest of them. But we got into 364 00:18:44,840 --> 00:18:47,119 Speaker 2: a dialogue about the pictures and the photos with the 365 00:18:47,200 --> 00:18:48,720 Speaker 2: judge and the trial to Spain, well, no, I'm not 366 00:18:48,760 --> 00:18:51,040 Speaker 2: the judge that would die there, etcetera, etcetera. And what 367 00:18:51,160 --> 00:18:54,040 Speaker 2: pictures you talk about and they never came into the trial. 368 00:18:54,480 --> 00:18:56,359 Speaker 1: I mean, your lawyer, you think he'd reach out to 369 00:18:56,440 --> 00:18:59,960 Speaker 1: Judge bass Stone, but that's just not what happened. And you, James, 370 00:19:00,280 --> 00:19:02,960 Speaker 1: most of our guests wait until after they're convicted to 371 00:19:03,000 --> 00:19:06,080 Speaker 1: learn the law, but you started in pre trial. 372 00:19:06,359 --> 00:19:08,960 Speaker 2: All the motions that was filed before trial and after trial, 373 00:19:09,040 --> 00:19:11,159 Speaker 2: and in trial, they was all motions that I found 374 00:19:11,680 --> 00:19:14,000 Speaker 2: pro saye. Every time I went in front of the judge, 375 00:19:14,080 --> 00:19:17,000 Speaker 2: I would Backdome, my lawyer, because we would have conversations 376 00:19:17,000 --> 00:19:19,159 Speaker 2: before we go in front of the judge about certain 377 00:19:19,200 --> 00:19:21,520 Speaker 2: issues and he would tell me from bullshit, and then 378 00:19:21,560 --> 00:19:23,320 Speaker 2: we get out front of the judge. I would put 379 00:19:23,359 --> 00:19:25,400 Speaker 2: him on the front street and then the judge would 380 00:19:25,400 --> 00:19:27,600 Speaker 2: try to tell me some stuff, and then the state's 381 00:19:27,600 --> 00:19:29,840 Speaker 2: attorney tried to tempts up, but I had motions already 382 00:19:29,880 --> 00:19:33,520 Speaker 2: prepared to file on myself. But because I wasn't skilled 383 00:19:33,560 --> 00:19:36,440 Speaker 2: in the expertise and criminal science of law at that time, 384 00:19:36,880 --> 00:19:38,879 Speaker 2: I was trying to perfect and bring in my issues 385 00:19:38,920 --> 00:19:39,800 Speaker 2: as best I could. 386 00:19:40,240 --> 00:19:42,680 Speaker 1: But obviously you weren't going to be skilled enough yet 387 00:19:42,840 --> 00:19:46,400 Speaker 1: for the monster that you were trying to do battle with. 388 00:19:46,480 --> 00:19:48,919 Speaker 1: Right it was David versus Goliath for what we were 389 00:19:49,000 --> 00:19:49,520 Speaker 1: up against. 390 00:19:49,880 --> 00:19:53,280 Speaker 2: So I ended up having a conversation with attorney Timothy Nash, 391 00:19:53,280 --> 00:19:55,840 Speaker 2: which was a paid attorney for Eric Johnson, to try 392 00:19:55,840 --> 00:19:58,160 Speaker 2: to preserve some of those issues, and we ended up 393 00:19:58,280 --> 00:20:01,040 Speaker 2: having the motion hearing watch the rest is press to 394 00:20:01,119 --> 00:20:03,840 Speaker 2: Evanson's statement separately but together. 395 00:20:03,760 --> 00:20:06,680 Speaker 1: Meaning that both you and Eric Johnson had both been 396 00:20:06,760 --> 00:20:10,719 Speaker 1: severely beaten, that the statements were therefore clearly unreliable and 397 00:20:10,800 --> 00:20:14,879 Speaker 1: should have been thrown out immediately, all while your lawyer was, 398 00:20:15,119 --> 00:20:16,240 Speaker 1: I don't know, taking a nap. 399 00:20:16,920 --> 00:20:18,880 Speaker 2: And so what they did was they brought in all 400 00:20:18,960 --> 00:20:22,440 Speaker 2: these declarated officers with their bags and their uniform zone 401 00:20:22,480 --> 00:20:24,679 Speaker 2: and they puaded them in one by one to get 402 00:20:24,760 --> 00:20:26,720 Speaker 2: on the stand and say these guys aligned and we 403 00:20:26,960 --> 00:20:28,960 Speaker 2: never did a Y and Z, and so they denied 404 00:20:29,359 --> 00:20:32,800 Speaker 2: Eric Johnson motion as being tortured, and they denied my motion, etc. 405 00:20:33,080 --> 00:20:35,600 Speaker 2: Then they split up the trial and rude that it 406 00:20:35,640 --> 00:20:39,480 Speaker 2: was antagonized defense because Eric Johnson never testified against me 407 00:20:39,560 --> 00:20:40,119 Speaker 2: at trial. 408 00:20:40,480 --> 00:20:44,040 Speaker 1: All made possible by the ineffective assistance of your own lawyer, 409 00:20:44,320 --> 00:20:48,320 Speaker 1: whose strategy, from what I understand, was that since your statement, 410 00:20:48,440 --> 00:20:52,200 Speaker 1: although false, wasn't incumplatory to you, but only the Eric Johnson, 411 00:20:52,720 --> 00:20:55,840 Speaker 1: he wasn't trying to contest it, but you were morally 412 00:20:55,880 --> 00:20:59,399 Speaker 1: bound to not falsely accuse Eric Johnson as well as 413 00:20:59,440 --> 00:21:02,359 Speaker 1: exposed with these officers were doing so much good it 414 00:21:02,400 --> 00:21:05,240 Speaker 1: did at the time. Now, you took a bench trial, right, 415 00:21:05,520 --> 00:21:07,760 Speaker 1: So that was your attorney's idea. Huh. 416 00:21:08,400 --> 00:21:11,120 Speaker 2: It was something that my attorney had convinced me, he said, 417 00:21:11,160 --> 00:21:12,840 Speaker 2: Man did he said, and they said, a white man 418 00:21:12,880 --> 00:21:14,679 Speaker 2: got killed. Man. Do you take a jury trial? Man? 419 00:21:14,680 --> 00:21:16,959 Speaker 2: They gonna put your ass on death roll? Man, He say, Man, 420 00:21:17,000 --> 00:21:18,760 Speaker 2: take a bitch trial, man, you can beat this man. 421 00:21:18,800 --> 00:21:21,159 Speaker 2: He tried to convince me that judge never was a 422 00:21:21,240 --> 00:21:24,600 Speaker 2: law judge and that there was no physical, scientific evidence 423 00:21:24,600 --> 00:21:26,840 Speaker 2: to connect me to the case. There was no DNA, 424 00:21:26,960 --> 00:21:29,679 Speaker 2: firemans and no murder weapon, et cetera, et cetera, no statement, 425 00:21:29,680 --> 00:21:31,240 Speaker 2: and none of that stuff. And so it was like 426 00:21:31,359 --> 00:21:33,640 Speaker 2: inlihood that once I tell the judge I'm not gonna 427 00:21:33,640 --> 00:21:35,840 Speaker 2: take a jury trial, he gonna throw the case out. Well, 428 00:21:35,920 --> 00:21:38,560 Speaker 2: just the catch, if I took a jury trial, the 429 00:21:38,640 --> 00:21:40,879 Speaker 2: judge would throw the case out right there, because there 430 00:21:40,880 --> 00:21:43,440 Speaker 2: would have been none to take to the jury to deliberate. 