WEBVTT - #308 Guest Host Amanda Knox with Heidi Fero

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<v Speaker 1>I'm Jason plom, host of Bronful Conviction. Over the years,

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<v Speaker 1>hundreds of exanneries have told me their stories. Sadly, with

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<v Speaker 1>the state of our criminal legal system, we're left with

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<v Speaker 1>far more cases than I can possibly cover alone. So

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<v Speaker 1>I've asked some exaneries to handle some of those cases,

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<v Speaker 1>bringing the kind of perspective to the interviews that could

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<v Speaker 1>only come from having lived through their own wrongful convictions.

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<v Speaker 1>This is one of those interviews.

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<v Speaker 2>In January two thousand and two, Heidi Farah was a

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<v Speaker 2>young mother living with her boyfriend in Vancouver, Washington. The

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<v Speaker 2>couple had two children, a five year old daughter and

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<v Speaker 2>a one year old son. To make a little extra money,

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<v Speaker 2>she occasionally babysat two other kids, a four year old

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<v Speaker 2>boy and a fifteen month old girl named Brynn. One night,

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<v Speaker 2>Heidi was home alone with the four children when her

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<v Speaker 2>eldest daughter alerted her about something being wrong with Brynn.

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<v Speaker 2>The fifteen month old girl was shaking and crying, and

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<v Speaker 2>Heidi comforted and settled her down to sleep. A little

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<v Speaker 2>while later, though it was obvious that something was seriously wrong.

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<v Speaker 2>Brynn's eyes had slid open while she slept and she

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<v Speaker 2>didn't respond when Heidi tried to wake her. Heidi called

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<v Speaker 2>nine one one. The paramedics took Brynn to the hospital,

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<v Speaker 2>where she was found to have a fractured leg and

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<v Speaker 2>bleeding behind her eyes and around her brain. Everything pointed

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<v Speaker 2>to shaken baby syndrome or SBS, a diagnosis that is

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<v Speaker 2>also a criminal charge. In SBS cases, the caregiver present

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<v Speaker 2>is almost always the one charged with abusing the child.

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<v Speaker 2>Medical studies have shown that there is often a leg

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<v Speaker 2>from the time of the injury to when the symptoms

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<v Speaker 2>show up, but the legal system hasn't caught up with

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<v Speaker 2>those findings. The cause of Brynn's injuries could have happened

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<v Speaker 2>up to four days before Heidi was watching her, but

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<v Speaker 2>that didn't matter in the eyes of the law. Brynn

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<v Speaker 2>would end up permanently blind in one eye and paralyzed

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<v Speaker 2>on one side of her body. Heidi was charged with

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<v Speaker 2>first degree assault of a child. She was convicted and

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<v Speaker 2>sentenced to fifteen years in prison, one year for each

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<v Speaker 2>month of Brynn's life. This is wrongful conviction. Hi, I'm

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<v Speaker 2>Amanda Knox and I'll be filling in for Jason today

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<v Speaker 2>as your guest host. I'm an Exonaree, a previous guest

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<v Speaker 2>on the show, and I also co host a podcast

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<v Speaker 2>called Labyrinths. My own wrongful conviction and the years of

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<v Speaker 2>experience I've gained from working in this space have taught

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<v Speaker 2>me that taking the simplest answer, the one that would

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<v Speaker 2>so easily wrap up a tragedy and assigned blame, isn't

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<v Speaker 2>always the right place one. Criminal investigations, like the world,

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<v Speaker 2>are full of gray areas, and that is certainly true

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<v Speaker 2>regarding the crime that my guest, Heidi Pharaoh, was convicted of.

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<v Speaker 2>Shaken Baby syndrome or SBS. The diagnosis was coined in

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<v Speaker 2>nineteen seventy four to describe a triad of symptoms bleeding

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<v Speaker 2>on the brain, bleeding in the eyes, and brain damage

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<v Speaker 2>caused by lack of oxygen. It was meant to deter

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<v Speaker 2>parents from the then normal practice of shaking a crying infant,

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<v Speaker 2>but afterwards courts used it to prosecute parents and caregivers

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<v Speaker 2>for child abuse. The so called forensic sciences are actually

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<v Speaker 2>more of an art, requiring a professional to interpret the

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<v Speaker 2>data and draw their own conclusion. It is a field

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<v Speaker 2>of study that's still developing. In the case of sbs.

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<v Speaker 2>New evidence has shown that the triad of symptoms that

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<v Speaker 2>show up in such cases are not always caused by

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<v Speaker 2>actually shaking a baby. There is reason for doubt, and

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<v Speaker 2>Heidi was caught up in this gray area of medical

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<v Speaker 2>science and criminal law. I invited Heidi and a member

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<v Speaker 2>of her legal team, Lara Zarrowsky, who is the executive

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<v Speaker 2>and policy director of the Washington Innocence Project, to sit

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<v Speaker 2>down with me. Let's hop right into it, Heidi, So,

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<v Speaker 2>I understand that your parents were hippies and activists, and

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<v Speaker 2>growing up you definitely had that alternative lifestyle happening. By

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<v Speaker 2>the time you were growing up. What kind of life

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<v Speaker 2>were you hoping for? What did you imagine for yourself?

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<v Speaker 3>Yeah, so I had kind of a so my mom

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<v Speaker 3>was more of this activist, but my dad was a farmer.

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<v Speaker 3>He's a dirt farmer. He wasn't my biological father, but

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<v Speaker 3>he's the man that raised me, and he was just

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<v Speaker 3>a dirt farmer. Very philosophic goal but still just a

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<v Speaker 3>good old country boy. My grandparents actually retired from the

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<v Speaker 3>United States for service, and even though they were also liberal,

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<v Speaker 3>they tended to be a little more traditional and conservative.

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<v Speaker 3>So I had these dynamics, and even though my mom's

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<v Speaker 3>life was what she chose at the time, I really

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<v Speaker 3>pulled away from it as I got older.

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<v Speaker 2>And so how old were you when the incident that

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<v Speaker 2>began your wrongful conviction journey? What was happening in your life?

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<v Speaker 2>Where were you? What was going on?

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<v Speaker 3>So I was with my ex husband. We had two children,

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<v Speaker 3>my daughter Rachel, who was I believe four at the time,

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<v Speaker 3>and my son Derek, who was about a year old.

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<v Speaker 3>So I was a very young new mother. How old

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<v Speaker 3>I think that I was twenty three?

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<v Speaker 2>Oh, yeah, you were a baby, Wes twenty three.

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<v Speaker 3>We were just struggling young parents, trying to find our way,

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<v Speaker 3>trying to establish a life. And I was kind of

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<v Speaker 3>driving for that, like white picket fence, And because his

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<v Speaker 3>life had been unstable for him growing up, he was

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<v Speaker 3>also seeking the same thing. And that's what we felt

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<v Speaker 3>we had in common at the time. So we were

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<v Speaker 3>really just trying to establish ourselves. I was home with

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<v Speaker 3>the kids most of the time. I did work part

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<v Speaker 3>time at a furniture store and he worked. My ex husband,

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<v Speaker 3>Dustin worked full time at a machine shop. We were

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<v Speaker 3>just young trying to establish ourselves.

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<v Speaker 2>Yeah, and sometimes you babysat, sometimes I babysap.

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<v Speaker 3>Yeah I did.

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<v Speaker 2>And how would you say you felt around kids? Did

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<v Speaker 2>you like being a mom? Like? What was what was

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<v Speaker 2>that for you?

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<v Speaker 3>I absolutely loved being a mother and felt like at

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<v Speaker 3>a very young age that that was my calling. I

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<v Speaker 3>loved being around a kids. I did actually try to

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<v Speaker 3>go to school, which is hard when you have two

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<v Speaker 3>little children. But I was taking early childhood development with

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<v Speaker 3>the intention that I knew I had a gift when

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<v Speaker 3>it came to kind of, you know, being comfortable with

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<v Speaker 3>kids and you know, being able to kind of like

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<v Speaker 3>understand developmentally where they were at and how to talk

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<v Speaker 3>to them. And I wanted to do something with that. However,

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<v Speaker 3>I didn't have X, my ex husband did not support

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<v Speaker 3>me to go to school, and I had two young children.

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<v Speaker 3>So I'm wondering, if.

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<v Speaker 2>We can now just talk a little bit about what happened,

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<v Speaker 2>maybe you can set the stage for us, Heidi, where

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<v Speaker 2>are you? Who are the people who are who are

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<v Speaker 2>going to be involved and what is your relationship to them?

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<v Speaker 3>Sure, so we were living I'm Vancouver, Washington and in

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<v Speaker 3>a townhouse, three bedroom townhouse, and so we were picking

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<v Speaker 3>up any other kind of income that we could, which

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<v Speaker 3>is why I started working part time at a furniture store.

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<v Speaker 3>And he was approached by a man that he worked

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<v Speaker 3>with at the machine shop and they had became friends,

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<v Speaker 3>and he let him know that he was looking for

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<v Speaker 3>childcare for his daughter but also her brother, who was

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<v Speaker 3>four at the time.

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<v Speaker 2>And the son's name was Cad and the daughter's name

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<v Speaker 2>was Brinn Brynn.

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<v Speaker 3>Yes, so Jason, Brie, Cad and Brynn and my ex

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<v Speaker 3>husband approached me and gave me the offer, and we

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<v Speaker 3>thought at the time, we agreed that it was a

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<v Speaker 3>good idea to get some more income. What I want

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<v Speaker 3>to say is, even going into it, we kind of

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<v Speaker 3>had some red flags. You know, there was a lot

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<v Speaker 3>of adversity between the two of them, and it started

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<v Speaker 3>to come to me that they'd been having trouble keeping

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<v Speaker 3>babysitters because of the behavioral problems of Kate, and so

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<v Speaker 3>once we had said yes, then this information started to

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<v Speaker 3>kind of trickle out.

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<v Speaker 2>Interesting, so when we talk about behavior problems, like what

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<v Speaker 2>kind of stuff are we talking about?

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<v Speaker 3>Anger? He attempted. It's hard for me to say the

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<v Speaker 3>four year old would attempt suicide, but he was actually

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<v Speaker 3>hospitalized for wrapping a cord around his neck and strangling himself.

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<v Speaker 2>Oh wow.

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<v Speaker 3>He became aggressive with my children, and my grandmother was

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<v Speaker 3>actually with all of the kids. One evening, I had

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<v Speaker 3>to run to my office for a minute, my part

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<v Speaker 3>time work office. When I got back, my grandmother was

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<v Speaker 3>distraught and not happy with the kids, and she was like,

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<v Speaker 3>You've got to get this boy out of your house.

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<v Speaker 3>My son had scratch marks up and down his hands

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<v Speaker 3>and wrists, and my grandmother said he had I had

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<v Speaker 3>gotten mad at my son who was in his little

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<v Speaker 3>playpen and had his hands over the top of his

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<v Speaker 3>hands and was screaming in his face. And when my

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<v Speaker 3>grandmother went over there to kind of pull them apart,

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<v Speaker 3>she had to pry his hands off of my son's

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<v Speaker 3>there's one year old son. One year old son. Wow.

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<v Speaker 3>So there was just these these things that were becoming

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<v Speaker 3>increasingly uncomfortable, and I was concerned, and I was telling

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<v Speaker 3>my ex husband, I'm concerned, like something doesn't feel right

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<v Speaker 3>to me, something doesn't sit right to me. And my

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<v Speaker 3>ex husband is very anti getting into anybody's business or

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<v Speaker 3>involving any kind of authorities, and he just kept telling

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<v Speaker 3>me I was overreacting and you know, we don't need

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<v Speaker 3>to worry about it, and.

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<v Speaker 2>He's for what harm could he do? Right?

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<v Speaker 3>And and there were increasing bruises and things showing up

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<v Speaker 3>on Brinn, and when we would ask, we were told

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<v Speaker 3>she fell off a counter, or you know, he tripped her.

