1 00:00:04,920 --> 00:00:07,720 Speaker 1: I've spent the last five years of my journalism career 2 00:00:07,920 --> 00:00:12,440 Speaker 1: interviewing people who say they've been wrongfully convicted, and among 3 00:00:12,480 --> 00:00:16,000 Speaker 1: the women I've spoken to, one of the most common 4 00:00:16,079 --> 00:00:20,720 Speaker 1: charges against them is shaking their babies to death. I 5 00:00:20,760 --> 00:00:24,400 Speaker 1: see these cases so often that I can't include them 6 00:00:24,400 --> 00:00:27,920 Speaker 1: all on this show. The accusation of shaking a baby 7 00:00:28,040 --> 00:00:32,600 Speaker 1: to death evokes a visceral reaction from many people. You 8 00:00:32,720 --> 00:00:36,800 Speaker 1: might be feeling it right now, Horror, followed by sadness 9 00:00:36,840 --> 00:00:40,760 Speaker 1: for the defenseless child, and maybe even discussed for the 10 00:00:40,800 --> 00:00:45,000 Speaker 1: person accused of such a crime. Many jurors at trial 11 00:00:45,400 --> 00:00:49,559 Speaker 1: certainly feel this way, and the prosecutors count on it. 12 00:00:50,680 --> 00:00:55,040 Speaker 1: But the thing is, the medical diagnosis used to prosecute 13 00:00:55,080 --> 00:00:59,640 Speaker 1: this type of crime has been contested time and time again. 14 00:01:00,480 --> 00:01:03,360 Speaker 1: Last year, the New Jersey Court of Appeals even ruled 15 00:01:03,360 --> 00:01:08,320 Speaker 1: that in many instances it was junk science. And let 16 00:01:08,360 --> 00:01:13,040 Speaker 1: me be clear, people do abuse children. They get jailed 17 00:01:13,040 --> 00:01:16,080 Speaker 1: for it all the time. But often when an infant 18 00:01:16,200 --> 00:01:18,840 Speaker 1: ends up in an emergency room with what seems like 19 00:01:19,040 --> 00:01:24,080 Speaker 1: inexplicable internal injuries and no other obvious signs of abuse, 20 00:01:24,800 --> 00:01:29,320 Speaker 1: doctors and then prosecutors quickly determine. It's what's known as 21 00:01:29,520 --> 00:01:34,320 Speaker 1: shaken baby syndrome, a scientifically disputed cause of death with 22 00:01:34,480 --> 00:01:40,280 Speaker 1: often devastating consequences for the people charged. Today we hear 23 00:01:40,319 --> 00:01:41,040 Speaker 1: from one of them. 24 00:01:41,640 --> 00:01:44,280 Speaker 2: My name is Tania Miller, and I was incarcerated in 25 00:01:44,640 --> 00:01:48,560 Speaker 2: Michigan Women's Aran Valley Correctional Facility for eighteen years for 26 00:01:48,600 --> 00:01:49,600 Speaker 2: a crime I didn't commit. 27 00:01:50,840 --> 00:01:54,840 Speaker 1: This is wrongful conviction with Maggie Freeling today Tanya Miller. 28 00:02:04,200 --> 00:02:07,880 Speaker 1: Tanya Miller was born May nineteen eighty three and grew 29 00:02:08,000 --> 00:02:09,640 Speaker 1: up in Fulton, Michigan. 30 00:02:11,360 --> 00:02:14,560 Speaker 2: Growing up, we lived in the country and my mother 31 00:02:14,720 --> 00:02:18,400 Speaker 2: worked at a plastics company at the time, and then 32 00:02:18,480 --> 00:02:23,280 Speaker 2: later on she started working for manufacturing company for car parts, 33 00:02:24,240 --> 00:02:25,880 Speaker 2: and my father worked at General Motors. 34 00:02:26,520 --> 00:02:28,560 Speaker 3: But we grew up, you. 35 00:02:28,520 --> 00:02:33,160 Speaker 2: Know, not very financially secure. We struggled a lot financially, 36 00:02:33,800 --> 00:02:36,920 Speaker 2: but we were like a really close family, all of 37 00:02:36,960 --> 00:02:37,640 Speaker 2: the siblings. 38 00:02:38,120 --> 00:02:40,600 Speaker 1: Tanya has a huge family. 39 00:02:40,919 --> 00:02:43,400 Speaker 2: My father had been married and divorced a couple of times, 40 00:02:43,440 --> 00:02:45,919 Speaker 2: and so I have siblings you know, from him from 41 00:02:45,919 --> 00:02:46,760 Speaker 2: prior marriages. 42 00:02:47,200 --> 00:02:47,840 Speaker 1: How many of you. 43 00:02:48,480 --> 00:02:51,919 Speaker 2: My parents have five together, and then my mother had 44 00:02:52,000 --> 00:02:56,320 Speaker 2: us sixth one later. But my father has four prior 45 00:02:56,400 --> 00:02:58,160 Speaker 2: to yeah. 46 00:02:57,880 --> 00:03:01,560 Speaker 1: Ten siblings. Okay, and where do you in the lineup 47 00:03:01,600 --> 00:03:03,799 Speaker 1: of every in the middle? 48 00:03:04,160 --> 00:03:04,840 Speaker 3: Yeah? 49 00:03:04,840 --> 00:03:05,120 Speaker 4: Wow? 50 00:03:05,200 --> 00:03:05,799 Speaker 1: So what was that like? 51 00:03:07,120 --> 00:03:11,080 Speaker 2: Maah and my older brother, my mom's oldest were like, 52 00:03:11,240 --> 00:03:12,280 Speaker 2: we're two peas in a pod. 53 00:03:12,360 --> 00:03:13,919 Speaker 3: So we were always together. 54 00:03:14,040 --> 00:03:16,680 Speaker 2: So I was a little tomboy running around doing whatever 55 00:03:16,720 --> 00:03:19,680 Speaker 2: my brother did. I admired him so much, and we 56 00:03:19,800 --> 00:03:22,120 Speaker 2: just he would take something apart and I'd put it together. 57 00:03:22,560 --> 00:03:24,080 Speaker 2: He'd want to climb a tree. I want to climb 58 00:03:24,120 --> 00:03:25,720 Speaker 2: the tree if he broke a bone that year. I 59 00:03:25,760 --> 00:03:26,639 Speaker 2: broke a bone that year. 60 00:03:26,639 --> 00:03:29,079 Speaker 3: It was like we literally followed suit with each other. 61 00:03:29,360 --> 00:03:30,639 Speaker 1: What were some of your interests. 62 00:03:31,080 --> 00:03:33,400 Speaker 2: I love having my hands in the dirt. I just 63 00:03:33,480 --> 00:03:36,920 Speaker 2: love I love gardening. I loved anything that had anything 64 00:03:36,960 --> 00:03:39,240 Speaker 2: to do with nature. So we were always on four wheelers, 65 00:03:39,240 --> 00:03:42,880 Speaker 2: on horses. We were doing four h raising chickens and 66 00:03:42,880 --> 00:03:45,800 Speaker 2: turkeys and cornish tens and you know those kinds of things. 67 00:03:45,880 --> 00:03:48,600 Speaker 2: So anything that had something to do with nature. 68 00:03:49,280 --> 00:03:52,480 Speaker 1: Then when she was eleven, Tanya's parents separated. 69 00:03:52,720 --> 00:03:55,880 Speaker 4: When Tanya moved in she was twelve, I was six. 70 00:03:56,480 --> 00:03:59,000 Speaker 1: This is Whitney Wesner. She goes by wit. 71 00:03:59,400 --> 00:04:02,400 Speaker 4: Tanya is considered well, I consider her my best friend 72 00:04:02,440 --> 00:04:03,440 Speaker 4: and my older sister. 73 00:04:03,920 --> 00:04:06,520 Speaker 1: When Tanya's parents split, her mom moved to the family 74 00:04:06,600 --> 00:04:09,520 Speaker 1: to Battle Creek in the house next door to six 75 00:04:09,640 --> 00:04:10,240 Speaker 1: year old Wit. 76 00:04:10,520 --> 00:04:13,120 Speaker 4: We even had a shared driveway. I mean I literally 77 00:04:13,680 --> 00:04:16,920 Speaker 4: could jump out my bedroom window and go up their 78 00:04:16,960 --> 00:04:24,880 Speaker 4: backsteps right into their house. And I just automatically took 79 00:04:25,760 --> 00:04:29,160 Speaker 4: a liking to her as like I looked up to her. 80 00:04:30,800 --> 00:04:32,440 Speaker 4: I actually hung out with her more than I did 81 00:04:32,440 --> 00:04:33,360 Speaker 4: her siblings. 