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It all began shortly afterward i p.grand., on June 26, 1971, when 21-year-old Gregory Harris left his home in Detroit, Michigan to buy cigarettes. He never returned.
The following day, his wife constitute his car, abased and with what appeared to exist bloodstains on the front seat. Although police examined the car, they took no samples or photographs and returned information technology to Harris's married woman, who cleaned the vehicle.
On March 3, 1972, a highway maintenance worker found Harris's body in a cluster of copse about 20 anxiety from the road near 19 Mile Road and Dequindre Road virtually Troy, Michigan. After his married woman identified him by his clothing, an dissection revealed he had been shot in the head.
On March 15, 1972, less than two weeks subsequently Harris's body was constitute, Fred Mitchell was arrested on charges of armed robbery and carrying a concealed weapon. He told the arresting officers he wanted to speak with detectives.
Mitchell had been bedevilled previously of manslaughter and was Harris's brother-in-law. Mitchell had been considered a suspect in Harris'due south disappearance since shortly after he went missing. Police stopped Mitchell in July 1971 and confiscated a .22-caliber pistol from him. In November 1971, detectives questioned him almost Harris. Mitchell would later merits that at the time, he implicated two other men—25-yr-former Richard Phillips and 23-year-old Richard Palombo—although no record of that interview was ever found.
In March of 1972, just days later Harris's body was plant, Mitchell told the detectives that Palombo and Phillips had killed Harris. Mitchell had met Palombo when both were in prison—Mitchell on the manslaughter conviction and Palombo on an armed robbery conviction. At the time that Mitchell was interviewed, Phillips was in prison for an armed robbery conviction.
Days after, Palombo and Phillips were charged with starting time-degree murder and conspiracy to commit murder.
They went to trial in Wayne County Circuit Court in September 1972. The prosecution presented evidence that ballistics testing had linked the .22-quotient pistol confiscated from Mitchell in July 1971 to ii bullets recovered from Harris's trunk.
Mitchell's testimony was the only evidence implicating Palombo and Phillips. During 4 hours on the witness stand, Mitchell said he knew what happened because Palombo and Phillips told him in slap-up detail. He said Palombo had been testing him to run into if he could keep placidity. Mitchell claimed that if Palombo deemed him acceptable, he would put in a good word for Mitchell with Palombo's cousin, Jackie Fanelli, who was a member of organized crime.
Mitchell said he met with Philips and Palombo on three occasions to plan the murder, and that Phillips said that Harris would be killed. If Mitchell could show he could keep his rima oris close, Mitchell would exist given a contract to kill Harris's brother, Alex Harris.
Gregory Harris was targeted, Mitchell said, considering he had allegedly robbed Palombo'south Mafia cousin. Palombo and Phillips solicited him because he was Harris's brother-in-law, and could lure Harris to a place where he would be shot.
Mitchell said that three days before the murder, Palombo and Phillips brought in another human, whom he knew only every bit "Pooch," to bulldoze the auto. On June 26, 1971, Palombo and Phillips came to Mitchell's home, and Mitchell chosen Harris and asked him to come over.
When Harris arrived, Mitchell, Palombo, and Phillips got into his car and the iv of them collection off, stopping to pick up Pooch. Mitchell told the jury that he had convinced Harris they were going to commit a burglary together. Mitchell claimed that he was dropped off at a bar to act equally a watch.
He said he remained in the bar for two hours until Palombo and Phillips arrived at that place in a taxi. He quoted Palombo equally saying that "the bill had been collected," which he understood to hateful that Harris had been killed. When the trial judge expressed defoliation nearly the statement, Mitchell said that Phillips said they had "got" Harris.
Thirty minutes later, they took a cab to Mitchell'due south house where, he said, Phillips and Palombo gave a "detail for item" account. Mitchell testified that he was told that Pooch was driving with Palombo in the front seat, and Phillips and Harris in the back seat.
After Pooch parked the car in an alley, Phillips shot Harris in the dorsum of the head, Mitchell said. Palombo then shot Harris in the abdomen. They then collection out to near Troy, Michigan and dumped the body.
Mitchell said that three days later, he met with Palombo, who was carrying a pillowcase containing several .22-quotient pistols. Palombo gave him the gun that Mitchell was carrying when police stopped him in July 1971. That was the weapon that law confiscated and had been linked to the shooting through ballistics testing.
During cross-exam, Mitchell admitted that he had given varying statements to constabulary and at a preliminary hearing. For example, he previously told constabulary that when he was dropped off at the bar to be a lookout, Pooch had yet to be picked up. He admitted that he really didn't retrieve "exactly what happened" near Pooch. He also admitted that he initially told detectives they had all decided where to dump the body before the murder occurred, although he had told the jury he didn't learn the location until afterwards the murder.
Mitchell admitted that he gave a variety of different explanations near the murder weapon. He starting time said that Palombo gave him several guns, but not in a pillowcase. In another interview, he said Palombo called him the day after the murder and reported throwing guns over a bridge to Belle Isle, an island in the Detroit River between Michigan and Ontario, Canada. And in another interview, Mitchell said merely that Palombo had given him one gun—the murder weapon—the day after the law-breaking.
The defence force focused its efforts on attacking Mitchell's credibility and suggesting that he had killed Harris. In addition, 3 witnesses were called for the defense. One testified well-nigh Palombo's employment. Palombo'due south parents as well testified that there was no cousin named Jackie Fanelli, and that no family unit members belonged to the Mafia.
On Oct 5, 1972, the jury bedevilled Palombo and Phillips of starting time-degree murder and conspiracy to commit murder. They were both sentenced to life in prison without parole.
The Michigan Courtroom of Appeals upheld their convictions in 1975.
