WEBVTT - #092 Jason Flom with Kenzi Snider

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<v Speaker 1>This call is from a correction facility, and it's subject

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<v Speaker 1>to monitoring and recording contact even.

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<v Speaker 2>There.

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<v Speaker 3>And it hasn't been easy one hundred years. That's man,

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<v Speaker 3>I'm a kid.

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<v Speaker 4>I didn't do anything, you know, and uh, you know

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<v Speaker 4>that was ah, that was real painful, man, No, because

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<v Speaker 4>my life was discarded as if you know, like I

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<v Speaker 4>was a piece of trash or something, you know, a

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<v Speaker 4>hundred years and I had dreams I wanted to do

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<v Speaker 4>things I wouldn't committing crimes.

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<v Speaker 3>You know.

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<v Speaker 5>I was a very good young man.

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<v Speaker 6>That is what happens in so many cases. The cops

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<v Speaker 6>have a hunch because they're so smart at the scene,

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<v Speaker 6>they have a hunch, and once they act on that hunch,

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<v Speaker 6>they sort of developed tunnel vision and they take off

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<v Speaker 6>marching in the wrong direction. And that happens in so

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<v Speaker 6>many of these wrongful convictions.

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<v Speaker 1>The opening to sell door and I walk downstairs, and

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<v Speaker 1>I actually walked downstairs to be outside. It felt very

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<v Speaker 1>strange to be, like I said, to be walking without

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<v Speaker 1>no shackles on my feet. I thought it was a dream,

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<v Speaker 1>but did again it wasn't a dream.

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<v Speaker 3>This is wrongful conviction. On March eighteenth, two thousand, and one.

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<v Speaker 3>Jamie Pennich, an American exchange student in South Korea, was

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<v Speaker 3>brutally murdered in her motel room after a night of

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<v Speaker 3>partying with friends from the program. Her bloodied, nude body

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<v Speaker 3>was found on the floor. She had been stomped to death,

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<v Speaker 3>and her face was covered with a black fleece jacket.

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<v Speaker 3>Kenzie Snyder, a nineteen year old exchange student from Marshall

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<v Speaker 3>University in West Virginia, was one of the friends that

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<v Speaker 3>Jamie was with. About a half dozen exchange students had

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<v Speaker 3>traveled from campus into the city, where they celebrated Saint

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<v Speaker 3>Patrick's Day in a bar filled with locals and US soldiers.

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<v Speaker 3>Korean police and army investigators were unable to solve this

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<v Speaker 3>horrific crime. But a year later, in February two thousand

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<v Speaker 3>and two, FBI agents contacted Kenzie out of the blue.

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<v Speaker 3>She was back at school by now in West Virginia

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<v Speaker 3>and they wanted to talk alone. She met with three

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<v Speaker 3>agents on three consecutive days for several hours, and the

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<v Speaker 3>sessions were grueling. When it was done, Kenzie had confessed

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<v Speaker 3>she murdered her friend. She said in the context of

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<v Speaker 3>a drunken sexual encounter. Kenzie was promptly arrested, incarcerated in

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<v Speaker 3>a local jail for ten months, and extradited to Korea

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<v Speaker 3>to stand trial. There, she spent another six months in

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<v Speaker 3>jail until a panel of judges found her not guilty,

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<v Speaker 3>but the prosecutor appealed to verdict, and months later an

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<v Speaker 3>appeals court confirmed not guilty. In two thousand and six,

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<v Speaker 3>five years after the crime, in response to yet another appeal,

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<v Speaker 3>the Supreme Court of Korea once again affirmed not guilty.

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<v Speaker 3>That was eighteen years ago. Today we know a whole

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<v Speaker 3>lot more than we did then about false confessions. Kenzie

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<v Speaker 3>Snyder has been fully acquitted in court, yet her confession

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<v Speaker 3>haunts her and us, and it leads some people still

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<v Speaker 3>to question her actual innocence. Kensey Snyder Brown is here

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<v Speaker 3>with us today to tell her story. Welcome back to

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<v Speaker 3>Wrongful Conviction. Today is going to be a really interesting

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<v Speaker 3>day here in the studio at Wrongful Conviction Headquarters because

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<v Speaker 3>we have a number of firsts and one second, which

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<v Speaker 3>is that I'll go to the second first. We have

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<v Speaker 3>the distinguished professor of psychology and world renowned expert on

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<v Speaker 3>false confession, Saul Cassen, with us today so i'll welcome,

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<v Speaker 3>pleasure to be here. We also have as a special

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<v Speaker 3>treat a PhD student of his, Patty Sanchez, a PhD

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<v Speaker 3>student of John Jay who amazingly is studying the effect

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<v Speaker 3>of podcasts on jurors and on public opinion, right, and

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<v Speaker 3>so I'm super excited to have Patty Sanchez here to

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<v Speaker 3>learn from you. So Patty welcome, thank you very much.

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<v Speaker 3>And the star of our show who has an incredible

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<v Speaker 3>story to tell, the first case we've certainly ever had

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<v Speaker 3>from well even from the far East, but from Korea,

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<v Speaker 3>but not the first false confession case by far, but

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<v Speaker 3>the first case of this kind, and a really interesting

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<v Speaker 3>person in her own right, Kenzy Snyder.

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<v Speaker 2>Welcome, Hello, thank you for having me.

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<v Speaker 3>So, Kenzie, this is a crazy, crazy case. I mean,

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<v Speaker 3>they're all crazy, but yours is so nuts. And we're

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<v Speaker 3>going back eighteen years now, two thousand and one. You

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<v Speaker 3>were a nineteen year old girl in a far away

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<v Speaker 3>land who was accused of brutally beating and stomping your friend,

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<v Speaker 3>your roommate, to death. And you don't look like somebody

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<v Speaker 3>who would stomp a fly to death. I mean, and

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<v Speaker 3>don't judge a book by its cover.

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<v Speaker 2>But I mean, I'm not I'm not that kind of person.

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<v Speaker 3>Yeah, you seem like a pretty gentle soul to me.

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<v Speaker 3>But let's go back to the beginning and Saul jump

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<v Speaker 3>in whenever you want. I mean, obviously you've been involved

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<v Speaker 3>in this case and so many others like it. Do

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<v Speaker 3>you want to go back and give us a little

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<v Speaker 3>of the history.

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<v Speaker 5>Well, you know, eighteen years ago, people really knew nothing

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<v Speaker 5>about false confessions. But Kenzie's case caught my attention for

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<v Speaker 5>a few reasons. One, she was a college student, as

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<v Speaker 5>you say, you know, halfway round the world, and the

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<v Speaker 5>case made no sense to come back to her. A

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<v Speaker 5>year later, the case was unsolved, pressure was on the

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<v Speaker 5>law enforcement and the FBI to solve it, and they

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<v Speaker 5>came back to Kenzie to interrogate her. And when I

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<v Speaker 5>read that she confessed, what caught my interest was not

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<v Speaker 5>just that she agreed to sign a confession. She actually

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<v Speaker 5>came to believe in her own guilt. She had formed

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<v Speaker 5>a memory that they enabled, that they facilitated using police

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<v Speaker 5>interrogation tactics that are highly suggestive and at lawfel in

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<v Speaker 5>the United States. And so my interest in this case

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<v Speaker 5>started with the fact that there She was a college

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<v Speaker 5>student twenty years old at the time that the FBI

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<v Speaker 5>came and interrogated her free agents in a motel room

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<v Speaker 5>in West Virginia, asking her to come alone, and for

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<v Speaker 5>three consecutive days they interrogated her. They lied to her

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<v Speaker 5>about the evidence, they tinkered with her memory. And so

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<v Speaker 5>what caught my attention was the fact that not only

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<v Speaker 5>did she confess, she internalized the belief in that confession,

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<v Speaker 5>which makes it very, very hard for people later to

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<v Speaker 5>get past it.

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<v Speaker 3>So, Kenzy, you are an American person on home soil

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<v Speaker 3>in West Virginia. Didn't get too much more American than that.

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<v Speaker 3>I guess you could say, right, hardland stuff. But you

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<v Speaker 3>were being interviewed on your home turf by people who

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<v Speaker 3>you would have I think thought would have your back.

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<v Speaker 3>Like was there even an extradition treaty in place? Like?

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<v Speaker 3>How did this it happened?

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<v Speaker 2>The extradition treaty itself was brand new. It had just

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<v Speaker 2>been I think formulated between the two countries in nineteen

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<v Speaker 2>ninety eight. And so the crime itself happened in Korea,

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<v Speaker 2>and all the suspects were Americans, and so the US

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<v Speaker 2>and Koreans were trying to work together. It wasn't going

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<v Speaker 2>very well, and that's why the FBI became a liaison.

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<v Speaker 5>And Jason Kenzie Snyder became the first American ever extradited

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<v Speaker 5>to Korea wow.

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<v Speaker 2>Brand new extradition treaty in nineteen ninety eight. I am

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<v Speaker 2>the first. I believe I am the only, but I

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<v Speaker 2>don't know that for sure.

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<v Speaker 3>What a dubious distinction that is.

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<v Speaker 5>It's important to recognize there's a political context to this story.

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<v Speaker 5>When the Korean police and army investigators failed to solve

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<v Speaker 5>the crime. You know, there is a victim, and the

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<v Speaker 5>victim was American. Her name was Jamie Pennach and she

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<v Speaker 5>was from Pennsylvania, and her parents, as you can imagine

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<v Speaker 5>I can't even begin to imagine, were incredibly upset and

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<v Speaker 5>wanted this crime solved. Senator orl Inspector of Pennsylvania met

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<v Speaker 5>with Korean authorities to pressure them to solve this crime.

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<v Speaker 2>Because they're you know, there is that Americans, and we're

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<v Speaker 2>supposed to be in this together to solve the crime

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<v Speaker 2>of another American victim.

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<v Speaker 5>And I don't know what they knew about the details

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<v Speaker 5>of the case, but in my view, I think they

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<v Speaker 5>believe they were acting on behalf of the family of

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<v Speaker 5>the victim.

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<v Speaker 3>Yeah, and Kenzie, I mean, mess have been surreal first

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<v Speaker 3>of all, like, who would ever think that, you know,

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<v Speaker 3>your roommate would turn up as a corpse, right, and

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<v Speaker 3>in such a brutal fashion. That alone is a real

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<v Speaker 3>life nightmare. But then you're back in West Virginia, you know,

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<v Speaker 3>I'm sure dealing with some trauma related to this, but

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<v Speaker 3>moving on with your life, and along come these three

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<v Speaker 3>FBI agents out of nowhere. And I can't imagine at

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<v Speaker 3>that age, when your brain's not even fully formed, right,

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<v Speaker 3>you're still we know, the adolescent brain doesn't fully switch over,

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<v Speaker 3>so to speak, right until you're around twenty five. What

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<v Speaker 3>was going through your head?

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<v Speaker 2>I had come back to West Virginia and I was

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<v Speaker 2>working with troubled youth and I was just trying to

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<v Speaker 2>get my feet back underneath me again, because as you said,

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<v Speaker 2>it is a traumatic experience. And then the FBA called

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<v Speaker 2>me and asked if I could help them further the investigation.

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<v Speaker 2>So I had gone to the hotel room that day

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<v Speaker 2>to talk to them to help them, not realizing what

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<v Speaker 2>they had planned.

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<v Speaker 3>So yeah, okay, that's a common thing too. And you know, Patty,

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<v Speaker 3>I want you to jump in here whenever you want,

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<v Speaker 3>because I know you're knowledgeable about this case and about

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<v Speaker 3>this subject. That's sort of a common thing as well

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<v Speaker 3>that we hear in these wrongful conviction cases is that

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<v Speaker 3>when the interrogation, whether it's local police or FBI agents

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<v Speaker 3>or whatever, often they don't tell you that you're a suspect, right,

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<v Speaker 3>And this way you're more inclined to be open. And

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<v Speaker 3>as Kensey was, she wanted to be helpful. Anyone would

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<v Speaker 3>want to be helpful, but that instinct can really lead

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<v Speaker 3>you astray for.

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<v Speaker 7>Sure, especially when you're not even at a police station

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<v Speaker 7>or anything like that.

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<v Speaker 2>So she was at a hotel.

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<v Speaker 7>Tell, so the lines are blurred even further as to

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<v Speaker 7>the purpose of my even talking to these agents. You know,

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<v Speaker 7>she was never even realized that she was a suspect

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<v Speaker 7>until she had already been talking for at least a day. So, yeah,

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<v Speaker 7>it is a problem that it's not always clear to

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<v Speaker 7>a suspect that they're a suspect, and then they can

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<v Speaker 7>invoke their right to a lawyer if you don't know

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<v Speaker 7>you're being questioned as a suspect.

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<v Speaker 3>So, and some people listening would probably wonder whether that's

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<v Speaker 3>legal for them to take her to a hotel or

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<v Speaker 3>motel room. I mean it sounds at a minimum unusual, right, yes,

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<v Speaker 3>And I don't know if it's more or less disorienting

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<v Speaker 3>than being in one of those rooms that you always

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<v Speaker 3>see on TV, right, the interrogation rooms, the window lists.

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<v Speaker 3>You know, it just seems odd. I mean a motel room,

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<v Speaker 3>there's a bed, there's a TV. It's like, it seems odd.

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<v Speaker 5>Yes, it feels odd, and all of the red flags

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<v Speaker 5>that normally would go up. She's not technically in custody,

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<v Speaker 5>so they don't have to mirandize her.

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<v Speaker 3>So I'm trying to picture this, Kenzie. You're interrogated for

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<v Speaker 3>that first day for hours and hours I assume.

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<v Speaker 2>Right, it wasn't an interrogation. It was just questioning and

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<v Speaker 2>getting together and seeing how your day was, how was

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<v Speaker 2>your year, trying to see how I'd been sleeping, you know,

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<v Speaker 2>if I'd had any repercussions from seeing her body, and

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<v Speaker 2>just trying to be my friend.

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<v Speaker 5>It was your sense that they cared about you.

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<v Speaker 2>Yeah, they wanted to see how I was doing. It

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<v Speaker 2>had been a year no one had checked up on me,

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<v Speaker 2>and they were just checking up on me. At one

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<v Speaker 2>point one of the investigators said that he thought of

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<v Speaker 2>me like a sister.

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<v Speaker 3>And then the second day did it become clear to

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<v Speaker 3>you that they had a different idea or motive or

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<v Speaker 3>what I want to call it.

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<v Speaker 2>Part Way through the second day, the second day still

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<v Speaker 2>started with friendly conversation. I brought ice cream because I

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<v Speaker 2>thought they were my friends, and we had ice cream

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<v Speaker 2>and talked about they'd asked me to do a homework

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<v Speaker 2>assignment when I left the first day, writing out everything

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<v Speaker 2>that I had gone through that night, the sequence of events,

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<v Speaker 2>and then we were just reading that and having ice

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<v Speaker 2>cream when we first got there in the hotel room

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<v Speaker 2>on the second day.

