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Speaker 1: Hi.

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Speaker 2: I'm Connor Hall, one of the producers for Ronfuel Conviction.

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Speaker 2: And if you don't follow us on social media, you

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Speaker 2: may not have heard, but our good friends Jason Flamm

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Speaker 2: and Gliali got married and now for their honeymoon. In

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Speaker 2: true Ali Flahm fashion, they're in Texas right now fighting

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Speaker 2: to save an innocent man on death row, Robert Robertson.

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Speaker 2: He's scheduled for execution on October seventeenth, twenty twenty four.

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Speaker 2: We'll link his episode in the episode description. And while

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Speaker 2: they're away, Jason is generously handed over hosting duties to me,

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Speaker 2: and I promised that I wouldn't screw it up, So

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Speaker 2: here we go. On July fifteenth, two thousand and eight,

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Speaker 2: twenty two year old Mustafa O Maria was gunned down

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Speaker 2: in front of his building in Crown Heights, Brooklyn. There

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Speaker 2: was confusion whether there was one or two assailants, but

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Speaker 2: the descriptions Cohen sided on male, varying shades of black skin,

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Speaker 2: between five nine and six feet tall, late teens early twenties. Soon,

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Speaker 2: another alleged witness claimed to know the shooter's motive. The

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Speaker 2: victim had been sleeping with a woman named Nicki Collier

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Speaker 2: and her alleged boyfriend, Rvel Marshall had just gotten out

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Speaker 2: of jail. But Arvel stood at five foot five and

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Speaker 2: was thirty six years old, not a teenager. Nevertheless, the

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Speaker 2: victim's friends identified r Vel as the shooter, sending him

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Speaker 2: away for twenty five to life. This is wrongful conviction.

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Speaker 3: Wrongful conviction has always given voice to innocent people in prison,

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Speaker 3: and now we're expanding that voice to you. Call us

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Speaker 3: at eight three three two o seven four six sixty

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Speaker 3: six and tell us how these stories make you feel

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Speaker 3: and what you done to help the cause, even if

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Speaker 3: it's something as simple as telling a friend or sharing

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Speaker 3: on social media, and you might just hear yourself in

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Speaker 3: a future episode. Call us A three three two o

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Speaker 3: seven four six sixty six.

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Speaker 2: Welcome back to Wrongful Conviction, where we have another case

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Speaker 2: out of Brooklyn, and across from me is a man

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Speaker 2: named Rvil Marshall who endured something that well, I mean,

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Speaker 2: it was disgusting, unnecessary, should have been completely avoidable, and

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Speaker 2: almost was. And we're going to get to that in

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Speaker 2: just a minute, but we're just happy to have him home.

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Speaker 2: Thanks for doing this, well, you welcome, Amen and you

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Speaker 2: may have just heard a familiar voice say, Amen, that's

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Speaker 2: justin bonus.

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Speaker 4: You and I probably talk more than most people talk

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Speaker 4: to their.

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Speaker 2: Family, and it's typically about another case you're working on.

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Speaker 1: You know.

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Speaker 2: Unfortunately that well never dries up. I mean we've worked

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Speaker 2: on how many cases already, Marcus.

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Speaker 5: Wiggins, Vincent Simmons, Jerome Curry, Raphael Martinez, Garriy Ben Loss.

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Speaker 4: Well, thank you for coming back. Absolutely, Yeah, this case

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Speaker 4: is no less fucked up.

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Speaker 5: The only good part about r Vel's case is he's

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Speaker 5: exonerated and we're on the next phase, which is fighting

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Speaker 5: to get him compensated. But that's about the only good

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Speaker 5: thing about Rvel's case.

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Speaker 4: And you and Brownsville and bedsty Hey.

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Speaker 1: This is nice. You know, it's kind of rough, but

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Speaker 1: it's nice. I used to work as Super Marcus as

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Speaker 1: a kid, packing bags and stuff. I get a little

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Speaker 1: money here there because my family was poor. But that

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Speaker 1: growing up at browns with a dead style, you literally

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Speaker 1: get tested because especially the Ghattle, the neighborhoods like you

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Speaker 1: would have to.

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Speaker 2: Fight famously, Mike Tyson's from Brownsville, and then you're like

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Speaker 2: coming of age when Mike is getting huge, right, But

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Speaker 2: before it was huge.

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Speaker 4: He must have been known around town.

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Speaker 1: Yeah he was. He's the right coach screep for your

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Speaker 1: a boy tweet Sunny and Blake the shelters.

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Speaker 2: No shit, Yeah yeah.

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Speaker 1: Mike trying to help the community, you know, like Hivy

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Speaker 1: dog K used to come through there, give it out,

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Speaker 1: turkeys and shit like that.

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Speaker 4: So what's the precinct?

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Speaker 1: Seventy seven?

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Speaker 4: Some people that you are familiar.

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Speaker 5: With Brooklyn North homicide. One of them, if you know

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Speaker 5: James Davis. James Davis was wrong, clear convicted.

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Speaker 4: Oh wait Ja Davis?

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Speaker 5: Yeah, Legelaide represented felt okay, yeah, ye ye ye yah yeah.

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Speaker 5: So one of the lead detectives there was Jay Wallski

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Speaker 5: and then Matthew Hutchinson. Matthew Hutchinson, from my understanding, fabricated

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Speaker 5: a statement in James Davis's case, and he's all over

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Speaker 5: our Velle's case.

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Speaker 2: If you're unfamiliar with James Davis's case, we'll have that

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Speaker 2: linked in the episode description as well. Now, Ourvell's case

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Speaker 2: really began when he met a young lady in two

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Speaker 2: thousand and.

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Speaker 1: Three, Jadique will Collier aka Nicky.

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Speaker 4: Tell me about meeting her, like, was there a good time?

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Speaker 1: Yeah? It was a good time. I was, you know,

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Speaker 1: but I still feel she has something to do with

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Speaker 1: me going to jail. Even though it was a good time,

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Speaker 1: I still feel that way.

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Speaker 4: And this is in bed star at the time now

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Speaker 4: that you were living.

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Speaker 1: Now, I'm staying at Brownsville, but I moved to current

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Speaker 1: high school. KICKI her baba ah all right, Okay, Nicky

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Speaker 1: Moba was originally my girlfriend. O Dick kept coming on

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Speaker 1: to me. I ain't want a best one, it though

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Speaker 1: it just happened. Nicky used to date my brother. She

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Speaker 1: got my brother Dave tattooed on her back. Shit, and

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Speaker 1: she was dating my niece baby father.

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Speaker 2: Wow. Now, as most of us are aware, betraying the

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Speaker 2: expectation of a monogamous relationship can offense, spark fights, breakups, or,

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Speaker 2: as the police believed in this case, murder. But Nicki

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Speaker 2: appears to have lived as she pleased and not led

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Speaker 2: any of her lovers to have any other expectation, including

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Speaker 2: r vel or the victim in this case Mustafo Maria.

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Speaker 1: Yeah, she was dated a that will tell she was

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Speaker 1: messing with him and I was in rackets.

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Speaker 4: Out what were you in for me?

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Speaker 1: And my sister tell you we had I got in

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Speaker 1: a fight as she lied to the cops and told

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Speaker 1: him that I stabbed her, but I didn't stab her.

