Trial 4 (2020): Season 1, Episode 8 - The Ending Explained - full transcript
Sean called me.
It was about, what, 9:30?
It was late.
Whenever I get a call that late,
to me, it is not good news,
so, you know, I tell people,
"Don't call me unless it's important."
When you told me that Rollins won,
another dream come true.
Okay?
In terms of our future looking better.
The daughter
of an Irish man and a Black woman…
…is about to change
the criminal justice system.
- Yes.
-That's what's promising.
We were outraised two to one.
We didn't have the incumbent behind us,
we didn't have the mayor behind us,
but we had the people behind us.
Absolutely.
Where's mi gente?
Mi gente! My brother!
She understands.
She's from that community.
-She knows how that community is policed.
- Mm-hm.
She's from Boston.
She knows what Boston's about.
So, she knows she can win without them,
without the police,
the union,
which is a very powerful union, um…
and so it's not like she's to be persuaded
by their politics.
We're gonna change Boston.
This is what the new face of Boston
looks like.
"Rollins rolls to victory
in Suffolk County DA's race." Awesome!
She had 81% of the vote.
Go Rachael!
That's awesome.
Hopefully, she's willing to bring change.
-Yeah.
-We've had this administration for so long
and they haven't been willing
to do a thing for us, so I'm hopeful.
Cautiously optimistic, but hopeful.
So that's a good thing.
-I'll see you back at the office?
-See you at the office.
Thanks.
Well, I mean, they can't stop her
from not prosecuting the case,
but she's gonna have to weigh the fact
that she has to deal with the Boston
Police Department Homicide Unit
on major cases all the time.
She has to deal with them every day.
And she has to deal
with the public perception
that she let a cop-killer walk,
that's what they're going to be saying,
that's what the Boston Police
Patrolmen's Association is going to say:
"The new district attorney,
as one of her first official acts,
decided not to prosecute a cop-killer."
If you're a politician,
do you want that press conference?
If the John Mulligan murder case
does get overturned,
and it becomes her decision,
I would imagine that not only
the four Boston Police unions,
but every other police union,
certainly in Suffolk County,
and everywhere,
I would think there are going to be
a lot of really infuriated people.
It's outrageous.
You can't do this.
Could they prevent her? Probably not.
She's going to be
the Lord Chief and Executioner.
She's going to be the…
She's going to be God.
She chooses not to prosecute it,
this is a bad thing for Boston.
It's a bad thing for
District Attorney's offices everywhere.
- Sean!
-Hi.
How are ya?
-I'm well. How are you?
-Good! I haven't seen you in forever.
-I know.
-How you doing?
-I'm well. Thanks for having me.
-Good. Thanks for coming in.
What's the buzz on the street
about Rachael?
-That she's not an insider.
- Good. I think that's good.
I-- I believe so too.
I hope she wants to clean up the problem
with the Boston Police Department.
I hope she wants to clean up
the fact that there are people like you,
that have been wrongfully convicted.
I hope that she wants
to hold the police responsible
for the investigations that they do,
and the evidence that they withhold.
Well, what is the breadth of power,
authority, she has, in a general sense?
She can do whatever she wants.
So, once she gets sworn in,
um, I'm sure she's going to have
to have a rundown on all these cases.
She's going to review the cases and decide
how she wants the cases prosecuted.
Because she is the chief prosecutor
in Suffolk County,
she gets to decide what cases go forward,
what cases don't go forward,
um, but that's all,
in my mind, worlds away.
We're on the trial track.
We're gonna stay on the trial track.
We're gonna prepare this case for trial.
If she wants to do something different,
that's up to her,
but we're not gonna plan on it
or expect it.
All right? But can she?
Yes, she has the power to.
Will she? That's anyone's guess,
but, you know, time will tell.
Earlier this morning,
I informed Governor Baker
that I will resign my position
as Suffolk County District Attorney
effective at 4 p.m.
Rachael Rollins,
is she going to be a good DA?
-Does she have your support?
-I've known Rachael for several years now,
and I like her personally very much.
Dan Conley announced
very shortly after I won
and his candidate didn't
that he was leaving and stepping down
as Suffolk County DA
to go to Mintz Levin
with three months left,
and so Dan got to a point,
or the governor decided,
um, that he was going to appoint
John Pappas as the new DA.
Right now, Dan Conley is not
Suffolk County District Attorney,
John Pappas is.
I feel like I've already spoken
to the people
I want to chair my transition team,
and I need to know
about the big cases that are coming up.
I don't want any-- any decisions
made prior to January 2nd
that I'm going to be responsible for
that could hold off until January 2nd.
I'm a grown-up, right?
If DA Pappas says,
"No, I'm the DA. I get to decide this,"
and we have a disagreement about that,
that's totally within his right to do so.
When I arrive as the DA on January 2nd,
we're gonna have
a different conversation.
Today, we filed another motion
asking the City of Boston
to come in and tell us
what payments were made
in either Sean's case
or Terry Patterson's case.
Someone's going to tell us
who was paid in this case at some point.
How many witnesses
can we get to say Sean confessed?
How many witnesses
can we get to say that it was him?
They know. Their witnesses have a problem.
Rosa Sanchez got paid.
All of these other witnesses got paid
in exchange for their testimony.
-That's a problem for them at a new trial.
-Mm-hm.
My guess is they're going to try
to find other witnesses to say,
"I've known Sean for 20 years.
He told me he did it."
That's what's coming.
That's what I expect
is coming down the pike.
So, we're there.
I don't have any concerns
that we won't go to trial in September.
It's far enough out
so we can do what we have to do
and make sure that we get
the documentation we need.
- Mommy?
-Yes, Munch.
So, we must be residents
of Suffolk County in order to take office.
I made the choice, of course,
to comply with the law and live here.
But I also made a very deliberate choice
to move to Roxbury,
which is one of the most beautiful parts
of Suffolk County,
but also has a lot of unsolved murders
and, um, violent crimes,
and it's important that I am here
where a lot of the activity's happening
to let the neighborhood and my voters know
that I’m moving myself
into the very community
that I hope to be getting justice for
and solving crimes in
as opposed to living many, many miles away
and sort of dictating down
what I'd like to see happen there.
Come on!
Come in! Let me give you the tour.
So, Commissioner, you are the first guest
we have ever had in this house.
So, the chair
is where I’m going to hopefully be…
-This is your little computer section?
-Yeah.
And then I'm having
my IT people set me up here.
Um…
Dan Mulhern is coming by tomorrow.
I’m making that announcement tomorrow.
I’m keeping Ed Zabin.
You need to alarm the place too.
Really?
-Absolutely.
-Okay.
I guess there are rules for you,
by yourself in here.
You're the DA,
you have to have this place fully alarmed.
Okay.
We can… Yeah, you… That's helpful.
You'll help me do all that stuff.
Are you our new District Attorney?
I am. I’m Rachael!
Hi, Rachael!
I’m Hilary, I voted for you!
Hilary, I love hearing that.
And guess who I’m standing next to?
Our Commissioner of Police.
This is like a wonderful opportunity. Yes.
I’m very excited and very proud.
Thank you so much.
I’m happy and excited as well.
Look, media relations already.
You guys broadcast this or something?
You're on the other side?
- Rosemary?
-Yes?
What are they doing on Ellis today?
I have no idea. They won't tell
me a goddamn thing. What do you know?
I don't know.
I just know it's about Mulligan.
They're having a presser
at two o'clock at headquarters.
They're at Pappas' office.
I don't know why they would do it now.
This text from Zabin saying, "Nothing's
going to happen today and we'll call you."
He told you nothing was going to happen?
He texted me, so I have no idea.
I've no clue whatsoever.
