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Speaker 1: Keyante Rix had had three run ins with the law

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Speaker 1: and had been wrongfully convicted twice, the first when he

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Speaker 1: was four foot eleven and mistaken for a robber that

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Speaker 1: was six feet tall. While on parole from Juvie, Kyante

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Speaker 1: worked with a youth group mentoring troubled teens, one of

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Speaker 1: whom was an illiterate wheed dealer named Kurtel Walker. One

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Speaker 1: of Kurtel's customers was the manager of a rent center

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Speaker 1: who handled the business's bank deposits. The pair had crafted

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Speaker 1: a scheme in which the customer would settle a twenty

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Speaker 1: five hundred dollars weak debt by handing over the rent

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Speaker 1: to center deposit bag to Kurtel and then claiming that

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Speaker 1: he had been robbed. On June twenty eight, two thousand

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Speaker 1: and four, keyante Rix was on his way to Six

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Speaker 1: Flags with his children's mother, a friend, and Kurtel, but

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Speaker 1: before getting on the road, the group made a stop

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Speaker 1: near the rent a center, where, unbeknownst to the others,

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Speaker 1: Kurtel met up with his customer to follow through with

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Speaker 1: their plot. Taking a bit too long, the other three

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Speaker 1: almost left without him, but Kurtill caught up with them,

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Speaker 1: making a big scene in the process. When the police

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Speaker 1: arrived to investigate the stage robbery, a concerned passerby who

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Speaker 1: saw Curtel screaming and running after the car, gave the

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Speaker 1: police the license fleet number, even though Keyante had none

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Speaker 1: of the money and wasn't involved in any way, one

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Speaker 1: offhand remark in the interrogation room sent a racist cop

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Speaker 1: on a mission to pin the entire crazy scenario on him,

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Speaker 1: falsified evidence, made the mistimeter of felony, and put the

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Speaker 1: money in Kiante's possession. A statement was coerced, prepared and

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Speaker 1: signed by the illiterate Curtel, and even when Kurtel tried

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Speaker 1: to recant and the alleged victim came forward about the

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Speaker 1: stage robbery plot, both were silenced. Keante Rix was sentenced

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Speaker 1: to twenty years in prison. This is Wrongful Conviction with

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Speaker 1: Jason Plomm. Welcome back to Wrongful Conviction with Jason Foum.

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Speaker 1: That's me. I'm your host, and today we're gonna share

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Speaker 1: a story. It's the story of Kyante Rix. But before

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Speaker 1: I even introduced Kyante, let me just run a few

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Speaker 1: numbers by you. So Kyante was wrongfully arrested three times,

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Speaker 1: wrongfully convicted twice, and on one occasion he was shot

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Speaker 1: twice and then made into a suspect. He spent five

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Speaker 1: years wrongfully incarcerated as a child from fourteen to nineteen,

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Speaker 1: and then was said back to prison as an adult,

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Speaker 1: where he served almost thirteen years. And the problem is

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Speaker 1: he never did anything. I mean, Kyante, I'm glad you're here,

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Speaker 1: but I'm sorry you have to be here man, after

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Speaker 1: everything you went through.

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Speaker 2: Thank you.

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Speaker 1: And as you will soon see, Kyante has maintained an

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Speaker 1: incredible attitude, even a sense of humor through all of this.

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Speaker 1: And Chiante, let's go back to the beginning, if it's

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Speaker 1: okay with you. And first of all, this is back

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Speaker 1: at Buffalo.

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Speaker 2: Right, Yes, sir, I grew up in Buffalo, New York.

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Speaker 2: The third incident transpired in the.

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Speaker 1: Amherst and Amherst is a suburb of Buffalo, where you

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Speaker 1: lived with your daughter and her mother, Marina, during the

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Speaker 1: time of your second wrongful conviction. But let's go back

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Speaker 1: to your first wrongful conviction as a minor. You were

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Speaker 1: fourteen years old fourteen? How old are you now? I'm

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Speaker 1: thirty eight, so this is twenty four years ago. You're

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Speaker 1: fourteen years old, four feet eleven. What's crazy about this

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Speaker 1: original case was this was related to a situation. Your

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Speaker 1: cousin had had some involvement in a scuffle that was

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Speaker 1: forty dollars that was owed and recovered. The alleged victim

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Speaker 1: claims he was robbed in stabbed, but now we know

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Speaker 1: that never even happened. The victim describes his assailants to

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Speaker 1: assailants as six feet and five eleven, and you were

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Speaker 1: four eleven. So how did you first get involved?

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Speaker 2: Well, I was actually with my cousin on his street

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Speaker 2: outside and the police put up and handcuffed us and

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Speaker 2: put us in a police car and then drove us

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Speaker 2: to a hospital. And some guys came out and they

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Speaker 2: looked in a police car and they said, yeah, that's them.

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Speaker 2: And I mean that was the beginning of that right there.

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Speaker 1: The only way the police could sort of rope you

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Speaker 1: into this was by bringing you in as in like

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Speaker 1: a show up inside of a squad car, right, which

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Speaker 1: is of course going to buy us anybody. But and

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Speaker 1: I guess you might look taller sitting on the seat

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Speaker 1: in a squad car, but this is obviously madness. And

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Speaker 1: then you go all the way to trial on this

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Speaker 1: crazy thing, even though we're talking about an imaginary crime

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Speaker 1: and two imaginary suspects who were a foot taller than

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Speaker 1: you were, and you're fourteen years old, you're a child.

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Speaker 2: Yes, and I was sentenced as an adult when I

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Speaker 2: went to trial. But this is the thing, though, the

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Speaker 2: things that we just spoke about, it actually came out

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Speaker 2: and trial. The public defender that I had did mention

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Speaker 2: it that the guy gave the description of five eleven

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Speaker 2: and six foot and I was only four foot eleven.

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Speaker 2: And he also mentioned that the guy did not get

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Speaker 2: stabbed and had a superficial wound that required a band aid,

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Speaker 2: even though the jury was constantly told that this guy

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Speaker 2: got stabbed and I was sentence as an adult to

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Speaker 2: three and a third to ten years in a juvenile

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Speaker 2: maximum secure facility.

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Speaker 1: Is it true that your lawyer was drunk at trial?

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Speaker 2: Yes?

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Speaker 1: And how did that come out?

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Speaker 2: Well, I can see he was slurred while he was talking.

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Speaker 1: Oh so he was. He was legit drunk. He wasn't

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Speaker 1: a little drunk. He was like he was, yeah, okay,

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Speaker 1: that's great. I mean, I'm sorry, I just have to

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Speaker 1: be sarcastic because if I don't laugh, I'm gonna cry

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Speaker 1: and this is not of course, that's what I do.

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Speaker 1: This is not the first time we've heard this though,

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Speaker 1: that a lawyer was drunken trial. So the lawyer was

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Speaker 1: drunk a trial. He claimed that he appealed to charge,

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Speaker 1: but we know that never even happened. I mean, this

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Speaker 1: is this is disgusting, and you lived through this and

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Speaker 1: I can't even imagine, Like, and you're a child at

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Speaker 1: fourteen years old, they call it a teenager. That's a child.

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Speaker 1: So fourteen years old you go to prison, right do

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Speaker 1: they call it juvie? But your sentence is an adult?

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Speaker 1: And what is that? Like?

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Speaker 2: Well, I just say that, I mean you had the

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Speaker 2: man up. I mean it was a serious environment. I

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Speaker 2: mean all of the other kids that was in these

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Speaker 2: juvenile maxes, a majority had you know, like eight the

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Speaker 2: life and stuff like that. And you know, you're away

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Speaker 2: from family, you can't be around your loved ones.

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Speaker 1: And I mean at fourteen, a lot of kids have

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Speaker 1: trouble adjusting the summer camp.

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Speaker 2: I was putting the jungle when I had to survive

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Speaker 2: in it. So you know that week get took an

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Speaker 2: advantage of you know, and I'm not a weak person,

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Speaker 2: so I mean it was a lot of fighting, and

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Speaker 2: there was a lot of stress. It was depression, it

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Speaker 2: was all kind of stuff you know that comes with

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Speaker 2: the problems of being incarcerated period. And then as a kid,

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Speaker 2: it was like, you know, I needed to be home,

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Speaker 2: I needed to be around family and loved ones and

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Speaker 2: you know, being deprived of that love and you know

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Speaker 2: I made it through it. I just have a different attitude.

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Speaker 2: I want you, I just want to say that that

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Speaker 2: even though I was victimized, I don't live like a

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Speaker 2: victim because I know that you re victim I yourself

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Speaker 2: every day if you allow your thoughts to stay there.

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Speaker 2: So that's why my attitude is more passive of saying, like,

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Speaker 2: you know, I did what I had to do when

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Speaker 2: I went through what I went through.

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Speaker 1: I did what I had to do, and I went

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Speaker 1: through what I went through. But I think everybody can

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Speaker 1: use to hear that. So thank you for sharing that. So, Chante,

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Speaker 1: you're parole at nineteen, you're out free, still under control

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Speaker 1: of the system because you're on parole, but you started

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Speaker 1: a family. Life is starting to look up. But then

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Speaker 1: tragedy struck again, right, and this goes back to when

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Speaker 1: you well, you were actually on your way to the

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Speaker 1: hospital when this incident happened.

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Speaker 2: Right, Yes, my daughter was more the day before. I

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Speaker 2: couldn't stay in the hospital because I was on parole,

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Speaker 2: so she wanted me to come to the hospital the

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Speaker 2: next day. I was actually at my cousin's house. I

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Speaker 2: left out of the house and as soon as I

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Speaker 2: closed the passenger door, two guns went off. I was

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Speaker 2: shot twice. They collapsed both my lungs, my ribs was broke,

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Speaker 2: and I ended up in critical condition.

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Speaker 1: And you were taken to the same hospital that your

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Speaker 1: daughter was at.

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Speaker 2: No. I was rushed to every county medical center, and

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Speaker 2: a security officer testified actually at the parole preliminary hearing

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Speaker 2: that the car put up the driver said the passenger

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Speaker 2: was shot him and three nurses ran up to the car.

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Speaker 2: They said I was slumped in the seat. They put

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Speaker 2: me out of the car. See how many times I

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Speaker 2: was shot. Then they put me on a stretcher pushed

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Speaker 2: me into the hospital. Then later on they assumed that

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Speaker 2: somebody was breaking into the car and they ran over

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Speaker 2: to the car and they seen a gun in the

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Speaker 2: car that was in the seat that allegedly I was

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Speaker 2: sitting in.

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Speaker 1: Right, I remember reading, they found a gun in the

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Speaker 1: car and tried to pin it on you, and then

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Speaker 1: nine months of more legal struggles and your life hanging

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Speaker 1: in the balance again. Of course, charges in that case

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Speaker 1: were dismissed, but your troubles weren't even over yet. Now

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Speaker 1: we get to Kurtel Walker. Can you tell us about

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Speaker 1: Kurtel and who he was to you?

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Speaker 2: Well, Kurteil was a trouble youth. He had a lot

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Speaker 2: of mens abilities, you know, he had a similar situation

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Speaker 2: like his mom was on drugs and stuff like that.

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Speaker 2: And I was actually working for a youth organization that

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Speaker 2: was ranan by this older gentleman named fred A lamin

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Speaker 2: riused to help the troubled youth, you know, to prevent

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Speaker 2: them from making bad decisions and stuff like that. So

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Speaker 2: Kurteil was one of them that was basically, you know,

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Speaker 2: participating in the programs.

