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Derrick Hamilton Received $7M For Wrongful Conviction — Transcript

by Lisa Cabrera · 1,590 words · 242 segments · language en · Watch on YouTube

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  1. 0:01[Music]
  2. 0:21they don't give a rat's ass about
  3. 0:24jailing innocent people they do it all
  4. 0:27the time
  5. 0:28they've done it for centuries and here
  6. 0:32we have a story of a man and this is
  7. 0:36probably way more common than uncommon
  8. 0:39in America for you you know for them to
  9. 0:42jail you over petty [ __ ] and also jail
  10. 0:45you for things you never did in the
  11. 0:47first place just like in the case of
  12. 0:50Derek Hamilton and ladies and gentlemen
  13. 0:55they got these laws rigged up in some
  14. 0:58states they can imprison you find out
  15. 1:01you're innocent and you can't do nothing
  16. 1:03or get any restitution for it so he's
  17. 1:07lucky that he's receiving seven million
  18. 1:10dollars in this whole thing because
  19. 1:12there are many that are exonerated and
  20. 1:15do not get anything barely anything and
  21. 1:19and that tells me if you got your laws
  22. 1:23rigged up that way where you won't even
  23. 1:26pay an innocent person for wrongfully
  24. 1:29imprisoned them that tells me you you do
  25. 1:32this stuff intentionally what do you
  26. 1:34have to lose if you do it nothing
  27. 1:37especially if you don't want to pay
  28. 1:39nothing and look at it this way 23 years
  29. 1:42of free prison labor so for them it's
  30. 1:46win-win even if they put you in there
  31. 1:49wrongfully this is the New York Times
  32. 1:53falsely imprisoned for 23 years now he's
  33. 1:57receiving seven million dollars this is
  34. 2:00absolutely ridiculous 20 years ago Derek
  35. 2:11Hamilton was at his lowest point locked
  36. 2:15in solitary confinement for a murder he
  37. 2:17insisted he did not commit over the next
  38. 2:21two decades he slowly crawled his way
  39. 2:23out of the belly of the beasts he became
  40. 2:28a prison house lawyer helping his fellow
  41. 2:31inmates appeal their convictions
  42. 2:3423 years later he finally persuaded
  43. 2:37prosecutors to throw out his own
  44. 2:40conviction after an eye witness recanted
  45. 2:44her testimony she should go to jail to
  46. 2:47me if you put somebody in jail falsely
  47. 2:49your ass should go to jail Wow once free
  48. 2:56he became an activist toiling to get
  49. 3:00others he believed were wrongfully
  50. 3:02convicted out of jail late last week
  51. 3:06mr. Hamilton 54 took on a new role in
  52. 3:10the long drama of his fight against
  53. 3:14injustice a successful plaintiff city
  54. 3:19officials in New York and New Haven
  55. 3:22Connecticut agreed on Friday to pay him
  56. 3:25a total of seven million dollars to
  57. 3:27settle a lawsuit he had filed against
  58. 3:31three police officers accusing them of
  59. 3:33fabricating evidence against him again
  60. 3:36that's something very common in this
  61. 3:39country you know cops planting evidence
  62. 3:42lying on police report we know is that's
  63. 3:46rampant in this country and to me if a
  64. 3:50cop is always right then he shouldn't
  65. 3:52have to lie on a police report about
  66. 3:54anything but it is to me then lying on
  67. 4:00police reports is at epidemic levels one
  68. 4:05of those officers Louis Scarcella our
  69. 4:09retired New York detective has emerged
  70. 4:12in recent years as a symbol of wrongful
  71. 4:14convictions as numerous cases he handled
  72. 4:18have fallen apart under the terms of the
  73. 4:22agreement reached on the eve of what
  74. 4:25would have been a trial in federal court
  75. 4:28in Brooklyn mr. Scarcella admitted no
  76. 4:32wrongdoing he is scheduled mr. Hamilton
  77. 4:36himself to testify at the trial so
  78. 4:40Hamilton is going to get to testify
  79. 4:43against a dirty cop that put him in jail
  80. 4:46for no
  81. 4:47even good that needs to happen more
  82. 4:49often for mr. Hamilton to pay out while
  83. 4:54substantial was not the point it'll help
  84. 4:57my family out financially he said it
  85. 5:00doesn't settle what I went through
  86. 5:02damn right mr. Hamilton added everyone's
  87. 5:07life went on for 20 years
  88. 5:10mine stopped in 1991 when he was 28 and
  89. 5:15living in New Haven mr. Hamilton was
  90. 5:18arrested by mr. Scarcella and the local
  91. 5:23police accused of having murdered a
  92. 5:26Brooklyn man
  93. 5:28Nathaniel cash whom he had known when he
  94. 5:33lived in the borough the only eyewitness
  95. 5:39against him at his trial in the state
  96. 5:43Supreme Court was mr. cash girlfriend
  97. 5:47Joel Smith who had given conflicting
  98. 5:51accounts to the police about mr.
