WEBVTT - #284 Jason Flom and Greg Glod with John Jones - RE-RELEASE

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<v Speaker 1>I'm so grateful that many of our guests have been

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<v Speaker 1>released from prison, either before or after our coverage was released,

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<v Speaker 1>but others continued to languish behind bars for crimes they

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<v Speaker 1>didn't commit, including the man whose case we're going to

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<v Speaker 1>highlight again today, John Jones. The Ohio Innis's Project is

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<v Speaker 1>still hard at work to set him free, and this

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<v Speaker 1>is his story of how a grieving father's loss was

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<v Speaker 1>compounded by his wrongful conviction. John Jones and Deja Ruiz

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<v Speaker 1>had three children while working on their high school diplomas.

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<v Speaker 1>After celebrating Deja's mother's birthday on March eighteenth, twenty ten,

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<v Speaker 1>the young family laid down to sleep. Despite the expected

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<v Speaker 1>waking and feeding that comes with six month old twins,

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<v Speaker 1>the night was ordinary. When Deja left for school at

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<v Speaker 1>eight am, John propped some bottles on a blanket near

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<v Speaker 1>twins Jada and Jasmine and went back to sleep. Then,

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<v Speaker 1>when John woke again at nine forty am, turned on

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<v Speaker 1>cartoons for his son and went to attend to the twins.

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<v Speaker 1>Jada was unresponsive. In a panic. He called family and

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<v Speaker 1>nine one one. The dispatcher coached him through CPR until

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<v Speaker 1>first responders arrived and took over. He did everything a

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<v Speaker 1>concerned father would do, but when testing was done at

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<v Speaker 1>the hospital, doctors found what they mistakenly thought was conclusive

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<v Speaker 1>evidence of lethal child abuse. However, over the next decade,

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<v Speaker 1>the science that they used to support John's conviction has

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<v Speaker 1>crumbled under the weight of reality. Had a jury heard

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<v Speaker 1>all the other now logical explanations for the symptoms present

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<v Speaker 1>in little Jada's body, John Jones never would have served

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<v Speaker 1>a day of his fifteen to life prison sentence. This

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<v Speaker 1>is wrongful conviction. Welcome back to wrongful Conviction with Jason.

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<v Speaker 1>That's me, of course, your host, and today we're here

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<v Speaker 1>to tell you the heartbreaking story of John Jones, who

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<v Speaker 1>was just seventeen years old when his six month old daughter,

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<v Speaker 1>Jada Ruiz died, and shortly thereafter, the tragedy was compounded

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<v Speaker 1>by the hubris of some in the medical establishment and

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<v Speaker 1>legal system armed with the junk science of shaking baby syndrome.

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<v Speaker 1>And today I'm joined by a phenomenal co host. Avid

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<v Speaker 1>listeners will remember Greg glod from the Junk Science episode

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<v Speaker 1>on roadside drug Testing. He is the criminal Justice fellow

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<v Speaker 1>at Americans for Prosperity. Greg. Welcome back to Wrongful Conviction.

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<v Speaker 2>I appreciate it. Jason, thank you so much for allowing

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<v Speaker 2>me to co host. You and I have gotten close

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<v Speaker 2>over the last couple of months. I've been working on

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<v Speaker 2>criminal Justice Reformed since about twenty fifteen now, and to

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<v Speaker 2>be able to do this today and co host, is

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<v Speaker 2>you know, really an honor? So no, I really thank

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<v Speaker 2>you again.

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<v Speaker 1>Well, I'm the one who really should feel honored, and

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<v Speaker 1>not just because you've joined us, but also because with

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<v Speaker 1>us is one of the world's lead experts in one

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<v Speaker 1>of the most troubling aspects of our criminal legal system,

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<v Speaker 1>shaken Baby syndrome. Now she was also featured on Wrongful

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<v Speaker 1>Conviction Junk Science when we covered this subject. The executive

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<v Speaker 1>director of the Center for Integrity and Forensic Sciences, Kate Judson,

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<v Speaker 1>Welcome back to Wrongful Conviction.

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<v Speaker 3>Hi, thank you so much, Jason, and Hi Greg.

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<v Speaker 1>And last but not least, we have with us staff

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<v Speaker 1>attorney at the Ohio Innocence Project, the man who's representing

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<v Speaker 1>John Jones, Donald Caster. Donald, Welcome to Wroneful Conviction. Thanks

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<v Speaker 1>for being here.

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<v Speaker 4>Hi, Jason, thank you for having me on.

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<v Speaker 1>And we'll be joined very soon by John Jones. Was

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<v Speaker 1>going to be calling in from Lebanon Correctional Facility in Ohio.

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<v Speaker 1>But first let's get a little background on what John

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<v Speaker 1>was up against when Jada became unresponsive.

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<v Speaker 2>Kate, can you give a brief history on shaken baby syndrome?

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<v Speaker 2>You know where it came from, this hypothesis, and then

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<v Speaker 2>how did it start to enter its way into the

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<v Speaker 2>criminal justice system as a viable scientific theory to convict

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<v Speaker 2>caretakers of murder, Sure.

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<v Speaker 3>Greg, Shakin baby syndrome was originally proposed as a hypothesis

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<v Speaker 3>to explain a phenomenon that a pediatric neurosurgeon in Great

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<v Speaker 3>Britain was seeing in his patients. He would sometimes have

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<v Speaker 3>infants who died or were seriously ill without a clear

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<v Speaker 3>cause and without external trauma, and yet the internal features

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<v Speaker 3>looked a lot like kids who had suffered some kind

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<v Speaker 3>of traumatic injury. So those findings were subdural hematoma, which

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<v Speaker 3>is bleeding between the coverings of the brain, retinal hemorrhage

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<v Speaker 3>which is bleeding at the back of the eye, and

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<v Speaker 3>encephalopathy and cerebral edema, which sort of acts together as

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<v Speaker 3>one leg of what sometimes people call the triad. Ceribril

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<v Speaker 3>edema is brain swelling and encephalopathy is brain dysfunction. And

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<v Speaker 3>so doctor Guthkelch, the pediatric neurosurgeon, was seeing these findings

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<v Speaker 3>in kids and they looked injured on the inside but

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<v Speaker 3>not on the outside. And he thought that one reason

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<v Speaker 3>for that might be a common disciplinary technique in his

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<v Speaker 3>home Northern England in the seventies, which was shaking. And

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<v Speaker 3>so what doctor goth Kelch said is that these medical

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<v Speaker 3>findings could be due to shaking. And doctor goth Kelch

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<v Speaker 3>wasn't claiming to have the answers, but rather that he

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<v Speaker 3>was hypothesizing about what might be causing these findings. So

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<v Speaker 3>that started to evolve. A radiologist in New York, John Caffey,

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<v Speaker 3>built on that and he published articles saying the same thing, right,

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<v Speaker 3>that parents should be gentle with infants. But neither of

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<v Speaker 3>these doctors suggested that the medical findings that they associated

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<v Speaker 3>with shaking were exclusively diagnostic to shaking, nor did they

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<v Speaker 3>say that there was a reliable way to place blame

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<v Speaker 3>on a caregiver when a child had these medical.

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<v Speaker 2>Findings, right, and so where was the switch then, from

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<v Speaker 2>this just being you know, a hypothesist or an unexplained

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<v Speaker 2>phenomena to a verifiable medical diagnosis that actually began convicting

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<v Speaker 2>visuals of murder of a child.

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<v Speaker 3>And there's a little bit of a gap in understanding

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<v Speaker 3>between the mid to late nine seventies and then when

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<v Speaker 3>we start to see these cases appear in published appellate

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<v Speaker 3>decisions in the late eighties, and we started to see

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<v Speaker 3>prosecutors and pediatricians in particular, also pathologists saying that when

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<v Speaker 3>children had this collection of findings, which is sometimes called

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<v Speaker 3>a triad of findings or a constellation of medical findings,

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<v Speaker 3>that shaking could be diagnosed. And that's when it comes

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<v Speaker 3>into the criminal legal system and we start to see

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<v Speaker 3>the trajectory that we're on today where parents are wrongfully

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<v Speaker 3>accused based on only the existence of a particular set

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<v Speaker 3>of medical findings. And I mean to be totally clear,

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<v Speaker 3>there's no debate about whether abusive shaking, violent shaking of

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<v Speaker 3>an infant is dangerous. It is and no one should

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<v Speaker 3>do it. The debate is really whether shaking reliably explains

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<v Speaker 3>the findings that are often attributed to it, whether shaking

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<v Speaker 3>can be diagnosed as the cause of those findings.

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<v Speaker 2>Kate, and doing my research for this, there is a

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<v Speaker 2>large concentration of these shaken baby syndrome cases in the

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<v Speaker 2>state of Ohio. And so I just wanted to see

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<v Speaker 2>if you had any explanation behind why Ohio kind of

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<v Speaker 2>had a higher rate of shaking baby syndrome cases than

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<v Speaker 2>many other jurisdictions across the nation.

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<v Speaker 3>Researchers aren't one hundred percent sure why some places have

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<v Speaker 3>higher concentrations of diagnoses of SBS than others. It's probably

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<v Speaker 3>a combination of factors. But some of those factors include

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<v Speaker 3>prosecutors who are particularly aggressive in going after these are

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<v Speaker 3>kinds of accusations, the media attention certain cases receive in

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<v Speaker 3>certain media markets, and the child abuse pediatricians or forensic

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<v Speaker 3>pathologists who work on these cases, if they have a

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<v Speaker 3>particular belief or bent, then there are more likely to

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<v Speaker 3>be more accusations of shaking within that person's jurisdiction or

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<v Speaker 3>area of control. And Ohio is one of those places.

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<v Speaker 1>And now we'll go to Lebanon Correctional Facility to speak

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<v Speaker 1>with a young man who was doing his best as

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<v Speaker 1>a young teenager to raise three kids while finishing high

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<v Speaker 1>school in the third largest shaken babyies syndrome epicenter in

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<v Speaker 1>the country, Akron, Ohio.

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<v Speaker 3>Hello, this is a prepaid debit call.

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<v Speaker 5>From an inmate. It's Elebanon correctional facility to accept this call.

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<v Speaker 3>Press zero to prevent.

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<v Speaker 2>This call is from a correction facility and is subject

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<v Speaker 2>to monitoring and recording.

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<v Speaker 1>Thank you for using GTL. Hello John, Yeah this job John.

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<v Speaker 1>Like I always say, I'm glad you're here with us,

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<v Speaker 1>but I'm sorry because of the reason you're here, or

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<v Speaker 1>more to the point, because of where you are.

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<v Speaker 6>Thanks for having me.

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<v Speaker 1>So I wanted you to take us back, if you will,

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<v Speaker 1>to your life before this absolute horror happened. You were

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<v Speaker 1>growing up in Akron.