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<v Speaker 3>He had done this or these increasing things in just

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<v Speaker 3>a very short period of time two months. I think

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<v Speaker 3>the final star for me was I had a gate

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<v Speaker 3>at the bottom of the stairs at our townhouse, and

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<v Speaker 3>my sister was actually staying with me, and she was

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<v Speaker 3>downstairs with the kids, and I had ran upstairs, and

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<v Speaker 3>Brynn would always follow me around the house. She wanted

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<v Speaker 3>upstairs where I was at. And so she's a hefty

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<v Speaker 3>little girl, fifteen month old, and she I think was

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<v Speaker 3>trying to climb over the bottom gate, or at least

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<v Speaker 3>was pulling on it, and so she had tumbled with

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<v Speaker 3>it because she actually got it loose. I reported it

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<v Speaker 3>to her mother when she picked her up, just hey,

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<v Speaker 3>she might have a little bit of a bruise, but

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<v Speaker 3>I don't think she got her I don't think she

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<v Speaker 3>overly hurt herself. Nothing major. The next day, when she

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<v Speaker 3>was dropped off, she had severe bruises all over her.

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<v Speaker 3>And when I asked the mother what happened, she said, oh,

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<v Speaker 3>you told me she felt down the stairs, and I

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<v Speaker 3>I was you know, I just was like, my sister

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<v Speaker 3>was there. We know what she looked like when she

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<v Speaker 3>left the house and it was not like this, and

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<v Speaker 3>you know, they were new bruises. So I had called Jason,

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<v Speaker 3>the father and was like, I'm I don't even know

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<v Speaker 3>what to think, and he's like, she does that all

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<v Speaker 3>the time. She blames bruises from you know, bruises at

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<v Speaker 3>my house. And I think at that point I was

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<v Speaker 3>just like enough and I had told Jason. I told

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<v Speaker 3>my ex husband, you guys need to find somebody else.

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<v Speaker 3>I'm not comfortable doing this. And so we basically went

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<v Speaker 3>into like a work break. My ex husband and Jason

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<v Speaker 3>had a two week work break for the Christmas holiday,

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<v Speaker 3>and the understanding was is they would find somebody else

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<v Speaker 3>during that time.

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<v Speaker 2>So then what happened.

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<v Speaker 4>So they tried, they tried to find another babysitter, someone

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<v Speaker 4>to take care of the kids. And you know, I

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<v Speaker 4>think that at the time this wasn't known, but putting

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<v Speaker 4>it together, have the experience that Heidi had not been

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<v Speaker 4>comfortable continuing to care for these kids because of Kaid's behavior,

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<v Speaker 4>but they still hadn't found anyone, so sort of as

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<v Speaker 4>a this is the last time I will take care

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<v Speaker 4>you know, I'll help you out this time, but you

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<v Speaker 4>really need to find someone else. On January seventh, the

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<v Speaker 4>kids were brought back to the house to be cared

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<v Speaker 4>for by Heidi, and that was that was the evening

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<v Speaker 4>that all of this process nightmare I think, began for Heidi.

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<v Speaker 4>So in this evening this was a there were a

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<v Speaker 4>few things that were unusual about about this. Actually, when

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<v Speaker 4>when Brinn and Caid were dropped off, Heidi wasn't even

0:13:37.880 --> 0:13:40.439
<v Speaker 4>home yet. She was actually at work, so it was

0:13:40.520 --> 0:13:42.840
<v Speaker 4>Dustin that was there that received the kids and actually

0:13:43.120 --> 0:13:46.400
<v Speaker 4>noted it was strange that when Brynn was brought in,

0:13:46.480 --> 0:13:48.400
<v Speaker 4>she was brought in in a car seat, and that's

0:13:48.440 --> 0:13:51.280
<v Speaker 4>not normally how she was brought in, So she was

0:13:51.320 --> 0:13:53.360
<v Speaker 4>brought in strapped into a car seat and kind of

0:13:53.440 --> 0:13:56.880
<v Speaker 4>left there and seemed was described as lethargic and sort

0:13:56.920 --> 0:14:00.720
<v Speaker 4>of distant, and Derek, whose one, was trying to you know,

0:14:00.760 --> 0:14:04.320
<v Speaker 4>play with her, and she seemed really uncomfortable and her

0:14:04.400 --> 0:14:06.920
<v Speaker 4>leg was bothering her. She was kind of had a

0:14:06.960 --> 0:14:08.800
<v Speaker 4>little had a bit of a limp. There was sort

0:14:08.840 --> 0:14:12.800
<v Speaker 4>of she was not presenting as she normally and I.

0:14:12.720 --> 0:14:15.920
<v Speaker 3>Want to emphasize we had not seen them in two weeks. Yeah,

0:14:15.920 --> 0:14:18.080
<v Speaker 3>so it'd been a couple of weeks and this was,

0:14:18.640 --> 0:14:21.600
<v Speaker 3>you know, sort of a one off. Already kind of

0:14:21.720 --> 0:14:25.840
<v Speaker 3>understanding that this was not a workable situation. So as

0:14:25.880 --> 0:14:27.880
<v Speaker 3>the evening is going on, the dropped off around the

0:14:28.000 --> 0:14:30.720
<v Speaker 3>in the afternoon, and then later in the evening, Brynn

0:14:30.880 --> 0:14:34.200
<v Speaker 3>is in a playpen, so kind of like in a

0:14:34.440 --> 0:14:38.440
<v Speaker 3>safely downstairs in a playpen, and her brother Kate is

0:14:38.440 --> 0:14:41.080
<v Speaker 3>there with her, and Rachel is down there too, Rachel

0:14:41.240 --> 0:14:45.160
<v Speaker 3>and her five year old and Heidi's upstairs giving a

0:14:45.240 --> 0:14:48.880
<v Speaker 3>bath to Derek, who was one at the time, and

0:14:49.480 --> 0:14:52.800
<v Speaker 3>so Rachel at five was observing what Caid was doing

0:14:52.800 --> 0:14:54.960
<v Speaker 3>to his sister. So she had reported that he was

0:14:55.120 --> 0:14:59.320
<v Speaker 3>jumping on her. That kid was jumping on Brin who

0:14:59.360 --> 0:15:02.240
<v Speaker 3>was fifteen months old, and was bashing her in the head,

0:15:02.360 --> 0:15:05.200
<v Speaker 3>hitting her in the head, and so Rachel was alerting

0:15:05.440 --> 0:15:09.280
<v Speaker 3>Heidi that this was happening, and so she got Derek

0:15:09.320 --> 0:15:11.960
<v Speaker 3>out of the bath, went downstairs to try to manage

0:15:11.960 --> 0:15:16.000
<v Speaker 3>what was happening, and actually called Jason to let him know,

0:15:16.200 --> 0:15:18.640
<v Speaker 3>this is what's been happening. How would you like me

0:15:18.760 --> 0:15:23.080
<v Speaker 3>to discipline him? When I called Jason, he told me

0:15:23.120 --> 0:15:25.280
<v Speaker 3>to actually lock Kate in a closet.

0:15:26.360 --> 0:15:26.680
<v Speaker 1>Oh.

0:15:27.280 --> 0:15:30.840
<v Speaker 3>Yeah. The other thing that I noted that evening was

0:15:31.040 --> 0:15:36.680
<v Speaker 3>Brynn had very swollen bruises across her abdomen, and when

0:15:36.720 --> 0:15:39.080
<v Speaker 3>I asked Jason what had happened, he said that Kate

0:15:39.120 --> 0:15:42.119
<v Speaker 3>had jumped on her from the back of the couch. Yeah.

0:15:42.120 --> 0:15:45.160
<v Speaker 4>And I think it's the one piece. It's maybe one

0:15:45.200 --> 0:15:47.280
<v Speaker 4>of the most difficult, but I think important for the

0:15:47.280 --> 0:15:51.040
<v Speaker 4>trajectory of the story is that after Rachel got Heidie's

0:15:51.040 --> 0:15:54.400
<v Speaker 4>attention and she came downstairs, she found Brent in the playpen,

0:15:54.440 --> 0:15:57.520
<v Speaker 4>but sort of on her knees and shaking and sort

0:15:57.520 --> 0:16:00.480
<v Speaker 4>of crying but not in a vocal way. It was

0:16:00.560 --> 0:16:04.400
<v Speaker 4>just very unusual and incredibly alarming.

0:16:04.600 --> 0:16:09.000
<v Speaker 3>Clearly, at one point I go, I think I'm on

0:16:09.040 --> 0:16:12.160
<v Speaker 3>a phone call with a friend. I'm kind of just,

0:16:12.280 --> 0:16:16.600
<v Speaker 3>you know, circling around the kids. I had been terribly sick,

0:16:16.840 --> 0:16:19.760
<v Speaker 3>so my house was disaster, and I'm trying to you know,

0:16:20.120 --> 0:16:23.480
<v Speaker 3>catch up on stuff, clean stuff up, and went to

0:16:23.600 --> 0:16:26.120
<v Speaker 3>check on her, and I noticed that her eyes were

0:16:26.160 --> 0:16:28.680
<v Speaker 3>like halfway open. I kind of lean in and I'm

0:16:28.720 --> 0:16:31.280
<v Speaker 3>just kind of like checking on her. There was just

0:16:31.400 --> 0:16:36.560
<v Speaker 3>something that like started to like alarm me about her demeanor, and.

0:16:37.400 --> 0:16:38.520
<v Speaker 2>Do you remember what it was?

0:16:39.160 --> 0:16:42.040
<v Speaker 3>I feel like her coloring, even though it was kind

0:16:42.040 --> 0:16:45.240
<v Speaker 3>of dim in there, like her coloring looked off. She

0:16:45.320 --> 0:16:49.600
<v Speaker 3>just didn't look very responsive. And when I remember very

0:16:49.720 --> 0:16:52.600
<v Speaker 3>clearly when I kind of went to kind of rouse

0:16:52.600 --> 0:16:55.760
<v Speaker 3>her a little bit, like her eyelids just slid open

0:16:55.840 --> 0:16:59.680
<v Speaker 3>all the way and there was just nothing. And at

0:16:59.720 --> 0:17:03.720
<v Speaker 3>that point, like I think, I through my phone and

0:17:03.920 --> 0:17:07.440
<v Speaker 3>started trying to like I just went into like there's

0:17:07.440 --> 0:17:09.440
<v Speaker 3>an emergency happening, So.

0:17:09.440 --> 0:17:10.000
<v Speaker 2>What did you do?

0:17:10.800 --> 0:17:13.280
<v Speaker 3>I took her into the kitchen, kind of set her

0:17:13.359 --> 0:17:16.200
<v Speaker 3>up on the counter in my arms and was trying

0:17:16.200 --> 0:17:19.200
<v Speaker 3>to splash. I was, you know, everything was happening fast

0:17:19.800 --> 0:17:24.000
<v Speaker 3>and extremely slow. At the same time, I was trying

0:17:24.040 --> 0:17:28.000
<v Speaker 3>to kind of get my mind under control to evaluate

0:17:28.480 --> 0:17:31.400
<v Speaker 3>and at the same time like panicking because I don't

0:17:31.520 --> 0:17:36.160
<v Speaker 3>understand what's happening, and very quickly realizing that I don't

0:17:36.200 --> 0:17:38.840
<v Speaker 3>have any kind of training like to deal with this,

0:17:39.800 --> 0:17:43.560
<v Speaker 3>and my daughter somehow, I don't know if I asked

0:17:43.600 --> 0:17:45.440
<v Speaker 3>her to get my phone or bring me my phone,

0:17:45.440 --> 0:17:48.000
<v Speaker 3>but she gets my phone to me and I call

0:17:48.080 --> 0:17:51.680
<v Speaker 3>my mom because my mom had been a volunteer firefighter,

0:17:51.840 --> 0:17:54.800
<v Speaker 3>and I'm just like, what do I do? I think,

0:17:55.080 --> 0:17:56.960
<v Speaker 3>you know, and I think I need to give a

0:17:56.960 --> 0:17:59.520
<v Speaker 3>little go context as to why I was questioning my

0:17:59.640 --> 0:18:05.720
<v Speaker 3>reality in that moment. I had suffered from anxiety and

0:18:05.800 --> 0:18:09.000
<v Speaker 3>kind of overreacting like if my son choked or and

0:18:09.119 --> 0:18:12.879
<v Speaker 3>my ex husband had really kind of like made me

0:18:13.119 --> 0:18:18.240
<v Speaker 3>question my own intuitive sense of things when an emergency

0:18:18.280 --> 0:18:22.040
<v Speaker 3>was happening, because oftentimes I was really truly overreacting, and

0:18:22.080 --> 0:18:25.080
<v Speaker 3>so I kind of had started to spiral into that

0:18:25.160 --> 0:18:29.040
<v Speaker 3>like am I crazy this reality actually happening right now?

