#243 Guest Host Patrick Pursley with Jacques Rivera - podcast episode cover

#243 Guest Host Patrick Pursley with Jacques Rivera

Feb 02, 202236 minEp. 243
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Episode description

In 1988, 16 year old Felix Valentin was shot in his car in an alley on the West Side of Chicago. Before slipping into a coma and eventually death, he was able to identify his shooter and the getaway driver, 2 members of the Imperial Gangsters. An 11 year old eyewitness named Orlando Lopez initially identified Jacques Rivera, a member of the Latin Kings. Shortly after, Lopez realized his mistake, but Detective Reynaldo Guevara would not listen. Guevara claimed that the victim had identified Jacques as well, and the juvenile witness went along with it. Jacques went to a bench trial in front of Judge Michael Close who had recently been a focus of Operation Greylord, one of the biggest judicial corruption investigations in US history. Judge Close would not admit the victim's initial ID's as evidence, and Jacques was sentenced to 80 years. 23 years later, the Center on Wrongful Convictions eventually unearthed the reluctant witness, who greeted them with relief, saying that he’d been waiting to tell the truth. Detective Guevara's corruption has cost the citizens of Chicago over 50 million dollars so far, in addition to the freedom of over 20 innocent men and women.

To learn more and get involved, visit:

https://www.innocentdemandjustice.com/

https://www.law.northwestern.edu/legalclinic/wrongfulconvictions/

https://lavaforgood.com/podcast/155-jason-flom-with-marilyn-mulero/

https://lavaforgood.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

Welcome to a very special episode of Wrongful Conviction, in which we're trying something new. I've asked a previous guest to take on my usual role as interviewer. You might remember Patrick Pursley from his own episode of Wrongful Conviction. Patrick did what seemed to be the impossible to win his freedom. He got a law changed from inside prison to allow for the post conviction ballistics testing that proved his innocence. Just an amazing feat accomplished by a truly

amazing guy. And now he brings us an interview with another innocent man who he knew while inside Illinois Dateville Penitentiary, Jacques Rivera.

Speaker 2

On August twenty seventh, nineteen eighty eight, a sixteen year old named Felix Valentine was shot in his car on the West Side of Chicago. At the hospital, responding officers spoke with the victim to identify the shooter and getaway driver as members of the Imperial Gangsters. However, a corrupt detective named Ronaldo Gavera instead targeted JOCKX Rivera, a member of a different gang, the Latin Kings. Jox ran a

local recreation center that Gavera often targeted for information. Despite the victim's dying declaration to responding officers, Gavera claimed to have gotten a different identification during the eighteen days before the victim's death. Gavera then misled an eleven year old eye witness to corroborate that focush identification, charging Jocks with

the murder. JOCKX was tried under Judge Michael Close, who had recently been the focus of Operation Gray Lord, one of the biggest judicial corruption investigations in the United States history. The judge would allow the testimony of the victim's original identification, and with the false testimonies Cavera and the misled child witness, Judge Close convicted and sends JOCKX Rivera to eighty years.

When the Center on Wrongful Convictions took on Jock's case, they found the eyewitness, now an adult, who greeted them with relief, saying that he had been waiting to tell the truth for the last twenty three years since. An investigation into Carverre's corruption has resulted in the exoneration of over twenty innocent men and women, costing Chicago over fifty million dollars in counting. This is wrongful conviction. Welcome to wrongful Conviction. This is Patrick Persley, also known as Free

Patrick Persley. I was previously a guest on Wrongful Conviction, but today I'm honored to feeling for Jason Flam and we have a very special guest with us, a friend of mine, someone I knew a long time while in state fuels of my own wrongful conviction, mister Jacks Rivera.

Speaker 3

Sir, Oh Patrick, I'm good man, I am really good.

Speaker 2

So one, thank you for having the trust in me. Tell your story on behalf of Jason Flom. I know it's hard telling our stories, put in our pain out there on the line. Could you explain to the audience a little bit about yourself and just our.

