Summary of "The Prosecutors" Podcast Episode 291: The Wrongful Conviction of Pablo Velez, Jr Part 3 of 3

Release Date: February 11, 2025
Host/Author: PodcastOne
Custom Case Art by: Hannah Hill (Instagram)

Introduction and Recap

In the concluding episode of the three-part series on the Pablo Velez Jr. wrongful conviction case, hosts Brett and Alice delve deeper into the intricacies of the case, dissecting evidence, testimonies, and procedural mishaps that led to Pablo's two-decade-long incarceration.

Brett [01:14]: "Today on the Prosecutors, we conclude our look at the Pablo Velez case."

Breakdown of the Incident

The Night of the Shooting

The episode begins with a detailed recounting of the events leading up to the shooting at the Perfect Rack bar:

• Initial Altercation: Adrian Payan was assaulted by Jason Woolley, Richard 'Shorty' Cisneros, and Ron Strandberg at a bar.
• Retaliation: The following night, Adrian seeks revenge, bringing friends Esteban Rodriguez and Emerson Bjorkuez, leading to a shootout that results in one fatality.
• Identification of Pablo Velez Jr.: Claudia, Adrian’s girlfriend, identifies Pablo Velez Jr. as one of the shooters, despite questionable circumstances.

Brett [04:11]: "There are three separate types of bullets, which indicates three shooters."

Forensic Evidence Analysis

The hosts examine the forensic findings:

• Bullet Clusters: Three distinct clusters of bullets were found—9mm, .223, and 40 caliber rounds—each pointing to different shooters.
• Matching Shooters to Evidence:
  • Jason Woolley was identified as the shooter of the 9mm rounds.
  • The .223 casings were linked to a blue-shirted shooter, initially identified as Pablo.
  • Ron Strandberg was associated with the 40 caliber pistol rounds.

Alice [08:50]: "The clustering of the bullets suggests..."

Ambush Theory Debunked

Alice challenges the notion that the incident was an ambush orchestrated by the original group, arguing that Jason Woolley’s purported actions don’t align with typical ambush strategies.

Alice [09:49]: "If this were an ambush, what is the purpose of Jason Woolley shooting one bullet into the ground?"

Alibi and Testimony Complications

Pablo’s Alibi Discrepancies

Pablo claims he was having an all-night conversation with his ex-girlfriend, Anel, providing him with an alibi. However, inconsistencies arise:

• Timeline Confusion: Anel initially couldn’t confirm the exact date, suspecting the conversation occurred two weeks later than Pablo remembered.
• Potential Fabrication: The uncertainty raises suspicions about the validity of Pablo’s alibi.

Brett [12:48]: "The prosecution's obviously saying, look, this is him trying to cover up what happened."

Ineffective Assistance of Counsel

Pablo's attorney, Mr. McLean, failed to adequately prepare Pablo for testimony, leading to poor performance on the stand that likely influenced the jury's perception.

Brett [22:01]: "Juries can make a decision that you're guilty if you testify based solely on that."

Post-Conviction Challenges

Witness Recantations and Affidavits

Several key witnesses provided affidavits post-conviction that undermine the prosecution's case:

• Claudia Beltran: Initially identified Pablo, but later recanted, stating she mistakenly identified another individual.

  Brett [33:02]: "Claudia's recantation is immediate."

• Christopher Newby: Identified the actual shooters but refused to testify due to fear of retribution.

  Brett [36:15]: "Christopher Newby is actually a new witness, and he submitted an affidavit..."

• Jason Woolley: Affirms Pablo’s innocence, stating Pablo had no involvement in the shootings.

  Brett [38:16]: "He is willing to say it was not Pablo, Pablo didn't do it."

Brady Material Evidence

Evidence that should have been disclosed to the defense was withheld, constituting a violation of Brady rules:

Brett [27:46]: "This is Brady material, correct."

