WEBVTT - #483 Guest Host Conor Hall with Arvel Marshall 0:00:04.600 --> 0:00:04.800 Hi. 0:00:04.920 --> 0:00:07.880 I'm Connor Hall, one of the producers for Ronfuel Conviction. 0:00:08.240 --> 0:00:10.200 And if you don't follow us on social media, you 0:00:10.240 --> 0:00:13.160 may not have heard, but our good friends Jason Flamm 0:00:13.360 --> 0:00:17.360 and Gliali got married and now for their honeymoon. In 0:00:17.440 --> 0:00:21.799 true Ali Flahm fashion, they're in Texas right now fighting 0:00:21.840 --> 0:00:26.080 to save an innocent man on death row, Robert Robertson. 0:00:26.520 --> 0:00:30.880 He's scheduled for execution on October seventeenth, twenty twenty four. 0:00:31.360 --> 0:00:34.080 We'll link his episode in the episode description. And while 0:00:34.080 --> 0:00:37.680 they're away, Jason is generously handed over hosting duties to me, 0:00:38.040 --> 0:00:40.839 and I promised that I wouldn't screw it up, So 0:00:40.920 --> 0:00:46.880 here we go. On July fifteenth, two thousand and eight, 0:00:47.360 --> 0:00:50.800 twenty two year old Mustafa O Maria was gunned down 0:00:50.840 --> 0:00:54.840 in front of his building in Crown Heights, Brooklyn. There 0:00:54.920 --> 0:00:58.920 was confusion whether there was one or two assailants, but 0:00:58.960 --> 0:01:03.160 the descriptions Cohen sided on male, varying shades of black skin, 0:01:03.520 --> 0:01:09.120 between five nine and six feet tall, late teens early twenties. Soon, 0:01:09.200 --> 0:01:12.560 another alleged witness claimed to know the shooter's motive. The 0:01:12.680 --> 0:01:15.360 victim had been sleeping with a woman named Nicki Collier 0:01:16.120 --> 0:01:19.800 and her alleged boyfriend, Rvel Marshall had just gotten out 0:01:19.840 --> 0:01:24.240 of jail. But Arvel stood at five foot five and 0:01:24.440 --> 0:01:29.840 was thirty six years old, not a teenager. Nevertheless, the 0:01:29.920 --> 0:01:34.240 victim's friends identified r Vel as the shooter, sending him 0:01:34.280 --> 0:01:39.240 away for twenty five to life. This is wrongful conviction. 0:01:46.440 --> 0:01:49.840 Wrongful conviction has always given voice to innocent people in prison, 0:01:49.880 --> 0:01:53.520 and now we're expanding that voice to you. Call us 0:01:53.800 --> 0:01:56.800 at eight three three two o seven four six sixty 0:01:56.840 --> 0:01:59.200 six and tell us how these stories make you feel 0:01:59.360 --> 0:02:01.800 and what you done to help the cause, even if 0:02:01.800 --> 0:02:04.639 it's something as simple as telling a friend or sharing 0:02:04.680 --> 0:02:07.960 on social media, and you might just hear yourself in 0:02:08.000 --> 0:02:11.400 a future episode. Call us A three three two o 0:02:11.560 --> 0:02:13.040 seven four six sixty six. 0:02:23.440 --> 0:02:26.920 Welcome back to Wrongful Conviction, where we have another case 0:02:26.960 --> 0:02:30.079 out of Brooklyn, and across from me is a man 0:02:30.160 --> 0:02:36.280 named Rvil Marshall who endured something that well, I mean, 0:02:36.280 --> 0:02:41.679 it was disgusting, unnecessary, should have been completely avoidable, and 0:02:41.800 --> 0:02:44.760 almost was. And we're going to get to that in 0:02:44.840 --> 0:02:47.680 just a minute, but we're just happy to have him home. 0:02:48.000 --> 0:02:50.520 Thanks for doing this, well, you welcome, Amen and you 0:02:50.560 --> 0:02:53.639 may have just heard a familiar voice say, Amen, that's 0:02:53.880 --> 0:02:54.639 justin bonus. 0:02:56.040 --> 0:02:59.400 You and I probably talk more than most people talk 0:02:59.440 --> 0:02:59.760 to their. 0:02:59.680 --> 0:03:03.280 Family, and it's typically about another case you're working on. 0:03:03.600 --> 0:03:03.800 You know. 0:03:03.880 --> 0:03:07.880 Unfortunately that well never dries up. I mean we've worked 0:03:07.880 --> 0:03:11.240 on how many cases already, Marcus. 