1 00:00:05,760 --> 00:00:09,360 Speaker 1: In September of nineteen ninety three, Wilson Rivera and his 2 00:00:09,400 --> 00:00:12,240 Speaker 1: friend Roger Murfick were lying in wait to rub a 3 00:00:12,280 --> 00:00:15,920 Speaker 1: pizza delivery driver in South Detroit. They'd been tipped off 4 00:00:15,920 --> 00:00:19,040 Speaker 1: that the pizza guy was carrying a couple thousand dollars 5 00:00:19,079 --> 00:00:23,240 Speaker 1: in drug money, but the payoff was less than they expected, 6 00:00:23,600 --> 00:00:27,319 Speaker 1: only a few hundred dollars. A few nights later, two 7 00:00:27,560 --> 00:00:31,200 Speaker 1: masked gunmen burst into a nearby house. Twenty year old 8 00:00:31,360 --> 00:00:35,080 Speaker 1: Doug Williams and his mother, Lavanda were both shot and killed. 9 00:00:35,880 --> 00:00:38,960 Speaker 1: The investigator's theory was that Doug had known about the 10 00:00:39,040 --> 00:00:42,879 Speaker 1: robbery and was killed to keep him from snitching. The 11 00:00:42,960 --> 00:00:46,280 Speaker 1: police wasted no time in rounding up some local gang 12 00:00:46,320 --> 00:00:50,320 Speaker 1: members for questioning, including Wilson Rivera. 13 00:00:50,560 --> 00:00:52,880 Speaker 2: They are risk me at my house. I'm under the 14 00:00:52,880 --> 00:00:55,440 Speaker 2: assumption that they're looking for me for the robbery, and 15 00:00:55,640 --> 00:00:58,200 Speaker 2: so when they take me to homicide, I'm thinking that 16 00:00:58,240 --> 00:01:00,360 Speaker 2: this is a trick that they're playing on me, so 17 00:01:00,480 --> 00:01:02,920 Speaker 2: that I could go ahead and admit to the robbery. 18 00:01:04,120 --> 00:01:07,560 Speaker 1: Wilson had a solid alibi for that night, but one 19 00:01:07,600 --> 00:01:10,800 Speaker 1: by one, the other suspects were dropped from the investigation. 20 00:01:11,680 --> 00:01:14,360 Speaker 1: By the time Wilson went to trial, he was the 21 00:01:14,400 --> 00:01:16,199 Speaker 1: only one left. 22 00:01:16,600 --> 00:01:20,320 Speaker 2: My name is Wilson Rivera and for the last thirty 23 00:01:20,400 --> 00:01:24,840 Speaker 2: years I've been seven times for crima. Did not commit from. 24 00:01:24,800 --> 00:01:27,720 Speaker 1: Lava for good. This is wrongful conviction with Maggie Freeling 25 00:01:28,319 --> 00:01:47,280 Speaker 1: today Wilson Rivera. Wilson Rivera was born in nineteen seventy 26 00:01:47,319 --> 00:01:49,040 Speaker 1: four in southwest Detroit. 27 00:01:50,720 --> 00:01:56,880 Speaker 2: My whole family's porter. My mother was born in Chicago, 28 00:01:56,960 --> 00:01:59,840 Speaker 2: but my father I was born in Puerto Rico, so 29 00:02:00,080 --> 00:02:02,880 Speaker 2: we have family on both sides of the ocean, if 30 00:02:02,920 --> 00:02:07,000 Speaker 2: you will. I spent most of my time as a 31 00:02:07,000 --> 00:02:10,160 Speaker 2: teenager in Detroit, but I was raised in Puerto Rico. 32 00:02:10,880 --> 00:02:14,000 Speaker 2: My mother tells me that as a child, she said, 33 00:02:14,040 --> 00:02:16,840 Speaker 2: I was I was a pretty lively individu you. As 34 00:02:16,880 --> 00:02:21,120 Speaker 2: a child, I'm animated, hyper to a degree. Always, she said. 35 00:02:21,120 --> 00:02:22,440 Speaker 2: I always always smiled. 36 00:02:23,520 --> 00:02:27,680 Speaker 1: But the family had its troubles. Both of Wilson's parents 37 00:02:27,800 --> 00:02:29,480 Speaker 1: struggled with substance abuse. 38 00:02:31,160 --> 00:02:33,640 Speaker 2: My father was an alcoholic. He was as far as 39 00:02:33,680 --> 00:02:36,160 Speaker 2: I could remember images, I could see my father being 40 00:02:36,160 --> 00:02:40,200 Speaker 2: a man abuser, getting in domestical youth. My mother ended 41 00:02:40,280 --> 00:02:44,720 Speaker 2: up engaging drugs, drinking, and so her life at that 42 00:02:44,760 --> 00:02:46,680 Speaker 2: time she did. My mother had a lot of personal 43 00:02:46,720 --> 00:02:49,880 Speaker 2: issues and personal demons that she was struggling against that 44 00:02:50,000 --> 00:02:52,480 Speaker 2: she never could deal with at the time, so her 45 00:02:52,880 --> 00:02:54,800 Speaker 2: life was spiraling out of control. 46 00:02:55,760 --> 00:02:59,120 Speaker 1: Wilson's parents separated, and his father ended up moving back 47 00:02:59,120 --> 00:03:02,480 Speaker 1: to Puerto Rico. His mother did her best to care 48 00:03:02,560 --> 00:03:04,720 Speaker 1: for Wilson and his brother Antonio. 49 00:03:05,280 --> 00:03:08,040 Speaker 2: My mother did struggle at the time, but she may 50 00:03:08,120 --> 00:03:10,600 Speaker 2: do with what we had. I don't remember going hungry, 51 00:03:10,720 --> 00:03:13,560 Speaker 2: and we always have something to eat, whether it was 52 00:03:13,600 --> 00:03:18,400 Speaker 2: some wig or food stamps or focus home. I can 53 00:03:18,440 --> 00:03:21,360 Speaker 2: honestly said that we became somewhat of introverts, Me and 54 00:03:21,400 --> 00:03:23,679 Speaker 2: my brother. We could depend on each other, but that 55 00:03:23,880 --> 00:03:27,240 Speaker 2: was about it only because throughout our childhood it was 56 00:03:27,280 --> 00:03:28,800 Speaker 2: always me and hid that were together, Me and my 57 00:03:28,840 --> 00:03:30,799 Speaker 2: older brother. It's alway about one year Antonio. 58 00:03:32,280 --> 00:03:34,880 Speaker 1: For most of his childhood, Wilson went back and forth 59 00:03:34,920 --> 00:03:38,600 Speaker 1: between their mother and Detroit and their father in Puerto Rico. 60 00:03:39,000 --> 00:03:41,960 Speaker 1: In nineteen eighty four, when he was ten, they moved 61 00:03:42,040 --> 00:03:45,080 Speaker 1: back to Detroit, but he struggled in school. 62 00:03:47,760 --> 00:03:50,720 Speaker 2: I had the language barrier. We didn't really speak English. 63 00:03:51,000 --> 00:03:54,440 Speaker 2: They placed us in bilingual classes where basically we were 64 00:03:54,560 --> 00:03:57,280 Speaker 2: just put in a classroom and as far as I 65 00:03:57,280 --> 00:03:59,920 Speaker 2: can remember, just left there. That you become kind of 66 00:04:00,080 --> 00:04:03,840 Speaker 2: like ostracized, and I began to resent school. I was 67 00:04:03,880 --> 00:04:06,080 Speaker 2: constantly getting to fight in school and get in trouble. 68 00:04:06,960 --> 00:04:09,720 Speaker 1: The trouble continued through his teens. 69 00:04:10,160 --> 00:04:12,120 Speaker 2: I used to be a member. We were through a 70 00:04:12,160 --> 00:04:16,599 Speaker 2: local street gang, Camel Boys Incorporated CBI, and consequently we 71 00:04:16,600 --> 00:04:19,240 Speaker 2: was involved in a lot of mischievous behavior as in 72 00:04:19,279 --> 00:04:25,400 Speaker 2: the neighborhood, and I started getting trouble shoplifting and things 73 00:04:25,440 --> 00:04:29,520 Speaker 2: of that nature at the time and skipping out of school. 74 00:04:30,560 --> 00:04:34,520 Speaker 1: But soon the neighborhood mischief was escalating into something else. 75 00:04:37,560 --> 00:04:41,839 Speaker 2: About nineteen eighty seven, Southwest Detroit began to receive the 76 00:04:41,920 --> 00:04:45,680 Speaker 2: influx of national gangs. There were two or three primary 77 00:04:45,680 --> 00:04:49,240 Speaker 2: gags for Chicago who ended up coming to Southwest Detroit 78 00:04:49,440 --> 00:04:53,400 Speaker 2: and they began to recruit individuals and what ends up 79 00:04:53,400 --> 00:04:56,279 Speaker 2: happening local street gangs in the neighborhood. We all bended 80 00:04:56,360 --> 00:04:59,760 Speaker 2: us one together and where we were constantly fighting with 81 00:04:59,800 --> 00:05:01,479 Speaker 2: these the gangs. 82 00:05:01,560 --> 00:05:04,960 Speaker 1: In nineteen ninety, when Wilson was sixteen, one of his 83 00:05:05,000 --> 00:05:07,640 Speaker 1: friends was shot in the face by a member of 84 00:05:07,720 --> 00:05:11,039 Speaker 1: a rival gang. This led to an incident that would 85 00:05:11,120 --> 00:05:14,320 Speaker 1: end up having deep repercussions for Wilson. 