Go back

Graduation Night

42m 8s

Graduation Night

In 2009, a nostalgic Facebook post about Tommy and Ray Hires, imprisoned for life for the 1987 murder of drug dealer "Old Man Bob," was seen by Detroit-native Kevin Zelendowski. This triggered his memory of a story his college roommate, John Helscher, told him in 1993. Helscher revealed he and four white friends from an affluent suburb were at Bob's house to buy marijuana the night of the murder. They fled when armed Black assailants jumped the fence, hearing a gunshot as they escaped. This account directly contradicted the trial testimony of an eyewitness who identified the Hires brothers, who are white, as the fleeing killers. Zelendowski connected with a private investigator working on the case, leading to a new legal team. They corroborated Helscher's story with other witnesses from that night, establishing a credible case of mistaken identity. The new evidence suggested the Hires brothers were wrongfully convicted, setting in motion a fight to overturn their sentences after more than two decades in prison. The entire investigation was serendipitously initiated by a single, casual sentence posted on social media.

Transcription

6765 Words, 36319 Characters

English
I tell people it's the miracle of Facebook. All I did was put one sentence, just one sentence. It's not often that you get to be a hero. I got halfway through the scan, just went, "Oh my God." The murder happened in seconds. One was coming straight for me and Jim, with a gun leveled at us. I've never ran so fast in my life. The truth took decades. I said, "You know what? Give me a lie detector test." I never believed it for one minute, never. Did someone have it all wrong? Or innocent man in prison for a murder, they didn't commit. A 22-year mystery until Facebook helped old friends find each other and justice. Could you ever imagine you would actually cause such a thing? Not in a million years. Together they uncovered an almost unbelievable truth. It all made sense. None of us knew what happened that night. This all made sense. Somebody's seen it, somebody knew. All right. Now, they just had to get someone to believe them. Oh my God, we're losing. Oh my God, we're winning. We'll face whatever has to come. This was it. This was it, for sure. I'm Lester Hold, and this is Dayblind. Here's Keith Morrison with Graduation Night. In the summer of Outside Detroit, Michigan, in the summer of 2009, a divorced mother of three named Mary Evans was poking around in one of her favorite places, Facebook. You can look up what everyone's up to, where they at today are they successful, or did they take the wrong path? Dear Mary, no idea that a little innocent poking into her own past would dredge up a shocking truth. Longberry. Oh, I was stunned. It was unbelievable. And a nightmares worth of terrors. I could have been killed that day. And would bring together an unlikely band of friends, old and new, in a fight to write a terrible wrong. And then a miracle happened. But no. In 2009, it was just an ordinary summer day. No sign of Providence anywhere, just Mary reminiscing about the old days and friends long since gone away. Well, you know how it is, a person wonders. Now it's an uncommon thing among people who grew up as Mary did in northeast Detroit. When I moved in, it was actually a nice neighborhood. You could walk around the streets, sing in at one o'clock in the morning in a summer and never had to worry about anything. And then. The changed. Oh, it definitely changed. Yeah. Started going really downhill. Not that particular summer day, Mary was in a mood to remember the good times, good friends. And on Facebook, there was something called the Northeast Detroit alumni group. So what did you do in this group on Facebook? What that was all about is being in touch with long lost friends, people from the neighborhood. Seeing a couple of brothers, old friends from the neighborhood, who she remembered with a twinge, did not turn out so well. Tommy and Ray Hires went to prison, in fact, for murder. Mary followed the case way back then in 1987, remembers just how she felt when they were found guilty. I was shocked. You know, I was shocked to hear that. I thought, no way. Doesn't sound like them, do you? No. Anyway, there she was thinking about them again, fondly. So she wrote a line about missing them, whatever she hears a certain song on the radio. And then she sighed and pushed this end button. And look at people who have trouble believing that such a simple thing as a posting on Facebook could make whole worlds change. A lot of people ask, well, what was it? What did you do? What happened? I said, all I said was put one sentence, just one sentence. So she did. And 500 miles away in the suburbs of Washington, D.C., where we know on Facebook, just wasting time. Like a lot of people do. Kevin Selonuski grew up in Detroit, too, but was now an international trade attorney in D.C. He and Mary didn't know each other, weren't even Facebook friends for that matter, but both belonged to that northeast Detroit group, which is why that very same summer day in 2009. He just happened to see Mary's post about those boys in prison for murder. That said, something to the fact that Tommy and Raymond Hires are in prison for life. Every time I hear miss you by the stones, I think of