WEBVTT - #159 Jason Flom with Keyontay Ricks

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<v Speaker 1>Keyante Rix had had three run ins with the law

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<v Speaker 1>and had been wrongfully convicted twice, the first when he

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<v Speaker 1>was four foot eleven and mistaken for a robber that

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<v Speaker 1>was six feet tall. While on parole from Juvie, Kyante

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<v Speaker 1>worked with a youth group mentoring troubled teens, one of

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<v Speaker 1>whom was an illiterate wheed dealer named Kurtel Walker. One

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<v Speaker 1>of Kurtel's customers was the manager of a rent center

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<v Speaker 1>who handled the business's bank deposits. The pair had crafted

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<v Speaker 1>a scheme in which the customer would settle a twenty

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<v Speaker 1>five hundred dollars weak debt by handing over the rent

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<v Speaker 1>to center deposit bag to Kurtel and then claiming that

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<v Speaker 1>he had been robbed. On June twenty eight, two thousand

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<v Speaker 1>and four, keyante Rix was on his way to Six

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<v Speaker 1>Flags with his children's mother, a friend, and Kurtel, but

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<v Speaker 1>before getting on the road, the group made a stop

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<v Speaker 1>near the rent a center, where, unbeknownst to the others,

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<v Speaker 1>Kurtel met up with his customer to follow through with

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<v Speaker 1>their plot. Taking a bit too long, the other three

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<v Speaker 1>almost left without him, but Kurtill caught up with them,

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<v Speaker 1>making a big scene in the process. When the police

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<v Speaker 1>arrived to investigate the stage robbery, a concerned passerby who

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<v Speaker 1>saw Curtel screaming and running after the car, gave the

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<v Speaker 1>police the license fleet number, even though Keyante had none

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<v Speaker 1>of the money and wasn't involved in any way, one

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<v Speaker 1>offhand remark in the interrogation room sent a racist cop

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<v Speaker 1>on a mission to pin the entire crazy scenario on him,

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<v Speaker 1>falsified evidence, made the mistimeter of felony, and put the

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

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<v Speaker 1>signed by the illiterate Curtel, and even when Kurtel tried

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<v Speaker 1>to recant and the alleged victim came forward about the

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<v Speaker 1>stage robbery plot, both were silenced. Keante Rix was sentenced

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<v Speaker 1>to twenty years in prison. This is Wrongful Conviction with

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<v Speaker 1>Jason Plomm. Welcome back to Wrongful Conviction with Jason Foum.

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

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<v Speaker 1>a story. It's the story of Kyante Rix. But before

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<v Speaker 1>I even introduced Kyante, let me just run a few

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<v Speaker 1>numbers by you. So Kyante was wrongfully arrested three times,

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<v Speaker 1>wrongfully convicted twice, and on one occasion he was shot

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<v Speaker 1>twice and then made into a suspect. He spent five

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<v Speaker 1>years wrongfully incarcerated as a child from fourteen to nineteen,

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<v Speaker 1>and then was said back to prison as an adult,

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<v Speaker 1>where he served almost thirteen years. And the problem is

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

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<v Speaker 1>but I'm sorry you have to be here man, after

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<v Speaker 1>everything you went through.

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<v Speaker 2>Thank you.

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<v Speaker 1>And as you will soon see, Kyante has maintained an

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<v Speaker 1>incredible attitude, even a sense of humor through all of this.

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<v Speaker 1>And Chiante, let's go back to the beginning, if it's

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<v Speaker 1>okay with you. And first of all, this is back

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<v Speaker 1>at Buffalo.

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<v Speaker 2>Right, Yes, sir, I grew up in Buffalo, New York.

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<v Speaker 2>The third incident transpired in the.

