Valentino Dixon - "Overwhelming" Mistaken ID

Dixon, Valentino; murder; NRE: mistaken witness identification, perjury/false accusation, prosecutor misconduct, police officer misconduct, withheld exculpatory evidence, misconduct that is not withholding evidence, knowingly permitting perjury, witness tampering or misconduct interrogating co-defendant; "OVERWHELMING"

Suggestibility issues

[626:900]; 4th Dept. 4/28/95; affirmed

"The conviction arises from an incident...when [Dixon] [???] fatally shot a 17-year-old male with an Uzi machine gun...[and] also attempted to kill the victim's brother and another teenager with the same gun. Those young men survived the shooting and identified [Dixon] as the perpetrator of the crimes.

"[There was] overwhelming evidence of guilt..."

"[The jury's] verdict is not against the weight of the credible evidence..."

[The 4th Dept. 'justices' who signed off on this were John P. Balio, John J. Callahan, Leo J. Fallon, Samuel L. Green, and Richard C. Wesley ]

613 F.Supp.2d 330; W.D.N.Y. 5/5/09; writ denied

"Dixon was charged with...murder in connection with the fatal shooting of Torriano Jackson...Dixon also was charged with attempted second degree murder with regard to the shooting of Torriano's brother, Aaron Jackson...and first degree (deadly weapon) assault with regard to the shooting of John Sullivan III...The prosecution presented six eyewitnesses -- Aaron Jackson, Travis Powell...Sullivan, Emil Adams...Robert Lewis...and Fred Stancil...Three of them -- Sullivan, Adams, and Aaron -- identified Dixon as the shooter. Although there were some minor differences in the details related, their descriptions of the shooting essentially were all consistent. "During the prosecution's case, all six witnesses testified that there was an argument followed by a physical fight between brothers Aaron, Torriano, and their friend Powell on one side, and Mario Jarmon...and two of his friends, Leonard Brown...and Antoine Shannon...on the other. [FN2: The record indicates that Brown and Shannon are [Dixon's] half-brothers.] According to the prosecution's witnesses, none of the participants in the fight had a gun, and no shots were fired during the fight by any of them.* These witnesses also stated that the gunman was not involved in the fight, but rather approached the group some time after the confrontation began. The shooter first sprayed bullets from an automatic weapon into the crowd that had gathered in order to disperse them. He then shot directly at Aaron as he tried to crawl into his car, and fired numerous shots into Torriano as he lay wounded in the street." [Latter emphasis original.]

[* That's not correct. See below, where Sullivan says Torriano shot him.]

[Aaron Jackson's testimony:]

"Twenty-one-year-old Aaron was Torriano's older brother. Aaron was driving around with his friend Powell in Powell's mother's car, a yellow Geo Storm, on the night of August 9, 1991...They stopped at a convenience store next to the Norstar Bank so that Powell could buy cigarettes. When Aaron was waiting in the car for Powell, Aaron was approached by Jarmon, Brown and Shannon. Of those three men, Aaron only knew Brown...Jarmon said something to the effect of, 'let's just get out of the car and let's take care of this.'...Jarmon started talking about someone who had pointed a gun at his cousin's head...Aaron testified that he did not know what Jarmon was talking about..."

"Aaron then moved over to the driver's side of the car and pulled up to the front of the store, calling for Powell. Powell exited the store, and he and Aaron left the scene. They drove to Aaron's home, where they picked up his younger brother, Torriano, at around 11:30 or 11:45 p.m....Torriano had not been with the two earlier because he had been working at Burger King...Aaron claimed that he 'felt safer' having his brother around after Jarmon had accosted him."

"Aaron, Powell, and Torriano proceeded to drive back to the area around the store parking lot so Aaron could point out Jarmon to Torriano, thinking maybe Torriano would know who Jarmon was...No one was there, however, so the three drove around...to various parties...According to Aaron, they consumed no alcohol or drugs."

