Charles Dickens begins the novella "A Christmas Carol" by letting the reader know absolutely and unequivocally that Jacob Marley is dead. Without establishing that fact, the story would have little meaning.
For this story, you have to understand that Antonino "Nino" Lyons— All-American basketball player, businessman, youth mentor and local civil rights leader — is, and was, innocent.There are no questions about it. But don't take my word. A federal judge did the unheard of and issued a certificate of "Actual Innocence" stating as such.
Lyonswas arrested, tried and convicted in 2001 of drug conspiracy, dealing in counterfeit clothing and carjacking. He faced life in a federal prison. I have my theories but the real reason he was framed is known only to those responsible.
Before we get into why I'm writing about Lyons now, you need to know the backstory: where Lyons came from, what happened to him and what's still happening to him all these years later.
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Nino Lyons was legend at Rockledge, Florida Tech
Lyons was ahigh school and collegiate basketball star, breaking records first at Rockledge High School, where he once scored 54 points in a single game in 1978. As a senior, he was named FLORIDA TODAY's Basketball Player of the Year when he averaged 23 points and 12 assists per game.
Former Rockledge Councilman Dick Blakeonce described Lyons as the "Michael Jordan of Brevard County."
He went to the University of Florida on athletic scholarship but hurt his knee early in his first year and played only a few games. His scholarship was withdrawn the next year so he transferred to Lake City community college and then to Florida Tech to get his degree.
Lyonswas an All-American at Florida Tech andas a senior he led the Sunshine State Conference in scoring, averaging 20.8 points a game. He was awarded the team's Most Valuable Player award each of the two years he played there.
He was inducted into the school's Hall of Fame in 1988.
Cocoa childhood marked by racism, death
Life was not easy for Lyons and his family.
He grew up inCocoa in the early 1960s when it was still segregatedand it was common to be on the receiving end ofracial slursif he wandered into the white part of the city. He was the oldest in afamily of four girls and three boys.
"I was told as a child not come into downtown Cocoa and not to go into Neisner's Department Store because I was a 'N-word' and the Cocoa police made me and my friends leave the store," Lyons said. "My dad came and got into an altercation with police. I remember it like it was yesterday."
Another time, while Lyons, 12, was starring for the Kennedy Middle School basketball team, he said he had gone fishing for sheepshead with a few friends at the riverfront. As the boys walked home, the weather turned drizzly and they put their jackets over their heads. That's when a group of older white men confronted the boys.
One of the men called them the 'N-word' and said he was going to run them over with his truck. Lyons said herecognized the man as his P.E. teacher.
"He never knew it was me but I had always wondered why I was getting a 'C' in P.E. when I was the best athlete in the class," Lyons said.
When he was 14 years old, tragedy struck when Lyons' father, Raymond, died of a brain aneurysm. It was 1974, and Lyonsassumed the role of surrogate father to his siblings.
He would often walk his sisters home from school to make sure they were not being picked on. During the summer he insistedall of his siblings got jobs so they could helptheir mother, Minnie, with the household bills.
"My parents taught me that your reputation meant the world," Lyons said.
Basketball scholarship and college degree
Basketball got him attention, but Lyons was a solid student, too. He earned "B's"throughout high school and college, andgraduated from Florida Tech in 1983 with a degree in business. He went to work for Harris and then building material supplier Martin Marietta before opening two clothing stores. He would later also open a small nightclub.
Lyons' wife, Debbie, was theprincipal at Endeavour Elementary School.The couplesaved their money to buy a $60,000 house in Cocoa.
They were true pillars in a community that desperately neededrole models. Lyonsserved as vice president of the Central Brevard NAACP and in 1987 he startedthe Nino Lyons Youth Outreach Association's basketball camp program. It began every day with a prayer and then a lecture usually about saying no to drugs.Some of the speakers included recovered drug addicts, single mothers and medical professionals warning about drug abuse.
"Ever since I can remember, back to when I was a kid, Nino has always been the guy that was the coach," said City of Cocoa CouncilmanLevander Hearn, who as a child played on some of the teams coached by Lyons. "Hesponsored our teams, we didn't have to raise money. Nino would buy our jerseys. He's just a real good community guy who really cares."
One of those kids lucky enough to callLyons his coach was Jumaine Jones, who went on to become an NBA first-round draft pick who played eight seasons in the NBA most notably for the Los Angeles Lakers and Philadelphia 76ersand then several more seasons in Europe.
"He has always been my mentor, even today," Jones said. "I wouldn't be where I am if it wasn't for Nino. He got me to start playing basketball and he taught me most of the things that made me fall in love with the game. He is my inspiration, my hometown hero."
Jones said it was Lyonswho kept him off the streets.
"Most of my family and friends sold drugs," Jones said. "I was surrounded by that and couldn't wait to graduate so Icould do it too but Nino always kept me positive and off the streets."
