♪ ♪♪ - 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.

[radio chatter] - move up, process the next person. - ok. - you can be next. - can we go? - yeah. - where? what side? - can i sit over here then? - yeah. - right. - right, right. you can hear me ok, chris, right? [tense music] ok. ♪ ♪♪ how has it been in here for you? - well, it's been getting harder. but at the end of the day, it's like, how can you stop,

and why am i here? - are you innocent? - yes, i am. - have you ever said that you were involved with this? - no, i haven't. - to anybody? - no. i never will. - if you're innocent, i'll keep going. it might take 10 years. it might take 15 years. and i just want to always keep your expectations realistic. - i honestly believe that one day, the truth will come out. [dramatic music] ♪ ♪♪

[indistinct chatter] - when i met jj, i remember thinking to myself, sure, yeah, right, he's innocent. but i knew from david lemus' palladium case how twisted the system can be. - how you doing, dan? - so in the back of my mind, i thought, maybe it's possible. ok. - you ready? - so-- yeah. are you ok? - yeah. - all right. so just-- yeah, just take me on a tour of this. - all right, for the most part, this area right here that i have covered,

it's a bunch of files, mainly legal work. this is where i have all my legal work at. this is my work desk. between here and my bed is where everything goes down in my cell. - that's right. - that's what they gathered. but they didn't know the whole story. not everybody's innocent in prison, but there are people like me. [soft music] ♪ ♪♪ i grew up in new york. ♪ ♪♪ my father was a cop. he was an amtrak police officer. my mother was a hard worker, union organizer. [cheering] baseball is my favorite sport. i used to play basketball with kids in my neighborhood. but eventually i just started going more and more down the wrong path. ♪ ♪♪

there has been a past that i am not proud of. ♪ ♪♪ i started selling drugs. ♪ ♪♪ i was able to get a car. i was able to get an apartment. i was able to put food in my son's stomach. [baby crying] ♪ ♪♪ you're traveling through life, and you're looking for a purpose. i was 18 when i found out vanessa was pregnant. i said, ok, this is my purpose. [chatter] ♪ ♪♪ he was a bundle of joy. he became my pride. i love my son. come on, jj. there you go. - [laughs] - i love both of my sons. ♪ ♪♪ when my second son was born,

i was getting used to being a father. it's all about family right now. i gotta get things right. no more selling drugs. you need to figure it out. it's gotta be something that's not gonna take you away from home. in the midst of doing all that, i get this phone call. and the phone call is like, j, police were at the house. you need to call them. ♪ ♪♪ [chatter] - there was a robbery at an illegal gambling parlor in harlem. it was owned by a former police officer by the name of albert ward.

two men came in to rob the place. one of them took out a gun and shot albert ward in the head, killing him. [chatter] [radio chatter] a couple of days after the murder, one of the eyewitnesses selected jj's photograph, his mugshot, as the shooter. and the search for jj velasquez began. - we had learned that there was a police that had gotten shot and that i was a suspect. i'm like, wait a minute, this is getting serious. ♪ ♪♪ everything was going through my mind. i just kept looking at my kids. i just wanted to get it over with as soon as possible. so my mother dropped me off in front of the precinct. my attorneys were waiting for me. i said, well, what do they want from me? and he says, they want you to stand in the lineup. they don't have a warrant for your arrest. you should go home. i'm thinking that i'm gonna go on a lineup, but i'm not gonna get picked, and i can go home.

i couldn't wrap my mind around being selected. there's, like, no possible way. and i told him, i'm going. it was the last choice i made as a free man. ♪ ♪♪ - several eyewitnesses identified jj in a live lineup as the shooter, and he was arrested for murder. ♪ ♪♪ he stood trial. he was convicted and sentenced to 25 years to life. [birds chirping] [engine humming] - when someone's incarcerated, the family is also serving time, doing the bid with them, as my son says.

i cry because it's an injustice. i cry because my grandchildren have had to live through this. but i didn't cry that my son was a murderer because i know that he's not. because you can't be in two places at once. 74 minutes on the day that they say that he committed this crime, he was on the telephone with me. and for that, i'm very grateful because i was at peace, always have been and always will be. - i remember that conversation because it was january 27, 1998, the day before my father's birthday.