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<v Speaker 7>I grew up with four sisters who struggled.

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<v Speaker 6>I grew up poor. He moved around a lot.

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<v Speaker 5>My mom has some struggles strugg edition alcohol addiction. My

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<v Speaker 5>father as well had the same struggles. Regardless of what

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<v Speaker 5>she was going through her own personal problems. My mom

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<v Speaker 5>always was around, she was always with us. But my

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<v Speaker 5>grandmother end up getting customery of me.

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<v Speaker 6>When I was real young. She just put us on

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<v Speaker 6>a path to try to be as successful as we could.

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<v Speaker 6>Growing love.

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<v Speaker 5>I did real good at school, always was like an

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<v Speaker 5>honor roll student. Once I became a teenager, and that's

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<v Speaker 5>when I came.

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<v Speaker 6>Into contact with my child's mother.

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<v Speaker 5>I met her December sixteenth, my fourteenth birthday, and my

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<v Speaker 5>son was can see nine days later.

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<v Speaker 7>On Christmas Eve, Christmas night.

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<v Speaker 6>So now on fourteen, I'm expecting a child on the way.

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<v Speaker 6>I knew that I had.

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<v Speaker 7>A responsibility now, so school.

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<v Speaker 6>No longer was a priority. My did what I needed

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<v Speaker 6>to do to provide for him.

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<v Speaker 5>As time progressed, me and her eventually began to establish

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<v Speaker 5>a relationship get closer. A couple of years later, that's

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<v Speaker 5>when my twins were can See.

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<v Speaker 6>Jada and jazz Man. We ended up getting an apartment

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<v Speaker 6>together on our own.

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<v Speaker 5>My grandmother was still technically my legal guardian, so I

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<v Speaker 5>lived with them, but I spent most.

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<v Speaker 7>Nights with my child's mother just to be around my children.

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<v Speaker 7>Growing up.

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<v Speaker 5>My father was always in my life, but like I said,

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<v Speaker 5>he was battling with addiction. Even though I loved him unconditionally,

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<v Speaker 5>he just wasn't the best that he could have been.

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<v Speaker 6>So that it made me want to make sure I

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<v Speaker 6>was the.

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<v Speaker 5>Best I could have been, regardless of how old I was,

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<v Speaker 5>regardless of school, whatever I was going through, I was

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<v Speaker 5>going to be present every single day in their life,

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<v Speaker 5>no matter what, regardless of the status of me and

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<v Speaker 5>their mother's relationship, how healthy or how unhealthy it was,

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<v Speaker 5>I was going to make sure I was there for

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<v Speaker 5>my kids no matter what.

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<v Speaker 1>And that's admirable. And so you, your children's mother, Desa,

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<v Speaker 1>your son Tyshan, and the twins Jada and Jasmine all

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<v Speaker 1>moved into an apartment together. Dajo was eighteen, you're seventeen,

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<v Speaker 1>and you were both finishing high school through an alternative

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<v Speaker 1>school for young parents, and somehow you're making it work.

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<v Speaker 1>Which brings us to March nineteenth, twenty ten.

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<v Speaker 7>The night before that morning it was actually her mother's birthday.

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<v Speaker 6>Everybody spent some time together. It was a cool little

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<v Speaker 6>vibe though. Everybody was on the same page.

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<v Speaker 7>And we went to sleep like any other day.

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<v Speaker 6>We slept down in the living room.

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<v Speaker 5>I slept on the couch, my daughter, Jaded and she

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<v Speaker 5>slept down on the floor with my daughter, saying, and

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<v Speaker 5>my son was down there with as well.

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<v Speaker 7>But throughout the night she.

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<v Speaker 5>Was waking me up, complaining about positioning or beating or

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<v Speaker 5>you know, my daughter might have been hungry or whatever.

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<v Speaker 7>She was waking me up throughout the night.

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<v Speaker 5>But it was just a typical day, and then that

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<v Speaker 5>morning she had a test that she had to go take.

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<v Speaker 1>Right and from what I understand, you both fed the

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<v Speaker 1>twins at five am and then went back to sleep.

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<v Speaker 1>Then Dasia woke up at seven am to get ready

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<v Speaker 1>for school and left around eight.

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<v Speaker 5>So I get up, walking through the door, you know,

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<v Speaker 5>wishing her look on her task, give her a kiss.

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<v Speaker 7>She go out.

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<v Speaker 5>At this point, my son's still asleep, my daughter's on

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<v Speaker 5>the couch, they laying down. It's early in the morning,

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<v Speaker 5>so I'm still tired.

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<v Speaker 7>I go up to my.

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<v Speaker 5>Daughter's I popped the bottles. I learned later on now

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<v Speaker 5>that this wasn't a smart.

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<v Speaker 7>Thing to due just because of the safety.

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<v Speaker 5>Concerns with a notewarm, But time I really wasn't aware

0:12:01.440 --> 0:12:04.640
<v Speaker 5>of it, and it was more like a convenient being

0:12:04.640 --> 0:12:06.600
<v Speaker 5>away of me going back to sleep, but also feeding

0:12:06.600 --> 0:12:10.280
<v Speaker 5>them if they were having So I placed the bottles up.

0:12:10.200 --> 0:12:12.840
<v Speaker 7>On the blanket and I'll prop them up so I'll put.

0:12:12.720 --> 0:12:14.480
<v Speaker 5>Them right there, and just so when they do wake up,

0:12:15.040 --> 0:12:16.760
<v Speaker 5>the bottle be right there, they'll be able to feed.

0:12:16.920 --> 0:12:18.679
<v Speaker 5>I can be able to sleep about another hour or

0:12:18.679 --> 0:12:23.200
<v Speaker 5>to whatever. Anbr everybody be cool. We did this every

0:12:23.240 --> 0:12:23.840
<v Speaker 5>day must.

0:12:23.720 --> 0:12:25.600
<v Speaker 6>Of a time, so it was just another I said,

0:12:25.600 --> 0:12:26.440
<v Speaker 6>it was just another day.

0:12:26.640 --> 0:12:30.720
<v Speaker 1>But it's at this point, between eight and nine forty

0:12:30.760 --> 0:12:34.200
<v Speaker 1>am that, according to the state's theory and what passed

0:12:34.240 --> 0:12:38.880
<v Speaker 1>for expert testimony, that you allegedly abused your daughter Jada

0:12:39.000 --> 0:12:41.280
<v Speaker 1>in such a way that it caused all of these

0:12:41.400 --> 0:12:45.480
<v Speaker 1>supposed injuries or symptoms that were later observed at the hospital,

0:12:46.280 --> 0:12:49.640
<v Speaker 1>the same ones that Kate had mentioned earlier that make

0:12:49.760 --> 0:12:53.280
<v Speaker 1>up the triad of shaking baby syndrome. But as we

0:12:53.400 --> 0:12:57.200
<v Speaker 1>now know, there are a myriad of medical conditions that

0:12:57.320 --> 0:13:01.400
<v Speaker 1>can and do cause these symptoms in addition to an

0:13:01.480 --> 0:13:05.840
<v Speaker 1>accidental or intentional traumatic event, and even in those events,

0:13:05.920 --> 0:13:08.480
<v Speaker 1>it's important to note that a child may be lucid

0:13:08.760 --> 0:13:11.040
<v Speaker 1>up to seventy two hours or even more before the

0:13:11.120 --> 0:13:13.960
<v Speaker 1>symptoms or injuries become a parent, and in this case,

0:13:14.920 --> 0:13:17.520
<v Speaker 1>they became apparent to you when you checked on Jada

0:13:17.600 --> 0:13:21.480
<v Speaker 1>and Jasmine at around nine forty am on that faithful,

0:13:21.559 --> 0:13:25.280
<v Speaker 1>awful day. And you know, as a father myself, it's

0:13:25.320 --> 0:13:28.240
<v Speaker 1>every parent's worst nightmare. So at nine forty am you

0:13:28.600 --> 0:13:32.480
<v Speaker 1>woke up, put on cartoons for Tyshon and go to

0:13:32.559 --> 0:13:36.760
<v Speaker 1>check on your daughters, only to find that Jada was unresponsive.

0:13:37.080 --> 0:13:37.439
<v Speaker 7>That was the.

0:13:37.400 --> 0:13:39.840
<v Speaker 5>Scariest moment in my life. That was the worst day

0:13:39.880 --> 0:13:41.960
<v Speaker 5>of my life. I didn't know what to do in

0:13:42.000 --> 0:13:44.600
<v Speaker 5>that moment. She wasn't breathing, she wasn't moving, she wasn't

0:13:44.600 --> 0:13:47.920
<v Speaker 5>responsor for at all. I instantly get on the phone.

0:13:47.960 --> 0:13:50.640
<v Speaker 5>My first reaction was to call our family because my

0:13:50.720 --> 0:13:52.880
<v Speaker 5>daughters were born with accid reflects.

0:13:53.559 --> 0:13:55.840
<v Speaker 6>They when they feed, they were regard to take the food.

0:13:55.880 --> 0:13:57.480
<v Speaker 6>It would come up their most sometimes it would come

0:13:57.559 --> 0:13:59.120
<v Speaker 6>up their mouth. It didn't happen every time, but it

0:13:59.160 --> 0:14:00.000
<v Speaker 6>happened frequently.

0:14:00.559 --> 0:14:02.960
<v Speaker 7>So at first I was wondering if this was the case.

0:14:03.000 --> 0:14:05.520
<v Speaker 5>So I actually called my mom and I tell them

0:14:05.520 --> 0:14:06.040
<v Speaker 5>what's going on.

0:14:06.080 --> 0:14:07.360
<v Speaker 7>But I'm panicking, so I didn't want to stay on

0:14:07.360 --> 0:14:08.559
<v Speaker 7>the phone with them too long because.

0:14:08.400 --> 0:14:10.720
<v Speaker 5>I'm realizing she's not breathing or nothing. But I called

0:14:10.720 --> 0:14:12.640
<v Speaker 5>her family as well to let them know. I get

0:14:12.640 --> 0:14:14.600
<v Speaker 5>off the phone. I called nine one one tell them

0:14:14.640 --> 0:14:16.760
<v Speaker 5>the whole situation is. I'm listening to the nine one

0:14:16.800 --> 0:14:17.400
<v Speaker 5>one operator.

0:14:17.440 --> 0:14:19.760
<v Speaker 7>She's explaining to me how to do the test confession

0:14:19.840 --> 0:14:21.880
<v Speaker 7>and the mouth to mouth. I tried. I did everything

0:14:21.920 --> 0:14:22.280
<v Speaker 7>I could.

