WEBVTT - TX Execution: He’ll Get Lethal Injection Tomorrow, But Another Guy Has Confessed to the Crime 

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<v Speaker 1>Hey there, folks. It is Wednesday, April twenty ninth, and

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<v Speaker 1>the state of Texas is set to execute a man.

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<v Speaker 1>But here's the thing. They're going to execute him for

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<v Speaker 1>a murder that another man has confessed too. And with that,

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<v Speaker 1>welcome to this episode of Amy and TJ. Robes. This

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<v Speaker 1>is one of two executions scheduled for this evening in

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<v Speaker 1>the US, one in Florida, this one in Texas, and

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<v Speaker 1>this one has all kinds of appeals flying around. You

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<v Speaker 1>got rappers involved and another confession. This is a doozy

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<v Speaker 1>of a case.

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<v Speaker 2>It certainly is.

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<v Speaker 3>We're talking about thirty seven year old James Broadnacks. But Scotis,

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<v Speaker 3>the Supreme Court of the United States, has denied all

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<v Speaker 3>of those appeals you were just talking about because this

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<v Speaker 3>has been a headline maker, a headline grabber, because of

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<v Speaker 3>some of the powerful folks who have been on his side.

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<v Speaker 1>Yeah, and you have issues here, Robes, involving race. You

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<v Speaker 1>have issues involving rap and we're going to get to

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<v Speaker 1>both of them. But the crime here is a heinous one.

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<v Speaker 1>It's a double murder. He was convicted of convicted of

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<v Speaker 1>committing it along with his cousin. Now Robes you make

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<v Speaker 1>this point, James Broadnax is on death row. He's thirty

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<v Speaker 1>seven years old. It's almost like a wait what And

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<v Speaker 1>the crime was helped me with the.

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<v Speaker 2>Year two thousand and nine.

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<v Speaker 3>So I just said, wow, we have covered so many

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<v Speaker 3>executions and I can't think of one where the crime

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<v Speaker 3>had two thousand something in front of it. We've been

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<v Speaker 3>dealing with crimes that happened as far back as the

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<v Speaker 3>nineteen seventies, nineteen eighties, nineteen nineties. It's rare that a

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<v Speaker 3>case goes from being adjudicated to an execution this quickly.

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<v Speaker 1>Frankly, yeah, and he is a really it's got crazy.

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<v Speaker 1>He's a really young man, thirty seven year old because

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<v Speaker 1>he was nineteen rogue? Do you think about this? This

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<v Speaker 1>guy's on death row And we always use the comparison

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<v Speaker 1>because Analysa is still nineteen right, right to think he

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<v Speaker 1>was nineteen years old when he, according to authorities, according

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<v Speaker 1>to him, decided to go out and get high on

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<v Speaker 1>marijuana and PCP and go run around with his cousin

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<v Speaker 1>looking for somebody to rob. And sure enough they found

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<v Speaker 1>somebody to rob, two young men who were music producers

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<v Speaker 1>outside of a studio. There they meant to rob them,

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<v Speaker 1>shot them, both killed them, both took off in their car.

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<v Speaker 1>Eventually one of their own family members called turned them in.

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<v Speaker 1>They got called. They both confessed, not just confessed ropes,

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<v Speaker 1>they confessed on camera. For whatever reason, James Broadnaxt decided

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<v Speaker 1>he wanted to be a TV star and did a

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<v Speaker 1>bunch of interviews with a bunch of local TV stations

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<v Speaker 1>from the jailhouse, saying what he did.

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<v Speaker 3>Yeah, they both brought next and his cousin corrected separate

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<v Speaker 3>jailhouse interviews, confessing, telling, telling the world what they had done.

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<v Speaker 1>Open and shutcase.

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<v Speaker 2>Guess they didn't have good at attorneys.

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<v Speaker 1>I do not know what it's about. And I've seen them.

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<v Speaker 1>You've seen some of the videos of them smiling at times,

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<v Speaker 1>and some of these videos and posing and pictures and

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<v Speaker 1>images we've seen. Who knows what was going on. But

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<v Speaker 1>the people they killed were twenty eight and twenty six

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<v Speaker 1>years old.

