1 00:00:03,960 --> 00:00:07,200 Speaker 1: In November nineteen eighty seven, Rafael Martinez was lucky to 2 00:00:07,240 --> 00:00:10,040 Speaker 1: survive a gunshot wound to the head, but it changed 3 00:00:10,080 --> 00:00:12,840 Speaker 1: the course of his life. A police report said that 4 00:00:12,840 --> 00:00:17,360 Speaker 1: the shooter's nickname was Chino, and according to some, Rafael 5 00:00:17,440 --> 00:00:22,000 Speaker 1: lay in wait for three years before exacting his revenge. Meanwhile, 6 00:00:22,200 --> 00:00:26,000 Speaker 1: the crack epidemic was raging, and in response, Congress decided 7 00:00:26,000 --> 00:00:29,680 Speaker 1: to subsidize the misguided policy failure known as the War 8 00:00:29,800 --> 00:00:33,600 Speaker 1: on Drugs in New York. This meant increased funding to 9 00:00:33,640 --> 00:00:36,880 Speaker 1: support investigations like the one that honed in on drug 10 00:00:36,920 --> 00:00:41,320 Speaker 1: activity in Raphael's old apartment building in Upper Manhattan, even 11 00:00:41,360 --> 00:00:43,560 Speaker 1: though he had moved to Queens. According to the street 12 00:00:43,640 --> 00:00:47,680 Speaker 1: level dealers, Rafael controlled the local drug market, so the 13 00:00:47,720 --> 00:00:51,200 Speaker 1: police relied on these smaller fish to catch someone who 14 00:00:51,400 --> 00:00:54,960 Speaker 1: was allegedly a bigger one, tying in a few violent 15 00:00:55,000 --> 00:00:59,240 Speaker 1: offenses to boot, including the murder of a man nicknamed Chino. 16 00:01:00,320 --> 00:01:12,440 Speaker 1: But this is wrongful conviction. Wrongful conviction has always given 17 00:01:12,520 --> 00:01:15,760 Speaker 1: voice to innocent people in prison. Now we're expanding that 18 00:01:15,880 --> 00:01:19,520 Speaker 1: voice to you. Call us at eight three three, two 19 00:01:19,680 --> 00:01:22,720 Speaker 1: oh seven, four six sixty six and leave us a message. 20 00:01:22,920 --> 00:01:26,280 Speaker 1: Tell us how these powerful, often tragic stories make you 21 00:01:26,360 --> 00:01:31,520 Speaker 1: feel outraged, inspired, motivated. We want to know. We may 22 00:01:31,560 --> 00:01:34,520 Speaker 1: even include your story in a future episode. Call us 23 00:01:34,760 --> 00:01:37,600 Speaker 1: A three three, two oh seven, four six sixty six. 24 00:01:47,440 --> 00:01:52,200 Speaker 1: Welcome back to Wrongful Conviction. Today's case. I was tempted 25 00:01:52,200 --> 00:01:55,160 Speaker 1: to call it the dead guy is still alive. I 26 00:01:55,200 --> 00:01:59,639 Speaker 1: know that sounds crazy, but the murder victim is alive 27 00:01:59,680 --> 00:02:04,040 Speaker 1: and well. Our guest today Raphael Martinez. He was charged 28 00:02:04,040 --> 00:02:06,600 Speaker 1: in connection to three violent incidents as well as a 29 00:02:06,680 --> 00:02:11,119 Speaker 1: drug trafficking conspiracy, and so many people testified to support 30 00:02:11,240 --> 00:02:16,639 Speaker 1: this narrative that made Raphael into a murderous drug kingpin, 31 00:02:17,520 --> 00:02:19,920 Speaker 1: like something out of a movie that you would have 32 00:02:20,000 --> 00:02:21,880 Speaker 1: thought there must have been something to it. But when 33 00:02:21,919 --> 00:02:24,920 Speaker 1: you take a closer look at who is testifying and 34 00:02:25,040 --> 00:02:31,080 Speaker 1: why the case falls apart, and how they went about 35 00:02:31,120 --> 00:02:34,200 Speaker 1: constructing the case against him, that's one of the crimes 36 00:02:34,200 --> 00:02:38,200 Speaker 1: we're covering. So we're going to go over that first 37 00:02:38,400 --> 00:02:43,240 Speaker 1: before we get to all of the other absolutely insane details. 38 00:02:43,440 --> 00:02:47,359 Speaker 1: And to help us do that, let's welcome back Raphael's attorney, 39 00:02:47,600 --> 00:02:49,400 Speaker 1: the one and only Justin Bonus. 40 00:02:49,800 --> 00:02:51,720 Speaker 2: Thank you for having me again. 41 00:02:51,639 --> 00:02:54,800 Speaker 1: And calling in from Green Haven Penitentiary in New York State. 42 00:02:54,919 --> 00:02:59,400 Speaker 1: Is the man himself, Raphael Martinez. Raphael, welcome to the show. 43 00:03:00,080 --> 00:03:00,760 Speaker 3: Thank you sir. 44 00:03:01,080 --> 00:03:03,760 Speaker 1: Yeah, now, Raffie, are you from the Dominican republicly from 45 00:03:03,800 --> 00:03:04,200 Speaker 1: New York. 46 00:03:04,320 --> 00:03:07,360 Speaker 3: I was born in Manhattan in Harley. Then I grew 47 00:03:07,440 --> 00:03:11,080 Speaker 3: up in the Dominican Republic. Then when I was eighteen, 48 00:03:11,480 --> 00:03:13,679 Speaker 3: I told my parents listen, I would like to go 49 00:03:13,919 --> 00:03:17,080 Speaker 3: back to the United States and finish my education in 50 00:03:17,160 --> 00:03:21,080 Speaker 3: electric engineering. They sent me back to New York in 51 00:03:21,160 --> 00:03:25,400 Speaker 3: nineteen eighty five, had a job in a factory. I 52 00:03:25,440 --> 00:03:29,240 Speaker 3: came to live with my cousin in Washington High one 53 00:03:29,360 --> 00:03:33,400 Speaker 3: hundred and fifty seventh Street. That is a big Dominican community. 54 00:03:33,880 --> 00:03:36,600 Speaker 3: Everybody knew we show the We used to hang out 55 00:03:36,640 --> 00:03:40,680 Speaker 3: in from the building. That was my social life right there. 56 00:03:40,920 --> 00:03:43,760 Speaker 3: But there was a lot of publicy and the drug 57 00:03:44,320 --> 00:03:48,760 Speaker 3: was a major problem. That was the track okay epidemic, 58 00:03:49,000 --> 00:03:52,640 Speaker 3: and everybody was affected one when you or not directly 59 00:03:52,760 --> 00:03:53,640 Speaker 3: or indirectly. 60 00:03:54,080 --> 00:03:56,360 Speaker 1: When Raphael was laid off of a factory job and 61 00:03:56,360 --> 00:03:59,760 Speaker 1: struggling to get by, he too got involved, earning five 62 00:04:00,400 --> 00:04:03,080 Speaker 1: for running an errand once it landed him on five 63 00:04:03,160 --> 00:04:05,960 Speaker 1: years probation, and during that stretch of time, the crack 64 00:04:06,000 --> 00:04:08,360 Speaker 1: epidemic had taken hold of at least one segment of 65 00:04:08,400 --> 00:04:11,920 Speaker 1: most American cities in New York that was primarily Upper 66 00:04:11,960 --> 00:04:14,720 Speaker 1: Manhattan and the Bronx, where, if you remember from the 67 00:04:14,720 --> 00:04:17,600 Speaker 1: stories of Pablo Fernandez and Danny Rincone, both of which 68 00:04:17,640 --> 00:04:19,800 Speaker 1: are going to be linked in the episode description, the 69 00:04:20,000 --> 00:04:23,000 Speaker 1: largest and most feared drug organization at that time was 70 00:04:23,080 --> 00:04:26,400 Speaker 1: led by Lenny and Nelson Sepulveda. They called themselves the 71 00:04:26,440 --> 00:04:28,760 Speaker 1: Red Top Crew, but they were known in the media 72 00:04:28,839 --> 00:04:30,280 Speaker 1: as the Wild Cowboys. 73 00:04:30,560 --> 00:04:33,839 Speaker 2: You had the Wild Cowboys that were out there. Everybody, 74 00:04:33,960 --> 00:04:36,560 Speaker 2: at least on the Eastern Seaboard was coming to Washington 75 00:04:36,600 --> 00:04:39,560 Speaker 2: Heights and the Bronx for cocaine. The amount of money 76 00:04:39,600 --> 00:04:42,159 Speaker 2: that was being made and violence, I mean, I believe 77 00:04:42,200 --> 00:04:45,039 Speaker 2: in the thirtieth Precinct, which is only like a square mile, 78 00:04:45,360 --> 00:04:47,960 Speaker 2: I think at one point they had seventy homicides a 79 00:04:48,040 --> 00:04:51,839 Speaker 2: year in a square mile. I mean, that's just outrageous. 80 00:04:52,000 --> 00:04:54,719 Speaker 1: And Raphael was in fact a random victim of violence. 81 00:04:54,760 --> 00:04:56,520 Speaker 1: One night in November nineteen eighty. 82 00:04:56,320 --> 00:04:59,480 Speaker 3: Seven, I was asleep in my apartment in one fifty 83 00:04:59,520 --> 00:05:02,240 Speaker 3: seven hang a straight bullet. He came through the window 84 00:05:02,560 --> 00:05:05,920 Speaker 3: throuck me in the top on my hand. The fire 85 00:05:06,040 --> 00:05:09,080 Speaker 3: depart I mean had to break the waging, so the 86 00:05:09,200 --> 00:05:12,520 Speaker 3: police and Paramerico came take me to the hospital. I 87 00:05:12,600 --> 00:05:15,120 Speaker 3: lost battle of the brain and the battled the school 88 00:05:15,279 --> 00:05:15,800 Speaker 3: right off the. 89 00:05:15,839 --> 00:05:18,840 Speaker 2: Top and RAFFI has a significant limp. He has trouble 90 00:05:18,920 --> 00:05:22,599 Speaker 2: moving the right side of his body. Police reports said 91 00:05:22,600 --> 00:05:25,960 Speaker 2: that a guy named Chino did shoot him in the head. However, 92 00:05:26,200 --> 00:05:29,799 Speaker 2: Chino was one of the most common Dominican nicknames. 