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You are now listening to true murder, the most shocking killers in true crime, history and the authors that have written about them: Gacy Bundy, Dahmer, the night stalker Btk every week, another fascinating author talking about the most shocking and infamous killers in true crime, history, true murder, with your host journalist and author Dan Zupansky good evening in nineteen, sixty eight a budding New York City entrepreneur who provided immigrants with jobs, takes a Florida vacation with his family. Meanwhile, as well,

an employee is murdered on a lot the house of Road journeys farm. Why to bring you exceptional quality kitchen about fix this in all of this you'll see the details of your arm story. The story of a life well. Crafted welcome to the house of row on the island upon returning to New York SAM summer learns the fate of his wife's uncle Irving Silver when he doesn't show up to carpool to work three days passed with no clues about his death, then a recent contractor at SAM's Delhi sets up a meeting to share news on the investigation within moments after pulling into a donut shop. Parking lot to meet SAM is kidnapped by detectives with the engine still running. While held in custody, is beaten and allegedly confesses to the murder court proceedings amount to do overs, appellate victories and overturns and mysterious documents. Sam is found guilty of murder in ninety.

Seventy one with short order, In short order. His case is highlighted in college law courses after serving in years of power, hungry guards and moving often from prison to prison for good behavior SAM is released on parole in nineteen. Ninety one justice continue to railroad him until two thousand and fifteen when he finds an eerie document in the police archives that proves his innocence. That discovery triggered the re opening of the case and free legal assistance. What will a momentous turn of events bring next book? Your featuring the seating is railroaded framed for murder, fighting for justice, with my special guest, p r, Pro and author Christopher John Sir Welcome to the program, and thank you very much for agreeing to this interview. Christopher Job search. Yes, Dan. Thank you for having me on blog talk, radio, it's a pleasure! Thank you very much. I just got to make one,

Correction, we're now on speaker. Despite that little blogtalkradio at the beginning. Yes, no problem: here we go formally Btr, so I want to ask you right off: how did you come to be the author of this? How did you come around to deciding to write this book? How did you be in a position to write this book railroaded. This whole separate story in its own right Dan, and I don't want to take up too much time on it, but it is a rather unique opportunity for me. It the divine moment, totally show Over here in Wisconsin, I've been a public relations professional for twenty seven years do a lot of writing work with a lot of media. Long story short and is a public safety training center here in Appleton Wisconsin, only one of the best in the nation. It's an eighty acre facility that train to the FBI, the Department of Justice, and so If worse, there was a crime, writers Academy that was held here in two thousand and fifteen, which was pretty cool. We had a bunch

each of probably between one hundred and fifty and two hundred mostly fiction crime writers who gathered here in Appleton WI, which is just s of Green Bay. For your listeners in the sense of geography, that you Karin Slaughter, which I'm sure you know very well one of the best fiction crime. Theaters around. She happened to be the keynote address main speaker at this function. So I get a call simply because of my role at the college, from a publicist of hers in downtown New York simply asking me if I would help get miss slaughter on some regional media help promote her new book. Well, it's what I do in my profession anyway, Dan. So it was a natural fit. I met. Miss Slaughter was a great long story, short again I'll just push fast forward here. As a result of that event, the publicist in New York called to thank me, and she asked me the loaded question: is there anything I can ever do for you?

well and I've been writing for many many years published articles internationally. You've done a few bucks here and There- and I just said, hey look in in that with anyone in New York. Do you have any a connection that you can share with me? Here's the divine moment this publicist new, I friend, who actually employed in a very small office. Other great granddaughter The gentleman who was wrongfully convicted of murder in nineteen sixty eight and was looking for a writer to tell his story and that's how the things started pretty amazing. Yes, absolutely. Let's talk about before we get to the actual date in question: yeah, yes, may twenty second, nineteen second of nineteen sixty eight take us back to the or

regions of Samuel Summer and the and his background, which is very important to the story. His is work background, his family background and and take us up to where he meets his soul. Mate Elaine absolutely You bet him and on that note one of the things that we discovered in looking into Mister summer story, was that he was not your typical, the victim or accused victim of a hate crime and I'll touch base on that a little bit later, with all due respect to people who have to go through that whole judicial process of of wrongdoing, but a lot of the heat cry. Times today than that are portrayed often shed light on people who live. You know under

privilege, underserved lives, I get it. You know that there may be living in a ghetto area. They may be targets of unfair. You know. Judicial practices by law enforcement so forth. Mr summer was completely different, so he grew up in the South Bronx hard working middle class family that was in the garment and three New York in the 1940s and 50s jewish american family. Mister Summer land that job when he's sixteen years old in high school and the job was so fast. Based so moving and put him on a road to success at such a young age ended up, dropping out of high school to do liver meats and and dairy goods around the big city for couple of companies and mind you

