Fernando Bermudez Full Interview — Transcript
Full transcript
- 0:03so starting today we'd like to talk to
- 0:06you now Fernando Bermudez who are very
- 0:08lucky to talk to him he was jailed
- 0:11wrongly for 18 years almost 20 years in
- 0:14prison for a murder that he didn't
- 0:16commit and then now we finally get to
- 0:19hear your story we get to hear your side
- 0:20of the story and have you really tell us
- 0:23what it was like for you so just before
- 0:25we begin can you tell me how how did
- 0:29everything happen can you tell me the
- 0:30the details then we'll get further into
- 0:33it sure well the summer of 1991 was one
- 0:36of the happiest times of my life but it
- 0:39was a time when my life spun out of
- 0:41control when I was arrested for a crime
- 0:43I did not commit at gunpoint when my
- 0:45mother screamed I'm yanked into a police
- 0:47car and sent to a Precinct where I'm
- 0:51asked what I did on the night of August
- 0:533rd and 4th 1991 or I quickly remembered
- 0:56that I was celebrating my enrollment in
- 0:58college with my friends my college is
- 1:00set to begin actually that fall and that
- 1:03summer my classes were canceled
- 1:05I tell my truth which is that I wasn't
- 1:07even at the club and then I'm with my
- 1:09friends all of whom came to the precinct
- 1:12and I was shocked when I wasn't believed
- 1:15I end up being sent to Rikers Island
- 1:17which is a horrible place of 14 000
- 1:19yelling and screaming violent inmates
- 1:21and there I'm forced to endure a trial
- 1:24in order to prove my innocence further
- 1:26I'm unaware according to proven evidence
- 1:30that there had been coercion and threats
- 1:33of witnesses which we later would prove
- 1:35in which the Witnesses were given deals
- 1:39in exchange for their testimony the
- 1:40charges against them unrelated and
- 1:42related to this case would be dismissed
- 1:45I'm shocked when I lose my trial and I'm
- 1:49given a life sentence and set to an
- 1:51Upstate New York prison where after a
- 1:54year Rikers Island horrible as that was
- 1:56I'm forced to endure another 17 years in
- 1:58prison where I seek to prove my
- 2:00innocence
- 2:02now those years that you spent there in
- 2:05prison could you tell us what it was
- 2:07like what what kind of things did you
- 2:08have to endure while you were there well
- 2:10I had to endure the humiliation and
- 2:13indignity of strip searches of being
- 2:16physically assaulted while I'm there by
- 2:19both inmates and Correctional guards
- 2:21it was a very difficult circumstance
- 2:24that tested the very essence of my
- 2:25Humanity I grew very sad and very
- 2:28depressed particularly when I
- 2:30established evidence of my innocence
- 2:32early on because the witnesses had
- 2:34according to their conscience revealed
- 2:37the reasons why they lied on purpose and
- 2:39why they were threatened so I felt that
- 2:41the situation would be resolved sooner
- 2:43rather than later and I was in for a
- 2:44rude awakening again and again while
- 2:47being denied so it tested the very
- 2:49matter of who I was and it hurt me
- 2:51deeply because I believed in the
- 2:52American criminal justice system and I
- 2:54grew disillusioned
- 2:56realizing that the situation would grow
- 2:58more complicated as I lost appeal after
- 3:01appeal I tried to maintain my faith I
- 3:04prayed I battled thoughts of suicide and
- 3:07I overcame that and one of the sources
- 3:08was the love of my wife who stood by me
- 3:11throughout my years who gave me
- 3:12beautiful children and together we
- 3:14fought the good fight to try to uh
- 3:17make the truth Prevail as soon as
- 3:19possible I was able to obtain pro bono
- 3:22attorneys
- 3:23who believed in me and started working
- 3:25free of charge
- 3:27and this was an amazing development
- 3:29because
- 3:31they came in early on and it should have
- 3:33made a difference but the court refused
- 3:35to listen refused to even Grant an
- 3:37evidentiary hearing as the years ticked
- 3:40by and time crawled in his hands and
- 3:41knees and it was very depressing very
- 3:44depressing and just living around
- 3:46a very violent place in a six by nine
- 3:48foot cell that I could basically touch
- 3:52the walls if I stretched on my arms
- 3:54and so I just tried to survive I
- 3:56educated myself and I just saw it at
- 3:58every turn to write as many letters as I
- 4:00could crying for help
- 4:02now when you were in that cell the cell
- 4:05you're just describing what kind of
- 4:07thoughts were in your head what were you
- 4:08thinking you tried to educate yourself
- 4:10but but you were in there for something
- 4:13that you weren't even there when it
- 4:14happened what what were you thinking
- 4:16through the you had a lot of time to
- 4:18think about it what were you thinking
