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tv   Prosecutorial Misconduct  Al Jazeera  August 1, 2018 9:00am-10:01am +03

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their countries haven't truly been able to escape. out of them or caught in their hobbies the top stories on out of there own them both ways ruling party the new path has won the majority of thinks and parliament off the monday vote that to a commission says and isn't running gag with party gained one hundred nineteen against forty one for the opposition and these things fifty eight seats have yet to be declared with the first poll since over in the gulf i was forced from office let's get more now from home the top as he joins us on the phone from harare to howard talk us through these results. was there anything done if your party has a majority in parliament is not cheap the truth is in charge of the way things are going it's looking like they're going to get it in the life of happening well it's a little boat in like need a little boat was the one that was key but majority of people in rural areas and
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they always say yes' thanks maybe they go to for the really bizarre to be a party the main opposition party the m.d.c. alive is still interesting as they have won the election they say that the election has been raked they need to go to court and some are pleading to protest on the street is no idea when the presidential results will be announced it could be a few more days because the election officials say that they need to wait for orders on the cut into a much more than teeth out of the station across the country so all eyes are on the result on only a few hours tired of that particular majority and of course the iliac the lack of a press conference if you can have the very instant wanted to see if the opposition m.d.c. accept these results. that is because you clearly know a little bit to be worried. me not to get your shit out of course maybe a crisis you don't want to be in because it leaves economy reduce that repeated moment or not recover to all i really believe
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a little bit election is looking like the climate results at the moment. fortunately we've lost the line to harare reporting from zimbabwe. now facebook says it's found evidence of attempts to influence the upcoming us midterm elections it says it's removed thirty two fake accounts that were being used to sway the outcome of the polls two in november. south africa's president says ruling african national congress will push ahead with plans for the expropriation of land from white farmers without compensation so opposed says the a.n.c. will try to amend the constitution with the support of the left wing economic freedom fighters. a passenger plane has crashed in northern mexico shortly after takeoff one hundred and three people on board the brazilian build jet survived but most of them sustained injuries and were taken to hospital along to the national
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carrier aeromexico it was the most domestic flight from durango to mexico city the governor of durango says the plane was hit by gusts of wind that left the runway. here as president donald trump has held one of his make america great again rallies in tampa florida he's campaigning for republicans head of the upcoming midterm elections donald trump also spoke about several foreign policy issues. we've taken the toughest ever actually as a response to john. and we're doing very well with john very well and i have a lot of respect for john and i have tremendous respect for president xi of john. but this is a big deal many years of abuse five hundred billion dollars a year five hundred billion we've helped rebuild china we can't do that. an attack
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on a government building has killed at least fifteen people and injured another fourteen in eastern afghanistan two gunmen set off explosions and stormed the office for refugees in the city of jalalabad security forces fought for six hours to end the sea. and in the u.s. state of california say they've saved a populated area from wildfires there's a sweeping across the north of the state if i was diverted from the city of clear lake into the national forest at least six people have died and seven more still missing since the fires broke out more than a week ago. now with all the headlines we're back with another news update on al jazeera after the system.
