1 00:00:05,880 --> 00:00:09,560 Speaker 1: Tens of thousands of people incarcerated in the US have 2 00:00:09,640 --> 00:00:13,440 Speaker 1: been wrongfully convicted and are being held in captivity for crimes, 3 00:00:13,600 --> 00:00:17,759 Speaker 1: even as they adamantly maintain their innocence. What's it like 4 00:00:17,960 --> 00:00:20,520 Speaker 1: to be one of those imprisoned people, and what's it 5 00:00:20,640 --> 00:00:23,799 Speaker 1: like to be their ally, the one outside committed to 6 00:00:23,840 --> 00:00:27,480 Speaker 1: fighting for their freedom. I'm Lauren Bride Pacheco, and this 7 00:00:27,720 --> 00:00:40,120 Speaker 1: is wrongful conviction. On February fourth, nineteen seventy nine, the 8 00:00:40,159 --> 00:00:42,560 Speaker 1: bodies of a mother and her teenage daughter were found 9 00:00:42,640 --> 00:00:45,440 Speaker 1: in an apartment in Norfolk, Virginia, known as a party 10 00:00:45,440 --> 00:00:48,199 Speaker 1: house due to a steady flow of visitors. Twenty one 11 00:00:48,240 --> 00:00:51,519 Speaker 1: year old Joe Giarretano lived there in the month before 12 00:00:51,920 --> 00:00:55,480 Speaker 1: and the night of the murders. Waking up upon the 13 00:00:55,520 --> 00:00:58,560 Speaker 1: scene with no recollection of the events due to excessive 14 00:00:58,640 --> 00:01:02,000 Speaker 1: drug and alcohol use, Jerretano assumed that he was the 15 00:01:02,040 --> 00:01:05,919 Speaker 1: one who'd committed the murders. Over time, he provided five 16 00:01:06,080 --> 00:01:10,320 Speaker 1: different confessions to the police, each of which were inconsistent 17 00:01:10,360 --> 00:01:13,440 Speaker 1: with the facts of the crime. Although no physical evidence 18 00:01:13,440 --> 00:01:17,240 Speaker 1: indicated he'd committed the crimes, He was ultimately convicted and 19 00:01:17,360 --> 00:01:21,039 Speaker 1: sentenced to death for the murders. Which placed him in 20 00:01:21,120 --> 00:01:25,120 Speaker 1: the path of our second guest. Joe Ingle, is a 21 00:01:25,160 --> 00:01:28,479 Speaker 1: former death row minister, which is where he devoted his 22 00:01:28,560 --> 00:01:32,119 Speaker 1: adult life. While the death penalty is an issue for many, 23 00:01:32,600 --> 00:01:36,559 Speaker 1: for Joe Ingele, it is primarily about the people caught 24 00:01:36,600 --> 00:01:41,039 Speaker 1: in the killing machinery. His work against mass incarceration and 25 00:01:41,080 --> 00:01:44,560 Speaker 1: the death penalty, while with the Southern Coalition on Jails 26 00:01:44,560 --> 00:01:48,000 Speaker 1: and Prisons, which he helped create, led him to visit 27 00:01:48,160 --> 00:01:51,600 Speaker 1: every Southern death row. That experience created deep bonds with 28 00:01:51,640 --> 00:01:54,200 Speaker 1: the men and women imprisoned there, and Ingle's effort to 29 00:01:54,240 --> 00:01:57,360 Speaker 1: save their lives led him to meetings and churches, synagogues, 30 00:01:57,800 --> 00:02:02,960 Speaker 1: bishop on archbishop offices, as well as governor's offices, legislators 31 00:02:03,000 --> 00:02:06,480 Speaker 1: and courtrooms. It also led him into the homes of 32 00:02:06,520 --> 00:02:10,359 Speaker 1: the families of the condemned and victims. Realizing many of 33 00:02:10,400 --> 00:02:14,440 Speaker 1: the condemned lacked legal representation, he joined in the efforts 34 00:02:14,520 --> 00:02:18,079 Speaker 1: to create the Southern Center for Human Rights to represent them. 35 00:02:18,360 --> 00:02:22,200 Speaker 1: Joe Garretano and Joe Ingele, Welcome to wrongful connect you 36 00:02:22,720 --> 00:02:27,639 Speaker 1: nice you have. Now in terms of simplicity, how shall 37 00:02:27,680 --> 00:02:29,800 Speaker 1: we deal with the fact that you're both named Joe? 38 00:02:30,040 --> 00:02:32,680 Speaker 1: May we do Reverend Joe and Joe. 39 00:02:32,400 --> 00:02:35,920 Speaker 2: Well, I will never use the Reverend except when it's handy, 40 00:02:36,000 --> 00:02:38,200 Speaker 2: so it seems to be handy for you, so we'll 41 00:02:38,320 --> 00:02:38,600 Speaker 2: use it. 42 00:02:40,560 --> 00:02:44,600 Speaker 1: I appreciate it, sir. All right, Joe, I would love 43 00:02:44,680 --> 00:02:47,160 Speaker 1: to start with you. You know, I usually begin these 44 00:02:47,200 --> 00:02:49,880 Speaker 1: episodes asking people to tell me a little bit about 45 00:02:49,960 --> 00:02:55,320 Speaker 1: their childhoods, but having researched yours, I feel compelled to 46 00:02:55,360 --> 00:02:59,400 Speaker 1: start with an article pull just for context. Born to 47 00:02:59,480 --> 00:03:03,480 Speaker 1: a Bronx family involved with drug rings and organized crime, 48 00:03:03,960 --> 00:03:08,360 Speaker 1: Gerretano started shooting demrol when he was eleven, under the 49 00:03:08,400 --> 00:03:10,960 Speaker 1: watchful eye of his junkie mother. 50 00:03:12,560 --> 00:03:16,080 Speaker 3: That's a lot, it is. I mean at the time, 51 00:03:16,720 --> 00:03:18,960 Speaker 3: you know, I was a kid and just following my 52 00:03:19,000 --> 00:03:21,919 Speaker 3: mother's leave. But she was a junkie herself. My mother 53 00:03:22,040 --> 00:03:25,000 Speaker 3: was a paranoid, schizophrenic and a criminal genius. 54 00:03:26,360 --> 00:03:26,760 Speaker 4: Wow. 55 00:03:26,840 --> 00:03:29,600 Speaker 1: And I've read that she actually ran one of the 56 00:03:29,720 --> 00:03:33,720 Speaker 1: largest drug smuggling operations on the East Coast. 57 00:03:33,960 --> 00:03:37,280 Speaker 3: She did. She worked with Carlos later Revus out of 58 00:03:37,280 --> 00:03:39,440 Speaker 3: Columbia with the Medaine drug cartel. 59 00:03:41,320 --> 00:03:45,600 Speaker 1: Wow. Was your father involved in your upbringing? Was he 60 00:03:45,640 --> 00:03:46,600 Speaker 1: part of your household? 61 00:03:46,840 --> 00:03:49,800 Speaker 3: No, my father left when I was a child. I 62 00:03:49,840 --> 00:03:54,000 Speaker 3: don't really have any memories of him. And then sometime 63 00:03:54,080 --> 00:03:58,320 Speaker 3: in the nineties, People magazine did an article about me. 64 00:03:59,120 --> 00:04:01,760 Speaker 3: I was supposed to get cover the Sammy Davis Junior 65 00:04:01,800 --> 00:04:03,840 Speaker 3: died that week, so they gave him the cover and 66 00:04:03,880 --> 00:04:07,560 Speaker 3: gave me the centerfold. So I've been at the centerfold. 67 00:04:09,160 --> 00:04:14,120 Speaker 3: No dat. My father apparently saw he was imprisoned in 68 00:04:14,200 --> 00:04:17,200 Speaker 3: Florida and reached out to me and contacted me. 69 00:04:18,440 --> 00:04:21,320 Speaker 1: How old were you then when you reconnected with him. 70 00:04:21,640 --> 00:04:26,640 Speaker 3: After the murders, so probably sometime the early nineties. 71 00:04:27,240 --> 00:04:30,080 Speaker 1: We mentioned that you were exposed to drug use at 72 00:04:30,080 --> 00:04:33,280 Speaker 1: a very very young age. How did that change the 73 00:04:33,320 --> 00:04:37,000 Speaker 1: way you saw yourself and the world in general? 74 00:04:38,440 --> 00:04:41,279 Speaker 3: Back then? The only thing I knew to do from 75 00:04:41,360 --> 00:04:44,480 Speaker 3: the way I was brought up with the followers. Whatever 76 00:04:44,600 --> 00:04:46,560 Speaker 3: my mother told me to do, that's what I did. 77 00:04:47,320 --> 00:04:50,919 Speaker 3: And everybody that I knew was a criminal. They were 78 00:04:51,200 --> 00:04:57,400 Speaker 3: either made ment for the mafia or street hoods, and 79 00:04:57,440 --> 00:05:01,599 Speaker 3: then the Columbians got involved. Thing I knew was criminal activity. 80 00:05:02,160 --> 00:05:03,279 Speaker 3: That's how we survived. 81 00:05:04,120 --> 00:05:07,080 Speaker 1: I've also read that you were sent to a reform 82 00:05:07,160 --> 00:05:11,680 Speaker 1: school in Florida as a child, which later was known 83 00:05:11,760 --> 00:05:17,680 Speaker 1: for its ridiculously troubling abuse of the children in its care. 84 00:05:18,640 --> 00:05:22,239 Speaker 1: Is that description in keeping with what you experienced there? 85 00:05:22,520 --> 00:05:26,440 Speaker 3: Yes, And in fact that's very relevant now because Governor 86 00:05:26,560 --> 00:05:30,080 Speaker 3: DeSantis down in Florida should be signing an authorizing compensation 87 00:05:30,760 --> 00:05:34,719 Speaker 3: for the survivors from nineteen forty to nineteen seventy five 88 00:05:35,080 --> 00:05:37,720 Speaker 3: who were at the Dosia School for Boys, and I 89 00:05:37,760 --> 00:05:41,840 Speaker 3: have been working all by affidavit for that. Wow. 90 00:05:42,000 --> 00:05:44,039 Speaker 1: How long were you there? What age? 91 00:05:44,440 --> 00:05:48,760 Speaker 3: Oh? I was young. I was there twice. The last 92 00:05:48,800 --> 00:05:56,080 Speaker 3: time was probably seventy five. I was raped there under 93 00:05:56,080 --> 00:05:59,800 Speaker 3: the watchful eyes of a cottage parent who stood there, 94 00:06:00,080 --> 00:06:02,520 Speaker 3: laughed and did nothing, and then told me to clean 95 00:06:02,560 --> 00:06:04,440 Speaker 3: myself up and forget about it. If I knew what 96 00:06:04,600 --> 00:06:05,200 Speaker 3: was good for me. 97 00:06:06,520 --> 00:06:14,679 Speaker 1: Wow, Joe, I'm so sorry that you experienced what you experienced. 98 00:06:16,560 --> 00:06:19,080 Speaker 3: Oh, it was tough. I've been working on the Affidavid 99 00:06:19,160 --> 00:06:23,320 Speaker 3: now for almost two months. It's going back revisiting. That's hard. 100 00:06:24,880 --> 00:06:28,080 Speaker 1: So, given everything that you had on your plate, being 101 00:06:28,160 --> 00:06:32,039 Speaker 1: raised by somebody with mental illness and addiction illness on 102 00:06:32,120 --> 00:06:36,479 Speaker 1: top of surrounded by criminal activity, and then sexually and 103 00:06:36,520 --> 00:06:39,760 Speaker 1: physically abused at a school where you were supposed to 104 00:06:39,839 --> 00:06:42,679 Speaker 1: go to become a better person. 105 00:06:42,800 --> 00:06:46,200 Speaker 3: They're still finding bodies at that school. They're still digging 106 00:06:46,279 --> 00:06:49,320 Speaker 3: up bodies of people that were killed. 107 00:06:50,600 --> 00:06:52,920 Speaker 1: It's not surprising that you ended up dropping out of 108 00:06:52,960 --> 00:06:54,000 Speaker 1: school altogether. 