RAILROADED-Christopher Jossart - podcast episode cover

RAILROADED-Christopher Jossart

Sep 10, 20191 hr 7 minEp. 460
--:--
--:--
Download Metacast podcast app
Listen to this episode in Metacast mobile app
Don't just listen to podcasts. Learn from them with transcripts, summaries, and chapters for every episode. Skim, search, and bookmark insights. Learn more

Episode description

In 1968, a budding New York City entrepreneur who provided immigrants with jobs takes a Florida vacation with his family. Meanwhile, his relative, an employee, is murdered on Long Island.

Upon returning to New York, Sam Sommer learns the fate of his wife’s uncle, Irving Silver, when he doesn’t show up to carpool to work. Three days pass with no clues about his death. Then a recent contractor at Sam’s deli sets up a meeting to share news on the investigation.

Within moments after pulling into a donut shop parking lot to meet, Sam is kidnapped by detectives with the engine still running. While held in custody, he is beaten and allegedly confesses to the murder.

Court proceedings amount to do-overs, appellate victories and overturns, and mysterious documents. Sam is found guilty of murder in 1971. Within short order, his case is highlighted in college law courses.

After surviving years of power-hungry guards and moving often from prison to prison for good behavior, Sam is released on parole in 1991. Justice continued to railroad him until 2015 when he finds an eerie document in the police archives that proves his innocence. That discovery triggered the re-opening of his case and free legal assistance. What will a momentous turn of events bring next? RAILROADED: Framed For Murder, Fighting For Justice-Christopher Jossart Follow and comment on Facebook-TRUE MURDER: The Most Shocking Killers in True Crime History   https://www.facebook.com/profile.php?id=100064697978510Check out TRUE MURDER PODCAST @ truemurderpodcast.com

Transcript

Speaker 1

Step into the world of power, loyalty, and luck. I'm gonna make him an offer he can't refuse. With family canoli's and spins mean everything. Now you want to get mixed up in the family business. Introducing the Godfather at Champa Casino dot com. Test your luck in the shadowy world at the Godfather slot.

Speaker 2

Someday I will call upon you to do a service for me.

Speaker 1

Play the Godfather now at Champacasino dot com.

Speaker 3

Welcome to the Family vdW group. No purchase necessary. I believe we're bribited by loss he terms and conditions eighteen plus. With Lucky Land Slots, you can get lucky just about anywhere.

Speaker 1

Dearly beloved, we are gathered here today. Has anyone seen the bride and groom?

Speaker 3

Mari, Sorry we're here. We were getting lucky in the limo and we lost track of time.

Speaker 4

No Lucky Land casino with cash prizes that add up quicker than he gets registered in.

Speaker 3

In that case, I pronounce you Lucky.

Speaker 1

Thanks for free.

Speaker 3

At Lucky Landslots dot com. Daily bonuses are rating no purchase necessary.

Speaker 4

Boy were prohibited by Black eighteen plus terms and conditions of the playing See website for details.

Speaker 3

Loop hot Radian.

Speaker 1

You are now listening to True Murder, The most shocking killers in true crime history and the authors that have written about them Gaesy, Bundy, Dahmer, The Nightstalker DTK. Every week another fascinating author talking about the most shocking and infamous killers in true crime history. True Murder with your host journalist and author Dan Zufanski.

Speaker 2

Good Evening. In nineteen sixty eight, a budding New York City entrepreneur who provided immigrants with jobs takes a floridification with his family. Meanwhile, his relative and employee is murdered on Long Island. Upon returning to New York, Sam Summer learns the fate of his wife's uncle, Irving Silver, when he doesn't show up to carpool to work. Three days passed with no clues about his death. Then a recent contractor at Sam's deli sets up a meeting to share

news on the investigation. Within moments after pulling into a doughnut shop parking lot to meet, Sam is kidnapped by detectives with the engine still running. While held in custody, he is beaten and allegedly confesses to the murder. Court proceedings amount to do overs. A pellet victories and overturns and mysterious documents. Sam Is found guilty of murder in nineteen seventy one with short Order, within short order, his

case is highlighted in college law courses. After surviving years of power hungry guards and moving often from prison to prison for good behavior, Sam is really at least on parole in nineteen ninety one. Justice continued to railroad him until twenty fifteen when he finds an eerie document in the police archives that proves his innocence. That discovery triggered the reopening of the case and free legal assistance. What

will the momentous turn of events bring next? The book they were featuring this evening is Railroaded Frame for Murder, Fighting for Justice, with my special guest, PR pro and author Christopher Jossert. Welcome to the program, and thank you very much for agreeing to this interview. Christopher Jossart.

Speaker 3

Yes, Dan, thank you for having me on blog talk radio.

Speaker 2

It's a pleasure, Thank you very much. I just got to make one correction. We're now on spreaker despite that little blog talk radio at the beginning.

Speaker 3

H Yes, no problem, here we go.

Speaker 2

Formerly btr so I want to ask you right off, how did you come to be the author of this How did you come around to deciding to write this book? How did you be in a position to write this book?

Speaker 3

Railroaded this whole separate story in its own right, Dan, and I don't want to take up too much time on it, but it is a rather unique opportunity for me. It was a divine moment totally so over here in Wisconsin, I've been a public relations professional for twenty seven years, do a lot of writing work with a lot of media long story short. There is a public safety training center here in Appleton, Wisconsin, probably one of the best in the nation. It's an eighty acre facility that trains

the FBI, the Department of Justice, and so forth. There was a crime Writer's Academy that was held here in two thousand and fifteen, which was pretty cool. We had a bunch of probably between one hundred and fifty and two hundred, mostly fiction crime writers who gathered here in Appleton, Wisconsin, which is just south of Green Bay for your listeners in the sense of geography. At that event, Karen Slaughter, which I'm sure you know very well, one of the

best fiction crime writers around. She happened to beat a keynote address main speaker at this function. So I get a call, simply because of my role at the college, from a publicist of hers in downtown New York simply asking me if I would help get miss Slaughter on some regional media to help promote her new book. Well, it's what I do in my profession anyway, Dan, So it was a natural fit I met Miss Slaughter. It was a great experience. Long story short again, I'll just

push fast forward here. As a result of that event, the publicist in New York called to thank me, and she asked me the loaded question, is there anything I can ever do for you? Well, and I've been writing for many, many years, published articles internationally, I've done a few books here and there, and I just said, hey, look in a network with anyone in New York. Do you have any connections that you can share with me.

