The Innocence Project is affiliated with Benjamin N. Cardozo School of Law, Yeshiva University. During the trial a year later, the medical examiner would say he could not determine the direction from which the bullets that struck Hicks were fired. Four reasons a credit-card balance transfer may be a bad idea, Dont let paying for a funeral add to your grief, Beware of these pitfalls when planning your own funeral, Sheryl Lee Ralph on her historic Super Bowl act: Its just really neat, Man who died after police used Taser had warned of heart issue, video shows, Memphis officer texted a photo of bloodied Tyre Nichols, records show, Harris, in funeral address, says Tyre Nichols should have been safe. His brothers Tone Hicks and Tyron McClendon greeted him upon release. He has always maintained that he arrived at the scene when he attempted to help the victim, she said. It was in such a group at the State Correctional InstitutionGraterford, a maximum-security prison in Montgomery County, Pennsylvania, that EfM group leader Ginny Slichter met Termaine Hicks for the first time. Tell She assumed the lights were police flashlights, but the enhanced footage suggested the light had instead been the delivery trucks headlights. He was convicted and served 19 years in State Correctional Institution Phoenix, about an hour northwest of Philadelphia. Wow you are a hero.and a very blessed man. They shot him three times in the back. It was dark, and she suffered a head trauma during the assault. Six of the eight accused officers admitted to having sexual contact with inmates, according to a July document filed by the United States in response to the complaint. Three shots rang out, striking Hicks in the arm, chest, back, and buttock. As a result of receiving this information, we have opened an Internal Affairs investigation into the allegations of police misconduct, the spokesperson said in an email. According to the National Registry of Exonerations, police misconduct, like this, has played a role in 35% of wrongful convictions resulting in exonerations since 1989. On December 16, 2020, Termaine Hicks received what he calls the best news Ive heard in all my life. Hicks learned that, after 19 years in prison for crimes he did not commit, he was finally going home. Along the way I found a hidden talent, he says. Twice a month, his attorney, Vanessa Potkin, would call from the Innocence Project. into a 501(c)(3) non-profit organization to produce and promote the videos, which are now being requested in schools around the nation. Abram Depp Settlement The farm of Abram and Lucy Depp was the first of this settlement of African Americans. They had stage fright. Hicks calls the Innocence Project team relentless, God-sent, true advocates. Still, it would take nearly another decade to set Hicks free. Hicks case is yet another example of the pervasive problem of police perjury in the criminal legal system. Mr. Hicks was exonerated after the Philadelphia Conviction Integrity Unit (CIU), led by Patricia Cummings, joined the Innocence Projects motion to vacate his conviction. I would remain optimistic and hopeful that the powers that be take a hard look at the numerous officers who were named in that indictment, DeMiles said. During his 19 years in prison, Hicks noticed how new inmates entering into the penitentiary were younger and younger. All Rights Reserved. Rev. Now theyve reached a settlement, Pinellas lawyer arrested after stealing more than $840,000 from clients, deputies say, Christopher Sabella elected as Hillsborough Countys next chief judge, Steven Lorenzo sentenced to death for 2 Tampa murders, How about spending more on preventing crime? A spokesperson for the District Attorneys Office declined to comment if it would pursue action against the officers. Reynolds said she was raped by a correctional officer at Coleman for six months while serving time there. However, the recent assessments by both the chief medical examiner for the City of Philadelphia and an independent medical examiner concluded that Mr. Hicks was shot from behind meaning he wasnt coming toward the officers when he was shot. And I believe its impossible to say that did not contribute to the conviction.. One of the bullets that entered the back of his arm lodged in his chest, collapsing a lung and requiring emergency surgery. Hicks fought for years to get the forensic evidence in his case reviewed. Hickss case began in the early-morning hours of Nov. 27, 2001, according to a memorandum summarizing the case, as a woman walked to an early shift at Dunkin Donuts. Vinson, most recently assigned to the Third Police District, has not responded to requests for comment. Had these records been publicly available, Mr. Hicks may not have had to endure so many years of injustice or been wrongly convicted at all, she said. Termaine Joseph Hicks exonerated after 19 years in prison - Inquirer She would always say, Ive got some good news and some not-so-good news. The good news was that he still had a chance, and the not-so-good news was another continuance60 days, 90 days, 180 days. Joe Rojas, the southeast regional vice president for the workers union, AFGE Council of Prisons, said the case was a black eye for an otherwise hardworking and upright staff. A neighbor who witnessed the woman being dragged by the assailant from the sidewalk to the alley and called police in real-time, reported that the attacker was wearing a gray hoodie