82 00:04:34,360 --> 00:04:36,560 Speaker 1: I just so, what was it about Tanya? Because I'm 83 00:04:36,560 --> 00:04:38,359 Speaker 1: sure some of her siblings were closer in age to 84 00:04:38,400 --> 00:04:38,880 Speaker 1: you as well. 85 00:04:38,960 --> 00:04:41,600 Speaker 4: I was just drawn to her as a person, as 86 00:04:41,760 --> 00:04:44,440 Speaker 4: like her energy, and I was like, I want to 87 00:04:44,440 --> 00:04:47,160 Speaker 4: hang out with her. You know, she was the older 88 00:04:47,160 --> 00:04:47,880 Speaker 4: cool kid to me. 89 00:04:48,200 --> 00:04:51,040 Speaker 1: And she kept Wit around even if it annoyed Tanya's 90 00:04:51,040 --> 00:04:53,120 Speaker 1: older friends or boyfriends. 91 00:04:53,760 --> 00:04:57,440 Speaker 4: Why is this ten twelve year old just constantly wround you? 92 00:04:57,440 --> 00:04:59,599 Speaker 4: You know what I mean? Like tell her to go 93 00:04:59,680 --> 00:05:00,560 Speaker 4: away and she's like. 94 00:05:00,520 --> 00:05:03,520 Speaker 3: No, Why do you think? 95 00:05:03,520 --> 00:05:05,520 Speaker 1: Because I think if I was when I was her age, 96 00:05:05,520 --> 00:05:07,600 Speaker 1: I wanted nothing to do with kids, Like I'd be like, 97 00:05:07,680 --> 00:05:09,760 Speaker 1: why is this ten year old around me? Why do 98 00:05:09,839 --> 00:05:11,039 Speaker 1: you think she'll let you around. 99 00:05:11,680 --> 00:05:14,840 Speaker 4: I don't know her, and I just there's just this 100 00:05:14,920 --> 00:05:16,040 Speaker 4: connection there. 101 00:05:16,279 --> 00:05:20,320 Speaker 1: Wit says Tanya and her did everything together from baseball. 102 00:05:20,560 --> 00:05:23,440 Speaker 4: So she's pitching me and she's kind of probably underestimating 103 00:05:23,440 --> 00:05:26,200 Speaker 4: the whole ten year old with the vat And she 104 00:05:26,279 --> 00:05:28,680 Speaker 4: pitched me one and turned to talk to somebody, and 105 00:05:28,760 --> 00:05:31,760 Speaker 4: I clocked it, and oh, she had the biggest black eye. 106 00:05:32,000 --> 00:05:32,880 Speaker 1: Oh my god. 107 00:05:33,400 --> 00:05:35,000 Speaker 4: We had to run into my mom's house and put 108 00:05:35,040 --> 00:05:38,279 Speaker 4: peas on her face like she's like your daughter actually 109 00:05:38,360 --> 00:05:39,120 Speaker 4: hit the ball. 110 00:05:41,000 --> 00:05:41,600 Speaker 1: To soccer. 111 00:05:41,839 --> 00:05:44,520 Speaker 4: She was a great soccer player. So she would take 112 00:05:44,560 --> 00:05:47,200 Speaker 4: me rollerblading, roora skating around the neighborhood. She did. She 113 00:05:47,240 --> 00:05:48,640 Speaker 4: taught me a lot of things. She taught me a 114 00:05:48,680 --> 00:05:50,359 Speaker 4: lot of things that she doesn't even know that she 115 00:05:50,440 --> 00:05:53,599 Speaker 4: taught me. And you know, to this day, she is 116 00:05:53,680 --> 00:05:55,920 Speaker 4: my best friend and that has never changed. 117 00:05:58,720 --> 00:06:03,400 Speaker 1: Tanya, by all accounts family and friends, was great with kids. 118 00:06:03,680 --> 00:06:06,920 Speaker 4: It was natural. It was natural for her. I never 119 00:06:06,960 --> 00:06:08,880 Speaker 4: once saw her lose her patience. 120 00:06:09,320 --> 00:06:12,480 Speaker 1: As often happens with big families. Tanya stepped up to 121 00:06:12,520 --> 00:06:14,440 Speaker 1: help her mom with all the kids. 122 00:06:15,240 --> 00:06:17,960 Speaker 2: That was really difficult because then I became like the 123 00:06:17,960 --> 00:06:20,600 Speaker 2: living babysitter I was the one making sure all the kids, 124 00:06:20,760 --> 00:06:23,920 Speaker 2: you know, had their dinner, had their baths, had their 125 00:06:23,920 --> 00:06:26,560 Speaker 2: homework done and stuff. When mom was working, and she 126 00:06:26,640 --> 00:06:28,520 Speaker 2: had to work a lot to support all of us, 127 00:06:28,520 --> 00:06:29,680 Speaker 2: so she was hardly there. 128 00:06:30,040 --> 00:06:33,320 Speaker 1: Tanya played mom and then she became one. 129 00:06:33,480 --> 00:06:37,159 Speaker 2: At fifteen, I got into a relationship with somebody that 130 00:06:37,360 --> 00:06:40,680 Speaker 2: was significantly older, not significantly he was twenty four and 131 00:06:40,720 --> 00:06:41,359 Speaker 2: I didn't know it. 132 00:06:41,400 --> 00:06:43,720 Speaker 3: He said he was nineteen. So but I ended up. 133 00:06:43,680 --> 00:06:47,360 Speaker 2: Pregnant, and so I had a daughter at sixteen. 134 00:06:47,520 --> 00:06:51,960 Speaker 1: Wow. Yes, Tanya gave birth to a baby girl named Kayla. 135 00:06:51,800 --> 00:06:56,280 Speaker 4: But she had with all her siblings, had already been 136 00:06:56,360 --> 00:07:02,800 Speaker 4: mothering at that point in her life, so having her 137 00:07:02,839 --> 00:07:07,520 Speaker 4: own it wasn't like a typical teenager having a baby, 138 00:07:08,600 --> 00:07:09,360 Speaker 4: Like what do I do? 139 00:07:09,720 --> 00:07:11,840 Speaker 1: But Tanya was still just sixteen. 140 00:07:12,200 --> 00:07:16,120 Speaker 2: I ended up not completing the high school scene. I 141 00:07:16,160 --> 00:07:18,680 Speaker 2: went to like a night school, and so I was 142 00:07:18,720 --> 00:07:19,960 Speaker 2: able to take my daughter with me. 143 00:07:20,440 --> 00:07:23,480 Speaker 1: And the relationship with Kayla's dad didn't last. 144 00:07:23,640 --> 00:07:26,360 Speaker 2: It was not a very good relationship, and I ended 145 00:07:26,440 --> 00:07:29,760 Speaker 2: up getting back into a relationship with a boy that 146 00:07:29,800 --> 00:07:31,800 Speaker 2: I had been with before. 147 00:07:31,920 --> 00:07:35,320 Speaker 1: A boy named Alan, and at eighteen, they had her 148 00:07:35,400 --> 00:07:38,800 Speaker 1: second daughter, Alicia, you were going to school, were you working? 149 00:07:38,840 --> 00:07:40,360 Speaker 1: How are you guys surviving? 150 00:07:41,200 --> 00:07:42,240 Speaker 3: Yeah, we were working. 151 00:07:43,320 --> 00:07:47,080 Speaker 2: I was a hostess and he I can't remember if 152 00:07:47,080 --> 00:07:48,720 Speaker 2: he was a cooker, if he was doing dishes at 153 00:07:48,760 --> 00:07:51,000 Speaker 2: the time, but he stepped up and really helped, like 154 00:07:51,040 --> 00:07:52,840 Speaker 2: he get you know, he got jobs here and there 155 00:07:52,840 --> 00:07:56,000 Speaker 2: when he could the teenagers. You don't always keep a 156 00:07:56,080 --> 00:07:58,280 Speaker 2: job for long. But it was a struggle. 157 00:07:58,400 --> 00:08:01,560 Speaker 1: But as always there was wit. Now in her teens, 158 00:08:01,680 --> 00:08:02,760 Speaker 1: she was ready to help. 159 00:08:03,000 --> 00:08:04,320 Speaker 4: So I would sit with the kids, you know, while 160 00:08:04,320 --> 00:08:06,800 Speaker 4: she'd take a shower or you know. I was more 161 00:08:06,840 --> 00:08:12,040 Speaker 4: involved than the child's father. Yeah, like I was there. 162 00:08:12,440 --> 00:08:16,960 Speaker 4: It's not that she needed somebody else to help her, 163 00:08:17,320 --> 00:08:19,120 Speaker 4: because Tanya was a great mother. 164 00:08:19,520 --> 00:08:21,920 Speaker 1: And she still had plans for herself and her future. 165 00:08:22,360 --> 00:08:25,400 Speaker 1: She earned herself a scholarship to community college. 166 00:08:25,840 --> 00:08:30,160 Speaker 2: I wanted to go to be a pediatrician, ironically, but 167 00:08:30,360 --> 00:08:32,480 Speaker 2: that unfortunately all fell through. 168 00:08:43,679 --> 00:08:46,680 Speaker 1: Alicia was a very sick baby from birth. 