APPENDIX: Characteristics of Exoneree Confessions
Brandon L. Garrett, The Substance of False Confessions, 62 Stan. L. Rev. 1051 (2010)
Name of
Exoneree

Sta
te

Bradford,
Marcellius

IL

Brown,
Dennis

LA

J/
M
R1
J

Examples of Non-Public or
Corroborated Facts and
Inconsistencies
● Victim was hit with a brick
– then changed in the
statements to a piece of
concrete
● Victim was kicked
BUT
● Testified victim found
inside car when found outside.
● Did no initially name
Saunders, then did at trial;
also named other persons
never located.
● Victim was wearing dark
blue jeans or slacks
● Victim was watching
television on her couch
● Couch was tan/beige/brown
● Rapist grabbed victim’s left
arm
● Facts about style/interior of
home
BUT
● Stated entered through
window when attacker entered
through the door
Brown had a learning
disability.

1

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

Guilty plea case – Bradford himself
testified in co-defendants’ trials

At Larry Ollins’ trial: “So,
when Marcellius Bradford told
you Larry Ollins did that, it fits
the evidence. And you know
he was telling the truth.” He
described crime scene
footprints and noted that they
are “more evidence to show
you that Marcellius Bradford
accurately truly described to
you what happened that day.”

“Q: Lieutenant Cauzabon, you
understand this is a very serious case?
A: Yes.
Q: Did you give any of this
information to Dennis Brown?
A: No, I did not. That’s the first
contact I had with him, sir.
Q: To your knowledge, did anyone
else give him any of that information?
A: Not to my knowledge.”

“And the things that were
presented to the police by Mr.
Brown were the ways that he
made entry into the house, the
fact that he grabbed the victim
by her left arm, a description of
the couch, a description of the
house itself, a description of
how the victim was dressed
that night, things that only
someone who was there would
have known. Not things that are
going to be printed there in the
newspaper that he could have
read about, but only things that
a person who would have been
there would have known.”

“Q: Sergeant Montgomery, this is a
very serious case. You know that.
A: Yes, sir.
Q: You’re stating under oath you did
not know what the victim had on that
night, is that correct? You did not
know the color of the couch?
A: No, sir.
Q: You did not know which arm she
was grabbed by?
A: No sir, I did not.
Q: And that the defendant confessed
to the rape of Diane Talley, correct?
A: Yes.
Q: And he gave you specifics as to
that rape?
A: Yes, sir.
Q: And he told you about the house?
A: Yes, sir.
Q: And he told you what color the

J indicates a juvenile at the time of arrest. MR indicates mentally retarded or disabled.
A indicates an audio recording was made of some portion of the interrogation. V indicates a
video recording. S indicates no recorded interrogation, but that a written statement was
prepared and signed.

2

Rec
orde
d2
S

Name of
Exoneree

Brown,
Keith
Cruz,
Rolando

Dean,
James

Sta
te

J/
M
R1

Examples of Non-Public or
Corroborated Facts and
Inconsistencies

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

couch was?
A: Yes, sir.
Q: And he told you how he committed
the rape?
A: Yes, sir. . . .”
Guilty Plea – No trial.

Guilty Plea – No trial.

NC

Unknown – Guilty Plea

IL

● Victim's nose was broken
(in taped confession)
In statement Cruz gave
describing a “vision”:
● the victim’s head was
bashed from behind
● the victim’s head formed an
imprint in the mud;
● the victim had been raped
anally

Q: During that period of time, from
the first time that you made contact
with Rolando Cruz, up until the time
that he has gone through and related
the vision to both you and Detective
Kurzawa, had you or Detective
Kurzawa every related any of the facts
that he put in the vision to you?
A (Vosburgh): No. We wanted to
keep all of those off of the street; any
knowledge about the crime scene, we
wanted to keep that to ourselves.

● Described layout of victim’s
apartment
● Described rape and
strangulation of victim
● Described hearing a sound
like a bone breaking, and
autopsy concluded that the
victim’s left arm was broken

Guilty Plea – No trial. But testified in
Joseph White trial.

NE

And he [Cruz] tells him in this
vision, she was anally
assaulted. There’s no way to
know that information. He
knows it because he was
there…

Rec
orde
d2

A

Who knows that is somebody
who was standing right there
when that stomping was
occurring, and she was being
hit, and she was smashed right
on the spot. That’s who knows
that. But it came to him (Cruz)
in a vision.

BUT Inconsistent descriptions
of Joseph White and described
memory problems and
inability to recall details
before speaking to law
enforcement.

Deskovic,
Jeffrey

NY

J,
MR

No records of mental
evaluation at time of
interrogations or trial
obtained, but at trial described
difficulty distinguishing
between dreams and reality.
● Gatorade bottle used to hit
victim
● Locations of “three distinct
crime scenes”
● Victim was carrying a
camera and location where it
was found ● Victim received
blow to the head
● The victim was dragged and
her bra ripped off

Asked, “…had you in any way
affirmatively related to Jeffrey the
knowledge that you had gleaned from
the results of the autopsy?” the
detective responded “No, I did not.”
When asked on redirect, “did you
yourself relate to any of those students
any of the observations that you had
made of the various scenes that you

2

The defendant knew “certain
intimate details that only the
true killer would know.”
The detectives “did not disclose
any of their observations or any
of the evidence they recovered
from Jeffrey nor for that matter,
to anyone else they
interviewed.”

A

Name of
Exoneree

Godschalk,
Bruce

Sta
te

J/
M
R1

PA

Examples of Non-Public or
Corroborated Facts and
Inconsistencies

First victim:
● Wearing a tampon, which
her attacker removed and
threw on the floor of her
room.
● Had a bedside lamp on
● Reading a magazine before
being assaulted
● Attacker entered through a
window
● Victim was a brunette

Quotes from law enforcement
testimony
had seen…” the Detective replied,
“No, I didn’t. they were given no
information at all.”
Detective described that a crucial nonpublic fact as to the first rape, that the
victim had a tampon, was volunteered
by Godschalk before the recording
was made. Similarly, as to the
second rape, he stated that Godschalk
had admitted before being taped a
series of facts that the Detective was
clear had not been made public,
including facts such as that a pillow
from the victim’s son’s bedroom was
used during the assault.

