Blaze Interview: NYC Man Spends 18 Years in Prison for a Murder He Never Committed
- Posted on September 20, 2011 at 6:31am by
Billy Hallowell
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In 1991, Fernando Bermudez had the world at his fingertips. The 22-year-old was preparing to complete his college education when his bright and prosperous future was unfairly snatched away from him.
Bermudez was falsely detained, accused of murder and imprisoned for 18 years, a horrific experience that has forever changed his life. “Back in 1991, I was set to begin school,” he explains. “My plans were already focused. Obviously, my life took a big detour.”
I caught up with Bermudez and his wife recently to speak further about his horrifying tale of the criminal justice system run amok. In a three-hour conversation at a downtown Manhattan Starbucks, I learned more about the couple’s story of faith, hope and a long healing process that continues today.
In what he calls “the rudest awakening,” Bermudez says that he saw his hopes and dreams that once seemed so close diminish before his eyes. In 1992, the young man was convicted of shooting and killing Raymond Blount, a 16-year-old who died after a fight inside of a Greenwich Village, New York City club.
Rather than cracking books open to study in collegiate libraries, Bermudez found himself struggling to survive inside of some of New York State’s toughest prisons in the 1990s — all the while knowing that he was entirely innocent of the crime he was convicted of.
In a tragic journey that extended nearly two decades, he fought against his detention every step of the way, proclaiming his innocence and climbing an uphill battle that offered little hope of success or eventual freedom.
With no DNA evidence involved in the case, Bermudez was in a he-said, she-said battle with prosecutors, who, based on initial witness testimony, maintained that he was responsible for killing Blount. But here’s the irony — just one year after his conviction, the five witnesses who originally testified against him recanted.
In sworn affidavits, they claimed that police and prosecutors “coerced or manipulated” them to identify Bermudez as the killer. These admissions, which wasn’t officially uncovered until years later, did little to prevent him from spending another 17 years behind bars. But they were later relied upon in the eventual court battle that led to his release.
In another bizarre inconsistency that should have raised suspicions among prosecutors, Bermudez explains that his height and weight didn’t match the perpetrators.
“The shooter was described by all accounts as 5 feet 9 inches and 150 pounds. At the time on the record I was 6 feet, 1 inch and about 215. There was a big discrepancy.”
“By about 2005, the current legal team that I had thought that there was nothing else than they could do than get a confession from the actual killer,” he told The Blaze. The situation was grim, but there were many advocates and supporters who refused to give up.
After enduring 10 failed attempts to overturn his conviction, Bermudez finally found success in 2009, as his eleventh appeal for mercy was granted. At the conclusion of his final appeal, Justice John Cataldo overturned the murder conviction and ruled that prosecutors could not retry him unless there was a reversal by an appellate court.
As The New York Times noted at the time of its conclusion, Bermudez’s case signifies one of the rare times in which a judge has ruled a defendant innocent without DNA evidence. Following the case, Scott Christianson, an author who has written on wrongful conviction, said:
“This case, like the overwhelming number of wrongful convictions, does not have the advantage of DNA. So for this judge to assess all the evidence in the case and come to this decision is quite unusual.”
During my time with Fernando and his wife, Crystal, I learned more about the back story that led to his evental release. The couple met one another while he was incarcerated. Their story, which is certainly less than traditional, is intriguing.
Crystal, who lived in Oklahoma in the early 1990s, first saw Fernando’s story on national television. After seeing his claim of innocence on national television, his story resonated with her. Following the newscast, Crystal, a woman of deep Christian convictions (her father is a pastor), just couldn’t forget about the man she had viewed in the newscast. She explains:
“After learning about his story, I had a burden. I couldn’t shake it. But I was attracted to him initially. I was attracted to the story.”
Despite knowing next to nothing about Fernando, she found herself praying for him and thinking about his wrongful conviction. As this stranger’s story continued to eat away at her, she began to take action to reach out to him. She says she felt God compelling her to do so.
But, as you can imagine, contacting a prisoner before the advent of the Internet age was a difficult task. Still, Crystal was determined, she says, to pray with Fernando and to let him know that God loved him. So, against the odds she reached out to Rikers Island Prison, obtained Fernando’s information and began corresponding with him.
Before long, the young woman flew to New York to meet with her newfound pen pal face-to-face. Then, the unexpected happened. Their friendship quickly grew into a love affair. What followed was somewhat of an unconventional relationship. The two married and in 2000, Crystal decided to move to New York City to support Fernando.
Of course, moving to a new and unfamiliar city wasn’t easy. Faith, she says, was her bedrock. “I was a preachers kid who had never been away from her parents,” she says. “I was very sheltered, but my parents were very supportive of my decision to relocate.”