Back in that time, in the in the 1950s in New York, there were a lot of new things coming into play. Delicatessens for one. I know that cats is in downtown New York, which is still there from the 50s was a little. A little part of this book. Mister summer became an instant entrepreneur at a young age. What he did by the time he was even one thousand nine hundred and twenty years old is. He was already looking at owning his own business and he was the first kosher deli to ever be put up in long island and was put up and call MAC. It was called Rosen's and I believe that was I put in the play in nineteen sixty five while he was growing a young family with his wife Lane, who we happen to meet an old pool, setting in the South Bronx. You came from the court in court, other side of the tracks, a little bit more of an upper class upbringing for Elaine and so they're growing. This large family and just trying to make ends meet, get getting these businesses off the ground in terms of delicatessens

and the wholesale food services. A little side note two to his business when he was in his late MIS Mister Summer was already introducing Kittering, if you will, in the areas of health, Karen Education throughout New York and parts of New Jersey. So by the time he was thirty, he was making in the neighborhood of a hundred and he was making it. What would what would be today about a hundred fifty to two hundred thousand dollars a year? He was making that in cash at that time he was a very giving man a very much of innovator. He loved, employing immigrants in greater New York area to give them a shot at the american dream, so he was really quite a community man, quite a family man and very important part of New York City's food service industry and the economic vitality that was attached to that at the time. As you write in the book, you tell us that give us a story

background as well about law enforcement and how it had been mired in and in corruption and scandal at various times. But you also talk about the role of the mafioso in certain industries in New York and yes, there, basically their of their grasp well entered into all kinds of industries, like the garment industry. Tell us a little bit about the reality of the mafioso in New York and in its effect in industry. At that time, yeah Dan, it was prevalent. You know back in that time we're talking again, you know, fifties 60s, want a lot of different markets were trying to identify themselves in the big apple? You mentioned the garment industry and then food service kind of took off, and a lot of things were happening right there in that central Hub Manhattan, Brooklyn in the Bronx, but not a lot was happening out on long island

Mister Summer was able to work closely with some people do on in the Manhattan and the Brooklyn Bronx areas to store some of his vehicle that he needed to because deliveries and go kind of caught up. He admits he got kind of caught up in being educated. If you will by the street very quickly when we talk about the mafia back, then the karting industry, better known as the garbage collection industry, was lost, booming back then and Mr Summer was a well respected businessman, and I know that he was approached on a couple of occasions by members of the mafia to to offer some business planning business strategy. If you will too, from the carding industry to long island mister summer.

That that he would be more than happy to and he did Jack. We asked to help with the business expansion, but he had nothing to do with any of the money. He just simply don't want to deal. At the same time, this is an important part of the story: Mister Summers, wife Elaine, who relative her uncle a gentleman by the name of Irving Silver, who is the deceased subject matter of the book. He was going through some difficult times in his late fifties as wife for some spring from from an illness, and he was trying to control his son Ronnie Silver, who sadly got caught up in the street. He got caught but with a lot of the mobster activities, gambling was a big problem that he had. Mr silver was basically kind of down and out when he lost his wife Jeanette.

In the late 60s and so SAM Mister Summer took Mister silver on to help turn his life around by being involved in the food wholesale business and the delicatessen businesses that he was enterprising at the time and that's an important part of the story, because we'll find out that mister silver was never really able to let people of the street that got control of him, and you know you mentioned law enforcement Dan. What's interesting in the movie, Sir Pickle We all remember that one portrayed with the corruption of of the down New York City police force in certain precincts play, of course, but

Al Pacino in the blockbuster movie. What's interesting about that, that was pretty much going on right around the same time that the law enforcement is in Suffolk County, which is one of the two main counties on long island of course, are started to become corrupt. So you know it's hard to pinpoint Dan really when you try to connect all the dots with the mafioso and the law enforcement who's greasing, whose palm at the time, but it it's strikingly similar. Of that, everything that was portrayed back then was really happening to mister summer. He was kind of like right in the middle of it and while he was growing in empire, sadly he got he got kidnapped. You got the rug, just pulled completely off from him, and we could talk about that next. Well, let's talk about this

Herald Gober Man and his aliases Masterson. Let's talk about some of the circumstances in which the government a Meet SAM and the business that is proposed between them and yeah, absolutely so healed will remain. I went to I went to within an alias name. This is a guy who was so let in and out of prison on a new summer. Applications was convicted. Felon turns out that he became an informant for the Suffolk County Police Department. We don't specifically know when, but we do know based on court documents that it was. Least in sixty eight or sixty nine, because it came through in the Huntley hearing that Mr Summer ended up. Winning we could touch base on that in a moment, but don't go tragically was caught up not only with the informant

all whether that was legitimate or illegitimate, but he had ties to the mafia and he wanted to become involved with Mister summers bit. And ironically, Mr Summer goes on a vacation in spring of sixty eight with his young family to Florida, leave the business in the hands of Irving Silver, his relatives, and it would MR summer at the time I looked at. It, isn't wonderful growing opportunity for Irving sober to gain some independence, because you've gone through losing his wife had gone to some troubles on the street with with his son, here's what happens while SAM Summers vacationing in Florida.

Mr Silver Loans Herald Goldman five thousand dollars all the summers money without someone knowing about it right, two days after he loaned Goldman the money, government, peace, silver back, the check, bounces silver gold to the second precinct in Suffolk County to report. The incident on around May 15th of one thousand nine hundred and sixty eight two days later, silver is found dead in a ditch off of Wheatley Road near Melville. So that's what started this whole string of what we call a very odd series of events that took place during the week of May 17th, one thousand nine hundred and sixty eight when silver was found killed. You say that SAM and his family run vacation in Florida correct. What does he do? He cuts that vacation? He cuts. It short,

and leave your family back there. Why is that? What has because yep yep absolutely SAM came back to New York around May 15th two days before Mister Silver was kill I believe he flew in that night. He spent the following day with his relatives. His family member is business partner because silver was nervous about the whole transaction that he did without SAM's. Permit and with some government. He wanted to come clean and he felt scared. He felt scared for his life So SAM came back and SAM basically assured him. You know what this will all worked, one We just resume work. The next day he had all the intentions of flying back to Florida and finishing is the case, so they were going to resume work for one more day and just get kind of caught up on things. The morning of May 17th, which was a Friday and Mr Summer never met,

