Skip to main content

tv   Dateline NBC  NBC  April 9, 2012 3:05am-4:00am EDT

3:05 am
changed his life. >> they said, show us the murderer, and they pointed their fingers at you. >> what those witnesses told us could change it again. >> i don't know if we really picked out the right person. >> one man's story. >> he is living everyone's worst nightmare. >> of conviction. welcome to "dateline," everyone. i'm lester holt. it was one of the first murders of the year at a time when new york's homicide rate was plunging. but that wasn't why police were all over this case. this one was personal. the victim was a retired cop, and it didn't take long for an arrest. the young man who was convicted of that murder has now spent almost half his life behind bars, yet many say he shouldn't have spent a single day. it's a story we've been working on for the past ten years. tonight luke russert with a "dateline" hidden camera
3:06 am
investigation. >> do you know what i am? i'm buried alive. i'm dead to society. i don't exist in society. >> if you walk through any maximum security prison, you're likely to hear the same thing over and over again. "i'm innocent." but every once in a while, you hear an inmate's story that makes you wonder, maybe this time it's true. >> i should not be here because i didn't commit this crime. i wasn't at the scene of the crime or anything. >> meet new york state inmate number aa 203. joshua va las -- valasquez,
3:07 am
convicted of killing a police officer in harlem. convicted without cause. >> there's another man who is the killer, maybe on the train when you go to work. >> he started writing letters telling us, i don't belong here. and my children don't deserve to not have a capable, loving father. >> his letters made us curious no more. and what began as a one-time prison visit by a "dateline" producer has turned into a ten-year odyssey in a search for the truth. ♪ >> his story begins in january 1998. that's j.j.valasquez at 22 years old when he was living with his long-time girlfriend and their
3:08 am
two young sons. >> what kind of guy is j.j.? >> loveable, friendly, family oriented. >> vanessa says valasquez was studying to become a computer programmer and was taking a short break from school to help with their newborn. that's when the call came that changed everything. >> it was a saturday morning, and i received a phone call that the police were looking for me, you know, and that came to me as a shock. but what came to me as even more of a shock is the fact that they said i was a suspect for shooting a police officer. >> and why was that so shocking to you? >> because i've never shot anybody in my life. shooting a police officer? my father was a cop. >> his father, john adrian, sr. was a police officer for amtrak and had recently passed away. >> the death of your father had a tremendous effect on you. >> absolutely. he was more than my father. he was my best friend. >> he went to catholic school. he was very sociable.
3:09 am
>> valasquez' mother, maria, a labor union organizer, said her son was a typical all-american boy. >> he had a lot of friends. i used to feel like a attacks driver driving them to the movies, taking them bowling, doing all kinds of things. >> only child? >> my only child, yes. >> maria said she was stunned when she heard that her son was wanted for killing a retired cop. >> i called my son and i said, what's going on? he didn't know what was going on. >> valasquez said he had nothing to fear, so he turned himself in and agreed to appear in a line-up. but it was at that line-up that eyewitnesses identified him as the shooter, and john valasquez was charged with first-degree murder. >> you said you had nothing to do with the crime, you were nowhere close to the scene. why was it you were picked out? >> that's probably the best question in the world, because i don't know the answer.
3:10 am
>> regardless, in october 1999, velasquez was convicted of murder and sent to prison. he said the situation has left him angry, bitter and determined to prove his innocence. >> actions speak louder than words. and what i would say to anybody who doesn't believe me right now is go out there and prove that i did it. >> so with no idea what we would find, we agreed to take him up on his challenge. and for years we've been gathering the long-forgotten files. thousands of pages that make up his case. from the beginning, velasquez knew we weren't making any promises. >> you aren't lying to us in any way, right? >> not at all. >> we're going to go back through this, we're going to pore through this stuff. there's no lies in there? >> you would be wasting my time and your time. >> in our search, we had to go back to the beginning. we relived the crime. we examined the trial. we tracked down long-gone
3:11 am
eyewitnesses, all to find out if john adrian velasquez is really an innocent man, locked up for a crime he did not commit. >> when we come back, what really happened the day of the crime. >> all hell breaks loose. he takes out the gun -- >> i heard all these shots, boom, boom, boom. >> when "conviction" continues. ♪ [ boy ] max!!! no!! [ female announcer ] windex multi-surface lets you keep up with messes right when they happen. so you can put that windex shine on just about anything. [ jeff ] [ slight laugh ] did you see that? wayne? wayne!!?!? [ laughs ] got ya!! oh! [ female announcer ] get windex multi-surface and keep up. find that streak-free shine online. visit us on facebook for great offers and tips. sc johnson, a family company.
