WEBVTT - #243 Guest Host Patrick Pursley with Jacques Rivera

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<v Speaker 1>Welcome to a very special episode of Wrongful Conviction, in

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<v Speaker 1>which we're trying something new. I've asked a previous guest

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<v Speaker 1>to take on my usual role as interviewer. You might

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<v Speaker 1>remember Patrick Pursley from his own episode of Wrongful Conviction.

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<v Speaker 1>Patrick did what seemed to be the impossible to win

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<v Speaker 1>his freedom. He got a law changed from inside prison

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<v Speaker 1>to allow for the post conviction ballistics testing that proved

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<v Speaker 1>his innocence. Just an amazing feat accomplished by a truly

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<v Speaker 1>amazing guy. And now he brings us an interview with

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<v Speaker 1>another innocent man who he knew while inside Illinois Dateville Penitentiary,

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<v Speaker 1>Jacques Rivera.

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<v Speaker 2>On August twenty seventh, nineteen eighty eight, a sixteen year

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<v Speaker 2>old named Felix Valentine was shot in his car on

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<v Speaker 2>the West Side of Chicago. At the hospital, responding officers

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<v Speaker 2>spoke with the victim to identify the shooter and getaway

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<v Speaker 2>driver as members of the Imperial Gangsters. However, a corrupt

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<v Speaker 2>detective named Ronaldo Gavera instead targeted JOCKX Rivera, a member

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<v Speaker 2>of a different gang, the Latin Kings. Jox ran a

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<v Speaker 2>local recreation center that Gavera often targeted for information. Despite

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<v Speaker 2>the victim's dying declaration to responding officers, Gavera claimed to

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<v Speaker 2>have gotten a different identification during the eighteen days before

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<v Speaker 2>the victim's death. Gavera then misled an eleven year old

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<v Speaker 2>eye witness to corroborate that focush identification, charging Jocks with

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<v Speaker 2>the murder. JOCKX was tried under Judge Michael Close, who

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<v Speaker 2>had recently been the focus of Operation Gray Lord, one

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<v Speaker 2>of the biggest judicial corruption investigations in the United States history.

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<v Speaker 2>The judge would allow the testimony of the victim's original identification,

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<v Speaker 2>and with the false testimonies Cavera and the misled child witness,

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<v Speaker 2>Judge Close convicted and sends JOCKX Rivera to eighty years.

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<v Speaker 2>When the Center on Wrongful Convictions took on Jock's case,

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<v Speaker 2>they found the eyewitness, now an adult, who greeted them

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<v Speaker 2>with relief, saying that he had been waiting to tell

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<v Speaker 2>the truth for the last twenty three years since. An

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<v Speaker 2>investigation into Carverre's corruption has resulted in the exoneration of

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<v Speaker 2>over twenty innocent men and women, costing Chicago over fifty

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<v Speaker 2>million dollars in counting. This is wrongful conviction. Welcome to

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<v Speaker 2>wrongful Conviction. This is Patrick Persley, also known as Free

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<v Speaker 2>Patrick Persley. I was previously a guest on Wrongful Conviction,

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<v Speaker 2>but today I'm honored to feeling for Jason Flam and

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<v Speaker 2>we have a very special guest with us, a friend

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<v Speaker 2>of mine, someone I knew a long time while in

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<v Speaker 2>state fuels of my own wrongful conviction, mister Jacks Rivera.

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<v Speaker 3>Sir, Oh Patrick, I'm good man, I am really good.

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<v Speaker 2>So one, thank you for having the trust in me.

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<v Speaker 2>Tell your story on behalf of Jason Flom. I know

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<v Speaker 2>it's hard telling our stories, put in our pain out

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<v Speaker 2>there on the line. Could you explain to the audience

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<v Speaker 2>a little bit about yourself and just our.

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<v Speaker 3>Connection, our connection unfortunately being in prison together. You know,

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<v Speaker 3>you was a great dude. Unfortunately for us, we were

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<v Speaker 3>wrongfully convicted, so that doesn't change our character of who

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<v Speaker 3>we were before we went in there. We didn't let

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<v Speaker 3>it change who we were.

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<v Speaker 2>No, we didn't, and I appreciate that. Jocks, your case

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<v Speaker 2>is well, you know, you kind of hit the double

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<v Speaker 2>reverse Jackpie here. You have one of the most corrupt

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<v Speaker 2>detectives in Chicago history, which is saying a lot and

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<v Speaker 2>his name is Detective Ronaldo Cavert. Real infamous guy. It's

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<v Speaker 2>responsible for so many wrongful convictions over twenty accounts, and

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<v Speaker 2>it's cost the city of Chicago fifty million dollars. And

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<v Speaker 2>I can just tell you it's a house lawyer from Stateville.

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<v Speaker 2>You know, my twenty three years doing cases down there,

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<v Speaker 2>his name came up again and again, and there was

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<v Speaker 2>definitely a pattern present throughout. And then on top of that,

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<v Speaker 2>you got judge who was a person interest in investigation

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<v Speaker 2>and judicial corruption in the eighties called Operation Gray Lord.

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<v Speaker 2>The investigation was meant to root out pay for play

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<v Speaker 2>scandal on which judges were accepting bribes where basically they

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<v Speaker 2>were fixing everything from parking tickets to murders. The judge

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<v Speaker 2>in your case, Michael Close, was alleged to it taking

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<v Speaker 2>twenty five thousand dollars to fix a murder case find

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<v Speaker 2>one defendant not guilty and the other definditt guilty. I

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<v Speaker 2>believe while Judge Michael Close was never criminally prosecuted, he

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<v Speaker 2>was pursued in civil suits and the Cook County State's

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<v Speaker 2>Attorney's Office they represented him, and basically their position was

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<v Speaker 2>that he was immune from civil litigation during the commission

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<v Speaker 2>of his judicial duties, so therefore he was immune from

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<v Speaker 2>civil liability according to the law. So I think that

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<v Speaker 2>says a lot of about this case and where we're headed,

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<v Speaker 2>and we haven't even started yet. But Jocks, let's talk

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<v Speaker 2>about your life. What was your life like growing up

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<v Speaker 2>in the city of Chicago during this time.

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<v Speaker 3>Yeah, growing up on the northwest side of Chicago, the

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<v Speaker 3>Humble Park area during the late seventies, all of the eighties,

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<v Speaker 3>you know, really gang infested, high crime, and you had

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<v Speaker 3>like four main gangs. There were the Imperial Gangsters, the

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<v Speaker 3>Same Spanish Cobras, the maniac Land Disciples, and the lank Kyns.

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<v Speaker 3>My dad had passed away when I was fifteen, and

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<v Speaker 3>I had five other siblings that my mom had to

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<v Speaker 3>take care of, and you know, I was just roaming

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<v Speaker 3>the streets. I was really distraught about my dad passing

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<v Speaker 3>I did, you know, he was kind of my rock,

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<v Speaker 3>my guide, and you know, they didn't really have much

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<v Speaker 3>of a choice but to join the gang at that point.

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<v Speaker 3>They offered protection, and without that protection, you'll be a

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<v Speaker 3>target in the area, and we couldn't move out that area.

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<v Speaker 3>So it wasn't like I wanted to do that or

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<v Speaker 3>go down that path. I just had no other choice.

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<v Speaker 3>I was a member of the land Kings. So in

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<v Speaker 3>Humble Park they had a festival yearly. It was called

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<v Speaker 3>the Fiesta post Analist. It's the celebration of the Latino culture.

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<v Speaker 3>And there would be times where the gang violence was

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<v Speaker 3>real bad in this festival time. So what the city

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<v Speaker 3>decided to do, along with the Puerto Rican Institute, was

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<v Speaker 3>to pay game members to govern their own you know,

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<v Speaker 3>to stop the violence. So the gentleman from the Spanish

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<v Speaker 3>coalition suggested that we use this money to open up

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<v Speaker 3>a community center, which was a great.

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<v Speaker 2>Thing and just for people not familiar with Chicago, this

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<v Speaker 2>was quite commonplace where the city paid the gangs to

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<v Speaker 2>keep their guys in line. This was even done in prison,

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<v Speaker 2>and it's called in main tenant control program. So this

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<v Speaker 2>community center gets going over the years, gets a couple

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<v Speaker 2>of name changes, and I believe it's been named the

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<v Speaker 2>Humble Park Institute, that's correct.

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<v Speaker 3>Yeah, that's when I really got involved in it, and

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<v Speaker 3>it was doing so well that the city they wanted

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<v Speaker 3>to give us more money to open up a recreational center.

