WEBVTT - #535 Ben Bowlin with Reynaldo Munoz

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<v Speaker 1>On September eighth, nineteen eighty five, in Humble Park, Chicago,

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<v Speaker 1>sixteen year old Bernaldo Munoz got into a fight outside

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<v Speaker 1>a party round three am, and two of his friends,

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<v Speaker 1>Ivan Mina and Bobby Garcia broke it up. About an

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<v Speaker 1>hour later, Mena and Garcia were being rushed to the

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<v Speaker 1>hospital with gunshot wounds, but only Garcia survived. Unfortunately, he

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<v Speaker 1>could not describe the shooter. However, three weeks later, Disgrace

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<v Speaker 1>Chicago detectives showed Bobby Garcia one photo from which he

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<v Speaker 1>confidently identified someone whom he should have been able to

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<v Speaker 1>describe the night of the shooting. This is wrongful Conviction.

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<v Speaker 1>Welcome back to wrongfol Conviction, where we have another story

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<v Speaker 1>about known corrupt detectives. We're talking about Rinaldo Gavara and

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<v Speaker 1>Ernest Halverson at a time when Halverson had another partner

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<v Speaker 1>and Gavara was still just an officer with the gang

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<v Speaker 1>Crimes Unit. However, their corrupt patterns and practices were already

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<v Speaker 1>present at this time. Today we are with another one

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<v Speaker 1>of their survivors, Rinaldo Munos Ray. Thanks for joining us today.

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<v Speaker 1>You're welcome, and to help tell this story, we have

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<v Speaker 1>a returning champion of these survivors, Jennifer Bonjean, welcome back.

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<v Speaker 2>Thanks for having me so, Ray.

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<v Speaker 1>Let's start with your life before all of this happened.

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<v Speaker 2>Well.

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<v Speaker 3>I was born in Chicago. I have two older sisters

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<v Speaker 3>and an older brother. I'm the youngest. My siblings were

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<v Speaker 3>born in Puerto Rico. I was born in Chicago. I

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<v Speaker 3>grew up basically middle My mom and dad worked very hard,

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<v Speaker 3>sometimes two jobs to provide for us. My siblings were

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<v Speaker 3>straight A students. My brother has his own business. My

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<v Speaker 3>older sister she's a GC you know. My younger sister

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<v Speaker 3>has a certified CPA. She runs her tax business. Even myself,

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<v Speaker 3>I just strayed the wrong direction. I grew up in

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<v Speaker 3>a humble park environment. Most of the neighborhoods there was

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<v Speaker 3>gang infestation, and my mom and dad they tried to

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<v Speaker 3>deter from that, so we had to move from neighborhood

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<v Speaker 3>to neighborhood to try to find somewhere better to live.

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<v Speaker 3>But everywhere you go in a humble park there's gangs,

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<v Speaker 3>so you had to deal with it. And sometimes guys

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<v Speaker 3>would pick on you and try to tell you what

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<v Speaker 3>you'd be or this or that, and then if you're

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<v Speaker 3>not on nothing. They didn't want to believe that. Sometimes

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<v Speaker 3>you would get jumped. Sometimes your life was in danger

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<v Speaker 3>because if you lived in one area and you were

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<v Speaker 3>not hooked up, then somebody else that lived in another

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<v Speaker 3>area they was hooked up. There was the opposition would say, oh,

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<v Speaker 3>this guy, he lives in neighborhood, he's a this or that.

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<v Speaker 2>If you lived on this block and it was a

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<v Speaker 2>Latin King block, you were a Latin King.

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<v Speaker 3>Whether you were in it or whether you were not

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<v Speaker 3>in it, they didn't care. So it's like the innocent

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<v Speaker 3>always ended up paying the price. So when we moved

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<v Speaker 3>to where I got hooked up at, I got jumped

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<v Speaker 3>a couple of times over there, I got chased. So

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<v Speaker 3>then I started hanging out with the guys in the neighborhood,

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<v Speaker 3>and then you know, I became hooked up with the

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<v Speaker 3>gang that I was with, you know.

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<v Speaker 1>And that gang was called the Insane Unknowns. Unfortunately, as

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<v Speaker 1>we have seen through our coverage of other cases out

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<v Speaker 1>of Humboldt Park in particular, the Chicago police saw gang

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<v Speaker 1>affiliation very much the same way as the gangs did, so,

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<v Speaker 1>regardless of anyone's actual involvement, if there was any involvement

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<v Speaker 1>at all, anybody and everyone could be lumped into the

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<v Speaker 1>gang that was active in their neighborhood. And at the

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<v Speaker 1>time of the investigation of this crime was penned on Ray,

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<v Speaker 1>there were already a number of incidents that police thought

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<v Speaker 1>were also associated with this gang. The Insane Unknowns.

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<v Speaker 2>Yeah, they threw them in like three lineups. That's part

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<v Speaker 2>of the big problem is that even people who avoided

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<v Speaker 2>gang membership, if the police are already going to assume

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<v Speaker 2>you are in a gang by virtue of what block

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<v Speaker 2>you live on, These young Hispanic kids from Humble Park

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<v Speaker 2>and these outlying areas were fungible. They were interchangeable, and

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<v Speaker 2>that has to be incredibly demoralizing when you're already working

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<v Speaker 2>so hard to take a path that your parents want

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<v Speaker 2>you to in some cases, or that you know is

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<v Speaker 2>good for you, and you're getting it from all ends,

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<v Speaker 2>from the gang members in the community that are, like,

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<v Speaker 2>you know, either harassing you or just sometimes it was

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<v Speaker 2>about wanting to have friends, you know, because there was

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<v Speaker 2>so much gang activity that having friends sometimes meant associating

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<v Speaker 2>with gang members, and the police are going to assume

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<v Speaker 2>you are anyway.

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<v Speaker 1>So this is the context in which this investigation transpired

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<v Speaker 1>in the aftermath of a shooting that occurred around four

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<v Speaker 1>fifteen am on September eighth, nineteen eighty five. But let's

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<v Speaker 1>rewind to a few hours before, on the evening of

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<v Speaker 1>September seventh.

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<v Speaker 3>Well, I was invited to this party. It was in

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<v Speaker 3>the neighborhood. It was the older gentleman. His wife was

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<v Speaker 3>throwing the party for him, and I was invited to

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<v Speaker 3>one of my friend's mother. So it was not again

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<v Speaker 3>related party. It was a family party. And my wife

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<v Speaker 3>today Wanda, she lived in the neighborhood, so she was

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<v Speaker 3>going to be at the party, so I was trying

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<v Speaker 3>to hook up with her. So I get to the party.

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<v Speaker 3>You know, they have live music, drinks and stuff and food.

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<v Speaker 3>I had a couple of beers and then one of

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<v Speaker 3>the guys that was in the band started pass out drinks,

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<v Speaker 3>so he had like a trade and I went to

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<v Speaker 3>grab a beer and the guy started talking crazy and

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<v Speaker 3>I was like, okay, I'll buy my own beer. The

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<v Speaker 3>guy started talking shit, oh, I beat your ass and

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<v Speaker 3>all this and that. I'm like, listen, you're not gonna

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<v Speaker 3>do nothing, go about your business and leave me the

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<v Speaker 3>fuck alone. And I just brusted off. He kept running

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<v Speaker 3>his mouth, so I told my guy, I said, man,

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<v Speaker 3>let's go outside. I don't want to be arguing and

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<v Speaker 3>disrespecting these people's house. So we went to the front.

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<v Speaker 3>I'm sitting down on the hood of a car. I

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<v Speaker 3>need my business talking to my guy, and the guy

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<v Speaker 3>comes around the back of the alley trying to snake me.

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<v Speaker 3>So my guy's like, hey, watch out, so I jump

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<v Speaker 3>off the car. He comes at me. So I hit

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<v Speaker 3>the guy a couple of times and I come on

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<v Speaker 3>the ground. He gets back up. He's very drunk, so

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<v Speaker 3>he comes at me again and tries to wrestle me.

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<v Speaker 3>I hit him a couple of times with an uppercut

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<v Speaker 3>and he falls again. I put my knee on his

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<v Speaker 3>chest and I say, listen, man, you're drunk. I said,

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<v Speaker 3>take it easy, bro.

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<v Speaker 1>And this fight happened around three am, over an hour

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<v Speaker 1>before the shooting. The only reason that this altercation is

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<v Speaker 1>relevant is this the two eventual shooting victims in this case,

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<v Speaker 1>I haven't made it, I Bobby Guria. They helped break

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<v Speaker 1>the fight up.

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<v Speaker 3>So the two victims break me and the guy up,

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<v Speaker 3>so they're like, are you okay? This and that I'm like, yeah,

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<v Speaker 3>I'm good man, do this not He's the one that's

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<v Speaker 3>all drunk and started talking shit. I didn't even want

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<v Speaker 3>to start no trouble with. They're like, oh whatever. So

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<v Speaker 3>then the guy somebody else gives him a ride, so

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<v Speaker 3>as he's leaving, he's like, I'll be back, motherfucker. So

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<v Speaker 3>then he leaves. So we're there talking and then go

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<v Speaker 3>around the neighborhood trying to find some weed. Nobody was out,

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<v Speaker 3>so then my guy's like, hey, I'm tired, I'm gonna

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<v Speaker 3>go home. I'm like all right. Then I proceeded to

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<v Speaker 3>walk to my house, which maybe about five minutes give

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<v Speaker 3>her take. So when I get to my house and

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<v Speaker 3>I'm like, hey, mom, i'm home, she starts telling me, Oh,

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<v Speaker 3>why you getting home so late? Oh, you smell like liquor.