93 00:05:29,480 --> 00:05:32,880 Speaker 1: Which left police with little to go on. Meanwhile, Raphael 94 00:05:32,920 --> 00:05:35,479 Speaker 1: stayed in the hospital until January nineteen eighty eight. He 95 00:05:35,520 --> 00:05:38,400 Speaker 1: had no job, no savings. He lost his apartment on 96 00:05:38,520 --> 00:05:40,599 Speaker 1: West one hundred and fifty seventh Street, so he ended 97 00:05:40,680 --> 00:05:43,839 Speaker 1: up on public assistance while he continued to pursue his degree. 98 00:05:43,960 --> 00:05:46,600 Speaker 3: When I got out of the hospital in nineteen eighty eight, 99 00:05:46,680 --> 00:05:48,839 Speaker 3: I went to leave for my girlfriend and then I 100 00:05:48,960 --> 00:05:51,320 Speaker 3: moved to Wings around nineteen ninety. 101 00:05:51,600 --> 00:05:54,440 Speaker 1: Now, during this time, he and his girlfriend Merlin, got married. 102 00:05:54,480 --> 00:05:56,719 Speaker 1: He worked as a mechanic and started a family, but 103 00:05:56,760 --> 00:05:58,680 Speaker 1: he still kept in touch with the community on West 104 00:05:58,720 --> 00:06:02,200 Speaker 1: one hundred and fifty seventh Street. Meanwhile, the crack epidemic 105 00:06:02,279 --> 00:06:05,320 Speaker 1: continued to rage on, and a response, Congress passed the 106 00:06:05,520 --> 00:06:08,880 Speaker 1: Anti Drug Abuse Act in nineteen eighty eight, which funded 107 00:06:08,960 --> 00:06:12,920 Speaker 1: high intensity Drug Trafficking Area task Forces throughout the country. 108 00:06:13,000 --> 00:06:16,240 Speaker 1: Now in New York that meant funding for a coordinated 109 00:06:16,279 --> 00:06:19,640 Speaker 1: effort among detectives and das from all five boroughs on 110 00:06:19,760 --> 00:06:24,000 Speaker 1: drug related cases, and in Washington Heights, NYPD detective James 111 00:06:24,000 --> 00:06:27,159 Speaker 1: Gilmour was empowered to lead a two year investigation starting 112 00:06:27,160 --> 00:06:30,760 Speaker 1: in nineteen eighty nine, specifically focusing on drug activity at 113 00:06:30,760 --> 00:06:33,919 Speaker 1: two of Raffi's old apartment buildings, five point fifty and 114 00:06:34,040 --> 00:06:36,359 Speaker 1: six fourteen West one hundred and fifty seven Street. 115 00:06:36,720 --> 00:06:41,960 Speaker 3: They took forty two hours of video surveillance. I only 116 00:06:42,120 --> 00:06:46,640 Speaker 3: appeal in Juang videos. In that video, I'm not doing 117 00:06:46,680 --> 00:06:48,440 Speaker 3: anything in Lilio nothing. 118 00:06:48,960 --> 00:06:53,279 Speaker 1: They also took a ton of photos, also nothing. However, 119 00:06:53,440 --> 00:06:56,719 Speaker 1: Gilmour ran several sting operations between July twenty ninth and 120 00:06:56,760 --> 00:06:59,919 Speaker 1: October twelfth, nineteen ninety one, in which some of the 121 00:07:00,040 --> 00:07:02,120 Speaker 1: people from one hundred and fifty seventh Street who turned 122 00:07:02,120 --> 00:07:06,320 Speaker 1: into cooperators in this case, sold cocaine and firearms to 123 00:07:06,440 --> 00:07:09,880 Speaker 1: undercover agents In the last operation, they arrested a young 124 00:07:09,920 --> 00:07:12,800 Speaker 1: woman from that area named Ira Venus, who was about 125 00:07:12,840 --> 00:07:15,720 Speaker 1: to hop on a flight to Switzerland with several kilos 126 00:07:15,720 --> 00:07:19,640 Speaker 1: of cocaine. Needless to say, she was also ready to cooperate, 127 00:07:19,880 --> 00:07:22,120 Speaker 1: as were those who were scooped up in a mass 128 00:07:22,200 --> 00:07:26,360 Speaker 1: arrest on October twenty second, nineteen ninety one, including two 129 00:07:26,360 --> 00:07:28,679 Speaker 1: of Raffi's brothers, Danny and Julian. 130 00:07:29,200 --> 00:07:33,160 Speaker 2: Raffi has like four brothers, some of them were selling drugs. 131 00:07:33,520 --> 00:07:37,440 Speaker 2: The amount of drugs that they were selling was highly debatable. 132 00:07:37,800 --> 00:07:41,480 Speaker 1: They also picked up Raffi's uncle, Isidoro Medina de Leon, 133 00:07:41,560 --> 00:07:45,480 Speaker 1: whose involvement was even more debatable. But what was different 134 00:07:45,520 --> 00:07:48,560 Speaker 1: about this wholesale arrest was that they made another arrest 135 00:07:48,760 --> 00:07:50,120 Speaker 1: in a different jurisdiction. 136 00:07:50,640 --> 00:07:54,000 Speaker 3: I was arrested getting out of my Blaso residents that 137 00:07:54,160 --> 00:07:59,000 Speaker 3: was in Queens. That was me, Cisel Martine and Lorenzo Martinez. 138 00:07:59,320 --> 00:08:04,280 Speaker 3: They were not droll, whipm money, anything illegal on the call. 139 00:08:04,880 --> 00:08:08,440 Speaker 1: Involvement with anything illegal can make you vulnerable to police coercion, 140 00:08:08,480 --> 00:08:11,440 Speaker 1: which made Raffi's brothers, Danny and Julian, as well as 141 00:08:11,520 --> 00:08:13,720 Speaker 1: others from West one hundred and fifty seventh Street well, 142 00:08:14,120 --> 00:08:19,040 Speaker 1: very vulnerable, including Edwin Mottos, Jordan Pratt, Daniel Cologne, Iravenas, 143 00:08:19,160 --> 00:08:23,480 Speaker 1: Pedro Santiago, Andre Gomez, Roberto Medina, and Manuel Picoon. 144 00:08:23,840 --> 00:08:28,960 Speaker 3: They will have west this withdrawers, we whipons. After they 145 00:08:29,000 --> 00:08:30,840 Speaker 3: gave some of those guys to grow up with a 146 00:08:31,000 --> 00:08:37,080 Speaker 3: with sing they came up with this conspiracy indidates for everybody. 147 00:08:37,520 --> 00:08:39,920 Speaker 1: Gilmore and his team had devised a narrative for any 148 00:08:39,920 --> 00:08:43,199 Speaker 1: willing cooperator to support that. While on five years probation, 149 00:08:43,520 --> 00:08:46,960 Speaker 1: partially disabled, raising a family and living on public assistance 150 00:08:47,000 --> 00:08:51,400 Speaker 1: in Queens, Raphael somehow built a multimillion dollar crack empire 151 00:08:51,640 --> 00:08:54,200 Speaker 1: on West one hundred and fifty seventh Street, rivaling the 152 00:08:54,200 --> 00:08:57,679 Speaker 1: Red Top Crew, and they were called the Jerry Curl Gang. 153 00:08:57,960 --> 00:09:01,360 Speaker 1: Now you might be asking why Rafi, and we'll get 154 00:09:01,360 --> 00:09:03,840 Speaker 1: to that, but first we'll finish covering how. 155 00:09:04,000 --> 00:09:07,080 Speaker 2: There was a lot of surveillance. Okay, with regard to 156 00:09:07,120 --> 00:09:11,280 Speaker 2: the drugs, there's plenty of evidence against the cooperators, but 157 00:09:11,320 --> 00:09:15,760 Speaker 2: there's not so much evidence against Raffi and Lorenzo. With Raffi, 158 00:09:15,840 --> 00:09:18,840 Speaker 2: there's actually a lack of evidence. Even with regard to. 159 00:09:18,880 --> 00:09:24,360 Speaker 3: The drugs, James testifying cold Dah he never saw me 160 00:09:24,760 --> 00:09:27,599 Speaker 3: sending draw or engaging byline. 161 00:09:27,880 --> 00:09:31,160 Speaker 2: And they did not call themselves the Jerry Curl gang. 162 00:09:31,360 --> 00:09:34,160 Speaker 2: That's something that the media came up with before. 163 00:09:34,200 --> 00:09:38,559 Speaker 3: Into the Minigam community has vijity guild at that time 164 00:09:38,880 --> 00:09:42,800 Speaker 3: b when they arrested every divided, they said everybody had 165 00:09:42,920 --> 00:09:47,800 Speaker 3: the same kill style, all that vigitikill game, and they 166 00:09:47,800 --> 00:09:50,160 Speaker 3: admitted in Gold that they made that up. 167 00:09:50,480 --> 00:09:53,400 Speaker 1: The Jerry Curl moniker began and ended with law enforcement, 168 00:09:53,440 --> 00:09:56,720 Speaker 1: and it was used to connect three seemingly unrelated violent 169 00:09:56,760 --> 00:09:59,200 Speaker 1: incidents to drug activity on West one hundred and fifty 170 00:09:59,240 --> 00:10:03,320 Speaker 1: seventh Street, and it's alleged overseers Raphael and his co 171 00:10:03,400 --> 00:10:07,559 Speaker 1: defendants Lorenzo and Caesar Martinez. His uncle Isidora Medina de Leon, 172 00:10:07,840 --> 00:10:10,800 Speaker 1: as well as a man named Roberto Gonzalez. The first 173 00:10:10,800 --> 00:10:14,360 Speaker 1: incident was the August twenty ninth, nineteen ninety attempted murder 174 00:10:14,440 --> 00:10:17,400 Speaker 1: of Rafael Espinal on Park Terrace and two hundred and 175 00:10:17,440 --> 00:10:18,040 Speaker 1: fifteenth Street. 