Joe Rojas, the southeast regional vice president for the workers union, AFGE Council of Prisons, said the case was a black eye for an otherwise hardworking and upright staff. The police froze the crime scene and catalogued whatever was there. Abram Depp Settlement The farm of Abram and Lucy Depp was the first of this settlement of African Americans. God saw fit to keep me alive. Daniel G.P. 2023 Innocence Project. Cummings said Philadelphia prosecutors would not attempt to retry the tainted case. All Rights Reserved. The new analysis outlined a case in which ample physical evidence available 19 years ago ought to have been enough to clear Hicks, who was known in court records as Jermaine Weeks. Police Officer Martin Vinson said he shot Hicks in the chest or stomach as Hicks was pulling a gun from his pocket and lunging toward him. scripts he had written while incarcerated. Dennis Zungolo testified against him They claim they found him raping a woman in an alley near a hospital and Then the pandemic hit. That decision comes after an investigation by the Innocence Project and the District Attorneys Conviction Integrity Unit raised serious questions about whether police had fabricated evidence, planted a gun, and arrested Hicks under false pretenses all to conceal a police shooting of an innocent bystander who had rushed to aid a rape victim. His brothers Tone Hicks and Tyron McClendon greeted him upon release. The Innocence Project recruited high-profile forensic pathologist Michael Baden to determine the direction from which the bullets were fired at Hicks. Then he pulled out the S.T.E.P.U.P. Four reasons a credit-card balance transfer may be a bad idea, Dont let paying for a funeral add to your grief, Beware of these pitfalls when planning your own funeral, Sheryl Lee Ralph on her historic Super Bowl act: Its just really neat, Man who died after police used Taser had warned of heart issue, video shows, Memphis officer texted a photo of bloodied Tyre Nichols, records show, Harris, in funeral address, says Tyre Nichols should have been safe. But the prosecutors who reworked the case now say at least some of the testimony against Hicks was not true. Termaine Hicks, 47, on West Girard Avenue in West Philadelphia on Dec. 2, 2022. But on December 16, 2020, all the news was good. I survived, he says, and I understood the gravity of the situation right away. Officer Martin Vinson claimed to have witnessed Hicks raping the victim. Although most of the evidence analyzed in the recent review of the case was available at the time of Hickss original trial, the jury never saw an enhanced security tape that corroborated parts of Hickss story. Returning & Becoming: Kanuga Christian Formation, Episcopal Parish Network 38th Annual Conference, African American Readings of St. Paul with Dr. Lisa Bowens, Life Together Fellow, Church of Our Saviour, Milton, MA, Graduate Resident Youth or Childrens Minister. The Philadelphia police did not immediately return a request for comment on the case, but Anthony Erace, the executive director of the Police Advisory Commission, told the Inquirer he would seek a review of the investigation. Dennis Zungolo, who was with him at the scene, did not return phone and email messages Wednesday. Realizing Mr. Hicks did not match the description of the attacker provided by a neighbor to 911 and that he was unarmed, the officers embarked on a cover-up, which included: Based on the officers testimony, Mr. Hicks was convicted of rape, aggravated assault, possessing an instrument of crime, and terroristic threats. Three shots rang out, striking Hicks in the arm, chest, back, and buttock. As one of the men said, referencing the work of famed public interest lawyer and equal justice activist Bryan Stevenson, Would you want to be known for the worst thing you ever did, for the rest of your life?. Potkin also drew parallels to a criminal case, USA v. Mortimer, in which Ellis reported recovering two illegal guns from a suspect during a 1996 traffic stop. Hicks was convicted of rape and weapons offenses, with 20 officers testifying against him. after a wrongful incarceration for 19 years. It was ready to take his case. I dont serve Black people, an attendant told her. We dont ask the men what theyre in for, Slichter says. What we are doing is just reintroducing simple life decision-making, Hicks explains. Hicks case is yet another example of the pervasive problem of police perjury in the criminal legal system. A jury believed the polices version of events over Hickss story. on our list, Other When you have a circumstance where at a minimum misconduct is discovered, and at a maximum potential criminal behavior is possible, its got to be