WEBVTT - #510 Jason Flom with Pedro Reynoso

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<v Speaker 1>In July nineteen ninety one in North Philadelphia, two drug

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<v Speaker 1>houses on the same street were futing and two young

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<v Speaker 1>men were fatally shot. According to witnesses, the assailants were

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<v Speaker 1>known as Chuito and Papadito, but arrest warrants were issued

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<v Speaker 1>for two men who did not go by those names,

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<v Speaker 1>Falo Garcia and Pedro Renoso. Moreover, Pedro Renoso had been

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<v Speaker 1>in the Dominican Republic since ten days before the shooting,

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<v Speaker 1>yet upon his return to the US nearly three years later,

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<v Speaker 1>he was arrested, tried, and convicted with the help of

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<v Speaker 1>two witnesses who were willing to testify that Pedro was

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<v Speaker 1>Popadito and fellow Garcia was some guy named Marciano. So

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<v Speaker 1>where's Chuito not serving life in prison? This is wramful Conviction.

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<v Speaker 1>You're listening to Wrongful Conviction. You can listen to this

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<v Speaker 1>and all the Lava for Good podcasts one week early

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<v Speaker 1>and ad free by subscribing to Lava for Good Plus

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<v Speaker 1>on Apple Podcasts. Welcome back to Wrongful Conviction, where we've

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<v Speaker 1>got a Philadelphia story that literally makes me insane. This

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<v Speaker 1>story involves a man named Pedro Renoso from the Dominican Republic,

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<v Speaker 1>and it's a story that we began covering with now,

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<v Speaker 1>this back before the pandemic, and in fact, some of

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<v Speaker 1>this audio represents the last in person interviews we did

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<v Speaker 1>in March twenty twenty. So joining us now is Pedro's attorney,

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<v Speaker 1>Craig Cooley. Craig, welcome.

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<v Speaker 2>I appreciate you've talked about Paedro's case. It's truth or

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<v Speaker 2>shadury and fiction, and this is a case that exemplifies

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<v Speaker 2>that point.

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<v Speaker 1>It really does. This murder occurred in Philadelphia while Pedro

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<v Speaker 1>was undeniably in the Dominican Republic. Again, all of this

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<v Speaker 1>while police were actually aware of the real killer. But

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<v Speaker 1>somehow Pedro, still all these years later, is calling in

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<v Speaker 1>from a Pennsylvania correctional facility and at Pedro, thank you

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<v Speaker 1>for calling in.

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<v Speaker 3>Thank you, Ay, I appreciate you.

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<v Speaker 2>Man.

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<v Speaker 1>So Pedro chose to speak in Spanish for our interviews,

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<v Speaker 1>so our workaround was to have his wife Evelyn translate

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<v Speaker 1>and our producer Connor Hall recorded the translation in English. Unfortunately,

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<v Speaker 1>the live translation process shortened what was already a tight

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<v Speaker 1>time slot, so we focused on the heavier stuff with

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<v Speaker 1>Pedro and had to lean on Craig a little bit

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<v Speaker 1>to hear how Pedro's story began.

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<v Speaker 2>I was born in the Dominican Republic in the late

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<v Speaker 2>seventies early eighties. He came to the US with the

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<v Speaker 2>intent of gaining citizenship, and by nineteen ninety one he

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<v Speaker 2>had obtained a temporary visa. Based on my conversations with

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<v Speaker 2>him and other family members, he was doing odd jobs

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<v Speaker 2>and doing something at the quote unquote drug house on

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<v Speaker 2>Darien Street.

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<v Speaker 1>Pedro worked at thirty forty two North Darien Street, which

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<v Speaker 1>was owned by a heavy set Dominican guy named Desio,

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<v Speaker 1>and he ran the spot with Rafael Bidal aka Tuito,

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<v Speaker 1>and that house was involved in an ongoing dispute with

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<v Speaker 1>the drug house across the street at thirty forty five

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<v Speaker 1>North Darien, which was operated by a Puerto Rican family, Juanino,

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<v Speaker 1>his wife Marisol Torres Cologne, whose brother, by the way,

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<v Speaker 1>was one of the victims, Carlos Torres, followed by seventeen

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<v Speaker 1>year old Charles Rivera.

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<v Speaker 3>I knew Carlos Torres for about a week, but I

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<v Speaker 3>have no idea who the other person was.

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<v Speaker 1>I never knew the other person, but before this dispute

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<v Speaker 1>came to that terrible end. Pedro's family back in the

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<v Speaker 1>Dominican Republic requested that he and his newborn son, Juan Alexander,

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<v Speaker 1>returned to the dr and they arrived on July thirteenth,

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<v Speaker 1>nineteen ninety one, ten full days before the crime.

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<v Speaker 3>I went to visit my mother, who was sick, very sick,

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<v Speaker 3>and I stayed there until she died in nineteen ninety three.

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<v Speaker 1>In nineteen ninety.

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<v Speaker 3>Four, I had tried to come back, and that's when

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<v Speaker 3>I ran into this.

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<v Speaker 1>So this being the aftermath of the inter drug House dispute,

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<v Speaker 1>and there's evidence in the homicide files or h files

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<v Speaker 1>that Craig Coolly obtained since twenty nineteen that the police

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<v Speaker 1>were well aware of this dispute, particularly from an interview

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<v Speaker 1>with a man named Marcus James.

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<v Speaker 2>James explained how he had gone to the Dominican drug

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<v Speaker 2>House on July twentieth, nineteen ninety one, to purchase cocaine.

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<v Speaker 2>While at the drug house, James encountered this heavyset Dominican

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<v Speaker 2>who quote ran the drug operation end quote. James didn't

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<v Speaker 2>know this Dominican's name, but said, quote you can't miss

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<v Speaker 2>him end quote, because this Dominican weigh between two hundred

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<v Speaker 2>and fifty and three hundred pounds. James Moever said, this

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<v Speaker 2>Dominican asked him, James, if he'd seen Charles Rivier I e.

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<v Speaker 2>The Puerto Rican because Rivier owed him ten thousand dollars.

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<v Speaker 2>This witness is telling the cops like, this is what happened.

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<v Speaker 2>There was a hit placed on Riviera because he supposedly

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<v Speaker 2>ripped off ten grand and cast and drugs. JES file

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<v Speaker 2>and the DA file both contained evidence that Carlos Torres

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<v Speaker 2>and his brother in law Juan Andino, had also stolen

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<v Speaker 2>drugs from the Dominican right on and married to Marisol.

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<v Speaker 2>Both files also contained evidence that Charles Rivere, Carlos Torres,

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<v Speaker 2>andjan Andeno had an ongoing dispute with the Dominicans and

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<v Speaker 2>that they shot at the Dominicans, particularly Tweto, in the

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<v Speaker 2>days leading up to this shooting. So there's this back

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<v Speaker 2>and forth.

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<v Speaker 1>In fact, both Juan Andino and Marisol Torres Cologne told

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<v Speaker 1>the police about run ins that they'd had with Twito

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<v Speaker 1>earlier on the day of the shooting, and Dino said

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<v Speaker 1>he was hiding in an abandoned house for the cops

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<v Speaker 1>and Chuito forced him to turn himself in with a

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<v Speaker 1>three fifty seven magnum and then Chuito came to thirty

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<v Speaker 1>forty five North area looking for Carlos Torres and his

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<v Speaker 1>sister Marisol. Didn't get a chance to warn him before

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<v Speaker 1>he and Charles Rivera were killed just around the corner

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<v Speaker 1>at around one fifteen pm on July twenty third of

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<v Speaker 1>nineteen ninety one. And we're going to give you the

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<v Speaker 1>details of the shooting from the point of view of

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<v Speaker 1>both the state's star trial witnesses, all right, Sarah Robinson

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<v Speaker 1>and Sam Wilkerson, as testified to either in post conviction

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<v Speaker 1>hearings or in front of the Philadelphia Conviction Integrity Units.

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<v Speaker 1>So let's start with Wilkerson, who saw this from the

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<v Speaker 1>angle of the victims.

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<v Speaker 2>Wilkerson said Carlos Torres stopped his Toyota on the corner

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<v Speaker 2>where Wilkerson and others were standing. Charles Riviera was in

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<v Speaker 2>the front passenger seat. Tours complained about the Dominicans, particularly Tweeto,

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<v Speaker 2>because Tweto had routed out Torres's brother in law Juan

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<v Speaker 2>and Dino earlier that morning, which allowed the police department

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<v Speaker 2>to confiscate many of Jan's guns.

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<v Speaker 1>Now, Robinson and who was across from Wilkerson, Torres, and Rivera,

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<v Speaker 1>saw Tweto come onto the scene.

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<v Speaker 2>Robinson said. At the time of double murder, Robinson was

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<v Speaker 2>selling fake bags of marijuana on the corner of Ninth

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<v Speaker 2>Street and Clearfield Street. While in the corner, a car

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<v Speaker 2>pulled up alongside her with two brown skinned men in

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<v Speaker 2>the front seat. She approached the car and offered to

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<v Speaker 2>sell them fake marijuana, but when she saw Tweedo driving,

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<v Speaker 2>she backed up and said, quote, oh it's you, end

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<v Speaker 2>quote and didn't try selling Tweeto anything. She recognized the

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<v Speaker 2>other car occupant as one of the Dominican drug dealers

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<v Speaker 2>from the Darren Street house, but didn't know his name.