176 00:10:18,440 --> 00:10:21,520 Speaker 2: With regard to the attempted murder of Raphael Espinal, there 177 00:10:21,600 --> 00:10:25,240 Speaker 2: was barely any investigation. He named someone else, Espinol. He 178 00:10:25,320 --> 00:10:28,320 Speaker 2: tells the police Rafael Molina is the one that shot me. 179 00:10:28,880 --> 00:10:32,480 Speaker 1: Yet co operators Edwin Mottos and Pedro Santiago alleged that 180 00:10:32,559 --> 00:10:37,280 Speaker 1: Raphael Martinez had ordered his uncle Isidoro to kill Espinal 181 00:10:37,600 --> 00:10:41,800 Speaker 1: for robbing his brother Dandy. Then Matos, Santiago and Raffei's 182 00:10:41,800 --> 00:10:45,000 Speaker 1: brother Julian also testified about a car that got shot 183 00:10:45,080 --> 00:10:47,760 Speaker 1: up on October twenty ninth, nineteen ninety in the Bronx 184 00:10:47,880 --> 00:10:50,400 Speaker 1: at East one hundred and sixty seven Street in College Avenue. 185 00:10:50,559 --> 00:10:53,560 Speaker 1: The deceased was identified as Jose Jimenez, whose nickname was 186 00:10:53,559 --> 00:10:56,800 Speaker 1: thought to be Chino. The surviving victim was Juan Urena 187 00:10:57,000 --> 00:10:59,880 Speaker 1: said the shooter was a man named Franklin. They can 188 00:11:00,280 --> 00:11:03,000 Speaker 1: the area, documented the crime scene, but the case went 189 00:11:03,080 --> 00:11:07,360 Speaker 1: cold for about six months. Decades later, an undisclosed police 190 00:11:07,400 --> 00:11:10,320 Speaker 1: report surface in which a confidential informant appears to have 191 00:11:10,360 --> 00:11:15,520 Speaker 1: been key in shifting Gilmore's investigation to focus on Rafael Martinez. 192 00:11:15,720 --> 00:11:21,679 Speaker 3: The confidential informant pulled the homicide investigator in April nineteen 193 00:11:21,840 --> 00:11:28,080 Speaker 3: ninety one, allegedly, Joseji Mine was the one who shot 194 00:11:28,200 --> 00:11:31,440 Speaker 3: me and therefore I used to have a debute with 195 00:11:31,600 --> 00:11:32,960 Speaker 3: Jose Jimenez As. 196 00:11:32,880 --> 00:11:36,280 Speaker 1: A result, it appears that Raphael's nineteen eighty seven stray 197 00:11:36,360 --> 00:11:39,640 Speaker 1: ball it became the catalyst, placing him at the center 198 00:11:39,760 --> 00:11:41,359 Speaker 1: of Gilmore's drug investigation. 199 00:11:41,720 --> 00:11:45,720 Speaker 2: So the theme here is retribution. That Raffi waits on 200 00:11:45,800 --> 00:11:49,480 Speaker 2: Jose Amnez for close to three years, somehow gets information 201 00:11:49,600 --> 00:11:52,920 Speaker 2: that Jose Amenez is in the Bronx somewhere and Raffi 202 00:11:53,200 --> 00:11:56,400 Speaker 2: Lorenzo and is a door of Medina pull up next 203 00:11:56,400 --> 00:12:00,600 Speaker 2: to Jose, Jimenez and Juan Durana in a car and Raffi, 204 00:12:00,679 --> 00:12:03,720 Speaker 2: who's in the passenger seat, and Lorenzo, who was in 205 00:12:03,720 --> 00:12:08,480 Speaker 2: the back passenger seat, fire into the car and Jose 206 00:12:08,800 --> 00:12:10,120 Speaker 2: and Juan Yaurina got shot. 207 00:12:10,280 --> 00:12:13,720 Speaker 1: Investigators initially tried to get Raffie's brother Danny to testify 208 00:12:13,840 --> 00:12:15,079 Speaker 1: to this version of events. 209 00:12:15,360 --> 00:12:20,200 Speaker 3: People secus wanted him to testify down he went, weaws, 210 00:12:20,360 --> 00:12:24,679 Speaker 3: you say no, and he got bout only for conspiracy. 211 00:12:23,960 --> 00:12:27,720 Speaker 1: To so Danny took his lumps rather than passing the buck. 212 00:12:28,120 --> 00:12:31,360 Speaker 1: Caesar Martinez also faced a similar challenge and chose to 213 00:12:31,400 --> 00:12:33,560 Speaker 1: take his chances at trial as a co defendant. But 214 00:12:33,679 --> 00:12:36,680 Speaker 1: Ralphie's brother Julian became the source of this version of 215 00:12:36,720 --> 00:12:40,360 Speaker 1: events that is simply not supported by the undisputed backs 216 00:12:40,360 --> 00:12:42,840 Speaker 1: of the crime. At least one of the fatal shots 217 00:12:42,840 --> 00:12:46,040 Speaker 1: had a downward trajectory. Now, how would that be possible 218 00:12:46,240 --> 00:12:49,199 Speaker 1: with a seated shooter in a car next to the victims. 219 00:12:49,480 --> 00:12:53,680 Speaker 2: Forensically, that's not possible. The shell casings were found in 220 00:12:53,720 --> 00:12:56,600 Speaker 2: the front of the car. There is medical evidence that 221 00:12:56,679 --> 00:12:59,839 Speaker 2: the shooting was conducted by somebody who was standing, not s. 222 00:13:00,400 --> 00:13:04,320 Speaker 2: There's at least one eye witness account that basically describes 223 00:13:04,640 --> 00:13:07,200 Speaker 2: a man named Franklin Quavis walked in front of the 224 00:13:07,200 --> 00:13:09,560 Speaker 2: car and fired into the car. There's a DD five 225 00:13:09,600 --> 00:13:14,000 Speaker 2: where wandering actually says Franklin from one hundred and seventy 226 00:13:14,040 --> 00:13:17,160 Speaker 2: second in Autobond, which is where Franklin Quavis was from 227 00:13:17,200 --> 00:13:20,640 Speaker 2: in Washington Heights, is the one that fired into the car. 228 00:13:21,160 --> 00:13:24,840 Speaker 1: Yet the police ignored the forensics, ballistics, and again the 229 00:13:24,880 --> 00:13:28,760 Speaker 1: surviving victim for their team of cooperators and their theory. 230 00:13:28,880 --> 00:13:31,880 Speaker 1: And it appears this pattern continued with the murder of 231 00:13:31,960 --> 00:13:35,200 Speaker 1: Jose Reis the building super at six fourteen West one 232 00:13:35,280 --> 00:13:39,199 Speaker 1: hundred and fifty seventh Street. According to testimony from Julian Martinez, 233 00:13:39,360 --> 00:13:42,600 Speaker 1: Raphael believed Rees was an informant and put a thirty 234 00:13:42,600 --> 00:13:45,560 Speaker 1: five hundred dollars bounty on his head. Then, around two 235 00:13:45,600 --> 00:13:48,559 Speaker 1: thirty pm on May twenty third, nineteen ninety one, near 236 00:13:48,640 --> 00:13:51,760 Speaker 1: Broadway on one hundred and fifty ninth Street, Jose Reis 237 00:13:52,000 --> 00:13:54,160 Speaker 1: was shot in the back of the head with a 238 00:13:54,200 --> 00:13:57,960 Speaker 1: forty five Then Pedro Santiago showed up for the third 239 00:13:58,000 --> 00:13:59,600 Speaker 1: time with alleged information. 240 00:14:00,000 --> 00:14:04,000 Speaker 2: The interesting thing about Pedro Santiago, who was definitely selling 241 00:14:04,080 --> 00:14:07,120 Speaker 2: a lot of drugs, This individual is caught up in 242 00:14:07,160 --> 00:14:10,480 Speaker 2: a whole different case where he specifically says in that 243 00:14:10,559 --> 00:14:13,920 Speaker 2: other case that he barely knew the Martinez brothers. Then 244 00:14:13,960 --> 00:14:16,360 Speaker 2: he comes in in Raffi and Lorenzo's case and he 245 00:14:16,440 --> 00:14:20,200 Speaker 2: says that by September of nineteen eighty nine, he began 246 00:14:20,240 --> 00:14:22,760 Speaker 2: to work daily with Raffi and Lorenzo and he became 247 00:14:22,800 --> 00:14:25,200 Speaker 2: a lieutenant in their crew. In the other case, he 248 00:14:25,200 --> 00:14:28,600 Speaker 2: said he didn't meet him until midway through nineteen ninety one. 249 00:14:28,880 --> 00:14:32,320 Speaker 1: So which one was it was? Santiago, a lieutenant in 250 00:14:32,360 --> 00:14:36,320 Speaker 1: an alleged drug organization, privuted information about the three separate 251 00:14:36,360 --> 00:14:39,120 Speaker 1: murders between August nineteen ninety and May of ninety one, 252 00:14:39,440 --> 00:14:43,280 Speaker 1: or did he only meet the Martinez brothers after these 253 00:14:43,280 --> 00:14:44,760 Speaker 1: incidents had already taken place. 254 00:14:45,120 --> 00:14:47,200 Speaker 2: This is what I'm saying. I don't know what's true 255 00:14:47,240 --> 00:14:49,240 Speaker 2: in this case. With regard to the witnesses that the 256 00:14:49,280 --> 00:14:49,960 Speaker 2: state puts on. 257 00:14:50,400 --> 00:14:54,000 Speaker 1: Santiago claimed to have seen Lorenzo Martinez meet with his 258 00:14:54,040 --> 00:14:58,120 Speaker 1: co defendant Roberto Gonzalez, then heard the gunshots from about 259 00:14:58,120 --> 00:14:59,320 Speaker 1: a quarter of a mile away. 260 00:14:59,680 --> 00:15:02,200 Speaker 2: I think Pedro Santiago gets a one to three and 261 00:15:02,280 --> 00:15:03,320 Speaker 2: he's cut loose right. 262 00:15:03,240 --> 00:15:06,120 Speaker 1: Away, just like all the other cooperators in this case, 263 00:15:06,160 --> 00:15:10,000 Speaker 1: including David Cologne, who also testified about the rays murder. 