Juan Roberto Melendez-Colon

Case record: Juan Roberto Melendez-Colon

Background

Juan Roberto Melendez-Colon was born May 24, 1951. He lived in Brooklyn, New York before fleeing to Puerto Rico when he was 8 years old to escape an abusive stepfather. At the age of 17, he returned to the United States and raised a family with his common-law wife.

In 1974, Melendez was arrested in Florida for an armed robbery and spent over 6 years in prison. He later worked as a migrant farmer. FBI agents arrested him in Pennsylvania when he was 33.

The offence

Delbert Baker (“Mr. Del”) was murdered on September 13, 1983, after closing his school of cosmetology. His body was found at about 8:30 p.m. after his male roommate notified police because Baker was late coming home.

Some of Baker’s jewelry was missing, although the day receipts were still in his briefcase.

Baker was homosexual and had been known to have encounters at the school after closing.

The Medical Examiner estimated that the time of death was approximately 7:30 p.m.

Terry Barber stopped by the school at a little before 6:00 p.m. The door was unlocked and he walked in. Baker came out of the backroom a little surprised, and Barber saw that Baker had company in the backroom. Barber told police that he believed that Vernon James and a friend known as “Bobo” were the two males he saw in the backroom. Police abandoned that lead when Bobo denied that he and James were there.

Investigation

In February after late 1983 events, Juan Melendez was arrested and charged with first degree murder and robbery on the basis of David Luna Falcon’s claim that Melendez confessed the murder while doing cocaine together.

In late 1983, Melendez befriended Falcon’s father and stepmother. In December 1983, Falcon’s father went to Puerto Rico and brought Falcon back because Falcon was in trouble there. Melendez and Falcon did not get along, and Melendez had a falling out with Falcon’s parents. Various people reported that Falcon announced his intention to get Melendez.

In February, Falcon went to the police claiming that Melendez told him that John Berrien drove him to Baker’s and that Falcon, Juan, and a third person went inside and killed Baker.

A taped statement made by Vernon James indicated that he and his accomplice had killed Baker at his salon.

A statement made by inmate Roger Mims claimed that Vernon James admitted having a sexual relationship with Baker and that James killed him along with 2 other men.

Prior to trial, defense counsel Roger Alcott interviewed Melendez and obtained a tape statement from James indicating that the two men he went to “Mr. Del’s” with had killed Del Baker. James also told another inmate, Roger Mims, that he and Baker had been having a sexual relationship, and that on the day of the killing, he and two other men had killed Baker.

An FDLE agent interviewed James with this information, and James admitted his presence at the homicide.

A State Attorney investigator conducted another interview of James in which he admitted involvement in the murder. However, this interview was not disclosed to the defense. Vernon James invoked the Fifth Amendment and refused to testify.

Police apparently dropped the Barber lead when Bobo denied that he and James were at Baker’s place of business on the night in question.

Arrest

Melendez was arrested in 1974 in Florida for an armed robbery and spent over 6 years in prison.

FBI agents arrested him in Pennsylvania at age 33.

In March 1984, Melendez was arrested and charged with first degree murder and robbery based on David Luna Falcon’s claim that Melendez had confessed while doing cocaine together.

Trial

State’s theory

The State’s theory was that Melendez, John Berrien, and George Berrien drove in John Berrien’s car to the victim’s beauty salon in the late afternoon of September 13, 1983. John Berrien testified that he dropped off Melendez and George Berrien in the vicinity of the beauty salon and returned for them two hours later.

John Berrien testified that the next day he drove George Berrien and Melendez to the train station, where George Berrien boarded a train for Wilmington, Delaware. At the train station, Melendez purportedly handed George Berrien jewelry and a gun which George Berrien was supposed to sell in Delaware.

The theory rested solely on testimony from John Berrien and David Luna Falcon.

No physical evidence connected Melendez to Baker’s death or supported the theory regarding his participation.

Charging outcomes for co-defendants and witnesses at trial

The charges against John Berrien were reduced to accessory after the fact. John Berrien pled no contest and agreed to testify against Melendez in exchange for the possibility of probation as a sentence depending upon his testimony.

George Berrien, the other person John Berrien said accompanied Melendez into “Mr. Del’s,” was never charged. The State argued at trial that he was “equally guilty” and “equally involved . . . in committing the murder,” and he testified at trial as a defense witness.

