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tv   The Sing Sing Chronicles  MSNBC  November 23, 2024 6:00pm-7:00pm PST

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- shots fired. what's your location? [radio chatter] - shots fired. what's your location? location? - ready? - yep. [sirens wailing]
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- 1, 3, henry, we got the car stopped at sagamore and bronx river in front of the highway. - do we have a homicide at 42 precinct? - unidentified male. we'll work all night through this. - it was right after 9/11. the nypd were the heroes of the city, the rock stars of the country. and i thought, maybe i can have access to the nypd to follow these detectives as they investigate homicides. [siren chirping] i was embedded with bronx homicide detectives-- - why don't you come down and open the door? - bobby addolorato-- - please back off-- - --and his partner, john schwartz. - this is a crime scene. - so you've been a cop a long time? - almost 20 years. - this is the twilight of your career. - supposedly. - i walked into that building so young, eager, so unbelievably naive. these were tough guys. and i was ready, you know, to see how they solved murders. that's why i was there. - that's dan the man on patrol-- - [laughs] - --in lower manhattan,
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new york city. - i didn't bang in today. we were out at dinner one night. and i said to bobby, you must bring this job home with you, everything that you see. and he says, i really don't, except this one case. this one case has been bothering me for about a decade. i said, what's that about? [tense music] ♪ ♪♪
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[horn honks] [indistinct chatter] - thanksgiving night of 1990, there was a shooting at the palladium nightclub. - one man is dead and another injured after a shooting at a manhattan hot spot. it happened early this morning at the palladium after some customers were thrown out for fighting. - police say some customers were thrown out, but they returned shooting. - markus peterson, a bouncer, was shot and killed.
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another bouncer was wounded. witnesses identified a couple of guys, david lemus and olmedo hidalgo. they were arrested, tried, and convicted for the murder of markus peters. but they convicted the wrong guys. - you think they had nothing to do with this crime? - i know they had nothing to do with this crime. and they still sit in prison. - bobby told me he knew who really committed the murder, these two other guys by the name of spanky and joey. and that really, really ate at him. and that's when i said to him, well, let's make this our story. let me follow you as you re-investigate this. [tense music] 1931 to 1960.
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- get the hell out of here. - i know, you see. - i feel like indiana jones in "raiders of the lost ark." - it seems to be missing, huh? - it seems to be extremely hard to locate. this case, it's about who committed the homicide of markus peterson. - yeah. - they're convinced that they got the right guys. - yeah. - and i guess it's up to me to put together the best presentation i can put together based on all the facts i have, to-- to try to change their minds. and hopefully, this will replace that. - at that point, david lemus and olmedo hidalgo
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had been locked up for more than a decade. it was hard for me to wrap my mind around. if they were innocent, why were they there? [gentle music] david lemus apparently bragged to a woman he was having an affair with that he had been involved with the murder. olmedo hidalgo is a bit of a mystery. a confidential informant gave a tip to police that he had been involved with the palladium shooting. from the beginning, david lemus and hidalgo claimed that they did not know each other. ♪ ♪♪
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- had you ever been at the palladium? - i went to the palladium one time in my life. - in your entire life? - my entire life. - it wasn't thanksgiving night? - no, it wasn't thanksgiving night. this was like, maybe a year before. - were you at the palladium on thanksgiving? - no. - have you ever been to the palladium? - [speaking spanish] - he says he doesn't even know where the palladium is at. - the shooting happened at the palladium on thanksgiving night at 1:00 in the morning. - right. - and where were you? - i was home because i was with my girlfriend, janice. - so then after you spend the night with your girlfriend, you go and spend that night with dolores a couple of days later. - right. a couple of days later, i spent the night with dolores. and i said, listen, you know, something happened last night. i was in the club, and a shooting had broke out. and i was involved with that shooting. and-- - based on what you saw on the news. - based on what i saw on the news. - that's the dumbest thing i ever heard anybody do in my life. - it's ridiculous. - why would you do that? - i was trying to portray somebody, portray an image that wasn't me.
