WEBVTT - #217 Jason Flom with Kevin Dykes

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<v Speaker 1>Since our initial release of Kevin Dykes's story, there have

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<v Speaker 1>been some new developments, and this is a re release

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<v Speaker 1>of that story with new content. As a child in

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<v Speaker 1>the late nineteen seventies, Kevin Dykes accidentally killed his best

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<v Speaker 1>friend when they were playing with a gun, sending him

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<v Speaker 1>to Juvie for involuntary manslaughter. When he got out, he

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<v Speaker 1>turned to petty drug dealing in Compton, California. Fast forward

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<v Speaker 1>to nineteen eighty six. After a terrible assault that led

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<v Speaker 1>to a four month hospital stint, Kevin continued peddling drugs

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<v Speaker 1>from his temporary wheelchair for two men named Slim and Hondo.

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<v Speaker 1>Kevin rented a bed and a trailer home in his

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<v Speaker 1>landlord's driveway, where Slim and Hondo occasionally hit weapons. That June,

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<v Speaker 1>two incidents occurred just days apart, resulting in one murder

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<v Speaker 1>and two attempted murders. The first during a party when

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<v Speaker 1>Kevin booted his friend Ephraim for being belligerently drunk. Slim

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<v Speaker 1>and Hondo followed he from stabbing him several times. A

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<v Speaker 1>neighborhood mother, Missus Bradley, came to Ephraim's aid, only to

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<v Speaker 1>get dabbed as well. Kevin intervened, jumping from his wheelchair

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<v Speaker 1>to stop the assault before it turned fatal. A few

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<v Speaker 1>days later, Slim and Hondo accused Kevin's friend Otis Perry

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<v Speaker 1>of stealing their gun from Kevin's trailer home, stabbing him

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<v Speaker 1>eighty one times. Unable to stop the murderous frenzy and

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<v Speaker 1>fearing for his own life, Kevin helped them clean up

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<v Speaker 1>before going to the police a few hours later. A

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<v Speaker 1>few days after that, Kevin was arrested for cocaine possession

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<v Speaker 1>and put into a special holding tank for state's witnesses.

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<v Speaker 1>Then three jailhouse snitches claimed that Kevin had confessed to

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<v Speaker 1>all three attacks in exchange for leniency in their own cases.

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<v Speaker 1>Kevin Dykes is serving life in prison on the word

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<v Speaker 1>of three notorious jailhouse snitches. This is wrongful conviction with Jason.

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<v Speaker 2>Flamm, this is Global taill Link.

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<v Speaker 3>You have a prepaid call from here an inmate at

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<v Speaker 3>the California State Prison, Los Angeles County, Lancaster, California. This

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<v Speaker 3>call and our telephone number will be monitored and recorded.

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<v Speaker 3>To accept this call, say or dial five now. Thank

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<v Speaker 3>you for using globaltaill link.

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<v Speaker 1>Welcome back to Wrawful Conviction with Jason Flomp Today. We

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<v Speaker 1>have an incredible story, so we're going to get right

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<v Speaker 1>into it, and I'm going to introduce you first to

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<v Speaker 1>Stephen K. Howser. He's a criminal defense attorney representing the

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<v Speaker 1>star of this episode, Kevin Dike. Stephen, Welcome to Wrongful Conviction.

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<v Speaker 4>Thank you, glad to be here.

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<v Speaker 1>And Kevin Dykes is on the phone with us from prison,

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<v Speaker 1>and I hope we'll be able to do something about

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<v Speaker 1>his situation because it is awful. Kevin. I'm sorry you're

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<v Speaker 1>here or where you are, but I'm happy you're here

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<v Speaker 1>with us today. So thank you for being here.

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<v Speaker 5>Thank you for the AVATORA.

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<v Speaker 1>This case goes back to Compton nineteen eighty six, and

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<v Speaker 1>it's got so much that you'll think I'm talking about

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<v Speaker 1>a movie script that would be too much to be believed,

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<v Speaker 1>except for it's real. It's got gangster's name Hondo and Slim.

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<v Speaker 1>It's got drugs, it's got snitches that ended up on

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<v Speaker 1>sixty minutes. It's got laws that changed and victims who

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<v Speaker 1>testified that this was not the guy who did it.

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<v Speaker 1>It's got a guy who's in prison for three and

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<v Speaker 1>a half decades with no evidence against him except the

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<v Speaker 1>testimony of jailhouse snitches who have recanted their testimony. It

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<v Speaker 1>is nuts, but it's true. So let's get right into it.

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<v Speaker 1>And Kevin, let's start with you going back to your

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<v Speaker 1>youth because you grew up in Compton, right, Yes, I grew.

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<v Speaker 5>Up got to pay at home in the pop Water Sport.

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<v Speaker 5>I actually had a real good of bringing in two.

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<v Speaker 5>I think it's actually saying I ended up actually killing

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<v Speaker 5>my best friend. I went for as randfather, and I will.

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<v Speaker 4>Sit to yas and for those of you who don't

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<v Speaker 4>know YA or CYA is the California Youth Authority.

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<v Speaker 1>As I understand it, your friend's death was entirely accidental,

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<v Speaker 1>just two kids who made a big mistake playing with

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<v Speaker 1>a gun. But they still sent your way to juvie

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<v Speaker 1>for involuntary manslaughter. And I also understand that you harbor

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<v Speaker 1>a lot of guilt about this, even though the family

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<v Speaker 1>forgave you.

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<v Speaker 5>Yes, this family, they stayed directly across the street from

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<v Speaker 5>my family. Even to the day, still feel on the

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<v Speaker 5>same street. Although the family had forgiven me, written me

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<v Speaker 5>letters will come to see me. When I got out,

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<v Speaker 5>I saw what I did to that family, and I

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<v Speaker 5>didn't know how to proster. Although my mother and my

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<v Speaker 5>father and my grandmother and all kinds of people were

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<v Speaker 5>trying to help me, I didn't know how to ask

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<v Speaker 5>for their help that I actually need. So I got

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<v Speaker 5>dig grig as little grid of the k.

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<v Speaker 1>So the guilt kind of derailed your potential, it seems.

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<v Speaker 1>And after Juvie, you start dealing drugs and looking outside

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<v Speaker 1>of what seemed like a supportive home for whatever it

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<v Speaker 1>was that you felt you needed, acceptance, identity, whatever, out

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<v Speaker 1>in the street. So fast forward to January nineteen eighty six.

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<v Speaker 1>Some other really bad stuff happens.

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<v Speaker 5>January eighteenth, so I to cheating them. They try to

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<v Speaker 5>cheat them in the front of my house. I follow them.

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<v Speaker 5>They ran me through a brick wall and both my

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<v Speaker 5>hit smashed my films. So I went at the hospital

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<v Speaker 5>January eighteenth, in dollarge of May twenties. When I got

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<v Speaker 5>out of the hospital, I was in a wheelchair and

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<v Speaker 5>I had a walker, and I was going to a therapy.

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<v Speaker 1>Yes, someone tried to kidnap Kevin, so you fought them off,

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<v Speaker 1>and they ended up hitting you with their car against

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<v Speaker 1>a brick wall, broke your hips. Snapped your pelvis and

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<v Speaker 1>put you in the hospital for four months. I mean,

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<v Speaker 1>you're lucky to even be alive. And we haven't even

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<v Speaker 1>gotten to the part that has you locked up right now. Okay,

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<v Speaker 1>so it's May nineteen eighty six. You're temporarily in this

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<v Speaker 1>wheelchair doing physical therapy and dealing drugs for these two

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<v Speaker 1>mid level management drug dealers named Slim and Hondo.

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<v Speaker 4>Slim and Hondo decided that they were going to take

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<v Speaker 4>over the local drug sales. I believe they helped Kevin

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<v Speaker 4>and some of his friends with small amounts of cocaine

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<v Speaker 4>to sell in the neighborhood, and they would periodically show

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<v Speaker 4>up and I guess resupply the local sellers, including Kevin

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<v Speaker 4>and Kevin.

