WEBVTT - #385 Jason Flom with Al Cleveland

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<v Speaker 1>We initially released Al Cleveland's story in May twenty twenty one,

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<v Speaker 1>but before we get to that, we had a chance

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<v Speaker 1>to sit down with the man at the twenty twenty

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<v Speaker 1>three Innocence Network Conference in Phoenix, Arizona. It's a gathering

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<v Speaker 1>of the innocence community from all across the country and

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<v Speaker 1>I look forward to it so.

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<v Speaker 2>Much every year.

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<v Speaker 1>It's so great to see what our old friends are

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<v Speaker 1>doing at Al Cleveland has always been an artist at

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<v Speaker 1>heart and in practice, and before his wrongful conviction, he

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<v Speaker 1>did want to get this. He did one of his

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<v Speaker 1>first murals ever for ll cool J. Yeah, back when

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<v Speaker 1>they grew up together in Queens. Well, now Al's continuing

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<v Speaker 1>that work and well, you know what, I'm gonna let

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<v Speaker 1>him tell you. Now, what are you up to these days?

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<v Speaker 2>From painting customized portraits on wood natural canvases, something unique, niche,

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<v Speaker 2>But people seem to like it.

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<v Speaker 1>I like it. I mean, I've seen some of your

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<v Speaker 1>work and it's I don't even know. I literally I

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<v Speaker 1>haven't the faintest idea how you do what you do,

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<v Speaker 1>but you do it with love.

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<v Speaker 2>You can go to Clevecoasstudios dot com. That's my website

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<v Speaker 2>and I do murals too.

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<v Speaker 1>Now what else? Tell us anything else that's going on

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<v Speaker 1>in your life right now besides the art.

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<v Speaker 2>Yeah, So two brief things. I work for this nonprofit

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<v Speaker 2>that gives jobs to guys coming out of prison. So

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<v Speaker 2>I'm like a site supervisor, make sure they're doing the

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<v Speaker 2>right thing, unloading the trucks, blah blah blah. And it

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<v Speaker 2>puts money in their pockets immediately every day, kind of

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<v Speaker 2>helps them with that transition. It's called a Center for

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<v Speaker 2>Employment Opportunities. That's one thing. But I also invested in

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<v Speaker 2>this little gadget here. I don't know if you've seen online.

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<v Speaker 2>It's called love Handles, and it's a phone grip kind

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<v Speaker 2>of so you don't drop your phone, use it as

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<v Speaker 2>a kickstand. Wow both ways. And it's magnetic. This is

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<v Speaker 2>not metal, man.

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<v Speaker 1>Wow, look at that. And now here's the episode as

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<v Speaker 1>it originally aired back in May twenty one. In the

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<v Speaker 1>late eighties and early nineties, the crack epidemic was in

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<v Speaker 1>full swing in many parts of the country, including Lorain, Ohio,

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<v Speaker 1>where Sunset Pull Upard was known as the place to

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<v Speaker 1>buy and smoke crack without being hassled by the authorities.

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<v Speaker 1>The infamously corrupt Lorraine police department had a relationship with

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<v Speaker 1>a drug dealer addict and a notorious informant named William

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<v Speaker 1>Avery Senior, who ran the scene on Sunset Boulevard and

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<v Speaker 1>he didn't appreciate New Yorkers encroaching on his turf. On

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<v Speaker 1>August eighth, nineteen ninety one, the bodies of Marsha Blakeley

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<v Speaker 1>and Floyd Epps were discovered separately. The tire marks on

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<v Speaker 1>their heads were at least in part to blame for

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<v Speaker 1>their deaths. After the cases went cold, two thousand dollars

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<v Speaker 1>reward drew the attention of William Avery Senior, who brought

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<v Speaker 1>in his teenage son to falsely accuse four men from

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<v Speaker 1>New York, including Al Cleveland. The fact that al Cleveland

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<v Speaker 1>was in New York at the time of the murder

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<v Speaker 1>and that Avery Junior recanted his statement at the first

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<v Speaker 1>of the four trials did not stop Prosecutor Jonathan Rosenbaum

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<v Speaker 1>from going ahead with all four of these sham trials.

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<v Speaker 1>The Ohio criminal legal system continued mostly ignored William Avery

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<v Speaker 1>Junior's recantations for twenty five long years, leaving parole as

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<v Speaker 1>Al Cleveland's only Avenue for Relief. This is Wrongful Conviction

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<v Speaker 1>with Jason Flamm. Welcome back to Wrongful Conviction with Jason Flamm.

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<v Speaker 1>That's me, and today you're going to hear a story

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<v Speaker 1>that defies description. I'm going to first of all, introduce

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<v Speaker 1>first Jennifer Passion VERSI around. It's been on the show

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<v Speaker 1>before as a deputy director of the Ohio Innocence Project. Jennifer,

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<v Speaker 1>welcome back to Wrongful Conviction.

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<v Speaker 3>Thank you, it's good to be back.

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<v Speaker 1>And Al Cleveland. Al, I'm just going to say this.

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<v Speaker 1>Al has lived about seven or eight lifetimes so far,

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<v Speaker 1>and he survived twenty five years in prison for a

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<v Speaker 1>gruesome double murder that happened in Ohio while he was

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<v Speaker 1>in Queens, New York. That's just the beginning. So without

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<v Speaker 1>further ado, Al Cleveland, I'm so happy you're here. I'm

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<v Speaker 1>sorry you have to be here, but I'm happier here.

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<v Speaker 2>Hey, I'm here, man, I'm with Jason plump. You got

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<v Speaker 2>to realize, Jason, like, I'm fresh home, Like I've just

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<v Speaker 2>been home maybe five months, and I sat on the

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<v Speaker 2>rack visualizing this. So here we are, man, I'm excited,

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<v Speaker 2>I'm pumped up, and thank you for doing this, Thank

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<v Speaker 2>you for doing this.

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<v Speaker 1>I don't ever know what to say. That means, that

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<v Speaker 1>means more to me than you couldn't even know. And

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<v Speaker 1>so al going back to the beginning, you grew up

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<v Speaker 1>such a fascinating story. You were a hip hop artist,

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<v Speaker 1>and not only that, but you were very close friends

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<v Speaker 1>with ll cool J back in Hollis Queens, Yes.

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<v Speaker 2>Sir at that. Yeah, so he grew up right around

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<v Speaker 2>the corner from me. So we were always in the basement,

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<v Speaker 2>you know, making mixtapes and making songs, and like I

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<v Speaker 2>seen his assent from the basement to you know, a

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<v Speaker 2>national stage. You know, used to go with him on tour,

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<v Speaker 2>like if he was in any of the surrounding states,

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<v Speaker 2>we would get in the vent and go wherever he

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<v Speaker 2>was and get backstage passes and you know, just have

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<v Speaker 2>tons of fun. It was just tons of fun seeing

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<v Speaker 2>that rise.

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<v Speaker 1>Yeah, you witnessed literally the birth of a legend. And

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<v Speaker 1>here's your dear friend. I mean that rumor has it

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<v Speaker 1>that you actually painted his room.

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<v Speaker 4>I mean so crazy, I did, I did, I did,

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<v Speaker 4>And he owes me thirty bucks still for.

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<v Speaker 1>It, Oh my god, with interest. That's incredible. In his

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<v Speaker 1>nineteen ninety eight book I Make My Own Rules. Ell

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<v Speaker 1>actually shouts you out and credits your artwork actually as

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<v Speaker 1>an early inspiration of his. So that's one. Okay, that's

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<v Speaker 1>just one. You ain't hurt nothing yet, stick with us, okay.

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<v Speaker 1>So another childhood friend of yours is Damon John, and

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<v Speaker 1>this I think highlights how crazy and random all this

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<v Speaker 1>shit is, because I think it's fair to say you

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<v Speaker 1>all had the same potential, but the system grabs you

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<v Speaker 1>and those guys on to become success stories while you

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<v Speaker 1>were being held captained by the state for a crime

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<v Speaker 1>you didn't commit. And for those of you who don't know,

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<v Speaker 1>Damon John is the founder and CEO of Fubu. So

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<v Speaker 1>tell us about Damon just quickly and how you come

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<v Speaker 1>to know him in the beginning.

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<v Speaker 2>Oh man, me and Damon we went to the same

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<v Speaker 2>Catholic school together in our neighborhood. From maybe second or

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<v Speaker 2>third grade. All the way up. We go on adventures,

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<v Speaker 2>bike rides, camping with my dad. That was my guy.

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<v Speaker 2>I wrote a book about it, actually, a little children's book.

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<v Speaker 1>What don't you Do? I feel like you Okay, but

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<v Speaker 1>we're going to get into that later. So to set

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<v Speaker 1>the stage, We're back in the eighties and early nineties.

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<v Speaker 1>The crack epidemic was in full swing, and you were

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<v Speaker 1>now going back and forth to Northeast Ohio. Right, it

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<v Speaker 1>seems so random. Why would a kid from Queen's end

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<v Speaker 1>up in Loren, Ohio.

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<v Speaker 2>All Right, So, since I'm talking to you, Flam and

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<v Speaker 2>you got experience in the music business, I want to

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<v Speaker 2>just go back a little bit to help you and

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<v Speaker 2>help everybody understand. So late eighties, my sister gets killed

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<v Speaker 2>by some skinheads in Detroit, and it was a big thing.

