1 00:00:05,880 --> 00:00:09,560 Speaker 1: Tens of thousands of people incarcerated in the US have 2 00:00:09,640 --> 00:00:13,480 Speaker 1: been wrongfully convicted and are being held in captivity for crimes, 3 00:00:13,600 --> 00:00:17,759 Speaker 1: even as they adamantly maintain their innocence. What's it like 4 00:00:17,960 --> 00:00:20,520 Speaker 1: to be one of those imprisoned people, and what's it 5 00:00:20,640 --> 00:00:23,799 Speaker 1: like to be their ally, the one outside committed to 6 00:00:23,840 --> 00:00:27,520 Speaker 1: fighting for their freedom. I'm Lauren Bride Pacheco, and this 7 00:00:27,720 --> 00:00:38,000 Speaker 1: is wrongful conviction. On the evening of April twenty eighth, 8 00:00:38,120 --> 00:00:41,720 Speaker 1: nineteen eighty nine, in Chicago, Illinois, two teenage boys were 9 00:00:41,720 --> 00:00:45,760 Speaker 1: shot and killed. Based on eyewitness description, police created a 10 00:00:45,760 --> 00:00:49,400 Speaker 1: photo array that contained a photo of eighteen year old 11 00:00:49,640 --> 00:00:54,320 Speaker 1: Frank Benitez, who loosely fit the assailant's description. Frank was 12 00:00:54,320 --> 00:00:57,520 Speaker 1: selected out of the lineup and ultimately coerced in designing 13 00:00:57,560 --> 00:01:03,120 Speaker 1: a false confession, despite no evidence, physical or otherwise tying 14 00:01:03,200 --> 00:01:06,600 Speaker 1: him to the crime. Frank was sentenced to life without 15 00:01:06,720 --> 00:01:10,520 Speaker 1: parole for murders he did not commit. His mother, Betty, 16 00:01:11,000 --> 00:01:14,680 Speaker 1: would fight for his release for thirty four long years, 17 00:01:14,800 --> 00:01:17,640 Speaker 1: and they are both joining us today to share their 18 00:01:17,680 --> 00:01:21,880 Speaker 1: experiences and thoughts. Thank you, Betty and Frank so much 19 00:01:21,880 --> 00:01:22,520 Speaker 1: for joining me. 20 00:01:23,120 --> 00:01:24,920 Speaker 2: How you doing no problem? 21 00:01:25,319 --> 00:01:28,280 Speaker 1: So tell me before any of this started. I'd just 22 00:01:28,360 --> 00:01:32,640 Speaker 1: love to hear about what life was before all of 23 00:01:32,680 --> 00:01:35,280 Speaker 1: this took place. So Frank, tell me a little bit 24 00:01:35,319 --> 00:01:37,360 Speaker 1: about when and where you were born. 25 00:01:38,240 --> 00:01:42,400 Speaker 3: I was born in Chicago. Where were we at, mom. 26 00:01:42,600 --> 00:01:45,440 Speaker 2: When you were born? Yeah, we were living on Lowell. 27 00:01:46,000 --> 00:01:49,480 Speaker 3: Yeah. All four of us were born in the same hospital. 28 00:01:49,400 --> 00:01:53,400 Speaker 2: Same doctor, same hospital. So you grew up with three. 29 00:01:53,120 --> 00:01:55,640 Speaker 3: Siblings, two brothers and a sister. 30 00:01:55,920 --> 00:01:58,200 Speaker 1: And where were you and that rundown? 31 00:01:58,880 --> 00:01:59,680 Speaker 3: I'm the oldest. 32 00:02:01,120 --> 00:02:05,680 Speaker 1: So when this happened, you were just eighteen. What kind 33 00:02:05,680 --> 00:02:09,720 Speaker 1: of social circle were you running around with? What kind 34 00:02:09,720 --> 00:02:11,480 Speaker 1: of friends did you have? 35 00:02:13,040 --> 00:02:16,560 Speaker 3: I think I had some okay friends. I might might 36 00:02:16,600 --> 00:02:19,880 Speaker 3: have not had the best of friends, but they were 37 00:02:19,919 --> 00:02:21,960 Speaker 3: okay for a little while. I was running with some 38 00:02:22,040 --> 00:02:24,760 Speaker 3: bad people. I mean it was a mistake on my part. 39 00:02:24,800 --> 00:02:28,360 Speaker 3: But for the most part, our neighborhood was pretty quiet. 40 00:02:28,360 --> 00:02:29,800 Speaker 3: There wasn't a lot of stuff going on. 41 00:02:30,320 --> 00:02:33,880 Speaker 1: What were your goals at the age of eighteen? Where 42 00:02:33,880 --> 00:02:35,560 Speaker 1: did you see yourself in the future. 43 00:02:36,600 --> 00:02:39,400 Speaker 3: I really wanted to be an actor. My father was 44 00:02:39,440 --> 00:02:41,520 Speaker 3: trying to push me to be an actor, and I 45 00:02:41,600 --> 00:02:43,480 Speaker 3: was in a couple of plays when I was in school, 46 00:02:43,800 --> 00:02:45,200 Speaker 3: that's what I really wanted to do. I wanted to 47 00:02:45,240 --> 00:02:47,880 Speaker 3: be an actor, or I wanted to play sports. I 48 00:02:47,919 --> 00:02:51,519 Speaker 3: want to play football. And at eighteen, I didn't know 49 00:02:51,600 --> 00:02:54,240 Speaker 3: what I wanted to do. I know that I wanted 50 00:02:54,280 --> 00:02:56,519 Speaker 3: to be somebody. I wanted to get out of their neighborhood. 51 00:02:56,560 --> 00:02:58,320 Speaker 3: I wanted to get my family out of the neighborhood. 52 00:02:58,680 --> 00:03:01,680 Speaker 1: So take me to why you wanted to get your 53 00:03:01,680 --> 00:03:04,240 Speaker 1: family out of the neighborhood. What was the dynamic like 54 00:03:04,320 --> 00:03:07,240 Speaker 1: in the eighties, How would you describe the neighborhood and 55 00:03:07,240 --> 00:03:09,440 Speaker 1: what was it that you wanted to get away from. 56 00:03:10,320 --> 00:03:13,280 Speaker 3: I mean, when we first moved there, it was really 57 00:03:13,280 --> 00:03:16,560 Speaker 3: a nice place to live. You can leave your bicycle outside. 58 00:03:16,960 --> 00:03:20,799 Speaker 3: But then after a while started getting worse and worse, 59 00:03:20,840 --> 00:03:23,519 Speaker 3: and there was a little more crime. It was still quiet, 60 00:03:23,600 --> 00:03:26,360 Speaker 3: but you could see the riding on the wall that 61 00:03:26,440 --> 00:03:27,640 Speaker 3: it was going to be bad. 62 00:03:27,760 --> 00:03:31,320 Speaker 1: So things were getting increasingly more dangerous. It was just 63 00:03:32,120 --> 00:03:36,000 Speaker 1: not improving, all right. So take me to the night 64 00:03:36,120 --> 00:03:40,200 Speaker 1: all of this went down. At about eight forty five 65 00:03:40,280 --> 00:03:43,640 Speaker 1: on April twenty eighth, nineteen eighty nine, two fourteen year 66 00:03:43,680 --> 00:03:47,720 Speaker 1: old boys left their home on North Harding Avenue in Chicago, Illinois, 67 00:03:47,720 --> 00:03:50,480 Speaker 1: to walk to a corner store one block north, but 68 00:03:50,680 --> 00:03:54,360 Speaker 1: unfortunately they never arrived. Both were shot in the head 69 00:03:54,400 --> 00:03:57,440 Speaker 1: before they got there. One was found right outside the 70 00:03:57,480 --> 00:04:00,480 Speaker 1: family home and the other was found a bit further 71 00:04:00,640 --> 00:04:04,680 Speaker 1: up the block, and neither one survived. When did you 72 00:04:04,840 --> 00:04:08,280 Speaker 1: hear that this had happened, frank And where were you 73 00:04:08,440 --> 00:04:09,680 Speaker 1: at the time it went down? 74 00:04:10,640 --> 00:04:14,080 Speaker 3: Well, I was at this one woman's house that I 75 00:04:14,120 --> 00:04:16,880 Speaker 3: had known for a little while. I used to stay 76 00:04:16,880 --> 00:04:18,960 Speaker 3: at her house all the time, and I used to 77 00:04:19,240 --> 00:04:21,440 Speaker 3: hang out with her daughter. You know, good people to 78 00:04:21,480 --> 00:04:25,440 Speaker 3: be around. And later on that night one of my friends, 79 00:04:25,800 --> 00:04:28,560 Speaker 3: his sister, came by and said, hey, be careful, there 80 00:04:28,600 --> 00:04:30,560 Speaker 3: was just a shooting. We just heard about a shooting. 81 00:04:30,600 --> 00:04:33,080 Speaker 3: We didn't know there was a murder or anything like that. 82 00:04:33,440 --> 00:04:35,719 Speaker 1: How far were you physically, Like, how far was the 83 00:04:35,760 --> 00:04:39,640 Speaker 1: house you were watching television at from where the shooting 84 00:04:39,680 --> 00:04:40,520 Speaker 1: took place. 