WEBVTT - #554 Lauren Bright Pacheco with Pablo Velez

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<v Speaker 1>At two a m. On July fifteenth, two thousand four,

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<v Speaker 1>a Houston pool hall emptied into its parking lot along

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<v Speaker 1>with a young man named Jason Wooey and nineteen year

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<v Speaker 1>old Adrian Pion was waiting outside to settle a score,

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<v Speaker 1>but Pion and two friends only brought fists to a gunfight.

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<v Speaker 1>Jason Wooley began to fire, as did two others who

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<v Speaker 1>emerged near a gold Cadillac. Pion was wounded, while seventeen

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<v Speaker 1>year old Emerson Boyorkeez, was fatally shot. Woolley and the

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<v Speaker 1>other two assailants sped away in the Cadillac while witnesses

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<v Speaker 1>jotted down the plate number, which led to the name

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<v Speaker 1>on the registration twenty three year old Pablo Vallese, a

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<v Speaker 1>trucker whose hobby of fixing up and reselling cars ultimately

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<v Speaker 1>earned him thirty to life. This is wrongful conviction. The

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<v Speaker 1>Fox Foundation is proud to support this episode of wrongful

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<v Speaker 1>conviction and the work of After Innocence, a nonprofit that

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<v Speaker 1>helps hundreds of people nationwide rebuild their lives after wrongful incarceration.

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<v Speaker 1>Each year, innocent people are released after spending years behind

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<v Speaker 1>bars for crimes they didn't commit. Nearly all of them

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<v Speaker 1>leave prison with nothing more than the clothes on their backs,

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<v Speaker 1>with no help or compensation from the state, as they

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<v Speaker 1>face the steep challenges of rebuilding their lives after wrongful imprisonment.

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<v Speaker 1>After Innocence is changing that After Innocence helps exoneries get

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<v Speaker 1>and make good use of essential services like health care,

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<v Speaker 1>dental care, mental health support, legal aid, financial counseling, and more.

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<v Speaker 1>Since twenty sixteen, they've brought that help to more than

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<v Speaker 1>eight hundred exoneries across forty six states, working tirelessly to

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<v Speaker 1>ensure that no one released after wrongful incarceration is left behind.

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<v Speaker 1>Learn more at a dash innocence dot org and join

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<v Speaker 1>After Innocence to support exoneries as they rebuild their lives.

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<v Speaker 1>I'm Lauren Brt Pacheco. Welcome back to Wrongful Conviction where

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<v Speaker 1>we have a story out of Houston, Texas in which

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<v Speaker 1>our guest's only crime was selling a car to an

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<v Speaker 1>actual criminal. But before we get into all that, joining

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<v Speaker 1>us or is pro bono attorneys from Latham and Watkins,

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<v Speaker 1>herman U and Alexandra van Dine. Thanks for having us, Yeah,

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<v Speaker 1>thank you for featuring this story and calling in from

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<v Speaker 1>the Texas Department of Corrections. Pablo Valles, thanks for joining us. So,

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<v Speaker 1>Pablo grew up in an area of Houston called Houston Heights.

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<v Speaker 2>I mean I grew up.

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<v Speaker 3>Like most kids.

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<v Speaker 2>Mom, dad, two older sisters. We all were pretty close

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<v Speaker 2>in age, so we all went to the same schools,

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<v Speaker 2>just doing the normal kid thing, going outside, plane, having

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<v Speaker 2>a lot of friends. On the weekends, I would go

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<v Speaker 2>work with my dad. My dad had two bars, so

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<v Speaker 2>you know, as a kid, if I wanted video games

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<v Speaker 2>or toys or anything, I have to go to my

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<v Speaker 2>dad's bar on the weekends and clean up and fill

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<v Speaker 2>the coolers up with beer and just all that stuff.

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<v Speaker 1>And perhaps this work ethic led to an interest in

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<v Speaker 1>trucking that was spurred on by one of his neighbors, Jackie.

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<v Speaker 2>My neighbor Jackie, he was an older white man, cool

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<v Speaker 2>as a fan man. Him and his wife doors. They

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<v Speaker 2>lived three houses down from us, and across the street

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<v Speaker 2>there was an empty lot, and as a kid, I

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<v Speaker 2>would see him. He'd come in his atune with her

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<v Speaker 2>a flatbed, and he'd always parked across the street and

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<v Speaker 2>that empty lot, and we'd be over there in that lot,

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<v Speaker 2>plane jumping onto the flatbed and what now. He didn't mind.

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<v Speaker 2>As I got older, I was like, drive trucks. One

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<v Speaker 2>day and he explained to me, get your DL book,

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<v Speaker 2>study it, read it two or three times.

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<v Speaker 4>If you have to.

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<v Speaker 2>I did that and I ended up getting a CDL

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<v Speaker 2>and just being able to be free. Man be away,

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<v Speaker 2>be on that road, peaceful, especially out west in the mountains.

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<v Speaker 4>Driving.

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<v Speaker 2>I loved it, man, It's fun.

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<v Speaker 1>But before his career he fell in love with cars.

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<v Speaker 2>My dad's friends used to come over and they had motorcycles,

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<v Speaker 2>and my dad had a smoke in the bended trends them.

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<v Speaker 5>Started working at sixteen at the Mini keme Uffler. The

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<v Speaker 5>owner there, Jimmy King, I'll never forget I went there.

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<v Speaker 5>I had for an iron. He said, well, Dean, I

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<v Speaker 5>how to work on brakes? And I said sometimes, and

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<v Speaker 5>everybody busted out laughing.

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<v Speaker 4>Right, he said sometimes, he said.

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<v Speaker 5>You know what he said, man, just show up tomorrow.

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<v Speaker 4>And he came in the job.

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<v Speaker 2>Man.

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<v Speaker 5>They showed me how to well, they showed me how

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<v Speaker 5>to fix breaks. They showed me how to work on vehicles,

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<v Speaker 5>and I took flights from there. Man fell in level cars,

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<v Speaker 5>sports cars. I would buy a car fixed it up,

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<v Speaker 5>man have it buy another woman piece it up in Samoa.

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<v Speaker 1>And another neighbor of his, who is believed to be

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<v Speaker 1>one of the assailants in this case, Ron Strandberg, purchased

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<v Speaker 1>a car from Pablo.

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<v Speaker 4>It was a ninety eight Cadillac Devil.

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<v Speaker 5>Ron the guy actually sold the cars, and he lived

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<v Speaker 5>down the street, on the same street as me, maybe

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<v Speaker 5>about seven houses down from me. And so when I

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<v Speaker 5>came up on a good deal on this Jaguar, I

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<v Speaker 5>was like, man, I'm gonna sell this Cadillac. And Ronin

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<v Speaker 5>had actually seen it, and he was like, I'll buy it.

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<v Speaker 4>And ILL said, look, check this out.

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<v Speaker 5>I'll make it even easier for you. Man, just finished

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<v Speaker 5>paying it off. You don't got to pay me nothing,

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<v Speaker 5>just finish paint it off to this little car lot

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<v Speaker 5>right here.

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<v Speaker 3>And he was like cool.

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<v Speaker 5>And I never had time in the change the title because.

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<v Speaker 1>I was never home every week Sunday through Friday. Pablo

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<v Speaker 1>was on the road with his truck. So unfortunately the

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<v Speaker 1>title of the car remained in his name through the

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<v Speaker 1>incidents of July twelfth through the fifteenth, two thousand and four.

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<v Speaker 1>Apparently alleged gang affiliates of On Strandberg, including a guy

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<v Speaker 1>named Richard Shorty Cisnaro's, got into a fight with nineteen

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<v Speaker 1>year old Adrian Pyon at a local club in Billiards

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<v Speaker 1>Hall with a distractingly ridiculous name, the Perfect.

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<v Speaker 5>Rack, the perfect rereg Now everybody from the neighborhoods in

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<v Speaker 5>the heights and surrounding neighborhoods, everybody goes is the perfect wreck.

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<v Speaker 5>I wasn't a clevin person. I'd rather go change the

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<v Speaker 5>whole on his you know what I mean, But his

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<v Speaker 5>true he had been locked up before a gang related

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<v Speaker 5>from what they said, and got into it with Richard

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<v Speaker 5>Cis Narrows you know, and Jordie and they beat him

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<v Speaker 5>on a Monday. He went to get back at them.