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Speaker 1: So you were sort of keeping an eye on Kurtel,

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Speaker 1: Is that right, Like trying to keep him out of trouble,

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Speaker 1: even though he was selling weed. And you know, by

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Speaker 1: the way, a lot of people are selling weed now,

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Speaker 1: I mean it's like the people are getting rich off

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Speaker 1: of weed legally, So that's a whole nother story. But okay,

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Speaker 1: so you were trying to sort of be almost like

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Speaker 1: a big brother to him, right, Yeah, I was.

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Speaker 2: I mean I was a big brother to a lot

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Speaker 2: of the kids because a lot of them, you know,

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Speaker 2: grew up fast being into the streets, doing a lot

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Speaker 2: of things they wasn't supposed to be doing. So, yes,

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Speaker 2: she was one of the kids.

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Speaker 1: And now we fast forward to June twenty eight, two

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Speaker 1: thousand and four, and correct me if I'm wrong, But

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Speaker 1: the way I understand that you and your children's mother, Marina,

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Speaker 1: and this is an important part of the story because

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Speaker 1: Marina is white, and we know that there's a cop

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Speaker 1: who gets involved in this, and people are saying that

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Speaker 1: it's because he didn't like the fact that you were

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Speaker 1: a black guy dating a white girl or avage kids

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Speaker 1: with her.

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Speaker 2: Nonetheless, yes, Officer Brown had prior problems with them.

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Speaker 1: And you were celebrating your birthday, right, yes, right, So

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Speaker 1: June twenty eight, two thousand and four, you and the

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Speaker 1: Marina celebrating your birthday going to six Flags and Darien

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Speaker 1: Lake in her car. Your friend Tina's driving, and Kurtel

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Speaker 1: was along for the ride. Yes, And so Tina had

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Speaker 1: an errand to run before you went to pick up

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Speaker 1: your daughter for this little day trip. Right, and the

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Speaker 1: erin happened to be right near a rent a center.

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Speaker 1: Unbeknownst to you, one of Kurtel's customers owed him twenty

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Speaker 1: five hundred dollars for weed.

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Speaker 2: Right, Yes, the manager of the Renaiscenter store. His job

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Speaker 2: was to fill out the receipts and stuff like that

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Speaker 2: and to put the stuff into the bank deposit bags.

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Speaker 2: Then additionally take the deposit bags to the M and

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Speaker 2: T bank that was located in the same plaza. But

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Speaker 2: instead of him doing that, he established a plan where

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Speaker 2: he would pay Kurtail the money that he owed him.

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Speaker 2: So the manager put the money that he owed Kurtail

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Speaker 2: in the bag, had Kurtail meet him, and then gave

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Speaker 2: Kurtail the bag, and then later on faked as if

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Speaker 2: Kurtail had actually robbed him because he had to have

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Speaker 2: a way to cover up what he did.

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Speaker 1: Right because sooner or later they would have noticed the

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Speaker 1: twenty five hud dollars missing, obviously, so they staged this

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Speaker 1: fake robbery. Again. It's like something out of a bad movie.

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Speaker 1: But okay, So back to the car before picking up

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Speaker 1: your daughter and heading the six flag, Tina stopped to

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Speaker 1: run an errand near the rent to center, Tina went.

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Speaker 2: To the store. I was sleeping the back seat, and

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Speaker 2: Curtail told her listen, I'll be right back and hopped

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Speaker 2: out of the car and left, so no one in

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Speaker 2: the car knew what he was doing. When Tina came

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Speaker 2: out of the store, Curtail was not back and we

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Speaker 2: was about to leave him, so she put off. Curtail

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Speaker 2: came running to scream stop the car, so Tina put over.

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Speaker 2: Curtail came and hopped in the car and Tina in

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Speaker 2: them sat there for a while. I think one of

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Speaker 2: them thought that they had misplaced their keys or something,

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Speaker 2: so they set there for a while. And that's when

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Speaker 2: the guy, Edward Dupre, who just happened to be walking

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Speaker 2: down the street, said that he thought something criminal happened

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Speaker 2: when he's seen the way that Curtail ran and screamed

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Speaker 2: to stop the car, and when the car remained idle,

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Speaker 2: that he walked directly by the car, wrote the license

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Speaker 2: plate number down and got a good look in the

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Speaker 2: car and said that he's seeing the two females and

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Speaker 2: Kurtail walker. But I was in the car, but he

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Speaker 2: didn't see me in the car because I was sleeping

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Speaker 2: in the back seat. Oh that's how that happened.

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Speaker 1: And did you have any idea of all the insanity

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Speaker 1: that was taking place?

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Speaker 2: I did not, because I mean, you have to understand this, Jason,

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Speaker 2: I got a pregnant girlfriend in the car. I'm on parole,

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Speaker 2: I'm working. Of course, I would never have been around

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Speaker 2: something like that. So I did not know what Kurtail

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Speaker 2: Walker had did. And this was another thing that you

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Speaker 2: know that came out in the transcripts. If the individuals,

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Speaker 2: even if you have stupid criminals, okay, it's no way

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Speaker 2: in the world that a car of criminals is going

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Speaker 2: to sit less than a street away from where a

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Speaker 2: fake robbery transpired.

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Speaker 1: It defies all logic and common sense. You're not going

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Speaker 1: to sit around and wait to get in trouble or

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Speaker 1: get arrested or whatever it is. So the manager calls

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Speaker 1: nine to one to one and then things go downhill

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Speaker 1: from there.

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Speaker 2: The guy Edward Deprido was walking through when he said

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Speaker 2: that he wrote the license plate number down. When the

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Speaker 2: police put up to the crime scene, he gave the

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Speaker 2: police the license plate number. That's when the APB got

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Speaker 2: put out for Marina's car.

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Speaker 1: And then here comes this officer who becomes your tormentor.

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Speaker 1: But it starts with him spotting the car.

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Speaker 2: So we got off the interstate and Officer Brown was

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Speaker 2: shooting radar. He began to follow Marina's car. We put

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Speaker 2: in our driveway and Pheasant run. At this time, I

287
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Speaker 2: was living in Amherst when I had prior problem with

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Speaker 2: Officer Brown. Officer Brown performs a felony stop after he

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Speaker 2: calls for backup. It was a lot of Amherst police

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Speaker 2: that was immediately there. Officer Brown comes to me, throw

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Speaker 2: me on the ground, handcuff me on my hands behind

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Speaker 2: my back, search me. Find absolutely nothing on me because

293
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Speaker 2: I did not have anything place me in the police car.

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Speaker 2: The other officers, you know, check search everybody else. Walker

295
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Speaker 2: said that he did not have handcuffs on. Walker actually

296
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Speaker 2: took the bank deposit bags and hid it in his

297
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Speaker 2: boxer briefs, which makes sense that the officers is not

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Speaker 2: checking your area, you know. So they didn't find any

299
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Speaker 2: of the stolen items that Kurteil had on him.

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Speaker 1: They also put Marina, who as you said, was pregnant,

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Speaker 1: on the ground, and the cops need her on the

302
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Speaker 1: neck right on the pavement.

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Speaker 2: No, they had their knee on her back. And then

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Speaker 2: her mother ran outside with my daughter in her hand

305
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Speaker 2: and went up and the police officers aimed the gun

306
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Speaker 2: at her mother and told her to back up, and

307
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Speaker 2: her mother was screaming, she's pregnant, she's pregnant Oflficer Brown

308
00:15:31,680 --> 00:15:35,000
Speaker 2: then had Marina to sign a waiver and he went

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Speaker 2: and searched her car. When he searched her car, he

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Speaker 2: found the two purses that belonged to Marina and Tina

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Speaker 2: that was in the front seat. Alficter Brown then took

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Speaker 2: money out of both of those purses. Then he came back.

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Speaker 2: He transported me in patrol car one o seven. Because

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Speaker 2: these numbers are very very important reference to the fabrication

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Speaker 2: of evidence. He transported me in his patrol car, which

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Speaker 2: was Amherst patrol car one o seven, to the crime scene.

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Speaker 2: He brought me out of the car. The fake victim

318
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Speaker 2: manager came out and said, no, that's not him. He

319
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Speaker 2: got Kurtail Walker out of Amherst patrol car one oh five.

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Speaker 2: He didn't identify him as well. He then went and

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Speaker 2: searched the patrol car that Kurtil Walker was in patrol

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Speaker 2: car one o five found two thousand dollars that Kurtail

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Speaker 2: Walker had took out of his pants. Now, based upon

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Speaker 2: the testimony, Kurtail Walker said that he hid two thousand

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Speaker 2: dollars at the back of patrol car one oh five

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Speaker 2: and he had eighty eight dollars in his pocket. Officer

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Speaker 2: Brown then made Kurtail Walker kick off his shoes and

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Speaker 2: he recovered deposit bags, audit slips, and receipts that belonged

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Speaker 2: to the renn A Center. So, after Thomas Brown recovered

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Speaker 2: the checks, the deposit bags, and the money from Kurtail Walker,

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Speaker 2: he then got back at the police car that I

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Speaker 2: was in transported me to Buffalo Police headquarters. And based

333
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Speaker 2: upon the transcript, Officer Thomas Brown stayed the Buffalo Police

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Speaker 2: Headquarters for about two hours while the Buffalo Police officers

335
00:17:06,440 --> 00:17:10,960
Speaker 2: conducted the investigation. So Officer Brown then asked me that

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00:17:11,040 --> 00:17:13,800
Speaker 2: I have any information about the criminals and am hearst

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00:17:13,800 --> 00:17:16,240
Speaker 2: and that if I gave him information then I wouldn't

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Speaker 2: have to worry about a parole violation. And I told him, yes,

339
00:17:20,000 --> 00:17:22,199
Speaker 2: I have information. You should take your handcuffs out and

340
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Speaker 2: rest yourself. Officer Brown became very angry, and he started saying,

341
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Speaker 2: you know, you nigger, this that and the third, ou't

342
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Speaker 2: make sure you never get out of jail, and this,

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Speaker 2: that and the third, and you know he went above

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Speaker 2: and beyond after that, I'll say.

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Speaker 1: That now they brought Kurtel into it, right, And so

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Speaker 1: they interrogate Kurtel, who couldn't read or write, and under

347
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Speaker 1: physical duress and under pressure of a twenty five year

348
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Speaker 1: sentence and he was underage, they got him to sign

349
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Speaker 1: a statement that again he couldn't have understood because he

350
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Speaker 1: couldn't read, and say that you had planned the robbery

351
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Speaker 1: and that he just was sort of went along with

352
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Speaker 1: it and gave you the money.

353
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Speaker 2: Right, Kurtail Walker. On the day of the incident, the

354
00:18:09,760 --> 00:18:12,399
Speaker 2: officers basically slapped him around and did all of the

355
00:18:12,440 --> 00:18:15,359
Speaker 2: stuff to him. Right, So the officer that prepared the report,

356
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Speaker 2: Detective Mark Joseph Lauber, first of all, I will say

357
00:18:18,640 --> 00:18:21,560
Speaker 2: that he got caught up in some racist stuff. I

358
00:18:21,640 --> 00:18:24,280
Speaker 2: actually have the New York Times article. He got caught

359
00:18:24,359 --> 00:18:27,000
Speaker 2: up in some racial text messages and stuff and killed

360
00:18:27,000 --> 00:18:28,879
Speaker 2: a black guy and said that the guy aimed the

361
00:18:28,880 --> 00:18:30,920
Speaker 2: gun at him and the gun got found on the roof.