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<v Speaker 2>She was certain though it wasn't Pedro Renoso.

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<v Speaker 1>The witnesses described the assailants as clean shaven, while Pedro

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<v Speaker 1>had a thick mustache at the time.

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<v Speaker 2>Robinson then saw Tweedo's car pulled up alongside Carlos Torres' car,

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<v Speaker 2>which wasn't far from where she was standing. She saw

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<v Speaker 2>Tweedo open fire into Carlos Torres' car, killing Charles Rivieria,

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<v Speaker 2>who was the front passenger seat an Torros, Sam Wilkerson

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<v Speaker 2>and Sarah robinsonknewhim Tweeto. I don't know if they knew

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<v Speaker 2>his real his actual name, but you know, the Dominicans

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<v Speaker 2>who lived in that area from our investigation knew his

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<v Speaker 2>first name, Rafael Vido. Everybody refers to him as Tweeto, though.

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<v Speaker 1>And Marisol Cologne was still hoping at this point to

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<v Speaker 1>warn her brother about Tweto. When her children came running

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<v Speaker 1>down the street screaming that something had happened to their uncle.

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<v Speaker 1>She ran to Clearfield the ninth, saw that Rivera was

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<v Speaker 1>already dead, and tried to push her brother back into

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<v Speaker 1>the car to drive him to the hospital. Instead, the

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<v Speaker 1>police took both men to Temple University Hospital, where they

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<v Speaker 1>were pronounced dead. And according to a twenty eleven Alfi

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<v Speaker 1>David and a twenty eighteenth Philadelphia Inquirer interview, when Marisol

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<v Speaker 1>returned from the hospital to thirty forty five North Areyan,

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<v Speaker 1>Tweito was there waiting for her.

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<v Speaker 2>At some point she had this confrontation with Tweeto, and

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<v Speaker 2>it was at this point when Tweto confessed, I think

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<v Speaker 2>it's the best word to use to being the guy

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<v Speaker 2>committed to the double murdered. And she's adamant that she

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<v Speaker 2>told the detectives like, it's Tweeto and he told me

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<v Speaker 2>and now on certain terms, that I did you a

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<v Speaker 2>favor by killing your brother, and.

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<v Speaker 1>Marisau replied, quote, you better kill me too, because I'm

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<v Speaker 1>going to make sure that you're locked up end quote

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<v Speaker 1>to which he replied whatever as he left. So it

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<v Speaker 1>appears that Yuito knew somehow that he'd get away with this.

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<v Speaker 1>Perhaps he had a special relationship with the police. I mean,

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<v Speaker 1>after all, he was named in the initial homicide summary

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<v Speaker 1>along with a man named Papadito. But as the police

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<v Speaker 1>began compiling a list of names associated with the Dominican

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<v Speaker 1>drug house, which included Pedro and his co defended fellow Garcia,

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<v Speaker 1>they obtained arrest warrants, none of which were for Rafael Vidal,

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<v Speaker 1>as documented in this homicide summary that was buried until

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<v Speaker 1>twenty nineteen.

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<v Speaker 2>So there's a paragraph that basically says on July twenty third,

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<v Speaker 2>nine ninety one, they describe what hap and the next

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<v Speaker 2>sentence it says, quote as a result of investigation two

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<v Speaker 2>males who identified as Tweeto and Popadito, where a person's

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<v Speaker 2>responsible for the murders of the two males, and it says,

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<v Speaker 2>warrants of arrests were issued and Falo Garcia was arrested

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<v Speaker 2>on July twenty seventh, ninety one. Okay, now, the third

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<v Speaker 2>sentence says, a male identified as Popadito is presently listed

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<v Speaker 2>as a fusitives but Falo everybody knew Falo Garcia wasn't

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<v Speaker 2>tweet him. And more importantly, if you want to divert

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<v Speaker 2>attention away from tweet him, and you're going through that

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<v Speaker 2>list and you're like, okay, where's Pedro and somebody says, oh,

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<v Speaker 2>he left the country, I mean there it is.

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<v Speaker 1>This episode of Wrongful Conviction is proudly sponsored by Erase PTSD.

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0:11:27.320 --> 0:11:31.920
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<v Speaker 1>ways to get involved. Pedro Renoso left the US on

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<v Speaker 1>July thirteenth, nineteen ninety one, ten days before the crime,

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<v Speaker 1>and Pedro believes that Tuito may have even stoked interest

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<v Speaker 1>in him.

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<v Speaker 3>It could have been that Tchuito I knew him. We

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<v Speaker 3>didn't have a good relationship at the time, since I

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<v Speaker 3>was in Santa Domingo. They did it as a cover

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<v Speaker 3>up and distorted the end investigation of the case. That's

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<v Speaker 3>what I think.

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<v Speaker 1>Initially, the name Tuto was assigned to fellow Garcia, and

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<v Speaker 1>Pedro was identified as Papadito by Sarah Robinson, who explained

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<v Speaker 1>herself in twenty twenty one to the Philadelphia CiU.

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<v Speaker 2>Roberson said she had a pre existing relationship with these detectives.

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<v Speaker 2>They often provided her with money and other rewards, such

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<v Speaker 2>as drugs confiscated from others. They dropped these items from

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<v Speaker 2>their car and leave them for her to pick up.

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<v Speaker 2>In return for these rewards, Robinson signed whatever statements they

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<v Speaker 2>asked her to sign in different cases. She said this

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<v Speaker 2>is what she did in Pedro's case. At the time

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<v Speaker 2>back in nineteen ninety one, she felt no remorse for

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<v Speaker 2>false identifying Pedro because she didn't like him very much

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<v Speaker 2>and she was more concerned with her own well being.

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<v Speaker 2>Robertson said to these detectives she didn't know their real names.

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<v Speaker 2>She recognized them as either Tom and Jerry or Sarge.

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<v Speaker 1>Sarge. Our listeners may recall from our coverage of Manford

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<v Speaker 1>Younger's case that Sarge is actually Detective Martin Devlin's nickname

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<v Speaker 1>and his partner, Chuck Bentham, had retired from Philly to

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<v Speaker 1>work for Camden County by the time of Manford Younger's

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<v Speaker 1>two thousand and seven case, But back in nineteen ninety one,

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<v Speaker 1>Chuck Bentham was the guy signing most of the Philadelphia

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<v Speaker 1>police reports in Pedro's case, so their presence might explain

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<v Speaker 1>how the initial homicide summary naming Tuito was buried while

0:13:22.160 --> 0:13:27.439
<v Speaker 1>the suspects nicknames morphed. Initially, Falo was Tuito and Papadito

0:13:27.559 --> 0:13:30.480
<v Speaker 1>was a fugitive, but that's not what it says on

0:13:30.640 --> 0:13:31.800
<v Speaker 1>Palo's arrest report.

0:13:32.440 --> 0:13:37.839
<v Speaker 2>If you go through yhfoul, they identify Falo as Papadido

0:13:38.000 --> 0:13:41.439
<v Speaker 2>on his arrest report, and then there's a second document

0:13:41.480 --> 0:13:45.120
<v Speaker 2>in the hvoule. It's the municipal court hearing list. Again

0:13:45.240 --> 0:13:48.360
<v Speaker 2>it lists his name and there's an alias section it

0:13:48.400 --> 0:13:52.400
<v Speaker 2>says Papadido. And again those documents, from our understanding, were

0:13:52.440 --> 0:13:57.120
<v Speaker 2>not provided to Trow Council. And then Falo Garcia's attorney,

0:13:57.440 --> 0:14:04.000
<v Speaker 2>Trow Council brought a photograph of Pedro to the police department.

0:14:04.200 --> 0:14:08.520
<v Speaker 2>And then once they had this photograph like this is Papadido.

0:14:08.200 --> 0:14:12.160
<v Speaker 1>Which perhaps they were trying to clear flow from this case,

0:14:12.240 --> 0:14:17.360
<v Speaker 1>but instead Chuwito was dropped from suspicion altogether. Pedro was

0:14:17.400 --> 0:14:20.880
<v Speaker 1>once again assigned the role of the fugitive Papadito, and

0:14:20.920 --> 0:14:26.480
<v Speaker 1>fellow Garcia was dubbed the previously unmentioned Marciano, and Bentham

0:14:26.560 --> 0:14:31.800
<v Speaker 1>and Devlin had their regular informant, Sarah Robinson, support this

0:14:31.920 --> 0:14:32.920
<v Speaker 1>twisted narrative.

0:14:33.320 --> 0:14:38.840
<v Speaker 2>Sarah Robinson. She says that she saw AKA Pedro at

0:14:38.840 --> 0:14:41.680
<v Speaker 2>the drug house on the morning of July twenty sixth,

0:14:41.760 --> 0:14:44.480
<v Speaker 2>nineteen ninety one, and she says that once they're at

0:14:44.480 --> 0:14:46.520
<v Speaker 2>the drug house, they stay there all day, right, so

0:14:46.680 --> 0:14:49.480
<v Speaker 2>like around nine o'clock. So if you take her word

0:14:49.520 --> 0:14:52.600
<v Speaker 2>of what she's saying in her statement. Pedro was in

0:14:52.680 --> 0:14:56.040
<v Speaker 2>Philly on July twenty sixth, nineteen ninety one, all day,

0:14:56.240 --> 0:14:58.480
<v Speaker 2>and that's significant because what happens the next.