86 00:05:15,760 --> 00:05:17,920 Speaker 2: Basically, one of my other friends went and got a weapon, 87 00:05:18,240 --> 00:05:22,600 Speaker 2: a shotgun, and brought me the shotgun and I opened 88 00:05:22,680 --> 00:05:27,719 Speaker 2: fire at the rival gang, and as I fled the scene, 89 00:05:27,920 --> 00:05:30,159 Speaker 2: I came face to face with a member of the 90 00:05:30,200 --> 00:05:34,239 Speaker 2: Detroit Police. I pulled the webinarut and as I pulled 91 00:05:34,240 --> 00:05:37,760 Speaker 2: the webin out, I hope discharged it and it didn't 92 00:05:37,800 --> 00:05:41,240 Speaker 2: hit him. Later on the following day, I was arrested 93 00:05:41,560 --> 00:05:45,520 Speaker 2: and eventually I pled guilty to the offense. 94 00:05:46,480 --> 00:05:49,120 Speaker 1: He was charged with attempt to commit bodily harm on 95 00:05:49,200 --> 00:05:50,120 Speaker 1: a police officer. 96 00:05:50,880 --> 00:05:52,160 Speaker 2: That's what I want you to do, w I'm for. 97 00:05:56,640 --> 00:06:00,800 Speaker 1: Wilson spent over two years at the Maxie Boys Training School, 98 00:06:00,960 --> 00:06:04,720 Speaker 1: a juvenile correction facility about an hour outside of Detroit, 99 00:06:05,440 --> 00:06:08,280 Speaker 1: and when he was released in nineteen ninety three, he 100 00:06:08,440 --> 00:06:12,000 Speaker 1: still hadn't graduated high school, but he did manage to 101 00:06:12,040 --> 00:06:13,560 Speaker 1: find a job in a factory. 102 00:06:14,400 --> 00:06:16,400 Speaker 2: At the time I was working, but then I had 103 00:06:16,400 --> 00:06:19,680 Speaker 2: suffered a hand injury or gusha wound where I couldn't 104 00:06:19,920 --> 00:06:22,400 Speaker 2: really use my hand and keep up with the production. 105 00:06:22,560 --> 00:06:25,039 Speaker 2: So instead of being fired I quit the job, and 106 00:06:25,200 --> 00:06:27,599 Speaker 2: the way that I will survive it would be either 107 00:06:27,720 --> 00:06:31,599 Speaker 2: petty hustle or I will engage in small and I'm 108 00:06:31,600 --> 00:06:34,039 Speaker 2: not minimizing it, but it was what we would consider 109 00:06:34,080 --> 00:06:36,880 Speaker 2: small robberies in the neighborhood, and it would be dope 110 00:06:36,960 --> 00:06:39,000 Speaker 2: dealers or things of the source. 111 00:06:40,279 --> 00:06:42,919 Speaker 1: Wilson got by on the petty crimes and was still 112 00:06:43,000 --> 00:06:46,279 Speaker 1: running with the Camel Boys, but when he was around nineteen, 113 00:06:46,560 --> 00:06:49,120 Speaker 1: his girlfriend told him some news that made him want 114 00:06:49,160 --> 00:06:50,280 Speaker 1: to change his lifestyle. 115 00:06:51,200 --> 00:06:54,760 Speaker 2: I was excited when I found out that Sho was pregnant. 116 00:06:55,360 --> 00:06:57,640 Speaker 2: I wasn't I wouldn't say I was scared, but I 117 00:06:57,760 --> 00:07:02,000 Speaker 2: knew that I want to make like a shift in 118 00:07:02,000 --> 00:07:05,600 Speaker 2: my life. I wanted to be a person for my daughters, and. 119 00:07:05,480 --> 00:07:09,039 Speaker 1: To Wilson, that meant leaving gang life behind, but he 120 00:07:09,200 --> 00:07:11,520 Speaker 1: found that was easier said than done. 121 00:07:12,200 --> 00:07:16,160 Speaker 2: I had started applying for jobs. I wanted to try 122 00:07:16,160 --> 00:07:17,440 Speaker 2: to see if I could get back in the old 123 00:07:17,480 --> 00:07:19,320 Speaker 2: factory where I was working at, but maybe in a 124 00:07:19,320 --> 00:07:22,120 Speaker 2: different position where it then requires for me to work 125 00:07:22,120 --> 00:07:25,440 Speaker 2: in the machines that I had to be working on before. Unfortunately, 126 00:07:25,480 --> 00:07:27,640 Speaker 2: though I still live in the same environment. Though the 127 00:07:27,680 --> 00:07:31,560 Speaker 2: neighborhood where I lived at, like my house was smacked. 128 00:07:31,600 --> 00:07:36,360 Speaker 2: It in the middle of basically all the rival gangs 129 00:07:36,400 --> 00:07:39,480 Speaker 2: that I was in fights with, So there was one 130 00:07:39,520 --> 00:07:41,800 Speaker 2: of them things where it was kind of constantly going 131 00:07:41,840 --> 00:07:42,440 Speaker 2: back and forth. 132 00:07:43,240 --> 00:07:45,880 Speaker 1: Wilson was living in the neighborhood, spending his nights at 133 00:07:45,880 --> 00:07:48,440 Speaker 1: his girlfriend's house and leaving early in the morning to 134 00:07:48,480 --> 00:07:50,480 Speaker 1: try and avoid the other gangs. 135 00:07:51,000 --> 00:07:53,520 Speaker 2: I figured that me going home in the mornings would 136 00:07:53,520 --> 00:07:56,080 Speaker 2: be a lot safer as opposed to you know, coming 137 00:07:56,160 --> 00:08:00,480 Speaker 2: home at midnight or late at night time because said 138 00:08:00,600 --> 00:08:02,720 Speaker 2: by that company rival gangs, because he that you're home. 139 00:08:04,080 --> 00:08:06,240 Speaker 1: Wilson had decided to give up the petty crime in 140 00:08:06,280 --> 00:08:09,120 Speaker 1: gang life, but he hadn't found a job yet and 141 00:08:09,160 --> 00:08:12,000 Speaker 1: he was still involved with the same crowd. One of 142 00:08:12,040 --> 00:08:14,520 Speaker 1: his friends, kal Matta, was in a gang called the 143 00:08:14,520 --> 00:08:17,920 Speaker 1: cash Flow Posse, a gang that the Camel Boys had 144 00:08:17,920 --> 00:08:21,840 Speaker 1: an alliance with. Cal also worked at a local pizza shop, 145 00:08:22,120 --> 00:08:25,320 Speaker 1: and one day Cal approached Wilson and his friend Roger 146 00:08:25,400 --> 00:08:28,440 Speaker 1: Murfk with a scheme to make some easy money. 147 00:08:29,560 --> 00:08:31,400 Speaker 2: What he had informed those was that there was a 148 00:08:31,440 --> 00:08:34,480 Speaker 2: guy that was delivering pizzas, but he was doing so 149 00:08:35,480 --> 00:08:38,240 Speaker 2: while at the same time challenge drugs, we were led 150 00:08:38,280 --> 00:08:41,720 Speaker 2: to believe that this person had at least two thousand 151 00:08:41,760 --> 00:08:44,760 Speaker 2: dollars from drug proceeds on himself. 152 00:08:47,640 --> 00:08:51,199 Speaker 1: On September twelfth, nineteen ninety three, Wilson and Roger were 153 00:08:51,320 --> 00:08:54,160 Speaker 1: armed and waiting to rob the pizza guy along his route, 154 00:08:54,559 --> 00:08:57,560 Speaker 1: but he was taking longer than they expected, so they 155 00:08:57,600 --> 00:09:00,640 Speaker 1: thought they might have missed him. Roger knew a guy 156 00:09:00,720 --> 00:09:03,800 Speaker 1: named Douglas Williams who lived across the street, and he 157 00:09:03,840 --> 00:09:05,679 Speaker 1: went over to Doug's house to ask if he could 158 00:09:05,760 --> 00:09:06,360 Speaker 1: use the phone. 159 00:09:08,520 --> 00:09:12,360 Speaker 2: Eventually, the piece that every guy comes and we robbed 160 00:09:12,360 --> 00:09:16,720 Speaker 2: the guy and he didn't have no two thousand dollars. 161 00:09:16,760 --> 00:09:19,120 Speaker 2: He didn't have eight hundred dollars. The individual actually only 162 00:09:19,120 --> 00:09:21,800 Speaker 2: had four hundred dollars. So when Kel comes to the 163 00:09:21,840 --> 00:09:24,120 Speaker 2: apartment after he gets out of work at ten o'clock 164 00:09:24,400 --> 00:09:27,480 Speaker 2: and he asked for his portion of the money, I 165 00:09:27,480 --> 00:09:29,360 Speaker 2: told him he wasn't going to get the money because 166 00:09:29,360 --> 00:09:31,840 Speaker 2: he lied about what the guy had, and so we 167 00:09:31,960 --> 00:09:32,719 Speaker 2: fell out over there. 168 00:09:34,000 --> 00:09:36,720 Speaker 1: And that should have been that robbery and a small 169 00:09:36,840 --> 00:09:41,560 Speaker 1: argument over a few hundred dollars, but it wasn't. Twenty 170 00:09:41,640 --> 00:09:44,600 Speaker 1: year old Douglas Williams lived with his parents, Lavanda and 171 00:09:44,679 --> 00:09:48,280 Speaker 1: Daniel Brown, and three days after the pizza man was robbed, 172 00:09:48,640 --> 00:09:52,679 Speaker 1: two men burst into their house wearing ski masks. One 173 00:09:52,679 --> 00:09:55,840 Speaker 1: of the intruders shot and killed both Doug and Lavanda, 174 00:09:56,559 --> 00:10:01,959 Speaker 1: but Daniel, Doug's father survived. He talked with police shortly afterwards. 