- 4:19about well I was just thinking that when
- 4:21am I going to get out of here I mean am
- 4:23I going to die in prison that's what I
- 4:25thought because there was so much
- 4:26violence around me that I thought that
- 4:28well someone could be just as delusional
- 4:30as the next person I've encountered and
- 4:33moved away from that I can die in this
- 4:35place tomorrow is not promised so there
- 4:38was always a level of it I admit fear in
- 4:41such a Negative place with so many
- 4:43negative emotions running from idleness
- 4:45to just
- 4:47negative emotions across the board and I
- 4:50just wondered when I was going to get
- 4:51out I wondered when would finally the
- 4:54truth Prevail I mean I would look at
- 4:56those Cold Steel bars in front of my
- 4:58cell and they would just be there every
- 4:59morning when I went to sleep and I woke
- 5:01up and I would see them right there
- 5:02impenetrable as they were and I would
- 5:05say Well when is this door going to open
- 5:06up and I'm going to be a free man when
- 5:09can I finally go home to my wife and
- 5:10children and help support them because
- 5:12my wife was struggling with our children
- 5:14facing homelessness poverty and so much
- 5:17and I grew very very depressed and I the
- 5:20only way I could overcome that was by
- 5:22exercising my faith and believing that
- 5:24if I continued fighting that the truth
- 5:27would Prevail with the help that I
- 5:28continued accumulating over the years
- 5:30are you religious
- 5:32yes I consider myself a Christian I
- 5:35consider myself a person who believes in
- 5:37God
- 5:38who had I think a particular plan for
- 5:40this situation we might question
- 5:42suffering in life but it's something
- 5:44that I felt that
- 5:46I couldn't necessarily question because
- 5:47for which there would be no answer
- 5:49instead what I had to do was believe
- 5:51that my situation was happening for a
- 5:54reason and that I would Prevail if I
- 5:56just maintained
- 5:58and remained patient and courageous in
- 6:01fighting against what I felt was almost
- 6:04an impenetrable Darkness at times
- 6:06now when going back to the beginning
- 6:09when you had the police come to your
- 6:12house at gunpoint and they were telling
- 6:14you you were accused of this crime you
- 6:16did something that you didn't do what
- 6:18was it
- 6:20did you have any knowledge of the
- 6:22incident that happened before that what
- 6:24what did you think what did your family
- 6:25think when when that happened well I was
- 6:28shocked I was shocked because I didn't
- 6:30know why I was being arrested I honestly
- 6:32did not know and I just heard my mother
- 6:33screaming from our second floor window
- 6:35and I was just like wow okay there's a
- 6:38misunderstanding the situation is going
- 6:40to get resolved I'll be home by that
- 6:42night
- 6:43you know when I was arrested two days
- 6:45later August 6 1991 and I said okay I'll
- 6:48be home
- 6:49and then a situation grew complicated it
- 6:52just wow it grew worse I mean I was
- 6:54forced to sit down and line up
- 6:56and later I would learn that one of the
- 6:57reasons that that happened was because
- 6:59the witness that the I should say the
- 7:02suspect that the witnesses described is
- 7:05alleged to have stood 511 165 pounds
- 7:08versus my six foot two 220 pound stature
- 7:12and so I was told to sit down but even
- 7:13then I still thought okay this is going
- 7:16to be resolved that's what I honestly
- 7:18thought
- 7:19and
- 7:22so once once it happened once they got
- 7:25you
- 7:27um once you were in jail and then you
- 7:28needed to your trial came and the
- 7:31witnesses that lied while you were
- 7:33trying to to plead your case
- 7:35what do you think like they found out
- 7:38later why they lied exactly but why do
- 7:41you think that that situation happened
- 7:42to you what what is it that you did that
- 7:44you think would promote people to do
- 7:46that to you well that's at times what I
- 7:48had to question I mean I would question
- 7:50this in the Solitude of myself I say no
- 7:53am I such a bad person that this would
- 7:55happen to me I mean wow I've never
- 7:57killed nobody in my life why why am I
- 7:59being charged with murder why do I have
- 8:01a life sentence
- 8:02I would ask that but I had no answer as
- 8:06as I was just bewildered with these
- 8:08Witnesses lying I didn't know the
- 8:10reasons or the motivations why they were
- 8:11doing it I just knew they were wrong and
- 8:14which is why I wasn't scared to take the
- 8:15stand and testify on my behalf along
- 8:18with my friends and even three friends
- 8:19of the deceased who said I wasn't the
- 8:21one who shot their best friend and then
- 8:24as they came out as the witnesses said
- 8:26that they had lied that this isn't
- 8:28really what happened even though that's
