Mr. Hicks, an Innocence Project client, was wrongly convicted of a rape that took place in Philadelphia in 2001. All Rights Reserved. In 2001, a police officer shot the 26-year-old Popeyes manager, later telling a court that Hicks reached for a gun after the officer found him raping a woman in a Philadelphia alleyway. Police arriving at the scene completely misread the situation, erroneously assuming Mr. Hicks was the assailant, and shot him three times in the back. I cant imagine the hurt in your heart and the million reasons you would have to hate someone but instead you are just happy and thankful. Reached by phone Tuesday, Ellis, a crime-scene-unit officer, declined to comment or to confirm he was under investigation. NBC10s Brian Sheehan has his story. Hicks had been exonerated. Potkin notes that several other police officers were at the scene as Hicks was shot or shortly thereafter. Earlier this month, The Root reported that another Black man, 45-year-old Termaine Hicks was exonerated of rape after spending 19 years in a Philadelphia prison. Im excited for younow go live your life manyou deserve a good one. Both sides said it did not follow that the gun was smeared in blood, while the interior of the pocket it supposedly came from was pristine. When recovered, the firearm was covered in blood belonging to the victim, who was bleeding profusely when the police arrived at the scene. READ MORE: Police shot a Philly man, then accused him of rape. You can learn more about how we consider cases here. 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). Philadelphia Common Pleas Court Judge Tracy Brandeis-Roman vacated the conviction and offered a bittersweet congratulations to Hicks. Going back to the morning of the crime, the victim was not able to identify her assailant. 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 Innocence Project is affiliated with Benjamin N. Cardozo School of Law, Yeshiva University. Mr. Hicks was exonerated after the Philadelphia Conviction Integrity Unit (CIU), led by Patricia Cummings, joined the Innocence Projects motion to vacate his conviction. They lied under oath to cover up for shooting an innocent man three times in the back, Innocence Project lawyer Vanessa Potkin said. Falsely claiming under oath that they recovered a gun from Mr. Hicks right jacket pocket, which they asserted he placed back in his pocket after he was shot. Hicks was not eligible for parole because he maintained his innocence and would not express remorse for a crime he did not commit. She began taking medication to try to help. Potkin said further evidence suggests police planted the gun they said they retrieved from his jacket pocket. Hicks said he showed up at the scene moments after the true assailant ran away from those headlights and just a few moments before police arrived. This is my ministry, he says. On Wednesday, after 19 years incarceration, Hicks, 45, was, at last, exonerated. In 2001, Mr. Hicks came to the aid of a woman screaming in an alley. As the Psalmist wrote, God knows our frame and remembers we are made from dust. With that understanding, I am able to move forward. The way that cops approach Black and brown men and women stems from years of systemic racism. 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. As a result of receiving this information, we have opened an Internal Affairs investigation into the allegations of police misconduct, the spokesperson said in an email. Theres plenty of us who would give him help. That matched other witness statements that the attacker wore a gray hoodie, while Hicks coat had no hood. 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?. Join our mailing list to receive the latest news and updates from the Innocence Project: Police Perjury Led To Wrongful Conviction. Why are prominent Los Angeles Latinos saying such racist things? Reynolds said she was raped by a correctional officer at Coleman for six months while serving time there. A woman had been pistol-whipped, dragged into an alleyway behind what was then St. Agnes Hospital in South Philadelphia, and raped until the rapist was startled and fled the scene. The U.S. Supreme Court hears fewer than 1% of criminal cases that it is asked to review. Termaine Hicks was released from SCI Phoenix on Wednesday after a wrongful incarceration of 19 years. For 19 years, Termaine Joseph Hicks maintained his innocence. Sometimes it comes out in the spiritual autobiography, but we dont ask. Now, he hopes to produce work for the wider community, including a play about his own life and performances inspired by the oldheads who shared their wisdom over decades in prison. 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. Now theyve reached a settlement, Pinellas lawyer arrested after stealing more than $840,000 from clients, deputies say, Christopher Sabella elected as Hillsborough Countys next chief judge, Steven Lorenzo sentenced to death for 2 Tampa murders, How about spending more on preventing crime? But, he added: Its unfortunate and sad that it took how long it took for me to clear my name. Watsons role in the case was not clear, and he was not called to testify. But the prosecutors who reworked the case now say at least some of the testimony against Hicks was not true. Hicks says Vinson muttered something like, damn, and then began to cry. Today Hicks serves alongside Slichter on the board for the Dennis H. Warner Memorial Foundation, which provides EfM scholarships for inmates and assists family members of the incarcerated. After they covered it up, he was wrongly convicted of attacking her. Medical records and damage to the clothes Hicks was wearing that night showed he had actually been shot in the back, contrary to what police claimed, the Inquirer reported. Thank you for visiting us. At the time of his arrest, Hicks was an assistant manager at a South Philadelphia Popeyes, raising a 5-year-old son. 