Wrongful Conviction

David McCallum and Willie Stuckey were both 16 when they were convicted of forcing a 20-year-old man into his Buick Regal at gunpoint in Queens, killing him with a single gunshot to the head, then leaving his body in Bushwick, Brooklyn. After being beaten by police and coerced into confessing, David McCallum and Willie Stuckey gave brief and contradictory confessions, each pinning the homicide on the other. They both recanted the confessions almost immediately and rejected offers to plead guilty in return for prison sentences of 15 years to life. On October 27th, 1986, a jury convicted them both of second-degree murder, first-degree kidnapping, first-degree robbery and criminal use of a weapon, and they were each sentenced to 25 years to life in prison. Stuckey died of a heart attack behind bars 16 years into his sentence in 2001, but David McCallum persevered in trying to clear his name. After exhausting all of his appeals, David’s attorney, Oscar Michelen approached Brooklyn District Attorney’s Conviction Review Unit, and in 2014 District Attorney Ken Thompson's office and the Conviction Review Unit completed their reviews of David’s case, finding that there was no DNA evidence, physical evidence or credible testimony to link David or Stuckey to the abduction or killing of the victim. On October 15, 2014, David McCallum and the late Willie Stuckey’s convictions were thrown out at DA Thompson’s request, and David was freed after serving nearly 30 years behind bars. In this special episode of Wrongful Conviction, David McCallum is joined by Acting Brooklyn District Attorney Eric Gonzalez as well as attorney Oscar Michelen. Promoted by the late District Attorney Ken Thompson in 2014, Eric Gonzalez successfully guided the launch of several of the late DA Ken Thompson’s key initiatives, including the creation of the Conviction Review Unit, which has vacated over 20 unjust convictions to date and has been held up as a national model for other prosecutors’ offices. DA Gonzalez was sworn in as Acting District Attorney in October of 2016 after the passing of DA Thompson.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.

In 1998, Vanessa Gathers was wrongfully convicted of robbing and beating 71-year-old Michael Shaw to death. There was no physical evidence linking Vanessa to the crime, and her conviction was based on a false confession extracted from her by notorious New York police detective Louis Scarcella, whose tactics led to the wrongful convictions of more than a dozen people. She is joined by her attorney Lisa Cahill in this episode.

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.

Ronald Simpson-Bey was a jailhouse lawyer who got his conviction reversed for prosecutorial misconduct and subsequently won his freedom after serving 27 years in Michigan prison. In 1986, Ronald was convicted of assault with intent to murder and possession of a firearm and sentenced to 50 years in prison. While in prison he became familiar with the legal system and began assisting other inmates with their appeals as a jailhouse lawyer. Eventually, his work led to his own release twenty-seven years later. Since being freed, Ronald Simpson-Bey has worked tirelessly to advance prison reform efforts, most recently through JustLeadershipUSA, an organization with the ambitious goal to halve the nation’s correctional population by 2030. In this episode, he is joined by Glenn Martin, former President and Founder of JustLeadershipUSA.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.

On September 12th, 1994, 17-year-old Michelle Murphy found her 15-week-old son stabbed to death in her kitchen. After being questioned without a parent or guardian present, which was prohibited under Oklahoma law, Michelle falsely confessed to the crime. Her 14-year-old neighbor William Lee testified during the preliminary hearing that he had walked around her house that evening and reportedly saw Michelle with the dead infant but did not report it to the police. Testing of blood at the scene of the crime excluded Michelle Murphy as a suspect, but at trial prosecution falsely implied that it matched Michelle’s blood type. In 1995, she was convicted of murder and sentenced to life in prison without parole. She was forced to give her only living child up for adoption, daughter Michelle. In 2014, the Innocence Project joined Michelle’s defense team and conducted more DNA testing, yielding results that the bloodstains at the crime scene revealed that there was an unidentified male present that night. On September 12th, 2014, Michelle Murphy was declared innocent, after having spent 20 years behind bars.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.

Noura Jackson was egregiously framed and wrongfully convicted of murdering her mother, Jennifer Jackson, in Memphis, TN in 2005. Amazingly she spent over three years in jail awaiting trial before being sentenced to 20 years and nine months in prison. No physical evidence linked Noura to the murder, and DNA testing not only excluded her as a suspect, but it also suggested that two or three different people were present at the crime scene. The Supreme Court of Tennessee overturned her conviction, unanimously in 2014, and in their 5-0 decision they made strong statements about the misconduct that took place during her trial. The prosecutors threatened to retry Noura, and she was faced with little choice but to accept an Alford Plea in 2015. Noura Jackson was then sent back to prison for 15 months before she was finally released in 2016, after serving 11 years in prison. She is joined by one of her lawyers, Bryce Benjet, Senior Staff Attorney at the Innocence Project, in this episode.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.