0:18:29.320 --> 0:18:32.960
<v Speaker 3>Or am I overreacting? And so I called my mom.

0:18:33.080 --> 0:18:36.000
<v Speaker 3>I let her know very quickly like what I'm seeing,

0:18:36.119 --> 0:18:37.679
<v Speaker 3>and she just said, called nine one one, and I

0:18:37.680 --> 0:18:38.920
<v Speaker 3>immediately called nine one one.

0:18:40.280 --> 0:18:41.320
<v Speaker 2>And what did they say to do?

0:18:42.960 --> 0:18:47.680
<v Speaker 3>You know? I cannot even remember. I think the only

0:18:47.720 --> 0:18:50.840
<v Speaker 3>thing I can remember is I'm telling me someone's on

0:18:50.880 --> 0:18:51.280
<v Speaker 3>their way.

0:18:51.880 --> 0:18:55.639
<v Speaker 2>So maybe Laura, you can walk me through what happens next.

0:18:55.760 --> 0:18:59.480
<v Speaker 4>Yeah, So the paramedics do arrive within minutes, so there

0:18:59.600 --> 0:19:03.840
<v Speaker 4>they're really quickly and they find Brynn unconscious and bruises

0:19:03.960 --> 0:19:06.080
<v Speaker 4>on her body, which Heidi had observed those as well

0:19:06.119 --> 0:19:09.000
<v Speaker 4>when she when she first got there. They took her

0:19:09.000 --> 0:19:12.560
<v Speaker 4>to the hospital and they found that she had retinal hemorrhage,

0:19:12.560 --> 0:19:17.960
<v Speaker 4>hemorrhaging in both eyes, and also that her leg was fractured,

0:19:18.280 --> 0:19:20.679
<v Speaker 4>and they so there were there was just I just

0:19:20.680 --> 0:19:23.959
<v Speaker 4>want to say, there's no question that that Brent experienced

0:19:24.040 --> 0:19:27.160
<v Speaker 4>really serious injuries. There's no question about that. But she's

0:19:27.200 --> 0:19:31.280
<v Speaker 4>taken to the hospital and it was the I think

0:19:31.320 --> 0:19:32.359
<v Speaker 4>the investigation.

0:19:33.960 --> 0:19:35.080
<v Speaker 3>Did you how soon.

0:19:34.920 --> 0:19:37.840
<v Speaker 4>Did you learn that they were sort of investigating, because

0:19:37.840 --> 0:19:40.040
<v Speaker 4>it was months before you were actually so.

0:19:40.160 --> 0:19:44.120
<v Speaker 3>I knew the next day because CPS came to take

0:19:44.200 --> 0:19:49.440
<v Speaker 3>my children, Rachel and Derek, and and so we knew

0:19:49.480 --> 0:19:53.440
<v Speaker 3>the doctors had basically been accusing me or saying that

0:19:53.480 --> 0:19:56.840
<v Speaker 3>this is the only thing that happened, and she would

0:19:56.840 --> 0:20:00.000
<v Speaker 3>have been the only one there. We had my children,

0:20:00.080 --> 0:20:02.199
<v Speaker 3>and just to wrap that up, like, we hired a

0:20:02.200 --> 0:20:04.520
<v Speaker 3>family law attorney and had my children home in a week.

0:20:04.640 --> 0:20:07.720
<v Speaker 3>But that initial them coming to take them is when

0:20:07.720 --> 0:20:10.159
<v Speaker 3>I knew that there was something else going on.

0:20:11.119 --> 0:20:14.720
<v Speaker 2>I can't even imagine what went through your mind, Like

0:20:14.800 --> 0:20:19.520
<v Speaker 2>already you're twenty three years old and a child in

0:20:19.560 --> 0:20:26.320
<v Speaker 2>your care is becomes unresponsive, Like how insanely scary that

0:20:26.359 --> 0:20:29.520
<v Speaker 2>would be. But for then the next morning, for someone

0:20:29.560 --> 0:20:32.920
<v Speaker 2>to come and say, we're taking your children away. Can

0:20:32.960 --> 0:20:36.679
<v Speaker 2>you take me back to that moment, and where were you,

0:20:36.760 --> 0:20:39.680
<v Speaker 2>what time of day was this, what was your immediate reaction?

0:20:40.560 --> 0:20:44.280
<v Speaker 3>So we had actually Kate had been left at my

0:20:44.359 --> 0:20:47.520
<v Speaker 3>house after they took her to the hospital, nobody could

0:20:48.320 --> 0:20:53.160
<v Speaker 3>find his mother, and then when they did, she obviously

0:20:53.240 --> 0:20:56.320
<v Speaker 3>went to the hospital, and so we were we waited

0:20:56.440 --> 0:21:00.520
<v Speaker 3>until like late morning for someone to act come and

0:21:00.560 --> 0:21:03.080
<v Speaker 3>pick him up, and then I just wanted to go

0:21:03.160 --> 0:21:05.520
<v Speaker 3>to the hospital. That's the only thing I wanted to do.

0:21:06.240 --> 0:21:09.160
<v Speaker 3>And so we went to the hospital and I actually

0:21:09.200 --> 0:21:12.520
<v Speaker 3>went back to see her. There were tubes all over

0:21:12.640 --> 0:21:17.240
<v Speaker 3>and you know, life support or life you know, saving

0:21:17.280 --> 0:21:20.440
<v Speaker 3>measures happening, and bandages around her head. And the last

0:21:20.480 --> 0:21:23.800
<v Speaker 3>thing I remember of my interaction with her was just

0:21:23.840 --> 0:21:29.679
<v Speaker 3>grabbing her little feet and like just praying that she

0:21:29.800 --> 0:21:32.480
<v Speaker 3>was going to come out of this. Really having no

0:21:32.560 --> 0:21:36.439
<v Speaker 3>idea what was Again, like, my reality is just in

0:21:37.160 --> 0:21:41.880
<v Speaker 3>trauma mode at that moment. So we leave there and

0:21:42.520 --> 0:21:44.720
<v Speaker 3>I think I went to my grandparents that just was

0:21:44.960 --> 0:21:49.640
<v Speaker 3>like my safe, comfortable place, and my kids were kind

0:21:49.680 --> 0:21:53.400
<v Speaker 3>of traumatized as well. I believe it was like eight

0:21:53.640 --> 0:21:56.840
<v Speaker 3>nine at night. By this time, my ex husband had

0:21:56.920 --> 0:22:00.439
<v Speaker 3>got back to the house there and they showed up

0:22:00.480 --> 0:22:03.639
<v Speaker 3>with two police officers and said we are taking the

0:22:03.720 --> 0:22:07.480
<v Speaker 3>kids into custody. My children had never been away from me.

0:22:08.920 --> 0:22:15.200
<v Speaker 3>I felt myself start to panic and just like want

0:22:15.240 --> 0:22:18.200
<v Speaker 3>to freak out, but then at the same time understanding

0:22:18.280 --> 0:22:21.040
<v Speaker 3>like this is completely out of my control and I

0:22:21.080 --> 0:22:25.560
<v Speaker 3>don't want to freak my kids out. So I was like,

0:22:26.320 --> 0:22:29.080
<v Speaker 3>I need to do everything I can so that they're

0:22:29.119 --> 0:22:33.120
<v Speaker 3>not afraid of what's happening right now, and so I

0:22:33.200 --> 0:22:35.560
<v Speaker 3>cooperated to not scare my children.

0:22:47.920 --> 0:22:51.320
<v Speaker 2>Hi there, I'm Amanda Knox. After four years in an

0:22:51.359 --> 0:22:54.119
<v Speaker 2>Italian prison for a murder I didn't commit. I know

0:22:54.160 --> 0:22:56.280
<v Speaker 2>what it's like to wind up in a life I

0:22:56.359 --> 0:23:01.040
<v Speaker 2>never expected, even after I was exonerated, and so alone,

0:23:01.240 --> 0:23:04.479
<v Speaker 2>like no one would ever understand me I was wrong.

0:23:05.040 --> 0:23:08.480
<v Speaker 2>We're all navigating our own personal mazes. That's what my

0:23:08.520 --> 0:23:12.400
<v Speaker 2>podcast labyrinth is about. Along with my partner Christopher Robinson,

0:23:12.760 --> 0:23:18.720
<v Speaker 2>I'm telling stories about infertility, psychedelics, wrongful conviction, and wild adventure.

0:23:19.240 --> 0:23:24.119
<v Speaker 2>Every episode of Labyrinths is different, some heart wrenching, some hilarious,

0:23:24.160 --> 0:23:27.680
<v Speaker 2>with guests that run the gamut from comedians to dominatrixes,

0:23:27.760 --> 0:23:31.720
<v Speaker 2>to mountain climbers to scientists. But what's always true is

0:23:31.760 --> 0:23:35.520
<v Speaker 2>that labyrinth gets real. We go to the hard places,

0:23:36.000 --> 0:23:41.360
<v Speaker 2>ask big philosophical questions, and create an immersive narrative experience.

0:23:42.040 --> 0:23:45.879
<v Speaker 2>So please get lost with us. Subscribe to Labyrinths wherever

0:23:45.920 --> 0:23:55.879
<v Speaker 2>you listen. I wonder that first night, when they just

0:23:56.000 --> 0:24:01.560
<v Speaker 2>automatically came to that assumption and sent cps to your house,

0:24:02.680 --> 0:24:07.040
<v Speaker 2>did anyone bother to tell them what might have led

0:24:07.520 --> 0:24:12.600
<v Speaker 2>to Brin's injuries? That wasn't just blatant abuse from her caregiver.

0:24:12.920 --> 0:24:16.359
<v Speaker 3>I think at the time, the way that lucid intervals

0:24:16.359 --> 0:24:20.600
<v Speaker 3>were mean accepted, and there hadn't been any additional studies

0:24:20.640 --> 0:24:25.080
<v Speaker 3>at the time, nothing else mattered, like it had to

0:24:25.240 --> 0:24:29.920
<v Speaker 3>have happened in these hours, and it would have had

0:24:29.920 --> 0:24:33.520
<v Speaker 3>to have happened by an adult, and therefore she was

0:24:33.560 --> 0:24:37.919
<v Speaker 3>the only adult and so this is what happened. I

0:24:37.920 --> 0:24:38.600
<v Speaker 3>think that's right.

0:24:38.680 --> 0:24:43.040
<v Speaker 4>I think there's the state had somewhere in the neighborhood

0:24:43.040 --> 0:24:47.160
<v Speaker 4>of six medical experts doing testimony during the trial saying,

0:24:47.560 --> 0:24:50.879
<v Speaker 4>there's no way that these injuries could have been inflicted

0:24:50.920 --> 0:24:53.840
<v Speaker 4>by a child, by a four year old child. There

0:24:54.000 --> 0:24:56.679
<v Speaker 4>is no way that after sustaining these injuries that this

0:24:56.800 --> 0:25:00.720
<v Speaker 4>child could remain lucid, they would lose consciousness, There's no way.