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<v Speaker 3>They did, and we opened it up and that was

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<v Speaker 3>running it. It was called Mind and Body. We had

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<v Speaker 3>weights in their foolsball table, ara hockey gains for the

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<v Speaker 3>kids for after school programs, and people came in there

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<v Speaker 3>a lot adults and kids.

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<v Speaker 2>So it was considered like a safe place for a family. Yeah,

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<v Speaker 2>even though it's like in this so called gang infrastructure,

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<v Speaker 2>there was some good elements that came out of it.

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<v Speaker 3>Oh yeah, definitely was. And that's why I think the

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<v Speaker 3>troubles began. This detective Nalvo Guevera. He used to come

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<v Speaker 3>in there from time to time looking for people. I

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<v Speaker 3>was like, you know, we have none to hide here.

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<v Speaker 3>It seemed like at first that he was just interested

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<v Speaker 3>in how this program came about, who's involved in it?

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<v Speaker 3>You know, who's in charge is running? I said, I am,

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<v Speaker 3>and we're part of the Humble Park Institute. And he

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<v Speaker 3>used that as a means to come in there to

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<v Speaker 3>look for people that he was looking for from the streets,

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<v Speaker 3>the gang members, whether if it was to arrest them

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<v Speaker 3>or just to talk to them or whatever it may be.

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<v Speaker 2>So now this brings us today, end of summer nineteen

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<v Speaker 2>eighty eight and the murder you got caught up in.

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<v Speaker 2>It was a gang relative murder. And I remember you

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<v Speaker 2>tell me it took someone actually come into Stateville laying

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<v Speaker 2>it all out for you to actually know what was

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<v Speaker 2>going on behind the scenes, what this actual beef was about.

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<v Speaker 2>You had mentioned like multiple gangs operating this area. I

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<v Speaker 2>believe it was Latin Kings, Maniact Latin Disciples, the Imperial Gangsters,

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<v Speaker 2>Insane Spanish Cobras. What was going on at that time.

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<v Speaker 3>Those were the heavy hitters, if I could say that.

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<v Speaker 3>And then you had these little block games and the

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<v Speaker 3>two of them were Insane Campbell Boys and Maniac Campbell Boys.

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<v Speaker 3>And from what I understand was they were approached by

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<v Speaker 3>the Spanish Cobras and the Imperial Gangsters and they was

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<v Speaker 3>telling them, you can either join us or we're gonna

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<v Speaker 3>shut you down.

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<v Speaker 2>A simulation.

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<v Speaker 3>Yeah, So I believe the Insane Campbell Boys went with

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<v Speaker 3>the Insane Spanish Cobras ISC and the Maniac Cambo Boys.

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<v Speaker 3>They said we were going to become Maniac Latin Disciples.

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<v Speaker 3>So the Maniac Camel Boys, now we're at war with

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<v Speaker 3>the Imperial Gangsters about their decision about not riding with

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<v Speaker 3>them but going with the Maniac Latin Disciples.

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<v Speaker 2>And from what I understand the victim in this case

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<v Speaker 2>we're talking about today, sixteen year old Felix Valentine. He

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<v Speaker 2>and his brother were maniac Campbo boys who were assimilated

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<v Speaker 2>or basically had flipped into the maniac Latin Disciples, who,

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<v Speaker 2>like you said, they were now at war with the

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<v Speaker 2>Imperial Gangsters over that fact. And that takes us to

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<v Speaker 2>the day of the shooting August twenty seven, nineteen eighty eight.

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<v Speaker 3>Where Felix Valentine got shot was Imperial Gangster's neighborhood. He

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<v Speaker 3>was over there with his brother. They were going to

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<v Speaker 3>a wedding, and his brother went up the stairs and

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<v Speaker 3>he waited in the car, you know, like saying, hurry up,

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<v Speaker 3>get up, to get out, because you know where he's

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<v Speaker 3>supposed to be in this area. So according to the

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<v Speaker 3>police report and that women's report, a car drove up,

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<v Speaker 3>pulled right behind a Felix while he sat in the

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<v Speaker 3>mouth of the alley. Messenger got out. The car walked

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<v Speaker 3>up to Felix and then this person opened fire on him.

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<v Speaker 3>His brother heard the shots, came downstairs, ran to the car,

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<v Speaker 3>saw his brother limped over, and he opened the car

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<v Speaker 3>door pushed his brother. Felix over to the passenger side

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<v Speaker 3>and took off to the hospital. There was a Chicago

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<v Speaker 3>police officer that came on the scene. He went to

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<v Speaker 3>the hospital talk to the victim.

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<v Speaker 2>So this would be Officer Craig Letrich. He was responding officer.

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<v Speaker 2>He also talk to people at the crime scene. So

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<v Speaker 2>the next day Felix Valentine stabilizes Officer Lectric went to

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<v Speaker 2>the hospital and Felix told let Ridge and his partner

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<v Speaker 2>that was the Imperial gangsters who had shot him, right.

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<v Speaker 3>Yes, sir, And he left the hospital, went back to

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<v Speaker 3>the police station and came back with an Imperial gangster

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<v Speaker 3>mug buck and lo and behold, Felix Valentine identifies Jose

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<v Speaker 3>Rodriguez and Philip Nevis. And he didn't just identify them,

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<v Speaker 3>he stipulated the participation that each of and he said

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<v Speaker 3>that Jose Rodriguez shot him and Philip Nevis was driving

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<v Speaker 3>the car.

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<v Speaker 2>So this should have been like an open and shutcase.

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<v Speaker 2>But that's not how this goes down. So even though

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<v Speaker 2>Felix found saying the victim in this case tells Officer Electric,

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<v Speaker 2>the responding officers whose attackers were detected. Guevera led the

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<v Speaker 2>investigation a whole nother direction. Now, there's also a witness,

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<v Speaker 2>eleven year old boy from the Imperial Gangster's neighborhood named

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<v Speaker 2>Orlando Lopez, whose sister also happened to be dating Felix's brother,

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<v Speaker 2>and allegedly witnessed the shooting. And he allegedly said, because

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<v Speaker 2>we're not even sure what he actually said is might

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<v Speaker 2>have been fed to him by Gavera. But he allegedly

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<v Speaker 2>says he was standing at an indentation in the alley

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<v Speaker 2>and saw the shooter from the back and described the

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<v Speaker 2>shooter as about five ten dressed in black and gold.

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<v Speaker 2>Now those are Latin King colors, not Imperial Gangster colors.

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<v Speaker 2>What else was alleged?

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<v Speaker 3>He said that the car turned southbound on Spall, which

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<v Speaker 3>is in the direction of the Latin Kings, and was

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<v Speaker 3>for certain that the shooter's hair in the back he

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<v Speaker 3>had a ponytail, and it was dyed like a blond

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<v Speaker 3>gold color.

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<v Speaker 2>And Gavera starts looking for marks depending on in Latin

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<v Speaker 2>King's territory or maybe even had you in mind. So

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<v Speaker 2>how did you do it? How did you get caught

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<v Speaker 2>up in this?

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<v Speaker 3>Gavera came into the neighborhood. I was out there with

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<v Speaker 3>the guys. He drove upon us and he said, I

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<v Speaker 3>need to talk to you. What they used to do

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<v Speaker 3>was use people as fillers in lineups, and I stood

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<v Speaker 3>in a few lineups before. They just said, you know,

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<v Speaker 3>don't worry about it. We know you didn't do it.

0:12:36.720 --> 0:12:39.600
<v Speaker 3>We just need fillers. So and Gavera drove up and

0:12:39.640 --> 0:12:40.800
<v Speaker 3>he said, you know, we want to know if you're

0:12:40.840 --> 0:12:42.920
<v Speaker 3>standing in a lineup. And I just knew it was

0:12:42.960 --> 0:12:45.880
<v Speaker 3>funny because it's like seven to ten guys there and

0:12:45.920 --> 0:12:48.000
<v Speaker 3>you picked me out of everybody.

0:12:48.679 --> 0:12:49.760
<v Speaker 2>Did you fit the description?

0:12:50.520 --> 0:12:52.880
<v Speaker 3>No, not at all. I mean my hair was long

0:12:52.920 --> 0:12:55.600
<v Speaker 3>in the back and never wore it in the ponytail, pigtail,

0:12:55.800 --> 0:12:57.920
<v Speaker 3>none of that, or had it dyed that color or

0:12:57.960 --> 0:12:59.000
<v Speaker 3>any color for that matter.