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<v Speaker 3>That's sort of weirdly chilling to me, I mean, and

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<v Speaker 3>chilling no pun intended, but even still, I mean, it

0:12:11.280 --> 0:12:13.880
<v Speaker 3>feels a little sick, right, the idea of you bringing

0:12:13.920 --> 0:12:16.080
<v Speaker 3>the ice cream and ice cream having you know, it's

0:12:16.160 --> 0:12:18.280
<v Speaker 3>not something you do with people that you aren't well

0:12:18.320 --> 0:12:21.160
<v Speaker 3>acquainted with in general. Right, it reminds us all of

0:12:21.200 --> 0:12:24.079
<v Speaker 3>our youth, right on my trips at Baskin Robbins and whatnot.

0:12:24.120 --> 0:12:26.760
<v Speaker 3>But that's beside the point. So, Saul, what do you

0:12:26.800 --> 0:12:29.040
<v Speaker 3>think was really going on here? Like this was this

0:12:29.080 --> 0:12:31.760
<v Speaker 3>all scripted? Did they come in? This was scripted, So

0:12:31.800 --> 0:12:33.720
<v Speaker 3>they had the idea before they went in the first day,

0:12:33.760 --> 0:12:35.520
<v Speaker 3>we're going to gain her trust, right.

0:12:35.440 --> 0:12:38.280
<v Speaker 5>We're going to be friendly, we're going to establish rapport.

0:12:38.320 --> 0:12:41.800
<v Speaker 5>We're going to gain her trust. That sounds like a

0:12:41.920 --> 0:12:45.800
<v Speaker 5>very reasonable tactic for an interrogator to use, and it is.

0:12:46.679 --> 0:12:50.560
<v Speaker 5>But now look at the nefarious side of establishing rapport

0:12:50.640 --> 0:12:54.120
<v Speaker 5>in that way and gaining her trust as a predicate

0:12:54.200 --> 0:12:56.640
<v Speaker 5>for what will happen on day two. So if you

0:12:56.679 --> 0:12:59.720
<v Speaker 5>think of day one as just a friendly interview, she

0:12:59.760 --> 0:13:02.320
<v Speaker 5>come back into day two, They ask her to return,

0:13:02.360 --> 0:13:05.320
<v Speaker 5>and she does alone. She comes back day two with

0:13:05.440 --> 0:13:08.240
<v Speaker 5>ice cream. But what she doesn't realize is day two

0:13:08.360 --> 0:13:10.120
<v Speaker 5>is not going to be an interview anymore. It's going

0:13:10.200 --> 0:13:13.400
<v Speaker 5>to be an accusatory interrogation. And it's going to be

0:13:13.440 --> 0:13:17.000
<v Speaker 5>the kind of interrogation where they accuse her with certainty,

0:13:17.320 --> 0:13:20.480
<v Speaker 5>we know you did this. They're going to lie about evidence,

0:13:20.880 --> 0:13:23.920
<v Speaker 5>they're going to point to apparent contradictions, and they're going

0:13:24.000 --> 0:13:28.400
<v Speaker 5>to tinker with her memory. From a psychological perspective, here's

0:13:28.440 --> 0:13:33.400
<v Speaker 5>the problem. They gained her trust and then they exploited

0:13:33.400 --> 0:13:37.040
<v Speaker 5>that trust. That they gained because when you have somebody's trust,

0:13:37.080 --> 0:13:41.040
<v Speaker 5>you become a credible source. So when somebody you trust

0:13:42.040 --> 0:13:45.800
<v Speaker 5>becomes credible and that person of credibility starts to lie

0:13:45.840 --> 0:13:48.960
<v Speaker 5>about the evidence, you almost have no choice but to

0:13:49.000 --> 0:13:52.839
<v Speaker 5>believe the lie and wonder, well, I don't know how

0:13:52.880 --> 0:13:56.520
<v Speaker 5>I can reconcile that information you just gave me with

0:13:56.640 --> 0:13:59.640
<v Speaker 5>the fact that I don't remember things that way. So

0:13:59.760 --> 0:14:02.920
<v Speaker 5>they gain their her trust on day one as a

0:14:02.960 --> 0:14:06.520
<v Speaker 5>predicate for manipulating her on day two, And of course

0:14:06.640 --> 0:14:09.560
<v Speaker 5>at some point on day two when it becomes clear

0:14:09.679 --> 0:14:12.560
<v Speaker 5>that she's not a witness but a suspect, it would

0:14:12.559 --> 0:14:14.680
<v Speaker 5>seem to me at some point the alarm bells would

0:14:14.679 --> 0:14:16.520
<v Speaker 5>go off and you'd realize I need help.

0:14:16.679 --> 0:14:19.760
<v Speaker 2>In the second day, shortly after we got there, after

0:14:19.800 --> 0:14:23.960
<v Speaker 2>we'd read the statement and had our ice cream, we'd

0:14:24.000 --> 0:14:25.640
<v Speaker 2>gone over the statement a little bit, and they asked

0:14:25.680 --> 0:14:27.320
<v Speaker 2>if they could show me something, and they showed me

0:14:27.360 --> 0:14:30.120
<v Speaker 2>some like a little video of the hotel room and

0:14:30.200 --> 0:14:32.200
<v Speaker 2>walked around in it so I could see it better.

0:14:32.240 --> 0:14:34.200
<v Speaker 2>And then they had like a photo album of some

0:14:34.240 --> 0:14:37.880
<v Speaker 2>of the crime scene photos, and when we're looking at them,

0:14:38.200 --> 0:14:42.240
<v Speaker 2>they were saying, I can't remember the phrasing. But at

0:14:42.240 --> 0:14:44.400
<v Speaker 2>one point I asked, are you saying I did it?

0:14:46.040 --> 0:14:47.640
<v Speaker 2>And they just kind of looked at me and shrugged.

0:14:47.920 --> 0:14:50.440
<v Speaker 2>And at that point I knew that I needed to

0:14:50.440 --> 0:14:52.320
<v Speaker 2>get out of the room. I asked them if I

0:14:52.320 --> 0:14:55.280
<v Speaker 2>could leave, and I went out of the hotel room

0:14:55.440 --> 0:14:58.360
<v Speaker 2>and I was only gone a few seconds and I

0:14:58.400 --> 0:15:00.560
<v Speaker 2>came back in and I asked, said, do I need

0:15:00.600 --> 0:15:03.360
<v Speaker 2>to get a lawyer? That's what I asked, And they said,

0:15:03.360 --> 0:15:05.320
<v Speaker 2>if you get one, we can't say that you cooperated.

0:15:06.280 --> 0:15:11.040
<v Speaker 3>Wow. That's some reverse psychology there, too, isn't it. Right?

0:15:11.200 --> 0:15:14.960
<v Speaker 3>That was a very well chosen phrase. I mean, you know,

0:15:15.160 --> 0:15:17.200
<v Speaker 3>not in terms of justice, but in terms of if

0:15:17.480 --> 0:15:19.160
<v Speaker 3>for what the goal was that they were trying to get,

0:15:19.200 --> 0:15:21.640
<v Speaker 3>which was a confession, that would be the perfect thing

0:15:21.680 --> 0:15:23.720
<v Speaker 3>to say, because now you're disoriented. You don't know. There's

0:15:23.720 --> 0:15:25.640
<v Speaker 3>no right answer to that, right, I mean, and we

0:15:25.680 --> 0:15:28.160
<v Speaker 3>see this in false confessions, right. They sort of create

0:15:28.280 --> 0:15:32.120
<v Speaker 3>this trap with words where there is no door that's open,

0:15:32.280 --> 0:15:34.560
<v Speaker 3>and so you have to choose between bad options, like

0:15:34.560 --> 0:15:37.160
<v Speaker 3>which kind of cancer do you want? Right? Right, I'm

0:15:37.200 --> 0:15:39.160
<v Speaker 3>actually sitting there like I want to go back in

0:15:39.200 --> 0:15:42.120
<v Speaker 3>time and pull you away and say don't go back there, right, like,

0:15:42.240 --> 0:15:42.960
<v Speaker 3>don't go.

0:15:43.000 --> 0:15:44.800
<v Speaker 2>Well, I wish I could have. When I left the room,

0:15:44.960 --> 0:15:46.840
<v Speaker 2>I understand that they were afraid that I wouldn't come

0:15:46.880 --> 0:15:48.480
<v Speaker 2>back in because it would have been over for them.

0:15:49.240 --> 0:15:51.200
<v Speaker 2>So I wish I wouldn't have gone back in the room.

0:15:51.760 --> 0:15:53.840
<v Speaker 2>But when I did, you know, they said, if you

0:15:53.840 --> 0:15:55.800
<v Speaker 2>get a lawyer, then we can't say that you cooperated.

0:15:56.040 --> 0:15:58.920
<v Speaker 2>Then we sat down and I was sitting in like

0:15:58.960 --> 0:16:01.640
<v Speaker 2>the easy chair in the hotel room, so a comfortable seat,

0:16:01.680 --> 0:16:04.840
<v Speaker 2>and I was tired from work the day before and

0:16:04.880 --> 0:16:07.080
<v Speaker 2>then staying up late doing the homework assignment that they

0:16:07.120 --> 0:16:10.120
<v Speaker 2>asked for and waking up early and to go to

0:16:10.160 --> 0:16:12.960
<v Speaker 2>work before this. So I was sitting in the chair

0:16:13.200 --> 0:16:16.880
<v Speaker 2>and they brought in an FBI agent who specialized in

0:16:16.880 --> 0:16:19.160
<v Speaker 2>this field, and he said, we can do this two ways.

0:16:19.560 --> 0:16:20.920
<v Speaker 2>We can either do it the hard way or the

0:16:21.000 --> 0:16:23.280
<v Speaker 2>easy way. And I said, well, let's do it the

0:16:23.320 --> 0:16:25.000
<v Speaker 2>easy way, and that way you'll know I didn't do

0:16:25.040 --> 0:16:27.280
<v Speaker 2>this and we can get on with our day. So

0:16:27.320 --> 0:16:30.160
<v Speaker 2>he said, well, let's go through the events and emotionally

0:16:30.640 --> 0:16:33.320
<v Speaker 2>talk about how we feel when we were, you know,

0:16:33.400 --> 0:16:35.240
<v Speaker 2>at the bar and when you were drinking, and how

0:16:35.280 --> 0:16:37.840
<v Speaker 2>did you feel when you're walking home with Jamie on

0:16:37.840 --> 0:16:41.360
<v Speaker 2>your arm? And then we got to the part where

0:16:41.960 --> 0:16:43.840
<v Speaker 2>where she was undressed and to take a shower when

0:16:43.840 --> 0:16:45.680
<v Speaker 2>I left her, and they were trying to get into

0:16:45.680 --> 0:16:47.440
<v Speaker 2>how I felt about that, and I was like, well,

0:16:48.280 --> 0:16:50.840
<v Speaker 2>I'm fine. I said, I was helping her out. Now

0:16:50.880 --> 0:16:53.000
<v Speaker 2>I'm leaving. And they said, well, this isn't working. Let's

0:16:53.040 --> 0:16:55.440
<v Speaker 2>do it the hard way. And so they would ask

0:16:55.480 --> 0:17:00.440
<v Speaker 2>me these questions, like direct questions. So what was she

0:17:00.480 --> 0:17:03.440
<v Speaker 2>wearing when you left her? And I said that she

0:17:03.520 --> 0:17:05.240
<v Speaker 2>was in her brawn or underwear to take the shower,

0:17:05.280 --> 0:17:08.840
<v Speaker 2>and they said, no, that's not right. And I remember

0:17:08.920 --> 0:17:11.439
<v Speaker 2>sitting there and I'm like, but she was like, I

0:17:11.480 --> 0:17:17.879
<v Speaker 2>have memories of her. I have memories of what she

0:17:17.960 --> 0:17:20.600
<v Speaker 2>was wearing when I left her.

0:17:21.400 --> 0:17:21.880
<v Speaker 3>She's me.

0:17:24.440 --> 0:17:27.080
<v Speaker 2>And they said, no, that's wrong. And I remember referencing

0:17:27.119 --> 0:17:30.479
<v Speaker 2>back to the photos that they had shown me, and

0:17:30.520 --> 0:17:33.840
<v Speaker 2>one of them was her pants with her underwear inside

0:17:33.840 --> 0:17:36.360
<v Speaker 2>of them, and I was like, well, in my head,

0:17:36.400 --> 0:17:38.200
<v Speaker 2>I said, well, obviously she did take them off at

0:17:38.200 --> 0:17:41.439
<v Speaker 2>some point. So I said in the bathroom, because that's

0:17:41.480 --> 0:17:44.679
<v Speaker 2>where the picture was taken, and her underwear was in

0:17:44.800 --> 0:17:48.760
<v Speaker 2>her pants, so obviously it had happened, even though that's

0:17:48.760 --> 0:17:51.239
<v Speaker 2>not what she looked like when I left her. But

0:17:51.280 --> 0:17:54.480
<v Speaker 2>it was like this wedge that opened up the floodgates

0:17:54.520 --> 0:17:58.320
<v Speaker 2>of me doubting the memories that I had had and

0:17:58.359 --> 0:18:03.080
<v Speaker 2>replacing them with this like multiple choice questioning that they

0:18:03.080 --> 0:18:05.280
<v Speaker 2>were giving me. And if I gave them an answer

0:18:05.320 --> 0:18:07.679
<v Speaker 2>that they didn't like, then they'd say, no, that didn't happen.

0:18:08.520 --> 0:18:11.080
<v Speaker 2>They'd asked me a new question, they didn't like that answer. No,

0:18:11.119 --> 0:18:12.840
<v Speaker 2>that's not how it happened. And I kept kind of

0:18:12.880 --> 0:18:17.400
<v Speaker 2>like winding my way through their questions, trying to make

0:18:17.560 --> 0:18:20.760
<v Speaker 2>all I'd spent a week in the police station in

0:18:20.840 --> 0:18:25.359
<v Speaker 2>Korea after this crime, seeing all of all the crime

0:18:25.400 --> 0:18:28.040
<v Speaker 2>scene photos. I had seen the crime scene itself. We'd

0:18:28.040 --> 0:18:30.000
<v Speaker 2>stayed in the hotel room, and so all these pieces

0:18:30.000 --> 0:18:33.320
<v Speaker 2>had been put together for me to recreate what they

0:18:33.359 --> 0:18:35.159
<v Speaker 2>wanted me to be saying, So.

0:18:36.119 --> 0:18:40.119
<v Speaker 3>Day three, you end up signing this false confession.

0:18:40.320 --> 0:18:43.720
<v Speaker 2>Well, the second day they had the confession, and so

0:18:43.840 --> 0:18:50.040
<v Speaker 2>that night, I know it sounds crazy, I started like

0:18:50.320 --> 0:18:52.639
<v Speaker 2>making it more mine, or making it more real, or

0:18:52.640 --> 0:18:56.159
<v Speaker 2>making it more believable, eve into myself. And so on

0:18:56.200 --> 0:19:00.199
<v Speaker 2>the third day we met back and they want led

0:19:00.280 --> 0:19:03.040
<v Speaker 2>me to narrate that confession, and they wrote it down,

0:19:04.000 --> 0:19:07.080
<v Speaker 2>still guided a little bit with their assistance, like we

0:19:07.560 --> 0:19:10.480
<v Speaker 2>didn't you say something about I think there was a rag?

