WEBVTT - #523 Jason Flom with Lerico Kearney

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<v Speaker 1>On November twenty first, nineteen ninety seven, a Suffolk County,

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<v Speaker 1>Virginia man known for drug dealing in gambling named Gene

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<v Speaker 1>Artists and his sister, Yvonne Giles, were both fatally shot

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<v Speaker 1>in front of Yvonne's six year old son, Trayvon. The

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<v Speaker 1>boy was discovered in his blood soaked T shirt and

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<v Speaker 1>underwear outside of the house shortly after the shooting around

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<v Speaker 1>ten pm. Trayvon gave a very descriptive police report, but

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<v Speaker 1>later became unable to remember the details of the tragic event.

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<v Speaker 1>In a court of law. However, Gene Artist's girlfriend and

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<v Speaker 1>several other associates began making police statements that named another

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<v Speaker 1>man involved in the drug trade, Larico Kearney, collectively saying

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<v Speaker 1>that he shot Jeanne to recover a large gambling loss.

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<v Speaker 1>Shortly before his trial, another drug dealer claimed that l

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<v Speaker 1>Rico had plotted to rob Gene Artists of the gambling

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<v Speaker 1>score in order to.

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<v Speaker 2>Repay him for a drug debt.

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<v Speaker 1>Laurco was convicted, but a constitutional violation triggered a new

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<v Speaker 1>trial in which three new witnesses joined the Commonwealth case.

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<v Speaker 1>With this many people willing to testify, revealing the statements

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<v Speaker 1>of the only person who actually saw the murders wouldn't

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<v Speaker 1>even have seemed like it was necessary. But this is

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<v Speaker 1>wrongful conviction. Welcome back to wrongful conviction. Today we have

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<v Speaker 1>another case out of Virginia, which, again the entire substance

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<v Speaker 1>of the States case was built upon the words of

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<v Speaker 1>incentivized witnesses receiving leniency on their own charges, by the way,

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<v Speaker 1>all while ignoring the only actual credible witness and the

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<v Speaker 1>most likely suspect. Meanwhile, the man who they focused on

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<v Speaker 1>instead is calling in today, over twenty five long years

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<v Speaker 1>later from Greensville Correctional Facility of Virginia. Larico Kearney, I'm

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<v Speaker 1>sorry you're with us today under the circumstances, but all

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<v Speaker 1>of us here at wrongful Conviction are happy and honor

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<v Speaker 1>that you're joining us today.

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<v Speaker 3>Thank y'all just for giving me this opportunity, you know,

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<v Speaker 3>to share my story.

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<v Speaker 1>Yeah, you're most welcome and also joining us. And you'll

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<v Speaker 1>remember him from our comforage of Terrence Hobbs is Lenny Singleton,

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<v Speaker 1>who did his own stint a legal conviction but a

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<v Speaker 1>crazy sentence of the thousand, three hundred and ten years

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<v Speaker 1>for having stolen a little over five hundred dollars. No

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<v Speaker 1>one was hurt, and no weapon was used. Lenny was

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<v Speaker 1>a jailhouse lawyer and then benefited from a conditional pardon

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<v Speaker 1>and soon joined the Cagashaw Law firm, from which he

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<v Speaker 1>and his wife, Vandy crusade for the wrongfully convicted. So, Lenny,

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<v Speaker 1>welcome back to the show.

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<v Speaker 2>Oh thank you, great to be here.

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<v Speaker 1>I think our audience will agree that this is very

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<v Speaker 1>similar to Terrence Hobbs's case, not the story itself, but

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<v Speaker 1>the patterns of the investigation and the misconduct and the prosecution.

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<v Speaker 1>The towns in which they occurred were less than twenty

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<v Speaker 1>miles apart, by the way, where As I alluded to

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<v Speaker 1>in the opening, you have a crime that occurred in

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<v Speaker 1>the drug culture of the nineties and an investigation that

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<v Speaker 1>bent over backwards to ignore the most likely suspect, turning

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<v Speaker 1>instead to incentivize and or coerced witness testimony in exchange

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<v Speaker 1>for sentence reductions and things like that. The similarities of

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<v Speaker 1>the cases are striking, from which it's easy to see

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<v Speaker 1>that there's patterns here.

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<v Speaker 2>Right.

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<v Speaker 1>We see these all over the country, but it seems

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<v Speaker 1>like there's a cluster of them in Virginia.

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<v Speaker 2>I don't know that we could just focus on Virginia.

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<v Speaker 2>I think this is a widespread issue where snitches, and

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<v Speaker 2>most of them do this for a living. They're always

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<v Speaker 2>in trouble and they know how to work the system.

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<v Speaker 2>They know who to call, they know who to get

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<v Speaker 2>in contact with. I've seen several cases in Virginia where

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<v Speaker 2>guys will see someone on TV on the news, call

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<v Speaker 2>someone and say, look, I'm in the pub with this

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<v Speaker 2>guy and I overheard him saying this, that and the other,

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<v Speaker 2>when in fact those things have never happened. But it

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<v Speaker 2>is a culture in Virginia that needs to be stopped

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<v Speaker 2>for sure, because I've never seen one that actually was true.

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<v Speaker 2>They're always working to get a deal, get a time cut,

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<v Speaker 2>as you could clearly see in the letters that Lorico's

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<v Speaker 2>attorney was able to obtain these inmates, writing folk telling

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<v Speaker 2>them I'll say whatever you need me to say, just

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<v Speaker 2>let me get this certain deal.

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<v Speaker 1>And we'll quote from those letters later. It's really egregious.

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<v Speaker 1>And of course, again this doesn't only happen in Virginia.

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<v Speaker 1>It happens in all fifty states, but some states have

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<v Speaker 1>even enacted laws in order to only allow this kind

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<v Speaker 1>of testimony if it's corroborated by some physical evidence, of

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<v Speaker 1>which there usually is none, and this case is no exception.

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<v Speaker 1>But before we get into all of that, Lorico, you

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<v Speaker 1>grew up in kind of like in two different places,

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<v Speaker 1>mostly with your mom in Surrey, Virginia and then part

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<v Speaker 1>of the time with your father and your grandparents in Suffolk, Virginia.

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<v Speaker 1>Is that right.

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<v Speaker 3>I'm a regally from Suffolk, Virginia. My mom was a

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<v Speaker 3>single parent. You know. My dad, you know, he was

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<v Speaker 3>you know, in and out of the streets. You know,

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<v Speaker 3>he was in and out of jail. My mother's job

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<v Speaker 3>carried her for different places. So I moved from Suffolk

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<v Speaker 3>to Windsor, and eventually I moved to Surrey County, but

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<v Speaker 3>I was still, you know, visiting my grandmother and my

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<v Speaker 3>father on the weekends. And like I said, you know,

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<v Speaker 3>my father, you know he told drugs, and me watching

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<v Speaker 3>my father, you know, you see the so called drug

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<v Speaker 3>that they're wearing nice clothes, driving nice cars, and you know,

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<v Speaker 3>I thought that was cool.

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<v Speaker 1>And this is something I've heard before when a young

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<v Speaker 1>person growing up around that scene quickly notices that everyone

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<v Speaker 1>who's not selling drugs is struggling to get by while

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<v Speaker 1>the ones who are involved in the trade have seemingly

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<v Speaker 1>comfortable lives.

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<v Speaker 2>And money in your pocket. Yeah, back in those days, seriously, yeah,

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<v Speaker 2>you know when crack cocaine hit. Yeah, they were the

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<v Speaker 2>heroes in the neighborhood actually, sadly.

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<v Speaker 1>And the only ones with any real economic power, until,

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<v Speaker 1>of course they got caught and sent away from some

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<v Speaker 1>ungodly sentence, like la Rico's father.

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<v Speaker 3>But my father went to prison in nineteen ninety five.

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<v Speaker 3>He had fifty four years under the old with parole.

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<v Speaker 3>He was denied a couple of times. He ended up

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<v Speaker 3>doing sixteen years and four months.

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<v Speaker 1>And what did life look like for you after he

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<v Speaker 1>went away? I understand you had moved out of your

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<v Speaker 1>mom's in with your father and your grandparents.

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<v Speaker 3>It's just me, my grandmother or my grandfather. I'man thoseing

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<v Speaker 3>in the streets. There's nothing you know to glorify, you know,

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<v Speaker 3>be proud of. But I was in no baying and

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<v Speaker 3>selling drugs, right, So you.

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<v Speaker 1>Were probably already on the radar of local law enforcement.

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<v Speaker 1>But had you ever been arrested before I was.

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<v Speaker 3>Arrested in October of ninety seven. I had a possession

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<v Speaker 3>of cocaine, assault on the ULSA, and other traffic violations

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<v Speaker 3>that came with that same incident one month before this happened.

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<v Speaker 1>Whoa, whoa, Back up a second. There the assault of

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<v Speaker 1>a police officer. What happened in that case?

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<v Speaker 3>I think in the process of them restraining me, I

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<v Speaker 3>think he may have hurt his finger.

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<v Speaker 1>Oh Jesus Christ, I mean so since the arrest was

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<v Speaker 1>the impetus for the officer's injury, they, of course, you know,

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<v Speaker 1>some sort of centers are gaslighting move. They got to

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<v Speaker 1>charge you with assault of an officer, which makes you

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<v Speaker 1>sound like a super violent person when in actuality he

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<v Speaker 1>had injured himself.

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<v Speaker 3>Yes, sir.

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<v Speaker 1>And so now with this arrest and the alleged assault,

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<v Speaker 1>and I'm putting that in quotation marks of a police

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<v Speaker 1>officer just a month before the murders. From what I understand,

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<v Speaker 1>this put you on house arrests with an ankle monitor

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<v Speaker 1>with only supervised outings. So, needless to say, you're a

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<v Speaker 1>well known entity of the local police. You were right

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<v Speaker 1>for the picking, so to speak. Right, you were easy

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<v Speaker 1>fall guy for them. And one of the deceased in

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<v Speaker 1>this case was also known to both you and the police,

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<v Speaker 1>which is a guy named David Eugene artists who went

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<v Speaker 1>by a GENA. What was your relationship to Jean.

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<v Speaker 3>We would run at each other on a regular basis,

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<v Speaker 3>you know, Like I said, he was a drug dealer

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<v Speaker 3>in the area. And Jean would you know, always, you know,

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<v Speaker 3>look to entice people to gamble, to shoot dice because

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<v Speaker 3>he was he was good at it. I guess that's

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<v Speaker 3>how he supported itself, no gambling and selling drugs.

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<v Speaker 1>And it was part of the States theory that he

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<v Speaker 1>had enticed you into a few games in which you

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<v Speaker 1>had lost big money. Did you used to gamble with Gene?

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<v Speaker 3>I never personally gambled with Gene because I knew how

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<v Speaker 3>I knew how good Gene was.

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<v Speaker 2>Yeah, some of those guys, man, they come up with

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<v Speaker 2>these techniques. There's a way you can actually set the

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<v Speaker 2>dice and increase the probability of a certain number. Gene

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<v Speaker 2>probably was good with dice. He knew how to set him,

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<v Speaker 2>he knew how to increase his chances at winning.

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<v Speaker 1>So you knew better than to play with Gene. Your

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<v Speaker 1>father been the one who gave you that advice.

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<v Speaker 3>He actually did on more than one occasion. He actually did.

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<v Speaker 1>You had even turned him down in front of two

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<v Speaker 1>individuals who eventually were coerced into testifying against you. I'm

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<v Speaker 1>talking about Casey Davis and Travis Chalk.