264 00:15:10,400 --> 00:15:14,640 Speaker 1: Like Santiago, Cologne claimed that he heard the gunshots, then 265 00:15:14,960 --> 00:15:19,200 Speaker 1: later saw Gonzalez with a gun. Then Cologne claimed that 266 00:15:19,360 --> 00:15:22,960 Speaker 1: he later borrowed a forty five from Gonzalez, then lost 267 00:15:23,000 --> 00:15:27,160 Speaker 1: it when he led it to an unidentified person. How convenient. Then, 268 00:15:27,480 --> 00:15:30,960 Speaker 1: Cologne alleged to Gonzalez wasn't angry since it rid him 269 00:15:31,000 --> 00:15:35,280 Speaker 1: of an alleged murder weapon. Another unverifiable account. The only 270 00:15:35,360 --> 00:15:37,760 Speaker 1: thing we know for sure about the Ray's murder was 271 00:15:37,800 --> 00:15:41,560 Speaker 1: the date, time, place, and caliber of bullet. Because the 272 00:15:41,600 --> 00:15:46,400 Speaker 1: witnesses are so totally unreliable, which is true across this 273 00:15:46,680 --> 00:15:47,680 Speaker 1: entire prosecution. 274 00:15:48,480 --> 00:15:53,000 Speaker 2: Essentially, the cooperators get arrested based upon the investigation into 275 00:15:53,040 --> 00:15:56,480 Speaker 2: the drug dealing, and then all of a sudden, Raffi 276 00:15:56,720 --> 00:16:01,040 Speaker 2: becomes this boss and the murders and the attempted murders 277 00:16:01,360 --> 00:16:04,680 Speaker 2: are what was used to make him look like this animal. 278 00:16:16,120 --> 00:16:18,960 Speaker 1: You're listening to Wrongful Conviction. You can listen to this 279 00:16:19,080 --> 00:16:21,720 Speaker 1: and all the Lava for Good podcasts one week early 280 00:16:21,840 --> 00:16:25,120 Speaker 1: and ad free by subscribing to Lava for Good Plus 281 00:16:25,480 --> 00:16:31,120 Speaker 1: on Apple Podcasts. Freedom Agenda is a proud sponsor of 282 00:16:31,120 --> 00:16:34,520 Speaker 1: this episode of Wrongful Conviction. Freedom Agenda is led by 283 00:16:34,520 --> 00:16:38,400 Speaker 1: people directly impacted by incarceration, and they're organizing to get 284 00:16:38,400 --> 00:16:41,320 Speaker 1: Mayor Eric Adams to follow the law and shut down 285 00:16:41,400 --> 00:16:44,960 Speaker 1: Rikers Island. Right now, thousands of people are awaiting trial 286 00:16:45,000 --> 00:16:49,000 Speaker 1: there in life threatening conditions. Freedom Agenda is committed to 287 00:16:49,080 --> 00:16:52,560 Speaker 1: creating a safer and more just city by winning investments 288 00:16:52,560 --> 00:16:55,920 Speaker 1: in long neglected communities, protecting the rights of people involved 289 00:16:55,920 --> 00:16:58,680 Speaker 1: in the criminal legal system, and ending the cycle of 290 00:16:58,760 --> 00:17:01,920 Speaker 1: violence that Rikers prepare situates. To learn more about the 291 00:17:01,960 --> 00:17:04,240 Speaker 1: campaign to close Rikers and to sign up for Freedom 292 00:17:04,320 --> 00:17:07,960 Speaker 1: agenda's mailing list, go to campaign to close rikers dot org, 293 00:17:08,160 --> 00:17:11,680 Speaker 1: slash get involved or follow that Freedom Agenda and why 294 00:17:12,000 --> 00:17:12,959 Speaker 1: on social media. 295 00:17:19,000 --> 00:17:22,680 Speaker 3: There is no physical evident connecting me to anything, but 296 00:17:23,400 --> 00:17:28,080 Speaker 3: by the testimony, win is it? They say, Oh, whatever 297 00:17:28,160 --> 00:17:32,520 Speaker 3: I got arrested with was because Rafael Martine told me 298 00:17:32,640 --> 00:17:36,600 Speaker 3: to do it. Whatever they saw to an Ondacola, they 299 00:17:36,720 --> 00:17:42,080 Speaker 3: charged me to constructing, selling and constructing assessing that growth. 300 00:17:42,600 --> 00:17:45,840 Speaker 3: They only had to connect my mind. They only had 301 00:17:45,880 --> 00:17:50,600 Speaker 3: to say, oh, Raffia was the boss that says that 302 00:17:50,960 --> 00:17:53,000 Speaker 3: was more than enough for them to find me busy. 303 00:17:54,080 --> 00:17:57,560 Speaker 1: Raphael always charged with conspiracy along with various drug and 304 00:17:57,680 --> 00:18:00,639 Speaker 1: fire arm possession and sales charges, as well as the 305 00:18:00,680 --> 00:18:04,680 Speaker 1: attempted murder of Raphael Espinal and the murders of Jose 306 00:18:04,760 --> 00:18:08,480 Speaker 1: Reis and Jose Jimenez. An assistant Da Fernando Camacho tried 307 00:18:08,600 --> 00:18:11,760 Speaker 1: Raphael and his four co defendants for over four months 308 00:18:12,119 --> 00:18:15,680 Speaker 1: in front of the notorious hanging judge Leslie Krockersnider. 309 00:18:15,880 --> 00:18:19,480 Speaker 2: The thing about Leslie Krockersnider just taking it back historically. 310 00:18:19,720 --> 00:18:22,960 Speaker 2: Sometime in the mid eighties, the Manhattan Die's Office created 311 00:18:23,000 --> 00:18:26,480 Speaker 2: this homicide Investigative Unit and a lot of times from 312 00:18:26,520 --> 00:18:29,560 Speaker 2: what I've gathered is they actually would do search warrants 313 00:18:29,600 --> 00:18:32,359 Speaker 2: and feed those search warrants to Leslie Crocker Snider. She 314 00:18:32,800 --> 00:18:36,320 Speaker 2: was somebody who they knew that they could trust in 315 00:18:36,480 --> 00:18:39,760 Speaker 2: handling high profile cases inappropriately. 316 00:18:39,960 --> 00:18:43,120 Speaker 1: By the way, to that point, Richard Giampa, Raphael's attorney, 317 00:18:43,240 --> 00:18:46,960 Speaker 1: found and raised the DD five containing Juan Urina's identification 318 00:18:47,119 --> 00:18:49,440 Speaker 1: of Franklin from one hundred and seventy second Street in 319 00:18:49,560 --> 00:18:52,640 Speaker 1: Audubon as his and Jose Jimenez's shooter. 320 00:18:52,560 --> 00:18:56,720 Speaker 2: But that piece of evidence was suppressed by Leslie Krocker Snyder. 321 00:18:56,960 --> 00:18:59,639 Speaker 2: She told the defense attorneys at trial that, well, if 322 00:18:59,680 --> 00:19:02,840 Speaker 2: they don't know Franklin's last name, then it's not credible 323 00:19:02,880 --> 00:19:04,960 Speaker 2: evidence that Franklin committed this shooting. 324 00:19:05,359 --> 00:19:08,440 Speaker 1: Then it appears she was aware of hidden deals for cooperators. 325 00:19:08,840 --> 00:19:12,399 Speaker 2: The main witnesses all testified that they received certain deals 326 00:19:12,560 --> 00:19:16,000 Speaker 2: free to life, and the second that they testified, they 327 00:19:16,040 --> 00:19:19,560 Speaker 2: were immediately let loose. We have transcripts which shows that 328 00:19:19,720 --> 00:19:22,600 Speaker 2: Leslie Krockersnyder knew what was going on and they were 329 00:19:22,640 --> 00:19:25,720 Speaker 2: given time served, which is vastly different than a three 330 00:19:25,800 --> 00:19:26,560 Speaker 2: to life sentence. 331 00:19:26,920 --> 00:19:30,160 Speaker 1: According to an affidavit from Raphael's ex wife, Marilyn Martinez. 332 00:19:30,280 --> 00:19:33,560 Speaker 1: She recorded Julian Martinez over the phone. When she asked 333 00:19:33,640 --> 00:19:36,720 Speaker 1: why he was lying about his own brother. Julian described 334 00:19:36,760 --> 00:19:41,160 Speaker 1: the coercion and threats being used against him and other cooperators. 335 00:19:41,600 --> 00:19:44,399 Speaker 1: She then described how she sat in court while Judge 336 00:19:44,440 --> 00:19:47,879 Speaker 1: Crocker Snyder and Ada Camacho heard the recording, at the 337 00:19:48,000 --> 00:19:50,840 Speaker 1: end of which Krockersnyder threatened to charge whoever had made 338 00:19:50,920 --> 00:19:54,160 Speaker 1: this illegal recording. Never mind the fact that New York 339 00:19:54,280 --> 00:19:57,240 Speaker 1: is a one party consent state, so that sure seems 340 00:19:57,280 --> 00:19:58,440 Speaker 1: like selective outrage. 341 00:19:58,720 --> 00:20:01,199 Speaker 2: And then you have the fact that Julia Martinez has 342 00:20:01,280 --> 00:20:04,320 Speaker 2: said that the prosecutor actually would bring him into the 343 00:20:04,359 --> 00:20:08,280 Speaker 2: District Attorney's office, that he was baited with food, drugs, 344 00:20:08,520 --> 00:20:10,720 Speaker 2: and he was allowed to have sex with women and 345 00:20:10,840 --> 00:20:11,880 Speaker 2: including his girlfriend. 346 00:20:12,040 --> 00:20:14,560 Speaker 1: It also comes to light many years later that Camacho 347 00:20:14,680 --> 00:20:18,399 Speaker 1: had also promised many of the cooperators safety from deportation. 348 00:20:18,840 --> 00:20:21,640 Speaker 2: A lot of these witnesses weren't here legally. Nobody knew 349 00:20:21,640 --> 00:20:25,520 Speaker 2: that they received benefits which entailed keeping them in the country. 350 00:20:25,800 --> 00:20:28,440 Speaker 2: This is just one thing after another. 351 00:20:28,480 --> 00:20:30,800 Speaker 1: So it appears that all of the cooperators were receiving 352 00:20:30,840 --> 00:20:33,639 Speaker 1: the carrot and the stick importantly out of view from 353 00:20:33,680 --> 00:20:34,119 Speaker 1: the jury. 354 00:20:34,440 --> 00:20:38,919 Speaker 2: Even Rafael Espinol and Juan Urina had convictions that they 355 00:20:38,960 --> 00:20:41,280 Speaker 2: were looking at I mean Janurina, who's in the car 356 00:20:41,440 --> 00:20:43,520 Speaker 2: with him and is so he'd be an eyewitness. He 357 00:20:43,600 --> 00:20:48,119 Speaker 2: does not identify Rafael Lorenzo or isidor Medina. By the way, however, 358 00:20:48,240 --> 00:20:51,280 Speaker 2: he testifies with the benefit of a lawyer because he's 359 00:20:51,320 --> 00:20:54,520 Speaker 2: worried about his drug arrest in Connecticut that he ends 360 00:20:54,600 --> 00:20:58,760 Speaker 2: up getting probation for Espinol testified with a lawyer and 361 00:20:58,920 --> 00:21:00,040 Speaker 2: he had charges. 