#139 Jason Flom with Terrel Barros - podcast episode cover

#139 Jason Flom with Terrel Barros

Jun 24, 202030 minEp. 139
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Episode description

Terrel Barros and his friends thought they were just going out clubbing until a tragic encounter changed all that. Then, authorities compounded that tragedy by sending an innocent man to prison and setting the confessed killer free.

Learn more and get involved at:

http://www.change.org/freeterrelbarros

https://www.youtube.com/watch?v=1LQPNFwumJQ

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

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

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

See omnystudio.com/listener for privacy information.

Transcript

Speaker 1

August twenty six, twenty twelve, started off as a relatively normal night. Terrell Barrows was at Monet Lounge in Providence, Rhode Island, with Stephan Boden and some other friends, and disagreement ensued between Stephan and two other clubgoers, Rokeem Henley and Jamal Cruz, but the tension didn't boil over until

later in the parking lot. See Stephan Boden wanted his cigarettes and he would ask Torell for his car keys because that's where they were, so he left ahead of the group, and as fate would have it, who was parked right next to Terrell, but Jamal and Rokeem, who were now ominously approaching. Terrell and the rest of his friends though, were just arriving on the scene and trying to avoid the drama, so Terrell made for the driver's

side door, and then gunshots. Terrell quickly ducked into the driver's seat and Stephan bod jumped into the passenger side. Seconds later, the cops were at the car and they saw Stephan trying to hide the gun. Stephen confessed on the spot to the shooting as both men were cuffed. An intoxicated and mortally wounded. Jamal Cruz had put his head down when shown Terrell, a far cry from an identification, but that didn't stop a detective from testifying a trial

about a quote unquote dying declaration. The state even ignored Stefan Boden's immediate and uncoerced confession, forging blindly ahead to ultimately send Torell to prison, where he remains to this day, serving two consecutive life sentences plus thirty years. This is Wrongful Conviction with Jason Flamm. Welcome back to Wrongful Conviction

with Jason Flamm. Today we're going to be discussing the really troubling case of Terrell Barrows, who was awfully convicted of a shooting in which one person was killed and another was badly injured. And with us today we have a student at Georgetown who's been doing incredible work investigating his case under the leadership of my friend, Professor Mark Howard. So Nurgena Hendy, Welcome.

Speaker 2

To the show, Thank you, Jason.

Speaker 1

The Georgetown class that Nurgenna is a student in is taught by Mark Howard and a name that you'll recognize from being on our show more than once. Marty Tankleff, and of course, this class was directly responsible for the exoneration of Valentino Dixon. If you haven't heard his episode, please go back and listen to it. It's extraordinary. So we hope to be hearing from Terrell Barrows very soon.

Of course, in this COVID time that we're in, it's very hard to get to the phones in prison, but we will be discussing his case and hopefully hearing from him as the podcast progresses. So let's go back to two twelve.

Speaker 3

Back in August of twenty twelve, Terrell Barrows and a group of friends headed out to Monet Lounge in Providence, Rhode Island. While they're in the club, there's some sort of verbal altercation between Terrell's group and a couple of members of another group, including the two that got shot. One was Rokim Henley, who got shot in the leg and who I spoke with a couple of times over the past few months, and then Jamal Cruz who ended up dying that night. But Terrell wasn't a part of

that verbal altercation. It was Stephanboden who was and so a name was called someone's hat got tapped off their head and then no one really stays.

Speaker 2

There's not a physical altercation at all.

Speaker 3

Later on in the night, Stefan Boden asked Terrell, he goes, hey, let me get the tack to go get your car keys. So as he's heading over, there is another car that is parked bumper to bumper with Terrell's car, and it just happens to be the car of Jamal Cruz. Stephen thought that Jamal and Roekeim were coming to cause problems when reality they were just walking to their car. Stefan grabs the gun and you know, witnesses say he told

them don't come any closer. And at this point Terrell starts heading over to his car with his group of friends. Terrell is about ten to fifteen feet away from Steffan Bowden and Jamal Cruz, which is where all eyewitnesses placed him as well, and he's actually walking to get to the other side of his car to hop in the driver's seat because he knows that there's trouble about to happen he doesn't want to be a part of it.