Speaker 3

Connection, our connection unfortunately being in prison together. You know, you was a great dude. Unfortunately for us, we were wrongfully convicted, so that doesn't change our character of who we were before we went in there. We didn't let it change who we were.

Speaker 2

No, we didn't, and I appreciate that. Jocks, your case is well, you know, you kind of hit the double reverse Jackpie here. You have one of the most corrupt detectives in Chicago history, which is saying a lot and his name is Detective Ronaldo Cavert. Real infamous guy. It's responsible for so many wrongful convictions over twenty accounts, and it's cost the city of Chicago fifty million dollars. And I can just tell you it's a house lawyer from Stateville.

You know, my twenty three years doing cases down there, his name came up again and again, and there was definitely a pattern present throughout. And then on top of that, you got judge who was a person interest in investigation and judicial corruption in the eighties called Operation Gray Lord. The investigation was meant to root out pay for play scandal on which judges were accepting bribes where basically they

were fixing everything from parking tickets to murders. The judge in your case, Michael Close, was alleged to it taking twenty five thousand dollars to fix a murder case find

one defendant not guilty and the other definditt guilty. I believe while Judge Michael Close was never criminally prosecuted, he was pursued in civil suits and the Cook County State's Attorney's Office they represented him, and basically their position was that he was immune from civil litigation during the commission of his judicial duties, so therefore he was immune from civil liability according to the law. So I think that says a lot of about this case and where we're headed,

and we haven't even started yet. But Jocks, let's talk about your life. What was your life like growing up in the city of Chicago during this time.

Speaker 3

Yeah, growing up on the northwest side of Chicago, the Humble Park area during the late seventies, all of the eighties, you know, really gang infested, high crime, and you had like four main gangs. There were the Imperial Gangsters, the Same Spanish Cobras, the maniac Land Disciples, and the lank Kyns. My dad had passed away when I was fifteen, and I had five other siblings that my mom had to take care of, and you know, I was just roaming

the streets. I was really distraught about my dad passing I did, you know, he was kind of my rock, my guide, and you know, they didn't really have much of a choice but to join the gang at that point. They offered protection, and without that protection, you'll be a target in the area, and we couldn't move out that area. So it wasn't like I wanted to do that or go down that path. I just had no other choice. I was a member of the land Kings. So in

Humble Park they had a festival yearly. It was called the Fiesta post Analist. It's the celebration of the Latino culture. And there would be times where the gang violence was real bad in this festival time. So what the city decided to do, along with the Puerto Rican Institute, was to pay game members to govern their own you know, to stop the violence. So the gentleman from the Spanish coalition suggested that we use this money to open up a community center, which was a great.

Speaker 2

Thing and just for people not familiar with Chicago, this was quite commonplace where the city paid the gangs to keep their guys in line. This was even done in prison, and it's called in main tenant control program. So this community center gets going over the years, gets a couple of name changes, and I believe it's been named the Humble Park Institute, that's correct.

Speaker 3

Yeah, that's when I really got involved in it, and it was doing so well that the city they wanted to give us more money to open up a recreational center. They did, and we opened it up and that was running it. It was called Mind and Body. We had weights in their foolsball table, ara hockey gains for the kids for after school programs, and people came in there a lot adults and kids.

Speaker 2

So it was considered like a safe place for a family. Yeah, even though it's like in this so called gang infrastructure, there was some good elements that came out of it.

Speaker 3

Oh yeah, definitely was. And that's why I think the troubles began. This detective Nalvo Guevera. He used to come in there from time to time looking for people. I was like, you know, we have none to hide here. It seemed like at first that he was just interested in how this program came about, who's involved in it? You know, who's in charge is running? I said, I am,

and we're part of the Humble Park Institute. And he used that as a means to come in there to look for people that he was looking for from the streets, the gang members, whether if it was to arrest them or just to talk to them or whatever it may be.

Speaker 2

So now this brings us today, end of summer nineteen eighty eight and the murder you got caught up in. It was a gang relative murder. And I remember you tell me it took someone actually come into Stateville laying it all out for you to actually know what was going on behind the scenes, what this actual beef was about. You had mentioned like multiple gangs operating this area. I believe it was Latin Kings, Maniact Latin Disciples, the Imperial Gangsters,

Insane Spanish Cobras. What was going on at that time.