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<v Speaker 1>According to Adrian Pion's girlfriend Claudia Beltron and her friend

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<v Speaker 1>Nancy Elmanza, on Wednesday, July fourteenth, they were hanging out

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<v Speaker 1>at the club on the lookout for Shorty or his

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<v Speaker 1>known associates, Ron Strandberg and another guy named Jason Woolley.

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<v Speaker 1>And while this confrontation was brewing in Houston. This is

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<v Speaker 1>a Wednesday, so Pablo was on the road.

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<v Speaker 6>Pablo has been training another guy, this guy LG. They

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<v Speaker 6>have been driving through Oklahoma and Mississippi over a couple

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<v Speaker 6>of days. Their generator has gone out. In Weatherford, Texas, we.

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<v Speaker 2>Had a generator on the truck that ran the AC

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<v Speaker 2>system so on our way till death. So we noticed

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<v Speaker 2>we had a gas leak on the generator, so I

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<v Speaker 2>called my dispatcher.

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<v Speaker 4>He ended up.

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<v Speaker 2>Calling another truck driver named Ray, and we met.

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<v Speaker 4>Up in Weatherford, Texas.

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<v Speaker 2>We swapped loads. He continued to load back to Odessa,

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<v Speaker 2>and I took his trailer back to Houston. We left

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<v Speaker 2>Weatherford around eight thirty pm that night and so back

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<v Speaker 2>to Houston that it had him not been for that

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<v Speaker 2>gas leak, I mean, I would never even went back

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<v Speaker 2>to Houston. I'd have been on the road and killed Friday.

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<v Speaker 6>So Pablo is sort of getting the trainee situated. He's

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<v Speaker 6>getting home at one point thirty in the morning, getting

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<v Speaker 6>a shower, getting some cereal, seeing his brothers, and then

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<v Speaker 6>heads off to his ex girlfriend's house in sort of

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<v Speaker 6>just the cab of the truck, which I imagine looked

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<v Speaker 6>very interesting, sort of driving down the street and then

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<v Speaker 6>in parallel, this other conflict is going on.

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<v Speaker 1>At this point. Claudia and Nancy had spotted Jason Woolly

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<v Speaker 1>and alerted Adrian pion So. At around the usual two

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<v Speaker 1>am closing time, clubgoers were spilling out into the parking lot,

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<v Speaker 1>including Claudia, Nancy, and Jason. Meanwhile, Adrian and his friends

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<v Speaker 1>Stevan Rodriguez and seventeen year old Emerson Boyorkez pulled into

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<v Speaker 1>the lot.

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<v Speaker 6>And Emerson Biorkez is in the car. He's told you're seventeen, like,

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<v Speaker 6>don't get involved in this. Stay in the car. They

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<v Speaker 6>get out. Waiting for them is Jason Wooley in a

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<v Speaker 6>red shirt. He pulls a nine millimeter gun from his wasteland,

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<v Speaker 6>shoots at the ground, and then someone pulls up in

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<v Speaker 6>this gold Cadillac Deville, the famous gold Cadillac. Other shooters

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<v Speaker 6>come into this sort of ambush style attack. Adrian runs,

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<v Speaker 6>Rodriguez runs.

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<v Speaker 1>The police found three different calibers of shell casings at

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<v Speaker 1>the scene and Wooly was responsible for one of them,

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<v Speaker 1>and witnesses only described one other shooter who had emerged

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<v Speaker 1>near the gold Cadillac, standing about five foot four, light hair,

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<v Speaker 1>firing a long gun, wearing a blue shirt.

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<v Speaker 7>The descriptions of the blue shirted shooter right was a

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<v Speaker 7>gentleman who is shorter, stockier, heavier. That's not Pablo. Pablo

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<v Speaker 7>is especially at the time, pretty in shape, tall guy.

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<v Speaker 7>He's like sick something.

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<v Speaker 1>It just doesn't fit, but it might fit a guy

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<v Speaker 1>nicknamed Shorty. Either way. Back to the shooting, Adrian Pyon

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<v Speaker 1>was hit in the abdomen. He and Rodriguez took off running.

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<v Speaker 1>Wooly chased them along with the blue shirted shooter, but

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<v Speaker 1>eventually ran back to the gold Cadillac and sped off,

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<v Speaker 1>at which point Claudia Beltron Tilmanza allegedly chased after them

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<v Speaker 1>in their.

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<v Speaker 6>Car, and Claudia and her friend Nancy, I believe, grab

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<v Speaker 6>a bible and write down the license plate an eyeliner

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<v Speaker 6>or something like that, and so they get the plate.

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<v Speaker 6>But what everyone realizes during all of this paullabaloo as

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<v Speaker 6>Adrian is shot but escapes, Rodriguez escapes, por Emerson bi

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<v Speaker 6>Jorkez has gotten out of the car and he has

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<v Speaker 6>been wounded fatally and dies And that is all happening

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<v Speaker 6>in a parking lot in Houston at the perfect rack,

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<v Speaker 6>and Pablo is elsewhere at his ex girlfriend's house having

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<v Speaker 6>what sounds like a very serious conversation about their relationship.

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<v Speaker 6>But it's just two totally different events happening in two

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<v Speaker 6>totally different places.

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<v Speaker 5>Ron calling me the night of the murder, you know,

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<v Speaker 5>asking me to the car's going, and you know, I

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<v Speaker 5>have what happened as I man, I'll play you later,

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<v Speaker 5>and I'm like, good, I'm just going to have you.

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<v Speaker 5>Man said, I'm going to go to sleep, and I said,

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<v Speaker 5>I'm not taking a waight up night for the cups

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<v Speaker 5>to show up because they're not biking come ride away,

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<v Speaker 5>just because of carguts. So he was like all right.

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<v Speaker 5>So the next morning he calls me back and he's like,

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<v Speaker 5>did you report the carsons?

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<v Speaker 4>And I'm not.

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<v Speaker 5>He don't even worry about it, and I'm like, well,

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<v Speaker 5>what happened? He's a man, It was nothing, And I

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<v Speaker 5>was like whatever.

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<v Speaker 7>You know.

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<v Speaker 5>I mean, if you're telling me not to worried about it,

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<v Speaker 5>if you're not worried about it was gonna obviously, then

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<v Speaker 5>it's not nothing serious. It's what I've got.

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<v Speaker 1>But the license plate number led investigators to the gold Cadillac,

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<v Speaker 1>which was still registered to Pablo Valaise. Now Pablo had

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<v Speaker 1>never been booked before, so police pulled his driver's license

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<v Speaker 1>photo in which Pablo was three years younger with a

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<v Speaker 1>buzz cut, and they put it in a photo array

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<v Speaker 1>for Claudia Beltron.

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<v Speaker 7>The initial identification of Pablo by Claudia Beltran was a

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<v Speaker 7>photo identification, right, It was just his face, no physical appearance,

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<v Speaker 7>so she did not have the benefit of his overall

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<v Speaker 7>body shaped type, and so she had no opportunity to

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<v Speaker 7>recognize that Pablo looked nothing like the blue shirted shooter

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<v Speaker 7>that she had seen in terms of the body shaved hype.

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<v Speaker 1>And it turned out that the freezing of Claudia's alleged

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<v Speaker 1>identification was very important, but that was not shared with

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<v Speaker 1>the defense before trial, and we'll get into that later,

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<v Speaker 1>but for now, investigators had obtained arrest warrants for both

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<v Speaker 1>Jason Wooley and Pablo Vallez.

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<v Speaker 5>I mean, swat was everywhere and there was at eight everywhere,

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<v Speaker 5>guns drawn on me. And when they got me out

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<v Speaker 5>the car, I'm like, man, what the hell, He's like,

0:12:33.080 --> 0:12:35.599
<v Speaker 5>we got a photny warrant for you from murder and

0:12:35.640 --> 0:12:36.920
<v Speaker 5>I'm like, from murder.

0:12:37.200 --> 0:12:38.920
<v Speaker 4>Like, well, what did I do you know?

0:12:39.800 --> 0:12:41.640
<v Speaker 5>Then of course they asked me all the questions and

0:12:41.679 --> 0:12:43.960
<v Speaker 5>all that stuff, and I told them how much is

0:12:44.000 --> 0:12:46.520
<v Speaker 5>my bond? And he's like twenty thousand and I'm like

0:12:46.559 --> 0:12:48.360
<v Speaker 5>all right, well I'm getting out. I'm down on top

0:12:48.360 --> 0:12:51.960
<v Speaker 5>of sea and he's like eight charges and I'm like, well,

0:12:52.040 --> 0:12:52.920
<v Speaker 5>how many charges are?

