January 19, 2022 • 33 mins
43 year old Jerome Loach was performing in a play at a church in South Philadelphia, PA on the evening of January 10, 2009. At the same time, police responded to a home invasion, in which three women were confronted at gunpoint by men posing as pizza deliverers. Two men were arrested, but a third man was implicated – Jerome. While the incriminating statement was recanted before trial, it was presented to the jury anyway. This, along with the police’s fabrication of phone records to secure Jerome’s involvement, led to Jerome’s conviction. Jerome served over 10 years of a 25-50 year sentence before the charges were dropped and he was released.
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Episode Transcript
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Speaker 1 (00:02):
On the night of January ten, two thousand nine, forty
three year old Jerome Loach was performing as one of
the leads in a church play in South Philadelphia. At
the same time, police were responding to a home invasion
in West Philadelphia in which two men forced themselves into
a home at gunpoint, confronting three women. Nothing was stolen
and no one was hurt. As police arrived, they saw
(00:24):
two men running away and arrested Sophie pat and Jesse Higgins.
One of the victims stated that there was a third
man in Bob that In Vat's original statement, he said
that he didn't know the person, but under threat of
deportation and other charges by investigators, Fat changed his story
to say that the third man was his employer at
a barbershop, Jerome Loach. Jerome was arrested and charged with
(00:46):
forty two counts, but prior to trial, Bat recanted his identification,
citing pressure from investigators. Despite this, the prosecution read Bat's
prior statement to the jury in light of the actual
exculpatory phone records. An investigator misled the jury with fabricated
phone records to tie Jerome into the crime. When the
(01:07):
defense failed to present Jerome's alibi or to expose the
fake phone records. Jerome was convicted and sentenced to fifty years.
Jerome was able to win an evidentury hearing in which
he was able to present his alibi and expose the
fraudulent phone records, proving both ineffective assistance of counsel and
prosecutorial misconduct, ultimately setting himself free after a decade in prison.
(01:33):
This is wrongful conviction. Welcome back to wrongful Conviction. I'm
your host, Jason Flom. Today's episode would actually be better
as a comedy if it wasn't so incredibly sinister and
(01:56):
if the consequences were it's so terror of this ridiculous
frame job. And when I say that, I'm talking about
Jerome Loach. So, Jerome, first of all, welcome to wrong
for Conviction. I'm sorry you're here, but I'm happy you're here.
Thank you and the audience for allowing me to come
before y'all and share my story. So, Jerome, you grew
(02:19):
up in Philadelphia, Is that right? Yes? Phil Listen, what
was your life like growing up and what were your
interactions with law enforcement before this crazy day? Essentially, I
grew up in a single parent household. My father passed
away when I was about ten years old. That left
my mother to raise six children. I took to the
(02:40):
streets at a every young age, I wind up getting
caught up in little nick knack crimes, nothing serious, but
just getting caught up with the wrong crowd. All my
other siblings they want to growing up to become successful entrepreneurs, ministers.
My brother he went on his served twenty five years
(03:01):
in the army, and so I was the only one
that made that wrong turn. I was young at the time.
I served my time, and during my incarceration, I went
to the University of Pittsburgh, went to college. I wind
up getting a couple of trades. One of the main
trade was in barbering, and I wind up getting my license.
I transformed that and wind up getting my manager's license,
(03:25):
And so when I come back home, I wind up
getting into real estate and opening up a barbershop. Once
I opened up the barbershop, I felt the need to
want to give back, and so those individuals that was
returning home, ex offenders and things to that nature, who
had their barber license, I would hire them at my barbershop,
you know, give them like a second chance, like I
(03:47):
got a second chance to try to get their life
in order. And in doing this, one individual that I
wind up hiring was an individual by the name of
Sophie fat And this is how this story and my
life began to take a change. Yeah, it adds a
layer of tragedy to this awful injustice because it impacted
(04:10):
you in your family, but also the opportunities that you
were providing for people who really needed those opportunities. Let's
go back to the case itself, so that nine fifteen,
on January ten, two thousand and nine, the Philadelphia Police
responded to a report of a home invasion in the
Cobbs Creek neighborhood of West Philadelphia. Now, three women were
(04:31):
in the house, and they said that a man knocked
on the door pretending to be a pizza delivery guy.
He and another man forced their way in at gunpoint.
But here's where it gets really weird, right. They asked
one of the women where her boyfriend was. She said
she didn't know, and soon they left without taking anything,
sort of apologetically, from what I understand, they were like,
you know, sorry, we bothered you type of thing I mean.
And in the end, nobody was hurt and nothing was stolen. Okay,
(04:56):
very unusual set of circumstances here. So then the police
approached the so they saw two guys running away, and
they arrested two guys, a guy named Sophie Fat and
Jesse Higgins. They recovered a bandanna and a gun holster
from Higgins at a tourist revolver from an alley where
Higgins was found running. The women identified both of the
guys as the home invaders and said that during the invasion,
(05:17):
this is an important point, Higgins had perceived a call
and turned to Fat and said let's go right before
they left. Especially, they're both charged with Berkeley conspiracy to
permit Berkeley. So one of the women said there was
a third person, a black man in his twenties, about
six ft tall, with the tan jack and jeans, who
got away. Now, she told the least that one of
the other women might have known this man, implying that
(05:39):
the home invasion had been a set up. Sophie Fat
made a statement to Detective John Drewting on January eleven
that he didn't know who this third man was, besides
that his nickname was Rome. So, Jerome, did you match
the description of that person in any meaningful way. No, no, no, no,
I'm about twice that age number at that particular time,
(06:00):
mid forties. My built. Everything was totally opposite. Nothing about
her description match me. And we know that to be
true because afterwards, a year or so later, when my
picture was given to all the victims, they all said
they could not identify me, that they didn't know who
I was. Sophie Fat, in his original statement, he never
(06:24):
said that there was three people that came in the house.
He said that it was another person that was involved
in the planning, and that this person came to the
house but never came in the house. Sophie Fat also
stated that he was upstairs and he came downstairs and
(06:45):
that's when the second person, Jesse, said we have to go.
Sophie Fat never claimed in his first statement that he
heard a phone call. He's seen a phone call, none
of that. And Jesse of versus Jesse Higgins, who was
Sophie Fats co defendant, and in October that year it
had been ten months since the crime, Sophie Fat made
(07:08):
a deal with prosecutors. And this happens again and again
where people receive almost an offer they can't refuse and
exchange for implicating basically anybody else. So in this new statement,
Fat now said that you, Jerome, were involved in the
invasion and were the person he had previously identified as Rome.