Speaker 3

Those were the heavy hitters, if I could say that. And then you had these little block games and the two of them were Insane Campbell Boys and Maniac Campbell Boys. And from what I understand was they were approached by the Spanish Cobras and the Imperial Gangsters and they was telling them, you can either join us or we're gonna shut you down.

Speaker 2

A simulation.

Speaker 3

Yeah, So I believe the Insane Campbell Boys went with the Insane Spanish Cobras ISC and the Maniac Cambo Boys. They said we were going to become Maniac Latin Disciples. So the Maniac Camel Boys, now we're at war with the Imperial Gangsters about their decision about not riding with them but going with the Maniac Latin Disciples.

Speaker 2

And from what I understand the victim in this case we're talking about today, sixteen year old Felix Valentine. He and his brother were maniac Campbo boys who were assimilated or basically had flipped into the maniac Latin Disciples, who, like you said, they were now at war with the Imperial Gangsters over that fact. And that takes us to the day of the shooting August twenty seven, nineteen eighty eight.

Speaker 3

Where Felix Valentine got shot was Imperial Gangster's neighborhood. He was over there with his brother. They were going to a wedding, and his brother went up the stairs and he waited in the car, you know, like saying, hurry up, get up, to get out, because you know where he's supposed to be in this area. So according to the police report and that women's report, a car drove up, pulled right behind a Felix while he sat in the

mouth of the alley. Messenger got out. The car walked up to Felix and then this person opened fire on him. His brother heard the shots, came downstairs, ran to the car, saw his brother limped over, and he opened the car door pushed his brother. Felix over to the passenger side and took off to the hospital. There was a Chicago police officer that came on the scene. He went to the hospital talk to the victim.

Speaker 2

So this would be Officer Craig Letrich. He was responding officer. He also talk to people at the crime scene. So the next day Felix Valentine stabilizes Officer Lectric went to the hospital and Felix told let Ridge and his partner that was the Imperial gangsters who had shot him, right.

Speaker 3

Yes, sir, And he left the hospital, went back to the police station and came back with an Imperial gangster mug buck and lo and behold, Felix Valentine identifies Jose Rodriguez and Philip Nevis. And he didn't just identify them, he stipulated the participation that each of and he said that Jose Rodriguez shot him and Philip Nevis was driving the car.

Speaker 2

So this should have been like an open and shutcase. But that's not how this goes down. So even though Felix found saying the victim in this case tells Officer Electric, the responding officers whose attackers were detected. Guevera led the investigation a whole nother direction. Now, there's also a witness, eleven year old boy from the Imperial Gangster's neighborhood named Orlando Lopez, whose sister also happened to be dating Felix's brother,

and allegedly witnessed the shooting. And he allegedly said, because we're not even sure what he actually said is might have been fed to him by Gavera. But he allegedly says he was standing at an indentation in the alley and saw the shooter from the back and described the shooter as about five ten dressed in black and gold. Now those are Latin King colors, not Imperial Gangster colors. What else was alleged?

Speaker 3

He said that the car turned southbound on Spall, which is in the direction of the Latin Kings, and was for certain that the shooter's hair in the back he had a ponytail, and it was dyed like a blond gold color.

Speaker 2

And Gavera starts looking for marks depending on in Latin King's territory or maybe even had you in mind. So how did you do it? How did you get caught up in this?

Speaker 3

Gavera came into the neighborhood. I was out there with the guys. He drove upon us and he said, I need to talk to you. What they used to do was use people as fillers in lineups, and I stood in a few lineups before. They just said, you know, don't worry about it. We know you didn't do it. We just need fillers. So and Gavera drove up and he said, you know, we want to know if you're

standing in a lineup. And I just knew it was funny because it's like seven to ten guys there and you picked me out of everybody.

Speaker 2

Did you fit the description?

Speaker 3

No, not at all. I mean my hair was long in the back and never wore it in the ponytail, pigtail, none of that, or had it dyed that color or any color for that matter.

