Man Freed from Prison After 17 Years Only If He Agree to Give Up His Right to Sue, Court Documents Show.
The case of Gregory Berry, a man who spent 17 years in prison for a murder he didn’t commit, highlights the complexities and challenges that can arise in cases where prosecutors may try to use plea deals to limit a defendant's ability to sue.
According to court documents obtained by Metro Times, Berry was given the option to plead no contest to accessory after the fact or remain convicted of murder and serve out his life sentence. However, if he chose to plead no contest, prosecutors would release him.
Berry claims that he was not informed about the coercive interrogations and tactics used by Detective Barbara Simon, who has a history of coercing false confessions from suspects. Berry says that he was misled and manipulated into taking a plea deal without knowing about Simon's past.
The Wayne County Prosecutor’s Office disputes this claim, saying it is "completely untrue" and stating that they never made Berry’s plea contingent on his agreement not to sue. However, Berry’s attorney argues that the CIU's records about Simon should have been disclosed and constitute Brady material, which could aid the defense.
Berry was sentenced to life in prison after a trial that relied almost entirely on testimony from Antonio Hamilton, who later admitted he lied about Berry's involvement. Two other witnesses testified that Berry was not involved, but their testimonies were not enough to sway the jury.
In 2020, the CIU concluded that Hamilton's testimony was unreliable and that "significant problems" had emerged that undermined the integrity of the verdict. However, prosecutors still insisted on a plea deal for Berry, which included agreeing not to sue.
Berry argues that he was manipulated by prosecutors and that they withheld critical information from him, including Simon's history of coercive interrogations. He believes that outside agencies should be looking into Simon's past and that defendants need full access to CIU records to make informed decisions.
The case highlights the challenges that can arise in cases where prosecutors try to use plea deals to limit a defendant's ability to sue. It also raises questions about how the prosecution handled Berry's case, including the fact that he was sick with COVID-19 and seven days before Christmas when he was given the option to plead no contest or remain convicted of murder.
Berry says that if he had known about Simon's past, he would not have taken the plea deal. He argues that prosecutors waited until he was sick and on the verge of a holiday to make their offer and that they should be held accountable for any harm caused by their actions.
The case has sparked concerns about police misconduct and the need for outside oversight. Berry says that he doesn't understand how the Prosecutor's Office can self-police when there is evidence of wrongdoing, such as Simon's history of coercive interrogations.
Berry plans to appeal his request to withdraw his plea, arguing that he was misled and deprived of critical information. His case raises questions about the handling of wrongful convictions in Wayne County and the need for reform in the prosecution process.
The case of Gregory Berry, a man who spent 17 years in prison for a murder he didn’t commit, highlights the complexities and challenges that can arise in cases where prosecutors may try to use plea deals to limit a defendant's ability to sue.
According to court documents obtained by Metro Times, Berry was given the option to plead no contest to accessory after the fact or remain convicted of murder and serve out his life sentence. However, if he chose to plead no contest, prosecutors would release him.
Berry claims that he was not informed about the coercive interrogations and tactics used by Detective Barbara Simon, who has a history of coercing false confessions from suspects. Berry says that he was misled and manipulated into taking a plea deal without knowing about Simon's past.
The Wayne County Prosecutor’s Office disputes this claim, saying it is "completely untrue" and stating that they never made Berry’s plea contingent on his agreement not to sue. However, Berry’s attorney argues that the CIU's records about Simon should have been disclosed and constitute Brady material, which could aid the defense.
Berry was sentenced to life in prison after a trial that relied almost entirely on testimony from Antonio Hamilton, who later admitted he lied about Berry's involvement. Two other witnesses testified that Berry was not involved, but their testimonies were not enough to sway the jury.
In 2020, the CIU concluded that Hamilton's testimony was unreliable and that "significant problems" had emerged that undermined the integrity of the verdict. However, prosecutors still insisted on a plea deal for Berry, which included agreeing not to sue.