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Speaker 1: I beat that. I came home, but she came to

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Speaker 1: visit beat on my birthday and she told me she

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Speaker 1: wanted me to leave her mother at bibleh and she's

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Speaker 1: going to leave the victims Mustafo Barrio.

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Speaker 4: I said, okay, and this dude we were talking earlier,

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Speaker 4: so he's in the Bloods. And then he's also like

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Speaker 4: a handsome guy.

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Speaker 1: Yeah, he was a handsome guy. He was messing with

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Speaker 1: dudes girls.

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Speaker 2: I don't know, between the victims involvement with the Bloods

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Speaker 2: as well as his activity with women who were in

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Speaker 2: otherwise monogamous relationships, there may have been some ill will

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Speaker 2: toward him. On the night that he died July fifteenth,

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Speaker 2: two thousand and eight, sometime before ten pm, in front

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Speaker 2: of his building one thirty nine Albany Avenue in Crown Heights, Brooklyn.

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Speaker 1: There's not thirty day sent call to the witnesses.

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Speaker 5: Right, you know, if you're the cops, you wanted to

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Speaker 5: be closer to ten o'clock, right, Arvel? Yeah, because they

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Speaker 5: knew Rvel had a pretty good Alibi between nine thirty

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Speaker 5: and nine to forty five, and Rvel didn't have a

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Speaker 5: car either, just by the way, so he would have

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Speaker 5: had to take in a bus from his mother's house

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Speaker 5: in right all the way to Crown Heights. It's like

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Speaker 5: a twenty minute bus strip by itself. But you have

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Speaker 5: Mustapha sitting on the stoop and three of his friends,

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Speaker 5: a guid by the name of Zakarie, Zaybo and Benison,

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Speaker 5: and somebody rolls up to them and head shots their

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Speaker 5: friend that around nine thirty at night and then runs away.

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Speaker 1: They said he came from D Street and walked along

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Speaker 1: Albity Avenue. They ran back on D Street after leave.

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Speaker 1: It a sea from Albity Avenue.

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Speaker 5: Now, the initial description is somebody between five foot nine

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Speaker 5: and six foot Rvel's like five to five okay, three

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Speaker 5: inches to a half of foot potentially. We also got

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Speaker 5: a description of light skin on the nine to one

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Speaker 5: one calls. And then the other description, which is a

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Speaker 5: seventeen year old Rvel looked probably forty Rvel right.

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Speaker 2: Yep, So the description didn't even come close to Rvel.

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Speaker 2: But there were some unresolvable discrepancies between the descriptions from

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Speaker 2: Benison and then Zebo and Zakari.

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Speaker 4: Yeah.

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Speaker 1: First they said bel black light skid, seventeen years old,

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Speaker 1: wearing the white T shirt blue JS. Then with the

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Speaker 1: other twols take it to the priests. They give a statement.

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Speaker 1: They said bel black dog skid. We with the white

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Speaker 1: T shirt dog JS and either hat or do but

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Speaker 1: well he went to the DA's office. He fixed it.

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Speaker 1: It said that the Bell was black, brown skinned, wearing

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Speaker 1: all dark clothes.

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Speaker 5: Which interestingly matches the video that we're going to talk about.

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Speaker 5: And understand this, the three witnesses are testify to trial,

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Speaker 5: never say there were two people involved. Yet we have

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Speaker 5: a video that shows that there were two people involved.

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Speaker 2: As Arvel mentioned, the assailants were traveling west on Dean,

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Speaker 2: made a left going south on Albany to where these

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Speaker 2: four men were at one thirty nine Albany. So the

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Speaker 2: police found a surveillance camera on Dean Street, which didn't

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Speaker 2: capture the shooting, but it saw enough to account for

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Speaker 2: the discrepancies and the descriptions.

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Speaker 5: It's in the middle of the block. Actually, the video

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Speaker 5: is pretty good quality and it has an angle that

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Speaker 5: goes both ways, so you see the guys what we

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Speaker 5: now know are the perpetrators. And a key thing is

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Speaker 5: they're both the same size.

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Speaker 4: One has light skin, one has dark shind Yeah.

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Speaker 1: Well dual gattle dark clothes and other dual gattle light shirt,

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Speaker 1: blue jays. He got a baseball capboard.

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Speaker 5: This is what the video shows. These two young guys

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Speaker 5: walking down, one guy lifting up, pulling a gun out,

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Speaker 5: and you watch them make a left on the Albany.

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Speaker 4: Right.

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Speaker 5: How you know what's the shooting is there's two guys walking,

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Speaker 5: one with a dog, one or not on Dean, and

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Speaker 5: they're walking towards Albany. They hear the shots, they stop,

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Speaker 5: start walking f pass the other way. Then all of

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Speaker 5: a sudden you see the same two guys and the

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Speaker 5: guy with the white shirt has a big black thing

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Speaker 5: in his hand, which is a gun. And the two

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Speaker 5: guys that were on the block here in the shooting,

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Speaker 5: they see these two young guys on Dean running towards them.

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Speaker 5: They're back on the camera again, running back towards Weeks filth.

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Speaker 5: This is how we know those are the shooters.

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Speaker 2: The police made two copies of the video, one for

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Speaker 2: the DA and one for the case file, and then

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Speaker 2: made still images from the video of the assailants. Meanwhile,

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Speaker 2: police alleged that someone named Abraham Omar told them about

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Speaker 2: the connection between Nikki Arvel and the victim, but then

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Speaker 2: this person seemed to just disappear and then never testified.

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Speaker 5: Let's talk about Abraham Omoa.

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Speaker 1: Detective Hushis claved he took somebody statement with Jula Vizi.

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Speaker 1: It did clave that person provided additional information after they

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Speaker 1: called back the last sixty and that person he gave

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Speaker 1: a dave to as Abraham Omar.

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Speaker 5: He talks about the boyfriend of Nikki that lives at eighteen.

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Speaker 1: Was it eighteen ninety six? Specific?

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Speaker 5: Were you using that address as where you were on

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Speaker 5: probation right, yes, so then they had your name at

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Speaker 5: that address too.

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Speaker 4: What does Abraham Omar say?

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Speaker 1: He basically said, allegedly that he was best friends with

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Speaker 1: the victim, and before the victim died, the victim told

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Speaker 1: him that he had a problem with a girl named Nikki's.

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Speaker 5: Boyfriend, and I tried, my darnedness, and I'm pretty good

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Speaker 5: to find the people by the way, you know what

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Speaker 5: I mean? There was no Abraham Omar in Brooklyn at all,

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Speaker 5: at all.

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Speaker 4: He's a fucking fabrication.

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Speaker 2: Yes, yes, because according to like you know, the court record,

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Speaker 2: and and who's the one?

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Speaker 5: There is no nine one call with Abraham won.

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Speaker 1: Yeah, he fabricated Abraham Omar.

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Speaker 2: But if Abraham Omar doesn't exist, the nine one one

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Speaker 2: call didn't exist. It's possible that all of this information

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Speaker 2: might have come from Nicki.

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Speaker 1: The ass who's her boyfriend.

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Speaker 5: She told me what day was that?