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<v Speaker 3>These were young men, and they had children, They had

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<v Speaker 3>young families, Steven Swan and Matthew Butler, and I from

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<v Speaker 3>what I have read, their wives and their children. Obviously

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<v Speaker 3>it was they happened at such a young age. They

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<v Speaker 3>lost their lives at twenty six and twenty eight. But

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<v Speaker 3>yes they've gone on, and yes they've built lives of

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<v Speaker 3>the anger is so fresh they want this execution to

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<v Speaker 3>happen well.

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<v Speaker 1>And now Robes, this is one where we don't know

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<v Speaker 1>now the other one we had discussed. You could check

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<v Speaker 1>out the episode we have on that one in Florida.

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<v Speaker 1>It's on the feed right before right after you have

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<v Speaker 1>to help me.

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<v Speaker 3>There'd be, it'd be on the feed right before this

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<v Speaker 3>episode we go over the details of the Florida execution

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<v Speaker 3>that's also taking place on Thursday at six pms.

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<v Speaker 1>Okay, so that one doesn't seem like much of a chance.

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<v Speaker 1>All the appeals have been exhausted. This one is a

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<v Speaker 1>little bit of a different situation. I'm not saying it

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<v Speaker 1>has a good chance for things to stop get stopped.

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<v Speaker 1>But he still has at least one appeal out there

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<v Speaker 1>that's pending. But he had two others that have been

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<v Speaker 1>kind of dealt away with. And Robes, these were like

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<v Speaker 1>strong and interesting I mean appeals here or grounds for appeal.

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<v Speaker 1>I guess they were throwing everything at it, but it

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<v Speaker 1>had to do with race, robes and of all things

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<v Speaker 1>rap lyrics. These are the basis for two of their appeals.

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<v Speaker 3>And part of the rap lyrics appeal was that basically

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<v Speaker 3>because of those lyrics he was using, they used it

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<v Speaker 3>against him, basically saying that he wanted to die or

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<v Speaker 3>that it explain how they use the rap lyrics to

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<v Speaker 3>actually use it to sentence.

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<v Speaker 1>Him to Yeah, isn't that crazy? They the rap lyrics,

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<v Speaker 1>they say, were not a part of his trial, but

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<v Speaker 1>during sentencing, they brought up rap lyrics that he wrote

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<v Speaker 1>in his own spare time, doing his own thing, just

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<v Speaker 1>as an independent wasn't some artists. They just had some

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<v Speaker 1>rap lyrics of his. Now, if you listen to hardcore rap,

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<v Speaker 1>if you take that stuff literally, every single rapper should

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<v Speaker 1>be arrested. But it's the argument is it was art.

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<v Speaker 1>But they said this brought up so many questions and

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<v Speaker 1>put in the jurors minds, which were eleven white, one black.

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<v Speaker 1>It brought up racial stereotypes and it didn't separate the

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<v Speaker 1>art for what it was, and instead they thought he

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<v Speaker 1>was some monster that was literally what he was writing

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<v Speaker 1>lyrics about. And that was one of their appeals was

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<v Speaker 1>based on. It didn't go anywhere and.

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<v Speaker 3>In the courtroom, the jury, when you know they're deliberating,

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<v Speaker 3>they asked for questions, They asked to read the lyrics,

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<v Speaker 3>which pointed to the fact that they were leaning on

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<v Speaker 3>those lyrics when they were deciding whether or not to

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<v Speaker 3>sentence him to death.

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<v Speaker 1>Yes, that's so, it mattered. So you have folks the

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<v Speaker 1>likes of Ti what Young Thug was one you mentioned,

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<v Speaker 1>Travis Scott have actually all written friend of the court briefings.

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<v Speaker 3>Yeah, Fat Joe, record executive, Kevin Lyles, Anthony Anderson, actor

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<v Speaker 3>and comedian also weighing in. So yeah, a bunch of

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<v Speaker 3>big names were behind that part of the appeal.