0:14:22.440 --> 0:14:24.640
<v Speaker 5>Nothing was working like so at this point, I'm becoming

0:14:24.680 --> 0:14:29.840
<v Speaker 5>more scared, more upset. I'm crying, and I'm just waiting

0:14:29.920 --> 0:14:32.760
<v Speaker 5>seem like a second favers. They finally arrived, They grab her,

0:14:32.800 --> 0:14:35.040
<v Speaker 5>they take her out, and I begin to speak to

0:14:35.040 --> 0:14:35.960
<v Speaker 5>the detectives or whatever.

0:14:36.000 --> 0:14:38.240
<v Speaker 6>I'm telling them everything pretty much that I'm telling.

0:14:38.080 --> 0:14:39.760
<v Speaker 7>You, this my recolation of that night.

0:14:39.840 --> 0:14:43.440
<v Speaker 5>In the morning, nothing really stood out telling me. From

0:14:43.440 --> 0:14:45.360
<v Speaker 5>that point, family members started rising.

0:14:45.480 --> 0:14:46.360
<v Speaker 6>Everybody's fron sign.

0:14:47.040 --> 0:14:48.840
<v Speaker 7>We all head down to the hospital, and then a

0:14:48.840 --> 0:14:50.120
<v Speaker 7>couple hours later, that's when we.

0:14:50.120 --> 0:14:55.480
<v Speaker 5>Hear the doctor's opinion about what they believed was the

0:14:55.480 --> 0:14:56.520
<v Speaker 5>cause of everything.

0:14:57.520 --> 0:15:01.080
<v Speaker 4>When the first responders arrived then see any signs of

0:15:01.120 --> 0:15:04.720
<v Speaker 4>any external injuries. They didn't see any bruising or obvious

0:15:04.840 --> 0:15:09.520
<v Speaker 4>deformities or bone fractures. They were under the impression that

0:15:09.960 --> 0:15:13.360
<v Speaker 4>Jada might have suffered from SIDS or sudden infant death syndrome.

0:15:13.680 --> 0:15:17.560
<v Speaker 4>And the police see John doing what you would expect

0:15:17.760 --> 0:15:21.600
<v Speaker 4>a distraught father to be doing. It's an officer named

0:15:21.600 --> 0:15:24.440
<v Speaker 4>Dennis Bard starts taking pictures of the scene. There are

0:15:24.440 --> 0:15:27.600
<v Speaker 4>blankets that are collected. One of the things that's not

0:15:27.640 --> 0:15:31.640
<v Speaker 4>collected is the bottles that were feeding two of the children.

0:15:31.320 --> 0:15:34.160
<v Speaker 2>And that becomes critical later on in the state's theory

0:15:34.160 --> 0:15:34.600
<v Speaker 2>of the case.

0:15:34.880 --> 0:15:37.240
<v Speaker 4>The bottles are important, at least according to the state,

0:15:37.520 --> 0:15:40.520
<v Speaker 4>because one of the doctors who testified on behalf of

0:15:40.560 --> 0:15:44.720
<v Speaker 4>the state told the jury that how much milk and

0:15:44.760 --> 0:15:47.640
<v Speaker 4>formula was in the bottle would have been really important

0:15:47.680 --> 0:15:50.920
<v Speaker 4>in establishing the timing of abuse, because, according to the

0:15:50.960 --> 0:15:55.120
<v Speaker 4>state's doctor, Jada wouldn't have been able to consume anything

0:15:55.200 --> 0:15:59.560
<v Speaker 4>from the bottle after suffering the type of injuries that

0:15:59.720 --> 0:16:01.360
<v Speaker 4>they Jada had suffered.

0:16:01.920 --> 0:16:04.600
<v Speaker 1>And what we now know, and this is so important,

0:16:04.640 --> 0:16:08.000
<v Speaker 1>is that a child can experience seventy two hours or

0:16:08.040 --> 0:16:12.680
<v Speaker 1>more of lucidity after a traumatic event, whether accidental or intentional,

0:16:13.000 --> 0:16:15.800
<v Speaker 1>which it's not entirely clear that this is in fact

0:16:15.840 --> 0:16:18.720
<v Speaker 1>what happened to cause these symptoms. And I say symptoms

0:16:19.160 --> 0:16:23.880
<v Speaker 1>because a myriad of medical conditions can cause what happened

0:16:23.920 --> 0:16:27.200
<v Speaker 1>to Jada to happen. But we're getting a little bit

0:16:27.200 --> 0:16:30.040
<v Speaker 1>of ahead of ourselves here. So the first responders see

0:16:30.080 --> 0:16:34.200
<v Speaker 1>this situation as a non criminal death, not a homicide.

0:16:34.520 --> 0:16:37.880
<v Speaker 1>So the bottle was just left there and the lead investigator,

0:16:37.920 --> 0:16:39.800
<v Speaker 1>Detective Shady, drove John to.

0:16:39.800 --> 0:16:45.080
<v Speaker 4>The hospital, Detective Shady also does a very brief interview

0:16:45.280 --> 0:16:48.480
<v Speaker 4>of John at the time. Detective Shady and John go

0:16:48.560 --> 0:16:51.920
<v Speaker 4>to the hospital following the ambulance, and once they get

0:16:51.920 --> 0:16:55.080
<v Speaker 4>to the hospital, they find out that Jada had been

0:16:55.240 --> 0:16:59.840
<v Speaker 4>successfully resuscitated. John makes phone calls to family members to

0:17:00.120 --> 0:17:02.920
<v Speaker 4>let them know that things were at least looking a

0:17:02.960 --> 0:17:05.160
<v Speaker 4>little bit better now that they were at the hospital,

0:17:05.760 --> 0:17:09.240
<v Speaker 4>and then doctors at the hospital start to do medical tests.

0:17:09.359 --> 0:17:12.800
<v Speaker 4>They do a cat scan, other tests, and again, ultimately

0:17:13.000 --> 0:17:17.280
<v Speaker 4>the doctors began to believe that there were actual injuries

0:17:17.320 --> 0:17:20.280
<v Speaker 4>to Jada, and in fact, once they got to the hospital,

0:17:20.840 --> 0:17:24.280
<v Speaker 4>John was confronted by a doctor who who did not

0:17:24.440 --> 0:17:27.399
<v Speaker 4>testify a trial, but a significant to the case, a

0:17:27.440 --> 0:17:30.679
<v Speaker 4>doctor Darryl Steiner, who came in and told John and

0:17:30.760 --> 0:17:34.000
<v Speaker 4>the detective that Jada had suffered from what he called

0:17:34.119 --> 0:17:38.360
<v Speaker 4>non accidental injuries. The hospital staff also claimed that there

0:17:38.359 --> 0:17:42.639
<v Speaker 4>were old injuries, insinuating that abuse had taken place for

0:17:42.720 --> 0:17:44.520
<v Speaker 4>a significant period of time.

0:17:45.040 --> 0:17:47.800
<v Speaker 1>So, John, you had just been through one of the

0:17:47.840 --> 0:17:52.200
<v Speaker 1>most harrowing experiences that anyone can ever go through, and

0:17:52.240 --> 0:17:56.200
<v Speaker 1>you were waiting to hear what the path forward might

0:17:56.240 --> 0:18:00.720
<v Speaker 1>be for your daughter and the doctors at Aquan Children's Hospital,

0:18:00.720 --> 0:18:04.600
<v Speaker 1>again the number three epicenter for shaking baby syndrome diagnoses

0:18:04.600 --> 0:18:09.320
<v Speaker 1>and prosecutions in the country. Those doctors tell you the

0:18:09.359 --> 0:18:14.800
<v Speaker 1>family and detectives their opinion that the medical facts observed

0:18:14.840 --> 0:18:19.399
<v Speaker 1>in Jata retinal bleeding, subdual bleeding and brain swelling, as

0:18:19.480 --> 0:18:22.320
<v Speaker 1>well as a series of fractures, that these could only

0:18:22.359 --> 0:18:25.639
<v Speaker 1>have been the result of a non accidental traumatic event,

0:18:25.920 --> 0:18:30.520
<v Speaker 1>in other words, child abuse, violent shaking by Jada's caretaker

0:18:30.600 --> 0:18:34.320
<v Speaker 1>at the time that she went unresponsive. And again, we

0:18:34.680 --> 0:18:39.000
<v Speaker 1>now know that there are a slew of medical conditions

0:18:39.080 --> 0:18:43.480
<v Speaker 1>that can cause these symptoms, and that children can experience

0:18:44.200 --> 0:18:48.480
<v Speaker 1>seventy two hours or more of relatively normal behavior after

0:18:48.600 --> 0:18:53.160
<v Speaker 1>such a traumatic event, if a traumatic event even ever

0:18:53.240 --> 0:18:56.280
<v Speaker 1>occurred and was in fact what caused these symptoms. So

0:18:56.800 --> 0:19:00.760
<v Speaker 1>back then many in the medical establishment, these doctors thought

0:19:00.840 --> 0:19:04.199
<v Speaker 1>that they could diagnose a crime and the time of

0:19:04.240 --> 0:19:07.760
<v Speaker 1>that crime, which we now know that they could not. Meanwhile,

0:19:07.920 --> 0:19:11.520
<v Speaker 1>your story has remained consistent ever since that faithful day,

0:19:11.640 --> 0:19:14.840
<v Speaker 1>and nowhere in your recollection of events does even a

0:19:15.000 --> 0:19:18.600
<v Speaker 1>minor frustration occur, let alone violence shaking.

0:19:19.160 --> 0:19:23.360
<v Speaker 5>Never, never, never, We all sitting in the weiting room

0:19:23.480 --> 0:19:25.760
<v Speaker 5>or in the area when they come in and they

0:19:25.800 --> 0:19:29.080
<v Speaker 5>tell us, well, we believe that what's wrong with her

0:19:29.240 --> 0:19:32.639
<v Speaker 5>was my accident and was intentional, was caused by somebody,

0:19:33.160 --> 0:19:35.760
<v Speaker 5>was caused by specifically somebody who was there.

0:19:35.920 --> 0:19:38.480
<v Speaker 6>So then at that point I felt like I was.

0:19:38.480 --> 0:19:42.480
<v Speaker 5>Being accused or even suspected of something.

0:19:42.720 --> 0:19:44.399
<v Speaker 7>And the only other person that was there with me

0:19:45.080 --> 0:19:45.760
<v Speaker 7>was their mother.

0:19:46.440 --> 0:19:48.920
<v Speaker 6>I know I did do nothing to her. I never

0:19:48.960 --> 0:19:52.240
<v Speaker 6>will so a man. Things running through my head at

0:19:52.280 --> 0:19:52.680
<v Speaker 6>that moment.

0:19:52.720 --> 0:19:55.760
<v Speaker 5>I'm scared first and foremost most completely for my daughter.

0:19:55.880 --> 0:19:58.280
<v Speaker 5>Now I'm questioning it, like why are they saying somebody

0:19:58.280 --> 0:20:00.440
<v Speaker 5>did this? Why they say somebody causes like like did

0:20:00.480 --> 0:20:04.680
<v Speaker 5>she do something? So a conversation was had afterward outside

0:20:04.720 --> 0:20:05.200
<v Speaker 5>with just.

