WEBVTT - #466 Lauren Bright Pacheco with Joe Giarratano

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<v Speaker 1>Tens of thousands of people incarcerated in the US have

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<v Speaker 1>been wrongfully convicted and are being held in captivity for crimes,

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<v Speaker 1>even as they adamantly maintain their innocence. What's it like

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<v Speaker 1>to be one of those imprisoned people, and what's it

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<v Speaker 1>like to be their ally, the one outside committed to

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<v Speaker 1>fighting for their freedom. I'm Lauren Bride Pacheco, and this

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<v Speaker 1>is wrongful conviction. On February fourth, nineteen seventy nine, the

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<v Speaker 1>bodies of a mother and her teenage daughter were found

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<v Speaker 1>in an apartment in Norfolk, Virginia, known as a party

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<v Speaker 1>house due to a steady flow of visitors. Twenty one

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<v Speaker 1>year old Joe Giarretano lived there in the month before

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<v Speaker 1>and the night of the murders. Waking up upon the

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<v Speaker 1>scene with no recollection of the events due to excessive

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<v Speaker 1>drug and alcohol use, Jerretano assumed that he was the

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<v Speaker 1>one who'd committed the murders. Over time, he provided five

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<v Speaker 1>different confessions to the police, each of which were inconsistent

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<v Speaker 1>with the facts of the crime. Although no physical evidence

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<v Speaker 1>indicated he'd committed the crimes, He was ultimately convicted and

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<v Speaker 1>sentenced to death for the murders. Which placed him in

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<v Speaker 1>the path of our second guest. Joe Ingle, is a

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<v Speaker 1>former death row minister, which is where he devoted his

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<v Speaker 1>adult life. While the death penalty is an issue for many,

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<v Speaker 1>for Joe Ingele, it is primarily about the people caught

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<v Speaker 1>in the killing machinery. His work against mass incarceration and

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<v Speaker 1>the death penalty, while with the Southern Coalition on Jails

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<v Speaker 1>and Prisons, which he helped create, led him to visit

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<v Speaker 1>every Southern death row. That experience created deep bonds with

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<v Speaker 1>the men and women imprisoned there, and Ingle's effort to

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<v Speaker 1>save their lives led him to meetings and churches, synagogues,

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<v Speaker 1>bishop on archbishop offices, as well as governor's offices, legislators

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<v Speaker 1>and courtrooms. It also led him into the homes of

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<v Speaker 1>the families of the condemned and victims. Realizing many of

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<v Speaker 1>the condemned lacked legal representation, he joined in the efforts

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<v Speaker 1>to create the Southern Center for Human Rights to represent them.

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<v Speaker 1>Joe Garretano and Joe Ingele, Welcome to wrongful connect you

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<v Speaker 1>nice you have. Now in terms of simplicity, how shall

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<v Speaker 1>we deal with the fact that you're both named Joe?

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<v Speaker 1>May we do Reverend Joe and Joe.

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<v Speaker 2>Well, I will never use the Reverend except when it's handy,

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<v Speaker 2>so it seems to be handy for you, so we'll

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<v Speaker 2>use it.

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<v Speaker 1>I appreciate it, sir. All right, Joe, I would love

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<v Speaker 1>to start with you. You know, I usually begin these

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<v Speaker 1>episodes asking people to tell me a little bit about

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<v Speaker 1>their childhoods, but having researched yours, I feel compelled to

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<v Speaker 1>start with an article pull just for context. Born to

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<v Speaker 1>a Bronx family involved with drug rings and organized crime,

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<v Speaker 1>Gerretano started shooting demrol when he was eleven, under the

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<v Speaker 1>watchful eye of his junkie mother.

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<v Speaker 3>That's a lot, it is. I mean at the time,

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<v Speaker 3>you know, I was a kid and just following my

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<v Speaker 3>mother's leave. But she was a junkie herself. My mother

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<v Speaker 3>was a paranoid, schizophrenic and a criminal genius.

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<v Speaker 4>Wow.

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<v Speaker 1>And I've read that she actually ran one of the

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<v Speaker 1>largest drug smuggling operations on the East Coast.

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<v Speaker 3>She did. She worked with Carlos later Revus out of

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<v Speaker 3>Columbia with the Medaine drug cartel.

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<v Speaker 1>Wow. Was your father involved in your upbringing? Was he

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<v Speaker 1>part of your household?

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<v Speaker 3>No, my father left when I was a child. I

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<v Speaker 3>don't really have any memories of him. And then sometime

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<v Speaker 3>in the nineties, People magazine did an article about me.

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<v Speaker 3>I was supposed to get cover the Sammy Davis Junior

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<v Speaker 3>died that week, so they gave him the cover and

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<v Speaker 3>gave me the centerfold. So I've been at the centerfold.

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<v Speaker 3>No dat. My father apparently saw he was imprisoned in

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<v Speaker 3>Florida and reached out to me and contacted me.

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<v Speaker 1>How old were you then when you reconnected with him.

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<v Speaker 3>After the murders, so probably sometime the early nineties.

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<v Speaker 1>We mentioned that you were exposed to drug use at

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<v Speaker 1>a very very young age. How did that change the

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<v Speaker 1>way you saw yourself and the world in general?

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<v Speaker 3>Back then? The only thing I knew to do from

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<v Speaker 3>the way I was brought up with the followers. Whatever

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<v Speaker 3>my mother told me to do, that's what I did.

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<v Speaker 3>And everybody that I knew was a criminal. They were

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<v Speaker 3>either made ment for the mafia or street hoods, and

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<v Speaker 3>then the Columbians got involved. Thing I knew was criminal activity.

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<v Speaker 3>That's how we survived.

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<v Speaker 1>I've also read that you were sent to a reform

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<v Speaker 1>school in Florida as a child, which later was known

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<v Speaker 1>for its ridiculously troubling abuse of the children in its care.

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<v Speaker 1>Is that description in keeping with what you experienced there?

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<v Speaker 3>Yes, And in fact that's very relevant now because Governor

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<v Speaker 3>DeSantis down in Florida should be signing an authorizing compensation

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<v Speaker 3>for the survivors from nineteen forty to nineteen seventy five

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<v Speaker 3>who were at the Dosia School for Boys, and I

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<v Speaker 3>have been working all by affidavit for that. Wow.

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<v Speaker 1>How long were you there? What age?

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<v Speaker 3>Oh? I was young. I was there twice. The last

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<v Speaker 3>time was probably seventy five. I was raped there under

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<v Speaker 3>the watchful eyes of a cottage parent who stood there,

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<v Speaker 3>laughed and did nothing, and then told me to clean

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<v Speaker 3>myself up and forget about it. If I knew what

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<v Speaker 3>was good for me.

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<v Speaker 1>Wow, Joe, I'm so sorry that you experienced what you experienced.

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<v Speaker 3>Oh, it was tough. I've been working on the Affidavid

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<v Speaker 3>now for almost two months. It's going back revisiting. That's hard.

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<v Speaker 1>So, given everything that you had on your plate, being

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<v Speaker 1>raised by somebody with mental illness and addiction illness on

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<v Speaker 1>top of surrounded by criminal activity, and then sexually and

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<v Speaker 1>physically abused at a school where you were supposed to

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<v Speaker 1>go to become a better person.

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<v Speaker 3>They're still finding bodies at that school. They're still digging

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<v Speaker 3>up bodies of people that were killed.

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<v Speaker 1>It's not surprising that you ended up dropping out of

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<v Speaker 1>school altogether.

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<v Speaker 3>No, I dropped out of school, and does you're really

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<v Speaker 3>set the course After that was released from Doser, the

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<v Speaker 3>only place they would allow me to go was back

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<v Speaker 3>to my mother, back into criminal activity. And then in

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<v Speaker 3>nineteen seventy eight, seventy late seventy eight, early seventy nine,

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<v Speaker 3>my mother wanted to expand her criminal activity into virgin

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<v Speaker 3>She had two friends. She said, you're going with them

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<v Speaker 3>to Virginia. You're going to work on the fishing boats

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<v Speaker 3>up there, and we're going to use the boats to

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<v Speaker 3>smuggle cocaine into virgin.

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<v Speaker 1>So I was going to ask you how you ended

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<v Speaker 1>up being a scallop fisherman in Norfolk, Virginia. But it

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<v Speaker 1>was just a front for your mother's drug smuggling operations exactly.

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<v Speaker 3>So actually enjoyed being on the boats. I loved the work,

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<v Speaker 3>but the main focus was smuggling cocaine into this state.

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<v Speaker 1>Wow, And that takes us pretty much up to the

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<v Speaker 1>time when this tragedy unfolded. You're twenty one years old. Honestly,

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<v Speaker 1>all of this makes much more sense to me now

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<v Speaker 1>that I know that cartels were in the landscape of

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<v Speaker 1>how this unfolded too. But just the facts of the

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<v Speaker 1>case were that on February fourth of nineteen seventy nine

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<v Speaker 1>in Norfolk, Virginia, a forty four year old named Barbara Ann,

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<v Speaker 1>also known as Tony Klein, and her fifteen year old

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<v Speaker 1>daughter Michelle were murdered, and that you had arrived at

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<v Speaker 1>the apartment at six o'clock, nobody was there. You come

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<v Speaker 1>back at eight. You're under the influence of drugs and alcohol.

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<v Speaker 3>I was wasted. I was injecting de lawds, which is

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<v Speaker 3>a major painkiller for cancer patients. I was probably using

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<v Speaker 3>five to six lawns a day as well as drinking.

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<v Speaker 1>So you wake up on the couch, wake up.

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<v Speaker 3>On the couch and didn't see anybody. Initially went to

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<v Speaker 3>the bathroom and that's when I saw Barbara before and

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<v Speaker 3>the bathroom face one of the bedrooms, and when I

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<v Speaker 3>turned I saw Michelle lane on. I panicked. My criminal

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<v Speaker 3>instincts kicked in and I said I need to get

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<v Speaker 3>back to my mother.

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<v Speaker 1>But it must have been like waking up into a

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<v Speaker 1>scene from a horror movie.

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<v Speaker 3>It was a nightmare. It was a nightmare. I still

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<v Speaker 3>see it through this day sometimes in my head.

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<v Speaker 1>In that moment of complete blackout, brain fog. You just

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<v Speaker 1>assumed you had something to do.

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<v Speaker 3>With it exactly. I was there. I don't remember anybody

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<v Speaker 3>else being there. Uh.

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<v Speaker 1>And I mean not to get into too much detail

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<v Speaker 1>or gore, but was there any physical sign that you

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<v Speaker 1>had been involved in two bloody murders?

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<v Speaker 3>No?

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<v Speaker 1>On you?

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<v Speaker 3>No?

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<v Speaker 2>No.

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<v Speaker 3>There was one little speck of blood on my boot,

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<v Speaker 3>a little tiny speck of blood, and they sent it

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<v Speaker 3>off to lab to be analyzed. But at blood's convinced me.

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<v Speaker 3>At that point, I didn't know where the blood came from.

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<v Speaker 3>I couldn't remember. I must have done it. We found

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<v Speaker 3>out years later that the blood on shoe didn't company

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<v Speaker 3>the one of the victims, and I had been in

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<v Speaker 3>a fight at some point at one of the bars.

