Derrick Hamilton: From Wrongful Conviction to Justice Advocate — Transcript
Full transcript
- 0:02[Applause]
- 0:11[Music]
- 0:18[Applause]
- 0:23[Music]
- 0:27Right. This is what's up.
- 0:32[Music]
- 0:40[Music]
- 0:42Got to be.
- 0:43[Music]
- 0:59Open cell 13. Open your
- 1:03mouth. Spread your
- 1:06legs.
- 1:08Clear. Let's go.
- 1:10[Music]
- 1:29What up? What up? You already know it's
- 1:30your boy Pistol P. Welcome back to Dog
- 1:32of the Yard. Today we got Derek Hamilton
- 1:35in the building from the family and
- 1:37friends were only convicted. He was let
- 1:39go on January
- 1:412015 by the King County District
- 1:44Attorney's office. Uh they exonerated
- 1:48him and ever since he been home, he's
- 1:50been doing great in his I mean brother's
- 1:53been working. I mean, I'm ready to get
- 1:55up with him, but today we got him. And
- 1:57it's a blessing to have this brother on
- 1:59my show, on his platform. And with that
- 2:01being said, let's get right to it, man.
- 2:03Derek, you already know, wrongly
- 2:05convicted. Dog in the
- 2:10yard. What up? What up? You already know
- 2:12it's your boy Pistol P. Welcome back to
- 2:14Dog in the Y'all. And today we got Derek
- 2:16in the building. What's up, Derek? Man,
- 2:18my brother. Thanks for having me, bro.
- 2:20Friends and families, by the way. Yes,
- 2:21family and friends, y'all. Um, it's a
- 2:23pleasure having you, my brother. I
- 2:24appreciate you, you know, taking the
- 2:25time to come out. You know, I know y
- 2:27busy working on y working on a lot of
- 2:29people's lives. Yes. You know what I'm
- 2:31saying? And, um, but before we get into
- 2:33all that, all the good stuff you've been
- 2:35doing and all the blessings you've been
- 2:37creating out here for a lot of people,
- 2:39um, a lot of brothers, um, tell me a
- 2:42little bit about yourself, your
- 2:43upbringing. I know you from Brooklyn.
- 2:45Yes. Best. Born and raised. Best. Best.
- 2:47Okay. Okay. That's where, uh, uh, uh,
- 2:50Pat's from. Shout out to Pat Poo. Yes.
- 2:52Yes. Shout it out. Yeah. So, but uh a
- 2:55little bit of your upbringing, your
- 2:56siblings, how how was you know, how was
- 2:58your upbringing and what led you to to
- 3:00to you know, to go to jail to get
- 3:02yourself caught up? Sure. So, as you
- 3:04said, I was born in Brooklyn. Um you
- 3:07know, I grew up in uh public school. I
- 3:09really originally was in Bushwick. Um
- 3:11and then my family was middle class. You
- 3:13know, I was going to public school and
- 3:15some poverty stricken matters happened
- 3:18when I was about 8 years old. Uh my
- 3:20parents moved from Bushwick to Beverson
- 3:23section of Brooklyn to a housing
- 3:24project, Lafayette Garden housing
- 3:26project. And once I got to the projects,
- 3:28it was totally different. Um if you had
- 3:30a basketball, if you had a pair of
- 3:31sneakers or jacket, you had to fight for
- 3:33that, right? Um and I had five brothers
- 3:35and sisters, um we would always get
- 3:37into, you know, family fights with
- 3:39different people in the projects, man.
- 3:40And and you know, even you know, at that
- 3:43time, either you being bullied or
- 3:45standing up for yourself. Um, and after
- 3:47a while with me, I was fighting and
- 3:49fighting and fighting, man. And once you
- 3:51beat the bully in so many ways, you
- 3:52become that bully, right? You take on
- 3:54that mentality. I was always a smart
- 3:55guy. Um, getting good grades in school,
- 3:58but I became a product of my
- 3:59environment, right? Right. Um, you know,
- 4:01protecting, uh, family members and
- 4:03friends in the neighborhood, man. And,
- 4:05and it got to the point where uh, one
- 4:08day I bought a gun. All right. Cuz I
- 4:10couldn't beat all of the older guys.
- 4:11They was tougher than me and bigger than
- 4:12me, man. Guys was fighting like crazy
- 4:14when I was coming up. Um and and when I
- 4:17first got my hand on the weapon, man,
- 4:18and and I fired it and see how afraid
- 4:20these people were, I was like, "Oh, I
- 4:22got their number now." Right? And and
- 4:24this false sense of power, right? This
- 4:26coward in me cuz I just should have
- 4:28fought, right? Once I got a weapon, I
- 4:30became um um abuser in a sense, man.
- 4:33Like, all right, you guys think y'all
- 4:35tough now. I can level the playing field
- 4:36in my mind, you know, and I was young
- 4:38and I didn't understand the difference
- 4:40between reputation and character, right?
- 4:42M so you you going on this rep, you want
- 4:44this rep. And I just got lost in it,
- 4:46man. I'm running around with cruel guys
- 4:48in Brooklyn. We robbing people. Um we
- 4:50doing crimes. We starting Italians that
- 4:52got number spots and Cubans that got
- 4:54number spots because this is our
- 4:56neighborhood. Right. In the process of
- 4:58doing all of this, um I got on the
- 5:00police officer's radar, right? They
- 5:02started saying this young kids running
- 5:03around with a gun. How old you was? I
- 5:05was like 17, 16 at that time. Um, and
- 5:08they start stopping me, searching me,
- 5:10and, you know, harassing me because
- 5:12they've had I'm shooting a gun out here
- 5:13in these streets. Um, and one day around
- 5:171983, I have been 17 years old, hanging
- 5:19out with some older guys. Um, a robbery
- 5:22happened. Um, a bread truck driver gets
- 5:24shot and killed in my neighborhood. Um,
- 5:27the police officers is investigating.
- 5:29It's a white male that got killed and
- 5:30they taking this serious. Um, I'm in a
- 5:33rent car. They pull me over one day. Uh,
- 5:35I fake like it ain't me, Sam. My
- 5:37brother, whatever, let me go. Um, long
- 5:39story short, the individuals that
- 5:41actually committed the murder got
- 5:43stopped by the cops and told them that
- 5:44they loaned me their car to do the
- 5:48shooting. And of course, the police
- 5:49believed it because I was a young
- 5:50knucklehead running around, had this
- 5:52reputation as being a shooter, it up a
- 5:54couple times, fact. So, they arrested
- 5:56me. Um, and they charged me with the
- 5:58murder of an individual by the name of
- 6:00James Wolf. And I'm 17 years old. And
- 6:03I'm like, what the [ __ ] You know, like,
- 6:06how did this happen? You know, I never
- 6:07expected this to be too far, right?
- 6:09Definitely went too far. And I know I
- 6:11didn't kill a guy, right? So, I knew I
- 6:13didn't kill him, right? And I'm like,
- 6:15all right, well, the truth going to come
- 6:16out. You know, the truth is going to
- 6:17come out. Ain't no way in the world I'm
- 6:18going to get back. I didn't do it. So,
- 6:21and in the course of being arrested for
- 6:22that, I also had about three or four
- 6:24other cases that I did do. Um, uh,
- 6:27robbery that I might two or three
- 6:28robberies that I had that I did do. Um,
- 6:30so I'm on Rikers Island with these four
- 6:32or five cases. Oh, so so you went to you
- 6:34was already on the island. They locked
- 6:36me up uh for the murder. And then I
- 6:38start getting other cases that people
- 6:39would say, "Oh, this guy robbed me."
- 6:41Yeah. Cases that I did, you know, and
- 6:42and rightfully so. So, you know, I'm 17
- 6:45years old, she's 74, young, wild,
- 6:47running around. How was that going over
- 6:49the bridge for the first time? It was It
- 6:51was like unbelievable, man. You know,
- 6:53cuz you hear stories at that time. I'm
- 6:56scared to death. This is my first time
- 6:57coming through. Yeah. Um, but you know,
- 6:59once I got in and I came through
- 7:01previously on other cases got bailed
- 7:04out. Um, but now I see what it's really
- 7:07like. You know, police correction
- 7:08officers whooping your ass when you get
- 7:10in the beef with another prisoner. They
- 7:11beating you. Um, you know, beating the
- 7:14hell out you. Um, and there's nobody to
- 7:16run to. Like there's no family. There's
- 7:18no, you got to handle this. You got to
- 7:20become a man real fast. Um, and then,
- 7:24um, I started going to Lolaburg. You
- 7:26know, speaking of my moms and my pops,
- 7:27they're like, "Listen, man. You got
- 7:29yourself in this [ __ ] You better figure
- 7:31it out. You know, you better start going
- 7:33to the law library, man. You better you
- 7:34better do something. Told you, man, that
- 7:37you know, you was going the wrong way."