Here's the divine moment. This publicist knew a friend who actually employed in a very small office, the great granddaughter of a gentleman who was wrongfully convicted of murder in nineteen sixty eight and was looking for a writer to tell his story. And that's how the whole thing started. Pretty amazing.

Speaker 2

Yes, absolutely, let's talk about before we get to the actual date in question. Yes, yes, May twenty second second, nineteen sixty eight. Take us back to the origins of Samuel Summer and his background, which is very important to this story, his work background, his family background, and take us up to where he meets his soulmate Elaine.

Speaker 3

Absolutely, you bet, Dan, And on that note, one of the things that we discovered in looking into mister Summer's story was that he was not your typical victim or accused victim of a hate crime. Touch based on that a little bit later, with all due respect to people who have to go through that whole judicial process of wrongdoing, but a lot of the hate crimes today, Dan, that are poor trade often shed light on people who live,

you know, underprivileged, underserved lives. I get it. You know, there may be living in a ghetto area, they may be targets of unfair you know, judicial practices by law enforcement and so forth. Mister Summer was completely different. So he grew up in the South Bronx, hardworking middle class family that was in the garment industry in New York

in the nineteen forties and fifties Jewish American family. Mister Summer lands a job when he's sixteen years old in high school, and the job was so fast paced, so moving, and put him on a road to success at such a young age. He ended up dropping out of high school to deliver meats and various dairy goods around the big city for a couple of companies. And mind you back in that time in the nineteen fifties in New York, there were a lot of new things coming into play.

Delicatessens for one. I know that cats is in downtown New York, which is still there from the fifties, was a little part of this book. Mister Summer became an instant entrepreneur at a young age. What he did by the time he was even nineteen twenty years old, as he was already looking at owning his own business. And he was the first kosher deli to ever be put

up in Long Island, was put up in Comac. It was called Rosens, and I believe that was put in the play in nineteen sixty five, while he was growing a young family with his wife e Lane, who he happened to meet in an old pool hall setting in

the South Bronx. She came from the quote unquote other side of the tracks, a little bit more of an upper class upbringing for Elane, and so they're growing this large family and just trying to make ends meet, get getting these businesses off the ground in terms of delicatessens and the wholesale food services. A little side note too

to his business. When he was in his late twenties, mister Summer was already introducing catering, if you will, in the areas of healthcare and education throughout New York and parts of New Jersey. So by the time he was thirty, he was making in the neighborhood of one hundred and he was making what equivalent would be today about one hundred and fifty to two hundred thousand dollars a year. He was making that in cash at that time. And he was a very giving man, very much an innovator.

He loved employing immigrants in the Greater New York area to give them a shot at the American dream. So he was really quite a community man, quite a family man, and very important part of New York City's food service industry and the economic vitality that was attached to that at the time.

Speaker 2

As you write in the book, you tell us give us a historic background as well about law enforcement and how it had been mired in corruption and scandal at various times. But you also talk about the role of the mafioso in certain industries in New York and basically their grasp entered into all kinds of industries like the garment industry. Tell us a little bit about the reality of the mafioso in New York and in its effect in industry at that time.

Speaker 3

Yeah, Dan, it was prevalent. You know, back in that time we're talking again, you know, fifties sixties, when a lot of different markets were trying to identify themselves in the Big Apple you mentioned the garment industry, and then food service kind of took off, and a lot of things were happening right there in that central hub Manhattan, Brooklyn, the Bronx, but not a lot was happening out on

Long Island. Mister Summer was able to work closely with some people down in the Manhattan and the Brooklyn and Bronx areas to store some of his vehicles that he he died, to make his deliveries and got kind of caught up. He admits, he got kind of caught up in being educated, if you will, by the street very quickly.

When we talk about the mafia back then, the karting industry better known as the garbage collection industry, was just booming back then, and mister Summer was a well respected businessman, and I know that he was approached on a couple of occasions by members of the mafia to offer some business planning, business strategy, if you will, to expand the karting industry to Long Island. Mister Summer said that he

would be more than happy to and he did. He acquiesced to help with the business expansion, but he had nothing to do with any of the money. He just simply didn't want to deal with it. At the same time, and this is an important part of the story. Mister Summer's wife, Elaine, her relative, her uncle, a gentleman by the name of Irving Silver, who is the deceased subject matter of the book. He was going through some difficult

times in his late fifties. His wife was suffering from an illness, and he was trying to control his son, Ronnie Silver, who sadly got caught up in the street, he got caught up with a lot of the mobster activities. Gambling was a big problem that he had. Mister Silver was basically kind of down and out when he lost

his wife Janette in the late sixties. And so Sam, mister Summer took mister Silver on to help turn his life around by being involved in the food wholesale business and the delicatessen businesses that he was enterprising at the time. And that's an important part of the story because we'll find out that mister Silver was never really able to let go of the street that got control of him. And you know, you mentioned law enforcement, Dan, what's interesting

in the movie Cerproco. I think we all remember that one portrayed with the corruption of the downtown New York City police force and certain precincts, played of course by Al Pacino in the Blockbuster movie. What's interesting about that that was pretty much going on right around the same time that the law enforcement is in Suffolk County, which is one of the two main counties in Long Island,

of course, started to become corrupt. So you know, it's hard to pinpoint Dan, really when you try to connect all these dots with the mafioso and the law enforcement. Who's Greef and who's Palm at the time. But it's strikingly similar that everything that was portrayed back then was really happening to mister Summer. He was kind of like right in the middle of it, and while he was growing an empire. Sadly he got kidnapped, he got the

rug just pulled completely out from him. And we could talk about that next.

Speaker 2

Well, let's talk about this Harold Goberman and his alias as Masterson. Let's talk about the circumstances in which Goberman made Sam and the business that is proposed between them, and so.

Speaker 3

Yeah, absolutely, so, Harold Goberman went through, I went with an alias name. This is a guy who was let in or out of prison on numerous occasions, who's convicted felon. Turns out that he became an informant for the Suffolk County Police Department. We don't specifically know when, but we do know based on court documents that it was at least in sixty eight or sixty nine because it came through in the Huntly hearing that mister Summer ended up winning.