85 00:04:40,800 --> 00:04:45,960 Speaker 3: Maybe three or four blocks so close? Yeah, it was close, Betty. 86 00:04:46,040 --> 00:04:48,080 Speaker 1: Do you remember when you heard about the shooting. 87 00:04:49,640 --> 00:04:54,280 Speaker 2: Yeah, I heard about it the next afternoon because, uh, 88 00:04:54,600 --> 00:04:58,080 Speaker 2: Frankie was getting ready to go to the flea market 89 00:04:58,480 --> 00:05:03,200 Speaker 2: when police officers came knocking on the door. No big deal, 90 00:05:03,560 --> 00:05:06,840 Speaker 2: no big deal, and Frankie was more than willing to go. 91 00:05:07,279 --> 00:05:11,599 Speaker 2: I mean, you you hear and see how people run 92 00:05:12,320 --> 00:05:16,800 Speaker 2: hide everything. But no, Frankie was coming out of his 93 00:05:17,000 --> 00:05:21,560 Speaker 2: room and one of the police officers says, hey, you 94 00:05:21,640 --> 00:05:24,720 Speaker 2: want to come with us. We're doing a lineup or something. 95 00:05:25,120 --> 00:05:28,200 Speaker 2: And the police said we'll bring him back when we're done. Okay. 96 00:05:28,240 --> 00:05:32,279 Speaker 1: So the police came to your family's home and just 97 00:05:32,360 --> 00:05:34,040 Speaker 1: said that they needed your assistance. 98 00:05:34,120 --> 00:05:37,520 Speaker 2: They were just they were just asking you for assistance, 99 00:05:38,120 --> 00:05:39,000 Speaker 2: a little help. 100 00:05:39,200 --> 00:05:42,080 Speaker 1: That was it. And tell me how that unfolded from 101 00:05:42,200 --> 00:05:45,120 Speaker 1: your side of the story, frank I. 102 00:05:45,120 --> 00:05:46,560 Speaker 3: Mean they came and knocked on the door. I was 103 00:05:46,600 --> 00:05:48,680 Speaker 3: getting ready, like my mom said, for to go to 104 00:05:48,760 --> 00:05:52,520 Speaker 3: the flea market, and my little brother came said hey, 105 00:05:52,560 --> 00:05:54,400 Speaker 3: there's something. You know, there's a policeman at the door 106 00:05:54,680 --> 00:05:57,520 Speaker 3: looking for you. I'm like, okay, I'll go up there. 107 00:05:57,560 --> 00:05:59,840 Speaker 3: And he started asking did you hear about this? And 108 00:06:01,160 --> 00:06:02,680 Speaker 3: you'll know anything about it? I'm like, I don't know 109 00:06:02,720 --> 00:06:04,880 Speaker 3: anything about it. I heard there was something going on, 110 00:06:05,000 --> 00:06:08,000 Speaker 3: but as far as if I heard anybody, you know, 111 00:06:08,000 --> 00:06:09,920 Speaker 3: if anybody had done it or like that, I didn't 112 00:06:09,960 --> 00:06:12,960 Speaker 3: know anything. And next thing, you know, he was like, 113 00:06:12,960 --> 00:06:14,640 Speaker 3: come on, we need to take you down to get 114 00:06:14,640 --> 00:06:17,160 Speaker 3: in the lineup. I'm like, okay, I had nothing to hide. 115 00:06:17,400 --> 00:06:19,440 Speaker 3: I was one hundred percent confident that I was going 116 00:06:19,520 --> 00:06:21,760 Speaker 3: to be released later that day after the lineup. 117 00:06:22,520 --> 00:06:24,240 Speaker 1: So what was your first lineup. 118 00:06:25,720 --> 00:06:28,279 Speaker 3: After the lineup? When they told me they had picked 119 00:06:28,320 --> 00:06:30,680 Speaker 3: me out of lineup? No, that's impossible. I had nothing 120 00:06:30,680 --> 00:06:32,599 Speaker 3: to do with it. They questioned me. They asked me 121 00:06:32,640 --> 00:06:34,799 Speaker 3: where I was at. At first, it was just general 122 00:06:34,880 --> 00:06:38,640 Speaker 3: questions and then the pressure starts and as we know 123 00:06:38,720 --> 00:06:40,599 Speaker 3: you did it, you got picked out. I'm like, no, 124 00:06:40,760 --> 00:06:44,159 Speaker 3: that's impossible. They're lying. Oh they're lying. Yet you're wrong. 125 00:06:44,279 --> 00:06:46,360 Speaker 3: You're the one line. I'm like, no, i'm not. Where 126 00:06:46,400 --> 00:06:47,680 Speaker 3: were you at? And I told them where I was 127 00:06:47,720 --> 00:06:49,839 Speaker 3: at and they were like, no, you're lying. And it 128 00:06:49,880 --> 00:06:50,919 Speaker 3: was just constant pressure. 129 00:06:51,560 --> 00:06:55,039 Speaker 1: Are you asking to go home? Are you asking for 130 00:06:55,120 --> 00:06:55,479 Speaker 1: your mother? 131 00:06:55,640 --> 00:06:59,640 Speaker 3: Are you asking for Yeah, I'm definitely asking for my mom. 132 00:06:59,720 --> 00:07:01,600 Speaker 3: Like I want to talk to my mom, Like no, 133 00:07:01,720 --> 00:07:03,160 Speaker 3: you can't talk to her. You're never going to see 134 00:07:03,200 --> 00:07:06,560 Speaker 3: her again. I guess that's the kind of psychological games 135 00:07:06,560 --> 00:07:07,040 Speaker 3: that they. 136 00:07:06,920 --> 00:07:10,240 Speaker 1: Play, and what kind of tactics were used against you. 137 00:07:11,160 --> 00:07:14,480 Speaker 3: I didn't suffer any physical abuse, thankfully, but I think 138 00:07:14,520 --> 00:07:19,080 Speaker 3: the mental abuse was even worse because they pick on 139 00:07:19,160 --> 00:07:23,080 Speaker 3: something and then they just drive it. I guess they figured, Okay, 140 00:07:23,120 --> 00:07:26,480 Speaker 3: this is a mama's boy, let's go with the mom. Now. 141 00:07:26,840 --> 00:07:29,119 Speaker 1: It's not like this went on for half an hour 142 00:07:29,360 --> 00:07:29,920 Speaker 1: or an hour. 143 00:07:30,560 --> 00:07:32,760 Speaker 3: No, I got to the station. Well, they picked me 144 00:07:32,840 --> 00:07:38,560 Speaker 3: up around twelve thirty, and then I was there all night. 145 00:07:39,320 --> 00:07:44,480 Speaker 3: From what I remember, I signed the core statement at 146 00:07:44,520 --> 00:07:48,120 Speaker 3: four three thirty, four to thirty in the morning. So 147 00:07:48,160 --> 00:07:52,120 Speaker 3: you're talking about, you know, sixteen plus hours. 148 00:07:52,600 --> 00:07:57,560 Speaker 1: The two detectives who questioned you apparently already had a 149 00:07:57,640 --> 00:08:02,320 Speaker 1: history of doing this in terms of coercing false confessions. 150 00:08:02,920 --> 00:08:06,080 Speaker 1: But did they have you write out something? Did they 151 00:08:06,160 --> 00:08:06,800 Speaker 1: write it out? 152 00:08:07,040 --> 00:08:07,400 Speaker 2: How? 153 00:08:07,880 --> 00:08:08,840 Speaker 1: What did you sign? 154 00:08:09,560 --> 00:08:12,600 Speaker 3: They wrote everything out. They wrote everything out. They said, 155 00:08:12,600 --> 00:08:15,640 Speaker 3: we're going to prepare a statement for you that is 156 00:08:15,720 --> 00:08:18,480 Speaker 3: self defense. You'll sign it and you'll go home that 157 00:08:18,680 --> 00:08:20,800 Speaker 3: right after you sign it, we're going to get the 158 00:08:20,840 --> 00:08:23,640 Speaker 3: stage attorney over there so she can witness it, and 159 00:08:23,680 --> 00:08:24,760 Speaker 3: you're good to go. 160 00:08:25,560 --> 00:08:28,160 Speaker 1: It didn't happen, so they made it sound like it 161 00:08:28,200 --> 00:08:30,800 Speaker 1: was just kind of a formality and that they were 162 00:08:30,800 --> 00:08:32,560 Speaker 1: going to make it look like it wasn't your fault anyway. 163 00:08:32,559 --> 00:08:34,680 Speaker 1: You just sign it, you get to go home, right? 164 00:08:35,480 --> 00:08:36,480 Speaker 1: Did you get to go home? 165 00:08:37,320 --> 00:08:39,920 Speaker 3: Obviously not. I spent thirty four years and four months 166 00:08:39,920 --> 00:08:41,959 Speaker 3: in prison, Betty. 167 00:08:42,040 --> 00:08:45,920 Speaker 1: What's going on on your end while your son's being 168 00:08:45,960 --> 00:08:48,160 Speaker 1: held overnight? What are you thinking? 