Speaker 2

So your very approaches you and you feel kind of strange about this line of being a filler. But you did it before, so what's going through your mind? Is this is happening? And what happened?

Speaker 3

I said, something was wrong? And when I hesitated, he opened up his coat and moved his coat from around his revolver as to say, you could come peacefully, or if you could come fortfully, I said, I know aught to do nothing wrong, so I went with him. I was held in the police station for that day, in the whole next day, and then on the third day they put me in a lineup with Imperial Gangsters. Why would you put me in a lineup with Imperial gangsters? If it was the Lame Kings, you did it right.

Speaker 2

That's crazy. And for Orlando Lopez is from the Imperial Gangsters territory, he probably knows all those guys. It looks a little bit like they might have been trying to lead the witness to pick someone that they didn't know. So were you identified at that time?

Speaker 3

No, I was not identified. They let me go.

Speaker 2

So that was your first line up with this case, and they let you go, and little time passes, so you probably think the whole thing is behind you, is blown over. But then at this time, if we could kind of see like a split screen behind the scenes, you're living your life and these two other things are going on. First, Felix Mountein's health is rapidly going down. He now slips into a coma and eventually dies eighteen

days after the shooting on September fourteenth, nineteen eighty eight. Meanwhile, Cavera he's working in this Orlando Lopez kid. And it's believed that Cavera told Lopez that he had visited Felix at the hospital and Felix identified you. So then he starts pulling Orlando's heartstring and say, this is your sister's boyfriend's little brother that could have easily been you. So Cavera relates to Orlando, you know the victim told him

it was Jacques. Rivera basically puts it on this kid, like what would you want someone to do for you in this particular situation. So now Cavera he rolls up on you again exactly.

Speaker 3

So, I was at the Humble Park Institute and here the screeching of a car and it's Cavera and his partner Harveston, and he said, hey, hey, camera, and I went up to them. I put my hands up right around. He cucked me up and he says, what car are you driving? I said, a white Impalla. So why Cavera went to search my car? I'm asking his partner, I said, man, what's going on? Man? Joe picked me up by two weeks ago, you asked me to stand in line. The by standing on line him, I'm let go he says,

I don't know, this is Devera's case. So Gvera came back. He sat me in the squad car and started proceeding to Area five police station, and I just kept hounding him. I was like, man, what's going on. They didn't buckled me in the back seat. So he stopped the car real quick, and as I flew forward, he grabbed me by my shirt and he says, you're being charged with murder, motherfucker. And he pushed me back and he said, now shut the fuck up.

Speaker 1

This episode is underwritten by AIG, a leading global insurance company. AIG is committed to corporate social responsibility and is making a positive difference in the lives of its employees and in the communities where we work and live. In light of the compelling need for pro bono legal assistance, and in recognition of AIG's commitment to criminal and social justice reform, the AIG pro Bono Program provides free legal services and other support to underrepresented communities and individuals.

Speaker 3

When we get to the police station, they put me in a lineup with Latin keeams. This was the second lineup, so I said, this time, I'm going to stand dead center to make sure where were this witnesses so you can see me to know that this is not me. Another detector came in and he made the noise like a game show, ding ding ding ding ding ding. He said, we got a winner. They identified you as the shooter.

They removed the other gentleman that was in the lineup, and they said, did you want to talk about this? I said, there's nothing to talk about, man. I said, I don't even know what's going on. What do you want me to say? And the Gavara came up to me. He goes, you know, you can make this easier on yourself. Tell us who the shooter was, and we're going to put you down for the driver and we're going to

help you out. I first thought to myself, not only do you want me to implicate myself it's something that I didn't do, but you want me to implicate somebody else?

Speaker 2

Throw was someone else under the bus too?

Speaker 1

Yeah?

Speaker 3

And I told him you got to be crazy, man, I'm not going to confess that somebody didn't do or implicate nobody else. He's like, well, that's okay. You don't have to tell us something anyway, because you're going down for this, and I was like, well, let the procedures begin.