0:12:59.520 --> 0:13:02.959
<v Speaker 2>So your very approaches you and you feel kind of

0:13:03.000 --> 0:13:05.240
<v Speaker 2>strange about this line of being a filler. But you

0:13:05.320 --> 0:13:08.079
<v Speaker 2>did it before, so what's going through your mind? Is

0:13:08.120 --> 0:13:10.240
<v Speaker 2>this is happening? And what happened?

0:13:10.800 --> 0:13:14.880
<v Speaker 3>I said, something was wrong? And when I hesitated, he

0:13:15.160 --> 0:13:18.000
<v Speaker 3>opened up his coat and moved his coat from around

0:13:18.040 --> 0:13:21.160
<v Speaker 3>his revolver as to say, you could come peacefully, or

0:13:21.160 --> 0:13:23.240
<v Speaker 3>if you could come fortfully, I said, I know aught

0:13:23.320 --> 0:13:25.920
<v Speaker 3>to do nothing wrong, so I went with him. I

0:13:26.000 --> 0:13:29.600
<v Speaker 3>was held in the police station for that day, in

0:13:29.640 --> 0:13:32.320
<v Speaker 3>the whole next day, and then on the third day

0:13:32.960 --> 0:13:37.320
<v Speaker 3>they put me in a lineup with Imperial Gangsters. Why

0:13:37.360 --> 0:13:39.679
<v Speaker 3>would you put me in a lineup with Imperial gangsters?

0:13:39.720 --> 0:13:41.840
<v Speaker 3>If it was the Lame Kings, you did it right.

0:13:41.960 --> 0:13:45.359
<v Speaker 2>That's crazy. And for Orlando Lopez is from the Imperial

0:13:45.400 --> 0:13:48.800
<v Speaker 2>Gangsters territory, he probably knows all those guys. It looks

0:13:48.800 --> 0:13:50.280
<v Speaker 2>a little bit like they might have been trying to

0:13:50.320 --> 0:13:52.679
<v Speaker 2>lead the witness to pick someone that they didn't know.

0:13:53.600 --> 0:13:55.400
<v Speaker 2>So were you identified at that time?

0:13:56.080 --> 0:13:58.280
<v Speaker 3>No, I was not identified. They let me go.

0:13:58.840 --> 0:14:00.920
<v Speaker 2>So that was your first line up with this case,

0:14:00.920 --> 0:14:03.480
<v Speaker 2>and they let you go, and little time passes, so

0:14:03.520 --> 0:14:05.520
<v Speaker 2>you probably think the whole thing is behind you, is

0:14:05.559 --> 0:14:08.480
<v Speaker 2>blown over. But then at this time, if we could

0:14:08.520 --> 0:14:11.000
<v Speaker 2>kind of see like a split screen behind the scenes,

0:14:11.000 --> 0:14:13.839
<v Speaker 2>you're living your life and these two other things are

0:14:13.880 --> 0:14:18.160
<v Speaker 2>going on. First, Felix Mountein's health is rapidly going down.

0:14:18.679 --> 0:14:22.680
<v Speaker 2>He now slips into a coma and eventually dies eighteen

0:14:22.800 --> 0:14:27.359
<v Speaker 2>days after the shooting on September fourteenth, nineteen eighty eight. Meanwhile,

0:14:27.440 --> 0:14:31.520
<v Speaker 2>Cavera he's working in this Orlando Lopez kid. And it's

0:14:31.560 --> 0:14:35.640
<v Speaker 2>believed that Cavera told Lopez that he had visited Felix

0:14:35.680 --> 0:14:39.520
<v Speaker 2>at the hospital and Felix identified you. So then he

0:14:39.600 --> 0:14:43.000
<v Speaker 2>starts pulling Orlando's heartstring and say, this is your sister's

0:14:43.040 --> 0:14:46.000
<v Speaker 2>boyfriend's little brother that could have easily been you. So

0:14:46.400 --> 0:14:50.000
<v Speaker 2>Cavera relates to Orlando, you know the victim told him

0:14:50.200 --> 0:14:52.920
<v Speaker 2>it was Jacques. Rivera basically puts it on this kid,

0:14:53.040 --> 0:14:54.880
<v Speaker 2>like what would you want someone to do for you

0:14:54.920 --> 0:14:58.320
<v Speaker 2>in this particular situation. So now Cavera he rolls up

0:14:58.360 --> 0:15:00.000
<v Speaker 2>on you again exactly.

0:15:00.200 --> 0:15:03.160
<v Speaker 3>So, I was at the Humble Park Institute and here

0:15:03.280 --> 0:15:06.320
<v Speaker 3>the screeching of a car and it's Cavera and his

0:15:06.440 --> 0:15:09.320
<v Speaker 3>partner Harveston, and he said, hey, hey, camera, and I

0:15:09.360 --> 0:15:11.200
<v Speaker 3>went up to them. I put my hands up right around.

0:15:11.400 --> 0:15:13.520
<v Speaker 3>He cucked me up and he says, what car are

0:15:13.520 --> 0:15:16.760
<v Speaker 3>you driving? I said, a white Impalla. So why Cavera

0:15:16.880 --> 0:15:19.960
<v Speaker 3>went to search my car? I'm asking his partner, I said, man,

0:15:20.000 --> 0:15:22.160
<v Speaker 3>what's going on? Man? Joe picked me up by two

0:15:22.160 --> 0:15:23.960
<v Speaker 3>weeks ago, you asked me to stand in line. The

0:15:24.000 --> 0:15:25.600
<v Speaker 3>by standing on line him, I'm let go he says,

0:15:25.640 --> 0:15:28.680
<v Speaker 3>I don't know, this is Devera's case. So Gvera came back.

0:15:28.880 --> 0:15:31.480
<v Speaker 3>He sat me in the squad car and started proceeding

0:15:31.480 --> 0:15:34.600
<v Speaker 3>to Area five police station, and I just kept hounding him.

0:15:34.600 --> 0:15:36.560
<v Speaker 3>I was like, man, what's going on. They didn't buckled

0:15:36.560 --> 0:15:39.120
<v Speaker 3>me in the back seat. So he stopped the car

0:15:39.240 --> 0:15:41.880
<v Speaker 3>real quick, and as I flew forward, he grabbed me

0:15:41.920 --> 0:15:45.360
<v Speaker 3>by my shirt and he says, you're being charged with murder, motherfucker.

0:15:45.640 --> 0:15:47.480
<v Speaker 3>And he pushed me back and he said, now shut

0:15:47.520 --> 0:15:48.160
<v Speaker 3>the fuck up.

0:15:55.520 --> 0:15:59.720
<v Speaker 1>This episode is underwritten by AIG, a leading global insurance company.

0:16:00.120 --> 0:16:03.560
<v Speaker 1>AIG is committed to corporate social responsibility and is making

0:16:03.560 --> 0:16:06.360
<v Speaker 1>a positive difference in the lives of its employees and

0:16:06.400 --> 0:16:09.080
<v Speaker 1>in the communities where we work and live. In light

0:16:09.160 --> 0:16:11.920
<v Speaker 1>of the compelling need for pro bono legal assistance, and

0:16:11.960 --> 0:16:16.000
<v Speaker 1>in recognition of AIG's commitment to criminal and social justice reform,

0:16:16.200 --> 0:16:20.040
<v Speaker 1>the AIG pro Bono Program provides free legal services and

0:16:20.200 --> 0:16:24.440
<v Speaker 1>other support to underrepresented communities and individuals.

0:16:30.000 --> 0:16:32.560
<v Speaker 3>When we get to the police station, they put me

0:16:32.600 --> 0:16:35.920
<v Speaker 3>in a lineup with Latin keeams. This was the second lineup,

0:16:36.120 --> 0:16:38.600
<v Speaker 3>so I said, this time, I'm going to stand dead

0:16:38.920 --> 0:16:41.520
<v Speaker 3>center to make sure where were this witnesses so you

0:16:41.560 --> 0:16:43.200
<v Speaker 3>can see me to know that this is not me.

0:16:43.640 --> 0:16:46.240
<v Speaker 3>Another detector came in and he made the noise like

0:16:46.280 --> 0:16:48.840
<v Speaker 3>a game show, ding ding ding ding ding ding. He said,

0:16:48.880 --> 0:16:51.640
<v Speaker 3>we got a winner. They identified you as the shooter.

0:16:52.720 --> 0:16:54.960
<v Speaker 3>They removed the other gentleman that was in the lineup,

0:16:55.000 --> 0:16:56.720
<v Speaker 3>and they said, did you want to talk about this?