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Speaker 1: Allow sixteen, the same day they allegedly spoke to this

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Speaker 1: Abraham Omar. If you read Nikki's statement that was given

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Speaker 1: to Hushinston and Wolski, you could see that they just

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Speaker 1: took certain parts out that could incriminate me and put

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Speaker 1: it in the alleged Abraham omo statement. They took everything

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Speaker 1: she said about be getting out of jail, I will

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Speaker 1: allegedly boost by the good, and that I wanted to

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Speaker 1: kill some god the block. So they just took all

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Speaker 1: that and just put it in.

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Speaker 4: The person called Abraham Omar.

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Speaker 2: Yeah, right on this witness statement to this person who's

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Speaker 2: best friends with Santa Claus.

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Speaker 4: Yes, yeah.

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Speaker 2: And then Bennison identified RFL from a photo array.

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Speaker 5: And a photo ray is crazy because RFL is the

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Speaker 5: only one with corn roast.

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Speaker 4: What does everyone else look like?

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Speaker 1: Caesars.

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Speaker 5: Yeah, that's in the photo array.

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Speaker 4: What day was it when they picked you up?

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Speaker 1: July twenty second and they came VICKI house. I was

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Speaker 1: sleep in the living room. I heard beg you. I'm

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Speaker 1: thinking it was because of the temporary order protection that

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Speaker 1: be A Dicky had to stay away from each other

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Speaker 1: because the twenty first Mian Niggie was argued. So I

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Speaker 1: ain't taking no chance. I jumped out the window, got

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Speaker 1: on the roof. As they chased me. A black officer

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Speaker 1: came that I knew they used to live with my building,

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Speaker 1: and he asked me. He's like, yo, you really don't

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Speaker 1: know what's going on? I said, Dawn, I don't know nothing.

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Speaker 1: They took me to the priest and I'm actually, what's

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Speaker 1: this fun? They didn't tell me. They didn't tell me.

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Speaker 1: They didn't tell me. They put me the line up.

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Speaker 5: And then in the lineup they had you guys in hats, yeah,

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Speaker 5: sitting down, of course.

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Speaker 4: Sitting down, so they oh, what what? How tall is he?

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Speaker 4: I don't know, but what was different about the other

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Speaker 4: guys in the lineup?

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Speaker 1: They was taller than me.

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Speaker 4: Yeah.

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Speaker 1: Then after the lineup was over, they took me another

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Speaker 1: rule the Haircuffy start offered me Suldas McDonald's and all

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Speaker 1: the cigarette stuff. The talk, Wolski said that Ustofo Mario

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Speaker 1: was murdered and I'm the one that killed him because

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Speaker 1: I found out he was banging my girl. And I'm like, yo,

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Speaker 1: what did you talk about?

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Speaker 2: Man?

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Speaker 1: He said, well, you the word going down for this.

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Speaker 1: I don't care what you say. If yn't want to

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Speaker 1: tell who did it, you go it down for it.

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Speaker 1: I said, I can you tell you without a will

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Speaker 1: and they'll say you without a lawyer. The devil was

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Speaker 1: given a lawyer. I was never read by rights. I

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Speaker 1: was just arrested.

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Speaker 3: You're listening to Wrongful Conviction. You can listen to this

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Speaker 3: this episode of Wrongful Conviction. Freedom Agenda is led by

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00:14:45,840 --> 00:14:49,680
Speaker 3: people directly impacted by incarceration, and they're organizing to get

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Speaker 3: Mayor Eric Adams to follow the law and shut down

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Speaker 3: Rikers Island. Right now, thousands of people are awaiting trial

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00:14:56,280 --> 00:15:00,320
Speaker 3: there in life threatening conditions. Freedom Agenda is committed to

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Speaker 3: creating a safer and more just city by winning investments

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Speaker 3: in long neglected communities, protecting the rights of people involved

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Speaker 3: in the criminal legal system, and ending the cycle of

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Speaker 3: violence that Rikers perpetuates. To learn more about the Campaign

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00:15:13,680 --> 00:15:16,080
Speaker 3: to Close Rikers and to sign up for Freedom Agenda's

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00:15:16,080 --> 00:15:19,840
Speaker 3: mailing list, go to Campaign to Close Rikers dot org, slash,

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00:15:19,880 --> 00:15:23,440
Speaker 3: get involved, or follow at Freedom Agenda and Why on

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Speaker 3: social media.

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Speaker 2: Arvel spent nineteen months on Rikers Island pre trial. He

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Speaker 2: was going to be tried by Assistant District Attorney Tim

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Speaker 2: Goff in front of Judge Vincent del Judas, and he

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Speaker 2: was assigned to public defender Alan Stuttman.

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Speaker 1: That would receive the visit Stubb in nineteen months. The

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Speaker 1: only time about say Stubb is the court.

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Speaker 2: Public defenders they're typically overworked, underpaid. But that said, you're

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Speaker 2: telling him exactly what to do.

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Speaker 1: He was listened to me a total CD to investigator

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Speaker 1: out judge fire talk is the one hyat the investigator

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Speaker 1: Stubman did hie.

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Speaker 2: Him right, So you went above del Judis's head. So

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Speaker 2: he loved that shit too, right.

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Speaker 5: Yes, Two out of three of the witnesses told the

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Speaker 5: defense investigator that they knew who to pick out because

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Speaker 5: Rvel looked totally different than everybody else in the lineup.

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Speaker 4: Do they do that on purpose? You think?

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Speaker 1: Yes, yeah, did you ask that sarcastic?

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Speaker 4: Yes, of course.

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Speaker 2: All right, So now, I mean, this isn't funny, you know,

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Speaker 2: I mean, this is crazy.

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Speaker 4: But it gets worse.

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Speaker 5: You have this defense investigator, David Walker, who's from Brooklyn,

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Speaker 5: new people in the neighborhood, and he had somebody in

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Speaker 5: the neighborhood that gave him this information. This individual said

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Speaker 5: it was a mistaken identity, like they didn't mean to

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Speaker 5: kill the victim, but it was guys from Weeksville, which

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Speaker 5: isn't that far from where Nikki lived, right, And the

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Speaker 5: description that he gets from the format matches what happens

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Speaker 5: on the video, which is it's a hit. It's not

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Speaker 5: a crime of passion, right.

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Speaker 4: This is doing a trial.

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Speaker 5: Well, he doesn't ever testify. They found this out before trial.

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Speaker 5: Trial attorney does nothing with us.

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Speaker 1: By the way, I still remember that statement. It says

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Speaker 1: Jamal Joles is the set up man for the shooter.

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Speaker 1: He lives at one thirty seven. Mother is a cop,

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Speaker 1: they said, Auvel Barshoot, which is me, is it his thirties?

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Speaker 1: It it's not the shooter. They said. The shooter is

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Speaker 1: sixty year old Don L. White, also lives in Weeksville.

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Speaker 1: They say God named Lewis is the ubdillah for the

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Speaker 1: group and he is expanded. His last name is adult.

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Speaker 1: They say if Lewis house is checked, the gun for

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Speaker 1: the shooter would probably be found there.

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Speaker 5: Wow, very vivid description, right.

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Speaker 2: And with this vivid narrative available to the defense. In

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Speaker 2: December two thousand and nine, Arvell was taken to trial

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Speaker 2: on the identifications that had also been exposed by the

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Speaker 2: investigator is false and potentially engineered and Rvel didn't even

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Speaker 2: know about the surveillance for the jet.