169 00:08:46,960 --> 00:08:50,440 Speaker 2: They during labor and delivery, they did lose her heartbeat 170 00:08:50,520 --> 00:08:53,199 Speaker 2: at one point and had to do an internal monitor 171 00:08:53,280 --> 00:08:56,559 Speaker 2: on her. So then they were very quickly trying to 172 00:08:56,640 --> 00:08:59,280 Speaker 2: get her born. Wow, And so they were kind of 173 00:08:59,280 --> 00:09:04,000 Speaker 2: worried about her being low birthway. She was six pounds, 174 00:09:04,040 --> 00:09:06,480 Speaker 2: you know, she was small, but she wasn't you know, 175 00:09:06,840 --> 00:09:11,520 Speaker 2: premi or anything like that. Immediately, everything seemed to be okay, 176 00:09:11,640 --> 00:09:14,400 Speaker 2: But then after a couple of weeks at bringing her home, 177 00:09:15,520 --> 00:09:18,280 Speaker 2: things just were not the same. You expect it to 178 00:09:18,360 --> 00:09:20,200 Speaker 2: kind of be like your first one where you don't 179 00:09:20,200 --> 00:09:22,439 Speaker 2: really have any issues or anything, and so I knew 180 00:09:22,440 --> 00:09:25,720 Speaker 2: something wasn't right, but I didn't know how to communicate 181 00:09:25,760 --> 00:09:26,960 Speaker 2: it or what it was. 182 00:09:27,080 --> 00:09:27,560 Speaker 3: Exactly. 183 00:09:28,440 --> 00:09:34,920 Speaker 4: My first experience with Alicia that scared me was she 184 00:09:35,080 --> 00:09:37,800 Speaker 4: would she would you'd be holding her and she would 185 00:09:37,840 --> 00:09:42,520 Speaker 4: just like gus for air out of nowhere. I would 186 00:09:42,520 --> 00:09:44,800 Speaker 4: get nervous and just hand her back. I had never 187 00:09:44,840 --> 00:09:47,920 Speaker 4: seen that in a child. She would space off at 188 00:09:47,920 --> 00:09:50,840 Speaker 4: the bright lights and not even like blink. 189 00:09:51,480 --> 00:09:54,720 Speaker 2: She didn't want to eat very much. She would almost 190 00:09:54,800 --> 00:09:58,360 Speaker 2: chew on the nipple as if she was teething, but 191 00:09:58,520 --> 00:10:04,000 Speaker 2: she wasn't teething. Her diapers weren't she wasn't, you know, 192 00:10:04,160 --> 00:10:07,160 Speaker 2: urinating like she was supposed to. It was just a 193 00:10:07,160 --> 00:10:10,080 Speaker 2: lot of little things, and then eventually it was she 194 00:10:10,200 --> 00:10:12,520 Speaker 2: looked like she was staring right through you she would 195 00:10:12,559 --> 00:10:13,480 Speaker 2: just go limp. 196 00:10:14,720 --> 00:10:16,920 Speaker 1: Did you take her to the doctor multiple times? And 197 00:10:16,960 --> 00:10:17,720 Speaker 1: what did they say? 198 00:10:18,720 --> 00:10:21,960 Speaker 2: That I was a paranoid mom and yeah, So when 199 00:10:22,160 --> 00:10:26,280 Speaker 2: she had quit breathing, they basically told me that she 200 00:10:26,480 --> 00:10:27,800 Speaker 2: was angry and learn how to. 201 00:10:27,760 --> 00:10:28,559 Speaker 3: Hold her breath. 202 00:10:29,000 --> 00:10:29,880 Speaker 1: That's what they said. 203 00:10:30,000 --> 00:10:32,320 Speaker 2: Yeah, so they didn't take me serious at all. I 204 00:10:32,320 --> 00:10:33,960 Speaker 2: don't know if it was because I was a young, 205 00:10:34,160 --> 00:10:38,680 Speaker 2: unwed mother of two children on Medicaid, and so that 206 00:10:38,800 --> 00:10:41,040 Speaker 2: was why they didn't take me serious, but they put 207 00:10:41,080 --> 00:10:45,000 Speaker 2: that in my file. So whenever I would call, I 208 00:10:45,000 --> 00:10:46,520 Speaker 2: wouldn't even get the appointments. 209 00:10:46,960 --> 00:10:50,360 Speaker 1: She says. Her family and friends also knew something was wrong. 210 00:10:50,200 --> 00:10:50,720 Speaker 3: But we didn't. 211 00:10:50,800 --> 00:10:52,319 Speaker 2: We couldn't pinpoint anything. 212 00:10:52,360 --> 00:10:53,319 Speaker 3: We didn't know what. 213 00:10:53,880 --> 00:10:57,320 Speaker 2: To call it, what it was, what to research, so 214 00:10:57,400 --> 00:10:58,200 Speaker 2: I had no idea. 215 00:11:03,000 --> 00:11:06,520 Speaker 1: October nineteenth, two thousand and one, started off normal for 216 00:11:06,679 --> 00:11:07,920 Speaker 1: Tanya and her family. 217 00:11:08,960 --> 00:11:12,000 Speaker 2: Alan had gone fishing really early in the morning, and 218 00:11:12,080 --> 00:11:13,679 Speaker 2: so I was up with the baby trying to get 219 00:11:13,679 --> 00:11:14,400 Speaker 2: her to eat a bottle. 220 00:11:14,480 --> 00:11:16,280 Speaker 3: She absolutely refused to. 221 00:11:16,240 --> 00:11:18,080 Speaker 1: Eat, so she laid her back down. 222 00:11:18,360 --> 00:11:21,199 Speaker 2: Cayla got up a little bit later and had her 223 00:11:21,240 --> 00:11:24,679 Speaker 2: cereal and was watching her movie and then eventually Alicia 224 00:11:24,760 --> 00:11:27,480 Speaker 2: decided to wake up, and she was just as happy 225 00:11:27,520 --> 00:11:28,000 Speaker 2: as could be. 226 00:11:28,440 --> 00:11:31,640 Speaker 1: They played until Alicia got fussy, and then called Wit 227 00:11:31,720 --> 00:11:33,800 Speaker 1: to come and help while she got ready, Can. 228 00:11:33,640 --> 00:11:37,120 Speaker 4: You head over in about twenty minutes so that you 229 00:11:37,120 --> 00:11:39,080 Speaker 4: can watch the girls while I jump in the shower. 230 00:11:39,679 --> 00:11:40,960 Speaker 4: So I said, of course absolutely. 231 00:11:41,440 --> 00:11:45,439 Speaker 1: While she waited for Wit, Tanya tried to feed Alicia again. 232 00:11:46,240 --> 00:11:47,400 Speaker 3: So I'm holding her. 233 00:11:47,559 --> 00:11:51,840 Speaker 2: I'm feeding her, and she coughs, and formula is like 234 00:11:51,920 --> 00:11:54,920 Speaker 2: pouring out of her eyeballs, out of her nose, out 235 00:11:54,960 --> 00:11:58,679 Speaker 2: of her mouth, and so I hold her upright, and 236 00:11:59,080 --> 00:12:01,200 Speaker 2: her one eye like went to the back, and like 237 00:12:01,280 --> 00:12:03,960 Speaker 2: it just rolled to the back, and then she went limp, 238 00:12:04,679 --> 00:12:05,840 Speaker 2: and it was so unexpected. 239 00:12:05,880 --> 00:12:07,120 Speaker 3: I had almost. 240 00:12:06,840 --> 00:12:09,319 Speaker 2: Dropped her, and so I laid her on the floor. 241 00:12:09,160 --> 00:12:10,240 Speaker 3: And I called nine to one one. 242 00:12:10,520 --> 00:12:11,959 Speaker 1: Tanya also called Wit. 243 00:12:12,480 --> 00:12:15,120 Speaker 4: All I hears frantically, is I Alicia's on the way 244 00:12:15,160 --> 00:12:16,680 Speaker 4: to the hospital. She stopped breathing. 245 00:12:17,120 --> 00:12:21,760 Speaker 1: Alicia was raced to the hospital, transferred to a pediatric unit, 246 00:12:21,880 --> 00:12:27,880 Speaker 1: and qut on life support. Then doctors ordered act scan 247 00:12:28,080 --> 00:12:31,880 Speaker 1: that showed mild swelling in Alicia's brain as well as bleeding. 248 00:12:32,400 --> 00:12:37,480 Speaker 1: An eye examination also found retinal hemorrhaging. By this time, 249 00:12:37,880 --> 00:12:40,920 Speaker 1: Alan and the whole family had gathered in the hospital 250 00:12:40,960 --> 00:12:45,440 Speaker 1: waiting room, anxious for any information about what was going on. 251 00:12:48,160 --> 00:12:55,280 Speaker 1: Then the doctor came in with news. He said, based 252 00:12:55,320 --> 00:12:59,240 Speaker 1: on the symptoms, Alicia was showing she had quote abusive 253 00:12:59,440 --> 00:13:02,760 Speaker 1: head trop or shaken baby syndrome. 