April 30, 2024 • 46 mins
Episode 8 of 10
Derrick and Shabaka are out of prison, but one “law partner” - the one who served as intern - is still behind bars. Derrick wins him a hearing in court. All seems aligned when reality warps. In an exclusive interview, we reveal why: the judge suffers from dementia and the system has been covering it up. The judge issues a devastating decision.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Hi, Steve Fishman here, creator of The Burden as well
as the number one true crime podcast, My Friend The
Serial Killer. For those of you who liked The Burden,
I have good news. Season two starts August seventh. It's
a series called The Burden Empire on Blood and it's
the director's cut of the true crime classic Empire on Blood,
(00:22):
which reached number one on the charts when it debuted
half a dozen years ago. Then the fat cat funders
abandon it. I wrangled it back and now I'm thrilled
to share this story of a man who fought the
law for two decades, fought against the Bronx's top homicide
prosecutor and a detective sometimes known as the Louis Scarcela
(00:44):
of the Bronx. It's all coming to you August seventh,
wherever you get your podcasts.
Speaker 2 (00:52):
Previously on The Burden.
Speaker 3 (00:56):
So the judge said it right there, somebody's planning on
corner Scarsella.
Speaker 4 (01:00):
And he made that decision that I did, which is preposterous.
Speaker 2 (01:05):
Holy shit.
Speaker 1 (01:07):
We won.
Speaker 5 (01:08):
I'm sure in Derek fifty five report in the bottom
of this that has Detective Scarseller Lewis Scarseller.
Speaker 6 (01:15):
I can't run off in the sunset. I get the
souls left behind, right, I know nothing? Who was innocent?
Speaker 5 (01:21):
You can't tell me, isn't you gotta be serious there,
there's no games here. This is freedom here.
Speaker 6 (01:26):
I look forward, whooping yell ass in court.
Speaker 1 (01:37):
The floodgates had opened. Many of those convicted, with the
help of Detective Scarcella, were back in court. They wanted
their convictions overturned. In each hearing, Scarcella testified, and in
each hearing Derek Hamilton sat quietly in the back of
the courtroom until one day in twenty sixteen.
Speaker 6 (02:00):
I was very upset when I came to the courtroom
that day and he was sitting in there like he
was a star. He was proud of who he was
as a detective.
Speaker 7 (02:10):
He way, hey, Bob and Joe and now like all
his friends were here and this was a joke. I
went up to a massine, why the fuck did he
framed me for this murder? And he said, this is
not the place, not now.
Speaker 6 (02:27):
What is the fucking done? If I ever could have
killed the man? That was the day.
Speaker 1 (02:32):
Scarcella's attorneys hustled Louis out of harm's way, But a
blow of a different sort did land on Scarsella. This
one came from the judge in the case.
Speaker 2 (02:46):
That judge's decision contained a scathing attack on Scarcella, his
police work, his attitude, his morals. Judge Sean Dia Simpson
trashed him personally. He showed no ris expect for the rules.
She wrote.
Speaker 8 (03:02):
Scarcela has been regarded as a legend in the NYPD
for his number of homicide arrests, and there is a saying,
when it's too good to be true, it usually is.
Speaker 2 (03:16):
Then came the hearing to free one of Derek's closest
friends and one of those supposed victims of Scarcella, an
AI team law partner named Nelson Cruz.
Speaker 5 (03:29):
Derrick. He always told me before he went home, He's
telling me, listen, don't worry about it. I'm gonna comfort you.
Trust me. He kept telling me that I'm gonna comf
for you. When I make it home, I'm gonna come
for you.
Speaker 9 (03:38):
He kept his.
Speaker 5 (03:39):
Words, and he's here if I need anything, he's there.
And she got me while I'm at today. I'm in
court today with my case. Hopefully I'm hoping to go
home in a week.
Speaker 1 (03:51):
Nelson may have good reason to be optimistic. Guess who
the judge is in his case.
Speaker 2 (03:57):
That's right, Judge seande As Simpson.
Speaker 10 (04:06):
I'm a sinner, baby, I'm all the power you need
now I'm out of the bottom.
Speaker 2 (04:14):
I'm gonna set you free.
Speaker 1 (04:18):
Welcome to the burden. I'm Steve Fishman.
Speaker 2 (04:21):
And I'm DA's Devin Ross. In this episode, judgment.
Speaker 9 (04:35):
Nobody's got any fucking balls.
Speaker 11 (04:37):
Nobody we knew something was wrong in that damn courtroom.
Speaker 9 (04:42):
Murder literally pays.
Speaker 5 (04:46):
I've been fighting for my freedom for the longer. Dinner
with a lot of people.
Speaker 9 (04:50):
She destroyed me on three cases.
Speaker 12 (04:54):
Never never, never, never count your chickens before they atch.
Speaker 2 (04:58):
You gotta hold all time.
Speaker 1 (05:21):
Judge on Dia Simpson's decision had changed everything. She'd concluded
that Scarcella's investigative practices were corrupt. This was a huge deal.
Now all a convicted person had to do is proof
Scarcela had played a meaningful role in the investigation, and
(05:42):
then their conviction could be thrown out.
Speaker 2 (05:45):
The appeals court upheld her decision, and that meant the
bar had officially been lowered. The burden to reverse a
conviction had now become much easier to clear.
Speaker 1 (06:00):
I needed to talk to Judge Simpson about her momentous ruling.
But judges don't usually talk to reporters. It's not considered
proper conduct for an impartial arbiter. I emailed, phoned her office,
didn't respond. So I did what any journalists would do.
(06:21):
I sent her flowers. The day before the hearing was
to start, I showed up at her chambers unannounced, and
she appeared in her black robe. She met me in
the lobby and she seemed delighted the flower guys. She
called me. She promised to sit down with me for
an interview that day. We spoke for four minutes. I
(06:42):
had a recorder in my pocket. ABR always be recording.
Speaker 6 (06:49):
You think Scot's Owa did it on purpose? Well, yeah,
but you know what he had to do, what he
had to do.
Speaker 13 (06:54):
He did a lot of frickod things, a lot that
was just plain.
Speaker 2 (06:59):
Eva, just plain evil. I don't know. I hear that,
and I think, how can a judge, a sitting judge,
say this about a detective, a cop, someone who's also
on the side of the system. I mean, I have
to be honest. I don't think I've ever heard something
like this before.
Speaker 1 (07:18):
And Scarcela is about to appear before her in court
at Nelson's hearing. For Nelson, this is great news. I
mean she thinks that star detective in his case has
done evil for Derek too. Let's face it, this looks
like fantastic.
Speaker 6 (07:37):
Luck Nelson's case. It's personal.
Speaker 11 (07:41):
He's a young man at the system fucked around, and
you remember it happened to you.
Speaker 3 (07:51):
I heard for that kid every day, every fucking day.
Here's a kid who lost it's mother, like I lost one.
You gonna give that becks.
Speaker 14 (08:05):
Can't get it back.
Speaker 1 (08:09):
Derek's known Nelson crew since their days on the actual
innocence team. Remember Nelson was like an intern. He's the
one who'd make Derek's coffee through a sock. As Nelson's
hearing approaches, I check in with the key players by phone,
Like Louis.
Speaker 12 (08:28):
I think that you're probably don't have the luckiest judge.
Speaker 9 (08:34):
I would bet, I would bet get the judge overtur
into this. She destroyed me on three cases. I am
the oppressor of the minority community.
Speaker 14 (08:45):
This is nothing new.
Speaker 9 (08:47):
No one has the balls because she's a woman and
she's black. No one has the bulls to put this
woman in her place.
Speaker 1 (08:56):
I also talked to Nelson's lawyer, Justin Bonus, on the
eve of the hearing. He's psyching himself up, so you're there.
Speaker 11 (09:05):
Yeah, I'm here.
Speaker 12 (09:07):
I'm actually strapping right now for them all with bed.
Keep the pressure on and stay focused.
Speaker 15 (09:19):
Honorable Jeg Sipson is residing.
Speaker 2 (09:23):
It's March twenty six, twenty nineteen. Nelson Cruz is best
shot at freedom begins today far.
Speaker 15 (09:31):
Diping number three six six, nineteen ninety eight. The matter
of Nelson scruise.
Speaker 2 (09:38):
So, Steve, you were there.
Speaker 1 (09:40):
Yeah, And I'm sitting about a dozen feet from the
judge so I can see them lead Nelson Cruz in.
The officer unlocks his shackles, which gives me the chills.
Nelson is tall and thin. He wears a knit cap
a white shirt. He's been in prison for over two decades,
(10:01):
since he was seventeen years old.
Speaker 16 (10:04):
Justin Bonus on behalf and Nelson threw his good morning office.
Speaker 1 (10:07):
Justin Bonus is a newbie. Law school had not been
easy for him. He'd flunked out after his first year,
lived in his car for a while. He hadn't been
practicing for very long when he stepped into judge Simpson's courtroom,
but Derek believes in him.
Speaker 11 (10:25):
Justin will stand up in front of a judge and
state judge, you're run and be upset and angry and argue.
Speaker 6 (10:33):
And he's young enough to be bothered.
Speaker 1 (10:39):
And maybe it's okay that Justin is a novice. Derek
is sitting in the back of the courtroom, handing out
black caps that say victims of Detective Scarcella and texting
Justin instructions.
Speaker 5 (10:52):
Derek is literally Google Legal.
Speaker 12 (10:54):
That's what my nickname is. So let me talk to
Google Legal real fast.
Speaker 1 (10:57):
You know, the hearing is packed with reporters. We've taken
over the jury box. Judge Sandia Simpson shows up late,
oddly late. During breaks, she jots with me, calls me
the flower guy, even gives me her cell number.
Speaker 2 (11:15):
Wait a minute, she actually gave you her phone number.
Speaker 17 (11:19):
Wrote it down on a scrap of paper and pushed
it across the desk to the flower guy.
Speaker 1 (11:25):
Bonus went first.
Speaker 18 (11:27):
Oh, Louis Barcella's involved in this investigation, because this is
like Louis Barsola.
Speaker 16 (11:35):
Isn't just He's not just here and and mom and
this this is his case.
Speaker 1 (11:40):
Over the phone, I described the scene to Louis.