0:25:00.840 --> 0:25:05.639
<v Speaker 4>So all of these really conclusive pieces of testimony were

0:25:05.680 --> 0:25:09.040
<v Speaker 4>presented during trial in a way that does seem compelling. Right,

0:25:09.320 --> 0:25:11.919
<v Speaker 4>This is sort of the roadmap to a wrongful conviction

0:25:12.000 --> 0:25:15.560
<v Speaker 4>in SBS cases that whomever is with the child at

0:25:15.600 --> 0:25:18.880
<v Speaker 4>the time that the symptoms are presenting, which is not

0:25:19.119 --> 0:25:24.440
<v Speaker 4>necessarily connected with they're not contemporaneous injuries necessarily, they could

0:25:24.520 --> 0:25:28.040
<v Speaker 4>have happened up to days before, and in fact, you

0:25:28.200 --> 0:25:30.080
<v Speaker 4>just don't know in many cases. I think in the

0:25:30.119 --> 0:25:33.480
<v Speaker 4>testimony with regard to the fracture in Brin's leg, it

0:25:33.600 --> 0:25:36.840
<v Speaker 4>was estimated that the injury happened sometime between one hour

0:25:36.920 --> 0:25:41.720
<v Speaker 4>and four days earlier. So that is a pretty tremendous range, especially,

0:25:41.760 --> 0:25:44.520
<v Speaker 4>you know, and so if the common wisdom is this

0:25:45.000 --> 0:25:48.520
<v Speaker 4>it also is you know, I think not to go

0:25:48.640 --> 0:25:50.680
<v Speaker 4>too far up tangent, but I think it's really relevant

0:25:50.680 --> 0:25:53.880
<v Speaker 4>to how decision making is made in these moments that

0:25:54.560 --> 0:25:59.439
<v Speaker 4>this sort of folk wisdom that the simplest explanation is

0:25:59.520 --> 0:26:04.439
<v Speaker 4>usually the right one is an incredibly dangerous notion because

0:26:04.440 --> 0:26:07.560
<v Speaker 4>the world is complicated and dynamic, and sometimes the thing

0:26:07.600 --> 0:26:10.280
<v Speaker 4>that appears to be what just happened is not what

0:26:10.520 --> 0:26:14.560
<v Speaker 4>just happened. So but there is a definite draw and

0:26:14.680 --> 0:26:17.840
<v Speaker 4>temptation to go with whatever seems most logical and easiest

0:26:17.840 --> 0:26:20.200
<v Speaker 4>to understand. And while that person was with her right

0:26:20.200 --> 0:26:23.439
<v Speaker 4>before these injuries, therefore this person inflicted these injuries, and

0:26:23.440 --> 0:26:25.960
<v Speaker 4>they don't really look too far outside to what those

0:26:26.040 --> 0:26:30.040
<v Speaker 4>alternate explanations may be. And I think in this case

0:26:30.080 --> 0:26:35.960
<v Speaker 4>it's especially dynamic in the sense that it's very likely

0:26:36.000 --> 0:26:38.160
<v Speaker 4>that the injuries were inflicted, at least in part by

0:26:38.520 --> 0:26:41.280
<v Speaker 4>a five year old child. Clearly it was it was

0:26:41.320 --> 0:26:44.919
<v Speaker 4>a vicious adult and not a child with behavior issues.

0:26:45.000 --> 0:26:48.200
<v Speaker 4>Right like that, it's just the easier conclusion to draw, right,

0:26:48.280 --> 0:26:49.720
<v Speaker 4>it's more comfortable.

0:26:49.359 --> 0:26:51.080
<v Speaker 2>And the one where we can attribute blame.

0:26:51.560 --> 0:26:53.520
<v Speaker 4>Exactly where were.

0:26:53.400 --> 0:26:57.520
<v Speaker 2>You when you were charged? Do you remember how it felt.

0:26:58.320 --> 0:27:00.760
<v Speaker 3>I think that I just got something in the mail

0:27:03.720 --> 0:27:07.200
<v Speaker 3>that basically said that they were filing those charges.

0:27:08.240 --> 0:27:11.520
<v Speaker 2>What about Brinn's parents? Had you been in contact with

0:27:11.560 --> 0:27:16.560
<v Speaker 2>them ever since that day or the phone call between

0:27:16.720 --> 0:27:22.240
<v Speaker 2>Dustin and Jason where he was accusing you. Had you

0:27:22.320 --> 0:27:23.240
<v Speaker 2>heard from them at all?

0:27:23.760 --> 0:27:26.880
<v Speaker 3>No? Nothing, nothing at all?

0:27:27.760 --> 0:27:28.040
<v Speaker 2>Wow?

0:27:28.400 --> 0:27:31.680
<v Speaker 3>So I think I want to touch back on why,

0:27:31.800 --> 0:27:33.800
<v Speaker 3>you know, why did it take the investigators so long

0:27:33.840 --> 0:27:36.919
<v Speaker 3>to charge me? And again I'm assuming, but I like

0:27:37.000 --> 0:27:41.880
<v Speaker 3>to think that they were actually like questioning this narrative.

0:27:42.320 --> 0:27:45.000
<v Speaker 3>But when you have that many doctors telling you this

0:27:45.080 --> 0:27:49.720
<v Speaker 3>is the only way, and you, as parents, you have

0:27:50.040 --> 0:27:53.080
<v Speaker 3>six doctors or however many it was telling you this

0:27:53.160 --> 0:27:56.400
<v Speaker 3>is the only way, and when you're in a position

0:27:56.480 --> 0:28:00.440
<v Speaker 3>where you're experiencing a trauma, you want to blame mm hmm.

0:28:01.480 --> 0:28:04.919
<v Speaker 2>Okay, So let's talk about the trial. I wonder if

0:28:04.960 --> 0:28:08.360
<v Speaker 2>you can give me a brief brief synopsis of what happened,

0:28:09.520 --> 0:28:12.160
<v Speaker 2>and of course, if you have any you know, memories

0:28:12.280 --> 0:28:15.199
<v Speaker 2>or anything that you want to offer, I think that

0:28:15.240 --> 0:28:17.520
<v Speaker 2>would that would be great. Can you talk about the

0:28:17.560 --> 0:28:19.040
<v Speaker 2>trial and what went down?

0:28:19.280 --> 0:28:19.800
<v Speaker 3>Yeah?

0:28:19.880 --> 0:28:24.320
<v Speaker 4>I think you know, the trial is pretty straightforward. The

0:28:24.880 --> 0:28:29.159
<v Speaker 4>state had a theory they did. As I mentioned earlier,

0:28:29.200 --> 0:28:33.320
<v Speaker 4>the state spun a few different theories on the reasons

0:28:33.400 --> 0:28:38.720
<v Speaker 4>that Heidi would be aggressive with Brnn, that she was crying,

0:28:38.920 --> 0:28:41.680
<v Speaker 4>that Heidi just lost her temper, that there were all

0:28:41.720 --> 0:28:44.960
<v Speaker 4>of these different factors that there was no testimony to.

0:28:45.120 --> 0:28:47.440
<v Speaker 4>This was you know, no one was there with Heidi

0:28:47.520 --> 0:28:49.560
<v Speaker 4>as she was watching the children, So it wasn't based

0:28:49.600 --> 0:28:53.520
<v Speaker 4>in anything except just being a theory that would help

0:28:53.680 --> 0:28:56.200
<v Speaker 4>the jury to say, oh, yeah, I could see how

0:28:56.240 --> 0:28:59.680
<v Speaker 4>that could happen, right, because Heidi didn't have at any

0:29:00.160 --> 0:29:05.240
<v Speaker 4>history at all of being aggressive or inappropriate or in

0:29:05.320 --> 0:29:08.440
<v Speaker 4>any way anything other than just thoroughly nurturing with children

0:29:08.480 --> 0:29:11.760
<v Speaker 4>and had a very very extensive experience doing that and

0:29:11.840 --> 0:29:14.560
<v Speaker 4>children of her own, with no experience with CPS, none

0:29:14.600 --> 0:29:17.360
<v Speaker 4>of these things. And so they kind of had to

0:29:17.560 --> 0:29:19.280
<v Speaker 4>if they were going to sell the story that was

0:29:19.320 --> 0:29:21.920
<v Speaker 4>the narrative. And again, you know, they had I think

0:29:21.920 --> 0:29:26.120
<v Speaker 4>a total of six medical professionals testifying about what must

0:29:26.160 --> 0:29:31.280
<v Speaker 4>have happened and how this wouldn't have presented at the trial.

0:29:31.440 --> 0:29:34.080
<v Speaker 4>There were and correct me if I'm wrong, Heidi, but

0:29:34.120 --> 0:29:37.000
<v Speaker 4>I don't believe there were any medical professionals testifying on

0:29:37.560 --> 0:29:38.760
<v Speaker 4>your behalf, Is that right?

0:29:39.000 --> 0:29:39.120
<v Speaker 2>Was?

0:29:39.480 --> 0:29:42.080
<v Speaker 4>It was more or less just trying to chip away

0:29:42.200 --> 0:29:45.480
<v Speaker 4>at what the state was presenting. And so even though

0:29:45.520 --> 0:29:48.840
<v Speaker 4>in two thousand and three, there likely would have been,

0:29:49.200 --> 0:29:51.560
<v Speaker 4>you know, some doctors who would have testified, No, there's

0:29:51.600 --> 0:29:54.920
<v Speaker 4>other ways that this could have happened that was not

0:29:55.000 --> 0:29:57.320
<v Speaker 4>presented at trial. So it was really just sort of

0:29:58.640 --> 0:30:03.120
<v Speaker 4>trying to defend against the the emotion of you know,

0:30:03.160 --> 0:30:06.880
<v Speaker 4>sort of presenting these really extensive injuries to this fifteen

0:30:06.920 --> 0:30:10.880
<v Speaker 4>month old and all of their different, various explanations for

0:30:10.920 --> 0:30:11.840
<v Speaker 4>how that could have happened.

0:30:12.520 --> 0:30:14.240
<v Speaker 2>You know, you weren't the only one in that house

0:30:14.280 --> 0:30:19.520
<v Speaker 2>that night. Did the kids testify? Yes, And what did

0:30:19.560 --> 0:30:20.040
<v Speaker 2>they say?

0:30:20.920 --> 0:30:23.440
<v Speaker 3>Going back to the week that they took the kids

0:30:23.480 --> 0:30:25.959
<v Speaker 3>from the home and put them in foster care, Rachel

0:30:26.000 --> 0:30:29.280
<v Speaker 3>was repeating even then to the foster care mother what

0:30:29.600 --> 0:30:33.720
<v Speaker 3>had happened and what she had seen. Her story never wavered,

0:30:34.000 --> 0:30:36.520
<v Speaker 3>so when she testified, it was the same thing kind

0:30:36.560 --> 0:30:39.920
<v Speaker 3>of what she had witnessed that night and Kaid's behavior.

0:30:40.000 --> 0:30:48.040
<v Speaker 3>And Caid testified as well. His story changed multiple times,

0:30:48.280 --> 0:30:51.200
<v Speaker 3>And this is the part where I screamed internally during

0:30:51.240 --> 0:30:56.720
<v Speaker 3>the trial. When he was testifying, they asked him a question.

0:30:57.000 --> 0:31:00.240
<v Speaker 3>My attorney asked him a question about what he was

0:31:00.240 --> 0:31:05.200
<v Speaker 3>doing in the playpen, and he just said she wasn't breathing,

0:31:06.920 --> 0:31:12.120
<v Speaker 3>and so he had memory of something occurring that night.

0:31:12.200 --> 0:31:15.560
<v Speaker 3>And I felt like it was like this major moment

0:31:15.640 --> 0:31:17.880
<v Speaker 3>during the trial, like do you guys hear him like,

0:31:19.120 --> 0:31:22.960
<v Speaker 3>but nothing ever came out of it, but his story. Yes,

0:31:23.000 --> 0:31:25.640
<v Speaker 3>I mean he was kind of even, you know, the

0:31:25.720 --> 0:31:30.080
<v Speaker 3>judge had to get on him to, you know, answer

0:31:30.080 --> 0:31:32.080
<v Speaker 3>the questions. But these are children, right.

0:31:32.800 --> 0:31:37.360
<v Speaker 2>So you mentioned that the defense did not bring forward

0:31:37.440 --> 0:31:43.760
<v Speaker 2>any medical professionals who could speak about alternate reasons or

0:31:43.920 --> 0:31:47.520
<v Speaker 2>methods that Brin could have sustained these injuries, and that

0:31:47.640 --> 0:31:52.239
<v Speaker 2>really was what ultimately the case came down to. Do

0:31:52.280 --> 0:31:57.360
<v Speaker 2>you remember when you heard guilty?

0:31:59.240 --> 0:32:03.880
<v Speaker 3>When they said guilty, it just kind of it was

0:32:03.920 --> 0:32:06.520
<v Speaker 3>like the nail in the coffin. I think I had

0:32:06.520 --> 0:32:10.080
<v Speaker 3>already been laying in the coffin for the last year

0:32:10.480 --> 0:32:14.000
<v Speaker 3>before the trial, and that was just the nail that

0:32:14.080 --> 0:32:19.240
<v Speaker 3>sealed it. I remember being pulled out into the hallway.

0:32:20.760 --> 0:32:23.840
<v Speaker 3>I remember I was hysterical. I was crying. I could

0:32:23.840 --> 0:32:29.760
<v Speaker 3>barely stand up. I had heard my mom gasping and

0:32:29.840 --> 0:32:35.200
<v Speaker 3>breaking down into sobs behind me. I remember running into

0:32:35.280 --> 0:32:41.680
<v Speaker 3>a juror in the hallway and she started crying. She

0:32:41.760 --> 0:32:45.440
<v Speaker 3>was waiting for the elevator, and my ex husband took

0:32:45.440 --> 0:32:49.160
<v Speaker 3>me down the stairs. We went straight to my attorney's office,

0:32:49.200 --> 0:32:54.160
<v Speaker 3>which was a few blocks so I sat in his

0:32:54.360 --> 0:33:00.840
<v Speaker 3>office on the floor, sobbing and didn't understand what really

0:33:00.880 --> 0:33:04.440
<v Speaker 3>any of this meant. But I felt doomed. I just

0:33:04.480 --> 0:33:06.360
<v Speaker 3>felt absolutely doomed.