0:03:10.919 --> 0:03:15.240 Wiggins, Vincent Simmons, Jerome Curry, Raphael Martinez, Garriy Ben Loss. 0:03:15.280 --> 0:03:18.720 Well, thank you for coming back. Absolutely, Yeah, this case 0:03:18.840 --> 0:03:20.520 is no less fucked up. 0:03:20.760 --> 0:03:23.200 The only good part about r Vel's case is he's 0:03:23.320 --> 0:03:26.040 exonerated and we're on the next phase, which is fighting 0:03:26.080 --> 0:03:28.840 to get him compensated. But that's about the only good 0:03:28.880 --> 0:03:30.080 thing about Rvel's case. 0:03:30.280 --> 0:03:32.480 And you and Brownsville and bedsty Hey. 0:03:33.080 --> 0:03:35.800 This is nice. You know, it's kind of rough, but 0:03:36.040 --> 0:03:38.760 it's nice. I used to work as Super Marcus as 0:03:38.760 --> 0:03:41.960 a kid, packing bags and stuff. I get a little 0:03:42.000 --> 0:03:44.960 money here there because my family was poor. But that 0:03:45.160 --> 0:03:47.800 growing up at browns with a dead style, you literally 0:03:47.800 --> 0:03:52.560 get tested because especially the Ghattle, the neighborhoods like you 0:03:52.600 --> 0:03:53.240 would have to. 0:03:53.120 --> 0:03:58.000 Fight famously, Mike Tyson's from Brownsville, and then you're like 0:03:58.120 --> 0:04:02.600 coming of age when Mike is getting huge, right, But 0:04:03.120 --> 0:04:03.880 before it was huge. 0:04:03.920 --> 0:04:05.160 He must have been known around town. 0:04:05.440 --> 0:04:07.480 Yeah he was. He's the right coach screep for your 0:04:07.520 --> 0:04:11.640 a boy tweet Sunny and Blake the shelters. 0:04:10.600 --> 0:04:13.600 No shit, Yeah yeah. 0:04:13.080 --> 0:04:15.640 Mike trying to help the community, you know, like Hivy 0:04:15.680 --> 0:04:17.960 dog K used to come through there, give it out, 0:04:18.040 --> 0:04:19.280 turkeys and shit like that. 0:04:19.520 --> 0:04:21.120 So what's the precinct? 0:04:21.320 --> 0:04:22.039 Seventy seven? 0:04:22.200 --> 0:04:24.120 Some people that you are familiar. 0:04:23.839 --> 0:04:26.719 With Brooklyn North homicide. One of them, if you know 0:04:26.839 --> 0:04:30.000 James Davis. James Davis was wrong, clear convicted. 0:04:30.080 --> 0:04:31.160 Oh wait Ja Davis? 0:04:31.240 --> 0:04:34.360 Yeah, Legelaide represented felt okay, yeah, ye ye ye yah yeah. 0:04:34.400 --> 0:04:36.640 So one of the lead detectives there was Jay Wallski 0:04:36.839 --> 0:04:41.200 and then Matthew Hutchinson. Matthew Hutchinson, from my understanding, fabricated 0:04:41.240 --> 0:04:44.400 a statement in James Davis's case, and he's all over 0:04:44.880 --> 0:04:45.760 our Velle's case. 0:04:46.240 --> 0:04:49.120 If you're unfamiliar with James Davis's case, we'll have that 0:04:49.240 --> 0:04:52.799 linked in the episode description as well. Now, Ourvell's case 0:04:52.920 --> 0:04:55.719 really began when he met a young lady in two 0:04:55.760 --> 0:04:56.360 thousand and. 0:04:56.279 --> 0:05:00.159 Three, Jadique will Collier aka Nicky. 0:05:00.080 --> 0:05:02.479 Tell me about meeting her, like, was there a good time? 0:05:02.760 --> 0:05:05.159 Yeah? It was a good time. I was, you know, 0:05:05.560 --> 0:05:07.919 but I still feel she has something to do with 0:05:08.000 --> 0:05:10.520 me going to jail. Even though it was a good time, 0:05:11.400 --> 0:05:12.520 I still feel that way. 0:05:12.760 --> 0:05:14.360 And this is in bed star at the time now 0:05:14.400 --> 0:05:15.000 that you were living. 