By Jason Derrick
Justice:Denied magazine, Vol. 1, Issue 12, http://justicedenied.org
My name is Samuel Jason Derrick. I was born on April 5, 1967, and this is my story.
Until I was twelve years old, my childhood was pretty typical. Then, the family blocks came tumbling down. My mother had an affair, which resulted in pregnancy and eventual abortion. My father was seldom home after the affair, and he became an alcoholic. My mother became a drug addict. She used whatever was available, and when she was home, she was there to sleep.
Being the second oldest child and the most mature of four children, I became responsible for doing all the things parents usually do within the home, and nurturing my siblings. I did so for about two and a half years. When I was 14, I left home and got my own apartment, paid for by an older woman in exchange for sexual favors. When I was 17, I got caught up in bad influences, which resulted in felony convictions for theft and forgery. I spent thirteen months in youthful offenders' institution for these offenses.
Also, at 17, I met a 16-year-old female who would eventually become my wife and mother to my son. We married on January 17, 1987, and on May 30, 1987, my son, Shawn, was born. I must say, it was the happiest day of my life, and witnessing his birth gave me a whole new respect for life. A couple of days after bringing my son home from the hospital, I was lying in bed with Shawn asleep on my chest. He was so tiny and adorable. As I lay there, I remember thinking to myself that I was a dad now. I was thinking about my dad, in comparison to the dad I wish he had been, and right then I made up my mind that I was going to be the best dad in the world.
Now, almost 13 years later, even though I am on death row, my son and I love one another more than anything or anyone on this earth. I have not let him or myself down.
My life changed on June 29, 1987, less than a month after my son was born. I was at a convenience store with my wife and a man I thought was a friend. I was at the counter paying for my purchase when two men approached me and asked me if I was Jason Derrick. When I acknowledged that I was, one of the men identified himself as a detective from the Pasco County Sheriff's Office. He then informed me that I was under arrest. The detective handcuffed me, and as they escorted me outside and to their car, I asked them why I was being arrested. They told me that I would be told at the Sheriff's Office.
When we arrived, they took me to an office and recited Miranda to me. Then, they interrogated me for the next seven or eight hours. They began by telling me that I was under arrest for killing a man named Rama Sharma, a 55-year-old man who owned and operated a local county store named Moon Lake General Store. Into the interrogation, one of the detectives said they wanted my shoes, which I said they could get.
Because they were at my mother's home, they said I had to sign a property waiver, which I agreed to sign. When they brought the form to me, one of the detectives wrote on it and then told me to sign it in two places, indicating with his finger where I should sign. I informed him that I wanted to read it before signing it, which I did, and on this form were four sections of waiver. Number one was a property waiver, number two was a waiver of vehicle search, number three was a waiver of prosecution, and number four was a Miranda waiver. After reading the complete form, I specifically told the detectives that I would sign so they could get my shoes but that I would not sign the other waivers, as it looked like I needed a lawyer. I did not want to waive my rights because I wanted a lawyer.
The two detectives then looked at each other, and one told me that I did not have to sign it if I did not want to. So, I signed only the property waiver section of the form. A waiver was never mentioned prior to this.
After Miranda was recited, the interrogation began. Miranda was incomplete in that I was not afforded an opportunity to exercise my rights before the interrogation began.
During the interrogation, I responded to their allegations by saying only that I did not kill the victim and that I did not know anything about the incident. The detectives then said that they knew I stabbed Rama Sharma to death because a friend of mine told them that I confessed to him. I told them whoever said that was a liar. Then, this person confronted me -- it was a friend of mine named David Lowery. He was acting as an agent to elicit a statement from me. I was not read Miranda before the confrontation. David told me to just tell them that I did it. I asked David why he was doing this to me, and he responded that he had to tell them something. David started crying, and we were separated. The detectives began interrogating me again. I told them I had nothing else to say, but they just kept asking questions. I kept saying that I did not do it, and that David was lying.
David Lowery was a friend with whom I regularly spent time, and I even opened my home to him when he needed a place to stay. A car similar to David's was witnessed around the time of the murder in that same area and detectives were following him in the days following the murder.
In fact, David was originally arrested for the crime. I suspect he implicated me to protect himself and his friend known as "Craze." Throughout New Port Richey, Craze was known to have problems with the victim, and witnesses say he had threatened to close down the victim's store. Craze was known to often carry a knife.
The detectives began asking me multiple-choice questions, but I never acknowledged any of their inquiries. The two detectives left, and then returned a few minutes later and resumed questioning me. Now, they were suggesting answers to me. I continued to tell them that I did not want to talk anymore. One of the detectives told me that if I admitted to the crime, he would help me by getting an insanity plea and I would only have to spend five years in a mental institution before I could go home to my wife and son. In response to his offer, I told him that I was not admitting to anything because I did not do it.
One of the detectives said that if I didn't admit to it, they would have my son taken away from my wife and me. I told them they could not do that. They said they believed I killed the victim, and could easily assume my wife was involved because I would not tell them anything. They said they could simply tell Child Services that my son was in danger, he would be taken, and my wife and I would never see him again. At this point I became very emotional and began to cry. The detectives asked me to just tell them that I had committed the crime. Through my sobs, I repeated again and again that I had not done it. One of the detectives left the room and returned in a few minutes with my wife.