those guys. Did you know those two guys? No, I didn't know them. Which by all right should have been the end of it. But something in that post tripped a wire deep in the crater of Kevin's memory. That name? Hires. But before he was sure of it, in connection with the murder case, way back in the late '80s, and that memory lit up another one, clear as day, the indelible memory of a bizarre story a college roommate told it, one night in '93 or so. He could hardly believe it then, but now when he saw Mary's post, no, couldn't be. With those old stories somehow connected, maybe Mary could tell him. I sent back to her. They wouldn't happen to be in prison for killing old man Bob. And she got back and said, yes, they are in prison for killing old man Bob. Old man Bob was Robert Kerry, well-known fence, loan shark drug dealer, murdered at the back door of his East Detroit home in the summer of 1987. Kevin was already on the computer that day in 2009, so he pulled up the Michigan Department of Corrections website, saw pictures of Tommy and Ray Hires, confirmed they were in prison, doing life without parole for the murder of old man Bob. It was then it hit him like a brick in the face. Something about those pictures was very, very wrong. Only one thing to do, Kevin picked up the phone and called that old college roommate, a man he hadn't seen for at least a decade. He said it was about old man Bob, and I just started freaking out, like I'm not doing it. I'm not doing any of this. Oh, come. That's scared. It felt scared. But if he was scared now, oh, just wait. Mary's little post and the connections it pulled up in Kevin's brain. That just made John Helscher part of a team he wasn't sure he wanted to belong to. And the next move was his. As a band of friends sets out on a journey to find justice, they first need to find out what really happened the night old man Bob was murdered. Everybody assumes that the people running down the driveway shot him. I said, you know what? Give me a lie detector test. I got halfway through this can, just went, oh my God. Something serendipitous was in the wind in Detroit. The summer turned to fall in 2009. The woman's simple Facebook post about old friends now in prison for life was read by a Detroit native turned DC lawyer who got curious, looked up their pictures and couldn't sleep really at the beginning just thinking about it and wondering what you should do. Yeah, wondering what to do about it. It was called his old college roommate, John Helscher, the man who, way back in 1993, told him a story about the murder of Old Man Bob. Tell me why you called John Helscher. To see if he remembered telling me the story he told me back all his years about the night that old man Bob was killed. And he did remember? And he did, he remembered it exactly on the phone as he did when he first told me the story. The story? The John Helscher had been there. An old man Bob was killed, had seen things, had never talked to police. And now, once Kevin looked at the pictures of the hire's brothers, he understood, clear as day, that John's story could expose a terrible injustice if it was ever revealed that is. So Kevin stewed about it for a bit, talked to his wife, and took her advice. We had no hesitation that, you know, we should do something with this, you know, you're a lawyer, you know what to do with it, and just go ahead and do it, you know, it's the right thing to do. So he boarded a plane for Detroit on his own dime, and John faced down his fears and both met with the lawyer who represented those imprisoned brothers. We met at a restaurant and gross point, and we talked to the lawyer, and he didn't seem like he believed me too much. And I said, you know what, give me a lie detector test, I'll take the test, and then we'll go from there. If you don't believe me, let's do this right now. Okay. So a couple of weeks later, we ended up taking a lie detector test. It was one of the toughest things I've had to do when you strapped it. That's weird, isn't it? Oh, I was just sweating buckets. And, the police were detected, John Hälscher was being truthful, he passed with flying colors. And then, nothing, either Kevin nor John heard anything more from that lawyer. Yeah, I just thought it got dropped, you know, kind of, you know, wishing, you know, good, it's not going to come back, and that's it. And that would have been the end of it most likely, had it not been for her. Never on the other side of Detroit, though, John and Kevin couldn't possibly have known it, was a private investigator who, truth be told, had just about given up on the case of the Hire's brothers. We weren't getting anywhere. Private I Julian Cunio agreed to work the case for a fraction of her usual fee, when the Hire's family begged her to find evidence of the boy's innocence. She tended to agree with him. But in her long search, she had been unable to find anyone or any facts that could challenge the story about old man Bob's murder that was told of the trial. Which was this. Bob was home, and it was a Friday night. He's getting a lot of phone calls. There's a guy sitting in the kitchen weighing out bags of weed, and people are calling and saying "Hey, I'm going to be over. Here's what I'm going to want." Mostly, people come to the back door. And I went this to it all, was sitting in his car