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don't want to speak today for the voiceless those who doubt come out of prison speak for themselves i did everything innocent man could possibly do everything that you love is taken away from. i think the president has the greatest power of anybody in our society he is a powerful life and death i was in pretty good twenty one based on false allegations that just means you can check me check my truck i don't shoot anybody i have anything to do not if the prosecutor doesn't have integrity of the prosecutor is going to seek convictions for the sake of convictions when the prosecutor is dangerous for instance and so. the american criminal justice system and forces are laws and keeps watch over a person. who is watching the system. i'm joe berlinger and i've used my camera for twenty years to knock down doors and pursue the truth it's just now we're going inside the american criminal justice system a comment on the judge from law enforcement to elected officials the court system
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to corrections to find out if justice is being served. we're headed over to brooklyn where in the last couple of years there's been a number of high profile exonerations of the wrongfully convicted based on police and prosecutorial misconduct many of these cases go back to the eighty's and ninety's when drug violence gripped new york city and some cops cut corners one detective louis scarcella is at the center of the storm in new york district attorney is arguing that murder convictions that were possibly tainted by a detective was accused of playing by his own rules. for years scarcella allegedly coerced witnesses and suspects to lie investigations into his cases have led to exonerations of four men and there might be many more i did nothing wrong and i stand by my investigation but the problem is not just with one person but there
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seems to be a culture among certain prosecutors of conviction at all costs. police don't try murder cases prosecutors do is never been publicly aired how much prosecutors knew about the alleged misconduct that detectives in those cases were responsible for there's a lot of blame being put on the tech of scarcella but the bottom line is he had to have a supervisor i had to be a district attorney on the case for over two decades the top prosecutor in new york city was charles hynes in two thousand and thirteen after repeated allegations of prosecutorial misconduct under his watch hines found himself in the tough his reelection campaign of his twenty three years on the job. i think the president has the greatest power of anybody in our society. he has a powerful life and death and the press accused doesn't have integrity the prosecutor is going to seek convictions for the sake of convictions when the
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prosecutor is dangerous we investigate two stories of men trying to clear their names of murder both with cases that are tainted with alleged police and prosecutorial misconduct. tyrone johnson and derrick hamilton one working from inside prison the other working from the outside. so we're headed out to new haven connecticut where we're going to meet derek hamilton derek was accused of a murder in brooklyn in one thousand nine hundred one problem is he claims he was in new haven at the time and yet he spent twenty one years in prison for a crime he claims he didn't commit derek's case is one of the cases handled by the . louis scarcella that are under review by the brooklyn district attorney's office is out on parole because the parole board is sympathetic to his claims of innocence but he still needs to go through a legal procedure to clear his name. and
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you don't have to be story. story this is. my nephew i don't know you're only six twenty one right. you know ironically i was about that age when he came on my son's about this so you can imagine. you know the type of situations you know you don't think of the fact that you know whatever you want to in school i wasn't it every grade graduations that he went through i was a private he was a private how did you maintain your sanity so you story right there was a god used to bang on walls in the prison and will sound like bombs dropping. i said look my. stop the bang and he says you know what keeps my sanity bangit you read law books that's what keep you keep real love with me keep banging so i say well could you knock it down a little bit. because you can't tell somebody what to do so for me fighting this
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case read a lot understand look at my sanity only twenty five years old in one thousand nine hundred one derek hamilton had a troubled history with the law he had already served six years of a thirty two and a half to life sentence for manslaughter he received an early release under a plea agreement and was starting a new life in new haven connecticut and taken some money left him from his father to buy a hair salon. that january a man hamilton new name cache was shot and killed in hamilton's former brooklyn neighborhood. cache his body was found in front of the apartment building where he lived. the victim's girlfriend. spoke to crime scene detective lou. and his partner frank de luis. because she was on parole at the time jules smith told the officers her name was karen smith to protect herself detective de luis is now is clearly indicated that karen smith told him she had not seen the shooting but when
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smith was brought to the seventy ninth precinct and interviewed by scarcella her story changed now using her real name. told him that she saw the shooting and the shooter was derrick hamilton hamilton was doing renovations in his hair salon in new haven connecticut when detective scarcella showed up looking for him. and he was actually. stations. actually seeing a uniformed cop for you know walk to the door they came in. again. they came over right here. she said. and he said he'd been arrested. when he got to the police station is when he. when he came in.
