WEBVTT - Camouflage Bias: Part 1

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<v Speaker 1>Pushkin. Hey, it's Jake. I want to let you know

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<v Speaker 1>we are working right now on season three for you,

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<v Speaker 1>and it's a totally different kind of story than you've

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<v Speaker 1>heard before on this podcast. I've actually been flying all

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<v Speaker 1>over the country reporting it and I can't wait to

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<v Speaker 1>share it with you. But first, Deep Cover is back

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<v Speaker 1>with two special episodes which are kind of a spin

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<v Speaker 1>off of season two. So let's jump right in. About

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<v Speaker 1>a year ago, there was this pretty unusual hearing in Chicago.

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<v Speaker 1>It involved a guy named Ronnie Keraskio who was in

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<v Speaker 1>prison for murder. I've been following the facts of his

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<v Speaker 1>case pretty closely. We actually sent someone to record the

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<v Speaker 1>proceedings that day.

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<v Speaker 2>Proceed you right.

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<v Speaker 3>If you stay your full name, Ronny Cutski.

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<v Speaker 1>I was interested in this hearing because it was, in

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<v Speaker 1>a strange way connected to the story of Bob Cooley

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<v Speaker 1>back in the nineteen nineties, when Bob exposed the corruption

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<v Speaker 1>that was going on in Chicago, there were ripple effects.

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<v Speaker 1>In these ripple effects, they played out for decades. Ronnie's

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<v Speaker 1>hearing in Chicago it was one of these ripples. It

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<v Speaker 1>all started back in the nineteen seventies with the trial

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<v Speaker 1>of Harry Elman. A mob hitman, remember him. This was

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<v Speaker 1>the big case from season two.

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<v Speaker 3>Harry had stone cold eyes. He just did. Harry looked

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<v Speaker 3>pure evil.

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<v Speaker 2>If you ever watched the movie Scarface, kind of reminds

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<v Speaker 2>you of the guy walks up behind Scarface with shotgun

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<v Speaker 2>at the end.

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<v Speaker 1>Harry went on trial for murder and the mob called

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<v Speaker 1>in Bob Cooley to fix the case. Bob claimed he

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<v Speaker 1>bribed the judge, a guy named Frank Wilson, and the

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<v Speaker 1>hitman Well, he got off. The not guilty verdict sparked

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<v Speaker 1>controversy and outrage. So what does any of this have

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<v Speaker 1>to do with Ronnie Well? Ronnie's original trial took place

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<v Speaker 1>seven months after Harry Almans. It was another high profile

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<v Speaker 1>murder trial. Because the guy Ronnie was accused of murdering

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<v Speaker 1>he was a cop. The case got assigned to the

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<v Speaker 1>same judge, Frank Wilson. Now forty five years later, Ronnie

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<v Speaker 1>is arguing that he was in effect a victim, that

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<v Speaker 1>the sentence he received was deeply unfair. The judge Wilson

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<v Speaker 1>was just trying to burnish his credentials to show he

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<v Speaker 1>was in fact tough on crime, and that because of

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<v Speaker 1>all of this and other reasons too. Ronnie is arguing

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<v Speaker 1>that he should have another shot at justice. So over

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<v Speaker 1>the next two episodes, I'll be telling you this story

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<v Speaker 1>about someone whose life has been shaped by the corruption

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<v Speaker 1>that hung over Chicago for decades, and how even now

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<v Speaker 1>twenty twenty two, it's still playing out dramatically as one

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<v Speaker 1>man's freedom hangs in the balance, because well, Ronnie's been

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<v Speaker 1>in prison for almost half a century, and now his

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<v Speaker 1>lawyer is asking all of us to open up the

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<v Speaker 1>history books, to take a good hard look at what

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<v Speaker 1>really happened in the shadows, and then to let his

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<v Speaker 1>client walk free. I'm Jay Calburn and this is a

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<v Speaker 1>deep cover Mobland.

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<v Speaker 4>My name is Ronnie cars Gio and a C A

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<v Speaker 4>R R A s q U I L O.

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<v Speaker 1>Ronnie talks to me on a payphone from his cell block.