out on the street. We built this animation to illustrate what he later told the police. At 930, an Omni wore Horizon, light and color rolled up out front of his house, and two guys got out and walked up the driveway to the back door. And he hears shots fired, and shortly thereafter, he sees some guys huffing down the driveway. They get back in the Omni Horizon and drive off. So this guy, the witness, says, must have been there. Right. Yes. The dealer, known as Old Man Bob, was dead of a single gunshot wound to the chest. And it just looked high and low for that getaway car. No luck. So, the cops canvass the usual suspects, and bingo. A jailhouse informant named a possible shooter, neighborhood cat named Tommy Hires. And what do you know? Tommy knew Old Man Bob owed him money, used drugs. Even told friends he was going to visit Bob that night. They prepared a line up. But when they showed the pictures to that eyewitness, he didn't pick out Tommy. He pointed to Tommy's brother, Ray. Told police he was positive, 100% sure. Ray was one of the young men running down the driveway and hopping in the car after the murder. So both brothers were arrested and tried and convicted. And sitting in the courtroom, the aunt who would love them all their lives was devastated. I can't even imagine why they got life without parole, even without parole. This is Aunt Jan Hurth. It was very hopeless. Did you believe that they would have done never? I never believed it for one minute. The family stuck by Tommy and Ray as the men watched their 20s and then their 30s come and go and stay prison. And now, here they were in their mid 40s. Still telling anybody and everybody, including us, that they did not kill Old Man Bob. I just walked with the faith and I was just like, "This is not the end." Brothers had turned down Annie and all pleaders determined instead to clear their names. They joined every prison program, took every class they could to improve themselves. We schooled ourselves. We always took any kind of programs they had to offer. Both of you. Yeah, absolutely worked every day and just held our heads up. But to prove their innocence, they needed some solid new evidence, and by 2009, after 22 years, even their family had about given up on that. Had you actually gotten to the stage where you thought, "Well, they're just going to be there for the rest of their lives, nothing we can do about it?" I did. To be honest, they did. And so too did the private eye, Julianne Cunio. Stop working the case or tried to, but Tommy kept on calling. I'd be like, "You can't keep calling me." Then one day, I picked up the phone and it was Tommy again and I just didn't have anything to do. I said, "Fine, fine. This was purely to get Tommy off my back. I thought I was going to do a couple things and I'd be done again. Yeah, I can get Tommy out of my life." So she picked up the phone, called Tommy's lawyer, who sent her a copy of the affidavit, the sworn story told by, "Guess who? That old college roommate of Kevin's. John Hälscher, the one who claimed he was there at Old Man Bob's, went the murder to a place. And when the private eye read that. I got halfway through this thing and just went holy. Oh my god. Coming up. A close encounter with killers. I'm dead. That's the first thing that came to my head. He's going to shoot me. But are they the same man serving life in prison for murder? When Dateline Continues. You know, without Facebook, it wouldn't have happened. Detroit Private Eye Julian Cunio had been baffled for years about the mystery surrounding the murder of Old Man Bob, the murder that put Tommy and Ray Hires in prison for life. And then out of the blue, late 2010, just because some woman had a moment of nostalgia and posted a casual note on Facebook, an affidavit landed on Julian's desk. From a man she'd never heard of. John Hälscher. It had to be real. It had to be true. It's like a piece of heaven falling down and landing in your life. Yeah. John told Julian what happened that awful night in the Detroit summer of 1987. It was party night, he said. John and his classmates had just graduated from Gross Point North High School. That's at the suburb where the captains of industry lived. Several miles and tax brackets across the city line from Detroit. And after a few beers, the partyers decided to drive over and buy some marijuana from Old Man Bob. You just call up, say you're coming by, go to the back door. There. And that's what we were going to do that night. So John and four friends hopped in a car which was by the way a white Plymouth horizon and drove over to make the buy. And when they got there, they walked up the driveway to Bob's back door just as that eyewitness later told the police. Said for one detail and it was a big one. The eyewitness identified the hire's brothers as the young man he saw on the driveway. But said John Hälscher, it wasn't them. It was him. He and one of his Gross Point buddies went up that driveway. We made it to the back door and as soon as we knocked down the door and he opened it, I heard commotion behind me and we saw people jump over the fence coming towards us and one with a gun levelled at us. And we saw all the other people running towards Bob, especially a guy with a shotgun. I just remembered, I'm dead. That's the first thing that came to my, you know, my