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<v Speaker 1>You were renting a place to stay from a man

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<v Speaker 1>named mister Bryce. You were renting a bed in this

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<v Speaker 1>mobile home that sat in his driveway, right.

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<v Speaker 5>Yes, I was a fan and mister bright'shole. We had

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<v Speaker 5>a mobile hole over. They had like six days with

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<v Speaker 5>a shower and all that stuff inside. It was parked

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<v Speaker 5>in the driveway. Sometimes my friends, he's supposed to stay.

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<v Speaker 5>They had like six places well sleeping here, so all

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<v Speaker 5>this coming sleeping.

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<v Speaker 4>Here and Otis is Otis Perry who occasionally stayed at

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<v Speaker 4>mister Bryce's mobile home, and he's the one that was

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<v Speaker 4>eventually stabbed by slimon Hondo for taking the gun that

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<v Speaker 4>they had left in the trailer. The night that these

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<v Speaker 4>two attempted murders occurred outside a party at mister Bryce's house.

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<v Speaker 5>Yes, also, my cousin Pam was inside the mobile home.

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<v Speaker 5>I was inside the house where the party was there

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<v Speaker 5>when they're fighting when to fight after, So I didn't

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<v Speaker 5>know this was out there at the time. Donald Slip

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<v Speaker 5>pulls up. They knew mister Bryce didn't allow gus in

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<v Speaker 5>his house, but they he had a gun in the

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<v Speaker 5>mobile home. Well, my cousin in OSTs, but I still

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<v Speaker 5>didn't know nothing about that at that time.

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<v Speaker 1>Okay, so now the stage is finally set for these

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<v Speaker 1>crimes to take place. This is we're talking June nineteenth,

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<v Speaker 1>nineteen eighty six. There's a little party going on at

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<v Speaker 1>mister Bryce's. Your friend Otis and your cousin Pam are

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<v Speaker 1>in the mobile home in the driveway. Slim and Hondo,

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<v Speaker 1>your bosses, come to hang out, but out of respect

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<v Speaker 1>for mister Bryce, they leave their gun in the mobile home.

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<v Speaker 1>Then your friend Ephraim is at the party and he

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<v Speaker 1>is drunk, to say the least.

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<v Speaker 5>Wellm is my older homeboy. He was young, beinglligerate and

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<v Speaker 5>uh messing with the females. I was up in there,

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<v Speaker 5>grabbing streaks that didn't belong to him, and I said,

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<v Speaker 5>the man, go down to the pool man, keep back.

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<v Speaker 5>I got and he kept home. So I got pissed

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<v Speaker 5>off and I hate him once and when I hate him,

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<v Speaker 5>Hondo slim. Both of them attacked him because of them,

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<v Speaker 5>here's what they see it, he said. I didn't understand

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<v Speaker 5>why did they get involved in there? Here's what they

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<v Speaker 5>see because I should barely walk. They people were taking

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<v Speaker 5>advantage of my disability.

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<v Speaker 1>Oh okay, so your drug bosses are sticking up for you.

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<v Speaker 1>But then they go way beyond what you would ever

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<v Speaker 1>want them to do.

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<v Speaker 6>Yeah.

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<v Speaker 5>So once I stuck both of them attacking, I got

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<v Speaker 5>them to stop, told East leave. He left, and then

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<v Speaker 5>they chased him down the street. They caught him at

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<v Speaker 5>the end of the corner. Once I got down there,

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<v Speaker 5>I saw that they were actually stabbing. When I Hando

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<v Speaker 5>leaving along Hando, he little stup and saw me. But

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<v Speaker 5>when he saw me, he saw Miss Bradley behind me.

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<v Speaker 5>Miss Bradley is my older almost mother. When she looked

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<v Speaker 5>up and saw that it was her son, she tried

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<v Speaker 5>to turn it run. He ran her down, grabbed her

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<v Speaker 5>by her address, and started stabbing her. I hopped my

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<v Speaker 5>way to him and grabbed him to get him off

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<v Speaker 5>of her, and once I was holdingly, she got loose,

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<v Speaker 5>which gave you some time to get up, and then

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<v Speaker 5>I got to convinced him to get into the car

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<v Speaker 5>and drove them off. I drove off to a motel,

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<v Speaker 5>and then I came back to check on Eathelm and

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<v Speaker 5>Miss Bradley. But the hammer has already came when it

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<v Speaker 5>was the hospital.

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<v Speaker 1>So you basically saved Missus Bradley and Ephraim from being

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<v Speaker 1>murdered by Slim and Hondo by convincing them to stop

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<v Speaker 1>stabbing them and drive away from the scene. But this

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<v Speaker 1>incident on June nineteenth is what becomes two charges of

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<v Speaker 1>attempted murder that gets stuck on you. The guy confined

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<v Speaker 1>to a wheelchair at the time. Yeah, okay, So Slim

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<v Speaker 1>and Hondo stabbed both Ephraim and Missus Bradley. You drove

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<v Speaker 1>them to a motel at some point your friend Otis

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<v Speaker 1>back at the mobile home, takes the gun Slim and

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<v Speaker 1>Hondo had left behind. Not too smart, by the way,

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<v Speaker 1>because Slim and Hondo knew who was in the mobile

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<v Speaker 1>home when they stashed it in the first place. So

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<v Speaker 1>they come looking for Otis on June twenty third.

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<v Speaker 5>June twenty thirty overs looking for Otis, like Wilson in

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<v Speaker 5>the morning, they should come outside. I'm going to go

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<v Speaker 5>to your oldest. I didn't know ODIs was out here

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<v Speaker 5>in the motor hole. So when I went out to

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<v Speaker 5>the front yard going to the motor opened, older stepped out.

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<v Speaker 5>Hanolds cacked ODIs, say may with my gun? He said,

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<v Speaker 5>we can go get it. He said, too late, and

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<v Speaker 5>then cashing. They started fighting. ODIs was fighting back, but

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<v Speaker 5>they were fighting him from the side of the mother hole.

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<v Speaker 5>He went around the garage and that was the first

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<v Speaker 5>time I saw him being stabbed. And I came back

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<v Speaker 5>from around there. I wasn't naming the run or whatever,

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<v Speaker 5>so didn't say nothing and just listening to everything that

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<v Speaker 5>was going on. And I don't know how the much

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<v Speaker 5>time passed, but then Honolds came from around there and

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<v Speaker 5>there was no more noise. I was wondering them. Okay,

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<v Speaker 5>now what he said, uh w what something? You got something?

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<v Speaker 5>Rec me? And then I gave him my blanket, so

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<v Speaker 5>him a swim, went behind the bath and wrapped him up,

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<v Speaker 5>drugged him out and put him in the car. And

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<v Speaker 5>then instead of human slim boy, he said, you Slim,

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<v Speaker 5>you stay here watching out all the blood that was

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<v Speaker 5>coming from behind the mother hole, and showed me to

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<v Speaker 5>get in the car and ride with him. So I

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<v Speaker 5>took him over through my Olmos neighborhood by the canil,

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<v Speaker 5>and that's where he jumped in and I say, look,

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<v Speaker 5>I'll be back. I left it the other same day.

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<v Speaker 1>And what would you tell anyone listening now who's wondering

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<v Speaker 1>why you played any part in getting rid of the

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<v Speaker 1>body with Slim and Hondo.

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<v Speaker 5>I did with any reasonable person not trying to die,

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<v Speaker 5>I would have done hadn't seen what I saw. I

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<v Speaker 5>knew I gotta do something that made myself a part

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<v Speaker 5>of what's going on, and I wasn't physically able to

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<v Speaker 5>do nothing to prevent myself from being killed and impressed it.

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<v Speaker 5>That was the smartest thing that I could have done

0:12:38.720 --> 0:12:42.280
<v Speaker 5>at the time for myself instead of doing nothing.

0:12:42.960 --> 0:12:45.800
<v Speaker 1>If you had done nothing at all. What do you

0:12:46.000 --> 0:12:47.760
<v Speaker 1>think Slim and Hondo would have done?

