1 00:00:03,160 --> 00:00:07,000 Speaker 1: At ten pm on a snowy April second, nineteen ninety three, 2 00:00:07,280 --> 00:00:10,000 Speaker 1: twenty two year old Andrew Asher and Becky George sat 3 00:00:10,000 --> 00:00:12,000 Speaker 1: in a parked car in front of her brother's apartment 4 00:00:12,039 --> 00:00:14,280 Speaker 1: on Silent Road in Rockford, Illinois. 5 00:00:14,960 --> 00:00:15,760 Speaker 2: A black man. 6 00:00:15,600 --> 00:00:17,800 Speaker 1: Approached the car and a blue ski mask and a hoodie, 7 00:00:17,800 --> 00:00:20,160 Speaker 1: and he opened the driver's side door, announcing a stick up. 8 00:00:20,640 --> 00:00:22,680 Speaker 1: While Becky fished around in her purse and tried to 9 00:00:22,680 --> 00:00:24,920 Speaker 1: offer the gunman the sixty dollars she had, he shot 10 00:00:25,000 --> 00:00:28,319 Speaker 1: Andrew Asher twice. Becky ran to her brother's apartment to 11 00:00:28,320 --> 00:00:30,920 Speaker 1: call the police, and the two bullets and their casings 12 00:00:30,960 --> 00:00:33,760 Speaker 1: were retrieved from the crime scene and during the autopsy. 13 00:00:34,400 --> 00:00:37,479 Speaker 1: Through the use of incentivized eyewitness testimony, the coercion of 14 00:00:37,520 --> 00:00:41,200 Speaker 1: a false confession, and grand jury testimony from Patrick Persley's girlfriend, 15 00:00:41,240 --> 00:00:45,280 Speaker 1: Samantha Crabtree, testimony she later recanted a trial, and conflicting 16 00:00:45,320 --> 00:00:49,400 Speaker 1: and misleading ballistics expert testimony. Patrick was convicted of first 17 00:00:49,400 --> 00:00:54,080 Speaker 1: degree murder and sentenced to life without parole, with an 18 00:00:54,120 --> 00:00:57,720 Speaker 1: epic appeals process that included Patrick getting a law change 19 00:00:57,800 --> 00:01:00,720 Speaker 1: from prison in order to get new BAE listics testing 20 00:01:00,720 --> 00:01:04,360 Speaker 1: done that would ultimately set him free. Patrick Parsley suffered 21 00:01:05,080 --> 00:01:08,000 Speaker 1: for over twenty five years for a crime he simply 22 00:01:08,000 --> 00:01:13,400 Speaker 1: didn't commit. In March twenty seventeen, Patrick's conviction was finally. 23 00:01:13,120 --> 00:01:15,000 Speaker 2: Vacated and he was released on bond. 24 00:01:15,600 --> 00:01:18,840 Speaker 1: He was formally acquitted at his retrial on January sixteenth, 25 00:01:19,080 --> 00:01:31,520 Speaker 1: twenty nineteen. This is Wrongful Conviction. Welcome back to Wrongful Conviction. 26 00:01:31,680 --> 00:01:35,800 Speaker 1: This episode was recorded at Complex Con Chicago twenty nineteen, 27 00:01:35,840 --> 00:01:39,040 Speaker 1: a culture, fashion, art and music hybrid event described as 28 00:01:39,080 --> 00:01:42,880 Speaker 1: a streetwear fans kind of world's fair featuring limited edition 29 00:01:42,959 --> 00:01:46,720 Speaker 1: brand collaborations, performances, and even the occasional live podcast recording 30 00:01:46,880 --> 00:01:49,480 Speaker 1: like this one. We only had thirty minutes though, to 31 00:01:49,520 --> 00:01:51,960 Speaker 1: tell Patrick's story, so I'll be fleshing out some of 32 00:01:52,000 --> 00:01:56,000 Speaker 1: the details along the way. Patrick Persley, this is going 33 00:01:56,080 --> 00:02:00,400 Speaker 1: to be extraordinary, because Franklin, doesn't you, Because Pat is 34 00:02:00,440 --> 00:02:02,080 Speaker 1: my new friend. I've just gotten to know him, his 35 00:02:02,800 --> 00:02:06,240 Speaker 1: unbelievable spirit and intellect. But Patrick, I want to say 36 00:02:06,240 --> 00:02:08,440 Speaker 1: that I'm happy you're here. I'm sorry you're here because 37 00:02:08,480 --> 00:02:10,959 Speaker 1: you should never even have to be having this conversation. 38 00:02:11,040 --> 00:02:13,800 Speaker 1: But I'm happier here, and your case has so many 39 00:02:13,960 --> 00:02:16,360 Speaker 1: of the hallmarks, so many of the common factors that 40 00:02:16,400 --> 00:02:19,400 Speaker 1: we see in rawful convictions over and over again. You 41 00:02:19,480 --> 00:02:25,440 Speaker 1: had incentivized lying witnesses, yes, coerced threatened witnesses. You had 42 00:02:25,800 --> 00:02:27,960 Speaker 1: bad ballistics, terrible ballistics. 43 00:02:28,000 --> 00:02:28,200 Speaker 2: Right. 44 00:02:28,280 --> 00:02:31,959 Speaker 1: You had people in positions of authority who broke rules, 45 00:02:31,960 --> 00:02:35,400 Speaker 1: broke laws in order to railroad you. Tunnel vision is 46 00:02:35,440 --> 00:02:37,520 Speaker 1: another factor, right, And by tunnel vision, what I mean 47 00:02:37,560 --> 00:02:41,560 Speaker 1: by that is once a suspect is identified. In many cases, 48 00:02:41,600 --> 00:02:45,680 Speaker 1: we see that the police and prosecutors start to build 49 00:02:45,680 --> 00:02:49,000 Speaker 1: a narrative, either consciously or subconsciously, and they managed to 50 00:02:49,040 --> 00:02:52,480 Speaker 1: ignore or they subconsciously ignore evidence that points. 51 00:02:52,160 --> 00:02:53,440 Speaker 2: Away as they sated. 52 00:02:53,520 --> 00:02:58,000 Speaker 3: In your case, Yes, I'll term to suspects crime scene evidence, clothing, everything, 53 00:02:58,040 --> 00:02:59,200 Speaker 3: everything was contradicted. 54 00:03:00,000 --> 00:03:03,760 Speaker 1: Patrick Pursley was ronflely convicted of a brutal crime, a 55 00:03:03,840 --> 00:03:06,959 Speaker 1: robbery of two people in a car where the robber 56 00:03:07,120 --> 00:03:10,320 Speaker 1: shot the guy sitting in the car twice and ran 57 00:03:11,120 --> 00:03:14,519 Speaker 1: and then things went downhill from. 58 00:03:14,440 --> 00:03:15,720 Speaker 2: There very quickly. 59 00:03:16,120 --> 00:03:20,240 Speaker 1: And Patrick, this was Rockford, Illinois. But you didn't know 60 00:03:20,280 --> 00:03:21,760 Speaker 1: the people, You didn't know anything about the. 61 00:03:21,720 --> 00:03:23,480 Speaker 3: Crime, didn't even know it happened. 62 00:03:23,960 --> 00:03:25,880 Speaker 2: You were home with your girlfriend when this happened. 63 00:03:26,040 --> 00:03:29,120 Speaker 3: Yes, I was doing a lated birthday party from my 64 00:03:29,240 --> 00:03:32,120 Speaker 3: son and he came from Wisconsin. His birthday was on 65 00:03:32,160 --> 00:03:35,040 Speaker 3: the twenty ninth, and we were celebrating on the night 66 00:03:35,200 --> 00:03:38,360 Speaker 3: of the crime, which was four to ninety three, and 67 00:03:38,680 --> 00:03:41,080 Speaker 3: had a chemistry set for him and we were just 68 00:03:41,440 --> 00:03:45,240 Speaker 3: tinkering around and have no idea of these events happening 69 00:03:46,200 --> 00:03:47,600 Speaker 3: just a few miles away now. 70 00:03:47,640 --> 00:03:49,960 Speaker 1: I Meanwhile, there's another aspect of this that's important to recognize, 71 00:03:49,960 --> 00:03:52,800 Speaker 1: which is crime stoppers, right, and theory crime stoppers great thing. Right, 72 00:03:52,800 --> 00:03:55,240 Speaker 1: people call up, they talk about a crime, they can 73 00:03:55,280 --> 00:03:57,000 Speaker 1: make us all safer. They get a reward. But in 74 00:03:57,040 --> 00:04:00,320 Speaker 1: your case, except except when they do it like When's 75 00:04:00,360 --> 00:04:02,320 Speaker 1: case where someone called up and knew nothing about the 76 00:04:02,360 --> 00:04:05,920 Speaker 1: crime and just gave up his name in order to 77 00:04:05,960 --> 00:04:08,840 Speaker 1: get two thousand, six hundred and fifty dollars the Price 78 00:04:08,880 --> 00:04:11,000 Speaker 1: of life, right, about one hundred dollars a year for 79 00:04:11,040 --> 00:04:13,320 Speaker 1: the time you were in the Price of Life. So 80 00:04:13,680 --> 00:04:16,120 Speaker 1: all of this must have come as a tremendous shock 81 00:04:16,200 --> 00:04:19,279 Speaker 1: to you when it happened in stages right when you 82 00:04:19,320 --> 00:04:21,320 Speaker 1: first first you became aware that you were a suspect. 