3:12 am
presenting woolite darks. it cleans your jeans and won't torture your tanks. woolite. long live your wardrobe.
3:13 am
3:14 am
3:15 am
jon-adrian velazquez is doing hard time at sing sing. he's convicted of killing a retired new york city police officer. >> to this day it's still a mystery why out of millions of people i was the one chosen. if i knew the answer, i'd be a step closer to society right now. >> to find out, we went back to the day of the crime. >> it was a tuesday, january 27th, in 1998. >> attorneys bob gotlieb and celia gordon have represented velazquez for the past two years. >> there was a numbers spot, an illegal gambling joint in harlem owned by a retired police officer by the name of albert ward. >> and there were plenty of people inside. >> the people we're talking about were all drug dealers, drug users. >> people like lorenzo woodford. >> i started using drugs when i was about 10. >> he said he came to the numbers spot that day about noon to buy heroin. a few minutes later two men barged in.
3:16 am
it was a robbery. >> i heard someone say give it up [ bleep ], give it up. this guy stuck a gun in my face. oh, man. >> one guy had a gun and the other duct tape. they began tying people up. >> all hell breaks loose. al ward, who is the retired police officer, has a gun. and he takes out the gun. >> there was a struggle, then gunfire. >> i heard all these shots, boom, boom, boom. >> 59-year-old albert ward was killed, shot once in the head. >> immediately upon albert ward dropping to the floor, the two individuals take off. >> the robbers weren't the only ones who fled. >> before i got a chance to even think anything, i jumped up and ran. >> lorenzo woodford and another eyewitness, woodford's heroin dealer, took off. that drug dealer, a man named augustus brown, would turn out to be critical to the case. in the meantime, a retired cop was down. the nypd responded swiftly and with force. >> there's captains, lieutenant,
3:17 am
police presence. >> the eyewitnesses, the once who didn't run, gave detectives similar descriptions of the shooter and his accomplice. >> the gun man was a light-skinned black male with braids and the other was a dark-skinned male black. >> at the precinct eyewitnesses were shown hundreds of mug shots. none recognized the shooter, but one did pick out a photo of the dark-skinned male, the killer's accomplice. >> the dark-skinned black male was identified as darrely daniels who had a long criminal history. >> darrell daniels was picked up, placed in a lineup, and, after being identified by three eyewitnesses, he was charged with murder. next police focused on finding his accomplice. >> the police artist sketches a drawing of what the gunman purportedly looked like. >> this sketch was plastered all over harlem, a place where the streets talk and the cops were listening.