Stop, search and framed
Now, during this time, the Cocoa Police Department had started doing public strip searches of young black men they suspected of committing crimes. The move angered the community and Lyonsbegan videotaping members of the police department's street crimes unit when they did the strip searches.
Lyonssaid it seemed like the right thing to do and credits his father.
"My dad taught me all human beings should be treated like human beings even if they are poor and less fortunate," he said. "I always tried to prevent them (police) from harassing and bothering people in our community."
His videotaping in 2000 led to the city of Cocoa paying $72,500 to settle four lawsuits filed in federal courtagainst the Cocoa Police involving those searches.
It was around that time thatLyonsbecame the subject of an intense investigation by Cocoa police and federal agents. His home and business were raided in December 2000.
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His wife later told USA TODAY that it changed their family's life forever. She recalledthe legal paperwork stating the United States vs. Antonino Lyonsaka Nino Lyons and feeling helpless.
"I remember reading that on all the documents and remembering in my mind the map of the United States of America versus this one person," she said. "And you don't feel like you can win."
Investigators said the businesses were a front for a massive cocaine operation. But they never seized any drugs, never conducted undercover buys and never recorded telephone conversations where drugs were discussed. In other words, they had no evidence.
That's because the charges were made up. This was a total frame job.
Lyons was convicted in federal court mainly on the testimony of more than two dozen convicted felons who said Lyons supplied them with drugs. They were lying and prosecutors knew it because many of the felonswere already locked up when they supposedly were buying drugs.
These crooked prosecutors also failed to tell Lyons' attorneysabout evidence that could have undermined the accusations, something prosecutors are legally obligated to do.
After an appeal,U.S. District Judge Gregory Presnellblasted prosecutors for a "protracted course of misconduct" that "caused extraordinary prejudice to Lyons, exhibited disregard of the Government's duties, and demonstrated contempt for this court."
Judge Presnell dismissed the charges in 2004and Lyons was freed after 33 months in county jail. But the gross injustice of the case would compelthe judge to go even further.
Years later, Lyons'attorneys, Greg Eisenmenger and Robert Berry, filed a motion to have their client declared innocent, which would pave the way for Lyonsto sue the government under the Federal Unjust Conviction Statute. These kinds of motions are rarely successful.
In 2010, Judge Presnell said prosecutors knew witnesses were lying and encouraged them to lie. He then declared Lyons to be actually innocent.
Presnell blasted prosecutors, writing, in part: "(Lyons) was represented by competent counsel who were zealous in their defense of Lyons. However, they were unable to overcome what turned out to be a concerted campaign of prosecutorial abuse."
Still, the stigma of being accused — even falsely — is one that has proven hard to shake.
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After being declared innocent, Lyons successfully sued the U.S. government for $140,000, a paltry sum when considering his three years of incarceration, losing his businesses and the house he purchased with his wife.
She, too, did not remain unscathed. Debbie Lyonswas "reassigned" from her position as school principal before Lyons was ever convicted and forced to take a cut in pay. She later unsuccessfully sued the school board and has never been reinstated to her old position.
Nino Lyons: Basketball coach for hire
Fast-forward to 2022.
Lyons has his life back. He has for awhile. He owns several businesses and is comfortable. His children, now grown, are college graduates and working professionals. Despite what he lost, Lyonsremains a community leader, eager to lend his voice or his hands to local projects.
Attorney Alton Edmonds, who unsuccessfully ran for Brevard County sheriff in 2020, said that when he first moved to Brevard County, he immediatelystarted hearing the name "Nino Lyons."
"I spoke withpeople who he coached and who he did things in the community for," Edmonds said. "Ispoke to people who he donated to their organizations.I talked to people who he helped provide school clothes for and bikes and school supplies and so the list goes on and on of the impact he's made in the community."
But there's one thing Lyons hasn't been able to achieve. The former high school and college basketball star had long wanted to coach in the high school system.
"I want to share and teach the basketball skills that I’ve learned over the years with the young kids in my community," Lyons said. "Coaching would also allow me to mentor young boys into becoming successful young men by utilizing basketball as a tool to gain access to them."
Lyons began applying. He's applied for11high school coaching positions between 2009and 2022.It's certainly isn't about money for Lyons as coaches receive a meager stipend, usually around $1,500 for a season.
He said he has passed a background check and has been a registered volunteer in the past though the school district's Human Resources department, althoughhe is currently not registered.
Still, despite all the applications, there have been no job offers.
In most cases Lyons was not even afforded an interview.
"I think it’s a tragic example of how much damage a lie can do to an innocent person, especially when that lie is perpetrated by the Government," said attorney Robert Berry, who was part of the Lyons' defense team. "That lie has followed him around for two decades now.There were people in law enforcement that believed an African American could not be a successful businessman through hard work.I’m not sure the world has changed as much as we’d like to think."
