the long fight
The roof of Eastern Correctional Facility pokes incongruously above the yellowing autumn leaves near the small town of Napanoch, about two hours north of New York City. It is pyramid-shaped, with a cylindrical turret at each corner and doesn’t really belong amid the colorful foliage and gentle mountains in which it nestles.
As you approach the building, it begins to make more sense. Beneath the big, green pyramid are high sandstone walls decorated with barbed wire. Inside, through the metal detector and past a couple of guards is the prisoner meeting room, a large space with some tables and chairs, a few vending machines and yellow lines on the floor that tell prisoners where they can and can’t step. Children run around while their parents talk, a couple holds hands at one table and a pastor studies the Bible with an inmate at another. Still another inmate stands alone in the room wearing prison garb, a doo-rag over the dreadlocks he is growing for charity, and a cheeky grin.
His name is Curtis Tucker III.
Arrested at his cousin’s wedding in Coney Island in November 1988 at age 23, Tucker was convicted of being an accomplice in the murder of a friend and has been in prison ever since.
He has also maintained his innocence the entire time.
But Tucker, now 47, isn’t the only character in this story. This is also the story of his mother, Janice Tucker, who lives in Bushwick Houses and visits her son as often as she can. It’s the story of Nawanna Snipe, his ex-girlfriend, who took a course in criminal justice and administration with the University of Phoenix in 2009 in hopes of helping him. And of retired city police Sgt. Derek Brown, now a private investigator with Brooklyn Defender Services, who also grew up in Bushwick Houses and offers his help free of charge to the family to help exonerate a kid he used to play ball with on the basketball courts off Moore Street. It’s the story of their fight, now entering its 24th year.
“I haven’t seen the likes of this in quite some time,” Gregory Rheubottom, a Harlem paralegal, said of the group’s dedication. He has known the family for two decades and he, too, is helping them with the case: “Because of their fight, because they fight, I fight with them.”
So do others in the Bushwick Houses community, where Tucker grew up. More than 400 people, mostly from the development, have signed a petition which is continuously being sent to politicians and lawmakers in an attempt to have them review the case. And the Rev. Reggie Bacchus, pastor of Mount Ollie Baptist Church – which Janice Tucker attends – is holding a forum on Nov. 11 to see how the church can help.
“Bushwick taught me family values,” said Tucker from the visiting room at Eastern Correctional. “It taught you that you can go to anybody’s house to eat. There is a togetherness in the projects.”
It is this togetherness that is keeping his fight alive.
* * *
When Curtis Tucker III was a kid, his uncle dubbed him “Lep” – short for “Leprechaun” – because he was little and his ears stuck out.
He grew up in Bushwick Houses during the 1970s and ’80s. He owned and went on to run a club on Fulton Street in Brooklyn called “Cat’s Paradise” as well as disc jockeying around town. He was also, by most accounts, quite popular with the ladies.
That’s not to say he didn’t make mistakes. As drugs flooded the streets of Brooklyn in the 1980s, he freely admits, he – like so many others in that neighborhood – found himself wading through the crack epidemic as a drug-dealer, looking to make fast money. This earned him a related weapons conviction, though he didn’t serve any time for it.
“I wasn’t a good guy. I did things wrong. At first I thought I was being punished for that, on God’s own terms,” he said.
“I sold that s—. I messed up whole neighborhoods. And maybe I did need to go away to become what I am.”
But the irony, he insists, is that when he finally did end up in prison, it was for the one crime he didn’t commit.
It was June 20, 1988, and he was heading to a friend’s house to hang out. Out the front of the house he saw Kevin Turner, whose sister he was “seeing” at the time.
They arrived at 684 Monroe St. in Brooklyn at around the same time as a group of acquaintances including two guys named David Smith and Lawrence Moses. The conversation jumped from the New York Knicks, to a cute girl from Manhattan, to Tucker’s club. They also spoke about jail after seeing a news report on the television, Tucker recalled.
Soon, a phone call came through from a guy named Ronnie “Poop” Blackett. He and Tucker had grown up together in Bushwick Houses, their parents took turns looking after them, and they played in the same playpen and on the same basketball courts. Poop, hearing that Lep was there, said he would come over right away.
But when he got there, the conversation changed, Smith would testify later. It turned to money.
When the phone rang again, Smith answered it. But the line was not good, he testified. He hung up, turned around – and he found himself staring down the barrel of a gun.
Turner shot him in the side of the face, then turned and shot Moses and Blackett dead.
“I just jumped up and ran to the back door to get away,” Tucker said recently, describing his own reaction that night. “There was a shot guy next to me, so I just ran to the kitchen, but the back door was locked.”
Smith, badly injured but still alive, played dead. He would later testify that he remembered Turner yelling and Tucker running for the back door.
“Maybe I should have been killed or shot,” Tucker would say later in court. “Then maybe I wouldn’t have been here today, facing a serious sentence for a crime I didn’t commit.”
After the incident, Tucker said, he went to his club and sat, shaken, with a bottle of Bacardi. He had just seen his childhood friend shot and murdered. He didn’t call police, because, he said, that was the code of the streets, but that doesn’t mean that he wasn’t affected.
“I remember him shaking, nervous, scared,” said Janice Tucker who saw him when he arrived home a little while later. “Not the type of boy that just shot someone. Then Kevin Turner came and he said, ‘I just shot Poop.’ He was bragging about it.”
Today, Turner is serving 100 years for the homicides that occurred that evening. Tucker was offered a deal to confess; ironically, had he taken it, he would have been out of prison now. But Tucker never shied away from defending his innocence. He pleaded not guilty, but was convicted by a jury.
The presiding state Supreme Court justice read out the sentence in small bursts:
Robbery and assault…10 to 20 years.