examined.. The way that cops approach Black and brown men and women stems from years of systemic racism. Jason E. Miczek / AP Images for The Innocence Project. Press "Enter" or click on the arrow to show results. Pennsylvanias statute of limitations for perjury and other relevant criminal charges bars prosecution after five years. California residents do not sell my data request. You may be trying to access this site from a secured browser on the server. But as settlement conferences dragged on, the effects of her trauma worsened. We welcome new information from any source about exonerations already on our list and about cases not in the Registry that might be exonerations. The day of the incident, detectives viewed surveillance footage which confirmed the assailant was wearing a hooded sweatshirt, which should have excluded Mr. Hicks as a suspect. Vinson testified that he fired because Hicks reached for a gun and lunged at him and his then-partner Zungolo testified he saw Hicks pulling up his pants when police arrived. (Philadelphia, PA December 17, 2020) Termaine Hicks walked out of Pennsylvania prison SCI Phoenix yesterday. Thank you for visiting us. He also reached out to the Innocence Project. In addition to the Innocence Project, Mr. Hicks is represented by local counsel Susan Lin of Kairys, Rudovsky, Messing, Feinberg & Lin LLP. after a wrongful incarceration for 19 years. Hicks tried to appeal his conviction, court records show, claiming that his former defense attorney had erred by not insisting that police show the enhanced surveillance footage. TALLAHASSEE, FLORIDA A federal grand jury has returned a twenty-one count indictment against Andrew Demetric Gillum, 42, and Sharon Janet Lettman-Hicks, Hicks fought for years to get the forensic evidence in his case reviewed. I could have been paralyzed; there are still fragments of that bullet near my spine. In his 19 years behind bars, Hicks always maintained his innocence. We must have had 150 people in the audience, both inmates and guests, remembers Slichter. But there was no gray hoodie among Hickss clothes that were turned over to police after he was treated for gunshot wounds in the hospital. Latino leaders could collaborate with Black communities. Hicks recruited other prisoners to act in the production. Hicks served 19 years in prison for a crime he did not commit. Even the most seasoned attorney does not likely get the opportunity to go before them, says Hicks, who was by this time arguing his own case pro se. Termaine Hicks was released from SCI Phoenix Prison Tuesday, Dec.16, 2020 in Collegeville, Penn. McGrody did not return phone calls on Tuesday. Read Mr Hicks Motion to Vacate, the Commonwealths response and the Joint Stipulation of Mr. Hicks and the Commonwealth. Listen: Stories about Black men spending years and even decades behind bars for crimes they didnt. This decision comes after an investigation by the Innocence Project and the District Attorneys Conviction Integrity Unit who raised concerns about whether the officers fabricated evidence, planted a gun, and arrested Hicks under false pretenses, the Philadelphia Inquirer reported. The chief medical examiner recanted his prior testimony. The Registry provides detailed information about every known exoneration in the United States since 1989cases in which a person was wrongly convicted of a crime and later cleared of all the charges based on new evidence of innocence. Finally home, Mr. Hicks said hes most proud of himself for staying strong and remaining determined to prove his innocence. Copyright 2023 The Washington Times, LLC. The Innocence Project and Philadelphia DAs Conviction Integrity Unit found evidence police lied to cover up the shooting of Termaine Joseph Hicks, a bystander who rushed to help a rape victim. Dr. Mark Bozzuti-Jones, Two-Year Spiritual Direction Training Course, Spring Music Season at Trinity Church Wall Street, Parables, Spirituals, and Our Own Stories with the Rev. | Editorial, Tampa man who was first to face trial for Florida voter fraud in 2020 election gets probation, St. Pete womans dream home turns into a nightmare after she finds code violation, DeSantis, GOP lawmakers pursue efforts to weaken news media protections, Florida man paralyzed by officer who mistook gun for Taser sues, Explosive found on Florida-bound Allegiant flight, man arrested, States move to crack down on nurses with bogus diplomas from Florida schools, correctional officers at a federal prison in Florida repeatedly sexually abused them, Florida teen charged as adult in rigged homecoming election. A Pennsylvania court has vacated the rape conviction of Termaine Joseph Hicks, freeing him from prison after almost 19 