0:33:06.880 --> 0:33:07.920
<v Speaker 2>What was your sentence?

0:33:09.720 --> 0:33:15.040
<v Speaker 3>Originally it was I believe fifteen years, but they re

0:33:15.160 --> 0:33:20.160
<v Speaker 3>appealed that and we won on appeal because they weren't

0:33:20.160 --> 0:33:24.560
<v Speaker 3>able to actually inflict that. I say inflict because that's

0:33:24.560 --> 0:33:31.040
<v Speaker 3>how I feel, and so it was reduced to ten.

0:33:32.080 --> 0:33:34.400
<v Speaker 3>And then one thing I will not ever forget about

0:33:34.400 --> 0:33:40.040
<v Speaker 3>the sentencing was the judge. My judge stated that he's

0:33:40.080 --> 0:33:43.240
<v Speaker 3>not at all convinced of my guilt, but that he

0:33:43.320 --> 0:33:48.360
<v Speaker 3>has to honor the verdict of the jury. Wow, and

0:33:48.400 --> 0:33:51.880
<v Speaker 3>I just thought, how can he say he's not convinced

0:33:53.040 --> 0:33:54.680
<v Speaker 3>and still sentence me right now?

0:33:55.240 --> 0:33:59.280
<v Speaker 2>So I understand you didn't immediately go to prison. Why

0:33:59.440 --> 0:33:59.960
<v Speaker 2>was that.

0:34:02.240 --> 0:34:09.800
<v Speaker 3>My judge, with all of his weird reasons he denied

0:34:10.520 --> 0:34:16.879
<v Speaker 3>the prosecution or the state's request to do that, and

0:34:17.600 --> 0:34:21.160
<v Speaker 3>he denied their requests to separate me from my other children,

0:34:21.840 --> 0:34:26.439
<v Speaker 3>and he granted me an appeal bond to remain home

0:34:26.480 --> 0:34:28.280
<v Speaker 3>with my children while we appealed the case.

0:34:29.160 --> 0:34:31.480
<v Speaker 2>That's pretty extraordinary. Have you ever heard of that?

0:34:32.200 --> 0:34:34.680
<v Speaker 4>It is extraordinary. I've heard of it, not in any

0:34:34.719 --> 0:34:37.560
<v Speaker 4>of our other cases. I've certainly heard of it, but

0:34:37.760 --> 0:34:40.600
<v Speaker 4>rarely it is. And I do think it speaks to

0:34:40.640 --> 0:34:44.960
<v Speaker 4>the hesitation that the judge had, and also clearly the

0:34:45.040 --> 0:34:49.040
<v Speaker 4>judge not being concerned and in fact prioritizing Heidi spending

0:34:49.080 --> 0:34:50.160
<v Speaker 4>more time with her children.

0:34:50.440 --> 0:34:52.600
<v Speaker 3>I was pregnant. I should have mentioned that I was

0:34:52.640 --> 0:34:55.040
<v Speaker 3>pregnant with my youngest son, Dylan during the trial.

0:34:55.400 --> 0:35:07.440
<v Speaker 2>Wow. Yeah, so you appealed. The appeal was successful in

0:35:07.480 --> 0:35:10.200
<v Speaker 2>a way. It reduced the sentence, but it did not

0:35:11.200 --> 0:35:12.320
<v Speaker 2>overturn your conviction.

0:35:12.760 --> 0:35:15.319
<v Speaker 3>Correct, And it took about three years.

0:35:15.800 --> 0:35:19.919
<v Speaker 2>So were you hoping three years two thousand and six

0:35:20.400 --> 0:35:23.600
<v Speaker 2>during the appeals process. Did any part of you think like,

0:35:25.239 --> 0:35:27.560
<v Speaker 2>this next go around, they're going to figure out that

0:35:27.640 --> 0:35:28.800
<v Speaker 2>this is all a big mistake.

0:35:29.480 --> 0:35:36.920
<v Speaker 3>No, I completely I completely shrunk away from what was happening.

0:35:37.800 --> 0:35:44.959
<v Speaker 3>I was pregnant. I just kind of like built up

0:35:45.480 --> 0:35:49.000
<v Speaker 3>this little burrow or dun or walls or whatever you

0:35:49.080 --> 0:35:51.040
<v Speaker 3>want to call it, and tried to push the case

0:35:51.080 --> 0:35:55.560
<v Speaker 3>out on the other side. I just wanted to I

0:35:55.640 --> 0:35:59.680
<v Speaker 3>never lost the sense of doom. I stopped. I continued

0:35:59.680 --> 0:36:01.760
<v Speaker 3>to think, they're coming for me, is just a matter

0:36:01.840 --> 0:36:06.239
<v Speaker 3>of when, not if, and I'm just going to be

0:36:06.280 --> 0:36:11.000
<v Speaker 3>a mom. And I did that for three years, and

0:36:11.040 --> 0:36:17.600
<v Speaker 3>then what happened, Well, the appeals was lost, and we

0:36:17.760 --> 0:36:21.240
<v Speaker 3>started talking about that I would have to turn myself

0:36:21.239 --> 0:36:23.960
<v Speaker 3>in and start serving the sentence.

0:36:25.680 --> 0:36:28.719
<v Speaker 2>How did you like What were those conversations like with

0:36:28.800 --> 0:36:32.239
<v Speaker 2>your family and specifically with your kids.

0:36:35.800 --> 0:36:40.560
<v Speaker 3>When I realized that it was imminent and that I

0:36:40.600 --> 0:36:44.480
<v Speaker 3>was going to have to say goodbye. My boys were

0:36:44.520 --> 0:36:49.680
<v Speaker 3>too young to really understand, and so my daughter was nine.

0:36:50.440 --> 0:36:52.960
<v Speaker 3>I went for a drive with her, intending to kind

0:36:52.960 --> 0:36:55.880
<v Speaker 3>of take her somewhere and explain to her that mommy

0:36:56.000 --> 0:36:58.880
<v Speaker 3>was going to have to go away. But I couldn't

0:36:58.880 --> 0:37:01.160
<v Speaker 3>even make it to anyone. I had no idea where

0:37:01.239 --> 0:37:03.239
<v Speaker 3>to take her, so I just pulled over on the

0:37:03.280 --> 0:37:09.279
<v Speaker 3>side of the road and told her that sometimes when

0:37:09.280 --> 0:37:12.720
<v Speaker 3>her and her brothers fight. Sometimes we don't know who

0:37:13.120 --> 0:37:16.480
<v Speaker 3>is telling the truth and who isn't, and sometimes we

0:37:16.520 --> 0:37:21.680
<v Speaker 3>get it wrong, and that the system had gotten it wrong,

0:37:23.000 --> 0:37:25.160
<v Speaker 3>and that I was going to have to go away.

0:37:27.600 --> 0:37:33.160
<v Speaker 3>What did she say? She started crying. She asked me

0:37:33.239 --> 0:37:36.400
<v Speaker 3>for how long? She asked me if she would be

0:37:36.440 --> 0:37:40.759
<v Speaker 3>able to see me. I once I started to reassure

0:37:40.800 --> 0:37:44.319
<v Speaker 3>her that those things would happen. Kids are resilient. She

0:37:44.440 --> 0:37:46.399
<v Speaker 3>just wanted to know if she's going to be able

0:37:46.400 --> 0:37:50.720
<v Speaker 3>to see me? Really, and I think I just started

0:37:50.760 --> 0:37:53.919
<v Speaker 3>talking about, you know, what I would do to make

0:37:53.960 --> 0:37:59.839
<v Speaker 3>sure she wasn't alone, to the point where I saw

0:37:59.840 --> 0:38:03.160
<v Speaker 3>a book walking through like target that said the Caring

0:38:03.280 --> 0:38:10.080
<v Speaker 3>Keeping of You, realizing that I wasn't couldn't be there

0:38:10.880 --> 0:38:13.560
<v Speaker 3>to talk to her about things that girls need their

0:38:13.560 --> 0:38:17.200
<v Speaker 3>mothers therefore, and it was like this book was just

0:38:17.239 --> 0:38:20.560
<v Speaker 3>sitting on the shelf explaining all of that. I bought

0:38:20.560 --> 0:38:35.000
<v Speaker 3>it for her and took it home to her.

0:38:47.080 --> 0:38:49.400
<v Speaker 2>What was it like to raise your children from afar?

0:38:51.320 --> 0:38:58.200
<v Speaker 3>I became something else. My focus was I didn't care

0:38:58.280 --> 0:39:01.960
<v Speaker 3>how incommunion it made anything else for anybody out there.

0:39:02.440 --> 0:39:04.280
<v Speaker 3>I mean, I was going to bull doze my way

0:39:04.960 --> 0:39:08.280
<v Speaker 3>through anything and anything to have access to my children

0:39:08.320 --> 0:39:12.400
<v Speaker 3>and for them to have access to me. I called home.

0:39:13.560 --> 0:39:15.719
<v Speaker 3>I don't I can't remember a day I didn't call

0:39:15.800 --> 0:39:20.560
<v Speaker 3>home when my son I just I think the person,

0:39:20.680 --> 0:39:25.560
<v Speaker 3>this quiet, more naive person, really became a lot fiercer

0:39:26.160 --> 0:39:28.759
<v Speaker 3>trying to pave a way for me to just be

0:39:28.960 --> 0:39:30.480
<v Speaker 3>still parent from inside.

0:39:31.280 --> 0:39:35.600
<v Speaker 2>So you had to serve your full sentence. It did.

0:39:37.880 --> 0:39:39.440
<v Speaker 3>Science doesn't move quickly.

0:39:40.200 --> 0:39:42.560
<v Speaker 2>Yeah, yeah, when were you released?

0:39:42.840 --> 0:39:43.960
<v Speaker 3>Twenty fourteen?

0:39:45.920 --> 0:39:46.960
<v Speaker 2>What was that like for you?

0:39:48.520 --> 0:39:50.719
<v Speaker 3>Nothing that I thought it would look like.

0:39:51.200 --> 0:39:53.560
<v Speaker 2>Yeah, yeah, talk to me. What were you thinking it

0:39:53.600 --> 0:39:54.279
<v Speaker 2>was going to look like?

0:39:54.960 --> 0:39:58.600
<v Speaker 3>You know? I think I had spent the first two

0:39:58.840 --> 0:40:05.160
<v Speaker 3>thirds just imagining returning to that life. My husband and I,

0:40:05.360 --> 0:40:07.640
<v Speaker 3>you know, we were married, we had bought a home,

0:40:08.400 --> 0:40:11.439
<v Speaker 3>we had dug in and survived the whole time. We'd

0:40:11.440 --> 0:40:14.040
<v Speaker 3>gotten the kids through this, and I was just going

0:40:14.120 --> 0:40:16.840
<v Speaker 3>to go home and pick up those pieces and keep going.

0:40:18.400 --> 0:40:22.560
<v Speaker 3>And then twenty thirteen, a year before I would have

0:40:22.640 --> 0:40:26.080
<v Speaker 3>came home, I was diagnosed with stage two breast cancer

0:40:26.920 --> 0:40:32.600
<v Speaker 3>and went through every piece of treatment that they will

0:40:33.320 --> 0:40:39.280
<v Speaker 3>inflict on you, because that's also inflicted. And things started

0:40:39.280 --> 0:40:42.960
<v Speaker 3>to change between my husband my then husband and I

0:40:42.960 --> 0:40:49.239
<v Speaker 3>I and we were never meant for each other. We

0:40:49.239 --> 0:40:51.560
<v Speaker 3>were young when we got together, and I think that

0:40:51.760 --> 0:40:55.880
<v Speaker 3>those pieces started to unravel, that, you know, and the

0:40:55.960 --> 0:41:02.760
<v Speaker 3>cancer just really became an even more driving wedge. My values,

0:41:02.840 --> 0:41:10.399
<v Speaker 3>my purposes, my desires, my experience was so much more

0:41:10.560 --> 0:41:15.720
<v Speaker 3>advanced than him at that point, the things I didn't

0:41:15.760 --> 0:41:18.799
<v Speaker 3>want to take for granted, the life I wanted to live,

0:41:19.640 --> 0:41:23.320
<v Speaker 3>And the more we had these conversations, the more intimidated

0:41:23.360 --> 0:41:26.840
<v Speaker 3>he was by them. And so by the time I

0:41:26.920 --> 0:41:33.160
<v Speaker 3>released in twenty fourteen, we had almost become estranged, and

0:41:33.239 --> 0:41:37.200
<v Speaker 3>so when I came home, it was an understanding that

0:41:37.440 --> 0:41:43.000
<v Speaker 3>we were more than likely going to be divorcing. I

0:41:43.080 --> 0:41:46.000
<v Speaker 3>didn't go to our house. I released to my mother's,

0:41:47.560 --> 0:41:52.280
<v Speaker 3>and we just continued to deteriorate after in that first year.

