All right, we are live. Hi, everyone. It's so great to have you. I am your host, Tishani
Wedlow. Welcome to Passion and Faith. And if you are new here, Passion and Faith, we
interview passionate professionals. They talk about their respective fields. And the faith
part is what keeps them grounded. It could be faith in a higher power. It could be faith
in oneself. Whatever it is, it's what keeps them grounded and keeps them going, right
boots on the ground. Today, we are speaking with Fernando Bermudez, a New Yorker. His story
just incredible, right? Wrongfully convicted. He served 18 years, 18 years in prison
for a crime that he did not commit. And so I want to welcome you, of course
because you're watching and I want to welcome you more importantly for being here with us yes yes
and just I mean you've been making it your duty since you've been out 2009 this all went down 1991
wrongfully convicted you weren't even where it happened just fill people I want to fill people
as to what happened. There's a fight outside the Mark Ballroom, nightclub back in the day, Union Square
filled with teenagers. You at the time, 22-year-old young man, you're riding around with your boys
looking for girls, preparing to go to college. Yes. How the hell do you get roped into this
It began with one of the leading causes of how wrongful convictions happen
mistaken at witness identification. It began just because of that. I had a marijuana arrest a year before
and my picture was in the mugshot books, and a young lady selected me, a teenager selected me
Because she thought you were cute. Yeah. That's what I saw in the documentary. Yes, that's how it started
Mistaken identity, right? The description of the person that they claimed was responsible for this
was way shorter than you. way smaller than you. I think it was 150 pounds at the time you were 230 pounds
Yes. That's a big difference. Yes. And much taller. Much taller. 6'2"
So I want to actually, we have a clip of a documentary you sent us that you're looking to get distributed
So we're going to toss to that and then we're going to come back and have Fernando respond
Take a look. It was just like almost any other Saturday night
I was with several friends of mine celebrating my enrollment in college
Two days later, I was arrested. See, I'm not scared because I know that I'm not involved with this
And if justice is true, it'll prevail. What goes through your mind when you see yourself
I see the younger self about to go through a very serious situation that I never imagined would happen to me
And still so, Matt, they could hear the audio, right? Yeah, yeah
And the whole time you're in prison, you still held on to the hope that justice, as you mentioned in that clip, justice will prevail
What do you think about the justice system? That's all I had at the moment. I had the belief initially that as long as I stayed patient and told the truth, that things would work out
because I had faith in the American criminal justice system, growing up in private schools, learning about it
and believing that if you told the truth, things would be okay
But I was sorely mistaken, and a rude awakening happened when I learned that the situation went from bad to worse
So we all heard you say you grew up going to private school
So tell us a little bit more about your upbringing before that happened
Well, it was a really fun time for me. I call it the age of innocence in which I was in elementary school
I was collecting rocks, collecting insects. Yes, admittedly, then playing run, catch, and kiss throughout recess
But at the same time, I was just an innocent person. But I was taking an interest in the graffiti time period, the phenomenon that was going on
And so for me, I started learning about the art of graffiti and started to draw
I started to realize that I could express myself through graffiti, and that at that point became my name, which helped me prove my innocence
because it was not the person I was named as. So I never knew that my graffiti past would help my future in a criminal justice case
And we're actually showing some of your pieces right now. Very talented, and you still draw to this day
Is that what got you through not only believing that you were innocent and holding on to that, right, that fact that you were innocent, but drawing
Is that what got you through the 18 years? What got you through that? Yes, it helped me
It was one of the methods that I used to, in one sense, manufacture hope when I felt no hope existed
And so I had to devise ways to help my mind become my best friend instead of my enemy
And so by art, I expressed myself, and I was able to draw, and I was able to sell my art inside to help sustain myself
And that became one of the ways, along with education, that became a stepping stone for what I felt would become an educational foundation for me to use
not only in prison, but outside of it. So let's go back to August 4, 1991
At the time in New York, the homicide rate was crazy. what, 2000
Each year. Each year. Your situation happened two years after Central Park Five. Yes
Where they were also they eventually were exonerated Are you can you just kind of tell us what was going through your mind Well at that time it was a wild time in New York City
I mean, with over 2,000 homicides, I was seeing evidence of it. People were being shot throughout my neighborhood in Inwood, where I lived
And it was just a disturbing trend that was going on. But for me, I also got caught up in what was the rush to judgment and get tough on crime policies
because of the homicide rate and the violence that was going on. And I got swept up not knowing that it would turn into a wrongful conviction situation