0:19:10.480 --> 0:19:12.320
<v Speaker 2>Didn't you say something about a rag? And so then

0:19:12.359 --> 0:19:14.679
<v Speaker 2>I would fill that in and then I signed that

0:19:14.720 --> 0:19:17.359
<v Speaker 2>confession and that's the one that they submit it for

0:19:17.440 --> 0:19:18.200
<v Speaker 2>me to be arrested.

0:19:18.560 --> 0:19:21.480
<v Speaker 3>It sounds to me like there's elements here of Stockholm

0:19:21.560 --> 0:19:22.240
<v Speaker 3>syndrome too.

0:19:22.359 --> 0:19:27.720
<v Speaker 5>Now, yes, they didn't just manipulate her compliance, they manipulated

0:19:27.720 --> 0:19:29.560
<v Speaker 5>her memory. It's form of brainwashing.

0:19:30.480 --> 0:19:31.480
<v Speaker 3>And you know, I.

0:19:31.440 --> 0:19:35.280
<v Speaker 5>Think what happened here is the hardest type of false

0:19:35.280 --> 0:19:38.960
<v Speaker 5>confession for anybody to understand. It's one thing to argue

0:19:38.960 --> 0:19:42.600
<v Speaker 5>that I can coerce you by stress, by promises, by

0:19:42.680 --> 0:19:47.200
<v Speaker 5>threats real or implied, to agree to confess to something

0:19:47.200 --> 0:19:51.200
<v Speaker 5>you didn't do. It's a whole other game to argue

0:19:51.280 --> 0:19:53.840
<v Speaker 5>that I cannot only get you to confess, I can

0:19:53.880 --> 0:19:56.680
<v Speaker 5>get you to believe in your guilt. And yet those

0:19:56.760 --> 0:20:02.240
<v Speaker 5>internalized false confessions throughout history, there are several high profile

0:20:02.320 --> 0:20:05.520
<v Speaker 5>cases like it. When I heard what was done to

0:20:05.720 --> 0:20:08.719
<v Speaker 5>Kenzi and the way she internalized the belief in her

0:20:08.760 --> 0:20:11.720
<v Speaker 5>guilt to a point where I read an account Kenzi

0:20:11.800 --> 0:20:15.120
<v Speaker 5>where you said it was like, I have two memories.

0:20:16.160 --> 0:20:19.240
<v Speaker 5>One I think is the real one in color with voices,

0:20:19.280 --> 0:20:21.399
<v Speaker 5>and the other is kind of a black and white film.

0:20:21.440 --> 0:20:23.280
<v Speaker 5>I think was how you put it, yeah.

0:20:23.119 --> 0:20:26.159
<v Speaker 2>Like still's being put together, whereas the other one, like

0:20:26.200 --> 0:20:28.040
<v Speaker 2>you have the emotions attached to them, you know what,

0:20:28.080 --> 0:20:31.720
<v Speaker 2>it felt like, it's more colorful. The other one had

0:20:31.800 --> 0:20:35.200
<v Speaker 2>like clouds around it. As I said, still images being

0:20:35.200 --> 0:20:38.679
<v Speaker 2>put together, like photos. The images that I had in

0:20:38.680 --> 0:20:41.760
<v Speaker 2>my head from what they had worked their way through.

0:20:41.800 --> 0:20:44.400
<v Speaker 2>The confession didn't feel like something. It still didn't feel

0:20:44.480 --> 0:20:46.680
<v Speaker 2>like something that I would ever do. But I didn't

0:20:46.760 --> 0:20:49.840
<v Speaker 2>understand how could I confess to something that I didn't do.

0:20:50.200 --> 0:20:53.200
<v Speaker 3>I gotta ask when in between day one and day two,

0:20:53.320 --> 0:20:55.440
<v Speaker 3>or day two and day three, or at what point

0:20:55.520 --> 0:20:58.520
<v Speaker 3>did you call your dad or your mom or somebody

0:20:58.520 --> 0:21:01.640
<v Speaker 3>that you trust and say, this is going crazy? What's

0:21:01.960 --> 0:21:03.440
<v Speaker 3>I don't know what to do here? I need your help.

0:21:04.200 --> 0:21:06.320
<v Speaker 2>My father and I didn't have the best relationship, but

0:21:06.359 --> 0:21:08.240
<v Speaker 2>he was in Florida and my mom was in Thailand.

0:21:08.680 --> 0:21:10.240
<v Speaker 2>I didn't have anyone to call.

0:21:11.480 --> 0:21:15.720
<v Speaker 3>Well, so you're really all alone. I mean, that's it's

0:21:15.720 --> 0:21:18.040
<v Speaker 3>a tough thing to face, no matter how much support

0:21:18.080 --> 0:21:20.800
<v Speaker 3>you have. But that I think that obviously contributed to it,

0:21:20.840 --> 0:21:23.879
<v Speaker 3>because I have to believe that if you had, especially

0:21:24.119 --> 0:21:27.000
<v Speaker 3>you know, parents, you know, who were educated as you did,

0:21:27.680 --> 0:21:30.320
<v Speaker 3>I would certainly hope that they would have intervened. But

0:21:30.359 --> 0:21:31.679
<v Speaker 3>this is really the perfect storm.

0:21:31.840 --> 0:21:34.040
<v Speaker 5>And did they ask you not to talk to anyone

0:21:34.119 --> 0:21:35.840
<v Speaker 5>between days or after?

0:21:36.280 --> 0:21:38.159
<v Speaker 2>On the third day after the confession, they asked me

0:21:38.200 --> 0:21:40.480
<v Speaker 2>not to talk about it to anyone because they didn't

0:21:40.480 --> 0:21:42.920
<v Speaker 2>even know if I could be if anything could happen

0:21:42.960 --> 0:21:45.600
<v Speaker 2>with this. The FBI, they then had to go to

0:21:45.720 --> 0:21:49.080
<v Speaker 2>Korea with a confession and say, hey, we have a confession.

0:21:49.480 --> 0:21:51.239
<v Speaker 2>What do you want to do with this? Do you

0:21:51.280 --> 0:21:53.959
<v Speaker 2>want this person to come back to Korea to go

0:21:54.040 --> 0:21:57.840
<v Speaker 2>to trial to possibly face you know, time for a

0:21:57.880 --> 0:22:01.359
<v Speaker 2>crime that was committed on your soil. Come to find out,

0:22:01.400 --> 0:22:03.200
<v Speaker 2>they didn't really even have permission to come and speak

0:22:03.240 --> 0:22:05.520
<v Speaker 2>with me. It was still a Korean case and they

0:22:05.520 --> 0:22:09.080
<v Speaker 2>shouldn't have been talking to me. So after the confession,

0:22:09.080 --> 0:22:12.119
<v Speaker 2>that's why it took me about three weeks to get

0:22:12.200 --> 0:22:15.920
<v Speaker 2>arrested because everything took so long, asking for permission, coming

0:22:15.960 --> 0:22:17.840
<v Speaker 2>back and saying well, why were you even talking to her?

0:22:18.440 --> 0:22:21.000
<v Speaker 2>And so I wasn't arrested until February twenty eight, even

0:22:21.000 --> 0:22:24.760
<v Speaker 2>though this interrogational questioning happened February sixth.

0:22:24.640 --> 0:22:28.480
<v Speaker 5>And in that time, you didn't talk to parents, friends,

0:22:28.480 --> 0:22:29.879
<v Speaker 5>counselor lawyer.

0:22:29.960 --> 0:22:30.600
<v Speaker 3>It's amazing.

0:22:30.800 --> 0:22:33.560
<v Speaker 5>So all those external reality cues that will normally rerain

0:22:33.600 --> 0:22:35.280
<v Speaker 5>you in she didn't have those.

0:22:36.080 --> 0:22:39.080
<v Speaker 2>No, my friends knew that I was upset. I mean

0:22:39.119 --> 0:22:41.360
<v Speaker 2>after the confession, they gave me a bottle of water

0:22:41.400 --> 0:22:43.800
<v Speaker 2>and a Snickers bar, and so I'm holding on this

0:22:43.880 --> 0:22:45.920
<v Speaker 2>Snicker for hours, and I went to a friend's house

0:22:45.960 --> 0:22:48.000
<v Speaker 2>and I was just sitting on their couch. But I

0:22:48.000 --> 0:22:50.000
<v Speaker 2>couldn't tell them.

0:22:50.160 --> 0:22:53.399
<v Speaker 3>I mean, here, you are a young girl nineteen, right,

0:22:53.520 --> 0:22:57.560
<v Speaker 3>overwhelmed with three FBI agents, right, And when you say FBI,

0:22:57.720 --> 0:22:59.919
<v Speaker 3>I think all of us feel like WHOA Like FBI's

0:23:00.040 --> 0:23:02.639
<v Speaker 3>still carries that connotation, even while we know they're flawed

0:23:02.680 --> 0:23:06.159
<v Speaker 3>human beings like everyone else, but their FBI agents. We

0:23:06.200 --> 0:23:08.280
<v Speaker 3>want to believe in the FBI. We want to believe

0:23:08.320 --> 0:23:12.120
<v Speaker 3>that they are you know, good, Yeah, you know, like honorable,

0:23:12.280 --> 0:23:16.920
<v Speaker 3>higher standard everything else. Right, But we know from when

0:23:16.960 --> 0:23:18.640
<v Speaker 3>Saul and I were talking, we were all talking about

0:23:18.640 --> 0:23:20.560
<v Speaker 3>this before we came in the studio. We know from

0:23:20.600 --> 0:23:23.680
<v Speaker 3>examples like the Madrid bombing and others that important to

0:23:24.040 --> 0:23:26.120
<v Speaker 3>note that in the Madrid bombing case, and they ended

0:23:26.160 --> 0:23:29.919
<v Speaker 3>up arresting a lawyer from Oregon and the FBI claimed

0:23:29.920 --> 0:23:31.639
<v Speaker 3>they had their man and the fingerprints, manch and all

0:23:31.640 --> 0:23:33.679
<v Speaker 3>this other stuff, and turnouty'd never been to Madrid and

0:23:33.760 --> 0:23:37.680
<v Speaker 3>he was acquitted. They can be as dead wrong as anyone.

0:23:37.920 --> 0:23:40.239
<v Speaker 3>And there's tons of proof of this now. I mean,

0:23:40.280 --> 0:23:42.920
<v Speaker 3>there's that study that came out of several years ago,

0:23:43.000 --> 0:23:46.000
<v Speaker 3>right about the hair analysis. Yes, and do you want

0:23:46.040 --> 0:23:47.239
<v Speaker 3>to talk about that for a second, because I think

0:23:47.240 --> 0:23:48.840
<v Speaker 3>while we're on the subject of a FBI, let's get

0:23:48.840 --> 0:23:50.640
<v Speaker 3>that off our chest. Yeah.

0:23:50.680 --> 0:23:54.520
<v Speaker 5>Well, you know, it's interesting when when police, including the FBI,

0:23:54.720 --> 0:23:58.520
<v Speaker 5>form a judgment a presumption of guilt, it biases the

0:23:58.520 --> 0:24:00.920
<v Speaker 5>way they view other kinds of evidence. And in fact,

0:24:00.960 --> 0:24:04.000
<v Speaker 5>there's a whole lot of research now that psychologists have

0:24:04.040 --> 0:24:06.240
<v Speaker 5>done in the laboratory and in the field showing that

0:24:06.359 --> 0:24:11.120
<v Speaker 5>when you bring forensic examiners in and insert a presumption

0:24:11.200 --> 0:24:14.440
<v Speaker 5>of guilt or presumption of innocence into their analysis, whether

0:24:14.480 --> 0:24:17.639
<v Speaker 5>that analysis is to make a handwriting judgment or a

0:24:17.640 --> 0:24:21.879
<v Speaker 5>fingerprint judgment, or a judgment about tire tracks or bite marks.

0:24:22.640 --> 0:24:25.840
<v Speaker 5>You can alter their judgment by giving them contextual information.

0:24:26.160 --> 0:24:30.640
<v Speaker 5>Do those two stimulus patterns match well? If the suspect

0:24:30.720 --> 0:24:35.280
<v Speaker 5>confess they did? And so what happened in Kenzie's case,

0:24:35.480 --> 0:24:38.360
<v Speaker 5>in some ways is even worse. There was no physical

0:24:38.400 --> 0:24:41.520
<v Speaker 5>evidence that linked her. In fact, there was every indication

0:24:41.960 --> 0:24:45.240
<v Speaker 5>that there were one or two men involved in this murder.

0:24:45.960 --> 0:24:49.040
<v Speaker 5>Male voices were heard screaming at about the time of

0:24:49.080 --> 0:24:52.760
<v Speaker 5>the murder, A male was seen running from the motel

0:24:53.000 --> 0:24:57.040
<v Speaker 5>with blood on his pants at about that time. There

0:24:57.080 --> 0:25:00.439
<v Speaker 5>was every indication that this was a crime, and a

0:25:00.480 --> 0:25:03.359
<v Speaker 5>man to go back to Kenzi a year later because

0:25:03.400 --> 0:25:06.400
<v Speaker 5>they failed to solve the crime just made no sense.

0:25:06.440 --> 0:25:09.480
<v Speaker 5>There was no physical evidence. When you look at the

0:25:09.520 --> 0:25:11.959
<v Speaker 5>photos of the crime scene and how bloody it was,

0:25:12.600 --> 0:25:16.320
<v Speaker 5>it's inconceivable that that could have happened and not a

0:25:16.359 --> 0:25:20.159
<v Speaker 5>trace of that blood remained on her clothing. Inconceivable.

0:25:20.560 --> 0:25:23.520
<v Speaker 2>I was in the exact same clothes while I was

0:25:23.520 --> 0:25:25.840
<v Speaker 2>in the police station in Korea, from the night before.

0:25:25.960 --> 0:25:27.880
<v Speaker 2>It was in the same clothes, and I didn't have

0:25:27.960 --> 0:25:29.800
<v Speaker 2>any blood on my pants, or I wouldn't have been

0:25:29.840 --> 0:25:32.159
<v Speaker 2>able to leave Korea in the first place. Not to

0:25:32.240 --> 0:25:34.760
<v Speaker 2>mention my shoes, I only had one pair of shoes

0:25:34.760 --> 0:25:36.520
<v Speaker 2>with me in Korea, and I was wearing them the

0:25:36.680 --> 0:25:38.720
<v Speaker 2>entire time. I was in the police station and with

0:25:38.800 --> 0:25:41.560
<v Speaker 2>the Army CID, and they still let me leave the country.

0:25:41.600 --> 0:25:43.159
<v Speaker 2>And only a year later did they come back and

0:25:43.200 --> 0:25:43.600
<v Speaker 2>talk to me.

0:25:44.240 --> 0:25:46.840
<v Speaker 5>So there was no physical evidence, There were no witnesses.

0:25:47.280 --> 0:25:50.920
<v Speaker 5>Kenzie had no background of violence. She was a class

0:25:50.960 --> 0:25:54.800
<v Speaker 5>A student aspiring to be a teacher. There was absolutely

0:25:54.920 --> 0:25:58.480
<v Speaker 5>no basis for suspicion when they called her out of

0:25:58.520 --> 0:26:00.600
<v Speaker 5>the blue to talk to her in West Vine, Virginia.