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Speaker 1: The DA Colly walked into courtroom with the videos and

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Speaker 1: still photos in her head. That's how I found out

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Speaker 1: that they exist.

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Speaker 5: The stills.

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Speaker 1: Yeah, there's still photos in the video. When I first

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Speaker 1: brought video to the judge attention, I went through my lawyer.

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Speaker 1: The DA said he didn't have the video. He said

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Speaker 1: he only had still photos that he provided to my

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Speaker 1: lawyer months ago. My lawyers said they was of no value.

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Speaker 1: The next day I brought it the police report showing

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Speaker 1: that the videosis and still photos made off of it.

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Speaker 1: Then the DA said, yeah, he had the video, but

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Speaker 1: he can't open it. It won't work. So I said, yo,

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Speaker 1: how did you get the still photos off the video

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Speaker 1: if the video don't work? He said his office had

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Speaker 1: nothing to do with it. He said, I was giving

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Speaker 1: the tapes after they made copies of the tape they

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00:18:45,600 --> 00:18:48,639
Speaker 1: retrieved and all it depicts its two individuals just walking

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Speaker 1: down the street.

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Speaker 5: Allegedly, what the police tell the prosecutor is they take

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Speaker 5: a clip of the video and they say the only

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Speaker 5: thing that they see on the video is two guys

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Speaker 5: walking on Dean Street. That's it. They don't say that

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Speaker 5: these two individuals are the shooters.

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Speaker 2: And let's not forget the defense investigator David Walker uncovered

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Speaker 2: that one of those assailants may have been the son

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Speaker 2: of a cop at the seventy seventh Precinct. So we're

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Speaker 2: not sure if the DA saw this video or not.

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Speaker 2: Maybe eighty A. Tim guff was presenting some kind of

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Speaker 2: plausible deniability ploy about this video to the court.

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Speaker 4: We don't know.

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Speaker 2: Nevertheless, they logically follows that the police tech guys that

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00:19:30,000 --> 00:19:34,120
Speaker 2: produced the still were able to open the videos. I'm

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Speaker 2: reading what my researcher extracted from these exchanges, and if

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00:19:38,440 --> 00:19:40,520
Speaker 2: he had a new excuse every fucking day, every time

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Speaker 2: he was like, oh, I can only play it on

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Speaker 2: this particular laptop that has this particular software on it.

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Speaker 4: You could just install the software. That's it.

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Speaker 1: That's fact.

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Speaker 4: But he's making fucking excuses every single day.

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Speaker 1: Aby single day. If the video showed me or he

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00:19:54,880 --> 00:19:56,800
Speaker 1: would have been happy to play it, but be it

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Speaker 1: that he know was to be and know it was

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Speaker 1: the Astra appropritrators.

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Speaker 2: They just kept stalling. Meanwhile, they presented the eyewitnesses.

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Speaker 5: Zakari is the first one to get on the witness

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Speaker 5: stand and they asked him, do you see the shooter

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00:20:09,880 --> 00:20:10,600
Speaker 5: in the courtroom?

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00:20:10,800 --> 00:20:15,040
Speaker 4: Yeah? No, Right, well then I guess that wraps it up.

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Speaker 5: Okay, And you had to understand something. Zacarry before trial

403
00:20:19,359 --> 00:20:22,080
Speaker 5: identifies Rvel in the lineup allegedly. So how does he

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00:20:22,119 --> 00:20:24,520
Speaker 5: come in at trial and say, no, Rvel isn't the one.

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Speaker 5: How does he tell the defense investigator that he couldn't

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Speaker 5: make an ID?

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00:20:28,000 --> 00:20:28,240
Speaker 4: Yep?

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Speaker 1: Right?

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00:20:29,200 --> 00:20:31,920
Speaker 5: The only way that it happens that he does make

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Speaker 5: the ID. And again this is when you get into

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Speaker 5: all best practices and everything. The investigators that know about

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00:20:37,280 --> 00:20:40,359
Speaker 5: the investigation shouldn't be involved with the identification. But you

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00:20:40,480 --> 00:20:43,600
Speaker 5: can only come to one conclusion if this guy's telling

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00:20:43,600 --> 00:20:46,600
Speaker 5: the defense investigator and then comes in a trial and

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Speaker 5: says that Rvel Marshall's not the shooter, right, is that

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00:20:50,240 --> 00:20:53,800
Speaker 5: he was told that Rvel Marshall was the shooter during

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Speaker 5: the lineup that he viewed. And that's why he makes

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Speaker 5: the positive identification. You gotta remember, all three witness this

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00:21:00,560 --> 00:21:03,280
Speaker 5: is their friend that's dead. Yeah, so if the police

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Speaker 5: are telling them that this is the guy that did it,

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Speaker 5: you know.

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Speaker 4: You got to back that up. I mean, what are

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00:21:08,160 --> 00:21:09,400
Speaker 4: you gonna dishonor his dead?

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Speaker 5: Like now, all of a sudden, Benison comes in and

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00:21:13,560 --> 00:21:18,280
Speaker 5: he's positive, it's our velt, right. And what's interesting is

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Speaker 5: the one thing that Alan Stutman did and Arvell and

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Speaker 5: I were talking about this is he cross examines and

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00:21:23,840 --> 00:21:27,000
Speaker 5: eats Benison up on the fact that you only had

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00:21:27,080 --> 00:21:29,960
Speaker 5: moments to see this person. It's not like you got

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Speaker 5: a good look at him. And Benison in amidst us right,

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Speaker 5: the next one that gets on the witness stand is

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Speaker 5: Eyeball a positive all of a sudden, right, and we

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Speaker 5: know from the defense investigator that these witnesses are all

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00:21:42,359 --> 00:21:44,639
Speaker 5: saying that they weren't sure of their ID before trial.

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00:21:45,080 --> 00:21:46,920
Speaker 5: To do with the defense is, so we're going to

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Speaker 5: talk about circumstantial evidence. Right, there's a jury instruction that

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00:21:50,119 --> 00:21:53,080
Speaker 5: described circumstantial evidence. You get up in the morning, there's

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00:21:53,080 --> 00:21:55,560
Speaker 5: snow on the ground, right, what can we assume it

439
00:21:55,680 --> 00:21:59,200
Speaker 5: snowed last night? Right? First witness gets on the witness stand.

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00:21:59,359 --> 00:22:01,320
Speaker 5: I don't see the shoot her in the courtroom. The

441
00:22:01,320 --> 00:22:03,760
Speaker 5: next two get up on the witness standard. We're a positive.

442
00:22:04,240 --> 00:22:05,960
Speaker 5: What can we assume happen here?

443
00:22:06,160 --> 00:22:07,080
Speaker 4: They got coached?

444
00:22:07,240 --> 00:22:08,560
Speaker 1: Yeah, this corse?

445
00:22:08,720 --> 00:22:12,680
Speaker 2: So all right, that circus goes on. Yes, your defensive

446
00:22:12,720 --> 00:22:15,879
Speaker 2: investigator already knows his bullshit. Yes, your public defender is

447
00:22:15,920 --> 00:22:19,800
Speaker 2: already cross examining them, and the jury sees this.