We could touch base on that in a moment. But Harold Goberman tragically was caught up not only with the informant role, whether that was legitimate or illegitimate, but he had ties to the mafia and he wanted to become

involved with mister Summer's business. And ironically, mister summ goes on a vacation in spring of sixty eight with his young family to Florida leaves the business in the hands of Irving Silver, his relative and mister Summer at the time looked at it as a wonderful, growing opportunity for Irving Silver to gain some independence because he had gone through losing his wife, he had gone through some troubles

on the street with his son. Here's what happens. While Sam Summer is vacationing in Florida, mister Silver loans Harold Goberman five thousand dollars of Summer's money without Summer knowing about it. Two days after he loans Goberman the money, Goberman pays Silver back, the check bounces. Silver goes to the second Precinct in Suffolk County to report the incident on or around May fifteenth of nineteen sixty eight. Two days later, Silver is found dead in a ditch off

of Wheatley Road near Melville. So that's what started this whole string of what we call a very odd series of events that took place during the week of May seventeenth, nineteen sixty eight, when Silver was found killed.

Speaker 2

You say that Sam and his family run a vacation in Florida. Correct, what does he do? He cuts that vacation, He cuts it short and leaves his family back there.

Speaker 3

Why is that what has Because yep, yep, absolutely. Sam came back to New York around May fifteenth, two days before mister Silver was killed. I believe he flew in that night and he spent the following day with his relative, his family member, his business partner. Because Silver was nervous about the whole transaction that he did without Sam's permission with Thom Goberman. He wanted to come clean and he

felt scared. He felt scared for his life. So Sam came back and Sam basically assured him, you know what, this will all work out. Why don't we just resume work the next day. He had all the intentions of flying back to Florida and finishing his vacation. So they were going to resume work for one more day and

just get kind of caught up on things. The morning of May seventeenth, which was a Friday, and mister Summer never met I'm sorry, mister Silver never met Sam Summer for their morning carpool, which is something that they did as a tradition together. And that's when a few hours later on that day, Sam discovers from Irving Silver's son, Ronnie remember the one that had the gambling problems and was caught up in the mob, that Irving was dead.

Speaker 2

What else does he tell him in terms of the circumstances surrounding his father's death.

Speaker 3

Strange, strange set of circumstances. Ronnie Silver actually changes the story on a couple of occasions, plays a little bit of what we call cat and mouse game with Sam Summer. That morning, obviously, Sam is worried his business partner doesn't show up, so he starts calling his house over near Kew Gardens. Finally gets a hold of Ronnie Silver, who at first really didn't know what to tell Sam, and then he later shortly thereafter discloses to Sam that he

can't find his dad. His dad is missing, and then he within that same morning they connect again on the telephone and he says to Sam that his dad is killed. So just coming from a son, an immediate family member like that, it was just very very strange when all that happened. Later on we learned we find out that, you know, Ronnie Silver takes the stand during a murder Trialut I mean to get ahead here, and really kind of more or less wore the hat of a no

contest kind of feedback during that whole trial situation. But that here's what happened as a result of that whole kind of fishy disclosure from the Sun about his own father. That made Sam really just kind of roll up his sleeves and want to help get to the bottom of what happened. Now, obviously he knew about Goberman because that's why he came back from Florida. Silver had told him about that. So Sam was going to work with the police to look into Goberman, not in his own That's

an important part of the story. Sam already knew Goberman. Goberman had done some side jobs for a few of his businesses leading up to the floridification. He had repaired some light fixtures here and there. So Sam was just trying to give the guy a second chance at life from being in and out of prison based on trusting Silver. But Sam knew better not to go after Goberman about this whole Silver thing, so he was trying to work

with the police as to what was going on. And you know what's really kind of odd from the get go too, and this all seems to make sense later on when we find these documents. The police really were somewhat un sponsor that first when Sam called, but then on a quick turnaround in the same day, they called

Sam in for questioning. First they wanted him to identify the body, and then they engage in a series of questions that kind of insinuated that maybe he was the one who killed Irving, and Sam really didn't appreciate that. So there was this kind of this rough, tough attitude that Suffolk County was looking at Sam right away on that seventeenth of May when Silver was found, but they

really didn't say he was a suspect. Then there was a quick turnaround on a funeral due to Jewish tradition, and then a few days goes by and we get to a kidnapping that happens on May twenty second.

Speaker 2

Let's not forget that. There's a He talks to police and then says, I will come down and talk to you later. I have this important thing to do. Yes, he doesn't do it. Why why?

Speaker 3

Yeah, yep, sorry to miss that detail. So what Sam decided to do He had made an arrangement after the Suffatunty detectives went and visited him at his office and he made an arrangement to go back down and meet with them later that day. Sam did not follow up on that request because he wanted to do it at a later time after he told his family out of respect to e Lane what happened. She had not known what happened to her relative yet and he wanted to

notify the family first. But then he offered to talk to the Suffolk County Detectives again at another time, and that, from a scheduling standpoint of formality, did not happen. So we're talking about that weekend eighteenth, nineteenth Saturday Sunday twentieth twenty first, twenty second, which leads up to the next time he had an encounter with the police.

Speaker 2

Let's go to that. You say it's around eight o'clock May twenty second, nineteen sixty eight. But take us a little bit before that to the phone call and the lanes reaction and the conversation, and then who does he get the call from? And where does he go to meet?

Speaker 3

Yeah, the evening of May twenty second. Again, Now we have to, you know, just kind of do our best here. This happened so long ago, obviously, and mister Summer's eighty three today. His wife has to see she passed a couple of years ago. Let's just try to put ourselves in the shoes of the emotions that are going on with this family. Elaine is beside herself, her uncle's gone. There's no answer. There's not even an investigation into anyone else.