254 00:13:03,480 --> 00:13:05,880 Speaker 2: When the originally when the doctor walked in and said it, 255 00:13:05,960 --> 00:13:08,520 Speaker 2: Alan kind of went after him, like the nerve of you, 256 00:13:08,679 --> 00:13:11,600 Speaker 2: like this is not no, this didn't happen. And then 257 00:13:11,640 --> 00:13:14,240 Speaker 2: they separated us and they started questioning him and started 258 00:13:14,280 --> 00:13:17,360 Speaker 2: questioning me. But when they asked me to do like 259 00:13:17,440 --> 00:13:19,440 Speaker 2: I just did with you and go through the entire 260 00:13:19,520 --> 00:13:21,160 Speaker 2: day and tell them what happened throughout the day, they 261 00:13:21,200 --> 00:13:24,880 Speaker 2: kept stopping me and leaving the room talking to whoever 262 00:13:24,960 --> 00:13:26,880 Speaker 2: and coming back in and saying, well, that couldn't have 263 00:13:26,920 --> 00:13:29,400 Speaker 2: possibly happened. You must have dropped her, or you must. 264 00:13:29,200 --> 00:13:29,880 Speaker 3: Have this, or you know. 265 00:13:29,920 --> 00:13:31,720 Speaker 2: It was always it was just like what I was 266 00:13:31,760 --> 00:13:35,120 Speaker 2: saying was not what they wanted to hear, and so 267 00:13:35,160 --> 00:13:37,160 Speaker 2: they kept making it seemed like I was changing my 268 00:13:37,280 --> 00:13:39,760 Speaker 2: story when I'm simply just trying to tell you what 269 00:13:39,920 --> 00:13:41,520 Speaker 2: happened from the beginning to the end. 270 00:13:42,160 --> 00:13:45,120 Speaker 1: It was harrowing and it was about to get worse. 271 00:13:47,559 --> 00:13:52,040 Speaker 1: Alicia was taken off life support on October twentieth and 272 00:13:52,080 --> 00:14:00,320 Speaker 1: died at seven twenty seven pm. She was eleven weeks old. 273 00:14:03,000 --> 00:14:05,520 Speaker 1: Two days later, Tanya was brought to the station for 274 00:14:05,640 --> 00:14:09,640 Speaker 1: questioning by Detective Tim Hurt of the Battle Creek Police Department, 275 00:14:10,320 --> 00:14:13,000 Speaker 1: but they didn't get far. Tanya asked for an attorney 276 00:14:13,240 --> 00:14:14,840 Speaker 1: and was released the next day. 277 00:14:15,320 --> 00:14:17,760 Speaker 2: I guess they didn't have enough to even arraign me 278 00:14:18,160 --> 00:14:19,880 Speaker 2: at the time, so they just let me go. 279 00:14:20,360 --> 00:14:25,080 Speaker 1: But Tanya's life was falling apart. The state eventually took 280 00:14:25,120 --> 00:14:28,280 Speaker 1: away her two year old and placed her in foster care. 281 00:14:29,440 --> 00:14:34,200 Speaker 2: It was very difficult being home and looking over and 282 00:14:34,240 --> 00:14:37,320 Speaker 2: seeing a toddler bed with no toddler in it, you know, 283 00:14:37,480 --> 00:14:39,880 Speaker 2: a bass in that with no baby in it, and 284 00:14:40,000 --> 00:14:43,080 Speaker 2: just to know like it's never going to be the 285 00:14:43,120 --> 00:14:43,720 Speaker 2: same again. 286 00:14:44,560 --> 00:14:48,400 Speaker 1: And at eighteen she was being investigated in her newborn 287 00:14:48,600 --> 00:14:49,440 Speaker 1: baby's death. 288 00:14:50,240 --> 00:14:54,200 Speaker 2: It was so traumatic and having no help, not getting 289 00:14:54,280 --> 00:14:57,960 Speaker 2: any kind of help therapy wise, having no way to 290 00:14:58,000 --> 00:15:01,960 Speaker 2: really truly grieve, and just knowing every move was being watched, 291 00:15:02,600 --> 00:15:06,160 Speaker 2: every conversation I was having, you know, anything I'm just 292 00:15:06,200 --> 00:15:08,520 Speaker 2: all over the newspapers. I didn't want to have a TV. 293 00:15:08,680 --> 00:15:10,560 Speaker 2: I didn't want to see the news. I just didn't 294 00:15:10,640 --> 00:15:16,840 Speaker 2: want the trauma of all of it anymore. I seriously 295 00:15:16,960 --> 00:15:21,680 Speaker 2: had contemplated suicide. Just life was meaningless at that point. 296 00:15:22,000 --> 00:15:25,120 Speaker 1: Were you even able to grieve Alicia? 297 00:15:25,360 --> 00:15:26,400 Speaker 3: Not like I should have. 298 00:15:26,640 --> 00:15:31,160 Speaker 2: No, I would find myself at the cemetery a lot, 299 00:15:31,240 --> 00:15:35,000 Speaker 2: just you know, laying there with her basically, but to 300 00:15:35,040 --> 00:15:41,080 Speaker 2: actually grieve. Looking back, No, I never did have that opportunity. 301 00:15:41,200 --> 00:15:44,280 Speaker 1: Even though she wanted out of life, Tanya knew she 302 00:15:44,560 --> 00:15:45,840 Speaker 1: had to stick around. 303 00:15:46,200 --> 00:15:48,360 Speaker 2: I couldn't follow through it that I had Kayla, and 304 00:15:48,480 --> 00:15:51,040 Speaker 2: I truly believed that I was going to be found innocent. 305 00:15:50,720 --> 00:15:54,960 Speaker 1: Of that, but she wasn't. Tanya was arrested, charged, and 306 00:15:55,040 --> 00:15:58,560 Speaker 1: tried for the death of her baby Alicia on April eighth, 307 00:15:58,760 --> 00:16:09,760 Speaker 1: two thousand and three. Trial prosecutor Daniel Buscher called multiple 308 00:16:09,800 --> 00:16:13,480 Speaker 1: experts to prove his case that Tanya had shaken Alicia 309 00:16:13,560 --> 00:16:17,360 Speaker 1: to death. The star was the man who performed the autopsy, 310 00:16:17,640 --> 00:16:18,720 Speaker 1: doctor Brian Hunter. 311 00:16:19,800 --> 00:16:25,080 Speaker 5: His testimony was that she had retinal hemorrhages and bleeding 312 00:16:25,480 --> 00:16:29,080 Speaker 5: on the outer layers as a brain and swelling of 313 00:16:29,120 --> 00:16:32,640 Speaker 5: the brain, and those was the classic tryad of symptoms 314 00:16:32,680 --> 00:16:34,120 Speaker 5: for shaking baby syndrome. 315 00:16:34,320 --> 00:16:35,440 Speaker 1: This is Dave Moran. 316 00:16:35,720 --> 00:16:38,600 Speaker 5: I am the co director of the Michigan Innocence Clinic 317 00:16:38,680 --> 00:16:40,240 Speaker 5: at University of Michigan Law School. 318 00:16:40,640 --> 00:16:44,240 Speaker 1: Dave says, this tryaud of symptoms is the gold standard 319 00:16:44,400 --> 00:16:47,960 Speaker 1: for shaking baby syndrome. Brain injury, bleeding around the brain, 320 00:16:48,040 --> 00:16:51,680 Speaker 1: and bleeding around the eyes. That's what every doctor at 321 00:16:51,680 --> 00:16:55,280 Speaker 1: the time was taught, including pathologist doctor Hunter. 322 00:16:55,760 --> 00:16:58,000 Speaker 5: So to him, this was a slam dunk case of 323 00:16:58,040 --> 00:16:58,960 Speaker 5: shaking baby syndrome. 324 00:17:01,920 --> 00:17:05,840 Speaker 1: Wit was thirteen during Tanya's trial, and she remembers every 325 00:17:06,160 --> 00:17:06,840 Speaker 1: moment of it. 326 00:17:10,000 --> 00:17:14,640 Speaker 4: Honestly. To sit there and listen to how they portrayed 327 00:17:16,000 --> 00:17:19,679 Speaker 4: this person that I've known for so long on a 328 00:17:19,760 --> 00:17:23,120 Speaker 4: daily basis, it broke my heart. 329 00:17:23,480 --> 00:17:25,680 Speaker 1: What were some of those things that they were saying 330 00:17:25,720 --> 00:17:27,840 Speaker 1: about her that you knew not to be true. 331 00:17:28,560 --> 00:17:30,760 Speaker 4: Oh, she's a young mother and she just. 332 00:17:30,760 --> 00:17:35,359 Speaker 1: Snapped, got headaches. You're strussing out living at the Dolls house. 333 00:17:35,520 --> 00:17:38,920 Speaker 2: You have no money, no job, you're not getting along 334 00:17:38,960 --> 00:17:39,760 Speaker 2: as your boyfriend. 335 00:17:39,960 --> 00:17:42,240 Speaker 4: You take care of your child ninety nine point. 