#281 Maggie Freleng with Troy Burner

at that point that the person is gone. You know, I think specifically because these people's families still exist, and and they're still around, and there's generations of kids and grandkids that want to have justice for their loved one and for themselves. So I think it's it's really important to make sure that all of these wrongs are righted. You know, As I said, there and I talked to him, and he was just hooked up to so many machines, and and I whispered in his ear and said, how

are you going to come back in my life? And then you're just gonna die on me. You can't be my husband if you die right from love of for good. This his wrongful conviction with Maggie Freeley today Troy Burner. On April, year old Michael Wilson was walking with his friend Joseph Kinnard when two masked gunmen suddenly ambushed them. Joseph fled unharmed, but Michael was shot at least six times.

He passed away days later in the hospital. Although Michael named his attackers before he died, investigators were somehow at a loss and the case went cold for three years. But in the years following the crime, things heated up when police arrested multiple men looking to strike deals in exchange for lighter sentences. Troy Burner's name was dragged into this process. Eventually, among various conflicting statements, Troy was named as one of the people present at Michael Wilson's shooting,

ready to go with a gun in his hands. Troy was a good kid with an impressive job a radiology aid at George Washington University Hospital, and he had an alibi for the time of the shooting. But Troy's career and life trajectory unfortunately came to a quick halt when his name got caught up in an elaborate murder plot.

You know, my whole thing was, you know, I didn't have nothing to do with it, so you know, and they're not gonna be to find nobody to say I had nothing to do with it, So you know I held onto that, you know that belief where they say the truth sets you free. My name is Troy Burner. I was wrongly convicted, serving twenty four years, eight months in twenty two days. Troy Burner was born in Southeast Washington, d C. On August nineteen seventy two. Two um Janice

Burner and Janice Burner. No, that's a joke. That did I do? Because I say my mother is my father. But oh uh, Clarence Arvio Smell, So were your parents not together? Didn't know? They know they were. I was raised by my mom and my two grandmothers. Troy is the oldest of five siblings. He says in many ways he was like a father figure even within his extended family. As a teen, Troy got into boxing and would bring his pack of siblings, cousins, nieces, and nephews to his matches.

He remembers the times they all hung out, and especially remembers his cousin Carlos. You know, I used to take him to the jail with me and he was like, man, I remember when you was in there and you were spawned with such a session he was doing this. Man, we were so happy. We was jumping around. I remember when you know, I came to your fight and you know,

and things of that nation. You know, we might just be talking and I'd be just telling him how funny is you know, he might be like, you say, I'm funny, you know, like where you think I get it from? You know, and and and really it don't come from me. But you know, just the fact that you know, we think enough for me to say that, it means a great deal. Troy also had a lot of neighborhood friends. I remember saying this a little kid, and I would

get excited. You know, you're sticking out a little ears, sticking out socks up there here. And I was like, oh, come, Troy. You know this is Shari. She grew up with Troy. You didn't have to say that. There's no way that she would have known that my ears stuck out from my head if you didn't say that. Shary's mom and Troy's mom were friends as children. You know, we played together. We were you know, even back then, we were we were really close. Our parents thinking together, my mom being

a single mom. They kind of kept us, you know, close together. You know, have him stance and you know, circumstances in life. We grew and he went one way. I went one way. At sixteen, Troy dropped out of school, but he wasn't done with his education. He got his g e d. Before his class graduated and went on to become a radiology aid at George Washington University Hospital. There were a lot of things that you know, I

was done and would have liked to have further. Um. You know that again, that was one of the things, like I said in hindsight, you know, that would definitely have been um something that I could have went on and down further. Unfortunately, I'm a I'm a man of many of fulfill dreames. Not long after he started his radiology job, when he was only seventeen, Troy was pulled into the criminal legal system and his dreams were shattered.