0:16:56.840 --> 0:16:58.600
<v Speaker 3>I said, there's nothing to talk about, man. I said,

0:16:58.800 --> 0:17:00.240
<v Speaker 3>I don't even know what's going on. What do you

0:17:00.280 --> 0:17:02.320
<v Speaker 3>want me to say? And the Gavara came up to me.

0:17:02.320 --> 0:17:04.320
<v Speaker 3>He goes, you know, you can make this easier on yourself.

0:17:04.520 --> 0:17:06.639
<v Speaker 3>Tell us who the shooter was, and we're going to

0:17:06.720 --> 0:17:08.440
<v Speaker 3>put you down for the driver and we're going to

0:17:08.520 --> 0:17:11.280
<v Speaker 3>help you out. I first thought to myself, not only

0:17:11.320 --> 0:17:14.359
<v Speaker 3>do you want me to implicate myself it's something that

0:17:14.400 --> 0:17:18.639
<v Speaker 3>I didn't do, but you want me to implicate somebody else?

0:17:18.960 --> 0:17:20.600
<v Speaker 2>Throw was someone else under the bus too?

0:17:21.040 --> 0:17:21.320
<v Speaker 1>Yeah?

0:17:21.560 --> 0:17:23.880
<v Speaker 3>And I told him you got to be crazy, man,

0:17:24.280 --> 0:17:25.920
<v Speaker 3>I'm not going to confess that somebody didn't do or

0:17:25.960 --> 0:17:28.840
<v Speaker 3>implicate nobody else. He's like, well, that's okay. You don't

0:17:28.840 --> 0:17:30.640
<v Speaker 3>have to tell us something anyway, because you're going down

0:17:30.640 --> 0:17:33.200
<v Speaker 3>for this, and I was like, well, let the procedures begin.

0:17:34.400 --> 0:17:37.120
<v Speaker 2>So during cookkinity jail, I know the experience as far

0:17:37.119 --> 0:17:40.400
<v Speaker 2>as getting locked up, everything takes the fan, So can

0:17:40.440 --> 0:17:41.280
<v Speaker 2>you describe that?

0:17:41.840 --> 0:17:44.600
<v Speaker 3>Honestly, it was just a horrific time. Man. I had

0:17:44.640 --> 0:17:47.720
<v Speaker 3>no contact with my family. My wife was there when

0:17:47.720 --> 0:17:50.399
<v Speaker 3>he picked me up the second time, so she vectually

0:17:50.480 --> 0:17:53.080
<v Speaker 3>got a lawyer that was a family lawyer to a

0:17:53.119 --> 0:17:53.840
<v Speaker 3>friend of hers.

0:17:54.160 --> 0:17:56.080
<v Speaker 2>Now leading up to the actual trial, did you take

0:17:56.080 --> 0:17:57.359
<v Speaker 2>a jury or a bench trial?

0:17:57.760 --> 0:17:59.800
<v Speaker 3>I asked her. Feel my friends and they're like, well,

0:17:59.800 --> 0:18:02.080
<v Speaker 3>I have twelve people to say my fate stood of

0:18:02.119 --> 0:18:04.120
<v Speaker 3>one person. Man, I would take a jury. I would

0:18:04.119 --> 0:18:06.040
<v Speaker 3>take a jury. I would take a jury. Soap On

0:18:06.160 --> 0:18:07.840
<v Speaker 3>going back to court, my lawd is like, have you

0:18:07.880 --> 0:18:09.280
<v Speaker 3>come to a conclusion of what you want to do?

0:18:09.359 --> 0:18:11.040
<v Speaker 3>I was like, well, I think I want to take

0:18:11.040 --> 0:18:14.520
<v Speaker 3>a jury, and he's like, oh no, no, no, no, no, listen, listen.

0:18:14.600 --> 0:18:18.280
<v Speaker 3>We're out here in Skulky. These people out here read

0:18:18.640 --> 0:18:21.240
<v Speaker 3>and see on the news all day long about gang

0:18:21.280 --> 0:18:23.800
<v Speaker 3>related murders. He's like, I think we stand a better

0:18:23.880 --> 0:18:26.399
<v Speaker 3>chance of this judge. He's a good judge, and not

0:18:26.600 --> 0:18:30.400
<v Speaker 3>knowing the judges background being involved in the gray Lord operation,

0:18:30.840 --> 0:18:32.720
<v Speaker 3>I was think, well, you're my attorney, man, I got

0:18:32.760 --> 0:18:34.760
<v Speaker 3>confidence in you, so we took a bench trial.

0:18:35.359 --> 0:18:38.600
<v Speaker 2>Now you mentioned Operation gray Lord, which is perhaps even

0:18:38.640 --> 0:18:42.520
<v Speaker 2>more weighty as far as judicial import even more important

0:18:42.560 --> 0:18:46.480
<v Speaker 2>than this rogue detective conveyra. And for the listeners who

0:18:46.520 --> 0:18:50.720
<v Speaker 2>don't know Operation gray Lord, what's the largest corruption bus

0:18:50.760 --> 0:18:54.359
<v Speaker 2>in United States history? Comes straight out Cook County or

0:18:54.400 --> 0:18:57.399
<v Speaker 2>should they say Cook County, Illinois. It led to an

0:18:57.520 --> 0:19:02.920
<v Speaker 2>unprecedented number of indictments against public officials that got seventeen judges,

0:19:03.000 --> 0:19:08.679
<v Speaker 2>forty eight lawyers, eight cops, ten deputy sheriffs, eight court officials,

0:19:08.800 --> 0:19:12.000
<v Speaker 2>and one good old legislator. Can't leave him out, Your

0:19:12.119 --> 0:19:15.240
<v Speaker 2>judge was one of the many judges investigated in this

0:19:15.359 --> 0:19:19.600
<v Speaker 2>sting operation. The Honorable Judge Michael Close was alleged to

0:19:19.680 --> 0:19:22.440
<v Speaker 2>have taken a bride in a case not connected to

0:19:22.520 --> 0:19:25.600
<v Speaker 2>this one. But nevertheless, it was still alleged that one

0:19:25.600 --> 0:19:28.640
<v Speaker 2>of these two defendants fighting a murder case and front

0:19:28.760 --> 0:19:32.080
<v Speaker 2>Judge Close, Robert Bridges, paid twenty five thousand dollars so

0:19:32.119 --> 0:19:34.439
<v Speaker 2>that he would obtain a not guilty verdict in his

0:19:34.560 --> 0:19:38.800
<v Speaker 2>bench trial. And this Rappie John Carterlino, who also had

0:19:38.840 --> 0:19:44.200
<v Speaker 2>judge close, would be conversely found guilty. So, unbeknownst to you, Jock,

0:19:44.359 --> 0:19:47.240
<v Speaker 2>you're having a bench trial, so your whole life is

0:19:47.320 --> 0:19:53.160
<v Speaker 2>placed in this judge's hands, who's obviously morally compromised. So, Jock,

0:19:53.240 --> 0:19:55.600
<v Speaker 2>what was presented against you? What did they actually use

0:19:55.720 --> 0:19:56.399
<v Speaker 2>during the trial?

0:19:56.840 --> 0:20:00.840
<v Speaker 3>The prosecution put Alando Lopez understand He was pryed up

0:20:01.000 --> 0:20:03.960
<v Speaker 3>by Gevera to say that he saw it man from

0:20:04.000 --> 0:20:07.480
<v Speaker 3>the back, about five ten, wearing black and gold with

0:20:07.640 --> 0:20:11.320
<v Speaker 3>a gold dyed ponytail. He said that the man shot

0:20:11.400 --> 0:20:15.160
<v Speaker 3>Felix and hopped into a ghettoray card that went down Spalding.

0:20:15.280 --> 0:20:17.679
<v Speaker 3>When asked if he got a look at the shooter's face,

0:20:17.880 --> 0:20:20.000
<v Speaker 3>he said that he only caught a glimpse of the shooter,

0:20:20.440 --> 0:20:23.160
<v Speaker 3>always looking at the back of the shooter. When asked

0:20:23.160 --> 0:20:25.800
<v Speaker 3>if he could point to the shooter and cord today,

0:20:26.000 --> 0:20:28.600
<v Speaker 3>he said it was me and he pointed at me.

0:20:29.440 --> 0:20:32.520
<v Speaker 3>I was going crazy at that moment, you know, in

0:20:32.560 --> 0:20:35.480
<v Speaker 3>my mind saying you're fucking lying man, Why are you

0:20:35.600 --> 0:20:37.720
<v Speaker 3>doing this? Why are you saying that this is me?

0:20:37.800 --> 0:20:40.520
<v Speaker 3>And you know, Dan wat I didn't do the shooting.

