On August sixth, nineteen ninety three, shots were fired in front of bodega in East New York, Brooklyn. One young man named Ray Frasier survived, while his friend, Devon Brown did not. Eventually, two alleged witnesses gave police a suspect, someone nicknamed Guns. On August thirtieth, a car was pulled over and two guns were found inside, along with a man who had an outstanding arrest warrant. His name was
Frederick Willie Curse and his nickname was Guns. Even though Frederick claimed to have been in Boston on the day and time of the crime, he was identified by two alleged witnesses and a gun from the car was said to have matched ballistics from the crime scene. But this is wrongful conviction. Wrongful conviction has always given voice to people in prison, and now we're expanding that voice to you.
Call us at eight three, three, two oh seven four six sixty six and tell us how these stories make you feel and what you've done to help the cause, even if it's something as simple as telling a friend or sharing on social media. We've really appreciated hearing from our audience so much so that we've included one of the messages at the end of this episode, so stick around for that and if you have something to say, we definitely want to hear it, and you might just
hear yourself in a future episode. Call us A three three, two oh seven, four six sixty six. Welcome back to Wrongful Conviction. Today's case comes from an era when wrongful convictions were just an everyday occurrence in the borough of Brooklyn, East New York, specifically the Torrius seventy Precinct in New York City. And with us to tell it is the man himself, Frederick Willie Curse, who lived through this nightmare. Frederick,
I appreciate you being here. I know you know a lot of guys who've been on the show already, and we need to continue to paint this picture of what was going on in Brooklyn in the nineties. So thanks for being here and sharing your story.
Thank you for having me.
And with him is his civil rights attorney Mark Cannon of Bell, doc Levigne and Hoffman. Mark. I think it's your first time on the show, so welcome.
Thank you.
By the way, while we're on the subject of the seventy fifth Precinct, this is not hyperbole to say they were one of the most corrupt in history. In fact, there's even a movie about them called The Seven Five that was released in twenty fourteen. So I encourage people to watch the movie to get some context on what was going on back then and why Frederick was doomed from the beginning.
That's exactly right. And it was all about out closing cases back then. And you talked about the early nineties and the crack epidemic. But you know, Michael Race, who was a detective sergeant at the precinct around that time, admitted that over the seven hundred and fifty murder investigations that he supervised at the seventy fifth Precinct, only one was done correctly.
Incredible. I mean, they were playing by their own set of rules, to say the least, and framing somebody was nothing to them. So, Frederick, before you got hit by this tornado of the seventy fifth Precinct, what was your life like? Did you grow up in Brooklyn?
Yes, I was born and raised in East New York, Brooklyn. Several years later I moved to bethhor Stuyvesant, the Massy Houses, and my family lived in Eastern York. So I used to always go and chill out with them over the summer and spend time with them over there, and I really played a lot of basketball and just tried to find my way through school. You know, I really didn't grab hold of the academic process when I was young
for numerous reasons. I think one of the ones was how terrible the public schools were and weren't able to reach.
Me where I was at.
Unfortunately, later on in life, while I was incarcerated, I found out that, you know, the way that I was so competitive in basketball, that I was able to apply that with anything that I can do. So that later propelled me to go and earn my ged and go to Bard College and you know, graduate from there.
So it's sad to think of what could have been had Frederick not come of age during the crack epidemic in a historically poor area of New York where he was hustling in the streets, leading to a few related charges which he escaped by going on the lamb to Boston.
Yes, I had a few drug chargers and a weapon charge. You know, this is where my level of thinking was. I was, you know, not understanding that the same energy I put into the streets and thinking negative, I could have did something positive. So that's how I was up
in Massachusetts. And unfortunately, being caught up in crime can lead to being wrongfully convicted and accused of other things, you know, which is something I couldn't fathom because my mind didn't expand that far at the time, and I didn't understand the risks once you get into any type of crimewal activity. So you know, that's how the massachusettstate coming to play. But it helped in the case because I had an alibi.
