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Fernando Bermudez and Faulty Eyewitness Identification: An 18-Year Miscarriage of Justice — Transcript

by CUNYQueensborough · 12,989 words · 1,923 segments · language en · Watch on YouTube

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  1. 0:08- Good afternoon everyone.
  2. 0:11(audience chattering)
  3. 0:14Good afternoon everyone.
  4. 0:16- [Audience] Good afternoon.
  5. 0:16- Ah, that's so much better, thank so much
  6. 0:18for being here this afternoon with us.
  7. 0:20We have a fantastic event designed for you.
  8. 0:24I wanna just take a few moments to welcome
  9. 0:26our special guests from Francis Lewis High School
  10. 0:28who are here with us today, so thank you for being with us.
  11. 0:31And our many classes here at the college
  12. 0:33who are participating in The Common Read.
  13. 0:36This is the third and final week of events.
  14. 0:39It's been very busy.
  15. 0:42We've offered 35 student events
  16. 0:44and four faculty events.
  17. 0:45We're in the home stretch and if you haven't
  18. 0:48attended any events to date or if this is your first one,
  19. 0:51know that we have more scheduled.
  20. 0:52One this afternoon and two, several more tomorrow
  21. 0:56and the following day.
  22. 0:57It's been very exciting.
  23. 0:59I wanna just take a moment to introduce myself.
  24. 1:02I'm Susan Madera, I'm the Director of The Common Read
  25. 1:05initiative here at the college
  26. 1:06and working very closely with me is,
  27. 1:10my really good friend, Dr. Jean Murley
  28. 1:12who's from the English Department
  29. 1:13and she's the Coordinator of The Common Read
  30. 1:15so I'd like to introduce her right now,
  31. 1:17and come on over.
  32. 1:22- Hi everyone.
  33. 1:23I'm Dr. Jean Murley and I teach here
  34. 1:26in the English Department at Queensborough.
  35. 1:29I recognize some of you from other events,
  36. 1:31that's wonderful and I know that we're all,
  37. 1:34we all have been reading the book,
  38. 1:35Picking Cotton and we all love it, right?
  39. 1:39It's a great book.
  40. 1:41It's a wonderful book.
  41. 1:42It's about some very, very, very crucial
  42. 1:46social justice issues, namely wrongful conviction.
  43. 1:50It's about the power of forgiveness
  44. 1:53and it narrates the story of an exoneree
  45. 1:57and the crime victim and so today,
  46. 2:00we have a very special guest for you.
  47. 2:03As Susan said, we've designed these events
  48. 2:07to support your reading of Picking Cotton
  49. 2:10and I'm gonna tell you a little bit about our guest
  50. 2:13and then he's gonna come out, but the first thing
  51. 2:15I wanna say is, please sign the sign-in sheets.
  52. 2:19There's several going around.
  53. 2:21Susan has them up there.
  54. 2:23If you don't sign the sign-in sheet,
  55. 2:24you don't get credit for being here
  56. 2:26so make sure you put your name and your Professor's name.
  57. 2:29Very, very important.
  58. 2:30Thank you for doing that.
  59. 2:31The other sort of housekeeping thing is,
  60. 2:34we are not allowed to eat or drink
  61. 2:36in this room, unfortunately, because of the upholstery,
  62. 2:40so please be mindful, no eating or drinking here.
  63. 2:46I think that's it.
  64. 2:47We have other events scheduled for this afternoon.
  65. 2:50We have a movie that we're showing about exonerees
  66. 2:53and we have events both tomorrow and Friday.
  67. 2:57So, keep on reading, keep on talking about
  68. 3:01what you are learning and keep learning
  69. 3:04about wrongful conviction.
  70. 3:05There's a lot to it.
  71. 3:06It's a very complicated issue and it's very important.
  72. 3:11As citizens, you guys, many of you, most of you,
  73. 3:15will be called to serve on a jury one day.
  74. 3:18You may get called to serve
  75. 3:20as a juror for a criminal trial, who knows.
  76. 3:24Many of you, I know, are entering
  77. 3:26the criminal justice field.
  78. 3:27It's very important that you have a balanced view,
  79. 3:31an objective view of both the positive elements
  80. 3:35of our criminal justice system and the elements
  81. 3:38that don't work, that are flawed.
  82. 3:41Criminal justice is a human endeavor
  83. 3:43and as such, it is subject to human error.
  84. 3:47So we've been learning about a type of error
  85. 3:51called wrongful conviction
  86. 3:54and I just wanna introduce now, Mr. Fernando Bermudez.
  87. 3:57He spent 18 1/2 years in New York State Prisons
  88. 4:03serving time for a murder that he did not commit.
  89. 4:08Just let that sink in for a minute.
  90. 4:11Some of you are 18 years old.
  91. 4:13How many of you are 18?
  92. 4:16Yeah, some of you are 18.
  93. 4:19So, for your lifetime, Fernando was in prison
  94. 4:24for a crime that he did not commit.
  95. 4:27He's gonna tell you all about that.
  96. 4:30I will just tell you, very briefly,
  97. 4:32that Fernando has been free,
  98. 4:35fully exonerated, declared factually innocent,
  99. 4:39since 2009.
  100. 4:42He travels the world speaking to audiences
  101. 4:46such as yourself about his experiences
  102. 4:49and he's a very strong advocate.
  103. 4:51A very strong voice for the voiceless,
  104. 4:55the wrongfully convicted.
  105. 4:58So, he's gonna share his experiences
  106. 5:01with you now, so please help me welcome
  107. 5:04Mr. Fernando Bermudez.
  108. 5:06(audience applause)
  109. 5:24- Thank you everyone for coming out today
  110. 5:25to Queensborough Community College.
  111. 5:27It's a pleasure to see all of you
  112. 5:29and welcome your attendance
  113. 5:32and we appreciate your attention.
  114. 5:38A pencil has an eraser because it represents
  115. 5:44human acknowledgment of mistakes.
  116. 5:48However acknowledgments of mistakes
  117. 5:53in criminal justice can mean the difference
  118. 5:56between life and death,
  119. 5:58freedom and loss of liberty,
  120. 6:01and one's pursuit of happiness.
  121. 6:06So what do over
  122. 6:091,736 documented cases
  123. 6:13of wrongful convictions
  124. 6:16that can not be erased tell us about
  125. 6:19our American criminal justice system today?
  126. 6:24What does this mean
  127. 6:26amid America's problem of mass incarceration
  128. 6:30in which an estimated 2.3 million people
  129. 6:34are wrongfully,
  130. 6:38well 2.3 million people incarcerated
  131. 6:41with experts stating that at least 1 to 5%
  132. 6:45of that 2.3 million population is innocent.
  133. 6:53What does this problem mean
  134. 6:56if, since 1989, when this problem has begun
  135. 7:01getting documented, they are more
  136. 7:03undocumented cases
  137. 7:06and that only 10% of all wrongful conviction cases
  138. 7:12can be resolved through DNA
  139. 7:15leaving the non-DNA cases, like myself,
  140. 7:19fighting for their lives when that sort of technology
  141. 7:23can not prove their innocence.
  142. 7:27What does it mean when
  143. 7:30the innocent
  144. 7:33in prison are also placed there,
  145. 7:36not by mistakes, but by purposeful
  146. 7:40and willful misconduct of our police and prosecutors
  147. 7:45who have been entrusted
  148. 7:48to protect and serve us
  149. 7:53against violence and against injustice.
  150. 7:58What does it mean for the public confidence
  151. 8:02of America when an innocent person
  152. 8:06is incarcerated, and the guilty
  153. 8:10go unpunished
  154. 8:11leaving the guilty capable of committing more crimes?
  155. 8:16Such as
  156. 8:20it happens in many other cases.
  157. 8:26The Common Read that you're reading today
  158. 8:29that you have read, I would hope, Picking Cotton,
  159. 8:33deals with the story of
  160. 8:35Jennifer Thompson and Ronald Cotton.
  161. 8:39Jennifer Thompson, as you know,
  162. 8:41wrongfully identified
  163. 8:45Ronald Cotton as her perpetrator
  164. 8:47after she was raped
  165. 8:49and it turns out that all along,
  166. 8:53someone else named Bobby Poole
  167. 8:56had actually committed the crime.
  168. 9:00At the heart of that story
  169. 9:01is not only forgiveness, yes.
  170. 9:03But it's also the problem highlighted
  171. 9:05by mistaken eyewitness identification,
  172. 9:08which is the leading reason why
  173. 9:11wrongfully convicted people end up in prison
  174. 9:15and why they have to fight for their lives.
  175. 9:19By extension, my case, began through that same problem
  176. 9:23of mistaken eyewitness identification.
  177. 9:27On August 6, 1991, when I'm living in Washington Heights,
  178. 9:32New York City with my parents,
  179. 9:35my life seemed full of promise, back then.
  180. 9:38I was set to enter the medical profession
  181. 9:41to atone for some mistakes I had made in my life
  182. 9:44at the age of 22, to make my parents proud,
  183. 9:49to contribute to society because I had been frustrated,
  184. 9:53as well, by not being able to get a job
  185. 9:56and I felt that a career path in the medical profession
  186. 9:58would finally give me a better chance at seeking
  187. 10:01steady employment.
  188. 10:05But my hopes and dreams, at that point,
  189. 10:09were dashed, when I'm arrested at gun-point
  190. 10:13by New York City detectives.
  191. 10:16And I'm charged with murder.
  192. 10:21Hours would pass in a police precinct before
  193. 10:25I knew about
  194. 10:28what I was being charged with.
  195. 10:32I had alibi witnesses who came forward
  196. 10:33to the precinct, and all attested to the fact
  197. 10:36that we were all together.
  198. 10:37Under no circumstances were we involved
  199. 10:39in any violence, whatsoever.
  200. 10:44I wasn't believed, despite 10 hours of interrogation.
  201. 10:48Despite the fact that
  202. 10:52all our stories connected together
  203. 10:54and my friends had not even known
  204. 10:55what I was being charged with.
  205. 11:01I believed in the American criminal justice system
  206. 11:03at that point.
  207. 11:05Having gone to private school all my life,
  208. 11:08having believed
  209. 11:12the mystical optimism of my immigrant parents
  210. 11:15who came from the Dominican Republic
  211. 11:17in search of a better life for myself
  212. 11:20and my four other siblings.
  213. 11:22I believed in that.
  214. 11:23I believed that the truth would prevail
  215. 11:25as I sat in that precinct.
  216. 11:28I believed that if I told the truth,
  217. 11:31that justice would prevail.
  218. 11:35I lived in Washington Heights where
  219. 11:37the mystical optimism
  220. 11:38of many Dominican families was tempered by
  221. 11:42the fact money making allure of people selling drugs
  222. 11:46in hopes of making it out
  223. 11:48of the inner city where I lived in.
  224. 11:53And yet, my dream was shattered
  225. 11:57because even though I told the truth
  226. 11:59I was sent to Riker's Island where now
  227. 12:01I had to fend for my self.
  228. 12:03Where I would endure physical attacks.
  229. 12:05Where I would, now, have to fight for my very life
  230. 12:09in hoping that the American criminal justice system
  231. 12:11would work
  232. 12:13as I waited for my trial.
  233. 12:16I didn't know, at that point,
  234. 12:20or at the precinct,
  235. 12:21that the witnesses
  236. 12:25had their own story to tell.
  237. 12:27And that story involved
  238. 12:30around them being near NYU on August 3rd and 4th, 1991.
  239. 12:37Efraim Lopez, 16, having absconded
  240. 12:39from a work-release program,
  241. 12:41having been punched in the face inside a night club,
  242. 12:45he sought revenge and called his friends
  243. 12:47from his West 90s neighborhood,
  244. 12:50evidence would demonstrate.
  245. 12:53These friends came and attacked
  246. 12:57the kid who punched him.
  247. 12:58Some kid from Queens, actually.
  248. 13:02On the corner, near NYU,
  249. 13:05when this fight broke out under night time conditions,
  250. 13:08which made mistaken eyewitness identification
  251. 13:12more of a possibility.