  99. 5:53Hamilton's role in the killing still the
  100. 5:57jury convicted him and mr. Hamilton was
  101. 6:00sent away in 1992 to what soon became a
  102. 6:05series of upstate prisons he spent much
  103. 6:09of the next 23 years performing
  104. 6:12jailhouse legal work he pored over
  105. 6:17trial transcripts filing motions on
  106. 6:21behalf of other inmates and occasionally
  107. 6:25winning their Appeals at one point in
  108. 6:28Attica Correctional Facility he filed
  109. 6:32papers challenging his own long stint in
  110. 6:35solitary confinement claiming it was
  111. 6:38cruel and unusual punishment which it is
  112. 6:44in two
  113. 6:46and seven Miss Smith went to the
  114. 6:49authorities and asserted that mr.
  115. 6:50Hamilton was innocent mr. Scarcella she
  116. 6:55said had coerced her into testifying
  117. 6:59against him so he threatened the
  118. 7:01girlfriend so he threatened her and she
  119. 7:04got scared and accused an innocent man
  120. 7:07Miss Scarcella is the one that belongs
  121. 7:10in jail
  122. 7:11this seems like nobody else belongs in
  123. 7:13jail more than he belongs there eight
  124. 7:16years later the conviction review unit
  125. 7:19of Brooklyn district attorney's office
  126. 7:23asked a judge to toss out mr. Hamilton's
  127. 7:26guilty verdict prosecutors noted that
  128. 7:29Miss Smith had been unreliable
  129. 7:32untruthful and incredible in her
  130. 7:35testimony these people got a lot of
  131. 7:37nerve there is no credibility among
  132. 7:39these damn prosecutors in this country
  133. 7:42to buy the point the district attorney's
  134. 7:46office was two years into an expansive
  135. 7:50investigation of dozens of mr. scarce
  136. 7:53Ella's former murder cases looking into
  137. 7:56allegations that he had Co hers other
  138. 7:58witnesses and had threatened people to
  139. 8:02get them to confess that investigation
  140. 8:06which is ongoing has led to the release
  141. 8:09of 14 Emmys all that behind one dirty
  142. 8:12cop
  143. 8:12mr. Scarcella don't even deserve to be
  144. 8:16called mr. an has resulted in the city
  145. 8:20and state paying tens of millions of
  146. 8:22dollars to settle lawsuits against mr.