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<v Speaker 4>I'm currently UH six three years old. He's sixty four

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<v Speaker 4>years old. In a couple of weeks, I'm currently residing

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<v Speaker 4>in the Distin Correctional Center UH in Illinois.

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<v Speaker 1>We've been communicating for a few months now. When he calls,

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<v Speaker 1>a timer starts and we have exactly twenty minutes before disconnected,

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<v Speaker 1>which means there's really not a lot of time for

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<v Speaker 1>chit chat, and Ronnie, he is a lot to tell

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<v Speaker 1>me about his life and where and when it all

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<v Speaker 1>started to go wrong.

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<v Speaker 4>I grew up in a gang infist. I grew up

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<v Speaker 4>with a single mother, uneducated, a father's divorced when we

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<v Speaker 4>were young kid.

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<v Speaker 1>Back in the nineteen seventies, Ronnie was a poor Puerto

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<v Speaker 1>Rican kid from the Humboldt Park neighborhood of Chicago. His

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<v Speaker 1>dad was a chef who immigrated from Puerto Rico. Ronnie

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<v Speaker 1>he joined a gang at an early age. He was

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<v Speaker 1>a tough kid. He got a tattoo on his arm

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<v Speaker 1>that read mad Dog ron He was eleven at the time.

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<v Speaker 1>His mom died when he was fifteen, and in the

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<v Speaker 1>years that followed, he found himself in some pretty dicey situations.

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<v Speaker 1>And that brings us to the night that changed his

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<v Speaker 1>entire life. It was October of nineteen seventy six. Ronnie

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<v Speaker 1>was eighteen years old. That night, Ronnie says he was

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<v Speaker 1>in rough shape because he'd been stabbed about a month before,

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<v Speaker 1>but he says his friends they convinced him to go out.

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<v Speaker 4>Early in the evening. We went through a party, and

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<v Speaker 4>what happened in this party start at six seve o'clock

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<v Speaker 4>at night. Everybody's drinking all that long them, so everybody's consuming.

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<v Speaker 1>Alcohol, Ronnie says. At some point someone at the party

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<v Speaker 1>stepped out and went to a local tavern to get

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<v Speaker 1>change for the bus, and that's when the trouble started.

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<v Speaker 4>It was with dar skinned Puerto Rican la Fino. The

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<v Speaker 4>Caucasians in the bar felt like, what are you doing

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<v Speaker 4>in here? You don't belong here. He chased them out.

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<v Speaker 4>Now the place where I was seventy five people, maybe

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<v Speaker 4>one hundred people in a party. They all ran down

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<v Speaker 4>the street to go get in the middle of this stuff.

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<v Speaker 1>The situation quickly escalated into a full pitched battle rival gangs,

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<v Speaker 1>one white the other Puerto Rican, like the Jets and

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<v Speaker 1>the Sharks, the whole thing right out of West Side Story,

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<v Speaker 1>only scarier, violent, chaotic. Ronnie says. At first he didn't

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<v Speaker 1>do anything.

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<v Speaker 4>I didn't go. I was staying in the house. I

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<v Speaker 4>was stabbed up. I'm just recovering, so I'm the last

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<v Speaker 4>guy out. When it towards the end. As I'm leaving

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<v Speaker 4>out off the building, there's a kid in the hallway

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<v Speaker 4>and he's got a gun in his hand. He's he's

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<v Speaker 4>telling me the guns jam, so I get the gun

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<v Speaker 4>in my hand. That's where I acquired a pistol from.

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<v Speaker 1>So then Ronnie leaves the building and then looks around

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<v Speaker 1>surveys the scene. Now this is where the story takes

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<v Speaker 1>an unexpected turn. There's someone mixed up in the melee

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<v Speaker 1>here who isn't a member of Ronnie's gang or a

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<v Speaker 1>member of the rival White gang either. His name was

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<v Speaker 1>Terence Loftis. He was a Chicago police officer, though that

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<v Speaker 1>wouldn't have been clear because he was dressed in civilian clothing.

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<v Speaker 1>Officer Loftus was there totally by chance. He just finished

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<v Speaker 1>a late shift. He was off duty driving down the

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<v Speaker 1>street when he saw this gang battle, and courageously he

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<v Speaker 1>tried to break it up. So there's Officer Loftis. He

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<v Speaker 1>grabs hold of one of the guys in Ronnie's gang.