  252. 13:17Efraim Lopez had pointed out Raymond Blount
  253. 13:23to his friends
  254. 13:25and out of the confused fight that broke out,
  255. 13:28in which bottles were thrown, fists connected
  256. 13:32with people who were with Raymond Blount
  257. 13:33after Raymond Blount, himself, had punched Lopez
  258. 13:36earlier that night in the night club.
  259. 13:38A shot rang out and it killed Raymond Blount.
  260. 13:45Three friends of the deceased
  261. 13:48rushed Raymond Blount to the hospital
  262. 13:51where he was pronounced dead.
  263. 13:53And in that process, the police just gathered
  264. 13:56the teenage witnesses who were there
  265. 13:58and took them to a precinct.
  266. 13:59They had been attacked, they were hungry,
  267. 14:01they were hurting, they were sleepy,
  268. 14:04they didn't wanna be there, by their own accounts,
  269. 14:06but they were in the police precinct after this happened
  270. 14:09to them and, in one sense,
  271. 14:11they did want justice for their friend.
  272. 14:14Their acquaintance who they met that night.
  273. 14:17The three friends of the deceased, however,
  274. 14:21would choose Efraim Lopez correctly
  275. 14:23out of a mug shot identification picture.
  276. 14:26They picked him and they said this is the guy
  277. 14:29over whom this altercation began.
  278. 14:36They were in a room with the other teenage witnesses.
  279. 14:39Once they picked out Efraim Lopez,
  280. 14:41they were taken out the room
  281. 14:43and the other teenage witnesses
  282. 14:44were allowed to discuss other photographs
  283. 14:47that were being selected.
  284. 14:49A 17 year old young lady
  285. 14:52picked out my picture after picking out three people
  286. 14:55who she said resembled the shooter.
  287. 15:00And illegally, she shared my picture
  288. 15:03with the other teenage witnesses,
  289. 15:04thereby creating a psychological interplay,
  290. 15:08a reinforcement process, if you will
  291. 15:10in which, when one person said I looked familiar
  292. 15:13the other person said that as well,
  293. 15:16but then they settled on that I could be the shooter,
  294. 15:19even though they were not sure.
  295. 15:23Once this happened, my life, I would learn
  296. 15:27would take a turn for the worse.
  297. 15:31Because thereafter, the police were focused
  298. 15:35on my picture and introduced it and showed it
  299. 15:39and shared it and discussed it with all
  300. 15:41the other witnesses.
  301. 15:44Efraim Lopez, however,
  302. 15:48not knowing this process had occurred,
  303. 15:51had actually told the police
  304. 15:54and prosecutor who the real perpetrator was.
  305. 15:57Described as someone named Wool Lou
  306. 15:59from his West 90s neighborhood
  307. 16:02who came to his rescue that night,
  308. 16:03admittedly he said, after he had been punched
  309. 16:06and was embarrassed and wanted revenge.
  310. 16:09And he told them in a video taped statement
  311. 16:11on August 5, 1991.
  312. 16:13But the police and prosecutor,
  313. 16:16able at that very moment, ladies and gentlemen,
  314. 16:18to stop the illegal identification procedure
  315. 16:21from making my situation worse
  316. 16:23chose, instead, not to investigate these key leads
  317. 16:27coming from Efraim Lopez.
  318. 16:30They could have very well have gone
  319. 16:32to the 90s neighborhood
  320. 16:33and found this guy where he was living.
  321. 16:35But they didn't.
  322. 16:36Instead they focused on the picture
  323. 16:38and the illegal identification procedure,
  324. 16:40which occurred and took my picture
  325. 16:43and showed it to Efraim Lopez.
  326. 16:46Placed it in front of him and said,
  327. 16:48all right, all that other stuff you're telling us,
  328. 16:51isn't this the guy?
  329. 16:53Efraim Lopez looks up in the video, bewildered,
  330. 16:58and you could see in his face,
  331. 17:01he has this Scooby Doo look
  332. 17:04in which he doesn't know what they're trying to get at.
  333. 17:08He's like huh?
  334. 17:10And he realizes then, that there's an opportunity
  335. 17:14for him to get out of prison because he had been
  336. 17:17interrogated for over 20 hours and not free
  337. 17:19to leave a police precinct.
  338. 17:2116,
  339. 17:22facing murder charges,
  340. 17:25and so
  341. 17:26he says yeah, that's Wool Lou right there.
  342. 17:29He takes the picture,
  343. 17:31the police run with it,
  344. 17:33and now I'm at Riker's Island,
  345. 17:34as I told you.
  346. 17:36And I don't know any of this as I'm preparing for my trial.
  347. 17:38All I know, I have to survive at Riker's Island
  348. 17:40while I'm waiting for the American criminal justice system
  349. 17:43to work.
  350. 17:46And I'm fighting for my life.
  351. 17:48I'm trying to keep my sanity in a place
  352. 17:50where I know I don't belong.
  353. 17:51Thinking that if I'm patient,
  354. 17:53justice will prevail.
  355. 17:55I don't know that right before my trial begins
  356. 17:59some of these teenage witnesses are offered plea deals
  357. 18:02in which, in exchange for their own, unrelated
  358. 18:05criminal cases, those charges are dropped
  359. 18:08if they testify against me.
  360. 18:10I don't know any of this.
  361. 18:13Nor do I know that Efraim Lopez
  362. 18:14had done the same to get out of prison
  363. 18:17and not be charged in accessory to murder
  364. 18:19if he picked me.
  365. 18:22All I know is my truth.
  366. 18:24I take the stand and say it.
  367. 18:26My alibi witnesses come forward
  368. 18:28and three friends of the deceased
  369. 18:30said that I'm not the one who shot their best friend.
  370. 18:34In particular, because they said that I was too tall
  371. 18:39and big compared to what the perpetrator
  372. 18:41was described as by witnessed and 9/11 police reports.
  373. 18:44Namely, 5'10", 165 pounds, versus my 6'2",
  374. 18:49then 220 pound stature.
  375. 18:52Masked, hidden, because I'm forced to sit down
  376. 18:56in a lineup
  377. 18:58which today, should not be done.
  378. 19:00Because it influences witnesses
  379. 19:02not to make the correct identification.
  380. 19:06Not surprisingly,
  381. 19:08I'm convicted.
  382. 19:11And with a resounding pound of the gable,
  383. 19:13I'm sentenced to life in prison,
  384. 19:16shipped upstate.
  385. 19:19I'm given a green uniform.
  386. 19:22And my number becomes 928325.
  387. 19:26That's what I'm known as.
  388. 19:29At the age of 23, when I'm upstate,
  389. 19:32that's how I'm called, that's what prison I'm transferred
  390. 19:35to next,
  391. 19:37that's where I'm told to go,
  392. 19:40to go eat.
  393. 19:43When I see my family who has to drive six hours
  394. 19:46to upstate maximum security prisons.
  395. 19:52It's a horrible existence.
  396. 19:55It's a horrible existence.
  397. 19:57When your life is taken from you
  398. 19:59and your life, liberty, and the pursuit of happiness
  399. 20:03is no longer possible except if you fight,
  400. 20:07except if you get out of prison.
  401. 20:14When I arrive upstate, I start realizing
  402. 20:17that because I'm indigent,
  403. 20:18that is because I don't have a lawyer,
  404. 20:20I need to find one because my parents,
  405. 20:22now in debt from having paid a private attorney,
  406. 20:25which didn't work,
  407. 20:29now means that I have to find another attorney.
  408. 20:32So I begin writing letters
  409. 20:35and I begin trying to reach out
  410. 20:37and I begin educating myself,
  411. 20:38reading book after book trying to learn law.
  412. 20:45And a lawyer answers my cry.
  413. 20:48She became a lawyer in her late 40s
  414. 20:52after being imprisoned in Russia
  415. 20:54and she vowed that if she ever got out
  416. 20:56of her problem, for teaching Christianity in Russia,
  417. 20:59that she would become a lawyer.
  418. 21:02In her late 40s, I became her first case.
  419. 21:05And she came to my rescue.
  420. 21:07Her name was Mary Ann Di Bari.
  421. 21:09By 1993, Mary Ann Di Bari,
  422. 21:13five feet tall, blonde,
  423. 21:18the energy of a hummingbird,
  424. 21:20and the voice as if someone swallowed helium
  425. 21:27came to my rescue and she had these high heels
  426. 21:29that would clack and clack as she came to visit me
  427. 21:32and circulated the table
  428. 21:34showing me all the evidence with the excitement
  429. 21:36that she had telling me that the indictment
  430. 21:38was not worth
  431. 21:39the paper it was printed on.
  432. 21:42And she began investigating.
  433. 21:43She began doing what the police and prosecutor,
  434. 21:46by now, at my trial, had acknowledged not doing.
  435. 21:50Investigating.
  436. 21:52And she found all these teenage witnesses
  437. 21:55who said that they purposely
  438. 21:58sent me to prison to get out of prison themselves.
  439. 22:02Or, that they were, in fact, mistaken
  440. 22:05and just went along with everyone else
  441. 22:07because I resembled the shooter
  442. 22:09because I was Latino.
  443. 22:12And all these witnesses came forward
  444. 22:15and for me, it was the dawning of a new day
  445. 22:16because the same judge who sentenced me,
  446. 22:18I now felt, would now be receptive
  447. 22:20to hearing the evidence
  448. 22:22and order a new trial because my case
  449. 22:25only rested upon
  450. 22:28identification testimony.
  451. 22:30There was no physical or forensic evidence
  452. 22:32linking me to this crime.
  453. 22:35Just these witnesses
  454. 22:36who got up on the stand and lied.
  455. 22:39But, the judge didn't care.
  456. 22:42He scoffed at Mary Ann Di Bari and laughed her out
  457. 22:45of her courtroom.
  458. 22:47As if she was someone telling this emperor,
  459. 22:50the judge, that he had no clothes.
  460. 22:54And so began my legal odyssey
  461. 22:59in a criminal justice system
  462. 23:01flawed, due to mistaken eyewitness identification.
  463. 23:04Prosecutorial misconduct.
  464. 23:07And police misconduct.
  465. 23:08Which, by all accounts, had already resulted
  466. 23:11in the arrest of another innocent man
  467. 23:13by the same precinct, who would later get exonerated.
  468. 23:18But before me.
  469. 23:23And now I have to survive in prison.
  470. 23:26Because I was losing appeal after appeal.
  471. 23:31Each prisoner counts their hopes
  472. 23:33on winning an appeal.
  473. 23:35It's like a lottery in which you
  474. 23:38put the arguments forward
  475. 23:39and you hope, you pray, that your case
  476. 23:42will be heard by a court and that will reverse
  477. 23:46the circumstances which you find yourself in.
  478. 23:50But the odds are so infinitesimally small
  479. 23:53to get justice on appeal
  480. 23:57but I felt I could because I had the truth on my side.
  481. 24:02And that didn't work.
  482. 24:04Year after year would begin ticking by in prison.
  483. 24:091993,
  484. 24:1194,
  485. 24:1295,
  486. 24:1396,
  487. 24:1497.
  488. 24:17And each day felt
  489. 24:20not like 24 hours, but like 48
  490. 24:24because time in prison drags.
  491. 24:26It goes slow.
  492. 24:29You feel lost unless you try to find yourself
  493. 24:32in some meaningful way.
  494. 24:34Because you're surrounded by violence.
  495. 24:37There's people cutting and stabbing each other.
  496. 24:39There's people hanging up because
  497. 24:41they can't take it anymore.
  498. 24:43Being led out on stretchers
  499. 24:46because it's their end.
  500. 24:47It's their last stop.
  501. 24:51There's the brutality of correctional officers
  502. 24:53amid the good ones that do, indeed, exist.
  503. 24:55And there's your own mind
  504. 24:59your own mind which seeks to
  505. 25:01become your enemy,
  506. 25:04not your best friend.
  507. 25:06And you have to fight against that.
  508. 25:08And I fought against it
  509. 25:11by doing the best I could through education.
  510. 25:15Once I had Mary Ann Di Bari, and even though
  511. 25:17she didn't win, I knew I had a fight on my hands.
  512. 25:22And that's because, also, I had people
  513. 25:25that I had to live for.
  514. 25:28Not including my parents.
  515. 25:30Not just them.
