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tv   Prosecutorial Misconduct  Al Jazeera  July 29, 2018 11:00pm-12:02am +03

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and the similarities of cultures across the wound. so many times when you call home al-jazeera international bringing the news and current of friends that matter to. al-jazeera. i'm john allen london and these are the top stories on al-jazeera a teenage palestinian activist who was jailed for kicking and slapping an israeli soldier has been released from prison seventeen year old i had to meet me urged people to continue to fight against the israeli occupation and or simmons has the story from nabil sala in the occupied west bank. but we all dread jail ordeal much the same as hundreds experienced by young palestinians every year but the case of how to mimi is profoundly different with her mother now a man who shared jail time with her she was greeted by her father i had to mimi is
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already being portrayed by palestinians as an icon of resistance to the occupation who now let me give all of the modern she spoke on a range of political issues including gaza and the rights of children in israeli jails to get education and sit exams as she managed to do after pressuring the oath or says later she told al-jazeera she was deprived of some rights in jail to enter a geisha i was really hard i was subject to sever violations the into the gaither used scene where it's the me i'm against there were no female soldiers there i have a right to that i had to interrogators questioning me also as a minor they didn't and every inch of her family member to be there which was my right. people describing you as an icon do you intend to take up politics perhaps and. maybe with time when i'm even i might think about it coming up in addition at some point. the prison sentence was for this head slapping israeli soldiers
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outside her home filmed by her mother never mind the video went viral then it was arrested a short time later her mother was also detained and. a father who spent most of his life as an activist with several prison terms says he's both proud and sad. must have been a job she can't live normally i feel i feel some type guilty because we can't in the basin and it's become of the do it and that is wanted to watch and her father is probably right when he talks about his daughter's life changing for good at the heart of it all is social media the battle over imagery and symbolism and so this is the face the palestinians and the israeli security forces expect to represent more defiance to the occupation. it may be a start and not an end to her actions andrew simmons al-jazeera the
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seller in the occupied west bank a fishing boat carrying aid for gaza has been intercepted by the israeli navy and is now being escorted to the port city of ashdod it was one of two boats attempting to break the twelve year blockade of gaza by israel and egypt it set off from palermo in italy a week ago carrying twenty two people including some israeli citizens. zimbabwe's opposition leader nelson chamisa has been reported to the police for holding an unlawful press conference on the eve of monday's election when campaigning is no longer allowed. received an indorsement from an unlikely source former president robert mugabe who said he was the only viable candidate zanu p.f. leader and current president emerson non-god has accused the pair of striking a deal votes are being counted in mali's presidential election but the poll has been marred by violence in the northern city of key dull fighters of ten mortar
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shells there including one near a polling station unknown gunman who shot dead yemen's head of intelligence security varied an airport kerry was killed by a master gunman no group has claimed responsibility for the attack cambodia's really party has claimed victory in the election there which has been widely described as a sham by human rights groups current prime minister who in send who's been in office for over thirty years is accused of voter intimidation two children and their great grandmother are among the five killed in a wildfire in northern california more than thirty eight thousand people remain under evacuation orders in and around the u.s. city of reading and those are the top stories on al-jazeera the system is next.
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do we not speak today for the voiceless those who doubt come out of prison to speak for themselves i did everything innocent man can 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 important but twenty one based dog false allegations that just means you can check me check my truck i don't shoot anybody don't 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
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inside the american criminal justice system a comment on the judge from law enforcement to elected officials the court system to corrections to find out if justice is being served. were handed 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 convictions that were possibly tainted by a detective was accused of playing by his own world. for years scarcella allegedly coerced witnesses and suspects to lie investigations into his cases have led to
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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 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
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a powerful life and death and the president who doesn't have integrity the prosecutor is going to seek convictions for the sake of convictions when the 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 derek 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 derrick'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
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innocence but he still needs to go through a legal procedure to clear his name. and you don't have to be story. story this is. a nephew i don't know you're only six twenty one right. 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 think of the fact that you know whatever he went to a school i wasn't it every grade and he 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 who used to bang on walls in the prison and will sound like. i said look my. stop the bang and he says you know what just keeps must sanity bangit you read law books that's what keep. so i say well could you knock it down
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a little bit. because you can't tell somebody what to do so for me fighting this 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 faneuil cash 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
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is clearly indicated that karen smith told him she had not seen the shooting but when 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 saying. you know they came in. again. they came over right here. she said.