0:14:58.320 --> 0:15:02.080
<v Speaker 1>Day, on September twenty seven. Pedro's son was baptized in

0:15:02.160 --> 0:15:06.680
<v Speaker 1>the Dominican Republic, which posed a great deal of issues

0:15:06.720 --> 0:15:10.760
<v Speaker 1>for that narrative, like alibi witnesses including a priest, as

0:15:10.800 --> 0:15:14.240
<v Speaker 1>well as photographs of the event. Now, Pedro also had

0:15:14.280 --> 0:15:18.320
<v Speaker 1>purchased property in the Dominican Republic around the twentieth leaving

0:15:18.440 --> 0:15:21.640
<v Speaker 1>a very narrow window in which he could have possibly

0:15:21.920 --> 0:15:28.640
<v Speaker 1>snuck back into the US and snuck back out completely undetected. Nevertheless,

0:15:28.720 --> 0:15:31.680
<v Speaker 1>the state was locked in with Sarah Robinson's statement, which

0:15:31.680 --> 0:15:35.320
<v Speaker 1>we'd later found out really bothered Sam Wilkerson.

0:15:36.080 --> 0:15:38.520
<v Speaker 2>Wilkerson explained how two detectives had detained him and took

0:15:38.600 --> 0:15:41.880
<v Speaker 2>him to homicide on July thirtieth because he confronted Sarah

0:15:41.960 --> 0:15:45.480
<v Speaker 2>Robinson on the street as he spoke with two detectives

0:15:45.720 --> 0:15:49.000
<v Speaker 2>about the fact she'd falsely identified Papaddo as the gunman

0:15:49.400 --> 0:15:51.880
<v Speaker 2>once a homicide. The detectives not only threatened to charge

0:15:51.920 --> 0:15:55.040
<v Speaker 2>him with obstructing justice, but they also handcuffed him to

0:15:55.040 --> 0:15:57.760
<v Speaker 2>a chair, beat him through eminem's at him and didn't

0:15:57.760 --> 0:16:00.520
<v Speaker 2>give him water. Now the eminem in fact, he threw

0:16:00.560 --> 0:16:02.120
<v Speaker 2>in the M and m's like, that's a fact that

0:16:02.560 --> 0:16:05.080
<v Speaker 2>this actually happened, because I would Why would I make

0:16:05.080 --> 0:16:07.760
<v Speaker 2>that up. When Wilkerson woke up the next morning, July

0:16:07.880 --> 0:16:10.200
<v Speaker 2>thirty first, he was still handcuffed to the chair. Read

0:16:10.200 --> 0:16:12.560
<v Speaker 2>the ham written statement. It contained the narrative that ultimately

0:16:12.560 --> 0:16:16.080
<v Speaker 2>appeared in the July thirty first, nineteen ninety one homicide statement.

0:16:16.400 --> 0:16:19.440
<v Speaker 1>So now Robinson and Wilkerson were singing the same tune,

0:16:19.520 --> 0:16:21.600
<v Speaker 1>and fellow Garcia was taken to trial.

0:16:22.440 --> 0:16:25.960
<v Speaker 3>He had a different trial in nineteen ninety two. He's convicted.

0:16:26.000 --> 0:16:26.960
<v Speaker 3>Falo was convicted.

0:16:27.160 --> 0:16:29.320
<v Speaker 1>Oh, he was convicted too, So he's another innocent man

0:16:29.360 --> 0:16:33.920
<v Speaker 1>in prisonment. Correct. Meanwhile, Pedro was unaware of how perilous

0:16:33.920 --> 0:16:36.560
<v Speaker 1>his eventual return to the US might be, as he

0:16:36.600 --> 0:16:39.000
<v Speaker 1>took care of his ailing mother and met a new

0:16:39.000 --> 0:16:39.680
<v Speaker 1>woman in.

0:16:39.680 --> 0:16:42.560
<v Speaker 3>The DR while I was in Santo Domingo. She ended

0:16:42.640 --> 0:16:44.280
<v Speaker 3>up pregnant and I had a daughter with her in

0:16:44.320 --> 0:16:47.360
<v Speaker 3>Santo Domingo for me, And there's a big deal to

0:16:47.440 --> 0:16:50.479
<v Speaker 3>leave my small son and daughter over there without knowing.

0:16:50.520 --> 0:16:53.400
<v Speaker 1>What was waiting for me here. So after his mother

0:16:53.480 --> 0:16:55.800
<v Speaker 1>passed in late nineteen ninety three, he tied up some

0:16:55.840 --> 0:16:58.840
<v Speaker 1>loose ends and planned a return flight to the US.

0:16:59.200 --> 0:17:01.720
<v Speaker 1>But staying outside of the US from nineteen ninety one

0:17:01.720 --> 0:17:04.879
<v Speaker 1>to ninety four violated the terms of his temporary visa

0:17:04.960 --> 0:17:07.040
<v Speaker 1>because he was only supposed to have left for two

0:17:07.119 --> 0:17:09.639
<v Speaker 1>or three weeks at the time, not two or three years.

0:17:09.800 --> 0:17:12.360
<v Speaker 2>So March ninety four he goes to the airport and

0:17:12.400 --> 0:17:15.600
<v Speaker 2>he has an initial ticket, but the American Airlines folks

0:17:15.640 --> 0:17:18.679
<v Speaker 2>are like, no, you don't have the appropriate documents, like

0:17:18.680 --> 0:17:20.919
<v Speaker 2>you've been here for three years, so they wouldn't let

0:17:21.000 --> 0:17:24.560
<v Speaker 2>him board. So, according to Pedro, there were people in

0:17:24.600 --> 0:17:28.640
<v Speaker 2>the DR who knew the immigration policy of the US,

0:17:28.680 --> 0:17:31.600
<v Speaker 2>and they knew there were many Dominicans who had this

0:17:32.040 --> 0:17:35.719
<v Speaker 2>temporary visa. So there are people at the airport in

0:17:35.760 --> 0:17:40.160
<v Speaker 2>the DR that would make money by fabricating passport stamps,

0:17:40.240 --> 0:17:43.359
<v Speaker 2>and so Pedro, according to what he's told us, is

0:17:43.440 --> 0:17:47.080
<v Speaker 2>he met this person at the airport and Pedro tells

0:17:47.119 --> 0:17:49.720
<v Speaker 2>him like, yes, you know, I've been here since July thirteenth,

0:17:49.800 --> 0:17:53.040
<v Speaker 2>nineteen ninety one. Now it's March twenty third or twenty fourth,

0:17:53.080 --> 0:17:56.880
<v Speaker 2>nineteen ninety four. And the fabricator, I call him the fabricator,

0:17:57.640 --> 0:18:01.119
<v Speaker 2>my pleadings. The fabricator knows the Paula goes back to

0:18:01.240 --> 0:18:05.280
<v Speaker 2>the July thirteenth, nineteen ninety one date, says, you have

0:18:05.320 --> 0:18:07.520
<v Speaker 2>to have an exit date two or three weeks after

0:18:07.600 --> 0:18:10.080
<v Speaker 2>that you have to be leaving the DR and back

0:18:10.160 --> 0:18:13.720
<v Speaker 2>into the US. So they pick, of all dates, July

0:18:13.800 --> 0:18:15.359
<v Speaker 2>twenty seventh, nineteen ninety one.

0:18:15.520 --> 0:18:19.600
<v Speaker 1>Again, that's the exact date of his son's baptism, which

0:18:19.720 --> 0:18:23.560
<v Speaker 1>was critical to his alibi, not exactly a day that

0:18:23.680 --> 0:18:26.240
<v Speaker 1>you'd expect him to be traveling internationally.

0:18:26.760 --> 0:18:31.560
<v Speaker 2>The fabricator fabricates an exit stamp dated July twenty seventh,

0:18:31.640 --> 0:18:35.400
<v Speaker 2>nineteen ninety one. So the fabricator says, it's March twenty third,

0:18:35.440 --> 0:18:39.160
<v Speaker 2>twenty fourth, nineteen ninety four. Let's make a fabricated entry

0:18:39.200 --> 0:18:41.879
<v Speaker 2>stamp into the DR for March tenth, because today's the

0:18:41.880 --> 0:18:44.520
<v Speaker 2>twenty third, twenty fourth, it's only two weeks you're going

0:18:44.560 --> 0:18:46.600
<v Speaker 2>back to the US. It looks like you were owning

0:18:46.680 --> 0:18:51.120
<v Speaker 2>in the DR for two weeks. So those fabricated stamps

0:18:51.440 --> 0:18:53.640
<v Speaker 2>had a purpose, and the purpose was not to get

0:18:53.640 --> 0:18:58.520
<v Speaker 2>away with murder, but to convince the US immigration folks

0:18:58.880 --> 0:19:01.880
<v Speaker 2>that he was in fact in the US from July

0:19:02.000 --> 0:19:04.840
<v Speaker 2>twenty seventh, nineteen ninety one until like March tenth of

0:19:04.920 --> 0:19:08.320
<v Speaker 2>nineteen ninety four, so he a can get back into

0:19:08.359 --> 0:19:12.879
<v Speaker 2>the States and b maintained this status he has in

0:19:12.920 --> 0:19:13.720
<v Speaker 2>the US.