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you know what i mean? and i figured, well, if i come at her like some kickass type of guy, she might think differently of me. i was trying to fill those shoes without actually being a part of it. and i just made, like, one of the biggest mistakes in my life, and admitted to something i didn't do. - how did you get involved in all this? - [speaking spanish] - he says he doesn't know. to this day, he still asks himself the same question. - describe to me the day the verdict was read for you. how did it feel? - [speaking spanish] [speaking spanish] he said to give him some water. [gentle music]
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♪ ♪♪ nobody wants to live in a cage like an animal. ♪ ♪♪ it's harder to accept being in here when you know you didn't do anything. you understand? and there's not a day that goes by that i don't say to myself, why? you know, out of all the things that you could have told dolores that day, why the palladium? eats you up. [chains rattling] ♪ ♪♪ i was born in the bronx. i was raised by a single mother.
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whenever you wanted to find me, all you had to do was go to the handball court, the baseball field, the basketball court. i had my childhood friends, where we were always together. you know, we were like charlie brown, you know, the little rat pack. my life was torn from me. my 20s were, i want to get out of prison, i want to clear my name, i want to be free again. there are always going to be people out there that say, innocent people don't go to jail. innocent people don't get arrested. he had to do something wrong. but these two detectives, bobby addolorato and john schwartz, truly believed that hidalgo and i were innocent. - so that's why we have to go speak-- - speak to him, yeah. - bobby just happens to have dan slepian, the producer of "dateline nbc" that's going to be following him around. he was young, eager, and green, but he was also hungry. so i was willing to take my chance with him because i had nobody else to take a chance with. [tense music] we're already in here for 25 years. we have nothing to lose because we already lost.
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- so what is that? - this is dd5 prepared by a detective at crime stoppers. - what it said is, caller overheard two individuals talking about being thrown out of the palladium, then coming back to retaliate. they bragged about shooting two of the bouncers. the call describes and identifies the males as follows, spanky, male hispanic, 28 years old, 5'8", light skin. second male is joey, male hispanic, 22 to 23, 5'6", medium, beard, mustache, earring, and he had a tattoo on the arm. the guy describes these guy as to a t. when this got called in, lemus and hidalgo hadn't even been arrested yet. - bobby told me there was a decade's worth of information that made a very, very strong case that david lemus and olmedo hidalgo were actually innocent, and these two other guys, joey and spanky, were actually guilty. - the palladium case was not my case. it was another borough. but in '93, i arrested a guy named joey pillot.
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and he admits that he participated in the palladium homicide. - palladium-- - --shooting at a manhattan hot spot. - so we went to corroborate joey's story. and then we find several more witnesses. the manhattan district attorney's office was notified. but they already had two guys locked up. eventually, in a hearing, joey pillot testified that he and spanky were the shooters. but the judge, he finds joey pillot to be not credible and denies the motion for a new trial. and david lemus and olmedo hidalgo are still sitting in jail for a crime they did not commit. so john and i decided that were would definitely leads we could follow up on. see here was david's problem.
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janice catala was a girlfriend of david lemus, who, when she was originally interviewed by the case detective, she said they were at the palladium. then she turned around and said that they were home. so i'd like to talk to her about exactly where they were that night. [gentle music] ♪ ♪♪ [radio chatter] ♪ ♪♪ [knocks] - hey, how are you doing? - how are you? - sorry to bother you. - it has to do with david lemus. we're reinvestigating that case. you spoke to a detective theis. and i don't know if you're going to remember who that is. - i remember that. - ok. - i remember that-- - how did that whole thing go? - --very clearly. at the precinct, that's when they told me, well, he's here for murder. - mm-hmm? - i said, for murder? that night, we didn't go anywhere.