head, he's going to shoot me. I froze, we froze and all he said was, get the bleep out of here. And we turned so fast and ran back to the guy I've never ran so fast in my life. It was we were running back, they had heard the gunshot. I said, get the hell out of here and he screeched the cars and got out of there as quick as we could. And after the five return to the graduation party. I was still freaking out, we all were. And people were wondering what's the matter with you, what happened and then someone told them what happened. And part of the people, I don't believe you, they didn't believe us. But you were freaking out. Oh yeah, I could have been killed that day. Came close. Came close, I had a gun pointed right to my face. Then when he went home said John, he watched the news, read the paper, looked for news of the shooting but didn't see anything. I never did find out what happened to old man Bob. You know, I didn't hear nothing of it, I didn't know, I never saw him actually die. Yeah. So I didn't really know. So he said he just tried to forget it. He joined the army, served in the Persian Gulf, moved on with his life. And never told a soul apart from his girlfriend. And then one night in 1993, six years after the incident, he told Kevin Zelendowski. And it was one telling detail in John's story that Kevin never forgot. Those people who jumped over the fence, they weren't white kids. They were black. You had no idea that two men went to prison. No, not till Kevin called me in 2009. Did you even know the hires brother? I had no clue who they were. Never seen him in my life. Total strangers. Total strangers. And I said this isn't right. Because it was, it involved, you know, a different race. It was not to white people. That piece of information, more than 20 years after the murder, was what Tommy and Ray and their family had about lost hope they would ever find. When I finally got the whole story, it was like, damn, somebody's seen it, somebody knew. This all made sense. It was just a matter of mistaken identity. Absolutely. It just proves everything we've said and believed in for the last 25 years. John's story, which would have disappeared forever, had it not been for Mary's Facebook post and Kevin's steel trap memory. Now gave Aunt Jan at all those who loved and believed in Tommy and Ray, new determination. The family brought in a whole new legal team with one goal, nailed down the evidence, get the brothers out of prison. Attorneys Jan Napp and Valerie Newman. I thought this case should have never been charged. A mistake happened. A mistake happened and it ended up with two men spending potentially the rest of their lives in prison. Now, if only the team could find the other people who were in the car with John that night. And if they all told the same story, well, maybe then they'd have something. Coming up. After more than two decades, the moment of truth. Were you here? Oh, I'm still scared. But will it make a difference? It was Penta Needles. I mean, it was our life. This was it. [music] Private I, Julian Cunio and the others, who joined her efforts for the hire's brothers, believe the newly discovered witness, John Helscher was telling the truth. Now, if they could only find those four high school friends, Helscher claimed were with him. We're with him the night when he and they took a chip to buy a marijuana from a neighborhood drug dealer known as Old Man Ball back in 1987. The trip that ended in gunfire. First, madness. Julian discovered the driver of the car died. But his family confirmed he drove a white to Plymouth, horizon. The same type of car and eyewitness it seemed fleeing the scene. And that was important to be able to make that connection. Right, because the linchpin of all this is that these guys were in a white omnipotent. I'm near horizon. They're the same car basically. And then, one by one, they did find them. The kids now, 40-somethings, who'd been in the car, heard the very same things John Helscher told them. This man, John Corber, was riding in the front passenger seat and he confirmed the story. You can just see it dawn on his face that two guys have been sitting in jail for nearly 25 years. The woman who was a high school senior was dating one of the men in the car confirmed she saw it too. Though getting her to talk was no easy task. But none was more reluctant than that young man who'd walked up the drive to the back door with John Helscher and then fled down again and terror when a shop was fired. Why wouldn't he talk about it? Pretty much all of our witnesses grew up in fairly wealthy, well-to-do families. And it seemed to be an embarrassment that they had gone into east Detroit to buy marijuana. For months, he'd only communicated through his sister in attorney. He refused to tell the investigators what he knew. It seemed to go to great lengths to avoid their call. He wanted no part of it, which I still really can't understand. Because it's, you know, it's not often that you get to be a hero. Finally, what could the lawyers do? They subpoenaed him. It had to be done. We had two innocent men in prison. There was no choice. And finally, they all wound up right here. Detroit's Frank Murphy Hall of Justice. Spring 2012. The lawyers appointed to represent the long and prison brothers Tommy and Ray Hires had hoped to avoid