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<v Speaker 2>My mom was protesting, but me, I internalized this thing

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<v Speaker 2>and just kind of like went into my art. And

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<v Speaker 2>at the time, I was doing graffiti and you know

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<v Speaker 2>art on that level, trying to get into galleries and

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<v Speaker 2>trying to make my way, but it wasn't happening. So

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<v Speaker 2>I started promoting parties, doing shows. Ran into a guy

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<v Speaker 2>who had a studio. We started going to the studio.

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<v Speaker 2>I found out, Hey, I got some talent, I can rap,

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<v Speaker 2>I can do this, I seen ll do it. Let

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<v Speaker 2>me take this route. So we started going to the

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<v Speaker 2>studio and making songs, and we started forming a vision

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<v Speaker 2>of what we wanted to do. But the problem was

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<v Speaker 2>Jason back then. You know, you had to get records

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<v Speaker 2>pressed up, you had to get a song mastered, you

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<v Speaker 2>had to go through all these steps, and I didn't

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<v Speaker 2>have the money for that. At every stage, we kept

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<v Speaker 2>finding ourselves broke. So ninety ninety one, a friend of

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<v Speaker 2>mine gets in touch with me. He had left New

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<v Speaker 2>York to go to Ohio with a few other dudes,

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<v Speaker 2>and they were into the drug scene, low level, but

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<v Speaker 2>he was incarcerated and he asked me to help him

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<v Speaker 2>with the bond money. At the time, I didn't have it.

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<v Speaker 2>I only had my rent money. So he enticed me

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<v Speaker 2>a little more and told me he would double my money.

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<v Speaker 2>Just come on out, give him a few days and

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<v Speaker 2>he would have the money back for me. And at

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<v Speaker 2>the time, I wanted to explore the music scene out here.

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<v Speaker 2>I said, you know what the heck man and I

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<v Speaker 2>did it. I sent him the money came out here.

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<v Speaker 2>That's how I wound up out here. He took me

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<v Speaker 2>to a project. You know, he's showing me how he

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<v Speaker 2>does his thing. You know, gave me the little package

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<v Speaker 2>to hold. Police comes they chase him, arrest him. I

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<v Speaker 2>have the little thing I dished, a little thing I

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<v Speaker 2>wound up meeting some guys, went to a guy's house

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<v Speaker 2>who wound up being the guy who wound up setting

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<v Speaker 2>us up. But I went to his house. He asked

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<v Speaker 2>me if I had anything, and I'm like, I kind

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<v Speaker 2>of do. He asked me if I'm from New York,

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<v Speaker 2>do I know my co defending. I'm like, yeah, I

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<v Speaker 2>know him. Yeah. He's like, if you got something, I

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<v Speaker 2>can sell it. So I went and retrieved this stuff.

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<v Speaker 2>You started breaking it down with him. I didn't even

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<v Speaker 2>know the prices were haggling, and he takes what he

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<v Speaker 2>buys from me, goes right out into the street and

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<v Speaker 2>he's stopping cars like he's a traffic controller selling his thing.

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<v Speaker 2>And maybe an hour and a half later, the whole

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<v Speaker 2>little bag of stuff I had was, it was gone.

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<v Speaker 2>I had about twenty two hundred dollars in my pocket

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<v Speaker 2>For the next thirty to forty days, I just went

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<v Speaker 2>on a mission to get my startup capital. So, I mean,

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<v Speaker 2>I know it was wrong, but that was I had

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<v Speaker 2>a vision. I had a vision.

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<v Speaker 1>Jason, and I can't leave out the fact that when

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<v Speaker 1>you look at the history of hip hop music, there's

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<v Speaker 1>so many artists, legendary artists, who grew up the same

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<v Speaker 1>way you did. Some of them from the same area

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<v Speaker 1>you came from and ended up in the crack game

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<v Speaker 1>because that was the option that was available at the time,

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<v Speaker 1>like you said, to get startup capital or whatever it

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<v Speaker 1>may be, and just by fate, they didn't get arrested.

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<v Speaker 1>And many people know the names I mean, because these

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<v Speaker 1>people are not they're not secretive about it. When I

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<v Speaker 1>had Meek Bill on the podcast and I asked him

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<v Speaker 1>this question, how many people he met in prison deed

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<v Speaker 1>were as talented as he is, and he said he

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<v Speaker 1>couldn't even count.

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<v Speaker 4>How many.

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<v Speaker 2>You know, I've met so many guys in there, Jason,

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<v Speaker 2>who the visionaries. You know, they're the bread winners and

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<v Speaker 2>their families. And I just want to make it clear.

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<v Speaker 2>I just want to make sure I share this message

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<v Speaker 2>that if you do have a dream, if you do

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<v Speaker 2>have a vision, try to find out how to do

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<v Speaker 2>a business plan, try to find out how to go

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<v Speaker 2>to a bank or ask people family members to invest

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<v Speaker 2>in your dream instead of taking that route and putting

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<v Speaker 2>yourself at risk to come to the penitentiary, because it's

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<v Speaker 2>full of guys with dreams that fall through. So I

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<v Speaker 2>just wanted to share that.

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<v Speaker 1>No, I'm glad you did. And Jennifer, I want to

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<v Speaker 1>talk about the Lorraine Police Department because of course Loraine,

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<v Speaker 1>Ohio was where I was spending his time in those days,

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<v Speaker 1>and they were known for sexual abuse and brutality, which

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<v Speaker 1>is sadly a problem that exists to this day and

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<v Speaker 1>so many different police departments around this country. Can you

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<v Speaker 1>paint the picture of what was going on back then

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<v Speaker 1>and there and what was the deal with their unsavory

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<v Speaker 1>relationship with this shady character William Avery sor.

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<v Speaker 3>Yeah, there was a huge crack problem. Similar to lots

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<v Speaker 3>of other areas in the country. The police had people

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<v Speaker 3>like William Avery Senior, who, at least according to Avery,

0:11:15.160 --> 0:11:17.880
<v Speaker 3>could kind of do some favors as a CI and

0:11:17.920 --> 0:11:20.480
<v Speaker 3>then be left alone and do whatever he wanted. So

0:11:20.520 --> 0:11:23.760
<v Speaker 3>there seemed to be sort of this unofficial arrangement between

0:11:23.800 --> 0:11:25.680
<v Speaker 3>the cops and some of the people there. So it

0:11:25.679 --> 0:11:27.800
<v Speaker 3>seemed to me that when folks from New York came

0:11:27.800 --> 0:11:30.760
<v Speaker 3>in and started sort of messing with that system, it

0:11:30.800 --> 0:11:33.640
<v Speaker 3>did not go over well with either the residents or

0:11:33.640 --> 0:11:34.160
<v Speaker 3>the police.

0:11:34.520 --> 0:11:37.840
<v Speaker 1>You had just gotten involved in this business, so to speak.

0:11:37.920 --> 0:11:41.320
<v Speaker 1>Al were you aware of what the Lorraine police department

0:11:41.400 --> 0:11:41.719
<v Speaker 1>was up.

0:11:41.720 --> 0:11:46.199
<v Speaker 2>To No, I wasn't. Actually I found out years later

0:11:46.440 --> 0:11:49.760
<v Speaker 2>through our investigation that one of my codefendants was the

0:11:49.800 --> 0:11:51.600
<v Speaker 2>one who invited me out here. He was kind of

0:11:51.640 --> 0:11:54.079
<v Speaker 2>like a target. We actually found a picture with him

0:11:54.080 --> 0:11:56.720
<v Speaker 2>with a bullseye in their police files like here, I

0:11:56.760 --> 0:12:00.120
<v Speaker 2>am just waltz right into Lorraine. I had no idea.

0:12:00.240 --> 0:12:02.440
<v Speaker 1>You're sitting duck. Let's face it. And as part of

0:12:02.440 --> 0:12:06.000
<v Speaker 1>the story centers around a guy named William Avery Senior,

0:12:06.080 --> 0:12:09.839
<v Speaker 1>who was a prolific paid informant at the time, and

0:12:09.880 --> 0:12:13.360
<v Speaker 1>he received special treatment as informants do in exchange for

0:12:13.440 --> 0:12:17.240
<v Speaker 1>his help. He lived on Sunset Boulevard in Lorain, Ohio

0:12:17.280 --> 0:12:20.840
<v Speaker 1>with his son, William Avery Junior, who he had introduced

0:12:20.840 --> 0:12:23.480
<v Speaker 1>to crack when the kid was just fourteen years old,

0:12:23.480 --> 0:12:26.280
<v Speaker 1>and this had become this sort of neighborhood spot where

0:12:26.280 --> 0:12:28.880
<v Speaker 1>people would come to smoke crack and the police looked

0:12:28.880 --> 0:12:30.719
<v Speaker 1>the other way, of course, because he was helping them

0:12:30.760 --> 0:12:33.400
<v Speaker 1>out while lying for them on cases, as well as

0:12:33.559 --> 0:12:36.120
<v Speaker 1>maybe providing accurate information once in a while. Have no idea.

0:12:36.200 --> 0:12:37.440
<v Speaker 1>And then there was Marsha Blakeley.