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we were home. we ate. we did what we had to do. we watched tv. and that was it. we went to sleep. well, they kept on badgering me. and i mean, they were the ones telling me, you guys went to the palladium. - ok, from what you're telling me is, they told you this story about being at the palladium. - --at the palladium. - you never volunteered any of that information? - nope. - were you there that nigh? - no, i wasn't there that night. - was david there that night? - no, he wasn't there that night. - ok. did you sign a written statement? - no, i didn't sign anything-- - ok. you didn't write a statement? - i didn't write a statement. i didn't-- - did they-- they didn't ask you to sign anything? - mm-mm. - ok. were you ever called to testify at a-- at a trial? never. - never. - ok. - never. - when he was convicted of this murder, what was your feeling? - i couldn't believe it. i really couldn't believe it. and i kept on saying, there's no way. he was with me. i kept on telling them, but that can't happen. [somber music] ♪ ♪♪
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- this puts us in a lousy spot. - this-- this-- this is the position that all those bad cop movies are-- - right. - and we like to think that stuff like this doesn't go on. - right. - but i have no reason to think she's not credible. - no. - so-- - no, not at all. ♪ ♪♪ - we had somebody telling us that one of our brother officers had basically perjured himself in a police report. ♪ ♪♪ the foundations of everything that i believed in, at that point, were starting to shake. ♪ ♪♪ when i was younger my calling was to play football. but as i grew older i realized life isn't about how many people you can knock down. it's about how many people you can lift up. at ram, our calling is to build game-changing trucks.
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only pay for what you need. [tense music] - as part of his reinvestigation, bobby wants to speak with joey pillot, who had confessed,
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all those years ago, that he and spanky committed the crime. ♪ ♪♪ - nypd for a 1:00 visit. ♪ ♪♪ [keys rattling] well, you know what? joey, run through the whole thing, man.
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- oh, he did? - oh, really? - did you tell him? - why? - right. - i'm trying. - john and i, we've been working this. we ain't going to stop. we know the truth. you know the truth. i believed you back then. that's why i'm still here. [tense music]
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- joey repeated something critically important. his gun jammed. well, a live 9-millimeter round was found at the scene of the crime. that's physical evidence that matched what joey was saying. i became fully convinced that there was a real problem here. ♪ ♪♪ - bobby pulled in attorney steve cohen to get legal advice. - hi. - hi. - can i see steve cohen? - steve also believed that the wrong guys were in prison. he was one of the u.s. attorneys assigned to work with bobby years earlier, when joey pillot confessed that he and spanky committed the crime. - yeah you get, like, more establishment-looking
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each time i run into you. - steve was now in private practice and had been working pro bono to help lemus and hidalgo. in the year 2000, steve got a reporter to write a "new york times" article about lemus and hidalgo's plight. that article led a new witness to come forward, who said, i was there that night. spanky committed the palladium murder. but what came of that? nothing. - nobody ever deals with the fact that, at the time, at least, lemus did not speak spanish. and hidalgo, at the time, at least, didn't speak english. - this is a much better case against rodriguez than they ever had against lemus and hidalgo. you have two eyewitnesses who know the guy. you have three admission witnesses who said, after the fact, they admitted it to them. and then you have a co-conspirator who's confessing to it. i don't get this amount of evidence in a normal prosecution. now, if you look at him and you look at him, with lemus,
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it's possible-- - yeah. - --the other witnesses miss-id him. - the next step for bobby was to go down to the manhattan da's office to make his case about lemus and hidalgo's innocence. [tense music] ♪ ♪♪ - we actually don't know what we're walking into. the da himself can petition to vacate the conviction. i mean, we're going in telling the truth here. i mean, if they don't take our word for it, then you know what? that just means that the defense attorneys then have to file their papers and make their motions. - all right, boys. - and there's more time these guys are going to have to spend in jail while the wheels of justice grind slowly. ♪ ♪♪ - bobby.
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- i'm not going to comment right now about what i feel right now. - ok. nope. it's in your court. write a 440. and they'll probably consent to a new hearing. ♪ ♪♪ - i was expecting to have them look at the evidence and have a discussion about it, which didn't happen. ♪ ♪♪ somebody's got to listen. and if it's not going to be the da's office, it'll have to be a judge.
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[tense music] - in prison, you're just a number. they can tell you when to eat, when to sleep, when to shower.
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but they can't take away your hope. my mom, at that time, had moved to florida. mom didn't want to leave new york, obviously, because i was incarcerated. and i like, literally had to force my mom, like, hey, you got to go. go live your life. i'll be good. come see me once a year. [gentle piano music] ♪ ♪♪ - [humming] - he'll be glad just to have you there. - i want to make it festive. that's all. [phone rings] hi, honey. - hi, how are you doing? - all right, well, we're just having here, dinner. listen. - you know i have to make the food list, you know? - you want everything? - you want me to make you a arroz con gandule?