  516. 25:32Not just my parents
  517. 25:33who were suffering and were in debt as a result.
  518. 25:36But for now, my wife and children.
  519. 25:40Because in prison, I was able to find
  520. 25:42a wonderful woman who believed in me
  521. 25:44and married me while I was in prison.
  522. 25:50And she brought back the faith of God
  523. 25:52in my life
  524. 25:55and she gave me these beautiful children
  525. 25:57which made me want to live when I felt like dying.
  526. 26:03And so I was able to avail myself
  527. 26:04of a college degree in which a scholarship
  528. 26:07afforded me the opportunity to earn a business degree,
  529. 26:10which I translated and put into effect,
  530. 26:13in real action.
  531. 26:15I began selling clothes in prison.
  532. 26:18I began buying clothing, say for $5
  533. 26:20and retailing it for $20.
  534. 26:23And it wouldn't just be money that would be exchanged
  535. 26:26through checks that inmates would send my wife,
  536. 26:28but more through detergent, soap,
  537. 26:33toothbrushes, toothpaste,
  538. 26:35deodorant, stamps and cigarettes,
  539. 26:39which I would accumulate in lump sum
  540. 26:41and give to my wife on prison visit
  541. 26:44so she could take it out and sell it
  542. 26:46at the bodega for some money to pay the bills.
  543. 26:48That was my way of staying sane.
  544. 26:51Of making sense of my incongruous situation.
  545. 26:57But sell as many clothes as I could,
  546. 27:00that wasn't changing my circumstances
  547. 27:02of getting out of prison.
  548. 27:05By 2000, my next hope in prison
  549. 27:09to get out
  550. 27:11was to go to federal court because the state
  551. 27:14had denied me across the board.
  552. 27:16I lost every appeal in the state.
  553. 27:18So I had to go to federal court
  554. 27:20and fight my appeal.
  555. 27:21And it seemed like the dawning of a new day
  556. 27:24because for the first time,
  557. 27:27a judge ordered the witnesses
  558. 27:28all to come forward and to reveal the reasons
  559. 27:31why they lied against me under oath.
  560. 27:34I was like, wow.
  561. 27:36I can't wait to eat the sancocho.
  562. 27:39I smell it now.
  563. 27:40I got 10 years in prison and I got my chance to be free.
  564. 27:44So I walked in handcuffed, shackled,
  565. 27:48sat down,
  566. 27:50and all the witnesses came forward
  567. 27:52and revealed the reasons why they lied.
  568. 27:54By now, they were adults in professions
  569. 27:58living their lives, some troubled,
  570. 28:00particularly Efraim Lopez.
  571. 28:03Efraim Lopez who knew who committed this crime,
  572. 28:06as I said, who told the police and prosecutor
  573. 28:10got on the stand and told the judge
  574. 28:13and the whole courtroom, packed,
  575. 28:15why he lied.
  576. 28:17And then,
  577. 28:19he shuffled past me,
  578. 28:21clink, clink, clink, clink,
  579. 28:24and stopped at my defense table
  580. 28:25and said, I'm so sorry what I did to you.
  581. 28:30And he was quickly lead away.
  582. 28:33And then my defense attorney says,
  583. 28:36what do you think about that, Fernando?
  584. 28:38And I said, I forgive him.
  585. 28:40I forgive him in the name of Jesus Christ.
  586. 28:42I forgive him, without saying it,
  587. 28:46in my heart, because at that moment
  588. 28:49it was a victory for me to release the anger
  589. 28:51and resentment that was welling inside me
  590. 28:55like something rotten.
  591. 28:57Like something that was defeating me every single day
  592. 29:00because I carried such a heavy burden in my life.
  593. 29:05It was driving me mad to have this resentment,
  594. 29:07this grudge, which was, I felt,
  595. 29:10rotting me inside.
  596. 29:12When I forgave Efraim Lopez, at that very moment,
  597. 29:16I felt like I had a little victory
  598. 29:18because I didn't let the grudge defeat me anymore.
  599. 29:24And letting go of that felt really good.
  600. 29:27And so I also thought that because I did that,
  601. 29:30spiritually speaking,
  602. 29:33that that was just part of the reason
  603. 29:36why I was going to be free.
  604. 29:39But the years would tick by again.
  605. 29:41I'm in the law library, as usual,
  606. 29:43practicing and learning the law.
  607. 29:45Reading every book to stay on top of my case
  608. 29:48and to help my lawyers out.
  609. 29:51And then the decision comes.
  610. 29:53In 2004, four years later.
  611. 29:56Me, hoping, that the birth of my second daughter,
  612. 30:01Carissa, in 2001, a year right after when I had
  613. 30:07my proceedings, would now mean a difference.
  614. 30:12Went I went to court in federal court,
  615. 30:14she was celebrating on that very day
  616. 30:16her first birthday.
  617. 30:19And I really felt that that was a good sign
  618. 30:22that the meeting coinciding with her birth
  619. 30:25on the heels of 9/11 and all the destruction
  620. 30:28that had occurred against our great country
  621. 30:31would now be significant and connected
  622. 30:36to my being released.
  623. 30:39But in 2004, I get the decision
  624. 30:43that the judge, even though he agreed
  625. 30:46that my illegal identification procedures
  626. 30:48weren't constitutional and should not have happened,
  627. 30:52even though the witnesses had all these grand
  628. 30:56inconsistencies with the prior trial testimony, he said
  629. 31:01that it wasn't enough.
  630. 31:03He, instead, chose to believe the black and white transcript
  631. 31:06of their lies, under the federal law,
  632. 31:08which is complicated more than the state
  633. 31:11and decided to keep my conviction in tact.
  634. 31:16I came back from that decision
  635. 31:20and I felt like a body without it's skeleton.
  636. 31:24I was just walking around aimlessly in prison
  637. 31:28just feeling like I was gonna die in there.
  638. 31:31That's how I truly felt.
  639. 31:35And then I decided
  640. 31:38that I needed to fight.
  641. 31:40I decided that I need to rise above my circumstances.
  642. 31:47I need to rise and transcend above what was going on
  643. 31:51in my life and look at it all.
  644. 31:56Look at the problems, the depression,
  645. 32:01me having lost 10 appeals by then.
  646. 32:03And rise above it so I can get a better look
  647. 32:08and so my problems can seem smaller.
  648. 32:11Because when we rise against
  649. 32:13and above our problems, they get smaller.
  650. 32:18You get a better look, just like you do
  651. 32:22if you go on a rooftop and things look smaller
  652. 32:24and if you keep going.
  653. 32:26And that's how I had to look at my situation.
  654. 32:29I had to rise above it.
  655. 32:31I had to go against
  656. 32:33the depression that I felt,
  657. 32:36the anger that I felt,
  658. 32:38the feelings split in three through resentment,
  659. 32:40bitterness, and anger that was festering in me again.
  660. 32:45And I had to take the leap of faith.
  661. 32:50I had to
  662. 32:52go against what I was being told and what I saw
  663. 32:57and believe that God could free me.
  664. 33:01And so I joined the choir at church.
  665. 33:03And I began singing songs and hymns
  666. 33:05and I began reading my Bible and I began
  667. 33:08just holding on to the fact that I believed
  668. 33:11that if my situation was so peculiar
  669. 33:14that surly there would be a peculiar outcome.
  670. 33:17That surly there was a higher calling
  671. 33:19that I, too, didn't even know it then.
  672. 33:25So I began writing again.
  673. 33:27And writing, and writing, and writing.
  674. 33:29Mind you, this is how out of touch with technology
  675. 33:32I was at that point.
  676. 33:33I was using a green and white screened computer,
  677. 33:37at that time.
  678. 33:38One of those big computers that you laugh at
  679. 33:40if you even saw, if you've ever seen it
  680. 33:43'cause in prison, they just tucked away
  681. 33:44with all this technology.
  682. 33:46This old technology, I should say.
  683. 33:48But I cranked out letters.
  684. 33:50I wrote people on different continents.
  685. 33:53I wrote letter after letter to state assemblymen
  686. 33:55and Senators, anyone who would listen.
  687. 33:59And I started getting attention again.
  688. 34:01And my case got publicized on Court TV for an hour
  689. 34:07followed by MSNBC running another documentary,
  690. 34:10another story, and then, the New York Times
  691. 34:14placing my case front page in 2007,
  692. 34:18which also helped to attract a new group of lawyers
  693. 34:22who said, we're gonna work pro bono
  694. 34:24the way Mary Ann Di Bari had been working.
  695. 34:28Mary Ann, by now, had gotten cancer
  696. 34:32and even though it had been in remission,
  697. 34:33she was not able, no longer, to move around
  698. 34:36New York City, the way she had been to investigate
  699. 34:39my case and to do whatever.
  700. 34:41So she just served as a consultant.
  701. 34:44And so I got this attorney from
  702. 34:47New Jersey, Seton Hall Law School
  703. 34:50and she connected with law firms in Washington D.C.
  704. 34:55And New York, all of whom began working
  705. 34:59free of charge.
  706. 35:01And this collaboration
  707. 35:04made the District Attorney's office so nervous
  708. 35:06that they began investigating my case
  709. 35:09behind my back.
  710. 35:11What they did was, they started taking
  711. 35:13the key leads that Efraim Lopez had told them
  712. 35:15in 1991, and they were trying to match it
  713. 35:19to evidence that I could be this Wool Lou guy.
  714. 35:22Well the fact is, as we already had demonstrated
  715. 35:24in our proceedings, this Wool Lou guy did exist,
  716. 35:28he fled the state in 1991, right after the murder,
  717. 35:31had changed his name
  718. 35:34and had been arrested again for some other stuff.
  719. 35:39The District Attorney's office confirmed all of this
  720. 35:43and then confirmed that when they went
  721. 35:45to go check his alibi about where he had been
  722. 35:48on the night of August 3rd and 4th, that night,
  723. 35:50he says he was in Kentucky,
  724. 35:53no he wasn't because the employment records show
  725. 35:56that where he said he worked did not exist.
  726. 35:59And anyone who worked there did not recognize him.
  727. 36:02He had no tax information to prove that he worked there
  728. 36:07and a number of other inconsistencies were demonstrated
  729. 36:09that this was the right guy all along.
  730. 36:17And so a new judge opens my case
  731. 36:22in 2008 and 2009.
  732. 36:26And for the first time
  733. 36:29in state court
  734. 36:32this judge, Justice John Cataldo
  735. 36:36opened up my case and called an evidentiary hearing.
  736. 36:39And the District Attorney's office tried to stop it
  737. 36:42but they could not.
  738. 36:43Instead, they asked for more time to investigate.
  739. 36:46And then when that time ran out,
  740. 36:49now,
  741. 36:51they have the audacity to offer me
  742. 36:55a plea bargain.
  743. 36:57I'm in the prison yard running
  744. 37:00'cause I'm a runner
  745. 37:01and I'm running in prison.
  746. 37:02And the reason I run is to calm my nerves.
  747. 37:06Because I'm a nervous wreck.
  748. 37:07Silently I carry myself with respect and distinction
  749. 37:11but inside I'm crumbling.
  750. 37:14My hands shake, I can't sleep.
  751. 37:18Suicide still pops in my head
  752. 37:19even though I thought I overcame that problem
  753. 37:21in 1992 when I first came upstate.
  754. 37:29I'm called by a correctional guard
  755. 37:32and I meet my lawyers, and they say, Fernando,
  756. 37:35the District Attorney's office
  757. 37:36wants to offer you a plea bargain.
  758. 37:38Plead guilty and offer plea form to this crime
  759. 37:42and you can go free this week.
  760. 37:46I said, what?
  761. 37:48I had 18 years in prison, at that point.
  762. 37:51And let me tell you, I wanted to go home so bad.
  763. 37:54I wanted to taste my wife's cooking
  764. 37:56because through some strange phenomenon,
  765. 37:59she has all these compartments in her head
  766. 38:02and all these recipes passed down through generations.
  767. 38:05Meatloaf, boop.
  768. 38:07Lobster sauce, boop.
  769. 38:10Spaghetti and meatballs, boop.
  770. 38:12And I wanted to taste all that good cooking.
  771. 38:14I wanted to be home with my children.