0:05:15.040 --> 0:05:17.680 Now, I'm staying at Brownsville, but I moved to current 0:05:17.720 --> 0:05:20.960 high school. KICKI her baba ah all right, Okay, Nicky 0:05:21.040 --> 0:05:26.359 Moba was originally my girlfriend. O Dick kept coming on 0:05:26.480 --> 0:05:27.920 to me. I ain't want a best one, it though 0:05:28.640 --> 0:05:31.880 it just happened. Nicky used to date my brother. She 0:05:31.960 --> 0:05:36.480 got my brother Dave tattooed on her back. Shit, and 0:05:36.640 --> 0:05:38.560 she was dating my niece baby father. 0:05:39.080 --> 0:05:42.760 Wow. Now, as most of us are aware, betraying the 0:05:42.800 --> 0:05:47.600 expectation of a monogamous relationship can offense, spark fights, breakups, or, 0:05:48.080 --> 0:05:51.320 as the police believed in this case, murder. But Nicki 0:05:51.360 --> 0:05:54.440 appears to have lived as she pleased and not led 0:05:54.560 --> 0:05:58.000 any of her lovers to have any other expectation, including 0:05:58.240 --> 0:06:01.679 r vel or the victim in this case Mustafo Maria. 0:06:02.560 --> 0:06:04.640 Yeah, she was dated a that will tell she was 0:06:04.760 --> 0:06:07.920 messing with him and I was in rackets. 0:06:07.560 --> 0:06:08.880 Out what were you in for me? 0:06:09.040 --> 0:06:10.960 And my sister tell you we had I got in 0:06:10.960 --> 0:06:13.040 a fight as she lied to the cops and told 0:06:13.120 --> 0:06:15.320 him that I stabbed her, but I didn't stab her. 0:06:16.080 --> 0:06:18.600 I beat that. I came home, but she came to 0:06:18.760 --> 0:06:21.320 visit beat on my birthday and she told me she 0:06:21.400 --> 0:06:24.200 wanted me to leave her mother at bibleh and she's 0:06:24.240 --> 0:06:26.920 going to leave the victims Mustafo Barrio. 0:06:27.400 --> 0:06:29.960 I said, okay, and this dude we were talking earlier, 0:06:29.960 --> 0:06:31.680 so he's in the Bloods. And then he's also like 0:06:31.720 --> 0:06:32.400 a handsome guy. 0:06:32.600 --> 0:06:35.000 Yeah, he was a handsome guy. He was messing with 0:06:35.120 --> 0:06:36.400 dudes girls. 0:06:36.760 --> 0:06:40.440 I don't know, between the victims involvement with the Bloods 0:06:40.760 --> 0:06:43.520 as well as his activity with women who were in 0:06:43.600 --> 0:06:47.479 otherwise monogamous relationships, there may have been some ill will 0:06:47.560 --> 0:06:50.640 toward him. On the night that he died July fifteenth, 0:06:50.760 --> 0:06:54.039 two thousand and eight, sometime before ten pm, in front 0:06:54.040 --> 0:06:58.200 of his building one thirty nine Albany Avenue in Crown Heights, Brooklyn. 0:06:58.560 --> 0:07:01.520 There's not thirty day sent call to the witnesses. 0:07:01.600 --> 0:07:04.479 Right, you know, if you're the cops, you wanted to 0:07:04.480 --> 0:07:07.520 be closer to ten o'clock, right, Arvel? Yeah, because they 0:07:07.600 --> 0:07:11.119 knew Rvel had a pretty good Alibi between nine thirty 0:07:11.120 --> 0:07:13.160 and nine to forty five, and Rvel didn't have a 0:07:13.200 --> 0:07:15.080 car either, just by the way, so he would have 0:07:15.120 --> 0:07:19.280 had to take in a bus from his mother's house 0:07:19.520 --> 0:07:23.120 in right all the way to Crown Heights. It's like 0:07:23.120 --> 0:07:27.040 a twenty minute bus strip by itself. But you have 0:07:27.680 --> 0:07:30.920 Mustapha sitting on the stoop and three of his friends, 0:07:30.920 --> 0:07:35.440 a guid by the name of Zakarie, Zaybo and Benison, 0:07:36.040 --> 0:07:39.720 and somebody rolls up to them and head shots their 0:07:39.840 --> 0:07:43.440 friend that around nine thirty at night and then runs away. 0:07:43.800 --> 0:07:46.360 They said he came from D Street and walked along 0:07:46.440 --> 0:07:50.120 Albity Avenue. They ran back on D Street after leave. 0:07:50.160 --> 0:07:51.560 It a sea from Albity Avenue. 