THE WAIT
One man's quest to get new trial after 1991 murder
STORIES BY JANINE ANDERSON ianine:anderson@journaltimes.com
Word was out: Something was up at the King Center. It was early afternoon on Monday, April 29,1991. Young men in cocked baseball caps and women with sculpted bangs stood in bunches across the street, on Dr. Martin Luther King Jr. Drive and Hamilton Street.
Someone looked up. What's Little Terrance Simpson doing on the roof?
Crouched over the front door, the 11-year-old Simpson saw people looking at him. He raised a finger to his lips. ' Shhhh." . everyone waited.
Drug grab leads to threats
Three days earlier, on Friday, April 26, the Shorty Vice Lords were dividing up cocaine at their hang¬out house on Geneva Street. Chris Berry, a Vice Lord, doled it out: This much for you, this much for you, this much for you.
" Darnell WinWord, another vice Lora from the neighborhood, thought the Shorties owed him a share, too.
He grabbed some drugs and ran. Berry grabbed a shotgun and went after Wilford.
Williford got away, but word on the street reached his aunts: He was a wanted man.
Later that day, the aunts went to the house to talk-to the Shorties, a collection of tweens and teens all too young to be full-fledged members of the Vice Lords.
Berry had a gun tucked in his waistband. The in¬tention was clear: Williford’s gonna get popped. Gonna take a bullet. Gonna take his hat.
The aunts knew her nephew was in danger, and asked for an hour to convince Williford to cooperate.
When they found their nephew, Williford refused.
Seeking a peacemaker
Berry spent the weekend talking about getting back at Williford. By Monday, it was time to do something. With 11-year-old Terrance Simpson at his side, Berry went looking for Williford.
But first, he needed a peacemaker.
The two stopped at Terry Jackson's house on their way to the Martin Luther King Center, where they
believed Williford was playing basketball. Jackson was 24, out on parole after 10 years in and out of group homes, jails and prisons. He had been in the Vice Lords, but says he left that life behind when he got out of prison.
Talk to Williford, Berry asked Jackson.
Jackson knew Berry had been talking about going after Wil¬liford. He turned down the request for help. This is your problem, Jackson said, I'm not getting involved. Berry and Simpson left. But what Berry said stayed in Jackson's mind.
''What if what he was telling me was really true, that he was going to walk in there and shoot Darnell (Williford) and that I had a chance to stop it ?" Jackson thought, according to his court testimony.
If he ignored Berry's request, Jackson tell anything that hap¬pened to Williford would be his fault, too. So he followed.
In doing so, Jackson took the first step toward life in prison for a murder lie says he had nothing to do with.
FAILED warning
Inside the King Center, Wil¬liford played basketball in the gym.
Jackson went up to Williford. Chris Berry wants to talk to you, he warned. He wants the dope you took.
"F--- Chris," Williford said.
“just leave. Slip out the back door,” Jackson implored.
Williford refused. He wasn't afraid of Berry.
Jackson gave up.
"What's not rny business is not my business" Jackson would Later testify.
He left the center through the front door, but stayed nearby. Berry was in the crowd that had gathered across the street from the King Center. He flapped open his coat, showing the crowd he wasn't hiding any¬thing. No weapons. The front door of the center opened, and Williford stepped outside. Simpson, perched on the roof, raised his gun and pulled the trigger.
Williford spun and fell.
His last words: Call the police.
Building the suspect list
Terry Jackson was one of the first witnesses to speak to police.
He told police about the dope grab, about the threats, about how Berry and Simpson had asked for his help. Simpson and Berry were quick¬ly taken into custody. On the street, there was a cam¬paign to add Jackson to the suspect list.
It started with a phone call from jail, Leonard Herron now says. In an interview in orison. Herron, who was a Shorty Vice Lord in 1991, said Berry called him collect and told him to blame Jackson for the murder. Berry thought it would help him win his trial, Herron said.
