Episode Transcript
Transcripts are displayed as originally observed. Some content, including advertisements may have changed.
Use Ctrl + F to search
0:04
Hey everyone, it's Jason Flamm. As you might
0:07
have noticed, we've begun dropping some clips
0:09
of our favorite podcast into the feed here
0:12
that we feel are telling the most important
0:14
innocence and justice stories. So
0:17
today we have a special clip
0:19
of a new investigative true crime podcast here.
0:21
He is called The Burden from Morbid Media.
0:24
It tells the story of a once celebrated
0:27
NYPD detective named Luis Scarcella
0:30
who became embroiled in controversy
0:33
by the innocent men whom he
0:35
helped wrongfully convict. The
0:37
series follows the host, Steve Fishman,
0:39
who gains Garcella's trust, allowing
0:42
us to listen in from Scarcella's
0:44
perspective as he continues
0:46
to battle people whom i'm regular users
0:48
will recognize Derek Hamilton, Shabaka,
0:51
Shaquur, Nelson Cruz, all
0:54
of whom banded together while still
0:56
in prison to fight their common
0:58
enemy. The lucked and legal
1:00
heroes have helped to free over twenty
1:03
more victims of this same detective,
1:05
Lewis Garcela, whose handiwork
1:08
has cost New York City over
1:10
one hundred and fifty million dollars in
1:12
counting. So here's the clip. Don't
1:15
forget to subscribe to the Burden wherever
1:17
you get your podcasts, and follow
1:19
along as this incredible
1:21
story unfolds.
1:34
Dax, this is the first story
1:37
I ever heard Louis Scarcella tell.
1:40
The legendary New York detective
1:42
tell me more so.
1:44
Detective Scarcella is with his partner.
1:46
It's lunchtime, and Detective Scarcella
1:49
and his partner decide that
1:51
this is the moment to track down
1:54
a murder suspect. We
1:57
talk right here, right
1:59
here, lo, and
2:01
behold, a man six
2:04
foot three hundred pounds.
2:05
Comes out of the house.
2:08
I said, that's him.
2:09
Wow.
2:10
I run over him. I put the gun on him.
2:13
He's got a sig sour in his waistband,
2:16
all big sig sur I
2:18
jump on him.
2:19
He's going for the gun. I put my
2:21
glock to his head and pulled the trigger.
2:25
But the gun's no good.
2:26
My gun's no good. I grab
2:28
them and I knock him to the ground.
2:32
Do you ever imagine that clock goes off? I
2:35
mean I intended it too. I
2:37
intended it to one
2:39
am. I supposed to kiss him.
2:45
Welcome to Louis Brooklyn, where bad
2:47
guys were around every corner and
2:50
it was up to Detective Scarsella to
2:52
protect the people. They
2:55
needed me, and
2:58
I loved doing
3:00
it. Louis heyday was
3:02
the eighties and nineties, and back then all
3:05
New Yorkers wanted law and order.
3:09
Louis Garcela had movie star good looks,
3:11
smoked a cigar everywhere. He
3:13
seemed like he was the kind of tough cop
3:16
the city needed.
3:17
He was everybody's
3:19
idea of the
3:22
prince of the city. He was
3:24
the guy who solved the hardest
3:27
cases and made sure the
3:29
worst killers were brought to justice.
3:34
Louis Garcela was known as the closer,
3:37
the one who got the confession, and
3:39
with that came fame. He
3:42
was on the Doctor Phil show No one
3:44
knows the art of getting confessions better
3:46
than twenty nine year better in New York City
3:48
homicide detectives.
3:50
And he earned the respect of his peers.
3:53
Louis my god, he's you know, he's
3:55
my friend, the de Helibo cop Rate
3:58
detective. He
4:03
looks like shit.
4:04
Now we'll all this shit.
4:05
Steve the poor the poor
4:07
guy that beat the balls off of me.
4:09
You know that's right.
4:12
Years later, the Louis Scarcella
4:14
story changed.
4:16
The once decorated detective now stands
4:18
accused of coaching witnesses, coercing
4:21
confessions, and trading drugs for testimonies.
4:23
Garcela cracked numerous murder cases
4:26
in the eighties and nineties, but his techniques had
4:28
been questioned, and a group of convicted murders
4:30
says, it all comes back to one rogue official
4:33
and they want their names clear.
4:35
Oh yeah, I'm the
4:38
devil and disgraced
4:40
devil. Yeah yeah, Well,
4:43
what can I tell you? I'm
4:47
Steve Fishman. I've lived in New York
4:49
a long time. I've been writing about
4:51
crime for a long time. Son of Sam
4:53
Bernie Madoff. They opened
4:55
up to me when I heard these
4:58
headlines about Scarcella. I
5:00
thought this cannot be the whole
5:02
story. Was this really about
5:04
one rogue cop who what
5:06
hoodwinked an entire system?
