1 00:00:02,440 --> 00:00:05,119 Speaker 1: On April tenth, two thousand and two, on Lynden Boulevard 2 00:00:05,120 --> 00:00:07,560 Speaker 1: in the Flatbush section of Brooklyn, a man named Victor 3 00:00:07,640 --> 00:00:10,440 Speaker 1: Vulcan was shot and killed in broad daylight just after 4 00:00:10,480 --> 00:00:14,040 Speaker 1: school had let out. Fortunately, no one else was heard 5 00:00:14,040 --> 00:00:16,880 Speaker 1: as people ran to their buildings for cover, including a 6 00:00:16,920 --> 00:00:19,960 Speaker 1: young father named Gary Benloss who had had prior run 7 00:00:20,000 --> 00:00:23,680 Speaker 1: ins with the police. Nine one one callers and eyewitnesses 8 00:00:23,720 --> 00:00:26,400 Speaker 1: described the shooter with short hair, dark skin, and a 9 00:00:26,480 --> 00:00:28,560 Speaker 1: similar build to the victim, who was five ten and 10 00:00:28,640 --> 00:00:32,519 Speaker 1: one hundred and sixty eight pounds. However, one alleged witness, 11 00:00:32,520 --> 00:00:34,960 Speaker 1: Anthony Holder, who did not give a description of the shooter, 12 00:00:35,080 --> 00:00:38,760 Speaker 1: set among other falsehoods, that the assailant's nickname was Chuckie. 13 00:00:39,840 --> 00:00:42,000 Speaker 1: Gary ben Loss was known as Chucky, but he was 14 00:00:42,040 --> 00:00:44,440 Speaker 1: over six three and two hundred and fifty pounds with 15 00:00:44,560 --> 00:00:48,200 Speaker 1: a seven inch high afro. A photo of a much 16 00:00:48,280 --> 00:00:51,040 Speaker 1: younger and slimmer Gary with short hair was put into 17 00:00:51,040 --> 00:00:54,600 Speaker 1: a photo array, eliciting an identification from Anthony Holder and 18 00:00:54,640 --> 00:00:58,480 Speaker 1: one other witness. However, once that other witness saw Gary 19 00:00:58,520 --> 00:01:01,480 Speaker 1: a trial, she too joined and all the other witnesses 20 00:01:01,520 --> 00:01:05,480 Speaker 1: in denying Gary's involvement. Holders. Pending charges for which it 21 00:01:05,520 --> 00:01:08,440 Speaker 1: is believed that he received leniency in exchange for cooperation, 22 00:01:08,720 --> 00:01:12,600 Speaker 1: were hidden by the state, and somehow the jury believed 23 00:01:12,600 --> 00:01:16,120 Speaker 1: his bizarre testimony that included a non existent second victim, 24 00:01:16,160 --> 00:01:20,800 Speaker 1: sending Gary away for twenty five to life. This is 25 00:01:20,880 --> 00:01:38,600 Speaker 1: wrongful conviction. Welcome back to wrawful conviction. Today we have 26 00:01:38,680 --> 00:01:41,200 Speaker 1: a Brooklyn case dating back to two thousand and two 27 00:01:41,800 --> 00:01:45,200 Speaker 1: in which several witnesses described a gunman that looked wildly 28 00:01:45,280 --> 00:01:48,840 Speaker 1: different from our guest today, Gary Benlass, a guy that 29 00:01:49,000 --> 00:01:51,920 Speaker 1: I came to know through my friendship with a previous 30 00:01:51,920 --> 00:01:55,800 Speaker 1: guest on our show, John Adrian Velasquez. Now Gary is 31 00:01:55,840 --> 00:01:58,200 Speaker 1: joining us from Sing Sing and I'm glad you're here 32 00:01:58,200 --> 00:02:00,400 Speaker 1: with us, even though I hate the reason and why 33 00:02:00,400 --> 00:02:04,600 Speaker 1: you're here. But Gary, welcome to the show. Thank you, 34 00:02:04,600 --> 00:02:06,320 Speaker 1: You're very welcome. And with him as a man whose 35 00:02:06,400 --> 00:02:08,799 Speaker 1: voice you'll probably recognize for other appearances here with us 36 00:02:08,800 --> 00:02:12,639 Speaker 1: where he's been advocating for Nelson Cruz, Marcus Wiggins, Vincent Simmons, 37 00:02:12,639 --> 00:02:15,760 Speaker 1: and so many more. Justin bonus, welcome back. 38 00:02:15,960 --> 00:02:18,280 Speaker 2: It's great to be back on the show. Appreciate it all. 39 00:02:18,320 --> 00:02:20,679 Speaker 1: Right, So Gary, before we get into the reason why 40 00:02:20,680 --> 00:02:23,200 Speaker 1: we're here today. Can you tell us a little bit 41 00:02:23,200 --> 00:02:24,320 Speaker 1: about your life growing up. 42 00:02:24,880 --> 00:02:28,040 Speaker 3: I was born July twenty sixth, nineteen eighty to a 43 00:02:28,080 --> 00:02:32,400 Speaker 3: proud single mother who migrated from the rural country area 44 00:02:32,720 --> 00:02:38,040 Speaker 3: of Jamaica, West Indies, moved to America where she resided 45 00:02:38,440 --> 00:02:39,760 Speaker 3: in Flatbush, Brooklyn. 46 00:02:39,960 --> 00:02:42,880 Speaker 1: And your nickname was Chucky, right, how I mean, where 47 00:02:42,880 --> 00:02:43,680 Speaker 1: does that come from? 48 00:02:44,080 --> 00:02:48,840 Speaker 3: At the age of nine, I received the nickname Chuckles. 49 00:02:48,880 --> 00:02:53,680 Speaker 3: Being poor no farther around at school, kids could be 50 00:02:53,800 --> 00:02:58,359 Speaker 3: very cruel, so as a defense mechanism, I was one 51 00:02:58,400 --> 00:03:01,320 Speaker 3: of those kids who used to old, like to joke 52 00:03:01,480 --> 00:03:05,280 Speaker 3: and laugh. That's how I got the moniker Chuckles. Always 53 00:03:05,320 --> 00:03:07,639 Speaker 3: had people laughing, always. 54 00:03:07,320 --> 00:03:10,640 Speaker 1: Joking, and that nickname ended up playing a part in 55 00:03:10,680 --> 00:03:13,880 Speaker 1: your wrong for conviction. But before all of that, in 56 00:03:13,919 --> 00:03:15,880 Speaker 1: the summer of nineteen ninety six, you had your first 57 00:03:15,960 --> 00:03:19,160 Speaker 1: encounter with one of the detectives on this case, Robert Reedy. 58 00:03:19,560 --> 00:03:23,800 Speaker 3: He knows me because on my fifteenth birthday I was 59 00:03:23,880 --> 00:03:28,680 Speaker 3: jump assaulted and hospitalized. He was actually the detective on 60 00:03:28,720 --> 00:03:32,880 Speaker 3: the case, and he wanted not just for me, you know, 61 00:03:33,040 --> 00:03:36,640 Speaker 3: to snitch on the guys that hospitalized me, but he 62 00:03:36,720 --> 00:03:40,760 Speaker 3: wanted me to become a neighborhood that snitched, so the 63 00:03:40,880 --> 00:03:45,080 Speaker 3: case against those who assaulted me never went to court, 64 00:03:45,240 --> 00:03:48,640 Speaker 3: and I never became the snitch. For a detective reading, 65 00:03:49,800 --> 00:03:51,560 Speaker 3: I said, it's not happening. 66 00:03:51,600 --> 00:03:54,480 Speaker 1: Right, So you refused to help ready, and then the 67 00:03:54,560 --> 00:03:57,560 Speaker 1: following spring you ran into some more trouble, but this 68 00:03:57,680 --> 00:03:58,960 Speaker 1: time you were the assailant. 69 00:03:59,200 --> 00:04:01,640 Speaker 3: At the age of it's to months of manche in 70 00:04:01,720 --> 00:04:05,520 Speaker 3: ninety seven, I made a very foolish mistake, but I'm 71 00:04:05,560 --> 00:04:09,240 Speaker 3: not proud. It was a lesson that I needed to learn. So, 72 00:04:09,720 --> 00:04:13,920 Speaker 3: because of growing up being poor, I followed a friend 73 00:04:14,000 --> 00:04:18,720 Speaker 3: of mine into a pizzeria to rob the pizzeria. I 74 00:04:18,760 --> 00:04:23,599 Speaker 3: took full responsibility and I copped out to one to 75 00:04:23,680 --> 00:04:30,480 Speaker 3: three years, right. And I've been haunted by the NYPD 76 00:04:30,680 --> 00:04:31,320 Speaker 3: ever since. 77 00:04:31,960 --> 00:04:34,000 Speaker 1: And I'd like the audience to take note here when 78 00:04:34,000 --> 00:04:38,200 Speaker 1: guilty people usually take plea deals it makes sense. I mean, hell, 79 00:04:38,560 --> 00:04:41,520 Speaker 1: even innocent people take plea deals if it makes more sense, 80 00:04:41,560 --> 00:04:43,560 Speaker 1: which it often does than fighting the charges, like our 81 00:04:43,600 --> 00:04:47,159 Speaker 1: friend Dieter te Hada. So you did a few years 82 00:04:47,160 --> 00:04:50,000 Speaker 1: as a juvenile in a men's present, paid your debt 83 00:04:50,040 --> 00:04:52,840 Speaker 1: to society, and after your release, you moved back in 84 00:04:53,000 --> 00:04:55,640 Speaker 1: with your mother at two eighteen Linden Boulevard and Flat Push, 85 00:04:55,920 --> 00:04:59,520 Speaker 1: where you remained on the NYPD's radar leading up to 86 00:04:59,560 --> 00:05:02,080 Speaker 1: this crime in two thousand and two. But before we 87 00:05:02,160 --> 00:05:05,839 Speaker 1: get into all those details, justin we've seen this kind 88 00:05:05,839 --> 00:05:09,320 Speaker 1: of thing before more than once, where the cops just 89 00:05:09,400 --> 00:05:11,160 Speaker 1: grab a guy with a record, whether they did the 90 00:05:11,200 --> 00:05:16,080 Speaker 1: climb or not. And as our listeners will surely recognize, Brooklyn, 91 00:05:16,360 --> 00:05:18,640 Speaker 1: especially in the eighties, nineties and into the two thousands, 92 00:05:18,720 --> 00:05:22,080 Speaker 1: was fraught with wrongful conviction cases and issues like I 93 00:05:22,120 --> 00:05:27,640 Speaker 1: wouldn't smits. Identification coerced and incentifies witnesses who made misidentifications, 94 00:05:27,640 --> 00:05:31,560 Speaker 1: sometimes knowingly by the way, and of course crazily corrupted 95 00:05:31,600 --> 00:05:37,320 Speaker 1: identification procedures. And in this case we have all of 96 00:05:37,360 --> 00:05:40,800 Speaker 1: those factors. And at the helm of the investigation we 97 00:05:40,880 --> 00:05:44,200 Speaker 1: had detectives Robert Reedy and John mcgurrit, as well as 98 00:05:44,320 --> 00:05:47,960 Speaker 1: King's County assistant DA Kyle Reeves. And I feel like 99 00:05:47,960 --> 00:05:50,320 Speaker 1: I've heard his name before Kyle Reeves, right. 100 00:05:50,480 --> 00:05:55,159 Speaker 2: Yes, absolutely, Jabbar Washington. I believe Jabbar was exonerated in 101 00:05:55,200 --> 00:05:59,040 Speaker 2: twenty eighteen. Kyle Reeves in that case had withheld Brady 102 00:05:59,080 --> 00:06:03,360 Speaker 2: evidence witness is on the stand that testified falsely, then 103 00:06:03,640 --> 00:06:08,560 Speaker 2: Reeves push forward with prosecuting someone for murder. I believe 104 00:06:08,560 --> 00:06:10,880 Speaker 2: it was a fight of some sort, and it turned 105 00:06:10,920 --> 00:06:14,360 Speaker 2: out that the mother of the victim actually sued the 106 00:06:14,400 --> 00:06:18,760 Speaker 2: hospital for medical malpractice, wrongful death, that the hospital caused 107 00:06:18,800 --> 00:06:21,839 Speaker 2: the death. I know that he had some issues. He 108 00:06:21,960 --> 00:06:25,080 Speaker 2: left the DA's office in Brooklyn and he went to 109 00:06:25,120 --> 00:06:27,279 Speaker 2: Staten Island, and I know he had some issues in 110 00:06:27,320 --> 00:06:30,880 Speaker 2: Staten Island with witnesses and then left. And now he's 111 00:06:30,920 --> 00:06:34,680 Speaker 2: in private practice. So he has a history of prosecuting 112 00:06:34,760 --> 00:06:39,080 Speaker 2: cases that he shouldn't and two not turning over exculpatory material. 