109 00:06:54,240 --> 00:06:56,560 Speaker 3: No, I dropped out of school, and does you're really 110 00:06:57,960 --> 00:07:01,800 Speaker 3: set the course After that was released from Doser, the 111 00:07:01,880 --> 00:07:03,839 Speaker 3: only place they would allow me to go was back 112 00:07:03,880 --> 00:07:07,839 Speaker 3: to my mother, back into criminal activity. And then in 113 00:07:07,960 --> 00:07:13,480 Speaker 3: nineteen seventy eight, seventy late seventy eight, early seventy nine, 114 00:07:13,800 --> 00:07:17,040 Speaker 3: my mother wanted to expand her criminal activity into virgin 115 00:07:17,200 --> 00:07:19,640 Speaker 3: She had two friends. She said, you're going with them 116 00:07:19,640 --> 00:07:22,000 Speaker 3: to Virginia. You're going to work on the fishing boats 117 00:07:22,040 --> 00:07:24,160 Speaker 3: up there, and we're going to use the boats to 118 00:07:24,160 --> 00:07:25,880 Speaker 3: smuggle cocaine into virgin. 119 00:07:27,320 --> 00:07:29,760 Speaker 1: So I was going to ask you how you ended 120 00:07:29,840 --> 00:07:33,040 Speaker 1: up being a scallop fisherman in Norfolk, Virginia. But it 121 00:07:33,160 --> 00:07:36,680 Speaker 1: was just a front for your mother's drug smuggling operations exactly. 122 00:07:37,000 --> 00:07:40,000 Speaker 3: So actually enjoyed being on the boats. I loved the work, 123 00:07:40,480 --> 00:07:43,760 Speaker 3: but the main focus was smuggling cocaine into this state. 124 00:07:45,520 --> 00:07:50,320 Speaker 1: Wow, And that takes us pretty much up to the 125 00:07:50,440 --> 00:07:55,520 Speaker 1: time when this tragedy unfolded. You're twenty one years old. Honestly, 126 00:07:55,600 --> 00:07:57,680 Speaker 1: all of this makes much more sense to me now 127 00:07:57,720 --> 00:08:02,920 Speaker 1: that I know that cartels were in the landscape of 128 00:08:02,960 --> 00:08:07,080 Speaker 1: how this unfolded too. But just the facts of the 129 00:08:07,120 --> 00:08:11,720 Speaker 1: case were that on February fourth of nineteen seventy nine 130 00:08:11,760 --> 00:08:15,640 Speaker 1: in Norfolk, Virginia, a forty four year old named Barbara Ann, 131 00:08:15,840 --> 00:08:18,360 Speaker 1: also known as Tony Klein, and her fifteen year old 132 00:08:18,400 --> 00:08:22,960 Speaker 1: daughter Michelle were murdered, and that you had arrived at 133 00:08:23,000 --> 00:08:25,240 Speaker 1: the apartment at six o'clock, nobody was there. You come 134 00:08:25,280 --> 00:08:30,360 Speaker 1: back at eight. You're under the influence of drugs and alcohol. 135 00:08:30,920 --> 00:08:35,480 Speaker 3: I was wasted. I was injecting de lawds, which is 136 00:08:35,480 --> 00:08:40,079 Speaker 3: a major painkiller for cancer patients. I was probably using 137 00:08:40,200 --> 00:08:43,600 Speaker 3: five to six lawns a day as well as drinking. 138 00:08:45,640 --> 00:08:49,560 Speaker 1: So you wake up on the couch, wake up. 139 00:08:49,400 --> 00:08:54,160 Speaker 3: On the couch and didn't see anybody. Initially went to 140 00:08:54,200 --> 00:08:57,240 Speaker 3: the bathroom and that's when I saw Barbara before and 141 00:08:57,800 --> 00:09:01,000 Speaker 3: the bathroom face one of the bedrooms, and when I 142 00:09:01,120 --> 00:09:07,920 Speaker 3: turned I saw Michelle lane on. I panicked. My criminal 143 00:09:07,960 --> 00:09:10,120 Speaker 3: instincts kicked in and I said I need to get 144 00:09:10,120 --> 00:09:10,800 Speaker 3: back to my mother. 145 00:09:12,720 --> 00:09:15,080 Speaker 1: But it must have been like waking up into a 146 00:09:15,160 --> 00:09:16,600 Speaker 1: scene from a horror movie. 147 00:09:16,679 --> 00:09:19,560 Speaker 3: It was a nightmare. It was a nightmare. I still 148 00:09:19,559 --> 00:09:21,480 Speaker 3: see it through this day sometimes in my head. 149 00:09:22,720 --> 00:09:27,560 Speaker 1: In that moment of complete blackout, brain fog. You just 150 00:09:27,679 --> 00:09:29,720 Speaker 1: assumed you had something to do. 151 00:09:29,679 --> 00:09:33,640 Speaker 3: With it exactly. I was there. I don't remember anybody 152 00:09:33,640 --> 00:09:37,800 Speaker 3: else being there. Uh. 153 00:09:37,840 --> 00:09:40,240 Speaker 1: And I mean not to get into too much detail 154 00:09:40,360 --> 00:09:43,160 Speaker 1: or gore, but was there any physical sign that you 155 00:09:43,240 --> 00:09:45,599 Speaker 1: had been involved in two bloody murders? 156 00:09:45,880 --> 00:09:45,960 Speaker 3: No? 157 00:09:46,600 --> 00:09:47,080 Speaker 1: On you? 158 00:09:47,480 --> 00:09:48,600 Speaker 3: No? 159 00:09:48,600 --> 00:09:48,640 Speaker 2: No. 160 00:09:49,720 --> 00:09:52,120 Speaker 3: There was one little speck of blood on my boot, 161 00:09:52,760 --> 00:09:57,400 Speaker 3: a little tiny speck of blood, and they sent it 162 00:09:57,440 --> 00:10:01,680 Speaker 3: off to lab to be analyzed. But at blood's convinced me. 163 00:10:01,720 --> 00:10:03,880 Speaker 3: At that point, I didn't know where the blood came from. 164 00:10:03,960 --> 00:10:07,280 Speaker 3: I couldn't remember. I must have done it. We found 165 00:10:07,320 --> 00:10:11,960 Speaker 3: out years later that the blood on shoe didn't company 166 00:10:12,040 --> 00:10:15,600 Speaker 3: the one of the victims, and I had been in 167 00:10:15,600 --> 00:10:19,640 Speaker 3: a fight at some point at one of the bars. 168 00:10:20,640 --> 00:10:22,120 Speaker 3: That's how the blood got off the sheet. 169 00:10:24,040 --> 00:10:29,280 Speaker 1: You panicked initially and fled to Florida, Yes, only to 170 00:10:29,400 --> 00:10:34,280 Speaker 1: then turn yourself in at a greyhound bus station at 171 00:10:34,280 --> 00:10:37,480 Speaker 1: three am to a uniformed police officer who was just 172 00:10:37,520 --> 00:10:39,960 Speaker 1: sitting minding his own business and we were sitting. 173 00:10:39,720 --> 00:10:42,600 Speaker 3: There eating breakfast. All I could see was dead body. 174 00:10:42,720 --> 00:10:44,800 Speaker 3: All I could see was Barbara and Michelle laying here. 175 00:10:45,600 --> 00:10:47,560 Speaker 3: And I just walked up to the cop and sat 176 00:10:47,600 --> 00:10:50,679 Speaker 3: down and said, hey, I think I killed two people 177 00:10:50,720 --> 00:10:51,640 Speaker 3: in Aufolk. 178 00:10:53,040 --> 00:10:57,720 Speaker 1: And you thought you did, but had no idea of 179 00:10:57,800 --> 00:11:00,880 Speaker 1: how it was done. So you end up waving your 180 00:11:00,920 --> 00:11:01,520 Speaker 1: miranda right. 181 00:11:01,640 --> 00:11:05,520 Speaker 3: Well, I waved my Miranda rights. I gave the Jacksonville 182 00:11:05,559 --> 00:11:10,080 Speaker 3: police officers what amounted to a full confession. They said, well, 183 00:11:10,280 --> 00:11:11,920 Speaker 3: how'd you do it? I said, I don't know, and 184 00:11:11,960 --> 00:11:14,280 Speaker 3: they started suggesting to me, did you do it like this? 185 00:11:14,440 --> 00:11:16,720 Speaker 3: Did you do it like that? And I just said yes. 186 00:11:17,840 --> 00:11:20,679 Speaker 3: Then the contacted the No off Of Police Department, and 187 00:11:20,960 --> 00:11:24,320 Speaker 3: two detectives from an off came to Florida, brought me 188 00:11:24,400 --> 00:11:28,080 Speaker 3: back to Virginia, and that's where the series of other 189 00:11:28,120 --> 00:11:30,920 Speaker 3: five confessions came in. They said, no, it couldn't have 190 00:11:30,960 --> 00:11:33,680 Speaker 3: happened like this. It had to have happened like this, 191 00:11:34,840 --> 00:11:39,720 Speaker 3: and I just followed their lead. And these were police 192 00:11:39,760 --> 00:11:44,480 Speaker 3: certain confessions. I didn't write these confessions they wrote, but 193 00:11:44,640 --> 00:11:48,080 Speaker 3: they started doing it before they had actually investigated the 194 00:11:48,080 --> 00:11:50,040 Speaker 3: crime scene. They hadn't been to the crime scene. 195 00:11:50,120 --> 00:11:53,839 Speaker 1: Yet I know that this was ten years before DNA 196 00:11:54,280 --> 00:12:00,800 Speaker 1: evidence was of value, truly, but a proper investigation at 197 00:12:00,840 --> 00:12:04,480 Speaker 1: the time would have uncovered all of the things you 198 00:12:04,600 --> 00:12:07,760 Speaker 1: ended up uncovering a decade later exactly. 199 00:12:07,800 --> 00:12:11,440 Speaker 3: And what they did because they hadn't seen the crime scene, 200 00:12:12,800 --> 00:12:17,960 Speaker 3: they had to keep coming back and revising the confessions and. 201 00:12:18,080 --> 00:12:21,840 Speaker 1: The autopsy afterwards just to keep this clear. So you 202 00:12:22,040 --> 00:12:25,640 Speaker 1: end up giving five different versions of the confession, and 203 00:12:25,760 --> 00:12:30,920 Speaker 1: basically you're playing charades and they're feeding you what to say, 204 00:12:31,280 --> 00:12:34,280 Speaker 1: so by the time you come up with your fifth confession, 205 00:12:34,600 --> 00:12:38,079 Speaker 1: you're just parroting back what they have told you are 206 00:12:38,240 --> 00:12:40,040 Speaker 1: the crime scene exactly. 207 00:12:41,120 --> 00:12:43,760 Speaker 3: Then I get a quarter pointer to Turney had just 208 00:12:43,880 --> 00:12:47,040 Speaker 3: gone to trial, had a head a decent atturning because 209 00:12:47,040 --> 00:12:50,480 Speaker 3: it was physical evidence which we didn't find till later. 210 00:12:51,000 --> 00:12:56,520 Speaker 3: And none of that physical evidence bloody footprints, headhairs, pupa hairs, 211 00:12:56,559 --> 00:13:01,280 Speaker 3: and sperm, none of it matched me. And they hid 212 00:13:01,320 --> 00:13:01,840 Speaker 3: that promise. 213 00:13:04,400 --> 00:13:08,800 Speaker 1: So before we even get to that shamble of a 214 00:13:08,800 --> 00:13:12,120 Speaker 1: half day trial, on February sixth of nineteen seventy nine, 215 00:13:12,160 --> 00:13:15,320 Speaker 1: at the age of twenty one, you're indicted for rape 216 00:13:15,320 --> 00:13:18,840 Speaker 1: of the daughter statutory burglary, capital, murder of the daughter 217 00:13:18,960 --> 00:13:22,719 Speaker 1: and murder of the mother. You're twenty one. Who was 218 00:13:22,760 --> 00:13:25,080 Speaker 1: your support person at that time? Who did you reach 219 00:13:25,160 --> 00:13:25,600 Speaker 1: out to? 220 00:13:26,920 --> 00:13:29,280 Speaker 3: Didn't have any except my mother. I reached out to 221 00:13:29,320 --> 00:13:34,200 Speaker 3: my mother, and my mother's response was let him kill you. 222 00:13:34,960 --> 00:13:40,120 Speaker 3: She was worried that I would run my mouth about 223 00:13:40,120 --> 00:13:44,920 Speaker 3: her business. She hadn't been under the radar at that time. 224 00:13:46,000 --> 00:13:50,440 Speaker 1: Your mother's first response is your dispensable. She wants to 225 00:13:50,480 --> 00:13:56,000 Speaker 1: protect herself and her business structure. So exactly your life 226 00:13:56,120 --> 00:14:00,840 Speaker 1: is insignificant as far as she's concerned. Exactly that is 227 00:14:00,880 --> 00:14:04,120 Speaker 1: a lot. Okay, So now we get to that shamble 228 00:14:04,360 --> 00:14:08,679 Speaker 1: of a trial. How long did that trial last and 229 00:14:08,880 --> 00:14:10,080 Speaker 1: was there a jury involved? 