1 00:00:02,560 --> 00:00:06,400 Speaker 1: On February sixth, twenty eleven, a party in a queen's 2 00:00:06,400 --> 00:00:10,119 Speaker 1: New York basement turned violent, and when those involved were 3 00:00:10,160 --> 00:00:14,640 Speaker 1: forced out into the exit stairwell, two gunshots were fired 4 00:00:14,680 --> 00:00:19,400 Speaker 1: into the door, fatally striking twenty six year old Avalisa Morris. 5 00:00:21,680 --> 00:00:25,520 Speaker 1: The police were soon directed toward a couple Felicia Douglas 6 00:00:25,560 --> 00:00:30,040 Speaker 1: and O'Neill Mayers, whose argument allegedly ignited the fray. Even 7 00:00:30,080 --> 00:00:33,680 Speaker 1: though O'Neill claims to have left before the gunshots and 8 00:00:34,040 --> 00:00:36,960 Speaker 1: didn't match the initial descriptions of the likely shooter, he 9 00:00:37,080 --> 00:00:40,880 Speaker 1: was arrested and tried, along with his friend Nicholas Allen, 10 00:00:41,120 --> 00:00:45,199 Speaker 1: who had left the party hours before the shooting. This 11 00:00:46,000 --> 00:00:55,279 Speaker 1: is wrongful Conviction. You're listening to Wrongful Conviction. You can 12 00:00:55,320 --> 00:00:57,840 Speaker 1: listen to this and all the Lava for Good podcasts 13 00:00:57,880 --> 00:01:01,320 Speaker 1: one week early and ad free subscribing to Lava for 14 00:01:01,400 --> 00:01:13,720 Speaker 1: Good Plus on Apple Podcasts. Welcome back to Ronfuel Conviction, 15 00:01:13,760 --> 00:01:16,200 Speaker 1: where our guest is calling in from the country of 16 00:01:16,280 --> 00:01:19,080 Speaker 1: Jamaica to tell us about a case that happened near 17 00:01:19,319 --> 00:01:23,200 Speaker 1: Jamaica Queens and started with an absolutely senseless act of 18 00:01:23,240 --> 00:01:27,000 Speaker 1: violence which was then compounded by convicting at least one, 19 00:01:27,040 --> 00:01:32,160 Speaker 1: if not two innocent men, one of them being Nicholas Brucky. Allen, welcome, 20 00:01:32,520 --> 00:01:34,960 Speaker 1: Thank you, all right. So tell us about growing up 21 00:01:34,959 --> 00:01:37,160 Speaker 1: in Jamaica and coming to the US. 22 00:01:37,440 --> 00:01:40,640 Speaker 2: I was born in Kingston, Jamaica. I got four sisters 23 00:01:40,680 --> 00:01:43,360 Speaker 2: and three brothers. Two of them was like babies, and 24 00:01:43,400 --> 00:01:45,600 Speaker 2: one of them was born while I was in the States, 25 00:01:45,600 --> 00:01:48,400 Speaker 2: so I didn't really actually grew up with those three. 26 00:01:48,720 --> 00:01:50,560 Speaker 2: I came to the stage when I was like twelve. 27 00:01:50,680 --> 00:01:54,520 Speaker 2: So I just remember where I used to live in Jamaica. 28 00:01:54,640 --> 00:01:56,960 Speaker 2: It was like a soccer field next. 29 00:01:56,680 --> 00:01:59,880 Speaker 3: To my home. Soccer was just my love. 30 00:02:00,280 --> 00:02:03,840 Speaker 2: If my friend's playing on the street bearfooted, I will 31 00:02:03,840 --> 00:02:06,000 Speaker 2: go out there and also play bearfooted. 32 00:02:06,240 --> 00:02:08,560 Speaker 1: So where did the nickname Brockie come from? 33 00:02:09,120 --> 00:02:15,400 Speaker 2: In Jamaican culture, we call dribble brooke when you cross 34 00:02:15,480 --> 00:02:21,160 Speaker 2: somebody that's basically you brooking everybody. Basically Brookie is somebody 35 00:02:21,160 --> 00:02:23,919 Speaker 2: that does just love to dribble and don't like the past. 36 00:02:24,040 --> 00:02:26,720 Speaker 3: And it's funny because when I. 37 00:02:26,680 --> 00:02:30,359 Speaker 2: Got to the States, my first team, Cambria Heights, it 38 00:02:30,480 --> 00:02:32,639 Speaker 2: was a lady that first called me Brookie. 39 00:02:32,720 --> 00:02:35,040 Speaker 3: I never told her that was my nickname. In Jamaica. 40 00:02:35,040 --> 00:02:36,760 Speaker 3: I never told her that. She just watched me. She 41 00:02:36,800 --> 00:02:39,040 Speaker 3: was like, yo, you was a Brookie and. 42 00:02:38,960 --> 00:02:41,000 Speaker 2: I'm like, oh, that's what they called me in Jamaica. 43 00:02:41,080 --> 00:02:41,720 Speaker 3: That's my name. 44 00:02:42,080 --> 00:02:44,400 Speaker 1: But it wasn't soccer that brought him to New York. 45 00:02:44,840 --> 00:02:47,160 Speaker 2: At the age of eleven, I was diagnosed with you 46 00:02:47,360 --> 00:02:50,440 Speaker 2: and star a coma. It was a form of cancer. 47 00:02:50,639 --> 00:02:53,680 Speaker 2: This was like around two thousand. I started off getting 48 00:02:53,720 --> 00:02:58,200 Speaker 2: treatment in Jamaica, but my auntie came into the States 49 00:02:58,200 --> 00:03:01,440 Speaker 2: and on the teaching program. She went to the courts 50 00:03:01,480 --> 00:03:05,200 Speaker 2: with my dad and my mom did the legal guardianship. 51 00:03:05,520 --> 00:03:06,880 Speaker 3: So the lawyer told. 52 00:03:06,760 --> 00:03:08,520 Speaker 2: Her when you're in the States and you get your 53 00:03:08,720 --> 00:03:10,800 Speaker 2: green card, he's going to get his. When you become 54 00:03:10,800 --> 00:03:14,079 Speaker 2: a citizen, he will become citizen. So she had took 55 00:03:14,080 --> 00:03:17,320 Speaker 2: me into the States. I did chemoturpy. I had no hair, 56 00:03:17,560 --> 00:03:19,440 Speaker 2: so I used to wear a lot of door rags 57 00:03:19,720 --> 00:03:21,480 Speaker 2: a lot of time. When I used to play soccer, 58 00:03:21,600 --> 00:03:23,560 Speaker 2: it was like I was the sick on. Everybody was 59 00:03:23,600 --> 00:03:27,640 Speaker 2: just looking at me. But that never stopped me. I 60 00:03:27,680 --> 00:03:30,480 Speaker 2: play hard. I went to Automotive High School. My own 61 00:03:30,600 --> 00:03:33,280 Speaker 2: was a teacher at the school. But yo, they never 62 00:03:33,400 --> 00:03:36,640 Speaker 2: seen the playoff until I came. When I came, took 63 00:03:36,640 --> 00:03:38,960 Speaker 2: them the playoff the whole four years. 64 00:03:38,720 --> 00:03:41,280 Speaker 3: That I was there. I graduated. 65 00:03:41,520 --> 00:03:44,040 Speaker 2: Then from there I got in a soccer scholarship to 66 00:03:44,120 --> 00:03:48,880 Speaker 2: Globe College. Went for a year and a half and 67 00:03:48,920 --> 00:03:50,560 Speaker 2: that's when I got arrested. 68 00:03:50,880 --> 00:03:53,840 Speaker 1: And he was arrested along with another young Jamaican man 69 00:03:53,920 --> 00:03:55,120 Speaker 1: named O'Neill Mayers. 70 00:03:55,480 --> 00:03:59,680 Speaker 2: I met Mayors through guys from my soccer team. They 71 00:03:59,720 --> 00:04:03,400 Speaker 2: were quit mars at Walmart. When I first met him, 72 00:04:03,520 --> 00:04:06,880 Speaker 2: I never get any bad vibes. I see that he 73 00:04:07,000 --> 00:04:10,480 Speaker 2: always works to take care of his son. You know, 74 00:04:10,560 --> 00:04:14,560 Speaker 2: I'm on college and stuff, so I used to love parties, 75 00:04:14,640 --> 00:04:18,480 Speaker 2: so you know, me and Mirors sometimes will go to parties. 76 00:04:18,440 --> 00:04:20,479 Speaker 1: And that's what was happening at the time of this 77 00:04:20,600 --> 00:04:25,120 Speaker 1: tragic shooting. O'Neill's supervisor at Walmart, Damian Skurvin, had planned 78 00:04:25,120 --> 00:04:27,160 Speaker 1: a party for his wife Nikki at their friend Mary 79 00:04:27,240 --> 00:04:31,200 Speaker 1: Johnson's apartment on February fifth, twenty eleven, even though there 80 00:04:31,240 --> 00:04:34,839 Speaker 1: was a competing party nearby at Nicholas's friend named Pouchi 81 00:04:35,080 --> 00:04:38,599 Speaker 1: Poochie's house. Both O'Neill and Nicholas were drawn to the 82 00:04:38,640 --> 00:04:41,480 Speaker 1: Skurvans party to see two girls who they had met 83 00:04:41,520 --> 00:04:45,160 Speaker 1: the night before, one of whom Britney Goodrich later testified. 84 00:04:45,240 --> 00:04:49,000 Speaker 1: Now this previous night, February fourth, they were up really late, 85 00:04:49,200 --> 00:04:52,599 Speaker 1: leading to a midday nap for O'Neil that nearly lasted 86 00:04:52,640 --> 00:04:55,919 Speaker 1: through both parties on February fifth. But Nicholas was close 87 00:04:55,960 --> 00:04:59,240 Speaker 1: with Poochie's boyfriend Gabby Francis, so he made sure he 88 00:04:59,320 --> 00:05:00,000 Speaker 1: was at Pooci's. 89 00:05:00,279 --> 00:05:02,640 Speaker 2: So when I got there, I was pretty much helping 90 00:05:02,720 --> 00:05:06,240 Speaker 2: him decoration, helping, cooking the food, stuff like that. So 91 00:05:06,279 --> 00:05:10,640 Speaker 2: around twelve midnight, I pull up my friends Cafarri, Samuel, 92 00:05:10,920 --> 00:05:16,400 Speaker 2: Dwayne Right, Gabby Francis, and Dennis Cunningham, and I told him, oh, listen, 93 00:05:16,520 --> 00:05:20,080 Speaker 2: Damien is having a birthday party for his wife tonight. 