113 00:06:39,480 --> 00:06:42,440 Speaker 1: I mean, I'd like to point out prior misconduct just 114 00:06:42,440 --> 00:06:43,920 Speaker 1: to give the audience an idea of who we were 115 00:06:43,960 --> 00:06:47,000 Speaker 1: dealing with. But to be fair, Reeves doesn't really sound 116 00:06:47,040 --> 00:06:51,640 Speaker 1: like an outlier. Knowingly prosecuting innocent people and heidek exculpatory 117 00:06:51,680 --> 00:06:54,560 Speaker 1: evidence to make it stick sounds like the usual playbook 118 00:06:54,640 --> 00:06:55,159 Speaker 1: in New York. 119 00:06:55,200 --> 00:06:57,159 Speaker 2: It's a little different because it's a lot harder to 120 00:06:57,200 --> 00:07:01,600 Speaker 2: catch them, and he's been caught. New York is different 121 00:07:01,640 --> 00:07:06,280 Speaker 2: in that there's usually no forensic investigation, no paper, right, 122 00:07:06,360 --> 00:07:08,640 Speaker 2: no paper trail, whereas a lot of other places, there's 123 00:07:08,680 --> 00:07:13,280 Speaker 2: a lot of paper here. These are very short, choppy statements. 124 00:07:13,320 --> 00:07:16,760 Speaker 2: The police don't write as much down. And then prosecutors, 125 00:07:16,880 --> 00:07:20,120 Speaker 2: even when the case falls apart, they are able to 126 00:07:20,160 --> 00:07:23,280 Speaker 2: hang their hat on somebody like Anthony Holder, who's the 127 00:07:23,360 --> 00:07:26,600 Speaker 2: only witness that testified at trial A Garribin Lost committed 128 00:07:26,640 --> 00:07:27,200 Speaker 2: this murder. 129 00:07:27,720 --> 00:07:29,880 Speaker 1: And we're going to talk a lot more about this 130 00:07:30,040 --> 00:07:34,160 Speaker 1: alleged eyewitness, Anthony Holder. And I say alleged because his 131 00:07:34,320 --> 00:07:38,480 Speaker 1: description of the crime conflicted with both reality and with 132 00:07:39,080 --> 00:07:42,880 Speaker 1: every other eyewitness, all of whom corroborated each other, and 133 00:07:43,000 --> 00:07:47,680 Speaker 1: none of whom described or ultimately identified Gary in person. Now, 134 00:07:47,800 --> 00:07:51,240 Speaker 1: Anthony Holder was a building super right who were intended 135 00:07:51,280 --> 00:07:53,960 Speaker 1: on Gary's block, And he's the guy who's credited with 136 00:07:54,040 --> 00:07:57,560 Speaker 1: throwing Gary's nickname Chucky to the cops right into the 137 00:07:57,600 --> 00:08:00,760 Speaker 1: mix after the crime. Gary, did you know this guy Holder? 138 00:08:01,320 --> 00:08:06,560 Speaker 3: So Anthony Holder is the super of I believe two 139 00:08:06,600 --> 00:08:09,800 Speaker 3: of the buildings on Linden Boulevard across the street from 140 00:08:09,800 --> 00:08:13,280 Speaker 3: my So I didn't live there, but my friends did, 141 00:08:13,480 --> 00:08:17,400 Speaker 3: so I'm visiting them. Anthony Holder never used to like 142 00:08:17,440 --> 00:08:20,360 Speaker 3: when my friends and I will hang out on the stool. 143 00:08:20,560 --> 00:08:24,400 Speaker 3: So in the courtyards of the building, it wasn't like 144 00:08:24,520 --> 00:08:28,040 Speaker 3: we was causing any disruption being disrespectful. 145 00:08:28,560 --> 00:08:31,480 Speaker 1: Okay, so he didn't like you, but he didn't have 146 00:08:31,520 --> 00:08:34,360 Speaker 1: a real beef with you, but maybe he didn't care 147 00:08:34,760 --> 00:08:37,360 Speaker 1: if he used you to stay at of prison. That's 148 00:08:37,360 --> 00:08:39,440 Speaker 1: what it seems like to me. As it becomes clear 149 00:08:39,520 --> 00:08:42,599 Speaker 1: much later, Holder had some pending charges for which he 150 00:08:42,720 --> 00:08:46,720 Speaker 1: likedly received leniency for his testimony in this case, but 151 00:08:47,000 --> 00:08:49,720 Speaker 1: a trial, that deal was when you've heard this before, 152 00:08:49,840 --> 00:08:52,719 Speaker 1: that deal was hidden by assistant DA Kyle Reeves. And 153 00:08:52,800 --> 00:08:55,720 Speaker 1: now here we are, so let's get to the climate itself. 154 00:08:55,960 --> 00:08:58,360 Speaker 1: This was April tenth, two thousand and two, a sunny 155 00:08:58,840 --> 00:09:02,959 Speaker 1: spring day, on Linden Boulevard in Flatbush, Brooklyn. Now this 156 00:09:03,040 --> 00:09:06,240 Speaker 1: is a broad street with an east and westbound side, 157 00:09:06,280 --> 00:09:09,000 Speaker 1: a turning lane down the middle street, parking on either side, 158 00:09:09,160 --> 00:09:12,280 Speaker 1: so about five lanes of cars, wife, you can picture that, 159 00:09:12,640 --> 00:09:15,560 Speaker 1: and there are apartment buildings on either side, so tons 160 00:09:15,600 --> 00:09:18,520 Speaker 1: of people in the area. It's a bustling street scene. 161 00:09:19,000 --> 00:09:20,960 Speaker 1: And the shooting happened in front of two h one 162 00:09:21,040 --> 00:09:24,720 Speaker 1: Linden Boulevard where you lived, across the street and down 163 00:09:24,720 --> 00:09:26,120 Speaker 1: the block at number two eighteen. 164 00:09:26,559 --> 00:09:31,040 Speaker 3: So it's about three and a afternoon. The weather extremely nice, 165 00:09:31,400 --> 00:09:35,440 Speaker 3: the blocks are extremely extremely busy. People are out enjoying 166 00:09:35,440 --> 00:09:39,440 Speaker 3: the weather. School is letting out. As I am approaching 167 00:09:39,760 --> 00:09:43,600 Speaker 3: my building, the first blunch shot right now, and that's 168 00:09:43,600 --> 00:09:47,280 Speaker 3: when I started seeing everybody starting to run, and I 169 00:09:47,400 --> 00:09:49,120 Speaker 3: ran right into my building. 170 00:09:49,480 --> 00:09:53,320 Speaker 1: And according to corroborating eyewitness accounts, two men, the victim 171 00:09:53,360 --> 00:09:55,480 Speaker 1: in this case, Victor Vulcan, and the shooter got into 172 00:09:55,520 --> 00:09:58,120 Speaker 1: an argument welcome was shot four or five times, and 173 00:09:58,120 --> 00:09:59,880 Speaker 1: then a mail carrier, a woman named let them in. 174 00:10:00,040 --> 00:10:03,520 Speaker 1: Voten gave police a description, as did another woman named 175 00:10:03,520 --> 00:10:06,200 Speaker 1: Paula Edgehill, who called nine one one and spoke to 176 00:10:06,200 --> 00:10:06,840 Speaker 1: a dispatcher. 177 00:10:07,280 --> 00:10:11,200 Speaker 2: So you had let him and Boltsen, who's the mail carrier, 178 00:10:11,559 --> 00:10:14,400 Speaker 2: and the nine one one callers, who described the shooter 179 00:10:14,480 --> 00:10:18,160 Speaker 2: as a dark skin five foot eight short hair let 180 00:10:18,200 --> 00:10:21,880 Speaker 2: him and Boden actually, in a statement to police, described 181 00:10:21,880 --> 00:10:25,679 Speaker 2: the shooter as similarly built to the victim in the case. 182 00:10:26,400 --> 00:10:30,520 Speaker 1: Now, the victim, Victor Vulcan, was one hundred and sixty 183 00:10:30,520 --> 00:10:33,000 Speaker 1: eight pounds, so the nine one one call, and Boten's 184 00:10:33,000 --> 00:10:37,160 Speaker 1: accounts corroborated each other. Now, Gary, what did you look 185 00:10:37,240 --> 00:10:38,000 Speaker 1: like at this time? 186 00:10:38,480 --> 00:10:42,600 Speaker 3: I was about six three two fortys and I had 187 00:10:42,640 --> 00:10:46,080 Speaker 3: a very large afro and I'm light skinned. 188 00:10:46,400 --> 00:10:50,520 Speaker 2: No one describes the afro. That's the other major major issue. 189 00:10:50,840 --> 00:10:54,240 Speaker 1: I mean, was this like a close cropped afro? How 190 00:10:54,320 --> 00:10:56,040 Speaker 1: much volume are we talking about here? 191 00:10:56,280 --> 00:10:59,040 Speaker 3: It would have to be roughly. 192 00:11:01,240 --> 00:11:04,160 Speaker 1: Okay, So that's a remarkable haird like. I mean, people 193 00:11:04,280 --> 00:11:08,440 Speaker 1: aren't gonna miss a seven inch i afro. But unfortunately, 194 00:11:08,520 --> 00:11:12,440 Speaker 1: this giant discrepancy didn't seem to matter to Anthony Holder 195 00:11:13,320 --> 00:11:16,319 Speaker 1: or the detectives, and later didn't matter either to the 196 00:11:16,360 --> 00:11:19,960 Speaker 1: prosecutor in the case. So what did Anthony Holder's statement 197 00:11:20,000 --> 00:11:23,640 Speaker 1: to police say? This alternate version of events. 198 00:11:23,480 --> 00:11:28,800 Speaker 2: And Anthony Holder says that Chucky is talking to some girls. 199 00:11:29,800 --> 00:11:33,800 Speaker 2: They say, get at him, Chucky. Nobody else describes this, 200 00:11:33,880 --> 00:11:37,560 Speaker 2: by the way. Then he says that Chucky begins to 201 00:11:37,679 --> 00:11:39,840 Speaker 2: argue with this guy and pulls a gun out of 202 00:11:39,840 --> 00:11:43,800 Speaker 2: a bag and then shoots the guy and Anthony Holder 203 00:11:44,040 --> 00:11:46,720 Speaker 2: he doesn't describe Gary at all, and he never gives 204 00:11:46,720 --> 00:11:49,480 Speaker 2: a description. See all he does, Anthony Holder is drop 205 00:11:49,520 --> 00:11:53,120 Speaker 2: a nickname, and the police know the nickname because they're 206 00:11:53,120 --> 00:11:54,640 Speaker 2: familiar with Gary. 207 00:11:54,880 --> 00:11:57,600 Speaker 1: And we're not even sure who brought up the nickname first. 208 00:11:57,760 --> 00:12:02,080 Speaker 1: Perhaps Anthony Holder decided to trace information false information, let's 209 00:12:02,080 --> 00:12:04,280 Speaker 1: call it what it is, about a neighborhood guy who 210 00:12:04,280 --> 00:12:07,560 Speaker 1: he didn't really like in exchange for leniency and his 211 00:12:07,600 --> 00:12:11,600 Speaker 1: pending charges, or the lead detectives who knew Gary from 212 00:12:11,640 --> 00:12:14,160 Speaker 1: both previous incidents when he was an assault victim who 213 00:12:14,200 --> 00:12:17,920 Speaker 1: refused to snitch and then the robbery. Now, of course 214 00:12:17,960 --> 00:12:20,920 Speaker 1: I'm referring to detectives Robert Reedy and John mcgerrin. 215 00:12:21,280 --> 00:12:25,000 Speaker 3: It was recently going over the DD fives I've come 216 00:12:25,040 --> 00:12:29,480 Speaker 3: across John mcgurn's DD five. He says that he was 217 00:12:29,800 --> 00:12:35,440 Speaker 3: at two eighteen Lyndon Boulevard when he received information that 218 00:12:35,600 --> 00:12:40,320 Speaker 3: the shooter is a guy by the name of Chuckles. 219 00:12:41,040 --> 00:12:46,680 Speaker 3: Only people that use the name Chuckles is people that 220 00:12:48,240 --> 00:12:52,839 Speaker 3: went to elementary school with me. Anthony Holden never said Chuckles. 