Speaker 2

So during cookkinity jail, I know the experience as far as getting locked up, everything takes the fan, So can you describe that?

Speaker 3

Honestly, it was just a horrific time. Man. I had no contact with my family. My wife was there when he picked me up the second time, so she vectually got a lawyer that was a family lawyer to a friend of hers.

Speaker 2

Now leading up to the actual trial, did you take a jury or a bench trial?

Speaker 3

I asked her. Feel my friends and they're like, well, I have twelve people to say my fate stood of one person. Man, I would take a jury. I would take a jury. I would take a jury. Soap On going back to court, my lawd is like, have you come to a conclusion of what you want to do? I was like, well, I think I want to take a jury, and he's like, oh no, no, no, no, no, listen, listen. We're out here in Skulky. These people out here read and see on the news all day long about gang

related murders. He's like, I think we stand a better chance of this judge. He's a good judge, and not knowing the judges background being involved in the gray Lord operation, I was think, well, you're my attorney, man, I got confidence in you, so we took a bench trial.

Speaker 2

Now you mentioned Operation gray Lord, which is perhaps even more weighty as far as judicial import even more important than this rogue detective conveyra. And for the listeners who don't know Operation gray Lord, what's the largest corruption bus in United States history? Comes straight out Cook County or

should they say Cook County, Illinois. It led to an unprecedented number of indictments against public officials that got seventeen judges, forty eight lawyers, eight cops, ten deputy sheriffs, eight court officials, and one good old legislator. Can't leave him out, Your judge was one of the many judges investigated in this sting operation. The Honorable Judge Michael Close was alleged to have taken a bride in a case not connected to

this one. But nevertheless, it was still alleged that one of these two defendants fighting a murder case and front Judge Close, Robert Bridges, paid twenty five thousand dollars so that he would obtain a not guilty verdict in his bench trial. And this Rappie John Carterlino, who also had judge close, would be conversely found guilty. So, unbeknownst to you, Jock, you're having a bench trial, so your whole life is placed in this judge's hands, who's obviously morally compromised. So, Jock,

what was presented against you? What did they actually use during the trial?

Speaker 3

The prosecution put Alando Lopez understand He was pryed up by Gevera to say that he saw it man from the back, about five ten, wearing black and gold with a gold dyed ponytail. He said that the man shot Felix and hopped into a ghettoray card that went down Spalding. When asked if he got a look at the shooter's face, he said that he only caught a glimpse of the shooter,

always looking at the back of the shooter. When asked if he could point to the shooter and cord today, he said it was me and he pointed at me. I was going crazy at that moment, you know, in my mind saying you're fucking lying man, Why are you doing this? Why are you saying that this is me? And you know, Dan wat I didn't do the shooting. Then Gevera got understand and said that when he arrested me that I had a ponytail which was dyed gold or blind in the back, which of course it never was.

And then Vera said he visited the victim, Felix Valentine in the hospital, maybe a couple of days, if not a week before he died, and that he identified me to shoot her out of a photo lineup. My defense put on Officer Lectrice, who was the officer that was

on the scene who spoke to the victim. So upon Officer Lectrich she didn't understand, the state intervened and they had a sidebar and Judge Close said, I'm only going to allow competent evidence, and so he would not allow Officer Lectererates to testify that Felix Valentine, the victim, has said that jose Rod Jugius was the one who shot him and Philip Neaviz was the one that was driving

the car. He was only allowed to say that he was on the scene and he visited the victim, and he attempted to arrest two individuals in this case, and basically that was it.

Speaker 2

So if I'm understandings, you're saying the rich who's got a dying declaration from the victim in the hospital who shot him. For some reason, this is not competent or credible evidence in his eyes, exactly.

Speaker 3

I couldn't believe it. And then my alibi was the mother of my kids, saw my atturney. He's telling me, well, they're gonna say she's biased because she's the mother of your kids. And then she went life for you. They try to say that, well, if miss Rivera was actually at home with his wife at the time of the shooting, the defense would have put her on the stand. And

my lawyer was like, we object, you're on it. We're not underneath now obligation to present a defense from the corn the hell told him that you're supposed to represent me, you know. And then my lawyer says, well, the state would have said she was biased anyways.