0:20:05.119 --> 0:20:08.480
<v Speaker 7>Me and her, and you know, I asked her straight up,

0:20:08.520 --> 0:20:09.720
<v Speaker 7>like did she do something?

0:20:10.280 --> 0:20:10.920
<v Speaker 6>And she did not.

0:20:11.080 --> 0:20:13.040
<v Speaker 5>You know, I didn't do nothing. I don't know what

0:20:13.040 --> 0:20:17.119
<v Speaker 5>they're talking about. Like, so now now I'm just confused,

0:20:17.160 --> 0:20:17.960
<v Speaker 5>like I just don't know what.

0:20:18.200 --> 0:20:18.720
<v Speaker 6>I don't know.

0:20:19.240 --> 0:20:22.640
<v Speaker 5>But they take this, continue to question me, they keep

0:20:22.680 --> 0:20:25.560
<v Speaker 5>talking to me. My natural reaction was to corrop grad

0:20:25.640 --> 0:20:26.960
<v Speaker 5>with them. You know what I'm saying, it's my baby

0:20:26.960 --> 0:20:28.520
<v Speaker 5>so however, I can help whatever I can say, But

0:20:28.560 --> 0:20:30.040
<v Speaker 5>at the end of the day, I don't know much.

0:20:30.080 --> 0:20:31.040
<v Speaker 7>I don't know what to say.

0:20:31.080 --> 0:20:33.679
<v Speaker 6>I'm confused like anybody else, everybody else, I don't know

0:20:33.720 --> 0:20:35.440
<v Speaker 6>what happened much.

0:20:35.520 --> 0:20:38.679
<v Speaker 5>The finger was actually pointed and blame was cast and

0:20:39.440 --> 0:20:43.240
<v Speaker 5>charges were brought apart me in indictments and hand cushy

0:20:43.280 --> 0:20:45.240
<v Speaker 5>place on me not. That's when I started feeling like

0:20:46.880 --> 0:20:48.959
<v Speaker 5>their antentions wasn't in the right place, because if they

0:20:49.000 --> 0:20:51.800
<v Speaker 5>truly was, then you would have really saw out a

0:20:51.880 --> 0:20:53.879
<v Speaker 5>real answer instead of just placed it on.

0:20:54.600 --> 0:20:57.560
<v Speaker 6>Somebody shifted because they were physically and.

0:20:59.200 --> 0:20:59.640
<v Speaker 7>The wrong.

0:21:11.960 --> 0:21:16.320
<v Speaker 1>This episode is underwritten by Paul Weiss, Rifkin, Porton and Garrison,

0:21:16.480 --> 0:21:20.000
<v Speaker 1>a leading international law firm. Paul Weiss has long had

0:21:20.040 --> 0:21:24.280
<v Speaker 1>an unwavering commitment to providing impactful, pro bono legal assistance

0:21:24.359 --> 0:21:26.879
<v Speaker 1>to the most vulnerable members of our society and in

0:21:26.920 --> 0:21:30.679
<v Speaker 1>support of the public interest, including extensive work in the

0:21:30.720 --> 0:21:42.760
<v Speaker 1>criminal justice area. So with misplaced conference, they attribute injuries

0:21:42.840 --> 0:21:46.000
<v Speaker 1>or symptoms to actions and persons when the science barely

0:21:46.040 --> 0:21:49.080
<v Speaker 1>even supported it back then, let alone now. The causes

0:21:49.080 --> 0:21:52.560
<v Speaker 1>of Jada's symptoms range from accidental or intentional drama to

0:21:52.760 --> 0:21:56.680
<v Speaker 1>internal For instance, there's a well recognized condition where there's

0:21:56.760 --> 0:21:59.359
<v Speaker 1>a little extra space in between the child's brain and

0:21:59.400 --> 0:22:03.120
<v Speaker 1>skull wretches the veins that bridge that space, which causes

0:22:03.240 --> 0:22:07.160
<v Speaker 1>chronic subdural bleeding. It still hasn't been determined what causes

0:22:07.200 --> 0:22:11.440
<v Speaker 1>this overlying condition, but birth trauma has been suggested as

0:22:11.440 --> 0:22:15.320
<v Speaker 1>a potential cause, whether natural or cesarian, and this condition

0:22:15.720 --> 0:22:19.320
<v Speaker 1>usually manifests within the child second to six months. Jada,

0:22:19.640 --> 0:22:22.159
<v Speaker 1>of course, was six months old when this occurred, and

0:22:22.520 --> 0:22:25.160
<v Speaker 1>it's logical to think that being birthed as a twin

0:22:25.600 --> 0:22:28.679
<v Speaker 1>could probably be described as a traumatic event, an event

0:22:28.720 --> 0:22:32.719
<v Speaker 1>that could cause limb fractures as well. In these shaken

0:22:32.840 --> 0:22:37.240
<v Speaker 1>baby syndrome cases, CT scans and MRIs will usually show

0:22:37.320 --> 0:22:40.680
<v Speaker 1>the chronic subdural bleeding as they found in this case,

0:22:40.720 --> 0:22:44.080
<v Speaker 1>which will then be used as evidence of repeated abuse. Well,

0:22:44.119 --> 0:22:47.919
<v Speaker 1>it's misused, but used anyway, when all along there's a

0:22:48.040 --> 0:22:53.440
<v Speaker 1>legitimate and logical medical explanation. Other potential causes for symptoms

0:22:53.480 --> 0:22:56.399
<v Speaker 1>like Jada's. I mean, you could write a medical textbook

0:22:56.440 --> 0:23:02.119
<v Speaker 1>on this right. They include bleeding disorderslogen disorders, copper disorders,

0:23:02.200 --> 0:23:08.160
<v Speaker 1>genetic disorders, vitamin deficiencies, even your everyday average household slip

0:23:08.200 --> 0:23:12.240
<v Speaker 1>and fall. But I seriously doubt whether the number three

0:23:12.320 --> 0:23:17.120
<v Speaker 1>epicenter for diagnosing or misdiagnosing child abuse did a full

0:23:17.240 --> 0:23:20.120
<v Speaker 1>genetic work up to rule out all of these potential

0:23:20.119 --> 0:23:23.199
<v Speaker 1>causes before it just sort of cavalierly sending John up

0:23:23.200 --> 0:23:23.600
<v Speaker 1>the river.

0:23:24.440 --> 0:23:29.320
<v Speaker 3>So the allegation was that Jada had a series of

0:23:29.480 --> 0:23:32.960
<v Speaker 3>fractures and that perhaps those fractures were of different ages,

0:23:33.040 --> 0:23:36.080
<v Speaker 3>and that, combined with the findings of bleeding and of

0:23:36.119 --> 0:23:40.280
<v Speaker 3>brain swelling, were thought to indicate trauma, and specifically trauma

0:23:40.480 --> 0:23:41.720
<v Speaker 3>from abuse.

0:23:42.040 --> 0:23:45.159
<v Speaker 4>So, unfortunately, one of the things that we know happens

0:23:45.200 --> 0:23:49.240
<v Speaker 4>in wrongful conviction cases all the time is that once

0:23:49.720 --> 0:23:53.040
<v Speaker 4>the police and in this case, doctors start to head

0:23:53.040 --> 0:23:55.760
<v Speaker 4>in a certain direction, it begins to be very difficult

0:23:55.800 --> 0:23:58.560
<v Speaker 4>for them to turn to a new path. And that's

0:23:58.560 --> 0:24:02.000
<v Speaker 4>what happened here. The police and the doctors didn't look

0:24:02.080 --> 0:24:06.320
<v Speaker 4>for any other causes. They seized on this diagnosis of

0:24:06.520 --> 0:24:10.640
<v Speaker 4>shaking baby syndrome and that's where they went. It's one

0:24:10.680 --> 0:24:14.800
<v Speaker 4>of the things that makes it harder for us to

0:24:14.840 --> 0:24:18.400
<v Speaker 4>successfully represent John. Not impossible. We think we'll be successful

0:24:18.440 --> 0:24:20.840
<v Speaker 4>in this case ultimately, but it's one of the things

0:24:20.880 --> 0:24:23.800
<v Speaker 4>that hampers our work some is that we don't have

0:24:24.359 --> 0:24:28.560
<v Speaker 4>the medical records for Jada from Jada's birth up until

0:24:28.560 --> 0:24:31.920
<v Speaker 4>March nineteenth. And the reason is that they were never

0:24:32.000 --> 0:24:35.680
<v Speaker 4>gathered by either the medical investigators or the law enforcement

0:24:35.760 --> 0:24:40.119
<v Speaker 4>investigators to look at and to determine whether there was

0:24:40.359 --> 0:24:45.760
<v Speaker 4>other symptomology, other pathology, other things going on with Jada

0:24:46.320 --> 0:24:50.240
<v Speaker 4>prior to March nineteenth, instead of just the medical records

0:24:50.280 --> 0:24:52.840
<v Speaker 4>from March nineteenth going forward.

0:24:52.760 --> 0:24:56.600
<v Speaker 2>Particularly with the SBS, we've seen over two hundred cases overturned.

0:24:56.760 --> 0:24:58.200
<v Speaker 2>In a lot of these, you know, it seemed clear

0:24:58.280 --> 0:25:00.240
<v Speaker 2>cut that there was abuse, and later on it was

0:25:00.280 --> 0:25:03.119
<v Speaker 2>either some sort of minor accident or some sort of

0:25:03.119 --> 0:25:05.960
<v Speaker 2>genetic cause to this. And so, you know, I think

0:25:06.000 --> 0:25:10.000
<v Speaker 2>people have this notion of what SBS is, and we

0:25:10.040 --> 0:25:12.520
<v Speaker 2>see clearly that there's a lot of varying reasons for

0:25:12.600 --> 0:25:15.639
<v Speaker 2>that to potentially see these findings within a child and

0:25:15.680 --> 0:25:18.359
<v Speaker 2>then they're just you know, initially ignored, but then later

0:25:18.400 --> 0:25:20.840
<v Speaker 2>come out later on when you have a full examination

0:25:20.960 --> 0:25:21.920
<v Speaker 2>or full medical history.

0:25:22.040 --> 0:25:24.320
<v Speaker 3>Well, and there's a lot of overlap here, greg because

0:25:24.720 --> 0:25:27.360
<v Speaker 3>a lot of the factors that caused children to have

0:25:27.480 --> 0:25:30.119
<v Speaker 3>either have health problems or have their health problems not

0:25:30.240 --> 0:25:33.639
<v Speaker 3>be appropriately diagnosed or treated, are also the factors that

0:25:33.760 --> 0:25:37.600
<v Speaker 3>doctors and child protection workers will look at to say

0:25:37.600 --> 0:25:40.040
<v Speaker 3>that statistically, a child is more likely to be abused.