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. The officers involved in this case had extensive internal affairs files with numerous allegations of lying, planting evidence, excessive force, and substantiated complaints filed by civilians. Police disciplinary records are currently kept confidential in nearly half of states, including Pennsylvania. She tried to get gas. But the surveillance footage was not provided to Hicks or his lawyers until after his trial had concluded. The website is updated daily, frequently with exonerations that occurred in the past. Press "Enter" or click on the arrow to show results. Termaine Hicks was released from SCI Phoenix on Dec. 16 after 19 years in prison. You went with an armed guard, but its still pretty darn intimidating, this long walk to an ugly little room., There were 12 men in the room, and they all stood when I walked in. December can be a busy month for exonerations, as prosecutors and defense attorneys try to wrap up cases before the end of the year. We welcome new information from any source about exonerations already on our list and about cases not in the Registry that might be exonerations. after a wrongful incarceration for 19 years. It was dark, and she suffered a head trauma during the assault. Hicks calls the Innocence Project team relentless, God-sent, true advocates. Still, it would take nearly another decade to set Hicks free. 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. We must have had 150 people in the audience, both inmates and guests, remembers Slichter. 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. He saw two men running away from a figure on the ground near a dumpster. Slichter invited the Rt. It was brutal for the guys in the penitentiary. Again, no gray hoodie was found. The conviction was vacated, and the charge dismissed. It appears that for years and even decades the Philadelphia criminal justice system has shown a pattern of locking up Black men for crimes they didnt commit based on the work of corrupt police officers and conviction-happy courts that never really consider that a Black defendant might be getting railroaded despite a glaring lack of evidence to support their guilt. Pennsylvania is one of 15 states that does not compensate exonerees. The city has settled civil-rights complaints naming Vinson and Ellis as defendants. Cummings said Philadelphia prosecutors would not attempt to retry the tainted case. 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. 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. Hicks case is yet another example of the pervasive problem of police perjury in the criminal legal system. If the case had not settled, it would have gone to trial next year. WebLiked by Brandon Hicks Attention School of Law alumni: On Wednesday, March 1, Liberty Law will be holding a memorial service for Curtis Walton, who was tragically murdered Now, Potkin said, hes focused on returning to society, building on his relationship with his son, now 24, and meeting a 2-year-old grandson for the first time. They had stage fright. I dont know how you feel about having a white woman. One of the inmates replied, Miss Ginny, everybody needs a mama! For the first couple of years, she was known as Mama Ginny. 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 The men told me how much they loved Dennis.. Black News and Black Views with a Whole Lotta Attitude. It was hard to maintain sanity.. It was a chance for me to try to find out how God operates with us. The spokesperson declined to confirm the identity of the third officer under investigation. All Rights Reserved. Should you have any questions or concerns, please do not hesitate to contact Doug Harper at (850) 488 On Wednesday, Termaine Hicks received the the best Ive heard in all my life. After 19 years in prison for a crime he didnt commit, Mr. Hicks was going home. For the most accurate data, please search on the Detailed View page. WebOn February 27, 2003, Hicks was sentenced to between 12 and 25 years in prison. (Image: Jason E. Miczek/AP Images for 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. He was convicted and served 19 years in State Correctional Institution Phoenix, about an hour northwest of Philadelphia. 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. She said she wanted to hold the Bureau of Prisons accountable for the abuse she and others experienced. In prison, I had to coax some of those guys up there. Then, he said he shot Hicks in the chest or stomach. When you look more broadly at the other officers involved in this case, there is a larger pattern of official misconduct, Potkin said. 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. Photo: Jason E. Miczek/AP Images for The Innocence Project. There were moments, but I did not give up, he said. An officerwho along with his complicit partner is still currently on the forcefirst shot Hicks three times while he was pulling out a cell phone to call for help for the rape victim. 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. Philadelphia police shot a man and accused him of rape. The police froze the crime scene and catalogued whatever was there. Falsely claiming under oath that Mr. Hicks wore a gray hoodie like that a neighbor described the assailant as wearing. How Black and Latino people did in this last round of redistricting. 