WEBVTT - #189 Jason Flom with Nelson Cruz 0:00:02.320 --> 0:00:05.680 East New York is a notoriously tough Brooklyn neighborhood, and in 0:00:05.680 --> 0:00:08.840 the seventies, eighties, and nineties it had an equally corrupt 0:00:09.000 --> 0:00:13.080 local precinct, the seventy five or seventy fifth Precinct, home 0:00:13.160 --> 0:00:17.080 to many of the wrongful convictions of notorious and YPD 0:00:17.239 --> 0:00:21.919 detectives Luis Garcela and Stephen Camill. On March twenty eighth, 0:00:22.040 --> 0:00:24.919 nineteen ninety eight, Nelson Cruz was out in the neighborhood 0:00:24.920 --> 0:00:28.760 with some friends celebrating his seventeenth birthday over Chinese food 0:00:28.880 --> 0:00:32.880 when they heard gunshots close by, so close, in fact, 0:00:32.920 --> 0:00:36.239 that they saw the police swoop in immediately to get 0:00:36.280 --> 0:00:40.280 the situation under control. A police officer had seen the 0:00:40.320 --> 0:00:44.120 actual muscle flash of the gun in Eduardo Rodriguez's hand. 0:00:44.440 --> 0:00:48.000 Trevor Vieira, a man in his mid twenties known for stickups, 0:00:48.120 --> 0:00:51.320 was lying dead in the street. Rodriguez was brought in 0:00:51.360 --> 0:00:55.040 for questioning, where Scarcela and Camille turned what should have 0:00:55.080 --> 0:00:59.880 been an open and shutcase into another horrific wrongful conviction 0:01:00.400 --> 0:01:03.440 with the false testimony of a man who didn't even 0:01:03.480 --> 0:01:07.000 know police were unseen to arrest Rodriguez and in spite 0:01:07.040 --> 0:01:10.759 of the testimony of that uniform police officer stating that 0:01:10.880 --> 0:01:15.319 Nelson Cruz was definitely not the shooter, Nelson was convicted 0:01:15.480 --> 0:01:18.400 and sentenced to twenty five years to life, and if 0:01:18.440 --> 0:01:22.600 matters couldn't get any worse, despite a mountain of new 0:01:22.760 --> 0:01:27.280 exculpatory evidence, the judge who oversaw his most recent appeal 0:01:27.720 --> 0:01:31.880 suffers now from early onset Alzheimer's, which has impaired her 0:01:31.920 --> 0:01:36.200 ability to follow the case and set Nelson free. This 0:01:36.920 --> 0:01:54.640 is Wrongful Conviction with Jason Flopp. Hello. 0:01:55.000 --> 0:01:55.440 This is a. 0:01:55.400 --> 0:01:59.160 Prepaid collect call from an inmate at New York State 0:01:59.240 --> 0:02:01.880 Department of Care and Community Supervision. 0:02:02.320 --> 0:02:05.960 This call is subject to recording and monitoring. To accept charges, 0:02:06.040 --> 0:02:09.000 Press one to refuse charges, Press two. 0:02:10.000 --> 0:02:13.680 Thank you producing, So curis you may start the conversation. Now, 0:02:14.480 --> 0:02:17.600 welcome back to Wrongful Conviction with Jason flamm That's me. 0:02:17.720 --> 0:02:22.600 I'm your host. Today. We have a deeply, deeply troubling 0:02:22.760 --> 0:02:25.400 situation to talk to you about. Today. We're on the 0:02:25.520 --> 0:02:28.720 phone with Nelson Cruz, an innocent man who's been in 0:02:28.760 --> 0:02:31.760 prison for a twenty two years now in New York State, 0:02:32.000 --> 0:02:35.200 and I'm going to introduce now to you an attorney. 0:02:35.240 --> 0:02:37.400 You have a tremendous amount of respect for who I'm 0:02:37.400 --> 0:02:39.560 proud to work with on a day to day basis 0:02:39.600 --> 0:02:42.960 on various cases, including this one. Justin bonus, Welcome to 0:02:42.960 --> 0:02:43.760 wrongful Conviction. 