There's no information shared with the Summer or Silver families since they talked to Sam identifying the body and meeting them at his office back on the seventeenth. There's really nothing in between there, Dan, So what's going on? You know, where are they at? Are they looking at anybody else? What about Goberman? Well, here's the eerie part. What about Goberman. It's dinner time, the evening of May twenty second, Wednesday, nineteen sixty eight, and the Summer household gets a phone

call who is it. It's Harold Goberman and this was all brought up in that first appellate hearing, which mister Summer won, So this is not something that was a he said. She said. He gets a call from Harold Golberman who says, basically, look, Sam, I got information on what happened to Irving Silver. Can you meet me tonight. I'll talk to you bout it over at dunkin Donuts. This is in Colemac and the dunkin Donuts still stands today.

It's only literally four blocks from Sam's house. At the time, Sam is shaking, you know, he's when he's talking to Goberman and he basically runs this by Elaine, who would have nothing to do with this. It just smelled fishy from the get go. But Sam decided to go meet with Goberman because they needed some information. They had nothing, so Sam makes an arrangement with his wife and another couple. The Serroney's, a dear friend of Sam. I worked in DOJ for many years.

Speaker 4

Lucky Land Casino, asking people, what's the weirdest place you've gotten Lucky.

Speaker 3

Lucky in line at the Deli.

Speaker 4

I guess ah, in my dentist's office more than once.

Speaker 3

Actually do I have to say? Yes? You do in the car before my kid's PTA meeting? Really? Yes? Excuse me?

Speaker 4

What's the weirdest place you've gotten lucky?

Speaker 3

I never win?

Speaker 1

And tell well, there you have it.

Speaker 4

You can get lucky anywhere playing at Lucky Landslots dot com play for free right now?

Speaker 3

Are you feeling lucky? Noever' just necessary foid where for going? My long eighteen plus terms and conditions of pluck seemsatertails.

Speaker 4

Hello, It is Ryan and I was on a flight the other day playing one of my favorite social spin slot games on chumbacasino dot com. I looked over at the person sitting next to me, and you know what they were doing. They were also playing Chumba Casino. Coincidence, I think not everybody's loving having fun with it. Chumba Casino's home to hundreds at casino style games that you can play for free, anytime, anywhere, even at thirty thousand feet. So sign up now at Chumbuck Casino dot com to

claim you're free welcome bonus. That's Chumbuck Casino dot com and live the Chumba.

Speaker 3

Lane necessarily idily wherever I lost the terms the conditions eighteen plus that Sam wasn't back from dunkin Donuts again four blocks away in a certain time parameter twenty thirty minutes. Could they please come and check on him? Smart thing for him to do. So he takes this gargantuan German shepherd dog that they had at the time, puts him in the back seat of a station wagon, probably for some form of security, and drives over to Dunkin Donuts.

This is absolutely mind boggling. And I was just out in Long Island from Wisconsin less about a month and a half ago, and I reenacted this crime scene. Sam pulls into Dunkin Donuts and as far as I know, over all these years, I don't think the parking lot has been renovated. Obviously things have changed around the building, and the building has been renovated, but it's a very thin parking lot. He pulls into the parking lot on that on that evening, sun's going down but still out,

and the three detectives well dressed. He didn't know they were detectives. Okay, three well dressed men approaching his car right at him before he can even turn into a parking stall. So he stops in the middle of this parking lot and they start yelling summer summer. These complete strangers, Worre's Goberman. Goberman is nowhere to be found. Nowhere. Three people come. They basically kidnap Sam. His car is found fifteen twenty minutes later from his family and another police

officer and that couple of the Cerronis. His door on his car was still a jar, the engine was still running. These people didn't even turn the engine off. These you and I know their detectives. He didn't know what was going on at the time, and his dog was going berserk in the backseat of the car, so he's literally yanked. By the time he's dragged across the lot and put into a detective car, he knows they're detectives. By that time,

there were some witnesses from the donut shop. There were a group of teenagers and apparently the manager on duty that Sam's Wifey Lane, and the couple and the police officer were able to talk to. But in another mysterious set of circumstances, when the detective, the police officer on the scene claims that he calls down to the fourth Precinct Homicide in Suffolk County. There really was this exchange of I don't know what has happened, You'll have to

file a missing person's report. It just smelled too fishy from that time with his wife and the couple, they obviously knew something was wrong. A car was running. Now, a missing person's report is fine and dandy, but there was a little more sense of urgency obviously with the family.

And so he's taken down to Fourth Precinct and what happens to him, unbeknownst to anyone else, is he's brought into an interrogation room by these three detectives and he has beaten repeatedly with phone books trying to get a signed confession. The murder of Irving Silver.

Speaker 2

Now you talk about Elaine and the couple. The surrounds and they're asking for answers, but they do here by their persistence, Elaine's persistence, especially that they now believe that he's in the building. What does Elaine do This is a very dramatic scene. What do they do when they learn and he may be in that building being held?

Speaker 3

Yeah, they eventually when I say they, I'm talking about Elaine and the couple, they eventually get their way over to the fourth Precinct, still not having any idea where Sam is and where her husband is because they're going there under the premise to fill out a missing person's report.

What's really fascinating is that Phil Serrone, from the couple that joined him joined Elaine down there, actually run to a guy he knows because of his work in DJ you know, they kind of cross paths with law enforcement. Obviously finds out that the person he runs into in the lobby of the fourth Precinct slip up a slip of the tongue, basically insinuating that mister Summer was in the building and he felt bad he shouldn't have said that. That sends Elaine into a whirlwind, demanding with the desk

clerk to talk to her husband. The desk clerk, you know, I wasn't there, Dan. I don't know if he was buying time, or if he didn't know what was up, or if he was just you know, told ahead of time,

don't say anything. We don't really know that. We just know that Elaine was on a mission to see her husband, and she goes to the lower level of that building and is stopped by other members for this authorized personnel only be on that point, and she is told to go back up back to the desk, where she eventually finds out he's there, but she can't talk to him

at that time. They sent her home with the seronies and long story short again just based on our time here today, because there's a lot of years to cover. Yet the very next day there's an arraignment schedule that quickly for the charge of murder with Sam. But meanwhile through the night he's taken way over to the eastern end of Long Island and he's kind of passed up a little bit because he was he was beaten enough where there's a mug shot in the book that shows

that his left eye was closed. Incidentally, the mugshot piece of evidence comes up later in the early eighties that there was a second mugshot that was covered up and concealed. I don't mean to go down a rabbit trail with your listeners right now, but I had to just kind of throw that in there. So with the arraignment, the Circus Act of court proceedings ensues. And we've done a lot of research on this. That's why it took about almost four years to write this book.

