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Franky Carrillo walks the campus of Loyola Marymount University. His backpack is filled with books. His days are now filled with freedom.
Carrillo spent 20 years behind bars for a murder he did not commit.
While incarcerated, Carrillo earned his GED, but says he always dreamed of going to college. Now he is a 37-year-old, part-time freshman at LMU, and Friday marks the one-year anniversary of his newfound freedom.
He says he feels embraced by the staff and students: "The community of LMU has been great. It's become a sanctuary for me. It has this element of a wonderland."
But it has been a long and difficult road to this "wonderland."
Read NBCLosAngeles.com's story on Carrillo's long road to freedom
In 1991, Carrillo was 16 years old and living in Maywood with his father. He ran with a bad crowd, but had never been in any trouble.
"I definitely wasn't an angel but I definitely was not a murderer," he said.
It was early morning, Jan. 24, 1991, when Carrillo says 15 sheriff's deputies with guns drawn stormed through the front door.
"My dad said in Spanish and I said it in English: 'What's going on? Why?' And no one would say anything until eventually someone said, 'You know why.' And that's all they gave us," Carrillo said.
Carrillo says a "gang" of corrupt and racist Los Angeles County Sheriff's deputies -- known as the "Lynwood Vikings" -- coerced and threatened key witnesses into identifying him in a photo lineup.
Carrillo was convicted of murder and sentenced to two consecutive life terms.
When Carrillo talks about his time in prison, he uses words like "dehumanizing," "demoralizing" and "isolating." He served his last 10 years at Folsom State Prison, where he says he feared for his safety.
"I was very afraid, but I think being afraid was one of the elements that kind of kept me alive because it put me very, very aware of my surroundings," he said.
Web Extra: Franky Carrillo on Life Behind Bars
Carrillo says he did not know the victim of the murder, and that he was at home watching TV when the drive-by shooting happened. He knew a mistake had been committed; the system had gone astray and sent the "wrong guy" to prison.
Carrillo wanted to prove his innocence. He began a letter-writing campaign, begging lawyers and media outlets to listen to him.
Finally, someone heard him.
Carrillo calls Ellen Eggers an "angel" who "lives justice; it just radiates from her."
Eggers, an attorney, says she was convinced of Carrillo's innocence after meeting him just once, and not just because his earnestness and manners, but more importantly because Carrillo had evidence from the real shooter.
Eggers says he showed her "a six-page, scrawled-out, in-pencil, handwritten series of notes that basically is a confession to the drive-by murder that Frankie was convicted of."
Eggers works as a public defender in Northern California, specializing in death-penalty cases. Because Carrillo was a minor when he was convicted, he was sentenced to consecutive life terms, not the death penalty, and therefore did not fall under Eggers' prevue.
But the more she learned of Carrillo's circumstance, the more Eggers was determined to get him freed.
Web Extra: Eggers' Tireless Efforts to Free Carrillo
Eggers took the case pro-bono. She gave up weekends, summers and vacations to prove Carrillo's innocence. She says it was a consuming project.
"The experience of spending that much time with Frankie just bonded me with him so completely. I literally felt that I was locked up with him," she said.
One of Eggers' biggest challenges was that Carrillo's conviction hinged on eyewitnesses.
"There was no DNA in Franky's case. There wasn't even a gun. I mean, it was all just eye-witness testimony," Eggers said.
Eggers was advised that in order for Carrillo to have any chance of getting his conviction overturned, all of the witnesses would have to recant their testimony.
This was a daunting task.
She says the detailed hand-written notes that Carrillo had shown her were critical in getting the witnesses to realize that "a mistake had been made."
Ultimately every witness recanted their testimony.
During one moving and surreal moment in court, a key witness apologized to Carrillo, and Carrillo forgave him, said Eggers.
When witnesses change their original testimony, it is often met with skepticism -- which is why Eggers implored the judge see the exact spot where the teens claimed to be able to see Carrillo as the shooter.
"It is absolutely essential that you see for yourself, so you don't have to know whether the witnesses told the truth back then or they are telling the truth now. You need to see with your own eyes," Eggers told the judge.
The legal teams and the judge visited the crime scene on a night when the moon was similar to the night of the crime. Then they reenacted the drive-by shooting.