0:07:51.680 --> 0:07:56.520 Now, the initial description is somebody between five foot nine 0:07:56.560 --> 0:08:00.360 and six foot Rvel's like five to five okay, three 0:08:00.720 --> 0:08:04.240 inches to a half of foot potentially. We also got 0:08:04.280 --> 0:08:06.640 a description of light skin on the nine to one 0:08:06.680 --> 0:08:09.680 one calls. And then the other description, which is a 0:08:09.720 --> 0:08:13.840 seventeen year old Rvel looked probably forty Rvel right. 0:08:13.840 --> 0:08:16.600 Yep, So the description didn't even come close to Rvel. 0:08:17.040 --> 0:08:21.400 But there were some unresolvable discrepancies between the descriptions from 0:08:21.600 --> 0:08:24.520 Benison and then Zebo and Zakari. 0:08:25.040 --> 0:08:25.240 Yeah. 0:08:25.880 --> 0:08:29.280 First they said bel black light skid, seventeen years old, 0:08:29.640 --> 0:08:32.880 wearing the white T shirt blue JS. Then with the 0:08:32.880 --> 0:08:35.040 other twols take it to the priests. They give a statement. 0:08:35.360 --> 0:08:37.520 They said bel black dog skid. We with the white 0:08:37.559 --> 0:08:41.240 T shirt dog JS and either hat or do but 0:08:42.040 --> 0:08:44.640 well he went to the DA's office. He fixed it. 0:08:44.720 --> 0:08:47.600 It said that the Bell was black, brown skinned, wearing 0:08:47.800 --> 0:08:49.040 all dark clothes. 0:08:48.760 --> 0:08:51.920 Which interestingly matches the video that we're going to talk about. 0:08:52.200 --> 0:08:54.960 And understand this, the three witnesses are testify to trial, 0:08:55.240 --> 0:08:57.160 never say there were two people involved. Yet we have 0:08:57.240 --> 0:08:59.960 a video that shows that there were two people involved. 0:09:00.240 --> 0:09:03.640 As Arvel mentioned, the assailants were traveling west on Dean, 0:09:04.200 --> 0:09:07.360 made a left going south on Albany to where these 0:09:07.400 --> 0:09:10.440 four men were at one thirty nine Albany. So the 0:09:10.440 --> 0:09:14.080 police found a surveillance camera on Dean Street, which didn't 0:09:14.120 --> 0:09:17.480 capture the shooting, but it saw enough to account for 0:09:17.520 --> 0:09:19.439 the discrepancies and the descriptions. 0:09:19.960 --> 0:09:22.000 It's in the middle of the block. Actually, the video 0:09:22.080 --> 0:09:24.520 is pretty good quality and it has an angle that 0:09:24.600 --> 0:09:27.880 goes both ways, so you see the guys what we 0:09:27.960 --> 0:09:30.559 now know are the perpetrators. And a key thing is 0:09:30.600 --> 0:09:31.960 they're both the same size. 0:09:32.480 --> 0:09:34.760 One has light skin, one has dark shind Yeah. 0:09:34.559 --> 0:09:37.760 Well dual gattle dark clothes and other dual gattle light shirt, 0:09:37.840 --> 0:09:40.559 blue jays. He got a baseball capboard. 0:09:40.840 --> 0:09:43.439 This is what the video shows. These two young guys 0:09:43.480 --> 0:09:46.360 walking down, one guy lifting up, pulling a gun out, 0:09:46.440 --> 0:09:48.920 and you watch them make a left on the Albany. 0:09:49.400 --> 0:09:49.640 Right. 0:09:49.840 --> 0:09:53.240 How you know what's the shooting is there's two guys walking, 0:09:53.240 --> 0:09:55.280 one with a dog, one or not on Dean, and 0:09:55.320 --> 0:09:58.240 they're walking towards Albany. They hear the shots, they stop, 0:09:59.200 --> 0:10:01.360 start walking f pass the other way. Then all of 0:10:01.400 --> 0:10:04.400 a sudden you see the same two guys and the 0:10:04.480 --> 0:10:07.160 guy with the white shirt has a big black thing 0:10:07.200 --> 0:10:09.600 in his hand, which is a gun. And the two 0:10:09.679 --> 0:10:11.960 guys that were on the block here in the shooting, 0:10:12.480 --> 0:10:15.560 they see these two young guys on Dean running towards them. 0:10:15.559 --> 0:10:18.600 They're back on the camera again, running back towards Weeks filth. 0:10:18.640 --> 0:10:20.400 This is how we know those are the shooters. 