He said that you persuaded him to commit the home
(07:30):
invasion to pay off a debt, and that you had
been there during the robbery, had given Fat, who posed
as a pizza deliver, or a gun, and had texted
Higgins during the crime. So what do you think caused
him to finger you? I mean, other than the obvious,
which was that he had to pick someone out if
he wanted to take some of the heat off of himself. Well,
(07:50):
I don't know what was in fats mine, but what
I do know is that Fat came under a lot
of pressure from the police officers. They was threatening with deportation,
they was threatening with fifty years, all types of stuff.
And yeah, it's sad because you're a guy who had
given Fat an opportunity working in your barbershop. So it's
(08:11):
almost like a Shakespearean twist to this whole thing for
him to come forward and implicate you. So this crazy
case began under the District Attorney Lynn Abraham, who was
wrapping up a very checkered twenty year tenure, to say
the least. But her successor was the newly elected Seth Williams,
and when he picked up this case, he decided to
(08:34):
make it an example of how tough on crime he was.
And so jero on December nineteen nine, you were charged
with forty two counts related to the incident, including two
counts of robbery and single counts of criminal conspiracy, burglary,
fALS of prisonent, terroristic threats, had attempted theft, but neither
fat nor Higgins had been charged with the majority of
(08:54):
these alleged crimes, and then you were arrested January four,
two thousand ten. That but here's the thing. We haven't
even scratched the surface on this insanity, because what adds
another huge layer to all of this is your alibi.
Your airtight alibi. I mean, in the world of alibis,
(09:16):
yours was truly top tier. If someone can get convicted
with an alibi like yours, then nobody is saved from this.
So tell us what you were doing at exactly the
time that this crazy situation was unfolding, At the time
that this whole thing was unfolding. I was performing and
a play called Clean Up Your Own Mess. It was
a church play and it had two viewings. What doing
(09:40):
the afternoon? And what do you want to even the time?
I'm one of the league characters in this play. You know, billboards,
paste ubs, everything showing that I'm at this play and
why was that this play? This crown was going on?
So how many people were there? You know, we look
a at over a hundred people, so that was there
(10:03):
at display. So again, there's not too many cases I've
ever heard of where you have over a hundred alibi witnesses. Now,
your first attorney didn't even investigate the alibi, right, which
would not be a difficult alibi to investigate. I mean,
you throw a stick out there and you'd hit one
of the witnesses, so you replaced her, and the new
(10:26):
attorney said he would investigate it and presented a trial.
But as the case approached the time of trial, that
attorney told you and your family that he couldn't present
his alibi defense because the first attorney failed to give
adequate notice to the court. I mean, it's just unbelievable.
(10:47):
But there you were heading into your trial and there's
yet another statement from Sophie Fat please tell us about that.
So once he gave his statement, a month later he
gave another state man and guess what. It exonerated me
everything before I even go to trial, Before anything happens,
(11:07):
he said, Hey, hold up a lot. This man never
had nothing to do with this case. I made it
up because I was trying to get a better deal.
And so when we go to trial, he takes the
stand and he told them over after he was badged
by the d A, he said, listen, this man he
had nothing to do with this case a lie, and
(11:27):
they didn't want to believe that. They went so far
as to say that I may have gotten somebody to
get at hell. Well, that didn't work because he wind
up saying, hey, I'm the leader of an Asian game
and I'm not afraid of none of this. He hasn't
been threatened, that no one has been approached. They didn't
(11:48):
want to believe that. So two of the women testified
and didn't identify you, Fat game clean and said that
you had nothing to do with this, that he had
(12:09):
lied previously because he was threatened with deportation. And then Higgins,
who pleaded guilty, didn't testify at all. So the prosecutors
had basically nothing to go on at this point, so
they had to make up something, right, and that's where
these phantom phone records come in. We've been doing this
show for over five years, two hundred and fifty episodes
or whatever. I don't think i've ever heard this one.
(12:31):
Just follow along with me for a second here. Okay,
So prosecutors used phone records to try to show that
you were involved, right, What they actually showed was that
you weren't involved. The original records they suppeeded in two
thousand nine were almost completely exculpatory for you. Higgins' phone
showed no local calls at all on the day of
the crime, so that blows it up right there. Then
(12:53):
the police assumed that the records were wrong, so they
weren't introduced into evidence. Let me just say that again.
Police assumed that the records, which weren't wrong, because they
couldn't have been wrong, we're wrong. Then they used a
digital tool called a Universal Forensic Extraction Device to get
records directly from the phone. But this also showed no
calls or text between Taggin's and you on the day
(13:16):
of the crime. So okay, again should be case closed,
but nope. So this is where Detective Christopher Tank Kello
Wis ended up going into Higgins's phone and looking at
the call log. Now a trial, he testified as an
expert in digital forensics, said that he quote manually extracted
twenty five calls between the phone allegedly belonged to Higgins
(13:39):
and a phone registered to Loach, his wife. He manually extracted,
but I'm trying to figure out what that means. He
also said he found at text from the Loach phone
to the Higgins phone, made a few hours before the
home invasion, and this info was contained in a quote
unquote supplemental report that Detective Tank Hello Wicks attached to
the u f e D report. So, I mean, Jerome,
(14:02):
what the hell man? This here? It pains me to
talk about it a lot of times. Essentially, what happened
was that because the young lady said that there was
a phone call, they needed something to corroborate that. They
then got Sophie Fat and then instead of Sophie Fat
saying that it was a phone call, he slips and
(14:25):
say that it was a text message and its own
record now has that never came out? I probably still
would be during fifty years in prison. Detective John Judy,
he was the lead detective in this case and he
was the one who obtained the phone records a year
(14:46):
before I even got arrested Sophie Fat and Mr Higgins
was already convicted a year before me. And so Judy
goes on the stamp. He's talking insane things about the
phone records. So we had to get when he said
them and compared to what he's saying a year later now.
(15:08):
And so when he got the phone records back then,
he said that there was no local phone calls on
Mr Higgins phone records. He then looked at Sophie Fat
phone records and there was again no phone calls between us,
so that was a problem. He then turned around and
(15:32):
he got with a detective named Christopher Tank Colorist. He
was a detective who moonlighted as an expert in forensics. Mr.