Quotes from prosecution
arguments

Rec
orde
d2

“Well, if he were guessing, he
was guessing pretty darn
good.” It was a “mathematical
impossibility” that Mr.
Godschalk could have guessed
correctly on so many nonpublic facts regarding how the
crime was committed.

A

BUT – initially said he
entered through a kitchen
window; the apartment had no
kitchen window

Gray,
Anthony
Gray,
Paula

MD

MR

IL

MR

Second victim:
● Assaulted in her bedroom
● A pillow from victim’s
don’s bedroom was used
during attack
● Victim was blonde
● Rape occurred on the floor
● Attacker fled after victim
said someone was returning
home
Unknown - Guilty Plea
● Location of crime scene
● Where cars were parked
● There were two victims
● One victim was kept at the
bottom of the stairs in the
abandoned house
● The second victim was shot
twice in the head from a very
close range
● The first victim was taken
to a field and shot twice in the
head and once in the back

Guilty Plea – No trial.

Guilty Plea – No trial.

“[S]he had taken us into the building
and somewhat described the events
that took place, you know, prior to the
two victims being killed. . . . After we
were in the apartment and she kind of
ran the think down to use she took us
across the street to a creek and
showed us where the second victim
was found.”

“Paula Gray made a statement
to certain members of the
police department and to
certain members of the State
Attorney’s office and to a duly
constituted Grand Jury. The
Defense has alleged that this
was a State induced statement.
The difficulty with this is that
the statement that she related to
you and its content fits like a
hand into a glove all the other
evidence that the State had
adduced.”

She said Dennis Williams “held the
gun in his hand, he reached down…
He took the gun and put it right next
to her head and fired two shots into
her head.”
As for the second victim, “They
walked him across Cannon Lane out
into the field down by Deer Creek…
She told me that he handed the gun to
Willie Rainge… and Willie Rainge
fired one shot into the man’s back.”

3

Name of
Exoneree

Sta
te

Halsey,
Byron

NJ

J/
M
R1
MR

Examples of Non-Public or
Corroborated Facts and
Inconsistencies
● Two children were killed
● Panties placed in one
victim’s mouth.
● Nails and blue cloth
hammered into one victim’s
head with a brick
● Scissors used in assault
● Red wire used in assault
● Semen in one victim’s
mouth

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

“…[H]e blurted out my kids are dead.
At that time there was only one child
when it was initially found.”

“And, ladies and gentlemen,
think to yourself, detectives –
[defense counsel] suggests that
the detectives fed it to the
defendant, suggested things.
They’re doing to suggest two
different times which he
committed the murders? …
Ladies and gentlemen, this
defendant, whatever he said
was written down.”

“Lieutenant Lynch again was telling
him that, you know, you’re the one
that wants to give us a truthful
statement. You’re not being truthful
with us. Then he finally did tell us
what he used to drive the nails into
[the victim’s] head.
Q. At any time was it suggested to
the defendant what the answer should
be?
A. No.”
“Well, the scissors that were found at
the scene were little scissors and we
subsequently used a unit of
measurement which most people
could be familiar with, which would
be a Kool filter king cigarette. But his
initial time I would say he had it about
a foot, he had the scissors about the
size of the foot… We again said, you
know, Byron, you’re already – I mean
he’s already gone through everything,
telling us exactly what has occurred
and yet he starts playing a game with
us… We said, Byron, you know the
scissors weren’t that long or words to
that effect. He was grinning… Then
he brought it smaller. . . Then he
made – then we used the Kool filter
cigarette as a unit of measurement and
that’s what he said the size of the
scissors were.”

4

Rec
orde
d2
S

Name of
Exoneree

Sta
te

J/
M
R1
J

Hatchett,
Nathaniel

MI

Hayes,
Travis

LA

J,
MR

Hernandez,
Alejandro

IL

J

Examples of Non-Public or
Corroborated Facts and
Inconsistencies
● Victim was a white woman
● Victim was forced into her
car
● Victim had infant car seat in
back seat
● Told victim not to look and
raped victim
● Implied he had a gun
● Told victim it was her
“lucky day”
● Left victim on service drive
near expressway
● Described victim’s pubic
hair
BUT denied taking victim’s
pursue or contents, whereas
victim described assailant
taking contents of purse
None; he simply agreed he
was present as a getaway
driver
● He and his accomplices
drove to the scene in a dark
green, late model Ford
● Abducted girl’s lip was
bleeding
● Victim was blindfolded, hit
with a bat and kicked on head
● Victim was dragged on
ground
BUT gave incorrect
description of a light and
described an appliance being
stolen from the house when
nothing had been stolen.

Jones,
David
Allen

CA

MR

Apparently at his first trial,
which was not obtained, a
defense expert conducted an
examination and found that he
was “dull-normal”
● Location of one crime
BUT He denied taking one
victim’s clothes off, describes
giving that victim money, and
being taken to location by the
victim

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

Q. Did you ever supply the
Defendant with details, specific
details of the offense so that he would
be able to recite them back to you
when and if he decided to give you a
statement about his knowledge and
involvement with these crimes?
A. I didn't.
Q. You say you didn't, so I will ask
the next question: Did you hear
anyone else or see anyone else
provide him with the kind of details
that he eventually later gave you
demonstrating his knowledge and
involvement in this crime?
A. No. As a matter of fact, as lead
investigator I was the only one privy
to such details at this point.

