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April 29, 2024 16 mins

In the 1990s, Detective Louis N. Scarcella was legendary. In a city overrun by violent crime, he cracked the toughest cases and put away the worst criminals. “The Hulk” was his nickname.

Then the story changed. Scarcella ran into a group of convicted murderers (who all say they are innocent!) turned jailhouse-lawyers. In prison they realized Scarcella helped put many of them away. They set out to turn the tables on Scarcella while still in prison. And with the help of a NY Times reporter they would succeed.

Thirty years later, more than 20 people Scarcella helped put away have walked free. In the media he’s the “disgraced detective,” the rogue cop who hoodwinked an entire system. 

For years, Scarcella insisted he did nothing wrong. But that’s all he’d say. Until we tracked Scarcella to a sauna in a Russian bathhouse, where he started to talk..and talk and talk. “The guilty have gone free,” he whispered. And then agreed to take us into the belly of the beast ... where justice is done (and undone).

Welcome to The Burden.

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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:04):
Hey everyone, it's Jason Flamm. As you might have noticed,
we've begun dropping some clips of our favorite podcast into
the feed here that we feel are telling the most
important innocence and justice stories. So today we have a
special clip of a new investigative true crime podcast here.
He is called The Burden from Morbid Media. It tells
the story of a once celebrated NYPD detective named Luis

(00:29):
Scarcella who became embroiled in controversy by the innocent men
whom he helped wrongfully convict. The series follows the host,
Steve Fishman, who gains Garcella's trust, allowing us to listen
in from Scarcella's perspective as he continues to battle people
whom i'm regular users will recognize Derek Hamilton, Shabaka, Shaquur,

(00:52):
Nelson Cruz, all of whom banded together while still in
prison to fight their common enemy. The lucked and legal
heroes have helped to free over twenty more victims of
this same detective, Lewis Garcela, whose handiwork has cost New
York City over one hundred and fifty million dollars in counting.

(01:13):
So here's the clip. Don't forget to subscribe to the
Burden wherever you get your podcasts, and follow along as
this incredible story unfolds.

Speaker 2 (01:34):
Dax, this is the first story I ever heard Louis
Scarcella tell.

Speaker 3 (01:40):
The legendary New York detective tell me more so.

Speaker 2 (01:44):
Detective Scarcella is with his partner. It's lunchtime, and Detective
Scarcella and his partner decide that this is the moment
to track down a murder suspect. We talk right here,
right here, lo, and behold, a man six foot three

(02:04):
hundred pounds.

Speaker 3 (02:05):
Comes out of the house.

Speaker 2 (02:08):
I said, that's him.

Speaker 4 (02:09):
Wow.

Speaker 2 (02:10):
I run over him. I put the gun on him.

Speaker 5 (02:13):
He's got a sig sour in his waistband, all big
sig sur I jump on him.

Speaker 2 (02:19):
He's going for the gun. I put my glock to
his head and pulled the trigger.

Speaker 4 (02:25):
But the gun's no good.

Speaker 2 (02:26):
My gun's no good. I grab them and I knock
him to the ground. Do you ever imagine that clock
goes off? I mean I intended it too. I intended
it to one am. I supposed to kiss him. Welcome
to Louis Brooklyn, where bad guys were around every corner

(02:50):
and it was up to Detective Scarsella to protect the people.
They needed me, and I loved doing it. Louis heyday
was the eighties and nineties, and back then all New
Yorkers wanted law and order. Louis Garcela had movie star

(03:10):
good looks, smoked a cigar everywhere. He seemed like he
was the kind of tough cop the city needed.

Speaker 5 (03:17):
He was everybody's idea of the prince of the city.
He was the guy who solved the hardest cases and
made sure the worst killers were brought to justice.

Speaker 2 (03:34):
Louis Garcela was known as the closer, the one who
got the confession, and with that came fame. He was
on the Doctor Phil show No one knows the art
of getting confessions better than twenty nine year better in
New York City homicide detectives.

Speaker 3 (03:50):
And he earned the respect of his peers.

Speaker 4 (03:53):
Louis my god, he's you know, he's my friend, the
de Helibo cop Rate detective. He looks like shit.

Speaker 6 (04:04):
Now we'll all this shit.

Speaker 3 (04:05):
Steve the poor the poor guy that beat the balls
off of me.

Speaker 1 (04:09):
You know that's right.

Speaker 3 (04:12):
Years later, the Louis Scarcella story changed.

Speaker 4 (04:16):
The once decorated detective now stands accused of coaching witnesses,
coercing confessions, and trading drugs for testimonies.