175 00:10:02,360 --> 00:10:04,760 Speaker 1: Daniel told them that Doug had known about the armed 176 00:10:04,840 --> 00:10:06,720 Speaker 1: robbery from a few days before. 177 00:10:09,200 --> 00:10:13,440 Speaker 3: Daniel Brown said that his son Doug had told him 178 00:10:13,640 --> 00:10:17,520 Speaker 3: that Wilson Rivera and Roger Murfick were the two individuals 179 00:10:17,600 --> 00:10:19,840 Speaker 3: involved in that armed robbery. 180 00:10:20,520 --> 00:10:23,440 Speaker 1: This is Wilson's post conviction attorney, Rachel Wolfe. 181 00:10:23,800 --> 00:10:26,520 Speaker 3: There was plenty there for the prosecution to latch onto 182 00:10:26,679 --> 00:10:29,720 Speaker 3: and for the police to investigate, because they knew exactly 183 00:10:29,760 --> 00:10:32,760 Speaker 3: who Roger Murfick and Wilson Rivera were at the time. 184 00:10:33,200 --> 00:10:37,400 Speaker 1: And one member of the Detroit Police Department, Officer Gerald Packard, 185 00:10:37,800 --> 00:10:41,840 Speaker 1: had his own reasons for focusing on Wilson. The officer 186 00:10:41,880 --> 00:10:44,360 Speaker 1: that Wilson had shot at back when he was sixteen. 187 00:10:44,920 --> 00:10:48,320 Speaker 1: Officer Ayala was Packard's partner. 188 00:10:48,760 --> 00:10:52,840 Speaker 3: So Officer Packard knew Wilson. He knew that he had 189 00:10:52,840 --> 00:10:56,240 Speaker 3: gotten what I imagine Packard would assume is a short 190 00:10:56,280 --> 00:11:01,600 Speaker 3: sentence for something like that. He is not on the 191 00:11:01,679 --> 00:11:06,719 Speaker 3: homicide team. He was not part of the homicide investigation, 192 00:11:07,280 --> 00:11:10,560 Speaker 3: but he was the one when he heard that Roger 193 00:11:10,600 --> 00:11:14,120 Speaker 3: and Wilson were potentially suspects. He was the one that 194 00:11:14,240 --> 00:11:18,880 Speaker 3: went to Wilson's apartment knocking on the door, and then ultimately, 195 00:11:19,040 --> 00:11:23,760 Speaker 3: once the warrant was obtained, just busted right in to 196 00:11:23,920 --> 00:11:24,640 Speaker 3: the apartment. 197 00:11:25,280 --> 00:11:28,240 Speaker 2: And when they arrest me at my house, I'm under 198 00:11:28,280 --> 00:11:30,160 Speaker 2: the assumption that they're looking for me for the robbery. 199 00:11:30,440 --> 00:11:33,440 Speaker 2: And so when they take me, the homicide Sergeant Morell 200 00:11:34,000 --> 00:11:36,360 Speaker 2: tells me that he's arrested me for murder. I'm thinking 201 00:11:36,400 --> 00:11:38,160 Speaker 2: that this is a trick that they're playing on me 202 00:11:38,600 --> 00:11:41,199 Speaker 2: so that I could go ahead and admit to the robbery. 203 00:11:42,440 --> 00:11:45,640 Speaker 1: But Wilson knew nothing about the homicide. The night of 204 00:11:45,679 --> 00:11:48,000 Speaker 1: the shooting, he had been with his girlfriend and her 205 00:11:48,000 --> 00:11:50,760 Speaker 1: mother at their house. He didn't learn about the shooting 206 00:11:50,840 --> 00:11:53,360 Speaker 1: until the next day, when he found out that Roger 207 00:11:53,760 --> 00:11:55,400 Speaker 1: had also been arrested. 208 00:11:57,400 --> 00:12:01,640 Speaker 2: I've seen Roger aside, and when they put him in 209 00:12:01,640 --> 00:12:05,080 Speaker 2: a bulkin, and that's when I asked Rogers like what's 210 00:12:05,080 --> 00:12:08,040 Speaker 2: going on, and he explained to me what had actually 211 00:12:08,120 --> 00:12:11,480 Speaker 2: taken place with the murder with the ham size. Now again, 212 00:12:12,120 --> 00:12:16,079 Speaker 2: I'm operating under this concept of loads that we have 213 00:12:16,280 --> 00:12:19,720 Speaker 2: within the gang, right, so I'm not going to say nothing. 214 00:12:20,000 --> 00:12:22,319 Speaker 2: They're not going to say nothing, you know, and we 215 00:12:22,480 --> 00:12:24,400 Speaker 2: just take it out and see what happens. In my mind, 216 00:12:24,480 --> 00:12:27,160 Speaker 2: I'm assuming that eventually the facts are going to bear 217 00:12:27,240 --> 00:12:29,600 Speaker 2: me out. Since I don't have nothing to do with it, 218 00:12:29,600 --> 00:12:34,120 Speaker 2: it's just a matter of time before I'm clear. Unfortunately, 219 00:12:34,160 --> 00:12:35,560 Speaker 2: if we could see, that's not where I ended up 220 00:12:35,559 --> 00:12:36,120 Speaker 2: taking place. 221 00:12:47,840 --> 00:12:50,640 Speaker 1: Thank you for listening to Wrongful Conviction with Maggie Freeling. 222 00:12:51,160 --> 00:12:53,520 Speaker 1: You can listen to this and all the Lava for 223 00:12:53,640 --> 00:12:57,600 Speaker 1: Good podcasts one week early and ad free by subscribing 224 00:12:57,720 --> 00:13:10,240 Speaker 1: to Lava for Good Plus on Apple Pods cast. In 225 00:13:10,280 --> 00:13:13,839 Speaker 1: the aftermath of the shooting, the Detroit homicide squad, headed 226 00:13:13,920 --> 00:13:17,240 Speaker 1: up by Officer Carrie Russell, rounded up a number of 227 00:13:17,240 --> 00:13:20,880 Speaker 1: local gang members and charged them with the murders. One 228 00:13:20,960 --> 00:13:23,400 Speaker 1: of the first to be arrested with cal Mata. 229 00:13:24,640 --> 00:13:27,880 Speaker 3: They knew they were looking for Wilson and Roger. They 230 00:13:27,880 --> 00:13:31,439 Speaker 3: went to this house that was a known location for 231 00:13:32,000 --> 00:13:35,520 Speaker 3: both the cash Flow Posse gang and the Camel Boys Gang, 232 00:13:35,880 --> 00:13:40,280 Speaker 3: so they they came in, they arrested Cal. At that time, 233 00:13:40,320 --> 00:13:43,000 Speaker 3: he was the only person in that apartment with a 234 00:13:43,120 --> 00:13:46,960 Speaker 3: number of firearms. They also found a ski mask and 235 00:13:47,080 --> 00:13:50,920 Speaker 3: a jacket inside of that apartment that they ultimately seized 236 00:13:50,960 --> 00:13:53,040 Speaker 3: and ended up admitting at trial as well. 237 00:13:54,760 --> 00:13:58,200 Speaker 1: While in custody, Cal told Officer Packard that he had 238 00:13:58,240 --> 00:14:02,040 Speaker 1: heard Wilson and Roger talking about Doug Williams calling him 239 00:14:02,040 --> 00:14:04,600 Speaker 1: a snitch. Cal took that to me and they were 240 00:14:04,600 --> 00:14:07,120 Speaker 1: going to take steps to make sure Doug couldn't report 241 00:14:07,160 --> 00:14:10,360 Speaker 1: them for the robbery. The police also brought in a 242 00:14:10,400 --> 00:14:14,200 Speaker 1: couple of other gang members for questioning, Armando Campos and 243 00:14:14,320 --> 00:14:17,560 Speaker 1: Ephram Garcia. Both of them were in the cash Flow 244 00:14:17,600 --> 00:14:21,200 Speaker 1: Posse and according to Wilson, Ephram was trying to climb 245 00:14:21,200 --> 00:14:22,360 Speaker 1: the ranks in the gang. 246 00:14:23,560 --> 00:14:26,280 Speaker 2: The way that the gang was operating was that in 247 00:14:26,440 --> 00:14:28,840 Speaker 2: order for an individual to move up in the ranks, 248 00:14:29,320 --> 00:14:33,200 Speaker 2: right to either become an enforcer or treasurer or whatever 249 00:14:33,600 --> 00:14:36,880 Speaker 2: other upper echeline in the gang, what they would have 250 00:14:36,920 --> 00:14:38,360 Speaker 2: to do is they would have to what we call 251 00:14:38,400 --> 00:14:41,080 Speaker 2: back then put in work, you know, whether it be 252 00:14:41,360 --> 00:14:44,280 Speaker 2: if you rob somebody, if you shout somebody, he jumped 253 00:14:44,280 --> 00:14:47,240 Speaker 2: somebody in the schools and all that. The reputation of that, 254 00:14:47,400 --> 00:14:49,360 Speaker 2: whatever you do, goes to the gang. So in order 255 00:14:49,400 --> 00:14:52,320 Speaker 2: for Ethom to move up in the ranks in his gang, 256 00:14:53,000 --> 00:14:55,480 Speaker 2: he wanted to put in the work, and in. 257 00:14:55,440 --> 00:14:59,080 Speaker 1: This case, the work was to keep Doug Williams from 258 00:14:59,160 --> 00:15:02,840 Speaker 1: snitching a about the pizza robbery. Wilson says that that 259 00:15:03,040 --> 00:15:06,600 Speaker 1: day at the jail, Roger told him exactly how it 260 00:15:06,680 --> 00:15:07,360 Speaker 1: had gone down. 261 00:15:08,120 --> 00:15:11,400 Speaker 2: And so Roger and Etham go to the house where 262 00:15:11,440 --> 00:15:13,680 Speaker 2: the witness of the robbery was and Ethel kicks down 263 00:15:13,760 --> 00:15:17,400 Speaker 2: the door and opens fire and hits Dug, and then 264 00:15:17,480 --> 00:15:20,520 Speaker 2: Roger comes from the other side and hits Doug. And 265 00:15:20,560 --> 00:15:24,920 Speaker 2: then as Doug's mother attempts to flee that the residence, 266 00:15:25,640 --> 00:15:28,360 Speaker 2: Roger opens fire on him and he hits her as well. 267 00:15:32,880 --> 00:15:36,040 Speaker 1: After what Roger told him, Wilson was confident that the 268 00:15:36,080 --> 00:15:39,200 Speaker 1: truth would come out and he'd be released. But Roger 269 00:15:39,520 --> 00:15:43,880 Speaker 1: never confessed to anyone else, and the homicide team continued 270 00:15:43,920 --> 00:15:44,840 Speaker 1: to question. 