He hears two gun shots, he jumps into the driver's seat and almost immediately Stephan jumps into the passenger seat, and the cops are there to arrest them.

Speaker 1

And there's more to this too, because when Stephan jumped into the passenger seat, he had it sort of a moment of self awareness right where he started apologizing to Terrell for sort of involving him in this.

Speaker 2

Yeah, you know.

Speaker 3

At this point, the arresting officers are on either side and the gun is still with Stephan Bowden. He is caught concealing the gun in the passenger side door, and Stepan actually confesses on the scene.

Speaker 2

He said it's me. It's all me, It's all mine.

Speaker 3

Yet they are both arrested, taken to a paddy wagon, and then there's a show up that is done. Now they spoke with a couple of jury members who told me this is what caused us to believe Terrell is guilty. So in the show ups, they bring Stephan over to Jamal, who was in critical condition on the floor, extremely intoxicated, and they say, is this the man that shot you? And Jamal looks away. Apparently when they bring over Terrell, Detective Matrasia says, Jamal.

Speaker 1

Nods, that's what they say he did. It doesn't matter if he nodded or not. He was in no position to make any identification of anyone, and we still don't know if he did. It's not like he stuck his finger out and went, yeah, that's the guy who shot me, and he's out right, that's not what happened.

Speaker 3

They actually did not even do a show up identification with the other guy, Rokeim Henley, who was shot and he was not in critical condition.

Speaker 1

They also didn't bother to swab the hands of either Terrell or Stephan, right, that would be so critical to figuring out who did or did not commit this horrible crime.

Speaker 3

And Jason, I think it was clear to arresting officers this had to have been Stephan. It was in his hand, he confesses. That's probably why they didn't even swab their hands. And then you know, somehow the story gets twisted and it's now in Terrell because of what they call a dying declaration.

Speaker 2

Terrell Owis says, he goes, there were two.

Speaker 3

Lives lost that night, Mine and Jamal Cruz, and I feel bad because Jamal Cruz didn't get justice.

Speaker 4

This is a free call from Roe and inmate at Maximum Security facility. Thank you for using securists. You may start the conversation. Now.

Speaker 1

I love Heyterrell, thanks for calling in. I know we have limited time, so let would get right to it. Can you take us back to the awful night of this crime and give us your perspective having lived through this night, mayor yourself.

Speaker 5

Well, back at that night, the two dudes approached. You know, we're talking to Stephan about something. The problem wasn't with me, so you went outside in the front of the club. Stephanim one of my keys to go get it a cigarettes. So when we go to the PA, the two dudes approaching. So I see them two dudes. Oh my god, man, here we go. So I turned around to go with jobside and the car, and I hear shots. So I just run into my car, just got run to my pa. Pop is like he had the gun on me, and

put your hands on stading wheel. I put my hands on stading whil and he keeps on saying it but he's talking to stuff, and so he puts his hands on the standing wheel and he's like, yo, I'm sorry, I'm sorry, I love you, I love you. The police officers hot and up and he's like, oh yo, the passions. He's got the gun. So as soon as he opens up the door, Stephan says, it's me. It's all me, It's all mine. He's like it's shoot. He's like, yeah,

it's me. So when he took him out, he's already han't come from the other cop that had the gun on us. He comes, he flashed the cuffs on the wrist, my wrists and slings me on the floor. Brings it back to the paddy wagon. There's a guy that was shot. I didn't know no one was shot. I could see blood every this dude's hurt. So this dude shot in the chest, and this dude's like doing a show up with this guy shot in the chest, asking him this shin the sin the shim. The guy just looked at

me and puts his head down. He ain't saying nothing. He didn't do nothing. He ain't saying nothing. He just put his head down. So then they had put me back into paddy wagon. They bring me back to the station. When they bring back to the station, you know they do the mob shot the fingerprints. Whether they got me to a room with two detectives. I asked for my lawyer to touch his Angelo Levon was the lead to He was the one that questioned me the first time

in the first night. So he's like, oh, you know he wants cigarette. You want a cigarett.

Speaker 1

I'm like no.