94 00:05:20,279 --> 00:05:23,480 Speaker 2: Y'all want to go support, and they agreed. They call 95 00:05:23,560 --> 00:05:26,320 Speaker 2: a cab. I got there around twelve ish and I 96 00:05:26,400 --> 00:05:29,280 Speaker 2: left like early one. When we got there, I saw 97 00:05:29,400 --> 00:05:32,800 Speaker 2: Brittany dancing under the light. The only spot in the 98 00:05:32,839 --> 00:05:35,240 Speaker 2: basement had light was where the DJ booth was at, 99 00:05:35,279 --> 00:05:37,040 Speaker 2: So I went right up to Brittany. I asked her 100 00:05:37,040 --> 00:05:39,520 Speaker 2: how she's doing. I told her I'm not staying. My 101 00:05:39,600 --> 00:05:42,440 Speaker 2: people have a party, so I'm leaving. She put her 102 00:05:42,520 --> 00:05:46,360 Speaker 2: number with my phone and I never seen mirrors at 103 00:05:46,360 --> 00:05:49,479 Speaker 2: that party. Never Me and Mirrs was not together. It 104 00:05:49,600 --> 00:05:52,559 Speaker 2: was my four friends and we left in a cab 105 00:05:52,720 --> 00:05:54,880 Speaker 2: back to Pucci party. For the rest of the night, 106 00:05:55,040 --> 00:05:57,520 Speaker 2: we drink, dance, we took pictures. One of the girls 107 00:05:57,520 --> 00:06:00,520 Speaker 2: over there took a picture with me and around the 108 00:06:00,560 --> 00:06:01,679 Speaker 2: same time as. 109 00:06:01,480 --> 00:06:04,080 Speaker 1: The incident, it was just about eight minutes after the 110 00:06:04,120 --> 00:06:07,000 Speaker 1: shooting when Nicholas took a picture with Vanessa Bunton on 111 00:06:07,040 --> 00:06:09,920 Speaker 1: a digital camera. Now remember this was twenty eleven when 112 00:06:09,960 --> 00:06:13,560 Speaker 1: folks were still transitioning from flip phones, iPods and cameras 113 00:06:13,600 --> 00:06:17,239 Speaker 1: to the all in one smartphone that's now ubiquitous. But anyway, 114 00:06:17,279 --> 00:06:19,719 Speaker 1: we'll get back to Vanessa Bunton and this picture in 115 00:06:19,800 --> 00:06:23,320 Speaker 1: a bit. So let's rewind to about three o'clock in 116 00:06:23,320 --> 00:06:23,800 Speaker 1: the morning. 117 00:06:24,160 --> 00:06:27,160 Speaker 2: Around three on he called me saying, yo, you just 118 00:06:27,200 --> 00:06:31,120 Speaker 2: got up. He's gonna go to Damien wife's Porty Nikki 119 00:06:31,320 --> 00:06:33,800 Speaker 2: on his block because the party actually kept on his block. 120 00:06:33,960 --> 00:06:36,240 Speaker 2: So I said, oh yeah, I was there earlier. 121 00:06:36,160 --> 00:06:39,360 Speaker 3: And I got Brittany number. That was it. Around a 122 00:06:39,440 --> 00:06:40,760 Speaker 3: little bit before five. 123 00:06:41,279 --> 00:06:43,800 Speaker 2: He called me back again, saying the party got shoot up, 124 00:06:43,880 --> 00:06:45,880 Speaker 2: asked if I was still at Pucci I said yes, 125 00:06:45,960 --> 00:06:47,920 Speaker 2: and he said I'm coming right now. When he came, 126 00:06:48,000 --> 00:06:50,080 Speaker 2: he sat in the car and he told me the 127 00:06:50,160 --> 00:06:53,000 Speaker 2: girl that he was talking to the day before. He 128 00:06:53,160 --> 00:06:57,520 Speaker 2: was talking to her and his girlfriend came over slapped him, 129 00:06:58,080 --> 00:07:01,880 Speaker 2: and out of a reflex, he slapped her back and 130 00:07:02,200 --> 00:07:05,599 Speaker 2: she went outside crying and stuff. He also said he 131 00:07:05,720 --> 00:07:08,320 Speaker 2: noticed the commotions at the door. He said the DJ 132 00:07:08,440 --> 00:07:11,400 Speaker 2: got into it with somebody and he just pushed through 133 00:07:11,400 --> 00:07:13,960 Speaker 2: the commotions and left. While he got to the front 134 00:07:14,000 --> 00:07:15,960 Speaker 2: of the house, he said he heard gunshots and he 135 00:07:16,120 --> 00:07:18,400 Speaker 2: just ran home, jump in his car, called me and 136 00:07:18,640 --> 00:07:20,040 Speaker 2: came to me at Pouci's. 137 00:07:20,480 --> 00:07:23,200 Speaker 1: To exit the basement, O'Neill left through the back door 138 00:07:23,240 --> 00:07:25,840 Speaker 1: to a covered stairwall that led to the backyard, where 139 00:07:25,840 --> 00:07:29,679 Speaker 1: his girlfriend Felicia Douglass and her friend Vanessa Edwards claimed 140 00:07:29,680 --> 00:07:32,480 Speaker 1: to have seen him, which he doesn't deny. What he 141 00:07:32,560 --> 00:07:35,880 Speaker 1: does deny is going back down the stairwell and shooting 142 00:07:36,080 --> 00:07:38,840 Speaker 1: at the door. Now. According to the initial police reports, 143 00:07:38,880 --> 00:07:41,760 Speaker 1: also known as DV five's, the guest of honor, Nicki 144 00:07:41,840 --> 00:07:45,040 Speaker 1: Scurvin the host Mary Johnson, as well as the victim 145 00:07:45,120 --> 00:07:47,480 Speaker 1: of Alisa Morris, pushed a group of three or four 146 00:07:47,520 --> 00:07:50,640 Speaker 1: young men out into the back stairwell and slammed the door, 147 00:07:50,680 --> 00:07:53,000 Speaker 1: and the group tried to force their way back in. 148 00:07:53,440 --> 00:07:56,760 Speaker 2: I heard that she used her back to prevent the 149 00:07:56,760 --> 00:07:59,640 Speaker 2: guys from coming back and said and shot fired and 150 00:08:00,000 --> 00:08:02,120 Speaker 2: mis Kelly hit her in their head. When the cops 151 00:08:02,240 --> 00:08:06,160 Speaker 2: had just came Mary Johnson's she identified a tall, light 152 00:08:06,200 --> 00:08:07,800 Speaker 2: skin with braids in his. 153 00:08:07,840 --> 00:08:11,960 Speaker 1: Thirties, which doesn't describe O'Neill or Nicholas. 154 00:08:12,120 --> 00:08:15,760 Speaker 2: Also, NICKI Scurvin the morning off the crime. When the 155 00:08:15,800 --> 00:08:18,360 Speaker 2: cops came in our DD five, she never mentioned O'Neill. 156 00:08:18,400 --> 00:08:19,840 Speaker 2: Mayers never mentioned me at all. 157 00:08:19,960 --> 00:08:22,200 Speaker 1: But both of those statements would change by the time 158 00:08:22,240 --> 00:08:25,480 Speaker 1: of the grand jury and trial, as would pretty much 159 00:08:25,920 --> 00:08:30,240 Speaker 1: everyone else's statements, including O'Neill's girlfriend Felicia Douglas and her 160 00:08:30,280 --> 00:08:33,640 Speaker 1: friend Vanessa Edwards. Now. In their first statements, they said 161 00:08:33,720 --> 00:08:36,679 Speaker 1: that they had seen O'Neill emerge from the coupvered stairwell, 162 00:08:36,800 --> 00:08:40,280 Speaker 1: which is undisputed, but was it before or after the 163 00:08:40,320 --> 00:08:45,800 Speaker 1: gunshots well? Either way, Felicia texted O'Neill after giving her statement. 164 00:08:46,160 --> 00:08:48,240 Speaker 2: So we were still in the car, he got a 165 00:08:48,280 --> 00:08:51,560 Speaker 2: text from his girlfriend saying that such and such a 166 00:08:51,640 --> 00:08:55,120 Speaker 2: diet and you and your friend Brookie did it. So 167 00:08:55,160 --> 00:08:57,080 Speaker 2: he showed me the texts. I'm like, what the hell 168 00:08:57,160 --> 00:08:57,840 Speaker 2: is she talking about? 169 00:08:57,880 --> 00:08:58,040 Speaker 3: You know? 170 00:08:58,240 --> 00:09:00,640 Speaker 2: But I looked at Mayer's face. I could see like 171 00:09:00,640 --> 00:09:03,600 Speaker 2: a worried look. So he tried to call her. She 172 00:09:03,760 --> 00:09:06,640 Speaker 2: answered on the fifth call, and she was just crying. 173 00:09:07,160 --> 00:09:09,320 Speaker 2: He said, Yo, what's going on? Why you send me 174 00:09:09,400 --> 00:09:12,600 Speaker 2: that text? So she was like, they made me do it, 175 00:09:13,000 --> 00:09:15,960 Speaker 2: They made me do it. So he said, why would 176 00:09:15,960 --> 00:09:16,640 Speaker 2: you tell the police? 177 00:09:16,679 --> 00:09:18,600 Speaker 3: I did nothing? Why do you tell the police? Go 178 00:09:18,679 --> 00:09:20,160 Speaker 3: tell the police. I didn't do nothing. 179 00:09:20,280 --> 00:09:23,880 Speaker 2: We had found out later on that basically the friends 180 00:09:23,880 --> 00:09:25,840 Speaker 2: of the victim tell her, yo, listen, you and your 181 00:09:25,880 --> 00:09:27,800 Speaker 2: man came here and mess up my party, so you 182 00:09:27,880 --> 00:09:30,360 Speaker 2: better go tell the cops that he did that. That's 183 00:09:30,400 --> 00:09:33,199 Speaker 2: when she had gave the police on ill number. 