0:02:44.120 --> 0:02:45.360 Good morning, Jason, how are you? 0:02:45.600 --> 0:02:47.680 I'm all right. Thanks, I'm glad to be here with you, 0:02:47.880 --> 0:02:49.760 and most of all, I'm glad to be here with 0:02:49.919 --> 0:02:53.160 the man of the hour, Nelson Cruz. Nelson, I'm sorry 0:02:53.240 --> 0:02:55.360 you have to be here under these circumstances, but I'm 0:02:55.400 --> 0:02:57.320 really glad you're here to tell your story. So welcome 0:02:57.320 --> 0:03:01.840 to wrongful Conviction. I'm on to which prison are you in? Now? 0:03:02.160 --> 0:03:04.600 What Burn Correction? The facility up state New York? 0:03:04.960 --> 0:03:06.960 Can you take us back to that time? 0:03:07.360 --> 0:03:09.440 I was in tenth grade at the time. It was 0:03:09.480 --> 0:03:12.360 a nice night in March twenty eighth, nineteen ninety eight, 0:03:12.480 --> 0:03:15.280 the day for my birthday. Me and like three of 0:03:15.320 --> 0:03:17.640 my friends, we walked around the corner to the Chinese 0:03:17.639 --> 0:03:21.480 restaurant to purchase some food, and me and my friends was, 0:03:21.600 --> 0:03:24.360 you know, laughing and joking like we usually do. We 0:03:24.400 --> 0:03:28.200 stepped outside and shot the fire down the block on 0:03:28.280 --> 0:03:30.720 braffing and picking and when I looked I've seen a 0:03:30.760 --> 0:03:33.919 police officer car that pulled up immediately and was getting 0:03:33.960 --> 0:03:36.400 the area under control, and I've seen that they had 0:03:36.440 --> 0:03:39.840 a Spanish guy on the floor and they was arresting 0:03:39.840 --> 0:03:44.600 the guy. However, about four in the morning, Homicide contacted 0:03:44.640 --> 0:03:47.080 my mom. Told my mother they wanted to interview me 0:03:47.240 --> 0:03:49.600 for the murder, and I was like, how can this be. 0:03:49.720 --> 0:03:51.680 I don't have nothing to do with the situation. So 0:03:51.840 --> 0:03:53.640 my big Weather step, We're going to get an attorney. 0:03:53.640 --> 0:03:55.240 We're going to go down to the priests, and don't 0:03:55.240 --> 0:03:57.720 go down there by yourself, because you know the seventy 0:03:57.720 --> 0:04:02.440 fifth priestst is dirty. I said, fine, And on April third, 0:04:02.880 --> 0:04:05.400 about a turny went to the priests with attorney and 0:04:06.040 --> 0:04:08.680 went to a lineup and I've never seen the scrief again. 0:04:09.200 --> 0:04:11.400 Justin I want to turn to you because this case 0:04:11.600 --> 0:04:15.160 is the definition of an open and shut case. It 0:04:15.200 --> 0:04:18.719 should have never even been anywhere near Nelson or his 0:04:18.839 --> 0:04:22.680 family because they knew from day one exactly who did it. 0:04:22.720 --> 0:04:24.839 Can you explain what I'm talking about here? 0:04:25.320 --> 0:04:28.360 This murder happens March twenty eighth, nineteen ninety eight, at 0:04:28.360 --> 0:04:32.240 eleven fifteen at the corner of Bradford and Picking. Two 0:04:32.279 --> 0:04:36.520 cops in a patrol car. Officer William Paietti actually watches 0:04:37.240 --> 0:04:39.440 the man with the ponytail, who we later find out 0:04:39.560 --> 0:04:42.679 is at Wardo Rodriguez firing the gun, sees the muzzle 0:04:42.760 --> 0:04:46.240 flare towards Bradford and Picking, which is where the deceased 0:04:46.320 --> 0:04:50.520 Trevor Vieira was found. Pietti actually arrests at Wardo, Rodriguez 0:04:50.520 --> 0:04:54.320 tells him to drop the gun, and Officer Palmery chases 0:04:54.320 --> 0:04:57.240 a black man. I guess who runs away. These are 0:04:57.360 --> 0:05:01.440 what the two cops say at one one forty five 0:05:01.480 --> 0:05:03.800 in the morning when they're interviewed by none other than 0:05:03.920 --> 0:05:08.520 Detective Lewis Scarcela and Detective Steven Kimmel. And just to 0:05:08.720 --> 0:05:11.880 tell you who those men are, I mean, they're probably 0:05:12.000 --> 0:05:14.120 some of the most storied police officers in the country 0:05:14.160 --> 0:05:17.320 when it comes to wrongful convictions in relation to homicides. 