Defence position and evidence

In his defence, Melendez testified that he was with a woman named Dorothy Rivera on the evening of September 13, 1983. The alibi was bolstered by the testimony of four witnesses. Melendez testified in his own defence.

Terry Barber had dropped by Baker’s workplace and reported that he saw two males, Vernon James and “Bobo.” Barber did not report seeing Melendez.

Witnesses testified during Melendez’s trial that Falcon had a grudge against Melendez and had threatened to kill him prior to reporting to police that Melendez confessed involvement in Baker’s murder.

Exclusions and disputed testimony

The judge refused to allow the defense to call the law enforcement officer to whom James had admitted being there because the testimony was hearsay. Defense counsel failed to offer his interview as corroboration.

The jury heard jail inmate Roger Mims say that Vernon James had confessed; it did not hear that Vernon James had told an FDLE agent, Melendez’s defense attorney, and a State Attorney investigator that he was at “Mr. Del’s” when two companions killed Baker.

The State belittled Roger Mims testimony as a desperate last minute fabrication.

Other material the jury did not know

The jury did not know that David Luna Falcon received $5000 for his testimony against Melendez.

The jury did not hear that Falcon had been serving a forty-five year sentence in Puerto Rico for a homicide conviction. The jury also did not hear that Falcon escaped from prison, was apprehended, and then agreed to testify against individuals in a New Jersey murder trial. After he testified, Falcon’s sentence was reduced and he was released from prison.

As to John Berrien’s testimony, the jury did not hear that John Berrien told police several stories that were inconsistent with the testimony provided at trial.

In the end, Melendez was found guilty and sentenced to death.

John Berrien received two years probation.

Verbatim quotation

They never give me an interpreter. At that time, if I say five words in English, three of them would have been cuss words – Juan Melendez, ,‘’Oakland Tribune’’, Apr 11, 2005

Sentencing

Melendez was sentenced to death on September 21, 1984.

Appeals

Melendez’s conviction and death sentence were upheld on appeal three times by the Florida Supreme Court.

Aftermath

Sixteen years after conviction, Melendez was nearing the end of his appeals when his current attorneys conducted a search through the files of Melendez’s original defense lawyer and discovered the taped confession made by Vernon James.

The attorneys also located other witnesses who recalled that Vernon James confessed to the murder before he died.

In light of the new evidence, Justice Barbara Fleischer determined that Melendez was entitled to a new trial. The state of Florida declined to prosecute a second time since David Falcon was now dead and another witness for the prosecution had since recanted his testimony.

Melendez spent a total of 17 years, eight months and one day of incarceration before being released from the Union Correctional Institution on January 3, 2002.

Upon release, Melendez received $100 compensation from the state. He did not receive any further compensation, nor an official apology from the state of Florida.

Melendez lived in New Mexico and toured the world to tell his personal story and to discuss issues surrounding the death penalty.

Timeline

• September 13, 1983 — Delbert Baker was murdered after closing his school of cosmetology.
• September 21, 1984 — Melendez was sentenced to death.
• 1974 — Melendez was arrested in Florida for an armed robbery and later spent over 6 years in prison.
• March 1984 — Melendez was arrested and charged with first degree murder and robbery.
• 1986 — Vernon James was murdered.
• late 1980s — David Falcon died.
• May 2001 — An evidentiary hearing was held.
• December 6, 2001 — A presiding judge ruled that Melendez was entitled to a new trial.
• January 3, 2002 — Melendez was released from the Union Correctional Institution.

Other details

Melendez claimed he had never met Delbert Baker.

In his trial testimony, Melendez’s alibi involved Dorothy Rivera.

In 1994, Melendez presented four witnesses during postconviction appeals who testified that Vernon James had confessed to participating in Delbert Baker’s murder. One witness was John Berrien’s attorney in whom Vernon James confided prior to Melendez’s trial. At that hearing, John Berrien recanted much of his inculpatory testimony against Melendez, but relief was denied.

In 2000 while working on a federal habeas petition, collateral counsel contacted Melendez’s trial counsel who had just been appointed to a judgeship. During the move of boxes, collateral counsel discovered the transcript of the pretrial interview of Vernon James that had failed to previously be provided.