Berry argues that he was manipulated by prosecutors and that they withheld critical information from him, including Simon's history of coercive interrogations. He believes that outside agencies should be looking into Simon's past and that defendants need full access to CIU records to make informed decisions.
The case highlights the challenges that can arise in cases where prosecutors try to use plea deals to limit a defendant's ability to sue. It also raises questions about how the prosecution handled Berry's case, including the fact that he was sick with COVID-19 and seven days before Christmas when he was given the option to plead no contest or remain convicted of murder.
Berry says that if he had known about Simon's past, he would not have taken the plea deal. He argues that prosecutors waited until he was sick and on the verge of a holiday to make their offer and that they should be held accountable for any harm caused by their actions.
The case has sparked concerns about police misconduct and the need for outside oversight. Berry says that he doesn't understand how the Prosecutor's Office can self-police when there is evidence of wrongdoing, such as Simon's history of coercive interrogations.
Berry plans to appeal his request to withdraw his plea, arguing that he was misled and deprived of critical information. His case raises questions about the handling of wrongful convictions in Wayne County and the need for reform in the prosecution process.
this whole thing is messed up 
like how can prosecutors just use a plea deal to limit someone's right to sue? it's not fair at all 
berry was wrongly convicted and now he's being made to pay for it by giving up his chance at justice 
and it's even worse that the prosecutor's office is trying to cover it up 
they should be held accountable for their actions, especially since berry was sick with covid at the time 
what kind of system lets this happen? 
and now they're trying to take away his right to sue? 
it's like, can you even trust the system anymore? I mean, Berry was sick with COVID-19 and seven days before Christmas when he got offered a plea deal. That's just low 
and Berry needs to keep fighting for his rights. 
. Like, if you're gonna lock someone up for 17 years for a crime they didn't commit, shouldn't they at least have all the info upfront? 
. And what really gets me is that the prosecutors are trying to say it's "completely untrue" that they withheld info from him... yeah right 
. I mean, we know the cops were all over Berry, and now we're hearing that Detective Simon has a history of coercing false confessions... that's just gross 
.
. Berry's got a solid case, and I hope he wins his appeal... this is just the beginning of a long road to justice 
. I mean, can you even imagine going through that? And now, they're saying he was never informed about the coercive interrogations and tactics used by Detective Simon 
. And yeah, prosecutors trying to use plea deals to limit a defendant's ability to sue is just shady 
.
we can't keep relying on plea deals and coercive tactics to get convictions. we need outside oversight and transparency in our courts. it's just not enough to trust the system to do the right thing. we need to hold people like prosecutors accountable for their actions.
it's like they were waiting for the perfect moment to make their move. no wonder he took the bait, he was desperate and vulnerable.
we need to do better, we owe it to people like Berry who are still fighting for their freedom.
. But seriously, this is some crazy stuff. I'm not saying Berry is totally right or wrong, but how could the prosecutors be so sleazy? Giving him an offer on his sickbed? That's just low 
. The system needs some serious fixing, you know? Like, what's up with the prosecutors trying to silence him? Doesn't everyone deserve to sue if they've been wronged? 
. I just hope that justice gets served and he can finally be free from all this 
.
. I mean, we all know about coercive interrogations and false confessions, it's not that hard to figure out 
.
. I mean, can you imagine being in that situation? Not knowing the real truth about your own case until like 10 years later and now you're just trying to clear your name 
Berry's case is like a ticking time bomb, and I think we're just scratching the surface of a much bigger issue 
The fact that he was only offered a plea deal AFTER he got sick with COVID 
shows me that prosecutors were more interested in getting rid of him than doing what's right 
.
what if he had taken a deal without knowing about simon's history of coercive interrogations? could you imagine how much longer his life would be ruined already stuck in prison and now this new twist 
we need to make sure justice is served and these ppl get the chance to redeem themselves in a real way 
And what's up with the plea deal being contingent on not suing? That's just plain sneaky. 
. And the fact that Berry wasn't informed about all this until now is just outrageous