0:25:40.040 --> 0:25:41.760
<v Speaker 3>And so what I mean by that is parents who

0:25:41.800 --> 0:25:45.040
<v Speaker 3>are young and parents who are people of color are

0:25:45.640 --> 0:25:50.240
<v Speaker 3>both more likely to be accused of crimes and more

0:25:50.359 --> 0:25:54.600
<v Speaker 3>likely to receive disparate treatment within the medical establishment. So

0:25:55.119 --> 0:25:58.760
<v Speaker 3>those things actually work together to create an unjust result

0:25:58.840 --> 0:25:59.720
<v Speaker 3>in many cases.

0:26:00.119 --> 0:26:02.920
<v Speaker 1>Yeah, and it's worth noting that just as we record,

0:26:03.400 --> 0:26:06.399
<v Speaker 1>a study was just published which showed that there is

0:26:06.880 --> 0:26:11.399
<v Speaker 1>intense cognitive bias amongst medical examiners, so much so that

0:26:11.520 --> 0:26:14.639
<v Speaker 1>when given the same exact evidence, two different groups and

0:26:14.720 --> 0:26:17.640
<v Speaker 1>we're talking large groups of medical examiners look at exactly

0:26:17.680 --> 0:26:19.159
<v Speaker 1>the same evidence of a three year old that was

0:26:19.200 --> 0:26:22.000
<v Speaker 1>brought to the hospital with head trauma and died were

0:26:22.040 --> 0:26:24.920
<v Speaker 1>four times more likely to rule it a homicide when

0:26:24.960 --> 0:26:27.040
<v Speaker 1>they were told that the child was black and that

0:26:27.119 --> 0:26:29.720
<v Speaker 1>the child was brought in by the boyfriend of the mother,

0:26:29.920 --> 0:26:32.320
<v Speaker 1>as opposed to the other group that was told with

0:26:32.480 --> 0:26:35.159
<v Speaker 1>exactly the same evidence that the child was white and

0:26:35.280 --> 0:26:37.879
<v Speaker 1>was brought in by a grandparent. So just to really

0:26:37.880 --> 0:26:40.239
<v Speaker 1>put a stamp on what you were saying, Kate, So

0:26:40.800 --> 0:26:42.159
<v Speaker 1>let's turn to the arrest.

0:26:42.400 --> 0:26:46.840
<v Speaker 4>So John was not arrested right away, although it was

0:26:47.000 --> 0:26:50.200
<v Speaker 4>clear that once Jada was taken off of life support

0:26:50.640 --> 0:26:53.320
<v Speaker 4>and passed away, that they were going to charge him

0:26:53.800 --> 0:26:57.200
<v Speaker 4>with murder. John didn't have a lot of money as

0:26:57.240 --> 0:27:00.960
<v Speaker 4>a teenager charged with a crime. He had council appointed

0:27:00.960 --> 0:27:04.199
<v Speaker 4>to represent him, and then council got the court to

0:27:04.240 --> 0:27:08.160
<v Speaker 4>provide some funds for an additional expert witness to help

0:27:08.200 --> 0:27:09.080
<v Speaker 4>prepare for trial.

0:27:09.640 --> 0:27:12.840
<v Speaker 2>So at trial, what was the state's theory, what was

0:27:12.840 --> 0:27:15.639
<v Speaker 2>the evidence behind that, and then what did the defense

0:27:15.840 --> 0:27:17.360
<v Speaker 2>put together to refute.

0:27:17.680 --> 0:27:21.360
<v Speaker 4>So Deja agreed with everything that John had said previously

0:27:21.400 --> 0:27:25.359
<v Speaker 4>about what happened in the hour or so before Deja

0:27:25.480 --> 0:27:28.840
<v Speaker 4>left for school that day, So there was no inconsistency

0:27:28.880 --> 0:27:33.320
<v Speaker 4>between what John's been saying and what Deja said happened. Deja,

0:27:33.359 --> 0:27:37.280
<v Speaker 4>of course, claimed that she didn't do anything to any

0:27:37.320 --> 0:27:40.639
<v Speaker 4>of the children. According to her testimony at trial, she

0:27:40.800 --> 0:27:45.000
<v Speaker 4>believed John may have lied to her about any wrongdoing,

0:27:45.600 --> 0:27:48.560
<v Speaker 4>but das's being told by the people who were supposed

0:27:48.560 --> 0:27:51.399
<v Speaker 4>to know what they're talking about. The John killed her

0:27:51.520 --> 0:27:53.040
<v Speaker 4>child and Kate.

0:27:53.160 --> 0:27:56.639
<v Speaker 2>What were the medical findings that the state witnesses had

0:27:56.760 --> 0:27:57.919
<v Speaker 2>and what they concluded.

0:27:58.400 --> 0:28:01.480
<v Speaker 3>The medical facts presented at trial in this case included

0:28:01.520 --> 0:28:04.520
<v Speaker 3>a series of fractures, mostly fresh but at least one

0:28:04.760 --> 0:28:10.600
<v Speaker 3>older fracture, retinal hemorrhaging, subdural hemorrhaging, signs of previous subdural hemorrhaging,

0:28:10.720 --> 0:28:13.199
<v Speaker 3>and brain swelling. As I said before, this is the

0:28:13.200 --> 0:28:16.200
<v Speaker 3>classic triad of shaken baby syndrome. Then the state put

0:28:16.200 --> 0:28:20.399
<v Speaker 3>on three medical witnesses. Doctor Paul McPherson testified that the

0:28:20.480 --> 0:28:22.840
<v Speaker 3>child would not have been able to suck any milk

0:28:22.880 --> 0:28:25.479
<v Speaker 3>after sustaining these kinds of injuries. But we now know

0:28:25.640 --> 0:28:28.800
<v Speaker 3>that a child can experience seventy two hours of lucidity

0:28:28.920 --> 0:28:32.560
<v Speaker 3>after the injuries associated with shaken baby syndrome, and that's

0:28:32.600 --> 0:28:35.320
<v Speaker 3>what published case reports have shown us. It could be

0:28:35.359 --> 0:28:38.239
<v Speaker 3>even greater than that. So doctor macpherson conceded that the

0:28:38.240 --> 0:28:41.200
<v Speaker 3>injuries may have been sustained before John woke at eight

0:28:41.240 --> 0:28:43.720
<v Speaker 3>am to give Jada a bottle. The injuries may not

0:28:43.760 --> 0:28:46.320
<v Speaker 3>have been apparent, and the state had to seal up

0:28:46.360 --> 0:28:49.560
<v Speaker 3>that concession. With doctor Paul Besunder, who testified that the

0:28:49.600 --> 0:28:53.040
<v Speaker 3>causal injury could not have been sustained prior to eight am. Again,

0:28:53.600 --> 0:28:56.160
<v Speaker 3>we now know that a child can experience seventy two

0:28:56.240 --> 0:29:00.480
<v Speaker 3>hours of lucidity or more after the injuries associated with us.

0:29:00.720 --> 0:29:03.920
<v Speaker 3>Their last medical witnesses testimony was based on the testimony

0:29:03.960 --> 0:29:07.040
<v Speaker 3>of Detective Shady, who said that John told him in

0:29:07.040 --> 0:29:10.240
<v Speaker 3>an unrecorded interview that Jada began to suck the bottle

0:29:10.280 --> 0:29:12.880
<v Speaker 3>when he made it available by propping it on the

0:29:12.920 --> 0:29:17.440
<v Speaker 3>blanket nearby. This is refuted by two other recorded interviews

0:29:17.440 --> 0:29:20.600
<v Speaker 3>with John, as well as Deja's uncontested statement that Jada

0:29:20.600 --> 0:29:22.840
<v Speaker 3>had drunk half her bottle before Dasa left for school.

0:29:23.280 --> 0:29:24.880
<v Speaker 3>So you can see that the state was trying to

0:29:24.920 --> 0:29:27.800
<v Speaker 3>box the cause of Jada's death into the window that

0:29:27.880 --> 0:29:31.320
<v Speaker 3>Jada was under John's care alone. Summit County Coroner doctor

0:29:31.360 --> 0:29:35.040
<v Speaker 3>Lisa Kohler testified that, based on the secondhand information that

0:29:35.040 --> 0:29:38.080
<v Speaker 3>the child drank a significant portion of the milk after

0:29:38.160 --> 0:29:41.080
<v Speaker 3>eight am, the injuries were a result of being shaken,

0:29:41.320 --> 0:29:44.200
<v Speaker 3>because if she could still muster the energy to drink

0:29:44.280 --> 0:29:47.040
<v Speaker 3>milk after eight am, then the trauma must have been

0:29:47.080 --> 0:29:49.880
<v Speaker 3>committed by John to cause her to go unconscious. However,

0:29:50.240 --> 0:29:52.040
<v Speaker 3>and I know that I sound like a broken record here.

0:29:52.120 --> 0:29:54.760
<v Speaker 3>If there was causal trauma, it could have happened seventy

0:29:54.800 --> 0:29:57.960
<v Speaker 3>two hours into the past from when Jada became unresponsive.

0:29:58.160 --> 0:30:01.040
<v Speaker 1>So the state's case was completely undermined by what we

0:30:01.200 --> 0:30:04.240
<v Speaker 1>now know about the junk science that they were relying

0:30:04.280 --> 0:30:08.760
<v Speaker 1>on to convict John. The defense, however, called renowned forensic

0:30:08.800 --> 0:30:13.400
<v Speaker 1>pathologist doctor John Arden, who agreed that these could have

0:30:13.480 --> 0:30:17.400
<v Speaker 1>been injuries from abuse or not, and that they could

0:30:17.440 --> 0:30:21.360
<v Speaker 1>have occurred between seven and nine forty five am. However,

0:30:21.840 --> 0:30:25.400
<v Speaker 1>the evidence available did not permit a medical opinion with

0:30:25.560 --> 0:30:29.280
<v Speaker 1>any degree of specificity regarding the timing of any of

0:30:29.320 --> 0:30:32.600
<v Speaker 1>the fresh injuries, and that it is not medically reasonable

0:30:32.680 --> 0:30:37.560
<v Speaker 1>to make any such determinations. Subdural hemorrhaging does not typically

0:30:37.600 --> 0:30:41.600
<v Speaker 1>cause immediate incapacitation, So the way the state was trying

0:30:41.680 --> 0:30:44.920
<v Speaker 1>to fence in this crime to that eight to nine

0:30:45.000 --> 0:30:50.240
<v Speaker 1>forty am window just doesn't hold water. Doctor Arden testified

0:30:50.280 --> 0:30:54.400
<v Speaker 1>that Jada's medical records corroborate John's telling of events to

0:30:54.520 --> 0:30:57.280
<v Speaker 1>a reasonable degree of medical certainty.