0:05:17.600 --> 0:05:20.640 And Lewis Scarcella with Camill shows up at the scene 0:05:20.680 --> 0:05:23.719 at eleven fifty five. They are totally involved with this case. 0:05:23.960 --> 0:05:28.400 Scarcella and Camille are at the precinct with Rodriguez. Rodriguez 0:05:28.520 --> 0:05:31.599 at around three o'clock in the morning or so actually 0:05:31.640 --> 0:05:35.760 makes a statement. Another witness, William Johnson, who later testifies 0:05:35.839 --> 0:05:38.359 that Nelson wasn't at the scene, He was an eyewitness 0:05:38.440 --> 0:05:41.120 arrested at the scene. He was interviewed, does not indicate 0:05:41.160 --> 0:05:44.120 anything about Nelson Cruz. So the first person to actually 0:05:44.240 --> 0:05:47.000 name Cruise is at Wardo Rodriguez. And then there was 0:05:47.040 --> 0:05:49.560 a third witness. His name is Andre Bellinger, who was 0:05:49.600 --> 0:05:51.960 interviewed at something around three forty five in the morning, 0:05:52.080 --> 0:05:56.000 and he says Nelson as well. Nelson turns himself in 0:05:56.040 --> 0:05:59.200 on April third. He's barely seventeen years old. Mark Brooks 0:05:59.279 --> 0:06:02.520 runs the lineup. He is allegedly the lead investigator out 0:06:02.520 --> 0:06:05.320 of the seventy fifth because Stephen Camill is the lead 0:06:05.360 --> 0:06:08.720 investigator for Brooklyn North. And how you understand the politics 0:06:08.720 --> 0:06:12.279 between Brooklyn North and the local precincts is one detective 0:06:12.360 --> 0:06:15.320 from Brooklyn North would work with a precinct detective. So 0:06:15.560 --> 0:06:19.440 Stephen Camill was the lead partner detective with Mark Brooks 0:06:19.440 --> 0:06:22.000 who was the detective from the seventy fifth precinct, and 0:06:22.120 --> 0:06:26.400 Lewis Scarcella was Stephen Camill's partner from Brooklyn North. You know, 0:06:26.480 --> 0:06:29.360 so what we have happened is a lineup that's conducted, 0:06:29.800 --> 0:06:33.080 and Andre Bellinger is the only witness that comes in to 0:06:33.160 --> 0:06:33.880 view the lineup. 0:06:34.160 --> 0:06:37.240 So little does Nelson know he's going right into the 0:06:37.440 --> 0:06:40.320 eye of the storm. Here, you were living through this 0:06:40.560 --> 0:06:43.360 a tenth greater. I mean, can you take us back 0:06:43.360 --> 0:06:45.640 to what you were thinking and feeling at that time, 0:06:45.720 --> 0:06:48.960 starting on the third when you turn yourself in, Yes, Jason. 0:06:49.240 --> 0:06:51.600 So I'm go into the precinct and I'm sitting down 0:06:51.880 --> 0:06:54.240 just waiting for the detective to go look for us. 0:06:54.240 --> 0:06:57.840 On Philistlana Scarcella, he's on his desk with a seat 0:06:57.920 --> 0:07:01.120 picked up, smoking a cigar. I never forget this. He's 0:07:01.120 --> 0:07:03.599 smoking a cigar and he asks me, Uh, you're not 0:07:03.640 --> 0:07:06.640 scared to be here. I said, no, I wouldn't be here, 0:07:06.680 --> 0:07:09.320 but I committed this murder. He should have head, he said, 0:07:09.360 --> 0:07:12.200 all right. After they got the filler, we went into 0:07:12.240 --> 0:07:15.240 the lineup. I got picked out, of course by Andre Billinger, 0:07:15.800 --> 0:07:18.600 and my attorney's explained to me, listen, don't say nothing 0:07:18.640 --> 0:07:20.320 to the detective. The only thing that you supposed to 0:07:20.320 --> 0:07:22.240 stay to them is your name and address. So they 0:07:22.320 --> 0:07:23.920 kept me in the bullpen for a little while for 0:07:23.920 --> 0:07:26.560 a couple of hours, and they took me out the 0:07:26.560 --> 0:07:29.000 bullpen and then bring me right back into the lineup 0:07:29.040 --> 0:07:31.360 rung and they cuffed me into like the little rails 0:07:31.440 --> 0:07:34.560 inside the lineup rum and start. Seller brings the paper 0:07:34.560 --> 0:07:37.440 into the room and he's telling me, listen, we already 0:07:37.440 --> 0:07:40.119 know what happened. Just sign it and you will be leaving. 0:07:40.960 --> 0:07:43.400 So I tell Scott Seller that I'm not signing anything. 0:07:44.240 --> 0:07:46.240 He gets a little frustrated, So you got your meal, 0:07:46.320 --> 0:07:48.160 trying to play the gut cop. He's telling me, listen, 0:07:48.240 --> 0:07:50.400 just sign it and you'll be walking out. We already 0:07:50.440 --> 0:07:52.640 know what happened. So I tell him again, I'm not 0:07:52.680 --> 0:07:56.240 signing anything. Scott's Feller get a little frustrated, crumble the 0:07:56.240 --> 0:07:58.920 paper and slaps me in the face with this again. 