This field trip proved invaluable.
Eggers says it proved to the judge that there was "no way, physically possible that anyone standing on the curb could have identified anyone inside that car that was driving by."
On March 14, 2011, the District Attorney's office conceded the case and two days later, Carrillo walked out of prison.
His conviction was overturned. He was free.
Although part-time now, Carrillo has been accepted as a full-time LMU student for the fall of 2012.
LMU President David Burcham says when he first met Carrillo, he was impressed with his "dignity" and that the school felt an "obligation to assist."
"As you know, when a prosecution is brought against an individual in this state, it's brought on behalf of the people of the state of California. We thought that when a mistake is made, that the people of California have an obligation to try to help," Burcham said.
Web Extra: Why LMU Wants Carrillo as a Student
Carrillo is now busy building a full and meaningful future for himself. In addition to being a student, he is politically active and lobbies against the death penalty. He lectures on campus and at juvenile halls about his experiences. He volunteers at an orphanage in Tijuana.
His work at the orphanage clearly moves him. He refers to it as "a jail of little kids that had been forgotten about."
Carrillo tears up when he talks about the connection he feels when he holds a small child.
"It takes me back to a time in prison, where I myself was deprived from human emotion -- being deprived from just being human," Carrillo said.
Despite experiences that few people can imagine, Carrillo says he believes in justice and forgiveness, and hopes to help others in any way he can.
Web Extra: Franky Carrillo on Starting Over
While he was in prison, Carrillo missed out on a lot. His son was born. His father died. He says it hurts him to think that his father did not live to see him free.
Carrillo lost 20 years -- good years, the years when most people go to college and find love and build careers.
Meeting him in person, it is hard not to notice how good natured he is. Polite. Hopeful.
He says although many people would understand if he were angry and bitter, he just can't be.
"I'm not bitter. It defeats the purpose of wanting to be free. I could not imagine my life now as a free man having a frown on my face."
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Leave a Comment:
I hope he got a TON of money for the actions of those bad cops.
Where are these perps today. How come we do not get to read about these corrupt cops in jail.
I admire your sense of forgiveness Mr. Carrillo. Thanks for your example.
It brings up the question though - what percentage of convictions in the US are right, and what percentage are wrongful? Do we get it 90% correct? 95% correct? Even if it is 99% correct, that means 1 out of 100 went to jail wrongfully. There are probably SO MANY cases of wrongful conviction out there, but we all like to assume that the justice system always works, just like on TV. It doesn't.
Cops and prosecutors are human and have lots of political influences that can cause them to make mistakes.
Kevin C-752389,
I haven't been able so far to learn if Mr. Carillo received compensation, but under California law, the maximum compensation he could receive is only $730,000. That's a travesty as compensation for 20 years wrongfully snatched from him. I hope he somehow manages to pursue punitive damages against the LAPD, the City of Los Angeles, the State of California, and individually all the people who were involved in this heinous crime.
Los Angeles did pay a $9,000,000 settlement in a class action suit brought against the LAPD for the activities of police gangs, the Lynwood Vikings among them. This settlement caused the in-house police gangs to go underground for a while, but the gangs have recently begun to flex their muscles (literally and figuratively) again. Mr. Carillo seems forgiving, and I suppose that's a good thing for him, but I hope that he hooks up with some bulldog civil rights organizations that take these perps (the cops, department, city, state, etc.) to the cleaners. He would be doing a great service for the people of Los Angeles.
Lune
In 2009, my ex wife accused me, her husband of rape....I was arrested and put in jail. The Randolph County NC "justice system" found evidence of her perjury 1 month after my incarceration. I was released from jail, but still have the charges on my record--even though the district attorney dropped them. In NC, it's not possible to expunge felony charges--even if they are dropped.
BTW, my ex wife gave birth to another mans child 8 months later....
I have no idea why the DA chose not to prosecute her...I was simply glad to be out of jail and away from her. My lawyer said a civil suit against her would be pointless-- no money to fight over.
Anyway, the issue of unjust incarceration is growing.....and needs reform.
As a minimum-- all charges that do not result in a conviction should be removed from all records.
All individuals involved in malicious prosecution should serve the sentence that they intended for another.
karma, don't worry. Divine justice always prevails because, and this is a guarantee, what goes around comes around. Apparently you were set up.