Yeah, I’m wondering
when Pappas leaves office,
maybe Rachael Rollins said,
"You clean up your shit
before I come in there,
so I don't have to do it."
Maybe Pappas has decided…
I don't know, I speculate,
but it's the only thing that makes sense.
Unless, you know, did Sean in the meantime
go and confess to Ed Zabin or something?
No. Not even a little.
He wasn't even in court on Thursday.
Not even in court, has no idea
that this is even happening.
I'm gonna call him right now,
and let him know what's going on.
Maybe I'll go to the press conference,
'cause apparently,
no one's going to tell me
what the hell's going on in my own case.
Okay.
If you hear anything, give me a call?
Absolutely.
Thanks. Bye-bye.
Such fucking bullshit.
What I think it may be
is that they have a discovery order due,
I think, tomorrow.
They are supposed to disclose
who they say is a cooperating witness
who claimed
at the last parole hearing that he had
that Sean had confessed to him.
The most frustrating part for me
is that it would take a simple phone call
from the DA's office, saying,
"Hey, Rose, this is what's going on.
Please keep it to yourself for now,
but just understand
this is what we're working on."
That's professional courtesy,
uh, and that simply is just non-existent
in the District Attorney's Office
from the DAs working on this case.
It's-- It's outrageous.
Call Sean Ellis.
Calling Sean Ellis.
-Hey, Sean, how are you?
- Hi, Rosemary. I’m doing good.
Are you somewhere where you can talk
or are you tied up?
No, I’m somewhere
where I can talk, but…
I have very little information,
but I’m giving you whatever I have, Sean.
So, the District Attorney's Office
has put out a press release
that essentially says
they're making a major announcement
on a major case at two o'clock today
that I have every reason to believe
is your case.
Were we mentioned by name
or did he just, like…?
I know it's us. There's
no doubt in my mind at all it's us.
There's no question it's about us.
Okay.
Not sure what's going on.
I put a call in to Ed Zabin
about ten of eight.
He pretended he couldn't hear me,
um…
…but he did say
that there was something going on,
and that he would get in touch with me
and call me back in ten minutes, I think.
Um…
When I got out of Springfield,
I called him again and told him,
"I hadn't heard from you, what's up?"
This is the text that he sent me.
He writes back, "Sorry, Rose,
you're going to have to wait."
"I'll get in touch as soon as I can."
"We won't issue a press release
or make any public statement
until you and I speak."
Then they sent out a press release
saying there's a major announcement
in the case at two o'clock today.
They said they have a major development.
-She's not saying what it is?
-She doesn't know what it is.
They haven't told her what it is.
So, it's like the world is going to know
before we know.
We're going to find out
the same time as the world
whatever it is that's going on.
Do you want me to drive you over there?
-Mike, how are you?
Good. I know nothing.
What do you know?
All right, thanks, Mike.
All right, bye.
He knows nothing.
He found out it was about Ellis because
they leaked that much to the press, so…
They're trying to taint the jury
right before they leave the office.
It's exactly what I said, Jillise.
This morning, I said they're trying
to do this to taint the jury pool.
- Yes?
- Hi, Lynn. How are you?
- Sean, how are you?
- I wanted you to know
that at two o'clock today,
they're making a major announcement
in the case.
And… what are you thinking?
It could be…
a worst-case scenario.
Sean, they can't put you in cuffs
and take you away.
I don't put anything past them,
only because the things
that I've been through.
Whatever you need, man,
whatever I can do, I’m here.
Thanks for your energy.
It'll be here.
It'll be here.
It'll be here forever.
Appreciate you. Okay, Lynn.
- All right.
-Take care.
-Okay.
- Bye-bye.
I called Pappas.
Pappas isn't answering his phone.
I'll call him again on his cell.
He will not answer me.
You guys can't tape.
Sean! Hey, how are you?
-I don't know yet.
All right.
Um, here's the news. They're dismissing.
- Are you for real?
- They're dismissing.
-Two o'clock.
- For real?
I swear to God.
Deep breaths. It's over.
Congratulations.
Take a deep breath.
Jillise needs a hug.
She's gonna cry.
Oh, here it comes.
-Oh, God.
-Congrats, Sean.
You okay?
- Yes.
Now you are, right?
I know.
We've been waiting a long, long time.
It's good news. Merry Christmas.
-Yes! The best ever.
All right, deep breaths.
Let me call your mom.
-Your mom or your sister first?
- My mom.
Okay, let me call her.
-Mrs. Ellis.
- Yes, dear.
-Are you sitting down?
- Yes.
They're gonna dismiss the case
against Sean.
Hallelujah!
- Are you okay?
- Oh, yes, I am.
- Yep.
-Rosemary, that is the best news!
-Isn't it?
- My God.
Merry Christmas.
Merry Christmas to you too, honey.
Yep, bye-bye.
All right, let me call your sister.
Hi, Shar'day, it's Rosemary Scapicchio.
Are you somewhere you can talk?
Yes, in my car.
They're gonna dismiss
the case against Sean.
- Oh, my God!
Oh, my God!
Yes.
Rose!
Thank you! Thank you! Thank you!
All right, bye-bye.
Let's watch this press conference
and see what they're saying.
Good afternoon.
Thank you for being here today.
In 2016,
the Supreme Judicial Court
affirmed a judge's order
granting a motion for a new trial
in the case against Sean Ellis.
Mr. Ellis had been convicted of murdering
Boston Police Detective John Mulligan
during a 1993 armed robbery
with his co-defendant Terry Patterson.
His convictions
for possessing the murder weapon
and Detective Mulligan's service weapon,
which was stolen from his body,
remain undisturbed to this day.
That's bullshit.
The trial evidence in testimony in 1995
proved Mr. Ellis' guilt
beyond a reasonable doubt.
Jurors at the time
called the case against him overwhelming.
Of all the people in all the world
who might have killed John Mulligan,
only they were present
at the time and place he was killed.
-By their own admission…
-Such assholes.
…supported by eyewitnesses
and physical evidence.
Finally and significantly,
there is the involvement
of three corrupt police detectives
to varying degrees in the investigation.
As we all well know,
Detectives Kenneth Acerra,
Walter Robinson, and John Brazil
disgraced themselves
and tarnished their badges
in a wide variety of criminal conduct
unrelated to this case.
As the Supreme Judicial Court
concluded 18 years ago,
in this case, there's no reliable evidence
that Acerra, Robinson, or Brazil
procured or produced false evidence
in this case.
Based on the facts and circumstances
known to us,
we don't believe Detective Mulligan
was involved in their schemes.
But a lawyer today
would argue that he was involved,
and that they had a motive
to protect themselves
and their criminal enterprise.
Unfortunately, no matter
how irrelevant their corruption might be
to John Mulligan's murder,
the involvement
of three corrupt police detectives
to varying degrees in this investigation
has further compromised our ability
to put the best possible case
before a jury.
For all of these overlapping reasons,
I've determined that the evidence
we could reasonably expect to introduce
is no longer sufficient
to achieve a conviction.
For this reason,
my office will file paperwork today
ending the prosecution of Mr. Ellis
for first-degree murder and armed robbery.
Any questions?
Philip Martin, WGBH.
Can you tell me the impact
that Rachael Rollins might have had
on your decision today?
She's going to take office on January 2nd,
uh, and she's expressed some concern
about the Sean Ellis case.
Um, the timing was just not there
to deliver this, um, decision
or to reach this decision
back in September
when-- when Dan Conley left office.
The group of us literally having spent,
at least for myself, Pat Hagen, Ed Zabin,
and to a certain extent, Mark Lee,
have spent the entirety
of our professional lives in this office,
I don't think it would have been fair
to kick this can down the road,
although that would have been
the easy thing for a lot of us to do,
um, and to just leave it
for DA Elect Rollins to make this decision
as one of possibly her first decisions
as District Attorney.