The Defendant not only
confessed generally to
kidnapping, raping and stealing
[the victim’s] car but also gave
very specific facts regarding
the crimes charged here. He
gave specificity as to the day,
time, circumstances, right
down to [the victim’s] purse
being stolen, and the car seat
for the baby that was in the
back of the car, and also to
ordering the victim not to look
at him during the course of the
incident so that she wouldn’t be
able to identify him later.

Rec
orde
d2
A

A
“He proceeded to state that … on a
certain day in February he was
referring to a burglary. He was
invited, had been planning with two
other named individuals for some
time a home located in Naperville, not
too far off Route 65, a short ways
from Aurora… They proceeded to the
scene in a late model Lincoln
Continental… Q. Did he describe the
color of that car at all to you? A.
Dark green...”

“And what did he say about her
was that she had a cut lip. And
you heard the testimony of Dr.
Cleveland that, in fact, Jeanine
had a laceration that was
through the upper lip, which is
just right there.
Now, where does that detail
come from? Alex
Hernandez…”

“He described the little girl as,
obviously, frightened. Her lip was
bleeding and she was pleading that
she wanted to go home.”

“Where’s that detail come
from…where does he get that
kind of detail if it doesn’t come
from the fact he knows about
her.”

Use of leading questions apparent
from recording:

Transcript could not be
obtained.

“You remember yesterday we showed
you that picture” and that it was “by
the water fountain” and “you
remember that gate we showed you
right there,” finally eliciting only a
response from Jones that was
transcribed as “This right here
(Untranslatable).”

At suppression hearing,
prosecutor argued he was
“volunteering information that
probably the detectives
wouldn't have known about but
for the actual suspect telling
them that information."

5

A

Name of
Exoneree

Sta
te

J/
M
R1

Examples of Non-Public or
Corroborated Facts and
Inconsistencies

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

Rec
orde
d2

“We claim, and the evidence
shows, that his statement is not
the truth. His statement is not
the way it happened.”

S

“Q. So you got behind her?
David Jones: Yeah.
Q. And you put your arm over her
shoulders like this?
David Jones: Yeah.
Q. And then you put -- so your elbow
-- so her neck and her face is facing
your elbow"
David Jones: Yeah.”

Jones,
Ronald

Kelly,
William

IL

PA

● Location of crime scene in
abandoned hotel
● Location of blood stains
● Victim was stabbed
● Described victim’s
appearance
BUT He claimed victim was a
prostitute who had
propositioned him and pulled
a knife on him.

MR

● Provided "somewhat
detailed account of the
murder"
● Admitted presence at
Dinger's Café/Bar with victim
shorter before her death
● Drive with victim to landfill
● Hit victim with a plank.
● Dragged victim to location
(which he identified) where

“Q. What kind of clothes did she have
on?
David Jones: I think it was black -brown (untranslatable) color. I forgot
what color. It was kind of dark -light colors or something.
Q. Light colors?
David Jones: Yeah.
Q. Tan?
David Jones: Something like that.
But I didn't pay no attention to what
the color was.”
“We went into the Crest. We went in
through the back door. We went into
the first floor and he showed us the
room – he showed us the room that
they went in to have the sex and also
showed us where the struggle took
place and where she was actually
stabbed. And while we were in there
he said that he also remembered
stabbing her more than once and
showed us also the same window, that
they came in was a window that he
had jumped out of.”

Guilty plea – no trial

6

“The Defendant says he was
taken back to the Crest Hotel
because they were showing him
what happened. If they were
showing him what happened,
why isn’t it in here? If that was
the reason for taking him back
there, why weren’t there details
about what room it was in and
where the blood was or
anything like that? . . . He knew
about the Crest Motel, Hotel.
He testified he knew the area.
They knew he knew the area,
so why are they going to show
him something he already
knows about?”
Guilty plea – no trial

Name of
Exoneree

Sta
te

Kogut,
John

NY

J/
M
R1

Examples of Non-Public or
Corroborated Facts and
Inconsistencies
body was found, and covered
body
● Confessed to raping victim
vaginally
But told police he did not
ejaculate (in fact perpetrator
did ejaculate)
● Description of victim
● Description of victim’s
death by strangling; autopsy
confirmed that victim had
been killed by a ligature
tightened around her throat
● Location of body, which
had been hidden in the corner
of a cemetery
● Location of victim’s ring,
pendant, and cracked heart
locket.
● Color of pants, jacket,
blankets found at crime scene
BUT stated jewelry removed
from crime scene, which was
not accurate

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

Rec
orde
d2

A detective stated Kogut “described
[the victim] to me at fifteen to sixteen
years old, dark hair, medium long
hair. She was wearing a blue denim
jacket. He thought maybe a dark top
and dark pants. And that she had on
white hightop sneakers.”

“[H]e pointed to the exact spot
where the body of [the victim]
had been…”

V

Kogut “observed, or he noticed, that
she had jewelry on. And he said, on
particular item looked like, it
appeared to be a heard on a chain. He
said there were other charms, but he
doesn’t recall what they were like. It
looked like a portion of it was broken
off.”
Detective described Kogut as
admitting to burying the victim “in a
shallow grave” in a cemetery, and
specifically “in the corner of the
cemetery.”
“He was accurate with the description
of the clothing, other than the – well,
in his own mind, other than the
blouse. He wasn’t sure.”
The detective described that blankets
from the crime scene were
immediately removed for lab analysis
and none photographed them at the
crime scene.

Laughman,
Barry

PA

MR

● Victim received head
wound not visible to naked
eye but uncovered during
autopsy
● Victim killed with entire
bottle of pills in her mouth,
and pill bottle placed in her
hand
● Victim was raped
● Victim was wearing only a
bra
● White rag found in victim’s
hand

“Q: In the same answer there’s a
statement about the victim wearing a
bra and the Defendant I believe the
words slipped it up. Had anyone
talked about the clothing that the
victim was wearing at the time that
her body was discovered?
A: I had not talked to anyone about it
other than police involved in the
immediate investigation.
Q: Particularly had you told the
Defendant or any members of his
family?