5:10
And I'm dak Stevlin Ross, journalist,
5:12
author, lawyer. I've written about criminal
5:15
justice for years. I know
5:17
what it's like to be wrongfully arrested personally,
5:20
and I'm interested in the people who went to jail
5:22
and maybe shouldn't have.
5:24
We're gonna go deep. Is Louis
5:26
a hero cop, a scapegoat,
5:29
or a super villain who helped put
5:31
away more than twenty innocent men,
5:34
men who now want revenge.
5:46
Stormcloud of common
5:49
strate to you, you
5:51
can't run for shelter.
5:54
There's nohing you can do.
5:59
From orbit media. Yeah, this is
6:02
the burden today
6:10
on the show The Scoop.
6:19
You gotta hold all the time.
6:41
All right, Steve, where do we
6:43
begin?
6:45
We begin with the person who broke the Louis
6:47
Scarcella story long before
6:49
you or I got involved. That's
6:52
Francis Robless, known to her
6:54
New York Times colleagues as Frenchie.
6:57
The Porto Rican grow known as Frenchie. I do not speak
6:59
French.
7:00
Frenchie's from Queens, from an Italian
7:02
neighborhood called Howard Beach.
7:05
Howard Beach was a
7:08
astoundingly racist place.
7:10
And growing up there, it taught Frenchie
7:13
to be fierce.
7:14
My best friend in elementary school is Perto Rican, and
7:17
so this one kid was like, hey, ladarica
7:19
Isy switch Lane and
7:22
my girlfriend Jenevieve and I we
7:24
went to his house in
7:26
sixth grade. We rang the doorbell
7:29
and his mother answered the door. She was pregnant, her
7:31
belly out to wherever is Anthony
7:33
home? And she's like ane.
7:37
So he comes and he's you know you could see he's
7:39
kind of looking at us rather suspiciously, like one of the
7:41
two Puerto Rican girls that I believe in school doing at
7:43
my door. And we beat the crap out
7:45
of him right there in front of his mother.
7:52
Fast forward to twenty thirteen
7:54
and Frenchie is at the New York Times. She's
7:57
itching for a good story, something that will
7:59
make us. One
8:01
day, she's on a routine assignment when
8:03
she meets someone interesting.
8:06
Was a guy named Derek Hamilton, who was an ex con
8:08
who had been kind of like a jailhouse lawyer,
8:12
and so we're just chatting and he says,
8:15
oh, you know, I know a lot of cases in Brooklyn
8:17
of wrongful convictions.
8:20
So Frenchie brings it to her editor and
8:23
I'm.
8:23
Like, oh, I have a tip. You know, there's a lot
8:25
of wrongfully convicted guys in Brooklyn,
8:27
and I have a good source. He was a jailhouse lawyer.
8:30
And so my editor says to me, well,
8:34
what else do the cases have in common? And
8:37
I was so offended by
8:40
that question, Like I just thought it was
8:42
such a hoity toity New York Times
8:45
view of journalism that
8:47
I couldn't just come up with a wrongful conviction.
8:49
I had to come up with what connects them? Go
8:52
back to my dask kind of grumbling under
8:54
my breath, and I called Derek
8:57
and I'm like, all right, well, this editor
8:59
of mine
9:02
wants to know what
9:04
connects these cases. And
9:09
he goes, well, a lot
9:11
of them are the same cop and
9:14
his name is Lewis Garsala.
9:21
Derek Hamilton was out of prison but still
9:24
connected to people on the inside.
9:26
He's a self taught lawyer, learned the law
9:28
behind bars, and he was
9:30
still in the prison grape vine.
9:33
So I meet with Derek again.
9:36
He told me kind of loosey
9:39
goosey stuff, like he said, oh that this
9:41
guy was notorious for using
9:43
the same witness over and over again. But
9:45
he didn't know the names of the defendants
9:48
who had had the same witness testify
9:50
against them. And he did not know the name of
9:52
the witness. So I
9:55
was like, oh, brother, you
9:57
know, here I am talking this up to my editor,
9:59
like I'm some hotshot who's going to crack this case
10:01
open. And I got nothing.
10:03
So she went back to Derek. She
10:06
needed the name of that very talented
10:08
witness, and that's when Derek gives
10:10
her a legal document. This
10:13
was a document written by one of his friends
10:15
still in jail, another jailhouse
10:18
lawyer. It's called a four to forty
10:20
motion, and it's what you file if
10:22
you're trying to get your conviction overturned.
10:26
So he gives me Shabacca
10:29
chaqueurs for forty.
10:32
I probably rewrote that one hundred times
10:36
because I wanted to make
10:38
sure that I was saying what I
10:41
wanted to say.
10:42
This is Shabacca chacor. Scarcella
10:44
helped convict Shabacca of a double murder,
10:47
which he says he didn't do. His four
10:49
to forty was impressive, sixty
10:51
pages of legal argument written
10:53
while he was part of a prison law firm. That's
10:56
right, a law firm formed
10:58
in prison and run by convicted
11:00
murderers, all of whom claimed innocence.