0:26:00.920 --> 0:26:02.840
<v Speaker 3>And not only was there I mean we say there's

0:26:02.840 --> 0:26:06.359
<v Speaker 3>absence of evidence, there actually was evidence in the opposite direction, right,

0:26:06.440 --> 0:26:07.960
<v Speaker 3>I mean you could say that if there's no blood

0:26:08.000 --> 0:26:10.280
<v Speaker 3>on your clothes and you're accused of beating someone to death,

0:26:10.760 --> 0:26:14.000
<v Speaker 3>that should be dispositive, right, that should actually be like, Okay, well,

0:26:14.080 --> 0:26:16.399
<v Speaker 3>let's rule her out and keep it moving and go

0:26:16.440 --> 0:26:17.320
<v Speaker 3>find out who did this.

0:26:17.520 --> 0:26:21.000
<v Speaker 5>And just for the record, Korean police working with Army

0:26:21.040 --> 0:26:24.239
<v Speaker 5>investigators because there were a lot of military guys in

0:26:24.280 --> 0:26:27.639
<v Speaker 5>the bars that night and nearby that motel. So the

0:26:27.800 --> 0:26:31.240
<v Speaker 5>army investigators became involved along with Korean police, and they

0:26:31.280 --> 0:26:34.520
<v Speaker 5>did dismiss Kenzie as a suspect. It was over when

0:26:34.520 --> 0:26:37.000
<v Speaker 5>she went home. It was one year later when the

0:26:37.080 --> 0:26:40.560
<v Speaker 5>FBI became involved that suddenly everything changed.

0:26:40.640 --> 0:26:45.960
<v Speaker 3>Do you think that anyone, or all three or none

0:26:45.960 --> 0:26:49.920
<v Speaker 3>of the FBI agents believed going into that room that

0:26:49.960 --> 0:26:54.160
<v Speaker 3>she was guilty?

0:26:54.359 --> 0:26:57.520
<v Speaker 5>The human mind is an interesting thing. I'm not a

0:26:57.560 --> 0:27:03.240
<v Speaker 5>mind reader. I don't know whether they were coldheartedly closing

0:27:03.240 --> 0:27:07.680
<v Speaker 5>a case without any regard for the truth, or whether

0:27:07.840 --> 0:27:12.399
<v Speaker 5>they had convinced themselves through their investigation that, in fact,

0:27:12.480 --> 0:27:17.359
<v Speaker 5>she must be the culprit. I don't know the same

0:27:17.440 --> 0:27:22.600
<v Speaker 5>mechanisms you described earlier that led the FBI to misidentify

0:27:23.440 --> 0:27:28.480
<v Speaker 5>fingerprints in the Madrid bomber case led these agents to

0:27:28.520 --> 0:27:32.359
<v Speaker 5>misidentify her as their suspect. And once a presumption of

0:27:32.440 --> 0:27:36.400
<v Speaker 5>guilt kicks in, what happens next is anybody's guests. They

0:27:36.400 --> 0:27:38.080
<v Speaker 5>can make that reality their own.

0:27:39.160 --> 0:27:41.679
<v Speaker 3>And Kenzie, I know this is difficult for you to

0:27:41.720 --> 0:27:44.120
<v Speaker 3>talk about even now, eighteen years later, and I mean,

0:27:44.359 --> 0:27:46.399
<v Speaker 3>I can understand that as well as someone can understand

0:27:46.440 --> 0:27:50.120
<v Speaker 3>it who hasn't been through it. But you were then

0:27:50.359 --> 0:27:53.280
<v Speaker 3>arrested three weeks later and taken to jail.

0:27:53.480 --> 0:27:53.880
<v Speaker 2>Correct.

0:27:54.160 --> 0:27:57.000
<v Speaker 3>Here you are one day, you're working with troubled kids,

0:27:57.560 --> 0:28:00.320
<v Speaker 3>making your way in the world, dealing with the normal

0:28:00.400 --> 0:28:02.840
<v Speaker 3>stresses of a twenty year old. I'm sure you know

0:28:02.960 --> 0:28:05.800
<v Speaker 3>doing good, right, more so than I was in your age.

0:28:05.880 --> 0:28:08.240
<v Speaker 3>And the next thing you know, you're in jail for

0:28:08.280 --> 0:28:09.919
<v Speaker 3>something you didn't do, but you don't even know if

0:28:09.920 --> 0:28:12.000
<v Speaker 3>you did it anymore. I mean, what And you were

0:28:12.000 --> 0:28:13.200
<v Speaker 3>there for ten months, right?

0:28:13.320 --> 0:28:16.879
<v Speaker 2>I was there for ten months, which allowed me to

0:28:17.920 --> 0:28:19.840
<v Speaker 2>It was a long time, but it allowed me to

0:28:19.960 --> 0:28:25.520
<v Speaker 2>kind of separate those memories from and get more confident

0:28:25.520 --> 0:28:27.240
<v Speaker 2>in the fact that I know that the memories that

0:28:27.280 --> 0:28:29.360
<v Speaker 2>I had going into that hotel room that day are

0:28:29.400 --> 0:28:32.040
<v Speaker 2>the real memories. And I was able to separate a

0:28:32.040 --> 0:28:34.840
<v Speaker 2>little bit from that confession, but it still wasn't complete.

0:28:34.840 --> 0:28:36.800
<v Speaker 2>Even by the time of the extradition hearing, I still

0:28:36.840 --> 0:28:41.280
<v Speaker 2>hadn't completely removed that understanding that the confession wasn't real.

0:28:41.360 --> 0:28:43.800
<v Speaker 2>And I think at my hearing, I think I said

0:28:43.840 --> 0:28:45.960
<v Speaker 2>something along the lines of not by the memories that

0:28:46.000 --> 0:28:47.840
<v Speaker 2>I hold true when they asked me if the confession

0:28:47.920 --> 0:28:51.200
<v Speaker 2>was real, so I still had some cloud around it.

0:28:51.480 --> 0:28:52.040
<v Speaker 3>And so the.

0:28:51.960 --> 0:28:56.600
<v Speaker 2>Extradition hearing itself that happened actually in October of that year,

0:28:57.280 --> 0:29:00.920
<v Speaker 2>was basically just asking was Kinsey Snyder in Korea at

0:29:00.960 --> 0:29:03.800
<v Speaker 2>the time, so it's not even a guilt or innocence. Yes,

0:29:03.880 --> 0:29:06.000
<v Speaker 2>I was in Korea. So then you are sent over

0:29:06.080 --> 0:29:09.160
<v Speaker 2>to Korea itself and then you go through their legal proceedings.

0:29:09.840 --> 0:29:12.560
<v Speaker 2>And it wasn't until I went back to Korea now

0:29:12.720 --> 0:29:15.720
<v Speaker 2>after the extradition, and they wanted me to reenact some

0:29:16.400 --> 0:29:19.200
<v Speaker 2>of the images. The Korean police wanted me to go

0:29:19.240 --> 0:29:22.160
<v Speaker 2>back to the hotel room and reenact the confession. And

0:29:22.200 --> 0:29:24.920
<v Speaker 2>I walked into the hotel room, and at that point

0:29:24.960 --> 0:29:27.920
<v Speaker 2>I knew one hundred percent that that confession was completely wrong,

0:29:27.960 --> 0:29:31.120
<v Speaker 2>and I didn't do it because none of the still

0:29:31.160 --> 0:29:34.840
<v Speaker 2>images that I had in my head matched that hotel

0:29:34.920 --> 0:29:38.400
<v Speaker 2>room in the way that confession worked out didn't make

0:29:38.440 --> 0:29:42.040
<v Speaker 2>any sense anymore. And so at that point I felt

0:29:42.080 --> 0:29:45.240
<v Speaker 2>a lot more empowered, a lot more confident again, a

0:29:45.280 --> 0:29:48.480
<v Speaker 2>lot stronger. And the Korean police didn't like that so

0:29:48.560 --> 0:29:51.560
<v Speaker 2>much because they were really hoping I would reconfess in Korea,

0:29:52.440 --> 0:29:54.840
<v Speaker 2>and they got mad at me because you had a

0:29:54.880 --> 0:29:56.960
<v Speaker 2>ten day period where you were talking to the police

0:29:56.960 --> 0:29:59.840
<v Speaker 2>again and they were going over the evidence again and reinterviewing,

0:30:00.840 --> 0:30:04.040
<v Speaker 2>and they really wanted a confession then, and they kept

0:30:04.080 --> 0:30:06.800
<v Speaker 2>asking me, well, when did you do this? And I

0:30:06.840 --> 0:30:08.840
<v Speaker 2>said I didn't. I did not kill Jamie. And at

0:30:08.880 --> 0:30:11.600
<v Speaker 2>one point one of the police officers said, well, quld

0:30:11.640 --> 0:30:14.440
<v Speaker 2>say that? Say something different? Because I was as I said,

0:30:14.440 --> 0:30:17.200
<v Speaker 2>I felt more in control again at that point, and

0:30:17.280 --> 0:30:19.880
<v Speaker 2>I refused, even though they told me that if I

0:30:19.960 --> 0:30:22.280
<v Speaker 2>confessed again at this point, it would be easier on

0:30:22.400 --> 0:30:24.640
<v Speaker 2>me and I would probably only be looking at seven

0:30:24.720 --> 0:30:26.959
<v Speaker 2>or eight years versus looking at the death penalty if

0:30:26.960 --> 0:30:30.600
<v Speaker 2>I went to trial and I lost. But I didn't

0:30:30.600 --> 0:30:35.040
<v Speaker 2>want to lose that control again. I have to look

0:30:35.040 --> 0:30:37.040
<v Speaker 2>at myself every day in the mirror, and I couldn't

0:30:37.080 --> 0:30:44.959
<v Speaker 2>lie again, and I knew that confession was a lie.

0:30:50.360 --> 0:30:53.880
<v Speaker 3>So were you in custody in South Korea? Yes, And

0:30:53.960 --> 0:30:56.040
<v Speaker 3>that's got to be I.

0:30:56.080 --> 0:31:00.600
<v Speaker 2>Can't imagine it's not being in jail in the United States.

0:31:00.720 --> 0:31:04.240
<v Speaker 2>We don't treat our inmates like their people, and so

0:31:04.400 --> 0:31:06.560
<v Speaker 2>when I got to go to Korea while it was different,

0:31:07.320 --> 0:31:09.240
<v Speaker 2>and that's something I would want to do again. There's

0:31:09.240 --> 0:31:11.719
<v Speaker 2>still a sense of humanity in their prisons, in their jails.

0:31:13.000 --> 0:31:16.440
<v Speaker 3>Interesting, Yeah, that's well said. We don't treat our inmates

0:31:16.480 --> 0:31:18.920
<v Speaker 3>like their people. We flip a switch. As soon as

0:31:18.920 --> 0:31:21.800
<v Speaker 3>you're in the system. You're no longer human.

0:31:21.960 --> 0:31:22.880
<v Speaker 2>You're just a number now.

0:31:23.120 --> 0:31:26.880
<v Speaker 3>Yeah, And it's weird because if that's the right way

0:31:26.920 --> 0:31:29.480
<v Speaker 3>to do it, then we have to ascribe to the

0:31:29.480 --> 0:31:33.840
<v Speaker 3>theory that Americans are worse people than any other people

0:31:33.880 --> 0:31:36.400
<v Speaker 3>in the world, right, that were among the most evil

0:31:36.440 --> 0:31:38.080
<v Speaker 3>people in the world, and that we need to be

0:31:38.560 --> 0:31:41.920
<v Speaker 3>treated like subhumans. But it starts before you're convicted.

0:31:42.200 --> 0:31:45.040
<v Speaker 2>Well, it even starts in the jails. If we believe

0:31:45.080 --> 0:31:47.880
<v Speaker 2>that you're innocent and to proven guilty, then if you

0:31:47.920 --> 0:31:49.760
<v Speaker 2>want to treat people like they're not people, that should

0:31:49.800 --> 0:31:51.360
<v Speaker 2>be in prisons, if you're going to do it at all,

0:31:51.400 --> 0:31:54.280
<v Speaker 2>I'm not saying you should. But in jail, supposedly you're innocent.

0:31:54.960 --> 0:31:56.400
<v Speaker 2>So then why are we starting then.

0:31:57.000 --> 0:31:58.640
<v Speaker 3>Well, you shouldn't. It should never start.

0:31:58.720 --> 0:31:59.400
<v Speaker 2>You shouldn't start.

0:31:59.440 --> 0:32:01.640
<v Speaker 3>I mean, I think there's more and more awareness of

0:32:01.680 --> 0:32:04.880
<v Speaker 3>that now and there's a lot of movement with correction

0:32:04.920 --> 0:32:07.760
<v Speaker 3>officials going to European countries and learning about how they

0:32:07.760 --> 0:32:09.520
<v Speaker 3>did over there, and there's a reason why their recidivism

0:32:09.600 --> 0:32:11.720
<v Speaker 3>rate is a tiny fraction of arts. It's because they

0:32:11.720 --> 0:32:14.840
<v Speaker 3>treat their people who are incarcerate over there like human

0:32:14.840 --> 0:32:16.880
<v Speaker 3>beings and they come out and what do you know,

0:32:17.280 --> 0:32:21.880
<v Speaker 3>they adapt better and they end up not reoffending. And yeah,

0:32:21.880 --> 0:32:24.120
<v Speaker 3>but that's, like I said, that's a whole other subject.

0:32:24.400 --> 0:32:27.680
<v Speaker 3>So it's interesting that you went back to the room

0:32:27.720 --> 0:32:30.760
<v Speaker 3>where this gruesome crime occurred and that's what really crystallized

0:32:30.800 --> 0:32:32.880
<v Speaker 3>in your mind that you could not have done this.

0:32:33.800 --> 0:32:38.120
<v Speaker 3>It's just fascinating as to how the brain works. And

0:32:38.240 --> 0:32:41.240
<v Speaker 3>doesn't you know. I'm reading this wonderful book called Burned.

0:32:41.280 --> 0:32:43.400
<v Speaker 3>I mean, it's wonderful. It's terrible also, but it's an

0:32:43.400 --> 0:32:47.160
<v Speaker 3>amazing book by Pulitzer Prize winning author and Them Humes,

0:32:48.400 --> 0:32:51.680
<v Speaker 3>and it's about an arson case, terrible case Juliane Taylor

0:32:51.840 --> 0:32:56.360
<v Speaker 3>in California. But in it he talks about memory and

0:32:56.400 --> 0:32:58.800
<v Speaker 3>how it can be manipulated. And you know, one of

0:32:58.800 --> 0:33:00.560
<v Speaker 3>the things I read was either there in New Yorker

0:33:00.600 --> 0:33:05.240
<v Speaker 3>story about the Nebraska case. Recently where six people falsely

0:33:05.240 --> 0:33:08.240
<v Speaker 3>confessed to the brutal rape and murder of an old woman,

0:33:08.960 --> 0:33:11.719
<v Speaker 3>and many of them, I think all but one, actually

0:33:11.720 --> 0:33:14.080
<v Speaker 3>came to believe that they did it, even though DNA

0:33:14.240 --> 0:33:16.400
<v Speaker 3>proved with an error rate. They said in the article

0:33:16.400 --> 0:33:20.320
<v Speaker 3>of one to nine hundred and fifty one quintillion that

0:33:20.400 --> 0:33:24.600
<v Speaker 3>the actual killer was a serial rapist murderer. But there's

0:33:24.640 --> 0:33:26.840
<v Speaker 3>a couple of them that's still even after an apology,

0:33:26.840 --> 0:33:29.840
<v Speaker 3>an official apology from the Attorney General of Nebraska, which

0:33:29.840 --> 0:33:32.080
<v Speaker 3>those are hard to come by, some of them still

0:33:32.080 --> 0:33:34.440
<v Speaker 3>believe that they had something to do with this because

0:33:34.480 --> 0:33:37.760
<v Speaker 3>they've been so totally brainwashed. But what I did read

0:33:37.840 --> 0:33:40.600
<v Speaker 3>is that I think they said that some statistic like

0:33:40.680 --> 0:33:43.720
<v Speaker 3>seventy percent of people can be manipulate. I don't know

0:33:43.720 --> 0:33:46.280
<v Speaker 3>how they figured this out into believing that a false

0:33:46.320 --> 0:33:49.080
<v Speaker 3>memory is real. You know, that's a scary number.