this. They'd allowed themselves to think the Wayne County DA's office might see the new evidence about the night old man, Bob, was killed. See that a mistake was made and rectify it. But we had a prosecutor's office that was very uncooperative in the face of overwhelming evidence of innocence. Did that surprise you? No, it's an amazing ability to blind yourself to everything except what you want to look at. All right. Of course, that was a defense attorney's point of view. And so here they were in court to fight it out. Just getting this hearing took a year of their efforts and persuading all those witnesses to testify about a moment of time so long ago was no less difficult. Knowing that, Tommy and Ray's family became a sort of cheering section court. We filled up the room and we wanted to show everybody that we were there to back them up and we just wanted to be there for them. All crowded the courtroom of Judge Lawrence Talon, who would decide if the new evidence married a new trial. Finally, Tommy and Ray Hires filed into court. The brothers who from day one insisted they were innocent whose family never stopped believing in them, looking like just what they were. Survivors of a quarter century in prison. It was Penn's needles. I mean, it was our life because if he didn't believe what he was hearing, we were going right back to the statement and there was never no more relief. Yeah, this was it. This was it for sure. Good morning, Your Honor. Valerie Newman's State of Public Defender Office. And I got to the hearing. It was all out warfare. All right, do they call you to spread this? The defense began laying out the strange tale from the start with Mary Evans and her 2009 Facebook post. The sevens, why have you come forward in this case? You know, on the streets, I always heard that Hires didn't do it. Next, the DC lawyer who just happened to answer that post of Mary's. Would you please state your name for the record? Kevin Zelenuski. On the stand, Kevin retold the story that John, the old roommate, told him way back in 1993. He made a comment to the effect that while you wouldn't believe what happened that night. And so said, Kevin, he felt a duty to step in. And why are you here today? Two innocent people are in prison for life. I learned information that could help set them free. And I felt compelled to bring that information forward. And then one by one, to witnesses. The now 40-somethings who told the court about that night outside old man Bog's house, where they'd gone to buy a marijuana for their graduation party. And that it was their friends, not the Hires brothers, who came running down the driveway. And how did they look when they got in the car? Terrified. Why are you coming forward? Two minutes is too long in prison, let alone 20-some years. Even the reluctant witness, the one they had to subvene her to get the court, confirmed all of it. As did the man who threw the graduation party that night. He was very forthcoming and said, sure, I remember that day, they pulled up. They were a rack and they told me what happened. And you just don't forget something like that. And finally, the man who's comments to his roommate nearly two decades earlier kept the old story alive. "Tend to call John Helser." What was it like the process of testifying at this hearing? You know, I've been to combat, I've jumped out of planes and that was the toughest thing I had to do. John Helser, who was horrified, he never found out for certain that old man Bog was murdered, told the story he'd never before publicly discussed. Complete with what he heard and saw after walking up to old man Bog's back door. I heard commotion coming from the alley behind Bob's house. I saw four African-American males hopping over the chain link fence from the alley and they were running towards the house. Okay, then what happened next? I saw a larger African-American male with what appeared to be a shotgun and then I saw another African-American male with a handgun and told us to get the **** out of there. And what did you do then? I proceeded to turn around and run as fast as I could. Did you hear anything? As I was turning to run, I did hear a gunshot. Were you scared? I'm still scared. Have you ever been afraid like that after that? When I was in combat. Are you telling the truth? Yes, ma'am. And why are you here? Because there's two innocent people that are not committed to the crime. But then it was Anna Quiro's turn. The Wayne County Assistant Prosecutor made it perfectly clear. She didn't believe all those new witnesses coming forward to tell the story. Or what they said in their sworn statements which she picked apart. Word by word. No, ma'am. That's not correct. Oh, it's not correct. So you have to do it as wrong? The Assistant Prosecutor went methodically through the testimony of each witness and suggested sometimes gently, sometimes not, that they were all lying that concocted the whole story to help free Tommy and Ray hires. Are they friends with you on Facebook? My understanding is that. No, no, listen to my question. Yes or no? Well, I would say no. But, said Tommy and Ray's attorneys, it was the Assistant Prosecutor who concocted a story. The prosecution had nothing in the contradictor there, just absolutely nothing. And so when you have nothing, you can coct something. And so what they