7

“So if you believe the
defendant, you have to
disbelieve… [s]even detectives
and police officers…”
“Also ask yourselves, if the
police wanted to falsely
incriminate the defendant, if
they wanted to make up a
confession, to frame an
innocent man, couldn’t they
have done a better job? I
suggest to you that what’s in
that statement is what the
defendant said. It’s not
Detective Volpe’s words.”
“He described that broken
heart. Now sure the police
knew at the time they
interviewed him about that
broken heart. . . But they also
knew about that unicorn that
they found. Why isn’t that in
the statement if they made it
up, to jive with everything they
knew? I suggest it’s not there
because the defendant didn’t
recall that. But he recalled that
double heart.”
Not transcribed.

A

Name of
Exoneree

Sta
te

J/
M
R1

Examples of Non-Public or
Corroborated Facts and
Inconsistencies
● Number and brand of
cigarette butts found at the
scene;
● Blue cloth bag and shoe
box with money inside
● Described victim’s house
BUT initially described seeing
the deceased victim through
her window, which was
impossible including because
there was no light in the room

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

Rec
orde
d2

“Steven Linscott not only
described how a young lady
had died in a living room
setting, how she was first on
her hands and knees and then
fell to the floor. He
demonstrated with up and
down full extension of the right
hand what he saw the man do.
That is consistent with high
velocity blood stains found on
her body and the apartment.”

A

A: No, sir.
Q: That same series of answers goes
to talk about the fact that he had sex
with her. Had the facts that semen or
seminal fluid or sperm, whatever,
been found during the course of the
autopsy been released to the press or
to any family members or any of the
general public?
A: No, sir.
Q: That statement also talks about the
use of the pills, the language saying
dumped the whole bottle of pills in
her mouth. Had the cause of death
itself been released to the public?
A: No, it had not.
Q: Had you discussed the cause of
death with the Defendant or any
members of his family?
A: No, sir.”
“There were certain things in this
crime that only the person responsible
would know. This was one of them.
This injury was not visible to the
naked eye until Dr. Mihalakis
removed the scalp and the
hemorrhaging was underneath the
scalp itself.”

Linscott,
Steven

IL

● Described murder victim’s
living room, including
lighting, wood panels, table
and door
● Describes weapon as a
tapered metallic object, then
tire iron or a blunt object
(blood and hairs were found
on a tire iron found in bushes
in front of victim’s apartment
building)
● Victim did not physically
resist or scream
● Described attacking motions
consistent with blood stains
● Described the victim
receiving seven blows to the
head and other blows on her
body (consistent with autopsy)

“We don’t use leading questions. I
don’t. I don’t use leading questions.”
“He physically stood there and
demonstrated to [the two officers] by
moving his arms how the woman was
beaten.”

“Suffice it to say in those tapes
he supplied information only
the killer … would and could
know… He elaborated in
detail…”

BUT Statement described a
“dream” which incorrectly

8

Name of
Exoneree

Sta
te

J/
M
R1

Lloyd,
Eddie Joe

MI

MR

Examples of Non-Public or
Corroborated Facts and
Inconsistencies
described the race of the
victim, the location of the
body, and did not describe
stab wounds
● Described the victim having
been sodomized with a bottle.
● Green color of the bottle.
● Described strangulation of
victim using a ligature,
including how he grabbed her
throat, consistent with finger
marks
● Described pushing up
victim’s sweater and bra.
● Described “her clean Gloria
Vanderbilt jeans.”
● Described victim’s gold
colored earrings
● Described victim’s
underwear left on a tree at the
crime scene
● Described leaving victim
laying on her side
● Diagram of crime scene
● Described street light on
wooden telephone pole near
garage where crime occurred.
BUT Lloyd, committed in a
mental institution had written
letters to police regarding a
host of crimes. Lloyd
described this rape occurring
in a stolen car, and the license
plates matched an inoperable
and different vehicle.
He incorrectly identified the
location of the body on the
diagram of the crime scene.

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

Rec
orde
d2

The lead officer explained the
“standard policy” to keep
“confidential” “until time of trial”
details such as “the caliber of the
weapon used in any homicide”
because such information can be used
to evaluate leads. “You have to keep
that information confidential to weed
out good and bad information so that
you’re not continually spinning your
wheels or following down
inappropriate leads…”

The taped confession “was
shocking and graphic in the
detail that he gave. Keep in
mind that this was not a taped
statement in which the police
officers were spoon feeding
information to Mr. Lloyd
where he was just parroting
back answers like yes or no.”

A

“The information that he had put in
the letter was confidential information
known only to myself and to the
members of the Squad 3 who made
the scene that morning at the garage.
The information was in regards to a
bottle which had been inserted in a
particular area of the victim. This was
known only to us.”
“He brought up the bottle and this
time he brought up the color of the
bottle which hadn’t been mentioned.
It is a green bottle.”
“He brought up another important fact
regarding her Gloria Vanderbilt jeans.
There were corduroys found; he stated
where they were found. He stated
there were a second pair of pants he
took from the girl. He said recently
washed, her clean Gloria Vanderbilt
jeans. He described the color of the
stitching, the independent patch they
had in the back of the pants.”
“[H]e physically showed how she was
laying on her side, which is exactly
how she was in the garage in the
photographs we have with the knot
around her neck…”
“I asked him what kind of earrings
were they, and he described them to a
T, curly Q, gold colored… He
emphasized where the ears were
pierced, he drew it in detail. He

9

“[I]f he had come there maybe
sometime after this offense,
how would he have known
about the underwear on the
tree, as ‘his calling card?’ The
evidence technicians were out
there, they processed the scene,
they collected evidence. How
would he know about the
underwear on the tree if he
visited the scene after the
incident had taken place?”
“All of these being details that
were never disclosed through
the media or general public.
The only ones who knew it
were the homicide investigators
and the killer.”
“The area was secured, no one
else was allowed in and it
wasn’t until sometime later
when Officer Degalan and the
evidence technician, Officer
Babcock, went inside that
garage and ended up moving
the body that the bottle fell out.
That was the first time they
knew about it, and as Officer
Degalan indicated that was not
a publicized matter…Aside
from the homicide investigators
and Evidence Technician
Babcock, the only other person
who would have know that was
the killer, Mr. Lloyd.”