Speaker 2

So you found guilty. Bring us to that moment right.

Speaker 3

Then, about the closing arguments, I actually thought that Judge Clothes was gonna take some time and go back into his chambers and consider all the evidence and come back and gave his decision. But right there, understand, after the closing arguments, he said, well, I came to my conclusion and I find the defender guilty. And I was like, wait a minute, man. You know, he didn't even take ten to fifteen minutes. He just came straight down and said, I find the defender guilty, and I was just like,

oh my goodness. He went back for satan See and he gave me sixty years for the murder, for the shooting, he gave me twenty years for Wooto and the heidious, and then he gave me five for the UUW the gun which they never had. Front of all, I was worried about my family, the mother of my kids, my kids, What's going to happen to them? But I knew at that point that I had to prepare for what I was going into. I wind up in the State Real Correctional Center June of ninety.

Speaker 2

Right, I was actually there in eighty nine. So can you describe that? What's this like? What's this environment to you?

Speaker 3

Well, the only thing that saved me was the gang that I rode with. They were already waiting for me to come in. They meet you downstairs while you're in the bullpen, and they go tell the sergeant, hey, this is one of ours. Put them up there.

Speaker 2

With us because the gangs at that time they considered themselves owning the cells exactly, and the officers put the response building on the gang chiefs to keep the Indians in mind and find them a sell.

Speaker 3

So by I'm walking out seven gallery, I looked down to one gallery and I see this guy hit this officer with a baseball back boom, and I went, oh my goodness, and they put me in the cell. It was an empty cell and we went on a ninety day lockdown in the middle of June in ninety ninety five degree weather. I had no salt, no shampoo, I had nothing. And then during the second month of being on the lockdown, they sent another key up there who was just coming in and they put him in the

cell with me. So we got along pretty good, and we came out for lockdown. You know, we never even made it to the childhall. Aucers came up there, ketus out. We came out the cells and hear the gun go out, boom boom.

Speaker 2

Back on lockdown, Homie, back on lockdown.

Speaker 3

Six months of lockdown, A first entering the prison system, and it was hell, pure hell.

Speaker 2

Did you try to like study law? What was your mental process as far as how you were going to get out.

Speaker 3

Of there, well, I couldn't study nothing because we was on a lockdown. We couldn't go nowhere. Nobody really had any law books. Amazingly enough, before I left the county jail, somebody told me, listen, man, file for your notice of appeal, because you only got thirty days to do this. So I filed it in the county jail. I was telling my wife, I said, listen, I got all this time. Ain't no such a U weren't around for me, you know, just move on with your life. She said, well, let's

wait to see what happens to the appeal process. I got that dreaded letter, sorry Jacques, to infarm you that they upon the cart that denied our petition today and blah blah, blah blah. I think at that point I started to lose home.

Speaker 2

And so now you're done with your direct appeal. Do you remember, like what year this was?

Speaker 3

Ninety five, ninety six? Maybe?

Speaker 2

So how did you first hear about Northwestern Center Run for Convictions. I know they get thousands of letters every year from inmates seeking representation. They represented me, but they had told me no three times prior. Do you know what, what major case stand out to them.

Speaker 3

Actually was Detective Guervera. After losing that direct appeal and knowing well was ahead of me, I got to start reaching out to people and the lawle I buried in State villed They have a list of pro bone attorneys and law firms that would help with cases and stuff like that. So I wrote Northwestern and Katherine Crawford was one of the attorneys there who contacted me. And because we're not taking your case, were just investigating Detective Guerverra

and we just want to ask you some questions. If we should happen to come upon something, then we'll be interested in taking the case. She stated that they were trying to find the eyewitness with Alando Lopez. She goes, you know, you have a good case, but you have

a bad case. You got a good case because you was convicted on a single identification, no physical evidence, but it's a bad case because there's no evidence that's not for us to go on other than this eyewitness, and we've been trying to locate them.

