My name is Tyrone James, I was wrongfully convicted at the age of 16 for a crime I did not commit. As of February 20th 2024, I will have served 29 years in New York State Prisons.

I applied for clemency to commute my sentence which was first submitted in 2016. I made a more recent request to represent myself instead of waiting for a voluntary attorney. I receive annual updates stating that my application is still waiting to be considered. I have 2 years, 3 months, 1 week and 5 days remaining of my sentence (as of Jan 18th 2024)

I have contacted organizations in the past but have been unsuccessful with obtaining the help that I need, so I am reaching out to the community of the world with the hope that someone will listen to my story and help me!

Although I have applied for clemency, I am fighting for my freedom; I am fighting to be exonerated and have my name cleared from this horrible crime that I have been accused of.  They have taken my whole life from me for something I did not do!

I have been trying to clear my name since 1995 when I was charged with this terrible crime.  February 20th, 1995, at approximately 4pm I was in custody for a crime unrelated to what I was ultimately charged with. While in custody, Detective Michael Paul moved me to an interview room, I was unclear as to why Detective Paul took me to a different room. Once in the interview room Detective Paul started asking me questions regarding an unsolved double homicide at a bodega on December 13th, 1994. My rights weren’t read to me until 10:10pm, at 11:15pm they say I drew on a diagram which placed me at the scene of the crime. I was arrest on February 21st, 1995, at approximately 2:38am. I was held at the precinct for over 13 hours, I was given no legal aid and my mother was not contacted. They questioned me as a minor without following the correct procedures.   

I was scared, bullied, tired, hungry and intimidated by the arresting officers and manipulated into giving a false statement. This false statement led to me being convicted of “being present” at the time of these murders (which I was not). I was tried as an adult and sentenced to 30 years to life for allegedly “being present”

·        No evidence was given to prove I was there

·        The witness statements described “Men with long hair (dreadlocks),” I was a boy with low cut hair.

·        My alibi was never called to court

District Attorney Eric Gonzalez stated that his aim is to “keep Brooklyn safe and strengthen community trust by ensuring fairness and equal justice for all” ... FOR ALL! Well, this is a request for equal justice for me.

I have lost out on life from 16yrs old to 45yrs old (and counting) because Detective Michael Paul (the arresting detective on the unsolved homicide case) wanted the case closed. This is evident by the fact that no one else has ever been convicted of “actually” committing the murders. How is there justice for me when I was tried as an adult and sentenced to 30 years to life for allegedly being present? This overzealous sentencing should never have happened, especially with no evidence to say I was there.

I have submitted FOIL request after FOIL request since January 23rd, 2004 in search of my trial/case files. I have repeatedly been told they are unable to find my file.

I don’t understand how a file so sensitive is nowhere to be found? Is it possible that the file documents could be sealed due to my age at the time of the crime/trial? Could it be that they were destroyed in 9/11? Or could it be that the police department made an error and have covered it up? Where else would such records be held? Do I have the correct indictment number? What is the original case/trial number? I am an innocent man who has wanted to prove my innocence for the past 29yrs and have not been able to, because a file cannot be found... I find that very shocking, negligent and unprofessional!

It is imperative that I am successful in locating this file because it contains witness statements that were never presented at trial. A witness and her husband gave a statement, their statements described “Men with long hair (dreadlocks).” I was a child with low cut hair. This is newly discovered evidence! All they used in court was the “statement” that I was coerced into giving. No witness was called to court, no alibi was called to court. I know that the witness statements exist because I had the file when I was in Attica prison, but they were disposed of by officers, and I have never been able to obtain another copy.

This leads me to believe that the corruption which was so prevalent in 77th Precinct and across NYC during the late 80’S continued into the 90’s and never stopped with the “Raiders Ring/Buddy Boys.” To name a few: Michael Dowd, Brian O’Regan, Henry Winter, William Gallagher, The Dirty 30, The Mafia Cops. Well, I guess it did not stop...

I believe that if I had access to the files that I had requested I would have left prison a very long time ago. Instead, I have had my whole life stolen from me for something I never did, and I am still paying for the crime of someone else. This has a stark resemblance of the Central Park 5 cases.

My wife and a friend have been trying to obtain anything they can pertaining to my file/trial.  The only document that has been located is a document from the Appellate Division of the Supreme Court of New York, Second Department titled “People vs James” 253 A.D.2d 438 (N.Y. App. Div. 1998) 676 N.Y.S.2d 628 Decided Aug 3, 1998. No other records have been found. I cannot understand how there are no files? How is it possible for me to be sitting in prison for so many years and there is no paperwork on why I am here?