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<v Speaker 3>I'm like, yeah, I had some beer and stuff, and

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<v Speaker 3>I went to my room and I went to sleep.

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<v Speaker 1>And this is the same account that Rey has maintained

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<v Speaker 1>since nineteen eighty five that he was hold by three

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<v Speaker 1>thirty a up and then around four twenty am on

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<v Speaker 1>West Potomac Avenue, around the corner from the party, Bobby

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<v Speaker 1>Garcia was shot in the leg and Ivan Mana was

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<v Speaker 1>fatally shot.

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<v Speaker 2>The way the evidence came in is that they go

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<v Speaker 2>to the car get some cigarettes and it does seem

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<v Speaker 2>that they were going to come back to the party

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<v Speaker 2>and on their way back, somebody is in the gangway

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<v Speaker 2>and Claire ambush, Ivan Mana is shot, Bobby Garcia is shot.

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<v Speaker 2>Nine one one is called kind of almost immediately, and

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<v Speaker 2>within minutes of the shooting, there's a nine to one

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<v Speaker 2>one call from a woman who talks about seeing these

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<v Speaker 2>guys running to a silver Cadillac that might have been responsible.

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<v Speaker 2>She describes them, she gets like a plate number, and

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<v Speaker 2>the question of whether that is just a coincidence is Unfortunately,

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<v Speaker 2>when detectives don't do good investigations, it's hard to really

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<v Speaker 2>know one way or the other. But that car was

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<v Speaker 2>pulled over, they were detained for a period of time,

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<v Speaker 2>and the reports suggest that they were brought to the

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<v Speaker 2>hospital to be viewed by Bobby Garcia and that he

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<v Speaker 2>didn't identify them. However, we'd opposed one or two of

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<v Speaker 2>the guys that were in that car and they said

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<v Speaker 2>that they were never brought to Bobby Garcia or viewed

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<v Speaker 2>by Bobby Garcia.

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<v Speaker 1>However, the reports that Jennifer just mentioned were not made

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<v Speaker 1>by the initial detectives on scene, Johnson and Jaglowski.

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<v Speaker 2>And one thing I've noticed about these Area five cases

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<v Speaker 2>is that sometimes the detectives that went out to the scene,

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<v Speaker 2>the initial field investigations, they seem to be the guys

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<v Speaker 2>that were not necessarily going to do the dirty work

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<v Speaker 2>that someone like Gavarro would do. So I have always

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<v Speaker 2>found that those initial reports, to the extent they are

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<v Speaker 2>reliable at all, they're the most reliable because those are

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<v Speaker 2>the guys that aren't going to come in and close

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<v Speaker 2>the case just on any kid. In any event, Bobby

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<v Speaker 2>Garcia told the first responding detectives he could not see

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<v Speaker 2>anything and could not provide a description, couldn't even say ethnicity, nothing.

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<v Speaker 2>All the objective evidence that we have about the circumstances

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<v Speaker 2>of the shooting would not lead anyone to think that

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<v Speaker 2>Bobby Garcia, who is going to be focused of course

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<v Speaker 2>on his friend he's getting injured, that being able to

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<v Speaker 2>see the offender would have been very difficult. The offender

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<v Speaker 2>is like in some gangway shooting in the dark.

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<v Speaker 1>The term gangway refers to the narrow walkways between houses

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<v Speaker 1>and the shooter's obscured vantage point is supported by the

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<v Speaker 1>bullets having traveled from right to left, and it appears

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<v Speaker 1>that after questioning folks who had been at the party,

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<v Speaker 1>the police had heard about this fight between the guy

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<v Speaker 1>from the band and Ray, whose nickname was Scoopy. They

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<v Speaker 1>had also heard that Ivan and Bobby had broken this

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<v Speaker 1>fight up.

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<v Speaker 2>Listen, that's a reasonable lead to explore. You know, you

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<v Speaker 2>hear about a fight at the party, maybe that could

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<v Speaker 2>potentially be a motive. Let's go check it out.

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<v Speaker 3>The following day, some police come and pick me up

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<v Speaker 3>and start questioning about the party. So I'm like, yeah,

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<v Speaker 3>I went to the party. I told him I had

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<v Speaker 3>to fight. Yeah, I don't have I didn't have anything

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<v Speaker 3>to hide.

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<v Speaker 2>And Ray's like, yeah, Bobby and Ivan split us up.

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<v Speaker 2>I don't have any beef with Bobby or Ivan. Like

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<v Speaker 2>the fight was with someone totally different. So they bring

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<v Speaker 2>him back home.

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<v Speaker 1>So it seems that Ray's story checked out for Johnson

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<v Speaker 1>and Jawlowski, But then Ernest Halverson and his partner at

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<v Speaker 1>the time, Edwin Dickinson, took over along with at that

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<v Speaker 1>time Gain Crimes Unit officer Rinaldo Gulvara, and what.

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<v Speaker 2>I suspect, in keeping with their pattern is that they

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<v Speaker 2>look at the reports and instead of just sort of

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<v Speaker 2>starting from scratch, they're just like, ah, who seems like

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<v Speaker 2>you know someone we can put this on that's already

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<v Speaker 2>in the reports. And they figure out that there's this

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<v Speaker 2>fight between one of the guys in the band and

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<v Speaker 2>Scooby and Ray. Shortly before he is arrested, he's walking

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<v Speaker 2>down the street and Govera picks him up and doesn't

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<v Speaker 2>realize he is Scooby. He throws him in the back

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<v Speaker 2>seat of his car and says, listen, I'm looking for

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<v Speaker 2>a guy named Snake Scooby. Uh g man. He doesn't

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<v Speaker 2>realize he has Scooby. Gavera knows all the gang members

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<v Speaker 2>right in these neighborhoods. The fact that he doesn't know

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<v Speaker 2>Ray tells you that Ray is not someone who is

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<v Speaker 2>very active. And Ray obviously does not say, oh, hey,

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<v Speaker 2>I'm Scooby.

0:12:30.280 --> 0:12:34.520
<v Speaker 3>So Gavera proceeded to ask me about myself and two

0:12:34.600 --> 0:12:37.120
<v Speaker 3>other guys, and I told him I didn't know those guys.

0:12:37.520 --> 0:12:39.000
<v Speaker 3>I didn't know who you were talking about.

0:12:39.200 --> 0:12:41.760
<v Speaker 2>And Gavara is like, oh really like socks him in

0:12:41.800 --> 0:12:43.520
<v Speaker 2>the face in the back seat of his car.

0:12:43.760 --> 0:12:45.600
<v Speaker 3>He gave me. You know, he slagged me and my mom.

0:12:45.679 --> 0:12:47.160
<v Speaker 3>I see, He's like, you're gonna tell me what I

0:12:47.200 --> 0:12:48.520
<v Speaker 3>want to know or what else?

0:12:48.880 --> 0:12:51.640
<v Speaker 2>They take him to Rival gang Territory.

0:12:51.880 --> 0:12:53.640
<v Speaker 3>He took me out. There was a bunch of Imperial

0:12:53.640 --> 0:12:56.400
<v Speaker 3>gangsters out there. Then he uncuffed one of my hands.

0:12:56.559 --> 0:12:59.000
<v Speaker 3>He had the other cuff and he's like, tell me

0:12:59.040 --> 0:13:00.400
<v Speaker 3>what I want to know. I'm going to feed you

0:13:00.440 --> 0:13:02.600
<v Speaker 3>to the dogs. I said, man, I don't know anything.

0:13:02.720 --> 0:13:04.520
<v Speaker 3>A couple of the guys that were there, they started

0:13:04.559 --> 0:13:07.000
<v Speaker 3>spitting on me and some of them got sucker punches

0:13:07.040 --> 0:13:09.480
<v Speaker 3>behind my head. All I was worried about if he

0:13:09.559 --> 0:13:11.480
<v Speaker 3>did let me go, which way was I going to

0:13:11.600 --> 0:13:14.600
<v Speaker 3>run to try to get away? And they're like, you know,

0:13:14.679 --> 0:13:16.200
<v Speaker 3>you think I'm playing with you. I'm like, man, I

0:13:16.240 --> 0:13:17.960
<v Speaker 3>told you I don't know any of those guys. So

0:13:18.040 --> 0:13:21.320
<v Speaker 3>then I called his bluff. He put the cuff back

0:13:21.360 --> 0:13:23.720
<v Speaker 3>on me, put me back in the car, took me

0:13:23.760 --> 0:13:25.560
<v Speaker 3>back to where he picked me up, and told me

0:13:25.920 --> 0:13:41.520
<v Speaker 3>tell Scooby Snake and gee Man, I'm looking for them.