271 00:15:44,520 --> 00:15:47,560 Speaker 2: Wilson, and I told him exactly where I was at. 272 00:15:47,800 --> 00:15:49,480 Speaker 2: To him, I was spending the night with my daughter's 273 00:15:49,520 --> 00:15:52,080 Speaker 2: mother and she was at the time twenty half months pregnant. 274 00:15:52,400 --> 00:15:54,880 Speaker 2: In my mind, I know where I was at. So 275 00:15:54,920 --> 00:15:56,720 Speaker 2: I gave him to Alibi and gave him everything where 276 00:15:56,720 --> 00:15:59,520 Speaker 2: I was, that and everything. And my expectation was that 277 00:15:59,520 --> 00:16:02,280 Speaker 2: they were talk through my daughter's mother, but that never 278 00:16:02,320 --> 00:16:02,880 Speaker 2: took place. 279 00:16:05,760 --> 00:16:08,880 Speaker 1: When Armando compost was questioned, he told police that the 280 00:16:08,960 --> 00:16:11,640 Speaker 1: day after the homicide, Roger had turned up at his 281 00:16:11,720 --> 00:16:13,760 Speaker 1: house desperate for money. 282 00:16:14,920 --> 00:16:19,120 Speaker 3: Roger red, I just smoked someone. I just smoked someone. 283 00:16:19,360 --> 00:16:21,440 Speaker 3: I need as much money as possible. I got to 284 00:16:21,480 --> 00:16:24,520 Speaker 3: get out of town. And then, when questioned a little further, 285 00:16:25,480 --> 00:16:29,600 Speaker 3: Armando also said, yeah, he mentioned Wilson too. He mentioned 286 00:16:29,640 --> 00:16:30,680 Speaker 3: Wilson was there too. 287 00:16:31,520 --> 00:16:34,920 Speaker 1: Wilson and Roger were now the primary suspects, and both 288 00:16:35,000 --> 00:16:38,760 Speaker 1: were charged with the murders. In September of nineteen ninety three, 289 00:16:39,320 --> 00:16:42,640 Speaker 1: a joint preliminary hearing was held, at which cal and 290 00:16:42,760 --> 00:16:47,880 Speaker 1: Armando testified. Both repeated what they had told police, but 291 00:16:47,960 --> 00:16:50,560 Speaker 1: when Roger Murphick went to trial in April of nineteen 292 00:16:50,600 --> 00:16:53,560 Speaker 1: ninety four, Armando changed his story. 293 00:16:54,520 --> 00:16:58,440 Speaker 3: Armando recanted everything he had said at the preliminary examination. 294 00:16:58,840 --> 00:17:02,160 Speaker 3: He said, no, I never made those statements. The only 295 00:17:02,200 --> 00:17:06,199 Speaker 3: reason that I made those statements is because I was arrested. 296 00:17:06,880 --> 00:17:09,480 Speaker 3: You know, I was charged. I was threatened by the police. 297 00:17:09,520 --> 00:17:12,480 Speaker 3: I said exactly what they wanted me to say. Roger, 298 00:17:12,560 --> 00:17:14,680 Speaker 3: of course, was acquitted of all of the. 299 00:17:14,680 --> 00:17:19,200 Speaker 1: Charges, but Wilson remained in jail. He went to trial 300 00:17:19,280 --> 00:17:22,600 Speaker 1: a few months later on September sixth, nineteen ninety four. 301 00:17:23,320 --> 00:17:26,440 Speaker 1: The judge was Helen Brown and the prosecutor was Lisa Lindsay. 302 00:17:27,240 --> 00:17:30,720 Speaker 1: As far as physical evidence, there wasn't much for the 303 00:17:30,760 --> 00:17:31,639 Speaker 1: state to present. 304 00:17:32,240 --> 00:17:36,080 Speaker 3: We don't have fingerprints, They didn't fingerprint the shell casings 305 00:17:36,160 --> 00:17:39,400 Speaker 3: or anything in the house at the time. Obviously there's 306 00:17:39,440 --> 00:17:41,440 Speaker 3: no DNA or anything like that. It was a really 307 00:17:41,520 --> 00:17:43,200 Speaker 3: quick homicide. 308 00:17:43,359 --> 00:17:46,840 Speaker 1: Officer Packard and the homicide squad had searched Wilson's home 309 00:17:47,080 --> 00:17:48,600 Speaker 1: the day they arrested him. 310 00:17:49,119 --> 00:17:54,680 Speaker 3: And they find two firearms and two ski masks, one 311 00:17:54,720 --> 00:17:58,000 Speaker 3: of which was black or dark blue in color. The 312 00:17:58,080 --> 00:18:01,480 Speaker 3: other one was a multicolored. Those guns were tested against 313 00:18:01,520 --> 00:18:04,200 Speaker 3: some of the shell casings that were recovered in the house, 314 00:18:04,400 --> 00:18:08,120 Speaker 3: and the there was a bullet I believe recovered from 315 00:18:08,600 --> 00:18:12,119 Speaker 3: Doug's body during the autopsy, and there wasn't a match 316 00:18:12,560 --> 00:18:16,280 Speaker 3: so conclusively neither of the weapons found in Wilson's home 317 00:18:16,760 --> 00:18:19,919 Speaker 3: were involved in the homicide. They were allowed, however, to 318 00:18:20,040 --> 00:18:23,760 Speaker 3: admit them at trial, along with a bunch of ammunition 319 00:18:23,840 --> 00:18:26,119 Speaker 3: that they found in Wilson's home, none of which was 320 00:18:26,160 --> 00:18:29,120 Speaker 3: the right caliber to be involved in the homicide either. 321 00:18:29,400 --> 00:18:32,000 Speaker 1: But they presented it as if it could be. 322 00:18:32,200 --> 00:18:34,879 Speaker 3: They sure did. Yeah, they presented all of that to 323 00:18:34,920 --> 00:18:35,399 Speaker 3: the jury. 324 00:18:36,040 --> 00:18:39,439 Speaker 1: The state relied heavily on police and witness testimony to 325 00:18:39,480 --> 00:18:42,680 Speaker 1: make their case, but there wasn't much of that either. 326 00:18:43,440 --> 00:18:48,520 Speaker 3: Daniel Brown testified to the armed robbery and named these 327 00:18:48,640 --> 00:18:52,800 Speaker 3: two co defendants as perpetrators of that armed robbery, and 328 00:18:52,840 --> 00:18:57,600 Speaker 3: then they also had testimony from one other witness, kal Matta. 329 00:18:58,119 --> 00:19:00,520 Speaker 1: Cal repeated the statement he had given the police that 330 00:19:00,600 --> 00:19:02,959 Speaker 1: he had heard Wilson and Roger talking about getting rid 331 00:19:02,960 --> 00:19:05,960 Speaker 1: of Doug Williams, and that was about it for the 332 00:19:06,000 --> 00:19:07,119 Speaker 1: prosecution's case. 333 00:19:08,200 --> 00:19:11,040 Speaker 2: The officer in charge of the case, you know who, 334 00:19:11,160 --> 00:19:13,080 Speaker 2: was basically the one that was responsible for taking other 335 00:19:13,160 --> 00:19:16,000 Speaker 2: testimonies from all these witnesses and all that she felt 336 00:19:16,000 --> 00:19:17,680 Speaker 2: to shored up for my trial, even though she knew 337 00:19:17,800 --> 00:19:20,000 Speaker 2: my trouble set for that day, and so all of 338 00:19:20,040 --> 00:19:23,720 Speaker 2: these things that was taken place, I'm looking at what 339 00:19:23,760 --> 00:19:25,600 Speaker 2: was going on. I was like, yeah, at least in 340 00:19:25,600 --> 00:19:28,320 Speaker 2: my mind, I was hoping that the judge was going 341 00:19:28,359 --> 00:19:29,960 Speaker 2: to say, you know, I'm going to interfere in this 342 00:19:30,040 --> 00:19:32,320 Speaker 2: thing here and I'm going to dismiss it for the 343 00:19:32,440 --> 00:19:34,760 Speaker 2: lack of evidence, and because of what was going on 344 00:19:34,880 --> 00:19:37,000 Speaker 2: with the prosecute fell to produce their witnesses. 