In 1990, Jeffrey Deskovic was wrongfully convicted of the brutal rape and murder of his 15-year-old classmate, Angela Correa. Jeff was only 16 at the time of the crime with no prior record. Police claimed that Jeff was overly upset at the victim’s funeral and were certain they had their man. They interrogated him for over seven and a half hours, without his mother or legal counsel present. After browbeating and intimidating him, they ultimately extracted a false confession after promising that he could go home after he confessed. He had also been told that if his DNA did not match the semen in the rape kit, he would be cleared as a suspect. In January 1991, Jeffrey Deskovic was convicted of 1st degree rape and 2nd degree murder, despite DNA results showing that he was not the source of semen in the victim’s rape kit, and he was sentenced to 15 years to life in prison. In 2006, post-conviction DNA testing done by the Innocence Project both proved Jeff’s innocence and identified the real perpetrator, convicted murderer Steven Cunningham, who subsequently confessed to the crime. On November 2nd, 2006, Jeffrey Deskovic’s indictment was dismissed on grounds of actual innocence and he was released after serving 16 years in prison. Since his release, he has started The Jeffrey Deskovic Foundation for Justice, which investigates wrongful conviction cases and provides support for exonerees once they are released.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.

On June 19th, 1995, Dusty Turner was out at a bar with some friends in Virginia Beach, VA, including his roommate and training partner, Billy Brown. Dusty Turner and Jennifer Evans were sitting in his car waiting for Evans’s friends to join them when an extremely intoxicated Billy Brown forced his way into the back seat and began insulting Evans and pulling her hair. When she tried to defend herself, Brown suddenly attacked her, wrapped his arms around her neck in a forceful choke hold, and killed her instantly. All the while Dusty Turner had been prying and clawing Brown’s hand off of Evans, pleading with him to stop. Finally realizing that she was dead, Dusty panicked and reacted to his intensive SEAL training that demanded “always protect your swim buddy” regardless of the cost. Dusty’s instinct for survival and misplaced loyalty to Brown took over as he drove out of the parking lot and helped Brown hide the victim’s body in a nearby wooded area. Eight days later, Dusty confessed the entire story to his commanding officer and agreed to take the police to the body after being assured that he would only be used as a witness during the trial. During Billy Brown’s trial in 1996, Brown testified against Dusty to receive a lesser sentence of 72 years in prison. Three months later, with an outraged community and media frenzy surrounding the case, Dusty Turner was convicted of first-degree murder and abduction, and sentenced to 82 years in prison. 

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.

In 1998, Kian Khatibi was 22 years old and living in Westchester County, NY when he was wrongfully convicted of stabbing two men during a bar fight and sentenced to 7 to 14 years in prison. After eventually discovering that his brother had committed the crime, Kian successfully fought for his release from prison in 2008 and was finally exonerated in 2012. Kian Khatibi graduated with honors from New York University in 2011 and passed the bar exam in New York after graduating from Cardozo School of Law in 2014. He established a law practice in New York City and is currently working to free other wrongfully convicted individuals.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.

This special edition of Wrongful Conviction highlights the updates from two episodes recorded from Behind Bars. Since airing the Season 4 premiere about Lamonte McIntyre’s case, which was recorded while Lamonte was awaiting a new trial, he was finally freed on Friday, October 13th, 2017 after serving more than two decades behind bars in a Kansas correctional facility for a double murder. Season 2, Episode 5 featured a behind bars interview with Jon-Adrian Velazquez. “J.J.” was convicted of second-degree murder and sentenced to 25 years to life for the 1998 shooting death of Albert Ward, a retired police officer who owned and operated an illegal gambling spot in Harlem. Ward was shot and killed in the course of a robbery. Following the robbery, witnesses provided a description of the gunman as “a light-skinned black male with dreadlocks,” which prompted the search for “Mustafa,” a known drug dealer who fit the description. After learning that he was being sought by the police, J.J. attempted to vindicate himself of the allegations by voluntarily subjecting himself to a lineup. Out of nine eyewitnesses present at the scene of the crime, three identified him at the lineup. Despite being a light-skinned Latino who had never had dreadlocks and despite providing phone records which corroborated his alibi and showed that he was talking to his mother during the time of the crime, J.J. Velazquez was sentenced to 25 years to life even though there was no physical evidence linking him to the crime. Since then, two of the witnesses have recanted, and the other eyewitness has expressed serious doubts. J.J. and his alibi witness have both taken lie detector tests and have passed them. He is currently in his 21st year at Sing Sing Correctional Facility.

https://www.wrongfulconvictionpodcast.com/with-jason-flom

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.

Ryan Ferguson was a 17-year-old high school student when Kent Heitholt, a sportswriter for the Columbia Daily Tribune, was found beaten and strangled in Missouri. Heitholt's murder went unsolved for two years until police received a tip that a man named Charles Erickson could not remember the evening of the murder and had told a friend that he thought he may have been involved. Erickson, who had spent that fateful evening partying with Ryan Ferguson, was interrogated by police and despite initially seeming to have no memory of the night of the murder, eventually confessed and implicated Ryan as well. Police offered Erickson a plea deal in exchange for testimony against Ryan at his trial in 2005. Despite the lack of any physical evidence tying Ryan Ferguson to the crime, he was convicted of second-degree murder and robbery and sentenced to 40 years in prison. 

Wrongful Conviction  is a production of Lava for Good™ Podcasts in association with Signal Co. No1.

​​We have worked hard to ensure that all facts reported in this show are accurate. The views and opinions expressed by the individuals featured in this show are their own and do not necessarily reflect those of Lava for Good.

See omnystudio.com/listener for privacy information.