I'm sorry, Mr Silver never met SAM summer for their morning, carpool, which is something that they did as a tradition together and that's when a few hours later on that day, SAM discovers from Irving Silver It's Ronnie's remember the one that had the gambling problems and was caught up in the mob that Irving was dead at what else does he tell him in terms of the circumstances surrounding his father's death strange strange, set of circumstances, Ronnie Silver actually changes. The story in a couple of occasions played a little bit of what we call can't CALL Scheme with SAM summer. That morning, obviously SAM is worried. His business partner does show up. So he starts calling his house. Over near Kew, Gardens finally gets a hold of of Ronnie Silver, who at first really didn't know,

tell SAM, and then he later shortly thereafter discloses to SAM that he can't to stay out of debt is missing, and then he within that same morning, they're connect again on the telephone and he says to SAM that his dad is killed. So, just coming from a son of an immediate family member, like that, it was just very very strange when all that happened later on, we learn we find out that you know. Ronnie silver takes the stand during murder trial to me to get ahead here, but and really kind of more last less war, the hand of a no contest kind of feedback during the whole trial situation, but that whole here's what happened as a result of that whole kind of fishy disclosure from the sun about his own father that made SAM really just kind of roll up his sleeves and want to help get to the bottom of

what happened now? Obviously you do about Doberman, because that's why he came back from Florida. So read told him about that. So SAM was going to work with the police to look in the government, not even zone. That's an important part of the story. Sam already new government government had done some side. Jobs for a few of his business is leading up to the Florida vacation. He had repaired some light fixtures here and there. So SAM was just trying to give the guy a second chance at life, being in and out of prison based on trusting silver. But I have a new better not to go after Golderman about this whole silver thing, so he was trying to work with the police as to what was going on and you know it's really kind of odd from the get go tool and this all seems to make sense later on. When we signed these documents, the police really were somewhat unresponsive at first one SAM call,

but then I'm a quick turnaround. In the same day, they call family in for questioning, firstly, one they wanted them to identify the body and then made they engage in a series of questions. That kind of insinuated that he was the one who killed Irving and family did appreciate that. So there was just kind of this rough tough attitude that Suffolk County. He was looking at SAM right away. I'm at 17th of May sober silver was, but they really didn't say he was a suspect. Then there was a quick turn around on a funeral due to a due to jewish tradition, and then a few days goes by and we get to a kidnapping that happened on May twenty. Second, let's not forget that there is a he talks, the police and then says I will come down to and talk to you later. I have this important thing to do. Yes, he doesn't do it. Why? Why? Yes, short, yep, sorry to miss that detail sold what SAM decided to do

he had made an arrangement after the Suffolk County detectives, went and visited him at his office, and you made an arrangement to go back down and meet with them later that day. Sam did not follow up on that quest because he wanted to do it at a later time after he told his family out of respect to Elaine what happened she had not knowing what happened to her relative yet and he wanted to notify the family first. But then he offered to talk to the Suffolk County detectives. Again at another time and that, from a scheduling standpoint, a formality did not happen. So we're talking about that weekend. Eighteen 19th Saturday, Sunday, 20th twenty first twenty second, which leads up to the next time he had encounter with the police. Let's go to that. You say it's around. Eight hundred o'clock may 22nd one thousand nine hundred and sixty eight, but take us a little bit before that.

To the phone call and the lanes reaction and the conversation. And then who does he get the call from? And where does he go to me? yeah the evening of May twenty. Second again now we have to ridiculous kind of do our best year happened so long ago, obviously, and mister summers. Eighty three today, his wife at this she past couple years ago, but let let let's just try to put ourselves in the shoes of the emotions that are going on with this family Elaine is beside herself on her. Uncle's gone. There's no answer, there's not even an investigation into anyone else. There's no information shared with the summer or silver families send. They talked SAM, identifying the body and meeting him at his office back on? May there's really nothing in between their damn soul

What's going on, you know: where are they at? Are they looking at anybody else? What about government? Well, here's the Erie part! What about government it's dinner time? The evening of May 22nd Wednesday, one thousand nine hundred and sixty eight, then the summer household gets a phone call. Who is it? It's Terrell Government- and this was all brought up in that first appellate hearing, which Mister Summer one. So this is not something that was a he said. She said he gets a call from hell. Government have

basically look SAM. I got information on what happened to Irving silver. Can you meet me tonight I'll talk about over at Dunkin donuts? This is an Cormac and the Dunkin donuts still stands today. The only literally four blocks from SAM's house at the time right is shaking. You know he's when he's talking to go over man, and he basically run this by you Lane who hat what have nothing to do with this. It just smelled fishy from the get go, but SAM decided to go meet with government because they need to make for may shun. They had nothing. So sham makes an arrangement with his wife and another couple. The Saronis dear friend, of SAM, the guy, worked in Doj for many years that SAM wasn't back from Dunkin' donuts again for blocks