362 00:20:59,720 --> 00:21:02,920 Speaker 1: Pay And as we mentioned, that's been all initially named 363 00:21:03,000 --> 00:21:06,199 Speaker 1: Raphael Marina as the shooter, but at trial they somehow 364 00:21:06,280 --> 00:21:09,920 Speaker 1: got him to morph Marina into Martinez. So the deck 365 00:21:10,040 --> 00:21:13,760 Speaker 1: was clearly stat starting with Camacho's opening statement that laid 366 00:21:13,800 --> 00:21:18,080 Speaker 1: out totally unfounded theory of Raphael's nineteen eighty seven gunshot wound. 367 00:21:18,359 --> 00:21:21,560 Speaker 3: Camacho, he said it Josehi Ma name used to be 368 00:21:21,720 --> 00:21:24,040 Speaker 3: one on my local. He used to be one of 369 00:21:24,119 --> 00:21:28,080 Speaker 3: my friends, and he went to be apartment and he 370 00:21:28,320 --> 00:21:30,840 Speaker 3: shocked me in the back of my head and a 371 00:21:30,920 --> 00:21:35,720 Speaker 3: store from me fifty thousand dollars and three kilo cocaine. Remember, 372 00:21:36,119 --> 00:21:38,680 Speaker 3: at that time, in nineteen eighty seven, I was only 373 00:21:38,840 --> 00:21:42,399 Speaker 3: twenty years old. My apartment was payed by Wlfarere, and 374 00:21:42,680 --> 00:21:45,400 Speaker 3: I had never been shocked in the back of my head. 375 00:21:45,720 --> 00:21:49,000 Speaker 3: The play bullet thrucked me in the top on my head. 376 00:21:49,440 --> 00:21:52,240 Speaker 2: When they were investigating the murder of Jose Jimenez and 377 00:21:52,359 --> 00:21:56,080 Speaker 2: investigated whether he was the one that shot Raffi, the 378 00:21:56,359 --> 00:22:00,119 Speaker 2: NYPD found that there was no substance to that claim. 379 00:22:00,240 --> 00:22:03,639 Speaker 1: But that wasn't discovered for decades, long after Camacho had 380 00:22:03,640 --> 00:22:05,480 Speaker 1: said these things in front of the jury, and that 381 00:22:05,760 --> 00:22:09,359 Speaker 1: really is the original sin of this entire case, this 382 00:22:09,680 --> 00:22:15,040 Speaker 1: unfounded motive. But nevertheless, they continued pursuing Raphael with a 383 00:22:15,119 --> 00:22:20,160 Speaker 1: team of cooperating witnesses who in reality hadn't actually seen anything. 384 00:22:20,520 --> 00:22:25,080 Speaker 2: Pratt, Venus, and Santiago all testified that they heard Rafi 385 00:22:25,160 --> 00:22:29,480 Speaker 2: admit that he killed Jose Jimenez. Julian, though specifically describes 386 00:22:29,720 --> 00:22:32,560 Speaker 2: how the murder happens. They pull up next to Jose 387 00:22:32,680 --> 00:22:35,280 Speaker 2: Jimenez and they opened fire on the side of the car. 388 00:22:35,760 --> 00:22:38,560 Speaker 1: As was mentioned, the shell casings were found in front 389 00:22:38,600 --> 00:22:40,760 Speaker 1: of the car, and one of the fail shots had 390 00:22:40,760 --> 00:22:44,720 Speaker 1: a downward trajectory, suggesting a standing mobile shooter, but none 391 00:22:44,760 --> 00:22:46,879 Speaker 1: of this was pointed out to the jury. In addition, 392 00:22:47,320 --> 00:22:51,159 Speaker 1: the state's medical examiner, doctor Joseph Vereses, gave testimony that 393 00:22:51,240 --> 00:22:54,840 Speaker 1: in part corroborated this erroneous version of events by saying 394 00:22:54,920 --> 00:22:57,640 Speaker 1: that stippling may have been on the victim's face, which 395 00:22:57,720 --> 00:23:00,680 Speaker 1: is a typical accompanying injury when whenever there's a close 396 00:23:00,800 --> 00:23:01,840 Speaker 1: range gunshot. 397 00:23:01,720 --> 00:23:05,000 Speaker 2: If the cars line up with each other and Raffi 398 00:23:05,119 --> 00:23:09,280 Speaker 2: allegedly reaches across, blows the window out, and shoots the 399 00:23:09,320 --> 00:23:12,280 Speaker 2: span point blank in the head, then there would be 400 00:23:12,440 --> 00:23:16,000 Speaker 2: stippling all over the person's face. The medical examiner testified 401 00:23:16,240 --> 00:23:19,680 Speaker 2: that's stippling. It either can go through glass or it 402 00:23:19,800 --> 00:23:22,760 Speaker 2: can follow through the bullet hole and end up all 403 00:23:22,840 --> 00:23:25,840 Speaker 2: over a person's face. And when we had our medical 404 00:23:25,920 --> 00:23:29,359 Speaker 2: examiner review that, sirra weckt he's never heard of that 405 00:23:29,560 --> 00:23:32,920 Speaker 2: in his sixty years of being a medical examiner, that 406 00:23:33,040 --> 00:23:36,560 Speaker 2: stippling could go through glass. It's a physical impossibility. And 407 00:23:36,640 --> 00:23:41,040 Speaker 2: then specifically, the Emmy noted on his autopsy report that 408 00:23:41,160 --> 00:23:43,760 Speaker 2: he couldn't tell whether it was stippling or dicing. Now 409 00:23:43,840 --> 00:23:46,720 Speaker 2: what dicing is is when a window is blown out 410 00:23:46,880 --> 00:23:50,399 Speaker 2: and you get cuts from the window hitting a person's face, 411 00:23:50,920 --> 00:23:53,840 Speaker 2: which would be more likely in this case because there's 412 00:23:53,880 --> 00:23:56,520 Speaker 2: bullet holes in the front of the windshield and then 413 00:23:56,800 --> 00:23:59,280 Speaker 2: the driver's side window is blown out and the glasses 414 00:23:59,440 --> 00:24:00,640 Speaker 2: found all over the place. 415 00:24:00,960 --> 00:24:04,440 Speaker 1: But only this erroneous potential of stippling was mentioned in 416 00:24:04,480 --> 00:24:08,040 Speaker 1: front of the jury, which supported the close range gunshot theory. 417 00:24:08,560 --> 00:24:12,600 Speaker 1: The jury also heard from the state's ballistic expert, Charles Hopkins, 418 00:24:12,640 --> 00:24:15,440 Speaker 1: who testified that a forty five caliber and a nine 419 00:24:15,480 --> 00:24:17,920 Speaker 1: millimeter we used in the Jamenez murder and were also 420 00:24:18,040 --> 00:24:20,879 Speaker 1: found in the possession of individuals who are affiliated with 421 00:24:21,000 --> 00:24:21,800 Speaker 1: the Martinezes. 422 00:24:22,040 --> 00:24:24,000 Speaker 2: The guy that gets arrested with the forty five is 423 00:24:24,040 --> 00:24:27,399 Speaker 2: not connected to Raffi. The nine comes from Julian. We 424 00:24:27,520 --> 00:24:31,000 Speaker 2: spoke to Julian, and Julian specifically said he bought the 425 00:24:31,080 --> 00:24:35,120 Speaker 2: gun from Kubita, who was a member of Franklin Quavis's crew. 426 00:24:35,280 --> 00:24:38,320 Speaker 1: Just like Juan Urina's identification of Franklin Quavis. The jury 427 00:24:38,480 --> 00:24:41,760 Speaker 1: could and should have benefited from this information, even though 428 00:24:41,840 --> 00:24:45,080 Speaker 1: Julian never said that at trial. Years later, he recanted, 429 00:24:45,400 --> 00:24:49,960 Speaker 1: along with Edwin Mottos and Jordan Pratt Pedro Santiago's testimony 430 00:24:50,000 --> 00:24:53,080 Speaker 1: in another case destroyed his credibility in this one. And 431 00:24:53,240 --> 00:24:55,080 Speaker 1: then there's Iravinus. 432 00:24:55,440 --> 00:24:58,080 Speaker 2: Iravinus said that Raffi tape I don't know how many 433 00:24:58,160 --> 00:25:01,439 Speaker 2: kilos of cocaine on her and sent her to Switzerland. 434 00:25:01,680 --> 00:25:04,080 Speaker 2: And Raffi was in the Dominican Republic on the day 435 00:25:04,119 --> 00:25:06,359 Speaker 2: that happened, so the prosecutor had to concede that she 436 00:25:06,480 --> 00:25:07,119 Speaker 2: lied about that. 437 00:25:07,560 --> 00:25:11,480 Speaker 1: Airline tickets were presented to corroborate Rafi's alibi. In addition, 438 00:25:11,920 --> 00:25:15,920 Speaker 1: Iravinus testified about Raffi's alleged intentions to kill Jose Jimenez. 