while the shooter was at the scene of the crime in manhattan, i was in the bronx on the phone with my mother, and we had phone records showing that phone call. ♪ ♪♪ my father had died the previous year. it was going to be the first time we were going to celebrate my father's life without him. i needed my mother to be present. but vanessa, my girlfriend, and my mother were not speaking at the time. so i just kept pushing it until she finally agreed to come. and that's why i was on the phone for 74 minutes with my mother. - at trial, jj, his girlfriend, vanessa, and his mother, maria, all testified that jj was at home on the phone with his mother. but the jury heard all of this and still convicted him. the prosecutor basically argued they were all lying, that it was probably vanessa that was on the phone

with maria, and that maria would do anything to protect her only child. and it doesn't really make sense, does it, that a 22-year-old young man would be on the phone with his mother for 74 minutes. the prosecutors also argued five eyewitnesses had picked him out, and that his co-defendant pleaded guilty and said he did the crime with jj. that's a pretty strong case to overcome. but there were these nagging things, among them, jj's alleged accomplice, derry daniels. he was described as a dark-skinned black male who was restraining people with duct tape. he was picked out the same way jj was, a witness looking at mug shots. he had a long rap sheet. he was facing potentially life in prison. and he was offered 12 years if he took a plea.

when you're in a position like his, that's a pretty good deal. derry daniels pleaded guilty. he did 10 years in prison, and he was out by 2008. but when i read the trial transcript, i didn't see testimony from derry daniels, and that was surprising to me. you have a guy pleading guilty saying he did the crime with him. why wouldn't you have him testify? jj says he never met him before. my investigation would end right there if i could prove that derry and jj knew each other. darrely daniels did not want to talk. he went into his door and slammed it in my face. i did everything i could. i spent months trying to connect them. so did the da's office and the police. no one ever could connect those two guys. so how could two guys who don't know each other

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hi. hi, jacob. hey. hey. - for the most part, during my incarceration, i lived my life through pictures-- - oh, yeah! - what do you want to be when you grow up? - a power ranger. - you wanna be a power ranger? - a lot of events that i should have been at as a father... - [whining] ♪ ♪♪ - he wants you! - starting with birthdays. - you came to get some apples? - yeah! ♪ ♪♪ - i missed communion. i missed being able to just take them to the park, having a picnic, father and son, going to the beach... ♪ ♪♪ - wow, jj. you see? - teaching them how to play sports,

teaching them how to be a man. ♪ ♪♪ - that's better. ♪ every family has got to be ♪♪ - you can hear me? come over here, jacob. say something. - i love my father very much. - do your friends know? - some of them do. - what do they-- what do they ask? - like, sometimes, out of nowhere, they're like, oh, so where's your dad? like, he's in jail. and they're like, oh, sorry, or whatever. that's what happens. - do you always tell them that-- you always tell them that he's innocent? - yeah, like, if they ask, like, what is he in for, i'll be like, oh, he said he was innocent. they say he killed people, though. - yeah. - hello? - tell me about the hardship. tell me about the-- the result of this.

- on and off jobs, going through the shelter system, losing my apartment. it's been a lot. [chuckles] - and that's a direct result of-- - yes. he turns himself in, thinking he wasn't gonna be charged. and the end result, he did get charged for something that he didn't do. - you're the only person that really knows. - me and his mother. he used to speak to his mother a lot, hours on the phone. and, you know, me and his mother were going through our hard times at the moment, so we wasn't really talking. and it's like, my word to them wasn't good enough. [clipper buzzing] [usher's "confessions part ii" playing] - ♪ ain't ready for no kid and bye-bye to our relationship ♪ - oh, you got hair. - it's not fair. it's not fair to they mother. you know, i left her behind, two children, not much money.