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<v Speaker 3>That's how the blood got off the sheet.

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<v Speaker 1>You panicked initially and fled to Florida, Yes, only to

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<v Speaker 1>then turn yourself in at a greyhound bus station at

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<v Speaker 1>three am to a uniformed police officer who was just

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<v Speaker 1>sitting minding his own business and we were sitting.

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<v Speaker 3>There eating breakfast. All I could see was dead body.

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<v Speaker 3>All I could see was Barbara and Michelle laying here.

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<v Speaker 3>And I just walked up to the cop and sat

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<v Speaker 3>down and said, hey, I think I killed two people

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<v Speaker 3>in Aufolk.

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<v Speaker 1>And you thought you did, but had no idea of

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<v Speaker 1>how it was done. So you end up waving your

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<v Speaker 1>miranda right.

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<v Speaker 3>Well, I waved my Miranda rights. I gave the Jacksonville

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<v Speaker 3>police officers what amounted to a full confession. They said, well,

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<v Speaker 3>how'd you do it? I said, I don't know, and

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<v Speaker 3>they started suggesting to me, did you do it like this?

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<v Speaker 3>Did you do it like that? And I just said yes.

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<v Speaker 3>Then the contacted the No off Of Police Department, and

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<v Speaker 3>two detectives from an off came to Florida, brought me

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<v Speaker 3>back to Virginia, and that's where the series of other

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<v Speaker 3>five confessions came in. They said, no, it couldn't have

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<v Speaker 3>happened like this. It had to have happened like this,

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<v Speaker 3>and I just followed their lead. And these were police

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<v Speaker 3>certain confessions. I didn't write these confessions they wrote, but

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<v Speaker 3>they started doing it before they had actually investigated the

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<v Speaker 3>crime scene. They hadn't been to the crime scene.

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<v Speaker 1>Yet I know that this was ten years before DNA

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<v Speaker 1>evidence was of value, truly, but a proper investigation at

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<v Speaker 1>the time would have uncovered all of the things you

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<v Speaker 1>ended up uncovering a decade later exactly.

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<v Speaker 3>And what they did because they hadn't seen the crime scene,

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<v Speaker 3>they had to keep coming back and revising the confessions and.

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<v Speaker 1>The autopsy afterwards just to keep this clear. So you

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<v Speaker 1>end up giving five different versions of the confession, and

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<v Speaker 1>basically you're playing charades and they're feeding you what to say,

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<v Speaker 1>so by the time you come up with your fifth confession,

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<v Speaker 1>you're just parroting back what they have told you are

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<v Speaker 1>the crime scene exactly.

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<v Speaker 3>Then I get a quarter pointer to Turney had just

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<v Speaker 3>gone to trial, had a head a decent atturning because

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<v Speaker 3>it was physical evidence which we didn't find till later.

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<v Speaker 3>And none of that physical evidence bloody footprints, headhairs, pupa hairs,

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<v Speaker 3>and sperm, none of it matched me. And they hid

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<v Speaker 3>that promise.

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<v Speaker 1>So before we even get to that shamble of a

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<v Speaker 1>half day trial, on February sixth of nineteen seventy nine,

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<v Speaker 1>at the age of twenty one, you're indicted for rape

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<v Speaker 1>of the daughter statutory burglary, capital, murder of the daughter

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<v Speaker 1>and murder of the mother. You're twenty one. Who was

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<v Speaker 1>your support person at that time? Who did you reach

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<v Speaker 1>out to?

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<v Speaker 3>Didn't have any except my mother. I reached out to

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<v Speaker 3>my mother, and my mother's response was let him kill you.

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<v Speaker 3>She was worried that I would run my mouth about

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<v Speaker 3>her business. She hadn't been under the radar at that time.

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<v Speaker 1>Your mother's first response is your dispensable. She wants to

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<v Speaker 1>protect herself and her business structure. So exactly your life

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<v Speaker 1>is insignificant as far as she's concerned. Exactly that is

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<v Speaker 1>a lot. Okay, So now we get to that shamble

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<v Speaker 1>of a trial. How long did that trial last and

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<v Speaker 1>was there a jury involved?

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<v Speaker 3>There was no jury. It was a half day trial,

0:14:13.640 --> 0:14:19.080
<v Speaker 3>including the launch break. They appointed an attorney who decided

0:14:19.120 --> 0:14:22.480
<v Speaker 3>to plead me not guilty by reason of insanity, even

0:14:22.480 --> 0:14:27.240
<v Speaker 3>though all the experts said he's not insane. So a

0:14:27.360 --> 0:14:32.960
<v Speaker 3>trial the facts never occurred. There was no discovery when

0:14:32.960 --> 0:14:35.920
<v Speaker 3>you plead not guilty, there were reasons insanity. The only

0:14:35.960 --> 0:14:38.120
<v Speaker 3>thing that gets tried is whether or not you're insane.

0:14:40.000 --> 0:14:42.720
<v Speaker 3>And the psychiatrist come in and said, this man has

0:14:42.760 --> 0:14:46.120
<v Speaker 3>no memory of the crime. His memory shot. He actually

0:14:46.200 --> 0:14:48.160
<v Speaker 3>said that when they did the blood work at twenty

0:14:48.240 --> 0:14:50.280
<v Speaker 3>one years old, I had the liver of a seventy

0:14:50.320 --> 0:14:52.960
<v Speaker 3>eight year old man. I shouldn't have been alive.

0:14:54.320 --> 0:14:59.240
<v Speaker 1>Wow, I just so there's no one in that courtroom

0:14:59.240 --> 0:15:04.440
<v Speaker 1>supporting you. No, you must have felt so alone.

0:15:04.960 --> 0:15:08.080
<v Speaker 3>No, they had me drugged and fact to judge stopped

0:15:08.120 --> 0:15:13.680
<v Speaker 3>the trial at one point and instructed to sharef to

0:15:13.680 --> 0:15:16.240
<v Speaker 3>find out where I was getting the illegal drugs from.

0:15:16.920 --> 0:15:19.280
<v Speaker 3>I was literally drooling out the side of my mouth

0:15:19.320 --> 0:15:21.920
<v Speaker 3>and falling to sleep, and my attorney stood up and said, no,

0:15:22.400 --> 0:15:25.160
<v Speaker 3>he's under psychiatric care. They had him on high doses

0:15:25.200 --> 0:15:27.640
<v Speaker 3>of thors.

0:15:28.360 --> 0:15:32.600
<v Speaker 1>Oh gosh, which is just basically your body, mind, everything

0:15:32.680 --> 0:15:33.400
<v Speaker 1>is just frozen.

0:15:33.480 --> 0:15:37.800
<v Speaker 3>It's a horse tranquilizer, it's an animalizer. So I was

0:15:37.840 --> 0:15:41.040
<v Speaker 3>just sitting there and a drug and do stupor.

0:15:42.640 --> 0:15:46.480
<v Speaker 1>We're going to get into this, but very much, Reverend Joe,

0:15:46.720 --> 0:15:50.960
<v Speaker 1>after reading your book Too Close to the Flame, it's

0:15:51.160 --> 0:15:53.920
<v Speaker 1>very obvious that at that point Joe was already caught

0:15:54.000 --> 0:15:56.720
<v Speaker 1>up in the machinery of the legal system and on

0:15:56.840 --> 0:15:59.600
<v Speaker 1>his way to the belly of the killing machine beast

0:16:00.640 --> 0:16:04.720
<v Speaker 1>because you were in no shape really to probably even

0:16:04.760 --> 0:16:09.120
<v Speaker 1>absorb what had happened during the trial or your sentence.

0:16:09.240 --> 0:16:15.320
<v Speaker 1>But you're convicted and in nineteen seventy nine for thirty

0:16:15.400 --> 0:16:19.720
<v Speaker 1>years confinement for the rape of the daughter, life imprisonment

0:16:19.800 --> 0:16:23.280
<v Speaker 1>for the murder of the mother, and death for the

0:16:23.320 --> 0:16:27.360
<v Speaker 1>capital murder of the exactly, so you're sentenced to death.

0:16:27.560 --> 0:16:30.320
<v Speaker 3>I went straight from the core group now of you're

0:16:30.360 --> 0:16:32.800
<v Speaker 3>back to the jail. They took me straight the death house.

0:16:52.000 --> 0:16:58.760
<v Speaker 1>You had a date with execution five times over the years.

0:16:58.960 --> 0:17:02.240
<v Speaker 1>I mean, how do you what is that like psychologically

0:17:03.560 --> 0:17:07.880
<v Speaker 1>to feel like it's just there, could happen at any time.

0:17:08.040 --> 0:17:13.840
<v Speaker 3>Well, for several years, nothing registered in my head because

0:17:13.840 --> 0:17:16.359
<v Speaker 3>they kept me on thwarsen for most of the years

0:17:16.359 --> 0:17:19.119
<v Speaker 3>I was in prison, I was walking around like a sam.

0:17:20.400 --> 0:17:25.200
<v Speaker 1>While you were incarcerated, Joe, you at some point woke

0:17:25.320 --> 0:17:27.120
<v Speaker 1>up from your drug stupor.

0:17:27.720 --> 0:17:29.960
<v Speaker 3>It took a court order to get me off the drugs.

0:17:30.800 --> 0:17:34.280
<v Speaker 3>The prison was injecting me with the drugs whether I

0:17:34.320 --> 0:17:37.639
<v Speaker 3>wanted them or not. If I refused, and I often

0:17:37.680 --> 0:17:41.440
<v Speaker 3>did refuse, they would dress up and riote here, open

0:17:41.520 --> 0:17:45.040
<v Speaker 3>my cell door, come in, beat me down, chain to

0:17:45.119 --> 0:17:46.920
<v Speaker 3>the bed and hit me in the hill.

0:17:51.040 --> 0:17:55.200
<v Speaker 1>It's just the cruelty of it seems to be the point.

0:17:56.000 --> 0:18:02.639
<v Speaker 3>At one point I just said enough kill, I'm ready

0:18:02.680 --> 0:18:08.720
<v Speaker 3>to go. And that's when Joe Angle and Redanes got involved.

0:18:10.520 --> 0:18:14.919
<v Speaker 1>Enter Reverend Joe. Reverend Joe, can you just tell me

0:18:15.240 --> 0:18:18.760
<v Speaker 1>a little bit about the path that took you to

0:18:19.040 --> 0:18:23.960
<v Speaker 1>where your path ended up crossing with Joe? In other words,

0:18:24.280 --> 0:18:28.000
<v Speaker 1>how did you choose to make Death Row your congregation.

0:18:28.960 --> 0:18:30.320
<v Speaker 4>I sort of backed into it.

