June 10, 2024 • 47 mins
When he was just 20 years old, an act of violence changed James “Jimmy” Soto’s life forever. Despite no physical evidence and numerous alibi witnesses, Jimmy and his cousin David were convicted of a 1981 double homicide in the Little Village neighborhood of Chicago, IL. They would end up serving 42 years in prison, the longest served wrongful conviction sentences in Illinois history.
While incarcerated, Jimmy earned a bachelor’s degree and became a regular in the law library. He helped dozens of his fellow inmates with their legal cases, including his cellmate, Robert Almodovar. Jimmy and Robert formed a lifelong friendship. They helped each other survive prison — and now that they are both exonerated, they’re helping each other adjust to life on the outside.
To learn more and get involved, visit:
https://www.gofundme.com/f/life-after-42-yrs-of-wrongful-imprisonment
https://paroleillinois.org/
Wrongful Conviction with Lauren Bright Pacheco is a production of Lava for Good™ Podcasts in association with Signal Co. No1.
See omnystudio.com/listener for privacy information.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:05):
Tens of thousands of people incarcerated in the US have
been wrongfully convicted and are being held in captivity for crimes,
even as they adamantly maintain their innocence. What's it like
to be one of those imprisoned people, and what's it
like to be their ally, the one outside committed to
fighting for their freedom. I'm Lauren Bride Pacheco, and this
(00:27):
is wrongful conviction. When he was just twenty years old,
an act of violence would change James Soto's life forever
and the trajectory for the next four decades. At about
(00:48):
nine pm on August sixteenth, nineteen eighty one, shots rang
out in Chicago's Little Village neighborhood, killing two people and
injuring a third. Although eyewitnesses initially pointed to other suspects's,
police ultimately arrested a few members of the two six
Street gang, which controlled the territory, including James Soto. Despite
(01:10):
no physical evidence tying him to the crime and plenty
of defense witnesses, James was convicted of the shooting and
sentenced to life without parole. Soto and his cousin David
Ayala would spend forty two years in prison. The longest
served wrongful conviction sentences in Illinois history until they were
(01:32):
exonerated in December of twenty twenty three. James Soto is
joining me today with a man who's been a tremendous
support to him and shares much in common with James
as well. In addition to also having been wrongfully convicted
and exonerated. Robert Almodovar is not only a close friend
(01:54):
to James, but the two men were actually cellmates while
in prison. Both now share the same passion and for
raising awareness for criminal justice reform. We have so much
to cover. Thank you both for joining me, Jimmy and Robert, Well.
Speaker 2 (02:10):
Thank you for hosting us and having us here.
Speaker 3 (02:12):
Absolutely, thank you.
Speaker 1 (02:13):
So Just Jimmy to go back to the very beginning.
You know you're now in your sixties, but take me
back to the young man you were before all this
happened in nineteen eighty one. Where did you grow up
and what was your upbringing?
Speaker 3 (02:27):
Like?
Speaker 2 (02:29):
All right, Well, I grew up in the Pullman area,
which is on the far south side of Chicago on
ninety eighth in Avalon. I've learned later in life that
the neighborhoods that we grew up in in our formative
years really make us who we are. So I will
always be a Southsider from Chicago and the people in
Chicago because we're so segregated, We're very proud from whatever
(02:52):
section of the city that we come from. So but yeah,
I grew up there. I had a fondness for sports.
Baseball was my number one thing. I was on the
Avalon Cubs, which at a young age made me a
Cup fan and I am a Cup fan for life,
and I was so glad when they won the World Series.
Unfortunately I was locked up when that happened, but I'll
(03:13):
take it. So the summer of my fourteenth birthday, we
moved to the Brighton Park area, which is on the
southwest side of Chicago, and I stayed there for most
of high school. Then in nineteen eighty one, my uncle
was murdered by gun violence in the Little Village area,
and that was my cousin and co defendant, David Yalla's father,
(03:36):
I'll Fonso, and they had her house in Westchester anyway,
in the western suburbs, and I wound up going to
live with David shortly thereafter. It was a very nice
suburban home, had a built in swimming pool. It had
a mini gym, a greenhouse, five bedrooms, two and a
half bats, basement, fully furnished. So you can imagine David
(04:00):
was eighteen and I was twenty. I wouldn't say young men.
We were more like late adolescents, teenagers more so. Living
in a nice house. And yeah, I mean Dave had
some money that his father left them. There was a
life insurance policy, so he didn't have to work at
the time. I was working at United Parcel Service as
(04:22):
a sorterer. But to say that we weren't enjoying ourselves
living pretty lavishly would be an understatement. So having all
that naturally made the Chicago Police Department CPD seeing us
driving you know, luxury fancy cars, Lincoln Cadillacs, those were
the cars of that time period. You know, Oh that's it.
Speaker 1 (04:45):
So they made the assumption that they knew how you
were bankrolling all that.
Speaker 2 (04:50):
Yeah, the assumption was that it was coming from, you know,
illicit drug sales, but that was not the truth. The
truth was were just some things that were left over
to David and I'm working. I actually was paying car notes,
so my car was being financed. So had they dug
a little deeper, they would have realized my car particularly
was not paid off.
Speaker 1 (05:11):
Coming from the neighborhoods that you did. Was gang activity
very much on your radar on a daily basis throughout
high school?
Speaker 2 (05:20):
No, absolutely not, it was not. It wasn't really until
nineteen seventy nine when David's brother, Alfonso the third gets
killed by gun violence. It was very hard for me
because it was my brother, David's oldest brother Tyrone. Then
it's me and then Alfonso and then David, and we're
(05:40):
all one year apart. So I would spend a lot
of summers at David's house when they were living in
Little Village. And so that's how I wound up getting
involved in any gang was because my cousin had been killed.
You know, I took it pretty hard, and as a
young he was seven, so I would have been eighteen.
(06:02):
As a young eighteen year old to have to deal
with that, you know, there was no one that gave
me any therapy for the trauma I was dealing with,
and the loss of I consider more like a brother
than a cousin, and so to know that he was
killed in that way, I misguidingly wanted to be part
(06:23):
of the same thing that he was involved in to
seek some type of revenge. But it wasn't like I
was out looking for revenge. It was just a way
in his honor that I thought, I need to be
a part of this, I need to do something. Yeah.
Speaker 1 (06:37):
And there's also a huge social component of that too,
of course, it's belonging in friendship and camaraderie.
Speaker 2 (06:45):
Yeah, But I would not define myself as a hardcore
gang member. I was what people would label as a
marginal gang member. I was on the fringes. I was
not someone because I'm working. I didn't have no time
to go hang out and do whatever.
Speaker 1 (07:02):
So had you ever been on law enforcement radar before
the incident in the time leading up to it, had
you ever had trouble with the law?
Speaker 4 (07:13):
No?
Speaker 2 (07:14):
Well, yeah, I was arrested one time for what's called
a uu W unlawful use of a weapon. Some detectives
that pulled me over and found a gun, unregistered gun
in my car and charged me. But when it came
down to the problem cause of why they stopped me,
it was simply because I was in Lincoln Continental and
(07:35):
I was just I guess you would say profiled, and
my lawyer was able to get the case thrown out
pretty easily because of the illegal stop, and the judge
threw it out. So that was on my only criminal record.
I had no other runs with law enforcement when there
would be various shootings. Once they knew I was part
(07:56):
of a game, I was taken in several times and
questioned about it. I just, you know, said I want
a lawyer, and they pretty much left me alone.
Speaker 1 (08:04):
And at the time, so you're employed for two years
at that point with you said, ups, what were your
thoughts or plans for the future?
Speaker 2 (08:12):
I mean, you know, I had a girlfriend at the time.
I just learned, maybe two weeks before I was arrested
on this case, that she was pregnant. So in my mind,
I'm like, okay, she's going to have a baby. When
I learned she was pregnant, my thought was, I'm going
to settle down. I'm going to have to get my
own place and start a little family.
Speaker 1 (08:33):
So take me to the night of the incident. So
it was August sixteenth, nineteen eighty one, around nine pm
on the southwest side of Chicago. Where were you at
the time.
Speaker 2 (08:49):
I was in Westchester. It was me my cousin, David,
his girlfriend, my girlfriend, and my oldest sister were two
of her kids were at the house, and my sister
had prepared a meal for us, and I remember that
I just got my two plates and I went up
to my bedroom with my girlfriend and we were watching
(09:10):
some movies on the VCR, so long ago. Those things
are now no longer in existence. And yeah, she left
later in the evening, at around ten o'clock. So they
had the story on the ten o'clock news about, you know,
two people being shot killed and one third one being
(09:31):
injured at an incident in Petrowski or a Keiler park.
Speaker 1 (09:35):
So, for somebody who's not familiar with the geography, how
far were you physically away from where the shooting occurred.
Speaker 2 (09:43):
I would say that was a distance of about thirty
miles at least.
Speaker 1 (09:47):
So you're thirty miles away, and unfortunately, yes, three people
were shot too, fatally wounded, a sixteen year old Julie
Limas who was aspiring to be a police officer, and
an eighteen year old Hector Valeriano, who was on leave
from the US Marine Corps at the time. So it's
(10:11):
a tragic incident. But you're thirty miles away from it
at the time.
Speaker 2 (10:17):
Yeah, my thought was, you know, that's a terrible thing
that happened in the neighborhood of the gang or organization
that we were part of. But I didn't give it
a second thought to think who might have had any
involvement in it. I figured, oh, they're going to get
somebody for this, But little that I know they would
eventually try to point the finger at me.
Speaker 1 (10:38):
So yeah, the investigation ends up focusing on gang rivalries,
and even though eyewitness accounts identified entirely different people, the
investigation then starts focusing on the two six gang that
you're affiliated with, but just on the fringe. When did
you find out that you were on the investigators radar?
Speaker 2 (11:02):
To my knowledge, my name doesn't really come up until
the month of October. I believe that's when they finally
start saying, well, okay, because they thought they was involved.
They said, okay, well this other guy has to be
involved as well. But it was never really founded on,
like you said, on any eyewitness identifying me. It was
(11:23):
just they now said, okay, if David's involved, this other
guy got to be involved as well.
Speaker 1 (11:28):
So they just bundled you with your cousin, and neither
of you were there, correct, So how were you arrested?
How did that go down? Where were you? Who were
you with?
