Thursday, May 1, 2014

The Story of A False Confession That Lead to a Wrongful Murder Conviction


HOW A FALSE CONFESSION LEAD TO A TRAGEDY OF JUSTICE
The True Story of How Nathaniel “Hakim” Crampton & Joe Robinson Were Wrongly Convicted of Murder

There I sat, behind prison walls, bars and and a judgement of conviction for a murder of which I was 100% innocent. I was arrested in November of 1991 in Milwaukee, Wisconsin along with three others for a simple fight at a liquor store on Silver Spring Drive and North 60th street. While in police custody, detectives played the "interrogation game" by separating each of us, handcuffing us to a wall and telling us that the others confessed to the murder of Fernando Peralta, killed on October 17th, 1991 on the corner of 51st and Hampton. Neither of us had any knowledge of this crime. 

However, after 5 days of these interrogation tactics, 19 year Marc Henry falsely confessed and implicated myself and Joe Robinson after Detective Ray Farmer’s repeated lies telling Henry that Joe and myself had  already confessed and implicated him. This was a blatant lie. We went to trial six months later and were found guilty in April of1992. Before my sentencing my mother secretly tape recorded myself and Marc Henry over the phone as Henry explained how he was coerced and tricked to falsely confess and implicate Joe and myself. We took a signed recantation statement to Judge John Foley, who nevertheless upheld my conviction. Hence, subjected to the realities of prison life, sentenced to 45 years and over 400 miles away from my Michigan home, I was transferred to Waupun Correctional Institution with very little hope of returning home to my family. There  I focused on educating myself. I knew I had to acquire knowledge if I was to ever to mount an intelligent defense to prove my innocence. 

My late mother Kathy stood side by side with me mounting a legal defense with the hiring of Milwaukee attorney Patrick C. Brennan. We fought....and fought.....and fought, until the Wisconsin Innocence Project took my case in 2005 with the eager and capable law students of Karl P. Hayes and David Saltzman, who took my case to the then Wisconsin Parole Chairman, Lenard Wells, who looked closely at my case and of the time I spent in prison. Mr. Wells took an extraordinary chance on me and ordered my release from prison in 2006 on discretionary parole, allowing me to return home to my family in Michigan. It's been 8 years and I still remain on Parole until 2036, still wrongly convicted and still fighting to vindicate myself. 

The number of innocent men and women currently incarcerated as well as innocent people that have served certain amounts of time that were subsequently released without being exonerated, is one of the most important issues affecting America and its Criminal Justice system.The United States Department of Justice, Bureau of Justice Statistics, admits that statistically 8% to 12% of all state prisoners are either actually or factually innocent. That could mean as many as 2,000-3,000 people in prison wrongly for every 20 to 30 thousand incarcerated persons. That is an extreme high number.

In Wisconsin State Appellate Judge Schudson’s dissenting opinion in my favor, he stated:

“Crampton’s mother, a State of Michigan Corrections Agent, secretly tape recorded telephone conversations with Marc Henry, in which he disavowed his trial testimony and explained the incentives and inducements that had led him to testify falsely. Additionally, he signed a statement prepared by a defense investigator, summarizing his disavowal.[5] Still, as the State points out, at the post-conviction hearing, Henry again altered his account, and dismissed the significance of his phone conversations. But significantly, as Crampton contends, Henry could not explain away his phone comments; his claim that he made them out of fear was unsupported and illogical.[6] 

Crampton declares that “[t]he tapes do not lie,” and he repeatedly implores this court to give them the most careful consideration. He contends:

The tapes themselves were admitted into the record and the trial court indicated that it would listen to them before rendering a decision. (TR. 9/14/95, p. 90-97). Because these recorded conversations are at the heart of appellant’s post-conviction challenge, and because their true character can only be discerned by actually listening to them, appellant respectfully requests that this Court consider the tapes themselves (Exhibits #9-14), and not simply rely upon the transcripts which were received into the record.
The State does not dispute the importance of the tapes and/or transcripts. Yet, for reasons unknown, the record on appeal contains neither the tapes nor the transcripts of the tapes. 

Thus, I have serious misgivings about reaching any conclusion on Crampton’s appeal on this issue without first reviewing that portion of the record Crampton deems most important. If forced to decide based on the incomplete record before us, however, I would conclude that Crampton has satisfied the standard of State v. McCallum, 208 Wis.2d 463, 561 N.W.2d 707 (1997), and, therefore, that a new trial is required.

Accordingly, on both issues, I respectfully dissent.""