439 00:25:16,040 --> 00:25:19,200 Speaker 1: For her testimony, she received time served. And believe it 440 00:25:19,320 --> 00:25:22,920 Speaker 1: or not, the Jimenez murder investigation got even worse, but 441 00:25:23,040 --> 00:25:25,840 Speaker 1: we'll get to that later. Now the murder of Jose 442 00:25:25,960 --> 00:25:30,280 Speaker 1: Rees Julian testified about the alleged bounty. Santiago and Cologne 443 00:25:30,359 --> 00:25:33,000 Speaker 1: both testified about what they saw before and after, but 444 00:25:33,440 --> 00:25:35,880 Speaker 1: neither of them claimed to have seen the shooting, rather 445 00:25:36,160 --> 00:25:38,359 Speaker 1: that they had heard it from about a quarter of 446 00:25:38,359 --> 00:25:39,040 Speaker 1: a mile away. 447 00:25:39,320 --> 00:25:44,720 Speaker 3: And Vetos Gonzalez Loyos hee high next witness, and this 448 00:25:45,000 --> 00:25:49,119 Speaker 3: expel took the noise level from a weapon used in 449 00:25:49,320 --> 00:25:53,320 Speaker 3: the murder, and she came to the conclusion that it 450 00:25:53,600 --> 00:25:58,520 Speaker 3: was impossible for the cooperative witnesses to hear that shot 451 00:25:58,760 --> 00:26:01,240 Speaker 3: that Ki Jose Reye all the way down there and 452 00:26:01,320 --> 00:26:02,440 Speaker 3: one fifty seven. 453 00:26:03,400 --> 00:26:06,440 Speaker 1: Which impeached these witnesses enough for the jury, as Lorenzo 454 00:26:06,520 --> 00:26:10,520 Speaker 1: Martinez and Roberto Gonzales were acquitted of that murder. But unfortunately, 455 00:26:10,920 --> 00:26:14,680 Speaker 1: the attorney who Raphael's parents hired right before trial wasn't 456 00:26:14,680 --> 00:26:18,080 Speaker 1: afforded the time to tackle the broad scope of Raffi's charges. 457 00:26:18,600 --> 00:26:22,320 Speaker 2: Richard Jurampo gets hired during the pre trial hearing and 458 00:26:22,400 --> 00:26:26,200 Speaker 2: the judge refuses to give Richard Giampa an adjournment to 459 00:26:26,320 --> 00:26:29,359 Speaker 2: prepare for trial, so right after the pre trial hearing 460 00:26:29,680 --> 00:26:32,680 Speaker 2: they go into trial. And this is all Leslie Crocker's 461 00:26:32,680 --> 00:26:35,560 Speaker 2: stiter is doing. And when Richard Ciampa would fight with her, 462 00:26:35,960 --> 00:26:38,520 Speaker 2: she would punish him and admonish him him. 463 00:26:38,440 --> 00:26:41,680 Speaker 1: In front of the jury, and Fernando Camacho also attacked 464 00:26:41,760 --> 00:26:42,880 Speaker 1: him in front of the jury. 465 00:26:43,359 --> 00:26:47,640 Speaker 3: This is Camacho woting me Teiampa the main has being 466 00:26:47,800 --> 00:26:52,239 Speaker 3: on the case for five months. I offered him an 467 00:26:52,280 --> 00:26:55,960 Speaker 3: opportunity to look at all the evidence. He makes it 468 00:26:56,320 --> 00:27:03,000 Speaker 3: thing like he's being blindsided. He simply thoroughly prepaire. And 469 00:27:03,320 --> 00:27:05,360 Speaker 3: you've seen these as an excules. 470 00:27:05,880 --> 00:27:08,600 Speaker 2: How are you investigating during a four month long trial 471 00:27:08,600 --> 00:27:11,679 Speaker 2: while you're in court from nine to five getting sambaged. 472 00:27:11,920 --> 00:27:14,119 Speaker 2: There's no way he could have won. You don't know 473 00:27:14,240 --> 00:27:17,080 Speaker 2: that the witnesses are getting deals that aren't what they're 474 00:27:17,119 --> 00:27:17,840 Speaker 2: testifying to. 475 00:27:18,400 --> 00:27:20,960 Speaker 1: And then there's the things that Giampa did know that 476 00:27:21,160 --> 00:27:24,960 Speaker 1: Julian Martinez had admitted that the cooperators were being coerced. 477 00:27:25,040 --> 00:27:28,680 Speaker 1: But when Judge Crackerschneider heard the recording, strangely, she took 478 00:27:28,800 --> 00:27:31,639 Speaker 1: issue with the recording, but not the unreliability of the 479 00:27:31,680 --> 00:27:36,840 Speaker 1: state's witnesses. Later, she accused Giampa of paranoid delusions. Yet 480 00:27:36,960 --> 00:27:40,600 Speaker 1: she's the one who suppressed one Urana's identification of an 481 00:27:40,600 --> 00:27:42,000 Speaker 1: alternate suspect. 482 00:27:42,040 --> 00:27:46,119 Speaker 2: Frankie Quavis. He gets murdered in nineteen ninety three. How 483 00:27:46,200 --> 00:27:49,080 Speaker 2: many other people does he's shoot and kill? They knew 484 00:27:49,200 --> 00:27:50,960 Speaker 2: that this guy was the one who killed him. It's 485 00:27:51,040 --> 00:27:53,600 Speaker 2: in a police report that he's the killer. 486 00:27:54,000 --> 00:27:58,000 Speaker 1: So deprived of this kind of critical exculpatory information, the 487 00:27:58,080 --> 00:28:01,439 Speaker 1: deals received by cooperators, calling him a violent drug kingpin, 488 00:28:01,840 --> 00:28:05,080 Speaker 1: while the crack epidemic continued outside the courthouse. It was 489 00:28:05,119 --> 00:28:08,680 Speaker 1: a fatal complay. So on April eighth, nineteen ninety three, 490 00:28:08,840 --> 00:28:14,080 Speaker 1: Raphael was predictably wrongly convicted of various drug and firearm charges, 491 00:28:14,200 --> 00:28:18,480 Speaker 1: also conspiracy, attempted murder and the murder of Jose Jimenez 492 00:28:18,800 --> 00:28:23,360 Speaker 1: and per Judge Cracker Snyder, the sentences were to run consecutively, 493 00:28:23,840 --> 00:28:26,640 Speaker 1: totaling two hundred and thirteen years to life. 494 00:28:27,400 --> 00:28:31,200 Speaker 3: During this sentence, in preceding mister Gamache, this is him 495 00:28:31,240 --> 00:28:36,120 Speaker 3: talking for years how working, low aviving people have been 496 00:28:36,320 --> 00:28:40,000 Speaker 3: coming to this country and to how work they have 497 00:28:40,200 --> 00:28:44,800 Speaker 3: made it being a since Rafael Martine is also successful. 498 00:28:45,280 --> 00:28:50,200 Speaker 3: He was a multimillionaire by the age of twenty five. 499 00:28:50,840 --> 00:28:54,440 Speaker 3: But he didn't do it with sweat and how work. 500 00:28:54,880 --> 00:28:59,120 Speaker 3: He did it with violence and drags. He has taken 501 00:28:59,320 --> 00:29:05,680 Speaker 3: a wonderful concept and may it impure somehow Refaile Maltins 502 00:29:05,960 --> 00:29:10,720 Speaker 3: built an empire on one city, sevenstry and he decided 503 00:29:10,800 --> 00:29:15,840 Speaker 3: that a black belonged to him and at or pure Ergain. 504 00:29:28,880 --> 00:29:32,640 Speaker 3: From nineteen sixty seven to nineteen ninety one, when I 505 00:29:32,760 --> 00:29:37,080 Speaker 3: got arrested, nobody in this world, King said that I 506 00:29:37,280 --> 00:29:41,480 Speaker 3: raised my hand to be violanced for somebody. Since ninety 507 00:29:41,560 --> 00:29:46,040 Speaker 3: one to today, I am living in the world's condition. 508 00:29:46,360 --> 00:29:49,840 Speaker 3: A human being can be placing this place is violent. 509 00:29:50,480 --> 00:29:55,680 Speaker 3: They are all type of rows, contravance weapons. Over thirty 510 00:29:55,720 --> 00:29:58,680 Speaker 3: two years, I have a now tending record. I have 511 00:29:58,760 --> 00:30:01,160 Speaker 3: never raised my hand to help anyone. 512 00:30:02,040 --> 00:30:06,400 Speaker 1: Raphael also continued his education inside the walls, studying theology 513 00:30:06,600 --> 00:30:10,040 Speaker 1: and the law as Lorenzo and Isidoro fought their innocence 514 00:30:10,080 --> 00:30:13,320 Speaker 1: claims alongside him, but they didn't gain any traction on appeal. 515 00:30:13,640 --> 00:30:17,960 Speaker 2: It's very difficult when you have the spending witnesses. I 516 00:30:18,080 --> 00:30:20,960 Speaker 2: mean back in nineteen ninety nine Is the Door. Medina 517 00:30:21,280 --> 00:30:25,160 Speaker 2: actually obtained the first two recantations of the main cooperators. 518 00:30:25,400 --> 00:30:30,480 Speaker 3: In nineteen ninety nine, Jorgan Pratt and Edwin Motto executed 519 00:30:30,920 --> 00:30:35,520 Speaker 3: a NAFIDVI about what they went through with the Digit 520 00:30:35,760 --> 00:30:40,200 Speaker 3: Attorney Office in order for Dane to cooperate on fabricue 521 00:30:40,840 --> 00:30:44,240 Speaker 3: this every day. In my case, all the benefit that 522 00:30:44,320 --> 00:30:48,680 Speaker 3: they got they were allowed to have sex inside the 523 00:30:48,840 --> 00:30:50,360 Speaker 3: Manhattan disc Attorney. 524 00:30:50,080 --> 00:30:53,720 Speaker 2: Out Is the Door. Medina filed a post conviction motion 525 00:30:53,920 --> 00:30:54,920 Speaker 2: that got denied. 526 00:30:54,800 --> 00:30:58,440 Speaker 1: In addition to Edwin Mottos and Jordan Pratt, Julian Martinez 527 00:30:58,520 --> 00:31:02,120 Speaker 1: also recanted in two thousand thirteen, which began a rethinking 528 00:31:02,200 --> 00:31:05,120 Speaker 1: of the crime scene. In addition, an eyewitness of the 529 00:31:05,160 --> 00:31:09,920 Speaker 1: temenous murder named Russell Harris Warren affidavit also naming Franklin Quavis, 530 00:31:10,200 --> 00:31:13,400 Speaker 1: and his description of the crime aligned perfectly with the 531 00:31:13,480 --> 00:31:14,400 Speaker 1: forensics as well. 532 00:31:14,800 --> 00:31:18,040 Speaker 2: You know, Raffi files a blockbuster motion back in twenty 533 00:31:18,240 --> 00:31:22,880 Speaker 2: fifteen with recantations his alibi. This whole crime scene recreation 534 00:31:23,240 --> 00:31:26,000 Speaker 2: where the crime couldn't have happened the way Julian testified. 