Speaker 2

So then in twenty ten, with the advance of this search engine tech, Northwestern locates the only way it's against you, Orlando Lopez. It's been twenty three years since his false identification in you So what happens next?

Speaker 3

They went to his home and he answered the door and they give him their car to tell them who they was. He goes, I know who you're here for. You're here for Jacques Rivera. And according to their statement, he just kept saying, you know, this is all about redemption. He says, First of all, I didn't even know Jacques Rivera was still locked up. He goes, I don't even know what happened to the case. He needed to clear

his conscience of this, and he's got three boys. He said he couldn't look at them in the face knowing that something like this can happen to them. They asked them about nineteen eighty eight, the Phenix Volunteer shooting, and he proceeded to say what transpired that day, and he just stated that he was there and he saw somebody and detect them. Another Gavera picked them up two days

maybe three days after shooting. He was showing a lineup to identify somebody and he made no identification, and then he proceeded to saying that a couple of days later, as he's walking to school, he sees the guy who actually shot and killed Felix Valentine, and he says he knows he's the guy because he had the same pants and jacket on, and he said to himself, this is the guy who did it. It was a Jacques Rivera. But he's twelve years old. He don't know what to do.

Speaker 2

So Orlando knew what Felix knew, but none of this mattered to Detective Cavera, So how does he handle this eleven year old kid or mishandled however you want to put it.

Speaker 3

So now here we go with Detective Goavera telling him that this is the guy we believe who killed your sister's boyfriend's brother, and we need you to get this guy. We need to get him off the street so he doesn't kill nobody else. And Lando Lopez is like, you don't understand, it's not him. He said, I seen the real guy. This is not the guy. So Gevera proceeds with saying, well, this is what Felix Valentine said. Solando Lopez.

He says they weren't listening to him. He said, well, if they're not going to listen to me, and this is his testimon He said he proceeded to make the identification of me knowing that it wasn't me.

Speaker 2

So now the only witness in the case, Orlando Lopez, he recanted on record, you got also electrics. He's standing by this original identification that Felix made prior to his passing. So all you really have to get around now is whether Felix had changed his story prior to passing and made a dying declaration to Guevera to somehow implicate you, that is when and if he ever even spoke to Cavera.

Speaker 3

So now my attorneys they find the doctor that was taking care of Felix Valentine while he was set in intensive care. The doctor said it was impossible for the Felix Valenteer to identify anybody because at that stage he had stipped into a coma. So very fabricated that whole line of procedure. And when my lawyers asked for that lineup, they said, what was these not a photos? Because when you make an identification of somebody, you put that into evidence.

They could have produced the photos because it never took place.

Speaker 2

So as this evidence is coming out, how is the cook Cary State's attorney's office. How are they responding to these allegations.

Speaker 3

Darren O'Brien, who was a station's attorney, he offers me a plea deal. My attorney, he came down to Stateville to see me and she said, I know how you feel about this, but I still have to bring it to you. They offered you a plea deal. It's Wednesday, you can be home by Friday.

Speaker 2

Now you'd be surprised because a lot of people would jump on this. I know people personally have jumped on this. Myself, I wouldn't even have no talk of a plea bargain now.

I've also seen the state's attorneys when they're about to lose one of these long protracted court battles with someone locked up, start using continuance after continuance is almost like a weapon of choice, not just to wear down the resolve and get you to take a plea deal, but even wave your right to file for a certificate innocence and not come after them with any type of civil lif I built you, you know, knowing like this is out their playbook, this is what they do. They tried

to wear you down. Were you tempted at all take the plea.

Speaker 3

Deal, Absolutely not, because my heart was for the victim's family, and that's the guy on the street. What price would I pay for my freedom? So mint is something that I didn't do. And to lie to this victor's family and tell them, yeah, I killed your son, absolutely not. I said, I got twenty plus years left. If I have to go back to do this, I'd be more than happy to go back to do it with it not only a clear conscience, but with a happy heart.

Speaker 2

So from the time they brought you the plete deal, how much longer before you're actually in court on the hearing?