336 00:17:42,240 --> 00:17:45,720 Speaker 2: Nine percent the night, and you snapped that particular day, 337 00:17:45,960 --> 00:17:47,280 Speaker 2: That's when happened, isn't it. 338 00:17:47,520 --> 00:17:51,200 Speaker 4: And it's like, no, I never once saw her loser 339 00:17:51,320 --> 00:17:56,240 Speaker 4: patience with children like that, never once saw her even 340 00:17:56,240 --> 00:17:59,360 Speaker 4: get frustrated in that type of way. So to hear 341 00:17:59,400 --> 00:18:02,760 Speaker 4: them portray ray somebody you love and know so deeply 342 00:18:03,160 --> 00:18:06,800 Speaker 4: on the news and in the papers and in a 343 00:18:06,840 --> 00:18:11,199 Speaker 4: courtroom where you can't say anything, it was just it 344 00:18:11,240 --> 00:18:12,879 Speaker 4: was awful. It was awful. 345 00:18:13,119 --> 00:18:14,760 Speaker 1: Yeah, what did she look like during all that? 346 00:18:15,320 --> 00:18:21,120 Speaker 4: In shock? And Matt was portrayed badly too. Oh look 347 00:18:21,200 --> 00:18:26,280 Speaker 4: she has no emotion. Oh she's sitting there speechless. She's 348 00:18:27,000 --> 00:18:34,480 Speaker 4: a teenager who lost her daughters, and you people, you know, 349 00:18:34,520 --> 00:18:38,120 Speaker 4: you know she's being charged with these horrendous crimes. 350 00:18:38,760 --> 00:18:42,200 Speaker 1: Tanya needed a great defense to beat the quote slam 351 00:18:42,320 --> 00:18:45,120 Speaker 1: dunk case. The prosecution claimed they had. 352 00:18:45,840 --> 00:18:47,520 Speaker 2: My mom, bless her heart, you know, went through the 353 00:18:47,600 --> 00:18:50,240 Speaker 2: yellow pages trying to find an attorney who would agreed 354 00:18:50,280 --> 00:18:54,400 Speaker 2: to take a murder case. She found Headinger and Headinger 355 00:18:54,480 --> 00:18:59,439 Speaker 2: out of Kalamazoo. Her and my grandmother had to go 356 00:18:59,480 --> 00:19:03,080 Speaker 2: through there fork just to get the funds to retain him. 357 00:19:03,560 --> 00:19:06,719 Speaker 1: Tanya's family paid Edwin Hedinger for what they thought was 358 00:19:06,760 --> 00:19:11,280 Speaker 1: going to be the best defense, but the defense actually 359 00:19:11,800 --> 00:19:14,000 Speaker 1: agreed that it was shaking baby party. It wasn't. 360 00:19:14,359 --> 00:19:17,439 Speaker 5: Yes, the original defense at trial did not contest to 361 00:19:17,440 --> 00:19:18,440 Speaker 5: shaking baby syndrome. 362 00:19:19,119 --> 00:19:22,399 Speaker 1: Dave says, in those days, there weren't many people disputing 363 00:19:22,440 --> 00:19:26,200 Speaker 1: these science behind shaking baby syndrome, at least not locally. 364 00:19:26,520 --> 00:19:29,280 Speaker 5: I really don't think that there was anybody in Michigan 365 00:19:29,320 --> 00:19:31,879 Speaker 5: who was questioning any part of the shaking baby syndrome 366 00:19:31,920 --> 00:19:33,560 Speaker 5: dogma at that point. 367 00:19:34,040 --> 00:19:37,960 Speaker 1: So Tanya's attorney worked with the knowledge and resources he had. 368 00:19:38,520 --> 00:19:41,879 Speaker 2: He believed that a crime had been committed, but didn't 369 00:19:41,880 --> 00:19:43,679 Speaker 2: believe that it was me that did it, So his 370 00:19:43,800 --> 00:19:46,400 Speaker 2: focus was on somebody else. 371 00:19:46,480 --> 00:19:49,080 Speaker 1: Doing it, someone else like Alan. 372 00:19:50,000 --> 00:19:51,800 Speaker 2: I didn't want to believe it, and I still to 373 00:19:51,800 --> 00:19:54,719 Speaker 2: this day don't believe it. But it was just, you know, 374 00:19:55,280 --> 00:19:58,400 Speaker 2: when they're saying that this is absolutely positively what happened, 375 00:19:58,440 --> 00:20:01,080 Speaker 2: and I know I didn't do it, my mind is like, 376 00:20:01,800 --> 00:20:04,960 Speaker 2: you know, maybe he did, but I don't believe he 377 00:20:05,000 --> 00:20:07,720 Speaker 2: ever would have harmed her. 378 00:20:07,480 --> 00:20:08,560 Speaker 1: Especially now that you know. 379 00:20:09,119 --> 00:20:10,480 Speaker 2: Yeah, And I mean I knew him back then and 380 00:20:10,520 --> 00:20:12,560 Speaker 2: I knew that's not something that he would have done. 381 00:20:12,720 --> 00:20:15,600 Speaker 1: But at the time that's the only defense she had 382 00:20:16,000 --> 00:20:19,679 Speaker 1: casting reasonable doubt as to who may have shaken Alicia. 383 00:20:20,320 --> 00:20:23,240 Speaker 5: Maybe the baby could have been shaken when she was 384 00:20:23,240 --> 00:20:28,520 Speaker 5: in the custody of her paternal grandparents the day before, 385 00:20:28,760 --> 00:20:31,320 Speaker 5: and then the symptoms only showed up the next day. 386 00:20:32,119 --> 00:20:34,320 Speaker 1: Tanya also testified in her own defense. 387 00:20:34,800 --> 00:20:40,000 Speaker 5: She tried to testify about Alicia's sickliness, her troubles breathing before, 388 00:20:40,640 --> 00:20:43,040 Speaker 5: but that didn't really lead anywhere because again, that wasn't 389 00:20:43,040 --> 00:20:45,360 Speaker 5: the defense theory. There was no expert to back that up. 390 00:20:45,440 --> 00:20:47,359 Speaker 5: Maybe there was something else going on here. 391 00:20:48,040 --> 00:20:51,480 Speaker 1: Is there any explanation why that wasn't Was it tried 392 00:20:51,520 --> 00:20:54,200 Speaker 1: to be presented and then it was barred, or why 393 00:20:54,320 --> 00:20:57,240 Speaker 1: wasn't any of this previous medical history entered? 394 00:20:57,800 --> 00:21:01,920 Speaker 5: Well, I think the defense layer correctly recognized that it 395 00:21:01,920 --> 00:21:04,639 Speaker 5: would have been treated as a red herring. The prosecution 396 00:21:04,760 --> 00:21:07,080 Speaker 5: would have criticized him for creating a red herring because 397 00:21:07,080 --> 00:21:10,000 Speaker 5: you've heard from all the experts that none of what 398 00:21:10,160 --> 00:21:13,320 Speaker 5: happened before matters. All that matters now is this baby 399 00:21:13,400 --> 00:21:16,399 Speaker 5: was shaken just before she died, so none of that 400 00:21:16,440 --> 00:21:17,040 Speaker 5: would have worked. 401 00:21:17,359 --> 00:21:20,200 Speaker 1: Tanya felt like there was no winning. 402 00:21:20,480 --> 00:21:23,000 Speaker 2: At that point, I kind of felt like I'm going 403 00:21:23,040 --> 00:21:23,479 Speaker 2: to prison. 404 00:21:26,680 --> 00:21:30,320 Speaker 1: During jury deliberations, she remembers her lawyer saying. 405 00:21:30,280 --> 00:21:32,400 Speaker 2: If the jury comes out and they refuse to look 406 00:21:32,440 --> 00:21:35,160 Speaker 2: you in the eye, you're pretty much guaranteed that they're 407 00:21:35,200 --> 00:21:36,159 Speaker 2: going to find you guilty. 408 00:21:36,200 --> 00:21:39,760 Speaker 3: And that's exactly what happened. My heart just. 409 00:21:39,840 --> 00:21:42,400 Speaker 2: Dropped watching them walk out of there, and only one 410 00:21:42,440 --> 00:21:45,080 Speaker 2: of them looked me in the eye. The rest of 411 00:21:45,119 --> 00:21:47,680 Speaker 2: them just looked at the floor and made their way 412 00:21:47,680 --> 00:21:50,240 Speaker 2: back to their seats before they handed over their verdict. 413 00:21:51,240 --> 00:21:55,640 Speaker 4: I was not actually prepared for them to find her guilty, 414 00:21:55,800 --> 00:22:00,600 Speaker 4: because I knew she was innocent, so that and I mean, 415 00:22:00,640 --> 00:22:01,800 Speaker 4: who can prepare you for that? 416 00:22:06,400 --> 00:22:09,280 Speaker 2: My niece was in the background, and if you ever 417 00:22:09,280 --> 00:22:11,399 Speaker 2: pull up the court documents, you will hear her like 418 00:22:11,600 --> 00:22:16,000 Speaker 2: scream when they read the verdict teeth. 