535 00:31:26,160 --> 00:31:29,320 Speaker 2: Nickeds thrown out, So I get involved. The summer of 536 00:31:29,360 --> 00:31:31,080 Speaker 2: twenty seventeen. 537 00:31:31,160 --> 00:31:34,040 Speaker 1: Justin scoured through the trial transcripts and requested Raffi's files 538 00:31:34,080 --> 00:31:36,680 Speaker 1: from the Manhattan DIA's office, and he found two dd 539 00:31:36,840 --> 00:31:40,360 Speaker 1: fives or police reports that contradicted the state's theory at trial. 540 00:31:40,760 --> 00:31:46,480 Speaker 2: Those police reports contradicted the testimony of Jordan Pratt and Julian, 541 00:31:46,600 --> 00:31:50,400 Speaker 2: which is that Raffi commits this murder in the car 542 00:31:50,560 --> 00:31:53,480 Speaker 2: that's usually driven by the Martinez brothers, which was a 543 00:31:53,560 --> 00:31:56,920 Speaker 2: golden black colored car. There were two eye witnesses from 544 00:31:57,000 --> 00:31:59,560 Speaker 2: above and they say the car that was in the 545 00:31:59,640 --> 00:32:02,960 Speaker 2: area was a white Toyota and those two d D 546 00:32:03,080 --> 00:32:04,840 Speaker 2: fives were not turned over a trial. 547 00:32:05,240 --> 00:32:07,720 Speaker 1: And then looking at the Franklin Quavis, who was known 548 00:32:07,760 --> 00:32:10,920 Speaker 1: to have driven a white Toyota, it became clear that 549 00:32:11,000 --> 00:32:14,240 Speaker 1: he was affiliated with get this none other than the 550 00:32:14,360 --> 00:32:17,120 Speaker 1: leader of the Red Top Crew, Lenny Suppleveda, as well 551 00:32:17,160 --> 00:32:18,920 Speaker 1: as his associate jose Yaka. 552 00:32:19,280 --> 00:32:22,680 Speaker 2: I sent my private investigator out to speak to Lenny 553 00:32:22,760 --> 00:32:27,320 Speaker 2: Suppleveda and jose Yaka, and Lenny, by the way, has 554 00:32:27,400 --> 00:32:31,760 Speaker 2: cooperated many times for the Manhattan District Attorney's office. Lenny 555 00:32:31,880 --> 00:32:36,280 Speaker 2: says that Franklin Quavis was the certified killer and Lenny 556 00:32:36,360 --> 00:32:39,000 Speaker 2: knew him. Back in eighty two, Frankie went to jail 557 00:32:39,040 --> 00:32:42,160 Speaker 2: for manslaughter, came home in nineteen eighty nine. Lenny set 558 00:32:42,240 --> 00:32:45,160 Speaker 2: him up with a block and some drugs, and a 559 00:32:45,240 --> 00:32:48,400 Speaker 2: part of Frankie's crew was a guy named Speedy. Speedy 560 00:32:48,440 --> 00:32:51,160 Speaker 2: gets killed in nineteen eighty nine, either before or after 561 00:32:51,440 --> 00:32:54,120 Speaker 2: Frankie comes home, and Speedy and Frankie were the same age. 562 00:32:54,160 --> 00:32:57,880 Speaker 2: They came up together and Frankie takes vengeance and jose 563 00:32:58,040 --> 00:33:01,400 Speaker 2: Yaka gives an affidavit where Jose the actor specifically says 564 00:33:01,440 --> 00:33:03,120 Speaker 2: that Frankie kills Chino. 565 00:33:03,600 --> 00:33:06,640 Speaker 1: Now, they had Franklin Craavis's motive, but what about Raffi's 566 00:33:06,680 --> 00:33:11,240 Speaker 1: alleged motive. Justin found the confidential informants DD five and 567 00:33:11,360 --> 00:33:14,840 Speaker 1: it turned out that this informant was actually an eyewitness. 568 00:33:15,160 --> 00:33:18,640 Speaker 2: The problem with this individual for the government is that 569 00:33:19,440 --> 00:33:22,680 Speaker 2: essentially this individual says that they're there and that they 570 00:33:22,720 --> 00:33:25,760 Speaker 2: don't see Rafael Martinez at the scene. That's never turned 571 00:33:25,800 --> 00:33:30,320 Speaker 2: over to defense. The police follow up on this allegation 572 00:33:31,160 --> 00:33:35,080 Speaker 2: that Rafael Martinez and Josejmenez have a beef, that Jose 573 00:33:35,240 --> 00:33:37,840 Speaker 2: Jimenez is the one that shot Raffi in eighty seven 574 00:33:38,200 --> 00:33:40,920 Speaker 2: in another DD five, and they determined that there's no 575 00:33:41,160 --> 00:33:45,040 Speaker 2: substance to that allegation, so that Jose Jimenez was not 576 00:33:45,240 --> 00:33:48,080 Speaker 2: the guy that shoots Rafael Martinez in the head in 577 00:33:48,160 --> 00:33:51,600 Speaker 2: nineteen eighty seven. Okay, this is independent evidence that wasn't 578 00:33:51,640 --> 00:33:52,160 Speaker 2: turned over. 579 00:33:52,360 --> 00:33:55,320 Speaker 1: So Raphael never had a motive. And with that, Justin 580 00:33:55,480 --> 00:33:58,560 Speaker 1: and his co counsul Oscar Michelin filed Raffi's initial four 581 00:33:58,600 --> 00:34:00,960 Speaker 1: to forty motion in December twenty twenty The. 582 00:34:01,000 --> 00:34:03,800 Speaker 2: Initial motion of vacate is about Franklin how the witnesses 583 00:34:03,920 --> 00:34:06,239 Speaker 2: lied about the deals they got, and it's about how 584 00:34:06,320 --> 00:34:09,680 Speaker 2: the forensic evidence shows that the way that the witnesses 585 00:34:09,760 --> 00:34:12,560 Speaker 2: testified the crime happened did not happen that way. But 586 00:34:12,880 --> 00:34:16,880 Speaker 2: then what happened an explosion, Okay, I believe it was 587 00:34:17,040 --> 00:34:20,480 Speaker 2: April of twenty twenty one when Lorenzo bumped into a 588 00:34:20,560 --> 00:34:23,200 Speaker 2: guy and sing sing it said, hey, you know the 589 00:34:23,320 --> 00:34:26,400 Speaker 2: guy in your case that you allegedly murdered with your brother, 590 00:34:27,360 --> 00:34:28,200 Speaker 2: I did his appeal. 591 00:34:28,920 --> 00:34:31,680 Speaker 1: Yeah. This is how it gets even worse because, in 592 00:34:31,800 --> 00:34:35,120 Speaker 1: addition to Franklin Quavis, the Bronx DIA was also after 593 00:34:35,280 --> 00:34:38,480 Speaker 1: Josejmanez and his brother Raymond for the murder of Armando 594 00:34:38,560 --> 00:34:43,120 Speaker 1: Speedy Baiaz in nineteen eighty nine. And Josejmanez was clearly 595 00:34:43,360 --> 00:34:47,279 Speaker 1: not killed in October of nineteen ninety because he was 596 00:34:47,480 --> 00:34:49,440 Speaker 1: convicted in nineteen ninety one. 597 00:34:49,840 --> 00:34:51,560 Speaker 2: And we get as a PELI brief and I'm like, 598 00:34:51,640 --> 00:34:54,760 Speaker 2: wait a second, this can't be the case. This is insane. 599 00:34:55,239 --> 00:34:57,880 Speaker 2: I do my due diligence. We get the indictment. We 600 00:34:58,000 --> 00:35:00,279 Speaker 2: then go to the Manhattan dida's office. They they give 601 00:35:00,360 --> 00:35:05,400 Speaker 2: us more information that supports that the brother that's allegedly 602 00:35:05,800 --> 00:35:07,040 Speaker 2: dead is actually alive. 603 00:35:07,719 --> 00:35:09,759 Speaker 1: Justin and Oscar then received some of the Bronx the 604 00:35:09,840 --> 00:35:12,520 Speaker 1: ACE file for the Speedy Bias murder case. 605 00:35:12,840 --> 00:35:16,440 Speaker 2: They gave us specific documents relating to the identity of 606 00:35:16,480 --> 00:35:21,600 Speaker 2: the brothers. Jose Jimenez's nickname was not Chino. Raymond Jimenez's 607 00:35:21,719 --> 00:35:28,960 Speaker 2: nickname was Chino. Jose Jimenez's nickname was Junior. Okay, it 608 00:35:29,080 --> 00:35:32,240 Speaker 2: made us look at the police reports all over again. 609 00:35:32,520 --> 00:35:37,040 Speaker 2: The actual initial police report says that Raymond Jimenez is 610 00:35:37,160 --> 00:35:40,120 Speaker 2: the one that's dead and not Jose Jimenez. And to 611 00:35:40,360 --> 00:35:43,680 Speaker 2: watch the changing of the name when you have this 612 00:35:43,840 --> 00:35:48,120 Speaker 2: confidential informant give up that Rafi has a beef Jose Amenez. 613 00:35:48,320 --> 00:35:51,000 Speaker 2: Now it's Jose Jimenez that's dead. It's outrageous. 614 00:35:51,560 --> 00:35:53,520 Speaker 1: Also in the Bronx file were all the details of 615 00:35:53,560 --> 00:35:56,399 Speaker 1: the Bias murder. How on May fourteenth, nineteen eighty nine, 616 00:35:56,640 --> 00:36:00,319 Speaker 1: Raymond Gino Jimenez handed his brother Jose Junior him as 617 00:36:00,360 --> 00:36:04,440 Speaker 1: a gun and Jose Junior fatally shot Armando Speedy Bias 618 00:36:04,560 --> 00:36:06,840 Speaker 1: in front of twenty four to twenty seven webster Avenue 619 00:36:06,880 --> 00:36:10,360 Speaker 1: in the Bronx. The Jimenez brothers were indicted on August 620 00:36:10,440 --> 00:36:13,359 Speaker 1: third of eighty nine, but then the indictment changed when 621 00:36:13,440 --> 00:36:16,520 Speaker 1: Raymond Chino Jimenez was killed on October twenty ninth, nineteen 622 00:36:16,600 --> 00:36:20,120 Speaker 1: ninety and his brother Jose Junior identified the body the 623 00:36:20,200 --> 00:36:23,560 Speaker 1: next day. There was also documentation of why Jose Junior 624 00:36:23,640 --> 00:36:24,680 Speaker 1: was tried in absentia. 