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<v Speaker 1>And the way they put it his defense attorneys they

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<v Speaker 1>turned artistic expression into a death warrant. But the argument

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<v Speaker 1>here is that they are using lyrics as evidence of

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<v Speaker 1>criminality or to enhance a criminal defendant's sentence, and so

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<v Speaker 1>there is concern about that to the point that enough

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<v Speaker 1>folks in the industry at least thought it was worth

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<v Speaker 1>speaking on. Now, the other issue that's dangling, I say,

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<v Speaker 1>has one more appeal role was because somebody said they

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<v Speaker 1>confess they are the ones they're actually saying he is

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<v Speaker 1>not the one who killed these two men. And who

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<v Speaker 1>could say that other than the person who was there

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<v Speaker 1>with him, right, Yes.

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<v Speaker 2>His cousin, Demarius Cummings.

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<v Speaker 3>And so he has given a sworn AFFI David saying

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<v Speaker 3>he was the shooter. And he claims that he convinced

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<v Speaker 3>Broadnaxt to take the blame because he had a worse

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<v Speaker 3>rap sheet that apparently Broadnacks had something only very minor

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<v Speaker 3>on his rap sheet, And so they figured if he

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<v Speaker 3>said he was the one who pulled the trigger, if

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<v Speaker 3>he was the one who actually did the shootings, that

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<v Speaker 3>he would get off a little easier than Damarius Cummings would.

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<v Speaker 3>But it turned out quite the opposite.

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<v Speaker 1>Awfully convenient that this is coming up now.

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<v Speaker 3>Yes it is, and that I'm sure is going to

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<v Speaker 3>be a part of the consideration that consider the source

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<v Speaker 3>and consider the timing.

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<v Speaker 1>Okay, consider both, and we do have to consider that

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<v Speaker 1>the cousin is also spending life in prison right now

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<v Speaker 1>without the possibility of parole.

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<v Speaker 2>Nothing to lose.

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<v Speaker 1>Sure, now do you buy this part of it? Robes

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<v Speaker 1>He claims that he's only coming forward now and only

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<v Speaker 1>thought it was important to do so because he's only

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<v Speaker 1>now finding out that his cousin had a death date

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<v Speaker 1>set if.

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<v Speaker 3>You will, Yeah, his execution date had been set so

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<v Speaker 3>that is why he figured now would be the time

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<v Speaker 3>to admit, by the way, I was the one who

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<v Speaker 3>actually committed the murder.

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<v Speaker 1>Any little part of you getting close to buying that

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<v Speaker 1>not really okay? So we here it is the words

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<v Speaker 1>from the cousin now who says he was the trigger

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<v Speaker 1>man says it was not his cousin that's going to

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<v Speaker 1>die tomorrow by Lethland Jackson. No, no, no, it wasn't him

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<v Speaker 1>that pulled the trigger. The cousin is saying it was

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<v Speaker 1>actually me, and he said this in his affidavit. When

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<v Speaker 1>mister Herzog, the attorney, told me on February twentieth that

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<v Speaker 1>James was scheduled to be executed on April thirtieth, I

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<v Speaker 1>decided it was time to come clean, and I told

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<v Speaker 1>him that it was me and not James who had

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<v Speaker 1>shot the victims. I want to clear my conscience and

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<v Speaker 1>do not want James to be executed for shooting two

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<v Speaker 1>people when I was the one who committed those acts.

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<v Speaker 1>It was my decision to come clean with the facts

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<v Speaker 1>set forth above and sign this declaration. How does that

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<v Speaker 1>sound to you?

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<v Speaker 2>I mean, yes, it sounds convenient.

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<v Speaker 3>Unfortunately, I mean the problem is is there any proof

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<v Speaker 3>to back up what he's saying?

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<v Speaker 2>Is this just a he said?

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<v Speaker 3>He said, does any of the evidence, Do any of

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<v Speaker 3>the forensic support what he is saying?

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<v Speaker 2>That would be the question that I would.

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<v Speaker 1>Have and the question, and you please help me. I

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<v Speaker 1>think I'm necessarily putting on the spot. We were talking

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<v Speaker 1>about it before we started here. There were some things

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<v Speaker 1>they were pointing to and think they were about the

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<v Speaker 1>gun and DNA, suggesting that they did have a way

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<v Speaker 1>of showing improving that it was the cousin.