0:12:48.400 --> 0:12:50.439
<v Speaker 5>I was a little bit too afraid to find out.

0:12:51.520 --> 0:12:54.640
<v Speaker 5>I was in a position where something happened to my

0:12:54.880 --> 0:12:59.079
<v Speaker 5>friend and hand me. You know where I stood, and

0:12:59.240 --> 0:13:02.880
<v Speaker 5>I did what I'm day to do for morsel. They're

0:13:02.920 --> 0:13:04.040
<v Speaker 5>not too forward.

0:13:05.320 --> 0:13:05.400
<v Speaker 7>Now.

0:13:15.920 --> 0:13:20.200
<v Speaker 1>This episode is underwritten by Paul Weiss Rifkin, Porton and Garrison,

0:13:20.400 --> 0:13:23.920
<v Speaker 1>a leading international law firm. Paul Weiss has long had

0:13:23.960 --> 0:13:28.200
<v Speaker 1>an unwavering commitment to providing impactful, pro bono legal assistance

0:13:28.280 --> 0:13:30.760
<v Speaker 1>to the most vulnerable members of our society and in

0:13:30.840 --> 0:13:34.599
<v Speaker 1>support of the public interest, including extensive work in the

0:13:34.640 --> 0:13:47.599
<v Speaker 1>criminal justice area. Otis's murder eventually gets pinned on you,

0:13:48.559 --> 0:13:51.360
<v Speaker 1>the guy who was only able to watch or listen

0:13:51.520 --> 0:13:55.240
<v Speaker 1>helplessly as your friend got stabbed to death, and then,

0:13:56.360 --> 0:13:59.520
<v Speaker 1>in order to save your own life, you did would

0:13:59.559 --> 0:14:01.439
<v Speaker 1>probably some of us would have done. You played along

0:14:01.520 --> 0:14:04.559
<v Speaker 1>with Slim and Hondo until you could get away. I

0:14:04.640 --> 0:14:07.880
<v Speaker 1>would not want to have been in your shoes at

0:14:07.920 --> 0:14:11.719
<v Speaker 1>that point. You just lost your brand. Otis. You had

0:14:11.760 --> 0:14:14.719
<v Speaker 1>to contend with the question of to snitch or not

0:14:14.920 --> 0:14:17.679
<v Speaker 1>to snitch on like a Sophie's choice. On these two

0:14:17.840 --> 0:14:18.920
<v Speaker 1>murderous drug dealers.

0:14:19.200 --> 0:14:22.000
<v Speaker 5>And that's when I was trying to process whatever it

0:14:22.360 --> 0:14:25.880
<v Speaker 5>just happened to show. Six thirty seven o'clock in the morning,

0:14:26.400 --> 0:14:29.480
<v Speaker 5>that's when I saw the police. I told that I

0:14:29.560 --> 0:14:32.120
<v Speaker 5>knew where that was. One always said come over here,

0:14:32.120 --> 0:14:34.120
<v Speaker 5>and look they moved it blanket. I knew it was.

0:14:34.720 --> 0:14:37.280
<v Speaker 5>I said, I know where he lives, to the little

0:14:37.320 --> 0:14:40.640
<v Speaker 5>mother's house. And then when we came back to the scene,

0:14:40.760 --> 0:14:42.840
<v Speaker 5>I asked my saying, look if I had any information,

0:14:43.760 --> 0:14:45.880
<v Speaker 5>talk on my contract, and he gave me his car.

0:14:47.040 --> 0:14:50.480
<v Speaker 5>I took your car, rode miles two whiles and I

0:14:50.520 --> 0:14:53.440
<v Speaker 5>went to the phone booth and then I called the police.

0:14:53.480 --> 0:14:55.760
<v Speaker 5>She lived, and I told everything the thing he knew

0:14:56.080 --> 0:14:57.600
<v Speaker 5>and told him while I was at they came and

0:14:57.680 --> 0:15:03.880
<v Speaker 5>picked me up, took me out to the station. They

0:15:03.960 --> 0:15:05.560
<v Speaker 5>let me go back home.

0:15:06.680 --> 0:15:09.680
<v Speaker 1>So you made a statement to a sergeant, Sergeant Preston,

0:15:10.200 --> 0:15:12.720
<v Speaker 1>and you're going to be a witness, and Steve, maybe

0:15:12.840 --> 0:15:14.960
<v Speaker 1>you can tell us about the next part of the story,

0:15:15.000 --> 0:15:17.760
<v Speaker 1>which is how Kevin was picked up for cocaine possession.

0:15:17.880 --> 0:15:22.200
<v Speaker 1>Sometime later, and while in the state's witness holding area

0:15:22.280 --> 0:15:26.880
<v Speaker 1>of La County Jail, he eventually meets three guys who

0:15:27.040 --> 0:15:30.760
<v Speaker 1>are responsible for him being in this horrible predicament today.

0:15:31.160 --> 0:15:34.240
<v Speaker 4>What happened was Kevin got arrested for a possession of

0:15:34.400 --> 0:15:38.000
<v Speaker 4>cocaine charge and because he was the main witness against

0:15:38.040 --> 0:15:41.400
<v Speaker 4>Slim and Hondo on a murder case, they put him

0:15:41.840 --> 0:15:46.400
<v Speaker 4>in with other prosecution witnesses and it's commonly called the

0:15:46.520 --> 0:15:50.720
<v Speaker 4>snitch Tank, which is a separate jail from the men's

0:15:50.800 --> 0:15:54.880
<v Speaker 4>central jail. And while Kevin was in there, he told

0:15:55.000 --> 0:15:59.760
<v Speaker 4>his cellmate to Willie Battle and the guy that was

0:16:00.040 --> 0:16:04.320
<v Speaker 4>and the next sel over, Jesse Williams. He told them

0:16:04.400 --> 0:16:07.920
<v Speaker 4>what actually happened because they asked, and that's very common

0:16:07.960 --> 0:16:11.320
<v Speaker 4>in jail, what are he in for? And they exchanged information,

0:16:11.480 --> 0:16:14.520
<v Speaker 4>but this time it only came from Kevin. He told

0:16:14.560 --> 0:16:18.640
<v Speaker 4>them what happened, and they twisted it around and ran

0:16:18.760 --> 0:16:22.280
<v Speaker 4>with it. And then they called the Compton Police Department

0:16:22.440 --> 0:16:25.080
<v Speaker 4>and asked them if they had a murder case where

0:16:25.200 --> 0:16:27.960
<v Speaker 4>the body was found by a canal. They called it

0:16:28.080 --> 0:16:31.720
<v Speaker 4>a canal, it's really a drainage ditch. And they put

0:16:31.800 --> 0:16:35.560
<v Speaker 4>him in contact with Detective Marvin Branscombe, who was not

0:16:35.840 --> 0:16:39.520
<v Speaker 4>Sergeant Preston, who Kevin gave the statement to and they

0:16:39.800 --> 0:16:43.040
<v Speaker 4>convinced Branscomb that what they had to say was true,

0:16:43.200 --> 0:16:47.280
<v Speaker 4>which they said that Kevin confessed to these tempting murders

0:16:47.320 --> 0:16:47.760
<v Speaker 4>and murder.

0:16:48.760 --> 0:16:50.800
<v Speaker 5>They say, we got a guy out of here bragging

0:16:50.840 --> 0:16:54.960
<v Speaker 5>about chilling his guy and sad with lady telling big time,

0:16:55.080 --> 0:16:57.800
<v Speaker 5>don't kill it. So I end up going from being

0:16:57.960 --> 0:17:01.520
<v Speaker 5>the actual witness now mean that actual killer.

0:17:02.600 --> 0:17:06.200
<v Speaker 4>So Kevin became a defendant instead of the prosecution witness.