0:12:53.000 --> 0:12:53.040
<v Speaker 7>Like?

0:12:53.640 --> 0:12:56.240
<v Speaker 5>He said, you know I saw with a daily weapon

0:12:56.679 --> 0:13:00.960
<v Speaker 5>and murder, and I'm like, okay, sixty thousand, still bonding out.

0:13:01.080 --> 0:13:03.280
<v Speaker 5>I'm done talking to you. He tried to give me

0:13:03.400 --> 0:13:06.160
<v Speaker 5>not to bomb out, right, and he was like, well,

0:13:06.200 --> 0:13:07.920
<v Speaker 5>why do you want to bond out if you didn't

0:13:07.960 --> 0:13:10.000
<v Speaker 5>have nothing to do with this. You'll see the judge

0:13:10.040 --> 0:13:12.520
<v Speaker 5>in the morning. He'll see that you had this. He'll

0:13:12.600 --> 0:13:12.920
<v Speaker 5>let you go.

0:13:13.520 --> 0:13:16.480
<v Speaker 1>As if only guilty people value their freedom.

0:13:16.679 --> 0:13:19.440
<v Speaker 2>Yeah, I'm here on that. I just went to work

0:13:19.480 --> 0:13:22.079
<v Speaker 2>every day and not knowing what was really going to happen.

0:13:22.360 --> 0:13:24.240
<v Speaker 2>My attorney he kept telling me, don't worry about it,

0:13:24.360 --> 0:13:26.400
<v Speaker 2>don't worry about it. If they don't have nothing on you,

0:13:26.400 --> 0:13:29.240
<v Speaker 2>you weren't there. And so I had the mindset I

0:13:29.280 --> 0:13:32.520
<v Speaker 2>didn't worry about it. Continued life, living my life, working,

0:13:33.080 --> 0:13:36.760
<v Speaker 2>having fun, going to the racetrack, taking my cars down there.

0:13:37.160 --> 0:13:40.160
<v Speaker 1>After all, he had an alibi. He'd been with his

0:13:40.200 --> 0:13:43.920
<v Speaker 1>trucking trainee LG. Holmes until just shortly before the shooting,

0:13:44.280 --> 0:13:47.360
<v Speaker 1>then at his mother's with his siblings before heading over

0:13:47.400 --> 0:13:50.240
<v Speaker 1>to his girlfriend Annelle's in the cab portion of his

0:13:50.280 --> 0:13:54.360
<v Speaker 1>eighteen wheeler. But as time war on pre trial, that

0:13:54.440 --> 0:13:55.760
<v Speaker 1>relationship fizzled.

0:13:56.080 --> 0:13:59.559
<v Speaker 5>She was mad and had a lot of anger towards

0:13:59.679 --> 0:14:03.520
<v Speaker 5>Naki because she wanted to shadow down get married and.

0:14:03.559 --> 0:14:04.240
<v Speaker 4>I didn't want to.

0:14:04.480 --> 0:14:07.480
<v Speaker 5>I didn't want to because I had already got with

0:14:07.640 --> 0:14:08.520
<v Speaker 5>somebody else.

0:14:08.760 --> 0:14:11.840
<v Speaker 4>Right, So we ended up splitting up.

0:14:12.040 --> 0:14:14.600
<v Speaker 2>But before that, when I got arrested and all that

0:14:14.800 --> 0:14:16.440
<v Speaker 2>she had told me, and she said, man, don't worry

0:14:16.440 --> 0:14:19.400
<v Speaker 2>about a year with me that night, so fast forward

0:14:19.560 --> 0:14:21.800
<v Speaker 2>we split up. Of course, I told her like, hey,

0:14:21.840 --> 0:14:24.600
<v Speaker 2>don't forget when I go to courtor, my attorney needs

0:14:24.600 --> 0:14:26.680
<v Speaker 2>to talk to you, you know. And that's when she

0:14:26.760 --> 0:14:30.240
<v Speaker 2>hit me with the oh, I don't I don't remember

0:14:30.280 --> 0:14:33.400
<v Speaker 2>if it was that night, And I'm like, what the

0:14:33.440 --> 0:14:35.280
<v Speaker 2>fuck you mean you don't remember? I'm at your house

0:14:35.320 --> 0:14:37.080
<v Speaker 2>in a big red agent with her. What do you

0:14:37.160 --> 0:14:38.960
<v Speaker 2>mean you don't remember? You know what I mean, that's

0:14:38.960 --> 0:14:40.240
<v Speaker 2>the only time I ever went to your.

0:14:40.120 --> 0:14:41.200
<v Speaker 4>House in this acing with her.

0:14:41.640 --> 0:14:45.280
<v Speaker 1>And soon Pablo's new romantic partner became pregnant, so one

0:14:45.320 --> 0:14:48.840
<v Speaker 1>can imagine that this may have strengthened Annelle's resolve not

0:14:49.080 --> 0:14:53.480
<v Speaker 1>to participate in his defense, and perhaps Pablo's trial attorney,

0:14:53.520 --> 0:14:57.240
<v Speaker 1>Ken MacLean would have done more to solidify Pablo's alibi.

0:14:57.640 --> 0:15:01.119
<v Speaker 1>But he was enduring a may health crisis.

0:15:01.520 --> 0:15:04.760
<v Speaker 7>His defense counsel is being treated for cancer. He's dying

0:15:04.760 --> 0:15:08.480
<v Speaker 7>of cancer. He's obviously not going to be doing an

0:15:08.520 --> 0:15:11.840
<v Speaker 7>adequate job representing Pablo. He didn't do the basic investigation

0:15:11.880 --> 0:15:15.080
<v Speaker 7>of published phone records right, and we weren't able to

0:15:15.120 --> 0:15:17.600
<v Speaker 7>retrieve all of his phone records given the passage of

0:15:17.600 --> 0:15:20.720
<v Speaker 7>time when we were involved. But certainly his defense counsel

0:15:20.760 --> 0:15:22.960
<v Speaker 7>would have been able to retrieve the phone records we did,

0:15:23.000 --> 0:15:27.240
<v Speaker 7>and more that would have demonstrated his location, the infeasibility

0:15:27.240 --> 0:15:30.720
<v Speaker 7>of him getting to the perfect rac and published communications

0:15:30.720 --> 0:15:31.440
<v Speaker 7>with Nielle.

0:15:31.680 --> 0:15:35.480
<v Speaker 5>When I was sitting and they bring in my guilphone

0:15:35.520 --> 0:15:36.680
<v Speaker 5>and I'm like, what the pup?

0:15:37.160 --> 0:15:38.120
<v Speaker 4>What is she doing here?

0:15:38.400 --> 0:15:41.000
<v Speaker 5>And they're asking her questions and they're like, well, he

0:15:41.080 --> 0:15:43.240
<v Speaker 5>said he was with you that night and this and whatnot,

0:15:43.280 --> 0:15:44.720
<v Speaker 5>and she's like, no, he wasn't with.

0:15:44.720 --> 0:15:47.480
<v Speaker 6>Me that night his ex girlfriend announce as we weren't

0:15:47.480 --> 0:15:50.120
<v Speaker 6>even in contact in July, why would I have been

0:15:50.160 --> 0:15:52.400
<v Speaker 6>talking to him all night? Put the phone record show

0:15:52.440 --> 0:15:54.080
<v Speaker 6>that no, they were in fact in touch. They were

0:15:54.200 --> 0:15:56.400
<v Speaker 6>talking at that time. So that would have, I think,

0:15:56.520 --> 0:15:59.840
<v Speaker 6>lent credibility to Pablo's testimony as well in front of

0:15:59.840 --> 0:16:02.400
<v Speaker 6>the jury. And then the phone records show he's not

0:16:02.520 --> 0:16:05.280
<v Speaker 6>really in touch with any of these people, right, Like

0:16:05.560 --> 0:16:08.240
<v Speaker 6>he's in touch with Strandberg once or twice related to

0:16:08.280 --> 0:16:11.520
<v Speaker 6>this car because Strandberg suddenly needs to unload this car.

0:16:11.640 --> 0:16:11.800
<v Speaker 7>Right.