0:19:14.119 --> 0:19:17.280
<v Speaker 1>When he arrived at Newark Airport, he was immediately arrested

0:19:17.359 --> 0:19:18.760
<v Speaker 1>and he had to hire an attorney.

0:19:19.320 --> 0:19:21.200
<v Speaker 3>We got a lawyer, and he left me at the

0:19:21.240 --> 0:19:24.119
<v Speaker 3>county jail for nearly two and a half years, telling

0:19:24.160 --> 0:19:26.720
<v Speaker 3>me that the case would never go to trial, but

0:19:27.080 --> 0:19:29.120
<v Speaker 3>that he would pick up the case because he could

0:19:29.119 --> 0:19:32.320
<v Speaker 3>get enough evidence before the trial to say this never happened.

0:19:33.000 --> 0:19:36.080
<v Speaker 1>Pedro's attorney may have been confident in light of the

0:19:36.119 --> 0:19:40.440
<v Speaker 1>passport stamps. Despite the two fabrications of which the attorney

0:19:40.480 --> 0:19:45.680
<v Speaker 1>was unaware, the stamps still exonerated Pedro. Plus the September

0:19:45.720 --> 0:19:48.800
<v Speaker 1>twenty seventh exit stamp from the Dominican Republic was really

0:19:48.840 --> 0:19:52.600
<v Speaker 1>problematic for Sarah Robinson's statement that she'd allegedly seen Pedro

0:19:53.119 --> 0:19:57.080
<v Speaker 1>in Philadelphia on July twenty sixth, nineteen ninety one. So

0:19:57.520 --> 0:20:02.000
<v Speaker 1>the District Attorney's office had to get really creative about

0:20:02.080 --> 0:20:07.600
<v Speaker 1>Pedro's possible James bond Esk travel itinerary to skirt Us customs.

0:20:07.920 --> 0:20:11.159
<v Speaker 2>Based on the Diaos quote, Pedro took a ferry boat narrative.

0:20:11.480 --> 0:20:14.320
<v Speaker 2>After Pedro left the Darren Street drug house at nine

0:20:14.440 --> 0:20:17.000
<v Speaker 2>thirty pm on July twenty sixth, nineteen one, he did

0:20:17.000 --> 0:20:22.160
<v Speaker 2>the following. One traveled to either Philadelphia's airport or Newark's airport.

0:20:22.480 --> 0:20:26.040
<v Speaker 2>Two took a flight to presumably San Juan, Puerto Rico.

0:20:26.440 --> 0:20:26.880
<v Speaker 1>Three.

0:20:27.119 --> 0:20:29.879
<v Speaker 2>Once in San Juan, Pedro left the airport and traveled

0:20:29.920 --> 0:20:33.440
<v Speaker 2>to a boat. Four Pedro then took said boat from

0:20:33.480 --> 0:20:38.040
<v Speaker 2>San Juan to somewhere along the DR's eastern coast, maybe Samana.

0:20:38.160 --> 0:20:40.920
<v Speaker 2>And five. Once in Samanna, Pedro drove to Pimento, the

0:20:41.040 --> 0:20:43.600
<v Speaker 2>town and the DR where his family lives, where he

0:20:43.720 --> 0:20:46.760
<v Speaker 2>arrived in time for his son's late morning early afternoon

0:20:46.800 --> 0:20:50.480
<v Speaker 2>baptism on July twenty seventh, nineteen ninety one. And I

0:20:50.520 --> 0:20:55.600
<v Speaker 2>believe the travel time between Samanna and Pimento is two hours.

0:20:55.320 --> 0:21:01.880
<v Speaker 1>So I suppose it's not impossible but certainly unlikely. I mean,

0:21:02.040 --> 0:21:05.720
<v Speaker 1>he'd need bake and believable ID to get on the

0:21:05.720 --> 0:21:11.560
<v Speaker 1>flight to San Juan. Then flawlessly make every connection, and

0:21:11.840 --> 0:21:15.440
<v Speaker 1>he also had to have made the trip both ways undetected.

0:21:16.000 --> 0:21:19.720
<v Speaker 1>So it appears his attorney thought the passport was enough

0:21:19.720 --> 0:21:23.919
<v Speaker 1>to overcome this ridiculous theory since he didn't bother the

0:21:23.960 --> 0:21:26.800
<v Speaker 1>subpoena any of the many alibi witnesses.

0:21:27.920 --> 0:21:30.159
<v Speaker 3>We told them everything. We told them about all the

0:21:30.160 --> 0:21:34.159
<v Speaker 3>witnesses in Santo Domingo. He never subpoened anyone because he

0:21:34.200 --> 0:21:37.240
<v Speaker 3>said it wasn't necessary, because he said the case would

0:21:37.280 --> 0:21:40.720
<v Speaker 3>be closed before getting to trial. But he never called

0:21:40.720 --> 0:21:44.320
<v Speaker 3>any of the witnesses, never subpoened. They came because they

0:21:44.320 --> 0:21:45.359
<v Speaker 3>were part of the family.

0:21:46.200 --> 0:21:49.320
<v Speaker 1>Nevertheless, his family showed up to the July nineteen ninety

0:21:49.359 --> 0:21:52.840
<v Speaker 1>six trial to testify with photographs from the baptism and

0:21:52.880 --> 0:21:53.359
<v Speaker 1>a priest.

0:21:53.960 --> 0:21:57.359
<v Speaker 3>Since my family brought them, the DA asked who subpoenaed you,

0:21:57.800 --> 0:22:00.879
<v Speaker 3>and since they came to favor me, used that against

0:22:00.880 --> 0:22:03.560
<v Speaker 3>me because no one subpoenaed them to court.

0:22:03.880 --> 0:22:05.879
<v Speaker 1>Plus the exit stamp on the same date of the

0:22:05.920 --> 0:22:09.360
<v Speaker 1>baptism didn't do Pedro any favors. Not that Sarah Robinson

0:22:09.359 --> 0:22:11.560
<v Speaker 1>and Sam Wilkerson were that convincing either.

0:22:12.440 --> 0:22:16.680
<v Speaker 3>Sarah Robinson accused me and she had already accused someone else,

0:22:17.200 --> 0:22:21.280
<v Speaker 3>and Samuel Wilkinson, the second witness, couldn't identify me in court.

0:22:21.600 --> 0:22:23.639
<v Speaker 3>The judge had to send him inside, and when he

0:22:23.680 --> 0:22:27.560
<v Speaker 3>came back he accused me, but only after the prosecutor

0:22:27.600 --> 0:22:28.320
<v Speaker 3>pointed at me.

0:22:28.680 --> 0:22:32.440
<v Speaker 1>So Wilkerson needed guidance, while Sarah Robinson had the baggage

0:22:32.440 --> 0:22:36.399
<v Speaker 1>of placing Pedro in Philadelphia on September twenty sixth, which

0:22:36.440 --> 0:22:39.000
<v Speaker 1>then in turn made the state have to sell this

0:22:39.200 --> 0:22:42.919
<v Speaker 1>undetected mission impossible journey from the Dominican Republic to Philly

0:22:43.119 --> 0:22:48.359
<v Speaker 1>and back, all set against Pedro's passport, which placed him

0:22:48.400 --> 0:22:50.040
<v Speaker 1>in the dr during the crime.

0:22:50.200 --> 0:22:53.640
<v Speaker 2>So Pedro used the passport as a defense. But then

0:22:54.080 --> 0:22:57.880
<v Speaker 2>the DA's office had somebody from the ISS, a document

0:22:57.880 --> 0:23:03.320
<v Speaker 2>examiner review the stamps, and she was adamant that, in

0:23:03.359 --> 0:23:06.600
<v Speaker 2>her opinion, the July twenty seventh stamp was fabricated, and

0:23:06.680 --> 0:23:10.879
<v Speaker 2>I think she also believed that the entry stamp on

0:23:11.000 --> 0:23:15.879
<v Speaker 2>March tenth, ninety four was fabricated, having that testimony suggesting

0:23:15.920 --> 0:23:19.040
<v Speaker 2>that why would you fabricate them? This is where Pedro

0:23:19.119 --> 0:23:22.560
<v Speaker 2>douggs hole though, had he been up front with Luis Avino,

0:23:22.840 --> 0:23:25.399
<v Speaker 2>his child attorney, and said look, dude, this is what happened.

0:23:25.480 --> 0:23:27.359
<v Speaker 2>I was in the DR the whole time. Lose a

0:23:27.400 --> 0:23:30.960
<v Speaker 2>good trial attorney when there's a fact that could be

0:23:31.160 --> 0:23:33.840
<v Speaker 2>viewed through two different lenses. One isn't a bad light,

0:23:33.920 --> 0:23:35.959
<v Speaker 2>one isn't a good light. If you're a defense attorney,

0:23:36.040 --> 0:23:39.359
<v Speaker 2>you take control of that right and your opening statement, Like,

0:23:39.400 --> 0:23:42.719
<v Speaker 2>my client fabricated his passport stance, but he did not

0:23:42.800 --> 0:23:45.200
<v Speaker 2>murder these people. That's your first statement in opening statement,

0:23:45.240 --> 0:23:49.920
<v Speaker 2>minimizing any aggravating theme the government can give to those

0:23:49.920 --> 0:23:54.080
<v Speaker 2>fabricated stamps. You've bursted it yourself by saying, yeah, he

0:23:54.520 --> 0:23:56.320
<v Speaker 2>was in the DR the whole time, Like why would

0:23:56.359 --> 0:23:58.639
<v Speaker 2>my client, how could he leave? He was at his

0:23:58.680 --> 0:24:01.200
<v Speaker 2>son's baptism on July twenty, twenty seventh, nineteen ninety one.