448
00:22:20,200 --> 00:22:23,320
Speaker 4: I mean, am I missing anything about this trial other.

449
00:22:23,160 --> 00:22:26,200
Speaker 5: Than affected his alibi his sister, who, by the way,

450
00:22:26,520 --> 00:22:28,800
Speaker 5: he told you he went to Rikers because he was

451
00:22:28,840 --> 00:22:30,920
Speaker 5: fighting the case because he had an incident with his sister.

452
00:22:30,960 --> 00:22:33,239
Speaker 5: So the sister that he had an incident with is

453
00:22:33,240 --> 00:22:37,359
Speaker 5: his alibi. She comes in and testifies that he was home.

454
00:22:37,720 --> 00:22:37,960
Speaker 1: Yep.

455
00:22:38,640 --> 00:22:42,640
Speaker 4: And then you're fighting to see this video the final straw, though,

456
00:22:42,680 --> 00:22:46,480
Speaker 4: tell me about that interaction with Dell Judas.

457
00:22:46,280 --> 00:22:49,640
Speaker 1: Actually get we played a video to pull my edicist.

458
00:22:49,840 --> 00:22:53,120
Speaker 1: He told me I'm having outbust in order the court officers.

459
00:22:53,320 --> 00:22:55,120
Speaker 1: He scored me out of the court room, and that's

460
00:22:55,119 --> 00:23:00,199
Speaker 1: when I got upset. Star Curses said, fuck this, I

461
00:23:00,240 --> 00:23:03,040
Speaker 1: didn't kill nobody. Why the fuck you gotta do this

462
00:23:03,080 --> 00:23:05,080
Speaker 1: to me? Yah? Got the evidence right there, It proves

463
00:23:05,080 --> 00:23:07,480
Speaker 1: my edocence. Why you don't wuld to play the video?

464
00:23:07,520 --> 00:23:09,840
Speaker 1: Because you do? It proves my edocence. And then he

465
00:23:09,880 --> 00:23:11,840
Speaker 1: started yelling heavy up, take him out of the court.

466
00:23:11,920 --> 00:23:13,560
Speaker 5: Rule was this in front of the jury?

467
00:23:13,640 --> 00:23:18,480
Speaker 4: R V Yes, and he says, quote, I've had enough

468
00:23:18,480 --> 00:23:21,439
Speaker 4: for you. All you do is rant. It's like my

469
00:23:21,560 --> 00:23:23,960
Speaker 4: fucking life mother, Like, what the fuck are you talking about?

470
00:23:24,040 --> 00:23:25,040
Speaker 1: Exactly what he said.

471
00:23:25,600 --> 00:23:28,440
Speaker 5: Rvel talked about this video so much he was actually

472
00:23:29,000 --> 00:23:31,680
Speaker 5: found in contempt. And you have to remember this is

473
00:23:31,720 --> 00:23:34,399
Speaker 5: that at that point Rvel hadn't even seen the video.

474
00:23:34,800 --> 00:23:36,680
Speaker 2: Yeah, you know, why the fuck would you be so

475
00:23:36,720 --> 00:23:39,680
Speaker 2: interested in seeing something unless you absolutely knew you weren't

476
00:23:39,680 --> 00:23:43,679
Speaker 2: fucking there? Yeah, all right, So I mean the jury

477
00:23:43,720 --> 00:23:48,040
Speaker 2: sees this, yep, are you thinking like, oh maybe maybe.

478
00:23:47,960 --> 00:23:51,600
Speaker 1: Maybe I got a chance. Yeah, it took like forty

479
00:23:51,640 --> 00:23:54,520
Speaker 1: five minutes to deliverer rate if that would be guilty

480
00:23:55,520 --> 00:23:58,960
Speaker 1: with no evidence, like, yeah, we be STARp vertic guilty.

481
00:23:59,600 --> 00:24:02,399
Speaker 1: I said, y'all people crazy, I said, y'all hear me

482
00:24:02,520 --> 00:24:05,080
Speaker 1: up here, actually judge to make the DA play the video,

483
00:24:05,359 --> 00:24:08,720
Speaker 1: I say, because it's fool my innocence. Did y'all really

484
00:24:08,720 --> 00:24:26,400
Speaker 1: that crazy? Like y'all really that blind? They have being

485
00:24:26,560 --> 00:24:35,679
Speaker 1: Auburn Clinton Albirah say say Attica. Theom CEOs there they

486
00:24:36,520 --> 00:24:40,520
Speaker 1: talked about racist. They racist. They don't care, they don't

487
00:24:40,600 --> 00:24:43,800
Speaker 1: hide it. That jail needs to be shut down.

488
00:24:43,840 --> 00:24:44,040
Speaker 5: Man.

489
00:24:44,200 --> 00:24:47,800
Speaker 1: The losers do whatever they want. Lieutenants is down with it. Captors,

490
00:24:48,320 --> 00:24:49,800
Speaker 1: all of them. They just let them do whatever they

491
00:24:49,800 --> 00:24:52,720
Speaker 1: want to jump people, be people up and kill people there.

492
00:24:53,520 --> 00:24:55,240
Speaker 1: It's places, it's crazy, man.

493
00:24:55,520 --> 00:24:58,240
Speaker 4: They have some interesting artwork on their bodies.

494
00:24:58,400 --> 00:25:00,800
Speaker 1: Yes, sir, you already know the bay with the rope.

495
00:25:00,960 --> 00:25:04,760
Speaker 1: You know all types of crazy shit man, the hitless suns.

496
00:25:04,880 --> 00:25:08,840
Speaker 5: Yeah, them shits you know these are correctional Yeah?

497
00:25:09,400 --> 00:25:11,120
Speaker 4: Yeah, why do you take this job?

498
00:25:11,480 --> 00:25:11,680
Speaker 1: Yeah?

499
00:25:11,960 --> 00:25:15,240
Speaker 4: Oh I couldn't fucking wait. Like Jesus Christ.

500
00:25:15,880 --> 00:25:18,119
Speaker 1: Cow was always going to take a job where they

501
00:25:18,119 --> 00:25:20,439
Speaker 1: could see they got the upper head or the real motherfucker.

502
00:25:20,920 --> 00:25:23,080
Speaker 1: If I had done this, you would never hear of

503
00:25:23,119 --> 00:25:25,880
Speaker 1: be fighting by case. I was just left it alone.

504
00:25:26,000 --> 00:25:27,920
Speaker 1: I'd be like, you know what, fuck it, I did it.

505
00:25:28,240 --> 00:25:30,639
Speaker 1: Let me do my time. But I know how didn't

506
00:25:30,640 --> 00:25:33,159
Speaker 1: do it. I was going to the little library and

507
00:25:33,200 --> 00:25:35,160
Speaker 1: I learned as much as I could about my case,

508
00:25:36,000 --> 00:25:39,520
Speaker 1: and then I just put it motions. I raised Brady

509
00:25:39,720 --> 00:25:46,119
Speaker 1: that shoot, it is Rozario violations, prosecution misconduct, police misconduct,

510
00:25:46,280 --> 00:25:47,800
Speaker 1: and the judge being biased.