Speaker 2

Now you talk about we just talked a little bit about this beating, but you go into big description because obviously Sam tells you all about it afterwards. Yes, and yes, what is the what are the beatings entail? But also what are they asking him? What are they telling him? What are they saying to him?

Speaker 3

They're basically saying, you are going to sign this confession. In so many words, thug like behavior. He's going back and forth denying he did this. They keep beating him. They beat him so bad to the point where he was strip naked. He was strip naked, and there was actually a pretty decent beating on his stomach too, because later on the court documents proved that he had discoloration a yellow color on his stomach. So yeah, I mean

it turned ugly. It turned ugly in a hurry. And of course the officers, and I think probably one of the biggest mistakes they made from the get go on this thing Dan, is that they totally denied, almost to the one hundred degree of doing any kind of physical beating to him at all, when they, you know, hindsight is twenty twenty, probably would have been better off saying, yeah, they roughed them up a little bit, but no, he was at one time curled up on a ball on the floor naked.

Speaker 2

Now obviously he's arrain he has to get a representation. Who steps forward, who does he pick? And how do they proceed with getting information from first discovery but just trying to find out what really happened.

Speaker 3

Yeah, gentleman by the name of gentleman by the name of Eugene Lamb. Lamb, just like the animal had a private practice over near Q Gardens. He comes into play based on a referral from someone Sam knew in the private detective industry, so the referral seemed pretty legitimate. Eugene Lamb comes into play. But here's where the whole thing just unravels. And I can't wait to pull the curtain for your listeners later to find out to share with them what we really found out all these years later.

But the arraignment on May twenty third, number one, there was no indictment paperwork for Sam's arrest. Now at the time, no one really knew that was going on. At the time.

The judge for that arraignment in Comac on May twenty third did reference the appearance of mister Summer and before that arraignment could officially be completed, the judge wanted to order what's called a Huntly hearing, and it's unique to the state of New York only, and it's a special hearing that is supposed to focus on the voluntariness of a confession and the method in which someone is arrested aka mostly Miranda rights. So because of mister Summer's appearance,

this arraignment was actually pushed back a day. And I based on what mister Summer has told me and based on his recollection that there wasn't even an indictment presented on that day. The judge put all this into consideration ordered to Huntly hearing. Now, the Huntly hearing didn't take place right away. It took place in nineteen sixty nine. This was May of sixty eight, but the arraignment got

postponed until the twenty fourth. And apparently during that arraignment the count or the prosecution at a very peculiar time in this proceeding runs in the back of the courtroom with an arraignment. Here's some research I did recently through Stonybrook you University and through the Suffolk Sun, which was an old along hand newspaper that folded up in the seventies. They actually had an article published, Dan, and in that article it said the indictment was rammed, rammed, rammed through

in quotes. I can't believe. I found that about a month ago, because it ties into a lot of other things. That indictment had no signature on it. Eugene Lamb. The defense brought that to the judge's attention. The DA played the oversight card. Sorry, we had to get this quickly. We'll get it signed, judge. Let it go as an oversight. But what we'll find out years later that wasn't an oversight. It was it was an unofficial indictment. There never was.

This is stunning. I don't know if there's anything like this in this country, Dan. I've had some law folks who I know here locally do a little bit of research when it comes to a murder charge. But mister Summer may be the only person in judicial history in this country to have served prison time for murder without a grand jury indictment for his arrest. And absolutely mind boggling, mind boggling.

Speaker 2

Let's talk about it is. Let's talk about this confession though too. The total lack of surprise from Sam about even this confession. This is odd. I mean, usually you know you were involved in something like this he was asked to sign. Tell him tell our audience about the surprise.

Speaker 3

Yeah, well he was asked to sign first of all, It got so desperate the night he was beaten in the interrogation room that there was no official paperwork, if you will, for a confession. It was done on a tablet, a regular notebook. It was handwritten by a detective Thomas Gill, who to this day is still around. Sam didn't even know what the heck he was. He was beaten so badly to a point where didn't even know what the heck they wanted him to sign.

Speaker 1

That.

Speaker 3

That's how cloudy this became. And he, to his recollection, he never signed anything but his name was written on a notebook pad of paper that he did confess to the murder. That is tied directly into theory, of course, Dan theory, the alleged indictment that the county was able to then get to charge him for murder.

Speaker 2

What was their idea in terms of motive? They did, of course, some conducted some investigation. What did they think the motive was what was their theory.

Speaker 3

Well, if you want to back up the theory a little bit, I mean there's a number of things here. Let's start with Goberman. He's the easiest piece to start with, since Goberman was an informant for Soffolk County and again that was corroborated by testimony in a law book. Since Goberman was an informant, we know that connections Goberman had with the mafioso wanting to also invest in Summer's businesses,

which Sam did not want anything to do. He was very willing to help plan for the karting industry, but again didn't want anything to do with the money. We know that the mode of there could have very easily have been a cover up for Harold Goberman taken the life of Irving Silver. Now Goberman had a stipulation against him, I mean, he was a convicted felon one more strike

and he was out. So the two worked hand in hand in cohorts with trying to bring Summer down because he was the easiest guy to pin for this whole thing. So that's where we think the connection between the mafia, Harold Goberman and staffa county in terms of money and power, all started right there as as the motive. Now they claim the motive for sam had something to do because

they were him and several were business partners. That's what they tried to pin on him as the motive on that end of the spectrum.

Speaker 2

Right now, with this Huntly hearing, what is the result of this Hontly hearing other than that fortuitous admission by de Luca that they did notice some abuse when he looked at Samuel. So what happens as a result of that Hontly hearing? And then what happens afterwards?

Speaker 3

Yeah, you know this is this is amazing before I get to the to the to the obvious. Oh maybe I might not be so obvious. I guess conclusion of Holly hearing. Elaine Summer stole the show in that in that Hotly hearing, Dan I got, I got a level with you. I've been around a few blocks over the years when it comes to written material on articles and books.