169 00:08:49,679 --> 00:08:54,200 Speaker 2: Well, when he didn't come home by eleven o'clock at 170 00:08:54,320 --> 00:08:58,480 Speaker 2: night that night, that Saturday night, me and my mother 171 00:08:58,480 --> 00:09:01,760 Speaker 2: in law, we just started calling the police station. Every 172 00:09:01,800 --> 00:09:04,960 Speaker 2: police station we called, they said, who, We don't have 173 00:09:05,040 --> 00:09:08,480 Speaker 2: nobody here by that name. We couldn't even locate him. 174 00:09:09,000 --> 00:09:11,920 Speaker 3: And you have to remember this is before cell phone though, 175 00:09:12,400 --> 00:09:14,000 Speaker 3: it's hard to get in contact with people. 176 00:09:14,120 --> 00:09:18,400 Speaker 2: I called so many police stations that it was unreal. 177 00:09:19,040 --> 00:09:22,199 Speaker 1: So you must have been panicked. You're like desperately trying 178 00:09:22,200 --> 00:09:22,880 Speaker 1: to find your son. 179 00:09:23,720 --> 00:09:29,040 Speaker 2: Yeah, my mother, my mother in law, she was crying 180 00:09:29,400 --> 00:09:33,880 Speaker 2: because we couldn't find Frankie. It was just like, where 181 00:09:34,280 --> 00:09:37,160 Speaker 2: could he have been? Because he wouldn't stay out that late. 182 00:09:37,720 --> 00:09:40,320 Speaker 2: Frankie would come home at a decent time so that 183 00:09:40,880 --> 00:09:42,440 Speaker 2: we wouldn't worry about him. 184 00:09:43,240 --> 00:09:45,640 Speaker 1: So when did you next connect with your mom? 185 00:09:47,400 --> 00:09:50,280 Speaker 3: When I got to the Kokanie jail, I was able 186 00:09:50,320 --> 00:09:53,880 Speaker 3: to make a phone call. I called the house and 187 00:09:54,240 --> 00:09:56,440 Speaker 3: I can't remember what do you remember what time it was? Mom? 188 00:09:57,640 --> 00:10:02,040 Speaker 2: Oh, it was late because we were still trying to 189 00:10:02,080 --> 00:10:02,800 Speaker 2: find you. 190 00:10:02,800 --> 00:10:05,520 Speaker 3: Right, And I know when I talked to my grandmother, 191 00:10:05,720 --> 00:10:09,640 Speaker 3: she was like, what happened? What's going on? I'm like, why, 192 00:10:09,679 --> 00:10:11,400 Speaker 3: what are you talking about? She says, you were just 193 00:10:11,440 --> 00:10:14,000 Speaker 3: all over the news and I'm like, well, so I said, 194 00:10:14,040 --> 00:10:15,520 Speaker 3: let me talk to mom and I explain it to you. 195 00:10:15,559 --> 00:10:18,200 Speaker 3: And I asked my mom what was going on? She said, yeah, 196 00:10:18,200 --> 00:10:21,840 Speaker 3: you're all over the news. And like, no, it can't 197 00:10:21,880 --> 00:10:22,240 Speaker 3: be right. 198 00:10:22,320 --> 00:10:26,880 Speaker 1: I mean, no, wait, So Betty, you found out that 199 00:10:27,000 --> 00:10:32,160 Speaker 1: your son was arrested on the news on the news. 200 00:10:32,840 --> 00:10:34,280 Speaker 1: What was that like for you? 201 00:10:35,679 --> 00:10:38,959 Speaker 2: It was like what? Because at the same time we 202 00:10:38,960 --> 00:10:42,200 Speaker 2: were listening to it on the news, Frankie was calling 203 00:10:42,320 --> 00:10:45,920 Speaker 2: us and Frankie told me, he goes, Mom, I've been 204 00:10:46,040 --> 00:10:50,480 Speaker 2: arrested for murder. And I'm going what. My mother in 205 00:10:50,600 --> 00:10:53,840 Speaker 2: law is screaming, my father in law is trying to 206 00:10:53,920 --> 00:10:58,679 Speaker 2: console her. It was just a mess. And I had 207 00:10:58,720 --> 00:11:01,240 Speaker 2: told Frankie, I said, we've been trying to find you 208 00:11:01,440 --> 00:11:03,880 Speaker 2: all night. What happened? 209 00:11:04,880 --> 00:11:07,760 Speaker 1: How do you even explain that when you're eighteen, frank 210 00:11:07,800 --> 00:11:10,240 Speaker 1: how do you even explain to your mother that you've 211 00:11:10,240 --> 00:11:11,360 Speaker 1: signed a confession? 212 00:11:12,480 --> 00:11:14,760 Speaker 3: I mean I automatically told her I was scared, and 213 00:11:14,800 --> 00:11:16,120 Speaker 3: they told me I was going to go home, and 214 00:11:17,280 --> 00:11:20,760 Speaker 3: you know, she called me stupid, of course, but I 215 00:11:20,800 --> 00:11:23,280 Speaker 3: didn't know anybotter. I was eighteen and. 216 00:11:23,160 --> 00:11:27,439 Speaker 1: You'd asked for your mother. Yes, you didn't have a lawyer? No, no, 217 00:11:27,559 --> 00:11:31,760 Speaker 1: So what goes through your head at that point? Betty 218 00:11:31,840 --> 00:11:33,560 Speaker 1: as like a mom of four kids. 219 00:11:34,040 --> 00:11:34,960 Speaker 2: They've made a mistake. 220 00:11:35,000 --> 00:11:36,079 Speaker 1: You want your son back. 221 00:11:36,720 --> 00:11:39,960 Speaker 2: Yeah, And it was like, now, this is what I 222 00:11:40,120 --> 00:11:45,880 Speaker 2: found out afterwards when I was calling the police stations 223 00:11:46,080 --> 00:11:49,839 Speaker 2: to find out where Frankie was at, they said they 224 00:11:49,880 --> 00:11:54,600 Speaker 2: never had him until they booked him. They didn't even 225 00:11:54,960 --> 00:12:02,959 Speaker 2: know anything. So it was it was it was difficult. 226 00:12:03,920 --> 00:12:06,960 Speaker 2: And then when I found out that he had been 227 00:12:06,960 --> 00:12:14,000 Speaker 2: booked for murder, I'm asking, Okay, what's what's the next step. 228 00:12:14,320 --> 00:12:19,720 Speaker 2: We didn't know anything about any of these processes. We 229 00:12:20,080 --> 00:12:23,800 Speaker 2: I mean, we're hillbilly's. I'm a hillbilly. I'm from the South. 230 00:12:24,840 --> 00:12:27,920 Speaker 2: My husband and his parents were from Mexico. I mean, 231 00:12:28,320 --> 00:12:31,120 Speaker 2: I always grew up with the knowledge that the cops 232 00:12:31,160 --> 00:12:33,840 Speaker 2: were good, and then this happened. 233 00:12:34,840 --> 00:12:37,040 Speaker 1: Yeah, but I mean, I can't even imagine. Look if 234 00:12:37,080 --> 00:12:40,600 Speaker 1: this happened to me tomorrow, even knowing everything that I know, 235 00:12:41,400 --> 00:12:45,040 Speaker 1: You're not just up against one person, it's not a mistake. 236 00:12:45,120 --> 00:12:50,600 Speaker 1: You're up against an entire system, an entire system and 237 00:12:50,840 --> 00:12:51,800 Speaker 1: the media. 238 00:12:52,640 --> 00:12:58,200 Speaker 2: Yeah. I still have the paper clipping from the trial 239 00:12:58,960 --> 00:13:00,280 Speaker 2: that they did on my son. 240 00:13:00,640 --> 00:13:04,080 Speaker 1: I've kept it for thirty four years. How did you 241 00:13:04,160 --> 00:13:07,840 Speaker 1: get through that? Finding out your son was in prison, 242 00:13:08,360 --> 00:13:11,120 Speaker 1: that he's confessed to a crime that he didn't commit, 243 00:13:11,600 --> 00:13:15,320 Speaker 1: that nobody is going to help you get him out. 244 00:13:16,640 --> 00:13:21,959 Speaker 2: It was real hard because we didn't know nobody. If 245 00:13:22,000 --> 00:13:26,040 Speaker 2: you don't know lawyers, or if you don't know the 246 00:13:26,160 --> 00:13:30,080 Speaker 2: ins and outs of things, it's like, what do I 247 00:13:30,200 --> 00:13:31,840 Speaker 2: do now? What do I do now? 248 00:13:32,080 --> 00:13:38,120 Speaker 1: It's hard, It's very hard. So take me to the 249 00:13:38,120 --> 00:13:41,600 Speaker 1: first time you physically saw each other after this happened, 250 00:13:41,640 --> 00:13:46,080 Speaker 1: because that's what really hit me. As a mother of 251 00:13:46,160 --> 00:13:50,240 Speaker 1: a son who's now about to turn twenty, he's still 252 00:13:50,280 --> 00:13:54,000 Speaker 1: a kid on some levels, and I just can't imagine 253 00:13:55,040 --> 00:13:57,600 Speaker 1: not being able to hug him. 254 00:13:57,320 --> 00:14:02,000 Speaker 2: Right right when we went to the bail hearing for him. 255 00:14:02,480 --> 00:14:07,120 Speaker 2: I saw him for about two minutes. He walked out 256 00:14:07,640 --> 00:14:10,920 Speaker 2: from the back, stood in front of the judge. The 257 00:14:11,000 --> 00:14:15,840 Speaker 2: state was there, the public defender was there, and the 258 00:14:15,920 --> 00:14:20,320 Speaker 2: judge said no bail. And that's when they said he's 259 00:14:20,440 --> 00:14:25,040 Speaker 2: being charged with two counts of murder in the first degree. 