Way in a certain time parameter two thousand and thirty minutes. Could they please come and check on him, smart thing for him to do so. He takes his gargantua one german shepherd dog that they had at the time puts him in the back seat of a station wagon, probably for some You know form of security and drives over Dunkin donuts. This is absolutely mind, boggling I was just out in long island from Wisconsin last about a month and a half ago, and I reenacted this crime scene, samples in the Dunkin' donuts, and as far as I know, over all these years, I don't think the parking lots been renovated. Obviously, things have changed around the building in the building's been renovated, but it's a very good parking lot. He pulled into the parking lot on that on that,

so I'm going down, but still out in the street detectives well dressed, he did know they were detectives. Okay, three well dressed men start approaching his car right at him before he can even turn into a parking stall. So he stopped in the middle of this parking lot and they start yell and summer summer. These complete strangers worse government government is nowhere to be found. Nowhere. Three people come they basically kidnap SAM. His car is found one thousand five hundred and twenty minutes late, from his family and another police officer, and that coupled with Saronis his door, and his car was still ajar. The engine was still running. These people didn't even turn the engine off the

You and I know, they're detectives, he didn't know what was going on it at the time and his dog was gone berserk in the backseat of the car, so he's literally yanked by the time he's dragged across a lot of ported to detect this car. He knows their detectors. By that time there were some witnesses from the donut shop there, a group of teenagers and apparently the manager on duty that same his wife Lane and the couple and the police officer were able to talk to

but in another mysterious set of circumstances when the detect, while the police officer on the scene claims that he calls down to the fourth precinct com aside in Suffolk County, there really was this exchange of I don't know what has happened. You'll have to file a missing persons report it just smelled too fishy from that time. With his wife and the couple, the obviously knew something was wrong: a car it was running now missing. Persons report is fine and dandy, but there was a little more sense of urgency, obviously with the family, and so he's taken down to fourth precinct an what happens to him unbeknownst to anyone else is she is brought into an interrogation room by these three detectives and he is beaten repeatedly with phone books trying to get a say. Find confession for the murder of Irving. Over now you talk about Elaine and the couple the surrounds and

they're asking for answers, but they do here by their persistence, Elaine's persistence, especially that they now believe that he's in the build What does a lane do? This is a very dramatic scene. What do you do when they learned that he may be in that building being held yeah the ventrally? When I see them talk about the man in the couple, they eventually get their way over to the fourth, precinct still not having any idea where SAM is and where her husband is because their goal in there under the premise to fill out a missing persons report. What's really fascinating, is that Phil surrounding off from the the couple that joined him joined

Are you laying down? There actually run your guy? You know because of his work in Indio J. You know the kind of cross paths of law enforcement obviously finds out that the person he runs into in the lobby of the fourth precinct slips up a slip of the tongue, basically insinuating that Mr Summer was in the building and he felt bad. He should've said that that can be lane into a whirl wind, a demanding with the desk clerk to talk to her husband, the desk clerk. You know I wasn't there Dan, I don't know if he was buying time or if you didn't know what was up for a few was, just you know, told ahead of time. Don't say anything: we don't really know that we just know that Elaine was on a mission this year, husband and she goes to the lower level of that building and is stopped by other members to this authorized. Now only beyond that point, and she is told

to go back up back to the desk, where she eventually finds out she's there, but she can't talk to him at that time. They sent her home with the surroundings. And long story short again just based on our time here today to there's a lot of years to cover yet the very next day there's an arraignment scheduled that quickly for the the charge of murder with SAM. But meanwhile, through the night, he's taken away over the eastern end of long island and he's kind of passed up a little bit because he was, he was beaten off for his there's a there's, a mug shot in the book. That shows that his left eye was closed. Yeah incidently the mugshot piece of evidence comes up later in the early 80s that there was a second mug shot that was covered up a concealed. I don't mean to going on but trail with your listeners right now, but I had just

going to throw that in there. So with the arraignment, the Circus ACT of court proceedings ensues, and we've done a lot of research on this. That's why it took about almost four years to write this book. Now you talk about, we just talked about a little bit about this beating, but you go into big description because obviously SAM tells you all about after we, yes and yeah. What is what are the? What are the beatings entail, but also yeah? What are they asking him? What are they telling them? What are they saying to him? They're basically saying you are going to sign this concession in so many words Saad, like behavior he's going back and forth, and I needed this- they keep eating a. They beat him so bad to the point where he was stripped naked. He was stripped naked and there was actually a pretty decent beating on his stomach too, because later on, the court documents

prove that he had discoloration a yellow color on his stomach. So yeah I mean it turned ugly. It turned ugly in a hurry and, of course the are the officers and I think, probably one of the biggest mistakes they made from the get go on this thing. Dan is that VP totally denied more to the one hundred degree of doing any kind of physical beating to him at all. When they hindsight is twenty twenty, probably would've, been better off saying you had a rough them up a little bit. No, he was at one time curled up in a ball on the floor, make it now, obviously the rain he has to get representation who steps forward? Who is the who does he pick and how do they proceed with getting information from first

coverage, but just trying to find out what really happened: right, yeah children by the name yep gentleman by the name of Eugene Lamb, L, a m b, just like the animal had a private practice over near Kew gardens. He comes into play. A based on a referral from Someone SAM New in the a private detective industry, so the the referral seem pretty legitimate, Eugene Lamb comes into play, but but here's here's where the whole thing just unravel, and I can't wait to pull the curtain for your listeners later to find out to to share with them what we really found out all these years later, but the arraignment on May 23rd number one. There was no indictment paperwork for