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that he had been arrested. when he got to the police station is when he. when he came in. i think he is going to say something again. you know and then he said well. you go back to prison for your previous. hamilton would ultimately spend the next twenty one years behind bars but he never stopped claiming 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 on best against me though to these guilty judge the judge believed him. so we're headed up to ossining new york which is
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about forty miles north of new york city it's the home of the infamous sing-sing 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 want the toughest exist. 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.
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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 so i mean and it's like you against yourself your life as you know in your family is like you take in so much and at one time everything actually love is taken away from you you know you had a young daughter and she might be seventeen years old now but. she thinks that the guy tom would often sing cinco to father 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. how dan stumbled into his house where he lived with his mother mary per year to whom he made a dying declaration which would prove critical to the prosecution's case.
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tyrone johnson says he was out late that night and didn't find out about the murder of a man he considered a friend until the next morning i got a phone call somebody says. got shot last night he said but your name is and i said mommy but then he said yeah in a minute the. police were already waiting for johnson outside his house they brought him to the precinct for questioning. well he was an os will and you better think this often 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 out the gate. you can check me for gunpowder check anything check my truck check everything i did to anybody i haven't even if it was not. two hours later they come back he said he was just that he says anybody thinks on the.
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so we're heading over to queens we're going to meet tyrone johnson's why is she a man who used to be a police officer and interestingly they were childhood sweethearts broke up but 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 johnson'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 their. major. so tell me what he was like he is a real gentleman and he live view blacks 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 plays and it was an act. of entertainment here that's his son
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tom he lives in virginia and i told us you know as the same as that yeah he comes every couple of months when i think yeah i'm going there and grew up with that 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 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
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all the way up into the house came into here. this week let's 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 that 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 i got into a dispute with some guy that i've worked with the new don't need boy said 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
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were tyrone claims that leroy van's dying declaration was tyrone knows who shot me but his mother misunderstood it as tyrone shot me. knows about it. you're. just. 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 a phantom. was no. good as god made this up two days later police showed up at johnson's house they call mother to the priest. again and the. rest an officer and
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a door closed and then another officer came in and he said take issue he said you know the rest of the way and i'm. now. in 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. comes into play as. 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
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that he was helping arrange this murder and that he had a walkie talkie when leroy arrived he was going to radio them to tell him that he was the first on the scene. and we have he was in my life was when he took the stand he said he knew me for two years he said that you guys knew each other yet and 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
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stewart waited until the day before the trial to share critical piece of information with johnson's lawyers 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 confronts 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. five seventy seven. 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
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at the time of the shooting johnson's lawyer wanted to caution to the stand but he 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 allan acts from what tom he said we find his witness. we're going to see just as real as knew how important she was 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
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violation we refer to this evidence that is favorable to a defendant as brady evidence bennett gershman was an assistant d.a. 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
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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 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 raise serious red flags at 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 what transpired to make her change her testimony i don't know what happened in a prison because i was in the well i'm going to use what they said that according
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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 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 name. x. the prosecutor was julian cameron's. with the same person the pressure to end. they told malloy they did not know one man could have cleared it up detective frank. who took first statement but he was not called to testify over the jury had done they knew. 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
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a doctor's note and could make it to the win is that he noted jim freeman was afraid. that if he came into the fire that we killed. with no alibi 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 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 this case boiled down to one thing what did you tell
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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 prosecutor and meant 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 born a record as a resident of. well when you call the guy because you knew had. a question did you take his statement who was charismatic. we reached out to prosecutor gutman 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. that this case boiled down to what jews. told the car that i should use it in a good book to murder. on