Frederick was in Boston on August sixth, nineteen ninety three, when a drive by shooting occurred in East New York, Brooklyn. Nine one one calls reported a buick century that had been traveling north on Ashred Street and made a wide left turn onto Dumont Avenue, pulling up to a bodega on the northeast corner, and more than ten shots were fired,
striking two young men. Ray Frasier was hitting the legs and survived, while Devon Brown was fatally shot in the torso and the vehicle finished the left turn fleeing west on Dumont. EMTs responded and took the victims to Brookdale Hospital, where Devon was pronounced dead.
So police showed up pretty quickly and they immediately started canvassing for witnesses. Unsurprisingly, even though this was during the daytime in a somewhat populated neighborhood, there were no witnesses. Nobody wanted to talk to the police, you know, because that's generally not something people did. They send officers to the hospital. They talked to Ray. Ray says he couldn't see who shot at him, has no idea, doesn't know why they wanted to shoot him. And they talked to
two women who we now know. One woman who is Devon's girlfriend at the time, Yolanda Pandler, also known as Barbara Garth. She told the officers that she was at Devon's house, which was about a half blocked down from the corner of Asher in Dumont. She heard shots fired and you know, saw people running, and she saw the car turn the corner, but she didn't see anything. They talked to Ray's girlfriend, he's also at the hospital. She
pretty much sees the same things. The car turned a corner, it's a green car, and that's about the only information she's able to provide.
Another witness, Greg Maloney, had a similar initial account since he was also in front of Devon's house five point fifty five Asherd Street, which was about a football fields length north of the corner. Either of these witnesses could have made a reliable ID from that distance, leaving the police with little to go on. Meanwhile, Devon's family and friends had their own ideas about who the shooter was.
One of the names that kept coming up was this person known as Guns because Guns and Devon's supposedly they had known each other and been friendly at one point, but the relationships supposedly went sour, and that's what people suspected. So the police pick up the rumor that people think Guns did it, and Greg Maloney, he actually was probably pointed out to the police by members of Devon's family because people knew he was kind of a pushover. The police go to him, they ask him, do you know
who Guns is? He's like, yeah, I know who Guns is. Did you see who did shooting?
No?
In the coughs tell them, well, if you saw the shooter, you saw Guns. Because at that point they were going to take the position that Guns was the person who did it. Although even though they didn't have a witness, and they give him a story about why Guns is a bad person, and they think he's involved in other misconduct that's going on in the neighborhood, and you know, they want to make an example of him. They wanted to get him up the street. They didn't have to
hold anything specific over his head. They basically threatened that they would arrest him and he would be deported, trying to pressure Greg into helping him. Greg eventually gives a statement basically describes what he saw, but he places Guns as the shooter, even though he didn't actually see that.
Unfortunately, this important context around Greg Maloney, as well as the initial police reports from the interviews at the hospital with Barbara Garth, were not discovered until the reinvestigation of this case and Maloney's eventual recantation. But back in nineteen ninety three, Greg Maloney and Barbara Garth were convinced to give statements identifying the shooter as a guy nicknamed Guns, which coincidentally was very similar to Frederick's nickname.
My name is Guns, so you and ce It always got misinterpreted as Guns, but you know, there was other people in the neighborhood also known as guns, So you know, that's what they used to call me and I on fortunately never really corrected it as being guns instead of guns.
So where does guns come from?
Well, you know, in the South.
My grandmother gave me that name, so I never really asked her what it meant, you know, question, Grandma, did you just go with the nickname and be thankful that she holds you on a specially little nickname category.
While the police were focused on the guns rumor, Frederick came back into town from Boston on August thirtieth to visit with family, traveling with three others in a white convertible with Massachusetts plates, and it appears that they were pulled over without any cause.
What I suspect is that they profiled the card is convertible with Massachusetts plates. Two women in the front, two guys in the back.
Unfortunately, two people who are carrying weapons. I didn't have no WEP anything.
On me, and so the two women, one of whom was a former parole officer who had ability to have the gun on her, and this other woman who I don't know, but you know, they pulled the car over. There's people with guns on it.
So they ran everyone's IDs, which revealed Frederick's outstanding arrest.
When he's being brought to the precinct, there's another woman there, Darlene Cook. She recognizes Frederick and says, hey guns. And when she did that, obviously the detectives realized this is the person who they'd been hearing about the name that they'd been looking for.