0:16:12.240 --> 0:16:14.440
<v Speaker 6>But when you look at the song records that the

0:16:14.480 --> 0:16:17.920
<v Speaker 6>police did pull Ron and Jason, they're in touch. They're

0:16:17.960 --> 0:16:19.480
<v Speaker 6>exchanging all these phone calls.

0:16:19.880 --> 0:16:24.360
<v Speaker 7>Willy, Strandberg and Cin scenario exchanged twenty six calls before

0:16:24.400 --> 0:16:27.480
<v Speaker 7>the shooting and then thirty eight calls after the shooting.

0:16:27.800 --> 0:16:30.680
<v Speaker 6>Wow, that's right, And so you can tell the jury

0:16:31.280 --> 0:16:33.880
<v Speaker 6>these guys are all talking to each other. Pablo Valz

0:16:34.000 --> 0:16:37.280
<v Speaker 6>is really not talking to them other than with respect

0:16:37.280 --> 0:16:39.880
<v Speaker 6>to this car that we have adduced other evidence about.

0:16:39.960 --> 0:16:40.160
<v Speaker 7>Right.

0:16:40.560 --> 0:16:42.960
<v Speaker 1>So, in addition to the damage and Nell did to

0:16:43.000 --> 0:16:46.640
<v Speaker 1>Pablo's credibility as well as the lack of any further

0:16:46.720 --> 0:16:50.000
<v Speaker 1>context that could have been derived from Jason Woolly's phone records.

0:16:50.600 --> 0:16:53.880
<v Speaker 1>The judge limited the defense's ability to question witnesses about

0:16:53.960 --> 0:16:58.240
<v Speaker 1>Ron Strandberg and Richard Cisnaro's even though the DA stated

0:16:58.360 --> 0:17:01.920
<v Speaker 1>in her opening statement that they were likely involved with Woolley,

0:17:02.160 --> 0:17:07.280
<v Speaker 1>and then they had to contend with Claudia Beltron's alleged identification.

0:17:07.880 --> 0:17:12.600
<v Speaker 1>But curiously, the prosecutor, Iileen Bogar even said in her

0:17:12.640 --> 0:17:16.600
<v Speaker 1>opening statement that she was not expecting an in court

0:17:16.680 --> 0:17:18.760
<v Speaker 1>identification from Claudia.

0:17:18.960 --> 0:17:23.320
<v Speaker 7>When Claudia Beltran sees Pablo Valles at his trial for

0:17:23.359 --> 0:17:25.920
<v Speaker 7>the very first time, what does she say to the prosecutor?

0:17:25.960 --> 0:17:29.080
<v Speaker 7>She says, that's not him. Despite that, the prosecutor goes on,

0:17:29.240 --> 0:17:34.040
<v Speaker 7>she pushes forward. She forces Claudia to testify just about

0:17:34.400 --> 0:17:38.040
<v Speaker 7>the photo array, not about her now realization that that

0:17:38.200 --> 0:17:40.120
<v Speaker 7>is not Pablo. Sitting in the defense.

0:17:39.800 --> 0:17:43.520
<v Speaker 2>Table when Claudia when they asked her, she wasn't able

0:17:43.600 --> 0:17:46.760
<v Speaker 2>to pick nobody up. I was like, okay, I'm good

0:17:47.200 --> 0:17:48.840
<v Speaker 2>and I'll be going home and this.

0:17:48.880 --> 0:17:53.200
<v Speaker 1>Will be able with right, And then Detective Swainson gets

0:17:53.280 --> 0:17:56.960
<v Speaker 1>up there and negates her testimony.

0:17:57.680 --> 0:18:02.200
<v Speaker 2>Yeah, he pretty much he seld it to the jury.

0:18:01.960 --> 0:18:07.520
<v Speaker 1>Man called the identification perfect, beautiful, positive.

0:18:08.000 --> 0:18:11.439
<v Speaker 7>He gives those little flourishes, right, because those are the

0:18:11.520 --> 0:18:13.960
<v Speaker 7>kinds of things that a jury's going to hear and

0:18:14.080 --> 0:18:17.159
<v Speaker 7>think to themselves, Oh, if he's going to be so descriptive,

0:18:17.280 --> 0:18:20.120
<v Speaker 7>surely he must have seen it, witness this identification.

0:18:20.560 --> 0:18:24.640
<v Speaker 1>In addition, Adrian Pion also testified, saying that he'd seen

0:18:24.680 --> 0:18:28.080
<v Speaker 1>Pablo at the Perfect Rack around ten PM, which was

0:18:28.119 --> 0:18:32.000
<v Speaker 1>not only impeached by Pablo's trucking trainee LG. Holmes, but

0:18:32.240 --> 0:18:36.080
<v Speaker 1>also that wasn't even part of the state's narrative. Importantly, however,

0:18:36.480 --> 0:18:39.560
<v Speaker 1>Pion did not identify Pablo as one of the assailants.

0:18:40.200 --> 0:18:43.800
<v Speaker 1>The defense also presented several witnesses that placed the gold

0:18:43.880 --> 0:18:48.479
<v Speaker 1>Cadillac in ron Strandberg's possession in the days and weeks

0:18:48.560 --> 0:18:52.480
<v Speaker 1>before and after the shooting, but it appears that they

0:18:52.520 --> 0:18:57.440
<v Speaker 1>weren't enough to overcome Officer Swainson's description of the identification

0:18:57.600 --> 0:18:59.400
<v Speaker 1>that he allegedly witnessed.

0:19:00.040 --> 0:19:02.479
<v Speaker 2>When they came back with the guilty verdict, I remember

0:19:02.520 --> 0:19:07.880
<v Speaker 2>turning around and my mom, my daughter's mother, and my cousin,

0:19:08.440 --> 0:19:12.360
<v Speaker 2>some of my friends, my sisters, and everybody they were

0:19:12.440 --> 0:19:13.160
<v Speaker 2>just in tears.

0:19:14.280 --> 0:19:14.840
<v Speaker 4>My daughter was.

0:19:14.840 --> 0:19:17.840
<v Speaker 5>Three weeks old when they convicted me, and they gave

0:19:17.880 --> 0:19:18.720
<v Speaker 5>me thirty years.

0:19:35.880 --> 0:19:40.080
<v Speaker 2>I didn't know what to expect, Like, now, okay, I'm

0:19:40.080 --> 0:19:40.720
<v Speaker 2>not going home.

0:19:41.320 --> 0:19:43.919
<v Speaker 4>I'm not going to be able to raise my daughter.

0:19:44.200 --> 0:19:47.000
<v Speaker 2>Take care of my mom and my little brothers. Now

0:19:47.040 --> 0:19:50.840
<v Speaker 2>I have to worry about taking care of myself. It's

0:19:50.880 --> 0:19:53.760
<v Speaker 2>like going to a porough world country man. It's like

0:19:53.800 --> 0:19:57.040
<v Speaker 2>a whole other world in here, and I had to

0:19:57.119 --> 0:20:03.320
<v Speaker 2>learn to adjust quick. There's rules and laws in here

0:20:04.040 --> 0:20:08.720
<v Speaker 2>amongst in mates, and life is the situation in here.

0:20:10.920 --> 0:20:13.720
<v Speaker 2>It's a negative, evil face in here.

0:20:15.480 --> 0:20:17.119
<v Speaker 5>I'm already at twenty years.

0:20:17.840 --> 0:20:18.159
<v Speaker 4>That's on you.

0:20:18.200 --> 0:20:20.480
<v Speaker 3>Earlier, my daughter was three weeks old and here she

0:20:20.520 --> 0:20:23.399
<v Speaker 3>had a twenty As a little kid growing up, she

0:20:23.440 --> 0:20:26.040
<v Speaker 3>would always tell everybody, I just want my daddy for Christmas.

0:20:26.920 --> 0:20:29.240
<v Speaker 3>She came to me one day and I didn't it.

0:20:29.200 --> 0:20:31.600
<v Speaker 5>And she said, Dad, She said, can I take you

0:20:31.720 --> 0:20:34.960
<v Speaker 5>home with me? And I'm like, no, I can't.

0:20:34.720 --> 0:20:35.440
<v Speaker 3>Go home, baby.

0:20:35.480 --> 0:20:35.639
<v Speaker 7>You know.

0:20:35.800 --> 0:20:36.960
<v Speaker 4>She was about seven years.

0:20:36.760 --> 0:20:41.560
<v Speaker 5>Old, And I said again, and she said, you know,

0:20:41.920 --> 0:20:44.080
<v Speaker 5>I'll put two in a box and I'll sink you up.