0:13:41.559 --> 0:13:44.400
<v Speaker 4>You're listening to Wrongful Conviction. You can listen to this

0:13:44.520 --> 0:13:47.160
<v Speaker 4>and all the lava for Good Podcasts one week early

0:13:47.280 --> 0:13:50.600
<v Speaker 4>and ed free by subscribing to Lava for Good Plus

0:13:50.880 --> 0:13:52.040
<v Speaker 4>on Apple Podcasts.

0:13:58.040 --> 0:14:01.400
<v Speaker 1>Somewhere between hanging Ray out of the car on September

0:14:01.440 --> 0:14:05.920
<v Speaker 1>tenth and raise later arrest on September twenty sixth, Gavarro

0:14:06.120 --> 0:14:09.320
<v Speaker 1>found out that he had had Scooby in his car

0:14:09.400 --> 0:14:14.640
<v Speaker 1>and unwittingly let him go. Meanwhile, viable leads were still

0:14:14.640 --> 0:14:15.200
<v Speaker 1>coming in.

0:14:15.800 --> 0:14:19.240
<v Speaker 2>About three weeks after the shooting, There's a nine to

0:14:19.240 --> 0:14:21.640
<v Speaker 2>one to one call that comes in another one and

0:14:21.840 --> 0:14:26.160
<v Speaker 2>someone says, there are these guys hanging out in the neighborhood.

0:14:26.240 --> 0:14:28.280
<v Speaker 2>The guy that did the shooting is hanging out on

0:14:28.320 --> 0:14:32.640
<v Speaker 2>this block. Gives a description, nicknames, and the police show up,

0:14:32.880 --> 0:14:36.320
<v Speaker 2>find the guys, bring them to the twenty fifth district,

0:14:36.320 --> 0:14:39.240
<v Speaker 2>which is that area five. So they called Barby Garcia

0:14:39.360 --> 0:14:40.720
<v Speaker 2>and they say, we want you to come down to

0:14:40.760 --> 0:14:44.560
<v Speaker 2>Area five and look at a lineup. According to Helverson,

0:14:44.720 --> 0:14:47.440
<v Speaker 2>Bobby Garcia says, no, I don't need to come look

0:14:47.440 --> 0:14:52.280
<v Speaker 2>at a lineup. Actually, it's Ray Munos that did this.

0:14:52.440 --> 0:14:54.200
<v Speaker 2>I know I didn't tell you that before, but I

0:14:54.280 --> 0:14:57.200
<v Speaker 2>was scared for some reason which we don't know why.

0:14:57.360 --> 0:15:00.400
<v Speaker 2>Never explains it What's crazy about that is what was

0:15:00.440 --> 0:15:02.600
<v Speaker 2>he just waiting for the police to randomly call him

0:15:02.600 --> 0:15:05.120
<v Speaker 2>one day to tell what he knew that who killed

0:15:05.160 --> 0:15:08.480
<v Speaker 2>his friend? It made it made no sense. But Halverson

0:15:08.640 --> 0:15:15.160
<v Speaker 2>chose a polaroid of Ray Munos and Bobby Garcia says, yeah,

0:15:15.240 --> 0:15:16.440
<v Speaker 2>I know who Scooby is.

0:15:16.920 --> 0:15:21.080
<v Speaker 1>So Ray was arrested for murder and attempted murder at

0:15:21.080 --> 0:15:22.160
<v Speaker 1>the age of sixteen.

0:15:22.720 --> 0:15:25.800
<v Speaker 2>H I think about these parents a lot. They were

0:15:25.800 --> 0:15:29.880
<v Speaker 2>not English speakers. Can you imagine trying to navigate a system.

0:15:30.080 --> 0:15:32.840
<v Speaker 2>They would go down to the police station, They're told

0:15:32.920 --> 0:15:35.560
<v Speaker 2>their son isn't there. They're sent to another police station.

0:15:35.640 --> 0:15:36.840
<v Speaker 2>They're given the run around.

0:15:37.760 --> 0:15:42.000
<v Speaker 1>He is a child, and their child was being moved around.

0:15:42.240 --> 0:15:46.160
<v Speaker 1>After all, he was from the insane Unknown's territory, so

0:15:46.200 --> 0:15:48.480
<v Speaker 1>he was sent over to the gang crimes unit.

0:15:48.720 --> 0:15:52.880
<v Speaker 3>When I was tranferred to Beaumont and Western, Gavera was there.

0:15:53.240 --> 0:15:57.240
<v Speaker 3>He said schoolviyeh. So they're already put this murder. I

0:15:57.240 --> 0:15:59.200
<v Speaker 3>mean when they try for me to Baumont and Western,

0:15:59.440 --> 0:16:01.720
<v Speaker 3>they put me in another lineup for another murder and

0:16:01.720 --> 0:16:04.520
<v Speaker 3>three up tent murders. It was an unknowns that did

0:16:04.560 --> 0:16:06.960
<v Speaker 3>that murders and those three attent murders, so they were

0:16:06.960 --> 0:16:09.720
<v Speaker 3>trying to say, he's all known, let's put this other

0:16:09.800 --> 0:16:11.040
<v Speaker 3>murder on him too, fuck him.

0:16:11.400 --> 0:16:14.360
<v Speaker 1>But he was only identified for the one incident by

0:16:14.400 --> 0:16:17.720
<v Speaker 1>Bobby Garcia. All of which begs the question, how does

0:16:17.800 --> 0:16:21.040
<v Speaker 1>Bobby flip from not being able to describe a shooter

0:16:21.280 --> 0:16:25.720
<v Speaker 1>to yes, it's definitely this sixteen year old Ray Munos,

0:16:25.760 --> 0:16:27.320
<v Speaker 1>who we knew from the neighborhood.

0:16:27.560 --> 0:16:27.840
<v Speaker 3>Yeah.

0:16:27.920 --> 0:16:31.320
<v Speaker 2>I mean Bobby Garcia is deceased, so you know, we're

0:16:31.320 --> 0:16:35.000
<v Speaker 2>piecing this together a little bit. But Garcia knew who

0:16:35.080 --> 0:16:37.680
<v Speaker 2>Ray Munos was, a sixteen year old kid. It was

0:16:37.800 --> 0:16:41.160
<v Speaker 2>never credible that Bobby Garcia was afraid to tell anybody.

0:16:41.240 --> 0:16:45.400
<v Speaker 2>It made no sense. It's our belief that, consistent with

0:16:45.480 --> 0:16:49.560
<v Speaker 2>the long pattern and practice of these detectives, that they

0:16:50.120 --> 0:16:54.560
<v Speaker 2>probably told Garcia. Listen, we know who did it. The

0:16:54.600 --> 0:16:58.360
<v Speaker 2>streets are talking. We know it was Scooby. I've been

0:16:58.360 --> 0:17:00.600
<v Speaker 2>doing these cases a really long time, and what I

0:17:00.720 --> 0:17:03.600
<v Speaker 2>have found over and over again that people, when they

0:17:03.640 --> 0:17:06.280
<v Speaker 2>see their friends shot down dead in front of them,

0:17:06.520 --> 0:17:09.800
<v Speaker 2>they want to believe the police. They want to know

0:17:10.160 --> 0:17:13.879
<v Speaker 2>that the perpetrator has been caught. And sometimes they're willing

0:17:13.920 --> 0:17:16.120
<v Speaker 2>to go along with what the police are telling them,

0:17:16.160 --> 0:17:18.800
<v Speaker 2>even though they never saw anything. I would also point

0:17:18.800 --> 0:17:22.280
<v Speaker 2>out that there is some suggestion that Bobby Garcia was

0:17:22.320 --> 0:17:24.720
<v Speaker 2>in a gang, and there's a certain level of coercion

0:17:24.880 --> 0:17:27.600
<v Speaker 2>and fear that you don't go along and help me

0:17:27.640 --> 0:17:32.439
<v Speaker 2>out with closing this case. Your next buddy. He ultimately

0:17:33.000 --> 0:17:36.719
<v Speaker 2>identifies Ray Munos. But Ray made bond. I mean, his

0:17:36.840 --> 0:17:40.280
<v Speaker 2>family pulled together every bit of money they could from

0:17:40.280 --> 0:17:42.879
<v Speaker 2>other family members. Again, this was a family that was

0:17:42.960 --> 0:17:47.000
<v Speaker 2>truly committed, believed in his innocence, and knew he was innocent.

0:17:47.400 --> 0:17:50.600
<v Speaker 1>So Ray was out on bond from late September nineteen

0:17:50.640 --> 0:17:54.159
<v Speaker 1>eighty five until his trial that following November.

0:17:54.359 --> 0:17:57.239
<v Speaker 3>I had two States attorney on my case, and they

0:17:57.280 --> 0:17:59.280
<v Speaker 3>were so keen to get rid of me that they

0:17:59.440 --> 0:18:03.080
<v Speaker 3>did my t on Thanksgiving Day, November twenty fifth of

0:18:03.119 --> 0:18:05.880
<v Speaker 3>nineteen eighty six and found me guilty within two hours.

0:18:06.280 --> 0:18:08.879
<v Speaker 3>Bobby had tried testified against me and said that they

0:18:08.880 --> 0:18:11.679
<v Speaker 3>had went to Ivan's car and as they were coming

0:18:11.720 --> 0:18:14.320
<v Speaker 3>back from retrieving the cigarettes, and as they were going

0:18:14.400 --> 0:18:18.080
<v Speaker 3>back towards the party towards se Keiler on Potomac, he

0:18:18.160 --> 0:18:20.600
<v Speaker 3>said I was crunched down and he pointed me out.