Speaker 2 (11:39):
So I got arrested on October fifteenth, once again, I
was in Westchester with my girlfriend, and ironically my sister
was there as well, the oldest sister that would be
later be my alibi. She was there. She made another
homemade meal, I remember it. It was spaghetti with homemade
meatballs and Italian sausage and garlic bread. And I was
(12:01):
just beginning my plate to take it upstairs with me
and my girl to share, when we hear the knock
on the door, boom boom, and then there's a pounding
on the back door, boom boom. I'm like, what's going on?
So we look out the window and we see all
these lights and policemen running up to the thing. We
open the door and they come in and cut us up.
They just said they had a warrant. They didn't say
(12:23):
it was an unrest warrant. They didn't say whether it
was a search warrant. Yeah, So they went about the
house searching it, obviously not coming up with anything, and
they took us into custody and when I get to
the police station is when I first learned that. They
tell me you're under arrest for two murders and a
temp murder and this is a capital offence and you
(12:45):
better say something now if you want to save yourself.
Speaker 1 (12:48):
Well, Jimmy, what was going through your mind? You must
have thought, all right, stupid mistake, it's going to be corrected.
Speaker 2 (12:56):
That's exactly what's going through my mind. I'm like, this
can't be right, you know. Fortunately, there was an attorney
that was at the police station who would later become
my trial attorney, and he came and spoke with me
and said, they said they have witnesses, and he said,
I don't have any of the paperwork. He asked me,
point blank, did you have anything to do with it?
Of course I told him no, and he's like, well,
(13:17):
don't worry about it. If you didn't have nothing to
do with it, it'll work out. Just don't say anything. And
that was it. So in my mind, I'm thinking, Okay,
it's a mistake, and you know, they could be cleared
up fairly soon and I'll be out. But that wasn't
the case.
Speaker 1 (13:32):
From that moment on. You're held until your trial.
Speaker 2 (13:36):
Yeah, I was held with no bond in the Cook
County Jail. I was there for probably a year before
I went to trial. I went to September of nineteen
eighty two to trial. But leading up to it, I
would eventually find out some pieces of like that they
only had one witness who would be best termed an
accomplished witness. He was a young teenager as well, and
(13:59):
he made statement that David and I were supposedly conspiring
prior to the shooting with a group of other individuals
to attack a rival group. That David gets a phone
call and David then provides the key to a custom
blue van and gives us weapons, and we go out
(14:20):
to the park and me and another co defendant supposedly
walk down the gangway and shoot at the people. And
you know there was three victims as a result.
Speaker 1 (14:29):
But that seems like a very convenient theory, Well it.
Speaker 2 (14:34):
Was for them. Yeah, I didn't know that they had
rounded up again to the Coaster trial, that they rounded
up twenty five people with the rest warrants, and that
out of the twenty five, at least maybe ten or
maybe twelve of them made statements which collaborated in some
sense what this individual was saying. But you have to
bear in mind that there was probably only out of
(14:56):
the twenty five people, maybe five were over the age
of seventeen. Every somebody else was fifteen and sixteen year olds.
And I was really mad that, you know, these individuals
who were supposed to be part of a group that
I was involved in, would break down and make this
false narrative. And so my reaction was as a young man,
that these guys are punks, they're chumps, they're snitches. But
(15:18):
as I became more mature and I was doing my studies,
I realized that they were just as much victims and
or even more so than anyone else other than those
that lost their lives and the other that got shot.
Because they were held for three days. Imagine you a
fifteen year old held three days in custody. Some of
(15:39):
them urinated on themselves, being choked, getting nothing to eat,
denied water, I mean, the sleep deprivation. I had to
look at it, and putting myself in their shoes, I
probably would have broke down and said anything they wanted
me to say at that point. So, you know, the
police officers, law enforcement have techniques that they could make
(15:59):
a grown man who was innocent telling himself so let
alone at juveniles. So that started to make sense to
me as in the following years after my conviction, what
really was going on.
Speaker 1 (16:12):
I'm trying just to get my mindset wrapped around your
living your life, have a steady job, have a steady girlfriend,
have a baby on the way. You're twenty years old
and your life is just interrupted, taken away from you.
(16:32):
What was that year like for you being held in
the Cook County jail.
Speaker 2 (16:39):
I mean, it was probably one of the worst and
hardest years of my life because my girlfriend would eventually
lose the baby. She had a miscarriage. It was due
to squarely to stress. She wasn't eating right because she's
worried about me. I'm locked up. My car gets repossessed.
You know, expensive rims on my car. I had a
(16:59):
nice sound system. When they repossess it, it's not like
they're going to give it back. They take all that
with it. So I lost that. I was upset with that.
Speaker 1 (17:06):
But are you in contact at all with your cousin
David at this point? Is he being held at the
same facility.
Speaker 2 (17:13):
Yeah, I'm with him for the most part. For I
would say at least half of that time, or maybe
seven months we were held together. There was periods where
we would be split up. You know, that's how the
jail is. Oftentimes you're moving to another section of the
jail and they don't really give you any reasons why.
It's just it's disruptive. The jail is not nice. It's
(17:34):
super violent, and you're going to get in fights. It's
just part of what's going on there. And we're packed
in there. There was overcrowding problem. It was people sleeping
on the floor in the dayroom. So you got this
group of people and you don't have so much phone times.
It was always fights over the phone if nothing else.
So yeah, that in TV, what show you're gonna watch,
(17:55):
what channel you're gonna watch on TV? I would always
wind up be in a fight.
Speaker 1 (17:59):
So in terms of you and David, your mindset heading
into that trial, how would you categorize the trial in general?
And were you at all confident?
Speaker 2 (18:10):
I didn't know much about the law, the legal system,
its process, and so my attorney puts on an alibi defense.
And I told you, the only evidence that really comes
up that indicates either David or I is this so
called accomplice witness, and he had implicated two people in
this conspiracy as being part of this meeting that led
(18:32):
up to the shooting. One was in the hospital in
a coma told state after being hit by a car.
So he's in Mother Cabringing Hospital on the West Side
in a coma. Mind you, this guy testifies before the
grand jury that he's evolved with the case. The second
individual was in juvenile custody and he had to plicase
(18:55):
him as well. So this individual locked up ten days
before this crime, maybe even longer. And I'm thinking, Okay,
we're showing that he clearly lied before the grand jury.
And there's another fact. The accomplished witness says that David
owned a blue Custom van. No Blue Custom band was
ever recovered. They never showed David owned one. Now one
(19:16):
person says he owns this band, that he ever had
a van, there's no weapons ever recovered. And then they
said there's a phone call that happens from home running
pizza to David's house in Westchester slightly probably a half
hour before the shooting happens, supposedly from two young women
who say that they alert David that there's a rival
(19:38):
group in there. Well day subpoena the Illinois Bell telephone records,
which showed no phone call was made from Home Run
in that entire night to David's house. So again, these
things I'm hearing during trial, and I'm thinking, oh, well,
there's no way they're going to find me guilty if
they're hearing that. And so I'm thinking in my mind,
(19:59):
as my lawyer told me, you're going to beat this case.
You're going home whenever the jury comes back. There's no
way they're going to find you guilty. So I'm thinking, yeah,
I'm going home.
Speaker 1 (20:09):
Because you have multiple witnesses who attest your alibi and
innocence being told by your defense that you should be confident.
Take me to the moment that the jury announces their verdict.
Speaker 2 (20:25):
It was maybe close to nine and a half hours
on a period of two days, the first evening into
the next day that the jury is deliberating, and they
send a note down and tell the judge that they're
struggling to come up with a verdict and they think
that they might be a hung jury because they cannot
come to a unanimous decision on this case. And so
(20:46):
my lawyer says, well, that's a good thing. That means
they're struggling. Well, the judge just tells the jury go back.
He wouldn't accept them, saying that they were hung. About
a half hour later, they come in guilty of all charges.
So when I hear that verdict, when you know you
got to stand up to hear it, the reaction was
you could hear of some gasp. The state's attorneys were jubilant.
(21:07):
They were high five in each other, and I'm looking
at them. Then I turn around to look at my
family and just see them all breaking down in tears.
To see my father, who was the rock, the foundation
of our family, broken down crying. My sister's crying, my
girlfriend crying, It made me furious. I looked at my attorney.
I said, I thought you said we're going to beat this.
(21:27):
What happened? I looked at the judge, I looked at
the jury, looked them in the eye, and I'm like,
how could this happen? How could you come up with
a guilty verdict based on such flimsy evidence. So when
I do talk to my lawyer once again in the bullpen,
he comes to see me. He's seeing the how upset
I was, and he was like, no, you got to
(21:47):
hang in there. You gotta be strong. I said, it's
easy for you to say, and I said, so, what
are we looking at? And he's telling me that, well, unfortunately,
the laws in Illinois are that if you're found guilt
you have two or more murders, you got to mandatorily
get natural life. And I'm like, so what does that mean.
He's like, it means what it means. And I'm like really,
(22:09):
and he said, no, don't worry, We're going to go
on appeal. We're going to do the appeal. There's a
lot of things they're done wrong.
Speaker 1 (22:24):
So months turned to years turned to decades. What was
the biggest hurdle for you transitioning to life in prison.
Speaker 2 (22:36):
The most difficult thing is being away from family, hearing
the family milestones, graduations, baptisms, communions, weddings. I wasn't there
to see people have their you know, the birth of
a child that's such a celebration, and so many families
when a new life comes in there and I'm not there,
it was difficult for me to deal with. And then
of course trying to maintain a relationship that certainly very hard.
(23:01):
They got to come visit, you got to make phone calls,
et cetera, and so forth.
Speaker 1 (23:05):
Well, there are so many layers to that onion, and
also in terms of you know, you're missing those events
with your family, but your family is missing them with you.
Speaker 2 (23:17):
Yeah. Yeah, And I would always want to put on
the strong front. I'm okay, don't worry about me, you know.
And as I started studying the law, I was able
to articulate to them some of the things that were wrong. Hey,
we listen, my attorney didn't do this, or the prosecution
did this. And so when I was able to do that,
I guess they would see the hope emanating from me,
(23:37):
and so it would make them feel a little bit
more at ease. But there was times it wasn't easy.
Prisons in the eighties and early nineties was in Illinois
were particularly violent. State Bill was very violent. I mean
murders occurring there. There was a lot of things that,
you know, a lot of stabbings, a lot of assaults.
Speaker 1 (23:53):
That's a question that I have for you because even
though your affiliation with a gang in ended up getting
you on the radar of the police in a way,
did that affiliation protect you at all? Once you were
in the inside.