SAM's arrest now at time. No one really knew that was going on the time. The judge for that arraignment in Comc on May 23rd did reference the appearance Mister Summer and before that arraignment could officially be completed. The judge wanted to order what's called a Huntley hearing and it's unique to the state of New York only and it's a special hearing that is supposed to focus on the voluntariness of a confession and the method in which

one is arrested. A k a mostly Maranda right, sorry because of Mister summers, appearance arraignment was actually pushed back a day, and I, if, based on what Mister Summers told me and based on his recollection, that there wasn't even an indictment presented on that day, the judge. Put all this into consideration ordered a Huntley hearing of Huntley hearing did take place right away. It took place in nineteen sixty nine. This was may of sixty eight. But the arraignment got postponed until the twenty for. And up here read during that arrangement the, how are the prosecution at and a very peculiar time in this proceeding runs in the back of the court room with an arrangement. Here's some research I did recently through Stony Brook

university and through the suffix on which was an old alone in a newspaper that folded up in the seventies they actually had an article published in, and in that article it said the indictment was RAM, R. A M m e d rammed through in quotes. I can't believe I found that about a month ago, because it ties into a lot of other things That indictment had no signature on it. Eugene Lamb, the defense, brought that to the judge's attention. The d A's played the oversight card. Sorry we had to get this quickly, we'll get it signed, Judge let it go all as an oversight, but we'll we'll find out years later that wasn't an oversight it was. It was an official indictment. There never was. This is stunning. I don't know if there's anything like this in this country, Dan

I've had some some law folks, who I know here locally to a little bit of research when it comes to a murder charge. But MR summer may be the only person in judicial history in this country to serve prison time for murder without a grand jury indictment for his arrest. It absolutely mind boggling mind boggling. Let's talk, let's talk about what it is we'll talk about. This confession: no to down did the total lack of surprise from SAM about even this confession? This is odd. I mean, usually you know you were involved in something like this. He was asked to sign. Tell him tell her audience about the surprise. Yeah. Well, he was asked to sign. First of all, it got so desperate that night he was beaten in the interrogation room that there was no official paperwork. If you will for a confess it was done on attack,

a regular notebook. It was handwritten by a detective Thomas Gill who, to this day, is is still around. Is SAM didn't even know what the heck he was. He was beaten so badly. It got to a point where we know what the heck they wanted him to sign. That's all! That's all cloudy! This became and uhm he to his recollection. He never signed anything, but his name was written on a notebook pad of paper that he did confess to the murder that is tide directly into theory. Of course, band theory. The alleged indictment that the county was able to then get to charge him for murder. What was their idea in terms of motive? They did, of course, some conducted some

rustication. What did they think? The motive was? What was their theory? Well, you want to back up the theory a little bit. I mean there's a number of things here. Well, let's start with go over man he's the easiest piece to start with some school Berman was an informant for Suffolk County and again that was corroborated by testimony in a law book sense Groberman wasn't in formant. We know that connections government had with the mafioso one. Link to also invest in Somers businesses, which SAM not want anything to do He was very willing to help plan for the karting industry, but again that one a minute with the money. We know all that the mold of there could have very easily have been a cover up for Herald older men taken a life of Irving Silver now go over. Men had a stipulation against him. I mean he was a convicted

Fallon one more strike and he was out shoulder to work hand in hand in cold ports with trying to bring summer down, because he was the easiest got up in for this whole thing. So that's what we think the connection between the mafia, Harel government and Suffolk County in terms of money and power. All Started right there, as as the board of now, they claim the motive for SAM had something to do, because they were himself or business partner. That's what they tried to pin on him as the more of on that end of the spectrum right. Now, with this Huntley hearing. What is the result of this hotly hearing other than that for two days admission by Deluca that the did notice some abuse when he looked at Samuel

So what happens is all that Huntley hearing and then what happens afterwards? Yeah. You know the system is amazing. Before I get to the to the to the obvious, what made my mind up be so obvious. I guess conclude: Elaine Summer stole the show in that dumb. In that hearing, then I got I got a level with you. I've been around a few blocks over the years it when it comes to written material and articles and books. I never read anything in my entire life. I mean I'm reading a law book that was published in nineteen. Seventy one. And in that law book it publishes the entire transcript of the Huntley hearing of SAM Summer more book phone at St John's law library was published by paternal and goldstine way back when I'm reading through the transcript of his holly hearing, and they published it because it was really an example of of the dirty deeds behind trying to frame someone for out,

voluntary confession and I'm reading. Elaine summers testimony the stand and I am in tears, and I mean this

but how many decades ago, but it put me inside that courtroom and I'm like wow. This is amazing. So these detectives from Suffolk County during the Huntley hearing really put put their own shoe in their mouth because they claimed they claimed they were on their way. The evening of May 22nd, one thousand nine hundred and sixty eight. They are on their way to visit SAM at his house to talk to him about the murder of Irving Silver Natural Rustam. But to talk to him, they happened to see him pull into rap those words with quotes into Dunkin' donuts instead of having to drive to his house. So right then, and there they are committing perjury, because it was a stab Liszt later in the hotly hearing, by the same detectives that they did greet him in the middle of a lot at his car

and they did gently, I think reference. Maybe once pushed him along to the car to take him downtown. They changed their story beyond right then, and there right and during the help me here- and I think that was one of the key reasons why and all get to the result. Summer winds the Huntley hearing which basically says that without a confession, there would have been no way to find him guilty of the murder of working silver, and I have that in writing. I had a signed document from former Suffolk County assistant district attorney. George Asplund signs, the document that says.

