appeals

In his first appeals, Jackson said his lawyers hadn't done their jobs. Later, he started at¬tacking the evidence.


Evidence amassed over the years - contradictory state¬ments, interviews, police re¬ports — fills Jackson's files, sup¬porting his claim that he had nothing to do with the murder.

Witnesses gave questionable and inconsistent testimony. Several Shorty Vice Lords, who were in their early teens, testi¬fied they had known Jackson for years. Jackson, who was 24 at the time, had been in prison for the four years before the mur¬der. Some of Williford's family members said Jackson threat¬ened Williford's life when they confronted the Shorty Vice Lords about drugs Williford took from the gang. In state¬ments to police in the days after the shooting, the same people said a 16- or 17-year-old boy made the threats - not the 20-something Jackson.

The gang was after him. Jack¬son says the Vice Lords had a reason to tie him to the crime: Gang members were angry be¬cause he renounced the Vice Lords after leaving prison several months before. He sites the attack against him at his party in April 1991 as evidence of that anger.



Perhaps the most compelling evidence is found in a collection of new statements- from three people who told police that Jackson was behind the murder. Those witnesses - including the boy who pulled the trigger

— now say they lied.

• In an interview with The Journal Times and in a swarn statement, Leonard Herron ad¬mitted he implicated Jackson at Berry's request, and to get back at ]ackson for talking to police about his friends.

• Cornelius Hunter told po¬lice Jackson was involved even though he knew that not to be true, according to an affida¬vit and an interview with The Journal Times. Hunter hoped police would give him a break in an unrelated juvenile case if he cooperated and verified the story they wanted. He said po¬lice told him he could have been charged with the shooting if he didn't help them.

• As he got older, Simpson began telling people Jackson tried to keep him from getting involved with the shooting, and that Jackson tried to stop~the murder altogether. Law students from the Wisconsin Innocence Project worked with Simpson in 2001 to draft an affidavit about the murder. In it, Simpson said Berry gave him the gun and put him up to the murder; Jackson had nothing to do with it, de¬spite Simpson's testimony at the time.

Simpson refused to sign the affidavit, saying his family pressured him to stay out of it, ac¬cording to the law student who prepared the affidavit. Without Simpson 's cooperation, the WIP could do no more for Jackson. Simpson had earlier signed an affidavit found in Berry's file. In it, he says lie acted completely on his own and that neither Ber¬ry nor Jackson was involved.

Word of liars

The very nature of Jackson's appeal - that everyone lied in 1992, and they are just now tell¬ing the truth — works against him as well.

"Judges dislike recantations," said Keith Findley, director of the Wisconsin Innocence Project.

Once someone comes forward and says he lied the first time, it takes a lot to convince a judge that the witness is now telling the truth.

"You've got a witness who comes in and admits he's a liar," Find toy said. "The irony, then, is that the conviction rests on the word of a liar."The Journal Times was unable to find Simpson.

I would lie, too

No matter what Jackson brings forward, perhaps the biggest obstacle he has to overcome is his own testimony.

Domingo Cruz, Jackson's trial attorney, didn't want Jackson to take the stand. He believes Jackson's insistence on taking the stand may have led to his conviction.

"That was probably not a really good idea," Cruz said. "As 1 recall it, he didn't come off well."

Jackson says he believes Cruz left him no choice but to testify. Jackson says he needed to tell jurors his story. When the judge asked if he wanted to testify, Jackson said yes. Cruz told the judge he advised against it, but Jackson went ahead.

"The only way I'd be able to explain my story is for (jurors) to hear from me." Jackson says now.

He told jurors his side of the story, but when Assistant District Attorney Zoe S towers ran the cross-examination, she attacked his credibility just as Cruz had done to the state's witnesses,

In particular, Jackson gave one answer that threw everything else he said into question. He said everyone involved in the crime was lying about him, and then elaborated.

"All the ones that was involved in the crime (are lying)," Jackson testified. "If I was involved in the crime I would lie, too, to prevent my name from coming up."

Jackson says now that he thought that statement would show his innocence “A person that's lying wouldn't have the courage to say something like that.” Jackson explained,” only a person telling the truth would have the guts to say something like that.”

In retrospect, Jackson sees his testimony in a neutral light.

"I don't think it went good, but I don't think it went bad, neither," he said. "I don't think it went bad to the point where I should have been found guilty. I never said anything that made people get the indication that I was guilty."

That's not the way prosecutors saw it. At a post-trial hearing, S towers, who helped convict Jackson in 1992, said:"If we eliminate all the testi¬mony, just look at Mr. Jackson's own testimony at his own trial, I believe he convicted himself. He made himself a party to this crime, being present when every action took place." .

No doubt for some

.Police don't think they got the wrong man.