0:24:01.280 --> 0:24:03.960
<v Speaker 2>That is fabricated. We are admitting that. But here's why

0:24:04.119 --> 0:24:07.760
<v Speaker 2>he fabricated them, because that fabrication was created three years

0:24:07.840 --> 0:24:10.480
<v Speaker 2>later when he was trying to return to the United States,

0:24:10.520 --> 0:24:12.920
<v Speaker 2>because he was in the DR from July thirteenth, ninety

0:24:12.920 --> 0:24:14.640
<v Speaker 2>one to March twenty fourth to ninety four.

0:24:14.920 --> 0:24:19.000
<v Speaker 1>But instead he gambled that the fabricated stamps would go unnoticed.

0:24:19.359 --> 0:24:24.240
<v Speaker 1>He lost that gamble, turning exonerating evidence into a liability,

0:24:24.800 --> 0:24:29.320
<v Speaker 1>leaving the jury asking why are you fabricating passport stamps?

0:24:29.840 --> 0:24:33.920
<v Speaker 3>From what I remember, deliberation lasted three or four days.

0:24:35.280 --> 0:24:39.920
<v Speaker 3>When I was found guilty. At that time my eyes blocked.

0:24:41.400 --> 0:24:46.040
<v Speaker 3>I suddenly couldn't see it. I went blind. I went blind.

0:24:47.040 --> 0:24:47.840
<v Speaker 3>I got very.

0:24:50.280 --> 0:24:50.560
<v Speaker 1>For me.

0:24:50.960 --> 0:25:06.480
<v Speaker 4>That moment was the worst of my life.

0:25:10.119 --> 0:25:12.680
<v Speaker 1>Once convicted of a capital crime and a death penalty,

0:25:12.720 --> 0:25:16.000
<v Speaker 1>State Pedro was faced with a dire sentencing phase.

0:25:17.359 --> 0:25:21.159
<v Speaker 3>I had to defend myself. I took the stand and

0:25:21.240 --> 0:25:24.040
<v Speaker 3>told the lawyer that I wanted to defend my life.

0:25:24.720 --> 0:25:27.399
<v Speaker 3>The lawyer told me not to, but I wanted to

0:25:27.440 --> 0:25:30.280
<v Speaker 3>defend my life. I told him I respect his decisions,

0:25:30.320 --> 0:25:33.200
<v Speaker 3>but I want to defend my life for my kids

0:25:33.240 --> 0:25:33.840
<v Speaker 3>and my family.

0:25:35.200 --> 0:25:38.159
<v Speaker 1>And ultimately they ruled life in prison was at the

0:25:38.160 --> 0:25:38.960
<v Speaker 1>final decision.

0:25:40.160 --> 0:25:43.040
<v Speaker 3>My innocence has kept me a bit calm, But there

0:25:43.040 --> 0:25:45.520
<v Speaker 3>are days and nights in which I don't even know

0:25:45.520 --> 0:25:50.560
<v Speaker 3>where I am. But my innocence is what keeps me calm.

0:25:51.240 --> 0:25:54.640
<v Speaker 3>I've always been a very friendly and compassionate person. When

0:25:54.640 --> 0:25:56.760
<v Speaker 3>I was out in the streets, I like to share

0:25:56.760 --> 0:26:00.600
<v Speaker 3>with people. I like to get to know others. That's

0:26:00.640 --> 0:26:03.280
<v Speaker 3>what keeps me safe in here. I don't get into

0:26:03.320 --> 0:26:06.840
<v Speaker 3>trouble with others, not nosy about what people do, and

0:26:07.200 --> 0:26:10.320
<v Speaker 3>never do anything bad. I've always been like that since

0:26:10.359 --> 0:26:11.240
<v Speaker 3>I was out in the streets.

0:26:12.400 --> 0:26:15.000
<v Speaker 1>And we hope that spirit has continued to serve him

0:26:15.040 --> 0:26:19.760
<v Speaker 1>as this injustice continues to flinger and really shame all

0:26:19.800 --> 0:26:23.560
<v Speaker 1>of us. And Pedro was denied on his direct appeal

0:26:23.680 --> 0:26:26.280
<v Speaker 1>as well as his initial post conviction motions, in which

0:26:26.280 --> 0:26:29.639
<v Speaker 1>the focus was ineffective assistance of trial council considering the

0:26:29.760 --> 0:26:34.320
<v Speaker 1>number of alibi witnesses that were available but not presented. However,

0:26:35.119 --> 0:26:38.440
<v Speaker 1>the post conviction attorney didn't attach the affidavits from these

0:26:38.480 --> 0:26:41.399
<v Speaker 1>alibi witnesses to the filing in nineteen ninety nine two thousand,

0:26:41.840 --> 0:26:46.000
<v Speaker 1>then they were procedurally barred, and then a new attorney

0:26:46.320 --> 0:26:47.919
<v Speaker 1>entered the picture named Michael Farrell.

0:26:48.640 --> 0:26:50.919
<v Speaker 2>Michael, he was a good trial attorney, but post conviction

0:26:51.080 --> 0:26:53.680
<v Speaker 2>is a different type of law because everything's about deadlines.

0:26:53.720 --> 0:26:57.199
<v Speaker 2>If you don't get something timely, fouge, you're screwed. And

0:26:57.600 --> 0:27:00.000
<v Speaker 2>we talked about how Marischol I gave an AFFI day

0:27:00.080 --> 0:27:03.200
<v Speaker 2>it in twenty eleven and in Pennsylvania at the time,

0:27:03.560 --> 0:27:06.120
<v Speaker 2>they've still changed to thank God. But in Pennsylvania, once

0:27:06.119 --> 0:27:08.840
<v Speaker 2>you say you had new evidence, you had sixty days

0:27:09.359 --> 0:27:12.080
<v Speaker 2>to foul and petition and present that new evidence to

0:27:12.080 --> 0:27:15.840
<v Speaker 2>the court, which is ridiculous because I can get a

0:27:15.840 --> 0:27:17.880
<v Speaker 2>new piece of evidence that might get me to where

0:27:17.880 --> 0:27:19.119
<v Speaker 2>I want to get, but it's not going to get

0:27:19.160 --> 0:27:20.679
<v Speaker 2>me relief. So why am I going to present it

0:27:20.720 --> 0:27:22.240
<v Speaker 2>to the court when I know I'm going to lose.

0:27:22.560 --> 0:27:25.919
<v Speaker 2>But that new piece of evidence might lead me to

0:27:26.240 --> 0:27:28.679
<v Speaker 2>more evidence, so over time I can develop a claim.

0:27:29.400 --> 0:27:33.120
<v Speaker 2>But long story short, Michael Farrell did not present that Affidavid.

0:27:33.560 --> 0:27:37.800
<v Speaker 2>He didn't present Sarah Robinson's AFFI David. It just was

0:27:37.840 --> 0:27:40.600
<v Speaker 2>again a cascade of horribles.

0:27:41.119 --> 0:27:45.400
<v Speaker 1>As we mentioned, Marisol's twenty eleven Affidavid was about her

0:27:45.480 --> 0:27:48.840
<v Speaker 1>run ins with Chiwito before and after the shooting, how

0:27:48.880 --> 0:27:52.359
<v Speaker 1>he admitted it to her, and establishing that Chuito was

0:27:52.480 --> 0:27:57.280
<v Speaker 1>rafae Albadal. Sarah Robinson also gave an affidavid in twenty

0:27:57.400 --> 0:28:00.800
<v Speaker 1>ten where she recanted her trial testimony, said that she

0:28:01.000 --> 0:28:04.639
<v Speaker 1>was incentivized with drugs as well as the detectives making

0:28:04.680 --> 0:28:10.040
<v Speaker 1>some assault charges magically go away. Unfortunately, and that's not

0:28:10.080 --> 0:28:13.840
<v Speaker 1>as strong enough word. Farrell did not filew them in time.

0:28:13.960 --> 0:28:17.080
<v Speaker 1>But Sam Wilkerson was a different story, So he.

0:28:17.040 --> 0:28:20.719
<v Speaker 2>Gave a statement on March first of twenty twelve, and

0:28:20.760 --> 0:28:24.960
<v Speaker 2>then Mike Farrell uses that statement to get a PCRA

0:28:25.119 --> 0:28:29.000
<v Speaker 2>hearing July twelveth of twenty thirteen. Wilkerson testified, Yes, his

0:28:29.080 --> 0:28:32.120
<v Speaker 2>testimony was follos because he knew Pedro was not one

0:28:32.160 --> 0:28:34.520
<v Speaker 2>of the men who did any shooting. Quote Pedro did

0:28:34.560 --> 0:28:37.360
<v Speaker 2>not shoot anybody. And Mike Parall just jumped right into

0:28:37.359 --> 0:28:40.440
<v Speaker 2>the primary issue. Quote were you on that corner at

0:28:40.480 --> 0:28:43.480
<v Speaker 2>the time of the shooting? Answer yes, question did you

0:28:43.640 --> 0:28:47.840
<v Speaker 2>see who shot Popo? And Charlie Chan answer yes? Question

0:28:47.880 --> 0:28:51.720
<v Speaker 2>who wasn't? Answer Tweeto. Mike Farrell confirmed Tweeto's real name

0:28:51.800 --> 0:28:53.120
<v Speaker 2>is Rafie Overdel.