0:20:44.320 --> 0:20:45.639
<v Speaker 4>And I said, so, I can't.

0:20:46.040 --> 0:20:48.800
<v Speaker 5>I can't. And you know, man, she even said, she

0:20:48.840 --> 0:20:51.680
<v Speaker 5>said I'll poke hop in and said you can breathe.

0:20:51.960 --> 0:20:54.879
<v Speaker 4>I can't go home baby, you know, and you know,

0:20:55.920 --> 0:20:56.480
<v Speaker 4>a real.

0:20:56.400 --> 0:20:57.960
<v Speaker 5>Kid, innocent, not knowing.

0:20:58.240 --> 0:21:00.840
<v Speaker 3>You know the seriousness of man.

0:21:00.880 --> 0:21:03.640
<v Speaker 5>And you know kids are.

0:21:05.560 --> 0:21:08.040
<v Speaker 7>I've got a daughter and a son. And if I

0:21:08.080 --> 0:21:10.880
<v Speaker 7>were in Pablo's shoes and I wasn't able to see

0:21:10.920 --> 0:21:13.240
<v Speaker 7>my kids, I mean, it would just kill me. I

0:21:13.240 --> 0:21:15.600
<v Speaker 7>mean it would absolutely destroy me. Yeah.

0:21:16.960 --> 0:21:19.320
<v Speaker 5>Even now, she'll cry, man, when we have to leave

0:21:19.440 --> 0:21:20.480
<v Speaker 5>visit to cry.

0:21:20.560 --> 0:21:20.800
<v Speaker 2>Man.

0:21:20.920 --> 0:21:23.200
<v Speaker 5>And she would always tell me, She's like, Dad, I've

0:21:23.200 --> 0:21:23.960
<v Speaker 5>never seen you cry.

0:21:24.119 --> 0:21:27.680
<v Speaker 4>I said, believe me. I said, just because you don't

0:21:27.680 --> 0:21:28.000
<v Speaker 4>see me.

0:21:28.040 --> 0:21:29.560
<v Speaker 2>Cry doesn't mean I'm not crying.

0:21:30.680 --> 0:21:33.679
<v Speaker 5>But I keep on pushing, man, I keep on pushing

0:21:33.720 --> 0:21:34.560
<v Speaker 5>and knowing it.

0:21:34.840 --> 0:21:36.760
<v Speaker 4>He man, I'll be home one day.

0:21:37.400 --> 0:21:37.600
<v Speaker 7>You know.

0:21:39.040 --> 0:21:42.960
<v Speaker 1>Pablo began writing to various innocence organizations, which you brought

0:21:43.040 --> 0:21:46.479
<v Speaker 1>him an investigator named CJ. Connolly, who looked into the

0:21:46.480 --> 0:21:50.160
<v Speaker 1>case and paid a visit to Pablo's co defendant, Jason Wooley.

0:21:50.440 --> 0:21:52.879
<v Speaker 2>When he went to go visit Wooly. Now, mind you,

0:21:53.000 --> 0:21:55.560
<v Speaker 2>Wooly didn't know CJ was coming to visit him or

0:21:55.600 --> 0:21:58.720
<v Speaker 2>why he was even getting a visit and from said

0:21:58.720 --> 0:22:00.440
<v Speaker 2>he said the moment that he told him, I'm here

0:22:00.480 --> 0:22:03.720
<v Speaker 2>because of Pablo felt, Woolley immediately told him he had

0:22:03.720 --> 0:22:06.159
<v Speaker 2>nothing to do with this, these inns he and had

0:22:06.200 --> 0:22:09.400
<v Speaker 2>nothing to do with this, and CJ's wa Man, that's

0:22:09.480 --> 0:22:13.400
<v Speaker 2>part to fire, and I mean to continue researching and investigating.

0:22:13.560 --> 0:22:17.159
<v Speaker 2>CJ ended up reaching out to different attorneys and Lathan

0:22:17.200 --> 0:22:20.119
<v Speaker 2>and Walking they ended up helping Man a lot of

0:22:20.160 --> 0:22:22.680
<v Speaker 2>love and respect for them, guys and Laon and Walking.

0:22:22.880 --> 0:22:24.919
<v Speaker 3>Man, what for each.

0:22:24.960 --> 0:22:29.640
<v Speaker 1>Of you was the aha moment where you realized that

0:22:30.000 --> 0:22:31.479
<v Speaker 1>you were looking at a wrongful conviction.

0:22:32.359 --> 0:22:35.320
<v Speaker 7>For me, as to review the evidence and realized that

0:22:35.720 --> 0:22:39.280
<v Speaker 7>the only reason Pablo was ever targeted by the Houston

0:22:39.280 --> 0:22:43.119
<v Speaker 7>Police Department was because of a late change in the

0:22:43.160 --> 0:22:45.879
<v Speaker 7>title of the gold Catillac that was a getaway vehicle.

0:22:46.160 --> 0:22:49.200
<v Speaker 7>That's it. That is the only thing that ties any

0:22:49.200 --> 0:22:50.000
<v Speaker 7>of this to Pablo.

0:22:50.480 --> 0:22:52.680
<v Speaker 6>And the fact that a twenty three year old man

0:22:52.720 --> 0:22:55.400
<v Speaker 6>didn't get the title to his car transferred right away,

0:22:55.480 --> 0:22:59.639
<v Speaker 6>that seems eminently reasonable and understandable to me. So the

0:22:59.640 --> 0:23:01.399
<v Speaker 6>fact that that sort of what this is all writing

0:23:01.440 --> 0:23:04.080
<v Speaker 6>on is pretty wild The other two things that really

0:23:04.080 --> 0:23:06.240
<v Speaker 6>stuck out to me were that his own council failed

0:23:06.280 --> 0:23:09.480
<v Speaker 6>to get his phone records that really substantiated his alibi,

0:23:09.840 --> 0:23:12.920
<v Speaker 6>obviously the egregious Brady violations.

0:23:13.280 --> 0:23:17.920
<v Speaker 1>Latham and Watkins discovered a previously undisclosed photo array containing

0:23:17.960 --> 0:23:21.840
<v Speaker 1>both Shorty and Pablo's photos with a signature next to

0:23:21.880 --> 0:23:25.480
<v Speaker 1>Shorty's photo, which makes sense and lighted the initial description

0:23:25.560 --> 0:23:29.000
<v Speaker 1>of the shooter in blue. And then they saw Officer

0:23:29.160 --> 0:23:34.840
<v Speaker 1>King's previously undisclosed investigation notes which detailed what Claudia Beltran

0:23:35.200 --> 0:23:39.000
<v Speaker 1>actually had said about Pablo when she viewed the photo array.

0:23:39.400 --> 0:23:42.800
<v Speaker 7>So what King wrote in his notebook was Claudia Beltran

0:23:42.880 --> 0:23:45.480
<v Speaker 7>said he looks like him, but guy in blue shirt

0:23:45.520 --> 0:23:50.199
<v Speaker 7>had lighter hair. So that was a clear exculpatory description

0:23:50.840 --> 0:23:55.040
<v Speaker 7>that made it very clear that Pablo was not the

0:23:55.080 --> 0:23:59.040
<v Speaker 7>person that she had seen at the Perfect wreck. When

0:23:59.160 --> 0:24:04.520
<v Speaker 7>that interview was inserted into the official HPD report, Claudia

0:24:04.520 --> 0:24:08.040
<v Speaker 7>Beltran's testimony all of a sudden just becomes he looks

0:24:08.080 --> 0:24:11.359
<v Speaker 7>like him, which is obviously a very different thing. And

0:24:11.480 --> 0:24:15.440
<v Speaker 7>of course that makes sense because then when Claudia Bell

0:24:15.520 --> 0:24:19.399
<v Speaker 7>trans sees Pablo Vallez at his trial she tells the

0:24:19.440 --> 0:24:22.640
<v Speaker 7>prosecutor that is not the person I saw. And then

0:24:22.800 --> 0:24:26.239
<v Speaker 7>the prosecutor relies on the testimony of Officer king An,

0:24:26.240 --> 0:24:30.080
<v Speaker 7>Officer Slainsen, which wasn't just a vanilla identification.

0:24:30.520 --> 0:24:33.439
<v Speaker 1>He says, it was a beautiful, perfect.