  772. 38:16I wanted to be a dad with them
  773. 38:18and I wanted to run in the park with them.
  774. 38:20I wanted to be a human being again.
  775. 38:25I wanted to feel alive instead of feeling dead
  776. 38:27in a prison, in a six by nine foot cell
  777. 38:31where you sit in a small cell and you have a toilet
  778. 38:36and the bed is right next to the toilet
  779. 38:39and your cell is right there
  780. 38:40and people just walk by
  781. 38:41and you're like a caged animal in there.
  782. 38:46Even schools come in and watch you
  783. 38:48as part of a prison project
  784. 38:51understanding program.
  785. 38:53And they all walk and they just gawk at you,
  786. 38:54these little kids look at you.
  787. 38:56Of course, they're under correctional escort
  788. 38:58but they all gawk at you.
  789. 39:01Wow somebody in a cell.
  790. 39:03You're just there, embarrassed.
  791. 39:06So I wanted to leave prison.
  792. 39:08Hell yeah.
  793. 39:09I wanted to leave prison.
  794. 39:12But I couldn't leave
  795. 39:16by bending and crushing the principles
  796. 39:18upon which I first stood
  797. 39:20which was to maintain my innocence,
  798. 39:22which was not to accept a plea bargain
  799. 39:24when it was offered in 1992
  800. 39:28on my trial.
  801. 39:31I said I'm not gonna accept that.
  802. 39:34I'd rather die in prison for the truth
  803. 39:36at the risk that if I saw a parole board,
  804. 39:39they could deny me my freedom
  805. 39:41because a parole board requires you
  806. 39:44to say you're guilty and to express remorse
  807. 39:46before they let you out.
  808. 39:48How could I do that?
  809. 39:51And yet it was against this backdrop
  810. 39:54that I said no.
  811. 39:55I'll take my chances because I believe
  812. 39:58that my faith in God is sufficient
  813. 40:00as I prayed and I cried with my wife
  814. 40:02in that trailer visit
  815. 40:04that we would make it.
  816. 40:07In addition to that,
  817. 40:09we had kept the stork flying.
  818. 40:12Fernando Bermudez, III
  819. 40:14was born in 2005 and for me, he symbolized
  820. 40:18my determination to live beyond prison
  821. 40:21and to yes, allow something great
  822. 40:25to escape even if I didn't.
  823. 40:29But I took my chances and I go before the judge
  824. 40:33and all the witnesses come forward
  825. 40:35and they, too, reveal the reasons, again,
  826. 40:37why they lied.
  827. 40:40And I couldn't believe it because here we go again.
  828. 40:43Here we go again.
  829. 40:49But this time,
  830. 40:52the detective who had been arrested,
  831. 40:54who had arrested me and who had been arrested
  832. 40:56and was also responsible for, now,
  833. 40:58the exoneration of another innocent man,
  834. 41:00another Latino male, just months separately
  835. 41:03from when I was first arrested,
  836. 41:06and who had been arrested for drugs
  837. 41:09and crashing his car and hitting two young ladies
  838. 41:13and who somehow, miraculously was still on the police force,
  839. 41:16tell me how that happens,
  840. 41:19came in and came in drunk.
  841. 41:23He came in, like, stumbling.
  842. 41:25What was wrong with this officer?
  843. 41:27What was haunting this man
  844. 41:31as he was cross examined and couldn't remember anything.
  845. 41:35What was wrong, now, with the prosecutor
  846. 41:37who, before that, had been so smug in federal court
  847. 41:41about his position about my case,
  848. 41:43and now all of a sudden
  849. 41:45is talking about, well, which wrongful conviction
  850. 41:48case are you saying that I was involved in
  851. 41:50in sending an innocent man to prison?
  852. 41:53Oh, there's more?
  853. 41:55There's more wrongful conviction cases
  854. 41:57that you're involved in?
  855. 42:02The proceeding, at grave risk, however,
  856. 42:05went in my favor.
  857. 42:08Because a month later,
  858. 42:10I'm summoned to federal court
  859. 42:13and I'm standing there, my knees shaking,
  860. 42:17a touch of global warming
  861. 42:20under my collar, 'cause this is my fate now.
  862. 42:24After 18 1/2 years, if I don't get this 11th appeal,
  863. 42:29I could die in prison.
  864. 42:33And the judge asked me to stand
  865. 42:36and I'm standing there with my knees shaking,
  866. 42:38my lawyers are just bracing me,
  867. 42:41and he says the people of the State of New York
  868. 42:42versus Fernando Bermudez, defendant, will now
  869. 42:46make it's decision.
  870. 42:49And he said,
  871. 42:51I hereby declare you, Fernando Bermudez
  872. 42:55actually innocent.
  873. 42:58And I started crying
  874. 43:01and I was just there listening to the overwhelming emotion
  875. 43:05in the court, which I didn't have to look back for,
  876. 43:08but felt.
  877. 43:15I was a free man.
  878. 43:18I was going to be free
  879. 43:22and the judge said that the prosecutor
  880. 43:25knew and should have known that he was relying upon
  881. 43:29perjured testimony.
  882. 43:31That this prosecutor
  883. 43:34had purposely sent me to prison.
  884. 43:39That the police department had employed
  885. 43:42illegal identification procedures.
  886. 43:47Duh, we've been saying this for years in court
  887. 43:50which another judge had already acknowledged
  888. 43:52but didn't free me.
  889. 43:55And that the State of New York, for the first time
  890. 43:57had admitted that it's star witness,
  891. 43:59Efraim Pinocchio Lopez
  892. 44:03was lying.
  893. 44:05They admitted this.
  894. 44:08And he declared me innocent,
  895. 44:09apologized to me,
  896. 44:12and that began
  897. 44:15my freedom.
  898. 44:19I walked out
  899. 44:22into a new world which had changed
  900. 44:24over 18 years.
  901. 44:26I had been through several Presidents, Governors.
  902. 44:29The technology had drastically changed.
  903. 44:33The cell phones, which were the size of shoe boxes
  904. 44:36were now so small in your hand.
  905. 44:41Fashion had changed.
  906. 44:441990, 91, baggy pants were in.
  907. 44:47Now it was skinny jeans.
  908. 44:50And I caught one trying to put it on.
  909. 44:53Got it up one leg,
  910. 44:55got it up the other,
  911. 44:56and I couldn't get it up my Dominican butt.
  912. 44:59So I caught a complex
  913. 45:01and I tried to pull it up but I felt like a ballet dancer
  914. 45:04in tights.
  915. 45:06And one dude said, that's the style.
  916. 45:10I said, no it's not.
  917. 45:12These feel like leotards.
  918. 45:14Then I got the right size and I started getting with it.
  919. 45:17I started realizing that instead of me dancing
  920. 45:22old school, doing the robot and all this other stuff,
  921. 45:26which can still be in style if you do it right,
  922. 45:29I needed to get my Magic Mike moves on.
  923. 45:32I needed to dance, I needed to learn
  924. 45:34how to reintegrate into society.
  925. 45:39I needed to learn how to become a human being again
  926. 45:41as I ran in a park in freedom.
  927. 45:46And I started feeling alive again.
  928. 45:48But there was a problem.
  929. 45:50There was a problem.
  930. 45:53I didn't come out of prison
  931. 45:56the same person I was.
  932. 45:58I came out of prison
  933. 46:01and my parents didn't even recognize me.
  934. 46:05My mother said (speaking foreign language).
  935. 46:09You don't even want to even speak to us.
  936. 46:12You don't even wanna come by.
  937. 46:14Well I couldn't come back to the same neighborhood
  938. 46:16where I was arrested in and I was living in Connecticut
  939. 46:19and I was trying to be a responsible father
  940. 46:21to my children, to give them the dad
  941. 46:24that they were missing.
  942. 46:26And they don't understand that.
  943. 46:29They don't understand that I was waking up
  944. 46:30in the middle of the night, sweating.
  945. 46:33That I felt anxious around people
  946. 46:35in the department store.
  947. 46:36That I had got dizzy in the department store
  948. 46:38because of all the colors and selections
  949. 46:40were overwhelming me.
  950. 46:42That I had gotten up throughout the middle of the night
  951. 46:45in many occasions and I was walking
  952. 46:46because I still felt like I was in a prison cell.
  953. 46:49A six by nine foot cell
  954. 46:50only for my wife to tell me,
  955. 46:52go back to bed, you're not in prison anymore.
  956. 46:54There's no more standing count for you.
  957. 46:57When in my mind, there was.
  958. 46:59In my mind, I was free, and yet I still felt
  959. 47:02like I was in prison.
  960. 47:04I still felt like I didn't have permission
  961. 47:06to carry money.
  962. 47:07I would catch a complex when I swiped a debit card
  963. 47:10and it wouldn't register and I felt like I was being
  964. 47:12looked at as a thief.
  965. 47:16I was embarrassed.
  966. 47:19And I was hurt because the police and prosecutor
  967. 47:25were fighting me still.
  968. 47:27Not because I hadn't won my case,
  969. 47:29but because they offered nothing.
  970. 47:31The State of New York had kicked me out with nothing.
  971. 47:34After 18 1/2 years, I was released out of prison
  972. 47:38with no money, no psychological counseling
  973. 47:42and I had to get all of this on my own.
  974. 47:4618 1/2 years of prison.
  975. 47:48There is no pencil that can erase that damage.
  976. 47:52Let me tell you.
  977. 48:00And I realized that I needed psychological counseling.
  978. 48:03Because I was diagnosed with Post Traumatic Stress Disorder.
  979. 48:07Because my heart would beat fast.
  980. 48:10Because I felt like I didn't belong in society.
  981. 48:14And so I started getting that.
  982. 48:16And at the same time, I started going to college
  983. 48:19and I earned my bachelors degree.
  984. 48:22And I continued trying to educate myself, as well.
  985. 48:26And equally important, I started sharing my story
  986. 48:29as a form of employment.
  987. 48:31I started devising a way to support myself
  988. 48:34in that, if I couldn't find a job,
  989. 48:38then I needed to tell my story.
  990. 48:41And I started cold calling universities.
  991. 48:44I started dialing and telling my story on the phone.
  992. 48:47And some people were receptive.
  993. 48:48I would show them newspaper clips.
  994. 48:49I would send it to them by way of email,
  995. 48:51links, 'cause I learned how to do links
  996. 48:53and all this stuff now.
  997. 48:53'Cause a computer, the internet had not existed
  998. 48:56and now all the sudden, we got this internet
  999. 48:59and I didn't understand when the screen would say,
  1000. 49:02failed error detected, I was like what does that mean?
  1001. 49:05All these different technological things.
  1002. 49:07And everyone's texting.
  1003. 49:08All these texting, omg, lol,
  1004. 49:11people talking to themselves
  1005. 49:13and I realize it's Bluetooth technology.
  1006. 49:16It was a world that just confused me.
  1007. 49:17It took me by surprise.
  1008. 49:23And I started writing and the next thing I know,
  1009. 49:24I'm getting these lectures.
  1010. 49:26I even cold called Jean Murley
  1011. 49:30and that way we met, and we got to talk.
  1012. 49:33And I've been here several times since.
  1013. 49:38It is the story, not only of forgiveness,
  1014. 49:40that is essential with what you go through
  1015. 49:43and what I went through
  1016. 49:44and how I have to put that aside.
  1017. 49:47But also the story of determination
  1018. 49:49and perseverance that strikes at the heart
  1019. 49:52that whatever adversity we face
  1020. 49:54as human beings, that we have to also fight for
  1021. 49:59to get our rights as human beings.
  1022. 50:03And that's what I do.
  1023. 50:05I'm an advocate with my children.
  1024. 50:07It's not just me, it's myself and my children
  1025. 50:10and my wife who we travel the world
  1026. 50:13and nationally, to share our stories.
  1027. 50:15To end the death penalty because we know
  1028. 50:18that up to 147 or more people have been released
  1029. 50:23from death row who were innocent.
  1030. 50:27What pencil can erase that?
  1031. 50:31Because once you're dead, it's over.
  1032. 50:36We advocate to change the laws
  1033. 50:40up in Albany with the politicians up there
  1034. 50:44so that they can change the laws.
