Case 1:08-cv-O1359--DLl Document 1-5 Filed 04/03/08 Page 8 of 22 105 STATE OF YORK ss.: COUNTY on NEW EDWIN OLIVA, being duly sworn, hereby deposes and says, under penalty of pezrium I. I am currently incarcerated at AMKC, Rikers Island. 2. On March 1, 1994, I was arrested by police from the 90"' Precinct, Brooklyn, for a robbery I committed at 126 Graham Avenue. 3. I had been on a long drug binge. Iused crack, heroin, marijuana. 4. Detectives questioned me about the murder of the landlord at 126 Graham Avenue. I was tired, hungry, disoriented, strung out. 5. I told detectives I knew Jabbar Collins for years, that we got high together, and I heard on the street he was in trouble and azrested for it. But I told them I had no personal knowledge about it. They took detailed notes. 6. They told me I might be in trouble for the murder, for conspiracy. They told me to sign a paper about what We talked about. I signed it Without reading it. 7. After I pleaded guilty and was sentenced, I was sent Upstate to Ulster Correctional Facility. After about 10 days, I was transferred to Cape Vincent, where I was found eligible for work release, then to Chateauguey Alcohol and Substance Abuse Center. I graduated from the program at the end of the year. 1 . Case Document 1-5- Filed Page 9 of 22 106 8. In January, 1995, I was accepted into Esmer, a residential drug treatment and work release program on Avenue in Brooklyn. I received a job as a messenger working at Top Job Personnel. 9. Two ADAs, Michael Vecchione and Charles Posner, then brought me to their office to discuss _my testifying. I told them I had no knowledge that Jabber committed the murder and when they showed me my signature on the "statement" to . detectives, that I had been tricked. I refused to testify. They brought me back more times and each time I told them I would not testifir and that I had no knowledge of the murder. I asked for a lawyer but they refused to help me. I could not afford a lawyer. 10. The ADAs threatened to prosecute me for conspiracy to murder if I did not cooperate and to send me back to prison. 1 1. In late February, 1995, I was suspended from the Esmor Program for an "unresolved criminal matter." I was transferred to Lincoln Correctional Facility and housed in a secure area. 12. ADA Posner then visited me and said that he had warned me. I refinsed to testify to a lie. 13. A sham hearing was held by the Temporary Release Committee and I was suspended due to an unresolved "criminal issue." The "criminal issue" was my refusal to testify. Ihad no other open criminal "issues." 14. On March I, 1995, I was transferred back to Ulster Correctional Facility. I . Case Document 1-5 Filed 04/03/08 Page 10 of 22 PageID_#: 107 was devastated. I realized that Vecchione and Posner were serious and could do whatever they threatened. 15. DA 's detectives then took me back to their otfice from Ulster. Posner promised me that if I testffied I would be restored to work release. I felt trapped and desperate and so I agreed. Over the next few days the ADA: rehearsed my testimony with me. 16.' During my testimony, I falsely accused Jabber Collins of planning the robbery and of discarding the weapon. The ADAs knew that I told them this was untrue. 17. They had me testiiy that I had been serving my sentence at Ulster for a year, when in reality I had been in a drug program and work release, and I ended up at Ulster only because I would not testify falsely against Jabber. Really I was only at Ulster a total of two or three weeks. 18. A few days after testifying, I was returned to Ulster. I signed a 'Temporary Release Waiver" that I had cooperated with the DA. but did not want protective custody. 19. In the middle of March, 1995, I was restored to work release. I got my messenger job back. 20. Later that month, I was brought back to the DA's Office. I told Posner I did not want to be relocated and declined a cash reward because my testimony had been false. 21. By May, I received a permanent furlough. I only had to report to my counselor at Lincoln once a week. I was essentially fiee. A-131 Case Document 1-5 Filed 04/0308 Page 11 of 22 PagelD 108 22. 0 my knowledge Veochione never wrote to parole for my release because the deal was I would be restored to work release and I was. 23. This afiidavit was prepared by Joel Rodin, the aflaorney for Jabbar Collins, after Mr. Rudin interviewed me in the presence of my attorney, Roland Acevedo, on January 20, 2006. This is the first time I met or spoke with Mr. Rudin or any attorney or investigator for Jabbax. Mr. Rudin read this atfidavit to me in front of Mr. Acevedo and I signed it in their presence. It does 'not contain all the details' of the events described. Isl EDWIN OLIVA Sworn to before me this 20"' day of January, 2006 Witnessed By: Roland R. Acevedo Notary Public A-132