0:41:52.880 --> 0:42:00.080
<v Speaker 2>Gosh, not that you know, movie moment that people am

0:42:00.480 --> 0:42:04.839
<v Speaker 2>or hope for. How did it feel to pick up

0:42:04.880 --> 0:42:06.799
<v Speaker 2>the pieces in that kind of environment?

0:42:08.800 --> 0:42:14.440
<v Speaker 3>Brutal? I very quickly realized I didn't know my kids's

0:42:14.520 --> 0:42:20.840
<v Speaker 3>daily routines, that no matter how fiercely I stayed involved

0:42:20.920 --> 0:42:25.040
<v Speaker 3>from inside, there were still so many gaps.

0:42:25.960 --> 0:42:26.799
<v Speaker 2>How old were they?

0:42:27.520 --> 0:42:29.919
<v Speaker 3>There were nine five and two when I went in,

0:42:30.239 --> 0:42:34.279
<v Speaker 3>and seventeen thirteen and ten when I came home. So

0:42:34.320 --> 0:42:37.320
<v Speaker 3>my ten year old didn't even remember me being home.

0:42:38.840 --> 0:42:42.520
<v Speaker 3>He only knew me from inside the prison.

0:42:43.239 --> 0:42:45.040
<v Speaker 2>How did they react to you coming home?

0:42:47.400 --> 0:42:51.000
<v Speaker 3>Initially happy, but it was all very overshadowed by the

0:42:51.080 --> 0:42:53.399
<v Speaker 3>separation between their father and I. It's like we had

0:42:53.440 --> 0:42:57.120
<v Speaker 3>held it together that whole time, and then we're completely

0:42:57.120 --> 0:43:00.200
<v Speaker 3>falling apart at the end. And my kids went through

0:43:00.200 --> 0:43:04.080
<v Speaker 3>the that was more trauma than the prison sends. To

0:43:04.120 --> 0:43:07.480
<v Speaker 3>be honest. I know it's difficult to say that, but

0:43:07.960 --> 0:43:12.200
<v Speaker 3>they've never recovered fully from their father and I is divorce.

0:43:12.480 --> 0:43:16.760
<v Speaker 2>Yeah, Well, I also imagine it's like it's the straw

0:43:16.760 --> 0:43:19.680
<v Speaker 2>on the camel's back kind of thing. That's like, you've

0:43:19.719 --> 0:43:23.000
<v Speaker 2>I've already gone through this and then but of course

0:43:23.080 --> 0:43:27.000
<v Speaker 2>life is complicated and you can't control that. Laura, what

0:43:27.080 --> 0:43:29.640
<v Speaker 2>was the turning point in Heidi's case?

0:43:30.920 --> 0:43:33.719
<v Speaker 4>Boy, I think that the well interesting. I think that

0:43:33.920 --> 0:43:37.320
<v Speaker 4>the turning point in terms of the science, in terms

0:43:37.360 --> 0:43:41.760
<v Speaker 4>of what would make relief possible. I think we're still turning. Frankly,

0:43:42.080 --> 0:43:45.400
<v Speaker 4>we've basically we're waiting for some more published studies you

0:43:45.440 --> 0:43:47.200
<v Speaker 4>can kind of like see where that you can see

0:43:47.200 --> 0:43:49.000
<v Speaker 4>it on the horizon, But if you're not there yet,

0:43:49.680 --> 0:43:53.120
<v Speaker 4>then there's not going to be anything that constitutes newly

0:43:53.160 --> 0:43:56.919
<v Speaker 4>discovered evidence that allows you to get back into that case.

0:43:56.920 --> 0:43:59.319
<v Speaker 4>And that's act still what we ended up facing when

0:43:59.320 --> 0:44:02.680
<v Speaker 4>it came to Heidie's case. That and we finally had

0:44:02.680 --> 0:44:04.000
<v Speaker 4>our own medical experts.

0:44:04.080 --> 0:44:07.080
<v Speaker 2>Yes, there you go. I want to know more about that,

0:44:07.280 --> 0:44:09.920
<v Speaker 2>Like it seems like if only you had had a

0:44:09.960 --> 0:44:15.160
<v Speaker 2>medical expert with you at your first trial. Who were

0:44:15.200 --> 0:44:18.640
<v Speaker 2>these experts, how did you find them and what was

0:44:18.680 --> 0:44:20.919
<v Speaker 2>their position on the facts of your case.

0:44:21.360 --> 0:44:25.760
<v Speaker 3>Doctor Patrick Barnes was found first, and he had become

0:44:26.040 --> 0:44:32.719
<v Speaker 3>an outspoken advocate against the diagnosis, and he was difficult

0:44:32.800 --> 0:44:34.960
<v Speaker 3>to get I know that he I don't know if

0:44:35.000 --> 0:44:38.120
<v Speaker 3>he agreed initially to take the case, but finally, after

0:44:38.280 --> 0:44:41.680
<v Speaker 3>a lot of nudging, he did. And then doctor op

0:44:41.719 --> 0:44:44.319
<v Speaker 3>Haven came on as well, and I you know, I

0:44:44.360 --> 0:44:52.440
<v Speaker 3>think they were heroes to me. I'll never forget getting

0:44:52.920 --> 0:44:56.000
<v Speaker 3>some documents from you know, my attorneys while I was

0:44:56.000 --> 0:44:59.440
<v Speaker 3>still inside from doctor op Haven where she just said

0:45:00.400 --> 0:45:06.960
<v Speaker 3>in her medical professional opinion that these injuries had occurred

0:45:07.040 --> 0:45:11.600
<v Speaker 3>or whatever. It was that had occurred, had happened so

0:45:11.719 --> 0:45:15.839
<v Speaker 3>many hours before that it wasn't possible that this had

0:45:15.840 --> 0:45:21.120
<v Speaker 3>happened at my home. And it was the like just

0:45:21.640 --> 0:45:25.720
<v Speaker 3>feeling validated for the first time ever seeing those words

0:45:25.800 --> 0:45:26.280
<v Speaker 3>on paper.

0:45:26.880 --> 0:45:30.400
<v Speaker 2>Did you think, Like, I think one of the things

0:45:30.400 --> 0:45:34.040
<v Speaker 2>that maybe people don't appreciate is that at for someone

0:45:34.040 --> 0:45:37.759
<v Speaker 2>who served out their entire sentences, you were freed, but

0:45:37.840 --> 0:45:46.480
<v Speaker 2>you weren't free. You were a convicted dellain. Yeah, and

0:45:46.560 --> 0:45:51.000
<v Speaker 2>so the first maybe hint of hope that you might

0:45:51.840 --> 0:45:55.760
<v Speaker 2>go back to the life that you deserved was having

0:45:55.880 --> 0:46:02.160
<v Speaker 2>somebody somewhere say, actually, this not only is not her fault,

0:46:02.200 --> 0:46:03.480
<v Speaker 2>it can't be her fault.

0:46:04.360 --> 0:46:06.960
<v Speaker 3>I think it was the first time that like I

0:46:07.040 --> 0:46:14.640
<v Speaker 3>actually did have hope that something could turn around, that

0:46:14.880 --> 0:46:18.360
<v Speaker 3>somebody was on my side. And I don't mean like

0:46:18.440 --> 0:46:22.480
<v Speaker 3>my attorneys or my family, but like somebody actually saw

0:46:25.000 --> 0:46:25.480
<v Speaker 3>the truth.

0:46:26.760 --> 0:46:29.640
<v Speaker 2>So how did that manifest itself? Did these experts go

0:46:29.680 --> 0:46:33.160
<v Speaker 2>into court and throw down their paperwork and say get

0:46:33.200 --> 0:46:36.319
<v Speaker 2>this lady out of this battled down?

0:46:36.880 --> 0:46:39.080
<v Speaker 3>How did this work out? Yeah?

0:46:39.239 --> 0:46:41.319
<v Speaker 4>You know, we've got a number of clients that are

0:46:41.360 --> 0:46:43.400
<v Speaker 4>in well, a couple of clients that are in this

0:46:43.480 --> 0:46:46.799
<v Speaker 4>situation or part of our freedom exonerated family that had

0:46:46.840 --> 0:46:49.640
<v Speaker 4>to serve their entire sentence before any kind of relief

0:46:49.800 --> 0:46:53.160
<v Speaker 4>was granted in their case. And so we had filed

0:46:53.280 --> 0:46:56.680
<v Speaker 4>with Chris Barrett and with our staff attorneys had filed

0:46:56.800 --> 0:47:01.279
<v Speaker 4>what's Washington State's version of habeas, which is called a

0:47:01.280 --> 0:47:04.319
<v Speaker 4>personal restraint petition. So we had filed that we called

0:47:04.320 --> 0:47:07.800
<v Speaker 4>a PRP. We had filed that with the new evidence

0:47:07.840 --> 0:47:10.040
<v Speaker 4>of the change in science. So we've got these experts

0:47:10.080 --> 0:47:12.680
<v Speaker 4>now who are coming in. This is the newly discovered evidence.

0:47:12.719 --> 0:47:15.840
<v Speaker 4>As we were framing it, we should Heidi should be

0:47:15.840 --> 0:47:18.680
<v Speaker 4>able to is entitled to a new trial because there's

0:47:18.880 --> 0:47:22.320
<v Speaker 4>now this testimony, the evidence that was presented at her trial.

0:47:22.719 --> 0:47:26.319
<v Speaker 4>There's now this ability to you know, to challenge that

0:47:26.440 --> 0:47:28.680
<v Speaker 4>and cause into question the conviction itself.

0:47:29.520 --> 0:47:32.600
<v Speaker 2>And so so WHOA, that's a that's a big deal.

0:47:32.719 --> 0:47:33.200
<v Speaker 3>That's huge.

0:47:33.480 --> 0:47:34.439
<v Speaker 2>So what does that mean?

0:47:34.560 --> 0:47:35.160
<v Speaker 3>That's huge?

0:47:35.360 --> 0:47:39.000
<v Speaker 4>So it means that for legal purposes, So a lot

0:47:39.000 --> 0:47:41.200
<v Speaker 4>of people have this question in the post conviction realm, Well,

0:47:41.200 --> 0:47:43.520
<v Speaker 4>if she already served her sentence, doesn't mean that doesn't

0:47:43.560 --> 0:47:45.799
<v Speaker 4>that mean that double jeopardy, you know, would attach and

0:47:45.840 --> 0:47:48.640
<v Speaker 4>you can't you can't now face any kind of no,

0:47:49.040 --> 0:47:52.080
<v Speaker 4>because when a conviction is overturned, they vacate the conviction

0:47:52.160 --> 0:47:54.120
<v Speaker 4>and it's as if legally, as if it never happened.

0:47:54.320 --> 0:47:58.000
<v Speaker 4>And so it puts you if she were to theoretically

0:47:58.000 --> 0:48:00.279
<v Speaker 4>be tried again and convicted again and be sent since

0:48:00.320 --> 0:48:03.640
<v Speaker 4>the credit for the time she's already served would apply, right.

0:48:04.719 --> 0:48:07.520
<v Speaker 4>But there is also the possibility that if there were

0:48:07.600 --> 0:48:10.839
<v Speaker 4>some in some scenarios, there's a possibility that an aggravating

0:48:10.840 --> 0:48:13.200
<v Speaker 4>factor could be added if they have new information. And

0:48:13.239 --> 0:48:16.360
<v Speaker 4>so in another of our clients cases, Ted Bradford, that

0:48:16.480 --> 0:48:18.360
<v Speaker 4>was something that they were They charged him with an

0:48:18.360 --> 0:48:20.719
<v Speaker 4>aggravating circumstance. So even though it'd served as trial, they

0:48:20.760 --> 0:48:22.399
<v Speaker 4>retried him and he could have gone back for more.