- 7:39Um, so I wound up going to trial. Um,
- 7:42and the murder case was the first trial
- 7:44that I ever had. Uh, during the course
- 7:46of the trial, uh, a witness came in and
- 7:49called my lawyer out in the hallway, uh,
- 7:51and her name was Patricia Lee. I
- 7:52remember to the day and said, "Listen,
- 7:55I'm not going to testify. Um, the cops
- 7:57made me identify your client and said
- 8:00that he committed this crime and I'm not
- 8:02coming in the lie. I'm not going to do
- 8:04that." U, my lawyer came in the
- 8:05courtroom and put that on the record and
- 8:07told the judge some person came in the
- 8:08hallway and said that they made her go
- 8:11to the grand jury in line. My client,
- 8:14they brought the witness in. She took
- 8:15the stand and said exactly that, that
- 8:17police officers took her to the
- 8:18precinct, told her, "You going to say
- 8:20this or threaten her." She said it. She
- 8:22went to grand jury and said it. Say she
- 8:23refused to testify. You You would
- 8:25thought that was it right there. I knew
- 8:26it was it. Like the judge told the
- 8:28prosecutor, he said, "Listen, I'm giving
- 8:30y'all to tomorrow to come with something
- 8:33cuz if not, I'm dismissing this murder
- 8:35case." Right. We come back the next day.
- 8:38Judge changed his mind. He says he
- 8:40thought about this all night and it
- 8:42troubled him and he felt that me or
- 8:44somebody acting for me had got to the
- 8:47witness and made her refuse to testify
- 8:49at the trial. Now, mind you, I'm 17
- 8:51years old. I don't got no ability to get
- 8:54to know witness. I'm a kid, right? I
- 8:56don't even know if she exists, right? I
- 8:58don't even know what the evidence is or
- 9:00the discovery is the next day. That's
- 9:01correct. The next day, uh, so he ruled
- 9:03that he was going to allow her grand
- 9:05jury testimony to be admitted at my
- 9:08trial as evidence-in-chief and that I
- 9:10had forfeited my right to confront her.
- 9:13So, we can't even call her and ask her
- 9:14any questions of what she told us. He
- 9:16says, "No." So, I was convicted. Um, and
- 9:19I was sentenced to 25 years of life at
- 9:2118 years old. Um, and this is my first
- 9:24brush with the criminal justice system.
- 9:26Um, and I began studying law every
- 9:28single day, man. I was in the law
- 9:30library every single day because a
- 9:32lawyer I had, uh, big up to Candace
- 9:34Kurts, had pulled me to the side and
- 9:36said, "Young man, get your head out your
- 9:37ass. I want you to read these cases and
- 9:39see what they're really doing to you.
- 9:40They're railroading your hand. I want
- 9:42you to understand what's happening." So,
- 9:43she was a blessing to me. Um, and I just
- 9:45started going to the law library every
- 9:47single day, studying law, learning law,
- 9:49learning law. Um, and unfortunately for
- 9:51me, in six years, I got a reversal um,
- 9:54by the appellet division second
- 9:56department who overturned that
- 9:57conviction, found that the judge was
- 9:59wrong, that there was no evidence
- 10:01whatsoever to establish that me or
- 10:02anybody acting for me, had threatened
- 10:04this witness, and he was wrong in
- 10:06admitting that evidence against me and
- 10:08denying me the right to confront the
- 10:09witness. Uh, so in six and a half years,
- 10:13uh, I went up with 32 and a half of
- 10:14life. I got out in six and a half years.
- 10:16Um, and I got back, man. I got back on
- 10:18the street in my neighborhood and I felt
- 10:20like that's a blessing, man. Everything
- 10:22is good. Six and a half years. I had a
- 10:2432 and a half year sentence, man. Um, I
- 10:27got a reversal when I came home. Um, and
- 10:29you put that work in. You got yourself
- 10:31home. I worked hard. I worked really
- 10:33hard. Yeah, you work hard, you know. So,
- 10:34when I got out, things have changed, you
- 10:36know. It was a crack era now. Um when I
- 10:39left it wasn't a crackout. Yeah. What
- 10:41what year was that? I left in ' 83. 823
- 10:4483 and I came home in '89. Um it was at
- 10:47the heights of of all kind of stuff
- 10:49going on, man. And I was shocked. It was
- 10:51like a you know, you see older parents,
- 10:54man. People that you respected now.
- 10:56Yeah. Um cracked out of their mind, man.
- 10:58And it was just a culture shock for me.
- 11:00Um and I had moved to New Haven,
- 11:03Connecticut at the time. Um, and I was
- 11:05down there, you know, doing a little
- 11:06hustling like everybody else. And um,
- 11:10one day I got a phone call that said
- 11:13that detectives had went to my
- 11:15girlfriend house in Brooklyn looking for
- 11:17me. And I'm like, looking for me? It was
- 11:19like, yeah. They said, "You wanted for a
- 11:20murder?" I'm like, "A murder?" So I
- 11:23called my lawyer that I previously had.
- 11:25And he said, "Look, if they arrest you,
- 11:28then call me." He said, "If they don't
- 11:29arrest you, just keep doing what you
- 11:31doing." So I continue with my work. I
- 11:33was opening a unisex salon at that time
- 11:35in New Haven. One day cops walked in.
- 11:39They arrested me for murder in New
- 11:41Haven. In New Haven, extradited me back
- 11:43to New York and I found out that it was
- 11:45regarding that Daniel Cash, which I had
- 11:47already heard what they were looking for
- 11:49me for. Um, and I'm like, this can't be
- 11:51true. Cuz everybody in the neighborhood
- 11:52knew who killed the guy. Um, it was well
- 11:55rumored who killed the guy. Um, and I
- 11:57was just again shocked like, damn. Like
- 12:01now the first time I admit that I was
- 12:04doing all kind of crazy stuff and I can
- 12:05understand. Yeah. Yeah. You wasn't
- 12:06angel. Right. Right. Right. The second
- 12:08time I wasn't even in Brooklyn. I was in
- 12:10New Haven at this point in time and I'm
- 12:11like, you know how the hell this
- 12:13happened. Right. So I was arrested. Um I
- 12:16was brought to King's County again,
- 12:18Brooklyn. Um and I stayed in there eight
- 12:20months for another trial. Um and I was
- 12:24convicted. Um and what was your state of
- 12:27mind though? Like that [ __ ] must have
- 12:29been complicated, difficult. What was
- 12:31going through your mind coming home? You
- 12:33just got yourself out of jail after 6
- 12:35years and a half from from a from a body
- 12:37that you didn't come in. And now here
- 12:39you go again. You know, and the bad part
- 12:43was your mind like [ __ ] up, man. The
- 12:45rest was mindboggling, right? When they
- 12:47came and and put the cuffs on me and I'm
- 12:48in that New Haven and I'm like, it was
- 12:51March again. It was March of of 1992.
- 12:54The first one was March of 1983. March
- 12:57is not the month. March wasn't my month,
- 12:58right? I'm like, "What the hell?" Right?
- 13:00So, you know, and and I'm in there and
- 13:03I'm like, "Wow, man." And I believed in
- 13:05the system because I got a reversal,
- 13:08right? I actually did six and a half
- 13:10years and got out. So, I'm saying this
- 13:11time it's definitely going to establish
- 13:13that I didn't commit this murder. It's
- 13:14going to be clear I'm going to get out
- 13:15like this. Yeah. It's going to be super
- 13:18clear. That didn't happen. Um 8 months
- 13:22to a year, which otherwise, I begin
- 13:24trial. Um, and a witness comes in and
- 13:27says that person that I know um, comes
- 13:30in and says that I killed her boyfriend.
- 13:32She said, "I came to the door and ask
- 13:34her where he was." She said, "Right
- 13:36here." That I pulled out a gun and
- 13:37started shooting and shooting and
- 13:38shooting and murdered him. Um, right
- 13:41before our eyes. And I'm sitting here
- 13:44like, I know this person like, and I see
- 13:47how she came in dressed. Something
- 13:50happened. Like, what the hell happened?
- 13:51You know, in my mind, like, what made
- 13:53this person come in and just lie? like
- 13:55and I'm speaking to her prior to this
- 13:56and all that. She like, "Yo, they tried
- 13:57to get me go to the grand jury. They got
- 13:58me lied. I'm knowing all the facts
- 14:00already, but I'm like, she comes in to
- 14:03say
- 14:03this." So, the jury believes her that
- 14:07she seen me kill her boyfriend. They
- 14:08bring a detective in by the name of
- 14:10Louisis Scarcella. And this detective
- 14:12says he known me my entire life, that I
- 14:15was a killer, that I killed people all
- 14:17my life. He got the jury believing I'm
- 14:19this dangerous person. And they find me
- 14:21guilty after three days of deliberating.
- 14:22They draw a crazy picture. threw a very
- 14:24crazy picture. Um, so after my
- 14:27conviction, I'm going through the
- 14:29discovery. I'm going through the
- 14:30paperwork now. This is in 1992. 92. I'm
- 14:33going through the paperwork that they
- 14:34gave my lawyer during the trial. And I
- 14:37find a statement. Uh, it has this
- 14:39witness name in parenthesis, Drew Smith.