Speaker 5

He's like, you want water. I'm like no, and he catched on, chya talk to me, and I'm like, I want my lawyer. I want my lawyer. I want my lawyer. So he leaves the room and he comes back and he brings back to holding himself. So it's one of the times I'm like, yo, I'm banging on the door. Cop comes. He's like, what you're banging on. I'm like, I want my phone call. He's like phone call. I'm like yeah, He's like, are you getting plenty phone calls?

Were aure going. I'm like, where am I going. He's like, you're gonna chill? What the hell? They bring me in the bus. They chanceport me there and I find out Monday the raiment that I'm getting charged with murder. I go up into the court room, had to split up. Stephan was on the west sides on the right side. So they reach Steff in his charges seventh bolroom possessing a firearm and that was that and he goes with Terrell Barrows first degree heard them, Paul showing everything I love.

I did not do it. He admitted it on the scene for the p that's the power. I don't understand.

Speaker 1

I don't understand it either, because it should have been over right then and there, throw the phone, Okay.

Speaker 4

The caller has hung up.

Speaker 1

I have never and may never again hear of a case in which the actual shooter skates on the charges after confessing on the scene. Right, I mean, at that point, this should be a very short podcast. That should be the end of it. I mean, this would be funny, except it's so freaking serious, right, And this is this is the system that we all rely on day in and day out. I'd like to believe that we have people who are doing the job that they're paid to do.

But in this case, it's absolutely true. It failed society, it failed the victim, It failed to rell, and that's what we're here to talk about. And then it gets weirder because then you start with the eyewitness. The only eyewitness is a guy named Gregory's or Obedient, and he initially claims he didn't see the shooting, and then changed his testimony six days before the trial to say he saw Torell do it. We have a document signed by the assist Attorney General promising not to charge him for

perjury should he alter his testimony. That's maybe just a little bit of a red flag there. Now get this, Okay, this Gregory's or obedient guy had, well, let's just call it an extensive criminal history. But that might not even be doing a justice. So his rap sheet went back thirty years. It included convictions not arrest, convictions for living off the earnings of a prostitute, grand larson, d ui causing death, cocaine possession, burglary, theft, escape, and that's just

the beginning. So do we think that after doing all these other things he's done, he might be willing to lie in exchange for a deal. I would say that's a pretty good likelihood. And then let's get to Detective Charles Mtrasia. Do you want to take that one, Jenna.

Speaker 3

He was actually the one who claims that he saw Jamal cruz Nod. When they brought over Terrell, I asked herra, I said, yo, were you watching Jamal? He said yeah, I was watching him. I said, did he not? He said no, he didn't do anything. So whether he did or did not is another story. But again, Jamal Cruz was under the influence of alcohol. He had a BAC of point one six', two which seems like a lot until we look At, rokin who had to.

Speaker 2

Actually HIRE bac as.

Speaker 3

Well and then Both Stephan andterrell were wearing WHITE t shirts and darker. Pants out of the group That terrell was, in he was not the only one with two long black.

Speaker 2

Braids he just. Wasn't it was a. Style if you look at the pictures.

Speaker 3

Of his friend, group he's not the only one with two long black. Braids and so out of a group of people wearing white, shirts dark, pants two long black, braids you're dying on the. Floor And Detective matrasia, says, yeah he nodded when we brought Over. TERRELL i, mean how unreal could that? Be and so now we're moving INTO gsr.

Speaker 1

TESTING gsr stands for gunshot, residue.

Speaker 3

Yep and there are three particles of gunshot residue that they test for when they're looking at. Clothing so When Stephan andterrell were initially, Arrested stefan was pulled out of the car and he was slammed against the side of the. Car When terrell was, arrested he was pulled out of the car and slammed to the, ground so he actually had.

Speaker 2

Some dirt on his white shirt in a specific.

Speaker 3

Area what they initially test was the chest area of Both terrell and Of stephan because the theory is if someone is a shooter and they hold the gun right, ahead that the gunshot residue will recoil and hit them in the chest. Area so they talk about stuff and they, go, well we found lead on stuffan and they, say, well you also found lead On. Terrell So terrell whispers to his attorney ask if they happened to find.

Speaker 2

The lead where my shirt was.