0:07:59.040 --> 0:08:01.440 He's telling me, you know, hostile, just signed the paper, 0:08:01.440 --> 0:08:03.200 you'd be and I'm like, I'm not signing anything. They 0:08:03.280 --> 0:08:04.640 left me in a room for like a half hour. 0:08:04.680 --> 0:08:06.920 They brings me back into the book pen, and about 0:08:06.960 --> 0:08:09.000 maybe like an hour after that, they put me into 0:08:09.040 --> 0:08:11.880 a van. They driving me to us Central Bookman. And 0:08:12.000 --> 0:08:14.640 later on when I get my voluntary disclosure for him, 0:08:15.080 --> 0:08:17.160 I see that they put a DD five report in 0:08:17.160 --> 0:08:20.880 a statement that I made a spontaneous statement. The statement 0:08:20.960 --> 0:08:23.080 s face sensed the fact that I got shot in 0:08:23.160 --> 0:08:25.720 my leg and I shot the guy and ran and 0:08:25.720 --> 0:08:27.800 I'm looking at I'm telling my attorney. I never said 0:08:27.840 --> 0:08:30.440 any of this to these detectives. Number never said any 0:08:30.480 --> 0:08:30.600 of this. 0:08:31.280 --> 0:08:34.320 And the statement that he attributes to Nelson is the 0:08:34.360 --> 0:08:37.720 same type of language that's in all of these Scarcella 0:08:37.800 --> 0:08:42.160 Incamil cases when you have these quote unquote confessions. 0:08:42.400 --> 0:08:43.760 And by the way, I have to say this before 0:08:43.760 --> 0:08:45.600 I get back to Justin. It sounds to me like 0:08:45.679 --> 0:08:48.679 you did everything right. You did what we always ask 0:08:48.760 --> 0:08:51.199 people to do on the show, don't talk. You didn't 0:08:51.200 --> 0:08:53.560 sign a piece of paper, although it sounded like a 0:08:53.559 --> 0:08:56.040 pretty good offer, like to a kid in tenth grade. 0:08:56.120 --> 0:09:00.440 So you did everything right and the system failed you. Anyway, Justin, 0:09:00.480 --> 0:09:03.680 do you have a theory on how this Rodriguez character 0:09:03.840 --> 0:09:07.560 could have possibly convinced the detectives that I mean, my 0:09:07.640 --> 0:09:09.640 mind goes to a pretty dark place here. But why 0:09:09.640 --> 0:09:10.600 did he finger Nelson? 0:09:10.880 --> 0:09:13.640 The only theory I have is Rodriguez knew who Nelson 0:09:13.880 --> 0:09:16.600 was and he just pinned it on somebody that maybe 0:09:16.640 --> 0:09:19.480 looked more like him. Than anybody else did. But one 0:09:19.520 --> 0:09:22.720 other thing about Edward or Rodriguez, the seventy fifth was 0:09:22.840 --> 0:09:25.880 very familiar with him. He had multiple arrests from the 0:09:25.880 --> 0:09:29.079 seventy fifth robbery I believe in nineteen ninety and then 0:09:29.120 --> 0:09:32.200 a drug conviction in ninety five. He was on parole 0:09:32.360 --> 0:09:34.440 at the time of this murder for that drug conviction 0:09:34.520 --> 0:09:35.240 from ninety five. 0:09:35.840 --> 0:09:38.720 They knew him, and they might have found him to 0:09:38.720 --> 0:09:41.880 be useful, and in this case, they didn't want to 0:09:41.920 --> 0:09:44.520 put him in jail. I mean, that's clear, because they 0:09:44.520 --> 0:09:47.080 could have. They should have. It was their responsibility to 0:09:47.160 --> 0:09:49.760 do so, and instead they decided to pin it on 0:09:49.840 --> 0:09:52.840 an innocent man named Nelson Cruz, which was standard operating 0:09:52.840 --> 0:09:54.040 procedure for them at that time. 0:09:54.080 --> 0:09:57.640 Anyway, the seventy fifth, as Nelson said, is notorious. The 0:09:57.760 --> 0:10:00.240 quote from Michael Race when he was ahead of that 0:10:00.320 --> 0:10:03.280 squad from the early eighties into the early nineties, he 0:10:03.360 --> 0:10:06.600 was involved with seven hundred and fifty homicide investigations and 0:10:06.640 --> 0:10:10.640 only one time did they actually follow the rules. So 0:10:11.200 --> 0:10:13.960 Rodriguez tells them I didn't do it, and they bring 0:10:14.000 --> 0:10:16.920 Andre Bellinger in. He gives them the information that they 0:10:16.960 --> 0:10:19.120 want to hear, and what we know about Andre Bellinger 0:10:19.200 --> 0:10:21.839 is in nineteen eighty one, Andre Bellinger was charged with 0:10:22.000 --> 0:10:24.199 murder and he only does a one and a half 0:10:24.200 --> 0:10:27.920 to three. At the time of Nelson's arrest, Andre Bellinger 0:10:28.040 --> 0:10:30.920 was working with the PAAL, which is the Police Athletic League, 0:10:30.960 --> 0:10:33.160 and he lived only two blocks away from the seventy 0:10:33.160 --> 0:10:36.480 fifth precinct. And what we know from a hearing what 0:10:36.559 --> 0:10:40.760 Detective Brooks testifies to is right before the lineup Scarcel 0:10:40.840 --> 0:10:43.120 and Camille, they're alone with Andre Bellinger. 