WEBVTT - #160 Wrongful Conviction: False Confessions - Norfolk 4

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<v Speaker 1>Welcome to Wrongful Conviction, False Confessions. I'm Laura and I

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<v Speaker 1>writer and I'm Steve Derson. Steve and I are lawyers.

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<v Speaker 1>We fight to free people who've been wrongfully convicted, and

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<v Speaker 1>our specialty is false confessions. In the season one of

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<v Speaker 1>this podcast, we shared twelve true stories of people who

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<v Speaker 1>confess to crimes they didn't commit. This season, we're back

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<v Speaker 1>with more stories that show how injustice that starts in

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<v Speaker 1>the interrogation room can spread across the entire criminal justice system.

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<v Speaker 1>These are twelve more cases that keep us up at night.

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<v Speaker 1>Today's case feels like a recurring nightmare. We'll tell you

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<v Speaker 1>about not one, but four US Navy sailors who falsely

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<v Speaker 1>confess to murdering another sailor's wife. They volunteered to fight

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<v Speaker 1>for their country, but they ended up fighting for their

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<v Speaker 1>own freedom.

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<v Speaker 2>The Norfolk Fort is an iconic case because it is

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<v Speaker 2>one of the most colossal screw ups in the history

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<v Speaker 2>of American justice. I never thought this case would go

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<v Speaker 2>to trial, but it did and they were convicted, and

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<v Speaker 2>I was stunned.

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<v Speaker 1>When you think about these guys from all across the

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<v Speaker 1>United States who signed up to serve their country in

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<v Speaker 1>the military, and this is what they were handed. It's outrageous.

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<v Speaker 1>I mean, Steve, you've had family members in the military.

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<v Speaker 2>Yeah, my father served and he enlisted less than six

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<v Speaker 2>months after his own brother was killed at Iwo Jima.

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<v Speaker 2>I grew up. Every Memorial Day we would gather by

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<v Speaker 2>my uncle's graveside, and these men in uniform would fire

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<v Speaker 2>rifles into the air, and I can still hear how

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<v Speaker 2>loud they were to like a seven year old kid.

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<v Speaker 2>The military was something that was respected in my household.

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<v Speaker 2>You know, the military is built on honor.

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<v Speaker 1>The truth is every one of the Norfolk four was

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<v Speaker 1>there to serve his country, and instead their reputations and

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<v Speaker 1>their lives were dragged through the mud.

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<v Speaker 2>It's like a war zone at the end of this case,

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<v Speaker 2>with bodies strewn all over the place.

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<v Speaker 1>But nobody won.

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<v Speaker 2>That's right. Everybody was a casualty. It took twenty years

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<v Speaker 2>to right this wrong completely, and it never should have

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<v Speaker 2>happened in the first place.

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<v Speaker 1>Today's story starts at the US Naval station in Norfolk, Virginia.

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<v Speaker 1>It's the world's largest naval base, the headquarters of the

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<v Speaker 1>Fleet Forces Command, and it all sits on a narrow

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<v Speaker 1>peninsula separating the Chesapeake Bay from the Atlantic Ocean. That's

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<v Speaker 1>where the USS Simpson docs at Peer five on July eighth,

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<v Speaker 1>nineteen ninety seven, after six days at sea. Among the

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<v Speaker 1>hundreds of sailors on board is built Tillie Bosco, a

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<v Speaker 1>nineteen year old signalman. As his ship maneuvers into place,

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<v Speaker 1>Billy is scanning the pier. He's hoping to find his

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<v Speaker 1>eighteen year old bride, Michelle, waiting for him. Billy and

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<v Speaker 1>Michelle were high school sweethearts from Pittsburgh who'd been married

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<v Speaker 1>for just three months. They'd met a few years earlier

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<v Speaker 1>on the school bus when Billy's eye was caught by

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<v Speaker 1>Michelle's red hair. He tried to impress her by saying, hey, Toots,

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<v Speaker 1>nice jacket, but it was her quick response, my name's

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<v Speaker 1>Michelle that impressed him. Pretty soon they became inseparable. After graduating,

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<v Speaker 1>Billy enlisted in the navy. Michelle followed him to Norfolk,

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<v Speaker 1>where they got married. But when Billy's ship docks that day,

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<v Speaker 1>there's no Michelle waiting for him. He goes straight home

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<v Speaker 1>to their tiny apartment off base. Michelle usually kept the

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<v Speaker 1>place spotlessly clean, but today is horribly different. On the

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<v Speaker 1>bedroom floor, Billy finds his wife dead, wearing nothing but

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<v Speaker 1>a black T shirt and found it by blood. She's

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<v Speaker 1>been raped, stabbed, and strangled. Billy searches for the phone,

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<v Speaker 1>but in his panic, he can't find it. Instead, he

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<v Speaker 1>runs next door to the apartment of another naval couple,

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<v Speaker 1>Daniel and Nicole Williams. Billy tells them his wife is dead,

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<v Speaker 1>and Daniel calls nine one one. The two men go

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<v Speaker 1>back to the scene, where they put a blanket over

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<v Speaker 1>Michelle's legs. Police arrive just minutes later. There are no

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<v Speaker 1>signs of forest entry, so police theorized that Michelle knew

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<v Speaker 1>her attacker and had let him in. They ask Michelle's

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<v Speaker 1>friends who might have done this. No one has any ideas.

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<v Speaker 1>The police keep pressing, though, and one friend finally mentions

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<v Speaker 1>the neighbor, Daniel Williams. Daniel was a twenty five year

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<v Speaker 1>old sailor from Michigan who'd also just gotten married. But

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<v Speaker 1>Daniel and his wife, Nicole, had recently gotten some terrible news.

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<v Speaker 1>They had thought Nichole was expecting, but she wasn't pregnant

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<v Speaker 1>after all. Instead, she was dying of ovarian cancer. Daniel,

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<v Speaker 1>grief stricken but the police had ideas of their own

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<v Speaker 1>about how he was handling it. They developed a theory

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<v Speaker 1>that Daniel had become interested in Michelle. It's only been

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<v Speaker 1>an hour and a half since Michelle's body was found,

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<v Speaker 1>but police are somehow already convinced they've got their man.