431 00:21:43,200 --> 00:21:46,080 Speaker 3: Emotion to suppress would have been filed, and the evidence 432 00:21:46,080 --> 00:21:47,800 Speaker 3: would have never made it into trial. 433 00:21:47,920 --> 00:21:49,800 Speaker 2: But I was so confused, cause my lawyer tell me, man, 434 00:21:49,840 --> 00:21:51,879 Speaker 2: take a bitch trial. A white boy got killed and 435 00:21:51,920 --> 00:21:53,639 Speaker 2: all that shit. Boy, you're gonna go to death row. 436 00:21:53,720 --> 00:21:55,560 Speaker 2: I got scared in that moment, and I fumbled the 437 00:21:55,600 --> 00:21:56,800 Speaker 2: ball and took a bench trial. 438 00:21:56,880 --> 00:22:01,000 Speaker 1: And your trial began on October seventh, nineteen and even 439 00:22:01,040 --> 00:22:04,520 Speaker 1: though Eric Johnson refused to testify, it didn't matter. His 440 00:22:04,640 --> 00:22:07,960 Speaker 1: statement implicating you was read into the record. In addition, 441 00:22:08,200 --> 00:22:11,399 Speaker 1: despite Eric Johnson's refusal, the state was still able to 442 00:22:11,440 --> 00:22:15,359 Speaker 1: get his sisters, Carla Smith and Janis Johnson to testify 443 00:22:15,400 --> 00:22:17,239 Speaker 1: that you had told them that you were going to 444 00:22:17,280 --> 00:22:19,560 Speaker 1: stick up the insurance man to get money to fix 445 00:22:19,600 --> 00:22:19,920 Speaker 1: your car. 446 00:22:20,280 --> 00:22:22,320 Speaker 2: They told me, if y'all will continue to lie and 447 00:22:22,359 --> 00:22:24,320 Speaker 2: say what y'all said against Dad Giffin, we'd lock in 448 00:22:24,359 --> 00:22:26,880 Speaker 2: y'all last up for obstructing to Justin Perdon. So once 449 00:22:26,920 --> 00:22:28,760 Speaker 2: they started lying, they had to keep lying. But all 450 00:22:28,800 --> 00:22:31,720 Speaker 2: the time Kyla not never had been over to her house. 451 00:22:31,800 --> 00:22:34,159 Speaker 2: Janis Johnson at the time that she said I was 452 00:22:34,200 --> 00:22:36,560 Speaker 2: on the back of her house. She had punched it. 453 00:22:36,680 --> 00:22:37,560 Speaker 2: She was at work. 454 00:22:37,640 --> 00:22:40,720 Speaker 1: And then they brought in Fernando Webb, who was at 455 00:22:40,760 --> 00:22:44,040 Speaker 1: that time serving a sentence for armed robbery in another case, 456 00:22:44,160 --> 00:22:47,160 Speaker 1: and admitted that the prosecution had promised to free him 457 00:22:47,440 --> 00:22:48,840 Speaker 1: in exchange for his testimony. 458 00:22:48,960 --> 00:22:54,040 Speaker 3: These statements given by Eric Johnson, Fernando Webb, Carla, and 459 00:22:54,119 --> 00:22:59,960 Speaker 3: Janis were procured by torture, by intimidation, lies and false promise, 460 00:23:00,080 --> 00:23:02,480 Speaker 3: says buy the Chicago police. 461 00:23:02,800 --> 00:23:05,920 Speaker 1: And let's not forget about James's own alleged statement, which 462 00:23:06,000 --> 00:23:09,399 Speaker 1: was not inculpatory. I mean, essentially it's a false witness 463 00:23:09,400 --> 00:23:12,879 Speaker 1: statement implicating Eric Johnson. So in a last ditch effort 464 00:23:12,920 --> 00:23:16,520 Speaker 1: to seal the deal, the state presented an officer named Moser. 465 00:23:16,720 --> 00:23:19,560 Speaker 2: The States brought in officer Mosa to testify to a 466 00:23:19,600 --> 00:23:22,879 Speaker 2: statement that I Leslie made to him. But then I objected, 467 00:23:23,080 --> 00:23:24,960 Speaker 2: and the judge say, wait, you objective for I say, 468 00:23:25,040 --> 00:23:27,639 Speaker 2: because my lawyer ain't objected. Objection on He say, well, 469 00:23:27,680 --> 00:23:29,760 Speaker 2: what we objective? I say, because the State's goin to 470 00:23:29,840 --> 00:23:32,119 Speaker 2: bring out officer to testify AFT something they ain't got 471 00:23:32,200 --> 00:23:33,520 Speaker 2: no record of it. But now we're in the middle 472 00:23:33,520 --> 00:23:34,960 Speaker 2: of trial and you want to bring in a statement 473 00:23:34,960 --> 00:23:36,920 Speaker 2: from the office. Before we went to trial, we tried 474 00:23:36,920 --> 00:23:38,800 Speaker 2: to challenge these issues, but you want to let us 475 00:23:38,840 --> 00:23:40,919 Speaker 2: challenge it. My lawyer and filed me most of the chalices, 476 00:23:41,080 --> 00:23:42,600 Speaker 2: so just hold it. Wait, man, we're in the middle 477 00:23:42,640 --> 00:23:44,679 Speaker 2: of trial and you're gonna file most of the limited 478 00:23:44,680 --> 00:23:47,119 Speaker 2: to exclude the off test to the judge rule that 479 00:23:47,320 --> 00:23:49,720 Speaker 2: since I ain't never heard and nobody never challenged it, 480 00:23:49,880 --> 00:23:51,679 Speaker 2: I can't deal with it in a vacuum. So I'm 481 00:23:51,680 --> 00:23:53,000 Speaker 2: gonna have to hear what they say, and then I 482 00:23:53,160 --> 00:23:54,840 Speaker 2: determined if I'll allowed it in or not after I 483 00:23:54,880 --> 00:23:55,600 Speaker 2: hear what it's saying. 