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<v Speaker 1>Reports from the time suggest that Loftus was trying to

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<v Speaker 1>help this kid to rescue him from the rival gang.

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<v Speaker 1>Somewhere around this time, a paddy wagon with uniform police

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<v Speaker 1>officers arrives on the scene, and then there's Ronnie pistol

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<v Speaker 1>in hand. It's late, almost two in the morning. Ronnie's

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<v Speaker 1>about one hundred and fifty feet away from Officer Loftus.

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<v Speaker 4>I've seen everybody running around, so I said, Kalgias fired

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<v Speaker 4>a gun and there'n't a breakoff and a gonna run.

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<v Speaker 1>So Ronnie says he decided to fire the gun at

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<v Speaker 1>an angle above everyone's head to try and scatter the crowd,

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<v Speaker 1>break things up with a few warning shots, you know,

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<v Speaker 1>like a sheriff might do in some old timey Western.

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<v Speaker 1>Only Ronnie he was eighteen and intoxicated. Ronnie said he

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<v Speaker 1>had no idea there was a plain closed cop there.

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<v Speaker 1>He also says he never intended to shoot anyone. After all,

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<v Speaker 1>many of the people in the crowd they were his

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<v Speaker 1>own friends, and shooting into the crowd it would have

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<v Speaker 1>endangered them, and that's why Ronnie claims he aimed up

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<v Speaker 1>above head level. Now, this detail right here of where

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<v Speaker 1>exactly Ronnie aimed his gun, it's hugely important. It's everything, really,

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<v Speaker 1>and there's still disagreement over this to this day. A

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<v Speaker 1>forensic investigation found that three of the bullets struck an

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<v Speaker 1>abandoned building several feet above head level. This would seem

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<v Speaker 1>to corroborate Ronnie's claim that he was aiming the gun up,

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<v Speaker 1>not anyone in particular, but there was at least one

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<v Speaker 1>more bullet, and this one it struck Officer Loftus in

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<v Speaker 1>the head. His body then crumpled to the ground. Officer

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<v Speaker 1>Loftus was taken to Saint Elizabeth's Hospital. He died a

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<v Speaker 1>few days later. Ronnie was charged with murder. The secutors

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<v Speaker 1>said Ronnie had quote intentionally and knowingly shot Officer Loftis,

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<v Speaker 1>meaning he aimed the gun with the intent of killing him.

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<v Speaker 1>At trial, one of Ronnie's buddy's fellow gang member testified.

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<v Speaker 1>He said that Ronnie aimed the gun with both hands

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<v Speaker 1>and held at level like he was aiming for Loftis.

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<v Speaker 1>Now I should note that this buddy he may have

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<v Speaker 1>been under real pressure to testify for the prosecution. See

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<v Speaker 1>the gun belonged to him, so he could have been

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<v Speaker 1>an accessory to murder. He was never prosecuted, by the way,

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<v Speaker 1>so there were conflicting accounts of where the gun was pointed.

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<v Speaker 1>But Ronnie maintains that he wasn't aiming at anyone.

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<v Speaker 4>So I just fired four shots and I left. I

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<v Speaker 4>walked out, didn't run. I didn't know I shot anybody.

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<v Speaker 4>I went walked up back in the house, I walked

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<v Speaker 4>out the back door and I left.

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<v Speaker 1>All right, Before we get any deeper, something I should

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<v Speaker 1>mention about this trial. Ronnie he opted for a bench trial,

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<v Speaker 1>no jury, just a judge deciding the outcome of his case.

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<v Speaker 1>His trial attorney anticipated that there'd be a ton of

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<v Speaker 1>cops in the courtroom to show their support for the

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<v Speaker 1>slain officer. The attorney worried that a jury might be

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<v Speaker 1>swayed by this, so it went to a judge. The

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<v Speaker 1>case was assigned to Judge Frank Wilson, yep, the same

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<v Speaker 1>judge who acquitted the hitman, Harry Alamann. Ronnie's lawyer at

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<v Speaker 1>the time hoped that Judge Wilson would conclude that technically,

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<v Speaker 1>legally this wasn't murder, that it was manslaughter. The decision

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<v Speaker 1>to forego a trial by jury it was a big one.