"After the night of party-going, during the early morning hours of August 10, the Jackson brothers were asleep in Powell's car. Powell was driving. As they passed by the location where Jarmon had confronted Aaron, Powell nudged Aaron awake and pointed out Jarmon to him...Powell asked, 'Isn't that the guy we saw earlier?'...Aaron agreed and asked Torriano if he knew him; Torriano said he did...Torriano did not say who the guy was, just that he had 'seen him around.'..."

"Aaron testified that Jarmon gestured to him and said, 'Come on, let's do it.'...Aaron got out of the car and ran up to Jarmon. He was followed by Torriano. Powell was parking the car...Aaron testified that neither he nor his brother Torriano had a weapon of any kind..."

"Since Jarmon had said earlier that he wanted 'to see' Aaron, Aaron said to him, '[W]ell here I am. . .what is the problem now?' Aaron said that Torriano addressed Jarmon, too, saying 'You didn't know this was my brother, did you?'..."

"Aaron recalled that there were two or three 'other guys' with Jarmon, standing two or three feet away. Jarmon turned his back so that Aaron and Torriano had to turn their backs to the 'other guys.'...Jarmon 'put up his hand as if [sic] to throw a blow so [Torriano] hit him,' and at that point Torriano hit Jarmon, causing Jarmon to stumble and fall...Aaron testified that while Jarmon was on the ground, Aaron hit him and kicked him. Their friend, Sullivan, who had not been involved with any of the confrontation between these two individuals before, ran up and tried to break up the fight...."

"As Aaron and Torriano were hitting Jarmon, Aaron heard somebody say, '[Y]ou better run, Tino is going to his car.'*...Then Aaron heard 'a lot' of rapidly fired shots...[He] recalled that the shooter came from behind him, on his right...Aaron said that as he felt the shells striking his body, he hit Torriano's hand and told him to 'get out of here.'...Aaron ran towards Louie's hot dog shop, while Torriano started running toward the store...."

[* Whether or not 'Tino' -- presumably meaning Valentino Dixon -- actually was 'going to his car,' Aaron (and perhaps others as well) hearing that being said (or at least, stating that he/they did) may well have 'started the ball rolling' towards this wrongful conviction.]

"Aaron turned to see where the shots were coming from, and felt a sharp pain in his stomach...Stumbling, he saw Torriano fall to the ground...Aaron testified that he watched the shooter walking up slowly and 'a lot' of sparks coming from the shooter's direction...Torriano was lying on his back on the street...Aaron stated that the shooter, who was about ten to fifteen feet away, moved over Torriano and continued firing into him...Aaron indicated that he could see the gunman's face as he shot Torriano..."

"Aaron crawled into the Geo and looked at the ignition for the keys, thinking he might run the shooter over with the car...Aaron saw that the shooter's focus had left Torriano and had shifted to himself...Aaron thought the shooter was going to shoot into the car, as shots started coming in that direction and he 'heard a shot hit the top of the car.'...However, Aaron saw the shooter turn back and keep firing at Torriano...Aaron tried to get out of the car to help his brother, but he could not walk and fell to the ground, unable to move due to his injuries...."

"The firing finally stopped and the shooter left the scene...Torriano looked to Aaron and asked if Aaron could help him. Aaron replied that he was shot and could not move...The police arrived first, followed by an ambulance...By that point, Torriano had been moved by someone else (Powell) to the parking lot next to Louie's...Aaron was taken to the hospital, where he spent three weeks and underwent three surgeries, including placement and removal of a colostomy bag..."

"Aaron identified the shooter as Dixon...Aaron stated that he had known Dixon before the shooting...Aaron admitted that he had not been introduced to Dixon, but he had seen Dixon driving around in his car and someone had pointed out Dixon to him before."