260 00:14:25,280 --> 00:14:27,440 Speaker 2: The only thing I could do was cry. I couldn't 261 00:14:27,440 --> 00:14:36,400 Speaker 2: do anything. Oh and from there I saw him and 262 00:14:36,440 --> 00:14:40,560 Speaker 2: then they took him back to the back. Then we 263 00:14:40,680 --> 00:14:45,560 Speaker 2: went to the bond hearing and they said no bond 264 00:14:46,400 --> 00:14:49,960 Speaker 2: and we left there and it's like, what do we 265 00:14:50,000 --> 00:14:54,320 Speaker 2: do now? I mean, the next step, of course, is 266 00:14:54,360 --> 00:14:58,800 Speaker 2: to get a lawyer. They assigned a public defender to him. 267 00:14:59,560 --> 00:15:03,160 Speaker 2: At the first time I met that public defender, the 268 00:15:03,200 --> 00:15:06,400 Speaker 2: public defender says, they're going to look for the death penalty, 269 00:15:07,680 --> 00:15:10,720 Speaker 2: and I'm going what. And then he says, you know, 270 00:15:10,880 --> 00:15:14,160 Speaker 2: your best bet is having plead guilty. They'll give him 271 00:15:14,240 --> 00:15:17,680 Speaker 2: life in prison without the possibility of parole, but he'll 272 00:15:17,720 --> 00:15:22,400 Speaker 2: be alive. And I asked the lawyer, why would I 273 00:15:22,440 --> 00:15:25,480 Speaker 2: want to tell Frankie to confess to something he didn't 274 00:15:25,520 --> 00:15:29,520 Speaker 2: even do. After that, my husband and I we went 275 00:15:29,560 --> 00:15:34,120 Speaker 2: home and my mother in law asked me what happened, 276 00:15:34,320 --> 00:15:38,040 Speaker 2: and I told her we thought she was going to 277 00:15:38,080 --> 00:15:41,560 Speaker 2: have a heart attack. She was screaming and crying so hard. 278 00:15:42,880 --> 00:15:45,880 Speaker 2: We had to call other parts of our family to 279 00:15:46,000 --> 00:15:48,960 Speaker 2: come and help her because we didn't know what to do. 280 00:15:49,840 --> 00:15:55,040 Speaker 2: So then my husband, he had a few friends that 281 00:15:55,240 --> 00:15:59,160 Speaker 2: worked for the Cook County sheriffs, so a couple of 282 00:15:59,200 --> 00:16:01,960 Speaker 2: them said, Okay, I will give you some names of lawyers, 283 00:16:03,200 --> 00:16:06,960 Speaker 2: and you know, go from there. But if you don't 284 00:16:07,280 --> 00:16:12,080 Speaker 2: know lawyers, if you don't know what they're good at, 285 00:16:12,560 --> 00:16:15,920 Speaker 2: you just try to find what you can afford and 286 00:16:15,960 --> 00:16:16,560 Speaker 2: go with it. 287 00:16:17,320 --> 00:16:21,480 Speaker 1: Had you ever felt that kind of helplessness before? 288 00:16:22,200 --> 00:16:27,480 Speaker 2: No? No, And here I am. I have to go 289 00:16:27,520 --> 00:16:31,440 Speaker 2: to work in order to feed my family, help pay 290 00:16:31,480 --> 00:16:36,880 Speaker 2: the bills. When all this was going on, and I 291 00:16:36,920 --> 00:16:40,360 Speaker 2: had talked to my employers and I told them I'm 292 00:16:40,400 --> 00:16:43,080 Speaker 2: going to have to be going to court for my son, 293 00:16:43,480 --> 00:16:47,080 Speaker 2: and we made an agreement because at that time, I 294 00:16:47,280 --> 00:16:53,120 Speaker 2: was like payroll, that was my job and I was 295 00:16:53,160 --> 00:16:55,840 Speaker 2: the only one who did it. There was no backup. 296 00:16:56,760 --> 00:17:01,080 Speaker 2: So I would go to court with him every six 297 00:17:01,160 --> 00:17:05,159 Speaker 2: weeks because that's how they scheduled his court dates and 298 00:17:05,240 --> 00:17:07,399 Speaker 2: every time we would go to court, they would say, 299 00:17:08,119 --> 00:17:12,000 Speaker 2: we're not ready at we're still gathering evidence, we're doing this, 300 00:17:12,440 --> 00:17:15,520 Speaker 2: we're doing that, And every time we'd go it was 301 00:17:15,560 --> 00:17:19,679 Speaker 2: a different person from the state his visitation. He was 302 00:17:19,800 --> 00:17:22,320 Speaker 2: housed at what they used to call. 303 00:17:22,240 --> 00:17:24,800 Speaker 3: Max one Division one. 304 00:17:24,800 --> 00:17:28,359 Speaker 2: Division one at eighteen and that's the prison that was 305 00:17:28,440 --> 00:17:31,640 Speaker 2: crumbling that they're tearing down or replaced. Now. 306 00:17:32,560 --> 00:17:34,800 Speaker 3: Yeah, it was the original jail. 307 00:17:35,080 --> 00:17:37,919 Speaker 2: I mean, it wasn't call you on the phone anytime 308 00:17:38,000 --> 00:17:42,520 Speaker 2: you wanted. You had thirty minutes. They gave you a 309 00:17:42,600 --> 00:17:47,080 Speaker 2: list of what you could bring in, which was basically close. 310 00:17:48,400 --> 00:17:49,360 Speaker 2: That was about it. 311 00:17:50,600 --> 00:17:53,959 Speaker 1: What was that transition like for you for that to 312 00:17:54,000 --> 00:17:55,760 Speaker 1: become your day to day reality. 313 00:17:56,359 --> 00:17:58,919 Speaker 3: I mean it was kind of rough. I'm being thrown 314 00:17:59,440 --> 00:18:03,479 Speaker 3: in a place where I know I don't belong, so 315 00:18:03,880 --> 00:18:06,120 Speaker 3: I mean I had to act like I was kind 316 00:18:06,119 --> 00:18:09,760 Speaker 3: of tough, and I'm not really tough. It's just every 317 00:18:09,800 --> 00:18:13,680 Speaker 3: day surrounded by people that probably did what they're locked 318 00:18:13,720 --> 00:18:17,639 Speaker 3: up for, and mostly murderers. I mean, back then there 319 00:18:17,720 --> 00:18:20,439 Speaker 3: was no internet, so you didn't know if these guys 320 00:18:20,440 --> 00:18:23,160 Speaker 3: were charged with sex offenses or anything like that. But 321 00:18:23,320 --> 00:18:25,399 Speaker 3: most of the guys there were locked up for murder. 322 00:18:26,119 --> 00:18:28,840 Speaker 3: They were going to trial for murder. So I used 323 00:18:28,880 --> 00:18:31,840 Speaker 3: to think to myself, you know, what am I doing here? 324 00:18:31,880 --> 00:18:35,159 Speaker 3: What led me to this? And it was just it 325 00:18:35,240 --> 00:18:37,280 Speaker 3: was hard. I mean there were times when I was 326 00:18:37,320 --> 00:18:39,880 Speaker 3: by myself that I would cry, Yeah. 327 00:18:40,000 --> 00:18:44,560 Speaker 1: I mean eighteen and talk about wanting to be an actor. 328 00:18:44,640 --> 00:18:50,480 Speaker 1: Suddenly you have to act to stay alive. Basically I was. 329 00:18:51,320 --> 00:18:53,480 Speaker 3: I was in the role for my life. I had 330 00:18:53,480 --> 00:18:55,800 Speaker 3: to act as a certain part and it was kind 331 00:18:55,800 --> 00:18:58,080 Speaker 3: of hard because that's not me at all, you know, Yeah, 332 00:18:58,080 --> 00:19:13,240 Speaker 3: I'm bad, you know, leave me alone. 333 00:19:14,040 --> 00:19:17,439 Speaker 1: So you're held for almost a year and a half 334 00:19:17,480 --> 00:19:18,280 Speaker 1: before trial. 335 00:19:19,440 --> 00:19:23,199 Speaker 3: I got locked up in April of eighty nine and 336 00:19:23,240 --> 00:19:28,080 Speaker 3: then the trial was in August of ninety one, so 337 00:19:28,160 --> 00:19:29,400 Speaker 3: a little over two years. 