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Wrongful Conviction

#301 Jason Flom with Willie Timmy Donald

Wrongful Conviction

Lava for Good Podcasts

True Crime

4.65.7K Ratings

🗓️ 20 October 2022

⏱️ 36 minutes

🧾️ Download transcript

Summary

On February 27, 1992, Bernard Jiminez, along with his wife, Kimberly Belinsky, and three children were robbed at gunpoint in a neighborhood in Gary, Indiana. Bernard and the gunman struggled and Bernard was fatally shot. Belinsky selected 23-year-old Willie “Timmy” Donald out of a photo lineup believing he was the gunman. Another woman who was robbed in her home that same day selected Donald as well. Both women described their robbers similarly, they mentioned that the man had a severely scarred complexion, while Donald had no acne or other scars on his face. At the time of the robberies, Donald was car shopping with his sister and her partner. They both testified as to Donald’s whereabouts that day as did the car salesmen. With no physical or forensic evidence tying Donald to the crime, he was still charged and convicted of first-degree murder and two counts of armed robbery, and sentenced to 60 years in prison.

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Wrongful Conviction is a production of Lava for Good Podcasts in association with Signal Co. No1.

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Transcript

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0:00.0

On February 27, 1992, a string of five armed robberies occurred in Gary, Indiana, leaving

0:08.7

one man shot dead in front of his wife and three young daughters.

0:12.8

All the victims described the assailant as a black man around five-six with a cangal hat,

0:17.4

red bandana, black leather jacket, and some sort of scarring on his face.

0:22.8

Instead of compiling a photo array of men fitting that description, investigators included

0:27.5

the photo of Timmy Donald, a man who was six feet tall with no facial scarring, and,

0:32.3

according to at least one victim, was the suggested choice of investigators.

0:36.7

In fact, a search warrant had already been obtained for Timmy's home before he had been

0:40.8

misidentified.

0:42.6

Three of the robbery victims, including one former Gary police officer, were separately

0:46.9

shown the photo array and did not identify Timmy, but the other two viewed the array together.

0:53.0

A mixture of police and peer pressure produced two misidentifications.

0:57.8

During the live lineup, according to one victim, when she said that Timmy was bigger than

1:02.0

the armed robber, she was assured that they had the right guy.

1:06.0

Even though it was proven that Timmy was at work at the exact time that the victim had

1:09.6

spotted the actual attacker on the street and tried to report it, tunnel vision had already

1:14.2

set in, and that report was hidden from the defense.

1:18.0

Despite no physical or forensic evidence, as well as a solid alibi and the protests of

1:22.7

all the other victims, the misidentifications were enough to send Timmy down all the way

1:27.8

for a 60-year sentence.

1:30.4

This is wrongful conviction.

1:34.5

Welcome back to wrongful conviction.

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