Thank you.
I'll turn it over to Commissioner Gross.
Thank you, sir.
Good afternoon, everyone.
We would like to first reach out
to the Detective's family.
As you stated, he's a father,
he's a brother, and a son.
It was with heavy heart
that we had discussions with the family,
um, for this final outcome.
As you heard the District Attorney state,
um, Sean Ellis is culpable.
What does the evidence look like
after 25 years?
The witnesses and their strength,
and the decision was based upon that,
not innocence at all.
They're still gonna be saying you did it.
That's their thing. That's what they do.
"There's no question of innocence."
It's such bullshit.
They're not even entertaining the idea
that all of this evidence
that pointed to other people
was significant.
They're dismissing it
as if it wasn't significant.
They still don't get it
even after 25 years.
So, next up is
let's try to get that GPS off your leg.
Yes.
Everybody good?
Who's asking the questions?
Rosemary Scapicchio, what's
your reaction to what just transpired?
District Attorney's Office
finally did the right thing.
We can just rejoice in the fact
that Sean won't have to stand trial
in this case, uh,
for a crime that he didn't commit.
They want to blame Sean
and they don't want to exonerate him,
which pisses me off,
but we're grateful that they're dismissing
the case against him.
We're grateful that he doesn't have
a murder case hanging over his head,
and for the first time in 25 years,
he can get a good night's sleep,
knowing that he's not going to have
any chance of ever going back to jail.
Let's hear from the man himself.
Sean, what's your reaction
to what happened today?
I’m not the only one
that has gone through this horror.
Um, wrongful convictions is an epidemic
at this point, nationwide,
um, and it's an epidemic
that, um, nobody's speaking on.
And so, you know, I’m just fortunate
to have had the attorney that I have,
both Rosemary Scapicchio and Jillise,
um, and their commitment and doggedness
in fighting for my innocence.
The DA, DA Pappas, basically said,
"This is not
about an innocent man going free."
"It's about the erosion of memory
and evidence," and so on and so forth.
How do you feel about that?
There's closure, but there's not closure.
There's closure
in that they've dismissed the case,
but they put that little zing in
that they think he did it,
they just can't prove it.
So, I don't care
what the District Attorney's Office says,
I think it's completely disingenuous
for them to say, "There's no evidence
pointing in any other direction"
when they haven't looked.
They didn't investigate
any of the new leads,
not one single one of them,
so the idea
that they haven't found any evidence,
it's because they are not looking
for evidence.
It's hard to find stuff
when you're not looking for it.
All they did to get ready for this trial
is talk to the same old witnesses,
who were tainted by the first round
of corrupt police officers,
and try to figure out whether or not
their memories would stand up.
Do you feel there's anything
you need or want to say
to the family of Detective Mulligan?
I would hope
that the District Attorney's Office
would continue their investigation
and actually find and prosecute
the people who are responsible
for Detective Mulligan's murder.
Not a full exoneration,
but Ellis, who maintains his innocence,
says he's happy to have his freedom back.
It means so much to me.
Um, after-- after 25 years of defaming me,
it's something,
that's like an understatement.
It's pretty much everything.
Congratulations, Mr. Ellis!
Mr. Free Man Mr. Ellis!
Thank you, sis, thank you.
Yes, sir, praise be to Allah, man!
Absolutely, all praise be to Allah.
Thank you, beloved!
Yo, man, made my day.
- It's over, baby.
- Is it?
Yeah, baby. It's been a long one.
- I’m fucking so happy for you.
- Now I can say that I’m free.
What up? What up? What up?
What up? What up? What up?
-Hey!
- Turn up. Turn up.
-Oh, God.
- In my lifetime!
-In your lifetime.
-Yes!
- In your lifetime.
-Mwah. Love you.
-Love you too.
-Christmas came early.
-Yes, it did.
-Christmas came early.
-Yes, it did.
Oh, yeah. I don't gotta ask again!
- Look at you!
Oh, my goodness!
Only three years ago, they came
at me and offered me to plead guilty,
you know what I mean?
And I said no.
I said no.
He's free,
and that's all I wanted.
They can say whatever they're gonna--
They need to say.
He's just doing good,
and I’m proud of him,
and he's not angry, or he doesn't show it.
If he is, he doesn't show it.
After everything's over…
because nobody
wants to admit their mistake.
- Right.
-That's probably the hardest part of it.
That when you're out,
you're still a criminal
even though you didn't do it.
Still a criminal.
Yeah.
Because the people
that locked you away
don't want to admit to their mistake.
So, they let you go,
but you're still a criminal.
Yeah.
I’m so happy this moment's here.
-I hope this is the last day we're here.
-We worked so hard for it.
-You look great.
-Thanks.
Congratulations.
-How are you?
-Good.
Court, all rise.
Good afternoon.
Card number 14 on today's list,
the matter of the Commonwealth
versus Sean Ellis
on indictment number 93 84 CR.
The matter's here for status
regarding removal of a GPS device.
The case has been nolle prossed,
so I think the only issue is
whether there are any pretrial conditions
that need to be vacated,
and the one I'm aware of is the GPS.
Is there anything else?
We're looking to vacate the GPS
and have the GPS
taken off of Mr. Ellis' ankle today.
Do we have someone from probation here?
- Yes, Your Honor.
- The motion is allowed.
The GPS will be removed this afternoon.
-Thank you, Your Honor.
-Thank you, everyone. Good luck, sir.
-Thank you, ma'am.
-Thank you, Your Honor.
So, we're done.
Court's still in session,
we gotta get out of here.
It's been a long time, man.
-Thank you. Happy birthday.
-Thank you.
Can you tell us
how you're feeling?
Um…
Extremely happy. Extremely happy.
Ecstatic.
You heard the DA
not fully exonerating you in any way.
What do you feel about that?
If there was any question
about my exoneration,
we would be heading to a fourth trial.
We wouldn't be here
having this conference.
Exactly, so the position that
we're taking is that we think
Rachael Rollins would not have praised
the District Attorney's Office
for their work on this case.
Rachael Rollins wouldn't have praised
the Boston Police Department on this case,
and by issuing this press release
yesterday,
three weeks
before Rachael Rollins takes office,
they were able to get
their version of the story out there,
and their version of the story
conflicts absolutely
with what Judge Ball found
and what the SJC found.
Seven judges of the SJC found
that the District Attorney's Office
withheld evidence.
Seven judges of the SJC found,
along with Judge Ball,
that the information
from the corrupt officers
included Mulligan.
In fact, what the SJC said
is that the inclusion of Mulligan
in the same scheme
that Detective Acerra,
Robinson, and Brazil were involved in
was a game-changer.
And so the fact that the DA's Office
stood up yesterday
and said it didn't happen.
The DA's office did their job,
the Boston Police did their job,
that's a fiction.
Sean, can I ask you, with the history
of these officers that were corrupt,
how do you walk
through the city of Boston after that?
-With my head up.
-Amen!
With my head up.
That's what you have to do in this city.
Love you.
If I'm Rosemary and if I'm Sean,
I'm not happy with that outcome.
If I’m Rosemary, I wanna go to trial,
because I think I’m gonna win.
And if I’m Sean,
whereas I probably
don't want to roll the dice again,
I want an acquittal.
If you're the Mulligan family,
the fact that this guy
is not going to die in prison,
that's not justice.
So, I don't know who feels
like they got justice in this case.
Sean Ellis is freed, but not quite,
because there's still this question
that's lingering,
and this is where
the District Attorney scored points.
The question lingers:
who killed Detective John James Mulligan?
Mulligan's case
is as clean as the new snow.