338 00:19:29,960 --> 00:19:32,399 Speaker 1: So your mama described the place you were being held 339 00:19:32,400 --> 00:19:35,160 Speaker 1: awaiting trial is kind of crumbling. But what was that 340 00:19:35,400 --> 00:19:38,720 Speaker 1: like physically and what kind of a cell were you in? 341 00:19:38,840 --> 00:19:40,720 Speaker 1: Did you have a cell mate? 342 00:19:41,440 --> 00:19:45,000 Speaker 3: Yeah? I had a cell mate. Yeah, it's close quarters 343 00:19:45,119 --> 00:19:47,320 Speaker 3: and division one. They didn't have bunk beds, so you're 344 00:19:47,440 --> 00:19:51,160 Speaker 3: laying basically side by side with somebody else. So being 345 00:19:51,200 --> 00:19:54,080 Speaker 3: in the cell with somebody, they're using a washroom and 346 00:19:54,800 --> 00:19:57,440 Speaker 3: you know, doing what they do. It's just it's hard. 347 00:19:58,119 --> 00:19:59,680 Speaker 3: You're living in your own bedroom. 348 00:20:01,240 --> 00:20:04,159 Speaker 1: I can imagine Betty that every single time you went 349 00:20:04,240 --> 00:20:08,640 Speaker 1: to visit him, he was growing older and more mature 350 00:20:08,840 --> 00:20:10,760 Speaker 1: and kind of a heartbreaking way. 351 00:20:11,119 --> 00:20:12,959 Speaker 2: Oh yeah. Yeah. 352 00:20:13,000 --> 00:20:17,399 Speaker 1: Heading into the trial, did you still have the hope 353 00:20:17,960 --> 00:20:20,800 Speaker 1: that this was all a nightmare mistake? 354 00:20:21,359 --> 00:20:27,760 Speaker 2: Yes? Yes, it was a three day court trial with 355 00:20:27,800 --> 00:20:31,000 Speaker 2: a jury of twelve. One of the alternate jurors she 356 00:20:31,160 --> 00:20:36,159 Speaker 2: came out and says, there is nothing there. There is 357 00:20:36,359 --> 00:20:41,200 Speaker 2: absolutely nothing there at all. That kind of gave me hope. 358 00:20:41,560 --> 00:20:46,080 Speaker 1: So, Frank, just in terms of your defense, you have 359 00:20:48,320 --> 00:20:51,800 Speaker 1: proof that it was a coerced confession because it doesn't 360 00:20:51,840 --> 00:20:57,399 Speaker 1: align with the way in which the eyewitnesses testified to 361 00:20:57,800 --> 00:21:03,679 Speaker 1: the crime unfolding of an alibi. You have all of 362 00:21:03,720 --> 00:21:08,320 Speaker 1: the things you did during that day. You must have 363 00:21:08,359 --> 00:21:12,280 Speaker 1: felt like, how can they find me guilty? I'm innocent 364 00:21:12,720 --> 00:21:13,600 Speaker 1: and I can prove it. 365 00:21:14,280 --> 00:21:16,359 Speaker 3: Yeah, it's kind of hard. I mean, remember this is 366 00:21:16,400 --> 00:21:18,640 Speaker 3: back in the eighties, and everything that the police said, 367 00:21:18,720 --> 00:21:21,399 Speaker 3: the state's attorney said, people are gonna go with it. 368 00:21:22,440 --> 00:21:24,720 Speaker 3: They didn't have the cell phone cameras, they didn't have 369 00:21:25,480 --> 00:21:28,360 Speaker 3: people coming forward like they do now. And the whole 370 00:21:28,400 --> 00:21:31,240 Speaker 3: trial was frustrating. I mean, knowing that you're innocent, you 371 00:21:31,240 --> 00:21:33,280 Speaker 3: want to scream at the top of your lung, I'm innocent, 372 00:21:33,440 --> 00:21:34,760 Speaker 3: do not find me guilty. 373 00:21:35,880 --> 00:21:40,880 Speaker 1: What was it like though, to realize that the system 374 00:21:40,960 --> 00:21:43,600 Speaker 1: wasn't playing by the rules. For you both to sit 375 00:21:43,640 --> 00:21:47,480 Speaker 1: in that trial and know that officers of the law 376 00:21:47,520 --> 00:21:49,959 Speaker 1: were misrepresenting the truth. 377 00:21:51,880 --> 00:21:57,480 Speaker 3: It was frustrating because you're sitting there listening to people lie, 378 00:21:57,960 --> 00:21:59,560 Speaker 3: lie on top of lie, and there's nothing you can 379 00:21:59,600 --> 00:22:02,680 Speaker 3: do it because the lawyers are saying, hey, we can't 380 00:22:02,760 --> 00:22:04,919 Speaker 3: point out their lives because it's just going to make 381 00:22:04,920 --> 00:22:09,040 Speaker 3: you look like a liar. So it's frustrating, and. 382 00:22:09,119 --> 00:22:13,960 Speaker 1: You had an airtight alibi. If we can just go 383 00:22:14,040 --> 00:22:17,480 Speaker 1: back quickly and describe your whereabouts that day, you picked 384 00:22:17,520 --> 00:22:21,680 Speaker 1: up a paycheck, You went to the mall, Then you 385 00:22:21,960 --> 00:22:25,919 Speaker 1: went to the barber shop to get a haircut, and 386 00:22:25,960 --> 00:22:28,800 Speaker 1: that's important, I want to bring that back up. Then 387 00:22:29,200 --> 00:22:32,920 Speaker 1: you went to your friend's house where you watched television. 388 00:22:33,520 --> 00:22:35,800 Speaker 3: Yeah, I still remember that. I still remember the movie 389 00:22:36,000 --> 00:22:39,680 Speaker 3: and the channel was on. There's Beetlejuice on HBO. I'll 390 00:22:39,720 --> 00:22:40,639 Speaker 3: never forget it. 391 00:22:41,000 --> 00:22:43,240 Speaker 1: And then you guys walked to the corner store to 392 00:22:43,320 --> 00:22:47,040 Speaker 1: buy limes, a TV guide, dish soap, and you were 393 00:22:47,040 --> 00:22:49,480 Speaker 1: back by seven forty five. I just thought it was 394 00:22:49,520 --> 00:22:54,359 Speaker 1: so interesting because one of the eyewitness statements that the 395 00:22:54,400 --> 00:22:58,880 Speaker 1: police turned around was that this woman saw the gunman 396 00:22:59,000 --> 00:23:03,840 Speaker 1: running and thought, he looks like he just had a haircut. Yeah, 397 00:23:03,880 --> 00:23:08,720 Speaker 1: I know, right, which just seems like such a frame 398 00:23:09,040 --> 00:23:12,720 Speaker 1: job to me. Who looks at somebody running by and goes, wow, 399 00:23:13,720 --> 00:23:16,359 Speaker 1: they look like they just had a haircut. It was 400 00:23:16,440 --> 00:23:19,960 Speaker 1: such a random thing to throw in there. So when 401 00:23:20,000 --> 00:23:24,040 Speaker 1: the jury headed into deliberations, were you both still confident 402 00:23:24,200 --> 00:23:27,320 Speaker 1: that this was a runaway train and the brakes were 403 00:23:27,320 --> 00:23:29,560 Speaker 1: going to get put on and this nightmare would be over? 404 00:23:31,080 --> 00:23:37,879 Speaker 2: Yeah? Yeah, I mean from what I heard in the courtroom, 405 00:23:38,160 --> 00:23:43,960 Speaker 2: all the evidence that they put forth, everything that they said, 406 00:23:45,080 --> 00:23:51,000 Speaker 2: nothing matches. How can you find a person guilty if 407 00:23:51,080 --> 00:23:58,520 Speaker 2: everything doesn't match. The state is saying this, your lawyers 408 00:23:58,560 --> 00:24:01,560 Speaker 2: are saying this, and the two don't match at all. 409 00:24:02,800 --> 00:24:05,760 Speaker 2: It's like, how can this be? 410 00:24:06,480 --> 00:24:11,960 Speaker 1: There has to at least be reasonable doubt, right, right, right? 411 00:24:12,800 --> 00:24:18,919 Speaker 2: And when the jury went to deliberate an hour and 412 00:24:19,000 --> 00:24:22,000 Speaker 2: twenty five minutes and that's including lunch. 413 00:24:22,600 --> 00:24:25,800 Speaker 1: Rank. Now take me to the moment of the verdict. 