0:12:37.640 --> 0:12:40.319
<v Speaker 3>Well, Marsha Blakely was the murder victim. And she was

0:12:40.360 --> 0:12:43.160
<v Speaker 3>a young woman who was addicted to crack and other

0:12:43.240 --> 0:12:47.079
<v Speaker 3>drugs and was known on the streets for turning tricks

0:12:47.280 --> 0:12:51.319
<v Speaker 3>selling stolen goods to feed her addiction. She was just

0:12:51.400 --> 0:12:54.760
<v Speaker 3>a user who, for reasons that I still don't quite understand,

0:12:55.200 --> 0:12:58.000
<v Speaker 3>ended up brutally murdered in this whole situation.

0:12:58.640 --> 0:13:01.800
<v Speaker 1>Yeah, so she and a guy named Floyd Epps turned

0:13:01.840 --> 0:13:04.400
<v Speaker 1>up dead. And this is, you know, one of the

0:13:04.400 --> 0:13:09.080
<v Speaker 1>most brutal crimes I've ever heard of. On August eighth,

0:13:09.120 --> 0:13:11.240
<v Speaker 1>nineteen eighty one, at nine eighteen in the morning, Marsha

0:13:11.320 --> 0:13:13.880
<v Speaker 1>Blakeley's body was discovered in an alley behind the West

0:13:13.920 --> 0:13:17.160
<v Speaker 1>Coast Shopping Center in the rain. She had twenty five

0:13:17.200 --> 0:13:20.240
<v Speaker 1>stab wounds, fractured ribs, a broken neck, a slit throat,

0:13:20.360 --> 0:13:23.719
<v Speaker 1>and torture wounds on her neck and head. And if

0:13:23.760 --> 0:13:25.760
<v Speaker 1>that wasn't enough, her head had been run over by

0:13:25.840 --> 0:13:29.079
<v Speaker 1>a car twice now. Earlier that same day, at one

0:13:29.160 --> 0:13:33.000
<v Speaker 1>twenty five am, Floyd Epps's body was found nearby, and

0:13:33.080 --> 0:13:35.120
<v Speaker 1>his head had also been run over by a car.

0:13:35.440 --> 0:13:37.760
<v Speaker 1>So this is bizarre because police believed that the murders

0:13:37.800 --> 0:13:39.800
<v Speaker 1>were related to anyone would of course, I mean, you

0:13:39.800 --> 0:13:42.520
<v Speaker 1>don't hear stories too often people being the heads run

0:13:42.559 --> 0:13:46.280
<v Speaker 1>over by cars, thankfully, But no arrests were made in

0:13:46.360 --> 0:13:49.480
<v Speaker 1>the Epps killing, and no arrests have been made to

0:13:49.559 --> 0:13:53.880
<v Speaker 1>this date, which is the whole separate problem. But nothing

0:13:53.960 --> 0:13:56.760
<v Speaker 1>was happening with these cases. The cops offered a two

0:13:56.760 --> 0:13:59.120
<v Speaker 1>thousand dollars reward for information, So now we go all

0:13:59.160 --> 0:14:01.840
<v Speaker 1>the way to over a month later, September tenth, William

0:14:01.880 --> 0:14:06.880
<v Speaker 1>Avery said he had information, and they told him that

0:14:06.960 --> 0:14:09.400
<v Speaker 1>the reward would only be given to someone with first

0:14:09.400 --> 0:14:10.160
<v Speaker 1>hand knowledge.

0:14:10.400 --> 0:14:13.839
<v Speaker 3>Yeah, so William Avery Sr. Takes his son, William Avery

0:14:13.920 --> 0:14:16.080
<v Speaker 3>Junior in the next day to meet with the cops

0:14:16.120 --> 0:14:18.440
<v Speaker 3>to say what, you know, he knew about the crime,

0:14:18.960 --> 0:14:22.080
<v Speaker 3>But his story as it was told that day does

0:14:22.120 --> 0:14:25.640
<v Speaker 3>not match up to what he eventually said in the trials.

0:14:25.880 --> 0:14:28.840
<v Speaker 3>And in addition, it was just a bizarre meeting where

0:14:29.360 --> 0:14:32.080
<v Speaker 3>you know, the cops are interviewing William Avery Junior about

0:14:32.120 --> 0:14:35.960
<v Speaker 3>supposedly witnessing this burter, and yet his father sat in

0:14:36.080 --> 0:14:39.240
<v Speaker 3>on the entire interview and said like, yeah, I'm here

0:14:39.280 --> 0:14:42.120
<v Speaker 3>to remind him of the things that he forgot, which

0:14:43.480 --> 0:14:46.200
<v Speaker 3>just raised all kinds of red flags. But yet that's

0:14:46.240 --> 0:14:47.160
<v Speaker 3>that's what they went with.

0:14:47.560 --> 0:14:50.280
<v Speaker 1>So when Avery Senior and Junior went to the police,

0:14:50.400 --> 0:14:53.800
<v Speaker 1>Junior implicated four individuals in the death of Marshall Blakely.

0:14:53.840 --> 0:14:57.920
<v Speaker 1>That four men were Lenworth Edwards, Benson Davis, John Edwards,

0:14:57.920 --> 0:15:01.480
<v Speaker 1>and Alfred Cleveland, men they he claimed were drug dealers

0:15:01.480 --> 0:15:03.720
<v Speaker 1>from New York. Now. Avery Junior went on to say

0:15:03.720 --> 0:15:06.320
<v Speaker 1>that he owed you Al money and in order to

0:15:06.360 --> 0:15:09.560
<v Speaker 1>pay off the debt. Avery Junior claimed that Al took

0:15:09.640 --> 0:15:13.200
<v Speaker 1>him to Epps's apartment where Marcia Blakely was and that

0:15:13.320 --> 0:15:16.720
<v Speaker 1>Al told him to assault her. Avery Junior claimed to

0:15:16.760 --> 0:15:20.160
<v Speaker 1>refuse because he knew Marcia Blakeley. So, according to this

0:15:20.320 --> 0:15:23.640
<v Speaker 1>crazy tale from Avery Junior, the three other men assaulted

0:15:23.640 --> 0:15:26.840
<v Speaker 1>her for twenty minutes while he and Al watched. Avery

0:15:26.920 --> 0:15:29.840
<v Speaker 1>continued on that he went back to his apartment after

0:15:29.880 --> 0:15:32.960
<v Speaker 1>the assault, but said that Al came by after and

0:15:33.080 --> 0:15:36.400
<v Speaker 1>told him, quote, we took care of the junkie, We

0:15:36.480 --> 0:15:37.720
<v Speaker 1>knocked her off.

0:15:37.960 --> 0:15:42.040
<v Speaker 3>And thanks just started rolling from there. Although they never

0:15:42.080 --> 0:15:44.920
<v Speaker 3>really found any other evidence at all implicating these guys.

0:15:44.960 --> 0:15:47.040
<v Speaker 1>But yeah, they can't find something that doesn't exist because

0:15:47.040 --> 0:15:49.760
<v Speaker 1>they weren't at that absolutely, So you weren't even in

0:15:49.800 --> 0:15:52.920
<v Speaker 1>fucking Ohio, right, tell us where you were during this

0:15:52.960 --> 0:15:54.920
<v Speaker 1>week and how we know that that's really true?

0:15:55.080 --> 0:15:57.160
<v Speaker 2>All right? So, yeah, I was on probation at the time.

0:15:57.200 --> 0:15:59.320
<v Speaker 2>I didn't realize when I was going to try. I

0:15:59.360 --> 0:16:03.400
<v Speaker 2>wasn't sure because it was like four years later that

0:16:03.400 --> 0:16:06.040
<v Speaker 2>that was the day that I went to my probation officer,

0:16:06.080 --> 0:16:08.760
<v Speaker 2>but I knew. I went back to New York to

0:16:08.800 --> 0:16:11.880
<v Speaker 2>see my probation officer and I was in New York

0:16:12.000 --> 0:16:14.560
<v Speaker 2>with Damon John, who had a van business at the time.

0:16:14.600 --> 0:16:16.920
<v Speaker 2>I went to buy a TV and I needed him

0:16:16.960 --> 0:16:19.400
<v Speaker 2>to come bring the TV to my house. And this

0:16:19.480 --> 0:16:21.560
<v Speaker 2>is all you know, the seventh, the eighth, when these

0:16:21.560 --> 0:16:23.640
<v Speaker 2>people were killed, and when I was going to trial,

0:16:23.800 --> 0:16:26.320
<v Speaker 2>I had the receipt for this TV. You know, we

0:16:26.400 --> 0:16:29.479
<v Speaker 2>got those times. You know. He came to trial and prosecuted,

0:16:29.520 --> 0:16:31.720
<v Speaker 2>try to dog them out like he was some young punk.

0:16:31.840 --> 0:16:35.040
<v Speaker 2>You know, he tried to discredit him and it was crazy.

0:16:35.400 --> 0:16:37.200
<v Speaker 3>I Mean, the state acknowledged that he had seen the

0:16:37.200 --> 0:16:40.360
<v Speaker 3>probation officer in New York on August seventh, but they

0:16:40.480 --> 0:16:44.120
<v Speaker 3>just said, well, he must have decided he was going

0:16:44.200 --> 0:16:46.600
<v Speaker 3>to either drive or fly to Ohio to come and

0:16:46.600 --> 0:16:49.400
<v Speaker 3>commit this brutal murder against this woman he didn't even know.

0:16:49.680 --> 0:16:51.480
<v Speaker 3>But it was just the word of one person that

0:16:51.640 --> 0:16:51.920
<v Speaker 3>was it.