221 00:12:53,360 --> 00:12:59,280 Speaker 3: Anthony Holder says Chucky. So before John mcgarran we see 222 00:12:59,360 --> 00:13:03,440 Speaker 3: any information in regards to the shooter, he was already 223 00:13:03,480 --> 00:13:06,920 Speaker 3: at two eighteen the shooting ALFM at two oh one. 224 00:13:07,080 --> 00:13:10,680 Speaker 3: Lend En Boulevard. We have nine to one one calls 225 00:13:11,240 --> 00:13:15,880 Speaker 3: police reports. It says the shooter ran into one eighty 226 00:13:16,160 --> 00:13:20,920 Speaker 3: Lendon Boulevard. It was never a police call to respond 227 00:13:21,000 --> 00:13:26,320 Speaker 3: to too eighteen. Why are you at two eighteen? Right? 228 00:13:26,360 --> 00:13:29,240 Speaker 1: The nine one one call said one eighty Linden Boulevard. 229 00:13:29,280 --> 00:13:32,040 Speaker 1: But McGurn went straight to your building and claimed to 230 00:13:32,080 --> 00:13:35,840 Speaker 1: hear that the assailant was named Chuckles, your original nickname 231 00:13:35,880 --> 00:13:37,960 Speaker 1: that had evolved into Chucky over time. 232 00:13:38,520 --> 00:13:43,000 Speaker 3: Exactly, McGurn already knew who I was the same way 233 00:13:43,280 --> 00:13:45,640 Speaker 3: detective really already knew who I was. 234 00:13:46,480 --> 00:13:49,280 Speaker 1: So this isn't definitive proof, but it certainly looks like 235 00:13:49,360 --> 00:13:53,800 Speaker 1: they were immediately directing the investigation towards you without cause 236 00:13:54,400 --> 00:13:56,800 Speaker 1: either way. Your nickname was now part of this investigation. 237 00:13:57,360 --> 00:14:00,600 Speaker 2: And then they take this and they and they with it, 238 00:14:01,360 --> 00:14:05,280 Speaker 2: and they put a photo array together very soon after 239 00:14:05,760 --> 00:14:10,480 Speaker 2: the shooting. And why the photo array was really important 240 00:14:10,760 --> 00:14:15,000 Speaker 2: is because the picture of Gary is of when he 241 00:14:15,120 --> 00:14:18,520 Speaker 2: was I believe eighteen years old. By the time he 242 00:14:18,559 --> 00:14:21,720 Speaker 2: was twenty one, he was much heavier than he was 243 00:14:21,760 --> 00:14:24,160 Speaker 2: when he was eighteen. He didn't even look like the 244 00:14:24,200 --> 00:14:27,880 Speaker 2: same person, and he had short hair when he was eighteen. 245 00:14:28,080 --> 00:14:31,240 Speaker 1: Oh, right, So they showed this misleading photo array with 246 00:14:31,280 --> 00:14:35,080 Speaker 1: an eighteen year old slimmer looking Gary importantly with no 247 00:14:35,240 --> 00:14:39,880 Speaker 1: afro but short hair instead. Right, as the witnesses that 248 00:14:39,960 --> 00:14:43,920 Speaker 1: initially described the assailant, I mean, it's it's so dirty, 249 00:14:44,000 --> 00:14:47,640 Speaker 1: it's amazing. And the mail carrier let him in boten 250 00:14:47,880 --> 00:14:53,080 Speaker 1: looking at this old photograph gave a tepid identification, right, 251 00:14:53,160 --> 00:14:57,400 Speaker 1: and the incentivized alleged witness, Anthony Holder, gave an idea 252 00:14:57,440 --> 00:15:02,080 Speaker 1: as well. Now, Anthony Holder also allegedly told him that 253 00:15:02,120 --> 00:15:05,320 Speaker 1: the shooter had a black Duffel back. No other witnesses 254 00:15:05,360 --> 00:15:08,320 Speaker 1: reported seeing this, and in the continued effort to get 255 00:15:08,360 --> 00:15:11,880 Speaker 1: to Gary, investigators put pressure on a guy from your building, 256 00:15:12,360 --> 00:15:14,920 Speaker 1: a guy named Roger Isaac, who at about five eight, 257 00:15:15,480 --> 00:15:19,160 Speaker 1: dark skinned with short hair, better match the description of 258 00:15:19,200 --> 00:15:21,920 Speaker 1: the shooter, and so he was snatched up shortly after 259 00:15:21,920 --> 00:15:22,400 Speaker 1: the shooting. 260 00:15:22,720 --> 00:15:26,120 Speaker 3: Roger Isaac, I feel the phone, I really do. He's 261 00:15:26,160 --> 00:15:29,400 Speaker 3: oblivious to what's going on. They jump out on him 262 00:15:29,560 --> 00:15:33,280 Speaker 3: and say he's being arrested with a murder. They bring 263 00:15:33,360 --> 00:15:37,440 Speaker 3: him down to the station in his DD five. He 264 00:15:37,640 --> 00:15:41,000 Speaker 3: saw me come into the building throw a bag into 265 00:15:41,040 --> 00:15:43,080 Speaker 3: the apartment and come right back out. 266 00:15:43,920 --> 00:15:46,720 Speaker 1: So now they have someone corroborating holder about you and 267 00:15:46,840 --> 00:15:51,200 Speaker 1: the alleged black bag. And then Roger Isaac allegedly described 268 00:15:51,200 --> 00:15:54,280 Speaker 1: you as five foot eight two hundred pounds, but again, 269 00:15:54,680 --> 00:15:58,200 Speaker 1: you're over six foot three and at least two hundred 270 00:15:58,240 --> 00:16:00,320 Speaker 1: and forty at the time, and he said no thing 271 00:16:00,360 --> 00:16:04,200 Speaker 1: about your impressive afro, which is very telling because the 272 00:16:04,240 --> 00:16:07,840 Speaker 1: only picture that detectas McGurrin and Reedy had at that 273 00:16:07,920 --> 00:16:10,800 Speaker 1: time was from when you were eighteen years old. It 274 00:16:10,840 --> 00:16:13,120 Speaker 1: looks like they still thought that you were under two 275 00:16:13,160 --> 00:16:17,120 Speaker 1: hundred pounds was short hair. So they brought Roger Isaac 276 00:16:17,160 --> 00:16:19,440 Speaker 1: down to the precinct where he allegedly made this statement 277 00:16:19,520 --> 00:16:23,920 Speaker 1: implicating you carrying this non existent black tuffel bag. And 278 00:16:24,000 --> 00:16:26,480 Speaker 1: we're getting ahead of ourselves here, but at trial, this 279 00:16:26,600 --> 00:16:31,600 Speaker 1: alleged statement from the DD five unravels for the prosecution exactly. 280 00:16:32,240 --> 00:16:37,160 Speaker 3: At trial, Assistant disc Attorney Kyle Reeves is trying to 281 00:16:37,760 --> 00:16:42,040 Speaker 3: have Roger Isaac testify that he saw me run into 282 00:16:42,320 --> 00:16:45,600 Speaker 3: the building build back into the bomment, so he gives 283 00:16:45,640 --> 00:16:48,200 Speaker 3: them the DD five and that's when the cat is 284 00:16:48,240 --> 00:16:50,760 Speaker 3: that at the bat he did the DD five. He said, 285 00:16:50,760 --> 00:16:53,560 Speaker 3: I don't recall saying none of this. He says that 286 00:16:53,720 --> 00:16:56,520 Speaker 3: he was in a cell and that the police roughed 287 00:16:56,560 --> 00:16:59,240 Speaker 3: them up, assaulted mister Roger Isaenc. 288 00:17:00,000 --> 00:17:02,200 Speaker 1: It sounds like they might have just written that statement 289 00:17:02,280 --> 00:17:03,480 Speaker 1: up just for him to sign. 290 00:17:03,840 --> 00:17:06,760 Speaker 3: There was no citilature. This is typed up, and then 291 00:17:06,800 --> 00:17:10,360 Speaker 3: you have the officer's citizature, So there's no Rajah Isaac 292 00:17:11,000 --> 00:17:14,560 Speaker 3: right in and saying I dually swear of this being authentic. 293 00:17:15,119 --> 00:17:15,720 Speaker 3: There's none of that. 294 00:17:16,280 --> 00:17:18,880 Speaker 1: So this sham statement in Roger Isaac's DD five blew 295 00:17:18,960 --> 00:17:21,720 Speaker 1: up in Kyle Reeves's face at trial. But in the 296 00:17:21,760 --> 00:17:26,040 Speaker 1: immediate aftermath of the crime, this same DD five corroborated 297 00:17:26,080 --> 00:17:28,920 Speaker 1: Anthony Holder. They had already trick led him in voting 298 00:17:28,960 --> 00:17:31,640 Speaker 1: into making the ID with that phony baloney photo array. 299 00:17:31,680 --> 00:17:34,280 Speaker 1: So now they're closing in on you, but you didn't 300 00:17:34,280 --> 00:17:37,800 Speaker 1: even know it. So let's go back to the immediate aftermath. 301 00:17:38,359 --> 00:17:41,600 Speaker 1: Shots rang out, you got to safety, and after things 302 00:17:41,600 --> 00:17:43,560 Speaker 1: calmed down, you went out to handle a few errands 303 00:17:43,560 --> 00:17:45,840 Speaker 1: before your three month old son and his mother arrived 304 00:17:45,880 --> 00:17:49,879 Speaker 1: later on from Queen's. Now, at that time you had 305 00:17:49,920 --> 00:17:52,560 Speaker 1: gone to a friend's in Bushwick, when a neighborhood friend 306 00:17:52,600 --> 00:17:55,120 Speaker 1: paged you to tell you that the police had raided 307 00:17:55,160 --> 00:17:55,720 Speaker 1: your apartment. 308 00:17:55,920 --> 00:17:59,520 Speaker 3: He say, yo, the police just went into the apartment. 309 00:18:00,080 --> 00:18:03,119 Speaker 3: So I called my mother. When she goes home, the 310 00:18:03,160 --> 00:18:06,359 Speaker 3: police are still there. They asked her to sign a 311 00:18:06,520 --> 00:18:10,160 Speaker 3: consent for him to search. They already searched her ready, 312 00:18:10,359 --> 00:18:14,280 Speaker 3: so now they're using her consent to cover their eyes. 313 00:18:14,920 --> 00:18:18,000 Speaker 1: So the police legally searched your apartment looking for this 314 00:18:18,080 --> 00:18:21,960 Speaker 1: alleged black tuppel bag, but they came up empty, and 315 00:18:22,240 --> 00:18:24,560 Speaker 1: they got your mom to give consent to the search 316 00:18:24,920 --> 00:18:26,080 Speaker 1: after the fact. 317 00:18:26,400 --> 00:18:30,360 Speaker 3: So at this time, again, I'm not even aware that 318 00:18:30,440 --> 00:18:34,640 Speaker 3: someone even died. It wasn't until I speak to my mother. 319 00:18:35,440 --> 00:18:39,320 Speaker 3: She said. Detective really gave her his card for me 320 00:18:39,440 --> 00:18:43,280 Speaker 3: to call. He said, a guy was shot and killed 321 00:18:43,680 --> 00:18:46,159 Speaker 3: and they're looking to speak to me about it. I 322 00:18:46,160 --> 00:18:49,200 Speaker 3: have nothing to hide, so I called him. He said, 323 00:18:49,560 --> 00:18:54,440 Speaker 3: people are saying that you killed this guy. I said 324 00:18:54,480 --> 00:18:56,720 Speaker 3: it to him, I don't know what you're talking about. 