Urged to keep applying
Just a few months ago, Lyons said he was approached by numerous people in the Titusville community about coaching Titusville High School's boys basketball team.He said he spoke to the athletic director Jason Berley,who, Lyons said, was enthused about his interest. Lyons said he was endorsed for the job by Titusville Police Chief John Lau, Mayor Dan Diesel and Jeff Davis, the president of the North Brevard NAACP.
Diesel and Davis declinedto comment for the story and Lau and Berley did not respond to several attempts to reach themfor a comment.
It soundslike a perfect match: a coach who rose above the streets mentoring students, many of whomshare the same background and struggles.
"I think they could better identify with someone they know from the community, that grew up in the community that at one point had absolutely nothing in life," Lyons said. "Someone that has gone through tough times and came out successful and that would give them hope that they could come through hard times and be successful also.I can share experiences not only as a successful player and coach but also as a successful business person born and raised in the community."
There is no question Lyonsis a role model and mentor to the young. But he also knows basketball.
Retired NBA player Jones told me that when he was playing for the Los Angeles Lakers, Lyonssent him a scouting report he had come up with. Jones shared it with his Laker coaches.
"They were impressed with his knowledge of the game," Jones said. "If anyone should be coaching kids, it's him. You have to be relatable and who is more relatable than Nino?"
But Lyons said he was never given an interview. Helearned through a friend that Titusville hired Kenny Herbst,a 2008 graduate of Merritt Island, where Herbst heplayed basketball. Herbst came to the Titusville job from coaching basketball at Space Coast Junior/Senior High for the last fewyears, compiling a 22-49 record.
"It does seem kind of funny, considering his background and all the accolades that he (Nino) wasn't even interviewed," Hearn said. "That just doesn't sit well with me.Because I know that if he was given an interview, he would have blown it away. They would have been compelled to hire him."
The school district saidhiring preference is given to teachers over what they classify as a "community coach."
Russell Bruhn, a spokesman for Brevard Public Schools, said: "A teacher was hired for the Titusville High basketball coaching position. When a qualified internal candidate emerges for an opening, BPS tries to promote (in this case add responsibilities) from within."
Since2009, Lyonshas applied for open positions at the following high schools: Cocoa Beach, Viera, Merritt Island (twice), Astronaut, Cocoa (girls teams), Palm Bay and Rockledge (three times).
"I think I’ve been blackballed because I’m a community activist who was completely exonerated in a case that was clearly fabricated against me," Lyons said. "I take stances and support people that are less fortunate."
The school district did not comment further about Nino's quest for a coaching position.
Third time the charm?
In early September, the Rockledge High School boys varsity basketball coach position became available again. Lyonsapplied for the third time to the school where he was once a legend.
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Remember, Lyons' number 10 jersey wasretired. It used to be on display in the school's trophy case but is no longer there.It's where he became a Southern Regionall-American, where his own children went to school. In 2019, when the head coaching position opened up, Lyons said he received a recommendation from Rockledge Mayor Tom Price and the late Cocoa Mayor Jake Williams.
Still it wasn't good enough.
Local politicians aren't the only people who Lyonssaidhave backed him for a coaching job. The list of people who have called or sent letters on his behalf that he provided to FLORIDA TODAY include Mike Woodson, former NBA coach of the Atlanta Hawks, former Orlando Magic player and NBA Assistant Coach Darrell Armstrong, former NBA player Jones, NBA basketball referee Eric Lewis, retired Florida Tech Athletic Director Bill Jurgens, Tommy Folliard, junior CEO of Carmax Corporation among others.
"Something is amiss," Edmonds said. "Idon't like it. It doesn't smell right."
While the school district said preference goes to a teacher who also coaches, it seemsunlikely that Lyons lost out to a teacher all nine times he has applied, especially when you consider that of 32 varsity high school basketball coaches (girls and boys) only 11of those are teachers — including one coach who is a substitute teacher.
For the Rockledge basketball coaching job, once again Lyonswas not hired.The job went to Brevard County Sheriff Deputy Colin Kearns, whose son is on the team and whose wife, Christine, is the school's assistant athletic director. Kearns had beenthe head basketball coach atKennedy Middle School.
It should be noted that initially, Lyonssaid he did not want this story told. He did not want to come across as bitter or angry because he is so full of joy. He also didn't want to make waves. It was only after several of his friends expressed their frustration and told him he could no longer stay silent that he said he agreed it was time to publicly speak out.
Lyons' longtime friend and former attorney Greg Eisenmenger said he doesn't have an answerwhy schools won't hire Lyons.
"Despite his exoneration, is he still being stigmatized because of the charges?I don’t know but it is a concern," attorney Greg Eisenmenger said. "He is known as an activist.Brevard County is very conservative, is that a factor? All I know is he and his future team deserve Nino Lyons as a coach. I hope he gets a shot. The community will be better if that happens."
Contact Torres at 321-242-3684 or at jtorres@floridatoday.com. You can follow him on Twitter @johnalbertorres or on Facebook at facebook.com/FTjohntorres.
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