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<v Speaker 1>Amherst and Amherst is a suburb of Buffalo, where you

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<v Speaker 1>lived with your daughter and her mother, Marina, during the

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<v Speaker 1>time of your second wrongful conviction. But let's go back

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<v Speaker 1>to your first wrongful conviction as a minor. You were

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<v Speaker 1>fourteen years old fourteen? How old are you now? I'm

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

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

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<v Speaker 1>original case was this was related to a situation. Your

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<v Speaker 1>cousin had had some involvement in a scuffle that was

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<v Speaker 1>forty dollars that was owed and recovered. The alleged victim

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<v Speaker 1>claims he was robbed in stabbed, but now we know

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<v Speaker 1>that never even happened. The victim describes his assailants to

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<v Speaker 1>assailants as six feet and five eleven, and you were

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<v Speaker 1>four eleven. So how did you first get involved?

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<v Speaker 2>Well, I was actually with my cousin on his street

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<v Speaker 2>outside and the police put up and handcuffed us and

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<v Speaker 2>put us in a police car and then drove us

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<v Speaker 2>to a hospital. And some guys came out and they

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

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<v Speaker 2>And I mean that was the beginning of that right there.

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<v Speaker 1>The only way the police could sort of rope you

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<v Speaker 1>into this was by bringing you in as in like

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<v Speaker 1>a show up inside of a squad car, right, which

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<v Speaker 1>is of course going to buy us anybody. But and

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<v Speaker 1>I guess you might look taller sitting on the seat

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<v Speaker 1>in a squad car, but this is obviously madness. And

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<v Speaker 1>then you go all the way to trial on this

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<v Speaker 1>crazy thing, even though we're talking about an imaginary crime

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<v Speaker 1>and two imaginary suspects who were a foot taller than

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<v Speaker 1>you were, and you're fourteen years old, you're a child.

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<v Speaker 2>Yes, and I was sentenced as an adult when I

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<v Speaker 2>went to trial. But this is the thing, though, the

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<v Speaker 2>things that we just spoke about, it actually came out

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<v Speaker 2>and trial. The public defender that I had did mention

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<v Speaker 2>it that the guy gave the description of five eleven

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<v Speaker 2>and six foot and I was only four foot eleven.

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<v Speaker 2>And he also mentioned that the guy did not get

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<v Speaker 2>stabbed and had a superficial wound that required a band aid,

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<v Speaker 2>even though the jury was constantly told that this guy

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<v Speaker 2>got stabbed and I was sentence as an adult to

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<v Speaker 2>three and a third to ten years in a juvenile

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<v Speaker 2>maximum secure facility.

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<v Speaker 1>Is it true that your lawyer was drunk at trial?

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<v Speaker 2>Yes?

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<v Speaker 1>And how did that come out?

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<v Speaker 2>Well, I can see he was slurred while he was talking.

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<v Speaker 1>Oh so he was. He was legit drunk. He wasn't

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<v Speaker 1>a little drunk. He was like he was, yeah, okay,

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<v Speaker 1>that's great. I mean, I'm sorry, I just have to

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<v Speaker 1>be sarcastic because if I don't laugh, I'm gonna cry

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

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<v Speaker 1>This is not the first time we've heard this though,

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<v Speaker 1>that a lawyer was drunken trial. So the lawyer was

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<v Speaker 1>drunk a trial. He claimed that he appealed to charge,

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<v Speaker 1>but we know that never even happened. I mean, this

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<v Speaker 1>is this is disgusting, and you lived through this and

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

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

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<v Speaker 1>So fourteen years old you go to prison, right do

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<v Speaker 1>they call it juvie? But your sentence is an adult?

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<v Speaker 1>And what is that? Like?

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<v Speaker 2>Well, I just say that, I mean you had the

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<v Speaker 2>man up. I mean it was a serious environment. I

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<v Speaker 2>mean all of the other kids that was in these

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<v Speaker 2>juvenile maxes, a majority had you know, like eight the

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<v Speaker 2>life and stuff like that. And you know, you're away

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<v Speaker 2>from family, you can't be around your loved ones.

