Recent forensic examinations by the chief medical examiner for the City of Philadelphia and an independent medical examiner conclusively prove that the officer shot Mr. Hicks three times in the back with one bullet entering near his spine, one in his buttock, and one in the back of his right arm. Hicks fought for years to get the forensic evidence in his case reviewed. 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. Hicks survived, but was charged with the rape and sentenced to 12 to 25 years in prison. 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. At one point, Mr. Hicks was considered for parole, but was ultimately denied because he refused to admit guilt, and continued to maintain his innocence. Termaine Hicks, 47, on West Girard Avenue in West Philadelphia on Dec. 2, 2022. The footage then shows a delivery van arriving, the flash of its headlights flooding the alley. In fact, the gun was registered as the off-duty weapon of another uniformed Philadelphia police officer. A jury believed the polices version of events over Hickss story. Vinson has not responded to requests for comment and Zungolo referred questions to John McGrody, vice president of the Fraternal Order of Police Lodge 5. Its unfortunate and sad that it took how long it took for me to clear my name.. Theres plenty of us who would give him help. Lauren Reynolds received $600,000 for her settlement - but she said it wasnt about the money. CIU chief Patricia Cummings said her office would not retry the case, as it was tainted beyond repair. Dennis Zungolo testified against him They claim they found him raping a woman in an alley near a hospital and December can be a busy month for exonerations, as prosecutors and defense attorneys try to wrap up cases before the end of the year. They had stage fright. Vinson and then-partner Sgt. According to lawyers, it shows a man in a hoodie dragging the victim into the alley. 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. After the 5th Circuits ruling, does DACA have a future? This is my ministry, he says. Upon entering prison, Hicks was forced to separate from his son, who was only 5 years old at the time of his sentencing. On Wednesday, after 19 years incarceration, Hicks, 45, was, at last, exonerated. The things that are promised to citizens should be delivered: a fair trial, and a fair look at whats being presented.. 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. California residents do not sell my data request. Listen: Stories about Black men spending years and even decades behind bars for crimes they didnt. S.T.E.P.U.P. The cover up of shooting an innocent man required the false testimony of three officers and the acquiescence of a dozen more. 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. That matched other witness statements that the attacker wore a gray hoodie, while Hicks coat had no hood. In the early morning hours of November 27, 2001, Mr. Hicks heard the screams of a woman being raped in an alley in South Philadelphia and went to her aid. On a November morning in 2001, Hicks had just walked his little brother, Tyron, to the bus stop in their south Philadelphia neighborhood, when he was called to be a real-life Good Samaritan. 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. He wrote and directed 12 plays in prison. A spokesperson for the District Attorneys Office declined to comment if it would pursue action against the officers. He served 19 years for a wrongful conviction. When Black Marxist Angela Davis found out her ancestors owned slaves. The world now knows what Hicks did and did not do. Terms of Use / Privacy Policy / Manage Newsletters, By Associated Press - Termaine Joseph Hicks was freed from prison in Philadelphia on Wednesday after serving 19 of 25 years on a trumped up conviction Hicks, now 45, was jailed in 2001 after Philadelphia cops Marvin Vinson and Sgt. Mr. Its a joyful day for me and my family, Mr. Hicks said after being released. A spokesperson for the District Attorneys Office declined to comment on whether it would pursue action against the officers. There were moments, but I did not give up, he said. NBC10s Brian Sheehan has his story. We empower youth to use their voice to prevent bullying and violence, says Hicks about his presentations at schools. His brother Tone There are no words to express what was taken from me, Hollman said in a statement after the settlement was announced. The reversal comes amid a recent flurry of exonerations as the citys district attorney, Larry Krasner, has aggressively pushed to revisit at least 16 questionable convictions. IE 11 is not supported. Termaine Hicks, Shot in the Back by Philadelphia Police, Is 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. Vinson told the court he saw Hicks attacking the woman and saw him reach for a gun. Hicks case is yet another example of the pervasive problem of police perjury in the criminal legal system. 