3:18 am
tips came in from all directions, but one name kept coming up over and over again. mustafa. >> i find out from three separate sources that a guy by the name of mustafa may have been the gunman. >> and those tipsters said mustafa fit the exact description of that sketch. >> he's a light-skinned male black, he's got braids. there's a police memo that's written where it specifically states primary target mustafa. >> while detectives search for mustafa, they were also looking for the two eyewitnesses who fled from the club. heroin addict lorenzo woodford and drug dealer augustus brown. they found woodford first. he told detectives the shooter was a black male with cornrows. and then woodford led detectives to augustus brown. >> augustus brown is selling heroin on the street. and they bring him to the police precinct. they then take him to where they
3:19 am
have photographs on a computer. he looked at hundreds of photographs. >> after more than eight hours, brown picked o a photo. but it wasn't a man who fit the description given by eyewitnesses. >> he picks out the photograph of jon-adrian velazquez and said, that's the man or that's your guy. >> and that's when the search for mustafa ended, but for jon-adrian velazquez, it was only the beginning. >> once augustus brown picks out jon-adrian velazquez, there is no need to look for mustafa. >> why were you in the photo that augustus brown selected? >> i have done some things that i regret, not proud of no more. i realized they were wrong. >> months earlier he'd been arrested for drug possession. while he was never convicted of that or any other crime, police still had his mug shot in their files. remember when velazquez heard he was wanted, he turned himself in and volunteered to appear in a lineup even though he said his
3:20 am
attorney was against it. >> i said whose choice is it? i'm willing to volunteer for a lineup, but i had nothing to do with this, i have nothing to hide. >> you're pretty confident. >> i had every right to be confident. >> he didn't run, he didn't flee, he didn't go and try to hop a plane. >> it was velazquez's mother maria who dropped her son off at the precinct. the last time she saw him as a free man. >> i drove to the corner and i can't forget how i felt. i let out this scream. it was such a loud scream. >> inside the precinct, three eyewitnesses from the numbers spot identified velazquez as the gunman and he was charged with first degree murder. what's going through your mind? >> i wouldn't be able to tell you what's going through my mind. all i know is i'm stuck in a cage, laying on a cold slab.
3:21 am
>> son dary daniels, his alleged accomplice, would plead guilty to robbery for a ten-year sentence. but he would claim he didn't know daniels and he was innocent and told his lawyers no deal. >> i don't want to hear about a plea bargain. i'm going all the way. no way i would concede to this. >> he would be held in new york's infamous rikers island jail for a year before a jury would hear his story. >> i was feeling confident. i was feeling confident that, you know, the truth will set me free. >> coming up -- a showdown in court. a prosecutor versus a mom. >> when the d.a. said that i'm just a mother who would do anything to save my son, that felt like a rock had hit my chest and blew the wind out of me because i told the truth.
3:22 am
3:23 am
in october 1999, the people of new york versus jon-adrian velazquez was called to order. has there ever been any physical evidence to link you to this crime? >> none whatsoever. >> there was no dna, no fingerprints, no blood, no weapon introduced in trial. the district attorney's case was based solely on eyewitness testimony. who is the first main eyewitness that they called to implicate you? >> i believe it was augustus brown. >> augustus brown, that drug dealer who first linked velazquez to the crime picking him out from hundreds of mug shots. >> he's the reason why we're here right now. he's the reason why i'm in jail.
3:24 am
>> brown testified there is no doubt velazquez was the shooter, that he'd seen him on the streets some time before the crime. after brown, three more witnesses testified that velazquez was the killer. heroin addict lorenzo woodford and two other men who were there that day, brothers robert and philip jones. people walked into that courtroom and they said, show us the murderer. and they pointed their fingers at you. >> it felt like a slap in the face, a stab in the gut. >> but when one of the prosecution witnesses testified, an 88-year-old woman named dorothy kennedy, something very unusual happened. bob gotlieb and celia gordon are velazquez's current lawyers. >> she testified before the jury that she looked directly into the eyes of the gunman and that she would never forget his face. and she's asked while she's on the stand, do you see the person who shot and killed albert ward in the courtroom and she says yes. >> you know what happens? you know who she points out, juror number six.