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<v Speaker 3>The morning that Gene Artist was killed, he came to

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<v Speaker 3>the house of trying to entice us to gamble. Of

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<v Speaker 3>course all of us said no.

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<v Speaker 1>Right, but the authorities eventually coerced those two men into

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<v Speaker 1>making false statements about you, saying that you were in

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<v Speaker 1>possession of a black forty five caliber from the day before,

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<v Speaker 1>and men in the morning of the twenty first, that

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<v Speaker 1>you had said, quote, if he don't have it g

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<v Speaker 1>or better, I'm gonna kill him because I'm tired of

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<v Speaker 1>him winning my money and coming with no money end quote.

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<v Speaker 1>Chalk went on to say that you and Jean shot

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<v Speaker 1>dice for about an hour and then agreed to pause

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<v Speaker 1>the game and pick it up later. The authorities were

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<v Speaker 1>also successful in getting Jean's girlfriend at the time to

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<v Speaker 1>say that you had once lost something like five thousand

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<v Speaker 1>dollars to Jeane and the dice game, but that also

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<v Speaker 1>had never happened.

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<v Speaker 3>His girlfriend at the time, her name was Sabrina Northfleet.

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<v Speaker 3>I think that she had some child depended or she

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<v Speaker 3>had a situation going on, you know, that's why she

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<v Speaker 3>fabricated the story which never happened, seeing me gamble with

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<v Speaker 3>Jean in the place that, as God's my witness, I

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<v Speaker 3>had never my life been to.

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<v Speaker 1>But there was something that she testified to that was true,

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<v Speaker 1>which was seeing you and Jane together earlier on in

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<v Speaker 1>the night that he was murdered, when she pulled up

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<v Speaker 1>to Jean and a gas station and you had asked

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<v Speaker 1>him for a ride home.

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<v Speaker 3>I was at the sub shot that was across the

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<v Speaker 3>street from the gas station that Geene Artists was at,

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<v Speaker 3>asked her for a rat and she had pulled up

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<v Speaker 3>in that station two. I guess her.

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<v Speaker 1>Gene.

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<v Speaker 3>They had an argument, but she did see me sitting

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<v Speaker 3>in the car with Jene. He was just giving me

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<v Speaker 3>a ride home.

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<v Speaker 1>So he dropped you off with your grandparents. You later

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<v Speaker 1>walked down the street to be with one of your

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<v Speaker 1>kids at the child's mother's house. Both the child's mother

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<v Speaker 1>and grandmother later testified to your whereabouts during the murders

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<v Speaker 1>of Gene Artists had his sister, Evon Giles, which was

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<v Speaker 1>November twenty first, nineteen ninety seven. They were both shot

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<v Speaker 1>while at home sometime between nine and ten pm, and

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<v Speaker 1>apparently there was a pizza delivery before the murders. The

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<v Speaker 1>pizza delivery person, Teresa Rix, saw two men arguing on

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<v Speaker 1>their way into the residence at one sixteen Franklin Street,

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<v Speaker 1>neither of which she recognized as you we go. So

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<v Speaker 1>there was another witness to this entire harrowing scene, this

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<v Speaker 1>whole ordeal.

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<v Speaker 2>There was one person who was there and who actually

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<v Speaker 2>saw the killer, six year old Trayvon Artists, who lived

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<v Speaker 2>in the apartment with his mother and his uncle. At

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<v Speaker 2>about ten pm the night of November twenty first, ninety seven,

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<v Speaker 2>Treyvon was found standing outside of that one sixteen Franklin

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<v Speaker 2>Street address, wearing nothing but a shirt and his underwear,

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<v Speaker 2>with his mother's blood on his clothes, and he led

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<v Speaker 2>a neighbor to the bodies in the apartment.

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<v Speaker 1>Okay, first, let's take a second to recognize that this

0:11:12.040 --> 0:11:16.400
<v Speaker 1>is a frightened little boy in a terrifying situation. Now,

0:11:16.920 --> 0:11:19.800
<v Speaker 1>the neighbor that took him back inside was his mother's boyfriend,

0:11:19.960 --> 0:11:22.640
<v Speaker 1>Jody Cross, and by now the police had been called.

0:11:22.760 --> 0:11:26.319
<v Speaker 2>Trayvon gave a statement to the police at eleven pm.

0:11:26.320 --> 0:11:29.480
<v Speaker 2>So this wasn't long after, in which he stated clearly

0:11:30.040 --> 0:11:33.920
<v Speaker 2>and unequivocally that a relative of his name, Gregory Artist,

0:11:34.120 --> 0:11:37.920
<v Speaker 2>not Lorico, had been in the apartment and had shot

0:11:37.960 --> 0:11:42.400
<v Speaker 2>and killed his mother, Yvonne Giles, right in front of him.

0:11:42.480 --> 0:11:47.240
<v Speaker 2>He repeated these statements to the police twice more the next.

0:11:47.160 --> 0:11:50.559
<v Speaker 1>Day, and he's crystal clear with the police about what happened.

0:11:50.880 --> 0:11:52.880
<v Speaker 1>Can you read some of the report for us?

0:11:53.120 --> 0:11:55.800
<v Speaker 2>They questioned, did you see the man that shot your mom?

0:11:55.880 --> 0:11:58.520
<v Speaker 2>He said yes, and they asked him, is his name

0:11:58.640 --> 0:12:02.839
<v Speaker 2>Jody Cross? He says, no, that's my mom's boyfriend. Did

0:12:02.880 --> 0:12:07.080
<v Speaker 2>Gregory Artists shoot your mom? Yes? Did you see Gregory

0:12:07.160 --> 0:12:08.480
<v Speaker 2>Artist shoot your mom?

0:12:09.040 --> 0:12:09.319
<v Speaker 3>Yes?

0:12:09.800 --> 0:12:12.280
<v Speaker 2>How do you know Gregory Artists? He has been to

0:12:12.360 --> 0:12:16.120
<v Speaker 2>my house before and played cards with my uncle. Cravon

0:12:16.720 --> 0:12:21.280
<v Speaker 2>gives the police details. He says, I've spent time at

0:12:21.280 --> 0:12:25.280
<v Speaker 2>his house, his kids and I play together. He knows

0:12:25.360 --> 0:12:28.199
<v Speaker 2>this guy. So they ask him, tell me, in your

0:12:28.200 --> 0:12:32.080
<v Speaker 2>own words, what you know about this offense? And I

0:12:32.120 --> 0:12:35.960
<v Speaker 2>guess this is the next day, he says, Trayvon Artists

0:12:35.960 --> 0:12:39.800
<v Speaker 2>advised he was in his mom's bedroom with her watching

0:12:39.920 --> 0:12:45.199
<v Speaker 2>TV when he heard David and Gregory Artists arguing. They

0:12:45.200 --> 0:12:49.760
<v Speaker 2>were arguing over a card game. Gregory said that David

0:12:50.280 --> 0:12:51.480
<v Speaker 2>was cheating again.

0:12:51.600 --> 0:12:55.080
<v Speaker 1>Jean's full name is David Eugene Artists, so the name

0:12:55.280 --> 0:12:58.040
<v Speaker 1>David and Jeane refer to the same man.

0:12:58.200 --> 0:13:02.880
<v Speaker 2>He says that Jane had a small silver gun and

0:13:02.920 --> 0:13:08.319
<v Speaker 2>that Gregory had a big black gun. That Jean shot Gregory,

0:13:08.559 --> 0:13:12.000
<v Speaker 2>and Gregory shot at Jean. Him and his mom went

0:13:12.040 --> 0:13:15.160
<v Speaker 2>into Trayvon's clause at the hide. When no more shots

0:13:15.160 --> 0:13:17.760
<v Speaker 2>were fired, him and his mom got out of the

0:13:17.800 --> 0:13:21.040
<v Speaker 2>closet and went down the hall. He followed his mom.

0:13:21.760 --> 0:13:24.440
<v Speaker 2>Once they were in the front foyer, Gregory and David

0:13:24.679 --> 0:13:27.960
<v Speaker 2>were standing there and two more shots were fired and

0:13:28.000 --> 0:13:31.200
<v Speaker 2>he fell dead on the floor. Gregory then walked up

0:13:31.240 --> 0:13:35.280
<v Speaker 2>to me and my mom and he was told by Gregory,

0:13:35.679 --> 0:13:38.400
<v Speaker 2>I'm going to shoot and kill your mom now. And

0:13:38.480 --> 0:13:42.200
<v Speaker 2>remember Gregory Artists killed your mom and that's when he

0:13:42.240 --> 0:13:44.520
<v Speaker 2>shot her, this says in the neck area, and she

0:13:44.559 --> 0:13:47.800
<v Speaker 2>fell on the floor by the window and he shot

0:13:47.800 --> 0:13:51.960
<v Speaker 2>her again. Gregory then left out the house and then

0:13:52.040 --> 0:13:55.200
<v Speaker 2>they asked him to describe Gregory Artists, and he describes

0:13:55.280 --> 0:13:58.520
<v Speaker 2>him to the t. He says that Gregory Artist was

0:13:58.520 --> 0:14:02.640
<v Speaker 2>a black male, darker skin with two birthmarks and moles

0:14:02.920 --> 0:14:06.520
<v Speaker 2>on each side of his forehead, and white freckles. He's

0:14:06.559 --> 0:14:10.520
<v Speaker 2>about fifty years old. Gregory lives in North Carolina, the

0:14:10.559 --> 0:14:12.959
<v Speaker 2>two story house and lives with his mom.

0:14:13.400 --> 0:14:15.760
<v Speaker 1>It's just awful for this little kid. And then the

0:14:15.800 --> 0:14:18.920
<v Speaker 1>authorities appear to have completely ignored him except for the

0:14:18.960 --> 0:14:22.400
<v Speaker 1>description of the murder weapon, a big black gun which

0:14:22.440 --> 0:14:24.560
<v Speaker 1>they knew to be a forty five from the fragments

0:14:24.560 --> 0:14:27.720
<v Speaker 1>they pulled from his mother's skull. Now seven hundred dollars

0:14:27.760 --> 0:14:30.280
<v Speaker 1>in cast was also found at the scene, I believe

0:14:30.560 --> 0:14:33.440
<v Speaker 1>five hundred and fifty of which was in Gene Artist's pocket,

0:14:33.680 --> 0:14:36.120
<v Speaker 1>in addition to some drugs. So the idea that this

0:14:36.280 --> 0:14:39.280
<v Speaker 1>was a robbery sprung on by dice game losses to

0:14:39.320 --> 0:14:43.240
<v Speaker 1>a fellow drug dealer is absurd. But instead of just

0:14:43.240 --> 0:14:46.560
<v Speaker 1>going to North Carolina and arresting Gregory Artist, Detective E. C.

0:14:46.760 --> 0:14:49.960
<v Speaker 1>Harris appears to use jeens involvement and drugs as an

0:14:50.000 --> 0:14:53.880
<v Speaker 1>opportunity to target other guys in that business, including yourself,

0:14:54.280 --> 0:14:56.920
<v Speaker 1>for either a wrongful conviction or a false statement to

0:14:57.080 --> 0:15:00.120
<v Speaker 1>use in a wrongful conviction. And as we mentioned, you

0:15:00.160 --> 0:15:02.480
<v Speaker 1>were on house arrest at the time for that cocaine

0:15:02.520 --> 0:15:05.720
<v Speaker 1>possession and the bogus assault charge when they came to

0:15:05.760 --> 0:15:07.840
<v Speaker 1>see you, and you had been seeing with Jean at

0:15:07.880 --> 0:15:10.120
<v Speaker 1>the gas station that night, so your name was floating

0:15:10.120 --> 0:15:11.760
<v Speaker 1>around in the rumor mil so to speak.