- 14:42And the statement says that she told the
- 14:45police immediately when they came to the
- 14:46scene that she was around a corner at a
- 14:50store, and when she came back, she saw
- 14:52her boyfriend dead. So the first time
- 14:54I'm saying, "Is this her?" Um, and I
- 14:58send an investigator out and they come
- 15:01back and see, "Yo, this is her." They go
- 15:03down south and they see, and she says,
- 15:04"Yes, I told the cops I never saw this
- 15:07crime." She says, "And I've been saying
- 15:08this forever, but they locked me up,
- 15:10beat me up, told me if I didn't come in
- 15:13and say this guy committed the murder, I
- 15:14was going to jail myself. I was on
- 15:16parole. Uh, the guy that died was a
- 15:19known felon, and they said I was going
- 15:21to jail for messing with him. has
- 15:22threatened to take her kids away and all
- 15:24the rest of that. Um, so I made a
- 15:26motion, a prosay motion before the judge
- 15:28before I was sentenced and I said,
- 15:30"Listen, I got a document here and this
- 15:32detective never testified at my trial.
- 15:33He was the arresting officer." Um, had
- 15:35the jury knew that this witness first
- 15:37told the cops she didn't see nothing.
- 15:39The results of the proceeding within a
- 15:40different This is the only witness that
- 15:42accused me. Now, we know that she wasn't
- 15:43even present when the murder happened.
- 15:45So, the judge screams on the prosecutor
- 15:47and says, "I want to know what the truth
- 15:48is. Did she see the murder or she didn't
- 15:50see the murder?" The prosecutor said,
- 15:52"Well, she made the statement saying she
- 15:54didn't see the murder." Our position is
- 15:56that she's seen it. Well, the judge
- 15:57said, "Well, I want to call her back in
- 15:59and I want to question her about the
- 16:01statement." We got a statement from an
- 16:02investigator saying she recaned. She
- 16:04said, "None of these things is true."
- 16:06Said, "I want to know what's the truth.
- 16:07Did she see it or she didn't see it?"
- 16:09The prosecutor like, "Well, I don't want
- 16:10to call her back." He says, "Well, if
- 16:12you don't call her back, I'm giving them
- 16:13a new trial. Let the jury hear this new
- 16:16evidence that he got. What do you think
- 16:17they would do if they hear it?" They
- 16:19call her back and she comes in and
- 16:21identify the detective Louisis Garcella
- 16:24as the person who threatened her who
- 16:25told her she was going to jail that said
- 16:28he made me do this. He said it's like a
- 16:30play. He told me everything to say and
- 16:32said Juel if you don't say this you're
- 16:34going to jail. The problem with telling
- 16:36a lie when you talk about murder is that
- 16:39the ballistics evidence and the science
- 16:41got to match, right? So her story that
- 16:43she saw me come to the door and shoot
- 16:45her boyfriend right before eyes didn't
- 16:47match because he wasn't shot there. He
- 16:49was shot outside in the street with two
- 16:51different guns, not one. So ballistics
- 16:54showed that two different guns shot this
- 16:57guy. And the first 911 call to the
- 16:59precinct said three male blacks fleing
- 17:01the red car was a murderous. She said we
- 17:03came and left on foot. Um so our story
- 17:06just didn't pan out. Um, despite all of
- 17:08this evidence that we had establishing
- 17:10that I didn't commit the crime, a judge
- 17:12didn't sentence me for a whole year. He
- 17:14kept saying, "I can't give this guy 15
- 17:16years or 25 years. If we now know this
- 17:19witness didn't see the crime," he said,
- 17:21"I'm just speaking out loud. We give him
- 17:22a new trial." He don't walk out. One
- 17:25day, he came in and just changed his
- 17:26mind. He said that he think that I
- 17:31manipulated this evidence that I'm a I
- 17:33have a string and I'm I'm a master
- 17:35puppeteer. He said, "That's pulling the
- 17:37strings and everybody is is doing what I
- 17:39want them to do." The problem with that
- 17:41was that I used a detective, his memo
- 17:43book. This was his evidence, right? He
- 17:46came in and said this. Um, so, um, I
- 17:50went upstate. I was sentenced to 25
- 17:52years of life in this case. Um, and
- 17:54again, I blew trial and again, I was
- 17:57back in the law library, man. Fouling
- 18:00every motion. That must have been
- 18:01mental, man. A mental. You lucky you
- 18:04still stay You stay insane. You stayed
- 18:05good. [ __ ] That must have been
- 18:08exhausted mentally. That was the most,
- 18:11you know, riding taking that bus back
- 18:13upstate, man. You know, was the most it
- 18:16was the most painful riot experience in
- 18:19the world, man. Because now, you know,
- 18:21you're like, "What the [ __ ] I'm back to
- 18:24this [ __ ] you know." And um, you know,
- 18:27I got back up at the first place sent me
- 18:29back to Clinton Correctional Facility.
- 18:31Um, and it was like painful, man. like
- 18:33you like and people like, "Oh, what's
- 18:36up, bro?" You like, "Man, man." You
- 18:38know, so I immediately got back in the
- 18:39law library. Um start studying again and
- 18:42studying again and studying again and I
- 18:45became even better uh than I originally
- 18:47was in law. I start helping other people
- 18:49get out. Um Julio Acad was one of the
- 18:52guys I helped get out. He's where uh 50
- 18:54Cent got his name from um because he
- 18:58Julio had killed the real 50 Cent from
- 19:00Brooklyn. He was convicted of that
- 19:02murder. I got him reversal. Um, so I was
- 19:04starting to make a name for myself, man.
- 19:06Getting people out, uh, prison and
- 19:08winning cases. But ultimately, every
- 19:11motion I filed, even though I got
- 19:12hearings, I was denied. Uh, the
- 19:14prosecutor would go to the judge and
- 19:16say, "He's a bad guy, that you better
- 19:18let this guy out, he's a criminal, you
- 19:20know, and they would they would
- 19:22prejudice the way the judges would think
- 19:24about me." Um, just just based on that,
- 19:26they deny your [ __ ] Based on that,
- 19:28judges believe that public safety,
- 19:30right? If a judge think that you a bad
- 19:32guy, forget about it. Cuz no judge want
- 19:34to sign his name on something for you
- 19:35and you go out and kill somebody or you
- 19:37harm somebody. That's the end of their
- 19:38career, right? Um and they elected the
- 19:40elected officials in New York. So judges
- 19:43were were afraid um to let me out
- 19:45because the hype um that the prosecutor
- 19:48just put my name. Um and ultimately
- 19:50every motion that I filed, even though
- 19:52the judge would agree in principle, I
- 19:54can throw this case out. The evidence
- 19:56proves this. It's on the record. He
- 19:57would deny me. Uh in 2009
- 20:01uh after 21 years in prison or something
- 20:04like that, 19 years in prison, um I
- 20:06began going to the parole board because
- 20:08I had got a previous six-year credit
- 20:11from my previous bid. So even though I
- 20:12got sentenced to 25 life, they gave me
- 20:15six years credit from my previous bid
- 20:17under something called the Richardson
- 20:18law. So I learned that, I applied for
- 20:20it, they gave it to me. So I started
- 20:22going to the parole board in 19 years um
- 20:25in 2009. At that point, I had several
- 20:30evidentiary hammers. I had a pile of
- 20:32evidence that established that I was
- 20:33innocent. I knew who the real killers
- 20:35were. I knew everything. Um, and I start
- 20:38presenting this evidence to the parole
- 20:40board. And I said, "Look, I'm innocent,
- 20:42man. I got all the evidence to prove
- 20:43him." And I said, "In fact, the judge in
- 20:45my case said it over and over again. He
- 20:47can throw the case out that the case was
- 20:49weak." And I gave them tons of evidence
- 20:52and said, "I can't have a parole hearing
- 20:54that a guilty person has, right? I need
- 20:56one that gives the innocence person the
- 20:59chance to prove their case. And they
- 21:00kept saying, "No, we don't do that." Um,
- 21:02that's not the that's not what does,
- 21:04right? They says, "No." So, when I
- 21:06challenged them under 259 seat executive
- 21:08law and I filed the 1983 civil rights
- 21:11lawsuit against them and argued that if
- 21:13I were to go ahead with my parole
- 21:14hearing that I would be prejudic, there'
- 21:16be irreparable harm, right? That they're
- 21:19going to look at me as a guilty person.