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<v Speaker 1>Judge Wilson would now be the sole arbiter of Ronnie's fate.

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<v Speaker 1>If he decided Ronnie was guilty of manslaughter, well, that's

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<v Speaker 1>a lesser crime than murder, which would carry a smaller sentence.

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<v Speaker 1>But if Judge Wilson found that Ronnie had intended to

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<v Speaker 1>kill Officer Loftus to murder him. Under the rules at

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<v Speaker 1>the time, the judge could throw the book at him.

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<v Speaker 1>The prosecution depicted Ronnie as a cold blooded murderer who

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<v Speaker 1>deliberately aimed and shot the victim. Prosecutors brought innother witnesses,

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<v Speaker 1>friends of Ronnie's, who were there that night. One of

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<v Speaker 1>them testified that Ronnie said something like, I think I

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<v Speaker 1>shot a pig. In closing arguments, one of the prosecutors

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<v Speaker 1>said Ronnie quote could not have hit that officer by accident.

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<v Speaker 1>He shot because he had hate in his heart. Judge

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<v Speaker 1>Wilson found Ronnie guilty of murder. Ronnie's current lawyer, Michael Deutsch,

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<v Speaker 1>still can't believe what happened next.

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<v Speaker 3>The judge gave him two hundred to six hundred years.

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<v Speaker 1>Wait, did you say six hundred years?

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<v Speaker 3>Two hundred to six hundred years he gave them.

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<v Speaker 1>I don't think I've ever heard of anything like that.

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<v Speaker 1>I mean, in your fifty years of practicing law, have

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<v Speaker 1>you ever seen a sentencing like this?

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<v Speaker 3>No, never seen a sentence like that.

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<v Speaker 5>And Wilson himself, because we went back and looked at

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<v Speaker 5>all all those sentences Wilson has given in the past,

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<v Speaker 5>and all even for murder, all kinds of murders, all

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<v Speaker 5>kinds of bus He never gave a sentence like that,

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<v Speaker 5>only once where a guy had a huge prior record.

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<v Speaker 1>Michael Deutsch believes that the timing of all of this

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<v Speaker 1>is suspicious. He notes that the judge had just let

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<v Speaker 1>the hitman, Harry Alamann, walk free, and he believes that

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<v Speaker 1>Wilson wanted to make an example out of Ronnie to

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<v Speaker 1>restore his own reputation as a tough judge.

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<v Speaker 5>Wilson took ten thousand dollars to quit Harry Alloman, and

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<v Speaker 5>now he needed what's called compensatory bias.

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<v Speaker 1>There's a concept in the law known as compensatory or

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<v Speaker 1>camouflage bias. The idea is a judge takes a bribe

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<v Speaker 1>in one case and then, to avoid suspicion, punishes the

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<v Speaker 1>hell out of another defendant in a separate case, so

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<v Speaker 1>it looks like that judge can be tough on crime.

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<v Speaker 1>Then years later the bribe is exposed and the guy

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<v Speaker 1>who got hit with the big sentence, he complains says, hey,

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<v Speaker 1>this wasn't fair. I got hit with this huge sentence

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<v Speaker 1>because this corrupt judge was covering his tracks. In fact,

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<v Speaker 1>in the wake of Operation Gambat. A number of other

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<v Speaker 1>defendants have made similar claims against other judges in Chicago

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<v Speaker 1>whose corruption was exposed by the FBI. Those defendants are

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<v Speaker 1>challenging their sentences, and that's what Ronnie and his lawyer

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<v Speaker 1>are doing. They believe that Ronnie's enormous sentence was a

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<v Speaker 1>symptom of Chicago's corruption.

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<v Speaker 5>I'm the one that brought this case to vacate his

0:14:47.676 --> 0:14:51.796
<v Speaker 5>conviction and sentence based on this theory of compensatory bias.

0:14:52.676 --> 0:14:55.356
<v Speaker 3>The judge he needed to cover up what he did.

0:14:55.396 --> 0:14:57.716
<v Speaker 5>It was a lot of outcry about what he did,

0:14:57.836 --> 0:15:00.796
<v Speaker 5>and he was in a situation where he had to

0:15:00.796 --> 0:15:02.876
<v Speaker 5>rehabilitate his reputation.