484 00:23:55,720 --> 00:23:58,240 Speaker 1: So even though the original statement that they beat out 485 00:23:58,280 --> 00:24:00,400 Speaker 1: of you and tortured out of you was exculed, Platoria 486 00:24:00,520 --> 00:24:03,879 Speaker 1: Chicago PD produced one more false statement, the word of 487 00:24:03,920 --> 00:24:07,720 Speaker 1: this officer, no record of it in which you allegedly 488 00:24:07,760 --> 00:24:09,640 Speaker 1: incriminated yourself. Wow. 489 00:24:10,119 --> 00:24:13,480 Speaker 2: Just Nevers said on record, he said he didn't believe 490 00:24:13,520 --> 00:24:16,840 Speaker 2: that Filander were was telling the truth, that Janet Johnson 491 00:24:16,920 --> 00:24:19,560 Speaker 2: was telling the truth, the color whatever name is with 492 00:24:19,640 --> 00:24:22,280 Speaker 2: tending the truth, or even Air Johnson. That he didn't 493 00:24:22,280 --> 00:24:26,560 Speaker 2: believe no testimony or nobody other than that statement they 494 00:24:26,600 --> 00:24:30,199 Speaker 2: said that Leslie made. And without that statement, he couldn't 495 00:24:30,200 --> 00:24:32,159 Speaker 2: find me guilty. But he had to find me guilty 496 00:24:32,160 --> 00:24:34,840 Speaker 2: because the police said I made that statement. He find 497 00:24:34,880 --> 00:24:50,479 Speaker 2: the police credible and gave me natural life. I've been 498 00:24:50,640 --> 00:24:53,159 Speaker 2: educating myself from the criminal law for thirty four years. 499 00:24:53,600 --> 00:24:57,000 Speaker 2: I know everybody. I've worked on all the cases in 500 00:24:57,040 --> 00:25:00,840 Speaker 2: Stateville Panakamna. I was the warden's port. I used to 501 00:25:01,040 --> 00:25:03,280 Speaker 2: have to control in the run of the whole prison, 502 00:25:03,359 --> 00:25:06,760 Speaker 2: so I was able to file and maneuver for everybody. 503 00:25:07,240 --> 00:25:08,960 Speaker 2: And then when I was in the waters port, I 504 00:25:09,080 --> 00:25:11,679 Speaker 2: was the groundskeepers where the helicopters come in and all that. 505 00:25:11,960 --> 00:25:13,760 Speaker 2: When I wasn't that, I was the officer's kits and 506 00:25:13,840 --> 00:25:17,040 Speaker 2: worker cooked for the people. And then I was accounting, 507 00:25:17,200 --> 00:25:20,919 Speaker 2: so I had assets that other inmates couldn't have. I 508 00:25:20,960 --> 00:25:24,560 Speaker 2: had been fileding motions for Black's, vif's, Puerto Ricans, bdzones 509 00:25:24,640 --> 00:25:25,200 Speaker 2: vice laws. 510 00:25:25,560 --> 00:25:28,720 Speaker 3: James knows more about the law than ninety percent of 511 00:25:28,760 --> 00:25:32,400 Speaker 3: the lawyers that I know, and stayed safe in four 512 00:25:32,520 --> 00:25:37,480 Speaker 3: max prisons back then huge gang populations. You weren't safe 513 00:25:37,560 --> 00:25:41,920 Speaker 3: in those prisons. James was able to navigate those prisons 514 00:25:41,920 --> 00:25:45,040 Speaker 3: for one reason. Even though he feared for his life 515 00:25:45,080 --> 00:25:48,240 Speaker 3: every day, he was a legal resource. He worked with 516 00:25:48,280 --> 00:25:51,680 Speaker 3: the different factions in the prison, and that made him 517 00:25:52,119 --> 00:25:55,679 Speaker 3: a protected person. He didn't see the Michael Jordan years, 518 00:25:55,960 --> 00:25:58,280 Speaker 3: he didn't see the Oprah win for years. He didn't 519 00:25:58,320 --> 00:26:03,199 Speaker 3: see the election of Barack Obama. James Gibson spent his 520 00:26:03,280 --> 00:26:07,120 Speaker 3: time in the law library. Not only did James handle 521 00:26:07,200 --> 00:26:13,439 Speaker 3: his own appeals, James has helped hundreds of inmates in 522 00:26:13,520 --> 00:26:16,480 Speaker 3: Illinois and outside of Illinois with their cases. 523 00:26:16,880 --> 00:26:19,119 Speaker 2: I had been filed in motions for other guys, and 524 00:26:19,280 --> 00:26:21,040 Speaker 2: I started to come to understand that this is a 525 00:26:21,080 --> 00:26:23,199 Speaker 2: powder of the practice. I'm not the only one. 526 00:26:23,440 --> 00:26:25,399 Speaker 1: So with your knowledge of the law being such an 527 00:26:25,480 --> 00:26:27,760 Speaker 1: asset to everyone, you got to see kind of a 528 00:26:27,800 --> 00:26:30,120 Speaker 1: bird's eye view of the system, at least in Illinois, 529 00:26:30,160 --> 00:26:32,199 Speaker 1: while still keeping your eye on the prize in your 530 00:26:32,200 --> 00:26:34,399 Speaker 1: own case, Andrew, can you give us a bit of 531 00:26:34,440 --> 00:26:36,119 Speaker 1: a rundown on his appellate history. 532 00:26:36,400 --> 00:26:39,359 Speaker 3: He did file a timely appeal from the verdict. His 533 00:26:39,480 --> 00:26:43,560 Speaker 3: conviction was then affirmed by the appellate court, then denied 534 00:26:43,640 --> 00:26:47,960 Speaker 3: leave to appeal to the Illinois Supreme Court, as well 535 00:26:48,000 --> 00:26:52,240 Speaker 3: as petition of cerciority to the United States Supreme Court. 536 00:26:52,640 --> 00:26:56,679 Speaker 3: Later in court, as a jailhouse lawyer, filed several post 537 00:26:56,680 --> 00:27:02,400 Speaker 3: conviction petitions and a habeas corpus petition, all of which were. 538 00:27:02,640 --> 00:27:06,560 Speaker 1: Denied, which is obviously maddening considering all of the issues 539 00:27:06,560 --> 00:27:10,440 Speaker 1: we've raised. But in addition to his legal and social maneuvering, 540 00:27:10,760 --> 00:27:12,400 Speaker 1: James started a media campaign. 541 00:27:12,640 --> 00:27:15,400 Speaker 2: I was doing satellite radio from prison. I had wrote 542 00:27:15,400 --> 00:27:17,960 Speaker 2: ten thousand letters to the nation, and I had got 543 00:27:17,960 --> 00:27:20,080 Speaker 2: some momentum after Hugh Heffrom, the Great Hugh Heffrom the 544 00:27:20,119 --> 00:27:22,159 Speaker 2: Playboy magazine. They had did a story about us in 545 00:27:22,280 --> 00:27:24,560 Speaker 2: area too, and I had got a story ran with 546 00:27:24,680 --> 00:27:27,560 Speaker 2: Stevie j and Benzino at Hip Hop Weekly, and so 547 00:27:27,680 --> 00:27:30,560 Speaker 2: it started catching momentum. Once I wrote to the United 548 00:27:30,640 --> 00:27:33,640 Speaker 2: Nations and the United Nations responded, people started talking about 549 00:27:33,640 --> 00:27:35,800 Speaker 2: it all over the world. They formed into law the 550 00:27:35,880 --> 00:27:38,159 Speaker 2: Illinois Torture Relief Commission. 551 00:27:37,760 --> 00:27:42,439 Speaker 3: And this was an investigation around credible evidence related to 552 00:27:42,480 --> 00:27:45,760 Speaker 3: the allegations against John Burge and the Midnight Crew, and 553 00:27:45,800 --> 00:27:51,320 Speaker 3: they basically knew a lot of individuals black men were tortured, beaten, 554 00:27:51,840 --> 00:27:54,040 Speaker 3: made to confess the crimes they didn't commit. 