- 21:21Um and the federal court judge at that
- 21:24time uh was told that look it's
- 21:27premature that he's putting the the
- 21:30carrot before the horse. He's coming in
- 21:32and saying what's going to happen at a
- 21:33hearing when he never had it. Let him
- 21:35have the hearing. If he get hit or they
- 21:38look at him that way then we come back
- 21:39and deal with it. So after two years of
- 21:41fighting I had the hearing went back and
- 21:44um the parole board hit me with two
- 21:47years. They said take two years. So in
- 21:49the interim of that, let me just tell
- 21:50you a little bit what was going on in
- 21:52prison. Um at during that period of time
- 21:56when uh around about 2009, I went to
- 21:58Auburn Correctional Facility uh from um
- 22:02Shianga Box. And when I got to Auburn
- 22:05box, I learned that a couple of friends
- 22:07that I knew over the years from Rikers
- 22:08Island and upstate was in Auburn law
- 22:11library. And there was a guy by the name
- 22:13of Fat Danny, Danny Rencon, who worked
- 22:16the law library at that time with Nelson
- 22:18Cruz and others. And they would I would
- 22:21send down for books from the shoe from
- 22:23special housing and they would send them
- 22:25back up to me, put a little note, you
- 22:26when you get out, I want you to come
- 22:27work at the library with us or whatever.
- 22:29So when I got out the box, I went down
- 22:31to to um population and that Danny got
- 22:34me a job in the law library and they had
- 22:36something called an actual innocence
- 22:38team. in um they had guys who were
- 22:41saying they was innocent that would meet
- 22:43in the law library and try to help each
- 22:44other out. So when I got out of the box,
- 22:46I began working there with them and I
- 22:49began sharing knowledge that I had
- 22:50obtained over the years uh about
- 22:53wrongful convictions about uh innocence
- 22:56and about how to get around what was
- 22:58called procedural bars in the
- 23:00postconviction realm. Let me explain
- 23:02what that mean a little bit. So when you
- 23:03file a postconviction motion, any time
- 23:05you convicted for a crime and your
- 23:07sentence, that's postconviction. It's
- 23:09after your conviction. The conviction
- 23:11consists of your sentence and your and
- 23:13your trial, right? That's your
- 23:15conviction. So you got to file
- 23:16postconviction motions. In the motion,
- 23:18there was things that said if you could
- 23:20have filed this motion earlier, we're
- 23:22going to deny it. If you didn't do this,
- 23:24if you didn't do that, we're going to
- 23:24deny it. So there's a lot of procedures
- 23:26to kick you out of the courtroom. So
- 23:27they was denying our motions on
- 23:29procedures. They was never reaching to
- 23:30the merits of our claim. So, like me,
- 23:32I've had evidence proving I was in New
- 23:34Haven, Connecticut. Alib, hotel
- 23:36receipts, police officers, everybody
- 23:38that say, "Well, I was at New Haven when
- 23:40this murder happened." Um, guys like
- 23:42Danny had voluminous evidence, man.
- 23:45Informant said he wasn't there when the
- 23:46quad murder happened. Right. So, there's
- 23:48a lot of evidence all of us had to prove
- 23:50our innocence. Um, Shabbaka Shakur was
- 23:52another guy that was there. um and he
- 23:54had alibi evidence and we would sit
- 23:56around the law library and say, "Damn,
- 23:58we got all this evidence and judges is
- 24:00just throwing our evidence in the
- 24:01garbage." We got to come together and
- 24:03figure out a way to let society know
- 24:06what's happening to us. So, we start
- 24:08putting our families together and we
- 24:10build an organization called Family
- 24:12Friends of the Romans Convicted and we
- 24:14start sending our family members down to
- 24:16city hall while in prison in Auburn.
- 24:17Okay. So we we contacted a guy by the
- 24:19name of Lonnie Surrey, a PR guy shout to
- 24:22Lani and he would organize our families
- 24:24and they had the first rally outside of
- 24:26city hall um to bring attention to it
- 24:28and it got a lot of press and my case
- 24:32was featured in the Daily News at that
- 24:35time and it says inmate would be free if
- 24:37the court just hear his witnesses. So I
- 24:40used that to go to the parole board the
- 24:42next prince with a nice parole package
- 24:45and they looked at all the evidence
- 24:48finally and said look man sad what
- 24:50happened to you. Um despite the fact
- 24:53that you was on parole when this crime
- 24:55happened, despite the fact that you did
- 24:5810 years in special housing unit, there
- 25:00is a lot of evidence here to establish
- 25:02that you're innocent. Um and they they
- 25:04said, "Look, we're going to give you a
- 25:06shot. we wish you well in getting out
- 25:08and proving your innocence, man. But if
- 25:10you come back, it's over. Um, and let me
- 25:13go. Um, and that was 2011.
- 25:16Blessed. And when I left, I promised
- 25:20Danny, I promised Shabbaka Shako,
- 25:22Richard Rosario, um, Wayman Aaron,
- 25:25Sherman Adams, all those guys that was a
- 25:28part of this unit that we had, this
- 25:30movement, Nelson Cruz, that when I get
- 25:32out, I'm going to do everything I can to
- 25:34get you guys out, bring attention to
- 25:36this wrongful convention thing. So, I
- 25:37joined, I ran with the organization,
- 25:40started going everywhere. I immediately
- 25:42uh joined a coalition to get rid of
- 25:45Charles Hines, who was the Brooklyn DA
- 25:47at that time. Um he was one of the most
- 25:50corrupt guys I know. And we was able to
- 25:53kick him out and get a guy by the name
- 25:55of Kenneth Thompson elected uh as a
- 25:58Brooklyn DA. Uh we used to be knocking
- 26:00on project doors, man, in the hood. And
- 26:02they were like, "Man, what the [ __ ] you
- 26:03mean vote for a DA?" But I ain't going
- 26:05for no DA was lock us up. And we had to
- 26:07teach them that DA did more than just
- 26:09lock people up, right? Uh, and we got
- 26:11him in and he kept his word and he put a
- 26:13unit together. He promised that if he
- 26:15get elected, he would put a conviction
- 26:17review unit together that goes back and
- 26:19look at all these wrongful convictions
- 26:22and and and see if they was actually
- 26:24systemically racist, if they were just
- 26:26railroading blacks and Hispanics in
- 26:27Brooklyn. So, when he got in uh four
- 26:30months later, we rallied against him
- 26:32because he was taking too long and he
- 26:34began looking at these convictions. Uh,
- 26:36and my detective Lewis Garcella at the
- 26:38time was one of the people who I had
- 26:41went to the New York Times and
- 26:42complained about. Uh, and I spoke to a
- 26:45reporter by the name of Francis Rollers
- 26:47there cuz she asked, she said, "Why
- 26:49would people be afraid of cops? Are you
- 26:50kidding me? They frame people every
- 26:52day." I said, "My detective frame
- 26:54somebody in two weeks. It's going to be
- 26:56in the news." I said, "I don't know the
- 26:58guy name because a lawyer had came to me
- 27:00and said, look, I was speaking to the DA
- 27:01about your case and I asked him why they
- 27:03wouldn't reverse it." He says, "But
- 27:05there's somebody I can't tell you the
- 27:06name yet." He told me, he said, "But in
- 27:07two weeks, that same detective that
- 27:09locked you up, they going to let
- 27:11somebody out that he framed." He said,
- 27:13"Who's your lawyer?" I told him my
- 27:14lawyer was. Two weeks later, it's in the
- 27:16New York Times. David Ranter was a guy
- 27:18name that they framed. And it was all
- 27:21over the news that the detective that
- 27:23framed me framed David Rant. So, the
- 27:26reporter comes back to me and said,
- 27:28"Hey, you told me you had evidence that
- 27:30this cop did it to a lot of other
- 27:32people. Do you got those evidence? you
- 27:33got I gave a list of people and all of
- 27:35the evidence and she got the Brooklyn
- 27:37DA's office at that time, Charles Hines,
- 27:40to look at 50 convictions, including
- 27:42mines. Um, luckily for us, he got kicked
- 27:45out. Uh, Ken came in, I told you, put
- 27:47this unit together. And Ken reversed 22
- 27:51convictions in two years. Wow. And said
- 27:53there was a systemic racist problem in
- 27:55Brooklyn. Um, and he was going to change
- 27:57the way that they operated. Um, and that
- 28:00began a a a wave in New York City where
- 28:03in every district attorney's office,
- 28:05they have these units now that go back
- 28:07and look at wrongful convictions. And to
- 28:09the date, there's hundreds of people.
- 28:11So, they have this now. They have it in
- 28:13everyone. Brooklyn, Bronze, Queens,
- 28:14Staten Island. That's great. Uh, and you
- 28:17know, they doing good work uh in some of
- 28:19them on these particular cases, but it
- 28:21was our hard work and and and grassroots
- 28:24effort that got the DA out, the new one
- 28:25in. Mhm. Um so since that point in time
- 28:30uh we began working on um educating the
- 28:33public about wrongful convictions. What
- 28:36causes them? How does it happen? Yes.
- 28:38Right. A lot of people just don't
- 28:39understand you mean cops got it wrong.