0:15:04.276 --> 0:15:08.356
<v Speaker 1>And here is that ripple effect, an unintended consequence of

0:15:08.396 --> 0:15:12.316
<v Speaker 1>Bob Cooley's actions, a consequence that forever changed the fate

0:15:12.556 --> 0:15:16.276
<v Speaker 1>of one man's life. At least that's what Ronnie's lawyer

0:15:16.316 --> 0:15:36.156
<v Speaker 1>is claiming. We'll be right back. It's kind of hard

0:15:36.156 --> 0:15:39.516
<v Speaker 1>to imagine how anyone would react to a prison sentence

0:15:39.716 --> 0:15:42.516
<v Speaker 1>that's two hundred to six hundred years long.

0:15:42.996 --> 0:15:46.316
<v Speaker 2>Can you talk to me about what you remember from

0:15:46.316 --> 0:15:48.796
<v Speaker 2>the day that you were sentenced, when that sentence came down,

0:15:50.236 --> 0:15:52.716
<v Speaker 2>Just like what your reaction was, when what went through

0:15:52.756 --> 0:15:53.116
<v Speaker 2>your head.

0:15:54.676 --> 0:15:57.396
<v Speaker 4>I didn't know what it meant. I was that illiterate

0:15:57.676 --> 0:15:59.916
<v Speaker 4>as a kid. I know that whole switch on you.

0:16:00.516 --> 0:16:03.196
<v Speaker 4>I don't know what it meant. Didn't register. And when

0:16:03.236 --> 0:16:05.876
<v Speaker 4>I was in flow, I kept hearing like news media

0:16:05.916 --> 0:16:08.036
<v Speaker 4>will come up to me. What you think about Harry Elliman.

0:16:08.396 --> 0:16:10.556
<v Speaker 4>I was so I thought it was a legal term.

0:16:10.836 --> 0:16:14.196
<v Speaker 4>I don't know what it meant until years later I said, oh,

0:16:14.836 --> 0:16:19.676
<v Speaker 4>Allam is a man's name. To wake up and realize, man,

0:16:19.716 --> 0:16:20.396
<v Speaker 4>I'm and sob.

0:16:20.756 --> 0:16:24.396
<v Speaker 1>Ronnie sat in prison for decades. He exhausted his appeals.

0:16:24.996 --> 0:16:28.156
<v Speaker 1>Then a faint hope emerged in the late nineteen nineties

0:16:28.356 --> 0:16:31.876
<v Speaker 1>when Ronnie met Michael Deutsch. Michael is a criminal defense

0:16:31.956 --> 0:16:35.636
<v Speaker 1>lawyer with the People's Law Office in Chicago. He's been

0:16:35.676 --> 0:16:39.956
<v Speaker 1>doing this work for decades. Michael's represented animal rights activists,

0:16:40.076 --> 0:16:44.116
<v Speaker 1>black panthers, and people with wrongful convictions. You've got a

0:16:44.156 --> 0:16:48.116
<v Speaker 1>social justice issue with long shot odds. Michael, he's your man.

0:16:48.956 --> 0:16:52.316
<v Speaker 1>Michael began taking a closer look at Ronnie's case and

0:16:52.396 --> 0:16:53.916
<v Speaker 1>the judge who presided over it.

0:16:54.876 --> 0:16:57.596
<v Speaker 4>How I got back in court with Michael Deutsch FIU

0:16:57.916 --> 0:17:03.796
<v Speaker 4>A petition that I was void jurisdiction, that Frank Wilson

0:17:03.836 --> 0:17:06.636
<v Speaker 4>had no business sentence in me because he was a

0:17:06.676 --> 0:17:09.796
<v Speaker 4>crook from the beginning and he came ufly l as

0:17:09.836 --> 0:17:11.516
<v Speaker 4>a good judge.