- 8:29what they said at the trial why did it
- 8:32take so many times for your appeal to
- 8:34work why do you think that it took many
- 8:37many times and many people to admit that
- 8:39that's when it happened right well
- 8:41there's consequences I mean starting
- 8:43with embarrassment to just even legal
- 8:46ramifications if it's discovered that on
- 8:49on a law enforcement watch
- 8:51somebody was sent to prison for a crime
- 8:53they did not commit you know people
- 8:55could lose their jobs and a number of
- 8:56things and
- 8:57these are things that I started
- 8:59realizing
- 9:00would be involved in preventing the
- 9:03truth from being you know accepted early
- 9:06on but most importantly also the judge
- 9:09refused to even test the evidence
- 9:11because he was in the position where at
- 9:14that time when I was convicted in his
- 9:16courtroom and he didn't hear the whole
- 9:17story he too was cheated along with a
- 9:19jury out of the truth which was
- 9:21misrepresented by the prosecutor
- 9:24and I felt that when these Witnesses
- 9:26recanted and we had other accompanying
- 9:28evidence of my innocence he should have
- 9:29opened up the proceedings to test it to
- 9:31see the veracity of it all he didn't do
- 9:34that because again in his own courtroom
- 9:37an innocent man was convicted that was
- 9:39the only let the only thing I was left
- 9:41to assume
- 9:43now you are taking this message on the
- 9:46road you're doing some public speaking
- 9:48you're trying to tell others and
- 9:50students why do you want to share your
- 9:52story well I want to share my story
- 9:54because what happened to me shouldn't
- 9:56happen to anyone else it should have
- 9:58happened to your loved one it should
- 9:59have happened to any person out of the
- 10:02world particularly if you didn't commit
- 10:03a crime it's just a horrible experience
- 10:06and so I want to help reform the system
- 10:08I want to educate people about factors
- 10:11that lead to the innocent being
- 10:13incarcerated I want to inspire people to
- 10:16realize that with every adversity that
- 10:18they face that they can overcome
- 10:19adversity because I overcame a great
- 10:21level of adversity I want to make I
- 10:24should say I want to help the youth
- 10:26anyone who can listen to me to help make
- 10:29better decisions about their life and
- 10:31not take their freedom for granted and
- 10:33cherish every moment and that's what I
- 10:35deliver in my messages have you seen any
- 10:37response to your messages what have you
- 10:39heard from the people that you talked to
- 10:41was there any kind of did anyone feel
- 10:43uplifted from the story that you're
- 10:44telling absolutely my story has had a
- 10:47global impact in fact ranging from in
- 10:50America I've had prosecutors telling me
- 10:53that from that point on they're going to
- 10:55be more careful I've had law students
- 10:57who are going to become prosecutors tell
- 10:59me the same I've had students change
- 11:02their Majors into criminal justice to
- 11:05make a difference when I traveled to
- 11:07Germany and I spoke before the police
- 11:09department the police officers told me
- 11:12they were going to be more careful
- 11:14in different countries where I speak
- 11:16they tell me that they're inspired that
- 11:17they thought they had problems and that
- 11:19now that they could overcome it after
- 11:20hearing my story particularly the love
- 11:22that my wife and I shared through our
- 11:24incarceration and how she endured her
- 11:26suffering and how we together we
- 11:28prevailed can you talk a little bit
- 11:30about your family life now when what was
- 11:33your family like when you got into
- 11:35prison and then how was it afterwards
- 11:37well my family life began with my
- 11:40parents and then soon after I met my
- 11:42wife and she became a strong supporter
- 11:45of me because she believed in my
- 11:46innocence she moved from the Midwest all
- 11:50the way to New York City I mean if
- 11:52that's not a Harlequin romance I don't
- 11:53know what is because she believed in my
- 11:56innocence and she began supporting me
- 11:57and we had children together
- 11:59and she would come see me in prison and
- 12:01give me inspiration while holding down
- 12:03the fort as it were and in prison I
- 12:07sought to be a family person a family
- 12:09man you know taking care of my kids even
- 12:11though I was limited to what I can do as
- 12:13a father in prison I sought to do the
- 12:15best I could for example I sold clothes
- 12:18while in prison I used my first business
- 12:20degree earned in prison
- 12:22to buy clothing wholesale and then I
- 12:24would retail it in prison two prisoners
- 12:27in order to send money home so that my
- 12:29wife could help support
- 12:30herself and the children now it wasn't
