1 00:00:01,320 --> 00:00:04,600 Speaker 1: In the early morning of April fifteenth, twenty eleven, Dwan 2 00:00:04,680 --> 00:00:07,360 Speaker 1: Taylor stole an iPod for an Oakland drug dealer named 3 00:00:07,440 --> 00:00:11,520 Speaker 1: c Two of his other customers, Patrick Smith and Robert Green, 4 00:00:11,640 --> 00:00:14,480 Speaker 1: gave Sea a ride in search of the iPod thief. 5 00:00:14,920 --> 00:00:17,920 Speaker 1: They spotted mister Taylor pulled up next to him, and 6 00:00:18,040 --> 00:00:21,680 Speaker 1: See proceeded to shoot and kill him Over this trivial slight. 7 00:00:22,360 --> 00:00:24,720 Speaker 1: Nearly a week would go by before Robert Green would 8 00:00:24,760 --> 00:00:27,920 Speaker 1: offer cops information and an uncertain description of the shooter. 9 00:00:28,360 --> 00:00:31,720 Speaker 1: A few weeks and several descriptions later, Green would claim 10 00:00:31,760 --> 00:00:34,600 Speaker 1: to have seen s wearing a red hat. A few 11 00:00:34,640 --> 00:00:37,920 Speaker 1: days after that, police would approach Pierre Rushing, a man 12 00:00:38,000 --> 00:00:40,479 Speaker 1: who had never been known as Sea, but wearing a 13 00:00:40,520 --> 00:00:44,480 Speaker 1: red hat. They'd bring Pierre's juvie photo and his name 14 00:00:44,560 --> 00:00:47,280 Speaker 1: to Robert Green, who went on to identify him as 15 00:00:47,280 --> 00:00:52,239 Speaker 1: the shooter, despite a solid alibi, no physical evidence whatsoever, 16 00:00:52,360 --> 00:00:58,000 Speaker 1: or anything to corroborate Robert Green's highly questionable identification. Pierre 17 00:00:58,080 --> 00:01:02,400 Speaker 1: Rushing's burgeoning rap career and promising future we're stolen by 18 00:01:02,520 --> 00:01:06,880 Speaker 1: Green and the criminal legal system. He's currently serving fifty 19 00:01:06,920 --> 00:01:09,759 Speaker 1: to life for a frivolous and tragic crime committed by 20 00:01:09,760 --> 00:01:13,240 Speaker 1: a drug dealer named C. Patrick. Smith has since signed 21 00:01:13,319 --> 00:01:17,000 Speaker 1: Affi Davis and testified to Pierre's innocence, and another of 22 00:01:17,080 --> 00:01:20,600 Speaker 1: C's customers that night has bravely set a legal name 23 00:01:20,640 --> 00:01:23,560 Speaker 1: to the culprit, and even though mister Rushing did not 24 00:01:23,800 --> 00:01:26,640 Speaker 1: name see, we have censored his name from this episode 25 00:01:26,800 --> 00:01:31,039 Speaker 1: for mister Rushing's safety. Meanwhile, the state of California continues 26 00:01:31,080 --> 00:01:34,920 Speaker 1: to ignore evidence of Pierre's actual innocence and to fight 27 00:01:35,280 --> 00:01:39,800 Speaker 1: his honest attempts to regain his freedom. This is Wrongful 28 00:01:39,800 --> 00:01:53,560 Speaker 1: Conviction with Jason Flamm. Welcome back to Wrongful Conviction with 29 00:01:53,640 --> 00:01:56,360 Speaker 1: Jason Flamm. That's me and today we're going to tell 30 00:01:56,400 --> 00:01:59,520 Speaker 1: you about the case of Pierre Rushing. We'll speak with 31 00:01:59,560 --> 00:02:02,120 Speaker 1: one of his post conviction attorney's, Marvin Lou as well 32 00:02:02,120 --> 00:02:05,440 Speaker 1: as taking a call from Kern Valley Correction in California 33 00:02:05,520 --> 00:02:10,000 Speaker 1: to hear from Pierre himself. This is Globaltallenge. You have 34 00:02:10,080 --> 00:02:13,280 Speaker 1: a free TOOD call from your MUSHA. 35 00:02:14,160 --> 00:02:17,640 Speaker 2: This call and your telephone number will be monitored and recorded. 36 00:02:17,840 --> 00:02:19,760 Speaker 3: To accept this call, sing. 37 00:02:19,800 --> 00:02:27,000 Speaker 1: Or dial five now. Thank you for using globaltal Link Hello, 38 00:02:27,120 --> 00:02:31,440 Speaker 1: good morning, Good morning. I'm glad you're here. I mean, 39 00:02:31,560 --> 00:02:34,160 Speaker 1: I'm sorry you're here under these circumstances, but I'm definitely 40 00:02:34,160 --> 00:02:36,600 Speaker 1: glad you're here. I know we have limited times, so 41 00:02:37,320 --> 00:02:39,760 Speaker 1: let's get right into it. Today's episode, we're going to 42 00:02:39,800 --> 00:02:41,520 Speaker 1: tell the story of the man we have on the 43 00:02:41,600 --> 00:02:45,600 Speaker 1: phone now, Pierre Rushing, who's serving fifty years. The Nightmare 44 00:02:45,639 --> 00:02:48,880 Speaker 1: starts on April fifteen, twenty eleven, at three forty five 45 00:02:48,919 --> 00:02:52,240 Speaker 1: am when there's a murder. But let's go back to 46 00:02:52,280 --> 00:02:55,240 Speaker 1: your childhood, because you had a difficult upbringing and you 47 00:02:55,280 --> 00:02:57,520 Speaker 1: were coming out of that and building a career in 48 00:02:57,600 --> 00:03:00,720 Speaker 1: music when it all went haywire in California. 49 00:03:00,880 --> 00:03:04,400 Speaker 3: My father was a assentee and then out of prison, 50 00:03:05,120 --> 00:03:08,120 Speaker 3: smart was addicted crack cocaine. So I don't want to 51 00:03:08,120 --> 00:03:11,160 Speaker 3: say like any other Oakland kids, but I mean a 52 00:03:10,720 --> 00:03:13,160 Speaker 3: lot of kids in the in the that grew up 53 00:03:13,160 --> 00:03:16,720 Speaker 3: in the nineties were just products of our environment. We 54 00:03:16,760 --> 00:03:19,600 Speaker 3: grew up looking at things that we believed to be right. 55 00:03:19,680 --> 00:03:21,440 Speaker 3: So we actually mature, we get to see that they 56 00:03:21,440 --> 00:03:22,320 Speaker 3: were really wrong. 57 00:03:22,639 --> 00:03:24,000 Speaker 1: And how did you get into music. 58 00:03:24,480 --> 00:03:27,560 Speaker 3: My auntie used to work for she Swet. Her name 59 00:03:27,600 --> 00:03:30,360 Speaker 3: was Tracy Rush and she since passed in twenty thirteen, 60 00:03:30,480 --> 00:03:33,799 Speaker 3: but just being around her, she took me un her wing, 61 00:03:34,000 --> 00:03:36,360 Speaker 3: just taking me to the studio with her as I 62 00:03:36,680 --> 00:03:38,400 Speaker 3: became addicted to you. 63 00:03:39,280 --> 00:03:42,360 Speaker 1: Is it fair to say by twenty eleven things were 64 00:03:42,400 --> 00:03:45,640 Speaker 1: starting to look up for you in terms of possibly 65 00:03:45,640 --> 00:03:46,440 Speaker 1: building a career. 66 00:03:46,520 --> 00:03:50,120 Speaker 3: And yeah, when I was arrested for this case, actually 67 00:03:50,320 --> 00:03:53,680 Speaker 3: friends of mine has said that the police were looking 68 00:03:53,720 --> 00:03:56,240 Speaker 3: for me for this time, and we all laughed about 69 00:03:56,240 --> 00:03:58,200 Speaker 3: it because everybody knew that I couldn't have done it. 70 00:03:58,280 --> 00:04:00,480 Speaker 3: I had been wrapping and going to the student sak 71 00:04:00,520 --> 00:04:04,240 Speaker 3: assist Is shooting videos. And actually when I was arrest 72 00:04:04,320 --> 00:04:06,560 Speaker 3: I was open up for Bay Area Ledge by the 73 00:04:06,600 --> 00:04:11,400 Speaker 3: name of surname Queen, and we had a big four 74 00:04:11,520 --> 00:04:15,839 Speaker 3: van with my patriots on and promoting my music and everything. So, yeah, 75 00:04:16,279 --> 00:04:17,200 Speaker 3: it was coming up for me. 76 00:04:17,320 --> 00:04:19,320 Speaker 1: Yeah, you were on exactly, You're on your way up. 77 00:04:19,360 --> 00:04:27,560 Speaker 1: And then everything went completely haywire. Now let's turn the 78 00:04:27,600 --> 00:04:31,760 Speaker 1: conversation to Marvin Lou. Marvin is a criminal defense attorney 79 00:04:31,839 --> 00:04:35,880 Speaker 1: of some repute, and he has been representing Pierre for 80 00:04:36,120 --> 00:04:39,520 Speaker 1: some time. Now, let's just paint a picture of what happened. 