0:17:06.560 --> 0:17:08.359
<v Speaker 4>And they moved him out of the snitch tank to

0:17:08.400 --> 0:17:11.639
<v Speaker 4>another part of the jail. So Kevin's transferred over to

0:17:12.040 --> 0:17:15.679
<v Speaker 4>the central jail, and then he met a very notorious

0:17:15.720 --> 0:17:18.879
<v Speaker 4>snitch named Leslie White. And I get a call from

0:17:19.000 --> 0:17:23.160
<v Speaker 4>Leslie White. I'd never heard of Leslie White. Leslie White says,

0:17:23.240 --> 0:17:28.679
<v Speaker 4>I understand you're defending Kevin Dykes and that he has

0:17:28.840 --> 0:17:32.400
<v Speaker 4>been ratted out by two snitches. And I said that's

0:17:32.480 --> 0:17:35.840
<v Speaker 4>exactly right. He says, well, I can help you. You

0:17:35.960 --> 0:17:38.239
<v Speaker 4>come down here and I'm going to tell you all

0:17:38.320 --> 0:17:42.440
<v Speaker 4>about the snitch system and how it works. Okay, So

0:17:42.880 --> 0:17:45.119
<v Speaker 4>I go down to the jail. I talked to Leslie White.

0:17:45.640 --> 0:17:48.600
<v Speaker 4>He tells me about how inmates get a hold of

0:17:49.040 --> 0:17:54.480
<v Speaker 4>paperwork and change facts and get a hold of the

0:17:54.680 --> 0:17:59.280
<v Speaker 4>detective or DA that's handling a particular murder case. And

0:17:59.760 --> 0:18:04.080
<v Speaker 4>because they know these unique facts, they can convince the

0:18:04.280 --> 0:18:07.760
<v Speaker 4>detective or district attorney that's handling the case that this

0:18:08.240 --> 0:18:11.119
<v Speaker 4>confession was a valid confession. So I said, well, that

0:18:11.280 --> 0:18:13.320
<v Speaker 4>sounds good, Okay, I'll put you on the witness list,

0:18:13.440 --> 0:18:18.200
<v Speaker 4>mister White. So about a week or two later, I

0:18:18.280 --> 0:18:22.040
<v Speaker 4>get the witness list from the district attorney and Leslie

0:18:22.080 --> 0:18:25.879
<v Speaker 4>White is on there as a people's witness. And not

0:18:26.000 --> 0:18:29.320
<v Speaker 4>only that, I get a report that says that Kevin

0:18:29.600 --> 0:18:35.159
<v Speaker 4>Dyke's confessed to Leslie White. And I'm flabbergasted because I

0:18:35.320 --> 0:18:37.879
<v Speaker 4>just talked to Leslie White and he was going to

0:18:37.880 --> 0:18:40.680
<v Speaker 4>be a witness for Kevin. So I go down to

0:18:40.760 --> 0:18:44.200
<v Speaker 4>the jail and I call out Leslie White and he's

0:18:44.280 --> 0:18:46.040
<v Speaker 4>willing to come and talk to me, and I said,

0:18:46.760 --> 0:18:49.080
<v Speaker 4>what do you are? You a witness for the prosecution?

0:18:49.280 --> 0:18:52.760
<v Speaker 4>Now he says yep. I said, well, you know that

0:18:52.880 --> 0:18:54.720
<v Speaker 4>Kevin's innocent. Why are you doing what?

0:18:55.640 --> 0:18:56.399
<v Speaker 5>How can you do that?

0:18:57.200 --> 0:18:59.879
<v Speaker 4>And he says, well, man's got to do what he

0:19:00.160 --> 0:19:02.320
<v Speaker 4>got to do. That's what he said.

0:19:03.480 --> 0:19:05.840
<v Speaker 1>I gotta be honest. My head is spinning. And I

0:19:05.880 --> 0:19:08.600
<v Speaker 1>didn't even live through this. I mean, this is Kevin.

0:19:08.640 --> 0:19:11.240
<v Speaker 1>I mean, I'm so sorry that you're living this is that,

0:19:11.440 --> 0:19:13.160
<v Speaker 1>this is your life we're talking about.

0:19:13.920 --> 0:19:17.879
<v Speaker 5>I didn't actually believe that what was going on was

0:19:18.080 --> 0:19:21.280
<v Speaker 5>even possible. I didn't think that this sub would hold.

0:19:22.520 --> 0:19:25.800
<v Speaker 5>I'm like, what old, I am an actual eye witness.

0:19:26.720 --> 0:19:29.080
<v Speaker 5>These guys they don't know nothing about where illy, but

0:19:29.200 --> 0:19:32.399
<v Speaker 5>nothing about what actually happened. So I didn't really believe

0:19:32.760 --> 0:19:34.600
<v Speaker 5>the people could do what they were what they were

0:19:34.640 --> 0:19:37.159
<v Speaker 5>doing to me. I had never even heard about that before.

0:19:37.640 --> 0:19:40.080
<v Speaker 1>I mean, this is this is like nothing. I don't

0:19:40.080 --> 0:19:43.320
<v Speaker 1>think we've ever heard a story like this before. So Steven,

0:19:43.359 --> 0:19:44.160
<v Speaker 1>what happens next?

0:19:45.000 --> 0:19:48.359
<v Speaker 4>When we got to court, all they had was his

0:19:48.720 --> 0:19:54.000
<v Speaker 4>statement to Sergeant Preston and three snitches, and I couldn't

0:19:54.080 --> 0:19:58.520
<v Speaker 4>believe that they would even want to proceed with this evidence,

0:19:59.160 --> 0:20:03.200
<v Speaker 4>but they did, And just before the verdict was issued,

0:20:03.280 --> 0:20:05.400
<v Speaker 4>I told Kevin, I said, now, Kevin, when you get

0:20:05.440 --> 0:20:07.920
<v Speaker 4>out of here, you've got to change your ways, be

0:20:08.040 --> 0:20:11.440
<v Speaker 4>a law abiding citizen and then used to society and

0:20:11.560 --> 0:20:13.800
<v Speaker 4>he said, yeah, came mister Houser, I'm going to do that,

0:20:14.680 --> 0:20:19.400
<v Speaker 4>came back guilty. We were both floored.

0:20:20.320 --> 0:20:22.600
<v Speaker 1>You were sentenced to twenty four years to life. Here

0:20:22.640 --> 0:20:25.800
<v Speaker 1>it is now twenty twenty. You're still in Could you

0:20:25.960 --> 0:20:28.960
<v Speaker 1>just take us back there, put us in that courtroom

0:20:29.000 --> 0:20:29.639
<v Speaker 1>with you, if you can.

0:20:30.800 --> 0:20:35.679
<v Speaker 5>I actually could not believe the verdant. Yeah. I actually

0:20:35.680 --> 0:20:40.200
<v Speaker 5>didn't a crying. I just see how it was possible. Yeah,

0:20:40.200 --> 0:20:44.200
<v Speaker 5>I was after I witness, I came for I gave

0:20:44.520 --> 0:20:48.359
<v Speaker 5>everything they needed, all evidence to call the weapons. The

0:20:48.520 --> 0:20:54.080
<v Speaker 5>people from testify that I didn't attacking. People will stand

0:20:54.200 --> 0:20:58.040
<v Speaker 5>like thirty three times and he test fighted I didn't attacking,

0:20:58.480 --> 0:21:01.960
<v Speaker 5>and it test five that I didn't attack Ms Brandy,

0:21:02.160 --> 0:21:06.159
<v Speaker 5>that was my friend mother. There was nobody here to

0:21:06.359 --> 0:21:07.840
<v Speaker 5>stay out, okay, anybody.

0:21:08.040 --> 0:21:12.320
<v Speaker 1>But and this is something I really need to highlight here,

0:21:12.400 --> 0:21:15.320
<v Speaker 1>which is that if you go in a jury box

0:21:15.520 --> 0:21:18.480
<v Speaker 1>and you're presented with a case where someone's life is

0:21:18.560 --> 0:21:21.159
<v Speaker 1>hanging into balance, just like Kevin's was, and there's no

0:21:21.520 --> 0:21:25.119
<v Speaker 1>evidence connecting that person's at a crime except for the

0:21:25.280 --> 0:21:30.520
<v Speaker 1>testimony of a snitch, you cannot vote to convict because

0:21:30.640 --> 0:21:34.320
<v Speaker 1>it's crazy. I mean, these are people who are clearly incentivized.