362
00:18:31,320 --> 00:18:33,919
Speaker 2: So this is not you know, a good police officer.

363
00:18:34,000 --> 00:18:35,159
Speaker 2: Let me put it like that, even though he was

364
00:18:35,200 --> 00:18:37,479
Speaker 2: able to beat these charges. Okay, now he's the one

365
00:18:37,560 --> 00:18:40,600
Speaker 2: that was in the room with Kurtail that prepared the statement.

366
00:18:41,040 --> 00:18:43,959
Speaker 2: Kurtil could not read, so you know, they threatened him

367
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Speaker 2: and told his grandmother listen, if he do not sign

368
00:18:46,320 --> 00:18:48,440
Speaker 2: this statement, he's gonna get twenty five years in jail.

369
00:18:48,480 --> 00:18:51,800
Speaker 2: He needs to sign a statement. So the statement still

370
00:18:51,840 --> 00:18:54,200
Speaker 2: stated that it wasn't a robbery. Though this is the thing,

371
00:18:54,240 --> 00:18:56,280
Speaker 2: they just added my name in there. Kurtail still let

372
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Speaker 2: him know, like listen, you know the guy gave him

373
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Speaker 2: the money. So the very next day, when we got

374
00:19:01,400 --> 00:19:04,280
Speaker 2: out on Bill, I was informed that my name was

375
00:19:04,320 --> 00:19:06,600
Speaker 2: in a statement, and I was very upset. I was

376
00:19:06,800 --> 00:19:09,679
Speaker 2: very upset. So the families all had a meeting, his

377
00:19:09,720 --> 00:19:12,879
Speaker 2: family's grandmother, mother, father, everybody had a meeting, and that's

378
00:19:12,920 --> 00:19:15,200
Speaker 2: when Kurtil told them, like, listen, this is the truth.

379
00:19:15,280 --> 00:19:17,479
Speaker 2: You know the guy owe him money and that you know,

380
00:19:18,160 --> 00:19:20,000
Speaker 2: basically I had no knowledge of it, nothing to do

381
00:19:20,040 --> 00:19:22,600
Speaker 2: with it, and neither did the girls. So the grandmother

382
00:19:23,240 --> 00:19:27,200
Speaker 2: takes Kurtail to Buffalo police station. The very next day

383
00:19:27,680 --> 00:19:30,399
Speaker 2: and tells the officers, listen, Kurtil Walker wants to confess.

384
00:19:30,440 --> 00:19:33,280
Speaker 2: My grandson wants to confess, to tell y'all exactly what happened,

385
00:19:33,280 --> 00:19:36,840
Speaker 2: because he just told us exactly what happened. The officers

386
00:19:37,040 --> 00:19:41,600
Speaker 2: refused to take the confession and documented in a police

387
00:19:41,640 --> 00:19:45,160
Speaker 2: report and say, Kurtil Walker came in here the next

388
00:19:45,200 --> 00:19:47,840
Speaker 2: day to the Major Crimes unit, told us that the

389
00:19:47,920 --> 00:19:50,080
Speaker 2: first statement was false and that he wanted to recent

390
00:19:50,200 --> 00:19:53,200
Speaker 2: the involvement of ricks and we told him to leave

391
00:19:53,240 --> 00:19:55,159
Speaker 2: and have a nice day, and the officers wouldn't even

392
00:19:55,200 --> 00:19:57,679
Speaker 2: take the confession from him. And I actually have the

393
00:19:57,680 --> 00:20:00,119
Speaker 2: police reports to prove every single thing. You know what

394
00:20:00,160 --> 00:20:00,560
Speaker 2: I'm saying.

395
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Speaker 1: Now they start fudging more of the evidence, right because

396
00:20:06,040 --> 00:20:09,600
Speaker 1: in order to charge you with a felony, they had

397
00:20:09,640 --> 00:20:13,560
Speaker 1: to have over three thousand dollars that was stolen, right,

398
00:20:13,800 --> 00:20:17,200
Speaker 1: And they've got all these disparate amounts of money. They've

399
00:20:17,240 --> 00:20:20,280
Speaker 1: got the money that they actually stole from the girl's

400
00:20:20,440 --> 00:20:23,840
Speaker 1: purses was fourteen hundred. Then they've got the two thousand

401
00:20:23,880 --> 00:20:26,600
Speaker 1: that Kurtel hid in the back of squad car one

402
00:20:26,680 --> 00:20:30,080
Speaker 1: oh five, which you never were in. Then they've got

403
00:20:30,119 --> 00:20:32,719
Speaker 1: eighty eight dollars from Curtel's wallet. If you add all

404
00:20:32,760 --> 00:20:35,320
Speaker 1: of this up, it's three four hundred and eighty eight dollars.

405
00:20:35,359 --> 00:20:38,159
Speaker 1: So they needed to get to a number over three

406
00:20:38,160 --> 00:20:41,720
Speaker 1: thousand dollars where they could charge you with a felony,

407
00:20:41,920 --> 00:20:44,320
Speaker 1: which we know Officer Brown very much wanted to charge

408
00:20:44,359 --> 00:20:47,560
Speaker 1: you with a felony. But how did they manage to

409
00:20:47,680 --> 00:20:49,720
Speaker 1: end up framing you for this one?

410
00:20:49,920 --> 00:20:53,480
Speaker 2: Well, the Buffalo police officers had Officer Brown writing notes

411
00:20:53,520 --> 00:20:56,199
Speaker 2: of everything that transpired why he was with me, and

412
00:20:56,240 --> 00:20:58,679
Speaker 2: my lawyer ended up obtaining a copy of those notes,

413
00:20:59,119 --> 00:21:02,719
Speaker 2: so those notes not say anything that the police reports

414
00:21:02,760 --> 00:21:06,919
Speaker 2: that Officer Brown prepared later ended up saying. After Officer

415
00:21:06,920 --> 00:21:09,800
Speaker 2: Brown went back to Amherst Police station, Officer Brown prepared

416
00:21:09,840 --> 00:21:12,600
Speaker 2: a statement that's called a seven ten thirty statement and

417
00:21:12,720 --> 00:21:17,359
Speaker 2: stated that I'm made verbal statements to him saying that

418
00:21:17,480 --> 00:21:20,640
Speaker 2: Kurtil Walker gave me the stolen money, that I hid

419
00:21:20,640 --> 00:21:23,760
Speaker 2: the stolen money in my shoe, and that I basically

420
00:21:23,760 --> 00:21:25,960
Speaker 2: took the money out of my shoe while my hands

421
00:21:26,000 --> 00:21:28,919
Speaker 2: was cuffed behind my back and hid it inside of

422
00:21:28,960 --> 00:21:29,640
Speaker 2: the police car.

423
00:21:31,320 --> 00:21:33,320
Speaker 1: Right, So we got to believe that you're some sort

424
00:21:33,320 --> 00:21:36,560
Speaker 1: of magician who deny David blamed somebody where you could

425
00:21:36,880 --> 00:21:40,760
Speaker 1: while you're in handcuffs, magically remove the money from your

426
00:21:40,960 --> 00:21:44,120
Speaker 1: shock or shoe and stick it in the other car

427
00:21:44,320 --> 00:21:46,919
Speaker 1: that you never even were in. That's got to be magic.

428
00:21:46,960 --> 00:21:50,199
Speaker 1: That's incredible. I mean, that's really what you have to

429
00:21:50,200 --> 00:21:52,400
Speaker 1: believe if you're going to believe their story on top

430
00:21:52,440 --> 00:21:54,520
Speaker 1: of all the other lives and nonsense.

431
00:21:54,840 --> 00:21:58,760
Speaker 2: And then Officer Brown stated that I'm made verbal statements

432
00:21:58,800 --> 00:22:01,919
Speaker 2: to him saying if he got rid of the money,

433
00:22:02,240 --> 00:22:05,080
Speaker 2: then I would tell him about the criminals and Amhurst

434
00:22:05,240 --> 00:22:09,080
Speaker 2: because it's going to break my parole. Now that seems crazy,

435
00:22:09,119 --> 00:22:12,200
Speaker 2: because I never was charged with possession of stolen property

436
00:22:12,400 --> 00:22:17,000
Speaker 2: initially until Officer Brown testified at the grand jury. The

437
00:22:17,040 --> 00:22:19,960
Speaker 2: district attorney actually added the possession of stolen property charge

438
00:22:20,000 --> 00:22:23,119
Speaker 2: because the Buffalo booking report shows that absolutely nothing was

439
00:22:23,160 --> 00:22:25,280
Speaker 2: taken from me. It says no items was recovered from

440
00:22:25,320 --> 00:22:28,080
Speaker 2: the defendant. I actually have copies of every single one

441
00:22:28,080 --> 00:22:30,000
Speaker 2: of these police reports. I had one hundred and fourteen

442
00:22:30,040 --> 00:22:32,280
Speaker 2: dollars that was my personal money. They put it with

443
00:22:32,359 --> 00:22:34,199
Speaker 2: my property and they gave it back to me the

444
00:22:34,240 --> 00:22:37,160
Speaker 2: next day. Now, what Officer Brown did this is how

445
00:22:37,160 --> 00:22:40,800
Speaker 2: they pulled this off. When he came to the grand jury,

446
00:22:41,359 --> 00:22:45,280
Speaker 2: he testified somewhat truthfully, he still liked and said that

447
00:22:45,320 --> 00:22:48,320
Speaker 2: he recovered the whole thirty four hundred from Kurtail Walker,

448
00:22:48,760 --> 00:22:51,520
Speaker 2: when in reality he only recovered two thousand dollars that

449
00:22:51,600 --> 00:22:53,520
Speaker 2: Kurtail Walker had hid in the backseat of the police

450
00:22:53,520 --> 00:22:55,360
Speaker 2: car and the eighty eight dollars that Kurtail Walker had

451
00:22:55,359 --> 00:22:58,000
Speaker 2: in his pocket. And they added the fourteen hundred from

452
00:22:58,040 --> 00:23:00,879
Speaker 2: the women to change it from a mister meanor to

453
00:23:00,920 --> 00:23:06,440
Speaker 2: a felony okay. So at the Huntly Map hearing, it

454
00:23:06,480 --> 00:23:08,639
Speaker 2: was a pre trial hearing. Well, the prosecution had to

455
00:23:08,720 --> 00:23:11,399
Speaker 2: establish if they had probable cause or not to arrest me.

456
00:23:11,760 --> 00:23:15,240
Speaker 2: So at the Huntly Map hearing, only the arrest officer

457
00:23:15,240 --> 00:23:17,720
Speaker 2: could come and testify. And Officer Brown comes to this

458
00:23:17,800 --> 00:23:21,399
Speaker 2: hearing and he testifies under oath that he placed me

459
00:23:21,560 --> 00:23:25,720
Speaker 2: under arrest at the crime scene after he recovered the

460
00:23:25,760 --> 00:23:28,520
Speaker 2: stolen money from the police card that I was in.

461
00:23:29,240 --> 00:23:32,480
Speaker 2: Then he charged me himself with possession of stolen property.