0:24:33.200 --> 0:24:36.040
<v Speaker 7>That's absolutely right. I mean, surely he must have been there,

0:24:36.080 --> 0:24:39.200
<v Speaker 7>he must have witnessed this identification when we went to they.

0:24:39.200 --> 0:24:42.880
<v Speaker 2>Have an intereering. King He he don't even know why

0:24:43.080 --> 0:24:45.840
<v Speaker 2>Swainson even said that, because he wasn't even in the

0:24:45.920 --> 0:24:48.280
<v Speaker 2>room when she pointed at the picture. He was in

0:24:48.320 --> 0:24:50.600
<v Speaker 2>another room talking to Adrian.

0:24:50.880 --> 0:24:52.600
<v Speaker 7>Good lord, he was in the other room.

0:24:53.000 --> 0:24:56.920
<v Speaker 1>So not only was it exposed that Claudia had never

0:24:57.000 --> 0:25:01.960
<v Speaker 1>identified Pablo, but also that Officer Swainson was not even

0:25:02.000 --> 0:25:05.240
<v Speaker 1>in the room to witness an identification that he called

0:25:05.320 --> 0:25:11.159
<v Speaker 1>quote perfect, beautiful, positive end quote. And without that testimony,

0:25:11.240 --> 0:25:14.640
<v Speaker 1>they had no identification. All they had was a Cadillac

0:25:14.800 --> 0:25:18.480
<v Speaker 1>registered to Pablo Belez that was placed leaving the scene

0:25:18.480 --> 0:25:21.560
<v Speaker 1>of the crime, but with someone else in it. And

0:25:21.920 --> 0:25:25.720
<v Speaker 1>at this time, one of the victims, Adrian Pion, was

0:25:25.840 --> 0:25:27.280
<v Speaker 1>willing to corroborate that.

0:25:27.760 --> 0:25:30.840
<v Speaker 7>From our perspective, his recanting of his testimony was real.

0:25:31.320 --> 0:25:35.119
<v Speaker 7>He was in that neighborhood, in that environment where fairly

0:25:35.119 --> 0:25:37.400
<v Speaker 7>confident he knew the shooters and the shooters knew him.

0:25:37.520 --> 0:25:40.920
<v Speaker 7>I think he testified in a way that kept him safe,

0:25:41.000 --> 0:25:43.480
<v Speaker 7>and later on, many years later, I think at that

0:25:43.520 --> 0:25:46.159
<v Speaker 7>point he felt safer in coming forward.

0:25:47.080 --> 0:25:49.639
<v Speaker 5>He actually told them I know who did it, but

0:25:50.200 --> 0:25:51.920
<v Speaker 5>not him, and I'm not going to tell y'all who

0:25:51.920 --> 0:25:52.320
<v Speaker 5>did it.

0:25:52.200 --> 0:25:52.840
<v Speaker 3>But it's not game.

0:25:53.400 --> 0:25:56.480
<v Speaker 5>And my uncle Leo was a chief of police in

0:25:56.520 --> 0:25:58.919
<v Speaker 5>the Arson Division at that time. He knew some of

0:25:58.960 --> 0:26:00.199
<v Speaker 5>the other detectives and.

0:26:00.760 --> 0:26:03.640
<v Speaker 3>DA's in there. And when we went back to court

0:26:03.720 --> 0:26:06.320
<v Speaker 3>in twenty seventeen, they told him Uncle, they.

0:26:06.200 --> 0:26:09.440
<v Speaker 5>Said, oh, man, you'll be home by December. But shiit

0:26:10.040 --> 0:26:13.960
<v Speaker 5>December came and went, you know, and still here.

0:26:31.880 --> 0:26:35.960
<v Speaker 2>I worked in Metal Fad for nine years, so all

0:26:36.040 --> 0:26:37.920
<v Speaker 2>of us guys that worked there at the Metal Fat

0:26:38.000 --> 0:26:40.879
<v Speaker 2>pretty much see each other on a regular basis or

0:26:40.960 --> 0:26:44.120
<v Speaker 2>know each other. So when I went back to Houston

0:26:44.200 --> 0:26:47.240
<v Speaker 2>on that evidenier here in seventeen and I came back

0:26:47.240 --> 0:26:50.359
<v Speaker 2>in eighteenth in March, I ran into one of the

0:26:50.400 --> 0:26:54.280
<v Speaker 2>guys there Christmas and he was like just shooting the ship,

0:26:54.440 --> 0:26:56.000
<v Speaker 2>like hey man, I ain't seen in a while and

0:26:56.080 --> 0:26:58.200
<v Speaker 2>what not. And I told himself, I just got back

0:26:58.200 --> 0:27:01.359
<v Speaker 2>to the benchmark, then back and he's like, you find

0:27:01.400 --> 0:27:03.320
<v Speaker 2>your case. And I'm like yeah, I said, man, you

0:27:03.359 --> 0:27:06.240
<v Speaker 2>don't remember hearing about the murder of the prefect right

0:27:06.520 --> 0:27:09.600
<v Speaker 2>in two thousand and four, And like he got all excited.

0:27:09.640 --> 0:27:11.320
<v Speaker 2>He was like, yeah, man, I was there that night.

0:27:11.359 --> 0:27:11.520
<v Speaker 1>Man.

0:27:11.640 --> 0:27:14.359
<v Speaker 2>Listen, Man, I'm listening to him and he's telling me

0:27:14.480 --> 0:27:20.000
<v Speaker 2>everything that I've read in the transcripts and witnesses reports

0:27:20.000 --> 0:27:22.080
<v Speaker 2>and whatnot. And I was like, there's no way he

0:27:22.160 --> 0:27:24.480
<v Speaker 2>knows this stuff unless he was there, right, And he

0:27:24.880 --> 0:27:27.320
<v Speaker 2>straight up told me he's like, man, Ron and Shorty.

0:27:27.400 --> 0:27:31.240
<v Speaker 2>He said, Shorty was chasing Adrian. He said, Ron was

0:27:31.320 --> 0:27:34.600
<v Speaker 2>shooting at that other dude, which was Anderson, and Otob

0:27:34.640 --> 0:27:36.720
<v Speaker 2>the attorney's the same thing. And they came down here

0:27:36.760 --> 0:27:40.240
<v Speaker 2>with the DA and some detectives. But that didn't go

0:27:40.359 --> 0:27:40.840
<v Speaker 2>nowhere either.

0:27:41.280 --> 0:27:43.880
<v Speaker 1>So now, on top of everything else that was exposed

0:27:43.920 --> 0:27:47.240
<v Speaker 1>at the Evident Cherry hearing in twenty seventeen, they had

0:27:47.240 --> 0:27:51.360
<v Speaker 1>a witness who was willing to name names. Meanwhile, they

0:27:51.560 --> 0:27:55.399
<v Speaker 1>also discovered something else about how the investigation appears to

0:27:55.480 --> 0:27:56.120
<v Speaker 1>have derailed.

0:27:56.640 --> 0:28:00.000
<v Speaker 6>My understanding of it was a confidential informant came forward

0:28:00.040 --> 0:28:02.840
<v Speaker 6>to the police, he said it was Ron, Shorty and Jason,

0:28:03.160 --> 0:28:05.320
<v Speaker 6>and they're like, thank you very much for your service.

0:28:05.480 --> 0:28:07.320
<v Speaker 6>We're going to do nothing with that information.

0:28:07.920 --> 0:28:10.520
<v Speaker 7>And it just doesn't make any sense why they didn't

0:28:11.040 --> 0:28:15.480
<v Speaker 7>follow up the identification of two gang bangers who also

0:28:15.560 --> 0:28:18.480
<v Speaker 7>had a connection several days prior at the perfect ract

0:28:18.480 --> 0:28:20.879
<v Speaker 7>with the same cast of characters. I don't think we,

0:28:21.040 --> 0:28:25.000
<v Speaker 7>as a team at Latham ever understood why that was

0:28:25.040 --> 0:28:26.960
<v Speaker 7>simply ignore it as a possible lead.

0:28:27.440 --> 0:28:30.800
<v Speaker 1>Unless this is a familiar pattern we see consistently all

0:28:30.840 --> 0:28:34.160
<v Speaker 1>over the country where investigators will turn a blind eye

0:28:34.240 --> 0:28:38.560
<v Speaker 1>to actual criminals if those people are regularly helping them

0:28:38.640 --> 0:28:43.880
<v Speaker 1>close cases. So perhaps Shorty and Ron are snitches.