Speaker 3

It was about six months and then January twenty eleven, Judge Clothes retired and passed away. You know the station a China said well, we're going to keep it here in Cot County, and they appointed me a judge which was near Walsh who just came out of the Statue Attorney's office. Lando Lopez came in to testify and his testimony was, why mad to me is that I'm here today the state that that man and he pointed right at me. Jacques Vera was not the man who shoot

and killed Phoenix Vanentin back in nineteen eighty eight. And I was like, Colle lujah.

Speaker 2

So Judge nearro Wash ruled that Lopez's recantation was credible, stating that the only reason the court sees for this recantation now is a desire to correct a mistake. And she ordered a new trial for you. And then October fourth, twenty eleven, could Carrie. Prosecutors announced that they did not intend to proceed on new trial and dismiss all charges. And you were freed that day. Take me to that moment.

Speaker 3

Oh my gun, as I finally said. And it took this long to do all this, twenty three years man.

Speaker 2

So you were awarded a certificate of innocence, and you were awarded two hundred and eight thousand dollars in state compensation. And that same year you filed a lawsuit against Chicago Police detective Gavera and others for bearing evidence and pressuing witnesses that falsely identify you. In June twenty eighteen, you were awarded over seventeen million. Yes, that is amazing. How do you look back on this?

Speaker 3

I mean, for me, it's water under the bridge, although it does still affect me in some ways.

Speaker 2

Right, you're fifty six. Now this is a long ordeal.

Speaker 3

Yeah, and I'm just glad to be home with my friends, most appointly my kids, which devastated our relationship being away from them. My daughter, she was six months old. She don't even know who I am. Well. My boys, on the other hand, is different, but we still have issues. We're working at them, trying to be a family. I'm just grateful for it, only because I don't really need nothing, Patrick. I try to help other people, and that's what I'm doing.

I'm in restorative justice work now. I accept calls for guys from the prisons, anything they might need, try to hook them up with attorneys or put them involved with rafakavicious centers. I just try to do my part. You know. I know that I left behind a lot of good brothers who are innocent, and a lot of them who said they're guilty but they have remorse. But I'm not going to leave them there just like that.

Speaker 2

So if you could get the listeners to help out, to join in, what would you implore them to do.

Speaker 3

There's so many rawful conviction centers, the Exoneration Project, the Innocence Project in New York, the Center Ralfa Convictions, the Bloom Legal Clanic Kid in Chicago definitely could use some support. Some of its finance, some of it's just volunteer works. So many innocence projects that could be supported need attorneys to volunteer their time pro bono investigators, but help is always needed.

Speaker 2

We'll have links in the bio and now we go to the closing portion of our show. I want to thank the listeners and I want to thank Jason Flam for having me. I want to keep the tradition going. I want allow Jack Rivera have the last word. So I'm going to turn my mic off, turn my headphones up, and let you just say your thing.

Speaker 3

Don't ever give up, hope man. And that's not only done with Rafael convictions. That's dealing with everyday life. God is a great God, and he loves us and he cares about us. A lot of people don't realize that. I didn't realize that. I'm letting you know there is a God and he delivered me from an eighty years

sentence on a ronful conviction. I'm a part of a program called Innocent Demand Justice, just the families of loved ones are incarcrated wrongfully, and we try to show support any way that we can either by marches, protests, is going to court hearings. We know how hard it is for loved ones. Anything could happen in prison and they're scared for their loved ones. Yeah, don't ever give up hope, keep hope alive.

Speaker 1

Thank you for listening to Wrongful Conviction. I'd like to thank our production team Connor Hall, Justin Golden, Jeff Cliburn, and Kevin Wardis, with research by Lyla Robinson. The music in this production was supplied by three time OSCAR nominated composer Jay Ralph. Be sure to follow us on Instagram at Wrongful Conviction, on Facebook at Wrongful Conviction podcast, and on Twitter at wrong Conviction, as well as at Lava

for Good. On all three platforms. You can also follow me on both TikTok and Instagram at It's Jason Flam. Wrongful Conviction is the production of Lava for Good Podcasts and association with Signal Company Number one

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