0:10:43.679 --> 0:10:46.200 So now we have to get to the trial. A 0:10:46.320 --> 0:10:50.520 New York City police officer testified that they had not 0:10:50.640 --> 0:10:53.760 seen Nelson Cruz at the scene. I'm going to read 0:10:53.800 --> 0:10:57.360 the testimony here. Nelson, your lawyer walked the officer through 0:10:57.400 --> 0:10:59.840 what happened. He said, did you see the muzzle flashes 0:10:59.840 --> 0:11:03.280 of the gun. He answers, I saw muzzle flashes, and 0:11:03.320 --> 0:11:05.959 you jumped out of the car almost immediately upon hearing 0:11:05.960 --> 0:11:09.600 the shots. Correct, and the officer says correct, your gun drawn. 0:11:10.160 --> 0:11:12.960 Officer says yes, did you ever see Nelson Cruz on 0:11:13.000 --> 0:11:16.080 the scene. No? Did you ever see Nelson Cruz with 0:11:16.120 --> 0:11:19.440 a nine millimeter handgun in his hand? No, you did 0:11:19.520 --> 0:11:23.920 see Eduardo Rodriguez with a nine millimeter handgun in his hand. Correct. Yes, 0:11:24.200 --> 0:11:26.240 As a matter of fact, you were pointing your nine 0:11:26.240 --> 0:11:30.600 milimeter at him. Correct. Officer replies correct, because he had 0:11:30.600 --> 0:11:33.839 a gun in his hand. Correct. Correct. And you were 0:11:33.920 --> 0:11:36.319 screaming at the top of your lungs to drop the gun, 0:11:36.400 --> 0:11:41.080 drop the gun. Correct. Officer replies correct. Now, that is 0:11:41.200 --> 0:11:44.520 some of the most powerful testimony I have ever heard, 0:11:44.760 --> 0:11:48.319 and all of it serves to prove that you could 0:11:48.360 --> 0:11:50.560 not did not commit this crime. 0:11:50.880 --> 0:11:54.280 You know, as you just read the testimony, I remember 0:11:54.280 --> 0:11:57.120 it like yesterday, and I'm still confused, Jason, the only 0:11:57.160 --> 0:12:00.720 one is against me was not like Rodriguez. At Montreal, 0:12:00.840 --> 0:12:05.120 they used Andre Billinger. And when you ask Andre Billinger 0:12:05.160 --> 0:12:07.400 to space, he was there from the beginning to the 0:12:07.880 --> 0:12:10.400 Did you see police on the scene he states no. 0:12:11.120 --> 0:12:13.440 We ask him, did you see anybody get arrested on 0:12:13.480 --> 0:12:17.160 the crowd saying? He states no, so and my mom 0:12:17.280 --> 0:12:20.000 is like, what crowd saying was this guy in? 0:12:20.360 --> 0:12:22.600 How could you be confused as to whether or not 0:12:22.640 --> 0:12:25.079 there were police officers? He wasn't confused. He said there weren't, 0:12:25.120 --> 0:12:27.200 but there were. This is not a thing you could 0:12:27.240 --> 0:12:29.040 mix up like the color of the shirt the guy 0:12:29.160 --> 0:12:29.880 was wearing. You know. 0:12:30.080 --> 0:12:32.960 Bellinger His story is that Nelson gets into it with 0:12:33.040 --> 0:12:36.240 a guy named Shaq, and that Nelson drives his car, 0:12:36.400 --> 0:12:39.440 comes back around and then gets into it with Vieira. 