0:18:31.000 --> 0:18:35.800
<v Speaker 2>Native of North Carolina and went to Sanders Presbyterian College

0:18:35.840 --> 0:18:38.600
<v Speaker 2>and then said I want to do more studying. So

0:18:38.640 --> 0:18:41.879
<v Speaker 2>I went to Union Theological Seminary in New York and

0:18:41.920 --> 0:18:43.679
<v Speaker 2>there was a program there where you could live and

0:18:43.720 --> 0:18:48.920
<v Speaker 2>work in East Harlem, which really attracted me. So here

0:18:48.960 --> 0:18:51.880
<v Speaker 2>I am a white boy moving up from North Carolina

0:18:52.680 --> 0:18:56.520
<v Speaker 2>to East Harlem, which was a class ghetto when I

0:18:56.640 --> 0:19:00.119
<v Speaker 2>arrived in nineteen seventy. So you had forty five five

0:19:00.160 --> 0:19:03.639
<v Speaker 2>percent African American, forty five percent Puerto Rican, ten percent

0:19:03.680 --> 0:19:07.600
<v Speaker 2>everything else. And as part of that, you worked in

0:19:07.640 --> 0:19:10.359
<v Speaker 2>the community, You took your classes at Union Seminary, and

0:19:10.440 --> 0:19:13.560
<v Speaker 2>the idea was your theology would emerge from your interaction

0:19:13.680 --> 0:19:16.880
<v Speaker 2>with people in the community and also your theological studies,

0:19:17.080 --> 0:19:18.480
<v Speaker 2>and it certainly.

0:19:18.160 --> 0:19:18.720
<v Speaker 4>Did for me.

0:19:19.200 --> 0:19:22.240
<v Speaker 2>My senior year of seminary, I visited men at the

0:19:22.240 --> 0:19:25.280
<v Speaker 2>Bronx House of Detention because my neighbors were dealing with

0:19:25.400 --> 0:19:28.160
<v Speaker 2>cops and das all the time, and I'd never even

0:19:28.160 --> 0:19:31.280
<v Speaker 2>been in a jail or a prison, and Attica happened

0:19:31.280 --> 0:19:34.720
<v Speaker 2>that fall in seventy one, and watching that all my

0:19:34.840 --> 0:19:37.879
<v Speaker 2>fuzzy black and white TV. Because the prisoners gave press

0:19:37.920 --> 0:19:40.359
<v Speaker 2>conferences every day they were in control of the prison,

0:19:41.240 --> 0:19:43.560
<v Speaker 2>I thought, if ten percent of what these guys are

0:19:43.600 --> 0:19:46.800
<v Speaker 2>saying is true, I would be upset too. So all

0:19:46.840 --> 0:19:49.760
<v Speaker 2>that motivated me to go visit prisoners at the Bronx

0:19:49.760 --> 0:19:53.520
<v Speaker 2>House of Detention, and that's where I had my revelation

0:19:53.720 --> 0:19:58.240
<v Speaker 2>about what the machinery we have created in this country

0:19:58.320 --> 0:20:02.920
<v Speaker 2>we call criminal justice system, which it is not. It's

0:20:02.960 --> 0:20:06.080
<v Speaker 2>a criminal legal system. There's no justice in it. Justice

0:20:06.160 --> 0:20:10.160
<v Speaker 2>is almost totally absent. It's criminal, it's legal, and it's

0:20:10.200 --> 0:20:13.560
<v Speaker 2>a system. And these guys were all, as I learned,

0:20:14.240 --> 0:20:18.520
<v Speaker 2>awaiting trial, average length of time eighteen months.

0:20:19.080 --> 0:20:20.160
<v Speaker 4>No one's convicted.

0:20:20.920 --> 0:20:24.119
<v Speaker 2>They're just there because they're poor and they're charged with

0:20:24.160 --> 0:20:27.480
<v Speaker 2>the crime, and when I walked in there for the

0:20:27.520 --> 0:20:31.040
<v Speaker 2>first time, I was a nause seminary student. I got

0:20:31.080 --> 0:20:33.679
<v Speaker 2>up to the sixth floor and guard saw my little

0:20:33.720 --> 0:20:37.000
<v Speaker 2>badge that the chaplain had given me, and he opened

0:20:37.000 --> 0:20:40.879
<v Speaker 2>the door to this enormous cage there with human beings

0:20:40.880 --> 0:20:44.160
<v Speaker 2>in it. And he walks along and I follow him.

0:20:44.840 --> 0:20:48.000
<v Speaker 2>He says, lawyers and clergy visiting this room, and he

0:20:48.160 --> 0:20:49.160
<v Speaker 2>gestured to the left.

0:20:49.200 --> 0:20:49.400
<v Speaker 4>There.

0:20:50.080 --> 0:20:52.480
<v Speaker 2>I'm a naive seminary student, so I said, why don't

0:20:52.520 --> 0:20:53.040
<v Speaker 2>you let me in.

0:20:53.000 --> 0:20:53.840
<v Speaker 4>Here with these guys.

0:20:55.080 --> 0:20:59.040
<v Speaker 2>That guard looked at me and shrugged, opened the door,

0:20:59.560 --> 0:21:03.440
<v Speaker 2>asked up to cross a threshold. Now, as i'd casually

0:21:03.480 --> 0:21:07.600
<v Speaker 2>glanced into the cell block, I'd assumed everybody's in a cell,

0:21:07.640 --> 0:21:10.359
<v Speaker 2>they're locked, and I'll just visit through the cell doors

0:21:10.359 --> 0:21:13.800
<v Speaker 2>of each cell. But when I walked across the threshold,

0:21:14.040 --> 0:21:17.199
<v Speaker 2>I realized all these cell doors are open, and he

0:21:17.359 --> 0:21:21.439
<v Speaker 2>slams that door behind me. I'll never forget this. My

0:21:21.520 --> 0:21:23.560
<v Speaker 2>first thought was, oh my god, he's locked me in

0:21:23.600 --> 0:21:25.800
<v Speaker 2>here with these animals, because that's what we're taught to

0:21:25.880 --> 0:21:29.320
<v Speaker 2>think by virtue of someone being in a prison or

0:21:29.320 --> 0:21:32.240
<v Speaker 2>a jail, they're less than us. So Once you reach

0:21:32.359 --> 0:21:36.159
<v Speaker 2>that point in your understanding of who you are versus

0:21:36.200 --> 0:21:41.240
<v Speaker 2>everybody else, you realized how lost you are. Because those

0:21:41.280 --> 0:21:44.119
<v Speaker 2>guys taught me a lot that year. I didn't do

0:21:44.240 --> 0:21:46.000
<v Speaker 2>much for them. I showed up. I gave him my

0:21:46.080 --> 0:21:47.080
<v Speaker 2>twenty hours a week.

0:21:47.640 --> 0:21:48.280
<v Speaker 4>We talked.

0:21:48.800 --> 0:21:51.040
<v Speaker 2>If I could afford it, I'd buy stamps for him.

0:21:51.320 --> 0:21:54.240
<v Speaker 2>I had no contacts to lawyers, but boy did they

0:21:54.320 --> 0:21:57.639
<v Speaker 2>ever educate me. So when I came back south and

0:21:57.920 --> 0:22:00.960
<v Speaker 2>to Nashville, Tennessee, I was involved the fellow named Will

0:22:01.000 --> 0:22:04.679
<v Speaker 2>Campbell and Tony Dunbar, and we started something called Southern

0:22:04.720 --> 0:22:08.280
<v Speaker 2>Prison Ministry, then the Southern Coalitional Jails and Prisons in

0:22:08.359 --> 0:22:10.560
<v Speaker 2>the spring of six, nineteen seventy four.

0:22:11.840 --> 0:22:14.520
<v Speaker 1>I want to talk about that moment of walking through

0:22:15.359 --> 0:22:23.920
<v Speaker 1>that threshold figuratively as well, because reading your book, I

0:22:23.960 --> 0:22:29.879
<v Speaker 1>so clearly understand the power of compassion and empathy to

0:22:30.160 --> 0:22:37.119
<v Speaker 1>alter one's mindset. Because you stopped seeing the individuals behind

0:22:37.240 --> 0:22:42.240
<v Speaker 1>those bars as less than you saw them actually as human.

0:22:43.200 --> 0:22:46.960
<v Speaker 1>And that is a mind shift that negates the US

0:22:47.040 --> 0:22:48.240
<v Speaker 1>versus them mentality.

0:22:48.480 --> 0:22:51.000
<v Speaker 2>Well, it does completely. And what it's all about is

0:22:51.080 --> 0:22:55.800
<v Speaker 2>judgment and Jesus. In the Gospel of John the eighth chapter,

0:22:55.800 --> 0:22:58.040
<v Speaker 2>there is this great little story of this woman who's

0:22:58.080 --> 0:23:02.120
<v Speaker 2>guilty of adult at the time, which means she gets stoned.

0:23:02.160 --> 0:23:04.399
<v Speaker 2>Of course, a man would not get the death penalty

0:23:04.440 --> 0:23:07.200
<v Speaker 2>at that time, but she's guilty, she's going to get stoned.

0:23:07.280 --> 0:23:10.760
<v Speaker 2>These people brought her to Jesus and they basically want

0:23:10.800 --> 0:23:14.399
<v Speaker 2>her to say, oh yeah, do away with her. And

0:23:14.560 --> 0:23:17.720
<v Speaker 2>he looks at him and looks at her and says,

0:23:17.920 --> 0:23:20.359
<v Speaker 2>let he is without sin, throw the first stone. Well,

0:23:20.520 --> 0:23:24.320
<v Speaker 2>they realize they're not without sin, so they walked away,

0:23:24.320 --> 0:23:27.439
<v Speaker 2>and Jesus looks at her and says, woman, has no

0:23:27.480 --> 0:23:30.680
<v Speaker 2>one condemned you? And she says no, Rabbi, no one.

0:23:30.880 --> 0:23:33.120
<v Speaker 2>He says, neither do I condemn you? Go and sin

0:23:33.240 --> 0:23:36.480
<v Speaker 2>no more. Now a lot of folks think that is

0:23:36.520 --> 0:23:38.960
<v Speaker 2>against the death penalty, it is against the deathenally, but

0:23:39.000 --> 0:23:42.480
<v Speaker 2>it's a greater statement than that. It's a whole judgment issue.

0:23:43.000 --> 0:23:47.560
<v Speaker 2>Who are we to judge, like for Joe Garontano and

0:23:47.600 --> 0:23:51.720
<v Speaker 2>say this guy, well, he's not fit to live, We're

0:23:51.760 --> 0:23:52.480
<v Speaker 2>going to kill him.

0:23:52.640 --> 0:23:53.679
<v Speaker 4>Who are we to do that?

0:23:54.119 --> 0:23:58.199
<v Speaker 2>And once you realize that this whole system we have built,

0:23:58.880 --> 0:24:04.120
<v Speaker 2>this adversary system, the so called retributive justice model, where

0:24:04.200 --> 0:24:07.320
<v Speaker 2>you have a defense lawyer and a prosecutor and the

0:24:07.400 --> 0:24:09.760
<v Speaker 2>truth comes out of this. The truth hardly ever comes

0:24:09.800 --> 0:24:12.400
<v Speaker 2>out of this because it's a stag.

0:24:12.160 --> 0:24:16.800
<v Speaker 1>Deck and a lucrative one for the ones who have

0:24:16.880 --> 0:24:17.240
<v Speaker 1>the game.

0:24:17.320 --> 0:24:20.440
<v Speaker 2>Exactly, And Steve Bright says, who's a great anti death

0:24:20.480 --> 0:24:23.920
<v Speaker 2>only lawyer? It's not the people who commit. The worst

0:24:24.000 --> 0:24:27.160
<v Speaker 2>murderer go to death row, So people have the worst lawyers.