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- ok, well, that's it. this could go on forever. now, how many weeks we have? - 42 days? hey, but who's counting? - 42 days. but who's counting? - 42 days and how many hours? - ok, baby. all right. all right. ok. we'll be fine. ♪ i had to dye my hair. are you kidding? my son sees me like this, and i-- really, i only had an hour and a half sleep. here i am. ok? i have so many things in my head. i'm excited because i'm here to see my son, but at the same time, this gets me very depressed. and the good part is, i'm going to see him. and i'm very happy. i can't wait. i just really can't wait.
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♪ ♪♪ - our thanksgivings were awesome. you know, you're in different modular units. our mothers would be there, cooking food. i was like, oh, man, my mom is making turkey, and my mom's making pernil. and we have rice and beans and your stuffing. that was the one thing that i had to look forward to. - he's a man. you see pictures of him when he first started. it was-- he was so young, you know? but he's going to be 35 years old, has no life, no children, no nothing. it hurts more knowing that he's not guilty. [somber music] ♪ ♪♪
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- in my heart, i know that this poor lady on the other side of the wall, that's never given up on me, that always believed in me, you see her suffering. and you can't help but feel that could have been avoided. ♪ ♪♪ [indistinct chatter] ♪ ♪♪ [church bells ring] - the chimes. that's the chimes of freedom. [choral music] i was hoping they'd be out by christmas. come here and light a candle for hope, you know,
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and light a candle for david and olmedo and for markus peterson. try to seek some strength to carry on and get this job done. [intense music] ♪ ♪♪ - lemus and hidalgo remained in prison. several months later-- - is this on? can you hear me? - --in the spring of 2003-- - look at this. trees are blooming. - --the manhattan da's office says, ok, we're going to reinvestigate the case. start it over. - if you have to have our input on this, let's search for the truth, the box of tormented souls. - prosecutor dan bibb took over the investigation and assigned two manhattan detectives to work on the case. - a couple of manhattan detectives want to talk to you. - bobby and john were asked to go down to manhattan for a month to get the new detectives up to speed. - i think it's a great thing because i think anybody who looks at this is going to come to the same opinion. that's why i'm more than happy to do this. ♪ ♪♪
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- and the case file that he had never been able to find was there. ♪ ♪♪ - we found information that we believe never got to the defense attorneys. [tense music] one was spanky's sister-in-law, who called up, and she says, spanky was responsible for the palladium murder. photo arrays were done. identifications were made. and spanky was identified by their own witnesses. ♪ ♪♪ - they find more evidence, more information that the defense attorneys never got that implicated spanky and joey. - so i called the legal division. the lieutenant in manhattan south found out. and we were reprimanded. i was told point blank this is the da's investigation. this isn't a police department investigation. if they order me to do something,
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and i disregard that order, they could fire me. they're still in jail. you know what? so am i. i'm in jail in my own-- in my own city. you know? i've been stripped from my power to investigate a case. we've been treated like we're not able to make a difference. and that's what this job has always been to me, making some kind of difference. ♪ ♪♪ philip: when your kid is hurting and there's nothing you can do about it, that's the worst feeling in the world. kristen: i don't think anybody ever expects to hear that their child has cancer. it's always one of those things that happens to somebody else, but it's definitely feels like your soul is sucked out of your body when they tell you that it's your baby. and you would do anything to get them to the best place that they can be for their treatment.