83 00:04:21,400 --> 00:04:23,360 Speaker 2: Can you get into that aspect of this whole thing. 84 00:04:23,480 --> 00:04:26,440 Speaker 3: I was taking my daughter and my son to a 85 00:04:26,480 --> 00:04:30,719 Speaker 3: birthday party and the police tried to for hid me, 86 00:04:31,400 --> 00:04:37,200 Speaker 3: and unfortunately I was ghettle bred, so I fled and 87 00:04:37,320 --> 00:04:38,240 Speaker 3: that's how it started. 88 00:04:42,160 --> 00:04:44,760 Speaker 1: That was June tenth, nineteen ninety three, about ten weeks 89 00:04:44,800 --> 00:04:48,919 Speaker 1: after the crime. Two days earlier, on June eighth, Marvin Windham, 90 00:04:48,960 --> 00:04:51,279 Speaker 1: a man Patrick knew from a few small time weed 91 00:04:51,320 --> 00:04:53,800 Speaker 1: deals around Rockford, was the first one to point the 92 00:04:53,839 --> 00:04:56,599 Speaker 1: finger at him in a call he made to crime stoppers. 93 00:04:56,920 --> 00:04:59,240 Speaker 1: It was later revealed a trial that not only did 94 00:04:59,279 --> 00:05:02,640 Speaker 1: Marvin have ey for Samantha Crabtree, Patrick's girlfriend, but he 95 00:05:02,800 --> 00:05:05,400 Speaker 1: also received leniency on a number of charges that he 96 00:05:05,480 --> 00:05:08,120 Speaker 1: faced in exchange for his testimony not to mention the 97 00:05:08,160 --> 00:05:11,960 Speaker 1: two six hundred and fifty dollars reward. With Wyndham's hot tip, 98 00:05:12,240 --> 00:05:14,640 Speaker 1: the police now we're able to get a search warrant 99 00:05:14,720 --> 00:05:18,520 Speaker 1: for Patrick and Samantha's apartment, where they recovered a Taurus 100 00:05:18,600 --> 00:05:22,240 Speaker 1: nine millimeter that Samantha kept for protection. Notably, she always 101 00:05:22,279 --> 00:05:25,040 Speaker 1: stored it out of reach of her small children. While 102 00:05:25,080 --> 00:05:27,720 Speaker 1: Patrick fled on foot and the cops rated the apartment, 103 00:05:27,960 --> 00:05:32,040 Speaker 1: they brought Samantha in for some aggressive interrogation, and I'm 104 00:05:32,040 --> 00:05:33,039 Speaker 1: putting that mile. 105 00:05:35,560 --> 00:05:39,279 Speaker 3: The intergregated my girlfriend for like twelve hours. She was pregnant, 106 00:05:39,640 --> 00:05:44,360 Speaker 3: you know, just basically force fed a narrative to her 107 00:05:44,920 --> 00:05:48,440 Speaker 3: while disregarding glaring contradictions. 108 00:05:48,800 --> 00:05:51,520 Speaker 2: And so your girlfriend was the pregnant mother of two 109 00:05:51,600 --> 00:05:51,920 Speaker 2: or three. 110 00:05:51,960 --> 00:05:53,719 Speaker 3: Never been in trouble, three kids, three. 111 00:05:53,640 --> 00:05:54,800 Speaker 2: Kids, pregnant mother. 112 00:05:54,880 --> 00:05:56,559 Speaker 1: So she's a target for twelve hours, and the police 113 00:05:56,560 --> 00:06:00,080 Speaker 1: tells her that if she doesn't tell them exactly what 114 00:06:00,160 --> 00:06:01,800 Speaker 1: they want to hear, she. 115 00:06:01,760 --> 00:06:04,280 Speaker 3: Won't see her children till she's forty. 116 00:06:04,520 --> 00:06:05,839 Speaker 2: So here's how this unraveled. 117 00:06:05,839 --> 00:06:08,560 Speaker 1: So they take her from directly from the interrogation room 118 00:06:08,600 --> 00:06:10,719 Speaker 1: to a grand jury where they make her repeat the 119 00:06:10,760 --> 00:06:12,240 Speaker 1: story right now. 120 00:06:12,240 --> 00:06:13,680 Speaker 2: She's under oath, right. 121 00:06:13,600 --> 00:06:15,440 Speaker 3: Get her own record, get her under you know, a 122 00:06:15,560 --> 00:06:17,520 Speaker 3: substantiate of evidence come in later. 123 00:06:17,960 --> 00:06:20,440 Speaker 1: So she tells them what they want to hear, and 124 00:06:20,520 --> 00:06:23,880 Speaker 1: a girlfriend, to her everlasting. 125 00:06:23,160 --> 00:06:26,720 Speaker 2: Credit, stood strong to get back. Can you talk about that. 126 00:06:26,880 --> 00:06:28,960 Speaker 3: Yeah, So, as soon as she was out of custody, 127 00:06:29,120 --> 00:06:31,880 Speaker 3: she filed an affidavit with my attorneys and said she 128 00:06:32,000 --> 00:06:36,800 Speaker 3: was courced basically took back her statement. Whether Ellanoi idea 129 00:06:36,880 --> 00:06:41,160 Speaker 3: is no takebacks right now. It's called perjury. It's called perjury. 130 00:06:41,200 --> 00:06:44,479 Speaker 3: It's called come in that trial substantial evidence. Then you 131 00:06:44,520 --> 00:06:47,880 Speaker 3: say this under oath and comes in as evidence of guilt. 132 00:06:48,080 --> 00:06:51,280 Speaker 2: Your girlfriend ended up spending two years in prison because. 133 00:06:51,000 --> 00:06:53,320 Speaker 3: She didn't go along with the narrative and took it back. 134 00:06:57,200 --> 00:07:01,159 Speaker 1: The narrative of her terror rized, spoon fed and patently 135 00:07:01,200 --> 00:07:04,159 Speaker 1: false confession and her grand jury testimony was that she 136 00:07:04,400 --> 00:07:07,040 Speaker 1: and Patrick were having financial trouble and on the night 137 00:07:07,040 --> 00:07:08,760 Speaker 1: of the murder, they were driving around in search of 138 00:07:08,760 --> 00:07:10,880 Speaker 1: a house to rob when Patrick told her to stop 139 00:07:10,880 --> 00:07:13,120 Speaker 1: on silent road, hopped out of the car, put on 140 00:07:13,120 --> 00:07:15,320 Speaker 1: a blue ski mask, told her to keep the engine running, 141 00:07:15,360 --> 00:07:18,320 Speaker 1: and ran off toward the apartment buildings. Then a few 142 00:07:18,360 --> 00:07:21,520 Speaker 1: minutes later, she heard two gun shots and Patrick returned 143 00:07:21,560 --> 00:07:25,720 Speaker 1: to the car carrying a Taurus nine millimeter. Hours before 144 00:07:25,760 --> 00:07:28,800 Speaker 1: being threatened with a life separated from her children and 145 00:07:28,840 --> 00:07:32,800 Speaker 1: regurgitating this narrative for her false confession, Samantha's apartment was 146 00:07:32,800 --> 00:07:36,400 Speaker 1: being searched by the police where photos were actually staged. 147 00:07:36,480 --> 00:07:37,560 Speaker 2: There were staged. 148 00:07:37,200 --> 00:07:40,000 Speaker 1: Photos of her tourist nine millimeters being stored in plain 149 00:07:40,120 --> 00:07:41,320 Speaker 1: sight for ease of use. 150 00:07:43,240 --> 00:07:46,800 Speaker 3: The whole gun situation as far as like pictures where 151 00:07:46,800 --> 00:07:48,920 Speaker 3: the gun was. It's like I had children in my house. 152 00:07:48,960 --> 00:07:51,080 Speaker 3: I'm not going to have a gun in plain view 153 00:07:51,080 --> 00:07:53,160 Speaker 3: where a ten year old could get it. It just wasn't. 154 00:07:53,600 --> 00:07:55,600 Speaker 3: The whole narrative of how it was put together was 155 00:07:55,720 --> 00:07:58,040 Speaker 3: so far suppose it's just crazy. 