And since it appears that this stop and search was done without cause but had turned up these weapons and arrest warrant, the police were in a little bit of a civil rights pickle.
I think they profiled the car they stopped and then created the justification. Afterwards, they got this person, Darlene Cook, to say, this convertible with Massachusetts plates pointed a gun at me and threatened me. That's what I suspect.
It's quite strange that charges related to those allegations from Darlene Cook never materialized. However, Frederick was already facing plenty, starting with the prior charges that he evaded by moving to Boston.
I take full responsibility for my actions dealing with that. I ended up getting sentenced to two one to three years sentences running consecutively, which was two to six years far as in this case. I had no idea that I was even a suspect until I got to the precinct. You know, then they put me in a lineup and told me everything.
By this time, police had found another witness named Carmen Torado, who, unlike Barbara Garth and Greg Maloney, had said that she could reliably identify the shooter. Yet during this lineup, Torodo identified someone else, while Garth and Maloney idd Frederick, who was now facing murder and attempted murder while serving two to six years for his priors.
So I ended up going back and forth from Rackets backup state fighting the murder charge here from ninety three to nineteen ninety five. Like every time, if they post formed my court date for like any more than two weeks, they would send me back up.
State and I'll be going back and forth.
You know, I had no real communication with my attorney, you know, he would not come visit me. I felt like I would get off only because I know I didn't do it.
That's all that was on my mind. You know.
It was so much violence, Multiple people were getting killed and stabbed. Rack because I seen so many horrific situations myself have to add I did get cut on Rockets Island too.
Be honest, I don't know how I got through it.
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While communication was strained with his assigned counsel, Stephen Chakin, they were able to find one of his roommates outside Boston to testify on his behalf at trial in nineteen ninety five.
Here's how to alibi witness a woman he was living with. It was actually Springfield, Massachusetts at the time. She didn't remember the exact day, but testified how they lived together and usually had dinner together during that time.
It was a lot of things that couldn't be recalled from her with the timings and all that, I think got misconstrued and made it a little bit more harder for the jury in a court to believe that I was not actually in New York when his crime happened. That's basically all I had was the alibi, and I thought that's really all I needed, but that.
Was not enough to counteract to other evidence against him.
The state presented Barbara Garth and Craig Maloney, whose testimonies were stark departure from their initial statements in which they could not make an id, but now they were both certain that Frederick was the shooter.
Greg described this car slowly coming down Ashford and around Dumont, where somebody came out of the car and started shooting, whereas Barbara Garth had a much more dramatic story and she claims she saw Kierris driving the car before the shooting, and then she claims she was coming down Dumont, approaching Devon and Ray as they came out of this bodega and she was waving to them, and all of a sudden she sees this car with Kars in. It comes
around and actually runs sint to Ray. She says, it knocks him onto the sidewalk, and then she says Kirs comes out and starts shooting at Devon and Ray before taking off. And then she claimed she runs to Devon and you know, says I love you, and he says I love you, and he squeezes her hand and his eyes roll over.
Barbara Garth also testified that even though she allegedly already knew it was Frederick, while Devon Brown was dying in her arms, she claimed to have asked him if he knew who had shot him quote, to see if he would lie end quote, which sounds just like cop logic to establish an id untainted by suggestion, not the logic of assumed to be grief stricken girlfriend. Either way, Barbara Garth was completely absent from Greg Maloney's version of events, which is a jarring inconsistency.
Even though they had these inconsistent stories, they also had the gun that was recovered from the woman who was driving the car that Cures got picked up in a month later, August thirtieth. It's a ballistics expert testify that
he examined the ballistics evidence. The ammunition casings recovered from the crime scene compared to two a bullet shot out of the gun recovered from this woman who was driving a car that CIRs was in on August thirtieth, and they said it's the same gun, and Curius's defense counsel he didn't challenge that claim.
You can listen to our coverage of ballistics evidence on Wromful Conviction Junk Science, in which you'll find that the ballistics analysis can really only be useful in ruling out a weapon, but you can not identify a weapon to the exclusion of all others. That's exactly what was done here.