- 28:41How does this happen? Right. How does
- 28:43identification go wrong? Um and we began
- 28:46looking at how and what we can do to
- 28:51change false identifications. And we
- 28:53began working with the Innocence
- 28:54Project, Rebecca Brown, and others to
- 28:57change the law that dealt with
- 29:00um what they call identification
- 29:03procedures. So what happens now is that
- 29:05the cop who makes the arrest is not
- 29:07involved in identification procedures
- 29:09whatsoever. So he's not there to tell a
- 29:11witness, pick out number two, or suggest
- 29:13to them in some way who's the person
- 29:15that should be picked out the lineup. So
- 29:17now what they do is something called a
- 29:18double blind lineup. They put a cop that
- 29:21has nothing to do with it, that don't
- 29:22know anything about the case. He's just
- 29:24doing identification procedures. That's
- 29:25true. Um, and there's no more of this
- 29:27showing a photograph before the lineup,
- 29:30right? So now when you go to line up,
- 29:32you know that the person you going to
- 29:33pick out is the person you saw in the
- 29:34photograph. These are things the cops
- 29:36used to do over and over again. Suggest
- 29:38to the witness who to pick out. So we
- 29:41found ways to limit that all together.
- 29:43Stop it. And then we talk about false
- 29:45confessions. um where cops used to hold
- 29:49people in the precinct a day or two,
- 29:51question them, stress them out, and then
- 29:53get them to confess the things they
- 29:55didn't do after they told them all about
- 29:57the crime. So, you might come in and
- 29:59say, "Hey, man, I don't know about this
- 30:00crime. I didn't do it." And the cop
- 30:02would tell you all the narrative. Oh,
- 30:03you know, they got shot with a gun.
- 30:05Uhhuh. The codefendant said you did this
- 30:07or you did that. And they telling you
- 30:08everything about it. After two ladies
- 30:10said, "Look, you know, order to get out
- 30:12of here, you got to confess, man. You're
- 30:14not going anywhere. You're going to be
- 30:15here." And a lot of weak people or
- 30:17people that just psychologically
- 30:18impaired or just can't stand those
- 30:21torturous conditions. Yeah. They
- 30:24confess. They confess. Yeah. Um so now
- 30:26what we got going is we saying that from
- 30:28the moment that a person is in police
- 30:30custody, he should be on video, right?
- 30:33And now if the cops say that the guy
- 30:35confessed, we can see the circumstances
- 30:36which made him confess, right? Not just
- 30:39taking the video at the last minute
- 30:41after all the other things happened that
- 30:43nobody know about. So we we worked on
- 30:45that. Uh we also moved to change how
- 30:49junk science was used uh in cases,
- 30:52right? They would come with fingerprints
- 30:54and tell a jury that this is 100% my
- 30:58print or your print without doubt.
- 30:59There's no scientific evidence that
- 31:02could refute that, which is not true.
- 31:04Right? Because fingerprints has now been
- 31:06proven not to be that accurate as they
- 31:08once said. So now you got to tell them
- 31:10what the error rate could be. Right.
- 31:12Right. there can be an error of this or
- 31:13that. It's not 100%. Um, and we also
- 31:17worked on discovery bills, making sure
- 31:20that when a person is arrested that the
- 31:22discovery, the information that the
- 31:24police have is turned over to their
- 31:25lawyer immediately. In my case, had we
- 31:28had that document where she first told
- 31:30the cops she didn't see the crime at
- 31:32all, I wouldn't have been convicted.
- 31:34Right? They didn't turn it over to the
- 31:35EVA trial. When our resources was gone,
- 31:38we was in trial mode, not investigation
- 31:39mode anymore, and we couldn't find out
- 31:42that it was the same person. Um, so we
- 31:44worked on changing the discovery laws
- 31:46and we did it in the name of Khalif
- 31:48Browder, uh, who individual that spent
- 31:50three years in prison for a crime he
- 31:52didn't commit. Um, got out and wound up
- 31:54hanging himself, killing himself. Oh,
- 31:56yeah. Because he was in special housing
- 31:57unit and all that. It messed his mental.
- 31:59It messed his mental. Yeah. So we did it
- 32:01we did it in in his name and we called
- 32:03it the blindfall law to we made
- 32:05discovery be turned over now within a
- 32:07certain time frame if not the sanction
- 32:09is dismissing the case. Uh so we worked
- 32:12on a lot of different um campaigns to
- 32:15try to make the the level of the playing
- 32:17field and to stop some of the things
- 32:19that was identified in wrongfully
- 32:21convicting people and educate the public
- 32:23about it because you going to be on
- 32:24juries. So, you need to know that
- 32:26prosecutors are not all that honest. Um,
- 32:28and what to look for. Um, and another
- 32:31thing that that that you know we do and
- 32:33we've been doing was actually working on
- 32:35wrongfully conviction cases, getting
- 32:37people out of prison who was innocent.
- 32:39Um, and some of the cases that I worked
- 32:40on, one is Wayne Martin. He had life in
- 32:43prison uh and he got out about six years
- 32:46ago. But the most memorable case uh is a
- 32:49guy in Louisiana by the name of Vincent
- 32:51Simmons. Vincent was locked up for 44
- 32:54years. Uh, shout out to Justin Bonis, a
- 32:56lawyer that worked on the case. Um, and
- 32:59when Justin got the letter, he was like,
- 33:01"Listen, man, we got a case um of a guy
- 33:04that was accused of raping two white
- 33:06girls in Louisiana." And me being, you
- 33:09know, ex, you know, prisoner and saying
- 33:11rape, man, I I don't know if, you know,
- 33:13I want to work on that case, man. You
- 33:14know, and Justin is a lawyer that bought
- 33:15from South Jersey. We won a lot of cases
- 33:17together and like, listen, man, this guy
- 33:19didn't do it. take a look at it. So, we
- 33:22began looking at the evidence, we seen
- 33:24that one of the females still had a
- 33:26hyman intact, that she wasn't raped at
- 33:28all. Uh, and then we got into the fact
- 33:31that when the cops arrested him, when he
- 33:34wouldn't confess, they shot him in the
- 33:36stomach, and they put him in a lineup
- 33:38with shackles on. He was the only person
- 33:39in the lineup with shackles on. And we
- 33:41got deeper and deeper in the case, and
- 33:43we saw that's crazy that that that
- 33:45Vincent was innocent, and we realized
- 33:47that who the real rapists were. It was
- 33:50her own cousin that was raping the whole
- 33:51family and we found some some stuff from
- 33:53the sister on Facebook saying it's
- 33:55messed up. He got that black man in jail
- 33:57for something he didn't do. So, we start
- 33:59finding more and more layers of evidence
- 34:01to establish that Vincent was innocent.
- 34:03We went down to Louisiana and after
- 34:05two-year battle, we got the judge to
- 34:07agree that he was innocent and got him
- 34:09out after 44 years. The brother came out
- 34:1270ome years old. Um, you know, and it's
- 34:15cases like that, man. That is he still
- 34:17alive? He's still alive. you know, he's
- 34:19out in uh Houston, Texas now. Um, you
- 34:22know, but but you know, look, 44 years,
- 34:24man, in Angola, you know, and Angola,
- 34:26one of the worst prisons in the world,
- 34:28you know, and and look, we we continue
- 34:31to, you know, fight now to change prison
- 34:33reform. Uh, I don't know if you know
- 34:35about the Brooks murder by the
- 34:37correction officers in Mari Correctional
- 34:40Facility, Round of Brooks, man. So, that
- 34:42just happened uh November. Uh, it's been
- 34:45happening, man. It's been happening
- 34:47forever, you know. So when we heard
- 34:49about that, we immediately got on the
- 34:50ground um and went down to Third Avenue
- 34:54and and protested big against the
- 34:56governor um asking for these cops to be
- 34:58arrested. Um it took them 84 days to do
- 35:01it, but we was on their neck. Um we was
- 35:04in the courtroom when indictment was
- 35:05announced and broke about them getting
- 35:07bail and being let right out. Um and we
- 35:09working now um to change um you know how
- 35:13the culture the whole culture of prison
- 35:16is crazy. Yeah. the whole culture, you
- 35:18know, so we're looking to change that
- 35:19culture, right? We're looking to to
- 35:21really the whole process, you know, like
- 35:23you know, everything is back, right? And
- 35:25then their unions is so strong they set
- 35:27the narrative, right? They struck, they
- 35:30went on strike because we was in their
- 35:32ass, right? And they start saying things
- 35:34like their lives are in jeopardy. And
- 35:37I'm saying to the governor and people
- 35:39that were
- 35:40listening, 150 prisoners died last year,
- 35:44right? 31% of them was 40 and under. Not
- 35:47one correction officer died who life is
- 35:49in jeopardy. It's definitely not theirs,
- 35:52right? It's definitely not their lives.
- 35:53So they set this narrative to make the
- 35:56public think that their lives is in
- 35:58danger, that they need more help. No.
- 36:01And my position was they strike fire all
- 36:03of them bastards cuz all they going to
- 36:04do is go back and murder people, right?
- 36:07Um two months later, what did they do?