Tank Colors had the phone records from A T and
T and Sprint. Both of these phone companies basically said
(15:53):
there is no phone calls during this time period. That
equates it's the lochest phone to these phones. Not not
only that the phone company said this phone itself do
not have the capabilities to make texts, but they withheld
(16:14):
all of that. Tank Kelli was said, let's use a
universal for hisic distraction device. This is the device that
FBI and everybody else uses to extract information from phones
and computers. And he plugged that into the phone and
in two minutes it extracted no phone calls. And this
is what thank Kelly was testified to after the report
(16:38):
that none of this stuff was in that phone. He
then picked up the phone a day two days later,
and miraculously he sees twenty five phone calls and a
text message all around the time of this crown. So
he saw twenty five calls that A T and T
had in controvertial evidence never happened, and a text match.
(17:00):
Since then A T and T said the phone was
incapable of sending I mean, this is this is really
dark stuff. And it gets crazier because we say Higgins phone,
well that was a lie. It wasn't even his phone.
Sprint wind up sending records saying that Higgins never owned
the phone, that this phone that they're looking at belongs
(17:22):
to someone else, and they misrepresented the facts, They concealed
the evidence, you know, and they made it all appeared
to be something that it wasn't. Sprint records came back
and said those was no calls. A T and T said,
those wasn't calls. A T and T said that phone
(17:45):
can't even text. But that's where when you say manually extract,
that sounds real technical. But all he did was picked
the phone up and looked at it, a phone that
supposedly been sitting in evidence for over a year. So
you're saying that every other police officer or detective before
(18:10):
tank calibers who had that phone looked at this phone
and they didn't see none of this because Detective Drudi
said that in order for him to get the phone
number from that phone, he had to turn it all
and look through the phone, and he said he could
not find nothing in the phone. That's because there was
(18:32):
nothing in the phone. And it still gets crazier from
here because the police also had Mr Fat's phone records,
which showed a call at and nine oh seven to
the phone registered to your wife, right, because he was
somebody who worked for you and you knew him, right.
But equally important, the phone continued to be used after
fats arrest at nine pm on January ten, two thousand nine.
(18:52):
So Detective Druling testified the Fat would have had his
phone confiscated upon arrest. Of course he would, and he
was unable to explain these additional calls. That's crazy. So
the prosecutor closed by referencing the text from you to
Higgins and said that the phone records showed a coordinated
effort by the three of you. Loach, Fatten Higgins. He said, quote,
at nine oh seven pm, the robbery is underway. Sophie
(19:15):
Fat is in the middle of this robbery. Who does
he call? He calls the defendant. Why would he do that?
Ladies and gentlemen, There were twenty five phone calls that day. Now,
I don't know about you, but I can't remember the
last time I called someone times in a day. The
only way that's happening, something very important must be happening.
Think about it's something in your life. You know, a baby,
you know a job promotion, You get on the phone,
(19:35):
you keep calling people. Well, this robbery is important. It's
important to the defendant, it's important to Fat and Higgins.
End quote. What a steaming pile of bullshit that is.
Oh my god, that's the quote from the closing argument,
what is wrong with these people? So during the liberations,
jurors asked to review the cell phone records for Higgins.
(19:56):
Prosecutors told the judge that they didn't have the actual
record us to supplemental report. So they withheld the real records,
they substituted this quote unquote supplemental report, and that was
what was given to the jurors. I actually feel sick
for the jurors because they were sitting there having no
ability to make a decision based on facts. You absolutely
(20:18):
hit it on the nail. I do not funk the jury.
They only go on with it's in it before them,
and the jury acts three times, we want to see
those phone records from Sprint. And that's when the DA said, Yaha,
we don't have those, and the judgs was kind of
like taking it back, like, huh, well was we're using
(20:39):
during the trial. He said, oh, that was a report
that was prepared by the detective. And the judge said, well,
they don't want to see that. They want to see
the actual phone records. And so they asked the jury, listen,
we don't have the phone records. Do y'all want to
see the report? That's the only thing we have, and
the jury took this and they convicted me. I do
(21:00):
not fut the jury for what they did because they
only went on what was besent it before them. So
the jury convicted you of criminal conspiracy on eleven, but
it quitted you on all the other charges. So that
moment when the jury came back in, I mean, you
had seen what these people were capable of, and you've
been through a lot of insanity already. Did you still
(21:23):
hold out hope that you were going to be exonerated
and the truth would come out? And what was it
like to find out that you were going to prison
for fifty years? I honestly believe I was gonna be
exonerated because I knew I was innocent. But when that
body came back, it took everything out of me. And
the only way that I can explain it, and my
soul was strict. When they gave me fifty years, I
(21:48):
couldn't believe this. I said, I know my life ain't
going and like this is y'all kidning me? Like wake
me up? Is this a nightmare? M I went in
(22:12):
fighting because I said, if I'm gonna die in here,
I'm gonna die fighting and twice my life almost came
to it, and while being in prison, the psychological and
physical torture that I experienced while being incarcerated, I am
subjected to being in the cell by myself because the
(22:32):
psychological issues that I have been dealing with, PTSD and
things of that nature. And one day I felt out
and myself out completely nine ten o'clock at night, I
have to be rushed to the hospital. Outside hospital in
which I stayed for a few days, my blood pressure
shot to the roof I could recall. The doctor said,
(22:53):
why is your blood pressure so high? I said, why
did you all confict me? That's why my blood pressure
so high. And so another incident is when I couldn't
walk no more than a hunted feet before I will
pass out, and no one could understand why. I wind
up being admitted to the hospital for a couple of weeks.