0:20:40.920 --> 0:20:44.320
<v Speaker 3>Then Gevera got understand and said that when he arrested

0:20:44.359 --> 0:20:47.320
<v Speaker 3>me that I had a ponytail which was dyed gold

0:20:47.400 --> 0:20:49.679
<v Speaker 3>or blind in the back, which of course it never was.

0:20:50.320 --> 0:20:54.720
<v Speaker 3>And then Vera said he visited the victim, Felix Valentine

0:20:54.720 --> 0:20:57.040
<v Speaker 3>in the hospital, maybe a couple of days, if not

0:20:57.119 --> 0:20:59.800
<v Speaker 3>a week before he died, and that he identified me

0:21:00.080 --> 0:21:03.640
<v Speaker 3>to shoot her out of a photo lineup. My defense

0:21:03.680 --> 0:21:05.800
<v Speaker 3>put on Officer Lectrice, who was the officer that was

0:21:05.800 --> 0:21:09.320
<v Speaker 3>on the scene who spoke to the victim. So upon

0:21:09.480 --> 0:21:13.600
<v Speaker 3>Officer Lectrich she didn't understand, the state intervened and they

0:21:13.600 --> 0:21:16.840
<v Speaker 3>had a sidebar and Judge Close said, I'm only going

0:21:16.880 --> 0:21:20.520
<v Speaker 3>to allow competent evidence, and so he would not allow

0:21:20.920 --> 0:21:26.000
<v Speaker 3>Officer Lectererates to testify that Felix Valentine, the victim, has

0:21:26.000 --> 0:21:28.400
<v Speaker 3>said that jose Rod Jugius was the one who shot

0:21:28.440 --> 0:21:30.760
<v Speaker 3>him and Philip Neaviz was the one that was driving

0:21:30.800 --> 0:21:33.119
<v Speaker 3>the car. He was only allowed to say that he

0:21:33.240 --> 0:21:35.800
<v Speaker 3>was on the scene and he visited the victim, and

0:21:36.080 --> 0:21:39.639
<v Speaker 3>he attempted to arrest two individuals in this case, and

0:21:39.840 --> 0:21:40.840
<v Speaker 3>basically that was it.

0:21:41.320 --> 0:21:45.200
<v Speaker 2>So if I'm understandings, you're saying the rich who's got

0:21:45.240 --> 0:21:48.240
<v Speaker 2>a dying declaration from the victim in the hospital who

0:21:48.320 --> 0:21:51.320
<v Speaker 2>shot him. For some reason, this is not competent or

0:21:51.359 --> 0:21:54.520
<v Speaker 2>credible evidence in his eyes, exactly.

0:21:54.840 --> 0:21:58.159
<v Speaker 3>I couldn't believe it. And then my alibi was the

0:21:58.200 --> 0:22:01.000
<v Speaker 3>mother of my kids, saw my atturney. He's telling me, well,

0:22:01.040 --> 0:22:03.440
<v Speaker 3>they're gonna say she's biased because she's the mother of

0:22:03.480 --> 0:22:05.800
<v Speaker 3>your kids. And then she went life for you. They

0:22:05.840 --> 0:22:07.840
<v Speaker 3>try to say that, well, if miss Rivera was actually

0:22:07.840 --> 0:22:10.400
<v Speaker 3>at home with his wife at the time of the shooting,

0:22:10.640 --> 0:22:12.399
<v Speaker 3>the defense would have put her on the stand. And

0:22:12.400 --> 0:22:14.680
<v Speaker 3>my lawyer was like, we object, you're on it. We're

0:22:14.720 --> 0:22:17.800
<v Speaker 3>not underneath now obligation to present a defense from the

0:22:17.840 --> 0:22:20.439
<v Speaker 3>corn the hell told him that you're supposed to represent me,

0:22:20.520 --> 0:22:22.800
<v Speaker 3>you know. And then my lawyer says, well, the state

0:22:22.840 --> 0:22:25.000
<v Speaker 3>would have said she was biased anyways.

0:22:24.760 --> 0:22:28.800
<v Speaker 2>So you found guilty. Bring us to that moment right.

0:22:28.560 --> 0:22:32.080
<v Speaker 3>Then, about the closing arguments, I actually thought that Judge

0:22:32.119 --> 0:22:34.400
<v Speaker 3>Clothes was gonna take some time and go back into

0:22:34.440 --> 0:22:37.680
<v Speaker 3>his chambers and consider all the evidence and come back

0:22:37.720 --> 0:22:40.720
<v Speaker 3>and gave his decision. But right there, understand, after the

0:22:40.760 --> 0:22:43.520
<v Speaker 3>closing arguments, he said, well, I came to my conclusion

0:22:43.680 --> 0:22:45.960
<v Speaker 3>and I find the defender guilty. And I was like,

0:22:46.160 --> 0:22:48.800
<v Speaker 3>wait a minute, man. You know, he didn't even take

0:22:48.920 --> 0:22:51.960
<v Speaker 3>ten to fifteen minutes. He just came straight down and said,

0:22:51.960 --> 0:22:53.439
<v Speaker 3>I find the defender guilty, and I was just like,

0:22:53.520 --> 0:22:56.679
<v Speaker 3>oh my goodness. He went back for satan See and

0:22:56.800 --> 0:23:00.160
<v Speaker 3>he gave me sixty years for the murder, for the shooting,

0:23:00.280 --> 0:23:03.000
<v Speaker 3>he gave me twenty years for Wooto and the heidious,

0:23:03.200 --> 0:23:06.240
<v Speaker 3>and then he gave me five for the UUW the

0:23:06.320 --> 0:23:09.320
<v Speaker 3>gun which they never had. Front of all, I was

0:23:09.320 --> 0:23:12.080
<v Speaker 3>worried about my family, the mother of my kids, my kids,

0:23:12.200 --> 0:23:14.640
<v Speaker 3>What's going to happen to them? But I knew at

0:23:14.640 --> 0:23:16.800
<v Speaker 3>that point that I had to prepare for what I

0:23:16.800 --> 0:23:32.399
<v Speaker 3>was going into. I wind up in the State Real

0:23:32.480 --> 0:23:34.920
<v Speaker 3>Correctional Center June of ninety.

0:23:35.080 --> 0:23:38.480
<v Speaker 2>Right, I was actually there in eighty nine. So can

0:23:38.520 --> 0:23:41.439
<v Speaker 2>you describe that? What's this like? What's this environment to you?

0:23:41.960 --> 0:23:44.639
<v Speaker 3>Well, the only thing that saved me was the gang

0:23:44.680 --> 0:23:47.000
<v Speaker 3>that I rode with. They were already waiting for me

0:23:47.080 --> 0:23:49.280
<v Speaker 3>to come in. They meet you downstairs while you're in

0:23:49.280 --> 0:23:52.080
<v Speaker 3>the bullpen, and they go tell the sergeant, hey, this

0:23:52.119 --> 0:23:53.360
<v Speaker 3>is one of ours. Put them up there.

0:23:53.400 --> 0:23:56.640
<v Speaker 2>With us because the gangs at that time they considered

0:23:56.640 --> 0:24:01.000
<v Speaker 2>themselves owning the cells exactly, and the officers put the

0:24:01.000 --> 0:24:04.600
<v Speaker 2>response building on the gang chiefs to keep the Indians

0:24:04.600 --> 0:24:06.840
<v Speaker 2>in mind and find them a sell.

0:24:07.000 --> 0:24:09.880
<v Speaker 3>So by I'm walking out seven gallery, I looked down

0:24:09.880 --> 0:24:12.560
<v Speaker 3>to one gallery and I see this guy hit this

0:24:12.720 --> 0:24:16.400
<v Speaker 3>officer with a baseball back boom, and I went, oh

0:24:16.480 --> 0:24:19.159
<v Speaker 3>my goodness, and they put me in the cell. It

0:24:19.160 --> 0:24:21.320
<v Speaker 3>was an empty cell and we went on a ninety

0:24:21.400 --> 0:24:25.439
<v Speaker 3>day lockdown in the middle of June in ninety ninety

0:24:25.440 --> 0:24:28.720
<v Speaker 3>five degree weather. I had no salt, no shampoo, I

0:24:28.760 --> 0:24:31.640
<v Speaker 3>had nothing. And then during the second month of being

0:24:31.680 --> 0:24:34.040
<v Speaker 3>on the lockdown, they sent another key up there who

0:24:34.160 --> 0:24:35.960
<v Speaker 3>was just coming in and they put him in the

0:24:36.000 --> 0:24:38.320
<v Speaker 3>cell with me. So we got along pretty good, and

0:24:38.359 --> 0:24:41.120
<v Speaker 3>we came out for lockdown. You know, we never even

0:24:41.160 --> 0:24:43.880
<v Speaker 3>made it to the childhall. Aucers came up there, ketus out.