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<v Speaker 1>With no other leads, police ask Daniel Williams to come

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<v Speaker 1>down to the station. They tell him it's normal to

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<v Speaker 1>question anyone who'd been involved in discovering a body, and

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<v Speaker 1>Daniel finds himself alone in an interrogation room, totally unprepared

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<v Speaker 1>for what's about to happen.

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<v Speaker 3>This is the worst type of crime you can imagine,

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<v Speaker 3>not only a murder, but a murder rape of a

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<v Speaker 3>young woman. And these are the kinds of cases that

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<v Speaker 3>really get the adrenaline of police departments up.

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<v Speaker 1>That's our friend Richard Leo, one of the globes leading

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<v Speaker 1>experts on false confessions. He's also co authored a book

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<v Speaker 1>about the Norfolk four.

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<v Speaker 3>It's entrenched in the police culture that when you interrogate,

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<v Speaker 3>it's because your goal is to get a confession. We

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<v Speaker 3>all think an innocent person wouldn't falsely confess, So it's

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<v Speaker 3>a puzzle why would people do something that none of

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<v Speaker 3>us think we would do.

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<v Speaker 1>Some of you may remember our explanation of how false

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<v Speaker 1>confessions happen from last season. If you're new to this podcast,

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<v Speaker 1>you can check out our first episode, or Steve and

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<v Speaker 1>I take a deep dive into the interrogation room. Here's

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<v Speaker 1>how it goes. For Daniel Williams, police accuse him of

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<v Speaker 1>raping and killing Michelle Bosco, and Daniel says he had

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<v Speaker 1>nothing to do with it. They ask him to take

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<v Speaker 1>a polygraph and he agrees. He wants to prove his innocence.

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<v Speaker 1>But police lie to Daniel. They tell him he failed

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<v Speaker 1>the polygraph, when he really passed it. They say the

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<v Speaker 1>polygraph proves he's guilty.

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<v Speaker 3>Polygraphs, in any event, are highly unreliable. They're not scientific

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<v Speaker 3>what police pretend they are. You give a suspect polygraph,

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<v Speaker 3>you tell them the results indicate that they're lying, and

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<v Speaker 3>that the machine is scientific and error free. So it's

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<v Speaker 3>an effective interrogation technique in breaking down somebody's resistance and

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<v Speaker 3>denials because science has just proven beyond any doubt that

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<v Speaker 3>they are guilty.

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<v Speaker 1>Daniel's scared as hell. It's dawning on him that the

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<v Speaker 1>police will never believe he's innocent. They insist that Daniel

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<v Speaker 1>needs to admit he attacked Michelle. The interrogation goes on

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<v Speaker 1>overnight for eight hours, but Daniel won't say he did it.

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<v Speaker 4>Now.

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<v Speaker 1>None of the interrogation was taped, so we don't have

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<v Speaker 1>a perfect record of what happened, but we do know

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<v Speaker 1>that by early morning Daniel still hadn't confessed. So police

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<v Speaker 1>bring in a closer, an interrogator who knows how to

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<v Speaker 1>get confessions, and according to Daniel, that's when things get

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<v Speaker 1>really rough.

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<v Speaker 2>So the detective who was the primary instigator in this

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<v Speaker 2>case was a man named Detective Ford, and Daniel Williams

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<v Speaker 2>was not equipped to deal with his high stress interrogation tactics.

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<v Speaker 1>According to Daniel, the detective suggests that he'd been attracted

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<v Speaker 1>to Michelle, he couldn't have sex with his dying wife

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<v Speaker 1>as much as he wanted to. Ford says, maybe Daniel

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<v Speaker 1>wanted an affair with Michelle and he went to her

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<v Speaker 1>apartment to get it.

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<v Speaker 2>Daniel went from the joy of finding someone to spend

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<v Speaker 2>the rest of his life with to knowing that his

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<v Speaker 2>wife was going to die a painful and miserable death

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<v Speaker 2>in all likelihood, In the middle of that, he's accused

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<v Speaker 2>of sexually assaulting and murdering his neighbor. Unbelievable.

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<v Speaker 1>The interrogation only gets worse from there. Daniels told the

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<v Speaker 1>evidence against him is rock solid. The death penalty is

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<v Speaker 1>on the table, Ford tells him unless he cooperates with

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<v Speaker 1>police and.

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<v Speaker 2>Confesses, Daniel is essentially assaulted with threats of the death penalty,

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<v Speaker 2>lies about the evidence against him, screaming, shouting, breaking him down,

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<v Speaker 2>accusing him of being a liar, and after a long

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<v Speaker 2>period of time, and you'll agrees to a preconceived story

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<v Speaker 2>that was fed to him by Detective Ford.

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<v Speaker 1>That's when police finally turned on the tape recorder.

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<v Speaker 5>I got her in the back room and I forced

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<v Speaker 5>her to the floor and I forced her to have

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<v Speaker 5>intercourse with me. She resisted, and I hit her a

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<v Speaker 5>couple of times with my hand. I grabbed a flat,

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<v Speaker 5>hard shoe and I struck her with it once and

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<v Speaker 5>I got up and I left.

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<v Speaker 1>Soon enough, though, police realized they've got a problem while

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<v Speaker 1>they recording dan Neill's confession. The autopsy report comes back

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<v Speaker 1>and they learned Michelle hadn't been beaten with a shoe.

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<v Speaker 1>She'd actually been stabbed, So now police have to feed

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<v Speaker 1>Daniel a news story.

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<v Speaker 5>So you stabbed the proximate three times? Is that greg

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<v Speaker 5>that is cured.

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<v Speaker 3>People look at these confessions and say, well, geez, you know,

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<v Speaker 3>they described the crime scene, they described the weapon. People

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<v Speaker 3>don't know that when an innocent person is broken down

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<v Speaker 3>and falsely confesses, the police fed them the crime facts

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<v Speaker 3>and the person, after many hours, repeated that back.

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<v Speaker 1>By seven o'clock the next morning, Daniel Williams has become

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<v Speaker 1>a confessed killer. He's arrested and calls his mom right

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<v Speaker 1>away from jail to recant his confession, but it's too late.