That's how clean that case is.
There's not one issue with it.
I mean, I supervised that case.
There's no women involved.
There's no conspiracy.
There's no corruption angle.
There is nothing.
The story that you heard
is the story that went down,
and that's how clean that case is.
And Sean Ellis was guilty
of first-degree murder.
He did it.
I mean, it's as simple as that. He did it.
I’m back.
How are you?
Thank you, my friends.
Doing well.
Sean Ellis, convicted of killing a cop,
John Mulligan,
Boston cop 20-something years ago,
spent more than half of his life in jail.
When, uh, acting DA Pappas
dismissed the charges,
I’m not saying he was innocent,
Willie Gross went out of his way to say,
"I’m convinced he's culpable"
despite both men acknowledging
there were corrupt cops
involved in this case.
Here's what Rosemary Scapicchio,
one of his lawyers,
had to say to me when she was here.
I really believe what Suffolk County
did yesterday
was to be able to have a press conference,
uh, where they controlled all of the facts
and they controlled the message.
I think they were concerned
if Rachael Rollins came in
and did the investigation
that I think she would've done,
she wouldn't have been praising
the Boston Police Department
or praising the District Attorneys
who prosecuted the case.
Is she right?
What I can say is that
prior to me taking office,
um, the sitting District Attorney
made a decision.
I’m not going to second-guess
what it is that he did,
but this is something
where, um, going forward,
for me, I am going to make sure
that we are looking at everything
with a fresh set of eyes
and if we believe
that mistakes were made on our part,
or with respect
to our partners in law enforcement,
we'll be talking about those.
You have no intention
to take another look at this?
I didn't say
that I wouldn't take another look.
What I said was I am going to be looking
at every single thing
that our office has done.
If there are open matters in it, for sure.
-It might include the Sean Ellis case.
-It may include that.
Can we end where we began,
with kids?
You have a 14-year-old daughter,
you're a single mother…
I’m happy that Sean,
after serving 22 years,
this is a chapter
I hope he can close in his life.
And I want him successful,
and I want him…
um…
I want him to know
that he is not defined by this one piece,
although it was a large one,
one piece of his life.
I see and hope for good things for him
in the future as well.
My name is Sean Ellis,
and at the age of 19,
I was arrested for first-degree murder
just because I admitted to the detectives
that I was present around the time
of the crime, buying Pampers.
I spent 22 years in prison
for a crime that I did not commit.
I live in a country that the system
is supposed to advocate justice,
and I got everything other than justice.
But no one is speaking about the fact
that wrongful convictions are an epidemic.
No one's speaking about the fact
that wrongful conviction
is a human catastrophe.
It's like…
You're dealing with somebody's life.
There is that, like, anger.
Part of what I've been doing
since I've been home,
dealing with social justice reform,
criminal justice reform.
That's what I take it out at.
Because, like, what happened to Sean Ellis
isn't just about Sean Ellis.
It happens on a daily basis
just throughout this country
and probably all over the world.
Um, so, for me, that's where
my aggression comes out at.
That's where my anger comes out at.
Prior to going to prison,
I had two very close cousins of mine
that were murdered.
And as I sat here
about testifying before you today,
I asked myself
how would I feel about that person.
Would I want that person
to ever get out of prison?
The DOC has the ability to rehabilitate,
to take someone
who has done something wrong
and make them right.
-Thank you very much.
- Thank you.
Sean Ellis is not alone.
There are many Sean Ellises
sitting in jails
throughout
the Commonwealth of Massachusetts
waiting for that defense attorney
to ride in on the white horse
to save them.
Um, and, you know,
some of them might not be saved,
and that's not acceptable.
I know none of us can get back
our time, our youth,
and no amount of money
can make up for what we have lost,
but know this:
the dirty cops, the malicious prosecutors,
the desperate snitches who hurt us,
they cannot take away our humanity.
You are paving the way for change
in this broken system.
Please welcome Malcolm Alexander,
38 years.
Adam Gray, 20 years.
Raymond Tempest, 23 years.
Marshall Hale, 33 years.
-Ledura Watkins, 41 years.
Bobbie Jean Johnson, 41 years.
Coming next to the stage, representing
the Innocence Project of New England,
this is Sean Ellis.
So, my mom, she raised me
to be a person that never gave up.
I spent 21 years,
7 months, and 29 days in prison.
And if you've ever been in prison,
as some of us have…
Um…
years go on and…
I had a motion for new trial denied.
I had a direct appeal denied.
And I was losing faith.
I was losing hope.
I was battling with the idea
that I would have to die in prison.
Luckily for me,
Rosemary Scapicchio came to see me
to take my case,
and we had a talk
and before she left,
she said, "Why you?"
My answer to her at that time,
which was in the early to mid-2000s, was
because I was young and Black.
And she says, "Okay, that makes sense."
I was raised to be a strong individual
beyond my imagination,
like, strong,
like, there's no weakness in me.
But I wouldn't be where I am today
if it was not for the power of women.
Elaine Murphy, Rosemary Scapicchio,
Jillise McDonough, and Judge Ball.
And my mom.
The power of women.
The one and only Sean Ellis!
We wanted to talk a bit
about what happens next.
There's a couple of things
that Jillise and I have been talking about
in terms of where your case can go.
If you want to pursue
the Boston Police and the City of Boston,
then certainly,
we're happy to help you with that.
Now, the downside is
that you're going to be in the forefront
of probably the newspapers,
because you're a lot more popular
than the average defendant,
I don't know
how that's going to affect your job,
or your relationships, or your family,
and it's a tough thing.
It's a tough thing to do
because they hate you as it is.
The Boston Police Department,
they think you got away with murder,
and they're always gonna think that.
We know the truth,
so it doesn't really matter to us,
but they're gonna see it
as a slap in the face.
It's something that I need to look at
because it's…
Like, I don't like being in their face.
If we decided to do this, I wouldn't
want you spending much time in Boston.
I wouldn't want to give them
the opportunity to stop you
and claim that you did something wrong
because I think they will come after you.
It happens all the time,
and I don't want to ever see you
on the other side of those bars again.
I’m concerned about what they can do.
We know what they did the first time,
and we know
that they're capable of doing it,
so it's something for you to think about.
Shit!
- Old man!
-Yeah!
- I'm not old!
-Yes, old man.
-What's good with you?
-Good. How are you?
-We're huggin'.
- Stop!
This old man. Ha. This old man.
What's good with you?
What's up with, um, Lindsey?
-He's on his way.
-Okay.
-'Sup, Frank? How are you?
-How you been, man?
- Doing okay.
-Glad you made it.
- Yeah.
-Okay, then.
There's Uncle Red.
I've been fighting this thing
for so long for it to be done,
the-- the reality of it being done…
um…
Wow.
Wow, man.
Like, being able
to, you know, taste, like, freedom
after you've lost it,
um, you would-- like,
you cherish it, you value it.
Um…
It's just a different respect for it
because I've been fighting this case
since I was a friggin' teenager.
I fight for over 25 years.
It's like, to fight something
that long, um, is insane.
-How you doing?
-I recognize that face.
-Hey, baby.
-How you been?
Years and years! Oh, my God!
What's good with you, man?
How old is you? 45? 47?
- Forty.
-48?
Where's your grays, man?
Where's your gray hair at, man?
I got one right here.
So, when he dismissed the case,
it was bittersweet.
I was disgusted
with their press conference.
If they felt I had anything to do
with John Mulligan's murder,
they should have took me back to trial.
I promise you
what they did to me
in my first three trials
wouldn't have happened again.
A jury would have declared my innocence.
It's been 25 years,
and they're still
trying to criminalize me.
However, I walked out of it
the way I was snatched into it:
with my head held high.