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<v Speaker 1>And I mean at fourteen, a lot of kids have

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<v Speaker 1>trouble adjusting the summer camp.

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<v Speaker 2>I was putting the jungle when I had to survive

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<v Speaker 2>in it. So you know that week get took an

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<v Speaker 2>advantage of you know, and I'm not a weak person,

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<v Speaker 2>so I mean it was a lot of fighting, and

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<v Speaker 2>there was a lot of stress. It was depression, it

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<v Speaker 2>was all kind of stuff you know that comes with

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<v Speaker 2>the problems of being incarcerated period. And then as a kid,

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<v Speaker 2>it was like, you know, I needed to be home,

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<v Speaker 2>I needed to be around family and loved ones and

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<v Speaker 2>you know, being deprived of that love and you know

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<v Speaker 2>I made it through it. I just have a different attitude.

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<v Speaker 2>I want you, I just want to say that that

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<v Speaker 2>even though I was victimized, I don't live like a

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<v Speaker 2>victim because I know that you re victim I yourself

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<v Speaker 2>every day if you allow your thoughts to stay there.

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

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<v Speaker 2>you know, I did what I had to do when

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<v Speaker 2>I went through what I went through.

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<v Speaker 1>I did what I had to do, and I went

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<v Speaker 1>through what I went through. But I think everybody can

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<v Speaker 1>use to hear that. So thank you for sharing that. So, Chante,

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<v Speaker 1>you're parole at nineteen, you're out free, still under control

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<v Speaker 1>of the system because you're on parole, but you started

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<v Speaker 1>a family. Life is starting to look up. But then

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<v Speaker 1>tragedy struck again, right, and this goes back to when

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<v Speaker 1>you well, you were actually on your way to the

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<v Speaker 1>hospital when this incident happened.

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<v Speaker 2>Right, Yes, my daughter was more the day before. I

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<v Speaker 2>couldn't stay in the hospital because I was on parole,

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<v Speaker 2>so she wanted me to come to the hospital the

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<v Speaker 2>next day. I was actually at my cousin's house. I

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<v Speaker 2>left out of the house and as soon as I

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<v Speaker 2>closed the passenger door, two guns went off. I was

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<v Speaker 2>shot twice. They collapsed both my lungs, my ribs was broke,

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<v Speaker 2>and I ended up in critical condition.

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<v Speaker 1>And you were taken to the same hospital that your

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<v Speaker 1>daughter was at.

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<v Speaker 2>No. I was rushed to every county medical center, and

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<v Speaker 2>a security officer testified actually at the parole preliminary hearing

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<v Speaker 2>that the car put up the driver said the passenger

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<v Speaker 2>was shot him and three nurses ran up to the car.

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<v Speaker 2>They said I was slumped in the seat. They put

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<v Speaker 2>me out of the car. See how many times I

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<v Speaker 2>was shot. Then they put me on a stretcher pushed

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<v Speaker 2>me into the hospital. Then later on they assumed that

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<v Speaker 2>somebody was breaking into the car and they ran over

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<v Speaker 2>to the car and they seen a gun in the

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<v Speaker 2>car that was in the seat that allegedly I was

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<v Speaker 2>sitting in.

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<v Speaker 1>Right, I remember reading, they found a gun in the

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<v Speaker 1>car and tried to pin it on you, and then

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<v Speaker 1>nine months of more legal struggles and your life hanging

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<v Speaker 1>in the balance again. Of course, charges in that case

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

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<v Speaker 1>we get to Kurtel Walker. Can you tell us about

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<v Speaker 1>Kurtel and who he was to you?

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<v Speaker 2>Well, Kurteil was a trouble youth. He had a lot

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<v Speaker 2>of mens abilities, you know, he had a similar situation

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<v Speaker 2>like his mom was on drugs and stuff like that.