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<v Speaker 1>Daniel is charged with capital murder, meaning the death penalty

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<v Speaker 1>is on the table, and the Norfolk Police close the case.

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<v Speaker 1>The case stayed closed for all of four months. That's

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<v Speaker 1>when results came back from a DNA test on the

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<v Speaker 1>scene found on Michelle's body. It was a single mail

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<v Speaker 1>profile that didn't belong to Daniel Williams.

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<v Speaker 2>Game over. This is the kind of evidence that exonerates defendants.

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<v Speaker 2>All of the.

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<v Speaker 1>Time, Dan should have been on his way home.

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<v Speaker 2>He and his wife should have been able to spend

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<v Speaker 2>her remaining days together.

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<v Speaker 1>His confession was false. The DNA proved it, but the

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<v Speaker 1>police refused to let go of their belief in Daniel's guilt. Instead,

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<v Speaker 1>they developed a new theory. Another man must have been

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<v Speaker 1>there too, and before long they picked out a second suspect.

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<v Speaker 6>This episode is sponsored by AIG, a leading global insurance company,

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<v Speaker 6>and Paul Weiss Rifkin, Wharton and Garrison, a leading international

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<v Speaker 6>law firm. The AIG pro Bono Program provides free legal

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<v Speaker 6>services and other support to many nonprofit organizations and individuals

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<v Speaker 6>most in need, and recently they announced that working to

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<v Speaker 6>reform the criminal justice system will become a key pillar

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<v Speaker 6>of the program's mission. Paul Weiss has long had an

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<v Speaker 6>unwavering commitment to providing impactful pro bono legal assistance to

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<v Speaker 6>the most vulnerable members of our society and in support

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<v Speaker 6>of the public interest, including extensive work in the criminal

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<v Speaker 6>justice area.

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<v Speaker 1>Joe Dick was twenty one, a Navy sailor who rented

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<v Speaker 1>a room from Daniel and Nicole Williams. Joe had grown

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<v Speaker 1>up in Baltimore with major intellectual disabilities that made him

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<v Speaker 1>think more like a child. Joe was eager to please

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<v Speaker 1>and very easy to intimidate. As a high schooler, he

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<v Speaker 1>worked at his church mowing the lawn until one day

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<v Speaker 1>when the mower clogged, Joe reached inside and the blade

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<v Speaker 1>cut off a couple of his fingers. After that, whenever

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<v Speaker 1>his high school shop teachers told him to use machinery

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<v Speaker 1>that he didn't understand, Joe would hide until class was over. Unfortunately,

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<v Speaker 1>Joe couldn't hide from Detective Ford. Six months after Michelle's death,

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<v Speaker 1>naval security turns Joe over for interrogation. Detective Ford accuses

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<v Speaker 1>Joe of helping Daniel kill Michelle Bosco. Now Joe is

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<v Speaker 1>really confused because he remembers being on his ship the

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<v Speaker 1>night Michelle was killed. But again, Ford administers a polygraph

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<v Speaker 1>and says Joe failed. Ford shows Joe a picture of

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<v Speaker 1>Michelle lying dead on the floor and says he'll get

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<v Speaker 1>the death penalty unless he admits helping Daniel kill her.

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<v Speaker 1>It's pretty clear there's only one story Ford will accept.

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<v Speaker 3>Innocent suspects come to see their situation as hopeless, that

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<v Speaker 3>there's no way out other than to give the interrogator

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<v Speaker 3>what they want, and the interrogator is offering them a

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<v Speaker 3>way out by suggesting they can go home, or they'll

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<v Speaker 3>mitigate their damage, or they can just put an end

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<v Speaker 3>to it the interrogation. Most people don't know police are

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<v Speaker 3>trained in these manipulative techniques. And of course, if the

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<v Speaker 3>police have the right person, that's a good thing as

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<v Speaker 3>long as they follow the law. But sometimes they get

0:14:08.679 --> 0:14:09.440
<v Speaker 3>the wrong person.

0:14:10.120 --> 0:14:13.400
<v Speaker 1>Soon enough, Detective Forward turns on the recorder and Joe

0:14:13.400 --> 0:14:17.040
<v Speaker 1>Dick confesses to helping Daniel rape and murder Michelle Bosco.

0:14:17.520 --> 0:14:19.320
<v Speaker 1>At least he does the best he can.

0:14:20.600 --> 0:14:23.280
<v Speaker 7>Why did you two take it upon yourselves to rape

0:14:23.400 --> 0:14:25.000
<v Speaker 7>and murder this one.

0:14:27.840 --> 0:14:38.040
<v Speaker 4>Don't know? Didn't you describe the knife? All I can

0:14:38.080 --> 0:14:41.560
<v Speaker 4>say about the knife is it looked like a normal

0:14:41.640 --> 0:14:45.480
<v Speaker 4>kitchen knife that you would use for made or song

0:14:45.920 --> 0:14:46.640
<v Speaker 4>to Charlotte.

0:14:46.760 --> 0:14:53.320
<v Speaker 3>Yes, Joe Dick is slow and low functioning and highly suggestible,

0:14:53.960 --> 0:14:57.800
<v Speaker 3>and these are personality traits that make somebody more vulnerable

0:14:57.840 --> 0:15:01.960
<v Speaker 3>to making false confessions. And so it took less time

0:15:02.520 --> 0:15:05.160
<v Speaker 3>to break Joe Dick than it took to break the others.

0:15:05.440 --> 0:15:09.520
<v Speaker 2>Joe Dick was even less equipped to deal with the

0:15:09.560 --> 0:15:14.760
<v Speaker 2>interrogation tactics of Detective Ford. He was a follower in

0:15:14.840 --> 0:15:18.480
<v Speaker 2>the truest sense of the word, and Detective Ford took

0:15:18.520 --> 0:15:19.240
<v Speaker 2>advantage of that.