Speaker 2 (24:09):
Yeah you had to be. I was definitely affiliated with
the games in there. But the downside of that is
that when other individuals would do, you know, do things like,
for example, somebody would gamble and then not be able
to pay. Now this individual is going to get into
a fighter. I have problems with another group, another person
from another group, which then involves everybody, and now here
(24:31):
it is we're fighting in there over somebody who should
have never been gambling because he didn't have the money
to pay in the first place. At some point in
the mid nineties, I said, this isn't getting me anywhere.
You know, I was smart enough to know that this
behavior is viewed as a negative, and I didn't want
to be in that light. And so I'm no longer.
I don't want to be a part of it, no
long no more. I'm sure people looked at me like
(24:54):
he's flaking out, he's he can't handle it, But I
didn't care. I think that was one of the best
choices in my life. Life That happened around ninety six.
And yeah, I mean, well.
Speaker 1 (25:04):
You know what, it's maturity too, But you were doing
what you needed to do to survive through your younger twenties.
How long did you and your girlfriends stay together?
Speaker 2 (25:15):
We were probably together for the first ten years of
my incarceration, and in retrospect, I look at it. We're
arguing about really simple things like how come you to
pick up my phone call? Where were you at? You know,
Accusations that she might be cheating on me and those
type of things eventually deteriorated us and she wound up
having a relationship with someone else. But she would period
I'm in and out of my life over my incarceration,
(25:37):
and in the end for the last like you know,
seven years, I would say she was there for me.
But yeah, it makes it easier to have a love
interest in prison, knowing that somebody cares about you. I
never really doubted the fact that she didn't have feelings
for me or love me.
Speaker 1 (25:55):
It's hard to maintain a relationship exactly.
Speaker 2 (25:58):
The physical absence is is hard.
Speaker 1 (26:01):
As you mentioned, you began spending a chunk of your
time in the law library.
Speaker 2 (26:07):
Well. As I became more and more proficient in the
tenants and the operation of the law procedures, etc. I
began to have success winning particularly at first, just sensed
reductions for a lot of individuals, and eventually I won
some new trials. I began to get more new trials,
more sentence reductions, and so I was also doing civil complaints.
(26:29):
Guys would eventually went on that.
Speaker 1 (26:31):
So you became what they call a jail house lawyer.
Speaker 2 (26:36):
Yeah, I never did particularly like that term. I like
to call myself a prisoner advocate, but yeah, that's definitely
what that was termed.
Speaker 1 (26:44):
But I think that's so admirable. Jimmy, what was the
turning point for you? Because I can't imagine the anger
and the frustration your life's been taken away from you
in decades. At this point, where did you turn that
into I'm going to figure out enough to help not
only myself, but to help other people.
Speaker 2 (27:06):
My thought process was this that if I could be
proficient or do adequate work for other individuals, it would
just make me a better litigator and I could hone
my skills that way work it through others. Again, looking back,
my early attempts was by trial and error, and I'm
a bit of a perfectionist, I will admit that, and
so I said I could do this, but I always
(27:28):
kept education at the forefront. I was always involved in
some type of classes or some type of program, and
a lot of it sometimes with self taught. I would
just bother to use the materials there with the law library.
Speaker 1 (27:40):
So now we're getting to the point where you crossed
paths with our other wonderful esteemed guest, Robert. We've talked
about this. I'm not going to dive too heavily into
the specifics, but in a nutshell, you and a co
defendant were convicted in nineteen ninety five of a double
homicide the year before, and at the time you were
(28:03):
a young father, working long hours and attending night school,
and when you were arrested you had no previous convictions.
You were twenty when you were convicted, which is something
that you two gentlemen share in common. And the case
against you rested on eyewitness reports obtained by a rather
(28:24):
notorious now retired Chicago police detective named Rinaldo Guervera. He's
since come under fire over allegations he coerced witnesses and
framed innocent people in dozens of other investigations. But you
two are in prison, you're both wrongfully convicted. Take me
(28:46):
to the first moment your paths crossed, and Robert, why
don't you tell me about meeting mister Soto for the
first time.
Speaker 3 (28:54):
Jimmy Soto. I heard of him.
Speaker 4 (28:56):
You know, his name is under like a legend prison
basically everybody know who he was. Everybody knows all the
work he did and how he helped a lot of people.
So I knew of him before I ever met him.
So he was in state Ville, he didn't getting tramped
to Minar. When he got to Thenar, you know, believe
or not, everybody was like static because this guy who
(29:17):
helped a lot of people is now in Minar. So
everybody wanted to reach out to him, contact him some
type of way to get his assistance something, because he
a type of person. You know, his reputation receives him
as far as he's an up, upstanding guy.
Speaker 1 (29:33):
So you arrived at Minard with a fan club in place.
Speaker 3 (29:37):
Yes he did.
Speaker 4 (29:37):
He's really shy about that, I guess, but this is
who he is, This is reputation.
Speaker 1 (29:42):
Then do you remember the first time you met him.
Speaker 4 (29:45):
Yes, I was in the same set house as he
was South Flowers in Menar. He was on two, I
was on four, and I think his seat he was
in the going home or something like that.
Speaker 2 (29:56):
Yeah, he got paro.
Speaker 4 (29:57):
Yeah, he got parole, and he was looking for a
lly and one of the gadded workers asked me, would
you like to be Jimmy Soler SELLI.
Speaker 3 (30:05):
I was like, hell yeah, why wouldn't that be?
Speaker 4 (30:08):
So they end up moving me to his cell at
the time he was in the yard. So I'm gonna
sell by myself. I got my property in there. I
got situated, and when he came in to cell, I
went to induce myself.
Speaker 3 (30:22):
My name is you know Berta Amovar? He like, I
know who you are? Ready? Like how you know me already?
How the hell you know who I am? Said? I
know your uncle.
Speaker 4 (30:30):
I was alloted to uncle in state Ville and he
teld me everything about your case, everything by you, And
I was like, whoa.
Speaker 3 (30:37):
I was surprised.
Speaker 1 (30:38):
I loved the nicknamed Sally for sale mat. It's very
much an Illinois thing too. I've never met anybody who
spent time in Illinois. He didn't use Sally. But how
does that impact on a day to day if you've
got a good sale mate or a bad cellmate, Because
just describe the space that you two were, Oh.
Speaker 3 (31:00):
My god, to sell, Like what how big was?
Speaker 1 (31:03):
It was?
Speaker 4 (31:03):
A small self six by nine, six by nine, bumpit
and sinking to in the back of the room, real
small compact cell. And as far as Sally's, it make
a big difference. You got a good seudy or a
bad seting? It can you know, it can make your
time hard or easy. And so we do get a
good seting. You want to keep them far long as
(31:24):
you can.
Speaker 1 (31:25):
So you guys were seal mates for four years?
Speaker 3 (31:29):
About four three years?
Speaker 1 (31:31):
Yeah, more like all right, so what made you guys
good sale mates?
Speaker 3 (31:35):
We just jailed real quickly. I mean, so you walk
in the cell.
Speaker 4 (31:39):
You you could tell you right away by the first
couple of seconds is you two will get along with
that right there and then.
Speaker 3 (31:47):
And we just we never had no arguments, We never
had no disagreement. We just jail.
Speaker 4 (31:52):
We cooked together, we ate together. We had common ground
as far as our cases go. Look at them like
a big brother like our father. For I mean, he
showed me and taught me a little about the law,
and just in case we did separated, he basically taught
me what I wrote that note, so what I need
to do just to case get separated. And that's way
I know what to do with my with my legal stuff.
(32:15):
He became family, you know, because being at cell like
twenty three to one most of the time, you know,
the cell is so small. You get you know, there's
nothing to do buty top and you know each other backgrounds,
family stuff, So.
Speaker 3 (32:31):
It got real personal. He probably know me better than
my own family. To be honest with.
Speaker 1 (32:34):
You, I can imagine that any bad character trait the
other person has is like magnified, you know, put on
volume ten. Absolutely no, So neither one of you had
annoying habits that bothered the other one.
Speaker 2 (32:48):
Come on, I mean came in. He didn't have a
lot of hair on his face, but he would take
a long time to shave. In fact, he probably won't
admit this, but one of the things I did do
was Robert got locked up fairly young too, and I
would later learn that his father wasn't in his life
when he came into puberty when his hair is coming in.
So Robert was shaving against the grain, and I would
(33:09):
tell him, you got to go with the grain in
order not to have irritation, because sometimes he would have it.
Roberts has very sensitive skin, and so I would tell
him you got to go with it, so, you know,
to show him how to shave.
Speaker 1 (33:20):
I love that you taught him how to shave correctly,
no more.
Speaker 2 (33:24):
Or the right way to She knew how to shave
righting it and Robert.
Speaker 1 (33:30):
Jimmy didn't do anything that that ever got on your nerves.
Speaker 2 (33:34):
I mean it was now and then he would play
some music a bit loud when I was doing legal work,
but I would just with my own headphones on the
list to my own music, you know. I mean, there
was ways in which we could avoid being in each
other's space. We did eventually get separated and I would
eventually wind up going to another unit, North one and
he remained in the South house.
Speaker 4 (33:54):
But due at the time though he was able to
still stay able to communicate with Yeah. Yes, and the
way he did that we were kites and Carrie started
just like letters basically keep him up today, what's going
on with my family? Was going on my case and
vice versa or sometimes and we meet up at church
and we talk about certain things and stuff like that
at church.
Speaker 1 (34:14):
So you guys, it very much sounds like Jimmy, you
took Robert under your way.
Speaker 2 (34:20):
Yes he did well, yeah, I mean, but it was reciprocal.
It wasn't all that stad He would look out for me,
make sure I was straight. You need anything, If you
need something, let me know, you know. So there was
times that one unit might go on lockdown. The other
wooden man, you know, send me some summer sausages and
send me this. He would gladly send it. Tuna. I
love tuna, so he would send me tune.
Speaker 3 (34:39):
It's a big was the same way.
Speaker 2 (34:40):
If he needed something, I would look out for him.
Speaker 3 (34:42):
But not just that.
Speaker 4 (34:43):
Jimmy fortunately be a cross incrosserted for Solan that he
knows a lot of people, he got all connections to
as far as politics and stuff like that.
Speaker 3 (34:50):
He can't taught me the politics game.
Speaker 4 (34:52):
In prison, you know, have to govern around things also,
and like I we usual to get what onions, tomatoes?
Speaker 3 (35:00):
You know, he'sed to.
Speaker 4 (35:00):
Buy them off the gay green peppers. You know, ice
cream ice cream, so you get ice cream, you know.
Speaker 1 (35:07):
So there were ways you could maneuver better, better food choices.
Speaker 2 (35:13):
Yeah, I've been locked up longer. So going to Minard,
I knew a lot of individuals that were down there already.