Retired detective Jon Soder¬berg was one of the main in¬vestigators on the case. He said Jackson was a suspect right away, though testimony from a motion hearing before Jackson's trial seems to say otherwise. On June 19, 1992, Soderberg testi¬fied that when officers initially spoke to Jackson he was simply a witness.

In a September 2009 inter¬view, Soderberg said they looked at Jackson from the beginning. He remembers Jackson claiming to be a high-ranking member of the Shorty Vice Lords, some¬thing Jackson denies.

Soderberg said that if he be¬lieved someone had been wrong¬fully convicted of this crime, he would try to correct it.

"If I thought someone was an innocent person, I'd be the first to step forward," Soderberg said. "There's nothing worse than the government charging someone with a crime that shouldn't be. Geez. Can you imagine someone being locked up who didn't do anything?"

Jackson says that's exactly what has happened.



The District Attorney's Office is confident in the investigation and verdict.

- "We don't just take witnesses ' at their word," said District Attorney Mike Nieskes . Attorneys question witnesses' statements, and use other evi¬dence to verify the information. Still, it's not unusual for wit¬nesses to change their stories at trial.

"It's the responsibility of the jury to make a determination that they believe to be the truth," Nieskes said. "Do we have ques¬tions about witnesses when they testify? Yes. Do we find it unusual that persons involved in gangs, in the Department of Corrections, change their state¬ments from time to time? No. I don't find that unusual."

When prosecutors learn of re¬cantations, he said, their "ethi¬cal obligation is to always seek the truth. ... In Mr. Jackson's case, our determination is the jury verdict is the correct verdict."

Another try

" Jackson continues to send his argument to judges, hoping that one of them will believe him. He still hopes that, presented with all the information he's collect¬ed, police and prosecutors will take another look at the case.

He acts from a disadvantage. Jackson is incarcerated, with a criminal record that stretches back to childhood and facing life behind brick walls and razor wire. He represents himself.

Who would believe him ?

So far, no one has. But Jackson is trying again.

Armed with the affidavits, Jackson hopes a federal judge will agree that he has enough new evidence to try one more time.

If the court says no, Jackson's next chance to leave prison could be on Jan. 10, 2045, when he is first eligible to request parole. He will be 74. For now, he waits.

Berry interview denied

Berry Interview Denied


In researching this story, The Journal Times asked to interview Chris Berry. The Department of Corrections denied that request.

Berry did respond to a letter written by a reporter, in which he was asked to explain the how Jackson was both the man he went to for help peacefully resolving the situation with Darnell Williford and the one who ultimately had Williford killed. I le was also asked about Leonard Herron's allegation that Berry asked the Shorty Vice Lords to implicate Jackson for the murder.

In his written response, Berry did not respond directly to any of those questions. Instead, he wrote several pages, in which he said the entire case was based on lies.

"This entire case and trial was the by-product of a bunch of fabrications and equivocations, and no one is exempt because everyone told some lies including, but not limited to myself."

In the letter, Berry accused attorneys, police and witnesses of lying, and denied any involvement in Williford's death. He also requested compensation for working with the newspaper and asked what he could "anticipate being accommodated with" by the newspaper. It is Journal Times policy not to pay Sources for information.

law changed

Simpson's role in murder caused change in law


In 1991,11-year-old Terrance Simpson was already known to the police, but his age kept him from getting into any serious trouble with the law. At the time, no one younger than 12 could be charged with a crime — even in children's court. After Simpson killed Darnell Williford on April 29,1991, he faced no charges. All the state could do was treat him as a child in need of protection and services. He was ultimately sent to live in group homes, from which he walked away.

Justice officials work to change the law. The juvenile court system was created for young offenders, and a provision allowed older teens — and children age 10 or older who committed certain types of serious crimes - to be charged in adult court.

By the time Simpson turned 16 - when he set fire to his bed linens at the Racine County Juvenile Detention Center — the new law was in effect. His arson case landed in adult court.

He was sentenced to seven years in prison, and was released on parole in 2000

journalist does years of research

Years of research:


Journal Times reporter Janine Andersen spent more than three years researching this case. She reviewed hundreds of pages of police reports, court records and transcripts, as well as conducted in-person and telephone interviews with people involved in the case, All information-in this story came from documents, interviews or testimony.

She spoke repeatedly with Jackson by phone and in person; interviewed two witnesses who recanted their statements against Jackson, Cornelious Hunter and Leonard Herron spoke with retired detective }on Soderberg and prosecutor joanKorb; and interviewed two of Jackson's attorneys as well as members of his family and friends from that time period.

The Journal Times was unable locate the shooter, Terrance Simpson, and a letter sent to the last-known address for his mother was returned undeliverable. Attempts to reach Darnell Williford's family also were unsuccessful.