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i think he is going to say something again. you know and then he said. you go back to prison for your previous. hamilton would ultimately spend the next twenty one years behind bars but he never stopped claiming that and the prosecutors who convicted him had twisted the facts in order to put him away claims that would be the foundation for his fight against the system this is the case every. day just a matter. no disguise guilty i'm just against me go to these goatee and judge at the judges believe him. so we're headed up to ossining new york which is about forty miles north of new york city it's the home of the infamous sing-sing
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prison it's also the home of tyrone johnson who's been there since the year two thousand convicted for a murder that he claims he didn't commit iran's case is the second that we're profiling in this episode and it's one of the few examples where the prosecutor actually was reprimanded and lost his license and yet tyrone still sits in prison tyrone johnson's case is full of twists and turns the queens district attorney's office suffered a huge embarrassment when one of its lead prosecutors was caught lying about a witness there were even allegations the judge was helping the prosecution's case you know it's not the state's right but none of that controversy prevented tyrone johnson from being locked up with a twenty to life sentence. i don't know the most you need to know. how old were you when you got arrested twenty three or twenty three. what's that like what's the feeling like to be trapped for some you and it's like you against
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yourself your life as you know in your family is like you taking so much in at one time everything actually love. and it's taken away from you you know you had a young daughter and she might be seventeen years old now but. she thinks that the god. it's not me. on february fifth two thousand fifty year old nightclub owner leroy van was murdered in front of his queens home according to police it was three twenty in the morning when two men approached van looking to rob him they tried to handcuff him but he fought back to shots were fired and van was hit in the chest somehow van stumbled into his house where he lived with his mother mary puryear to whom he made a dying declaration which would prove critical to the prosecution's case. tyrone johnston says he was out late that night and didn't find out about the
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murder of a man he considered a friend until the next morning i got a phone call somebody says. i got shot last night he said but your name is and i said mommy but then he said yeah. police were already waiting for johnson outside his house they brought him to the precinct for questioning. well he was an os with and you better think to let us know why would he say your name he said you know we know you didn't shoot him but he said we believe you would there when the cops said that's what they said at the gate. you can check me for. anything check much check everything i did to anybody i haven't even if it was not. two hours later you come back he said. he says he invented a. so we're heading over to queens we're going to meet tyrone johnson's wife see a man who used to be a police officer and interestingly they were childhood sweethearts broke up but
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then got to know each other again after taiwan went to prison and they actually got married while he was still in prison and she's been a big supporter of his case. tyrone johnston's case is one of the most controversial instances of prosecutorial misconduct in recent memory but he's still languishing in prison serving twenty years to life for a murder he says he didn't do and they're. a major. so tell me what he was like he is a real gentleman and he lived few blocks from here i live on the other side of queens after school he would take me home what do you think tyrone would be doing now that's never happened oh he was only acting and did a couple of planes and it was an act. of entertainment here and that's his son tom he lives in virginia and i told us you know as the same as that yeah he comes every couple of months want to see him. yeah longer and grew up with
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a dad in jail yeah and you know he's been told. in jail made us all his own maybe that but now he's older. he just help and he gets out. as the investigation began all the police had to go on was leroy vance dying declaration as told by his mother mary. fourteen years later we go to the crime scene where leroy van and his mother mary lived in jamaica queens we meet with the current owner of the house keith shell who knew leroy and his family closely until mary died in two thousand and four. that night i got a call from lee were his daughter telling me dad they shot dad. and i said i'll be . right there. here this is where he got shot and he crawled while he stumbled all the way up into the house came into here. this week let's
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just bury was a little bit. that way told that today show this is not a stranger this is a man a treated me like a son this is a man i looked up to leroy yeah but he had like a lot of young guys coming in and out of his after i was so i kept the peace you know if you wanted to explain why he would say my name yeah he got into a dispute with some guy that i've will when i knew don't need boy said that they were gamelan the night before and a guy sitting took some money from home and he wasted he know nothing and he told me his last words to me was like i've never been extorted and i'm not going to start now i said i don't know nothing but i do believe that someone that he knows to me. and he was saying mining to identify who these people were tyrone claims that leroy van's dying declaration was tyrone knows who shot me
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but his mother misunderstood it as tyrone shot me. one. knows about it. you're. just the last to the police get a break daniel small in custody for another crime said the guy known as phantom confessed the murder to him. daniel small id tyrone johnson in a photo lineup as being phantom. was no. don't know what it is god made this up two days later police showed up at johnson's house they call mother to present. an interrogation room again and the. rest an officer and a door close and then another officer came in and he said take issue he said you know the rest of the way and. that was it in
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a bizarre turn daniel small who only days earlier aidid johnson as the killer was himself killed in an unrelated incident and police were left without an eyewitness this is the guy that has the comment of when you don't have a witness so now what find me a witness this is henry and he comes into play at. police return to the crime scene and found a neighbor who lived across from. henry hanley henry lived in this house told me he lived in the base. investigative reporter joaquin sapient wrote a series about prosecutorial misconduct that took a look at thirty cases in new york city including tyrone johnson's family agreed to testify in exchange for lighter treatment for his own role in the crime he said that he was helping sort of arrange this murder and that he had a walkie talkie when leroy arrived he was going to radio them to tell him that he