Crystal struggled to find employment and stable housing while she helped Fernando with his appeals and efforts to prove his innocence, but she fought on. While all of this chaos was unfolding, the couple also began to build a family — yet another intriguing element to this story. During his incarceration, Fernando and Crystal had three children — Fernando, Carissa, and Chayla.
Crystal remained strong throughout the ordeal, especially when visiting her husband in prison. “I never cried in front of him. I was the only one who wouldn’t cry,” she explains. “I’d get in the car and have a crying feast afterward, of course. The kids and I would just cry. But I had to stay strong for him…in front of him…so he wouldn’t lose hope.”
When asked how he handled his time in prison, Fernando explained that he decided to put all of himself into his family. For Fernando, faith was the cornerstone that guided him through his long journey. The road, of course, wasn’t easy, but his faith in God, he says, guided him along the pathway.
In prison, he says, conditions were rough. Luckily, Fernando was able to blend in and ensure his own safety throughout his nearly two decades of incarceration. “A person can just perceive he’s being disrespected and when you’re watching television, he’ll just slit your throat,” he explains.
“God just protected him,” Crystal says. “Even when he was under pressure to be attacked [in prison] he was able to get himself out of those situations.”
The journey hasn’t been easy, though. After leaving prison, Fernando experienced post-traumatic stress disorder — something he continues to battle. Earlier this year, he filed a $30 million lawsuit against the both the city and New York State.
But Fernando has proven that he’s a survivor. Since gaining his freedom, he’s been speaking to audiences about his experience. Additionally, he has nearly completed his college degree — an accomplishment that deserves celebration. In the end, justice has been served.
Now, Fernando and Crystal can focus on their future, as he shares his story in an effort to positively impact a criminal justice system that so epically failed him.
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Comments (40)
Trance
Posted on September 20, 2011 at 4:25pmAfter reading the story, I‘m not so sure I understand why people are so sure he’s innocent. There’s so many rotten people in positions of power, I have no idea who to believe.
Report Post »Crusty Thong
Posted on September 20, 2011 at 2:43pmWho says that he would have used those 18 years wisely? Maybe he would have killed somebody for real… It does suck that he lost 18 years of his life, but what if this was actually a blessing, not only for him but for others.
Report Post »Exrepublisheep
Posted on September 20, 2011 at 3:31pmWe‘re not sure what you’ll be doing later, so it’s o.k. to put you away for 18 years?
Report Post »PDfromToledo
Posted on September 20, 2011 at 2:08pmThe only think that was a success in this story is the NYC corrupt and inept legal system. 18 years of this mans life? My heavens. I hope he wins a big enough settlement that he can go away and raise his family in peace.
Report Post »TEXASGRANNY73
Posted on September 20, 2011 at 11:58am@Godfather Knew it. Death penalty now enters picture. Had to because Texas factor.
Report Post »Clive
Posted on September 20, 2011 at 2:19pmthe guy should thank god he wasn’t in texas, as he would be dead by now.
Report Post »TEXASGRANNY73
Posted on September 20, 2011 at 11:52amActually I wandered around in my mind and checked and nope not an idiot. Just a fact checker.
Report Post »Checked your comment page and you are qualified (because you say you are a Christian) to bash
other Christians, bash McConnell, bash Americans as fools, expert UN Taiwan-Palestine bash Bush
and something just tells me you are not a citizen USA but an expert jurist as well. However I will
give you this: It usually takes an idiot to recognize another one so wink wink we’re now even all
things being equal.
Godfather.1
Posted on September 20, 2011 at 11:44amThis is the reason we should not have the death penalty. What if he had been sentenced to death and executed five years ago? Mistakes will always occur in our criminal justice system and once someone is executed there is no chance to fix that mistake.
Report Post »ccr
Posted on September 20, 2011 at 1:16pmWell……….if you’re like PERRY (Beck‘s main guy he’s promoting/protecting)……..you mess with the state board that investigates arson…..you ignore last minute evidence …………and you let them be executed.
Then you run for POTUS, arrogantly state your support for the death penalty (which personally I am FOR, but not without common sense), and make flippant remarks and then GET APPLAUSE from the audience!
Seriously??? Yep……….that’s how Perry does it in TX! Just love that arrogance and cockiness!
Report Post »JMorcan
Posted on September 20, 2011 at 11:12am“In the end, justice has been served..”
Are you an idiot? Justice was denied and he’s lost 18 years of his life as a result.
Report Post »dont_drive_slow_in_the_left_lane_obliviot
Posted on September 20, 2011 at 11:30amjustice will never be served but would partially be served when the corrupt DA’s and prosecutors spend 18 years in prison.