325 00:18:57,200 --> 00:19:00,320 Speaker 3: I've just had a son. I have no reason to 326 00:19:00,440 --> 00:19:04,480 Speaker 3: be out killing anybody. He said, well, you know, let's 327 00:19:04,520 --> 00:19:07,160 Speaker 3: meet up somewhere. I said, that's not happening. I am 328 00:19:07,200 --> 00:19:11,000 Speaker 3: not comfortable meeting you guys and talk them out. Y'all 329 00:19:11,080 --> 00:19:14,440 Speaker 3: looking for me because somebody got killed. He said, oh, 330 00:19:14,480 --> 00:19:16,280 Speaker 3: you know, just nick holity, change in mind. 331 00:19:16,880 --> 00:19:18,600 Speaker 1: And this is right after nine to eleven. So the 332 00:19:18,640 --> 00:19:23,000 Speaker 1: police had all these sweeping new powers from the Patriot Act, 333 00:19:23,320 --> 00:19:26,520 Speaker 1: and they triangulated your position from the cell signal and 334 00:19:26,720 --> 00:19:30,880 Speaker 1: found you over at your friends in Bushwick. But what's 335 00:19:30,920 --> 00:19:35,400 Speaker 1: weird is that they're looking for the old version of you, right, 336 00:19:35,400 --> 00:19:39,560 Speaker 1: They're looking for the eighteen year old, slimmer, short haired 337 00:19:39,600 --> 00:19:43,520 Speaker 1: Gary from the photo array, not the fully grown out, 338 00:19:43,640 --> 00:19:46,040 Speaker 1: much heavier, twenty one year old Gary with the seven 339 00:19:46,080 --> 00:19:51,080 Speaker 1: inch high afro who looks nothing close to the Eyewinness descriptions. 340 00:19:51,480 --> 00:19:54,280 Speaker 1: So both you and the police are confused. Now, can 341 00:19:54,320 --> 00:19:57,040 Speaker 1: you describe what happened during your arrest. 342 00:19:57,280 --> 00:20:00,320 Speaker 3: It's like one of those scenes, almost like the die 343 00:20:00,359 --> 00:20:04,399 Speaker 3: Hard movie. The whole block is just filled with you know, 344 00:20:04,680 --> 00:20:08,960 Speaker 3: squad cars and police officers and police officers on the 345 00:20:09,040 --> 00:20:13,280 Speaker 3: rules and the helicopters. As they were going in to 346 00:20:13,800 --> 00:20:17,879 Speaker 3: the building, I was coming out right, I'm not knowing 347 00:20:18,359 --> 00:20:22,800 Speaker 3: they're coming for me. All right, I'm going to the store, 348 00:20:23,480 --> 00:20:26,680 Speaker 3: and here go all these police officers I look at them, 349 00:20:26,720 --> 00:20:28,800 Speaker 3: they look at me. I'll go and I walk to 350 00:20:28,840 --> 00:20:33,520 Speaker 3: the store, not running. Walking. As I'm in the store, 351 00:20:33,800 --> 00:20:37,320 Speaker 3: the door opened and then a head pokes in and 352 00:20:37,359 --> 00:20:40,040 Speaker 3: he said, hey, did you just come from and he 353 00:20:40,520 --> 00:20:43,760 Speaker 3: recites the building number and I said yes. He asked 354 00:20:43,800 --> 00:20:46,320 Speaker 3: me what my name is, and I tell them my 355 00:20:46,400 --> 00:20:49,920 Speaker 3: name is Gay Bella. He said, I can please put 356 00:20:49,920 --> 00:20:53,920 Speaker 3: your hands behind your back. So again I ain't said, Oh, 357 00:20:54,000 --> 00:20:58,639 Speaker 3: my name is George Jeffrey Calvin, so I'm not evading 358 00:20:58,920 --> 00:21:02,399 Speaker 3: being identified. Does this sound like the actions of a 359 00:21:02,440 --> 00:21:03,160 Speaker 3: guilty man. 360 00:21:04,040 --> 00:21:06,720 Speaker 1: Of course not. But it's crazy because you didn't think 361 00:21:06,720 --> 00:21:09,880 Speaker 1: they were even there for you, and they thought they 362 00:21:09,920 --> 00:21:13,240 Speaker 1: were looking for a guy who could potentially fit the description. 363 00:21:14,160 --> 00:21:16,720 Speaker 1: But as we see here in your case, the description 364 00:21:16,920 --> 00:21:19,920 Speaker 1: really didn't matter to them. They just move forward anyway. 365 00:21:20,520 --> 00:21:24,240 Speaker 1: So you're arrested. Detective Reedy questioned you. You told him 366 00:21:24,280 --> 00:21:26,240 Speaker 1: what you're telling us here today, that you had absolutely 367 00:21:26,280 --> 00:21:28,560 Speaker 1: nothing to do with it, and then they put you 368 00:21:28,600 --> 00:21:29,240 Speaker 1: in a lineup. 369 00:21:29,520 --> 00:21:33,679 Speaker 2: But that lineup was conducted by Robert Reedy and Robert 370 00:21:33,720 --> 00:21:37,000 Speaker 2: Reedy at least one time a couple of years after 371 00:21:37,560 --> 00:21:42,280 Speaker 2: this case, admitted to essentially taining a lineup in a 372 00:21:42,320 --> 00:21:45,040 Speaker 2: photo ray and a case was thrown out on that basis. 373 00:21:45,240 --> 00:21:49,719 Speaker 2: So Robert Reedy knew who Gary was and he violated 374 00:21:49,800 --> 00:21:52,280 Speaker 2: best practices. He shouldn't have been involved with the lineup 375 00:21:52,280 --> 00:21:53,159 Speaker 2: at all, but he was. 376 00:21:53,480 --> 00:21:56,159 Speaker 3: So they take me out of the cell and now 377 00:21:56,200 --> 00:21:59,560 Speaker 3: I'm going to go for this lineup. They took the 378 00:21:59,680 --> 00:22:03,360 Speaker 3: cold I was wearing, gave me something else to put on, 379 00:22:03,840 --> 00:22:06,840 Speaker 3: and then they told me to put on a shower 380 00:22:06,920 --> 00:22:11,119 Speaker 3: cap to hide my ear. And that's when I started o. 381 00:22:11,280 --> 00:22:13,560 Speaker 3: I said hell no, I say, well, what's I doing? 382 00:22:13,920 --> 00:22:16,639 Speaker 3: And I looked at reading and I said, Ridio, you 383 00:22:16,680 --> 00:22:19,399 Speaker 3: ain't right and he just like held down his head. 384 00:22:20,080 --> 00:22:22,480 Speaker 3: At that time, I already knew what they was doing, 385 00:22:23,720 --> 00:22:26,639 Speaker 3: that they was dressing me up to fit the description 386 00:22:26,960 --> 00:22:30,199 Speaker 3: of this person that they're looking for. They gave me 387 00:22:30,240 --> 00:22:33,920 Speaker 3: a jacket. I'm like, hold on, this is not my clothes. 388 00:22:34,600 --> 00:22:38,040 Speaker 3: Oh you got you gotta put it on, and then 389 00:22:38,119 --> 00:22:43,000 Speaker 3: you're hiding my hair, Like what reason would you have 390 00:22:43,200 --> 00:22:44,040 Speaker 3: to hide my hear? 391 00:22:55,760 --> 00:22:59,960 Speaker 1: This episode is underwritten by AIG, a leading global insurance company. 392 00:23:00,359 --> 00:23:03,800 Speaker 1: AIG is committed to corporate social responsibility and is making 393 00:23:03,840 --> 00:23:06,639 Speaker 1: a positive difference in the lives of its employees and 394 00:23:06,680 --> 00:23:09,359 Speaker 1: in the communities where we work and live. In light 395 00:23:09,440 --> 00:23:12,199 Speaker 1: of the compelling need for pro bono legal assistance, and 396 00:23:12,240 --> 00:23:16,080 Speaker 1: in recognition of AIG's commitment to criminal and social justice reform, 397 00:23:16,480 --> 00:23:20,280 Speaker 1: the AIG pro Bono Program provides free legal services and 398 00:23:20,440 --> 00:23:31,920 Speaker 1: other support to underrepresented communities and individuals. So they corrupted 399 00:23:31,960 --> 00:23:35,679 Speaker 1: that lineup, and ultimately both Anthony Holder big surprise, and 400 00:23:35,720 --> 00:23:38,399 Speaker 1: then the mail carrier let him in vote and identified you. 401 00:23:38,920 --> 00:23:43,080 Speaker 1: So you spent eighteen long months awaiting trial at Rikers, 402 00:23:43,600 --> 00:23:47,119 Speaker 1: away from your family and your baby son. Your lawyer, 403 00:23:47,400 --> 00:23:50,760 Speaker 1: Daniel F. Lynch got discovery, and the machinations of that 404 00:23:50,800 --> 00:23:54,919 Speaker 1: lineup started to become even clearer, confirming what you had feared. 405 00:23:55,320 --> 00:23:59,000 Speaker 3: And I said, I notices why they wanted me to 406 00:23:59,080 --> 00:24:01,800 Speaker 3: change my clothes. They wanted me to hide my head. 407 00:24:02,640 --> 00:24:08,359 Speaker 3: These witnesses are saying X, Y and Z. If this 408 00:24:08,480 --> 00:24:11,520 Speaker 3: witness says short here, they cannot put me in the 409 00:24:11,640 --> 00:24:15,800 Speaker 3: lineup with this large afro, so they have me hide it. 410 00:24:17,280 --> 00:24:21,560 Speaker 3: But now the particular witness let him in. Broughton, I'm 411 00:24:21,560 --> 00:24:25,800 Speaker 3: gonna pick her first at the grand jury. And they 412 00:24:26,000 --> 00:24:28,320 Speaker 3: was questioned and let him in Broughton, she stops for 413 00:24:28,359 --> 00:24:31,840 Speaker 3: a second to say as if she wasn't sure she 414 00:24:32,000 --> 00:24:36,760 Speaker 3: picked out the right guy. So fast forward to two 415 00:24:36,800 --> 00:24:39,840 Speaker 3: thousand and three. While I'm at trial, they asked her, 416 00:24:39,840 --> 00:24:42,440 Speaker 3: did you see the shooter in the courtroom? Let him 417 00:24:42,440 --> 00:24:47,399 Speaker 3: in Broughton Unequipancies says no. So she says no at 418 00:24:47,480 --> 00:24:52,080 Speaker 3: trial and at the grand jury she wasn't sure. But 419 00:24:52,240 --> 00:24:55,320 Speaker 3: then at the time of when she's viewing the lineup, 420 00:24:56,080 --> 00:25:00,480 Speaker 3: I am presented with the shower cap hide in my 421 00:25:00,600 --> 00:25:04,680 Speaker 3: ear and with some clothing that's close enough to what 422 00:25:04,720 --> 00:25:07,879 Speaker 3: the shooter had on the day of the crime. Is 423 00:25:07,920 --> 00:25:10,640 Speaker 3: there any reason why she wouldn't have picked me out? 424 00:25:10,840 --> 00:25:15,040 Speaker 2: Two witnesses identified Gary in a lineup, and of those 425 00:25:15,040 --> 00:25:17,840 Speaker 2: two witnesses, only one of them identify him betrot, which 426 00:25:17,880 --> 00:25:18,720 Speaker 2: is Anthony Holder. 427 00:25:19,119 --> 00:25:21,919 Speaker 1: So let Himan Boten was supposed to be a prosecution 428 00:25:22,040 --> 00:25:25,080 Speaker 1: witness but ended up working in favor of Gary's defense, 429 00:25:25,320 --> 00:25:28,639 Speaker 1: just like Roger Isaac. So at that point, as this 430 00:25:28,840 --> 00:25:31,200 Speaker 1: case was crumbling in front of their eyes, all they 431 00:25:31,200 --> 00:25:35,480 Speaker 1: had left was Anthony Holder, who ended up being totally unreliable. 432 00:25:35,840 --> 00:25:37,760 Speaker 1: And we're going to get to his testimony in a minute, 433 00:25:37,840 --> 00:25:40,800 Speaker 1: but it doesn't seem like your attorney should have had 434 00:25:40,840 --> 00:25:43,320 Speaker 1: to work very hard to discredit Holder with what was 435 00:25:43,359 --> 00:25:44,440 Speaker 1: available to him. 436 00:25:44,880 --> 00:25:49,160 Speaker 3: On assistant this attorney Kyle Reeve's witness list, they had 437 00:25:49,480 --> 00:25:53,159 Speaker 3: Paula Edschel, that was the witness that I wanted my 438 00:25:53,280 --> 00:25:57,960 Speaker 3: attorney to call on my behalf. Her phone call, the 439 00:25:58,040 --> 00:26:01,359 Speaker 3: nine one one call, as well as her DD five 440 00:26:02,040 --> 00:26:05,399 Speaker 3: and her after David at the sixty seventh pist is 441 00:26:05,720 --> 00:26:10,400 Speaker 3: very much as fuld sorry and cruel's third party culpability. 442 00:26:10,760 --> 00:26:16,760 Speaker 3: The description that she gave Paula Edshell states that she 443 00:26:16,960 --> 00:26:20,520 Speaker 3: looked through her window and she saw the shooter and 444 00:26:20,600 --> 00:26:27,280 Speaker 3: the shooter was a medium height, dark skinned male. No affro, 445 00:26:28,240 --> 00:26:31,520 Speaker 3: So that's not me right. 