I thought it was a mistake that would be resolved. And it just went from bad to worse through procedures and occurrences
that just made me start losing faith in the system. And your attorney, I believe her name was Marianne
The Barry. Yeah, I mean, she really, really fought for you. Yes
Yes, she was an amazing woman who became a lawyer in her late 40s
She was a former nun and then became an attorney, and I became her first client
She vowed for social justice after she had been arrested in Russia for teaching Christianity
And so she became my lawyer and began investigating the projects and everywhere else
to demonstrate why the witnesses lied and were coerced and threatened into falsely testifying
I mean, boots on the ground. The fact that, I mean, you mentioned the young woman who identified you
There were four alibi witnesses that basically said, your boys, your friends, that, hey, we were together
We were riding around. We were nowhere near this incident when this happened. There was no physical evidence
There was no forensic evidence that connected you to this crime. And yet you got convicted to 23 years to life
convicted a second degree murder and you only had a marijuana offense on your record
you go to prison Sing Sing yeah one of the places one of the places
how did you how did you survive Fernando I mean it was just a horrible thing
just being thrust into that environment where I had to survive and I had to now seek to find
ways to not get in trouble avoid trouble not make any trouble and just almost try to become invisible
but at the same time be ever present in the fight for my
freedom and to prove my innocence. So I had to fight I had to educate myself. I had to interact with people in a
diplomatic way when talking was more important than fighting and it was just a way that I was able to maneuver the system by
educating myself. I even started selling clothes to find a way to become self-sufficient in prison
Yeah, their life ripped away from you, but yet and still you were able to sustain some form of life
You ended up meeting a woman. You got married. Yes, I did
Yeah, and as you mentioned, you were selling items to sustain yourself
and also to sustain your family on the outside. Tell us more about that
Yes, well, that was just a way that I developed by buying wholesale and retailing clothing
I could exchange it for commissary items in the prison store and then collect them in bulk and then send them home on a prison visit
so that my wife at the time could collect them and then resell them
or use them for herself without having to spend out of her own pocket. That became a nine-year operation that helped me survive
and helped me feel good that I was providing for my children who were starting to be born throughout my incarceration
Okay. So I'm assuming you had, what's, oh, God, I can't think of the word
but you were able to have conjugal. Conjugal visits. That's the word, conjugal visits with your wife
At the time, yes. At the time. And that's how your children were. Yes. Yeah, conceived
How many? I had two children when I was incarcerated. And how old are they now
My daughter's 24, studying to become a lawyer. How about that? Yes, and my son is 20
and he's a sophomore at High Point studying cybersecurity. Now, disclaimer here
Fernando and I met through the Momentum Workshop. It's like a life workshop
And you were very passionate about telling your story and just really recovering from being behind bars for so long
and what that stripped from you. For those that are watching on Instagram
we're actually going to shut down. If you like what you were hearing, head over to Fox 5 NY YouTube page and watch us live
We're going to continue the conversation. What did jail take from you
Jail took from me precious years that I can never get back
Prison, better yet. Yes, yes, exactly. The prison, the penitentiary, the system, the prison industrial complex sucked me into it
at a time when the word mass incarceration was not even understood or used
And I became one of those numbers that accumulated to over 2 million people who were incarcerated, 5% of which, experts still say, are potentially wrongfully convicted in prison still out of the over 3,000, nearly 800 documented exonerations we've had since 1989
So let's fast forward to 2009. After serving 18 years in prison, you are the first Latino man to be exonerated on the actual innocence grounds, citing police and prosecutorial misconduct
Yes. Tell us more about that. Well, that was a legal precedence that developed as a result of my case
All the evidence we added up was so overwhelming that it proves my actual innocence
in the first of its kind ruling at the time in New York State, particularly me being a Latino male
which allowed other people to use that case and to set precedence in that that was not ruled on before
and it created precedence to help other people who have similar claims and situations
It opened up an opportunity for more people to help prove their innocence in an easier fashion
And your case, I mean, it was all over. Court TV did something
All of the major New York stations did something I mean it was a national case We actually did something here at Fox 5 when this whole thing happened and we showing you video right now and they saying free fernando wow bring him home and there you are look at that so young wow
that was a that was an important time i had a lot of hope still
wow look at that face and that was the mugshot yes That convicted you
Yes. That changed my life. I never knew that such an arrest would have such dire consequences
And it's a cautionary tale in terms of what can happen if you get any arrest