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<v Speaker 2>And I was actually working for a youth organization that

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<v Speaker 2>was ranan by this older gentleman named fred A lamin

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<v Speaker 2>riused to help the troubled youth, you know, to prevent

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<v Speaker 2>them from making bad decisions and stuff like that. So

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<v Speaker 2>Kurteil was one of them that was basically, you know,

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<v Speaker 2>participating in the programs.

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<v Speaker 1>So you were sort of keeping an eye on Kurtel,

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<v Speaker 1>Is that right, Like trying to keep him out of trouble,

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<v Speaker 1>even though he was selling weed. And you know, by

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<v Speaker 1>the way, a lot of people are selling weed now,

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<v Speaker 1>I mean it's like the people are getting rich off

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

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<v Speaker 1>so you were trying to sort of be almost like

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<v Speaker 1>a big brother to him, right, Yeah, I was.

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<v Speaker 2>I mean I was a big brother to a lot

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<v Speaker 2>of the kids because a lot of them, you know,

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<v Speaker 2>grew up fast being into the streets, doing a lot

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

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<v Speaker 2>she was one of the kids.

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<v Speaker 1>And now we fast forward to June twenty eight, two

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<v Speaker 1>thousand and four, and correct me if I'm wrong, But

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

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<v Speaker 1>and this is an important part of the story because

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<v Speaker 1>Marina is white, and we know that there's a cop

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<v Speaker 1>who gets involved in this, and people are saying that

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<v Speaker 1>it's because he didn't like the fact that you were

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<v Speaker 1>a black guy dating a white girl or avage kids

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<v Speaker 1>with her.

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<v Speaker 2>Nonetheless, yes, Officer Brown had prior problems with them.

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<v Speaker 1>And you were celebrating your birthday, right, yes, right, So

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<v Speaker 1>June twenty eight, two thousand and four, you and the

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<v Speaker 1>Marina celebrating your birthday going to six Flags and Darien

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

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<v Speaker 1>was along for the ride. Yes, And so Tina had

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<v Speaker 1>an errand to run before you went to pick up

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<v Speaker 1>your daughter for this little day trip. Right, and the

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<v Speaker 1>erin happened to be right near a rent a center.

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<v Speaker 1>Unbeknownst to you, one of Kurtel's customers owed him twenty

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<v Speaker 1>five hundred dollars for weed.

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<v Speaker 2>Right, Yes, the manager of the Renaiscenter store. His job

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<v Speaker 2>was to fill out the receipts and stuff like that

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<v Speaker 2>and to put the stuff into the bank deposit bags.

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<v Speaker 2>Then additionally take the deposit bags to the M and

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<v Speaker 2>T bank that was located in the same plaza. But

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<v Speaker 2>instead of him doing that, he established a plan where

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<v Speaker 2>he would pay Kurtail the money that he owed him.

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<v Speaker 2>So the manager put the money that he owed Kurtail

0:11:37.160 --> 0:11:39.839
<v Speaker 2>in the bag, had Kurtail meet him, and then gave

0:11:39.920 --> 0:11:43.079
<v Speaker 2>Kurtail the bag, and then later on faked as if

0:11:43.200 --> 0:11:45.240
<v Speaker 2>Kurtail had actually robbed him because he had to have

0:11:45.240 --> 0:11:47.240
<v Speaker 2>a way to cover up what he did.

0:11:47.400 --> 0:11:48.920
<v Speaker 1>Right because sooner or later they would have noticed the

0:11:48.960 --> 0:11:51.280
<v Speaker 1>twenty five hud dollars missing, obviously, so they staged this

0:11:51.360 --> 0:11:54.360
<v Speaker 1>fake robbery. Again. It's like something out of a bad movie.

0:11:54.640 --> 0:11:58.320
<v Speaker 1>But okay, So back to the car before picking up

0:11:58.360 --> 0:12:01.520
<v Speaker 1>your daughter and heading the six flag, Tina stopped to

0:12:01.600 --> 0:12:04.600
<v Speaker 1>run an errand near the rent to center, Tina went.