446 00:26:31,359 --> 00:26:34,080 Speaker 1: But neither the prosecution nor your attorney called her as 447 00:26:34,080 --> 00:26:38,040 Speaker 1: a witness. But even without Paula Edgshell, you still had 448 00:26:38,119 --> 00:26:41,199 Speaker 1: Letterman Boten and Roger Isaac blow up their part of 449 00:26:41,240 --> 00:26:45,199 Speaker 1: the state's case. So all this left is Anthony Holder, 450 00:26:45,320 --> 00:26:48,439 Speaker 1: who never actually described the shooter. He just used your 451 00:26:48,520 --> 00:26:51,879 Speaker 1: nickname Chucky, saying that some girls were encouraging you to 452 00:26:52,040 --> 00:26:55,520 Speaker 1: get after him, meaning Victor Vulcan. And none of those 453 00:26:55,520 --> 00:26:58,920 Speaker 1: girls ever surfaced, nor did this alleged black duffle bag. 454 00:26:59,480 --> 00:27:01,560 Speaker 1: What other should your defense have poked? 455 00:27:01,560 --> 00:27:06,719 Speaker 2: In Holder's testimony, the inconsistencies are abound with Anthony Holder. 456 00:27:07,280 --> 00:27:10,159 Speaker 2: He says, the guy shot with the thirty eight, guy's 457 00:27:10,200 --> 00:27:12,680 Speaker 2: not shot with the thirty eight. I believe the slugs 458 00:27:12,680 --> 00:27:16,840 Speaker 2: were consistent with the twenty five. Forensically, the description that 459 00:27:16,920 --> 00:27:19,760 Speaker 2: he gives does not match up to the wounds that 460 00:27:19,840 --> 00:27:21,960 Speaker 2: the man suffers. And to be honest with you, I 461 00:27:22,000 --> 00:27:27,240 Speaker 2: don't really think anybody gives a very consistent description of 462 00:27:27,320 --> 00:27:31,639 Speaker 2: what actually happened because of how fast it happened. We 463 00:27:31,720 --> 00:27:36,400 Speaker 2: don't know if Vulcan was standing upright when the first 464 00:27:36,440 --> 00:27:40,280 Speaker 2: shots ring out right, But what we do know is 465 00:27:40,359 --> 00:27:43,439 Speaker 2: that there was stippling on one of the shots on 466 00:27:43,480 --> 00:27:47,200 Speaker 2: the chest, which would indicate that the shooter was very 467 00:27:47,240 --> 00:27:52,199 Speaker 2: close within twenty four inches. Anthony Holder says that the 468 00:27:52,240 --> 00:27:53,679 Speaker 2: shooter was four feet away. 469 00:27:54,480 --> 00:27:59,120 Speaker 1: So it would have been helpful if these wild inconsistencies 470 00:27:59,119 --> 00:28:02,679 Speaker 1: were pointed out to impeach the one the only state's 471 00:28:02,720 --> 00:28:06,520 Speaker 1: witness here was in fact their only piece of evidence, 472 00:28:07,000 --> 00:28:09,720 Speaker 1: but your attorney was not prepared to do that. However, 473 00:28:10,000 --> 00:28:14,560 Speaker 1: your attorney did present one very powerful witness Augustin Hinkson, 474 00:28:14,600 --> 00:28:17,399 Speaker 1: who had called nine to one one and corroborated let 475 00:28:17,440 --> 00:28:20,800 Speaker 1: him in voting, and Paula Edgehill's descriptions and versions of events. 476 00:28:21,400 --> 00:28:26,399 Speaker 3: Augustin Hinson states that the shooter and the victim is 477 00:28:26,520 --> 00:28:31,840 Speaker 3: the same height. The medical examiner at trials stated that 478 00:28:32,680 --> 00:28:37,040 Speaker 3: Victor Volcane sustained a gunshot wound to his chest and 479 00:28:37,119 --> 00:28:42,000 Speaker 3: there was no vertical for ponderance when asked what can 480 00:28:42,080 --> 00:28:45,560 Speaker 3: cause that? Is that whoever shot him with the same 481 00:28:45,760 --> 00:28:51,200 Speaker 3: height ass him. So Augustin Hinton is right on that. Now, 482 00:28:51,440 --> 00:28:57,360 Speaker 3: another part of his testimony is he states that when 483 00:28:57,360 --> 00:29:00,360 Speaker 3: the shoot in was going on, that he he was 484 00:29:00,480 --> 00:29:06,440 Speaker 3: ushering some young children away from the crime. Now, when 485 00:29:06,440 --> 00:29:11,840 Speaker 3: you get to Anthony Holder, Anthony Holder is a legend 486 00:29:12,480 --> 00:29:15,600 Speaker 3: that he was the one that was ushering a young 487 00:29:15,720 --> 00:29:20,200 Speaker 3: children away from the crime. But he goes on to 488 00:29:20,360 --> 00:29:27,200 Speaker 3: also say that the shooter also is responsible for shooting 489 00:29:27,400 --> 00:29:28,800 Speaker 3: one of those young children. 490 00:29:29,720 --> 00:29:32,800 Speaker 2: What I think is important about Holder is there's nothing 491 00:29:32,840 --> 00:29:36,360 Speaker 2: about his testimony that's true. The fact that he says 492 00:29:36,360 --> 00:29:38,840 Speaker 2: a little girl was shot at the scene, when there's 493 00:29:38,920 --> 00:29:45,160 Speaker 2: absolutely no NYPD record of a small, younger girl being 494 00:29:45,200 --> 00:29:48,440 Speaker 2: shot at the scene, a little girl was not. This 495 00:29:48,600 --> 00:29:52,000 Speaker 2: is like if a child was shot at the scene, 496 00:29:52,200 --> 00:29:54,160 Speaker 2: Gary been lost to be doing a lot more than 497 00:29:54,240 --> 00:29:55,400 Speaker 2: twenty five the life. 498 00:29:55,560 --> 00:30:01,720 Speaker 3: That's testimony had never surfaced at any time prior to trial. 499 00:30:02,560 --> 00:30:09,520 Speaker 3: That false testimony only came about when assisted just the 500 00:30:09,600 --> 00:30:17,400 Speaker 3: attorney Kyle Reeves elicited that false and inflammatory testimony from 501 00:30:17,520 --> 00:30:21,840 Speaker 3: Anthony Holder and then later turned around and vouched for 502 00:30:22,200 --> 00:30:27,880 Speaker 3: the authenticity of that testimony. He also presented Anthony Holder 503 00:30:28,040 --> 00:30:31,040 Speaker 3: as this super righteous citizen of society. 504 00:30:31,320 --> 00:30:34,440 Speaker 1: I mean, not only should his shaky testimony have been 505 00:30:34,480 --> 00:30:38,120 Speaker 1: seen through, but also they were hiding something, which was 506 00:30:38,120 --> 00:30:42,400 Speaker 1: that this guy had a powerful incentive to lie or 507 00:30:42,480 --> 00:30:45,200 Speaker 1: to say what the authorities wanted him to say, which 508 00:30:45,240 --> 00:30:49,080 Speaker 1: is that he was facing pending charges himself. And we 509 00:30:49,120 --> 00:30:51,520 Speaker 1: know that in a lot of these cases where these 510 00:30:51,800 --> 00:30:56,320 Speaker 1: eyewitnesses suddenly are able to make an identification, those charges 511 00:30:56,360 --> 00:30:58,840 Speaker 1: that they're facing magically go away and they're sort of 512 00:30:58,840 --> 00:31:01,120 Speaker 1: making it deal with the devil. Is that what happened here? 513 00:31:01,240 --> 00:31:08,080 Speaker 2: Yes, absolutely absolutely he had pending charges, and from our investigation, 514 00:31:08,320 --> 00:31:11,040 Speaker 2: those charges are sealed, which means at some point they 515 00:31:11,080 --> 00:31:15,120 Speaker 2: were dismissed, but they were pending while he testified, And 516 00:31:16,280 --> 00:31:21,640 Speaker 2: interestingly enough, Kyle Reeves, when asked if the man had 517 00:31:21,680 --> 00:31:24,520 Speaker 2: any pending charges, said that he'd never been arrested before. 518 00:31:25,040 --> 00:31:29,040 Speaker 1: So that sounds carefully worded. And why would any prosecutor 519 00:31:29,080 --> 00:31:31,560 Speaker 1: lie or mislead the jury about a witness's criminal history 520 00:31:31,640 --> 00:31:33,840 Speaker 1: or pending charges if not to hide a potential deal 521 00:31:33,880 --> 00:31:37,800 Speaker 1: for leniency. And when Holder's testimony is the only piece 522 00:31:37,800 --> 00:31:40,479 Speaker 1: of evidence against you, stacked up against all of the 523 00:31:40,520 --> 00:31:43,840 Speaker 1: independent witnesses whose testimony was in favor of Gary's innocence. 524 00:31:44,240 --> 00:31:48,200 Speaker 1: Plus Anthony Holder made an unfounded charge that a little 525 00:31:48,200 --> 00:31:52,680 Speaker 1: girl had been shot as well. If that's true, then 526 00:31:52,760 --> 00:31:55,440 Speaker 1: why wasn't Gary charged with the attempted murder of a child. 527 00:31:56,240 --> 00:31:56,720 Speaker 3: It's just. 528 00:31:58,400 --> 00:32:00,240 Speaker 1: It's just hard to see how the jury could get 529 00:32:00,240 --> 00:32:03,800 Speaker 1: this so wrong. You had Roger Isaac let him in voting, 530 00:32:04,440 --> 00:32:07,960 Speaker 1: and even without Paula Edgehill, you then had Augustin Hinkson. 531 00:32:08,520 --> 00:32:11,600 Speaker 1: I mean, was the prosecution able to say that Hinkson 532 00:32:11,680 --> 00:32:15,160 Speaker 1: was a friend of Gary's or something anything to impeach him. 533 00:32:15,440 --> 00:32:20,240 Speaker 2: I think Augustin Hickson was the most reliable person that testified. 534 00:32:20,320 --> 00:32:23,960 Speaker 2: Augustin Hinkson's relations to Gary's is just an acquaintance. Hainkston 535 00:32:24,000 --> 00:32:26,800 Speaker 2: had no dog in the race. I believe actually Hankson 536 00:32:26,880 --> 00:32:28,640 Speaker 2: is a nine to one one caller. That's how they 537 00:32:28,680 --> 00:32:32,000 Speaker 2: get to Hankson. Hankson is a real world person that's 538 00:32:32,040 --> 00:32:35,440 Speaker 2: there that they know is there from the gate that 539 00:32:35,560 --> 00:32:39,520 Speaker 2: gives a statement to them. Hinkson is adamant that Gary 540 00:32:39,680 --> 00:32:45,760 Speaker 2: was not there. I don't understand how Gary loses other 541 00:32:45,840 --> 00:32:48,520 Speaker 2: than the fact that maybe the jury believed that he 542 00:32:48,600 --> 00:32:50,840 Speaker 2: shot a little girl. I don't know. I mean that 543 00:32:51,320 --> 00:32:53,200 Speaker 2: a little girl that definitely wasn't a shot. 544 00:32:53,560 --> 00:32:55,800 Speaker 1: There's a miracle that no kids were shot, but the 545 00:32:55,800 --> 00:32:59,120 Speaker 1: fact remains that no kid was shot. But they just 546 00:32:59,240 --> 00:33:01,560 Speaker 1: made up this story, and it seems to me there's 547 00:33:01,600 --> 00:33:03,600 Speaker 1: at least a good chance that they were doing that 548 00:33:03,760 --> 00:33:08,360 Speaker 1: in order to cast this terrible light on Gary, so 549 00:33:08,480 --> 00:33:12,560 Speaker 1: that if the jury saw through the nonsense that they 550 00:33:12,560 --> 00:33:16,880 Speaker 1: were being fed, they would still say, well, this guy's 551 00:33:16,920 --> 00:33:21,120 Speaker 1: a terrible guy because he shot a child. So even 552 00:33:21,160 --> 00:33:23,960 Speaker 1: if the evidence is shaky as hell, we're still going 553 00:33:24,040 --> 00:33:25,520 Speaker 1: to go ahead and convict him. Am I am I 554 00:33:25,600 --> 00:33:26,280 Speaker 1: off base here? 555 00:33:26,840 --> 00:33:28,960 Speaker 2: No, No, not at all. 556 00:33:29,160 --> 00:33:29,240 Speaker 4: No. 557 00:33:29,360 --> 00:33:32,239 Speaker 2: I think you're one hundred percent right. Holder was a 558 00:33:32,360 --> 00:33:35,800 Speaker 2: terrible witness, but he was enough, you know, he was 559 00:33:35,960 --> 00:33:40,480 Speaker 2: enough to sink Gary unfortunately, and that's the problem with 560 00:33:40,520 --> 00:33:44,320 Speaker 2: the American justice system, is that a single witness like 561 00:33:44,400 --> 00:33:48,120 Speaker 2: this could actually send a man in prison for twenty 562 00:33:48,120 --> 00:33:48,840 Speaker 2: five a life. 563 00:33:48,960 --> 00:33:52,480 Speaker 1: Gary was convicted of second agree murder on November twenty, two, 564 00:33:52,480 --> 00:33:56,160 Speaker 1: thousand and three. So Gary, take us inside the courtroom 565 00:33:56,200 --> 00:34:00,400 Speaker 1: and inside your heart and soul. At that moment, it was. 566 00:34:00,560 --> 00:34:06,280 Speaker 3: It was unbelievable, it was heartbreaking, It was so shattering. 