555 00:27:54,240 --> 00:27:56,080 Speaker 2: And when they voted on the general symboli and the 556 00:27:56,119 --> 00:27:59,320 Speaker 2: letistations on the floor, they mentioned the James Gifton case 557 00:27:59,520 --> 00:28:01,480 Speaker 2: as the poet with the child for why we need 558 00:28:01,480 --> 00:28:03,480 Speaker 2: to go and investigate all these other cases. 559 00:28:03,520 --> 00:28:06,040 Speaker 1: So when you finally got around to review, what did 560 00:28:06,040 --> 00:28:07,000 Speaker 1: the commission find? 561 00:28:07,440 --> 00:28:10,000 Speaker 2: The initial summary was that they found that I had 562 00:28:10,040 --> 00:28:14,760 Speaker 2: been tortured and collaborated and sustained and substatinate those allegations. 563 00:28:14,880 --> 00:28:18,600 Speaker 3: And so James was given the opportunity by the Torture 564 00:28:18,640 --> 00:28:23,040 Speaker 3: Commission to have his case reviewed by the Circuit Court 565 00:28:23,080 --> 00:28:27,040 Speaker 3: of Cook County for what's called judicial review. And basically 566 00:28:27,160 --> 00:28:31,240 Speaker 3: James submitted forty six exhibits and over nine hundred and 567 00:28:31,280 --> 00:28:34,240 Speaker 3: fifty pages in support of his case. So he went 568 00:28:34,280 --> 00:28:39,640 Speaker 3: through that whole process which ultimately led to the judge 569 00:28:39,800 --> 00:28:42,480 Speaker 3: granting his Turk evidentiary hearing. 570 00:28:42,800 --> 00:28:45,480 Speaker 2: And then I found with the Torture Relief Commission saying 571 00:28:45,480 --> 00:28:50,640 Speaker 2: that man for decade, the CI Chicago, the governor, the mayor, 572 00:28:50,680 --> 00:28:55,280 Speaker 2: the state's attorney, the lawyers, the judges, the hospital, all 573 00:28:55,320 --> 00:28:58,479 Speaker 2: of them is paterck practice. They've been denying us basic 574 00:28:58,600 --> 00:29:01,800 Speaker 2: rights to do process the law. I don't want no money. 575 00:29:01,920 --> 00:29:04,440 Speaker 2: I just want my dead court, as a citizen of 576 00:29:04,480 --> 00:29:07,480 Speaker 2: the United States, to approve a Y and Z once 577 00:29:07,520 --> 00:29:07,840 Speaker 2: and all. 578 00:29:08,320 --> 00:29:11,120 Speaker 1: So what did you present? I mean, back in nineteen 579 00:29:11,200 --> 00:29:14,160 Speaker 1: ninety one, the court had taken this officer Moser's word 580 00:29:14,200 --> 00:29:15,880 Speaker 1: for it and set on record that all of the 581 00:29:15,920 --> 00:29:19,760 Speaker 1: other evidence was not credible. Then every appellate court had 582 00:29:19,840 --> 00:29:24,200 Speaker 1: upheld this conviction. So what finally turned the tide. 583 00:29:24,080 --> 00:29:26,000 Speaker 2: Well, what laid back to getting back in course was 584 00:29:26,080 --> 00:29:28,680 Speaker 2: John Burdens had called me in nineteen ninety in the 585 00:29:28,720 --> 00:29:31,520 Speaker 2: county jail after the complaints was fouled, and John Burgess 586 00:29:31,680 --> 00:29:36,080 Speaker 2: thought that he had intercepted and destroyed all of the communications. 587 00:29:36,280 --> 00:29:38,400 Speaker 2: So he was calling me to rub it in my 588 00:29:38,440 --> 00:29:40,200 Speaker 2: face and tell me, yeah, nigga, you ain't never getting 589 00:29:40,200 --> 00:29:42,600 Speaker 2: out of jail. No, complaints you fouled, nigga. Ain't no 590 00:29:42,600 --> 00:29:44,640 Speaker 2: motherfucker gonna believe that shit. I'm the commander. That shit 591 00:29:44,720 --> 00:29:46,880 Speaker 2: gone and you have a nice life, you lucky, and 592 00:29:46,880 --> 00:29:49,360 Speaker 2: get your asster death penny by, and he hung the 593 00:29:49,400 --> 00:29:51,240 Speaker 2: phone up. But he didn't know that one of the 594 00:29:51,240 --> 00:29:53,800 Speaker 2: motherfucker's ris complaints had got out in the mill. Ortiz 595 00:29:53,920 --> 00:29:56,680 Speaker 2: gave me that reference number. He mailed to fifty seven 596 00:29:56,760 --> 00:29:59,440 Speaker 2: thirty four South five and d to my mother's house. 597 00:29:59,480 --> 00:30:01,640 Speaker 2: Do you know what did? She put the letters in 598 00:30:01,720 --> 00:30:04,800 Speaker 2: a briefcase because she could identified and they found the 599 00:30:04,840 --> 00:30:07,800 Speaker 2: briefcase with the original complaints twenty some years later. 600 00:30:08,000 --> 00:30:10,920 Speaker 1: So birds thought he had destroyed all other copies and 601 00:30:11,000 --> 00:30:13,640 Speaker 1: evidence of your torture before calling you in jail to 602 00:30:13,760 --> 00:30:15,960 Speaker 1: kind of dunk on you and shove it in your face. 603 00:30:16,200 --> 00:30:18,280 Speaker 2: Bitch ass nigga, that's what he did. He said, Now 604 00:30:18,280 --> 00:30:21,000 Speaker 2: you're gonna try to take me down, bitch. I run 605 00:30:21,080 --> 00:30:24,400 Speaker 2: the hospital. He had got the photographs, he had got discovery, 606 00:30:24,400 --> 00:30:26,080 Speaker 2: he had got to the drugs, he got to the 607 00:30:26,080 --> 00:30:28,800 Speaker 2: States Attorney, got to the lawyers. But that one letter, 608 00:30:29,120 --> 00:30:29,920 Speaker 2: it made it out. 609 00:30:30,400 --> 00:30:33,120 Speaker 1: So wait, how did you manage to prove that this 610 00:30:33,200 --> 00:30:34,800 Speaker 1: phone call took place when. 611 00:30:34,680 --> 00:30:36,840 Speaker 2: I was going through my investigation. I told him about 612 00:30:36,840 --> 00:30:38,840 Speaker 2: the conversation. They told me we had the ability to 613 00:30:38,880 --> 00:30:41,360 Speaker 2: go back and get any phone call that came for 614 00:30:41,400 --> 00:30:45,120 Speaker 2: a messipality or a city official or a federal facility 615 00:30:45,440 --> 00:30:47,760 Speaker 2: for the last one hundred years. And I said what 616 00:30:48,040 --> 00:30:50,600 Speaker 2: I said, Well, that's