In order to run faster you must let go of the luggage. Forgive her for your sake. Who knows, maybe a great woman is waiting for you around the next bend.
karmaobserver, I like your suggestions for reform. I had no idea one's record would not be cleared; that is a travesty. Congratulations, too, on your freedom from the ex. Too bad she wasn't held accountable for her actions; she'll almost certainly continue to bring grief to every guy she meets.
Most likely he didn't get compensated. I just hope that he got the conviction purged. In a lot of these cases they are not cleaning the slate on those that were wrongfully convicted. That needs to change, and they need to be compensated. Eyewitness testimony has always been subjective, and FAULTY. People actually don't remember as much as they think they do when these things happen.
The US justice system is faulty. What bothers me the most is how hard it is to get anyone to listen when someone is really innocent. That is why I support the Innocence Project, they have gotten almost 200 innocent souls out of prison. Now, there needs to be laws for compensation. Maybe when there is accountability for wrongful convictions then these Prosecutors and law enforcement people will actually go after the real perpetrators.
There should be a hefty fine of 10k per day for every day a slate remains un-purged of a wrongful conviction.
While it took 20 years for him to get his conviction overturned, at least a small modicum of justice has been served. If he had gotten the death penalty and had been subsequently executed, that would have been game over. No justice served. Good for him for winning his case.
I also wish to echo the sentiment of previous posters by saying, yeah, what about the cops who did this to him? Are they going to be prosecuted, and if not, why? Is there a statute of limitations? And what about the actual shooter? Will the PD re-open the case and try to track the real murderer down? Unless these questions are resolved there can't be anything resembling real justice.
He ought to get SOME kind of compensation. Even then, there's no way to get back those 20 years.
Witness tampering and intimidation is a crime. SO why then didn't these cops go to jail themselves? Epic Fail Los Angeles! Cops need to start paying for effing with people's live under the guise of "doing their jobs"
This is a better human than I could ever hope to be. I doubt I could be so forgiving. Good luck and hope you live a long life.
I think he could teach all of us a lesson in appreciating the beautiful little things in life. I hope he does well in school, and has a good career and long life.
And those responsible get long prison sentences.
Figures it would have been LA have you ever heard of the Zoot Suit Riots or the imprisonment of a guy named Henry Leyvas (I think thats how its spelled its been a while) He and his friends were arrested for a murder they didn't commit then tried together in court. Racism doesn't go away it just hides and waits for a chance to hurt you.
I have to agree with Hoxie! I wonder if 20 years ago anyone would have thought about going to the crime scene to reenact the crime. I hope he is well compensated for this wrong. The only good thing is that the wrong was righted and he will not die in prison.
Even though his Dad had passed, I am sure he was watching over his son & did see him walk free.
Best wishes to Carrillo!
How can we as a society do this to innocent people?
We can never compensate them, however, we owe them a great debt. The debt should be so large that it "hurts" in the hope that our society will be more vigilant and fairer. This man should receive millions from the State of California.
This MAN was 16 years old. No amount of money can make him whole again. Those who put him behind bars need to be put behind bars for 20 years...an eye for an eye.
I did 29 years at Honeywell. Good God almighty, free at last.
Nice that they finally got it right.
And what happened to the pigs who stole so much of his life from him? Yeah, you know - not a damn thing.
This sort of garbage will continue to happen until those responsible - the cops, the DA, the prosecutor - are made to suffer for their actions and do hard time. The United States is the world's number 1 jailer with upwards of 2 and a half million behind bars and more added every day. How many of those are innocent or only guilty of non-violent drug "crimes?!"
Free country - HAH! And we have the gall to preach to others about human rights.
Have you been overseas?? I have. Overseas he would not have seen the light of day! Most countries put you in the dark crevices of evil just for being caught with marijuana! Better yet, stone you to death for having been raped and becoming a disgrace to your family!! We have so many prisoners because so many feel they have right as Americans to do as they feel no matter the end results. We as Americans at least have a right to rectify a wrong. Would you rather have real criminals on the street? Do you know any police officers personally?? I do. Not ALL police are bad... you just hear about the bad ones more often compared to the many that have done good. Without law and order, this would be a country of mayhem just like most foreign countries.