0:16:52.240 --> 0:16:55.320
<v Speaker 1>So four people were victims of this compromise to say

0:16:55.360 --> 0:16:57.560
<v Speaker 1>the least paid informant and it was a two thousand

0:16:57.560 --> 0:16:59.080
<v Speaker 1>dollars ward and then they paid him again.

0:16:59.360 --> 0:17:01.800
<v Speaker 3>Yeah, he got the two thousand dollars reward for coming

0:17:01.880 --> 0:17:05.120
<v Speaker 3>forward initially, which was interesting because the award was listed

0:17:05.200 --> 0:17:08.199
<v Speaker 3>for anyone would get it, leading to an arrest. They

0:17:08.359 --> 0:17:11.400
<v Speaker 3>arrest Lynworth Edwards, one of the co defendants. He gets

0:17:11.400 --> 0:17:14.760
<v Speaker 3>the two thousand dollars. They then schedule a deposition of

0:17:14.880 --> 0:17:18.280
<v Speaker 3>William Avery Junior claiming that his life is in danger

0:17:18.440 --> 0:17:21.080
<v Speaker 3>or something, and he gets paid again, and then he

0:17:21.160 --> 0:17:22.760
<v Speaker 3>ends up getting paid more so at the end of

0:17:22.760 --> 0:17:24.880
<v Speaker 3>the bowl saga, he ended up getting paid around five

0:17:24.880 --> 0:17:26.560
<v Speaker 3>thousand dollars for his testimony.

0:17:26.920 --> 0:17:29.720
<v Speaker 1>Right, we're talking nineteen ninety one dollars is a lot

0:17:29.720 --> 0:17:30.680
<v Speaker 1>more money than it is today.

0:17:30.760 --> 0:17:33.320
<v Speaker 3>Yeah, absolutely, to someone who was a crack addict who

0:17:33.480 --> 0:17:35.880
<v Speaker 3>you know, on the stand said he never really had

0:17:35.880 --> 0:17:37.480
<v Speaker 3>a job, so this was his income.

0:17:37.840 --> 0:17:41.359
<v Speaker 1>So Avery Junior changed and recanted his story multiple times

0:17:41.440 --> 0:17:45.200
<v Speaker 1>after the initial interrogation, but his claims anyway were enough

0:17:45.640 --> 0:17:48.880
<v Speaker 1>and the authorities were happy to use them to convict

0:17:49.080 --> 0:17:52.199
<v Speaker 1>four men. Avery Junior was supposed to testify in the

0:17:52.280 --> 0:17:55.280
<v Speaker 1>first trial because guys were tried separately, right, Lynworth Edwards

0:17:55.359 --> 0:17:56.159
<v Speaker 1>was the first trial.

0:17:56.560 --> 0:18:00.480
<v Speaker 3>Yes, so at Lynworth Edward's first trial, this was the

0:18:00.480 --> 0:18:03.399
<v Speaker 3>first of the four to be tried. Yeah, William Avery

0:18:03.480 --> 0:18:08.439
<v Speaker 3>Junior basically demanded ten thousand dollars to keep given his testimony,

0:18:08.520 --> 0:18:11.400
<v Speaker 3>which you know, of course, the prosecutor said, well, no,

0:18:11.480 --> 0:18:14.320
<v Speaker 3>we're not paying you anything. So at this point Avery

0:18:14.400 --> 0:18:18.439
<v Speaker 3>Junior then says, well, I'm not going to testify. Everything

0:18:18.480 --> 0:18:22.119
<v Speaker 3>I said before was a lie. So yeah, they end

0:18:22.200 --> 0:18:25.320
<v Speaker 3>up throwing him in jail and charging him with contempt.

0:18:25.359 --> 0:18:28.000
<v Speaker 3>But he later comes back and it's the second trial

0:18:28.040 --> 0:18:32.960
<v Speaker 3>for Lynworth and says, well, the reason I flip flopped

0:18:33.000 --> 0:18:36.520
<v Speaker 3>before was because I was threatened in the jail if

0:18:36.560 --> 0:18:39.879
<v Speaker 3>I went forward with telling what I know about this crime.

0:18:40.320 --> 0:18:42.879
<v Speaker 3>And so that's how they got away with putting on

0:18:43.000 --> 0:18:46.160
<v Speaker 3>his testimony in lynn Were's second trial and then in

0:18:46.200 --> 0:18:49.959
<v Speaker 3>the rest of the defendant's trials. However, what we found

0:18:50.000 --> 0:18:55.160
<v Speaker 3>out later years later was that those threats never happened.

0:18:55.720 --> 0:18:58.880
<v Speaker 3>We found records showing that Avery Junior, he actually got

0:18:58.920 --> 0:19:02.879
<v Speaker 3>in trouble for making false reports about getting threatened. And

0:19:02.920 --> 0:19:04.880
<v Speaker 3>so the whole case was just built on a lie.

0:19:04.960 --> 0:19:11.720
<v Speaker 1>Basically a lot of lifes. Well, yes, but and Al

0:19:12.080 --> 0:19:14.960
<v Speaker 1>your trial, you were the third one tried right, and

0:19:15.160 --> 0:19:17.879
<v Speaker 1>your trial lasted six days.

0:19:18.880 --> 0:19:23.960
<v Speaker 2>When the jury came in, I turned around to look

0:19:24.000 --> 0:19:33.600
<v Speaker 2>at them, and I saw it was hatred. Bro I

0:19:34.680 --> 0:19:39.600
<v Speaker 2>saw a hatred and my mom was there, a couple

0:19:39.640 --> 0:19:45.119
<v Speaker 2>of supporters. And when the judge read the verdict, he

0:19:45.200 --> 0:19:49.639
<v Speaker 2>told me that I'm sentenced to life. And I told

0:19:49.720 --> 0:19:56.480
<v Speaker 2>him I didn't do it. And the screech when he

0:19:56.560 --> 0:20:07.919
<v Speaker 2>said guilty, the screech came a mother's voice. I knew

0:20:08.480 --> 0:20:16.880
<v Speaker 2>it took a party purses part from. All I can

0:20:16.920 --> 0:20:19.280
<v Speaker 2>do is try to turn around comforter like it's gonna

0:20:19.280 --> 0:20:22.160
<v Speaker 2>be okay, It's gonna be all right.

0:20:31.080 --> 0:20:34.880
<v Speaker 1>This episode is underwritten by the AIG pro Bono Program.

0:20:35.040 --> 0:20:38.560
<v Speaker 1>AIG is a leading global insurance company, and for over

0:20:38.600 --> 0:20:42.400
<v Speaker 1>a decade, the AIG pro Bono Program has provided thousands

0:20:42.440 --> 0:20:45.520
<v Speaker 1>of hours of ree, legal services and other support to

0:20:45.600 --> 0:20:50.080
<v Speaker 1>nonprofit organizations and individuals most in need. More recently, the

0:20:50.119 --> 0:20:53.840
<v Speaker 1>program added criminal and social justice reform as a key

0:20:53.920 --> 0:20:55.119
<v Speaker 1>pillar of its mission.

0:21:00.240 --> 0:21:03.600
<v Speaker 2>Yeah. So I went to a high security prison they

0:21:03.640 --> 0:21:07.720
<v Speaker 2>call them close camps where they send people that you know,

0:21:08.119 --> 0:21:13.480
<v Speaker 2>done some of society's worse crimes. They're there, and those

0:21:13.520 --> 0:21:16.040
<v Speaker 2>first six or seven years that kind of blurry to

0:21:16.119 --> 0:21:23.560
<v Speaker 2>me because I was so focused on fighting and educating myself.

0:21:23.600 --> 0:21:27.439
<v Speaker 2>I had to totally like re educate myself because everything

0:21:27.520 --> 0:21:31.600
<v Speaker 2>I thought I believed turned out to be alive about

0:21:31.600 --> 0:21:33.720
<v Speaker 2>the system and everything. You know, I had to learn

0:21:33.760 --> 0:21:36.520
<v Speaker 2>about myself. You know. I learned about my history, learn

0:21:36.560 --> 0:21:39.239
<v Speaker 2>about the history of this country, learn about you know,

0:21:39.320 --> 0:21:45.040
<v Speaker 2>other people who suffered injustices, and tried to understand how

0:21:45.119 --> 0:21:48.280
<v Speaker 2>these things happened. You know, it wasn't just me, and

0:21:48.320 --> 0:21:51.320
<v Speaker 2>I started learning like, man, this is a big problem.

0:21:51.359 --> 0:21:55.800
<v Speaker 2>So I just got on a mission to better myself

0:21:55.960 --> 0:22:00.879
<v Speaker 2>and better educate myself so I could learn how to

0:22:00.920 --> 0:22:04.520
<v Speaker 2>write better, learn how to communicate better, to get support.

0:22:04.760 --> 0:22:06.280
<v Speaker 2>You know, I had to be able to write people.