As you can see Joe and I lost not only the Trial, Post Conviction Hearing and the Appellate Review.....But we lost our FREEDOM. Joe was sentenced to a total of 15 years and I was sentenced to 45 years in Maximum security prison. If you haven't heard about my story, welcome to my Life....of which I spent 15 years in prison wrongly incarcerated. The last 8 years have been spent traveling this country sharing my tragic story thru Spoken Word Poetry, speaking at Schools, Colleges, Juveniles, State Prisons and Cafes. 

However, Im free not because I was finally vindicated. Instead I'm free because a lot of people fought for me, bringing my case to the attention of Rubin "Hurricane" Carter, who was once a Champion boxer and was framed for murder and too wrongly incarcerated. His organization, The Association In Defense Of The Wrongly Convicted based in Canada passed my case onto the Wisconsin Innocence Project, who ultimately helped win my freedom through a Parole Grant by Lenard Wells. Mr. Wells assessed not only my merits while incarcerated (wrongly i might add), but he also looked at my case, discussed it with attorneys, community activists and of course, my mother, who was the backbone of my whole 15 year fight for my freedom. Mr. Wells granted me a release on Parole and allowed me to return home to Michigan on September 12, 2006. Ironically, one of the law students who fought for my innocence graduated with his law degree and now works for the prosecutors office that tried and convicted me. His name is Karl P. Hayes and he is still one of my supporters along with Madison attorney David Saltzman.

As of today, my freedom is continuously in jeopardy of re-incarceration as I remain on parole 8 years later, having to abide by curfew, restrictions on travel, monthly reporting, etc. 

Although I did accept these parole conditions upon being released, for such reasons as to regain a freedom that rightfully belonged to me, and to finally return home to my late mother who had fought and waited a lifetime for her son to come home. Nonetheless I should not be subjected to any form of supervision or incarceration as a result of a wrongful conviction. As my trial attorney, Patrick C. Brennan says, “parole is incarceration without bars.”

I’ve held full time employment, volunteered at dozens of schools, mentored thousands of students across the State of Michigan, was a featured speaker/presenter at over 30 community events including Toledo’s 2 Mile March 2 End Gang Violence, The Annual Save Our Youth March in Jackson Michigan, helped organize Jackson’s Stop The Violence campaign, directed the documentary “A Mother’s Cry,” published three books along with a companion DVD/CD through The Academic Mentoring & Education Network, won or received nearly a dozen community awards and recognitions, received three National Poetry Award nominations in 2012, won the Spokenword Billboard Award’s Hot 100 Ranking Artist of the Year 2012, was selected as one of 2011’s Best, Bright & Most Beautiful People of Lansing by the New Citizens Press, wrote the column “At-Risk Youth Within Our Community” that appeared in the Jackson Blazer News from 2008-2009, performed before Judge Greg Mathis at Jackson Colleges Annual MLK Celebration in 2012, was the recipient two community awards from SAVE OUR YOUTH as well having had my name inscribed on The National Wall Of Tolerance, and am currently nominated by the Los Angeles Black Book Expo for The Most Innovative Award in 2014.

Im fighting not only to vindicate myself of a crime I am innocent of, but too I am impelled to call the attention to the continued ignoring of thousands, perhaps hundreds of thousands of innocent men and women currently incarcerated and those subsequently released that did not win exoneration. The United States Senate must call hearings on this issue. A reexamination of Prosecution tactics and Police interrogations must be looked at. Accountability for those wrongful convictions must be established. Its not fair that those guilty of crimes are held liable while those who wrongly incarcerate innocent persons are not themselves held accountable.

These are the nine (9) most common reasons people are wrongfully convicted:

1. Improper or mistaken eyewitness identification
2. Lack of adequate defense counsel
3. Improper or false police testimony
4. Loss or destroyed evidence (forensic fraud)
5. Lack of alibi for defendant
6. Fabricated evidence by the prosecution
7. Improper jury instructions
8. Prosecutorial misconduct
9. False confessions

I lost my freedom due to numbers 1, 3, 6, 7, 8 and 9. I was only eighteen years old and lost all of the formative years of my life sitting in prison for a crime I did not commit. I am just about to turn 41 years old and have yet to clear my name.

To learn more about this issue and my fight to vindicate myself, you can email me at: Hakimcrampton@gmail.com or log onto the following links:

SPOKEN WORD POET HAKIM CRAMPTON USES HIS PAST AS A TOOL TO INSPIRE OTHERS 

EDUCATION Vs. INCARCERATION: One Man’s Triumphant Journey

4 comments:

  1. I blog on Wordpress, which I have renamed Worstpress. I'd like to reblog your story there, with your permission and full credit/links back to this bloggers site. Let me know if you give your permission.

    http://www.theobamacrat.com

    ReplyDelete
  2. email is jblb2628@yahoo.com
    Your story needs to be read.

    ReplyDelete