I applaud Mr. Carrillo for his fortitude and the ability to move on with his life without bitterness!! I wish him all the best life has to give him!! You should learn from him since you portray yourself as a very bitter person!
tess8629,
There are about 196 countries in the world. A simple majority of those (not the same as "most") would be 98 countries. The word "most" indicates more than a simple majority, in fact a number much closer to the whole, but let's split the difference and say that "most" of these 196 countries is 147 countries.
Would you point me to your source indicating that 147 countries of the world throw people into "the dark crevices of evil" or stone them? Would you also reveal how many of these 147 countries you've actually visited in your overseas travels?
Thanks,
Lune
Go Google it Lune Tunes.
Ray-2194047,
Six countries allow stoning as a method of execution; that's somewhat shy of 147 countries. In 70 countries, possession of marijuana is illegal (still somewhat short of 147 countries), but not a single one of these countries condemn possessors to the dark crevices of evil. The harshest sentence that I've so far found is two years' imprisonment. Perhaps to a hardcore cannabis user, that might count as condemnation to the dark crevices of evil.
Lune
But, tess, if you compare the US to other western, developed countries, we are (I believe) the only one still with capital punishment, and the jails in the US treat prisoners much more harshly.
He should write a book about it and name everybody he can remember.
Two real American hereos:Eggers and Carrillo. As the Irish say Mr. Carrillo : May the road rise to meet you, may the wind always be at your back and may the sun shine brightly upon you. You deserve it.
Sold a vehicle once. The guy said he would bring my tags back to me and I said fine. About a month or so later the cops show up and arrest me for driving on a suspended license. Anyway I notice that the description says 6' tall, red hair and 230 pounds. I am 5'8" blond hair and 175. So I show that to the cop and he is like sorry only doing my job. Go to court and notice that the cops are laughing and looking at me and then see they are looking at the desription making jokes. Well the DA looks at it and says "well he could have had weights in his pockets" serious as a heart attack. Took me into the judge and actually tried to prosecute me. If the judge had been less honest I would have been screwed. This type of thing happens alot more than we are led to believe. Once they have someone-anyone they are happy and case closed lets move on to the next one!
SOON AS HIS BOOK DEAL IS SIGNED ; someone will have made a very smart investment
Another good argument against the death penalty. If Mr. Carrillo had been over 16, he may now be dead instead of free. There really are people in prison who "didn't do it".
The county should pay him plenty. But it should also be prosecuting the corrupt sheriff's deputies who coerced the witnesses. If they're really sorry Carrillo was convicted, they should testify against the real crooks.
Another wrongful conviction, another reason to get rid of the death penalty.
Eyewitness evidence is unreliable. Eyewitness evidence is unreliable. Eyewitness evidence is unreliable. That should be tattooed on the forehead of every prosecuting attorney in the country for every judge and jury to see.
At best an honest witness sees what they want to see and hears what they want to hear. At worst a judge or jury sees what they want to see and hears what they want to hear.
Rap
BS. There's no proof he is NOT guilty. They just paid the witnesses to recant.
Where exactly is your proof of that? Or do you just say it because you want to believe it? BTW, justice in this country isn't based on proving you are "not" guilty. Otherwise, we'd all be in jail for something because we couldn't prove we didn't do it.
Patricial Paulson...oh, I guess you don't believe that innocent people go to prison. Google the Innocence Project and watch some PBS Frontline programs. These will open your eyes!
kiujyhg
He will back in jail soon. They always do.
Hoxie and Elizabeth- Great post's and I agree, to not carry hate in your heart, to find forgiveness and peace, show's what he is really made of. I wish him the best of luck in the future!
n-w-a said it best.. f%uck the police.. watch the show billions behind bars..
The Federal justice Dept. Should seek out these bad cops and put them in prison. But they are allowed to roam free just as thugs. and there will be no justice.
What's happened to the Lynwood Vikings? What's the rest of the story?
Actually, the poeple he needs to sue are the individuals responsible for them robbing him of precious time. Yes, the City needs to compensate him for his troubles, but he should hook up with someone who can take those cops personally to the cleaners instead of the city paying damages. Take it out of their pockets. Have the city pay and then make the officers pay the city.