0:17:11.756 --> 0:17:14.676
<v Speaker 1>Just to be clear here, the Harry Alemann case is

0:17:14.676 --> 0:17:17.636
<v Speaker 1>the only case where it was alleged that Judge Wilson

0:17:17.676 --> 0:17:21.316
<v Speaker 1>took a bribe. What's more, neither Ronnie nor his lawyer

0:17:21.476 --> 0:17:24.636
<v Speaker 1>have any definitive proof that Judge Wilson threw his case

0:17:24.716 --> 0:17:29.356
<v Speaker 1>in any way. Ronnie's argument about camouflage bias really hinges

0:17:29.396 --> 0:17:35.276
<v Speaker 1>on a series of speculations. Plausible speculations, but speculations. Nonetheless,

0:17:36.596 --> 0:17:39.916
<v Speaker 1>the core of these speculations come down to this was

0:17:39.996 --> 0:17:44.396
<v Speaker 1>the judge using Ronnie's case to salvage his own reputation. Well,

0:17:44.476 --> 0:17:48.316
<v Speaker 1>let's start by reviewing the facts. After the Harry Alman trial,

0:17:48.436 --> 0:17:51.636
<v Speaker 1>there was a big outcry. The state's attorney held a

0:17:51.676 --> 0:17:55.556
<v Speaker 1>press conference to express his outrage over the verdict. One

0:17:55.596 --> 0:17:59.796
<v Speaker 1>state legislator called the judge craven. According to Bob Cooley,

0:17:59.876 --> 0:18:02.556
<v Speaker 1>the judge did get very upset after the trial and

0:18:02.636 --> 0:18:07.036
<v Speaker 1>told Bob, quote, you destroyed me. And years later, when

0:18:07.036 --> 0:18:10.316
<v Speaker 1>the FBI was investigating the Aleman case and the corruption

0:18:10.396 --> 0:18:15.436
<v Speaker 1>in Chicago. Wilson killed himself, But what does any of

0:18:15.436 --> 0:18:18.796
<v Speaker 1>this really tell us? For certain? Does this explain why

0:18:18.836 --> 0:18:21.756
<v Speaker 1>the judge handed Ronnie such a long sentence? Do we

0:18:21.836 --> 0:18:23.916
<v Speaker 1>really know how Judge Wilson would have ruled at a

0:18:23.956 --> 0:18:27.196
<v Speaker 1>different time in his career, or how another judge would

0:18:27.236 --> 0:18:30.796
<v Speaker 1>have ruled at the time. We simply don't. That's what's

0:18:30.876 --> 0:18:34.636
<v Speaker 1>so maddening about Ronnie's case and what's so insidious about

0:18:34.676 --> 0:18:38.796
<v Speaker 1>the legacy of corruption in Chicago. The ripple effects continue

0:18:38.836 --> 0:18:45.036
<v Speaker 1>in ways that are so consequential and yet also sometimes unprovable.

0:18:45.916 --> 0:18:50.196
<v Speaker 1>It's odd to think about Ronnie Kerriscio and Harry Alemann

0:18:50.516 --> 0:18:53.636
<v Speaker 1>were both gangsters at some point in their lives. They

0:18:53.716 --> 0:18:55.956
<v Speaker 1>both got in trouble with the law. They were both

0:18:56.036 --> 0:18:59.636
<v Speaker 1>charged with murder. One could argue that the crucial difference

0:18:59.636 --> 0:19:03.156
<v Speaker 1>in their fates was that Harry's gang simply had more

0:19:03.196 --> 0:19:08.356
<v Speaker 1>powerful connections, and so he walked free. The question is

0:19:08.756 --> 0:19:12.876
<v Speaker 1>what Ronnie actually do about any of this? Well, what

0:19:12.956 --> 0:19:16.276
<v Speaker 1>Michael and Ronnie wanted was a retrial, a new judge,

0:19:16.276 --> 0:19:18.876
<v Speaker 1>maybe even a jury who could reconsider the facts of

0:19:18.916 --> 0:19:21.796
<v Speaker 1>the case and determine whether Ronnie really was guilty of

0:19:21.916 --> 0:19:24.796
<v Speaker 1>murder or some lesser charge like manslaughter.

0:19:25.116 --> 0:19:27.276
<v Speaker 3>We had a long hearing in front of the judge,

0:19:27.876 --> 0:19:32.996
<v Speaker 3>and the judge denied us relief, saying the law is

0:19:33.156 --> 0:19:36.876
<v Speaker 3>very difficult to show this because you have to show

0:19:36.916 --> 0:19:40.876
<v Speaker 3>a nexus between the case in which the judge was

0:19:41.036 --> 0:19:42.876
<v Speaker 3>bribed and your case.