0:18:20.720 --> 0:18:22.240
<v Speaker 3>He says that I came out in front of him

0:18:22.280 --> 0:18:24.440
<v Speaker 3>ten to fifteen feet and I raised my hand and

0:18:24.480 --> 0:18:27.560
<v Speaker 3>I began to shoot. But mind you, the evidence show

0:18:27.680 --> 0:18:30.840
<v Speaker 3>that whoever shot him shot him from the gangway, you know,

0:18:30.920 --> 0:18:32.200
<v Speaker 3>So things don't make sense.

0:18:32.600 --> 0:18:35.439
<v Speaker 1>Bobby and Ivan were shot from right to left, not

0:18:35.560 --> 0:18:38.639
<v Speaker 1>from the front, which was pointed out on cross as

0:18:38.880 --> 0:18:41.960
<v Speaker 1>was his initial statement where he said he could not

0:18:42.080 --> 0:18:45.960
<v Speaker 1>initially describe the shooter. He responded that he feared retaliation

0:18:46.240 --> 0:18:50.919
<v Speaker 1>from the insane unknowns. Then Ivan's mother testified about hearing

0:18:50.960 --> 0:18:54.600
<v Speaker 1>the gunshots around four fifteen am, calling nine to one

0:18:54.760 --> 0:18:59.000
<v Speaker 1>one and finding Ivan fatally shot in the street. But

0:18:59.200 --> 0:19:02.760
<v Speaker 1>then Ray and his parents took the stand to testify

0:19:02.880 --> 0:19:03.720
<v Speaker 1>to his alibi.

0:19:04.080 --> 0:19:06.680
<v Speaker 2>Obviously, when you have your parents backing you up, it's

0:19:06.720 --> 0:19:10.720
<v Speaker 2>not always the strongest alibi because jury's will assume that

0:19:10.880 --> 0:19:14.280
<v Speaker 2>your parents will lie for you. But he's been very

0:19:14.280 --> 0:19:16.400
<v Speaker 2>consistent about what time he got home that night.

0:19:16.640 --> 0:19:20.520
<v Speaker 3>I left the party at three twenty, give her a take,

0:19:21.080 --> 0:19:25.080
<v Speaker 3>and they got shot at four something, so mind you,

0:19:25.160 --> 0:19:26.600
<v Speaker 3>I was already at home sleeping.

0:19:27.119 --> 0:19:32.280
<v Speaker 2>There was a rebuttal witness who testified under very suspicious circumstances.

0:19:32.280 --> 0:19:35.800
<v Speaker 2>She had never said anything about having seen anything, never

0:19:35.840 --> 0:19:37.400
<v Speaker 2>implicated Scooby or Ray.

0:19:37.680 --> 0:19:39.959
<v Speaker 3>Five was that she said she seen me and two

0:19:40.040 --> 0:19:42.200
<v Speaker 3>of my guys coming out of the alley towards where

0:19:42.240 --> 0:19:43.120
<v Speaker 3>the party was.

0:19:43.280 --> 0:19:45.680
<v Speaker 1>But no one else at the party saw Ray after

0:19:45.920 --> 0:19:49.760
<v Speaker 1>three twenty am let alone after the shooting, or with

0:19:49.840 --> 0:19:50.960
<v Speaker 1>two other guys.

0:19:50.840 --> 0:19:54.880
<v Speaker 2>And again not really anything else, really no real corroboration

0:19:55.040 --> 0:19:57.920
<v Speaker 2>to this. But we are talking about the mid eighties.

0:19:58.760 --> 0:20:01.680
<v Speaker 2>Gangs have a strangle on the communities. There's a lot

0:20:01.720 --> 0:20:06.119
<v Speaker 2>of gang fear. You have prosecutors tapping into that gang fear.

0:20:06.440 --> 0:20:08.640
<v Speaker 3>They made me look like a real monster. They told

0:20:08.720 --> 0:20:11.280
<v Speaker 3>the jury that I was a gang member and this

0:20:11.440 --> 0:20:14.840
<v Speaker 3>vicious killer. That I didn't want anybody taking my phone,

0:20:15.040 --> 0:20:17.280
<v Speaker 3>and that the two victims took my fun when they

0:20:17.320 --> 0:20:19.879
<v Speaker 3>separated me from this fight, and that that made me

0:20:20.240 --> 0:20:23.320
<v Speaker 3>angry and stuff like that, so that that was the

0:20:23.400 --> 0:20:26.320
<v Speaker 3>motive for me to shoot these guys, and the jury

0:20:26.480 --> 0:20:28.160
<v Speaker 3>just ate it up and believed it.

0:20:28.320 --> 0:20:31.359
<v Speaker 2>He is convicted. He sentenced to a total of sixty

0:20:31.440 --> 0:20:33.800
<v Speaker 2>years for the murder and the attamp murder.

0:20:34.359 --> 0:20:38.920
<v Speaker 3>It was unbelievable. You know, my parents were screaming my siblings.

0:20:39.680 --> 0:20:42.280
<v Speaker 3>When I got found guilty and I went to the penecentary,

0:20:42.440 --> 0:20:48.359
<v Speaker 3>my wife was three months pregnant. It was it's real

0:20:48.440 --> 0:20:53.159
<v Speaker 3>hectic getting found guilty for something you didn't do. It

0:20:53.280 --> 0:21:13.160
<v Speaker 3>was like the world came down the judge. I had

0:21:13.280 --> 0:21:16.560
<v Speaker 3>a real jack off judge. He gave me a consecutive sentence,

0:21:17.160 --> 0:21:20.040
<v Speaker 3>meaning that he wanted me to do forty years for

0:21:20.119 --> 0:21:23.399
<v Speaker 3>the murder and twenty years for the attempted murder, so

0:21:23.440 --> 0:21:26.800
<v Speaker 3>i'd had to do half of both sentences. So I

0:21:26.840 --> 0:21:29.840
<v Speaker 3>did a total of thirty years. I ended up going

0:21:29.880 --> 0:21:33.760
<v Speaker 3>to Joliet. I stayed there for ten years because you

0:21:33.800 --> 0:21:36.000
<v Speaker 3>had to do ten years behind the wall until you

0:21:36.040 --> 0:21:41.120
<v Speaker 3>got transferred to a medium, which was Danville. And then

0:21:41.160 --> 0:21:43.920
<v Speaker 3>I got tranferred to Ileinois River. It was closer for

0:21:44.040 --> 0:21:46.199
<v Speaker 3>my parents to go visit me and stuff and my

0:21:46.280 --> 0:21:49.800
<v Speaker 3>wife and I did a couple of years there, and

0:21:49.880 --> 0:21:55.160
<v Speaker 3>then I got tranferred to Dixon Correctional and I did

0:21:55.200 --> 0:21:57.520
<v Speaker 3>most of my time in Dixon. The anything that I

0:21:57.560 --> 0:22:00.439
<v Speaker 3>did while I was there, I educated myself, you know,

0:22:00.480 --> 0:22:05.080
<v Speaker 3>and I kept busy. Educate yourself, learn about yourself, stay

0:22:05.119 --> 0:22:08.240
<v Speaker 3>focused and try to get out and survive out of

0:22:08.280 --> 0:22:11.240
<v Speaker 3>that unknown world, because that's a whole different world in there,

0:22:11.880 --> 0:22:13.840
<v Speaker 3>and some of us don't make it out of life.

0:22:14.400 --> 0:22:17.440
<v Speaker 3>It's unfortunate for some of the guys that are innocent

0:22:17.600 --> 0:22:20.200
<v Speaker 3>had to die in there and not proving their innocence.

0:22:21.600 --> 0:22:25.240
<v Speaker 1>Raised direct appeals in the late eighties and throughout the nineties,

0:22:25.320 --> 0:22:28.640
<v Speaker 1>as well as his first post conviction petition in two

0:22:28.720 --> 0:22:31.600
<v Speaker 1>thousand and one. These were all denied, so we focused

0:22:31.640 --> 0:22:34.280
<v Speaker 1>on obtaining some kind of new evidence.

0:22:34.640 --> 0:22:39.280
<v Speaker 3>Throughout my incarceration, I was always trying to find information

0:22:39.359 --> 0:22:42.680
<v Speaker 3>about my case and documents because I knew that there

0:22:42.760 --> 0:22:45.119
<v Speaker 3>was more out there about my case that I didn't

0:22:45.160 --> 0:22:48.320
<v Speaker 3>see other than when my lawyer showed me. I knew

0:22:48.359 --> 0:22:51.000
<v Speaker 3>that I wasn't guilty of this crime, so I said,

0:22:51.119 --> 0:22:52.639
<v Speaker 3>there has to be something else.

0:22:52.960 --> 0:22:56.400
<v Speaker 2>It starts doing for your requests, and eventually, in two

0:22:56.440 --> 0:22:58.840
<v Speaker 2>thousand and five, he starts getting some hadweight with that.