462
00:23:32,960 --> 00:23:35,320
Speaker 2: Then he ran me my rights after he charged me

463
00:23:35,359 --> 00:23:38,200
Speaker 2: with possession of stolen property, and then I waived my

464
00:23:38,320 --> 00:23:40,000
Speaker 2: right to self incrimination. And that's when I made a

465
00:23:40,119 --> 00:23:43,320
Speaker 2: verbal statement. Okay, and the judge decided that Overser Brown

466
00:23:43,359 --> 00:23:45,760
Speaker 2: was believable so that he can admit the physical evidence.

467
00:23:45,920 --> 00:23:47,720
Speaker 1: Probably the truest thing you ever said is that he

468
00:23:47,720 --> 00:23:49,600
Speaker 1: should have arrested himself. He would have been throwing us

469
00:23:49,600 --> 00:23:53,080
Speaker 1: all a favor. But okay, So just to keep track,

470
00:23:53,280 --> 00:23:57,480
Speaker 1: all right, So Officer Brown has now changed the details

471
00:23:57,480 --> 00:24:00,240
Speaker 1: from his initial notes to Buffalo PD, to his seven

472
00:24:00,280 --> 00:24:03,440
Speaker 1: ten thirty, then to his grand jury testimony, and then

473
00:24:03,520 --> 00:24:07,240
Speaker 1: to the Huntly map hearing, and all the while the judge,

474
00:24:07,800 --> 00:24:12,440
Speaker 1: the DA and everyone else is finding ways to find

475
00:24:12,560 --> 00:24:17,040
Speaker 1: him believable. Great, now we move on to the trial.

476
00:24:17,359 --> 00:24:20,479
Speaker 2: Okay. Now, during trial, Officer Brown had a complete three

477
00:24:20,480 --> 00:24:24,520
Speaker 2: point sixty. Okay. Officer Brown testified that he was not

478
00:24:24,600 --> 00:24:28,520
Speaker 2: the arresting officer, He was not the assisting officer. He

479
00:24:28,600 --> 00:24:30,800
Speaker 2: was not present when I was placing under arrest. He

480
00:24:30,880 --> 00:24:33,280
Speaker 2: did not know if I was placing under arrest. And

481
00:24:33,320 --> 00:24:36,280
Speaker 2: the thing is Austin Brown also testified that he was

482
00:24:36,320 --> 00:24:39,400
Speaker 2: the only officer that was with me from the initial

483
00:24:39,400 --> 00:24:41,320
Speaker 2: time in Amherst where he put the car over and

484
00:24:41,320 --> 00:24:43,840
Speaker 2: took me into custody. At the crime scene in at

485
00:24:43,880 --> 00:24:47,080
Speaker 2: Buffalo Police station for two hours while the Buffalo officers

486
00:24:47,119 --> 00:24:52,119
Speaker 2: conducted the investigation. Right then and there, the judge, the

487
00:24:52,160 --> 00:24:54,320
Speaker 2: district attorney, and everyone was made aware of the fact

488
00:24:54,320 --> 00:24:59,520
Speaker 2: that Officer Brown falsified everything at the Huntley map here

489
00:25:01,280 --> 00:25:03,639
Speaker 2: and they just ignored it.

490
00:25:18,920 --> 00:25:23,920
Speaker 1: So the victim didn't testify a trial. Courtel, Walker didn't

491
00:25:23,960 --> 00:25:27,720
Speaker 1: testify a trial and Curtel Courtel.

492
00:25:27,440 --> 00:25:29,520
Speaker 2: He went on a run when I went to trial.

493
00:25:29,920 --> 00:25:32,480
Speaker 1: So let's talk about Michael Demko.

494
00:25:32,600 --> 00:25:36,560
Speaker 2: Michael Demko was my trial attorney. He played an important

495
00:25:36,640 --> 00:25:39,760
Speaker 2: role in uh me actually ended up in jail. With

496
00:25:39,840 --> 00:25:43,120
Speaker 2: me getting out of jail. He didn't cause certain witnesses

497
00:25:43,160 --> 00:25:46,240
Speaker 2: that I requested that he called. You know, he said

498
00:25:46,240 --> 00:25:48,560
Speaker 2: that the reason why he didn't call them was because

499
00:25:48,920 --> 00:25:51,960
Speaker 2: without a victim and without an eyewitness, he didn't even

500
00:25:51,960 --> 00:25:53,840
Speaker 2: figure that, you know, they would go anywhere with the

501
00:25:53,880 --> 00:25:56,040
Speaker 2: case because based upon the law, those charges were supposed

502
00:25:56,040 --> 00:26:00,520
Speaker 2: to be dismissed. But you know, uh, with the witnesses,

503
00:26:00,680 --> 00:26:06,560
Speaker 2: they subpoenat every single person. They subpoena the fake victim

504
00:26:07,119 --> 00:26:10,480
Speaker 2: who was in custody on a material witness warrant, who

505
00:26:10,520 --> 00:26:15,439
Speaker 2: actually provided affidavit later on, stating that he told the

506
00:26:15,440 --> 00:26:17,480
Speaker 2: district attorney that I didn't have anything to do with him,

507
00:26:17,480 --> 00:26:19,600
Speaker 2: that he wasn't robbed, but they didn't allow him to

508
00:26:19,600 --> 00:26:21,600
Speaker 2: testify because the district attorney threatened him and told him,

509
00:26:21,600 --> 00:26:23,320
Speaker 2: you better not come to court and say that Kiyante

510
00:26:23,359 --> 00:26:25,960
Speaker 2: is innocent or you're gonna get twenty five years Okay,

511
00:26:26,280 --> 00:26:29,479
Speaker 2: Marina and Tina was subpoena district attorney told them that,

512
00:26:29,520 --> 00:26:31,880
Speaker 2: you know, he dropped charges on them, and they told

513
00:26:31,960 --> 00:26:33,920
Speaker 2: him that they knew the victim and that he never

514
00:26:33,960 --> 00:26:36,879
Speaker 2: got robbed, and that Kurtail never robbed him, and that

515
00:26:36,960 --> 00:26:38,680
Speaker 2: we never had no knowledge of what they did with

516
00:26:38,760 --> 00:26:41,040
Speaker 2: The district attorney told them the same thing. Y'all better

517
00:26:41,080 --> 00:26:42,600
Speaker 2: come back with a different story. Y'all better not come

518
00:26:42,640 --> 00:26:45,080
Speaker 2: and testify that Kiante is innocent, and he did not

519
00:26:45,119 --> 00:26:50,199
Speaker 2: allow them to testify neither. Okay, this is crazy. The

520
00:26:50,240 --> 00:26:52,520
Speaker 2: two managers was the only other two the.

521
00:26:52,520 --> 00:26:56,720
Speaker 1: Two managers of the RAC which is the place where

522
00:26:56,720 --> 00:27:01,000
Speaker 1: the fake robbery occurred, who weren't even there. Both testified.

523
00:27:01,040 --> 00:27:03,359
Speaker 1: One testified that he was present that day and that

524
00:27:03,400 --> 00:27:05,520
Speaker 1: the alleged victim had left with the bank deposit and

525
00:27:05,560 --> 00:27:08,119
Speaker 1: came back out of breath claiming to have been robbed,

526
00:27:08,359 --> 00:27:10,840
Speaker 1: also that he was unsure whether it was one hundred

527
00:27:11,080 --> 00:27:13,680
Speaker 1: or one hundred thousand dollars that was lost. The other

528
00:27:13,800 --> 00:27:17,200
Speaker 1: manager testified to establish the value at thirty four eighty eight,

529
00:27:17,600 --> 00:27:20,480
Speaker 1: so somebody obviously fed him that information. So then during

530
00:27:20,520 --> 00:27:23,280
Speaker 1: cross examination, it came out that the second manager that

531
00:27:23,400 --> 00:27:26,119
Speaker 1: established the one who established the value, hadn't even started

532
00:27:26,160 --> 00:27:29,720
Speaker 1: working at the location until almost a year after the

533
00:27:29,760 --> 00:27:33,320
Speaker 1: freaking incident, so he didn't even know the allegend robbery victim.

534
00:27:33,400 --> 00:27:36,520
Speaker 1: But he was an assistant manager, had a different location.

535
00:27:37,240 --> 00:27:41,000
Speaker 1: He wasn't there. Like this is I can't with this shit.

536
00:27:41,040 --> 00:27:43,080
Speaker 2: And like as you just said, you know, one was

537
00:27:43,160 --> 00:27:46,000
Speaker 2: to establish the value of the money, which is important

538
00:27:46,000 --> 00:27:48,680
Speaker 2: because you know, say an element of possession of stolen property,

539
00:27:48,800 --> 00:27:51,000
Speaker 2: it has to be a value. He testified that the

540
00:27:51,040 --> 00:27:53,160
Speaker 2: money took in and the money claimed to be recovered

541
00:27:53,160 --> 00:27:55,359
Speaker 2: match to the penny, which was a complete lie because

542
00:27:55,400 --> 00:27:57,359
Speaker 2: based upon the bank all it slips, it was not

543
00:27:57,480 --> 00:28:00,560
Speaker 2: the same amount of money. And he testified during cross

544
00:28:00,600 --> 00:28:03,280
Speaker 2: examination that he did not work at the store until

545
00:28:03,320 --> 00:28:06,199
Speaker 2: a year after the incident. When Demico axed him. Did

546
00:28:06,240 --> 00:28:08,520
Speaker 2: you did you ever hear that your your own manager

547
00:28:09,160 --> 00:28:12,240
Speaker 2: actually stole the money? He said, I just heard there

548
00:28:12,320 --> 00:28:15,400
Speaker 2: was an investigation and he was let go shortly after

549
00:28:15,440 --> 00:28:19,040
Speaker 2: the incident, so they definitely knew that he was not robbed.

550
00:28:19,520 --> 00:28:21,360
Speaker 1: No, it was a fake robbery. And I don't even

551
00:28:21,359 --> 00:28:23,680
Speaker 1: know sometimes why we have perjury laws when people like

552
00:28:23,720 --> 00:28:27,080
Speaker 1: this just lie at will understand and just get away

553
00:28:27,119 --> 00:28:29,200
Speaker 1: with it and just move on with their lives. And yeah,

554
00:28:29,240 --> 00:28:31,960
Speaker 1: this is this is some really bald faced lying going

555
00:28:32,000 --> 00:28:33,680
Speaker 1: on here, and a lot of it from a lot

556
00:28:33,680 --> 00:28:38,040
Speaker 1: of different people. Okay, So you ultimately get convicted in

557
00:28:38,120 --> 00:28:40,920
Speaker 1: June two thousand and five of robbery and criminal possession

558
00:28:40,920 --> 00:28:44,000
Speaker 1: of stolen properties, and because of your prior wrotical conviction,

559
00:28:44,840 --> 00:28:50,120
Speaker 1: your sentence was enhanced to twenty years. So I mean,

560
00:28:50,120 --> 00:28:52,280
Speaker 1: how did you deal with that? And what was that moment? Like?

561
00:28:53,800 --> 00:28:56,400
Speaker 2: Man, it was it was terrible, man, because I had

562
00:28:56,560 --> 00:28:58,680
Speaker 2: a baby on the way, man, and you know, I'm

563
00:28:58,680 --> 00:29:02,400
Speaker 2: a real family man, and I had two babies that's born. Man,

564
00:29:02,480 --> 00:29:05,600
Speaker 2: that's a year and like a year in like five months.

565
00:29:05,640 --> 00:29:08,480
Speaker 2: So I just sat there and just watched my family.