Name of
Exoneree

Lowery,
Eddie

McCray,
Antron

Sta
te

J/
M
R1

KN

NY

Examples of Non-Public or
Corroborated Facts and
Inconsistencies

● The victim’s house was on
the corner of the street
● The house was white
● Entry took place in the rear
of the home
● The screen door was torn
and the latch flipped for entry.
● A kitchen knife was used;
the victim was struck with a
knife handle.
● The victim’s gown was
pulled off.
● The victim’s face was
covered with a pillow.

J

BUT Stated that the knife was
thrown down after the rape,
when although a knife was
found at the victim’s home, it
was determined not to have
been the murder weapon.
● Described female jogger
● Described her clothes ripped
off
● Described jogger being hit
with a pipe
● Described location of attack
as “by the reservoir”
● Described rape
● Described in detail other
attacks in the park that night,
including of a male jogger

Quotes from law enforcement
testimony
brought it up spontaneously. It
surprised me."
“Q: You just simply asked him, what
happened and he provided all the
information without any knowledge of
what might be the correct answer
from you and Officer Malugani?
A (Officer Johnson): He provided the
answers to us that no one else could
have known.
Q: And you had not provided those
answers to him prior to making those
admissions?
A: No, sir, I did not.”
“Q: Then throughout this admission
portion that Eddie Lowery made
you’re saying that he (Officer
Johnson) or you at no time
volunteered any information where all
he had to do was finally say, yes,
that’s right.
A: This is correct”
Q: And after you asked Antron
McCray to tell you what happened
with the
female jogger, did he make statement
to you?
A: Yes, he did.
Q: And what if anything did he say to
you?
A: He described exactly how the
female jogger was, who attacked her,
who hit her…. How he kicked her.
How her clothes were ripped off and
how different individuals, including
himself, being number three, jumped
on top, followed by two other
individuals.
Q: How long did Antron McCray
speak when he described to you what
he and others had done to the female
jogger?
A: Again it took about half an hour.
He was very quiet and took his time
describing what happened.

Quotes from prosecution
arguments

N/A

“You heard in that video
Antron McCray was asked
about what she was wearing
and he describes she was
wearing a white shirt. This is
the shirt that Patricia Meili was
wearing. You saw the
photograph of what that shirt
looked like. There is no way
that he knew that that shirt was
white unless he saw it before it
became soaked with blood and
mud. I submit to you that
Antron McCray describes
details and describes them in a
way that makes you know
beyond any doubt beyond
reasonable doubt that he was
present, that he helped other
people rape her, and that he
helped other people beat her
and that he left her there to
die.”
“If the detectives made that
up… why doesn’t the statement
have more details in it? . . .
Look at the information that is
contained in that statement.
It’s not the information that
would be a signed, sealed and

10

Rec
orde
d2

V

Name of
Exoneree

Miller,
Robert

Sta
te

OK

J/
M
R1

Examples of Non-Public or
Corroborated Facts and
Inconsistencies

● Victim was attacked in her
kitchen
● Victim was wearing a
nightgown and robe
● Described victim’s bedroom
accurately, including location
in the house, that it included a
night stand with a lamp, and a
religious picture over the bed
● Second victim killed in
front bedroom
● Second victim’s electricity
had been cut off
● Second victim wearing a
nightgown
● Perpetrator tore his clothes
during the attack and left a
piece of his underwear behind.
● Second victim raped more
than once on bed, covered
with sheets
● Second victim’s hair was
pulled.
● Perpetrator wiped his
bloody hands on her bed
sheets.
● Described the positions in
which the bodies were found.

Quotes from law enforcement
testimony

“When we arrived at the front of
[second victim’s] residence, and
specifically we were standing at the
northeast corner of [her] house, he
pointed to the windows on the east
side of the residence at the front of the
house and he said that that was the
bedroom in which [she] was at the
time she was killed. And this was
interesting to me at the time because
the fact that these windows, all of
[her] windows were totally covered
and that you could not see into these
windows or see out, either one. It was
interesting that he knew that that was
the particular room since no one could
obviously see into those windows.”
A detective denied showing Miller
crime scene photos or photographs of
the victims.

Quotes from prosecution
arguments
delivered statement, that the
police gave to Antron McCray
to say, okay, this is what you’re
saying… Look at the details
that are in there. Those details
corroborate all of the evidence
that you have heard in this
case. They corroborate the
photographs. They corroborate
the testimony you heard from
other people.”
“There’s only one way that
Robert Miller knows what’s in
Anna Fowler’s bedroom and
that is because he was there the
night he killed her.”

Rec
orde
d2

V

“He described the details …
details that only the killer could
have known.”
“He knew the intricate details.
How did he know them? Now,
sure, like he said, he threw in
some other stuff. And if you
listened carefully, these
detectives never once
suggested an answer to him.
They might have repeated
questions over and over. Never
once – they didn’t suggest he
[left] his underwear. As a
recall, well, he may have left a
shoe, he may have left a glove,
and then he said, no, he may
have left his underwear. They
didn’t suggest that to him. “

BUT, among other
inconsistentcies, he described
stabbing both victims, and
neither was stabbed.
Ochoa,
Christophe
r

TX

● Victim was shot one time in
the “back of the left side of
her head”
● Victim was shot while
kneeling on her knees
● Victim’s hands were tied
behind her back with her bra
and her ankles tied together
with her blouse, her mouth

Guilty plea – no trial. But testified in
trial of Richard Danziger.
Ochoa described his own
interrogation and stated: “Q. Did
anyone in the Police Department tell
you the facts of this crime so that you
could make these statements? A. No,
they did not.”