0:15:19.920 --> 0:15:23.360
<v Speaker 1>Based on his confession, Joe is charged with capital murder

0:15:23.520 --> 0:15:26.880
<v Speaker 1>as Daniel's co defendant. The police were sure that this

0:15:27.040 --> 0:15:31.560
<v Speaker 1>time they'd closed the case. Then within weeks Joe's DNA

0:15:31.760 --> 0:15:34.800
<v Speaker 1>is compared to this seaman from the crime scene. Turns

0:15:34.800 --> 0:15:38.400
<v Speaker 1>out the DNA doesn't belong to him either. Neither Joe

0:15:38.400 --> 0:15:41.560
<v Speaker 1>Dick nor Daniel Williams could have been the attacker, but

0:15:41.640 --> 0:15:44.960
<v Speaker 1>instead of looking outside their circle of suspects, police decide

0:15:44.960 --> 0:15:48.520
<v Speaker 1>to expand it. They insist that Daniel and Joe must

0:15:48.560 --> 0:15:51.520
<v Speaker 1>still be guilty, but now they decide a third man

0:15:51.680 --> 0:15:52.720
<v Speaker 1>must have been involved too.

0:15:53.280 --> 0:15:59.400
<v Speaker 2>You know, when faced with compelling evidence of innocence, compelling

0:15:59.440 --> 0:16:03.320
<v Speaker 2>evidence that your theory is wrong, you should be examining

0:16:03.400 --> 0:16:08.320
<v Speaker 2>the theory, not trying to reinterpret facts to create a

0:16:08.360 --> 0:16:13.400
<v Speaker 2>new theory which accommodates the DNA evidence. We see this

0:16:13.600 --> 0:16:17.760
<v Speaker 2>over and over again. When prosecutions start changing their theories

0:16:18.120 --> 0:16:22.200
<v Speaker 2>in midstream, you have to be very concerned that an

0:16:22.240 --> 0:16:23.880
<v Speaker 2>injustice is about to happen.

0:16:26.120 --> 0:16:29.440
<v Speaker 1>By this point, two injustices had already happened, and more

0:16:29.480 --> 0:16:32.400
<v Speaker 1>were still to come. Joe's lawyer told him that his

0:16:32.520 --> 0:16:35.720
<v Speaker 1>best hope of escaping the electric chair would be if

0:16:35.760 --> 0:16:39.920
<v Speaker 1>he identified one more perpetrator. Pretty soon, Joe came up

0:16:39.960 --> 0:16:43.840
<v Speaker 1>with a third name, Eric Wilson, and on April eighth,

0:16:43.920 --> 0:16:47.960
<v Speaker 1>nineteen ninety eight, Eric became the next domino waiting to fall.

0:16:50.600 --> 0:16:53.240
<v Speaker 1>Eric Wilson was a twenty one year old naval recruit

0:16:53.320 --> 0:16:56.000
<v Speaker 1>from Texas. He was an eagle scout, the kind of

0:16:56.000 --> 0:16:58.320
<v Speaker 1>guy who'd walk girls home from parties when their dates

0:16:58.360 --> 0:17:02.680
<v Speaker 1>got too drunk. On a detective Ford starts interrogating Eric

0:17:02.720 --> 0:17:06.760
<v Speaker 1>Wilson once again. Ford administers a polygraph and tells Eric

0:17:06.800 --> 0:17:09.919
<v Speaker 1>he flunked it, just like with Joe. Ford slaps a

0:17:09.920 --> 0:17:13.120
<v Speaker 1>picture of Michelle's dead body on the table and says

0:17:13.160 --> 0:17:16.240
<v Speaker 1>he can prove Eric helped Daniel and Joe commit the crime.

0:17:16.920 --> 0:17:19.960
<v Speaker 1>It was all bullshit. Eric barely even knew Daniel or Joe.

0:17:20.240 --> 0:17:23.119
<v Speaker 1>But after hours in the interrogation room, Eric starts to

0:17:23.200 --> 0:17:26.320
<v Speaker 1>doubt his own memory. Maybe he really was lying and

0:17:26.359 --> 0:17:27.199
<v Speaker 1>didn't realize it.

0:17:27.600 --> 0:17:31.280
<v Speaker 3>People come to doubt themselves and their memories or beliefs

0:17:31.359 --> 0:17:37.280
<v Speaker 3>in interrogations. It's a high pressure game of deception, manipulation,

0:17:37.560 --> 0:17:41.240
<v Speaker 3>persuasion to get people who deny committing a crime to

0:17:41.320 --> 0:17:42.439
<v Speaker 3>confess to committing it.

0:17:42.920 --> 0:17:47.040
<v Speaker 1>Eventually, Eric agrees to the cop story. Detective Ford turns

0:17:47.040 --> 0:17:50.280
<v Speaker 1>on the recorder and Eric repeats what he's been told

0:17:50.400 --> 0:17:54.280
<v Speaker 1>that he, Joe and Daniel raped Michelle, but he says

0:17:54.400 --> 0:17:56.520
<v Speaker 1>he left before the stabbing started.

0:17:57.160 --> 0:18:01.200
<v Speaker 4>I grabbed Michelle by given the shoulders are the upper arm.

0:18:02.000 --> 0:18:06.280
<v Speaker 4>I can't remember exactly. I didn't know what to do.

0:18:06.359 --> 0:18:13.840
<v Speaker 4>I was real confused. Well, Dan ended up Rapinger and

0:18:17.440 --> 0:18:21.080
<v Speaker 4>Levi went in next, and I started.

0:18:22.000 --> 0:18:25.760
<v Speaker 1>And soon enough Eric Wilson is charged as capital defendant

0:18:25.880 --> 0:18:27.120
<v Speaker 1>number three.

0:18:27.160 --> 0:18:30.720
<v Speaker 3>He said that the interrogation was so coercive that he

0:18:30.760 --> 0:18:33.600
<v Speaker 3>would have said anything. If they had told him that

0:18:33.640 --> 0:18:36.040
<v Speaker 3>he needed to confess to the killing of John F. Kennedy,

0:18:36.040 --> 0:18:38.600
<v Speaker 3>he would have said he handed Oswald the gun. He

0:18:38.600 --> 0:18:40.520
<v Speaker 3>would have said anything just to get out of there.

0:18:40.560 --> 0:18:44.040
<v Speaker 3>At the end of many, many hours that broke him down.