0:21:34.320 --> 0:21:35.639
<v Speaker 1>They may not tell you that at the time. But

0:21:35.720 --> 0:21:38.720
<v Speaker 1>you have to understand that the defense can never bribe

0:21:38.720 --> 0:21:40.800
<v Speaker 1>a witness. That's it. That's a crime punishable by long

0:21:40.880 --> 0:21:43.880
<v Speaker 1>time in jail. But the government can make a deal

0:21:43.960 --> 0:21:47.680
<v Speaker 1>with a snitch to reduce their charges or drop their

0:21:47.800 --> 0:21:51.119
<v Speaker 1>charges in exchange for testimony. And that is the best

0:21:51.760 --> 0:21:56.639
<v Speaker 1>bribe of all. So it's the most unreliable testimony imaginable.

0:21:56.680 --> 0:21:59.880
<v Speaker 1>And here you have a case where the direct evidence

0:22:00.119 --> 0:22:04.320
<v Speaker 1>contradicts what the Niches were saying. The evidence showed that

0:22:04.560 --> 0:22:08.840
<v Speaker 1>Kevin could not have committed this crime, and yet he

0:22:09.040 --> 0:22:12.200
<v Speaker 1>ends up getting convicted on the testimony of people who

0:22:12.680 --> 0:22:15.960
<v Speaker 1>were notoriously untrustworthy and were it sent device to lie

0:22:16.119 --> 0:22:16.920
<v Speaker 1>mister Alvan.

0:22:16.760 --> 0:22:20.520
<v Speaker 5>Frown evidence where they get apartments, they say, oh, he's

0:22:20.560 --> 0:22:24.119
<v Speaker 5>bet in my family, So the government gives him money

0:22:24.240 --> 0:22:28.240
<v Speaker 5>to relocate them movement apartments. All of them ended up

0:22:28.280 --> 0:22:32.400
<v Speaker 5>getting reduced to Leslie White ended up getting out at

0:22:32.520 --> 0:22:34.240
<v Speaker 5>such five and gives me, I don't know if you

0:22:34.240 --> 0:22:38.400
<v Speaker 5>remember this one thousands He came right back any threatened

0:22:38.480 --> 0:22:41.800
<v Speaker 5>the Asian attorney. If you don't bake me back out,

0:22:42.080 --> 0:22:43.679
<v Speaker 5>I'm gonna blow his whole case up.

0:22:43.880 --> 0:22:48.200
<v Speaker 4>You remember what happened was Leslie White then went on

0:22:48.359 --> 0:22:51.200
<v Speaker 4>sixty minutes when he was back in again in the jail,

0:22:52.000 --> 0:22:56.359
<v Speaker 4>and he showed on camera how he could work his

0:22:56.560 --> 0:23:01.600
<v Speaker 4>magic and get favors from DA. And then when I

0:23:01.720 --> 0:23:04.359
<v Speaker 4>saw that, I went down and talked to Leslie White.

0:23:05.000 --> 0:23:07.440
<v Speaker 4>I said, well, now I know for sure you lied

0:23:07.480 --> 0:23:10.000
<v Speaker 4>in Kevin's case, and he says, yeah, I did. And

0:23:10.160 --> 0:23:12.480
<v Speaker 4>I said, well, I want you to sign an affidavit

0:23:13.440 --> 0:23:15.920
<v Speaker 4>that you lied in Kevin's case because Kevin deserves a

0:23:16.000 --> 0:23:21.520
<v Speaker 4>new trial. And so sure enough he signed it. But

0:23:21.760 --> 0:23:25.720
<v Speaker 4>instead of giving Kevin a new trial, the DA indicted him.

0:23:25.960 --> 0:23:29.200
<v Speaker 4>Leslie White with a grand jury, had me come in

0:23:29.320 --> 0:23:33.200
<v Speaker 4>and testify, and they gave Leslie White four years for perjury.

0:23:33.920 --> 0:23:38.680
<v Speaker 4>They gave Kevin Dykes nothing. And that's where it sat.

0:23:39.160 --> 0:23:41.440
<v Speaker 4>It's all so backwards and upside down.

0:23:41.560 --> 0:23:44.120
<v Speaker 1>And of course, you know, we have two more characters

0:23:44.160 --> 0:23:46.639
<v Speaker 1>that are coming up, with Gigi Gordon, who's on the

0:23:46.720 --> 0:23:49.440
<v Speaker 1>right side of this story, and Willie Battles. We can't

0:23:49.480 --> 0:23:50.000
<v Speaker 1>leave him out.

0:23:50.240 --> 0:23:55.440
<v Speaker 4>Yeah, when this snitch system came out, thanks to Leslie White,

0:23:55.480 --> 0:23:58.240
<v Speaker 4>believe it or not, Gigi Gordon was appointed. She's a

0:23:58.359 --> 0:24:02.359
<v Speaker 4>defense lawyer see now, but she was a criminal defense

0:24:02.480 --> 0:24:06.400
<v Speaker 4>lawyer friend of mine, and Jesi Gordon was appointed by

0:24:06.760 --> 0:24:11.280
<v Speaker 4>i think the Supreme Court to do an independent investigation

0:24:12.240 --> 0:24:15.320
<v Speaker 4>on all of the snitch cases to see if justice

0:24:15.440 --> 0:24:19.800
<v Speaker 4>was done. And she spent over a year on this project,

0:24:19.880 --> 0:24:23.639
<v Speaker 4>being paid by the state of California. And as a

0:24:23.680 --> 0:24:28.480
<v Speaker 4>result of Jiji Gordon's research and investigation, a law was

0:24:28.560 --> 0:24:35.080
<v Speaker 4>introduced in the legislature to require corroboration if snitch testimony

0:24:35.200 --> 0:24:36.399
<v Speaker 4>is going to be used in a case.

0:24:36.880 --> 0:24:40.159
<v Speaker 1>And that happened, but they didn't do it retroactively. Am

0:24:40.160 --> 0:24:43.000
<v Speaker 1>I getting that right? Because it always drives me nuts

0:24:43.400 --> 0:24:45.280
<v Speaker 1>when we change a law in this country and we

0:24:45.320 --> 0:24:46.520
<v Speaker 1>don't do it retroactively.

0:24:46.640 --> 0:24:49.000
<v Speaker 4>How could it be different now than it was before.

0:24:49.600 --> 0:24:52.159
<v Speaker 4>It doesn't make sense. Didn't make any sense to me.

0:24:52.480 --> 0:24:55.440
<v Speaker 4>That's why I appealed it. We went to the Pellate

0:24:55.480 --> 0:25:00.840
<v Speaker 4>Court in California, then the Supreme Court. Actually, when we

0:25:00.920 --> 0:25:03.160
<v Speaker 4>went to the Supreme Court the first time, the law

0:25:03.200 --> 0:25:05.720
<v Speaker 4>had not been changed yet. But then we went back

0:25:05.760 --> 0:25:08.760
<v Speaker 4>to the Supreme Court on another issue and the law

0:25:08.880 --> 0:25:13.080
<v Speaker 4>had been changed. And in federal court the judge actually

0:25:13.240 --> 0:25:17.720
<v Speaker 4>said that Kevin might be innocent, but there's nothing I

0:25:17.800 --> 0:25:21.399
<v Speaker 4>can do because this law is not retroactive or something

0:25:21.440 --> 0:25:25.000
<v Speaker 4>to that effect. And I just thought that that was

0:25:25.040 --> 0:25:29.240
<v Speaker 4>the most unjust result I've ever had in my whole career.

0:25:30.640 --> 0:25:32.359
<v Speaker 1>Still is wow.

0:25:33.359 --> 0:25:37.679
<v Speaker 4>And so if Kevin's case were tried now, they wouldn't

0:25:37.680 --> 0:25:41.920
<v Speaker 4>have any evidence against him because the only incriminating evidence

0:25:42.720 --> 0:25:44.080
<v Speaker 4>was from the snitch testimony.