0:15:12.040 --> 0:15:13.800
<v Speaker 3>So I guess, you know, my name was in his

0:15:13.920 --> 0:15:16.880
<v Speaker 3>roomor mill, and they realized that I was on house arrest.

0:15:17.160 --> 0:15:20.640
<v Speaker 3>They gave me a violation because I was actually out

0:15:20.680 --> 0:15:23.640
<v Speaker 3>of my house, you know, that weekend that this crame happened.

0:15:23.760 --> 0:15:26.200
<v Speaker 3>So I was taking to jail, and I guess the

0:15:26.240 --> 0:15:29.479
<v Speaker 3>prosecutor or whoever had planned me to sell with an informant.

0:15:29.680 --> 0:15:33.480
<v Speaker 3>His name was Brad Parker, and he tried to question

0:15:33.640 --> 0:15:36.920
<v Speaker 3>me about these homicides, and I explained to the gentleman like, no,

0:15:37.040 --> 0:15:39.320
<v Speaker 3>that's not what I'm locked up for. The following week,

0:15:39.360 --> 0:15:41.440
<v Speaker 3>I was giving a bond, so I was out again.

0:15:42.120 --> 0:15:44.880
<v Speaker 3>Later on he ended up writing to the prosecutors or

0:15:44.920 --> 0:15:47.560
<v Speaker 3>whatever and telling them that I admitted to him while

0:15:47.560 --> 0:15:49.720
<v Speaker 3>I was in that sale about committing these crimes. So

0:15:49.760 --> 0:15:52.600
<v Speaker 3>I think all investigations everything stemmed from that.

0:15:52.880 --> 0:15:55.600
<v Speaker 1>And he wasn't the only one willing to offer false

0:15:55.600 --> 0:15:59.440
<v Speaker 1>statements against you and your co defending Quinton Parish AKAQP.

0:16:00.040 --> 0:16:04.520
<v Speaker 1>Eventually a laundry list of people was compiled, including Casey Davis,

0:16:04.560 --> 0:16:08.680
<v Speaker 1>Travis Chalk, Sabrina Northfleet, as well as two other guys,

0:16:08.720 --> 0:16:11.440
<v Speaker 1>Tony Booth and Willie Hardy. But was this statement from

0:16:11.480 --> 0:16:14.680
<v Speaker 1>Brad Parker how they originally obtained your arrest warrant?

0:16:14.840 --> 0:16:17.440
<v Speaker 3>No, it wasn't Brad Parker. They had got a statement

0:16:17.960 --> 0:16:21.080
<v Speaker 3>from a Willie Hardy statement that I made a layer's

0:16:21.080 --> 0:16:23.600
<v Speaker 3>profession to him about committing these murders. He was a

0:16:23.640 --> 0:16:27.120
<v Speaker 3>suspect in his crime. Him and my co defendant, Quintin persh.

0:16:26.960 --> 0:16:29.120
<v Speaker 1>So it turned out that he and Quinton Parish were

0:16:29.200 --> 0:16:31.160
<v Speaker 1>childhood buddies who grew up on the same block. But

0:16:31.240 --> 0:16:34.600
<v Speaker 1>Quinton refused to give false statements, unlike Willie Hardy. So

0:16:34.920 --> 0:16:37.440
<v Speaker 1>you were arrested on December twenty eighth, nineteen ninety seven,

0:16:37.760 --> 0:16:40.360
<v Speaker 1>and your family hired an attorney named Ken Melvin, who

0:16:40.440 --> 0:16:41.479
<v Speaker 1>was very effective.

0:16:41.560 --> 0:16:41.800
<v Speaker 2>Now.

0:16:42.400 --> 0:16:45.240
<v Speaker 1>Hardy testified to this false statement at a preliminary hearing

0:16:45.240 --> 0:16:47.240
<v Speaker 1>in June of ninety eight, but ended up catching his

0:16:47.320 --> 0:16:51.600
<v Speaker 1>own charges and hired William P. Robinson, the same attorney

0:16:51.640 --> 0:16:55.280
<v Speaker 1>as his buddy Quinton Parish, you're a co defendant. Hardy

0:16:55.320 --> 0:16:58.320
<v Speaker 1>admitted to his attorney Robinson that he had given false

0:16:58.360 --> 0:17:01.520
<v Speaker 1>testimony against you, and your attorney Ken Melvin was present.

0:17:01.560 --> 0:17:07.080
<v Speaker 2>They recorded this conversation where he admitted to lying about Larco' Kearney. Willie.

0:17:07.119 --> 0:17:11.520
<v Speaker 2>Hardy said he had been threatened and harassed by detectives

0:17:11.600 --> 0:17:14.440
<v Speaker 2>every day, threatening the charging with the crimes for which

0:17:14.520 --> 0:17:16.040
<v Speaker 2>Kearney is incarcerating.

0:17:16.160 --> 0:17:19.199
<v Speaker 1>So now with this recording, your attorney filed emotion for

0:17:19.240 --> 0:17:22.080
<v Speaker 1>dismissal of all charges against you, and eventually there was

0:17:22.119 --> 0:17:25.679
<v Speaker 1>a hearing. Meanwhile, the prosecution was scrambling to find a

0:17:25.720 --> 0:17:28.119
<v Speaker 1>new star witness and they found another guy from the

0:17:28.160 --> 0:17:30.159
<v Speaker 1>Suffolk drug game, Tony Booth.

0:17:30.400 --> 0:17:33.040
<v Speaker 3>I ran into him one time in the Western Time

0:17:33.119 --> 0:17:35.159
<v Speaker 3>What the reason the jail? Well, we was on the

0:17:35.200 --> 0:17:37.320
<v Speaker 3>basketball court in the jail. He had hired Kenny mil

0:17:37.440 --> 0:17:39.480
<v Speaker 3>and he asked me about how Kenne Mill was doing

0:17:39.480 --> 0:17:41.200
<v Speaker 3>on my case, and I was like, yeah, he's doing

0:17:41.200 --> 0:17:43.760
<v Speaker 3>a good job. Maybe a couple of days later he

0:17:43.880 --> 0:17:46.280
<v Speaker 3>was transferred from the Western Time for the Reason the

0:17:46.359 --> 0:17:49.320
<v Speaker 3>Jail to Chesapeake. That's when I later learned you know

0:17:49.400 --> 0:17:50.920
<v Speaker 3>that you know, he had hopped on my case.

0:17:51.160 --> 0:17:53.840
<v Speaker 1>Right, so he hired Ken Melvin for his own charges,

0:17:53.880 --> 0:17:56.240
<v Speaker 1>and then, using this conversation on the yard as a

0:17:56.280 --> 0:17:59.280
<v Speaker 1>pretext for an allegend confession, began working with the state

0:17:59.320 --> 0:18:02.280
<v Speaker 1>as a witnessing your case, presenting Ken Melvin with a

0:18:02.320 --> 0:18:05.280
<v Speaker 1>conflict of interest. And now this attorney, who had been

0:18:05.320 --> 0:18:08.040
<v Speaker 1>super effective thus far, was likely to be forced to

0:18:08.119 --> 0:18:11.120
<v Speaker 1>drop you as a client. All this may or may

0:18:11.240 --> 0:18:15.320
<v Speaker 1>not have been engineered by the prosecution. Smells like an onion.

0:18:15.480 --> 0:18:18.320
<v Speaker 1>Might be an onion. But for now, let's get back

0:18:18.320 --> 0:18:20.280
<v Speaker 1>to the hearing to dismiss your charges. Based on the

0:18:20.320 --> 0:18:22.960
<v Speaker 1>recording which Willie Hardy admitted to perjuring himself at your

0:18:23.000 --> 0:18:27.280
<v Speaker 1>preliminary hearing. What happened when they got him understand.

0:18:27.160 --> 0:18:29.880
<v Speaker 2>Fearing he would be charged with perjury, he said he'd

0:18:29.920 --> 0:18:32.000
<v Speaker 2>been through a lot and he'd been shot, so he

0:18:32.000 --> 0:18:33.879
<v Speaker 2>couldn't remember anything.

0:18:34.000 --> 0:18:38.480
<v Speaker 3>Now, Judge westbro Poccer said, it's a possibility that before

0:18:38.520 --> 0:18:42.080
<v Speaker 3>mister Kearney trial comes up, he may regain his memory back.

0:18:42.320 --> 0:18:46.000
<v Speaker 2>And so this Judge Westbrook Parker ruled at Kearney's indictment

0:18:46.160 --> 0:18:50.240
<v Speaker 2>would not be dismissed because the witness did not recap

0:18:50.560 --> 0:18:52.840
<v Speaker 2>even though they had a recording that he said he

0:18:52.920 --> 0:18:53.679
<v Speaker 2>was lying about it.

0:18:54.240 --> 0:18:57.280
<v Speaker 3>So now on this date the prosecutor putting in a

0:18:57.400 --> 0:19:00.399
<v Speaker 3>motion to have mister Melvine disqualified for my case. Could

0:19:00.440 --> 0:19:19.280
<v Speaker 3>they now have another witness, which was Tony Booth. Mister

0:19:19.359 --> 0:19:23.040
<v Speaker 3>Melvin was disqualified off my case. It was strategic, you know.

0:19:23.240 --> 0:19:25.119
<v Speaker 3>I guess they felt as though with the case that

0:19:25.160 --> 0:19:27.040
<v Speaker 3>they had, it would have been hard for them to

0:19:27.040 --> 0:19:29.800
<v Speaker 3>get a conviction on me. I had kenned Melvin, that's

0:19:29.800 --> 0:19:30.400
<v Speaker 3>my attorney.

0:19:30.520 --> 0:19:33.040
<v Speaker 1>So that was September of ninety nine, and as your

0:19:33.040 --> 0:19:36.000
<v Speaker 1>first trial was fast approaching, your co defending Quinton Parish,

0:19:36.040 --> 0:19:38.520
<v Speaker 1>probably seeing what you both were up against, decided to

0:19:38.560 --> 0:19:41.280
<v Speaker 1>take an alphab play to avoid a potential life sentence.

0:19:41.560 --> 0:19:43.120
<v Speaker 2>And that's how they get a lot of guys too.

0:19:43.160 --> 0:19:46.040
<v Speaker 2>This garrel with that, I could see him very easily

0:19:46.200 --> 0:19:49.000
<v Speaker 2>pleading out even though he had nothing to do with it,

0:19:49.200 --> 0:19:51.280
<v Speaker 2>just because he was afraid he would never get out.

0:19:51.440 --> 0:19:54.480
<v Speaker 1>But Lrico, you weren't backing down even though you were

0:19:54.520 --> 0:19:55.760
<v Speaker 1>facing a similar faith.

0:19:55.960 --> 0:19:58.119
<v Speaker 3>Yeah, I had two counts of capital murder at two

0:19:58.200 --> 0:20:00.600
<v Speaker 3>counts of use of a foul Yate's.

0:20:00.359 --> 0:20:05.520
<v Speaker 2>Theory of his crime was circumstantial evidence of Rico's alleged

0:20:06.000 --> 0:20:09.560
<v Speaker 2>rift with Gene Artists over some gambling.