Speaker 3

Dirty they said, Yes so it makes sense that that's the only place on his clothing where they found. Lead so this is all the information they had in terms OF gsr at, trial but there is MORE gsr evidence to, come which is part of what we are motioning for with the new hearing coming.

Speaker 1

Up, well we're on, initials, Right we'll go FROM gsr TO, dna and THE dna report Excluded terrell from having held the. Gun so let's touch for a second on THE dna expert for the, state who we know was, WELL i, mean most, unfortunately quote unquote experts are pro. Prosecution in, fact the whole system is pro. Prosecution over eighty percent of judges are former. Prosecutors so throughout the process there's a tilt towards, prosecution and the experts that you're seeing

may not be objective at. All and this is one of those cases WHERE i think that there's a strong argument to that. Effect, So, ujena can you talk about?

Speaker 3

That, Yeah Kara lupino gave extremely pro prosecution. Testimony in the way that she had presented. It the attorney would ask a question the, prosecutor she would respond and say, yes And torell was. Included and then you all of a sudden get to the very very very end and they really quickly sneak in a couple of lines Of terrell was excluded And Stefan BODEN'S dna could not be. Excluded so When i'm talking to the, juror she, GOES i don't even really remember him being. Excluded it was so.

Confusing there were a lot of numbers thrown. Out terrell seemed to be included in almost every mixture that they're talking. About it's absolutely, insane and IF i was in the, JURY i would have thought the same.

Speaker 1

Thing the state's witness essentially muddy the waters of what was a pretty cut and DRY dna report that Excluded torell from having ever held the. Gun but then There's Rokeem, henley the other guy who got shot that. Night his, testimony along with the ballistic evidence known at the time of, trial make it an actual impossibility That terrell could have been the.

Speaker 3

Shooter he does, testify and WHEN i asked him the same question WHEN i met with, him he, said the only person standing close To Jamal cruz Was Stefan.

Speaker 2

Bodden SO i, said here's the.

Speaker 3

Discrepancy did you see who shot?

Speaker 2

You he said.

Speaker 3

NO i, said, okay, well ballistic evidence proves that the shot was made from near contact to eighteen inches, away and you are telling me that the only person standing near contact to eighteen inches away From Jamal cruz Was Stefan. Bodden he, said, yes BUT i didn't see him shoot the. Gun it's kind of a confusing. Testimony you don't see stuff and do, it but you also claim you did not See terrell. Outside you don't know Who terrell. Is

the only time he Saw terrell was at. Trial so if rokeeem had never Seen terrell and the shot was made from near contact to eighteen inches, away it is impossible That terrell was the.

Speaker 1

Shooter, nevertheless the incentivized, witness the MUDDY dna, report and of course the testimony Of Detective matrasia with too much to, overcome And terrell was sentenced to two life sentences plus thirty.

Speaker 4

Years this is a free call from true an inmate at maximum security. Facility thank you for using. Securists you may start the conversation, Now.

Speaker 1

Okay the investigators in your, Case, terrell it Was Detective matrasha And Detective, angelo, right.

Speaker 5

Yeah, angelo though he was the leader of the, Case matasha was the one that lied About, jamal saying it was me at the show. Up so WHAT i was told was this from a lot of, lawyers and they all gave me the same. Answer you're in this. Situation they tend this on. You it's because you asked for your. LAWYER i asked for my. Way that's not, Right they, said, yeah but you didn't tell them what they wanted to,

hear and they threw it on. You jamal ain't, here so you could put any words in that man's mouth you want because you can't put him on a stand and cross examine. Him so what the cops. Do they go on the stand and they, think, no they, know they know that the jury look at them as. Superheroes the jury don't think that the cops are going to go on to stand and, lie and that's what they. Did And jamal ain't. Here now this is before this

even going on With George. Floyd this was in like twenty, twelve twenty, thirteen so around that time that climate was, like oh, no the police ain't gonna lie on this, Kid.

Speaker 1

Torell you've gone through this insane. Nightmare everything that could go wrong has gone wrong so. Far but then comes the moment where the jury goes out and they come back. In did you think that they were going to find you? Innocent tell us about that.