419 00:22:21,880 --> 00:22:24,119 Speaker 4: And it was not even a second after that that 420 00:22:24,200 --> 00:22:27,040 Speaker 4: they were dragging her out, and I'm trying to reach 421 00:22:27,119 --> 00:22:30,080 Speaker 4: over the banister and grab her hands, and you know, 422 00:22:30,119 --> 00:22:34,639 Speaker 4: everybody's crying. Everybody's screaming, and we're all trying to grab 423 00:22:34,680 --> 00:22:36,720 Speaker 4: at her. You know, they wouldn't even let her say anything, 424 00:22:36,760 --> 00:22:39,919 Speaker 4: you know, they just drug her out like this. Horrendous criminal. 425 00:22:42,160 --> 00:22:43,800 Speaker 4: They wouldn't even let her say about. 426 00:22:43,640 --> 00:22:44,440 Speaker 1: It her family. 427 00:22:45,440 --> 00:22:54,720 Speaker 4: So for me, you know, thirteen, seeing them my best 428 00:22:54,760 --> 00:22:57,560 Speaker 4: friend away and my bigger sister to me like that, 429 00:22:57,640 --> 00:22:59,720 Speaker 4: and it was heartbreaking. 430 00:23:00,359 --> 00:23:03,840 Speaker 1: On April fourteenth, two thousand and three, then twenty year 431 00:23:03,840 --> 00:23:07,520 Speaker 1: old Tanya Miller was convicted of second screen murder and 432 00:23:07,640 --> 00:23:15,520 Speaker 1: was later sentenced to almost three decades behind bars. What 433 00:23:15,560 --> 00:23:17,879 Speaker 1: were your first years in prison? 434 00:23:18,000 --> 00:23:24,320 Speaker 2: Like, it's a very it's a huge culture shock to 435 00:23:24,600 --> 00:23:27,880 Speaker 2: just have everything taken away and just be told what 436 00:23:27,920 --> 00:23:31,199 Speaker 2: you can have or what you can do. And so 437 00:23:32,520 --> 00:23:34,439 Speaker 2: they asked you a bunch of questions about, you know, 438 00:23:34,480 --> 00:23:35,760 Speaker 2: your mental health, about your. 439 00:23:35,680 --> 00:23:36,760 Speaker 3: Past and whatnot. 440 00:23:37,320 --> 00:23:39,639 Speaker 2: And this man literally looked me in my face and 441 00:23:39,760 --> 00:23:41,640 Speaker 2: was like, you can't tell me that you're twenty years 442 00:23:41,680 --> 00:23:43,600 Speaker 2: old with a twenty year sentence and you've never done 443 00:23:43,680 --> 00:23:47,359 Speaker 2: drugs or alcohol. Like he did not believe that you 444 00:23:47,400 --> 00:23:50,280 Speaker 2: had never done drugs at aol, never never had an 445 00:23:50,320 --> 00:23:55,440 Speaker 2: inclination to attempt anything, still don't. So it just blew 446 00:23:55,440 --> 00:23:58,159 Speaker 2: me away that, like my attorney didn't believe in me. 447 00:23:58,200 --> 00:24:00,320 Speaker 2: And now I'm sitting here and I'm telling you that 448 00:24:00,320 --> 00:24:03,080 Speaker 2: I've never done this and you're like, I don't believe you. 449 00:24:02,720 --> 00:24:05,480 Speaker 1: What and you had doctors not believing. 450 00:24:05,119 --> 00:24:06,960 Speaker 2: You and doctors not believing me. 451 00:24:07,080 --> 00:24:13,639 Speaker 1: Yeah, I imagine feeling so small when nobody believes what 452 00:24:13,680 --> 00:24:19,520 Speaker 1: you're saying. Yeah, But Tanya's family believed her, and for 453 00:24:19,600 --> 00:24:22,640 Speaker 1: as long as they could, they tried to support her. 454 00:24:23,359 --> 00:24:26,560 Speaker 2: My family, you know, they're not financially secure really, so 455 00:24:27,160 --> 00:24:31,600 Speaker 2: that drive and you know, having to buy like photo 456 00:24:31,640 --> 00:24:34,480 Speaker 2: tickets or you know, a meal card or whatever to 457 00:24:34,520 --> 00:24:36,760 Speaker 2: be able to sit comfortably and just chat and you know, 458 00:24:36,840 --> 00:24:37,919 Speaker 2: eat with them and whatnot. 459 00:24:37,960 --> 00:24:39,320 Speaker 3: It was a lot on them. 460 00:24:39,920 --> 00:24:43,040 Speaker 2: And my mom had a really hard time leaving me there, 461 00:24:43,840 --> 00:24:46,919 Speaker 2: and my baby's sister had a really hard time leaving 462 00:24:46,960 --> 00:24:49,800 Speaker 2: me there, and so my mom kind of felt like 463 00:24:49,880 --> 00:24:54,000 Speaker 2: it wasn't worth bringing her or coming when it was, 464 00:24:54,280 --> 00:24:57,080 Speaker 2: it took so long for her to recover afterward. 465 00:24:57,119 --> 00:24:58,680 Speaker 1: So they stopped visiting as much. 466 00:24:58,840 --> 00:25:00,760 Speaker 2: I'm like, I have so many so if they just come, 467 00:25:01,040 --> 00:25:02,840 Speaker 2: you know, once a month, I'll have somebody come, you know, 468 00:25:02,920 --> 00:25:05,479 Speaker 2: every every month for a year. And it just didn't 469 00:25:05,800 --> 00:25:09,240 Speaker 2: work out that way at all. So the longer you do, 470 00:25:09,520 --> 00:25:12,040 Speaker 2: the less you'll see them, the less you'll hear from them. 471 00:25:12,119 --> 00:25:14,000 Speaker 2: The less a lands of the phone, and that is 472 00:25:14,040 --> 00:25:15,560 Speaker 2: one hundred percent the truth. 473 00:25:15,800 --> 00:25:20,119 Speaker 1: That as always there was Wit writing and calling and 474 00:25:20,200 --> 00:25:20,720 Speaker 1: checking in. 475 00:25:21,400 --> 00:25:25,000 Speaker 4: I feared for her life in prison, you know, all 476 00:25:25,040 --> 00:25:30,240 Speaker 4: the time, because of what they say she did and 477 00:25:30,320 --> 00:25:34,080 Speaker 4: what people can do to people in prison at her children, 478 00:25:35,640 --> 00:25:39,159 Speaker 4: even though she didn't so like. I constantly feared for her. 479 00:25:39,880 --> 00:25:42,959 Speaker 1: But Tanya says she kept out of trouble by keeping busy. 480 00:25:43,520 --> 00:25:46,560 Speaker 2: I worked the entire time, and I worked as much 481 00:25:46,600 --> 00:25:50,000 Speaker 2: as they would let me, and I took as many 482 00:25:50,040 --> 00:25:52,280 Speaker 2: classes as I could, whatever I could get into. I 483 00:25:52,400 --> 00:25:56,639 Speaker 2: even applied for like AA and NA, just to be 484 00:25:56,720 --> 00:25:57,760 Speaker 2: a part of something. 485 00:25:57,960 --> 00:26:02,120 Speaker 1: And between work and classes, Tanya's life was passing her by. 486 00:26:02,960 --> 00:26:07,240 Speaker 1: No twenty first birthday celebration, no college commencement ceremony. 487 00:26:07,840 --> 00:26:15,159 Speaker 4: So many missed Christmases, birthdays, holidays. Life's not fair. Life's 488 00:26:15,160 --> 00:26:15,639 Speaker 4: not fair. 489 00:26:16,560 --> 00:26:19,440 Speaker 1: And Tanya was missing out on her daughter, Kayla's life 490 00:26:19,480 --> 00:26:23,360 Speaker 1: as well. At first, Kayla staved with family, and Wit 491 00:26:23,640 --> 00:26:27,080 Speaker 1: tried to remain a constant in Kayla's life too. 492 00:26:27,320 --> 00:26:30,239 Speaker 4: I went out there every weekend. I bought we had 493 00:26:30,280 --> 00:26:35,320 Speaker 4: matching pajamas. That was my little buddy, blues Clues. I 494 00:26:35,359 --> 00:26:37,880 Speaker 4: took off his pictures as many pictures as I could 495 00:26:37,920 --> 00:26:40,600 Speaker 4: every weekend that I went. I went out there every weekend, 496 00:26:40,800 --> 00:26:43,840 Speaker 4: and I made this giant photo album for her and 497 00:26:43,960 --> 00:26:45,920 Speaker 4: just added through it throughout the years of like the 498 00:26:46,040 --> 00:26:48,320 Speaker 4: letters she would send me or the drawing she would 499 00:26:48,400 --> 00:26:51,000 Speaker 4: send me. I just tried to keep her in the 500 00:26:51,040 --> 00:26:53,160 Speaker 4: loop with the other child until I couldn't anymore. 