Without an oral confession for mister summer. Prosecuting him for the crime of murder would be so weak. We would have never been able to do it. So I'm not a legal expert, I'm not going to pretend that I am one, but common sense tells me in the more I talk to people about this. They just shake their head. Common sense tells me that if he wins the Huntley hearing and.

He doesn't ever confess as they they meaning the county later attest to in nineteen. Seventy nine. By sending him a settlement check, therefore, he should have never been arrested in the first place. So Dan was Irie about this. Is it all goes back to the arrest which wasn't in arrest? It was a kidnapping. This is what makes this case so bizarre that let me just jump over the fence for a second year in nineteen, seventy nine, while SAM's in prison, he gets a check. I haven't, I have a copy of it. It's in the book. He gets a check from Suffolk County for five grand and in the notation of a check. It says I don't have it in front of me, I'm gonna paraphrase. It says four issues related to an May 22nd one thousand nine hundred and sixty eight the night he was.

Connect, so you take the check, you take the Huntley hearing, victory and you put that all in a pot and you mix it up he's innocent now will get one more bombshell in a little bit, but let me go back to Huntley hearing for you 'cause. I think I know we're going to go next. Obviously, so what is the Huntley hearing months later? The second? I think they called it the second department at the time the county appeals it now here's what SIRI. Why would the county appeal that Sham went to Huntley hearing, which means he doesn't have to go to murder trial. Did they We have it out for him that much damn. Here's where I think this case takes are really creepy. Creepy turned down a one way, ST of evil and hate you most people that I spoke to in the legal profession said

They were let it go. You don't want that hearing, let's just let it go. No. And I believe it with a five member judge panel with two of the five judges having ties in their career to Suffolk County they overturn a hearing on of. By the way, unheard of at the time I met with a lawyer recently on long island about this unheard of they overturn it in. You know why they say that when he was in SAM Summer was in jail, the night of May 22nd, when the meeting took place, that they left the room for five minutes and he self inflicted his own moons, now think about which out about that two doll

now do you have admission from the court system the injuries channel of drugs that that they're, actually one some yeah? You know alterations made to his physical appearance, see this whole thing is just an so they overturn this thing. You have to put a murder trial hears. What else is interesting, Eugene Lamb, his attorney- and I did not know this until aft The book was published. This is brand new information. You, it Lamb, wanted to step off the case. He did not want to represent Mr Summer anymore, Suffolk County made Lamb stay on the case for the murder trial and according to SAM and his family- and I understand it's only one voice, but according SAM and his family lamps performance, the murder trial was completely irrelevant. He was completely

checked out? He did not raise and ask questions. He was not tenacious toward the prosecution at all so number end up going to prison for twenty one years, and all these strange things happen while he's in prison. He gets that check for a settlement. He gets a visit in nineteen. Eighty two by a guy named P, Thomas Boil: what's it what's the significance of oil he still alive today in Long island he hung up on me. I want to talk to him last year very politely and give him a voice for the book. I wanted to give detective guila voice for the book very politely Gil through a family member said it doesn't want to talk, Boil, hangs up on me. Boyle says Chris and I didn't use my name. He said he said I will have nothing to comment on this story. Click boil is a practice of private practicing attorney who, in nineteen eighty two

takes a full day's drive from Long island up to Clinton, Ny Clinton prison. They call little siberian Upstate New York take the whole day and drives up. There tells mister summer. He has information on who killed Irving silver. Can I represent you well, of course, please or he's never heard from again any ends up becoming Suffolk county attorney. So when you, when you put these things together, where their bad judges and bad cops dan- yes- but I really am convinced this is- he's about evil. It's a case about hate. I think this was a hate crime before it was even coined by the media in the nineteen eighties again, it's a jewish American in New York who had built an empire and because he turned down certain people to invest in endeavors together they had a note form I wanted to ask about and I will get

this in a second, but you mentioned that that this is a a evil. It's a hate crime. I'm reading through this, I thought isn't a possibility to consider is that the police are all mobbed up. An old out to people in the mafia or the mafia. It yeah favors from the police. Neighbors from the judiciary. Absolutely- and you know if I may dove on that SAM Summer, from all of our research. We may be a little off on this, but from all of our research he was really the first Guinea pig of what have turned out to be damn decades and decades of corruption on long island. Now, with p a who came into play, I think in twenty eighteen, I'm going to tip my hat to Suffolk County they've done a lot of things, Clean up ever since DA supporter was arrested, indicted back in the fall of twenty seventeen

Genie came in. He start. You started this integrity bureau to go back, can review all these cases where they think the MAS it was involved in a lot of injustice was done. I'm glad they're doing that. I think that's a classy move and I think it's long overdue, but you know what mister Summer and his family have really been railroaded for so many years. You know that his kids were not even able to go to school

so when he went to prison in seventy one Elaine. You want to talk about here, oh wow, damn she packs up the station wagon with the kids yeah. You know where I'm going with this, and this is a whole separate story, but those little kids and that wife of his they want to be with dad and husband. So they follow him from prison to prison in New York State their house was mysteriously repossessed. His business was taken over there's your mafia connection, allegedly, but there's your mafia connection. Why is she moved from prison to prison? Basically, in his first go around every eighteen months, every

Years, good behavior, you know you got to get to know this kind of a person and I'm not sick. You know, and the day I don't know if he did this or not only the Lord knows up above, but I can tell you there is a mountain of technicalities and reasonable doubt. It will get to a bombshell in just a minute for your listeners, the move to whatever community he's in there were a of money. Elaine silvers Bolton checks. She had the FBI after her she's got little kids sleeping in the backseat of cars just so they could be with her dad and they never brought their angst with them inside prison and he never brought his angst with them when they visited they kept it from one another out of love. You know what I mean just incredible now: Judge Robert Leavy Real quickly for your listeners, Judge Robert Leavy, who today serves as a federal magistrate.