81 00:04:39,360 --> 00:04:42,880 Speaker 4: The date was April fifteenth, twenty eleven, and what happened 82 00:04:43,040 --> 00:04:45,960 Speaker 4: was two individuals by the name of Patrick Smith and 83 00:04:46,080 --> 00:04:49,760 Speaker 4: Robert Green. We're doing crack cocaine for the day and 84 00:04:49,800 --> 00:04:52,919 Speaker 4: a half leading up to this young man's killing, and 85 00:04:53,040 --> 00:04:56,600 Speaker 4: Patrick Smith and Robert Green went to an apartment in 86 00:04:56,640 --> 00:05:01,760 Speaker 4: Oakland to purchase more crack Cocaineatrick Smith was driving, Robert 87 00:05:01,880 --> 00:05:04,640 Speaker 4: Green stayed in the car while Patrick Smith went up 88 00:05:04,640 --> 00:05:09,240 Speaker 4: to the apartment to purchase more drugs. So Patrick Smith 89 00:05:09,360 --> 00:05:12,120 Speaker 4: meets up with his drug dealer. Patrick Smith knows him 90 00:05:12,160 --> 00:05:15,920 Speaker 4: as s the letter C who is the actual person 91 00:05:16,000 --> 00:05:20,600 Speaker 4: responsible for the murder of Dewane Taylor. While Patrick Smith 92 00:05:20,800 --> 00:05:23,800 Speaker 4: was in the apartment, there were several other people present, 93 00:05:24,240 --> 00:05:29,080 Speaker 4: and mister Taylor left the apartment Shortly after mister Taylor left. 94 00:05:29,279 --> 00:05:33,440 Speaker 4: Then sees iPod turned up missing and someone in the 95 00:05:33,520 --> 00:05:39,080 Speaker 4: apartment said that mister Taylor had taken sees iPod. What 96 00:05:39,200 --> 00:05:44,360 Speaker 4: happened next was Patrick Smith, the shooter, se and another 97 00:05:44,400 --> 00:05:47,159 Speaker 4: individual who was also charged as a co defendant named 98 00:05:47,160 --> 00:05:50,400 Speaker 4: Andre Morris. They all left the apartment and went and 99 00:05:50,440 --> 00:05:53,880 Speaker 4: got in Patrick Smith's car to go find mister Taylor, 100 00:05:53,920 --> 00:05:59,360 Speaker 4: who had allegedly taken sees iPod. Robert Green was waiting 101 00:05:59,400 --> 00:06:02,480 Speaker 4: in the carting in the front passenger seat. So pat 102 00:06:02,520 --> 00:06:06,480 Speaker 4: Smith drives around the corner. They see mister Taylor walking 103 00:06:06,520 --> 00:06:10,760 Speaker 4: down the street and see or Andre Morris. Pat Smith 104 00:06:10,880 --> 00:06:13,800 Speaker 4: wasn't sure which told him to stop the car. S 105 00:06:14,200 --> 00:06:17,720 Speaker 4: and Andre Morris got out of the car, confronted mister Taylor, 106 00:06:18,279 --> 00:06:21,640 Speaker 4: and see shot and killed mister Taylor on the sidewalk 107 00:06:21,920 --> 00:06:24,880 Speaker 4: in front of a fast food restaurant. They then got 108 00:06:24,920 --> 00:06:27,839 Speaker 4: back into the car. Pat Smith drove a short distance. 109 00:06:28,279 --> 00:06:30,920 Speaker 4: Both c and mister Morris got out of the car 110 00:06:30,960 --> 00:06:35,000 Speaker 4: and ran away. So that's the factual backdrop for this thing. 111 00:06:35,560 --> 00:06:38,280 Speaker 1: Follow along here because Pierre, who were on the phone 112 00:06:38,279 --> 00:06:40,880 Speaker 1: with now had no connection to viction, no knowledge of 113 00:06:40,920 --> 00:06:44,360 Speaker 1: the actual perpetrator, and he was at his grandmother's at 114 00:06:44,400 --> 00:06:47,440 Speaker 1: the time with a young lady named Lauren Richardson on 115 00:06:47,600 --> 00:06:50,520 Speaker 1: the time and date of the murder. Have you ever 116 00:06:50,560 --> 00:06:52,960 Speaker 1: had a nickname of ce before it? Never? 117 00:06:53,360 --> 00:06:56,440 Speaker 3: Never, I've always went by the name of stink Or. 118 00:06:56,640 --> 00:06:59,000 Speaker 3: People from my neighborhood used to call me Peace thanked 119 00:06:59,040 --> 00:07:02,840 Speaker 3: me for my first Mspierre have never never went by 120 00:07:02,880 --> 00:07:03,440 Speaker 3: the nam Sea. 121 00:07:04,240 --> 00:07:07,640 Speaker 1: So what happened. How did you end up getting wrong 122 00:07:07,720 --> 00:07:08,600 Speaker 1: with convicted here? 123 00:07:08,839 --> 00:07:11,000 Speaker 3: Well, one of the passes is Robert Green. He goes 124 00:07:11,040 --> 00:07:14,239 Speaker 3: to the police n five days after he allegedly sees 125 00:07:14,320 --> 00:07:16,760 Speaker 3: this crime, and he tells them that he's seen as 126 00:07:16,880 --> 00:07:20,720 Speaker 3: murdering a guy named see commissed this murder. He gives 127 00:07:20,760 --> 00:07:23,960 Speaker 3: the police multiple different descriptions. I believe his first description 128 00:07:24,120 --> 00:07:26,520 Speaker 3: is five a light skin, one hundred and twenty pounds. 129 00:07:26,560 --> 00:07:28,240 Speaker 3: I haven't been one hundred and twenty pounds since I 130 00:07:28,280 --> 00:07:30,760 Speaker 3: was eighteen years old, let alone at nineteen years old, 131 00:07:30,840 --> 00:07:33,880 Speaker 3: and I'm not light skin. The second time I sees 132 00:07:33,920 --> 00:07:37,160 Speaker 3: the police, he switches it up again. So allegedly he 133 00:07:37,200 --> 00:07:40,680 Speaker 3: says he sees seat on April thirties, which would have 134 00:07:40,680 --> 00:07:43,800 Speaker 3: been fifteen days after the crime, and he went back 135 00:07:43,840 --> 00:07:45,680 Speaker 3: to the police and said, you know what, I lied again. 136 00:07:46,040 --> 00:07:50,720 Speaker 3: I believe he was six foot two, brown skin, and 137 00:07:50,760 --> 00:07:53,240 Speaker 3: it had on red shirt and a red hat. I'm 138 00:07:53,240 --> 00:07:54,960 Speaker 3: not sure what kind of lineup they were showing me, 139 00:07:55,080 --> 00:07:57,960 Speaker 3: but he still couldn't identify who they believed to be seen. 140 00:07:58,920 --> 00:08:02,080 Speaker 3: The police seen an area that he said that he 141 00:08:02,400 --> 00:08:07,240 Speaker 3: had seen seeing. I believe it was May third, wearing 142 00:08:07,280 --> 00:08:09,400 Speaker 3: a red hat, and they stopped me. And when they 143 00:08:09,440 --> 00:08:11,200 Speaker 3: stopped me, they said, what is your name? I don't 144 00:08:11,200 --> 00:08:14,720 Speaker 3: lie to the police. Year Russian is my name. I say, hey, 145 00:08:14,760 --> 00:08:16,480 Speaker 3: we're looking for a guy and beat a guy up. 146 00:08:16,800 --> 00:08:18,920 Speaker 3: I haven't beaten the guy up. And then they leave 147 00:08:19,440 --> 00:08:22,840 Speaker 3: when they take that name back to I believe Robert Green, 148 00:08:22,880 --> 00:08:24,840 Speaker 3: who was at the police station and they shown my 149 00:08:24,960 --> 00:08:27,440 Speaker 3: picture four days after he's seen a guy with a 150 00:08:27,480 --> 00:08:29,600 Speaker 3: red hat. He said, you know what, he had asked Bessie, 151 00:08:30,120 --> 00:08:32,880 Speaker 3: And that's how the whole way of his spawned them 152 00:08:32,920 --> 00:08:34,800 Speaker 3: looking for a guy with a red had four days 153 00:08:34,840 --> 00:08:36,640 Speaker 3: after the Robert gif he's seen this. 154 00:08:36,640 --> 00:08:40,000 Speaker 1: Guy and a month after the crime. When they first 155 00:08:40,320 --> 00:08:42,760 Speaker 1: questioned you, they wanted to know what you were doing 156 00:08:42,800 --> 00:08:44,240 Speaker 1: on the day of the crime. But when they were 157 00:08:44,280 --> 00:08:47,320 Speaker 1: asking you this question, it was already five weeks later, right, 158 00:08:47,720 --> 00:08:50,680 Speaker 1: And this is a trick that they use. Sometimes you're like, 159 00:08:50,880 --> 00:08:53,600 