3:25 am
the jury's there laughing. but this ain't a joke. this is my life on the line. >> it was funny in a sense. >> 14 years later we found juror number six. his name is ramon. >> i saw the other jurors looking at me. i realized, whoa, did she just pick me out? >> the defense then presented its case beginning by pointing out that velazquez did not match the original description of the shooter. >> we have every eyewitness say the persons involved were male blacks. lo and behold when they have the lineup, you have jon-adrian velazquez who is hispanic. did you ever have dreadlocks? >> absolutely not. >> how long was your hair back then? >> shorter than yours. >> the defense introduced this photo showing velazquez with short hair just one month before the crime. and the defense made another argument, velazquez had an alibi. >> the minute that they spoke about that day, january 27th, it
3:26 am
stuck out like a sore thumb. that was the day before my father's birthday. >> his father had passed away six months earlier. >> if you can see on the tombstone, january 28th is his birthday. >> so this would be the first time that my father's birthday would come around, and we wouldn't spend it with him. >> and that's why velazquez, who testified in his own defense, says he remembers being on the phone with his mother that day. >> that was the day when i spoke about going to the cemetery to see my father's grave. >> this phone bill shows a 74-minute phone call from maria's home to her son's apartment in the bronx exactly when the crime was unfolding in harlem. >> if jon-adrian is on the phone with his mother, there's no way that he could have been at the numbers spot in harlem shooting and killing albert ward. >> velazquez's mother maria took the stand testifying she remembered that phone call. >> my son was not where they say he was. he was on the phone with me.
3:27 am
>> next to testify was velazquez's girlfriend vanessa. >> i know where he was at. he was on the phone. >> vanessa says she remembers going out to buy milk for their newborn that morning. >> i came back from the store and he walked in and hes with on the phone. >> you physically saw him holding the phone. >> yes. >> but in his closing statement, the prosecutor argued they were all lying and that it was actually vanessa who was on the phone with maria. >> did you ever get on the phone with her that day? >> no. >> when the d.a. said that i'm just a mother who would do anything to save my son, that felt like a rock had hit my chest and blew the wind out of me because i told the truth. i told the truth. >> the jury was sequestered for three days.
3:28 am
>> three days? obviously they're doubting something. what takes so long? >> juror number 6 remembers most of the testimony centered on the girlfriend's testimony. >> it seemed like it was skri d scripted. that's the perfect word. every time she said something, it sounded like it was further from the truth and she was covering one lie with another lie. >> with each passing day, he says, the deliberations grew more tense and stressful. >> nobody got physical, but it was just -- you can see the toll it was taking especially on some of the older jurors. people talking about they need to get back into their life. you can see that it was getting to them. they were saying, wow, we're going to get sequestered one more night? >> the verdict comes back, what are you feeling right then? >> the first verdict was not guilty. >> of first degree. >> and i felt great. and i knew i was walking out.
3:29 am
>> but in the end, the jury believed the eyewitness at the numbers parlor. velazquez was found guilty of second-degree murder. >> then i remember a sharp pain, a real sharp pain in my heart because i found out that i may never see the streets again. >> this whole thing has been a very painful experience for me, very painful. >> i heard my mother, i heard her scream. i don't think i had the heart to look back in my family's eyes. >> my son is not a murderer. he is not. >> his sentence? 25 years to life. and soon the life he knew on the outside, the things that made up his world, faded away. vanessa, the mother of his two
3:30 am
sons, moved on to a new relationship a few years after velazquez went to prison. >> so you've separated yourself in. >> separated. completely. i had to let him know it was just too much as a single mother with two young kids to do this. >> i understood where she was coming from. when i got arrested, i was 22 years old. how can i expect the woman that wasn't even 25 years old to wait for me to come home 25 years? was that realistic? >> years passed two appeals were filed. both were denied. he was now on his own. >> i had to create my own future. i needed to learn the language that they used to destroy my life. >> so you go and study the law. >> so i go and study the law. >> from behind bars, velazqez
3:31 am
went to work trying to prove his innocence. and that's when he wrote the emotional letters. >> that's all i want. the truth. >> when we come back, a witness recan recants. >> it's all true? >> it's all true. >> and new questions about the real identity of the shooter. >> was there any evidence that they knew each other, that they ever hung out on the corner together? there was nothing? >> when "conviction" continues. . i'm done. i'm going to... drink this... on the porch! ♪ give me just a little more time ♪ [ female announcer ] mops can be a hassle, but swiffer wetjet's spray cleaner and absorbent pads can clean better in half the time so you don't miss a thing. swiffer. better clean in half the time. or your money back. and for dry messes big and small try swiffer sweeper vac. to the serene waters of glacier bay, air wick has partnered with the national park foundation