You know, I just think, you know, there was a particular to M man that there was so many things that I could have done, and you know, Robertson was taken from me. M just a heads up, there are a lot of names to keep track of with this story, so pay careful attention. Shortly after nine pm on April, Michael Wilson and Joseph Kinnard both seven. We're walking down street in Washington, d C. They had just met up

with Michael's girlfriend, Jerry, her brother, and their friend. The trio left Michael and Joseph and got in their car to leave. They had only driven half a block before they heard gunfire. The shots were from two masked gunmen who all of a sudden were ambushing Michael and Joseph. Joseph fled unharmed, but Michael was shot at least six times in the back as he was trying to escape. At the hospital, he was fortunately able to tell his

girlfriend Jerry who shot him. On a piece of paper, he wrote the names Louis and Little Rick, but that was all she would get. On May eight, Michael succumbed to his wounds and passed away in the hospital. Although Michael gave the names of his attackers, investigators didn't follow up on these leads, and the case went cold for almost three years. But things started to shift when police arrested a man named Antonio Johnson. He was busted with an oozy and other guns, as well as five hundred

grams of crap cocaine. Facing serious charges, he agreed to cooperate with the prosecution and became an informant. Johnson eventually wound up helping prosecutors in more than three dozen cases and earning quite a bit of money in exchange. About a year later, in after he had already agreed to cooperate with the police, Johnson implicated for people in the shooting of Michael Wilson, Louis lou McCoy and Rick Harrod, the two men who Michael named before he died, as

well as Frank Brackmoort and Troy Burner. However, Johnson clarified that Troy did not fire his gun. Did you know the people involved in this crime? Were you familiar with any of them? Um? Well, my co defend is a norm and and and that was essentially you know how I got, you know, swept up until the victim itself, I didn't know. Um well, I for all respect do God bless the day. I mean, it's not possible if you walked in my face right now, I wouldn't know

who he was. About four months later, a man named Antoine Peyton was arrested for a murder that took place a few months before Michael Wilson's and only two blocks away from where Wilson was shot, and when he was arrested for that murder, Peyton was actually already in prison for two drug convictions. To avoid more charges, Peyton started giving information in the Michael Wilson case, and he ended up giving the same names that Johnson did, lou Rick, Brackmoort,

and Troy. Eventually, Peyton was offered a plea deal to confess to his murder case for a lesser charge. The deal was he had to give a statement and testify at the Michael Wilson murder trial. Peyton agreed. You know, it was a ticket the time in d C. And they have all these collaborative law enforcement UM investigations going on, and they're trying to cause all these cold cases. And

this case came up. On March fifteenth, almost exactly three years after Michael Wilson's death, a grand jury investigation into his murder began. The important thing about this, though, was that Troy was not named as a subject of the investigation, only lou Rick and brackmoret At this point, Troy had not been named by the government at all. Initially, Peyton had told police that he didn't witness the shooting, but

in front of the grand jury. He testified that he knew about the plant had on Michael and that he drove to the scene and parked in an alley to watch. Peyton said he saw lou and Rick chased down Michael and shoot him, and that Troy was not there. He said that after the shooting, they all went to Brackmot's apartment, including Troy. Everyone was angry at Troy for not showing up at the scene, and according to Peyton, Troy said

he didn't participate because there would have been crossfire. A grand jeur followed up with a question, jen why would Troy have been afraid of the crossfire, and Peyton changed his story again. He replied that Troy actually was at the scene of the crime, but that he didn't have a gun or do anything. This was the first time Peyton actually placed Troy at the scene, and it sealed

Troy's fate. In April, the grand jury indicted all four men, lou Rick, Brackmoort, and Troy, and charges a first degree murder. So when you get charged, what are you thinking? Like? You have everything going for you, you have a great life, You're you're making moves and now suddenly you're in the middle of a murder and you are charged with this murder. Well, um, initially,

you know I really didn't. I really didn't have any thoughts on it because you know, my whole thing was, um, you know, I didn't have nothing to do with it, so you know, and they're not gonna be the final body to say I had not to do with it. So you know, I held on too of that, you know, that belief where they say the true set you free.

The trial against the men started a year later. The judge who oversaw the trial, Judge John H. Suda, denied a request by Troy's attorney to have him tried separately from his co defendants. At the trial, Antoine Peyton testified again and gave yet another story on what exactly happened the night of the shooting and the days leading up to it. In this version, he said he saw Troy

with a gun in his hands. Antonio Johnson, the first informant, also testified that he heard blackmoret Bragg about ordering the other guys to shoot, but that Troy didn't do so because his gun was jammed. And Michael Wilson's girlfriend and her brother also testified during the trial. They said they

only saw two attackers. Even with contradiction after contradiction by the state's witnesses, the case against Troy and his co defendants was enough for the jury, and just over four years after the murder of Michael Wilson, all four men were convicted of first degree murder. Troy was sentenced to thirty years to life, the longest sentence of them all. This episode is underwritten by a i G, a leading