Report Post »TEXASGRANNY73
Posted on September 20, 2011 at 11:28pm@exrepublisheep “we‘re not sure what you’ll be doing later so we’ll put you away 18 yrs”
Report Post »First a jury found him guilty evidently that is 12 or another judge and he went through 10 appeals
that is now 23 people before this judge who also allowed there is an appellate court could overturn
his decision so don‘t think the process was we’re not sure, etc.
TEXASGRANNY73
Posted on September 20, 2011 at 11:03amOne Judge unless overturned by appellate court seems it isn‘t over until it’s over.
Report Post »Crystal who had a tough time making ends meet then decides to marry have 3 children and carry
on the crusade. He locked up can enjoy conjugal and fathers three chilldren not knowing if he will
ever get free. Hmmm.
Years 1990′s-2011 Crystal (sheltered child of pastor) has Chayla now 20. (Although incident shooting
occurred 1991 conviction 1992).
No DNA here. Judge same ethnicity as good looking maybe con artist who although was set to
get the college degree was in a bar and a shooting occurs.
Cops are now the bad guys Fernando financially manages to further education but has stress
disorder and is suing the city 30 million dollars and many many were wrongully convicted and justice
is just unfair. As per God all things are possible but did He promise a rose garden? Call me jaded but
“the facts” don’t seem quite right. Ahh yeah, I am from Texas so can’t wait for flack.
AmericanStrega
Posted on September 20, 2011 at 11:01amI’m glad this wrongly convicted man is now free. My question is this; how did his wife afford three children, while living in NYC?
Report Post »orangestate
Posted on September 20, 2011 at 10:16amHis strength and perserverance is incredible!
Report Post »I.Gaspar
Posted on September 20, 2011 at 10:02amHow did they have a 20 year old child together if they didn’t meet until after his conviction in 92?
Report Post »Dismayed Veteran
Posted on September 20, 2011 at 2:42pmGood question.
Report Post »leafsmission16
Posted on September 21, 2011 at 4:47amThey married in 2000, but I cannot find where it says a child was 20 years old. Since he had spent 18 years in prison a 20 year old child fathered while in prison seems impossible. Am I missing something???
Report Post »No Race Is Superior
Posted on September 20, 2011 at 10:01amWhoever said the justice system was fair and the best in the world has obviously never been an innocent person accused of a crime, with absolutely no evidence except a so-called witness. If you committed a crime, TAAAAARUST ME, there will be physical evidence. It is IMPOSSIBLE to commit a crime, without leaving physical evidence. IMPOSSIBLE IMPOSSIBLE IMPOSSIBLE. trouble is, the incompetence of the police while investigating and the political constraints and pressure to make a conviction. Not to mention the USA CORRUPTION.
If the Justice System TRULY wanted to ensure that they have the right person…They would videotape interrogations and make that TOO evidence in a criminal case for jurors to see.
THAT WOULD END ALL CORRUPTION.
Report Post »Shutupshuttingup
Posted on September 20, 2011 at 9:56amwhats the name and district of the the prosecutor who did this?
Report Post »jakartaman
Posted on September 20, 2011 at 9:51amThe pendulum of justice swings both ways.
Report Post »If something terrible happened to a member of my family – the perpetrator would not see the inside of a court room.
And yes innocent people get convicted unjustly by the powers to be for their personal career gains.
We are a nation of laws – but when the system is broken all bets are off – our system is being broken by partisan politics.
dietrdeb
Posted on September 20, 2011 at 9:22amI was wrongfully convicted…fortunately it wasn‘t for something as egregious as murder so I didn’t spend decades in prison…but in a system where everyone is promoted by getting a conviction the police and prosecutors WILL absolutely manipulate witnesses and conceal or manufacture evidence because believe me in this country like every other you are GUILTY until proven INNOCENT….And by the way this tripe that we have the best criminal justice system in the world doesn’t mean much to me or anyone that has been wrongfully convicted. We are exactly like all the rest!
Report Post »adimeroll
Posted on September 20, 2011 at 9:14am5 witnesses recanted their testimony after a year. In other words they lied. Evidently without their evidence he would not of been convicted. Anything happen to the 5 witnesses….??
Report Post »MUDFLAPS
Posted on September 20, 2011 at 8:53amPeople, this happens every day. Did you not see that show on frontline about those sailors in Virginia.
Report Post »4 of them spent several years in prison for something they did not do. Now I saw that the detective is doing time for rigging convictions. Yeah you gotta love the justice system.