501 00:26:54,000 --> 00:26:58,480 Speaker 1: Eventually, Kayla was adopted and denied contact with Tanya and 502 00:26:58,720 --> 00:27:03,080 Speaker 1: her loved ones, and the years kept passing by until 503 00:27:03,080 --> 00:27:06,480 Speaker 1: one day, out of the blue, a man reached out 504 00:27:06,480 --> 00:27:09,160 Speaker 1: to Tanya by the name of Jeremy Perry. 505 00:27:10,000 --> 00:27:12,720 Speaker 2: He was just a layman on the street. He had 506 00:27:12,920 --> 00:27:17,320 Speaker 2: no interest in the whole system or anything. He was 507 00:27:17,640 --> 00:27:20,479 Speaker 2: a I believe in a computer engineer. Maybe I might 508 00:27:20,520 --> 00:27:25,280 Speaker 2: have that wrong, but he's seen my picture and he 509 00:27:25,400 --> 00:27:27,000 Speaker 2: was like, your picture just stood in my mind because 510 00:27:27,000 --> 00:27:29,800 Speaker 2: you were so young, with such a long time, and 511 00:27:29,880 --> 00:27:32,359 Speaker 2: so he said it was probably a year later, like 512 00:27:32,440 --> 00:27:34,800 Speaker 2: my name kind of fell back into his mind and 513 00:27:34,840 --> 00:27:39,040 Speaker 2: he looked me up and he said he immediately believed 514 00:27:39,080 --> 00:27:41,679 Speaker 2: that I didn't do that, And so he wrote to 515 00:27:41,720 --> 00:27:43,080 Speaker 2: me and he asked me if I had heard of 516 00:27:43,119 --> 00:27:44,479 Speaker 2: the Michigan Innocence Clinic. 517 00:27:44,920 --> 00:27:48,680 Speaker 5: I'm thinking it was about twenty fifteen when we first 518 00:27:49,320 --> 00:27:53,919 Speaker 5: reviewed the case. We by that point had litigated several 519 00:27:53,920 --> 00:27:57,159 Speaker 5: other shaking baby syndrome cases. We had our first case 520 00:27:58,480 --> 00:28:03,080 Speaker 5: in twenty ten out of Julie Bomber, and we had 521 00:28:03,119 --> 00:28:04,720 Speaker 5: taken on several other cases. 522 00:28:05,400 --> 00:28:08,720 Speaker 1: Dave says that in the decade since Tanya had been convicted, 523 00:28:09,359 --> 00:28:12,359 Speaker 1: there had been a sea change in shake and baby 524 00:28:12,400 --> 00:28:13,320 Speaker 1: syndrome science. 525 00:28:13,920 --> 00:28:17,480 Speaker 5: What we've learned about shake baby syndrome really as twofold is, 526 00:28:17,520 --> 00:28:20,720 Speaker 5: first of all, it may not exist at all because 527 00:28:20,760 --> 00:28:22,680 Speaker 5: of the biomechanical difficulties. 528 00:28:23,040 --> 00:28:26,880 Speaker 1: Dave says, it's virtually impossible to shake a baby hard 529 00:28:26,960 --> 00:28:31,080 Speaker 1: enough to cause the triad of symptoms without breaking its neck. 530 00:28:31,520 --> 00:28:34,280 Speaker 5: If you could shake a baby hard enough to cause 531 00:28:34,280 --> 00:28:37,760 Speaker 5: these particular symptoms, you would almost certainly fracture the neck 532 00:28:37,800 --> 00:28:40,280 Speaker 5: and that would be the cause of death. And there 533 00:28:40,280 --> 00:28:41,640 Speaker 5: was no neck injury to Alicia. 534 00:28:41,840 --> 00:28:44,280 Speaker 1: And then there was Alicia's medical history. 535 00:28:44,880 --> 00:28:48,040 Speaker 5: One of the important things is is there a prior 536 00:28:48,200 --> 00:28:52,960 Speaker 5: history and have there been prior instances of the baby 537 00:28:53,560 --> 00:28:58,160 Speaker 5: not being well which can lead us and especially of 538 00:28:58,160 --> 00:29:02,000 Speaker 5: course our experts to see are any of the alternative 539 00:29:02,040 --> 00:29:05,000 Speaker 5: causes for the symptoms present, and we had all of 540 00:29:05,000 --> 00:29:05,720 Speaker 5: that in spades. 541 00:29:05,720 --> 00:29:05,920 Speaker 4: Here. 542 00:29:05,960 --> 00:29:09,760 Speaker 5: We had medical records showing that Alicia had had a 543 00:29:09,840 --> 00:29:13,440 Speaker 5: series of collapses before our student attorneys went out and 544 00:29:13,520 --> 00:29:19,520 Speaker 5: interviewed the people who had seen Alicia have these problems. 545 00:29:19,680 --> 00:29:22,560 Speaker 1: And there was a smoking gun that came from the 546 00:29:22,600 --> 00:29:25,440 Speaker 1: prosecution's own expert in. 547 00:29:25,480 --> 00:29:28,440 Speaker 5: One line on page seven of the autopsy report, which 548 00:29:28,480 --> 00:29:30,920 Speaker 5: was the very last page of the report. The forensic 549 00:29:31,000 --> 00:29:34,920 Speaker 5: pathologist who did the autopsy on Alicia after she died, 550 00:29:35,720 --> 00:29:42,000 Speaker 5: and he actually noted that Alicia had a cute bronchial 551 00:29:42,000 --> 00:29:43,440 Speaker 5: pneumonia pneumonia. 552 00:29:43,880 --> 00:29:47,680 Speaker 1: The slides from Alicia's lungs during autopsy showed a cute 553 00:29:47,840 --> 00:29:58,479 Speaker 1: bronchial pneumonia. Tanya had been right all along. Alicia was 554 00:29:58,800 --> 00:30:17,280 Speaker 1: really sick. In so many of these cases, women are 555 00:30:17,320 --> 00:30:22,120 Speaker 1: just not believed. Is this a pattern, you see? And 556 00:30:22,160 --> 00:30:24,680 Speaker 1: how is the pneumonia not caught? It's just kind of 557 00:30:24,720 --> 00:30:25,680 Speaker 1: mind blowing. 558 00:30:25,440 --> 00:30:30,680 Speaker 5: It is it is. It's amazing that you could have slides. 559 00:30:31,400 --> 00:30:34,920 Speaker 5: I mean, it's so obvious that there's something terribly terribly wrong, 560 00:30:35,680 --> 00:30:40,360 Speaker 5: but it's this dogma that it still exists today. 561 00:30:40,800 --> 00:30:45,080 Speaker 1: A dogma that leads doctors to almost instinctively diagnosed shaken 562 00:30:45,120 --> 00:30:49,440 Speaker 1: baby syndrome, ignoring the pleading mothers in front of them. 563 00:30:49,720 --> 00:30:53,000 Speaker 5: This was somebody who is doing her level best to 564 00:30:53,080 --> 00:30:55,880 Speaker 5: try and get the appropriate help for her infant and 565 00:30:56,800 --> 00:31:01,360 Speaker 5: was getting blown off. Shaking baby syndrome results in lots 566 00:31:01,360 --> 00:31:04,959 Speaker 5: and lots of wrongful conviction of women, probably more than 567 00:31:05,040 --> 00:31:10,280 Speaker 5: anything else, because women are usually the primary caregivers for 568 00:31:10,400 --> 00:31:11,080 Speaker 5: young infants. 569 00:31:11,480 --> 00:31:14,800 Speaker 1: Dave hired four of the leading experts in shaking baby 570 00:31:14,840 --> 00:31:16,800 Speaker 1: syndrome to look at Tanya's case. 571 00:31:17,160 --> 00:31:22,480 Speaker 5: They all came to very similar, overlapping conclusions about what 572 00:31:22,760 --> 00:31:26,000 Speaker 5: had actually happened to Alicia. Doctor Francis Green, who is 573 00:31:26,040 --> 00:31:29,600 Speaker 5: one of the world's leading experts in pediatric lung pathology, 574 00:31:30,720 --> 00:31:34,120 Speaker 5: who looked at the slides and he said, those slides 575 00:31:34,200 --> 00:31:38,880 Speaker 5: are inconsistent with life because Alicia had a case of 576 00:31:39,000 --> 00:31:43,400 Speaker 5: acute pneumonia that was so serious that she could not 577 00:31:43,440 --> 00:31:46,040 Speaker 5: have survived it. So we filed the case. 578 00:31:46,720 --> 00:31:50,040 Speaker 1: In twenty eighteen, they were granted a hearing and up 579 00:31:50,080 --> 00:31:53,240 Speaker 1: against the experts and the facts, the judge ruled in 580 00:31:53,320 --> 00:31:56,720 Speaker 1: favor of Tanya and granted her a new trial. 