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<v Speaker 3>Correct, there was something put forward that that the gun

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<v Speaker 3>had the DNA of Broadnaxx's cousin, and he said, the

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<v Speaker 3>reason why it was only my DNA on that gun

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<v Speaker 3>is because I was the one who shot it. Now,

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<v Speaker 3>I didn't see anything to back it up or any

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<v Speaker 3>verification of that, but that is what he is claiming

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<v Speaker 3>that the DNA, only his DNA was on the gun,

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<v Speaker 3>not broad Nax's, and that bolsters his point. There's a

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<v Speaker 3>reason for that. It's because I was the one who

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<v Speaker 3>actually pulled the trigger.

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<v Speaker 1>Well, so far, any court this has brought before has

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<v Speaker 1>said no, they're not going to listen, They're not going

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<v Speaker 1>to consider the confession at all. They don't have a

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<v Speaker 1>reason to consider the confession. So there's one other appeal

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<v Speaker 1>that's dangling out there, so we might have a chance.

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<v Speaker 1>But here's the thing, Robes, So what even if it

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<v Speaker 1>turns out that he was not the one who pulled

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<v Speaker 1>the trigger, law says he could still be the one

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<v Speaker 1>to get the death penalty. Stay here, explain. We continue

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<v Speaker 1>here on Amy and TJ. On a week that the

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<v Speaker 1>US is said to have two executions on the same

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<v Speaker 1>night Tomorrow night, April thirtieth, one execution set for Flora,

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<v Speaker 1>the other in Texas that we've been discussing here, Robes.

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<v Speaker 1>The one we're discussing here James broadnaxt sentence for a

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<v Speaker 1>double murder in which he was convicted of being the

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<v Speaker 1>trigger man in a double murder. His cousin has come

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<v Speaker 1>forward said no, no, no, no, I was the one, not James,

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<v Speaker 1>who pulled the trigger. But Robes, it actually does not

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<v Speaker 1>matter legally speaking, they have a different way of saying it.

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<v Speaker 1>They're in Texas, but whereas it's South Carolina where you

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<v Speaker 1>spend time. This is the law. It doesn't matter actually

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<v Speaker 1>who pulled the trigger.

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<v Speaker 3>That's in South Carolina. It is called the hand of

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<v Speaker 3>one is the hand of all. And I actually watched

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<v Speaker 3>a young man be sentenced to death as.

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<v Speaker 2>Well in that state for not.

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<v Speaker 3>Even being the person who pulled the trigger, but just

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<v Speaker 3>being in the group where a pregnant woman was killed.

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<v Speaker 3>And so that has been on the books for quite

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<v Speaker 3>some time. Is it called the law of parties in

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<v Speaker 3>the state of Texas, So that would rain true. But

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<v Speaker 3>I'm actually curious because yes, that could lead to a

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<v Speaker 3>conviction of a murder conviction, a first degree murder conviction,

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<v Speaker 3>even if he didn't pull the trigger. But wouldn't you

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<v Speaker 3>be looked at potentially differently in terms of what you're

0:12:33.600 --> 0:12:37.480
<v Speaker 3>sentencing is life in prison versus the death penalty? Because

0:12:37.480 --> 0:12:42.040
<v Speaker 3>his cousin, who I guess, was convicted despite not being

0:12:42.040 --> 0:12:44.680
<v Speaker 3>the triggerman. He was given life in prison, so he's

0:12:44.760 --> 0:12:48.920
<v Speaker 3>not facing the death penalty. His cousin is Broadnacks is

0:12:49.080 --> 0:12:52.319
<v Speaker 3>because he was said to be the trigger man.