0:22:06.560 --> 0:22:09.159
<v Speaker 2>It's like you're going on a campaign and you just

0:22:09.200 --> 0:22:12.160
<v Speaker 2>got to learn how to articulate yourself. At the same time,

0:22:12.480 --> 0:22:16.840
<v Speaker 2>growing spiritually, working out, trying to be an impact on

0:22:16.920 --> 0:22:19.080
<v Speaker 2>the guys in there, because I started seeing that, you know,

0:22:19.080 --> 0:22:21.520
<v Speaker 2>a lot of guys weren't educated at all, like no

0:22:21.680 --> 0:22:24.680
<v Speaker 2>GEDs and a lot of illiteracy. So I put myself

0:22:24.680 --> 0:22:28.679
<v Speaker 2>in a block where I could tutor guys and just

0:22:28.720 --> 0:22:30.600
<v Speaker 2>help out in that way. I knew it was other

0:22:30.640 --> 0:22:33.400
<v Speaker 2>guys that were innocent, and if they were illiterate, they

0:22:33.840 --> 0:22:36.600
<v Speaker 2>didn't stand a chance. You know, It's tons of guys

0:22:36.600 --> 0:22:38.720
<v Speaker 2>in there for stuff they didn't do, but they don't

0:22:38.760 --> 0:22:41.080
<v Speaker 2>have any support. They don't know how to explain their situation.

0:22:41.200 --> 0:22:43.400
<v Speaker 2>They don't even really know what happened. They don't really

0:22:43.520 --> 0:22:46.280
<v Speaker 2>understand the language that was used on them in the courtroom,

0:22:46.760 --> 0:22:50.040
<v Speaker 2>just sitting there trying to fight their way through the

0:22:50.080 --> 0:22:52.960
<v Speaker 2>everyday life of prison. So I just had to try

0:22:52.960 --> 0:22:54.720
<v Speaker 2>to be an impact in there. I wasn't going to

0:22:54.760 --> 0:22:59.640
<v Speaker 2>allow what happened to me to make me bitter, make

0:22:59.640 --> 0:23:02.920
<v Speaker 2>me because I saw that it directly affects your health.

0:23:02.960 --> 0:23:05.240
<v Speaker 2>So I had to make my mind up to you know,

0:23:05.359 --> 0:23:08.240
<v Speaker 2>understand forgiveness and try to understand that maybe these people

0:23:08.240 --> 0:23:10.679
<v Speaker 2>made a mistake, maybe they really thought we did do this,

0:23:10.800 --> 0:23:13.680
<v Speaker 2>you know, but I found out later on. This gets

0:23:13.760 --> 0:23:16.200
<v Speaker 2>me angry man, is that they knew it was other

0:23:16.359 --> 0:23:20.400
<v Speaker 2>people and other suspects. They will on these guys trail man,

0:23:21.440 --> 0:23:23.639
<v Speaker 2>and these are people that we're finding out other people

0:23:23.840 --> 0:23:26.560
<v Speaker 2>that committed the crime, and they were on that track,

0:23:26.640 --> 0:23:29.200
<v Speaker 2>but just wanted us just focus on us man, and

0:23:29.240 --> 0:23:32.760
<v Speaker 2>went forward with a full story a preschool. It could

0:23:32.800 --> 0:23:36.320
<v Speaker 2>have poke holes in this God's story, but they moved

0:23:36.320 --> 0:23:36.840
<v Speaker 2>forward with it.

0:23:37.840 --> 0:23:42.480
<v Speaker 1>Yeah, I mean, it's extraordinary to me that you and

0:23:42.560 --> 0:23:45.159
<v Speaker 1>others have found a way to now he find this

0:23:45.280 --> 0:23:47.679
<v Speaker 1>spiritual grace or whatever you want to call it. But

0:23:47.760 --> 0:23:50.200
<v Speaker 1>also to overcome is the best word I can think

0:23:50.240 --> 0:23:54.200
<v Speaker 1>of this incredible hardship. It's not even I can't find

0:23:54.200 --> 0:23:57.439
<v Speaker 1>the right word. But it's worth noting that Al was

0:23:57.520 --> 0:24:01.760
<v Speaker 1>convicted about five years after the crime was committed, all

0:24:01.800 --> 0:24:04.840
<v Speaker 1>the way in nineteen ninety six, and that same year

0:24:05.320 --> 0:24:07.679
<v Speaker 1>there was a motion for a new trial based on

0:24:07.680 --> 0:24:12.280
<v Speaker 1>an afphi David from Jeremiah Abdulah Charlton Al. Who was

0:24:12.320 --> 0:24:15.400
<v Speaker 1>he and why was his affidavit significant?

0:24:15.560 --> 0:24:18.159
<v Speaker 2>So this was a few years after my conviction. I

0:24:18.320 --> 0:24:21.639
<v Speaker 2>run into this guy who says he had some information

0:24:21.760 --> 0:24:24.719
<v Speaker 2>that he's been trying to share and had in fact

0:24:24.840 --> 0:24:29.679
<v Speaker 2>shared with police, and he was the last person to

0:24:29.720 --> 0:24:32.520
<v Speaker 2>see Marshall Blakeley. At least he alleged he was, you know,

0:24:32.560 --> 0:24:35.760
<v Speaker 2>put her into the car with two guys to exchange

0:24:36.080 --> 0:24:39.159
<v Speaker 2>four drugs. I guess he was like pimping, so to speak,

0:24:39.359 --> 0:24:42.120
<v Speaker 2>and he put her in the car with these guys.

0:24:42.480 --> 0:24:45.399
<v Speaker 2>So the judge did give us a hearing based on

0:24:45.480 --> 0:24:49.479
<v Speaker 2>his affidavit. Anytime somebody files an affidavit, you have to

0:24:49.480 --> 0:24:53.240
<v Speaker 2>come to testify to the truthfulness of the affidavit. But

0:24:53.720 --> 0:24:56.879
<v Speaker 2>when we get to the hearing, Maloya wasn't even prepared,

0:24:57.200 --> 0:25:00.000
<v Speaker 2>didn't call him, didn't subpoena any and lo and behold,

0:25:00.080 --> 0:25:04.080
<v Speaker 2>I found out this same prosecutor had indicted her for

0:25:04.200 --> 0:25:06.560
<v Speaker 2>some stuff in her office, you know, stuff that they

0:25:06.560 --> 0:25:09.320
<v Speaker 2>were going through, and had her under indictment at the

0:25:09.359 --> 0:25:12.000
<v Speaker 2>time of that hearing. So she wasn't in her right mind.

0:25:12.080 --> 0:25:16.240
<v Speaker 2>And the judge denied the hearing based on her unpreparedness.

0:25:16.520 --> 0:25:18.520
<v Speaker 2>And she was a good attorney, I mean, she fought,

0:25:18.600 --> 0:25:21.440
<v Speaker 2>she believed in me, but she couldn't go up against

0:25:21.440 --> 0:25:23.720
<v Speaker 2>these guys man, they were too influential.

0:25:24.160 --> 0:25:28.080
<v Speaker 1>It seems to me that there were any number of

0:25:28.160 --> 0:25:31.080
<v Speaker 1>times when the state had not just the opportunity, but

0:25:31.160 --> 0:25:36.280
<v Speaker 1>the obligation to right this wrong. But like it often does, instead,

0:25:36.760 --> 0:25:38.879
<v Speaker 1>it sort of got under its shell like a turtle

0:25:39.040 --> 0:25:43.199
<v Speaker 1>and deflected any new information or evidence to protect this

0:25:43.280 --> 0:25:45.879
<v Speaker 1>wrongful conviction or these four wrongful convictions.

0:25:46.160 --> 0:25:49.440
<v Speaker 3>Yeah, Al did his sort of regular direct appeals which

0:25:49.520 --> 0:25:53.199
<v Speaker 3>didn't go anywhere. And then later Avery Junior, you know,

0:25:53.240 --> 0:25:55.679
<v Speaker 3>the only guy that put him at the scene, he

0:25:55.800 --> 0:25:58.320
<v Speaker 3>recanted and admitted that he made the whole thing up.

0:25:58.760 --> 0:26:02.560
<v Speaker 3>What's interesting about that is it took a long time

0:26:02.600 --> 0:26:05.520
<v Speaker 3>for Al's family to track down Avery Junior. He kind

0:26:05.520 --> 0:26:08.119
<v Speaker 3>of lived off the grid and it was hard to

0:26:08.119 --> 0:26:10.680
<v Speaker 3>find him. But once they did and he admitted, you

0:26:10.720 --> 0:26:13.280
<v Speaker 3>know that he had lied in this. What we later

0:26:13.359 --> 0:26:16.720
<v Speaker 3>found out was that that wasn't the first time he recanted.

0:26:16.800 --> 0:26:20.199
<v Speaker 3>He actually recanted a couple of years before that to

0:26:20.320 --> 0:26:23.520
<v Speaker 3>an FBI agent in Detroit, just completely out of the

0:26:23.520 --> 0:26:27.200
<v Speaker 3>blue and on his own. Nobody from the state ever

0:26:27.240 --> 0:26:28.920
<v Speaker 3>got a hold of Al or any of his attorneys

0:26:29.000 --> 0:26:32.200
<v Speaker 3>to let him know that. So at that point there

0:26:32.280 --> 0:26:35.439
<v Speaker 3>was no evidence left, and the States admitted that in

0:26:35.600 --> 0:26:39.400
<v Speaker 3>filings before that, Without Avery Junior, there's no case against Al.

0:26:39.800 --> 0:26:42.360
<v Speaker 3>So this was before Ohio Innocence Project and I got

0:26:42.359 --> 0:26:44.440
<v Speaker 3>involved in the case. But he went back to state

0:26:44.480 --> 0:26:48.200
<v Speaker 3>court with this sworn statement in affidavit from Avery Junior.