230 00:14:10,240 --> 00:14:13,560 Speaker 3: There was no jury. It was a half day trial, 231 00:14:13,640 --> 00:14:19,080 Speaker 3: including the launch break. They appointed an attorney who decided 232 00:14:19,120 --> 00:14:22,480 Speaker 3: to plead me not guilty by reason of insanity, even 233 00:14:22,480 --> 00:14:27,240 Speaker 3: though all the experts said he's not insane. So a 234 00:14:27,360 --> 00:14:32,960 Speaker 3: trial the facts never occurred. There was no discovery when 235 00:14:32,960 --> 00:14:35,920 Speaker 3: you plead not guilty, there were reasons insanity. The only 236 00:14:35,960 --> 00:14:38,120 Speaker 3: thing that gets tried is whether or not you're insane. 237 00:14:40,000 --> 00:14:42,720 Speaker 3: And the psychiatrist come in and said, this man has 238 00:14:42,760 --> 00:14:46,120 Speaker 3: no memory of the crime. His memory shot. He actually 239 00:14:46,200 --> 00:14:48,160 Speaker 3: said that when they did the blood work at twenty 240 00:14:48,240 --> 00:14:50,280 Speaker 3: one years old, I had the liver of a seventy 241 00:14:50,320 --> 00:14:52,960 Speaker 3: eight year old man. I shouldn't have been alive. 242 00:14:54,320 --> 00:14:59,240 Speaker 1: Wow, I just so there's no one in that courtroom 243 00:14:59,240 --> 00:15:04,440 Speaker 1: supporting you. No, you must have felt so alone. 244 00:15:04,960 --> 00:15:08,080 Speaker 3: No, they had me drugged and fact to judge stopped 245 00:15:08,120 --> 00:15:13,680 Speaker 3: the trial at one point and instructed to sharef to 246 00:15:13,680 --> 00:15:16,240 Speaker 3: find out where I was getting the illegal drugs from. 247 00:15:16,920 --> 00:15:19,280 Speaker 3: I was literally drooling out the side of my mouth 248 00:15:19,320 --> 00:15:21,920 Speaker 3: and falling to sleep, and my attorney stood up and said, no, 249 00:15:22,400 --> 00:15:25,160 Speaker 3: he's under psychiatric care. They had him on high doses 250 00:15:25,200 --> 00:15:27,640 Speaker 3: of thors. 251 00:15:28,360 --> 00:15:32,600 Speaker 1: Oh gosh, which is just basically your body, mind, everything 252 00:15:32,680 --> 00:15:33,400 Speaker 1: is just frozen. 253 00:15:33,480 --> 00:15:37,800 Speaker 3: It's a horse tranquilizer, it's an animalizer. So I was 254 00:15:37,840 --> 00:15:41,040 Speaker 3: just sitting there and a drug and do stupor. 255 00:15:42,640 --> 00:15:46,480 Speaker 1: We're going to get into this, but very much, Reverend Joe, 256 00:15:46,720 --> 00:15:50,960 Speaker 1: after reading your book Too Close to the Flame, it's 257 00:15:51,160 --> 00:15:53,920 Speaker 1: very obvious that at that point Joe was already caught 258 00:15:54,000 --> 00:15:56,720 Speaker 1: up in the machinery of the legal system and on 259 00:15:56,840 --> 00:15:59,600 Speaker 1: his way to the belly of the killing machine beast 260 00:16:00,640 --> 00:16:04,720 Speaker 1: because you were in no shape really to probably even 261 00:16:04,760 --> 00:16:09,120 Speaker 1: absorb what had happened during the trial or your sentence. 262 00:16:09,240 --> 00:16:15,320 Speaker 1: But you're convicted and in nineteen seventy nine for thirty 263 00:16:15,400 --> 00:16:19,720 Speaker 1: years confinement for the rape of the daughter, life imprisonment 264 00:16:19,800 --> 00:16:23,280 Speaker 1: for the murder of the mother, and death for the 265 00:16:23,320 --> 00:16:27,360 Speaker 1: capital murder of the exactly, so you're sentenced to death. 266 00:16:27,560 --> 00:16:30,320 Speaker 3: I went straight from the core group now of you're 267 00:16:30,360 --> 00:16:32,800 Speaker 3: back to the jail. They took me straight the death house. 268 00:16:52,000 --> 00:16:58,760 Speaker 1: You had a date with execution five times over the years. 269 00:16:58,960 --> 00:17:02,240 Speaker 1: I mean, how do you what is that like psychologically 270 00:17:03,560 --> 00:17:07,880 Speaker 1: to feel like it's just there, could happen at any time. 271 00:17:08,040 --> 00:17:13,840 Speaker 3: Well, for several years, nothing registered in my head because 272 00:17:13,840 --> 00:17:16,359 Speaker 3: they kept me on thwarsen for most of the years 273 00:17:16,359 --> 00:17:19,119 Speaker 3: I was in prison, I was walking around like a sam. 274 00:17:20,400 --> 00:17:25,200 Speaker 1: While you were incarcerated, Joe, you at some point woke 275 00:17:25,320 --> 00:17:27,120 Speaker 1: up from your drug stupor. 276 00:17:27,720 --> 00:17:29,960 Speaker 3: It took a court order to get me off the drugs. 277 00:17:30,800 --> 00:17:34,280 Speaker 3: The prison was injecting me with the drugs whether I 278 00:17:34,320 --> 00:17:37,639 Speaker 3: wanted them or not. If I refused, and I often 279 00:17:37,680 --> 00:17:41,440 Speaker 3: did refuse, they would dress up and riote here, open 280 00:17:41,520 --> 00:17:45,040 Speaker 3: my cell door, come in, beat me down, chain to 281 00:17:45,119 --> 00:17:46,920 Speaker 3: the bed and hit me in the hill. 282 00:17:51,040 --> 00:17:55,200 Speaker 1: It's just the cruelty of it seems to be the point. 283 00:17:56,000 --> 00:18:02,639 Speaker 3: At one point I just said enough kill, I'm ready 284 00:18:02,680 --> 00:18:08,720 Speaker 3: to go. And that's when Joe Angle and Redanes got involved. 285 00:18:10,520 --> 00:18:14,919 Speaker 1: Enter Reverend Joe. Reverend Joe, can you just tell me 286 00:18:15,240 --> 00:18:18,760 Speaker 1: a little bit about the path that took you to 287 00:18:19,040 --> 00:18:23,960 Speaker 1: where your path ended up crossing with Joe? In other words, 288 00:18:24,280 --> 00:18:28,000 Speaker 1: how did you choose to make Death Row your congregation. 289 00:18:28,960 --> 00:18:30,320 Speaker 4: I sort of backed into it. 290 00:18:31,000 --> 00:18:35,800 Speaker 2: Native of North Carolina and went to Sanders Presbyterian College 291 00:18:35,840 --> 00:18:38,600 Speaker 2: and then said I want to do more studying. So 292 00:18:38,640 --> 00:18:41,879 Speaker 2: I went to Union Theological Seminary in New York and 293 00:18:41,920 --> 00:18:43,679 Speaker 2: there was a program there where you could live and 294 00:18:43,720 --> 00:18:48,920 Speaker 2: work in East Harlem, which really attracted me. So here 295 00:18:48,960 --> 00:18:51,880 Speaker 2: I am a white boy moving up from North Carolina 296 00:18:52,680 --> 00:18:56,520 Speaker 2: to East Harlem, which was a class ghetto when I 297 00:18:56,640 --> 00:19:00,119 Speaker 2: arrived in nineteen seventy. So you had forty five five 298 00:19:00,160 --> 00:19:03,639 Speaker 2: percent African American, forty five percent Puerto Rican, ten percent 299 00:19:03,680 --> 00:19:07,600 Speaker 2: everything else. And as part of that, you worked in 300 00:19:07,640 --> 00:19:10,359 Speaker 2: the community, You took your classes at Union Seminary, and 301 00:19:10,440 --> 00:19:13,560 Speaker 2: the idea was your theology would emerge from your interaction 302 00:19:13,680 --> 00:19:16,880 Speaker 2: with people in the community and also your theological studies, 303 00:19:17,080 --> 00:19:18,480 Speaker 2: and it certainly. 304 00:19:18,160 --> 00:19:18,720 Speaker 4: Did for me. 305 00:19:19,200 --> 00:19:22,240 Speaker 2: My senior year of seminary, I visited men at the 306 00:19:22,240 --> 00:19:25,280 Speaker 2: Bronx House of Detention because my neighbors were dealing with 307 00:19:25,400 --> 00:19:28,160 Speaker 2: cops and das all the time, and I'd never even 308 00:19:28,160 --> 00:19:31,280 Speaker 2: been in a jail or a prison, and Attica happened 309 00:19:31,280 --> 00:19:34,720 Speaker 2: that fall in seventy one, and watching that all my 310 00:19:34,840 --> 00:19:37,879 Speaker 2: fuzzy black and white TV. Because the prisoners gave press 311 00:19:37,920 --> 00:19:40,359 Speaker 2: conferences every day they were in control of the prison, 312 00:19:41,240 --> 00:19:43,560 Speaker 2: I thought, if ten percent of what these guys are 313 00:19:43,600 --> 00:19:46,800 Speaker 2: saying is true, I would be upset too. So all 314 00:19:46,840 --> 00:19:49,760 Speaker 2: that motivated me to go visit prisoners at the Bronx 315 00:19:49,760 --> 00:19:53,520 Speaker 2: House of Detention, and that's where I had my revelation 316 00:19:53,720 --> 00:19:58,240 Speaker 2: about what the machinery we have created in this country 317 00:19:58,320 --> 00:20:02,920 Speaker 2: we call criminal justice system, which it is not. It's 318 00:20:02,960 --> 00:20:06,080 Speaker 2: a criminal legal system. There's no justice in it. Justice 319 00:20:06,160 --> 00:20:10,160 Speaker 2: is almost totally absent. It's criminal, it's legal, and it's 320 00:20:10,200 --> 00:20:13,560 Speaker 2: a system. And these guys were all, as I learned, 321 00:20:14,240 --> 00:20:18,520 Speaker 2: awaiting trial, average length of time eighteen months. 322 00:20:19,080 --> 00:20:20,160 Speaker 4: No one's convicted. 323 00:20:20,920 --> 00:20:24,119 Speaker 2: They're just there because they're poor and they're charged with 324 00:20:24,160 --> 00:20:27,480 Speaker 2: the crime, and when I walked in there for the 325 00:20:27,520 --> 00:20:31,040 Speaker 2: first time, I was a nause seminary student. I got 326 00:20:31,080 --> 00:20:33,679 Speaker 2: up to the sixth floor and guard saw my little 327 00:20:33,720 --> 00:20:37,000 Speaker 2: badge that the chaplain had given me, and he opened 328 00:20:37,000 --> 00:20:40,879 Speaker 2: the door to this enormous cage there with human beings 329 00:20:40,880 --> 00:20:44,160 Speaker 2: in it. And he walks along and I follow him. 330 00:20:44,840 --> 00:20:48,000 Speaker 2: He says, lawyers and clergy visiting this room, and he 331 00:20:48,160 --> 00:20:49,160 Speaker 2: gestured to the left. 332 00:20:49,200 --> 00:20:49,400 Speaker 4: There. 