566
00:29:08,520 --> 00:29:11,720
Speaker 2: Like the whole court room went crazy because everybody knew

567
00:29:11,760 --> 00:29:15,120
Speaker 2: that I was innocent. And the day that I got

568
00:29:15,160 --> 00:29:18,600
Speaker 2: sentenced to twenty years, Kurtil Walker please guilty to the

569
00:29:18,680 --> 00:29:19,520
Speaker 2: rapper charge.

570
00:29:19,560 --> 00:29:22,720
Speaker 1: So there's a crazy piece of the story that could

571
00:29:22,760 --> 00:29:26,840
Speaker 1: have turned into a real problem. In the devious move,

572
00:29:27,600 --> 00:29:32,480
Speaker 1: they stuck you in the bullpen with Kurtil Walker, who

573
00:29:32,560 --> 00:29:35,400
Speaker 1: was underage at the time. Shouldn't never have even been

574
00:29:35,440 --> 00:29:38,040
Speaker 1: in the same place as you, and where my mind

575
00:29:38,080 --> 00:29:40,000
Speaker 1: goes as a bad place. They were trying to get

576
00:29:40,040 --> 00:29:41,040
Speaker 1: you to do something.

577
00:29:41,360 --> 00:29:43,160
Speaker 2: Yeah, hoping that I would kill a kid. I just

578
00:29:43,200 --> 00:29:46,600
Speaker 2: got fresh twenty years sentence. You know what I'm saying.

579
00:29:46,600 --> 00:29:48,080
Speaker 2: No one is going to be in their right mind

580
00:29:48,080 --> 00:29:49,760
Speaker 2: with a twenty year since, especially for a crime that

581
00:29:49,800 --> 00:29:52,840
Speaker 2: they didn't commit. And then you put this person in

582
00:29:52,880 --> 00:29:56,200
Speaker 2: there that got me in there, you know, hoping that

583
00:29:56,240 --> 00:29:58,120
Speaker 2: I would do something to him, But I said, no,

584
00:29:58,240 --> 00:30:00,880
Speaker 2: I'm not gonna do nothing. I know that he told

585
00:30:00,960 --> 00:30:01,719
Speaker 2: them the right stuff.

586
00:30:01,760 --> 00:30:04,760
Speaker 1: So you go to prison. Can you just give us

587
00:30:05,200 --> 00:30:07,720
Speaker 1: some insight into what that experience was like.

588
00:30:08,160 --> 00:30:11,880
Speaker 2: Yeah, it was real, it was critical, It was critical, man,

589
00:30:11,960 --> 00:30:15,360
Speaker 2: and I went into a great state of depression and

590
00:30:15,400 --> 00:30:21,200
Speaker 2: then I prayed. I prayed and it was like I

591
00:30:21,240 --> 00:30:23,480
Speaker 2: just said, listen, I got to obtain my freedom. I

592
00:30:23,480 --> 00:30:25,400
Speaker 2: don't got time to sit in here and be stressing

593
00:30:25,920 --> 00:30:30,520
Speaker 2: about anything else. And that's what happened. I mean, my

594
00:30:30,880 --> 00:30:33,479
Speaker 2: child's mother got married in like six months, so I

595
00:30:33,520 --> 00:30:37,000
Speaker 2: was in It was like thig after thig after thig.

596
00:30:37,160 --> 00:30:38,800
Speaker 2: You know what I'm saying. And it was just like

597
00:30:39,280 --> 00:30:41,320
Speaker 2: I just looked in the mirror and I said, man up,

598
00:30:42,040 --> 00:30:43,360
Speaker 2: that's it. I said. The only way you're gonna get

599
00:30:43,400 --> 00:30:45,400
Speaker 2: your life back if you fight for it. So that's

600
00:30:45,400 --> 00:30:47,640
Speaker 2: why I went into law libraries and I started learning

601
00:30:47,680 --> 00:30:51,640
Speaker 2: the law. Yeah, you know, it took a long time,

602
00:30:51,720 --> 00:30:54,600
Speaker 2: but you know, thanks to God, I was able to

603
00:30:54,600 --> 00:30:56,720
Speaker 2: get out of there and give us most of that

604
00:30:56,840 --> 00:30:57,360
Speaker 2: time back.

605
00:30:58,040 --> 00:31:00,840
Speaker 1: So Kiante, there you are. You're studying law, you're praying,

606
00:31:00,880 --> 00:31:04,000
Speaker 1: you're doing everything you possibly can. You're finding strength in

607
00:31:04,040 --> 00:31:06,080
Speaker 1: a place where I think almost anybody else would have

608
00:31:06,400 --> 00:31:10,320
Speaker 1: just collapsed, but you found this other gear. I have

609
00:31:10,360 --> 00:31:13,360
Speaker 1: so much respect for you. But anyway, you filed pro

610
00:31:13,480 --> 00:31:16,400
Speaker 1: say motion after pro say motion. Our listeners know that

611
00:31:16,440 --> 00:31:20,360
Speaker 1: means that's when the person himself or herself files their

612
00:31:20,360 --> 00:31:24,120
Speaker 1: own legal briefs. But nothing was working until a friend

613
00:31:24,160 --> 00:31:26,040
Speaker 1: of your uncle came to visit you, and that's when

614
00:31:26,040 --> 00:31:27,760
Speaker 1: the ball started rolling back in the right direction.

615
00:31:27,880 --> 00:31:32,520
Speaker 2: Right. Yes, I had about twelve motions that I filed

616
00:31:32,520 --> 00:31:35,440
Speaker 2: in the state courts, and I figured, you know, no victim,

617
00:31:35,480 --> 00:31:37,880
Speaker 2: no eyewitness, with all of this evidence, these judges are

618
00:31:37,880 --> 00:31:39,240
Speaker 2: going to do what they supposed to do, you know

619
00:31:39,280 --> 00:31:42,760
Speaker 2: what I'm saying. And not one of them even probably

620
00:31:43,000 --> 00:31:47,560
Speaker 2: reviewed those motions. So then my uncle had brought one

621
00:31:47,600 --> 00:31:51,040
Speaker 2: of his friends to see me. That was Carl the Viver,

622
00:31:51,600 --> 00:31:53,360
Speaker 2: and my uncle told him that I wasn't supposed to

623
00:31:53,360 --> 00:31:55,680
Speaker 2: be in jail, and he came to see me and

624
00:31:55,720 --> 00:31:58,560
Speaker 2: he said, listen, if the stuff that you say is true,

625
00:31:59,160 --> 00:32:00,720
Speaker 2: then I'm going to be a help you get out

626
00:32:00,720 --> 00:32:04,560
Speaker 2: of jail. He was connected to attorney Robert Goldstein. So

627
00:32:04,720 --> 00:32:09,719
Speaker 2: basically me and Carl prepared the motion. You know, they

628
00:32:09,840 --> 00:32:13,280
Speaker 2: conducted an investigation. That's when they was able to speak

629
00:32:13,320 --> 00:32:15,840
Speaker 2: to my trial lawyer, Michael Demko, and they was able

630
00:32:15,920 --> 00:32:19,239
Speaker 2: to speak to the fake victim and everyone else. And

631
00:32:19,280 --> 00:32:22,560
Speaker 2: that's when you know, the fake victim provided an affidavit to

632
00:32:22,640 --> 00:32:24,920
Speaker 2: let him know that you know, he wasn't robbed, and

633
00:32:25,040 --> 00:32:27,920
Speaker 2: basically that he had told the district attorney when he

634
00:32:27,960 --> 00:32:31,360
Speaker 2: was incarcerated on the material witness warrant, and that when

635
00:32:31,360 --> 00:32:33,840
Speaker 2: the district attorney told him, you know, basically to leave,

636
00:32:33,960 --> 00:32:36,440
Speaker 2: that he went and spoke to Michael Demico. And then

637
00:32:36,480 --> 00:32:39,800
Speaker 2: Michael Demko provided an affidavit in stating that the victim

638
00:32:39,840 --> 00:32:42,680
Speaker 2: did confess to him prior to my trial, told him

639
00:32:42,720 --> 00:32:44,160
Speaker 2: that he was not a victim in the case, that

640
00:32:44,200 --> 00:32:47,120
Speaker 2: he never was robbed, that he owed her tail Walker money,

641
00:32:47,560 --> 00:32:49,840
Speaker 2: and that basically he used the money to satisfy a

642
00:32:49,920 --> 00:32:53,000
Speaker 2: drug debt. And then Demko said that, and this is

643
00:32:53,040 --> 00:32:55,400
Speaker 2: in his affidavit. He said that he couldn't take the

644
00:32:55,480 --> 00:32:58,280
Speaker 2: statement because it will be a conflict of interest because

645
00:32:58,360 --> 00:33:00,440
Speaker 2: the prosecution's office will state that he tried to co

646
00:33:00,600 --> 00:33:02,800
Speaker 2: hurt him to give an affidavit that could exonerate me,

647
00:33:02,880 --> 00:33:05,760
Speaker 2: being that I was his client. So he referred him

648
00:33:05,800 --> 00:33:09,920
Speaker 2: to another attorney named Daniel Grasso, who's now I think

649
00:33:09,920 --> 00:33:13,040
Speaker 2: a judge in Blaisdell. But he also provided an affidavit

650
00:33:13,160 --> 00:33:15,720
Speaker 2: to say, yes, you know, Demko's client came, but he

651
00:33:15,840 --> 00:33:19,320
Speaker 2: never retained me, so, you know, and that's what happened.

652
00:33:19,360 --> 00:33:21,640
Speaker 2: So I had all of those affi Davis, the judge

653
00:33:21,640 --> 00:33:24,280
Speaker 2: granted me and hearing at the four point forty hearing

654
00:33:24,400 --> 00:33:27,440
Speaker 2: with Judge Burns, we had about eight affi Davis was

655
00:33:27,440 --> 00:33:31,640
Speaker 2: affidavits from the victim, attorney Mike Demico, Attorney Danie Grasso,

656
00:33:32,160 --> 00:33:36,000
Speaker 2: Kurteil Walker, Marina and we had an affidavit from a

657
00:33:36,040 --> 00:33:39,880
Speaker 2: Bruce Barnett, Affidavid from a Dianne Barnett, and then we

658
00:33:39,920 --> 00:33:44,600
Speaker 2: had my affidavit all and it never was anything that

659
00:33:44,720 --> 00:33:47,360
Speaker 2: was against me but the fabrications of Officer Brown.

660
00:33:47,880 --> 00:33:50,920
Speaker 1: District Attorney John Flynn said there was no robbery here.

661
00:33:51,000 --> 00:33:53,600
Speaker 1: The victim was in on it. It was Grand Larson.

662
00:33:53,720 --> 00:33:55,120
Speaker 1: The fact of the matter is that he was serving

663
00:33:55,160 --> 00:33:57,280
Speaker 1: time for crime he did not do. And then Judge

664
00:33:57,280 --> 00:34:00,920
Speaker 1: Burns said, in this court's view, the new evidence is

665
00:34:00,920 --> 00:34:04,640
Speaker 1: sufficient to establish that quote, no juror acting reasonably would

666
00:34:04,720 --> 00:34:07,640
Speaker 1: have voted to find it defending guilty beyond a reasonable

667
00:34:07,680 --> 00:34:10,080
Speaker 1: doubt with regards to the robbery charge. So now you

668
00:34:10,160 --> 00:34:12,400
Speaker 1: got this amazing statement from the DA and the judge

669
00:34:12,680 --> 00:34:15,520
Speaker 1: and ultimately I know you were released on February third,

670
00:34:15,600 --> 00:34:19,880
Speaker 1: twenty seventeen, after serving twelve years and ten months, and

671
00:34:19,960 --> 00:34:22,440
Speaker 1: probably some other days too. But how did you end

672
00:34:22,520 --> 00:34:24,360
Speaker 1: up getting released? How did that work?