- 12:32enough as she faced poverty but at least
- 12:35I was doing my part whenever I could so
- 12:38being a family man is very important
- 12:40today I am the school chaperone at my
- 12:42children's School taking them to the
- 12:44Hartford Science Center and I just am
- 12:47involved in their life in the martial
- 12:48arts and so much else to promote their
- 12:51well-being and character development now
- 12:53when you mentioned a degree that you
- 12:55earned while you were in prison I think
- 12:57that's a very interesting concept for
- 13:00students that are here now they're
- 13:01studying they're getting their degree
- 13:03could you could you talk about what the
- 13:05experience was like especially for
- 13:06students to imagine this is how it is
- 13:08like for me to get my degree and how was
- 13:10it like for you well I think that it
- 13:13doesn't matter on where exactly you get
- 13:14your degree it counts on what you put
- 13:16into your degree as an individual that's
- 13:18what makes a degree worth more than any
- 13:21ivy league or anything it's what you put
- 13:23into it and what you make out of that
- 13:27degree with the inspiration and
- 13:28Imagination that you develop from the
- 13:30education you receive at any Institution
- 13:33and in short what it did for me was that
- 13:36it opened up possibilities I realized
- 13:38that I had a coping mechanism while in
- 13:40prison through education and then an
- 13:42opportunity to complete my bachelor's
- 13:45degree when I got out in connection with
- 13:47the Hudson link higher education program
- 13:50which partially helped fund my education
- 13:52while I was incarcerated
- 13:55um because I would like to ask your wife
- 13:58some questions after if we can uh talk a
- 14:01little bit more about your family now
- 14:02you mentioned your wife was very
- 14:04supportive through the whole process
- 14:05though she had to deal with so much uh
- 14:07at home yes what
- 14:10um talk about the support or what did
- 14:13she visit you or I don't know how how
- 14:15the communication was limited or what
- 14:17was that like well we were limited to
- 14:19seeing each other I mean I lived far
- 14:21away from where she lived I mean I was
- 14:22in New York state she lived in
- 14:23Connecticut
- 14:24and you know it was always an issue in
- 14:27terms of the distance and the economics
- 14:28not to mention the humiliation she had
- 14:30to pass through metal detectors where at
- 14:32times they requested that she be strip
- 14:33searched when it was just underwire uh
- 14:37in wiring her bra that sounded the metal
- 14:40detector so it was very difficult for
- 14:42her to bring the children and changing
- 14:43their diapers and everything like that
- 14:45but even on a family level in terms of
- 14:47development and soundness it affected my
- 14:50family in a negative way because my
- 14:52parents today still think that I'm
- 14:54supposed to be a 22 year old who was
- 14:56arrested in 91 when in fact I'm a grown
- 14:59man with a wife and children trying to
- 15:01be responsible and trying to eke out a
- 15:03living
- 15:04and they just have some resentment so
- 15:07this is a situation where post-traumatic
- 15:09stress disorder has affected me yes my
- 15:12family but also my parents who need
- 15:14counseling and haven't sought it yet and
- 15:17now you you are being very public about
- 15:19your story you're not trying to hide it
- 15:20you're not trying to to
- 15:22apply for a job and not mention that
- 15:25this occurred or something you're very
- 15:27public about it now when you are meeting
- 15:30people and maybe uh people in your
- 15:33hometown when they heard about that you
- 15:35were arrested first how are people
- 15:37treating you now are is anyone still
- 15:39treating you like they think you're a
- 15:40murderer is anyone
- 15:42um is everyone just happy that you're
- 15:44out or what has the reaction been well
- 15:46this was I tell you a resounding victory
- 15:49in the Latino Community I mean I grew up
- 15:51in Washington Heights predominantly
- 15:52Dominican neighborhood and throughout
- 15:54the years I have media supporting me
- 15:56from 1992 all the way to 2009 and and
- 16:00Beyond when I was released and this was
- 16:03a resounding victory for the Latino
- 16:05Community because they felt that
- 16:07the youth the person who was arrested
- 16:10from their Community who got a bad deal
- 16:11now got a victory and everyone just was
- 16:15so happy about it that they thought it
- 16:16happened to them
- 16:17and so they've been very supportive
- 16:19about this the Latino Community has
- 16:21remained very supportive of what
- 16:22happened to me uh and it's just been a
- 16:25positive impression
- 16:27for them
- 16:28so you haven't had any