I never read anything in my entire life. I mean, I'm reading a law book that was published in nineteen seventy one, and in that law book it publishes the entire transcript of the Hontly hearing of Sam Summer. Lawbook was found at Saint John's Law Library was published by Paperno and Goldstein way back when. I'm reading through the transcript of his Hotly hearing, and they published it because it was really an example of the dirty deeds behind

trying to frame someone for a voluntary confession. And I'm reading Elaine Summer's testimony on the stand and I am in tears, and I mean, this happened how many decades ago, but it put me inside that courtroom and I'm like, wow, this is amazing. So these detectives from Suffolk County during the Huntley hearing really put their own shoe in their mouth because they claimed. They claimed they were on their

way the evening May nineteen sixty eight. They were on their way to visit Sam at his house to talk to him about the murder of Irving Silver, not to arrest him, but to talk to him. They happened to see him pull into I'll wrap those words with quotes into Duncan donuts instead of having to drive to his house.

So right then and there, they are committing perjury. Because it was established later in the Honty hearing by the same detectives that they did greet him in the middle of a lot at his car, and they did gently, I think reference maybe once pushed him along to the car to take him downtown. They changed their story Dan right then and there and during that Huntley hearing. I think that was one of the key reasons why I'll

get to the result. Sam Summer wins the Huntly hearing, which basically says that without a confession, there would have been no way to find him guilty of the murder of Irving Sober, and I have that in writing. I had that assigned document from former Suffolk County Assistant District Attorney George aspland signs a document that says, without an oral confession from mister Summer, prosecuting him for the kind of murder would be so weak we would have never

been able to do it. So I'm not a legal expert. I'm not going to pretend that I am one, but common sense tells me, and the more I talk to people about this, they just shake their head. Common sense tells me that if he wins a Hounty hearing and he doesn't ever confess as they they meaning the County later attests to in nineteen seventy nine by sending him a settlement check. Therefore, he should have never been arrested

in the first place. So, Dan, what's iery about this is it all goes back to the arrest, which wasn't an arrest, It was a kidnapping. This is what makes this case so bizarre that let me just jump over the fence for a second here in nineteen seventy nine, Well, Sam's in prison. He gets to check. I have it. I have a copy of it. It's in the book. Ye. He gets to check from Suffolk County for five grand. And in the notation of the check it says, I

don't have it in front of me. I'm gonna paraphrase it says for issues related to on May twenty second, nineteen sixty eight, the ninety was kidnapped. So you take the check, you take the Huntly Hearing victory, and you put that all on a pot and you mix it up. He's innocent. Now we'll get one more bombshell in a little bit. But let me go back to Huntly Hearing for you, because I think I know where you're gonna

go next. Obviously, he wins a Huntly hearing months later, the second I think they called it the second Department at the time, the county appeals it. Now here's what's eerie. Why would the county appeal that Sham went to Huntley hearing, which means he doesn't have to go to murder trial? Did they really have it out for him that much? Dan, Here's where I think this case takes a really creepy, creepy turn down a one way street of evil and hate.

Most people that I've spoke to in the legal profession said they would let it go. You know, he won that hearing. Let's just let it go. No, the county appeals it, and I believe it was a five member judge panel, with two of the five judges having ties in their career to Suffolk County. They overturn the Hounty hearing. Unheard of them, by the way, unheard of at the time. I met with a lawyer recently on Long Island about this.

Unheard of they overturn it. And you know why. They say that when he was in Sam Summer was in jail the night of May twenty second when the beating took place, that they left the room for five minutes and he self inflicted his own wounds. Yeah, now think about what's odd about that too. Now, now you have a mission from the court systems his handle of dudgeon that there actually was some yeah, you know, alterations made to his physical appearance. See, this whole thing is just odd.

So they overturned this thing. He has to go to murder trial. Here's what else is interesting, eu Cheen Lamb his attorney, and I did not know this until after the book was published. This is brand new information. Uchied Lamb wanted to step off the case. He did not want to represent mister Summer anymore. Suffolk County made Lamb stay on the case for the murder trial. And according to Sam and his family, and I understand it's only one voice, but according to Sam and his family, Lamb's

performance at the murder trial was completely irrelevant. He was completely checked out. He did not raise and asked questions. He was not canacious toward the prosecution at all. So Summer ends up going to prison for twenty one years, and all these strange things happen while he's in prison. He gets that check for a settlement. He gets a visit in nineteen eighty two by a guy named E. Thomas Boyle. What's the significance of Boyle. He's still alive

today on Long Island. He hung up on me. I want to talk to him last year, very politely and give him a voice for the book. I wanted to give Detective Gill a voice for the book, very politely. Gil, through a family member, said, doesn't want to talk. Boyle hangs up on me. Boyle says, Chris you No, he didn't use my name, he said, he said, I will

have nothing comment on this story. Click. Boyle is a practice private practicing attorney who in nineteen eighty two makes a full day's drive from Long Island up to Clinton, New York. Clinton Prison. They call it Little Siberia, upstate New York. Take the hole day and jobs up there, tells mister Summer he has information on who killed Irving Silver. Can I represent you well? Of course please. He's never heard from again if he ends up becoming Suffolk County attorney.

So when you put these things together, were there bad judges and bad cops? Dan, Yes, But I really am convinced this is a case about evil, and it's a case about hate. I think this was a hate crime before it was even coined by the media in the nineteen eighties against a Jewish American in New York who had built an empire and because he turned down certain people to invest in endeavors together, they had it out for him.

Speaker 2

I wanted to ask about and I will get to this in a second, but you mentioned that that this is an evil, it's a hate crime. I'm reading through this, I thought, isn't a possibility to consider, is that the police are all mobbed up and oh, favors to people in the mafia or the mafia. Yeah, favors from the police, favors from the judiciary.