11

A

Name of
Exoneree

Sta
te

J/
M
R1

Ollins,
Calvin

IL

J,
MR

Peacock,
Freddie

NY

MR

Richardson
, Kevin

NY

J

Examples of Non-Public or
Corroborated Facts and
Inconsistencies
gagged with her scarf.
● The water from the sink in
the women’s bathroom was
left running
● That sink was clogged with
aprons.
● The restaurant had been
wiped down to prevent
leaving any fingerprint
evidence.
BUT he incorrectly described
the gun used and how he
gained entry to the restaurant.
● The victim was raped.
● The victim was killed by
being smashed in the head
with a piece of concrete
● The victim was kicked
repeatedly.
● None –

● Description of height,
weight, build of victim.
● Description of color of
victim’s pants and top
● Description of crime scene
● Description of other attacks
in the Park
● Victim was hit with a pipe
covered with black tape

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

Rec
orde
d2

Transcript could not be obtained
(confession statement was obtained)

Transcript could not be
obtained

S

“Remember the description that
Kevin Richardson gives about
the pipe that was used? Think
about what he told you about
the pipe. He said there was
black tape all over it. Well, if
you only saw a person holding
that pipe and if you only saw it
for brief moment when it was
being used on somebody how
would you know there was tape
all over it? How would you
know it went from end to end?
And even more important how
would you know as Kevin
Richardson does that that pipe
is heavy? You only know that
if you yourself held it if you
yourself wielded it on that
night.”

V

All he could say to the police about
the crime was “I did it. I did it. I
raped the girl. I did it.”
The detective admitted that though he
made efforts to provide Peacock with
details concerning the case, Peacock
“couldn’t recall the details.”
“Q: In your questioning of Kevin
Richardson did you ask him what the
female jogger looked like?
A: Yes I did.
Q: And did he give you a description
of what she looked like?
A: Yes he did
Q: Do you recall what he told you?
A: Again I have to look at the notes.
He described the subject as female
white in her twenties, short hair, gray
jogging pants with bike tights and
white tank top.”
“Q: And during the course of this
statement you didn’t suggest to him
the words to use?
A: Pardon me?
Q: You didn’t suggest the words to
use?
A: I didn’t suggest anything, no.”

“If you take the time to look at
the evidence in this case, if you
look at what the defendants
said, the evidence in this case

12

Name of
Exoneree

Rollins,
Lafonso

Salaam,
Yusef

Sta
te

IL

NY

J/
M
R1

J,
MR

J

Examples of Non-Public or
Corroborated Facts and
Inconsistencies

● Identified victim from
series of photographs and
signed photo
● Stated date of crime and
address for crime at senior
citizens home
● Described method of attack,
as victim entered apartment,
pulled a knife, told victim not
to yell, and was given $60.
● Described ordering victim
to take off clothes,
masturbating on victim, and
wiping self with pillow case
before leaving. Serologist
identified semen on victim’s
pillow case.
● Described attack on a
female jogger in Central Park.
● Described rape.
● Victim was hit with a pipe.
● The pipe was about sixteen
inches long, with tape on it.
● Victim’s clothes were
partially removed

Quotes from law enforcement
testimony

“Q. Now, Officer, after Lafonso
Rollins told you that he did not have
any involvement with that particular
offense, isn't it a fact that you told him
the actions of that offender? A. No,
sir, it is not. Q. You never told Mr.
Rollins what you believed to have
happened to [the victim]? A. No, sir,
I did not.”
“He had stated that it was an old lady.
There were a number of Polaroid
photographs. I had him look through
the photographs. When he got to the
victim… he said, that’s the woman
that I was talking about on January 9,
1993, the one that I robbed with a
knife and then ejaculated on.”
“A: He told me what happened in
Central Park. . . He, Yusef, said at
approximately eight o’clock he was
outside of his building on Fifth
Avenue with group of friends and . . .
that they all went into Central Park. . .
he saw a female jogger coming down
the path. Kevin ran out and stopped
her. She started to struggle with
Corey. He said he stepped up to her
and he hit her with the pipe. He said
she went down but she was still
struggling. So he hit her with the pipe
again. He then said he then went
down on the floor and he was feeling
her tits. He said her shirt was on but
then Corey took her shirt off and
lifted it above her tits and he started to
feel her breasts again. He said then
somebody took her pants but he
doesn’t know who took the pants off
and Kevin got on top of her and to
quote him Kevin started to fuck her.
He said Kevin got off and Corey got
on and Corey fucked her. He said then
Corey got off and two other guys but
he doesn’t know who they are they
got on her and they fucked her. He
said then he just he just left.”
“There must have been some basis. . .
for his knowledge of the crime for me

13

Quotes from prosecution
arguments
again and again corroborates
for you what the defendants
describe and admit that they
did in the park on that night.”
N/A

“If you take the time to look at
the evidence in this case, if you
examine the photographs, if
you look at the defendant’s
statements, the evidence in this
case again and again
corroborates for you what the
defendants describe, and admit
they did in the park on that
night.”
“No one fed any information to
Antron McCray, to Yusef
Salaam or to Raymond
Santana. And the reason you
know that is because to this day
[the victim] can’t tell you what
happened to her in the park on
that night.”