156 00:07:58,280 --> 00:08:00,640 Speaker 2: But early on you you had a lawyer who actually 157 00:08:00,800 --> 00:08:01,920 Speaker 2: made one move. 158 00:08:02,240 --> 00:08:05,840 Speaker 3: One move ch course, save your life. Yeah, So every defendant, 159 00:08:06,040 --> 00:08:08,080 Speaker 3: I think, in the course of America says I didn't 160 00:08:08,120 --> 00:08:11,400 Speaker 3: do it. I had a young lawyer who was beginning 161 00:08:11,440 --> 00:08:14,280 Speaker 3: his career and I was his first depth penalty case. 162 00:08:14,880 --> 00:08:17,200 Speaker 3: And then I had the older lawyer who kind of 163 00:08:17,240 --> 00:08:20,400 Speaker 3: just like, I'm out of here. So the young lawyer 164 00:08:20,440 --> 00:08:23,040 Speaker 3: and his pushback, right, you know you didn't do it. Well, 165 00:08:23,520 --> 00:08:29,400 Speaker 3: we'll test the gun. Really, you can do that. Yes, 166 00:08:29,440 --> 00:08:32,440 Speaker 3: please test the gun. Test gun. That's how it all started, 167 00:08:32,480 --> 00:08:33,719 Speaker 3: That's what got me here. 168 00:08:35,080 --> 00:08:39,440 Speaker 1: Ballistic testing is very important to this story. Ballistics is 169 00:08:39,480 --> 00:08:42,480 Speaker 1: the study of the dynamics of projectiles or of the 170 00:08:42,520 --> 00:08:45,600 Speaker 1: internal action of firearms. It can tell us what type 171 00:08:45,640 --> 00:08:48,000 Speaker 1: of firearm was used, where it was fired, from, how 172 00:08:48,040 --> 00:08:50,600 Speaker 1: many shots were fired, and most importantly for this case, 173 00:08:50,920 --> 00:08:53,400 Speaker 1: it can be used to identify a firearm by the 174 00:08:53,480 --> 00:08:57,280 Speaker 1: markings left on bullets and bullet casings after firing. So, 175 00:08:58,160 --> 00:09:01,680 Speaker 1: after both the state's crime lab and the defense's independent 176 00:09:01,760 --> 00:09:05,280 Speaker 1: lab test fire Crabtrees nine milimeter and compare the bullets 177 00:09:05,280 --> 00:09:07,720 Speaker 1: and casings from both the test firing and the murder, 178 00:09:08,160 --> 00:09:11,040 Speaker 1: the prosecution's expert testified that the gun used in the 179 00:09:11,120 --> 00:09:13,920 Speaker 1: murder was Crabtrees Tourist nine millimeter and this is a 180 00:09:13,960 --> 00:09:18,679 Speaker 1: direct quote to the exclusion of all others. Powerful testimony, 181 00:09:18,840 --> 00:09:22,839 Speaker 1: false but powerful. While the defense's expert testified that the 182 00:09:22,920 --> 00:09:26,040 Speaker 1: murder weapon was likely a Tourist nine millimere but not 183 00:09:26,320 --> 00:09:30,560 Speaker 1: crab Trees. However, the expert hired by the defense could 184 00:09:30,600 --> 00:09:32,720 Speaker 1: not conclusively exclude the gun. 185 00:09:33,080 --> 00:09:34,679 Speaker 2: So think about this. 186 00:09:35,040 --> 00:09:38,760 Speaker 1: You now have the state testifying with absolute certainty and 187 00:09:38,840 --> 00:09:44,960 Speaker 1: the defense inconclusive in their exclusion of Patrick. This, along 188 00:09:45,000 --> 00:09:50,520 Speaker 1: with Marvin Wyndham's incentivized testimony and Samantha Crabtree's initial false confession, 189 00:09:51,040 --> 00:09:52,840 Speaker 1: brings us to where we know this part of the 190 00:09:52,880 --> 00:09:58,560 Speaker 1: story tragically, when, however, the ballistics testing becomes crucial again 191 00:09:59,080 --> 00:10:05,040 Speaker 1: many years down the road, when the jury went out, 192 00:10:05,360 --> 00:10:08,120 Speaker 1: You've now seen a bunch of dirty tricks. You've been 193 00:10:08,160 --> 00:10:10,400 Speaker 1: around the system. You grew up, as you said, in 194 00:10:10,440 --> 00:10:13,880 Speaker 1: the streets, so you know what can happen. You're a 195 00:10:13,920 --> 00:10:16,280 Speaker 1: young black man at this point in the clutches of 196 00:10:16,320 --> 00:10:18,680 Speaker 1: a system that is designed to chew you up and 197 00:10:18,679 --> 00:10:19,319 Speaker 1: spit you out. 198 00:10:19,360 --> 00:10:23,160 Speaker 3: I think Lupe called it planned convalescence. I think called 199 00:10:23,160 --> 00:10:23,360 Speaker 3: it that. 200 00:10:23,920 --> 00:10:24,120 Speaker 2: Well. 201 00:10:24,320 --> 00:10:27,760 Speaker 1: That being said, when the jury went out, did. 202 00:10:27,640 --> 00:10:28,240 Speaker 2: You have hope? 203 00:10:28,480 --> 00:10:31,199 Speaker 3: Oh yeah, I knew I didn't do it. I know 204 00:10:31,280 --> 00:10:33,679 Speaker 3: it was going home. And so when they returned a 205 00:10:33,720 --> 00:10:37,200 Speaker 3: guilty verdict, I just I really don't even remember how 206 00:10:37,200 --> 00:10:41,360 Speaker 3: I got back to my cell because I guess the 207 00:10:41,400 --> 00:10:43,760 Speaker 3: blood drained off my body or something. I just went 208 00:10:43,840 --> 00:10:47,480 Speaker 3: body numb, and uh, you know, I couldn't believe it. 209 00:10:47,600 --> 00:10:49,640 Speaker 3: I just I couldn't believe it. It floored me. 210 00:10:50,800 --> 00:10:53,920 Speaker 1: I don't think anybody here can possibly begin to understand 211 00:10:53,960 --> 00:10:56,120 Speaker 1: unless someone else here has been through what you've been through. 212 00:10:56,679 --> 00:11:00,480 Speaker 1: And now you're facing the death penalty. Yes, come back 213 00:11:00,520 --> 00:11:01,920 Speaker 1: for sentencing, and the judge. 214 00:11:01,679 --> 00:11:05,360 Speaker 3: Says, because of the inconsistencies of the evidence, I'm not 215 00:11:05,360 --> 00:11:07,840 Speaker 3: going to give you the death penalty. However, I will 216 00:11:07,840 --> 00:11:10,520 Speaker 3: give you natural life, I'll find you'll be a minister society. 217 00:11:10,840 --> 00:11:13,200 Speaker 3: And this is at a time where people were actually 218 00:11:13,200 --> 00:11:14,719 Speaker 3: picketing for me to get a new trial. It was 219 00:11:14,840 --> 00:11:17,360 Speaker 3: very strange and very strange correlation what was going on. 220 00:11:17,600 --> 00:11:19,760 Speaker 1: And that's just fasake. We're not going to kill you quickly, 221 00:11:19,800 --> 00:11:21,120 Speaker 1: but we are going to kill you slowly. 222 00:11:21,440 --> 00:11:21,560 Speaker 2: Right. 223 00:11:21,640 --> 00:11:23,720 Speaker 3: Yeah, I'm having mercy on you because I see the 224 00:11:23,760 --> 00:11:26,559 Speaker 3: bs and evidence. But you're still going, buddy. 225 00:11:26,559 --> 00:11:26,960 Speaker 2: You're gone. 226 00:11:27,120 --> 00:11:29,120 Speaker 3: There was a cry in the courtroom when he announced 227 00:11:29,160 --> 00:11:35,600 Speaker 3: that my daughters were there. It was something else. 228 00:11:47,240 --> 00:11:49,400 Speaker 2: You were said to some of the worst, well one 229 00:11:49,440 --> 00:11:50,439 Speaker 2: of the worst prisons. 230 00:11:50,559 --> 00:11:54,480 Speaker 3: Yes, stay built, and I'm one job in the law library. 231 00:11:54,520 --> 00:11:56,920 Speaker 3: I tried to play past the game banging and the 232 00:11:57,000 --> 00:11:59,400 Speaker 3: dice games and try to educate myself. I got a 233 00:11:59,440 --> 00:12:02,320 Speaker 3: grant to correspondence classes in law. 234 00:12:02,920 --> 00:12:05,080 Speaker 2: Is it as bad as everyone thinks it is? 235 00:12:05,160 --> 00:12:08,720 Speaker 3: I'm a natural life survivor right so, right now in 236 00:12:08,760 --> 00:12:12,040 Speaker 3: the wintertime, although locks are cut off the windows so 237 00:12:12,160 --> 00:12:15,080 Speaker 3: the natives don't make knives, However, what that does allows 238 00:12:15,120 --> 00:12:18,000 Speaker 3: your cell to have enough ice on you can make 239 00:12:18,040 --> 00:12:23,000 Speaker 3: a snow cone right off the bars. And freezing temperatures mice, roaches, 240 00:12:23,240 --> 00:12:25,319 Speaker 3: so many roaches. You put a potato chip back in 241 00:12:25,360 --> 00:12:28,320 Speaker 3: the corner of your segregation cell and the roaches going 242 00:12:28,360 --> 00:12:30,160 Speaker 3: there and they can't get out, and so you hear 243 00:12:30,240 --> 00:12:32,720 Speaker 3: kind of like the scraping. And that was the roach 244 00:12:32,800 --> 00:12:37,600 Speaker 3: motel in f House Panoptacon. They actually, uh, it's a landmark. 245 00:12:37,960 --> 00:12:38,680 Speaker 3: It's a landmark. 246 00:12:39,360 --> 00:12:41,800 Speaker 1: And of the two point two million people in prison, 247 00:12:41,840 --> 00:12:44,439 Speaker 1: there are a lot of them who don't have air conditioning. 