I had don't legal work for some of them. They
were so glad to see me. They wanted to send
me stuff. I would never tell somebody, give me, you know,
expert doing work, why you know you get it? You
know this for that, but they would gladly say the
same thing. Robert would say, are you okay? So there
(35:33):
was a lot of people would often ask to be
you need something. I'm over in the kitchen. I need
someone over here when I get some ice cream mode.
Speaker 1 (35:39):
So that kind of support must be so important just
in terms of your emotional and mental state.
Speaker 3 (35:47):
Mental state.
Speaker 1 (35:48):
Yeah, but how did you guys? Do you remember any time,
particularly for the one another, where you guys hit a
tough patch where you showed up for the other person.
Speaker 2 (36:01):
For him, I understood, you know, he was away from
his daughter, so she was going up, or she would
the family would set a visit and were able to come,
and vice versa. My family would set a visit, they
wouldn't come, so we would pick each other up. You
are right, or you know, we'd make a special meal,
or he did most of the cooking, to be honest,
because I'm not a very good chef. But yeah, he
made a good piece of puff. I'll tell you that
(36:22):
I caught a hot pockets. Yeah, well it's a piece
of puff. But anyway, No, the thing is that, you know,
if you're really in there with somebody like this in
a small space, you could pick up on the energies
and sometimes just not talking to somebody isn't enough. Just
give them their space because they're in their thoughts. And
I would do that or he would do that for me,
(36:42):
and we would know not to bother the other person.
So that type of sense makes it that much more.
Speaker 4 (36:49):
Companions also just also for like the birthdays, Christmas and
stuff like that because we are so far. The minar
is like six to eight hours for the city, so
to get visits and something that is of your heart.
My fa I didn't see my fan for a while.
You know, they come for first to once every three months,
once every six months, once a year they went so
once every three years.
Speaker 3 (37:09):
Then it's just you know, away again.
Speaker 1 (37:13):
It's that passing of time. And so so you know, Robert,
you were in there for over two decades and then
in twenty seventeen life changed for you big time. You're
(37:41):
listening to Wrongful Conviction with Lauren Bright Pachecko. You can
listen to this and all the lava for Good podcasts
one week early and ad free by subscribing to Lava
for Good Plus on Apple Podcasts. So when you found
out you were getting out, how did you tell Jimmy?
(38:03):
Do you remember?
Speaker 3 (38:06):
Well?
Speaker 4 (38:07):
I was a menar for I think about twenty one years,
twenty one and a half years, and during my twenty
first year, they asked me, I want to go to Gailsburg.
Speaker 3 (38:16):
I'm like, sure, no problem, why not?
Speaker 4 (38:20):
But the thing is, I tell him about the news
that you know, there's some stuff going on in my case,
but I really know what's going to happen. I was
in Gailsburg for about two to three weeks and that's
when I get the phone call from my lawyer talking about, man,
I got some good news for you. You basically coming home
tomorrow Friday. I'm like, it was just so so real.
(38:41):
I just couldn't. I was just shocked, you know, because
you think about this day, you dream about that day,
you just already fantasy about it. But when it do come,
You're just like, is it really happening? Is it a dream?
I was ac static coming home, of course, being reunited
with my daughter and my family.
Speaker 1 (38:56):
You know. So Robert take me to after you get out,
how does your friendship change, how do you continue staying
in touch? And do you have almost survivors guilt? Do
you feel that pressure to get Jimmy out?
Speaker 4 (39:13):
The thing is Jimmy and I just Jimmy, but other
friends I made with in prison, they become family.
Speaker 3 (39:20):
You know.
Speaker 4 (39:21):
I didn't feel with Morris, but I feel like I
need to do something to tup the guys out any
way I can. So basically through you know, I'm going
to courts supporting the other guys, showing my support my
lawyer Jennifer Byji, who also know other lawyers. Eventually, you know,
I know these other lawyers basically networking and like I
(39:43):
tried to help other guys when I can so far
as like with Jimmy, Jimmy asked me, do I know
a lawyer named Lauren. So at the time, like, yeah,
I know Laurence.
Speaker 3 (39:53):
She's my girl. She's cool with me. We tight. He's like, man,
I need you to toss her. See she can take
my case. I got you, I got you.
Speaker 4 (40:01):
So I ended up talking to Lauren and so Lauren, yeah,
you know, and my friend Jamie, he's a good guy.
They did him wrong, and I wondered if you look
at his case, and she like, sure, send it to me.
So I sent her at the paperwork and she reviewed
it and she said, oh my gosh, she's this case.
Speaker 3 (40:18):
They did him wrong.
Speaker 4 (40:19):
Yeah, and so she started looking into it. She talked
to her boss like yes, and she got into it too.
So anyway back to Jimmy. Jimmy called me, asked me, you.
Speaker 3 (40:29):
Talked to Lauren.
Speaker 4 (40:30):
I said, yeah, I talked to Lauren man. She says
she got to She's like, wait a minute. I talked
to Lauren and she said you didn't talk to her.
Speaker 3 (40:35):
I said, what do you mean. So there's two Laurence. Yes,
I didn't know.
Speaker 1 (40:39):
Yes, there is a Lauren at the Illinois Innocence Project,
Lauren Keseberg. And then there's the Lauren that we are
speaking of, who is Lauren Myers cough Mueller. And she's
with the Exoneration Project at the University of Chicago Law
School and she joined on Emmy's team filing a clemency petition,
(41:04):
and from.
Speaker 3 (41:04):
There he basically ended again in the Dream Team.
Speaker 1 (41:07):
Lauren gets involved in twenty twenty and in May of
twenty twenty three, Governor Pritzker commutes your sentence Jimmy to
parole eligible. And then December fourteenth, twenty twenty three, the
Cook County States Attorney's Office agreed that the charges against you, Jemmy,
and your cousin David should be vacated and the charges
(41:31):
were dismissed. Robert, what was your feeling leading up to
that date?
Speaker 4 (41:37):
So the day before I find out that he was
coming home, I was just like ecstatic, this is finding's
going to happen. After forty two years, finally Jimmy going
to have his day. He helped so many other people
come home, and now he's coming home. And I was
in tears. I di'nna lie. I was just so happy
for him, just running up and down that my apartment, like, yes,
(42:00):
this is happening.
Speaker 1 (42:01):
So by the time Jimmy, you and David got out,
you had spent forty two years.
Speaker 2 (42:10):
Well, no, I spent forty two years, two months, and
two days.
Speaker 1 (42:15):
That's the longest wrong incarceration in Illinois history. If I'm
not mistaken, Oh, you're.
Speaker 2 (42:21):
Right, that is. The National Registry Paston Michigan officially said
we were the longest serving ax hoonneries in the Illinois
State history. It's not a badge of honor. It's a
title I would gladly relinquish. I would not wish that
on anybody. But unfortunately, that's what it is.
Speaker 4 (42:40):
And this is a club were in, you know. Unfortunately,
this is a club that nobody want to be in,
but we are.
Speaker 3 (42:46):
You know.
Speaker 1 (42:47):
Now, I've seen the video of when you got out, Jimmy,
but tell me the moment you remember catching one another's
eye when you walked out.
Speaker 2 (42:56):
Okay, I get out from the gatehouse, which is the
first entry point when you're going into Stateville Prison. So
now I'm exiting it. I changed my clothes and I
jump in a vehicle and one of the officers say,
see that those lights down there at the end of
this little road. I said yeah, he said, that's all
for you. He said, the press is down there to
talk to you. So we drive down there and I
(43:18):
get out the car and I see Robert. I see
Robert dressed and a camouflage outfit, jacket and pants, and
I see him with his glasses and he got a
grin from here to ear. And so yeah, I mean
the first ones I hug, naturally is one of my
other sisters. And then after that. I think Robert was
the second one that came. He hugged me and they're like, man,
(43:39):
you know, we just hugged. It was an emotional moment.
Speaker 4 (43:43):
Yeah, we did it, you know, and food circle and
I was so happy for him.
Speaker 3 (43:48):
Just squeeze him so tight. And now we're home. You know.
Speaker 2 (43:52):
It was very surreal to be on the other side
of the wall with somebody that you had forged a
bond of relationship with and to see that our past
life's journey had crossed and now it was once again
coming to cross, but in a good way where you know,
I was now a free person.
Speaker 3 (44:10):
Free men.
Speaker 1 (44:12):
I mean, you guys share such a strong bond, and
you have so much in common and have well over
a combined sixty years spent in prison for crimes you
did not commit. What does it mean to have one
another in your lives in these big transitions.
Speaker 2 (44:34):
Well, to me, I could tell you it means a lot.
Because of course, he was released years before me. He
was released in twenty seventeen, and here I am, I'm
released in twenty twenty three, so there's a you know,
that gap. But to know that he was able to
transition into quote unquote the real world before me. He
(44:56):
already learned how to navigate it, and so he was
very helpful in telling me the things I need to do,
for example, going to get my state of Illinois I
d getting me used to going to drive a car again.
Speaker 3 (45:08):
A little bit with the phone too, But.
Speaker 2 (45:10):
Yeah, he helped me and Daddy and I thank him.
I thank God to have him there to be able
to tell me, you know, some of these things and
how to navigate them myself.
Speaker 4 (45:20):
The thing is, though, I feel like, you know, he
was able to help me with then when I was incarcerated.
Now am I able to pay it for and help
him out regard to how smart it is. It just
feels so good to help him in any way I can.
And he's my brother. I'll do anything for him. At
the end of the day. That's my brother. And thank
you for having me.
Speaker 2 (45:38):
Thank you for that's my little that's my little son.
Now that's my brother.
Speaker 1 (45:45):
While he was incarcerated, Jimmy Soto earned a bachelor's of
Science and sociology from the Northwestern Prison Education Program. He
graduated magna cum laudie and is now studying for his
LSAT to go to law school. I know he is
absolutely going to ace that test. He is also part
of Parole Illinois, an organization fighting to bring back parole
(46:06):
to a state that has effectively had no parole program
since nineteen seventy eight. To support James in his continuing
fight for justice and in his goal for earning a
law degree, you can donate to his gofund me, which
is linked at the end in the episode description. Thank
(46:32):
you for listening to Wrongful Conviction. I'm Lauren Bright Pacheco.
Please support your local innocence organizations and go to the
links in the episode description to see how you can help.