This time I wind up learning that I have a
(23:16):
severe case of a needing. So now I have to
take medication for the rest of my life to help
me throughout the day. And so all these things that
I have been experienced with distress and the loss of
loved ones and things of this nature like it just
tormented me beyond torment. I can't describe it, and I
don't wish this on my worstest enemy. What they've done
(23:39):
to me, you know, I can't even imagine. But during
this time, you're also pursuing your claims of innocence, and
Michael Polegy began representing you after you had filed pro
say emotions, and I know you had appealed the conviction
arguing that a potential juror had been dismissed due to
his race, that that's out of court statement was too
unreliable to be admitted. And it sounds like he became
a pretty good lawyer in pretty in yourself and in
(24:01):
fact you went so far, and I loved this part
of the story too. Send a subpoena to Higgins Phone
Company Sprint, including one way you referred to yourself as
the law office of Jerome Logan. I love that. Yes,
that's how the phone records began to unravel. What I
did was I had the love of my family still
(24:23):
out here in society still to this day, and my
brother went down to city Hall and for five hours
he got me some subpoenas from the courthouse and sent
them back up to the prison and I filled those
subpoenas out and I subpoened the phone company. Well, they
thought I was working with the d a's office, and
(24:47):
they wind up sending me the phone records saying that
Mr Higgins doesn't have a phone registered to them. That
blew my mind because all through my trial transcripts, that's
all they talked about is that the police subpoened Mr
higgins phone records. So I said, well, hold on, if
(25:09):
they don't have no phone records for Mr Higgins, then
who is these phone records? So then I had to
do another subpoena, and this time I subpoena the name
that was used for this phone, and they wind up
coming back to a female and I said, wow, they
had this and they didn't tell me. And that's when
(25:29):
I started learning about the twenty five phone calls that
never existed, the text messages that never existed. It like,
everything begin to unravel from that point. So they were
making up calls from a phone that didn't exist. I mean,
the layers of misconduct is the word I'm going to use,
(25:50):
but it's stronger than that. And what eventually happened is
that after all of this stuff came to light. Prosecutors
trying to push back, They said that You're claims were speculative,
but the state said it would not oppose an evidentially
hearing about whether the trial attorney was ineffective for failing
to secure the testimony of alibi witnesses. The little victory there.
(26:11):
At the hearing, your lawyer Pellegie presented evidence of your
incredibly powerful alibi, including the playbill that mentioned your role
in the production that was distributed to the hundred plus
people who attended the show with the church, So there
was literally a zero percent chance you could have been
in both places at the same time. And so on
July twenty, Judge Tracy roman brandis vacated your conviction in
(26:35):
order the new trial. She said that your attorneys had
been effective and that the state had engaged in misconduct
by failing to disclosed accurate phone records. So this is
not me saying that this is The judge and prosecutors
with the d a's Conviction Integrity Unit under the Great
Larry Krashner, agreed that there were problems with the conviction,
but they still didn't want to dismiss the case. Yet
(26:55):
they offered you a deal to plead guilty to reduce
charge and become eligible for parole. Now I know you
turned it down, but did you even give it a
second thought. That's a hard decision to make, right. Well,
my lawyer, he fought with me. You know, he was
very concerned about me just getting out like not during
the fifty years. And he was doing what any lawyer
(27:18):
would do and say, hey, listen, this may be a
good one. We can roll the dice and things can
have bad luck again. I didn't think twice, because if
you're gonna convict me, then you're gonna have to do
this again because I didn't do this and I'm ready
to prove my innocence. I think that he saw that
and he was convinced, and he gave me his full
(27:42):
support and said, well, let's move forward. And we moved forward.
The judge came back and said there was a constitutional
violation in this man's case. There was a serious, egregious,
brainy valuation y'all withheld these records, and not only that
this man had a want to fight alibi defense who
(28:03):
that sent me to the moon. The main thing that
I think that was so telling was how the judge
came back with the Brady claim in the violation of
the constitutional right, that this was an unfair trial, that
they conceal those phone records, that they misrepresented those records.
(28:26):
I think that she really gave me what I would
consider justice. Well, listen, it's a beautiful ending to a
truly miserable story. And of course, on June, almost a
year later, the state of Pennsylvania dismissed the charges, stating
that the prosecutors had admitted that they had insufficient evidence
(28:48):
to move forward with a retrial. You had already been
released on house arrestence the judge's decision. But now you're
a freeman. And on July you follow the lawsuit against
the City of Field the fire as well as against
Detective te Heloits and Detective Drooting in the U. S.
District Court seeking compensation for your wrongful conviction. And Jerome,
(29:09):
let's talk about that, because to this date you've received
exactly zero dollars in compensation. Is that right? Yes? I
have you see no conversation whisoever they kicked me out
the prison and said and you is yea out of
here at the decade or more, being incarcerated, losing all
(29:30):
my finances, lost property things of that nature. And now
my family has looked together go fund me to help
me try to rebuild my life. And so the only
thing now that I have gone for me to help
me at this particular time, it's a go fund Me
page that people, if they want, they can support me.
(29:50):
So we're gonna have the go fund Me linked in
our episode bio. Please take a moment right now, don't wait.
If you got anything you can spare that would help
a lot to how to make it through the next
phase before Jerome hopefully wins this civil trial. But that's
not a certainty. So please go to the blink of
our bio, click on the go fund Me and join
me and our team and donating to help Jerome and
(30:12):
his family. So listen, you're a strong man, and I
know you're a great example of the power of human redemption.
You're a courageous guy. And I know I speak for
our audience and our whole team here at Rotha Conviction
when I say that you have all of my respect
for standing strong and for being here with us today
and sharing your story so eloquently and powerfully. So now
(30:37):
we have the closing of the show, which is my
favorite part of the show and everybody knows it by now,
and the reason is because it's called closing arguments and
it works like this. I thank you again for being
here and sharing your story, and then I'm gonna turn
my microphone off, kick back in my chair with my
headphones on, and leave your mic on so you can
share with us any other thoughts you have about out
(31:00):
whatever else you want to talk about. I would like
to take this opportunity of once again thank you all
for Conviction Podcast for allowing me this opportunity to come
before this audience. One of the things that I will
hope that anyone who's listening who begin to do is
focusing on phone records. Phone records is so very important
(31:26):
and if you don't understand how this goes, you need
to start learning about phone records. They can be manipulated,
they can be altered changed. You got to make sure
that when going in that court room when a d
A or your lawyer or whoever it is, talk about
(31:49):
phone records, they have to authenticate those phone records. Make
sure that those phone records are accurate and it's not
at the poor being disguised as phone records. There's a
big distinction with certification of phone records coming directly from
(32:09):
the phone company and those records that are being developed
and created by detectives or officers who are moonlighting as
expert witnesses. They still may have a thank you and
God bless thank you for listening to Wrongful Conviction. I'd
(32:36):
like to thank our production team Connor Hall, Justin Golden,
Jeff Claverne, and Kevin Mortis, with research by Lila Robinson.