Andy
Posted on September 20, 2011 at 8:05amOur Justice system is the best in the world, but what happens is that you have jerks, policy, lawyers, judges that have no morals and are for the most part incompetent, who will try to put the blame on the first person they can get, and they need to be held accountable. This is ridicules that an innocent person
Report Post »has to spend decades in prison for the stupidity and malice of others
ashestoashes
Posted on September 20, 2011 at 8:47amThis happens a lot more than one would think. I used to think that the justice system really was just..but have since changed my opinion. I have seen too many innocent people taken out. One was a seventeen year old who just happened to be hanging out with his buddy smoking pot in their car near a crime scene. They focused on him, one of the officers located his girlfriend and threatened her with drug charges if she didn’t falsely testify. This kid (a beautiful young man) was raped by about 17 guys his first night in. He spent almost 20 yrs before he got a dna result which cleared him. the timing on the dna was almost up. The law can often be an innocent person’s nightmare. Then there was a cop they accused of killing his wife and 2 kids, when they got the dna back that it was an paroled black man with the same mo..they decided the cop had worked with him. Thankfully.. the Supreme Court threw it out.
Report Post »Black Manta
Posted on September 20, 2011 at 7:59amPagons must learn everything isn’t about looks and money…cause when we die we are all the same…
Report Post »DogsofWar
Posted on September 20, 2011 at 7:55amJust goes to prove once again with GOD anything is possible! Good for you Fernando stay strong in your faith, the Lord has something special in store for your life.
Report Post »Black Manta
Posted on September 20, 2011 at 7:50amHow do you make up time lost to someone like that? Life is a lesson in it’s own way or is it?
Report Post »HowardSternIsABigot
Posted on September 20, 2011 at 7:35amStill sounds like individuals without sound morals and an inability to think logically can pretty believe anything. I think we need to revive morals as a national characteristic. The only way to do that is to defeminize the schools and reintroduce logic and critical thinking.
Either that or people are just evil naturally and only a strong hierarchy of laws can provide any sense of justice to a society. Still reuires personal investment in the notion of justice for all.
Report Post »TomFerrari
Posted on September 20, 2011 at 8:20amI agree morals and responsibility are lacking, nationally.
However, I think IT STARTS AT HOME, not in public schools.
PARENTS need to raise their children well, not the public schools.
I think WE are going to have to re-train ourselves to “do with less”.
Instead of TWO parents working and having the new truck or new iPad,
ONE parent will stay home and raise the children, while the other works.
What a concept!? Huh?
This may mean going back to multi-generational homes, as it will be harder to afford a SAFE place to live and raise a family. Or, perhaps it may mean moving to a more rural area.
Regardless of the sacrifice, I contend it is WELL worth it !
Schools?
Well, they need DE-UNIONIZATION more than they need de-feminization. I haven’t sat in one lately, but, I do think unions are the big issue holding our schools back from succeeding. When teachers were NOT paid well, the ONLY people willing to teach were those who LOVED CHILDREN and LOVED TO TEACH. Now, its a cushy union job where you can’t get fired, and, you’ll make a decent living, and even a RETIREMENT PLAN!! All paid for by people who CAN get fired, and who have NO retirement plan!
Proverbs 22:6 – “Raise up a child in the way he should go, and when he is old, he will not depart from it.”
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auntmoxie.com
Posted on September 20, 2011 at 7:27amHe’s quite handsome. I hope gets an agent and makes millions.
Report Post »Taxpayer550
Posted on September 20, 2011 at 7:23amIf you think that this is bizarre, just wait until they start jailing Christians!
Report Post »Black Manta
Posted on September 20, 2011 at 7:56amPersecution has been in affect for some time now..And we Christians know that it’s coming here in America soon like @ other parts of the world. Stedfast brothers and sisters in Christ….
Report Post »Rowgue
Posted on September 20, 2011 at 6:58amThere’s a far better example of the law enforcement and legal system run amuck. There was a recent episode of Dateline that investigated the story of EIGHT people that had all been in prison for years for a rape and murder they didn’t commit. And there wasn’t a shred of evidence connecting a single one of them to the crime.
They just interrogated a neighbor until he confessed to the crime. Then when they got the DNA back it wasn’t his, so they just adjusted their theory to reflect the fact that somebody else helped him. This went on until they had eight people in prison without a single witness or a single shred of evidence. Two of them even had airtight alibis and couldn’t have possibly been present when the crime was committed, but none of that stopped them from prosecuting and convicting all eight men. And juries are all too gullible when it comes to confessions, people don‘t realize just how easy it is to get someone to confess to a crime they didn’t committ.
To top it all off the guy that actually did rape and murder this poor woman was a repeat offender who’s DNA was already in their database that they never bothered to check. And even though they somehow managed to stumble onto the real perpetrator despite themselves, they still maintained the other eight were guilty and fought their appeals. I believe at the time the story aired two of them were STILL in prison fighting to have their convictions overturned.
Report Post »Black Manta
Posted on September 20, 2011 at 11:07amIf you read the story you would know he didn’t confess anything…he was falsely acused….thats what’s the matter with humans no a days…talk about stuff without knowledge..ignorance is the word i’m looking for.
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