0:12:53.400 --> 0:12:58.640
<v Speaker 1>And Robes, do you remember we had another case. I

0:12:58.679 --> 0:13:01.720
<v Speaker 1>can't remember what state it was. Family members think it

0:13:01.760 --> 0:13:05.920
<v Speaker 1>might have been brothers, and the guy who was sentenced

0:13:05.960 --> 0:13:10.080
<v Speaker 1>to death didn't pull the trigger, correct, and there was

0:13:10.080 --> 0:13:12.200
<v Speaker 1>a kind of fun I do remember this isn't that

0:13:12.320 --> 0:13:15.800
<v Speaker 1>so it yes? To your point is the argument that

0:13:15.840 --> 0:13:18.520
<v Speaker 1>some of his defense attorneys are making is that, yes,

0:13:19.000 --> 0:13:22.440
<v Speaker 1>a jury could have sentenced him to the same thing

0:13:22.520 --> 0:13:26.120
<v Speaker 1>and had the right to do so. But if they

0:13:26.120 --> 0:13:29.080
<v Speaker 1>would have heard a different set of circumstances, would they

0:13:29.320 --> 0:13:32.200
<v Speaker 1>have That is the point, Robes, And you'd have to

0:13:32.240 --> 0:13:33.520
<v Speaker 1>say probably not.

0:13:34.520 --> 0:13:36.080
<v Speaker 2>I would think probably not.

0:13:36.320 --> 0:13:40.240
<v Speaker 3>But you never know, and he isn't going to get

0:13:40.280 --> 0:13:43.319
<v Speaker 3>the chance to know because that would require a new hearing,

0:13:43.840 --> 0:13:48.199
<v Speaker 3>a re sentencing hearing, and that seems highly unlikely at

0:13:48.200 --> 0:13:49.680
<v Speaker 3>this point, and the parole.

0:13:49.400 --> 0:13:53.080
<v Speaker 1>Board has told him no. The governor is not going

0:13:53.120 --> 0:13:55.840
<v Speaker 1>to step in, but they do have, I believe, Robes.

0:13:55.920 --> 0:14:02.480
<v Speaker 1>One appeal dangling out there, based on the confession that

0:14:02.640 --> 0:14:03.719
<v Speaker 1>might be an option.

0:14:03.640 --> 0:14:06.800
<v Speaker 3>Is that the Texas Supreme Court, basically the state supreme

0:14:06.840 --> 0:14:07.959
<v Speaker 3>court there in Texas.

0:14:08.000 --> 0:14:09.480
<v Speaker 1>I'm not sure who it's before.

0:14:09.160 --> 0:14:11.760
<v Speaker 3>But it's before some sort of an appellate court, and

0:14:11.800 --> 0:14:15.480
<v Speaker 3>they're considering whether or not to take into consideration the

0:14:15.520 --> 0:14:19.520
<v Speaker 3>fact that his cousin has now confessed to being the triggerment.

0:14:19.640 --> 0:14:24.760
<v Speaker 1>Because the race appeal option is gone and the rap appeal,

0:14:24.800 --> 0:14:28.040
<v Speaker 1>the wrap appeal option is gone, so he has one

0:14:28.160 --> 0:14:29.800
<v Speaker 1>last time. But if not, rolls, we're going to end

0:14:29.880 --> 0:14:32.600
<v Speaker 1>up seeing two executions on the same night in the

0:14:32.680 --> 0:14:36.280
<v Speaker 1>United States. I think they're scheduled an hour apart, correct

0:14:36.320 --> 0:14:40.720
<v Speaker 1>in the US. So yeah, folks, we'll keep an eye

0:14:41.080 --> 0:14:47.280
<v Speaker 1>on it because roads that this past several have gone smoothly,

0:14:47.440 --> 0:14:49.400
<v Speaker 1>if you will. But a lot of people keep an

0:14:49.400 --> 0:14:52.160
<v Speaker 1>eye on these because of these drugs that are used

0:14:52.160 --> 0:14:56.200
<v Speaker 1>that sometimes it's still you can argue robes experimenting with

0:14:56.320 --> 0:14:59.040
<v Speaker 1>to a certain degree, but folk would appreciate you spending

0:14:59.080 --> 0:15:00.920
<v Speaker 1>time with us. It's always on behalf of my dear

0:15:00.920 --> 0:15:05.040
<v Speaker 1>Amy robot. I'm tjing talk soon, m hm.