years. WebSettlement Agreement. Court records for this case are available from Pennsylvania Eastern District Court. A neighbor who witnessed the woman being dragged by the assailant from the sidewalk to the alley and called police in real-time, reported that the attacker was wearing a gray hoodie covering his head. CIU chief Patricia Cummings said her office would not retry the case, as it was tainted beyond repair. I am quite cognizant of the pain and the trauma of the victim, and then more pain in realizing that the wrong person was convicted, Brandeis-Roman said. However, police did not disclose the surveillance footage until after the trial. She said Hicks had gone to the victim to render aid. A spokesperson for the District Attorneys Office declined to comment on whether it would pursue action against the officers. Watsons role in the case was not clear, and he was not called to testify. You cant be in this box when it comes to God and religion, he says. A police spokesperson said that the district attorney did not provide details on the allegations until after Hicks case was resolved. On a November morning in 2001, Hicks had just walked his little brother, Tyron, to the bus stop in their south Philadelphia neighborhood, when he was called to be a real-life Good Samaritan. Slichter invited the Rt. Potkin notes that several other police officers were at the scene as Hicks was shot or shortly thereafter. Philadelphia police officer Marvin Vinson arrived on the scene with his partner, Sgt. According to lawyers, it shows a man in a hoodie dragging the victim into the alley. Dr. Mark Bozzuti-Jones, Churchwide Global Mission Conference: Journey Into Healing, Finding Home in God with Yale Professor Miroslav Volf 3-Part Online Series. The Innocence Project is affiliated with Benjamin N. Cardozo School of Law, Yeshiva University. When he was sentenced to a maximum of 25 years, he told the judge: An innocent man cant sit in jail for long. But at parole hearings, according to his lawyers, he was penalized for refusing to accept responsibility for the crime. The Philadelphia District Attorneys Office recently concluded much of the testimony against Hicks was false.Dec. Chester Hollman III was 21, with no criminal record and a job as an armored-car driver, when he was pulled over in Center City one night in 1991 and charged with the fatal shooting of a University of Pennsylvania student in a botched street robbery. We may earn a commission from links on this page. We empower youth to use their voice to prevent bullying and violence, says Hicks about his presentations at schools. As the case slowly made its way through the courts, she said she couldnt sleep through the night. December can be a busy month for exonerations, as prosecutors and defense attorneys try to wrap up cases before the end of the year. They have told me that the trauma of a retrial would be unbearable, she said. In fact, the gun was registered as the off-duty weapon of another uniformed Philadelphia police officer. He had his hand in his pocket because he was going to attempt to call the police when they arrived and shot him in the back. Only Jesus can do this.you are blessed. Dennis Zungolo. Upon entering prison, Hicks was forced to separate from his son, who was only 5 years old at the time of his sentencing. He has always maintained that he arrived at the scene when he attempted to help the victim, she said. Ignatius, Discernment, and You with the Rev. Recent forensic examinations by the chief medical examiner for the City of Philadelphia and an independent medical examiner conclusively prove that the officer shot Mr. Hicks three times in the back with one bullet entering near his spine, one in his buttock, and one in the back of his right arm. This is my ministry, he says. The Innocence Project is affiliated with Benjamin N. Cardozo School of Law, Yeshiva University. The latest Tweets from Termaine Hicks (@TermaineHicks). The United States has settled a lawsuit with 15 women who said correctional officers at a federal prison in Florida repeatedly sexually abused them. The reversal comes amid a recent flurry of exonerations as the citys district attorney, Larry Krasner, has aggressively pushed to revisit at least 16 questionable convictions. Termaine Hicks walked out of Pennsylvania prison SCI Phoenix last week. Few will have a story as heart-wrenching as Termaine Hickss. On Wednesday, after 19 years incarceration, Hicks, 45, was, at last, exonerated. Termaine Joseph Hicks, 45, was freed from prison in Philadelphia on Wednesday He was jailed in 2001 after cops Marvin Vinson and Dennis Zungolo testified against him In fact, he'd run to the woman's aid when he heard her screaming