I'd like to thank our executive producers Jason Flamm, Jeff Kempler,
and Kevin Wardis, as well as our producers Annie Chelsea,
Kathleen Fink, and Jackie Pauley. This series is produced, edited,
(46:55):
and hosted by me Lauren Bright Pacheco. Our senior producer
is Kara Kornhaber. Story editing by Hannah bil research by
Shelby Sorels, mixing and sound design by Nick Massetti, with
additional production by Jeff Clyborne. Our theme music is by
Jay Ralph. Be sure to follow us across all social
media platforms at Lava for Good and at Wrongful Conviction.
(47:18):
You can also follow me on all platforms at Lauren
Bright Pacheco. Wrongful Conviction is a production of Lava for
Good podcasts in association with Signal Company Number one
Tens of thousands of people incarcerated in the US have
been wrongfully convicted and are being held in captivity for crimes,
even as they adamantly maintain their innocence. What's it like
to be one of those imprisoned people, and what's it
like to be their ally, the one outside committed to
fighting for their freedom. I'm Lauren Bride Pacheco, and this
(00:27):
is wrongful conviction. When he was just twenty years old,
an act of violence would change James Soto's life forever
and the trajectory for the next four decades. At about
(00:48):
nine pm on August sixteenth, nineteen eighty one, shots rang
out in Chicago's Little Village neighborhood, killing two people and
injuring a third. Although eyewitnesses initially pointed to other suspects's,
police ultimately arrested a few members of the two six
Street gang, which controlled the territory, including James Soto. Despite
(01:10):
no physical evidence tying him to the crime and plenty
of defense witnesses, James was convicted of the shooting and
sentenced to life without parole. Soto and his cousin David
Ayala would spend forty two years in prison. The longest
served wrongful conviction sentences in Illinois history until they were
(01:32):
exonerated in December of twenty twenty three. James Soto is
joining me today with a man who's been a tremendous
support to him and shares much in common with James
as well. In addition to also having been wrongfully convicted
and exonerated. Robert Almodovar is not only a close friend
(01:54):
to James, but the two men were actually cellmates while
in prison. Both now share the same passion and for
raising awareness for criminal justice reform. We have so much
to cover. Thank you both for joining me, Jimmy and Robert, Well.
Speaker 2 (02:10):
Thank you for hosting us and having us here.
Speaker 3 (02:12):
Absolutely, thank you.
Speaker 1 (02:13):
So Just Jimmy to go back to the very beginning.
You know you're now in your sixties, but take me
back to the young man you were before all this
happened in nineteen eighty one. Where did you grow up
and what was your upbringing?
Speaker 3 (02:27):
Like?
Speaker 2 (02:29):
All right, Well, I grew up in the Pullman area,
which is on the far south side of Chicago on
ninety eighth in Avalon. I've learned later in life that
the neighborhoods that we grew up in in our formative
years really make us who we are. So I will
always be a Southsider from Chicago and the people in
Chicago because we're so segregated, We're very proud from whatever
(02:52):
section of the city that we come from. So but yeah,
I grew up there. I had a fondness for sports.
Baseball was my number one thing. I was on the
Avalon Cubs, which at a young age made me a
Cup fan and I am a Cup fan for life,
and I was so glad when they won the World Series.
Unfortunately I was locked up when that happened, but I'll
(03:13):
take it. So the summer of my fourteenth birthday, we
moved to the Brighton Park area, which is on the
southwest side of Chicago, and I stayed there for most
of high school. Then in nineteen eighty one, my uncle
was murdered by gun violence in the Little Village area,
and that was my cousin and co defendant, David Yalla's father,
(03:36):
I'll Fonso, and they had her house in Westchester anyway,
in the western suburbs, and I wound up going to
live with David shortly thereafter. It was a very nice
suburban home, had a built in swimming pool. It had
a mini gym, a greenhouse, five bedrooms, two and a
half bats, basement, fully furnished. So you can imagine David
(04:00):
was eighteen and I was twenty. I wouldn't say young men.
We were more like late adolescents, teenagers more so. Living
in a nice house. And yeah, I mean Dave had
some money that his father left them. There was a
life insurance policy, so he didn't have to work at
the time. I was working at United Parcel Service as
(04:22):
a sorterer. But to say that we weren't enjoying ourselves
living pretty lavishly would be an understatement. So having all
that naturally made the Chicago Police Department CPD seeing us
driving you know, luxury fancy cars, Lincoln Cadillacs, those were
the cars of that time period. You know, Oh that's it.
Speaker 1 (04:45):
So they made the assumption that they knew how you
were bankrolling all that.
Speaker 2 (04:50):
Yeah, the assumption was that it was coming from, you know,
illicit drug sales, but that was not the truth. The
truth was were just some things that were left over
to David and I'm working. I actually was paying car notes,
so my car was being financed. So had they dug
a little deeper, they would have realized my car particularly
was not paid off.
Speaker 1 (05:11):
Coming from the neighborhoods that you did. Was gang activity
very much on your radar on a daily basis throughout
high school?
Speaker 2 (05:20):
No, absolutely not, it was not. It wasn't really until
nineteen seventy nine when David's brother, Alfonso the third gets
killed by gun violence. It was very hard for me
because it was my brother, David's oldest brother Tyrone. Then
it's me and then Alfonso and then David, and we're
(05:40):
all one year apart. So I would spend a lot
of summers at David's house when they were living in
Little Village. And so that's how I wound up getting
involved in any gang was because my cousin had been killed.
You know, I took it pretty hard, and as a
young he was seven, so I would have been eighteen.
(06:02):
As a young eighteen year old to have to deal
with that, you know, there was no one that gave
me any therapy for the trauma I was dealing with,
and the loss of I consider more like a brother
than a cousin, and so to know that he was
killed in that way, I misguidingly wanted to be part
(06:23):
of the same thing that he was involved in to
seek some type of revenge. But it wasn't like I
was out looking for revenge. It was just a way
in his honor that I thought, I need to be
a part of this, I need to do something. Yeah.
Speaker 1 (06:37):
And there's also a huge social component of that too,
of course, it's belonging in friendship and camaraderie.
Speaker 2 (06:45):
Yeah, But I would not define myself as a hardcore
gang member. I was what people would label as a
marginal gang member. I was on the fringes. I was
not someone because I'm working. I didn't have no time
to go hang out and do whatever.
Speaker 1 (07:02):
So had you ever been on law enforcement radar before
the incident in the time leading up to it, had
you ever had trouble with the law?
Speaker 4 (07:13):
No?
Speaker 2 (07:14):
Well, yeah, I was arrested one time for what's called
a uu W unlawful use of a weapon. Some detectives
that pulled me over and found a gun, unregistered gun
in my car and charged me. But when it came
down to the problem cause of why they stopped me,
it was simply because I was in Lincoln Continental and
(07:35):
I was just I guess you would say profiled, and
my lawyer was able to get the case thrown out
pretty easily because of the illegal stop, and the judge
threw it out. So that was on my only criminal record.
I had no other runs with law enforcement when there
would be various shootings. Once they knew I was part
(07:56):
of a game, I was taken in several times and
questioned about it. I just, you know, said I want
a lawyer, and they pretty much left me alone.
Speaker 1 (08:04):
And at the time, so you're employed for two years
at that point with you said, ups, what were your
thoughts or plans for the future?
Speaker 2 (08:12):
I mean, you know, I had a girlfriend at the time.
I just learned, maybe two weeks before I was arrested
on this case, that she was pregnant. So in my mind,
I'm like, okay, she's going to have a baby. When
I learned she was pregnant, my thought was, I'm going
to settle down. I'm going to have to get my
own place and start a little family.
Speaker 1 (08:33):
So take me to the night of the incident. So
it was August sixteenth, nineteen eighty one, around nine pm
on the southwest side of Chicago. Where were you at
the time.
Speaker 2 (08:49):
I was in Westchester. It was me my cousin, David,
his girlfriend, my girlfriend, and my oldest sister were two
of her kids were at the house, and my sister
had prepared a meal for us, and I remember that
I just got my two plates and I went up
to my bedroom with my girlfriend and we were watching
(09:10):
some movies on the VCR, so long ago. Those things
are now no longer in existence. And yeah, she left
later in the evening, at around ten o'clock. So they
had the story on the ten o'clock news about, you know,
two people being shot killed and one third one being
(09:31):
injured at an incident in Petrowski or a Keiler park.
Speaker 1 (09:35):
So, for somebody who's not familiar with the geography, how
far were you physically away from where the shooting occurred.
Speaker 2 (09:43):
I would say that was a distance of about thirty
miles at least.
Speaker 1 (09:47):
So you're thirty miles away, and unfortunately, yes, three people
were shot too, fatally wounded, a sixteen year old Julie
Limas who was aspiring to be a police officer, and
an eighteen year old Hector Valeriano, who was on leave
from the US Marine Corps at the time. So it's
(10:11):
a tragic incident. But you're thirty miles away from it
at the time.
Speaker 2 (10:17):
Yeah, my thought was, you know, that's a terrible thing
that happened in the neighborhood of the gang or organization
that we were part of. But I didn't give it
a second thought to think who might have had any
involvement in it. I figured, oh, they're going to get
somebody for this, But little that I know they would
eventually try to point the finger at me.
Speaker 1 (10:38):
So yeah, the investigation ends up focusing on gang rivalries,
and even though eyewitness accounts identified entirely different people, the
investigation then starts focusing on the two six gang that
you're affiliated with, but just on the fringe. When did
you find out that you were on the investigators radar?
Speaker 2 (11:02):
To my knowledge, my name doesn't really come up until
the month of October. I believe that's when they finally
start saying, well, okay, because they thought they was involved.
They said, okay, well this other guy has to be
involved as well. But it was never really founded on,
like you said, on any eyewitness identifying me. It was
(11:23):
just they now said, okay, if David's involved, this other
guy got to be involved as well.
Speaker 1 (11:28):
So they just bundled you with your cousin, and neither
of you were there, correct, So how were you arrested?
How did that go down? Where were you? Who were
you with?
Speaker 2 (11:39):
So I got arrested on October fifteenth, once again, I
was in Westchester with my girlfriend, and ironically my sister
was there as well, the oldest sister that would be
later be my alibi. She was there. She made another
homemade meal, I remember it. It was spaghetti with homemade
meatballs and Italian sausage and garlic bread. And I was
(12:01):
just beginning my plate to take it upstairs with me
and my girl to share, when we hear the knock
on the door, boom boom, and then there's a pounding
on the back door, boom boom. I'm like, what's going on?
So we look out the window and we see all
these lights and policemen running up to the thing. We
open the door and they come in and cut us up.