Speaker 12 (11:44):
First thing he does is he gets up and it's
like he delivers an opening state. Basically, he says his
argument is it's a scar seller case. Oh god, this
will not make you happy. But Judge Simpson journs the
hearing for the morning, and before everybody leaves the courtroom,
(12:07):
she picks out Derek Hamilton, walks up and gives him
a big hug.
Speaker 9 (12:14):
I don't believe it. I don't believe it, Derek. Oh
my god.
Speaker 1 (12:20):
I caught Simpson talking to Derek on my handy recorder.
Speaker 11 (12:27):
He said, I believe in you. Then I believe in you.
Speaker 1 (12:30):
Know I asked Derek about this moment.
Speaker 12 (12:32):
She believed in the changes that operate.
Speaker 5 (12:35):
I mean she believes him in this fight.
Speaker 12 (12:37):
Back to Louis, do you have any other good news?
Speaker 9 (12:42):
I mean, it's it's over. It's over. Before it started.
Speaker 1 (12:47):
I also called bonus.
Speaker 12 (12:49):
If I'm justin bonus, something wants a good thing.
Speaker 4 (12:55):
Yeah, never never, never, never count your chicken.
Speaker 1 (12:59):
Before that, Nelson's wife was feeling so optimistic she brought
him a change of clothes like she was expecting him
to be freed straight from the court room.
Speaker 2 (13:14):
Okay, so what is the evidence in this case, just
lay it all out for us.
Speaker 1 (13:20):
The crux is probably this. There was actually a cop
at the scene of the crime and he arrested the
man holding the murder weapon.
Speaker 5 (13:31):
Do you swear or from the testimony you are about
to give this court will be the truth, the whole truth,
and nothing but the truth.
Speaker 1 (13:35):
I do, thank you very much, you seated. This is
the cop at the scene. He doesn't remember anything from
the night of the murder, after all, it was about
twenty years ago. So the prosecutor hands him the report
he wrote that night. He reads from it.
Speaker 15 (13:52):
I was inside the car when I heard the gunshots
coming from the left of our patrol car. I exited
the car and I saw a number of muzzle blasts
coming in front of me.
Speaker 2 (14:01):
People started running in every direction.
Speaker 15 (14:04):
My attention was drawn to a male Hispanic pointing a
black gun towards Bradford Avenue. I yelled at him a
number of times to put the gun down.
Speaker 1 (14:14):
The officer arrested a male Hispanic, but that male Hispanic
was not Nelson Cruz. It was a man named Eduardo Rodriguez.
Speaker 17 (14:25):
So just this time the people call Eduardo Rodriguez.
Speaker 1 (14:29):
Eduardo Rodriguez comes in wearing what looks like a maitred
D's outfit. The prosecutor asks him his first question, a
really simple one.
Speaker 16 (14:40):
Back in March of nineteen ninety eight.
Speaker 1 (14:42):
How tall was Nelson Cruz? He was? He was really
ta kid, he mumbles. Even the court reporter can't understand him.
Speaker 2 (14:53):
He was, I was.
Speaker 16 (14:57):
And how tall are you?
Speaker 19 (15:00):
Six six five?
Speaker 17 (15:03):
I'm sorry, you're you are six ' five. I'm sitting
really close to Eduardo Rodriguez.
Speaker 1 (15:10):
Is he hallucinating? He's not nearly six foot five. Even
the prosecutor is surprised.
Speaker 2 (15:19):
You're six feet five inches tall, he said.
Speaker 1 (15:26):
From the bench. Judge Simpson instructs Eduardo to stand back
to back with the prosecutor.
Speaker 15 (15:33):
Fair to say that.
Speaker 20 (15:34):
The witness is about Friday Fidy.
Speaker 2 (15:37):
Okay, I drink from.
Speaker 1 (15:40):
Repeat that, Eduardo says, I kind of shrunk as I
got older, apparently afoot.
Speaker 2 (15:50):
So you're in this jury box with all these other reporters.
What is going on in your head?
Speaker 1 (15:55):
I'm thinking, I'm not gonna believe anything this guy says.
And this guy is a crucial witness for the prosecution.
The night of the murder, he was initially arrested and
taken to the precinct. After all, he was found with
the murder weapon in his hand, but somehow he walked
(16:16):
out a witness. Then Scarcella and another detective drive Rodriguez
to the apartment where Nelson lived with his mother. Scarcella
obtained a photo back in the car, he showed the
photo to Rodriguez. Scarcella says Rodriguez picked out Nelson as
(16:37):
the person who fired the gun.
Speaker 2 (16:39):
Bonus would seem to have a lot to work with.
I mean, he's got a witness who doesn't know his height,
and the same witness who had the murder weapon in
his hand the night of the murder.
Speaker 1 (16:51):
But in his cross examination, Bonus struggles.
Speaker 18 (16:57):
Why do you think, and this is just if you know,
why do you think an officer would believe that you
had a weapon in your hands?
Speaker 2 (17:06):
I mean, this is basic, basic criminal law. You can
only ask a witness about things they know.
Speaker 21 (17:14):
Well, Judge, Judge, he's asking to speculate as to someone
else's state of mind.
Speaker 16 (17:19):
You can't do.
Speaker 2 (17:22):
I take it, Bonus couldn't reach Google legal.
Speaker 1 (17:26):
Let's rephrase it.
Speaker 17 (17:26):
I know where you're getting at.
Speaker 14 (17:27):
Just take it. Tom tick about.
Speaker 1 (17:30):
Judge Simpson would like to help Bonus rephrase, but she's
forgotten the question.
Speaker 22 (17:37):
We had just the court report to read that because
I lost some words.
Speaker 23 (17:41):
You did that last part sing it.
Speaker 2 (17:43):
This is not normal. What are you thinking? Just talk
to me about what's going through your mind.
Speaker 1 (17:49):
Hey, I can sum it up. I'm thinking, what the
hell is going on in the halls of justice? This
whole thing is painful to listen to. Had to check
in with Bonus.
Speaker 23 (18:02):
I'm a young guy, you know what I mean. I
gotta work out some of my kinks.
Speaker 1 (18:06):
I asked him about Eduardo Rodriguez.
Speaker 12 (18:08):
I'm not gonna think about it anymore. I mean, this
guy is just you know, she's a lion, suck as shit.
Speaker 1 (18:18):
But in any case, Rodriguez's testimony shouldn't matter all that
much to the fate of Nelson Cruz.
Speaker 2 (18:25):
Right, because the burden of proof is simple. Simpson laid
it out in her prior decision show that Scarcilla had
a consequential role in Nelson's case, and all should be good.
Nelson's conviction should be overturned, and.
Speaker 16 (18:40):
So defense call detective Scarcelo.
Speaker 2 (18:49):
That's in a minute.
Speaker 17 (19:03):
Scarcella arrives in the corporate in the jury box, photographers,
leaning cameras go wild.
Speaker 1 (19:11):
Scarcella is sixty nine now, his hair is thinning. He's
wearing a suit. To my eye, he looks a big
rum book, but he's smiling. He's confident.
Speaker 2 (19:22):
We have the tape, and finally we get to hear
Louis Scarcella under oath on the stand.
Speaker 17 (19:29):
I do yeah, and listen. I'm hoping for fireworks. This
is a showdown.
Speaker 18 (19:37):
Good morning, Detective Scarcella. Is it all right if I
call you Detective Scarcella?
Speaker 16 (19:42):
Sure, it's comfortable. I've seen that term enough.
Speaker 1 (19:51):
Justin's referring to his notes. There are long pauses between questions.
Scarcella on the stand appears calm. He's really relaxed. He's
also flanked by his two lawyers. Bonus eases into the examination.
This might be a showdown, but Justin Bonus is playing nice.
(20:12):
He knows Louis served in the Navy.
Speaker 18 (20:14):
Yeah, my father was in the Marines, Douglas, God bless
you too for your.
Speaker 2 (20:21):
Safe So they've God blessed each other. Okay, great, beautiful, beautiful, beautiful,
on with it already.
Speaker 1 (20:31):
So Bonus does shift gears. He asks Scarcela about his
hundreds of arrests.
Speaker 16 (20:38):
How many of those arrests resulted in convictions? You know,
I have no idea, no idea.
Speaker 1 (20:46):
I think all of them.
Speaker 16 (20:48):
All of the night, I didn't possibly well, I don't remember.
Speaker 15 (20:51):
I don't remember.
Speaker 16 (20:55):
Do you stand by all the investigations you've conducted.
Speaker 1 (21:01):
Louis had gone into the hearing thinking it was over
before it began. Now he's feeling like Bonus gave him
the chance to say just what he wanted. I did
nothing wrong.
Speaker 4 (21:13):
I was disappointed. I wanted to say for another two hours,
I think I would have given him enough more wealth
to hang himself. And I gave him the thumbs up time.
Speaker 1 (21:25):
When I walked out and Dax, there was something else surprising.
This judge, the same judge who told me that Scarcella
was basically an evildoer, seemed kind of nice to him.
She waved past objections. He won't ask, She was solicitous,
(21:46):
she was patient.
Speaker 19 (21:47):
I guess he's thinking.
Speaker 1 (21:50):
Bonus asked about doctor Phil. The judge was like a fangirl?
Did you sorry? Did they shared a lad.
Speaker 6 (22:04):
You do?
Speaker 12 (22:07):
What did you like of the judge?
Speaker 14 (22:10):
She was so nice to you. I think she has
a crush on me.
Speaker 4 (22:14):
I think even she's saying this, there's a lot of bullshit.
Speaker 14 (22:19):
It was a zero for the defense.
Speaker 9 (22:21):
I should have fucking.
Speaker 23 (22:22):
Hugged us, son of a bitch, A son of a pitch.
Speaker 14 (22:27):
I should have fucking.
Speaker 1 (22:28):
Hugged us like Derek hugged her. But guess what, Derek
doesn't think any of that matters. He likes what he
heard in the courtroom. From my point of view, we've
met that burden of proof.
Speaker 5 (22:42):
Were right.
Speaker 1 (22:43):
I kind of agree. I think Louis is misunderstanding the
legal dynamics. Yeah, Bonus's command of procedure is inexpert, but
justin elicited certain important admissions.
Speaker 16 (22:58):
So you were the detective organized the surrender of mister
Kruz if you want, if you want to say that
should why would you? Why did you take the photo?