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the atlantic coast of west africa communities are at risk. as rising sea levels and a manmade disaster of threatening people's lives on land and at sea. al-jazeera world expose the impact of climate change and a catastrophic human error. on senegal sinking villages. the coca plant has long been a pillar of bolivia's tradition but its use in illegal drugs today is threatening the nation's culture also dorothy's 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 them
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a couple of the coal because i can't be ascribed who are the winners and losers of this illicit trade snow will be andy's on al-jazeera. until now in london with the top stories here on al-jazeera a teenage palestinian activist who was jailed for kicking and slapping an israeli soldier has been released from prison seventeen year old to me urged people to continue to fight against the israeli occupation. guard at the bottom of the lot i was subjected to many violations during the interrogation first the interrogator used bad words also i had the right to have a famous soldier during interrogation i never got that in the three interrogation sessions instead of one interrogator there were two they interrogated me for long
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hours my plans for the future to continue my university studies and study law to raise my country's pause in international forums and to speak about the prisoner's case to the whole world and in the international court a fishing boat carrying aid for gaza has been intercepted by the israeli navy and is now being escorted to the port city of ashdod it was one of two boats attempting to break the twelve year blockade of gaza by israel and egypt it set off from. italy a week ago carrying twenty two people including some israeli citizens. known gunman who shot the head of intelligence security for a port in yemen no group has claimed responsibility for the attack on kerry it coincides with a recent rise in armed attacks on government officials including high ranking security commanders and intelligence officers zimbabwe's opposition leader nelson chamisa has been reported to the police for holding an unlawful press conference on
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the eve of monday's election when campaigning is no longer allowed earlier termes a received an endorsement from an unlikely source former president robert mugabe who said he was the only viable candidate zanu p.f. leader and current president anderson i'm going to go up has accused the pair of striking a deal. votes are being counted in mali's presidential election but the poll has been marred by violence in the northern city of quito fighters there have fired ten mortar shells including one near a polling station and cambodia's ruling party has claimed victory in the election there which has been widely described as a sham by human rights groups current prime minister who has sent who's been in office for over thirty years is accused of voter intimidation those are the top stories the system continues next. august on al-jazeera european muslims today are facing the consequences of having their
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faith linked to the tax even though they two of victims of the bombing it's the largest multi-sport event on the continent asian games and get caught i will host athletes competing in a mix of traditional and the limpid 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 the buddhist algis here will cover the developments from town wrong in a three part series al-jazeera uncovers the motivations and impact of the brutal semen explode tahsin system then laid the foundation of today's global powers ogust on al-jazeera. to. such a. state. you know prosecutors have
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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 derek 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 criminal justice system it involves human beings and what about human beings it's not going to be perfect taylor cost is a criminal defense attorney who is assigned as one of the first deputy da as to the conviction integrity unit. it's really easy for a newly elected district attorney to come in and say i'm establishing a conviction integrity unit but what mr hines was doing was different he had been
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serving for well over you know for twenty years in brooklyn and he said i've not legit might have made mistakes and by i i mean the hundreds and hundreds of aides 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 viewed 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. convicted for. his opponent ken thompson campaigned on the wrongful conviction claims piling up on the desk at the end of an era brooklyn district attorney charles hynes who has been in office for more than two decades in his bid to serve a seventh. and in two thousand and thirteen thompson made history by becoming the first candidate to defeat an incumbent in over one hundred years. he promised to
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speed up the wrongful conviction to geisha is tied to detective louis scarcella and others. parolee derek hamilton the thompson will keep his promise. for two decades derek hamilton has been fighting to overturn his guilty verdict in the murder of the faneuil cash in brooklyn hamilton says he was in connecticut at the time of the murder. come and were headed we go to the hotel for us. tonight for. a reason for the name of the mob without going away party the hotel is actually over here on the left. over the carpets on john were so you had plenty of alibi would let me plenty of family and friends people to. go away. it was that day. kelly turner's derek hamilton strongest alibi witness turner was running
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a talent agency at the time of the murder and later became an myer 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 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 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 at this 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
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innocent and second of all that the way the courts had treated him made me sick in terms of them not even being 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 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's strong courageous efforts to
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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 you witness was and johnson was convicted for the murder of leroy van. everybody but you should want the right person to be in jail as he waited for sentencing johnson's best hope was to find victim vans neighbor night she told police that she saw the killers and that tyrone johnson's photo did not match any of them tyrone's family hires a private investigator who before he's even sentenced goes and finds a nice night to. kill the boy. she also says that himself had come to her job four days before he said in
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court that he had no idea where she was to detect the kind of my job they stated. that was perjury five years they try to tell me. which basically me. if that's true stewart was flat out lying and knight also says that she can discredit the key testimony from the prosecution's alleged eyewitness her nephew. 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 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.