They just said they had a warrant. They didn't say
(12:23):
it was an unrest warrant. They didn't say whether it
was a search warrant. Yeah, So they went about the
house searching it, obviously not coming up with anything, and
they took us into custody and when I get to
the police station is when I first learned that. They
tell me you're under arrest for two murders and a
temp murder and this is a capital offence and you
(12:45):
better say something now if you want to save yourself.
Speaker 1 (12:48):
Well, Jimmy, what was going through your mind? You must
have thought, all right, stupid mistake, it's going to be corrected.
Speaker 2 (12:56):
That's exactly what's going through my mind. I'm like, this
can't be right, you know. Fortunately, there was an attorney
that was at the police station who would later become
my trial attorney, and he came and spoke with me
and said, they said they have witnesses, and he said,
I don't have any of the paperwork. He asked me,
point blank, did you have anything to do with it?
Of course I told him no, and he's like, well,
(13:17):
don't worry about it. If you didn't have nothing to
do with it, it'll work out. Just don't say anything. And
that was it. So in my mind, I'm thinking, Okay,
it's a mistake, and you know, they could be cleared
up fairly soon and I'll be out. But that wasn't
the case.
Speaker 1 (13:32):
From that moment on. You're held until your trial.
Speaker 2 (13:36):
Yeah, I was held with no bond in the Cook
County Jail. I was there for probably a year before
I went to trial. I went to September of nineteen
eighty two to trial. But leading up to it, I
would eventually find out some pieces of like that they
only had one witness who would be best termed an
accomplished witness. He was a young teenager as well, and
(13:59):
he made statement that David and I were supposedly conspiring
prior to the shooting with a group of other individuals
to attack a rival group. That David gets a phone
call and David then provides the key to a custom
blue van and gives us weapons, and we go out
(14:20):
to the park and me and another co defendant supposedly
walk down the gangway and shoot at the people. And
you know there was three victims as a result.
Speaker 1 (14:29):
But that seems like a very convenient theory, Well it.
Speaker 2 (14:34):
Was for them. Yeah, I didn't know that they had
rounded up again to the Coaster trial, that they rounded
up twenty five people with the rest warrants, and that
out of the twenty five, at least maybe ten or
maybe twelve of them made statements which collaborated in some
sense what this individual was saying. But you have to
bear in mind that there was probably only out of
(14:56):
the twenty five people, maybe five were over the age
of seventeen. Every somebody else was fifteen and sixteen year olds.
And I was really mad that, you know, these individuals
who were supposed to be part of a group that
I was involved in, would break down and make this
false narrative. And so my reaction was as a young man,
that these guys are punks, they're chumps, they're snitches. But
(15:18):
as I became more mature and I was doing my studies,
I realized that they were just as much victims and
or even more so than anyone else other than those
that lost their lives and the other that got shot.
Because they were held for three days. Imagine you a
fifteen year old held three days in custody. Some of
(15:39):
them urinated on themselves, being choked, getting nothing to eat,
denied water, I mean, the sleep deprivation. I had to
look at it, and putting myself in their shoes, I
probably would have broke down and said anything they wanted
me to say at that point. So, you know, the
police officers, law enforcement have techniques that they could make
(15:59):
a grown man who was innocent telling himself so let
alone at juveniles. So that started to make sense to
me as in the following years after my conviction, what
really was going on.
Speaker 1 (16:12):
I'm trying just to get my mindset wrapped around your
living your life, have a steady job, have a steady girlfriend,
have a baby on the way. You're twenty years old
and your life is just interrupted, taken away from you.
(16:32):
What was that year like for you being held in
the Cook County jail.
Speaker 2 (16:39):
I mean, it was probably one of the worst and
hardest years of my life because my girlfriend would eventually
lose the baby. She had a miscarriage. It was due
to squarely to stress. She wasn't eating right because she's
worried about me. I'm locked up. My car gets repossessed.
You know, expensive rims on my car. I had a
(16:59):
nice sound system. When they repossess it, it's not like
they're going to give it back. They take all that
with it. So I lost that. I was upset with that.
Speaker 1 (17:06):
But are you in contact at all with your cousin
David at this point? Is he being held at the
same facility.
Speaker 2 (17:13):
Yeah, I'm with him for the most part. For I
would say at least half of that time, or maybe
seven months we were held together. There was periods where
we would be split up. You know, that's how the
jail is. Oftentimes you're moving to another section of the
jail and they don't really give you any reasons why.
It's just it's disruptive. The jail is not nice. It's
(17:34):
super violent, and you're going to get in fights. It's
just part of what's going on there. And we're packed
in there. There was overcrowding problem. It was people sleeping
on the floor in the dayroom. So you got this
group of people and you don't have so much phone times.
It was always fights over the phone if nothing else.
So yeah, that in TV, what show you're gonna watch,
(17:55):
what channel you're gonna watch on TV? I would always
wind up be in a fight.
Speaker 1 (17:59):
So in terms of you and David, your mindset heading
into that trial, how would you categorize the trial in general?
And were you at all confident?
Speaker 2 (18:10):
I didn't know much about the law, the legal system,
its process, and so my attorney puts on an alibi defense.
And I told you, the only evidence that really comes
up that indicates either David or I is this so
called accomplice witness, and he had implicated two people in
this conspiracy as being part of this meeting that led
(18:32):
up to the shooting. One was in the hospital in
a coma told state after being hit by a car.
So he's in Mother Cabringing Hospital on the West Side
in a coma. Mind you, this guy testifies before the
grand jury that he's evolved with the case. The second
individual was in juvenile custody and he had to plicase
(18:55):
him as well. So this individual locked up ten days
before this crime, maybe even longer. And I'm thinking, Okay,
we're showing that he clearly lied before the grand jury.
And there's another fact. The accomplished witness says that David
owned a blue Custom van. No Blue Custom band was
ever recovered. They never showed David owned one. Now one
(19:16):
person says he owns this band, that he ever had
a van, there's no weapons ever recovered. And then they
said there's a phone call that happens from home running
pizza to David's house in Westchester slightly probably a half
hour before the shooting happens, supposedly from two young women
who say that they alert David that there's a rival
(19:38):
group in there. Well day subpoena the Illinois Bell telephone records,
which showed no phone call was made from Home Run
in that entire night to David's house. So again, these
things I'm hearing during trial, and I'm thinking, oh, well,
there's no way they're going to find me guilty if
they're hearing that. And so I'm thinking in my mind,
(19:59):
as my lawyer told me, you're going to beat this case.
You're going home whenever the jury comes back. There's no
way they're going to find you guilty. So I'm thinking, yeah,
I'm going home.
Speaker 1 (20:09):
Because you have multiple witnesses who attest your alibi and
innocence being told by your defense that you should be confident.
Take me to the moment that the jury announces their verdict.
Speaker 2 (20:25):
It was maybe close to nine and a half hours
on a period of two days, the first evening into
the next day that the jury is deliberating, and they
send a note down and tell the judge that they're
struggling to come up with a verdict and they think
that they might be a hung jury because they cannot
come to a unanimous decision on this case. And so
(20:46):
my lawyer says, well, that's a good thing. That means
they're struggling. Well, the judge just tells the jury go back.
He wouldn't accept them, saying that they were hung. About
a half hour later, they come in guilty of all charges.
So when I hear that verdict, when you know you
got to stand up to hear it, the reaction was
you could hear of some gasp. The state's attorneys were jubilant.
(21:07):
They were high five in each other, and I'm looking
at them. Then I turn around to look at my
family and just see them all breaking down in tears.
To see my father, who was the rock, the foundation
of our family, broken down crying. My sister's crying, my
girlfriend crying, It made me furious. I looked at my attorney.
I said, I thought you said we're going to beat this.
(21:27):
What happened? I looked at the judge, I looked at
the jury, looked them in the eye, and I'm like,
how could this happen? How could you come up with
a guilty verdict based on such flimsy evidence. So when
I do talk to my lawyer once again in the bullpen,
he comes to see me. He's seeing the how upset
I was, and he was like, no, you got to
(21:47):
hang in there. You gotta be strong. I said, it's
easy for you to say, and I said, so, what
are we looking at? And he's telling me that, well, unfortunately,
the laws in Illinois are that if you're found guilt
you have two or more murders, you got to mandatorily
get natural life. And I'm like, so what does that mean.
He's like, it means what it means. And I'm like really,
(22:09):
and he said, no, don't worry, We're going to go
on appeal. We're going to do the appeal. There's a
lot of things they're done wrong.
Speaker 1 (22:24):
So months turned to years turned to decades. What was
the biggest hurdle for you transitioning to life in prison.
Speaker 2 (22:36):
The most difficult thing is being away from family, hearing
the family milestones, graduations, baptisms, communions, weddings. I wasn't there
to see people have their you know, the birth of
a child that's such a celebration, and so many families
when a new life comes in there and I'm not there,
it was difficult for me to deal with. And then
of course trying to maintain a relationship that certainly very hard.
(23:01):
They got to come visit, you got to make phone calls,
et cetera, and so forth.
Speaker 1 (23:05):
Well, there are so many layers to that onion, and
also in terms of you know, you're missing those events
with your family, but your family is missing them with you.
Speaker 2 (23:17):
Yeah. Yeah, And I would always want to put on
the strong front. I'm okay, don't worry about me, you know.
And as I started studying the law, I was able
to articulate to them some of the things that were wrong. Hey,
we listen, my attorney didn't do this, or the prosecution
did this. And so when I was able to do that,
I guess they would see the hope emanating from me,
(23:37):
and so it would make them feel a little bit
more at ease. But there was times it wasn't easy.
Prisons in the eighties and early nineties was in Illinois
were particularly violent. State Bill was very violent. I mean
murders occurring there. There was a lot of things that,
you know, a lot of stabbings, a lot of assaults.
Speaker 1 (23:53):
That's a question that I have for you because even
though your affiliation with a gang in ended up getting
you on the radar of the police in a way,
did that affiliation protect you at all? Once you were
in the inside.
Speaker 2 (24:09):
Yeah you had to be. I was definitely affiliated with
the games in there. But the downside of that is
that when other individuals would do, you know, do things like,
for example, somebody would gamble and then not be able
to pay. Now this individual is going to get into
a fighter. I have problems with another group, another person
from another group, which then involves everybody, and now here
(24:31):
it is we're fighting in there over somebody who should
have never been gambling because he didn't have the money
to pay in the first place. At some point in
the mid nineties, I said, this isn't getting me anywhere.
You know, I was smart enough to know that this
behavior is viewed as a negative, and I didn't want
to be in that light. And so I'm no longer.
I don't want to be a part of it, no
long no more. I'm sure people looked at me like
(24:54):
he's flaking out, he's he can't handle it, But I
didn't care. I think that was one of the best
choices in my life. Life That happened around ninety six.