0:12:04.520 --> 0:12:07.679
<v Speaker 2>To the store. I was sleeping the back seat, and

0:12:07.840 --> 0:12:11.240
<v Speaker 2>Curtail told her listen, I'll be right back and hopped

0:12:11.280 --> 0:12:14.120
<v Speaker 2>out of the car and left, so no one in

0:12:14.160 --> 0:12:16.760
<v Speaker 2>the car knew what he was doing. When Tina came

0:12:16.840 --> 0:12:19.480
<v Speaker 2>out of the store, Curtail was not back and we

0:12:19.480 --> 0:12:23.560
<v Speaker 2>was about to leave him, so she put off. Curtail

0:12:23.600 --> 0:12:26.640
<v Speaker 2>came running to scream stop the car, so Tina put over.

0:12:26.960 --> 0:12:29.520
<v Speaker 2>Curtail came and hopped in the car and Tina in

0:12:29.559 --> 0:12:31.400
<v Speaker 2>them sat there for a while. I think one of

0:12:31.440 --> 0:12:33.640
<v Speaker 2>them thought that they had misplaced their keys or something,

0:12:33.679 --> 0:12:36.440
<v Speaker 2>so they set there for a while. And that's when

0:12:36.520 --> 0:12:39.280
<v Speaker 2>the guy, Edward Dupre, who just happened to be walking

0:12:39.320 --> 0:12:42.520
<v Speaker 2>down the street, said that he thought something criminal happened

0:12:42.520 --> 0:12:45.480
<v Speaker 2>when he's seen the way that Curtail ran and screamed

0:12:45.520 --> 0:12:47.840
<v Speaker 2>to stop the car, and when the car remained idle,

0:12:48.160 --> 0:12:50.360
<v Speaker 2>that he walked directly by the car, wrote the license

0:12:50.360 --> 0:12:52.679
<v Speaker 2>plate number down and got a good look in the

0:12:52.720 --> 0:12:54.960
<v Speaker 2>car and said that he's seeing the two females and

0:12:55.040 --> 0:12:57.680
<v Speaker 2>Kurtail walker. But I was in the car, but he

0:12:57.679 --> 0:12:59.040
<v Speaker 2>didn't see me in the car because I was sleeping

0:12:59.080 --> 0:13:02.240
<v Speaker 2>in the back seat. Oh that's how that happened.

0:13:02.679 --> 0:13:05.920
<v Speaker 1>And did you have any idea of all the insanity

0:13:05.960 --> 0:13:07.080
<v Speaker 1>that was taking place?

0:13:07.480 --> 0:13:09.960
<v Speaker 2>I did not, because I mean, you have to understand this, Jason,

0:13:10.480 --> 0:13:14.000
<v Speaker 2>I got a pregnant girlfriend in the car. I'm on parole,

0:13:15.000 --> 0:13:19.080
<v Speaker 2>I'm working. Of course, I would never have been around

0:13:19.120 --> 0:13:22.640
<v Speaker 2>something like that. So I did not know what Kurtail

0:13:22.679 --> 0:13:25.600
<v Speaker 2>Walker had did. And this was another thing that you

0:13:25.640 --> 0:13:29.439
<v Speaker 2>know that came out in the transcripts. If the individuals,

0:13:29.480 --> 0:13:32.760
<v Speaker 2>even if you have stupid criminals, okay, it's no way

0:13:32.760 --> 0:13:35.480
<v Speaker 2>in the world that a car of criminals is going

0:13:35.520 --> 0:13:39.080
<v Speaker 2>to sit less than a street away from where a

0:13:39.160 --> 0:13:40.559
<v Speaker 2>fake robbery transpired.