Speaker 5

Moment they bring me down and the elevator to the court. Room they can just feel like the tension in the courtroom and the jury will come. In their faces are. Funny they SAID i was, guilty and then, everybody just my, family everybody was just, Like, noah he's. Innocent like they just went. Crazy i'm just sitting there like and. Shocked i'm in, shocked like everybody's standing. Up i'm the only one sitting down and what got me out of the

chance As i've Seen Detective Angelo leva. Laughing SO i, said, yo what do you think this is? Funny they just looked at me AND i looked At jamaal's family AND i turned around some AND i, SAID i didn't do this to your. SON i promise. YOU i promise. YOU i did not do this to your. SON i did not do. This they didn't get justice for your. Son they're lying to you and they're just looking at me like in a. Shock everyone's going. Crazy so they're in that.

Commotion i've seen the prosecutor like hugged the brother like like they want a Super, bowl smacking his back like, yeah, yeah we got. Him And i'm just looking at him like ye're lying into this family like this is a big, lie like you just known an innocent kid guilty for

a time. Again do they just want a big? CONVICTION i know they don't know WHY i didn't do, it because the, prosecutors you, know when you see bogus, charges but you still go forward with it because you want a. Conviction they don't care.

Speaker 1

Yet What i'm. Say, yeah they're thinking about their, future their, aspirations the way they can be, successful and they know that's by having a good conviction rate by in. Large but it's like it's some sort of six scoreboard and they're.

Decent oscar's out. There there are some really good ones, Too but the ones that are willing to ignore evidence of innocence and prosecute clearly bogus cases like yours just to get another notch on their, belt just to move up the, ladder Are they're a disgrace and they're actually a menace to public.

Speaker 5

Safety they used on that they went off family to make this. Family, yeah.

Speaker 1

Like and as if this case couldn't get worse or. Weirder Stephan bowden put out a. SONG i guess he was trying to rid himself of the guilt of skating on the murder rap and allowing his friend to rotten. Prison.

Speaker 2

Right he wrote this song Called letter To.

Speaker 3

Terrel it's really more of a guilt, trip saying things like we should have never went out to the club that. Night it's painful that you're in that. Cell it's painful on my, mother And i'm sorry that you.

Speaker 1

Win that gym's painful on my, Mother BUT i think about you every day IN. Nfe how is he? Out interrell's in.

Speaker 3

Prison Stefan boden is now. Dead he was shot in a car shooting in twenty.

Speaker 1

Seventeen it's too. MUCH i, mean the good news is He's the only good news HERE i guess is that he's got a fantastic. Team now we've got some. Momentum can you talk about that new, evidence talk about his new lawyer and what lays.

Speaker 3

Ahead the original theory was if you hold a gun straight out in front of, you THE gsr or gun shot residue will fly back and hit the chest, area AS i mentioned. Before, However Bob, Cando terrell's newer, attorney went ahead and looked at the trajectory of the bullets and he had a couple of questions about where the shot was actually made. From how is it possible That rakim didn't see the. Shooter how is it possible that If jamal gave a dying, declaration then he gave it

to the wrong. Person and how is it possible that If stefan's the real, shooter we find only lead on.

Speaker 2

Him where are the other particles OF.

Speaker 3

Gsr So Bob kando goes ahead and puts in a request for other areas Of boden's clothing to be, analyzed including his crotch and belt. Area lo and, behold they come back with more particles OF, gsr which ends up being huge. News putting together trajectory of the. Bullets putting TOGETHER, Gsr Stefan boden actually took the shots.

Speaker 2

From right next to his. Belt he actually did not hold the gun straight.

Speaker 3

Ahead so if that were to, happen someone who's extremely intoxicated wouldn't be able to see the. Gun and WHEN i actually ended up speaking To rakeem, later IF i, said, well you, know the new evidence really says that the gun was next to him was, sponsor he, goes, oh that might explain. It so that might explain Why rokein

didn't see That stefan shot. Him so that's very. Exciting and with this new, evidence with the new affidavit that we have, written new eyewitnesses who are coming, forward family members Of stephan Bod and who are coming forward and SAYING i Know stefan did. It he told me multiple. Times we are taking all of this And bob is pushing for a hearing In september with emotion for a new, trial and we're hoping that we can Get terrell home very.