"While Aaron was in the hospital, he was shown a six-photograph array by the police which included a photograph of Dixon in position four. This was less than forty-eight hours after the shooting. Aaron selected [Dixon's] photograph...At trial, Aaron at first testified that he had told the police that photo number four was 'definitely' the shooter...On cross-examination, defense counsel confronted Aaron with the 'photo array identification affidavit,'...dated August 12, 1991, attached to the photo array. On the accompanying documentation, Aaron identified photo number four as the person 'who looked like the guy that shot my brother.'...Aaron notes on the statement that the person in photo four 'was there,' but states, 'I cannot be sure because it happened so quick.'...Based on this affidavit, trial counsel forced Aaron to admit that his prior testimony was incorrect when he stated he told police number four was 'definitely' the shooter."

"Trial counsel cross-examined Aaron further about his ability to identify Dixon, suggesting that Aaron had been influenced by watching media reports of the shooting and by the length of the investigation.

[Travis Powell testified largely to the above, except that he did not see the shooter's face.]

[Emil Adams did see the shooter's face, and identified him as Dixon. He described the shooter as six-feet tall and 'heavy-set.']

"[T]rial counsel challenged Adams' description of Dixon as 'heavyset' by having [Dixon] stand up for Adams' observation. Adams admitted that [Dixon] was not heavyset."

[John Sullivan testified similarly, and also identified Dixon as the gunman.]

[Robert Lewis could not identify shooter, but said he was 'short'; a 'little shorter' than him -- he's 5'11". Otherwise similar testmony.]

[Fred Stancil could not identify shooter.]

[ Detectives James Lonergan, Frank Tucci, and John Vickard assigned to case; also, Officer James Diegelman; ADA Christopher Belling. ]

[Lamarr Scott was actual shooter.]

[Mario Jarmon also gave statements on Dixon's behalf.]

[Magistrate claims Scott, Jarmon gave varying, inconsistent statements.]

[Also Leonard Brown, Antoine* Shannon, Michael Bland, Walter Lee Dennis, Wendell Williams, Floyd Fisher, Tamara Frida, Anthony Watkins gave exculpatory statements. Magistrate says all inconsistent, non-credible, etc.]

[* This name is also spelled 'Antwan' in the record.]

from NRE synopsis (by Maurice Possley):

"At about 1 a.m. on August 10, 1991, nearly 100 people were hanging out at the intersection of East Delevan and Bailey Avenues near Louie's Texas Red Hots in Buffalo...when a fistfight broke out.

"Two brothers, 17-year-old Torriano Jackson and 20-year-old Aaron Jackson, were atop 19-year-old Mario Jarmon kicking and punching him, when someone yelled, 'Watch out, he's got a gun.' As people scattered, more than two dozen gunshots rang out.

"When the shooting stopped and people began to return to the intersection, Torriano Jackson was dead. Aaron Jackson and Sullivan were wounded. A bystander, 17-year-old John Sullivan III, suffered a graze wound on his leg.

"Police collected 27 nine-millimeter shell casings, one .22-caliber casing, one .32-caliber casing, and two guns -- a .32-caliber pistol and a .22-caliber pistol.

"Not long after, police said an anonymous caller said the shooting was the culmination of a feud over a girl...who had dated one of the Jackson brothers and 21-year-old Valentino Dixon.

"Sullivan, who was a friend of Torriano Jackson, viewed a photographic lineup and identified the gunman as someone he knew as 'Tino.' Sullivan said he saw the gunman stand over Torriano Jackson and fire at least five shots at the prone and already wounded Torriano.

"Less than 10 hours after the shooting, police arrested Dixon at Jarmon's house, just a couple of blocks away from the shooting.

"Dixon was subsequently identified in photographic lineups by Sullivan, Aaron Jackson, and a bystander, Emil Adams. Dixon was charged with the murder of Torriano Jackson, the attempted murder of Aaron Jackson, the assault of Sullivan, and criminal possession of a weapon.

"At the time, Dixon was out on bail awaiting sentencing after having pled guilty in June 1991 to two drive-by shootings* -- one in April 1990 that injured no one, and another in November 1990 that left one man slightly wounded.