0:25:44.400 --> 0:25:48.000
<v Speaker 1>If Kevin's case were to be tried now, they would

0:25:48.040 --> 0:25:53.440
<v Speaker 1>have no evidence against him. And yet it's thirty four

0:25:53.760 --> 0:25:57.840
<v Speaker 1>years later and he's I can't this is nuts.

0:25:58.920 --> 0:26:01.840
<v Speaker 4>I went to the district attorney with that very argument.

0:26:02.560 --> 0:26:05.200
<v Speaker 4>With each new district attorney that came in, I would

0:26:05.240 --> 0:26:08.919
<v Speaker 4>go talk to him, and they told me that because

0:26:08.960 --> 0:26:13.080
<v Speaker 4>of his statement admitting what he did pretending to go

0:26:13.200 --> 0:26:17.320
<v Speaker 4>along with what Islam and Honda were doing, because of

0:26:17.400 --> 0:26:21.040
<v Speaker 4>that statement, that made him guilty. And they said, sorry,

0:26:22.040 --> 0:26:25.280
<v Speaker 4>you have to present new evidence to us before we're

0:26:25.359 --> 0:26:29.320
<v Speaker 4>going to recommend anything for Kevin. And I said, what's

0:26:29.320 --> 0:26:32.640
<v Speaker 4>the matter with these confessions by these snitches, that's new

0:26:32.680 --> 0:26:36.200
<v Speaker 4>evidence at least since the trial. Two out of three

0:26:36.600 --> 0:26:40.600
<v Speaker 4>Leslie White signed an affidavit that sent him put himself

0:26:40.640 --> 0:26:45.840
<v Speaker 4>in prison, and Jesse Williams signed a letter saying that

0:26:45.960 --> 0:26:49.200
<v Speaker 4>he lied in Kevin's case. He said, no, we want

0:26:49.320 --> 0:26:52.680
<v Speaker 4>some more than that. Plus you've got one snitch that

0:26:52.920 --> 0:26:55.920
<v Speaker 4>you don't have, you know, retraction from Willy Battle. We

0:26:56.040 --> 0:26:59.000
<v Speaker 4>never had a retraction from him, and Willy Battle I

0:26:59.119 --> 0:27:04.440
<v Speaker 4>tried to find but he's probably dead. So that's where

0:27:04.480 --> 0:27:04.840
<v Speaker 4>we sit.

0:27:06.160 --> 0:27:09.560
<v Speaker 1>And what is the outlook now, I mean, is there

0:27:09.560 --> 0:27:10.040
<v Speaker 1>a hope?

0:27:10.320 --> 0:27:14.119
<v Speaker 4>I think Kevin has two hopes, parole and with a

0:27:14.200 --> 0:27:17.840
<v Speaker 4>new DA. I thought Jackie Lacy was very progressive and

0:27:18.000 --> 0:27:20.840
<v Speaker 4>I had high hopes for Kevin when she put together

0:27:21.760 --> 0:27:27.720
<v Speaker 4>her Internal Innocent project and I met with what I

0:27:27.840 --> 0:27:32.160
<v Speaker 4>thought was a very ethical, fine lawyer, and I got

0:27:32.200 --> 0:27:37.040
<v Speaker 4>a very unfavorable result. And I asked him during that hearing,

0:27:37.119 --> 0:27:39.480
<v Speaker 4>I said, you know, as a human being, you know,

0:27:40.240 --> 0:27:46.639
<v Speaker 4>do you really think that Kevin Dykes was convicted properly fairly?

0:27:47.320 --> 0:27:50.600
<v Speaker 4>He wouldn't answer. He wouldn't give me an answer.

0:28:05.119 --> 0:28:07.560
<v Speaker 1>Nearly a year has gone by since we originally released

0:28:07.600 --> 0:28:11.440
<v Speaker 1>this episode in September twenty twenty, and shortly thereafter in

0:28:11.720 --> 0:28:15.800
<v Speaker 1>La County, George Gascon was elected DA. And Steve, last

0:28:15.960 --> 0:28:17.880
<v Speaker 1>time we spoke, you said that one of the only

0:28:18.040 --> 0:28:21.360
<v Speaker 1>avenues left for a leaf for Kevin was that very

0:28:21.480 --> 0:28:25.879
<v Speaker 1>election victory. So you must have been really excited when

0:28:25.920 --> 0:28:29.120
<v Speaker 1>it became clear that Jackie Lacy was on her way

0:28:29.160 --> 0:28:31.880
<v Speaker 1>out and George Gascon was on his way in. I'm

0:28:31.960 --> 0:28:35.560
<v Speaker 1>imagining you must have jumped right into action on the

0:28:35.880 --> 0:28:38.480
<v Speaker 1>first business day of twenty twenty one, that.

0:28:38.640 --> 0:28:42.120
<v Speaker 4>Is correct, on January fourth, twenty twenty one, I sent

0:28:42.280 --> 0:28:46.400
<v Speaker 4>a letter to George Gascon the New DA alerting him

0:28:46.440 --> 0:28:52.040
<v Speaker 4>to Kevin's situation, and I was contacted shortly thereafter by

0:28:52.120 --> 0:28:56.280
<v Speaker 4>a deputy in his conviction integrity unit. She said that

0:28:56.640 --> 0:29:00.600
<v Speaker 4>she had reviewed the case and she agreed with the

0:29:01.200 --> 0:29:05.520
<v Speaker 4>former head of their integrity unit under Jackie Lacy that

0:29:06.000 --> 0:29:09.960
<v Speaker 4>taking out all of the snitch testimony and just focusing

0:29:10.080 --> 0:29:14.320
<v Speaker 4>in on Kevin's statement both to the police and what

0:29:14.440 --> 0:29:17.640
<v Speaker 4>he testified to a trial, which were both consistent, that

0:29:17.960 --> 0:29:20.840
<v Speaker 4>she felt that he was guilty because of what he

0:29:21.000 --> 0:29:23.720
<v Speaker 4>said he shared in the criminal intent to kill his

0:29:23.920 --> 0:29:27.840
<v Speaker 4>friend Otis, which I think was not reasonable. I don't

0:29:27.920 --> 0:29:32.120
<v Speaker 4>understand how a deputy district attorney can look at the

0:29:32.280 --> 0:29:36.520
<v Speaker 4>facts in this case, focusing on Kevin's own testimony and

0:29:36.720 --> 0:29:41.240
<v Speaker 4>come to the conclusion that he intended Otis's death, that

0:29:41.400 --> 0:29:47.280
<v Speaker 4>he wanted Otis to die, or that he wanted his

0:29:47.440 --> 0:29:52.479
<v Speaker 4>friend Ephram to die or Missus Bradley to die. Now,

0:29:52.600 --> 0:29:56.920
<v Speaker 4>Ephram testified in court that Kevin was not a part

0:29:57.080 --> 0:30:01.160
<v Speaker 4>of the assault on his person or Missus Bradley. For

0:30:01.280 --> 0:30:07.080
<v Speaker 4>the district attorney to believe that Kevin convicted himself based

0:30:07.120 --> 0:30:11.000
<v Speaker 4>on his testimony of both the murder and the attempted

0:30:11.120 --> 0:30:15.720
<v Speaker 4>murders is beyond belief. For a second degree murder, there

0:30:15.760 --> 0:30:19.200
<v Speaker 4>has to be criminal intent. You have to share in

0:30:19.320 --> 0:30:22.800
<v Speaker 4>the intent of the stabbers in this case, Slim and

0:30:22.840 --> 0:30:27.440
<v Speaker 4>Hondo to kill Otis, and there's no proof of that

0:30:28.720 --> 0:30:33.520
<v Speaker 4>from Kevin's lips. The only evidence of that is from

0:30:34.600 --> 0:30:39.920
<v Speaker 4>snitch testimony, which under today's law would be inadmissible.