567 00:34:07,400 --> 00:34:11,520 Speaker 3: My life and my world came to a halt at 568 00:34:11,520 --> 00:34:17,920 Speaker 3: that moment. The day I was sentenced, my family has 569 00:34:18,120 --> 00:34:36,279 Speaker 3: also been sentenced to twenty five years to life. You're 570 00:34:36,360 --> 00:34:40,839 Speaker 3: pretty much stripped of everything I was given. You know, 571 00:34:40,920 --> 00:34:45,360 Speaker 3: this new identity, the identity that the Department of Correction 572 00:34:45,520 --> 00:34:48,480 Speaker 3: wished to know me by. They don't care to know 573 00:34:48,640 --> 00:34:52,120 Speaker 3: who Gary ben Loss is. And if Gary ben Loss 574 00:34:52,200 --> 00:34:56,920 Speaker 3: is wrongfully convicted, they don't care about that. I'm known 575 00:34:56,960 --> 00:35:00,239 Speaker 3: to the Department of Corrections at zero three eight for 576 00:35:00,440 --> 00:35:05,120 Speaker 3: one five. But I'm here to tell everyone that's not 577 00:35:05,280 --> 00:35:08,680 Speaker 3: who I am talking about. A young man who was 578 00:35:08,840 --> 00:35:12,920 Speaker 3: stripped away from his family. There's a void in the 579 00:35:12,960 --> 00:35:16,279 Speaker 3: lives of my mother, or my sister, the mother of 580 00:35:16,360 --> 00:35:22,800 Speaker 3: my son, for my grandmother, my uncles, my aunts, my cousins. 581 00:35:23,600 --> 00:35:28,600 Speaker 3: So I'm not carrying this sentence alone. There's a void 582 00:35:28,840 --> 00:35:31,680 Speaker 3: that's in the life of my son, who had to 583 00:35:31,760 --> 00:35:37,080 Speaker 3: grow up without me there that I had dreams of 584 00:35:37,200 --> 00:35:41,439 Speaker 3: his father coming home, but he will never see that 585 00:35:42,400 --> 00:35:46,640 Speaker 3: because he had passed away before that actually happen. 586 00:35:49,080 --> 00:35:54,759 Speaker 1: This tragedy. It's almost hard to even process this right, 587 00:35:54,840 --> 00:35:57,799 Speaker 1: but I know when I was visiting you, Gary, you 588 00:35:57,880 --> 00:35:59,799 Speaker 1: showed me a letter you had gotten for your son. 589 00:35:59,920 --> 00:36:02,040 Speaker 1: Your son grew up without his dad through no fault 590 00:36:02,040 --> 00:36:04,600 Speaker 1: of yours, a no fault of his own, and yet 591 00:36:05,160 --> 00:36:07,840 Speaker 1: you managed to be a good father, a great father 592 00:36:07,960 --> 00:36:10,279 Speaker 1: from prison, as good as any could be, and he 593 00:36:10,360 --> 00:36:12,600 Speaker 1: turned out to be a fantastic kid. I saw a 594 00:36:12,680 --> 00:36:16,839 Speaker 1: letter that he wrote to you, that was a letter 595 00:36:16,880 --> 00:36:19,360 Speaker 1: that any father would love to get from their child, 596 00:36:20,360 --> 00:36:23,799 Speaker 1: where he basically said, I love you and I wish 597 00:36:23,800 --> 00:36:25,320 Speaker 1: things were different, but we're going to make up for 598 00:36:25,440 --> 00:36:28,040 Speaker 1: lost time when you come home. You're my inspiration, You're 599 00:36:28,080 --> 00:36:35,200 Speaker 1: my hero. And that letter, which I could almost not 600 00:36:35,400 --> 00:36:39,279 Speaker 1: read knowing what happened next, was just so beautiful and 601 00:36:39,360 --> 00:36:44,160 Speaker 1: powerful and The awful truth is that the day after 602 00:36:44,239 --> 00:36:46,799 Speaker 1: that you received that letter, he was killed in a 603 00:36:47,160 --> 00:36:49,399 Speaker 1: writing in an uber, just a passenger and an uber 604 00:36:49,400 --> 00:36:53,880 Speaker 1: and a random hit and run accident. I think we 605 00:36:53,880 --> 00:36:56,520 Speaker 1: should really dedicate this episode to his memory. 606 00:36:56,760 --> 00:37:00,480 Speaker 3: Yeah, you know, you talk him out a very very 607 00:37:00,600 --> 00:37:09,040 Speaker 3: dark moment, and I had to find first within me strength. 608 00:37:09,920 --> 00:37:13,440 Speaker 1: It's a tremendous weight that I cannot imagine lifting, considering 609 00:37:13,480 --> 00:37:17,120 Speaker 1: the weight you had already lifted. Perhaps it's the strength 610 00:37:17,200 --> 00:37:20,040 Speaker 1: that you built over all that time leading up to 611 00:37:20,080 --> 00:37:21,560 Speaker 1: this even heavier moment. 612 00:37:22,120 --> 00:37:27,680 Speaker 3: Now, I had to find that light of redemption first 613 00:37:28,000 --> 00:37:34,960 Speaker 3: within me to guide me through this perilous place so 614 00:37:35,080 --> 00:37:38,880 Speaker 3: I can get to that plateau where I can say, listen, 615 00:37:39,880 --> 00:37:44,360 Speaker 3: I'm not gonna let my time in here go to ways. 616 00:37:44,440 --> 00:37:48,000 Speaker 3: I'm not going to allow my wrong for conviction to 617 00:37:48,120 --> 00:37:50,840 Speaker 3: stop me from being the man that I'm supposed to be. 618 00:37:51,719 --> 00:37:56,839 Speaker 3: I'm gonna fight this, I'm going to win, and I'm 619 00:37:56,880 --> 00:37:59,640 Speaker 3: also going to make sure that I'm in position where 620 00:37:59,640 --> 00:38:01,439 Speaker 3: I can of bupers. 621 00:38:01,480 --> 00:38:03,680 Speaker 1: And I've read a bit about some of the good 622 00:38:03,719 --> 00:38:06,000 Speaker 1: things that you've done with your time on the inside. 623 00:38:06,000 --> 00:38:08,879 Speaker 1: In fact, I've witnessed some of them in person. I mean, 624 00:38:08,960 --> 00:38:12,319 Speaker 1: I've been up there and seen you doing your thing 625 00:38:13,320 --> 00:38:15,560 Speaker 1: making a difference. Can you tell us a little bit 626 00:38:15,560 --> 00:38:16,239 Speaker 1: about your work. 627 00:38:16,440 --> 00:38:18,319 Speaker 3: So in two thousand and six I went and I 628 00:38:18,440 --> 00:38:23,759 Speaker 3: actually obtained my GED Now I'm helping other individuals to 629 00:38:23,960 --> 00:38:29,560 Speaker 3: achieve their GEDs. I became a facilitator for a cultural 630 00:38:29,560 --> 00:38:33,480 Speaker 3: awareness class through the CAAU organization, which is a Caribbean 631 00:38:33,920 --> 00:38:39,279 Speaker 3: afric community. I've partaked an alternative violence program where you 632 00:38:39,400 --> 00:38:43,799 Speaker 3: help to mentor people to find a way to allegate 633 00:38:43,840 --> 00:38:49,360 Speaker 3: situations without the meanings of violence. Twenty twelve, I was 634 00:38:49,640 --> 00:38:54,440 Speaker 3: in the Electrical Trade program. I actually advanced and became 635 00:38:55,360 --> 00:39:00,160 Speaker 3: an IT which is called inmate program assistant. It was 636 00:39:00,160 --> 00:39:04,080 Speaker 3: an assistant to the teacher, so I became a facilitator 637 00:39:04,200 --> 00:39:08,359 Speaker 3: and through that also allowed me the opportunity to gain 638 00:39:08,480 --> 00:39:14,200 Speaker 3: my apprenticeship through the NCCER course, where I was able 639 00:39:14,440 --> 00:39:17,880 Speaker 3: to take the same type of tests and courses that 640 00:39:17,960 --> 00:39:21,200 Speaker 3: a person on the outside would so they could become electrician. 641 00:39:21,560 --> 00:39:24,520 Speaker 3: When I came to since immediately signed up for the 642 00:39:24,560 --> 00:39:28,359 Speaker 3: Mercy College Hustling program that they have here where I 643 00:39:28,360 --> 00:39:33,080 Speaker 3: am actually going for my bachelor's in Behavioral Science. I 644 00:39:33,200 --> 00:39:37,200 Speaker 3: wasn't allowing my state of mind incarceration to hold me back, 645 00:39:37,680 --> 00:39:40,040 Speaker 3: and I was setting down the stones for my future. 646 00:39:40,600 --> 00:39:41,560 Speaker 3: And I have a look back. 647 00:39:42,440 --> 00:39:45,319 Speaker 1: No, you have not. And you've brought that same proactive 648 00:39:45,400 --> 00:39:49,160 Speaker 1: and incredibly positive spirit to the work that you've done 649 00:39:49,880 --> 00:39:52,759 Speaker 1: inside with a group of guys called the AI Team, 650 00:39:53,200 --> 00:39:56,719 Speaker 1: the Actual Innocence Team, good name. Longtime listeners of the 651 00:39:56,760 --> 00:39:59,520 Speaker 1: show will remember other members of this New York based crew, 652 00:40:00,120 --> 00:40:02,840 Speaker 1: of whom are already out. I'm talking about Derek Hamilton, 653 00:40:03,320 --> 00:40:07,200 Speaker 1: Shabaka Shakur, and of course Nelson Cruz, Danny rin Khan 654 00:40:07,440 --> 00:40:12,440 Speaker 1: and yourself still remain inside. You also were friendly with 655 00:40:12,520 --> 00:40:16,160 Speaker 1: another great friend of the show and great personal friend 656 00:40:16,160 --> 00:40:18,600 Speaker 1: of mine, personal hero, I would say, I'm talking about 657 00:40:18,680 --> 00:40:22,760 Speaker 1: JJ Velasquez, who is another just incredibly inspirational man. 658 00:40:23,080 --> 00:40:28,399 Speaker 3: Being around these individuals also help to give me a 659 00:40:28,480 --> 00:40:33,480 Speaker 3: sense of hope and courage because now you no longer 660 00:40:33,520 --> 00:40:37,040 Speaker 3: feel alone. And we'll go to law a lotberries weill 661 00:40:37,080 --> 00:40:41,399 Speaker 3: research cases and we'll see what we can find will 662 00:40:41,440 --> 00:40:44,040 Speaker 3: be able to help us. Oh, that idea is a 663 00:40:44,120 --> 00:40:48,479 Speaker 3: batchling issue, that's a strictly versus Washington issue. Oh, that's 664 00:40:48,520 --> 00:40:51,680 Speaker 3: the way the issue and that's how I started to 665 00:40:52,120 --> 00:40:56,200 Speaker 3: learn the law. Interestinctly. You know, it's not supposed to happen, 666 00:40:56,239 --> 00:40:59,720 Speaker 3: but now you can put legal theory to it. Now 667 00:41:00,120 --> 00:41:03,520 Speaker 3: it's more than just going into a call, submitting a 668 00:41:03,560 --> 00:41:06,560 Speaker 3: piece of paper and saying I didn't do it. 669 00:41:07,239 --> 00:41:09,399 Speaker 1: So you fought your case for a while this way, 670 00:41:09,440 --> 00:41:12,960 Speaker 1: and eventually Derek, Shabaka and JJ got out, and slowly 671 00:41:13,000 --> 00:41:14,759 Speaker 1: but surely you got your case in front of our 672 00:41:14,760 --> 00:41:17,920 Speaker 1: friend Justin here. So Justin, what has happened so far 673 00:41:18,280 --> 00:41:21,120 Speaker 1: in Gary's post conviction fight and where does his case stand? 