0:28:53.080 --> 0:28:55.800
<v Speaker 1>And then the state called Chuck Bentham in rebuttal. Now,

0:28:55.960 --> 0:28:59.200
<v Speaker 1>remember the homicide file doc that could have impeached Bentham

0:28:59.240 --> 0:29:01.280
<v Speaker 1>were not available until twenty nineteen.

0:29:01.720 --> 0:29:06.760
<v Speaker 2>The DA's office calls Bentham and Mike Farrell asked him like,

0:29:06.800 --> 0:29:08.760
<v Speaker 2>what do you know about Tweeto? Now keep in mind

0:29:09.600 --> 0:29:13.520
<v Speaker 2>the very first page of that homicide foul has Tweeto

0:29:13.560 --> 0:29:17.520
<v Speaker 2>identified as one of the two perpetrators, and Bentham's like, ehh,

0:29:17.720 --> 0:29:20.720
<v Speaker 2>they maybe sound familiar. I don't know which is I mean,

0:29:20.760 --> 0:29:23.360
<v Speaker 2>which just drives me up a fucking wall, because there

0:29:23.360 --> 0:29:28.320
<v Speaker 2>are situations where the Philly Police Department will collect excalpatory

0:29:28.320 --> 0:29:31.800
<v Speaker 2>evidence and not give it to the DA's office. Right

0:29:31.880 --> 0:29:34.680
<v Speaker 2>under Brady, that doesn't matter, it's imputed in this case,

0:29:34.720 --> 0:29:38.040
<v Speaker 2>though the DA's office had multiple copies of the homicide

0:29:38.040 --> 0:29:39.720
<v Speaker 2>summary in their own case file.

0:29:39.960 --> 0:29:43.440
<v Speaker 1>Wilkerson also testified about how he was forced into signing

0:29:43.440 --> 0:29:46.440
<v Speaker 1>on to Sarah Robinson's narrative on July thirty first, nineteen

0:29:46.520 --> 0:29:49.120
<v Speaker 1>ninety one, you know, the whole Eminem's or deal, but

0:29:49.160 --> 0:29:51.840
<v Speaker 1>without the homicide file to impeach Bentham. I guess the

0:29:51.960 --> 0:29:56.600
<v Speaker 1>judge found Bentham more credible, denying the motion in twenty fourteen,

0:29:56.760 --> 0:29:59.680
<v Speaker 1>and then Craig took on the case, filing his federal

0:29:59.680 --> 0:30:02.800
<v Speaker 1>haby in which he tried to admit the alibi evidence

0:30:02.880 --> 0:30:04.840
<v Speaker 1>and witnesses as new evidence.

0:30:05.120 --> 0:30:07.440
<v Speaker 2>So when I got the case in twenty sixteen, and

0:30:07.480 --> 0:30:10.240
<v Speaker 2>I foiled as federal petition, which was thirteen years late,

0:30:10.800 --> 0:30:15.440
<v Speaker 2>and thankfully the federal courts as an actual innocence exception,

0:30:15.640 --> 0:30:20.320
<v Speaker 2>where if your petition is untimely, but you have substantial

0:30:20.320 --> 0:30:23.920
<v Speaker 2>evidence that you are in fact, actually innocent, they'll overlook

0:30:23.920 --> 0:30:26.840
<v Speaker 2>the untimeliness, take jurisdiction of your petition and review it.

0:30:27.120 --> 0:30:31.120
<v Speaker 2>But what the District Court judge said was, well, because

0:30:31.200 --> 0:30:34.680
<v Speaker 2>trow council knew about these witnesses, it's not new evidence.

0:30:35.080 --> 0:30:39.240
<v Speaker 2>So he was defining new evidence as evidence. That's something

0:30:39.480 --> 0:30:41.600
<v Speaker 2>that had to be outside the realm of what trial

0:30:41.680 --> 0:30:45.920
<v Speaker 2>council knew. And there was a great case that had

0:30:45.960 --> 0:30:48.000
<v Speaker 2>just come down from the Third Circuit Court of Appeals

0:30:48.000 --> 0:30:50.560
<v Speaker 2>that said no new evidence is any evidence that the

0:30:50.680 --> 0:30:54.040
<v Speaker 2>jury didn't hear. And so I convinced the Third Circuit

0:30:54.360 --> 0:30:56.880
<v Speaker 2>in January of nineteen to take the appeal.

0:30:57.200 --> 0:31:00.000
<v Speaker 1>But that wasn't the only avenue of relief at Quigs.

0:31:00.560 --> 0:31:04.400
<v Speaker 2>By late twenty nineteen, Fetterman's doing these commutation hearings.

0:31:04.600 --> 0:31:06.240
<v Speaker 3>I went to the Bord of Partons to try and

0:31:06.240 --> 0:31:08.040
<v Speaker 3>get out that way. I don't know if you know this,

0:31:08.160 --> 0:31:11.920
<v Speaker 3>but I got four unanimous votes and the Attorney General

0:31:12.080 --> 0:31:13.240
<v Speaker 3>held me under advisement.

0:31:13.840 --> 0:31:16.800
<v Speaker 2>Fetterman reached out to me because he learned about Pedro's

0:31:16.800 --> 0:31:20.120
<v Speaker 2>case and so Neilim and I went up to CI

0:31:20.200 --> 0:31:23.040
<v Speaker 2>Phoenix to meet with him to go over everything. And

0:31:23.080 --> 0:31:25.320
<v Speaker 2>it's at that point I was under the impression that

0:31:25.360 --> 0:31:29.640
<v Speaker 2>those passport stamps were legitimate. Fetterman, He's like, they're fabricated,

0:31:29.920 --> 0:31:32.160
<v Speaker 2>and Neilim and I just were like one of those

0:31:32.720 --> 0:31:33.480
<v Speaker 2>fuck moments.

0:31:33.600 --> 0:31:36.160
<v Speaker 1>But this isn't a deal breaker, like we said earlier.

0:31:36.160 --> 0:31:39.320
<v Speaker 1>When the story behind the fabrications is understood, they're no

0:31:39.400 --> 0:31:44.440
<v Speaker 1>longer a liability. Meanwhile, Neelam Sangi from the Pennsylvania Innocence Project,

0:31:44.520 --> 0:31:47.200
<v Speaker 1>along with Craig, not only asked Patron for an explanation,

0:31:47.600 --> 0:31:49.800
<v Speaker 1>but they also hired an expert to look into the

0:31:49.800 --> 0:31:51.080
<v Speaker 1>fabricated stamps.

0:31:51.440 --> 0:31:55.320
<v Speaker 2>Neil and I were able to talk to Tom Griffin, an

0:31:55.320 --> 0:31:59.360
<v Speaker 2>experienced immigration attorney who knows the immigration policies even back

0:31:59.360 --> 0:32:02.200
<v Speaker 2>in the eighties, and have him go through other documents,

0:32:02.240 --> 0:32:05.320
<v Speaker 2>immigration documents and explain to us why Pedro would get

0:32:05.360 --> 0:32:10.520
<v Speaker 2>the fabricated exit stamp from the DR on July twenty seventh,

0:32:10.640 --> 0:32:14.320
<v Speaker 2>nineteen ninety one, and then why he would get a

0:32:14.480 --> 0:32:18.360
<v Speaker 2>fabricated entry stamp to the DR on March tenth and

0:32:18.440 --> 0:32:19.240
<v Speaker 2>nineteen ninety four.

0:32:19.440 --> 0:32:22.640
<v Speaker 1>While they were investigating Pedro's passport. Larry Krasner had been

0:32:22.680 --> 0:32:26.040
<v Speaker 1>elected DA in Philadelphia and he formed their Conviction Integrity

0:32:26.120 --> 0:32:29.760
<v Speaker 1>Unit under Patricia Cummings. They accepted Pedro's case for reinvestigation

0:32:29.920 --> 0:32:33.000
<v Speaker 1>and Tom Gato was assigned the case, and importantly, he

0:32:33.120 --> 0:32:37.600
<v Speaker 1>handed over the homicide file, which contained many illuminating documents

0:32:37.720 --> 0:32:42.360
<v Speaker 1>that exhibited how the nicknames had morphed over time, as

0:32:42.400 --> 0:32:45.840
<v Speaker 1>well as the document that named Tuito and Papadito, the

0:32:45.880 --> 0:32:46.760
<v Speaker 1>homicide summary.

0:32:46.840 --> 0:32:49.080
<v Speaker 2>They had multiple copies of it, because when we went

0:32:49.120 --> 0:32:50.920
<v Speaker 2>to the ja's office and looked at that other stuff,

0:32:51.200 --> 0:32:53.200
<v Speaker 2>I goh, here's another copy of the homicide summary. Oh,

0:32:53.240 --> 0:32:57.600
<v Speaker 2>another one and another one, and copies of Phlo Garcia's

0:32:57.600 --> 0:33:00.440
<v Speaker 2>a rest report identifying him as Papadido. And none of

0:33:00.440 --> 0:33:03.280
<v Speaker 2>this was ever disclosed either a trial or during the

0:33:03.280 --> 0:33:06.920
<v Speaker 2>PCA proceedings back in like twenty ten to twenty fourteen.