Affidavit of Leonard Herron

AFFIDAVIT Of Leonard Herron


State of Wisconsin SS)

County of Racine )

Case No. 92-CF-14

Leonard A. Herron, being first sworn, deposes and states:



I,Leonard A. Herron D.O.B. 6/14/77 hereby swear that this statement is truthful and accurate to the best of my knowledge and memory, and that no threats, force or coercion has been used against me, and I give this statement of my own free will.

1. I hereby state that I was an eye witness of the events that transpired at the Dr. Martin Luther King Jr. community center on April 29,1991.

I went to the Dr. Martin Luther King Jr. community center with Terrance Simpson, Christopher Berry, Cornelius Hunter, and Quincy Williams.

2. I hereby state that while there at the community center with the above named individuals, I witnessed Mr. Jackson attempting to convince Darnell Williford and Christopher Berry that they should resolve their differences peacefully without fighting. I seen Mr. Jackson outside trying to convince Chris not to fight Darnell and I also witness him go in the gym and attempt to convince Darnell not to fight Christopher Berry.

3. I hereby state that I observed the entire incident that took place at Dr. King Jr. community center up until Darnell was shot, and I can verify that Mr. Terry Jackson was not the person that put Terrance Simpson on the roof of the Dr. King community center. I was 14 years of age at the time and remember everything that transpired that day.

4. I hereby state that when Christopher Berry was in the county jail facing charges for murdering Darnell Williford, he called me on the phone collect asking me to help him out by testifying at his trial and blame Terry Jackson for Darnell murder. The reason he said he wanted me to do this is because he thought Terry Jackson was going to testify at his trial against him. He also ask me to tell the rest of the Shorties the same thing. He also told us to tell Darnell Williford family that Terry Jackson had Terrance Simpson shoot Darnell. This was suppose to be in attempt to help him win his jury trial. This is why I came to Christopher Berry trial falsely accusing Mr. Jackson, because Chris Berry and Terrance Simpson was my friend, and we were trying to help Christopher Berry win his trial by blaming Terry Jackson.

5. I hereby state that everything I testified to in Christopher Berry trial regarding Mr. Jackson was absolutely false. I testified falsely claiming to know him personally, but I did not know him personally. I falsely testified saying that I went to his house, and while there seeing a long barreled weapon laying on his bed, but I never been in Jackson house to observe a weapon. I also testified that I seen Mr. Jackson and Darnell Williford get into a fight at his house party two weeks prior to Darnell getting killed, that wasn't true either because I never been to Mr. Jackson parties or house. It was evident that I was lying in Berry trial, because I testified that Terry Jackson shot Darnell and not Terrance Simpson, which was all designed to blame Mr. Jackson to help Chris Berry and Terrance Simpson get off.

6. I hereby state and verify that Mr. Jackson is absolutely innocent of any involvement that resulted in the death of Darnell Williford. This is the truth as I know it, and I come forth to acknowledge this because I know what I done when I was younger was wrong for blaming a innocent person for something I know he didn't do.>

Date this 17 day of Dec., 2004

2 affidavits of Terry Simpson

CHRISTOPHER L. BERRY, Defendant.
AFFIDAVIT OF TERRANCE SIMPSON
RACINE COUNTY

STATE OF WISCONSIN

1, Terrance Simpson, being first duly sworn and under oath, state the following:
1. I make this affidavit on personal knowledge.

2. Investigator Soderberg of the Racine Police Department coerced my statements to the police in the above-captioned matter.

3. I lied when I testified at the trial of Christopher Berry that Mr. Berry and Terry Jackson pushed me up onto the roof of the Martin Luther King, Jr. Youth Center just prior to the shooting of Darnell Williford.

4. 1 lied when I testified that Mr. Berry provided me with the gun that I used to shoot Darnell Williford

5. At the time I shot Darnell Williford- I was alone on the roof of the Youth Center. . Mr. Berry never asked or ordered me to shoot Mr. Williford.
Dated this 27 of April 2001