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hanley recanted his testimony saying that after being arrested for a probation violation detectives pressured him to identify johnson then assistant district attorney stewart coached him to make sure his story matched the prosecution's it wasn't the first time district attorney stewart had been accused of playing dirty. they find that five years before he did something very similar in a different case it didn't seem to have any impact so that by the time tyrone gets charged he's working some of the biggest cases in the office. prosecutor stewart's the queens district 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
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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. but they declined. tyrone johnson awaits a second trial for murder he says he did not commit after prosecutor claude stewart was forced to resign over misconduct the queens district attorney assigns one of his top assistant da s to the case they assigned the case to. a senior
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district attorney very well respected. 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 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 and 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. but when the jury asked the court to read back sinead testimony. saying knight had amnesia. as she had
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originally testified. and. ultimately it's the testimony from fans mother once again per year seems to trump it all. johnson was found guilty of second time and sentenced to twenty years to life but the case wasn't dead yet. judge rios judith came forward with a shocking accusation member said she overheard a secret conversation where judge rios coached prosecutor on how to handle problematic testimony from henry hanley coaching the prosecutor the second trial he destroyed any chance that mr johnson had for fair trial johnson's lawyers move
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for yet another trial hearing rios admitted to speaking to read claimed 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 of the case of the states but despite the mounting controversy around the case the verdict was held in tyrone began his twenty to life prison sentence i did everything innocent. and you know things just don't happen. forst with a good five for no reason. to think didn't have dead meat and what just is real for no reason just as real as things get disciplined for no reason i would be sitting here with you if i if i did it why does this take out because it doesn't fit because on the wall. 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
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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 set 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 joel smith wrote to 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 decades in prison in december of two thousand and eleven hamilton was released on parole i was in auburn correctional facility in upstate new york and had shirts with the bells used to ring a certain times. and i was always craving to bill's wings and god's police and when i heard that i was being released on the bills run i just thank god the door
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there was somewhat over hamilton may be out but he has a tough road ahead to prove his innocence once and for all he is still a convicted felon the conviction has not been vacated it's not been dismissed we have not cleared his name and. despite being out of jail for three years hamilton still grappling with the transition to everyday life on the outside. actually i'm trying to learn to celebrate birthday parties you know it's got off you know with the problem so long i'm kind of like what's the big deal about a perv. his hardest part is just adjusting 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 most of these in feeling to get that. he's coming home. i got.
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up on time. and i'm still trying to get. myself. just. tyrone johnson is still on the inside and he too is looking for justice his wife is helping him gather evidence that might be the key to getting out. yeah. joe berlinger are you. i know you know we've been talking to your wife and you've been telling us what's going on one of the next steps here and. you want to. tell me about that.
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camera. right. now. that i. want i got to. take care. tyrone johnson is running out of options this d.n.a. test may be their last chance to prove his innocence. jay saltpeter is a former n.y.p.d. detective who has worked many high profile wrongful conviction tases most of my work is exoneration work doing this work outs they are and you realize how naive i was until i retired from the new york police o'clock and now to deal with it on the
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other side. 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 and say the man known as phantom confessed to the murder of leroy van the witness id johnson has phantom was that your nickname that no he was making although no phantom somebody that i know what you just got me decide j. saltpeter recently talked to a source who said the real phantom was in new york rikers island correctional facility and was talking if you want to play else let's see you and i'm hoping this could be good for scott for his d.n.a. . ok now that you know tyrone johnson the search tyrone by any other day with any nicknames. and you haven't known tyrone
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jackson to go but in a lot of their career you. have this cherished his name. which is think. he made it clear. where the conversation. went regarding did it when you were in there. what did you hear say. to. now. it's just want to. thank you. i think this helps phantom who always was in the police
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reports is back in rikers island and now he's sending out messages to tyrone's wife that he wants to talk to somebody is a good chance is that he either did it or he was with given few days ago and from like the 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 then it was with sounds like he did it we need to focus on this guy and that think them's in on a d.n.a. case and he's got to give a sample anyway we think he was there when he pulled the trigger well whether he saw who pulled the trigger i think that's critical for you know in how we go forward as the money comes to the roads a group of it's think that's a poor. 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
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innocence these days hamilton who works as a paralegal today he's heading to the office of his defense attorney jonathan adelstein for me coming out of prison and did a good job would probably have lawyers the dream come true is what i want to do before i went to prison as well maybe. you don't all right so you can 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. and he basically gave me the courage to have my family go out and pick inside and you know make them go out and fight to get the media but i think the only way that you can level the playing field is by having people willing to fight corruption. doing that. hamilton may actually get his day in court and the chance to clear his name on january fifteenth two thousand and eleven for the first time in new york history an appeal court ruled in favor of
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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 and your charges dismissed the web . and confront him now as the role copy is i speak today for the voiceless those who are literate those that come out of prison speak for itself i was in prison for twenty one years based on. false allegations that just me this is not one change this is not two case it's one of two cases tell me. to wait how long must be wait but 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.