248 00:12:44,960 --> 00:12:46,160 Speaker 2: And I don't know. 249 00:12:46,600 --> 00:12:49,040 Speaker 1: A guy who died recently in Texas prison, he told 250 00:12:49,040 --> 00:12:50,839 Speaker 1: his brother that his brother said, why don't you have 251 00:12:50,880 --> 00:12:53,319 Speaker 1: any sodas? You love soda, but you can't keep sodas 252 00:12:53,320 --> 00:12:54,880 Speaker 1: in your cell. You said, I can't because they explode 253 00:12:54,880 --> 00:12:57,360 Speaker 1: because it's too hot. Like what the fuck even is that? 254 00:12:57,400 --> 00:12:59,880 Speaker 3: Well, ice is the commodity. They might get one cup 255 00:12:59,880 --> 00:13:01,920 Speaker 3: of ice in the morning, one cup of ice at night. 256 00:13:02,160 --> 00:13:06,080 Speaker 3: Ice is a commodity. So you will deal with the elements. 257 00:13:06,280 --> 00:13:08,760 Speaker 3: And right around April fifteenth they will turn off the 258 00:13:08,760 --> 00:13:13,440 Speaker 3: heat every year like clockwork, despite the elements. 259 00:13:13,679 --> 00:13:17,640 Speaker 2: Right in Chicago, you got some elements here, God knows it. 260 00:13:17,800 --> 00:13:22,679 Speaker 1: So And I'm always fascinated and amazed by people like yourself, 261 00:13:22,720 --> 00:13:25,559 Speaker 1: who managed to, you know, go through this ordeal as 262 00:13:25,600 --> 00:13:28,920 Speaker 1: an innocent person, and the extra psychological damage that that 263 00:13:29,040 --> 00:13:32,840 Speaker 1: must do to a person who's undergoing the extreme physical 264 00:13:32,840 --> 00:13:35,800 Speaker 1: hardships and the loneliness and all the rest of it. 265 00:13:35,920 --> 00:13:38,000 Speaker 1: The violence in the prison, we talked about it, the 266 00:13:38,120 --> 00:13:40,520 Speaker 1: terrible food, et cetera. Set the cold, the heat, and 267 00:13:40,559 --> 00:13:45,120 Speaker 1: then you are there, you know, innocent forever, innocent. Right. 268 00:13:45,400 --> 00:13:48,360 Speaker 3: I was done, all my appeals were done. I was 269 00:13:48,440 --> 00:13:49,920 Speaker 3: done in court. It was over. 270 00:13:49,960 --> 00:13:56,800 Speaker 1: With that being said, you found this something, this inner strength, perseverance, 271 00:13:56,840 --> 00:13:59,079 Speaker 1: whatever you have, you describe it. And you not only 272 00:13:59,080 --> 00:14:01,840 Speaker 1: didn't you give up, but you had, first of all, 273 00:14:01,840 --> 00:14:04,480 Speaker 1: you had every reason to give up. Motion after motion 274 00:14:04,640 --> 00:14:06,960 Speaker 1: after motion, denied, denied, denied. 275 00:14:07,160 --> 00:14:10,600 Speaker 3: All I needed was one yes. I needed once one yes. 276 00:14:10,640 --> 00:14:11,040 Speaker 3: That's it. 277 00:14:11,120 --> 00:14:13,560 Speaker 1: And how you got to that is a really incredible 278 00:14:13,600 --> 00:14:17,839 Speaker 1: part of the story. So you deny, denied. Now, as 279 00:14:17,880 --> 00:14:21,040 Speaker 1: I understand that the law in Illinois at the time 280 00:14:21,600 --> 00:14:24,680 Speaker 1: allowed for post conviction testing of fingerprints in DNA, but 281 00:14:24,720 --> 00:14:25,880 Speaker 1: not ballistics. 282 00:14:25,480 --> 00:14:28,480 Speaker 3: Exactly, So in two thousand and I asked for the testing. 283 00:14:29,120 --> 00:14:32,800 Speaker 3: I've seen an article and a tribune about Illinois State Police. 284 00:14:33,160 --> 00:14:37,280 Speaker 3: Now starts using the IBIS system Integated Ballistic Identification System, 285 00:14:37,280 --> 00:14:41,200 Speaker 3: which uses algorithms to connect ballistics to crime scenes. So 286 00:14:41,240 --> 00:14:43,520 Speaker 3: I was like, that can free me. I knew it 287 00:14:43,560 --> 00:14:47,440 Speaker 3: could free me. It was just that simple. And unfortunately, 288 00:14:47,480 --> 00:14:49,720 Speaker 3: because the law didn't allow for it in two thousand 289 00:14:49,720 --> 00:14:51,920 Speaker 3: and two thousand and one, wis for it. The courts 290 00:14:52,040 --> 00:14:54,320 Speaker 3: was like, no, the law would have to be amended. 291 00:14:54,680 --> 00:14:56,480 Speaker 3: The law would have to be a change in order 292 00:14:56,560 --> 00:15:00,720 Speaker 3: to grant me the gun testing, which would potentially designer Rabian. 293 00:15:00,760 --> 00:15:01,960 Speaker 3: That was two thousand and one. 294 00:15:02,360 --> 00:15:06,000 Speaker 1: Right, So you were stuff on a technicality, right because 295 00:15:06,040 --> 00:15:08,080 Speaker 1: you knew that you had this evidence because your lawyer 296 00:15:08,080 --> 00:15:08,520 Speaker 1: had tested. 297 00:15:08,560 --> 00:15:10,480 Speaker 2: We go back to that, right. Your lawyer had had 298 00:15:10,480 --> 00:15:12,600 Speaker 2: the sense to go and get. 299 00:15:12,560 --> 00:15:16,560 Speaker 3: The testing independent lab. Independent lab. This lab had only 300 00:15:16,600 --> 00:15:18,400 Speaker 3: testified for defendants four times. 301 00:15:18,560 --> 00:15:20,680 Speaker 1: So now a lot of people would say, Okay, here 302 00:15:20,720 --> 00:15:22,800 Speaker 1: you are in the segregation unit of one of the 303 00:15:22,800 --> 00:15:25,960 Speaker 1: worst prisons in America. Not a great education. You'd have 304 00:15:25,960 --> 00:15:29,040 Speaker 1: a law degree, you didn't have a science degree. It 305 00:15:29,080 --> 00:15:33,560 Speaker 1: would seem to be hopeless. But somehow or other, you 306 00:15:33,720 --> 00:15:38,400 Speaker 1: managed to actually get the law changed from inside yourself. 307 00:15:39,040 --> 00:15:50,000 Speaker 3: So so long, long story short, it's two thousand and six. 308 00:15:50,080 --> 00:15:52,960 Speaker 3: I'm in chowhall. There's an a warden, I would say, 309 00:15:52,920 --> 00:15:55,920 Speaker 3: a southern gentleman. Maybe in past life he had slave ships. 310 00:15:56,080 --> 00:15:58,800 Speaker 3: He sees my prayer beads and he says, are you 311 00:15:58,840 --> 00:15:59,600 Speaker 3: allowed to have them? 312 00:15:59,640 --> 00:15:59,800 Speaker 2: Sir? 313 00:16:00,280 --> 00:16:03,160 Speaker 3: And me, being the sarcastic bastard I am, I buck 314 00:16:03,280 --> 00:16:05,880 Speaker 3: up and say yes, sir. So he looks at me 315 00:16:05,920 --> 00:16:08,280 Speaker 3: and says, are you sure you're allowed to have him? 316 00:16:08,480 --> 00:16:10,720 Speaker 3: I don't like your attitude. He sees the energy coming 317 00:16:10,760 --> 00:16:13,560 Speaker 3: off me. I say, sir, yes, sir, And so he 318 00:16:13,960 --> 00:16:16,400 Speaker 3: gets a little closer in my personal space than the 319 00:16:16,440 --> 00:16:19,120 Speaker 3: tar man's out with the gun. It's about two hundred inmates, 320 00:16:19,400 --> 00:16:23,320 Speaker 3: and he says, I don't like your attitude. I said, 321 00:16:23,800 --> 00:16:26,080 Speaker 3: we don't like your attitude either, sir. You brought much 322 00:16:26,160 --> 00:16:29,120 Speaker 3: misery and suffering to the land. As a result, I 323 00:16:29,160 --> 00:16:32,160 Speaker 3: went straight to segregation six months in some of the 324 00:16:32,240 --> 00:16:35,080 Speaker 3: worst conditions in the United States. But while there I 325 00:16:35,120 --> 00:16:38,360 Speaker 3: had epiphany and I wrote an article that became a 326 00:16:38,400 --> 00:16:38,960 Speaker 3: state law. 327 00:16:39,840 --> 00:16:44,480 Speaker 2: And what is that law? Yeah, exactly, here we go. 328 00:16:44,720 --> 00:16:46,720 Speaker 3: So the law is seven to twenty five. I'll see 329 00:16:46,720 --> 00:16:49,320 Speaker 3: as five hue sixteen dash three as a minute October 330 00:16:49,360 --> 00:16:52,720 Speaker 3: twenty seven, two thousand and seven, signed by Governor Blagoyevitch. 