a beautiful thing, and check it out. 617 00:30:50,840 --> 00:30:53,160 Speaker 2: He didn't call from his department. He went into the 618 00:30:53,240 --> 00:30:56,200 Speaker 2: OPS department to make that call. And that's what he 619 00:30:56,280 --> 00:30:58,840 Speaker 2: failed to realize as as smart ass didn't know that 620 00:30:59,080 --> 00:31:00,800 Speaker 2: he made the phone call ready, he made it from 621 00:31:00,800 --> 00:31:03,479 Speaker 2: his office or enough office. He made it inside this building, 622 00:31:03,880 --> 00:31:06,080 Speaker 2: and they're not going to destroy that call. I didn't 623 00:31:06,120 --> 00:31:08,520 Speaker 2: know all that. So they actually went back and got 624 00:31:08,560 --> 00:31:11,280 Speaker 2: the original call once I told him around the date 625 00:31:11,480 --> 00:31:14,160 Speaker 2: and month didn't happen. They told me that slick shit out. 626 00:31:14,160 --> 00:31:16,120 Speaker 2: They might. Yeah, they thought they had me. 627 00:31:16,160 --> 00:31:19,640 Speaker 3: Then they thought James was lying when he talked about 628 00:31:19,680 --> 00:31:22,400 Speaker 3: the call from John Burge, and they went back and 629 00:31:22,520 --> 00:31:25,920 Speaker 3: checked the records and saw that that call was placed 630 00:31:26,280 --> 00:31:28,240 Speaker 3: and mister Gibson was being truthful. 631 00:31:28,360 --> 00:31:31,600 Speaker 1: So they're finally starting to come around. There was proof 632 00:31:31,640 --> 00:31:34,320 Speaker 1: of the complaint to OPS as well. As the phone 633 00:31:34,360 --> 00:31:38,400 Speaker 1: call from Birge. What about Judge Bastone's photographs that never 634 00:31:38,440 --> 00:31:39,160 Speaker 1: made it to trial? 635 00:31:39,560 --> 00:31:41,920 Speaker 2: Thank god for best One. He had kept a copy 636 00:31:41,960 --> 00:31:44,320 Speaker 2: and sign it and he had his archives as working 637 00:31:44,400 --> 00:31:47,200 Speaker 2: shit right on top of him filing the proper paperwork, 638 00:31:47,360 --> 00:31:49,480 Speaker 2: and they massed the signatures in his bass no more 639 00:31:49,560 --> 00:31:51,520 Speaker 2: on each one of the photographs. And that then they 640 00:31:51,680 --> 00:31:54,080 Speaker 2: was like what the hell is going on? 641 00:31:54,640 --> 00:31:54,800 Speaker 1: You know? 642 00:31:54,840 --> 00:31:56,880 Speaker 2: They on the other side, they're like, this kid is 643 00:31:56,920 --> 00:31:59,400 Speaker 2: really telling the truth. And that's when I started founding 644 00:31:59,400 --> 00:32:02,640 Speaker 2: out about hospital. Right for twenty five years, Sir mac hospital, 645 00:32:02,680 --> 00:32:05,680 Speaker 2: it was writing me back, Talbot, somebody misplaced your fil 646 00:32:05,840 --> 00:32:08,680 Speaker 2: somebody changed your file, somebody took this out through file. 647 00:32:08,720 --> 00:32:11,560 Speaker 2: They was writing me back with their smart self, telling 648 00:32:11,600 --> 00:32:14,560 Speaker 2: me in folds. For twenty years, I kept all that shit, 649 00:32:14,800 --> 00:32:16,880 Speaker 2: and I finally presented all my evidence to the court. 650 00:32:17,040 --> 00:32:18,920 Speaker 2: Of course they man, oh my god, they said, oh, 651 00:32:19,000 --> 00:32:20,040 Speaker 2: we ain't got to hit no move. 652 00:32:20,480 --> 00:32:26,360 Speaker 1: So Burges's medieval torture tactics had finally been exposed. But 653 00:32:26,440 --> 00:32:29,400 Speaker 1: what about all of his lackeys? Did they get dragged 654 00:32:29,440 --> 00:32:30,960 Speaker 1: in front of the Torture Relief Commission? 655 00:32:31,160 --> 00:32:33,480 Speaker 2: Is you reading in the summary report of the TRC. 656 00:32:33,640 --> 00:32:36,560 Speaker 2: The officers when they was asked about it, they threw 657 00:32:36,640 --> 00:32:38,760 Speaker 2: John Burdens under the bus and signed off. They told 658 00:32:38,840 --> 00:32:40,200 Speaker 2: Don Burdens said, told to do a. 659 00:32:40,280 --> 00:32:42,840 Speaker 1: Y and Z. So they admitted it. And then you 660 00:32:42,920 --> 00:32:45,080 Speaker 1: made your way back into the depellate process where you 661 00:32:45,080 --> 00:32:48,000 Speaker 1: were fighting an appointed special prosecutor in front of Judge 662 00:32:48,040 --> 00:32:50,520 Speaker 1: near A Walsh. So what did they do in an 663 00:32:50,520 --> 00:32:51,560 Speaker 1: actual court of law? 664 00:32:51,920 --> 00:32:55,040 Speaker 2: In my first hearing? And they pleaded the fifth They 665 00:32:55,080 --> 00:32:58,000 Speaker 2: wouldn't testify to anything. Did you arrest day GiB not 666 00:32:58,040 --> 00:33:00,719 Speaker 2: plead the fifth? Did you torch the day goptil? I 667 00:33:00,800 --> 00:33:03,160 Speaker 2: used the cogopoyis opting to fil So they went asking 668 00:33:03,160 --> 00:33:05,160 Speaker 2: the questions and it just found that credible. 669 00:33:05,600 --> 00:33:09,360 Speaker 1: So, despite the explosive revelations of the Torture Relief Commission, 670 00:33:09,560 --> 00:33:12,960 Speaker 1: this judge still denied you, saying that there was quote 671 00:33:13,520 --> 00:33:20,040 Speaker 1: sufficient evidence to support that no torture occurred quote it's 672 00:33:20,120 --> 00:33:20,800 Speaker 1: unfucking real. 673 00:33:20,920 --> 00:33:22,720 Speaker 2: And then the pedicote overturned that shit again. 