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was the first on the scene. and we have he was in my life was when he took a stand against me he said he knew me for two years he said that you guys knew each other yet and that you were part of a robbery plot together like i know he was for. me as something like that was coming out and that's not true no i never met. the case was going to be chiefly based on henry hamleys testimony according to the prosecutor a guy named claude stewart who was by then a veteran queens district attorney and he led the defense to believe that the main evidence against tyrone would be the dying statements from you and from lee roy vance mother coupled with the testimony from henry handling. prosecutor claude stewart waited until the day before the trial to share critical piece of information with johnson's lawyers
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a police statement from. hamleys aunt hanley lived in her basement. and what she told police sounds much different from what head henry hanley says he participated in. told investigators that she saw a man who is significantly taller than tyrone johnson confront the victim leroy van minutes before the shooting. saw a six foot two. and she said he weighed about two hundred thirty pounds and if you weigh one thirty one sixty now. police showed the photo lineup with tyrone johnson in it but she could not identify anyone. not only says that the description of the killer is much different than the than what johnson looks like but she also says that henry hanley was asleep in her basement at the time of the shooting johnson's lawyer wanted to caution to the stand but he
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couldn't find her they asked claude stewart for help finding her but claude said he couldn't find her either the judge jamie rios also asked prosecutor stewart if he knew the whereabouts of. again prosecutor stewart said he did not know. so alan x. from what he said we find his witness to say we're going to see just as real as knew how important night was to me but prosecutor claude stewart didn't know where knight was he was lying to the court so the trial proceeds without nice taking a stand and tyrone is convicted prosecutor stewart had just committed one of the most common and potentially damaging forms of prosecutorial misconduct the brady violation we refer to this evidence that is favorable to a defendant as brady evidence bennett gershman was an assistant d.a.
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in manhattan and served with the special state prosecutor investigating judiciary corruption the prosecutor isn't trying to win a football game the prosecutor is not a partisan the present is a minister of justice so if the prosecutor has evidence that might be helpful to the defendant the prosecutor has a constitutional. an obligation to due process and one of the principal ethical obligations to disclose it evinces a defense and if the prosecutor doesn't do it the evidence is subsequently located the prosecutor case will be vacated the prosecutor will lose. but prosecutor stewart won his case and had tyrone johnson convicted. just a few miles away with information that might have proven his innocence. in july of one thousand nine hundred two derek hamilton was on trial for the murder of nathaniel cash hamilton has a big similarity with tyrone johnson's it came down to the alleged eyewitness
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testimony of one person in hamilton's case her name is. the police say smith aidid hamilton as the shooter but it isn't so simple when the defense doesn't know is there is actually the same person as the woman who called herself karen smith at the crime scene and told detective frank she didn't see the shooting. the fact that she gave two different names and two different versions of events would have raised serious red flags in trial about the reliability of her idea of hamilton as the killer. smith said you didn't do it. and then she went to the police station. and said you didn't do it so what transpired to make her change her testimony i don't know what happened in the prison because i was in the well i'm going to use what they said that according to jewish smith she said that she went to the prison did told us she was going to jail for murder she said i committed a crime. kids again she said i did exactly what they wanted me to say this sign
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a statement she did the fact first told police she knows he knew crime never came out. and the reason why it didn't come out it's because the statement she recently gave was an. ax the prosecutor was julian cameron's. the same person the pressure to end. they told malloy they did not know. and can have cleared it up detective frank. who took first statement but he was not called to testify over the jury had done. told a cop to shoot. hamilton was also counting on alibis from people he was with in new haven connecticut at the time of the crime. one witness will follow dixon was in the hospital with a doctor's note and couldn't make it to the when is that he noted jim freeman was afraid. that if he came into the fire that we chilled. with no alibi
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witnesses and jewel smith now testifying that he was the killer hamilton was convicted of murder in the second degree but before he could be sentenced. to catch a break the prosecution's star witness. recanted her story saying detective louis scarcella had forced her to name hamilton as the killer smith was called in front of the judge. came in she said no i didn't miss witness about and yeah no i didn't you people made me say this but scarcella testified smith was only changing her story now because she was scared of hamilton the judge sided with the. throwing out smith's recantation. hamilton was sentenced to twenty five years to life in prison the prosecutor said down the one thing what did you tell a police and media at the crime scene and they lied to the jury derek hamilton believes that the absence of detective de luis a from the trial is proof that
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prosecutor and gutman was covering up the truth about her star witness jewel smith believes. smith was used because of actions he didn't call the tech to. chairman smith gave the statement to he was a record as a resident of. well when you call the guy because you know how you call him a lawyer would actually question did you take this statement who was karishma. we reached out to prosecutor gottman in the brooklyn d.a.'s office for an interview but they declined saying that they don't discuss individual cases until a decision has been made. in this case boil down to what jews. told the car and i should use it in a good book to murder. the
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coca plant has long been a pillar of bolivia's traditions but its use in illegal drugs today is threatening the nation's culture most adora jews are involved because they received it back so while some have made fortunes many others have suffered at the hands of this multi-billion dollar industry malady my mother was trying over to cable and brought to me come with a pole it was a he described who are the winners and losers of this illicit trade snow will be n.d.'s on al-jazeera the middle east's most religiously diverse country you still have to be just communities you don't have one vision for the future you have nineteen of them divided along sectarian lines the confessional system in lebanon has destroyed. and heavily influenced by regional allegiances and i was one preventing the other you have civil war so it's always this balance that said he kept following its first parliamentary elections and nine years people in power investigates the state of lebanon on the jersey.