The music in this production was supplied by three time
OSCAR nominated composer Jay Ralph. Be sure to follow us
on Instagram at Wrongful Conviction, on Facebook at Wrongful Conviction podcast,
and on Twitter at wrong Conviction, as well as at
(32:58):
Lava for Good. On all three platforms, you can also
follow me on both TikTok and Instagram at its. Jason
flam Raval Conviction is the production of Lava for Good
Podcasts in association with Signal Company Number one
On the night of January ten, two thousand nine, forty
three year old Jerome Loach was performing as one of
the leads in a church play in South Philadelphia. At
the same time, police were responding to a home invasion
in West Philadelphia in which two men forced themselves into
a home at gunpoint, confronting three women. Nothing was stolen
and no one was hurt. As police arrived, they saw
(00:24):
two men running away and arrested Sophie pat and Jesse Higgins.
One of the victims stated that there was a third
man in Bob that In Vat's original statement, he said
that he didn't know the person, but under threat of
deportation and other charges by investigators, Fat changed his story
to say that the third man was his employer at
a barbershop, Jerome Loach. Jerome was arrested and charged with
(00:46):
forty two counts, but prior to trial, Bat recanted his identification,
citing pressure from investigators. Despite this, the prosecution read Bat's
prior statement to the jury in light of the actual
exculpatory phone records. An investigator misled the jury with fabricated
phone records to tie Jerome into the crime. When the
(01:07):
defense failed to present Jerome's alibi or to expose the
fake phone records. Jerome was convicted and sentenced to fifty years.
Jerome was able to win an evidentury hearing in which
he was able to present his alibi and expose the
fraudulent phone records, proving both ineffective assistance of counsel and
prosecutorial misconduct, ultimately setting himself free after a decade in prison.
(01:33):
This is wrongful conviction. Welcome back to wrongful Conviction. I'm
your host, Jason Flom. Today's episode would actually be better
as a comedy if it wasn't so incredibly sinister and
(01:56):
if the consequences were it's so terror of this ridiculous
frame job. And when I say that, I'm talking about
Jerome Loach. So, Jerome, first of all, welcome to wrong
for Conviction. I'm sorry you're here, but I'm happy you're here.
Thank you and the audience for allowing me to come
before y'all and share my story. So, Jerome, you grew
(02:19):
up in Philadelphia, Is that right? Yes? Phil Listen, what
was your life like growing up and what were your
interactions with law enforcement before this crazy day? Essentially, I
grew up in a single parent household. My father passed
away when I was about ten years old. That left
my mother to raise six children. I took to the
(02:40):
streets at a every young age, I wind up getting
caught up in little nick knack crimes, nothing serious, but
just getting caught up with the wrong crowd. All my
other siblings they want to growing up to become successful entrepreneurs, ministers.
My brother he went on his served twenty five years
(03:01):
in the army, and so I was the only one
that made that wrong turn. I was young at the time.
I served my time, and during my incarceration, I went
to the University of Pittsburgh, went to college. I wind
up getting a couple of trades. One of the main
trade was in barbering, and I wind up getting my license.
I transformed that and wind up getting my manager's license,
(03:25):
And so when I come back home, I wind up
getting into real estate and opening up a barbershop. Once
I opened up the barbershop, I felt the need to
want to give back, and so those individuals that was
returning home, ex offenders and things to that nature, who
had their barber license, I would hire them at my barbershop,
you know, give them like a second chance, like I
(03:47):
got a second chance to try to get their life
in order. And in doing this, one individual that I
wind up hiring was an individual by the name of
Sophie fat And this is how this story and my
life began to take a change. Yeah, it adds a
layer of tragedy to this awful injustice because it impacted
(04:10):
you in your family, but also the opportunities that you
were providing for people who really needed those opportunities. Let's
go back to the case itself, so that nine fifteen,
on January ten, two thousand and nine, the Philadelphia Police
responded to a report of a home invasion in the
Cobbs Creek neighborhood of West Philadelphia. Now, three women were
(04:31):
in the house, and they said that a man knocked
on the door pretending to be a pizza delivery guy.
He and another man forced their way in at gunpoint.
But here's where it gets really weird, right. They asked
one of the women where her boyfriend was. She said
she didn't know, and soon they left without taking anything,
sort of apologetically, from what I understand, they were like,
you know, sorry, we bothered you type of thing I mean.
And in the end, nobody was hurt and nothing was stolen. Okay,
(04:56):
very unusual set of circumstances here. So then the police
approached the so they saw two guys running away, and
they arrested two guys, a guy named Sophie Fat and
Jesse Higgins. They recovered a bandanna and a gun holster
from Higgins at a tourist revolver from an alley where
Higgins was found running. The women identified both of the
guys as the home invaders and said that during the invasion,
(05:17):
this is an important point, Higgins had perceived a call
and turned to Fat and said let's go right before
they left. Especially, they're both charged with Berkeley conspiracy to
permit Berkeley. So one of the women said there was
a third person, a black man in his twenties, about
six ft tall, with the tan jack and jeans, who
got away. Now, she told the least that one of
the other women might have known this man, implying that
(05:39):
the home invasion had been a set up. Sophie Fat
made a statement to Detective John Drewting on January eleven
that he didn't know who this third man was, besides
that his nickname was Rome. So, Jerome, did you match
the description of that person in any meaningful way. No, no, no, no,
I'm about twice that age number at that particular time,
(06:00):
mid forties. My built. Everything was totally opposite. Nothing about
her description match me. And we know that to be
true because afterwards, a year or so later, when my
picture was given to all the victims, they all said
they could not identify me, that they didn't know who
I was. Sophie Fat, in his original statement, he never
(06:24):
said that there was three people that came in the house.
He said that it was another person that was involved
in the planning, and that this person came to the
house but never came in the house. Sophie Fat also
stated that he was upstairs and he came downstairs and
(06:45):
that's when the second person, Jesse, said we have to go.
Sophie Fat never claimed in his first statement that he
heard a phone call. He's seen a phone call, none
of that. And Jesse of versus Jesse Higgins, who was
Sophie Fats co defendant, and in October that year it
had been ten months since the crime, Sophie Fat made
(07:08):
a deal with prosecutors. And this happens again and again
where people receive almost an offer they can't refuse and
exchange for implicating basically anybody else. So in this new statement,
Fat now said that you, Jerome, were involved in the
invasion and were the person he had previously identified as Rome.