345 00:19:38,200 --> 00:19:42,720 Speaker 1: And not only that, Wilson had an alibi. Remember on 346 00:19:42,760 --> 00:19:45,000 Speaker 1: the night of the murders, he'd been with his girlfriend, 347 00:19:45,720 --> 00:19:50,400 Speaker 1: but she never testified at trial, and surprisingly Armando Compos 348 00:19:50,440 --> 00:19:51,840 Speaker 1: did not appear either. 349 00:19:56,200 --> 00:19:59,359 Speaker 2: So when my attorney at the time, mister Griffin, asked 350 00:19:59,440 --> 00:20:03,400 Speaker 2: to I have a due diligence hearing as to why 351 00:20:04,080 --> 00:20:07,080 Speaker 2: Armando has not shown up to testify, we find out 352 00:20:07,080 --> 00:20:11,639 Speaker 2: that the prosecutor at the time has failed to subpoena 353 00:20:11,800 --> 00:20:14,400 Speaker 2: Armando and so he never showed up to testify because 354 00:20:14,400 --> 00:20:15,000 Speaker 2: he never knew. 355 00:20:16,320 --> 00:20:20,720 Speaker 3: I think ultimately it's entirely possible that Roger was acquitted 356 00:20:20,760 --> 00:20:24,960 Speaker 3: and Wilson was convicted because of the absence of Armando 357 00:20:25,040 --> 00:20:26,280 Speaker 3: Compos's testimony. 358 00:20:27,359 --> 00:20:30,720 Speaker 1: On September ninth of nineteen ninety four, the jury found 359 00:20:30,720 --> 00:20:34,600 Speaker 1: Wilson Rivera guilty of the premeditated murders of Donald Williams 360 00:20:34,840 --> 00:20:38,679 Speaker 1: and Lavanda Brown. He was sentenced to life in prison 361 00:20:38,960 --> 00:20:41,160 Speaker 1: without the possibility of parole. 362 00:20:59,119 --> 00:21:01,280 Speaker 2: After I came to prey sat within the first year, 363 00:21:01,400 --> 00:21:03,800 Speaker 2: I winned for an enimy to get into a fight 364 00:21:03,920 --> 00:21:09,200 Speaker 2: and he got stamped. Eventually he died understad one and 365 00:21:09,640 --> 00:21:14,320 Speaker 2: he basically laid out, and so they locked us down, 366 00:21:14,359 --> 00:21:16,840 Speaker 2: and I told myself, Yeah, that's not going to happen 367 00:21:16,880 --> 00:21:21,400 Speaker 2: to me, you know. So I went into hope defensive postering, 368 00:21:21,640 --> 00:21:24,199 Speaker 2: and any issue that I had, I either was going 369 00:21:24,280 --> 00:21:25,920 Speaker 2: to get into a fight. I wasn't going to wait 370 00:21:25,920 --> 00:21:27,359 Speaker 2: for anybody to stab me to try to kill me 371 00:21:27,400 --> 00:21:30,679 Speaker 2: in prison. And so what I ended up doing I 372 00:21:30,680 --> 00:21:32,960 Speaker 2: started acting O first, so if I felt that we 373 00:21:33,000 --> 00:21:36,159 Speaker 2: had an issue, I would act first. And I actually 374 00:21:36,280 --> 00:21:39,480 Speaker 2: caught a couple of assault tickets in prison. I spent 375 00:21:39,600 --> 00:21:43,400 Speaker 2: several years in mechimum security, several years, and the whole 376 00:21:44,359 --> 00:21:46,879 Speaker 2: you know, I didn't care much about where I was 377 00:21:46,920 --> 00:21:49,720 Speaker 2: at in prison at that time, you know, and had 378 00:21:49,800 --> 00:21:52,840 Speaker 2: just turned twenty and being sentenced to life without parole, 379 00:21:53,000 --> 00:21:55,040 Speaker 2: and the only thing that kind of set me to 380 00:21:55,080 --> 00:21:58,560 Speaker 2: a degree. Balanced out was that I was I wanted 381 00:21:58,600 --> 00:21:59,280 Speaker 2: to see my daughter. 382 00:22:00,160 --> 00:22:03,640 Speaker 1: While Wilson was in jail awaiting trial, his daughter, Sierra 383 00:22:03,800 --> 00:22:04,200 Speaker 1: was born. 384 00:22:05,520 --> 00:22:07,040 Speaker 2: The first time that I got a chance to see 385 00:22:07,040 --> 00:22:10,520 Speaker 2: her was actually doing my sentencing. So the time that 386 00:22:10,560 --> 00:22:13,760 Speaker 2: I'm being sentenced to life without parole, I'm actually paying 387 00:22:13,760 --> 00:22:16,199 Speaker 2: more so attention to my daughter, who basically was just 388 00:22:16,240 --> 00:22:17,480 Speaker 2: a few months old at the time. 389 00:22:17,520 --> 00:22:20,199 Speaker 4: You know, he's been in prison my whole life. So 390 00:22:20,240 --> 00:22:22,439 Speaker 4: what I do know is from the relationship we formed 391 00:22:22,440 --> 00:22:23,439 Speaker 4: with him being in prison. 392 00:22:24,200 --> 00:22:26,560 Speaker 1: This is Wilson's daughter, Sierra Ramirez. 393 00:22:31,480 --> 00:22:34,919 Speaker 4: He's funny, he's intelligent, and I are a lot of like, 394 00:22:35,520 --> 00:22:40,000 Speaker 4: very talkative. He's an encourager. You know, it's only fifteen 395 00:22:40,040 --> 00:22:42,960 Speaker 4: minute phone calls at a time, but I feel pretty 396 00:22:42,960 --> 00:22:45,960 Speaker 4: open when I talk with him. 397 00:22:46,119 --> 00:22:50,000 Speaker 1: What was that like, growing up only knowing your father 398 00:22:50,119 --> 00:22:51,840 Speaker 1: from prison from visiting rooms. 399 00:22:52,560 --> 00:22:54,560 Speaker 4: I guess for me, it was a norm. I didn't 400 00:22:54,560 --> 00:22:57,400 Speaker 4: see it as anything weird because it was all I knew, basically, 401 00:22:58,280 --> 00:23:00,879 Speaker 4: you know, when I started getting old and going to 402 00:23:00,960 --> 00:23:03,440 Speaker 4: my friend's house and I'm like, oh, okay, this is 403 00:23:03,480 --> 00:23:06,480 Speaker 4: a little bit different. You know, there's there's a different 404 00:23:06,560 --> 00:23:08,200 Speaker 4: dynamic that comes from having. 405 00:23:07,920 --> 00:23:09,000 Speaker 3: Your dad in your life. 406 00:23:09,040 --> 00:23:12,320 Speaker 4: And I had him to an extent, but not fully. 407 00:23:12,560 --> 00:23:14,600 Speaker 4: And now as an adult, when I look back, I 408 00:23:14,720 --> 00:23:17,720 Speaker 4: see how that impacted me just as a woman, as 409 00:23:17,760 --> 00:23:20,320 Speaker 4: a girl growing up, you know, as a white how 410 00:23:20,359 --> 00:23:21,280 Speaker 4: it impacted me. 411 00:23:21,960 --> 00:23:25,560 Speaker 1: Did you ever feel angry or resentful towards your dad. 412 00:23:26,160 --> 00:23:28,320 Speaker 4: I did feel some anger with him when I was younger. 413 00:23:28,440 --> 00:23:31,719 Speaker 4: I felt very abandoned and I did tell him I 414 00:23:31,840 --> 00:23:34,399 Speaker 4: was angry at him and felt like he made the 415 00:23:34,520 --> 00:23:37,359 Speaker 4: choice to leave me no, and I was coming. He 416 00:23:37,480 --> 00:23:41,640 Speaker 4: was very receptive, you know, he apologized, and he's definitely 417 00:23:41,680 --> 00:23:44,920 Speaker 4: done what he can as a father to his best 418 00:23:44,920 --> 00:23:47,359 Speaker 4: of his ability. You know, whether when I was young, 419 00:23:47,400 --> 00:23:49,320 Speaker 4: he would send me, you know, we're Hispanic. He would 420 00:23:49,359 --> 00:23:51,600 Speaker 4: send me tapes to learn Spanish, and he would send 421 00:23:51,600 --> 00:23:54,480 Speaker 4: me these books and make me bracelets and stuff like that. 422 00:23:54,600 --> 00:23:57,440 Speaker 4: He's always caught. I've always seen him. He's always sent cards. 423 00:23:57,880 --> 00:24:00,199 Speaker 4: He's definitely done what he can. I give that to 424 00:24:00,280 --> 00:24:00,919 Speaker 4: him for sure. 425 00:24:06,240 --> 00:24:09,719 Speaker 1: Soon after his conviction, Wilson's attorney filed a direct appeal 426 00:24:09,840 --> 00:24:14,040 Speaker 1: based on prosecutorial misconduct and the improper admission of the 427 00:24:14,040 --> 00:24:17,160 Speaker 1: firearms founded his house, which had been found to be 428 00:24:17,600 --> 00:24:22,200 Speaker 1: not connected to the murders. The courts denied the appeal, 429 00:24:22,400 --> 00:24:24,239 Speaker 1: and Wilson knew that if he wanted to get out 430 00:24:24,280 --> 00:24:27,239 Speaker 1: of prison, he would have to dedicate all of his 431 00:24:27,359 --> 00:24:30,280 Speaker 1: time and resources to proving his innocence. 