Did you show what Edward Rodriguez I did?
Speaker 17 (23:12):
I certainly did so.
Speaker 16 (23:14):
Is it fair to say you did something right?
Speaker 9 (23:20):
Yes?
Speaker 1 (23:24):
Derek believes that something is enough. Scarcella had a lot
of chances to do is evil, and in Derek's mind,
that should meet the burden to overturn the conviction. It's
Derek who drafts the briefs or Bonus and He's already
thinking about what he wants to write.
Speaker 11 (23:43):
I'll planned to the judge and plain English, what the
issues is that? What the bird approval? Oh, I'm sure
that that would be, you know, case closed, The closes.
Speaker 2 (23:51):
That both sides rest. Everyone waits for the decision. Five
months past, and then finally the day comes.
Speaker 1 (24:04):
We had a mic near the judge and overheard bits
of her conversation. A clerk tells her the press is
coming with cameras. She applies. Judge Simpson's court attorney reviews
the decision with her, the one she's about to deliver.
Speaker 16 (24:25):
A tough one.
Speaker 1 (24:28):
This is tough one, she says, The case is a
tough one. Then, weirdly, right before the court is called
to order, she asks her court attorney a question.
Speaker 2 (24:41):
Would you grant the motion? So Judge Simpson, with cameras
worrying and people's lives hanging in the balance, wants to
note if her court attorney would grant the motion to
free Nelson. What something is terribly off right now?
Speaker 1 (25:04):
The court attorney demurves.
Speaker 2 (25:08):
I thought, what, I don't know on what basis? And
this seems like this is news to the judge and
she's about to read this decision out loud.
Speaker 20 (25:20):
Anything you want to say beforehand, excuse me, Rol, anything
you want to say beforehand.
Speaker 16 (25:25):
No, I think we're all right.
Speaker 20 (25:30):
The defendant was granted the hearing giving the relations of
compromise police practices. It was a difficult case. Substantial testimony
was taken in this hearing. Eighteen witnesses were called. Significant
issues were raised in the course of the testimony taken.
Although the involvement of detectives Garstella was a great concern
(25:52):
as to the reliability of the investigation. In this case,
the defense failed to effectively undermine the evidence upon which
the defendant was committed. The defendant's motion to vacate, he's
denied and accomplish. That's Nelson's wife, sobbing, shock and sadness
(26:24):
rocked a Brooklyn courtroom.
Speaker 1 (26:25):
A family left heartbroken. Justin jumps up from his seat.
He's outraged. He's about the same age as Nelson Cruz.
He thinks of Nelson, who turned seventeen on the day
of the murder.
Speaker 18 (26:44):
These little kids, we're gonna believe that on the day
of his birthday. He chise, somebody, let's think about that
for a Second's.
Speaker 1 (26:57):
Sixteen Judge Simpson listens and then and this is bizarre,
gets up, turns and walks.
Speaker 9 (27:07):
Out through.
Speaker 2 (27:11):
Normally a judge calls a recessor will adjourn the hearing
before leaving. But that's not what happens right in this
instant Steve. She gets up from the bench, turns on
her heels, and exits exactly.
Speaker 1 (27:27):
And the reporters we have no idea what's going on.
Speaker 20 (27:32):
In all of my years as a reporter, I've never
seen anything quite like this. The judge stood up in
silence and walked out of the court room.
Speaker 1 (27:40):
Finally, a clerk announces that court is adjourned until the afternoon.
When court resumes, there's another strange turn. Judge Simpson calls
Justin Bonus to the bench. She wants to have a word,
she whispers. And Mike was there so they.
Speaker 13 (28:03):
Might the little turn of things. And I know you
put your heart on something of your case. I know
I know your passion, I know you're dry. It's a
tough one. There may be some more work to be done.
They were doing some research ourselves.
Speaker 6 (28:24):
I'm going to clean some stuff up and.
Speaker 13 (28:25):
Reread off the records. I'm gonna vacation your so I
got it refreshed, recollectious.
Speaker 2 (28:33):
Okay, hold up, Hold up. She confesses that she is
not sure she got it right, that she hasn't read
the record. Could be a little turn. She's saying that
she might change her ruling.
Speaker 1 (28:46):
I broke news of the decision to Luis Scarcela by phone.
Speaker 14 (28:51):
But did she She did not vacate.
Speaker 9 (28:54):
Correct, she did not vake cake.
Speaker 14 (28:57):
He is in shackle all right, Steeve. I don't you know, Steve,
I gotta tell you something. This is very fucking hard
for me. I'm over here in Maryland on the beach
with my whole family, and to day she just likes
to do this, and you know, it's just fucking look,
you know what fucking shecause. I mean, I'm happy. I'm happy, Steve.
(29:21):
I'm very happy. And uh, I'm very happy for the
first time, and I a Steve listened to me, Steeve, Steve,
I didn't do any of these things that they said
I did. Every one of these cases should have been
like that.
Speaker 2 (29:38):
We caught up with Derek.
Speaker 1 (29:40):
So you must have been shattered when Judge Simpson.
Speaker 6 (29:44):
Devastated. I remember being him, Steve. I remember sitting to.
Speaker 1 (29:47):
See Yeah, I'd sat through that hearing for days and
I still didn't understand. I had so many questions. Judge
Simpson had given me her cell phone number. I called
it and guess what she invited me for that interview,
the one she promised me when I sent the flowers.
Speaker 23 (30:11):
I respect you wholeheartedly, always had and the first time
I met you.
Speaker 22 (30:15):
That's in a minute.
Speaker 21 (30:29):
I am nervous.
Speaker 1 (30:32):
I get into my car with our producer Saxon. It's
several months after the decision, so let's review the chronology.
Speaker 17 (30:41):
So yesterday we go out from Brooklyn to where she
lives in South Orange. We run in a little late,
so I text her and say we're running about fifteen
minutes late.
Speaker 1 (30:56):
We have a noon meeting with her, and she texts backs.
Speaker 17 (31:00):
Saying, Oh, I just have to run into the city
running to DMV.
Speaker 1 (31:05):
I'll be back soon.
Speaker 2 (31:11):
You and I both know that no one runs into
the DMV, especially from South Oreg, New Jersey, and is
back soon. That's at least a two hour round trip.
Speaker 1 (31:20):
You are right, I mean it's baffling. So wait, do
we dig around?
Speaker 6 (31:26):
Do we cancel?
Speaker 1 (31:27):
I really wanted to push your head. So Saxon and
I set up at a local cafe.
Speaker 2 (31:35):
So two o'clock comes around, we're drinking coffee.
Speaker 17 (31:37):
You get a text message, I am on my way back.
Now we're driving back to her house and we're like
five minutes away and the phone rings. It's a woman
named Anna who says she is Sean DIA's assistant. One
of Seanda's kids has gotten very sick and Shendya has
(32:01):
to reschedule.
Speaker 2 (32:03):
So now it's back to New York.
Speaker 9 (32:14):
Okay.
Speaker 21 (32:16):
So an hour later, we're just crossed through the Holland
Tunnel and there's a Raleigh, North Carolina number on the phone.
Speaker 12 (32:27):
Okay, I'm at a red light.
Speaker 24 (32:29):
Hello, Okay, this is Steve Fischman.
Speaker 9 (32:32):
Correct, Yes it is.
Speaker 24 (32:34):
Yes, I'm reaching out on behalf of my client, Shandy
a symptom. I'm just going to as you know that
you need to cease communication with her directly. Any further
communication needs to come through week.
Speaker 9 (32:47):
Oh okay, could you tell me why.
Speaker 12 (32:49):
I mean we were just invited to her place today.
Speaker 24 (32:53):
I will be contacting you via text matches or we
conduction any further communications.
Speaker 10 (32:58):
Thank you so much.
Speaker 24 (32:59):
Do you have a great day.
Speaker 6 (33:06):
A half hour later, we're in Brooklyn. Are you about
to drop me off?
Speaker 2 (33:11):
And who calls Judge Sean Dia Simpson.
Speaker 12 (33:17):
Sorry, I'm just driving. I just pulled over.
Speaker 23 (33:20):
Oh that's okay. No, I had to. I had to
get my driver's license renews. So I had to go
downtown and get that done, which was great because it's
like I got to check that off the list.
Speaker 12 (33:29):
Yeah, yeah, that's really good. I actually I felt bad
because we could have just met here in uh New York. Oh,
that's true.
Speaker 5 (33:38):
I know.
Speaker 12 (33:39):
I thought about it AFTERCA. I was really eager to
talk because I feel like you're really pivotal in that,
you know, whole narrative of the change of the justice system.
Speaker 23 (33:47):
Oh that makes me feel so well. One, I respect
you wholeheartedly, always had from the first time I met you.
The best thing I remember about you is bringing me flowers.
Speaker 12 (33:58):
Well, I'll bring you to remind you.
Speaker 23 (34:01):
Yeah, let's get together. We got to make this happen
because you know I'm here for you.
Speaker 1 (34:05):
We set a date.
Speaker 12 (34:06):
Okay, so we'll see you tomorrow.
Speaker 19 (34:08):
It's one.
Speaker 1 (34:09):
Thanks.
Speaker 9 (34:09):
That sounds gay.
Speaker 2 (34:10):
Okay.
Speaker 20 (34:11):
Bye.
Speaker 25 (34:20):
So where we are now on the New Jersey Turnpike
repeating le groundhog Day what we did yesterday.
Speaker 17 (34:29):
And still wondering if at the end of our drive
she's gonna be there.
Speaker 2 (34:34):
Yeah, Oh my god, I'm nervous now.
Speaker 1 (34:43):
Thankfully, Judge Simpson is at her house. She's been on
Leaf for a few months. Actually, the Leaf started right
after Nelson's decision. She told me it was the first
break in her professional life. She's wearing jeans, a gray sweater, uggs.
A couple of dogs are running around. She's a gracious host.
Speaker 10 (35:05):
So we have like different rooms, like like this is
a great room here, this is like my piece and
tranquility room.
Speaker 13 (35:11):
We got the Gold room and the Green room.
Speaker 1 (35:13):
And then then we sit down. We're bunched together at
one end of a large dining room table.
Speaker 10 (35:20):
That one, it was back to back to back to
back people.