0:18:44.680 --> 0:18:48.240
<v Speaker 1>But again, weeks past, the DNA is tested and yet

0:18:48.280 --> 0:18:51.440
<v Speaker 1>again it's not a match. By mid June, police are

0:18:51.480 --> 0:18:52.760
<v Speaker 1>looking for a fourth man.

0:18:53.280 --> 0:18:56.720
<v Speaker 2>Zero for three. This is bad enough for Joe Dick

0:18:57.000 --> 0:19:01.320
<v Speaker 2>and Dan Williams and Eric Wilson. Imagine what it's like

0:19:01.600 --> 0:19:05.600
<v Speaker 2>for Billy Bosco. The worst possible nightmare you can imagine,

0:19:06.200 --> 0:19:09.200
<v Speaker 2>But it only gets worse because please keep telling him,

0:19:09.520 --> 0:19:12.320
<v Speaker 2>it's not just one person that raped and killed your wife,

0:19:12.400 --> 0:19:17.479
<v Speaker 2>it's two and then three. She's being violated over and

0:19:17.720 --> 0:19:22.280
<v Speaker 2>over again. He has to relive the trauma every time.

0:19:22.400 --> 0:19:27.000
<v Speaker 2>The police bring in somebody else to this story, and

0:19:27.040 --> 0:19:28.040
<v Speaker 2>it's all a lie.

0:19:28.560 --> 0:19:31.400
<v Speaker 1>To find their fourth man, police go back to Joe Dick.

0:19:32.000 --> 0:19:36.359
<v Speaker 1>After a lot more questioning, Joe offers another name, George Clark.

0:19:37.080 --> 0:19:40.120
<v Speaker 1>Now police have no idea who George Clark might be,

0:19:40.520 --> 0:19:44.040
<v Speaker 1>or if this person even exists, so they bring Joe

0:19:44.080 --> 0:19:48.040
<v Speaker 1>an old Navy yearbook. Joe flips through it and points

0:19:48.040 --> 0:19:51.920
<v Speaker 1>to a picture of a former sailor named Derek Tice. Yeah,

0:19:52.040 --> 0:19:57.440
<v Speaker 1>Joe says, that looks like him. Derek Tye was born

0:19:57.440 --> 0:20:00.520
<v Speaker 1>in North Carolina, a Southerner who called his elder sir

0:20:00.640 --> 0:20:03.679
<v Speaker 1>and ma'am. Derek was really smart, but he had a

0:20:03.720 --> 0:20:06.960
<v Speaker 1>learning disability and never did well in school. He scraped

0:20:07.000 --> 0:20:09.840
<v Speaker 1>through graduation and enlisted in the Navy to get trained

0:20:09.880 --> 0:20:13.600
<v Speaker 1>as a paramedic. But now it's Derek Tice's turn to

0:20:13.640 --> 0:20:17.040
<v Speaker 1>be questioned by Detective Ford. When Derek says he knows

0:20:17.080 --> 0:20:21.439
<v Speaker 1>nothing about Michelle Bosco's murder, Ford falsely tells Derek that

0:20:21.520 --> 0:20:24.200
<v Speaker 1>physical evidence had already proven him guilty.

0:20:24.560 --> 0:20:28.200
<v Speaker 3>Police routinely pretend to have evidence they don't have, state

0:20:28.280 --> 0:20:31.879
<v Speaker 3>that there is evidence that doesn't exist. That's an acceptable

0:20:31.880 --> 0:20:35.480
<v Speaker 3>technique in American policing. In the American legal system, unlike

0:20:35.480 --> 0:20:37.160
<v Speaker 3>in other legal systems.

0:20:37.400 --> 0:20:39.760
<v Speaker 1>Ford follows the same playbook that he used on the

0:20:39.800 --> 0:20:43.199
<v Speaker 1>other three. He administers a polygraph and tells Derek he

0:20:43.240 --> 0:20:46.720
<v Speaker 1>failed it again. Ford threatens Derek with the death penalty

0:20:46.880 --> 0:20:51.159
<v Speaker 1>unless he confesses. After nearly twelve hours of this, Derek

0:20:51.280 --> 0:20:54.720
<v Speaker 1>agrees to confess. Just like the others on tape, He

0:20:54.840 --> 0:20:57.880
<v Speaker 1>repeats the story that Ford tells him that he committed

0:20:57.880 --> 0:21:00.920
<v Speaker 1>the rape and murder along with Daniel, Joe, and Eric.

0:21:01.600 --> 0:21:04.439
<v Speaker 1>This story is enough for Derek to become the fourth

0:21:04.520 --> 0:21:06.760
<v Speaker 1>man charged with the attack on Michelle Bosco.

0:21:07.359 --> 0:21:10.520
<v Speaker 8>Why did you all agree to go with him? I

0:21:10.560 --> 0:21:15.600
<v Speaker 8>agree because of peer blessure. I can't say one of

0:21:15.680 --> 0:21:19.080
<v Speaker 8>the others did. I believe it is for the same reason.

0:21:20.000 --> 0:21:22.320
<v Speaker 1>You can probably guess what I'm about to tell you Next.

0:21:22.680 --> 0:21:25.639
<v Speaker 1>The DNA is tested yet again and it doesn't belong

0:21:25.680 --> 0:21:26.440
<v Speaker 1>to Derek either.

0:21:27.000 --> 0:21:31.320
<v Speaker 2>This is false Confession number four. Laura I know you

0:21:31.400 --> 0:21:32.840
<v Speaker 2>don't know much about baseball.

0:21:32.960 --> 0:21:34.520
<v Speaker 1>Yeah, but I do know that no one gets a

0:21:34.560 --> 0:21:35.240
<v Speaker 1>fourth strike.

0:21:36.640 --> 0:21:38.919
<v Speaker 2>You don't get a fourth strike in baseball, and you

0:21:38.960 --> 0:21:42.399
<v Speaker 2>don't get a fourth strike in law enforcement. It's time

0:21:42.480 --> 0:21:45.760
<v Speaker 2>to call this game. It's time to end this charade.