  1035. 50:47To prevent things like forcing people
  1036. 50:50to sit down to hide their height and weight
  1037. 50:54difference so that witnesses,
  1038. 50:56if a suspect stands, can make a better identification.
  1039. 51:01We're working to change that.
  1040. 51:03We're working to hold corrupt police
  1041. 51:06and prosecutors accountable because what happened to me
  1042. 51:11and the over 1,700 documented wrongful conviction cases
  1043. 51:15since 1989, and those, that have not been documented
  1044. 51:19before and those who are estimated to still
  1045. 51:22be wrongfully incarcerated in the 1 to 5% range
  1046. 51:26out of the 2.3 million people we got incarcerated
  1047. 51:30presents a human rights and social justice problem.
  1048. 51:34That needs to be addressed.
  1049. 51:38So I find no better way to live
  1050. 51:40than through the action
  1051. 51:43of what happened to me and preventing it
  1052. 51:46from someone else.
  1053. 51:48And we also fight to get appropriate
  1054. 51:51and any compensation for those
  1055. 51:53who've been wrongfully convicted.
  1056. 51:54Because you would think that upon getting out,
  1057. 51:57with New York State having compensation laws,
  1058. 51:59that is giving people some monetary help
  1059. 52:03to help get their lives together,
  1060. 52:06that even though it's in the legislation
  1061. 52:08that it would be that simple.
  1062. 52:09But it's not.
  1063. 52:11It's not.
  1064. 52:14I had to fight for 5 1/2 years
  1065. 52:17before I got my compensation
  1066. 52:19and the state fought me at every turn.
  1067. 52:22At every turn they fought me and forced me
  1068. 52:25to relive my case all over again.
  1069. 52:28That is, I was being interrogated
  1070. 52:30for up to 10 hours.
  1071. 52:32The way I was in the police precinct.
  1072. 52:34Where they wanted to know everything
  1073. 52:35from my childhood
  1074. 52:37to my adulthood
  1075. 52:38just to see how they were not paying me
  1076. 52:42for the 18 1/2 years I've been through hell.
  1077. 52:45Which is why we seek to hold
  1078. 52:48corrupt police and prosecutors accountable.
  1079. 52:52There are stories, today, like Steven Avery's
  1080. 52:54The Making of a Murderer,
  1081. 52:56that make more people aware
  1082. 52:58of this wrongful conviction problem.
  1083. 53:00Jennifer Thompson's book, Picking Cotton,
  1084. 53:03demonstrates the danger of mistaken
  1085. 53:06eyewitness identification
  1086. 53:07and all the host of problems that it can create.
  1087. 53:11But the damage that wrongful convictions cause
  1088. 53:15is not so simple as just giving a person
  1089. 53:18a check and
  1090. 53:21compensating them.
  1091. 53:22It's not so simple as allowing this person
  1092. 53:25to just be free again and to get on with their lives.
  1093. 53:30The police and prosecutors
  1094. 53:33those who purposely sent innocent people to prison
  1095. 53:36must be held accountable.
  1096. 53:39They have an ethical responsibility
  1097. 53:42to uphold the law
  1098. 53:45and to make sure that no innocent person should suffer.
  1099. 53:51When they don't do that,
  1100. 53:53they erode the public trust and confidence that we,
  1101. 53:56as citizens, have
  1102. 53:58to protect us from this happening again.
  1103. 54:02To one of us, to one of your children,
  1104. 54:05to one of your relatives.
  1105. 54:11What it does to every human being
  1106. 54:13to be wrongfully incarcerated
  1107. 54:17is that
  1108. 54:19it can kill you inside in certain ways.
  1109. 54:23You live with an anxiety of knowing what happened to you
  1110. 54:26that no matter what, you just can't shake off.
  1111. 54:31My friend, Daryl Hunt,
  1112. 54:34just died.
  1113. 54:40He did 19 years in prison.
  1114. 54:43He just died, man.
  1115. 54:45I was in North Carolina
  1116. 54:47and I was at the Healey Justice Center,
  1117. 54:50which Jennifer Thompson created
  1118. 54:52who wrote the book, Picking Cotton evolved
  1119. 54:54and we were waiting for Daryl Hunt.
  1120. 54:57One of the reasons I moved to North Carolina
  1121. 55:02is because I wanted to work with Daryl Hunt
  1122. 55:06and I wanted to work on the criminal justice reform
  1123. 55:08there and everywhere else
  1124. 55:11and he had cancer.
  1125. 55:15And he had been so stressed out over what happened to him.
  1126. 55:18We were at the retreat and we got news
  1127. 55:24that Daryl Hunt, who was supposed to be there,
  1128. 55:29was found in a car dead near Wake Forest University.
  1129. 55:33And there stood his empty seat.
  1130. 55:36Now we knew where my friend, Daryl Hunt,
  1131. 55:39the first exoneree, who took me out to lunch
  1132. 55:42when I was just free for a couple of months,
  1133. 55:45why he didn't show up and why we can't work together.
  1134. 55:55There have been over 10 exonerees in the last two years
  1135. 55:59that have died.
  1136. 56:00Heart attacks.
  1137. 56:02(quiet crying)
  1138. 56:08Strokes.
  1139. 56:11Suicide, man.
  1140. 56:13Because it gets hard to live with what happened to you.
  1141. 56:18It's not about just so easy getting back with your life.
  1142. 56:21They do damage to you no pencil can erase.
  1143. 56:28And people take advantage of you when you're innocent.
  1144. 56:33You deal with people in the world, they know you're innocent
  1145. 56:34they think you're a good boy, you can be taken advantage of.
  1146. 56:44But I'm determined.
  1147. 56:46I'm determined
  1148. 56:48that I'm going to continue living my life out loud
  1149. 56:53that I'm going to pick up and work through
  1150. 56:57Daryl Hunt's legacy to help him
  1151. 57:01because I'm not the only one.
  1152. 57:03We have to stand together.
  1153. 57:06And we have to fight.
  1154. 57:09Not just here but globally.
  1155. 57:16The book, Picking Cotton,
  1156. 57:18speaks about forgiveness, redemption,
  1157. 57:23and the opportunity to use that story
  1158. 57:27as one agent of change.
  1159. 57:30I wanna be that agent.
  1160. 57:32I'm gonna continue devoting my life
  1161. 57:35right now, I am developing a real estate
  1162. 57:38development project which, from North Carolina,
  1163. 57:43will become the Fernando Bermudez Innocence Scholarship Fund
  1164. 57:47and this fund, through the profits
  1165. 57:49received through the real estate development
  1166. 57:51that I'm involved in
  1167. 57:53and am learning more and more about
  1168. 57:56will provide a scholarship to students
  1169. 57:59who win an award winning essay
  1170. 58:02and they will receive X amount of money
  1171. 58:05and their mission will be
  1172. 58:08to volunteer their life in some way,
  1173. 58:10for a certain amount of time,
  1174. 58:12to an innocence project or some wrongful conviction cause.
  1175. 58:17I'm gonna put my money where my mouth is.
  1176. 58:19And I'm gonna put my experiences
  1177. 58:21where they need to be.
  1178. 58:23Because whether it's you, or anyone else
  1179. 58:25in this audience, we want to fight together
  1180. 58:29with you against this problem of wrongful convictions.
  1181. 58:34I see no better way to live
  1182. 58:36and it's the legacy that I'm creating
  1183. 58:38for my children to carry over
  1184. 58:40as they travel with us and have been affected too.
  1185. 58:46My daughter, Carissa, 14,
  1186. 58:48she's distracted now with all the different technology
  1187. 58:52and all the different things that happened.
  1188. 58:53But let me tell you, she's a lawyer, at heart.
  1189. 58:57And that's what she wants to do.
  1190. 58:59My son, Fernando, 10 years old now,
  1191. 59:03has been affected by this situation.
  1192. 59:05I'm not embarrassed to say,
  1193. 59:08that to this day because he's so concerned
  1194. 59:10that if I leave him too long, I might go to prison,
  1195. 59:12that he still sleeps with us.
  1196. 59:15I'm not embarrassed to say that I'm just concerned
  1197. 59:17that if he doesn't stop, he'll have a mustache.
  1198. 59:22And my eldest daughter, Shayla,
  1199. 59:2523 just gave us our second grandson.
  1200. 59:30So I'm a grandfather, twice, now.
  1201. 59:34And all of us, our family, will continue fighting.
  1202. 59:37Because what happened to me shouldn't happen to anyone.
  1203. 59:41And I encourage you, that whenever you're in the darkness,
  1204. 59:45the boredom, the frustration of your studies,
  1205. 59:49when life tells you that you can't,
  1206. 59:51let me tell you that you could.
  1207. 59:54Let me tell you that you can rise above
  1208. 59:56your circumstances
  1209. 59:57and get that perspective, as I did.
  1210. 1:00:01And see the problem for what it is.
  1211. 1:00:03Something smaller, but not greater
  1212. 1:00:06and bigger than yourself.
  1213. 1:00:08Be good to yourself when you make mistakes.
  1214. 1:00:11Learn from them, 'cause I've made mistakes
  1215. 1:00:13upon my release, as well.
  1216. 1:00:15I just got cheated by a corrupt contractor.
  1217. 1:00:19But I'm gonna take him to court.
  1218. 1:00:21And that fight is not over.
  1219. 1:00:23And the fight is not over against wrongful convictions.
  1220. 1:00:27So I ask you today, Queensborough Community College,
  1221. 1:00:31to evaluate Picking Cotton beyond it just being a good read.
  1222. 1:00:37To evaluate what forgiveness means in life.
  1223. 1:00:40What mistaken eyewitness identifications mean
  1224. 1:00:42for our criminal justice system as a leading cause.
  1225. 1:00:45And what you, after reading and hearing my story today,
  1226. 1:00:48can do to become an agent of change.
  1227. 1:00:52If I have no excuse, why should you?
  1228. 1:00:56Thank you.
  1229. 1:00:57(audience applauding)
  1230. 1:01:07- [Student] Well the question is,
  1231. 1:01:07what are major issues it seems you had to go through
  1232. 1:01:11that can help me inspire new characters in chapters
  1233. 1:01:16for a book involving someone who was also, not although
  1234. 1:01:20wrongfully convicted, that is in prison though.
  1235. 1:01:24- Okay.
  1236. 1:01:25It's the structure of a book.
  1237. 1:01:27It's the skeleton of a book where you have to fill in the,
  1238. 1:01:30yeah, I mean certainly you always have your protagonist
  1239. 1:01:33and antagonist and regardless of the background,
  1240. 1:01:35guilt or innocence, there's always, I would think,
  1241. 1:01:38the hope that there's a level of redemption
  1242. 1:01:40in that character development's life.
  1243. 1:01:43Sometimes, and really it doesn't matter
  1244. 1:01:46what you have done, it matters what you become
  1245. 1:01:50as a result of that.
  1246. 1:01:51There's no excuse, really,
  1247. 1:01:54for horrendous crimes that have happened
  1248. 1:01:57and things like that, you can't take back that damage.
  1249. 1:02:01It's horrible but how do you redeem yourself?
  1250. 1:02:04What do you do when that circumstance is part of your life
  1251. 1:02:08or you were responsible for it.
  1252. 1:02:11What were the elements that helped you connect
  1253. 1:02:14to what becomes your story?
  1254. 1:02:16Was it faith?
  1255. 1:02:17Was it personal disgust?
  1256. 1:02:19Was it
  1257. 1:02:21your love for your own children
  1258. 1:02:23and now you see through their eyes
  1259. 1:02:24and empathize the type of damage you've done
  1260. 1:02:27when perhaps you were too blinded or drug induced
  1261. 1:02:31or any other reason that put you in that position
  1262. 1:02:34in the first place?
  1263. 1:02:36You have to have elements that acquire the character
  1264. 1:02:38development of that particular person.
  1265. 1:02:45- [Susan] We have another question?
  1266. 1:02:49- [Student] Recently on the news
  1267. 1:02:51they have been talking about shutting down Riker's Island.
  1268. 1:02:54Being that you've been there and you've seen, first hand,
  1269. 1:02:57the brutality and everything that goes on,
  1270. 1:02:59do you agree with that?
  1271. 1:03:03- Well I agree with shutting it down.