You're in the system now. So I would urge the youth to think twice about ever getting in trouble with the law
because it can lead to unintended consequences. Well, one thing about us here at Passion and Faith is we love that when you guys ask us questions in the chat
We'd love to bring you in as if you're actually sitting here, like in this seat
So let's go to Allison. What reforms do you think are most urgently needed to prevent similar cases like this
Well, I think greater accountability for prosecutorial misconduct. We need good prosecutors, of course, but we also have to hold the ones that flout the Constitution and the laws accountable because human lives are at stake
Whatever happened with the detectives that worked on this case and the prosecutors that worked on your case
Well, prior to my exoneration, one of them had gotten arrested for drunk driving and possession of drugs
in a driving incident in which two females were struck and hurt
And then he eventually came to court and testified. He apparently was still on the force, somehow made it out of that mess and testified
He was just, you could tell he was a troubled person who didn't even remember the facts of the case and testified
And then the prosecutor, who was once so smug and adamant in his position against my innocence
now was also being questioned to the point where he turned red and didn't have the answers he thought he had
All right. Save that. We'll stop you right there. We're going to take a quick commercial break, and we'll be right back. Stick around
I'm just I'm trying to be objective but it's like you wouldn't wish this on your worst enemy
and during the commercial break Fernando's brother was here with us and he was reliving you know the
situation when the police knocked on your door and he responded like you can't be looking for
my brother my brother's not a troublemaker yeah yeah and your mom and that whole situation
It tore us apart as a family. It immediately created a dysfunction, which now put us on the brink of just not being able to operate correctly in happiness and productivity
You were preparing to head off to college. What school were you accepted to, and what did you plan to study
I had planned to attend Bronx County Community College, which was not far from where I lived, and I was going to study male nursing
And I was hoping to advance from there. And we know that, you know, your whole life, the trajectory of it changed
But here we are. You're on the other side turning pain into purpose
Now, you end up being exonerated, 2009, after 18 years behind bars
You receive, at the time, the largest settlement awarded by New York State
And we're showing the paper, free to play, after 18 years. Who was that
Is that your daughter? That's my daughter. I was teaching her how to ride a bike. Wow. And she's 24 now
She's 24. And your son, once you came out, you had already educated yourself
You got your degree while inside. I started it inside and then I completed it outside with my bachelor's degree at Mercy College
And I know something about you because I learned this from our Momentum Workshop. And we praised you, which is you educated your son, right
Yes. You taught him. You kept him home, taught him. I homeschooled him for five years. Yes
Yes. And now he is in college preparing to graduate. Yes, he's working towards it, yes
Does a lot about you. Thank you. Yeah. So let's talk about life on the outside now, right
Yes. What's that been like? It's been a while, but that smile, like, hey
I mean, it's been a sweet 16 celebration in my 16th year of being free
It hasn't gone without its challenges. I never realized that post-traumatic stress disorder would haunt me
I thought that being home, being free, being happy would be the beginning of the end to healing
And I was surprised that post-traumatic stress disorder took its different forms, affected my family
created conflicts that I never thought existed, for which therapy was needed
and for which cooperation never really got the way it should have to help us be happier and together
And so it was a very productive situation, however, in which I realized that I needed to make the bad situation into a good one
by being able to be productive, cold-calling places, being self-supportive to support my family and earn money through public speaking
you mentioned ptsd do you mind sharing a little more of that with us sure i mean it was a very
it was a very disturbing result in which i still felt i was in prison when i came home
i still felt incarcerated i realized that i wasn't incarcerated but it still felt like it
and so i was having reactions to it i was getting up in the middle of the night pacing
back and forth as if i was still living in a six by nine foot cell i didn't feel permission to have
money. When I went outside to walk the family dog, I felt like I wasn't supposed to be there
like I was being observed. Just any little thing just to put me back in prison. And it was a
shocking situation for which I sought help. And then I realized that there was family conflict
as well, like a tug of war that I came home to. I was like, wow, I'm in a tug of war. I understand
people want to see me, people want to hang out, but I have to try to just be productive and stay
out of trouble and not have conflict. Let talk about how you are traveling and speaking and sharing your story with people The fact that you spoken at almost every single Ivy League school in the country is just remarkable Tell us more Well for me it hopes and dreams that
began in prison, you know, beyond. That was your goal when you were in prison. Absolutely. I started