  147. 8:25Scarcella Wow
  148. 8:29this is a picture of Scarcella right
  149. 8:31here a little lousy cheating cop that
  150. 8:34put all kinds of folks in jail
  151. 8:36that didn't commit crimes and stuck them
  152. 8:39with murder charges he should get to
  153. 8:42sentence these clients got for murder
  154. 8:45that's the kind of sentence he get he's
  155. 8:48one of many dirty cops in America the
  156. 8:52district attorney's office has however
  157. 8:54maintained that mr. Scarcella was not
  158. 8:59it has not committed any punishable
  159. 9:02conduct okay so lying and falsifying
  160. 9:05information and threatening clients
  161. 9:08witnesses
  162. 9:10that's not punishable and maybe maybe
  163. 9:13not in America I could believe that
  164. 9:15or broken the law since becoming a free
  165. 9:20man mr. Hamilton has labored to overturn
  166. 9:24many convictions linked to mr. Scarcella
  167. 9:27mr. Hamilton has worked with lawyers as
  168. 9:31a paralegal to investigate facts and has
  169. 9:34helped draft lawsuits and motions in
  170. 9:37support of new trials a few years ago he
  171. 9:42founded a group called friends and
  172. 9:44family of the wrongfully convicted with
  173. 9:48another former inmate Chandi Moses who
  174. 9:55was also arrested by mr. Scarcella and
  175. 9:58was ultimately freed Wow
  176. 10:03the group met for a while at the
  177. 10:05brownstone bar and restaurant on Tillery
  178. 10:08Street in downtown Brooklyn which mr.
  179. 10:12Hamilton operated Shibata
  180. 10:16Shakur a third man arrested by mr.
  181. 10:20Scarcella and later exonerated
  182. 10:23well everybody Scarcella here arrested
  183. 10:28they were free you know that just say it
  184. 10:31all right there the three former inmates
  185. 10:36would sometimes appear at hearings where
  186. 10:39mr. Scarcella was on the stand defending
  187. 10:42his work they wore hats that said
  188. 10:45wrongfully convicted
  189. 10:46more recently mr. Hamilton has partnered
  190. 10:50with the innocent project in an effort
  191. 10:54to persuade the New York Police
  192. 10:56Department to change the way in which
  193. 10:58the officers conduct interrogations he
  194. 11:01has also undertaken a project to
  195. 11:05organize former prison inmates to work
  196. 11:08together as a voting bloc
  197. 11:12or criminal justice reform on Tuesday he
  198. 11:15was in court when a Brooklyn judge threw
  199. 11:17out the conviction of le Co de Leon in
  200. 11:24what was the 15th exoneration linked to
  201. 11:28mr. Scarcella detective work mm-hmm so
  202. 11:32he spent his whole career just grabbing
  203. 11:37random people and throwing murder
  204. 11:39convictions on him that's what Scarcella
  205. 11:41did damn mr. de Leon spent 25 years in
  206. 11:48prison for a 1996 murder committed
  207. 11:52during a botched robbery and Clinton
  208. 11:56Hill he has long maintained that mr.
  209. 11:59Scarcella fabricated his confession I
  210. 12:03know what it's like to come home and
  211. 12:07have nothing that's why I'm going
  212. 12:10mr. Hamilton said before the hearing the
  213. 12:14guy who's coming home he needs to know
  214. 12:17he's got a friend Wow
  215. 12:22so this man right here y'all is the one
  216. 12:25that fabricated all of these murder
  217. 12:27charges and put these charges on
  218. 12:30innocent people and those folks are
  219. 12:33finally 20 something years later getting
  220. 12:36out of jail this man should have long
  221. 12:38been in jail by now for what he did and
  222. 12:41I'm gonna say this again if you are a
  223. 12:44cop and you falsified a police report
  224. 12:48that should be an automatic prison
  225. 12:50system I'm sentient sorry about that
  226. 12:52automatic prison sentence and ladies and
  227. 12:56gentlemen you lucky I'm not running a
  228. 12:58place because Scarcella here I would
  229. 13:03make sure this man get the same sentence
  230. 13:06that those folks that were wrongfully
  231. 13:09convicted died I put his butt in jail
  232. 13:11for 30 years I would and I would be
  233. 13:16without parole
  234. 13:22yeah please tell me what you think I
  235. 13:23mean I'm really happy for Derek Hamilton
  236. 13:26I'm glad he was able to do something
  237. 13:28that a lot of people that are exonerated
  238. 13:31are not able to do please leave your
  239. 13:36comment and subscribe don't forget to
  240. 13:39hit on the notification bell and I'll
  241. 13:42see you on the next video peace family
  242. 13:50[Music]

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