Brothers 'elated' to be free, thanks to Facebook
(CNN) -- Two brothers who were released from prison Monday after nearly 25 years say their convictions were based on mistaken identity.
Raymond and Thomas
Highers, appearing on "Erin Burnett OutFront" on Thursday, said they
were in the neighborhood the 1987 night a drug dealer was killed in a
Detroit home.
But not only was a
witness wrong about them being the men fleeing from the house, those two
men weren't the killers either, one of the brothers said.
"They were more or less
victims themselves of the crime and were told at gunpoint to leave,"
Raymond Highers told CNN. "We were mistaken for those young, white men."
The brothers were granted bond after a chance Facebook encounter led to new testimony from a man who says he was one of those two white teens who were at the house to buy drugs that night.
John Hielscher, a
teenager at the time of the killing, said in an affidavit that he went
to the house with friends to buy marijuana and had a gun put to his head
by a group of four or five young, African-American men, the Detroit
Free Press reported.
"I can remember it as if
it was yesterday. It was almost up to my head," Hielscher said in a
recent interview with the newspaper. "The gunman said, "Get the f--- out
of here."
As they were running away, they heard a shot, he said. Fearing repercussions, he put the night behind him.
A former roommate, Kevin
Zieleniewski, contacted Hielscher after he had a 2009 Facebook exchange
with a woman who posted about the Highers being in prison.
Their 1988 convictions
were based partly on the testimony of a witness who saw two men go into
the house and run out after a gunshot, said Valerie Newman, Thomas
Highers' attorney. That led authorities to presume they were the killers
and they were the Highers.
With the new testimony "those presumptions are evaporated," she said. "The prosecution has absolutely no case."
Asked if the brothers,
born 11 months apart and now 46, knew the men who allegedly were the
killers, Timothy Highers said, "Absolutely not. We got embroiled in it
just by being in the neighborhood that night basically."
The Highers await a new
trial after Wayne County Court Judge Lawrence Talon threw out their life
sentences in July. A pretrial hearing is set for August 29.
Under Michigan state
law, a judge must review an inmate's conduct in prison before release,
even if the inmate's conviction is set aside. On Monday, the Highers'
former warden and a clinical psychologist testified on the brothers'
behalf at a bond hearing.
Carol Howes, former
warden of the Lakeland Correctional Facility, where the brothers were
periodically incarcerated, said she believes they're innocent.
"I've known them for
over a decade. I've never known them to lie to me about anything," Howes
told CNN. "They have consistently said that they were innocent."
The brothers went home Monday after posting bond.
"We're feeling very
happy and elated," Thomas Highers said Thursday. "The last few days have
been like a whirlwind ... meeting new family and getting to know
everybody once again."
The Wayne County Prosecutor's Office is appealing the granting of a new trial.
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