674 00:33:22,760 --> 00:33:25,440 Speaker 1: Send me back right. That was twenty eighteen when the 675 00:33:25,440 --> 00:33:28,360 Speaker 1: appellate court said that the officers could not rebut your 676 00:33:28,400 --> 00:33:30,440 Speaker 1: allegations in any meaningful way. 677 00:33:30,560 --> 00:33:33,400 Speaker 2: They had sent me back instructor Neil Wass to draw 678 00:33:33,480 --> 00:33:36,600 Speaker 2: an adverse in fearence and did reconsider all the evidence 679 00:33:36,600 --> 00:33:38,880 Speaker 2: as a whole, and she would open up the courtroom 680 00:33:38,880 --> 00:33:39,720 Speaker 2: to reconsider it. 681 00:33:39,920 --> 00:33:43,080 Speaker 1: So, get this, Walsh gave these reasons for her refusal, 682 00:33:43,360 --> 00:33:47,040 Speaker 1: that you had invented your torture claims to piggyback on 683 00:33:47,240 --> 00:33:50,280 Speaker 1: Eric Johnson's claims, which, by the way, ern Johnson a 684 00:33:50,320 --> 00:33:53,440 Speaker 1: new trial back in twenty twelve. And she made that 685 00:33:53,560 --> 00:33:56,880 Speaker 1: ruling with the knowledge that you had filed your complaint 686 00:33:57,000 --> 00:33:59,320 Speaker 1: on the night that you were released from custody back 687 00:33:59,360 --> 00:34:03,120 Speaker 1: in nineteen eighty nine. Just moronic. But she continued by 688 00:34:03,160 --> 00:34:06,320 Speaker 1: explaining away the pictures of your injuries that they could 689 00:34:06,360 --> 00:34:09,799 Speaker 1: have been made while you're in jail, or get this, 690 00:34:10,280 --> 00:34:11,880 Speaker 1: that they could have been self inflicted. 691 00:34:12,080 --> 00:34:14,680 Speaker 2: And then they instructed the Chief Jail to remove her, 692 00:34:15,120 --> 00:34:17,400 Speaker 2: order a new trial and throw out the statement, whether 693 00:34:17,400 --> 00:34:18,319 Speaker 2: it convicted me or not. 694 00:34:18,560 --> 00:34:21,839 Speaker 1: So finally, in March twenty nineteen, the Appellate Court called 695 00:34:22,120 --> 00:34:25,040 Speaker 1: Wash manifestly wrong while vacating your conviction. 696 00:34:25,360 --> 00:34:28,240 Speaker 2: Then the Supreme Court affirmed it with no dissension. 697 00:34:28,719 --> 00:34:32,040 Speaker 1: So then comes April twenty six, twenty nineteen, you had 698 00:34:32,040 --> 00:34:34,560 Speaker 1: a hearing about whether or not the state would retry you. 699 00:34:34,920 --> 00:34:37,120 Speaker 2: Well, I go in front of the jidgs. The lawyer's 700 00:34:37,120 --> 00:34:38,400 Speaker 2: coming in the back saying, man, you might get a 701 00:34:38,400 --> 00:34:40,640 Speaker 2: million dollar bond, but we don't know. After we had 702 00:34:40,680 --> 00:34:43,080 Speaker 2: to hear it, that jig said, mister Gibson, I'm so 703 00:34:43,120 --> 00:34:47,600 Speaker 2: sorry for this tragedy. Special prosecutor didn't wasted enough time. 704 00:34:48,000 --> 00:34:49,879 Speaker 2: Mister Gibson, how much money can you pay you? I say, 705 00:34:49,920 --> 00:34:52,239 Speaker 2: when I've been working inside the prison. He said, two 706 00:34:52,280 --> 00:34:55,640 Speaker 2: thousand dollars. I bond myself out the county jail. And 707 00:34:55,680 --> 00:34:58,400 Speaker 2: then two days later I got a call from special Prosecutor. 708 00:34:58,520 --> 00:35:00,200 Speaker 2: I dropped the child is in a cup of Hey, 709 00:35:00,280 --> 00:35:03,120 Speaker 2: if you don't challenge your certificate innocence. 710 00:35:03,080 --> 00:35:04,879 Speaker 1: And in Illinois, that's what you filed for to get 711 00:35:04,880 --> 00:35:08,080 Speaker 1: state compensation and pursue civil litigation. So really they were 712 00:35:08,120 --> 00:35:10,600 Speaker 1: just trying to minimize the financial damage, right. 713 00:35:10,640 --> 00:35:12,400 Speaker 2: So I told him that I'm gonna see you in 714 00:35:12,440 --> 00:35:14,879 Speaker 2: court tomorrow. I got a court He said, we got 715 00:35:14,880 --> 00:35:16,600 Speaker 2: good news and we got bad news. Which one do 716 00:35:16,640 --> 00:35:18,200 Speaker 2: you want to hear? And then I said, man, I 717 00:35:18,239 --> 00:35:19,759 Speaker 2: don't care what y'all got. Man, I'm ready to go 718 00:35:19,840 --> 00:35:21,840 Speaker 2: to court, let's do this, and they'd like be dropping 719 00:35:21,840 --> 00:35:23,840 Speaker 2: the charges and I said, that's good news because I 720 00:35:23,840 --> 00:35:25,919 Speaker 2: got a emotion for you, and they said, what motion 721 00:35:26,000 --> 00:35:27,440 Speaker 2: is that I got emotion? I'm gonna be ruing in 722 00:35:27,440 --> 00:35:30,120 Speaker 2: front of jugs after that to remove you. Then State's 723 00:35:30,160 --> 00:35:33,000 Speaker 2: Attorney Kim Fox was appointed, and then she did challenge 724 00:35:33,040 --> 00:35:35,839 Speaker 2: my certificate incence and I was granting a certificate insert right. 725 00:35:35,960 --> 00:35:38,880 Speaker 1: So between the time that these proceedings started in twenty nineteen, 726 00:35:39,320 --> 00:35:43,080 Speaker 1: Kim Fox, much needed new blood, was elected to the 727 00:35:43,120 --> 00:35:46,239 Speaker 1: State's Attorney's office in Cook County. So the charges were 728 00:35:46,280 --> 00:35:50,200 Speaker 1: finally dropped and you got your certificate of actual innocence 729 00:35:50,440 --> 00:35:51,720 Speaker 1: in February twenty twenty. 730 00:35:51,880 --> 00:35:53,640 Speaker 2: I mean, like I had been fighting and fighting and 731 00:35:53,719 --> 00:35:56,520 Speaker 2: fighting and fight, and that was my moment in twenty fifteen. 732 00:35:56,560 --> 00:35:58,200 Speaker 2: I knew I was coming up out of there, but 733 00:35:58,560 --> 00:36:00,360 Speaker 2: it just didn't. I didn't think it was take me 734 00:36:00,480 --> 00:36:03,399 Speaker 2: that long after I got my first reversal. What I'm saying, 735 00:36:03,400 --> 00:36:06,280 Speaker 2: I thought the issue was cutting dry. But this judge, 736 00:36:06,320 --> 00:36:08,319 Speaker 2: Neil Wasp, she took me through a bunch of exra 737 00:36:08,360 --> 00:36:09,640 Speaker 2: mode years for nothing. 738 00:36:09,680 --> 00:36:14,640 Speaker 1: Which is just absolutely unforgivable. Just as unforgivable as the 739 00:36:14,760 --> 00:36:17,520 Speaker 1: obstinates you're now facing in civil litigation. 740 00:36:17,960 --> 00:36:21,839 Speaker 3: Mister Gibson filed the federal civil rights lawsuit that's been 741 00:36:21,920 --> 00:36:25,239 Speaker 3: pending against the City of Chicago and the officers who 742 00:36:25,320 --> 00:36:28,359 Speaker 3: beat tortured him, I mean James Gibson. They took him 743 00:36:28,360 --> 00:36:30,640 Speaker 3: at twenty three. He didn't come out till he was 744 00:36:30,840 --> 00:36:34,880 Speaker 3: fifty three years old, and they're still fighting him today. 