He said that you persuaded him to commit the home
(07:30):
invasion to pay off a debt, and that you had
been there during the robbery, had given Fat, who posed
as a pizza deliver, or a gun, and had texted
Higgins during the crime. So what do you think caused
him to finger you? I mean, other than the obvious,
which was that he had to pick someone out if
he wanted to take some of the heat off of himself. Well,
(07:50):
I don't know what was in fats mine, but what
I do know is that Fat came under a lot
of pressure from the police officers. They was threatening with deportation,
they was threatening with fifty years, all types of stuff.
And yeah, it's sad because you're a guy who had
given Fat an opportunity working in your barbershop. So it's
(08:11):
almost like a Shakespearean twist to this whole thing for
him to come forward and implicate you. So this crazy
case began under the District Attorney Lynn Abraham, who was
wrapping up a very checkered twenty year tenure, to say
the least. But her successor was the newly elected Seth Williams,
and when he picked up this case, he decided to
(08:34):
make it an example of how tough on crime he was.
And so jero on December nineteen nine, you were charged
with forty two counts related to the incident, including two
counts of robbery and single counts of criminal conspiracy, burglary,
fALS of prisonent, terroristic threats, had attempted theft, but neither
fat nor Higgins had been charged with the majority of
(08:54):
these alleged crimes, and then you were arrested January four,
two thousand ten. That but here's the thing. We haven't
even scratched the surface on this insanity, because what adds
another huge layer to all of this is your alibi.
Your airtight alibi. I mean, in the world of alibis,
(09:16):
yours was truly top tier. If someone can get convicted
with an alibi like yours, then nobody is saved from this.
So tell us what you were doing at exactly the
time that this crazy situation was unfolding, At the time
that this whole thing was unfolding. I was performing and
a play called Clean Up Your Own Mess. It was
a church play and it had two viewings. What doing
(09:40):
the afternoon? And what do you want to even the time?
I'm one of the league characters in this play. You know, billboards,
paste ubs, everything showing that I'm at this play and
why was that this play? This crown was going on?
So how many people were there? You know, we look
a at over a hundred people, so that was there
(10:03):
at display. So again, there's not too many cases I've
ever heard of where you have over a hundred alibi witnesses. Now,
your first attorney didn't even investigate the alibi, right, which
would not be a difficult alibi to investigate. I mean,
you throw a stick out there and you'd hit one
of the witnesses, so you replaced her, and the new
(10:26):
attorney said he would investigate it and presented a trial.
But as the case approached the time of trial, that
attorney told you and your family that he couldn't present
his alibi defense because the first attorney failed to give
adequate notice to the court. I mean, it's just unbelievable.
(10:47):
But there you were heading into your trial and there's
yet another statement from Sophie Fat please tell us about that.
So once he gave his statement, a month later he
gave another state man and guess what. It exonerated me
everything before I even go to trial, Before anything happens,
(11:07):
he said, Hey, hold up a lot. This man never
had nothing to do with this case. I made it
up because I was trying to get a better deal.
And so when we go to trial, he takes the
stand and he told them over after he was badged
by the d A, he said, listen, this man he
had nothing to do with this case a lie, and
(11:27):
they didn't want to believe that. They went so far
as to say that I may have gotten somebody to
get at hell. Well, that didn't work because he wind
up saying, hey, I'm the leader of an Asian game
and I'm not afraid of none of this. He hasn't
been threatened, that no one has been approached. They didn't
(11:48):
want to believe that. So two of the women testified
and didn't identify you, Fat game clean and said that
you had nothing to do with this, that he had
(12:09):
lied previously because he was threatened with deportation. And then Higgins,
who pleaded guilty, didn't testify at all. So the prosecutors
had basically nothing to go on at this point, so
they had to make up something, right, and that's where
these phantom phone records come in. We've been doing this
show for over five years, two hundred and fifty episodes
or whatever. I don't think i've ever heard this one.
(12:31):
Just follow along with me for a second here. Okay,
So prosecutors used phone records to try to show that
you were involved, right, What they actually showed was that
you weren't involved. The original records they suppeeded in two
thousand nine were almost completely exculpatory for you. Higgins' phone
showed no local calls at all on the day of
the crime, so that blows it up right there. Then
(12:53):
the police assumed that the records were wrong, so they
weren't introduced into evidence. Let me just say that again.
Police assumed that the records, which weren't wrong, because they
couldn't have been wrong, we're wrong. Then they used a
digital tool called a Universal Forensic Extraction Device to get
records directly from the phone. But this also showed no
calls or text between Taggin's and you on the day
(13:16):
of the crime. So okay, again should be case closed,
but nope. So this is where Detective Christopher Tank Kello
Wis ended up going into Higgins's phone and looking at
the call log. Now a trial, he testified as an
expert in digital forensics, said that he quote manually extracted
twenty five calls between the phone allegedly belonged to Higgins
(13:39):
and a phone registered to Loach, his wife. He manually extracted,
but I'm trying to figure out what that means. He
also said he found at text from the Loach phone
to the Higgins phone, made a few hours before the
home invasion, and this info was contained in a quote
unquote supplemental report that Detective Tank Hello Wicks attached to
the u f e D report. So, I mean, Jerome,
(14:02):
what the hell man? This here? It pains me to
talk about it a lot of times. Essentially, what happened
was that because the young lady said that there was
a phone call, they needed something to corroborate that. They
then got Sophie Fat and then instead of Sophie Fat
saying that it was a phone call, he slips and
(14:25):
say that it was a text message and its own
record now has that never came out? I probably still
would be during fifty years in prison. Detective John Judy,
he was the lead detective in this case and he
was the one who obtained the phone records a year
(14:46):
before I even got arrested Sophie Fat and Mr Higgins
was already convicted a year before me. And so Judy
goes on the stamp. He's talking insane things about the
phone records. So we had to get when he said
them and compared to what he's saying a year later now.
(15:08):
And so when he got the phone records back then,
he said that there was no local phone calls on
Mr Higgins phone records. He then looked at Sophie Fat
phone records and there was again no phone calls between us,
so that was a problem. He then turned around and
(15:32):
he got with a detective named Christopher Tank Colorist. He
was a detective who moonlighted as an expert in forensics. Mr.