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and again. these are the top stories on al-jazeera zimbabwe's ruling party zanu p.f. has won the majority of seats in parliament after monday's vote in. commission says emerson manning gag was party gained one hundred ninety eight seconds forty one for the opposition movement for democratic change fifty one more seats fifty eight more seats i get to be declared as the first poll since robert mugabe was forced out as president south africa's president says the ruling african national congress will push ahead with plans for the expropriation of land from white farmers without compensation around opposers says the a.n.c. will try to amend the constitution with the support of the left wing economic freedom fighters facebook says it's found evidence of attempts to influence the
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u.s. mid-term elections in november and it says it's removed thirty two fake accounts which are being used to sway the outcome of the polls. all one hundred three people on board a passenger plane have survived after it crashed in good fire in northern mexico most of the people on board are getting hospital treatment for their injuries plane belong to the national carrier aero mexico domestic flight from durango to mexico city the governor of durango says the plane was hit by a gust of wind as it left the runway u.s. president donald trump has held one of his make america great again rallies in tampa florida is campaigning for republicans as head of the upcoming midterm elections trump also spoke about several foreign policy issues. we've taken the toughest ever actually as a response to john. and we're doing very well with china very well and i have a lot of respect for china and i have tremendous respect for president xi of john.
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but this has been too many years of abuse five hundred billion dollars a year five hundred billion we've helped rebuild china we can't do that it. five in the u.s. state of california say they've saved a populated area for wildfires that is sweeping across the north of the state if i was diverted from the city of clear lake into the national forest at least six people have died and seven more still missing since the fire started more than a week ago. now with all the headlines more news on al-jazeera after we return you to the system. every. creates fear and division amongst its citizens. stories of loss. a sweeping association of islam with violence. facing the stock reality
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of being ostracized by the very communities in which they live love and moon the tragic loss of life. on al-jazeera.
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you know prosecutors have a very unique power to take away your personal liberty and you want to believe the prosecutors always act with the intention of seeking the truth but sometimes prosecutors are blinded by their desire to win to convict at all costs and that can lead to wrongful convictions. hamilton and tyrone johnson believe that the prosecutors who handle their cases abuse their power they are not alone in new york city wrongful conviction claims have skyrocketed and in two thousand and eleven brooklyn d.a. charles hynes created a special conviction integrity unit to investigate these claims this is the
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criminal justice system it involves human beings and what about semen beings it's not going to be perfect. as a criminal defense attorney who is assigned as one of the first. to the conviction integrity unit it's really easy for a newly elected district attorney to come in and say i'm sabotaging a conviction integrity unit but what mr hines was doing was different he had been serving for well over you know for twenty years in brooklyn and he said i've not which i might have made mistakes and by i i mean the hundreds and hundreds of a.d.'s who have worked for me but critics were claiming that the new conviction integrity unit was just a political move by charles hynes to help his reelection bid as district attorney a lot of observers in a new york criminal justice system feud the conviction integrity unit as a smokescreen that in fact there wasn't leading to a huge amount of reform within that office i don't believe that we should have innocent men being convicted for murders that they did not commit hines's opponent
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ken thompson campaigned on the wrongful conviction claims piling up on the d.a.'s desk at the end of an era brooklyn district attorney charles hynes who has been in office for more than two decades. and in two thousand and thirteen thompson made history by becoming the first candidate to defeat an incumbent one hundred years. he promised to speed up the wrongful conviction tied to detective. parolee derek hamilton hopes that thompson will keep his promise. for two decades derek hamilton has been fighting to overturn his guilty verdict for the murder of the fan you'll cash in brooklyn hamilton says he was in connecticut at the time of the murder. come and were headed we go into. the night for. a reason for the name of the going away party. over.