673
00:34:25,320 --> 00:34:29,000
Speaker 2: Well, listen to it is it's pretty interested too. Okay, Well,

674
00:34:29,200 --> 00:34:33,319
Speaker 2: the judge issues in order for my immediate release because

675
00:34:33,320 --> 00:34:36,719
Speaker 2: they dismissed the robbery charge which held twenty years. In

676
00:34:36,760 --> 00:34:39,200
Speaker 2: the possession of stolen property charge held I think it

677
00:34:39,239 --> 00:34:41,960
Speaker 2: was two hunt third to seven years. So the maximum

678
00:34:41,960 --> 00:34:43,640
Speaker 2: amount of time that I could have done on a

679
00:34:43,640 --> 00:34:46,360
Speaker 2: possession of stolen property charge with seven years being that

680
00:34:46,400 --> 00:34:48,880
Speaker 2: I did twelve years and ten months. He issued the

681
00:34:48,960 --> 00:34:50,120
Speaker 2: order for my immediate release.

682
00:34:50,360 --> 00:34:51,480
Speaker 1: What was that day? Like?

683
00:34:52,080 --> 00:34:57,440
Speaker 2: Man, it was like finally, you know, I couldn't believe it,

684
00:34:58,239 --> 00:35:00,560
Speaker 2: you know, because I mean you look at the average

685
00:35:00,560 --> 00:35:03,960
Speaker 2: people in jail, and a lot of them that's innocent.

686
00:35:04,000 --> 00:35:06,480
Speaker 2: It's still not coming home. You know. I got a

687
00:35:06,480 --> 00:35:09,799
Speaker 2: lot of friends, like I got like thirty guys that

688
00:35:09,840 --> 00:35:11,240
Speaker 2: I look out for that's in jail.

689
00:35:11,360 --> 00:35:11,520
Speaker 1: You know.

690
00:35:11,560 --> 00:35:13,040
Speaker 2: I do much as I can because not in the

691
00:35:13,040 --> 00:35:16,000
Speaker 2: best position right now, but a lot of people ain't

692
00:35:16,040 --> 00:35:19,040
Speaker 2: coming home. So I just feel fortunate enough to be

693
00:35:19,120 --> 00:35:31,640
Speaker 2: able to obtain my freedom.

694
00:35:31,680 --> 00:35:33,840
Speaker 1: So you come out of February third, it's probably minus

695
00:35:33,840 --> 00:35:36,800
Speaker 1: thirty degrees outside of Buffalo, February third. But nonetheless it

696
00:35:36,880 --> 00:35:38,160
Speaker 1: must have felt pretty warm.

697
00:35:41,360 --> 00:35:44,520
Speaker 2: I wasn't think about the weather, I can say that.

698
00:35:46,719 --> 00:35:49,919
Speaker 1: And meanwhile, now I'm hearing that you well, you got

699
00:35:49,920 --> 00:35:52,640
Speaker 1: married a couple of years ago, so congratulations on that.

700
00:35:52,920 --> 00:35:53,239
Speaker 2: Thank you.

701
00:35:54,000 --> 00:35:57,560
Speaker 1: And I hear now you're doing some amazing things with

702
00:35:57,920 --> 00:36:02,400
Speaker 1: a couple of my favorite people, Xanneries named Marty Tankliff

703
00:36:02,719 --> 00:36:05,640
Speaker 1: and Jeffrey Deshkovic. Both have been on the show before.

704
00:36:06,440 --> 00:36:09,560
Speaker 2: Well, I mean I met Marty when I was with Kean.

705
00:36:10,080 --> 00:36:12,920
Speaker 2: Kean Kalabi was one of xanneries who's also an attorney,

706
00:36:13,360 --> 00:36:16,680
Speaker 2: and Steve metcalf. I know who Marty's connected with then

707
00:36:16,719 --> 00:36:19,439
Speaker 2: Jeffrey Deskovic. I was telling you that I assisted him

708
00:36:19,440 --> 00:36:22,120
Speaker 2: with the prison reform movement and him and Bill Busnick

709
00:36:22,640 --> 00:36:25,279
Speaker 2: in Pennsylvania. It was at Temple University, but all of

710
00:36:25,280 --> 00:36:28,919
Speaker 2: the pa exannarees, and yeah, I mean that's that's a few.

711
00:36:29,120 --> 00:36:30,960
Speaker 2: I have a lot of different attorneys that you know,

712
00:36:30,960 --> 00:36:34,240
Speaker 2: I've been connected to and you know, sending them cases,

713
00:36:34,360 --> 00:36:36,560
Speaker 2: and me and Carl still been doing a lot of

714
00:36:36,600 --> 00:36:40,719
Speaker 2: work together. He's definitely my friend, you know, who helped

715
00:36:40,719 --> 00:36:41,480
Speaker 2: me get out of prison.

716
00:36:41,920 --> 00:36:45,759
Speaker 1: So yeah, that's awesome and has also been on the show.

717
00:36:45,800 --> 00:36:50,080
Speaker 1: He's an incredible guy. And then you're doing amazing work

718
00:36:50,120 --> 00:36:53,440
Speaker 1: with all these great people, but you're also still fighting

719
00:36:53,880 --> 00:36:58,400
Speaker 1: your own wrongful conviction for the possession of stolen property charge.

720
00:36:58,640 --> 00:37:03,279
Speaker 2: Yes, now this is where it gets really, really interesting.

721
00:37:04,480 --> 00:37:07,239
Speaker 2: Kurtail Walker testified that he had twenty five hundred in

722
00:37:07,239 --> 00:37:09,080
Speaker 2: his pans, he put five hundred in his sock, and

723
00:37:09,080 --> 00:37:11,880
Speaker 2: he hit the two thousand in the police car. In

724
00:37:11,920 --> 00:37:15,520
Speaker 2: the transcripts, Judge Burns had the stenographer to add that

725
00:37:15,600 --> 00:37:19,160
Speaker 2: he asked Kurtail a question personally, how much money did

726
00:37:19,200 --> 00:37:22,800
Speaker 2: you have? And Kurtail said three or four thousand dollars.

727
00:37:22,960 --> 00:37:27,440
Speaker 2: That never was said. I really couldn't understand why Judge

728
00:37:27,480 --> 00:37:31,719
Speaker 2: Burns fabricated the transcripts because whether he had three or

729
00:37:31,760 --> 00:37:34,520
Speaker 2: four thousand dollars, it does not matter because I did

730
00:37:34,560 --> 00:37:37,200
Speaker 2: not have any of the money. You understand what I'm saying,

731
00:37:37,200 --> 00:37:40,319
Speaker 2: which it does not make sense at all. So after

732
00:37:40,320 --> 00:37:43,360
Speaker 2: they fabricated the transcripts, a motion was put in to

733
00:37:43,440 --> 00:37:46,880
Speaker 2: settle the transcripts, and it was eight affidavits inside of

734
00:37:46,880 --> 00:37:49,160
Speaker 2: that motion as well from all of the people that

735
00:37:49,280 --> 00:37:52,480
Speaker 2: was present during that hearing to say no, kurtail Walker

736
00:37:52,520 --> 00:37:55,400
Speaker 2: never said that. They denied that motion. So now it

737
00:37:55,480 --> 00:37:58,600
Speaker 2: goes to the twenty nineteen hearing. We file another four

738
00:37:58,719 --> 00:38:01,480
Speaker 2: forty We had the evan, the police reports and stuff

739
00:38:01,520 --> 00:38:04,719
Speaker 2: like that. So the lawyers presented the motion and the

740
00:38:04,800 --> 00:38:08,240
Speaker 2: judge granted and hearing Judge Christopher Burns grants the hearing.

741
00:38:09,040 --> 00:38:12,320
Speaker 2: He gives a specific order and says the hearing specifically

742
00:38:12,360 --> 00:38:16,399
Speaker 2: revolves around the amount of money that was obtained from

743
00:38:16,520 --> 00:38:20,320
Speaker 2: defending Rix during the time of his arrest. Okay, because

744
00:38:20,360 --> 00:38:22,080
Speaker 2: you know, we got all of the proof saying listen,

745
00:38:22,120 --> 00:38:24,480
Speaker 2: they recovered his money from Kurt to Walker and from

746
00:38:24,640 --> 00:38:27,360
Speaker 2: the women pursus. You know, we have the police reports

747
00:38:27,360 --> 00:38:31,480
Speaker 2: to prove this and witness affidavis the fourteen hundred dollars

748
00:38:31,600 --> 00:38:33,920
Speaker 2: that Officer Brown recovered from the women's purse. Because he

749
00:38:33,960 --> 00:38:36,080
Speaker 2: was the only officer in Amhurst that searched the car,

750
00:38:36,160 --> 00:38:38,080
Speaker 2: so it's not like other officers could have recovered it.

751
00:38:38,120 --> 00:38:40,640
Speaker 2: None of the Buffalo police officers was in Amhurst. When

752
00:38:40,680 --> 00:38:44,239
Speaker 2: we went to Buffalo Police Station, Officer Brown gave the

753
00:38:44,280 --> 00:38:49,239
Speaker 2: fourteen hundred dollars to another officer named Joanne Cino. This

754
00:38:49,400 --> 00:38:52,200
Speaker 2: was the officer that was with Marina and Tina, and

755
00:38:52,280 --> 00:38:55,680
Speaker 2: she created a police report that stated that fourteen hundred

756
00:38:55,719 --> 00:39:00,600
Speaker 2: dollars of the stolen money recovered was recovered from the

757
00:39:00,640 --> 00:39:07,600
Speaker 2: women's purses. The prosecutor withheld this police report, so the

758
00:39:07,640 --> 00:39:10,920
Speaker 2: defense never even knew that fourteen hundred dollars of the

759
00:39:10,920 --> 00:39:14,960
Speaker 2: thirty four hundred dollars actually belonged to the purses of

760
00:39:15,000 --> 00:39:17,359
Speaker 2: the women. So this was a police report that I

761
00:39:17,440 --> 00:39:20,880
Speaker 2: was able to obtain during a four year request. Also,

762
00:39:21,200 --> 00:39:24,839
Speaker 2: when I mentioned patrol car one to five, after the

763
00:39:24,840 --> 00:39:28,560
Speaker 2: officers recovered the stolen money hidden in the backseat of

764
00:39:28,560 --> 00:39:32,320
Speaker 2: the police car, they took a picture. I was able

765
00:39:32,360 --> 00:39:35,960
Speaker 2: to obtain a copy of the Amherst police report which

766
00:39:36,000 --> 00:39:38,600
Speaker 2: shows that the only picture that they took of the

767
00:39:38,680 --> 00:39:42,200
Speaker 2: money was from patrol car one to five, not patrol

768
00:39:42,239 --> 00:39:45,319
Speaker 2: car one o seven where I was at. So we

769
00:39:45,440 --> 00:39:47,880
Speaker 2: go to the hearing. Two things had to be established,