Tank Colors had the phone records from A T and
T and Sprint. Both of these phone companies basically said
(15:53):
there is no phone calls during this time period. That
equates it's the lochest phone to these phones. Not not
only that the phone company said this phone itself do
not have the capabilities to make texts, but they withheld
(16:14):
all of that. Tank Kelli was said, let's use a
universal for hisic distraction device. This is the device that
FBI and everybody else uses to extract information from phones
and computers. And he plugged that into the phone and
in two minutes it extracted no phone calls. And this
is what thank Kelly was testified to after the report
(16:38):
that none of this stuff was in that phone. He
then picked up the phone a day two days later,
and miraculously he sees twenty five phone calls and a
text message all around the time of this crown. So
he saw twenty five calls that A T and T
had in controvertial evidence never happened, and a text match.
(17:00):
Since then A T and T said the phone was
incapable of sending I mean, this is this is really
dark stuff. And it gets crazier because we say Higgins phone,
well that was a lie. It wasn't even his phone.
Sprint wind up sending records saying that Higgins never owned
the phone, that this phone that they're looking at belongs
(17:22):
to someone else, and they misrepresented the facts, They concealed
the evidence, you know, and they made it all appeared
to be something that it wasn't. Sprint records came back
and said those was no calls. A T and T said,
those wasn't calls. A T and T said that phone
(17:45):
can't even text. But that's where when you say manually extract,
that sounds real technical. But all he did was picked
the phone up and looked at it, a phone that
supposedly been sitting in evidence for over a year. So
you're saying that every other police officer or detective before
(18:10):
tank calibers who had that phone looked at this phone
and they didn't see none of this because Detective Drudi
said that in order for him to get the phone
number from that phone, he had to turn it all
and look through the phone, and he said he could
not find nothing in the phone. That's because there was
(18:32):
nothing in the phone. And it still gets crazier from
here because the police also had Mr Fat's phone records,
which showed a call at and nine oh seven to
the phone registered to your wife, right, because he was
somebody who worked for you and you knew him, right.
But equally important, the phone continued to be used after
fats arrest at nine pm on January ten, two thousand nine.
(18:52):
So Detective Druling testified the Fat would have had his
phone confiscated upon arrest. Of course he would, and he
was unable to explain these additional calls. That's crazy. So
the prosecutor closed by referencing the text from you to
Higgins and said that the phone records showed a coordinated
effort by the three of you. Loach, Fatten Higgins. He said, quote,
at nine oh seven pm, the robbery is underway. Sophie
(19:15):
Fat is in the middle of this robbery. Who does
he call? He calls the defendant. Why would he do that?
Ladies and gentlemen, There were twenty five phone calls that day. Now,
I don't know about you, but I can't remember the
last time I called someone times in a day. The
only way that's happening, something very important must be happening.
Think about it's something in your life. You know, a baby,
you know a job promotion, You get on the phone,
(19:35):
you keep calling people. Well, this robbery is important. It's
important to the defendant, it's important to Fat and Higgins.
End quote. What a steaming pile of bullshit that is.
Oh my god, that's the quote from the closing argument,
what is wrong with these people? So during the liberations,
jurors asked to review the cell phone records for Higgins.
(19:56):
Prosecutors told the judge that they didn't have the actual
record us to supplemental report. So they withheld the real records,
they substituted this quote unquote supplemental report, and that was
what was given to the jurors. I actually feel sick
for the jurors because they were sitting there having no
ability to make a decision based on facts. You absolutely
(20:18):
hit it on the nail. I do not funk the jury.
They only go on with it's in it before them,
and the jury acts three times, we want to see
those phone records from Sprint. And that's when the DA said, Yaha,
we don't have those, and the judgs was kind of
like taking it back, like, huh, well was we're using
(20:39):
during the trial. He said, oh, that was a report
that was prepared by the detective. And the judge said, well,
they don't want to see that. They want to see
the actual phone records. And so they asked the jury, listen,
we don't have the phone records. Do y'all want to
see the report? That's the only thing we have, and
the jury took this and they convicted me. I do
(21:00):
not fut the jury for what they did because they
only went on what was besent it before them. So
the jury convicted you of criminal conspiracy on eleven, but
it quitted you on all the other charges. So that
moment when the jury came back in, I mean, you
had seen what these people were capable of, and you've
been through a lot of insanity already. Did you still
(21:23):
hold out hope that you were going to be exonerated
and the truth would come out? And what was it
like to find out that you were going to prison
for fifty years? I honestly believe I was gonna be
exonerated because I knew I was innocent. But when that
body came back, it took everything out of me. And
the only way that I can explain it, and my
soul was strict. When they gave me fifty years, I
(21:48):
couldn't believe this. I said, I know my life ain't
going and like this is y'all kidning me? Like wake
me up? Is this a nightmare? M I went in
(22:12):
fighting because I said, if I'm gonna die in here,
I'm gonna die fighting and twice my life almost came
to it, and while being in prison, the psychological and
physical torture that I experienced while being incarcerated, I am
subjected to being in the cell by myself because the
(22:32):
psychological issues that I have been dealing with, PTSD and
things of that nature. And one day I felt out
and myself out completely nine ten o'clock at night, I
have to be rushed to the hospital. Outside hospital in
which I stayed for a few days, my blood pressure
shot to the roof I could recall. The doctor said,
(22:53):
why is your blood pressure so high? I said, why
did you all confict me? That's why my blood pressure
so high. And so another incident is when I couldn't
walk no more than a hunted feet before I will
pass out, and no one could understand why. I wind
up being admitted to the hospital for a couple of weeks.
This time I wind up learning that I have a
(23:16):
severe case of a needing. So now I have to
take medication for the rest of my life to help
me throughout the day. And so all these things that
I have been experienced with distress and the loss of
loved ones and things of this nature like it just
tormented me beyond torment. I can't describe it, and I
don't wish this on my worstest enemy. What they've done
(23:39):
to me, you know, I can't even imagine. But during
this time, you're also pursuing your claims of innocence, and
Michael Polegy began representing you after you had filed pro
say emotions, and I know you had appealed the conviction
arguing that a potential juror had been dismissed due to
his race, that that's out of court statement was too
unreliable to be admitted. And it sounds like he became
a pretty good lawyer in pretty in yourself and in
(24:01):
fact you went so far, and I loved this part
of the story too. Send a subpoena to Higgins Phone
Company Sprint, including one way you referred to yourself as
the law office of Jerome Logan. I love that. Yes,
that's how the phone records began to unravel. What I
did was I had the love of my family still
(24:23):
out here in society still to this day, and my
brother went down to city Hall and for five hours
he got me some subpoenas from the courthouse and sent
them back up to the prison and I filled those
subpoenas out and I subpoened the phone company. Well, they
thought I was working with the d a's office, and
(24:47):
they wind up sending me the phone records saying that
Mr Higgins doesn't have a phone registered to them. That
blew my mind because all through my trial transcripts, that's
all they talked about is that the police subpoened Mr
higgins phone records. So I said, well, hold on, if
(25:09):
they don't have no phone records for Mr Higgins, then
who is these phone records? So then I had to
do another subpoena, and this time I subpoena the name
that was used for this phone, and they wind up
coming back to a female and I said, wow, they
had this and they didn't tell me. And that's when
(25:29):
I started learning about the twenty five phone calls that
never existed, the text messages that never existed. It like,
everything begin to unravel from that point. So they were
making up calls from a phone that didn't exist. I mean,
the layers of misconduct is the word I'm going to use,
(25:50):
but it's stronger than that. And what eventually happened is
that after all of this stuff came to light. Prosecutors
trying to push back, They said that You're claims were speculative,
but the state said it would not oppose an evidentially
hearing about whether the trial attorney was ineffective for failing
to secure the testimony of alibi witnesses. The little victory there.
