WHO IS DARRELL McKELVIE?
Darrell McKelvie grew up as a child in the poor North Philly neighborhood called the Raymond Rosen Projects. Attended Thomas Edison High School without graduating [obtaining his G.E.D. while in prison]. And was well known there as a teen member of a local gang, with the nickname of "Mutt."
WHAT HAPPENED
On the evening of July 28, 1974 in the vicinity of Van Pelt Street between Dauphin and York Streets, several young juveniles were gathered on the front steps of 2311 Van Pelt, when someone came upon them on foot shooting a gun in their direction. Sheila Booker was shot in the thigh, Robert Davis was shot four times, resulting in his death, and Winston Burney allegedly was shot in the buttocks [though later no evidence was shown proving so].
When police officers arrived on the scene, several teenage witnesses told them that the victims had been shot by a teenager named Leslie Earp and another one with the nickname of Little Man. That information was dispatched by police radio, but no description of the two suspects was given.
THE TRIAL
Darrell's trial began on January 15, 1975 before Judge Eugene Gelfand. And his attorney was Ronald F. Kidd. Darrell produced several witnesses attesting to the fact that he was known by the nickname of Mutt. And that no one ever referred to him by the nickname of Little Man. Thereby proving that he was not the "Little Man" mentioned by the young witnesses.
THE WITNESSES
The witnesses for the case ranged in age from twelve years old to fifteen. Under pressure from Philly police, to avoid prosecution, five of them agreed to witness for the Commonwealth [state] against Darrell, claiming that they saw him shooting a gun along with Leslie Earp. But their testimonies conflicted in many areas. Both with the original report and amongst themselves. Further, they all testified that they knew Little Man, when they later changed their story claiming that the shooter was Darrell instead.
SENTENCING
Darrell McKelvie was found guilty solely on the basis of the false testimony of the state's witnesses. Convicted by the jury of first degree murder, two counts of aggravated assault, and conspiracy. A conspiracy conviction in Pennsylvania allows a finding of guilt for crimes committed by someone else. There was no physical evidence linking Darrell to the crimes.
RECANTATION OF WITNESSES
Darwin Jones, Kevin Kreamer, and Winston Burney submitted affidavits affirming that they were coerced, paid, harrassed and threatened by the Philly police, detectives and D.A.'s office to give false testimony against Darrell.
Sheila Booker also submitted an affidavit affirming that she told the police, detectives, and the D.A.'s office that Darrell was the wrong man, but that they kept ignoring what she stated, while urging her to instead say otherwise.
JUDICIAL STATUS
On June 3, 2005 Judge Shelly Robins-New denied Darrell's petition for an evidentiary hearing, that would have allowed him to call forth the witnesses who NOW admitted that they had perjured themselves over thirty years ago. Since that false testimony was what unjustly convicted Darrell of crimes he did not commit, such a hearing would have required a new trial or immediate release.
On March 22, 2007 the Pennsylvania Superior Court affirmed judgment of the sentence.
On April 23, 2007 a petition for allowance to appeal was filed by Darrell in the Pennsylvania Supreme Court, and that decision is currently pending.
WRONGFUL IMPRISONMENT LAWSUIT
Darrell McKelvie now faces a huge obstacle, now that witnesses have recanted their false testimony, in that the Pennsylvania judicial system is extremely reluctant to admit that an INNOCENT man was wrongfully convicted by false testimony perpetrated by Philly police, detectives, and the D.A.'s office.
Pa. Governor Rendell, as the former mayor of Philadelphia, was forced to settle a lawsuit in 1995 with a man who was wrongfully imprisoned just fourteen MONTHS for 1.9 MILLION dollars. So Darrell should be able to get AT LEAST 20 million dollars for over 33 years wrongful imprisonment.
And THAT is why the courts in Pennsylvania have been trying to sweep Darrell's case under the proverbial rug.
DARRELL NEEDS YOUR HELP
Darrell has lost his mother and all grandparents, who have all passed away during his lengthy wrongful incarceration. And has only an elderly father left in the outside world.
He has written THOUSANDS of letters over the years, seeking help and justice. But everyone, thus far, has turned a deaf ear to his pleas.
If YOU are a lawyer, then please take his case on a contingency basis, to force the courts to release him. And thereafter to be paid from the wrongful imprisonment lawsuit that would be undeniable.
If you are not a lawyer, then please find one for Darrell. Or at least spread the word.
But please do NOT send him addresses to write for lawyers, groups, etc. For he's already done that countless times before. If you are absolutely certain that you know a lawyer or group that will help Darrell, then YOU should do the contacting, and have THEM contact Darrell.
Unfortunately, for Darrell, the very few groups who help innocent prisoners are focusing either only on those on Death Row, or those for whom DNA technology can determine innocence. And, since there was no physical evidence in Darrell's case, only false testimony, DNA testing is of no use in this matter.
IMAGINE IF YOU WERE IN DARRELL'S SHOES
How would you feel if you were innocent, yet over 33 years of your life had been unjustly taken from you since you were 18 years old, and no one would help you? Think about that.
Then PLEASE help this innocent man take his rightful place in the free world.
FOR FURTHER INFO, please contact:
Darrell McKelvie
AF-5156
SCI - Chester
500 E. 4th Street
Chester, PA 19013
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