I may be wounded, but I’m not broken.
It was about, what, 9:30?
It was late.
Whenever I get a call that late,
to me, it is not good news,
so, you know, I tell people,
"Don't call me unless it's important."
When you told me that Rollins won,
another dream come true.
Okay?
In terms of our future looking better.
The daughter
of an Irish man and a Black woman…
…is about to change
the criminal justice system.
- Yes.
-That's what's promising.
We were outraised two to one.
We didn't have the incumbent behind us,
we didn't have the mayor behind us,
but we had the people behind us.
Absolutely.
Where's mi gente?
Mi gente! My brother!
She understands.
She's from that community.
-She knows how that community is policed.
- Mm-hm.
She's from Boston.
She knows what Boston's about.
So, she knows she can win without them,
without the police,
the union,
which is a very powerful union, um…
and so it's not like she's to be persuaded
by their politics.
We're gonna change Boston.
This is what the new face of Boston
looks like.
"Rollins rolls to victory
in Suffolk County DA's race." Awesome!
She had 81% of the vote.
Go Rachael!
That's awesome.
Hopefully, she's willing to bring change.
-Yeah.
-We've had this administration for so long
and they haven't been willing
to do a thing for us, so I'm hopeful.
Cautiously optimistic, but hopeful.
So that's a good thing.
-I'll see you back at the office?
-See you at the office.
Thanks.
Well, I mean, they can't stop her
from not prosecuting the case,
but she's gonna have to weigh the fact
that she has to deal with the Boston
Police Department Homicide Unit
on major cases all the time.
She has to deal with them every day.
And she has to deal
with the public perception
that she let a cop-killer walk,
that's what they're going to be saying,
that's what the Boston Police
Patrolmen's Association is going to say:
"The new district attorney,
as one of her first official acts,
decided not to prosecute a cop-killer."
If you're a politician,
do you want that press conference?
If the John Mulligan murder case
does get overturned,
and it becomes her decision,
I would imagine that not only
the four Boston Police unions,
but every other police union,
certainly in Suffolk County,
and everywhere,
I would think there are going to be
a lot of really infuriated people.
It's outrageous.
You can't do this.
Could they prevent her? Probably not.
She's going to be
the Lord Chief and Executioner.
She's going to be the…
She's going to be God.
She chooses not to prosecute it,
this is a bad thing for Boston.
It's a bad thing for
District Attorney's offices everywhere.
- Sean!
-Hi.
How are ya?
-I'm well. How are you?
-Good! I haven't seen you in forever.
-I know.
-How you doing?
-I'm well. Thanks for having me.
-Good. Thanks for coming in.
What's the buzz on the street
about Rachael?
-That she's not an insider.
- Good. I think that's good.
I-- I believe so too.
I hope she wants to clean up the problem
with the Boston Police Department.
I hope she wants to clean up
the fact that there are people like you,
that have been wrongfully convicted.
I hope that she wants
to hold the police responsible
for the investigations that they do,
and the evidence that they withhold.
Well, what is the breadth of power,
authority, she has, in a general sense?
She can do whatever she wants.
So, once she gets sworn in,
um, I'm sure she's going to have
to have a rundown on all these cases.
She's going to review the cases and decide
how she wants the cases prosecuted.
Because she is the chief prosecutor
in Suffolk County,
she gets to decide what cases go forward,
what cases don't go forward,
um, but that's all,
in my mind, worlds away.
We're on the trial track.
We're gonna stay on the trial track.
We're gonna prepare this case for trial.
If she wants to do something different,
that's up to her,
but we're not gonna plan on it
or expect it.
All right? But can she?
Yes, she has the power to.
Will she? That's anyone's guess,
but, you know, time will tell.
Earlier this morning,
I informed Governor Baker
that I will resign my position
as Suffolk County District Attorney
effective at 4 p.m.
Rachael Rollins,
is she going to be a good DA?
-Does she have your support?
-I've known Rachael for several years now,
and I like her personally very much.
Dan Conley announced
very shortly after I won
and his candidate didn't
that he was leaving and stepping down
as Suffolk County DA
to go to Mintz Levin
with three months left,
and so Dan got to a point,
or the governor decided,
um, that he was going to appoint
John Pappas as the new DA.
Right now, Dan Conley is not
Suffolk County District Attorney,
John Pappas is.
I feel like I've already spoken
to the people
I want to chair my transition team,
and I need to know
about the big cases that are coming up.
I don't want any-- any decisions
made prior to January 2nd
that I'm going to be responsible for
that could hold off until January 2nd.
I'm a grown-up, right?
If DA Pappas says,
"No, I'm the DA. I get to decide this,"
and we have a disagreement about that,
that's totally within his right to do so.
When I arrive as the DA on January 2nd,
we're gonna have
a different conversation.
Today, we filed another motion
asking the City of Boston
to come in and tell us
what payments were made
in either Sean's case
or Terry Patterson's case.
Someone's going to tell us
who was paid in this case at some point.
How many witnesses
can we get to say Sean confessed?
How many witnesses
can we get to say that it was him?
They know. Their witnesses have a problem.
Rosa Sanchez got paid.
All of these other witnesses got paid
in exchange for their testimony.
-That's a problem for them at a new trial.
-Mm-hm.
My guess is they're going to try
to find other witnesses to say,
"I've known Sean for 20 years.
He told me he did it."
That's what's coming.
That's what I expect
is coming down the pike.
So, we're there.
I don't have any concerns
that we won't go to trial in September.
It's far enough out
so we can do what we have to do
and make sure that we get
the documentation we need.
- Mommy?
-Yes, Munch.
So, we must be residents
of Suffolk County in order to take office.
I made the choice, of course,
to comply with the law and live here.
But I also made a very deliberate choice
to move to Roxbury,
which is one of the most beautiful parts
of Suffolk County,
but also has a lot of unsolved murders
and, um, violent crimes,
and it's important that I am here
where a lot of the activity's happening
to let the neighborhood and my voters know
that I’m moving myself
into the very community
that I hope to be getting justice for
and solving crimes in
as opposed to living many, many miles away
and sort of dictating down
what I'd like to see happen there.
Come on!
Come in! Let me give you the tour.
So, Commissioner, you are the first guest
we have ever had in this house.
So, the chair
is where I’m going to hopefully be…
-This is your little computer section?
-Yeah.
And then I'm having
my IT people set me up here.
Um…
Dan Mulhern is coming by tomorrow.
I’m making that announcement tomorrow.
I’m keeping Ed Zabin.
You need to alarm the place too.
Really?
-Absolutely.
-Okay.
I guess there are rules for you,
by yourself in here.
You're the DA,
you have to have this place fully alarmed.
Okay.
We can… Yeah, you… That's helpful.
You'll help me do all that stuff.
Are you our new District Attorney?
I am. I’m Rachael!
Hi, Rachael!
I’m Hilary, I voted for you!
Hilary, I love hearing that.
And guess who I’m standing next to?
Our Commissioner of Police.
This is like a wonderful opportunity. Yes.
I’m very excited and very proud.
Thank you so much.
I’m happy and excited as well.
Look, media relations already.
You guys broadcast this or something?
You're on the other side?
- Rosemary?
-Yes?
What are they doing on Ellis today?
I have no idea. They won't tell
me a goddamn thing. What do you know?
I don't know.
I just know it's about Mulligan.
They're having a presser
at two o'clock at headquarters.
They're at Pappas' office.
I don't know why they would do it now.
This text from Zabin saying, "Nothing's
going to happen today and we'll call you."
He told you nothing was going to happen?
He texted me, so I have no idea.
I've no clue whatsoever.
Yeah, I’m wondering
when Pappas leaves office,
maybe Rachael Rollins said,
"You clean up your shit
before I come in there,
so I don't have to do it."