0:33:49.680 --> 0:33:54.000
<v Speaker 5>Under the right or wrong circumstances, you can get almost

0:33:54.040 --> 0:33:57.080
<v Speaker 5>anybody to do that. You know, you're referring to the

0:33:57.080 --> 0:34:00.400
<v Speaker 5>beatro six case, which is dramatic for a a whole

0:34:00.400 --> 0:34:04.480
<v Speaker 5>different reason. Kenzi eventually gave up on that memory, and

0:34:04.520 --> 0:34:06.520
<v Speaker 5>I think it's interesting as to how it happened, but

0:34:06.600 --> 0:34:11.359
<v Speaker 5>eventually she came to grasp reality again in the Beatrice six,

0:34:11.400 --> 0:34:15.360
<v Speaker 5>as you said, right on through being exonerated and receiving

0:34:15.360 --> 0:34:18.480
<v Speaker 5>an apology. There was a precious quote when that first

0:34:18.520 --> 0:34:22.560
<v Speaker 5>happened from one of those exoneries. She said something like, Wow,

0:34:22.640 --> 0:34:25.480
<v Speaker 5>I guess I didn't do this, because right to that

0:34:25.600 --> 0:34:28.880
<v Speaker 5>moment she continued to believe that she did it. And

0:34:28.960 --> 0:34:32.759
<v Speaker 5>so that's how powerful that process can be. And when

0:34:32.760 --> 0:34:36.080
<v Speaker 5>you look at a case like Kenzie's, they were drinking

0:34:36.120 --> 0:34:39.359
<v Speaker 5>that night, there was a lot going on. It was confusing.

0:34:39.800 --> 0:34:42.640
<v Speaker 5>It was a year ago now, and then the FBI

0:34:42.800 --> 0:34:47.040
<v Speaker 5>comes in and they start to mischaracterize the evidence and

0:34:47.080 --> 0:34:50.319
<v Speaker 5>it's confusing to her and she can't find a way

0:34:50.360 --> 0:34:54.520
<v Speaker 5>to bridge their version of reality, their version of the facts,

0:34:55.160 --> 0:34:58.440
<v Speaker 5>with her lack of memory of their version. She has

0:34:58.480 --> 0:35:02.399
<v Speaker 5>a different memory. And I believe they actually assisted you

0:35:02.480 --> 0:35:05.200
<v Speaker 5>in terms of how to bridge their version of the

0:35:05.239 --> 0:35:06.440
<v Speaker 5>facts with your memory.

0:35:07.400 --> 0:35:09.640
<v Speaker 2>Yeah, they said, the person who had done this may

0:35:09.680 --> 0:35:12.080
<v Speaker 2>have been feeling really guilty, but they may not have

0:35:12.120 --> 0:35:14.520
<v Speaker 2>any memory of it because it was too traumatic and

0:35:14.560 --> 0:35:16.680
<v Speaker 2>so the brain would have suppressed it. So to help

0:35:16.719 --> 0:35:19.160
<v Speaker 2>them let go of that guilt, and feel better. They

0:35:19.160 --> 0:35:19.880
<v Speaker 2>should confess.

0:35:21.000 --> 0:35:23.279
<v Speaker 3>That's what they did. In the Beatrix six case. Many

0:35:23.320 --> 0:35:25.760
<v Speaker 3>of those people the accused had been abused as children,

0:35:25.800 --> 0:35:27.440
<v Speaker 3>and they said, you're blocking it out the same way

0:35:27.480 --> 0:35:30.840
<v Speaker 3>you blocked out the abuse. I mean, they played on that.

0:35:30.840 --> 0:35:34.040
<v Speaker 3>That's a really sick way to go, right, to sort

0:35:34.040 --> 0:35:37.200
<v Speaker 3>of re traumatize. I mean, I don't even know what

0:35:37.239 --> 0:35:41.040
<v Speaker 3>the word is from that, but yeah, it's crazy because

0:35:41.120 --> 0:35:43.640
<v Speaker 3>I think most people listening at home or probably over

0:35:43.680 --> 0:35:46.040
<v Speaker 3>in their cars whatever, probably like, well, I could see

0:35:46.520 --> 0:35:50.600
<v Speaker 3>confusing or having a memory lapse or you know about

0:35:50.719 --> 0:35:55.520
<v Speaker 3>some mundane type of thing. But it's really crazy to

0:35:55.600 --> 0:35:58.840
<v Speaker 3>think how someone could be led to believe that they

0:35:59.160 --> 0:36:01.759
<v Speaker 3>someone who's never done anything violent in their life, could

0:36:01.800 --> 0:36:04.359
<v Speaker 3>be led to believe that they beat and stomped their

0:36:04.440 --> 0:36:07.400
<v Speaker 3>roommate to death. That is really scary. And we know

0:36:07.719 --> 0:36:10.279
<v Speaker 3>the malleability of memory and the influence. What you were

0:36:10.320 --> 0:36:12.800
<v Speaker 3>talking about before, which I think is such an important

0:36:12.800 --> 0:36:16.360
<v Speaker 3>point and why we need to have, you know, objective

0:36:16.719 --> 0:36:20.879
<v Speaker 3>analysts at every phase of testing, forensic testing, et cetera,

0:36:20.920 --> 0:36:24.400
<v Speaker 3>et cetera, is that we know from every area of life,

0:36:24.480 --> 0:36:26.920
<v Speaker 3>right if you even when it comes to like I

0:36:26.920 --> 0:36:29.480
<v Speaker 3>saw a movie about wine. I think it was Bottle

0:36:29.480 --> 0:36:31.440
<v Speaker 3>Shock or something right, where they did that test where

0:36:31.440 --> 0:36:34.839
<v Speaker 3>they blindfolded something well famous somoliers, and they gave them

0:36:34.880 --> 0:36:37.799
<v Speaker 3>like seven dollars wine and they gave them like the

0:36:37.840 --> 0:36:40.959
<v Speaker 3>top wine from Italy or France, and they couldn't tell

0:36:41.000 --> 0:36:42.919
<v Speaker 3>which was which. Someone couldn't tell if it was white

0:36:43.000 --> 0:36:46.239
<v Speaker 3>or red with the blindfold because they told them. And

0:36:46.320 --> 0:36:49.719
<v Speaker 3>so we know that that wine tastes. And I'll get

0:36:49.800 --> 0:36:52.600
<v Speaker 3>letters from the the Vintnor's Association, right, But we know

0:36:52.640 --> 0:36:55.560
<v Speaker 3>that wine taste about as good as you expected to write.

0:36:55.600 --> 0:36:58.440
<v Speaker 3>And we know that tilanol works better than regular aspirin

0:36:58.560 --> 0:37:00.879
<v Speaker 3>if you know it's tilanol, right, And here I come

0:37:00.880 --> 0:37:03.840
<v Speaker 3>with another loss, so you'll have to defend me anyway.

0:37:04.160 --> 0:37:08.160
<v Speaker 3>So two of the most persuasive pieces of quote unquote

0:37:08.160 --> 0:37:11.480
<v Speaker 3>evidence that can be and are presented in courtrooms thousands

0:37:11.520 --> 0:37:14.399
<v Speaker 3>and thousands cents one thousand times a day, are confessions

0:37:15.000 --> 0:37:17.880
<v Speaker 3>and even more so I was identification. That's not the

0:37:17.960 --> 0:37:20.879
<v Speaker 3>case here, Ironically, those are two of the most unreliable

0:37:20.920 --> 0:37:24.600
<v Speaker 3>forms of evidence that there can be. So I guess

0:37:24.640 --> 0:37:28.920
<v Speaker 3>what I want to ask is for everyone that's listening,

0:37:29.320 --> 0:37:31.480
<v Speaker 3>and people have heard me say this before. Everyone that's

0:37:31.480 --> 0:37:34.360
<v Speaker 3>listening to us right now, at some point in the

0:37:34.400 --> 0:37:37.040
<v Speaker 3>future is going to get a jury duty notice, and

0:37:37.120 --> 0:37:40.280
<v Speaker 3>after they get over the initial grumpiness about having received

0:37:40.280 --> 0:37:43.040
<v Speaker 3>that thing in the mail, they're going to hopefully go

0:37:43.080 --> 0:37:46.680
<v Speaker 3>and show up and do their duty. And we know

0:37:46.760 --> 0:37:50.000
<v Speaker 3>that there have been cases like Jeffrey Dskovics, where there

0:37:50.000 --> 0:37:53.920
<v Speaker 3>were jurors who were swayed by his false confession so

0:37:54.040 --> 0:37:58.200
<v Speaker 3>much so that they disregarded scientific proof that was presented

0:37:58.239 --> 0:38:02.920
<v Speaker 3>at his original trial that proved without any doubt that

0:38:03.000 --> 0:38:05.920
<v Speaker 3>he could not have committed this brutal rape and murder

0:38:05.920 --> 0:38:08.560
<v Speaker 3>of a fifteen year old girl, and they convicted him anyway.

0:38:09.120 --> 0:38:14.719
<v Speaker 3>So that's an extreme case. But four jurors, when they're

0:38:14.719 --> 0:38:17.480
<v Speaker 3>in a courtroom and there's a confession, and they're up

0:38:17.480 --> 0:38:21.240
<v Speaker 3>there and they're saying nothing else, this defense attorney says

0:38:21.280 --> 0:38:26.319
<v Speaker 3>matters because this person is confessed, and therefore you have

0:38:26.360 --> 0:38:31.200
<v Speaker 3>to convict. How can somebody who's not a psychologist or

0:38:31.200 --> 0:38:35.520
<v Speaker 3>a trained expert in criminal justice, how can they interpret

0:38:35.520 --> 0:38:38.000
<v Speaker 3>that information? How can they make a better decision.

0:38:38.400 --> 0:38:41.600
<v Speaker 5>They need to understand what the sound and sight of

0:38:41.640 --> 0:38:45.880
<v Speaker 5>a false confession really is. For example, here's one single

0:38:45.920 --> 0:38:49.200
<v Speaker 5>statistic that should scare the hell out of everybody, and

0:38:49.280 --> 0:38:52.160
<v Speaker 5>it is the fact that ninety five percent of known

0:38:52.320 --> 0:38:56.000
<v Speaker 5>false confessions taken right out of the DNA exoneration case

0:38:56.000 --> 0:38:59.640
<v Speaker 5>files of the Innocence Project, ninety five percent of known

0:38:59.719 --> 0:39:04.040
<v Speaker 5>fault confessions contained facts about the crime that were spot

0:39:04.120 --> 0:39:08.440
<v Speaker 5>on accurate that the public didn't know about. And so

0:39:08.560 --> 0:39:11.759
<v Speaker 5>what happens when a jury comes into the courtroom and

0:39:11.760 --> 0:39:14.520
<v Speaker 5>they've got a defendant who said I'm innocent. They coerced

0:39:14.560 --> 0:39:18.440
<v Speaker 5>my statement. The jury can understand the notion of coercion,

0:39:19.000 --> 0:39:22.200
<v Speaker 5>but they ultimately come down to this question, Well, he

0:39:22.239 --> 0:39:26.200
<v Speaker 5>says he's innocent, but then how did he know those things? Well,

0:39:26.239 --> 0:39:28.680
<v Speaker 5>you know what, they don't know how he knowed those

0:39:28.719 --> 0:39:32.800
<v Speaker 5>things unless they can see an entire recording from start

0:39:32.800 --> 0:39:36.560
<v Speaker 5>to finish of every transaction between the police and the suspect.

0:39:37.160 --> 0:39:41.000
<v Speaker 5>In Kenzie's case, the FBI agent's account of what happened

0:39:41.040 --> 0:39:44.160
<v Speaker 5>in those three days neglected to mention that they told

0:39:44.200 --> 0:39:47.640
<v Speaker 5>her about repression and blacking things out. They neglected some

0:39:47.760 --> 0:39:49.719
<v Speaker 5>of the details that a jury would need to know

0:39:49.840 --> 0:39:53.399
<v Speaker 5>to evaluate that statement. So I think a jury needs

0:39:53.440 --> 0:39:56.640
<v Speaker 5>to know that unless you're watching the entire process, not

0:39:56.760 --> 0:40:00.480
<v Speaker 5>just the final production that is scripted and re hearst

0:40:01.000 --> 0:40:04.440
<v Speaker 5>for public consumption. But unless they see the hours and

0:40:04.600 --> 0:40:10.080
<v Speaker 5>hours off camera that preceded that, they can't possibly competent

0:40:10.400 --> 0:40:12.960
<v Speaker 5>to make a judgment of that confession. They need to

0:40:13.120 --> 0:40:17.400
<v Speaker 5>demand everything. And if police in one of those states

0:40:17.440 --> 0:40:21.600
<v Speaker 5>that requires or doesn't require recording had failed to record

0:40:21.640 --> 0:40:25.560
<v Speaker 5>the interrogation, the jury should react with an ultra degree

0:40:25.560 --> 0:40:28.560
<v Speaker 5>of suspicion. They need to ask themselves, why don't I

0:40:28.600 --> 0:40:31.759
<v Speaker 5>see this process? If the police are proud to show

0:40:31.800 --> 0:40:34.719
<v Speaker 5>their interrogation work, why don't I get to see how

0:40:34.719 --> 0:40:38.399
<v Speaker 5>that statement was crafted? Because unless the jury can see

0:40:38.400 --> 0:40:40.400
<v Speaker 5>the whole thing, they're just not in a position to

0:40:40.440 --> 0:40:41.400
<v Speaker 5>evaluate the statement.

0:40:41.440 --> 0:40:43.800
<v Speaker 3>They're just not right. And we see that in the

0:40:44.600 --> 0:40:48.960
<v Speaker 3>amazing Netflix series Now The Innocent Man, where Tommy Ward

0:40:48.960 --> 0:40:50.839
<v Speaker 3>and kral Font and I are still in prison over

0:40:50.840 --> 0:40:53.759
<v Speaker 3>three decades later, and we only see the part of

0:40:53.800 --> 0:40:56.239
<v Speaker 3>the confession that they want us to see exactly. But

0:40:56.320 --> 0:40:59.000
<v Speaker 3>we know what went on now. We know it's too

0:40:59.080 --> 0:41:03.120
<v Speaker 3>late to help them, unfortunately, but it happens too often.