she had to turn to another man for support. can i blame her? nah, i can't blame her. [upbeat music playing] she has to do what she has to do. i gotta do time. [usher's "dot com" playing] ♪ ♪♪ - it became clear to me that the evidence that convicted jj was only eyewitness evidence. [soft music] there was no dna. there was no fingerprints. there was no blood. there was nothing putting him at the scene. this case against jon-adrian velazquez begins with a key eyewitness named augustus brown. brown had been selling heroin at al ward's illegal numbers parlor. at the precinct, police found 10 bags of heroin in brown's underwear. they questioned him for hours. he ends up looking at more than 1,800 mugshots

before he picks out a picture of jj. augustus brown is the reason jj became a suspect. in my conversations with jj, i asked him, do you know augustus brown? he says, i don't know augustus brown. but i spoke to him one time. - during my trial, they sent me back to a bullpen, and there's another bullpen that's adjacent to it. i felt like somebody was staring at me. so i asked him, do i know you? and he was like, they-- they're making me do it. he said it just like that. he was like, they-- they're making me do it. i said, they're making you do what? and that's when the officer said, yo, they have a separation. get them out of here. and he's like, yo, i'm here because they're making me do it, and i don't wanna do it. i had no idea what that was. and they take him out. on monday, they call him on the stand.

and he testified against me. he said that i was the one who did the crime. ♪ ♪♪ - by the time i went to go speak to augustus brown with a couple of colleagues, he was locked up upstate. i wanted to document whatever he said, just in case he later denied it. so i decided to use a hidden camera. look, man, i'm very, very grateful that you decided to come in and talk to me. i appreciate it.

- right. - all right. [dramatic music] that was a huge moment for me because if it's not for him picking that picture out, jon-adrian would never have been associated with this case at all. (luke) alright, let's settle down, everybody. now that we have a completely new homes-dot-com with a beautiful new design— and the most in-depth info— all we need now is a new name. (marci) do we? (luke) so, we're gonna lock the doors and stay late until we find that name that's synonymous with shopping for homes. (marci) here's a wild idea: homes-dot-com?

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enrollment for medicare advantage plans ends december 7th. humana. a more human way to health care. [dramatic music] [door bangs] [chatter] - after i interviewed augustus brown, what he told me i felt was so consequential. here was the key eyewitness who first linked jj to the crime basically telling me he thought he picked out the wrong guy.

but there were other eyewitnesses that identified jj. within hours of the crime, eyewitnesses described the shooter as a light-skinned black man. some said he had braids. ♪ ♪♪ to me, it was clear that jj wasn't black. he was latino. and he said he never had braids. ♪ ♪♪ i wasn't gonna make any conclusion about his guilt or innocence until i spoke with everyone i could find. all of these eyewitnesses were very reluctant. so i decided to wear a hidden camera to get the truth. phillip jones was at the gambling spot that day. you know phillip jones? hey-- oh, i'm looking for philip jones. - no. - we had met once before. he had given me his number. but he hadn't been answering my calls. phillip jones? - no. [soft music]

- hey, phil. where did he move to? - down the block. a different house. - you changed your number, and you didn't even tell me. - yeah. what's up? oh, what's happening? - and by that time, he had signed an affidavit. i read him back his affidavit to ensure that that's what he really said. - i did. - "on 1/27/98, i was present at 2335 eighth avenue, "new york, new york. i witnessed my friend albert ward get shot and killed." - i saw that. - "on 2/2/98, i viewed a lineup, "in which i picked out an individual "as being the shooter. "i picked out this man because i thought "the man looked like the shooter, but i was not sure. "i told the police this was the guy, and i was sure. "but this was not the truth. "i felt pressured because the police were-- "the police were threatening to arrest me "and my brother, robert, for stealing "money that albert dropped on the floor after being shot. "i was arrested some time after albert ward was killed, "and two detectives came to visit me "upstate in groveland prison. "the detectives told me they got the right guy