0:19:43.676 --> 0:19:47.276
<v Speaker 1>The court essentially concluded, we can't know what Judge Wilson

0:19:47.356 --> 0:19:49.436
<v Speaker 1>was thinking at the time, so we can't know for

0:19:49.516 --> 0:19:52.716
<v Speaker 1>certain if Ronnie's case was influenced by the Aleman acquittal.

0:19:53.036 --> 0:19:55.756
<v Speaker 4>The three of the court judges would not give me

0:19:56.036 --> 0:19:59.756
<v Speaker 4>the granting off the judge Wilson being a group, saying

0:19:59.796 --> 0:20:02.756
<v Speaker 4>that I did improve a bettern that we didn't know

0:20:02.836 --> 0:20:04.756
<v Speaker 4>his state of mind, then we could improve his state

0:20:04.756 --> 0:20:07.756
<v Speaker 4>of mind as far as being a group. So Michael

0:20:07.796 --> 0:20:10.596
<v Speaker 4>Leye's contention was when he got pound up, he shot

0:20:10.636 --> 0:20:13.836
<v Speaker 4>himself in it. So Michael Lewis was stuntending, how do

0:20:13.916 --> 0:20:15.596
<v Speaker 4>you say, we don't know if your state of mind.

0:20:15.956 --> 0:20:18.156
<v Speaker 4>He knew exactly what he was going to do if

0:20:18.156 --> 0:20:19.956
<v Speaker 4>he got caught, and he did do it.

0:20:22.236 --> 0:20:25.956
<v Speaker 1>Since that appellate ruling, Ronnie and Michael have soldiered on

0:20:26.556 --> 0:20:29.276
<v Speaker 1>They remain adamant that the facts of the case don't

0:20:29.356 --> 0:20:33.916
<v Speaker 1>offer any solid proof that Ronnie knowingly and deliberately intended

0:20:33.956 --> 0:20:37.676
<v Speaker 1>to kill this plain clothes policeman. But this alone isn't

0:20:37.676 --> 0:20:41.636
<v Speaker 1>grounds for a retrial. Appeals are about challenging how a

0:20:41.716 --> 0:20:44.956
<v Speaker 1>case was decided and whether the law was applied properly.

0:20:45.396 --> 0:20:48.356
<v Speaker 1>They're not about re examining the same set of facts. Again.

0:20:49.676 --> 0:20:51.996
<v Speaker 1>Kind of frustrating, right, This is not the kind of

0:20:52.036 --> 0:20:54.876
<v Speaker 1>drama that you typically see on TV, where the story

0:20:54.916 --> 0:20:59.316
<v Speaker 1>has a clear beginning, middle, and end. No, Ronnie's case

0:20:59.396 --> 0:21:02.356
<v Speaker 1>is dragged on through a lengthy process of motions and

0:21:02.396 --> 0:21:06.796
<v Speaker 1>appeals and petitions, and so far they've gotten well, very

0:21:06.796 --> 0:21:09.356
<v Speaker 1>little in the way of relief, and in the meantime,

0:21:09.596 --> 0:21:12.036
<v Speaker 1>Ronnie remains behind bars.

0:21:12.516 --> 0:21:18.156
<v Speaker 4>I've been incarcerated forty forty five years, like seven months

0:21:18.156 --> 0:21:22.276
<v Speaker 4>maybe like that.

0:21:22.276 --> 0:21:27.036
<v Speaker 1>That's more than five hundred months, more than sixteen thousand days.

0:21:27.636 --> 0:21:31.316
<v Speaker 1>When he was last free, Jimmy Carter was president, the

0:21:31.356 --> 0:21:34.916
<v Speaker 1>Soviet Union was still going strong. There are no smartphones,

0:21:35.436 --> 0:21:39.796
<v Speaker 1>just phone booths, and all that time since then, Ronnie

0:21:39.836 --> 0:21:46.396
<v Speaker 1>he's been well, surprisingly busy. He has this unrelenting positivity.

0:21:46.396 --> 0:21:49.076
<v Speaker 4>In a sense. I'm blessed in here.

