Justice for Wilbert Gay, Jr.

On July 26, 1976, in Philadelphia, Wilbert Gay, Jr. age 19, was an occupant, along with Nathaniel McMillan in a car driven by Jerry Gatty. Jerry Gatty had words with Nathaniel McMillan, and pulled his car over under the Walt Whitman Bridge. Both Gatty and McMillan got out of the car and Gatty got a shot gun and a 38 out the trunk of his car and shot Nathaniel once with the shot gun and three time with the 38. Wilbert Gay didn't know that Gatty had planned to shoot Nathaniel, nor did he contribute in any way in the death of Nathaniel. Jerry and Wilbert Gay left the scene of the shooting.
The next day, Wilbert Gay was arrested and told by the arresting homicide detective that he had been implicated in the murder of Nathaniel McMillan. Jerry Gatty had been arrested earlier that day. At the time of his arrest, Gay did not know that the Philadelphia Homicide Unit that arrested him were themselves being investigated by the FBI for violating the constitutional rights of suspects and witnesses by beating them and mentally abusing them in order to get confessions that would lead to convictions. The FBI investigation centered on the homicide unit's investigation of a multible homicide firebombing case that occurred on October 5, 1975. In that case the homicide detectives picked up a suspect, beat him and forced him to sign a confession for a crime that he didn't commit. The guy would be convicted and sent to prison. The actual murderer would later come forward and confess. The wrongfully convicted guy would get a new trial and would be set free.
When Wilbert Gay, Jr. was arrested he invoked his right to remain silent and requested a lawyer. Disregarding his rights he was handcuffed to a metal chair that was bolted to the floor and the detectives initiated interrogation in blatant violation of Gay's Miranda rights. Not being pleased with Gay's refusal to talk, the detectives began to beat and mentally abuse him. At one point, Detective Roseborough McMillan, the uncle of the deceased Nathaniel McMillan placed his gun against Wilbert Gay's head and told him, "If you don't get life for what you did, I will kill you". Finally, Wilbert Gay succumbed to the physical and mental abuse and signed a statement that the detectives had prepared for him to sign.
The movie, “The Thin Blue Lie” is about the same Philadelphia homicide unit that interrogated Wilbert Gay, Jr., beat him and forced him to sign a statement and how those six homicide detectives were responsible for violating the constitutional rights of the aforementioned firebombing murder suspect and witnesses.
At Wilbert Gay’s preliminary hearing (aka probable cause hearing), he was charged with conspiracy to commit murder. With such a charge you don’t have to participate in the actual murder to be found guilty, if there is evidence that you were part of a conspiracy to commit the murder (agreement and planning) than you would be held just as responsible for the murder as the person who did the actual killing. The statement that Wilbert Gay was forced to sign was not a confession to the murder or to participating in a conspiracy to commit the murder. The statement in legal terms was an extrajudicial exculpatory statement. In a word it said I was a passenger in a car with the Nathaniel McMillan and the driver, Jerry Gaddy, when there were words between the driver, Jerry Gaddy and the victim, Nathaniel McMillan. Then Jerry stopped the car, got out of the car and got weapons out of the trunk of his car and shot Nathaniel to death. The statement said that the defendant (Gay) in no way participated in the murder of the Nathaniel McMillan. The presiding preliminary hearing judge, Meyer Rose initially stated that there was not enough evidence to hold Gay for trial. At that point in the proceeding, the assistant district attorney stated that he had a statement from the co-defendant, Jerry Gaddy (the shooter) implicating Gay in the murder. At that point, the judge Meyer Rose, with the assurance from the assistant district attorney, that additional evidence would be available going forward, Gay was held for trial. At the July 25, 1978 trial the assistant district attorney never presented as evidence the statement that the co--defendant, Jerry Gatty allegedly had made and Jerry Gatty never took the stand at Gay’s trial. The only probable cause to arrest and hold Wilbert Gay for trial was the alleged statement made by the Jerry Gaddy (the shooter) and without such a statement or testimony by Gaddy there was no probable cause for his trial to proceed. That did not stop the prosecution from going forward with the “malicious prosecution” of Wilbert Gay, Jr.
Six members of the Philadelphia homicide unit who are the subject of the movie, “The Thin Blue Lie” were convicted four months before Gay’s trial of violating the constitutional rights of the murder suspect and witnesses mentioned in the movie by beating and coercing them in order to get a confession which led to a conviction. The murder suspect that they beat until he confessed, had not committed the murders. After he was convicted the real murderer confessed to the murders. The only evidence that connected Wilbert Gay to the crime was the statement that four of the convicted felon detectives (John Ellis, James Curley, Rosebourough McMillan and William Jones) had obtained from him. On December 3, 1976, a Suppression Hearing was held to suppress the statement that Wilbert Gay, said was not given voluntarily. The presiding judge, Alex J. Bonavitacola was the same judge that presided over the suppression hearing in the firebombing murder case. At both suppression hearings judge Bonavitacola believed the detectives who would later be indicted and convicted of violating the constitutional rights of the firebombing murder suspect and witnesses. At Wilbert Gay’s trial the prosecution called ten witnesses to testify. The first nine witnesses consisted of one homicide detective, ...