The Crime
On Halloween night in 2012, the Black Students Association hosted a “Freaks and Geeks” party at the University of Southern California (USC). Among the hundreds in attendance were Brandon Spencer, his girlfriend, and her friend.
Around 11:38 p.m., a witness, who knew Brandon from high school, claimed to see Brandon approach Geno Hall who was outside the party area and ask Hall where he was from. Hall responded, “Rolling 40s.” The witness alleged that Brandon briefly stepped away, returned with a gun, and fired six shots. The shots injured Hall, his friend Davonte Smith, bystander Thomas Richie, and Mysson Downs, who had known Brandon previously. None of the victims ever identified Brandon as the shooter, and another eyewitness did not believe Brandon was the shooter.
As Brandon ran away from where he heard the shots coming from, Los Angeles Police Department (LAPD) Officers detained Brandon in the USC parking lot. The officers said Brandon looked like he was reaching into his waistband and matched the description of the shooter. Police did not find any weapons on Brandon. The officers searched Brandon’s cell phone without a warrant, discovering a photo of a revolver, an image of Brandon at a shooting range, BPS graffiti, and a video allegedly depicting gang activity.
A USC security guard identified Brandon through a highly suggestive single-person field show-up. Three hours after Brandon had already been detained, LAPD recovered a revolver in a nearby parking lot—though reports conflict about the exact location where it was found.
The prosecution later presented DNA evidence regarding two items: Brandon’s shirt and the revolver police found. A key issue in Brandon’s conviction is the lack of definitive DNA evidence linking him to the revolver. While it’s expected that his DNA was found on his own shirt, the DNA results from the revolver were far less reliable: analysts testified that the DNA profile could match approximately 1 in 40 people—a level of inclusion considered scientifically unreliable by today’s standards.
Officers used the photographs and videos found on Brandon’s phone to obtain search warrants for Brandon’s and Hall’s cell phones and Twitter accounts. Tweets from their Twitter accounts were subsequently presented at trial to demonstrate that the two had been in an argument leading up to the Halloween party, which was used as the possible motive for the shooting.
Postconviction
Years later, the witness who allegedly saw Brandon shoot towards Hall recanted his statement and made claims that LAPD and prosecution coerced his statement.
The Innocence Center is actively investigating Brandon’s claim of innocence, focusing on the recantation, determining whether DNA retesting is possible, exploring any Racial Justice Act violations, and locating other partygoers who have crucial information.
In 2031, Brandon will have his first chance at freedom when the California Board of Parole Hearings reviews his case. The Innocence Center will continue to advocate for him in this process.
Brandon’s case highlights how external pressures, such as campus politics, flawed investigations, and weak evidence can lead to wrongful convictions. Despite increased surveillance, the cameras failed to capture the exact moment of the shooting, only the surrounding events, adding pressure to resolve the case swiftly. Justice demands a closer examination, and we will not stop fighting until the truth is revealed.
Media
In 2024, Brandon Spencer and TIC Staff Attorney Claudia Salinas sat down for an interview with Maggie Freleng, a host on the Wrongful Conviction Podcast. To learn more about the case and hear directly from Brandon and Claudia, tune in to the podcast at the link below.
PODCAST: #504 Maggie Freleng with Brandon Spencer (December 23, 2024)
https://lavaforgood.com/podcast/504-maggie-freleng-with-brandon-spencer/
