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HomeMy WebLinkAbout04- Don Jordan • THE JIMMY SEGURA CASE /� (Presented to the San Bernardino Mayor and City Council on March 18, 199 A. INTRODUCTION. My name is Don Jordan. I, along with Jimmy's large family and the Justice for Jimmy Committee, all of whom I ask to stand at this time, are here before you to ask you to form a commission to look into the conduct of police officers resulting in the wrongful conviction of Jimmy Segura, a former resident of this city. I appreciate the letters I received explaining that you feel it was inappropriate to place this matter on the council's agenda, so I take the 3 minutes allotted to me in the public comments portion of your meeting to address you. B. JIMMY'S CASE. As those of you who have had a chance to look at the 200 pages of material submitted to you know, Jimmy went into jail on the case when he was 23; he is now 41. He has been in prison since 1978. Today is his 6,534`h day in prison, a period stretching over 216 months and 18 years. He is currently in Soledad State Prison. 1. THE CONVICTION. Jimmy, a Hispanic-American, was convicted in the courthouse just two blocks from here for the murder of David Leon, the 21 year old son of former police homicide detective Angel Leon. David's body was found, shot in the eye, on Easter Sunday morning on March 26, 1978, in plain view on the steps of the old school at Rialto and I Streets, just 6 blocks from here. 2. THE BACKGROUND. In those turbulent times, most people assumed that the murder was done as revenge against David's father, Det. Leon. The murder occurred within a week of two Hispanic- American gang shootings; within 4 days of the announcement by the school board that school busing was going to be required; and the morning after a major Peace Rally was held at Valley College, where warring gangs signed a truce and then went to party at Lytle Creek Park. David's body was found just a few blocks from this park. For two weeks, the police had no leads, and the community became frantic. 3. THE FACTS. Time does not permit me to summarize the events leading up to Jimmy's wrongful conviction, but they are all set forth in the material provided, a great deal of which comes from the attorney general. Skipping things which can be argued, let me just mention a few of the many highlights which cannot and have not been be denied: a) The Recantations. Two then-heroin addicts, Rick Riggins and Nick Cummings, were first persuaded by then-Homicide Det. Randy Bliss to say they were with Jimmy when Jimmy shot David. As police reports show, both denied their initial statements before trial, but they were offered "deals" to cause them to nonetheless testify against Jimmy. Later, both have sworn under oath for years that they were coerced by Det. Bliss to give false testimony, and that neither they nor Jimmy to their knowledge no anything about David's murder. 43 ice/- � � 1 D� T �4,17 b) No Physical Evidence. No physical evidence ever connected Jimmy, who from the beginning has denied knowing David or anything about his murder, to the crime. The two expert prosecution witnesses both first concluded that the crime happened differently from the way Rick and Nick said it did. But both modified their testimony at trial to say, not that it did, but that it could, have happened the way Rick and Nick were saying it did. C) Det. Bliss' Perjury at Trial. At trial, Det. Bliss testified that there was no transcript of his initial interview with Rick at Pismo Beach because the batteries on his tape recorder had run down. Yet in 1991, a conscientious Deputy Attorney General provided the tape and a transcript he had prepared. If the jury had had the tape, they would have know that Rick knew nothing about the murder--among many other inconsistencies, he said the body was dropped off a few streets from Del Rosa Avenue on the Crosstown Freeway, instead of five miles away at Rialto and I Streets. d) Nick's Request That Rick Tell Him What To Say. The attorney general also provided a tape on which Nick, who was placed in a room alone with Rick at the police department after Nick's arrest while he was going through severe heroin withdrawals, can be heard telling Rick that he has to tell him what to say about the crime. The prosecutor, John Arden, denied at trial that the statement was on the tape, and the court reporter did not hear it. Yet the reporter did hear it when she listened again to the tape while preparing it for the appeal, and it can be heard on the tape the attorney general provided. e) The Cover-Up By the Police. In 1979, less than a year after the trial, Nick called Jimmy's lawyer, Alan Spears, and told him he wanted to meet him that night to explain that his testimony had been false. Spears cooperated with the police, who sent along an undercover officer, Wes Farmer, wearing a hidden transmitter and posing as Alan's law clerk. Nick met them in Alan's van that night and recanted in detail. But when Alan went to a phone to call a lie detector expert, as Nick had agreed, the four officers who were taping the conversation in a nearby car swooped down on the van and removed Off. Farmer. Both the police and the DA's office have refused ever since to release the tape. Off. Farmer has admitted that he was removed from the van in this fashion in a 1991 declaration. f) The Cover-Up by the DA's Office. In 1987, while Jimmy's first habeas petition was pending, the DA's Office sent investigator Hans Vander Veen to the State of Washington to interview Rick. When Rick persisted in saying that his trial testimony had been false, and that neither he nor Nick knew anything about the murder, Vander Veen made him promise not to tell anyone else, thereby committing the crime of dissuading a witness. This also