333 00:20:50,080 --> 00:20:52,480 Speaker 2: I'm a naive seminary student, so I said, why don't 334 00:20:52,520 --> 00:20:53,040 Speaker 2: you let me in. 335 00:20:53,000 --> 00:20:53,840 Speaker 4: Here with these guys. 336 00:20:55,080 --> 00:20:59,040 Speaker 2: That guard looked at me and shrugged, opened the door, 337 00:20:59,560 --> 00:21:03,440 Speaker 2: asked up to cross a threshold. Now, as i'd casually 338 00:21:03,480 --> 00:21:07,600 Speaker 2: glanced into the cell block, I'd assumed everybody's in a cell, 339 00:21:07,640 --> 00:21:10,359 Speaker 2: they're locked, and I'll just visit through the cell doors 340 00:21:10,359 --> 00:21:13,800 Speaker 2: of each cell. But when I walked across the threshold, 341 00:21:14,040 --> 00:21:17,199 Speaker 2: I realized all these cell doors are open, and he 342 00:21:17,359 --> 00:21:21,439 Speaker 2: slams that door behind me. I'll never forget this. My 343 00:21:21,520 --> 00:21:23,560 Speaker 2: first thought was, oh my god, he's locked me in 344 00:21:23,600 --> 00:21:25,800 Speaker 2: here with these animals, because that's what we're taught to 345 00:21:25,880 --> 00:21:29,320 Speaker 2: think by virtue of someone being in a prison or 346 00:21:29,320 --> 00:21:32,240 Speaker 2: a jail, they're less than us. So Once you reach 347 00:21:32,359 --> 00:21:36,159 Speaker 2: that point in your understanding of who you are versus 348 00:21:36,200 --> 00:21:41,240 Speaker 2: everybody else, you realized how lost you are. Because those 349 00:21:41,280 --> 00:21:44,119 Speaker 2: guys taught me a lot that year. I didn't do 350 00:21:44,240 --> 00:21:46,000 Speaker 2: much for them. I showed up. I gave him my 351 00:21:46,080 --> 00:21:47,080 Speaker 2: twenty hours a week. 352 00:21:47,640 --> 00:21:48,280 Speaker 4: We talked. 353 00:21:48,800 --> 00:21:51,040 Speaker 2: If I could afford it, I'd buy stamps for him. 354 00:21:51,320 --> 00:21:54,240 Speaker 2: I had no contacts to lawyers, but boy did they 355 00:21:54,320 --> 00:21:57,639 Speaker 2: ever educate me. So when I came back south and 356 00:21:57,920 --> 00:22:00,960 Speaker 2: to Nashville, Tennessee, I was involved the fellow named Will 357 00:22:01,000 --> 00:22:04,679 Speaker 2: Campbell and Tony Dunbar, and we started something called Southern 358 00:22:04,720 --> 00:22:08,280 Speaker 2: Prison Ministry, then the Southern Coalitional Jails and Prisons in 359 00:22:08,359 --> 00:22:10,560 Speaker 2: the spring of six, nineteen seventy four. 360 00:22:11,840 --> 00:22:14,520 Speaker 1: I want to talk about that moment of walking through 361 00:22:15,359 --> 00:22:23,920 Speaker 1: that threshold figuratively as well, because reading your book, I 362 00:22:23,960 --> 00:22:29,879 Speaker 1: so clearly understand the power of compassion and empathy to 363 00:22:30,160 --> 00:22:37,119 Speaker 1: alter one's mindset. Because you stopped seeing the individuals behind 364 00:22:37,240 --> 00:22:42,240 Speaker 1: those bars as less than you saw them actually as human. 365 00:22:43,200 --> 00:22:46,960 Speaker 1: And that is a mind shift that negates the US 366 00:22:47,040 --> 00:22:48,240 Speaker 1: versus them mentality. 367 00:22:48,480 --> 00:22:51,000 Speaker 2: Well, it does completely. And what it's all about is 368 00:22:51,080 --> 00:22:55,800 Speaker 2: judgment and Jesus. In the Gospel of John the eighth chapter, 369 00:22:55,800 --> 00:22:58,040 Speaker 2: there is this great little story of this woman who's 370 00:22:58,080 --> 00:23:02,120 Speaker 2: guilty of adult at the time, which means she gets stoned. 371 00:23:02,160 --> 00:23:04,399 Speaker 2: Of course, a man would not get the death penalty 372 00:23:04,440 --> 00:23:07,200 Speaker 2: at that time, but she's guilty, she's going to get stoned. 373 00:23:07,280 --> 00:23:10,760 Speaker 2: These people brought her to Jesus and they basically want 374 00:23:10,800 --> 00:23:14,399 Speaker 2: her to say, oh yeah, do away with her. And 375 00:23:14,560 --> 00:23:17,720 Speaker 2: he looks at him and looks at her and says, 376 00:23:17,920 --> 00:23:20,359 Speaker 2: let he is without sin, throw the first stone. Well, 377 00:23:20,520 --> 00:23:24,320 Speaker 2: they realize they're not without sin, so they walked away, 378 00:23:24,320 --> 00:23:27,439 Speaker 2: and Jesus looks at her and says, woman, has no 379 00:23:27,480 --> 00:23:30,680 Speaker 2: one condemned you? And she says no, Rabbi, no one. 380 00:23:30,880 --> 00:23:33,120 Speaker 2: He says, neither do I condemn you? Go and sin 381 00:23:33,240 --> 00:23:36,480 Speaker 2: no more. Now a lot of folks think that is 382 00:23:36,520 --> 00:23:38,960 Speaker 2: against the death penalty, it is against the deathenally, but 383 00:23:39,000 --> 00:23:42,480 Speaker 2: it's a greater statement than that. It's a whole judgment issue. 384 00:23:43,000 --> 00:23:47,560 Speaker 2: Who are we to judge, like for Joe Garontano and 385 00:23:47,600 --> 00:23:51,720 Speaker 2: say this guy, well, he's not fit to live, We're 386 00:23:51,760 --> 00:23:52,480 Speaker 2: going to kill him. 387 00:23:52,640 --> 00:23:53,679 Speaker 4: Who are we to do that? 388 00:23:54,119 --> 00:23:58,199 Speaker 2: And once you realize that this whole system we have built, 389 00:23:58,880 --> 00:24:04,120 Speaker 2: this adversary system, the so called retributive justice model, where 390 00:24:04,200 --> 00:24:07,320 Speaker 2: you have a defense lawyer and a prosecutor and the 391 00:24:07,400 --> 00:24:09,760 Speaker 2: truth comes out of this. The truth hardly ever comes 392 00:24:09,800 --> 00:24:12,400 Speaker 2: out of this because it's a stag. 393 00:24:12,160 --> 00:24:16,800 Speaker 1: Deck and a lucrative one for the ones who have 394 00:24:16,880 --> 00:24:17,240 Speaker 1: the game. 395 00:24:17,320 --> 00:24:20,440 Speaker 2: Exactly, And Steve Bright says, who's a great anti death 396 00:24:20,480 --> 00:24:23,920 Speaker 2: only lawyer? It's not the people who commit. The worst 397 00:24:24,000 --> 00:24:27,160 Speaker 2: murderer go to death row, So people have the worst lawyers. 398 00:24:27,600 --> 00:24:30,680 Speaker 2: He's exactly right. And that's all based on poverty and race. 399 00:24:33,000 --> 00:24:36,480 Speaker 1: Now back to when your pads first cross. Tell me 400 00:24:36,600 --> 00:24:40,000 Speaker 1: how you two met and what your initial thoughts were 401 00:24:40,119 --> 00:24:42,199 Speaker 1: of one another. Joe, why don't you go first? 402 00:24:43,760 --> 00:24:48,359 Speaker 3: Well, initially, Joe got involved in Virginia because of another gentleman, 403 00:24:48,480 --> 00:24:53,320 Speaker 3: a volunteer to be executed named Frank, a former Newport 404 00:24:53,359 --> 00:24:56,760 Speaker 3: News police officer who volunteered to be executed. Frank and 405 00:24:56,760 --> 00:25:01,040 Speaker 3: I were very good friends, and after he was executed, 406 00:25:01,520 --> 00:25:06,200 Speaker 3: I was the next volunteer. And that's when Joe came 407 00:25:06,240 --> 00:25:08,320 Speaker 3: into the picture and sent redeems to. 408 00:25:08,320 --> 00:25:13,040 Speaker 1: Me, explain what you mean by volunteer, volunteer. 409 00:25:12,600 --> 00:25:16,560 Speaker 3: To be executed? Wave all appeals, set a date, let's 410 00:25:16,560 --> 00:25:16,920 Speaker 3: do this. 411 00:25:19,400 --> 00:25:23,320 Speaker 1: What led you were. You just so exhausted at that point. 412 00:25:23,320 --> 00:25:28,440 Speaker 3: Exhausted and they had just executed by best friend. Right, 413 00:25:28,680 --> 00:25:30,120 Speaker 3: just lack of bother you to me. 414 00:25:32,520 --> 00:25:35,760 Speaker 1: And that was something that was sorely lacking in your life. 415 00:25:38,680 --> 00:25:42,879 Speaker 3: Yeah, I was hard hitting guards keeping hear me. I 416 00:25:42,880 --> 00:25:46,920 Speaker 3: would attack him every day, getting beat down, getting shot 417 00:25:47,000 --> 00:25:51,040 Speaker 3: up with Thorsen, and Frank pulled me to decide, said 418 00:25:51,080 --> 00:25:53,160 Speaker 3: you can't win that way. He said you have to fight, 419 00:25:55,440 --> 00:25:56,359 Speaker 3: and then he gave up. 420 00:25:59,440 --> 00:25:59,600 Speaker 4: Well. 421 00:25:59,600 --> 00:26:02,440 Speaker 2: I spent that weekend with Frank prior to his execution, 422 00:26:02,960 --> 00:26:06,800 Speaker 2: and Joe at that point was in Mecklenburg, where death 423 00:26:06,840 --> 00:26:09,600 Speaker 2: row was. Frank had been moved up to the Virginia 424 00:26:09,640 --> 00:26:13,200 Speaker 2: State Penitentiary in Richmond, and so I'm visiting with him, 425 00:26:13,240 --> 00:26:18,000 Speaker 2: trying to hopefully get him to persuade him to change 426 00:26:18,040 --> 00:26:22,280 Speaker 2: his mind. If you can image a very intense situation. 427 00:26:23,200 --> 00:26:27,320 Speaker 2: His ex wife is there, o lovely woman, and she's 428 00:26:27,440 --> 00:26:29,200 Speaker 2: just torn up by this whole thing. 429 00:26:30,000 --> 00:26:31,280 Speaker 4: He has two children. 430 00:26:31,880 --> 00:26:34,359 Speaker 2: Of course, when you're on death row, you get a notoriety. 431 00:26:34,400 --> 00:26:36,760 Speaker 2: It's in the newspapers. People read about it and talk 432 00:26:36,760 --> 00:26:39,560 Speaker 2: about it. And part of the thing that had driven 433 00:26:39,640 --> 00:26:43,680 Speaker 2: Frank to this extreme was in one of the kids' classes. 434 00:26:44,440 --> 00:26:47,480 Speaker 2: One of the classmates had made a little paper electric 435 00:26:47,600 --> 00:26:52,720 Speaker 2: chair and put it on his son's chair, and when 436 00:26:52,760 --> 00:26:55,560 Speaker 2: Frank found out about that, he realized the cruelty his 437 00:26:55,640 --> 00:26:59,199 Speaker 2: family was being submitted to. I think that was one 438 00:26:59,240 --> 00:27:01,959 Speaker 2: of the key reasons. I just can't keep going like this. 439 00:27:02,200 --> 00:27:04,760 Speaker 2: I can't keep having my family having to deal with 440 00:27:04,800 --> 00:27:09,040 Speaker 2: what I'm facing. So ultimately I was not able to 441 00:27:09,080 --> 00:27:13,240 Speaker 2: persuade him. It was a horrifically painful time, and he 442 00:27:13,320 --> 00:27:14,080 Speaker 2: was executed. 443 00:27:15,119 --> 00:27:17,359 Speaker 4: And then there was Joe. 444 00:27:17,520 --> 00:27:20,239 Speaker 1: Do you remember the first time you met Joe and 445 00:27:20,280 --> 00:27:21,359 Speaker 1: what your thoughts were. 446 00:27:22,320 --> 00:27:27,240 Speaker 2: So I went to Mecklenburg, which was a hell hole, violent, 447 00:27:27,800 --> 00:27:31,399 Speaker 2: all sorts of stuff going on there. Look fine on 448 00:27:31,440 --> 00:27:35,200 Speaker 2: the outside, you know, it's pretty, got flowers and everything, 449 00:27:35,240 --> 00:27:38,720 Speaker 2: but inside it's the abyss. 