0:24:44.400 --> 0:24:47.840
<v Speaker 3>We came out the cells and hear the gun go out,

0:24:47.880 --> 0:24:49.040
<v Speaker 3>boom boom.

0:24:49.520 --> 0:24:51.600
<v Speaker 2>Back on lockdown, Homie, back on lockdown.

0:24:51.720 --> 0:24:54.800
<v Speaker 3>Six months of lockdown, A first entering the prison system,

0:24:54.920 --> 0:24:56.960
<v Speaker 3>and it was hell, pure hell.

0:24:57.640 --> 0:25:00.240
<v Speaker 2>Did you try to like study law? What was your

0:25:00.359 --> 0:25:02.760
<v Speaker 2>mental process as far as how you were going to

0:25:02.760 --> 0:25:03.200
<v Speaker 2>get out.

0:25:03.160 --> 0:25:05.639
<v Speaker 3>Of there, well, I couldn't study nothing because we was

0:25:05.640 --> 0:25:09.160
<v Speaker 3>on a lockdown. We couldn't go nowhere. Nobody really had

0:25:09.200 --> 0:25:13.080
<v Speaker 3>any law books. Amazingly enough, before I left the county jail,

0:25:13.160 --> 0:25:16.080
<v Speaker 3>somebody told me, listen, man, file for your notice of appeal,

0:25:16.119 --> 0:25:18.439
<v Speaker 3>because you only got thirty days to do this. So

0:25:18.600 --> 0:25:20.680
<v Speaker 3>I filed it in the county jail. I was telling

0:25:20.720 --> 0:25:22.560
<v Speaker 3>my wife, I said, listen, I got all this time.

0:25:22.760 --> 0:25:25.080
<v Speaker 3>Ain't no such a U weren't around for me, you know,

0:25:25.200 --> 0:25:26.880
<v Speaker 3>just move on with your life. She said, well, let's

0:25:26.920 --> 0:25:29.600
<v Speaker 3>wait to see what happens to the appeal process. I

0:25:29.680 --> 0:25:32.840
<v Speaker 3>got that dreaded letter, sorry Jacques, to infarm you that

0:25:32.960 --> 0:25:35.720
<v Speaker 3>they upon the cart that denied our petition today and

0:25:35.720 --> 0:25:38.280
<v Speaker 3>blah blah, blah blah. I think at that point I

0:25:38.320 --> 0:25:39.160
<v Speaker 3>started to lose home.

0:25:39.600 --> 0:25:42.560
<v Speaker 2>And so now you're done with your direct appeal. Do

0:25:42.640 --> 0:25:44.399
<v Speaker 2>you remember, like what year this was?

0:25:44.840 --> 0:25:46.800
<v Speaker 3>Ninety five, ninety six? Maybe?

0:25:47.000 --> 0:25:49.440
<v Speaker 2>So how did you first hear about Northwestern Center Run

0:25:49.520 --> 0:25:52.600
<v Speaker 2>for Convictions. I know they get thousands of letters every

0:25:52.680 --> 0:25:56.960
<v Speaker 2>year from inmates seeking representation. They represented me, but they

0:25:56.960 --> 0:26:00.080
<v Speaker 2>had told me no three times prior. Do you know what,

0:26:00.080 --> 0:26:02.200
<v Speaker 2>what major case stand out to them.

0:26:02.040 --> 0:26:06.120
<v Speaker 3>Actually was Detective Guervera. After losing that direct appeal and

0:26:06.160 --> 0:26:08.440
<v Speaker 3>knowing well was ahead of me, I got to start

0:26:08.440 --> 0:26:11.159
<v Speaker 3>reaching out to people and the lawle I buried in

0:26:11.240 --> 0:26:14.040
<v Speaker 3>State villed They have a list of pro bone attorneys

0:26:14.080 --> 0:26:16.600
<v Speaker 3>and law firms that would help with cases and stuff

0:26:16.640 --> 0:26:20.240
<v Speaker 3>like that. So I wrote Northwestern and Katherine Crawford was

0:26:20.280 --> 0:26:23.200
<v Speaker 3>one of the attorneys there who contacted me. And because

0:26:23.200 --> 0:26:27.720
<v Speaker 3>we're not taking your case, were just investigating Detective Guerverra

0:26:28.080 --> 0:26:29.720
<v Speaker 3>and we just want to ask you some questions. If

0:26:29.720 --> 0:26:32.560
<v Speaker 3>we should happen to come upon something, then we'll be

0:26:32.680 --> 0:26:35.400
<v Speaker 3>interested in taking the case. She stated that they were

0:26:35.480 --> 0:26:39.000
<v Speaker 3>trying to find the eyewitness with Alando Lopez. She goes,

0:26:39.040 --> 0:26:40.800
<v Speaker 3>you know, you have a good case, but you have

0:26:40.840 --> 0:26:42.960
<v Speaker 3>a bad case. You got a good case because you

0:26:43.040 --> 0:26:46.959
<v Speaker 3>was convicted on a single identification, no physical evidence, but

0:26:47.000 --> 0:26:49.080
<v Speaker 3>it's a bad case because there's no evidence that's not

0:26:49.200 --> 0:26:51.880
<v Speaker 3>for us to go on other than this eyewitness, and

0:26:52.000 --> 0:26:53.560
<v Speaker 3>we've been trying to locate them.

0:26:53.720 --> 0:26:56.560
<v Speaker 2>So then in twenty ten, with the advance of this

0:26:56.720 --> 0:27:01.000
<v Speaker 2>search engine tech, Northwestern locates the only way it's against you,

0:27:01.119 --> 0:27:04.359
<v Speaker 2>Orlando Lopez. It's been twenty three years since his false

0:27:04.400 --> 0:27:06.760
<v Speaker 2>identification in you So what happens next?

0:27:07.040 --> 0:27:09.320
<v Speaker 3>They went to his home and he answered the door

0:27:09.720 --> 0:27:11.560
<v Speaker 3>and they give him their car to tell them who

0:27:11.600 --> 0:27:13.359
<v Speaker 3>they was. He goes, I know who you're here for.

0:27:13.640 --> 0:27:16.920
<v Speaker 3>You're here for Jacques Rivera. And according to their statement,

0:27:17.200 --> 0:27:19.920
<v Speaker 3>he just kept saying, you know, this is all about redemption.

0:27:20.359 --> 0:27:22.359
<v Speaker 3>He says, First of all, I didn't even know Jacques

0:27:22.400 --> 0:27:24.159
<v Speaker 3>Rivera was still locked up. He goes, I don't even

0:27:24.200 --> 0:27:27.200
<v Speaker 3>know what happened to the case. He needed to clear

0:27:27.240 --> 0:27:30.119
<v Speaker 3>his conscience of this, and he's got three boys. He

0:27:30.160 --> 0:27:32.439
<v Speaker 3>said he couldn't look at them in the face knowing

0:27:32.840 --> 0:27:35.840
<v Speaker 3>that something like this can happen to them. They asked

0:27:35.880 --> 0:27:39.479
<v Speaker 3>them about nineteen eighty eight, the Phenix Volunteer shooting, and

0:27:39.560 --> 0:27:42.879
<v Speaker 3>he proceeded to say what transpired that day, and he

0:27:43.119 --> 0:27:45.800
<v Speaker 3>just stated that he was there and he saw somebody

0:27:45.880 --> 0:27:48.280
<v Speaker 3>and detect them. Another Gavera picked them up two days

0:27:48.480 --> 0:27:51.240
<v Speaker 3>maybe three days after shooting. He was showing a lineup

0:27:51.280 --> 0:27:54.680
<v Speaker 3>to identify somebody and he made no identification, and then

0:27:54.720 --> 0:27:57.439
<v Speaker 3>he proceeded to saying that a couple of days later,

0:27:57.800 --> 0:28:01.360
<v Speaker 3>as he's walking to school, he sees the guy who

0:28:01.480 --> 0:28:05.639
<v Speaker 3>actually shot and killed Felix Valentine, and he says he

0:28:05.760 --> 0:28:09.200
<v Speaker 3>knows he's the guy because he had the same pants

0:28:09.240 --> 0:28:12.919
<v Speaker 3>and jacket on, and he said to himself, this is

0:28:12.960 --> 0:28:15.640
<v Speaker 3>the guy who did it. It was a Jacques Rivera.