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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 let this happen ironically in some of these offices where the prosecutor is hard nosed and violates rules the president gets promoted if 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 prove you guilty you don't care for make sense and that 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 wasn't once i am an advocate for them to
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convict him. as well. we know the culture we know the problems that affect this part of the world very very well and that is something that we're trying to take to the rest of the world we have gone to places and reported on a story that it might take an international networks months to be able to do with
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united nations peacekeepers have to go in and anti-riot growth. we are challenging the forces we're challenging companies who are going to places where nobody else is going. hello there we've been seeing some rather stormy conditions over parts of australia very very violent winds across parts of victoria this is a system responsible it is trying to pull away towards the east but there's more unsettled weather following it so plenty of cloud for the southeast corner and not feeling warm as we head through monday and then more cloud rolls in there as we head into tuesday and then the winds will be picking up as well to the north of all of that it's fine and dry force in sydney warm to add to twenty one degrees and further west cooler we've got seventeen is the maximum in perth and here they could be a fair amount of traffic coming and going at times there over towards new zealand and that system that's just hit australia is working its way towards us it will reach
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just just yet though so i think for monday it's really the calm before the storm his that system as it rolls its way across as most of us are going to have a pretty wet day on tuesday every head further north of course we had a typhoon that struck us in japan and that's this area of cloud here is just beginning to work its way southwards now and it's going to hold for just off the south coast of q shoe over the next few days that could cause us quite a few problems because it's going to be throwing plenty of what weather to the north of it as we head through monday and tuesday and they could be some very heavy downpours and maybe some flooding. with. she's the head of four generations of family and the bearer of forty years of suffering fools a heart or a hinge a refugee in her ninety's has fled persecution in me and mark three separate times in her life first in one thousand nine hundred seventy then one nine hundred ninety
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one and finally in two thousand and seventeen. when the war they'd be tez they kidnapped as they detained does. ghoul and her family span almost a century in age bonded through blood and displacement they now all live in a single hut located in the world's largest refugee camp in many ways what's happened to this particular extended family really mirrors what's happened to so many other rohinton who face decades of repression and abuse the range of aren't just the world's largest group of stateless people they're also among the world's most persecuted minorities were waiting when this idea popped into it when they're on line it's undoubtedly the chief goal of poverty and inequality in our society today or if you join a sunset criminal justice system is dysfunctional right now this is
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a dialogue what does it feel like to go back for the first time everyone has a voice and allow refugees to flee the speakers for a change join the conversation on our jazeera. this is al jazeera. welcome to the program good to have you with us i'm jonah hall and this is the news hour live from london coming up in arms by israel hailed as a symbol of resistance for palestinians teenager had tommy deeds jail. zimbabwe's former president robert mugabe intervenes on the eve of the vote to back the opposition candidate. thousands of firefighters battle would have been described as flaming tornadoes in northern california. and i'm here
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with all the day's sports. person's good i'm thomas wins he's first tour de france title in paris that in malaysia this detail. a teenage palestinian activist who was jailed for kicking and slapping an israeli soldier has been released from prison seventeen year old had to me urged people to continue the fight against his radio compassion and are simmons has the story from nabil sala in the occupied west bank. we dread jail ordeal much the same as hundreds experienced by young palestinians every year but the case of how to mimi is profoundly different with her mother now the man who shared jail time with her she was greeted by her father i had to mimi is already being portrayed by
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palestinians as an icon of resistance to the occupation who now let me give all of the modern she spoke of.


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