0:13:41.080 --> 0:13:44.080
<v Speaker 1>It defies all logic and common sense. You're not going

0:13:44.160 --> 0:13:46.400
<v Speaker 1>to sit around and wait to get in trouble or

0:13:46.400 --> 0:13:49.520
<v Speaker 1>get arrested or whatever it is. So the manager calls

0:13:49.640 --> 0:13:53.480
<v Speaker 1>nine to one to one and then things go downhill

0:13:53.480 --> 0:13:53.920
<v Speaker 1>from there.

0:13:54.240 --> 0:13:56.760
<v Speaker 2>The guy Edward Deprido was walking through when he said

0:13:56.800 --> 0:13:59.320
<v Speaker 2>that he wrote the license plate number down. When the

0:13:59.360 --> 0:14:01.960
<v Speaker 2>police put up to the crime scene, he gave the

0:14:02.000 --> 0:14:05.600
<v Speaker 2>police the license plate number. That's when the APB got

0:14:05.640 --> 0:14:07.840
<v Speaker 2>put out for Marina's car.

0:14:08.160 --> 0:14:14.160
<v Speaker 1>And then here comes this officer who becomes your tormentor.

0:14:14.840 --> 0:14:16.640
<v Speaker 1>But it starts with him spotting the car.

0:14:16.920 --> 0:14:19.560
<v Speaker 2>So we got off the interstate and Officer Brown was

0:14:19.680 --> 0:14:23.680
<v Speaker 2>shooting radar. He began to follow Marina's car. We put

0:14:23.720 --> 0:14:26.160
<v Speaker 2>in our driveway and Pheasant run. At this time, I

0:14:26.200 --> 0:14:28.560
<v Speaker 2>was living in Amherst when I had prior problem with

0:14:28.680 --> 0:14:33.680
<v Speaker 2>Officer Brown. Officer Brown performs a felony stop after he

0:14:33.760 --> 0:14:36.040
<v Speaker 2>calls for backup. It was a lot of Amherst police

0:14:36.040 --> 0:14:39.720
<v Speaker 2>that was immediately there. Officer Brown comes to me, throw

0:14:39.800 --> 0:14:42.160
<v Speaker 2>me on the ground, handcuff me on my hands behind

0:14:42.200 --> 0:14:46.160
<v Speaker 2>my back, search me. Find absolutely nothing on me because

0:14:46.160 --> 0:14:49.040
<v Speaker 2>I did not have anything place me in the police car.

0:14:49.520 --> 0:14:54.520
<v Speaker 2>The other officers, you know, check search everybody else. Walker

0:14:54.560 --> 0:14:57.560
<v Speaker 2>said that he did not have handcuffs on. Walker actually

0:14:57.600 --> 0:15:00.760
<v Speaker 2>took the bank deposit bags and hid it in his

0:15:00.800 --> 0:15:04.000
<v Speaker 2>boxer briefs, which makes sense that the officers is not

0:15:04.080 --> 0:15:07.880
<v Speaker 2>checking your area, you know. So they didn't find any

0:15:07.880 --> 0:15:10.000
<v Speaker 2>of the stolen items that Kurteil had on him.

0:15:10.280 --> 0:15:13.200
<v Speaker 1>They also put Marina, who as you said, was pregnant,

0:15:13.200 --> 0:15:15.360
<v Speaker 1>on the ground, and the cops need her on the

0:15:15.560 --> 0:15:17.440
<v Speaker 1>neck right on the pavement.