Speaker 16 (35:22):
Yeah, Nelson cruise.
Speaker 2 (35:23):
That case Nelson cruise.
Speaker 10 (35:26):
That was another hard one.
Speaker 17 (35:28):
Yeah, what was your what was your thought on that?
I had the feeling that you made up your mind,
but you weren't sure.
Speaker 10 (35:34):
And it's a case that bothered me. It was a
case that bothered me because you remember too, because there
was okay, there was Nelson cruise.
Speaker 17 (35:44):
I remember it was what was that, Jude Simpson gathered
your thoughts the phone rings.
Speaker 2 (35:48):
It was you know, it was tough. It was tough.
Speaker 1 (35:51):
We hold on, well, we hold on for less than
a minute fifty seconds to be exact. She sits down
with us again.
Speaker 17 (36:11):
You had just come back from vacation on that one,
and that funds like what a way to come back
from vacation, because.
Speaker 6 (36:17):
You know, yeah had in one place.
Speaker 17 (36:20):
Yeah, you were you were reading the decision and obviously
a very tough case.
Speaker 2 (36:24):
Yeah, which one?
Speaker 16 (36:27):
Which one was Thelon Cruise case?
Speaker 19 (36:29):
Yeah?
Speaker 10 (36:29):
And I just that case that will always kind of
bother me. It was just a lot happening in that case.
And it's something like I kept reading stuff over and over.
I probably have stuff more in my office. I should
probably read all this stuff. That Nelson Cruiz case kind
of did bother me.
Speaker 17 (36:46):
How about Scarcella's involved, Yeah, I just made a place
like what.
Speaker 10 (36:54):
I think that put it this way. I don't think
he's a bad man, and I think he tried to
do the right thing, and I'm gonna give him credit
for that. I mean, you know, you got to accept
people for who they are, and I think that sometimes
you see people in their mask and it's just like,
oh he's a bad guy. He's a bad guy. But Scarcela,
you know what, he had a nice history there and
(37:15):
he tried to do the best that he could.
Speaker 22 (37:17):
Put it.
Speaker 2 (37:17):
That way, Steve, this is the same woman who told
you just a few months earlier that Detective Scarcella had
done evil things.
Speaker 1 (37:26):
It's confusing. Did she really change her mind? Chanced to
like read and through that decision?
Speaker 21 (37:35):
The Nelson Cruise decision before you? You had to read
it before everybody.
Speaker 10 (37:39):
No, I read it a couple of I read it.
In fact, I still have it.
Speaker 16 (37:45):
Someone there's not here with me. It's probably no office.
Speaker 10 (37:50):
Then Nelson Cruz, that was a hard one.
Speaker 1 (37:53):
Well thought he was guilty.
Speaker 16 (37:54):
You thought he was innocent? Nelson?
Speaker 2 (37:56):
Yeah, I thought he.
Speaker 10 (37:58):
Was probably more innocent than guilty.
Speaker 11 (38:01):
I thought so.
Speaker 1 (38:02):
And around this point I turned to Saxon and scribble
a question, is she high?
Speaker 9 (38:08):
You know?
Speaker 1 (38:09):
Nelson Cruise was seventeen?
Speaker 5 (38:11):
That bothered me.
Speaker 1 (38:12):
Too, Saxon wrote back, early dementia. How about a DMV yesterday?
Speaker 16 (38:19):
Uh, what happened to DMV yesterday?
Speaker 4 (38:25):
They're doing their dB yesterday.
Speaker 10 (38:28):
I was supposed to do something in dB something happened.
Speaker 5 (38:32):
What happened at DMV?
Speaker 23 (38:34):
I was supposed to do something at DMV.
Speaker 2 (38:39):
We'll come back. We're gonna let you go.
Speaker 1 (38:48):
Thank you so much.
Speaker 19 (38:49):
It's so great to see you.
Speaker 2 (38:50):
Appreciate you, mak your time for all.
Speaker 16 (38:52):
I appreciate it.
Speaker 2 (38:53):
Thank you, thank you.
Speaker 25 (38:58):
We will take care of that, all right, Thank you.
Speaker 6 (39:11):
I'm rolling still.
Speaker 2 (39:13):
That was rough.
Speaker 17 (39:15):
There's no way she could have really conducted that trial,
like giving her currency capacity. She just disappeared from the.
Speaker 6 (39:24):
Bench turn half hour break, two and a half hour break.
Speaker 1 (39:26):
But she didn't say it was a break. She just disappeared.
That kind of makes a little more sense.
Speaker 6 (39:34):
Now, Yeah, it all makes sense.
Speaker 19 (39:36):
Now.
Speaker 1 (39:41):
That's about the time I called you, Dex. I needed
your take on this. Journals aren't supposed to take sides.
We're not supposed to or.
Speaker 2 (39:51):
A field or one side or the other.
Speaker 6 (39:53):
What's going on? We're a neutral ring.
Speaker 3 (39:56):
Yeah, I'm thinking, frankly, I'm.
Speaker 16 (39:59):
Thinking about my duty to Nelson Cruz.
Speaker 1 (40:01):
I'm thinking about my duty beyond my journalistic duty.
Speaker 2 (40:05):
This has consequences. This is untenable.
Speaker 1 (40:10):
How did people let this go on?
Speaker 25 (40:13):
Am I going to be one of those people who
let this go on?
Speaker 2 (40:17):
We can't just not.
Speaker 1 (40:17):
Do anything, Dax. I think we've got to reach out
to Derek.
Speaker 2 (40:26):
I mean, he has to know.
Speaker 9 (40:31):
We knew something was wrong in that damn courtroom.
Speaker 12 (40:34):
We just couldn't get our hands on it.
Speaker 17 (40:37):
Derek wanted to get Justin Bonus on the line, Justin,
can you hear me?
Speaker 14 (40:43):
Yeah?
Speaker 12 (40:45):
I wish I could say I was surprised.
Speaker 14 (40:48):
But at the same time, I'm blown away.
Speaker 9 (40:52):
I mean, how bad was it, Steve? I mean Derek
said it.
Speaker 6 (40:54):
Was bad, but how bad? Oh?
Speaker 19 (40:58):
It was?
Speaker 14 (40:59):
It was?
Speaker 12 (41:00):
It was so striking that I felt.
Speaker 9 (41:06):
Guilty being there. I didn't really know who.
Speaker 12 (41:10):
I was talking to at that point. I don't even
really know what to say.
Speaker 9 (41:14):
Totally.
Speaker 12 (41:15):
It's outrageous, Okay, it is. It's really disturbing.
Speaker 2 (41:22):
Everyone around her had to have known, I mean, had minimum,
her assistant, the court attorney, all those clerks, I mean
they're around her every single day.
Speaker 1 (41:32):
And her bosses. The knowledge had to be widespread. She'd
previously been quote unquote disciplined for tardiness and lack of
productivity in fractions, for which she was shipped to the Bronx,
where they assigned her less consequential matters. Shout out to
the Bronx, where Brooklyn's problems apparently go to hide.
Speaker 2 (41:55):
Soon after your meeting, Judge Simpson resigned. The official reason
in the press release. Early onset Alzheimer's Bonus submitted an
argument that Judge Simpson wasn't competent to preside over the
hearing and that Nelson Cruz should get a new one.
Another judge was assigned to review the record, and this
(42:15):
judge scoffed at Bonus's arguments, basically called him incompetent. And
then this judge stood by his colleague stating, quote, the
record clearly demonstrates Justice Simpson was competent to preside over
the hearing as well as render a decision end quote.
Speaker 1 (42:41):
I'm thinking of those officials who called Scarcella a rogue
and blamed this rogue for so many misdeats. Really, the
whole system ran over Nelson. No one spoke up, and
it was clear to me at least she was not
capable of making a decision on Nelson's future. Another judge
(43:03):
had the chance to overturn Judge Simpson's ruling, but he upheld.
Speaker 11 (43:07):
It beside man because they know who committed that crime,
they didn't care, and that kid is still in prison.
I try to stay so busy that I don't think about.
Speaker 2 (43:25):
It next time. On The Burden, Derek Hamilton's case solved.
Speaker 1 (43:38):
I mean, the story just doesn't work.
Speaker 2 (43:41):
Could not have happened.
Speaker 1 (43:42):
The way she says it does.
Speaker 14 (43:45):
So if you couldn't be doing all the things that
she said happened.
Speaker 2 (43:50):
It boggles the mind. It boggles the mind. It boggles
the mind.
Speaker 1 (43:56):
All now, I'm mama.
Speaker 2 (44:02):
Bon I'm going to steffree.
Speaker 1 (44:08):
The Burden is created by Steve Fishman. That's me.
Speaker 17 (44:11):
It's hosted and reported by Steve Fishman and Dax Devlin Ross.
Speaker 1 (44:15):
Story editor is Dan Bobkoff. Our senior producer is Simon Rentner.
Our producer is Sanam Skelly. Associate producer Austin Smith. Fact
checking by Sona Avakian. Our production coordinator is Davon Paradise.
Mixing and sound designed by Mumbo Media. Our executive producers
are Fisher, Stevens, Evan Williams and me Steve Fishman. Additional
(44:39):
production help from Josie Holtzman, Isaac Kestenbaum, Naomi Roner, Lucy Souchek,
Drew Nellis, Micah Hazel, Priscilla Alabi, Saxon Baird, Katie Simon,
and Katie Spranger. We give special thanks to Ellen Horn,
Lizzie Jacobs, Nathan Tempe, Tobiah Black, Rachel Morrissey, Lyla Robinson,
(44:59):
Mark Smyr and Jack Stewart Pontier, and deep appreciation to
Marcy Wiseman. Special thanks to our agents Ben Davis and
Marissa Hrowitz. Mona Hook provided our legal advice. She's from
MKSR LP, and a very special thanks to Evan Williams,
one of our executive producers and the person who made
(45:20):
this podcast possible. We are honored to feature the song
black Lightning from The Bell Rays as our theme music.
The Burden is a production of Orbit Media in association
with Signal Company.
Speaker 19 (45:31):
Number one.
Speaker 1 (45:48):
Season two of The Burden Empire on Blood will be
available everywhere you get your podcasts on August seventh. All
episodes will be available early and ad free, along with
the exclusive bonus content on Orbit's newly launched True Crime
Clubhouse as subscription channel on Apple Podcasts. It's only two
(46:09):
ninety nine a month.