Interestingly, the appeal documents stated that one of the judges (McGinity, J.), “dissents and votes to reverse the judgment, grant that branch of the defendant's omnibus motion which was to suppress his videotaped statement to law enforcement officials and order a new trial”. He also goes on to say “Moreover, as noted, there was no other evidence linking the defendant to the commission of the crime. The conviction should be reversed, the video statement suppressed and a new trial ordered.” …

Following the report “426 YEARS: An Examination of 25 Wrongful Convictions in Brooklyn, New York” published July 9th 2020 and jointly authored by the Kings County District Attorney’s Office (the arresting county in my case), the Innocence Project, and Wilmer Cutler Pickering Hale and Dorr LLP, it is clear to see that there has been an issue with wrongful convictions in this county for several years…

The cases of Jeremy Alvarez and Miguel Foster feel all too familiar…

Just to quote a few points from this report, and this is just scratching the surface:

“The magnitude of years lost to wrongful imprisonment in these cases is almost unbearable—together, they add up to 426 years spent in prison. And each case described in these pages is itself a complete tragedy, for the person who was wrongfully convicted and incarcerated, for his or her community, for the victims and survivors of these cases, and indeed for all of us.”

“All of us are diminished when the criminal justice system fails, and makes people’s lives worse rather than better.”

“I believe that to do better, we must reckon with and be transparent about the mistakes of the past—particularly in the institutions in which we now work.” – District Attorney Eric Gonzalez

 

“I. INTRODUCTION - In 2014, under the leadership of then-newly elected District Attorney of Kings County, the late Kenneth P. Thompson, and then-Counsel to the District Attorney, Eric Gonzalez, the Kings County District Attorney’s Office (“KCDA”) launched its Conviction Review Unit (“CRU”). The CRU was created to investigate and remedy wrongful convictions by examining certain prior prosecutions and determining whether the convictions were reliable, fair, and just, in light of the facts known at the time or discovered subsequently. Where the CRU’s reassessment determines that this standard is not met, it is empowered to recommend that the KCDA seek to overturn the conviction and dismiss the charges.”

The report’s conclusion:  

“Understanding in some detail the systemic flaws that led to 25 wrongful convictions in Brooklyn, New York cannot cure the incalculable personal losses associated with them, but it may help to prevent future miscarriages of justice. As this Report explains, many factors at various stages of the criminal justice system may contribute to wrongful convictions: from interactions with police, prosecutors, defense lawyers, and judges, to unreliable science and human deceit or fallibility. The root causes identified by the CRU—induced false or unreliable confessions, eyewitness misidentifications, withholding favorable evidence, and incompetent defenses, among others—are all preventable. The common errors the CRU identified could have been avoided by the more faithful exercise of law enforcement functions, greater skepticism in investigations, discretion in prosecution, and diligence in defense. Ultimately, we hope that the analysis here will help those involved in the criminal justice system and the public more broadly to determine what each of us must do to respond to systemic failures, to counter injustices, and to ensure that the tragedies of wrongful convictions do not continue. Of course, the Report also makes clear that conviction review units play a vital role. The hope is that existing and future conviction review units and innocence advocates across the country will have a better understanding of how to identify wrongful convictions and to address the many contributing factors that lead to wrongful convictions in the first instance.” 

 The conclusion sums it up, “we hope that the analysis here will help those involved in the criminal justice system and the public more broadly to determine what each of us must do to respond to systemic failures, to counter injustices, and to ensure that the tragedies of wrongful convictions do not continue. The hope is that existing and future conviction review units and innocence advocates across the country will have a better understanding of how to identify wrongful convictions and to address the many contributing factors that lead to wrongful convictions in the first instance.”

Thank you for taking the time to read the above information, I sincerely hope your kind and empathetic hearts can show your support in helping me be released from prison and going home to be reunited with my loved ones.

If you would like to contact me directly, you can do so by email via Jpay or via post:

 

Jpay details:

Name - Tyrone James
DIN - 96A2521

Postal address:

Tyrone James #96A2521
Shawangunk CF
PO BOX 700
Wallkill, NY 12589
United States

 

A message from my Family

We believe that in line with the vision of a clemency request he should have the opportunity to be heard, considered and have his request granted.  Mr James should be given a second chance; he has proved by his conduct over the years that he is not a risk to public safety and that he is driven and determined to continue being the man he is today.

We understand that Clemency is a matter within the sole discretion of the Governor and that while compliance with this guidance is encouraged, it does not entitle an applicant to clemency. We just hope and pray that Governor Hochul review’s Tyrone’s request with an open heart, open mind and understanding.

The core legal and moral concepts underpinning clemency is that: Chief executives have the power to correct systemic injustices and end imprisonment that is unjust or no longer necessary.  Governors can use their executive clemency authority to help imprisoned people as soon as they choose. Governors can grant commutations as an act of compassion or mercy and free people from state prisons.

Our family long for the day that he is released from prison and certainly pray this will be sooner, rather than later...

Best Wishes!