0:28:16.160 --> 0:28:18.119
<v Speaker 3>But he's twelve years old. He don't know what to do.

0:28:18.560 --> 0:28:21.399
<v Speaker 2>So Orlando knew what Felix knew, but none of this

0:28:21.520 --> 0:28:25.119
<v Speaker 2>mattered to Detective Cavera, So how does he handle this

0:28:25.160 --> 0:28:27.800
<v Speaker 2>eleven year old kid or mishandled however you want to

0:28:27.800 --> 0:28:28.160
<v Speaker 2>put it.

0:28:28.400 --> 0:28:32.440
<v Speaker 3>So now here we go with Detective Goavera telling him

0:28:32.480 --> 0:28:36.000
<v Speaker 3>that this is the guy we believe who killed your

0:28:36.040 --> 0:28:39.400
<v Speaker 3>sister's boyfriend's brother, and we need you to get this guy.

0:28:39.520 --> 0:28:41.120
<v Speaker 3>We need to get him off the street so he

0:28:41.120 --> 0:28:44.840
<v Speaker 3>doesn't kill nobody else. And Lando Lopez is like, you

0:28:44.880 --> 0:28:48.280
<v Speaker 3>don't understand, it's not him. He said, I seen the

0:28:48.320 --> 0:28:52.560
<v Speaker 3>real guy. This is not the guy. So Gevera proceeds

0:28:52.600 --> 0:28:57.040
<v Speaker 3>with saying, well, this is what Felix Valentine said. Solando Lopez.

0:28:57.120 --> 0:29:00.239
<v Speaker 3>He says they weren't listening to him. He said, well,

0:29:00.240 --> 0:29:01.640
<v Speaker 3>if they're not going to listen to me, and this

0:29:01.720 --> 0:29:03.920
<v Speaker 3>is his testimon He said he proceeded to make the

0:29:03.960 --> 0:29:06.960
<v Speaker 3>identification of me knowing that it wasn't me.

0:29:07.400 --> 0:29:10.480
<v Speaker 2>So now the only witness in the case, Orlando Lopez,

0:29:10.680 --> 0:29:15.040
<v Speaker 2>he recanted on record, you got also electrics. He's standing

0:29:15.080 --> 0:29:20.160
<v Speaker 2>by this original identification that Felix made prior to his passing.

0:29:20.680 --> 0:29:23.680
<v Speaker 2>So all you really have to get around now is

0:29:23.840 --> 0:29:26.800
<v Speaker 2>whether Felix had changed his story prior to passing and

0:29:26.920 --> 0:29:30.719
<v Speaker 2>made a dying declaration to Guevera to somehow implicate you,

0:29:31.160 --> 0:29:33.840
<v Speaker 2>that is when and if he ever even spoke to Cavera.

0:29:34.320 --> 0:29:37.120
<v Speaker 3>So now my attorneys they find the doctor that was

0:29:37.160 --> 0:29:39.240
<v Speaker 3>taking care of Felix Valentine while he was set in

0:29:39.320 --> 0:29:42.120
<v Speaker 3>intensive care. The doctor said it was impossible for the

0:29:42.120 --> 0:29:45.680
<v Speaker 3>Felix Valenteer to identify anybody because at that stage he

0:29:45.760 --> 0:29:50.320
<v Speaker 3>had stipped into a coma. So very fabricated that whole

0:29:50.400 --> 0:29:54.800
<v Speaker 3>line of procedure. And when my lawyers asked for that lineup,

0:29:54.920 --> 0:29:56.560
<v Speaker 3>they said, what was these not a photos? Because when

0:29:56.560 --> 0:29:59.680
<v Speaker 3>you make an identification of somebody, you put that into evidence.

0:30:00.000 --> 0:30:03.280
<v Speaker 3>They could have produced the photos because it never took place.

0:30:04.440 --> 0:30:07.680
<v Speaker 2>So as this evidence is coming out, how is the

0:30:07.720 --> 0:30:11.360
<v Speaker 2>cook Cary State's attorney's office. How are they responding to

0:30:11.440 --> 0:30:12.520
<v Speaker 2>these allegations.

0:30:13.200 --> 0:30:17.120
<v Speaker 3>Darren O'Brien, who was a station's attorney, he offers me

0:30:17.160 --> 0:30:19.840
<v Speaker 3>a plea deal. My attorney, he came down to Stateville

0:30:19.840 --> 0:30:22.240
<v Speaker 3>to see me and she said, I know how you

0:30:22.280 --> 0:30:23.960
<v Speaker 3>feel about this, but I still have to bring it

0:30:24.040 --> 0:30:26.600
<v Speaker 3>to you. They offered you a plea deal. It's Wednesday,

0:30:26.840 --> 0:30:28.080
<v Speaker 3>you can be home by Friday.

0:30:28.720 --> 0:30:30.760
<v Speaker 2>Now you'd be surprised because a lot of people would

0:30:30.840 --> 0:30:34.120
<v Speaker 2>jump on this. I know people personally have jumped on this. Myself,

0:30:34.160 --> 0:30:37.040
<v Speaker 2>I wouldn't even have no talk of a plea bargain now.

0:30:37.040 --> 0:30:40.240
<v Speaker 2>I've also seen the state's attorneys when they're about to

0:30:40.280 --> 0:30:43.600
<v Speaker 2>lose one of these long protracted court battles with someone

0:30:43.680 --> 0:30:48.400
<v Speaker 2>locked up, start using continuance after continuance is almost like

0:30:48.440 --> 0:30:51.400
<v Speaker 2>a weapon of choice, not just to wear down the

0:30:51.480 --> 0:30:54.000
<v Speaker 2>resolve and get you to take a plea deal, but

0:30:54.400 --> 0:30:57.560
<v Speaker 2>even wave your right to file for a certificate innocence

0:30:57.600 --> 0:30:59.840
<v Speaker 2>and not come after them with any type of civil

0:30:59.840 --> 0:31:02.360
<v Speaker 2>lif I built you, you know, knowing like this is

0:31:02.400 --> 0:31:04.760
<v Speaker 2>out their playbook, this is what they do. They tried

0:31:04.800 --> 0:31:07.040
<v Speaker 2>to wear you down. Were you tempted at all take

0:31:07.040 --> 0:31:07.520
<v Speaker 2>the plea.

0:31:07.400 --> 0:31:12.080
<v Speaker 3>Deal, Absolutely not, because my heart was for the victim's family,

0:31:12.120 --> 0:31:15.040
<v Speaker 3>and that's the guy on the street. What price would

0:31:15.080 --> 0:31:18.440
<v Speaker 3>I pay for my freedom? So mint is something that

0:31:18.480 --> 0:31:22.080
<v Speaker 3>I didn't do. And to lie to this victor's family

0:31:22.560 --> 0:31:25.880
<v Speaker 3>and tell them, yeah, I killed your son, absolutely not.

0:31:26.480 --> 0:31:28.920
<v Speaker 3>I said, I got twenty plus years left. If I

0:31:28.960 --> 0:31:30.760
<v Speaker 3>have to go back to do this, I'd be more

0:31:30.760 --> 0:31:32.200
<v Speaker 3>than happy to go back to do it with it

0:31:32.320 --> 0:31:34.920
<v Speaker 3>not only a clear conscience, but with a happy heart.

0:31:35.200 --> 0:31:37.200
<v Speaker 2>So from the time they brought you the plete deal,

0:31:37.240 --> 0:31:39.640
<v Speaker 2>how much longer before you're actually in court on the hearing?

0:31:39.880 --> 0:31:44.000
<v Speaker 3>It was about six months and then January twenty eleven,

0:31:44.080 --> 0:31:47.920
<v Speaker 3>Judge Clothes retired and passed away. You know the station

0:31:47.920 --> 0:31:49.360
<v Speaker 3>a China said well, we're going to keep it here

0:31:49.360 --> 0:31:51.800
<v Speaker 3>in Cot County, and they appointed me a judge which

0:31:51.840 --> 0:31:54.200
<v Speaker 3>was near Walsh who just came out of the Statue

0:31:54.200 --> 0:31:58.120
<v Speaker 3>Attorney's office. Lando Lopez came in to testify and his

0:31:58.360 --> 0:32:02.080
<v Speaker 3>testimony was, why mad to me is that I'm here

0:32:02.120 --> 0:32:05.320
<v Speaker 3>today the state that that man and he pointed right

0:32:05.360 --> 0:32:09.240
<v Speaker 3>at me. Jacques Vera was not the man who shoot

0:32:09.280 --> 0:32:12.320
<v Speaker 3>and killed Phoenix Vanentin back in nineteen eighty eight. And

0:32:12.400 --> 0:32:14.280
<v Speaker 3>I was like, Colle lujah.