674 00:41:21,160 --> 00:41:22,560 Speaker 3: Now? Okay? 675 00:41:22,640 --> 00:41:26,560 Speaker 2: Well, Gary, you know, of course he filed a direct appeal. 676 00:41:27,000 --> 00:41:30,600 Speaker 2: And what's very interesting about Gary's direct appeal is that 677 00:41:30,640 --> 00:41:33,719 Speaker 2: he's we're saying the same thing that we're saying now, right, 678 00:41:33,920 --> 00:41:37,520 Speaker 2: Gary has been consistent since day one. He filed a 679 00:41:37,600 --> 00:41:40,680 Speaker 2: motion to vacate his conviction back in two thousand and two. 680 00:41:41,320 --> 00:41:44,160 Speaker 2: One of the issues was the fact that Anthony Holder 681 00:41:44,680 --> 00:41:48,400 Speaker 2: had a criminal charge that was pending during the trial 682 00:41:48,760 --> 00:41:53,160 Speaker 2: that was never disclosed. Actually, Kyle Reeves, as per usual, 683 00:41:53,360 --> 00:41:56,319 Speaker 2: I should say, Kyle Reeves, failed to turn that over 684 00:41:56,640 --> 00:41:59,840 Speaker 2: and actually indicated that Anthony Holder had never been arrested 685 00:42:00,239 --> 00:42:03,399 Speaker 2: in his life, which was totally untrue. That just goes 686 00:42:03,440 --> 00:42:06,719 Speaker 2: along with Kyle Reeves's theme. But as of right now, 687 00:42:06,760 --> 00:42:10,520 Speaker 2: you know, we are really reinvestigating the forensics at the 688 00:42:10,560 --> 00:42:13,759 Speaker 2: scene and pulling all the files from the NYPD and 689 00:42:13,840 --> 00:42:17,680 Speaker 2: the District Attorney's office to prepare for another four point 690 00:42:17,680 --> 00:42:21,359 Speaker 2: forty or to go to the conviction Review Unit, which 691 00:42:21,400 --> 00:42:24,040 Speaker 2: I do think would be very interested in this case 692 00:42:24,080 --> 00:42:28,440 Speaker 2: based upon how unreliable the evidence is here that convicted 693 00:42:28,480 --> 00:42:32,040 Speaker 2: Gary and the evidence of innocence. You know, Jason, I 694 00:42:32,040 --> 00:42:34,440 Speaker 2: think the biggest thing is what makes a case like 695 00:42:34,520 --> 00:42:38,960 Speaker 2: Gary's very strong is the evidence that's in the possession 696 00:42:39,239 --> 00:42:43,120 Speaker 2: of the prosecutor. And when you look at that, including 697 00:42:43,360 --> 00:42:46,480 Speaker 2: Augustin Hinkson let him in Bolton and then a nine 698 00:42:46,520 --> 00:42:49,840 Speaker 2: to one one caller, three people all say that Gary 699 00:42:49,880 --> 00:42:52,600 Speaker 2: beIN Lost is not the shooter here, He's not the 700 00:42:52,600 --> 00:42:56,080 Speaker 2: person that killed Victor Vulcan. And I think that that's 701 00:42:56,160 --> 00:43:01,520 Speaker 2: overwhelming evidence of innocence in comparison to any holder. And 702 00:43:01,600 --> 00:43:04,040 Speaker 2: that's what we're working on right now is tying that 703 00:43:04,120 --> 00:43:07,640 Speaker 2: all together, both forensically and through our investigation and to 704 00:43:07,680 --> 00:43:10,480 Speaker 2: see if there's any more Brady evidence out there because 705 00:43:10,480 --> 00:43:13,080 Speaker 2: there was at least one witness that was interviewed that 706 00:43:13,239 --> 00:43:16,600 Speaker 2: was friends with Victor Vulcan that stated that Victor Vulcan 707 00:43:16,680 --> 00:43:19,719 Speaker 2: had beef with people from his own block. He was 708 00:43:19,800 --> 00:43:22,120 Speaker 2: not from the block where he was found murdered at. 709 00:43:22,160 --> 00:43:25,160 Speaker 2: So you know, we are investigating all these claims before 710 00:43:25,200 --> 00:43:28,880 Speaker 2: we do anything, but we're evaluating whether we go forward 711 00:43:28,880 --> 00:43:31,280 Speaker 2: with another motion to vacate or go to Brooklyn's Conviction 712 00:43:31,360 --> 00:43:32,000 Speaker 2: Review Unit. 713 00:43:32,239 --> 00:43:35,240 Speaker 1: Justin what can people do? And I'm sure people are listening, 714 00:43:35,320 --> 00:43:39,080 Speaker 1: heartbroken and angry and motivated. So what can people do 715 00:43:39,520 --> 00:43:42,800 Speaker 1: to help bring some semblance of justice for Gary? 716 00:43:43,440 --> 00:43:45,960 Speaker 2: I would say start off by reaching out to Ari Gonzales, 717 00:43:46,239 --> 00:43:49,879 Speaker 2: Brooklyn DA's office, and also Gary has a change dot 718 00:43:50,000 --> 00:43:54,319 Speaker 2: org page, and support the petition and continue to support 719 00:43:54,520 --> 00:43:58,080 Speaker 2: people who are like Gary. I think that's the biggest problem. 720 00:43:58,120 --> 00:44:01,800 Speaker 2: There needs to be more support from a broader base 721 00:44:02,200 --> 00:44:02,920 Speaker 2: in the country. 722 00:44:03,200 --> 00:44:03,439 Speaker 3: Right. 723 00:44:04,080 --> 00:44:05,960 Speaker 2: It has to be more than just the people that 724 00:44:06,000 --> 00:44:08,520 Speaker 2: have been affected by roomful convictions. It has to be 725 00:44:08,600 --> 00:44:13,399 Speaker 2: people that are just regular, average American citizens because they 726 00:44:13,440 --> 00:44:15,960 Speaker 2: need to understand that this could be you, Because it 727 00:44:16,000 --> 00:44:17,680 Speaker 2: could be you, it could be your son, it could 728 00:44:17,680 --> 00:44:20,200 Speaker 2: be your daughter. It could it could be anybody, it 729 00:44:20,200 --> 00:44:23,239 Speaker 2: could be you, and people need to stop acting like 730 00:44:23,320 --> 00:44:25,560 Speaker 2: that that's not a fact. 731 00:44:25,800 --> 00:44:29,279 Speaker 1: We will link in the bio to the petition and 732 00:44:29,320 --> 00:44:32,000 Speaker 1: to other information about the case. Please do click on 733 00:44:32,040 --> 00:44:36,480 Speaker 1: the link in the bio, sign the petition and get involved, 734 00:44:36,760 --> 00:44:40,080 Speaker 1: and we'll hopefully be able to publish an update to 735 00:44:40,120 --> 00:44:43,239 Speaker 1: this episode sometime and then not to distant future where 736 00:44:43,280 --> 00:44:45,720 Speaker 1: we get to speak with Gary from the outside. And now, 737 00:44:45,840 --> 00:44:48,319 Speaker 1: of course it's time to turn to the closing of 738 00:44:48,360 --> 00:44:52,040 Speaker 1: our show, which everyone knows is called closing arguments, and 739 00:44:52,080 --> 00:44:55,600 Speaker 1: this is where I thank you guys again. I'm going 740 00:44:55,640 --> 00:44:59,000 Speaker 1: to turn over to you first, justin for your thoughts, 741 00:44:59,040 --> 00:45:01,319 Speaker 1: any other thoughts you want to share, and then of 742 00:45:01,360 --> 00:45:04,080 Speaker 1: course hand off to Gary and he'll take us off 743 00:45:04,080 --> 00:45:05,080 Speaker 1: into the sunset. 744 00:45:05,719 --> 00:45:08,920 Speaker 2: The first thing that we really need to consider in 745 00:45:08,960 --> 00:45:12,120 Speaker 2: this case is because it happens over and over and 746 00:45:12,160 --> 00:45:15,840 Speaker 2: over again in identification cases, is where there's a description 747 00:45:15,960 --> 00:45:20,719 Speaker 2: that does not match the person that they end up arrestling. Obviously, 748 00:45:20,880 --> 00:45:26,360 Speaker 2: common sense says that the suspect should match the description 749 00:45:26,640 --> 00:45:31,080 Speaker 2: that the witnesses say was the perpetrator, and Gary's case 750 00:45:31,480 --> 00:45:35,040 Speaker 2: is very typical, especially in a place like New York 751 00:45:35,080 --> 00:45:38,359 Speaker 2: City where the police don't care. They just don't care. 752 00:45:38,680 --> 00:45:41,080 Speaker 2: They get a name, they focus on the name. They 753 00:45:41,080 --> 00:45:45,240 Speaker 2: don't care that the person that is this name doesn't 754 00:45:45,280 --> 00:45:48,520 Speaker 2: match the description of the perpetrator given by the witnesses. 755 00:45:49,320 --> 00:45:51,600 Speaker 2: That just goes right out the window. People don't think 756 00:45:51,600 --> 00:45:54,440 Speaker 2: that that's true. But Gary is evident to that. And 757 00:45:54,480 --> 00:45:56,640 Speaker 2: I can tell you as an attorney that practices in 758 00:45:56,680 --> 00:45:59,279 Speaker 2: New York City every day, that that happens all the time, 759 00:45:59,360 --> 00:46:02,080 Speaker 2: and it's still has happens in twenty twenty two. And 760 00:46:02,120 --> 00:46:05,200 Speaker 2: Gary is a He's a spot on case of where 761 00:46:05,320 --> 00:46:08,480 Speaker 2: the police didn't care. And the police didn't care because 762 00:46:08,520 --> 00:46:10,960 Speaker 2: they knew his name, they knew who he was. They 763 00:46:11,000 --> 00:46:14,000 Speaker 2: focused in on him. They put him in a photo 764 00:46:14,160 --> 00:46:17,240 Speaker 2: ray with a photo that didn't match anything that looked 765 00:46:17,280 --> 00:46:20,560 Speaker 2: like him. It matched more the description of what the 766 00:46:20,600 --> 00:46:23,040 Speaker 2: witnesses said the perpetrator looked like. And what I mean 767 00:46:23,080 --> 00:46:25,520 Speaker 2: by that is obviously a photo array. All you really 768 00:46:25,560 --> 00:46:28,000 Speaker 2: have is the head. The person had short hair in 769 00:46:28,040 --> 00:46:31,080 Speaker 2: the photo ray, right, so that at least matched more 770 00:46:31,160 --> 00:46:35,040 Speaker 2: the description of the perpetrator. They went and they arrested Gary. 771 00:46:35,120 --> 00:46:36,920 Speaker 2: Then they put him in a lineup where he looks 772 00:46:36,960 --> 00:46:40,240 Speaker 2: nothing like he looked in the photo ray and Robert 773 00:46:40,280 --> 00:46:43,640 Speaker 2: Reedy is the one that handles the identification and the 774 00:46:43,680 --> 00:46:48,120 Speaker 2: witnesses somehow identify him in the lineup. The person that's 775 00:46:48,160 --> 00:46:51,600 Speaker 2: running these procedures should not be involved with the investigation 776 00:46:51,680 --> 00:46:54,080 Speaker 2: and they should not know who the subject is. And 777 00:46:54,280 --> 00:46:57,839 Speaker 2: Robert Reedy has done this before. He's gotten called out, 778 00:46:57,920 --> 00:47:01,840 Speaker 2: cases have been thrown out because he suggested and tainted 779 00:47:02,040 --> 00:47:05,759 Speaker 2: identification procedures. And then who does Robert Reed? He hand 780 00:47:05,800 --> 00:47:10,000 Speaker 2: the case off to Kyle Reeves, who's framed numerous men, 781 00:47:11,680 --> 00:47:16,440 Speaker 2: scumback of the highest order. And people need to understand 782 00:47:16,480 --> 00:47:19,239 Speaker 2: what is the DA's job. The DA's job is to 783 00:47:19,320 --> 00:47:23,440 Speaker 2: vet the police's investigation. Kyle Reeves doesn't vet an investigation. 