I told her that the detectives kept accusing me of stabbing someone thirteen times, and she held me as I cried. After a few minutes, they told my wife she had to leave. They put me in a car and drove me to the murder scene. They pointed out to me where the victim's body was found, and began asking me suggestive questions about how they thought the murder happened. I continued to tell them I did not do it and that I did not have anything further to say about it.
After a while, they asked me to at least show them how to get to David Lowery's house from there. I complied, and then they took me back to the sheriff's office and booked me into the jail. I was taken into custody around 8:00 p.m. and booked into the jail at approximately 3:00 a.m.
When I went to trial, no physical, forensic or DNA evidence was presented against me. David Lowery testified that on June 24, 1987, he dropped me off at a bar next to the victim's store and saw a double-edged knife he had seen earlier in the waistband of my pants. David testified that at 1:00 a.m. on June 25, 1987, I awakened him asking for a ride home, and that during the drive I told him I had just robbed the Moon Lake General Store. The detectives testified that I confessed to ambushing the victim, stabbing him thirteen times with a double-edged knife and robbing him of $360.00 at 10:30 p.m. on June 24, 1987.
However, the medical examiner testified that the victim was stabbed 33 times at 6:00 a.m. on June 25, 1987 with a single edged knife.
The detectives also testified that I took them to the crime scene to show them where the murder weapon was discarded, and then to a pond where my clothing was discarded. No murder weapon or discarded clothing was ever recovered, and therefore was never introduced into evidence. No documentation of the alleged confession, which they claim was willfully and voluntarily made, exists. The State's case is purely testimonial and nothing said is substantiated with independent evidence.
In summary, David Lowery and the detectives testified that I confessed to murdering the victim at 10:30 p.m. on June 24, 1987. The medical examiner estimated the time of death as 6:00 a.m. on June 25, 1987. At that exact time, I was sleeping at my mother's home. If the prosecutor had supported the testimony of the medical examiner, it would have disproved their only evidence, my alleged confession to Lowery and the detectives.
During my trial, my lawyers called two witnesses in my defense. One testified that she witnessed four people outside the Moon Lake General Store the evening of the murder. She testified that one of these people came towards her car and gestured in a threatening manner, so she left without entering the store. She testified that I was not among those individuals.
The second witness in my defense testified that she saw the victim alive in the store at 2:15 a.m. This woman worked for the victim, who was of East Indian descent. She said he was easily recognizable as no one else looked like him. Her testimony again went against the prosecution's theory that the victim was killed at 10:30 p.m.
When I was called to testify, the prosecution jumped up and approached the bench, blurting out an unplanned witness' inflammatory testimony in front of the jury. After some consideration, my lawyers advised me not to testify. I trusted my lawyers' decision, and my trial abruptly ended. The unplanned witness, an inmate who would receive a break for testifying against me, never took the stand.
I believe I was found guilty for the following reasons:
1. The judge sustained the prosecutor's objection to impeach Lowery and one of the detectives. 2. The prosecutor jumped up, announced a new witness and requested a Bench Conference directly after defense announced my name as the next and last defense witness. 3. The jurors or some of the jurors heard the previous Bench Conference, in which the prosecutor said exactly what his new witness would say, and threatened to call the witness in rebuttal if I testified. 4. The judge denied a continuance made by defense to depose and investigate the State's new witness, which ultimately resulted in my not testifying under the advice of my attorneys. 5. I did not testify. 6. The prosecutor made improper closing arguments by rebutting his own expert witness, the medical examiner, and by asserting his own inexpert opinion about the time and manner of the victim's death. 7. The judge denied the jurors' written request to have the medical examiner's testimony read back to them about his estimate of time of death and the type of murder weapon he concluded was used. 8. The judge allowed a fabricated confession to be introduced against me. 9. The sheriff guaranteed a conviction in his bid to be elected. 10. The prosecutor suppressed evidence that implicates David Lowery and his friend, known as "Craze." 11. The prosecutor suppressed evidence that David Lowery was arrested before he implicated me, and that the prosecutor lied by saying and having the detectives say that David Lowery came forward on his own free will. 12. My attorneys presented no evidence to challenge the alleged confession during the Suppression Hearing. 13. Finally, because I had public defenders.
I did not murder Rama Sharma, nor did I take any part in his death, and I did not confess to this crime. My son, my family, my friends and I, and anyone who believes in the justice system, are victims too.
Almost thirteen years later, no end to this nightmare is in sight. Since I have been on death row, I have become divorced. I have sat helplessly, not being able to help my family. My father has died. I have missed out on my son's daily life, and have not been able to be there for him when he needed me most. My potential is being wasted.
Still, I remain positive. I am optimistic that someone will eventually hear my cries. I have close ties to many family members. I have a great relationship with my son and I have developed great friendships with people who have come into my life since I have been on death row.
My hope is that publishing my story with Justice Denied will result in my getting the help needed to prove that I am innocent so that my son and I can be reunited. All I need is help from someone who actually cares about justice -- someone who will fight the system to get it.
Currently, Capital Collateral Counsel -- North Region, a state-funded organization, represents me. In other words, the people who represent me are paid by the same people who are trying to murder me. I know someone out there can prevent that tragedy from happening. If that is you, please help me.
Thank you for your time.
Please visit Jason's webpage at: http://us.geocities.com/vladd77/CASE_DERRICK.html
You may write to Jason directly at:
Samuel Jason Derrick 097494
Union Correctional Institution
PO Box 221 A-1 P1115S
Raiford, FL 32083
Outside contact is: Joley Richards joleyrichards@yahoo.com
©Justice: Denied