11:04
So I called her.
11:05
She was like, okay, you said,
11:07
scar Sellers a crooked cop. I read
11:09
your brief. I said, listen.
11:12
I gave a list of names, a list of you
11:14
know, people she could talk
11:16
to, information that would
11:19
substantiate that he was a crooked cop. And
11:22
I remember telling her, like you an investigative
11:24
reporter, go and investigate.
11:28
In that dense document, two
11:30
pages focused on Louis Garcela.
11:33
He says in this document something
11:35
something Louis Garcella was
11:38
known to use the same witness over
11:40
and over again, a woman
11:42
named Teresa Gomez. And I'm like,
11:44
gee, you know that's it. That's the name, that's that's
11:46
what I've been waiting for.
11:47
So Frenchie has the name. Now
11:50
she does what a lot of us do when we're hunting
11:52
for information. She googles.
11:56
That's my big investigative
11:59
reporting secret.
12:03
And I got a hit, and I'm like, well,
12:05
this is curious. It was like some random
12:08
Google forum, a
12:10
cigar smoker forum where
12:14
somebody has asked. I think the question
12:16
on the forum was when did you first smoke
12:18
your first great cigar? This
12:20
guy, a man answers.
12:23
The first cigar, which truly
12:25
made me realize how much I was going to
12:27
enjoy cigars, was smoked in nineteen
12:30
eighty eight. The cigar was given
12:32
to me by a legendary detective of
12:34
the Brooklyn North homicide Squad named
12:36
Louis Garcela. Lewis had
12:38
been the detective on the first two murder
12:40
cases I prosecuted, both of
12:42
which featured the same witness testifying
12:45
against the same defendant for two different
12:48
murders. The defendant was a dealer
12:50
named Robert Hill. The witness was
12:52
named Teresa Gomez, a woman
12:55
who was even then ravaged
12:57
from head to toe by the scourge of crack
12:59
cocaine. It was near falling
13:02
to even think that anyone would
13:04
believe Gomez about anything, let
13:07
alone the fact that she witnessed
13:09
the same guy kill two
13:11
different people. And the guy signs
13:13
it and he's now a charge.
13:19
She goes to prison unannounced
13:21
to find Robert Hill. Frenchie
13:32
is waiting in the visitors room for Robert
13:34
Hill.
13:35
So this guy comes in and walks with a cane,
13:37
and he's kind of hunched over, and he
13:39
has very very long dreadlocks
13:42
all down his back. And I
13:44
see him looking around
13:46
the room like, who
13:49
the heck is that?
13:49
You know?
13:50
But all right, fine, So he
13:52
sits down and I'll
13:54
probably never forget this moment for the rest of my life. I
13:57
said to him, you know, my name is Francis
13:59
Roblans Order for the New York Times. I'm
14:02
doing a story on Teresa
14:05
Gomez. And he
14:07
just froze and his eyes
14:10
welled up with tears, and
14:12
he said, I've been telling people
14:15
about Teresa Gomez for twenty
14:17
five years and
14:19
I said, well, now somebody's listening.
14:24
And he said to me, is this
14:26
going to mess up my parole? And
14:29
I remember I said something that
14:31
you know, ethically I should not have said,
14:34
and I probably shouldn't even repeat that I said,
14:37
but I said it. I said, this
14:40
isn't going to mess up your parole. I
14:42
said this is going to get you exonerated. And
14:46
I said something so ridiculous
14:50
because I believed it.
14:53
Frenchy story breaks on May eleventh,
14:56
twenty thirteen. The headline
14:59
reviewed you who have fifty Brooklyn murder cases
15:02
ordered? The story lays
15:04
it all out how Teresa Gomez
15:06
says she witnessed six separate murders.
15:10
Who sees six murders? Schabaka's
15:13
friend Derek, the one who said all of this
15:15
in motion. At first, he's
15:18
pleased when he sees the article, but
15:20
then he gets angry.
15:24
This is personal.
15:26
I say, damn man, it's the same fuck
15:28
of that frame me.
15:31
You see.
15:32
Scarcella was the cop who arrested
15:34
Derek for murder a murder
15:37
he insists he didn't do.
15:38
You gotta understand something, man, this
15:42
guy is a piece of shit.
15:45
But he gets to run around.
15:49
Like he's God. We
15:56
gotta get at this guy.
15:58
We gotta attack. It's gonna sell it.
16:01
If I did one
16:04
nano gram, one
16:06
nanogram.
16:07
Of what they said I did, I
16:09
would have killed myself.
16:16
Strong crowd a comment commonstrate
16:20
to you. You can't
16:22
run for shelter.
16:24
There's nothing you can't do.
16:27
You gotta hold old time.
16:30
Go to
16:34
This ble,
Podchaser is the ultimate destination for podcast data, search, and discovery. Learn More