511
00:25:48,640 --> 00:25:51,280
Speaker 2: Unfortunately, he wasn't able to gain any traction for over

512
00:25:51,359 --> 00:25:54,520
Speaker 2: ten years, but over that time he built evidence to

513
00:25:54,600 --> 00:25:59,399
Speaker 2: support all of his issues claims and ultimately obtained the video.

514
00:26:00,160 --> 00:26:02,439
Speaker 5: Rvel did what he did pro say, and then he

515
00:26:02,480 --> 00:26:05,400
Speaker 5: reached out to Derek Hamilton. You know I work with Derek, right.

516
00:26:05,520 --> 00:26:07,120
Speaker 4: Do you guys know each other from the inside.

517
00:26:07,320 --> 00:26:07,520
Speaker 1: Yes.

518
00:26:07,680 --> 00:26:09,919
Speaker 2: So I'm going to imagine like Auburn, you met Nelson

519
00:26:09,960 --> 00:26:11,840
Speaker 2: in them and the AI team.

520
00:26:12,440 --> 00:26:14,760
Speaker 1: Yeah, that's where I met Derek campibell to too.

521
00:26:15,359 --> 00:26:18,880
Speaker 5: He came to me late October early November twenty twenty three,

522
00:26:19,840 --> 00:26:22,639
Speaker 5: and I looked at the video, and Rvel made a

523
00:26:22,640 --> 00:26:26,080
Speaker 5: clear record that it wasn't turned over. Actually contacted his attorney,

524
00:26:26,200 --> 00:26:28,480
Speaker 5: and there wasn't just the video. There were interviews with

525
00:26:28,560 --> 00:26:31,160
Speaker 5: some of the witnesses weren't turned over, and his trial

526
00:26:31,200 --> 00:26:33,440
Speaker 5: attorney admitted that he never received a video.

527
00:26:33,640 --> 00:26:37,840
Speaker 1: Audio statements, right.

528
00:26:36,359 --> 00:26:39,800
Speaker 5: Audio statements. So Rvel really makes a clear record. And

529
00:26:39,880 --> 00:26:41,840
Speaker 5: I look at this video and I'm like, okay, well

530
00:26:41,880 --> 00:26:44,600
Speaker 5: these are the shooters, yep. So then i looked at

531
00:26:44,600 --> 00:26:47,520
Speaker 5: the description of Rvel and I'm like, he doesn't match

532
00:26:47,520 --> 00:26:49,159
Speaker 5: the description. I look at a picture of him, and

533
00:26:49,200 --> 00:26:52,679
Speaker 5: I'm like, nobody is going to confuse him for the

534
00:26:52,840 --> 00:26:53,520
Speaker 5: people in the.

535
00:26:53,520 --> 00:26:55,919
Speaker 4: Video, even if it's grainy, right.

536
00:26:55,800 --> 00:26:59,600
Speaker 5: And so it was, you know, Brady, the cru had

537
00:26:59,600 --> 00:27:02,760
Speaker 5: to do their investigations. I tried to find Abraham Omar.

538
00:27:03,359 --> 00:27:06,920
Speaker 5: I tried to track down the actual person that owned

539
00:27:07,160 --> 00:27:09,520
Speaker 5: the business that took the video to see if maybe

540
00:27:09,520 --> 00:27:11,840
Speaker 5: I could get even better copy, maybe the raw files

541
00:27:11,840 --> 00:27:14,080
Speaker 5: of the video. I hired it an expert to maybe

542
00:27:14,119 --> 00:27:15,160
Speaker 5: enhance it even more.

543
00:27:15,600 --> 00:27:15,800
Speaker 4: Well.

544
00:27:15,920 --> 00:27:19,200
Speaker 2: Justin was trying to develop further support for Rvel's claim.

545
00:27:19,640 --> 00:27:23,200
Speaker 2: The Brooklyn Conviction Review Unit conducted interviews, including with Nicki

546
00:27:23,280 --> 00:27:27,400
Speaker 2: and Zebo Zacari, Benison and his attorney, Alan Stutman.

547
00:27:27,680 --> 00:27:31,119
Speaker 5: The DA's office interviews Alan Stuttman and they show him

548
00:27:31,160 --> 00:27:33,159
Speaker 5: the video and he said he would have used that video.

549
00:27:33,280 --> 00:27:35,280
Speaker 5: He said that he would have shown that to Rvel

550
00:27:35,520 --> 00:27:37,800
Speaker 5: and we would have built a defense around that. So

551
00:27:37,960 --> 00:27:40,480
Speaker 5: not only did they with hul Brady evidence, they created

552
00:27:40,480 --> 00:27:44,439
Speaker 5: a separation between Rvel and his lawyer. They turned Rvel

553
00:27:44,480 --> 00:27:47,320
Speaker 5: against his lawyer, and the lawyers looking at Rvel like,

554
00:27:47,480 --> 00:27:51,200
Speaker 5: you're crazy. The video doesn't mean anything. Yeah, he says,

555
00:27:51,720 --> 00:27:54,399
Speaker 5: I trusted what the DA said. I trusted what the

556
00:27:54,400 --> 00:27:57,439
Speaker 5: police said. I trusted what the judge said. And then

557
00:27:57,480 --> 00:27:59,840
Speaker 5: you got to remember too, this lawyer is an eight

558
00:28:00,080 --> 00:28:03,840
Speaker 5: and B lawyer, and his vouchers get signed by the judge. Okay,

559
00:28:04,040 --> 00:28:07,640
Speaker 5: so there's only but so much pushing. We're gonna get here, right, Yeah,

560
00:28:07,920 --> 00:28:10,160
Speaker 5: gonna get paid, right.

561
00:28:10,480 --> 00:28:11,640
Speaker 1: So you have that.

562
00:28:11,840 --> 00:28:14,760
Speaker 5: Then he interviews A Carrie and Za Carry says specifically

563
00:28:14,800 --> 00:28:17,360
Speaker 5: that we were unsure and then we were told he's

564
00:28:17,400 --> 00:28:17,840
Speaker 5: the killer.

565
00:28:18,080 --> 00:28:21,440
Speaker 1: Yep. After the fact, the cops told him that Nicky

566
00:28:21,520 --> 00:28:24,639
Speaker 1: boyfriend was the shooter. I was locked up and I

567
00:28:24,760 --> 00:28:27,640
Speaker 1: was described as Nicky's boyfriend. At that time, So who

568
00:28:27,680 --> 00:28:29,679
Speaker 1: else will he be talking about? How would it be?

569
00:28:30,000 --> 00:28:32,159
Speaker 5: And it goes from a no I D to then

570
00:28:32,200 --> 00:28:35,080
Speaker 5: an ID. Then they interview Niki and this is why

571
00:28:35,200 --> 00:28:38,040
Speaker 5: RVL believes that Nicky has something to do with this

572
00:28:38,200 --> 00:28:40,160
Speaker 5: other than some of the things he's already laid out.

573
00:28:40,320 --> 00:28:43,680
Speaker 5: Nicki gives a statement to his defense investigator no one

574
00:28:43,720 --> 00:28:47,360
Speaker 5: else says there's two people involved other than her.

