Attorneys for Olaijaide Chapman, now 32, filed their legal action in state Supreme Court in Albany on May 23. They contend Chapman, among other claims, fell victim to a malicious prosecution, was deprived of his right to a fair trial and denied his federal civil rights.
“The conduct transcended the bounds of human decency,” stated the lawsuit, filed by Manhattan attorneys Cary London and Ellie Silverman.
In May 2016, an Albany County jury took less than three hours to convict Chapman, known as Luka, of attempted first-degree murder, attempted second-degree murder, conspiracy and first-degree felony assault charges. Now-state Supreme Court Justice Peter Lynch sentenced Chapman to 25 years to life in prison.
Albany County prosecutors presented evidence at trial that included Chapman’s own words on Twitter to allege that Chapman paid two hit men $2,000 to assassinate Marquis Mitchell, 24. The prosecution said Chapman wanted Mitchell killed because Mitchell was in a rap group, the Smokeboys, whom Chapman blamed for an incident in 2012 when Chapman was shot.
The hit team — Shaquis Salmond and Desonte Welch — pleaded guilty. Both men testified for prosecutors. Salmond, now 29, and Welch, now 28, who identified each other as the sole shooter, both pleaded guilty to first-degree assault in exchange for 15-year prison sentences.
On April 17, 2014, they shot Mitchell in the head at Garden and Raymo streets in the South End, but he survived. Police charged Chapman with the murder-for-hire plot, using his own words on Twitter against him.
In one tweet entered into evidence, Chapman had said one day before the shooting: “Sendin my hittas.”
Chapman also tweeted “Try me and end up smoked,” and “See us know we mean business.” Then, after following Mitchell’s shooting, Chapman tweeted, “Hospital.”
And in another tweet, Chapman tweeted: “I started all this (expletive)!”
In 2020, the Appellate Division of state Supreme Court’s Third Department unanimously reversed the conviction. It ruled that while the case was supported by the weight of the evidence, the judge erred in allowing the jury to see a redacted video of Chapman’s police interrogation in which he remained silent. The Third Department said the error was “highly prejudicial and violated state evidentiary law.”
The lawsuit identified three Albany detectives and an Albany County assistant district attorney as plaintiffs, as well as five unidentified assistant district attorneys and another five unidentified city police officers. The suit said that during the Albany police interrogation of Chapman, detectives continually stated that Chapman’s tweets would implicate him.
The suit claimed the detectives tried to continually manipulate Chapman. It said detectives asked to hear his voice by threatening Chapman that people close to him were getting locked up, claiming to follow him on Twitter and “continuously badgering Mr. Chapman that he was not only in a gang, but a high-ranking member.” Chapman was identified as a member of a gang affiliated with “uptown” Albany in West Hill.
His attorneys seek compensatory, special and punitive damages and legal fees, among other costs.
Spokespersons for Mayor Kathy Sheehan, city police and District Attorney David Soares’ office could not be immediately reached.