[* This is probably why authorities 'liked' Dixon for the present crimes, and perhaps then cut corners, and 'made sure' that witness statements etc. conformed to that belief.]

"Police interviewed Sullivan at the hospital. He said Torriano Jackson shot him.* Two other witnesses, including Dixon's half-brother, Antoine Shannon, said the gunman was 19-year-old Lamar Scott."

[* So much for the (repeated) assertion that none of those involved in the actual fight had a gun.]

"Three days later, a Buffalo television station reported that someone else had confessed on video tape to being the gunman. The station did not identify him, but police quickly learned the man was Scott. At the time, police believed that Dixon was a drug dealer and that Scott worked as his bodyguard. Detectives interviewed Scott, who said that he shot the Jackson brothers after they began shooting at his friend Dixon. Scott offered to take a polygraph test. That offer was rejected and police discounted Scott's confession."*

[* That's likely because, by then, authorities had traveled way too far down the 'tunnel' (as in, Tunnel Vision. )] "Witnesses described the gunman as six foot tall and more than 170 pounds (some said the gunman was heavy-set). Scott was just over six feet tall and about 200 pounds. Dixon was five feet, 7 inches tall and about 130 pounds."

"The Erie County [DA's] Office presented evidence to a grand jury. Among the witnesses called were Scott, Harmon, and Shannon. Scott recanted his earlier confession and implicated Dixon as the gunman. Shannon and Jarmon, however, told the grand jury that Scott was the gunman.

"As a result, Jarmon and Shannon were charged with perjury.

"In August, 1991, Dixon was sentenced to 3-1/3 to 10 years in prison for the two shootings to which he previously pled guilty.

"Dixon went to trial in June 1992 in Erie County...The prosecution's testimony consisted largely of the testimony of Sullivan, Aaron Jackson, and Emil Adams -- all of whom identified Dixon as the gunman -- although the physical descriptions they gave right after the shooting fit Scott, not Dixon.

"Sullivan, who was facing a rape charge at the time of the trial, admitted that he was a friend of Torriano Jackson and that the shooting occurred after he had spent the day drinking beer, smoking cocaine, and smoking marijuana. He estimated that he was 100 to 150 yards away when he saw Dixon firing his weapon."

[So, Sullivan was drunk, as well as high on marijuana and cocaine. And, he's more than the length of a football field away from the shooting. And yet, he can still identify the shooter?]

"[One witness] testified he saw two people walking toward the brawl involving the Jackson brothers...He said Dixon was the shooter, although he admitted that at the time, he said the gunman was 'heavyset' and that Dixon was not heavyset.

"Aaron Jackson testified that just before the shots were fired, he and Torriano had Jarmon on the pavement and were beating him. He first told police that he didn't know who the gunman was. When he was shown a photographic array that included Dixon, he said he couldn't be sure if Dixon was the gunman because 'it happened so fast.' At the trial, however, Aaron identified Dixon as the gunman. Confronted with his prior statements, he said, 'My memory gets better with time.'"*

[* That's ridiculous; no one's memory works like that. What got better with time was Aaron's confidence that Dixon was the gunman, fuelled by suggestive interviewing as well as media coverage.]

"On June 12, 1992, the jury convicted Dixon of second-degree murder, attempted murder, assault and criminal possession of a weapon. He was sentenced to 38-1/3 years to life in prison.

"In April 1995, the Appellate Division...upheld Dixon's convictions on appeal.

"In 2003, Dixon moved for a new trial. The motion said that Adams had recanted his identification of Dixon as the gunman, saying the police threatened to charge him with perjury unless he falsely identified Dixon. The motion also cited Scott's admission that he was the gunman..."

"The motion said three other witnesses had been located who identified Scott as the gunman. One of those witnesses said that after the shooting, Scott came to her home and admitted that he was the gunman.