0:26:48.280 --> 0:26:50.919
<v Speaker 3>And in the state court they finally eventually held a

0:26:50.960 --> 0:26:54.000
<v Speaker 3>hearing where they called him meant to testify, well, they

0:26:54.040 --> 0:26:56.679
<v Speaker 3>read him his rights on the stand he did, threatened

0:26:56.680 --> 0:26:59.720
<v Speaker 3>to prosecute him with perjury in the four different trials

0:27:00.160 --> 0:27:03.840
<v Speaker 3>if he proceeded to recant on the stand, and he said, well,

0:27:03.840 --> 0:27:06.639
<v Speaker 3>I'm not going to prison for thirty years, took the

0:27:06.680 --> 0:27:10.800
<v Speaker 3>fifth and walked out. Now, the only reasonable conclusion you

0:27:10.840 --> 0:27:12.679
<v Speaker 3>could draw from that was that he was going to

0:27:12.720 --> 0:27:15.920
<v Speaker 3>testify that he lied at the trial because he wasn't

0:27:15.920 --> 0:27:18.160
<v Speaker 3>in any danger if he was going to suddenly say

0:27:18.240 --> 0:27:20.240
<v Speaker 3>he was telling the truth at the trial, if that

0:27:20.280 --> 0:27:23.399
<v Speaker 3>makes sense. But in any case, he walks outside and

0:27:23.400 --> 0:27:25.800
<v Speaker 3>there's an interview with a reporter right afterward where he says,

0:27:25.880 --> 0:27:27.920
<v Speaker 3>dude's innocent, but I'm not going to prison for it.

0:27:28.320 --> 0:27:29.840
<v Speaker 2>Yeah.

0:27:29.920 --> 0:27:32.200
<v Speaker 1>Yeah, his silence spoke volumes.

0:27:32.040 --> 0:27:34.720
<v Speaker 3>Absolutely, and if they were interested in justice, they would

0:27:34.760 --> 0:27:37.640
<v Speaker 3>have let him testify. So yeah, then he lost there,

0:27:37.800 --> 0:27:40.160
<v Speaker 3>and then we ended up in federal court, and that's

0:27:40.160 --> 0:27:41.320
<v Speaker 3>where I kind of came in.

0:27:41.480 --> 0:27:45.320
<v Speaker 1>We know how difficult the federal court is. Unfortunately, due

0:27:45.359 --> 0:27:48.720
<v Speaker 1>to Edpah, the chances of success in federal court are

0:27:49.240 --> 0:27:51.520
<v Speaker 1>basically the same as a snowballs chance in hell. But

0:27:52.359 --> 0:27:54.960
<v Speaker 1>tell us what you did, how you did it, and

0:27:55.080 --> 0:27:58.400
<v Speaker 1>how the hell you finally managed to bring him home

0:27:58.440 --> 0:27:59.320
<v Speaker 1>as a miracle.

0:28:00.040 --> 0:28:03.480
<v Speaker 3>We filed it in federal court, and the district court

0:28:03.480 --> 0:28:05.800
<v Speaker 3>had said that we couldn't go forward with the habeas

0:28:06.200 --> 0:28:10.200
<v Speaker 3>case because there's this statute of limitations for of one year,

0:28:10.359 --> 0:28:12.840
<v Speaker 3>and long story short, they said we were too late.

0:28:13.600 --> 0:28:17.120
<v Speaker 3>So we filed an appeal because there's this exception if

0:28:17.160 --> 0:28:21.640
<v Speaker 3>you can show that someone is actually innocent, and that's

0:28:21.680 --> 0:28:25.160
<v Speaker 3>what we did with the recantation from Avery. And then

0:28:25.359 --> 0:28:29.040
<v Speaker 3>we had evidence from the alibi witnesses and additional alibi

0:28:29.080 --> 0:28:32.280
<v Speaker 3>witnesses as well. So the state, you know, had poked

0:28:32.280 --> 0:28:35.800
<v Speaker 3>holes in Al's Alibia trial by saying, well, he could

0:28:35.800 --> 0:28:38.880
<v Speaker 3>have driven or flown here after the times we knew

0:28:38.880 --> 0:28:41.440
<v Speaker 3>he was in New York. Well, we had additional witnesses

0:28:41.520 --> 0:28:44.200
<v Speaker 3>that we found that proved that Al was in New

0:28:44.280 --> 0:28:48.080
<v Speaker 3>York at the time the crime happened, or so close

0:28:48.120 --> 0:28:51.120
<v Speaker 3>in time to it that unless he could time travel,

0:28:51.280 --> 0:28:54.440
<v Speaker 3>he could not have possibly gone back to Ohio.

0:28:54.920 --> 0:28:56.200
<v Speaker 4>So based on.

0:28:56.160 --> 0:28:58.479
<v Speaker 3>Those things, we convinced the Sixth Circuit that we had

0:28:58.520 --> 0:29:01.320
<v Speaker 3>shown that he was actually innocent. That didn't mean that

0:29:01.360 --> 0:29:03.600
<v Speaker 3>he got to go home. That just meant that we

0:29:03.680 --> 0:29:08.000
<v Speaker 3>got the right to actually pursue the habeas claims in

0:29:08.040 --> 0:29:11.240
<v Speaker 3>the district court. So in federal court you have to

0:29:11.280 --> 0:29:15.560
<v Speaker 3>make federal constitutional claims. So we were making federal claims

0:29:15.680 --> 0:29:19.880
<v Speaker 3>of Brady violations where the state had hid evidence and

0:29:19.960 --> 0:29:22.880
<v Speaker 3>also that they had intentionally put on false evidence from

0:29:22.960 --> 0:29:26.360
<v Speaker 3>Avery that they knew was false, and also claimed like

0:29:26.360 --> 0:29:29.680
<v Speaker 3>an effective assistance of trial council for failing to find

0:29:29.720 --> 0:29:32.560
<v Speaker 3>some of these additional alibi witnesses. And then we also

0:29:32.800 --> 0:29:36.880
<v Speaker 3>made a claim based on actual innocence and said, you know,

0:29:36.960 --> 0:29:39.200
<v Speaker 3>he has a federal constitutional right to not be in

0:29:39.240 --> 0:29:43.000
<v Speaker 3>prison if he's actually innocent. Although interestingly, the US Supreme

0:29:43.040 --> 0:29:46.239
<v Speaker 3>Court even to this day has not expressly recognized that

0:29:46.240 --> 0:29:49.440
<v Speaker 3>that's a federal constitutional right to not be in prisoned

0:29:49.440 --> 0:29:54.920
<v Speaker 3>if you're innocent. So we had this hearing and then

0:29:54.960 --> 0:29:58.440
<v Speaker 3>we lost. I mean, I can't even describe how I

0:29:58.480 --> 0:30:01.120
<v Speaker 3>felt when the notification came and it came over email

0:30:01.160 --> 0:30:04.280
<v Speaker 3>and I saw it, and I think I just about

0:30:04.360 --> 0:30:07.640
<v Speaker 3>fell out of my chair. You know, losing the appeals

0:30:08.240 --> 0:30:10.440
<v Speaker 3>in this case has been, I think the hardest thing

0:30:10.480 --> 0:30:15.360
<v Speaker 3>I've had to deal with professionally. It still boggles my

0:30:15.480 --> 0:30:18.600
<v Speaker 3>mind and infuriates me and saddens me all at the

0:30:18.600 --> 0:30:24.320
<v Speaker 3>same time. And then, because of the weirdness of habeas law,

0:30:24.400 --> 0:30:27.400
<v Speaker 3>we weren't allowed to appeal directly. We had to ask

0:30:27.440 --> 0:30:30.920
<v Speaker 3>for permission to appeal. And then the Sixth Circuit, which

0:30:30.960 --> 0:30:33.400
<v Speaker 3>was the same court that had said we had put

0:30:33.440 --> 0:30:36.480
<v Speaker 3>forward a case showing that al was actually innocent, then

0:30:36.600 --> 0:30:38.840
<v Speaker 3>denied us the right to appeal and said we didn't

0:30:38.840 --> 0:30:41.000
<v Speaker 3>even have the right to appeal, which I still can't

0:30:41.080 --> 0:30:43.160
<v Speaker 3>explain that. I don't know how you say, well, it

0:30:43.160 --> 0:30:46.760
<v Speaker 3>looks like he's actually innocent, then get more evidence supporting that,

0:30:47.200 --> 0:30:49.000
<v Speaker 3>and then just say, well, never mind, we're not going

0:30:49.080 --> 0:30:51.480
<v Speaker 3>to hear your claim anymore. But that's what happened.

0:30:52.760 --> 0:30:55.680
<v Speaker 1>That's our system, ladies and gentlemen. The Sixth Circuit said, yeah,

0:30:55.720 --> 0:30:58.160
<v Speaker 1>you're innocent, but no, we're not going to give you

0:30:58.200 --> 0:31:02.520
<v Speaker 1>a new trial. Furthermore, this Supreme Court has said that

0:31:02.840 --> 0:31:07.840
<v Speaker 1>actual innocence doesn't necessarily provide a basis for relief. I

0:31:07.840 --> 0:31:10.760
<v Speaker 1>think it was Scalia who made that, those awful statements.