770
00:39:48,080 --> 00:39:51,320
Speaker 2: the time of arrest and what was obtained from me

771
00:39:52,040 --> 00:39:55,239
Speaker 2: during that time. Okay, based upon the judge's order. So

772
00:39:55,280 --> 00:39:58,840
Speaker 2: we established that I was placed under arrest by Officer

773
00:39:58,920 --> 00:40:02,879
Speaker 2: Martin Motely and Officer Johnson Loveto. We established that they

774
00:40:02,920 --> 00:40:05,840
Speaker 2: never charged me with possession of stolen property. We established

775
00:40:05,880 --> 00:40:09,719
Speaker 2: that the booking report proved that no stolen money was

776
00:40:09,719 --> 00:40:12,200
Speaker 2: ever recovered from me. And we also had Kurtil Walker

777
00:40:12,239 --> 00:40:14,319
Speaker 2: to come testified to all of the other facts that

778
00:40:14,360 --> 00:40:17,000
Speaker 2: we just spoke about. And we had Marina to testify

779
00:40:17,040 --> 00:40:19,320
Speaker 2: that the officers did take the money out of her purse. Okay,

780
00:40:19,360 --> 00:40:23,120
Speaker 2: all of that was established. Da Flynn he had just

781
00:40:23,280 --> 00:40:27,160
Speaker 2: came in office in twenty seventeen. Okay. So for the

782
00:40:27,160 --> 00:40:31,360
Speaker 2: twenty nineteen hearing, Robert Goldstein, at my requests, had a

783
00:40:31,400 --> 00:40:34,880
Speaker 2: meeting with DA Flint and d A. Herrity. He showed

784
00:40:35,000 --> 00:40:37,719
Speaker 2: Da Flynn everything DA Flynn told him, he didn't care

785
00:40:37,719 --> 00:40:42,480
Speaker 2: about it, and then told Thomas Brown everything that Attorney

786
00:40:42,480 --> 00:40:45,680
Speaker 2: Goldstein has said to him in the letter. We actually

787
00:40:45,680 --> 00:40:47,480
Speaker 2: prepared a letter that mentioned all of the perjuries and

788
00:40:47,480 --> 00:40:53,080
Speaker 2: stuff like that. Officer Brown's testimony changed at every single

789
00:40:53,719 --> 00:40:57,200
Speaker 2: court appearance. So when we had the twenty nineteen hearing,

790
00:40:57,719 --> 00:41:03,799
Speaker 2: Officer Thomas Brown now comes and testifies that he never

791
00:41:03,840 --> 00:41:07,200
Speaker 2: searched Kurtil Walker, he never recovered the deposit bags, he

792
00:41:07,239 --> 00:41:10,799
Speaker 2: never recovered the checks, he never recovered the money. This

793
00:41:10,840 --> 00:41:13,920
Speaker 2: is what he testifies to end the record, and this

794
00:41:13,960 --> 00:41:15,440
Speaker 2: is why I'm pushing right now to get charge just

795
00:41:15,440 --> 00:41:18,480
Speaker 2: pressed on him for this perjury right here. He knew

796
00:41:18,520 --> 00:41:21,600
Speaker 2: that we had proof to prove that he fabricated that

797
00:41:21,680 --> 00:41:23,480
Speaker 2: evidence in reference to that money when I was able

798
00:41:23,480 --> 00:41:26,040
Speaker 2: to obtain that police report that mentioned, you know that

799
00:41:26,120 --> 00:41:28,600
Speaker 2: he basically gave that money to that officer. So now

800
00:41:28,640 --> 00:41:31,279
Speaker 2: he knew that we had sufficient evidence, and he said

801
00:41:31,280 --> 00:41:33,680
Speaker 2: that he never recovered nothing. He said, listen, I seen

802
00:41:33,680 --> 00:41:35,960
Speaker 2: the money, and I pointed out to the Buffalo Police,

803
00:41:35,960 --> 00:41:38,120
Speaker 2: and they're the ones who recovered it. Listen where it

804
00:41:38,120 --> 00:41:41,400
Speaker 2: gets crazy, though, because the Buffalo booking report shows that

805
00:41:41,440 --> 00:41:44,319
Speaker 2: absolutely nothing was taken from me. That means that none

806
00:41:44,360 --> 00:41:48,279
Speaker 2: of the prosecution witnesses ever recovered any stolen money, any

807
00:41:48,320 --> 00:41:52,120
Speaker 2: stolen checks or anything. I ended up finding a police report.

808
00:41:52,200 --> 00:41:54,360
Speaker 2: It was like God woke me up at six o'clock

809
00:41:54,400 --> 00:41:56,080
Speaker 2: in the morning and tell me look through all my papers.

810
00:41:56,080 --> 00:41:58,480
Speaker 2: And I got thousands of papers, and I found that

811
00:41:58,640 --> 00:42:02,239
Speaker 2: Amherst police report with Officer Thomas Brown badge number and

812
00:42:02,280 --> 00:42:05,840
Speaker 2: signature that said that he overturned the checks, the deposit

813
00:42:05,920 --> 00:42:09,839
Speaker 2: bags in the thirty four hundred dollars of money combined

814
00:42:10,400 --> 00:42:13,319
Speaker 2: to the Buffalo Police. So now I said, okay, I

815
00:42:13,360 --> 00:42:17,319
Speaker 2: want childs pressed on officer Brown for the perjuries that

816
00:42:17,360 --> 00:42:20,719
Speaker 2: he committed in the twenty nineteen hearing. I don't feel

817
00:42:20,719 --> 00:42:22,840
Speaker 2: that anyone else should be held at any different standard.

818
00:42:23,280 --> 00:42:26,000
Speaker 2: You know, it was perjury. It's clear perjury. We have

819
00:42:26,040 --> 00:42:29,880
Speaker 2: sufficient evidence to prove it. So we file a reargument motion.

820
00:42:30,280 --> 00:42:33,880
Speaker 2: Judge Burns completely ignores it, ignores it, and then on

821
00:42:33,920 --> 00:42:38,160
Speaker 2: top of ignoring it, say that officer Brown was believable,

822
00:42:38,920 --> 00:42:42,160
Speaker 2: and so do Da Heredy. They say, oh, all of

823
00:42:42,160 --> 00:42:46,400
Speaker 2: the other witnesses, you know, basically wasn't believable, but officer

824
00:42:46,400 --> 00:42:49,880
Speaker 2: Brown was. But Judge Burns did admit an order that

825
00:42:50,320 --> 00:42:53,040
Speaker 2: there was a Brady violation, meaning that the officers did

826
00:42:53,440 --> 00:42:56,200
Speaker 2: withhold the fourteen hundred dollars that was taken from the

827
00:42:56,200 --> 00:42:59,840
Speaker 2: women's purse, and that Marina was believable when she testified

828
00:42:59,840 --> 00:43:01,799
Speaker 2: that they actually took the money. But he did not

829
00:43:02,040 --> 00:43:04,840
Speaker 2: dismissing that charges based upon the Brady violation when he

830
00:43:04,920 --> 00:43:07,719
Speaker 2: knew the amount of money was an essential element to

831
00:43:07,800 --> 00:43:11,120
Speaker 2: a possession of stolen property charge. And now I have

832
00:43:11,280 --> 00:43:14,680
Speaker 2: tourney Steven Metcalf. We have an appeal in we have

833
00:43:14,800 --> 00:43:17,760
Speaker 2: all of the perjuries and stuff that's being mentioned. Again

834
00:43:18,200 --> 00:43:19,480
Speaker 2: going back to the Appillar.

835
00:43:19,200 --> 00:43:22,160
Speaker 1: Division, there's still possibility that the perjury charges can be

836
00:43:22,200 --> 00:43:22,960
Speaker 1: brought right.

837
00:43:23,000 --> 00:43:25,880
Speaker 2: Oh yes, as well within the statute of limitation. And

838
00:43:25,920 --> 00:43:29,000
Speaker 2: then the perjury just was committed in twenty nineteen. So

839
00:43:29,520 --> 00:43:32,720
Speaker 2: as of recently, I just had meetings with Citizens' Action.

840
00:43:33,000 --> 00:43:35,279
Speaker 2: You know, it's about thirty other organizations that was going

841
00:43:35,360 --> 00:43:38,440
Speaker 2: to assist me in bringing the truth to DA Flynn

842
00:43:39,040 --> 00:43:41,839
Speaker 2: and the mayor of Buffalo so that these charges can

843
00:43:41,880 --> 00:43:44,720
Speaker 2: be brought against this racist police officer, Thomas Brown.

844
00:43:45,600 --> 00:43:48,239
Speaker 1: Is there anything that anyone can do to help you?

845
00:43:48,680 --> 00:43:52,880
Speaker 1: I say to it, I mean, me, my team, our audiences,

846
00:43:52,920 --> 00:43:55,800
Speaker 1: so many smart capable people out there that are listeners,

847
00:43:55,840 --> 00:43:58,040
Speaker 1: that are that are wanting to get involved, and I know

848
00:43:58,040 --> 00:43:59,680
Speaker 1: they're going to hear your voice. They're going to say,

849
00:43:59,800 --> 00:44:02,240
Speaker 1: I can't let this stand. There's got to be something.

850
00:44:02,280 --> 00:44:04,279
Speaker 1: Is there something? Even if it's something as simple as

851
00:44:04,320 --> 00:44:06,239
Speaker 1: writing a letter or making a phone call, but maybe

852
00:44:06,239 --> 00:44:08,160
Speaker 1: there's more. I don't know. You tell me, I need.

853
00:44:08,040 --> 00:44:09,879
Speaker 2: All of the assistance that I can get. I mean,

854
00:44:09,920 --> 00:44:12,400
Speaker 2: you see how complicated this is, and it's bigger than me.

855
00:44:12,680 --> 00:44:15,239
Speaker 2: I'm still new to this world, so it's like I'm

856
00:44:15,280 --> 00:44:18,279
Speaker 2: just figuring it out. However, anybody that's willing to assist me,

857
00:44:18,600 --> 00:44:21,279
Speaker 2: I'll provide all of the paperwork to show that I

858
00:44:21,320 --> 00:44:24,160
Speaker 2: have sufficient evidence to support every allegation that I'm making.

859
00:44:24,719 --> 00:44:26,319
Speaker 2: And yeah, I just need the people just to be

860
00:44:26,400 --> 00:44:28,760
Speaker 2: with me, to support me to prove my innocence.

861
00:44:29,560 --> 00:44:32,200
Speaker 1: Right. So what we're gonna do for starters is we're

862
00:44:32,200 --> 00:44:34,480
Speaker 1: going to start a petition. There'll be a link in

863
00:44:34,520 --> 00:44:38,400
Speaker 1: the bio so people can sign up. People can follow

864
00:44:38,440 --> 00:44:40,719
Speaker 1: you as well on Instagram and social media if you

865
00:44:40,760 --> 00:44:42,360
Speaker 1: can give us those handles.

866
00:44:42,520 --> 00:44:47,880
Speaker 2: My Facebook, my Instagram, my YouTube, and my SoundCloud is

867
00:44:47,920 --> 00:44:52,040
Speaker 2: all under Keante Rix and the correct spelling is k

868
00:44:52,200 --> 00:44:56,760
Speaker 2: e yo n ty r cks.

869
00:44:57,080 --> 00:44:59,759
Speaker 1: Let's follow him and keep in the know about the

870
00:45:00,000 --> 00:45:03,120
Speaker 1: developments in the case by following Kyante and checking the

871
00:45:03,160 --> 00:45:08,040
Speaker 1: link in our bio. And now, Kyante, what can I say? Man?