331 00:16:53,080 --> 00:16:55,560 Speaker 3: I should probably send him some money for commissary because 332 00:16:56,520 --> 00:17:00,520 Speaker 3: he actually he helped me. No, really, he helped me. I 333 00:17:00,760 --> 00:17:04,679 Speaker 3: just it slips my mind sometimes, but he helped me. 334 00:17:04,880 --> 00:17:07,399 Speaker 3: He really did. He signed my idea to law. 335 00:17:07,800 --> 00:17:10,320 Speaker 1: If you remember, back in two thousand and nine, Illinois 336 00:17:10,359 --> 00:17:13,920 Speaker 1: Governor Rod Blokoyevitch was indicted on corruption charges that included 337 00:17:13,960 --> 00:17:17,639 Speaker 1: the alleged solicitation of personal benefit in exchange for Barack 338 00:17:17,680 --> 00:17:22,640 Speaker 1: Obama's recently vacated US Senate seat. As I remember that well, 339 00:17:22,640 --> 00:17:26,400 Speaker 1: it was a bizarre episode anyway. He was later found 340 00:17:26,440 --> 00:17:30,520 Speaker 1: guilty of seventeen different charges, including wire fraud, attempted extortion, 341 00:17:30,600 --> 00:17:33,760 Speaker 1: and conspiracy to solicit bribes, and sentenced to fourteen years 342 00:17:33,800 --> 00:17:36,960 Speaker 1: behind bars. But before he left office, he did sign 343 00:17:37,000 --> 00:17:41,640 Speaker 1: Patrick's amendment into law. Now back to the law. Bill 344 00:17:41,760 --> 00:17:44,360 Speaker 1: Ryan worked for the Department of Children and Family Services 345 00:17:44,400 --> 00:17:46,320 Speaker 1: as an advocate for long term offenders. 346 00:17:46,800 --> 00:17:47,359 Speaker 2: He had a. 347 00:17:47,280 --> 00:17:50,040 Speaker 1: Newsletter that was circulated throughout prisons as well as the 348 00:17:50,080 --> 00:17:52,880 Speaker 1: families of inmates, to law professors and colleges, and even 349 00:17:53,000 --> 00:17:57,840 Speaker 1: legislators and politicians. Mister Ryan published the article that Patrick 350 00:17:57,880 --> 00:18:01,160 Speaker 1: wrote about amending the law to include post conviction ballistics 351 00:18:01,200 --> 00:18:06,359 Speaker 1: testing through the Integrated Ballistics Identification System also known as IBIS. 352 00:18:06,400 --> 00:18:12,040 Speaker 1: In turn, Illinois State Representative Arthur Turner Senior sponsored the legislation. 353 00:18:12,600 --> 00:18:15,680 Speaker 3: You can imagine the letters that come from prison, and 354 00:18:15,760 --> 00:18:19,760 Speaker 3: so Bill Ryan are a long term advocate, explained to me, 355 00:18:19,800 --> 00:18:23,720 Speaker 3: and Michelle says Patrick, you just don't get it. I 356 00:18:23,760 --> 00:18:27,240 Speaker 3: had a table full of letters. I reached down to 357 00:18:27,280 --> 00:18:30,199 Speaker 3: grab one letter, open it up. You asked me to 358 00:18:30,200 --> 00:18:33,520 Speaker 3: give it to the senators, and I did so. It's 359 00:18:33,560 --> 00:18:37,840 Speaker 3: completely by the grace of the creator, completely fortuitous, anomalist, 360 00:18:37,960 --> 00:18:39,280 Speaker 3: whatever you think. 361 00:18:39,280 --> 00:18:42,200 Speaker 2: It was all just luck, right, No, I mean. 362 00:18:42,200 --> 00:18:45,200 Speaker 3: The stars lined upwards, genetics as a comminator, it's all 363 00:18:45,200 --> 00:18:45,600 Speaker 3: the above. 364 00:18:45,920 --> 00:18:50,680 Speaker 1: It's a combination of everything. And so ultimately the log 365 00:18:50,720 --> 00:18:55,080 Speaker 1: it's changed. They opened the jail doors, they let you 366 00:18:55,119 --> 00:18:58,400 Speaker 1: out right. No, it's never not exactly. So the log 367 00:18:58,440 --> 00:18:59,720 Speaker 1: has changed. Illinois. 368 00:19:00,000 --> 00:19:02,240 Speaker 3: It comes to first state in the country to have 369 00:19:02,280 --> 00:19:05,479 Speaker 3: this law in order to grant me the gun testing. 370 00:19:05,880 --> 00:19:08,479 Speaker 3: So the log has changed. In general, Block which were 371 00:19:08,480 --> 00:19:11,399 Speaker 3: in the shadow of my attorneys over there on Clark Street, 372 00:19:11,400 --> 00:19:14,720 Speaker 3: who spent like four point five million dollars over ten 373 00:19:14,840 --> 00:19:17,000 Speaker 3: years to get me exonerated. 374 00:19:17,040 --> 00:19:19,639 Speaker 1: Well, first of all, let's not leave out there are 375 00:19:19,640 --> 00:19:22,920 Speaker 1: a lot of heroes in your story right northwest, none 376 00:19:22,960 --> 00:19:25,679 Speaker 1: bigger than you, by the way, And two of them 377 00:19:25,680 --> 00:19:27,560 Speaker 1: are in the room, And I want to recognize Steve 378 00:19:27,600 --> 00:19:31,200 Speaker 1: Drizzen and Laura and I Ryder from the Northwestern Center 379 00:19:31,200 --> 00:19:35,040 Speaker 1: on Ronfel convictions, who have been steadfast support as they 380 00:19:35,040 --> 00:19:36,879 Speaker 1: still are. They your biggest fans of me. To be 381 00:19:36,920 --> 00:19:38,919 Speaker 1: embarrassed if you heard something things they said. But anyway, 382 00:19:39,320 --> 00:19:42,919 Speaker 1: so Rockford fought every step of the way. There was 383 00:19:43,040 --> 00:19:45,560 Speaker 1: no welcoming Reese for the conquering hero. 384 00:19:45,720 --> 00:19:47,520 Speaker 3: It was none of that. It was more like my 385 00:19:47,640 --> 00:19:50,040 Speaker 3: cousin Vinnie, we don't take too can of your kind 386 00:19:50,119 --> 00:19:54,119 Speaker 3: around here. So it was a long fight. It was 387 00:19:54,119 --> 00:19:56,679 Speaker 3: a very long fight. About five rounds of gun testing 388 00:19:57,119 --> 00:20:01,440 Speaker 3: showed the gun didn't match. And of course no one 389 00:20:01,920 --> 00:20:05,239 Speaker 3: and knits mistakes in this world. So we had to 390 00:20:05,240 --> 00:20:07,840 Speaker 3: fight new trial, new trial. 391 00:20:07,880 --> 00:20:09,480 Speaker 2: But meanwhile, now you're hitting your. 392 00:20:09,359 --> 00:20:12,960 Speaker 3: Stride, I'm hitting my stride. We were winning motion after motion. 393 00:20:13,520 --> 00:20:16,359 Speaker 3: It was just amazing. It was a momentum. If you 394 00:20:16,400 --> 00:20:20,919 Speaker 3: can imagine ten fifteen years of representing myself, or you know, 395 00:20:21,040 --> 00:20:23,440 Speaker 3: just trying to navigate the system. 396 00:20:23,280 --> 00:20:26,120 Speaker 2: And you're just starting to look like a lawyer. 397 00:20:26,119 --> 00:20:28,879 Speaker 3: Did everybody tell you that I do hear that I 398 00:20:28,920 --> 00:20:32,359 Speaker 3: take my cues from Steve Drizzen, I confessed. 399 00:20:34,000 --> 00:20:38,160 Speaker 1: So, as you know, the wheels of justice turned painfully slowly. 400 00:20:38,680 --> 00:20:41,720 Speaker 1: Even after getting the law changed in order to request 401 00:20:41,760 --> 00:20:44,720 Speaker 1: new ballistics testing through the IBIS system in two thousand 402 00:20:44,760 --> 00:20:47,840 Speaker 1: and seven, it took a tremendous amount of fighting in 403 00:20:48,000 --> 00:20:50,520 Speaker 1: order for Patrick's lawyers to finally be able to present 404 00:20:50,560 --> 00:20:54,440 Speaker 1: the new evidence from two different ballistics experts, excluding as 405 00:20:54,440 --> 00:20:57,200 Speaker 1: the murder weapon the tourist nine millimeter, that same tourist 406 00:20:57,240 --> 00:21:00,480 Speaker 1: nine millimeter that was seized at Patrick's apartment. This all 407 00:21:00,520 --> 00:21:08,680 Speaker 1: happened finally in December of twenty sixteen, and then at last, 408 00:21:09,119 --> 00:21:12,200 Speaker 1: his conviction was vacated and a new trial was granted 409 00:21:12,400 --> 00:21:16,080 Speaker 1: March of twenty seventeen, and Patrick Percy was released on 410 00:21:16,200 --> 00:21:19,720 Speaker 1: bond that very April, and there he began to fight 411 00:21:19,800 --> 00:21:24,960 Speaker 1: the new trial from the outside. In November twenty eighteen, 412 00:21:25,040 --> 00:21:27,639 Speaker 1: Patrick's lawyers filed a motion for dismissal in light of 413 00:21:27,680 --> 00:21:29,959 Speaker 1: a new bit of information that was not disclosed by 414 00:21:29,960 --> 00:21:33,800 Speaker 1: the prosecution after eighteen months. A story from Lois Asher, 415 00:21:33,840 --> 00:21:37,439 Speaker 1: the victim's mother, that alluded to conscious wrongdoing by police 416 00:21:37,480 --> 00:21:40,360 Speaker 1: in regards to the gun, even though at a December 417 00:21:40,440 --> 00:21:43,240 Speaker 1: twenty eighteen hearing she admitted that the story came to 418 00:21:43,280 --> 00:21:46,080 Speaker 1: her second hand through her now deceased husband. It's still 419 00:21:46,080 --> 00:21:52,400 Speaker 1: worth hearing, but did not result in a dismissal. There's 420 00:21:52,480 --> 00:21:55,199 Speaker 1: another aspect of this case that needs to be mentioned, 421 00:21:55,240 --> 00:21:56,800 Speaker 1: which is the story of the gun. 422 00:21:57,280 --> 00:22:01,639 Speaker 3: So basically the state's attorney's once it came to realize 423 00:22:01,680 --> 00:22:05,080 Speaker 3: that the gun didn't match, even the mother of the 424 00:22:05,160 --> 00:22:08,120 Speaker 3: victim right had came forward and it was like, look, 425 00:22:08,280 --> 00:22:11,080 Speaker 3: the detectives told me and my husband back in two thousand, 426 00:22:11,320 --> 00:22:14,520 Speaker 3: that back in nineteen ninety four that they couldn't find 427 00:22:14,520 --> 00:22:17,000 Speaker 3: a gun that killed their sons. So they just put 428 00:22:17,040 --> 00:22:20,439 Speaker 3: Patrick's gun into evidence. And when she asked, her and 429 00:22:20,440 --> 00:22:22,800 Speaker 3: her husband asked, are you sure you have the right person? 430 00:22:22,840 --> 00:22:27,240 Speaker 3: And they responded, well, we got one anyway. You know, 431 00:22:28,760 --> 00:22:30,280 Speaker 3: there's a lot of victims in this case. 432 00:22:30,280 --> 00:22:33,760 Speaker 1: The parents of the victim right, your girlfriend ended up 433 00:22:33,760 --> 00:22:35,280 Speaker 1: spending two years in prison. 434 00:22:35,560 --> 00:22:40,040 Speaker 3: My children, I can't explained watching what they went through, 435 00:22:40,440 --> 00:22:42,440 Speaker 3: you know, all through my children, you know, because every 436 00:22:42,440 --> 00:22:46,080 Speaker 3: step of the way they were my guiding light. They 437 00:22:46,119 --> 00:22:46,959 Speaker 3: were my guiding light. 438 00:22:50,560 --> 00:22:53,720 Speaker 1: So finally the retrial is on. In January twenty nineteen, 439 00:22:54,240 --> 00:22:57,119 Speaker 1: despite the evidence pointing to the contrary, the state's ballistics 440 00:22:57,119 --> 00:23:00,480 Speaker 1: expert continued to connect the Taurus nine milimeters seize the 441 00:23:00,520 --> 00:23:05,000 Speaker 1: Patrick's apartment with the murder weapon. Meanwhile, the defense hired 442 00:23:05,040 --> 00:23:08,440 Speaker 1: two of the leading forensic firearm and tool mark experts 443 00:23:08,440 --> 00:23:11,119 Speaker 1: in the country, Chris Coleman and John Murdoch, who worked 444 00:23:11,160 --> 00:23:14,159 Speaker 1: independently of one another. That's important and arrived at the 445 00:23:14,200 --> 00:23:17,960 Speaker 1: same conclusion. The markings made on test bullets in nineteen 446 00:23:18,040 --> 00:23:21,000 Speaker 1: ninety three and twenty eleven by the tourist nine millimeters 447 00:23:21,000 --> 00:23:25,240 Speaker 1: seized from Patrick's apartment all matched and showed distinct similarities. 448 00:23:25,280 --> 00:23:26,919 Speaker 2: However, the test. 449 00:23:26,680 --> 00:23:29,880 Speaker 1: Bullets did not match the bullets and casings recovered from 450 00:23:29,880 --> 00:23:34,440 Speaker 1: the nineteen ninety three crime scene. Therefore, the inescapable and 451 00:23:34,520 --> 00:23:38,439 Speaker 1: for the authorities in this case, the inconvenient truth was 452 00:23:38,480 --> 00:23:42,080 Speaker 1: that the Taurus nine millimeter did not could not have 453 00:23:42,200 --> 00:23:51,320 Speaker 1: fired the bullets that killed Andrew Ashmer. Finally, your day comes, 454 00:23:51,359 --> 00:23:54,360 Speaker 1: your day in court. Right, how good was that day 455 00:23:54,400 --> 00:23:55,119 Speaker 1: of vindication? 456 00:23:55,480 --> 00:23:58,200 Speaker 2: Did you float out of the courtroom like. 457 00:23:58,720 --> 00:24:03,359 Speaker 3: Well, It's really strange because as I'm caught up in 458 00:24:03,400 --> 00:24:06,440 Speaker 3: these events, I realized all that this is bigger than myself. 459 00:24:06,840 --> 00:24:09,600 Speaker 3: But I had to sit for a second trial, and 460 00:24:10,040 --> 00:24:12,240 Speaker 3: even though I knew I knew I was gonna be 461 00:24:12,240 --> 00:24:14,960 Speaker 3: found innocent, I really believed it that everything came out 462 00:24:15,320 --> 00:24:18,520 Speaker 3: the judge. It was very meticulous. He was very fair, right, 463 00:24:18,840 --> 00:24:21,119 Speaker 3: but it was still very much like dangling your feet 464 00:24:21,160 --> 00:24:23,840 Speaker 3: over hell fire because he could say guilty and you 465 00:24:23,880 --> 00:24:26,200 Speaker 3: go back. So that's in the back of my head. 466 00:24:26,280 --> 00:24:29,200 Speaker 3: So when I'm actually exonerated, when I leave the courtroom, 467 00:24:29,200 --> 00:24:31,960 Speaker 3: I still have that goofy look on my face, like right, 468 00:24:32,080 --> 00:24:35,840 Speaker 3: So I still was numb. You know, it's like end 469 00:24:35,920 --> 00:24:40,320 Speaker 3: to end because you really can't believe the gravity of 470 00:24:40,359 --> 00:24:42,120 Speaker 3: the circumstances that you're caught up in. 471 00:25:00,560 --> 00:25:02,960 Speaker 1: In the twenty five years, I've been working on these 472 00:25:03,640 --> 00:25:06,639 Speaker 1: cases and on this cause, criminal justice reform as a 473 00:25:06,680 --> 00:25:11,800 Speaker 1: whole deincarceration, mandatory sense, synologic decriminalization of drugs. You know, 474 00:25:11,880 --> 00:25:14,840 Speaker 1: my heart has been with the innocence movement for all 475 00:25:14,880 --> 00:25:18,680 Speaker 1: those years. So I'm always proselytizing the questions I get 476 00:25:18,720 --> 00:25:23,240 Speaker 1: asked most frequently by civilians who don't realize until we 477 00:25:23,240 --> 00:25:25,320 Speaker 1: talk about it that these wrongful convictions happen at the 478 00:25:25,359 --> 00:25:27,000 Speaker 1: rate that they do. As I didn't realize until I 479 00:25:27,000 --> 00:25:29,560 Speaker 1: found out, what happens to the people that did this 480 00:25:29,600 --> 00:25:30,680 Speaker 1: to you? 481 00:25:30,720 --> 00:25:33,240 Speaker 2: And we know you? Answer to that is nothing almost 482 00:25:33,280 --> 00:25:34,680 Speaker 2: always karma. 483 00:25:34,800 --> 00:25:35,760 Speaker 3: Karma's always there. 484 00:25:35,880 --> 00:25:39,159 Speaker 1: Karma is the thing. And two, do you get compensation? 485 00:25:39,560 --> 00:25:43,479 Speaker 1: That question gets asked by everybody, and people just assume. 486 00:25:43,600 --> 00:25:45,639 Speaker 1: So when he walks out, tell me he got paid, right, 487 00:25:45,680 --> 00:25:47,080 Speaker 1: the state makes it up to him. 488 00:25:47,320 --> 00:25:51,480 Speaker 3: No, no, no, I mean, Illinois has the statute. But 489 00:25:51,600 --> 00:25:54,359 Speaker 3: you have to basically go through another fight called a 490 00:25:54,400 --> 00:25:57,920 Speaker 3: certificate of innocence, and then after that is another fight 491 00:25:58,119 --> 00:26:01,160 Speaker 3: for the federal level for federal civil rights violations, which 492 00:26:01,160 --> 00:26:04,040 Speaker 3: would be a wrongful conviction suit. So it's a process 493 00:26:04,160 --> 00:26:06,560 Speaker 3: no one you know. Like I said, there's no reas 494 00:26:06,760 --> 00:26:09,200 Speaker 3: for the conquering hero. It doesn't work like that. They 495 00:26:09,240 --> 00:26:12,840 Speaker 3: fight fight, fight, fight, fight, because you're messing with people's careers. 