The two men whose sentences have been overturned are Hector Barrow, 28 and Jermaine
Barnett, 27 both men are from New York. The two men were convicted in 1996 for the
murder of a Wilmington, DE Gun Shop owner. The court ruled that Judge Toliver should not have let the jury hear a statement an accomplice made to police because it was not subject to cross-examination. They concluded that the admission of accomplice(Lawrence Johnson's) statement violated the confrontation rights of both defendants. The ruling overturned the intentional murder convictions of both defendants. But the Justices ruled that Judge Toliver's error had no effect on two other felony murder convictions against Barrow and Barnett in the same case. Prosecutors now have three choices: They could do nothing and let both defendants remain in prison, sentenced to life without parole, they could ask for new separate death penalty hearings, or they could try both defendants on the intentional murder count. they are reviewing the court's opinion. The defendants attorney said he felt the state may do nothing given the jury's 8-4 vote. But for now they can breath just a little bit easier."
--- A Delaware activist reports on the news !
My name is Hector S. Barrow, and I was born in Guyana. I was born in 1972. I was living with my grandmother most of the time because my mother used to be working hard every day to take care of us. My father never had time for us, he used to take his money when he get pay and go and do crazy things with it. Many times we would go without food when the day come. My mother used to be crying every day and night asking God to help us out. Some time I will try to cheer up to keep her smiling. In 1974 my mother get pregnant for my father again and my sister was born on the 9-13-75. I was so happy to have a sister. I use to like playing with her. I remember when she was a baby and she was on the bed just laying there. And I run and call my mother and tell her, 'mom, mom, come and see a big cockroach,' she run in the bedroom and ask me where is the cockroach? I point at my sister and she start laughing. From since then we start calling cockroach. Me and her use to go to school every day. We couldn't miss a day from school, only time we could stay home from school is if we get sick or we didn't had any school clothes. My father still would not support my mother with anything she need for us or herself, so my mother decide to trade.
She started going to different countries and buy a lot of things and bring it back to our country to start her own business. In 1981 my little brother was born, but he wasn't born in Guyana, he born in Suriname, he was so loving too. When I used to come home from school I would take him to the park to play. He is so handsome. In 1987 I graduate from high school and my mother was so proud of me. After I graduate from school I go and get a job, the little money I make I used to give it to my mom so she can buy anything she want, by that time my mom already had some money put up for herself. I never get in any type of trouble with the law. In 1988 I hear we was coming to America and I was so happy. My grandmother was already in America. We get in America around wintertime. After 3 weeks in this country I start going to school. But I stop going to school for a long time. I had to go and get a job. I start doing electrician for a job until I get lay off. I take my check and start looking for a next job. I start working at a restaurant. I was working nights. I used to work on my day off too. In 1991 I was at my girlfriends house and I get a phone call from my grandmothers house, when I answers the phone I hear a lots of crying, I was like what happen?, The person who I was talking to said your mother die.
It was real rough for me, sister and my brother. In 1992 I had a babygirl name Christina Barrow, that was one of the most wonderful things that happened to me. I did always want a babygirl, she used to get anything she want in life.
I had to go and get a next job, so I can support her and my baby's mother. I got a job at a ? store. I work there for two years until lay off again. Then I get another job at Belly Botton. In 1995 my baby's mother get pregnant with my son. I was so happy to hear that too. That same day I was to go and take a test to become an American citizen but I didn't get to go and take the test, so I am not an American citizen. On June 25, 1995 I was visiting a friend in Delaware at the Lancaster Court apartment and crime was committed in the area where I was staying at, and Delaware State Police were searching for a Black male. Suspect one wearing a mustard color pants, green shirt, and cap. Suspect two wearing a black outfit with some white on it and a cap. And the third suspect only as a black male wearing a cap. All three suspects was last seen fleeing toward Lancaster Court apartment. Around 4:45 pm I was exiting the building over where I was visiting at and a police officer told me to get back in the building because they have some guys running around with guns. I went back into the building and approximately 5:00 pm I was trying to exit the building again and Officer Brackin and other officer simply pointed guns at my head and ordered me on to the ground to be searched for weapons, but they didn't find any weapons on me, so the officer handcuffs me and place me in the back seat of a police car for the purpose of a show up. I was asking Officer Brackin what was going on, and he told me that a crime was committed and I was placed under detention for questioning, at that point he asked me my name and date of birth. I tell him my name is Shane Barrow and my date of birth is 1-8-72. Then he ask me if I have an identification card? I say yes it is in my pocket, Officer Brackin went in my pants pocket without asking me, he didn't have any probable cause, the police bring one of the eyewitness to identified as to if I is one of the suspect she say at the crime scene. The eyewitness look at me and spoke up quickly, "thats not one of them, that looks like a girl," then I was taken to the crime scene for a next show up line up in handcuffs. The officer take me out of the car for five minutes and I was placed back in the back seat of the police car, I asked the police officer if I am under arrest? He say no and I ask him why handcuffs? On my hands? Because nobody didn't read me my Miranda warning. Approximately 11:30 PM I was taken involuntarily to the police station for question and interrogation. On June 26 1995 at 9:50 AM, I was now placed under arrest and my Miranda right was now read to me. After 17 hours of my initial stop and unlawful detention, Officer Brackin violated the two hour law being 11 Del. C.~ 1902 provides: 1902 questioning and detaining suspects
" (A) A peace officer may stop any person abroad or in a public place, who he has reasonable ground to suspect is committing, has committed, or is about to commit a crime, and may demand of him his name, address, business abroad and where he is going."