432 00:24:31,720 --> 00:24:34,200 Speaker 2: After about seventeen years in prison, of going to all 433 00:24:34,200 --> 00:24:37,560 Speaker 2: these up and downs and the disappointment was the case, 434 00:24:37,600 --> 00:24:40,639 Speaker 2: I started investing more time in the pace and I 435 00:24:40,720 --> 00:24:44,800 Speaker 2: started working, saving my money that I learned for my 436 00:24:44,840 --> 00:24:48,080 Speaker 2: prison detail and basically I will try to hire my 437 00:24:48,119 --> 00:24:51,159 Speaker 2: private investigators to try to find the information that I 438 00:24:51,200 --> 00:24:55,159 Speaker 2: needed to prove my innocence. I decided to start studying 439 00:24:55,160 --> 00:24:58,320 Speaker 2: the law myself, and eventually I got trained as a 440 00:24:58,400 --> 00:25:02,200 Speaker 2: legal writer or a prison pail. And I did this 441 00:25:02,280 --> 00:25:03,400 Speaker 2: shit in two thousand and ten. 442 00:25:05,160 --> 00:25:09,440 Speaker 1: Then in twenty eighteen, Rachel Wolf began working on Wilson's case. 443 00:25:10,480 --> 00:25:13,200 Speaker 3: It was funny when Wilson and I first met, he 444 00:25:13,840 --> 00:25:17,240 Speaker 3: was worried about me because I was young, and because 445 00:25:17,320 --> 00:25:20,399 Speaker 3: I and he said, this is a quote sound like 446 00:25:20,440 --> 00:25:24,160 Speaker 3: a Republican. So I had to I had to assure 447 00:25:24,280 --> 00:25:27,119 Speaker 3: him that that wasn't going to be an issue. So 448 00:25:27,160 --> 00:25:30,040 Speaker 3: when I first went to meet him. I didn't know 449 00:25:30,080 --> 00:25:32,840 Speaker 3: what to expect, but we clicked right away. 450 00:25:33,640 --> 00:25:36,959 Speaker 1: Initially, Rachel was skeptical about the strength of Wilson's argument. 451 00:25:37,520 --> 00:25:39,879 Speaker 3: You know, how are we going to prove this case 452 00:25:40,480 --> 00:25:44,520 Speaker 3: there is a motive? And people find that very, very convincing. 453 00:25:44,840 --> 00:25:48,240 Speaker 3: So regardless of the strength of the evidence as it exists, 454 00:25:48,320 --> 00:25:51,440 Speaker 3: or the existence of other possible suspects, which there are, 455 00:25:51,960 --> 00:25:54,280 Speaker 3: it's easy for people to latch onto and easy for 456 00:25:54,320 --> 00:25:56,639 Speaker 3: them to say, well, of course he did it. He 457 00:25:56,760 --> 00:26:00,000 Speaker 3: had a reason to do it, you know, without looking 458 00:26:00,200 --> 00:26:01,560 Speaker 3: at any closer at the case. 459 00:26:02,320 --> 00:26:05,600 Speaker 1: So what convinced you of his innocence or what made 460 00:26:05,640 --> 00:26:07,480 Speaker 1: you want to keep digging? 461 00:26:08,200 --> 00:26:12,080 Speaker 3: When I started talking to people, and especially like the 462 00:26:12,160 --> 00:26:15,480 Speaker 3: leaders of the cash Flow posse and some other members 463 00:26:15,520 --> 00:26:17,960 Speaker 3: of you know, some other people who were involved in 464 00:26:18,000 --> 00:26:20,359 Speaker 3: the gang activity at that time, I started just getting 465 00:26:20,400 --> 00:26:26,000 Speaker 3: some information that did not jive with the prosecutor's theory. 466 00:26:29,000 --> 00:26:33,320 Speaker 1: For one thing, remember ephrom Garcia. He was arrested in 467 00:26:33,320 --> 00:26:36,920 Speaker 1: the DPD roundup along with Roger Murfik, and Roger had 468 00:26:36,920 --> 00:26:40,280 Speaker 1: told Wilson straight out that he and Ephram had done 469 00:26:40,280 --> 00:26:43,920 Speaker 1: the killings, But somehow Ephram was dropped from the case 470 00:26:43,960 --> 00:26:44,439 Speaker 1: early on. 471 00:26:46,240 --> 00:26:49,360 Speaker 3: We didn't know at the time. They subjected e from 472 00:26:49,400 --> 00:26:53,520 Speaker 3: Garcia two way polygraph and he failed it, but they 473 00:26:53,520 --> 00:26:56,199 Speaker 3: didn't disclose it to Wilson's defense counsel. He didn't know 474 00:26:56,240 --> 00:26:59,080 Speaker 3: about it at the time of trial. We discovered that 475 00:26:59,359 --> 00:27:02,920 Speaker 3: much later, and that's you know, part of the basis 476 00:27:02,920 --> 00:27:04,760 Speaker 3: from my legal challenge to his case is that he 477 00:27:04,800 --> 00:27:07,760 Speaker 3: should have had this evidence. There was this suspect, and 478 00:27:07,880 --> 00:27:10,159 Speaker 3: we know that e from Garcia was released after that. 479 00:27:10,200 --> 00:27:14,200 Speaker 3: He wasn't investigated for involvement in this homicide any further 480 00:27:14,720 --> 00:27:19,000 Speaker 3: by the Detroit Police Department. They started looking for Roger 481 00:27:19,040 --> 00:27:20,920 Speaker 3: and Wilson, and I don't think they were going to 482 00:27:21,080 --> 00:27:24,880 Speaker 3: change their minds at any point. Yeah, from the description 483 00:27:25,040 --> 00:27:27,880 Speaker 3: he was there, he failed as Polly, but they did. 484 00:27:27,920 --> 00:27:30,000 Speaker 3: They wanted Roger and they wanted Wilson. 485 00:27:31,560 --> 00:27:36,080 Speaker 1: Officer Packard especially wanted Wilson. He hadn't forgotten it was 486 00:27:36,119 --> 00:27:39,400 Speaker 1: Wilson who had shot at his partner, Officer Ayala. 487 00:27:40,280 --> 00:27:43,880 Speaker 3: He was I think central to this case and maybe 488 00:27:44,440 --> 00:27:48,199 Speaker 3: maybe you know, part of the reason they didn't investigate 489 00:27:48,200 --> 00:27:52,359 Speaker 3: e from any further or any other possible suspects. Ephrom 490 00:27:52,400 --> 00:27:56,880 Speaker 3: Garcia was indicted for the exact same homicide five years later. 491 00:27:57,600 --> 00:28:00,320 Speaker 3: He never actually ended up with that homicide conviction. He's 492 00:28:00,320 --> 00:28:03,200 Speaker 3: incarcerated now for several additional homicides. 493 00:28:03,800 --> 00:28:08,200 Speaker 1: They've also uncovered previously undisclosed information about Cal's testimony. 494 00:28:08,720 --> 00:28:12,280 Speaker 3: Cal was on probation, and he also was found and 495 00:28:12,600 --> 00:28:18,879 Speaker 3: arrested with guns and drugs in a known gang location. 496 00:28:19,680 --> 00:28:26,639 Speaker 3: His probation was dismissed very shortly after Wilson's trial and sentencing, 497 00:28:27,160 --> 00:28:31,800 Speaker 3: and he was never charged. He was initially actually charged 498 00:28:31,800 --> 00:28:35,879 Speaker 3: with the homicide, and then ultimately they dismissed that, and 499 00:28:35,920 --> 00:28:38,960 Speaker 3: then they never even charged him with any of the 500 00:28:38,960 --> 00:28:39,800 Speaker 3: other offenses. 501 00:28:40,640 --> 00:28:43,640 Speaker 1: Then there's the matter of proving Wilson's alibi. 502 00:28:44,040 --> 00:28:48,840 Speaker 3: So he had his girlfriend at the time. He was 503 00:28:49,000 --> 00:28:53,000 Speaker 3: with her at her mother's house. He stayed the night there, 504 00:28:53,160 --> 00:28:55,920 Speaker 3: i think until early in the morning, early morning hours, 505 00:28:56,040 --> 00:28:58,040 Speaker 3: We're talking like two am, three am. 506 00:28:58,720 --> 00:29:02,840 Speaker 1: Wilson's girlfriend never testified to this at trial. When Rachel 507 00:29:02,880 --> 00:29:07,000 Speaker 1: interviewed her, she found out why because she was scared. 508 00:29:07,080 --> 00:29:10,840 Speaker 3: She says an individual in a suit approached her in 509 00:29:10,880 --> 00:29:14,000 Speaker 3: the hallway outside of the courtroom and said, look, we're 510 00:29:14,000 --> 00:29:17,520 Speaker 3: holding your brother. He's currently facing these additioninal charges. If 511 00:29:17,560 --> 00:29:19,680 Speaker 3: you go in there and testify, you know, we're going 512 00:29:19,760 --> 00:29:23,560 Speaker 3: to reconsider the severity of the charges in the possible 513 00:29:23,600 --> 00:29:27,400 Speaker 3: sentence against your brother. And so she was too afraid 514 00:29:27,440 --> 00:29:30,680 Speaker 3: to testify, and I think her testimony probably would have 515 00:29:30,720 --> 00:29:31,600 Speaker 3: made a difference. 516 00:29:36,760 --> 00:29:40,280 Speaker 1: Rachel says she's spoken with other potential witnesses from the neighborhood. 