184 00:09:33,640 --> 00:09:37,040 Speaker 1: But with no views through the stairwells covering the basement 185 00:09:37,080 --> 00:09:41,280 Speaker 1: door or any meaningful ballistics evidence, no witnesses or experts 186 00:09:41,320 --> 00:09:43,960 Speaker 1: could claim to know who pulled the trigger, and without 187 00:09:44,000 --> 00:09:47,760 Speaker 1: the ever important timing aspect had O'Neil been seen before 188 00:09:48,120 --> 00:09:51,480 Speaker 1: or after the gunshots, and with no other names being 189 00:09:51,559 --> 00:09:54,679 Speaker 1: mentioned besides O'Neil, he became the target. 190 00:09:54,920 --> 00:09:57,800 Speaker 3: So we were still in the car. He looked distressed. 191 00:09:58,040 --> 00:10:00,520 Speaker 2: A few minutes later, a detective by the name of 192 00:10:00,960 --> 00:10:04,640 Speaker 2: Pearson called him saying that he's a person of interest 193 00:10:04,720 --> 00:10:06,560 Speaker 2: and they would like to speak with him. So he said, 194 00:10:06,559 --> 00:10:08,560 Speaker 2: all right, no doubt, I'm coming in right now. So 195 00:10:08,760 --> 00:10:11,880 Speaker 2: I stayed and I waited for him to come back, 196 00:10:11,960 --> 00:10:12,959 Speaker 2: and he never came back. 197 00:10:13,600 --> 00:10:17,160 Speaker 1: O'Neill was arrested, and since no one could actually see 198 00:10:17,160 --> 00:10:21,640 Speaker 1: the shooting, they used the circumstances. Someone had to place 199 00:10:21,679 --> 00:10:23,760 Speaker 1: a gun in his hand in the stairwell at the 200 00:10:23,800 --> 00:10:27,360 Speaker 1: time of the crime. So by the grand jury, Vanessa 201 00:10:27,480 --> 00:10:30,479 Speaker 1: Edwards testified that when O'Neill first emerged from the stairwell, 202 00:10:30,720 --> 00:10:33,240 Speaker 1: he had a gun in his hand. Then the group 203 00:10:33,280 --> 00:10:37,440 Speaker 1: went back down the covered stairwell and shots were fired. However, 204 00:10:37,600 --> 00:10:40,400 Speaker 1: Felicia's story changed in a different way. 205 00:10:40,720 --> 00:10:43,440 Speaker 2: The two statements that she gave to the cops. She 206 00:10:43,559 --> 00:10:46,640 Speaker 2: was saying that she saw Onneila ran up the steps. 207 00:10:46,960 --> 00:10:50,040 Speaker 2: The other statement she had said that she just said 208 00:10:50,080 --> 00:10:52,760 Speaker 2: this because she was mad, because Onlyla had slapped her. 209 00:10:53,280 --> 00:10:57,840 Speaker 2: She also made a statement to one's lawyer saying that 210 00:10:58,320 --> 00:11:02,559 Speaker 2: she was mad and was also forced by the victim 211 00:11:02,600 --> 00:11:05,880 Speaker 2: friends tell the cops that she saw on it ran 212 00:11:05,960 --> 00:11:08,880 Speaker 2: up the steps, and she also made a statement to 213 00:11:09,000 --> 00:11:12,560 Speaker 2: my attorney saying that she never even seen me that 214 00:11:12,600 --> 00:11:13,120 Speaker 2: whole night. 215 00:11:13,679 --> 00:11:18,200 Speaker 1: And at this point, neither Vanessa Edwards, Nicki Scurvin, nor 216 00:11:18,280 --> 00:11:22,240 Speaker 1: Mary Johnson had mentioned Nicholas, only Felicia had done so 217 00:11:22,559 --> 00:11:27,199 Speaker 1: in that text that she now just disavowed. Vanessa Edwards 218 00:11:27,240 --> 00:11:30,200 Speaker 1: also maintained that she hadn't seen Nicholas since earlier in 219 00:11:30,240 --> 00:11:34,120 Speaker 1: the evening. But Nicholas becomes involved because during the month 220 00:11:34,200 --> 00:11:37,000 Speaker 1: following the shooting, O'Neil had let Nicholas his car. 221 00:11:37,400 --> 00:11:41,280 Speaker 2: So a month later I noticed an unmarked car following me. 222 00:11:41,840 --> 00:11:44,600 Speaker 2: They passed me, came in front of me, made a 223 00:11:44,640 --> 00:11:48,520 Speaker 2: sound stop, forcing me to stop. Then they jumped up 224 00:11:48,640 --> 00:11:51,440 Speaker 2: and it was just police everywhere, guns everywhere. 225 00:11:52,200 --> 00:11:54,680 Speaker 3: Move Move, motherfuckers. I could shoot you. Move. So I'm like, 226 00:11:54,720 --> 00:11:56,160 Speaker 3: I'm not moving. I'm not moving. 227 00:11:56,800 --> 00:11:59,280 Speaker 2: They dragged me out of car, put my face on 228 00:11:59,320 --> 00:12:02,320 Speaker 2: the ground with the knee in my face. Detective Pearson 229 00:12:02,480 --> 00:12:04,960 Speaker 2: came in, got me and brought me to one thirteen. 230 00:12:04,640 --> 00:12:08,480 Speaker 1: Percent, and this detective Timothy Pearson, recently served as a 231 00:12:08,559 --> 00:12:12,040 Speaker 1: top aid to New York City Mayor Eric Adams. Apparently 232 00:12:12,080 --> 00:12:14,480 Speaker 1: they go way back, and he has faced or is 233 00:12:14,480 --> 00:12:18,600 Speaker 1: currently facing allegations ranging from corruption, pay the play schemes, 234 00:12:18,640 --> 00:12:21,760 Speaker 1: as well as rape and other sexual misconduct. But there's 235 00:12:21,760 --> 00:12:25,800 Speaker 1: no known history of wrongful convictions, that is until now. 236 00:12:26,080 --> 00:12:28,720 Speaker 2: So when I got to one thirteen percint, they asked me, 237 00:12:28,800 --> 00:12:30,839 Speaker 2: do you know why I'm here? I'm like, maybe because 238 00:12:30,880 --> 00:12:33,280 Speaker 2: I was driving my friend's car and he was charged 239 00:12:33,320 --> 00:12:36,200 Speaker 2: for murder. They said yes, but there is more. The 240 00:12:36,280 --> 00:12:39,440 Speaker 2: car was seen leaving the scene that waitness saw me 241 00:12:39,520 --> 00:12:42,400 Speaker 2: and O'Neill together that night, So I said, no, that 242 00:12:42,520 --> 00:12:45,360 Speaker 2: can't be true. So he said, O'Neill said I was 243 00:12:45,360 --> 00:12:45,920 Speaker 2: with him that. 244 00:12:45,960 --> 00:12:49,840 Speaker 1: Night, which yes, they were together, but only after the 245 00:12:49,880 --> 00:12:53,079 Speaker 1: shooting when they met up at Pucci's house. Now, always 246 00:12:53,120 --> 00:12:57,439 Speaker 1: remember it is legal for the police to lie or mislead. 247 00:12:57,960 --> 00:13:00,880 Speaker 1: I'm hoping that'll change someday, but that's the way it is. 248 00:13:00,920 --> 00:13:04,280 Speaker 1: And the reality here was that Nicholas and O'Neill had 249 00:13:04,320 --> 00:13:06,800 Speaker 1: been calling each other before they actually met up. 250 00:13:07,000 --> 00:13:07,920 Speaker 3: So I'm like, I have. 251 00:13:08,120 --> 00:13:10,960 Speaker 2: Proof in my phone that we was actually calling each other. 252 00:13:11,600 --> 00:13:13,840 Speaker 2: If you check my call log, you could see recent 253 00:13:13,920 --> 00:13:17,040 Speaker 2: call and only called me at three, and he called 254 00:13:17,080 --> 00:13:19,959 Speaker 2: me also at five. It was like a tow way phone. 255 00:13:20,000 --> 00:13:22,320 Speaker 2: It was a Walmart phone. So the only thing that 256 00:13:22,360 --> 00:13:25,520 Speaker 2: phone could prove is the recent call. So I don't 257 00:13:25,559 --> 00:13:28,439 Speaker 2: know if they did check or not, but my phone 258 00:13:28,480 --> 00:13:32,120 Speaker 2: end up disappearing, right. I told my lawyer about the phone, 259 00:13:32,400 --> 00:13:35,040 Speaker 2: and they told my lawyer in evidence. 260 00:13:35,280 --> 00:13:37,240 Speaker 3: Right days past, my lawyer tried. 261 00:13:37,040 --> 00:13:40,280 Speaker 2: To get the phone back again and they said the 262 00:13:40,320 --> 00:13:42,600 Speaker 2: phone disappeared. The phone can be found. 263 00:13:43,200 --> 00:13:46,480 Speaker 1: I mean, why let perfectly good exculpatory evidence get in 264 00:13:46,480 --> 00:13:51,160 Speaker 1: the way of what appears to be manufactured evidence. This 265 00:13:51,280 --> 00:13:55,120 Speaker 1: came in the form of another alleged partygoer, the upstairs neighbor, 266 00:13:55,160 --> 00:13:58,440 Speaker 1: a guy named Richard Bennett. For the first time, he 267 00:13:58,480 --> 00:14:01,360 Speaker 1: claimed to have seen the alleged sailants being pushed out 268 00:14:01,400 --> 00:14:04,840 Speaker 1: of the basement back door. Never mind that from where 269 00:14:04,880 --> 00:14:08,000 Speaker 1: he said he was standing, he couldn't have seen that door. 270 00:14:08,320 --> 00:14:11,400 Speaker 1: Then he said he ran upstairs to his apartment. This 271 00:14:11,559 --> 00:14:13,960 Speaker 1: is a two family home, so he had to go 272 00:14:14,000 --> 00:14:17,480 Speaker 1: out Mary Johnson's front door outside to access his own 273 00:14:17,520 --> 00:14:20,160 Speaker 1: front door, and he claimed that this is when he 274 00:14:20,240 --> 00:14:23,840 Speaker 1: saw three alleged assailants. And now he was at the 275 00:14:23,880 --> 00:14:27,120 Speaker 1: precinct of view a lineup featuring Nicholas. 