Terrel Barros and his friends thought they were just going out clubbing until a tragic encounter changed all that. Then, authorities compounded that tragedy by sending an innocent man to prison and setting the confessed killer free.
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http://www.change.org/freeterrelbarros
https://www.youtube.com/watch?v=1LQPNFwumJQ
https://www.wrongfulconvictionpodcast.com/with-jason-flom
Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1.
August two thousand and twelve started off as a relatively normal night. Terrell Barrows was at Money Lounge and Providence, Rhode Island with Stephen Boden and some other friends, and disagreement ensued between Stephen and two other clubgoers, Rokim Henley and Jamal Cruz, but the tension didn't boil over until later in the parking lot. See Stephen Boden wanted his cigarettes and he would ask Toorell for his car keys because that's where they were, So he left ahead of the group, and as fate would have it, who was parked right next to Terrell, but Jamal and Rookie, who were now ominously approaching Terrell and the rest of his friends. Though, we're just arriving on the scene and trying to avoid the drama, so Terrell made for the driver's side door, and then gunshots. Terrell quickly ducked into the driver's seat and Stephen Boden jumped into the passenger side. Seconds later, the cops were at the car and they saw Stephen trying to hide the gun. Stephen confessed on the spot to the shooting. Has Both men were coughed and intoxicated and mortally wounded Jamal Cruz and put his head down when shown Terrell a far cry from an identification, but that didn't stop a detective from testifying a trial about a quote unquote dying declaration. The state even ignored Stephen Boton's immediate and uncoerced confession forging blindly ahead to ultimately sent Darrell to prison, where he remains to this day, serving two consecutive life sentences plus thirty years. This is Wrongful Conviction with Jason Flom. Welcome back to Wrongful Conviction with Jason Flom. Today we're going to be discussing the really troubling case of Terrell Barrows, who was honesfully convicted of shooting in which one person was killed and another was badly injured. And with us today we have a student at Georgetown who's been doing incredible work investigating his case under the leadership of my friend, Professor Mark Howard. So New Genna Hendy, welcome to the show, Thank you, Jason. The Georgetown class that New Jenna is a student in is taught by Mark Howard and a name that you'll recognize him being on our show more than once. Marty Tankliff and of course, this class was directly responsible for the exoneration of Valentino Dixon. If you haven't heard his episode, please go back and listen to it. It's extraordinary. So we hope to be hearing from Terrell Barrows very soon. Of course, in this COVID time that we're in, it's very hard to get to the phones in prison, but we will be discussing his case and hopefully hearing from him as the podcast progresses. So let's go back to toot. Back in August of two thousand and twelve, Terrell Barrows and a group of friends headed out to Money Lounge in Providence, Rhode Island. While they're in the club, there's some sort of verbal altercation between Terrell's group and a couple of members of another group, including the two that got shot. One was Rokim Henley, who got shot in the leg and who I spoke with a couple of times over the past few months, and then Jamal Cruz who ended up dying that night. But Tarrell wasn't a part of that verbal altercation. It was Stephen Baden who was. And so a name was called, someone's hat got tapped off their head, and then no one really stays. There's not a physical altercation at all. Later on in the night, Stephen Boughten Asterrell. He goes, hey, let me get the tactico. Get your car keys. So as he's heading over, there is another car that has parked bumper to bumper with Terrell's car, and it just happens to be the car of Jamal Cruise. Stephen thought that Jamal and row Kim were coming to cause problems when reality they were just walking to their car stuff and grabs the gun and you know, witnesses say he told them don't come any closer. And at this point Torrell starts heading over to his car with his group of friends. Terrell is about ten of fifteen feet away from Stephen Bowden in Jamal Cruise, which is where all I witnesses placed them as well, And he's actually walking to get to the other side of his car to hop in the driver's seat because he knows that there's trouble about to happen he doesn't want to be a part of it. He hears two gunshots, he jumps into the driver's seat and almost immediately Stephan jumps into the passenger seat and the cops are there to arrest them. And there's more to this too, because when Stephan jumped into the passenger seat, he had a sort of a moment of self awareness right where he started apologizing to Terrell for sort of involving him in the Yeah, you know. At this point, the arresting officers are on either side and the gun is still with stuff in boden. He has caught concealing the gun in the passenger side door, and Stephen actually confesses on the scene. He said, it's me, It's all me, it's all mine. Yeah. They are both arrested, taken to a patty wagon, and then there's a show up that is done. Now they spoke with a couple of jury members who told me this is what caused us to believe Darrell is guilty. So in the show ups, they bring Stephan over to Jamal, who was in critical condition on the floor, extremely intoxicated, and they