3:32 am
so you can experience the spirit of these national treasures in your home. the national park collection. something in the air wick. it's like totally crunch-erific! what they mean is, it's french's french fried onions in my green bean casserole. french's french fried onions. available in the french's stay-fresh can. activating protection, bear! the more you move, the more it works! [ roars ] [ screaming ] new long lasting degree with motionsense help me! keep running! the rid-x septic subscriber program helps prevent backups by
3:33 am
sending you monthly doses right to your door so you will never forget to maintain your system. sign up at rid-x.com. you could spend as much as $200. olay says challenge that with an instrument that cleanses as effectively as what's sold by skin professionals for a whole lot less. olay pro x advanced cleansing system. ♪ lay pro x uh oh!! [ boy ] max!!! no!! [ female announcer ] windex multi-surface lets you keep up with messes right when they happen. so you can put that windex shine on just about anything. [ jeff ] [ slight laugh ] did you see that? wayne? wayne!!?!? [ laughs ] got ya!! oh! [ female announcer ] get windex multi-surface and keep up. find that streak-free shine online. visit us on facebook for great offers and tips. sc johnson, a family company.
3:34 am
his trial was over.
3:35 am
>> justice is hard to earn once you have been convicted in this country. >> time was passing, and j.j. velazquez's chances of getting a second look were dimming. >> i needed to be heard. i needed somebody to look into this. i needed somebody to prove what i've been trying to prove all along. i didn't do this. >> from inside prison walls, he had heard about another "dateline" investigation involving two other lifers who were vindicated after our broadcast. >> your motion to vacate your convictions is granted. >> and that's when he began sending us those letters. since then we've gathered all we could on his case, thousands of documents, police reports, trial transcripts, court filings, piecing the story together for ourselves. it all comes down to those four eyewitnesseses who identified velazquez at trial, drug dealer
3:36 am
augustus brown, philip and robert jones and heroin addict lorenzo woodford. with hidden cameras rolling we found woodford in hartford, connecticut. he's one of those witnesses that fled right after the shooting. >> i went to another friend of mine's house. i stayed there, i was just so scared. >> police did not locate him until five days later when he was brought in to view a lineup. at that lineup he did not identify velazquez. in fact, police reports quote woodford as not positive about anyone. there is more. he admitted he was high on heroin during the crime. >> i've been going to jail all my life. >> but then it all changed. at trial he testified he was sure velazquez was the gunman. today woodford says he sticks to what he said in court. >> with the kid that i said did it, that's who did it. >> but he seemed surprised his testimony was all that important.
3:37 am
>> i didn't turn him in. somebody else turned him in. they had to have some kind of evidence. they did not take my word for it. >> detectives didn't take his word. they had several other witnesses. velazquez's new lawyers celia gordon and bob gottlieb have been conducting their own investigation into the case. >> our investigator located philip jones and spoke with philip jones. eyewitness philip jones gave the lawyers a sworn affidavit where he recanted all of his testimony, raising serious doubts about who actually committed the murder. >> you know philip jones? we wanted to confirm his story, so we went looking for him. i'm looking for philip jones? >> no. >> eventually we found him outside his home in queens, new york. he asked us to come inside where we read his affidavit back to him. on 2-2-98 i did a lineup where i
3:38 am
picked out an individual as being the shooter. he said that police pressured him to make an identification. >> i told the police this was the guy and i felt sure this was not the truth. i felt pressured because the police were threatening to arrest me and my brother robert. by the time that happened, jones was in jail. philip jones says he always knew he was the wrong man. >> i knew i had picked out the wrong guy. and the guy on trial i had never seen before. >> there you go. there you go. >> so that's all true? >> that's all true. >> according to velazquez's lawyers, philip's brother robert, another eyewitness, tells us he also has doubts velazquez was the shooter. >> he's a witness to a crime. >> now the lawyers say there's even more reason to doubt their client's guilt because they say there's no proof velazquez even knew the man he's accused of
3:39 am
committing the crime with, dary daniels. was there any evidence before that day. >> no. >> that they ever knew each other, ever hung out on the corner together? >> zero. >> but in his plea he said that velazquez was his accomplice. but velazquez says daniels way lying. did you know dary daniels? >> no. >> he served his ten years and today he's a free man. a "dateline" producer caught up with him. we tried to show him a photo of velazquez. he would not look at it. and he said he did not want to talk about the case. that left one critical eyewitness we needed to find, the first person to bring j.j.velazquez into the case: drug dealer augustus brown. >> everything changes with augustus brown. coming up -- 14 years ago what this man told police changed his life. what he told us could change it again.