Speaker 3

Absolutely. And you know, if I made dovetail on that Sam Summer, from all of our research, we may be a little off on this, but from all of our research, he was really the first guinea pig of what has turned out to be dan decades and decades of corruption on Long Island. Now with Da Seeney who came into play, I think in twenty eighteen, I'm gonna tip my hat to Suffolk County. They've done a lot of things to clean up ever since Da spoke up was arrested indicted

back in fall of twenty seventeen, Sini came in. He started this Integrity Bureau to go back and review all these cases where they think the mafia was involved and a lot of injustice was done. I'm glad they're doing that. I think that's a classy move and I think it's long overdue. But you know what, mister Summer and his family have really been railroaded for so many years. Do you know that his kids who were not even able

to go to school? Do you know that when he went to prison in seventy one, Elane, you want to talk about a hero? Wow, Dan, she packs up the station wagon with the kids. Yeah, you know where I'm going with this, and this is a whole separate story. But those little kids and that wife of his, they wanted to be with dad and husband. So they follow him from prison to prison in New York State. Their house was mysteriously repossessed, his business was taken over. There's

your mafia connection, allegedly, But there's your mafia connection. Why is he moved from prison to prison basically in his first go around? Every eighteen months, every two years. Good behavior? You know, you got to get to know this guy as a person. And I'm not saying you know, end of the day, I don't know if he did this or not. Only the Lord knows up above, but I can tell you there is a mountain of technicalities and reasonable doubt. And we'll get to a bombshell in just

a minute for your listeners. They move to whatever community he's in, they run out of money. Elaine Silver's bouncing checks. She had the FBI after her. She's got little kids sleeping in the back seat the cars just so they can be with their dad. And they never brought their angst with them inside prison, and he never brought his angst with them when they visited. They kept it from one another out of love, you know what I mean.

It's incredible now, Judge Robert Levy, real quickly for your listeners, Judge Robert Levy, who today serves as a Federal Magistrate Judge the Eastern District of New York thinky semi retired. Judge Levy back in two thousand and seven. When Sam was released from prison in ninety one, got to reno, you know, he got to know his family again, and blah blah blah. Some time it passed. Levy goes on an investigation through the Civil Liberties Union to try to

sign a copy of an autopsy report. Dan that to this day, yeah, eighteen thousand days later, Sam Summer has never seen a copy of the autopsy report that they used during trial, or they referenced, I should say referenced during trial. Judge George mcinnerney in sixty eight put an order in that the prosecution needs to cough up a copy of the autopsy report. They never have. Now, I'm not a legal expert, but I've been told that's contempt of court Judge's spircial.

Speaker 2

Yeah, it's crucial to the it's crucial to the evidence. Also tell us at the same time, because you know the audience doesn't know, you haven't told us exactly what the original emmy said about cause of death, time of death. Again, we don't even know how the outline of how possibly Sam could not have had an alibi for when they believed that Silver was killed. But again, this autopsy report

would shed a lot of light on that. And the issue we should discuss too is whether it was a pipe as the technis contended yep, or a hit and run, which are completely different.

Speaker 3

Absolutely, and that directly relates to why they could never get an indictment in the first place, because originally they were talking about, I want to say so much a hit and run, but I guess it was he ran them over. That was the cause of death reported in a medical examiner's report, but then later in autopsy report talks about the cause of death as a lead pipe. But that's going to have direct relationship to this indictment issue that to this day has not been answered for.

So you have these, plus you also have paperwork in the mid two thousands that comes up that has a handwritten note from the from the DA's office that he wasn't tried for murder. They wrote in the word manslaughter, yet he served twenty one years for murder. Let me tell your listeners real quickly why these this change of

crime thing happened. So on May eighteenth, which was the day of Irving Silver's funeral, basically the day after he was found Jewish tradition, May eighteenth, there was an indictment for mister Summer's arrest. Now this is four days before he was kidnapped. The grand jury said, no, we're not issuing an indictment because there's no evidence based on a

hit and run that he even did this ironically. On May twenty second in the morning, the counter or the die goes back to a grand jury with a different crime. I'm sorry, still murder, a different cause of crime of that pipe.

Speaker 2

Yah.

Speaker 3

The indictment is dismissed again two times, then he's kidnapped. Then they rammed through another one on May twenty or it actually rammed through the first indictment on paper on May twenty third, and it wasn't signed. So here's what happens.

Here's what happens. In twenty and fifteen, through the Freedom of Information Act, at the age of seventy nine, with a cane in his hand, with his son in law, mister Summer has granted permission to go to yapink Out on Long Island and search the archives of all the documents associated with his case over all these years. Was a major breakthrough. He was never able to see anything from Suffolk County. They just ignored him if Nordon mcnort um for years. He finds in a carton a a

piece of paper that says supplemental report. Supplemental report filled out by Detective Gil noticed The date of the report April twenty second, nineteen seventy one, a month after mister Summer sent to prison, one of the kidnapping detectives completes a report and on the report, what's the first date May twenty third? Indictment for arrests dis missed? This paperwork was covered up for forty four years. Here's where it gets real eerie. Just two weeks ago and this is

not even in the book. This brings us to where his case is today. By the way, just two weeks ago Sam started to put something together. He found paperwork from two thousand and seven filled out by Suffoconi. On the paperwork, it was a timeline of his case. You know what the first date was? May eighteenth, No indictment, May twenty second, arrested. How come May eighteenth and May twenty second, we're not on Gill's supplemental report that was

filed into the darkness into the ABYSS. Our big thing that we're saying now is if you're going to send someone to prison for twenty one years, your paperwork ought to match Dan. To this day it has not matched. And so now we are going full speed ahead for his innocence through the Integrity Bureau at Suffocony. He just submitted Sam did his application. It's about three and a half inches thick. It was just received today by Suffocony and there's going to be some major media attention on his case.

Speaker 2

How haunting is le That time is incredible. You you also talk about that he used his time to a great benefit when he was in prison, studying law and then even getting alt long distance degree in law.

Speaker 3

The university did absolutely he was able to actually get his high school credential in prison, and he completed law classes through Boston University, and he mentored other inmates, and that you know, back in the seventies, I get it, prison culture was pretty rough in New York because it probably was around the country. There was a lot of segregation. So for him to be a mentor to other inmates probably didn't sit well with the guards and they just

they kept moving them. They didn't want to deal with them. But yeah, yeah, he just he kept focused all these years knowing that someday maybe he would get the chance to just lift this burden off. And he wants to do it for his family. You know, he's got thirty a combined thirty great grandchildren, grandchildren and children. Yeah, and yeah, and he just he's eighty three. He just had three

surgeries in the last two years. He survived a nine to one to one call last Christmas time, last Christmas season. I think he's being a kept their own for a reason. He just wants his family to know that Eddi's innocent.