The nypdalistics expert testified that scientifically it was a perfect match, and that's impossible. My impression is that the defense council didn't even look at the ballistics evidence. The only thing he did to challenge it was to say, well, maybe the bullets were there before the shooting, which of course is not a strong defense.
And the jury goes out, how long did they.
Deliberate for wow?
I think for like a day and a half because I had to come back, and it was a lot of readbacks with them asking for clarification with certain contradictions that was with the witness's statements.
And by the way, more power to them, because after two or three weeks of a bunch of bullshit, it wouldn't have been surprising to me if you would have said they deliberated for an hour, came back and said guilty and now we're going home. That's not what they did. So they had questions, they had doubts, but ultimately they sentenced you to twenty years to life for the murder, eight and the third years to twenty five for attempted murder, five to fifteen for the possession of the weapon, and
two in a third to seven for the assault. All three served consecutively to the twenty of their life.
You know, my family was in the courtroom when they came back with a guilty verdict, and I can still hear my sister screaming inside the courtroom, and to me, everything seemed like the courtroom just was drinking. You know, I just wanted to get out of there. It felt like everything was collapsing on me and I couldn't really believe it. That's just something that continuously to this day I go through as I think about those moments at a fourth and fifth grade reading level at the time.
So that was very hard for me, and I think kind of maybe prolong my stay in prison because after I did get educated, I put my bunk, so to speak, inside the law library and started studying and writing everybody in the country for assistance.
So you put your buff inside the law library. I never heard that before.
That's what we used to say, like you live in a law library when you're trying to get some type of resolve. So I just was there every day in so many where I was just trying to say that.
So who somebody must have helped you because you come in there, you know you have a fourth fifth grade reading level. Did you have a mentor in there who was able to help you persevere and find a way out of this mess?
Yes, I had quite a few people that, and I used to work in a messoor. So was this brother there by the name of Alame and he was very good at the law and he used to help me a lot. And I think that's what he taught me most, just to write and how to write the cause for a request or whatever, try to get some type of corresponse going on with the attorney mister Chakin that never wrote me back in the whole twenty eight years. But yes,
I had a lot of help in that regard. But the amost hope I got was just understand that I didn't do the crime and that I was not going to stop until I got some type of answers. Fortunately I ended up in a prison, Kaksaki Correction facility. And again the name gun Sa was my gift at this point because someone was in a few sales down for me. They heard the name, and then they were the porter on the block and came out and started asking me
who I am, where I'm from. And long story short, that person knew the witness that testified against me.
And this man's name is Gavin Johnson.
So Gavin Johnson lived a couple of houses down from Devon Brown and he was actually at home on Ashfrid Street at the time of the murders. He recalled hearing the shooting and then running outside and running up the street to see what happened and seeing that Devon got shot.
So when he came across Frederick in Koksaki. He was shocked to find out that one of the witnesses he testified against him was Greg Maloney because he knew that Greg Maloney had never said anything about knowing who the murderer was of Devon Brown.
And after that, you know, he just was really willing to try to get alone to talk to my lawyer.
First, well, the witness, Greg Bloney didn't want to get in trouble himself and say, you know, I perjured myself at trial, and he wanted to wait for the statue limitations to run out. When that finally happened and Frederick finally got Craig to give him a statement in two thousand, he immediately gets I think it was a legal aid lawyer involved to try to help him with the four forty And that whole process ends up taking several more years while the lawyer's trying to develop the case and
they don't think this one recantation is enough. They think they need the other witness to recant as well. It's not till two thousand and seven that Frederick uses his recantation in one of his pro say four forty is the judge is like, well, why did you take so long this is incredible and just throws it out.
They rejected my motion.
From then on, I just started writing law clinics and actual innocent projects and mister Myra Bell doc Ronald QB. I mean, I wrote Everybody and a Mother trying to
act for some help. Then at twenty fifteen, I was fortunate to write May Rest in Peace, mister maer Beldock, based on another case People Versus wag Staff that he did that also involved the seventy fifth Precinct, because I knew that he was skilled with the seventy fifth Precinct and knew about their tricks of making it a pay as if witnesses were at crime scenes and were not.