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the party over the carpet on john were so you had plenty of alibi would let me plenty of family and friends we would. go away. it was that day. kelly turner's derek hamilton strongest alibi witness turner was running a talent agency at the time of the murder and later became in meyer new haven police officer at the time hamilton thought he could help turner with her talent booking business in new york where he had connections so we agreed to meet the next team so he came over to my room picked me up took me from his. claim to what i could possibly do for the company cable to contact the making of the cash that already been shot by the timing of that meeting well actually we was in the me. book but some question hamilton story there is some people who believe that the alibi is cooked up they believe that garrick has made inconsistent alibis that the
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alibi witnesses and people who know him and are biased toward him i don't believe there is anything inconsistent to doubt the alibi witnesses that there are it has put forward jonathan edelstein is derek hamilton's post conviction attorney i took a look at his file. and i was convinced of two things first of all that he was innocent and second of all that the way the courts had treated him made me sick in terms of them not even the. willing to hear his witnesses and i decided i was going to try and get some help from. a lot of people who just can't wrap their heads around prosecutors withholding evidence or doing things that are not by the book and for the most part i think prosecutors of course. care very much about the integrity of their jobs but we've
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seen enough examples where some prosecutors don't play by the rules because of prosecutorial immunity which is the doctrine that prevails in this country prosecutors aren't held accountable. the theory behind immunizing prosecutors from being sued is we don't want to chill the prosecutor is strong courageous efforts to prosecute bad people so absolutely immune from civil litigation some prosecutors have been disciplined for their misconduct but it happens infrequent in tyrone johnson's case prosecutor claude stewart had committed a serious violation by not telling the court he knew where a key witness was and johnson was convicted for the murder of leroy van honest then you went just everybody does but you should want the right clothes and avandia. as he waited for sentencing johnson's best hope was to find victims. she told police that she saw the killers and. did not match any of them tyrone's family
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hires a private investigator who before he's even sentenced goes and finds a nice night. she also says that self had come to her job four days before he said in court that he had no idea where she was. which basically means if that's true stewart was flat out lying and also says that she can discredit the key testimony from the prosecution's alleged eyewitness. knight said handley was in her basement asleep with his girlfriend when the shots were fired and she woke him up to tell him so she signs an affidavit to that effect
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and they were able to file a peel based on that. and the whole thing just blows up. prosecutor stewart's case started to fall apart when johnson's private investigator michael race interviewed henry hanley. and tell. after being. coached to make sure his story matched the prosecutions it wasn't the first time district attorney had been accused of playing. they find five years before he did something very similar in a different case it didn't seem to have any impact by the time. he's working some of the biggest cases in the office. prosecutor stewart's the queens district
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attorney richard brown. so the queens district attorney agrees to vacate the conviction which is an extraordinary measure stuart and being forced to resign they refer him to a disciplinary panel. was the only prosecutor new york city prosecutor in the last ten years to be disciplined for misconduct so this really is historic and even though he ends up losing his license it really does demonstrate how lax the oversight system is for prosecutors as well. prosecutor. was going for. him we tried to talk with the queens d.a.'s office about the case but they declined.