0:41:03.320 --> 0:41:05.920
<v Speaker 3>And you know, New York State resisted for the longest

0:41:05.920 --> 0:41:11.560
<v Speaker 3>time recording interrogations. They said it was too expensive, expensive expensive.

0:41:11.560 --> 0:41:14.640
<v Speaker 3>It's free, it's free, It's literally free. But you just

0:41:14.680 --> 0:41:15.600
<v Speaker 3>hear these things and you.

0:41:15.600 --> 0:41:19.560
<v Speaker 5>Go, I know, we're in an audio only situation. But

0:41:19.600 --> 0:41:21.760
<v Speaker 5>my impulse was to pull my phone out of my pocket,

0:41:21.800 --> 0:41:23.600
<v Speaker 5>put it on the table and say there, we can

0:41:23.640 --> 0:41:24.160
<v Speaker 5>do it now.

0:41:24.600 --> 0:41:27.640
<v Speaker 3>Yeah. And you know there's that movie as well, False Confessions,

0:41:27.640 --> 0:41:29.680
<v Speaker 3>that both Saul and I are in which I encourage

0:41:29.719 --> 0:41:32.680
<v Speaker 3>people to look up it profiles for false confession cases,

0:41:32.719 --> 0:41:38.960
<v Speaker 3>and it really shows you, down and dirty, how terribly

0:41:38.960 --> 0:41:42.359
<v Speaker 3>flawed this process is. And at the end of the day,

0:41:42.680 --> 0:41:45.360
<v Speaker 3>if you don't know, you have to acquit because it

0:41:45.440 --> 0:41:47.799
<v Speaker 3>says so in the Constitution, not because I think so,

0:41:48.440 --> 0:41:50.759
<v Speaker 3>but because it says so in the Constitution. They have

0:41:50.840 --> 0:41:53.719
<v Speaker 3>to prove guilt without a reasonable doubt. That's not the

0:41:53.719 --> 0:41:56.000
<v Speaker 3>standard that we hold anymore. It doesn't seem like that,

0:41:56.120 --> 0:41:58.200
<v Speaker 3>it doesn't hold up in the justice system. And you know,

0:41:58.280 --> 0:42:00.320
<v Speaker 3>and of course there's that quote, wasn't it Benjamin Franklin

0:42:00.360 --> 0:42:01.960
<v Speaker 3>that said it is better than one hundred guilty men

0:42:02.040 --> 0:42:05.359
<v Speaker 3>go free, than that an innocent should suffer. William Blackstone, Oh,

0:42:05.360 --> 0:42:08.240
<v Speaker 3>William Blackstone, damn I quoted that in the podcast before

0:42:08.400 --> 0:42:14.040
<v Speaker 3>William Blackstone said that, yeah, so yeah, and it's certainly

0:42:14.719 --> 0:42:18.760
<v Speaker 3>again with Kenzie here living proof that it can happen

0:42:19.000 --> 0:42:22.319
<v Speaker 3>to anyone. I mean, strangely enough, fortunately for you, the

0:42:22.600 --> 0:42:26.080
<v Speaker 3>Korean justice system functioned. We can't prove this, but probably

0:42:26.080 --> 0:42:28.640
<v Speaker 3>better than ours would have. So now we get to

0:42:28.760 --> 0:42:34.680
<v Speaker 3>the vindication. Right, and you had three of those, right,

0:42:34.840 --> 0:42:39.440
<v Speaker 3>I mean, they just kept stamping your thing like nope, nope,

0:42:39.880 --> 0:42:43.880
<v Speaker 3>nope that I mean, and I mean, how did that feel?

0:42:43.920 --> 0:42:46.880
<v Speaker 3>And you know, and how did it feel coming home?

0:42:47.000 --> 0:42:51.600
<v Speaker 2>And it felt great to get the you know, the

0:42:51.640 --> 0:42:54.680
<v Speaker 2>first hearing, the judge was saying it and I had

0:42:54.680 --> 0:42:57.200
<v Speaker 2>to wait for the translator. So the people in the

0:42:57.280 --> 0:42:59.960
<v Speaker 2>courtroom had reacted, but I didn't know how or why

0:43:00.120 --> 0:43:02.080
<v Speaker 2>they were reacting, like is this in my favor or not?

0:43:02.200 --> 0:43:06.520
<v Speaker 2>And then I heard the translator said innocent and it

0:43:06.560 --> 0:43:08.319
<v Speaker 2>wasn't even they did. She didn't say not guilty, she

0:43:08.360 --> 0:43:10.560
<v Speaker 2>said innocent. And I don't know if that's a translation error,

0:43:10.600 --> 0:43:13.040
<v Speaker 2>but it felt so good to hear that those words,

0:43:13.800 --> 0:43:16.520
<v Speaker 2>but I still my mom came rushing at me. She

0:43:16.640 --> 0:43:18.320
<v Speaker 2>was able to be there in Koree at the time.

0:43:18.719 --> 0:43:20.840
<v Speaker 2>And I went to her and we got a hug,

0:43:20.880 --> 0:43:23.400
<v Speaker 2>but the courtroom, the bailiff kind of had to separate

0:43:23.480 --> 0:43:25.600
<v Speaker 2>us because I still had to go back to the jail,

0:43:25.719 --> 0:43:28.680
<v Speaker 2>this time not in handcuffs, but I wasn't really free

0:43:28.880 --> 0:43:30.719
<v Speaker 2>for another twelve hours. They had to wait for a

0:43:30.800 --> 0:43:34.400
<v Speaker 2>fax from the courthouse. So when I got back to

0:43:34.440 --> 0:43:37.960
<v Speaker 2>the jail after my innocence verdict, everyone was asking me, well,

0:43:37.960 --> 0:43:39.680
<v Speaker 2>how long did you get how And I said, no,

0:43:39.719 --> 0:43:41.799
<v Speaker 2>I'm going home, And they're like, what do you mean

0:43:41.880 --> 0:43:43.879
<v Speaker 2>You're going home. People don't go home from here. People

0:43:43.880 --> 0:43:45.719
<v Speaker 2>shouldn't be in jail. They didn't do a crime. Why

0:43:45.800 --> 0:43:47.799
<v Speaker 2>you mean you're going home? And I said, I didn't

0:43:47.840 --> 0:43:50.920
<v Speaker 2>do it. I get to go home, and so I

0:43:50.920 --> 0:43:53.560
<v Speaker 2>got to say goodbye to the people that i'd spent

0:43:54.800 --> 0:43:56.439
<v Speaker 2>spent about four and a half months in a room

0:43:56.440 --> 0:43:59.719
<v Speaker 2>with fifteen other women and so formed some bonds and

0:43:59.719 --> 0:44:02.920
<v Speaker 2>we got say goodbye to them. And then at ten

0:44:03.000 --> 0:44:06.400
<v Speaker 2>or four pm on June nineteenth, I got out.

0:44:07.600 --> 0:44:12.200
<v Speaker 3>So there were three separate verdicts, though were you held

0:44:12.280 --> 0:44:13.880
<v Speaker 3>in between those verdicts?

0:44:14.120 --> 0:44:16.960
<v Speaker 2>I was not held in between, but I didn't I

0:44:17.000 --> 0:44:20.400
<v Speaker 2>technically didn't have a visa I wasn't allowed to work,

0:44:21.360 --> 0:44:25.040
<v Speaker 2>and I was in limbo. The prosecutor when I hadn't

0:44:25.040 --> 0:44:27.759
<v Speaker 2>appealed the case. I think it's they're just expected to.

0:44:28.160 --> 0:44:31.120
<v Speaker 2>I don't know if it's an honor thing. I said.

0:44:31.160 --> 0:44:32.719
<v Speaker 2>I wasn't allowed to work. My mom did come to

0:44:32.760 --> 0:44:34.640
<v Speaker 2>the country during that time, and so she got a

0:44:34.680 --> 0:44:37.480
<v Speaker 2>work visa and I had There was a pastor who

0:44:37.520 --> 0:44:40.360
<v Speaker 2>would visit me on Tuesdays. Every day. We had seven

0:44:40.360 --> 0:44:43.719
<v Speaker 2>minutes visits and he would come in every Tuesday and

0:44:43.760 --> 0:44:45.360
<v Speaker 2>we would talk. And when I got out, he was

0:44:45.440 --> 0:44:48.080
<v Speaker 2>really really supportive, he and his family, and he found

0:44:48.080 --> 0:44:50.920
<v Speaker 2>someone who donated an apartment to us, donated our rent.

0:44:51.320 --> 0:44:54.080
<v Speaker 2>Otherwise I would be an immigration in jail. And then

0:44:54.160 --> 0:44:58.040
<v Speaker 2>October I got another innocent verdict, and then it was

0:44:58.120 --> 0:45:01.200
<v Speaker 2>appealed to the Supreme Court. And at that point I'm

0:45:01.239 --> 0:45:03.840
<v Speaker 2>still in Korea. They had my passport, I didn't have

0:45:03.840 --> 0:45:06.680
<v Speaker 2>permission to leave, and my brother was getting married at

0:45:06.719 --> 0:45:09.120
<v Speaker 2>the end of December, and I asked permission if I

0:45:09.160 --> 0:45:12.440
<v Speaker 2>could go home, and they said if I would sign

0:45:12.440 --> 0:45:15.360
<v Speaker 2>a letter that would waive extradition if I was found guilty,

0:45:15.360 --> 0:45:17.480
<v Speaker 2>they would let me go home. So I wrote that letter,

0:45:17.760 --> 0:45:21.360
<v Speaker 2>and then it was still almost three years later that

0:45:21.440 --> 0:45:24.520
<v Speaker 2>I finally got the official Supreme Court of South Korea

0:45:24.560 --> 0:45:26.800
<v Speaker 2>said that I was innocent. So weird, I mean limbo

0:45:26.840 --> 0:45:27.160
<v Speaker 2>all that.

0:45:27.120 --> 0:45:29.160
<v Speaker 3>Time you were in limbo in South Korea.

0:45:29.280 --> 0:45:32.799
<v Speaker 2>For I was in limbo for about six months in

0:45:32.880 --> 0:45:34.879
<v Speaker 2>South Korea and then went back home and was still

0:45:34.880 --> 0:45:38.080
<v Speaker 2>in limbo in the States, waiting on a verdict, not

0:45:38.160 --> 0:45:40.120
<v Speaker 2>knowing if I would have to go back to Korea.

0:45:41.080 --> 0:45:43.200
<v Speaker 2>I had a gap in my work histories. The finding

0:45:43.280 --> 0:45:46.240
<v Speaker 2>a job was incredibly hard. All of my credit cards

0:45:46.239 --> 0:45:49.440
<v Speaker 2>had defaulted, maxed out and defaulted. Student loans had.

0:45:49.480 --> 0:45:53.640
<v Speaker 3>Defaulted, right, so there was more trouble waiting you. And yeah,

0:45:53.719 --> 0:45:57.640
<v Speaker 3>then that is a very strange state of being in

0:45:57.680 --> 0:46:00.000
<v Speaker 3>the Twilight zone, right, You're over there in this eastern

0:46:00.360 --> 0:46:03.000
<v Speaker 3>country where you can't work, so you can't make money,

0:46:03.120 --> 0:46:05.000
<v Speaker 3>and you can't go home, and you can't do anything.

0:46:05.080 --> 0:46:07.719
<v Speaker 2>And I was an efficial tourist. Yeah that's all I

0:46:07.719 --> 0:46:08.040
<v Speaker 2>could do.

0:46:08.200 --> 0:46:09.920
<v Speaker 3>But you would have had to sleep on the streets. So,

0:46:10.040 --> 0:46:11.560
<v Speaker 3>like you said, go to immigration and jail. If not

0:46:11.640 --> 0:46:13.680
<v Speaker 3>for the fact of the kindness of strangers and the

0:46:13.680 --> 0:46:15.640
<v Speaker 3>fact that your mom was able to be supported the

0:46:15.640 --> 0:46:31.920
<v Speaker 3>way she was before we get to the closing, and

0:46:31.960 --> 0:46:33.680
<v Speaker 3>I want to hear about what you're doing now and

0:46:33.719 --> 0:46:36.720
<v Speaker 3>how you're doing now, and you know all that stuff.

0:46:37.760 --> 0:46:41.000
<v Speaker 3>But I want to ask Saul and Patty. When I

0:46:41.000 --> 0:46:44.440
<v Speaker 3>started doing this podcast, my goal was to help to

0:46:44.520 --> 0:46:49.720
<v Speaker 3>prevent as many wrongful convictions going forward as I can

0:46:49.960 --> 0:46:53.760
<v Speaker 3>by teaching people or educating people, I should say as

0:46:53.840 --> 0:46:58.480
<v Speaker 3>to how and why they happen, and to give people

0:46:58.520 --> 0:47:01.520
<v Speaker 3>an idea of what to look for if they're on

0:47:01.600 --> 0:47:05.200
<v Speaker 3>a jury, and what some of the dos and don'ts

0:47:05.280 --> 0:47:09.720
<v Speaker 3>if you're arrested or even picked up and not arrested

0:47:09.760 --> 0:47:14.200
<v Speaker 3>as Kenzie was. So you know, being that we have

0:47:15.160 --> 0:47:18.520
<v Speaker 3>two experts in the room, I would love to get

0:47:18.640 --> 0:47:22.840
<v Speaker 3>your take on both of those two topics, and together

0:47:22.920 --> 0:47:26.680
<v Speaker 3>we can hopefully prevent the next Kenzie from going through

0:47:27.000 --> 0:47:29.480
<v Speaker 3>what she did. So, if you want.

0:47:29.320 --> 0:47:32.040
<v Speaker 5>To go first, sure, I think that's a noble and

0:47:32.200 --> 0:47:35.680
<v Speaker 5>very important mission. I think one thing we learned from

0:47:35.760 --> 0:47:39.040
<v Speaker 5>Kenzie's case, and this gets at a strength of the

0:47:39.160 --> 0:47:44.200
<v Speaker 5>Korean justice system that in contrasts to a serious weakness

0:47:44.239 --> 0:47:46.920
<v Speaker 5>of the American system. She had the surge of relief

0:47:46.920 --> 0:47:48.640
<v Speaker 5>when they took her back to the crime scene. She

0:47:48.760 --> 0:47:51.920
<v Speaker 5>looked and she said, WHOA, that's not the memory they

0:47:51.920 --> 0:47:56.640
<v Speaker 5>gave me. That doesn't fit. In Korean law, if a

0:47:56.680 --> 0:48:01.800
<v Speaker 5>suspect confesses to police and recant the confession and won't

0:48:01.840 --> 0:48:05.719
<v Speaker 5>reenact it and won't restate it to the prosecutor, it

0:48:05.760 --> 0:48:11.000
<v Speaker 5>didn't happen. And yet in the US, when behind closed

0:48:11.040 --> 0:48:15.360
<v Speaker 5>locked doors without recording, police claimed that a suspect confessed

0:48:15.760 --> 0:48:19.200
<v Speaker 5>and then that suspect immediately recance the confession and won't

0:48:19.239 --> 0:48:22.359
<v Speaker 5>restate it and won't plead guilty and won't re enact it,

0:48:23.280 --> 0:48:26.960
<v Speaker 5>that suspect has done already the damage that will get

0:48:27.080 --> 0:48:29.960
<v Speaker 5>him or her convicted. And so I think there is

0:48:30.160 --> 0:48:35.040
<v Speaker 5>buried in this story about comparing two systems. Problem with

0:48:35.080 --> 0:48:37.920
<v Speaker 5>the American system. The only way Kenzie could have stepped

0:48:37.960 --> 0:48:41.160
<v Speaker 5>out of that situation intact was to invoke her right

0:48:41.200 --> 0:48:44.279
<v Speaker 5>to silence, to invoke her right to an attorney. That's

0:48:44.320 --> 0:48:46.840
<v Speaker 5>all she could have done, because once she is alleged

0:48:46.840 --> 0:48:49.680
<v Speaker 5>to have confessed, even if she recants it and will

0:48:49.719 --> 0:48:52.680
<v Speaker 5>not restate it, the damage has been done.