0:12:39.760 --> 0:12:42.880 Bellinger says that Nelson accused Vieira of giving Shack a gun. 0:12:43.200 --> 0:12:46.840 That Nelson just kills Vieira. That's basically Bellinger's story. No 0:12:46.880 --> 0:12:50.880 one else says that, no one And what's interesting is 0:12:50.920 --> 0:12:53.640 Shaq actually came to testify in twenty nineteen and he 0:12:53.679 --> 0:12:55.800 said he never had a fight with Nelson Cruz, so 0:12:55.880 --> 0:12:57.920 that was a made up story. And what corroborates what 0:12:58.000 --> 0:13:00.880 Shaq says is when Andre Bellinger speaks to the conviction 0:13:01.000 --> 0:13:03.600 review Unit in twenty fifteen, says he says he can't 0:13:03.600 --> 0:13:06.280 even remember the incident with Shack, which is the whole 0:13:06.360 --> 0:13:11.120 basis of this altercation. This case is a joke, okay. 0:13:11.640 --> 0:13:16.000 Bellinger was also the least credible witness, not just because 0:13:16.040 --> 0:13:19.680 of his background, but also because Bellinger testified that the 0:13:19.679 --> 0:13:23.559 police told him who to identify. And Bellinger also testified 0:13:23.600 --> 0:13:25.840 that he'd only been able to identify the murder weapon 0:13:25.880 --> 0:13:28.600 as a nine millimeter gun because the police had told 0:13:28.640 --> 0:13:29.800 him that's what it was. 0:13:30.280 --> 0:13:34.080 They didn't know the gun that Rodriguez was arrested with 0:13:34.240 --> 0:13:37.200 was the murder weapon until just before Nelson's trial. And 0:13:37.240 --> 0:13:40.360 this is a common theme in policing from the NYPD 0:13:40.559 --> 0:13:45.160 is they don't do any forensic investigation. Okay, so the 0:13:45.200 --> 0:13:48.600 ballistics from the nine millimeter that Rodriguez has caught with 0:13:48.800 --> 0:13:51.560 matched the shellcasings that murdered Trevor Vieira. 0:13:51.880 --> 0:13:55.280 When the police officer testified states then he didn't see 0:13:55.320 --> 0:13:56.840 me at all. He didn't send me with no gun, 0:13:56.880 --> 0:13:59.200 he stated, who he's being able with the gun. I'm like, 0:13:59.320 --> 0:14:02.400 I'm an go home. And at the end when the 0:14:02.440 --> 0:14:05.480 tribute came back with the guilty murder, just believe it 0:14:05.960 --> 0:14:09.480 and get sentence the twenty out of life. You've got 0:14:09.520 --> 0:14:12.800 the god with the smoking gun. All five shell cases 0:14:12.920 --> 0:14:15.520 match that gun. I still can't believe it. 0:14:23.800 --> 0:14:26.920 This episode is brought to you by Stand Together. Stand 0:14:26.960 --> 0:14:30.720 Together is a philanthropic community dedicated to helping people improve 0:14:30.760 --> 0:14:33.720 their lives. For more than twenty years, Stand Together and 0:14:33.720 --> 0:14:36.080 its partners have been on the front lines of criminal 0:14:36.200 --> 0:14:40.640 justice reform by empowering people to take action, supporting nonprofits 0:14:40.680 --> 0:14:44.440 and working with businesses. Stand Together tackles the root causes 0:14:44.480 --> 0:14:47.360 of problems in our communities and empowers those closest to 0:14:47.400 --> 0:14:51.800 the problems to drive solutions. Solutions like reducing unjust prison 0:14:51.880 --> 0:14:55.760 sentences through the First Step Act, empowering community based programs 0:14:55.760 --> 0:14:58.960 and help people re enter society, and now working to 0:14:59.040 --> 0:15:02.400 bridge divides in our communities. To learn how you may 0:15:02.440 --> 0:15:09.440 get involved, visit Standtogether dot org slash conviction. This episode 0:15:09.480 --> 0:15:13.520 is underwritten by the AIG pro Bono Program. AIG is 0:15:13.560 --> 0:15:16.800 a leading global insurance company, and for over a decade, 0:15:16.800 --> 0:15:20.560 the AIG pro Bono Program has provided thousands of hours 0:15:20.560 --> 0:15:24.560 of free legal services and other support to nonprofit organizations 0:15:24.560 --> 0:15:28.680 and individuals most in need. More recently, the program added 0:15:28.720 --> 0:15:32.120 criminal and social justice reform as a key pillar of 0:15:32.160 --> 0:15:43.320 its mission. Nelson didn't exactly take this lying down. Instead, 0:15:43.880 --> 0:15:46.920 you got busy behind bars, right, I mean tell us 0:15:46.960 --> 0:15:48.680 about the actual innocence crewment. 