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after prosecutor claude stewart was forced to resign. the queens district attorney . to the case they assigned the case to. eugene steen is a senior district attorney very well respected guy star showing that they mean business the second trial begins in july of two thousand and three jamie rios is the presiding judge again. visits the prosecution's former star witness and rehana lee who is in prison at the time just months earlier hanley had recanted his testimony idea johnson claiming he was actually asleep at the time of the murder and hanley gets on the stand and then recants his recantation this time however
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hanley's anthony's night would tell her side of the story that she is the one who saw the shooting and the shooter wasn't tyrone johnson but it would not be enough when after knight's credibility cheney's night gets on the stand and she says that he had insomnia but when the jury asked the courts to not refer to read back she nice nights testimony the stenographer misreads it saying night had amnesia not insomnia as she had originally testified she misread the rebbe so. and they said the court said that we are correct that in the next no they came back was. ultimately it's the testimony from fans mother once again married per year that seems to trump it all wrong. johnson was found guilty for a second time and sentenced to twenty years to life but the case wasn't dead yet the former law clerk for judge rios judith member came forward with
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a shocking accusation member said she overheard a secret conversation where judge rio's coached prosecutor on how to handle problematic testimony from henry hanley coaching the prosecutor in the second trial he destroyed any kids mr johnson had for a fair trial johnson. lawyers move for yet another trial at a hearing rios admitted to speaking to read the claim he couldn't remember the details the judge reels admitted having conversations with the d.a.'s office but did not discussing details of the tyrone johnson case u.s. knowledge that's not the same. despite the mounting controversy around the case the verdict was upheld in tyrone began his twenty to life prison sentence i did everything innocent man could possibly go and you know things just don't happen like. last night elia forced the would begin five for no reason. do jamie think
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didn't have that meet and what just is real for no reason just as real as they get disciplined for no reason i would be sitting here with you if i if i did it why do they stick out because it doesn't fit because on the wall postman like tyrone johnson derek hamilton was sitting in prison at his wit's end claiming he too was the wrong man finally in two thousand and eleven he caught a break after trying to get his story out for nearly two decades an article in the new york daily news about this case that the state's sit up and take notice the new york state parole board is not the most liberal of parole boards it's specially in cases where a defendant is convicted of murder and has been given a life sentence. in this case. the parole board saying that you know she was the sole witness against him he doesn't believe that he did it and they decided that there must be enough there that he shouldn't be in prison after spending nearly two
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decades in prison in december of two thousand and eleven hamilton was released on parole i was in auburn correctional facility upstate new york and he had searched with the bells used to ring a certain times. and i saw always pray going to bill's wings as police and when i heard that i was being released on the bills when i just thank god the door there was somewhat of. hamilton may be out but he has a tough road ahead to prove his innocence once and for all still a convicted felon the conviction has not been vacated it's not been dismissed we have not cleared his name again. despite being out of jail for three years hamilton still grappling with the transition to everyday life on the outside. trying to learn to celebrate birthday parties. you know with the problems.
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and kind of like what's the big deal about approved. his heart his body just you know this is. what we as family we have the struggle with and give him time to get back it's going take a lot more time than most of these i'm feeling to get that. he's coming home. to. and i'm still trying to get most of. my so. this one just. tyrone johnson is still on the inside and he too is looking for justice his wife hsien is helping him gather evidence that might be the key to getting out.
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yeah. joe berlinger are you. i'm you know we've been talking to your wife telling us what's going on one of the next steps here and. you want to. tell me about that that now . you know. what. what. care i got. by. tyrone johnson is running out of options this d.n.a.
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test may be their last chance to prove his innocence. detective who has worked many high profile wrongful convictions. most of my work. in work. until i retired from the. there's a d.n.a. sample right that's out there and i think we need to you know explore that d.n.a. sample the known way that d.n.a. works is there somebody to match it to. tyrone johnson's team has their eye on a potential suspect one of the prosecution's key witnesses that said a man known as phantom confessed to the murder of leroy van the witness id johnson has phantom was that your nickname that no so you must make another no phantom somebody that i know would get it's got me to some j. saltpeter recently talked to a source who said the real phantom was in new york rikers island correctional
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facility and was talking if you want i could play else loves you and i'm hoping this could be good for scott prison d.n.a. . ok now you know tyrone johnson the search tyrone by any other names any nicknames. why won't. you have a known tyrone jackson to go that if they have them they're very sure you. have this cherished estate. which this thing. is he. did. ok to have a conversation. with regarding the death. scene. when engineers say. the suspect. took. one of the rug.