Maybe Pappas has decided…
I don't know, I speculate,
but it's the only thing that makes sense.
Unless, you know, did Sean in the meantime
go and confess to Ed Zabin or something?
No. Not even a little.
He wasn't even in court on Thursday.
Not even in court, has no idea
that this is even happening.
I'm gonna call him right now,
and let him know what's going on.
Maybe I'll go to the press conference,
'cause apparently,
no one's going to tell me
what the hell's going on in my own case.
Okay.
If you hear anything, give me a call?
Absolutely.
Thanks. Bye-bye.
Such fucking bullshit.
What I think it may be
is that they have a discovery order due,
I think, tomorrow.
They are supposed to disclose
who they say is a cooperating witness
who claimed
at the last parole hearing that he had
that Sean had confessed to him.
The most frustrating part for me
is that it would take a simple phone call
from the DA's office, saying,
"Hey, Rose, this is what's going on.
Please keep it to yourself for now,
but just understand
this is what we're working on."
That's professional courtesy,
uh, and that simply is just non-existent
in the District Attorney's Office
from the DAs working on this case.
It's-- It's outrageous.
Call Sean Ellis.
Calling Sean Ellis.
-Hey, Sean, how are you?
- Hi, Rosemary. I’m doing good.
Are you somewhere where you can talk
or are you tied up?
No, I’m somewhere
where I can talk, but…
I have very little information,
but I’m giving you whatever I have, Sean.
So, the District Attorney's Office
has put out a press release
that essentially says
they're making a major announcement
on a major case at two o'clock today
that I have every reason to believe
is your case.
Were we mentioned by name
or did he just, like…?
I know it's us. There's
no doubt in my mind at all it's us.
There's no question it's about us.
Okay.
Not sure what's going on.
I put a call in to Ed Zabin
about ten of eight.
He pretended he couldn't hear me,
um…
…but he did say
that there was something going on,
and that he would get in touch with me
and call me back in ten minutes, I think.
Um…
When I got out of Springfield,
I called him again and told him,
"I hadn't heard from you, what's up?"
This is the text that he sent me.
He writes back, "Sorry, Rose,
you're going to have to wait."
"I'll get in touch as soon as I can."
"We won't issue a press release
or make any public statement
until you and I speak."
Then they sent out a press release
saying there's a major announcement
in the case at two o'clock today.
They said they have a major development.
-She's not saying what it is?
-She doesn't know what it is.
They haven't told her what it is.
So, it's like the world is going to know
before we know.
We're going to find out
the same time as the world
whatever it is that's going on.
Do you want me to drive you over there?
-Mike, how are you?
Good. I know nothing.
What do you know?
All right, thanks, Mike.
All right, bye.
He knows nothing.
He found out it was about Ellis because
they leaked that much to the press, so…
They're trying to taint the jury
right before they leave the office.
It's exactly what I said, Jillise.
This morning, I said they're trying
to do this to taint the jury pool.
- Yes?
- Hi, Lynn. How are you?
- Sean, how are you?
- I wanted you to know
that at two o'clock today,
they're making a major announcement
in the case.
And… what are you thinking?
It could be…
a worst-case scenario.
Sean, they can't put you in cuffs
and take you away.
I don't put anything past them,
only because the things
that I've been through.
Whatever you need, man,
whatever I can do, I’m here.
Thanks for your energy.
It'll be here.
It'll be here.
It'll be here forever.
Appreciate you. Okay, Lynn.
- All right.
-Take care.
-Okay.
- Bye-bye.
I called Pappas.
Pappas isn't answering his phone.
I'll call him again on his cell.
He will not answer me.
You guys can't tape.
Sean! Hey, how are you?
-I don't know yet.
All right.
Um, here's the news. They're dismissing.
- Are you for real?
- They're dismissing.
-Two o'clock.
- For real?
I swear to God.
Deep breaths. It's over.
Congratulations.
Take a deep breath.
Jillise needs a hug.
She's gonna cry.
Oh, here it comes.
-Oh, God.
-Congrats, Sean.
You okay?
- Yes.
Now you are, right?
I know.
We've been waiting a long, long time.
It's good news. Merry Christmas.
-Yes! The best ever.
All right, deep breaths.
Let me call your mom.
-Your mom or your sister first?
- My mom.
Okay, let me call her.
-Mrs. Ellis.
- Yes, dear.
-Are you sitting down?
- Yes.
They're gonna dismiss the case
against Sean.
Hallelujah!
- Are you okay?
- Oh, yes, I am.
- Yep.
-Rosemary, that is the best news!
-Isn't it?
- My God.
Merry Christmas.
Merry Christmas to you too, honey.
Yep, bye-bye.
All right, let me call your sister.
Hi, Shar'day, it's Rosemary Scapicchio.
Are you somewhere you can talk?
Yes, in my car.
They're gonna dismiss
the case against Sean.
- Oh, my God!
Oh, my God!
Yes.
Rose!
Thank you! Thank you! Thank you!
All right, bye-bye.
Let's watch this press conference
and see what they're saying.
Good afternoon.
Thank you for being here today.
In 2016,
the Supreme Judicial Court
affirmed a judge's order
granting a motion for a new trial
in the case against Sean Ellis.
Mr. Ellis had been convicted of murdering
Boston Police Detective John Mulligan
during a 1993 armed robbery
with his co-defendant Terry Patterson.
His convictions
for possessing the murder weapon
and Detective Mulligan's service weapon,
which was stolen from his body,
remain undisturbed to this day.
That's bullshit.
The trial evidence in testimony in 1995
proved Mr. Ellis' guilt
beyond a reasonable doubt.
Jurors at the time
called the case against him overwhelming.
Of all the people in all the world
who might have killed John Mulligan,
only they were present
at the time and place he was killed.
-By their own admission…
-Such assholes.
…supported by eyewitnesses
and physical evidence.
Finally and significantly,
there is the involvement
of three corrupt police detectives
to varying degrees in the investigation.
As we all well know,
Detectives Kenneth Acerra,
Walter Robinson, and John Brazil
disgraced themselves
and tarnished their badges
in a wide variety of criminal conduct
unrelated to this case.
As the Supreme Judicial Court
concluded 18 years ago,
in this case, there's no reliable evidence
that Acerra, Robinson, or Brazil
procured or produced false evidence
in this case.
Based on the facts and circumstances
known to us,
we don't believe Detective Mulligan
was involved in their schemes.
But a lawyer today
would argue that he was involved,
and that they had a motive
to protect themselves
and their criminal enterprise.
Unfortunately, no matter
how irrelevant their corruption might be
to John Mulligan's murder,
the involvement
of three corrupt police detectives
to varying degrees in this investigation
has further compromised our ability
to put the best possible case
before a jury.
For all of these overlapping reasons,
I've determined that the evidence
we could reasonably expect to introduce
is no longer sufficient
to achieve a conviction.
For this reason,
my office will file paperwork today
ending the prosecution of Mr. Ellis
for first-degree murder and armed robbery.
Any questions?
Philip Martin, WGBH.
Can you tell me the impact
that Rachael Rollins might have had
on your decision today?
She's going to take office on January 2nd,
uh, and she's expressed some concern
about the Sean Ellis case.
Um, the timing was just not there
to deliver this, um, decision
or to reach this decision
back in September
when-- when Dan Conley left office.
The group of us literally having spent,
at least for myself, Pat Hagen, Ed Zabin,
and to a certain extent, Mark Lee,
have spent the entirety
of our professional lives in this office,
I don't think it would have been fair
to kick this can down the road,
although that would have been
the easy thing for a lot of us to do,
um, and to just leave it
for DA Elect Rollins to make this decision
as one of possibly her first decisions
as District Attorney.