0:24:27.600 --> 0:24:30.680
<v Speaker 2>He's exactly right. And that's all based on poverty and race.

0:24:33.000 --> 0:24:36.480
<v Speaker 1>Now back to when your pads first cross. Tell me

0:24:36.600 --> 0:24:40.000
<v Speaker 1>how you two met and what your initial thoughts were

0:24:40.119 --> 0:24:42.199
<v Speaker 1>of one another. Joe, why don't you go first?

0:24:43.760 --> 0:24:48.359
<v Speaker 3>Well, initially, Joe got involved in Virginia because of another gentleman,

0:24:48.480 --> 0:24:53.320
<v Speaker 3>a volunteer to be executed named Frank, a former Newport

0:24:53.359 --> 0:24:56.760
<v Speaker 3>News police officer who volunteered to be executed. Frank and

0:24:56.760 --> 0:25:01.040
<v Speaker 3>I were very good friends, and after he was executed,

0:25:01.520 --> 0:25:06.200
<v Speaker 3>I was the next volunteer. And that's when Joe came

0:25:06.240 --> 0:25:08.320
<v Speaker 3>into the picture and sent redeems to.

0:25:08.320 --> 0:25:13.040
<v Speaker 1>Me, explain what you mean by volunteer, volunteer.

0:25:12.600 --> 0:25:16.560
<v Speaker 3>To be executed? Wave all appeals, set a date, let's

0:25:16.560 --> 0:25:16.920
<v Speaker 3>do this.

0:25:19.400 --> 0:25:23.320
<v Speaker 1>What led you were. You just so exhausted at that point.

0:25:23.320 --> 0:25:28.440
<v Speaker 3>Exhausted and they had just executed by best friend. Right,

0:25:28.680 --> 0:25:30.120
<v Speaker 3>just lack of bother you to me.

0:25:32.520 --> 0:25:35.760
<v Speaker 1>And that was something that was sorely lacking in your life.

0:25:38.680 --> 0:25:42.879
<v Speaker 3>Yeah, I was hard hitting guards keeping hear me. I

0:25:42.880 --> 0:25:46.920
<v Speaker 3>would attack him every day, getting beat down, getting shot

0:25:47.000 --> 0:25:51.040
<v Speaker 3>up with Thorsen, and Frank pulled me to decide, said

0:25:51.080 --> 0:25:53.160
<v Speaker 3>you can't win that way. He said you have to fight,

0:25:55.440 --> 0:25:56.359
<v Speaker 3>and then he gave up.

0:25:59.440 --> 0:25:59.600
<v Speaker 4>Well.

0:25:59.600 --> 0:26:02.440
<v Speaker 2>I spent that weekend with Frank prior to his execution,

0:26:02.960 --> 0:26:06.800
<v Speaker 2>and Joe at that point was in Mecklenburg, where death

0:26:06.840 --> 0:26:09.600
<v Speaker 2>row was. Frank had been moved up to the Virginia

0:26:09.640 --> 0:26:13.200
<v Speaker 2>State Penitentiary in Richmond, and so I'm visiting with him,

0:26:13.240 --> 0:26:18.000
<v Speaker 2>trying to hopefully get him to persuade him to change

0:26:18.040 --> 0:26:22.280
<v Speaker 2>his mind. If you can image a very intense situation.

0:26:23.200 --> 0:26:27.320
<v Speaker 2>His ex wife is there, o lovely woman, and she's

0:26:27.440 --> 0:26:29.200
<v Speaker 2>just torn up by this whole thing.

0:26:30.000 --> 0:26:31.280
<v Speaker 4>He has two children.

0:26:31.880 --> 0:26:34.359
<v Speaker 2>Of course, when you're on death row, you get a notoriety.

0:26:34.400 --> 0:26:36.760
<v Speaker 2>It's in the newspapers. People read about it and talk

0:26:36.760 --> 0:26:39.560
<v Speaker 2>about it. And part of the thing that had driven

0:26:39.640 --> 0:26:43.680
<v Speaker 2>Frank to this extreme was in one of the kids' classes.

0:26:44.440 --> 0:26:47.480
<v Speaker 2>One of the classmates had made a little paper electric

0:26:47.600 --> 0:26:52.720
<v Speaker 2>chair and put it on his son's chair, and when

0:26:52.760 --> 0:26:55.560
<v Speaker 2>Frank found out about that, he realized the cruelty his

0:26:55.640 --> 0:26:59.199
<v Speaker 2>family was being submitted to. I think that was one

0:26:59.240 --> 0:27:01.959
<v Speaker 2>of the key reasons. I just can't keep going like this.

0:27:02.200 --> 0:27:04.760
<v Speaker 2>I can't keep having my family having to deal with

0:27:04.800 --> 0:27:09.040
<v Speaker 2>what I'm facing. So ultimately I was not able to

0:27:09.080 --> 0:27:13.240
<v Speaker 2>persuade him. It was a horrifically painful time, and he

0:27:13.320 --> 0:27:14.080
<v Speaker 2>was executed.

0:27:15.119 --> 0:27:17.359
<v Speaker 4>And then there was Joe.

0:27:17.520 --> 0:27:20.239
<v Speaker 1>Do you remember the first time you met Joe and

0:27:20.280 --> 0:27:21.359
<v Speaker 1>what your thoughts were.

0:27:22.320 --> 0:27:27.240
<v Speaker 2>So I went to Mecklenburg, which was a hell hole, violent,

0:27:27.800 --> 0:27:31.399
<v Speaker 2>all sorts of stuff going on there. Look fine on

0:27:31.440 --> 0:27:35.200
<v Speaker 2>the outside, you know, it's pretty, got flowers and everything,

0:27:35.240 --> 0:27:38.720
<v Speaker 2>but inside it's the abyss.

0:27:39.119 --> 0:27:40.399
<v Speaker 4>So that's where death Row is.

0:27:40.600 --> 0:27:43.160
<v Speaker 2>When I meet people in prison for the first time,

0:27:43.240 --> 0:27:45.440
<v Speaker 2>I try to be just totally open. So that was

0:27:45.480 --> 0:27:51.520
<v Speaker 2>my approach with Joe. And although clearly he had some issues,

0:27:52.400 --> 0:27:55.679
<v Speaker 2>he was also a very bright guy. I really felt like,

0:27:56.400 --> 0:27:59.280
<v Speaker 2>here's a guy who could help us. We got a

0:27:59.320 --> 0:28:02.560
<v Speaker 2>ways to go before we get there, that this guy

0:28:02.720 --> 0:28:07.720
<v Speaker 2>can actually really help us, and after Frank's execution, I

0:28:07.800 --> 0:28:11.560
<v Speaker 2>looked around the state of Virginia. Then you've got virtually

0:28:11.680 --> 0:28:15.760
<v Speaker 2>no organized opposition in the entire state of the death penalty.

0:28:16.640 --> 0:28:20.080
<v Speaker 2>There are no lawyers involved, and I'm just shaking my head.

0:28:20.119 --> 0:28:23.320
<v Speaker 2>So I directed the Southern Coalitional Jails and Prisons. We're

0:28:23.359 --> 0:28:26.880
<v Speaker 2>fighting mass incarceration in the death penalty, so I said,

0:28:26.920 --> 0:28:29.520
<v Speaker 2>I think we need to expand in Virginia. It's a

0:28:29.520 --> 0:28:31.920
<v Speaker 2>woman named Marie Deans who wants to do this. Let's

0:28:32.000 --> 0:28:35.760
<v Speaker 2>hire and set up the Virginia Coalitional Jails and Prisons

0:28:35.800 --> 0:28:39.560
<v Speaker 2>and hire Marie Deans to do that work. The decider

0:28:39.840 --> 0:28:45.040
<v Speaker 2>was the total absence of help for guys like Joe Jarontana,

0:28:45.240 --> 0:28:49.720
<v Speaker 2>I mean, zero help. So that's what Marie walked into

0:28:49.920 --> 0:28:52.680
<v Speaker 2>and began her amazing work to help all these guys

0:28:53.120 --> 0:28:53.440
<v Speaker 2>for you.

0:28:53.560 --> 0:28:56.680
<v Speaker 1>At this point, Joe, at the point that your pads crossed,

0:28:57.080 --> 0:28:58.520
<v Speaker 1>you had already given up.

0:29:00.120 --> 0:29:03.000
<v Speaker 3>Well, Joe was a nice guy, but he couldn't convince

0:29:03.040 --> 0:29:05.360
<v Speaker 3>me to pick up my peels. I was determined, but

0:29:05.480 --> 0:29:08.400
<v Speaker 3>he had a secret weapon. He set readings and I

0:29:08.440 --> 0:29:10.680
<v Speaker 3>was in the death house. They had moved me to

0:29:10.720 --> 0:29:13.720
<v Speaker 3>the Open's ind and State penitentiary on Spring Street, an

0:29:13.720 --> 0:29:16.120
<v Speaker 3>old Civil War prier was a little green from MI

0:29:16.240 --> 0:29:20.360
<v Speaker 3>the top table and two chairs. Immediately to the right

0:29:20.440 --> 0:29:25.280
<v Speaker 3>of that there was a big, huge oak door and

0:29:25.360 --> 0:29:28.520
<v Speaker 3>behind that door was the chair. They had the entry

0:29:28.520 --> 0:29:30.800
<v Speaker 3>on the other side. They'd walked the prisoner in strap

0:29:30.880 --> 0:29:34.120
<v Speaker 3>and then execute them and then bring them out that

0:29:34.200 --> 0:29:37.080
<v Speaker 3>door and set them on that table to cool off

0:29:37.120 --> 0:29:40.640
<v Speaker 3>table and basically put sandbags on them to stretch them out.

0:29:40.760 --> 0:29:44.880
<v Speaker 3>And that's where we and Marine met, but that's where

0:29:44.880 --> 0:29:49.480
<v Speaker 3>we ate lunch. My first meeting with Marie was intense.

0:29:49.720 --> 0:29:54.480
<v Speaker 3>I remember a woman came through some administrator in the

0:29:54.520 --> 0:29:57.760
<v Speaker 3>prison and pardon me, we was saying this. She had

0:29:57.760 --> 0:30:01.840
<v Speaker 3>a big butt and I commented on that, and Marie

0:30:01.920 --> 0:30:04.520
<v Speaker 3>doubts me the hot cup of coffee. I looked at

0:30:04.560 --> 0:30:06.520
<v Speaker 3>her and I said, woman, are you crazy? Don't you

0:30:06.560 --> 0:30:09.920
<v Speaker 3>know them on death row I could kill you? And

0:30:09.960 --> 0:30:12.040
<v Speaker 3>she just last she said, you're not gonna hurt anybody.

0:30:12.600 --> 0:30:15.240
<v Speaker 3>We talked and she convinced me to pick up my pills.

0:30:16.120 --> 0:30:18.880
<v Speaker 3>She found her in attorney to represent me Lloyd Snook

0:30:21.240 --> 0:30:22.400
<v Speaker 3>fresh out of law school.

0:30:23.360 --> 0:30:26.440
<v Speaker 1>Now you're in the process getting off of drugs and

0:30:26.480 --> 0:30:29.520
<v Speaker 1>you're also opening up law books on your own.