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now we say took care. to specifics of what take care of that. thank you. i think this helps phantom who always was in the police reports is back in rikers island and now he's sending messages to tyrone's wife that he wants to talk to somebody is a good chance is that he needed or he was with yeah it is time you know i'm not doing that kind of thing you know he like he wants to do something but i mean how else are you going to help right i mean that almost sounds like he did it we need to focus on this guy and the hat phantom's in on a d.n.a. case where he's got to give a sample anyway we think he was there when he pulled the trigger or whether he saw
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who pulled the trigger i think that's critical for you know in how we go forward as the money comes the roads. think that's a. while johnson is stuck on the inside relying on this team to get him one more shot at a fair trial parolee derek hamilton fights the system on the outside to prove his innocence these days hamilton works as a paralegal today he's heading to the office of his defense attorney jonathan adelstein would be coming right out of the president did a good job would probably have lawyers have a dream come true is what i want to do before i went to prison as well maybe. you don't all right myself if you give me a summary of what issues were raised i got spanked thanks. to find a man with compassion amanda understood your struggle really made a difference for me that was the. other there. and he basically gave me the courage to have my family go out and picket silos and you know make them go out and fight
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to get the media but i think the only way that you can level the playing field is by having people as willing to fight corruption. knowing that. hamilton may actually get his day in court and the chance to clear his name. and january fifteenth two thousand and eleven for the first time in new york history an appeal court ruled in favor of hamilton declaring then an innocence claim alone is enough to merit a second look and a conviction if you can show by clear and convincing proof that you are innocent you're entitled to have your conviction vacated in your charges dismissed a web opportunity called to take a back and confront him now as the roll copy is i speak today for the voiceless those who are literate those that come out of prison speak for themselves i was in prison for twenty one years based on the check of those costs all of false allegations that just me this is not one change this is not two case is one of two
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cases to me the access to wait long must be wait for just. when you want people to know about your case. i would never ever admit to a crime that endo and at the same time that's my friend that i'm in prison for and maybe if i don't get out. and maybe. or anybody else's kid. my life meant something maybe someone else profit from it prosecutors possess a huge amount of power when they abuse that power. there's no one out there holding them accountable my case it seemed to me as if the political machine of keep me in jail the judge was the prosecutors you know was all were going to go the professional disciplinary mechanism against prosecutors is a scandal it's a paper tiger prosecutors don't like discipline ironically in some of these offices where the prosecutor is tough and violates rules the president gets promoted if
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you're innocent of a crime call your lawyer don't never open your mouth or anything because what they're going to do is make a story around what you say just to pull you guilty i don't care if it makes sense or not you know this is my life now i can just walk away not like this didn't happen they made me to advocate that i was once i am an advocate for them to convict him. as well. hello little to say to change the weather i'm afraid from the east of iran right back to the east and measure raining you know the score it's the height of summer
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it's hot it's often breezy and dusty twenty nine by route forty two in baghdad seems fairly no work to forty now in tehran and of course turns quite high above sea level so it's hot dry weather and the breeze it's fairly common in the northwest. quite often disappears is time the year lies he would weather on the gulf states is not at the moment such required to drive whether the dust is further in than the middle of society's come right way down to the south and so i was still enjoying that's probably the right word the car if that is leeds is hot dry part of the world across the tropics and down to southern africa where surprisingly it's quite warm in the middle of botswana you've got nearly thirty degrees cape town's increasing cloud might give you a promise of better rain but a lot of huge amount to be honest is just getting through the dry ice time of year really does get cold at night but not quite frosty not for the most part now back in tropical africa received significant rain recently in sudan and south sudan
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ethiopia eritrea as you can see there is a long way north in chad right up into the southern so hard. august on al-jazeera european muslims today are facing the consequences of having their faith linked to all the attacks even though day two of victims of the violence the largest multi-sport event on the continent asian games in jakarta i will host athletes competing in a mix of traditional and the olympic sports a vibrant new series of character led documentaries from immigrant neighborhoods across europe as a rainy and brace for u.s. sanctions due to get back in place on the sixth of bogost al-jazeera will cover the developments from town wrong in a three part series al-jazeera uncovers the motivations and impacts of the brutal human explode taishan system then lay the foundation of today's global powers ogust on al-jazeera.
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to. the for. the first century. a survivor of the genocide there are people who beg me to kill them when they're suffering but i didn't have the heart to who's dedicated his life to searching the woods for bones of the victims of the srebrenica massacre. knowing them here is not all. you know hope of finally laying the past to rest and giving peace to the victims' families if i could just find a finger i could bury him. on al-jazeera.
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zimbabwe's rulings and o.p.'s policy when some majority in parliament. i'm sorry say this is al jazeera live from coming out south africa's president says he'll go ahead with land reforms and white farmers won't be compensated a lucky escape all one hundred three people on board a mexican airliner survived as the plane crashes just off the takeoff plus. i'm saying in the south of tehran where ron's water crisis is making it more difficult to beat the summer heat.


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