0:20:09.119 --> 0:20:12.560
<v Speaker 1>Dead now La Rico tells us that this whole disagreement

0:20:12.640 --> 0:20:16.119
<v Speaker 1>over gambling between he and Jean was impossible because he

0:20:16.200 --> 0:20:18.280
<v Speaker 1>knew better that the play dice with a guy that

0:20:18.440 --> 0:20:21.320
<v Speaker 1>was a real hustler. Right Jean was was that guy

0:20:22.920 --> 0:20:26.080
<v Speaker 1>didn't want to lose his money. But the state fabricated

0:20:26.119 --> 0:20:30.480
<v Speaker 1>statements to the contrary from Sabrina Northfleet, Travis Chalk, and

0:20:30.560 --> 0:20:31.360
<v Speaker 1>Casey Davis.

0:20:31.440 --> 0:20:35.119
<v Speaker 3>Sabrino Northfleet gave a false testimony witnessing Jean to win

0:20:35.280 --> 0:20:38.480
<v Speaker 3>five thousand dollars from me around September of that year,

0:20:38.560 --> 0:20:40.600
<v Speaker 3>so that you know, provided a false motor for them.

0:20:40.680 --> 0:20:43.760
<v Speaker 3>Travis Chalk gave a testimony that he was at my

0:20:43.800 --> 0:20:47.240
<v Speaker 3>house before these murders happened. He said, when Jean pulled up,

0:20:47.560 --> 0:20:49.960
<v Speaker 3>I made a statement to him. If Jeane didn't have

0:20:50.000 --> 0:20:52.080
<v Speaker 3>one thousand dollars a better, I would kill him because

0:20:52.080 --> 0:20:54.479
<v Speaker 3>I'm tired of Jean wanted my money and coming with

0:20:54.520 --> 0:20:56.479
<v Speaker 3>no money. And we went in the house to gamble.

0:20:56.520 --> 0:20:58.800
<v Speaker 3>And the gentleman that was in the driveway with him

0:20:58.840 --> 0:21:02.160
<v Speaker 3>at the time, whose name Miss Casey Davis. He testified

0:21:02.200 --> 0:21:05.439
<v Speaker 3>to seeing me with the forty five caliber file arm.

0:21:05.560 --> 0:21:10.879
<v Speaker 4>On November twentieth, a firearms identification expert testified that the

0:21:10.960 --> 0:21:14.879
<v Speaker 4>forty five caliber bullet killed Miss Giles is saying that

0:21:14.920 --> 0:21:18.400
<v Speaker 4>they were fired from the same weapon, and some cartridge

0:21:18.440 --> 0:21:21.119
<v Speaker 4>casings were found, both of a forty five and a

0:21:21.160 --> 0:21:22.240
<v Speaker 4>three eighty caliber.

0:21:22.400 --> 0:21:25.879
<v Speaker 1>Right, No bullets or fragments were found in Gene, but

0:21:26.000 --> 0:21:29.480
<v Speaker 1>two different casings likely came from the exchange between Gene

0:21:29.480 --> 0:21:33.440
<v Speaker 1>and Gregory Artists. So they've fabricated the motive and the

0:21:33.520 --> 0:21:36.280
<v Speaker 1>means and now they place you with Gene, which is

0:21:36.320 --> 0:21:40.600
<v Speaker 1>actually something that was true. Sabrina north Leet saw you

0:21:40.680 --> 0:21:43.080
<v Speaker 1>two guys together at the gas station that night.

0:21:43.280 --> 0:21:45.960
<v Speaker 3>Yeah, she seen us together at the East Coast gas station.

0:21:46.080 --> 0:21:48.840
<v Speaker 3>She just played to him about the argument, and you know,

0:21:48.920 --> 0:21:51.480
<v Speaker 3>she told them that I was the last person you know,

0:21:51.600 --> 0:21:55.040
<v Speaker 3>seeing with Gene Artists. And my thing is this, you know,

0:21:55.160 --> 0:21:58.639
<v Speaker 3>y'all charged me with another individual. So we'll come in

0:21:58.680 --> 0:22:01.640
<v Speaker 3>at did y'all link me? Mister her She's telling y'all

0:22:01.680 --> 0:22:03.440
<v Speaker 3>it was just me and Jean together, right.

0:22:03.800 --> 0:22:08.359
<v Speaker 2>Part of the state's evidence was this, mister Travis Chalk

0:22:08.720 --> 0:22:13.119
<v Speaker 2>who said that he had seen Jean driving alone in

0:22:13.200 --> 0:22:17.640
<v Speaker 2>a white Chevy and that Lo Rico in Quinton Parish

0:22:17.760 --> 0:22:21.000
<v Speaker 2>known as QP, they were in a white Mitsubishi Gallant

0:22:21.240 --> 0:22:23.560
<v Speaker 2>heading towards Franklin Street following him.

0:22:23.600 --> 0:22:25.480
<v Speaker 1>So he was supposed to be in Jean's car, but

0:22:25.560 --> 0:22:30.040
<v Speaker 1>now he's in a different car with another guy following Jean.

0:22:30.480 --> 0:22:32.399
<v Speaker 1>Which way is it? Guys? I mean, you can't have

0:22:32.480 --> 0:22:33.200
<v Speaker 1>it both ways.

0:22:33.560 --> 0:22:37.960
<v Speaker 2>Travis Chalk several years later, gave an affidavit that all

0:22:38.000 --> 0:22:40.560
<v Speaker 2>of it was alive. In fact, I do have that

0:22:40.600 --> 0:22:46.439
<v Speaker 2>Affidavid Travis Chalk said, I never saw l Rico Kearney

0:22:46.720 --> 0:22:50.560
<v Speaker 2>with a gun, nor did he say anything about killing

0:22:50.640 --> 0:22:54.720
<v Speaker 2>anyone over some gambling debts, as stated to me by

0:22:54.840 --> 0:22:59.760
<v Speaker 2>Detective E. C. Harris. He says that that detective led

0:22:59.880 --> 0:23:03.160
<v Speaker 2>me to say I saw Larico Kearney with the type

0:23:03.200 --> 0:23:05.639
<v Speaker 2>of gun that was used in the murders, and that

0:23:05.760 --> 0:23:10.479
<v Speaker 2>he harassed me almost daily, and that he came with

0:23:10.640 --> 0:23:16.120
<v Speaker 2>papers to encourage me to sign, threatening me with incarceration

0:23:16.880 --> 0:23:20.000
<v Speaker 2>if I did not cooperate. Travis Chalk said, I was

0:23:20.119 --> 0:23:24.480
<v Speaker 2>young and afraid, and I was given paperwork as to

0:23:24.560 --> 0:23:27.880
<v Speaker 2>what to say in court. By Detective E. C. Harris.

0:23:28.320 --> 0:23:30.960
<v Speaker 1>Obviously, the Jerry didn't benefit from this knowledge, just as

0:23:31.000 --> 0:23:33.399
<v Speaker 1>they had not benefited from Willie Hardy's admissions from the

0:23:33.440 --> 0:23:37.080
<v Speaker 1>preliminary hearing. And then the Commonwealth brought in another steaming

0:23:37.200 --> 0:23:41.320
<v Speaker 1>pile of conflicting testimony from Tony Booth. Now the motive

0:23:41.359 --> 0:23:44.080
<v Speaker 1>isn't just about being mad about losing five grand to Gene.

0:23:44.680 --> 0:23:47.280
<v Speaker 1>Now it was five grand that he needed to pay

0:23:47.359 --> 0:23:48.760
<v Speaker 1>mister Booth for drugs.

0:23:48.880 --> 0:23:51.679
<v Speaker 3>Tony Booth said that I sold drugs for him. I

0:23:51.720 --> 0:23:53.560
<v Speaker 3>owed him money and I told him that, you know,

0:23:53.640 --> 0:23:55.600
<v Speaker 3>I had to kill some people to get the money back.

0:23:55.680 --> 0:23:59.159
<v Speaker 3>I lost the money gambling. And the testimony that he

0:23:59.200 --> 0:24:01.560
<v Speaker 3>gave it didn't match the evidence. He just said, I

0:24:01.640 --> 0:24:04.520
<v Speaker 3>said I held the guns to the people head while

0:24:04.640 --> 0:24:07.520
<v Speaker 3>PC he said PC in my code offend his name

0:24:07.520 --> 0:24:10.560
<v Speaker 3>was two T. He was saying PC and PC first

0:24:10.560 --> 0:24:12.679
<v Speaker 3>their pockets of money and drugs, you know, while he

0:24:12.680 --> 0:24:14.399
<v Speaker 3>held the guns to him and killed him. After that,

0:24:14.600 --> 0:24:16.960
<v Speaker 3>you know, Jene Nist he had cracked cocaine and file

0:24:16.960 --> 0:24:18.879
<v Speaker 3>one hundred and fifty dollars a cash in his pocket

0:24:18.920 --> 0:24:21.560
<v Speaker 3>at the time of his death. So the testimony there

0:24:21.680 --> 0:24:24.680
<v Speaker 3>Tony Booth gave it. It didn't even match the evidence, right.

0:24:24.720 --> 0:24:27.240
<v Speaker 1>If you had robbed Jane to pay Tony as he alleged,

0:24:27.280 --> 0:24:30.320
<v Speaker 1>then Jean's pockets would not have been full of money

0:24:30.359 --> 0:24:32.359
<v Speaker 1>and drugs. You don't have to be Sherlock Holmes to

0:24:32.400 --> 0:24:33.080
<v Speaker 1>figure this out.

0:24:33.359 --> 0:24:34.480
<v Speaker 3>Yeah. Absolutely.

0:24:34.720 --> 0:24:37.520
<v Speaker 1>Booth was awaiting sentencing for his own charges, which was

0:24:37.560 --> 0:24:41.000
<v Speaker 1>a projected two hundred and eighty months over twenty three years,

0:24:41.160 --> 0:24:44.919
<v Speaker 1>and that sentencing was suspended until he fulfilled his obligation

0:24:45.119 --> 0:24:48.840
<v Speaker 1>at your first and second trials, Tony Booth, you guessed

0:24:48.840 --> 0:24:53.520
<v Speaker 1>it ended up serving only five years now le Rico's

0:24:53.520 --> 0:24:57.560
<v Speaker 1>public defender courtesy of Tony Booth. Mind you, Michael Rosenberg

0:24:58.160 --> 0:25:02.760
<v Speaker 1>poked holes in Booth's story incredibility on cross examination. That's good,

0:25:02.840 --> 0:25:04.760
<v Speaker 1>but what else was presented in your favor?

0:25:04.960 --> 0:25:07.960
<v Speaker 3>The defense called an attorney, you know, to get on

0:25:08.040 --> 0:25:11.040
<v Speaker 3>the stand to explain to the jury about the plea

0:25:11.080 --> 0:25:13.679
<v Speaker 3>Boggain that Torn and Booth had entered into you know

0:25:13.760 --> 0:25:15.600
<v Speaker 3>about him, you know, looking for a sentence production.

0:25:15.880 --> 0:25:19.639
<v Speaker 2>Also, a witness, Teresa Ris, testified she was a pizza

0:25:19.680 --> 0:25:22.800
<v Speaker 2>delivery person who had delivered a pizza to one sixteen

0:25:22.840 --> 0:25:26.359
<v Speaker 2>Franklin Street in the hours before the murders, and she

0:25:26.560 --> 0:25:29.840
<v Speaker 2>did see two black men, one heavy set, one medium

0:25:29.840 --> 0:25:33.520
<v Speaker 2>bill enter the house after arguing with each other getting

0:25:33.600 --> 0:25:36.800
<v Speaker 2>out of their car. And this Miss Ricks testified that

0:25:37.080 --> 0:25:40.720
<v Speaker 2>neither of these men were larco' kearney, who she knew

0:25:40.720 --> 0:25:42.520
<v Speaker 2>from school. They went to school together.