745 00:36:34,960 --> 00:36:37,800 Speaker 3: The City of Chicago and the law firms representing the 746 00:36:37,840 --> 00:36:40,879 Speaker 3: City of Chicago, their entire approach for the past four 747 00:36:40,960 --> 00:36:44,960 Speaker 3: years has been relitigating the criminal case and pointed to 748 00:36:45,120 --> 00:36:48,320 Speaker 3: James as a murderer, and what does a certificate of 749 00:36:48,400 --> 00:36:53,239 Speaker 3: innocence mean? He is factually innocent by every single tribunal. 750 00:36:53,520 --> 00:36:56,720 Speaker 3: The certificate of innocence is a significant review of the evidence, 751 00:36:56,800 --> 00:37:00,480 Speaker 3: the facts, the law. And so to me, the notion 752 00:37:00,640 --> 00:37:04,400 Speaker 3: that the city fights plaintiffs whose lives have been ruined 753 00:37:05,000 --> 00:37:08,120 Speaker 3: when they have a certificate of innocence is it's unimaginable. 754 00:37:08,760 --> 00:37:11,600 Speaker 3: James is still waiting for his day in court on 755 00:37:11,760 --> 00:37:15,840 Speaker 3: the civil case, and after four years of costly litigation 756 00:37:15,960 --> 00:37:18,840 Speaker 3: of city has spent hundreds of millions of dollars to 757 00:37:19,000 --> 00:37:22,799 Speaker 3: outside defense law firms litigating on behalf of the City 758 00:37:22,840 --> 00:37:27,720 Speaker 3: of Chicago and officers, whether it's John Burge, Ron d Watts, 759 00:37:28,400 --> 00:37:32,759 Speaker 3: Rinaldo Guevera, racist officers who took away the lives and 760 00:37:32,880 --> 00:37:38,520 Speaker 3: liberty of black men, Hispanic men who have been tortured, convicted, 761 00:37:39,080 --> 00:37:42,399 Speaker 3: spent decades in custody, and the City of Chicago, even 762 00:37:42,480 --> 00:37:46,680 Speaker 3: under the current Mayor, Brandon Johnston, are still relitigating the 763 00:37:46,840 --> 00:37:51,440 Speaker 3: underlying criminal case and wasting taxpayer money and torturing again 764 00:37:52,200 --> 00:37:55,160 Speaker 3: in the litigation system, people like James Gibson. 765 00:37:55,320 --> 00:37:59,720 Speaker 1: I mean, it makes exactly zero fucking sense. Whose face 766 00:37:59,840 --> 00:38:04,920 Speaker 1: are they saving? The individual officers, those scumbags, the state, 767 00:38:05,400 --> 00:38:08,440 Speaker 1: the system, the cats out of the bag. And it's 768 00:38:08,520 --> 00:38:11,200 Speaker 1: not like they're saving money when they're paying all of 769 00:38:11,239 --> 00:38:13,960 Speaker 1: these private defense firms way more than a settlement could 770 00:38:14,000 --> 00:38:17,080 Speaker 1: even cost, right, but yet they continue. 771 00:38:17,360 --> 00:38:19,440 Speaker 3: James Gibson is going to be a catalyst for change. 772 00:38:20,080 --> 00:38:24,000 Speaker 3: James Gibson has the only case that is currently pending 773 00:38:24,480 --> 00:38:27,800 Speaker 3: that has what's called a non bifurcated maneal claim a 774 00:38:27,880 --> 00:38:30,240 Speaker 3: monell claim, as you know, is a pattern in practice. 775 00:38:30,640 --> 00:38:33,040 Speaker 3: So James's case is not just about the injuries to 776 00:38:33,160 --> 00:38:36,360 Speaker 3: him and the wrongful conviction and the torture and the beatings. 777 00:38:36,800 --> 00:38:41,719 Speaker 3: James Gibson's case has manel allegations that prove that the 778 00:38:41,800 --> 00:38:46,000 Speaker 3: city of Chicago had a pattern and practice of abusing 779 00:38:46,600 --> 00:38:50,960 Speaker 3: black men for decades. And so as we move forward 780 00:38:51,000 --> 00:38:55,120 Speaker 3: towards trial in twenty twenty four, James Gibson is not 781 00:38:55,239 --> 00:38:58,320 Speaker 3: just fighting for himself. He's fighting for justice for every 782 00:38:58,400 --> 00:39:02,719 Speaker 3: other black and a space man or woman who sustained 783 00:39:02,760 --> 00:39:05,200 Speaker 3: abuse by the Chicago police. 784 00:39:05,600 --> 00:39:07,960 Speaker 1: And that might very well be the motivation in fighting 785 00:39:08,040 --> 00:39:11,520 Speaker 1: him so hard. So God speed now, James. While you've 786 00:39:11,520 --> 00:39:14,320 Speaker 1: been home fighting your civil case, you've also been continuing 787 00:39:14,360 --> 00:39:15,680 Speaker 1: the work you were doing inside. 788 00:39:15,920 --> 00:39:20,080 Speaker 2: I still been continuing my advocacy, working my foundation, Clarence 789 00:39:20,120 --> 00:39:23,200 Speaker 2: James Gets the Foundation, James Grant Consulting. I've been up 790 00:39:23,239 --> 00:39:27,320 Speaker 2: to bringing my brother's home for prison commutations, post convictions. 791 00:39:27,400 --> 00:39:30,359 Speaker 2: If for please time cuts. I just brought a guy 792 00:39:30,440 --> 00:39:32,480 Speaker 2: home last week after twenty one years I've been working 793 00:39:32,520 --> 00:39:35,520 Speaker 2: in this case, James Freeman. I brought home dozens of guys. 794 00:39:35,960 --> 00:39:38,680 Speaker 2: That's what I do to see Chicago since two thousand 795 00:39:38,719 --> 00:39:41,439 Speaker 2: and five, one point nine billion thousand settlements of five 796 00:39:41,560 --> 00:39:44,200 Speaker 2: right now sitting with twenty one cases pending in the 797 00:39:44,320 --> 00:39:45,880 Speaker 2: federal court lawsuits. 798 00:39:46,160 --> 00:39:47,920 Speaker 1: That's what I do, and that's not all you do. 799 00:39:48,120 --> 00:39:50,479 Speaker 2: Since I've been home, I formed my own publishing company 800 00:39:50,520 --> 00:39:52,279 Speaker 2: because I got a book deal in the movie deal. 801 00:39:52,520 --> 00:39:55,359 Speaker 2: I got this music studio in Skokie, Illinois called three 802 00:39:55,520 --> 00:39:57,680 Speaker 2: Z Music House, and I brought in a bunch of 803 00:39:57,719 --> 00:40:01,360 Speaker 2: people to help me build silent rooms, soundproof rooms and designs. 