Wrongful Conviction

On Halloween night in 2012, shots rang out at a party on the campus of the University of Southern California. Four people were injured and no one died. Prosecutors went after 19-year-old Brandon Spencer for the crime. Despite the fact that Brandon had no criminal record and was known for his involvement in sports and community activities, prosecutors claimed he was seeking revenge in a gang feud and charged him with attempted first degree murder. They relied heavily on witness testimony that was later found to be flawed. Yet and still, he was convicted and sentenced to 40 years to life.

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Since releasing the 500th episode of Wrongful Conviction earlier this month, we thought it appropriate to spotlight some episodes from the very first season of Wrongful Conviction.

On the afternoon of November 4, 1986, the body of an African-American woman was found lying under a blanket near a busy highway in Brooklyn, NY. She had been strangled to death. A witness told Detective Louis Eppolito that he had been jogging on the day of the crime and had seen a white man and a black woman sitting in a gray car parked by the highway. The man said he then watched the white man walk to the passenger side of the car and pull out a body, lay it on the ground and place a blanket over it. Eppolito learned that Barry Gibbs knew the victim and closed in. Barry was charged and convicted of second-degree murder primarily on the testimony of the jogger who later recanted. Jason Flom, Barry Scheck (Co-Founder of The Innocence Project) and Vanessa Potkin (Director of Special Litigation for The Innocence Project) sit down with Barry Gibbs as he details his unfathomable odyssey.

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On December 31st, 2009, in Detroit, MI, J.B. Watson was shot in a van while stopped at a red light. Witnesses identified Darrell Ewing as the shooter. Despite Ewing's corroborated alibi of attending a funeral at the Barden Hall Funeral Home at the time of the shooting, he was convicted of first-degree murder and sentenced to life in prison. 

This is a special episode of Wrongful Conviction, featuring guests Delia D'Ambra, host of Audiochuck's CounterClock, and Frances Watson, President of the Indiana Innocence Project.

In Lakeville, Indiana in 1989, Reverend Bob Pelley, his wife Dawn, and Bob’s step-daughters, Janel and Jolene were found shot to death in their home. Bob’s teenage son, Jeff Pelley, was a suspect due to ongoing tensions with his father, which were exacerbated by him restricting Jeff’s ability to attend prom night activities. Jeff claimed to have left home to pick up his girlfriend, but inconsistencies in his alibi and the timeline raised suspicions. Jeff was ultimately charged with the murders in 2002, over a decade after they took place, and convicted in 2006 based on circumstantial evidence. He was sentenced to 160 years in prison. Jeff Pelley has consistently maintained his innocence, and post-conviction litigation raised alternate theories, including alleged ties between Bob Pelley and organized crime from his past life in Florida, potentially involving his friends and the Hawley family who were implicated in various financial crimes. Testimony from a woman supported the theory that Bob might have been targeted for his past illegal financial activities. However, this evidence was deemed inadmissible, and Jeff's requests for a new trial have been repeatedly denied.

To hear more on this case, click the link below to listen to season 3 of Delia D'Ambra's CounterClock, from Audiochuck:

On May 12, 1990, Ron Hilgenberg and his wife were driving in South Dakota on Interstate 90 when a passing vehicle opened fire, killing the 76-year-old man. Stacy Larson and two of his friends were charged with his murder despite no physical evidence linking him to the crime, and what his attorneys called an iron-clad alibi. Stacy was convicted and sentenced to life in prison without the possibility of parole.

If you have information on Stacy's case, please call: (612) 624 4779