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. Seeing so many inmates broken by the prison system, Hicks determined he would find his strength in God. One of the bullets that entered the back of his arm lodged in his chest, collapsing a lung and requiring emergency surgery. So, I could see the sun, or take a shower, or have a phone callbut only one. Until then, he just wants to spend time with his family as a free person. 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. WebSettlement Agreement. 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. For far too long the police have willfully lied with impunity; we need accountability, said Vanessa Potkin, director of post-conviction litigation at the Innocence Project, who represented Mr. Hicks. Hicks was in South Philadelphia on the early morning of November 27, 2001, when he heard a woman screaming. Several of the same investigators who worked to convict Wright were also involved in Hollmans case. He saw two men running away from a figure on the ground near a dumpster. I liked interacting with all of it. 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). Sometimes it comes out in the spiritual autobiography, but we dont ask. He was exonerated 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 served 19 years in prison. It was hard to maintain sanity.. I was writing Christian plays, engaged in independent study, and searching Scripture. Settlements for some of the women, some whom are currently still incarcerated there, were higher than the government had initially allocated to pay. Mr. Hicks was exonerated after the Philadelphia Conviction Integrity Unit (CIU), led by Patricia Cummings, joined the Innocence Projects motion to vacate his conviction. Hicks was not eligible for parole because he maintained his innocence and would not express remorse for a crime he did not commit. All Rights Reserved. Finally home, Mr. Hicks said hes most proud of himself for staying strong and remaining determined to prove his innocence. 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. He was exonerated after 19 years. According to the National Registry of Exonerations, police misconduct, like this, has played a role in 35% of wrongful convictions resulting in exonerations since 1989. 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. Termaine Hicks case marks the 16th exoneration since 2018 attributed to the Philadelphia District Attorneys Office Conviction Integrity Unit. The Registry also maintains a more limited database of known exonerations prior to 1989. His brothers Tone Hicks (left) and Tyron McClendon were there to greet him upon release. Philadelphia Common Pleas Court Judge Tracy Brandeis-Roman vacated the conviction and offered a bittersweet congratulations to Hicks. Abram Depp Settlement The farm of Abram and Lucy Depp was the first of this settlement of African Americans. Termaine Hicks was released from SCI Phoenix Prison Tuesday, Dec.16, 2020 in Collegeville, Penn. It was ready to take his case. Joint Stipulation of Mr. Hicks and the Commonwealth. The vision is to have these videos in every classroom. He turned S.T.E.P.U.P. But the surveillance footage was not provided to Hicks or his lawyers until after his trial had concluded. He said: I tried to get the male to, uh, you know, put his hands where I could see them, and he was reaching for something and I couldnt see it.. 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. Hicks didnt want his grandson to see him in prison. Bitterness is cancerous, and this knowledge frees up my mental space: I know God had me. Termaine Hicks was released from SCI Phoenix Prison on Dec. 16, 2020, in Collegeville, Penn. I do feel that, one case at a time, this system is being improved.. I could have just disappeared, but I want to be on the front lines. Exculpatory post-conviction evidence was shared with the Philadelphia Conviction Integrity Unit (CIU), which, under District Attorney Larry Krasner and Patricia Cummings, moved to vacate Mr. Hicks conviction yesterday based on the officers false trial testimony. The conviction was vacated, and the charge dismissed. The police froze the crime scene and catalogued whatever was there. Step up to it!. And I believe its impossible to say that did not contribute to the conviction.. Hicks tried to appeal his conviction, court records show, claiming that his former defense attorney had erred by not insisting that police show the enhanced surveillance footage. In this case, the new evidence came from Hickss clothing and his own body. 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. His brother and friend greeted him upon release. He said its a sentiment other correctional officers share. The city has settled civil-rights complaints naming Vinson and Ellis as defendants. 