Speaker 2

And this book has had a purpose, had a much bigger purpose than just to tell the story. What was that purpose for Samuel and his family?

Speaker 3

Yeah, it was more than just to tell the story. It was also to just raise awareness about justice. It was to raise awareness about persevering together in love as a family. It was about to raise awareness that this would not happen to other people. And in a strange kind of way, Dan, I think that's come around full circle now because of what we're seeing going on with Detective I'm sorry, District Attorney Seeni in Suffolk County.

Speaker 2

And I think a lot of the issues that are in this book, even though we're talking about fifty years ago, these issues are now becoming more our people are looking at them through different lens. And so once upon a time, when we first saw Rodney King being beat by those officers, yeah, I don't think people believed that. They said, well, you know, when you'd hear reports of people being beat and they said, well,

they must have done something. You know that you really didn't believe until you get these clear, very very clear indications that that's exactly what happened.

Speaker 3

And that's well said Dan. That's an excellent point because to mister Summer, he didn't believe this could even happen. He he loved law enforcement. He put so much faith and you know, he really supported law enforcement. He thought it was just one big misunderstanding. For a long time, he thought it was one big misunderstanding and that you know, they would clear it up and they would apologize, and he would accept, he would forgive them. But as time progressed,

that didn't seem to be the case. And then we found other things happening with Suffolk County over the years of similar you know, means of our demonstrations of corruption and injustice, and so that's all come full circle too. But that's an excellent point, Dan, That really.

Speaker 2

Is this is an amazing book, This book railroaded. And what does uh Samuel think about the book now that it's been published.

Speaker 3

Well, for him, it's a it's it's a very important moral victory for him, you know, I look back at the process of putting this together with him and for him and for his family, for his family. I mean, this just opened up a lot of emotions, good emotions. It opened up a lot of truth. You know, there was there was this. This book helped Sam learn about the whole family surviving in the back seats of cars.

He didn't know that after all these years until just a couple of years ago because it came up in a conversation when I was out in New York visiting with his family. A lot of this stuff came out, and it was good because they were able to cry together and they were able to put closure on this together.

So again, he did this not only to help rid injustice from his soul and from his souldiers, but he just wants other people to be aware that, sadly, this kind of thing can happen, and just to you know, kind of live your life with the eyes in the back of your head. You have to sometimes it's just the way it is.

Speaker 2

Elaine is such a heroic figure in this, so strong for her husband, so defiant with the judiciary. You know, she wasn't quiet about her disagreement or very disagreed with everything that went on in the treatment of her husband. When she saw her husband in the condition that he could barely talk and he was beaten up.

Speaker 3

She was not.

Speaker 2

She was very vocal. I wanted one other thing that was very interesting too, And at least lends some credence to the idea that Sam's idea, because that's what's featured in this book, Sam's thoughts, Sam's ideas, Sam's investigation. Sam bringing up points to help his own fight for justice. That his attorney, Lamb presented a plea bargain to him at one point, didn't It demonstrates a lot of things about innocence and Sam's integrity.

Speaker 3

Tell us about this. There was a chance, excellent Dan, there was a chance during the proceedings for the murder trial where a plea bargain was presented to him for less time, considerably less time. I think that's where the manslaughter element came in. And Sam just you know, I think at that point he was more upset that that was ever even presented to him. He was upset not only with the County but Lamb, that lam wouldnt even bring it to him because he passionately knew he was innocent.

And then that would even be out of the question now in hindsight, doing what five years versus twenty one? Yeah, you know if you would accept it, but it just would it just proves that his innocence was genuine.

Speaker 2

Yeah, absolutely, Yeah, Yeah, it's a it's a you know, these two strong, incredible, heroic characters. The only thing you could ever say about Sam, I mean, because we didn't even get into this this this guy's just an incredible family man. If this is the kind of guy that you the police think they can just take and beat and then run a business, run a life, run a family man. Yeah, this is a guy that they totally didn't understand. And I don't think that's what it was.

I don't think it was a misunderstanding at all. But this person, you know, the kind of person that they went and ruined this guy's life. You know, it's amazing. The only business he made was this association with mobsters, Right, that's a mistake.

Speaker 3

Yeah. And in the fast, busy, ever changing world of commerce that was going on in New York City trying to identify and define itself as you know, a leader in garments and food and all this stuff, he was it was somewhat unavoidable for him. But yeah, you know, he was worried about his his relative too, and his

relative son getting caught up and all that stuff. But yeah, I mean, in hindsight, when you look back at that as well, probably just even conversing with those folks led to led to his plight in some regard.

Speaker 2

You bet well, it's incredible he makes a position for Irving Silver, his wife's uncle, and it really he created a position that would help this guy deal with his dying wife and then his in the financial crunch that this guy was in. Yeah, I mean, you can't get him. It didn't seem everything he did was altruistic and this injustice.

Speaker 3

Absolutely on him. Yeah.

Speaker 2

Yeah, I want to thank you very much Christopher for coming on and talking about railroaded frame for murder, Fighting for Justice. Do you have a thank page or a website that people might refer to.

Speaker 3

Yeah, a couple of different places. And first of all, thank you Dan. I love your show. Your show is very important in the world of justice, and it just gets a lot of wonderful perspective out there that would otherwise be suppressed. So thank you and God bless the work you do. A couple of places your listeners can go Christopher Jossart dot com is a website, so that's just my complete author name, Christopher Jossart dot com. You can find some more info there and also Wild Blue Press.

I know you've had Stephen Jackson on before in the past. He's an amazing author. What a storyteller he is, so Wild Blue Press dot com forwards Last Railroad it is where you'll find some more information there as well.

Speaker 2

Yeah, it's Steve Jackson and the Wild Blue Press in an incredible stable of really great emerging authors and you know, veteran authors, but really really a great place for true crime book writing. Absolutely, I want to thank you very much. Christopher joss Art has been an absolute pleasure. Thank you very much for this interview. You have a great night.

Speaker 3

Thanks as well, Dan YouTube Bye, good night,

Transcript source: Provided by creator in RSS feed: download file
For the best experience, listen in Metacast app for iOS or Android