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. When you look more broadly at the other officers involved in this case, there is a larger pattern of official misconduct, Potkin said. It was ready to take his case. Vinson told the court he saw Hicks attacking the woman and saw him reach for a gun. Three shots rang out, striking Hicks in the arm, chest, back, and buttock. Bitterness is cancerous, and this knowledge frees up my mental space: I know God had me. Then I was invited to EfM by an usher in the church. During his arrest he was shot three times in the back and the arresting officers lied about the circumstances. 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.. I found what was already there. He created an organization called S.T.E.P.U.P., an acronym for Selfless Thinking Expresses Potential that Uplifts People, and began writing educational scripts that were later turned into films. Wanting to reach young people before fateful decisions are made, he began to produce videos on gun violence and bullying. His brothers Tone Hicks (left) and Tyron McClendon were there to greet him upon release. One of those plays, Soldiers in the Army of the Lord, was performed at Graterford in 2012 in honor of Hickss EfM graduation. The tape showed a man in a gray hoodie dragging the victim into the alley. She said Hicks had gone to the victim to render aid. He has always maintained that he arrived at the scene when he attempted to help the victim, she said. The Philadelphia District Attorneys Office recently concluded much of the testimony against Hicks was false.Dec. Web7.9K views, 321 likes, 112 loves, 25 comments, 220 shares, Facebook Watch Videos from Innocence Project: Termaine Hicks wrote 12 plays and countless poems during his 19 years of wrongful Termaine Hicks - Just Another Day | Termaine Hicks wrote 12 plays and countless poems during his 19 years of wrongful incarceration. During the trial a year later, the medical examiner would say he could not determine the direction from which the bullets that struck Hicks were fired. Upon entering prison, Hicks was forced to separate from his son, who was only 5 years old at the time of his sentencing. Hicks served 19 years in prison for a crime he did not commit. 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. The Best News Ive Heard in All My Li After realizing theyd shot an unarmed man who did not match the description of the attacker, the officers conspired to cover it up. scripts he had written while incarcerated. Seeing so many inmates broken by the prison system, Hicks determined he would find his strength in God. The victim had told police the attack stopped when bright lights shined on her assailant, spooking him. The other guys on the [cell] block were shouting. 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. This article was published more than2 years ago. 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. He says EfM provided him with a firm foundation so that, like John the Baptist, he would not be a reed shaken by every wind. A judge ordered him released last year at age 49, citing evidence that police and prosecutors built their case on fabricated statements from people they coerced as witnesses and later withheld evidence pointing to the likely true perpetrators of the crime. Then he pulled out the S.T.E.P.U.P. After shooting Hicks, Vinson approached and patted him down in search of his weapon. Hicks was released from a state prison outside Philadelphia on Wednesday. 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. During his wrongful imprisonment, Mr. Hicks said he focused on his mental and spiritual health and used creative writing as an emotional outlet. Immediately, Hicks appealed. The things that are promised to citizens should be delivered: a fair trial, and a fair look at whats being presented.. At the same time, my thoughts and prayers are with the countless others who are not coming home today or ever because of an impulsive, ill-prepared, and apprehensive cop. The officers falsely testified at trial that Mr. Hicks had lunged at them while armed with a gun that he pulled from his pocket. Its unfortunate and sad that it took how long it took for me to clear my name.. 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. Officer Martin Vinson and Sgt. He was exonerated 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. 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. Several of the same investigators who worked to convict Wright were also involved in Hollmans case. 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.. Then, Hicks lawyers say, Vinson used his police radio to contact dispatch. Termaine Joseph Hicks exonerated after 19 years in prison - Inquirer 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. I dont serve Black people, an attendant told her. Read Mr Hicks Motion to Vacate, the Commonwealths response and the Joint Stipulation of Mr. Hicks and the Commonwealth. Hicks case is yet another example of systemic police abuse that is pervasive in the criminal legal system and persists because of institutional protections and a lack of accountability, said Vanessa Potkin, director of post-conviction litigation at the Innocence Project, who represented Mr. Hicks. But on December 16, 2020, all the news was good. Tell Hicks served 19 years in prison for a crime he did not commit. 