concocted was a grand conspiracy theory. Do that surprise you? It did. To have people who are unconnected to the defendants to come together in this huge conspiracy to cook something up doesn't make sense. But in the end, it was up to the judge to decide. If the new evidence was cooked up as the prosecutor claimed, or compelling enough to give the hires brothers their first shot at freedom in 25 years. Coming up. I'm thinking, oh my god, we're losing. The judge rules. Will the hires brothers get a second chance? We'll fight and we'll face whatever has to come. By the summer of 2012, Tommy and Ray Hires have been fighting to clear their names for 25 years. And now Judge Lawrence Talon had heard all the new evidence. This was the moment. This is the course decision under the defendant's motion for relief from judgment. But with all the history, the legalese, the new evidence, the witnesses. The prosecution was meticulous in pointing out inconsistencies. And differences between testimony and, yeah. It took the judge two full hours to explain the basis for his decision. The reasons he said he had no choice but to rule a particular way. Oh, my nerves were so like shaken. As Tommy and Ray, their courtroom full of family and friends and attorneys. Hakenized. Some felt almost ill. Just sitting through the ruling almost killed me. Until the judge finally said the words, this evidence meets all the requirements for this court to grant the requested relief by the defendant. All right. I'm waiting to fill off my shoulders. It was just finally. Thank you. Thank you. Everybody was hugging and it was just a joyous scene. You would think, looking at this, that Tommy and Ray hires had just been declared innocent of the murder of Old Man Bar. But that is not what happened. Not even two weeks later, when the judge decided to release the brothers on bond, to await trial. And Tommy and Raymond hires walked out of jail for the first time in more than 25 years. What certainly felt like victory, looked like victory. It was like someone had had a grand slam at the ballpark. Sweetie, oh my god, I was like, oh man, hell yeah, I was right. It was my wonderful attorney, yeah. I'll tell you now, I'll tell you now, yeah. Hey, hey, hey, she is the man. But Tommy and Ray hires were merely men on bail, a waiting trial for murder. A trial, the prosecution gave every indication it was especially determined to win. And thus sent these two men right back where they came from. Stay prison. What's it like to be sitting here, talking about what's happened to you? You can't even put it into words, the feeling that go through you. Which gave us a chance to talk to them, as they prepared for their biggest fight yet, for exoneration, and they hoped permanent freedom. And here they told us their version of what happened the night old man Bob was killed. We got involved in things we shouldn't have been right. Drugs, that was the main thing. At that night, June 26, 1987, the brothers did indeed go over to Bob's house, they said, saw the police were there, and as soon. You know, we figured he was being raided. That's exactly what we thought that he was being raided. Never even stopped, there was so much police out there that we just kept going. And never occurred to a steady, he was murdered, right? A week later, they were under arrest. Walked in there and never walked out. They were 21 and 22 when they went in. But now they said they are not the same men as they were then, and that that is a good thing. I'm not ashamed of being in prison, because prison made them, that's who I am today. Prison made this man. My morals, my integrity. I mean, in a way, a positive experience, you know, one you wouldn't wish on. Right, right, exactly. You still hold on to the light and, you know, you just push forward every day. What's on the agenda today, guys? After their release, they moved in with their ad-gen, and wore electronic tethers to monitor their wear-abouts, mandated by the court. They were like rip van weekles, awakened to the real world, learning to use cell phones, getting their drivers licenses, "I'm waiting to get that all my life. First one I've ever had." And getting up in the morning and going to work. Ray at an industrial heating and pooling company, Tommy, had a maintenance at an apartment complex. And at the very same time, the Wayne County Prosecutor's Office was preparing its case against them. To put them back into prison for life, preparing it as we sat here talking. Though, as the brothers told us here, the DA has put an offer on the table. They can keep their freedom if they agree to one condition. What plea are they offering? Right for us, just to plead guilty, and we'd get time served. Would you? No, no. We stood on our innocence, and we screamed it to the time of our lungs for 25 years. And then, for the people that got behind us and believed in us, for us to do that would just be like slapping their face. And then it would just tear my integrity right out of my body. So, we're innocent, and nothing's going to change that. There will be people in the audience who will still believe you did it. Sure, people, I mean, you know, you can't convince everybody. You're kind of used to that now. Sure. But all we want to do is convince 12. Those 12 would be the jurors, sitting in judgment at their upcoming