"and would help me get parole. "i decided to testify at the trial "because i felt pressured by the police. "when i saw the defendant in court, i looked in his eyes "and knew i had picked out the wrong guy, and the guy on trial "i had never seen before. signed, phillip jones." - there you go. there you go. - but-- so that's all true? - that's all true. - but nothing-- - that's all true. - the guy still sits in prison. - no, that's all true, though. - so that was phillip jones. his brother, robert jones, was the one who gave a description to police that ended up in the sketch. ♪ ♪♪ he said, i think i got the right guy. but at trial, he thought that jj's half-brother in the courtroom looked more like the shooter than jj. - no one else has ever suggested that

jj's half-brother had anything to do with this crime, and there is zero evidence linking him to it. so then i wanted to know what lorenzo woodford made of it all. he was in the gambling parlor buying heroin from augustus brown. oh, man. - but when he looked at a live lineup, jj was holding number two. according to police notes, lorenzo woodford first says number three, then says, maybe number two, finally says, i'm not positive. ♪ ♪♪ by the time he testified at trial 18 months later, he was sure that jj was the guy. - the kid that i said did it, that's who did it, all right? i didn't turn him in. somebody else turned him in. all right? they had to have some kind of evidence. they didn't just take my word for it, all right? and if they don't believe he did it, let him go.

- dorothy canaday was another eyewitness. she had passed away by the time i wanted to speak with her. but when i got to the part of the trial transcript when she's asked to identify the shooter in the courtroom... ♪ ♪♪ she doesn't even identify jj sitting at the defense table. she points to juror number six. and the prosecutor even comes back at her and pushes her a little bit. like, are you sure? look around the courtroom. and she says, yes, that's the guy. i couldn't believe it. i couldn't understand how juror number six would vote to convict after someone picked him out as the gunman. ♪ ♪♪ you, juror number six, you were picked out when they said, point to the shooter in the courtroom. they picked you. - they picked me, yes.

that's the thing. it was only funny for the moment, but there's something wrong with that, you know? i mean, here she is. she's at the witness stand, and she's pointing at the jury box. - what does that say about the quality of the eyewitnesses? - bad. real bad. every one of the witnesses has a criminal record, or they-- you know, they're not credible at all. - eventually, 12 objective people, you being among them-- - yes. - sat around a table and all unanimously said, we believe the eyewitnesses. - i really think i didn't do the right thing. ♪ ♪♪ - the evidence that actually convicted jj was looking a lot weaker than when i first started learning about this case. the evidence at this point is pointing away from jj, not towards jj.

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[dramatic music] these offers won't last. [distant car horns honking] - you know what our deal is, right? - yep, never lie. always tell the truth and keep it honest with each other. - yeah. - yeah, coming down. - we're coming down. yes. - ok. [chatter] - this is the way to the school building. seeing the streets like that, you know, it gives you drive for freedom. [radio chatter] - right there on the other side of the mountains. home's not far. - happy birthday, jj. - thank you, grandma.

- ♪ dear jj ♪ happy birthday to you ♪♪ [cheering] [chatter] - what? - hey, come here. give me a kiss. pick you up in the morning to go see daddy? we got your bookbag and your school supplies. - are you going? - yeah, he's going. - he's going. - he made a pinky promise. - dang. [car door slams] [tense music] ♪ ♪♪ this is the jail that my dad is in. we had a lot of fun.

over there, there's a cell block. there's a boat over there. across is where me and my grandma live. there's a watch guard in there. he watches everybody. we're gonna see my dad on the next weekend. so, jacob, did you have a lot of fun? - yes. - you did? - yeah. [dramatic music] - let's begin in manhattan, where, for the first time in 35 years, there will be a new district attorney. robert morgenthau is retiring at age 90. and tonight, we learned who will replace him. cyrus vance, a former manhattan prosecutor who also spent time as a defense attorney, is the winner by a comfortable margin. - the new da had just been elected.

his name is cyrus vance. - in taking this oath, i am mindful of our dual responsibilities as prosecutors to protect the innocent from wrongful conviction as much as the victims who have been wronged. [applause] - so i went to da vance's transition website, and i saw the name of an attorney that i recognized from another story i had covered, bob gottlieb. [soft music] i knew i needed to get jj's case in front of some legal authority that could deal with it, whether he was guilty or not. so i called bob, and he asked to see jj's files. and he and his partner, celia gordon, decided to take the case pro bono. ♪ ♪♪ - we're going to the office of gottlieb and celia gordon. today is going to be the first day that i meet them.

it's been a long time that i've been waiting for this. and i'm filled with a lot of emotion. - what happened during the trial in and of itself raises questions for us as to whether or not this could be a wrongful conviction. we need to approach this in a very unbiased way and walk down the middle of the line right now in our investigation. - i know this has been a very long-- long haul for you. and tell me, i'm sure you have some questions for us. - i'm just waiting for the phone call that comes in to tell me some new evidence that's gonna free my son. [laughs] that's all i'm waiting for. - you can be sure we're doing everything to get to the bottom of this. - i believe that one day, it will happen.