0:21:47.800 --> 0:21:51.000
<v Speaker 1>All four sailors have been proven innocent by DNA, but

0:21:51.160 --> 0:21:55.000
<v Speaker 1>prosecutors ignore the evidence and move forward with cases against

0:21:55.080 --> 0:21:59.720
<v Speaker 1>all of them. Daniel Williams, Joe Dick, Eric Wilson, and

0:22:00.000 --> 0:22:15.440
<v Speaker 1>Erick Tice become known as the Norfolk Four. As prosecutors

0:22:15.440 --> 0:22:17.800
<v Speaker 1>got ready to try the Norfolk Four, the case took

0:22:17.800 --> 0:22:22.000
<v Speaker 1>a serious twist. On February twenty second, nineteen ninety nine,

0:22:22.320 --> 0:22:25.600
<v Speaker 1>a prison inmate named Omar Ballard sent a letter to

0:22:25.640 --> 0:22:30.320
<v Speaker 1>his friend. In it, Ballard mentioned Michelle Bosco's murder and wrote,

0:22:30.560 --> 0:22:36.760
<v Speaker 1>guess who did that me? Omar Ballard was in prison

0:22:36.880 --> 0:22:40.280
<v Speaker 1>for raping a fourteen year old girl and for beating

0:22:40.400 --> 0:22:44.080
<v Speaker 1>up one of Michelle Bosco's female neighbors a few weeks

0:22:44.119 --> 0:22:47.720
<v Speaker 1>before Michelle died. In fact, right after he'd committed the assault,

0:22:47.960 --> 0:22:51.040
<v Speaker 1>Ballard had been chased through the apartment complex by an

0:22:51.080 --> 0:22:54.880
<v Speaker 1>angry crowd eager to exact revenge. To protect him from

0:22:54.920 --> 0:22:57.840
<v Speaker 1>the mob. Michelle let Ballard hide in her and Billy's

0:22:57.880 --> 0:23:01.879
<v Speaker 1>apartment until things calm down. Two weeks later, Michelle was

0:23:01.960 --> 0:23:09.199
<v Speaker 1>killed in that same apartment by someone she knew. Police

0:23:09.240 --> 0:23:12.520
<v Speaker 1>brought Ballard in from prison for questioning. This time, it

0:23:12.600 --> 0:23:16.160
<v Speaker 1>didn't take a polygraph to get a confession. Ballard admitted

0:23:16.320 --> 0:23:20.320
<v Speaker 1>to raping and stabbing Michelle Bosco, and he insisted that

0:23:20.359 --> 0:23:25.639
<v Speaker 1>he acted alone. Most importantly, police finally had their DNA match.

0:23:26.080 --> 0:23:29.360
<v Speaker 1>The seaman at the crime scene belonged to Omar Ballard.

0:23:31.320 --> 0:23:32.840
<v Speaker 9>I don't know. I guess something just tacked to my

0:23:32.920 --> 0:23:35.280
<v Speaker 9>head and I went to the kitchen and got a knife,

0:23:35.560 --> 0:23:39.000
<v Speaker 9>went back to the room. She was getting ab off

0:23:39.000 --> 0:23:41.560
<v Speaker 9>the big or she was already above the big when

0:23:41.600 --> 0:23:43.720
<v Speaker 9>I stabbed in the chairs one time, and when she

0:23:43.800 --> 0:23:46.240
<v Speaker 9>got on the floor. I think I staid about two

0:23:46.320 --> 0:23:48.880
<v Speaker 9>or three more times. I'm not quite sure was anybody

0:23:48.880 --> 0:23:50.040
<v Speaker 9>with you during this defense?

0:23:51.040 --> 0:23:56.720
<v Speaker 2>No police officers were handed the true perpetrator on a

0:23:56.760 --> 0:24:01.320
<v Speaker 2>silver platter. The wake up call was handling to them literally.

0:24:02.000 --> 0:24:06.399
<v Speaker 2>Omar Ballard confessed to this crime and then DNA matched

0:24:06.440 --> 0:24:07.879
<v Speaker 2>him before trial.

0:24:08.560 --> 0:24:13.840
<v Speaker 1>Walk away, but prosecutors wouldn't walk away. Instead, they offered

0:24:13.920 --> 0:24:17.480
<v Speaker 1>Joe Dick a plea deal if he testified that everyone

0:24:17.480 --> 0:24:20.520
<v Speaker 1>else had been there along with Ballard. For Joe, the

0:24:20.640 --> 0:24:24.600
<v Speaker 1>death penalty would be off the table. It worked. Joe

0:24:24.680 --> 0:24:27.480
<v Speaker 1>Dick pled guilty and agreed to testify against the others

0:24:27.560 --> 0:24:31.359
<v Speaker 1>as he'd been told. In short order, Derek Tice was

0:24:31.400 --> 0:24:34.600
<v Speaker 1>convicted of murder and Eric Wilson was convicted of rape.

0:24:35.080 --> 0:24:38.160
<v Speaker 1>As for Daniel Williams, he'd pled guilty to both rape

0:24:38.200 --> 0:24:43.480
<v Speaker 1>and murder only a few weeks before Ballard's letter turned up. Daniel, Joe,

0:24:43.520 --> 0:24:47.480
<v Speaker 1>and Derek all received life in prison. Eric Wilson was

0:24:47.480 --> 0:24:49.680
<v Speaker 1>sentenced to eight and a half years for rape.

0:24:50.040 --> 0:24:54.240
<v Speaker 3>There was just something almost Twilight Zone like about this case.

0:24:54.640 --> 0:24:58.320
<v Speaker 3>You had four people in prison for a rape and murder.

0:24:58.800 --> 0:25:01.720
<v Speaker 3>The DNA evidence did not link to any of them,

0:25:02.119 --> 0:25:04.600
<v Speaker 3>and it linked to somebody else who had a history

0:25:04.720 --> 0:25:08.479
<v Speaker 3>of violent crime and rape, and he admitted that he

0:25:08.520 --> 0:25:08.840
<v Speaker 3>did it.