0:28:44.240 --> 0:28:47.080
<v Speaker 5>And if that's true, then I can understand why it

0:28:47.160 --> 0:28:49.720
<v Speaker 5>went the way it went, because if you think about it,

0:28:49.840 --> 0:28:52.920
<v Speaker 5>I don't work for the police. I drive FORORPS early right,

0:28:53.360 --> 0:28:57.040
<v Speaker 5>But these guys, their informants, they're more of an asset

0:28:57.120 --> 0:28:58.360
<v Speaker 5>to them than I am.

0:28:58.560 --> 0:29:02.800
<v Speaker 1>It's absolutely not Where does the case stand now legally?

0:29:03.240 --> 0:29:10.520
<v Speaker 7>So legally, we have exhausted all of Pablo's habeas options

0:29:10.720 --> 0:29:15.440
<v Speaker 7>and we have no other legal recourse. Just to summarize

0:29:15.440 --> 0:29:18.000
<v Speaker 7>the record, the first steps we took were to proceed

0:29:18.160 --> 0:29:22.720
<v Speaker 7>with a habeas petition in Texas State Court, and that

0:29:22.880 --> 0:29:25.280
<v Speaker 7>was what led to the evidentiary hearing in Harris County

0:29:25.320 --> 0:29:28.479
<v Speaker 7>District Court. We appealed that all the way up to

0:29:28.720 --> 0:29:31.560
<v Speaker 7>the Texas Criminal Court. We were denied there. We then

0:29:31.720 --> 0:29:36.200
<v Speaker 7>filed a habeas petition in federal court. That petition was denied.

0:29:36.640 --> 0:29:39.480
<v Speaker 7>We then sought to appeal to the Fifth Circuit Court

0:29:39.480 --> 0:29:43.440
<v Speaker 7>of Appeals. Procedurally, you had to actually get permission. We

0:29:43.440 --> 0:29:46.640
<v Speaker 7>were denied that permission to appeal on the merits to

0:29:46.640 --> 0:29:48.440
<v Speaker 7>the Fifth Circuits, so we never actually got a chance

0:29:48.440 --> 0:29:51.200
<v Speaker 7>to do that. And then at this point the only

0:29:51.280 --> 0:29:54.560
<v Speaker 7>recourse that we had was to file a writ of

0:29:54.560 --> 0:29:58.040
<v Speaker 7>ctiary with the United States Supreme Court. And so at

0:29:58.040 --> 0:30:02.600
<v Speaker 7>this point we have no unfortunate other habeas options. If

0:30:02.600 --> 0:30:07.400
<v Speaker 7>there were, we would still be fighting for him.

0:30:07.480 --> 0:30:10.840
<v Speaker 1>Is there anything that people can do to help now?

0:30:10.840 --> 0:30:13.880
<v Speaker 7>Obviously Pablo still has the opportunity to seek parole. To

0:30:13.920 --> 0:30:17.680
<v Speaker 7>the extent that there would be opportunities for people to

0:30:17.720 --> 0:30:21.240
<v Speaker 7>write and to support his parole application, I would certainly

0:30:21.480 --> 0:30:22.680
<v Speaker 7>encourage folks to do that.

0:30:23.160 --> 0:30:25.480
<v Speaker 2>I'm broke now and I'm not going to break and

0:30:25.520 --> 0:30:28.000
<v Speaker 2>I'm not gonna let him break and keep on keep

0:30:28.080 --> 0:30:28.600
<v Speaker 2>on fighting.

0:30:28.840 --> 0:30:32.640
<v Speaker 1>So this season we're really talking about accountability. We know

0:30:33.720 --> 0:30:37.600
<v Speaker 1>why wrongful convictions happen, but how do you stop them

0:30:37.720 --> 0:30:41.560
<v Speaker 1>from happening in the future. What does accountability mean to

0:30:41.640 --> 0:30:44.400
<v Speaker 1>you and what would it look like in your case?

0:30:44.920 --> 0:30:49.760
<v Speaker 2>All of them should be hailed accountable. DA detectives, of course,

0:30:49.800 --> 0:30:53.440
<v Speaker 2>the guy that did this, Mike's girlfriend, they should all

0:30:53.480 --> 0:30:56.480
<v Speaker 2>be held accountable. And like, I know that will never happen,

0:30:56.640 --> 0:30:59.080
<v Speaker 2>but like if the family had a paste.

0:30:58.720 --> 0:31:03.120
<v Speaker 1>Of a quarter of speaking of where are Shorty and

0:31:03.200 --> 0:31:03.800
<v Speaker 1>Ron now?

0:31:04.160 --> 0:31:06.360
<v Speaker 2>I guess they're still in Houston. I don't know.

0:31:07.520 --> 0:31:09.400
<v Speaker 7>There are a number of aspects to this right when

0:31:09.440 --> 0:31:11.920
<v Speaker 7>when youre talking about accountability. There's accountability at the time,

0:31:11.960 --> 0:31:15.920
<v Speaker 7>there's accountability after the fact. And look, police officers do

0:31:16.080 --> 0:31:19.760
<v Speaker 7>so much to protect us. But Pablo's case highlights the

0:31:19.800 --> 0:31:23.239
<v Speaker 7>fact that there are also instances where the police are

0:31:23.280 --> 0:31:28.520
<v Speaker 7>not held accountable for providing testimony that is designed to

0:31:28.560 --> 0:31:32.960
<v Speaker 7>take an open investigation off the books. There's accountability to

0:31:33.200 --> 0:31:36.160
<v Speaker 7>the prosecutors who are all too willing to ram through

0:31:36.160 --> 0:31:40.600
<v Speaker 7>a prosecution and not give the attention that they should

0:31:40.640 --> 0:31:44.000
<v Speaker 7>give to their obligations as officers of the court to

0:31:44.120 --> 0:31:48.000
<v Speaker 7>come forward with the truth, to come forward with exculpatory evidence,

0:31:48.640 --> 0:31:52.960
<v Speaker 7>and to protect the constitutional rights of those who sit

0:31:53.000 --> 0:31:57.320
<v Speaker 7>in the defense seat. Kim Ogg was the Hairs County

0:31:57.320 --> 0:32:01.840
<v Speaker 7>District Attorney and she ran and in part on a

0:32:01.960 --> 0:32:06.160
<v Speaker 7>platform of reform and accountability, taking a look at prior

0:32:06.240 --> 0:32:11.120
<v Speaker 7>convictions and seeing where injustice had been done. We met

0:32:11.120 --> 0:32:13.160
<v Speaker 7>with kim Ogg a team of us there or three

0:32:13.160 --> 0:32:17.280
<v Speaker 7>of us. We had breakfast with kim Ogg. We presented

0:32:17.280 --> 0:32:19.160
<v Speaker 7>our case story, We gave her a packet. Two of

0:32:19.160 --> 0:32:21.960
<v Speaker 7>my partners came down from Washington, DC just to meet

0:32:21.960 --> 0:32:26.000
<v Speaker 7>with her to impress upon her just how wrong the

0:32:26.040 --> 0:32:30.680
<v Speaker 7>situation was. And we followed up and we pursued this

0:32:30.800 --> 0:32:35.280
<v Speaker 7>with her office literally for years, and we never, from

0:32:35.320 --> 0:32:37.920
<v Speaker 7>our perspective, Marion got the time of day. We did

0:32:37.960 --> 0:32:40.080
<v Speaker 7>not feel that her office took a serious look at

0:32:40.080 --> 0:32:43.360
<v Speaker 7>Pablo's case. And so you know, when you talk about accountabiity,

0:32:43.360 --> 0:32:45.360
<v Speaker 7>there's accountability at so many levels.

0:32:45.920 --> 0:32:48.840
<v Speaker 6>So there are some ways to build accountability into the

0:32:48.880 --> 0:32:51.520
<v Speaker 6>system a little bit better. And you see this with

0:32:51.920 --> 0:32:55.840
<v Speaker 6>in some other states, not Texas, but a discovery reform right,

0:32:55.960 --> 0:33:00.360
<v Speaker 6>like really expanding the amount of information that prosecuted are

0:33:00.400 --> 0:33:02.680
<v Speaker 6>required to hand over to the defense. Now, of course

0:33:02.680 --> 0:33:08.080
<v Speaker 6>they're always required to handover exculpatory information under Brady versus Maryland.