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[dramatic music] [soft music] ♪ ♪♪ - when my son got locked up, i made a commitment to my grandchildren to try to give them the best life that i possibly could. i had them in catholic school. i saw them practically every day. i took them to see their father. i let my needs go to the wayside to meet their needs.

and i did the best that i possibly could. i-- sometimes i think i failed twice around. - no. - yeah. - no. - i'm 16 now. i made a mistake when i was 15. i had a fight with some kid, and i got locked up. - wow. wow. you look just like your father. - yeah. [laughs] - i had took this anger management course. i've been having anger since i was young. like, sometimes i don't know how to control it. it's not something i like to happen. - have you ever thought about why you get

so mad, like your whole life? - sometimes i-- i would like to blame it on my father, but then, like, i don't want to 'cause, again, it's like my life. like, it's my choices why i get mad. like, there's certain things that bug me. and that's not 'cause of him. it may have something to do with him, but it's 'cause of me. like-- - when you say because of your father, what do you mean? - 'cause, like, he's locked up. like, i don't like-- i don't like the fact that he's locked up. like, certain things get me mad. like, everybody that's on the basketball team bring their father to come play basketball. and it was going to be fathers versus sons. and, like, i felt some type of way about that. like, there's certain things that i couldn't do 'cause of just where my father is. ♪ ♪♪ the da's office or prosecutor's office should have had an independent internal check for the accused to make sure that justice is done in every case. i have proposed a conviction integrity unit for the da's office.

- the whole point of a conviction integrity unit, called a ciu, is to reinvestigate claims of innocence of people who were imprisoned and to prevent wrongful convictions. - we don't have anything to be afraid of. what we have to be afraid of is making sure that wrongfully convicted people are not staying in jail. ♪ ♪♪ - jj's lawyers, bob and celia, had been working on his case for more than a year when they decided to bring it to the manhattan da's newly-formed conviction integrity unit. ♪ ♪♪ - there you go, folks. - the beginning starts with this. - that's pretty big. - that's your copy.

- thank you. - what you have there is what we're gonna be presenting to the da on thursday. - ok. - you're going to the conviction integrity unit 'cause that's the most direct way. and we highlight what the legal and factual problems are with this case. the witnesses have recanted their identifications and changed their trial testimony. so that's the hook. that's the new information which tells the da, you've got to take a look at this. - so what we're asking the district attorney to do at this point is investigate all of these leads. everything that wasn't done before, do it now. - it's gonna take time. - all i know is time. - [chuckles] - that's all i know. i appreciate everything you're doing to work for my exoneration, hopefully, one day. and i understand how difficult this is. i know that it's gonna take time. and i know that there's a possibility that i might spend the rest of my life in prison.

this is the best i've ever had. i've never had a second chance, you know? this is it. thank you. - it should end at this stage. and if it does, we'll be there when you walk out. and if it doesn't, then we'll go through another door. - ok. thank you, sir. - they hand it over to the da's office, and they were told that a fair, thorough, objective reinvestigation would happen in a search for the truth. if you're looking for a medicare supplement insurance plan that's smart now... i'm 65. and really smart later i'm 70-ish. consider an aarp medicare supplement insurance plan from unitedhealthcare. with this type of plan, you'll know upfront about how much your care costs. which makes planning your financial future easier. so call unitedhealthcare today to learn more about the only plans of their kind

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only pay for what you need. [chatter] - hey. - hey. - hey. how you doing, man?