Rec
orde
d2

S

Name of
Exoneree

Santana,
Raymond

Sta
te

NY

J/
M
R1

J

Examples of Non-Public or
Corroborated Facts and
Inconsistencies

● A white female, wearing
jogging clothes, was attached
in the Park.
● Described involvement
attack on victim
● Victim was hit with a brick.
● Described a series of other
attacks, including the radio
headset work by male jogger.
● Told detectives during
crime scene visit that victim
was first struck on roadway
and then dragged into the
woods.

Quotes from law enforcement
testimony
to now sit here and tell you, yeah, I
think he was there. Yes, I do think he
was there…”
Testimony by detective that prior to
interviewing Santana he did not know
details concerning “other people that
had been assaulted during the course
of the evening.”

Quotes from prosecution
arguments

Rec
orde
d2

“If you take the time to look at
the evidence in this case, if you
examine the photographs, if
you look at the defendant’s
statements, the evidence in this
case again and again
corroborates for you what the
defendants describe, and admit
they did in the park on that
night.”

V

“No one fed any information to
Antron McCray, to Yusef
Salaam or to Raymond
Santana. And the reason you
know that is because to this day
[the victim] can’t tell you what
happened to her in the park on
that night.”
“These defendants know
exactly what happened to each
victim…”

Shelden,
Debra

Taylor,
Joanne

NE

NE

● Described general layout of
victim’s apartment
● Described involvement of
others in a rape
● Described that victim had
been found with heard
wrapped tightly in a scarf,
wearing a blue nightgown,
with towels wrapped around
wrists, and with wrists broken

MR

BUT also denied having any
independent knowledge of the
victim’s residence and did not
describe victim’s hand’s
having been bound
● Described general layout of
victim’s apartment
● Described involvement of
others in a rape
● Described a pink towel used
to bind the victim
● Described Sheldon being
pushed into the wall

Guilty Plea – No trial. But testified in
Joseph White trial.

V

Deputy Sheriff testified: "Did you tell
her anything about the Helen Wilson
homicide on April 14, 1989? A. No.
Q. Were you present during the
whole period of time of the
interviews? A. Yes, sir. Q. Did
anyone else tell her anything about the
Helen Wilson homicide to your
knowledge? A. No, sir."

Guilty Plea – No trial. But testified in
Joseph White trial.

BUT had described attack
occurring in a “light colored
house” not an apartment. She

14

V

Name of
Exoneree

Townsend,
Jerry

Vasquez,
David

Sta
te

FL

VA

J/
M
R1

MR

MR

Examples of Non-Public or
Corroborated Facts and
Inconsistencies
also described that law
enforcement helped her to
remember much of what she
testified to.
Taylor had been diagnosed
with a “personality disorder”
by a police psychologist and
described having problems
with her memory and a belief
she had telepathic abilities,
but was not evaluated by a
defense expert.
● Townsend led police to six
different crime scenes,
confessed at each, and
correctly identified location of
the body at one crime scene
● He knew one victim was
strangled
● He described that one
victim was wearing a dress.
● He described that a white
house at the crime scene had
previously been yellow
BUT Townsend gave
incorrect information,
including the wrong name for
a victim, claimed to have cut a
victim who suffered no cuts.
See Amy Driscoll and Manny
Garcia, Townsend Confession
at Odds with Evidence, Miami
Herald, May 27, 2001.
● Venetian blind cords used to
hang victim (see next column)
BUT – leading apparent from
the recording and State
acknowledge that “at times his
statements were virtually
incomprehensible”

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

Rec
orde
d2

A detective noted, “There is number
of inconsistencies in his statements.
There is no way of getting around
that.”

“And they [the detectives]
didn’t tell him what to say.
You heard what he said. If
they had told him what to say,
the would have those
statements down exactly, but
there is not – There is many
inconsistencies because there is
many crimes and he gets them
all confused to a certain
extent…”

A

Guilty Plea – no trial.

A

As to one victim, “He said he put his
hands tight around her neck and he
strangled her…”
Townsend said “’See that white house
right there?’ I said, ‘Yes.’ He says,
‘It was yellow.’ I said, ‘Yeah.’ He
said, ‘1973.’ . . . I didn’t know that.
Naturally when I got back in I
checked and it was – it was yellow.”

Guilt Plea – no trial. Excerpt from
recorded interrogation:
“Det. 1: Did she tell you to tie her
hands behind her back?
Vasquez: Ah, if she did, I did.
Det. 2: Whatcha use?
Vasquez: The ropes?
Det. 2: No, not the ropes. Whatcha
use?
Vasquez: Only my belt.
Det. 2: No, not your belt... Remember
being out in the sunroom, the room
that sits out to the back of the house?
...and what did you cut down? To use?
Vasquez: That, uh, clothesline?
Det. 2: No, it wasn't a clothesline, it
was something like a clothesline.
What was it? By the window? Think
about the Venetian blinds, David.

15

Name of
Exoneree

Warney,
Douglas

Sta
te

NY

J/
M
R1

MR

Examples of Non-Public or
Corroborated Facts and
Inconsistencies

● Victim was wearing a
nightshirt
● Victim was cooking chicken
● Victim was missing money
from his wallet
● The murder weapon was a
knife that was kept in the
kitchen, about 12 inches with
serrated blade
● The victim was stabbed
multiple times
● The victim owned a pink
ring and gold cross
● The timeframe of the killing
● There was tissue used as a
bandage covered with blood
● There was a pornographic
tape in the victim’s television

Quotes from law enforcement
testimony
Remember cutting the Venetian blind
cords?
Vasquez: Ah, it's the same as rope?
Det. 2: Yeah. . . .
Det. 2: (slamming his hand
on the table and yelling) You
hung her!
Vasquez: What?
Det. 2: You hung her!
Vasquez: Okay, so I hung her.
Detective was emphatic when asked
“did you suggest any answers to him,”
that he did not.

BUT inconsistencies included
that there was no evidence of
the stabbing or struggle in the
kitchen.