And yeah, I mean, well.
Speaker 1 (25:04):
You know what, it's maturity too, But you were doing
what you needed to do to survive through your younger twenties.
How long did you and your girlfriends stay together?
Speaker 2 (25:15):
We were probably together for the first ten years of
my incarceration, and in retrospect, I look at it. We're
arguing about really simple things like how come you to
pick up my phone call? Where were you at? You know,
Accusations that she might be cheating on me and those
type of things eventually deteriorated us and she wound up
having a relationship with someone else. But she would period
I'm in and out of my life over my incarceration,
(25:37):
and in the end for the last like you know,
seven years, I would say she was there for me.
But yeah, it makes it easier to have a love
interest in prison, knowing that somebody cares about you. I
never really doubted the fact that she didn't have feelings
for me or love me.
Speaker 1 (25:55):
It's hard to maintain a relationship exactly.
Speaker 2 (25:58):
The physical absence is is hard.
Speaker 1 (26:01):
As you mentioned, you began spending a chunk of your
time in the law library.
Speaker 2 (26:07):
Well. As I became more and more proficient in the
tenants and the operation of the law procedures, etc. I
began to have success winning particularly at first, just sensed
reductions for a lot of individuals, and eventually I won
some new trials. I began to get more new trials,
more sentence reductions, and so I was also doing civil complaints.
(26:29):
Guys would eventually went on that.
Speaker 1 (26:31):
So you became what they call a jail house lawyer.
Speaker 2 (26:36):
Yeah, I never did particularly like that term. I like
to call myself a prisoner advocate, but yeah, that's definitely
what that was termed.
Speaker 1 (26:44):
But I think that's so admirable. Jimmy, what was the
turning point for you? Because I can't imagine the anger
and the frustration your life's been taken away from you
in decades. At this point, where did you turn that
into I'm going to figure out enough to help not
only myself, but to help other people.
Speaker 2 (27:06):
My thought process was this that if I could be
proficient or do adequate work for other individuals, it would
just make me a better litigator and I could hone
my skills that way work it through others. Again, looking back,
my early attempts was by trial and error, and I'm
a bit of a perfectionist, I will admit that, and
so I said I could do this, but I always
(27:28):
kept education at the forefront. I was always involved in
some type of classes or some type of program, and
a lot of it sometimes with self taught. I would
just bother to use the materials there with the law library.
Speaker 1 (27:40):
So now we're getting to the point where you crossed
paths with our other wonderful esteemed guest, Robert. We've talked
about this. I'm not going to dive too heavily into
the specifics, but in a nutshell, you and a co
defendant were convicted in nineteen ninety five of a double
homicide the year before, and at the time you were
(28:03):
a young father, working long hours and attending night school,
and when you were arrested you had no previous convictions.
You were twenty when you were convicted, which is something
that you two gentlemen share in common. And the case
against you rested on eyewitness reports obtained by a rather
(28:24):
notorious now retired Chicago police detective named Rinaldo Guervera. He's
since come under fire over allegations he coerced witnesses and
framed innocent people in dozens of other investigations. But you
two are in prison, you're both wrongfully convicted. Take me
(28:46):
to the first moment your paths crossed, and Robert, why
don't you tell me about meeting mister Soto for the
first time.
Speaker 3 (28:54):
Jimmy Soto. I heard of him.
Speaker 4 (28:56):
You know, his name is under like a legend prison
basically everybody know who he was. Everybody knows all the
work he did and how he helped a lot of people.
So I knew of him before I ever met him.
So he was in state Ville, he didn't getting tramped
to Minar. When he got to Thenar, you know, believe
or not, everybody was like static because this guy who
(29:17):
helped a lot of people is now in Minar. So
everybody wanted to reach out to him, contact him some
type of way to get his assistance something, because he
a type of person. You know, his reputation receives him
as far as he's an up, upstanding guy.
Speaker 1 (29:33):
So you arrived at Minard with a fan club in place.
Speaker 3 (29:37):
Yes he did.
Speaker 4 (29:37):
He's really shy about that, I guess, but this is
who he is, This is reputation.
Speaker 1 (29:42):
Then do you remember the first time you met him.
Speaker 4 (29:45):
Yes, I was in the same set house as he
was South Flowers in Menar. He was on two, I
was on four, and I think his seat he was
in the going home or something like that.
Speaker 2 (29:56):
Yeah, he got paro.
Speaker 4 (29:57):
Yeah, he got parole, and he was looking for a
lly and one of the gadded workers asked me, would
you like to be Jimmy Soler SELLI.
Speaker 3 (30:05):
I was like, hell yeah, why wouldn't that be?
Speaker 4 (30:08):
So they end up moving me to his cell at
the time he was in the yard. So I'm gonna
sell by myself. I got my property in there. I
got situated, and when he came in to cell, I
went to induce myself.
Speaker 3 (30:22):
My name is you know Berta Amovar? He like, I
know who you are? Ready? Like how you know me already?
How the hell you know who I am? Said? I
know your uncle.
Speaker 4 (30:30):
I was alloted to uncle in state Ville and he
teld me everything about your case, everything by you, And
I was like, whoa.
Speaker 3 (30:37):
I was surprised.
Speaker 1 (30:38):
I loved the nicknamed Sally for sale mat. It's very
much an Illinois thing too. I've never met anybody who
spent time in Illinois. He didn't use Sally. But how
does that impact on a day to day if you've
got a good sale mate or a bad cellmate, Because
just describe the space that you two were, Oh.
Speaker 3 (31:00):
My god, to sell, Like what how big was?
Speaker 1 (31:03):
It was?
Speaker 4 (31:03):
A small self six by nine, six by nine, bumpit
and sinking to in the back of the room, real
small compact cell. And as far as Sally's, it make
a big difference. You got a good seudy or a
bad seting? It can you know, it can make your
time hard or easy. And so we do get a
good seting. You want to keep them far long as
(31:24):
you can.
Speaker 1 (31:25):
So you guys were seal mates for four years?
Speaker 3 (31:29):
About four three years?
Speaker 1 (31:31):
Yeah, more like all right, so what made you guys
good sale mates?
Speaker 3 (31:35):
We just jailed real quickly. I mean, so you walk
in the cell.
Speaker 4 (31:39):
You you could tell you right away by the first
couple of seconds is you two will get along with
that right there and then.
Speaker 3 (31:47):
And we just we never had no arguments, We never
had no disagreement. We just jail.
Speaker 4 (31:52):
We cooked together, we ate together. We had common ground
as far as our cases go. Look at them like
a big brother like our father. For I mean, he
showed me and taught me a little about the law,
and just in case we did separated, he basically taught
me what I wrote that note, so what I need
to do just to case get separated. And that's way
I know what to do with my with my legal stuff.
(32:15):
He became family, you know, because being at cell like
twenty three to one most of the time, you know,
the cell is so small. You get you know, there's
nothing to do buty top and you know each other backgrounds,
family stuff, So.
Speaker 3 (32:31):
It got real personal. He probably know me better than
my own family. To be honest with.
Speaker 1 (32:34):
You, I can imagine that any bad character trait the
other person has is like magnified, you know, put on
volume ten. Absolutely no, So neither one of you had
annoying habits that bothered the other one.
Speaker 2 (32:48):
Come on, I mean came in. He didn't have a
lot of hair on his face, but he would take
a long time to shave. In fact, he probably won't
admit this, but one of the things I did do
was Robert got locked up fairly young too, and I
would later learn that his father wasn't in his life
when he came into puberty when his hair is coming in.
So Robert was shaving against the grain, and I would
(33:09):
tell him, you got to go with the grain in
order not to have irritation, because sometimes he would have it.
Roberts has very sensitive skin, and so I would tell
him you got to go with it, so, you know,
to show him how to shave.
Speaker 1 (33:20):
I love that you taught him how to shave correctly,
no more.
Speaker 2 (33:24):
Or the right way to She knew how to shave
righting it and Robert.
Speaker 1 (33:30):
Jimmy didn't do anything that that ever got on your nerves.
Speaker 2 (33:34):
I mean it was now and then he would play
some music a bit loud when I was doing legal work,
but I would just with my own headphones on the
list to my own music, you know. I mean, there
was ways in which we could avoid being in each
other's space. We did eventually get separated and I would
eventually wind up going to another unit, North one and
he remained in the South house.
Speaker 4 (33:54):
But due at the time though he was able to
still stay able to communicate with Yeah. Yes, and the
way he did that we were kites and Carrie started
just like letters basically keep him up today, what's going
on with my family? Was going on my case and
vice versa or sometimes and we meet up at church
and we talk about certain things and stuff like that
at church.
Speaker 1 (34:14):
So you guys, it very much sounds like Jimmy, you
took Robert under your way.
Speaker 2 (34:20):
Yes he did well, yeah, I mean, but it was reciprocal.
It wasn't all that stad He would look out for me,
make sure I was straight. You need anything, If you
need something, let me know, you know. So there was
times that one unit might go on lockdown. The other
wooden man, you know, send me some summer sausages and
send me this. He would gladly send it. Tuna. I
love tuna, so he would send me tune.
Speaker 3 (34:39):
It's a big was the same way.
Speaker 2 (34:40):
If he needed something, I would look out for him.
Speaker 3 (34:42):
But not just that.
Speaker 4 (34:43):
Jimmy fortunately be a cross incrosserted for Solan that he
knows a lot of people, he got all connections to
as far as politics and stuff like that.
Speaker 3 (34:50):
He can't taught me the politics game.
Speaker 4 (34:52):
In prison, you know, have to govern around things also,
and like I we usual to get what onions, tomatoes?
Speaker 3 (35:00):
You know, he'sed to.
Speaker 4 (35:00):
Buy them off the gay green peppers. You know, ice
cream ice cream, so you get ice cream, you know.
Speaker 1 (35:07):
So there were ways you could maneuver better, better food choices.
Speaker 2 (35:13):
Yeah, I've been locked up longer. So going to Minard,
I knew a lot of individuals that were down there already.
I had don't legal work for some of them. They
were so glad to see me. They wanted to send
me stuff. I would never tell somebody, give me, you know,
expert doing work, why you know you get it? You
know this for that, but they would gladly say the
same thing. Robert would say, are you okay? So there
(35:33):
was a lot of people would often ask to be
you need something. I'm over in the kitchen. I need
someone over here when I get some ice cream mode.
Speaker 1 (35:39):
So that kind of support must be so important just
in terms of your emotional and mental state.
Speaker 3 (35:47):
Mental state.