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and i knew with everything in my soul that that was saint jude and that we had to get here. announcer: join the battle to save lives by supporting saint jude children's research hospital. please call or go online right now and become a saint jude partner in hope for only $19 a month. hunter: my name is hunter. i'm at saint jude because i had osteosarcoma. osteosarcoma is a special cancer that's in the bone. so they had to amputate my leg. [music playing] you're looking at a hero ♪ it takes a fighter ♪ kristen: good catch! (singing) you're looking at a hero in the fight kristen: my hero. philip: here at st. jude you don't ever have to worry about how much treatment costs. you never get a bill ever for any of it. announcer: when you call or go
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so steve reached out to prosecutor dan bibb to find out what the progress was. - message-- - this is dan bibb from the manhattan da's office. it is not my job to keep you up to speed on exactly what we're doing. what i can tell you is that the investigation is proceeding. there are interviews happening every day of people with information relevant to the investigation. i can also tell you that the investigation is not going to take weeks. it's going to take months. that's unfortunate for you. i apologize, but i have other obligations in the office besides this case. - it's pathetic. i believed, a month ago, that they were operating in good faith. i want to believe it now. if this is a crock, if there's nothing there,
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why is the district attorney's office investigating anything? and why is it going to take months? it's about whether the district attorney's office, in obtaining those convictions, complied with their legal duties. did they violate the law? at the end of the day, if i am able to prove that we are right and they are wrong, what conclusion are you going to draw about them? [tense music] - this whole case seemed so obvious to me. but after hearing that message, it started to give me a real education about how the system really works. ♪ ♪♪ i wanted to speak with the manhattan da's office. and i reached out to them many times for an interview. but they never agreed to give me one. ♪ ♪♪
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this police department, it's been good to me. i have no problem with the police department, but i have a problem with everything else that's going on. - how does it feel? - like before you get on a roller coaster scary, like you don't know what's-- you don't know what's coming. you know, it's-- ♪ ♪♪ - that's it, huh? - that's it. - you're retired. ♪ ♪♪ - i felt i needed to leave after what happened last year. - what do you mean, what happened last year? - the fact that the case, the palladium case, was taken away from me. and you know, basically, i was told i couldn't investigate that case.
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it's-- it's unbelievable. it's unbelievable. - not the way you wanted to go out? - no. [somber music] - not long after bobby retired, the defense filed a motion for a new hearing. - i thought the right thing was to go to the da's office, tell them what i knew, tell them that i thought the wrong guys were in jail-- again. they then said to me, give us six weeks. they asked us to delay as they investigated this case. 19 months is what it actually took. ♪ ♪♪ - steve cohen got two new attorneys to work pro bono to represent lemus and hidalgo. ♪ ♪♪ - within the 12 years that these two men have been in prison, not a single piece of evidence has surfaced showing that these two men committed the crime. - the defense was arguing that there
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was evidence that wasn't turned over that could possibly exculpate them. the da's office denied it. - morales was identified as an additional participant. - the prosecution's theory of this case was, oh, yeah, we know about spanky. we've always known about spanky. he's a third shooter with lemus and hidalgo. - the one person who both the prosecution and the defense agree was indisputably involved in the shooting has never been arrested and remains scot-free. - mr. bibb, i must say, there is something that's puzzling to the court. - it is the subject of continuing discussion within my office. - the point counsel makes is-- troubling. you know, it's if your theory is correct, why is that person unprosecuted? - that also is the subject of continuing discussions in my office.
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- by this point, dan bibb had been speaking with me, telling me that he believed that lemus and hidalgo were innocent. yet, here he is, standing up, protecting the convictions. i was shocked. when we see you standing up in court, at that point, do you believe that the conviction should have been overturned? - yes. it's not like i can jump up in a courtroom and say, let's set aside these convictions. i had a client. my client was the people of the state of new york, as represented by the elected district attorney. - so he was calling the shots? - he was aware of what was going on. - it becomes fairly, i guess, obvious that spanky had something to do with this. - it was obvious to me when i read the file that spanky had something to do with it. [tense music] ♪ ♪♪
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and is also being studied in hundreds of clinical trials exploring ways to treat even more types of cancer. it's tru. keytruda from merck. see all the types of cancer keytruda is known for at keytruda.com and ask your doctor if keytruda could be right for you. how are folks 60 and older having fun these days? family cookouts! ♪♪ playing games! ♪♪ dancing in the par... (high pitched sound) (high pitched sound) (high pitched sound)
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(hi[tense music]und) - both prosecutors and the defense agreed that spanky was involved with this murder, yet spanky remained a free man. i felt a responsibility to get to the truth. and that's when i found spanky. this is lemus and hidalgo. - no, i do not know any of them. - you don't know either one of them? - no. - you never spoke to them before? - no. - were they known in your neighborhood? did they hang out in your neighborhood? - nope. i've never seen them before. - is there anything else you want to say about it? - i just came on my own to fix a little problem with what they're saying, that i know these guys. i'm not hiding from nobody. they know where i'm at. they're saying that they got an abundance of evidence that i have something involved with this-- with this thing, and--
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and i just want to make it clear, in the record, that i don't know these guys. ♪ ♪♪ - i produced a "dateline" hour about the case in 2005. we put spanky on tv. and a couple of months later, he was finally arrested. - thomas "spanky" morales, an admitted former gang member from the bronx, is charged with second-degree murder in the death of markus peterson. - two of the bouncers who were there that night saw the shooter, saw the show, and said they were absolutely certain that spanky was the gunman. and that's what they testified to at the hearing. - there was a mistake of identification to where the guy that had the altercation with me was spanky. it was neither one of these guys. i've never seen neither one of these guys in my life. - meanwhile, lemus and hidalgo are in hell. they're living in rikers island, going back and forth to court for these hearings over the course of nine months or so. ♪ ♪♪
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- regarding the defendant, olmedo hidalgo only, the court accepts the people's recommendation. the charges are dismissed against mr. hidalgo. [applause] - no one could believe what just happened. after years and years of fighting, prosecutors walk into the courtroom and say, ok, we agree to vacate hidalgo's conviction. but lemus, they said he was still the shooter.