0:30:40.280 --> 0:30:42.760
<v Speaker 1>Yeah, and with good reason. I mean, let's face it,

0:30:42.880 --> 0:30:47.479
<v Speaker 1>snitch testimony for the state is almost always incentivized by

0:30:47.760 --> 0:30:52.640
<v Speaker 1>leniency in the snitch's charges, making that testimony as unreliable

0:30:52.800 --> 0:30:57.080
<v Speaker 1>as it could be. So this deputy in Gascoon CiU

0:30:57.200 --> 0:31:00.040
<v Speaker 1>wants to preserve this conviction, saying that Kevin's test some

0:31:00.120 --> 0:31:03.480
<v Speaker 1>money reaches the burden of proof for criminal intent, when

0:31:03.840 --> 0:31:07.960
<v Speaker 1>in reality, Kevin was essentially a hostage of Slim and

0:31:08.040 --> 0:31:11.280
<v Speaker 1>Hondo until he could finally get away. I mean, had

0:31:11.400 --> 0:31:13.680
<v Speaker 1>he not gone along with everything that happened in the

0:31:13.760 --> 0:31:17.040
<v Speaker 1>aftermath of Otis's death, Slim and Hondo would have been

0:31:17.120 --> 0:31:20.640
<v Speaker 1>dumping both Kevin and Otis's bodies and we wouldn't even

0:31:20.680 --> 0:31:24.120
<v Speaker 1>be having this conversation or know what Slim and Hondo did.

0:31:24.800 --> 0:31:28.160
<v Speaker 1>So what was the end result of your discussion with

0:31:28.280 --> 0:31:30.920
<v Speaker 1>Gascon's deputy. Were you able to work anything out?

0:31:31.640 --> 0:31:35.600
<v Speaker 4>After several back and forth conversations, she was going to

0:31:35.760 --> 0:31:39.400
<v Speaker 4>bring a motion for resentencing. This was apparently a new

0:31:39.520 --> 0:31:41.720
<v Speaker 4>law where they could go back into the trial court

0:31:42.000 --> 0:31:46.040
<v Speaker 4>and petitioned for a change of sentence. She said that

0:31:46.160 --> 0:31:49.480
<v Speaker 4>if Kevin would agree to change his plea from murder

0:31:49.600 --> 0:31:52.520
<v Speaker 4>to manslaughter, that they would go along with it, and

0:31:52.800 --> 0:31:55.560
<v Speaker 4>that he could then be sentenced to whatever the maximum

0:31:55.640 --> 0:31:58.200
<v Speaker 4>on manslaughter was, which is a lot less than thirty

0:31:58.240 --> 0:32:01.000
<v Speaker 4>five years that he's been in. So we're still waiting

0:32:01.080 --> 0:32:05.760
<v Speaker 4>for that. I don't know what's happened, but the district

0:32:05.800 --> 0:32:09.160
<v Speaker 4>attorney that I was talking to called me and told

0:32:09.240 --> 0:32:13.760
<v Speaker 4>me that there was some problem with them making this

0:32:14.000 --> 0:32:17.920
<v Speaker 4>motion because some judge might deny it. Or she wasn't

0:32:17.960 --> 0:32:21.240
<v Speaker 4>real clear on that, but that she invited me to

0:32:21.360 --> 0:32:25.560
<v Speaker 4>think of a way to get around the judge having

0:32:25.640 --> 0:32:30.560
<v Speaker 4>to make a decision to get Kevin out. So I suggested, well,

0:32:30.640 --> 0:32:33.240
<v Speaker 4>how about if I file another rid of habeas corpus

0:32:34.320 --> 0:32:37.640
<v Speaker 4>and if the district attorney doesn't oppose it, then the

0:32:37.760 --> 0:32:40.680
<v Speaker 4>judge can grant him a new trial. And once he

0:32:40.760 --> 0:32:42.760
<v Speaker 4>gets a new trial, then they can dismiss the case

0:32:42.800 --> 0:32:45.200
<v Speaker 4>because they don't have any evidence. They don't have any

0:32:45.320 --> 0:32:47.840
<v Speaker 4>admissible evidence, right The.

0:32:48.040 --> 0:32:51.800
<v Speaker 1>Only evidence they had back then was the snitch testimony,

0:32:51.880 --> 0:32:55.920
<v Speaker 1>which was totally uncorroborated and therefore now inadmissible under the

0:32:56.040 --> 0:32:59.680
<v Speaker 1>law that resulted from Leslie white sixty minutes and the

0:33:00.000 --> 0:33:05.000
<v Speaker 1>sequent investigation, not to mention that Jesse Williams recanted, Leslie

0:33:05.040 --> 0:33:08.400
<v Speaker 1>White took a perjury charge and four years to undo

0:33:08.560 --> 0:33:12.160
<v Speaker 1>his damage to Kevin, and Willie Battles is presumed dead

0:33:12.440 --> 0:33:15.880
<v Speaker 1>or he might have done the same. So are they

0:33:16.000 --> 0:33:19.080
<v Speaker 1>gonna move forward with your habeas idea or are they

0:33:19.200 --> 0:33:22.400
<v Speaker 1>looking for something better to hang their hat on? Considering

0:33:22.480 --> 0:33:26.920
<v Speaker 1>that your idea would prove that this conviction has absolutely

0:33:27.040 --> 0:33:27.800
<v Speaker 1>no integrity.

0:33:28.800 --> 0:33:30.960
<v Speaker 4>I'm not sure what's going to happen. It seems like

0:33:31.400 --> 0:33:34.720
<v Speaker 4>that they're just waiting for the parole hearing.

0:33:35.240 --> 0:33:37.120
<v Speaker 1>Right, Kevin is up for parole at the beginning of

0:33:37.200 --> 0:33:38.160
<v Speaker 1>twenty twenty two.

0:33:38.320 --> 0:33:42.640
<v Speaker 4>And if the DA's office does not oppose parole, he

0:33:42.680 --> 0:33:46.400
<v Speaker 4>will probably get released on parole. However, he will be

0:33:46.520 --> 0:33:48.440
<v Speaker 4>on parole for the rest of his life for a

0:33:48.520 --> 0:33:51.080
<v Speaker 4>crime that he did not commit, as well as having

0:33:51.200 --> 0:33:53.800
<v Speaker 4>served thirty five years for a crime that he did

0:33:53.840 --> 0:33:57.640
<v Speaker 4>not commit. I think that George Gascon himself has not

0:33:58.600 --> 0:34:03.160
<v Speaker 4>heard the evidence in this case. Once he realizes exactly

0:34:03.240 --> 0:34:05.360
<v Speaker 4>what went on in this case, I'm sure that he

0:34:05.440 --> 0:34:08.360
<v Speaker 4>will see that justice is done and Kevin will get released.

0:34:08.800 --> 0:34:11.840
<v Speaker 1>That's our hope as well. And anyone in our audience

0:34:11.880 --> 0:34:14.200
<v Speaker 1>who feels the same way, and I hope all of

0:34:14.280 --> 0:34:16.520
<v Speaker 1>you do, can scroll down to the link in the bio.

0:34:16.680 --> 0:34:20.320
<v Speaker 1>There's a petition to George Cascon to do just that.

0:34:21.000 --> 0:34:25.080
<v Speaker 1>He's a good man and he's a very reasonable person.

0:34:25.520 --> 0:34:28.440
<v Speaker 1>I mean, really, I honestly like to clone George. He's

0:34:28.480 --> 0:34:32.760
<v Speaker 1>that kind of guy. We hope that he and others

0:34:32.840 --> 0:34:35.760
<v Speaker 1>in his office can come around to our view. Kevin

0:34:35.800 --> 0:34:39.759
<v Speaker 1>would admit to anyone that he wasn't living with really

0:34:39.920 --> 0:34:44.040
<v Speaker 1>honorable life at that point. But in fact, ironically, it

0:34:44.160 --> 0:34:46.440
<v Speaker 1>was at this moment in his life that he did

0:34:46.719 --> 0:34:51.480
<v Speaker 1>something truly honorable. He went to Otis's mother and then

0:34:51.560 --> 0:34:54.520
<v Speaker 1>to the police to do the right thing. Does that

0:34:55.160 --> 0:34:58.640
<v Speaker 1>sound like the actions of someone possessing criminal intent?