Speaker 1: you're supposed to remember exactly, Like I don't ask anybody 160 00:08:53,640 --> 00:08:56,160 Speaker 1: in the audience right now, what were you doing. Let's 161 00:08:56,160 --> 00:08:59,040 Speaker 1: go back thirty five days from whatever day you're listening 162 00:08:59,080 --> 00:09:00,840 Speaker 1: to this. Tell me right now what you were doing 163 00:09:01,160 --> 00:09:03,120 Speaker 1: at a particular time on that day. And I'll give 164 00:09:03,120 --> 00:09:06,319 Speaker 1: you a dollar because that's impossible, but it is very 165 00:09:06,320 --> 00:09:09,680 Speaker 1: effective because then they can say you lied, because there's 166 00:09:09,679 --> 00:09:11,800 Speaker 1: no way anyone could possibly remember that unless it was 167 00:09:11,840 --> 00:09:15,000 Speaker 1: their birthday or some other like really important day. 168 00:09:15,120 --> 00:09:17,920 Speaker 3: Right April fifteenth, as he would have it is my 169 00:09:18,040 --> 00:09:21,720 Speaker 3: father's birthday. So without me even thinking, you say April fifteen, Hey, 170 00:09:21,720 --> 00:09:23,679 Speaker 3: there's nothing I was with my dad. I seen my 171 00:09:23,760 --> 00:09:27,440 Speaker 3: dad on his birthday, not one time at any trial 172 00:09:27,520 --> 00:09:30,360 Speaker 3: transcript police evidence toward these themery do they ever say 173 00:09:30,360 --> 00:09:33,640 Speaker 3: where were you three forty five a m. So if 174 00:09:33,640 --> 00:09:35,800 Speaker 3: they say no, you weren't with your dad. I also 175 00:09:35,880 --> 00:09:38,160 Speaker 3: remember that I had a traffic shot that day and 176 00:09:38,240 --> 00:09:40,560 Speaker 3: they went checked and it showed that I was on 177 00:09:40,559 --> 00:09:42,280 Speaker 3: the truth, but they said Noah, not at that time. 178 00:09:42,800 --> 00:09:45,440 Speaker 3: It took me, i believe my attorney, for about a 179 00:09:45,520 --> 00:09:47,800 Speaker 3: week to jog in my memory to figure out where 180 00:09:47,840 --> 00:09:50,840 Speaker 3: did I sleep at three forty five am that morning? 181 00:09:51,000 --> 00:09:53,199 Speaker 3: And I remembered it was my grandma. So I was 182 00:09:53,240 --> 00:09:55,520 Speaker 3: because my mom came to me that morning and said, 183 00:09:55,760 --> 00:09:57,720 Speaker 3: where are you going to get your dad for his birthday? 184 00:09:58,400 --> 00:09:59,839 Speaker 3: That's how I was able to put the piece of 185 00:09:59,880 --> 00:10:02,520 Speaker 3: it a pleasure together, but by that time it was trial, 186 00:10:03,120 --> 00:10:06,360 Speaker 3: so they looked at it as if, oh, this is 187 00:10:06,400 --> 00:10:09,120 Speaker 3: a third alibi. Well, no, I've given you everywhere I 188 00:10:09,200 --> 00:10:12,720 Speaker 3: went from April fifteenth, and so that's how they played it, 189 00:10:13,280 --> 00:10:15,600 Speaker 3: which is very nefarious because they see that I was 190 00:10:15,640 --> 00:10:17,960 Speaker 3: trying to tell them everything at. 191 00:10:17,840 --> 00:10:20,680 Speaker 1: The time that this crime was committed at three forty 192 00:10:20,679 --> 00:10:23,040 Speaker 1: five in the morning. Now we know what you were 193 00:10:23,080 --> 00:10:25,920 Speaker 1: doing when you were supposedly out shooting somebody who you 194 00:10:26,000 --> 00:10:28,480 Speaker 1: never knew and don't know and still don't know and 195 00:10:28,559 --> 00:10:29,120 Speaker 1: never will know. 196 00:10:29,520 --> 00:10:32,480 Speaker 3: Well, April fourteenth, I was shooting a video. If you 197 00:10:32,520 --> 00:10:34,319 Speaker 3: go on YouTube right now, the song was called Young 198 00:10:34,400 --> 00:10:38,079 Speaker 3: Stank Take a Trip. Lauren Richison was associate of the 199 00:10:38,360 --> 00:10:42,000 Speaker 3: camera man helped shoot the video. She was also my 200 00:10:42,080 --> 00:10:48,720 Speaker 3: girlfriend April fourteenth, going in table fifteen, she came to 201 00:10:48,760 --> 00:10:53,480 Speaker 3: my grandma, talked roughly about nine forty five rounds ten o'clock, 202 00:10:53,520 --> 00:10:56,280 Speaker 3: and we spend the night. We enjoy each other's company. 203 00:10:56,480 --> 00:10:59,040 Speaker 3: We deal with any other boys for their girlfriend. 204 00:11:02,160 --> 00:11:02,439 Speaker 1: Hello. 205 00:11:02,600 --> 00:11:06,040 Speaker 2: My name is Lauren Richardson. I am an Oakland resident 206 00:11:06,280 --> 00:11:11,160 Speaker 2: and current legal apprentice. I entered the field with a 207 00:11:11,160 --> 00:11:14,360 Speaker 2: lot of motivation from the tragic situation that happened with 208 00:11:14,480 --> 00:11:20,600 Speaker 2: Pierre Rushing. I originally was into video. On April fourteenth, 209 00:11:20,760 --> 00:11:23,760 Speaker 2: Pierre went to shoot a video. It's called take a Trip. 210 00:11:23,840 --> 00:11:27,240 Speaker 2: We were super excited because he has so much support 211 00:11:27,280 --> 00:11:30,240 Speaker 2: from our neighborhood. Everybody knew he was a great rapper, 212 00:11:30,600 --> 00:11:33,439 Speaker 2: so when he finally shot the video, we were super excited. 213 00:11:33,640 --> 00:11:36,160 Speaker 2: We went back to his grandmother's house afterwards just to 214 00:11:36,240 --> 00:11:40,680 Speaker 2: kind of recap, and we stayed up all night watching movies, laughing, 215 00:11:40,920 --> 00:11:43,840 Speaker 2: making plans for the future. We you know, did what 216 00:11:43,920 --> 00:11:47,120 Speaker 2: couples do late night, and I left early in the 217 00:11:47,120 --> 00:11:49,120 Speaker 2: morning because I had to take my son to school. 218 00:11:49,400 --> 00:11:53,960 Speaker 2: And it was some weeks after that he kind of disappeared, 219 00:11:54,800 --> 00:11:57,760 Speaker 2: you know, when somebody else found me and was like, 220 00:11:58,320 --> 00:12:02,800 Speaker 2: you know, he's in jail. I'm like what, because I 221 00:12:02,840 --> 00:12:05,439 Speaker 2: was kind of mad, you know I was. I thought 222 00:12:05,440 --> 00:12:09,360 Speaker 2: he ghosted me, to be honest, so it was no 223 00:12:09,480 --> 00:12:12,480 Speaker 2: way that he could have committed the crime. I have 224 00:12:12,720 --> 00:12:19,160 Speaker 2: never felt as powerless as I felt in this situation 225 00:12:19,640 --> 00:12:25,160 Speaker 2: to express reality and be believed, and you know, this 226 00:12:25,360 --> 00:12:28,439 Speaker 2: huge power structure for them to be able to create 227 00:12:28,480 --> 00:12:31,760 Speaker 2: a false reality, like even with the witness, the witness 228 00:12:31,800 --> 00:12:34,600 Speaker 2: is not a credible witness, nowhere near as credible as 229 00:12:34,640 --> 00:12:37,199 Speaker 2: I am, because I'm not going to go perjure myself. 230 00:12:37,240 --> 00:12:39,680 Speaker 2: I'm not going to risk my life to keep a 231 00:12:39,800 --> 00:12:42,600 Speaker 2: killer out of jail. So for me to go up 232 00:12:42,640 --> 00:12:45,160 Speaker 2: there in front of all of these people and for 233 00:12:45,200 --> 00:12:47,679 Speaker 2: them to not take my word for it when they 234 00:12:47,679 --> 00:12:50,319 Speaker 2: had no other evidence, it bothers me to this day. 235 00:12:50,679 --> 00:12:52,800 Speaker 2: It's a big part of the motivation for me to 236 00:12:52,840 --> 00:12:57,080 Speaker 2: go into this apprenticeship program because I want to learn 237 00:12:57,280 --> 00:13:00,000 Speaker 2: how to speak up for other people who can't speak 238 00:13:00,320 --> 00:13:02,880 Speaker 2: for themselves, because this has to stop. They ruined an 239 00:13:03,000 --> 00:13:03,640 Speaker 2: entire family. 