A Detroit man who spent nearly two decades in prison for a murder he didn't commit was released last year after the prosecutor's office agreed to vacate his convictions and sentence. Gregory Berry, who is now fighting to withdraw his plea, claims that prosecutors coerced him into taking a plea deal that effectively waived his right to file a civil lawsuit.
Berry had been convicted of accessory after the fact for his alleged role in a fatal shooting at a gas station in Detroit. However, new evidence came to light after Berry's release, including an affidavit from his co-defendant Antonio Hamilton, who claimed he had lied about Berry's involvement in the crime.
Despite this, prosecutors initially refused to provide Berry with critical information, including the findings of the Conviction Integrity Unit (CIU), which investigated potential wrongful convictions. It wasn't until a second witness came forward and passed a polygraph test confirming that Hamilton had given the gun to him after the killing, contradicting his original statement, that the CIU concluded that "significant problems" emerged in the case.
Berry's lawyers argue that prosecutors withheld this information from him in an effort to get him to take the plea deal without filing a civil lawsuit. They claim that requiring defendants to waive their right to file civil suits is a customary practice in Wayne County, which the prosecutor's office denies.
The case highlights concerns about how prosecutors are handling convictions tainted by the work of Detective Barbara Simon, who has a history of coercive interrogations and tactics deemed unconstitutional by courts. Despite multiple federal lawsuits and millions in settlements, prosecutors say they can only act on evidence specific to each case.
Berry's experience raises questions about whether he was manipulated by prosecutors and whether he would have taken the plea deal if he had been aware of Simon's controversial past. Berry's lawyers argue that full access to CIU records is necessary for defendants to make informed decisions, and that outside agencies should be looking into Simon's work to ensure justice.
Berry himself believes his case shows why "outside agencies should be looking at Barbara Simon," and why defendants need full access to CIU records to secure justice. He says he doesn't understand how the prosecutor's office can police itself without outside oversight.
Berry had been convicted of accessory after the fact for his alleged role in a fatal shooting at a gas station in Detroit. However, new evidence came to light after Berry's release, including an affidavit from his co-defendant Antonio Hamilton, who claimed he had lied about Berry's involvement in the crime.
Despite this, prosecutors initially refused to provide Berry with critical information, including the findings of the Conviction Integrity Unit (CIU), which investigated potential wrongful convictions. It wasn't until a second witness came forward and passed a polygraph test confirming that Hamilton had given the gun to him after the killing, contradicting his original statement, that the CIU concluded that "significant problems" emerged in the case.
Berry's lawyers argue that prosecutors withheld this information from him in an effort to get him to take the plea deal without filing a civil lawsuit. They claim that requiring defendants to waive their right to file civil suits is a customary practice in Wayne County, which the prosecutor's office denies.
The case highlights concerns about how prosecutors are handling convictions tainted by the work of Detective Barbara Simon, who has a history of coercive interrogations and tactics deemed unconstitutional by courts. Despite multiple federal lawsuits and millions in settlements, prosecutors say they can only act on evidence specific to each case.
Berry's experience raises questions about whether he was manipulated by prosecutors and whether he would have taken the plea deal if he had been aware of Simon's controversial past. Berry's lawyers argue that full access to CIU records is necessary for defendants to make informed decisions, and that outside agencies should be looking into Simon's work to ensure justice.
Berry himself believes his case shows why "outside agencies should be looking at Barbara Simon," and why defendants need full access to CIU records to secure justice. He says he doesn't understand how the prosecutor's office can police itself without outside oversight.