- 16:31difficulty with people have you reached
- 16:35anyone who's saying that they don't
- 16:36trust you because of what happened
- 16:38before even though you the legal system
- 16:40cleared you yes do do people trust you
- 16:43yes yes I haven't had an issue I mean
- 16:46let's talk about trust I was once in a
- 16:49courtroom as a criminal defendant now
- 16:50I'm actually lecturing in Hartford and
- 16:53New Haven federal district courts before
- 16:55federal judges who invite me in their
- 16:57courtroom to speak to people who have
- 16:59been incarcerated and on federal
- 17:01probation in order to help them make
- 17:03good decisions so I think that's a level
- 17:05of trust I mean if a federal judge
- 17:07invites me to speak
- 17:09what do you think could be improved
- 17:11about the justice system to to to help
- 17:15the situation not happen again I know
- 17:17that's something you you want to stop it
- 17:18from happening but what do you think
- 17:20could be done well I think that we need
- 17:22to hold uh corrupt prosecutors like
- 17:24James G Rodriguez the prosecutor
- 17:26responsible in my case accountable he
- 17:29knew the evidence from the beginning
- 17:31uh and he sought not to investigate as
- 17:34well as according to all the witnesses
- 17:36and documents of the evidence we have he
- 17:38coerced and threatened the witnesses
- 17:40into falsely testifying against me we
- 17:42also need a level of accountability for
- 17:44police departments who don't enact
- 17:45proper protocol with mistaken his
- 17:48identification reforms which are the
- 17:51leading cause of why people land in
- 17:53prison so we need to enact better
- 17:56safeguards to protect identification
- 17:58procedures as well those are two major
- 18:00things that I think we need to address
- 18:03and one more feeling of yours that I
- 18:05want to know about is when you were
- 18:07cleared and then you stepped out and you
- 18:09had your supporters cheering there what
- 18:11what was it like for you it was amazing
- 18:14it was surreal it was an outer body
- 18:17experience in a good sense unlike the
- 18:19time I was found guilty which was
- 18:21totally negative
- 18:22but I was scared I was fearful I mean
- 18:25the world had changed so much with the
- 18:26technology you know 21st century
- 18:28technology which I had not been
- 18:30accustomed to the world had changed from
- 18:32the internet now existing to mp3s and
- 18:36iPads and all this type of stuff fashion
- 18:38had changed so much I was just totally
- 18:41scared really and I couldn't stop eating
- 18:43food trying to adjust because
- 18:46food in prison was so horrible
- 18:48it just took me a lot to adjust it I'm
- 18:51still adjusting today but it's a good
- 18:52feeling and it's one that I'm working in
- 18:55into my life every day for greater
- 18:57enjoyment through therapy
- 18:58you talked a little bit about what
- 19:01you're doing at this time but in a very
- 19:03serious way you're speaking what you're
- 19:05doing with your family how about on a
- 19:07later note are there things that you
- 19:08missed that you were hoping to do like a
- 19:10certain vacation or something you want
- 19:13to do with your kids something that
- 19:14you've been able to do now that you you
- 19:16missed but you're very happy you're able
- 19:17to do now absolutely I mean I take my
- 19:20kids on things that I've never done
- 19:21before which I yearn to do while
- 19:23incarcerated such as pumpkin picking I
- 19:26take them to the Hartford Science Center
- 19:28where I chaperone the elementary school
- 19:31and I tell the kids let's run up the
- 19:34stairs no elevators you know to promote
- 19:36Fitness I take them on field trips
- 19:39and I just interact with the kids so I
- 19:41love doing that I love just being a dad
- 19:43to my kids taking them to their martial
- 19:47art lessons at night time Tuesdays and
- 19:49Thursdays I love being a husband to my
- 19:51wife and taking her out on dates we
- 19:53didn't get to date
- 19:54when I was incarcerated now we can go
- 19:56out I'm sure that's exciting it's very
- 19:59exciting because we can go out and have
- 20:01a dinner together like normal human
- 20:03people should
- 20:04I'm living my life now ways that I
- 20:07should have lived a long time ago well
- 20:10thank you very much for sharing that
- 20:12very intense details of that I think
- 20:14that a lot of people find that
- 20:15fascinating if they haven't heard of it
- 20:17before and I appreciate your time well
- 20:19you're welcome and I really hope that I
- 20:21can continue speaking at different
- 20:22schools and that other schools would
- 20:23contact me and that I can help them
- 20:25develop their students to be agents of
- 20:28change for the better great thank you
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