0:30:57.720 --> 0:30:59.920
<v Speaker 2>And doctor Arden, isn't you know, I'll say for lack

0:30:59.920 --> 0:31:03.040
<v Speaker 2>of a better term, one of these defense witness gun

0:31:03.080 --> 0:31:05.960
<v Speaker 2>for hire that'll kind of say, you know what he wants.

0:31:06.000 --> 0:31:08.200
<v Speaker 2>I mean, he was a believer of SBS for a

0:31:08.280 --> 0:31:10.840
<v Speaker 2>very long time, and he's mentioned very recent like you said,

0:31:10.840 --> 0:31:13.880
<v Speaker 2>in more recent studies that doctors need to be very

0:31:13.920 --> 0:31:17.560
<v Speaker 2>mindful of diagnosing this and they're really missing key facts.

0:31:17.600 --> 0:31:20.480
<v Speaker 2>And Kate, you mentioned it, and I'll ask the tough question.

0:31:20.560 --> 0:31:24.480
<v Speaker 2>I mean, you have fractures and limbs at least diagnosed

0:31:24.520 --> 0:31:27.600
<v Speaker 2>by state's witnesses and other things at trial. Were there

0:31:27.600 --> 0:31:32.120
<v Speaker 2>any explanations about where potentially these injuries may have come

0:31:32.160 --> 0:31:34.360
<v Speaker 2>because you know, I think you're on a jury, you're

0:31:34.400 --> 0:31:37.760
<v Speaker 2>seeing you know, multiple fractures and damage to the head

0:31:37.800 --> 0:31:39.880
<v Speaker 2>and then also to the extremities.

0:31:40.120 --> 0:31:43.720
<v Speaker 3>What is important to know about medical findings in these

0:31:43.760 --> 0:31:47.640
<v Speaker 3>kinds of cases is that medical findings might look like abuse,

0:31:47.720 --> 0:31:50.520
<v Speaker 3>but they might not necessarily be abused. And that can

0:31:50.560 --> 0:31:54.479
<v Speaker 3>happen for a few reasons. One is that injuries that

0:31:54.720 --> 0:31:59.600
<v Speaker 3>are accidental can be misinterpreted by medical providers and investigators

0:31:59.600 --> 0:32:03.240
<v Speaker 3>as a b and another is related to this assumption

0:32:03.440 --> 0:32:07.880
<v Speaker 3>that sometimes medical providers make that because they don't know

0:32:08.440 --> 0:32:13.200
<v Speaker 3>about the child's underlying medical conditions. If the child doesn't

0:32:13.240 --> 0:32:17.280
<v Speaker 3>have any, so maybe a child has a bone disorder,

0:32:17.960 --> 0:32:22.560
<v Speaker 3>they might fracture very easily. The classic example of this

0:32:22.760 --> 0:32:25.840
<v Speaker 3>is little babies in a neonatal intensive care unit who

0:32:25.880 --> 0:32:29.600
<v Speaker 3>are born, for example, very premature, and they can experience

0:32:29.640 --> 0:32:33.680
<v Speaker 3>fractures with totally normal handling, changing their diaper, things like that.

0:32:34.080 --> 0:32:37.080
<v Speaker 3>But that's not the only scenario in which children can

0:32:37.120 --> 0:32:40.360
<v Speaker 3>have what appear to be really serious injuries from little

0:32:40.480 --> 0:32:44.360
<v Speaker 3>or no trauma. And because we don't know enough about

0:32:44.520 --> 0:32:48.080
<v Speaker 3>Jada's medical condition, it's really hard for us to know

0:32:48.800 --> 0:32:53.000
<v Speaker 3>what kind of actions were required for her to sustain

0:32:53.080 --> 0:32:54.400
<v Speaker 3>the injuries that she had.

0:32:54.760 --> 0:32:57.920
<v Speaker 1>So after the presentation of dueling experts, the defense called

0:32:58.000 --> 0:33:00.920
<v Speaker 1>John to the stand, who said what you've already heard here,

0:33:01.240 --> 0:33:04.800
<v Speaker 1>that he did not hurt those children. Ever, that he

0:33:04.880 --> 0:33:07.840
<v Speaker 1>did not see Jada drink from the bottle after eight am,

0:33:07.920 --> 0:33:11.000
<v Speaker 1>but simply propped up a half full bottle on a blanket,

0:33:11.160 --> 0:33:17.080
<v Speaker 1>consistent with Daja's uncontested statement. And again, all this fucking

0:33:17.200 --> 0:33:21.800
<v Speaker 1>nonsense about the bottle is completely irrelevant because current science

0:33:21.880 --> 0:33:25.160
<v Speaker 1>supports that in the case of a traumatic event, it

0:33:25.240 --> 0:33:28.440
<v Speaker 1>could have happened anytime over the prior three days or

0:33:28.480 --> 0:33:32.320
<v Speaker 1>even longer. So, whether it was intentional or an accident,

0:33:32.480 --> 0:33:35.080
<v Speaker 1>Jada could have fallen off the couch the changing table.

0:33:35.400 --> 0:33:39.840
<v Speaker 1>Knowing what we know now, one cannot maintain that those

0:33:39.920 --> 0:33:42.800
<v Speaker 1>injuries could have only happened one way, the way that

0:33:42.840 --> 0:33:47.160
<v Speaker 1>the state maintains still maintains violent shaking while Jada was

0:33:47.200 --> 0:33:50.560
<v Speaker 1>alone in John's care. And that's if the cause even

0:33:50.800 --> 0:33:53.960
<v Speaker 1>was a traumatic event rather than a pre existing medical condition.

0:33:54.360 --> 0:33:56.920
<v Speaker 1>And like I've already mentioned here, there are and we've

0:33:57.080 --> 0:34:00.520
<v Speaker 1>counted them. There are eighty eight potential conditions that we

0:34:00.560 --> 0:34:03.800
<v Speaker 1>know of so far, and the research is ongoing. Now,

0:34:03.960 --> 0:34:08.240
<v Speaker 1>I want to quote the man that first hypothesized shaken

0:34:08.320 --> 0:34:12.440
<v Speaker 1>baby syndrome back in the nineteen seventies, doctor Norman Guthkelch.

0:34:12.719 --> 0:34:15.560
<v Speaker 1>We mentioned him earlier, and he wrote an article in

0:34:15.560 --> 0:34:19.160
<v Speaker 1>twenty twelve. I'll never forget this that it was titled

0:34:19.239 --> 0:34:23.160
<v Speaker 1>after forty years of Consideration, and that article was harshly

0:34:23.239 --> 0:34:26.759
<v Speaker 1>critical of his very own hypothesis and everything that has

0:34:26.800 --> 0:34:30.680
<v Speaker 1>happened since. And so in a twenty twelve interview, doctor

0:34:30.760 --> 0:34:34.319
<v Speaker 1>Guthkelch said, and I quote, I think we need to

0:34:34.360 --> 0:34:36.439
<v Speaker 1>go back to the drawing board and make a more

0:34:36.520 --> 0:34:39.759
<v Speaker 1>thorough assessment of these fatal cases. And I'm going to

0:34:39.880 --> 0:34:42.640
<v Speaker 1>bet that we are going to find in every or

0:34:42.680 --> 0:34:45.720
<v Speaker 1>at least the large majority of cases, that the child

0:34:45.840 --> 0:34:49.440
<v Speaker 1>had another severe illness of some sort which was missed

0:34:49.600 --> 0:34:53.920
<v Speaker 1>until too late. End the quote. I mean that's the

0:34:54.120 --> 0:35:00.560
<v Speaker 1>man himself. But unfortunately that was twenty twelve and trial

0:35:00.600 --> 0:35:03.839
<v Speaker 1>was in twenty eleven. So after hearing the state's witnesses

0:35:03.960 --> 0:35:07.240
<v Speaker 1>up against John's witness and not knowing really a fraction

0:35:07.360 --> 0:35:11.160
<v Speaker 1>of what we know now, John was convicted almost predictably

0:35:11.719 --> 0:35:15.560
<v Speaker 1>and sentenced to fifteen years to life. John, can you

0:35:15.680 --> 0:35:18.520
<v Speaker 1>take us back to that terrible moment when the jury

0:35:18.600 --> 0:35:19.160
<v Speaker 1>came back in.

0:35:20.080 --> 0:35:22.759
<v Speaker 5>I stand up, I'm listening to the verdict on Ka one.

0:35:23.080 --> 0:35:25.480
<v Speaker 5>Kyle one was the highest degree of murder charts.

0:35:25.920 --> 0:35:27.160
<v Speaker 6>We finally defended.

0:35:26.880 --> 0:35:28.200
<v Speaker 7>Johnsones not guilty.

0:35:28.560 --> 0:35:30.680
<v Speaker 5>I actually turned back to my family and that the

0:35:30.719 --> 0:35:33.120
<v Speaker 5>whole sense and feeling of relief just come over me,

0:35:33.160 --> 0:35:36.600
<v Speaker 5>and I'm just like, finally, like everything just all the way,

0:35:36.680 --> 0:35:37.800
<v Speaker 5>everything just went away.

0:35:38.320 --> 0:35:39.960
<v Speaker 7>I'm still agreeving with the loss of my daughter, but

0:35:40.080 --> 0:35:41.040
<v Speaker 7>like the stress.

0:35:40.719 --> 0:35:44.400
<v Speaker 5>And the worry of the jail situation and all of this,

0:35:44.480 --> 0:35:45.240
<v Speaker 5>it just went away.

0:35:45.040 --> 0:35:47.719
<v Speaker 7>Because I heard the words not guilty, not knowing.

0:35:47.480 --> 0:35:49.319
<v Speaker 5>That they got the whole rest of the indictment to read.

0:35:50.160 --> 0:35:54.239
<v Speaker 5>So how too murder as a result of fluxus saw

0:35:54.280 --> 0:35:55.080
<v Speaker 5>that we find.

0:35:54.840 --> 0:35:56.360
<v Speaker 7>That defending don zounds guilty.

0:35:57.080 --> 0:35:59.160
<v Speaker 6>It's just like all the life in my body.

0:35:58.960 --> 0:36:01.440
<v Speaker 5>Just let Initially with his tears, it was just like

0:36:01.680 --> 0:36:04.520
<v Speaker 5>I can't even explain the feeling, like I look at my.

0:36:04.520 --> 0:36:08.640
<v Speaker 7>Mind, she crying, my sister, everybody crying, even.

0:36:08.480 --> 0:36:11.320
<v Speaker 6>My bang mind she crying. At that moment, I just

0:36:11.400 --> 0:36:11.879
<v Speaker 6>knew life.