3:40 am
>> somebody doing life because i said it was them and it possibly not have had been them. >> when "dateline" continues. but then i discovered hotwire. now, i use all my vacation days. i can afford to visit my folks for the holidays. and reconnect with my girlfriends in vegas. because i get ridiculously low prices on all my trips. you see, when hotels have unsold rooms, they use hotwire to fill them, so i get 4-star hotels for up to half off. now i can afford a romantic trip to new orleans. hi honey! ♪ h-o-t-w-i-r-e... ♪ hotwire.com over two million so far. with finish quantum you get incredibly clean, sparkling dishes without rinsing first. see for yourself why millions have switched. join the finish revolution. [ fe male pop in the drum of any machine... ♪ ...to wash any size load.
3:41 am
it dissolves in any temperature, even cold. tide pods. pop in. stand out. with resolve deep clean powder. the moist powder removes three times more dirt than vacuuming alone while neutralizing odors for a clean you can see, smell and really enjoy. don't just vacuum clean. resolve clean.
3:42 am
3:43 am
jon-adrian velazquez has lived in a cramped prison cell for more than a third of his life. >> you can touch both sides of the wall. >> over the years he's learned how to survive in prison.
3:44 am
>> most people sleep with their head to the back because it's dangerous to keep your head there not knowing who can come by and do something to you. my kids. the main question they ask, when you coming home, dad? and daddy tells them, i don't know. >> he's only gotten to know his sons from this short time together in the prison visiting room. >> my sons know that i love them. my sons know that i'm innocent. >> for years, the weekend ritual for j.j. jr. and jacob has been the same, going to the prison with grandma. >> this is the jail that my dad is in. >> jacob only knows his dad because i've taken him to visit his dad. he was a baby. i put him in his arms so he would know his father and his father would know him. >> but as his older son became a
3:45 am
teenager he'd sometimes go months without visiting his father. >> i love my father, i do want to see my father. i have nothing against him at all, it's just jail and stuff like that. [ sirens ] >> how does it make you feel not being able to be there for him? >> i've been dehumanized. i never took my children to a ball game. i wasn't there at my children's graduation. when my children needed to ask a question that they felt a woman couldn't answer, i wasn't there to answer it. how do i feel? i feel like less of a man. >> velazquez and his lawyers know the only chance they have to free him is to successfully challenge the credibility of the only evidence that exists, the eyewitnesses. so far one is sticking to his story. this eyewitness has recanted.
3:46 am
and a third eyewitness told the lawyers he was never certain that velazquez was the shooter, but there's still that key eyewitness, the one who first linked velazquez do the crime. drug dealer augustus brown. >> did you ever know augustus brown? >> no, i didn't. >> you had no relationship with him prior? >> absolutely not. >> velazquez's lawyers say finding out why brown picked him out in the first place may be the only way to know if velazquez got justice. >> augustus brown, the 20-year-old heroin dealer is this case. >> we're on our way to elmyra prison right now to go see augustus brown. we found augustus brown in state prison where he is serving time for forgery. we were led into a conference room and turned on our hidden camera. he told us about the day of the crime, how he met lorenzo woodford at the club. >> he was a heroin addict.