496 00:26:13,160 --> 00:26:14,159 Speaker 3: It doesn't happen like that. 497 00:26:14,960 --> 00:26:16,960 Speaker 1: But it's so crazy because it's a tax payer money. 498 00:26:16,960 --> 00:26:19,560 Speaker 1: It's not like they're paying it themselves. In Illinois, there's 499 00:26:19,560 --> 00:26:21,120 Speaker 1: a cap on how much you can get as well, 500 00:26:21,200 --> 00:26:24,000 Speaker 1: unless you can prove a civil rights violation, right right. 501 00:26:23,840 --> 00:26:27,080 Speaker 3: But all those things are beyond they're beyond the kiln. 502 00:26:27,160 --> 00:26:29,159 Speaker 3: That's all down the line. I have to fight a 503 00:26:29,200 --> 00:26:32,679 Speaker 3: whole nother fight called certificate of innocence, just like the 504 00:26:32,680 --> 00:26:35,800 Speaker 3: post conviction petitions. So it's a fight after fight. 505 00:26:36,400 --> 00:26:38,879 Speaker 1: But even then, the cap is I think going to 506 00:26:38,920 --> 00:26:40,399 Speaker 1: surprise a lot of people how low it is. And 507 00:26:40,480 --> 00:26:42,800 Speaker 1: Illinois is not the worst state by far right, but 508 00:26:42,840 --> 00:26:44,080 Speaker 1: the cap here is what it's under. 509 00:26:43,960 --> 00:26:46,040 Speaker 3: Two hundred I know it's about one twenty something like. 510 00:26:46,000 --> 00:26:49,159 Speaker 2: That, under two hundred thousand dollars for twenty five years and. 511 00:26:49,200 --> 00:26:52,160 Speaker 1: Seven in present right, And that's after you fight, fight, fight, 512 00:26:52,160 --> 00:26:53,760 Speaker 1: fight fight. 513 00:26:53,800 --> 00:26:55,040 Speaker 2: The good news is we're moving. 514 00:26:55,080 --> 00:26:57,919 Speaker 1: The project has been really moving the needle on getting 515 00:26:58,000 --> 00:27:01,280 Speaker 1: laws passed state after state compensation laws. We're now up 516 00:27:01,320 --> 00:27:03,160 Speaker 1: to thirty five states that have in their fifteen states 517 00:27:03,200 --> 00:27:05,480 Speaker 1: that have no laws whatsoever. In some states that have 518 00:27:05,520 --> 00:27:07,520 Speaker 1: a match, I think Misconsot right next door has a 519 00:27:07,560 --> 00:27:11,719 Speaker 1: cap of twenty five thousand dollars. So now you're out 520 00:27:12,280 --> 00:27:17,119 Speaker 1: right making speeches and anyone who has heard Patrick's story today, 521 00:27:17,119 --> 00:27:23,040 Speaker 1: If you know another organization, corporate, or otherwise that's interested 522 00:27:23,080 --> 00:27:25,240 Speaker 1: in having him come and speak, that's how you're supporting yourself. 523 00:27:25,320 --> 00:27:27,800 Speaker 3: I'll run my mouth for a living. That's what I do. 524 00:27:27,840 --> 00:27:30,160 Speaker 3: You run your mouth for I can't do much else. 525 00:27:30,240 --> 00:27:32,160 Speaker 2: Yeah, well you could do that. So that's number one. 526 00:27:32,400 --> 00:27:34,919 Speaker 1: And then the other thing is, you know, we're just 527 00:27:35,000 --> 00:27:37,720 Speaker 1: out here trying to educate everyone. I mean, I'll ask 528 00:27:37,800 --> 00:27:41,960 Speaker 1: everybody that's here to ask everyone you know to serve 529 00:27:42,000 --> 00:27:45,000 Speaker 1: on a jury. Remember the things that you're hearing now 530 00:27:45,280 --> 00:27:47,280 Speaker 1: when you're in that jury box. You know, the research 531 00:27:47,359 --> 00:27:50,159 Speaker 1: is now showing the jurors are predisposed to think that 532 00:27:50,200 --> 00:27:52,480 Speaker 1: a person in defend this box is guilty just because 533 00:27:52,480 --> 00:27:57,360 Speaker 1: they're there eighty percent to twenty percent. So remember Patrick, 534 00:27:57,480 --> 00:28:01,280 Speaker 1: Remember what happened to him, And how what you're watching 535 00:28:01,359 --> 00:28:03,400 Speaker 1: unfold in front of you as you're holding somebody's life 536 00:28:03,400 --> 00:28:06,320 Speaker 1: in your hands, may not be what you're being told 537 00:28:06,320 --> 00:28:10,480 Speaker 1: that it is. So they're supposed to be a reasonable doubt, 538 00:28:10,600 --> 00:28:12,600 Speaker 1: reason of doubt, right, and they're supposed to be a 539 00:28:12,680 --> 00:28:13,720 Speaker 1: presumption of innocence. 540 00:28:14,119 --> 00:28:14,840 Speaker 2: None of that work. 541 00:28:15,280 --> 00:28:19,040 Speaker 3: No, it's a credibility deficit. There's a credibility deficit for 542 00:28:19,080 --> 00:28:21,720 Speaker 3: a defendant walking the door, period. And if you're poor, 543 00:28:22,080 --> 00:28:24,639 Speaker 3: there's a credibility deficit. And if you're behind bars and 544 00:28:24,640 --> 00:28:27,359 Speaker 3: you're fighting the case, you're not going nowhere unless you 545 00:28:27,440 --> 00:28:29,640 Speaker 3: have an attorney. So pro say gets no play. 546 00:28:30,440 --> 00:28:31,440 Speaker 2: Pro sake, get's no play. 547 00:28:31,480 --> 00:28:33,840 Speaker 1: I want to ask you this question as we wind down, 548 00:28:33,840 --> 00:28:35,320 Speaker 1: and I have one more question after this. 549 00:28:36,880 --> 00:28:37,440 Speaker 2: Are you bitter? 550 00:28:37,920 --> 00:28:38,840 Speaker 3: No? 551 00:28:38,840 --> 00:28:40,680 Speaker 2: No, that's I thought that was a good question. 552 00:28:40,920 --> 00:28:45,400 Speaker 3: No, it's no. I'm hurt. I'm very hurt. You know, 553 00:28:45,560 --> 00:28:49,080 Speaker 3: I have reservoirs of hurt. So seeing what this has 554 00:28:49,120 --> 00:28:51,720 Speaker 3: done to my children, you know, it's like stepping outside 555 00:28:51,760 --> 00:28:54,760 Speaker 3: of a time machine and not really connecting with nothing 556 00:28:54,800 --> 00:28:57,760 Speaker 3: out here because I'm the analog man from nineteen ninety three, 557 00:28:58,520 --> 00:29:02,280 Speaker 3: you know. So it's really a very strange, you know, 558 00:29:02,600 --> 00:29:05,640 Speaker 3: just surreal existence. But we make the best of it. 559 00:29:05,680 --> 00:29:08,760 Speaker 3: We make the best of it. You know. I amkculture 560 00:29:08,800 --> 00:29:11,480 Speaker 3: dot org. So I reduced gun and gag violence promote 561 00:29:11,560 --> 00:29:15,360 Speaker 3: higher education on the organization I found it while. 562 00:29:14,760 --> 00:29:17,000 Speaker 1: That I am kidculture dot org. And of course you're 563 00:29:17,040 --> 00:29:19,000 Speaker 1: on You're on all social media now too. You hit 564 00:29:19,000 --> 00:29:20,440 Speaker 1: the ground running. I mean, you only been el since 565 00:29:20,480 --> 00:29:21,440 Speaker 1: January you got I. 566 00:29:21,560 --> 00:29:24,080 Speaker 3: Was on social media before I got out that that 567 00:29:24,200 --> 00:29:26,600 Speaker 3: was that was my thing. I was a writer and 568 00:29:26,680 --> 00:29:30,920 Speaker 3: Michelle helped propagate the stories. And we had professors coming 569 00:29:30,960 --> 00:29:34,239 Speaker 3: in and out Stateville for years who was taking our 570 00:29:34,280 --> 00:29:36,960 Speaker 3: material They were you know, volunteers, and they were taking 571 00:29:36,960 --> 00:29:40,400 Speaker 3: our materials to gang peace circles, high schools, colleges. Kit 572 00:29:40,480 --> 00:29:43,920 Speaker 3: Culture actually was born in Stateville, where I had a 573 00:29:44,000 --> 00:29:48,040 Speaker 3: natural life sentence. Also, I have a book on Amazon, also, 574 00:29:48,120 --> 00:29:51,280 Speaker 3: the Adventures of Kid Culture in the World Explorers. We 575 00:29:51,400 --> 00:29:55,280 Speaker 3: got t shirts on I amkidculture dot org. Please support, support, 576 00:29:55,360 --> 00:29:58,160 Speaker 3: support because we are trying to connect to stop the 577 00:29:58,240 --> 00:30:01,520 Speaker 3: violence movement across the country. Show culture to culture. 