Hi, Steve Fishman here, creator of The Burden as well
as the number one true crime podcast, My Friend The
Serial Killer. For those of you who liked The Burden,
I have good news. Season two starts August seventh. It's
a series called The Burden Empire on Blood and it's
the director's cut of the true crime classic Empire on Blood,
(00:22):
which reached number one on the charts when it debuted
half a dozen years ago. Then the fat cat funders
abandon it. I wrangled it back and now I'm thrilled
to share this story of a man who fought the
law for two decades, fought against the Bronx's top homicide
prosecutor and a detective sometimes known as the Louis Scarcela
(00:44):
of the Bronx. It's all coming to you August seventh,
wherever you get your podcasts.
Speaker 2 (00:52):
Previously on The Burden.
Speaker 3 (00:56):
So the judge said it right there, somebody's planning on
corner Scarsella.
Speaker 4 (01:00):
And he made that decision that I did, which is preposterous.
Speaker 2 (01:05):
Holy shit.
Speaker 1 (01:07):
We won.
Speaker 5 (01:08):
I'm sure in Derek fifty five report in the bottom
of this that has Detective Scarseller Lewis Scarseller.
Speaker 6 (01:15):
I can't run off in the sunset. I get the
souls left behind, right, I know nothing? Who was innocent?
Speaker 5 (01:21):
You can't tell me, isn't you gotta be serious there,
there's no games here. This is freedom here.
Speaker 6 (01:26):
I look forward, whooping yell ass in court.
Speaker 1 (01:37):
The floodgates had opened. Many of those convicted, with the
help of Detective Scarcella, were back in court. They wanted
their convictions overturned. In each hearing, Scarcella testified, and in
each hearing Derek Hamilton sat quietly in the back of
the courtroom until one day in twenty sixteen.
Speaker 6 (02:00):
I was very upset when I came to the courtroom
that day and he was sitting in there like he
was a star. He was proud of who he was
as a detective.
Speaker 7 (02:10):
He way, hey, Bob and Joe and now like all
his friends were here and this was a joke. I
went up to a massine, why the fuck did he
framed me for this murder? And he said, this is
not the place, not now.
Speaker 6 (02:27):
What is the fucking done? If I ever could have
killed the man? That was the day.
Speaker 1 (02:32):
Scarcella's attorneys hustled Louis out of harm's way, But a
blow of a different sort did land on Scarsella. This
one came from the judge in the case.
Speaker 2 (02:46):
That judge's decision contained a scathing attack on Scarcella, his
police work, his attitude, his morals. Judge Sean Dia Simpson
trashed him personally. He showed no ris expect for the rules.
She wrote.
Speaker 8 (03:02):
Scarcela has been regarded as a legend in the NYPD
for his number of homicide arrests, and there is a saying,
when it's too good to be true, it usually is.
Speaker 2 (03:16):
Then came the hearing to free one of Derek's closest
friends and one of those supposed victims of Scarcella, an
AI team law partner named Nelson Cruz.
Speaker 5 (03:29):
Derrick. He always told me before he went home, He's
telling me, listen, don't worry about it. I'm gonna comfort you.
Trust me. He kept telling me that I'm gonna comf
for you. When I make it home, I'm gonna come
for you.
Speaker 9 (03:38):
He kept his.
Speaker 5 (03:39):
Words, and he's here if I need anything, he's there.
And she got me while I'm at today. I'm in
court today with my case. Hopefully I'm hoping to go
home in a week.
Speaker 1 (03:51):
Nelson may have good reason to be optimistic. Guess who
the judge is in his case.
Speaker 2 (03:57):
That's right, Judge seande As Simpson.
Speaker 10 (04:06):
I'm a sinner, baby, I'm all the power you need
now I'm out of the bottom.
Speaker 2 (04:14):
I'm gonna set you free.
Speaker 1 (04:18):
Welcome to the burden. I'm Steve Fishman.
Speaker 2 (04:21):
And I'm DA's Devin Ross. In this episode, judgment.
Speaker 9 (04:35):
Nobody's got any fucking balls.
Speaker 11 (04:37):
Nobody we knew something was wrong in that damn courtroom.
Speaker 9 (04:42):
Murder literally pays.
Speaker 5 (04:46):
I've been fighting for my freedom for the longer. Dinner
with a lot of people.
Speaker 9 (04:50):
She destroyed me on three cases.
Speaker 12 (04:54):
Never never, never, never count your chickens before they atch.
Speaker 2 (04:58):
You gotta hold all time.
Speaker 1 (05:21):
Judge on Dia Simpson's decision had changed everything. She'd concluded
that Scarcella's investigative practices were corrupt. This was a huge deal.
Now all a convicted person had to do is proof
Scarcela had played a meaningful role in the investigation, and
(05:42):
then their conviction could be thrown out.
Speaker 2 (05:45):
The appeals court upheld her decision, and that meant the
bar had officially been lowered. The burden to reverse a
conviction had now become much easier to clear.
Speaker 1 (06:00):
I needed to talk to Judge Simpson about her momentous ruling.
But judges don't usually talk to reporters. It's not considered
proper conduct for an impartial arbiter. I emailed, phoned her office,
didn't respond. So I did what any journalists would do.
(06:21):
I sent her flowers. The day before the hearing was
to start, I showed up at her chambers unannounced, and
she appeared in her black robe. She met me in
the lobby and she seemed delighted the flower guys. She
called me. She promised to sit down with me for
an interview that day. We spoke for four minutes. I
(06:42):
had a recorder in my pocket. ABR always be recording.
Speaker 6 (06:49):
You think Scot's Owa did it on purpose? Well, yeah,
but you know what he had to do, what he
had to do.
Speaker 13 (06:54):
He did a lot of frickod things, a lot that
was just plain.
Speaker 2 (06:59):
Eva, just plain evil. I don't know. I hear that,
and I think, how can a judge, a sitting judge,
say this about a detective, a cop, someone who's also
on the side of the system. I mean, I have
to be honest. I don't think I've ever heard something
like this before.
Speaker 1 (07:18):
And Scarcela is about to appear before her in court
at Nelson's hearing. For Nelson, this is great news. I
mean she thinks that star detective in his case has
done evil for Derek too. Let's face it, this looks
like fantastic.
Speaker 6 (07:37):
Luck Nelson's case. It's personal.
Speaker 11 (07:41):
He's a young man at the system fucked around, and
you remember it happened to you.
Speaker 3 (07:51):
I heard for that kid every day, every fucking day.
Here's a kid who lost it's mother, like I lost one.
You gonna give that becks.
Speaker 14 (08:05):
Can't get it back.
Speaker 1 (08:09):
Derek's known Nelson crew since their days on the actual
innocence team. Remember Nelson was like an intern. He's the
one who'd make Derek's coffee through a sock. As Nelson's
hearing approaches, I check in with the key players by phone,
Like Louis.
Speaker 12 (08:28):
I think that you're probably don't have the luckiest judge.
Speaker 9 (08:34):
I would bet, I would bet get the judge overtur
into this. She destroyed me on three cases. I am
the oppressor of the minority community.
Speaker 14 (08:45):
This is nothing new.
Speaker 9 (08:47):
No one has the balls because she's a woman and
she's black. No one has the bulls to put this
woman in her place.
Speaker 1 (08:56):
I also talked to Nelson's lawyer, Justin Bonus, on the
eve of the hearing. He's psyching himself up, so you're there.
Speaker 11 (09:05):
Yeah, I'm here.
Speaker 12 (09:07):
I'm actually strapping right now for them all with bed.
Keep the pressure on and stay focused.
Speaker 15 (09:19):
Honorable Jeg Sipson is residing.
Speaker 2 (09:23):
It's March twenty six, twenty nineteen. Nelson Cruz is best
shot at freedom begins today far.
Speaker 15 (09:31):
Diping number three six six, nineteen ninety eight. The matter
of Nelson scruise.
Speaker 2 (09:38):
So, Steve, you were there.
Speaker 1 (09:40):
Yeah, And I'm sitting about a dozen feet from the
judge so I can see them lead Nelson Cruz in.
The officer unlocks his shackles, which gives me the chills.
Nelson is tall and thin. He wears a knit cap
a white shirt. He's been in prison for over two decades,
(10:01):
since he was seventeen years old.
Speaker 16 (10:04):
Justin Bonus on behalf and Nelson threw his good morning office.
Speaker 1 (10:07):
Justin Bonus is a newbie. Law school had not been
easy for him. He'd flunked out after his first year,
lived in his car for a while. He hadn't been
practicing for very long when he stepped into judge Simpson's courtroom,
but Derek believes in him.
Speaker 11 (10:25):
Justin will stand up in front of a judge and
state judge, you're run and be upset and angry and argue.
Speaker 6 (10:33):
And he's young enough to be bothered.
Speaker 1 (10:39):
And maybe it's okay that Justin is a novice. Derek
is sitting in the back of the courtroom, handing out
black caps that say victims of Detective Scarcella and texting
Justin instructions.
Speaker 5 (10:52):
Derek is literally Google Legal.
Speaker 12 (10:54):
That's what my nickname is. So let me talk to
Google Legal real fast.
Speaker 1 (10:57):
You know, the hearing is packed with reporters. We've taken
over the jury box. Judge Sandia Simpson shows up late,
oddly late. During breaks, she jots with me, calls me
the flower guy, even gives me her cell number.
Speaker 2 (11:15):
Wait a minute, she actually gave you her phone number.
Speaker 17 (11:19):
Wrote it down on a scrap of paper and pushed
it across the desk to the flower guy.
Speaker 1 (11:25):
Bonus went first.
Speaker 18 (11:27):
Oh, Louis Barcella's involved in this investigation, because this is
like Louis Barsola.
Speaker 16 (11:35):
Isn't just He's not just here and and mom and
this this is his case.
Speaker 1 (11:40):
Over the phone, I described the scene to Louis.
Speaker 12 (11:44):
First thing he does is he gets up and it's
like he delivers an opening state. Basically, he says his
argument is it's a scar seller case. Oh god, this
will not make you happy. But Judge Simpson journs the
hearing for the morning, and before everybody leaves the courtroom,
(12:07):
she picks out Derek Hamilton, walks up and gives him
a big hug.
