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The Case of Mark Denny

📻 Episode #233
🎙️ Hosted by Jason Flom
📅 Nov 24, 2021

◆ EPISODE PROFILE

About This Episode

On December 20, 1987, at about 2 am, two masked men forced their way into a Burger King in Brooklyn, New York, as employees were closing. A third man entered the restaurant at some point, and they blindfolded and raped an 18-year-old female employee and forced a male employee to participate. The three assailants fled…

The Case

On December 20, 1987, at about 2 am, two masked men forced their way into a Burger King in Brooklyn, New York, as employees were closing. A third man entered the restaurant at some point, and they blindfolded and raped an 18-year-old female employee and forced a male employee to participate. The three assailants fled with $3,000 in cash. Both employees reported the crime as involving three assailants. But, two weeks later, when the police pulled over Mark Denny with two of the assailants, and the third assailant was identified, detectives convinced the female employee that there were actually four assailants. Despite a lack of physical evidence and the male employee's insistence that there were only 3 attackers, Mark was convicted and sentenced to up to 57 years. The 3 assailants eventually excluded Mark from the crime in sworn statements. But, it took an investigation by Brooklyn's CRU, to expose the corrupt identification process, setting Mark free after almost 30 years.

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In Their Own Words — transcript excerpts

Short excerpts from the episode's official published transcript, with timestamps — listen from these moments, or read the full transcript via the podcast's own platforms.

00:04:39
“Speaker 1: men forced him to sexually assault her as well. I'm Speaker 1: sorry you have to hear this, but these are the Speaker 1: facts of the case. The three men fled with around Speaker 1: three thousand dollars in cash receipts from the restaurant safe. Speaker 1: I mean, even during this high crime era, this incident”
00:16:18
“Speaker 1: did not identify you as one of those assailants. So, Speaker 1: for a fleeting moment, this kind of looked like it Speaker 1: might have gone your way, which would have been the Speaker 1: right way, of course. But then this statement from your Speaker 1: own cousin and co defendant, Raphael James, came to light”
00:27:35
“Speaker 3: the day that I was leaving to go to court Speaker 3: to come home, at that very moment, as the bus Speaker 3: was on the bridge, I remembered those same words, and Speaker 3: it was like it was just this suspended wait for me. Speaker 3: I just felt wholesome at that very moment that I”

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← #232 Dennis and Lee Horton #234 Tyrone Noling →

Also on the podcast: #145 Junk Science - Bite Mark Evidence · #163 Junk Science - Tool Mark Analysis · #318 Mark Schand