276 00:14:27,320 --> 00:14:32,000 Speaker 2: He was seeing a Facebook photo off me minutes before 277 00:14:32,600 --> 00:14:36,000 Speaker 2: the lineup. This same guy testified at a grandjury that 278 00:14:36,240 --> 00:14:38,520 Speaker 2: I have a tattoo on the right side of my neck. 279 00:14:38,680 --> 00:14:41,400 Speaker 2: This same guy said that when me and Oni got 280 00:14:41,400 --> 00:14:43,040 Speaker 2: to the front of the house, he said a point 281 00:14:43,080 --> 00:14:45,240 Speaker 2: a gun in his face. He said, I said to him, 282 00:14:45,320 --> 00:14:48,400 Speaker 2: what's you're looking at, motherfucker? And while he was looking 283 00:14:48,440 --> 00:14:51,560 Speaker 2: at me, he saw a tattoo on my neck, with words, 284 00:14:51,960 --> 00:14:54,240 Speaker 2: I don't have no tattoo, never have a tattoo on me. 285 00:14:54,320 --> 00:14:59,200 Speaker 1: Ever, nevertheless, now Panessa Edwards and Richard Bennett both placed 286 00:14:59,200 --> 00:15:02,240 Speaker 1: O'Neill and the at the scene with guns in their hands. 287 00:15:02,640 --> 00:15:04,800 Speaker 2: They charged us with acting in concert. 288 00:15:05,000 --> 00:15:05,840 Speaker 3: I was arraigned. 289 00:15:06,120 --> 00:15:08,800 Speaker 2: I had a bunch of people in court that was 290 00:15:08,920 --> 00:15:11,520 Speaker 2: there with me at Pucci house. It looked like the 291 00:15:11,600 --> 00:15:14,240 Speaker 2: judge were considering to give me a bill until the 292 00:15:14,280 --> 00:15:17,640 Speaker 2: district attorney jumped up and said, judge, the victim family 293 00:15:17,720 --> 00:15:21,040 Speaker 2: scared for their life, and the judge was like, no bill, 294 00:15:21,280 --> 00:15:24,960 Speaker 2: you know, so I was sent to rakas Allen. It 295 00:15:25,120 --> 00:15:28,440 Speaker 2: was a new experience for me, so I had to 296 00:15:28,760 --> 00:15:29,640 Speaker 2: adapt fast. 297 00:15:30,120 --> 00:15:32,240 Speaker 3: I was young. I was like in the jungle. 298 00:15:32,280 --> 00:15:35,560 Speaker 2: I was like around some wild kids that's probably been 299 00:15:35,600 --> 00:15:39,280 Speaker 2: to jail more than my fingers, you know. 300 00:15:53,800 --> 00:15:58,520 Speaker 1: Nicholas spent three long, miserable years in pre trial detention 301 00:15:58,840 --> 00:16:02,880 Speaker 1: on the Notori Complex, not as Riker's Island, which is 302 00:16:03,360 --> 00:16:07,480 Speaker 1: just fucking wild. I mean, from March twenty eleven to 303 00:16:07,560 --> 00:16:13,120 Speaker 1: November twenty fourteen, not convicted of a freaking thing. This 304 00:16:13,320 --> 00:16:15,600 Speaker 1: was around the same time that Khalif Browder, by the 305 00:16:15,600 --> 00:16:18,400 Speaker 1: Way Rest in Peace was there for three years pre 306 00:16:18,480 --> 00:16:21,280 Speaker 1: trial as well. We're going to link to the Kaliff 307 00:16:21,280 --> 00:16:25,280 Speaker 1: Browder documentary in the episode description. Well, luckily Nicholas was 308 00:16:25,280 --> 00:16:28,640 Speaker 1: able to survive this ordeal, unlike Khalif. But meanwhile, on 309 00:16:28,680 --> 00:16:32,400 Speaker 1: the outside, O'Neil and Nicholas's attorneys had three years to 310 00:16:32,440 --> 00:16:37,640 Speaker 1: prepare for cross examinations, and despite Nicholas's phone just magically disappearing, 311 00:16:38,000 --> 00:16:41,360 Speaker 1: he still had his alibi, witnesses and the picture with 312 00:16:41,480 --> 00:16:45,360 Speaker 1: Vanessa Punton, placing him a fifteen minute drive away from 313 00:16:45,400 --> 00:16:48,640 Speaker 1: Mary Johnson's just about eight minutes after the shooting. The 314 00:16:48,720 --> 00:16:52,840 Speaker 1: only issue was that in the digital cameras settings AM 315 00:16:53,000 --> 00:16:54,280 Speaker 1: had been flipped with PM. 316 00:16:54,400 --> 00:16:57,120 Speaker 2: Well, my lawyer was telling me that even though the 317 00:16:57,160 --> 00:16:59,960 Speaker 2: time stamp it's saying PM instead of M. When it's 318 00:17:00,120 --> 00:17:03,240 Speaker 2: time for trial, he would get Vanessa to come and 319 00:17:03,320 --> 00:17:04,359 Speaker 2: testify for. 320 00:17:04,440 --> 00:17:07,280 Speaker 1: The grand jury. Only the photo was entered into evidence. 321 00:17:07,560 --> 00:17:10,520 Speaker 1: In addition, his friend Gabby Francis testified that he was 322 00:17:10,520 --> 00:17:13,040 Speaker 1: with Nicholas all night, including when they had gone to 323 00:17:13,080 --> 00:17:16,800 Speaker 1: the Scurvins party and back to Poocies, but Britney Goodrich, 324 00:17:17,280 --> 00:17:19,679 Speaker 1: the girl that had traded phone numbers with him, She 325 00:17:19,840 --> 00:17:22,520 Speaker 1: claimed that Nicholas had returned later on in the morning. 326 00:17:22,840 --> 00:17:26,120 Speaker 2: There was a weakness go by the name of Larissa White. 327 00:17:26,280 --> 00:17:28,840 Speaker 2: She also wrote a statement the morning of the crime. 328 00:17:29,119 --> 00:17:33,040 Speaker 2: She also testified in a grand jury, and her testimony 329 00:17:33,160 --> 00:17:36,240 Speaker 2: was that when the shot rang out, she was upstairs 330 00:17:36,240 --> 00:17:39,959 Speaker 2: with Britney Goodrich looking for their coats to leave. So 331 00:17:40,200 --> 00:17:43,520 Speaker 2: she contradicts Brittany because Brittany said she was down in 332 00:17:43,560 --> 00:17:45,720 Speaker 2: the basement when the shots rang out and that's the 333 00:17:45,800 --> 00:17:46,919 Speaker 2: last time she saw me. 334 00:17:47,320 --> 00:17:50,520 Speaker 1: Vanessa Edwards also testified that the last time she saw 335 00:17:50,600 --> 00:17:54,080 Speaker 1: Nicholas was earlier in the night, which also impeached Brittany, 336 00:17:54,320 --> 00:17:57,680 Speaker 1: as well as Nicki Skurvin and Mary Johnson's new statements, 337 00:17:57,720 --> 00:18:00,120 Speaker 1: which now aligned with the state's narrative. 338 00:18:00,080 --> 00:18:01,000 Speaker 3: D five statement. 339 00:18:01,040 --> 00:18:04,280 Speaker 2: As Mary Johnson, she gave to the cops she identified 340 00:18:04,400 --> 00:18:08,280 Speaker 2: a tall, light skin with braids in his thirties. That 341 00:18:08,440 --> 00:18:12,400 Speaker 2: was just disregarded. So my lawyer let her know that 342 00:18:13,160 --> 00:18:16,000 Speaker 2: he's not tall, he's not light skin, and you know 343 00:18:16,040 --> 00:18:16,520 Speaker 2: what I'm saying. 344 00:18:16,680 --> 00:18:20,080 Speaker 3: So her thing was that it was me. I was there. 345 00:18:19,880 --> 00:18:23,840 Speaker 2: Also, Nicki Scurvin, minutes after the situation, she never mentioned 346 00:18:23,880 --> 00:18:26,320 Speaker 2: ONeill Mayors. She never mentioned me at all. It was 347 00:18:26,480 --> 00:18:29,480 Speaker 2: at the Grand Jewelry when she mentioned O'Neill and me. 348 00:18:29,880 --> 00:18:32,840 Speaker 2: Then in the first trial, Mary Johnson she said, my 349 00:18:32,960 --> 00:18:36,440 Speaker 2: hair was basically braided up with rubber bands at the tip, 350 00:18:36,800 --> 00:18:39,560 Speaker 2: wearing a jeans jacket with a gray shirt. That's was 351 00:18:39,600 --> 00:18:42,080 Speaker 2: not my appearance that night. The picture that I took 352 00:18:42,160 --> 00:18:46,560 Speaker 2: showed a different appearance. Everybody put me into a different clothing, earstyle. 353 00:18:46,760 --> 00:18:51,679 Speaker 2: Everybody description was just off, but hers was funny and ridiculous. 354 00:18:52,119 --> 00:18:56,840 Speaker 1: So despite photographic evidence of the contrary, Mary Johnson and 355 00:18:56,920 --> 00:18:59,959 Speaker 1: Nicki Scurvin supported the state's trial narrative, which was that 356 00:19:00,160 --> 00:19:05,159 Speaker 1: after O'Neill and Felicia traded slaps, that O'Neill, Nicholas, and 357 00:19:05,200 --> 00:19:08,199 Speaker 1: two others were forced to leave the party by the victim, 358 00:19:08,320 --> 00:19:10,959 Speaker 1: as well as Mary Johnson and Nicki Scurvin. 359 00:19:11,320 --> 00:19:11,960 Speaker 3: Nicki's Curvin. 360 00:19:12,080 --> 00:19:15,000 Speaker 2: She testified that she went to you gotta go because 361 00:19:15,280 --> 00:19:17,359 Speaker 2: you and your girl messed up my party. 