414 00:24:26,520 --> 00:24:28,600 Speaker 3: I just had a feeling that it was going to 415 00:24:28,680 --> 00:24:32,600 Speaker 3: be bad, just the feeling. And then when they read 416 00:24:32,640 --> 00:24:35,800 Speaker 3: the guilty verdict, all I can hear was my sister 417 00:24:36,720 --> 00:24:46,000 Speaker 3: in the courtroom, just I've never heard of cry. 418 00:24:45,840 --> 00:25:10,240 Speaker 1: Like that, Betty. What was that like for you? 419 00:25:11,280 --> 00:25:14,600 Speaker 2: Heartbreaking? So hard? 420 00:25:16,600 --> 00:25:17,399 Speaker 3: Yeah, it was hard. 421 00:25:18,119 --> 00:25:27,600 Speaker 1: I cannot imagine the definition of powerless better defined. There's 422 00:25:27,680 --> 00:25:32,399 Speaker 1: nothing you can do, no, nope. 423 00:25:33,640 --> 00:25:39,520 Speaker 2: And then it's like, now what do I do because 424 00:25:39,560 --> 00:25:47,680 Speaker 2: you're still you're still naive but na to not understand 425 00:25:48,720 --> 00:25:55,639 Speaker 2: what the next steps will be because there's no rhyme 426 00:25:55,720 --> 00:26:01,800 Speaker 2: or reason to anything, because you've never had these problems before. 427 00:26:02,760 --> 00:26:04,280 Speaker 1: Take me to the sentencing. 428 00:26:05,000 --> 00:26:10,840 Speaker 2: Well, it's another court appearance and you go before the judge, 429 00:26:11,600 --> 00:26:17,760 Speaker 2: and the judge basically reads what the sentence is going 430 00:26:17,800 --> 00:26:18,320 Speaker 2: to be. 431 00:26:19,600 --> 00:26:24,720 Speaker 1: And Judge Barbara Disco denied the prosecution's request to impose 432 00:26:25,080 --> 00:26:30,960 Speaker 1: the death penalty correct and sentenced Frank to life in 433 00:26:31,040 --> 00:26:37,240 Speaker 1: prison without parole twice. Two life sentences. 434 00:26:37,280 --> 00:26:43,120 Speaker 2: Correct correct, two life sentences without the possibility of parole. 435 00:26:47,880 --> 00:26:51,359 Speaker 1: You're listening to Wrongful Conviction with Lauren Bright Pacheco. You 436 00:26:51,359 --> 00:26:53,640 Speaker 1: can listen to this and all the Lava for Good 437 00:26:53,680 --> 00:26:57,600 Speaker 1: podcasts one week early and ad free by subscribing to 438 00:26:57,720 --> 00:27:00,320 Speaker 1: Lava for Good Plus on Apple podcast Gusts. 439 00:27:09,920 --> 00:27:14,040 Speaker 2: Then that's when they placed you in different prisons, and 440 00:27:14,240 --> 00:27:18,800 Speaker 2: his first stop was Minard. It's an eight hour drive 441 00:27:19,000 --> 00:27:26,080 Speaker 2: from Chicago to Monards and you have to have a car, 442 00:27:26,320 --> 00:27:30,320 Speaker 2: you have to have gas money, food money, and travel time. 443 00:27:31,240 --> 00:27:36,720 Speaker 1: Yeah, Frank, how does your day to day change immediately? 444 00:27:37,800 --> 00:27:41,280 Speaker 3: I mean, now you know you're surrounded by people that 445 00:27:41,359 --> 00:27:45,119 Speaker 3: are bad, I mean gangs ran the prisons back. 446 00:27:45,000 --> 00:27:49,119 Speaker 1: Then, you're in prison for life. How did you process 447 00:27:49,200 --> 00:27:51,359 Speaker 1: that mentally physically both of you? 448 00:27:52,840 --> 00:27:56,520 Speaker 3: Me personally, I always went into it where I'm coming 449 00:27:56,520 --> 00:27:57,200 Speaker 3: home one day. 450 00:27:58,960 --> 00:27:59,200 Speaker 2: Yep. 451 00:28:00,200 --> 00:28:02,960 Speaker 3: I lived every day I'm coming home. I'm coming home. 452 00:28:03,400 --> 00:28:07,719 Speaker 3: And my mom was my biggest cheerleader. All my family was, 453 00:28:07,760 --> 00:28:10,959 Speaker 3: but especially my mom. She used to tell me all 454 00:28:11,000 --> 00:28:12,800 Speaker 3: the time, you're coming home, You're coming home, Just give 455 00:28:12,840 --> 00:28:13,920 Speaker 3: us some time. Yep. 456 00:28:14,000 --> 00:28:15,680 Speaker 2: I didn't know it was going to take this much 457 00:28:15,840 --> 00:28:16,440 Speaker 2: time though. 458 00:28:17,880 --> 00:28:23,000 Speaker 1: Yeah, So how does life change immediately for both of you? 459 00:28:23,119 --> 00:28:28,760 Speaker 1: After that sentencing? Betty, You've already said. Now it's pretty 460 00:28:28,800 --> 00:28:31,400 Speaker 1: much a day's journey there and back to go see 461 00:28:31,400 --> 00:28:31,800 Speaker 1: your son. 462 00:28:32,440 --> 00:28:35,480 Speaker 2: Yeah, we would leave on a Friday night and we 463 00:28:35,520 --> 00:28:39,080 Speaker 2: would come home on a Sunday because of the long drive. 464 00:28:39,840 --> 00:28:45,280 Speaker 2: It would take one paycheck just to do that, and 465 00:28:46,400 --> 00:28:51,160 Speaker 2: I had to start sending him money so he could 466 00:28:51,160 --> 00:28:58,080 Speaker 2: buy snacks, necessities that he needed and stuff. And back 467 00:28:58,120 --> 00:29:02,400 Speaker 2: then it was collect calls. It's not like it is now. 468 00:29:03,760 --> 00:29:07,600 Speaker 1: So you're now fairly isolated in terms of access to 469 00:29:07,640 --> 00:29:11,959 Speaker 1: your family, and you're now trying to adjust a feeling 470 00:29:12,080 --> 00:29:17,000 Speaker 1: like in even smaller fish in a bigger, more dangerous sea, 471 00:29:17,160 --> 00:29:20,640 Speaker 1: because Menard is not known for being warm and fuzzy. 472 00:29:21,600 --> 00:29:24,080 Speaker 3: Nope, No, there was a lot of racism down there. 473 00:29:24,760 --> 00:29:27,680 Speaker 3: I had it easier because I look like I'm white, 474 00:29:27,720 --> 00:29:30,400 Speaker 3: and yeah I'm half white and half Mexican. But they 475 00:29:30,720 --> 00:29:34,600 Speaker 3: seen the white side and that's the way it was. 476 00:29:34,640 --> 00:29:37,200 Speaker 3: I mean, there was a lot of racism in minarn. 477 00:29:37,920 --> 00:29:40,440 Speaker 1: So what do you think was the biggest learning curve 478 00:29:40,520 --> 00:29:42,720 Speaker 1: for you once you got there? What was the most 479 00:29:42,720 --> 00:29:47,200 Speaker 1: difficult thing for you to navigate how. 480 00:29:47,040 --> 00:29:51,040 Speaker 3: To try to fit in? Because for me to be 481 00:29:51,640 --> 00:29:53,040 Speaker 3: kind of like them as a whin lady for me, 482 00:29:53,040 --> 00:29:57,360 Speaker 3: because I'm not that guy. It's you have to act 483 00:29:57,400 --> 00:29:59,640 Speaker 3: a certain way, and if not, you're going to get 484 00:29:59,640 --> 00:30:03,720 Speaker 3: eating the they'll they'll take your stuff or try to 485 00:30:03,760 --> 00:30:05,600 Speaker 3: do things, beat you up, or whatever it is. And 486 00:30:06,480 --> 00:30:10,320 Speaker 3: I'm glad I made it. It was tough. It was 487 00:30:10,360 --> 00:30:12,160 Speaker 3: not a day that went by that is this the 488 00:30:12,240 --> 00:30:13,520 Speaker 3: day that I'm going to die in prison? 489 00:30:14,960 --> 00:30:15,280 Speaker 2: Betty. 490 00:30:15,360 --> 00:30:18,000 Speaker 1: You having to hold down a job and and and 491 00:30:18,160 --> 00:30:22,960 Speaker 1: raise three other kids while you're trying to be present 492 00:30:23,200 --> 00:30:28,840 Speaker 1: and supportive of your son who's wrongfully convicted facing life 493 00:30:28,920 --> 00:30:36,280 Speaker 1: at this point, how do you, guys then have the bandwidth? 494 00:30:36,280 --> 00:30:38,920 Speaker 1: How do you even begin to go about fighting to 495 00:30:38,960 --> 00:30:39,680 Speaker 1: get him out? 496 00:30:40,360 --> 00:30:46,520 Speaker 2: On top of that, well, I started asking around about 497 00:30:47,360 --> 00:30:54,120 Speaker 2: are there organizations that can help. At that time there 498 00:30:54,600 --> 00:30:58,959 Speaker 2: there wasn't much help there because back then it was 499 00:30:59,080 --> 00:31:02,640 Speaker 2: you're guilty in jail. There ain't nothing we can do. 500 00:31:03,280 --> 00:31:06,560 Speaker 2: We had to start looking for other lawyers that would 501 00:31:06,680 --> 00:31:10,480 Speaker 2: right brief so that you could start going through the 502 00:31:10,560 --> 00:31:15,360 Speaker 2: other court processes to try to get the case back 503 00:31:15,400 --> 00:31:22,480 Speaker 2: into court, but none of them worked either. So then 504 00:31:22,560 --> 00:31:25,760 Speaker 2: I started looking to see if there was other people 505 00:31:25,800 --> 00:31:29,800 Speaker 2: out there trying to do the same thing. Trying to 506 00:31:29,880 --> 00:31:34,520 Speaker 2: find ways to help their members of their family who 507 00:31:34,560 --> 00:31:36,920 Speaker 2: they said were wrongfully convicted. 