cannot be denied, because the attorney general has provided a tape and a transcript of the conversation. g) The Seaman Investigation. All the above cannot be denied. But there is much more, most notably the investigative reports of Nick's investigator, whose investigation prior to trial showed so strongly that 2 Rick and Nick were at Rick's apartment with more than ten other people the night of the murder and did not leave. This information was given to the prosecutor; the result was that Nick was given a deal on other cases to induce him to testify against Jimmy. h) Jimmy's Witnesses. In addition, more than ten people were with Jimmy all night at Jimmy's home, where the family's Easter Sunday Picnic was being planned. Unfortunately, for some reason, only four of them were called as witnesses at Jimmy's trial. Would those in the audience who were there that night and know Jimmy was home all night please stand? 4. THE PENDING 8TH HABEAS PETITION. I As you know, Judge Krug of the San Bernardino Superior Court has granted an order to show cause on Jimmy's 8th habeas petition, but the Court of Appeal has stopped the proceedings since May, while they consider the attorney general's mandate petition. But the request made here today has nothing to do with the pending litigation. What we want is for a commission to investigate the police conduct on the case, to produce more facts, which we are certain will further substantiate Jimmy's innocence, and which can be used in court. C. WHO ARE WE? The members of the Justice for Jimmy Committee come from many backgrounds. 1. JIMMY'S FAMILY. Jimmy had eight brothers and two sisters, all of whom, along with Jimmy's parents, live in San Bernardino. Most of them are common folk, a few of whom have been in trouble, but most of them wibw have lived a normal and productive life. Two of them are in law enforcement: one is a federal probation officer and one is a correctional officer. They all love Jimmy, and want him home. So does Jimmy's daughter, Veronica. 2. WITNESSES. Other members of the committee are witnesses, like Rick and Nick, who would testify as to his innocence if a court ever grants him a hearing. Rick and Nick have also been victimized by what happened in the case, and feel they cannot return to living a whole life until Jimmy is freed. 3. COMMUNITY AND NATIONAL SUPPORTERS. Others on the committee are the increasing numbers of people who have learned about Jimmy's case, from local contacts, from memories of the strangeness of the case years ago, from the summaries of the case which have been distributed, and recently all over the nation, now that Jimmy has a homepage on the internet which tells his story. The number is growing weekly. 4. MYSELF. suppose I should mention something about myself. While I am Jimmy's lawyer in court, I am here before you today not as his lawyer, but as a long-time resident of San Bernardino. 3 a) My San Bernardino Roots. My family has been here nearly a hundred years, ever since my grandfather and his new bride, Dr. and Mrs. P.M. Savage, Sr., arrived here. They had four children, all of whom spent nearly their entire lives here, and were involved in countless civic activities. Two of them, Drs. Phil'arid .Jim Savaged, practiced here for many years. One, a veterinarian, was the father of'Swede Savage, a race driver who represented San Bernardino at the Indianapolis 500 until he was killed in the 1973 race. My mother, a curie Leader, lived here with my father, a well-known lawyer who practiced here for forty years., His nephew, my cousin, Phil Savage, former president of the County Bar Association and the current President of Downtown Rotary, carries on in my father's tradition, as he does that of our grandfather, who was President of Rotary exactly 70 yearsleaftr.- My brother, Craig,"is-the Assistant County Council for the county. . .. is ply Connection To Jimmy's Case. I volunteered to help Jimmy on his case in 1991, when I learned of the terrible miscarriage of justice which resulted in his conviction. I have been working on it ever since, and vow to continue to do so until he is freed. D. OUR GOALS TODAY. 1. TO HAVE A COMMISSION APPOINTED. We hope that you will take note of the difficult questions which Jimmy's case presents. We also hope that you, as our community leaders, will accept a degree of responsibility for the fact that an innocent man is in jail today because of things which occurred in this city so long ago, largely in the police department for which you have ultimate responsibility. We think you owe it to us and this community, as we face the challenges of the 21st Century, to get rid of this stain, which will never go away until Jimmy is released. Please help Jimmy by appointing a fact-finding commission. 2. TO LOCATE WITNESSES ON HIS CASE. While we have located many witnesses who will prove Jimmy's innocence, there are many which have been lost with the passage of time. If any of you, those in the audience, or watching on television, know the whereabouts of any of the following, please let us know. You may call me at 888-0185; repeat 888-0185: Charles Hanford, Mike Cotton, Diane Sawyer, Bob Cole, Philip Del Tondo, Butch Seacrist, Gary and Robin Weiss, and Donnie Ewing. In addition, if anyone knows anything about the case, please call me at 888-0185. I 3. A MOMENT OF SILENCE FOR JIMMY. Obviously, three minutes permits only the briefest mention of this complicated case. ask that all of us remain silent for the next few seconds, while we contemplate the tragedy which has happened right in our own back yard. As we do so, I hope that you, I as our leaders, will recognize that you should do what you can to get to the bottom of the case. Won't you sleep better if you do? Let us remain silent. E. THANK YOU FOR YOUR ANTICIPATED HELP. 4