global insurance company. A i G is committed to corporate social responsibility and to 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 a i g s commitment to criminal and social justice reform, the a i G pro Bono Program provides free legal services and other support to underrepresented communities and individual wills. Troy

entered prison when he was twenty one years old. A few years went by, and then one day in two thousand nine, Troy was approached by a new arrival at the prison. Um My guy came down, you know from another institution, you know, somebody from d C. And he was like, man, I was out talking to this dude, and then he was like, man, he said, you think he got something that belone to you. Troy had no idea what it was, so he made a point to

meet this person. So, you know, we set up a time to meet the guy out the yard on the rack yard and we walked on the yard and dude pulled out the payment said, he said, I think that you. He said, because since I've been here, I've been here your name. He said, I think this you. And it was after David from Antoine Peyton. Antoine Peyton, the state's star witness in Troy's trial, had recanted. In the signed affidavit, Peyton admitted he lied about being at the scene of

the crime and lied about Troy being there. Troy now had something he could use to help prove his innocence, so he got to work. For the next six years, Troy read up on law and in without the help of a lawyer, filed a motion for innocence. The petition included Peyton's recantation, as well as an affidavit from Rick Karad saying that only he and lou chased and shot the victims. Troy was not with them. This new account by Rick was exactly what Michael had expressed in the

first place. Also, by this time, Antonio Johnson had admitted that the prosecutors essentially told him what to say at trial, but the motion was denied. Troy then reached out to the mid Atlantic Innocence Project or m a i P. You know, Troy had done a lot of work on his case, presented some new evidence to us that got us interested, and um had us dig deeper. This is

Francis Walters. She's a former legal director of the Mid Atlantic Innocence Project and is now an attorney advisor at the Department of Justice Office of the Pardon Attorney for Incis was Troy's post conviction attorney. What stood out in Troy's case was that there was very minimal evidence of any involvement in the crime. Uh and it's pretty unusual to have someone convicted on such minimal evidence and then to have this recantation. It really it wasn't hard to

come to the conclusion that Troy was innocent. Troy's team went out and confirmed the recantation from Peyton. They also discovered more information about him. One of the things that had happened was Peyton said in an affidavit that he had expected Troy to help him out in one of his own cases, and he got angry when Troy in and so he said, you know what, I'm just gonna throw him in there. Remember Peyton had made a deal with the police to testify for leniency in his own

murder case. We found like an FBI memo that said he was like the most prolific confidential informant they had ever used. The team continued to investigate Troy's conviction and they uncovered some alibi witnesses who could help clear his name. A couple of people who were from the neighborhood where the shooting took place. They learned about Troys and car Strage and many years later, and when they learned about it,

they said, what Troy was playing dice with us? Again, not someone who was close to Troy, And he said, but we were all from this laundry room and we were all playing dice together, and so he couldn't have been there. Um, So all those pieces of evidence we brought to the court in m A I P. Along with Attorney Seth Rosenthal and Lawrence stock Smith from the law from Venable LLP filed a new motion. They were granted an evidence. You're hearing, says Monday, Tuesday. Soalu testified,

Rick testified, Two alibi witnesses testified. Usually a judge takes weeks or months to rule, but in this case, it only took a week. The court had called us back because he was ready to resentence Troy to time served and let him be released from incarceration. At that point, it was an amazing day. I mean, we thought it would happen, but you just never know. And so um, that was pretty special that the judge did that the very week that we presented all the evidence of innocence.

Although Troy was released on time served, he was still not exonerated at this point, but he continued to work on his innocence claim while out and about enjoying life. One night he was out at a club. I looked up and I just saw him walking through the club, and you know, in my mind, the first thing that the flashback was, you know, a little boy with ears sticking out. And I looked then I said, that's Troy Bernard.