Eastern District of New York. I think he semi retired, Judge Lee back in two thousand and seven when SAM was released from prison in ninety one got to Reno. You know I got to know his family again and a block from some time to pass levy was on an investigation through the civil liberties Union to try to find a copy of an autopsy report Dan that to this day, yeah eighteen thousand days later SAM Summer, has never seen a cow copy of the autopsy report that they use during trial, or they referenced should say referenced during trial. Judge George Mcenerney in sixty eight portal order, in that the prosecution needs to cough up a copy of the autopsy report. They never have now, I'm not a legal expert, but I've been told that

of court. It's yeah, it's to the crucial to the evidence, also tell us at the same time, because you know the audience doesn't know, you haven't told us exactly what the original me said about cause of death time of death again. We don't even know how the outline of how possibly SAM would not have had an alibi for when they believe that silver was killed but again autopsy report, which shed a lot of light on on that, and the issue we should discuss to his weather was a pipe as the technique contended or a hit and run which are completely different. Absolutely in that directly relates to why they could never get an indictment in the first place, because originally they were talking about

I want to see so much a hit and run, but it got I guess at once. He ran over and that was that the cause of death reported a medical examiner's report. But then later an autopsy report talks about the cause of death as a lead pipe. But that's going to have a direct relationship to this indictment issue that, to this day, has not been answered for soul. You have these plus. You also have people work in the MID two thousand that comes up. That has a hand written note from the from the DA's office that he was tried for murder. They wrote in the word may on water, yet he served twenty one years for murder. Let me tell your listeners real quickly why these this change of crimes saying happened so on May eighteenth, which was the day of Irving Silvers funeral. Basically, the

after he was found. Jewish tradition may eighteenth there was it indictment for Mister summers arrest now this is four days before he was kidnapped. The grand jury said: Knoll were not issue an indictment because there's no evidence based on hit and run that he even did this ironically on May 22nd in the morning the counter the da goes back to a grand jury with a different crime. I'm sorry still murder a different cause of crime. Of that pipe yeah. The indictment is to just again two times then his kidnapped. Then they rammed through another one on May twenty or actually ran through the first indictment on paper on May 23rd, and it wasn't side. So here's what happens. Here's what happened in twenty fifteen.

The Freedom of Information ACT at the age of seventy nine, with a cane in his hand with his son in law. Mister, some is granted permission to go to Yaphank. I would on Long island and search the archives of all the documents associated with his case over all these years was a major breakthrough. He was never able to see anything from Suffolk County. They just ignore him. Ignore them ignored an order for years he finds in a carton a paper weigh a piece of paper that says supplemental report, supplemental report filled out by detective gil notice, the date of the report April 22nd, one thousand nine hundred and seventy one a month after

Mr Summer sent to prison. One of the kidnapping detectives completes our report on the report. What's the first date, may twenty third indictment for a rash, DS, messed? This paperwork was covered up for forty four years: here's where it gets real yuri just two weeks ago, and this is not even in the book. This brings us to where his cases today, by the way, just two weeks ago, SAM put something together.

He found paperwork from two thousand seven filled out by a Suffolk county on the people work with the time line of his case. You know the first date was may eighteenth. No one document may twenty second arrested. How come may eighteenth and may twenty? Second we're not on guilt. Supplemental report that was filed into the darkness into the abyss, our big thing that we're seeing now is, if you're gonna sense, one to prison for twenty one years, your paperwork on a match Dan. To this day, it has not matched. And so now we are going full speed ahead for his innocence to the Integrity Bureau at Suffolk County he just submitted SAM did his application. That's about three and one slash two in thick. It was just received today by Suffolk County

and it's going to be some major media attention on his case how one of his rival now the art is incredible. You also talk about that. He use this time to great benefit when he was in prison, writing law and then even getting a long distance degree in law. From what I knew, I was what he did absolutely he he was able to actually get as high school central in prison. Any completed law classes to Boston University in the mentor to other inmates. In that it all back in the seventies I get it. Prison culture was pretty rough in New York as a probably what's around the country. There's a lot of segregation soul for him to be a mentor to other inmates, probably didn't sit well with the guards and they just they they kept moving on. They don't want to deal with them, but yeah yeah. He just he. He kept focused all these years, knowing that someday. Maybe he would get the chance to just let this burden off. Anyone could do it for

family? You know he's got thirty a combined thirty great grandchildren, grandchildren and children and yeah. I do he just he's eighty three. He just had three surgeries in the last two years. He survived a nine one. One call last Christmas time blast Christmas season. I think, he's being. Kept around for a reason. He just wants his family to know that that he's innocent and this and this book has had a purpose. I had a much bigger purpose than just to tell the story. What was that purpose for for Samuel and his family yeah. It was more than just to tell the story. It was also to just raise awareness about justice it was to raise awareness about persevering together in love as a family. It was about to raise awareness. This would not happen to other people and