240 00:13:08,280 --> 00:13:10,559 Speaker 1: The idea that we in this country can sent in 241 00:13:10,679 --> 00:13:14,600 Speaker 1: somebody like you, a promising young man with his life 242 00:13:14,600 --> 00:13:17,440 Speaker 1: ahead of him, to fifty years based on the testimony 243 00:13:17,480 --> 00:13:19,720 Speaker 1: of an admitted crackhead. It was up for two days 244 00:13:19,760 --> 00:13:23,600 Speaker 1: or changed the story four times, really should make everybody 245 00:13:23,679 --> 00:13:27,120 Speaker 1: a little scared. Yeah, can you tell us a little 246 00:13:27,120 --> 00:13:28,960 Speaker 1: bit about the trial itself. 247 00:13:29,280 --> 00:13:32,120 Speaker 3: The killing is on camera. When I heard they had 248 00:13:32,120 --> 00:13:34,440 Speaker 3: it on camera, I'm starting to kick my feet up 249 00:13:34,480 --> 00:13:36,559 Speaker 3: and just wait for the trial days because I'm like, 250 00:13:36,679 --> 00:13:39,440 Speaker 3: it's on camera. I'm going on. I never in a 251 00:13:39,480 --> 00:13:43,200 Speaker 3: million years imagined that the camera would be low quality 252 00:13:43,640 --> 00:13:46,720 Speaker 3: or you really can't see anything on the camera. You 253 00:13:46,760 --> 00:13:49,120 Speaker 3: see a vehicle pull up and it's just graining, so 254 00:13:49,200 --> 00:13:52,240 Speaker 3: you can't really see anything. And I remember my heart 255 00:13:52,360 --> 00:13:56,520 Speaker 3: just dropping because I knew that that was what was 256 00:13:56,520 --> 00:14:00,680 Speaker 3: supposed to exonerate me. They had no evidence, no cor 257 00:14:00,920 --> 00:14:04,080 Speaker 3: no no physical They have the murdered vehicle with twelve 258 00:14:04,080 --> 00:14:07,080 Speaker 3: fingerprints inside the car and said I got in and 259 00:14:07,080 --> 00:14:09,079 Speaker 3: out of that car four times. None of the fingerprints 260 00:14:09,080 --> 00:14:11,840 Speaker 3: mats made. One of the prosecution's witness was a lady 261 00:14:11,840 --> 00:14:14,040 Speaker 3: by the name of the Carli smith Orf. She witnessed 262 00:14:14,040 --> 00:14:16,440 Speaker 3: the crime her and pass men for best friends. She 263 00:14:16,520 --> 00:14:18,520 Speaker 3: had been in that car the week before when the 264 00:14:18,559 --> 00:14:22,080 Speaker 3: police forensic pathologists became to call on every twenty second 265 00:14:22,160 --> 00:14:24,640 Speaker 3: they found to call his fingerprints in that car. Therefore, 266 00:14:25,080 --> 00:14:27,840 Speaker 3: when she testified she hadn't been in the car seven 267 00:14:27,920 --> 00:14:30,360 Speaker 3: days prior to the killing, that means that the car 268 00:14:30,400 --> 00:14:32,480 Speaker 3: couldn't have possibly been wiped down. And if the car 269 00:14:32,600 --> 00:14:35,760 Speaker 3: wasn't wiped down, and you found twelve to fourteenth fingerprints 270 00:14:35,800 --> 00:14:39,240 Speaker 3: in that car. Per Robert Green's testimony, I got in 271 00:14:39,320 --> 00:14:41,160 Speaker 3: and out of that car four times, and I killed 272 00:14:41,160 --> 00:14:43,480 Speaker 3: this guy with no glove. Why an't wear my fingerprints 273 00:14:43,560 --> 00:14:46,840 Speaker 3: on the car? Second, if Robert Green is to believe, 274 00:14:47,520 --> 00:14:49,520 Speaker 3: why would you ever call me five day lights skin 275 00:14:49,600 --> 00:14:52,240 Speaker 3: one hundred and twenty pounds? Why would you ever change 276 00:14:52,240 --> 00:14:55,280 Speaker 3: it to five ten one hundred and sixty pounds. In 277 00:14:55,360 --> 00:14:57,800 Speaker 3: that preliminary hearing when the judge allowed me to leave 278 00:14:57,840 --> 00:14:59,880 Speaker 3: the car room, they brought Robert Green in. They said, 279 00:15:00,120 --> 00:15:02,560 Speaker 3: could you please describe to kill it? This guy switched 280 00:15:02,560 --> 00:15:05,520 Speaker 3: it up to six to two hundred and twenty pounds. 281 00:15:05,760 --> 00:15:08,240 Speaker 3: This guy's not to be believed. He was addicted to cracking. 282 00:15:08,280 --> 00:15:11,280 Speaker 3: Heroon said he had been up for two days off 283 00:15:11,320 --> 00:15:15,280 Speaker 3: cracking Airon. I had to be insially seven time failing. Third, 284 00:15:15,760 --> 00:15:18,280 Speaker 3: you have to call the smith another prosecutions with us. 285 00:15:18,680 --> 00:15:20,560 Speaker 3: I didn't see him. I don't know who that is. 286 00:15:21,200 --> 00:15:23,360 Speaker 1: Well, yeah, I mean our standard in this country is 287 00:15:23,360 --> 00:15:26,760 Speaker 1: supposed to be reasonable doubt and this goes way beyond 288 00:15:26,840 --> 00:15:27,600 Speaker 1: that standard. 289 00:15:27,920 --> 00:15:31,760 Speaker 3: I had hope that you know, I would be exaggerated. 290 00:15:31,240 --> 00:15:33,520 Speaker 1: And did you have proper representation? Now? 291 00:15:33,520 --> 00:15:35,480 Speaker 3: I went to a trial with a POS defender, and 292 00:15:35,520 --> 00:15:38,000 Speaker 3: I went speedy trial. I was arrested in May. I 293 00:15:38,120 --> 00:15:40,560 Speaker 3: was a convicted and all this, and the reason I 294 00:15:40,600 --> 00:15:42,880 Speaker 3: went speedy truck because I felt like I had nothing odd. 295 00:15:43,560 --> 00:15:45,720 Speaker 3: I didn't do it. So while when I wait where 296 00:15:45,720 --> 00:15:47,640 Speaker 3: I see in my counting people wait four or five 297 00:15:47,720 --> 00:15:49,760 Speaker 3: years to fight the case because they're trying to wait 298 00:15:49,760 --> 00:15:52,000 Speaker 3: for the better deal. The first day of trial, I 299 00:15:52,000 --> 00:15:55,200 Speaker 3: remember the judge saying something like, hey, I know the 300 00:15:55,280 --> 00:15:57,040 Speaker 3: DA is going to give you a deal. She looked 301 00:15:57,080 --> 00:15:59,040 Speaker 3: to your left, get a deal because I know that 302 00:15:59,120 --> 00:16:00,960 Speaker 3: he's going to give you one. And I just remember 303 00:16:01,000 --> 00:16:03,600 Speaker 3: shaking my head, no, no, no, because why would I 304 00:16:03,640 --> 00:16:06,160 Speaker 3: take time for something if I didn't do it. They 305 00:16:06,280 --> 00:16:08,840 Speaker 3: know I'm not seen, so they want to know if 306 00:16:08,880 --> 00:16:10,800 Speaker 3: what we call in the urban community, if I'm going 307 00:16:10,840 --> 00:16:13,680 Speaker 3: to snitch, I know a lot of seas. That's that's 308 00:16:13,720 --> 00:16:16,160 Speaker 3: the one for two. It's not my job to do 309 00:16:16,240 --> 00:16:19,120 Speaker 3: the police a job for them, you know. So if 310 00:16:19,120 --> 00:16:21,320 Speaker 3: I wasn't there, what do you expect me to do? 311 00:16:21,400 --> 00:16:22,840 Speaker 3: Or maybe it could have been this guy, Maybe it 312 00:16:22,880 --> 00:16:24,720 Speaker 3: could beat this guy. If I do that, I'm worse 313 00:16:24,840 --> 00:16:29,560 Speaker 3: than Robert Green because you were not there and they 314 00:16:29,680 --> 00:16:31,640 Speaker 3: know that and they feed off that. 315 00:16:32,200 --> 00:16:35,200 Speaker 1: Yeah, jailhouse snitches has just sort of become like standard 316 00:16:35,240 --> 00:16:36,240 Speaker 1: operating procedure. 317 00:16:36,520 --> 00:16:38,920 Speaker 3: Correct. It's a nightmare. It is a living nightmare. But 318 00:16:39,080 --> 00:16:40,960 Speaker 3: that was that was the summ of the trail. 319 00:16:41,600 --> 00:16:44,080 Speaker 1: Yeah, that is a nightmare scenario. So the jury goes 320 00:16:44,080 --> 00:16:47,280 Speaker 1: out when they came back in, what was that moment 321 00:16:47,560 --> 00:16:50,800 Speaker 1: like when they actually found guilty of a crime you 322 00:16:50,840 --> 00:16:51,400 Speaker 1: didn't commit. 