"In July 2004, the Buffalo News published an in-depth investigation of the case. Scott confessed to the newspaper that he was the gunman. Scott said that he and Dixon had driven to Jarmon's home and they walked to the intersection to hang out. When they saw the fight between the Jacksons and Jarmon, Scott said he went back to Jarmon's home, retrieved the TEC-9 and came back. He said he got the gun for self-defense and that Torriano opened fire at him,* so he shot back."

[* Again, this contradicts the oft-stated assertion that none of those involved in the actual fight had a weapon. Also recall that the 27 nine-millimeter shell casings were not the only ones found; there was also one .22-caliber casing, one .32-caliber casing, as well as two actual pistols of those calibers.]

"'I shot back in self-defense, yes,' Scott told the newspaper. 'After that, I ran down the street, and I threw the gun. I went home. That was it. . .Because [Torriano Jackson]. . .opened fire on us, I emptied the clip.' Scott was in prison by then. In November 1993, he had robbed a group of teenagers and shot one in the face, leaving him a quadriplegic. Scott was convicted of attempted murder and sentenced to 25 to 50 years in prison.

"A month later, in August 2004, Dixon's motion for a new trial was denied. He was denied permission to appeal.

"In September 2004, after Dixon's family gathered more than 800 signatures on a petition asking for a new trial, Erie County [DA] Frank Clark said his office would review the case and determine if a miscarriage of justice had occurred. Nothing came of the review.

"In 2005, Dixon filed a federal petition for a writ of habeas corpus. More witnesses had come forward saying either that Scott was the gunman or that Dixon was not the gunman. The results of two polygraph examinations also were filed. The examiner said Dixon was truthful when he denied being the gunman or telling Scott to falsely confess to the shooting. Antoine Shannon, Dixon's half-brother, was found to be truthful when he said Scott was the gunman.

"The petition was denied in 2019."

"In 2017, Dixon applied for a gubernatorial pardon, but no action was ever taken on the request.

"In May 2018, Dixon's attorney, Donald Thompson, filed another post-conviction petition seeking a new trial. By that time, Dixon was the subject of two investigative reports that asserted he was innocent...[S]tudents from Georgetown University's Prisons and Justice Initiative...reinvestigated Dixon's case and created a video documentary containing interviews with more witnesses who said Dixon was not the gunman. During an interview for the video, the trial prosecutor, Christopher Belling, said that Dixon's clothing had been tested for gunshot residue and was negative. That information had not been disclosed to Dixon's defense at the time of his trial.

"Not long after, Erie County [DA] John Flynn agreed that the office's conviction integrity unit would review the case. After interviewing 30 witnesses, including 12 who either identified Scott as the gunman or said Dixon was not the gunman, as well as Scott, who continued to assert he was the gunman, the prosecution agreed that Dixon's conviction should be vacated."

[It bears repeating that the descriptions of the gunman provided by Aaron, Sullivan, and Adams right after the shooting matched Scott, not Dixon.]

"On September 19, 2018, Scott pled guilty to manslaughter in return for a sentence that would run concurrently with the 25-to-50-year sentence he was serving. That same day, Dixon's convictions for second-degree murder, attempted murder, and assault were vacated and the prosecution dismissed the charges. The conviction for criminal possession of a weapon remained intact because the TEC-9 that Scott said he used in the shooting belonged to Dixon.

"Dixon was then freed from prison more than 27 years after his arrest in 1991.

"In December 2019, [Dixon] filed a lawsuit in U.S. District Court...against the City of Buffalo, several members of its police force, Erie County, and Belling. The lawsuit claimed multiple acts of misconduct by Belling. The lawsuit said Belling 'coerced witnesses into fabricated statements, ignored and suborned police misconduct, including perjury, suppressed exculpatory evidence, including gunshot residue evidence, and threatened exculpatory witnesses into either false recantations or silence.

"In September 2020, Dixon filed a claim for compensation in the New York Court of Claims. The claim was dismissed in 2021."

[All emphases added unless otherwise noted.]