0:10:20.679 --> 0:10:23.720 The police made two copies of the video, one for 0:10:23.760 --> 0:10:26.000 the DA and one for the case file, and then 0:10:26.080 --> 0:10:30.079 made still images from the video of the assailants. Meanwhile, 0:10:30.200 --> 0:10:34.040 police alleged that someone named Abraham Omar told them about 0:10:34.080 --> 0:10:37.959 the connection between Nikki Arvel and the victim, but then 0:10:38.080 --> 0:10:42.000 this person seemed to just disappear and then never testified. 0:10:42.520 --> 0:10:44.000 Let's talk about Abraham Omoa. 0:10:44.240 --> 0:10:49.120 Detective Hushis claved he took somebody statement with Jula Vizi. 0:10:49.320 --> 0:10:53.800 It did clave that person provided additional information after they 0:10:53.840 --> 0:10:57.680 called back the last sixty and that person he gave 0:10:57.720 --> 0:10:59.720 a dave to as Abraham Omar. 0:11:00.120 --> 0:11:04.760 He talks about the boyfriend of Nikki that lives at eighteen. 0:11:04.480 --> 0:11:06.240 Was it eighteen ninety six? Specific? 0:11:06.360 --> 0:11:09.440 Were you using that address as where you were on 0:11:09.520 --> 0:11:11.840 probation right, yes, so then they had your name at 0:11:11.840 --> 0:11:12.520 that address too. 0:11:12.679 --> 0:11:14.640 What does Abraham Omar say? 0:11:14.760 --> 0:11:18.360 He basically said, allegedly that he was best friends with 0:11:18.440 --> 0:11:21.440 the victim, and before the victim died, the victim told 0:11:21.520 --> 0:11:25.240 him that he had a problem with a girl named Nikki's. 0:11:24.800 --> 0:11:28.160 Boyfriend, and I tried, my darnedness, and I'm pretty good 0:11:28.160 --> 0:11:29.719 to find the people by the way, you know what 0:11:29.760 --> 0:11:34.400 I mean? There was no Abraham Omar in Brooklyn at all, 0:11:34.800 --> 0:11:35.240 at all. 0:11:35.400 --> 0:11:36.680 He's a fucking fabrication. 0:11:37.000 --> 0:11:40.000 Yes, yes, because according to like you know, the court record, 0:11:40.040 --> 0:11:42.479 and and who's the one? 0:11:41.840 --> 0:11:44.720 There is no nine one call with Abraham won. 0:11:44.840 --> 0:11:46.439 Yeah, he fabricated Abraham Omar. 0:11:46.720 --> 0:11:49.880 But if Abraham Omar doesn't exist, the nine one one 0:11:49.920 --> 0:11:53.479 call didn't exist. It's possible that all of this information 0:11:53.920 --> 0:11:55.199 might have come from Nicki. 0:11:55.440 --> 0:11:57.360 The ass who's her boyfriend. 0:11:57.480 --> 0:11:59.800 She told me what day was that? 0:12:00.080 --> 0:12:04.480 Allow sixteen, the same day they allegedly spoke to this 0:12:05.000 --> 0:12:08.480 Abraham Omar. If you read Nikki's statement that was given 0:12:08.520 --> 0:12:11.160 to Hushinston and Wolski, you could see that they just 0:12:11.200 --> 0:12:14.360 took certain parts out that could incriminate me and put 0:12:14.400 --> 0:12:17.440 it in the alleged Abraham omo statement. They took everything 0:12:17.520 --> 0:12:20.079 she said about be getting out of jail, I will 0:12:20.120 --> 0:12:22.760 allegedly boost by the good, and that I wanted to 0:12:22.800 --> 0:12:25.319 kill some god the block. So they just took all 0:12:25.360 --> 0:12:26.920 that and just put it in. 0:12:27.120 --> 0:12:29.640 The person called Abraham Omar. 0:12:29.840 --> 0:12:33.560 Yeah, right on this witness statement to this person who's 0:12:33.679 --> 0:12:34.839 best friends with Santa Claus. 0:12:35.000 --> 0:12:36.080 Yes, yeah. 0:12:36.640 --> 0:12:40.439 And then Bennison identified RFL from a photo array. 0:12:40.640 --> 0:12:43.240 And a photo ray is crazy because RFL is the 0:12:43.240 --> 0:12:44.840 only one with corn roast. 0:12:44.840 --> 0:12:45.920 What does everyone else look like? 0:12:46.200 --> 0:12:46.920 Caesars. 0:12:47.640 --> 0:12:48.880 Yeah, that's in the photo array. 