0:25:42.560 --> 0:25:45.080
<v Speaker 3>My son's mother and her mother. They actually testified on

0:25:45.119 --> 0:25:47.760
<v Speaker 3>my behalf to saying that you know, I was there

0:25:47.840 --> 0:25:49.600
<v Speaker 3>in my baby mother's house. You know, at the time

0:25:49.640 --> 0:25:53.159
<v Speaker 3>that this allarged defense had happened. She actually testified on

0:25:53.240 --> 0:25:55.359
<v Speaker 3>my behalf too. You know, she told the jury that

0:25:55.480 --> 0:25:58.200
<v Speaker 3>you know, she was in the driveway when I came

0:25:58.240 --> 0:25:59.320
<v Speaker 3>from my baby mother's house.

0:25:59.520 --> 0:26:03.639
<v Speaker 1>Unfortunately, the only loved ones don't make convincing alibi witnesses,

0:26:04.280 --> 0:26:07.399
<v Speaker 1>as they're easily explained away as someone who might be

0:26:07.440 --> 0:26:10.760
<v Speaker 1>willing to lie. But his attorney was in possession of

0:26:10.800 --> 0:26:13.040
<v Speaker 1>the statement from the only witness who should have mattered,

0:26:13.040 --> 0:26:16.040
<v Speaker 1>which was Trayvon, and Trayvon was who pointed the finger

0:26:16.119 --> 0:26:19.880
<v Speaker 1>directly at Gregory Artists. Yet this alternate and much more

0:26:20.000 --> 0:26:23.399
<v Speaker 1>likely suspect was never presented to the jury. Among so

0:26:23.520 --> 0:26:24.359
<v Speaker 1>much more.

0:26:24.280 --> 0:26:27.280
<v Speaker 2>The fact that is Lloyd didn't bring up any physical evidence,

0:26:27.359 --> 0:26:30.560
<v Speaker 2>and none of it pointed to Lrico. Was just astounding

0:26:30.600 --> 0:26:34.199
<v Speaker 2>to me. They took fingerprints from the crime scene, and

0:26:34.280 --> 0:26:37.159
<v Speaker 2>to this day they haven't tried to match those fingerprints

0:26:37.240 --> 0:26:39.240
<v Speaker 2>to anyone except Lrico, Gurney.

0:26:39.440 --> 0:26:42.280
<v Speaker 1>I mean, what about Gregory Artists. Apparently no one was

0:26:42.359 --> 0:26:45.760
<v Speaker 1>interested enough, so the jury came to a predictable conclusion.

0:26:46.000 --> 0:26:48.960
<v Speaker 3>I mean, I didn't have any idea that I could

0:26:49.000 --> 0:26:51.440
<v Speaker 3>be actually convicted of that crime. You know, I had

0:26:51.520 --> 0:26:53.280
<v Speaker 3>high hopes, and like I said, I was going home

0:26:53.320 --> 0:26:55.480
<v Speaker 3>my family in the courtroom, I didn't think of any

0:26:55.480 --> 0:26:57.879
<v Speaker 3>way they could find me guilty. I mean, I couldn't

0:26:57.880 --> 0:27:00.120
<v Speaker 3>believe it. I was in shocked, like I was known.

0:27:00.320 --> 0:27:02.760
<v Speaker 3>I kind of feel like, you know, I let everybody down,

0:27:03.040 --> 0:27:04.760
<v Speaker 3>even though it was beyond my control.

0:27:05.080 --> 0:27:07.919
<v Speaker 1>And your verdict at the first trial was really odd.

0:27:08.320 --> 0:27:11.720
<v Speaker 1>You were found guilty of first degree murder, but only

0:27:11.800 --> 0:27:15.360
<v Speaker 1>of Yvonne Giles along with the related firearm charge, you.

0:27:15.320 --> 0:27:18.320
<v Speaker 3>Know, because you had Casey Davis testified he's seen me

0:27:18.440 --> 0:27:21.640
<v Speaker 3>with the forty five caliber weapon. I guess they said that.

0:27:21.680 --> 0:27:24.320
<v Speaker 3>You know, the forty five caliber fragment of a bullet

0:27:24.359 --> 0:27:26.399
<v Speaker 3>was found in the skull. It was a compromise.

0:27:26.560 --> 0:27:30.160
<v Speaker 1>Thirty right forty five caliber bullet fragments were only pulled

0:27:30.160 --> 0:27:33.320
<v Speaker 1>from Yvonne Giles's skull, and maybe they weren't totally convinced

0:27:33.320 --> 0:27:36.000
<v Speaker 1>of your guilt, so they acquitted you for the murder

0:27:36.000 --> 0:27:39.280
<v Speaker 1>of Gene Artists cold comfort there, but you were still

0:27:39.320 --> 0:27:42.520
<v Speaker 1>sentenced to life for the Yvonne Giles homicide plus three

0:27:42.560 --> 0:27:45.399
<v Speaker 1>years for the gun charge. But your public defender, a

0:27:45.440 --> 0:27:48.800
<v Speaker 1>new one who you had been assigned, Joseph Winston, was

0:27:48.840 --> 0:27:52.040
<v Speaker 1>actually able to appeal this verdict and win since the

0:27:52.080 --> 0:27:55.320
<v Speaker 1>only person who could contradict Tony Booth was you, and

0:27:55.359 --> 0:27:58.960
<v Speaker 1>the Commonwealth's attorney unconstitutionally argued to the jury that you

0:27:59.000 --> 0:28:02.719
<v Speaker 1>should have testified. This constituted a clear violation of your

0:28:02.720 --> 0:28:06.080
<v Speaker 1>Fifth Amendment rights, so they properly declared it a mistrial.

0:28:06.280 --> 0:28:11.320
<v Speaker 3>I was convicted in February of two thousand. My case

0:28:11.400 --> 0:28:14.000
<v Speaker 3>was overturned Junior Ary twenty nine, two thousand and two.

0:28:14.240 --> 0:28:17.160
<v Speaker 3>That hadn't been in prison at that time but fifteen months,

0:28:17.160 --> 0:28:19.400
<v Speaker 3>but I had been around guys that had actually been

0:28:19.440 --> 0:28:22.560
<v Speaker 3>down with twenty twenty five years. I finally get that

0:28:22.640 --> 0:28:25.040
<v Speaker 3>Paperbrook saying that my case was overturned, and I shared

0:28:25.080 --> 0:28:27.280
<v Speaker 3>that with a few individuals, and you know, like some

0:28:27.320 --> 0:28:29.000
<v Speaker 3>people were happy for me, like, you know, we've been

0:28:29.040 --> 0:28:32.400
<v Speaker 3>way like to get Traderbrook like this for twenty plus years.

0:28:32.560 --> 0:28:35.000
<v Speaker 3>And it was basically telling me, though, take advantage of

0:28:35.040 --> 0:28:37.280
<v Speaker 3>the opportunity. And when I did go back to court,

0:28:37.320 --> 0:28:38.200
<v Speaker 3>they offered me a plea.

0:28:38.240 --> 0:28:41.160
<v Speaker 1>Boggain, They just convicted you, but now they're offering you

0:28:41.240 --> 0:28:44.800
<v Speaker 1>a plea. That kind of feels like they had a

0:28:44.840 --> 0:28:47.719
<v Speaker 1>little bit of a guilty conscience maybe, like they knew

0:28:47.880 --> 0:28:52.000
<v Speaker 1>this conviction was bullshit. So now Joseph Winston was off

0:28:52.040 --> 0:28:55.040
<v Speaker 1>your case, you were transferred to jail, and a new

0:28:55.080 --> 0:28:58.120
<v Speaker 1>public defender named Dwayne Struthers was assigned to your case.

0:28:58.400 --> 0:29:00.120
<v Speaker 3>No, he came to see me and actually, I mean,

0:29:00.120 --> 0:29:02.760
<v Speaker 3>would I be interested in taking a plea deal? You know,

0:29:02.800 --> 0:29:05.200
<v Speaker 3>I told him no, less it to be time served,

0:29:05.240 --> 0:29:07.000
<v Speaker 3>you know, because you know, I mean, I didn't do this,

0:29:07.080 --> 0:29:08.960
<v Speaker 3>and that's what I'm explaining to him. He asked me,

0:29:09.000 --> 0:29:11.280
<v Speaker 3>where if they were offered ten years to serve, would

0:29:11.280 --> 0:29:13.160
<v Speaker 3>you be interested in that? And at the time, I

0:29:13.200 --> 0:29:15.520
<v Speaker 3>had been in concentrated a little bit over five years,

0:29:15.600 --> 0:29:17.960
<v Speaker 3>and I said, well, this five years it already did

0:29:18.080 --> 0:29:20.240
<v Speaker 3>be included with this ten and he didn't know.

0:29:20.440 --> 0:29:23.400
<v Speaker 1>So without a potential five year deal or time served,

0:29:23.440 --> 0:29:25.360
<v Speaker 1>you were ready for a second chance to fight for

0:29:25.400 --> 0:29:27.640
<v Speaker 1>your innocence in court, and that meant the state got

0:29:27.640 --> 0:29:31.480
<v Speaker 1>a second chance too. So you were initially in protective custody,

0:29:31.560 --> 0:29:33.600
<v Speaker 1>or the PC pod as it's known, and then you

0:29:33.680 --> 0:29:36.560
<v Speaker 1>got transferred into the general population, where you made some

0:29:36.640 --> 0:29:40.840
<v Speaker 1>new acquaintances, notably Ronald Brookins and Raymond Copeland.

0:29:41.000 --> 0:29:43.360
<v Speaker 3>They tried to, you know, befriend me. So I had

0:29:43.360 --> 0:29:45.280
<v Speaker 3>been in there with them maybe a couple of months,

0:29:45.320 --> 0:29:47.200
<v Speaker 3>and all of a sudden they put me back in

0:29:47.320 --> 0:29:51.240
<v Speaker 3>this protective custody pod and Bookers and Copeland came to visit,

0:29:51.560 --> 0:29:54.200
<v Speaker 3>and you know, they enticed them to lie. And I

0:29:54.240 --> 0:29:56.560
<v Speaker 3>know you've read them. I've got the letters that they

0:29:56.680 --> 0:29:59.200
<v Speaker 3>vote to the prostitutor and to Detective E. C.

0:29:59.360 --> 0:30:04.480
<v Speaker 2>Hurris about so, mister Brooking says to the Commonwealth Attorney,

0:30:04.560 --> 0:30:07.360
<v Speaker 2>mister Jamison. Hell O, mister Jamison, I'm hoping to find

0:30:07.400 --> 0:30:10.040
<v Speaker 2>you and yours and the best of health, highest of.

0:30:10.120 --> 0:30:13.640
<v Speaker 1>Spirits, the highest of spirits.

0:30:13.680 --> 0:30:16.880
<v Speaker 2>And it's a crazy shit. I'm writing you in concern

0:30:17.120 --> 0:30:22.040
<v Speaker 2>of the visit received from you. Today, I feel as

0:30:22.040 --> 0:30:26.640
<v Speaker 2>if we did not reach a very clear understanding about

0:30:26.840 --> 0:30:32.120
<v Speaker 2>having my jeep returned and the charges dropped. Now I'm

0:30:32.160 --> 0:30:37.520
<v Speaker 2>waiting on an appeal. This you could stop. Just have

0:30:37.720 --> 0:30:42.000
<v Speaker 2>the federal courts to withdraw their appeal and drop the case.