Accessory to murder…15 years to life.
And again, accessory to murder…15 years to life.
After the sentence was read, Curtis Tucker recalls being led away by officers and then simply lying on the floor in the holding cell, looking at the ceiling.
“I was numb. I couldn’t believe I was convicted for something I didn’t do. I was gone. I was there, but not there.”
As of this year, he has spent more of his life in prison than he has outside of it.
* * *
New York City Police Sgt. Derek Brown first heard that Tucker was wanted for a double homicide in 1988 when he saw a picture of his old friend on a bulletin board at the precinct where he was then assigned.
“I tore it down,” said Brown, now retired from the NYPD. “I just knew this was not something that Curtis would do. I went to talk to my superiors.”
Brown didn’t hear anything more about the case until 2009, when one of Tucker’s cousins told him about it at a family gathering.
By now, Brown was working as an investigator at a non-profit called Brooklyn Defender Services that serves the needs of the indigent community in Brooklyn. He offered to help for no charge, and is trying to track down the only witness Smith, to see if he will testify again.
“Curtis is still my man,” said Brown. “Not every case you see is 23 years old. There are flaws in the process…He wouldn’t get convicted if the trial was held today.”
His mother also worries that these flaws helped to convict her son.
“No jury ever heard the other side of the story,” she said.
Janice Tucker often makes the trip up to Eastern Correctional Facility to stay overnight in one of the on site trailers, where she can cook and spend time with her son. She says being there is more relaxing than being at Bushwick – like a “little holiday.”
“You will never see a more dedicated mother than Janice,” said Rheubottom, the Harlem paralegal, saying that such devotion is unusual when someone has been in prison so long. “I’ve seen mothers last only two years before they stop sending letters and packets.”
Even more striking is the dedication of Nawanna Snipe, Curtis Tucker’s former girlfriend, who will often head north to talk to Tucker about the case, something she is doing more regularly after finding what she says are a number of anomalies in the trial notes.
Among them:
In testimony, Smith changed details, saying at one point he felt someone take money from his pocket four minutes after Turner yelled instructions to do so, then later saying it was only one and a half minutes.
The prosecutor admitted in his summation that the only witness in the trial, Smith, said, “without equivocation, he didn’t know what part Curtis Tucker played in this incident.”
Snipe is most curious about the role of the judge, however, in relation to the main witness Smith, who was called as a material witness and arrested to testify in the court. The judge said at the time, “I don’t believe the witness was held in custody. Not by me.” But Snipe has a copy of a material witness order that is clearly signed by the judge.
But there’s more:
The floor plan of the room where the murders took place, as entered into evidence, was not the way Tucker described it – he said was sitting in a different place.
Early on in the trial, referring to his previous firearms conviction, the judge described Tucker as a “professional armed felon,” which doesn’t sit well with the family.
With their concerns and Tucker insisting on his innocence, they appealed the case in 1994, with no luck. In 2000, Tucker started saving money and working on his case himself with a view to another appeal. In 2006 Snipe started helping more and soon after started her law-school correspondence course.
The family has also tried to contact Turner, who will spend his life in prison, to see if he will provide testimony to exonerate Tucker. So far he has been unwilling to cooperate.
* * *
The only times Curtis Tucker has been back to Bushwick in the last 23 years have been at the funerals of his father and two aunts. He arrived in shackles and accompanied by two guards. He hadn’t been in a car for so long that he got motion sick on the drive down to the city. And that wasn’t the worst part.
“I can see the hurt in my loved ones, and not just for the one in the casket, but for the one in shackles,” said Tucker.
From prison, Tucker still sends Christmas and birthday cards back to residents of Bushwick. He paints and draws, and designs the logos for family reunions. He finds he really enjoys writing poetry (he normally writes about things like love, he says). He also reads a lot. (He just finished “The Mastery of Love” by Don Miguel Ruiz.)
He helped to raise funds for the victims of the Haitian Earthquake and families of 9/11. He plays for the prison football team. But mostly he tries to be involved in the lives of his family, especially his two children.
His son, Curtis Tucker IV, who was a toddler when his father was arrested, didn’t learn until he was 11 where his father really was. Before that he was told his father was “at college.”
Now 25, the young Tucker, who family members say looks like his father at the same age, is himself studying business management at La Guardia Community College. He is also trying to break in to the world of DJing, just like his father. After recently traveling to Dubai, he thought a good combination of the two would be to try to be a professional DJ and party planner in Dubai. (He likes the slogan “From Bed-Stuy to Dubai.”)
That is not to say there haven’t been tough moments.
Curtis IV recalls crying at church as a boy when there was a father-son event; the DJ played Will Smith’s “Just the Two of Us,” and he sat there alone looking at all the other boys with their fathers.
“It always hurt, but I just knew I couldn’t keep crying,” he said. “I had no one to turn to, but the past helps spur me on.”
That, plus his father’s continued involvement.
“We still speak as much as we can,” said Curtis IV, who recalls having the seminal chat about the birds and the bees on one prison visit. “He is always there for me. I know some fathers that give up, but he never gave up.”
For Curtis Tucker Sr., growing up Bushwick was an important part of learning the values that have seen him still supported by so much of that community.
“I’m feeling great,” he said from the table in the Eastern Correctional visiting room, the specks of gray in his goatee hinting at the passage of the years. “I preach this a lot. When we think positive, positive things happen. When we think negative, then negative things happen. You have to stay positive at all times.
“Just because we are in prison doesn’t mean we can’t be a part of their life. I’m proud of where I came from.
“But I have been in here for 23 years for something I didn’t do.”
Unless his family and friends are successful in their fight, he won’t leave Eastern Correctional Facility as a free man until at least Halloween 2023.