Thank you.
I'll turn it over to Commissioner Gross.
Thank you, sir.
Good afternoon, everyone.
We would like to first reach out
to the Detective's family.
As you stated, he's a father,
he's a brother, and a son.
It was with heavy heart
that we had discussions with the family,
um, for this final outcome.
As you heard the District Attorney state,
um, Sean Ellis is culpable.
What does the evidence look like
after 25 years?
The witnesses and their strength,
and the decision was based upon that,
not innocence at all.
They're still gonna be saying you did it.
That's their thing. That's what they do.
"There's no question of innocence."
It's such bullshit.
They're not even entertaining the idea
that all of this evidence
that pointed to other people
was significant.
They're dismissing it
as if it wasn't significant.
They still don't get it
even after 25 years.
So, next up is
let's try to get that GPS off your leg.
Yes.
Everybody good?
Who's asking the questions?
Rosemary Scapicchio, what's
your reaction to what just transpired?
District Attorney's Office
finally did the right thing.
We can just rejoice in the fact
that Sean won't have to stand trial
in this case, uh,
for a crime that he didn't commit.
They want to blame Sean
and they don't want to exonerate him,
which pisses me off,
but we're grateful that they're dismissing
the case against him.
We're grateful that he doesn't have
a murder case hanging over his head,
and for the first time in 25 years,
he can get a good night's sleep,
knowing that he's not going to have
any chance of ever going back to jail.
Let's hear from the man himself.
Sean, what's your reaction
to what happened today?
I’m not the only one
that has gone through this horror.
Um, wrongful convictions is an epidemic
at this point, nationwide,
um, and it's an epidemic
that, um, nobody's speaking on.
And so, you know, I’m just fortunate
to have had the attorney that I have,
both Rosemary Scapicchio and Jillise,
um, and their commitment and doggedness
in fighting for my innocence.
The DA, DA Pappas, basically said,
"This is not
about an innocent man going free."
"It's about the erosion of memory
and evidence," and so on and so forth.
How do you feel about that?
There's closure, but there's not closure.
There's closure
in that they've dismissed the case,
but they put that little zing in
that they think he did it,
they just can't prove it.
So, I don't care
what the District Attorney's Office says,
I think it's completely disingenuous
for them to say, "There's no evidence
pointing in any other direction"
when they haven't looked.
They didn't investigate
any of the new leads,
not one single one of them,
so the idea
that they haven't found any evidence,
it's because they are not looking
for evidence.
It's hard to find stuff
when you're not looking for it.
All they did to get ready for this trial
is talk to the same old witnesses,
who were tainted by the first round
of corrupt police officers,
and try to figure out whether or not
their memories would stand up.
Do you feel there's anything
you need or want to say
to the family of Detective Mulligan?
I would hope
that the District Attorney's Office
would continue their investigation
and actually find and prosecute
the people who are responsible
for Detective Mulligan's murder.
Not a full exoneration,
but Ellis, who maintains his innocence,
says he's happy to have his freedom back.
It means so much to me.
Um, after-- after 25 years of defaming me,
it's something,
that's like an understatement.
It's pretty much everything.
Congratulations, Mr. Ellis!
Mr. Free Man Mr. Ellis!
Thank you, sis, thank you.
Yes, sir, praise be to Allah, man!
Absolutely, all praise be to Allah.
Thank you, beloved!
Yo, man, made my day.
- It's over, baby.
- Is it?
Yeah, baby. It's been a long one.
- I’m fucking so happy for you.
- Now I can say that I’m free.
What up? What up? What up?
What up? What up? What up?
-Hey!
- Turn up. Turn up.
-Oh, God.
- In my lifetime!
-In your lifetime.
-Yes!
- In your lifetime.
-Mwah. Love you.
-Love you too.
-Christmas came early.
-Yes, it did.
-Christmas came early.
-Yes, it did.
Oh, yeah. I don't gotta ask again!
- Look at you!
Oh, my goodness!
Only three years ago, they came
at me and offered me to plead guilty,
you know what I mean?
And I said no.
I said no.
He's free,
and that's all I wanted.
They can say whatever they're gonna--
They need to say.
He's just doing good,
and I’m proud of him,
and he's not angry, or he doesn't show it.
If he is, he doesn't show it.
After everything's over…
because nobody
wants to admit their mistake.
- Right.
-That's probably the hardest part of it.
That when you're out,
you're still a criminal
even though you didn't do it.
Still a criminal.
Yeah.
Because the people
that locked you away
don't want to admit to their mistake.
So, they let you go,
but you're still a criminal.
Yeah.
I’m so happy this moment's here.
-I hope this is the last day we're here.
-We worked so hard for it.
-You look great.
-Thanks.
Congratulations.
-How are you?
-Good.
Court, all rise.
Good afternoon.
Card number 14 on today's list,
the matter of the Commonwealth
versus Sean Ellis
on indictment number 93 84 CR.
The matter's here for status
regarding removal of a GPS device.
The case has been nolle prossed,
so I think the only issue is
whether there are any pretrial conditions
that need to be vacated,
and the one I'm aware of is the GPS.
Is there anything else?
We're looking to vacate the GPS
and have the GPS
taken off of Mr. Ellis' ankle today.
Do we have someone from probation here?
- Yes, Your Honor.
- The motion is allowed.
The GPS will be removed this afternoon.
-Thank you, Your Honor.
-Thank you, everyone. Good luck, sir.
-Thank you, ma'am.
-Thank you, Your Honor.
So, we're done.
Court's still in session,
we gotta get out of here.
It's been a long time, man.
-Thank you. Happy birthday.
-Thank you.
Can you tell us
how you're feeling?
Um…
Extremely happy. Extremely happy.
Ecstatic.
You heard the DA
not fully exonerating you in any way.
What do you feel about that?
If there was any question
about my exoneration,
we would be heading to a fourth trial.
We wouldn't be here
having this conference.
Exactly, so the position that
we're taking is that we think
Rachael Rollins would not have praised
the District Attorney's Office
for their work on this case.
Rachael Rollins wouldn't have praised
the Boston Police Department on this case,
and by issuing this press release
yesterday,
three weeks
before Rachael Rollins takes office,
they were able to get
their version of the story out there,
and their version of the story
conflicts absolutely
with what Judge Ball found
and what the SJC found.
Seven judges of the SJC found
that the District Attorney's Office
withheld evidence.
Seven judges of the SJC found,
along with Judge Ball,
that the information
from the corrupt officers
included Mulligan.
In fact, what the SJC said
is that the inclusion of Mulligan
in the same scheme
that Detective Acerra,
Robinson, and Brazil were involved in
was a game-changer.
And so the fact that the DA's Office
stood up yesterday
and said it didn't happen.
The DA's office did their job,
the Boston Police did their job,
that's a fiction.
Sean, can I ask you, with the history
of these officers that were corrupt,
how do you walk
through the city of Boston after that?
-With my head up.
-Amen!
With my head up.
That's what you have to do in this city.
Love you.
If I'm Rosemary and if I'm Sean,
I'm not happy with that outcome.
If I’m Rosemary, I wanna go to trial,
because I think I’m gonna win.
And if I’m Sean,
whereas I probably
don't want to roll the dice again,
I want an acquittal.
If you're the Mulligan family,
the fact that this guy
is not going to die in prison,
that's not justice.
So, I don't know who feels
like they got justice in this case.
Sean Ellis is freed, but not quite,
because there's still this question
that's lingering,
and this is where
the District Attorney scored points.
The question lingers:
who killed Detective John James Mulligan?
Mulligan's case
is as clean as the new snow.
That's how clean that case is.
There's not one issue with it.