0:30:42.520 --> 0:30:46.640
<v Speaker 2>I have never had a violent charge, so this should

0:30:46.760 --> 0:30:51.240
<v Speaker 2>not be hard. I have gave my life to the Lord. Oh,

0:30:51.280 --> 0:30:53.920
<v Speaker 2>and I'm willing to help you as best as I can.

0:30:54.120 --> 0:30:56.680
<v Speaker 2>If I'm going to take the stand, I need to

0:30:56.720 --> 0:31:00.000
<v Speaker 2>know my charges are being dropped. I just wanted to

0:31:00.120 --> 0:31:03.760
<v Speaker 2>chance to start my newfound life in Christ over on

0:31:03.800 --> 0:31:07.000
<v Speaker 2>the outside. If you give me another chance, I will

0:31:07.080 --> 0:31:07.920
<v Speaker 2>not let you down.

0:31:08.680 --> 0:31:12.200
<v Speaker 1>Sincerely, Yours in Christ, while I put my hand on

0:31:12.240 --> 0:31:15.560
<v Speaker 1>the Bible, swear to tell the truth, and then lie

0:31:15.680 --> 0:31:19.920
<v Speaker 1>my ass off to help the state ruin another man's life,

0:31:20.400 --> 0:31:24.560
<v Speaker 1>just like Jesus would do. I mean, apparently, mister Brookings

0:31:24.640 --> 0:31:27.480
<v Speaker 1>pretended to be a friend of Lorico's father, and then

0:31:27.520 --> 0:31:31.400
<v Speaker 1>he took a look at Lorico's transcripts, all in this

0:31:31.560 --> 0:31:35.480
<v Speaker 1>twisted attempt to concoct a believable alleged confession in exchange

0:31:35.480 --> 0:31:37.880
<v Speaker 1>for his own charges being dropped. And the return of

0:31:37.920 --> 0:31:41.440
<v Speaker 1>his jeep. And then along comes mister Brook and cellmate

0:31:41.600 --> 0:31:43.320
<v Speaker 1>or blockmate Raymond Copeland.

0:31:43.640 --> 0:31:46.680
<v Speaker 3>Raymond Copeland, he was sentenced to ten years. In the

0:31:46.760 --> 0:31:49.120
<v Speaker 3>letter that he wrote to the prostitutal, he was seeking

0:31:49.120 --> 0:31:51.400
<v Speaker 3>to have his ten year sinence cut to three, you know,

0:31:51.440 --> 0:31:54.120
<v Speaker 3>for his testimony and basically saying he can be as

0:31:54.160 --> 0:31:58.000
<v Speaker 3>convincing and moving as possible to help bury me, and

0:31:58.120 --> 0:32:01.680
<v Speaker 3>also that he had testified in another murder case for

0:32:01.760 --> 0:32:03.040
<v Speaker 3>this prosecutor.

0:32:02.520 --> 0:32:06.280
<v Speaker 1>Before, right, so this is a trial tested bullshit artist.

0:32:06.440 --> 0:32:08.880
<v Speaker 1>So let me please read from the letter mister Coplan

0:32:08.920 --> 0:32:11.280
<v Speaker 1>wrote about the meeting he had with the Commonwealth's attorney

0:32:11.400 --> 0:32:14.760
<v Speaker 1>just six days before his own proceedings Raymond Copeland.

0:32:14.880 --> 0:32:18.640
<v Speaker 2>He says, I am writing in concern about our last meeting,

0:32:18.840 --> 0:32:21.880
<v Speaker 2>which took place on January twenty eight, two thousand and three,

0:32:22.480 --> 0:32:25.800
<v Speaker 2>where you mentioned not making any promises, and I can

0:32:25.880 --> 0:32:29.240
<v Speaker 2>respect that, but perhaps we need to discuss my situation

0:32:29.840 --> 0:32:34.320
<v Speaker 2>more clearly. I am participating in a double murder trial.

0:32:34.880 --> 0:32:39.160
<v Speaker 2>I know others are involved that have a lot more

0:32:39.280 --> 0:32:42.600
<v Speaker 2>time and more serious crimes than I do, so I

0:32:42.680 --> 0:32:45.880
<v Speaker 2>want you to know I'm not trying to wait until

0:32:45.880 --> 0:32:50.520
<v Speaker 2>I get to prison before my requests are granted. I

0:32:50.640 --> 0:32:56.080
<v Speaker 2>was sentenced by Westbrook Parker, which you may be familiar with.

0:32:56.440 --> 0:33:00.800
<v Speaker 2>I know from experience. If you can talk with Parker,

0:33:00.840 --> 0:33:04.720
<v Speaker 2>who's the judge, I can get everything I've asked for.

0:33:05.520 --> 0:33:09.080
<v Speaker 2>Because I'm not asking for much. I can't go to

0:33:09.240 --> 0:33:15.560
<v Speaker 2>any prison because of possible retaliation for my testimony. Now,

0:33:15.600 --> 0:33:19.000
<v Speaker 2>before I take the witness stand, all I'm asking is

0:33:19.040 --> 0:33:22.920
<v Speaker 2>your word off the record. Please contact me and let

0:33:22.960 --> 0:33:28.880
<v Speaker 2>me rehearse my testimony. And also I need to evaluate

0:33:29.400 --> 0:33:36.160
<v Speaker 2>my situation as far as how I will be rewarded.

0:33:36.120 --> 0:33:37.720
<v Speaker 1>Rehearse my testimony.

0:33:38.000 --> 0:33:40.040
<v Speaker 2>Rehearse my testimony.

0:33:40.240 --> 0:33:43.120
<v Speaker 1>There was also a third jail house snitch, Christopher Joiner,

0:33:43.160 --> 0:33:47.120
<v Speaker 1>but we were unable to obtain any damning letters from him. However,

0:33:47.200 --> 0:33:50.360
<v Speaker 1>in Virginia there's no parole, and Joiner's fifty four year

0:33:50.440 --> 0:33:54.240
<v Speaker 1>sentence appears to have magically disappeared as he was released.

0:33:54.320 --> 0:33:58.240
<v Speaker 1>In fact, years ago, he alleged that he overheard incriminating

0:33:58.240 --> 0:34:00.920
<v Speaker 1>statements from Lrico while he was on the phone. So

0:34:01.200 --> 0:34:04.000
<v Speaker 1>now that everyone was well rehearsed, you went back to

0:34:04.080 --> 0:34:06.800
<v Speaker 1>trial in February two thousand and three. There was still

0:34:06.880 --> 0:34:10.440
<v Speaker 1>no physical evidence tying Larco to the scene. Fingerprints that

0:34:10.480 --> 0:34:13.960
<v Speaker 1>they believe would be probative just didn't match Larico, Kearney,

0:34:14.239 --> 0:34:17.120
<v Speaker 1>so Bena north Leet, Travis Chuck, Casey Davis, and Tony

0:34:17.160 --> 0:34:20.360
<v Speaker 1>Booth returned. So this much was exactly the same, minus

0:34:20.360 --> 0:34:23.359
<v Speaker 1>the Fifth Amendment violation. And now there were three new

0:34:23.840 --> 0:34:27.640
<v Speaker 1>lying jail house snitches. And in addition to their sentence

0:34:27.680 --> 0:34:31.280
<v Speaker 1>reductions and letters to the Commonwealth Attorney, there were even

0:34:31.480 --> 0:34:35.800
<v Speaker 1>more reasons to find their testimonies totally unreliable.

0:34:36.080 --> 0:34:38.879
<v Speaker 3>Brookers testified that I said I kicked the door in,

0:34:39.120 --> 0:34:42.439
<v Speaker 3>and that was known throughout the trial, like whoever had

0:34:42.560 --> 0:34:45.040
<v Speaker 3>committed this crime, it was no force insurry, they knew

0:34:45.040 --> 0:34:48.120
<v Speaker 3>the victims struggles. He did point that out, and the

0:34:48.239 --> 0:34:51.680
<v Speaker 3>prostituted you just made up some bogus theory, like showed

0:34:51.680 --> 0:34:53.319
<v Speaker 3>them a pitchure of a door in the back of

0:34:53.320 --> 0:34:55.239
<v Speaker 3>the apartment, like look at their door, don't it look

0:34:55.320 --> 0:34:56.839
<v Speaker 3>like somebody's trying to get out their doors?

0:34:56.960 --> 0:35:00.440
<v Speaker 1>So clearly Brookins misunderstood the facts that he was post

0:35:00.480 --> 0:35:03.520
<v Speaker 1>to regurgitate for the state. But what about Copeland.

0:35:03.640 --> 0:35:06.200
<v Speaker 3>Copland's testimony was basically the same because they was in

0:35:06.200 --> 0:35:08.560
<v Speaker 3>the same block, and of course they got together, you know,

0:35:08.680 --> 0:35:09.680
<v Speaker 3>to go over what they were.

0:35:09.560 --> 0:35:12.400
<v Speaker 1>Saying, including the same mistakes that proved they didn't know

0:35:12.440 --> 0:35:15.240
<v Speaker 1>what the fuck they were talking about. Now, Christopher Joyner,

0:35:15.320 --> 0:35:17.719
<v Speaker 1>he was in the protective custody pod with you because

0:35:17.760 --> 0:35:20.160
<v Speaker 1>he was also cooperating on a number of other cases,

0:35:20.320 --> 0:35:23.480
<v Speaker 1>which does not bode well for his credibility either. And

0:35:23.520 --> 0:35:27.520
<v Speaker 1>he alleged overhearing you say incriminating things while on the phone. Now,

0:35:27.880 --> 0:35:29.640
<v Speaker 1>you had taken a phone call while he was in

0:35:29.680 --> 0:35:32.520
<v Speaker 1>earshot one day when you had returned from motion hearing

0:35:32.520 --> 0:35:34.560
<v Speaker 1>in which you found out that Brookings and Copland were

0:35:34.600 --> 0:35:35.960
<v Speaker 1>going to testify against you.

0:35:36.040 --> 0:35:38.320
<v Speaker 3>My child was the start that Monday, and I found

0:35:38.400 --> 0:35:41.000
<v Speaker 3>out that Friday. So when I came back, I used

0:35:41.040 --> 0:35:43.759
<v Speaker 3>the phone. I called my stepfather, displaying it to him.

0:35:43.880 --> 0:35:46.680
<v Speaker 3>You know what it happened to court and everything that,

0:35:46.840 --> 0:35:48.560
<v Speaker 3>you know he heard me say on the phone, and

0:35:48.640 --> 0:35:51.160
<v Speaker 3>my stepfather he wrote it down and put his own

0:35:51.200 --> 0:35:54.000
<v Speaker 3>little twist and spin on it. He actually testified that

0:35:54.239 --> 0:35:57.719
<v Speaker 3>I professed Brookings and Copeland about you know, me doing

0:35:57.760 --> 0:36:00.239
<v Speaker 3>the murder. I was bragging or saying it out was

0:36:00.280 --> 0:36:03.040
<v Speaker 3>like a O. J. Simpson it's just for some bogus

0:36:03.040 --> 0:36:04.839
<v Speaker 3>stuff he was saying. It didn't even make sense.