And Myron Belldock was of course one of the named partners from Marx firm belldoc Levine and Hoffman. And you can hear more about his work in our interview with Evertt and Wagstaff that will be linked in the episode description.
You know, Myron Belldock actually read every letter he got from a prisoner at the end of his life. That was like one of his biggest concerns is that, you know, the letters from prisoners were piling up in his mailbox, but he read Frederick's letter. So he gave the case
to another lawyer, Keith Shapanski, who started investigating it. He found another witness who was actually Gavin Johnson's brother, Donald, who was a heaty corner I think to where the badega that Devon and Ray came out of at the time the murder took place, and so he witnessed it, and he couldn't identify who did the murder, but he knows that Greg was not on the opposite corner at the time of the shooting, and he also knows that Barbara Garth was not across the street on Dumont Avenue
approaching the corner at the time of the shooting. That he knows those people were down the block because he had just come from down the block.
And so this became the foundation of a new four to forty motion, along with the false expert ballistics testimony.
By the time the case came to me, I hired an expert to point out the problems with the ballistic evidence he used to convict Frederick, but we needed more to knock out the other witness, Barbaria Gareth. We were never able to find, but there are two other important pieces of evidence that we were able to get through
foil requests. First, the DD fives from the hospital. Frederick got the file from his lawyer and he only had redacted copies that didn't identify who it was that the police interviewed at the hospital, and I thought one of them had to be Barbara Garth. But I was able
to finally get the file from the NYPD. They gave me an unredacted copy that showed that Barbara Garth was the person saying right after the shooting that she was in front of five five five Ashford Street when the shooting took place, not right near the corner of the shooting, which is what she testified to. So that's the significant
Brady violation because she was giving false testimony. There's one other important piece of information we're still actually putting the finishing touches on, but basically there was this practice that District Attorney's offices were engaging in. If a witness wasn't cooperating, they would get a material witness warrant. Normally, you're supposed to bring in the witness before a judge and so they can tell the judge why they didn't want to
testify and either they'll hold them or they won't. But they did get a material warrant for Barbara Garth to testify against Frederick at trial, and they told the judge it was a misunderstanding. She was actually happy to testify. Therefore, you can just vacate the warrant and she testified a trial. But we're just getting the evidence to bear this out. We believe that they held her at a hotel under lock and key until she provided the testimony that they wanted,
and then she was released. So that piece of information, combined with the D five showing she testified falsely about where she was, knocks out her as a witness. Then it resuscitates the reliability of Greg maloney recantation, which is also resuscitated by Don Johnson's testimony. And then we have the expert who will testify by the bailistics evidence that gives us I think a very strong case to bring to the Conviction Integrity Unit.
So despite debunking the state's case, both allegedi witnesses and the junk science, Frederick has not been exonerated. Rather, after serving twenty eight years and four months, he went in front of the Parole board for the very first time in early twenty twenty.
One, I was denied actually as a result of the opposition letter that was written years ago by formal District Attorney Charles Hines. He had impermitted that policy where they will write an opposition letter when you get convicted and sentenced, and thirty years later they still can use that opposition
letter against you. However, again me reading and studying the law and trying to make a case for myself, I learned that current District Attorney Eric Gonzalez put together a memo that states that he's no longer using those opposition letters that were written decades ago.
I have to give credit to this organization called the Parole Prep Projects who helped Frederick quit his prole application and then they went to the King's County District Attorney's office, explains Frederick's situation, how he got convicted at the young age drug crime, et cetera. And they got the district attorney to write a letter on Frederick's behalf saying that they would not oppose him being released on parole because he'd been in jail so long from a young age
for a drug crime. And I think that was like a major piece of why he was able to get parole without admitting wrongdoing.
Six months later, I got released into Sembel twenty twenty one. Honestly, it was great, you know, because I had a family to come home to. Thankfully, my mom is still alive. She's eighty one. You know, I'm with her now in a home. You know, I missed all those years of my daughter life. She's thirty three now. So the freedom, of course is great. You know, I have the chance to do for myself and be responsible and show my parents and my family that I'm not this convicted killer
that you know, I was portrayed to be. And you know, the whole parole process is very difficult because they come up to your house six o'clock in the morning, you know, guns out, and whole neighborhood know you on parole, and then I have to report there, which is similar to going back in prison. You know, the whole process just keeps reoccurring and you got to experience it all over again.