0:12:49.240 --> 0:12:50.640 What day was it when they picked you up? 0:12:51.240 --> 0:12:53.800 July twenty second and they came VICKI house. I was 0:12:53.840 --> 0:12:56.800 sleep in the living room. I heard beg you. I'm 0:12:56.800 --> 0:12:59.360 thinking it was because of the temporary order protection that 0:12:59.520 --> 0:13:01.680 be A Dicky had to stay away from each other 0:13:01.840 --> 0:13:04.560 because the twenty first Mian Niggie was argued. So I 0:13:04.559 --> 0:13:07.120 ain't taking no chance. I jumped out the window, got 0:13:07.160 --> 0:13:09.680 on the roof. As they chased me. A black officer 0:13:09.720 --> 0:13:11.720 came that I knew they used to live with my building, 0:13:11.880 --> 0:13:13.560 and he asked me. He's like, yo, you really don't 0:13:13.559 --> 0:13:16.000 know what's going on? I said, Dawn, I don't know nothing. 0:13:16.360 --> 0:13:18.920 They took me to the priest and I'm actually, what's 0:13:18.960 --> 0:13:20.520 this fun? They didn't tell me. They didn't tell me. 0:13:20.559 --> 0:13:22.520 They didn't tell me. They put me the line up. 0:13:22.559 --> 0:13:25.600 And then in the lineup they had you guys in hats, yeah, 0:13:25.800 --> 0:13:27.040 sitting down, of course. 0:13:26.960 --> 0:13:29.320 Sitting down, so they oh, what what? How tall is he? 0:13:29.360 --> 0:13:31.560 I don't know, but what was different about the other 0:13:31.600 --> 0:13:32.440 guys in the lineup? 0:13:32.520 --> 0:13:33.440 They was taller than me. 0:13:34.000 --> 0:13:34.240 Yeah. 0:13:34.440 --> 0:13:37.439 Then after the lineup was over, they took me another 0:13:37.559 --> 0:13:41.200 rule the Haircuffy start offered me Suldas McDonald's and all 0:13:41.240 --> 0:13:46.080 the cigarette stuff. The talk, Wolski said that Ustofo Mario 0:13:46.559 --> 0:13:49.120 was murdered and I'm the one that killed him because 0:13:49.160 --> 0:13:52.199 I found out he was banging my girl. And I'm like, yo, 0:13:52.240 --> 0:13:53.160 what did you talk about? 0:13:53.240 --> 0:13:53.440 Man? 0:13:54.000 --> 0:13:56.920 He said, well, you the word going down for this. 0:13:57.760 --> 0:13:59.839 I don't care what you say. If yn't want to 0:13:59.840 --> 0:14:01.679 tell who did it, you go it down for it. 0:14:02.160 --> 0:14:03.800 I said, I can you tell you without a will 0:14:05.400 --> 0:14:09.199 and they'll say you without a lawyer. The devil was 0:14:09.240 --> 0:14:12.560 given a lawyer. I was never read by rights. I 0:14:12.640 --> 0:14:13.520 was just arrested. 0:14:27.640 --> 0:14:30.440 You're listening to Wrongful Conviction. You can listen to this 0:14:30.560 --> 0:14:33.240 and all the Lava for Good podcasts one week early 0:14:33.320 --> 0:14:36.640 and ad free by subscribing to Lava for Good Plus 0:14:36.960 --> 0:14:42.400 on Apple Podcasts. Freedom Agenda is a proud sponsor of 0:14:42.440 --> 0:14:45.840 this episode of Wrongful Conviction. Freedom Agenda is led by 0:14:45.840 --> 0:14:49.680 people directly impacted by incarceration, and they're organizing to get 0:14:49.720 --> 0:14:52.640 Mayor Eric Adams to follow the law and shut down 0:14:52.680 --> 0:14:56.280 Rikers Island. Right now, thousands of people are awaiting trial 0:14:56.280 --> 0:15:00.320 there in life threatening conditions. Freedom Agenda is committed to 0:15:00.400 --> 0:15:03.840 creating a safer and more just city by winning investments 0:15:03.880 --> 0:15:07.240 in long neglected communities, protecting the rights of people involved 0:15:07.240 --> 0:15:10.000 in the criminal legal system, and ending the cycle of 0:15:10.080 --> 0:15:13.680 violence that Rikers perpetuates. To learn more about the Campaign 0:15:13.680 --> 0:15:16.080 to Close Rikers and to sign up for Freedom Agenda's 0:15:16.080 --> 0:15:19.840 mailing list, go to Campaign to Close Rikers dot org, slash, 0:15:19.880 --> 0:15:23.440 get involved, or follow at Freedom Agenda and Why on 0:15:23.480 --> 0:15:24.200 social media. 