3:47 am
>> brown said he fled right after the shooting, but two mornings later, detectives tracked him down. >> they snatched me up off the street early. >> he said he was in the precinct all day. that police sat him in front of a computer screen and asked him to look at pages of mug shots. he was shown 230 pages, eight photos per page. that's more than 1800 photographs. finally he says he spotted someone. you just picked out the one that you recognized? >> i thought it might be him. >> but it turns out there's more to what happened in the precinct that day. he told us detectives were pointing the finger at him as a suspect. >> they threatened to charge me with conspiracy to this saying that -- >> so the police were going to say you were a part of this robbery? >> yes, saying that i set this up for them to come in and rob him. >> but you didn't do it? >> no. me having that on my record, a
3:48 am
young black man, i ain't got no job. i'm not in school or nothing. so that's what came about me pointing the finger at someone. >> if that's true, velazquez's lawyers say his testimony can't be believed. >> i don't care who is watching tonight. put yourself in that position, the police start pointing a threatening, accusing finger at you where suddenly you're worried you will be thrown in jail. >> so this 20-year-old is sitting by himself for hours in a police precinct, thinking, i better name someone or i am not going home tonight. >> he had reason to sweat. when police pulled brown in for questioning, they found ten bags of heroin hidden in his underwear. after he picked velazquez, brown says he was allowed to leave with the drugs. why didn't they charge you with that? >> i don't know why they didn't charge me. you know what i mean? they had the dope and everything. >> we asked the new york city police department to speak with us about brown's story and velazquez's case. they declined to comment.
3:49 am
bottom line, augustus brown says he was never certain that jon-adrian velazquez was the shooter. you think the guy behind bars is the guy who did it? >> that's something that i've been struggling with. i don't know if i picked out the right person. i don't know if it was him or not. somebody's doing life because i said it was him and it possibly couldn't have been him. >> there it is. the most important eyewitness is now telling us it was possible he picked the wrong man. you think about this when you go to bed at night? >> it always crosses my mind. >> after an admission like brown's, not to mention the statements of those other recanting witnesses, lawyers gottlieb and gordon say you can only come to one conclusion. >> he's as innocent of albert ward's murder as i am. >> he's innocent. >> i'm certain. >> they're about to take this investigation to the manhattan district attorney, but some legal heavyweights in new york say this case is no slam dunk. >> once the defendant is
3:50 am
convicted, it is an uphill battle and the odds are against you. coming up -- j.j. doesn't just want the d.a. to believe him. there's someone else who may matter even more. >> i'm almost there, jay. i'm almost there. people believe in me. you need to believe in me, too.
3:51 am
. he is living everyone's worst nightmare. >> lawyers celia gordon and bob gottlieb say the eyewitnesses who have now changed their story are proof that jon-adrian velazquez is an innocent man. >> everything about this case screams innocence. everything.
3:52 am
>> and they say it underscores an even larger point, their proven unreliability of eyewitness testimony in general. >> since 1998 when this happened, there have been a legion of scientific studies that say that eyewitness identification is the major cause of wrongful convictions. >> but it may be too little too late. >> this is an extremely difficult fight for any convicted defendant to undertake. >> steve cohen is a former federal prosecutor. >> once somebody goes to trial, 12 jurors say guilty. once you're in that place, it is extremely difficult to overturn a conviction. >> years ago, cohen was also a defense attorney and helped in
3:53 am
the kpexoneration of those two others wrongfully convicted years bag. >> in a way that makes it harder. it makes it harder because, without something very new, what you're really doing is attacking the same evidence that the jury based its conviction on. >> and cohen says anything new velazquez' lawyers have might not be enough. >> i don't want to suggest that recantations are nothing, but they're not dna, they're not somebody who you believe is the actual shooter. you don't have that here. >> the last two years, j.j. has lived in cink's hon sing sing's block. he's been going to school in prison. >> do you want to see what the school graded me on? see what the topic was? my incarceration's impact on my family. >> his son jacob has never known
3:54 am
his father as a freeman. his oldest, j.j. jr., was three when his father was sent away. today he is 17. because of his age, prison rules prohibited j.j., jr. from visiting with his father by himself. >> he's never had an individual time where it was just father and son. he doesn't know what that is. i don't know what that is. >> but now that he's older, father and son will finally have a visit alone for the first time. >> i really want to know how my incarceration has affected him. you know, what effect has that had to grow up without a father? >> love you. >> love you, too. >> you're definitely growing, man. glad to see you here today.