575
00:28:48,120 --> 00:28:51,080
Speaker 1: Yeah, she knew it was two perpetrated and she also

576
00:28:51,160 --> 00:28:53,400
Speaker 1: knew that they was one of them was young m

577
00:28:54,520 --> 00:28:58,160
Speaker 1: How did she notice? Nicky claimed to have received information

578
00:28:58,240 --> 00:29:01,560
Speaker 1: from her next door neighbor, say that somebody told them

579
00:29:01,600 --> 00:29:06,240
Speaker 1: allegedly that they say two perpetrators. How do they.

580
00:29:06,120 --> 00:29:09,560
Speaker 2: Notice because her next door neighbor is Abraham Omar.

581
00:29:09,960 --> 00:29:14,280
Speaker 1: Yes, none other that Abraham strikes again.

582
00:29:14,840 --> 00:29:18,920
Speaker 5: But you know, interestingly, they showed her the video and

583
00:29:18,960 --> 00:29:20,760
Speaker 5: she said, what'd she say, Arvel?

584
00:29:20,960 --> 00:29:23,160
Speaker 1: She said, that's not all about of that video.

585
00:29:23,680 --> 00:29:25,440
Speaker 5: Boom I mean, I wish could do we have a

586
00:29:25,480 --> 00:29:31,040
Speaker 5: funk flex that we have a bomber. I mean it

587
00:29:31,160 --> 00:29:34,000
Speaker 5: took ten months though once I got on board of

588
00:29:34,120 --> 00:29:38,120
Speaker 5: pushing and RVEL was frustrated. I was frustrated, but at

589
00:29:38,160 --> 00:29:40,200
Speaker 5: the end of the day, the DA's office did the

590
00:29:40,280 --> 00:29:43,080
Speaker 5: right thing and they admitted that's not him in the video.

591
00:29:43,240 --> 00:29:45,720
Speaker 5: That video had a tremendous amount of value and they

592
00:29:45,840 --> 00:29:46,560
Speaker 5: let him out.

593
00:29:47,640 --> 00:29:50,720
Speaker 1: A blessed man, you know, basically helped me prove that.

594
00:29:51,680 --> 00:29:54,440
Speaker 2: It's August ninth, twenty twenty four. What do you have

595
00:29:54,520 --> 00:29:54,880
Speaker 2: going on?

596
00:29:54,960 --> 00:29:56,840
Speaker 4: Like? You know, whe are you living with's life? Like?

597
00:29:57,000 --> 00:30:00,400
Speaker 1: Well, I don't have a place to stay right now.

598
00:30:00,520 --> 00:30:02,280
Speaker 1: I'm staying at people houses here and there. You know,

599
00:30:02,320 --> 00:30:05,680
Speaker 1: I'm homeless really right now. You know, they just send

600
00:30:05,760 --> 00:30:06,920
Speaker 1: me back out here with nothing.

601
00:30:07,560 --> 00:30:10,200
Speaker 5: He has a state suit pending, and we're moving on

602
00:30:10,400 --> 00:30:12,960
Speaker 5: civil rights and we're working to try to get r

603
00:30:13,040 --> 00:30:14,080
Speaker 5: VEL stabilized.

604
00:30:14,320 --> 00:30:18,280
Speaker 1: This case stressed my mother out so bad she passed away.

605
00:30:18,320 --> 00:30:18,520
Speaker 4: Man.

606
00:30:19,600 --> 00:30:22,440
Speaker 1: It stressed my father out, my sister out. They all

607
00:30:22,520 --> 00:30:25,360
Speaker 1: three passed away, and my step father well that's for people.

608
00:30:26,080 --> 00:30:28,600
Speaker 1: They passed away because they wanted to be back home

609
00:30:28,680 --> 00:30:31,360
Speaker 1: so much, and all they used to think about was me.

610
00:30:31,920 --> 00:30:33,960
Speaker 1: I gotta letters, so I to be baby, come home.

611
00:30:34,040 --> 00:30:36,239
Speaker 1: Have you ever to get hold I don't know how

612
00:30:36,280 --> 00:30:39,520
Speaker 1: much more I could take and then she's gone. Now

613
00:30:39,560 --> 00:30:42,520
Speaker 1: they all got and that was my support while I

614
00:30:42,600 --> 00:30:45,000
Speaker 1: was a jet. There was my support of the street.

615
00:30:45,640 --> 00:30:46,440
Speaker 1: That'll have able.

616
00:30:47,280 --> 00:30:51,680
Speaker 2: No, as you've just heard, our Vell has very little support,

617
00:30:51,920 --> 00:30:54,520
Speaker 2: and you can help them stay afloat by donating to

618
00:30:54,800 --> 00:30:58,000
Speaker 2: his GoFundMe. We'll have that linked in the episode description.

619
00:30:59,040 --> 00:31:01,400
Speaker 2: We wish Justin in him all the luck in the

620
00:31:01,440 --> 00:31:04,640
Speaker 2: world and their pursuit of civil litigation. I mean, obviously

621
00:31:04,680 --> 00:31:07,520
Speaker 2: nothing could ever make up the time for our vel.

622
00:31:07,680 --> 00:31:13,200
Speaker 2: But however, during the interview, Larvell expressed a small measure

623
00:31:13,240 --> 00:31:16,200
Speaker 2: of revenge that he had on Nikki and someone from

624
00:31:16,200 --> 00:31:18,920
Speaker 2: the seventy seventh Precinct That felt pretty cathartic.

625
00:31:19,640 --> 00:31:22,480
Speaker 1: It was funny. By after I got locked up, Nicky

626
00:31:22,560 --> 00:31:25,240
Speaker 1: started dating a guy that woke to seventy seven Precinct

627
00:31:25,560 --> 00:31:30,719
Speaker 1: as a cop. Guess what of a day, little his

628
00:31:30,920 --> 00:31:34,280
Speaker 1: RoboCop asked, though, nick you sent me a neckad picture

629
00:31:34,320 --> 00:31:39,480
Speaker 1: on my phone. Oh bunny boy, Yeah, I hope you

630
00:31:39,560 --> 00:31:42,440
Speaker 1: hit his shit. And I also got a letter from

631
00:31:42,480 --> 00:31:45,040
Speaker 1: her telling me she's gonna leave him to come back

632
00:31:45,080 --> 00:31:48,680
Speaker 1: to me. Oh man, but you know what, I don't

633
00:31:48,680 --> 00:31:50,880
Speaker 1: want to ask back. I ain't even want to steak

634
00:31:50,920 --> 00:31:53,440
Speaker 1: ass neckert picture. She could have kept that shit.

635
00:31:56,560 --> 00:32:00,240
Speaker 2: And with that we go to closing arguments where I'm

636
00:32:00,240 --> 00:32:03,800
Speaker 2: just going to express my gratitude to Rvel and Justin

637
00:32:04,640 --> 00:32:06,680
Speaker 2: as well as to Jason and the team for letting

638
00:32:06,720 --> 00:32:09,840
Speaker 2: me do this, and then I'm going to lock it

639
00:32:09,880 --> 00:32:12,080
Speaker 2: up and listen to anything else. Justin and Rvel have

640
00:32:12,200 --> 00:32:12,560
Speaker 2: to say.

