Palladium murder trial update
By Dan Slepian, Dateline Producer
daniel.slepian@nbc.com
Imagine your loved one -- your brother, your son, your father -- is arrested, convicted and locked up for life for a murder he didn't commit. Now imagine he serves 15 years for this crime, and after all this time in prison, nearly everyone within the system agrees that he is, in fact, innocent. Then, when a Supreme Court Judge overturns his conviction and he finally gets out, the worst possible scenario happens: he is prosecuted on the same charges all over again. It couldn't happen, right? Wrong. It is happening right now, in New York City.
In nearly 15 years as a television producer, I haven't seen a story like this -- until now.
(Photo: David Lemus in court. Click for photo gallery)
For me, it all began in 2002, when I set out to film a documentary on the Bronx Homicide Task Force -- a unit of the NYPD that sees some of the worst crimes in the city of New York. After several months of discussions with various ranks of police brass to secure the necessary access to make this project work, I was told to shadow two 20-year veterans: Detective Bobby Addolorato, and his partner, Detective John Schwartz. I remember thinking what an interesting and educational opportunity it would be to spend time with the men and women of the NYPD, particularly in the months following the attacks at the World Trade Center. I worked their hours, ate at their hangouts, and saw the grisly crime scenes they faced every day.
I was immediately taken by the commitment and sense of duty of both men. They loved the NYPD. Sure, they would complain that they had to still type their reports on carbon paper, on an electric typewriter, as detectives did in the 1970's. And they were frustrated that they were forced to pay their own cell phone bills, when a large portion of the calls were to victims families or informants with leads. Most of all, they learned to hate the hours, often not sleeping for two days at a time. But even so, Bobby and John- along with their fellow detectives-worked tirelessly to solve horrible murders that no one will ever hear about.
We were out to dinner one night.
"You must bring this job home with you. You see some terrible things everyday?" I asked.
"You know, I really don't," Bobby paused, "except this one case. This one case keeps me up at night."
The "I'm searching for the right story" bulb went off in my head. "What's it about?"
"It's this case from 1990. These two guys are doing 25 to life for murder but I think they may be innocent. Seriously, it keeps me up at night."
In that single moment, no matter where the story led, I immediately realized it was going to be worth following.
Bobby began to tell me how he believed the men, David Lemus and Olmedo Hidlago (who had been in prison for 12 years already) were innocent, in large part because he says he knew who the real culprits were.
What I couldn't know, of course, is how filming their reinvestigation would set off a chain of events that would change so many lives and cause sleepless nights for so many of us, including me. The agony that Detectives Addolorato and Schwartz lived with while proving the facts of this case caused them to retire from the NYPD in disgust and question the very system they dedicated their life to. It would spark an investigation that uncovered a complicated, ugly case that created debate and tension in New York City's corridors of power, including the most powerful District Attorney's office in the country. Even the Assistant DA who fought to keep Lemus and Hidalgo in prison for more than two years is now saying he too believes the men are innocent and is questioning whether a miscarriage of justice has, and is still, happening.
(Photo: David Lemus, left, with producer Dan Slepian)
In 1990, David Lemus was offered a deal: 8 1/3 to 15 years in prison for a guilty plea. He said no, that he was innocent but was then convicted anyway. Despite spending a full 15 years in prison, despite two homicide detectives, a juror, a prosecutor, and even the victim's family saying he is innocent, the Manhattan DA is once again trying Mr. Lemus.
Think it can't happen? Think again.
Photo gallery: The Palladium case in pictures
Video of former assistant DA admitting 'serious doubts'
Video of two detectives and missing evidence from original case
More information about the documentary
UPDATE: Lemus was tried again for for the Palladium murder but was found not guilty on Dec. 6, 2007.