450 00:27:39,119 --> 00:27:40,399 Speaker 4: So that's where death Row is. 451 00:27:40,600 --> 00:27:43,160 Speaker 2: When I meet people in prison for the first time, 452 00:27:43,240 --> 00:27:45,440 Speaker 2: I try to be just totally open. So that was 453 00:27:45,480 --> 00:27:51,520 Speaker 2: my approach with Joe. And although clearly he had some issues, 454 00:27:52,400 --> 00:27:55,679 Speaker 2: he was also a very bright guy. I really felt like, 455 00:27:56,400 --> 00:27:59,280 Speaker 2: here's a guy who could help us. We got a 456 00:27:59,320 --> 00:28:02,560 Speaker 2: ways to go before we get there, that this guy 457 00:28:02,720 --> 00:28:07,720 Speaker 2: can actually really help us, and after Frank's execution, I 458 00:28:07,800 --> 00:28:11,560 Speaker 2: looked around the state of Virginia. Then you've got virtually 459 00:28:11,680 --> 00:28:15,760 Speaker 2: no organized opposition in the entire state of the death penalty. 460 00:28:16,640 --> 00:28:20,080 Speaker 2: There are no lawyers involved, and I'm just shaking my head. 461 00:28:20,119 --> 00:28:23,320 Speaker 2: So I directed the Southern Coalitional Jails and Prisons. We're 462 00:28:23,359 --> 00:28:26,880 Speaker 2: fighting mass incarceration in the death penalty, so I said, 463 00:28:26,920 --> 00:28:29,520 Speaker 2: I think we need to expand in Virginia. It's a 464 00:28:29,520 --> 00:28:31,920 Speaker 2: woman named Marie Deans who wants to do this. Let's 465 00:28:32,000 --> 00:28:35,760 Speaker 2: hire and set up the Virginia Coalitional Jails and Prisons 466 00:28:35,800 --> 00:28:39,560 Speaker 2: and hire Marie Deans to do that work. The decider 467 00:28:39,840 --> 00:28:45,040 Speaker 2: was the total absence of help for guys like Joe Jarontana, 468 00:28:45,240 --> 00:28:49,720 Speaker 2: I mean, zero help. So that's what Marie walked into 469 00:28:49,920 --> 00:28:52,680 Speaker 2: and began her amazing work to help all these guys 470 00:28:53,120 --> 00:28:53,440 Speaker 2: for you. 471 00:28:53,560 --> 00:28:56,680 Speaker 1: At this point, Joe, at the point that your pads crossed, 472 00:28:57,080 --> 00:28:58,520 Speaker 1: you had already given up. 473 00:29:00,120 --> 00:29:03,000 Speaker 3: Well, Joe was a nice guy, but he couldn't convince 474 00:29:03,040 --> 00:29:05,360 Speaker 3: me to pick up my peels. I was determined, but 475 00:29:05,480 --> 00:29:08,400 Speaker 3: he had a secret weapon. He set readings and I 476 00:29:08,440 --> 00:29:10,680 Speaker 3: was in the death house. They had moved me to 477 00:29:10,720 --> 00:29:13,720 Speaker 3: the Open's ind and State penitentiary on Spring Street, an 478 00:29:13,720 --> 00:29:16,120 Speaker 3: old Civil War prier was a little green from MI 479 00:29:16,240 --> 00:29:20,360 Speaker 3: the top table and two chairs. Immediately to the right 480 00:29:20,440 --> 00:29:25,280 Speaker 3: of that there was a big, huge oak door and 481 00:29:25,360 --> 00:29:28,520 Speaker 3: behind that door was the chair. They had the entry 482 00:29:28,520 --> 00:29:30,800 Speaker 3: on the other side. They'd walked the prisoner in strap 483 00:29:30,880 --> 00:29:34,120 Speaker 3: and then execute them and then bring them out that 484 00:29:34,200 --> 00:29:37,080 Speaker 3: door and set them on that table to cool off 485 00:29:37,120 --> 00:29:40,640 Speaker 3: table and basically put sandbags on them to stretch them out. 486 00:29:40,760 --> 00:29:44,880 Speaker 3: And that's where we and Marine met, but that's where 487 00:29:44,880 --> 00:29:49,480 Speaker 3: we ate lunch. My first meeting with Marie was intense. 488 00:29:49,720 --> 00:29:54,480 Speaker 3: I remember a woman came through some administrator in the 489 00:29:54,520 --> 00:29:57,760 Speaker 3: prison and pardon me, we was saying this. She had 490 00:29:57,760 --> 00:30:01,840 Speaker 3: a big butt and I commented on that, and Marie 491 00:30:01,920 --> 00:30:04,520 Speaker 3: doubts me the hot cup of coffee. I looked at 492 00:30:04,560 --> 00:30:06,520 Speaker 3: her and I said, woman, are you crazy? Don't you 493 00:30:06,560 --> 00:30:09,920 Speaker 3: know them on death row I could kill you? And 494 00:30:09,960 --> 00:30:12,040 Speaker 3: she just last she said, you're not gonna hurt anybody. 495 00:30:12,600 --> 00:30:15,240 Speaker 3: We talked and she convinced me to pick up my pills. 496 00:30:16,120 --> 00:30:18,880 Speaker 3: She found her in attorney to represent me Lloyd Snook 497 00:30:21,240 --> 00:30:22,400 Speaker 3: fresh out of law school. 498 00:30:23,360 --> 00:30:26,440 Speaker 1: Now you're in the process getting off of drugs and 499 00:30:26,480 --> 00:30:29,520 Speaker 1: you're also opening up law books on your own. 500 00:30:29,720 --> 00:30:32,440 Speaker 3: My mother introduced me to drugs. Marie got me off 501 00:30:32,480 --> 00:30:35,720 Speaker 3: the drugs and introduced me to books, and I began reading, 502 00:30:36,280 --> 00:30:41,040 Speaker 3: and I started picking up law books, and Virginia was 503 00:30:41,080 --> 00:30:45,600 Speaker 3: getting ready to execute another man mentally challenged black gentleman 504 00:30:45,720 --> 00:30:48,920 Speaker 3: named Earl Washington. Marie said, you know, we have no 505 00:30:49,000 --> 00:30:53,160 Speaker 3: attorneys to represent these guys. They're setting execution dates. You 506 00:30:53,280 --> 00:30:55,360 Speaker 3: need to figure out how to get them stays. You 507 00:30:55,400 --> 00:30:58,560 Speaker 3: need to learn to teach yourself how to help these guys. 508 00:30:59,080 --> 00:31:02,440 Speaker 3: And that's what I I was finally states of execution, 509 00:31:02,800 --> 00:31:06,560 Speaker 3: not just in Earl's case, but several of the other guys. 510 00:31:06,560 --> 00:31:07,080 Speaker 3: I'm brown. 511 00:31:08,400 --> 00:31:11,560 Speaker 1: What was that awakening like for you? At what point 512 00:31:11,680 --> 00:31:15,400 Speaker 1: did you start seeing beyond your own day to day 513 00:31:15,720 --> 00:31:17,960 Speaker 1: to the point where you wanted to help others? 514 00:31:18,320 --> 00:31:22,800 Speaker 3: Aside from Marie, there was one very memorable incident while 515 00:31:22,840 --> 00:31:25,240 Speaker 3: I was in the death house. The head of the 516 00:31:25,320 --> 00:31:29,160 Speaker 3: execution squad, Captain Parker, Anthony Parker, he asked that you 517 00:31:29,160 --> 00:31:32,080 Speaker 3: could pray with I said, sure, go ahead, and I 518 00:31:32,160 --> 00:31:35,400 Speaker 3: looked into his eyes and what I saw was my 519 00:31:35,480 --> 00:31:42,920 Speaker 3: own reflection, and I realized at that point that Marie 520 00:31:43,080 --> 00:31:49,400 Speaker 3: was right, this was wrong, and I began working to 521 00:31:49,440 --> 00:31:50,680 Speaker 3: stop Earl's execution. 522 00:31:55,160 --> 00:31:58,160 Speaker 1: You're listening to Wrongful Conviction with Lauren Bright Pitch Ecko. 523 00:31:58,560 --> 00:32:00,560 Speaker 1: You can listen to this and all all the Lava 524 00:32:00,600 --> 00:32:04,160 Speaker 1: for Good podcasts one week early and ad free by 525 00:32:04,160 --> 00:32:18,400 Speaker 1: subscribing to Lava for Good Plus on Apple Podcasts. In 526 00:32:18,480 --> 00:32:21,800 Speaker 1: terms of law in general, you got to the point 527 00:32:21,800 --> 00:32:27,360 Speaker 1: where you were noted as a legal scholar, to the 528 00:32:27,400 --> 00:32:31,240 Speaker 1: point that you were actually published in the Yale Law Journal. 529 00:32:31,400 --> 00:32:35,440 Speaker 3: Yes, I was invited to write an article for your help. 530 00:32:36,120 --> 00:32:41,080 Speaker 3: It was their centennial edition, a special edition. But I 531 00:32:41,240 --> 00:32:44,000 Speaker 3: was convinced that Earl, and by this time we had 532 00:32:44,080 --> 00:32:48,160 Speaker 3: DNA and Earl's case was another interesting case. It was 533 00:32:48,200 --> 00:32:51,760 Speaker 3: a police raper confession. They actually took him to the 534 00:32:51,800 --> 00:32:55,040 Speaker 3: crime scene and pointed everything out to him, and Earl 535 00:32:55,200 --> 00:33:01,040 Speaker 3: just said okay and landed on death roAP, falseley confession 536 00:33:01,120 --> 00:33:01,480 Speaker 3: to crime. 537 00:33:01,720 --> 00:33:06,840 Speaker 4: And remember Earle is mentally challenged, yes, and. 538 00:33:06,800 --> 00:33:10,880 Speaker 1: Had mental illness on top of addiction as well. Ultimately, 539 00:33:11,200 --> 00:33:15,120 Speaker 1: Washington would be exonerated a year after another man confessed 540 00:33:15,160 --> 00:33:18,240 Speaker 1: to having committed the murder, but not before he served 541 00:33:18,400 --> 00:33:23,120 Speaker 1: seventeen years and came within nine days of being executed 542 00:33:23,520 --> 00:33:26,240 Speaker 1: and arguing with both of your help his case all 543 00:33:26,280 --> 00:33:29,240 Speaker 1: the way up to the Supreme Court. Now back to 544 00:33:29,320 --> 00:33:33,800 Speaker 1: Joe's legal situation. When you two first met, I was. 545 00:33:33,800 --> 00:33:37,360 Speaker 2: Really disturbed at the mess of his case. I mean, 546 00:33:37,440 --> 00:33:42,120 Speaker 2: his case was just one of the worst I'd ever seen, 547 00:33:42,520 --> 00:33:49,440 Speaker 2: and so far off any map of proper judiciary conduct 548 00:33:49,760 --> 00:33:52,920 Speaker 2: that it was abominable. So I felt like he could 549 00:33:52,960 --> 00:33:57,640 Speaker 2: help us and we could help him. 550 00:33:58,240 --> 00:34:01,480 Speaker 1: Joe, what for you was the moment where you had 551 00:34:01,600 --> 00:34:07,280 Speaker 1: the aha shift that you actually were innocent. 552 00:34:08,200 --> 00:34:12,080 Speaker 3: Well, we got the labor word from the forensic expert 553 00:34:12,120 --> 00:34:15,000 Speaker 3: who tested the boots, and she gave us an affidavit 554 00:34:15,080 --> 00:34:18,360 Speaker 3: and said the blood on the boot is not Jose. 555 00:34:19,239 --> 00:34:22,640 Speaker 3: She said, if his boots had stepped in the blood, 556 00:34:23,440 --> 00:34:26,439 Speaker 3: it couldn't have been washed off. She said, there would 557 00:34:26,480 --> 00:34:29,759 Speaker 3: have been evidence of it. There's nothing there. That was 558 00:34:30,120 --> 00:34:32,520 Speaker 3: the point for me that I said, Okay, I didn't 559 00:34:32,520 --> 00:34:34,480 Speaker 3: do this. It was the blood that convinced me that 560 00:34:34,600 --> 00:34:37,680 Speaker 3: I did it, And now I know it's not their blood. 