"(Terry Jackson) put our names in it," Herron said in that April 2009 prison interview. "All of us went together. (Jackson) put our names in, let's get him back. ... (Chris Berry) was like 'I need you . to do that.'"
Shorties started giving' Jack¬son's name to police, Herron said. Though Jackson was a key witness for the state, the idea stuck.
The only person who could possibly know everything that happened, 11-year-old Terrance Simpson, kept changing his story.
The story police settled on was that Berry gave Simpson the gun, then berry and Jackson boosted the boy up to the roof, where he waited. . .
A reluctant witness
Jackson testified at the hear¬ing that kept the homicide case against Berry moving through the system. When it came time for Berry's trial, Jackson was no longer willing to cooperate. Jackson's mother had received a threatening letter.
"Terry if you come to court against Christ (sic) Berry, if you don't come up missing, your mother will. Dig almighty people. RS. Remember the party. Thank VL"
Later, attorneys said "the party" was reference to a gang code.
There was another explana¬tion. Jackson had thrown a party a few weeks before the shooting, Someone hit him in the eye, an attack Jackson believes was over his leaving the gang.
When he got a subpoena to testify in Berry's trial, Jackson went to prosecutors. “If you put me on the stand, Jackson said he told them, I'll say 1 don't remember anything.”
He said the attorney asked him to step out for a minute. When she called him back in she said 'he was free to go.
At Berry's trial, Jackson's name kept coming up. Berry's attor¬ney said his client was simply a pawn, caught up in Jackson's plan to kill Williford. The Shorties testified that Jjckson was involved. So did Williford's family.
But when Berry took the stand, he told the same story that Jackson gave police the day after the murder: that Berry needed Jackson's help to defuse the situation."I wanted Terry Jackson to tell Darnell (Williford) that i wanted to talk to him," Berry testified. Berry and Jackson both said Williford refused to talk. Then their stories diverged: After Williford said no, Berry testified that Jackson suggested having Simpson make the kill. On the stand, Berry said he saw Jackson give Simpson the gun, handing it to the boy at the front of the center. "1 said 'Man, you ain't having that boy do that. That's crazy,' " Berry testified. "And Terry Jack¬son said, 'Dude,' he said, 'this Shorty got more heart than you do.' "
In her closing argument, pros¬ecutor Zoe Stowers said Berry's defense made "no sense,"
Berry testified that he went to Jackson for help, Stowers said to "smooth things over."
"Does that make sense? Ter¬ry Jackson is the one (Berry is) pointing his finger at."
The jury agreed with Stowers, and on Nov. 16, 1991, convicted Berry of Williford's murder. He was sentenced to life in prison, with the possibility for parole beginning in 2026.
No one came for Jackson.
A wanted man
Jackson was asleep when his cousin's boyfriend came into his bedroom, holding a copy of the Jan. 9,1992, edition at The Journal Times.
Jackson's picture was on the front page, under a headline that read "Suspect in ambush."
The article said police had a warrant to arrest Jackson tor Williford's murder, lumping him in with Berry and Simpson.
He called his mother, who was visiting relatives in Detroit. Don't worry, he told her. They don't have a case. I'll be home soon.
The next day, Jackson turned himself in. He hasn't been home since.
Tuesday, May 7, 2019
Sunday, November 13, 2016
some facts proving innocence
Terry Jackson -Wrongfully Convicted
Questionaire Below Shows Us some of the Facts Surrounding Terry Jackson's Case That show he is innocent
1. Did you know that those that accused Terry
Jackson falsely and testified falsely at his trial about him being involved in this crime, has now admitted to
reported Janine Anderson from the Racine Journal Times that they knowingly accused Terry Jackson of this crime falsely?
2. Now that you know those individuals have openly
confessed and admitted they lied on Terry Jackson ,what
do you think or feel about that?