I mean, I supervised that case.
There's no women involved.
There's no conspiracy.
There's no corruption angle.
There is nothing.
The story that you heard
is the story that went down,
and that's how clean that case is.
And Sean Ellis was guilty
of first-degree murder.
He did it.
I mean, it's as simple as that. He did it.
I’m back.
How are you?
Thank you, my friends.
Doing well.
Sean Ellis, convicted of killing a cop,
John Mulligan,
Boston cop 20-something years ago,
spent more than half of his life in jail.
When, uh, acting DA Pappas
dismissed the charges,
I’m not saying he was innocent,
Willie Gross went out of his way to say,
"I’m convinced he's culpable"
despite both men acknowledging
there were corrupt cops
involved in this case.
Here's what Rosemary Scapicchio,
one of his lawyers,
had to say to me when she was here.
I really believe what Suffolk County
did yesterday
was to be able to have a press conference,
uh, where they controlled all of the facts
and they controlled the message.
I think they were concerned
if Rachael Rollins came in
and did the investigation
that I think she would've done,
she wouldn't have been praising
the Boston Police Department
or praising the District Attorneys
who prosecuted the case.
Is she right?
What I can say is that
prior to me taking office,
um, the sitting District Attorney
made a decision.
I’m not going to second-guess
what it is that he did,
but this is something
where, um, going forward,
for me, I am going to make sure
that we are looking at everything
with a fresh set of eyes
and if we believe
that mistakes were made on our part,
or with respect
to our partners in law enforcement,
we'll be talking about those.
You have no intention
to take another look at this?
I didn't say
that I wouldn't take another look.
What I said was I am going to be looking
at every single thing
that our office has done.
If there are open matters in it, for sure.
-It might include the Sean Ellis case.
-It may include that.
Can we end where we began,
with kids?
You have a 14-year-old daughter,
you're a single mother…
I’m happy that Sean,
after serving 22 years,
this is a chapter
I hope he can close in his life.
And I want him successful,
and I want him…
um…
I want him to know
that he is not defined by this one piece,
although it was a large one,
one piece of his life.
I see and hope for good things for him
in the future as well.
My name is Sean Ellis,
and at the age of 19,
I was arrested for first-degree murder
just because I admitted to the detectives
that I was present around the time
of the crime, buying Pampers.
I spent 22 years in prison
for a crime that I did not commit.
I live in a country that the system
is supposed to advocate justice,
and I got everything other than justice.
But no one is speaking about the fact
that wrongful convictions are an epidemic.
No one's speaking about the fact
that wrongful conviction
is a human catastrophe.
It's like…
You're dealing with somebody's life.
There is that, like, anger.
Part of what I've been doing
since I've been home,
dealing with social justice reform,
criminal justice reform.
That's what I take it out at.
Because, like, what happened to Sean Ellis
isn't just about Sean Ellis.
It happens on a daily basis
just throughout this country
and probably all over the world.
Um, so, for me, that's where
my aggression comes out at.
That's where my anger comes out at.
Prior to going to prison,
I had two very close cousins of mine
that were murdered.
And as I sat here
about testifying before you today,
I asked myself
how would I feel about that person.
Would I want that person
to ever get out of prison?
The DOC has the ability to rehabilitate,
to take someone
who has done something wrong
and make them right.
-Thank you very much.
- Thank you.
Sean Ellis is not alone.
There are many Sean Ellises
sitting in jails
throughout
the Commonwealth of Massachusetts
waiting for that defense attorney
to ride in on the white horse
to save them.
Um, and, you know,
some of them might not be saved,
and that's not acceptable.
I know none of us can get back
our time, our youth,
and no amount of money
can make up for what we have lost,
but know this:
the dirty cops, the malicious prosecutors,
the desperate snitches who hurt us,
they cannot take away our humanity.
You are paving the way for change
in this broken system.
Please welcome Malcolm Alexander,
38 years.
Adam Gray, 20 years.
Raymond Tempest, 23 years.
Marshall Hale, 33 years.
-Ledura Watkins, 41 years.
Bobbie Jean Johnson, 41 years.
Coming next to the stage, representing
the Innocence Project of New England,
this is Sean Ellis.
So, my mom, she raised me
to be a person that never gave up.
I spent 21 years,
7 months, and 29 days in prison.
And if you've ever been in prison,
as some of us have…
Um…
years go on and…
I had a motion for new trial denied.
I had a direct appeal denied.
And I was losing faith.
I was losing hope.
I was battling with the idea
that I would have to die in prison.
Luckily for me,
Rosemary Scapicchio came to see me
to take my case,
and we had a talk
and before she left,
she said, "Why you?"
My answer to her at that time,
which was in the early to mid-2000s, was
because I was young and Black.
And she says, "Okay, that makes sense."
I was raised to be a strong individual
beyond my imagination,
like, strong,
like, there's no weakness in me.
But I wouldn't be where I am today
if it was not for the power of women.
Elaine Murphy, Rosemary Scapicchio,
Jillise McDonough, and Judge Ball.
And my mom.
The power of women.
The one and only Sean Ellis!
We wanted to talk a bit
about what happens next.
There's a couple of things
that Jillise and I have been talking about
in terms of where your case can go.
If you want to pursue
the Boston Police and the City of Boston,
then certainly,
we're happy to help you with that.
Now, the downside is
that you're going to be in the forefront
of probably the newspapers,
because you're a lot more popular
than the average defendant,
I don't know
how that's going to affect your job,
or your relationships, or your family,
and it's a tough thing.
It's a tough thing to do
because they hate you as it is.
The Boston Police Department,
they think you got away with murder,
and they're always gonna think that.
We know the truth,
so it doesn't really matter to us,
but they're gonna see it
as a slap in the face.
It's something that I need to look at
because it's…
Like, I don't like being in their face.
If we decided to do this, I wouldn't
want you spending much time in Boston.
I wouldn't want to give them
the opportunity to stop you
and claim that you did something wrong
because I think they will come after you.
It happens all the time,
and I don't want to ever see you
on the other side of those bars again.
I’m concerned about what they can do.
We know what they did the first time,
and we know
that they're capable of doing it,
so it's something for you to think about.
Shit!
- Old man!
-Yeah!
- I'm not old!
-Yes, old man.
-What's good with you?
-Good. How are you?
-We're huggin'.
- Stop!
This old man. Ha. This old man.
What's good with you?
What's up with, um, Lindsey?
-He's on his way.
-Okay.
-'Sup, Frank? How are you?
-How you been, man?
- Doing okay.
-Glad you made it.
- Yeah.
-Okay, then.
There's Uncle Red.
I've been fighting this thing
for so long for it to be done,
the-- the reality of it being done…
um…
Wow.
Wow, man.
Like, being able
to, you know, taste, like, freedom
after you've lost it,
um, you would-- like,
you cherish it, you value it.
Um…
It's just a different respect for it
because I've been fighting this case
since I was a friggin' teenager.
I fight for over 25 years.
It's like, to fight something
that long, um, is insane.
-How you doing?
-I recognize that face.
-Hey, baby.
-How you been?
Years and years! Oh, my God!
What's good with you, man?
How old is you? 45? 47?
- Forty.
-48?
Where's your grays, man?
Where's your gray hair at, man?
I got one right here.
So, when he dismissed the case,
it was bittersweet.
I was disgusted
with their press conference.
If they felt I had anything to do
with John Mulligan's murder,
they should have took me back to trial.
I promise you
what they did to me
in my first three trials
wouldn't have happened again.
A jury would have declared my innocence.
It's been 25 years,
and they're still
trying to criminalize me.
However, I walked out of it
the way I was snatched into it:
with my head held high.
I may be wounded, but I’m not broken.