0:36:12.000 --> 0:36:14.680
<v Speaker 7>You know, it's about to be the longest, hardest part

0:36:14.680 --> 0:36:15.200
<v Speaker 7>in my life.

0:36:15.760 --> 0:36:31.520
<v Speaker 8>And they said me to fifteen years of life.

0:36:32.200 --> 0:36:36.319
<v Speaker 6>I'm in here with grown men, I'm fresh eighteen. I'm

0:36:36.360 --> 0:36:39.759
<v Speaker 6>here with convictive killers. I'm in here with people serve

0:36:39.920 --> 0:36:42.360
<v Speaker 6>all types of different type of crimes. And I gotta survive.

0:36:42.800 --> 0:36:45.000
<v Speaker 6>I started trying to educate myself.

0:36:45.080 --> 0:36:46.440
<v Speaker 7>I got my ged I just.

0:36:46.400 --> 0:36:47.040
<v Speaker 6>Got to survive.

0:36:47.080 --> 0:36:48.880
<v Speaker 5>I'm here now, so I gotta try to do everything

0:36:48.920 --> 0:36:51.799
<v Speaker 5>I can to grow and prosper the best that I can.

0:36:53.000 --> 0:36:54.719
<v Speaker 6>I've seen a lot of hair, I learned a lot

0:36:54.719 --> 0:36:55.560
<v Speaker 6>of here. I grew up.

0:36:55.600 --> 0:36:57.960
<v Speaker 5>I found myself in here, I was a kid when

0:36:57.960 --> 0:37:00.279
<v Speaker 5>I came in. I'm almost twenty nine hours, learned a

0:37:00.280 --> 0:37:04.279
<v Speaker 5>lot of air, all another person perspective, my mentality, my

0:37:04.400 --> 0:37:06.080
<v Speaker 5>outlook on life, everything is different.

0:37:08.160 --> 0:37:11.439
<v Speaker 1>Don What is being done now for this young man?

0:37:11.600 --> 0:37:14.880
<v Speaker 1>Is there any other exculpatory evidence that we haven't already

0:37:14.880 --> 0:37:20.640
<v Speaker 1>outlined here, or any evidence that the state hid constitutional violations?

0:37:20.680 --> 0:37:25.480
<v Speaker 4>In terms of constitutional violations, a defendant has a right

0:37:26.120 --> 0:37:30.880
<v Speaker 4>not to be convicted on the basis of unreliable, quasi

0:37:30.960 --> 0:37:34.400
<v Speaker 4>scientific evidence. And that's what happened in John's case, and

0:37:34.440 --> 0:37:38.360
<v Speaker 4>that's what happens in these so called shaken Baby syndrome

0:37:38.440 --> 0:37:42.760
<v Speaker 4>prosecutions around the country, and particularly in Ohio, and even

0:37:42.800 --> 0:37:46.200
<v Speaker 4>more particularly in Summit County, which is where Akron is.

0:37:46.520 --> 0:37:49.840
<v Speaker 4>As Kate pointed out near the beginning today, Ohio is

0:37:49.880 --> 0:37:53.560
<v Speaker 4>a particular hotspot for these sorts of cases, and not

0:37:53.600 --> 0:37:57.640
<v Speaker 4>just Ohio, but Summit County and Akron specifically. So either

0:37:57.680 --> 0:38:00.760
<v Speaker 4>the people of Akron really like to use their children,

0:38:01.520 --> 0:38:04.600
<v Speaker 4>or there's something going on at Acron Children's Hospital and

0:38:04.719 --> 0:38:07.960
<v Speaker 4>in the Summit County Prosecutor's office with respect to their

0:38:08.000 --> 0:38:11.920
<v Speaker 4>proclivity for jumping to the conclusion of child abuse. And

0:38:11.960 --> 0:38:15.080
<v Speaker 4>bringing these types of cases. We are preparing to bring

0:38:15.160 --> 0:38:19.279
<v Speaker 4>post conviction litigation on John's path. We will argue that

0:38:19.840 --> 0:38:23.520
<v Speaker 4>the science in this field has changed considerably over the

0:38:23.640 --> 0:38:26.640
<v Speaker 4>last ten or eleven years, that if a jury could

0:38:26.680 --> 0:38:29.560
<v Speaker 4>have heard in twenty ten what it could hear today,

0:38:29.960 --> 0:38:32.120
<v Speaker 4>that a conviction simply wouldn't have happened.

0:38:32.200 --> 0:38:35.640
<v Speaker 2>So really, what you have here, and taking a step back,

0:38:35.920 --> 0:38:39.000
<v Speaker 2>is you have a horrible tragedy. You have a conviction

0:38:39.160 --> 0:38:43.359
<v Speaker 2>based upon science that, if it was tried today, would

0:38:43.400 --> 0:38:45.719
<v Speaker 2>not be a viable theory, and you have a man

0:38:46.040 --> 0:38:51.400
<v Speaker 2>still behind bars based upon that unreliable theory of shaking

0:38:51.440 --> 0:38:52.600
<v Speaker 2>Babysitcrome correct.

0:38:52.680 --> 0:38:57.840
<v Speaker 1>Absolutely so for our listeners, I'm sure you're feeling the

0:38:57.960 --> 0:39:02.400
<v Speaker 1>same outrage that I'm feeling now. And what can people do?

0:39:03.200 --> 0:39:06.319
<v Speaker 4>I certainly think that people can start writing letters to

0:39:06.480 --> 0:39:10.960
<v Speaker 4>the parole board. John won't be eligible for parole until

0:39:10.960 --> 0:39:14.080
<v Speaker 4>twenty twenty five, and hopefully by that time will have

0:39:14.200 --> 0:39:17.960
<v Speaker 4>successfully completed litigation on his behalf in parole won't matter,

0:39:18.320 --> 0:39:21.600
<v Speaker 4>But I certainly think that that people can start writing

0:39:21.640 --> 0:39:23.879
<v Speaker 4>to the parole board about these issues. Because John isn't

0:39:23.920 --> 0:39:26.200
<v Speaker 4>the only person in Ohio who has to come before

0:39:26.200 --> 0:39:29.680
<v Speaker 4>a parole board ultimately and convince the parole board that

0:39:30.040 --> 0:39:34.200
<v Speaker 4>shaking baby syndrome just shouldn't serve as the underpinning for

0:39:34.280 --> 0:39:36.959
<v Speaker 4>a conviction that keeps someone in prison for the rest

0:39:37.000 --> 0:39:39.799
<v Speaker 4>of their lives. So that's something that people can do.

0:39:39.840 --> 0:39:41.880
<v Speaker 4>The other thing I would say that people should do,

0:39:41.880 --> 0:39:45.400
<v Speaker 4>even apart from John's case, is be informed. If you

0:39:45.440 --> 0:39:49.280
<v Speaker 4>get a jury duty summons, show up and then don't

0:39:49.320 --> 0:39:54.040
<v Speaker 4>just believe what the government scientists tell you, think about it,

0:39:55.000 --> 0:39:57.480
<v Speaker 4>decide whether or not what they're saying is credible and

0:39:57.600 --> 0:40:00.840
<v Speaker 4>makes sense, and listen with open ears the experts that

0:40:00.960 --> 0:40:03.040
<v Speaker 4>Defense Council puts on the stand as well.

0:40:03.760 --> 0:40:08.000
<v Speaker 1>And remember it's innocent until proven guilty, not the other

0:40:08.000 --> 0:40:11.400
<v Speaker 1>way around. So with that, John, we're thinking of you

0:40:11.920 --> 0:40:14.759
<v Speaker 1>all the time, and we're going to do everything we can.

0:40:14.960 --> 0:40:18.080
<v Speaker 1>You have an extraordinary team, not just on this call,

0:40:18.239 --> 0:40:21.759
<v Speaker 1>but at the Ohio Innocence Project and throughout the innocence community.

0:40:22.560 --> 0:40:25.440
<v Speaker 1>I encourage people to donate to the Ohio Innocence Project

0:40:26.120 --> 0:40:28.960
<v Speaker 1>so that we can help John and so many others

0:40:28.960 --> 0:40:31.480
<v Speaker 1>who have been wrongfully convicted in the state of Ohio.

0:40:31.800 --> 0:40:34.680
<v Speaker 1>So with that, now, of course it's the part of

0:40:34.680 --> 0:40:37.440
<v Speaker 1>the show called closing arguments. First of all, I think

0:40:37.520 --> 0:40:40.640
<v Speaker 1>our distinguished guests even we'll call it a panel today.

0:40:40.880 --> 0:40:43.120
<v Speaker 1>First time I've ever used that word of closing arguments.

0:40:43.200 --> 0:40:47.000
<v Speaker 1>So from Greg and I thanks again for being here. Greg,

0:40:47.160 --> 0:40:49.160
<v Speaker 1>thank you for co hosting with me as well.

0:40:49.239 --> 0:40:51.440
<v Speaker 2>Thank you very much for allowing me to co host here. Jason.

0:40:51.680 --> 0:40:55.080
<v Speaker 1>Okay, and now we'll go to Donald and save Kate

0:40:55.200 --> 0:40:57.879
<v Speaker 1>for last just because of alphabetical order, and then over

0:40:57.920 --> 0:41:00.600
<v Speaker 1>to you John of course for the closing arguments.

0:41:00.960 --> 0:41:03.720
<v Speaker 4>Thank you Jason and Greg for having us on today

0:41:03.800 --> 0:41:07.319
<v Speaker 4>and for talking about this really, really important issue and

0:41:07.360 --> 0:41:10.560
<v Speaker 4>this important part of the criminal justice system that hasn't

0:41:10.600 --> 0:41:15.080
<v Speaker 4>gotten enough attention recently. When I work with my clients

0:41:15.120 --> 0:41:18.560
<v Speaker 4>who have been convicted of child abuse through this shaken

0:41:18.640 --> 0:41:21.640
<v Speaker 4>Baby syndrome theory, and as I talk to their families,

0:41:21.680 --> 0:41:25.360
<v Speaker 4>I alternate between sadness and anger. I'm angry, as is

0:41:25.400 --> 0:41:28.960
<v Speaker 4>everybody in the podcast today, that people go to prison

0:41:29.480 --> 0:41:32.520
<v Speaker 4>over cases that looked like this, and I'm sad because

0:41:32.520 --> 0:41:36.439
<v Speaker 4>of what it does to people and their families. John

0:41:36.480 --> 0:41:39.880
<v Speaker 4>went to prison when he was teenager, and if the

0:41:39.880 --> 0:41:42.640
<v Speaker 4>state of Ohiouse has its way he'll never get out

0:41:42.680 --> 0:41:46.359
<v Speaker 4>again for something that wasn't a crime. It was a

0:41:46.360 --> 0:41:51.120
<v Speaker 4>crime that never happened. These cases are enormously difficult to undo.