362 00:19:17,440 --> 00:19:18,760 Speaker 3: And she said. 363 00:19:18,520 --> 00:19:21,480 Speaker 2: One'll tell her leave me alone. And while she grabbed him, 364 00:19:21,640 --> 00:19:24,480 Speaker 2: she said, he like swring her hands off him. And 365 00:19:24,560 --> 00:19:27,119 Speaker 2: as he did that, she said she saw something that 366 00:19:27,200 --> 00:19:29,600 Speaker 2: appears to be a gun in his waist. When she 367 00:19:29,680 --> 00:19:32,840 Speaker 2: saw the gun, she said, ONeill said, yo, leave me alone. 368 00:19:32,960 --> 00:19:35,240 Speaker 2: You want to mess with badman. Don't mess with badman. 369 00:19:35,440 --> 00:19:38,840 Speaker 2: That's the Jamaican term saying that, don't mess with the gangster. 370 00:19:39,440 --> 00:19:40,200 Speaker 3: So she said. 371 00:19:40,480 --> 00:19:43,359 Speaker 2: Other people came in shove shove him out. So they 372 00:19:43,400 --> 00:19:45,320 Speaker 2: asked her what I was doing. She said, I was 373 00:19:45,359 --> 00:19:48,560 Speaker 2: just there. She said, she got us out, closed the door. 374 00:19:48,880 --> 00:19:51,240 Speaker 2: As we're trying to bang the door to come back in, 375 00:19:51,440 --> 00:19:54,640 Speaker 2: the door cracked open and she saw my face, so 376 00:19:54,720 --> 00:19:55,520 Speaker 2: she put. 377 00:19:55,320 --> 00:19:56,160 Speaker 3: Me on the scene. 378 00:19:56,600 --> 00:20:00,560 Speaker 1: Then Vanessa Edwards stuck with her initial statement about O'Neil 379 00:20:00,640 --> 00:20:03,399 Speaker 1: emerging from the stairwell, but this time she added a 380 00:20:03,440 --> 00:20:04,560 Speaker 1: gun and more. 381 00:20:04,960 --> 00:20:08,640 Speaker 2: She testified that she saw one ran up the steps 382 00:20:08,760 --> 00:20:11,400 Speaker 2: with a gun in his hand with about four guys, 383 00:20:11,440 --> 00:20:14,879 Speaker 2: and the four guys ran back down the steps. She 384 00:20:15,000 --> 00:20:18,520 Speaker 2: heard the shots, and then the guys walked back up 385 00:20:18,640 --> 00:20:22,760 Speaker 2: and ran down the driveway. So Maloya asked her, did 386 00:20:22,800 --> 00:20:24,919 Speaker 2: she ever saw my face before? She said yes, she 387 00:20:24,960 --> 00:20:27,560 Speaker 2: saw me that night talking to Brittany. Did you see 388 00:20:27,640 --> 00:20:29,800 Speaker 2: him run up the steps with those group of guys? 389 00:20:29,800 --> 00:20:30,280 Speaker 3: She said no. 390 00:20:30,680 --> 00:20:32,399 Speaker 2: Last time she saw me was the time that I 391 00:20:32,440 --> 00:20:34,199 Speaker 2: was talking to Brittany, and she never saw me back that. 392 00:20:34,280 --> 00:20:38,240 Speaker 1: Night, which contradicts Mary Johnson and Nikki Scurvin, who claimed 393 00:20:38,240 --> 00:20:41,240 Speaker 1: to have seen Nicholas's face when Ava Lisa Morris slammed 394 00:20:41,280 --> 00:20:44,040 Speaker 1: the door shut on the four men before two gun 395 00:20:44,080 --> 00:20:45,520 Speaker 1: shots were fired through the door. 396 00:20:46,160 --> 00:20:50,400 Speaker 2: There was a hole that's higher and there's another lower hole. 397 00:20:50,840 --> 00:20:54,440 Speaker 2: The ballistic detective he was trying to say, I fired 398 00:20:54,440 --> 00:20:57,919 Speaker 2: the lower hole and because one was taller, he fired 399 00:20:58,080 --> 00:21:02,840 Speaker 2: the higher hole. So like this is just your speculations 400 00:21:03,359 --> 00:21:06,199 Speaker 2: or this is a fact. He said, no, it's just 401 00:21:06,640 --> 00:21:08,960 Speaker 2: in speculating. So Maloya ax him. 402 00:21:09,119 --> 00:21:10,920 Speaker 3: Was it one gun? Was it two gun? 403 00:21:11,000 --> 00:21:13,080 Speaker 2: Did they fire one gun and gave it to the 404 00:21:13,119 --> 00:21:14,560 Speaker 2: other one and the other one fired? 405 00:21:14,680 --> 00:21:15,199 Speaker 3: What was it? 406 00:21:15,240 --> 00:21:17,800 Speaker 2: So he couldn't answer, So it was just based off 407 00:21:17,840 --> 00:21:20,560 Speaker 2: of his speculations. 408 00:21:19,840 --> 00:21:22,920 Speaker 1: And what appears to be wishful thinking to nab two 409 00:21:22,960 --> 00:21:25,720 Speaker 1: gunmen for the price of one, when in actuality, what 410 00:21:26,040 --> 00:21:29,159 Speaker 1: they had were two forty five caliber shell cases believed 411 00:21:29,160 --> 00:21:31,480 Speaker 1: to have been fired from a semi automatic weapon, which 412 00:21:31,520 --> 00:21:35,040 Speaker 1: simply could have been fired from different angles. But they 413 00:21:35,320 --> 00:21:38,800 Speaker 1: continued right along with the two shooter theory, putting Richard 414 00:21:38,840 --> 00:21:42,840 Speaker 1: Bennett on the stand, and he proceeded to impeach himself twice, 415 00:21:43,000 --> 00:21:45,080 Speaker 1: first claiming that he was at the front side of 416 00:21:45,119 --> 00:21:47,399 Speaker 1: the basement about to head up the stairs when he'd 417 00:21:47,400 --> 00:21:49,680 Speaker 1: seen o, Neil and Nicholas being forced out the back door, 418 00:21:49,840 --> 00:21:52,959 Speaker 1: but there was a structure, a bathroom that had been 419 00:21:53,000 --> 00:21:55,719 Speaker 1: built between those two points and it was blocking his 420 00:21:55,840 --> 00:21:58,840 Speaker 1: view of the back door. And then came self sabotage 421 00:21:58,920 --> 00:22:01,679 Speaker 1: number two, when he claimed to have gone upstairs and 422 00:22:01,760 --> 00:22:02,600 Speaker 1: out the front door. 423 00:22:03,040 --> 00:22:06,000 Speaker 2: So he said, while he was outside opening the door, 424 00:22:06,160 --> 00:22:09,000 Speaker 2: he said he saw me and Onneil. He said, I 425 00:22:09,119 --> 00:22:11,840 Speaker 2: said to him, what's you looking at motherfucker pointing the 426 00:22:11,840 --> 00:22:14,560 Speaker 2: gun in his face. And he was asked, did you say, mister, 427 00:22:14,600 --> 00:22:16,240 Speaker 2: and you saw a tattoo on his neck? 428 00:22:16,640 --> 00:22:18,280 Speaker 3: Yes, he got a tattoo on his neck. 429 00:22:18,480 --> 00:22:20,879 Speaker 2: So when I took the stand, my lawyer asked me 430 00:22:20,920 --> 00:22:23,520 Speaker 2: to show my neck, and I don't have no tattoo, 431 00:22:23,560 --> 00:22:26,800 Speaker 2: never have a tattoo on me ever, But Bennett was 432 00:22:27,119 --> 00:22:30,159 Speaker 2: certain that he saw a tattoo and it was in words. 433 00:22:30,440 --> 00:22:33,600 Speaker 1: Then Gabby Francis teestified that Nicholas had been with him 434 00:22:33,640 --> 00:22:38,399 Speaker 1: all night and therefore unavailable for this crime. The picture 435 00:22:38,440 --> 00:22:41,840 Speaker 1: with Vanessa Bunden was also presented, which not only impeached 436 00:22:41,920 --> 00:22:45,440 Speaker 1: all the hair and clothing descriptions, but also corroborated his alibi, 437 00:22:45,680 --> 00:22:49,240 Speaker 1: placing him a fifteen minute drive away right about eight 438 00:22:49,320 --> 00:22:52,679 Speaker 1: minutes after the shooting. And instead of attacking the incorrect 439 00:22:52,760 --> 00:22:56,680 Speaker 1: AMPM setting up the timestamp, the district attorney, Denise Tarini, 440 00:22:56,800 --> 00:22:57,840 Speaker 1: took a different tact. 441 00:22:58,040 --> 00:23:00,160 Speaker 2: She was trying to say that I did the crime 442 00:23:00,400 --> 00:23:05,280 Speaker 2: and a rush to Puccios. So her argument was like, yes, judge, 443 00:23:05,640 --> 00:23:08,080 Speaker 2: he knew what he was doing. He did that, and 444 00:23:08,119 --> 00:23:10,960 Speaker 2: then he rushed over there and say, let me take 445 00:23:10,960 --> 00:23:12,359 Speaker 2: a picture to show that I was here. 446 00:23:12,600 --> 00:23:17,360 Speaker 1: So let's recap. Vanessa Edwards contradicted Scurvin, Johnson and Bennett, 447 00:23:17,720 --> 00:23:22,520 Speaker 1: while Bennett proceeded to impeach himself even more. And then 448 00:23:22,880 --> 00:23:28,280 Speaker 1: there was the worthless ballistics speculation, followed by Ada Denise 449 00:23:28,359 --> 00:23:34,080 Speaker 1: Terini's own worthless speculation about the photo. But still some 450 00:23:34,200 --> 00:23:37,359 Speaker 1: jurors they just wanted to believe in their guilt. 451 00:23:37,760 --> 00:23:41,240 Speaker 2: We went for deliberation and we was in the bullpen 452 00:23:41,960 --> 00:23:44,520 Speaker 2: and it was just a wall separating us from the 453 00:23:45,000 --> 00:23:49,560 Speaker 2: deliberation room, so we could actually hear the juries like 454 00:23:49,920 --> 00:23:52,400 Speaker 2: raising their voice cursing like I. 455 00:23:52,359 --> 00:23:53,240 Speaker 3: Don't give a fuck. 456 00:23:53,560 --> 00:23:56,840 Speaker 2: He did not do it, he caunnot see, he cannot 457 00:23:56,840 --> 00:23:57,879 Speaker 2: see through the bathroom. 