AFFIDAVIT OF TERRENCE SIMPSON
State of Wisconsin
County of Racine
Terrence Simpson, being first sworn, deposes and states:
1. I testified on behalf of the People of Wisconsin at Terry Jackson's trial for the shooting of Darnell Williford, which resulted in Mr. Jackson's conviction for Party to the Crime of First Degree Intentional Homicide.
2. On April 29, 1991,1 shot Darnell Williford at the Martin Luther King Center in Racine, Wisconsin.
3. On April 26, 1991,1 was at Dennis Yarber's home in Racine, Wisconsin, along with Chris Berry, Quincy Williams and Darnell Williford. While I saw cocaine sitting on the table, and I saw Darnell Williford snatch the cocaine and flee the residence. At that point, I saw Chris Berry chase after Darnell Williford with a shotgun and a dog, but Darnell was able to escape without any further confrontation.
4. Terry Jackson was not present at Dennis Yarber's house during the dope-snatching incident, but he arrived at the house later in the aftertoon. Terry Jackson did not accompany Chris Berry while chasing Darnell Williford after the cocaine-snatching incident.
5. Terry Jackson actively tried to persuade Chris Berry not to involve me in any attempt to retaliate against Darnell Williford for the dope-snatching incident. During the days before the shooting, I heard Terry Jackson tell Chris Berry that he should take care of his own business and not get me involved. I also heard Terry Jackson tell Chris Berry to do his own work. I think that Terry Jackson was trying to look out for me by telling Chris not to get me involved.
6. On April 29, 1991. the day of the shooting, I started walking to the Martin Luther King Center with Chris Berry, Quincy Williams and Tavares Woods. We were going to the Center because we knew that Darnell Williford would be there, and we wanted to confront him about the dope-snatching incident. On our way to the Center, we stopped at Terry Jackson's house to try to persuade him to come with us to the Center, but Terry did not want to come along and get involved. Terry refused to get out of his bed and come to the Center with us, so we decided to leave and go to the Center without him. However, Terry eventually left his house, caught up with us, and followed us to the Center. . ' ' .'; '
7. I believe that Terry Jackson was aware that there might be a confrontation with Darnel Williford at the Center, but Terry repeatedly told Chris Berry that he wanted nothing to do with it.
8. I believe that Terry Jackson thought that there was going to be a fight with Darnell Williford, but I do not think he suspected that Chris or I would shoot Darnel while at the Center.
9. I alone decided that I would shoot Darnell Williford. Since I was only 11 years old at the time, I knew that I would not be prosecuted as an adult if I were charged with murder.
10. At Terry Jackson's trial, I testified that Terry Jackson and Chris Berry hit me.
11. At Terry Jackson's trial, I testified that Terry Jackson and Chris Berry helped me onto the roof of the Center so that I could shoot Darnell Williford. This testimony was not accurate. In fact, I climbed onto the roof myself, without any assistance from Terry Jackson or Claris Berry. '
12. At Terry Jackson's trial, 1 testified that Chris Berry and Terry Jackson were on the roof with me directly before I shot Darnell Williford. This is not accurate. Terry and Chris were not on the roof on the day of the shooting, and I was on the roof by myself when the shooting took place. It was my idea to get onto the roof and shoot Darnell Williford.
13. At Terry Jackson's trial, I testified that, while on the roof, Chris Berry put a gun to my head and threatened to shoot me if I did not shoot Darnell Williford. That testimony was not accurate. Chris Berry never threatened to shoot me if I did not shoot Darnell.
14. At Terry Jackson's trial, I testified that Chris Berry gave me the gun that I used to shoot Darnell Williford while Chris, Terry and I were on the roof together. This is inaccurate. The gun that I used to shoot Darnell Williford was under my sole possession since the days before the dope-snatching incident on April 26, 1991.

15. At Terry Jackson's trial, I testified that I did not think that Terry Jackson And Chris Berry had gotten off the roof directly after I shot Darnell Williford. In fact, however, I recall seeing Terry Jackson standing on the ground near the front door of the Center at that time. Furthermore, I recall seeing Chris Berry standing across the street from the Center directly after I shot Darnell Williford.
16. After I shot Darnell Williford, I hid the gun and fled the scene. I called my mother, who suggested that I turn myself into the police. Once I got home, my mother called the police. I was taken to the police station for questioning shortly afterward.
17. Detective Soderberg questioned me at the police station. Originally, I told the detective that no one else was involved with the shooting of Darnell Williford, but he insisted that others had to be involved. Detective Soderberg repeatedly told me that I could not have done the shooting without the assistance of others. Because of his insistence that others were responsible, I originally lied to Detective Soderberg. I made up false names and told him that they made me do it.
18. At some point during the questioning, however. Detective Soderberg left the room and my mother told me to start telling the truth, so I admitted that the made-up were not involved with the shooting. Because I was young and impressionable, 1 began telling Detective Soderberg what! thought he wanted to hear, even though I realize that I was still not telling the truth.
19. Although I originally refused to testify at Terry Jackson's trial, the District Attorney threatened to move me far away from my mother if I did not cooperate and testify, i cvenlually relented under the pressure of the District Attorney's threats. During Terry Jackson's trial, I testified according to what I thought the District Attorney and the Detectives wanted to hear.
20. I was never charged with the commission of any crime as a result of my shooting Darnell Williford, but I am currently serving a prison sentence for a conviction based on an unrelated incident. I am scheduled to be released from prison in January 2001.