Speaker 9 (12:14):
I don't believe it. I don't believe it, Derek. Oh
my god.
Speaker 1 (12:20):
I caught Simpson talking to Derek on my handy recorder.
Speaker 11 (12:27):
He said, I believe in you. Then I believe in you.
Speaker 1 (12:30):
Know I asked Derek about this moment.
Speaker 12 (12:32):
She believed in the changes that operate.
Speaker 5 (12:35):
I mean she believes him in this fight.
Speaker 12 (12:37):
Back to Louis, do you have any other good news?
Speaker 9 (12:42):
I mean, it's it's over. It's over. Before it started.
Speaker 1 (12:47):
I also called bonus.
Speaker 12 (12:49):
If I'm justin bonus, something wants a good thing.
Speaker 4 (12:55):
Yeah, never never, never, never count your chicken.
Speaker 1 (12:59):
Before that, Nelson's wife was feeling so optimistic she brought
him a change of clothes like she was expecting him
to be freed straight from the court room.
Speaker 2 (13:14):
Okay, so what is the evidence in this case, just
lay it all out for us.
Speaker 1 (13:20):
The crux is probably this. There was actually a cop
at the scene of the crime and he arrested the
man holding the murder weapon.
Speaker 5 (13:31):
Do you swear or from the testimony you are about
to give this court will be the truth, the whole truth,
and nothing but the truth.
Speaker 1 (13:35):
I do, thank you very much, you seated. This is
the cop at the scene. He doesn't remember anything from
the night of the murder, after all, it was about
twenty years ago. So the prosecutor hands him the report
he wrote that night. He reads from it.
Speaker 15 (13:52):
I was inside the car when I heard the gunshots
coming from the left of our patrol car. I exited
the car and I saw a number of muzzle blasts
coming in front of me.
Speaker 2 (14:01):
People started running in every direction.
Speaker 15 (14:04):
My attention was drawn to a male Hispanic pointing a
black gun towards Bradford Avenue. I yelled at him a
number of times to put the gun down.
Speaker 1 (14:14):
The officer arrested a male Hispanic, but that male Hispanic
was not Nelson Cruz. It was a man named Eduardo Rodriguez.
Speaker 17 (14:25):
So just this time the people call Eduardo Rodriguez.
Speaker 1 (14:29):
Eduardo Rodriguez comes in wearing what looks like a maitred
D's outfit. The prosecutor asks him his first question, a
really simple one.
Speaker 16 (14:40):
Back in March of nineteen ninety eight.
Speaker 1 (14:42):
How tall was Nelson Cruz? He was? He was really
ta kid, he mumbles. Even the court reporter can't understand him.
Speaker 2 (14:53):
He was, I was.
Speaker 16 (14:57):
And how tall are you?
Speaker 19 (15:00):
Six six five?
Speaker 17 (15:03):
I'm sorry, you're you are six ' five. I'm sitting
really close to Eduardo Rodriguez.
Speaker 1 (15:10):
Is he hallucinating? He's not nearly six foot five. Even
the prosecutor is surprised.
Speaker 2 (15:19):
You're six feet five inches tall, he said.
Speaker 1 (15:26):
From the bench. Judge Simpson instructs Eduardo to stand back
to back with the prosecutor.
Speaker 15 (15:33):
Fair to say that.
Speaker 20 (15:34):
The witness is about Friday Fidy.
Speaker 2 (15:37):
Okay, I drink from.
Speaker 1 (15:40):
Repeat that, Eduardo says, I kind of shrunk as I
got older, apparently afoot.
Speaker 2 (15:50):
So you're in this jury box with all these other reporters.
What is going on in your head?
Speaker 1 (15:55):
I'm thinking, I'm not gonna believe anything this guy says.
And this guy is a crucial witness for the prosecution.
The night of the murder, he was initially arrested and
taken to the precinct. After all, he was found with
the murder weapon in his hand, but somehow he walked
(16:16):
out a witness. Then Scarcella and another detective drive Rodriguez
to the apartment where Nelson lived with his mother. Scarcella
obtained a photo back in the car, he showed the
photo to Rodriguez. Scarcella says Rodriguez picked out Nelson as
(16:37):
the person who fired the gun.
Speaker 2 (16:39):
Bonus would seem to have a lot to work with.
I mean, he's got a witness who doesn't know his height,
and the same witness who had the murder weapon in
his hand the night of the murder.
Speaker 1 (16:51):
But in his cross examination, Bonus struggles.
Speaker 18 (16:57):
Why do you think, and this is just if you know,
why do you think an officer would believe that you
had a weapon in your hands?
Speaker 2 (17:06):
I mean, this is basic, basic criminal law. You can
only ask a witness about things they know.
Speaker 21 (17:14):
Well, Judge, Judge, he's asking to speculate as to someone
else's state of mind.
Speaker 16 (17:19):
You can't do.
Speaker 2 (17:22):
I take it, Bonus couldn't reach Google legal.
Speaker 1 (17:26):
Let's rephrase it.
Speaker 17 (17:26):
I know where you're getting at.
Speaker 14 (17:27):
Just take it. Tom tick about.
Speaker 1 (17:30):
Judge Simpson would like to help Bonus rephrase, but she's
forgotten the question.
Speaker 22 (17:37):
We had just the court report to read that because
I lost some words.
Speaker 23 (17:41):
You did that last part sing it.
Speaker 2 (17:43):
This is not normal. What are you thinking? Just talk
to me about what's going through your mind.
Speaker 1 (17:49):
Hey, I can sum it up. I'm thinking, what the
hell is going on in the halls of justice? This
whole thing is painful to listen to. Had to check
in with Bonus.
Speaker 23 (18:02):
I'm a young guy, you know what I mean. I
gotta work out some of my kinks.
Speaker 1 (18:06):
I asked him about Eduardo Rodriguez.
Speaker 12 (18:08):
I'm not gonna think about it anymore. I mean, this
guy is just you know, she's a lion, suck as shit.
Speaker 1 (18:18):
But in any case, Rodriguez's testimony shouldn't matter all that
much to the fate of Nelson Cruz.
Speaker 2 (18:25):
Right, because the burden of proof is simple. Simpson laid
it out in her prior decision show that Scarcilla had
a consequential role in Nelson's case, and all should be good.
Nelson's conviction should be overturned, and.
Speaker 16 (18:40):
So defense call detective Scarcelo.
Speaker 2 (18:49):
That's in a minute.
Speaker 17 (19:03):
Scarcella arrives in the corporate in the jury box, photographers,
leaning cameras go wild.
Speaker 1 (19:11):
Scarcella is sixty nine now, his hair is thinning. He's
wearing a suit. To my eye, he looks a big
rum book, but he's smiling. He's confident.
Speaker 2 (19:22):
We have the tape, and finally we get to hear
Louis Scarcella under oath on the stand.
Speaker 17 (19:29):
I do yeah, and listen. I'm hoping for fireworks. This
is a showdown.
Speaker 18 (19:37):
Good morning, Detective Scarcella. Is it all right if I
call you Detective Scarcella?
Speaker 16 (19:42):
Sure, it's comfortable. I've seen that term enough.
Speaker 1 (19:51):
Justin's referring to his notes. There are long pauses between questions.
Scarcella on the stand appears calm. He's really relaxed. He's
also flanked by his two lawyers. Bonus eases into the examination.
This might be a showdown, but Justin Bonus is playing nice.
(20:12):
He knows Louis served in the Navy.
Speaker 18 (20:14):
Yeah, my father was in the Marines, Douglas, God bless
you too for your.
Speaker 2 (20:21):
Safe So they've God blessed each other. Okay, great, beautiful, beautiful, beautiful,
on with it already.
Speaker 1 (20:31):
So Bonus does shift gears. He asks Scarcela about his
hundreds of arrests.
Speaker 16 (20:38):
How many of those arrests resulted in convictions? You know,
I have no idea, no idea.
Speaker 1 (20:46):
I think all of them.
Speaker 16 (20:48):
All of the night, I didn't possibly well, I don't remember.
Speaker 15 (20:51):
I don't remember.
Speaker 16 (20:55):
Do you stand by all the investigations you've conducted.
Speaker 1 (21:01):
Louis had gone into the hearing thinking it was over
before it began. Now he's feeling like Bonus gave him
the chance to say just what he wanted. I did
nothing wrong.
Speaker 4 (21:13):
I was disappointed. I wanted to say for another two hours,
I think I would have given him enough more wealth
to hang himself. And I gave him the thumbs up time.
Speaker 1 (21:25):
When I walked out and Dax, there was something else surprising.
This judge, the same judge who told me that Scarcella
was basically an evildoer, seemed kind of nice to him.
She waved past objections. He won't ask, She was solicitous,
(21:46):
she was patient.
Speaker 19 (21:47):
I guess he's thinking.
Speaker 1 (21:50):
Bonus asked about doctor Phil. The judge was like a fangirl?
Did you sorry? Did they shared a lad.
Speaker 6 (22:04):
You do?
Speaker 12 (22:07):
What did you like of the judge?
Speaker 14 (22:10):
She was so nice to you. I think she has
a crush on me.
Speaker 4 (22:14):
I think even she's saying this, there's a lot of bullshit.
Speaker 14 (22:19):
It was a zero for the defense.
Speaker 9 (22:21):
I should have fucking.
Speaker 23 (22:22):
Hugged us, son of a bitch, A son of a pitch.
Speaker 14 (22:27):
I should have fucking.
Speaker 1 (22:28):
Hugged us like Derek hugged her. But guess what, Derek
doesn't think any of that matters. He likes what he
heard in the courtroom. From my point of view, we've
met that burden of proof.
Speaker 5 (22:42):
Were right.
Speaker 1 (22:43):
I kind of agree. I think Louis is misunderstanding the
legal dynamics. Yeah, Bonus's command of procedure is inexpert, but
justin elicited certain important admissions.
Speaker 16 (22:58):
So you were the detective organized the surrender of mister
Kruz if you want, if you want to say that
should why would you? Why did you take the photo?
Did you show what Edward Rodriguez I did?
Speaker 17 (23:12):
I certainly did so.
Speaker 16 (23:14):
Is it fair to say you did something right?