804 00:40:01,520 --> 00:40:03,279 Speaker 2: You could go on my websits and see it. And 805 00:40:03,400 --> 00:40:05,080 Speaker 2: so what I do is I bring in all other 806 00:40:05,160 --> 00:40:07,600 Speaker 2: young people went to my studio and they found out 807 00:40:07,640 --> 00:40:09,719 Speaker 2: they read my stress. They make you your mother was deaf, 808 00:40:09,960 --> 00:40:11,719 Speaker 2: And so I tell him, yes, I share a lot 809 00:40:11,760 --> 00:40:15,279 Speaker 2: of letters. And so they take my letters and they 810 00:40:15,400 --> 00:40:17,560 Speaker 2: rewrite them, and then they go on to the booth. 811 00:40:17,719 --> 00:40:19,279 Speaker 2: And it might be a rap song, it might be 812 00:40:19,320 --> 00:40:21,239 Speaker 2: a country stong, it might be an R and B song. 813 00:40:21,480 --> 00:40:23,919 Speaker 2: My number one song right now has broke the top 814 00:40:24,000 --> 00:40:26,520 Speaker 2: forty chart. The song is a letter to my mother, Mama, 815 00:40:26,560 --> 00:40:28,640 Speaker 2: can you hear me? And there's a promise that I 816 00:40:28,760 --> 00:40:30,240 Speaker 2: keep to her. Every year I go to a different 817 00:40:30,280 --> 00:40:32,160 Speaker 2: notion around the world and I meet with her for 818 00:40:32,280 --> 00:40:34,560 Speaker 2: five minutes. I'm just having a conversation with my mother 819 00:40:34,600 --> 00:40:35,120 Speaker 2: if I could. 820 00:40:35,680 --> 00:40:39,000 Speaker 1: Well, that's beautiful. So how can our audience follow along 821 00:40:39,040 --> 00:40:39,960 Speaker 1: with everything you're doing. 822 00:40:40,320 --> 00:40:43,160 Speaker 2: You can log on by I am James Gibson dot 823 00:40:43,239 --> 00:40:47,719 Speaker 2: com on Instagram to James Gibson six thirty five, or 824 00:40:47,760 --> 00:40:50,560 Speaker 2: you can go on James Gibson Facebook page, or you 825 00:40:50,600 --> 00:40:53,360 Speaker 2: can go into my YouTube channel where I go around 826 00:40:53,400 --> 00:40:55,880 Speaker 2: the world and I fight inj justicis and I highlight 827 00:40:56,000 --> 00:40:59,720 Speaker 2: all my consultant and publishing work. It's called James Gibson 828 00:41:00,239 --> 00:41:02,480 Speaker 2: on the Land. 829 00:41:02,760 --> 00:41:04,440 Speaker 1: All right, well, we're gonna have all that length to 830 00:41:04,560 --> 00:41:08,240 Speaker 1: check it out and get involved follow this incredible man's journey. 831 00:41:08,480 --> 00:41:10,400 Speaker 1: And now I want to turn to closing arguments, my 832 00:41:10,600 --> 00:41:13,520 Speaker 1: favorite part of the show. So let's start with Andrew. Andrew, 833 00:41:13,680 --> 00:41:17,000 Speaker 1: just feel free to just spout off on anything you 834 00:41:17,080 --> 00:41:19,920 Speaker 1: think may have been left unsaid, and then hand the 835 00:41:19,960 --> 00:41:22,839 Speaker 1: microphone off to James, and James you take us off 836 00:41:22,880 --> 00:41:23,680 Speaker 1: into the sunset. 837 00:41:23,960 --> 00:41:26,600 Speaker 3: You know, I spent twenty years representing pro athletes. I 838 00:41:26,719 --> 00:41:29,640 Speaker 3: started Action ten years ago to serve black and brown 839 00:41:29,719 --> 00:41:32,439 Speaker 3: people whose rights have been violated by the police. I'm 840 00:41:32,520 --> 00:41:35,000 Speaker 3: humbled in honor to represent James Gibson because of what 841 00:41:35,120 --> 00:41:38,279 Speaker 3: he endured and listen, I can't imagine thirty years in 842 00:41:38,320 --> 00:41:42,839 Speaker 3: prison and most people would not persevere. James Gibson has 843 00:41:42,920 --> 00:41:47,000 Speaker 3: turned his pain, his faith in God into true purpose 844 00:41:47,360 --> 00:41:51,200 Speaker 3: in advancing civil rights in America, especially for black and 845 00:41:51,320 --> 00:41:54,799 Speaker 3: brown individuals. And James Gibson's going to change the game. 846 00:41:54,840 --> 00:41:57,239 Speaker 3: He's going to change the game for wrongfully convicted people 847 00:41:57,239 --> 00:41:57,960 Speaker 3: across the country. 848 00:41:58,120 --> 00:42:00,160 Speaker 2: Well, I was the first twenty twenty three, and I 849 00:42:00,200 --> 00:42:02,879 Speaker 2: officially closed my case man, after thirty four years, man, 850 00:42:03,120 --> 00:42:05,400 Speaker 2: and none that's left to be said, Man, bring closure. 851 00:42:05,520 --> 00:42:07,200 Speaker 2: I just want to say that I believe that man, 852 00:42:07,239 --> 00:42:09,120 Speaker 2: it's okay to be different. Man. You know what I'm saying. 853 00:42:09,239 --> 00:42:11,120 Speaker 2: I believe that we're living in a time that man, 854 00:42:11,200 --> 00:42:14,120 Speaker 2: that was written about long ago, man, and to where 855 00:42:14,200 --> 00:42:16,239 Speaker 2: the people learned to love that which created love, and 856 00:42:16,560 --> 00:42:18,759 Speaker 2: then we'll get out of this mess in which weed. 857 00:42:25,239 --> 00:42:28,000 Speaker 1: Thank you for listening to Wrongful Conviction. You can listen 858 00:42:28,080 --> 00:42:30,399 Speaker 1: to this and all the Lava for Good podcasts one 859 00:42:30,440 --> 00:42:33,400 Speaker 1: week early by subscribing to Lava for Good Plus on 860 00:42:33,520 --> 00:42:36,640 Speaker 1: Apple Podcasts. I want to thank our production team, Connor 861 00:42:36,719 --> 00:42:39,680 Speaker 1: Hall and Kathleen Fink, as well as my fellow executive 862 00:42:39,680 --> 00:42:43,359 Speaker 1: producers Jeff Kempler, Kevin Wartis, and Jeff Cliburn. The music 863 00:42:43,400 --> 00:42:46,000 Speaker 1: in this production was supplied by three time OSCAR nominated 864 00:42:46,040 --> 00:42:49,040 Speaker 1: composer Jay Ralph. Be sure to follow us across all 865 00:42:49,080 --> 00:42:52,080 Speaker 1: social media platforms at Lava for Good and at Wrong 866 00:42:52,160 --> 00:42:55,000 Speaker 1: for Conviction. You can also follow me on Instagram at 867 00:42:55,120 --> 00:42:58,279 Speaker 1: it's Jason Flamm. Wrongful Conviction is a production of Lava 868 00:42:58,360 --> 00:43:01,640 Speaker 1: for Good Podcasts and association with Signal Company Number one