578 00:30:01,720 --> 00:30:03,200 Speaker 1: And one more thing, I got to ask this more 579 00:30:03,320 --> 00:30:05,680 Speaker 1: question before I get to the last part. So you 580 00:30:05,760 --> 00:30:09,440 Speaker 1: did talk very beautifully earlier about the programs that you 581 00:30:09,560 --> 00:30:12,080 Speaker 1: sponsored in prison and about the importance of education. 582 00:30:12,320 --> 00:30:17,080 Speaker 3: Yes, so basically everyone knows how the grants got took 583 00:30:17,080 --> 00:30:20,000 Speaker 3: in our prisons. Well, we led a fight to reverse that. 584 00:30:20,040 --> 00:30:24,320 Speaker 3: We had did charities in prison. Police left. We said 585 00:30:24,320 --> 00:30:26,760 Speaker 3: we're going to do hats for the homeless. So every 586 00:30:26,760 --> 00:30:30,440 Speaker 3: time we tried to do something positive. People kind of 587 00:30:30,480 --> 00:30:33,080 Speaker 3: like aah, right, well we still did it. So there 588 00:30:33,120 --> 00:30:36,520 Speaker 3: was very much that persistence. And also try to reach 589 00:30:36,560 --> 00:30:39,240 Speaker 3: out to the community at large to show, you know, 590 00:30:39,360 --> 00:30:43,200 Speaker 3: not just to stare the kids away from crime and 591 00:30:43,640 --> 00:30:46,080 Speaker 3: educate college kids that were volunteering to come into state 592 00:30:46,120 --> 00:30:48,920 Speaker 3: Bill also kind of educate the public at large. There's 593 00:30:48,920 --> 00:30:51,880 Speaker 3: a lot of mismanagement and gross waste of money in 594 00:30:52,000 --> 00:30:54,360 Speaker 3: the prison system. 595 00:30:54,400 --> 00:30:55,480 Speaker 2: Well said again. 596 00:30:55,840 --> 00:30:58,640 Speaker 1: And I now come to my favorite part of the show, 597 00:30:59,000 --> 00:31:02,880 Speaker 1: which is when I get to thank you Patrick Pursley 598 00:31:02,960 --> 00:31:06,840 Speaker 1: for coming and sharing your story, and you know, just 599 00:31:06,880 --> 00:31:09,320 Speaker 1: for being here and being such a great example for 600 00:31:09,440 --> 00:31:12,720 Speaker 1: everybody of the power of the human spirit. And thank 601 00:31:12,840 --> 00:31:16,160 Speaker 1: the audience here for being here and listening of course 602 00:31:16,280 --> 00:31:19,440 Speaker 1: Laura and Steve again for everything you're doing, and all 603 00:31:19,480 --> 00:31:22,800 Speaker 1: the great activists in the room. And this part of 604 00:31:22,840 --> 00:31:25,560 Speaker 1: the show I call it closing argument. This is where 605 00:31:25,600 --> 00:31:28,080 Speaker 1: I actually get to turn my mic off. Thank you 606 00:31:28,160 --> 00:31:30,719 Speaker 1: once again. Thank to everybody at home or on your 607 00:31:30,760 --> 00:31:32,720 Speaker 1: device wherever you're listening to Wrongful. 608 00:31:32,360 --> 00:31:35,240 Speaker 2: Conviction, Please check out the other episodes. 609 00:31:35,280 --> 00:31:37,800 Speaker 1: One story is crazier than the other and you can 610 00:31:37,880 --> 00:31:40,640 Speaker 1: learn something from each one of them. So now I'm 611 00:31:40,680 --> 00:31:43,840 Speaker 1: signing off and leaving your microphone on and I'm just 612 00:31:43,880 --> 00:31:46,440 Speaker 1: going to kick back and listen right. 613 00:31:46,520 --> 00:31:49,880 Speaker 3: Those and arguments. Remember, people, everything isn't always is seems. 614 00:31:50,720 --> 00:31:55,840 Speaker 3: Everyone has intrinsic value. Every one of us has value. 615 00:31:57,280 --> 00:31:58,960 Speaker 3: That has to be our mission to be able to 616 00:31:59,040 --> 00:32:04,160 Speaker 3: teach compassionate love. Right, So, facing the worst possible conditions, 617 00:32:05,800 --> 00:32:08,880 Speaker 3: you can still move mountains and that is very much 618 00:32:08,880 --> 00:32:13,720 Speaker 3: a testament to the spirit. And I have to thank Northwestern, 619 00:32:13,800 --> 00:32:16,400 Speaker 3: I have to thank you. I have to thank General Block, Prison, 620 00:32:16,480 --> 00:32:19,520 Speaker 3: Neighborhood Arts Project, Michelle, everyone that's been there every step 621 00:32:19,520 --> 00:32:21,600 Speaker 3: of the way. Because I'm a mess. I will tell 622 00:32:21,640 --> 00:32:24,600 Speaker 3: you I'm a mess. Don't let anyone tell you otherwise 623 00:32:24,640 --> 00:32:28,600 Speaker 3: that doing hard time and inhumane conditions, that would be 624 00:32:28,640 --> 00:32:30,920 Speaker 3: against the law for you to leave your dog in 625 00:32:31,680 --> 00:32:35,000 Speaker 3: So you think like that, So I always keep a 626 00:32:35,160 --> 00:32:38,440 Speaker 3: part of me in the cellhouse. Right. So right now, 627 00:32:38,640 --> 00:32:41,480 Speaker 3: let's see they're back from child. You know that you 628 00:32:41,560 --> 00:32:44,520 Speaker 3: have birds flying over their heads, you have spiders, you 629 00:32:44,560 --> 00:32:48,480 Speaker 3: have mice, You have people who are loved, you know, 630 00:32:48,600 --> 00:32:51,560 Speaker 3: loved ones and prisoners who are basically kind of get 631 00:32:51,560 --> 00:32:54,680 Speaker 3: the scarlet letter for loving a prisoner. You see what 632 00:32:54,720 --> 00:32:58,440 Speaker 3: I'm saying. So basically, if you have loved ones behind bars, 633 00:32:58,480 --> 00:33:02,520 Speaker 3: write iler it at wrongful conviction. Consultants were trying to 634 00:33:02,520 --> 00:33:05,800 Speaker 3: do something. We got allowed prisoners talk to us ellas 635 00:33:06,040 --> 00:33:08,760 Speaker 3: I amkidculture dot org. It's a five o' one c 636 00:33:08,960 --> 00:33:12,760 Speaker 3: three reducing gun and game violence. We did a mixtape. 637 00:33:13,120 --> 00:33:15,200 Speaker 3: Imagine that fifty three year old man come out prison, 638 00:33:15,280 --> 00:33:18,000 Speaker 3: do a mixtape and no, I'm not rapping. It just 639 00:33:18,040 --> 00:33:21,720 Speaker 3: tells the story of the wrongful conviction as well as 640 00:33:22,040 --> 00:33:25,240 Speaker 3: the violence and Rockford, but also the hope and always 641 00:33:25,240 --> 00:33:28,320 Speaker 3: work for love, Always work for love. It is the 642 00:33:28,440 --> 00:33:31,520 Speaker 3: highest vibration of human spirit. And that's my closing arguments. 643 00:33:31,520 --> 00:33:32,680 Speaker 3: Thank you so much for having me. 644 00:33:43,320 --> 00:33:45,959 Speaker 1: Don't forget to give us a fantastic review wherever you 645 00:33:46,000 --> 00:33:47,080 Speaker 1: get your podcasts. 646 00:33:47,120 --> 00:33:48,040 Speaker 2: It really helps. 647 00:33:48,480 --> 00:33:51,320 Speaker 1: And I'm a proud donor to the Annescence Project, and 648 00:33:51,360 --> 00:33:54,080 Speaker 1: I really hope you'll join me in supporting this very 649 00:33:54,120 --> 00:33:58,120 Speaker 1: important cause and helping to prevent future wrongful convictions. Go 650 00:33:58,200 --> 00:34:01,200 Speaker 1: to Innocence Project dot org learn how to donate and 651 00:34:01,240 --> 00:34:04,400 Speaker 1: get involved. I'd like to thank our production team, Connor 652 00:34:04,440 --> 00:34:07,160 Speaker 1: Hall and Kevin Wartis. The music in the show is 653 00:34:07,160 --> 00:34:10,680 Speaker 1: by three time Oscar nominated composer Jay Ralft. Be sure 654 00:34:10,719 --> 00:34:15,040 Speaker 1: to follow us on Instagram at Wrongful Conviction and on Facebook. 655 00:34:14,440 --> 00:34:16,239 Speaker 2: At Wrongful Conviction podcast. 656 00:34:16,600 --> 00:34:19,680 Speaker 1: Wrongful Conviction with Jason Flam is a production of Lava 657 00:34:19,680 --> 00:34:26,560 Speaker 1: for Good Podcasts and association with Signal Company Number one