0:31:10.800 --> 0:31:15.000
<v Speaker 1>And you know, we should all be reviled by this,

0:31:15.280 --> 0:31:18.120
<v Speaker 1>like what are you talking about? Like what the fuck

0:31:18.360 --> 0:31:22.080
<v Speaker 1>are you talking about? That actual innocence is not a

0:31:22.120 --> 0:31:27.320
<v Speaker 1>basis for a relief. Yes, it is. Everybody knows this,

0:31:27.560 --> 0:31:30.840
<v Speaker 1>and yet that's not the way it works here. It's

0:31:30.880 --> 0:31:34.800
<v Speaker 1>like procedure is more important than justice. It's basically what

0:31:34.880 --> 0:31:38.680
<v Speaker 1>it comes down to. And it's madness. It's absolute madness.

0:31:38.720 --> 0:31:41.600
<v Speaker 1>And we're here, als here in the flesh, as a

0:31:41.680 --> 0:31:46.320
<v Speaker 1>living example of just how wrong all of this is.

0:31:46.880 --> 0:31:49.880
<v Speaker 1>But before we get to the closing of the show,

0:31:50.120 --> 0:31:56.040
<v Speaker 1>I want to talk about one other, absolutely extraordinary aspect

0:31:56.080 --> 0:32:00.760
<v Speaker 1>of your life, and that is your wife and Vailing.

0:32:01.440 --> 0:32:06.000
<v Speaker 1>It's beautiful in all this darkness and misery, This woman

0:32:06.080 --> 0:32:09.800
<v Speaker 1>who I look forward to meeting someday. Yeah, stood by you.

0:32:10.400 --> 0:32:11.600
<v Speaker 1>How is that even possible?

0:32:11.720 --> 0:32:14.480
<v Speaker 5>Twenty five years We did an interview yesterday and I

0:32:14.560 --> 0:32:17.040
<v Speaker 5>asked her during an interview what would make a woman

0:32:17.880 --> 0:32:20.800
<v Speaker 5>make such a huge sacrifice in their life and she

0:32:21.080 --> 0:32:24.560
<v Speaker 5>just said, man, loved I mean, it was very powerful

0:32:24.840 --> 0:32:30.360
<v Speaker 5>and this woman loves me man like. That's why I

0:32:30.400 --> 0:32:34.000
<v Speaker 5>made that song Jennifer about you, guys, And I'm telling.

0:32:33.760 --> 0:32:36.920
<v Speaker 2>You all through the song like love can do all things. Yeah,

0:32:36.960 --> 0:32:39.280
<v Speaker 2>I had Damon John as a friend and he did

0:32:39.440 --> 0:32:42.400
<v Speaker 2>rise while I was in prison and helped out with

0:32:42.480 --> 0:32:45.600
<v Speaker 2>attorney fees where he could and where I needed him to.

0:32:46.040 --> 0:32:49.840
<v Speaker 2>But it wasn't money. It was the love of people.

0:32:49.880 --> 0:32:51.480
<v Speaker 2>It was the love of my wife. It was a

0:32:51.480 --> 0:32:53.760
<v Speaker 2>love of family members who supported me. It was a

0:32:53.800 --> 0:32:56.840
<v Speaker 2>love of Jennifer and the Innocence Project. And it's just

0:32:56.880 --> 0:32:59.120
<v Speaker 2>me saying thanks. So I want to share that. You know,

0:32:59.160 --> 0:33:01.360
<v Speaker 2>I'll go by the name of it in Cleveland, it's

0:33:01.400 --> 0:33:06.120
<v Speaker 2>called Welcome Back. Thanks for holding them, friends, Thanks for

0:33:06.560 --> 0:33:10.920
<v Speaker 2>your thoughts while I was up in there. Appreciate your

0:33:11.000 --> 0:33:12.400
<v Speaker 2>support while I was down.

0:33:12.440 --> 0:33:18.840
<v Speaker 1>And now I'm so happy that your talents will finally

0:33:18.880 --> 0:33:22.000
<v Speaker 1>be put to use in the world. So everyone, please

0:33:22.040 --> 0:33:24.720
<v Speaker 1>make sure you scroll down. We'll have all of this

0:33:25.080 --> 0:33:25.960
<v Speaker 1>link in the bio.

0:33:26.160 --> 0:33:27.960
<v Speaker 2>And don't forgive my wife and not books. She's sitting

0:33:28.000 --> 0:33:31.200
<v Speaker 2>right here with me. Three Strands, One Cord, A couple's

0:33:31.240 --> 0:33:35.560
<v Speaker 2>guide to understanding incarceration for couples and families going through

0:33:35.560 --> 0:33:39.240
<v Speaker 2>in conservation. If they need some help on how to

0:33:39.320 --> 0:33:43.080
<v Speaker 2>navigate that terrain and make it through and possibly.

0:33:42.600 --> 0:33:45.800
<v Speaker 4>Even thrive in love plans, then.

0:33:46.280 --> 0:33:49.040
<v Speaker 2>Get the book. It's our way of serving that community.

0:33:49.280 --> 0:33:54.880
<v Speaker 2>So three strands, one chord, Couple's Guide to Understanding Incarceration

0:33:55.160 --> 0:33:59.000
<v Speaker 2>Roberta and Alpha cleveand thank you for real man. Those

0:33:59.080 --> 0:34:03.560
<v Speaker 2>that the and it's this project Jennifer and Nemman, Morgan

0:34:03.640 --> 0:34:08.040
<v Speaker 2>and Jassie in Virginia, and you know Jason Flem and

0:34:08.120 --> 0:34:14.200
<v Speaker 2>Lourie pushing, praying, my wife, my kids, never complaim once,

0:34:14.280 --> 0:34:15.959
<v Speaker 2>move house to house, the house.

0:34:16.280 --> 0:34:31.840
<v Speaker 1>It was crazy crazy. In summer of twenty twenty, Jennifer,

0:34:31.880 --> 0:34:35.880
<v Speaker 1>you presented OL's case of innocence along with countless letters

0:34:35.880 --> 0:34:39.680
<v Speaker 1>of support, and at that parle board hearing they voted

0:34:39.920 --> 0:34:41.720
<v Speaker 1>in favor of Al's release.

0:34:42.320 --> 0:34:44.279
<v Speaker 3>So in Ohio, the way it works is if you

0:34:45.000 --> 0:34:49.800
<v Speaker 3>are recommended for parole and certain crimes, the victim's family

0:34:50.000 --> 0:34:53.480
<v Speaker 3>or the prosecutor has the opportunity to object. So that's

0:34:53.520 --> 0:34:55.239
<v Speaker 3>what happened, and so then it goes to the full

0:34:55.239 --> 0:34:57.640
<v Speaker 3>parole board. So there was ten members and we went

0:34:57.800 --> 0:35:00.920
<v Speaker 3>in person. Al was not there. It was me and

0:35:00.960 --> 0:35:03.400
<v Speaker 3>his wife. We came in and spoke, and then Damon

0:35:03.480 --> 0:35:08.160
<v Speaker 3>John spoke via the internet, and then you know, the victims'

0:35:08.160 --> 0:35:10.560
<v Speaker 3>family members were allowed to speak too. But it was

0:35:10.719 --> 0:35:14.799
<v Speaker 3>a really moving and overwhelming moment because one of the

0:35:14.880 --> 0:35:18.000
<v Speaker 3>victim's family members actually spoke out in favor of parole

0:35:18.040 --> 0:35:20.160
<v Speaker 3>because she didn't think that they had done the crime either,

0:35:20.800 --> 0:35:25.160
<v Speaker 3>which just hearing that was overwhelming. So the whole parole

0:35:25.200 --> 0:35:26.680
<v Speaker 3>board left and we just kind of had to sit

0:35:26.719 --> 0:35:28.759
<v Speaker 3>there and wait for them to make a decision, which

0:35:28.840 --> 0:35:31.279
<v Speaker 3>was one of the longest times of waiting I think

0:35:31.320 --> 0:35:33.960
<v Speaker 3>I've ever felt. But they came back in and it

0:35:34.000 --> 0:35:37.279
<v Speaker 3>was nine to one in favor of parole for him

0:35:37.400 --> 0:35:40.400
<v Speaker 3>and his codefendant, Lynworth Edwards was also up that day

0:35:40.440 --> 0:35:43.680
<v Speaker 3>and so they both were granted it, And I mean,

0:35:43.719 --> 0:35:45.880
<v Speaker 3>it was just incredible knowing he was finally going to

0:35:45.960 --> 0:35:49.520
<v Speaker 3>come home. It was frustrating knowing he wasn't getting exonerated

0:35:49.640 --> 0:35:53.880
<v Speaker 3>or no one was acknowledging his innocence yet, but at

0:35:53.960 --> 0:35:54.799
<v Speaker 3>least he'd be home.

0:35:56.800 --> 0:36:00.520
<v Speaker 1>It's anti climactic in a sense because and this is

0:36:00.560 --> 0:36:03.440
<v Speaker 1>important for the audience to hear, Al still hasn't been

0:36:03.480 --> 0:36:06.719
<v Speaker 1>declared actually innocent, which means he's not eligible for compensation.

0:36:06.880 --> 0:36:10.080
<v Speaker 1>He still has to be on parole, et cetera. Right,

0:36:10.360 --> 0:36:12.200
<v Speaker 1>I'm going to put it out there right now. I mean,

0:36:12.239 --> 0:36:15.200
<v Speaker 1>I think we have to explore the possibility of getting

0:36:15.320 --> 0:36:17.919
<v Speaker 1>an absolute pardon. You know, I will help in any

0:36:17.960 --> 0:36:19.879
<v Speaker 1>way that I'm asked to. I don't want to get

0:36:19.920 --> 0:36:22.080
<v Speaker 1>in the way. I think the governor of Ohio is

0:36:22.120 --> 0:36:24.000
<v Speaker 1>a reasonable and decent man.