say, is this the man that shot you? And Jamal looks away. Apparently when they bring over Terrell, Detective Matracia says, Jamal nods, that's what they say he did. It doesn't matter if he nodded or not. He was in no position to make any identification of anyone, and we still don't know if he did. Is that like he stuck his finger out and went, yeah, that's the guy who shot me, and he's out right, that's not what happened. They actually did not even do a show up identification with the other guy, ro Kim Henley, who was shot and he was not in critical condition. They also didn't bother to swab the hands of either Terrell or Stephen, right, that would be so critical to figuring out who did or did not commit this horrible crime. And Jason, I think it was clear to arresting officers this had to have been Stephen. It was in his hand, he confesses. That's probably why they didn't even swab their hands. And then you know, somehow the story gets twisted and it's it's now in Terrell because of what they call a dying declaration. Terrell always says, he goes, there were two lives lost that night, Mine and Jamal Cruise, and I feel bad because Jamal Cruise didn't get justice. Is a free call from an inmate at maximum security facility. Thank you for using securist. You may start the conversation now. Hello, Hey Terrell, thanks for calling in. I know we have limited time, so let's you get right to it. Can you take us back to the awful night of this crime and give us your perspective, having lived through this nightmare yourself. Well back at that night, and the two dudes approached, you know, talking to m Steffing about something. The problem was with me. So we went outside on the front of the club, step from one of my keys to go get a cigarettes. So when we go to the path, the two dudes approaching. So I see them two dudes. Oh my god, man, here we go. So I turned around to go the job inside of the car and I hear shocks. So I just run into my car. So got onto my car. Pop is like a us he had to gun on me and put your hand understand Will. I put my hand to understand Will, and he keeps on saying it what are you talking to? Stuff in So he puts his hands on the stand wheel and he's like, yo, I'm sorry, I'm sorry. I love y'all, love you. The police officers tapping open, He's like, oh yo, the passinger's got the gun. So as soon as he opens up the door, Stephan says, it's me. It saw me, it's all mine. He's like it's shoot. He's like, yeah, it's me. So when he took him out, he's already hetting come from the other pop they had the gun on us. He comes, he flashed puss on the wrist, my wrist and swings me on the floor, brings it back to the Patty Wagon. There's about held shot. I didn't know no one was shot. I could see blood every this dude shirt. So this dude shot in the chest and this dude is like doing a show up with this guy shot in the chest, asking him this in the sin the sin. The guy just looked at me and put his head down. He didn't say nothing, he didn't do nothing. He is saying nothing. He just put his head down. So then they had put me back into patty wagon. They bring me back to the station. When we got the station, you know, they do the mud shot at the fingerprints where they got me to a room with two detectives. I asked for my lawyer to catches. Angelo of was the lead. He was the one that questioning your first time in the first night. So he's like, oh, you know he wants to cigarette. You want to sigare I'm like no. He's like, you want a water. I'm like no, and he catch on China talk to me, and I'm like, I want my lawyer. I want my lawyer. I want my lawyer. So he leaves the room and he comes back and brings back to hold himself. So one of them one times, I'm like, yo, I'm banging on the door. Cap comes, He's like, oh what you're banging the dom Like, I want my phone call. He's like phone call. I'm like yeah, He's like, are you gonna play phone calls? We are going. I'm like, where am I going. He's like, You're going to kill? Why? What the hell? They bring me from the bus. They chance for me there and I find out one day the raiment I'm getting charged with murther I go up into the courtroom, had to split up. Steffing was on the left side on the right side, so they reached stuff in his charges seven both room, possession of a firearm, and I was there. He goes to Terrell Barrows first degree. It's Paul Michelle everything I love. I did not do it, he admitted on the scene to the part that's the part I don't understand. I don't understand it either, because it should have been overraped then and there, Okay, the caller has hung up. I have never and may never again hear of a case in which the actual shooter skates on the charges after confessing on the scene. Right, I mean, at that point, this should be a very short podcast. That should be the end of it. I mean, this would be funny, except it's so freaking serious, right, And this is this is the system that we all rely on day in and day out. I'd like to believe that we have people who are doing the job that they're paid to do. In this case, it's absolutely true. It failed society, it failed the victim, it failed Terrell. And that's what we're here to talk about. And then it gets weirder because then you start with the the eyewitness. The only eyewitness is a guy named Gregory's or Obedient, and he initially claims he didn't see the shooting and then changed his testimony six days before the trial to say he saw Terrell do it. We have a document signed by the Assistanttorney General promising not to charge him for perjury should he alter his