  1272. 1:03:04The problem is, where you gonna put everybody?
  1273. 1:03:08The thing is, what you really need,
  1274. 1:03:10is you need a revamping, a reform
  1275. 1:03:13of that correctional department.
  1276. 1:03:14I've been in there.
  1277. 1:03:1591, 92 I was there.
  1278. 1:03:17And then I was there for my court proceedings
  1279. 1:03:19where I was there a few weeks.
  1280. 1:03:21And it's like the same old, same old,
  1281. 1:03:23except the gangs change, but yet the disposition
  1282. 1:03:26for anger and violence, etc, is still there.
  1283. 1:03:29So is the correctional officer brutality.
  1284. 1:03:33What do you do?
  1285. 1:03:34You have to have a determined effect.
  1286. 1:03:37Laws are created in our society to provide
  1287. 1:03:41a push against repeating this sort of behavior again.
  1288. 1:03:44If there's no consequences or accountability,
  1289. 1:03:47just like wrongful convictions, then they can happen again.
  1290. 1:03:50Those who are responsible for not upholding the law,
  1291. 1:03:53even a correctional setting,
  1292. 1:03:54need to be held responsible.
  1293. 1:03:56And recently, that is starting to happen,
  1294. 1:03:57which is why, as you said, they are calling for reforms
  1295. 1:04:01and the closing of Riker's.
  1296. 1:04:04I think people need to be held financially
  1297. 1:04:06and socially liable for this type of destruction
  1298. 1:04:11'cause people have died in Riker's Island
  1299. 1:04:13and they haven't even been convicted of a crime.
  1300. 1:04:15What if, for some reason, you end up in Riker's Island,
  1301. 1:04:19say you're caught with some pot or something,
  1302. 1:04:22pot smokers, that's a whole nother subject,
  1303. 1:04:24medical marijuana in Colorado and what they do,
  1304. 1:04:26that's a whole nother subject.
  1305. 1:04:27But what if you're caught?
  1306. 1:04:28You get sent, you go to central booking,
  1307. 1:04:29and then you don't post bail, you get sent
  1308. 1:04:31to Riker's Island.
  1309. 1:04:32Just for something like that,
  1310. 1:04:34you could end up, now killed, 'cause you're
  1311. 1:04:36at Riker's Island.
  1312. 1:04:40It's so important to provide a safe atmosphere
  1313. 1:04:43for every person who's arrested and to give them
  1314. 1:04:46the opportunity to also change their lives.
  1315. 1:04:48- [Student] Do you feel like there should be
  1316. 1:04:49a separation in there?
  1317. 1:04:51Because I know there's low-level criminals
  1318. 1:04:54as well as those that committed felonies,
  1319. 1:04:56they're all put into one area.
  1320. 1:05:00- Yes, absolutely because you have people
  1321. 1:05:02for drug crimes, and you have people
  1322. 1:05:04who are convicted of serial murders, murders, etc.
  1323. 1:05:08And now you have all these people grouped together.
  1324. 1:05:10The mindset of different people facing different time,
  1325. 1:05:13in itself, can create a combustion.
  1326. 1:05:15Which, when explodes, can lead to dire consequences.
  1327. 1:05:19So yeah, I think there should be a separation.
  1328. 1:05:21- [Student] Thank you.
  1329. 1:05:27- [Student] You spoke about forgiving Efraim Lopez
  1330. 1:05:30for his wrongful testimony, if you will.
  1331. 1:05:33Do you think your thought process would have changed
  1332. 1:05:35if he did not show any remorse for his actions?
  1333. 1:05:44- I think it would have changed after I got out.
  1334. 1:05:47I think it would have changed then,
  1335. 1:05:48because I was dealing with the problem
  1336. 1:05:50of holding so much anger and stuff,
  1337. 1:05:53but when he did that,
  1338. 1:05:55it broke me on a level that I wasn't expecting
  1339. 1:05:57because I had been trying to forgive him
  1340. 1:05:59and all the witnesses who put me in prison.
  1341. 1:06:02Because I was on a Christian walk
  1342. 1:06:04in which I was reading about forgiveness,
  1343. 1:06:07I was learning about forgiveness
  1344. 1:06:08and I wanted to carry that out.
  1345. 1:06:10But I was having trouble doing it.
  1346. 1:06:12He did that, when he said that to me,
  1347. 1:06:15he helped create a change in me right then and there
  1348. 1:06:19because it's what I wanted to do.
  1349. 1:06:22And if he was man enough to do that in open court
  1350. 1:06:24the way he did, then I had to search my own self
  1351. 1:06:28for what I could do as a result.
  1352. 1:06:39- [Student] I wanted to know how was it meeting
  1353. 1:06:42Jennifer Thompson and Ronald Cotton?
  1354. 1:06:44Like what words did you exchange
  1355. 1:06:46and, since you had similar experiences?
  1356. 1:06:51- Yes, well I met Jennifer and Ronald Cotton years ago.
  1357. 1:06:54We do innocence movement work
  1358. 1:06:56so we travel nationally and we meet at different events.
  1359. 1:06:59And once I moved to North Carolina,
  1360. 1:07:02then I met her more personally
  1361. 1:07:06because that's where she lives.
  1362. 1:07:09We was able to be sociable, her and her husband.
  1363. 1:07:12Her husband got me a talk at his university
  1364. 1:07:14and then she said, she said I want you to be part of
  1365. 1:07:17the Healing Justice Foundation.
  1366. 1:07:18You're an exoneree and we could use your consultation.
  1367. 1:07:22But just as important, she invited me
  1368. 1:07:24to the Healing Justice Retreat.
  1369. 1:07:25The first of it's kind and which, just last week,
  1370. 1:07:28just a few days ago,
  1371. 1:07:30Sunday, the day that we heard the bad news
  1372. 1:07:32about Daryl Hunt, actually,
  1373. 1:07:34that he was found dead.
  1374. 1:07:35We were all together and there was several exonerees,
  1375. 1:07:39Ohio man who spent time in prison
  1376. 1:07:41for a crime he didn't commit,
  1377. 1:07:42one from D.C. who had gotten out
  1378. 1:07:44through the parole board but never had been exonerated
  1379. 1:07:46and is working on it.
  1380. 1:07:47Another one who was from Virginia and like two others,
  1381. 1:07:51including a female who had been released from Death Row
  1382. 1:07:55and who was declared innocent.
  1383. 1:07:56In addition to crime victim families
  1384. 1:07:59who were there and dealing with their own suffering.
  1385. 1:08:02And it was great.
  1386. 1:08:03It was great connecting her on this level
  1387. 1:08:05because it's a program that is going to help people
  1388. 1:08:09who have trauma to help understand it
  1389. 1:08:12and start working on trying to heal from it
  1390. 1:08:15through a group support system, in which,
  1391. 1:08:16we even had a licensed therapist there.
  1392. 1:08:18Because some people would break out
  1393. 1:08:20and would have to leave the room
  1394. 1:08:22with uncontrolled emotion because reliving
  1395. 1:08:25some of this stuff is not easy.
  1396. 1:08:27So it was a great opportunity and we're going to do more
  1397. 1:08:30work together, this is just a beginning.
  1398. 1:08:32In fact, I was just with Daryl Hunt
  1399. 1:08:34and Jennifer Thompson in Washington D.C.
  1400. 1:08:37Where we were working with the Attorney General there
  1401. 1:08:40and other people so we can bring the reforms
  1402. 1:08:43that we need to our criminal justice system.
  1403. 1:08:46Including states that give no compensation
  1404. 1:08:49to those who they've wronged.
  1405. 1:08:51I'm gonna say that again.
  1406. 1:08:52Some states give no compensation
  1407. 1:08:55to those who've been wrongfully incarcerated.
  1408. 1:08:58And that's a shame.
  1409. 1:09:04Yes?
  1410. 1:09:07- [Woman In Audience] So Ronald was able to connect
  1411. 1:09:10with Jennifer.
  1412. 1:09:11Were you able to connect with anybody after
  1413. 1:09:14you were exonerated for anybody who's accused you?
  1414. 1:09:18- No, due to my ongoing cases,
  1415. 1:09:20I can not converse or have any contact with them.
  1416. 1:09:23But I do know Ronald Cotton.
  1417. 1:09:25Ronald Cotton is a nice man.
  1418. 1:09:28Haven't met him in North Carolina, itself.
  1419. 1:09:30I think he still lives there,
  1420. 1:09:32but he had had a stroke two years ago,
  1421. 1:09:34so he had dropped out.
  1422. 1:09:35When I saw him, he was in bad shape
  1423. 1:09:37and I just hope that he's in better health.
  1424. 1:09:43Yes?
  1425. 1:09:44- [Student] I would like to know your thoughts
  1426. 1:09:45on The Central Park Five case and since it relates
  1427. 1:09:49to wrongful, faulty eyewitness testimony,
  1428. 1:09:53what are your thoughts about that?
  1429. 1:09:54The Central Park Five case?
  1430. 1:09:56- Yes, well their case didn't, yeah.
  1431. 1:09:59I know them personally, and we've worked together
  1432. 1:10:01in some instances and
  1433. 1:10:03it's a good documentary that they came out with,
  1434. 1:10:06which has ignited the public imagination
  1435. 1:10:08and public knowledge about this wrongful conviction problem.
  1436. 1:10:12And the long battle that they had to be compensated.
  1437. 1:10:16It took them over 10 years to be compensated,
  1438. 1:10:19and not only that, the damage,
  1439. 1:10:21the damage that happened in their lives
  1440. 1:10:23as young men.
  1441. 1:10:25These young men were in their teens
  1442. 1:10:28when this happened to them.
  1443. 1:10:30And then it also speaks to the gravity
  1444. 1:10:33and consideration that we should all have
  1445. 1:10:35to the political candidates that we have at the fore
  1446. 1:10:38in our political race for presidency.
  1447. 1:10:41For example,
  1448. 1:10:42Donald Trump, you know what he's doing.
  1449. 1:10:46You know how he's thumping.
  1450. 1:10:48Let's take it back.
  1451. 1:10:49In 1989, when this case first happened,
  1452. 1:10:52when New York City was a hotbed of crime,
  1453. 1:10:54which from 1989 until 1993,
  1454. 1:10:57there was over 2,000 homicides in New York City each year.
  1455. 1:11:00That's the context in which I was arrested in, as well.
  1456. 1:11:04But Donald Trump, at that time,
  1457. 1:11:06put a big billboard condemning the Central Park Five
  1458. 1:11:10and essentially calling for their execution.
  1459. 1:11:13But was he right?
  1460. 1:11:15No.
  1461. 1:11:17These men were proven innocent.
  1462. 1:11:19So what does it mean for someone to have
  1463. 1:11:21that sort of judgment and then to be elected President?
  1464. 1:11:24What kind of rush to judgment may have he had
  1465. 1:11:26if we get into a conflict with another country?
  1466. 1:11:29What misjudgment, what misfiring may he have
  1467. 1:11:34in his political ammunition and strength?
  1468. 1:11:36What does it mean for our country
  1469. 1:11:38if he did such a grave mistake, then.
  1470. 1:11:40And to this day, speaking about redemption,
  1471. 1:11:43forgiveness, and so forth,
  1472. 1:11:44he hasn't even apologized to them.
  1473. 1:11:48So that's how the Central Park case
  1474. 1:11:50strikes me the most, besides knowing them personally
  1475. 1:11:53and how they suffer, still.
  1476. 1:11:55And what does it mean for the imagination
  1477. 1:12:00and public discussion we need on this.
  1478. 1:12:02- [Student] Thank you.
  1479. 1:12:05- [Student] Hi.
  1480. 1:12:10I think that both you and I can agree
  1481. 1:12:12that prisons, as they are now, are in a dismal condition.
  1482. 1:12:16Besides exonerations, what would be the reforms
  1483. 1:12:19that you would like to see, not just in the law,
  1484. 1:12:22but in prison life and mentality?
  1485. 1:12:27- Well the kind of prison reforms that I would like to see
  1486. 1:12:30is certainly to
  1487. 1:12:32expand the prison education programs.
  1488. 1:12:35I was a beneficiary of the prison,
  1489. 1:12:38the TAP and Pell grants, when they existed,
  1490. 1:12:40before they were taken away in 1995.