0:22:59.240 --> 0:23:02.320
<v Speaker 2>He's getting four responses. He's getting some police reports, but

0:23:02.359 --> 0:23:06.280
<v Speaker 2>they're heavily redacted. Good chunks of it are blacked out.

0:23:06.800 --> 0:23:08.960
<v Speaker 2>He's trying to make sense of it, and he gets

0:23:09.000 --> 0:23:12.000
<v Speaker 2>a report that he's never seen before, and it's a

0:23:12.040 --> 0:23:15.600
<v Speaker 2>report that is prepared by Halverson after he's been charged,

0:23:15.680 --> 0:23:18.679
<v Speaker 2>and the names are all blacked out, but you can

0:23:18.760 --> 0:23:21.480
<v Speaker 2>piece together that it appears as if a witness has

0:23:21.520 --> 0:23:24.680
<v Speaker 2>come in to say, wait a second, I saw the shooting.

0:23:25.320 --> 0:23:28.600
<v Speaker 2>I know who Scooby is because I work in the neighborhood,

0:23:28.640 --> 0:23:30.760
<v Speaker 2>and it's not him. I know that kid, and I

0:23:30.800 --> 0:23:32.960
<v Speaker 2>know the kid that I did see do the shooting.

0:23:33.119 --> 0:23:35.840
<v Speaker 2>So this report gets made. There's an inventory list when

0:23:35.840 --> 0:23:38.880
<v Speaker 2>police reports go into the investigative file. It never made

0:23:38.920 --> 0:23:41.240
<v Speaker 2>its way into that file. It never made its way

0:23:41.280 --> 0:23:44.639
<v Speaker 2>to the criminal justice system, and it is a report

0:23:44.720 --> 0:23:49.000
<v Speaker 2>prepared by Haliverson. Essentially, he and his partner Dickinson were

0:23:49.040 --> 0:23:52.199
<v Speaker 2>responsible for ensuring that that report made its way to

0:23:52.240 --> 0:23:56.040
<v Speaker 2>the criminal justice system. It is classic Brady material, meaning

0:23:56.080 --> 0:23:59.240
<v Speaker 2>it is exculpatory. It is material, and it should have

0:23:59.240 --> 0:24:01.680
<v Speaker 2>been made available to him to use in his defense,

0:24:02.119 --> 0:24:03.680
<v Speaker 2>and instead it was concealed.

0:24:04.040 --> 0:24:06.480
<v Speaker 1>So now Ray was trying to get a hold of

0:24:06.520 --> 0:24:08.080
<v Speaker 1>the unredacted report.

0:24:08.359 --> 0:24:10.800
<v Speaker 3>But again I had a jag off judge, my trial

0:24:10.960 --> 0:24:14.640
<v Speaker 3>judge to him, and I would submit paperwork requesting these

0:24:14.680 --> 0:24:17.520
<v Speaker 3>documents and he would deny them. So I would try

0:24:17.520 --> 0:24:20.280
<v Speaker 3>to go through the Freedom from Information Act. I would

0:24:20.280 --> 0:24:23.560
<v Speaker 3>write to the police station anywhere that I could try

0:24:23.600 --> 0:24:26.560
<v Speaker 3>to get these documents, and every time I would get denied.

0:24:26.760 --> 0:24:30.280
<v Speaker 3>So then I started thinking about trying to hire an investigator,

0:24:30.760 --> 0:24:33.439
<v Speaker 3>and I spoke to my sister Oilier to see if

0:24:33.440 --> 0:24:35.439
<v Speaker 3>you can get an investigator to try to help me

0:24:35.440 --> 0:24:36.520
<v Speaker 3>get these documents.

0:24:36.720 --> 0:24:39.160
<v Speaker 2>And I think in two thousand and seven, this investigator

0:24:39.240 --> 0:24:41.560
<v Speaker 2>ultimately gets unredacted copies.

0:24:42.000 --> 0:24:45.320
<v Speaker 1>So, in addition to the drop leads from the Silver

0:24:45.440 --> 0:24:49.480
<v Speaker 1>Cadillact that were allegedly ruled out by Bobby Garcia, this

0:24:49.680 --> 0:24:54.080
<v Speaker 1>unredacted police report from Halverson tells the story about a

0:24:54.119 --> 0:24:56.840
<v Speaker 1>potential suspect nicknamed Shorty.

0:24:57.480 --> 0:25:01.520
<v Speaker 2>There was this butcher in the neighborhood walking home on

0:25:01.600 --> 0:25:04.280
<v Speaker 2>the night of the shooting and sees Shorty with a

0:25:04.320 --> 0:25:08.320
<v Speaker 2>weapon right before the shots. And he knows this kid, Shorty,

0:25:08.359 --> 0:25:10.280
<v Speaker 2>because he hangs out in front of this store where

0:25:10.280 --> 0:25:13.600
<v Speaker 2>he's a butcher. And we know that he ultimately told

0:25:13.800 --> 0:25:17.320
<v Speaker 2>Halverson about what he saw, and Halverson shit cans it.

0:25:17.680 --> 0:25:21.520
<v Speaker 1>So he files a post conviction motion with this bombshell

0:25:21.680 --> 0:25:25.280
<v Speaker 1>Brady material and it's denied in two thousand and eight,

0:25:25.359 --> 0:25:28.080
<v Speaker 1>but in twenty ten it was remanded for a hearing

0:25:28.119 --> 0:25:31.879
<v Speaker 1>on appeal, and he received some pro bono help around

0:25:31.920 --> 0:25:36.680
<v Speaker 1>twenty fourteen. Unfortunately that ended up not being so helpful.

0:25:37.320 --> 0:25:40.120
<v Speaker 2>I've had a couple of clients, Ray is amongst them

0:25:40.359 --> 0:25:44.040
<v Speaker 2>that was represented by someone who was understood to be

0:25:44.080 --> 0:25:48.679
<v Speaker 2>a competent lawyer who cared about wrongful convictions. And what

0:25:48.840 --> 0:25:51.760
<v Speaker 2>I found to be the case, certainly for Ray and

0:25:51.800 --> 0:25:55.159
<v Speaker 2>another client of mine, is that her style of trying

0:25:55.200 --> 0:25:58.640
<v Speaker 2>to get relief was to basically go to the prosecutor

0:25:58.680 --> 0:26:00.920
<v Speaker 2>and say, Hey, I think this guy I might be innocent,

0:26:01.400 --> 0:26:05.159
<v Speaker 2>Go investigate it. And I got about eight other cases

0:26:05.160 --> 0:26:07.119
<v Speaker 2>that I want you to look at and let me

0:26:07.160 --> 0:26:10.320
<v Speaker 2>know which one you want to reverse on. And then,

0:26:10.560 --> 0:26:15.119
<v Speaker 2>because sometimes deals are made like that, the prosecutor's office

0:26:15.160 --> 0:26:17.199
<v Speaker 2>will be like, Okay, we like this one, we'll reverse

0:26:17.240 --> 0:26:20.600
<v Speaker 2>this one, and then everyone else is fucked. So there

0:26:20.640 --> 0:26:24.159
<v Speaker 2>was no real litigation in Race case by his prior lawyer.

0:26:24.640 --> 0:26:28.560
<v Speaker 2>His prior lawyer withdraws. It's never clear on the record why,

0:26:28.640 --> 0:26:30.560
<v Speaker 2>but my guess is it has to do with the

0:26:30.600 --> 0:26:33.920
<v Speaker 2>fact that the conviction integrity units, such as it was,

0:26:33.920 --> 0:26:37.400
<v Speaker 2>was not willing to affirmatively vacate and she wasn't willing

0:26:37.440 --> 0:26:38.359
<v Speaker 2>to litigate.

0:26:38.240 --> 0:26:42.000
<v Speaker 1>And by twenty sixteen, Cook County was touting its conviction

0:26:42.160 --> 0:26:45.399
<v Speaker 1>Integrity Unit as a beacon of hope to those who

0:26:45.520 --> 0:26:49.280
<v Speaker 1>knew all too well how unjust the system there a bit,

0:26:49.640 --> 0:26:50.000
<v Speaker 1>I have.

0:26:49.920 --> 0:26:53.840
<v Speaker 2>No reservations about saying what my experiences and what I saw,

0:26:54.000 --> 0:26:58.240
<v Speaker 2>and the Conviction Integrity Unit at this time was horseshit.

0:26:58.680 --> 0:27:02.080
<v Speaker 2>And when they did decide to reverse convictions, it seemed

0:27:02.119 --> 0:27:05.639
<v Speaker 2>like it had nothing really to do with whether justice

0:27:05.720 --> 0:27:08.440
<v Speaker 2>was served by that decision. Seemed to have a little

0:27:08.440 --> 0:27:11.960
<v Speaker 2>bit more to do with favors and wheeling and dealing.