And I ran over there and he gave me a hug, and he was like little Shari, You're back, and I'm like, where you been? And he's like, you didn't know? I said, well, I know some, but you know, not everything. Over the years, Troy and Shari's mothers had stayed in touch, and so Shari had heard little bits here and there about Troy's situation. He you know, he sat down and we talked, and

he explained and told me everything that happened. From that point forward, Shari says she and Troy became close again like they were when they were kids. A romance soon developed and they were inseparable. So what happened next, Yeah, so he was on parole um and and then Troy got really really sick um and that was scary for everyone, um, thinking that he could die. Before even having a decision in his innocence case in Troy was diagnosed with the

flu and pneumonia. His condition was so bad it looked like he might not make it. Yeah, they put him in a comb expatchwife. His mom she called me and she she woke me up one night and she said they lost him, and I think I panicked and she said, baby, calmed down, he's back. They brought him back, and you know, and I was like, my, don't do that, you know, don't call me right away and say they lost them. But yes, she called, and she said, well, she said,

I just want you to know. She said, he's back, you know, just get up there and go see him. You know. So I sat there and I talked to him, and he was just hooked up to so many machines, and you know, it was just kind of hard to look at him for a little bit. But then I just I remember leaning over and whispering in his ear because she said, you know, just go talk to him. You know, he could hear you. He's just resting. Go

talk to him. And I whispered in his ear, and I said, how are you going to come back in my life? And then you're just gonna die on me? You can't be my husband if you die right and get his eyes just now, you know, that would have that would have been yeah, that would have been a story, you know, but surely you know, about a month or so after that, his mom she called me and she was just he's back. Troy was put in rehab and Shari went to see him there. You know, he just

gave me the biggest hug and he told me. He was like, you know you're gonna be my wife. And I said, well, you must have heard what I said to you, man, huh. And he was just kind of looking at me, like what are you talking about. Later, I said, you know, so I whispered in your ear. You know you must have heard what I said too. Troy was alive and with his love, but he was still a prisoner of the state working on his innocence claim. On March, he left rehab, but he didn't have to

wait long to hear the news he had been waiting for. Um, I'm designerated, just four days after he finished rehab UM when we weren't sure he was going to make it. At forty eight years old, Troy was a freeman. Today, Troy's an associate with the Justice Policy Institute, helping others

who have been wrongfully convicted. He's also involved with other organizations that help people caught up in the criminal legal system, including the organization Changing Perceptions, which helps formally incarcerated people adjust to life outside prison. Troy has published multiple articles about the criminal legal system as well. A March, exactly one year from his exoneration, Troy and Sharik got married so what are what are y'all's plans hope streams for

the future. Well, I have four four children from a previous marriage that they've all adopted him. So he is Oh gosh, he's like the ultimate stepdad and pop pop. So we you know, we have um seven grandkids. Oh all boys, you know, say you're still very young to be like you're young, You're forty what this big fifty this year? This year? Okay, I might party all fifty states and city near you were you at uh? As For Troy, he feels like he's been given a whole

new chance at life. Well, you just heard the story, you know about me being sick and the doctor told me, you know, when I got to there, rehappy said, you know, you you a miracle. You're not supposed to be here. And I told him essentially that he was a damn lie.

You know, God said other wives. Wasn't my time? Um And even without that, you know, I had to settle my emotions down and find some acceptance and understanding what happened, because if I didn't, my emotions would have took you know, control, and just try to continue life and find you know, that opportunity to see society again, otherwise I would have

been lost. Comes to the point, man, where it just you know, it had to be accepted, you know, to move on, because otherwise there's nothing melts I can do and be have an opportunity, you know, to speak with you and share my story and my understanding and also you know, on my every day, you know, with my work. You know, I just try to pull my efforts into that, and somehow I come to the realization that that would allow me to make some sense out of all of this.

M m M. Next time Unwrongful Conviction with Maggie Freeling Martie Yang. There was nobody that could help me at that point. My parents couldn't help, my attorney couldn't seem to protect us. I couldn't go to the police. They were the ones that were terrorizing us. I had just decided I'm just going to tell them whatever they want to hear. Thank you for listening to Wrongful Conviction with

Maggie Freeling. Please support your local innocence organizations and go to the links in our bio to see how you can help. I'd like to thank our executive producers, Jason Flam and Kevin Wordis as well as our senior producer, Annie Chelsea, researcher Lila Robinson, story editor Sonya Paul, with additional production by Jeff Cleburne and Connor Hall. The music in this production is by three time OSCAR nominated composer

Jay Row. Be sure to follow us on Instagram at Wrongful Conviction, on Facebook at Wrongful Conviction Podcast, and on Twitter at Wrongful Conviction, as well as at Lava for Good. On all three platforms, you can also follow me on both Instagram and Twitter at Maggie Freeling. Wrongful Conviction with Maggie Freeling is a production of Lava for Good Podcasts in association with Signal Company Number one