508 00:31:38,200 --> 00:31:40,400 Speaker 3: And you have to remember one thing, this is before 509 00:31:40,520 --> 00:31:43,760 Speaker 3: all these exoneration projects and innocent projects came about. 510 00:31:43,840 --> 00:31:49,520 Speaker 2: Right, The one that really really stood out, which gave 511 00:31:49,640 --> 00:31:52,200 Speaker 2: me hope was the Rolando. 512 00:31:51,800 --> 00:31:56,720 Speaker 1: Cruz because Cruise was exonerated in nineteen ninety five after 513 00:31:56,760 --> 00:32:02,120 Speaker 1: having been wrongfully convicted in nineteen eighty five of murder, rape, kidnapping, 514 00:32:02,160 --> 00:32:04,600 Speaker 1: and burglary, also in Illinois. 515 00:32:05,160 --> 00:32:08,080 Speaker 2: It was the first time I had heard and he 516 00:32:08,200 --> 00:32:12,640 Speaker 2: spent so much time on death row itself, and it 517 00:32:12,800 --> 00:32:17,800 Speaker 2: was like, if he can prove that he didn't do it, 518 00:32:18,400 --> 00:32:20,920 Speaker 2: then there has to be a way that we can 519 00:32:21,080 --> 00:32:23,280 Speaker 2: prove that Frankie didn't do it. 520 00:32:24,560 --> 00:32:30,320 Speaker 1: So in September nineteen ninety five, the first District Illinois 521 00:32:30,360 --> 00:32:38,080 Speaker 1: Appellate Court upheld Frank's convictions and sentence. Right, how difficult 522 00:32:38,240 --> 00:32:39,959 Speaker 1: was that? 523 00:32:39,960 --> 00:32:44,200 Speaker 2: That hurt? That hurt because the lawyer had showed that 524 00:32:44,280 --> 00:32:50,080 Speaker 2: there was still inconsistencies in the original trial which should 525 00:32:50,200 --> 00:32:54,239 Speaker 2: have raised eyebrow. It did not, So then we just 526 00:32:55,360 --> 00:32:58,000 Speaker 2: like we just keep trudging and trudging and trudging. 527 00:32:58,600 --> 00:33:01,200 Speaker 1: How and when did you guys first hear about the 528 00:33:01,240 --> 00:33:04,760 Speaker 1: Exoneration project at the University of Chicago Law School and 529 00:33:06,880 --> 00:33:10,360 Speaker 1: the process heading up to that for you, like, where 530 00:33:10,360 --> 00:33:13,280 Speaker 1: are you getting the information of who to write, when 531 00:33:13,320 --> 00:33:16,240 Speaker 1: to write them, how to write them? 532 00:33:16,280 --> 00:33:18,240 Speaker 3: Just talking to different people that are locked up with me, 533 00:33:18,320 --> 00:33:20,160 Speaker 3: Like I just got in contact with these people and 534 00:33:20,200 --> 00:33:22,480 Speaker 3: they want to help, and I'm like, well, let me 535 00:33:22,480 --> 00:33:26,840 Speaker 3: get that information. So I mean, I've written to Northwestern 536 00:33:27,000 --> 00:33:29,840 Speaker 3: and University of Illinois or place in New York. I've 537 00:33:29,840 --> 00:33:31,920 Speaker 3: written a berry shehck to a lot of people. I've 538 00:33:31,920 --> 00:33:37,880 Speaker 3: written to Wisconsin, Michigan, Texas. I've written everywhere, and everybody 539 00:33:37,920 --> 00:33:40,840 Speaker 3: said the same thing. Well, unfortunately, we have too many 540 00:33:40,880 --> 00:33:42,960 Speaker 3: cases as it is, and it would be a disservice 541 00:33:43,000 --> 00:33:44,960 Speaker 3: to our clients now we took any more cases. 542 00:33:46,160 --> 00:33:50,160 Speaker 1: So what were the darkest moments for both of you 543 00:33:50,280 --> 00:33:52,480 Speaker 1: during that time? Because it had to be like there 544 00:33:52,480 --> 00:33:55,959 Speaker 1: were these little glimmers of light in the distance that 545 00:33:56,080 --> 00:33:58,480 Speaker 1: maybe this may be that right. 546 00:33:59,400 --> 00:34:02,120 Speaker 2: It was just never giving up. You really have to 547 00:34:02,200 --> 00:34:06,000 Speaker 2: keep in your head there has to be something you 548 00:34:06,200 --> 00:34:12,480 Speaker 2: are missing, that there's something that you haven't found yet 549 00:34:12,880 --> 00:34:13,600 Speaker 2: that will work. 550 00:34:15,160 --> 00:34:18,279 Speaker 1: But that said, was there a point where either one 551 00:34:18,280 --> 00:34:23,000 Speaker 1: of you thought I can't do this, that this is 552 00:34:23,120 --> 00:34:23,520 Speaker 1: just too. 553 00:34:23,520 --> 00:34:26,799 Speaker 3: Much for me. There was, I mean, and for me 554 00:34:26,920 --> 00:34:27,359 Speaker 3: it was. 555 00:34:27,600 --> 00:34:31,640 Speaker 1: When did you know that frank was going through the 556 00:34:31,760 --> 00:34:32,440 Speaker 1: dark period? 557 00:34:32,600 --> 00:34:36,399 Speaker 2: When I would talk to him, you could always hear 558 00:34:36,480 --> 00:34:40,000 Speaker 2: it in his voice. You could always tell in the 559 00:34:40,040 --> 00:34:43,160 Speaker 2: way he was saying things. And I kept telling him, 560 00:34:43,640 --> 00:34:50,560 Speaker 2: don't ever give up. There has to be something, Betty. 561 00:34:50,760 --> 00:34:54,160 Speaker 1: I see how upset you are, even when you're telling him, 562 00:34:54,200 --> 00:34:57,960 Speaker 1: no matter what, don't give up. Were you afraid that 563 00:34:58,000 --> 00:34:58,440 Speaker 1: he would? 564 00:34:59,239 --> 00:35:05,160 Speaker 2: Yes? Yes, because it was like he wasn't seeing the 565 00:35:05,280 --> 00:35:10,200 Speaker 2: light at the end of the tunnel. There was nights 566 00:35:10,360 --> 00:35:16,200 Speaker 2: that I would sleep, no sleep because I had talked 567 00:35:16,239 --> 00:35:22,080 Speaker 2: to Frankie and he would be saying, Mom, I can't 568 00:35:22,120 --> 00:35:29,520 Speaker 2: do this no more. And I would just kind of 569 00:35:29,600 --> 00:35:33,520 Speaker 2: yell at him and tell him you can't give up. 570 00:35:35,600 --> 00:35:41,160 Speaker 2: And I told him he had to believe because if 571 00:35:41,200 --> 00:35:46,160 Speaker 2: you give up, that's it. And I wouldn't let him 572 00:35:46,160 --> 00:35:47,480 Speaker 2: do that period. 573 00:35:49,280 --> 00:35:51,160 Speaker 1: And then you get a voice at the end of 574 00:35:51,200 --> 00:35:54,560 Speaker 1: that phone call telling you that you've got one minute left. 575 00:35:55,280 --> 00:35:58,320 Speaker 2: Oh yeah, oh yeah. We had a lot of those. 576 00:35:59,600 --> 00:36:05,760 Speaker 1: Did did your mom screaming at you help? In other words, 577 00:36:05,760 --> 00:36:08,320 Speaker 1: have you ever told her what kept you going? 578 00:36:09,160 --> 00:36:10,600 Speaker 3: So I tell her all the times. She's the one 579 00:36:10,640 --> 00:36:11,080 Speaker 3: that coming on. 580 00:36:13,000 --> 00:36:18,920 Speaker 2: Yeah, my sisters, my kids, and they tell me the 581 00:36:18,960 --> 00:36:19,480 Speaker 2: same thing. 