517 00:29:40,600 --> 00:29:44,120 Speaker 1: People will have knowledge of what actually happened, but they 518 00:29:44,120 --> 00:29:46,400 Speaker 1: have similar reasons for not coming forward. 519 00:29:47,320 --> 00:29:50,040 Speaker 3: They're all afraid of the police. They're all afraid of 520 00:29:50,080 --> 00:29:53,560 Speaker 3: the prosecutor and of coming into court, just because I 521 00:29:53,600 --> 00:29:59,560 Speaker 3: think that's what their lived experience has taught them to fear. 522 00:29:59,800 --> 00:30:03,520 Speaker 3: They are hesitant to come into court. And that's made 523 00:30:03,560 --> 00:30:06,520 Speaker 3: the investigation of this case a little more difficult as well, 524 00:30:06,600 --> 00:30:09,360 Speaker 3: is that I have witnesses who were willing to provide 525 00:30:09,400 --> 00:30:13,120 Speaker 3: me with information that are not willing to come in 526 00:30:13,200 --> 00:30:15,520 Speaker 3: and testify in court. They're not willing to talk to 527 00:30:16,560 --> 00:30:19,400 Speaker 3: the prosecutor's conviction integrity unit. They're just not going to 528 00:30:19,480 --> 00:30:20,760 Speaker 3: do that. 529 00:30:20,760 --> 00:30:25,520 Speaker 1: That's so interesting. They're more scared of the law enforcement 530 00:30:25,600 --> 00:30:28,160 Speaker 1: than they are of snitching and being a snitch on 531 00:30:28,200 --> 00:30:28,600 Speaker 1: the street. 532 00:30:29,200 --> 00:30:31,320 Speaker 3: Yeah, at least that's what they're telling me. 533 00:30:32,280 --> 00:30:34,840 Speaker 1: According to Rachel, all of this is tied in with 534 00:30:34,920 --> 00:30:37,400 Speaker 1: the culture in the Detroit Police Department at the time. 535 00:30:38,400 --> 00:30:41,400 Speaker 1: People in the community had little reason to trust the 536 00:30:41,440 --> 00:30:44,959 Speaker 1: cops and plenty of reason to fear them. 537 00:30:45,320 --> 00:30:48,560 Speaker 3: They had this practice, they called it witness roundups. You're 538 00:30:48,600 --> 00:30:52,400 Speaker 3: not supposed to arrest somebody without probable cause. But what 539 00:30:52,520 --> 00:30:55,040 Speaker 3: they would do, and they did it in Wilson's case. 540 00:30:55,400 --> 00:30:58,360 Speaker 3: They would go and everybody who they thought was a 541 00:30:58,440 --> 00:31:02,800 Speaker 3: possible witness, they would charged them with the underlying offense. 542 00:31:02,960 --> 00:31:06,600 Speaker 3: So in a homicide investigation, you're all charged with homicide. 543 00:31:06,920 --> 00:31:10,760 Speaker 3: And then they would bring them in, hold them, interview them. 544 00:31:11,040 --> 00:31:14,680 Speaker 1: The place was Detroit Police Headquarters at thirteen hundred Bobian, 545 00:31:15,160 --> 00:31:18,640 Speaker 1: and it was notorious for being the seat of police corruption. 546 00:31:20,040 --> 00:31:22,160 Speaker 3: All the witnesses, all of the clients that I have, 547 00:31:22,400 --> 00:31:25,560 Speaker 3: you say, thirteen hundred Bobian, everybody knows exactly what you're 548 00:31:25,600 --> 00:31:28,280 Speaker 3: talking about. That interview room that they used to take 549 00:31:28,320 --> 00:31:31,280 Speaker 3: people is awful, Like cockroaches are in there. They don't 550 00:31:31,320 --> 00:31:34,680 Speaker 3: give you food. You know, you can't see out, so 551 00:31:34,760 --> 00:31:38,080 Speaker 3: you'll see through the nineteen nineties, these witnesses all testifying 552 00:31:38,160 --> 00:31:40,040 Speaker 3: like I was held for like three days, I was 553 00:31:40,120 --> 00:31:42,560 Speaker 3: charged with the homicide, and of course they weren't involved, 554 00:31:43,160 --> 00:31:46,080 Speaker 3: you know, they weren't, But that's what DPD was doing. 555 00:31:46,360 --> 00:31:50,040 Speaker 3: So in the late nineteen eighties and all throughout the nineties, 556 00:31:50,040 --> 00:31:53,840 Speaker 3: there was significant corruption within the Detroit Police Department. 557 00:31:55,200 --> 00:31:58,520 Speaker 1: In the year two thousand, seven, years after Wilson's conviction, 558 00:31:59,240 --> 00:32:02,600 Speaker 1: the Department of Justice ran an investigation of the DPD 559 00:32:03,040 --> 00:32:05,960 Speaker 1: that turned up a number of significant violations. 560 00:32:07,280 --> 00:32:11,000 Speaker 3: In nineteen ninety five, Carlos Rodriguez, who was one of 561 00:32:11,040 --> 00:32:15,760 Speaker 3: the investigators on Wilson's homicide team, was indicted along with 562 00:32:15,960 --> 00:32:20,040 Speaker 3: four other officers for operating a narcotic spring through the 563 00:32:20,080 --> 00:32:25,120 Speaker 3: fourth Precinct in the city of Detroit. The entire DPD 564 00:32:25,240 --> 00:32:27,480 Speaker 3: forensics lab was shut down in two thousand and eight 565 00:32:27,520 --> 00:32:32,560 Speaker 3: because the investigators had found widespread errors in their analysis. 566 00:32:32,760 --> 00:32:36,240 Speaker 3: And then a few years later, David Pouch, the firearms 567 00:32:36,240 --> 00:32:41,440 Speaker 3: examiner in Wilson's case, was found to have intentionally fabricated 568 00:32:41,920 --> 00:32:45,880 Speaker 3: ballistics evidence to obtain a conviction in a nineteen ninety 569 00:32:45,960 --> 00:32:50,200 Speaker 3: two case, so a year before he testified at Wilson's trial, 570 00:32:50,520 --> 00:32:55,560 Speaker 3: he had intentionally fabricated ballistics evidence that individual to his case. 571 00:32:55,640 --> 00:32:58,960 Speaker 3: His name is Desmond Rix. He was also exonerated on 572 00:32:59,000 --> 00:32:59,680 Speaker 3: that basis. 573 00:33:00,680 --> 00:33:03,560 Speaker 1: With all of this new information to present, Rachel is 574 00:33:03,680 --> 00:33:06,880 Speaker 1: hopeful that Wilson will be granted a new trial. 575 00:33:07,640 --> 00:33:11,800 Speaker 3: Short of a commutation or pardon from the governor. There's 576 00:33:12,000 --> 00:33:13,960 Speaker 3: one other way you can get out of prison when 577 00:33:14,000 --> 00:33:16,800 Speaker 3: you have a life without parole sentence, and that is 578 00:33:16,880 --> 00:33:19,480 Speaker 3: through a motion fu a leaf from judgment. So basically 579 00:33:19,520 --> 00:33:22,320 Speaker 3: what you do is you go back to the state court, 580 00:33:22,400 --> 00:33:24,360 Speaker 3: back to the same court that convicted you in the 581 00:33:24,400 --> 00:33:27,440 Speaker 3: first place, and you say I'm entitled to a new 582 00:33:27,480 --> 00:33:30,560 Speaker 3: trial for this reason, this reason, and this reason. So 583 00:33:30,960 --> 00:33:34,640 Speaker 3: you investigate the hell out of everything because you only 584 00:33:34,680 --> 00:33:38,320 Speaker 3: get one chance. So now that we have all of 585 00:33:38,320 --> 00:33:43,600 Speaker 3: that evidence collected, there are some significant legal challenges that 586 00:33:43,640 --> 00:33:46,480 Speaker 3: we can raise. One of them, of course, is the 587 00:33:46,520 --> 00:33:51,520 Speaker 3: Brady violation. Wilson should have had information that e from 588 00:33:51,560 --> 00:33:55,239 Speaker 3: Garcia was given a polygraph examination and failed it so 589 00:33:55,280 --> 00:33:57,920 Speaker 3: that he would be able to properly investigate that avenue 590 00:33:57,960 --> 00:34:01,520 Speaker 3: of defense, and he wasn't. So that's certainly one of 591 00:34:01,560 --> 00:34:04,440 Speaker 3: our claims. I think we were prepared to go to 592 00:34:04,600 --> 00:34:08,200 Speaker 3: court probably about two years ago, and so we'll be 593 00:34:08,280 --> 00:34:10,239 Speaker 3: moving forward very quickly now. 594 00:34:14,640 --> 00:34:18,239 Speaker 1: And in the meantime, in addition to becoming a prison paralegal, 595 00:34:18,680 --> 00:34:23,160 Speaker 1: Wilson has accomplished another important goal. In May of twenty 596 00:34:23,200 --> 00:34:27,400 Speaker 1: twenty three, he graduated magna cum laude from Calvin University. 