0:30:29.720 --> 0:30:32.440
<v Speaker 3>My mother introduced me to drugs. Marie got me off

0:30:32.480 --> 0:30:35.720
<v Speaker 3>the drugs and introduced me to books, and I began reading,

0:30:36.280 --> 0:30:41.040
<v Speaker 3>and I started picking up law books, and Virginia was

0:30:41.080 --> 0:30:45.600
<v Speaker 3>getting ready to execute another man mentally challenged black gentleman

0:30:45.720 --> 0:30:48.920
<v Speaker 3>named Earl Washington. Marie said, you know, we have no

0:30:49.000 --> 0:30:53.160
<v Speaker 3>attorneys to represent these guys. They're setting execution dates. You

0:30:53.280 --> 0:30:55.360
<v Speaker 3>need to figure out how to get them stays. You

0:30:55.400 --> 0:30:58.560
<v Speaker 3>need to learn to teach yourself how to help these guys.

0:30:59.080 --> 0:31:02.440
<v Speaker 3>And that's what I I was finally states of execution,

0:31:02.800 --> 0:31:06.560
<v Speaker 3>not just in Earl's case, but several of the other guys.

0:31:06.560 --> 0:31:07.080
<v Speaker 3>I'm brown.

0:31:08.400 --> 0:31:11.560
<v Speaker 1>What was that awakening like for you? At what point

0:31:11.680 --> 0:31:15.400
<v Speaker 1>did you start seeing beyond your own day to day

0:31:15.720 --> 0:31:17.960
<v Speaker 1>to the point where you wanted to help others?

0:31:18.320 --> 0:31:22.800
<v Speaker 3>Aside from Marie, there was one very memorable incident while

0:31:22.840 --> 0:31:25.240
<v Speaker 3>I was in the death house. The head of the

0:31:25.320 --> 0:31:29.160
<v Speaker 3>execution squad, Captain Parker, Anthony Parker, he asked that you

0:31:29.160 --> 0:31:32.080
<v Speaker 3>could pray with I said, sure, go ahead, and I

0:31:32.160 --> 0:31:35.400
<v Speaker 3>looked into his eyes and what I saw was my

0:31:35.480 --> 0:31:42.920
<v Speaker 3>own reflection, and I realized at that point that Marie

0:31:43.080 --> 0:31:49.400
<v Speaker 3>was right, this was wrong, and I began working to

0:31:49.440 --> 0:31:50.680
<v Speaker 3>stop Earl's execution.

0:31:55.160 --> 0:31:58.160
<v Speaker 1>You're listening to Wrongful Conviction with Lauren Bright Pitch Ecko.

0:31:58.560 --> 0:32:00.560
<v Speaker 1>You can listen to this and all all the Lava

0:32:00.600 --> 0:32:04.160
<v Speaker 1>for Good podcasts one week early and ad free by

0:32:04.160 --> 0:32:18.400
<v Speaker 1>subscribing to Lava for Good Plus on Apple Podcasts. In

0:32:18.480 --> 0:32:21.800
<v Speaker 1>terms of law in general, you got to the point

0:32:21.800 --> 0:32:27.360
<v Speaker 1>where you were noted as a legal scholar, to the

0:32:27.400 --> 0:32:31.240
<v Speaker 1>point that you were actually published in the Yale Law Journal.

0:32:31.400 --> 0:32:35.440
<v Speaker 3>Yes, I was invited to write an article for your help.

0:32:36.120 --> 0:32:41.080
<v Speaker 3>It was their centennial edition, a special edition. But I

0:32:41.240 --> 0:32:44.000
<v Speaker 3>was convinced that Earl, and by this time we had

0:32:44.080 --> 0:32:48.160
<v Speaker 3>DNA and Earl's case was another interesting case. It was

0:32:48.200 --> 0:32:51.760
<v Speaker 3>a police raper confession. They actually took him to the

0:32:51.800 --> 0:32:55.040
<v Speaker 3>crime scene and pointed everything out to him, and Earl

0:32:55.200 --> 0:33:01.040
<v Speaker 3>just said okay and landed on death roAP, falseley confession

0:33:01.120 --> 0:33:01.480
<v Speaker 3>to crime.

0:33:01.720 --> 0:33:06.840
<v Speaker 4>And remember Earle is mentally challenged, yes, and.

0:33:06.800 --> 0:33:10.880
<v Speaker 1>Had mental illness on top of addiction as well. Ultimately,

0:33:11.200 --> 0:33:15.120
<v Speaker 1>Washington would be exonerated a year after another man confessed

0:33:15.160 --> 0:33:18.240
<v Speaker 1>to having committed the murder, but not before he served

0:33:18.400 --> 0:33:23.120
<v Speaker 1>seventeen years and came within nine days of being executed

0:33:23.520 --> 0:33:26.240
<v Speaker 1>and arguing with both of your help his case all

0:33:26.280 --> 0:33:29.240
<v Speaker 1>the way up to the Supreme Court. Now back to

0:33:29.320 --> 0:33:33.800
<v Speaker 1>Joe's legal situation. When you two first met, I was.

0:33:33.800 --> 0:33:37.360
<v Speaker 2>Really disturbed at the mess of his case. I mean,

0:33:37.440 --> 0:33:42.120
<v Speaker 2>his case was just one of the worst I'd ever seen,

0:33:42.520 --> 0:33:49.440
<v Speaker 2>and so far off any map of proper judiciary conduct

0:33:49.760 --> 0:33:52.920
<v Speaker 2>that it was abominable. So I felt like he could

0:33:52.960 --> 0:33:57.640
<v Speaker 2>help us and we could help him.

0:33:58.240 --> 0:34:01.480
<v Speaker 1>Joe, what for you was the moment where you had

0:34:01.600 --> 0:34:07.280
<v Speaker 1>the aha shift that you actually were innocent.

0:34:08.200 --> 0:34:12.080
<v Speaker 3>Well, we got the labor word from the forensic expert

0:34:12.120 --> 0:34:15.000
<v Speaker 3>who tested the boots, and she gave us an affidavit

0:34:15.080 --> 0:34:18.360
<v Speaker 3>and said the blood on the boot is not Jose.

0:34:19.239 --> 0:34:22.640
<v Speaker 3>She said, if his boots had stepped in the blood,

0:34:23.440 --> 0:34:26.439
<v Speaker 3>it couldn't have been washed off. She said, there would

0:34:26.480 --> 0:34:29.759
<v Speaker 3>have been evidence of it. There's nothing there. That was

0:34:30.120 --> 0:34:32.520
<v Speaker 3>the point for me that I said, Okay, I didn't

0:34:32.520 --> 0:34:34.480
<v Speaker 3>do this. It was the blood that convinced me that

0:34:34.600 --> 0:34:37.680
<v Speaker 3>I did it, And now I know it's not their blood.

0:34:39.080 --> 0:34:41.800
<v Speaker 3>And this was like the nineteen eighty five she was

0:34:42.160 --> 0:34:44.960
<v Speaker 3>willing to testify in court. And this is where as

0:34:45.040 --> 0:34:48.319
<v Speaker 3>Joe said, my case was a mess because of my

0:34:48.440 --> 0:34:51.719
<v Speaker 3>quarter pointed tourney. He handled my direct appeal, but he

0:34:51.800 --> 0:34:55.040
<v Speaker 3>didn't raise anything. And in Virginia at the time, if

0:34:55.040 --> 0:34:58.360
<v Speaker 3>you didn't raise all your issues in your direct appeal,

0:34:59.000 --> 0:35:03.560
<v Speaker 3>they were waiting raise them Habeus corpus. So my appeals

0:35:03.560 --> 0:35:05.719
<v Speaker 3>were never hurt. Not my state, Havi, it's not my

0:35:05.760 --> 0:35:08.839
<v Speaker 3>federal haters. They were never heard. The issues weren't hurt.

0:35:09.520 --> 0:35:13.360
<v Speaker 3>So the facts of my case and the constitutional violations

0:35:13.360 --> 0:35:15.240
<v Speaker 3>of my case were never considered.

0:35:15.880 --> 0:35:17.800
<v Speaker 1>And then you open up that file and you realize

0:35:17.800 --> 0:35:21.200
<v Speaker 1>that there's discrepancy as to whether or not the person

0:35:21.239 --> 0:35:23.000
<v Speaker 1>who committed the murdered would have been right handed or

0:35:23.080 --> 0:35:26.360
<v Speaker 1>left handed, and it's at odds with the reality.

0:35:26.560 --> 0:35:29.440
<v Speaker 3>I'm left handed. I've got a neurological deficit on my

0:35:29.560 --> 0:35:34.760
<v Speaker 3>right side from being beaten ahead so much as a kid. Yeah,

0:35:35.000 --> 0:35:37.160
<v Speaker 3>if I used this hand, my right hand, and I

0:35:37.280 --> 0:35:39.720
<v Speaker 3>dragged my right foot, so if I had a stepped

0:35:39.719 --> 0:35:43.640
<v Speaker 3>in anything, it would have been smeared all over. And

0:35:43.680 --> 0:35:47.040
<v Speaker 3>then we found out that none of the physical evidence

0:35:47.040 --> 0:35:51.280
<v Speaker 3>actually matched me, So we tried raising that, but Virginia

0:35:51.320 --> 0:35:54.520
<v Speaker 3>had what's called twenty one day would any new evidence

0:35:54.520 --> 0:35:56.920
<v Speaker 3>in the case had to be raised within twenty one

0:35:57.040 --> 0:36:01.319
<v Speaker 3>days of the final conviction. If you raise it on

0:36:01.360 --> 0:36:03.560
<v Speaker 3>the twenty second day, it's forever bought.

0:36:05.160 --> 0:36:07.720
<v Speaker 1>So it doesn't matter if you're innocent, doesn't matter.

0:36:07.840 --> 0:36:11.520
<v Speaker 3>In fact, this is the exact quote from the state

0:36:11.560 --> 0:36:16.320
<v Speaker 3>Attorney General at that time, MARYS. Terry. Evidence of innocence

0:36:16.400 --> 0:36:22.360
<v Speaker 3>is they're relative under Virginia procedural law, and every court

0:36:22.480 --> 0:36:25.640
<v Speaker 3>from that point on adhere to that. They said they

0:36:25.680 --> 0:36:29.239
<v Speaker 3>could not intervene. Luckily we got that rule loose and

0:36:29.360 --> 0:36:32.160
<v Speaker 3>later with Earl's case, took some years, but we got

0:36:32.160 --> 0:36:37.000
<v Speaker 3>it done. But and then DNA comes about, so we

0:36:37.080 --> 0:36:40.759
<v Speaker 3>check with the lab. We Marie digs to the records.

0:36:41.000 --> 0:36:44.040
<v Speaker 3>She realized that the lab retained some of the evidence.

0:36:45.200 --> 0:36:47.839
<v Speaker 3>So we go back to court to Norfolk. We put

0:36:47.920 --> 0:36:50.759
<v Speaker 3>the medical examiner on the stand. He said, yes, we

0:36:50.920 --> 0:36:54.200
<v Speaker 3>retain the evidence, but we can't find it. So the

0:36:54.239 --> 0:36:56.440
<v Speaker 3>lawyer asked, have you lost it? He said, no, we

0:36:56.480 --> 0:36:58.359
<v Speaker 3>haven't lost it, we just don't know where it's at.