0:25:09.200 --> 0:25:11.920
<v Speaker 1>At his own trial. In two thousand, Omar Ballard pled

0:25:11.960 --> 0:25:15.920
<v Speaker 1>guilty to killing Michelle Bosco, but the prosecution also made

0:25:15.960 --> 0:25:18.800
<v Speaker 1>a deal with him in exchange for a sentence of

0:25:18.840 --> 0:25:22.239
<v Speaker 1>life rather than death. Ballard told the court that the

0:25:22.320 --> 0:25:25.919
<v Speaker 1>Norfolk four had participated in the attack. It was the

0:25:25.920 --> 0:25:32.200
<v Speaker 1>only time he implicated any of them. Back in prison,

0:25:32.280 --> 0:25:35.840
<v Speaker 1>Ballard returned to his original story over and over. He

0:25:35.920 --> 0:25:39.560
<v Speaker 1>insisted that he was the sole perpetrator. That was enough

0:25:39.600 --> 0:25:43.040
<v Speaker 1>for several large law firms to start reinvestigating the Norfolk

0:25:43.080 --> 0:25:47.080
<v Speaker 1>Four's convictions. In September two thousand and five, Eric Wilson

0:25:47.119 --> 0:25:50.200
<v Speaker 1>was paroled after serving his full sentence, and in two

0:25:50.200 --> 0:25:53.800
<v Speaker 1>thousand and nine, Virginia Governor Tim Kaine granted a conditional

0:25:53.840 --> 0:25:57.240
<v Speaker 1>pardon to Derek, Daniel and Joe based on the weakness

0:25:57.440 --> 0:26:00.200
<v Speaker 1>of the case against them. So all of the Northlok

0:26:00.240 --> 0:26:02.919
<v Speaker 1>four were out of prison, but they were still living

0:26:03.080 --> 0:26:06.960
<v Speaker 1>as convicted murderers and sex offenders. They still had to

0:26:07.000 --> 0:26:11.200
<v Speaker 1>win exoneration. Derek Tye was the first to be granted

0:26:11.240 --> 0:26:13.919
<v Speaker 1>a new trial in two thousand and nine. His lawyers

0:26:13.960 --> 0:26:15.879
<v Speaker 1>found evidence that he had tried to ask for a

0:26:15.920 --> 0:26:18.920
<v Speaker 1>lawyer during questioning, but he wasn't given one in violation

0:26:19.000 --> 0:26:22.880
<v Speaker 1>of his Miranda rights. Before Derek could be retried, two

0:26:22.960 --> 0:26:27.720
<v Speaker 1>more bombshells dropped. First, a PBS Frontline episode about the

0:26:27.800 --> 0:26:31.280
<v Speaker 1>Norfolk Four aired in twenty ten, featuring none other than

0:26:31.320 --> 0:26:35.560
<v Speaker 1>Omar Ballard. During an interview from behind bars, Ballard insisted

0:26:35.640 --> 0:26:39.280
<v Speaker 1>he had acted alone. The second bombshell had to do

0:26:39.400 --> 0:26:43.600
<v Speaker 1>with Detective Ford. In twenty ten, a federal jury convicted

0:26:43.640 --> 0:26:47.240
<v Speaker 1>Ford of extortion. He'd gotten criminal defendants to pay him

0:26:47.560 --> 0:26:50.960
<v Speaker 1>to say they deserved shorter sentences because they'd given valuable information.

0:26:51.760 --> 0:26:54.840
<v Speaker 1>Ford was sentenced to more than twelve years in prison.

0:26:55.600 --> 0:26:59.080
<v Speaker 1>That was enough to convince prosecutors not to retry Derek Tye,

0:26:59.400 --> 0:27:01.840
<v Speaker 1>and he became came the first of the Norfolk four

0:27:02.040 --> 0:27:06.640
<v Speaker 1>to win exoneration. In twenty sixteen, a federal court held

0:27:06.640 --> 0:27:09.320
<v Speaker 1>a hearing to determine whether Daniel Williams and Joe Dick

0:27:09.359 --> 0:27:13.959
<v Speaker 1>were innocent too. At that hearing, Joe's commanding officer testified

0:27:14.280 --> 0:27:16.679
<v Speaker 1>that Joe had been on duty the night of Michelle

0:27:16.720 --> 0:27:20.240
<v Speaker 1>Bosco's death and couldn't have killed her. It was testimony

0:27:20.280 --> 0:27:23.080
<v Speaker 1>that never came out before because Joe had been persuaded

0:27:23.240 --> 0:27:27.920
<v Speaker 1>to plead guilty. In light of this evidence and everything

0:27:27.960 --> 0:27:31.159
<v Speaker 1>else that didn't make sense, the judge granted Daniel and

0:27:31.240 --> 0:27:35.240
<v Speaker 1>Joe new trials too. By any measure, the judge wrote,

0:27:35.359 --> 0:27:39.680
<v Speaker 1>the evidence shows their innocence. No sane human being could

0:27:39.720 --> 0:27:44.960
<v Speaker 1>find them guilty. The prosecution took the hint. On December fifteenth,

0:27:45.040 --> 0:27:48.920
<v Speaker 1>twenty sixteen, they decided not to retry Daniel or Joe either.

0:27:49.520 --> 0:27:53.640
<v Speaker 1>The only one left was Eric Wilson. Eric's turn came

0:27:53.760 --> 0:27:57.560
<v Speaker 1>just a few months later. On March twenty first, twenty seventeen,

0:27:57.880 --> 0:28:01.480
<v Speaker 1>Governor Terry mccaliffe granted absolute pardons to each of the

0:28:01.520 --> 0:28:06.840
<v Speaker 1>four men, removing all doubt. Finally, after twenty years of hell,

0:28:07.320 --> 0:28:09.440
<v Speaker 1>the Norfolk Four were exonerated.

0:28:12.160 --> 0:28:17.080
<v Speaker 3>Counterintuitively, the Norfolk Four are lucky. They spent many years

0:28:17.119 --> 0:28:20.320
<v Speaker 3>in prison based on false confessions to crimes they didn't commit,

0:28:20.800 --> 0:28:23.880
<v Speaker 3>but there was DNA in their case and they got out.

0:28:24.400 --> 0:28:29.320
<v Speaker 3>These are all earnest, honest, down to earth individuals who

0:28:29.359 --> 0:28:33.040
<v Speaker 3>serve their country well, whose wrongful convictions took the best

0:28:33.119 --> 0:28:36.040
<v Speaker 3>years of their lives for almost two decades before they

0:28:36.040 --> 0:28:36.960
<v Speaker 3>were exonerated.