625 00:36:25,120 --> 00:36:28,640 Speaker 2: At Jose Heimenez a sentence in hearing in September nineteen 626 00:36:28,680 --> 00:36:32,000 Speaker 2: ninety one, there were two witnesses that came in that 627 00:36:32,120 --> 00:36:36,200 Speaker 2: gave Affi Davids that explained that Jose Hemenez ran from 628 00:36:36,239 --> 00:36:39,279 Speaker 2: his trial because he was terrified of the guys that 629 00:36:39,400 --> 00:36:40,080 Speaker 2: killed his brother. 630 00:36:40,280 --> 00:36:43,359 Speaker 1: Jose Junior also gave an Affidavid on July twenty second, 631 00:36:43,440 --> 00:36:46,759 Speaker 1: nineteen ninety one, to the same effect. Either way, Jose 632 00:36:46,920 --> 00:36:51,640 Speaker 1: Junior was alive, convicted, arrested, and sent away for twenty 633 00:36:51,719 --> 00:36:54,000 Speaker 1: five to life. And it appears that this should have 634 00:36:54,080 --> 00:36:57,800 Speaker 1: come to light before or during Raphi's trial. 635 00:36:57,920 --> 00:37:02,279 Speaker 3: In the Middo de trial, oil as king wha or 636 00:37:02,360 --> 00:37:06,239 Speaker 3: say he made a creamin that repel say, oh, I 637 00:37:06,320 --> 00:37:09,440 Speaker 3: don't know if I can pull that up because he's 638 00:37:09,520 --> 00:37:14,239 Speaker 3: already dead. But I will check. I will let you know. 639 00:37:15,040 --> 00:37:19,240 Speaker 3: In the afternoon session he came back at one o'cloud 640 00:37:19,640 --> 00:37:24,399 Speaker 3: and say, oh, he has no creminal repel. Oh, say Jim, 641 00:37:24,480 --> 00:37:27,160 Speaker 3: and it was doing twenty five two lives in New 642 00:37:27,200 --> 00:37:29,239 Speaker 3: York State prisons. How are you going to say he 643 00:37:29,400 --> 00:37:30,800 Speaker 3: has no criminal record. 644 00:37:31,320 --> 00:37:35,200 Speaker 1: Fernando Camacho is currently a judge out in Suffolk County, 645 00:37:35,239 --> 00:37:39,080 Speaker 1: Long Island. So it turns out that not only was 646 00:37:39,120 --> 00:37:42,600 Speaker 1: Jose Junior still alive when Raphael was tried in nineteen 647 00:37:42,600 --> 00:37:45,319 Speaker 1: eighty three, but also as far as we know, he's 648 00:37:45,400 --> 00:37:49,040 Speaker 1: still alive and well as we record this episode right 649 00:37:49,120 --> 00:37:51,200 Speaker 1: now in early spring of twenty twenty four. 650 00:37:51,600 --> 00:37:54,800 Speaker 2: How I know Jose Hemanez is alive in a Dominican 651 00:37:54,840 --> 00:37:58,040 Speaker 2: republic is through his direct appeal. And then you can 652 00:37:58,160 --> 00:38:00,920 Speaker 2: look him up on the New York State Himate locator 653 00:38:01,360 --> 00:38:06,040 Speaker 2: and it says deported twenty sixteen, which lines up perfectly 654 00:38:06,560 --> 00:38:09,560 Speaker 2: to him going in in September of nineteen ninety one. 655 00:38:09,960 --> 00:38:12,560 Speaker 1: And yet no one was ever brought to justice for 656 00:38:12,640 --> 00:38:13,839 Speaker 1: his brother Raymond's murder. 657 00:38:14,200 --> 00:38:17,200 Speaker 2: It's not like they don't have a body. They do 658 00:38:17,440 --> 00:38:21,400 Speaker 2: have a body, right, It's that they didn't care. They 659 00:38:21,560 --> 00:38:25,880 Speaker 2: built this narrative. At some point, whether it was willfully 660 00:38:26,160 --> 00:38:29,799 Speaker 2: or inadvertently, they made a mistake, and then they refused 661 00:38:29,840 --> 00:38:33,680 Speaker 2: to correct it, and then they framed Raffi and Lorenzo 662 00:38:34,200 --> 00:38:37,000 Speaker 2: and their uncle for the murder of a man that's alive. 663 00:38:37,680 --> 00:38:43,240 Speaker 2: The government has actually admitted, they've conceded that Jose Hemenez 664 00:38:43,320 --> 00:38:47,560 Speaker 2: is alive. Their position is that it's not material enough 665 00:38:48,160 --> 00:38:49,280 Speaker 2: to warrann a new trial. 666 00:38:50,640 --> 00:38:54,640 Speaker 1: Jesus, so the dead guy's alive And I'm completely at 667 00:38:54,680 --> 00:38:58,440 Speaker 1: a loss. How is the guy who was killed being alive? 668 00:38:59,160 --> 00:39:01,560 Speaker 1: How's that no material? I mean, I don't know what 669 00:39:01,880 --> 00:39:07,160 Speaker 1: else the DA's office could possibly need to see here. Yeah, 670 00:39:07,600 --> 00:39:10,000 Speaker 1: I'm a little boondoggled by this one, I gotta say. 671 00:39:10,040 --> 00:39:12,520 Speaker 1: And with that, we're going to go to closing arguments. 672 00:39:12,880 --> 00:39:16,480 Speaker 1: I'm going to thank you both for sharing this truly 673 00:39:16,680 --> 00:39:19,680 Speaker 1: insane story. It's literally unlike any other one we've ever done. 674 00:39:19,960 --> 00:39:22,000 Speaker 1: And now I'm going to just sit back in my 675 00:39:22,200 --> 00:39:25,719 Speaker 1: chair and just listen for anything else you want to 676 00:39:25,800 --> 00:39:28,440 Speaker 1: share with me in our amazing audience. We call this 677 00:39:28,520 --> 00:39:31,080 Speaker 1: section closing arguments. Just that I'm going to turn it 678 00:39:31,120 --> 00:39:33,840 Speaker 1: over to you for any takeaways you might have and 679 00:39:34,000 --> 00:39:36,520 Speaker 1: then you turn it over to Rafi and he'll take 680 00:39:36,560 --> 00:39:37,680 Speaker 1: us off into the sunset. 681 00:39:38,000 --> 00:39:43,080 Speaker 2: I don't know. Takeaways are the criminals run the justice system? 682 00:39:43,360 --> 00:39:46,600 Speaker 2: This is criminal and the question is how many people 683 00:39:46,680 --> 00:39:47,600 Speaker 2: were involved with it? 684 00:39:48,040 --> 00:39:48,200 Speaker 1: Right? 685 00:39:48,640 --> 00:39:52,480 Speaker 2: I mean you have all these police officers, these cooperating 686 00:39:52,560 --> 00:39:54,800 Speaker 2: witnesses that they knew were testifying for. So you have 687 00:39:54,840 --> 00:39:58,799 Speaker 2: a prosecutor who at the very least was not sure 688 00:39:58,840 --> 00:40:01,520 Speaker 2: who was dead. If you're just not sure, say it, 689 00:40:01,880 --> 00:40:04,360 Speaker 2: say I don't know, maybe this was a mistaken identity. 690 00:40:04,520 --> 00:40:07,480 Speaker 2: That's not what he did. He doubled down on it. Meanwhile, 691 00:40:07,520 --> 00:40:10,880 Speaker 2: Joseymane is a sitting in stay prison. Everyone should be 692 00:40:11,080 --> 00:40:15,600 Speaker 2: frightened at the power of our government to prosecute people 693 00:40:15,719 --> 00:40:15,880 Speaker 2: like this. 694 00:40:16,719 --> 00:40:19,800 Speaker 3: I just would like to say to Abindrad, I have 695 00:40:20,160 --> 00:40:25,040 Speaker 3: so much respectful him, but I think he shouldn't be 696 00:40:25,719 --> 00:40:28,400 Speaker 3: a sail or hesitate to do the right thing in 697 00:40:28,480 --> 00:40:32,840 Speaker 3: my case, because anyone who knows me will see that 698 00:40:33,239 --> 00:40:37,840 Speaker 3: I am a fine person, very respectful, loving persons and 699 00:40:38,320 --> 00:40:42,600 Speaker 3: everybody is safe around me because I am anything. I 700 00:40:42,760 --> 00:40:47,560 Speaker 3: was prosecuted for allegedly killing jose Jimene. We found that 701 00:40:47,719 --> 00:40:51,120 Speaker 3: he is alive. There is no reason to go anyfo 702 00:40:51,800 --> 00:40:55,719 Speaker 3: is over. I just care about being a free man. 703 00:40:56,480 --> 00:41:01,360 Speaker 3: Please just look at the everything. Maybe days and bifudal 704 00:41:01,560 --> 00:41:04,839 Speaker 3: law is what is going to side me see. 705 00:41:11,920 --> 00:41:14,719 Speaker 1: Thank you for listening to Wrongful Conviction. You can listen 706 00:41:14,760 --> 00:41:17,080 Speaker 1: to this and all the Lava for Good podcasts one 707 00:41:17,160 --> 00:41:20,080 Speaker 1: week early by subscribing to Lava for Good Plus on 708 00:41:20,239 --> 00:41:23,320 Speaker 1: Apple Podcasts. I want to thank our production team Connor 709 00:41:23,400 --> 00:41:26,400 Speaker 1: Hall and Kathleen Fink, as well as my fellow executive 710 00:41:26,400 --> 00:41:30,120 Speaker 1: producers Jeff Kempler, Kevin Wartis, and Jeff Cliburn. The music 711 00:41:30,160 --> 00:41:32,720 Speaker 1: in this production was supplied by three time OSCAR nominated 712 00:41:32,760 --> 00:41:35,759 Speaker 1: composer Jay Ralph. Be sure to follow us across all 713 00:41:35,800 --> 00:41:39,440 Speaker 1: social media platforms at Lava for Good and at Wrongful Conviction. 714 00:41:39,840 --> 00:41:42,800 Speaker 1: You can also follow me on Instagram at It's Jason Flamm. 715 00:41:43,120 --> 00:41:45,920 Speaker 1: Wrongful Conviction is a production of Lava for Good Podcasts 716 00:41:46,080 --> 00:41:48,359 Speaker 1: and association with Signal Company Number one