0:48:22.600 --> 0:48:24.520
<v Speaker 4>So this is just there's it's not that there's no

0:48:24.680 --> 0:48:27.640
<v Speaker 4>risk after being out of custody, right, So there's there's

0:48:27.680 --> 0:48:30.960
<v Speaker 4>still sort of jeopardy that still can attach in that way.

0:48:31.239 --> 0:48:34.280
<v Speaker 4>So the Court of Appeals did said yes, she's entitled

0:48:34.320 --> 0:48:36.239
<v Speaker 4>to a new trial, and then the state appealed.

0:48:36.440 --> 0:48:41.600
<v Speaker 2>So just so we're clear, the appeals court vacated her

0:48:42.120 --> 0:48:46.680
<v Speaker 2>conviction yes, and said you're entitled to a new trial,

0:48:47.960 --> 0:48:52.080
<v Speaker 2>the prosecution comes in and says no.

0:48:52.400 --> 0:48:59.719
<v Speaker 3>Yes, rewind. The appellate court vacated the conviction because this

0:49:00.120 --> 0:49:04.200
<v Speaker 3>date showed up with no argument. They didn't challenge my innocence.

0:49:04.719 --> 0:49:08.799
<v Speaker 3>They said I filed too late. Ah, so they had

0:49:08.920 --> 0:49:14.440
<v Speaker 3>nothing to show up and argue as to, basically showing

0:49:14.480 --> 0:49:17.160
<v Speaker 3>that they don't even have any evidence any longer.

0:49:18.280 --> 0:49:20.759
<v Speaker 2>Okay, Yeah, So I was.

0:49:20.840 --> 0:49:25.440
<v Speaker 3>Pregnant again in the middle of all of this with

0:49:25.480 --> 0:49:30.880
<v Speaker 3>my daughter Vanna, and you know, just kind of enjoying life,

0:49:30.920 --> 0:49:33.799
<v Speaker 3>living life, knowing that we were, you know, in this

0:49:34.000 --> 0:49:44.319
<v Speaker 3>victory path. And then some pictures were sent to my

0:49:44.400 --> 0:49:48.960
<v Speaker 3>attorneys with no message, no notes attached, and they were

0:49:49.000 --> 0:49:52.279
<v Speaker 3>photos of me pregnant taken from my Facebook page, one

0:49:52.440 --> 0:49:55.440
<v Speaker 3>with my dog and just one with me kind of

0:49:55.560 --> 0:49:59.799
<v Speaker 3>you know, with my tummy. And my attorneys at the

0:49:59.800 --> 0:50:03.799
<v Speaker 3>time I met the Innocence Project felt threatened by these

0:50:03.800 --> 0:50:06.000
<v Speaker 3>photos sent by the prosecutor's office.

0:50:06.200 --> 0:50:09.120
<v Speaker 2>They were sent by the prosecutor's office. Yes, wait, wait,

0:50:09.160 --> 0:50:14.240
<v Speaker 2>wait wait, the prosecutor's office went onto your Facebook page

0:50:14.880 --> 0:50:19.759
<v Speaker 2>and like a weird stalk or creeper dude printed them

0:50:19.800 --> 0:50:25.239
<v Speaker 2>out and then sent them to the Innocence Project without explanation.

0:50:25.600 --> 0:50:28.600
<v Speaker 3>Yeah, if I remember correctly, they were like in a

0:50:28.800 --> 0:50:32.000
<v Speaker 3>packet of like other legal papers. But there was no

0:50:32.080 --> 0:50:33.799
<v Speaker 3>reason why they would be in there.

0:50:35.200 --> 0:50:42.239
<v Speaker 2>That is bizarre. That is so bizarre. Okay, so what

0:50:42.360 --> 0:50:43.160
<v Speaker 2>do you do with that?

0:50:44.719 --> 0:50:50.719
<v Speaker 3>So my attorneys took it as a threat. You know,

0:50:50.800 --> 0:50:55.400
<v Speaker 3>here I am trying to enjoy my pregnancy. I'm trying

0:50:55.440 --> 0:50:58.040
<v Speaker 3>to do all the things that everybody does to just

0:50:58.120 --> 0:51:01.359
<v Speaker 3>kind of you know, celebrate it. And the next thing

0:51:01.400 --> 0:51:03.520
<v Speaker 3>I know, I'm getting a call. We need you to

0:51:03.560 --> 0:51:07.319
<v Speaker 3>shut down all your social media. We're hiring you a

0:51:07.320 --> 0:51:11.520
<v Speaker 3>family law attorney. We're worried that they're going to come

0:51:11.560 --> 0:51:17.480
<v Speaker 3>and take the baby from the hospital. Oh oh god,

0:51:19.680 --> 0:51:20.759
<v Speaker 3>they weren't going to let me.

0:51:22.800 --> 0:51:23.719
<v Speaker 1>Just be.

0:51:25.560 --> 0:51:28.839
<v Speaker 3>What went through your mind? It felt like burning down

0:51:28.880 --> 0:51:34.560
<v Speaker 3>the world. I felt silenced again that they weren't just

0:51:34.640 --> 0:51:40.160
<v Speaker 3>going to let me be. So I felt intimidated that

0:51:40.200 --> 0:51:43.799
<v Speaker 3>they were trying to get me to quit fighting. So

0:51:43.840 --> 0:51:46.880
<v Speaker 3>I met with a family law attorney. And you know,

0:51:46.920 --> 0:51:49.640
<v Speaker 3>we knew that once we were in front of family court,

0:51:49.840 --> 0:51:52.080
<v Speaker 3>like there would be a not you know, that it

0:51:52.120 --> 0:51:56.520
<v Speaker 3>wouldn't be an issue. But and they knew that, but

0:51:56.719 --> 0:52:01.520
<v Speaker 3>just to be vindictive, and take her initially and make

0:52:01.640 --> 0:52:02.880
<v Speaker 3>us jump through those hoops.

0:52:03.760 --> 0:52:07.520
<v Speaker 2>So what was it like when you finally were giving

0:52:07.520 --> 0:52:08.400
<v Speaker 2>birth to Havana.

0:52:09.400 --> 0:52:12.120
<v Speaker 3>I mean, I feel like I had kind of gone

0:52:12.160 --> 0:52:14.200
<v Speaker 3>back in a bubble. Like I felt like I came

0:52:14.239 --> 0:52:16.880
<v Speaker 3>out of out of it for a minute and felt,

0:52:16.960 --> 0:52:19.520
<v Speaker 3>you know, like I was living in truth and living

0:52:19.600 --> 0:52:21.799
<v Speaker 3>in victory and living in all those things. And then

0:52:21.840 --> 0:52:24.680
<v Speaker 3>that just kind of forced me back into this protective bubble.

0:52:26.400 --> 0:52:28.960
<v Speaker 3>And so I'm just, you know, I just want to

0:52:28.960 --> 0:52:30.960
<v Speaker 3>have my baby. I just want to like, you know,

0:52:32.320 --> 0:52:37.480
<v Speaker 3>and thankfully nothing came at the hospital.

0:52:38.520 --> 0:52:39.440
<v Speaker 2>But were you scared?

0:52:39.960 --> 0:52:43.000
<v Speaker 3>I was scared. Yeah. It was not out of my

0:52:43.120 --> 0:52:51.280
<v Speaker 3>mind for one minute, and and I was extremely uncomfortable

0:52:51.400 --> 0:52:57.520
<v Speaker 3>and even outraged and having to sit there and watch

0:52:57.760 --> 0:53:05.040
<v Speaker 3>SBS videos and you know, sign paperwork, and just even

0:53:05.080 --> 0:53:09.920
<v Speaker 3>though I knew this was a routine, it felt personal. Yeah. Yeah.

0:53:10.920 --> 0:53:14.920
<v Speaker 3>And I couldn't. Yeah, I just I couldn't even fathom

0:53:15.120 --> 0:53:20.360
<v Speaker 3>going back to a trial. I couldn't fathom being taken

0:53:20.360 --> 0:53:23.880
<v Speaker 3>away from another child. I couldn't. It wasn't that I

0:53:23.960 --> 0:53:28.560
<v Speaker 3>just couldn't fathom it. I couldn't bear it. Yeah.

0:53:28.840 --> 0:53:32.760
<v Speaker 2>Yeah, it seems like you've your one laser focus throughout

0:53:32.760 --> 0:53:36.560
<v Speaker 2>this entire thing is that your kids are everything for

0:53:36.680 --> 0:53:42.439
<v Speaker 2>you and that you would do nothing to risk being

0:53:42.480 --> 0:53:43.160
<v Speaker 2>away from them.

0:53:45.040 --> 0:53:48.880
<v Speaker 4>And the cost of that has been, you know, for

0:53:49.000 --> 0:53:53.440
<v Speaker 4>Heidi having to be in this limbo where you know,

0:53:53.480 --> 0:53:56.000
<v Speaker 4>we're basically, you know, at this moment, don't poke the bear.

0:53:56.160 --> 0:53:58.879
<v Speaker 4>You know, what would happen if if, right now, if

0:53:58.920 --> 0:54:03.239
<v Speaker 4>Heidi we were to move forward filing a you know,

0:54:03.320 --> 0:54:05.800
<v Speaker 4>claim for post conviction compensation, What would happen?

0:54:06.040 --> 0:54:07.800
<v Speaker 2>Right What would happen if.

0:54:07.640 --> 0:54:10.720
<v Speaker 4>We filed emotion with the State Supreme Court to clarify

0:54:10.800 --> 0:54:13.920
<v Speaker 4>what this ruling means. Since there's no majority, you know,

0:54:13.920 --> 0:54:17.400
<v Speaker 4>there's since there's there's not a majority opinion that everyone

0:54:17.560 --> 0:54:19.359
<v Speaker 4>signed on to. What would it all mean? And those

0:54:19.360 --> 0:54:21.759
<v Speaker 4>are things that could be explored at any time. But

0:54:22.719 --> 0:54:26.840
<v Speaker 4>the cost benefit for Heidi is the is the real

0:54:27.280 --> 0:54:30.000
<v Speaker 4>tragedy there? I think that keeps it, that keeps it going.

0:54:30.400 --> 0:54:35.480
<v Speaker 2>Yeah, yeah, I think people don't understand this about the

0:54:35.520 --> 0:54:42.720
<v Speaker 2>criminal justice system, that one it could be so weirdly unresolved.

0:54:42.960 --> 0:54:45.360
<v Speaker 2>We have this idea that it's black and white. It

0:54:45.480 --> 0:54:49.200
<v Speaker 2>either is or it isn't. And we also like to

0:54:49.239 --> 0:54:55.719
<v Speaker 2>think that you know, you just you you fight until

0:54:55.760 --> 0:54:58.920
<v Speaker 2>you win, and it's like, well at what cost?

0:54:59.560 --> 0:55:05.640
<v Speaker 3>Yeah, this crazy limbo? And I think for me, you know,

0:55:05.719 --> 0:55:10.759
<v Speaker 3>after I made that decision and a couple you know,

0:55:10.840 --> 0:55:16.040
<v Speaker 3>another year went by, the decision to back off, to

0:55:18.360 --> 0:55:24.640
<v Speaker 3>bring my baby home and just tuck in, something else

0:55:24.760 --> 0:55:29.799
<v Speaker 3>started like developing inside of me. And I think it

0:55:29.880 --> 0:55:33.440
<v Speaker 3>was a little rebellious. It was like fuck them, Like

0:55:33.520 --> 0:55:35.760
<v Speaker 3>why do I need their approval?

0:55:35.840 --> 0:55:35.920
<v Speaker 2>What?