0:15:30.320 --> 0:15:34.360 Arvel spent nineteen months on Rikers Island pre trial. He 0:15:34.440 --> 0:15:37.200 was going to be tried by Assistant District Attorney Tim 0:15:37.240 --> 0:15:41.280 Goff in front of Judge Vincent del Judas, and he 0:15:41.360 --> 0:15:44.400 was assigned to public defender Alan Stuttman. 0:15:44.480 --> 0:15:48.000 That would receive the visit Stubb in nineteen months. The 0:15:48.080 --> 0:15:50.680 only time about say Stubb is the court. 0:15:50.560 --> 0:15:57.520 Public defenders they're typically overworked, underpaid. But that said, you're 0:15:57.560 --> 0:15:59.400 telling him exactly what to do. 0:16:00.560 --> 0:16:03.640 He was listened to me a total CD to investigator 0:16:03.680 --> 0:16:07.960 out judge fire talk is the one hyat the investigator 0:16:08.240 --> 0:16:09.280 Stubman did hie. 0:16:09.200 --> 0:16:11.560 Him right, So you went above del Judis's head. So 0:16:11.600 --> 0:16:13.000 he loved that shit too, right. 0:16:12.920 --> 0:16:16.040 Yes, Two out of three of the witnesses told the 0:16:16.080 --> 0:16:20.160 defense investigator that they knew who to pick out because 0:16:20.680 --> 0:16:24.160 Rvel looked totally different than everybody else in the lineup. 0:16:24.320 --> 0:16:25.680 Do they do that on purpose? You think? 0:16:25.880 --> 0:16:27.840 Yes, yeah, did you ask that sarcastic? 0:16:28.080 --> 0:16:28.680 Yes, of course. 0:16:29.560 --> 0:16:33.360 All right, So now, I mean, this isn't funny, you know, 0:16:33.560 --> 0:16:34.680 I mean, this is crazy. 0:16:34.960 --> 0:16:36.160 But it gets worse. 0:16:36.800 --> 0:16:40.120 You have this defense investigator, David Walker, who's from Brooklyn, 0:16:40.160 --> 0:16:42.640 new people in the neighborhood, and he had somebody in 0:16:42.680 --> 0:16:46.360 the neighborhood that gave him this information. This individual said 0:16:46.360 --> 0:16:48.760 it was a mistaken identity, like they didn't mean to 0:16:48.840 --> 0:16:53.280 kill the victim, but it was guys from Weeksville, which 0:16:53.680 --> 0:16:58.080 isn't that far from where Nikki lived, right, And the 0:16:58.200 --> 0:17:05.640 description that he gets from the format matches what happens 0:17:05.640 --> 0:17:09.240 on the video, which is it's a hit. It's not 0:17:09.320 --> 0:17:10.960 a crime of passion, right. 0:17:11.040 --> 0:17:12.000 This is doing a trial. 0:17:12.160 --> 0:17:15.000 Well, he doesn't ever testify. They found this out before trial. 0:17:15.080 --> 0:17:16.679 Trial attorney does nothing with us. 0:17:16.680 --> 0:17:20.000 By the way, I still remember that statement. It says 0:17:20.400 --> 0:17:22.760 Jamal Joles is the set up man for the shooter. 0:17:23.080 --> 0:17:25.240 He lives at one thirty seven. Mother is a cop, 0:17:25.520 --> 0:17:28.439 they said, Auvel Barshoot, which is me, is it his thirties? 0:17:28.480 --> 0:17:30.560 It it's not the shooter. They said. The shooter is 0:17:30.640 --> 0:17:33.440 sixty year old Don L. White, also lives in Weeksville. 0:17:33.720 --> 0:17:36.760 They say God named Lewis is the ubdillah for the 0:17:36.760 --> 0:17:39.600 group and he is expanded. His last name is adult. 0:17:39.640 --> 0:17:41.679 They say if Lewis house is checked, the gun for 0:17:41.800 --> 0:17:43.360 the shooter would probably be found there. 0:17:43.640 --> 0:17:45.680 Wow, very vivid description, right. 