Framed Philadelphia man is freed 19 years after he was jailed when cops 'who planted gun on him' claimed he'd raped a woman and shot at them - when he'd in fact saved her from her attacker
An innocent Philadelphia man has been freed after spending 19 years in prison because two police officers wrongly claimed he'd raped a woman and then shot at them, when he'd in fact saved her from a different man.
Attorneys for Termaine Joseph Hicks claim cops made up the story of him shooting at them - and even planted a gun on him that was owned by another officer.
Hicks, now 45, was near the St. Agnes Hospital in South Philadelphia in the early hours of Nov. 27, 2001 when he heard a woman screaming.
She was walking to an early shift at a Dunkin' Donuts when she was pistol-whipped and dragged into an alley by a man who raped her.
Hicks - who was working at the time as a Popeye's assistant manager - ran to the alley to help.
The rapist, startled by headlights from a delivery van nearby, ran off and Hicks says that is when he arrived.
But when cops Marvin Vinson and Dennis Zungolo arrived second later, they presumed he had attacked the woman and shot at him.
They then claimed that Hicks had opened fire on them and that they shot him in self-defense.
Termaine Joseph Hicks, now 45, leaving SCI Phoenix on the outskirts of Philadelphia on Wednesday 19 years after being wrongfully convicted
He was convicted of rape, aggravated assault, possessing an instrument of crime, and terroristic threats, and was sentenced to 25 years behind bars.
Leaving prison on Wednesday, he said felt '100lbs lighter'
His conviction came even though the woman could not identify her attacker at trial and had suffered a head injury.
Hicks was eligible for parole in 2015, but it was denied because he continued to assert his innocence.
This week, however, after a review of his case, his conviction was overturned by the Conviction Integrity Unit in the Philadelphia District Attorney's Office.
The head of that unit said that 'false testimony' was to blame for it.
'False testimony was used, and I believe it’s impossible to say that did not contribute to the conviction,' CIU chief Patricia Cummings said.
Among the reasons for the decision was that the cops' story was not consistent with Hicks' injuries - he was shot in the back - and there was no reliable security footage to determine exactly what happened.
Hicks' attorneys also say that he never shot at the police.
They claim the officers made that part of the story up to justify shooting at him, and that they even planted a gun on him.
The weapon was registered to another Philadelphia cop who'd never reported it missing.
Hicks' lawyers say the fact there was blood from the woman found on the gun but not on the interior of Hicks' jacket, where the cops say he pulled it from, proves they were lying.
Officers also falsely claimed under oath that Hicks wore a gray hoodie, like one that the attacker was seen wearing, even though a hoodie was not among Hicks' clothes following his arrest.
Hicks was freed from prison on Wednesday. It's unclear whether he now plans to sue the police department.
The incident happened in an alley near what was St Agnes Hospital (pictured) before it was demolished. Hicks heard the woman screaming and ran to help her
Both of the cops remain employed by the department, according to The Philadelphia Inquirer.
The police department did not immediately respond to DailyMail.com's inquires about whether or not they would now lose their jobs or be placed on leave while an investigation is carried out by the The Police Advisory Commission, which has vowed to review the case.
Vinson has been named in a separate civil case filed against the police department by a taxi driver who says he wrongly accused him of theft then racially abused him, telling him to 'go back to his country'.
Leaving prison on Wednesday, Hicks said: 'I feel 100 pounds lighter.
'It’s unfortunate and sad that it took how long it took for me to clear my name. I’ve been saying the same thing since day one...
'The things that are promised to citizens should be delivered: a fair trial, and a fair look at what’s being presented. '
The two cops involved still work for the Philadelphia Police Department
Hicks' attorney Vanessa Potkin, director of post-conviction litigation at the Innocence Project, said: 'Mr. Hicks’ case is yet another example of the pervasive problem of police perjury in the criminal legal system.
'The cover up of shooting an innocent man required the false testimony of three officers and the acquiescence of a dozen more.
'Deep-seated police misconduct and institutional protections are too often the source of wrongful convictions and injustice in the system.
'For far too long the police have willfully lied with impunity; we need accountability.'
Israel probably trained these cops, tooo...
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