561 00:34:39,080 --> 00:34:41,800 Speaker 3: And this was like the nineteen eighty five she was 562 00:34:42,160 --> 00:34:44,960 Speaker 3: willing to testify in court. And this is where as 563 00:34:45,040 --> 00:34:48,319 Speaker 3: Joe said, my case was a mess because of my 564 00:34:48,440 --> 00:34:51,719 Speaker 3: quarter pointed tourney. He handled my direct appeal, but he 565 00:34:51,800 --> 00:34:55,040 Speaker 3: didn't raise anything. And in Virginia at the time, if 566 00:34:55,040 --> 00:34:58,360 Speaker 3: you didn't raise all your issues in your direct appeal, 567 00:34:59,000 --> 00:35:03,560 Speaker 3: they were waiting raise them Habeus corpus. So my appeals 568 00:35:03,560 --> 00:35:05,719 Speaker 3: were never hurt. Not my state, Havi, it's not my 569 00:35:05,760 --> 00:35:08,839 Speaker 3: federal haters. They were never heard. The issues weren't hurt. 570 00:35:09,520 --> 00:35:13,360 Speaker 3: So the facts of my case and the constitutional violations 571 00:35:13,360 --> 00:35:15,240 Speaker 3: of my case were never considered. 572 00:35:15,880 --> 00:35:17,800 Speaker 1: And then you open up that file and you realize 573 00:35:17,800 --> 00:35:21,200 Speaker 1: that there's discrepancy as to whether or not the person 574 00:35:21,239 --> 00:35:23,000 Speaker 1: who committed the murdered would have been right handed or 575 00:35:23,080 --> 00:35:26,360 Speaker 1: left handed, and it's at odds with the reality. 576 00:35:26,560 --> 00:35:29,440 Speaker 3: I'm left handed. I've got a neurological deficit on my 577 00:35:29,560 --> 00:35:34,760 Speaker 3: right side from being beaten ahead so much as a kid. Yeah, 578 00:35:35,000 --> 00:35:37,160 Speaker 3: if I used this hand, my right hand, and I 579 00:35:37,280 --> 00:35:39,720 Speaker 3: dragged my right foot, so if I had a stepped 580 00:35:39,719 --> 00:35:43,640 Speaker 3: in anything, it would have been smeared all over. And 581 00:35:43,680 --> 00:35:47,040 Speaker 3: then we found out that none of the physical evidence 582 00:35:47,040 --> 00:35:51,280 Speaker 3: actually matched me, So we tried raising that, but Virginia 583 00:35:51,320 --> 00:35:54,520 Speaker 3: had what's called twenty one day would any new evidence 584 00:35:54,520 --> 00:35:56,920 Speaker 3: in the case had to be raised within twenty one 585 00:35:57,040 --> 00:36:01,319 Speaker 3: days of the final conviction. If you raise it on 586 00:36:01,360 --> 00:36:03,560 Speaker 3: the twenty second day, it's forever bought. 587 00:36:05,160 --> 00:36:07,720 Speaker 1: So it doesn't matter if you're innocent, doesn't matter. 588 00:36:07,840 --> 00:36:11,520 Speaker 3: In fact, this is the exact quote from the state 589 00:36:11,560 --> 00:36:16,320 Speaker 3: Attorney General at that time, MARYS. Terry. Evidence of innocence 590 00:36:16,400 --> 00:36:22,360 Speaker 3: is they're relative under Virginia procedural law, and every court 591 00:36:22,480 --> 00:36:25,640 Speaker 3: from that point on adhere to that. They said they 592 00:36:25,680 --> 00:36:29,239 Speaker 3: could not intervene. Luckily we got that rule loose and 593 00:36:29,360 --> 00:36:32,160 Speaker 3: later with Earl's case, took some years, but we got 594 00:36:32,160 --> 00:36:37,000 Speaker 3: it done. But and then DNA comes about, so we 595 00:36:37,080 --> 00:36:40,759 Speaker 3: check with the lab. We Marie digs to the records. 596 00:36:41,000 --> 00:36:44,040 Speaker 3: She realized that the lab retained some of the evidence. 597 00:36:45,200 --> 00:36:47,839 Speaker 3: So we go back to court to Norfolk. We put 598 00:36:47,920 --> 00:36:50,759 Speaker 3: the medical examiner on the stand. He said, yes, we 599 00:36:50,920 --> 00:36:54,200 Speaker 3: retain the evidence, but we can't find it. So the 600 00:36:54,239 --> 00:36:56,440 Speaker 3: lawyer asked, have you lost it? He said, no, we 601 00:36:56,480 --> 00:36:58,359 Speaker 3: haven't lost it, we just don't know where it's at. 602 00:36:59,080 --> 00:37:02,680 Speaker 3: And the judge said, well, I'm going to have to 603 00:37:02,719 --> 00:37:05,560 Speaker 3: dismiss this case without prejudice, and if y'all ever find 604 00:37:06,560 --> 00:37:09,960 Speaker 3: the evidence, you can come back to this day. It's 605 00:37:10,040 --> 00:37:10,760 Speaker 3: never been found. 606 00:37:12,160 --> 00:37:16,760 Speaker 1: Yeah, which seems very convenient. Again, it's the murders happened 607 00:37:16,760 --> 00:37:19,720 Speaker 1: in seventy nine, and it's a full decade before DNA 608 00:37:20,560 --> 00:37:24,319 Speaker 1: is of true use in terms of how it can 609 00:37:24,400 --> 00:37:29,080 Speaker 1: be used in these sort of cases. And they conveniently 610 00:37:29,760 --> 00:37:30,840 Speaker 1: lose everything. 611 00:37:30,920 --> 00:37:33,200 Speaker 3: They lose by they said they haven't lost, They just 612 00:37:33,200 --> 00:37:34,279 Speaker 3: said they can't find it. 613 00:37:34,840 --> 00:37:38,520 Speaker 1: They still haven't. Just breeks of corruption. 614 00:37:40,040 --> 00:37:43,839 Speaker 2: We need to think about Joe's situation because it's not 615 00:37:44,360 --> 00:37:48,160 Speaker 2: a one off. I mean, this happens again and again 616 00:37:48,200 --> 00:37:51,720 Speaker 2: and again. I've seen it personally. It all makes sense 617 00:37:51,760 --> 00:37:54,360 Speaker 2: if you look at the system as a killing machine. 618 00:37:54,640 --> 00:37:57,600 Speaker 2: That's what it's about. It's not about helping Joe, Jorantano, 619 00:37:57,719 --> 00:38:00,680 Speaker 2: it's not about grain in clemency in some cases, it's 620 00:38:00,680 --> 00:38:03,680 Speaker 2: not about any of that. It's all about killing people. 621 00:38:04,520 --> 00:38:08,160 Speaker 2: And so that's the context for this work and you 622 00:38:08,239 --> 00:38:11,719 Speaker 2: have to understand that. And once you see that, it 623 00:38:11,840 --> 00:38:16,320 Speaker 2: all kind of makes a sickening sense. And so that's 624 00:38:16,400 --> 00:38:18,279 Speaker 2: the way Joe and I got to know each other. 625 00:38:18,360 --> 00:38:21,520 Speaker 2: We're in a context of me visiting him at Mecklenburg, 626 00:38:22,719 --> 00:38:27,840 Speaker 2: of a relationship growing. Then he gets in all his 627 00:38:28,200 --> 00:38:31,719 Speaker 2: escapades with the Virginia Department of Corrections who fly him 628 00:38:31,719 --> 00:38:34,680 Speaker 2: all over the freaking country because they don't know what 629 00:38:34,719 --> 00:38:39,279 Speaker 2: to do with him. His his nonviolent witness and his 630 00:38:40,040 --> 00:38:43,560 Speaker 2: legal effectiveness has freaked him out. So they're putting them 631 00:38:43,600 --> 00:38:45,800 Speaker 2: on airplanes in the middle of the night and flying 632 00:38:45,840 --> 00:38:46,760 Speaker 2: him into Utah. 633 00:38:47,520 --> 00:38:49,520 Speaker 4: Not just an. 634 00:38:49,440 --> 00:38:52,240 Speaker 3: Airplane, the Governor's personal of jet. 635 00:38:52,960 --> 00:38:55,680 Speaker 2: So I mean it's like it's macab This whole thing 636 00:38:55,760 --> 00:38:56,400 Speaker 2: is crazy. 637 00:38:56,520 --> 00:38:58,319 Speaker 4: So through all of this. 638 00:38:58,600 --> 00:39:01,360 Speaker 1: They're hoping, hoping you can get killed in the process 639 00:39:01,440 --> 00:39:02,160 Speaker 1: or just die. 640 00:39:02,560 --> 00:39:02,880 Speaker 3: Yeah. 641 00:39:02,920 --> 00:39:06,560 Speaker 2: Absolutely, Yeah, that's the whole point. It's killing machine. 642 00:39:07,080 --> 00:39:09,600 Speaker 1: I kept thinking of the twenty third Psalm. Both of 643 00:39:09,680 --> 00:39:13,760 Speaker 1: you really met in the Valley of the Shadow of Death. 644 00:39:14,000 --> 00:39:18,800 Speaker 3: We were trenches, that's what we call We were in 645 00:39:18,880 --> 00:39:24,000 Speaker 3: the trenches. Yeah, and there I was. I'm going up 646 00:39:24,040 --> 00:39:29,120 Speaker 3: against attorney general's system, attorney generals, judges, I'm going up 647 00:39:29,120 --> 00:39:36,239 Speaker 3: against skilled the terms, and frankly, I was kicking the 648 00:39:36,360 --> 00:39:39,040 Speaker 3: asses and every turn. 649 00:39:39,920 --> 00:39:42,239 Speaker 1: Well, I mean, how what would that must have been 650 00:39:42,320 --> 00:39:45,040 Speaker 1: like on the other end of it for you, Reverend Joe, 651 00:39:45,239 --> 00:39:50,520 Speaker 1: You know, fighting for someone's life really and at the 652 00:39:50,560 --> 00:39:55,280 Speaker 1: same time realizing that their life is in constant flux 653 00:39:55,320 --> 00:39:57,800 Speaker 1: and jeopardy aside from the chair. 654 00:39:58,560 --> 00:40:01,239 Speaker 2: Well, it's a battle. I think when you think of 655 00:40:02,000 --> 00:40:04,919 Speaker 2: our fight against the death penalting those terms, that makes sense. 656 00:40:05,000 --> 00:40:07,640 Speaker 2: Joe says, we're in the trenches. We're literally in the trenches. 657 00:40:08,320 --> 00:40:11,000 Speaker 2: We're being shot at. They're trying to kill us, they're 658 00:40:11,040 --> 00:40:13,640 Speaker 2: trying to kill him, They're trying to do whatever they 659 00:40:13,680 --> 00:40:16,960 Speaker 2: can to deter me. You get death threats, you get 660 00:40:17,000 --> 00:40:20,359 Speaker 2: all this stuff. That's just part of it. And I 661 00:40:20,360 --> 00:40:25,320 Speaker 2: think the reality is the ancient Greeks they had people 662 00:40:25,360 --> 00:40:28,880 Speaker 2: who would come from the battle and report back the 663 00:40:28,960 --> 00:40:33,359 Speaker 2: results of the battle. They were called battle singers. That's 664 00:40:33,360 --> 00:40:36,719 Speaker 2: what Joe and I are now. We are battle singers. 665 00:40:36,880 --> 00:40:39,920 Speaker 2: We have been in the war and we are now 666 00:40:40,040 --> 00:40:43,719 Speaker 2: singing about what is actually happening. And that's what I 667 00:40:43,800 --> 00:40:46,600 Speaker 2: try to do in the book to let people know 668 00:40:46,960 --> 00:40:50,719 Speaker 2: what is actually happening in the criminal legal system that 669 00:40:50,760 --> 00:40:56,320 Speaker 2: we call the killing machine. And that's what's so important 670 00:40:56,360 --> 00:41:00,720 Speaker 2: for people to understand that, by the great of God 671 00:41:00,920 --> 00:41:03,960 Speaker 2: and a lot of effort, Joe Garontino is talking with 672 00:41:04,040 --> 00:41:08,880 Speaker 2: us today. If you had asked me in nineteen eighty 673 00:41:08,960 --> 00:41:12,160 Speaker 2: two what I thought the chances of that it were, 674 00:41:12,280 --> 00:41:16,120 Speaker 2: I would have said slim and none, not only for today, 675 00:41:16,200 --> 00:41:20,200 Speaker 2: but maybe the next year, because that's how bad it was. 676 00:41:21,680 --> 00:41:24,680 Speaker 1: Can you tell me the story of at one point 677 00:41:24,719 --> 00:41:31,000 Speaker 1: you gifted Joe with a replica of cross that you carry. 