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Friends Wrongfully Imprisoned for Nearly Two Decades — Until the Innocence Project Won Their Freedom

Imprisoned nearly two decades for murder, it took another brutal slaying to free them

Hundreds of convicted murderers in the United States have been freed by Innocence Projects and similar groups. Some are found factually innocent via DNA or other evidence. Others, like Anthony and Cole, are determined to be victims of incompetent defense attorneys or biased cops or prosecutors.

Proposition 34, on the Nov. 6 ballot, would repeal California's death penalty. If passed, it would retroactively apply to more than 725 people on death row in California, giving them life imprisonment without the possibility of parole. Recent polls show California voters leaning against this change, with voter-rich L.A. County opposed.

Reggie Cole hopes to find productive work.
Reggie Cole hopes to find productive work.
Official crime scene photo depicts the eerie South Central corner at 49th and Figueroa nearly 19 years ago when Felipe Angeles was slain.
Official crime scene photo depicts the eerie South Central corner at 49th and Figueroa nearly 19 years ago when Felipe Angeles was slain.

Among death penalty cases in California, Reggie Cole's offered an unusual and troubling wrinkle: Was an innocent South Central teenager wrongly put in prison, where he had to kill in order to save his own skin?

The Innocence Project in San Diego appointed two attorneys, Plourd and Eduardo Rivera, to represent Cole. The seasoned lawyers found that the trajectory of the fatal bullet that ripped into Felipe Angeles' back probably didn't come from street level, where the pimp said Anthony and Cole attacked Angeles, but from a floor or two higher, and that the unidentified third man may have been the gunman. Most importantly, star witness Jones was forced to admit he didn't witness the murder.

In early 2010, a judge freed Reggie Cole. Then one year ago, Compton Superior Court Judge Kelvin Filer freed his friend Obie Anthony. Last month, Anthony and his fiancée, Denise Merchant, went to pick up their marriage certificate — and wed on the spot. He was dressed in a suit and tie for a speaking engagement, she wore skinny jeans and a blouse. "We were matching," Anthony says. "It was one of those fun and spontaneous things."

Reggie Cole is full of joy as he holds his baby girl in his arms. She tugs on his glasses. "I sat in a cell 17 years wanting a child," he says. "She's what I fought all those years for."

In 1979, Obie Anthony, then 5, moved from St. Louis to East Los Angeles with his mother, stepfather and older sisters. They lived in a "bitty" two-bedroom home with their German shepherd, Max, for about four years before moving to 47th Street and Broadway. In junior high, Anthony joined the Crips and became known as "Lil Day Day."

"My circumstances had already made it possible to be in the streets like that," Anthony recalls.

After his stepfather died, Anthony's mother went into a tailspin for the better part of a decade. With his mom addicted to drugs, Anthony remembers, he resorted to stealing food. "It was a struggle coming up living in the inner city," he says. "I didn't have the wherewithal then to make the requisite choices."

Anthony now lives in the high desert town of Apple Valley with his new wife, childhood sweetheart Denise Merchant, who helped him survive his nightmare years at Calipatria by reconnecting with him when he was behind bars. Long before his conviction was overturned, she proposed to him.

Dressed in blue jeans and an untucked-in, white dress shirt, the goateed Anthony wears his hair short, with a stud in his left ear. He dreams of becoming a criminal defense investigator, while Cole wants to become a paralegal who works with advocates for the wrongly convicted.

Cole grew up in what he describes as a "typical home in the ghetto," the fourth of five children, raised by his mother and stepfather near 98th and Hoover streets. His older brother, also in the Crips, was murdered at 15 in a drive-by during L.A.'s bloody street wars of three decades past. His killer was never caught.

"You going to be where you from," Cole says. "My whole situation was dire from the beginning."

In the Crips, he was known as "Gumby" for his goofy attitude.

"I was no angel, but we weren't murderers," he says. "We had the opportunity to come out of that crap and be something."

When Cole was sent away for murder, he was a lanky 18-year-old, 5 feet 11 and 140 pounds. He's now in his late 30s and the father of an 8-month-old girl.

Tall and still thin, his eyes show signs of weariness. His plaid, button-up, short-sleeve shirt reveals star tattoos on his forearms — plus "N" and "D" to symbolize Nine Deuce, and the scripted names of four dead friends. He has two scars over his right eyebrow and wears gold Versace glasses and a stud in his left ear. He lives with his sister in Carson, where he tried his hand at selling real estate.