0:48:52.840 --> 0:48:55.640
<v Speaker 7>Well, I'll touch on the other topic about what should

0:48:55.680 --> 0:48:59.759
<v Speaker 7>we do to make people aware. I'm trying to figure

0:48:59.800 --> 0:49:02.520
<v Speaker 7>that out out and I'll report back in a year

0:49:02.560 --> 0:49:07.600
<v Speaker 7>with concrete findings. But I think just telling more stories

0:49:07.640 --> 0:49:10.399
<v Speaker 7>like this so that number one people accept that it's

0:49:10.440 --> 0:49:13.400
<v Speaker 7>a thing that happens more often than you probably think,

0:49:13.600 --> 0:49:16.640
<v Speaker 7>and just focusing on the person. I think, on a

0:49:16.680 --> 0:49:21.279
<v Speaker 7>person to person basis rather than on trends, because it

0:49:21.400 --> 0:49:26.520
<v Speaker 7>becomes clear once you hear each individual story, It's a

0:49:26.520 --> 0:49:29.080
<v Speaker 7>lot more clear as to how that confession happened than

0:49:29.160 --> 0:49:33.040
<v Speaker 7>speaking in statistics and things. So I think focusing on

0:49:33.080 --> 0:49:35.800
<v Speaker 7>the individual stories is really important.

0:49:36.120 --> 0:49:37.200
<v Speaker 2>That's my hypothesis.

0:49:37.440 --> 0:49:40.200
<v Speaker 3>It's a scary system, and you know, we're here to

0:49:40.560 --> 0:49:44.280
<v Speaker 3>try to, you know, help turn the tide, and media

0:49:44.280 --> 0:49:46.600
<v Speaker 3>plays an important part in it. You're studying that. Now,

0:49:46.760 --> 0:49:49.960
<v Speaker 3>what have your studies so far shown about the effective

0:49:50.000 --> 0:49:52.680
<v Speaker 3>podcasts on an opinion of civilians.

0:49:52.800 --> 0:49:57.879
<v Speaker 7>We're just starting, so we started off looking at Netflix documentaries,

0:49:58.280 --> 0:50:01.360
<v Speaker 7>but so far we are seeing that that there is

0:50:01.440 --> 0:50:06.040
<v Speaker 7>a certain type of person that's number one likely to

0:50:06.200 --> 0:50:10.560
<v Speaker 7>watch these kinds of documentaries to begin with and also

0:50:10.800 --> 0:50:13.839
<v Speaker 7>know more about interrogations. We're trying to figure out as

0:50:13.840 --> 0:50:17.000
<v Speaker 7>to whether these people are just more knowledgeable and then

0:50:17.040 --> 0:50:21.440
<v Speaker 7>they watch these documentaries or whether the documentaries are doing

0:50:21.600 --> 0:50:27.000
<v Speaker 7>the educating, so podcasts is the next step. So I

0:50:27.000 --> 0:50:29.640
<v Speaker 7>don't know yet. And actually you brought up my exact

0:50:29.680 --> 0:50:33.440
<v Speaker 7>dissertation question earlier. In that question, you posed about why

0:50:34.080 --> 0:50:37.920
<v Speaker 7>is it that people can be presented with scientific findings

0:50:38.000 --> 0:50:40.759
<v Speaker 7>or logic but still kind of hold on to that

0:50:40.800 --> 0:50:43.800
<v Speaker 7>gut reaction towards a confession. So you can tell someone

0:50:43.840 --> 0:50:46.440
<v Speaker 7>and I maybe there's research where you give them all

0:50:46.480 --> 0:50:50.240
<v Speaker 7>the information about wrongful convictions and it makes them more

0:50:50.960 --> 0:50:55.280
<v Speaker 7>critical of evidence, but it doesn't necessarily change their overall

0:50:55.480 --> 0:51:00.080
<v Speaker 7>verdict decisions. So I'm trying to figure out why.

0:51:00.400 --> 0:51:02.359
<v Speaker 3>Well, it's good that you're doing the work, and you know,

0:51:02.440 --> 0:51:05.160
<v Speaker 3>I think too we should mention that, you know studies.

0:51:05.320 --> 0:51:07.480
<v Speaker 3>My friend Josh Dubin was involved in the study. It

0:51:07.600 --> 0:51:11.919
<v Speaker 3>showed that there's an inherent bias among normal people who

0:51:11.960 --> 0:51:14.560
<v Speaker 3>become jurors that if they see someone present it to

0:51:14.560 --> 0:51:16.239
<v Speaker 3>them as a defendant, whether it's in the box or

0:51:16.280 --> 0:51:19.160
<v Speaker 3>whatever it is, eighty percent of people have a natural

0:51:19.160 --> 0:51:21.279
<v Speaker 3>assumption that they're guilty or they wouldn't be there. And

0:51:21.320 --> 0:51:24.360
<v Speaker 3>we have to correct that because there shouldn't be any presumption.

0:51:24.480 --> 0:51:27.600
<v Speaker 3>You should come in as a blank slate in understanding

0:51:27.600 --> 0:51:30.719
<v Speaker 3>how often these things go wrong. So before we turn

0:51:30.760 --> 0:51:34.800
<v Speaker 3>to closing remarks, Kenzie, how are you? What's going on now?

0:51:35.280 --> 0:51:37.920
<v Speaker 3>How are you doing? You seem like like a little

0:51:38.000 --> 0:51:40.759
<v Speaker 3>orb of light. But I, you know, think I'm not

0:51:40.800 --> 0:51:42.839
<v Speaker 3>a minder. I'm not even a psychologist. I'm going with here.

0:51:42.840 --> 0:51:46.440
<v Speaker 2>That isn't overall I'm good. I'm good. I do have

0:51:46.600 --> 0:51:50.319
<v Speaker 2>hard days and hard times year February and March with

0:51:50.400 --> 0:51:53.839
<v Speaker 2>the confession and the murder itself, that's a hard time

0:51:53.880 --> 0:51:56.680
<v Speaker 2>a year, But overall I'm good. I'm a mom. Now.

0:51:56.719 --> 0:51:57.840
<v Speaker 2>I have a six year old.

0:51:57.640 --> 0:51:59.479
<v Speaker 3>Boy, what's his name?

0:52:00.160 --> 0:52:03.120
<v Speaker 2>His name is Garrik. I get emotional talking about him

0:52:03.120 --> 0:52:06.239
<v Speaker 2>because I think about how this could affect him, how

0:52:06.360 --> 0:52:10.640
<v Speaker 2>my past still to this day, eighteen years later, will

0:52:10.680 --> 0:52:14.239
<v Speaker 2>still like bump into things. People will hear about it

0:52:14.360 --> 0:52:18.600
<v Speaker 2>or google it, or they'll see it. Sometimes the show's

0:52:18.600 --> 0:52:23.160
<v Speaker 2>on syndication, and it'll affect how people treat me. And

0:52:23.320 --> 0:52:26.920
<v Speaker 2>some friendships have been lost because of it, and sometimes

0:52:26.920 --> 0:52:31.239
<v Speaker 2>there's some trickle down effect to him. But overall good.

0:52:32.360 --> 0:52:36.000
<v Speaker 2>It's hard trying to rebuild and people will have difficulty

0:52:36.040 --> 0:52:39.800
<v Speaker 2>getting past the confession. Even if I was found innocent,

0:52:39.960 --> 0:52:42.120
<v Speaker 2>That doesn't matter. They still think why would you have

0:52:42.160 --> 0:52:45.880
<v Speaker 2>said said you did something that you didn't do, especially

0:52:45.960 --> 0:52:48.359
<v Speaker 2>why did you kill your friend? And so it kind

0:52:48.360 --> 0:52:51.000
<v Speaker 2>of follows you around like you have to monitor your

0:52:51.000 --> 0:52:53.160
<v Speaker 2>behavior all the time. You can never get too angry,

0:52:53.200 --> 0:52:56.839
<v Speaker 2>you can never get too upset. You have to when

0:52:56.840 --> 0:52:58.880
<v Speaker 2>do you tell this with new people that you've met,

0:52:58.920 --> 0:53:01.759
<v Speaker 2>Like you you have to gauge your relationship with them.

0:53:01.800 --> 0:53:03.920
<v Speaker 2>Am I going to see them again? Do they need

0:53:03.960 --> 0:53:06.520
<v Speaker 2>to know about this? If you wait too long, then

0:53:06.560 --> 0:53:10.480
<v Speaker 2>they feel like you violated their trust, because why didn't

0:53:10.480 --> 0:53:12.640
<v Speaker 2>you tell this to me before? Before you came into

0:53:12.680 --> 0:53:15.400
<v Speaker 2>my house, before I saw you every day at school.

0:53:16.120 --> 0:53:23.400
<v Speaker 2>So you're always having to monitor your reactions and your relationships.

0:53:24.040 --> 0:53:26.200
<v Speaker 5>When I first talked to you about whether you want

0:53:26.239 --> 0:53:28.960
<v Speaker 5>to come out and do this, you said something about

0:53:29.600 --> 0:53:33.440
<v Speaker 5>your son and the loss of a play date. Can

0:53:33.480 --> 0:53:35.759
<v Speaker 5>you say something about that, because in a funny way,

0:53:35.800 --> 0:53:37.280
<v Speaker 5>I think that just says so much.

0:53:38.320 --> 0:53:39.880
<v Speaker 2>It was one of the things I had arranged a

0:53:39.880 --> 0:53:42.880
<v Speaker 2>play date, and so my son had gone over to

0:53:42.880 --> 0:53:44.759
<v Speaker 2>their house and they were playing, and it's you know,

0:53:44.880 --> 0:53:47.000
<v Speaker 2>gauging when do I tell this to someone? And now

0:53:47.040 --> 0:53:48.880
<v Speaker 2>I was in their home, and I felt that I

0:53:48.920 --> 0:53:51.719
<v Speaker 2>know if someone came into my house, I would want

0:53:51.760 --> 0:53:54.680
<v Speaker 2>to know who is coming into my home. So I

0:53:54.719 --> 0:53:59.520
<v Speaker 2>had shared this story a little bit, and that person

0:53:59.600 --> 0:54:02.879
<v Speaker 2>was no longer available for play dates, just wouldn't return

0:54:02.960 --> 0:54:05.960
<v Speaker 2>phone calls or texts or messages, just stopped.

0:54:07.000 --> 0:54:10.360
<v Speaker 3>I actually have one more question, Are you better?

0:54:12.520 --> 0:54:14.960
<v Speaker 2>I'm not. I think life is too short to be bitter.

0:54:15.320 --> 0:54:18.360
<v Speaker 2>I do get angry at times that they feel that

0:54:18.360 --> 0:54:20.399
<v Speaker 2>they have the right to do this to someone's life,

0:54:20.400 --> 0:54:22.640
<v Speaker 2>because it's not just my life that's affected. That's also

0:54:22.960 --> 0:54:26.080
<v Speaker 2>the Penwick family who hasn't gotten the proper closure that

0:54:26.120 --> 0:54:29.000
<v Speaker 2>they need. This is a person out there who has

0:54:29.080 --> 0:54:31.799
<v Speaker 2>killed someone and is not in jail or prison for

0:54:31.920 --> 0:54:36.760
<v Speaker 2>having committed that crime. And I think I'm not bitter.

0:54:36.800 --> 0:54:40.160
<v Speaker 2>I get angry about it, though, but I'm not letting

0:54:40.280 --> 0:54:43.200
<v Speaker 2>what they did to me ruin the rest of my life.

0:54:43.520 --> 0:54:46.120
<v Speaker 3>We'll glad you're doing well and wish you all the

0:54:46.160 --> 0:54:49.960
<v Speaker 3>best for the future. And now we come to my

0:54:50.080 --> 0:54:52.560
<v Speaker 3>favorite part of the show, which is and you're familiar

0:54:52.600 --> 0:54:54.640
<v Speaker 3>with this since you listen to the show, so you're ready.

0:54:54.719 --> 0:54:56.160
<v Speaker 3>A lot of people come on and never heard it,

0:54:56.200 --> 0:54:58.719
<v Speaker 3>so this takes them by surprise. But this is a

0:54:58.760 --> 0:55:00.960
<v Speaker 3>part of the show where I thank each of you,

0:55:02.239 --> 0:55:07.640
<v Speaker 3>Kenzie of course, Kenzie Schnyder, and Patty Sanchez and Professor

0:55:07.680 --> 0:55:11.399
<v Speaker 3>saulkass And for being here and taking your time and

0:55:11.440 --> 0:55:14.480
<v Speaker 3>sharing your thoughts. And now I get to stop talking

0:55:14.600 --> 0:55:18.799
<v Speaker 3>and listen. And so I'm going to go in order.

0:55:18.960 --> 0:55:22.120
<v Speaker 3>I guess we'll start with Patty and Saul, and then

0:55:22.160 --> 0:55:24.440
<v Speaker 3>you can Zie for just final thoughts.

0:55:24.840 --> 0:55:33.120
<v Speaker 7>Final thoughts, understand that humans are flawed, and you are normal,

0:55:33.360 --> 0:55:37.960
<v Speaker 7>no less flawed than general people. I've noticed there's a

0:55:38.000 --> 0:55:41.520
<v Speaker 7>lot of people consuming these things saying like, oh yeah,

0:55:42.040 --> 0:55:45.160
<v Speaker 7>I would always be able to tell a part something,

0:55:45.239 --> 0:55:48.400
<v Speaker 7>or like I'd be able to tell true and false.

0:55:48.680 --> 0:55:51.040
<v Speaker 7>And I think we all just humble ourselves a little

0:55:51.040 --> 0:55:54.799
<v Speaker 7>bit and admit that we're all vulnerable and we're all

0:55:54.840 --> 0:56:00.480
<v Speaker 7>susceptible to being manipulated and being okay with that and

0:56:00.600 --> 0:56:04.000
<v Speaker 7>understand it, and so that we can be aware and

0:56:04.120 --> 0:56:04.959
<v Speaker 7>always get a lawyer.