0:41:52.000 --> 0:41:55.040
<v Speaker 4>I compare these cases sometimes to like trying to poke

0:41:55.080 --> 0:41:57.719
<v Speaker 4>a hole through jello. It's easier to make a hole

0:41:57.760 --> 0:42:00.520
<v Speaker 4>through a very solid object than it is through something

0:42:00.560 --> 0:42:03.960
<v Speaker 4>that's weak and weekly it just closes up around the

0:42:04.000 --> 0:42:06.920
<v Speaker 4>hole that you've just made, and trying to undo these

0:42:07.000 --> 0:42:11.239
<v Speaker 4>shaken baby convictions can be exactly like that. We need

0:42:11.280 --> 0:42:14.080
<v Speaker 4>to do better in our criminal justice system. We need

0:42:14.120 --> 0:42:17.120
<v Speaker 4>to pay attention to the science. We need to make

0:42:17.160 --> 0:42:20.000
<v Speaker 4>it a little bit easier to discover the evidence to

0:42:20.080 --> 0:42:23.400
<v Speaker 4>undo these convictions after they happen. In Ohio, for instance,

0:42:23.440 --> 0:42:26.839
<v Speaker 4>we really need the ability to do discovery before we

0:42:26.920 --> 0:42:30.560
<v Speaker 4>file an action so we can get things like Jada's

0:42:30.640 --> 0:42:33.719
<v Speaker 4>medical records from birth up until five months, so that

0:42:33.760 --> 0:42:36.759
<v Speaker 4>we can put together the full medical history that we

0:42:36.880 --> 0:42:39.680
<v Speaker 4>need to do the work in this kind of case.

0:42:39.840 --> 0:42:43.960
<v Speaker 3>Okay, The prosecution of these types of cases are based

0:42:44.000 --> 0:42:47.000
<v Speaker 3>on a laudable goal, and that's to protect children and

0:42:47.080 --> 0:42:50.959
<v Speaker 3>protect the most vulnerable. Nobody wants child abuse, Nobody wants

0:42:51.000 --> 0:42:55.000
<v Speaker 3>to see abuse at all. Unfortunately, what's happened is that

0:42:55.400 --> 0:42:59.040
<v Speaker 3>doctors and other experts believe that in these cases they

0:42:59.080 --> 0:43:02.160
<v Speaker 3>can do what's called err on the side of the child.

0:43:02.400 --> 0:43:06.280
<v Speaker 3>They can accuse someone of abuse when they're not sure

0:43:06.680 --> 0:43:10.600
<v Speaker 3>or when all of the science doesn't unerringly point to

0:43:10.640 --> 0:43:14.160
<v Speaker 3>the defendant, and you can't err on the side of

0:43:14.200 --> 0:43:17.799
<v Speaker 3>the child in these kinds of cases. It's impossible. Any

0:43:18.040 --> 0:43:20.400
<v Speaker 3>error is going to harm both the child who may

0:43:20.400 --> 0:43:23.080
<v Speaker 3>be a victim and everyone else involved in the case.

0:43:23.480 --> 0:43:27.799
<v Speaker 3>And that's because when these cases are investigated improperly or

0:43:27.880 --> 0:43:29.960
<v Speaker 3>charges are broad that are wrongful, that means that a

0:43:30.080 --> 0:43:32.960
<v Speaker 3>child can be separated from a loving family, or that

0:43:33.040 --> 0:43:36.480
<v Speaker 3>a grieving parent who's lost a child can be punished

0:43:36.560 --> 0:43:39.399
<v Speaker 3>for something that they didn't do. And it also might

0:43:39.440 --> 0:43:42.040
<v Speaker 3>mean that a child who is ill or who has

0:43:42.080 --> 0:43:44.919
<v Speaker 3>had an accident might not get the right medical care

0:43:45.000 --> 0:43:48.040
<v Speaker 3>for their illness. There's no way to err on the

0:43:48.040 --> 0:43:50.080
<v Speaker 3>side of the child in these cases, and that's why

0:43:50.120 --> 0:43:54.719
<v Speaker 3>we have to be so careful. We cannot have convictions

0:43:54.719 --> 0:43:58.040
<v Speaker 3>that are premised on science that is shaky or science

0:43:58.120 --> 0:44:02.760
<v Speaker 3>that is ambiguous. Why the Center for Integrity in Forensic

0:44:02.800 --> 0:44:07.959
<v Speaker 3>Sciences exists because everybody's right to justice and a fair

0:44:08.080 --> 0:44:11.120
<v Speaker 3>result depends on a fair process and a fair trial,

0:44:11.360 --> 0:44:14.840
<v Speaker 3>and you can't have that when there is testimony or

0:44:14.880 --> 0:44:19.640
<v Speaker 3>opinion introduced at the trial that is overstated or just

0:44:19.719 --> 0:44:20.360
<v Speaker 3>playing wrong.

0:44:20.719 --> 0:44:24.080
<v Speaker 1>And now of course over to you, John, I.

0:44:24.080 --> 0:44:25.840
<v Speaker 7>Just want to sign light on my situation.

0:44:26.000 --> 0:44:28.200
<v Speaker 5>I want people to realize what I'm going through. And

0:44:28.239 --> 0:44:29.840
<v Speaker 5>I'm not even the only person going through this is

0:44:29.960 --> 0:44:32.919
<v Speaker 5>possibly being accused of causing that there are children child

0:44:33.040 --> 0:44:36.400
<v Speaker 5>science like something that's not even le g It's a

0:44:36.440 --> 0:44:38.520
<v Speaker 5>lot of whole period and the whole theory and the

0:44:38.520 --> 0:44:39.239
<v Speaker 5>whole concept of.

0:44:39.280 --> 0:44:41.799
<v Speaker 7>The saying big potentional. So I just want to shed

0:44:41.920 --> 0:44:42.880
<v Speaker 7>light on that situation.

0:44:43.040 --> 0:44:45.480
<v Speaker 6>First and foremost, I know that it's going to get better.

0:44:45.520 --> 0:44:45.920
<v Speaker 5>I know that.

0:44:46.120 --> 0:44:47.600
<v Speaker 7>I know that. I know that because I know I

0:44:47.640 --> 0:44:49.560
<v Speaker 7>deserve it. I know that the truth gonna come out.

0:44:50.400 --> 0:44:50.960
<v Speaker 5>I love my.

0:44:51.000 --> 0:44:53.640
<v Speaker 7>Daughter not conditionally. I love all my children. I have

0:44:53.719 --> 0:44:56.399
<v Speaker 7>three children, including my daughter who goshed the way first

0:44:56.440 --> 0:44:59.840
<v Speaker 7>of the people. I love them unconditionally, do anything.

0:44:59.560 --> 0:45:01.959
<v Speaker 6>For them, will give my life for them. I gotta

0:45:02.000 --> 0:45:03.200
<v Speaker 6>continue to fight for my life.

0:45:03.200 --> 0:45:05.239
<v Speaker 7>I gotta continue to fight for my freedom, and I

0:45:05.280 --> 0:45:06.640
<v Speaker 7>got to continue to fight for justice.

0:45:06.680 --> 0:45:08.200
<v Speaker 6>For my daughter, because at the end of the day,

0:45:08.239 --> 0:45:11.120
<v Speaker 6>that's what it's truly about. When we find out the

0:45:11.160 --> 0:45:13.240
<v Speaker 6>real cause of what happened with her.

0:45:13.600 --> 0:45:17.200
<v Speaker 5>That's gonna automatically vindicate me, that's automatically gonna rate me,

0:45:17.480 --> 0:45:20.200
<v Speaker 5>But it's gonna also bring closer to my family, my

0:45:20.320 --> 0:45:22.400
<v Speaker 5>child's mother's family, everybody.

0:45:22.440 --> 0:45:23.720
<v Speaker 6>You know what I'm saying, because it's gonna give.

0:45:23.600 --> 0:45:24.160
<v Speaker 7>Us the truth.

0:45:24.480 --> 0:45:26.120
<v Speaker 5>It's gonna let us know, it's gonna aswer the questions

0:45:26.160 --> 0:45:28.040
<v Speaker 5>that we all got. But at the end of the day,

0:45:28.040 --> 0:45:30.160
<v Speaker 5>it's about my daughter. It's about Jaden's like, it's all

0:45:30.160 --> 0:45:32.480
<v Speaker 5>about Jaded for her. Yeah, I want my freedom, Yeah

0:45:32.480 --> 0:45:35.200
<v Speaker 5>I desire my freedom, but knowing what happened with her,

0:45:35.480 --> 0:45:38.360
<v Speaker 5>getting the closure that our families need, and then finally

0:45:38.400 --> 0:45:39.799
<v Speaker 5>being able to get to a place where we can

0:45:39.880 --> 0:45:40.520
<v Speaker 5>move forward.

0:45:40.280 --> 0:45:42.600
<v Speaker 7>Because I never really ever even been able to heal

0:45:42.640 --> 0:45:42.920
<v Speaker 7>from me.

0:45:43.440 --> 0:45:47.160
<v Speaker 5>I never found clothes because not only did I suffer

0:45:47.160 --> 0:45:50.000
<v Speaker 5>to one of the deepest losses that anybody on this earth.

0:45:49.800 --> 0:45:51.479
<v Speaker 6>Can suffer is losing a child.

0:45:51.520 --> 0:45:54.080
<v Speaker 7>Not only did our experience thing and have to deal

0:45:54.120 --> 0:46:02.120
<v Speaker 7>with that, I gotta deal with sitting here every single day.

0:46:03.400 --> 0:46:06.279
<v Speaker 1>Thank you for listening to Wrongful Conviction. I'd like to

0:46:06.320 --> 0:46:10.040
<v Speaker 1>thank our production team Connor Hall, Jeff Cliburn, and Kevin Wardis,

0:46:10.200 --> 0:46:13.280
<v Speaker 1>with research by Lyla Robinson. The music in this production

0:46:13.400 --> 0:46:16.760
<v Speaker 1>was supplied by three time OSCAR nominated composer Jay Ralph.

0:46:16.920 --> 0:46:20.360
<v Speaker 1>Be sure to follow us on Instagram at Wrongful Conviction,

0:46:20.640 --> 0:46:24.359
<v Speaker 1>on Facebook at Wrongful Conviction podcast, and on Twitter at

0:46:24.400 --> 0:46:27.560
<v Speaker 1>wrong Conviction, as well as at Lava for Good. On

0:46:27.640 --> 0:46:30.640
<v Speaker 1>all three platforms, you can also follow me on both

0:46:30.680 --> 0:46:34.880
<v Speaker 1>TikTok and Instagram at It's Jason Flahm. Wrongful Conviction is

0:46:34.880 --> 0:46:37.600
<v Speaker 1>the production of Lava for Good Podcasts and association with

0:46:37.680 --> 0:46:41.200
<v Speaker 1>Signal Company Number one