Anthony had spent a few months in Juvenile Hall for a breaking-and-entering charge, but he wasn't prepared for hard time at Calipatria. "I was devastated going off into a world I didn't know nothing about," he recalls. "It was a scary situation for me."

Prison was harder on Reggie Cole, however. He had to fight for his life.

Calipatria State Prison in Imperial County has a population of about 5,000 men, with 20 officers watching 1,000 inmates in the yard at any given time — a 50-to-1 ratio. To Cole, Calipatria was "reverse society," a hopeless and dehumanizing experience. "Right is wrong and wrong is right in there," he explains.

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2 comments
abramsrl
abramsrl

This story is not unusual and I am glad that Christianna Kyriacou wrote the article, but there is a dimension which she missed.  I doubt she is aware of the vast corruption in the criminal justice system.   

 

My experience roughly parallels the time frame in this case, i.e. the OJ, Mark Fuhrman, Officer Perez, US Justice Department's placing the LAPD on parole era.  The knowing use of jail house informants, who were committing perjury to obtain favors from the DA, was so widespread that the late 1980's the appellate court had basically told the DA to stop prosecutions based on jail house informants. The Pimp's Testimony should have been disallowed because he was essentially a jail house informant.  DA's would also threatened witnesses that if they did not testify exactly the way the DA wanted, then the DA would prosecute them.  I heard those threats with my own ears -- more than once.

 

After the Ramparts Scandal, the LAPD was placed on "parole" under a consent decree with the US Justice Department and its parole officer was called a monitor.  The LAPD, however, got a bum rap.  The king pins of the railroading of innocent people into prison were the judges.  The LAPD officers were low man on the totem pole with the judges at the top and the DA just below the judges leaning on the police to TestiLie -- often against their will.

 

One defendant had a District Attorney go so far as climb up to his second story balcony and break into his bedroom while he was asleep and then threaten him.  When the defendant complained to the judge, he did nothing.

 

In another case, a DDA came to court to testify that there had been no communications between the DA's office and defense counsel.  A short while before, the defense attorney's office and home had been broken into and his stack of fax verifications had been stolen.  Although the file cabinets where the defendant's files should have been stored were broken into, the files had been stored elsewhere in the office.  Just before the Deputy Dist Atty was to take the stand and lie, lie, lie about no communications, defense attorney produced all 15 of the Fax Confirmations and original correspondence from the DA's Office. (Fax Verifications are printed out at the end of each day listing  all faxes sent or received, but fax Confirmations are attached to each fax showing that particular fax had been sent and received.)  The Deputy Dis Atty immediately left the courtroom and never returned to do her testiLying.

 

Judges tend to be political appointees and do the bidding of the political bosses.  If the Governor wants to run a Law and Order administration, then he expects judges to render up convictions, not acquittals of innocent people. 

 

Some judges confer with the DA behind the backs of defense counsel.  One judge filed a completely bogus state bar complaint against an attorney who happened to be a witness in her courtroom because he rebuffed the Assist DA's demand that he commit perjury or "the judge will get you."  The judge's "secret" complaint  with the State Bar made it sound as if the defendant had filed the complaint against his own witness.  The ostensible reason the bogus State Bar complaint took this form was to create a riff between the defendant and the attorney - witness.   Despite the pressure, the attorney refused to commit perjury and when the State Bar discovered that it was the trial judge who was pressing a bogus complaint against a witness in a case a pending in her own courtroom, The State Bar dropped the matter.

 

Later, the Judicial Commission found it appropriate for a judge to knowingly file a false complaint against an attorney, who was a material witness in her courtroom, in order to coerce him to commit perjury against an innocent person.

 

The Rot is at the Top.  While the LAPD is greatly improved, we should understand that the criminal justice system is rotten from the top downward, and there is no reason to believe that the police will be under less pressure in the future than they have been in the past.  I know DA's and police officers who fight this corruption, but they are not in a much stronger position than members of the public.  In fact, they are often more vulnerable.

 

vilebillc
vilebillc

Another lowlife cut loose on a technicality.

 
©2013 LA Weekly, LP, All rights reserved.
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