testimony. That's maybe just a little bit of a red flag there. Now get this, Okay, this Gregory's or obedient guy had, well let's just call it an extensive criminal history. But that might not even be doing a justice. So his rap sheet went back thirty years. It included convictions not arrest, convictions for living off the earnings of a prostitute, grand larsen d u I causing death, cocaine possession, burglary, theft, escape, and that's just the beginning. So do we think that after doing all these other things he's done, he might be willing to lie in exchange for a deal. Well, I would say that's a pretty good likelihood. And then let's get to Detective Charles Matracia. Do you want to take that one? Jenna? He was actually the one who claims that he saw Jamal Cruise nod when they brought over Terrell. I asked her all I said, were you watching Jamal? He said, yeah, I was watching him. Did he not He said no, he didn't do anything, So whether he did or not is another story. But again, Jamal Cruise was under the influence of alcohol. He had a b a c of point one six two, which seems like a lot until we look at Rokine, who had to actually hire b A c as well. And then both Stephan and Terrell were wearing white T shirts and darker pants. Out of the group that Terrell was in, he was not the only one with two long black braids. He just wasn't it was a style. If you look at the pictures of his friend group, he's not the only one with two long black braids. And so out of a group of people wearing white shirts, dark pants, too long black braids, you're dying on the floor. And Detective Matracia says, yeah, he nodded when we brought over Terrell. I mean, how unreal could that be? And so now we're moving into gs are TESTINGSR stands for gunshot residue, yep, and there are three particles of gunshot residue that they test for when they're looking at clothing. So when Stephen and Terrell were initially arrested, Stephen was, you know, pulled out of the car and he was slammed against the side of the car. When Terrell was arrested, he was pulled out of the car and slammed to the ground. So he actually had some dirt on his white shirt in a specific area. What they initially test was the chest area of both Terrell and of Stephen, because the theory is if someone is a shooter and they hold the guns to rate ahead, that the gunshot residue will recoil and hit them in the chest area. So they talk about stuff and they go, well, we found lead on stuff, and and they say, well, you also found lead on Terrell. So Terrell whispers to his attorney, asked if they happen to find the lead where my shirt was dirty? They said yes, So it makes sense that that's the only place on his clothing where they found lead. So this is all the information they had in terms of gs R at trial, but there is more GSR evidence to come, which is part of what we are motioning for with the new hearing coming up. Well, we're on initials, right, We'll go from gs R to d n A. And the d n A report excluded Tarrell from having held the gun. So let's touch for a second on the d n A expert for the state who we know was well, I mean most unfortunate quote unquote experts are pro prosecution. In fact, the whole system is pro prosecution. Over of judges. Our former prosecutors. So throughout the process there's a tilt towards prosecution, and the experts that you're seeing may not be objective at all. And this is one of those cases where I think that's, uh, there's a strong argument to that effect. Sogenic can you talk about that? Yeah, Kara Lapino gave extremely pro prosecution testimony, and the way that she had presented it. The attorney would ask a question the prosecutor, she would respond to say yes, and Tarrell was included. And then you all of a sudden get to the very, very very end and they really quickly sneak in a couple of lines of Terrell was excluded and Stephen Boden's d n A could not be excluded. So when I'm talking to the juror, she goes, I don't even really remember him being excluded. It was so confusing. There are a lot of numbers thrown out. Terrell seemed to be included in almost every mixture that they're talking about. It's absolutely insane and if I was in the jury, I would have thought the same thing. And the state's witness essentially muddy the waters of what was a pretty cut and dry DNA report that excluded Terrell from having ever held the gun. But then there's Rochim Henley, the other guy who got shot that night. His testimony, along with the ballistic evidence known at the time of trial, make it an actual and possibility that Terrell could have been the shooter. He does testify, and when I asked him the same question when I met with him, he said, the only person standing close to Jamal Cruz Wes Stephen Baughden. So I said, here's the discrepancy. Did you see who shot you? He said no. I said, okay, well, ballistic evidence proves that the shot was made from near contact to eighteen inches away, and you are telling me that the only person standing near contact to eighteen inches away from Jamal Cruise West Stephen Bauden. He said yes, but I didn't see him shoot the gun. It's kind of a confusing testimony. You don't see stuff and do it, but you also claim you did not see Terrell outside. You don't know who Terrell is. The only time he saw Terrell was at trial. So if Rochim had never seen Terrell and the shot was made from near contact to eighteen inches away, it is impossible that Terrell was the shooter. Nevertheless, the incentivized witness, the muddy DNA report, and of course the testimony of Detective Matracia were