0:27:12.359 --> 0:27:15.320
<v Speaker 2>And I've confronted the conviction Integrity Unit about this and

0:27:15.480 --> 0:27:18.280
<v Speaker 2>Ray and another client's case. I was like, how are

0:27:18.280 --> 0:27:22.000
<v Speaker 2>you making these decisions? It sure seems like it depends

0:27:22.000 --> 0:27:25.359
<v Speaker 2>on who the lawyer is that these decisions are getting made,

0:27:25.800 --> 0:27:29.560
<v Speaker 2>not based on whether your investigation showed that someone is

0:27:29.600 --> 0:27:33.360
<v Speaker 2>actually innocent. So I was very clear on that, and frankly,

0:27:33.800 --> 0:27:35.920
<v Speaker 2>I still don't want the Conviction Integrity Unit of the

0:27:35.960 --> 0:27:39.360
<v Speaker 2>Cook County States Attorney's Office touching my cases. My experiences,

0:27:39.400 --> 0:27:42.040
<v Speaker 2>they go out there and they try to fuck up

0:27:42.080 --> 0:27:42.800
<v Speaker 2>your case.

0:27:42.880 --> 0:27:46.359
<v Speaker 1>And we've seen that tread in municipalities all around the

0:27:46.480 --> 0:27:50.480
<v Speaker 1>country where a case will be admitted for reinvestigation. Everyone

0:27:50.600 --> 0:27:55.720
<v Speaker 1>shares their files, and despite case upending evidence, nothing is done.

0:27:56.400 --> 0:27:59.560
<v Speaker 1>The case goes back to court where new witnesses can

0:27:59.600 --> 0:28:04.400
<v Speaker 1>be core first interviewees, words can be misconstrued, or years

0:28:04.640 --> 0:28:07.960
<v Speaker 1>can simply be wasted away while the wheels of justice

0:28:08.080 --> 0:28:10.960
<v Speaker 1>or operating at a snail's pace, And we have to

0:28:11.000 --> 0:28:14.960
<v Speaker 1>ask who was this for? What agenda does this serve?

0:28:15.119 --> 0:28:17.040
<v Speaker 2>We going to do a whole podcast on this. They

0:28:17.080 --> 0:28:21.119
<v Speaker 2>take grant money from places to have these conviction integrity units,

0:28:21.320 --> 0:28:24.520
<v Speaker 2>and they really use them as an investigative arm to

0:28:24.720 --> 0:28:29.560
<v Speaker 2>keep the conviction in place. Of all my exonerations, not

0:28:29.640 --> 0:28:33.720
<v Speaker 2>a single one came from the conviction integrity unit doing

0:28:33.760 --> 0:28:37.040
<v Speaker 2>an investigation and saying, yeah, we agree with you, you don't

0:28:37.080 --> 0:28:40.160
<v Speaker 2>need to litigate. I always had to litigate. I've wrecked

0:28:40.200 --> 0:28:43.120
<v Speaker 2>up quite a few exonerations. And the fact that not

0:28:43.280 --> 0:28:47.080
<v Speaker 2>once has the Cook County State's Attorney's office initially agreed

0:28:47.240 --> 0:28:50.760
<v Speaker 2>that one of my cases required that result. I always

0:28:50.840 --> 0:28:53.400
<v Speaker 2>was forced to fight them, says everything.

0:28:53.760 --> 0:28:57.200
<v Speaker 1>So Ray's conviction remained in place through his parole hearing

0:28:57.280 --> 0:29:01.000
<v Speaker 1>in twenty sixteen, where it was finally represent by Jennifer

0:29:01.040 --> 0:29:04.720
<v Speaker 1>Bonjean and Ashley Cohen, and Ray refused to bend the

0:29:04.800 --> 0:29:06.280
<v Speaker 1>knee for this parole board.

0:29:06.640 --> 0:29:08.920
<v Speaker 3>I did admit to anything and told him that I

0:29:08.960 --> 0:29:11.720
<v Speaker 3>didn't commit this murder, and I got paroled. We stood

0:29:11.760 --> 0:29:14.880
<v Speaker 3>in Chicago for a few days, so we celebrated my

0:29:15.040 --> 0:29:18.320
<v Speaker 3>release at my niece's house. They did a party for me,

0:29:18.560 --> 0:29:22.280
<v Speaker 3>and then we had a gathering at my sister's house, Noelia,

0:29:22.360 --> 0:29:25.440
<v Speaker 3>who lives downstairs from my mom and dad's house, and

0:29:25.680 --> 0:29:29.080
<v Speaker 3>Jenny and Ashley came over. We had family there, my

0:29:29.320 --> 0:29:33.120
<v Speaker 3>parents and my siblings, my cousins, and my nieces and nephews,

0:29:33.280 --> 0:29:34.600
<v Speaker 3>some of my wife's family.

0:29:35.040 --> 0:29:37.960
<v Speaker 2>He's married to the woman who was his high school

0:29:37.960 --> 0:29:41.240
<v Speaker 2>sweetheart at the time, Wanda, and they had a child together.

0:29:41.560 --> 0:29:44.560
<v Speaker 2>They divorced, they were with other people, she had two

0:29:44.560 --> 0:29:46.640
<v Speaker 2>other kids, and then they reconciled. So they have a

0:29:46.680 --> 0:29:49.800
<v Speaker 2>really nice story. And she's a wonderful person.

0:29:50.120 --> 0:29:53.720
<v Speaker 3>She's my childhood sweetheart. She's the mother of our oldest daughter.

0:29:54.000 --> 0:29:57.600
<v Speaker 3>I couldn't have her just doing time with me and

0:29:57.640 --> 0:30:01.120
<v Speaker 3>not living her life. But she came back and my life.

0:30:01.040 --> 0:30:04.000
<v Speaker 1>In two thousand and eight, while Ray was still in prison,

0:30:04.200 --> 0:30:07.600
<v Speaker 1>they remarried, and then when he was paroled, they were

0:30:07.680 --> 0:30:11.360
<v Speaker 1>finally united along with their daughter, who was in utero

0:30:11.520 --> 0:30:12.840
<v Speaker 1>when Ray was convicted.

0:30:13.120 --> 0:30:15.360
<v Speaker 2>It's your whole life, you know. You have an infant

0:30:15.400 --> 0:30:18.480
<v Speaker 2>going in when you're seventeen and you come out to

0:30:18.640 --> 0:30:20.800
<v Speaker 2>a thirty year old woman.

0:30:21.240 --> 0:30:24.240
<v Speaker 3>Yeah, she's here with us. I have two step kids,

0:30:24.400 --> 0:30:27.200
<v Speaker 3>which I considered on my kids as well. I have

0:30:27.320 --> 0:30:30.680
<v Speaker 3>a twenty five year old girl who lives with us,

0:30:30.680 --> 0:30:32.480
<v Speaker 3>and our twenty year old boy who lives with us.

0:30:32.800 --> 0:30:36.280
<v Speaker 3>Borrowedest daughter she lives with my son Ala and our grandbaby.

0:30:36.360 --> 0:30:38.920
<v Speaker 3>So we have a beautiful granddaughter that's just a spinning

0:30:38.960 --> 0:30:40.600
<v Speaker 3>image of her when she was a baby.

0:30:40.800 --> 0:30:44.160
<v Speaker 1>We gotta imagine Ray, You're pouring all your love into

0:30:44.200 --> 0:30:47.680
<v Speaker 1>this child. Yeah, yeah, I hope it helps with it.

0:30:48.440 --> 0:30:49.040
<v Speaker 3>Yeah, it does.

0:30:50.520 --> 0:30:54.400
<v Speaker 1>Meanwhile, Jenny and Ashley began the legal battle to clear

0:30:54.560 --> 0:30:58.800
<v Speaker 1>Rai's name. This culminated in an evidentiary hearing in the

0:30:58.840 --> 0:31:02.520
<v Speaker 1>summer of twenty twenty one, starting with the Brady violation

0:31:02.680 --> 0:31:06.880
<v Speaker 1>involving the identification of Shorting, which they supported with an

0:31:06.880 --> 0:31:10.600
<v Speaker 1>affidavit from the witness the butcher who still supports the

0:31:10.680 --> 0:31:14.880
<v Speaker 1>statement that he gave Halverson all those years ago. But

0:31:14.920 --> 0:31:15.680
<v Speaker 1>that's not all.

0:31:16.040 --> 0:31:18.600
<v Speaker 2>There was another piece of Brady material that I will

0:31:18.640 --> 0:31:21.840
<v Speaker 2>just quickly point out that there was a shooting of

0:31:21.840 --> 0:31:25.920
<v Speaker 2>a guy named roy Croft. It was the same weapon involved.

0:31:26.280 --> 0:31:29.120
<v Speaker 2>They were able to connect the ballistics, and it was

0:31:29.120 --> 0:31:32.040
<v Speaker 2>in the same area. The shootings occurred a couple weeks apart,

0:31:32.120 --> 0:31:36.440
<v Speaker 2>and when Halverson was investigating that murder, he put Ray

0:31:36.600 --> 0:31:39.280
<v Speaker 2>in a photo array again, just throwing him in there,

0:31:39.800 --> 0:31:42.200
<v Speaker 2>and the witness was like, no, I know, Scooby, he

0:31:42.280 --> 0:31:45.600
<v Speaker 2>wasn't the shooter. So ultimately Ray is not charged for that.

0:31:45.800 --> 0:31:51.760
<v Speaker 2>But they never disclosed to Ray Munos's defense attorney that

0:31:51.920 --> 0:31:54.800
<v Speaker 2>the weapon that was used to kill Ivan Mayna was

0:31:54.920 --> 0:31:58.040
<v Speaker 2>used in another murder. Like that's exculpatory, you can go

0:31:58.120 --> 0:32:01.880
<v Speaker 2>find out, you can investigate. That's a lead that the

0:32:01.920 --> 0:32:04.160
<v Speaker 2>police didn't follow, but you should have at least given

0:32:04.800 --> 0:32:08.520
<v Speaker 2>him the opportunity to have his attorney and investigators follow that.