641
00:32:13,280 --> 00:32:17,640
Speaker 5: Everybody says, what would an innocent man say? A menisin,

642
00:32:17,680 --> 00:32:20,680
Speaker 5: you'd scream to the rooftop, im menison, I didn't do it,

643
00:32:21,360 --> 00:32:24,400
Speaker 5: and then people on that jury that think this is

644
00:32:24,400 --> 00:32:27,840
Speaker 5: what I would do if I didn't do Rvel Marshall

645
00:32:27,920 --> 00:32:31,680
Speaker 5: did what everybody says that they would do, even though

646
00:32:31,680 --> 00:32:34,960
Speaker 5: they don't have an iota of what it is like

647
00:32:35,040 --> 00:32:40,840
Speaker 5: to be interrogated and arrested and prosecuted. Right, most people

648
00:32:40,840 --> 00:32:44,080
Speaker 5: in this country don't. They don't know. I see I do.

649
00:32:44,240 --> 00:32:45,960
Speaker 5: I've been I've had the police come to try to

650
00:32:46,000 --> 00:32:50,040
Speaker 5: interrogate me, and they have a very good method to

651
00:32:50,120 --> 00:32:53,400
Speaker 5: make you feel like they know something about you when

652
00:32:53,440 --> 00:32:58,120
Speaker 5: they don't, the psychological games that they play. But see,

653
00:32:58,160 --> 00:33:01,520
Speaker 5: he withstood all of the psychological games. He never admitted

654
00:33:01,560 --> 00:33:04,000
Speaker 5: he committed the crime. He said he was innocent from

655
00:33:04,040 --> 00:33:06,640
Speaker 5: the very beginning, had an alibi from the very beginning

656
00:33:06,920 --> 00:33:10,120
Speaker 5: was in court, and when his lawyer wouldn't advocate for him,

657
00:33:10,520 --> 00:33:15,000
Speaker 5: he advocated for himself. He does exactly what everybody said

658
00:33:15,000 --> 00:33:17,920
Speaker 5: that they would do, which is they would tell everybody

659
00:33:17,960 --> 00:33:21,240
Speaker 5: I'm innocent, tell him where I am. Still gets convicted,

660
00:33:21,440 --> 00:33:25,720
Speaker 5: And the worst part about it is he's undermined by

661
00:33:26,400 --> 00:33:29,200
Speaker 5: the prosecutor and it's not just their job to get

662
00:33:29,200 --> 00:33:31,880
Speaker 5: a conviction. They have a duty of candor to the

663
00:33:31,960 --> 00:33:35,680
Speaker 5: court and fairness to the accused. That didn't happen here,

664
00:33:36,040 --> 00:33:38,880
Speaker 5: whether it was because the prosecutors fault himself or the

665
00:33:38,880 --> 00:33:42,320
Speaker 5: cops fault, they cheated every chance that they got. Is

666
00:33:42,360 --> 00:33:44,840
Speaker 5: we know this now because of physical evidence that they

667
00:33:44,880 --> 00:33:48,520
Speaker 5: had to frame him in order to get him arrested

668
00:33:48,560 --> 00:33:52,080
Speaker 5: and then convicted, and they had to coach these witnesses

669
00:33:52,760 --> 00:33:54,760
Speaker 5: to take it all away to the end, to the

670
00:33:54,760 --> 00:33:58,440
Speaker 5: finish line. He does, though, what everybody says they would do,

671
00:33:58,520 --> 00:34:01,760
Speaker 5: which is repeatedly say he innocent, and every chance he got,

672
00:34:02,080 --> 00:34:05,280
Speaker 5: even when he was told not to do it, he

673
00:34:05,320 --> 00:34:08,520
Speaker 5: did it. And he was blasted by the judge in

674
00:34:08,520 --> 00:34:12,279
Speaker 5: front of the jury said he's not credible in front

675
00:34:12,280 --> 00:34:13,400
Speaker 5: of the jury.

676
00:34:13,600 --> 00:34:17,879
Speaker 1: What would y'all have done in my situation. Would y'all

677
00:34:17,880 --> 00:34:23,440
Speaker 1: would is still quiet? Did the time or fight to

678
00:34:23,520 --> 00:34:26,600
Speaker 1: prove you Editus, but you know it could be done.

679
00:34:28,440 --> 00:34:32,600
Speaker 1: Let other people that really out there killing people be

680
00:34:32,719 --> 00:34:36,040
Speaker 1: home so they could kill more people, or ask that

681
00:34:36,080 --> 00:34:39,799
Speaker 1: you put them people away and let the edocon man out.

682
00:34:39,960 --> 00:34:42,960
Speaker 1: Would y'all want them cops to still be workome to y'all,

683
00:34:42,960 --> 00:34:48,319
Speaker 1: communities of the judges and the da I don't feel

684
00:34:48,320 --> 00:34:51,680
Speaker 1: they should have a job anymore, none of them because

685
00:34:51,719 --> 00:34:56,239
Speaker 1: they no good. I hope y'all feel the same way

686
00:34:56,239 --> 00:34:59,399
Speaker 1: I do. And like I said, I'm edocent. Still I'm

687
00:34:59,400 --> 00:35:01,880
Speaker 1: gonna always fame. This is because I know how you

688
00:35:01,880 --> 00:35:04,279
Speaker 1: do that like that. I never killed nobody in my

689
00:35:04,400 --> 00:35:06,960
Speaker 1: life and I'm not ashamed to sit. I'm not gonna

690
00:35:07,000 --> 00:35:09,320
Speaker 1: kill him. I'm just a god that will fight for

691
00:35:09,440 --> 00:35:10,040
Speaker 1: his rights.

692
00:35:10,440 --> 00:35:10,840
Speaker 4: That's it.

693
00:35:10,960 --> 00:35:11,279
Speaker 1: Thank you.

694
00:35:18,600 --> 00:35:20,360
Speaker 3: Thank you for listening to Wrongful Conviction.

695
00:35:20,800 --> 00:35:21,920
Speaker 4: You can listen to this.

696
00:35:21,840 --> 00:35:24,440
Speaker 3: And all the Lava for Good podcasts one week early

697
00:35:24,560 --> 00:35:27,600
Speaker 3: and ad free by subscribing to Lava for Good Plus

698
00:35:27,760 --> 00:35:30,640
Speaker 3: on Apple Podcasts. I want to thank our production team,

699
00:35:30,760 --> 00:35:33,720
Speaker 3: Connor Hall and Kathleen Fink, as well as my fellow

700
00:35:33,719 --> 00:35:37,520
Speaker 3: executive producers Jeff Kempler, Kevin Wartis, and Jeff Cleibern. The

701
00:35:37,600 --> 00:35:39,960
Speaker 3: music in this production was supplied by three time OSCAR

702
00:35:40,000 --> 00:35:43,280
Speaker 3: nominated composer Jay Ralph. Be sure to follow us across

703
00:35:43,360 --> 00:35:46,279
Speaker 3: all social media platforms at Lava for Good and at

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00:35:46,320 --> 00:35:49,480
Speaker 3: Wrongful Conviction. You can also follow me on Instagram at

705
00:35:49,560 --> 00:35:52,759
Speaker 3: it's Jason Flamm. Wrongful Conviction is the production of Lava

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00:35:52,800 --> 00:36:02,480
Speaker 3: for Good podcasts and association with Signal Company Number one