Speaker 9 (23:20):
Yes?
Speaker 1 (23:24):
Derek believes that something is enough. Scarcella had a lot
of chances to do is evil, and in Derek's mind,
that should meet the burden to overturn the conviction. It's
Derek who drafts the briefs or Bonus and He's already
thinking about what he wants to write.
Speaker 11 (23:43):
I'll planned to the judge and plain English, what the
issues is that? What the bird approval? Oh, I'm sure
that that would be, you know, case closed, The closes.
Speaker 2 (23:51):
That both sides rest. Everyone waits for the decision. Five
months past, and then finally the day comes.
Speaker 1 (24:04):
We had a mic near the judge and overheard bits
of her conversation. A clerk tells her the press is
coming with cameras. She applies. Judge Simpson's court attorney reviews
the decision with her, the one she's about to deliver.
Speaker 16 (24:25):
A tough one.
Speaker 1 (24:28):
This is tough one, she says, The case is a
tough one. Then, weirdly, right before the court is called
to order, she asks her court attorney a question.
Speaker 2 (24:41):
Would you grant the motion? So Judge Simpson, with cameras
worrying and people's lives hanging in the balance, wants to
note if her court attorney would grant the motion to
free Nelson. What something is terribly off right now?
Speaker 1 (25:04):
The court attorney demurves.
Speaker 2 (25:08):
I thought, what, I don't know on what basis? And
this seems like this is news to the judge and
she's about to read this decision out loud.
Speaker 20 (25:20):
Anything you want to say beforehand, excuse me, Rol, anything
you want to say beforehand.
Speaker 16 (25:25):
No, I think we're all right.
Speaker 20 (25:30):
The defendant was granted the hearing giving the relations of
compromise police practices. It was a difficult case. Substantial testimony
was taken in this hearing. Eighteen witnesses were called. Significant
issues were raised in the course of the testimony taken.
Although the involvement of detectives Garstella was a great concern
(25:52):
as to the reliability of the investigation. In this case,
the defense failed to effectively undermine the evidence upon which
the defendant was committed. The defendant's motion to vacate, he's
denied and accomplish. That's Nelson's wife, sobbing, shock and sadness
(26:24):
rocked a Brooklyn courtroom.
Speaker 1 (26:25):
A family left heartbroken. Justin jumps up from his seat.
He's outraged. He's about the same age as Nelson Cruz.
He thinks of Nelson, who turned seventeen on the day
of the murder.
Speaker 18 (26:44):
These little kids, we're gonna believe that on the day
of his birthday. He chise, somebody, let's think about that
for a Second's.
Speaker 1 (26:57):
Sixteen Judge Simpson listens and then and this is bizarre,
gets up, turns and walks.
Speaker 9 (27:07):
Out through.
Speaker 2 (27:11):
Normally a judge calls a recessor will adjourn the hearing
before leaving. But that's not what happens right in this
instant Steve. She gets up from the bench, turns on
her heels, and exits exactly.
Speaker 1 (27:27):
And the reporters we have no idea what's going on.
Speaker 20 (27:32):
In all of my years as a reporter, I've never
seen anything quite like this. The judge stood up in
silence and walked out of the court room.
Speaker 1 (27:40):
Finally, a clerk announces that court is adjourned until the afternoon.
When court resumes, there's another strange turn. Judge Simpson calls
Justin Bonus to the bench. She wants to have a word,
she whispers. And Mike was there so they.
Speaker 13 (28:03):
Might the little turn of things. And I know you
put your heart on something of your case. I know
I know your passion, I know you're dry. It's a
tough one. There may be some more work to be done.
They were doing some research ourselves.
Speaker 6 (28:24):
I'm going to clean some stuff up and.
Speaker 13 (28:25):
Reread off the records. I'm gonna vacation your so I
got it refreshed, recollectious.
Speaker 2 (28:33):
Okay, hold up, Hold up. She confesses that she is
not sure she got it right, that she hasn't read
the record. Could be a little turn. She's saying that
she might change her ruling.
Speaker 1 (28:46):
I broke news of the decision to Luis Scarcela by phone.
Speaker 14 (28:51):
But did she She did not vacate.
Speaker 9 (28:54):
Correct, she did not vake cake.
Speaker 14 (28:57):
He is in shackle all right, Steeve. I don't you know, Steve,
I gotta tell you something. This is very fucking hard
for me. I'm over here in Maryland on the beach
with my whole family, and to day she just likes
to do this, and you know, it's just fucking look,
you know what fucking shecause. I mean, I'm happy. I'm happy, Steve.
(29:21):
I'm very happy. And uh, I'm very happy for the
first time, and I a Steve listened to me, Steeve, Steve,
I didn't do any of these things that they said
I did. Every one of these cases should have been
like that.
Speaker 2 (29:38):
We caught up with Derek.
Speaker 1 (29:40):
So you must have been shattered when Judge Simpson.
Speaker 6 (29:44):
Devastated. I remember being him, Steve. I remember sitting to.
Speaker 1 (29:47):
See Yeah, I'd sat through that hearing for days and
I still didn't understand. I had so many questions. Judge
Simpson had given me her cell phone number. I called
it and guess what she invited me for that interview,
the one she promised me when I sent the flowers.
Speaker 23 (30:11):
I respect you wholeheartedly, always had and the first time
I met you.
Speaker 22 (30:15):
That's in a minute.
Speaker 21 (30:29):
I am nervous.
Speaker 1 (30:32):
I get into my car with our producer Saxon. It's
several months after the decision, so let's review the chronology.
Speaker 17 (30:41):
So yesterday we go out from Brooklyn to where she
lives in South Orange. We run in a little late,
so I text her and say we're running about fifteen
minutes late.
Speaker 1 (30:56):
We have a noon meeting with her, and she texts backs.
Speaker 17 (31:00):
Saying, Oh, I just have to run into the city
running to DMV.
Speaker 1 (31:05):
I'll be back soon.
Speaker 2 (31:11):
You and I both know that no one runs into
the DMV, especially from South Oreg, New Jersey, and is
back soon. That's at least a two hour round trip.
Speaker 1 (31:20):
You are right, I mean it's baffling. So wait, do
we dig around?
Speaker 6 (31:26):
Do we cancel?
Speaker 1 (31:27):
I really wanted to push your head. So Saxon and
I set up at a local cafe.
Speaker 2 (31:35):
So two o'clock comes around, we're drinking coffee.
Speaker 17 (31:37):
You get a text message, I am on my way back.
Now we're driving back to her house and we're like
five minutes away and the phone rings. It's a woman
named Anna who says she is Sean DIA's assistant. One
of Seanda's kids has gotten very sick and Shendya has
(32:01):
to reschedule.
Speaker 2 (32:03):
So now it's back to New York.
Speaker 9 (32:14):
Okay.
Speaker 21 (32:16):
So an hour later, we're just crossed through the Holland
Tunnel and there's a Raleigh, North Carolina number on the phone.
Speaker 12 (32:27):
Okay, I'm at a red light.
Speaker 24 (32:29):
Hello, Okay, this is Steve Fischman.
Speaker 9 (32:32):
Correct, Yes it is.
Speaker 24 (32:34):
Yes, I'm reaching out on behalf of my client, Shandy
a symptom. I'm just going to as you know that
you need to cease communication with her directly. Any further
communication needs to come through week.
Speaker 9 (32:47):
Oh okay, could you tell me why.
Speaker 12 (32:49):
I mean we were just invited to her place today.
Speaker 24 (32:53):
I will be contacting you via text matches or we
conduction any further communications.
Speaker 10 (32:58):
Thank you so much.
Speaker 24 (32:59):
Do you have a great day.
Speaker 6 (33:06):
A half hour later, we're in Brooklyn. Are you about
to drop me off?
Speaker 2 (33:11):
And who calls Judge Sean Dia Simpson.
Speaker 12 (33:17):
Sorry, I'm just driving. I just pulled over.
Speaker 23 (33:20):
Oh that's okay. No, I had to. I had to
get my driver's license renews. So I had to go
downtown and get that done, which was great because it's
like I got to check that off the list.
Speaker 12 (33:29):
Yeah, yeah, that's really good. I actually I felt bad
because we could have just met here in uh New York. Oh,
that's true.
Speaker 5 (33:38):
I know.
Speaker 12 (33:39):
I thought about it AFTERCA. I was really eager to
talk because I feel like you're really pivotal in that,
you know, whole narrative of the change of the justice system.
Speaker 23 (33:47):
Oh that makes me feel so well. One, I respect
you wholeheartedly, always had from the first time I met you.
The best thing I remember about you is bringing me flowers.
Speaker 12 (33:58):
Well, I'll bring you to remind you.
Speaker 23 (34:01):
Yeah, let's get together. We got to make this happen
because you know I'm here for you.
Speaker 1 (34:05):
We set a date.
Speaker 12 (34:06):
Okay, so we'll see you tomorrow.
Speaker 19 (34:08):
It's one.
Speaker 1 (34:09):
Thanks.
Speaker 9 (34:09):
That sounds gay.
Speaker 2 (34:10):
Okay.
Speaker 20 (34:11):
Bye.
Speaker 25 (34:20):
So where we are now on the New Jersey Turnpike
repeating le groundhog Day what we did yesterday.
Speaker 17 (34:29):
And still wondering if at the end of our drive
she's gonna be there.
Speaker 2 (34:34):
Yeah, Oh my god, I'm nervous now.
Speaker 1 (34:43):
Thankfully, Judge Simpson is at her house. She's been on
Leaf for a few months. Actually, the Leaf started right
after Nelson's decision. She told me it was the first
break in her professional life. She's wearing jeans, a gray sweater, uggs.
A couple of dogs are running around. She's a gracious host.
Speaker 10 (35:05):
So we have like different rooms, like like this is
a great room here, this is like my piece and
tranquility room.
Speaker 13 (35:11):
We got the Gold room and the Green room.
Speaker 1 (35:13):
And then then we sit down. We're bunched together at
one end of a large dining room table.
Speaker 10 (35:20):
That one, it was back to back to back to
back people.
Speaker 16 (35:22):
Yeah, Nelson cruise.
Speaker 2 (35:23):
That case Nelson cruise.
Speaker 10 (35:26):
That was another hard one.