and the real rapist ran away He was exonerated after 19 years. After 19 years in prison, hes been found innocent. PHILADELPHIA (AP) - Three Philadelphia police officers have been reassigned pending an internal investigation into the arrest and shooting of Termaine Hicks, who was cleared of a 2001 rape last week after spending 19 years in prison. According to the Inquirer, since 2018, 17 defendants have been exonerated in cases involving many of the same officers who led the investigations into Hollmans and Wrights cases. Philadelphia officials said Wednesday that the city will be paying out $9.8 million in one of the largest wrongful-conviction settlements in the citys history to a Black man who spent 28 years in prison for a murder the district attorneys Conviction Integrity Unit now says it was near impossible that he committed. It was brutal for the guys in the penitentiary. In 2016, the city paid $15,000 to settle a civil-rights lawsuit naming Vinson as one of two officers who dragged a taxi driver falsely accused of stealing a cell phone out of his cab, assaulted him, and told him if he did not like it, he could go back to his country., The Police Advisory Commissions executive director, Anthony Erace, said he was not familiar with Hicks case but would seek a review. One of those plays, Soldiers in the Army of the Lord, was performed at Graterford in 2012 in honor of Hickss EfM graduation. Joseph Tremaine Hicks, his lawyer said, is going to be returned to something that he should have had when police encountered him the presumption of innocence.. Hicks says Vinson muttered something like, damn, and then began to cry. All NRE reports represent a moment in time. (Selfless Thinking Expresses Potential that Uplifts People). He was exonerated in 2020. Hicks lawyers allege that the cover-up went well beyond the three officers. Hicks survived, but was charged with the rape and sentenced to 12 to 25 years in prison. Before finalizing the decision to drop charges, she consulted with the victims family. Vinson has not responded to requests for comment and Zungolo referred questions to John McGrody, vice president of the Fraternal Order of Police Lodge 5. If he needs access to an editor, publisher, or manager. Mr. The Registry also maintains a more limited database of known exonerations prior to 1989. In his first TV interview since his exoneration, Termaine Hicks speaks out to Lester Holt about his case. Twenty-seven judges had looked at my case by then, explains Hicks. She assumed those were police spotlights. Reached by phone Tuesday, Ellis, a crime-scene-unit officer, declined to comment or to confirm he was under investigation. Photo: Peter Tobia. His brothers Tone Hicks (left) and Tyron McClendon were there to greet him upon release. Many will have a tale of transformation to share. Photo: Jason E. Miczek/AP Images for The Innocence Project. For far too long the police have willfully lied with impunity; we need accountability, said Vanessa Potkin, director of post-conviction litigation at the Innocence Project, who represented Mr. Hicks. I was already a devoted Christian, reading my Bible daily. The agreement announced Wednesday is the latest in a string of seven-figure settlements stemming from claims of misconduct by city police in the late 1980s Making it easier for Black people to vote had unexpected consequences, Latinos who use Spanish-language social media get more misinformation, How public colleges have already backed away from affirmative action. In 2003, he was sentenced to 12.5 to 25 years in prison. Wednesday, December 23, 2020, The Front Page Podcast: Pumping the Brakes, NEW: Its not polite to pretend boys can be girls, SCOTUS takes on Bidens student debt agenda. You can learn more about how we consider cases here. Hearing a scream pierce the darkness, he ran toward Dunkin Donuts and Saint Agnes Hospital. Deep-seated police misconduct and institutional protections are too often the source of wrongful convictions and injustice in the system. Hickss case began in the early-morning hours of Nov. 27, 2001, according to a memorandum summarizing the case, as a woman walked to an early shift at Dunkin Donuts. the $9.85 million agreement the city struck in 2018 with Anthony Wright. Hicks was in South Philadelphia on the early morning of November 27, 2001, when he heard a woman screaming. Inmates were sick, some were dying. They had stage fright. information about the Registry, Assault, Other Violent Felony, Gun Possession or Sale, Perjury or False Accusation, Official Misconduct, Inadequate Legal Defense. He was exonerated During his 19 years in prison, Hicks noticed how new inmates entering into the penitentiary were younger and