0:32:08.840 --> 0:32:12.000
<v Speaker 1>In addition to the Brady material, they presented pattern and

0:32:12.080 --> 0:32:16.080
<v Speaker 1>practice evidence of misconduct that had been collected over time

0:32:16.160 --> 0:32:19.120
<v Speaker 1>by Bonjin Law Group and others, where the focus had

0:32:19.120 --> 0:32:21.840
<v Speaker 1>previously been on Govara.

0:32:21.160 --> 0:32:25.400
<v Speaker 2>And Ray's case has become exceedingly important because it's the

0:32:25.520 --> 0:32:28.680
<v Speaker 2>first case where we had a judge saying that this

0:32:28.800 --> 0:32:32.600
<v Speaker 2>pattern in practice wasn't just a Ragavra problem. His partner

0:32:33.080 --> 0:32:36.719
<v Speaker 2>was unquestionably engaging in the same type of misconduct that

0:32:36.800 --> 0:32:39.680
<v Speaker 2>resulted in the wrongful convictions of other people.

0:32:40.080 --> 0:32:42.440
<v Speaker 1>So they put Ray on the stand as well as

0:32:42.440 --> 0:32:45.200
<v Speaker 1>a man who had been beaten by Halverson into a

0:32:45.240 --> 0:32:49.280
<v Speaker 1>false confession, and then a retired detective named Bill Dorsh

0:32:49.440 --> 0:32:54.080
<v Speaker 1>whose signature was forged by Halverson in an entirely different case.

0:32:54.640 --> 0:32:58.960
<v Speaker 1>Our audience might recall dors from our coverage of Fabian Santiago.

0:32:59.120 --> 0:32:59.880
<v Speaker 3>That's my cousin.

0:33:00.360 --> 0:33:02.400
<v Speaker 2>What I know. Isn't that crazy?

0:33:02.640 --> 0:33:05.960
<v Speaker 1>Or maybe not so crazy? Considering that they both fell

0:33:05.960 --> 0:33:09.480
<v Speaker 1>into the crosshairs of Ernest Halverson, who by the time

0:33:09.560 --> 0:33:13.960
<v Speaker 1>of this hearing was deceased and unavailable for testimony. But

0:33:14.080 --> 0:33:17.800
<v Speaker 1>thankfully Jenny had already had Halverson under oath in twenty

0:33:17.880 --> 0:33:19.080
<v Speaker 1>sixty We.

0:33:18.880 --> 0:33:23.880
<v Speaker 2>Were able to present Halverson's testimony at Ray's hearing via

0:33:24.240 --> 0:33:28.240
<v Speaker 2>a prior deposition that I had taken of him in

0:33:28.640 --> 0:33:32.160
<v Speaker 2>Armando Serrano's case, and he was another Gavera frame up case.

0:33:32.440 --> 0:33:35.840
<v Speaker 2>That was my first Goavera case. I put Gavera on

0:33:35.880 --> 0:33:38.520
<v Speaker 2>the stand in his case, me and Russell Ainsworth, who

0:33:38.920 --> 0:33:43.000
<v Speaker 2>represented the co defendant. Together we were the first lawyers

0:33:43.040 --> 0:33:46.000
<v Speaker 2>that were there when Gavara invoked the fitth Amendment and

0:33:46.000 --> 0:33:49.120
<v Speaker 2>he's never come off. So during our Motto Serrano's Civil

0:33:49.200 --> 0:33:53.840
<v Speaker 2>Rights action, we deposed Ernie Halverson, who was still alive

0:33:53.880 --> 0:33:57.720
<v Speaker 2>at the time, and I confronted him with the allegations

0:33:57.840 --> 0:34:01.600
<v Speaker 2>of Ray Munos, including whether or not he fabricated the

0:34:01.640 --> 0:34:06.520
<v Speaker 2>identification testimony of Bobby Garcia, whether he suppressed exculpatory material,

0:34:06.880 --> 0:34:12.040
<v Speaker 2>all of that, and Halverson not just Gavara. Halverson invoked

0:34:12.040 --> 0:34:14.279
<v Speaker 2>his fit the Amendment right to remain silent to every

0:34:14.320 --> 0:34:16.640
<v Speaker 2>single question that was asked of him, and that was

0:34:16.719 --> 0:34:18.840
<v Speaker 2>presented during the post conviction hearing.

0:34:19.080 --> 0:34:22.720
<v Speaker 1>And so on February twenty second, twenty twenty two, Judge

0:34:22.840 --> 0:34:27.800
<v Speaker 1>Sophia Atcherson issued her ruling vacating the conviction and ordering a.

0:34:27.680 --> 0:34:31.920
<v Speaker 2>New trial, and the Circuit Court judge issued a fifty

0:34:32.040 --> 0:34:37.239
<v Speaker 2>four page decision finding that he was actually innocent, that

0:34:37.320 --> 0:34:40.480
<v Speaker 2>Halverson and Gavera engaged in a pattern and practice of

0:34:40.960 --> 0:34:44.399
<v Speaker 2>misconduct that resulted in this wrongful conviction that there had

0:34:44.400 --> 0:34:48.719
<v Speaker 2>been two separate Brady violations and that his constitutional rights

0:34:48.840 --> 0:34:52.240
<v Speaker 2>were violated at every turn. And what was really compelling

0:34:52.320 --> 0:34:55.000
<v Speaker 2>about this decision is that usually judges don't want to

0:34:55.040 --> 0:34:57.239
<v Speaker 2>go out on a limb and make decisions that they

0:34:57.239 --> 0:34:59.560
<v Speaker 2>don't need to make. She could have found that he

0:34:59.600 --> 0:35:02.880
<v Speaker 2>was entire to a new trial on a single claim

0:35:03.800 --> 0:35:05.920
<v Speaker 2>and left everything alone. But she went out of her

0:35:05.920 --> 0:35:10.680
<v Speaker 2>way to find that his constitutional rights were violated on

0:35:10.800 --> 0:35:12.440
<v Speaker 2>every claim we raised.

0:35:12.719 --> 0:35:15.480
<v Speaker 3>It was amazing. It was like the world was lifted

0:35:15.480 --> 0:35:24.440
<v Speaker 3>off my shoulders. Finally, I said, you know, it's like

0:35:24.560 --> 0:35:28.680
<v Speaker 3>I believe, you know, it's in God's time. It's not

0:35:28.840 --> 0:35:32.680
<v Speaker 3>our timing. No matter what happens in life, nobody knows

0:35:33.120 --> 0:35:37.200
<v Speaker 3>what's gonna happen, when, or why or how. But God,

0:35:37.400 --> 0:35:40.759
<v Speaker 3>that's the only one that has purpose. And anything that

0:35:40.800 --> 0:35:44.320
<v Speaker 3>happens in our life, no matter where you come from

0:35:44.480 --> 0:35:48.200
<v Speaker 3>or how you raise, anything could happen to anybody at

0:35:48.239 --> 0:35:49.160
<v Speaker 3>any given moment.

0:35:50.040 --> 0:35:53.240
<v Speaker 1>It's pretty wild to see how all of these moving

0:35:53.320 --> 0:35:58.319
<v Speaker 1>parts finally come together to deliver long overdue justice, Like

0:35:58.360 --> 0:36:02.280
<v Speaker 1>how Jennifer Bongjin had the forethought to ask Halverson about

0:36:02.480 --> 0:36:06.160
<v Speaker 1>Ray's case in an unrelated case before he died, or

0:36:06.200 --> 0:36:08.200
<v Speaker 1>that she had worked for years to be in a

0:36:08.239 --> 0:36:11.600
<v Speaker 1>position to do that, or how the breedy materials were

0:36:11.640 --> 0:36:15.640
<v Speaker 1>finally uncovered despite the state's best efforts, or that this

0:36:15.920 --> 0:36:18.680
<v Speaker 1>was all revealed in front of a circuit judge that

0:36:18.920 --> 0:36:22.120
<v Speaker 1>wasn't going to let the state wiggle free. So now

0:36:22.440 --> 0:36:25.200
<v Speaker 1>they had to decide whether or not they'd go forward

0:36:25.320 --> 0:36:27.920
<v Speaker 1>with another trial or drop the charges.

0:36:28.239 --> 0:36:30.919
<v Speaker 2>They had them coming back and forth from court for

0:36:31.040 --> 0:36:34.960
<v Speaker 2>like nine months, and I was very disappointed with the

0:36:34.960 --> 0:36:38.680
<v Speaker 2>Cook County State's Attorney's office at the time, because despite

0:36:38.719 --> 0:36:40.959
<v Speaker 2>it all, they're like, Okay, well, maybe we'll just try

0:36:41.000 --> 0:36:45.000
<v Speaker 2>to put Bobby Garcia's testimony into evidence through a transcript.

0:36:45.680 --> 0:36:49.560
<v Speaker 2>And I was like, how could you possibly rely on this?

