A Michigan Man's Fight for Justice After Being Wrongfully Convicted, Then Released on Condition He Wouldn't Sue.
Gregory Berry was sentenced to life in prison for a murder he didn’t commit. Now, he’s fighting to have his conviction overturned after the Wayne County prosecutor's office released him from prison last year – but only if he agreed not to sue them.
Berry said that when he got out of jail in December 2020, after serving more than 17 years behind bars, he was offered a deal by prosecutors: plead no contest to accessory after the fact and face up to five years in prison, or remain convicted of murder and serve life. Berry's attorney told him the only way to get released from prison was if he agreed not to sue the county for wrongful imprisonment.
"It seemed like a great deal at first," Berry said. "But then I realized that the prosecutors were pushing this deal on me when I was sick with COVID-19 and seven days before Christmas."
Berry's case is just one of many in Wayne County that have raised questions about the office's handling of convictions tainted by the work of Detective Barbara Simon, who has a history of coercive interrogations, false confessions, and tactics that courts have found unconstitutional. Despite multiple federal lawsuits, millions in settlements, and findings that Simon coerced statements in other cases, prosecutors say they can only act on evidence specific to each case.
"We are never going to get a fair investigation without outside oversight," Berry said. "I don't understand how the Prosecutor's Office is going to police itself."
Berry's release was facilitated by the Michigan Department of Corrections and the Wayne County Prosecutor's office, but some say it's only because they wanted him out of the way before Christmas.
"This is just a case of prosecutors doing whatever it takes to get their man – or woman – out of jail," said Lamarr Monson, an exoneree who spent nearly 30 years in prison after Simon obtained a false confession from him. "Men whose convictions were tied to Simon remain incarcerated, unable to secure justice due to lost files, missing evidence, and institutional resistance."
Monson recently filed a civil rights complaint with the U.S. Department of Justice warning that outside agencies need to be looking at Barbara Simon.
"We are never going to get a fair investigation without outside oversight," Monson said. "This is not just about one person; it's about many people who have been wrongfully convicted because of her tactics."
Berry's case raises new questions about how prosecutors in Wayne County are handling wrongful convictions and the role that Detective Simon plays in them.
"I feel like I got hoodwinked in that plea," Berry said. "They waited until I was sick with COVID-19 and seven days before Christmas, and they offered me this deal – it's just not fair."
Berry plans to appeal his case and is pushing for full access to the CIU's investigative file so he can make informed decisions about his future.
"I don't understand how the Prosecutor’s Office is going to police itself," Berry said. "We are never going to get a fair investigation without outside oversight."
Gregory Berry was sentenced to life in prison for a murder he didn’t commit. Now, he’s fighting to have his conviction overturned after the Wayne County prosecutor's office released him from prison last year – but only if he agreed not to sue them.
Berry said that when he got out of jail in December 2020, after serving more than 17 years behind bars, he was offered a deal by prosecutors: plead no contest to accessory after the fact and face up to five years in prison, or remain convicted of murder and serve life. Berry's attorney told him the only way to get released from prison was if he agreed not to sue the county for wrongful imprisonment.
"It seemed like a great deal at first," Berry said. "But then I realized that the prosecutors were pushing this deal on me when I was sick with COVID-19 and seven days before Christmas."
Berry's case is just one of many in Wayne County that have raised questions about the office's handling of convictions tainted by the work of Detective Barbara Simon, who has a history of coercive interrogations, false confessions, and tactics that courts have found unconstitutional. Despite multiple federal lawsuits, millions in settlements, and findings that Simon coerced statements in other cases, prosecutors say they can only act on evidence specific to each case.
"We are never going to get a fair investigation without outside oversight," Berry said. "I don't understand how the Prosecutor's Office is going to police itself."
Berry's release was facilitated by the Michigan Department of Corrections and the Wayne County Prosecutor's office, but some say it's only because they wanted him out of the way before Christmas.
"This is just a case of prosecutors doing whatever it takes to get their man – or woman – out of jail," said Lamarr Monson, an exoneree who spent nearly 30 years in prison after Simon obtained a false confession from him. "Men whose convictions were tied to Simon remain incarcerated, unable to secure justice due to lost files, missing evidence, and institutional resistance."
Monson recently filed a civil rights complaint with the U.S. Department of Justice warning that outside agencies need to be looking at Barbara Simon.
"We are never going to get a fair investigation without outside oversight," Monson said. "This is not just about one person; it's about many people who have been wrongfully convicted because of her tactics."
Berry's case raises new questions about how prosecutors in Wayne County are handling wrongful convictions and the role that Detective Simon plays in them.
"I feel like I got hoodwinked in that plea," Berry said. "They waited until I was sick with COVID-19 and seven days before Christmas, and they offered me this deal – it's just not fair."
Berry plans to appeal his case and is pushing for full access to the CIU's investigative file so he can make informed decisions about his future.
"I don't understand how the Prosecutor’s Office is going to police itself," Berry said. "We are never going to get a fair investigation without outside oversight."
Gregory Berry's story is heartbreaking, 17 years of his life wasted in prison due to a wrongful conviction. and now he's being told to shut up about it? 
the prosecutors' office trying to silence him by offering him a deal that essentially lets them off the hook? that's not justice, that's just a slap on the wrist 
it's time for real accountability here. outside oversight is needed, big time 
we need to make sure Detective Simon and her tactics are held accountable for the lives she's ruined 
. The prosecutor's office trying to silence him by offering him a deal if he doesn't sue them? that's low!
. Monson's story is heartbreaking though, 30 yrs in prison for a false confession 
. I'm definitely following this case and rooting for Greg all the way 
. It's all about protecting the system at the cost of innocent people like Berry. The fact that they even thought it was a good idea to push this deal on someone who's literally dying is just mind-blowing 
. It's clear they're not gonna police themselves and that's why we need outside oversight ASAP 
. But I have to wonder, what's really going on in Wayne County Prosecutor's office? How can they claim they're doing justice when there are so many cases like this one that raise serious concerns about coercive interrogations and false confessions? The fact that Berry was offered a deal just before Christmas, while he was sick with COVID-19, smacks of desperation 
. And what's the story behind Detective Simon's tactics? It sounds like there's a lot of institutional resistance going on here... I'm all for outside oversight and an independent investigation into these cases 
.
, this is insane! A guy gets wrongly convicted and released from prison but only if he agrees not to sue the prosecutors... it's like they're trying to silence him or something 
. And now he's stuck with a "plea deal" that sounds like a total scam - 5 years in prison for what, exactly? Accessory after the fact? Please 
.
. The justice system is supposed to be about getting to the truth, not covering up cops' mistakes.
it's crazy that they think they can just police themselves, i mean who's gonna check their own work? we need real oversight here 
. Coercive interrogations, false confessions... these aren't just tactics, they're actual crimes 
. And yet, prosecutors keep saying they can only act on evidence specific to each case? Give me a break 
.
. Monson's civil rights complaint with the US DOJ is a good start, but we need more action 
. Can't just leave these cases to the county's conscience... someone needs to step in and make some changes 