- 36:09They killed another young man, 22 years
- 36:11old, had a fiveyear uh sentence in the
- 36:14facility across the street from Marcy
- 36:16where the first one happened. Right. So,
- 36:18you know, we've been fighting it to kind
- 36:20of like change that whole culture. Um,
- 36:22we got a couple of bills out with
- 36:23Senator Salazar that we supporting. Um,
- 36:25and we actually uh having a few more rid
- 36:28up, man. So, that you know, one, we want
- 36:30transparency, right? Uh, we want the
- 36:32attorney general to stop representing
- 36:35these prison guards that's abusive. If I
- 36:38file a lawsuit when I'm in jail and I
- 36:39says, "Officer John Edwards, bust me in
- 36:42my head." The attorney general shouldn't
- 36:43be defending them, right? States
- 36:46attorney, why are you defending somebody
- 36:47that abused me that beat me up? You the
- 36:50state's attorney. That don't make any
- 36:51sense. You spend taxpayers dollars to
- 36:53perpetrate these correction officers
- 36:55assaulting people. So, we're trying to
- 36:57change that as well. And we trying to
- 36:59make him more accountable. Right? If I
- 37:01pop off on a correction officer, bust
- 37:03him in his head, I get a new charge.
- 37:05Mhm. If he pop off on me, nothing
- 37:07happens. Right. How can that be? Right.
- 37:09He's the one with the civil service
- 37:11badge. He's the one that's supposed to
- 37:12uphold the law. Absolutely. Right. You
- 37:14supposed to punish him first to set the
- 37:16example. So, we trying to change that
- 37:18narrative as well and say, "Look, you
- 37:20know, we want these people held
- 37:21accountable. We don't want to wait till
- 37:23somebody's murdered that they got to be
- 37:25charged. Want the attorney general to do
- 37:27a job and stop defending them. Want the
- 37:29governor to call a spade a spade uh and
- 37:32tell all those unions it's over. Now you
- 37:34had however many years it was in doing
- 37:36that [ __ ] to my people. We're not
- 37:37allowing you to do it no more. So that's
- 37:39one of the coalitions you probably hear
- 37:40about that we on. Um but you know our
- 37:43job man is really just to give people
- 37:45who don't have a voice a voice.
- 37:47Absolutely. And I mentioned uh Fat
- 37:48Danny, Danny Ranc earlier, right? Shout
- 37:50out to Fat Danny. Shout out to Fat Danny
- 37:52of ours, you know. And you know Danny
- 37:54has a case like I had. Um he's convicted
- 37:57him of a quad murder. They said he
- 37:59killed four people. was a part of a crew
- 38:01that killed four people.
- 38:04Um, there was an informant in a federal
- 38:07case that told the FBI that Fat Danny
- 38:10had nothing to do with it. He wasn't
- 38:11driving the car, who actually was. Um,
- 38:14the family members of the deceased says
- 38:17Danny had nothing to do with it. All of
- 38:19the codefendants that's convicted in the
- 38:21murders said Danny had nothing to do
- 38:23with it. And in fact, the cop that
- 38:25framed him, uh, Teans, has went on done
- 38:29a lot of legal stuff in the police
- 38:30department, but he was having sex with
- 38:34the one of the females in the Morales
- 38:36family um was in their weddings and all
- 38:38that, the witnesses against him. Um, and
- 38:40he used them in three different murders,
- 38:42right? And every time the son would say
- 38:44he was going to the store to get milk
- 38:46when a murder happened. He so happened
- 38:48to be going to the store to get milk. um
- 38:50Danny cases in the Manhattan uh district
- 38:52attorney's office in that unit that I
- 38:54told you we got developed uh from that
- 38:56point uh criminal review criminal review
- 38:58unit and they had it for over three
- 39:00years. It's been sitting there despite
- 39:03all of the evidence that he didn't do
- 39:04it. It's just sitting there uh because
- 39:06Bragg and all due respect to him is just
- 39:08not a courageous prosecutor. Um Terry
- 39:11Rosenblot who he has elected to be his
- 39:13chief is not a courageous prosecutor. Um
- 39:16and and and you know we gonna keep
- 39:18fighting man. Uh shout out to Glen
- 39:21Garber his lawyer as well to Danny get
- 39:23out and we planning on uh doing a rally
- 39:26soon outside of Manhattan on behalf of
- 39:29Danny because enough is enough. Yeah.
- 39:31Right. This guy got over 30 years in.
- 39:33Yeah. 32 years in murder he didn't do.
- 39:35It's clear he didn't commit these quad
- 39:37murders. It's overwhelming evidence.
- 39:38Anybody that was involved has went on
- 39:40record to say he didn't do it. So these
- 39:42are the type of challenges we take on.
- 39:44Um, we fight him to the end. We fight
- 39:46him to the end, man. We don't walk away
- 39:47from a brother. We gonna fight that one.
- 39:48We got to get Danny out. We got to get
- 39:50Danny out, man. You know. Yeah. It's not
- 39:53That's not It's just not it. And as far
- 39:56as prison reform, did y'all implement
- 39:58anything as in regards to like uh
- 40:01getting cameras for the for the CEOs to
- 40:03have cameras inside like on a certain
- 40:05point at least on the receiving room. I
- 40:07know they probably can't have it
- 40:08throughout the whole facility, right?
- 40:09But to to you know our our our worst
- 40:12times which is like when you get to you
- 40:14get to com stop, you get to these jails
- 40:17and they put you they put your head on
- 40:18the wall for half an hour and just abuse
- 40:21you for life for no reason. For no
- 40:23reason. [ __ ] is crazy. Like and you see
- 40:25how you just said that that's the norm,
- 40:28right? The public don't know that. That
- 40:29that's the norm. Oh, that's the norm. We
- 40:31can all talk about it. We can all talk
- 40:32about We all with which with with it's
- 40:35like a it's like a underworld between us
- 40:38brothers that been convicted and been up
- 40:39top of North. Yes. We could all talk
- 40:41about what we go through when we go to
- 40:43certain facilities. Yes. Yes. And it's
- 40:45like a norm. It's a norm. Not knowing
- 40:48that that's not really It was never
- 40:50supposed to be like that. It was never
- 40:51designed to be that way. The tension
- 40:53that the correction officers create.
- 40:55Yeah. Right. They create that tension.
- 40:57Of course. Right. Immediately when you
- 40:59get off the bus, they create that
- 41:00tension soon as they look at your
- 41:01number. Yes. they talk they they only
- 41:03they on you they on you right and these
- 41:05are the people that's been entrusted
- 41:07with rehabilitating people right so we
- 41:09got to change that so yes we've the
- 41:11governor has has put millions of dollars
- 41:13in to make sure that body cams are in
- 41:16every facility right and you got to
- 41:18remember the officers I mean the
- 41:20officers that killed uh Mr. Brooks,
- 41:23Ronald Brooks
- 41:25had body cams on. They thought they was
- 41:28off. So if if it wasn't for these body
- 41:32cams and and being able to see how they
- 41:34brutalized this young man, choked him,
- 41:36kicked him and beat him. Another one, it
- 41:38would have been just another one
- 41:39unreported. Unreported. They always say
- 41:41it's unreported how he died. Right. And
- 41:43that's another problem. We saying that
- 41:45we want independent medical examiners on
- 41:47every murder that happened now, right?
- 41:49We want to know how you unreported.
- 41:50You're a medical examiner in the county.
- 41:52Of course, you don't want to tell on
- 41:53your cousin. And these little counties
- 41:55with these prisons, everybody know
- 41:56everybody. They all family. They're all
- 41:58related. They're all related, right? So,
- 42:00you can't get justice in those little
- 42:02towns because they all racist. They all
- 42:04don't like blacks and Hispanics, right?
- 42:06And they feel that they can do what they
- 42:08want to do with us. Nobody going to do
- 42:09anything to them uh because of the
- 42:11jurisdiction in their house. Right.
- 42:12Right. So, we working on changing that.
- 42:14Um, of course we working on getting as
- 42:17visual as we possibly can, but more than
- 42:19anything working on getting these guys
- 42:20out, right? Second look at, right? If a
- 42:24guy has been in prison 15, 10 years, got
- 42:27immaculate record doing the right thing,
- 42:29he should get a chance to petition to a
- 42:31judge and say, "Your honor, like I'm
- 42:33rehabilitated. This is the things that
- 42:35I'm doing." And let a judge decide
- 42:36should he go to parole. Let the parole
- 42:39board decide if he should get out.