(26:11):
At the hearing, your lawyer Pellegie presented evidence of your
incredibly powerful alibi, including the playbill that mentioned your role
in the production that was distributed to the hundred plus
people who attended the show with the church, So there
was literally a zero percent chance you could have been
in both places at the same time. And so on
July twenty, Judge Tracy roman brandis vacated your conviction in
(26:35):
order the new trial. She said that your attorneys had
been effective and that the state had engaged in misconduct
by failing to disclosed accurate phone records. So this is
not me saying that this is The judge and prosecutors
with the d a's Conviction Integrity Unit under the Great
Larry Krashner, agreed that there were problems with the conviction,
but they still didn't want to dismiss the case. Yet
(26:55):
they offered you a deal to plead guilty to reduce
charge and become eligible for parole. Now I know you
turned it down, but did you even give it a
second thought. That's a hard decision to make, right. Well,
my lawyer, he fought with me. You know, he was
very concerned about me just getting out like not during
the fifty years. And he was doing what any lawyer
(27:18):
would do and say, hey, listen, this may be a
good one. We can roll the dice and things can
have bad luck again. I didn't think twice, because if
you're gonna convict me, then you're gonna have to do
this again because I didn't do this and I'm ready
to prove my innocence. I think that he saw that
and he was convinced, and he gave me his full
(27:42):
support and said, well, let's move forward. And we moved forward.
The judge came back and said there was a constitutional
violation in this man's case. There was a serious, egregious,
brainy valuation y'all withheld these records, and not only that
this man had a want to fight alibi defense who
(28:03):
that sent me to the moon. The main thing that
I think that was so telling was how the judge
came back with the Brady claim in the violation of
the constitutional right, that this was an unfair trial, that
they conceal those phone records, that they misrepresented those records.
(28:26):
I think that she really gave me what I would
consider justice. Well, listen, it's a beautiful ending to a
truly miserable story. And of course, on June, almost a
year later, the state of Pennsylvania dismissed the charges, stating
that the prosecutors had admitted that they had insufficient evidence
(28:48):
to move forward with a retrial. You had already been
released on house arrestence the judge's decision. But now you're
a freeman. And on July you follow the lawsuit against
the City of Field the fire as well as against
Detective te Heloits and Detective Drooting in the U. S.
District Court seeking compensation for your wrongful conviction. And Jerome,
(29:09):
let's talk about that, because to this date you've received
exactly zero dollars in compensation. Is that right? Yes? I
have you see no conversation whisoever they kicked me out
the prison and said and you is yea out of
here at the decade or more, being incarcerated, losing all
(29:30):
my finances, lost property things of that nature. And now
my family has looked together go fund me to help
me try to rebuild my life. And so the only
thing now that I have gone for me to help
me at this particular time, it's a go fund Me
page that people, if they want, they can support me.
(29:50):
So we're gonna have the go fund Me linked in
our episode bio. Please take a moment right now, don't wait.
If you got anything you can spare that would help
a lot to how to make it through the next
phase before Jerome hopefully wins this civil trial. But that's
not a certainty. So please go to the blink of
our bio, click on the go fund Me and join
me and our team and donating to help Jerome and
(30:12):
his family. So listen, you're a strong man, and I
know you're a great example of the power of human redemption.
You're a courageous guy. And I know I speak for
our audience and our whole team here at Rotha Conviction
when I say that you have all of my respect
for standing strong and for being here with us today
and sharing your story so eloquently and powerfully. So now
(30:37):
we have the closing of the show, which is my
favorite part of the show and everybody knows it by now,
and the reason is because it's called closing arguments and
it works like this. I thank you again for being
here and sharing your story, and then I'm gonna turn
my microphone off, kick back in my chair with my
headphones on, and leave your mic on so you can
share with us any other thoughts you have about out
(31:00):
whatever else you want to talk about. I would like
to take this opportunity of once again thank you all
for Conviction Podcast for allowing me this opportunity to come
before this audience. One of the things that I will
hope that anyone who's listening who begin to do is
focusing on phone records. Phone records is so very important
(31:26):
and if you don't understand how this goes, you need
to start learning about phone records. They can be manipulated,
they can be altered changed. You got to make sure
that when going in that court room when a d
A or your lawyer or whoever it is, talk about
(31:49):
phone records, they have to authenticate those phone records. Make
sure that those phone records are accurate and it's not
at the poor being disguised as phone records. There's a
big distinction with certification of phone records coming directly from
(32:09):
the phone company and those records that are being developed
and created by detectives or officers who are moonlighting as
expert witnesses. They still may have a thank you and
God bless thank you for listening to Wrongful Conviction. I'd
(32:36):
like to thank our production team Connor Hall, Justin Golden,
Jeff Claverne, and Kevin Mortis, with research by Lila Robinson.
The music in this production was supplied by three time
OSCAR nominated composer Jay Ralph. Be sure to follow us
on Instagram at Wrongful Conviction, on Facebook at Wrongful Conviction podcast,
and on Twitter at wrong Conviction, as well as at
(32:58):
Lava for Good. On all three platforms, you can also
follow me on both TikTok and Instagram at its. Jason
flam Raval Conviction is the production of Lava for Good
Podcasts in association with Signal Company Number one
Hosts And Creators
Lauren Bright Pacheco
Maggie Freleng
Jason Flom
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