458 00:23:58,119 --> 00:23:59,000 Speaker 3: I don't give a fuck. 459 00:23:59,600 --> 00:24:03,000 Speaker 2: So me and Oni like we got elated because we 460 00:24:03,000 --> 00:24:05,280 Speaker 2: were like damn people in there fighting for us. The 461 00:24:05,440 --> 00:24:09,280 Speaker 2: verdict came back, they said, judge, we can't decide, and 462 00:24:09,359 --> 00:24:12,119 Speaker 2: it was a hang jury. The child would have to 463 00:24:12,160 --> 00:24:13,040 Speaker 2: go over again. 464 00:24:13,880 --> 00:24:15,680 Speaker 3: And it was like mixed. 465 00:24:15,480 --> 00:24:18,600 Speaker 2: Feeling because like I was happy and I was said 466 00:24:18,640 --> 00:24:21,320 Speaker 2: because I was sent back to rack as Allen, and 467 00:24:21,920 --> 00:24:25,280 Speaker 2: also I felt like all right, no, we know what 468 00:24:25,400 --> 00:24:25,720 Speaker 2: was said. 469 00:24:25,800 --> 00:24:27,399 Speaker 3: So next time it would be better. 470 00:24:27,880 --> 00:24:30,959 Speaker 1: But the district attorney also observed what worked and what 471 00:24:31,080 --> 00:24:35,159 Speaker 1: clearly did not. So eight months later, at the second trial, 472 00:24:35,840 --> 00:24:40,280 Speaker 1: Vanessa Edwards needed to not contradict half the state's witnesses, 473 00:24:40,440 --> 00:24:43,439 Speaker 1: most of whom had previously testified about how dark it 474 00:24:43,480 --> 00:24:47,080 Speaker 1: had been in the basement, thereby making it difficult to see, 475 00:24:47,720 --> 00:24:50,920 Speaker 1: so that part of the narrative needed to change. And 476 00:24:50,960 --> 00:24:54,760 Speaker 1: then Richard Bennett needed to try to somehow deflect from 477 00:24:54,800 --> 00:24:59,440 Speaker 1: his previous self sabotage and focus solely on identifying Nicholas. 478 00:25:00,119 --> 00:25:04,199 Speaker 2: My second trial started and Richard Bennon he was the 479 00:25:04,240 --> 00:25:08,000 Speaker 2: first witness call to the stand, right, so eight months 480 00:25:08,080 --> 00:25:11,240 Speaker 2: later he trying to say that, you don't remember saying 481 00:25:11,240 --> 00:25:11,800 Speaker 2: no tattoo. 482 00:25:11,880 --> 00:25:12,960 Speaker 3: You don't remember saying that. 483 00:25:13,320 --> 00:25:15,280 Speaker 2: So you know, we did read backs from the first 484 00:25:15,359 --> 00:25:18,400 Speaker 2: trial and grand jury acting him, do you remember saying, yeah, 485 00:25:18,600 --> 00:25:20,720 Speaker 2: witness point of gun in my face had a tattoo 486 00:25:20,720 --> 00:25:23,160 Speaker 2: on his right side of his neck. And then that's 487 00:25:23,160 --> 00:25:25,399 Speaker 2: when he was like, yeah, I remember saying that. But 488 00:25:25,640 --> 00:25:28,240 Speaker 2: he came back in the second trial trying to say, 489 00:25:28,280 --> 00:25:32,560 Speaker 2: you don't remember saying it. District attorney disregard that old tattoo. 490 00:25:32,600 --> 00:25:36,560 Speaker 2: She said, first of all, Richard Bennon was not identifying 491 00:25:36,600 --> 00:25:40,119 Speaker 2: a tattoo. He was identifying my face. And she was like, 492 00:25:40,280 --> 00:25:42,680 Speaker 2: so what what if he thought he saw a tattoo. 493 00:25:43,160 --> 00:25:47,479 Speaker 2: So she disregarded that whole thing, and she asked him 494 00:25:47,480 --> 00:25:48,280 Speaker 2: about the lighting. 495 00:25:48,440 --> 00:25:50,359 Speaker 3: He said it was dark. It was dark. 496 00:25:50,400 --> 00:25:55,080 Speaker 2: It was dark, and she become frustrated. Now you know, 497 00:25:55,720 --> 00:25:58,400 Speaker 2: in the first trial that was like a big thing 498 00:25:58,600 --> 00:26:01,520 Speaker 2: for my side, were trying to prove, like, yo, is 499 00:26:01,560 --> 00:26:03,800 Speaker 2: a party, it's pretty much dark. 500 00:26:03,560 --> 00:26:05,040 Speaker 3: Like, yeah, the DJ have light. 501 00:26:05,440 --> 00:26:08,200 Speaker 2: In the second trial, the district attorney. 502 00:26:07,840 --> 00:26:11,199 Speaker 3: She lit up the whole place. It was so bright. 503 00:26:11,840 --> 00:26:14,080 Speaker 2: She was like Christmas lights was in the basement. Light 504 00:26:14,240 --> 00:26:16,720 Speaker 2: was shining from outside coming into the basement. 505 00:26:16,880 --> 00:26:18,160 Speaker 3: She was lit up the whole place. 506 00:26:18,200 --> 00:26:21,880 Speaker 2: That's why the ballistic detective came back and started testifying 507 00:26:21,880 --> 00:26:26,159 Speaker 2: about lights. So Monmoy was like, Yo, you supposed to 508 00:26:26,200 --> 00:26:28,960 Speaker 2: be testifying about ballistic evidence. Why are you coming here 509 00:26:29,000 --> 00:26:31,680 Speaker 2: testifying about lights? You never said that in your first child. 510 00:26:31,680 --> 00:26:33,120 Speaker 2: Why are you coming here talking about the light. 511 00:26:33,520 --> 00:26:36,639 Speaker 1: So it appears that testifying about the lights was a 512 00:26:36,640 --> 00:26:40,520 Speaker 1: better use of this expert than his speculations. In addition, 513 00:26:40,640 --> 00:26:44,040 Speaker 1: Mary Johnson and Nicki Scurvin steered away from the erroneous 514 00:26:44,080 --> 00:26:47,199 Speaker 1: hair and clothing descriptions and focused instead on making the 515 00:26:47,240 --> 00:26:50,240 Speaker 1: IDs and placing a gun on O'Neill. 516 00:26:50,640 --> 00:26:54,800 Speaker 2: In the second trial, Nickiy Scurvy she was more sturdy. 517 00:26:55,040 --> 00:26:58,080 Speaker 2: Her husband actually came also in the second trial and 518 00:26:58,160 --> 00:27:02,159 Speaker 2: testify on RBA testify and said she was drunk. He 519 00:27:02,200 --> 00:27:04,320 Speaker 2: said one time he was trying to talk to her, 520 00:27:04,480 --> 00:27:05,800 Speaker 2: she couldn't even recognize him. 521 00:27:05,840 --> 00:27:08,720 Speaker 3: She was up in his face. So he testified that 522 00:27:08,800 --> 00:27:10,040 Speaker 3: she was actually drunk. 523 00:27:10,560 --> 00:27:14,160 Speaker 1: But that impeachment mattered a little less when Vanessa Edwards 524 00:27:14,200 --> 00:27:16,199 Speaker 1: took the stand to place o'neel at the scene with 525 00:27:16,280 --> 00:27:19,480 Speaker 1: a gun and was careful not to clear Nicholas again, 526 00:27:19,920 --> 00:27:22,400 Speaker 1: thereby impeaching the other state's witnesses. 527 00:27:22,840 --> 00:27:25,679 Speaker 2: My lawyer asked her the same thing again. Was I 528 00:27:25,720 --> 00:27:27,960 Speaker 2: in the group? She said she don't know, because she 529 00:27:28,040 --> 00:27:30,080 Speaker 2: wasn't looking at face and she was just looking at 530 00:27:30,119 --> 00:27:33,160 Speaker 2: the gun that Meares had in his hand. You could 531 00:27:33,160 --> 00:27:36,040 Speaker 2: tell that she was coached by the district attorney. My 532 00:27:36,119 --> 00:27:38,760 Speaker 2: lawyer picked that up throughout the whole trial because they 533 00:27:38,880 --> 00:27:40,399 Speaker 2: was like button heads. 534 00:27:40,440 --> 00:27:42,040 Speaker 3: They was literally arguing. 535 00:27:42,200 --> 00:27:45,040 Speaker 2: I remember incident my girlfriend came in and told me, oh, 536 00:27:45,280 --> 00:27:49,159 Speaker 2: mister Mitchell just cursed out mister Reno. He told her 537 00:27:49,240 --> 00:27:50,760 Speaker 2: that you're trying to set up my client. You're trying 538 00:27:50,800 --> 00:27:52,720 Speaker 2: to send my client to jail, not over my dead body. 539 00:27:52,760 --> 00:27:55,240 Speaker 2: And it was a big argument in the elevator. It 540 00:27:55,359 --> 00:27:58,800 Speaker 2: was just so crazy because you sit down in your 541 00:27:58,800 --> 00:28:01,800 Speaker 2: first child here thing, and then when it comes to 542 00:28:01,880 --> 00:28:05,159 Speaker 2: the second child, the whole testimony just changed and flips. 543 00:28:05,440 --> 00:28:07,720 Speaker 1: But there were at least two witnesses in addition to 544 00:28:07,760 --> 00:28:10,639 Speaker 1: Gabby Francis that could have helped the defense. One was 545 00:28:10,680 --> 00:28:13,840 Speaker 1: the girl from the picture, Vanessa Bunten, the second child. 546 00:28:14,560 --> 00:28:17,480 Speaker 2: She said she was coming to testify. She was supposed 547 00:28:17,520 --> 00:28:19,560 Speaker 2: to go to work and sign out and come in court. 