younger. False testimony was used, and I believe its impossible to say that did not contribute to the conviction.. He is going to be returned to something that he should have had on November 27, when police encountered him, but he didnt, Potkin said, the Inquirer reported. Black News and Black Views with a Whole Lotta Attitude. A spokesperson for the District Attorneys Office declined to comment if it would pursue action against the officers. Video footage showing the actual assailant dragging the woman into seclusion was never shown to jurors and soon disappeared from evidence. The men told me how much they loved Dennis.. He was arraigned while handcuffed to a hospital bed. Mr. Hicks, an Innocence Project client, was wrongly convicted of a rape that took place in Philadelphia in 2001. Tell Hicks said the officer shot him in the back as he was reaching into his pocket for his phone to call 911. Philadelphia police shot a man and accused him of rape. Yet, forensic examiners found no blood inside of Mr. Hicks jacket pocket. Baden testified that all shots were fired from behind Hicks, so he could not have been lunging at the officer who pulled the trigger. For 19 years, Termaine Joseph Hicks maintained his innocence. Prayer, revival and Jesus Revolution: Is our rotting culture on the verge of something big? Police disciplinary records are currently kept confidential in. Determined to make my dreams come true Termaine Hicks speaks out after 19 years in prison for a crime he didnt commit (Part 1), At least 2 dead after exposure to unknown substance at N.Y. senior facility, Clark Atlanta University students mourn loss of athlete fatally shot near campus, Iranian government to investigate series of poisonings, Pennsylvania man accused of trying to bring explosive on plane, Prince Harry and Meghan Markle asked to leave Frogmore Cottage. I liked how it was staggered, year one through four, he says. If seated, a Cherokee delegate could make a big difference in Congress, How the racial makeup of where you live has changed since 1990, Subscribe to About US to read the latest on race and identity, Examining systemic racism through the lens of his life, Understanding racism and inequality in America. His attorneys celebrated the exoneration Wednesday, noting that Hicks, who was the father of a 5-year-old boy when he was incarcerated, would be able to meet his 2-year-old grandson for the first time. During his wrongful imprisonment, Mr. Hicks said he focused on his mental and spiritual health and used creative writing as an emotional outlet. I am quite cognizant of the pain and the trauma of the victim, and then more pain in realizing that the wrong person was convicted, Brandeis-Roman said Wednesday, the Inquirer reported. Hicks says, In the judicial system, theres something called finality that is very hard to overcome.. after a wrongful incarceration for 19 years. As he reached for his cell phone to call 911, two police officers ran to the scene. Hicks had been exonerated. Vinson and Zungolo remain employed by the department. In another, Ellis was one of a number of officers accused of beating a suspect and then arresting him for assault and resisting arrest. In a first, House Democrats elected a Black leader. Witnesses also testified that they had seen a man in a gray hoodie attack the woman, according to court records. Settlements for some of the women, some whom are currently still incarcerated there, were higher than the government had initially allocated to pay. A Maryland Dumping Site Was Actually A Black Cemetery. Hicks was then charged with the rape and later exonerated after the Conviction Integrity Unit found that the case was built on liespossibly to cover up the unjustified shooting and that forensic evidence easily cleared Hicks who should never have been arrested let alone convicted of the rape. Its not the closure I wanted but its still closure., The 15 women suing said officers had sexually assaulted and abused them for years. also offers motivational speaking and training in schools, teaching positive decision-making, how to recognize bullying, and how to communicate with peers who carry guns, sell drugs, or who drink and drive. One of the bullets barely missed my spine, but youre talking to a guy who ran a couple of marathons while he was incarcerated., A post shared by Tyron McClendon (@mrgrinch215). McGrody did not return calls Tuesday. It was in such a group at the State Correctional InstitutionGraterford, a maximum-security prison in Montgomery County, Pennsylvania, that EfM group leader Ginny Slichter met Termaine Hicks for the first time. In fact, it would be eight years before they could look at it. I chose life, because my