323 00:16:52,680 --> 00:16:55,320 Speaker 3: When they came back with it, it was It was 324 00:16:55,440 --> 00:16:58,920 Speaker 3: weird because the whole trial, I had twenty to thirty 325 00:16:58,920 --> 00:17:05,159 Speaker 3: people every single day of my trial, friends from the neighborhood, family, girlfriend, associates. 326 00:17:05,640 --> 00:17:08,840 Speaker 3: But on that day, nobody was in the courtroom, not 327 00:17:08,880 --> 00:17:13,600 Speaker 3: even the victim's family, nobody from my family. That was 328 00:17:13,720 --> 00:17:16,440 Speaker 3: just like a sense of loneliness, assensan like me against 329 00:17:16,480 --> 00:17:18,439 Speaker 3: the world because you're sitting here convicted me for a 330 00:17:18,480 --> 00:17:21,879 Speaker 3: crime that I didn't commit, and I know that you 331 00:17:21,960 --> 00:17:24,359 Speaker 3: know I didn't commit this crime. And I couldn't even 332 00:17:24,359 --> 00:17:26,600 Speaker 3: look back to look in the eyes of my mother, 333 00:17:26,840 --> 00:17:29,000 Speaker 3: my father, and my grandmother, and I felt like that 334 00:17:29,160 --> 00:17:32,360 Speaker 3: was already said. I'm like, why wasn't even the victims 335 00:17:32,359 --> 00:17:35,679 Speaker 3: family like where was It was just it's a feeling 336 00:17:35,720 --> 00:17:36,879 Speaker 3: that I never want to feel again. 337 00:17:46,920 --> 00:17:50,320 Speaker 1: Marvin, take it back to how you first met Pierre, 338 00:17:50,400 --> 00:17:52,240 Speaker 1: or how you first became aware of his case and 339 00:17:52,280 --> 00:17:54,399 Speaker 1: why you chose to get involved in this case. You 340 00:17:54,440 --> 00:17:56,080 Speaker 1: must get hit with cases all the time. 341 00:17:56,240 --> 00:18:00,480 Speaker 4: I actually came to represent Pierre after a different attorney, 342 00:18:00,680 --> 00:18:04,480 Speaker 4: Stephen Bedrick, who was handling his direct appeal in state court, 343 00:18:05,000 --> 00:18:08,680 Speaker 4: also filed the habeas corpus petition in the California State 344 00:18:08,720 --> 00:18:09,440 Speaker 4: Court of Appeal. 345 00:18:09,560 --> 00:18:12,880 Speaker 1: What is a literal interpretation of habeas corpus? 346 00:18:13,240 --> 00:18:16,959 Speaker 4: Habeas corpus means to produce the body in Latin, and 347 00:18:17,000 --> 00:18:20,120 Speaker 4: what that means is that it's an allegation by us 348 00:18:20,240 --> 00:18:24,800 Speaker 4: that Pierre is being unlawfully incarcerated. And once I dug 349 00:18:24,800 --> 00:18:27,560 Speaker 4: into the case and reviewed the evidence in Pierre's case 350 00:18:27,720 --> 00:18:31,360 Speaker 4: and did some investigation of my own, that very much turned. 351 00:18:31,160 --> 00:18:33,399 Speaker 1: Out to be true. What went wrong here? 352 00:18:33,560 --> 00:18:36,280 Speaker 4: I think a number of things went wrong, but most critically, 353 00:18:36,760 --> 00:18:41,520 Speaker 4: there was evidence which could have exonerated Pierre which was 354 00:18:41,560 --> 00:18:44,760 Speaker 4: not introduced. The only witness in the case, Robert Green, 355 00:18:45,040 --> 00:18:49,439 Speaker 4: testified that Pierre was supposedly the person who committed this crime. 356 00:18:49,920 --> 00:18:52,159 Speaker 4: That is the only evidence in the case and in 357 00:18:52,200 --> 00:18:56,280 Speaker 4: the trial against Pierre. That witness testified that the person 358 00:18:56,320 --> 00:18:59,879 Speaker 4: who committed this crime was talking on his cell phone 359 00:19:00,359 --> 00:19:05,160 Speaker 4: mirror minutes before shooting the victim. In this case, Pierre's 360 00:19:05,200 --> 00:19:08,600 Speaker 4: phone records were available and that was part of the 361 00:19:08,640 --> 00:19:12,760 Speaker 4: habeas petition and got him a hearing subsequently, and those 362 00:19:12,800 --> 00:19:17,639 Speaker 4: phone records established conclusively that Pierre was not talking on 363 00:19:17,680 --> 00:19:20,840 Speaker 4: his cell phone at the time when the perpetrator was. 364 00:19:21,359 --> 00:19:25,600 Speaker 4: And if those records were introduced, I think that it 365 00:19:25,640 --> 00:19:28,560 Speaker 4: would be a pretty compelling piece of evidence to establish that, 366 00:19:28,680 --> 00:19:32,719 Speaker 4: in fact, Pierre is not the person responsible for this murder. 367 00:19:33,040 --> 00:19:35,400 Speaker 4: But they weren't introduced, The jury never heard of them. 368 00:19:35,760 --> 00:19:38,600 Speaker 1: What about the fingerprint stuff? How did they manage to 369 00:19:38,600 --> 00:19:41,800 Speaker 1: get around that? That seems like that could have been 370 00:19:42,000 --> 00:19:45,080 Speaker 1: enough on its own. How did he not leave his fingerprints? 371 00:19:45,080 --> 00:19:46,359 Speaker 1: Is he a ghost? Well? 372 00:19:46,440 --> 00:19:49,639 Speaker 4: The fingerprint evidence was introduced by way of a stipulation 373 00:19:50,119 --> 00:19:54,440 Speaker 4: or the evidence technician who actually gathered the latent fingerprints 374 00:19:54,480 --> 00:19:57,639 Speaker 4: from the car that was used in the homicide. That 375 00:19:57,680 --> 00:20:01,879 Speaker 4: witness did not testify. Rather, Pierre's trial attorney chose to 376 00:20:02,480 --> 00:20:05,119 Speaker 4: have that evidence admitted by way of an agreement with 377 00:20:05,160 --> 00:20:09,119 Speaker 4: the prosecutor simply the conclusion that Pierre's fingerprints were not 378 00:20:09,200 --> 00:20:12,520 Speaker 4: in fact recovered from that car and had that witness 379 00:20:12,520 --> 00:20:16,399 Speaker 4: been called, it would have led to another important piece 380 00:20:16,440 --> 00:20:19,119 Speaker 4: which was not introduced and not known to the jury. 381 00:20:19,560 --> 00:20:24,679 Speaker 4: That evidence technician also collected DNA from that car swabbed 382 00:20:24,800 --> 00:20:28,879 Speaker 4: all of the areas of that car where the killer 383 00:20:29,160 --> 00:20:34,119 Speaker 4: sat just before the murder occurred. In addition, there was 384 00:20:34,200 --> 00:20:38,959 Speaker 4: a cigarette but that was recovered from the floorboard of 385 00:20:39,000 --> 00:20:44,200 Speaker 4: that car, which was also swabbed for DNA. That DNA 386 00:20:44,320 --> 00:20:48,120 Speaker 4: evidence was not tested in time for Pierre's trial, and 387 00:20:48,440 --> 00:20:52,360 Speaker 4: that was also the subject of his subsequent Avias petition. 388 00:20:53,000 --> 00:20:57,399 Speaker 4: So what happened was after we obtained an evidentiary hearing 389 00:20:57,600 --> 00:21:01,480 Speaker 4: in state court to attempt to prove years innocence. As 390 00:21:01,480 --> 00:21:04,640 Speaker 4: I started reviewing the case materials, I realized that this 391 00:21:04,760 --> 00:21:08,600 Speaker 4: DNA evidence existed which would completely exonerate him, and no 392 00:21:08,640 --> 00:21:12,840 Speaker 4: one had tested it. So there's a procedure under California 393 00:21:12,920 --> 00:21:17,440 Speaker 4: law that allows the convicted individual to ask the court 394 00:21:17,560 --> 00:21:20,560 Speaker 4: to now have that evidence tested because it would prove 395 00:21:20,600 --> 00:21:24,480 Speaker 4: that he's innocent. The government opposed our efforts to have 396 00:21:24,600 --> 00:21:28,520 Speaker 4: that evidence tested, and ultimately the judge in this case 397 00:21:29,040 --> 00:21:32,280 Speaker 4: refused to allow us to test that evidence. I then 398 00:21:32,359 --> 00:21:36,119 Speaker 4: appealed that refusal and the Court of Appeal refused to 399 00:21:36,240 --> 00:21:39,440 Speaker 4: allow us to test that evidence. Why is it that 400 00:21:39,520 --> 00:21:42,560 Speaker 4: they wouldn't want to have the DNA evidence in the 401 00:21:42,600 --> 00:21:45,640 Speaker 4: case tested if they're so confident that, in fact he's 402 00:21:45,680 --> 00:21:46,440 Speaker 4: the perpetrator. 