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- two months after hidalgo's release, judge hayes was finally prepared to make a ruling in david lemus's case. ♪ ♪♪ - he's coming this way. ♪ ♪♪ - [sobbing] [speaking spanish] ♪ ♪♪ - hopefully this is the day that all our lives begin again. - yes. ♪ ♪♪ - mr. lemus, your motion to vacate your convictions
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of murder and attempted murder, based on newly discovered evidence is granted. [sentimental music] ♪ ♪♪ - david! - oh, my baby. oh, my baby. - oh, yeah, everything is about crying. [laughter] - good luck, david. - good luck, david. - good luck. do something good with your life, man, all right? - thank you. - all right, man?
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take care of yourself. take care of your family, ok? - always. - all right. - bobby, how do you feel? - [sighs] i honestly feel like a weight has been lifted, man. i really do. you ever feel like something just lifts off you? i have that feeling right now. this was the highlight of my career. - how are you feeling at this moment? - i feel great. today is a very good day. - how does mama feel right now? - i really can't express the joy that i feel after 14 years. - i just want to just watch this and fade off into the sunset. [tense music] - after spanky was arrested, he made an argument to the court that you, the prosecutor, had so much evidence that i was guilty at the time of the crime,
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it is a violation of my constitutional rights to arrest me a decade and a half later, because i can't get a fair trial. and he won. and the case was dropped against him. it was all too much for prosecutor dan bibb. he retired from the da's office, disgusted, he told me, by how it handled the palladium case. but the da's office maintained that bibb was never asked to protect the convictions of anyone he believed to be innocent. then, the manhattan da's office retried david lemus for murder. spanky got on the stand and said he was the gunman, and he had no idea who david lemus was. why did it need to get to that? in the end, david lemus was acquitted. - were you surprised at the verdict? - oh, come on. - absolutely not. - once they found me not guilty, the prosecutors immediately stood up
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and walked out the courtroom. they take lives. and they never look back. and then they're not held accountable. there are hundreds of thousands of people incarcerated. if you have one that's innocent, that's one too many. during my incarceration, i met a lot of people that said they were innocent. but with jj, it was different. what i saw in jj was what i saw in my reflection in the mirror. when he spoke about his case, you see that hurt, that pain. you know, to just feel it in my gut, like, this guy is telling the truth. and this guy is me in another form. he became a friend. and his family became my family. ♪ ♪♪ i would give my life for him. i spoke to dan, and i was like, hey, you really need to talk to this guy.
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- i visited jj a few times, but i was busy working on the palladium case. so after david lemus's release, i went to sing sing with my camera to visit jj. - i need you to be honest with me every step of the way, good things, bad things, everything. - you have my honesty, dan. - you know when i bring this up to the people on the outside, so i think there's another case. - right. - like yeah, right, sure, everybody's innocent. - all i could do with anybody that doesn't believe me is to challenge me. go out there and find the facts of my case. and prove me guilty. because when you do that, you'll find that i'm innocent.
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♪ ♪♪ - i had absolutely no idea what i was getting myself into or how unbelievably deep this problem goes. ♪ ♪♪ [footsteps] - stay on him as much as you can, on his face, when-- you know, when we're talking.

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