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. information about the Registry, Assault, Other Violent Felony, Gun Possession or Sale, Perjury or False Accusation, Official Misconduct, Inadequate Legal Defense. But Hicks has always told a different story: He ran into the alley to help the woman when he heard her scream. TALLAHASSEE, FLORIDA A federal grand jury has returned a twenty-one count indictment against Andrew Demetric Gillum, 42, and Sharon Janet Lettman-Hicks, Both a forensic analysis of Hicks medical records and a review of his clothing with bullet holes in the back, but none in the front supported Hicks account, according to the citys chief medical examiner. This article was published more than2 years ago. Hicks exoneration hinged in part on forensic analysis that cast doubt on his testimony. Termaine Hicks was released from SCI Phoenix Prison Tuesday, Dec.16, 2020 in Collegeville, Penn. Join our mailing list to receive the latest news and updates from the Innocence Project: Police Perjury Led To Wrongful Conviction. Hicks had been exonerated. 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. WebHicks Settlement Settled by Tobias Hicks and sons about 1800. The agreement announced Wednesday is the latest in a string of seven-figure settlements stemming from claims of misconduct by city police in the late 1980s and 90s. 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. You can learn more about how we consider cases here. But on December 16, 2020, all the news was good. Ignatius, Discernment, and You with the Rev. Potkin also drew parallels to a criminal case, USA v. Mortimer, in which Ellis reported recovering two illegal guns from a suspect during a 1996 traffic stop. Pennsylvania is one of 15 states that does not compensate exonerees. Judges denied Hickss requests for a new trial until this 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. We need a whole new system.. After 19 years in prison, hes been found innocent. WebThe Innocence Project and Philadelphia DAs Conviction Integrity Unit found evidence police lied to cover up the shooting of Termaine Joseph Hicks, a bystander who rushed to help 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. The gun that was entered into evidence was registered to a Philadelphia police officer. (Philadelphia, PA December 17, 2020) Termaine Hicks walked out of Pennsylvania prison SCI Phoenix yesterday. Website by MADEO. Falsely claiming under oath that Mr. Hicks wore a gray hoodie like that a neighbor described the assailant as wearing. Hicks said the officer shot him in the back as he was reaching into his pocket for his phone to call 911. 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. First, they had to show new evidence in order to ask for a new trial. 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? How Education for Ministry changed Termaine Hicks life Trinity Episcopal Church Call: 304-263-0994 Address: 200 West King St, Martinsburg, WV Online Digital Services Donate Home About Trinity Worship Parish Life News & Events Contact Us Trinity Episcopal Church > Church > How Education for Ministry changed Termaine Hicks life Hicks says Vinson muttered something like, damn, and then began to cry. She tried to get gas. 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. As he reached for his cell phone to call 911, two police officers ran to the scene. If seated, a Cherokee delegate could make a big difference in Congress, How the racial makeup of where you live has changed since 1990, Subscribe to About US to read the latest on race and identity, Examining systemic racism through the lens of his life, Understanding racism and inequality in America. Reynolds said she was raped by a correctional officer at Coleman for six months while serving time there. Mr. Help us advocate for the innocent by sharing the latest news from the Innocence Project. Heres what that means. Most of these kids had made a single mistake, he says, often as the result of bullying, and their entire lives were disrupted. One of those plays, Soldiers in the Army of the Lord, was performed at Graterford in 2012 in honor of Hickss EfM graduation. Police shot a Philly man, then accused him of rape. This dragging on, its like youre still living it, Reynolds said. Im just sad because honestly those officers got away with a crime, Rojas said. Should you have any questions or concerns, please do not hesitate to contact Doug Harper at (850) 488 Then, Hicks lawyers say, Vinson used his police radio to contact dispatch. The Innocence Project is affiliated with Benjamin N. Cardozo School of Law, Yeshiva University. Deep-seated police misconduct and institutional protections are too often the source of wrongful convictions and injustice in the system. According to her filings, the process of constructing a cover-up began immediately. To find an EfM group near you or learn more about EfM groups in prisons, read more here. Officer Martin Vinson and Sgt. She was badly beaten, so he reached for his cell phone to call 911. Court records for this case are available from Pennsylvania Eastern District Court. Is Wakanda Forever too woke for Marvels own good? They shot him three times in the back. Inmates were