0:36:59.080 --> 0:37:02.680
<v Speaker 3>And the judge said, well, I'm going to have to

0:37:02.719 --> 0:37:05.560
<v Speaker 3>dismiss this case without prejudice, and if y'all ever find

0:37:06.560 --> 0:37:09.960
<v Speaker 3>the evidence, you can come back to this day. It's

0:37:10.040 --> 0:37:10.760
<v Speaker 3>never been found.

0:37:12.160 --> 0:37:16.760
<v Speaker 1>Yeah, which seems very convenient. Again, it's the murders happened

0:37:16.760 --> 0:37:19.720
<v Speaker 1>in seventy nine, and it's a full decade before DNA

0:37:20.560 --> 0:37:24.319
<v Speaker 1>is of true use in terms of how it can

0:37:24.400 --> 0:37:29.080
<v Speaker 1>be used in these sort of cases. And they conveniently

0:37:29.760 --> 0:37:30.840
<v Speaker 1>lose everything.

0:37:30.920 --> 0:37:33.200
<v Speaker 3>They lose by they said they haven't lost, They just

0:37:33.200 --> 0:37:34.279
<v Speaker 3>said they can't find it.

0:37:34.840 --> 0:37:38.520
<v Speaker 1>They still haven't. Just breeks of corruption.

0:37:40.040 --> 0:37:43.839
<v Speaker 2>We need to think about Joe's situation because it's not

0:37:44.360 --> 0:37:48.160
<v Speaker 2>a one off. I mean, this happens again and again

0:37:48.200 --> 0:37:51.720
<v Speaker 2>and again. I've seen it personally. It all makes sense

0:37:51.760 --> 0:37:54.360
<v Speaker 2>if you look at the system as a killing machine.

0:37:54.640 --> 0:37:57.600
<v Speaker 2>That's what it's about. It's not about helping Joe, Jorantano,

0:37:57.719 --> 0:38:00.680
<v Speaker 2>it's not about grain in clemency in some cases, it's

0:38:00.680 --> 0:38:03.680
<v Speaker 2>not about any of that. It's all about killing people.

0:38:04.520 --> 0:38:08.160
<v Speaker 2>And so that's the context for this work and you

0:38:08.239 --> 0:38:11.719
<v Speaker 2>have to understand that. And once you see that, it

0:38:11.840 --> 0:38:16.320
<v Speaker 2>all kind of makes a sickening sense. And so that's

0:38:16.400 --> 0:38:18.279
<v Speaker 2>the way Joe and I got to know each other.

0:38:18.360 --> 0:38:21.520
<v Speaker 2>We're in a context of me visiting him at Mecklenburg,

0:38:22.719 --> 0:38:27.840
<v Speaker 2>of a relationship growing. Then he gets in all his

0:38:28.200 --> 0:38:31.719
<v Speaker 2>escapades with the Virginia Department of Corrections who fly him

0:38:31.719 --> 0:38:34.680
<v Speaker 2>all over the freaking country because they don't know what

0:38:34.719 --> 0:38:39.279
<v Speaker 2>to do with him. His his nonviolent witness and his

0:38:40.040 --> 0:38:43.560
<v Speaker 2>legal effectiveness has freaked him out. So they're putting them

0:38:43.600 --> 0:38:45.800
<v Speaker 2>on airplanes in the middle of the night and flying

0:38:45.840 --> 0:38:46.760
<v Speaker 2>him into Utah.

0:38:47.520 --> 0:38:49.520
<v Speaker 4>Not just an.

0:38:49.440 --> 0:38:52.240
<v Speaker 3>Airplane, the Governor's personal of jet.

0:38:52.960 --> 0:38:55.680
<v Speaker 2>So I mean it's like it's macab This whole thing

0:38:55.760 --> 0:38:56.400
<v Speaker 2>is crazy.

0:38:56.520 --> 0:38:58.319
<v Speaker 4>So through all of this.

0:38:58.600 --> 0:39:01.360
<v Speaker 1>They're hoping, hoping you can get killed in the process

0:39:01.440 --> 0:39:02.160
<v Speaker 1>or just die.

0:39:02.560 --> 0:39:02.880
<v Speaker 3>Yeah.

0:39:02.920 --> 0:39:06.560
<v Speaker 2>Absolutely, Yeah, that's the whole point. It's killing machine.

0:39:07.080 --> 0:39:09.600
<v Speaker 1>I kept thinking of the twenty third Psalm. Both of

0:39:09.680 --> 0:39:13.760
<v Speaker 1>you really met in the Valley of the Shadow of Death.

0:39:14.000 --> 0:39:18.800
<v Speaker 3>We were trenches, that's what we call We were in

0:39:18.880 --> 0:39:24.000
<v Speaker 3>the trenches. Yeah, and there I was. I'm going up

0:39:24.040 --> 0:39:29.120
<v Speaker 3>against attorney general's system, attorney generals, judges, I'm going up

0:39:29.120 --> 0:39:36.239
<v Speaker 3>against skilled the terms, and frankly, I was kicking the

0:39:36.360 --> 0:39:39.040
<v Speaker 3>asses and every turn.

0:39:39.920 --> 0:39:42.239
<v Speaker 1>Well, I mean, how what would that must have been

0:39:42.320 --> 0:39:45.040
<v Speaker 1>like on the other end of it for you, Reverend Joe,

0:39:45.239 --> 0:39:50.520
<v Speaker 1>You know, fighting for someone's life really and at the

0:39:50.560 --> 0:39:55.280
<v Speaker 1>same time realizing that their life is in constant flux

0:39:55.320 --> 0:39:57.800
<v Speaker 1>and jeopardy aside from the chair.

0:39:58.560 --> 0:40:01.239
<v Speaker 2>Well, it's a battle. I think when you think of

0:40:02.000 --> 0:40:04.919
<v Speaker 2>our fight against the death penalting those terms, that makes sense.

0:40:05.000 --> 0:40:07.640
<v Speaker 2>Joe says, we're in the trenches. We're literally in the trenches.

0:40:08.320 --> 0:40:11.000
<v Speaker 2>We're being shot at. They're trying to kill us, they're

0:40:11.040 --> 0:40:13.640
<v Speaker 2>trying to kill him, They're trying to do whatever they

0:40:13.680 --> 0:40:16.960
<v Speaker 2>can to deter me. You get death threats, you get

0:40:17.000 --> 0:40:20.359
<v Speaker 2>all this stuff. That's just part of it. And I

0:40:20.360 --> 0:40:25.320
<v Speaker 2>think the reality is the ancient Greeks they had people

0:40:25.360 --> 0:40:28.880
<v Speaker 2>who would come from the battle and report back the

0:40:28.960 --> 0:40:33.359
<v Speaker 2>results of the battle. They were called battle singers. That's

0:40:33.360 --> 0:40:36.719
<v Speaker 2>what Joe and I are now. We are battle singers.

0:40:36.880 --> 0:40:39.920
<v Speaker 2>We have been in the war and we are now

0:40:40.040 --> 0:40:43.719
<v Speaker 2>singing about what is actually happening. And that's what I

0:40:43.800 --> 0:40:46.600
<v Speaker 2>try to do in the book to let people know

0:40:46.960 --> 0:40:50.719
<v Speaker 2>what is actually happening in the criminal legal system that

0:40:50.760 --> 0:40:56.320
<v Speaker 2>we call the killing machine. And that's what's so important

0:40:56.360 --> 0:41:00.720
<v Speaker 2>for people to understand that, by the great of God

0:41:00.920 --> 0:41:03.960
<v Speaker 2>and a lot of effort, Joe Garontino is talking with

0:41:04.040 --> 0:41:08.880
<v Speaker 2>us today. If you had asked me in nineteen eighty

0:41:08.960 --> 0:41:12.160
<v Speaker 2>two what I thought the chances of that it were,

0:41:12.280 --> 0:41:16.120
<v Speaker 2>I would have said slim and none, not only for today,

0:41:16.200 --> 0:41:20.200
<v Speaker 2>but maybe the next year, because that's how bad it was.

0:41:21.680 --> 0:41:24.680
<v Speaker 1>Can you tell me the story of at one point

0:41:24.719 --> 0:41:31.000
<v Speaker 1>you gifted Joe with a replica of cross that you carry.

0:41:31.360 --> 0:41:34.480
<v Speaker 2>Yes, it's the symbol of the Committee of Southern Churchmen,

0:41:34.520 --> 0:41:37.360
<v Speaker 2>and it's the symbol of the world with an equal

0:41:37.400 --> 0:41:40.560
<v Speaker 2>marks in it. And then the cross is on top

0:41:40.640 --> 0:41:43.520
<v Speaker 2>of that, and it means we're all equal in the

0:41:43.560 --> 0:41:44.640
<v Speaker 2>world under the cross.

0:41:44.719 --> 0:41:45.920
<v Speaker 4>It's as simple as that.

0:41:46.040 --> 0:41:50.440
<v Speaker 2>And we all are and that's what we need to

0:41:50.480 --> 0:41:54.400
<v Speaker 2>act on the basis of. And it goes back to

0:41:54.480 --> 0:41:56.640
<v Speaker 2>my first trip to the Bronx of Detention when I

0:41:56.680 --> 0:41:59.919
<v Speaker 2>realized I'm all equal to these guys. You know, we're

0:42:01.320 --> 0:42:05.560
<v Speaker 2>I come into prison to meet people, to get to

0:42:05.560 --> 0:42:09.319
<v Speaker 2>know Jesus. That's who we're talking about here. That's what

0:42:09.360 --> 0:42:10.200
<v Speaker 2>it's all about.

0:42:10.920 --> 0:42:12.680
<v Speaker 3>The last time I was in the death House, I

0:42:12.760 --> 0:42:13.920
<v Speaker 3>was wearing that cross.

0:42:14.600 --> 0:42:19.120
<v Speaker 1>Now I read that you then eventually were robbed and

0:42:19.200 --> 0:42:20.319
<v Speaker 1>someone took it from you.

0:42:20.640 --> 0:42:26.000
<v Speaker 3>Yes, that was after I got off death row. I was.

0:42:26.200 --> 0:42:28.600
<v Speaker 3>I left the death House. It brought me straight to

0:42:29.960 --> 0:42:35.000
<v Speaker 3>Power Tech Wrexable Center h exactly what we call it

0:42:35.040 --> 0:42:39.880
<v Speaker 3>the slaughter house. People died there every day. I was

0:42:39.920 --> 0:42:42.759
<v Speaker 3>there two days, two guys came to my shell with

0:42:42.880 --> 0:42:48.839
<v Speaker 3>nines and threatened to kill me. Took the cross, I

0:42:48.880 --> 0:42:50.560
<v Speaker 3>took a few canteen tickets I had.

0:42:52.239 --> 0:42:56.080
<v Speaker 1>It seems to be a strange coincidence too, that.

0:42:57.800 --> 0:43:01.360
<v Speaker 3>Yeah, because some of the guards that worked that unit

0:43:01.520 --> 0:43:04.759
<v Speaker 3>were alled the Desk Walk. The Desk Walk with volunteers.