0:15:17.480 --> 0:15:19.200
<v Speaker 2>No, they had their knee on her back. And then

0:15:19.200 --> 0:15:23.280
<v Speaker 2>her mother ran outside with my daughter in her hand

0:15:23.480 --> 0:15:25.680
<v Speaker 2>and went up and the police officers aimed the gun

0:15:25.680 --> 0:15:27.440
<v Speaker 2>at her mother and told her to back up, and

0:15:27.720 --> 0:15:31.560
<v Speaker 2>her mother was screaming, she's pregnant, she's pregnant Oflficer Brown

0:15:31.680 --> 0:15:35.000
<v Speaker 2>then had Marina to sign a waiver and he went

0:15:35.080 --> 0:15:38.720
<v Speaker 2>and searched her car. When he searched her car, he

0:15:38.840 --> 0:15:42.000
<v Speaker 2>found the two purses that belonged to Marina and Tina

0:15:42.080 --> 0:15:45.120
<v Speaker 2>that was in the front seat. Alficter Brown then took

0:15:45.200 --> 0:15:48.240
<v Speaker 2>money out of both of those purses. Then he came back.

0:15:48.720 --> 0:15:52.760
<v Speaker 2>He transported me in patrol car one o seven. Because

0:15:52.800 --> 0:15:56.840
<v Speaker 2>these numbers are very very important reference to the fabrication

0:15:56.920 --> 0:16:00.240
<v Speaker 2>of evidence. He transported me in his patrol car, which

0:16:00.280 --> 0:16:04.000
<v Speaker 2>was Amherst patrol car one o seven, to the crime scene.

0:16:04.160 --> 0:16:07.200
<v Speaker 2>He brought me out of the car. The fake victim

0:16:07.440 --> 0:16:10.040
<v Speaker 2>manager came out and said, no, that's not him. He

0:16:10.200 --> 0:16:13.840
<v Speaker 2>got Kurtail Walker out of Amherst patrol car one oh five.

0:16:14.040 --> 0:16:17.400
<v Speaker 2>He didn't identify him as well. He then went and

0:16:17.480 --> 0:16:20.440
<v Speaker 2>searched the patrol car that Kurtil Walker was in patrol

0:16:20.440 --> 0:16:24.400
<v Speaker 2>car one o five found two thousand dollars that Kurtail

0:16:24.440 --> 0:16:28.600
<v Speaker 2>Walker had took out of his pants. Now, based upon

0:16:28.680 --> 0:16:31.520
<v Speaker 2>the testimony, Kurtail Walker said that he hid two thousand

0:16:31.560 --> 0:16:34.160
<v Speaker 2>dollars at the back of patrol car one oh five

0:16:34.520 --> 0:16:37.480
<v Speaker 2>and he had eighty eight dollars in his pocket. Officer

0:16:37.520 --> 0:16:40.920
<v Speaker 2>Brown then made Kurtail Walker kick off his shoes and

0:16:40.960 --> 0:16:45.320
<v Speaker 2>he recovered deposit bags, audit slips, and receipts that belonged

0:16:45.360 --> 0:16:49.360
<v Speaker 2>to the renn A Center. So, after Thomas Brown recovered

0:16:49.360 --> 0:16:51.880
<v Speaker 2>the checks, the deposit bags, and the money from Kurtail Walker,

0:16:52.400 --> 0:16:54.000
<v Speaker 2>he then got back at the police car that I

0:16:54.080 --> 0:16:58.840
<v Speaker 2>was in transported me to Buffalo Police headquarters. And based

0:16:58.920 --> 0:17:01.720
<v Speaker 2>upon the transcript, Officer Thomas Brown stayed the Buffalo Police

0:17:01.760 --> 0:17:06.440
<v Speaker 2>Headquarters for about two hours while the Buffalo Police officers

0:17:06.440 --> 0:17:10.960
<v Speaker 2>conducted the investigation. So Officer Brown then asked me that

0:17:11.040 --> 0:17:13.800
<v Speaker 2>I have any information about the criminals and am hearst

0:17:13.800 --> 0:17:16.240
<v Speaker 2>and that if I gave him information then I wouldn't

0:17:16.240 --> 0:17:19.920
<v Speaker 2>have to worry about a parole violation. And I told him, yes,

0:17:20.000 --> 0:17:22.199
<v Speaker 2>I have information. You should take your handcuffs out and

0:17:22.240 --> 0:17:28.200
<v Speaker 2>rest yourself. Officer Brown became very angry, and he started saying,

0:17:28.200 --> 0:17:30.240
<v Speaker 2>you know, you nigger, this that and the third, ou't

0:17:30.320 --> 0:17:32.320
<v Speaker 2>make sure you never get out of jail, and this,

0:17:32.400 --> 0:17:36.640
<v Speaker 2>that and the third, and you know he went above

0:17:36.680 --> 0:17:38.840
<v Speaker 2>and beyond after that, I'll say.