403 00:21:46,760 --> 00:21:49,720 Speaker 1: I never can understand in any case, especially in a 404 00:21:49,760 --> 00:21:52,240 Speaker 1: case as serious as this one, a murray case, why 405 00:21:52,280 --> 00:21:57,239 Speaker 1: they wouldn't want to have every stone turned over and 406 00:21:57,320 --> 00:21:59,680 Speaker 1: have every piece of evidence tested so that they can 407 00:21:59,720 --> 00:22:02,560 Speaker 1: find out not only that in this case, Pierre didn't 408 00:22:02,560 --> 00:22:04,359 Speaker 1: do it, but they could find out who actually did. 409 00:22:05,000 --> 00:22:10,040 Speaker 1: Marvin Yolanda Washington and Patrick Smith are pivotal players in 410 00:22:10,119 --> 00:22:14,040 Speaker 1: this whole wrongful conviction. Can you explain their role in 411 00:22:14,480 --> 00:22:16,920 Speaker 1: what went wrong here? Sure? 412 00:22:17,240 --> 00:22:20,760 Speaker 4: Of course Pat Smith was a charged co defendant in 413 00:22:20,800 --> 00:22:23,520 Speaker 4: the case at the time of Pierre's trial, so he 414 00:22:23,560 --> 00:22:25,640 Speaker 4: did not testify at the trial. He had his fifth 415 00:22:25,640 --> 00:22:29,320 Speaker 4: Amendment right. But after Pierre's trial was long over and 416 00:22:29,400 --> 00:22:32,720 Speaker 4: after Patrick Smith resolved his part of the case for 417 00:22:32,920 --> 00:22:36,960 Speaker 4: accessory after the fact, he then signed an affidavid which 418 00:22:37,000 --> 00:22:41,040 Speaker 4: helped Pierre get an evidentiary hearing. He indicated both in 419 00:22:41,119 --> 00:22:43,720 Speaker 4: his affidavit as well as in his testimony at the 420 00:22:43,760 --> 00:22:48,000 Speaker 4: evidentiary hearing that his drug dealer is a man who 421 00:22:48,000 --> 00:22:51,919 Speaker 4: goes by the name of C. And that individual was 422 00:22:51,960 --> 00:22:55,760 Speaker 4: not Pierre Rushing. Pat Smith at the hearing refused to 423 00:22:55,920 --> 00:22:59,439 Speaker 4: name that individual because he was afraid for his life. 424 00:23:00,200 --> 00:23:03,280 Speaker 4: One of the people who was in that apartment was 425 00:23:03,280 --> 00:23:06,439 Speaker 4: a woman by the name of Yolanda Washington, and she 426 00:23:06,680 --> 00:23:10,480 Speaker 4: also did not testify a trial, but after Pierre was convicted, 427 00:23:10,960 --> 00:23:15,320 Speaker 4: she signed an affidavid under penalty of perjury indicating that she, 428 00:23:15,520 --> 00:23:19,040 Speaker 4: of course, having been in that apartment, knew who C was. 429 00:23:19,080 --> 00:23:22,760 Speaker 4: She obviously knew who Andre Morris was, and what she 430 00:23:22,880 --> 00:23:26,639 Speaker 4: said in her affid David was that Pierre Rushing is 431 00:23:26,760 --> 00:23:29,960 Speaker 4: not the drug dealer who shot and killed mister Taylor. 432 00:23:30,400 --> 00:23:34,520 Speaker 4: Pierre Rushing is not C. But that's not all. Indeed, 433 00:23:34,600 --> 00:23:38,720 Speaker 4: Yolanda Washington went so far as to identify who that 434 00:23:38,760 --> 00:23:42,199 Speaker 4: person was. Now, before we get into this, let me 435 00:23:42,240 --> 00:23:46,080 Speaker 4: make one thing clear, which is that Pierre does not 436 00:23:46,400 --> 00:23:51,600 Speaker 4: know the identity of the perpetrator of this homicide. Yolanda Washington, 437 00:23:51,760 --> 00:23:55,080 Speaker 4: in her Affidavid, did name that individual who goes by 438 00:23:55,119 --> 00:23:59,159 Speaker 4: the nickname C. In fact, his first name is his 439 00:23:59,280 --> 00:24:03,760 Speaker 4: name is and of course it would make perfect sense 440 00:24:03,880 --> 00:24:06,159 Speaker 4: that he would go by the nickname Se because his 441 00:24:06,280 --> 00:24:10,040 Speaker 4: name is Pierre Rushing does not have a Sea in 442 00:24:10,119 --> 00:24:14,640 Speaker 4: his name, and she has never been Pierre's nickname. Because 443 00:24:14,880 --> 00:24:18,960 Speaker 4: Pierre is not the person responsible for this killing. That 444 00:24:19,240 --> 00:24:22,760 Speaker 4: affidavit was part of what enabled Pierre to get a 445 00:24:22,800 --> 00:24:27,640 Speaker 4: hearing in superior court. Unfortunately, Miss Washington was a homeless 446 00:24:27,680 --> 00:24:32,280 Speaker 4: individual at that time, and my investigator was essentially unable 447 00:24:32,400 --> 00:24:35,359 Speaker 4: to locate her to get her to testify in court. 448 00:24:35,920 --> 00:24:39,680 Speaker 4: So I filed a motion essentially asking that her affidavit 449 00:24:39,760 --> 00:24:44,280 Speaker 4: be considered because she was unavailable, and that request was denied. 450 00:24:45,880 --> 00:24:51,800 Speaker 1: Wow, it's pretty courageous, even after the fact that these 451 00:24:51,880 --> 00:24:55,320 Speaker 1: two people both were willing to put their own lives 452 00:24:55,320 --> 00:24:59,359 Speaker 1: at risk to identify someone who they know is a killer. 453 00:24:59,560 --> 00:25:03,800 Speaker 1: And I think that speaks volumes to the veracity of 454 00:25:03,840 --> 00:25:06,359 Speaker 1: their statements. 455 00:25:08,760 --> 00:25:11,920 Speaker 3: For me growing up. And I don't mean to say 456 00:25:11,920 --> 00:25:13,800 Speaker 3: it like this because of the social climate that we 457 00:25:13,840 --> 00:25:15,359 Speaker 3: have one on in the United States right now, but 458 00:25:15,480 --> 00:25:17,560 Speaker 3: growing up, I voice so like it's been Dominus. So 459 00:25:18,000 --> 00:25:20,000 Speaker 3: not because I grow up in Hayden the police, but 460 00:25:20,040 --> 00:25:23,840 Speaker 3: I just watch how they need those that look likely. 461 00:25:25,080 --> 00:25:26,919 Speaker 3: Here it is we're talking about a guy gives a 462 00:25:26,920 --> 00:25:30,440 Speaker 3: description on April thirties of a red hat and you 463 00:25:30,560 --> 00:25:32,360 Speaker 3: see me on the dirt and say, well, hey, that's 464 00:25:32,359 --> 00:25:34,640 Speaker 3: a guy wearing a red hat. Let me stop him. 465 00:25:35,040 --> 00:25:37,320 Speaker 3: And now my whole life is his spending in a 466 00:25:37,440 --> 00:25:41,399 Speaker 3: Sparta with not a shread of physical evidence links me 467 00:25:41,480 --> 00:25:43,399 Speaker 3: to this crime. And if it could happen to me, 468 00:25:44,320 --> 00:25:45,480 Speaker 3: it can't happen to anybody. 469 00:25:46,480 --> 00:25:48,360 Speaker 1: Yeah, and I'm glad you brought that up. I mean, 470 00:25:48,480 --> 00:25:51,480 Speaker 1: we you know, every day there's more information coming out, 471 00:25:51,520 --> 00:25:53,560 Speaker 1: and I'm grateful that the public is starting to have 472 00:25:53,880 --> 00:25:57,320 Speaker 1: really heightened awareness to the fact that black people, it's 473 00:25:57,359 --> 00:26:00,000 Speaker 1: just put it right out there, are so much more 474 00:26:00,040 --> 00:26:04,240 Speaker 1: are likely to be victimized by not just police brutality, 475 00:26:04,280 --> 00:26:09,080 Speaker 1: but by wrongful convictions, by wrongful prosecutions, being forced into 476 00:26:09,119 --> 00:26:12,160 Speaker 1: taking plea bargains to things they didn't do. The whole 477 00:26:12,200 --> 00:26:16,639 Speaker 1: system is stacked wrongful convictions, though, do happen to people 478 00:26:16,640 --> 00:26:21,120 Speaker 1: from all races, all nationalities, all different creeds, all different religions. 