0:43:06.120 --> 0:43:08.920
<v Speaker 1>Now, I just want to clarify because you're talking about

0:43:09.040 --> 0:43:12.400
<v Speaker 1>the fact that in nineteen ninety one, the then Governor

0:43:12.840 --> 0:43:19.040
<v Speaker 1>Douglas Wilder commuted your sentence to life with a part

0:43:19.040 --> 0:43:22.040
<v Speaker 1>in sentencing you to life imprisonment with a recommendation for

0:43:22.120 --> 0:43:26.200
<v Speaker 1>a new trial and the possibility of parole after twenty.

0:43:26.040 --> 0:43:29.680
<v Speaker 3>Five years, which was unhurt and given the.

0:43:29.600 --> 0:43:32.040
<v Speaker 1>Time that you'd already served, it would have been parole

0:43:32.280 --> 0:43:35.800
<v Speaker 1>in thirteen years. And that didn't sit well with.

0:43:35.680 --> 0:43:38.200
<v Speaker 3>A lot of people. For some people didn't sit well

0:43:38.239 --> 0:43:42.719
<v Speaker 3>with me. When Marie walked into death House, she had

0:43:43.480 --> 0:43:45.880
<v Speaker 3>the draft of his order. She showed it to me.

0:43:46.040 --> 0:43:48.799
<v Speaker 3>She said, you want I said, let me see the

0:43:48.920 --> 0:43:51.560
<v Speaker 3>order and I read it and I said I'm not

0:43:51.640 --> 0:43:55.240
<v Speaker 3>accepting it. I said, the new trial will never happen

0:43:56.440 --> 0:44:03.040
<v Speaker 3>and it didn't. That's Marris you Terry's famous quote. And

0:44:03.080 --> 0:44:08.719
<v Speaker 3>I said, they'll never parole, and marieka something she had

0:44:08.760 --> 0:44:12.880
<v Speaker 3>never done. She'd never asked me for anything. She said, Joe,

0:44:13.200 --> 0:44:17.839
<v Speaker 3>you have to do it for me. I accepted. Mary

0:44:18.120 --> 0:44:20.800
<v Speaker 3>Terry came out with her evidence of entis Is it

0:44:20.840 --> 0:44:25.160
<v Speaker 3>irrelevant everything I said what happened would happen. I'll get

0:44:25.200 --> 0:44:27.719
<v Speaker 3>into the parole thing later, because that's a whole other

0:44:27.840 --> 0:44:28.720
<v Speaker 3>interesting story.

0:44:29.800 --> 0:44:32.280
<v Speaker 1>Yeah, because I was going to say that that. Okay,

0:44:32.360 --> 0:44:34.920
<v Speaker 1>so you find out that you're not going to be

0:44:34.920 --> 0:44:37.160
<v Speaker 1>put to death, but you still have life in prison,

0:44:38.040 --> 0:44:41.240
<v Speaker 1>and you're sent to a place that in some ways

0:44:41.320 --> 0:44:42.320
<v Speaker 1>is just as deadly.

0:44:42.600 --> 0:44:43.920
<v Speaker 3>I was sent there to be killed.

0:44:45.480 --> 0:44:49.759
<v Speaker 1>And so immediately you're robbed. You were stabbed at one point.

0:44:50.160 --> 0:44:51.760
<v Speaker 3>I was stabbed the next prison.

0:44:53.440 --> 0:44:56.600
<v Speaker 1>So you're robbed, you're stabbed, and then at one point

0:44:56.640 --> 0:45:02.279
<v Speaker 1>you actually lose a leg because of the lack of

0:45:02.400 --> 0:45:03.280
<v Speaker 1>medical treatment.

0:45:03.840 --> 0:45:06.919
<v Speaker 3>They had me trying to remember where I was at

0:45:07.040 --> 0:45:08.040
<v Speaker 3>at the time. I can't.

0:45:08.400 --> 0:45:10.759
<v Speaker 2>So while you're thinking, let me just say, lack of

0:45:10.880 --> 0:45:16.239
<v Speaker 2>medical treatment is a severe understatement here, Okay.

0:45:16.120 --> 0:45:16.440
<v Speaker 3>I know.

0:45:17.920 --> 0:45:21.920
<v Speaker 1>Absolutely, because it was intentional neglect and abuse.

0:45:22.040 --> 0:45:27.120
<v Speaker 3>Really correct, heaven a cell. I've been on a hunger strike.

0:45:28.239 --> 0:45:30.319
<v Speaker 3>Actually hunger struck my way all the way across the

0:45:30.360 --> 0:45:34.359
<v Speaker 3>country to get back to Virginia. I went to stand up,

0:45:34.400 --> 0:45:37.160
<v Speaker 3>fell flat on my face, and they just left me

0:45:37.239 --> 0:45:39.759
<v Speaker 3>laying around for doctors came in and looked at me

0:45:39.760 --> 0:45:42.799
<v Speaker 3>and said, just leave me. A psychiatrist came through. A

0:45:42.880 --> 0:45:45.880
<v Speaker 3>visiting psychiatrist came through, saw me laying on the floor,

0:45:46.560 --> 0:45:48.959
<v Speaker 3>came in and took one look at me and said,

0:45:48.960 --> 0:45:51.080
<v Speaker 3>you need to get this man to the hospital now.

0:45:52.360 --> 0:45:55.879
<v Speaker 3>The local hospital said we can't deal with it. It's too

0:45:55.920 --> 0:45:59.400
<v Speaker 3>severe for us. You have to fly to MCB and Richard.

0:46:01.520 --> 0:46:06.640
<v Speaker 3>They decided not to fly. They drove seven and a

0:46:06.680 --> 0:46:11.719
<v Speaker 3>half hours to Richmond. I get to Richmond. One of

0:46:11.760 --> 0:46:14.160
<v Speaker 3>the young guards I'll never forgetting his name was most

0:46:14.880 --> 0:46:17.640
<v Speaker 3>really nice kid. He looked at me and he said, Joe,

0:46:17.840 --> 0:46:23.040
<v Speaker 3>you know you're supposed to die and rout. They rolled

0:46:23.040 --> 0:46:25.280
<v Speaker 3>me into the hospital. They made me sign paper stamp

0:46:25.320 --> 0:46:28.640
<v Speaker 3>to take both my legs. They were able to shave

0:46:28.680 --> 0:46:30.800
<v Speaker 3>my left leg at the last minute.

0:46:31.880 --> 0:46:35.320
<v Speaker 1>So that seven hour that seven hour drive was basically

0:46:35.400 --> 0:46:38.560
<v Speaker 1>supposed to kill you, supposed to which would have made

0:46:39.040 --> 0:46:47.800
<v Speaker 1>your legal expertise and your fight for freedom miraculously disappear exactly.

0:46:48.480 --> 0:46:50.719
<v Speaker 3>He told me, Joe, you were supposed to die and rot.

0:46:53.080 --> 0:46:58.240
<v Speaker 1>How did you keep persevering? Where did you get the strength.

0:46:59.560 --> 0:46:59.960
<v Speaker 4>Anger?

0:47:00.320 --> 0:47:03.280
<v Speaker 3>Just looking at the system and seeing what was happening

0:47:03.800 --> 0:47:06.320
<v Speaker 3>and recognizing How I got the skill? I don't know.

0:47:06.640 --> 0:47:08.920
<v Speaker 3>I mean I took to the law like a fish

0:47:08.960 --> 0:47:12.480
<v Speaker 3>takes to water, and I realized I had a talent

0:47:12.560 --> 0:47:17.080
<v Speaker 3>that I never knew. I had readings and Joey, they

0:47:17.080 --> 0:47:20.080
<v Speaker 3>were manners and they were my strength, and without them,

0:47:20.120 --> 0:47:21.279
<v Speaker 3>it wouldn't have happened.

0:47:21.040 --> 0:47:23.640
<v Speaker 4>You or my brother, Joe. It's as simple as that.

0:47:24.719 --> 0:47:25.520
<v Speaker 3>Yes, we are.

0:47:26.840 --> 0:47:26.920
<v Speaker 4>So.

0:47:27.440 --> 0:47:35.640
<v Speaker 1>Finally, on November twentyth, in twenty seventeen, twenty six years

0:47:35.840 --> 0:47:40.600
<v Speaker 1>after Governor Wilder had commuted your death sentence to life,

0:47:40.960 --> 0:47:46.600
<v Speaker 1>the Virginia State Parole Board finally voted to grant you parole.

0:47:47.600 --> 0:47:51.239
<v Speaker 1>Can you, gentlemen, take me to that moment and what

0:47:51.440 --> 0:47:52.960
<v Speaker 1>that meant for both.

0:47:52.760 --> 0:48:00.359
<v Speaker 3>Of you relief. I was at Deerfield Correctional Center where

0:48:00.400 --> 0:48:04.200
<v Speaker 3>they send Jerry Actor prisoners in the dormitory style prison.

0:48:04.239 --> 0:48:07.200
<v Speaker 3>It was a nightmare there as well. I was released

0:48:07.200 --> 0:48:11.160
<v Speaker 3>five days before Christmas. Marie wasn't there to see it,

0:48:12.160 --> 0:48:15.200
<v Speaker 3>but lawyers, a lot of folks there. I stepped out.

0:48:15.360 --> 0:48:18.359
<v Speaker 3>I was using a walker. I had a different leg

0:48:18.440 --> 0:48:21.440
<v Speaker 3>than the one I had, basically a peg leg, almost,

0:48:21.640 --> 0:48:24.920
<v Speaker 3>and I wheeled myself out the door, and I couldn't

0:48:24.920 --> 0:48:32.359
<v Speaker 3>believe it, like I felt lighter than there. But I

0:48:32.360 --> 0:48:34.320
<v Speaker 3>immediately stepped out the door and went to work with

0:48:34.440 --> 0:48:39.200
<v Speaker 3>the Innocence Project at the University of Virginia. I was

0:48:39.280 --> 0:48:43.160
<v Speaker 3>hired to clean up their back lagger cases. When I

0:48:43.200 --> 0:48:46.120
<v Speaker 3>finished with that, after about almost two years, I went

0:48:46.160 --> 0:48:48.279
<v Speaker 3>to work for a small law firroom. I was in

0:48:48.320 --> 0:48:52.480
<v Speaker 3>and out of courtrooms all over Virginia. I think I've

0:48:52.480 --> 0:48:54.200
<v Speaker 3>been to every courthouse in Virginia.

0:48:55.280 --> 0:49:00.000
<v Speaker 1>You've also lectured at University of Virginia, American University, Universe

0:49:00.480 --> 0:49:01.600
<v Speaker 1>of Richmond.

0:49:02.160 --> 0:49:08.480
<v Speaker 3>New York University Albany, probably a few about the death penalty.

0:49:09.320 --> 0:49:11.000
<v Speaker 3>And I think I want over some people.

0:49:11.440 --> 0:49:12.080
<v Speaker 1>That's amazing.

0:49:12.120 --> 0:49:14.400
<v Speaker 3>I don't go. I don't go to preach to the choir.