in a strange kind of way down. I think that's come around full circle now, because of what we're seeing going on with detective up sorry, district attorney Cini in Suffolk, county And I think a lot of the issues that are in this book, even though we're talking about fifty years ago, these issues are now becoming. More of people are looking at them through a different lens and so once upon a time when we first saw Rodney King being beat by those officers I think people believe that there's a well. You know when you'd hear reports of people being beaten as well, and they must have done something. You know the, and you really didn't believe till you get these clear, very, very clear indications that that's exactly what happened and that's well

said, benefit excellent point because to to Mr Summer he did believe this could even happen. He he love to law enforcement. He puts so much faith and- and you know he he really supported law enforcement. He thought it was. Just one big misunderstanding for a long time. He thought it was one big misunderstanding and that you know they would clear up They would apologize and you would accept he would forgive them, but as time progressed, that didn't seem to be the case and then we phone other things happening with Suffolk County over the years of of similar. You know means of our demonstrations of corruption and injustice. Sadly, and so that's all come full circle to put up an excellent

again. It really is. This is an amazing book, because this book railroaded and what is samuel- think about the book now that it's been published well for him itself, it's it's a very important moral victory for him. You know I look back at the process of of putting this together with him and and for him and for his family for his family. I mean this just opened up a lot of emotions, good emotions and open up a lot of truth. You know there were there was that this this book helped.

SAM learn about the whole family surviving in the backseat the car. He didn't know that, after all these years until just a couple years ago, because it came up in a conversation when I was out in New York visiting with his family, a lot of the stuff came out. What it was good because they were able to cry together and they were able to put closure on this together. So again, he did this not only to help rid injustice from his soul and from his shoulders, but just watch other people to be aware that, sadly, this kind of thing can happen, And just to you know kind of live your life with the eyes, the back your head, you have to sometimes just the way it is.

Elaine is such a a heroic figure in this, so strong for her husband, so defiant with the judiciary. You know she wasn't quiet about her. Disagreement, very disagreed with everything that we went on in the treatment of her husband when she saw her husband in the condition that he could barely talk and it was beaten up. She was not. She was very vocal. I want to one other thing that was very interesting to and at least lend some credence to the idea that SAM's idea, because that's what's featured in this book, SAM's thought SAM's ideas, SAM's investigation, SAM, bringing up points to help his own fight for us that his attorney Lamb presented a plea bargain to him at one point: didn't it to demonstrates a lot of things about innocence and SAM's integrity,

tell us about this: yeah there was there was a chance yep excellent Dan, the chance during the proceedings for the murder trial, where a plea bargain was presented to him for less time considerably less time I I think, that's where the manslaughter element came in and SAM just you know. I think at that point he was more upset but that was the reason I presented to him. He was upset not only with the county but Lamb that land would even bring it to him, because he, passionately knew he was innocent and that that we will be out of the question now in Hindsight doing Watt five years versus twenty one yeah. You know if you would accept that, but it

He would. It just proves that his innocence was genuine, absolutely yeah. Yes, sir to it, you know these two wrong, incredible, Corolla characters, the only thing you could ever say about SAM, I mean because we didn't even get into this this this guy, just an incredible family man. If this is the kind of guy that you, the police, think they could just take and beat and then run a business run a life ruiner for only man yeah. This is a a guy that they totally didn't understand, and I don't think that's what it was. I don't think was a MIS understanding at all, but this person you all the kind of person that they went and ruin this guys life it is now you know it's amazing, the only is it a compass you may was this association with mobsters right, that's right, miss being too good of a guy, giving somebody a second chance yeah in the fast busy, never changing world of commerce that was going on

in New York City, try to identify and define itself. As you know, a either in garments and Ford and all this stuff it was. It was somewhat unavoidable for him, but yeah you know he was worried about. Is his relative to and his relatives son getting caught up on all that stuff, but yeah. I mean in hindsight when you look back at that as well. Probably just even conversing with those folks lead to let his plight in in some regard, you bet what's incredible, he he he makes the position for Irving Silver is Wysong Coal and yeah it really. He created a position that would help this guy deal with his dying wife and then his in the the the financial crunch that this guy was in yeah I mean you can't get him. It didn't seem everything he did was altruistic right. This is John Rice, absolutely on him.

Yeah yeah. I want to thank you very much Christopher for coming on and talking about railroaded framed for murder. Fighting for justice do. You have a facebook page or website that people might refer to yeah a couple different places in and first of all thank you Dan I love your show. Your show is very important in the world of justice and it just gets a lot of wonderful perspective out there that one uh, why be suppressive? Thank you and God bless the work. You do a couple places your your listeners can goal. Christopher joxer dot com is a website. So that's just my come. The author named Christopher Job search dot com. You can find some. And for and all so, while blue Press. I know you've had Stephen Jackson on before in the past, he's an amazing author. What a story teller! He is so, while blue press dot com forward, Slash railroaded Israel find some more information there as well yeah. I this Steve Jackson and while the press

in that incredible stable of really great emerging authors- and you know veteran authors, but really really a great place for true crime book writing. Absolutely you bet. I want to thank very much Christopher Joss or is been an absolute pleasure. Thank you very much for this interview. You have a great night thanks. Well, Dan, you too, bye bye can.

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