covering his head. Mr. In 2003, the Innocence Project had just 15 attorneys and could not take his case. For far too long the police have willfully lied with impunity; we need accountability, said Vanessa Potkin, director of post-conviction litigation at the Innocence Project, who represented Mr. Hicks. Finally home, Mr. Hicks said hes most proud of himself for staying strong and remaining determined to prove his innocence. Although most of the evidence analyzed in the recent review of the case was available at the time of Hickss original trial, the jury never saw an enhanced security tape that corroborated parts of Hickss story. Heres what that means. Making it easier for Black people to vote had unexpected consequences, Latinos who use Spanish-language social media get more misinformation, How public colleges have already backed away from affirmative action. Dr. Mark Bozzuti-Jones, Two-Year Spiritual Direction Training Course, Spring Music Season at Trinity Church Wall Street, Parables, Spirituals, and Our Own Stories with the Rev. Now, under the scrutiny of a new investigation, the case against Hicks has fallen apart. The cover up of shooting an innocent man required the false testimony of three officers and the acquiescence of a dozen more. California residents do not sell my data request. The victim had told police the attack stopped when bright lights shined on her assailant, spooking him. Returning & Becoming: Kanuga Christian Formation, Episcopal Parish Network 38th Annual Conference, African American Readings of St. Paul with Dr. Lisa Bowens, Life Together Fellow, Church of Our Saviour, Milton, MA, Graduate Resident Youth or Childrens Minister. You went with an armed guard, but its still pretty darn intimidating, this long walk to an ugly little room., There were 12 men in the room, and they all stood when I walked in. That video also showed a delivery truck pull into a nearby loading dock, flashing its lights across the alley. She said Hicks had gone to the victim to render aid. Black News and Black Views with a Whole Lotta Attitude. Now a free man, Vinson testified that he fired because Hicks reached for a gun and lunged at him and his then-partner Zungolo testified he saw Hicks pulling up his pants when police arrived. Slichter describes her first visit to the prison. As one of the men said, referencing the work of famed public interest lawyer and equal justice activist Bryan Stevenson, Would you want to be known for the worst thing you ever did, for the rest of your life?. The Philadelphia District Attorneys Conviction Integrity Unit agreed with Hicks and his lawyers, civil-rights attorney Susan Lin, and the Innocence Project, that the case was built on lies possibly to cover up the unjustified shooting that were contradicted by newly analyzed and compelling forensic evidence. Hicks served 19 years in prison for a crime he did not commit. Then the pandemic hit. The Innocence Project and Philadelphia DAs Conviction Integrity Unit found evidence police lied to cover up the shooting of Termaine Joseph Hicks, a bystander who rushed to help a rape victim. Going back to the morning of the crime, the victim was not able to identify her assailant. Pennsylvanias statute of limitations for perjury and other relevant criminal charges bars prosecution after five years. Dennis Zungolo, who was with him at the scene, did not return phone and email messages Wednesday. He said: I tried to get the male to, uh, you know, put his hands where I could see them, and he was reaching for something and I couldnt see it.. His payout is just $50,000 short of the record for settlements of its kind in the city a distinction held by the $9.85 million agreement the city struck in 2018 with Anthony Wright, a man who served nearly 25 years of a sentence for a 1991 rape and murder that DNA evidence proved decades later he did not commit. Only after did they realize their mistake Mr. Hicks was not the right person. Hicks says, In the judicial system, theres something called finality that is very hard to overcome.. Please avoid sharing any personal information in the comments below and join us in making this a hate-speech free and safe space for everyone. That decision comes after an investigation by the Innocence Project and the District Attorneys Conviction Integrity Unit raised serious questions about whether police had fabricated evidence, planted a gun, and arrested Hicks under false pretenses all to conceal a police shooting of an innocent bystander who had rushed to aid a rape victim. Surveillance tape from that night could reconcile her account with Hicks. Again, no gray hoodie was found. I was already a devoted Christian, reading my Bible daily. Framed for rape in 2001 at the age of 26, Hicks was falsely incarcerated for nearly two decades. On Wednesday, after 19 years incarceration, Hicks, 45, was, at last, exonerated. She couldnt clearly see her attacker in the dark, and she suffered a head injury. It was founded in 2012 in conjunction with the Center on Wrongful Convictions at Northwestern University School of Law. The chief medical examiner recanted his prior testimony. He said its a sentiment other correctional officers share. One was a 2015 lawsuit alleging that Vinson and another officer had dragged a taxi driver falsely accused of stealing a cell phone out of his cab and assaulted him. He was exonerated after the Philadelphia District Attorneys Office conceded that lead police It