479 00:26:21,160 --> 00:26:23,359 Speaker 1: I mean, we've had people on the show from every 480 00:26:23,400 --> 00:26:24,439 Speaker 1: walk of life. 481 00:26:24,480 --> 00:26:27,600 Speaker 3: I mean, you can take the case of Mayan Ferguson 482 00:26:28,119 --> 00:26:30,919 Speaker 3: in a two thousand and one Columbus, Missouri killing. He 483 00:26:31,000 --> 00:26:33,000 Speaker 3: was wrongfully convicted, and he's a white man, you know 484 00:26:33,040 --> 00:26:37,119 Speaker 3: what I mean. Like, wrathful convictions don't have a skin color. 485 00:26:37,280 --> 00:26:41,040 Speaker 3: I mean, it's usually what I'm going through. I witness misidentification, 486 00:26:41,800 --> 00:26:46,679 Speaker 3: i'm valid, forensic science, false confessions, police or prosecutor misconduct. 487 00:26:46,720 --> 00:26:49,800 Speaker 3: This is a slew of things on why wrongful convictions happened. 488 00:26:49,960 --> 00:26:51,840 Speaker 1: Then there's just laziness too. It's like, oh, we got 489 00:26:51,880 --> 00:26:53,560 Speaker 1: a guy with a red hat, good enough, you know 490 00:26:53,560 --> 00:26:56,720 Speaker 1: what I mean? Yeah, But the idea that the justice 491 00:26:56,720 --> 00:26:59,200 Speaker 1: system at every level, now we see it on video 492 00:26:59,280 --> 00:27:04,560 Speaker 1: of how the system treats people like yourself, like George Floyd, 493 00:27:04,640 --> 00:27:09,080 Speaker 1: like so many others, as expendable, disposable, and yet I mean, 494 00:27:09,080 --> 00:27:11,840 Speaker 1: there are very very real consequences. That's why we're on 495 00:27:11,880 --> 00:27:14,000 Speaker 1: the phone with you from prison now, or you and 496 00:27:14,040 --> 00:27:26,800 Speaker 1: I might be working together on a record instead of Pierre. 497 00:27:27,040 --> 00:27:30,919 Speaker 1: What would you want people to know about you and 498 00:27:30,960 --> 00:27:33,000 Speaker 1: what would you want them to do if you could 499 00:27:33,080 --> 00:27:35,000 Speaker 1: give them an action step. 500 00:27:35,880 --> 00:27:37,240 Speaker 3: I would want them to know that I could be 501 00:27:37,280 --> 00:27:40,840 Speaker 3: your son, I could be your brother, I could be 502 00:27:40,880 --> 00:27:42,760 Speaker 3: your nephew, I could be your cousin. I could be 503 00:27:42,800 --> 00:27:49,760 Speaker 3: your friend. I'm innocent. If you have any doubt in 504 00:27:49,800 --> 00:27:53,240 Speaker 3: my innocence, I would actually just think on these key points. 505 00:27:54,200 --> 00:27:57,960 Speaker 3: If I wasn't innocent, guilty person would push for DNA 506 00:27:58,080 --> 00:28:00,760 Speaker 3: testing up the materials that we saw out the vehicle. 507 00:28:02,160 --> 00:28:04,760 Speaker 3: If I wasn't innocent, what guilty man would push for 508 00:28:04,800 --> 00:28:09,120 Speaker 3: the enhancement of the of the video if I wasn't innocent, 509 00:28:09,400 --> 00:28:12,120 Speaker 3: or man, I'm going to push for the phone records. 510 00:28:13,359 --> 00:28:16,639 Speaker 3: I'm innocent. I didn't commit this crime. I have nothing 511 00:28:16,680 --> 00:28:21,320 Speaker 3: to do with this crime. I would ask that you 512 00:28:21,359 --> 00:28:24,560 Speaker 3: just look inside of art and find the empathy and 513 00:28:24,600 --> 00:28:28,359 Speaker 3: the compassion to sign a petition that my family is 514 00:28:28,359 --> 00:28:31,480 Speaker 3: an organized justice for peer Russian that change dot org, 515 00:28:32,480 --> 00:28:34,920 Speaker 3: and I would ask that you stand up, that you 516 00:28:34,960 --> 00:28:38,640 Speaker 3: would reach out to their local authorities, their local police department, 517 00:28:38,840 --> 00:28:42,480 Speaker 3: concrist legislation is trying to try to make change. 518 00:28:42,640 --> 00:28:46,720 Speaker 1: So again, that's justice for Pierre rushing on Change dot org. 519 00:28:46,880 --> 00:28:48,880 Speaker 1: Is the petition. We'll also have a link in this 520 00:28:49,000 --> 00:28:53,280 Speaker 1: episode description so you can sign the petition there. Please 521 00:28:53,400 --> 00:28:56,360 Speaker 1: everyone go and sign it. I already did. I hope 522 00:28:56,360 --> 00:29:00,280 Speaker 1: you'll join me and let's bring him home. And now well, 523 00:29:00,440 --> 00:29:04,040 Speaker 1: I want to introduce what our listeners have come to 524 00:29:04,120 --> 00:29:05,920 Speaker 1: know is my favorite part of the show, and I 525 00:29:05,920 --> 00:29:07,840 Speaker 1: think a lot for a lot of them, it's true too. 526 00:29:09,200 --> 00:29:10,960 Speaker 1: This is a part of the show where first of all, 527 00:29:10,960 --> 00:29:14,880 Speaker 1: I thank you for being on the show and sharing 528 00:29:14,920 --> 00:29:17,440 Speaker 1: your experience. Hopefully it will make a difference in the 529 00:29:17,480 --> 00:29:21,480 Speaker 1: lives of others and a difference in your case as well. 530 00:29:21,680 --> 00:29:24,280 Speaker 1: So thank you again, Pierre for being here. And now 531 00:29:24,280 --> 00:29:26,600 Speaker 1: I'm going to kick back in my chair, turn my 532 00:29:26,720 --> 00:29:30,600 Speaker 1: microphone off and just basically shut up and listen. So 533 00:29:31,400 --> 00:29:34,120 Speaker 1: closing arguments, we're going to go first to Marvin lou 534 00:29:34,400 --> 00:29:35,800 Speaker 1: and then we're going to hear from Pierre. 535 00:29:36,560 --> 00:29:40,400 Speaker 4: What has happened to Pierre is a systemic failure. These 536 00:29:40,600 --> 00:29:44,520 Speaker 4: are problems which are built into the legal system that 537 00:29:44,960 --> 00:29:48,520 Speaker 4: need to be fixed on the systemic level, you know, 538 00:29:48,560 --> 00:29:52,680 Speaker 4: in terms of next steps, you know. Fortunately, Pierre continues 539 00:29:52,720 --> 00:29:56,480 Speaker 4: to be represented by Bob Bellis in his ongoing federal 540 00:29:56,480 --> 00:29:59,400 Speaker 4: habeas matter, and I wish them the best and I 541 00:29:59,440 --> 00:30:03,160 Speaker 4: hope that ultimately, through the legal system, they're able to 542 00:30:03,200 --> 00:30:07,200 Speaker 4: generate some relief and review for Pierre. But what I 543 00:30:07,240 --> 00:30:11,200 Speaker 4: will say is that in light of the failures of 544 00:30:11,240 --> 00:30:15,120 Speaker 4: the system relating to Pierre over and over again. What 545 00:30:15,160 --> 00:30:19,080 Speaker 4: I would say is that this venue is an opportunity 546 00:30:19,480 --> 00:30:23,160 Speaker 4: to go outside of and beyond the legal system to 547 00:30:23,480 --> 00:30:27,680 Speaker 4: attempt to find a way to free Pierre from this 548 00:30:27,800 --> 00:30:31,560 Speaker 4: wrongful conviction. And one of the things that can be 549 00:30:31,680 --> 00:30:35,280 Speaker 4: done outside of the legal system is to put pressure 550 00:30:35,400 --> 00:30:40,040 Speaker 4: on the government to either test that DNA evidence or 551 00:30:40,440 --> 00:30:44,000 Speaker 4: provide it to Pierre's attorneys so that they can test 552 00:30:44,040 --> 00:30:47,560 Speaker 4: it for him. Even though they have resisted that and 553 00:30:47,720 --> 00:30:52,760 Speaker 4: actively opposed that throughout these proceedings, nonetheless they retain the 554 00:30:52,840 --> 00:30:56,320 Speaker 4: power to change their minds and agree, and they are 555 00:30:56,680 --> 00:31:00,800 Speaker 4: the Alameda County District Attorney's Office and the California Attorney 556 00:31:00,800 --> 00:31:04,960 Speaker 4: General's office. So whether they're forced to do that through 557 00:31:05,080 --> 00:31:08,440 Speaker 4: some legal proceeding or whether they agree to do that 558 00:31:08,520 --> 00:31:12,480 Speaker 4: by virtue of public and political pressure, that is something 559 00:31:12,560 --> 00:31:15,959 Speaker 4: that can be done and that they continue to have 560 00:31:16,040 --> 00:31:16,680 Speaker 4: the power to do. 561 00:31:17,200 --> 00:31:20,160 Speaker 1: Pierre. The mic is yours for closing arguments. 