678 00:41:31,360 --> 00:41:34,480 Speaker 2: Yes, it's the symbol of the Committee of Southern Churchmen, 679 00:41:34,520 --> 00:41:37,360 Speaker 2: and it's the symbol of the world with an equal 680 00:41:37,400 --> 00:41:40,560 Speaker 2: marks in it. And then the cross is on top 681 00:41:40,640 --> 00:41:43,520 Speaker 2: of that, and it means we're all equal in the 682 00:41:43,560 --> 00:41:44,640 Speaker 2: world under the cross. 683 00:41:44,719 --> 00:41:45,920 Speaker 4: It's as simple as that. 684 00:41:46,040 --> 00:41:50,440 Speaker 2: And we all are and that's what we need to 685 00:41:50,480 --> 00:41:54,400 Speaker 2: act on the basis of. And it goes back to 686 00:41:54,480 --> 00:41:56,640 Speaker 2: my first trip to the Bronx of Detention when I 687 00:41:56,680 --> 00:41:59,919 Speaker 2: realized I'm all equal to these guys. You know, we're 688 00:42:01,320 --> 00:42:05,560 Speaker 2: I come into prison to meet people, to get to 689 00:42:05,560 --> 00:42:09,319 Speaker 2: know Jesus. That's who we're talking about here. That's what 690 00:42:09,360 --> 00:42:10,200 Speaker 2: it's all about. 691 00:42:10,920 --> 00:42:12,680 Speaker 3: The last time I was in the death House, I 692 00:42:12,760 --> 00:42:13,920 Speaker 3: was wearing that cross. 693 00:42:14,600 --> 00:42:19,120 Speaker 1: Now I read that you then eventually were robbed and 694 00:42:19,200 --> 00:42:20,319 Speaker 1: someone took it from you. 695 00:42:20,640 --> 00:42:26,000 Speaker 3: Yes, that was after I got off death row. I was. 696 00:42:26,200 --> 00:42:28,600 Speaker 3: I left the death House. It brought me straight to 697 00:42:29,960 --> 00:42:35,000 Speaker 3: Power Tech Wrexable Center h exactly what we call it 698 00:42:35,040 --> 00:42:39,880 Speaker 3: the slaughter house. People died there every day. I was 699 00:42:39,920 --> 00:42:42,759 Speaker 3: there two days, two guys came to my shell with 700 00:42:42,880 --> 00:42:48,839 Speaker 3: nines and threatened to kill me. Took the cross, I 701 00:42:48,880 --> 00:42:50,560 Speaker 3: took a few canteen tickets I had. 702 00:42:52,239 --> 00:42:56,080 Speaker 1: It seems to be a strange coincidence too, that. 703 00:42:57,800 --> 00:43:01,360 Speaker 3: Yeah, because some of the guards that worked that unit 704 00:43:01,520 --> 00:43:04,759 Speaker 3: were alled the Desk Walk. The Desk Walk with volunteers. 705 00:43:06,120 --> 00:43:08,920 Speaker 1: Now, I just want to clarify because you're talking about 706 00:43:09,040 --> 00:43:12,400 Speaker 1: the fact that in nineteen ninety one, the then Governor 707 00:43:12,840 --> 00:43:19,040 Speaker 1: Douglas Wilder commuted your sentence to life with a part 708 00:43:19,040 --> 00:43:22,040 Speaker 1: in sentencing you to life imprisonment with a recommendation for 709 00:43:22,120 --> 00:43:26,200 Speaker 1: a new trial and the possibility of parole after twenty. 710 00:43:26,040 --> 00:43:29,680 Speaker 3: Five years, which was unhurt and given the. 711 00:43:29,600 --> 00:43:32,040 Speaker 1: Time that you'd already served, it would have been parole 712 00:43:32,280 --> 00:43:35,800 Speaker 1: in thirteen years. And that didn't sit well with. 713 00:43:35,680 --> 00:43:38,200 Speaker 3: A lot of people. For some people didn't sit well 714 00:43:38,239 --> 00:43:42,719 Speaker 3: with me. When Marie walked into death House, she had 715 00:43:43,480 --> 00:43:45,880 Speaker 3: the draft of his order. She showed it to me. 716 00:43:46,040 --> 00:43:48,799 Speaker 3: She said, you want I said, let me see the 717 00:43:48,920 --> 00:43:51,560 Speaker 3: order and I read it and I said I'm not 718 00:43:51,640 --> 00:43:55,240 Speaker 3: accepting it. I said, the new trial will never happen 719 00:43:56,440 --> 00:44:03,040 Speaker 3: and it didn't. That's Marris you Terry's famous quote. And 720 00:44:03,080 --> 00:44:08,719 Speaker 3: I said, they'll never parole, and marieka something she had 721 00:44:08,760 --> 00:44:12,880 Speaker 3: never done. She'd never asked me for anything. She said, Joe, 722 00:44:13,200 --> 00:44:17,839 Speaker 3: you have to do it for me. I accepted. Mary 723 00:44:18,120 --> 00:44:20,800 Speaker 3: Terry came out with her evidence of entis Is it 724 00:44:20,840 --> 00:44:25,160 Speaker 3: irrelevant everything I said what happened would happen. I'll get 725 00:44:25,200 --> 00:44:27,719 Speaker 3: into the parole thing later, because that's a whole other 726 00:44:27,840 --> 00:44:28,720 Speaker 3: interesting story. 727 00:44:29,800 --> 00:44:32,280 Speaker 1: Yeah, because I was going to say that that. Okay, 728 00:44:32,360 --> 00:44:34,920 Speaker 1: so you find out that you're not going to be 729 00:44:34,920 --> 00:44:37,160 Speaker 1: put to death, but you still have life in prison, 730 00:44:38,040 --> 00:44:41,240 Speaker 1: and you're sent to a place that in some ways 731 00:44:41,320 --> 00:44:42,320 Speaker 1: is just as deadly. 732 00:44:42,600 --> 00:44:43,920 Speaker 3: I was sent there to be killed. 733 00:44:45,480 --> 00:44:49,759 Speaker 1: And so immediately you're robbed. You were stabbed at one point. 734 00:44:50,160 --> 00:44:51,760 Speaker 3: I was stabbed the next prison. 735 00:44:53,440 --> 00:44:56,600 Speaker 1: So you're robbed, you're stabbed, and then at one point 736 00:44:56,640 --> 00:45:02,279 Speaker 1: you actually lose a leg because of the lack of 737 00:45:02,400 --> 00:45:03,280 Speaker 1: medical treatment. 738 00:45:03,840 --> 00:45:06,919 Speaker 3: They had me trying to remember where I was at 739 00:45:07,040 --> 00:45:08,040 Speaker 3: at the time. I can't. 740 00:45:08,400 --> 00:45:10,759 Speaker 2: So while you're thinking, let me just say, lack of 741 00:45:10,880 --> 00:45:16,239 Speaker 2: medical treatment is a severe understatement here, Okay. 742 00:45:16,120 --> 00:45:16,440 Speaker 3: I know. 743 00:45:17,920 --> 00:45:21,920 Speaker 1: Absolutely, because it was intentional neglect and abuse. 744 00:45:22,040 --> 00:45:27,120 Speaker 3: Really correct, heaven a cell. I've been on a hunger strike. 745 00:45:28,239 --> 00:45:30,319 Speaker 3: Actually hunger struck my way all the way across the 746 00:45:30,360 --> 00:45:34,359 Speaker 3: country to get back to Virginia. I went to stand up, 747 00:45:34,400 --> 00:45:37,160 Speaker 3: fell flat on my face, and they just left me 748 00:45:37,239 --> 00:45:39,759 Speaker 3: laying around for doctors came in and looked at me 749 00:45:39,760 --> 00:45:42,799 Speaker 3: and said, just leave me. A psychiatrist came through. A 750 00:45:42,880 --> 00:45:45,880 Speaker 3: visiting psychiatrist came through, saw me laying on the floor, 751 00:45:46,560 --> 00:45:48,959 Speaker 3: came in and took one look at me and said, 752 00:45:48,960 --> 00:45:51,080 Speaker 3: you need to get this man to the hospital now. 753 00:45:52,360 --> 00:45:55,879 Speaker 3: The local hospital said we can't deal with it. It's too 754 00:45:55,920 --> 00:45:59,400 Speaker 3: severe for us. You have to fly to MCB and Richard. 755 00:46:01,520 --> 00:46:06,640 Speaker 3: They decided not to fly. They drove seven and a 756 00:46:06,680 --> 00:46:11,719 Speaker 3: half hours to Richmond. I get to Richmond. One of 757 00:46:11,760 --> 00:46:14,160 Speaker 3: the young guards I'll never forgetting his name was most 758 00:46:14,880 --> 00:46:17,640 Speaker 3: really nice kid. He looked at me and he said, Joe, 759 00:46:17,840 --> 00:46:23,040 Speaker 3: you know you're supposed to die and rout. They rolled 760 00:46:23,040 --> 00:46:25,280 Speaker 3: me into the hospital. They made me sign paper stamp 761 00:46:25,320 --> 00:46:28,640 Speaker 3: to take both my legs. They were able to shave 762 00:46:28,680 --> 00:46:30,800 Speaker 3: my left leg at the last minute. 763 00:46:31,880 --> 00:46:35,320 Speaker 1: So that seven hour that seven hour drive was basically 764 00:46:35,400 --> 00:46:38,560 Speaker 1: supposed to kill you, supposed to which would have made 765 00:46:39,040 --> 00:46:47,800 Speaker 1: your legal expertise and your fight for freedom miraculously disappear exactly. 766 00:46:48,480 --> 00:46:50,719 Speaker 3: He told me, Joe, you were supposed to die and rot. 767 00:46:53,080 --> 00:46:58,240 Speaker 1: How did you keep persevering? Where did you get the strength. 768 00:46:59,560 --> 00:46:59,960 Speaker 4: Anger? 769 00:47:00,320 --> 00:47:03,280 Speaker 3: Just looking at the system and seeing what was happening 770 00:47:03,800 --> 00:47:06,320 Speaker 3: and recognizing How I got the skill? I don't know. 771 00:47:06,640 --> 00:47:08,920 Speaker 3: I mean I took to the law like a fish 772 00:47:08,960 --> 00:47:12,480 Speaker 3: takes to water, and I realized I had a talent 773 00:47:12,560 --> 00:47:17,080 Speaker 3: that I never knew. I had readings and Joey, they 774 00:47:17,080 --> 00:47:20,080 Speaker 3: were manners and they were my strength, and without them, 775 00:47:20,120 --> 00:47:21,279 Speaker 3: it wouldn't have happened. 776 00:47:21,040 --> 00:47:23,640 Speaker 4: You or my brother, Joe. It's as simple as that. 777 00:47:24,719 --> 00:47:25,520 Speaker 3: Yes, we are. 778 00:47:26,840 --> 00:47:26,920 Speaker 4: So. 779 00:47:27,440 --> 00:47:35,640 Speaker 1: Finally, on November twentyth, in twenty seventeen, twenty six years 780 00:47:35,840 --> 00:47:40,600 Speaker 1: after Governor Wilder had commuted your death sentence to life, 781 00:47:40,960 --> 00:47:46,600 Speaker 1: the Virginia State Parole Board finally voted to grant you parole. 782 00:47:47,600 --> 00:47:51,239 Speaker 1: Can you, gentlemen, take me to that moment and what 783 00:47:51,440 --> 00:47:52,960 Speaker 1: that meant for both. 784 00:47:52,760 --> 00:48:00,359 Speaker 3: Of you relief. I was at Deerfield Correctional Center where 785 00:48:00,400 --> 00:48:04,200 Speaker 3: they send Jerry Actor prisoners in the dormitory style prison. 786 00:48:04,239 --> 00:48:07,200 Speaker 3: It was a nightmare there as well. I was released 787 00:48:07,200 --> 00:48:11,160 Speaker 3: five days before Christmas. Marie wasn't there to see it, 788 00:48:12,160 --> 00:48:15,200 Speaker 3: but lawyers, a lot of folks there. I stepped out. 789 00:48:15,360 --> 00:48:18,359 Speaker 3: I was using a walker. I had a different leg 790 00:48:18,440 --> 00:48:21,440 Speaker 3: than the one I had, basically a peg leg, almost, 791 00:48:21,640 --> 00:48:24,920 Speaker 3: and I wheeled myself out the door, and I couldn't 792 00:48:24,920 --> 00:48:32,359 Speaker 3: believe it, like I felt lighter than there. But I 793 00:48:32,360 --> 00:48:34,320 Speaker 3: immediately stepped out the door and went to work with 794 00:48:34,440 --> 00:48:39,200 Speaker 3: the Innocence Project at the University of Virginia. I was 795 00:48:39,280 --> 00:48:43,160 Speaker 3: hired to clean up their back lagger cases. When I 796 00:48:43,200 --> 00:48:46,120 Speaker 3: finished with that, after about almost two years, I went 797 00:48:46,160 --> 00:48:48,279 Speaker 3: to work for a small law firroom. I was in 798 00:48:48,320 --> 00:48:52,480 Speaker 3: and out of courtrooms all over Virginia. I think I've 799 00:48:52,480 --> 00:48:54,200 Speaker 3: been to every courthouse in Virginia. 