0:36:49.760 --> 0:36:52.240
<v Speaker 2>It was such bad faith. And the circuit court judge

0:36:52.280 --> 0:36:54.960
<v Speaker 2>I think, I'm just reading, you know, into her expressions

0:36:54.960 --> 0:36:58.600
<v Speaker 2>and her statements on the record, But she seemed befuddled

0:36:58.719 --> 0:37:00.879
<v Speaker 2>that after all this, you were just going to try

0:37:00.880 --> 0:37:03.880
<v Speaker 2>to stand on the same bad evidence. I don't know

0:37:03.880 --> 0:37:06.680
<v Speaker 2>what happened there. Eventually they saw the air of their

0:37:06.719 --> 0:37:10.440
<v Speaker 2>ways and dismiss the case. And then he received a

0:37:10.480 --> 0:37:13.960
<v Speaker 2>certificate of innocence without much pushback at that point.

0:37:14.480 --> 0:37:18.759
<v Speaker 1>That was April twenty twenty three. He received state compensation,

0:37:19.080 --> 0:37:21.879
<v Speaker 1>but they're still waiting on the civil suit that they

0:37:21.880 --> 0:37:25.319
<v Speaker 1>have filed that made that's over two years ago. In

0:37:25.480 --> 0:37:30.400
<v Speaker 1>whatever amount of billible hours are footed by Illinois taxpayers.

0:37:30.040 --> 0:37:32.920
<v Speaker 3>All the money they're spending on these attorneys to protect

0:37:33.160 --> 0:37:37.480
<v Speaker 3>the scum, to say the least, they should invest that

0:37:37.600 --> 0:37:41.160
<v Speaker 3>money into finding the real killers behind all these cases

0:37:41.200 --> 0:37:44.239
<v Speaker 3>that were wrongfully convicted so they could bring closure to

0:37:44.360 --> 0:37:47.960
<v Speaker 3>victims families. The state's attorneys and the city don't give

0:37:48.000 --> 0:37:51.160
<v Speaker 3>a reds ask about them, us or anybody, and they

0:37:51.160 --> 0:37:54.640
<v Speaker 3>continue to protect these people and spending, like you said,

0:37:54.680 --> 0:37:57.000
<v Speaker 3>taxpayers money, and it's going to get worse. It's going

0:37:57.080 --> 0:37:59.400
<v Speaker 3>to be in the billions of dollars when it's all

0:37:59.440 --> 0:38:00.800
<v Speaker 3>over that and done.

0:38:01.160 --> 0:38:04.840
<v Speaker 1>And with that, Ray, thank you so much for sharing

0:38:04.920 --> 0:38:08.160
<v Speaker 1>your story and getting it out to the world with us. Today,

0:38:08.680 --> 0:38:12.719
<v Speaker 1>we're going to go to our closing statements here and

0:38:13.160 --> 0:38:16.919
<v Speaker 1>we want to give the last words to you. So

0:38:17.120 --> 0:38:20.360
<v Speaker 1>this is Rinaldo Munos and Jennifer Boonjee.

0:38:21.040 --> 0:38:24.919
<v Speaker 2>Yeah, Ray's case is a very special case to me, obviously,

0:38:25.440 --> 0:38:29.120
<v Speaker 2>we fought really hard. We had a full hearing that

0:38:30.200 --> 0:38:33.200
<v Speaker 2>again resulted in a really nice ruling from a circuit

0:38:33.200 --> 0:38:36.759
<v Speaker 2>court judge who acknowledged the miscarriage of justice. We don't

0:38:36.760 --> 0:38:39.640
<v Speaker 2>always get that, and I think it was important for

0:38:39.719 --> 0:38:43.200
<v Speaker 2>him to hear that. I wish it had happened earlier.

0:38:43.760 --> 0:38:47.160
<v Speaker 2>I think his case exemplifies how the system doesn't work

0:38:47.239 --> 0:38:50.120
<v Speaker 2>in terms of not just the wrongful conviction occurring in

0:38:50.160 --> 0:38:53.600
<v Speaker 2>the first place, but how long it takes to correct it.

0:38:54.280 --> 0:38:56.960
<v Speaker 2>He did his entire sentence, but he learned of the

0:38:57.000 --> 0:39:03.360
<v Speaker 2>exculpatory evidence over ten years before he's ultimately released. It

0:39:03.360 --> 0:39:05.919
<v Speaker 2>shouldn't take that long. It shouldn't take a decade once

0:39:05.960 --> 0:39:11.359
<v Speaker 2>you find out about something so stunningly exculpatory that unquestionably

0:39:11.400 --> 0:39:13.160
<v Speaker 2>would have made a difference at your trial. That it

0:39:13.280 --> 0:39:16.080
<v Speaker 2>still took ten years to get him out. That to

0:39:16.160 --> 0:39:18.320
<v Speaker 2>me is a lesson about his case, one of the

0:39:18.360 --> 0:39:21.920
<v Speaker 2>troubling lessons. But I guess one of the upsides is

0:39:21.920 --> 0:39:25.280
<v Speaker 2>that he's a wonderful human being. He didn't let prison

0:39:25.360 --> 0:39:29.840
<v Speaker 2>ruin him. He has worked, He's been a consistent presence

0:39:29.880 --> 0:39:32.960
<v Speaker 2>in his daughter's life. He's a grandfather, you know, he's

0:39:33.000 --> 0:39:36.560
<v Speaker 2>a really good family man. He's a good husband. They're

0:39:36.600 --> 0:39:39.000
<v Speaker 2>wonderful people, and I'm really proud of him because I

0:39:39.080 --> 0:39:42.440
<v Speaker 2>don't know if I could have come out and survived

0:39:42.640 --> 0:39:45.960
<v Speaker 2>in this world having gone in at sixteen and not

0:39:46.080 --> 0:39:49.440
<v Speaker 2>have been so bitter as to let it eat me up.

0:39:49.520 --> 0:39:51.600
<v Speaker 2>And I don't know if I could have done it,

0:39:51.640 --> 0:39:53.000
<v Speaker 2>but he's really been impressive.

0:39:53.560 --> 0:39:55.839
<v Speaker 3>People need to wake up and stop voting for all

0:39:55.840 --> 0:39:59.799
<v Speaker 3>these crooked politicians and learn about what's going on. Because

0:40:00.120 --> 0:40:02.879
<v Speaker 3>I said this could happen to whoever. It doesn't matter

0:40:02.920 --> 0:40:05.760
<v Speaker 3>where you come from. When there's corruption in the government,

0:40:05.880 --> 0:40:09.440
<v Speaker 3>there's nothing that can be done unless we as a

0:40:09.520 --> 0:40:12.759
<v Speaker 3>people put a stop to it. I'm just wandering for

0:40:12.960 --> 0:40:16.359
<v Speaker 3>people and if they have a family member or an

0:40:16.360 --> 0:40:19.960
<v Speaker 3>individual that's incarcerated. False league, don't give up. You need

0:40:20.000 --> 0:40:22.919
<v Speaker 3>to find the truth. Everything that's done in darkness will

0:40:22.920 --> 0:40:25.000
<v Speaker 3>come to the light no matter what, no matter how

0:40:25.000 --> 0:40:28.560
<v Speaker 3>long it takes, the truth show Prevailed to fight, never

0:40:28.640 --> 0:40:29.080
<v Speaker 3>give up.

0:40:35.800 --> 0:40:38.400
<v Speaker 4>Thank you for listening to Wrongful Conviction. You can listen

0:40:38.440 --> 0:40:40.839
<v Speaker 4>to this and all the Lava for Good podcasts one

0:40:40.840 --> 0:40:43.840
<v Speaker 4>week early and ad free by subscribing to Lava for

0:40:43.920 --> 0:40:46.719
<v Speaker 4>Good Plus on Apple podcasts. I want to thank our

0:40:46.719 --> 0:40:49.880
<v Speaker 4>production team Connor Hall and Kathleen Fink, as well as

0:40:49.880 --> 0:40:53.760
<v Speaker 4>my fellow executive producers Jeff Kempler, Kevin Watis, and Jeff Cliber.

0:40:53.800 --> 0:40:55.919
<v Speaker 4>The music in this production was supplied by three time

0:40:56.000 --> 0:40:59.040
<v Speaker 4>OSCAR nominated composer Jay Ralph. Be sure to follow us

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<v Speaker 4>across all social media platforms at Lava for Good and

0:41:02.200 --> 0:41:05.200
<v Speaker 4>at Wrongful Conviction. You can also follow me on Instagram

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<v Speaker 4>at It's Jason flamm Wrawful Conviction is a production of

0:41:08.160 --> 0:41:11.759
<v Speaker 4>Lava for Good Podcasts and association with Signal Company Number One.

0:41:11.880 --> 0:41:14.320
<v Speaker 4>We have worked hard to ensure that all facts reported

0:41:14.320 --> 0:41:15.640
<v Speaker 4>in this show are accurate.

0:41:15.719 --> 0:41:18.440
<v Speaker 2>The views and opinions expressed by the individuals featured in

0:41:18.480 --> 0:41:21.200
<v Speaker 2>this show are their own and do not necessarily reflect

0:41:21.200 --> 0:41:22.440
<v Speaker 2>those of Lava for Good.