548 00:28:19,840 --> 00:28:22,920 Speaker 2: So we was in court waiting for her to come, 549 00:28:23,080 --> 00:28:25,959 Speaker 2: so my lawyer called her. She told my lawyer that 550 00:28:26,880 --> 00:28:30,280 Speaker 2: she's sorry, she cannot come anymore because when she got 551 00:28:30,280 --> 00:28:33,720 Speaker 2: to work, she had a surprise promotional party for her, 552 00:28:34,160 --> 00:28:35,720 Speaker 2: so she never came in testify. 553 00:28:36,359 --> 00:28:39,880 Speaker 1: Another defense witness could have been Felicia Douglas, because not 554 00:28:39,920 --> 00:28:42,080 Speaker 1: only had she admitted to making the statement out of 555 00:28:42,080 --> 00:28:45,120 Speaker 1: anger at O'Neill and feeling pressure from the victim's friends, 556 00:28:45,280 --> 00:28:48,080 Speaker 1: but also she had denied seeing Nicholas at the time 557 00:28:48,080 --> 00:28:50,560 Speaker 1: of the shooting, and she was standing right next to 558 00:28:50,640 --> 00:28:51,720 Speaker 1: Vanessa Edwards. 559 00:28:52,000 --> 00:28:55,960 Speaker 2: She came to the court ready to testify, but only 560 00:28:56,160 --> 00:28:59,400 Speaker 2: lawyer pulled back. He said, listen, we're not going to 561 00:28:59,440 --> 00:29:02,520 Speaker 2: put her on this because with the four statement that 562 00:29:02,600 --> 00:29:06,160 Speaker 2: she made, the district attorney will eat her up. So 563 00:29:06,560 --> 00:29:08,440 Speaker 2: he decided not to put her on the stand. 564 00:29:08,880 --> 00:29:12,680 Speaker 1: And let's face it, separate trials had a singularly focused 565 00:29:12,680 --> 00:29:16,440 Speaker 1: strategy probably would have made a difference for Nicholas, but 566 00:29:16,680 --> 00:29:20,479 Speaker 1: unfortunately he was deprived of that. And then the district 567 00:29:20,560 --> 00:29:22,280 Speaker 1: attorney had one more tactic. 568 00:29:22,880 --> 00:29:23,800 Speaker 3: She put the mom on. 569 00:29:23,840 --> 00:29:27,200 Speaker 2: The stand, and the mom testified above for half an hour, 570 00:29:27,240 --> 00:29:29,560 Speaker 2: and she cried the whole alf an hour. You know 571 00:29:29,560 --> 00:29:32,880 Speaker 2: what I mean, I cried, I'm sitting over there, she cried, 572 00:29:33,200 --> 00:29:34,160 Speaker 2: I can't remember that. 573 00:29:36,080 --> 00:29:38,280 Speaker 3: This deliberation, this. 574 00:29:38,160 --> 00:29:41,479 Speaker 2: One took three days, not like the first one that 575 00:29:41,560 --> 00:29:45,120 Speaker 2: took almost two weeks. This one took three days. 576 00:29:45,440 --> 00:29:48,040 Speaker 3: And the verdict came in. They started O'Neill. 577 00:29:48,120 --> 00:29:52,880 Speaker 2: First, murder her in the second degree not guilty, so I. 578 00:29:52,840 --> 00:29:53,880 Speaker 3: Was like, oh whooa. 579 00:29:54,400 --> 00:29:59,160 Speaker 2: But then manslaughter guilty, criminal position of a weapon guilty, 580 00:29:59,280 --> 00:30:01,480 Speaker 2: recklessly guilty, so now. 581 00:30:01,360 --> 00:30:04,600 Speaker 3: It was my term. They read a murder not guilty, 582 00:30:05,720 --> 00:30:08,800 Speaker 3: so no o, so they read out manslaughter. 583 00:30:09,960 --> 00:30:14,200 Speaker 2: I was guilty, criminal position guilty, reckless endigierment guilty. 584 00:30:14,240 --> 00:30:17,840 Speaker 3: So we got the same charges. We had to go 585 00:30:17,960 --> 00:30:18,480 Speaker 3: back like. 586 00:30:18,760 --> 00:30:22,239 Speaker 2: Three months for sentence, and I gave my condolences to 587 00:30:22,280 --> 00:30:26,040 Speaker 2: the family. I told the mom, listen, your daughter blood 588 00:30:26,120 --> 00:30:28,360 Speaker 2: is not on my hand. I don't know what happened, 589 00:30:28,400 --> 00:30:34,320 Speaker 2: but I give you my deepest condolence. O'Neill did the 590 00:30:34,360 --> 00:30:39,960 Speaker 2: same thing. I asked the judge for sympathy, but it 591 00:30:40,120 --> 00:30:43,040 Speaker 2: was gotten. The mac sentence and all charges five to 592 00:30:43,160 --> 00:30:48,280 Speaker 2: fifteen on the Manto fifteen flat for the criminal position 593 00:30:48,400 --> 00:30:52,320 Speaker 2: of a weapon and three to seven on the reckless engagement. 594 00:30:52,840 --> 00:30:56,320 Speaker 2: The fifteen flat overrides the five to fifteen. If it 595 00:30:56,360 --> 00:30:58,480 Speaker 2: wasn't the fifteen flat, I think would have been home 596 00:30:58,600 --> 00:31:01,400 Speaker 2: long time ago. But because fifteen flat, we had to 597 00:31:01,480 --> 00:31:22,280 Speaker 2: do the whole fifteen years. When I got to five points, 598 00:31:23,840 --> 00:31:27,400 Speaker 2: he was a double bunk jail, so I was like, 599 00:31:27,480 --> 00:31:31,120 Speaker 2: oh my gosh, I gotta share this small space with someone. 600 00:31:31,400 --> 00:31:36,160 Speaker 2: But the guy that I was bunk with, he was 601 00:31:36,200 --> 00:31:37,160 Speaker 2: pretty cool. 602 00:31:37,280 --> 00:31:41,280 Speaker 3: You know, so we become close. Then he left. 603 00:31:41,440 --> 00:31:43,480 Speaker 2: Then no, I was worrying again and be like, oh 604 00:31:43,480 --> 00:31:45,600 Speaker 2: my god, I hope I don't get a nasty bunky, 605 00:31:45,840 --> 00:31:49,040 Speaker 2: you know, But I got somebody pretty decent. He was 606 00:31:49,080 --> 00:31:51,760 Speaker 2: like older. He's also good in the law. His name 607 00:31:51,840 --> 00:31:57,440 Speaker 2: is Paul Thompson. Actually he's also innocent in his case. 608 00:31:57,920 --> 00:32:01,680 Speaker 2: Somebody had shot him and the person that shot him 609 00:32:02,480 --> 00:32:05,880 Speaker 2: died later, so they're trying to say he was the 610 00:32:05,880 --> 00:32:08,360 Speaker 2: one that did it. So they paid a crackhead, put 611 00:32:08,440 --> 00:32:11,040 Speaker 2: him up in the hotel, make him live in luxury 612 00:32:11,160 --> 00:32:13,560 Speaker 2: to testify against him that he saw him that day 613 00:32:13,600 --> 00:32:15,080 Speaker 2: that shoot the guy that shot him. 614 00:32:15,720 --> 00:32:18,960 Speaker 3: So he's good with the laws. He's still fighting right now. 615 00:32:19,120 --> 00:32:21,720 Speaker 1: Paul Thompson, all right, we'll try to make contact somehow. 616 00:32:22,040 --> 00:32:25,920 Speaker 2: He got twenty five to life and I got fifteen years. 617 00:32:25,920 --> 00:32:28,960 Speaker 2: I saw I could never complain. I'm gonna go back out. 618 00:32:29,040 --> 00:32:29,560 Speaker 3: He might not. 619 00:32:30,160 --> 00:32:33,680 Speaker 1: And what's wild about Nicholas's appeal process was that since 620 00:32:33,800 --> 00:32:36,959 Speaker 1: three years went by pre trial, a lot of the 621 00:32:36,960 --> 00:32:40,960 Speaker 1: information that we talked about today was discovered and used 622 00:32:41,000 --> 00:32:44,760 Speaker 1: by the defense, so new evidence couldn't get him the 623 00:32:44,840 --> 00:32:48,560 Speaker 1: relief that he needed and deserved. At least not yet. Now. 624 00:32:48,960 --> 00:32:51,520 Speaker 1: The issues that were raised on direct appeal and in 625 00:32:51,560 --> 00:32:55,360 Speaker 1: his habeas related to insufficiency of evidence, as well as 626 00:32:55,360 --> 00:33:00,200 Speaker 1: potentially prejudicial comments and conduct by the prosecution. Unfortunately, the 627 00:33:00,240 --> 00:33:03,120 Speaker 1: time that was denied, it was already twenty twenty two, 628 00:33:03,920 --> 00:33:08,520 Speaker 1: eleven long years into a maximum sentence of fifteen years. 629 00:33:08,800 --> 00:33:11,440 Speaker 2: Because you know, when you get fifteen years, you have 630 00:33:11,560 --> 00:33:15,240 Speaker 2: good time, so you don't actually do the whole fifteen years. 