too much to overcome, and Terrell was sent to two life sentences plus thirty years. This is a free call from an inmate at maximum security facility. Thank you for using Securist. You may start the conversation now, Okay. The investigators in your case, Terrell, it was Detective Attracia and Detective Angelo. Right. Test A Will was the he was the leader of the case. Nasasha was the one that lied about Jamal, saying it was me at the show up. So what I was told was this from a lot of lawyers, and they all gave me the same answer. Y'all are in this situation. They tend this on you. It's because you asked for your lawyer. I asked for my way, that's my right. They said, yeah, but you didn't tell them what they wanted in here, and they threw it on you. Jamal ain't hire so you could put any words in that man's mouth you want, because you can't put him on a stand across examine him. So what the cops do. They go on the stand and they think no, they know. They know that the jury looked at them as superheroes. The jury don't think that the cops are gonna go on to stand alive, and that's what they did, and Jamal ain't here. Now this is before this even going on with George Floyd. This wasn't like two thousand and two, two thousand and thirteen, so around that time that climate was like, oh hope, what we ain't gonna lie on this kid to rally. You've gone through this um insane nightmare. Everything that could go wrong has gone wrong so far. But then comes the moment where the jury goes out and they come back in. Did you think that they were going to find you innocent? Tell us about that moment. They gave me down an elevator to the coal room. They can just feel like the tension in the court room and the jail will come in. Their faces are funny. They said I was guilty, and then everybody, just my family, everybody was just like, now he's innocent, Like they just went crazy. I'm just sitting there like and shocked, I mean shocked. Everybody's standing up. I'm the only one sitting down and we got me out of the chance as I've seen Detective Angelo last it. So I said, yo, what do you think this is funny? They just looked at me, and I looked at the mall's family and I turned AROUNDTOI and I said, I didn't do this to your son. I promise you. I promise you. I did not do this to your son. I did not do this. They didn't get justice for your son. They're lying to you, and they're just looking at me like in a shock. Everyone's going crazy. So learn that commotion. I've seen the prosecutor like hug the brother like like they want a Super Bowl snack in his back, like yeah, yeah, we got him. I'm just looking at him like you're lying into this family like this is a big large You just found an innocent kid guilty for a time again. Do they just want to pick previction? I know they know why didn't do it because the prosecutors, you know when you see bogus charges, but you still go forward with it because you want a previction. They don't change you anything. Yeah, they're thinking about their future, their aspirations, the way they can be successful, and they know that's by having a good conviction rate by and large. But It's like it's some sort of six scoreboard, and they're decent oscars out there. There's some really good ones too. But the ones that are willing to ignore evidence of innocence and prosecute clearly bogus cases like yours just to get another notch on their bell, just to move up the ladder, are there a disgrace and they're actually a menace to public safety that the family to make this family? Yeah, what are you saying? You know? And as if this case couldn't get worse or weirder. Stephen Boden put out a song. I guess he was trying to rid himself of the guilt of skating on the murder rap and allowing his friend to rotten prison right. He wrote this song called Letter to Terrell. It's really more of a guilt trip, saying things like we should have never went out to the club that night. It's painful that you're in that cell. It's painful on my mother, and I'm sorry that you win. That GM is prettful my mother. But I think about you every day and night. How is he out? And Terrell's in prison? Steven Boden is now dead. He was shot in a in a car shooting in two thousand and seventeen. It's just it's too much. I mean, um, the good news is he's the only good news here I guess is that he's got a fantastic team. Now we've got some momentum. Can you talk about that new evidence, talk about his new lawyer and what lays ahead. The original theory was if you hold a gun straight out in front of you, the GSR or gunshot residue will fly back and hit the chest area, as I mentioned before. However, Bob Kando, Terrell's newer attorney, went ahead and looked at the trajectory of the bullets, and he had a couple of questions about where the shot was actually made from. How is it possible that Rokim didn't see the shooter. How is it possible that if Jamal gave a dying declaration, that he gave it to the wrong person. And how is it possible that, if Stephan is the real shooter, we find only lead on him. Where are the other particles of gs are? So Bob Candle goes ahead and puts in a request for other areas of Boden's clothing to be analyzed. Including his crotch and belt area. Lo and behold, they come back with more particles of GSR, which ends up being huge news. Putting together trajectory of the bullets. Putting together gs R, Stephen Boden actually took the shots from right next to his belt. He actually did not hold the gun straight ahead, So if that were to happen, someone who's extremely intoxicated wouldn't be able to