0:21:49.556 --> 0:21:52.356
<v Speaker 1>He says he's seen what happens when his fellow inmates

0:21:52.556 --> 0:21:54.436
<v Speaker 1>don't stay busy. When they give up.

0:21:54.796 --> 0:21:57.516
<v Speaker 4>I see guys, they lose their faith, and they lose

0:21:57.596 --> 0:22:00.556
<v Speaker 4>their going. They don't sit their pants, They they don't

0:22:00.596 --> 0:22:03.356
<v Speaker 4>go to her Buster's teeth. They just go around and

0:22:03.396 --> 0:22:06.196
<v Speaker 4>then they get sick. So I'm not going to claim

0:22:06.236 --> 0:22:09.676
<v Speaker 4>this over myself. So I keep my spirit up. I run,

0:22:10.036 --> 0:22:13.956
<v Speaker 4>I train ways, I trained sports, you know, and I

0:22:14.036 --> 0:22:14.836
<v Speaker 4>keep going like tent.

0:22:15.716 --> 0:22:19.516
<v Speaker 1>One day last year, Ronnie finally caught a break. The

0:22:19.556 --> 0:22:22.956
<v Speaker 1>court said, in fact, we won't grant you a retrial,

0:22:23.396 --> 0:22:26.916
<v Speaker 1>but we do have some concerns about how you were sentenced.

0:22:27.476 --> 0:22:31.516
<v Speaker 5>They said, we have questions about his sentence because we

0:22:31.596 --> 0:22:35.316
<v Speaker 5>don't we think this sentence might violate the Illinois Constitution,

0:22:35.556 --> 0:22:38.556
<v Speaker 5>which says you have to give a sentence based on

0:22:38.596 --> 0:22:42.356
<v Speaker 5>the serious of the offense, with the idea to returning

0:22:42.396 --> 0:22:45.676
<v Speaker 5>the offender to freedom and citizenship.

0:22:47.396 --> 0:22:50.836
<v Speaker 1>Next time on deep cover, Ronnie has a shot at freedom.

0:22:51.316 --> 0:22:52.796
<v Speaker 1>But there's a catch.

0:22:53.556 --> 0:22:56.076
<v Speaker 4>We don't care almost rehabilitation. Well, you know, the constitution

0:22:56.356 --> 0:22:58.836
<v Speaker 4>says we don't care almost you got up there. We

0:22:58.876 --> 0:23:00.396
<v Speaker 4>don't care about none of that. You kill the police

0:23:00.396 --> 0:23:03.556
<v Speaker 4>officer and they blatantly say, I'm not gonna vote for

0:23:03.596 --> 0:23:04.396
<v Speaker 4>a police killers.

0:23:14.716 --> 0:23:17.676
<v Speaker 1>This episode of deep Cover was produced by Amy Gaines

0:23:17.956 --> 0:23:22.476
<v Speaker 1>and edited by Karen Chakerji. Our managing producers Jacob Smith.

0:23:23.156 --> 0:23:26.436
<v Speaker 1>Original music and our theme was composed by Luis Gara,

0:23:27.036 --> 0:23:31.796
<v Speaker 1>mastering by Jake Gorsky. Mia Label is our executive producer.

0:23:32.436 --> 0:23:37.036
<v Speaker 1>Additional thanks to Jesse de Bartolomeo and Emily Horner, formerly

0:23:37.076 --> 0:23:40.436
<v Speaker 1>of Injustice Watch and now at the Chicago Tribune for

0:23:40.516 --> 0:23:54.196
<v Speaker 1>her reporting on Ronnie's case. I'm Jake Halpern. Deep Cover

0:23:54.316 --> 0:23:57.796
<v Speaker 1>is a production of Pushkin Industries. For ad free listening

0:23:57.796 --> 0:24:01.436
<v Speaker 1>and early access to upcoming seasons of deep Cover, consider

0:24:01.516 --> 0:24:05.356
<v Speaker 1>becoming a Pushkin Plus subscriber. You can find Pushkin Plus

0:24:05.396 --> 0:24:08.876
<v Speaker 1>on the deep Cover show page on Apple Podcasts, or

0:24:09.156 --> 0:24:10.796
<v Speaker 1>at pushkin dot Fm.