#281 Maggie Freleng with Troy Burner

You know, Maggie.

Sometimes we see cases where someone's almost on the verge of being exaggerated and they die, and yet the attorneys or the innis's projects, whoevers of all the case continue the fight to prove their innocence. Many people must wonder why don't they just drop it at that point the person's gone, you.

Know, I think specifically because these people's families still exist, 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 sat there and I talked to him, and he was just hooked up to so many machines, and I whispered in his ear and said, how are you going to come back in my life? And you're just going to die on me? You can't be my husband if you die right.

From love of for good, this wrongful conviction with Maggie Freeling today Troy Berner. On April twenty first, nineteen ninety, twenty seven 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.

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 able to find nobody to say I had nothing to do with it. So you know, I held on to that, you know, that belief on don't where they say the truth that you're free.

My name is Troy Burner.

I was wrongly convicted, serving twenty four years, eight months and twenty two days.

Troy Burner was born in Southeast Washington, d C. On August thirtieth, nineteen seventy.

Two, to Janie Berner and Janie Burner.

Know that's a joke that I do because I say my mother is my father.

But oh, Clarence avel.

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 gym with me and he was like, man, I remember when you was in there and you was spawned with such and such, you was doing this man, we were so happy.

We was jumping around. Well.

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 he is, you know, I mean, he might be like you say, I'm funny, you know, like where you think I get it from, you know, 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 little kid and I would get excited, you know, ears sticking out, little ears sticking out, socks up to here. It's like, oh, here, 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 ear is stuck out from my head if you didn't say that.

Seri'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 did get together. My mom being a single mom, they kind of kept us, you know, close together.

You know.

Happenmstance 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 ged 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 doing and would have liked to have further. You know that again, that was one of the things, like I said in hindsight, you know, that would definitely have been something that I could have went on and done further. Unfortunately, I'm a I'm a man of many unfulfilled dreams.

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 time, man, that there was so many things that I could have done, and you know, the opportunities was taken from me.

Justin 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 twenty first, nineteen ninety, Michael Wilson and Joseph Kinnard, both twenty seven, were walking down Fifteenth 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

Well, my co defenders I know him, and that was essentially you know how I got, you know, swept up into the victim itself.

I didn't know.

Well, for all respect, do God blessed 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

You know, it was a particular time in DC and they have all these collaborative law enforcement investigations going on, and they trying to close all these cold cases, and this case came up.

On March fifteenth, nineteen ninety three, 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 Brackmoort. At this point, Troy had

What are you thinking, like, you have everything going for you, you have a great life, You're making moves, and now suddenly you're in the middle of a murder and you are charged with this murder.

Well, initially, you know, I really didn't.

I really didn't have any thoughts on it because you know, my whole thing was, you know, I didn't have nothing to do with it, so you know, and they not gonna beb to find nobody to say I had nothing to do with it.

So you know, I hailed on to that.

You know that belief on't where they say the truth sessue 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 Payton 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

Guy came down, you know from another institution, you know, somebody from DC, and he was like, man, I was out talking to this dude and he was like, man, he said, he think he got something that belonged 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 on the yard, on the reck yard, and we walked on the yard and the dude pulled out a payment said he said, I think this you. He said, because since I've been here, I've been hearing your name. He said, I think this you. And it was AffA David from Answan.

Peyton Antoine Peyton, the state 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 twenty fifteen, without the help of a lawyer,

You know, Troy had done a lot of work on his case and presented some new evidence to us that got us interested and had us dig deeper.

This is Francis Walters. She's the 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. Francis 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, 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 did, and so he said, you know what, I'm just going to 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 Troy's Andcartridge 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. So all those pieces of evidence we brought to the court.

In twenty seventeen, Maip, along with attorneys Seth Rosenthal and Laurence stock Smith from the law firm Venable, LP, filed a new motion in twenty eighteen. They were granted an evidence. You're hearing.

So it's Monday Tuesday. So Lou testified, Rick testified, to 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 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 flashed back was, you know, the little boy with earsticking out, and I lugged and I said, that's Troy.

Burner And I ran.

Over there and he gave me a hug and he was like, little Cherie, 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 the women they were kids. A romance soon developed and they were inseparable. So what happened next?

Yeah, so he was on parole and and then Troy got really, really sick, and.

That was.

Scary for everyone, thinking that he could die. Before even having a decision in his innocence case.

In twenty nineteen, Troy was diagnosed with the flu and pneumonia. His condition was so bad it looked like he might not make it.

Yeah, they put me in a comb expired wife.

And 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, calm down, he's back. They brought him back. And you know, I was like, man, don't do that, you know, don't call me right away and say they lost him. But yes, so 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.

He's just resting. Go talk to him.

And I whispered in his ear. I said, how are you going to come back in my life? And they're just going to die on me. You can't be my husband if you die, right, and.

So get his eyes just pop open right then?

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 going to be my wife.

And I said, well, you must have heard what I said to you then, huh, And he was just kind of looking at me, like, what are you talking about. Later, I said, you know said 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 twenty second, twenty twenty, he left rehab, but he didn't have to wait long to hear the news he had been waiting for.

I desgonerated in March twenty six, just four.

Days after he finished rehab, when we weren't sure he was going to make it.

Wow, at forty eight years old, Troy was a free man. Today, Troy is 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

So what are what are y'all's plans hope streams for the future.

Well, I have four children from a previous marriage that they've all adopted him.

So he is Polish. How's that?

Oh gosh, he's like the ultimate stepdad and pop pop. So we you know, we have seven grandkids.

Oh, boys, you better not do it all boys.

You know you're still very young to like you're young.

You're forty?

What this big fifty this year?

Wow?

Fifty this year? Okay, I might party all fifty states? Is city near you? Where you're at?

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 the rehabb he said, you know, you're a miracle. You're not supposed to be here. And I told him, essentially that he was a damn lie.

You know, God said otherwise wasn't my time.

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 else I can do. And being here and 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 pour 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.

Next time on wrongful conviction with Maggie Freeling, Marnie 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 Flahm and Kevin Wurtis, as well as our senior producer Annie Chelsea, researcher Lila Robinson, story editor Sonya Paul, with additional production by Jeff Cliburn and Connor Hall. The music in this production is by three time OSCAR nominated composer Jay Rowel.