see the gun. And when I actually end up speaking to Rokim later, if I said, well, you know, the new evidence really says that the gun was next to him he was sponsor, he goes, oh, that might explain it. So that might explain why Rochim didn't see that stuff and shot him. So that's very exciting. And with this new evidence, with the new affidavit that we have written, new eyewitnesses who are coming forward, family members of Stephen Boden who are coming forward and saying, I know Stephen did it. He told me multiple times. We are taking all of this and and Bob is pushing for a hearing in September with a motion for a new trial, and we're hoping that we can get Tarrell home very soon. And that leads to what happens now and what can people do. A mini documentary came out about Terrell Barrows. Please check it out. The title of it is on YouTube. It's called Making an Agony Dash the Story of Terrell Barrows. And then that you'll really see everything that we outlined throughout this entire podcast um as well as getting to hear from people who heard from stuff in himself that he did it. And then there's also a change dot org petition that sends a letter to the governor who has been pretty vocal about you know, the BLM movement and everything that's happening right now. So we're hoping that shall also hop onto this change dot org slash free Terrell Barrow. So it's change dot org slash free Terrell Barrows are wonderful. Producers have put the link in the podcast description so you can just scroll down on whatever platform you're listening to. Please share it on social media. Tell people listen to the episode, watch video content that's out there. We can win this. So now this is the part where I get to thank our guests in this case and or Jenna Handy, thank you for being here, and of course Terrell Barrows. We're here for you. I'm going to fight for you, and thank you as well for sharing your thoughts with us. Now I'm going to turn off my microphone, picked back in my chair and let Georgena Handy share her final thoughts in the segment we call closing arguments. Terrell is an amazing man. I could go on and on about who he is as a person, the character that he has in the change that he will make when he is brought home. And it has been such an honor to be in his life, to be in his mother's life, to be in his attorney's life, and I'm hoping that we can prove Terrell's innocence and bring him home to his mom, to his family, into society where he belongs and where I am one thousand percent sure that he was going to make a difference. This is not the end and it's definitely not the beginning. This you know, story with Terrell has happened many times in the past and unfortunately will continue to happen unless people like me, like you Jason, come together and bring Terrell home. And now UM over to you, Terrell. Um again, thank you for being here, and thank you for your courage and your spirit Um hanging there. We're all out here rooting for you and more importantly fighting for you. So now over to you for closing arguments. I just want to thank everybody for listening, and I want to start off thinking Jason from forgive me this platform to explain my situation. We need people like Jason, Mark Howard, Marty Tank, with the Georgetown students, the genre, Leo Caroline, they are fighting so hard for me. My attorney or Robert Kendell. Just want to thank him for being there for me and really really fighting for me because he knows I'm really innocent. You know. I also got to think the two main women of my wife, my mother, and we shall um it wasn't for and we shall reaching over to Mark how with that, none of this right now, this interview, the documentary, the petition, none of this would be going on right now because for her, I want to thank my mother for always being there for me. Her stress is where I get it from. Well right here, I'm innocent, and she told me to fight, fight, fight until I get my freedom. I'm gonna post convincing avant coming up, and I'm fighting for a new child, and I'm fighting for freedom. I need your help. I just need as most people to sign this petition. You have one minute left. I spread the word. We need allies. There's a lot of us in here that are voiceless, and I am blessed to have the family. I have to have this voice to speak because it's given me a platform to speak for the voices in this present. I feel like people applying my life for a reason. I know that I'm going to get out of jail and I gotta fight on the fight line for people are innocent present because it has to stop. These possibly to be held a honable. They're not just killing us in the streets, they're killing us in these courts and there's no consequences when they thought they need to be accomplished. Too many people in prison system what their life took me for though they didn't. It has to stop. Don't forget to give us a fantastic review wherever you get your podcasts. It really helps. And I'm a proud donor to the Innocence Project, and I really hope you'll join me in supporting this very important cause and helping to prevent future wrong for convictions. Go to Innocence Project dot org. To learn how to donate and get involved. I'd like to thank our production team, Connor Hall and Kevin Wordis. The music in the show is by three time OSCAR nominee composed Sir Jay Ralph. Be sure to follow us on Instagram at brown Full Conviction and on Facebook at Grown Fuel Conviction podcast. Brown Ful Conviction with Jason Flam is a production of Lava for Good Podcasts and association with Signal Company Number one