784 00:47:24,000 --> 00:47:27,879 Speaker 2: He takes the investigation and he fixes it. He does 785 00:47:27,920 --> 00:47:30,880 Speaker 2: the opposite of what you're supposed to do. And even 786 00:47:30,960 --> 00:47:35,120 Speaker 2: in the face of descriptions of a perpetrator that are 787 00:47:36,080 --> 00:47:41,360 Speaker 2: eighty pounds less and half a foot shorter than Gary 788 00:47:41,400 --> 00:47:45,000 Speaker 2: ben Lost and having a haircut that doesn't match the 789 00:47:45,040 --> 00:47:47,400 Speaker 2: afro that Gary ben Loss says, there's nothing about the 790 00:47:47,800 --> 00:47:50,439 Speaker 2: shooter in this case that matches the description of gary 791 00:47:50,480 --> 00:47:54,719 Speaker 2: Ben Lost. Kyle Reeves still takes this to trial. He 792 00:47:54,719 --> 00:47:58,120 Speaker 2: puts let him In Bolton on the stand. She stands 793 00:47:58,200 --> 00:48:00,719 Speaker 2: up in courtiess, and you see the guy that shot 794 00:48:01,440 --> 00:48:05,759 Speaker 2: the victim, Victor Vulcan here. She says no. She says no. 795 00:48:06,760 --> 00:48:11,080 Speaker 2: Her testimony matches her initial description of the shoe, which 796 00:48:11,120 --> 00:48:14,120 Speaker 2: it was not gary Ben Lost. That's a non identification. 797 00:48:14,560 --> 00:48:17,320 Speaker 2: He puts Anthony Holder on the witness stand. Anthony Holder 798 00:48:17,600 --> 00:48:21,080 Speaker 2: gives a ridiculous testimony that is not consistent at all 799 00:48:21,160 --> 00:48:23,440 Speaker 2: with the evidence of the scene, not consistent at all 800 00:48:23,480 --> 00:48:25,920 Speaker 2: with the other witnesses at the scene. Says that a 801 00:48:25,960 --> 00:48:28,120 Speaker 2: little girl was shot at the scene. There is no 802 00:48:28,320 --> 00:48:31,359 Speaker 2: NYPD record of a little girl being shot. And let 803 00:48:31,400 --> 00:48:33,440 Speaker 2: me tell you, if a little if a child was 804 00:48:33,440 --> 00:48:36,440 Speaker 2: shot at the scene, Gary beIN Loss to be doing 805 00:48:36,480 --> 00:48:40,279 Speaker 2: a lot more than twenty five to life, Okay, he 806 00:48:40,360 --> 00:48:44,440 Speaker 2: would be, and there would be absolutely police reports indicating 807 00:48:44,480 --> 00:48:49,480 Speaker 2: that medical reports indicating there wasn't. Anthony Holder completely lies. 808 00:48:49,880 --> 00:48:54,360 Speaker 2: There's not one shred of his testimony that is true. 809 00:48:55,880 --> 00:48:58,279 Speaker 2: And then another witness comes in and says that it 810 00:48:58,360 --> 00:49:01,520 Speaker 2: wasn't gary Ben Lost. That the defense calls. But what 811 00:49:01,560 --> 00:49:03,880 Speaker 2: the defense failed to do here, which they often do, 812 00:49:04,880 --> 00:49:07,400 Speaker 2: is they failed to put on the nine to one 813 00:49:07,440 --> 00:49:12,120 Speaker 2: to one caller that described the shooter as five foot eight, 814 00:49:12,200 --> 00:49:16,600 Speaker 2: dark skin with short hair. The defense failed to cross 815 00:49:16,640 --> 00:49:19,160 Speaker 2: examine let him in Bolton, even though she said that 816 00:49:19,200 --> 00:49:22,440 Speaker 2: Gary ben Loss wasn't the person that she saw fining 817 00:49:22,520 --> 00:49:26,480 Speaker 2: the weapon that day. The jury never heard the description 818 00:49:26,560 --> 00:49:30,120 Speaker 2: of let him in Bolten that the shooter matched the 819 00:49:30,200 --> 00:49:33,600 Speaker 2: description and body type of the victim, who was five 820 00:49:33,600 --> 00:49:36,759 Speaker 2: ft ten, one hundred and sixty eight pounds. That could 821 00:49:36,800 --> 00:49:40,719 Speaker 2: have definitively proved to the jury. It would have overridden 822 00:49:41,239 --> 00:49:45,239 Speaker 2: the terrible testimony of Anthony Holder. I don't even really 823 00:49:45,280 --> 00:49:48,960 Speaker 2: need to do a reinvestigation here. It's clear Gary is innocent. 824 00:49:49,120 --> 00:49:52,560 Speaker 2: He's been in jail for over twenty years at this point. 825 00:49:53,400 --> 00:49:58,560 Speaker 2: It's a travestyjustice. But it's all too often of a story, 826 00:49:58,719 --> 00:50:02,080 Speaker 2: especially in a place like New York York City. Eyewitness 827 00:50:02,160 --> 00:50:04,919 Speaker 2: identification is a real problem in New York City. It's 828 00:50:04,960 --> 00:50:06,880 Speaker 2: all too often of a story. And it is just 829 00:50:06,960 --> 00:50:09,640 Speaker 2: tragic with Gary because he should have never been arrested, 830 00:50:09,800 --> 00:50:13,560 Speaker 2: should have never been charged, and he was just railroaded. 831 00:50:16,560 --> 00:50:20,239 Speaker 3: The traumatic and irreparable effects of wrongful conviction just don't 832 00:50:20,280 --> 00:50:25,440 Speaker 3: affect those wrongfully convicted. It also impacts the lives of 833 00:50:25,520 --> 00:50:28,839 Speaker 3: their families, their communities, and the fabric of our nation. 834 00:50:30,160 --> 00:50:32,120 Speaker 3: To ed explain what I mean, I will let you 835 00:50:32,200 --> 00:50:35,400 Speaker 3: share this letter with you are. It was written by 836 00:50:35,440 --> 00:50:38,480 Speaker 3: my beloved son, Isaiah Benloss, who was seventeen years old 837 00:50:38,719 --> 00:50:44,880 Speaker 3: at the time. It reads, Dear Sir Madam, I'm writing 838 00:50:44,920 --> 00:50:48,600 Speaker 3: on behalf of my father, Gary Benloss. When I was 839 00:50:48,640 --> 00:50:51,200 Speaker 3: a baby, I never really got the chance to spend 840 00:50:51,239 --> 00:50:53,960 Speaker 3: time and bond with my father until I got older. 841 00:50:55,000 --> 00:50:57,960 Speaker 3: This situation really got to me while I was growing 842 00:50:58,040 --> 00:51:02,080 Speaker 3: up without him. He wasn't there when I first picked 843 00:51:02,120 --> 00:51:06,520 Speaker 3: up a basketball and when I first rode a bike. Also, 844 00:51:06,680 --> 00:51:10,360 Speaker 3: he wasn't there when I graduated elementary and middle school. 845 00:51:11,200 --> 00:51:13,520 Speaker 3: All I wish is for me and him to go 846 00:51:13,640 --> 00:51:17,760 Speaker 3: out and bond with each other. Even though he wasn't 847 00:51:17,800 --> 00:51:21,319 Speaker 3: there for my elementary in middle school years. I hope 848 00:51:21,360 --> 00:51:24,160 Speaker 3: he can be there when I graduated from high school 849 00:51:24,160 --> 00:51:28,400 Speaker 3: in twenty twenty. I hope whoever is reading this you 850 00:51:28,560 --> 00:51:32,000 Speaker 3: find it in your heart to give my father early parole. 851 00:51:32,120 --> 00:51:38,279 Speaker 3: Please thank you in advance. Ceceili Isaiah Benloss that was 852 00:51:38,320 --> 00:51:44,800 Speaker 3: written in April twenty second of twenty nineteen, and as 853 00:51:44,840 --> 00:51:47,680 Speaker 3: you see, I'm still in prison, so he never got 854 00:51:47,680 --> 00:51:51,400 Speaker 3: that wish for me to be there for his graduation. 855 00:51:52,840 --> 00:51:58,000 Speaker 3: In June of twenty twenty, the month following his graduation, 856 00:51:59,200 --> 00:52:02,919 Speaker 3: he sent me a car for my birthday and it reads, 857 00:52:02,960 --> 00:52:06,960 Speaker 3: happy birthday to the real O Gie. I just want 858 00:52:06,960 --> 00:52:10,040 Speaker 3: to say thank you for being real with me, believing 859 00:52:10,080 --> 00:52:13,400 Speaker 3: in me when no one did it, still being real 860 00:52:13,560 --> 00:52:16,719 Speaker 3: and never switching up and sticking it through even in 861 00:52:16,719 --> 00:52:20,040 Speaker 3: these hard times. I know you can't be out here 862 00:52:20,120 --> 00:52:23,560 Speaker 3: with me and wishing things could have been different, but 863 00:52:23,640 --> 00:52:26,719 Speaker 3: I always reminded myself and never regret what I have, 864 00:52:27,800 --> 00:52:31,040 Speaker 3: because then I wouldn't have you and my amazing girlfriend 865 00:52:31,080 --> 00:52:34,719 Speaker 3: and family that I loved daily. I appreciate and love 866 00:52:34,800 --> 00:52:38,359 Speaker 3: you that Hopefully when you get out you can make 867 00:52:38,440 --> 00:52:41,480 Speaker 3: up for lost times. I love your pops can sell 868 00:52:41,600 --> 00:52:51,799 Speaker 3: your son, Isaiah Benlos again. Those wishes would never be manifested. 869 00:52:53,400 --> 00:52:56,759 Speaker 3: But just a day after receiving this card from my son, 870 00:52:57,800 --> 00:53:00,160 Speaker 3: he was in a tragic car accident that lay to 871 00:53:00,200 --> 00:53:03,520 Speaker 3: claim this life. So as I leave you all here 872 00:53:04,800 --> 00:53:10,320 Speaker 3: with these final thoughts, as I studied before the state 873 00:53:10,360 --> 00:53:15,840 Speaker 3: of wrongful conviction doesn't just impact those wrongfully convicted, it 874 00:53:15,920 --> 00:53:17,400 Speaker 3: also affects the families. 875 00:53:20,320 --> 00:53:31,759 Speaker 4: Thank you, Thank you for listening to Wrongful Conviction. I'd 876 00:53:31,880 --> 00:53:35,000 Speaker 4: like to thank our production team Connor Hall, Jeff Cliburn, 877 00:53:35,080 --> 00:53:38,480 Speaker 4: and Kevin Wardis, with research by Lyla Robinson. The music 878 00:53:38,520 --> 00:53:41,280 Speaker 4: in this production was supplied by three time OSCAR nominated 879 00:53:41,320 --> 00:53:45,040 Speaker 4: composer Jay Ralph. Be sure to follow us on Instagram 880 00:53:45,080 --> 00:53:49,359 Speaker 4: at Wrongful Conviction, on Facebook at Wrongful Conviction podcast, and 881 00:53:49,440 --> 00:53:52,200 Speaker 4: on Twitter at wrong Conviction, as well as at. 882 00:53:52,200 --> 00:53:55,399 Speaker 1: Lava for Good. On all three platforms, you can also 883 00:53:55,480 --> 00:53:59,480 Speaker 1: follow me on both TikTok and Instagram at it's Jason flamm. 884 00:54:00,160 --> 00:54:02,600 Speaker 1: Conviction is the production of Lava for Good Podcasts and 885 00:54:02,680 --> 00:54:11,279 Speaker 1: association with Signal Company Number one