  1491. 1:12:44I was able to get an associates degree
  1492. 1:12:46and just that alone, from that experience,
  1493. 1:12:48from 1995 and to now, be able to get more private education,
  1494. 1:12:52in 2008 through another prison scholarship program,
  1495. 1:12:57I seen the transformation of human lives
  1496. 1:12:59inside prison in remarkable ways.
  1497. 1:13:01Guilty and innocent.
  1498. 1:13:03I'm talking about men who have, to date,
  1499. 1:13:06gone on and earned their doctorate's degree
  1500. 1:13:08as a result of getting that foundation of education
  1501. 1:13:11in prison.
  1502. 1:13:12I'm talking about statistical empirical evidence
  1503. 1:13:14which shows that those who get a college education
  1504. 1:13:18in prison are less likely to return to prison
  1505. 1:13:22because they've prepared themselves.
  1506. 1:13:24Educationally, with a different attitude
  1507. 1:13:27and marketable skills, which in large part,
  1508. 1:13:29allow them to become leaders and become marketable
  1509. 1:13:32out in the employment place.
  1510. 1:13:34So, education in prison is something
  1511. 1:13:37that I feel needs to be refunded in greater ways.
  1512. 1:13:41It's something that would help improve the lives
  1513. 1:13:46of society because these men and women
  1514. 1:13:48who get these college educations in prison
  1515. 1:13:51come out and become taxpayers,
  1516. 1:13:55they become more productive,
  1517. 1:13:56they become better family orientated individuals
  1518. 1:14:01and they just, overall, have a better chance of success.
  1519. 1:14:03That's my first reform, and of course,
  1520. 1:14:06nipping problems such as drug and substance abuse
  1521. 1:14:08because a lot of people in prison, as well,
  1522. 1:14:10and what I call a land of bad decisions
  1523. 1:14:12because let's face it, people make bad decisions
  1524. 1:14:14and in some instances, they end up in prison.
  1525. 1:14:17But some of that is based upon drug and substance abuse
  1526. 1:14:20and if you don't address those problems
  1527. 1:14:22while in prison, then you're gonna come out,
  1528. 1:14:23you're still gonna be an addict, then what's gonna happen?
  1529. 1:14:26You're gonna end up in prison.
  1530. 1:14:27So those two things, education and
  1531. 1:14:30the drug and substance abuse funding
  1532. 1:14:32should be part of the funding.
  1533. 1:14:34- Thanks. - You're welcome.
  1534. 1:14:36Yes?
  1535. 1:14:37- [Student] What happened to Wool Lou and where is he now?
  1536. 1:14:40- Wool Lou is still free.
  1537. 1:14:42He's living his life, I would say,
  1538. 1:14:44still thumbing his nose at justice
  1539. 1:14:47even though the judge said in his decision
  1540. 1:14:49that the police and prosecutor, by all means,
  1541. 1:14:51know who actually committed this crime.
  1542. 1:14:54And to this day, they haven't done anything.
  1543. 1:14:57The way I look at it,
  1544. 1:14:58this case is a cold case in that,
  1545. 1:15:02it's never been solved.
  1546. 1:15:03If a case hasn't been solved,
  1547. 1:15:04by definition, then it becomes a cold case.
  1548. 1:15:08And that means that there's still a murderer
  1549. 1:15:09out there walking around and this person
  1550. 1:15:13is capable of committing more crimes
  1551. 1:15:16and this person should be arrested
  1552. 1:15:19and it hasn't happened.
  1553. 1:15:20It hasn't happened, it's a disgrace
  1554. 1:15:23that this person has been allowed to be free.
  1555. 1:15:30- [Student] You said that one of your lawyers
  1556. 1:15:32had cancer. - Yes.
  1557. 1:15:34- [Student] How is she and was she there to see
  1558. 1:15:38when you was pronounced innocent?
  1559. 1:15:41- Yes.
  1560. 1:15:42Well Mary Ann, who is my spiritual mother,
  1561. 1:15:49who nurtured me in so many ways throughout my incarceration
  1562. 1:15:51coming to visit me, offered me an opportunity
  1563. 1:15:54to write her letters and call her
  1564. 1:15:56and just all the fighting that she did,
  1565. 1:15:59she had gone through several bouts of cancer,
  1566. 1:16:01which went in remission and then finally,
  1567. 1:16:03last year, she died.
  1568. 1:16:05She died, she couldn't take the fight anymore
  1569. 1:16:07and she died of cancer and I was there with her
  1570. 1:16:11right before she died and
  1571. 1:16:14it's interesting because she always had hoped
  1572. 1:16:17the best for me and she wants me to go to law school
  1573. 1:16:20and it's something that
  1574. 1:16:21when you have kids, it's hard to do.
  1575. 1:16:23But I'm not putting anything out of the ordinary, still.
  1576. 1:16:29When I fought to get my house in North Carolina,
  1577. 1:16:34the real estate agent said that he didn't think
  1578. 1:16:35that I would get the asking price.
  1579. 1:16:38And I did all my homework and I shot the best price
  1580. 1:16:40that I could, and Mary Ann said that I could do it.
  1581. 1:16:42Well, when I came back from making my last offer,
  1582. 1:16:46and I was on my way back to Connecticut,
  1583. 1:16:50we got the news that Mary Ann had died
  1584. 1:16:55and seconds later, I kid you not,
  1585. 1:16:59our real estate agent called and says,
  1586. 1:17:02you got the house on the hill.
  1587. 1:17:04We don't know how you did it,
  1588. 1:17:05someone was looking over you,
  1589. 1:17:08and I just thought of Mary Ann.
  1590. 1:17:11'Cause he didn't think we could get that price.
  1591. 1:17:16- [Student] I've read a statement saying
  1592. 1:17:19unforgiveness is the poison that you drink
  1593. 1:17:22waiting for the other person to die.
  1594. 1:17:24What advice would you give someone
  1595. 1:17:26who's struggling with unforgiveness?
  1596. 1:17:29And do you think that the reason why
  1597. 1:17:32you could have moved forward is because
  1598. 1:17:34of your faith in God, Jesus Christ?
  1599. 1:17:40- Yes, of course.
  1600. 1:17:41I deal with a lot of stuff in my head.
  1601. 1:17:47Sometimes I feel like I'm trapped in my own house.
  1602. 1:17:51Still dealing with things and forgiveness
  1603. 1:17:53was something that I had to deal with,
  1604. 1:17:55and even then, I still have to.
  1605. 1:17:57Whenever I get angry at the people,
  1606. 1:17:58because, see this is the context,
  1607. 1:18:00to this day, the prosecutor has been let off the hook.
  1608. 1:18:05So I want you to just understand how,
  1609. 1:18:07even though I've forgiven those teenagers
  1610. 1:18:10who put me in prison, and even though I've sought
  1611. 1:18:13to forgive the prosecutor,
  1612. 1:18:15he's never gotten punished for what happened.
  1613. 1:18:18He's not been held accountable.
  1614. 1:18:19Not even the court's been held accountable.
  1615. 1:18:21The only people that the courts are holding accountable,
  1616. 1:18:23to this day, is the police department.
  1617. 1:18:25Where was the prosecutor who had
  1618. 1:18:28every opportunity to stop this case from going forward?
  1619. 1:18:31However, I know that I have to seek forgiveness
  1620. 1:18:36from others and give it myself, as well,
  1621. 1:18:41because I can't live with that anger and bitterness
  1622. 1:18:43and grudge inside me.
  1623. 1:18:45It makes you miserable.
  1624. 1:18:48You can't progress.
  1625. 1:18:50I can't be a father to my kids being an angry dude.
  1626. 1:18:55You just can't.
  1627. 1:18:55You don't have that innocence that you need for children
  1628. 1:19:00by being so angry and having a grudge.
  1629. 1:19:02So I had to forgive.
  1630. 1:19:04Anger, it can make you physically sick
  1631. 1:19:07through the grudge that you hold to unforgiveness.
  1632. 1:19:10There's a physiological process
  1633. 1:19:12that actually occurs.
  1634. 1:19:14You get this adrenaline pumping in you.
  1635. 1:19:16You get this cortisol, these bad hormones
  1636. 1:19:19that really deteriorate your health.
  1637. 1:19:22And so I don't want part of that.
  1638. 1:19:24So I just strive to forgive.
  1639. 1:19:26I pray.
  1640. 1:19:27I pray for my enemies and I still run to exhaustion
  1641. 1:19:31when I need to.
  1642. 1:19:35Yes?
  1643. 1:19:36- [Student] What was your hardest adjustment
  1644. 1:19:39when you came home.
  1645. 1:19:41Like in Picking Cotton, he was almost
  1646. 1:19:43kind of afraid to, he wanted always an alibi,
  1647. 1:19:47he had to be with people, is that something
  1648. 1:19:49that you have also had trouble with?
  1649. 1:19:51- Absolutely, I've even coined the term for myself,
  1650. 1:19:53which I call alibi explanation.
  1651. 1:19:55It's more academic term in my writings
  1652. 1:19:59and for me, one of the problems that I had
  1653. 1:20:00is that I may over explain things too much
  1654. 1:20:03and I'll give details about things
  1655. 1:20:05and then I'll even reference it.
  1656. 1:20:06Like I'd say, if you don't believe me,
  1657. 1:20:07ask such in such, or ask such in such.
  1658. 1:20:10And I realize now, in self-evaluating myself
  1659. 1:20:12that it's because I told the truth in the precinct
  1660. 1:20:16and for so long that I wasn't believed,
  1661. 1:20:18that now, it almost feels like I have to have an alibi.
  1662. 1:20:22I have to have support just in case I'm not believed.
  1663. 1:20:25Even though I know I'm telling the truth.
  1664. 1:20:27And it's something like, where, if I'm eating gum,
  1665. 1:20:30you're not gonna see me dumping a piece of gum
  1666. 1:20:32on the sidewalk.
  1667. 1:20:33That gum is going inside, right here.
  1668. 1:20:36We're gonna flush it in the toilet
  1669. 1:20:37because nobody's gonna get my DNA.
  1670. 1:20:40Or I'm gonna go to an ATM and take some money
  1671. 1:20:43out on purpose or just play with it
  1672. 1:20:45so I can get a receipt.
  1673. 1:20:47That way, that receipt shows me in the camera
  1674. 1:20:50and I have a receipt as well.
  1675. 1:20:51It shows me in the camera and it shows me,
  1676. 1:20:53so someone try to say I did something in another state,
  1677. 1:20:56while I'm in North Carolina in Wal-Mart.
  1678. 1:20:58Mind you, trying to get spray cans for my graffiti art,
  1679. 1:21:01which is the other thing I'm doing for therapy.
  1680. 1:21:03I do graffiti art, so I got my token
  1681. 1:21:06New York City subway token.
  1682. 1:21:09For real.
  1683. 1:21:14- [Student] You built a family in prison.
  1684. 1:21:16How did you meet your wife and realize you loved her?
  1685. 1:21:20- Well this is the (laughing)
  1686. 1:21:22come on, man, the romancer.
  1687. 1:21:29This tells you the dangers of watching television.
  1688. 1:21:33It was a national story, my wife was living
  1689. 1:21:35in Oklahoma and she saw me on TV
  1690. 1:21:38and she wrote me letters.
  1691. 1:21:38She investigated and found me.
  1692. 1:21:41Next thing I know, I get this letter,
  1693. 1:21:42and she wants to come visit me.
  1694. 1:21:44And she came to visit me and we fell in love.
  1695. 1:21:47And then we got married in the early years of my,
  1696. 1:21:50early beginning of my incarceration
  1697. 1:21:52and she just, I knew she was the one because
  1698. 1:21:56out of all the other females I had coming to visit me
  1699. 1:21:58when I was first locked up,
  1700. 1:22:00she brought God into the picture.
  1701. 1:22:01Other girls was talking about,
  1702. 1:22:03when you get out, we'll go do this.
  1703. 1:22:05She brought God.
  1704. 1:22:07'Cause I was going back and forth.
  1705. 1:22:09(audience applauding)
  1706. 1:22:10Yeah, praise God.
  1707. 1:22:11Let me tell you, she brought it real.
