In 1997, Terry Daum was convicted after a trial, of three commercial robberies in Staten Island. The evidence against him consisted of testimony from one eyewitness for each robbery. In 2014, Terry discovered the police withheld evidence that was favorable to his defense. So, in 2015, he filed a motion to vacate the judgment of guilt based upon this newly discovered evidence.
After waiting almost two years for a decision upon his motion, Terry decided to pursue a successive federal petition for a writ of habeas Corpus, and the United States court of appeals for the second circuit issued a mandate stating he met the strict criteria to file the petition, which is difficult to do. To meet that criteria, you must show by clear and convincing evidence that no juror would have found you guilty if not for a violation of the constitution.
Terry’s case is only one of many examples how our judicial system fails to get guaranteed justice for all. We’re the greatest nation in the world, but yet we allow police, prosecutors, and judges to railroad citizens. I can’t tell you whether Jerr- whether Terry is innocent or not, but I do know our judicial system is flawed in so many ways that it sends innocent people to prison. If anyone is interested in learning more about Terry’s case, you can write him here at Great Meadow Correctional Facility. Terry’s name and prison number are Terry, T-E-R-R-Y, Daum, D-A-U-M, and his prison identification number is 9-7-A, as in apple, 1-2-9-5.
This is Dontie S. Mitchell, better known as Mfalme Sikivu, reporting to you from Great Meadow Correctional Facility in Comstock, New York. Follow me on Facebook @freeDontieMitchell. Thank you for listening, and God bless.
(Sound of a cell door closing.) These commentaries are recorded by Noelle Hanrahan of Prison Radio.