" (B) Any person so questioned who fails to identify himself or explain his actions to the satisfaction of the officer may be detained and further questioned / investigated."
" (C) The total period of detention provided for by this section shall not exceed two hours. The detention is not an arrest and shall not be recurred as an arrest in any official record. At the end of the detention the person so detained shall be released or be arrested and charged with the crime."
Detective Cicchini also violated international treaties / law ( The Vienna Convention on Consular Relations ) by failing to let me contact my Consular in my country Guyana. I am not an american citizen.
In the Affidavit of probable cause Detective Cicchini say I Hector Barrow was observed exiting the building, Barrow matches the general physical description of one of the suspect involved and was without positive identification on his person resulting in his detention and a search warrant was executed at the residence located at BLDG 2 APT C Lancaster Ct. During that search a personal identification of defendant Barrow was recovered along with approx. Twenty-five (25) small calibre handguns which link me to the crimescene.
On Decemer 1, 1995 a Proof Positive hearing was held at Delaware Superior Court and Detective John R. Evans was called to testify on the State's behalf. Detective Evans testified to what happened on June 25, 1995. He said Mr Barrow didn't have any positive identification on him and he matched the description of one of the suspects and there is no physical evidence that linked Mr Barrow to the crime scene. Also Detective Evans was trying to justify a next officer report because Officer Brackin only stopped me as a black male. Officer didn't have the description of any one of the suspects at the time he stopped me. (tr 12-1-95 pg 61-62 and 5-6-96 pg 71-75. )On May 6 1996, a suppression hearing was held and I was trying to get the judge to continue the suppression hearing because I wasn't satisfied with my lawyer's motion. I asked my lawyer to aummit my entire argument and case law with his argument for the supression hearing, but they didn't aummit it. The argument was about my 4th and 14th Amendment rights violation. At the suppression hearing, Detective Cicchini and Officer Brackin testified to what happened on 6-25-95. Detective Cicchini testified that he obtained a personal identification card of Hector Barrow from Officer Brackin. (tr 5-14-96 pg 98 line 20) and (tr 5-7-96 pg 1-4). Now in the affidavit of probable cause, Detective Cicchini say Defendant Hector Barrow was observed exiting the building. Barrow matches the general physical description of one of the suspects involved and was without positive identification on his person resulting in this detention. Also the affidavit say, during the search of the apartment, they find my personal identification along with approx twenty five (25) small calibre handgun which link me to the crime. However, Detective Cicchini say at the suppression hearing my identification was not in the bag with the guns. It was not my identification found with the small twenty five (25) calibre handguns. It was the state witness by the name of Dennis Tomaz Jr. identification was found with the guns. He was never charged with this crime. He was asked to testify on their behalf. At the trial Dennis Tomaz confessed to taking the two small 25 calibre handguns and put it in his (?). (word obscured). During the trial, I ask Toliver if I can ask Mr Bunitsky a question, the judge tell me no, but I can ask him the question. I ask the judge why Dennis Tomaz and charged with his crime, the judge say he would like to know the same thing too, but he could not let me ask that question. At the trial I ask my lawyer to subpoena a witness to testify on my behalf, and he did not want to subpoena my witness. I ask to talk to the judge, and I let the judge know that I ask my lawyer to subpoena one of my witnesses to testify on my behalf and he did not do it. The judge asked my lawyer why he didn't subpoena my witness. The lawyer said he took it on his behalf not to subpoena my witness. The judge look at me and say "Mr Barrow, I can only do so much for you." When he say that tears come to my eyes. I was wrongfully convicted of the murder of a 21 year old man that I did not commit.