was before dawn on Nov. 27, 2001, and Termaine Joseph Hicks was at the wrong place at precisely the wrong time. Hearing a scream pierce the darkness, he ran toward Dunkin Donuts and Saint Agnes Hospital. Inmates were sick, some were dying. In 2001, a police officer shot the 26-year-old Popeyes manager, later telling a court that Hicks reached for a gun after the officer found him raping a woman in a Philadelphia alleyway. Prayer, revival and Jesus Revolution: Is our rotting culture on the verge of something big? He said come sit, check it out. Hicks went to one session as a guest and was intrigued by the concept. A jury believed the polices version of events over Hickss story. The Innocence Project recruited high-profile forensic pathologist Michael Baden to determine the direction from which the bullets were fired at Hicks. According to the National Registry of Exonerations, The officers involved in this case had extensive internal affairs files with numerous allegations of lying, planting evidence, excessive force, and substantiated complaints filed by civilians. He was exonerated after the Philadelphia District Attorneys Office conceded that lead police officers lied under oath to cover up shooting Mr. Hickswho was innocent of any crimein the back three times. In 2001, Mr. Hicks came to the aid of a woman screaming in an alley. This dragging on, its like youre still living it, Reynolds said. also offers motivational speaking and training in schools, teaching positive decision-making, how to recognize bullying, and how to communicate with peers who carry guns, sell drugs, or who drink and drive. An officerwho along with his complicit partner is still currently on the forcefirst shot Hicks three times while he was pulling out a cell phone to call for help for the rape victim. 21, 2020. He said he was meeting with McGrody, who could answer any further questions. Witnesses also testified that they had seen a man in a gray hoodie attack the woman, according to court records. Copyright 2023 The Washington Times, LLC. Hicks case is yet another example of systemic police abuse that is pervasive in the criminal legal system and persists because of institutional protections and a lack of accountability, said Vanessa Potkin, director of post-conviction litigation at the Innocence Project, who represented Mr. Hicks. The lawsuit contended that Bureau of Prisons officers at Federal Correctional Complex Coleman in Sumter County sexually abused female inmates for years and threatened the women if they didnt comply. Earlier this month, The Root reported that another Black man, 45-year-old Termaine Hicks was exonerated of rape after spending 19 years in a Philadelphia prison. Philadelphia officials said Wednesday that the city will be paying out $9.8 million in one of the largest wrongful-conviction settlements in the citys history to a Black man who spent 28 years in prison for a murder the district attorneys Conviction Integrity Unit now says it was near impossible that he committed. He was exonerated after 19 years. During his arrest he was shot three times in the back and the arresting officers lied about the circumstances. The conviction was vacated, and the charge dismissed. Hicks had been exonerated. Hicks was released from a state prison outside Philadelphia on Wednesday. Police Officer Martin Vinson said he shot Hicks in the chest or stomach as Hicks was pulling a gun from his pocket and lunging toward him. Now, he hopes to produce work for the wider community, including a play about his own life and performances inspired by the oldheads who shared their wisdom over decades in prison. After the 5th Circuits ruling, does DACA have a future? Video footage showing the actual assailant dragging the woman into seclusion was never shown to jurors and soon disappeared from evidence. The Philadelphia police did not immediately return a request for comment on the case, but Anthony Erace, the executive director of the Police Advisory Commission, told the Inquirer he would seek a review of the investigation. Until then, he just wants to spend time with his family as a free person. Why are prominent Los Angeles Latinos saying such racist things? Deep-seated police misconduct and institutional protections are too often the source of wrongful convictions and injustice in the system. In prison, I had to coax some of those guys up there. WebTermaine Hicks was exonerated on December 16, 2020 after 19 years of wrongful incarceration. Thank you for visiting us. False testimony was used, said Patricia Cummings, chief of the Conviction Integrity Unit, the Inquirer reported. His brother Tone Chester Hollman III was 21, with no criminal record and a job as an armored-car driver, when he was pulled over in Center City one night in 1991 and charged with the fatal shooting of a University of Pennsylvania student in a botched street robbery. Then, Hicks lawyers say, Vinson used his police radio to contact dispatch. For an optimal experience visit our site on another browser. Vinson has not responded to requests for comment and Zungolo referred questions to John McGrody, vice president of the Fraternal Order of Police Lodge 5. He saw two men running away from a figure on the ground near a dumpster. During his time in prison he joined the Education for Ministry (EfM) program, wrote plays, and later formed S.T.E.P.U.P. It appears that for years and even decades the Philadelphia criminal justice system has