- 42:40That's great. Right. And then we also
- 42:42working on the 55 and elder bill. Uh
- 42:44shout out to rap uh Hamza and you know
- 42:47this is their bill uh says that guys age
- 42:50out at a certain age right 55 and over
- 42:53these guys are not coming out here man
- 42:55most of them to commit a crime you know
- 42:57and we saying they should too should
- 42:59have an opportunity to go to parole
- 43:00board let a parole board decide whether
- 43:03or not they should get a shot to come
- 43:04home or not. Yeah. So, so there's some
- 43:07bills that's out um that we working on,
- 43:09man. To try to get out earlier because
- 43:11there a lot of brothers in there that's
- 43:12been in jail for a long time. Yes. And
- 43:14they old and they ain't coming home
- 43:16doing nothing but just a good job and
- 43:19live the rest of the 20some years they
- 43:20got left. You know what I mean? You know
- 43:22what I mean? Whatever they, you know,
- 43:23God bless, but that's just the truth,
- 43:25right? And um I think that's a great
- 43:27bill. I think I think everything y is
- 43:29great, man. Yeah. So, that's some of the
- 43:30initiatives that we supporting. Um, and
- 43:34you know, we got there's another one
- 43:36called challenging the wrong conviction
- 43:37act. So, one of the things that I did
- 43:40when I was in prison, and I told you
- 43:43about the procedure bars of the
- 43:45postconviction statue that was keeping a
- 43:47lot of people in prison. Yeah. In my
- 43:49case, for the first time in New York
- 43:51history in 2014, people versus Hamilton,
- 43:54the appellet division, second department
- 43:56ruled that that can't happen anymore.
- 43:58They said innocent people should have a
- 44:01forum to be heard irrespective of any
- 44:04procedure rule. They said procedure
- 44:07should never throw innocence out. So
- 44:09they said that long as you meet a
- 44:11certain criteria with the evidence of
- 44:13innocence, judges must give you a
- 44:14hearing. So that opened the doors for a
- 44:16lot of other people to be able to get in
- 44:18that was innocent. Yeah. The problem
- 44:20with the with the with the rule is the
- 44:23court of
- 44:24appeals later on modified it that says
- 44:26okay only if you want to trial. So if a
- 44:29person pled guilty and evidence come out
- 44:32now that he's innocent and he only pled
- 44:34because he was afraid of going to trial
- 44:36and being convicted that he can't come
- 44:38in and argue. So he moving to change the
- 44:40law on that as well on some court of
- 44:43challenging wrong for conviction act.
- 44:44[ __ ] I fall under that. You know what I
- 44:45mean? I was a scared young man was
- 44:48afraid. Mhm. I was like I was out there
- 44:50getting in trouble just like you was
- 44:52involving all kind of [ __ ] Right. Cuz
- 44:55that's all we was doing. Robbing and
- 44:56stealing. Hey
- 44:59every thinking nothing. That's right.
- 45:02Then got caught for something I didn't
- 45:03do. Right. And I ain't doing man. That
- 45:06[ __ ] really [ __ ] me up. I was like
- 45:07what I know I did all this and I know I
- 45:09wasn't an angel. Right. That's karma.
- 45:12Right. But I'm like damn right. I wasn't
- 45:15no way around when this incident
- 45:17happened. Mhm. And um I think that's
- 45:20great, man. I think that's that's a
- 45:21great thing, you know. So, we definitely
- 45:23trying to get that passed as well. Um
- 45:26and we continue to to like be active in
- 45:28the community. We got a town hall coming
- 45:29up in Brooklyn uh tomorrow on notion and
- 45:33dean of the church and we stay in
- 45:35communication with the community, man.
- 45:37Letting them know that together we make
- 45:39change, man. You know, if we don't
- 45:42tackle this system together, then we
- 45:45[ __ ] man. We [ __ ] I love everything
- 45:46y Local elections is the most important.
- 45:49Yeah. People don't realize that they
- 45:50worry about Trump, right? And Trump is
- 45:52not going to do much in New York City.
- 45:54We got to worry about who our local
- 45:56prosecutor is, who our mayor is, who our
- 45:58assemblyman is, who our burough
- 45:59president is, what's really what's
- 46:00really affecting us, right? On a
- 46:02dayto-day
- 46:03basis somewhere else, right? Right.
- 46:05Right. Right. He's in Washington DC in
- 46:07Florida. Absolutely. Right. We need to
- 46:08make sure terrorism and all that and all
- 46:10that. We got to make sure our elected
- 46:12officials right here got our best
- 46:14interest. making sure I can start from
- 46:16the community. It start from the
- 46:17community, man. Start from right there.
- 46:19Well, I want you, Derek. I want I want
- 46:20you I want to just uh point out that I
- 46:23love everything you guys are doing, man.
- 46:25Thank you. And you could definitely
- 46:26count me in. Thank you. You know, I I do
- 46:28a lot of, you know, a lot of work in
- 46:30regards with a lot of brothers, you
- 46:31know, going back to the prison in the
- 46:33jail system in our city, you know,
- 46:35Rakers Island. Yes. But I would
- 46:38definitely would love to, you know, one
- 46:40million% anything that you could use me
- 46:41for. Anything you could you could always
- 46:43count on me, you could reach out to CK
- 46:46manager be like, "Yo, Pete, we need
- 46:48Pistol here. We need him to be involved
- 46:50in this. This is big and and I'm there."
- 46:52Like, thank you, brother. Thank you. And
- 46:54the platform,
- 46:56in the yard, this is this is the reason
- 46:57this is created because this platform is
- 46:59for us. Yes. So for things like what
- 47:02you're doing with the brother, the great
- 47:03work that you're doing. So with that
- 47:05being said, anything that you could do
- 47:08in regards to having a commercial done,
- 47:10right? You you more no charge here. You
- 47:13know what I'm saying? We ain't doing no
- 47:15This is not anybody else giving me
- 47:17sponsors. Got you. This is for us. I got
- 47:19you. So if you create a a commercial and
- 47:22fit it in, you could contact CK, get it
- 47:24get a nice commercial of what you're
- 47:27doing with all your information and how
- 47:28the contact to make your what you're
- 47:30doing bigger and greater. Yes, I would
- 47:33love to have that. and I'mma place it on
- 47:34my um dog in the yard channel. We
- 47:37definitely do that, brother. You know
- 47:38what I'm saying? So, every time my
- 47:39episodes come up, it's there. It'll come
- 47:41up. It's there. Every time my episodes
- 47:43come up, your information how with with
- 47:46the contact for those love friends and
- 47:48family, they got they their loved ones
- 47:49in prison with, you know, with they do
- 47:52due to crime and they they want to reach
- 47:53out, they'll be able to reach out to you
- 47:54guys or anything anything that's going
- 47:56on that we might be able to help them
- 47:58with and assist them with. Appreciate
- 47:59that. You know what I'm saying? So, let
- 48:00me just tell you another one of my my my
- 48:03jobs if I should say. Um, again, another
- 48:06one of college. Um, all I got is a GED.
- 48:10Um, I studied law over 30 years. Um, I
- 48:14work in the Cardoo School of Law. Um, we
- 48:18teach forensic science and I lead a
- 48:20field clinic and supervised four lawyers
- 48:23and a bunch of students to work on
- 48:25actual innocence cases. the resources at
- 48:27this college are way more than the
- 48:30nonforprofit organization. So, we able
- 48:32to reach many more cases uh through this
- 48:35college setting than anything else. But
- 48:37I say that to say to the young brothers
- 48:40and sisters, man, coming up, you know
- 48:43that whatever it is, man, that you dream
- 48:46of doing or find a passion to do, you
- 48:48can do. Like I'm in rooms with people
- 48:51that got doctor's degrees, master's
- 48:53degrees, and everything else. And when
- 48:55they talk about the accolades, I start
- 48:56out by saying I got a GED. But
- 48:59everything I say is just as important as
- 49:01what they say. Absolutely. Um knowledge,
- 49:04you know, is is is is knowledge, right?
- 49:07It's powerful. Absolutely. So no matter
- 49:08no matter what your degrees are, pick a
- 49:10book up, man. Always educate yourself.
- 49:13I'm selftaught. Everything I ever
- 49:14learned is from picking a book up and
- 49:16finding the time to read it. um not
- 49:18going to institutions. In fact, you
- 49:20know, I love schools. I think the
- 49:21schools are very good, but I think also
- 49:24it indoctrinates you how you think
- 49:25sometimes you're not strong enough to
- 49:28have your own will. So, I believe in the
- 49:29miseducation of a negro by Carter G.
- 49:32Woodson. That's right. Right. That we
- 49:34can educate ourselves, man, to be
- 49:36whatever it is we want to be. Right.
- 49:38School ain't for everybody. Yeah. Right.
- 49:40School ain't for everybody. Some people
- 49:41going to be entrepreneurs, man, or or
- 49:43come out and and be whatever. But just
- 49:46don't give up on yourself, man. You
- 49:48know, know that you got a voice, man.
- 49:49That you perfect, man. That God made you
- 49:52in a way that you could do anything it
- 49:53is you want to do. That's fact. And
- 49:55don't be limited, man. We change the
- 49:56world. I mean, it's proven. It's right
- 49:59here. You know, you know, it's in the
- 50:02flesh right here. Living proof right
- 50:04here. I mean, person with no education.
- 50:07That's right. You know, turn around and
- 50:08change his life. Going back, giving back
- 50:10to our community, right? going back to
- 50:12our our brothers that's in in lock down
- 50:14right now that needs that chat that that
- 50:16that I needed when I was in jail. You
- 50:18know what I mean? So they could get on
- 50:19the right path and get with contact with
- 50:21their lawyers and whatever they need in
- 50:23the system and all that with all that.