Speaker 1

Soon and that leads to what happens now and what can people?

Speaker 3

DO a mini documentary came out About Terrell. Barrows please check it. Out the title of it is on. YouTube it's Called making An exonerary twenty twenty dash The story Of Terrell. Barrows and then that you'll really see everything that we outlined throughout this entire, podcast as well as getting to hear from people who heard From steffan himself

that he did. It and then there's also a change dot org petition that sends a letter to the, governor who has been pretty vocal about THE blm movement and everything that's happening right, now so we're hoping that she'll also hop onto this change dot org slash Free. Terrellbarrow so it's change dot org Slash Free Terrell.

Speaker 1

Barrows our wonderful producers have put the link in the podcast description so you can just scroll down on whatever platform you're listening. To please share it on social. Media tell people listen to the, episode watch the video content that's out. There we can win. This so now this is the part WHERE i get to thank our guests in this, case and, There Jenna, handy thank you for being, here and of Course Terrell, Barrows we're here for. You i'm going to fight for, you and thank you as

well for sharing your thoughts with. Us Now i'm going to turn off my, microphone pick back in my chair and Let Noorgena handy share her final thoughts in the segment we call closing.

Speaker 2

Arguments terrelle is an amazing.

Speaker 3

MAN i could go on and on about who he is as a, person the character that he, has and the change that he will make when he is brought. Home and it has been such an honor to be in his, life to be in his mother's, life to be in his attorney's. Life And i'm hoping that we can Prove terrell's innocence and bring him home to his, mom to his, family and to society where he belongs and WHERE i am one thousand percent sure that he is going to make a. Difference this is not the,

end and it's definitely not the. Beginning this story With terrell has happened many times in the past and unfortunately will continue to happen unless people like, me like You, jason come together and Bring terrell.

Speaker 1

Home and now over to You torel, again thank you for being here and thank you for your courage and your. Spirit hang in. There we're all out here rooting for you and more importantly fighting for. You so now over to you for closing.

Speaker 5

ARGUMENTS i just want to thank everybody for, listening AND i want to start off while, Thinking Jason form for give me this platform to explain my. Situation we need people Like Jason Mock, Poward Madi, tank with The georgetown, students the Genre Leo. Caroline they are fighting so hard for. Me my, Attorney Robert, kando just want to thank him for being there for me and really really fighting for me because he Knows i'm really, innocent you. Know AND i also got to thank the two main women in my,

wife my mother And Ann. Lisa if it wasn't For An lisa reaching out to my out with, that none of this right, now this, interview the, documentary the, petition none of this would be going on right now because it wasn't for. HER i want to thank my mother for always being there for. Me her strength is WHERE i get it. From, well right, Here i'm innocent and she told me to, fight, fight fight UNTIL i get my. Freedom but the post convincing am't coming. Up And i'm

fighting for a new child And i'm fighting for. FREEDOM i need your. HELP i just need as much people to sign this.

Speaker 4

Petition you have one minute. LEFT i spread the.

Speaker 5

Word we need. Allies there's a lot of us in here that are, voiceless AND i am blessed to have the. FAMILY i have to have this voice to speak because it's given me a platform to speak for the. Voiceless in this, PRESENT i feel like people are playing in my life for a. REASON i know That i'm going to get out of jail AND i gotta fight on the front line for people get innocent in present because it has to. Stop these pos needs to be held.

Appounable they're not just killing us in the. Streets they're killing us in these courts and there's no consequences when they do. It they need to be. Accomplished too many people in the prisons system what their life took me, fact it has to.

Speaker 1

Stop don't forget to give us a fantastic review wherever you get your. Podcasts it really. Helps And i'm a proud donor to The Innocence, project AND i really hope you'll join me in supporting this very important cause and helping to prevent future wrongful. Convictions go To Innocence project dot org to learn how to donate and get. Involved i'd like to thank our production, Team Connor hall And Kevin. Wartis the music in the show is by three Time

Oscar nominade Composed Jay. Ralph be sure to follow us On instagram At Wrongful conviction and On facebook At Wrongful Conviction. Podcast Wrongful conviction With Jason flam is a production Of lava For Good podcasts and association With Signal Company number one

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