800 00:48:55,280 --> 00:49:00,000 Speaker 1: You've also lectured at University of Virginia, American University, Universe 801 00:49:00,480 --> 00:49:01,600 Speaker 1: of Richmond. 802 00:49:02,160 --> 00:49:08,480 Speaker 3: New York University Albany, probably a few about the death penalty. 803 00:49:09,320 --> 00:49:11,000 Speaker 3: And I think I want over some people. 804 00:49:11,440 --> 00:49:12,080 Speaker 1: That's amazing. 805 00:49:12,120 --> 00:49:14,400 Speaker 3: I don't go. I don't go to preach to the choir. 806 00:49:15,040 --> 00:49:17,919 Speaker 3: I don't have time to preach to the choir. Give 807 00:49:17,960 --> 00:49:18,640 Speaker 3: me the people to. 808 00:49:18,680 --> 00:49:21,720 Speaker 1: Believe in it, and you can change their minds. 809 00:49:22,200 --> 00:49:23,719 Speaker 3: I gave a lot of talks like that. 810 00:49:25,280 --> 00:49:29,960 Speaker 1: So, Reverend Joe, I haven't gotten your take on when 811 00:49:30,040 --> 00:49:33,440 Speaker 1: you found out that he had been granted parole. 812 00:49:34,000 --> 00:49:38,960 Speaker 2: Well, I was elated because, like Marie, you know, I 813 00:49:38,960 --> 00:49:43,279 Speaker 2: can appreciate Joe not wanting a conditional pardon, but look, 814 00:49:44,200 --> 00:49:47,040 Speaker 2: you grab whatever straw you can get and then you 815 00:49:47,120 --> 00:49:48,520 Speaker 2: worry about the next problem. 816 00:49:48,640 --> 00:49:51,880 Speaker 4: At least you've got that one. Uh. 817 00:49:52,200 --> 00:49:55,440 Speaker 2: We're not in the perfection game here. We're taking what 818 00:49:55,480 --> 00:49:59,359 Speaker 2: we can get. And when I heard that he had 819 00:49:59,440 --> 00:50:02,080 Speaker 2: received the harden was walking was going to be walking out, 820 00:50:02,160 --> 00:50:05,360 Speaker 2: that just really made my day. I was really elated 821 00:50:05,400 --> 00:50:05,920 Speaker 2: that he. 822 00:50:05,920 --> 00:50:08,960 Speaker 4: Was stepping out and experiencing freedom. 823 00:50:09,920 --> 00:50:12,399 Speaker 1: What does your friendship look like today and what does 824 00:50:12,440 --> 00:50:13,480 Speaker 1: it mean to you today? 825 00:50:14,400 --> 00:50:16,279 Speaker 2: Well, I'm glad to see his face because I haven't 826 00:50:16,280 --> 00:50:17,120 Speaker 2: seen him in a while. 827 00:50:18,239 --> 00:50:20,520 Speaker 3: It's great, it's been it's been a while. 828 00:50:20,560 --> 00:50:21,400 Speaker 4: It's really great. 829 00:50:22,160 --> 00:50:24,120 Speaker 1: I have to ask you a question that I had, 830 00:50:24,160 --> 00:50:28,160 Speaker 1: Reverend Joe. In many ways, I see how you're religious 831 00:50:28,360 --> 00:50:33,320 Speaker 1: calling dovetails with ending mass incarceration and the death penalty, 832 00:50:34,760 --> 00:50:38,719 Speaker 1: But how do you factor in and process the additional 833 00:50:38,800 --> 00:50:43,319 Speaker 1: layer of wrongful convictions into that? You know, it's not 834 00:50:43,920 --> 00:50:47,359 Speaker 1: just a situation where the system is broken. It's that 835 00:50:48,200 --> 00:50:50,760 Speaker 1: the system has gotten it completely wrong. 836 00:50:52,280 --> 00:50:56,200 Speaker 2: It's going to happen repeatedly as long as we stick 837 00:50:56,239 --> 00:50:59,120 Speaker 2: with this system. So we need to move from the 838 00:50:59,160 --> 00:51:04,280 Speaker 2: retributive just system to the restorative justice system. Whole different model. 839 00:51:04,840 --> 00:51:06,960 Speaker 2: You bring the victim and a fender together with a 840 00:51:07,040 --> 00:51:10,959 Speaker 2: trained facilitator. I've done hundreds of these things and they talk. 841 00:51:11,400 --> 00:51:13,759 Speaker 2: So after you met with each one of them individually 842 00:51:13,800 --> 00:51:17,480 Speaker 2: and learn where they're coming from. It's a voluntary process 843 00:51:18,280 --> 00:51:22,040 Speaker 2: and that whole process, that's a way to deal with 844 00:51:22,080 --> 00:51:24,560 Speaker 2: the suffering and hurt, because that's what we're talking about. 845 00:51:25,120 --> 00:51:29,239 Speaker 2: Our current system is all about punishment, creating more suffering, 846 00:51:29,480 --> 00:51:32,759 Speaker 2: more hurt, more harm. It has nothing to do with 847 00:51:32,880 --> 00:51:38,400 Speaker 2: restoring anyone. It does nothing for victims. So wrongful convictions now, God, 848 00:51:38,480 --> 00:51:40,920 Speaker 2: we're going to be having wrong convictions as long as 849 00:51:40,920 --> 00:51:43,759 Speaker 2: we keep doing the system. It's just baked into the 850 00:51:43,800 --> 00:51:47,520 Speaker 2: cake because it's such a stack deck. There is no 851 00:51:47,640 --> 00:51:50,080 Speaker 2: way it's going to be fair for anybody who's caught 852 00:51:50,120 --> 00:51:52,920 Speaker 2: up in it. Without monetary resources. 853 00:51:54,040 --> 00:51:57,080 Speaker 3: We're dealing with the system that does not like to 854 00:51:57,120 --> 00:52:02,040 Speaker 3: admit mistakes, will bite you tooth and nail to the end. 855 00:52:02,880 --> 00:52:05,839 Speaker 3: To this day, people in the system, including some people 856 00:52:05,920 --> 00:52:09,800 Speaker 3: in the Attorney General's office, even after DNA cleared girl, 857 00:52:10,000 --> 00:52:14,160 Speaker 3: still say it's guilty. They back the machine, and most 858 00:52:14,200 --> 00:52:15,440 Speaker 3: of us are still looked out on. 859 00:52:16,480 --> 00:52:19,080 Speaker 2: That's why I wrote that book. That's a key hole 860 00:52:19,200 --> 00:52:22,319 Speaker 2: into the system so people can see how it's operating. 861 00:52:22,800 --> 00:52:26,960 Speaker 2: And then once you see it and realize what's going on, hopefully, 862 00:52:27,040 --> 00:52:29,759 Speaker 2: like Joe says, you're going to be moved to do 863 00:52:29,800 --> 00:52:30,640 Speaker 2: something about it. 864 00:52:31,920 --> 00:52:37,040 Speaker 1: I love the concept of empowering everyone to become not 865 00:52:37,080 --> 00:52:41,480 Speaker 1: only their own hero, but the champion for someone who 866 00:52:41,560 --> 00:52:42,520 Speaker 1: needs one. 867 00:52:42,719 --> 00:52:47,440 Speaker 3: The truth is out there, people just have to see it. 868 00:52:47,480 --> 00:52:51,279 Speaker 1: Is there anything else from your europe shared experience? 869 00:52:51,800 --> 00:52:55,400 Speaker 2: When someone is killed by the state, as Joe described 870 00:52:55,440 --> 00:52:58,880 Speaker 2: what happened to the body in Virginia, take it to 871 00:52:58,920 --> 00:53:05,400 Speaker 2: the cooling table. After that, there's a doctor, It performs 872 00:53:05,400 --> 00:53:09,759 Speaker 2: a medical examination and issues a death certificate. And on 873 00:53:09,880 --> 00:53:14,120 Speaker 2: that death certificate it has cause of death. The cause 874 00:53:14,160 --> 00:53:16,759 Speaker 2: of death is homicide. 875 00:53:17,680 --> 00:53:21,960 Speaker 4: Even the state is clear what they're doing. 876 00:53:23,320 --> 00:53:29,200 Speaker 2: This is a public murder, homicide documented by the state 877 00:53:29,360 --> 00:53:34,000 Speaker 2: medical examiner. We use euphemisms like executions and death penalty etc. 878 00:53:35,160 --> 00:53:39,120 Speaker 2: It's a cold blooded public murder, and this is being 879 00:53:39,160 --> 00:53:42,720 Speaker 2: done in our names. These people are acting on our behalf. 880 00:53:42,960 --> 00:53:45,759 Speaker 2: Welcome to the murder club. I mean, I don't think 881 00:53:45,800 --> 00:53:47,080 Speaker 2: we really want to be a part of that. 882 00:53:47,760 --> 00:53:50,560 Speaker 3: We no longer have capital punishment in Virginia. I don't 883 00:53:50,560 --> 00:53:52,640 Speaker 3: think it's going to come back. And I can say 884 00:53:52,719 --> 00:53:57,200 Speaker 3: I was somewhat instrumental in help bringing that about. I 885 00:53:57,320 --> 00:54:01,839 Speaker 3: testify the Senate and the House here in the jail 886 00:54:03,600 --> 00:54:08,760 Speaker 3: about capital punishment, and it was abolish and the governor 887 00:54:08,840 --> 00:54:09,680 Speaker 3: signed and the law. 888 00:54:12,160 --> 00:54:16,680 Speaker 1: I sincerely appreciate your time, both of your time. I 889 00:54:16,719 --> 00:54:20,760 Speaker 1: am very glad that you two are battle singers, and 890 00:54:20,960 --> 00:54:24,520 Speaker 1: I very much appreciate you sharing your voices with. 891 00:54:24,920 --> 00:54:26,120 Speaker 4: Me a pleasure. 892 00:54:26,200 --> 00:54:27,800 Speaker 3: You're welcome, You're welcome. 893 00:54:41,320 --> 00:54:44,920 Speaker 1: Thank you for listening to Wrongful Conviction. I'm Lauren Bright Pacheco. 894 00:54:45,320 --> 00:54:48,319 Speaker 1: Please support your local innocence organizations and go to the 895 00:54:48,360 --> 00:54:51,239 Speaker 1: links in the episode description to see how you can help. 896 00:54:51,640 --> 00:54:55,600 Speaker 1: I'd like to thank our executive producers Jason Flam, Jeff Kempler, 897 00:54:55,680 --> 00:54:59,440 Speaker 1: and Kevin Wardis, as well as our producers Annie Chelsea, 898 00:55:00,040 --> 00:55:04,120 Speaker 1: Athleen Fink, and Jackie Pauley. This series is produced, edited, 899 00:55:04,160 --> 00:55:07,600 Speaker 1: and hosted by me Lauren Bright Pacheco. Our senior producer 900 00:55:07,719 --> 00:55:11,960 Speaker 1: is Kara Krnhaber. Story editing by Hannah Bial, research by 901 00:55:12,000 --> 00:55:16,200 Speaker 1: Shelby Sorels, mixing and sound design by Nick Massetti, with 902 00:55:16,320 --> 00:55:20,120 Speaker 1: additional production by Jeff Clyborne. Our theme music is by 903 00:55:20,200 --> 00:55:23,240 Speaker 1: Jay Ralph. Be sure to follow us across all social 904 00:55:23,320 --> 00:55:27,080 Speaker 1: media platforms at Lava for Good and at Wrongful Conviction. 905 00:55:27,600 --> 00:55:30,240 Speaker 1: You can also follow me on all platforms at Lauren 906 00:55:30,280 --> 00:55:33,560 Speaker 1: Bright Pacheco. Wrongful Conviction is a production of Lava for 907 00:55:33,640 --> 00:55:37,560 Speaker 1: Good Podcasts in association with Signal Company Number one