0:15:48.960 --> 0:15:51.080 Like I said, I was sentence to twenty five years 0:15:51.080 --> 0:15:53.720 to life, and I'll come up to state. Didn't know 0:15:54.000 --> 0:15:57.760 anything about the law, and I'm just setting a little 0:15:57.800 --> 0:16:00.720 library actions for help, and you know, reading a lot 0:16:00.720 --> 0:16:04.880 of statues and trying to familiarize myself. So I ran 0:16:04.920 --> 0:16:06.680 across you know, a lot of good guys and they 0:16:06.760 --> 0:16:09.240 teaching me about the laws. And at the same time, 0:16:09.280 --> 0:16:11.840 I'm trying to gather up my evidence to submit my 0:16:12.160 --> 0:16:16.320 affidavits to the Thought Division. At the time, my director 0:16:16.360 --> 0:16:19.440 pill was pending. But I couldn't because you know, my family, 0:16:19.640 --> 0:16:21.800 we're not rich. We're not rich, We we don't got 0:16:21.880 --> 0:16:24.800 money like that to be hiring private investigator. So I 0:16:24.840 --> 0:16:27.040 had my mother. She was, you know, going into these 0:16:27.120 --> 0:16:30.240 dangerous projects, looking for my friends, looking for people that 0:16:30.360 --> 0:16:33.400 was at the crime scene that night. And with the 0:16:33.440 --> 0:16:35.280 help with my mother, I was getting phone numbers, and 0:16:35.320 --> 0:16:38.400 with the phone numbers, I was contacting people's gathering evidence. 0:16:38.680 --> 0:16:40.720 I had got about maybe two, like two or three 0:16:40.760 --> 0:16:43.240 Afid Davis at first, and then my brother laid on 0:16:43.440 --> 0:16:46.400 we had hire a private investigator to locate these witnesses 0:16:46.560 --> 0:16:50.040 and get Abid Davis from them. And as I'm submitting 0:16:50.080 --> 0:16:52.720 these motions to the court, I'm getting shot down. I'm 0:16:52.760 --> 0:16:55.200 losing hope, but I'm still fighting because I said, listen, 0:16:55.240 --> 0:16:56.960 something one day's son got to give here. I know 0:16:57.000 --> 0:16:59.080 I ain't commited this crime, and to the course of 0:16:59.120 --> 0:17:01.800 the years me being I'm hearing of a guy named Bush, 0:17:02.000 --> 0:17:04.560 which is Derek Hamilton. I don't know if you're familiar 0:17:04.600 --> 0:17:07.040 with him. He's a jail house William And I'm like, wow, 0:17:07.119 --> 0:17:08.680 I got to meet this guy because I heard he's 0:17:08.720 --> 0:17:10.600 a beast with the lord. So I end up meeting 0:17:10.640 --> 0:17:14.040 Derek Hamilton in the law library and we exchanged information 0:17:14.280 --> 0:17:16.639 D five and stuff like that, and I'm explaining to 0:17:16.720 --> 0:17:19.399 him about my case. He reviewed my d D five. 0:17:19.720 --> 0:17:22.200 He sees that scart seller name is in the bottom 0:17:22.240 --> 0:17:25.000 and he's like, wow, this guy's in my case. He 0:17:25.119 --> 0:17:27.600 loud on me on my case and he's fighting Actual 0:17:27.680 --> 0:17:31.679 editing the same thing. So we leave Shawongong. We end 0:17:31.760 --> 0:17:35.040 up in Auburn. When we go to Auburn Correction Facility again, 0:17:35.200 --> 0:17:38.600 I'm in Laura Liveburn and I meet Shabaka Shabacca's there. 0:17:38.760 --> 0:17:41.000 A guy by the name of Danny Ringkolng there also 0:17:41.119 --> 0:17:45.160 fighting innocent and Derek ended up a rising. That's when 0:17:45.320 --> 0:17:48.320 he came up with the name Actual Edison Team AI Team. 0:17:48.760 --> 0:17:50.800 And what we was doing was like one day we 0:17:50.800 --> 0:17:53.080 will work on my case, the next day we will 0:17:53.119 --> 0:17:55.600 work on Derek case. Like that, we'll take turns on 0:17:55.640 --> 0:17:58.080 each other case and Derek telling me, what the dude 0:17:58.160 --> 0:17:59.959 right over here, right over here, do this, do that. 0:18:00.080 --> 0:18:01.600 And at the same time I see telling me what 0:18:01.640 --> 0:18:04.440 to do. I'm learning. And basically what I was doing 0:18:04.600 --> 0:18:07.000 was lawyer shopping. I'm somemn in a big package with 0:18:07.119 --> 0:18:09.480 all my evidence, with my AFFID Davis, my DD five 0:18:09.600 --> 0:18:12.639 crime scene sketches that I drew, trying to get some 0:18:12.800 --> 0:18:15.680 help from the outside. I wrote every actually innocent project. 