872
00:45:08,480 --> 00:45:09,880
Speaker 1: I knew I was going to be in for a

873
00:45:09,920 --> 00:45:13,839
Speaker 1: whirlwind when we did this interview, but I wasn't even

874
00:45:13,880 --> 00:45:18,560
Speaker 1: prepared for all these twists and turns. It's an extraordinary

875
00:45:18,800 --> 00:45:22,040
Speaker 1: story and it's an amazing life that you're living now.

876
00:45:22,200 --> 00:45:24,680
Speaker 1: And more power to you. I wish you all the

877
00:45:24,719 --> 00:45:28,040
Speaker 1: success and blessings in the world, you and your family.

878
00:45:28,520 --> 00:45:32,440
Speaker 1: And now we have a thing called closing Arguments, and

879
00:45:32,480 --> 00:45:35,200
Speaker 1: this is the part of the show where I first

880
00:45:35,239 --> 00:45:38,960
Speaker 1: of all, thank you again Kyante for being here. And

881
00:45:39,040 --> 00:45:43,799
Speaker 1: now it's up to you to share whatever thoughts you

882
00:45:43,920 --> 00:45:46,840
Speaker 1: want about anything with our audience.

883
00:45:47,280 --> 00:45:48,880
Speaker 2: Well, this is something that I want to put in

884
00:45:48,880 --> 00:45:52,839
Speaker 2: an atmosphere because I feel that a lot of times

885
00:45:52,880 --> 00:45:54,560
Speaker 2: we focus more on the problems than we focus on

886
00:45:54,600 --> 00:45:57,759
Speaker 2: the solutions. And I know that this is bigger than me,

887
00:45:58,200 --> 00:46:00,719
Speaker 2: so that suggests that we create something like like a

888
00:46:00,920 --> 00:46:04,440
Speaker 2: motion review committee. Okay, the average exign of reason I

889
00:46:04,480 --> 00:46:06,800
Speaker 2: think they said was doing about a minimum of twelve

890
00:46:06,920 --> 00:46:08,919
Speaker 2: years or I don't know if that was just PA.

891
00:46:09,840 --> 00:46:12,520
Speaker 2: But what I feel is that it's not just the

892
00:46:12,600 --> 00:46:15,399
Speaker 2: police that's killing people in the streets. They're killing people

893
00:46:15,400 --> 00:46:18,239
Speaker 2: in courts. It's the district attorneys, and it's the judges too.

894
00:46:18,840 --> 00:46:22,200
Speaker 2: It's a demonic system. And what we need to do

895
00:46:22,400 --> 00:46:25,640
Speaker 2: is not just focus on prosecutors or police. We need

896
00:46:25,680 --> 00:46:28,640
Speaker 2: to focus on these judges as well, because if you see,

897
00:46:28,880 --> 00:46:30,880
Speaker 2: you know, in my case and the evidence that I

898
00:46:30,920 --> 00:46:34,200
Speaker 2: have like the judges, both of them, you know, played

899
00:46:34,239 --> 00:46:37,400
Speaker 2: a major part, including their pillar judges who you know,

900
00:46:37,440 --> 00:46:39,399
Speaker 2: it's my right to confront my accusers. So I mean,

901
00:46:39,400 --> 00:46:42,279
Speaker 2: how do you uphold a conviction without a victim and

902
00:46:42,280 --> 00:46:44,960
Speaker 2: without an eyewitness. It makes no sense based upon the

903
00:46:45,040 --> 00:46:47,680
Speaker 2: United States Constitution. So what I feel is that we

904
00:46:47,719 --> 00:46:50,560
Speaker 2: need to create committees, even if we had to contract

905
00:46:50,560 --> 00:46:52,280
Speaker 2: with the lawyers. I know the lawyers are under attorney

906
00:46:52,280 --> 00:46:55,920
Speaker 2: client privilege, but I feel that when they're putting motions

907
00:46:55,920 --> 00:46:58,360
Speaker 2: in that these motions should be filed to the committees.

908
00:46:58,400 --> 00:47:02,040
Speaker 2: And when the judges ignore the constitutional or procedural violations,

909
00:47:02,680 --> 00:47:04,799
Speaker 2: then I think that the committee should come together to

910
00:47:04,840 --> 00:47:07,680
Speaker 2: file complaints with the Judical Conduct Committee to get them

911
00:47:07,760 --> 00:47:10,440
Speaker 2: judges out of office, because I mean, that will help

912
00:47:10,480 --> 00:47:12,640
Speaker 2: the people get out of prison that's not supposed to

913
00:47:12,640 --> 00:47:15,200
Speaker 2: be there. It will also prevent people from actually going

914
00:47:15,200 --> 00:47:17,040
Speaker 2: to prison. And when you hold the head of the

915
00:47:17,040 --> 00:47:19,959
Speaker 2: body accountable, the head of the body holds the rest

916
00:47:19,960 --> 00:47:22,440
Speaker 2: of the body accountable. The district attorney is not the

917
00:47:22,480 --> 00:47:25,640
Speaker 2: most important person or the strongest person inside of that courtroom.

918
00:47:26,160 --> 00:47:28,360
Speaker 2: I believe it's the judge. Because the judge has to

919
00:47:28,400 --> 00:47:30,920
Speaker 2: say so and even though they are able to withhold

920
00:47:30,960 --> 00:47:34,320
Speaker 2: evidence in different things of that nature, but it's ultimately

921
00:47:34,440 --> 00:47:36,440
Speaker 2: up to the judge, you know, And a lot of

922
00:47:36,440 --> 00:47:38,360
Speaker 2: times the judges see the truth. I mean, one of

923
00:47:38,360 --> 00:47:40,719
Speaker 2: their famous statements is get it on the pill, and

924
00:47:40,760 --> 00:47:42,640
Speaker 2: a lot of people don't really pay attention to what

925
00:47:42,680 --> 00:47:45,680
Speaker 2: that means. What that means is I know that it's

926
00:47:45,719 --> 00:47:49,239
Speaker 2: constitutional or procedural violations in your case, but I'm not

927
00:47:49,360 --> 00:47:52,359
Speaker 2: going to give you the relief that I know I'm

928
00:47:52,360 --> 00:47:54,920
Speaker 2: supposed to be given to you. Let another judge give

929
00:47:54,920 --> 00:47:56,640
Speaker 2: it to you, because I'm not doing it, and that's

930
00:47:56,680 --> 00:47:59,840
Speaker 2: not right. It's not just the individuals a single judge

931
00:47:59,920 --> 00:48:02,360
Speaker 2: or or single district attorney, or a single police officer.

932
00:48:02,760 --> 00:48:06,239
Speaker 2: It's the whole system. And the only way for that

933
00:48:06,320 --> 00:48:09,080
Speaker 2: system to come down is if we all get involved

934
00:48:09,120 --> 00:48:11,840
Speaker 2: in it and we stop turning our face to the police,

935
00:48:12,000 --> 00:48:15,800
Speaker 2: prosecutor and judicial misconduct that's transpiring on a constant basis.

936
00:48:16,239 --> 00:48:19,080
Speaker 2: So that's basically all I want to say. I sincerely

937
00:48:19,080 --> 00:48:20,759
Speaker 2: thank you for allowing me to be able to come

938
00:48:20,760 --> 00:48:22,960
Speaker 2: on here, to be able to tell my story. I've

939
00:48:22,960 --> 00:48:25,440
Speaker 2: dedicated my life to doing what I'm doing. I also

940
00:48:25,480 --> 00:48:27,600
Speaker 2: work with the youth group in my church. I have

941
00:48:27,600 --> 00:48:30,040
Speaker 2: a customizer shirt business. I'm on a verge of starting

942
00:48:30,040 --> 00:48:32,480
Speaker 2: a young man Empowerment Academy because my wife has the

943
00:48:32,560 --> 00:48:35,520
Speaker 2: Young Woman Empowerment Academy and she has like two centers

944
00:48:35,560 --> 00:48:37,680
Speaker 2: in Buffalo won a Pensylvania about the start of Chapter

945
00:48:37,719 --> 00:48:41,240
Speaker 2: of Virginia. We're deeply invested in the community and helping people.

946
00:48:41,600 --> 00:48:43,600
Speaker 2: But like I said, the power is in numbers and

947
00:48:43,640 --> 00:48:45,600
Speaker 2: the powers with the people. So we all have to

948
00:48:45,600 --> 00:48:49,120
Speaker 2: come together and just figure this out because nobody's exempt.

949
00:48:49,400 --> 00:48:51,000
Speaker 2: It's not just the color thing. I mean, yeah, it's

950
00:48:51,040 --> 00:48:54,280
Speaker 2: happened more to blacks and Hispanics, but it's happened to everybody,

951
00:48:54,520 --> 00:48:56,520
Speaker 2: you know what I mean, this system, it happens to everybody,

952
00:48:56,520 --> 00:48:58,960
Speaker 2: and it's happened more so to the lower class, the

953
00:48:59,000 --> 00:49:02,279
Speaker 2: people who can't afford you know, attorneys and different things

954
00:49:02,320 --> 00:49:04,560
Speaker 2: in that nature. So I just say that, you know,

955
00:49:04,600 --> 00:49:07,399
Speaker 2: I thank y'all, and it's all about coming together. And

956
00:49:07,440 --> 00:49:10,400
Speaker 2: however I'm able to be of assistance to help with

957
00:49:10,480 --> 00:49:13,200
Speaker 2: people that has their freedom in their life taken, then

958
00:49:13,200 --> 00:49:18,279
Speaker 2: I'm I'm for it. So anyone can contact me. I'm

959
00:49:18,280 --> 00:49:21,120
Speaker 2: wanting to assist however I can, and that's all I

960
00:49:21,200 --> 00:49:23,279
Speaker 2: want to say. Thank you for allowing me to come

961
00:49:23,320 --> 00:49:23,839
Speaker 2: on your show.

962
00:49:29,880 --> 00:49:32,480
Speaker 1: Don't forget to give us a fantastic review wherever you

963
00:49:32,560 --> 00:49:36,160
Speaker 1: get your podcasts. It really helps. And I'm a proud

964
00:49:36,280 --> 00:49:38,839
Speaker 1: donor to the Nisis Project and I really hope you'll

965
00:49:38,920 --> 00:49:42,320
Speaker 1: join me in supporting this very important cause and helping

966
00:49:42,440 --> 00:49:46,319
Speaker 1: to prevent future wrongful convictions. Go to anesisproject dot org

967
00:49:46,480 --> 00:49:49,239
Speaker 1: to learn how to donate and get involved. I'd like

968
00:49:49,320 --> 00:49:52,280
Speaker 1: to thank our production team, Connor Hall and Kevin Wartis.

969
00:49:52,600 --> 00:49:54,840
Speaker 1: The music in the show is by three time OSCAR

970
00:49:54,920 --> 00:49:57,960
Speaker 1: nominated composer Jay Ralph. Be sure to follow us on

971
00:49:58,000 --> 00:50:02,800
Speaker 1: Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast.

972
00:50:03,160 --> 00:50:06,240
Speaker 1: Wrongful Conviction with Jason Flam is a production of Lava

973
00:50:06,239 --> 00:50:09,799
Speaker 1: for Good Podcasts and association with Signal Company Number one