0:36:05.080 --> 0:36:08.320
<v Speaker 1>And like we mentioned, he too received a sentence reduction

0:36:08.440 --> 0:36:11.440
<v Speaker 1>for his OJ Simpson references. Now, the defense called the

0:36:11.480 --> 0:36:14.000
<v Speaker 1>Albi witnesses again your loved ones, as well as the

0:36:14.040 --> 0:36:17.280
<v Speaker 1>pizza delivery person, in addition to other people who Copeland

0:36:17.280 --> 0:36:20.319
<v Speaker 1>and Brookings had previously test the lie about. But the

0:36:20.440 --> 0:36:23.640
<v Speaker 1>difference with this trial was Trayvon, who's now eleven years old,

0:36:23.680 --> 0:36:25.560
<v Speaker 1>because five years had gone by. You called him to

0:36:25.560 --> 0:36:27.200
<v Speaker 1>the stand to get him to recount what he had

0:36:27.200 --> 0:36:29.239
<v Speaker 1>already said to his statements to police, which was a

0:36:29.280 --> 0:36:32.879
<v Speaker 1>Gregory artist had murdered gene artists Andy von Giles right

0:36:32.920 --> 0:36:34.520
<v Speaker 1>in front of him alone.

0:36:34.560 --> 0:36:37.080
<v Speaker 3>I tried to call him as my witness at the

0:36:37.120 --> 0:36:39.520
<v Speaker 3>second trial, and I'm trying to get him to testify

0:36:39.600 --> 0:36:41.719
<v Speaker 3>to what he said, or at least get the statement

0:36:41.880 --> 0:36:44.319
<v Speaker 3>presented to the jury. And know they excuse the jury

0:36:44.320 --> 0:36:46.319
<v Speaker 3>and they did what you call the prophet and they

0:36:46.400 --> 0:36:48.480
<v Speaker 3>placed them on the stand. He just said he didn't

0:36:48.480 --> 0:36:51.160
<v Speaker 3>remember anything. Do you know. They showed him the statement

0:36:51.440 --> 0:36:53.720
<v Speaker 3>and he, like I guess he may have been coached,

0:36:53.760 --> 0:36:56.200
<v Speaker 3>but he just say he couldn't remember, and the judge

0:36:56.239 --> 0:36:58.400
<v Speaker 3>said that I couldn't get the statement in to the

0:36:58.480 --> 0:37:00.920
<v Speaker 3>juri because I couldn't have each of my own witness

0:37:01.160 --> 0:37:03.480
<v Speaker 3>So it didn't allow the statement to get into the jury.

0:37:03.600 --> 0:37:05.440
<v Speaker 1>And once again, the jury did not hear the most

0:37:05.480 --> 0:37:08.400
<v Speaker 1>important witness statement, the one taken from the only eyewitness

0:37:08.440 --> 0:37:11.200
<v Speaker 1>to the crime, just moments after it happened. Now, who

0:37:11.239 --> 0:37:13.480
<v Speaker 1>knows if he was coached or coerced by the state

0:37:13.760 --> 0:37:16.840
<v Speaker 1>or maybe by his own family. After all, Gregory Artist

0:37:16.880 --> 0:37:19.359
<v Speaker 1>was his relative. It's even possible that the memory was

0:37:19.600 --> 0:37:22.920
<v Speaker 1>so painful that the associative amnesia took over it. Either way,

0:37:22.960 --> 0:37:24.920
<v Speaker 1>the jury didn't hear what we all know he had

0:37:24.920 --> 0:37:29.080
<v Speaker 1>said right after he saw his uncle and mother fatally shot. Instead,

0:37:29.200 --> 0:37:33.880
<v Speaker 1>the state pieced together, coerced or incentivized witness statements people

0:37:33.920 --> 0:37:37.040
<v Speaker 1>with no knowledge or the crime. That's the state's case.

0:37:37.320 --> 0:37:41.120
<v Speaker 1>That's it floating on the hope that the jury might think, well, yeah,

0:37:41.160 --> 0:37:44.160
<v Speaker 1>they can't all be lying. And I understand the Commonwealth

0:37:44.200 --> 0:37:47.080
<v Speaker 1>attorney did something that showed that they knew. You tell

0:37:47.120 --> 0:37:49.720
<v Speaker 1>me what you think, but it seems like they knew

0:37:49.719 --> 0:37:53.360
<v Speaker 1>how fraudulent this prosecution was. They passed a plea deal

0:37:53.840 --> 0:37:56.600
<v Speaker 1>to your attorney, Dwayne Struthers. Even after all this.

0:37:56.760 --> 0:37:59.719
<v Speaker 3>After the commawill presented the case, they asked him would

0:37:59.719 --> 0:38:02.160
<v Speaker 3>not be willing to plead the second degree murder? And

0:38:02.160 --> 0:38:04.520
<v Speaker 3>again I asked him, like, you know, how much tired

0:38:04.560 --> 0:38:07.480
<v Speaker 3>of this curved? And from his actions, you know the

0:38:07.520 --> 0:38:10.160
<v Speaker 3>way he looked at me, he wanted me to gamble

0:38:10.280 --> 0:38:12.799
<v Speaker 3>with the jury that already had been convicted once. And

0:38:12.880 --> 0:38:15.520
<v Speaker 3>I knew it was a possibility that, you know, I

0:38:15.520 --> 0:38:16.879
<v Speaker 3>could get life in prison.

0:38:16.600 --> 0:38:20.040
<v Speaker 1>Again, and your attorney didn't properly advise you about this,

0:38:20.160 --> 0:38:23.200
<v Speaker 1>but second degree murderer carries a sentence of five to

0:38:23.320 --> 0:38:26.200
<v Speaker 1>forty years, not life, not in Virginia.

0:38:26.280 --> 0:38:29.919
<v Speaker 3>And I refused it. And here I am sinning again.

0:38:30.000 --> 0:38:32.280
<v Speaker 3>You know, I get convicted again and ended up with life.

0:38:32.560 --> 0:38:35.240
<v Speaker 1>I mean, it must have felt like deja vu all

0:38:35.280 --> 0:38:35.920
<v Speaker 1>over again.

0:38:36.400 --> 0:38:38.640
<v Speaker 3>It definitely did. I'm like, this can't be happening like

0:38:38.680 --> 0:38:41.440
<v Speaker 3>a second time. It's like I just felt like defeated,

0:38:41.560 --> 0:38:43.759
<v Speaker 3>and I know this time my fight would be a

0:38:43.760 --> 0:38:46.440
<v Speaker 3>whole lot harder. It's very rare that you see anybody

0:38:46.520 --> 0:38:49.319
<v Speaker 3>get three trials being convicted the second time. But it

0:38:49.440 --> 0:38:52.200
<v Speaker 3>was hard going back to Wallas with I just can

0:38:52.280 --> 0:38:54.800
<v Speaker 3>remember the ride that I had when my first trial

0:38:54.880 --> 0:38:56.880
<v Speaker 3>was overturned and they turned me back to the jail.

0:38:57.239 --> 0:39:00.000
<v Speaker 3>I was in tears for real because of the prison

0:39:00.120 --> 0:39:02.760
<v Speaker 3>conditions and all the people that I'm gonna leave behind,

0:39:02.840 --> 0:39:05.040
<v Speaker 3>Like I would never see this again. Guys, don't get

0:39:05.080 --> 0:39:07.239
<v Speaker 3>these this opportunity that I'm about to get. And like

0:39:07.320 --> 0:39:09.400
<v Speaker 3>I said, the whole ride back to that jail, I

0:39:09.440 --> 0:39:11.080
<v Speaker 3>was untilled. I was like, this is the child that

0:39:11.120 --> 0:39:15.640
<v Speaker 3>my life is over with. And it didn't happen that way.

0:39:23.080 --> 0:39:25.799
<v Speaker 3>You know, me being convicted the second time is I knew.

0:39:26.400 --> 0:39:28.000
<v Speaker 3>I knew my fight would be you know, a whole

0:39:28.040 --> 0:39:30.759
<v Speaker 3>lot harder. Of course, I went through the litigation process,

0:39:30.840 --> 0:39:32.840
<v Speaker 3>and my family later on down the line, you know,

0:39:32.960 --> 0:39:35.120
<v Speaker 3>put out more money for me trying to get me out.

0:39:35.360 --> 0:39:38.120
<v Speaker 3>I just always try to be positive and keep their hope.

0:39:38.200 --> 0:39:40.600
<v Speaker 3>Like one day, like like Justin would prevail and I

0:39:40.600 --> 0:39:42.840
<v Speaker 3>would be able to, you know, walk out these prison doors.

0:39:43.000 --> 0:39:45.839
<v Speaker 1>That return trip to prison was February two thousand and three.

0:39:46.000 --> 0:39:50.560
<v Speaker 1>It's now February twenty and twenty three and you're still there.

0:39:51.840 --> 0:39:54.359
<v Speaker 1>But like you said, the fight is not over. Your

0:39:54.400 --> 0:39:58.160
<v Speaker 1>first attempt was for ineffective assistance of counsel Dwayne Structles.

0:39:58.239 --> 0:40:00.400
<v Speaker 3>Yeah, had a series of like this for their actions

0:40:00.400 --> 0:40:02.759
<v Speaker 3>from the state bar like in two thousand and three.

0:40:02.840 --> 0:40:05.040
<v Speaker 3>Then his license was suspended for two years in two

0:40:05.080 --> 0:40:07.120
<v Speaker 3>thousand and six because you know, he failed to you know,

0:40:07.120 --> 0:40:09.200
<v Speaker 3>communicate with his clients and you know, he didn't pursue

0:40:09.280 --> 0:40:12.319
<v Speaker 3>cases diligently. So I was hoping when I found his

0:40:12.360 --> 0:40:15.439
<v Speaker 3>habis claim against him, that they would overturn my case

0:40:15.480 --> 0:40:18.400
<v Speaker 3>just based on the lack of competence of Dwayne Struthers.

0:40:18.440 --> 0:40:21.480
<v Speaker 3>And I did get the evidentiary heard on Struggles's and

0:40:21.520 --> 0:40:24.440
<v Speaker 3>competency because of them offered me the plea bargain for

0:40:24.440 --> 0:40:26.719
<v Speaker 3>a second degree murdered and he didn't know how much

0:40:26.760 --> 0:40:29.480
<v Speaker 3>time that it carried. The District Court granted to hear

0:40:29.560 --> 0:40:32.000
<v Speaker 3>my issue on that claim back in two thousand and eight.

0:40:32.080 --> 0:40:34.440
<v Speaker 3>But the thing where I didn't get into relief on

0:40:34.520 --> 0:40:38.280
<v Speaker 3>that issue is because you know, the Commonwealth Attorney Philip Ferguson,

0:40:38.400 --> 0:40:40.960
<v Speaker 3>the head Commonwealth attorney in Suffolk at that time, he

0:40:41.080 --> 0:40:44.520
<v Speaker 3>testified that in Suffolk he has a policy that all

0:40:44.520 --> 0:40:47.560
<v Speaker 3>prea botherins must be reviewed and signed by him, and

0:40:47.760 --> 0:40:50.480
<v Speaker 3>he wasn't going to give the authorization. So that's why

0:40:50.520 --> 0:40:52.440
<v Speaker 3>the judge then he didn't rule in my favor.