Father God allowed me to live and continue to grow., Candler School of Theology, Emory University, New CDSP Continuing Ed Courses Include Liberation Theology, New Testament Greek, Emory Universitys Candler School of Theology to Launch Hybrid MDiv in Fall 2023, Trinity Church Wall Street Announces Final Round of 2022 Grants, Bringing the Total to $57 Million, Bexley Seabury Hires Hailey McKeefry Delmas as Director of Deacons Formation Collaborative, Seabury Resources for Aging Introduces Common Threads: An Intergenerational Worship Series, Birds of the Air with the Rev. I signed on to start the next year.. In 2001, a police officer shot the 26-year-old Popeyes manager, later telling a court that Hicks Please avoid sharing any personal information in the comments below and join us in making this a hate-speech free and safe space for everyone. We need a whole new system.. The presumption of innocence., Demographic changes: How the racial makeup of where you live has changed since 1990, Newsletter: Subscribe to About US to read the latest on race and identity, George Floyds America: Examining systemic racism through the lens of his life, Resources: Understanding racism and inequality in America. He thought about those younger and younger inmates, and knew he needed to get his message to young people before their first encounters with the judicial system. False testimony was used, said Patricia Cummings, chief of the Conviction Integrity Unit, the Inquirer reported. The conviction was vacated, and the charge dismissed. WebOn 03/15/2022 HICKS filed a Civil Right - Other Civil Right court case against CITY OF PHILADELPHIA in U.S. District Courts. The basics of personal finance, like How to save for a house. Figure out your next step toward financial freedom. First, they had to show new evidence in order to ask for a new trial. He often speaks for the Innocence Project. Why dont they? And the gun the officers alleged to have found in his pocket was actually the off-duty weapon of another Philadelphia police officer. For an optimal experience visit our site on another browser. Slichter describes her first visit to the prison. The Philadelphia District Attorneys Offices Conviction Integrity Unit sided with Hicks and his lawyers, and Common Pleas Court Judge Tracy Brandeis-Roman vacated his conviction on Wednesday. Hicks calls the Innocence Project team relentless, God-sent, true advocates. Still, it would take nearly another decade to set Hicks free. He was exonerated after the Philadelphia District Attorneys Office conceded that lead police officers lied under oath to cover up shooting Hickswho was innocent of any crimein the back three times. Falsely claiming under oath that Mr. Hicks wore a gray hoodie like that a neighbor described the assailant as wearing. The officers falsely testified at trial that Mr. Hicks had lunged at them while armed with a gun that he pulled from his pocket. WebThe Innocence Project and Philadelphia DAs Conviction Integrity Unit found evidence police lied to cover up the shooting of Termaine Joseph Hicks, a bystander who rushed to help He said Hicks had pulled a gun on police, but put it back in his pocket after being shot three times. On Wednesday afternoon, released from the State Correctional Institution Phoenix to his brothers home just a few miles away in Montgomery County, Hicks said he was both overjoyed and overwhelmed. Bryan Busch, who represented 11 women, and Phil Reizenstein, who represents one woman, said they did not want to comment on the settlement amounts until funds were released. She couldnt clearly see her attacker in the dark, and she suffered a head injury. S.T.E.P.U.P. In the early morning hours of November 27, 2001, Mr. Hicks heard the screams of a woman being raped in an alley in South Philadelphia and went to her aid. During that time, Hicks worked his way through the local trial court, the appellate, and the Pennsylvania Supreme Court, until he only had one option remaining: the U.S. Supreme Court. WebTermaine Hicks was exonerated in December after the Philadelphia District Attorneys Office conceded that lead police officers lied under oath to cover up shooting Mr. Hickswho was innocent of any crimein the back three times. His payout is just $50,000 short of the record for settlements of its kind in the city a distinction held by the $9.85 million agreement the city struck in 2018 with Anthony Wright, a man who served nearly 25 years of a sentence for a 1991 rape and murder that DNA evidence proved decades later he did not commit. With 20 officers testifying against him a crime-scene-unit officer, declined to comment or to confirm he under! 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