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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

Seeing people being raped and killed in prison forever changed Cole. "They are going to give us some money and say, 'Go away,' " he says incredulously, of a state program he hopes to tap, which reimburses the wrongly convicted. "It's not about the dollar amount. There's nothing they can do or say."

Vulnerable because of his slim build and lack of ruthlessness, Cole faced the ultimate inmate's nightmare on Nov. 28, 2000. As he tells it, bodybuilder Eddie Eugene Clark, a shot-caller known as El Diablo, whom Cole had considered his "homeboy," came at him with a shank and slashed his neck. Another inmate witnessed the altercation.

Official crime scene photo, top, depicts the eerie South Central corner of 49th and Figueroa nearly 19 years ago when Felipe Angeles was slain.
Official crime scene photo, top, depicts the eerie South Central corner of 49th and Figueroa nearly 19 years ago when Felipe Angeles was slain.
Now an Imperial County Supreme Court judge, Christopher Plourd and his team spent five years digging up missteps by LAPD.
PHOTO BY: JOSELITO VILLERO/IMPERIAL VALLEY PRESS
Now an Imperial County Supreme Court judge, Christopher Plourd and his team spent five years digging up missteps by LAPD.

El Diablo had for a month been nursing a hard-core grudge against Cole, ever since an alarm had signaled for inmates to drop to the ground, Plourd says. El Diablo's cellmate was caught tossing aside a glove containing a knife and, according to Plourd, El Diablo wanted Cole to take the blame, since he was serving life without parole anyway. Cole refused.

"There's no way you can opt out of prison politics," Cole says now. "If you even try, you become a victim."

Cole realized, "I was going to kill him, or he was going to kill me. Contrary to what people were talking about, that was my older homie, and I had a lot of love and respect for that dude."

About 15 minutes after Clark slashed his neck, Cole took his chance. Prosecutor George Castello says Cole jumped over the back of a correctional officer who was frisking El Diablo on his way in from the yard; Cole fatally stabbed him.

For nearly a decade after he'd killed Clark, Cole was trapped in a solitary cell, 15 steps across and 12 from side to side. "It's strange being out here again because all I know is prison," Cole says now. "I don't see anything the same way."

When the California Innocence Project took Cole's case in 2002, it requested the assistance of San Diego–based defense attorney Plourd, an expert in the use of forensic evidence to solve cold cases. In his 30 years in the field, Plourd had represented a dozen death row inmates, as well as Spector during the music legend's 2007 trial.

Plourd wears rimless glasses and is clean-shaven, with reddish brown hair and wisps of white at his temples. He now presides over criminal cases as a Superior Court judge in Imperial County. But for five years, attorney Plourd prepared for Cole's second murder trial.

In doing so, he uncovered what he describes as prejudicial actions and sloppy work by both LAPD and the Los Angeles County District Attorney's Office in the original murder of Felipe Angeles in South Central.

The case was investigated by Marcella Winn, an LAPD detective at 77th Street Division. It was Winn's first homicide as primary investigator, paired with now-retired partner Pete Razanskas, a veteran of almost 15 years. Anthony alleges that Winn "was more out to prove herself and not who committed the crime."

Plourd's team, in reinvestigating the slaying of Felipe Angeles, found key missteps by LAPD:

John Jones' daughters, not "eyewitness" Jones, were the eyewitnesses to Angeles' killing, a fact LAPD never uncovered. Jones had never seen the killers' faces. When this evidence came before him during Anthony's appeal, Compton Superior Court Judge Kelvin Filer noted, "To wit, [the daughters] were eyewitnesses to the incident and had information which could have impeached John Jones' testimony."

Forensic pathology expert Dr. Harry Bonnell determined that the bullet to the back that killed Angeles traveled through him at a downward trajectory of about 40 degrees. Plourd says, "The person who shot the gun that killed the victim had to be on the second floor or roof." LAPD had insisted the fatal shot came from the young black men at street level.

Information relevant to the case that was published by Times reporter Corwin, author of The Killing Season: A Summer Inside an LAPD Homicide Division, included his experiences shadowing Winn and Razanskas; it was left out of LAPD's police report. Plourd obtained the suppressed evidence and lambasted a "shoddy" LAPD investigation.

In his testimony during Anthony's 2011 appeal, John Jones said LAPD had informed him he'd picked out the right people from the six-packs, suggesting that detectives had already decided Cole and Anthony were the killers.

Deputy DA Castello today says of the plea deal given to Jones after he'd fingered the two teens, "I didn't arrange any deals for him to testify."

But LAPD wrote two letters requesting leniency regarding Jones' 12-year pimping sentence, which was slashed to probation. When Judge Filer ruled in favor of Obie Anthony in 2011, Filer said Jones had been given a "sweetheart deal" for his testimony.

"From the very beginning, this whole thing was a setup," Cole says. "There's nothing we could do about it."

But Plourd's relentless investigative team did do something.

On Oct. 24, 2007, at the El Centro Courthouse in Imperial County, Judge Donal B. Donnelly struck down Reggie Cole's old South Central murder conviction, agreeing that he was a victim of ineffective counsel, which amounted to a denial of Cole's Sixth Amendment right to representation.

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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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