3:55 am
my life has affected you. and i know what's happened to you is a product of what happened to me. and you have a right to be angry about that. >> i didn't always get what i was supposed to have when i was a child. >> you had a rough upbringing, man. you spent five days a week doing your childhood, going to school, and on the sixth day, you spent it in a penitentiary with your father. >> i never hated you, i just hated coming to see you. >> i'm proud of who you are, and i love who you are. there's nothing you could do to change that. >> their visit lasted more than four hours. i'm almost there, jake. i'm almost there. people believe in me, and you need to believe in me, too. >> if they are ever to meet outside prison walls, it may be up to his next visitors. his lawyers have come to
3:56 am
sing sing with the adt brief they'll give to the d.a. >> we have to give them all of it. here it is on a silver platter. >> the eyewitnesses have recanted some of their testimony. we'll see. it's going to take time. >> all i know is time. that's all i know. i appreciate everything you're doing, and i know there's a possibility i might spend the rest of my life in prison. but this is the best i've ever had. i've never had a second chance, you know. and this is it. thanks. >> in october 2011, velazquez' lawyers delivered their brief to the manhattan district attorney's office, asking him to reinvestigate the case. >> we have no reason to believe that the d.a. is going to do anything else other than conduct an objective, thorough,
3:57 am
independent investigation. in 2010, cyrus vance, jr., the newly elected manhattan d.a., formed a team called the conviction and integrity unit. its mission is to investigate claims of wrongful conviction. and while the manhattan d.a.'s office declined to discuss details of the case, they told us they are reviewing it. recently, velazquez' story has begun to hit the press and it's attracted hollywood actor and activist, martin sheen. >> hey, mr. sheen. how you doing? >> in december, the actor went to the prison to meet velazquez. >> your statement at your sentencing, there was a miscarriage of justice, and you trusted the system, and you trusted your own innocence, you trusted god thinking that day you would be exonerated. >> i still do. >> of course. that's why we're here. >> and then there's juror ramon
3:58 am
avillez. he said he always had doubts about the verdict. >> what did i do? i think i did something wrong. >> he said he began to question his decision once the verdict was announced. >> once it was announced, i looked at the mother. then i looked away. in other words, i didn't know where to put my face. i guess that's what i had to live with from that time on. >> he says an admission by the juror will not necessarily help velazqu velazquez. >> he's already been convicted, and now for them to come in and say, i want all that work to be washed away because there's been a grave injustice here, the system really doesn't work that way. >> in the meantime, one of the original defense lawyers on the case, norton reamer, has written the manhattan district attorney. reamer said there is a substantial probability that velazquez was wrongly convicted. but for now, all jon-adrian
3:59 am
velazquez and his family can do is wait. >> in god we trust. because men make mistakes. i trust in god. >> do you have hope? >> i have too much hope. i know he's coming home. >> when you walk out in that prison yard, you have one of the most beautiful views of the hudson river that anyone could ever see. what's that like? >> sweet torture. >> i see freedom before my eyes. it seems tangible but it's not. i watch it at night with the bright lights, i watch it in the day, i see the ferry riding by, i see the sailboats sailing by. that's

365 Views

info Stream Only

Uploaded by TV Archive on