0:49:15.040 --> 0:49:17.919
<v Speaker 3>I don't have time to preach to the choir. Give

0:49:17.960 --> 0:49:18.640
<v Speaker 3>me the people to.

0:49:18.680 --> 0:49:21.720
<v Speaker 1>Believe in it, and you can change their minds.

0:49:22.200 --> 0:49:23.719
<v Speaker 3>I gave a lot of talks like that.

0:49:25.280 --> 0:49:29.960
<v Speaker 1>So, Reverend Joe, I haven't gotten your take on when

0:49:30.040 --> 0:49:33.440
<v Speaker 1>you found out that he had been granted parole.

0:49:34.000 --> 0:49:38.960
<v Speaker 2>Well, I was elated because, like Marie, you know, I

0:49:38.960 --> 0:49:43.279
<v Speaker 2>can appreciate Joe not wanting a conditional pardon, but look,

0:49:44.200 --> 0:49:47.040
<v Speaker 2>you grab whatever straw you can get and then you

0:49:47.120 --> 0:49:48.520
<v Speaker 2>worry about the next problem.

0:49:48.640 --> 0:49:51.880
<v Speaker 4>At least you've got that one. Uh.

0:49:52.200 --> 0:49:55.440
<v Speaker 2>We're not in the perfection game here. We're taking what

0:49:55.480 --> 0:49:59.359
<v Speaker 2>we can get. And when I heard that he had

0:49:59.440 --> 0:50:02.080
<v Speaker 2>received the harden was walking was going to be walking out,

0:50:02.160 --> 0:50:05.360
<v Speaker 2>that just really made my day. I was really elated

0:50:05.400 --> 0:50:05.920
<v Speaker 2>that he.

0:50:05.920 --> 0:50:08.960
<v Speaker 4>Was stepping out and experiencing freedom.

0:50:09.920 --> 0:50:12.399
<v Speaker 1>What does your friendship look like today and what does

0:50:12.440 --> 0:50:13.480
<v Speaker 1>it mean to you today?

0:50:14.400 --> 0:50:16.279
<v Speaker 2>Well, I'm glad to see his face because I haven't

0:50:16.280 --> 0:50:17.120
<v Speaker 2>seen him in a while.

0:50:18.239 --> 0:50:20.520
<v Speaker 3>It's great, it's been it's been a while.

0:50:20.560 --> 0:50:21.400
<v Speaker 4>It's really great.

0:50:22.160 --> 0:50:24.120
<v Speaker 1>I have to ask you a question that I had,

0:50:24.160 --> 0:50:28.160
<v Speaker 1>Reverend Joe. In many ways, I see how you're religious

0:50:28.360 --> 0:50:33.320
<v Speaker 1>calling dovetails with ending mass incarceration and the death penalty,

0:50:34.760 --> 0:50:38.719
<v Speaker 1>But how do you factor in and process the additional

0:50:38.800 --> 0:50:43.319
<v Speaker 1>layer of wrongful convictions into that? You know, it's not

0:50:43.920 --> 0:50:47.359
<v Speaker 1>just a situation where the system is broken. It's that

0:50:48.200 --> 0:50:50.760
<v Speaker 1>the system has gotten it completely wrong.

0:50:52.280 --> 0:50:56.200
<v Speaker 2>It's going to happen repeatedly as long as we stick

0:50:56.239 --> 0:50:59.120
<v Speaker 2>with this system. So we need to move from the

0:50:59.160 --> 0:51:04.280
<v Speaker 2>retributive just system to the restorative justice system. Whole different model.

0:51:04.840 --> 0:51:06.960
<v Speaker 2>You bring the victim and a fender together with a

0:51:07.040 --> 0:51:10.959
<v Speaker 2>trained facilitator. I've done hundreds of these things and they talk.

0:51:11.400 --> 0:51:13.759
<v Speaker 2>So after you met with each one of them individually

0:51:13.800 --> 0:51:17.480
<v Speaker 2>and learn where they're coming from. It's a voluntary process

0:51:18.280 --> 0:51:22.040
<v Speaker 2>and that whole process, that's a way to deal with

0:51:22.080 --> 0:51:24.560
<v Speaker 2>the suffering and hurt, because that's what we're talking about.

0:51:25.120 --> 0:51:29.239
<v Speaker 2>Our current system is all about punishment, creating more suffering,

0:51:29.480 --> 0:51:32.759
<v Speaker 2>more hurt, more harm. It has nothing to do with

0:51:32.880 --> 0:51:38.400
<v Speaker 2>restoring anyone. It does nothing for victims. So wrongful convictions now, God,

0:51:38.480 --> 0:51:40.920
<v Speaker 2>we're going to be having wrong convictions as long as

0:51:40.920 --> 0:51:43.759
<v Speaker 2>we keep doing the system. It's just baked into the

0:51:43.800 --> 0:51:47.520
<v Speaker 2>cake because it's such a stack deck. There is no

0:51:47.640 --> 0:51:50.080
<v Speaker 2>way it's going to be fair for anybody who's caught

0:51:50.120 --> 0:51:52.920
<v Speaker 2>up in it. Without monetary resources.

0:51:54.040 --> 0:51:57.080
<v Speaker 3>We're dealing with the system that does not like to

0:51:57.120 --> 0:52:02.040
<v Speaker 3>admit mistakes, will bite you tooth and nail to the end.

0:52:02.880 --> 0:52:05.839
<v Speaker 3>To this day, people in the system, including some people

0:52:05.920 --> 0:52:09.800
<v Speaker 3>in the Attorney General's office, even after DNA cleared girl,

0:52:10.000 --> 0:52:14.160
<v Speaker 3>still say it's guilty. They back the machine, and most

0:52:14.200 --> 0:52:15.440
<v Speaker 3>of us are still looked out on.

0:52:16.480 --> 0:52:19.080
<v Speaker 2>That's why I wrote that book. That's a key hole

0:52:19.200 --> 0:52:22.319
<v Speaker 2>into the system so people can see how it's operating.

0:52:22.800 --> 0:52:26.960
<v Speaker 2>And then once you see it and realize what's going on, hopefully,

0:52:27.040 --> 0:52:29.759
<v Speaker 2>like Joe says, you're going to be moved to do

0:52:29.800 --> 0:52:30.640
<v Speaker 2>something about it.

0:52:31.920 --> 0:52:37.040
<v Speaker 1>I love the concept of empowering everyone to become not

0:52:37.080 --> 0:52:41.480
<v Speaker 1>only their own hero, but the champion for someone who

0:52:41.560 --> 0:52:42.520
<v Speaker 1>needs one.

0:52:42.719 --> 0:52:47.440
<v Speaker 3>The truth is out there, people just have to see it.

0:52:47.480 --> 0:52:51.279
<v Speaker 1>Is there anything else from your europe shared experience?

0:52:51.800 --> 0:52:55.400
<v Speaker 2>When someone is killed by the state, as Joe described

0:52:55.440 --> 0:52:58.880
<v Speaker 2>what happened to the body in Virginia, take it to

0:52:58.920 --> 0:53:05.400
<v Speaker 2>the cooling table. After that, there's a doctor, It performs

0:53:05.400 --> 0:53:09.759
<v Speaker 2>a medical examination and issues a death certificate. And on

0:53:09.880 --> 0:53:14.120
<v Speaker 2>that death certificate it has cause of death. The cause

0:53:14.160 --> 0:53:16.759
<v Speaker 2>of death is homicide.

0:53:17.680 --> 0:53:21.960
<v Speaker 4>Even the state is clear what they're doing.

0:53:23.320 --> 0:53:29.200
<v Speaker 2>This is a public murder, homicide documented by the state

0:53:29.360 --> 0:53:34.000
<v Speaker 2>medical examiner. We use euphemisms like executions and death penalty etc.

0:53:35.160 --> 0:53:39.120
<v Speaker 2>It's a cold blooded public murder, and this is being

0:53:39.160 --> 0:53:42.720
<v Speaker 2>done in our names. These people are acting on our behalf.

0:53:42.960 --> 0:53:45.759
<v Speaker 2>Welcome to the murder club. I mean, I don't think

0:53:45.800 --> 0:53:47.080
<v Speaker 2>we really want to be a part of that.

0:53:47.760 --> 0:53:50.560
<v Speaker 3>We no longer have capital punishment in Virginia. I don't

0:53:50.560 --> 0:53:52.640
<v Speaker 3>think it's going to come back. And I can say

0:53:52.719 --> 0:53:57.200
<v Speaker 3>I was somewhat instrumental in help bringing that about. I

0:53:57.320 --> 0:54:01.839
<v Speaker 3>testify the Senate and the House here in the jail

0:54:03.600 --> 0:54:08.760
<v Speaker 3>about capital punishment, and it was abolish and the governor

0:54:08.840 --> 0:54:09.680
<v Speaker 3>signed and the law.

0:54:12.160 --> 0:54:16.680
<v Speaker 1>I sincerely appreciate your time, both of your time. I

0:54:16.719 --> 0:54:20.760
<v Speaker 1>am very glad that you two are battle singers, and

0:54:20.960 --> 0:54:24.520
<v Speaker 1>I very much appreciate you sharing your voices with.

0:54:24.920 --> 0:54:26.120
<v Speaker 4>Me a pleasure.

0:54:26.200 --> 0:54:27.800
<v Speaker 3>You're welcome, You're welcome.

0:54:41.320 --> 0:54:44.920
<v Speaker 1>Thank you for listening to Wrongful Conviction. I'm Lauren Bright Pacheco.

0:54:45.320 --> 0:54:48.319
<v Speaker 1>Please support your local innocence organizations and go to the

0:54:48.360 --> 0:54:51.239
<v Speaker 1>links in the episode description to see how you can help.

0:54:51.640 --> 0:54:55.600
<v Speaker 1>I'd like to thank our executive producers Jason Flam, Jeff Kempler,

0:54:55.680 --> 0:54:59.440
<v Speaker 1>and Kevin Wardis, as well as our producers Annie Chelsea,

0:55:00.040 --> 0:55:04.120
<v Speaker 1>Athleen Fink, and Jackie Pauley. This series is produced, edited,

0:55:04.160 --> 0:55:07.600
<v Speaker 1>and hosted by me Lauren Bright Pacheco. Our senior producer

0:55:07.719 --> 0:55:11.960
<v Speaker 1>is Kara Krnhaber. Story editing by Hannah Bial, research by

0:55:12.000 --> 0:55:16.200
<v Speaker 1>Shelby Sorels, mixing and sound design by Nick Massetti, with

0:55:16.320 --> 0:55:20.120
<v Speaker 1>additional production by Jeff Clyborne. Our theme music is by

0:55:20.200 --> 0:55:23.240
<v Speaker 1>Jay Ralph. Be sure to follow us across all social

0:55:23.320 --> 0:55:27.080
<v Speaker 1>media platforms at Lava for Good and at Wrongful Conviction.

0:55:27.600 --> 0:55:30.240
<v Speaker 1>You can also follow me on all platforms at Lauren

0:55:30.280 --> 0:55:33.560
<v Speaker 1>Bright Pacheco. Wrongful Conviction is a production of Lava for

0:55:33.640 --> 0:55:37.560
<v Speaker 1>Good Podcasts in association with Signal Company Number one