597 00:34:28,600 --> 00:34:31,160 Speaker 2: Was going for a bachelor's degree in Faith and Community 598 00:34:31,280 --> 00:34:34,960 Speaker 2: Leadership with a minor and social work, the highest grade 599 00:34:34,960 --> 00:34:37,200 Speaker 2: I ever completed with the seventh grade. I never went 600 00:34:37,239 --> 00:34:41,040 Speaker 2: to high school, and so being able to kind of 601 00:34:41,040 --> 00:34:45,200 Speaker 2: like accomplish not just a gain in a college degree, 602 00:34:45,440 --> 00:34:49,560 Speaker 2: but with a high GDA three point ninety three, it 603 00:34:49,680 --> 00:34:53,800 Speaker 2: was personally a huge accomplishment and it just gave me 604 00:34:53,840 --> 00:34:56,360 Speaker 2: a huge sense of self work as well. 605 00:34:57,040 --> 00:34:59,960 Speaker 1: So your daughter Sierra was telling me that she was 606 00:35:00,040 --> 00:35:01,160 Speaker 1: able to go to your graduation. 607 00:35:01,600 --> 00:35:04,560 Speaker 2: Yeah, to me, right is invaluable. I mean, it's a 608 00:35:04,600 --> 00:35:07,040 Speaker 2: moment there and I look at the picture and that 609 00:35:07,080 --> 00:35:09,600 Speaker 2: I'm still with such a man. I'm extremely proud of 610 00:35:09,600 --> 00:35:11,719 Speaker 2: my daughter that got fishes my heart. 611 00:35:12,960 --> 00:35:15,239 Speaker 4: It was nice, you know, to be able to be 612 00:35:15,360 --> 00:35:18,120 Speaker 4: there and watch him do like kind of like this 613 00:35:18,560 --> 00:35:21,520 Speaker 4: normal thing. It was awesome to see and maybe feel 614 00:35:21,520 --> 00:35:22,920 Speaker 4: proud of him, you know. I feel like it was 615 00:35:22,960 --> 00:35:26,360 Speaker 4: a great example of how he even given his circumstances, 616 00:35:26,400 --> 00:35:29,080 Speaker 4: he was able to accomplish something so great. 617 00:35:29,080 --> 00:35:33,759 Speaker 1: It was very inspiring, and Sierra credits her father with 618 00:35:33,880 --> 00:35:35,800 Speaker 1: inspiring her in other ways. 619 00:35:36,560 --> 00:35:40,520 Speaker 4: I've seen what a wonderful person he is and how 620 00:35:40,600 --> 00:35:43,359 Speaker 4: someone like I said, can make bad choices at one 621 00:35:43,360 --> 00:35:46,319 Speaker 4: point in their life, but then you know they can 622 00:35:46,360 --> 00:35:48,960 Speaker 4: turn that around and not let that define them and 623 00:35:49,000 --> 00:35:51,560 Speaker 4: contain them no matter where they're at, being in prison. 624 00:35:51,960 --> 00:35:54,880 Speaker 4: I think it's important to know your own worth and 625 00:35:55,160 --> 00:35:59,759 Speaker 4: not see other people's decisions as how worthy you are. 626 00:36:00,120 --> 00:36:01,960 Speaker 4: I guess because that's how I felt. I felt like 627 00:36:02,040 --> 00:36:05,399 Speaker 4: I was unworthy of love and I was someone who 628 00:36:05,480 --> 00:36:08,480 Speaker 4: just had this abandonment. And you know, I guess it 629 00:36:08,520 --> 00:36:11,560 Speaker 4: would be that doesn't define who you are as a person. 630 00:36:11,640 --> 00:36:14,160 Speaker 4: I guess for me, it was just you know, learning 631 00:36:14,200 --> 00:36:18,319 Speaker 4: my identity and who I am. Aside from that, you know, So. 632 00:36:18,360 --> 00:36:20,640 Speaker 1: Do you and your dad ever talk about maybe the 633 00:36:20,680 --> 00:36:21,960 Speaker 1: future anything like that. 634 00:36:23,080 --> 00:36:24,719 Speaker 4: He talks to me when you know, if he gets out, 635 00:36:25,320 --> 00:36:27,400 Speaker 4: he would love to move here. Yeah, he would love 636 00:36:27,440 --> 00:36:30,000 Speaker 4: to move here, and you know some time with me 637 00:36:30,320 --> 00:36:32,080 Speaker 4: and I'm my daughter, and you know I may and 638 00:36:32,080 --> 00:36:33,799 Speaker 4: not have been able to have a childhood with him, 639 00:36:33,800 --> 00:36:36,880 Speaker 4: but my children being able to have him around and 640 00:36:37,120 --> 00:36:39,000 Speaker 4: you know, see that side of him that I never 641 00:36:39,040 --> 00:36:40,960 Speaker 4: got to see that I will grow to see. I 642 00:36:41,000 --> 00:36:42,200 Speaker 4: think that would be pretty awesome. 643 00:36:47,760 --> 00:36:51,200 Speaker 1: Wilson believes that his experience gave him a perspective that 644 00:36:51,239 --> 00:36:54,360 Speaker 1: can make a difference to others even while he remains 645 00:36:54,400 --> 00:36:55,400 Speaker 1: behind bars. 646 00:36:55,719 --> 00:36:58,359 Speaker 2: I think people depressed. I think people whommit soul sid. 647 00:36:58,360 --> 00:37:00,960 Speaker 2: I don't think people can't suicide, you know. And so 648 00:37:01,000 --> 00:37:03,480 Speaker 2: this is the environment. And I told myself, well, because 649 00:37:03,520 --> 00:37:06,200 Speaker 2: I have this education, while I'm still fighting to prove 650 00:37:06,200 --> 00:37:09,160 Speaker 2: my innocent, I could be a summer of assistance to 651 00:37:09,200 --> 00:37:10,680 Speaker 2: these individuals around me as well. 652 00:37:11,200 --> 00:37:12,680 Speaker 1: So when you get out, what do you want to do. 653 00:37:13,080 --> 00:37:14,919 Speaker 2: I would love to be able to work with youth 654 00:37:15,000 --> 00:37:17,919 Speaker 2: and games. I would love to be able to step 655 00:37:17,920 --> 00:37:21,600 Speaker 2: out of prison and start programs, mentioning programs, tutoring programs, 656 00:37:21,800 --> 00:37:25,640 Speaker 2: because I know the value of that, Programs that help interpret, 657 00:37:26,000 --> 00:37:27,759 Speaker 2: you know, because I know how that feels not to 658 00:37:27,800 --> 00:37:30,160 Speaker 2: be able to express your feelings because you have the 659 00:37:30,360 --> 00:37:34,319 Speaker 2: you don't have the proper words in English to do so. 660 00:37:34,320 --> 00:37:35,839 Speaker 2: So these are kind of things that I would love 661 00:37:35,840 --> 00:37:39,000 Speaker 2: to be affected in our community as well. I no 662 00:37:39,080 --> 00:37:42,200 Speaker 2: longer kind of view myself as this individual who's just 663 00:37:42,280 --> 00:37:46,280 Speaker 2: in prison and poor me. You know, when I figured 664 00:37:46,280 --> 00:37:48,240 Speaker 2: out that even though I'm still fighting for my freedom 665 00:37:48,280 --> 00:37:50,640 Speaker 2: to prove my innocent, I could still be effective in 666 00:37:50,719 --> 00:38:03,080 Speaker 2: helping other individuals. 667 00:38:06,880 --> 00:38:08,960 Speaker 1: If you'd like to help support Wilson in his fight 668 00:38:09,040 --> 00:38:13,400 Speaker 1: to prove his innocence, go to Freewilson rivera dot com. 669 00:38:13,640 --> 00:38:23,200 Speaker 1: We'll post that link in the episode description. Thank you 670 00:38:23,239 --> 00:38:26,600 Speaker 1: for listening to Wrongful Conviction with Maggie Freeling. Please support 671 00:38:26,600 --> 00:38:29,360 Speaker 1: your local innocence organizations and go to the links in 672 00:38:29,400 --> 00:38:32,439 Speaker 1: the episode description to see how you can help. I'd 673 00:38:32,480 --> 00:38:35,800 Speaker 1: like to thank our executive producers Jason Flam, Jeff Kempler, 674 00:38:35,840 --> 00:38:39,080 Speaker 1: and Kevin Wortis, as well as senior producer Annie Chelsea, 675 00:38:39,239 --> 00:38:44,760 Speaker 1: producer Kathleen Fink, story editor Hannah Beal, and researcher Shelby Sorels. 676 00:38:45,320 --> 00:38:48,560 Speaker 1: Mixing and sound design are by Jackie Pauley, with additional 677 00:38:48,560 --> 00:38:52,319 Speaker 1: production by Jeff Cleiburn and Connor Hall. The music in 678 00:38:52,360 --> 00:38:56,680 Speaker 1: this production is by three time OSCAR nominated composer Jay Ralph. 679 00:38:56,920 --> 00:38:59,880 Speaker 1: Be sure to follow us on all social media platforms 680 00:39:00,080 --> 00:39:03,239 Speaker 1: at Lava for Good and at Wrongful Conviction. You can 681 00:39:03,280 --> 00:39:07,080 Speaker 1: also follow me on all platforms at Maggie Freeling. Wrongful 682 00:39:07,080 --> 00:39:09,840 Speaker 1: Conviction with Maggie Freeling is a production of Lava for 683 00:39:09,920 --> 00:39:18,560 Speaker 1: Good Podcasts in association with Signal Company Number one