0:17:45.840 --> 0:17:49.199 And with this vivid narrative available to the defense. In 0:17:49.240 --> 0:17:52.399 December two thousand and nine, Arvell was taken to trial 0:17:52.560 --> 0:17:55.479 on the identifications that had also been exposed by the 0:17:55.520 --> 0:17:59.680 investigator is false and potentially engineered and Rvel didn't even 0:17:59.800 --> 0:18:01.680 know about the surveillance for the jet. 0:18:02.359 --> 0:18:06.600 The DA Colly walked into courtroom with the videos and 0:18:06.760 --> 0:18:09.080 still photos in her head. That's how I found out 0:18:09.320 --> 0:18:10.080 that they exist. 0:18:10.800 --> 0:18:11.480 The stills. 0:18:11.680 --> 0:18:14.040 Yeah, there's still photos in the video. When I first 0:18:14.040 --> 0:18:16.720 brought video to the judge attention, I went through my lawyer. 0:18:16.800 --> 0:18:18.920 The DA said he didn't have the video. He said 0:18:18.920 --> 0:18:21.200 he only had still photos that he provided to my 0:18:21.280 --> 0:18:24.400 lawyer months ago. My lawyers said they was of no value. 0:18:24.640 --> 0:18:27.040 The next day I brought it the police report showing 0:18:27.040 --> 0:18:29.600 that the videosis and still photos made off of it. 0:18:29.680 --> 0:18:32.000 Then the DA said, yeah, he had the video, but 0:18:32.080 --> 0:18:35.040 he can't open it. It won't work. So I said, yo, 0:18:35.440 --> 0:18:37.680 how did you get the still photos off the video 0:18:38.000 --> 0:18:41.040 if the video don't work? He said his office had 0:18:41.040 --> 0:18:42.760 nothing to do with it. He said, I was giving 0:18:42.800 --> 0:18:45.560 the tapes after they made copies of the tape they 0:18:45.600 --> 0:18:48.639 retrieved and all it depicts its two individuals just walking 0:18:48.760 --> 0:18:49.479 down the street. 0:18:50.080 --> 0:18:53.320 Allegedly, what the police tell the prosecutor is they take 0:18:53.359 --> 0:18:55.679 a clip of the video and they say the only 0:18:55.760 --> 0:18:58.960 thing that they see on the video is two guys 0:18:59.080 --> 0:19:03.600 walking on Dean Street. That's it. They don't say that 0:19:03.960 --> 0:19:06.680 these two individuals are the shooters. 0:19:07.160 --> 0:19:11.040 And let's not forget the defense investigator David Walker uncovered 0:19:11.040 --> 0:19:13.040 that one of those assailants may have been the son 0:19:13.080 --> 0:19:15.840 of a cop at the seventy seventh Precinct. So we're 0:19:15.880 --> 0:19:17.960 not sure if the DA saw this video or not. 0:19:18.280 --> 0:19:21.840 Maybe eighty A. Tim guff was presenting some kind of 0:19:22.000 --> 0:19:25.040 plausible deniability ploy about this video to the court. 0:19:25.080 --> 0:19:25.600 We don't know. 0:19:26.240 --> 0:19:29.919 Nevertheless, they logically follows that the police tech guys that 0:19:30.000 --> 0:19:34.120 produced the still were able to open the videos. I'm 0:19:34.160 --> 0:19:38.439 reading what my researcher extracted from these exchanges, and if 0:19:38.440 --> 0:19:40.520 he had a new excuse every fucking day, every time 0:19:40.600 --> 0:19:42.040 he was like, oh, I can only play it on 0:19:42.080 --> 0:19:45.880 this particular laptop that has this particular software on it. 0:19:46.040 --> 0:19:48.280 You could just install the software. That's it. 0:19:48.640 --> 0:19:49.240 That's fact. 0:19:49.240 --> 0:19:51.560 But he's making fucking excuses every single day. 0:19:51.440 --> 0:19:54.879 Aby single day. If the video showed me or he 0:19:54.880 --> 0:19:56.800 would have been happy to play it, but be it 0:19:56.800 --> 0:19:58.879 that he know was to be and know it was 0:19:58.920 --> 0:19:59.960 the Astra appropritrators. 0:20:00.240 --> 0:20:03.920 They just kept stalling. Meanwhile, they presented the eyewitnesses. 0:20:04.520 --> 0:20:06.800 Zakari is the first one to get on the witness 0:20:06.800 --> 0:20:09.800 stand and they asked him, do you see the shooter 0:20:09.880 --> 0:20:10.600 in the courtroom? 0:20:10.800 --> 0:20:15.040