retrial for murder. Tommy and Ray Hires were going back to court to see if free men they would remain. Coming up, a courtroom game of chicken. Who blinked first? It was really disingenuous. Disingenuous is such a polite word. It is a reading me. It means they were saving face. The Hall of Justice was waiting again for Tommy and Ray Hires. The very place they were sent away in the first place. I hate going into the courtroom. I hate going to the courthouse. I hate parking in the parking lot to get to the courthouse. You know what I mean? It's like, I just, but it's something that we got to deal with and it's going to be head on. As we talked, two weeks before the scheduled start of their trial, the Wayne County Prosecutor's Office was forging ahead once again, charging the brothers with the murder of Robert Carrey Oldman Bob. How nervous are you about this? You know, of course you're going to be nervous. I mean, your lives are in other people's hands still. The past several months, Tommy and Ray's defense attorneys had been attending pre-trial hearing, sending motions back and forth, as lawyers do. All the while hoping the DA would come to see it their way, and simply drop the charges. I was confident that it was a game of chicken, because they had no weapons. But with each legal step in the March toward trial, they were disappointed. The DA had seen perfectly clear what's very serious. All right. Then just a few days after our interview with the brothers, September 2013, everyone assembled in the courtroom, a system prosecutor Reynolds had something to say. Your Honor, at this time, based on consultation with prosecutor Worthy, based on communications with a deceased and family, based on a recognition of what 26 years can do to the triability of a case. We would move to dismiss the case against the defendants at this point in time. And that was it. Case dismissed. No new trial. It's not often you get to give somebody their lives back. And that's what we did. We gave them their lives back. It was incredible. It was incredible. But before they all left the courtroom, the prosecutor pointedly reserved the right to refile murder charges if new evidence never surfaces. Are you going to allow this to hang over your head for the rest of your life? Absolutely not. I mean, you know, in the last year we haven't allowed it to hang over our heads. We, you know, moved on. You know, we've moved on in life, and we're going to continue to do that. But Wayne County prosecutor Kim Morley, who declined, date lines, requests for an interview, took a parting shot at the brothers, issued a statement saying, quote, "Just as we did 26 years ago, we firmly believe in the evidence in this case. We have worked diligently to bring this case to trial. With the passage of time, it is an unfortunate reality that this case cannot be put back together. And we must dismiss it. Sadly, in this case, justice was not done." End quote. Really? Is that the people who freed Tommy and Ray? It was not right. It is a really mean. It puts a stain on them that they don't deserve. They already have the stain of 25 years in prison for a crime they didn't commit. And then you have the prosecutors office saying, "Yeah, right. Kind of like, we still think they're guilty." In 2016, Michigan lawmakers passed the wrongful imprisonment compensation act, calling for the state to pay exonerated prisoners $50,000 for every year spent behind bars. The higher brothers sued the state for just over $1.2 million each. And in October 2019, the Michigan Attorney General's Office settled the suit, agreeing to pay the full amount. Of course, in the days immediately following their release, nothing could compare to the chance to celebrate with the people who helped make it happen. Like Mary, whose Facebook post started everything. No, no, not in a million years. It's hard to get my head around it. You know, it's just awesome going. Sure. Kevin, who still shies away from taking credit. I happen to be a lawyer. It doesn't really seem that extraordinary to me. And John Hälscher, who can finally put the past where it belongs behind him. It's like I told him, I said, "I just wish I could have done something earlier you wouldn't had to sit there for so many years." And Tommy looked at me, gave me a hug, and he says, "It's the way it was supposed to happen. It had to happen like this." Yeah. They don't seem bitter at all. Not what I'm at, I'm just glad they're home and they're out, and they're free. Three men, who know none of it would have happened without family and friends, that dream team of lawyers and investigators. And of course, Facebook. What would you like to say to those people who helped you on the way? Thank you from the bottom of my heart for believing, understanding, and taking the time that most people don't do. It's like, you know, a dream come true for us because it's what we always been hoping somebody to help us. That's why we just want to live and move forward. We know it's gone, it's the past. Move on. Better days. So they've profoundly wished, but even life regained from injustice is not always fair. In November 2021, Tommy Hires died of a heart attack. His brother Ray tried to go on, but could not face life without Tommy. And in April 2024, he took his own. That's all for now. I'm Lester Holt. Thanks for joining us.