0:32:15.440 --> 0:32:19.240
<v Speaker 2>So Judge nearro Wash ruled that Lopez's recantation was credible,

0:32:19.720 --> 0:32:21.920
<v Speaker 2>stating that the only reason the court sees for this

0:32:22.040 --> 0:32:25.960
<v Speaker 2>recantation now is a desire to correct a mistake. And

0:32:26.040 --> 0:32:29.280
<v Speaker 2>she ordered a new trial for you. And then October fourth,

0:32:29.280 --> 0:32:32.000
<v Speaker 2>twenty eleven, could Carrie. Prosecutors announced that they did not

0:32:32.080 --> 0:32:35.360
<v Speaker 2>intend to proceed on new trial and dismiss all charges.

0:32:35.400 --> 0:32:38.480
<v Speaker 2>And you were freed that day. Take me to that moment.

0:32:38.520 --> 0:32:42.160
<v Speaker 3>Oh my gun, as I finally said. And it took

0:32:42.360 --> 0:32:46.880
<v Speaker 3>this long to do all this, twenty three years man.

0:32:47.400 --> 0:32:51.120
<v Speaker 2>So you were awarded a certificate of innocence, and you

0:32:51.160 --> 0:32:54.640
<v Speaker 2>were awarded two hundred and eight thousand dollars in state compensation.

0:32:54.880 --> 0:32:57.640
<v Speaker 2>And that same year you filed a lawsuit against Chicago

0:32:57.640 --> 0:33:01.320
<v Speaker 2>Police detective Gavera and others for bearing evidence and pressuing

0:33:01.400 --> 0:33:05.240
<v Speaker 2>witnesses that falsely identify you. In June twenty eighteen, you

0:33:05.280 --> 0:33:10.800
<v Speaker 2>were awarded over seventeen million. Yes, that is amazing. How

0:33:10.840 --> 0:33:12.120
<v Speaker 2>do you look back on this?

0:33:12.800 --> 0:33:15.160
<v Speaker 3>I mean, for me, it's water under the bridge, although

0:33:15.160 --> 0:33:17.400
<v Speaker 3>it does still affect me in some ways.

0:33:17.720 --> 0:33:20.400
<v Speaker 2>Right, you're fifty six. Now this is a long ordeal.

0:33:20.640 --> 0:33:23.040
<v Speaker 3>Yeah, and I'm just glad to be home with my friends,

0:33:23.120 --> 0:33:27.400
<v Speaker 3>most appointly my kids, which devastated our relationship being away

0:33:27.440 --> 0:33:30.080
<v Speaker 3>from them. My daughter, she was six months old. She

0:33:30.080 --> 0:33:32.160
<v Speaker 3>don't even know who I am. Well. My boys, on

0:33:32.200 --> 0:33:34.600
<v Speaker 3>the other hand, is different, but we still have issues.

0:33:34.800 --> 0:33:37.800
<v Speaker 3>We're working at them, trying to be a family. I'm

0:33:37.840 --> 0:33:41.160
<v Speaker 3>just grateful for it, only because I don't really need nothing, Patrick.

0:33:41.240 --> 0:33:44.000
<v Speaker 3>I try to help other people, and that's what I'm doing.

0:33:44.040 --> 0:33:47.400
<v Speaker 3>I'm in restorative justice work now. I accept calls for

0:33:47.520 --> 0:33:50.160
<v Speaker 3>guys from the prisons, anything they might need, try to

0:33:50.160 --> 0:33:52.800
<v Speaker 3>hook them up with attorneys or put them involved with

0:33:52.920 --> 0:33:56.200
<v Speaker 3>rafakavicious centers. I just try to do my part. You know.

0:33:56.280 --> 0:33:58.200
<v Speaker 3>I know that I left behind a lot of good

0:33:58.240 --> 0:34:00.640
<v Speaker 3>brothers who are innocent, and a lot of them who

0:34:00.680 --> 0:34:03.120
<v Speaker 3>said they're guilty but they have remorse. But I'm not

0:34:03.120 --> 0:34:04.520
<v Speaker 3>going to leave them there just like that.

0:34:04.920 --> 0:34:07.120
<v Speaker 2>So if you could get the listeners to help out,

0:34:07.240 --> 0:34:09.680
<v Speaker 2>to join in, what would you implore them to do.

0:34:10.000 --> 0:34:14.359
<v Speaker 3>There's so many rawful conviction centers, the Exoneration Project, the

0:34:14.360 --> 0:34:17.880
<v Speaker 3>Innocence Project in New York, the Center Ralfa Convictions, the

0:34:17.880 --> 0:34:21.480
<v Speaker 3>Bloom Legal Clanic Kid in Chicago definitely could use some support.

0:34:21.680 --> 0:34:25.120
<v Speaker 3>Some of its finance, some of it's just volunteer works.

0:34:25.160 --> 0:34:28.960
<v Speaker 3>So many innocence projects that could be supported need attorneys

0:34:29.000 --> 0:34:33.200
<v Speaker 3>to volunteer their time pro bono investigators, but help is

0:34:33.200 --> 0:34:33.960
<v Speaker 3>always needed.

0:34:34.520 --> 0:34:36.400
<v Speaker 2>We'll have links in the bio and now we go

0:34:36.440 --> 0:34:38.800
<v Speaker 2>to the closing portion of our show. I want to

0:34:38.840 --> 0:34:42.279
<v Speaker 2>thank the listeners and I want to thank Jason Flam

0:34:42.480 --> 0:34:44.839
<v Speaker 2>for having me. I want to keep the tradition going.

0:34:45.480 --> 0:34:48.799
<v Speaker 2>I want allow Jack Rivera have the last word. So

0:34:48.800 --> 0:34:51.600
<v Speaker 2>I'm going to turn my mic off, turn my headphones up,

0:34:51.920 --> 0:34:53.200
<v Speaker 2>and let you just say your thing.

0:34:53.960 --> 0:34:56.759
<v Speaker 3>Don't ever give up, hope man. And that's not only

0:34:56.800 --> 0:35:00.120
<v Speaker 3>done with Rafael convictions. That's dealing with everyday life. God

0:35:00.280 --> 0:35:02.000
<v Speaker 3>is a great God, and he loves us and he

0:35:02.000 --> 0:35:04.440
<v Speaker 3>cares about us. A lot of people don't realize that.

0:35:04.640 --> 0:35:06.719
<v Speaker 3>I didn't realize that. I'm letting you know there is

0:35:06.760 --> 0:35:09.440
<v Speaker 3>a God and he delivered me from an eighty years

0:35:09.440 --> 0:35:12.400
<v Speaker 3>sentence on a ronful conviction. I'm a part of a

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<v Speaker 3>program called Innocent Demand Justice, just the families of loved

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<v Speaker 3>ones are incarcrated wrongfully, and we try to show support

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<v Speaker 3>any way that we can either by marches, protests, is

0:35:23.680 --> 0:35:26.480
<v Speaker 3>going to court hearings. We know how hard it is

0:35:26.520 --> 0:35:29.600
<v Speaker 3>for loved ones. Anything could happen in prison and they're

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<v Speaker 3>scared for their loved ones. Yeah, don't ever give up hope,

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<v Speaker 3>keep hope alive.

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<v Speaker 1>Thank you for listening to Wrongful Conviction. I'd like to

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<v Speaker 1>thank our production team Connor Hall, Justin Golden, Jeff Cliburn,

0:35:47.360 --> 0:35:50.800
<v Speaker 1>and Kevin Wardis, with research by Lyla Robinson. The music

0:35:50.800 --> 0:35:53.600
<v Speaker 1>in this production was supplied by three time OSCAR nominated

0:35:53.600 --> 0:35:57.359
<v Speaker 1>composer Jay Ralph. Be sure to follow us on Instagram

0:35:57.400 --> 0:36:01.640
<v Speaker 1>at Wrongful Conviction, on Facebook at Wrongful Conviction podcast, and

0:36:01.760 --> 0:36:04.840
<v Speaker 1>on Twitter at wrong Conviction, as well as at Lava

0:36:04.880 --> 0:36:08.040
<v Speaker 1>for Good. On all three platforms. You can also follow

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<v Speaker 1>me on both TikTok and Instagram at It's Jason Flam.

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<v Speaker 1>Wrongful Conviction is the production of Lava for Good Podcasts

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<v Speaker 1>and association with Signal Company Number one