sick, some were dying. During his 19 years in prison, Hicks noticed how new inmates entering into the penitentiary were younger and younger. Jason E. Miczek / AP Images for The Innocence Project. Hearing a scream pierce the darkness, he ran toward Dunkin Donuts and Saint Agnes Hospital. I was already a devoted Christian, reading my Bible daily. after a wrongful incarceration for 19 years. I survived, he says, and I understood the gravity of the situation right away. Officer Martin Vinson claimed to have witnessed Hicks raping the victim. During his wrongful imprisonment, Termaine focused on his mental and spiritual health and used creative writing as an emotional outlet. He also reached out to the Innocence Project. Pennsylvanias statute of limitations for perjury and other relevant criminal charges bars prosecution after five years. Slichter describes her first visit to the prison. Its not the closure I wanted but its still closure., The 15 women suing said officers had sexually assaulted and abused them for years. It was founded in 2012 in conjunction with the Center on Wrongful Convictions at Northwestern University School of Law. They instead retired or resigned, and some still receive benefits from their federal employment. 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. A jury later convicted Hicks of rape, and a judge sentenced him to up to 25 years in prison. On December 16, 2020, Termaine Hicks received what he calls the best news Ive heard in all my life. Hicks learned that, after 19 years in prison for crimes he did not commit, he was finally going home. In addition to the Innocence Project, Mr. Hicks is represented by local counsel Susan Lin of Kairys, Rudovsky, Messing, Feinberg & Lin LLP. He wrote 12 plays and musicals while in prison and, now that hes free, he hopes to eventually produce and direct plays. Hicks was released from a state prison outside Philadelphia on Wednesday. He had his hand in his pocket because he was going to attempt to call the police when they arrived and shot him in the back. 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.. One was a 2015 lawsuit alleging that Vinson and another officer had dragged a taxi driver falsely accused of stealing a cell phone out of his cab and assaulted him. Again, no gray hoodie was found. The new analysis outlined a case in which ample physical evidence available 19 years ago ought to have been enough to clear Hicks, who was known in court records as Jermaine Weeks. Police Officer Martin Vinson said he shot Hicks in the chest or stomach as Hicks was pulling a gun from his pocket and lunging toward him. They were happy for me, banging on doors, he said. Latino leaders could collaborate with Black communities. 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. Black News and Black Views with a Whole Lotta Attitude. What she remembered was that after bright lights appeared, the assault stopped. She assumed those were police spotlights. After his dramatic exoneration and release from prison, Hicks spent six months just trying to ease back into society. All NRE reports represent a moment in time. 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.. In another, Ellis was one of a number of officers accused of beating a suspect and then arresting him for assault and resisting arrest. And he was unarmed. However, the court filings detail the role of Officer Robert Ellis, who testified at trial that he had recovered a .38-caliber Taurus from Hicks right jacket pocket. Dennis Zungolo. Hicks lawyers argue that was the light that caused the attacker to flee before Hicks, and then police, arrived. California residents do not sell my data request. Video footage showing the actual assailant dragging the woman into seclusion was never shown to jurors and soon disappeared from evidence. The officers falsely testified at trial that Mr. Hicks had lunged at them while armed with a gun that he pulled from his pocket. The latest Tweets from Termaine Hicks (@TermaineHicks). The website is updated daily, frequently with exonerations that occurred in the past. Vaccines dont work, masks dont work: Everything government told us about COVID-19 was wrong. Im a playwright, Hicks says. Then he pulled out the S.T.E.P.U.P. They lied under oath to cover up for shooting an innocent man three times in the back, Innocence Project lawyer Vanessa Potkin said. If the case had not settled, it would have gone to trial next year. God saw fit to keep me alive. A police spokesperson said the DA provided details on the allegations only after Hicks case was resolved. He said he felt the amount given to his clients was fair. Photo: Jason E. Miczek/AP Images for The Innocence Project. 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. Like the traveler in the parable of the Good Samaritan, the victim had been left beaten, bloody, and half naked. Photo: Peter Tobia. 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?. 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