0:33:07.240 --> 0:33:10.560
<v Speaker 1>So they poured over these previously hidden documents as well

0:33:10.600 --> 0:33:14.320
<v Speaker 1>as heard testimony from witnesses, starting with the Cadre of

0:33:14.400 --> 0:33:16.080
<v Speaker 1>alibi witnesses from the DR.

0:33:16.920 --> 0:33:21.160
<v Speaker 2>So in August of twenty twenty, neilm was able to

0:33:21.680 --> 0:33:24.680
<v Speaker 2>get all the family in the DR into one room

0:33:25.080 --> 0:33:28.520
<v Speaker 2>and we did zoom interviews with Patricia Cummings and Tom Gaeta.

0:33:28.800 --> 0:33:32.840
<v Speaker 2>Were these individuals. All these individuals said, yes, he never left.

0:33:33.200 --> 0:33:35.480
<v Speaker 2>He came in on this date and he never left.

0:33:35.760 --> 0:33:39.520
<v Speaker 2>So we even provided them with live testimony or live

0:33:39.600 --> 0:33:46.360
<v Speaker 2>statements explaining what the documents and the photographic evidence already proved.

0:33:46.480 --> 0:33:50.280
<v Speaker 1>Right there were tons of photographs of the baptism, and importantly,

0:33:50.320 --> 0:33:52.760
<v Speaker 1>Pedro had a thick mustache at the time, while the

0:33:52.800 --> 0:33:56.440
<v Speaker 1>assailant had always been described as clean shaven. Then they

0:33:56.480 --> 0:33:59.600
<v Speaker 1>moved on to the eyewitnesses. By this time Marisol had

0:33:59.600 --> 0:34:02.960
<v Speaker 1>passed way, but Sam Wilkerson and Sarah Robinson told their

0:34:03.000 --> 0:34:05.760
<v Speaker 1>stories about Bentham and Devlin and how they had both

0:34:05.760 --> 0:34:11.200
<v Speaker 1>initially identified Chiuwito but were either coerced or incentivized to lie.

0:34:11.640 --> 0:34:14.680
<v Speaker 1>But the CiU hit a snag on the passport stamps.

0:34:15.000 --> 0:34:17.840
<v Speaker 2>It's frustrating because there is an easy and reasonable explanation

0:34:18.080 --> 0:34:21.040
<v Speaker 2>for these dates and why he would do what he did.

0:34:21.320 --> 0:34:23.800
<v Speaker 2>This went on from like August of twenty twenty to augusta,

0:34:23.840 --> 0:34:26.799
<v Speaker 2>twenty twenty one, I think January of twenty twenty two.

0:34:27.000 --> 0:34:30.960
<v Speaker 2>Mike Garmisa is named the new head of the CiU.

0:34:31.200 --> 0:34:34.320
<v Speaker 2>I like Mike. We had a call with Mike. Mike's

0:34:34.400 --> 0:34:36.359
<v Speaker 2>just like, yeah, we don't see what you see. So

0:34:36.400 --> 0:34:38.600
<v Speaker 2>we're just going to send it over to the FED

0:34:38.719 --> 0:34:42.080
<v Speaker 2>lit like the Federal Habeas unit at the DA's office.

0:34:42.120 --> 0:34:46.680
<v Speaker 1>So, after seeing all of the exculpatory evidence alibi witnesses, dates,

0:34:46.760 --> 0:34:51.000
<v Speaker 1>witness recantations, as well as the police coercion and misconduct

0:34:51.000 --> 0:34:53.560
<v Speaker 1>that led to the wall statements, not to mention the

0:34:53.600 --> 0:34:58.160
<v Speaker 1>Brady material, the CiU chose to get stuck on Pedro's

0:34:58.160 --> 0:35:02.880
<v Speaker 1>fabricated passport stamps and the reasonable story of maintaining his

0:35:03.000 --> 0:35:07.600
<v Speaker 1>immigration status while taking care of his sick mother, so

0:35:07.680 --> 0:35:09.600
<v Speaker 1>they resumed the federal habeas proceedings.

0:35:10.160 --> 0:35:12.640
<v Speaker 2>There's two primary federal claims. You know, trial counsel was

0:35:12.680 --> 0:35:16.600
<v Speaker 2>ineffective for not presenting more alibi witnesses only two alibi

0:35:16.600 --> 0:35:19.600
<v Speaker 2>witnesses testified, and the other one, the more significant one

0:35:19.600 --> 0:35:21.960
<v Speaker 2>I believe at this point, is the Brady claim of

0:35:22.000 --> 0:35:26.160
<v Speaker 2>all the suppressed evidence regarding Tweeto and documents identifying Phalo

0:35:26.200 --> 0:35:27.840
<v Speaker 2>Garcia as papadido.

0:35:28.080 --> 0:35:31.120
<v Speaker 1>In addition to that, there's also the procedural argument about

0:35:31.160 --> 0:35:34.600
<v Speaker 1>what constitutes new evidence and whether or not. The federal

0:35:34.640 --> 0:35:38.399
<v Speaker 1>court can assume jurisdiction over that as new evidence under

0:35:38.440 --> 0:35:41.680
<v Speaker 1>the actual innocent standard, and that is a high standard

0:35:41.719 --> 0:35:43.800
<v Speaker 1>that no juror would vote to convict.

0:35:44.360 --> 0:35:46.239
<v Speaker 2>To win a Brady claim, you simply have to prove

0:35:46.320 --> 0:35:48.960
<v Speaker 2>one one juror. You know, it's reason Papa would have

0:35:49.000 --> 0:35:53.120
<v Speaker 2>impacted their vote. Here, it's all of them collectively would

0:35:53.200 --> 0:35:55.840
<v Speaker 2>say we're not buying what you're selling. We're going to

0:35:55.960 --> 0:35:58.920
<v Speaker 2>quit them. And I think we meet that, but it's

0:35:58.920 --> 0:35:59.600
<v Speaker 2>a hard standard.

0:35:59.719 --> 0:36:04.160
<v Speaker 1>Then there's the actual claims and evidence themselves, and with

0:36:04.200 --> 0:36:07.400
<v Speaker 1>a homicide file, there's so much more support for his claims.

0:36:08.200 --> 0:36:12.960
<v Speaker 2>I filed one hundred and eighty page supplemental amended Federal

0:36:12.960 --> 0:36:17.120
<v Speaker 2>HAB's petition July fifth of twenty twenty two, and then

0:36:17.520 --> 0:36:20.560
<v Speaker 2>the DA's office files a twenty five page response. They're

0:36:20.600 --> 0:36:23.000
<v Speaker 2>putting up a fight, but they're not putting up a fight.

0:36:23.120 --> 0:36:26.319
<v Speaker 2>It's the James Bond argument that he was capable of

0:36:26.960 --> 0:36:31.279
<v Speaker 2>entering and entering multiple countries undetected. My argument, and I

0:36:31.360 --> 0:36:34.360
<v Speaker 2>made this in my pleadings, is Okham's razor. What's easier

0:36:34.360 --> 0:36:37.160
<v Speaker 2>to believe. There's two narratives. One is the one I

0:36:37.239 --> 0:36:39.600
<v Speaker 2>just presented you. Right, He's in the DR the whole time,

0:36:39.600 --> 0:36:42.719
<v Speaker 2>and these are why he fabricated these stamps. The other

0:36:42.800 --> 0:36:45.920
<v Speaker 2>one is the das is that we flew into the

0:36:46.000 --> 0:36:50.680
<v Speaker 2>DR on July thirteenth, nineteen ninety one. He somehow gets

0:36:50.719 --> 0:36:56.000
<v Speaker 2>back to Philadelphia through two countries customs, the DR in

0:36:56.040 --> 0:36:59.200
<v Speaker 2>the US undetected, right, So he has to be back

0:36:59.640 --> 0:37:03.399
<v Speaker 2>in phil July twenty third, then commit the murder, and

0:37:03.440 --> 0:37:07.520
<v Speaker 2>then leave Philadelphia July twenty sixth, nineteen one. So you're

0:37:07.600 --> 0:37:10.880
<v Speaker 2>leaving one country entering another undetected where he's at his

0:37:10.920 --> 0:37:14.120
<v Speaker 2>son's baptism on July twenty seventh in the DR.

0:37:14.160 --> 0:37:17.440
<v Speaker 1>All within the tight time frame as per Sarah Robinson's

0:37:17.440 --> 0:37:18.680
<v Speaker 1>now recanted statement.

0:37:19.120 --> 0:37:21.399
<v Speaker 2>So what's easier to believe Aukin's Razor would say, well,

0:37:21.480 --> 0:37:23.640
<v Speaker 2>obviously it's the first one he's been down there. We

0:37:23.680 --> 0:37:29.440
<v Speaker 2>have all these documents, photographs, birth certificates, and an experienced

0:37:29.480 --> 0:37:33.080
<v Speaker 2>immigration attorney explaining the dates and why they're significant. And

0:37:33.840 --> 0:37:36.680
<v Speaker 2>what is there to corroborate the DA's narrative, like he's

0:37:36.719 --> 0:37:37.839
<v Speaker 2>like James Bond.