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. During his 19 years in prison, Hicks noticed how new inmates entering into the penitentiary were younger and younger. Most of those officers have since retiredas opposed to firing, charges or any semblance of actual accountabilitybut some, like those involved in Hicks case, remain on the force and have even been promoted. Im a playwright, Hicks says. The gun was also registered to an active-duty police officer who had not reported it missing. During his wrongful imprisonment, Termaine focused on his mental and spiritual health and used creative writing as an emotional outlet. He wrote and directed 12 plays in prison. Twenty-seven judges had looked at my case by then, explains Hicks. I could have just disappeared, but I want to be on the front lines. Those cases have led to more than a dozen exonerations in recent years and have cost the city more than $35 million since 2018. My heart was filled with sorrow reading your story but as I saw your smile in the video, my tears of sorrow became tears of joy. Vinson and Zungolo remain employed by the department. A jury later convicted Hicks of rape, and a judge sentenced him to up to 25 years in prison. The timing was uncanny. Three of the women received $1.26 million between them, said their lawyer, James DeMiles. A reporter at the Inquirer since 2013, I cover issues of identity, race, social justice, as well as prisons and the legal system. She noted that the gun was smeared with blood, while the inside of Hicks coat pocket was clean. Joint Stipulation of Mr. Hicks and the Commonwealth. 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. Termaine Hicks was convicted on rape and other charges, largely on the testimony of police officers. Dennis Zungolo have been placed on restricted duty and the identity of the third officer has not been released. That means its over; youre going to serve your sentence.. Slichter describes her first visit to the prison. Hicks case is yet another example of the pervasive problem of police perjury in the criminal legal system. A spokesperson for the District Attorneys Office declined to comment on whether it would pursue action against the officers. He said he felt the amount given to his clients was fair. the $9.85 million agreement the city struck in 2018 with Anthony Wright. Police claimed that Mr. Hicks had a gun on him as part of their effort to cover up the circumstances of the shooting, but the weapon that was attributed to Mr. Hicks was registered to an active Philadelphia police officer. The officer had not reported the gun missing. Had these records been publicly available, Mr. Hicks may not have had to endure so many years of injustice or been wrongly convicted at all, she said. Join our mailing list to receive the latest news and updates from the Innocence Project: Police shot Mr. Hicks as he was helping a victim. They greeted me with such unexpected affection. Attempting to reach the Supreme Court as a pro se litigant, would have been an exercise in futility so I withdrew my appellate rights. Three Philadelphia police officers have been reassigned pending an internal investigation into the arrest of Termaine Joseph Hicks, who was cleared of a 2001 rape last week after spending 19 years in prison. He was sentenced to 12 and to 25 years in prison. The Innocence Project, which is affiliated with the Benjamin N. Cardozo School of Law, took on Mr. Hicks case in 2011. Hicks recruited other prisoners to act in the production. As he was sentenced, Hicks told the judge: an innocent man cant sit in jail for long. Hicks 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. Only Jesus can do this.you are blessed. All three shots struck Hicks from behind, yet Vinson said he was forced to fire because Hicks was lunging at him. And I believe its impossible to say that did not contribute to the conviction.. Vinson and then-partner Sgt. The women feared that if they came forward theyd be sent to another federal facility far from their families, interrupting the education and work programs they had at Coleman, which is the largest federal prison in the U.S. Settlements were approved by the Attorney Generals office on Monday. His brothers Tone Hicks and Tyron McClendon greeted him upon release. Is Wakanda Forever too woke for Marvels own good? Ellis arrived with his then-partner, Duane Watson who is currently facing perjury charges after his testimony in a narcotics arrest was contradicted by surveillance video. Happy Holidays Termaine! Hicks was in South Philadelphia on the early morning of November 27, 2001, when he heard a woman screaming. Termaine Hicks, 47, on West Girard Avenue in West Philadelphia on Dec. 2, 2022. 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. 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. According to her filings, the process of constructing a cover-up began immediately. God saw fit to keep me alive. (Philadelphia, PA December 17, 2020) Termaine Hicks walked out of Pennsylvania prison SCI Phoenix yesterday. McGrody did not return calls Tuesday. At that moment, police, responding to the calls of several neighbors, arrived on the scene. The United States has settled a lawsuit with 15 women who said correctional officers at a federal prison in Florida repeatedly sexually abused them. Mr. Hicks, an Innocence Project client, was wrongly convicted of a rape that took place in Philadelphia in 2001. When Hicks nudged her, she did not move. Hicks survived, but was charged with the rape and sentenced to 12 to 25 years in prison. He was exonerated after 19 years. Mr. I feel 100 pounds lighter, he told the Inquirer. Through all the years of trials and incarceration, Hicks never lost faith. As a result of receiving this information, we have opened an Internal Affairs investigation into the allegations of police misconduct, the spokesperson said in an email. after a wrongful incarceration for 19 years. I liked interacting with all of it. All NRE reports represent a moment in time. 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. She couldnt clearly see her attacker in the dark, and she suffered a head injury. 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. Heres what that means. He was exonerated after the Philadelphia District Attorneys Office conceded that lead police He said he was meeting with McGrody, who could answer any further questions. 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. 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