Speaker 17 (35:28):
Yeah, what was your what was your thought on that?
I had the feeling that you made up your mind,
but you weren't sure.
Speaker 10 (35:34):
And it's a case that bothered me. It was a
case that bothered me because you remember too, because there
was okay, there was Nelson cruise.
Speaker 17 (35:44):
I remember it was what was that, Jude Simpson gathered
your thoughts the phone rings.
Speaker 2 (35:48):
It was you know, it was tough. It was tough.
Speaker 1 (35:51):
We hold on, well, we hold on for less than
a minute fifty seconds to be exact. She sits down
with us again.
Speaker 17 (36:11):
You had just come back from vacation on that one,
and that funds like what a way to come back
from vacation, because.
Speaker 6 (36:17):
You know, yeah had in one place.
Speaker 17 (36:20):
Yeah, you were you were reading the decision and obviously
a very tough case.
Speaker 2 (36:24):
Yeah, which one?
Speaker 16 (36:27):
Which one was Thelon Cruise case?
Speaker 19 (36:29):
Yeah?
Speaker 10 (36:29):
And I just that case that will always kind of
bother me. It was just a lot happening in that case.
And it's something like I kept reading stuff over and over.
I probably have stuff more in my office. I should
probably read all this stuff. That Nelson Cruiz case kind
of did bother me.
Speaker 17 (36:46):
How about Scarcella's involved, Yeah, I just made a place
like what.
Speaker 10 (36:54):
I think that put it this way. I don't think
he's a bad man, and I think he tried to
do the right thing, and I'm gonna give him credit
for that. I mean, you know, you got to accept
people for who they are, and I think that sometimes
you see people in their mask and it's just like,
oh he's a bad guy. He's a bad guy. But Scarcela,
you know what, he had a nice history there and
(37:15):
he tried to do the best that he could.
Speaker 22 (37:17):
Put it.
Speaker 2 (37:17):
That way, Steve, this is the same woman who told
you just a few months earlier that Detective Scarcella had
done evil things.
Speaker 1 (37:26):
It's confusing. Did she really change her mind? Chanced to
like read and through that decision?
Speaker 21 (37:35):
The Nelson Cruise decision before you? You had to read
it before everybody.
Speaker 10 (37:39):
No, I read it a couple of I read it.
In fact, I still have it.
Speaker 16 (37:45):
Someone there's not here with me. It's probably no office.
Speaker 10 (37:50):
Then Nelson Cruz, that was a hard one.
Speaker 1 (37:53):
Well thought he was guilty.
Speaker 16 (37:54):
You thought he was innocent? Nelson?
Speaker 2 (37:56):
Yeah, I thought he.
Speaker 10 (37:58):
Was probably more innocent than guilty.
Speaker 11 (38:01):
I thought so.
Speaker 1 (38:02):
And around this point I turned to Saxon and scribble
a question, is she high?
Speaker 9 (38:08):
You know?
Speaker 1 (38:09):
Nelson Cruise was seventeen?
Speaker 5 (38:11):
That bothered me.
Speaker 1 (38:12):
Too, Saxon wrote back, early dementia. How about a DMV yesterday?
Speaker 16 (38:19):
Uh, what happened to DMV yesterday?
Speaker 4 (38:25):
They're doing their dB yesterday.
Speaker 10 (38:28):
I was supposed to do something in dB something happened.
Speaker 5 (38:32):
What happened at DMV?
Speaker 23 (38:34):
I was supposed to do something at DMV.
Speaker 2 (38:39):
We'll come back. We're gonna let you go.
Speaker 1 (38:48):
Thank you so much.
Speaker 19 (38:49):
It's so great to see you.
Speaker 2 (38:50):
Appreciate you, mak your time for all.
Speaker 16 (38:52):
I appreciate it.
Speaker 2 (38:53):
Thank you, thank you.
Speaker 25 (38:58):
We will take care of that, all right, Thank you.
Speaker 6 (39:11):
I'm rolling still.
Speaker 2 (39:13):
That was rough.
Speaker 17 (39:15):
There's no way she could have really conducted that trial,
like giving her currency capacity. She just disappeared from the.
Speaker 6 (39:24):
Bench turn half hour break, two and a half hour break.
Speaker 1 (39:26):
But she didn't say it was a break. She just disappeared.
That kind of makes a little more sense.
Speaker 6 (39:34):
Now, Yeah, it all makes sense.
Speaker 19 (39:36):
Now.
Speaker 1 (39:41):
That's about the time I called you, Dex. I needed
your take on this. Journals aren't supposed to take sides.
We're not supposed to or.
Speaker 2 (39:51):
A field or one side or the other.
Speaker 6 (39:53):
What's going on? We're a neutral ring.
Speaker 3 (39:56):
Yeah, I'm thinking, frankly, I'm.
Speaker 16 (39:59):
Thinking about my duty to Nelson Cruz.
Speaker 1 (40:01):
I'm thinking about my duty beyond my journalistic duty.
Speaker 2 (40:05):
This has consequences. This is untenable.
Speaker 1 (40:10):
How did people let this go on?
Speaker 25 (40:13):
Am I going to be one of those people who
let this go on?
Speaker 2 (40:17):
We can't just not.
Speaker 1 (40:17):
Do anything, Dax. I think we've got to reach out
to Derek.
Speaker 2 (40:26):
I mean, he has to know.
Speaker 9 (40:31):
We knew something was wrong in that damn courtroom.
Speaker 12 (40:34):
We just couldn't get our hands on it.
Speaker 17 (40:37):
Derek wanted to get Justin Bonus on the line, Justin,
can you hear me?
Speaker 14 (40:43):
Yeah?
Speaker 12 (40:45):
I wish I could say I was surprised.
Speaker 14 (40:48):
But at the same time, I'm blown away.
Speaker 9 (40:52):
I mean, how bad was it, Steve? I mean Derek
said it.
Speaker 6 (40:54):
Was bad, but how bad? Oh?
Speaker 19 (40:58):
It was?
Speaker 14 (40:59):
It was?
Speaker 12 (41:00):
It was so striking that I felt.
Speaker 9 (41:06):
Guilty being there. I didn't really know who.
Speaker 12 (41:10):
I was talking to at that point. I don't even
really know what to say.
Speaker 9 (41:14):
Totally.
Speaker 12 (41:15):
It's outrageous, Okay, it is. It's really disturbing.
Speaker 2 (41:22):
Everyone around her had to have known, I mean, had minimum,
her assistant, the court attorney, all those clerks, I mean
they're around her every single day.
Speaker 1 (41:32):
And her bosses. The knowledge had to be widespread. She'd
previously been quote unquote disciplined for tardiness and lack of
productivity in fractions, for which she was shipped to the Bronx,
where they assigned her less consequential matters. Shout out to
the Bronx, where Brooklyn's problems apparently go to hide.
Speaker 2 (41:55):
Soon after your meeting, Judge Simpson resigned. The official reason
in the press release. Early onset Alzheimer's Bonus submitted an
argument that Judge Simpson wasn't competent to preside over the
hearing and that Nelson Cruz should get a new one.
Another judge was assigned to review the record, and this
(42:15):
judge scoffed at Bonus's arguments, basically called him incompetent. And
then this judge stood by his colleague stating, quote, the
record clearly demonstrates Justice Simpson was competent to preside over
the hearing as well as render a decision end quote.
Speaker 1 (42:41):
I'm thinking of those officials who called Scarcella a rogue
and blamed this rogue for so many misdeats. Really, the
whole system ran over Nelson. No one spoke up, and
it was clear to me at least she was not
capable of making a decision on Nelson's future. Another judge
(43:03):
had the chance to overturn Judge Simpson's ruling, but he upheld.
Speaker 11 (43:07):
It beside man because they know who committed that crime,
they didn't care, and that kid is still in prison.
I try to stay so busy that I don't think about.
Speaker 2 (43:25):
It next time. On The Burden, Derek Hamilton's case solved.
Speaker 1 (43:38):
I mean, the story just doesn't work.
Speaker 2 (43:41):
Could not have happened.
Speaker 1 (43:42):
The way she says it does.
Speaker 14 (43:45):
So if you couldn't be doing all the things that
she said happened.
Speaker 2 (43:50):
It boggles the mind. It boggles the mind. It boggles
the mind.
Speaker 1 (43:56):
All now, I'm mama.
Speaker 2 (44:02):
Bon I'm going to steffree.
Speaker 1 (44:08):
The Burden is created by Steve Fishman. That's me.
Speaker 17 (44:11):
It's hosted and reported by Steve Fishman and Dax Devlin Ross.
Speaker 1 (44:15):
Story editor is Dan Bobkoff. Our senior producer is Simon Rentner.
Our producer is Sanam Skelly. Associate producer Austin Smith. Fact
checking by Sona Avakian. Our production coordinator is Davon Paradise.
Mixing and sound designed by Mumbo Media. Our executive producers
are Fisher, Stevens, Evan Williams and me Steve Fishman. Additional
(44:39):
production help from Josie Holtzman, Isaac Kestenbaum, Naomi Roner, Lucy Souchek,
Drew Nellis, Micah Hazel, Priscilla Alabi, Saxon Baird, Katie Simon,
and Katie Spranger. We give special thanks to Ellen Horn,
Lizzie Jacobs, Nathan Tempe, Tobiah Black, Rachel Morrissey, Lyla Robinson,
(44:59):
Mark Smyr and Jack Stewart Pontier, and deep appreciation to
Marcy Wiseman. Special thanks to our agents Ben Davis and
Marissa Hrowitz. Mona Hook provided our legal advice. She's from
MKSR LP, and a very special thanks to Evan Williams,
one of our executive producers and the person who made
(45:20):
this podcast possible. We are honored to feature the song
black Lightning from The Bell Rays as our theme music.
The Burden is a production of Orbit Media in association
with Signal Company.
Speaker 19 (45:31):
Number one.
Speaker 1 (45:48):
Season two of The Burden Empire on Blood will be
available everywhere you get your podcasts on August seventh. All
episodes will be available early and ad free, along with
the exclusive bonus content on Orbit's newly launched True Crime
Clubhouse as subscription channel on Apple Podcasts. It's only two
(46:09):
ninety nine a month.
Hosts And Creators
Dax-Devlon Ross
Steve Fishman
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