And of course, when I first got home, I got denied the partner of education job as a result of my criminal record, despite.
You know, I had a degree.
So you know, it's been very hard, but again, Parole Preparation Project has supported me. Currently, I'm an employee at the pro Reparation Project. You know, I'm a co founder of my Archive based Creative Art program with them, so you know, they've been very instrumental and helping me prepare for the parole board in addition to transition it out here, you know, to take care of myself. So it's been hard,
but I am very fortunate. When you look at so many others that don't have the opportunities that I have. It's very difficult, and I just hope that I have a day where I could get some justice due to all this work I put in and all the people that supported me, you know, just prove my innocence. I just really pray that it's something some resolve that I can get.
With how thoroughly this case has been dismantled, the Brooklyn DA's office will surely find it difficult to say that this conviction has any integrity. But in the meantime, we're going to link to your work with the Archive Based Creative Arts Project as well as the Parole prep Project, and perhaps our audience will be moved to get involved and with that we're going to go to closing arguments. Mark and Frederick, thank you so much for being here.
And I'm now going to turn my microphone off and kick back in my chair and just listen to anything else you want to share. So Mark, you start it off, and then just hand the mic off to Frederick and he'll take us off into the sunset.
The thing that's so striking about this case is that Willy should never have been convicted, and a large part of why he did get wrongfully convicted in state in jail for the twenty eight years is because he never got the representation he should have, and it just seemed like one disservice after another, until finally, when he came up for parole, he had these law school volunteers take up his cause and actually zealously work to help get
him released on parole. And I think that was the first time I write the system started working for him, and I will hopefully get the system to do the right thing and vacate his conviction. And I'm also I guess want to say how impressed I am with Frederick and with the great attitude he maintains despite what he's been through. You know, whenever I called him when he
was on the inside. I was just always just really taken with that the system hadn't broken him, and that he had such a hope and a reverence for life, and that he faces great adversity and comes out like an even stronger, better person and is helping others. So that's really a testament to Frederick's character.
Thank you, Mark. You know, I understand my history.
I understand what black people have went through in this country, So you know, I understand it's not really personal. You know, it's a stemic and the only way to address it is having opportunities like you're giving me now, you know, start making this information known and telling us stories. Right, A lot happened to me in that place. You know that I probably am still trying to understand, you know, far as trauma wise. I can stay here all day and you know, express the pains that happened to me,
but that isn't going to get me nowhere. I have to stay level minded, focus and realize that it's a bigger.
Issue going on with the whole system, and it's not just me.
I've stood on the premise of I did not do this crime, and so many people I was with went through the same thing. I understand it, you know, I understand it from a different lens, from a historical perspective and from a systemic perspective. To this day, it's truly sad for the racial disparity to be so bad with people of color and being wrong for your victim. And I don't like to just look at it like everything
is bad. This is why I maintained my hope. This is why I refuse to let a few people that was in the system that did me wrong just dominate the whole system and look at it like, you know, everything and everyone is bad. I have to keep a level of mind to expose this system as much as I can. Here's what needs to be done, and use the things that exactly happen to me inside the trial and the system that are still going on in the system today that I would like to set a precedent with.
So again, thank you so much for this opportunity.
I look forward to doing whatever I can to continue to expose this system.
Thank you for listening to Wrong for Conviction. You can listen to this and all the Lava for Good podcasts one week early by subscribing to Lava for Good plus on Apple Podcasts. I want to thank our production team Connor Hall and Kathleen Fink, as well as my fellow executive producers Jeff Kempler, Kevin Wartis, and Jeff Cliburn. The music in this production was supplied by three time OSCAR
nominated composer Jay Ralph. Be sure to follow us across all social media platforms at Lava for Good and at Wrongful Conviction. You can also follow me on Instagram at It's Jason Flamm. Wrongful Conviction is a production of Lava for Good Podcasts and association with Signal Company Number one. We've been hearing some incredible feedback from our listeners and today I want to share one of the testimonials that we got on our hotline, so to speak, and please
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