shown a pattern of locking up Black men for crimes they didnt commit based on the work of corrupt police officers and conviction-happy courts that never really consider that a Black defendant might be getting railroaded despite a glaring lack of evidence to support their guilt. Like the traveler in the parable of the Good Samaritan, the victim had been left beaten, bloody, and half naked. Termaine Hicks walked out of Pennsylvania prison SCI Phoenix last week. Most of those officers have since retiredas opposed to firing, charges or any semblance of actual accountabilitybut some, like those involved in Hicks case, remain on the force and have even been promoted. The 45-year-old was exonerated on Wednesday, the Philadelphia Inquirer first reported, after a new analysis suggested the conviction was based on false testimony and questionable evidence possibly in an attempt to justify a botched police shooting. December can be a busy month for exonerations, as prosecutors and defense attorneys try to wrap up cases before the end of the year. But the surveillance footage was not provided to Hicks or his lawyers until after his trial had concluded. Most of these kids had made a single mistake, he says, often as the result of bullying, and their entire lives were disrupted. It was 2012 by the time Hicks withdrew his appellate rights, which meant he would have another 13 years to serve. information about the Registry, Assault, Other Violent Felony, Gun Possession or Sale, Perjury or False Accusation, Official Misconduct, Inadequate Legal Defense. False testimony was used, and I believe its impossible to say that did not contribute to the conviction.. Someone grabbed her, dragged her into an alley and raped her at gunpoint. She tried to get gas. A spokesperson for the District Attorneys Office declined to comment on whether it would pursue action against the officers. EfM taught me how to open the box, and also how to be diplomatic., He says, EfM was a vessel. (Philadelphia, PA December 17, 2020) Termaine Hicks walked out of Pennsylvania prison SCI Phoenix yesterday. It was a chance for me to try to find out how God operates with us. (Image: Jason E. Miczek/AP Images for the Innocence Project). Upon entering prison, Hicks was forced to separate from his son, who was only 5 years old at the time of his sentencing. For the most accurate data, please search on the Detailed View page. There are no words to express what was taken from me, Hollman said in a statement after the settlement was announced. As he reached for his cell phone to call 911, two police officers ran to the scene. Termaine Hicks was convicted on rape and other charges, largely on the testimony of police officers. The National Registry of Exonerations is a project of the Newkirk Center for Science & Society at University of California Irvine, the University of Michigan Law School and Michigan State University College of Law. Watsons role in the case was not clear, and he was not called to testify. Thank you for your understanding in this matter. He was exonerated His attorney Amelia Green said the evidence supporting Hollmans innocence which garnered media attention first in the form of a 2017 report in The Inquirer and, in April, an episode of the Netflix series The Innocence Files put pressure on city officials to resolve the case swiftly, though neither they nor police admit any wrongdoing as part of the settlement deal. For far too long the police have willfully lied with impunity; we need accountability, said Vanessa Potkin, director of post-conviction litigation at the Innocence Project, who represented Mr. Hicks. The world now knows what Hicks did and did not do. The women feared that if they came forward theyd be sent to another federal facility far from their families, interrupting the education and work programs they had at Coleman, which is the largest federal prison in the U.S. Settlements were approved by the Attorney Generals office on Monday. McGrody did not return calls Tuesday. The Inquirer reported that Hickss lawyer, Vanessa Potkin, said the gun was covered with blood, but the coat pocket, where Vinson claimed Hicks had been keeping the gun, was clean. Potkin notes that several other police officers were at the scene as Hicks was shot or shortly thereafter. Hicks lawyers argue that was the light that caused the attacker to flee before Hicks, and then police, arrived. However, the court filings detail the role of Officer Robert Ellis, who testified at trial that he had recovered a .38-caliber Taurus from Hicks right jacket pocket. In the early morning hours of November 27, 2001, Mr. Hicks heard the screams of a woman being raped in an alley in South Philadelphia and went to her aid. A reporter at the Inquirer since 2013, I cover issues of identity, race, social justice, as well as prisons and the legal system. But there was no gray hoodie among Hickss clothes that were turned over to police after he was treated for gunshot wounds in the hospital. Hicks was then charged with the rape and later exonerated after the Conviction Integrity Unit found that the case was built on liespossibly to cover up the unjustified shooting and that forensic evidence easily cleared Hicks who should never have been arrested let alone convicted of the rape. It was hard to maintain sanity.. Termaine Hicks, 47, on West Girard Avenue in West Philadelphia on Dec. 2, 2022. 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