Speaker 5 (04:23):
Garcela cracked numerous murder cases in the eighties and nineties,
but his techniques had been questioned, and a group of
convicted murders says, it all comes back to one rogue
official and they want their names clear.

Speaker 2 (04:35):
Oh yeah, I'm the devil and disgraced devil. Yeah yeah, Well,
what can I tell you? I'm Steve Fishman. I've lived
in New York a long time. I've been writing about
crime for a long time. Son of Sam Bernie Madoff.
They opened up to me when I heard these headlines

(04:58):
about Scarcella. I thought this cannot be the whole story.
Was this really about one rogue cop who what hoodwinked
an entire system?

Speaker 3 (05:10):
And I'm dak Stevlin Ross, journalist, author, lawyer. I've written
about criminal justice for years. I know what it's like
to be wrongfully arrested personally, and I'm interested in the
people who went to jail and maybe shouldn't have.

Speaker 2 (05:24):
We're gonna go deep. Is Louis a hero cop, a scapegoat,
or a super villain who helped put away more than
twenty innocent men, men who now want revenge.

Speaker 7 (05:46):
Stormcloud of common strate to you, you can't run for shelter.

Speaker 2 (05:54):
There's nohing you can do.

Speaker 8 (05:59):
From orbit media. Yeah, this is the burden today on
the show The Scoop.

Speaker 2 (06:19):
You gotta hold all the time.

Speaker 3 (06:41):
All right, Steve, where do we begin?

Speaker 2 (06:45):
We begin with the person who broke the Louis Scarcella
story long before you or I got involved. That's Francis Robless,
known to her New York Times colleagues as Frenchie.

Speaker 6 (06:57):
The Porto Rican grow known as Frenchie. I do not
speak French.

Speaker 2 (07:00):
Frenchie's from Queens, from an Italian neighborhood called Howard Beach.

Speaker 6 (07:05):
Howard Beach was a astoundingly racist place.

Speaker 2 (07:10):
And growing up there, it taught Frenchie to be fierce.

Speaker 6 (07:14):
My best friend in elementary school is Perto Rican, and
so this one kid was like, hey, ladarica Isy switch
Lane and my girlfriend Jenevieve and I we went to
his house in sixth grade. We rang the doorbell and
his mother answered the door. She was pregnant, her belly
out to wherever is Anthony home? And she's like ane.

(07:37):
So he comes and he's you know you could see
he's kind of looking at us rather suspiciously, like one
of the two Puerto Rican girls that I believe in
school doing at my door. And we beat the crap
out of him right there in front of his mother.

Speaker 3 (07:52):
Fast forward to twenty thirteen and Frenchie is at the
New York Times. She's itching for a good story, something
that will make us. One day, she's on a routine
assignment when she meets someone interesting.

Speaker 6 (08:06):
Was a guy named Derek Hamilton, who was an ex
con who had been kind of like a jailhouse lawyer,
and so we're just chatting and he says, oh, you know,
I know a lot of cases in Brooklyn of wrongful convictions.

Speaker 2 (08:20):
So Frenchie brings it to her editor and I'm.

Speaker 6 (08:23):
Like, oh, I have a tip. You know, there's a
lot of wrongfully convicted guys in Brooklyn, and I have
a good source. He was a jailhouse lawyer. And so
my editor says to me, well, what else do the
cases have in common? And I was so offended by
that question, Like I just thought it was such a
hoity toity New York Times view of journalism that I

(08:47):
couldn't just come up with a wrongful conviction. I had
to come up with what connects them? Go back to
my dask kind of grumbling under my breath, and I
called Derek and I'm like, all right, well, this editor
of mine wants to know what connects these cases. And

(09:09):
he goes, well, a lot of them are the same
cop and his name is Lewis Garsala.

Speaker 3 (09:21):
Derek Hamilton was out of prison but still connected to
people on the inside. He's a self taught lawyer, learned
the law behind bars, and he was still in the
prison grape vine.

Speaker 6 (09:33):
So I meet with Derek again. He told me kind
of loosey goosey stuff, like he said, oh that this
guy was notorious for using the same witness over and
over again. But he didn't know the names of the
defendants who had had the same witness testify against them.
And he did not know the name of the witness.

(09:54):
So I was like, oh, brother, you know, here I
am talking this up to my editor, like I'm some
hotshot who's going to crack this case open. And I
got nothing.

Speaker 2 (10:03):
So she went back to Derek. She needed the name
of that very talented witness, and that's when Derek gives
her a legal document. This was a document written by
one of his friends still in jail, another jailhouse lawyer.
It's called a four to forty motion, and it's what
you file if you're trying to get your conviction overturned.

Speaker 6 (10:26):
So he gives me Shabacca chaqueurs for forty.