0:18:15.720 --> 0:18:18.400 I wrote governors, I wrote the President, I wrote everywhere Jason, 0:18:18.880 --> 0:18:21.320 anywhere you can think of, I wrote. And at this 0:18:21.440 --> 0:18:24.800 time Derek ended up going home in twenty eleven. So 0:18:24.880 --> 0:18:28.000 Derek always told me, listen, I'm not gonna forget about you. 0:18:28.040 --> 0:18:30.320 Once I'm making home, I'm near. I got you. I'm 0:18:30.359 --> 0:18:32.480 not gonna forget And I don't heard that so many 0:18:32.480 --> 0:18:34.720 times Jason being in here that you know, guys tell 0:18:34.720 --> 0:18:36.920 you listen, they're gonna go home do this, and guys 0:18:36.960 --> 0:18:39.239 just go home and live their life. So I'm like, wow, now, 0:18:39.760 --> 0:18:41.359 I hope Deryck don't do this to me, you know. 0:18:42.080 --> 0:18:45.760 And Derek went home and kept his word. Jason. He 0:18:45.960 --> 0:18:50.000 put justin on my case and from there we gathered 0:18:50.000 --> 0:18:52.639 more evidence, and I'm well not today. 0:18:53.200 --> 0:18:56.680 Derek has been on the show, Danny ring kon Tobacca, Shakur. 0:18:56.920 --> 0:18:59.160 I mean, all these people are people I know well, 0:18:59.280 --> 0:19:03.439 and I've talked often about the awesome power that you 0:19:03.560 --> 0:19:06.879 guys collectively manifested, all of whom had been through the 0:19:06.920 --> 0:19:09.760 same experience at the hands of the same people, and 0:19:09.880 --> 0:19:12.800 setting up basically a law firm inside the laws of 0:19:12.840 --> 0:19:16.639 the prison. You know, call it whatever you want. Shakur, Cruz, Hamilton, 0:19:16.640 --> 0:19:18.919 and Ringcone. I could see it on a letterhead, and 0:19:18.920 --> 0:19:21.440 hopefully someday you guys will actually form a law firm 0:19:21.480 --> 0:19:23.760 on the outside, because I think you guys would be 0:19:24.000 --> 0:19:27.600 incredible together. Derek, when he was on wrongful Conviction, I 0:19:27.640 --> 0:19:29.520 was like, oh my god, this is like interviewing a 0:19:29.600 --> 0:19:32.440 yeah law professor. I mean, this guy is on fire, 0:19:33.040 --> 0:19:33.959 so knowledgeable. 0:19:34.320 --> 0:19:37.280 That is my mentor. By the way, Derek, we call 0:19:37.400 --> 0:19:40.160 him mom Google Legal. Give him a fact and he'll 0:19:40.160 --> 0:19:40.879 give you a case. 0:19:41.280 --> 0:19:43.920 And Nelson, you should know it's Derek, but it's not 0:19:44.160 --> 0:19:47.320 just Derek. I mean all of us are just super 0:19:47.320 --> 0:19:50.320 committed to seeing you get home and get on with 0:19:50.359 --> 0:19:51.000 your life. 0:19:51.160 --> 0:19:55.000 So Nelson litigated his case, he filed an emotion of vacant, 0:19:55.080 --> 0:19:59.400 he filed an appeal and got shot down at every 0:19:59.480 --> 0:20:02.600 turn over the past twenty years. And so the hearing 0:20:02.640 --> 0:20:06.399 that we were finally granted in twenty nineteen, and the 0:20:06.480 --> 0:20:10.040 evidence that we presented was it was quite astounding. I mean, obviously, 0:20:10.080 --> 0:20:12.639 we called Officer Paietti and again who said that he 0:20:12.720 --> 0:20:15.280 did not see Nelson Cruz at the scene before, after, 0:20:15.400 --> 0:20:18.280 or during the crime. We called William Harden who was 0:20:18.359 --> 0:20:22.359 across the street watched the ponytailed man kill his friend. 0:20:22.400 --> 0:20:25.440 He knew Trevor Vieira and did not see Nelson Cruz there. 0:20:25.480 --> 0:20:27.600 He saw the police pull up at the scene. And 0:20:27.640 --> 0:20:29.960 then we called William Johnson, who was the other man 0:20:30.000 --> 0:20:32.520 that was arrested at the scene, and he testified that 0:20:32.560 --> 0:20:34.679 he knew Nelson Cruz and he did not see Nelson 0:20:34.720 --> 0:20:37.680 Cruz at the scene. I mean, those are three eye witnesses. 0:20:38.040 --> 0:20:41.560 We called two alibi witnesses, Ralph Johnson, and the only 0:20:41.680 --> 0:20:44.480 questions that the DA had for Ralph Johnson was did 0:20:44.480 --> 0:20:47.080 he eat his Chinese food or not that night. That's 0:20:47.119 --> 0:20:50.760 how solid Ralph Johnson was on the witness stand. Another 0:20:50.840 --> 0:20:54.840