- 50:24So and my yo man, listen man, this is
- 50:27it's only God's work, man. It's God's
- 50:29work, brother. You know what I'm saying?
- 50:30But you got to but it got to come from
- 50:32here. It got to be a passion. You got to
- 50:33put you got to be a passion. You got to
- 50:35be able to want it. You got to be able
- 50:36to want it. You got to be able to want.
- 50:38You know what I'm saying? And I And I
- 50:39love I love that, man. Um, you mentioned
- 50:41that you spent a lot of time in the box.
- 50:42I want to have been what was the what
- 50:44was the uh I did listen I did 10 years
- 50:47in in special housing unit man. Seven
- 50:49straight uh then three more. Um again
- 50:52man you know I was litigator right. So I
- 50:54would write up everything. I would I
- 50:55would litigate. I would sue all the
- 50:57cards or whatever. And in retaliation
- 50:59they would just keep me in the box set
- 51:01me up right. Every time I give him urine
- 51:04it was dirty. It was marijuana in the
- 51:05urine every single time. When I gave him
- 51:07water it was marijuana in the urine no
- 51:08matter what. Right. It was no justice,
- 51:12no violence. 10 years um for dirty
- 51:15urines, man. 10 years. Right. Today, the
- 51:18Hall Act prohibits that, right? Says you
- 51:20can't lock somebody up in segregation uh
- 51:23when he's not a threat to the safety and
- 51:25security of the facility, right? How do
- 51:27you do that? So, you know, today they
- 51:28can't do it anymore, but when I was
- 51:30there, man, they was giving guys years
- 51:32and years in special housing unit for
- 51:34nonviolent offenses, you know, and you
- 51:37know, the box was terrible. guys
- 51:39throwing shits, banging all day, making
- 51:41noise. So, the object was to drive you
- 51:43insane. The reason why they would put
- 51:45you in there is for you to lose your
- 51:46sanity, right? They was getting off on a
- 51:49dis- minded gods. They love to see
- 51:51blacks and Hispanics come out uh, you
- 51:53know, crazy, bugged out. They figure
- 51:55they accomplish something. Uh, God
- 51:57bless each other. Yeah. You know, but
- 52:00God bless me, man, to come out stronger.
- 52:02Absolutely. And being able to But I seen
- 52:05a lot, man, seeing guys poke their own
- 52:06eyeballs out, hang up. Yeah. Yeah. You
- 52:08know, all of that in there, man. It's a
- 52:10great umbrella. Oh, yeah. Of course.
- 52:11They know why, you know, mental health
- 52:12is important. Oh, man. You know, so
- 52:14that's, you know, you know, brothers
- 52:16come out of there picking up cigarette
- 52:17buzzing. Absolutely. And then they want
- 52:19to know why we got a stigma against
- 52:21mental health. Yeah. Because we seen
- 52:23people overmedicated, of course. God
- 52:25going in, you think he r come out
- 52:27shaking now, his hands can't stop
- 52:28moving, he's trembling, picking up
- 52:29cigarette butts. How did that help him
- 52:31going to mental health? It made him
- 52:32worse. So, you know, our experiences
- 52:35gives us, you know, reason to have pause
- 52:38when you talk about mental health. But
- 52:39I'm here to say to to anybody, man,
- 52:41that's leaving prison, right? Get
- 52:43diagnosed, man. Don't be afraid, man.
- 52:45Yeah. Don't be afraid. Mental health.
- 52:47Mental health is important. Yeah. You
- 52:48got to go, man. If you feel that you
- 52:50need it, don't be ashamed, right? Get
- 52:52it. It's okay cuz only you got to deal
- 52:53with yourself. That's right. You know
- 52:55what I'm saying? Live with yourself. You
- 52:56know what I'm saying? Ain't nobody else,
- 52:57your friends, your family. At the end of
- 52:59the day, you're going to wind up going
- 53:00to sleep by yourself. That's right. And
- 53:02it's going to be that moment where you
- 53:03you might need that help. You going to
- 53:04need it, man. We in a different time.
- 53:07That's right. I tell brothers all the
- 53:08time, we in a different time. Go out and
- 53:10get the help, man. That don't make you
- 53:11less of a man. That's right. Don't make
- 53:13Don't think for young brothers out
- 53:14there, oh man, they going to make they
- 53:16going to, you know, full they going to
- 53:18make jokes about me going No, man.
- 53:20That's right. Let them make jokes. Yeah.
- 53:22Let them make jokes, but you getting the
- 53:23help that you need. That's right. Don't
- 53:25let the joke be on you. Absolutely. You
- 53:26know what I mean? You wind up back in
- 53:28prison because you had a mental health
- 53:29episode. Absolutely. Oh, that you could
- 53:30have cured, man. I usually ask uh my my
- 53:32my guests about prison reform. You know,
- 53:35in this case, you know, I mean, you
- 53:37doing everything else that has to do
- 53:38with prison reform, you know? You know
- 53:40what I mean? I think that terminology,
- 53:42you know, look, I think that society
- 53:45owes people to get out of prison a lot,
- 53:47right? Until they begin to recognize
- 53:49that, right, and treat human beings like
- 53:52human beings, right? And I say to people
- 53:54when I'm in the room, right, because I
- 53:56always believe that the people closer to
- 53:57the problem is closer to the solution,
- 53:59right? Right. And they got people that
- 54:00never been to prison, got their own
- 54:02idea. I'm saying, "No, let's hear from
- 54:03the people that been there." They'll
- 54:04tell you what they need. Yes. Right.
- 54:06Housing, jobs, right? How does a person
- 54:08work 20 years in DMV, right, in prison
- 54:11and get out and can't get a job? DMV
- 54:14won't hire him, right? But he made
- 54:15license plates, so they worked for 20
- 54:17years. We got to change that whole
- 54:19mentality, man. We got to realize that
- 54:21you talking about Mexicans work hard.
- 54:23People from different these guys in
- 54:25prison work hard. Work hard, too. Give
- 54:27them a job. You going to see how hard
- 54:28they work. Absolutely. You know,
- 54:30everybody just need that opportunity.
- 54:31They need that opportunity, too. That's
- 54:33it. And we could work as as as hard as
- 54:35you see every other culture works. Yeah.
- 54:38You know, don't be afraid. That's what
- 54:40it's about. Don't be afraid. You know
- 54:42what I mean? Yeah. Derek, man, I want to
- 54:44thank you so much. Thanks for having me,
- 54:45brother. I appreciate you. I like the
- 54:47work that you doing. Yeah, man. To
- 54:49always have you anytime you want.
- 54:51Definitely. You know, you're more than
- 54:52welcome to come up here, dog in the
- 54:53yard, your platform, you know what I
- 54:55mean? For the brothers, man, to to to
- 54:57let it out. definitely saying to give it
- 54:59knowledge for these young brothers out
- 55:00there and all that, man. Keep up the
- 55:02good work, man. I love what you do, man.
- 55:04Anything you do, I definitely I'm here.
- 55:06I'm supportive. Anything you need, you
- 55:08can call me the the the Fat Danny. Uh
- 55:10Ratty, we going to do that. Let's do
- 55:12that. Um I want to make sure that you
- 55:14anywhere you want to elevate your
- 55:17program and everything that you do. You
- 55:19want to do a commercial, have it have it
- 55:20attached to dog in the yard. Yes. Reach
- 55:23out to CTK. All you got to do is just
- 55:25get it done. Make or not. here. Help you
- 55:27get it done. Make it make it official on
- 55:29camera and we put it up there on my
- 55:31website and anybody in the whole world
- 55:32can see it. They can get the information
- 55:34they need for those that that need it.
- 55:36We appreciate it, brother. We appreciate
- 55:37it, man. And with that, man, go ahead.
- 55:39What else you got to say, man? Free fat
- 55:40Danny, man. That's it. Free Fat Danny.
- 55:42Know, man. You already know. It's your
- 55:43boy Pistol Pete dog in the yard. Thank
- 55:45you, D. Yes, brother. Thanks for having
- 55:47me. Family and friends. Yes. Family and
- 55:49friends, y'all. All right. You already
- 55:50know it's your boy.
- 55:54What up? What up? Welcome back to Dog in
- 55:56the Yard with your boy Pistol P. First
- 55:58and foremost, I want to thank Derek for
- 56:00coming through. Appreciate you, man. I
- 56:02love what you're doing out there. Uh
- 56:04your family, your friends, Ry convicted.
- 56:06I mean, y'all moving as I see her to
- 56:09this date. You guys are got exonerated
- 56:12like 16 brothers, you know, and um it's
- 56:15big. Keep doing the great work. I'm
- 56:18ready to catch up with you. And you
- 56:20already know I'm here. The platform is
- 56:22here. Dog in the yard is here. Anytime
- 56:24you ready to come back, you already
- 56:26know. Your boy pistol dog of the y'all.
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