3. The person who shot Darnell Williford (Terrance Simpson) told a student investigator (Winn Collins and Adam Jagadich) from the innocent project that he was coerced and pressured by he police, so he told the police what he thought they wanted to hear. Terrance says detective Soderberg kept suggesting to him and asking him was Terry Jackson involved. Terrance Simpson now admits that everything he told the police about Terry Jackson being involved in the crime was false. IN fact, Terrance Simpson admits Terry Jackson is the one who was trying to stop them from doing anything to Darnell Williford. This is what most people did not know, but now that you know the truth and facts, what are your comments and opinion about this?
3. The person who shot Darnell Williford (Terrance Simpson) told a student investigator (Winn Collins and Adam Jagadich) from the innocent project that he was coerced and pressured by he police, so he told the police what he thought they wanted to hear. Terrance says detective Soderberg kept suggesting to him and asking him was Terry Jackson involved. Terrance Simpson now admits that everything he told the police about Terry Jackson being involved in the crime was false. IN fact, Terrance Simpson admits Terry Jackson is the one who was trying to stop them from doing anything to Darnell Williford. This is what most people did not know, but now that you know the truth and facts, what are your comments and opinion about this?
4.
Terrance Simpson stated at 11 years of age, he was
impressionable and that the police and prosecutor took advantage of that and manipulated him into
falsely accusing Terry Jackson of this crime. He also stated he tried to refuse to testify falsely at
Terry Jackson's trial, but the prosecutor threatened to move him far away from his mother and family if he
didn't testify--so Terrance Simpson admits he was pressured into testifying falsely against Terry
Jackson. What are your thoughts and feelings about this?
5.
Did you know Cornelius Hunter AKA "Red"
acknowledged and admitted he falsely accused Terry Jackson of being involved in this shooting of
Darnell Williford to the reporter Janine Anderson of the Racine Journal Times. He told her
his reasons were because he was expecting the prosecutor and the police
to let him out of Wales early. He now realizes and recognize he was wrong for
falsely blaming Terry Jackson for being involved
in this crime, that he knows he had no involvement in. What are your thoughts,
feelings and comments about this?
6.
Did you know Leonard Herron AKA "Mookie"
acknowledged to the prosecutor Zoe Stowers and Judge Gerald Ptacek in court that he falsely accused Terry Jackson of
being the actual person who shot Darnell
Williford when he knew it was not true and that he done it to try to help
friends Christopher Berry and Terrance Simpson beat the homicide case. Leonard
Herron stated he was contacted be Christopher
Berry who asked him to blame Terry Jackson for this case. Leonard Herron
explained that is why h falsely
accused Terry Jackson, but now realizes it was wrong to falsely implicate and
accuse someone that's innocent for something he had no involvement in.
So that's why he is coming forth now acknowledging
his part in falsely accusing Terry Jackson. He also admitted this to Janine
Anderson who worked for the Journal
Times. What are your thoughts about this?
7.
Did you know the only African-American juror in
Terry Jackson's trial by the name Ella Richardson, admitted to Terry Jackson
during a phone conversation years after Terry Jackson was convicted that she
did not believe that the prosecutors had established and proved that Terry
Jackson was involved in this homicide
and that she initially voted against the other jurors that Terry Jackson was
not guilty, but she was overwhelmingly out numbered by the rest of the white
jurors--so Ella Richardson said she changed her verdict to guilty in their next vote amongst the jurors because Ella
Richardson didn't want to hold the
rest of the jurors back from going home, so she just went along with the rest
of the jurors verdict of guilty even
though she didn't believe or feel the prosecutor established, proved or
convince her that Terry Jackson was
guilty. So Ella Richardson admits she didn't want to appear like she was
preventing the rest of the jurors from
going home and being compelled to stay and vote just because she wasn't convinced the prosecutor proved their case against
Terry Jackson. So basically Ella Richardson admits Terry Jackson's fate of being guilty came as a
result of her being intimidated and pressured into rendering a guilty verdict out of fear of what the
rest of the jurors would think of her for holding them back, because Ella
Richardson did not agree that the prosecutor had proved their case against
Terry Jackson. So its a shame to be told by the only African-American juror
that Terry Jackson's fate came at the
hands of Ella Richardson being intimidated and pressured into rendering a
guilty verdict that she didn't even believe was the correct verdict. What are
your thoughts, feelings and comments about discovering this information?