  1708. 1:22:13She brought the proverbial,
  1709. 1:22:15Proverbs 31 woman to the fore.
  1710. 1:22:18If you ever read the Bible,
  1711. 1:22:19Proverbs 31, just read that.
  1712. 1:22:21She brought that to my life
  1713. 1:22:23and then she brought these babies.
  1714. 1:22:26She brought, look at.
  1715. 1:22:32Look at the, my first daughter right there, right above me,
  1716. 1:22:34Shayla, married to her Brazilian husband.
  1717. 1:22:38She left college 'cause she, listen.
  1718. 1:22:42I came home, let me tell you real quick.
  1719. 1:22:44I came home, she didn't know me anymore.
  1720. 1:22:47She got scared.
  1721. 1:22:47I was in my room, I was in my son's room,
  1722. 1:22:50I was going through stuff.
  1723. 1:22:51She didn't think I loved her
  1724. 1:22:53so she dropped out of college
  1725. 1:22:55and got in love with her high school sweetheart.
  1726. 1:22:57They were the prom people.
  1727. 1:23:00She got married to him.
  1728. 1:23:01They produced,
  1729. 1:23:03right there, little Noah.
  1730. 1:23:04The little kid right next to my son
  1731. 1:23:06who's next to my wife.
  1732. 1:23:08So he came in, and then he already had a baby,
  1733. 1:23:12his daughter right there, so that's her stepdaughter
  1734. 1:23:17and then, my daughter, Carissa, next to me right there
  1735. 1:23:22on the other side, to the far right
  1736. 1:23:26is my daughter Carissa, and then my grandson,
  1737. 1:23:28my second grandson was born.
  1738. 1:23:31Gianno Robert King.
  1739. 1:23:33And so she brought me this into my life.
  1740. 1:23:37I'm one of the few previous exonerees
  1741. 1:23:39who was able to have a family in prison.
  1742. 1:23:42And it's because I believe that our creator
  1743. 1:23:44has given the spaces between our hands
  1744. 1:23:46so we can hold the hands of another
  1745. 1:23:48in life.
  1746. 1:23:51And so we could support each other
  1747. 1:23:53and so we could pull each other up when we're down.
  1748. 1:23:58(audience applauding)
  1749. 1:24:03That's my family right there.
  1750. 1:24:04And that's my son who if he don't stop sleeping with us,
  1751. 1:24:06he's gonna have a mustache, right there,
  1752. 1:24:09with the white and black shirt.
  1753. 1:24:23- [Student] When you got released,
  1754. 1:24:24what was the first struggle that you faced
  1755. 1:24:28and when journalists interviewed you,
  1756. 1:24:33what was your first reaction?
  1757. 1:24:38- I was bewildered in just getting out.
  1758. 1:24:40I mean it had been a struggle in which
  1759. 1:24:41I felt part of the institutional furniture.
  1760. 1:24:46You live in prison so long that you become
  1761. 1:24:49accustomed to that, not because you want to,
  1762. 1:24:51but because it feels like you're gonna,
  1763. 1:24:53that's it, you're in there,
  1764. 1:24:55you don't feel like you're gonna get out.
  1765. 1:24:57And so it became something where,
  1766. 1:25:00with reporters, I just expressed my happiness
  1767. 1:25:02in getting out and what my plans were.
  1768. 1:25:04And then I also made it clear, in the public,
  1769. 1:25:07that I wanted to start getting speaking engagements.
  1770. 1:25:09'Cause I needed to find employment.
  1771. 1:25:11And some of that helped.
  1772. 1:25:14And it helped me, as well, because let me tell you
  1773. 1:25:16how it helped, through journalism.
  1774. 1:25:20I've got a fundraiser.
  1775. 1:25:21I get out of prison, right.
  1776. 1:25:22And I got a fundraiser, 'cause I need money.
  1777. 1:25:24I got no money, so I got this fundraiser
  1778. 1:25:27online with these Irish guys.
  1779. 1:25:29Come on St. Paddy, come over here,
  1780. 1:25:31we have a fundraiser for you, sir.
  1781. 1:25:33We can have some fun here.
  1782. 1:25:34So I get there, we have fun.
  1783. 1:25:36Listen, Miguel Cotto, a boxing champ,
  1784. 1:25:39signed some gloves, Leon Spinks signed some gloves for me.
  1785. 1:25:43Pieces of Yankee Stadium were donated.
  1786. 1:25:45I had tickets to the Hard Rock Cafe,
  1787. 1:25:47all these different places donated stuff
  1788. 1:25:49because they heard about my story.
  1789. 1:25:54It helped,
  1790. 1:25:55but now I need a car 'cause I need to get to places,
  1791. 1:25:57I need to get to college.
  1792. 1:25:59I'm trying to finish my bachelors degree.
  1793. 1:26:01And so, I go to a,
  1794. 1:26:04a dealership and I go in there and they say,
  1795. 1:26:06you got no credit, where you been?
  1796. 1:26:09Who are you?
  1797. 1:26:10You got no credit, we just can't give you a car.
  1798. 1:26:14So I told them, I said, but I got a story.
  1799. 1:26:16So I took out the newspaper clippings
  1800. 1:26:18and I started showing them.
  1801. 1:26:19Next thing I know, I'm having like a audience
  1802. 1:26:21in the car dealership and they gave me the car.
  1803. 1:26:25(audience laughing and applauding)
  1804. 1:26:27Yeah!
  1805. 1:26:29I got a Nissan.
  1806. 1:26:31I mean I had to put a down payment,
  1807. 1:26:33but they gave me this low interest
  1808. 1:26:34and they gave me some credit so they threw in some extras.
  1809. 1:26:37That's how the news helped me.
  1810. 1:26:38'Cause I was able to show them the paperwork.
  1811. 1:26:43(laughing)
  1812. 1:26:56- [Woman In Audience] When you were in prison,
  1813. 1:26:58and you think you're gonna be there
  1814. 1:27:00for the rest of your life,
  1815. 1:27:03how do you deal with,
  1816. 1:27:07understandably not even other people,
  1817. 1:27:10but to know you'll never feel grass on your feet again,
  1818. 1:27:14or dive into the ocean,
  1819. 1:27:16how did you deal with things like that?
  1820. 1:27:20- Reading.
  1821. 1:27:22I read countless books in which,
  1822. 1:27:24as Emily Dickens would say,
  1823. 1:27:26a book is a gate which helps take you to lands
  1824. 1:27:29undiscovered, and I would read books
  1825. 1:27:32and I would have this little map
  1826. 1:27:34in which I would barnacle it with
  1827. 1:27:36all these little places that I would read about
  1828. 1:27:39and I would write little fun facts.
  1829. 1:27:42Like cork was discovered in the Mediterranean,
  1830. 1:27:46this is the highest mountain in Japan, Mt. Fuji.
  1831. 1:27:50All these different little notes and I would read.
  1832. 1:27:51I would imagine going to these places.
  1833. 1:27:54And it kept me going as a human being
  1834. 1:27:56'cause I said, one day I could travel
  1835. 1:27:57to these places.
  1836. 1:28:00If I get out of prison.
  1837. 1:28:01And so it would help my imagination.
  1838. 1:28:04Which I would read about these places
  1839. 1:28:06and concepts and ideas and battles.
  1840. 1:28:09Inspirational stories of people
  1841. 1:28:10who overcome odds, people who were trapped in icebergs.
  1842. 1:28:13If you read the Endurance, Ernest Shackleton,
  1843. 1:28:16they had it tough.
  1844. 1:28:17They were stuck out there eating dog food.
  1845. 1:28:22Dogs as the food.
  1846. 1:28:26You learn to get inspiration through literature
  1847. 1:28:28and that's what happened to me.
  1848. 1:28:30And so when I got out, I'm gonna tell you
  1849. 1:28:32how it connects, also.
  1850. 1:28:34When I got out, sure enough, I started learning
  1851. 1:28:38different languages and I started trying
  1852. 1:28:40to get to these places and to this day,
  1853. 1:28:42I've had lecture tours throughout Japan,
  1854. 1:28:46France, Italy, Germany,
  1855. 1:28:48I've been to Sweden,
  1856. 1:28:50been to Canada, traveling.
  1857. 1:28:54Because I imagined the stuff in prison
  1858. 1:28:57and I learned the culture so when I got there,
  1859. 1:29:00I was able to connect there with the audience.
  1860. 1:29:03So if the Japanese tell me, I'll be like,
  1861. 1:29:07(speaking foreign language)
  1862. 1:29:09Thank you very much.
  1863. 1:29:11And they love that 'cause you're connecting
  1864. 1:29:12with their culture and that's what literature did for me.
  1865. 1:29:16(audience applauding)
  1866. 1:29:23- [Joan] Any other questions?
  1867. 1:29:25Yes.
  1868. 1:29:29- [Student] How did you converse with the other cell mates
  1869. 1:29:31in Riker's and in the upstate prison you were sent to?
  1870. 1:29:34Did you have any issues with them
  1871. 1:29:35or did you try to tell them I am innocent?
  1872. 1:29:39- You were kinda low even with the microphone.
  1873. 1:29:40- [Student] Oh, how did you converse with the other
  1874. 1:29:41cellmates from Riker's and when you went to Upstate
  1875. 1:29:43Albany Prison and things like that?
  1876. 1:29:45- Well sometimes very carefully 'cause people
  1877. 1:29:47can have delusions in prison so you gotta be careful
  1878. 1:29:50how you speak to people.
  1879. 1:29:52'Cause they could just, the slightest thing
  1880. 1:29:54could be taken, are you trying to disrespect me?
  1881. 1:29:57So you have mental problems.
  1882. 1:29:59That's one of the problems with the mass incarceration
  1883. 1:30:01problem that we have with over 2.3 million people.
  1884. 1:30:04Some of the mental asylums have been downsized
  1885. 1:30:06and they caused people to come to prison.
  1886. 1:30:08So how I talked to them really,
  1887. 1:30:09at ever level, is with respect.
  1888. 1:30:12I tried to be respectful to everybody
  1889. 1:30:14and I just tried to mind my business
  1890. 1:30:16and if someone catches delusion,
  1891. 1:30:18I tried to sort of like, kind of moon walk it backward.
  1892. 1:30:23Because I don't want no trouble
  1893. 1:30:24with big Bubba who weighs 400 pounds.
  1894. 1:30:27When I sold clothes in prison,
  1895. 1:30:28if you sell clothing, I sell clothes to big Bubba
  1896. 1:30:31who weighed 300 something pounds.
  1897. 1:30:33Now big Bubba, what if he don't wanna pay you?
  1898. 1:30:36You gotta be careful with big Bubba,
  1899. 1:30:37you can't tell him, yo you gotta pay me, man.
  1900. 1:30:39You behind paying me, where's my cigarettes?
  1901. 1:30:41Big Bubba's gonna get pissed.
  1902. 1:30:44You gotta learn how to talk to Big Bubba
  1903. 1:30:45or anyone else and so,
  1904. 1:30:48you have ways of learning how to communicate.
  1905. 1:30:50Like I would tell big Bubba, I'd say listen.
  1906. 1:30:52I'm gonna sell you this five extra large shirt.
  1907. 1:30:54I know you're pumping iron every day
  1908. 1:30:55and I know you wanna see your girlfriend
  1909. 1:30:57you met by way of a penpal,
  1910. 1:30:58but I don't trust big Bubba, so big Bubba,
  1911. 1:31:02I'm gonna say, why don't you let me hold
  1912. 1:31:04your cassette tapes, all those R&B cassette tapes you got,
  1913. 1:31:06let me just hold them and when you pay me,
  1914. 1:31:08I'll give you the cassette tapes.
  1915. 1:31:09We'll do a layaway plan.
  1916. 1:31:12So, you have to reason with people sometimes
  1917. 1:31:14because if I don't reason with big Bubba,
  1918. 1:31:16then big Bubba may try to crush me.
  1919. 1:31:18Me and him gonna tussle.
  1920. 1:31:23- [Joan] Any other questions?
  1921. 1:31:30Okay, thanks everybody.
  1922. 1:31:32Please join me in thanking Fernando.
  1923. 1:31:35(audience applauding)

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