581 00:31:57,320 --> 00:32:01,479 Speaker 5: It was really no contest between the prosecution's one expert 582 00:32:01,560 --> 00:32:04,600 Speaker 5: from two thousand and three coming back and our experts, 583 00:32:04,680 --> 00:32:07,200 Speaker 5: and so the prosecution knew they could not win a retrial, 584 00:32:07,640 --> 00:32:12,440 Speaker 5: and so in early twenty twenty one, Tanya was released, 585 00:32:12,640 --> 00:32:17,600 Speaker 5: and that was a glorious day. 586 00:32:17,920 --> 00:32:21,520 Speaker 1: Tanya remembers leaving the prison and the people inside she 587 00:32:21,600 --> 00:32:22,440 Speaker 1: had grown up with. 588 00:32:23,240 --> 00:32:25,080 Speaker 2: And so then when I was leaving, there all banging 589 00:32:25,120 --> 00:32:28,400 Speaker 2: on the windows and you know, waving their goodbyes and everything. 590 00:32:28,640 --> 00:32:32,600 Speaker 2: Eighteen years, eighteen years, Yeah, it becomes a family unit 591 00:32:32,640 --> 00:32:32,960 Speaker 2: in there. 592 00:32:34,400 --> 00:32:37,320 Speaker 1: But now Tanya was free to be with her family 593 00:32:37,440 --> 00:32:38,360 Speaker 1: on the outside. 594 00:32:38,520 --> 00:32:40,520 Speaker 2: So I took some time just to really get to 595 00:32:40,640 --> 00:32:44,000 Speaker 2: know all of my siblings' children, how my nieces and nephews, 596 00:32:44,040 --> 00:32:46,560 Speaker 2: because they were all married and divorce and having kids 597 00:32:46,560 --> 00:32:48,640 Speaker 2: and everything while I was gone. You know, I lost 598 00:32:49,000 --> 00:32:52,040 Speaker 2: my father, I lost my grandparents. I have one surviving 599 00:32:52,040 --> 00:32:54,800 Speaker 2: grandmother right now, and so it was I took a 600 00:32:54,840 --> 00:32:57,560 Speaker 2: lot of time just kind of focusing on family. 601 00:32:58,480 --> 00:33:02,080 Speaker 4: I'm surprised I didn't break her bones from houganers so. 602 00:33:02,280 --> 00:33:05,040 Speaker 1: Hard, and that family includes wit. 603 00:33:05,800 --> 00:33:10,320 Speaker 4: Wait, is this real? Like she's really out, Like Okay, 604 00:33:10,520 --> 00:33:13,560 Speaker 4: I'm immediately going to Michigan. I spent the night there 605 00:33:13,560 --> 00:33:17,000 Speaker 4: with her. You know, we had a bonfire and hung out, 606 00:33:17,120 --> 00:33:20,480 Speaker 4: and we'd never been able to hang out as adults. 607 00:33:21,040 --> 00:33:24,080 Speaker 1: And remember the photo album Whit made while Tanya was 608 00:33:24,120 --> 00:33:24,560 Speaker 1: in prison. 609 00:33:25,240 --> 00:33:27,640 Speaker 4: She gave it to her, pictures of when we were 610 00:33:27,720 --> 00:33:31,360 Speaker 4: kids together. I had all her letters she wrote me 611 00:33:31,400 --> 00:33:35,480 Speaker 4: from jail in it, even her newspaper clip things. I 612 00:33:35,520 --> 00:33:36,920 Speaker 4: clipped them all out as a kid. 613 00:33:37,400 --> 00:33:40,280 Speaker 1: Wit still admires and looks up to Tanya after all 614 00:33:40,320 --> 00:33:40,920 Speaker 1: these years. 615 00:33:41,160 --> 00:33:43,320 Speaker 4: You see her and she's always laughing. And you know, 616 00:33:43,440 --> 00:33:46,880 Speaker 4: she's not sitting over there like with a nasty look 617 00:33:46,920 --> 00:33:49,400 Speaker 4: on her face or you know what I mean. She's happy. 618 00:33:49,680 --> 00:33:53,720 Speaker 4: She's living her life that she deserved to live. And 619 00:33:54,440 --> 00:33:57,000 Speaker 4: I tell her, live your life than she is. 620 00:33:57,680 --> 00:34:00,800 Speaker 2: I've kind of done a few things I probably never 621 00:34:00,800 --> 00:34:01,960 Speaker 2: would have done. 622 00:34:02,840 --> 00:34:05,520 Speaker 3: What jumping out of a plane. Oh my gosh, she 623 00:34:05,560 --> 00:34:08,719 Speaker 3: went skydiving. I went skydiving. Yeah, how was that? It 624 00:34:08,800 --> 00:34:11,520 Speaker 3: was incredible? To be honest, yeah it was. 625 00:34:12,440 --> 00:34:16,000 Speaker 2: I can't even describe the free inness that you feel 626 00:34:16,520 --> 00:34:17,160 Speaker 2: just doing that. 627 00:34:22,680 --> 00:34:25,600 Speaker 1: But there's still one part about her life that's on hold, 628 00:34:26,200 --> 00:34:30,000 Speaker 1: her relationship with her first born Kayla, now twenty three 629 00:34:30,040 --> 00:34:33,840 Speaker 1: years old. Tanya's reached out a couple of times but 630 00:34:33,960 --> 00:34:35,279 Speaker 1: has been shut out. 631 00:34:36,160 --> 00:34:38,520 Speaker 2: Trying to put myself in her shoes and just give 632 00:34:38,560 --> 00:34:41,640 Speaker 2: her that time, in that space and hope that eventually 633 00:34:42,200 --> 00:34:45,240 Speaker 2: she'll understand that I loved her all of these years, 634 00:34:45,280 --> 00:34:47,279 Speaker 2: and I didn't do this to her little sister, and 635 00:34:47,320 --> 00:34:48,919 Speaker 2: I would have been in her life if I had 636 00:34:48,960 --> 00:34:52,799 Speaker 2: the opportunity, and you know, just that her family really 637 00:34:52,840 --> 00:34:55,879 Speaker 2: truly does love her. Everybody wants to get to know her. 638 00:34:56,280 --> 00:34:59,200 Speaker 2: Everybody wants a part of her life. They were all 639 00:34:59,320 --> 00:35:01,920 Speaker 2: kind of tol that they couldn't be a part of 640 00:35:01,960 --> 00:35:07,960 Speaker 2: her life, and so nobody abandoned her. She's never been abandoned, 641 00:35:08,000 --> 00:35:10,640 Speaker 2: She's never been forgotten. We celebrate her birthday every year, 642 00:35:11,160 --> 00:35:12,920 Speaker 2: you know, we talk about her all the time. 643 00:35:14,360 --> 00:35:15,239 Speaker 3: We just wish her well. 644 00:35:20,800 --> 00:35:25,440 Speaker 1: According to the National Registry of Exonerations, at least thirty 645 00:35:25,560 --> 00:35:29,440 Speaker 1: shaken baby syndrome convictions have been overturned in the last 646 00:35:29,480 --> 00:35:34,920 Speaker 1: three decades. Prosecutors continue to charge parents and caretakers with 647 00:35:35,040 --> 00:35:40,440 Speaker 1: this crime. Thank you for listening to wrongful conviction with 648 00:35:40,480 --> 00:35:44,480 Speaker 1: Maggie Freeling. Please support your local innocence organizations and go 649 00:35:44,520 --> 00:35:47,120 Speaker 1: to the links in the episode description to see how 650 00:35:47,120 --> 00:35:51,080 Speaker 1: you can help. This episode was written by me Maggie Freeling, 651 00:35:51,239 --> 00:35:54,960 Speaker 1: with story editing and mixing by senior producer Rebecca Ibada. 652 00:35:55,200 --> 00:35:59,120 Speaker 1: Our producer is Kathleen Fink. Our researcher Shelby Sorels, with 653 00:35:59,160 --> 00:36:02,520 Speaker 1: additional mixing by Josh Allen and additional production help by 654 00:36:02,560 --> 00:36:06,080 Speaker 1: Jeff Clyburn and Connor Hall. Thank you to the podcast 655 00:36:06,239 --> 00:36:09,040 Speaker 1: Life of the Law and the Midial Justice Project for 656 00:36:09,120 --> 00:36:13,160 Speaker 1: letting us use their audio of Tanya's trial. Executive producers 657 00:36:13,200 --> 00:36:16,640 Speaker 1: are Jason Flam, Jeff Kempler, and Kevin Wortis. The music 658 00:36:16,760 --> 00:36:20,640 Speaker 1: is by three time OSCAR nominated composer Jay Ralph. Make 659 00:36:20,640 --> 00:36:23,120 Speaker 1: sure to follow us on all social media platforms at 660 00:36:23,239 --> 00:36:26,040 Speaker 1: Lava for Good and at Wrongful Conviction. You can also 661 00:36:26,080 --> 00:36:29,880 Speaker 1: follow me on all platforms at Maggie Freeling. Wrongful Conviction 662 00:36:29,960 --> 00:36:32,399 Speaker 1: with Maggie Freeling is a production of Lava for Good 663 00:36:32,440 --> 00:36:35,799 Speaker 1: Podcasts in association with Signal Company Number One