Summary — Wrongful Conviction #545: Federico (Fredrico) Lobey / Lobé
Author/Host: Lava for Good Podcasts (Wrongful Conviction)
Overview
This episode examines the 1988 rape and sodomy conviction of Federico (Fredrico) Lobey (also spelled Lobé/L'Obe), who was sentenced to 85 years in prison. The interview (with Lobey and Centurion Ministries attorney Paul Castellaro) reviews his background, allegations of police targeting, investigative and trial failures, post‑conviction DNA testing, and ongoing efforts to secure relief. The episode highlights investigative and prosecutorial problems that form the basis for claims of a wrongful conviction.
Key points & main takeaways
- Background
- Lobey grew up in St. Louis, joined the Moorish Science Temple of America after a short jail stint in 1981; his faith and community ties appear to have shaped how police viewed him.
- Police harassment and motive
- Officers Ruben (Reuben) Hammond and James Long repeatedly targeted Lobey. They had arrested him previously on drug charges (he was acquitted) and allegedly threatened him, saying “you ain’t gonna walk the street this summer.”
- Evidence suggests officers may have been motivated to target Lobey because of hostility toward the Moorish Temple and its leader, Jerry Lewis‑Bey.
- The assault allegation (May 21, 1988)
- Victim: seven months pregnant; claimed she was assaulted in an alley early morning; described primary assailant as a light‑skinned Black man with freckles.
- Hammond and Long — patrol officers, not sexual‑assault specialists — created a photo array and presented it very quickly; Lobey’s photo was included despite mismatch with the “freckles” description.
- Identification and courtroom events
- The victim initially described assailants as unknown, later identified Lobey in court.
- Defense failed to use key impeachment evidence effectively at trial (e.g., the victim’s earlier description mentioning freckles and the significance of how the photo array was assembled).
- The court largely prevented defense from introducing evidence of officer bias/motive (e.g., the earlier marijuana acquittal and threats).
- Forensic evidence and confused narratives
- Rape kit: a vaginal swab with a few sperm heads (no tails) and seminal fluid on underwear. 1988 forensic methods could not produce a blood type or DNA from the small samples.
- At trial, prosecution argued the sperm indicated either pre‑ejaculate or an earlier unrelated sexual act (up to five days prior).
- A contemporaneous legible medical record (indicating the victim had not had sex for two weeks prior) was apparently in the record but not discovered/used by defense until years later; initial copies were illegible.
- Post‑conviction DNA testing
- Lobey pursued DNA testing; Y‑STR testing (by Reliagene and others) excluded Lobey.
- The victim’s boyfriend and a man named Fred Knox were also tested/excluded (Knox’s blood did not match). The victim later provided inconsistent statements about recent sexual partners, adding more possible unknown contributors.
- A supposed phone call from jail (witness tampering charge) was contradicted by telephone company records showing no call originated from the jail at the alleged time.
- Procedural and systemic barriers
- Defense counsel failed to locate/introduce key medical record evidence; courts have been unsympathetic due to procedural rules and evidentiary posture.
- Lobey remains incarcerated; he and supporters argue prosecutorial and police misconduct, suppression/mismanagement of evidence, and ineffective representation caused wrongful imprisonment.
Notable quotes / insights
- Lobey: “He said, nigga, you ain't gonna walk the street this summer.” (officer threat after acquittal)
- Paul Castellaro: “I mean, it just stinks.” (on the combination of factors making the case)
- Lobey on record suppression: “I should have been released from prison once it didn't match Fred Knox, but the judge said she believed the victim…”
- Context quote about Moorish Science Temple: “We teach that blacks are not Negro, Black, Colored… other than Moors.” (Lobey describing group identity and how it factors into bias)
Topics discussed
- Police misconduct and bias (targeting of Moorish Temple members)
- Photo arrays and identification errors
- Forensic limitations in 1988 vs. modern DNA testing (Y‑STR testing)
- Brady obligations, evidence disclosure, and legibility of medical records
- Witness tampering allegation vs. phone company records
- Ineffective assistance of counsel and procedural barriers in post‑conviction relief
- Role of innocence organizations (Centurion Ministries, Jim McCloskey, forensic consultants)
Evidence & timeline snapshot
- July 1987: Arrest for alleged drug possession; acquitted in April 1988. Officers allegedly threatened Lobey afterward.
- May 21, 1988: Alleged rape/sodomy reported; victim seven months pregnant; described attacker as freckled light‑skinned Black man.
- May 22, 1988 (approx): Photo array prepared and shown quickly by officer Long/Hammond; Lobey’s photo included.
- Nov 1988: Trial results in conviction — 85 years (35 + 35 + 15).
- 2001 onward: Post‑conviction motions for DNA testing.
- Early 2000s: Y‑STR testing excludes Lobey; further testing excludes victim’s boyfriend and Fred Knox.
- 2014: Discovery of legible medical record indicating victim had not had sex for two weeks prior to assault (critical impeachment evidence not used at trial).
Action items / recommendations (for advocates, practitioners, listeners)
- For wrongful‑conviction advocates and lawyers:
- Re‑review police handling of the photo array and chain of custody — was the array fair and consistent with the victim’s description?
- Re‑raise Brady/suppression claims showing the legible medical record was in evidence but effectively withheld or obscured.
- Renew efforts to obtain full, modern DNA testing and compare to national databases if permitted; retest benchmark specimens if available.
- Press for review of police patterns of misconduct (Hammond and Long) and any related civil evidence.
- For policy reformers:
- Ensure sexual assault investigations are handled by specialized investigators and that photo arrays include persons matching the victim’s description.
- Mandate clear protocols for medical record legibility and disclosure to defense.
- Strengthen Brady compliance and post‑conviction access to forensic testing; reduce procedural obstacles for innocence claims.
- For listeners/readers who want to help:
- Support organizations that litigate wrongful convictions (Centurion, Innocence Project, local legal clinics).
- Share the case publicly to increase scrutiny and political pressure for review.
Open questions / unresolved issues
- Why was the legible medical record effectively unavailable to defense at trial despite being in evidence?
- If DNA excludes all known suspects (Lobey, boyfriend, Fred Knox), why hasn’t further investigation produced other suspects or led to reversal?
- What internal disciplinary records exist for officers Hammond and Long that might show pattern of misconduct?
- Are there remaining physical evidence items that can still be tested with current methods or uploaded to national databases?
Note: The provided transcript contains repetition and transcription artifacts; this summary consolidates the substantive factual and legal points raised in the episode.