In 1989, Palombo filed a petition for a hearing on a motility for new trial challenge that his trial defence force lawyer had provided an inadequate legal defense for failing to discover that the prosecution had made a deal with Mitchell for leniency on the armed robbery charge—a bargain that had not been disclosed to the defense prior to trial. Mitchell had denied getting a deal when he testified. After a hearing, Palombo was granted a new trial when the trial judge concluded the prosecution had failed to disclose the bargain.
When Phillips learned of that ruling, he filed a like motion for a new trial, which was granted. Withal, in 1993, the Michigan Court of Appeals reversed the decisions and ruled that there was insufficient evidence of prosecutorial misconduct.
In 1997, Phillips filed a motility for relief from judgment. Eleven years later, in 2008, he was granted a new trial by a judge who ended that Phillips's trial defense attorney had provided an inadequate legal defense. The estimate ruled on merely ane event raised in the movement, finding that the lawyer had failed to request a cautionary jury didactics on the effect of accomplice testimony. Ii years later, after the prosecution contended it had not received detect of the ruling, the club granting a new trial was reissued. The prosecution appealed and in 2010, the Michigan Court of Appeals again reversed the ruling granting a new trial.
In August 2010, Palombo appeared earlier the Michigan Department of Corrections Parole Lath to testify in support of a petition for charity he had filed. After denying interest in the crime for nearly xl years, Palombo admitted nether oath that he and Mitchell had committed the murder.
Palombo said that he met Mitchell in prison. Mitchell told him that after he was released, he was going to kill Harris because Mitchell had but learned that Harris stole $500 from Mitchell's mother.
Palombo described how he and Mitchell cased out a convenience store as a place they could rob. Withal, Palombo said that because it was daylight and they didn't have a vehicle, they abandoned that idea. He walked to a nearby double-decker stop to go domicile and Mitchell walked away, proverb, "I'yard going to effort to become u.s.a. a ride."
Palombo said he was still at the bus stop non longer after when a car pulled up. Mitchell was in the passenger seat and Harris was behind the bicycle. "He said, 'Become in. I got us a ride,'" Palombo recalled.
Palombo said that afterward he got into the dorsum seat, Mitchell told Harris they were going to commit a robbery. On the way, Harris stopped at a shop to buy cigarettes.
While Harris was inside, Palombo said Mitchell demanded that Palombo hand over his gun. As Mitchell tucked it into his waistband, he said, "That'south the guy..that stole the coin from my mother. I'm going to get him.
Harris came out and got backside the wheel. Mitchell directed into to a nearby alley and told him to stop well-nigh a cake curt of the store that Harris was told they were going to rob. But instead, Mitchell shot him as he sat behind the wheel. When Harris fell out of the automobile, Mitchell got out and shot him in the head, Palombo said.
Asked about Phillips's involvement, Palombo said Phillips wasn't there. "I did not know Mr. Phillips at the time," Palombo said. "And as far as I know, he had nada to do with annihilation."
Palombo said Mitchell knew he could pin it on Phillips because afterwards Harris was killed, Phillips had been arrested for an armed robbery based on a witness who erroneously identified him. In fact, Mitchell had committed the robbery, Palombo said.
Charles Schettler, Jr., a Michigan banana attorney general representing the prosecution, repeatedly questioned Palombo about why Mitchell falsely accused Phillips and suggested that Palombo was lying. "I take no thought near that," Palombo said. "All I tin can tell you is that I met Mr. Phillips on July 4, 1971. It was eight days after the murder."
Pressed further, Palombo said, "All I know is that they [Mitchell and Phillips] got picked up together for an armed robbery and Mr. Phillips was convicted of the armed robbery and Fred Mitchell told [Phillips] he was the i who committed the armed robbery. Then [Fred] turned around and implicated him in the murder."
Palombo added, "I'm trying to tell you the truth and I'm trying to be honest and precise with what I tin can recall. It'due south been 39 years."
In 2014, Palombo's attorney approached the Michigan Innocence Dispensary at the University of Michigan Law School and reported Palombo's testimony. The clinic then visited Phillips, who had steadfastly maintained over the years that both he and Palombo were innocent.
Phillips agreed to take a polygraph test. On December 8, 2015, he took the test and the examiner ended Phillips was truthful when he denied any involvement in the crime.
In 2016, the Michigan Innocence Clinic filed a supplemental move for relief from judgment based on Palombo's sworn testimony as well as the result of the polygraph exam.
On August 8, 2017, Wayne County Circuit Court Gauge Kevin Cox granted the motion. On December 12, 2017, Judge Cox granted bond for Phillips and he was released on Dec 14, 2017—more than 45 years since his October 5, 1972 conviction.
In January 2018, Wayne County Prosecutor Kym Worthy created a conviction integrity unit and hired erstwhile Michigan State Appellate Defender Office chaser Valerie Newman to head the office. During a review of the instance, Newman discovered further evidence that Mitchell had lied at the trial when he talked about meetings with Palombo and Phillips prior to the murder. Prison records showed that Palombo had been released from prison on parole ane day before Harris'south murder, and thus could not have met with Mitchell and Phillips every bit Mitchell had testified.
On March 28, 2018, post-obit a review of the evidence, the prosecution dismissed the charges. Worthy issued a statement saying, "It has been determined that the instance against Mr. Phillips was based primarily on the false testimony of the main witness in the instance….The arrangement failed him. Nothing that I can say will bring back years of his life spent in prison. Justice is truly being served today. We will recommend to the Michigan Attorney Full general'southward Function that that Mr. Phillips receive wrongful conviction compensation."
In May 2019, the state of Michigan awarded Phillips $1,565,479 in compensation.
Posting Date: four/i/2018
Last Updated: 7/26/2019
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Source: https://www.law.umich.edu/special/exoneration/pages/casedetail.aspx?caseid=5298