These
are some of the facts surrounding how I got wrongfully convicted, which is much
more to discover in my book being composed and
almost complete titled "Framed - A - Murderer" (The wrongfully convicted
Through systematic Malfeasance Is Equivalent To Modern Day Crucifixion) So with
the help and support of those who have confidence in my innocence
can provide me the justice that's due. Your assistance and help through
donations is greatly appreciated. You can forward your donations to Tina Derkes
in do Terry
Jackson at 888 E Shady Lane lot 296, Neenah, WI 54956-6203. All money sent will
go into the savings account established for the attorney
until the full amount is obtained to retain the attorney
Robert Hanek. With that said, I conclude this updated message, Thanks for your
support. Terry Jackson
Here is scanning of document explaining Terry's conviction and giving progress in the case.
Click here to open pdf file:Terry Jackson updates his case
Brief synopsis
I would like to begin this site with the understanding that I’m not perfect or without flaws, but one thing I am definitely not is a murderer. I’ve never shot , stabbed or cut anyone in my entire life, but according to this so called flawless judicial system, I’ve been labeled a murderer.
Well , my purpose for bringing this case to the attention of the public is because in every case or situation there are two sides to a story and I want those who read this site to assess both sides and be the judge. The who believe the prosecutor version will not support me in seeking justice, but those who use their common sense by assessing the facts and come to the conclusion of the obvious truth will support me in seeking justice to help me prove my innocence. My side of the story was distorted and misrepresented by a deficient and ineffective defense counsel and an over zealous, tunnel vision, vindictive prosecutor.
So as I begin the specific details of the facts surrounding this case from the beginning to its conclusion I would ask and admonish you readers to pay close attention to every detail and word expressed in the content of these pages because as you journey though the facts, theory and lies, you will be enlightened, shocked and surprised by the extent and determination the prosecutor will go to win a conviction over seeking justice. As a reader of the facts and details you will be left with nothing more or less than your common sense to distinguish between the facts , fiction and straight out lies that shaped this entire case and brought about the conviction of an innocent person. I respect all opinions expressed as a result of reading this case , whether in support of me or not, and believe that ultimately , the truth will prevail.
I am in need of an attorney and have no finds for one, so any legal advise, books, or monetary support you can provide would also be appreciated. Even a letter of support to the judge or prosecutor in the case will help .
As you will see in the enduing documents, the prosecutor’s own witnesses have acknowledged in an affidavit that they knowingly conspired to set me up by testifying falsely at my trial and admitted this to a reporter who investigated the case and printed an article on the facts discovered. After this article was printer ( about 4 months ago), an additional one of the prosecutor’s witnesses provided an affidavit admitting that he too, is responsible for conspire. The truth is coming out after I have spent 18 years in prison. Yet the prosecutor fails to reinvestigate this case which is his duty once new evidence is revealed. This is a plea for society’s help in securing me a new trial.
My contact information for books, letters:
Terry Jackson 121898
WCI; PO Box
Waupun, Wi 53963
For questions, or to donate: contact FFUP ,
pgswan3@aol.com
29631 Wild Rose Drive
Blue River, Wi 53518
Thursday, May 6, 2010
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.
Wednesday, May 5, 2010
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.
Tuesday, May 4, 2010
law changed
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
Monday, May 3, 2010
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.
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.
Sunday, May 2, 2010
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
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
Saturday, May 1, 2010
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.
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.
Friday, April 30, 2010
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