0:36:24.200 --> 0:36:26.560
<v Speaker 3>Well, thank you. I will say that we're not done yet.

0:36:26.760 --> 0:36:30.239
<v Speaker 3>We think we've identified who actually did the crime, and

0:36:30.320 --> 0:36:32.640
<v Speaker 3>so you know, we're now in the position the only

0:36:32.800 --> 0:36:35.440
<v Speaker 3>legal avenue he has forward at this point is if

0:36:35.520 --> 0:36:37.680
<v Speaker 3>we can solve the crime for the state and kind

0:36:37.719 --> 0:36:39.719
<v Speaker 3>of take it to them, which is what we're working on.

0:36:40.000 --> 0:36:43.799
<v Speaker 3>So stay tuned. Hopefully this isn't the end. Hopefully he

0:36:43.840 --> 0:36:46.720
<v Speaker 3>will eventually get the exoneration he deserves.

0:36:47.520 --> 0:36:51.160
<v Speaker 1>Amen to that. And at this point we turn to

0:36:51.719 --> 0:36:54.680
<v Speaker 1>the part where I first of all thank each of

0:36:54.719 --> 0:37:01.560
<v Speaker 1>you for being here and sharing this unbelievable And now

0:37:01.680 --> 0:37:04.719
<v Speaker 1>I'm going to introduce the closing of the show, which

0:37:04.800 --> 0:37:07.120
<v Speaker 1>is called closing arguments are probably enough. And this is

0:37:07.160 --> 0:37:11.080
<v Speaker 1>the part where I turn off my microphone, kick back

0:37:11.120 --> 0:37:13.640
<v Speaker 1>in my chair, close my eyes, leave my headphones on,

0:37:13.840 --> 0:37:16.239
<v Speaker 1>and I turn it over to you first, Jennifer, for

0:37:16.480 --> 0:37:18.920
<v Speaker 1>closing arguments, whatever you want to say, anything you think

0:37:18.960 --> 0:37:22.160
<v Speaker 1>that's left unsaid, and then we'll save the best for last,

0:37:22.320 --> 0:37:25.800
<v Speaker 1>and we'll go to you Al for your closing arguments,

0:37:25.840 --> 0:37:27.080
<v Speaker 1>and that's how we'll end the show.

0:37:27.719 --> 0:37:30.160
<v Speaker 3>Well, I wanted to say thank you for having me

0:37:30.280 --> 0:37:35.480
<v Speaker 3>on today and listening to the story about we barely

0:37:35.520 --> 0:37:38.320
<v Speaker 3>scratch the surface of all the crazy twists and turns

0:37:38.320 --> 0:37:42.400
<v Speaker 3>of this case, but I appreciate you bringing this to

0:37:42.480 --> 0:37:44.959
<v Speaker 3>the audience, and Al, I just wanted to say thank

0:37:45.000 --> 0:37:49.279
<v Speaker 3>you for believing in me over this whole time, even

0:37:49.320 --> 0:37:52.239
<v Speaker 3>when things haven't gone as we hoped. But I'm just

0:37:52.400 --> 0:37:55.200
<v Speaker 3>so delighted that you're home, and I'm so excited to

0:37:55.239 --> 0:37:56.960
<v Speaker 3>see all the good that you're doing in the world.

0:37:57.000 --> 0:38:00.880
<v Speaker 3>And I'm happy that other people now finally get to

0:38:00.920 --> 0:38:02.720
<v Speaker 3>see what I've been able to see for the last

0:38:03.040 --> 0:38:05.400
<v Speaker 3>eleven years that we've been working on this case together.

0:38:06.239 --> 0:38:09.000
<v Speaker 3>And I'm excited to see what comes in your future.

0:38:09.360 --> 0:38:11.200
<v Speaker 3>But also just a reminder that you can't do it

0:38:11.200 --> 0:38:13.440
<v Speaker 3>all in a day, because I know you're.

0:38:13.239 --> 0:38:18.399
<v Speaker 4>Trying well, So Jennifer I want to First, I want

0:38:18.400 --> 0:38:18.879
<v Speaker 4>to thank you.

0:38:19.239 --> 0:38:21.760
<v Speaker 2>I want to thank Cassie. I want to thank Morgan.

0:38:21.800 --> 0:38:23.960
<v Speaker 2>I want to thank Virginia. I want to thank Professor

0:38:24.080 --> 0:38:27.840
<v Speaker 2>Gatzi for you know, backing us, putting you in position

0:38:28.160 --> 0:38:31.400
<v Speaker 2>for taking the case, taking a huge burden off of

0:38:31.480 --> 0:38:35.880
<v Speaker 2>me and my family, you know. Thank you. Second, Jason,

0:38:35.920 --> 0:38:38.880
<v Speaker 2>you talked about going to the governor for a pardon

0:38:39.160 --> 0:38:42.279
<v Speaker 2>and helping in any way. You can thank you for that.

0:38:43.200 --> 0:38:46.840
<v Speaker 2>But I have two co defendants who are still incarcerated,

0:38:47.160 --> 0:38:51.799
<v Speaker 2>Benson Davis and John Edwards, And if we went to

0:38:51.840 --> 0:38:56.360
<v Speaker 2>the governor about anything, I would want the focus to

0:38:56.400 --> 0:39:00.319
<v Speaker 2>be them and their release because they're sitting in there

0:39:00.640 --> 0:39:03.400
<v Speaker 2>and poor boy days didn't come up like Lenny's and

0:39:03.520 --> 0:39:07.880
<v Speaker 2>ours did. They're still in there and they don't deserve

0:39:07.960 --> 0:39:12.520
<v Speaker 2>to be there, So any efforts in that area I

0:39:12.520 --> 0:39:15.120
<v Speaker 2>would love to be focused on them. I'm gonna be

0:39:15.160 --> 0:39:19.000
<v Speaker 2>all right, bro, I'm gonna be okay, you know what

0:39:19.000 --> 0:39:24.400
<v Speaker 2>I mean? With them, And if anybody out there has

0:39:24.800 --> 0:39:28.319
<v Speaker 2>any information, you know what a long shot this is

0:39:28.440 --> 0:39:32.840
<v Speaker 2>on a Wrongful Previction podcast. Who knows somebody might listen

0:39:32.880 --> 0:39:36.960
<v Speaker 2>to this and have some information about who really committed

0:39:37.000 --> 0:39:39.359
<v Speaker 2>the crimes. We think we know the truth, we think

0:39:39.400 --> 0:39:42.239
<v Speaker 2>we know who did it, but we need confirmation, we

0:39:42.280 --> 0:39:46.640
<v Speaker 2>need concrete evidence. So please contact my lawyer at the

0:39:46.680 --> 0:39:50.480
<v Speaker 2>Innocence Project, Jennifer. Please tell them your number or who

0:39:50.480 --> 0:39:54.840
<v Speaker 2>they can contact if you have any information, contact them

0:39:55.400 --> 0:39:58.000
<v Speaker 2>and let's get this over with so we can get

0:39:58.000 --> 0:40:01.680
<v Speaker 2>these men out of prison. Jennifer, Please please tell me.

0:40:01.719 --> 0:40:05.279
<v Speaker 3>Remember yeah, absolutely, the Ohio Innocence Project. You can reach

0:40:05.360 --> 0:40:08.960
<v Speaker 3>us here at five one three five five six zero

0:40:09.080 --> 0:40:13.400
<v Speaker 3>seven five to two. And I also wanted to just

0:40:13.520 --> 0:40:17.600
<v Speaker 3>add that the fact that you know you were given

0:40:17.640 --> 0:40:20.880
<v Speaker 3>the chance to say anything after Jason, and your first

0:40:20.920 --> 0:40:22.879
<v Speaker 3>thought is to think of your two co defendants who

0:40:22.880 --> 0:40:25.600
<v Speaker 3>are still in prison, I think tells everybody all they

0:40:25.640 --> 0:40:26.760
<v Speaker 3>need to know about your character.

0:40:27.560 --> 0:40:28.319
<v Speaker 2>Appreciate that.

0:40:35.480 --> 0:40:38.360
<v Speaker 1>Thank you for listening to Wrongful Conviction with Jason Flomm.

0:40:38.880 --> 0:40:41.880
<v Speaker 1>Please support your local innocence projects and go to the

0:40:41.920 --> 0:40:43.880
<v Speaker 1>link in our bio to see how you can help.

0:40:44.320 --> 0:40:47.920
<v Speaker 1>I'd like to thank our production team Connor Hall, Jeff Cliburn,

0:40:48.000 --> 0:40:51.240
<v Speaker 1>and Kevin Warnis. The music on the show, as always

0:40:51.360 --> 0:40:54.840
<v Speaker 1>is by three time OSCAR nominated composer Jay Ralph. Be

0:40:54.920 --> 0:40:58.160
<v Speaker 1>sure to follow us on Instagram at Wrongful Conviction and

0:40:58.239 --> 0:41:02.520
<v Speaker 1>on Facebook at Wrongful Conviction. Podcast. Wrongful Conviction with Jason

0:41:02.560 --> 0:41:05.000
<v Speaker 1>Flamm is a production of Lava for Good Podcasts in

0:41:05.080 --> 0:41:13.960
<v Speaker 1>association with Signal Company Number one