Speaker 4 (10:32):
I probably rewrote that one hundred times because I wanted
to make sure that I was saying what I wanted
to say.

Speaker 3 (10:42):
This is Shabacca chacor. Scarcella helped convict Shabacca of a
double murder, which he says he didn't do. His four
to forty was impressive, sixty pages of legal argument written
while he was part of a prison law firm. That's right,
a law firm formed in prison and run by convicted murderers,
all of whom claimed innocence.

Speaker 2 (11:04):
So I called her.

Speaker 4 (11:05):
She was like, okay, you said, scar Sellers a crooked cop.
I read your brief. I said, listen. I gave a
list of names, a list of you know, people she
could talk to, information that would substantiate that he was
a crooked cop. And I remember telling her, like you
an investigative reporter, go and investigate.

Speaker 3 (11:28):
In that dense document, two pages focused on Louis Garcela.

Speaker 6 (11:33):
He says in this document something something Louis Garcella was
known to use the same witness over and over again,
a woman named Teresa Gomez. And I'm like, gee, you
know that's it. That's the name, that's that's what I've
been waiting for.

Speaker 2 (11:47):
So Frenchie has the name. Now she does what a
lot of us do when we're hunting for information. She googles.

Speaker 6 (11:56):
That's my big investigative reporting secret. And I got a hit,
and I'm like, well, this is curious. It was like
some random Google forum, a cigar smoker forum where somebody
has asked. I think the question on the forum was

(12:17):
when did you first smoke your first great cigar? This guy,
a man answers. The first cigar, which truly made me
realize how much I was going to enjoy cigars, was
smoked in nineteen eighty eight. The cigar was given to
me by a legendary detective of the Brooklyn North homicide
Squad named Louis Garcela. Lewis had been the detective on

(12:39):
the first two murder cases I prosecuted, both of which
featured the same witness testifying against the same defendant for
two different murders. The defendant was a dealer named Robert Hill.
The witness was named Teresa Gomez, a woman who was
even then ravaged from head to toe by the scourge
of crack cocaine. It was near falling to even think

(13:03):
that anyone would believe Gomez about anything, let alone the
fact that she witnessed the same guy kill two different people.
And the guy signs it and he's now a charge.

Speaker 2 (13:19):
She goes to prison unannounced to find Robert Hill. Frenchie
is waiting in the visitors room for Robert Hill.

Speaker 6 (13:35):
So this guy comes in and walks with a cane,
and he's kind of hunched over, and he has very
very long dreadlocks all down his back. And I see
him looking around the room like, who the heck is that?

Speaker 2 (13:49):
You know?

Speaker 6 (13:50):
But all right, fine, So he sits down and I'll
probably never forget this moment for the rest of my life.
I said to him, you know, my name is Francis
Roblans Order for the New York Times. I'm doing a
story on Teresa Gomez. And he just froze and his
eyes welled up with tears, and he said, I've been

(14:14):
telling people about Teresa Gomez for twenty five years and
I said, well, now somebody's listening. And he said to me,
is this going to mess up my parole? And I
remember I said something that you know, ethically I should
not have said, and I probably shouldn't even repeat that

(14:35):
I said, but I said it. I said, this isn't
going to mess up your parole. I said this is
going to get you exonerated. And I said something so
ridiculous because I believed it.

Speaker 3 (14:53):
Frenchy story breaks on May eleventh, twenty thirteen. The headline
reviewed you who have fifty Brooklyn murder cases ordered? The
story lays it all out how Teresa Gomez says she
witnessed six separate murders. Who sees six murders? Schabaka's friend Derek,

(15:14):
the one who said all of this in motion. At first,
he's pleased when he sees the article, but then he
gets angry. This is personal.

Speaker 2 (15:26):
I say, damn man, it's the same fuck of that
frame me.

Speaker 4 (15:31):
You see.

Speaker 3 (15:32):
Scarcella was the cop who arrested Derek for murder a
murder he insists he didn't do.

Speaker 2 (15:38):
You gotta understand something, man, this guy is a piece
of shit. But he gets to run around.

Speaker 8 (15:49):
Like he's God. We gotta get at this guy.

Speaker 4 (15:58):
We gotta attack. It's gonna sell it.

Speaker 5 (16:01):
If I did one nano gram, one nanogram.

Speaker 2 (16:07):
Of what they said I did, I would have killed myself.

Speaker 7 (16:16):
Strong crowd a comment commonstrate to you. You can't run
for shelter.

Speaker 3 (16:24):
There's nothing you can't do.

Speaker 2 (16:27):
You gotta hold old time.

Speaker 1 (16:30):
Go to

Speaker 2 (16:34):
This ble,
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