0:35:00.160 --> 0:35:01.879
<v Speaker 5>I know I need the right things. When I went

0:35:01.920 --> 0:35:05.200
<v Speaker 5>to the police, handing them to hide throw the food in,

0:35:05.520 --> 0:35:09.440
<v Speaker 5>I tow the food fir and jury. Even now, I

0:35:09.560 --> 0:35:12.800
<v Speaker 5>don't regret during the right thing because it was my

0:35:12.960 --> 0:35:17.200
<v Speaker 5>friend's life and it was important for his mother to

0:35:17.320 --> 0:35:20.440
<v Speaker 5>know the truth what happened to her son. Maybe I

0:35:20.440 --> 0:35:23.680
<v Speaker 5>wouldn't say that while I'm in jail. It cost me

0:35:23.800 --> 0:35:28.520
<v Speaker 5>a lot. I've lost like seventeen family members. My mom's

0:35:28.640 --> 0:35:31.239
<v Speaker 5>had a stroke a few years ago. Now, it cost

0:35:31.320 --> 0:35:34.200
<v Speaker 5>me a lot, but I was still doing it even

0:35:34.239 --> 0:35:37.359
<v Speaker 5>after all this time. I found Lord the last five years,

0:35:37.360 --> 0:35:40.440
<v Speaker 5>so I'm at peace finally with God and myself. So

0:35:40.680 --> 0:35:43.359
<v Speaker 5>now it's like, you know what, there's nothing I can

0:35:43.440 --> 0:35:46.480
<v Speaker 5>do about what they've done. I'm not gonna let them

0:35:46.520 --> 0:35:50.120
<v Speaker 5>take what's left that I got in my spirit. And

0:35:50.280 --> 0:35:53.160
<v Speaker 5>now my family is proud of me. Even though I've

0:35:53.239 --> 0:35:57.040
<v Speaker 5>never done nothing because I've saved my life. So I'm

0:35:57.040 --> 0:35:59.320
<v Speaker 5>gonna keep pushing. I'm gonna keep the leaving like I

0:35:59.320 --> 0:36:00.719
<v Speaker 5>got to so all I got.

0:36:01.840 --> 0:36:05.720
<v Speaker 1>And with that we will now go to closing arguments

0:36:05.920 --> 0:36:10.160
<v Speaker 1>as they still ring true today with justice delayed in

0:36:10.280 --> 0:36:13.719
<v Speaker 1>this case. I first of all, thank you both. Turn

0:36:13.840 --> 0:36:17.200
<v Speaker 1>my microphone off, leave my headphones on, close my eyes,

0:36:17.239 --> 0:36:20.239
<v Speaker 1>and let you both talk about whatever you want for

0:36:20.400 --> 0:36:23.120
<v Speaker 1>the last few minutes of the show. Kevin, We're gonna

0:36:23.160 --> 0:36:27.000
<v Speaker 1>save you for last if that's okay. And Stephen, please

0:36:27.160 --> 0:36:29.719
<v Speaker 1>just share whatever it is that's on your mind.

0:36:30.840 --> 0:36:37.520
<v Speaker 4>Well, Kevin, let's hope this is another step to get

0:36:37.600 --> 0:36:42.160
<v Speaker 4>you out of prison. It's been a long, long road,

0:36:42.280 --> 0:36:45.359
<v Speaker 4>but I won't give up ever.

0:36:46.880 --> 0:36:47.960
<v Speaker 1>And Kevin, over to you.

0:36:49.000 --> 0:36:51.480
<v Speaker 5>I'm thankful, you know, and it's just taking me a

0:36:51.600 --> 0:36:56.000
<v Speaker 5>long time. But I'm like the last five years now

0:36:56.680 --> 0:37:00.439
<v Speaker 5>and my life now, few have purpose and meaning fight

0:37:01.200 --> 0:37:05.120
<v Speaker 5>what they've done. I owe no feel feelings, force, nobody.

0:37:05.680 --> 0:37:09.480
<v Speaker 5>He is what he is all I've lost, My lost

0:37:10.080 --> 0:37:12.600
<v Speaker 5>my life. I was twenty four years old, I'm six now.

0:37:13.120 --> 0:37:17.000
<v Speaker 5>I've been seen over five years. So it's like there's

0:37:17.000 --> 0:37:19.440
<v Speaker 5>nothing else that I can't do because I don't consult it,

0:37:20.360 --> 0:37:23.000
<v Speaker 5>but I won't let what they've done to me back

0:37:23.080 --> 0:37:24.440
<v Speaker 5>then the something to me.

0:37:24.560 --> 0:37:24.759
<v Speaker 7>Now.

0:37:25.520 --> 0:37:29.480
<v Speaker 5>I'm free, you know, inside, and I'm at teaching, and

0:37:30.360 --> 0:37:33.120
<v Speaker 5>even if I die in here, I'll be at peace

0:37:33.239 --> 0:37:36.839
<v Speaker 5>knowing I stood for the soup into woman. I need

0:37:36.960 --> 0:37:41.840
<v Speaker 5>the right thing as an adult. So my parents were problem.

0:37:42.800 --> 0:37:46.120
<v Speaker 5>There's nothing I can do but keep my mind focusing, Oh,

0:37:46.920 --> 0:37:50.160
<v Speaker 5>what's possible, what could be possible, and how to help out.

0:37:50.239 --> 0:37:53.160
<v Speaker 7>It's a human opportunity to this god family in my

0:37:53.239 --> 0:37:56.640
<v Speaker 7>community where I see them. You know, I won't let

0:37:56.719 --> 0:38:00.040
<v Speaker 7>nothing take that from me. That's how I have and

0:38:00.120 --> 0:38:02.960
<v Speaker 7>I appreciate everything that you guys are doing, and I

0:38:03.120 --> 0:38:06.839
<v Speaker 7>appreciate support from anybody, whether the governor wherever.

0:38:06.600 --> 0:38:09.800
<v Speaker 6>It can be done to help me. It is just

0:38:09.960 --> 0:38:13.200
<v Speaker 6>a hoof the absolutely in front of people, and they

0:38:13.280 --> 0:38:16.880
<v Speaker 6>let them decided. So I need to be punished for what.

0:38:16.960 --> 0:38:20.480
<v Speaker 5>I needed if they say so, because I opportunate, but hey,

0:38:20.560 --> 0:38:22.160
<v Speaker 5>I was worried for my life. Say it for my

0:38:22.239 --> 0:38:25.200
<v Speaker 5>life at the time, but I did what I believe

0:38:25.400 --> 0:38:28.719
<v Speaker 5>he was writing, and I don't really doing it.

0:38:37.160 --> 0:38:40.000
<v Speaker 1>Thank you for listening to Wrongful Conviction with Jason Flamm.

0:38:40.560 --> 0:38:43.520
<v Speaker 1>Please support your local innocence projects and go to the

0:38:43.600 --> 0:38:45.480
<v Speaker 1>link in our bio to see how you can help.

0:38:45.960 --> 0:38:49.080
<v Speaker 1>I'd like to thank our production team Connor Hall, Jeff

0:38:49.080 --> 0:38:52.840
<v Speaker 1>Clyburn and Kevin Warnis. The music on the show, as always,

0:38:53.040 --> 0:38:56.480
<v Speaker 1>is by three time OSCAR nominated composer Jay Ralph. Be

0:38:56.600 --> 0:38:59.759
<v Speaker 1>sure to follow us on Instagram at Wrongful Conviction and

0:39:00.000 --> 0:39:04.200
<v Speaker 1>on Facebook at Wrongful Conviction Podcast. Wrongful Conviction with Jason

0:39:04.200 --> 0:39:06.640
<v Speaker 1>Flahm is a production of Lava for Good Podcasts and

0:39:06.719 --> 0:39:08.879
<v Speaker 1>association with Signal Company Number one