Washingto
n, Earl

VA

MR

Defendant had a history of
mental illness.
● Victim was a woman who
was raped and stabbed
● He left his shirt at crime
scene ● He left it in a back
bedroom in a dresser drawer.
● He took off the victim's
halter top.
● He cut himself and bled
● The radio was on
● Location of attack
BUT Numerous
inconsistencies, including the
race of the victim, described
her as short when she was tall,
described a few stabbings
when there were many, he
could not locate the victim’s

“I asked him at this point did he take
anything from the apartment or did he
leave anything in the apartment. He
replied that he left his shirt. At this
time Lt. Hart went to his car outside
and got a blue long sleeved shirt
which we had picked up as evidence
in this case. I brought the shirt back.
We displayed it to him and asked him
if this was his shirt. He stated that
that was the shirt that he was wearing
on the day this occurred. I questioned
him very carefully about the identity
of this shirt, as to how he knew it was
his. He again stated that that was the
shirt he had worn. I asked him at this
point what makes it stand out. He
said there was a patch missing from

16

Quotes from prosecution
arguments

Rec
orde
d2

“Now, who could possibly
know these things if you hadn’t
been inside that house, inside
the kitchen? You heard the
Defendant say that he took
money . . . You know the
wallet was found upstairs,
empty, near the closet. . . You
will see photographs of it. . .
You heard the Defendant say
that he stabbed [the victim]
with a knife taken from the
kitchen. . . . Where did they
keep it? They kept it in a
drawer under the crockpot
where the chicken was
cooking. Now, who would
know the chicken was cooking?
A person who got that knife
and used it against [the victim],
the killer.”

S

“Now, how does somebody
make all that up, unless they
were actually there and actually
did it? I would submit to you
that there can’t be any question
in your mind about it, the fact
that this happened and the fact
that Earl Washington Junior did
it.”

S

Name of
Exoneree

Williamso
n, Ronald

Sta
te

OK

J/
M
R1

MR

Examples of Non-Public or
Corroborated Facts and
Inconsistencies
apartment until being brought
to it.

● Female victim was killed by
a cord wrapped around neck
to strangler her and stabbing
BUT – medical examiner
concluded that wounds were
not caused by a knife

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

Rec
orde
d2

the top of the pocket…”
“I asked him directly why he left his
shirt. He said it had blood on it and
he didn’t want to wear it outside.”
“[T]he Defendant said, okay, I had a
dream about killing Debbie. He said I
was on her, had a cord around her
neck, stabbed her frequently, pulled
the rope tight around her neck”

Williamson was mentally ill
and actively psychotic at the
time of trial.

“Ronald Williamson told
him… that he had been
hanging out at the Coach Light
looking for a pretty girl and
thought he would follow her
home. That he dreamed about
killing [the victim], that he was
on her with a cord around her
neck, that he stabbed her and
pushed – and pulled the rope
around her neck tight.”
The medical examiner “told
you that her cause of death had
been determined to have been
from asphyxia from both the
cord around her heck and from
the washcloth that had been
stuffed into the back of her
throat.”

Winslow,
Thomas

Wise,
Kharey

NE

NY

● Described how one would
reach the victim’s apartment
● Described general layout of
victim’s apartment
● Described involvement of
others in a rape

J

BUT also denied having any
independent knowledge of the
victim’s residence
● The jogger's clothing colors
● Details about attacks on
others in the Park
● Description of crime scene,
including during visit to scene
● Victim was gagged
● Male victim was hit with a
“bar”

Guilty plea – no trial.

“A: Again it was Detective Sheehan
who spoke, who asked Kharey if that
if anything in that area was familiar to
him …and Kharey answered.
Q: And what did Kharey say?
A: He pointed to the roadway we
were standing on and said this is it.
And he described it, then he pointed
south of the roadway to the ball fields
that were there and said that he was
running to where the woman was and
could see the other kids. He said
“snatched her” meaning the woman
who had been assaulted on the
roadway.”
“A: Then Detective Sheehan asked
him if anything in the area looked
familiar to him.

17

V

“Kharey Wise also described
the beating that he and the
others had inflicted on John
Loughlin. Kharey Wise
described how ‘Yusef had his
bar. He, we all chased him and
grabbed him. Yusef took the
bar hit him across the face.
Then they all punched him and
kicked him and kicked him.’
You saw the photographs of
John Loughlin’s injuries and
you heard the testimony from
Dr Adams about the cause of
those injuries, about the blunt
trauma, how the blows to the
head are consistent with being
struck with pipe, how the
injuries to his eyes were

V

Name of
Exoneree

Yarris,
Nicholas

Sta
te

PA

J/
M
R1

Examples of Non-Public or
Corroborated Facts and
Inconsistencies

● That the victim had been
raped
● A brown landau roof on the
victim’s car.

Quotes from law enforcement
testimony

Quotes from prosecution
arguments

Q: What did Kharey say?
A: He said yeah He said, that where
they took her down. Then he said, we
dragged her. Then he said they
dragged her down here.”

consistent with being punched,
how the bruises to his torso and
to his legs are consistent with
being kicked.”

Q: ‘Did you or the C.I.D. ever release
any information concerning the rape?’
A (Detective Martin): ‘No, as a matter
of fact a conscious decision was made
not to release any such information
and to safeguard any such information
about rape.’
Q: Did anybody form the C.I.D. ever
release any information about the
Landau roof?’
A: ‘The same pertains to the Landau
roof. This is one of the things we
decided to keep confidential in the
investigation from the press.

18

“Kharey Wise and Kevin
Richardson went to the scene
of the crime. They went to that
roadway and they said this is
where we grabbed her. There’s
blood on the roadway.”
“These are the two crucial
things, the Landau roof and the
rape which were not made
public and of course when Nick
is asked about it, ‘I must have
guessed”

Rec
orde
d2

A