This includes notes from Officer King indicating alternative suspects and their threats against witnesses, which were never shared with Pablo's defense team.

Arguments for Pablo's Innocence

Inconsistencies in the Prosecution’s Evidence

• Ownership of the Cadillac: While the gold Cadillac involved in the crime was registered to Pablo, there is evidence he had transferred its use to Ron Strandberg for repairs, supported by third-party testimonies.

  Alice [42:17]: "Abraham Song testified that Ron Strandberg took Pablo’s Cadillac to have a stereo fitted."

• Weak Eyewitness Identification: Claudia’s identification was unreliable due to her initial intoxication and subsequent confusion.

  Alice [50:28]: "Claudia had a number of Long Island Iced Teas the night of the shooting..."

• Lack of Pablo's Presence: No solid evidence places Pablo at the Perfect Rack during the time of the shootout, and his presence was primarily inferred from the car registration.

Procedural Errors

• Defense’s Tactical Mistakes: Failure to preserve critical evidence for appeal and inadequate preparation for Pablo’s unexpected testimony weakened his defense.

  Alice [24:02]: "We've talked about this exact procedural situation many times."

Support from New Witness Statements

Affidavits from Christopher Newby and Jason Woolley further exonerate Pablo by identifying actual shooters and denying Pablo’s involvement.

Alice [39:11]: "Jason Woolley... says Pablo had nothing to do with it. Don't lock him up; don't lock up this innocent man."

Counter-Arguments: Evidence Against Pablo

Forensic and Circumstantial Evidence

• Car Registration: The gold Cadillac was tied to the crime scene and registered to Pablo.
• Photo Lineup Identification: Claudia initially identified Pablo in a photo lineup, albeit with inaccuracies.

Brett [45:22]: "Pablo looked as if he was trying to falsify an alibi at trial when he talked about... having an all-night conversation."

Lack of a Strong Alibi

Pablo relied solely on his statement to Anel, with no independent verification, making his alibi susceptible to doubt.

Alice [35:37]: "He doesn't have anyone to back up his alibi ... it's his word against everyone else's."

Conclusion and Call to Action

Brett and Alice assert that the case against Pablo Velez Jr. is fundamentally flawed, emphasizing the wrongful conviction due to inadequate evidence, unreliable witness testimonies, and significant procedural errors. They urge listeners and legal advocates to review the case materials and consider actions for Pablo’s exoneration.

Alice [54:29]: "I don't have any doubt that Pablo is innocent. He currently, as we speak, is up for parole."

Advocacy and Resources

The hosts encourage support for Pablo through prayers and advocacy, highlighting that his case has received little attention compared to more high-profile wrongful convictions. They mention resources such as a dedicated Facebook page and a comprehensive Google Drive with case documents for those interested in further investigation.

Brett [54:29]: "Read the same testimony we talked about. You could read this trial in an afternoon and see what you think."

Listener Interaction and Personal Updates

Towards the end of the episode, Brett and Alice shift gears to discuss personal matters, including family life and future podcast projects. They address listener questions humorously, updating fans on their growing families and upcoming personal events.

Brett [59:50]: "Sally sue wants to know, what did your respective spouses say when you said you were starting the prosecutor's podcast..."

While this segment diverges from the main case discussion, it provides a glimpse into the hosts’ lives, maintaining a relatable and engaging dynamic for the audience.

Final Remarks

In closing, the hosts reiterate the importance of scrutinizing wrongful convictions and advocating for justice. They express hope for Pablo’s imminent parole and encourage ongoing support from their listeners.

Alice [57:13]: "Please listen to these three episodes. It's not that confusing."

Brett [54:29]: "Keep Pablo in your prayers too as he goes through this process of getting parole."

Note: This summary encapsulates the key discussions and insights from Episode 291 of The Prosecutors, focusing on Pablo Velez Jr.'s wrongful conviction. Listeners are encouraged to engage with the full episode and accompanying resources for a comprehensive understanding.