Podcast Summary

Key Points:

  1. A 2009 Facebook post by Mary Evans expressing nostalgia for old friends Tommy and Ray Hires, who were serving life for a 1987 murder, sparked a chain of events.
  2. The post was seen by Kevin Zelendowski, whose memory linked it to a story his college roommate, John Helscher, told in 1993 about witnessing the murder.
  3. Helscher's account revealed he and his wealthy, white friends were at the crime scene to buy marijuana, fled when armed Black assailants arrived, and were mistakenly identified as the killers.
  4. A private investigator and new legal team used this new testimony and corroboration from other witnesses to challenge the brothers' conviction, arguing it was a case of mistaken identity.

Summary:

In 2009, a nostalgic Facebook post about Tommy and Ray Hires, imprisoned for life for the 1987 murder of drug dealer "Old Man Bob," was seen by Detroit-native Kevin Zelendowski. This triggered his memory of a story his college roommate, John Helscher, told him in 1993. Helscher revealed he and four white friends from an affluent suburb were at Bob's house to buy marijuana the night of the murder.

They fled when armed Black assailants jumped the fence, hearing a gunshot as they escaped. This account directly contradicted the trial testimony of an eyewitness who identified the Hires brothers, who are white, as the fleeing killers. Zelendowski connected with a private investigator working on the case, leading to a new legal team.

They corroborated Helscher's story with other witnesses from that night, establishing a credible case of mistaken identity. The new evidence suggested the Hires brothers were wrongfully convicted, setting in motion a fight to overturn their sentences after more than two decades in prison. The entire investigation was serendipitously initiated by a single, casual sentence posted on social media.

FAQs

A nostalgic post about old friends in prison was seen by a lawyer who recalled a different witness account, leading to new evidence that challenged the original murder case.

He described the real perpetrators as black individuals, while the convicted brothers were white, indicating a case of mistaken identity by the eyewitness.

They were identified by an eyewitness who saw two men flee the crime scene, despite a lack of physical evidence and their consistent claims of innocence.

She pursued new leads after receiving an affidavit from John Helscher, locating other witnesses to corroborate his account and support the brothers' innocence.

They gathered sworn statements from multiple witnesses, connected the car description to the crime scene, and used this evidence to challenge the original trial narrative.

Witnesses were reluctant to come forward due to embarrassment about their involvement in buying marijuana, requiring subpoenas to obtain crucial testimony.

Chat with AI

Loading...

Pro features

Go deeper with this episode

Unlock creator-grade tools that turn any transcript into show notes and subtitle files.