0:37:37.920 --> 0:37:40.520
<v Speaker 1>And remember he only has to be James Bond to

0:37:40.560 --> 0:37:44.920
<v Speaker 1>satisfy statement Sarah Robinson now maintains came from two disgraced

0:37:44.960 --> 0:37:48.880
<v Speaker 1>Philadelphia detectives. I mean, these guys are notorious. They're in

0:37:48.920 --> 0:37:52.760
<v Speaker 1>the cases of many of our guests, Tony Wright, Jimmy Dennis,

0:37:53.080 --> 0:37:58.920
<v Speaker 1>Walter Ogrod, Troy Coleman, Manford Younger, and of course Pedro Renoso.

0:37:59.160 --> 0:38:01.240
<v Speaker 1>So where is the case at now.

0:38:01.600 --> 0:38:04.320
<v Speaker 2>It's in front of a magistrate judge right now. Because

0:38:04.360 --> 0:38:07.080
<v Speaker 2>in the Eastern District, once you file federal habi's petition,

0:38:07.440 --> 0:38:10.800
<v Speaker 2>the district court will assign a magistrate judge to review

0:38:11.280 --> 0:38:14.960
<v Speaker 2>the petition into draft and file what's called a report

0:38:14.960 --> 0:38:17.640
<v Speaker 2>and recommendation. And it sounds just like what it is.

0:38:17.880 --> 0:38:20.400
<v Speaker 2>It's a report of the case and it's a recommendation

0:38:20.560 --> 0:38:23.040
<v Speaker 2>to the district court as to what the district court

0:38:23.120 --> 0:38:26.040
<v Speaker 2>should do regarding each claim or the petition in general,

0:38:26.360 --> 0:38:31.120
<v Speaker 2>like say, the magistrate judge and a report recommendation saying no,

0:38:31.160 --> 0:38:34.040
<v Speaker 2>it's untimely, you didn't meet the actual inison standard for

0:38:34.080 --> 0:38:37.680
<v Speaker 2>these reasons. The losing side can file objections to the

0:38:37.760 --> 0:38:41.239
<v Speaker 2>report recommendation and then the district court would decide what

0:38:41.320 --> 0:38:44.319
<v Speaker 2>to do. And for the most part, whatever happens in

0:38:44.360 --> 0:38:48.879
<v Speaker 2>the report recommendation is ultimately adopted into a final order

0:38:49.040 --> 0:38:49.959
<v Speaker 2>by the district Court.

0:38:50.200 --> 0:38:53.360
<v Speaker 1>Well, let's hope the magistrate judge sees what we see.

0:38:54.040 --> 0:38:56.840
<v Speaker 1>So what can our audience do to help.

0:38:57.400 --> 0:39:01.040
<v Speaker 2>Just spread the word or donate to other innocence projects

0:39:01.040 --> 0:39:06.080
<v Speaker 2>that do this work. People need representation, so donate to

0:39:06.160 --> 0:39:09.759
<v Speaker 2>the innocence projects local or national, and so people like

0:39:09.840 --> 0:39:10.960
<v Speaker 2>Pedro can have attorneys.

0:39:11.280 --> 0:39:13.719
<v Speaker 1>And with that, we're going to go to closing arguments.

0:39:13.760 --> 0:39:16.440
<v Speaker 1>And this is my favorite part of the show. It's

0:39:16.480 --> 0:39:20.400
<v Speaker 1>where I first thank you Craig Pedro for sharing this. Pedro,

0:39:20.480 --> 0:39:23.120
<v Speaker 1>You're a hero to all of us. So now I'm

0:39:23.120 --> 0:39:25.239
<v Speaker 1>going to turn my microphone off and hand it over

0:39:25.360 --> 0:39:29.280
<v Speaker 1>to Craig for any final thoughts you want to share.

0:39:29.440 --> 0:39:31.839
<v Speaker 1>And then Craig, you just handed off the microphone over

0:39:31.880 --> 0:39:34.320
<v Speaker 1>to Pedro and he'll take us off into the sunset.

0:39:35.080 --> 0:39:38.600
<v Speaker 2>I just end on the Oakham's razor principle, like, what's

0:39:38.800 --> 0:39:43.080
<v Speaker 2>there's two narratives here, and the simplest narrative is usually

0:39:43.160 --> 0:39:48.000
<v Speaker 2>the correct narrative, and that narrative is Pedro Renoso flew

0:39:48.120 --> 0:39:52.480
<v Speaker 2>into the dr on July thirteenth, nineteen ninety one. Stay

0:39:52.520 --> 0:39:57.160
<v Speaker 2>there till March twenty fourth, nineteen ninety four, and while returning,

0:39:57.680 --> 0:40:01.120
<v Speaker 2>he figured out he needed to fabricate two passport stamps

0:40:01.160 --> 0:40:04.960
<v Speaker 2>to maintain his visa status in the US. He wasn't

0:40:04.960 --> 0:40:07.440
<v Speaker 2>doing it so cover up a double murder, because we

0:40:07.560 --> 0:40:11.279
<v Speaker 2>have substantial evidence that places him in the DR all

0:40:11.320 --> 0:40:14.560
<v Speaker 2>those years. So that's the straightforward narrative. The other narrative

0:40:14.800 --> 0:40:19.000
<v Speaker 2>is he enters the DR July thirteenth, nineteen ninety one,

0:40:19.200 --> 0:40:24.080
<v Speaker 2>and he somehow returns to Philadelphia by July twenty second,

0:40:24.480 --> 0:40:27.160
<v Speaker 2>because the murder's on July twenty third, So I was

0:40:27.239 --> 0:40:31.360
<v Speaker 2>leaving the DR, entering the US undetected, leaving the US,

0:40:31.560 --> 0:40:35.560
<v Speaker 2>coming back into the DR undetected, and that's how he's

0:40:35.840 --> 0:40:40.000
<v Speaker 2>at his son's baptism on July twenty seventh, nineteen ninety one.

0:40:40.200 --> 0:40:42.920
<v Speaker 2>But again, this begs this question, if he's so good

0:40:43.280 --> 0:40:47.319
<v Speaker 2>at entering and exiting these countries in nineteen ninety one undetected,

0:40:47.719 --> 0:40:50.680
<v Speaker 2>why didn't he just go undetected in March of nineteen

0:40:50.760 --> 0:40:53.560
<v Speaker 2>ninety four. Those are your two narratives. Let the audience

0:40:53.600 --> 0:40:56.200
<v Speaker 2>figure out which one's the slumpest one to believe.

0:40:57.719 --> 0:41:00.600
<v Speaker 3>I want to live with my family in tranquility. I

0:41:00.640 --> 0:41:03.719
<v Speaker 3>want to make up for lost time. I want to

0:41:03.760 --> 0:41:07.200
<v Speaker 3>take care of my health above all, and spend time

0:41:07.200 --> 0:41:09.920
<v Speaker 3>with my grandkids. I want to thank you for this

0:41:10.080 --> 0:41:12.680
<v Speaker 3>and I would love to meet you in the future

0:41:12.760 --> 0:41:16.239
<v Speaker 3>so I can give you a hug and thank you

0:41:16.280 --> 0:41:16.800
<v Speaker 3>in person.

0:41:17.120 --> 0:41:19.279
<v Speaker 1>I want to stick in English. No, thank you and

0:41:19.320 --> 0:41:22.200
<v Speaker 1>thank you every one and with you, and this is modest.

0:41:22.560 --> 0:41:31.800
<v Speaker 1>God bless you all. Thank you for listening to Wrongful Conviction.

0:41:32.080 --> 0:41:34.040
<v Speaker 1>You can listen to this and all the Lava for

0:41:34.120 --> 0:41:37.520
<v Speaker 1>Good podcasts one week early and ad free by subscribing

0:41:37.560 --> 0:41:40.560
<v Speaker 1>to Lava for Good Plus on Apple Podcasts. I want

0:41:40.560 --> 0:41:43.600
<v Speaker 1>to thank our production team, Connor Hall and Kathleen Fink,

0:41:43.719 --> 0:41:47.080
<v Speaker 1>as well as my fellow executive producers Jeff Kempler, Kevin Wartis,

0:41:47.200 --> 0:41:49.600
<v Speaker 1>and Jeff Cliber. The music in this production was supplied

0:41:49.640 --> 0:41:52.759
<v Speaker 1>by three time OSCAR nominated composer Jay Ralph. Be sure

0:41:52.760 --> 0:41:55.560
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0:41:55.600 --> 0:41:58.560
<v Speaker 1>for Good and at Wrongful Conviction. You can also follow

0:41:58.640 --> 0:42:01.759
<v Speaker 1>me on Instagram at its Jason flamm. Ralful Conviction is

0:42:01.760 --> 0:42:04.759
<v Speaker 1>a production of Lava for Good Podcasts and association with

0:42:04.840 --> 0:42:06.040
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0:42:06.160 --> 0:42:08.600
<v Speaker 3>We have worked hard to ensure that All facts reported

0:42:08.600 --> 0:42:11.440
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0:42:11.440 --> 0:42:13.799
<v Speaker 3>by the individuals featured in this show are their own

0:42:13.880 --> 0:42:16.680
<v Speaker 3>and do not necessarily reflect those of Lava for Good