0:40:52.360 --> 0:40:55.120
<v Speaker 1>And so that rendered the point moved, not that there

0:40:55.120 --> 0:40:57.000
<v Speaker 1>aren't plenty of other points to raise it by that

0:40:57.040 --> 0:40:59.600
<v Speaker 1>effective assistance, because at the second trial he did not

0:40:59.680 --> 0:41:02.400
<v Speaker 1>point out that the only witness to the murder, young Trayvon,

0:41:02.520 --> 0:41:04.520
<v Speaker 1>did not point you out in court. It seems like

0:41:04.560 --> 0:41:07.480
<v Speaker 1>seeing you in court should have jarred something loose if you,

0:41:07.560 --> 0:41:12.279
<v Speaker 1>in fact had killed his mother, but you didn't. And

0:41:12.320 --> 0:41:14.560
<v Speaker 1>once again, the fact that none of the fingerprints taken

0:41:14.600 --> 0:41:17.239
<v Speaker 1>from the scene that they felt were probitive, none of

0:41:17.239 --> 0:41:19.520
<v Speaker 1>them were a match for you because you weren't there,

0:41:19.840 --> 0:41:22.480
<v Speaker 1>But this was not raised, as was the fact that

0:41:22.520 --> 0:41:26.160
<v Speaker 1>the fingerprints have never been tested against Gregory artists, which

0:41:26.160 --> 0:41:28.560
<v Speaker 1>is insane. So, Lenny, I know you've been on this

0:41:28.680 --> 0:41:31.240
<v Speaker 1>case since your release brought you to the Western branch

0:41:31.280 --> 0:41:35.880
<v Speaker 1>of the John A. Cogshall Law Firm, And in another stunning,

0:41:36.320 --> 0:41:40.239
<v Speaker 1>awful setback for this case, Attorney Cogashall, a legend in

0:41:40.239 --> 0:41:43.440
<v Speaker 1>the innocence community and a friend to me and you

0:41:43.520 --> 0:41:46.200
<v Speaker 1>guys and so many others, passed away suddenly in June

0:41:46.200 --> 0:41:50.040
<v Speaker 1>twenty twenty two. He rest in peace. So where does

0:41:50.080 --> 0:41:51.520
<v Speaker 1>that leave Lorico's case?

0:41:51.840 --> 0:41:56.239
<v Speaker 2>So once again, the law firm of Johnny Cogshaw filed

0:41:56.640 --> 0:42:00.839
<v Speaker 2>Larco's petition on January fifth, twand I was twenty two

0:42:01.000 --> 0:42:05.840
<v Speaker 2>to the Secretary of Commonwealth Office. That petition primarily dealt

0:42:05.880 --> 0:42:09.520
<v Speaker 2>with the statements made by Trayvon Artists the day of

0:42:09.560 --> 0:42:13.640
<v Speaker 2>the murders and the following day when they interviewed him again.

0:42:13.960 --> 0:42:16.880
<v Speaker 2>Of course, we know there was no physical evidence that

0:42:17.080 --> 0:42:21.560
<v Speaker 2>pointed to Lrico Kearney's guilt, and that Trayvon Artist definitively

0:42:21.800 --> 0:42:24.759
<v Speaker 2>told the detectives who killed his mom and uncle. That

0:42:24.960 --> 0:42:29.440
<v Speaker 2>was the foundation upon which this petition was established, along

0:42:29.520 --> 0:42:34.480
<v Speaker 2>with the convicted felons who came forward with false testimony

0:42:34.640 --> 0:42:37.479
<v Speaker 2>in order to get deals. And fortunately we were able

0:42:37.520 --> 0:42:40.719
<v Speaker 2>to get an affidavit from mister Travis Chalk, who said

0:42:40.760 --> 0:42:43.759
<v Speaker 2>he just wanted to clear his conscience, and he came

0:42:43.840 --> 0:42:46.560
<v Speaker 2>forward and said it was all a lie. Everything he

0:42:46.680 --> 0:42:49.840
<v Speaker 2>said was a lie. He didn't see Larrico Kearney with

0:42:49.880 --> 0:42:53.840
<v Speaker 2>a gun, he didn't see Larico Kearney following Gene Artists.

0:42:53.920 --> 0:42:57.600
<v Speaker 2>He was told exactly what to say by this detective

0:42:57.920 --> 0:42:59.759
<v Speaker 2>when he went to court, and he said as much.

0:42:59.800 --> 0:43:03.440
<v Speaker 1>In the petition also details everything you've heard here, the

0:43:03.560 --> 0:43:08.040
<v Speaker 1>inconsistencies and contradictions between the false witnesses and between the

0:43:08.040 --> 0:43:10.279
<v Speaker 1>statements and the facts of the crime. So what does

0:43:10.320 --> 0:43:11.400
<v Speaker 1>the petition seek?

0:43:11.719 --> 0:43:15.880
<v Speaker 2>A conditional pardon on behalf of Larco Kearney. His petition

0:43:16.040 --> 0:43:18.960
<v Speaker 2>is a waiting review because of the long list of

0:43:19.000 --> 0:43:22.280
<v Speaker 2>people who file before him. From what we've been told,

0:43:22.320 --> 0:43:25.200
<v Speaker 2>they're so swamped that it's going to be a long process.

0:43:25.280 --> 0:43:28.760
<v Speaker 2>So we're hoping to get as much airplay as possible

0:43:28.800 --> 0:43:33.120
<v Speaker 2>for mister Kearney to hopefully change this wrongful conviction.

0:43:33.640 --> 0:43:36.120
<v Speaker 1>Well, you have all of our support, and hopefully our

0:43:36.120 --> 0:43:38.920
<v Speaker 1>audience will lend a hand as well. There's currently a

0:43:38.960 --> 0:43:41.960
<v Speaker 1>petition alerting the governor of this wrongful conviction, pleading for

0:43:42.040 --> 0:43:45.399
<v Speaker 1>his team to take notice of the grave injustice that

0:43:45.440 --> 0:43:48.960
<v Speaker 1>this is. So please do it right now. Click the

0:43:49.040 --> 0:43:52.839
<v Speaker 1>link in the episode bio and get involved. And now

0:43:52.880 --> 0:43:55.080
<v Speaker 1>we go to my favorite part of the show. It's called,

0:43:55.160 --> 0:43:57.840
<v Speaker 1>of course, closing arguments, where I first of all, thank

0:43:58.200 --> 0:44:02.080
<v Speaker 1>you guys for being here and sharing this harrowing story.

0:44:02.160 --> 0:44:04.759
<v Speaker 1>And then I'm going to turn my microphone off, leave

0:44:04.800 --> 0:44:07.239
<v Speaker 1>my headphones on, kick back in my chair, and just

0:44:08.480 --> 0:44:12.399
<v Speaker 1>listen to any closing thoughts you may have. So let's

0:44:12.480 --> 0:44:15.040
<v Speaker 1>kick it off with Lenny and then close it out

0:44:15.200 --> 0:44:16.000
<v Speaker 1>with Ulrico.

0:44:17.000 --> 0:44:21.480
<v Speaker 2>Once again, we have a case where the only evidence

0:44:21.800 --> 0:44:27.040
<v Speaker 2>that the Commonwealth has in a double murder is convicted felons.

0:44:27.360 --> 0:44:30.440
<v Speaker 2>It's a sad state of affairs when we are putting

0:44:30.520 --> 0:44:37.200
<v Speaker 2>people away for life based on convicted felons getting deals.

0:44:37.520 --> 0:44:41.520
<v Speaker 2>It's time for us to do something, especially in the

0:44:41.560 --> 0:44:46.040
<v Speaker 2>Commonwealth of Virginia. It's time for prosecutors to bear some

0:44:46.160 --> 0:44:49.319
<v Speaker 2>of this weight for using convicted felons that they know

0:44:49.800 --> 0:44:53.320
<v Speaker 2>have extensive criminal records and they know they're getting deals.

0:44:53.800 --> 0:44:57.319
<v Speaker 2>It's time for the prosecution to possibly suffer as a

0:44:57.360 --> 0:44:59.600
<v Speaker 2>result of this. I mean, it's the only way that

0:44:59.640 --> 0:45:04.239
<v Speaker 2>I can see that this situation will ever change. It's

0:45:04.280 --> 0:45:07.719
<v Speaker 2>a sad day that somebody like Lorico Kearney has been

0:45:07.760 --> 0:45:11.080
<v Speaker 2>in the prison system for twenty five years or more

0:45:11.400 --> 0:45:14.760
<v Speaker 2>for something he did not do. There is no evidence

0:45:14.840 --> 0:45:17.880
<v Speaker 2>to support it. It's time for this to change.

0:45:18.280 --> 0:45:20.480
<v Speaker 3>I mean, I would just like to say thank y'all

0:45:20.640 --> 0:45:23.400
<v Speaker 3>for allowing me the opportunity to share my story with

0:45:23.480 --> 0:45:26.640
<v Speaker 3>the world. Again, this is a situation that anybody can

0:45:26.680 --> 0:45:30.399
<v Speaker 3>find theirself in. Anybody can come forward and just say

0:45:30.440 --> 0:45:34.600
<v Speaker 3>you said anything, it's not right without the supporting evidence.

0:45:34.960 --> 0:45:38.279
<v Speaker 3>But twenty five plus years in prison, you know, I'm

0:45:38.280 --> 0:45:41.000
<v Speaker 3>still healthy. I still have hope that someday, you know,

0:45:41.080 --> 0:45:43.920
<v Speaker 3>the justice will prevail and I will be able to

0:45:43.960 --> 0:45:45.719
<v Speaker 3>walk out this prison and be with the people that

0:45:45.840 --> 0:45:49.440
<v Speaker 3>love me, try to build a relationship with my children.

0:45:49.520 --> 0:45:51.360
<v Speaker 3>I would like to see my daughter walk down an

0:45:51.360 --> 0:45:53.239
<v Speaker 3>aisle and like I said, just want to, you know,

0:45:53.320 --> 0:45:54.799
<v Speaker 3>just go out there and just be a pillow to

0:45:54.840 --> 0:45:57.640
<v Speaker 3>my community and try to help others that may be

0:45:57.760 --> 0:46:00.000
<v Speaker 3>lost so they won't end up in the same position

0:46:00.200 --> 0:46:03.480
<v Speaker 3>that I'm in. Again, I just expressed my condolences to

0:46:03.760 --> 0:46:06.319
<v Speaker 3>know the artist family what they have went through. You know,

0:46:06.560 --> 0:46:09.480
<v Speaker 3>nobody deserve to die, but I shouldn't spend the rest

0:46:09.520 --> 0:46:11.920
<v Speaker 3>of my life in prison based on you know, people

0:46:12.080 --> 0:46:14.600
<v Speaker 3>trying to help their whole situations. And I'm just looking

0:46:14.640 --> 0:46:16.560
<v Speaker 3>forward to today, Like I said, I'm released, and I

0:46:16.560 --> 0:46:18.800
<v Speaker 3>feel in my heart that you know, Joseph pavailed and

0:46:18.840 --> 0:46:20.680
<v Speaker 3>the right thing will be done. You know, my heart

0:46:20.719 --> 0:46:22.920
<v Speaker 3>and my courage I'm just too big just to die

0:46:22.920 --> 0:46:23.400
<v Speaker 3>in prison.

0:46:29.960 --> 0:46:33.080
<v Speaker 1>Thank you for listening to Wrongful Conviction. I'd like to

0:46:33.080 --> 0:46:36.800
<v Speaker 1>thank our production team Connor Hall, Jeff Cliburn, and Kevin Wardis,

0:46:36.960 --> 0:46:40.040
<v Speaker 1>with research by Lyla Robinson. The music in this production

0:46:40.200 --> 0:46:43.400
<v Speaker 1>was supplied by three time OSCAR nominated composer Jay Ralph.

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