The Deaf American prisoner Felix Garcia, who has been in prison for over 30 years, has been told his earliest date of parole will not be until 2025, after his case was heard in an Offender Review hearing yesterday.
In a surprising twist, his brother appeared at the hearing to say that Felix was guilty of the crime – even though he didn’t witness it. According to the Mail online, Mike Garcia said:
“You know your family members — when they’re telling the truth and when they’re not telling you the truth,” Mike Garcia said. “People can bull crap, I understand that. People are con artists, I understand that. I know my brother Frank. I know my brother Felix. I know Francisco Garcia did not pull that trigger.”
A commission member asked if that meant Felix participated. “Yes. Yes, they were both there at that time,” Mike Garcia answered.
After the hearing, he told reporters that he believed Felix is the person who killed Joseph Tramontana Jr.
“That’s what I’ve heard over the years. I wasn’t there,” he said. “I know my brothers, and that’s it. “
Garcia’s lawyers say that he has two witnesses placing him six miles away from the motel where the murder happened.
Last year, a three-part documentary aired on Al Jazeera America’s flagship America Tonight programme called Deaf in Prison, which focused on Felix Garcia’s case and his treatment while in prison.
Garcia was imprisoned in 1983 for a crime his brother Frank Garcia has since confessed to (although that confession was later retracted). His story became more widely known following an article by investigative journalist James Ridgeway for America’s Mother Jones magazine.
In the article, Ridgeway uncovered how little Garcia understood of the original court case which determined his fate.
Ridgeway wrote that Garcia:
Was given a hearing aid, which he said didn’t work, and a loudspeaker, which amplified noise but didn’t help him understand what people were saying. He tried to read lips, but the prosecutor often faced away from him, and he had no clear view of the witness box.
In other words, he was largely clueless as to what was going on.
Garcia told the paralegal called Pat Bliss – who has supported his case since 1996 – that the reason he answered “yes” to so many questions in court was because he didn’t want to look stupid.
It is suggested in Ridgeway’s article that Garcia’s brother made a deal with the authorities in order to avoid the death penalty.
Read James Ridgeway’s Mother Jones article by clicking here.
Vicky G
November 20, 2014
A disgrace …
Cathy
November 21, 2014
How on earth has this happened in America?!? They are supposed to be more enlightened than us!!!
Remember the protest deaf Americans had concerning the new President for Gallaudet University, some years ago? They protested to the rooftops until the current President resigned to be replaced by a deaf one!!!
I realise deaf Americans may not have been that powerful back in the day when this man was suffering this dreadful injustice, but are they not going to fight for him now??
This man should be finding a good lawyer and fighting his corner. No man or woman should be imprisoned for something they have not committed.
Once a lawyer is in place it should quickly be established that there has been a serious miscarriage of justice! This will mean being finally freed and compensation paid out to him, which will be justly deserved for the loss of so many years incarcerated!!!
Lana
November 25, 2014
thank goodness, I am sure we British Deaf would fight for Deaf’s rights in court unlike this poor American guy.
ptbliss
December 10, 2014
I am heartened to read these comments from British Deaf citizens. I am the paralegal who has been on this case for over 18 years. Briefly like to say that the court system got it wrong, so did the 1983 trial jury. The 10 years we were back in court, culminating in Dec. 2006, fostered a confession by Frank, the brother who set Felix up to take the rap so he could avoid the death penalty. The confession stated Felix had no part in it. However, the Judge did not believe Frank in total and tossed out all his testimony at the Evidentiary Hearing which also included the confession. I had very competent attorneys working on it with me. I now have the best clemency/parole attorney on board (pro bono) and that is the only option for Felix to see freedom here in America, unless we can get back into court if sister Tina comes forward to say Felix is innocent. But if she does she opens the door to be charged as a participant in the crime or for perjury, and its evident her freedom is worth more to her than the deaf brother she testified against at the 1983 trial. Another option would be for the Hillsborough County State Attorney (chief prosecutor) realize Felix’s innocence and bring the case back into court. He has seen all the proof we had at the Parole Hearing yet it has not convinced him. Thank you all for caring for Felix here in America. This case is being watched closely by the Deaf Community and is a prime example of an injustice going to court without a sign interpreter. Sincerely, Pat Bliss