562 00:31:20,360 --> 00:31:23,800 Speaker 3: Thank you. I would like to first off saying thank 563 00:31:23,840 --> 00:31:26,720 Speaker 3: you on behalf of me in behalf of my family 564 00:31:26,760 --> 00:31:29,320 Speaker 3: to a few people, first, starting with you, Jason Flamfer, 565 00:31:29,720 --> 00:31:32,440 Speaker 3: You creating this platform that is reaching millions and millions 566 00:31:32,480 --> 00:31:36,000 Speaker 3: of people right now. We're living in an a climate 567 00:31:36,080 --> 00:31:38,000 Speaker 3: where a lot of people are making it a black 568 00:31:38,040 --> 00:31:41,240 Speaker 3: and a white issue right now. Yes, black lives do matter, 569 00:31:41,280 --> 00:31:43,600 Speaker 3: but it's not a black and a white issue because 570 00:31:43,600 --> 00:31:46,520 Speaker 3: they have a lot of people that are of Caucasian 571 00:31:46,560 --> 00:31:48,960 Speaker 3: race that are standing up, and you are are one 572 00:31:48,960 --> 00:31:51,480 Speaker 3: of us. So I thank you. I thank Marvin Loewell 573 00:31:51,480 --> 00:31:54,840 Speaker 3: for fighting and championing my innocence. I like to thank 574 00:31:54,880 --> 00:31:57,680 Speaker 3: glri An Saudi. I like to thank Josh Wendle for 575 00:31:57,720 --> 00:31:59,760 Speaker 3: helping my family out. And I'd also like to thank 576 00:32:00,040 --> 00:32:02,840 Speaker 3: Okay and what she's doing for justice reform. And I'd 577 00:32:02,880 --> 00:32:05,640 Speaker 3: like to thank the Innocence Project and those that are 578 00:32:05,800 --> 00:32:09,840 Speaker 3: are standing enough for these carvers. And finally, I like 579 00:32:09,960 --> 00:32:12,360 Speaker 3: to just also thank my father. They tried to make 580 00:32:12,400 --> 00:32:14,560 Speaker 3: my father and try to transfer to look like a 581 00:32:14,640 --> 00:32:18,360 Speaker 3: guy who was trying to persuade witnesses. You know, in 582 00:32:18,400 --> 00:32:21,560 Speaker 3: twenty fifteen, the driver of this case, Patrick Smith, came 583 00:32:21,600 --> 00:32:24,040 Speaker 3: and he said, you know, I took them guys to 584 00:32:24,080 --> 00:32:26,080 Speaker 3: do that stuff, and I was a part of that. 585 00:32:26,200 --> 00:32:29,840 Speaker 3: And I can't live with myself knowing that a man 586 00:32:29,960 --> 00:32:33,240 Speaker 3: is doing life for something that I did, he's not 587 00:32:33,400 --> 00:32:35,400 Speaker 3: the guy. And when they asked him, why are you 588 00:32:35,440 --> 00:32:37,520 Speaker 3: coming forward now, he said because his father reached out 589 00:32:37,560 --> 00:32:40,000 Speaker 3: to me. And they tried to make my father look 590 00:32:40,120 --> 00:32:41,960 Speaker 3: like like like he was persuading, when all he was 591 00:32:41,960 --> 00:32:44,960 Speaker 3: doing was fighting for his son. What was you done 592 00:32:44,960 --> 00:32:46,560 Speaker 3: if your son was arrested to some mean and do 593 00:32:46,600 --> 00:32:49,840 Speaker 3: you would fight for him? So you know they're gonna 594 00:32:49,840 --> 00:32:52,120 Speaker 3: throw smoking mirrors and try to make it seem like 595 00:32:52,160 --> 00:32:53,840 Speaker 3: this and try to make it seem like that. I 596 00:32:53,880 --> 00:32:56,240 Speaker 3: don't care about the smoking mirror. I care about the facts, 597 00:32:56,400 --> 00:32:59,000 Speaker 3: and the fact is I didn't commit to come. With 598 00:32:59,040 --> 00:33:01,360 Speaker 3: that being said, you know, it's a lot going on 599 00:33:01,440 --> 00:33:03,320 Speaker 3: right now, So I just ask for people to just 600 00:33:03,920 --> 00:33:06,840 Speaker 3: educate yourselves on these type of situations. They could happen 601 00:33:06,880 --> 00:33:09,840 Speaker 3: to anybody here. I was rapping, so I was attending 602 00:33:09,880 --> 00:33:12,800 Speaker 3: the landing in Marry College. I didn't do too good. 603 00:33:12,800 --> 00:33:15,600 Speaker 3: I ended up dropping out, but I tried. You know, 604 00:33:15,640 --> 00:33:16,959 Speaker 3: I don't know a lot of people that come from 605 00:33:16,960 --> 00:33:19,200 Speaker 3: where I come from not even try to go to college, 606 00:33:19,240 --> 00:33:22,520 Speaker 3: let alone do it while they're doing music. I was 607 00:33:22,720 --> 00:33:24,560 Speaker 3: trying to make a change in my life. I didn't 608 00:33:24,720 --> 00:33:27,040 Speaker 3: grow up squeaky clean I'd be the first one to 609 00:33:27,080 --> 00:33:29,160 Speaker 3: tell you, like I told anybody, I've had a check pass. 610 00:33:29,320 --> 00:33:31,440 Speaker 3: That doesn't define me, that doesn't make me a killer, 611 00:33:31,640 --> 00:33:33,960 Speaker 3: that doesn't make me anything but a man that grew 612 00:33:34,040 --> 00:33:37,560 Speaker 3: up looking at something that's wrong believing that it was right. 613 00:33:38,280 --> 00:33:42,520 Speaker 3: There is no physical, forensic evidence that links me to 614 00:33:42,560 --> 00:33:46,040 Speaker 3: this crime. So if you need any reason to fight 615 00:33:46,080 --> 00:33:48,440 Speaker 3: for this cause, just look inside the case. Pull the 616 00:33:48,520 --> 00:33:51,400 Speaker 3: case up. You're going to see listen is an atrocity 617 00:33:51,400 --> 00:33:55,840 Speaker 3: and it could happen to anybody, anybody. They say in 618 00:33:55,880 --> 00:33:59,920 Speaker 3: the Wikipedia two point three million prisoners, like one hundred 619 00:34:00,160 --> 00:34:06,520 Speaker 3: twenty Thollan wrowfully convicted people in prison. Something is wrong 620 00:34:06,600 --> 00:34:10,600 Speaker 3: with that. Likely there's something farribly wrong with that. 621 00:34:17,200 --> 00:34:19,839 Speaker 1: Don't forget to give us a fantastic review wherever you 622 00:34:19,880 --> 00:34:23,560 Speaker 1: get your podcasts. It really helps. And I'm a proud 623 00:34:23,600 --> 00:34:26,160 Speaker 1: donor to the Innocence Project, and I really hope you'll 624 00:34:26,239 --> 00:34:29,640 Speaker 1: join me in supporting this very important cause and helping 625 00:34:29,760 --> 00:34:33,680 Speaker 1: to prevent future wrongful convictions. Go to Innocenceproject dot org 626 00:34:33,800 --> 00:34:36,560 Speaker 1: to learn how to donate and get involved. I'd like 627 00:34:36,640 --> 00:34:39,600 Speaker 1: to thank our production team, Connor Hall and Kevin Wartis 628 00:34:39,920 --> 00:34:42,200 Speaker 1: the music in The show is by three time OSCAR 629 00:34:42,239 --> 00:34:45,279 Speaker 1: nominated composer Jay Ralph. Be sure to follow us on 630 00:34:45,320 --> 00:34:50,120 Speaker 1: Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast. 631 00:34:50,480 --> 00:34:53,560 Speaker 1: Wrongful Conviction with Jason Flamm is a production of Lava 632 00:34:53,560 --> 00:34:57,160 Speaker 1: for Good Podcasts and association with Signal Company Number One. 633 00:35:00,080 --> 00:35:01,560 Speaker 2: The Woman That Was Made