0:55:36.440 --> 0:55:38.320
<v Speaker 3>Like I know who I am. And it started to

0:55:38.360 --> 0:55:42.480
<v Speaker 3>become unimportant for me to even continue fighting. And maybe

0:55:42.480 --> 0:55:46.520
<v Speaker 3>it was driven out of fear, but like I just

0:55:46.560 --> 0:55:49.440
<v Speaker 3>started thinking like I'm not going to stop talking and

0:55:49.480 --> 0:55:51.520
<v Speaker 3>I'm not going to stop telling the world what they

0:55:51.520 --> 0:55:53.879
<v Speaker 3>have done to me, and I don't need their seal

0:55:53.920 --> 0:55:56.520
<v Speaker 3>of approval, like they're going to know this is how

0:55:56.560 --> 0:56:00.000
<v Speaker 3>I have to live, that, this is what the position

0:56:00.080 --> 0:56:02.200
<v Speaker 3>and they've done to me, the fear that they drive

0:56:02.239 --> 0:56:06.040
<v Speaker 3>into me, And I started realizing, like there's so many

0:56:06.160 --> 0:56:08.480
<v Speaker 3>of us like that that I need to be a

0:56:08.560 --> 0:56:09.319
<v Speaker 3>voice for that.

0:56:10.680 --> 0:56:14.719
<v Speaker 2>Speaking of how do you move forward from this? What

0:56:14.800 --> 0:56:17.319
<v Speaker 2>have you been doing well?

0:56:17.360 --> 0:56:23.640
<v Speaker 3>From that place? I just refused to let them keep

0:56:23.640 --> 0:56:28.600
<v Speaker 3>me silent any longer. And you know, I really started

0:56:28.640 --> 0:56:32.279
<v Speaker 3>to realize that I have this gift of connecting with

0:56:32.360 --> 0:56:39.120
<v Speaker 3>others and really drawing people out into wanting, you know,

0:56:39.200 --> 0:56:42.120
<v Speaker 3>to live life, because you know, that's all we can do.

0:56:43.160 --> 0:56:49.560
<v Speaker 3>And so in twenty twenty one, I became the client

0:56:49.600 --> 0:56:53.879
<v Speaker 3>support coordinator for the Washington Innocence Project and I'm now

0:56:54.040 --> 0:56:59.040
<v Speaker 3>one of five directly impacted staff members of an organization

0:56:59.160 --> 0:57:05.160
<v Speaker 3>across the country. So that basically we just continue to

0:57:05.239 --> 0:57:08.960
<v Speaker 3>grow our support of each other to really truly become

0:57:10.400 --> 0:57:14.839
<v Speaker 3>a network or a nation of freedom, exonerated persons who

0:57:14.880 --> 0:57:18.240
<v Speaker 3>are there for each other, backed by the organizations and

0:57:18.280 --> 0:57:18.920
<v Speaker 3>the network.

0:57:20.000 --> 0:57:23.520
<v Speaker 2>Well, I've talked to you guys's head off, So I

0:57:23.520 --> 0:57:26.200
<v Speaker 2>think the one thing I want to ask to wrap

0:57:26.240 --> 0:57:30.360
<v Speaker 2>all of this up is you both are very passionate,

0:57:30.520 --> 0:57:33.880
<v Speaker 2>very busy people who work within this world. And I'm

0:57:33.920 --> 0:57:36.520
<v Speaker 2>sure a lot of people who are listening are wondering

0:57:37.240 --> 0:57:40.959
<v Speaker 2>how can I help? And there's a lot of need

0:57:41.720 --> 0:57:44.320
<v Speaker 2>kind of scattered all over the place because we're human

0:57:44.360 --> 0:57:46.880
<v Speaker 2>beings in this world is very messy as it turns out,

0:57:47.560 --> 0:57:52.240
<v Speaker 2>So how can people who are listening support the work

0:57:52.280 --> 0:57:55.480
<v Speaker 2>you're doing, Heidi, and the support that you're doing Laura,

0:57:55.680 --> 0:57:59.640
<v Speaker 2>how can they come to the aid of directly impacted

0:57:59.640 --> 0:58:01.280
<v Speaker 2>people but also their families.

0:58:02.880 --> 0:58:05.479
<v Speaker 3>The first thing that I'm going to say is, don't

0:58:05.520 --> 0:58:09.680
<v Speaker 3>come unless you genuinely can follow through with what you're offering,

0:58:09.960 --> 0:58:13.200
<v Speaker 3>because that hurts us the most. We have so many

0:58:13.240 --> 0:58:16.600
<v Speaker 3>people that hear our stories or you know, hear what

0:58:16.640 --> 0:58:19.840
<v Speaker 3>the you know, the attorneys talk about what's happening, and

0:58:19.880 --> 0:58:22.080
<v Speaker 3>they want to get involved, and they you know, they

0:58:22.120 --> 0:58:25.000
<v Speaker 3>feel it in the moment. But then when we follow through,

0:58:25.840 --> 0:58:30.400
<v Speaker 3>you know, hunting down these offers, sometimes they just completely

0:58:30.400 --> 0:58:34.520
<v Speaker 3>ghost us. And that just you know, that's a waste

0:58:34.560 --> 0:58:36.720
<v Speaker 3>of time when I'm trying to find out if you're

0:58:36.720 --> 0:58:39.440
<v Speaker 3>going to help us or not, or help our my peers,

0:58:39.600 --> 0:58:44.480
<v Speaker 3>our clients. So don't come if you're not genuine The

0:58:44.520 --> 0:58:47.560
<v Speaker 3>things that we need are endless, the things, you know,

0:58:47.680 --> 0:58:51.240
<v Speaker 3>the resources. We need, dental work, we need medical care,

0:58:51.360 --> 0:58:59.560
<v Speaker 3>we need we need massages, we need you know, we

0:58:59.640 --> 0:59:04.920
<v Speaker 3>need people, We need therapy, we need you know, we

0:59:04.960 --> 0:59:08.280
<v Speaker 3>need the opportunity, you know, if you're a skydiver, take

0:59:08.360 --> 0:59:12.600
<v Speaker 3>us skydiving. We need to heal, and we need to

0:59:12.640 --> 0:59:15.320
<v Speaker 3>be physically taken care of, and we need houses, and

0:59:15.360 --> 0:59:20.680
<v Speaker 3>we need jobs, and we need financial support, support as

0:59:20.720 --> 0:59:25.600
<v Speaker 3>in how to budget. There's just so many things that

0:59:25.680 --> 0:59:29.760
<v Speaker 3>we're behind in because of the time away from society

0:59:31.000 --> 0:59:38.439
<v Speaker 3>that we're going to always be playing catch up. Yeah, yeah, absolutely, Echo.

0:59:38.520 --> 0:59:40.600
<v Speaker 4>And I'm so glad Heidi that you said, don't show

0:59:40.680 --> 0:59:44.040
<v Speaker 4>up unless you're unless you mean it, because it is

0:59:44.960 --> 0:59:48.880
<v Speaker 4>a responsibility to offer support. The one thing you always

0:59:48.960 --> 0:59:52.800
<v Speaker 4>have is your voice. And the world is absolutely run

0:59:52.880 --> 0:59:55.680
<v Speaker 4>by the people who show up. And showing up in

0:59:55.760 --> 0:59:59.640
<v Speaker 4>this space means calling your legislator. Call it you're in

0:59:59.800 --> 1:00:03.160
<v Speaker 4>Wash It's leg dot Waduck gov. Every state legislator has

1:00:03.160 --> 1:00:06.440
<v Speaker 4>a website. Find out by your address who your legislator is,

1:00:06.480 --> 1:00:08.520
<v Speaker 4>and let them know that this is an issue that

1:00:08.560 --> 1:00:11.840
<v Speaker 4>you care about. You want accountability and prosecutions. You want

1:00:11.880 --> 1:00:15.280
<v Speaker 4>the truth to matter, not just saying we got it

1:00:15.360 --> 1:00:17.760
<v Speaker 4>right and the jury over upheld it and we're just

1:00:17.800 --> 1:00:22.200
<v Speaker 4>going to look the other way. Legislators don't understand, even

1:00:22.240 --> 1:00:24.320
<v Speaker 4>in places like Washington that are supposed to be liberal,

1:00:24.320 --> 1:00:27.800
<v Speaker 4>we're not. We're very purple, very very purple. They don't

1:00:27.800 --> 1:00:30.280
<v Speaker 4>think it's a voter's issue. They don't think that this

1:00:30.440 --> 1:00:33.000
<v Speaker 4>is something that voters really care about So if you

1:00:33.720 --> 1:00:36.640
<v Speaker 4>react viscerally to that statement like I do, call your

1:00:36.720 --> 1:00:38.640
<v Speaker 4>legislators and make sure they know it's something that matters

1:00:38.640 --> 1:00:40.240
<v Speaker 4>to you, and tell everyone that you know to do

1:00:40.280 --> 1:00:40.560
<v Speaker 4>the same.

1:00:45.920 --> 1:00:48.400
<v Speaker 2>I can't thank you enough for coming all the way

1:00:48.400 --> 1:00:51.720
<v Speaker 2>out to my home to spend all this time with

1:00:51.800 --> 1:00:55.560
<v Speaker 2>me talking about the worst experience of your life.

1:00:55.560 --> 1:00:56.000
<v Speaker 3>I get it.

1:00:57.120 --> 1:01:03.360
<v Speaker 2>I get it, Heidi, And I'm sorry. All right, should

1:01:03.360 --> 1:01:04.840
<v Speaker 2>we go play with our kids or something.

1:01:05.760 --> 1:01:06.840
<v Speaker 3>Let's go do that.

1:01:07.200 --> 1:01:09.360
<v Speaker 4>I need to hold a baby, a baby.

1:01:14.880 --> 1:01:18.320
<v Speaker 2>Thank you for listening to Wrongful Conviction. I'm your guest host,

1:01:18.440 --> 1:01:22.520
<v Speaker 2>Amanda Knox. I'd like to thank our executive producers Jason

1:01:22.560 --> 1:01:26.280
<v Speaker 2>Flamm and Kevin Wardis. The Senior producer for this episode

1:01:26.400 --> 1:01:30.400
<v Speaker 2>is Jackie Paully, and our producers are Lyla Robinson and

1:01:30.480 --> 1:01:35.680
<v Speaker 2>Jeff Clyburn. Our editor is Roxandra Guiedy. The music in

1:01:35.720 --> 1:01:40.280
<v Speaker 2>this production is by three time OSCAR nominated composer Jay Ralph.

1:01:41.080 --> 1:01:43.920
<v Speaker 2>Be sure to follow us on Instagram at Wrongful Conviction,

1:01:44.440 --> 1:01:48.640
<v Speaker 2>on Facebook at Wrongful Conviction Podcast, and on Twitter at

1:01:48.680 --> 1:01:51.840
<v Speaker 2>wrong Conviction, as well as at Lava for Good. On

1:01:51.960 --> 1:01:55.720
<v Speaker 2>all three platforms, you can also follow me Amanda Knox

1:01:56.160 --> 1:01:59.600
<v Speaker 2>at Amanda Knox on Twitter and at a Mamma Knox

1:01:59.680 --> 1:02:03.680
<v Speaker 2>on Instagram. You can listen to my podcast Labyrinths wherever

1:02:03.720 --> 1:02:07.720
<v Speaker 2>you get your podcasts. Wrongful Conviction is a production of

1:02:07.800 --> 1:02:19.120
<v Speaker 2>Lava for Good Podcasts in association with Signal Company Number one.

1:02:19.200 --> 1:02:21.800
<v Speaker 1>Next week, on the guest hosted episodes of Wrongful Conviction,

1:02:21.920 --> 1:02:25.120
<v Speaker 1>Laura and iRider returns to Wrongful Conviction to interview Herman

1:02:25.160 --> 1:02:27.800
<v Speaker 1>Williams about the murder of his ex wife and the

1:02:27.800 --> 1:02:31.520
<v Speaker 1>fabricated confession that landed Herman in prison for twenty nine years.

1:02:32.320 --> 1:02:36.320
<v Speaker 1>Herman was only recently released in September twenty twenty two,

1:02:36.360 --> 1:02:39.439
<v Speaker 1>and this is an emotional conversation about a family torn

1:02:39.480 --> 1:02:42.840
<v Speaker 1>apart and the many lives that were ruined by this

1:02:43.000 --> 1:02:46.720
<v Speaker 1>egregious miscarriage of justice. Laura is one of the top

1:02:47.120 --> 1:02:50.960
<v Speaker 1>attorneys in the Wrongful Conviction space, bar nun and a

1:02:51.000 --> 1:02:55.080
<v Speaker 1>freedom fighter who lives and breathes to do this work.

1:02:56.720 --> 1:02:59.800
<v Speaker 1>Listen next Monday in the Wrongful Conviction podcast feed