0:56:06.040 --> 0:56:08.320
<v Speaker 5>All that's good, You always get a lawyer. Part I

0:56:08.360 --> 0:56:13.359
<v Speaker 5>would have led with. But you know, false confessions. I've

0:56:13.400 --> 0:56:15.759
<v Speaker 5>been looking at them for god knows how long. I'm

0:56:15.760 --> 0:56:17.000
<v Speaker 5>not going to tell you because I don't want to

0:56:17.040 --> 0:56:20.640
<v Speaker 5>reveal my age. But it wasn't that long ago when

0:56:20.640 --> 0:56:24.600
<v Speaker 5>people said doesn't happen, and I would say never, never,

0:56:25.000 --> 0:56:27.239
<v Speaker 5>doesn't happen. I would never confess to a crime I

0:56:27.239 --> 0:56:30.160
<v Speaker 5>didn't commit. Now I think some of that is changing.

0:56:30.320 --> 0:56:33.480
<v Speaker 5>The problem is that what people see and hear a confession,

0:56:34.280 --> 0:56:38.200
<v Speaker 5>what they're seeing and hearing is a story. It's a narrative.

0:56:38.719 --> 0:56:40.960
<v Speaker 5>This is what I did, this is how I did it,

0:56:41.320 --> 0:56:44.839
<v Speaker 5>this is why, this is what it felt like, this

0:56:44.920 --> 0:56:47.480
<v Speaker 5>is what the victim may have looked like or said.

0:56:48.120 --> 0:56:51.320
<v Speaker 5>It's a story from start to finish. Kenzie's is no exception.

0:56:51.360 --> 0:56:54.200
<v Speaker 5>If you read her so called confession, it is a

0:56:54.280 --> 0:56:57.759
<v Speaker 5>narrative from start to finish. It's chronology, that is the

0:56:57.800 --> 0:57:00.799
<v Speaker 5>sight in the sound of a false confession. And so

0:57:00.840 --> 0:57:05.839
<v Speaker 5>it's very important for people to understand that absent corroborating

0:57:05.880 --> 0:57:10.400
<v Speaker 5>evidence taken independent of that confession, and absence seeing the

0:57:10.480 --> 0:57:13.440
<v Speaker 5>process by which that confession was taken, you are in

0:57:13.520 --> 0:57:16.440
<v Speaker 5>no position to make a judgment. And the reason I

0:57:16.440 --> 0:57:21.120
<v Speaker 5>think that's important is Kenzie's case illustrates something disturbing. Eighteen

0:57:21.200 --> 0:57:24.760
<v Speaker 5>years ago, she gave a confession. She was then acquitted,

0:57:25.240 --> 0:57:28.040
<v Speaker 5>She was then acquitted again, She was then acquitted again.

0:57:29.040 --> 0:57:31.680
<v Speaker 5>The fact that eighteen years later she is feeling the

0:57:31.720 --> 0:57:35.160
<v Speaker 5>effects of the stigma that has not detached itself from her.

0:57:35.840 --> 0:57:38.480
<v Speaker 5>She gave a confession, but she has never been convicted

0:57:38.520 --> 0:57:42.640
<v Speaker 5>of a crime. It doesn't matter to some people. She

0:57:42.760 --> 0:57:45.240
<v Speaker 5>is guilty by virtue of the fact that she confessed,

0:57:45.280 --> 0:57:48.320
<v Speaker 5>and they will never see her actual innocence. People need

0:57:48.360 --> 0:57:50.480
<v Speaker 5>to get past it, people, And that's why I think

0:57:50.560 --> 0:57:54.520
<v Speaker 5>Patty's proposed studies looking at whether or not a podcast,

0:57:54.600 --> 0:57:57.440
<v Speaker 5>for example, can raise public awareness and make people more

0:57:57.480 --> 0:58:01.760
<v Speaker 5>discerning jurors, is so important because we're flailing a bit

0:58:01.880 --> 0:58:05.560
<v Speaker 5>trying to find ways to raise public awareness. I've been

0:58:05.600 --> 0:58:09.160
<v Speaker 5>working top down, trying to convince the courts, the judiciary

0:58:09.600 --> 0:58:12.800
<v Speaker 5>to reform the system in ways that makes sense. But

0:58:12.880 --> 0:58:14.520
<v Speaker 5>you know what, that's just too slow, and there are

0:58:14.560 --> 0:58:18.040
<v Speaker 5>more victims every day, and so maybe what we need

0:58:18.080 --> 0:58:20.160
<v Speaker 5>to do is work from the bottom up and create

0:58:20.200 --> 0:58:22.520
<v Speaker 5>a ground swell of public awareness and a ground swell

0:58:22.560 --> 0:58:26.040
<v Speaker 5>of support. You know, I think making a Murderer, the

0:58:26.080 --> 0:58:29.680
<v Speaker 5>Central Park five, The Confession Tapes, Demand, the Knox documentary,

0:58:30.040 --> 0:58:33.720
<v Speaker 5>your podcast series on wrongful convictions, those are I think

0:58:33.960 --> 0:58:38.240
<v Speaker 5>essential tools for raising public awareness and making people more

0:58:38.240 --> 0:58:40.440
<v Speaker 5>critical consumers of their criminal justice system.

0:58:40.760 --> 0:58:41.080
<v Speaker 3>Canzi.

0:58:41.480 --> 0:58:44.040
<v Speaker 2>I was hesitant to do this podcast because of how

0:58:44.040 --> 0:58:47.800
<v Speaker 2>it could affect my life now, but Saul had mentioned

0:58:47.840 --> 0:58:50.439
<v Speaker 2>something and he said maybe a future juror would hear this,

0:58:51.400 --> 0:58:55.040
<v Speaker 2>and I wanted to help someone keep them from this

0:58:55.120 --> 0:58:58.120
<v Speaker 2>happening to them. I think that's important. The biggest thing

0:58:58.120 --> 0:59:00.920
<v Speaker 2>that I would say is get a lawyer. I know

0:59:01.000 --> 0:59:04.160
<v Speaker 2>everyone thinks it's a false confession. That would never confess

0:59:04.200 --> 0:59:05.680
<v Speaker 2>to something that I didn't do, And I know it

0:59:05.720 --> 0:59:08.120
<v Speaker 2>sounds crazy, but no one goes into the room with

0:59:08.240 --> 0:59:10.960
<v Speaker 2>law enforcement expecting to leave with a confession to a

0:59:11.000 --> 0:59:15.280
<v Speaker 2>crime they didn't commit. So get a lawyer. Law enforcement agents,

0:59:15.280 --> 0:59:17.240
<v Speaker 2>they are doing their job. They're not your friend. Don't

0:59:17.280 --> 0:59:20.360
<v Speaker 2>trust them. Make sure you have a lawyer on your sign.

0:59:21.960 --> 0:59:25.960
<v Speaker 3>And before we close, Saul, I want to do sadly,

0:59:26.000 --> 0:59:29.920
<v Speaker 3>I want to do an immemoriam because there's a case

0:59:30.400 --> 0:59:32.400
<v Speaker 3>that was profiled in the movie that you and I

0:59:32.480 --> 0:59:36.720
<v Speaker 3>both appeared in, called False Confessions, and can you talk

0:59:36.760 --> 0:59:38.840
<v Speaker 3>a little bit about because it actually has an eerie

0:59:39.080 --> 0:59:42.280
<v Speaker 3>resemblance to Kenzie's case, and that he was never convicted.

0:59:42.440 --> 0:59:44.280
<v Speaker 3>He was actually in jail for almost exactly the same

0:59:44.280 --> 0:59:48.360
<v Speaker 3>amount of time in America. Anyway, He was an exchange student. Yes,

0:59:48.760 --> 0:59:52.200
<v Speaker 3>and he died you know recently. You know, you could

0:59:52.200 --> 0:59:54.200
<v Speaker 3>say he died of a broken heart. But can you

0:59:54.240 --> 0:59:55.560
<v Speaker 3>talk about that case a little bit.

0:59:56.040 --> 0:59:58.680
<v Speaker 5>Yeah, his name was Multi Thompson. He was twenty or

0:59:58.680 --> 1:00:01.240
<v Speaker 5>twenty one years old when he came to the US

1:00:01.320 --> 1:00:04.920
<v Speaker 5>to New York to work as a teacher in a preschool,

1:00:05.080 --> 1:00:07.880
<v Speaker 5>a high end preschool near the United Nations. He came

1:00:07.920 --> 1:00:10.600
<v Speaker 5>from a family of teachers and educators just Kenzie was

1:00:10.640 --> 1:00:14.200
<v Speaker 5>aspiring as well to be a teacher, and some way

1:00:14.240 --> 1:00:18.040
<v Speaker 5>through the school year, another employee went to the school

1:00:18.040 --> 1:00:21.959
<v Speaker 5>and said they saw him touching the children inappropriately, which

1:00:21.960 --> 1:00:24.920
<v Speaker 5>seemed inconceivable given the layout of the room and the

1:00:24.920 --> 1:00:28.360
<v Speaker 5>fact that there are always multiple adults at any given moment.

1:00:29.000 --> 1:00:32.160
<v Speaker 5>But they watched for a while and saw absolutely nothing.

1:00:32.800 --> 1:00:35.320
<v Speaker 5>Turns out that the person who accused him of that

1:00:35.520 --> 1:00:38.680
<v Speaker 5>had made similar allegations earlier in the year about others,

1:00:39.560 --> 1:00:43.640
<v Speaker 5>so the school proceeded to dismiss her. She went to

1:00:43.800 --> 1:00:47.000
<v Speaker 5>the police department and she reported it. The police ended

1:00:47.040 --> 1:00:50.920
<v Speaker 5>up in Malta Thompson's door early one morning, about six am,

1:00:51.560 --> 1:00:54.480
<v Speaker 5>picked him up, interrogated him for seven or eight hours,

1:00:55.280 --> 1:00:59.680
<v Speaker 5>and took from him a confession. The interrogation was not

1:01:00.120 --> 1:01:04.280
<v Speaker 5>courted on audio or on video, and the result of

1:01:04.320 --> 1:01:07.680
<v Speaker 5>that seven or eight hours of off camera interrogation was

1:01:07.720 --> 1:01:11.000
<v Speaker 5>that they convinced Malti Thompson to go to the district

1:01:11.040 --> 1:01:15.360
<v Speaker 5>Attorney's office and give a videotape statement. And the opening

1:01:15.440 --> 1:01:19.240
<v Speaker 5>of his videotape statement, I'm paraphrasing, but it's something like

1:01:19.800 --> 1:01:21.600
<v Speaker 5>it has come to my attention that I've done a

1:01:21.640 --> 1:01:26.720
<v Speaker 5>bad thing. Apparently they told him falsely that they had

1:01:27.040 --> 1:01:30.440
<v Speaker 5>surveillance video footage of him touching the children inappropriately. That

1:01:30.520 --> 1:01:33.720
<v Speaker 5>was a lie. But he's from Denmark and he doesn't

1:01:33.760 --> 1:01:35.880
<v Speaker 5>know that police are allowed to lie, because in Denmark,

1:01:35.960 --> 1:01:39.120
<v Speaker 5>as in most other Western civilized countries, police are not

1:01:39.200 --> 1:01:41.160
<v Speaker 5>allowed to lie.

1:01:41.240 --> 1:01:42.120
<v Speaker 3>But he was.

1:01:42.120 --> 1:01:44.560
<v Speaker 5>Delivered that lie, and so, like Kenzie, he had to

1:01:44.600 --> 1:01:48.200
<v Speaker 5>presume that this must be true. I don't recall doing it,

1:01:48.680 --> 1:01:51.000
<v Speaker 5>and so he gave a confession to the district attorney

1:01:51.160 --> 1:01:55.360
<v Speaker 5>on camera. He was sent to Rikers Island for several

1:01:55.400 --> 1:01:57.800
<v Speaker 5>months while the case worked its way through the system.

1:01:58.880 --> 1:02:02.000
<v Speaker 5>Nobody would corroborate, none of the children would corroborate, and

1:02:02.040 --> 1:02:05.320
<v Speaker 5>they had to ultimately drop the charges. He went home

1:02:05.360 --> 1:02:08.160
<v Speaker 5>to Denmark. He had a lawyer who settled with the

1:02:08.160 --> 1:02:11.280
<v Speaker 5>city for some I don't know what the settlement figure was.

1:02:12.120 --> 1:02:15.200
<v Speaker 5>And you and I saw him in the film. If

1:02:15.240 --> 1:02:17.160
<v Speaker 5>you see the film, what you will see as an

1:02:17.200 --> 1:02:23.200
<v Speaker 5>individual who is depressed. And this was years later, and

1:02:23.280 --> 1:02:27.080
<v Speaker 5>so the fact that he died recently according to the family,

1:02:27.120 --> 1:02:29.919
<v Speaker 5>he died of a heart attack, as at twenty seven

1:02:30.000 --> 1:02:33.360
<v Speaker 5>years old, is just sad beyond belief. But you can

1:02:33.400 --> 1:02:35.760
<v Speaker 5>see in the movie he can't even break open a smile.

1:02:36.360 --> 1:02:40.440
<v Speaker 5>This affected him and had never left six seven years later.

1:02:41.120 --> 1:02:43.600
<v Speaker 5>I don't know what was going through his mind. I

1:02:43.640 --> 1:02:47.080
<v Speaker 5>don't know what goes through Kenzie's mind, but I know

1:02:47.160 --> 1:02:50.720
<v Speaker 5>that people who are induced into giving confessions to crimes

1:02:50.760 --> 1:02:55.680
<v Speaker 5>they didn't commit are constantly self reflecting. What was I thinking,

1:02:55.760 --> 1:02:58.840
<v Speaker 5>what was I doing? How could that have happened? And

1:02:58.880 --> 1:03:01.240
<v Speaker 5>that's what makes these stories so important to tell.

1:03:02.560 --> 1:03:06.360
<v Speaker 3>Rest in peace. Thank you everyone for listening to Wrongful Conviction.

1:03:06.480 --> 1:03:18.800
<v Speaker 3>We'll see you next week. Don't forget to give us

1:03:18.840 --> 1:03:22.520
<v Speaker 3>a fantastic review wherever you get your podcasts. It really helps.

1:03:22.960 --> 1:03:25.800
<v Speaker 3>And I'm a proud donor to the Innocence Project and

1:03:25.840 --> 1:03:28.560
<v Speaker 3>I really hope you'll join me in supporting this very

1:03:28.600 --> 1:03:32.560
<v Speaker 3>important cause and helping to prevent future wrongful convictions. Go

1:03:32.680 --> 1:03:35.680
<v Speaker 3>to Innocenceproject dot org to learn how to donate and

1:03:35.720 --> 1:03:38.880
<v Speaker 3>get involved. I'd like to thank our production team, Connor

1:03:38.920 --> 1:03:41.640
<v Speaker 3>Hall and Kevin Wartis. The music in the show is

1:03:41.640 --> 1:03:45.160
<v Speaker 3>by three time OSCAR nominated composer Jay Ralph. Be sure

1:03:45.160 --> 1:03:48.280
<v Speaker 3>to follow us on Instagram at Wrongful Conviction and on

1:03:48.320 --> 1:03:52.640
<v Speaker 3>Facebook at Wrongful Conviction Podcast. Wrongful Conviction with Jason Flamm

1:03:52.880 --> 1:03:56.000
<v Speaker 3>is a production a Lava for Good Podcasts and association

1:03:56.360 --> 1:03:58.040
<v Speaker 3>with Signal Company Number One.

1:04:00.000 --> 1:04:01.800
<v Speaker 2>Then The Blinding That Word m