631 00:33:15,520 --> 00:33:15,719 Speaker 3: You know. 632 00:33:15,760 --> 00:33:19,200 Speaker 2: I wasn't giving no trouble inside, so I still had 633 00:33:19,200 --> 00:33:22,240 Speaker 2: my good time, you know, So I actually did twelve 634 00:33:22,360 --> 00:33:27,120 Speaker 2: years and ten months. My release date was January seventh, 635 00:33:27,440 --> 00:33:32,640 Speaker 2: twenty twenty four, right before I came home. You know, 636 00:33:32,760 --> 00:33:35,520 Speaker 2: they have a saint say in the streets talk, you know, 637 00:33:35,880 --> 00:33:39,080 Speaker 2: so I waited the years to see if someone my 638 00:33:39,160 --> 00:33:42,200 Speaker 2: anti prayed like, oh, the real person was going to 639 00:33:42,280 --> 00:33:46,120 Speaker 2: come forward one day, and right before I came home, 640 00:33:46,280 --> 00:33:48,680 Speaker 2: I called my cousin one day and she told me 641 00:33:48,760 --> 00:33:52,360 Speaker 2: that she heard who did it. 642 00:33:53,320 --> 00:33:56,400 Speaker 1: He knows the alternative suspect's name, but that would still 643 00:33:56,480 --> 00:33:58,880 Speaker 1: need to be verified. And we're not going to name 644 00:33:58,960 --> 00:34:01,800 Speaker 1: names here if it's not confirmed, but that could be 645 00:34:01,840 --> 00:34:06,360 Speaker 1: a very promising starting point for an interested attorney who 646 00:34:06,400 --> 00:34:09,520 Speaker 1: hopefully is listening right now, who might want to take 647 00:34:09,600 --> 00:34:12,760 Speaker 1: up the cause of clearing Nicholas's name once and for all. 648 00:34:12,920 --> 00:34:16,560 Speaker 1: It also seems that there's an ineffective council claim here 649 00:34:16,800 --> 00:34:19,160 Speaker 1: for not having severed the trials. 650 00:34:19,400 --> 00:34:22,319 Speaker 2: When I did my appeal, that was a big thing. 651 00:34:22,520 --> 00:34:25,480 Speaker 2: My lawyer, Alan Feleck, he was saying, listen, you could 652 00:34:25,520 --> 00:34:29,000 Speaker 2: have easily walk away from this if the child was separated. 653 00:34:29,160 --> 00:34:32,880 Speaker 2: But at the time my lawyer it felt like it 654 00:34:32,960 --> 00:34:34,840 Speaker 2: was best for him to team up, so you have 655 00:34:35,000 --> 00:34:38,640 Speaker 2: two lawyers against one district attorney. But he was wrong 656 00:34:38,719 --> 00:34:42,000 Speaker 2: because every other lawyer looked at my case they said, yeah, 657 00:34:42,040 --> 00:34:43,640 Speaker 2: y'all should have been separated. 658 00:34:43,880 --> 00:34:47,520 Speaker 1: So we'll be linking the contact information for Nicholas Brucky 659 00:34:47,600 --> 00:34:52,520 Speaker 1: Allen in the episode description for any interested attorney or 660 00:34:52,600 --> 00:34:57,560 Speaker 1: anyone who has it pertinent information, including the actual shooter 661 00:34:58,480 --> 00:35:00,880 Speaker 1: or one of the men in the stairwell morning. But 662 00:35:01,239 --> 00:35:05,880 Speaker 1: back to his release. Since his immigration status was impacted 663 00:35:05,880 --> 00:35:10,200 Speaker 1: by this roundful conviction, he was sent to immigration detention. 664 00:35:10,680 --> 00:35:14,640 Speaker 2: So I was in the immigration facility. I was deciding 665 00:35:14,800 --> 00:35:18,520 Speaker 2: to fight the case, you know, But then I'm like, 666 00:35:18,719 --> 00:35:23,480 Speaker 2: why would I stay any longer in prison, when I 667 00:35:23,480 --> 00:35:26,600 Speaker 2: could just be free and just go back to Jamaica. 668 00:35:27,360 --> 00:35:29,239 Speaker 2: I just want to live my life now. Thank God 669 00:35:29,280 --> 00:35:32,319 Speaker 2: for my freedom, and that's it. But always in the 670 00:35:32,320 --> 00:35:34,680 Speaker 2: back of my head saying that one day I want 671 00:35:34,760 --> 00:35:37,200 Speaker 2: to clear my name, you know. And when I got 672 00:35:37,200 --> 00:35:45,120 Speaker 2: to Jamaica walked out, that's when I firstly first experience freedom. 673 00:35:45,520 --> 00:35:49,120 Speaker 2: On the twenty fifth January in twenty twenty four, my 674 00:35:49,239 --> 00:35:52,080 Speaker 2: family here head keep a big party for me, like 675 00:35:52,120 --> 00:35:53,840 Speaker 2: a welcome home party meals. 676 00:35:53,880 --> 00:35:55,879 Speaker 3: When I came home that I was eating, it was 677 00:35:55,920 --> 00:35:58,840 Speaker 3: like just delicious. It was. It was like a breath 678 00:35:58,880 --> 00:35:59,799 Speaker 3: of fresh air. You know. 679 00:36:00,440 --> 00:36:04,920 Speaker 2: It was like the actra real, authentic Jamaican taste. 680 00:36:05,760 --> 00:36:06,000 Speaker 3: You know. 681 00:36:06,560 --> 00:36:08,719 Speaker 1: Since Nicholas Bucky Allen has been home, he's written a 682 00:36:08,719 --> 00:36:11,040 Speaker 1: book called The State of New York Versus Nicholas Allen. 683 00:36:11,239 --> 00:36:13,239 Speaker 1: We're going to link to that as well. I'm going 684 00:36:13,280 --> 00:36:16,320 Speaker 1: to order a copy myself. But Brucky has also connected 685 00:36:16,360 --> 00:36:18,560 Speaker 1: with an old friend who has been visiting him in 686 00:36:18,600 --> 00:36:22,520 Speaker 1: Jamaica and they're expecting a baby really soon. So we 687 00:36:22,640 --> 00:36:26,560 Speaker 1: wish them all the best. And with that, we're going 688 00:36:26,640 --> 00:36:29,520 Speaker 1: to go to closing arguments, where first of all, I 689 00:36:29,640 --> 00:36:34,520 Speaker 1: thank you for sharing this incredible true story. Closing arguments, 690 00:36:34,560 --> 00:36:36,200 Speaker 1: of course, is a part of the show that I 691 00:36:36,320 --> 00:36:38,759 Speaker 1: really look forward to, where I'm going to turn off 692 00:36:38,760 --> 00:36:42,279 Speaker 1: my microphone, leave my headphones on, just close my eyes 693 00:36:42,320 --> 00:36:44,960 Speaker 1: and listen to any other thoughts you want to share. 694 00:36:45,640 --> 00:36:48,520 Speaker 2: When it comes to like the criminals system, you know, 695 00:36:48,600 --> 00:36:55,120 Speaker 2: they always say it's unjust, but as every here goes by, 696 00:36:55,320 --> 00:36:59,280 Speaker 2: people becoming more aware, so a lot of laws change 697 00:36:59,320 --> 00:37:04,440 Speaker 2: in and eventually, hopefully one day there will be no 698 00:37:04,520 --> 00:37:10,399 Speaker 2: more wrongfully convicted person behind bars. You know, I thank 699 00:37:10,480 --> 00:37:15,080 Speaker 2: people like you for just keep bringing awareness, keep doing 700 00:37:15,080 --> 00:37:17,719 Speaker 2: what you're doing. The work that you're doing is not 701 00:37:18,480 --> 00:37:23,200 Speaker 2: going unseen or unheard, because you got to understand a 702 00:37:23,239 --> 00:37:25,640 Speaker 2: lot of the dudes in there, they don't really have 703 00:37:25,719 --> 00:37:28,680 Speaker 2: a voice. So with yeah being the voice for them 704 00:37:28,719 --> 00:37:32,680 Speaker 2: out here, they trust me. They would really appreciate that. 705 00:37:32,719 --> 00:37:35,800 Speaker 2: Because when I used to be in jail, and I 706 00:37:36,280 --> 00:37:39,319 Speaker 2: used to be in prison and I heard oh, this 707 00:37:39,560 --> 00:37:43,080 Speaker 2: law is coming, this law is coming soon, that law 708 00:37:43,160 --> 00:37:46,920 Speaker 2: is coming soon, I'm like, ah, it was because the 709 00:37:46,960 --> 00:37:51,680 Speaker 2: people like you, like protests, people fight, people bring awareness. 710 00:37:52,160 --> 00:37:56,000 Speaker 2: So I just cannot do nothing else but show y'all 711 00:37:56,000 --> 00:37:58,040 Speaker 2: my gratitude like I thank y'all so much. 712 00:37:58,120 --> 00:38:11,280 Speaker 1: Man, all of y'all, thank you for listening to Wrongful Conviction. 713 00:38:11,560 --> 00:38:13,520 Speaker 1: You can listen to this and all the Lava for 714 00:38:13,560 --> 00:38:16,960 Speaker 1: Good podcasts one week early and ad free by subscribing 715 00:38:17,000 --> 00:38:20,040 Speaker 1: to Lava for Good Plus on Apple Podcasts. I want 716 00:38:20,040 --> 00:38:23,040 Speaker 1: to thank our production team, Connor Hall and Kathleen Fink, 717 00:38:23,200 --> 00:38:26,560 Speaker 1: as well as my fellow executive producers Jeff Kempler, Kevin Wartis, 718 00:38:26,680 --> 00:38:29,080 Speaker 1: and Jeff Kleiber. The music in this production was supplied 719 00:38:29,080 --> 00:38:32,239 Speaker 1: by three time OSCAR nominated composer Jay Ralph. Be sure 720 00:38:32,239 --> 00:38:35,040 Speaker 1: to follow us across all social media platforms at Lava 721 00:38:35,080 --> 00:38:38,040 Speaker 1: for Good and at Wrongful Conviction. You can also follow 722 00:38:38,080 --> 00:38:41,239 Speaker 1: me on Instagram at It's Jason Flamm. Wrongful Conviction is 723 00:38:41,239 --> 00:38:44,239 Speaker 1: a production of Lava for Good Podcasts and association with 724 00:38:44,280 --> 00:38:47,000 Speaker 1: Signal Company Number One. We've worked hard to ensure that 725 00:38:47,040 --> 00:38:49,320 Speaker 1: all facts reported in this show are accurate. 726 00:38:49,480 --> 00:38:52,160 Speaker 2: The views and opinions expressed by the individuals featured in 727 00:38:52,200 --> 00:38:54,920 Speaker 2: this show are their own and do not necessarily reflect 728 00:38:54,960 --> 00:38:57,920 Speaker 2: those of Lava for Good.