582 00:36:19,560 --> 00:36:19,799 Speaker 3: Mom. 583 00:36:20,040 --> 00:36:22,640 Speaker 2: You tell him, don't give up, don't give up, don't 584 00:36:22,680 --> 00:36:28,720 Speaker 2: give up. We're gonna kick his ass. And I don't, Frankie, 585 00:36:28,960 --> 00:36:31,120 Speaker 2: don't you give up. I'm gonna kick your ass when 586 00:36:31,120 --> 00:36:36,600 Speaker 2: you come home. Didn't I tell you that, Frankie all 587 00:36:36,640 --> 00:36:38,280 Speaker 2: the time, All the time. 588 00:36:39,080 --> 00:36:39,719 Speaker 1: I like that. 589 00:36:39,960 --> 00:36:43,239 Speaker 2: I kept telling him. God has a reason for everything 590 00:36:43,320 --> 00:36:48,040 Speaker 2: he does. He may not be the fastest, but he 591 00:36:48,360 --> 00:36:50,120 Speaker 2: gets there in his time. 592 00:36:51,520 --> 00:36:55,279 Speaker 1: Take me to the turning point, Frankie. In twenty twenty two, 593 00:36:56,000 --> 00:37:01,040 Speaker 1: represented by attorneys Joshua Tepfer from the Honooration Project at 594 00:37:01,080 --> 00:37:05,000 Speaker 1: the University of Chicago Law School and a non Swamenoffen 595 00:37:05,280 --> 00:37:08,480 Speaker 1: of the firm Lov and Lov, they filed a post 596 00:37:08,560 --> 00:37:12,840 Speaker 1: conviction petition seeking to overturn the convictions, and the petition 597 00:37:12,880 --> 00:37:16,320 Speaker 1: cited statements from two new witnesses who said they saw 598 00:37:16,400 --> 00:37:20,319 Speaker 1: the shooting and that frank was not the gunman. The 599 00:37:20,360 --> 00:37:24,680 Speaker 1: petition also noted that Bagookie and Schalk, who were the 600 00:37:24,719 --> 00:37:28,080 Speaker 1: two detectives who were also involved in your case, had 601 00:37:28,080 --> 00:37:31,680 Speaker 1: been involved in the wrongful murder conviction of a thirteen 602 00:37:31,760 --> 00:37:36,960 Speaker 1: year old Daddeus Jimenez, and testified falsely at his trial. 603 00:37:37,239 --> 00:37:43,920 Speaker 1: Take me to the moment. August twenty ninth, twenty twenty three, 604 00:37:44,440 --> 00:37:47,839 Speaker 1: probably sticks out to you both as an important day. 605 00:37:48,560 --> 00:37:49,560 Speaker 1: Can you a. 606 00:37:49,520 --> 00:37:52,520 Speaker 3: Bunch of us have it tattooed on us? 607 00:37:53,080 --> 00:37:53,480 Speaker 2: Really? 608 00:37:54,480 --> 00:37:55,880 Speaker 3: Yeah? 609 00:37:55,920 --> 00:38:02,919 Speaker 2: My daughter, Frankie, my son, my daughter in law, even 610 00:38:03,000 --> 00:38:07,080 Speaker 2: my daughter in law's parents got it tattooed on their arms. 611 00:38:07,120 --> 00:38:10,680 Speaker 2: Oh gosh, I love that. Yeah, me and the grandma's 612 00:38:10,800 --> 00:38:13,840 Speaker 2: we went together. We call it our senior citizen outing 613 00:38:15,080 --> 00:38:17,640 Speaker 2: because the other grandmas are in the sixties and I'm 614 00:38:17,640 --> 00:38:20,920 Speaker 2: in the seventies. Raye were yours? 615 00:38:20,960 --> 00:38:25,440 Speaker 1: Wow, Frankie, do you have the largest one of the family. 616 00:38:26,000 --> 00:38:28,520 Speaker 2: No, my other son I think has the largest one 617 00:38:28,560 --> 00:38:30,880 Speaker 2: on the back of his leg. Wow. 618 00:38:30,920 --> 00:38:33,640 Speaker 1: So you know, we just discussed, Betty, how the whole 619 00:38:33,680 --> 00:38:38,680 Speaker 1: family was sentenced. It must be that August twenty ninth 620 00:38:38,960 --> 00:38:43,000 Speaker 1: you were all freed in a different way, and frank 621 00:38:43,160 --> 00:38:46,080 Speaker 1: just take me to that day and how that played out. 622 00:38:46,840 --> 00:38:53,440 Speaker 1: So Judge Atcherson vacated your convictions and frank you were 623 00:38:53,480 --> 00:38:58,680 Speaker 1: released on bond pending a retrial. You had spent thirty 624 00:38:58,880 --> 00:39:03,600 Speaker 1: two years and fourteen days in print, thirty four more 625 00:39:03,640 --> 00:39:07,560 Speaker 1: than thirty four years in custody from the date of 626 00:39:07,600 --> 00:39:08,200 Speaker 1: your arrest. 627 00:39:09,160 --> 00:39:13,760 Speaker 2: Yes, he was picked up on April twenty ninth, nineteen 628 00:39:13,800 --> 00:39:17,960 Speaker 2: eighty nine. He was released on August twenty ninth of 629 00:39:18,080 --> 00:39:19,280 Speaker 2: twenty twenty three. 630 00:39:19,440 --> 00:39:23,640 Speaker 1: And when did you realize you were walking out? 631 00:39:23,960 --> 00:39:27,880 Speaker 3: When the judge started talking, I was kind of like, yeah, 632 00:39:28,160 --> 00:39:30,400 Speaker 3: I might be coming out, and then she's like, no 633 00:39:30,520 --> 00:39:32,840 Speaker 3: cash bond. I'm like, oh, I'm going home. 634 00:39:34,239 --> 00:39:35,640 Speaker 1: What was it like walking out? 635 00:39:36,280 --> 00:39:38,960 Speaker 2: Everybody was crying. 636 00:39:40,239 --> 00:39:44,640 Speaker 1: Different kinds of tears this time. Oh yes, yep, so Frank, 637 00:39:44,719 --> 00:39:46,000 Speaker 1: tell me walking out. 638 00:39:46,520 --> 00:39:50,520 Speaker 3: I mean, who it was a relief. And then to 639 00:39:50,560 --> 00:39:53,680 Speaker 3: see the sea of people out there when I came out, 640 00:39:53,760 --> 00:39:57,680 Speaker 3: it was I finally get to tell my story. 641 00:39:57,800 --> 00:40:01,759 Speaker 1: And Betty, what was the first thing you said once 642 00:40:01,800 --> 00:40:04,680 Speaker 1: he was outside to him? 643 00:40:05,400 --> 00:40:09,680 Speaker 2: Thank God? I said, Remember I told you never give 644 00:40:09,800 --> 00:40:14,960 Speaker 2: up hope. As long as there's family and love, you 645 00:40:15,080 --> 00:40:15,760 Speaker 2: have it all. 646 00:40:16,480 --> 00:40:20,120 Speaker 1: And then in September of twenty twenty three, Cook County 647 00:40:20,160 --> 00:40:24,799 Speaker 1: prosecutors formally drop the charges against you, Frank. And then 648 00:40:25,120 --> 00:40:29,759 Speaker 1: in December of twenty twenty three, you were awarded a 649 00:40:29,800 --> 00:40:35,560 Speaker 1: certificate of innocence and now get to set about living 650 00:40:35,800 --> 00:40:37,520 Speaker 1: your life finally again. 651 00:40:38,120 --> 00:40:39,040 Speaker 2: What are your. 652 00:40:38,800 --> 00:40:41,719 Speaker 1: Goals and your hopes and your dreams for the. 653 00:40:41,680 --> 00:40:44,640 Speaker 3: Future right now? I just take it by day by 654 00:40:44,719 --> 00:40:51,600 Speaker 3: day and I just live life. That's all I'm gonna 655 00:40:51,640 --> 00:40:54,799 Speaker 3: do is just enjoy everything, everything that I can and 656 00:40:55,000 --> 00:40:56,000 Speaker 3: try to do everything. 657 00:41:04,960 --> 00:41:08,520 Speaker 1: Thank you for listening to Wrongful Conviction. I'm Lauren Bright Pacheco. 658 00:41:08,960 --> 00:41:11,960 Speaker 1: Please support your local innocence organizations and go to the 659 00:41:12,000 --> 00:41:14,920 Speaker 1: links in the episode description to see how you can help. 660 00:41:15,280 --> 00:41:19,240 Speaker 1: I'd like to thank our executive producers Jason Flam, Jeff Kempler, 661 00:41:19,320 --> 00:41:23,080 Speaker 1: and Kevin Wardis, as well as our producers Annie Chelsea, 662 00:41:23,520 --> 00:41:27,760 Speaker 1: Kathleen Fink, and Jackie Pauley. This series is produced, edited, 663 00:41:27,800 --> 00:41:31,240 Speaker 1: and hosted by me Lauren Bright Pacheco. Our senior producer 664 00:41:31,360 --> 00:41:35,600 Speaker 1: is Kara Kornhaber. Story editing by Hannah Bial, research by 665 00:41:35,640 --> 00:41:39,880 Speaker 1: Shelby Sorels, mixing and sound design by Nick Massetti, with 666 00:41:39,960 --> 00:41:43,759 Speaker 1: additional production by Jeff Clyborne. Our theme music is by 667 00:41:43,840 --> 00:41:46,960 Speaker 1: Jay Ralph. Be sure to follow us across all social 668 00:41:46,960 --> 00:41:50,720 Speaker 1: media platforms at Lava for Good and at Wrongful Conviction. 669 00:41:51,280 --> 00:41:53,880 Speaker 1: You can also follow me on all platforms at Lauren 670 00:41:53,920 --> 00:41:57,239 Speaker 1: Bright Pachecko. Wrongful Conviction is a production of Lava for 671 00:41:57,280 --> 00:42:00,839 Speaker 1: Good Podcasts in association with the sicknes No company Number 672 00:42:00,880 --> 00:42:04,640 Speaker 1: one