realizing goals and hopes and dreams to just keep my sanity. I said, I'm going to do this one day
I'm going to do that or the other. And that was one of my goals. I began studying as much as I
could, reading as many books as I could. And I just started imagining just putting it all together
into powerful lectures that would inspire and encourage people. And for me, it became a goal
where now I'm finally going to reach and speaking at my eighth Ivy League school, which totals the
total number this May with my daughter at that. I will be speaking at the University of Pennsylvania
Law School, and that will make the eighth Ivy League school. And it's going to be a pleasure
to do it with my daughter who is studying to become a lawyer. And it's a goal that's finally coming true along with others
And let's talk about the other goals because you wrote a book about your story
Yes. We showed the clip from the documentary, which, I mean, I've only seen a tease
but you're working with some Congress folks, some folks from Washington. Yes
Tell us about how they're assisting you with getting your story out. Yes, well, the congressman, Adriano Espayot, he helped me with my case
He was one of the guys who, after the Free Fernando campaign, joined in and yelled Free Fernando as well
Which was strong. Yes, and so it helped along with other people, and we got involved
And since then, now he tells me that he wants to have a showing of the movie, of the film, at a public designated place so that people can see it
And so I'm doing that, but in particular, my book is something that took me over 10 years to write
I actually started while I was locked up, and I would actually write it after I left the prison yard
before it became dark, where it became really dangerous, even though I would take a shower and rush and go start writing
And then when I came home, I lost the manuscript through some computer error
and I had to rewrite it all over again. And now today we finally finished that, over 139,000 words
And I'm just urging, I hope that the public can help me in achieving a literary agent so we can get the story out, which has many inspirations to share
Fernando, how therapeutic was that for you to write your story? And can you tell us what the hardest part was
Well, writing was a solitary undertaking. and in solitude I got the comfort of knowing that I was doing something that was focused and goal orientated
Nobody else can do it. I had to do it. It wasn't going to write itself. So that was a process that I enjoyed and it was a development process in which the story kept unraveling
and allowed me to dump some of the trauma that I had in a written form to serve as a testament
not just for my family history but for the world to see how they can overcome adversity
what was the hardest part and this question's from uh Allison what was the hardest part for you
pinning whatever that experience was that you were writing about to paper well it was hard reliving
it just uh detailing some occurrences that happened such as being found guilty was hard
and I cried throughout that chapter just writing it and imagining the the description that I had to
put out and how I remembered it. And so it was difficult in that process. And then I was a family
man who came home with responsibilities, and I just didn't have the time always to write because
I was so busy trying to lecture and take my kids to school and just be a family man. But we finally
got it done, and we're ready. Finally got it done. We got three minutes left, so I want you to tell
folks how they can find you, whether it be them trying to hire you to speak to the youth or coming
to a workshop or perhaps maybe being on their podcast? How can people find you, Fernando
Well, they could check me out on my social media at Free Fernando Bermudez
at Free Fernando Bermudez. And you could check me out there and we could connect that way
I'm in the process of continuing to speak at different places. You could connect through
the Innocence Project or representjustice.org, both great organizations that help to reform the
criminal justice system. And they've worked well with me. And, you know, you could reach out to me
maybe through the station. But at Fernando Bermuda is free. If you DM me, I'll be happy to oblige and
connect. Allison, do you mind handing me that little black book? I want to end our segment
with you opening. It's a black book of affirmations. Do you see it in that, Ben
It's a little black bag. There we go. Yep. Allison, hey. This is Allison, guys. Hey
And I want you to open it to one page and read what it says
and tell us what it means to you as we close out this episode of Passion and Faith
Just one page, yep. Just read anyone. Just one page, yep. It says, God delivers
What's that mean for you? God delivers in many ways, you know, through the faith that I had from chapter 11, Hebrews, and the Bible
and having the faith to reject the plea bargain, to having faith that out of a peculiar situation, there would be a peculiar outcome
And the ability to share my story in ways that I never imagined, not only to help others
but to help me have a meaning and purpose in my life out of such a difficult situation
where many times I couldn't make sense of it. It was so incongruous. All right
Well, with that, that's a perfect place to end this. Thank you so much, Fernando, for joining us
Thank you so much for taking the time to tune into passion and faith
You know, you can find me Monday through Friday, every weekday, 430 to 7 on Good Day New York
Channel 5 if you're in the New York area. And we'll see you next Thursday for another episode of Passion and Faith
Have a great day. Thank you. Thank you. Thank you. Thank you