Speaker 1 (35:48):
Yeah, but how did you guys? Do you remember any time,
particularly for the one another, where you guys hit a
tough patch where you showed up for the other person.
Speaker 2 (36:01):
For him, I understood, you know, he was away from
his daughter, so she was going up, or she would
the family would set a visit and were able to come,
and vice versa. My family would set a visit, they
wouldn't come, so we would pick each other up. You
are right, or you know, we'd make a special meal,
or he did most of the cooking, to be honest,
because I'm not a very good chef. But yeah, he
made a good piece of puff. I'll tell you that
(36:22):
I caught a hot pockets. Yeah, well it's a piece
of puff. But anyway, No, the thing is that, you know,
if you're really in there with somebody like this in
a small space, you could pick up on the energies
and sometimes just not talking to somebody isn't enough. Just
give them their space because they're in their thoughts. And
I would do that or he would do that for me,
(36:42):
and we would know not to bother the other person.
So that type of sense makes it that much more.
Speaker 4 (36:49):
Companions also just also for like the birthdays, Christmas and
stuff like that because we are so far. The minar
is like six to eight hours for the city, so
to get visits and something that is of your heart.
My fa I didn't see my fan for a while.
You know, they come for first to once every three months,
once every six months, once a year they went so
once every three years.
Speaker 3 (37:09):
Then it's just you know, away again.
Speaker 1 (37:13):
It's that passing of time. And so so you know, Robert,
you were in there for over two decades and then
in twenty seventeen life changed for you big time. You're
(37:41):
listening to Wrongful Conviction with Lauren Bright Pachecko. You can
listen to this and all the lava for Good podcasts
one week early and ad free by subscribing to Lava
for Good Plus on Apple Podcasts. So when you found
out you were getting out, how did you tell Jimmy?
(38:03):
Do you remember?
Speaker 3 (38:06):
Well?
Speaker 4 (38:07):
I was a menar for I think about twenty one years,
twenty one and a half years, and during my twenty
first year, they asked me, I want to go to Gailsburg.
Speaker 3 (38:16):
I'm like, sure, no problem, why not?
Speaker 4 (38:20):
But the thing is, I tell him about the news
that you know, there's some stuff going on in my case,
but I really know what's going to happen. I was
in Gailsburg for about two to three weeks and that's
when I get the phone call from my lawyer talking about, man,
I got some good news for you. You basically coming home
tomorrow Friday. I'm like, it was just so so real.
(38:41):
I just couldn't. I was just shocked, you know, because
you think about this day, you dream about that day,
you just already fantasy about it. But when it do come,
You're just like, is it really happening? Is it a dream?
I was ac static coming home, of course, being reunited
with my daughter and my family.
Speaker 1 (38:56):
You know. So Robert take me to after you get out,
how does your friendship change, how do you continue staying
in touch? And do you have almost survivors guilt? Do
you feel that pressure to get Jimmy out?
Speaker 4 (39:13):
The thing is Jimmy and I just Jimmy, but other
friends I made with in prison, they become family.
Speaker 3 (39:20):
You know.
Speaker 4 (39:21):
I didn't feel with Morris, but I feel like I
need to do something to tup the guys out any
way I can. So basically through you know, I'm going
to courts supporting the other guys, showing my support my
lawyer Jennifer Byji, who also know other lawyers. Eventually, you know,
I know these other lawyers basically networking and like I
(39:43):
tried to help other guys when I can so far
as like with Jimmy, Jimmy asked me, do I know
a lawyer named Lauren. So at the time, like, yeah,
I know Laurence.
Speaker 3 (39:53):
She's my girl. She's cool with me. We tight. He's like, man,
I need you to toss her. See she can take
my case. I got you, I got you.
Speaker 4 (40:01):
So I ended up talking to Lauren and so Lauren, yeah,
you know, and my friend Jamie, he's a good guy.
They did him wrong, and I wondered if you look
at his case, and she like, sure, send it to me.
So I sent her at the paperwork and she reviewed
it and she said, oh my gosh, she's this case.
Speaker 3 (40:18):
They did him wrong.
Speaker 4 (40:19):
Yeah, and so she started looking into it. She talked
to her boss like yes, and she got into it too.
So anyway back to Jimmy. Jimmy called me, asked me, you.
Speaker 3 (40:29):
Talked to Lauren.
Speaker 4 (40:30):
I said, yeah, I talked to Lauren man. She says
she got to She's like, wait a minute. I talked
to Lauren and she said you didn't talk to her.
Speaker 3 (40:35):
I said, what do you mean. So there's two Laurence. Yes,
I didn't know.
Speaker 1 (40:39):
Yes, there is a Lauren at the Illinois Innocence Project,
Lauren Keseberg. And then there's the Lauren that we are
speaking of, who is Lauren Myers cough Mueller. And she's
with the Exoneration Project at the University of Chicago Law
School and she joined on Emmy's team filing a clemency petition,
(41:04):
and from.
Speaker 3 (41:04):
There he basically ended again in the Dream Team.
Speaker 1 (41:07):
Lauren gets involved in twenty twenty and in May of
twenty twenty three, Governor Pritzker commutes your sentence Jimmy to
parole eligible. And then December fourteenth, twenty twenty three, the
Cook County States Attorney's Office agreed that the charges against you, Jemmy,
and your cousin David should be vacated and the charges
(41:31):
were dismissed. Robert, what was your feeling leading up to
that date?
Speaker 4 (41:37):
So the day before I find out that he was
coming home, I was just like ecstatic, this is finding's
going to happen. After forty two years, finally Jimmy going
to have his day. He helped so many other people
come home, and now he's coming home. And I was
in tears. I di'nna lie. I was just so happy
for him, just running up and down that my apartment, like, yes,
(42:00):
this is happening.
Speaker 1 (42:01):
So by the time Jimmy, you and David got out,
you had spent forty two years.
Speaker 2 (42:10):
Well, no, I spent forty two years, two months, and
two days.
Speaker 1 (42:15):
That's the longest wrong incarceration in Illinois history. If I'm
not mistaken, Oh, you're.
Speaker 2 (42:21):
Right, that is. The National Registry Paston Michigan officially said
we were the longest serving ax hoonneries in the Illinois
State history. It's not a badge of honor. It's a
title I would gladly relinquish. I would not wish that
on anybody. But unfortunately, that's what it is.
Speaker 4 (42:40):
And this is a club were in, you know. Unfortunately,
this is a club that nobody want to be in,
but we are.
Speaker 3 (42:46):
You know.
Speaker 1 (42:47):
Now, I've seen the video of when you got out, Jimmy,
but tell me the moment you remember catching one another's
eye when you walked out.
Speaker 2 (42:56):
Okay, I get out from the gatehouse, which is the
first entry point when you're going into Stateville Prison. So
now I'm exiting it. I changed my clothes and I
jump in a vehicle and one of the officers say,
see that those lights down there at the end of
this little road. I said yeah, he said, that's all
for you. He said, the press is down there to
talk to you. So we drive down there and I
(43:18):
get out the car and I see Robert. I see
Robert dressed and a camouflage outfit, jacket and pants, and
I see him with his glasses and he got a
grin from here to ear. And so yeah, I mean
the first ones I hug, naturally is one of my
other sisters. And then after that. I think Robert was
the second one that came. He hugged me and they're like, man,
(43:39):
you know, we just hugged. It was an emotional moment.
Speaker 4 (43:43):
Yeah, we did it, you know, and food circle and
I was so happy for him.
Speaker 3 (43:48):
Just squeeze him so tight. And now we're home. You know.
Speaker 2 (43:52):
It was very surreal to be on the other side
of the wall with somebody that you had forged a
bond of relationship with and to see that our past
life's journey had crossed and now it was once again
coming to cross, but in a good way where you know,
I was now a free person.
Speaker 3 (44:10):
Free men.
Speaker 1 (44:12):
I mean, you guys share such a strong bond, and
you have so much in common and have well over
a combined sixty years spent in prison for crimes you
did not commit. What does it mean to have one
another in your lives in these big transitions.
Speaker 2 (44:34):
Well, to me, I could tell you it means a lot.
Because of course, he was released years before me. He
was released in twenty seventeen, and here I am, I'm
released in twenty twenty three, so there's a you know,
that gap. But to know that he was able to
transition into quote unquote the real world before me. He
(44:56):
already learned how to navigate it, and so he was
very helpful in telling me the things I need to do,
for example, going to get my state of Illinois I
d getting me used to going to drive a car again.
Speaker 3 (45:08):
A little bit with the phone too, But.
Speaker 2 (45:10):
Yeah, he helped me and Daddy and I thank him.
I thank God to have him there to be able
to tell me, you know, some of these things and
how to navigate them myself.
Speaker 4 (45:20):
The thing is, though, I feel like, you know, he
was able to help me with then when I was incarcerated.
Now am I able to pay it for and help
him out regard to how smart it is. It just
feels so good to help him in any way I can.
And he's my brother. I'll do anything for him. At
the end of the day. That's my brother. And thank
you for having me.
Speaker 2 (45:38):
Thank you for that's my little that's my little son.
Now that's my brother.
Speaker 1 (45:45):
While he was incarcerated, Jimmy Soto earned a bachelor's of
Science and sociology from the Northwestern Prison Education Program. He
graduated magna cum laudie and is now studying for his
LSAT to go to law school. I know he is
absolutely going to ace that test. He is also part
of Parole Illinois, an organization fighting to bring back parole
(46:06):
to a state that has effectively had no parole program
since nineteen seventy eight. To support James in his continuing
fight for justice and in his goal for earning a
law degree, you can donate to his gofund me, which
is linked at the end in the episode description. Thank
(46:32):
you for listening to Wrongful Conviction. I'm Lauren Bright Pacheco.
Please support your local innocence organizations and go to the
links in the episode description to see how you can help.
I'd like to thank our executive producers Jason Flamm, Jeff Kempler,
and Kevin Wardis, as well as our producers Annie Chelsea,
Kathleen Fink, and Jackie Pauley. This series is produced, edited,
(46:55):
and hosted by me Lauren Bright Pacheco. Our senior producer
is Kara Kornhaber. Story editing by Hannah bil research by
Shelby Sorels, mixing and sound design by Nick Massetti, with
additional production by Jeff Clyborne. Our theme music is by
Jay Ralph. Be sure to follow us across all social
media platforms at Lava for Good and at Wrongful Conviction.
(47:18):
You can also follow me on all platforms at Lauren
Bright Pacheco. Wrongful Conviction is a production of Lava for
Good podcasts in association with Signal Company Number one
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