- good morning. - all right. this is honor block. individuals have to wait four years to get in here-- sometimes three years-- without a ticket, which means that their behavior is upheld modestly. however, a person goes through the wrong thing on the wrong time, and you say the wrong thing to them, you might be a victim. a man was killed in the basement right here, in the laundromat. and it was over a minor argument, you know, and it escalated to something bigger. and when he murdered him, the whole jail got locked down for approximately nine days. it's torture, but it's reality. and as long as there's breath in my body, i gotta fight. you know? i don't have a choice. i got a family i gotta get back out to. [grunts] [soft music] ♪ ♪♪

- you know his number? - mm-hmm. i can never forget it. - ok. - shoes on the counter. all right. step through the machine. good. all the way down. [keys jingling] ♪ ♪♪ - what's up, kid? - let's go. - i love you. - i love you, too. how you doing? getting them grays. [chuckles] what's up?

what's life like, man? - i just made five months today in my program. - five months? i thought you had more. - no. i've been locked up since november, but i went there on january 7. - what do you think your biggest issue is that you need help with? be honest to yourself. - i'm not gonna lie. the only thing is anger. - you got a lot of anger pent up. what-- what makes you angry? - it's just everything that i grew up in. i feel if you was there, it would be different. i know-- i know i wouldn't be where i'm at right now if you was there, though. - i feel the same way. - that's for sure. - i feel the same way. - i felt like from when i was little, everything was-- a lot was already taken from me. so i couldn't have what a regular person is supposed to grow up into, a mother and a father for me. - right. - things-- things that i was supposed to be given, like a mother and a father. - that happened because your father was blamed for something he didn't do. your mother knows this firsthand 'cause she was there.

my mother was on the phone with me, which is why my mother is in so much pain, because she knows i'm innocent. there's no evidence linking me to this crime because i was never there, j. what's happened to you is a product of what happened to me. and you have a right to be angry about that. but we gonna have to find a way to deal with it together, because you being angry is leading to what? it's not leading to anything positive. i don't want you to live this life, j. - i don't know how to change. and when i don't know what to do, i do what i know. and all i really know is the streets and how i grew up. - you had a rough upbringing, man. if grandma didn't come and pick you up every weekend for almost 12 years and bring you to see your father, you wouldn't know who i am. i wouldn't know who you are. and i love who you are. - i'm trying. like, i can't say i'm doing it, but i'm-- i'm making an effort, like.

- it's a process. - i'm changing now, but-- - i see it. - i just-- i just don't know when. for me, it's going at 360 going ahead. - well, you gotta get 180 before you get 360. and it looks like you getting-- - i'm like 120 right now-- - yeah, it looks you're getting-- - --going 120. - --120, maybe 140. - yeah. - grandma's on her way. mom. mwah. - mwah. mm. - i love you. everything's going good. - yeah? - we had some quality time together, right? put a lot of issues on the table. - yeah. - you got a pretty good understanding? - grandma, cookies. - she's on a diet. - diet. - remember? - peer pressure. - take them home. - peer pressure? - it don't work on me. [chuckling] - that-- see? that's what a true leader does. come on, let's get a group hug. mwah. i love you guys. - i love you, too.

i never really understand how it all got to him. i don't even know how to feel. i just know he'll be home one day. ♪ ♪♪ - you ready? - i'm ready. - all you're gonna do is tell the truth? - that's it. - at the end of that first decade, once i started to believe that he was innocent, there wasn't a night that went by that i didn't think about him lying in that cage. - how are you, sir? - welcome back. are we good? everyone good? - there wasn't a night that went by that i didn't think about his kids.

when "dateline" aired, i felt like i had done my job. and i thought people who took an oath, who were responsible for all of us, people who could take your liberty, people who can take your freedom, those people, i thought they would take it seriously. - we'll get right into some big topics that we want to talk about with you. we're all assistant das here in manhattan. we're very familiar with the facts of the case. - but what the da's office cared about was their conviction. that's what they cared about. - enough is enough! free the innocent! free the innocent! free the innocent! [dramatic music]

♪ ♪♪ - the more i'm learning, the more outrageous this is becoming. - we have another one. - another one? - this man had 13 alibis. how does this happen? - free john adrian velasquez. - now! i'll walk another 300 miles! - what's it going to take? - there were dozens of police reports that were withheld, and i see one that is a bombshell. - i didn't deserve this. - today, the truth has emerged. - for the first time since his conviction, jj was going to be in a courtroom again. ♪♪ matt gaetz, eight days, andrea, after being nominated is dropping out. >>