0:33:08.240 --> 0:33:12.240
<v Speaker 6>But you do have to wonder had Pablo's defense counsel,

0:33:12.280 --> 0:33:14.880
<v Speaker 6>who did have his own issues, but had he had

0:33:15.360 --> 0:33:18.720
<v Speaker 6>much greater access to the information being collected, could he

0:33:18.840 --> 0:33:21.760
<v Speaker 6>have poke Tols in this case? Could he have said, Hey,

0:33:21.880 --> 0:33:24.920
<v Speaker 6>isn't it a little odd that the police department didn't

0:33:24.920 --> 0:33:28.360
<v Speaker 6>do this video lineup or didn't pursue X Y or

0:33:28.440 --> 0:33:30.880
<v Speaker 6>Z thing and could have hammered that a lot better.

0:33:31.240 --> 0:33:34.840
<v Speaker 6>So there are some systemic legal changes that you can

0:33:34.920 --> 0:33:36.280
<v Speaker 6>call your representative about.

0:33:36.880 --> 0:33:39.960
<v Speaker 1>So we will list to information in the episode description

0:33:40.360 --> 0:33:42.880
<v Speaker 1>if anyone would like to reach out to the Texas

0:33:42.960 --> 0:33:46.520
<v Speaker 1>Board of Pardons and Paroles on Pablo's behalf, and with that,

0:33:47.160 --> 0:33:48.920
<v Speaker 1>I'll leave the mic open to all of you to

0:33:48.960 --> 0:33:51.360
<v Speaker 1>share what you'd like our audience to take away from

0:33:51.440 --> 0:33:52.240
<v Speaker 1>this conversation.

0:33:53.640 --> 0:33:57.240
<v Speaker 7>We have had probably at least a dozen lawyers over

0:33:57.280 --> 0:34:00.280
<v Speaker 7>the year's work on Pablo's case. This has been in

0:34:00.440 --> 0:34:05.920
<v Speaker 7>a case that the firm has committed substantial resources to

0:34:06.080 --> 0:34:09.240
<v Speaker 7>and we've done that because all of us, to the person,

0:34:09.360 --> 0:34:13.319
<v Speaker 7>truly believe in Pablo's innocence. He is a stand up guy.

0:34:13.840 --> 0:34:17.400
<v Speaker 7>He is somebody who would have been just a fantastic

0:34:17.480 --> 0:34:20.520
<v Speaker 7>member of the community, and what has happened to him

0:34:20.680 --> 0:34:24.440
<v Speaker 7>is just an absolute travesty. We continue as a firm

0:34:24.520 --> 0:34:28.120
<v Speaker 7>to be frustrated with our inability to get Pablo the

0:34:28.120 --> 0:34:32.880
<v Speaker 7>results that he deserves and the exoneration that he's entitled to.

0:34:33.560 --> 0:34:38.359
<v Speaker 7>And look, we hope the listeners will recognizing justice has

0:34:38.400 --> 0:34:42.400
<v Speaker 7>been done here and this will hopefully motivate them to

0:34:42.440 --> 0:34:45.640
<v Speaker 7>do what they can in their own ways to help

0:34:45.680 --> 0:34:48.520
<v Speaker 7>reform the criminal justice system and ensure that these kinds

0:34:48.520 --> 0:34:50.680
<v Speaker 7>of injustices don't occur in the future.

0:34:51.920 --> 0:34:54.640
<v Speaker 6>I mean, the American legal system, for a lot of

0:34:54.680 --> 0:35:00.200
<v Speaker 6>good reasons, really does prioritize finality of convictions, finality of

0:35:01.080 --> 0:35:06.960
<v Speaker 6>dispute resolution, finality, and that systemic preference really makes it

0:35:07.040 --> 0:35:10.600
<v Speaker 6>hard to come back in and undo these convictions. And

0:35:11.880 --> 0:35:14.280
<v Speaker 6>you have to think there is some middle ground between

0:35:14.320 --> 0:35:17.200
<v Speaker 6>the system we have now and some free for all

0:35:17.239 --> 0:35:21.359
<v Speaker 6>where everybody is challenging their convictions like frivolously right. There

0:35:21.400 --> 0:35:23.560
<v Speaker 6>has to be some middle ground right where these really

0:35:23.600 --> 0:35:28.680
<v Speaker 6>compelling facts can make a difference after a conviction, after

0:35:28.719 --> 0:35:31.279
<v Speaker 6>a verdict has been rendered by a jury, and convicting

0:35:31.400 --> 0:35:36.280
<v Speaker 6>somebody is not sort of to this broader point about justice,

0:35:36.320 --> 0:35:39.480
<v Speaker 6>It's not justice if it's the wrong person, because that

0:35:39.680 --> 0:35:44.400
<v Speaker 6>means a real criminal is out there on the streets

0:35:44.480 --> 0:35:49.800
<v Speaker 6>terrorizing people. It means the victim has not actually seen

0:35:49.840 --> 0:35:54.040
<v Speaker 6>the person responsible for their pain punished. It just means

0:35:54.120 --> 0:35:57.040
<v Speaker 6>someone has gone to prison and someone will not get

0:35:57.080 --> 0:36:02.200
<v Speaker 6>to see their child grow up. And that's how everybody I.

0:36:02.160 --> 0:36:05.440
<v Speaker 2>Tell people all the time. You know, it's almost like

0:36:06.360 --> 0:36:09.520
<v Speaker 2>you know, they say that they don't walk right. Well,

0:36:09.560 --> 0:36:13.440
<v Speaker 2>here we are. We're walking, walking, living and breathing. You know,

0:36:13.840 --> 0:36:17.800
<v Speaker 2>when someone passes away right throughout the years, people stop

0:36:17.960 --> 0:36:22.760
<v Speaker 2>visiting that cemetery or that person, and eventually people forget.

0:36:23.719 --> 0:36:28.080
<v Speaker 2>But in this situation, man, you know, by just cutting

0:36:28.080 --> 0:36:31.359
<v Speaker 2>the story out there, man, and not just with my story, right,

0:36:31.440 --> 0:36:34.719
<v Speaker 2>with everyone's story that's gone through something like this, for

0:36:34.840 --> 0:36:37.160
<v Speaker 2>it not to be forgotten, right, because I mean once

0:36:37.200 --> 0:36:38.880
<v Speaker 2>you forget, I mean it's over with.

0:36:39.680 --> 0:36:39.920
<v Speaker 4>You know.

0:36:46.640 --> 0:36:49.279
<v Speaker 1>Thank you for listening to Wrongful Conviction. You can listen

0:36:49.320 --> 0:36:52.080
<v Speaker 1>to this and all LoVa for Good podcasts one week

0:36:52.120 --> 0:36:55.319
<v Speaker 1>early and ad free by subscribing to LoVa for Good

0:36:55.320 --> 0:36:58.719
<v Speaker 1>Plus on Apple Podcasts. I'd like to thank our production team,

0:36:58.920 --> 0:37:02.160
<v Speaker 1>Connor Hall and Kathe Think, as well as executive producers

0:37:02.239 --> 0:37:05.880
<v Speaker 1>Jason Vlahm, Jeff Kempler, Kevin Wartis, and Jeff Clyburn. The

0:37:06.000 --> 0:37:08.640
<v Speaker 1>music in this production was supplied by three time OSCAR

0:37:08.680 --> 0:37:11.680
<v Speaker 1>nominated composer Jay Ralph. Be sure to follow us across

0:37:11.760 --> 0:37:14.640
<v Speaker 1>all social media platforms at Lava for Good and at

0:37:14.680 --> 0:37:17.480
<v Speaker 1>Wrongful Conviction. You can also follow me on Instagram at

0:37:17.560 --> 0:37:20.880
<v Speaker 1>Lauren brag Pacheco. Wrongful Conviction is a production of Lava

0:37:20.920 --> 0:37:24.439
<v Speaker 1>for Good Podcasts and association with Signal Company Number One.

0:37:24.520 --> 0:37:26.920
<v Speaker 1>We have worked hard to ensure that all facts reported

0:37:26.960 --> 0:37:28.240
<v Speaker 1>in this show are accurate.

0:37:28.320 --> 0:37:31.040
<v Speaker 3>The views and opinions expressed by the individuals featured in

0:37:31.080 --> 0:37:33.800
<v Speaker 3>this show are their own and do not necessarily reflect

0:37:33.800 --> 0:37:35.040
<v Speaker 3>those of Lava for Good