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<v Speaker 1>The Norfolk Four survived a battle they should never have

0:28:40.840 --> 0:28:48.680
<v Speaker 1>had to fight, and now they're rebuilding their lives. Hello, Dan,

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<v Speaker 1>this is Laura and Steve. How are you.

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<v Speaker 2>It's so nice to finally get a chance to talk

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<v Speaker 2>to you. Dad.

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<v Speaker 7>Thank you.

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<v Speaker 1>Are you living in Michigan? Are you living in Virginia.

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<v Speaker 7>I'm currently living in Michigan.

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<v Speaker 1>Now keeps you busy these days?

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<v Speaker 7>After my incarceration. After I got home, I went to

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<v Speaker 7>Baker College of Lasso and got my associate's degree and

0:29:11.160 --> 0:29:12.600
<v Speaker 7>applied science for welding.

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<v Speaker 2>Wonderful. Have you been able to stay working?

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<v Speaker 7>I have not stopped working yet.

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<v Speaker 2>That is phenomenal.

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<v Speaker 1>Let's see, you're a Michigan guy. Are you born and

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<v Speaker 1>raised in Michigan? Yes?

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<v Speaker 2>Okay.

0:29:23.880 --> 0:29:25.280
<v Speaker 1>What kind of fishing you like to do? What are

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<v Speaker 1>you go fishing for?

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<v Speaker 7>Usually panfish and bass?

0:29:28.560 --> 0:29:29.920
<v Speaker 1>Yeap lakes or streams?

0:29:30.360 --> 0:29:31.200
<v Speaker 8>Usually lakes.

0:29:31.600 --> 0:29:33.120
<v Speaker 2>Did you ever cook the fish you catch?

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<v Speaker 6>Dan?

0:29:34.720 --> 0:29:35.400
<v Speaker 3>All the time?

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<v Speaker 7>Cooking is something that I do enjoy. Also, since getting out,

0:29:40.640 --> 0:29:47.640
<v Speaker 7>I have been cooking at our local BFW in Alasso Sunday.

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<v Speaker 1>Breakfast, pancake breakfast, that kind of thing everything.

0:29:51.160 --> 0:29:56.800
<v Speaker 7>Yeah, pancakes, French toast, eggs to order, omelets, breakfast, burrito.

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<v Speaker 1>You're grill man, yes, and you're at the so you're

0:30:00.920 --> 0:30:03.040
<v Speaker 1>there with other guys who are in the service. Yes,

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<v Speaker 1>it's nice to be with guys with the same experience.

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<v Speaker 7>I usually just live life one day at a time

0:30:10.440 --> 0:30:12.680
<v Speaker 7>right now and stay im positive.

0:30:13.800 --> 0:30:16.680
<v Speaker 1>One day at a time is pretty good. These days,

0:30:16.800 --> 0:30:17.600
<v Speaker 1>it sounds.

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<v Speaker 2>Like to me, the idea that it took so long

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<v Speaker 2>to right these wrongs is just hard to fathom. You know,

0:30:31.000 --> 0:30:35.000
<v Speaker 2>we claim we care about those in the military, we

0:30:35.080 --> 0:30:39.200
<v Speaker 2>care about our vets, and what was done to these

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<v Speaker 2>men is just beyond the pale.

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<v Speaker 1>Too often it's a fight to exonerate even people who

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<v Speaker 1>are obviously innocent. But it's a fight that's got to

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<v Speaker 1>be one. That's our life's work, freeing false confessors and

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<v Speaker 1>sharing their stories with you. For Dan, Joe, Eric and Derek,

0:30:57.320 --> 0:30:59.920
<v Speaker 1>that's the least we can do. Thank you for serving

0:31:00.080 --> 0:31:02.640
<v Speaker 1>our country and for letting your stories serve in the

0:31:02.640 --> 0:31:08.560
<v Speaker 1>fight against wrongful convictions. That's the story of the Norfolk Four.

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<v Speaker 1>Join us next week when we'll tell you about Henry

0:31:11.360 --> 0:31:14.880
<v Speaker 1>McCollum and Leon Brown, two brothers who were wrongfully convicted

0:31:14.920 --> 0:31:17.719
<v Speaker 1>of the same murder. Their convictions were held up by

0:31:17.720 --> 0:31:21.280
<v Speaker 1>a Supreme Court justice as perfect examples of why we

0:31:21.320 --> 0:31:24.440
<v Speaker 1>have the death penalty, but the case was built on

0:31:24.520 --> 0:31:34.920
<v Speaker 1>false confessions. Wrongful conviction. False Confessions is a production of

0:31:35.040 --> 0:31:38.960
<v Speaker 1>Lava for Good Podcasts in association with Signal Company Number

0:31:38.960 --> 0:31:43.000
<v Speaker 1>one Special thanks to our executive producers Jason Flamm and

0:31:43.120 --> 0:31:46.800
<v Speaker 1>Kevin Wardis. Our production team is headed by senior producer

0:31:46.840 --> 0:31:50.520
<v Speaker 1>Anne Pope, along with producers Joshi Hammer and Jess Shane.

0:31:50.760 --> 0:31:54.000
<v Speaker 1>Our show is mixed by Genie Montalvo. John Colbert is

0:31:54.000 --> 0:31:57.800
<v Speaker 1>our intrepid intern. Our music was composed by Jay Ralph.

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<v Speaker 1>You can follow me on Instagram or Twitter at Laura

0:32:01.320 --> 0:32:01.600
<v Speaker 1>and I.

0:32:01.600 --> 0:32:05.120
<v Speaker 2>Wrider, and you can follow me on Twitter at Sdrizzen.

0:32:05.520 --> 0:32:09.640
<v Speaker 1>For more information on the show, visit wrongfulconvictionpodcast dot com.

0:32:10.000 --> 0:32:10.480
<v Speaker 2>Be sure to

0:32:10.520 --> 0:32:14.760
<v Speaker 1>Follow the show on Instagram at Wrongful Conviction, on Facebook

0:32:14.800 --> 0:32:19.200
<v Speaker 1>at Wrongful Conviction Podcast, and on Twitter at wrong Conviction