0:17:38.640 --> 0:17:43.119
<v Speaker 1>That now they brought Kurtel into it, right, And so

0:17:43.160 --> 0:17:47.760
<v Speaker 1>they interrogate Kurtel, who couldn't read or write, and under

0:17:47.960 --> 0:17:50.880
<v Speaker 1>physical duress and under pressure of a twenty five year

0:17:51.000 --> 0:17:56.359
<v Speaker 1>sentence and he was underage, they got him to sign

0:17:56.400 --> 0:17:59.280
<v Speaker 1>a statement that again he couldn't have understood because he

0:17:59.280 --> 0:18:03.360
<v Speaker 1>couldn't read, and say that you had planned the robbery

0:18:03.800 --> 0:18:06.040
<v Speaker 1>and that he just was sort of went along with

0:18:06.080 --> 0:18:07.320
<v Speaker 1>it and gave you the money.

0:18:07.119 --> 0:18:09.679
<v Speaker 2>Right, Kurtail Walker. On the day of the incident, the

0:18:09.760 --> 0:18:12.399
<v Speaker 2>officers basically slapped him around and did all of the

0:18:12.440 --> 0:18:15.359
<v Speaker 2>stuff to him. Right, So the officer that prepared the report,

0:18:15.480 --> 0:18:18.560
<v Speaker 2>Detective Mark Joseph Lauber, first of all, I will say

0:18:18.640 --> 0:18:21.560
<v Speaker 2>that he got caught up in some racist stuff. I

0:18:21.640 --> 0:18:24.280
<v Speaker 2>actually have the New York Times article. He got caught

0:18:24.359 --> 0:18:27.000
<v Speaker 2>up in some racial text messages and stuff and killed

0:18:27.000 --> 0:18:28.879
<v Speaker 2>a black guy and said that the guy aimed the

0:18:28.880 --> 0:18:30.920
<v Speaker 2>gun at him and the gun got found on the roof.

0:18:31.320 --> 0:18:33.919
<v Speaker 2>So this is not you know, a good police officer.

0:18:34.000 --> 0:18:35.159
<v Speaker 2>Let me put it like that, even though he was

0:18:35.200 --> 0:18:37.479
<v Speaker 2>able to beat these charges. Okay, now he's the one

0:18:37.560 --> 0:18:40.600
<v Speaker 2>that was in the room with Kurtail that prepared the statement.

0:18:41.040 --> 0:18:43.959
<v Speaker 2>Kurtil could not read, so you know, they threatened him

0:18:44.000 --> 0:18:46.320
<v Speaker 2>and told his grandmother listen, if he do not sign

0:18:46.320 --> 0:18:48.440
<v Speaker 2>this statement, he's gonna get twenty five years in jail.

0:18:48.480 --> 0:18:51.800
<v Speaker 2>He needs to sign a statement. So the statement still

0:18:51.840 --> 0:18:54.200
<v Speaker 2>stated that it wasn't a robbery. Though this is the thing,

0:18:54.240 --> 0:18:56.280
<v Speaker 2>they just added my name in there. Kurtail still let

0:18:56.359 --> 0:18:58.080
<v Speaker 2>him know, like listen, you know the guy gave him

0:18:58.080 --> 0:19:01.400
<v Speaker 2>the money. So the very next day, when we got

0:19:01.400 --> 0:19:04.280
<v Speaker 2>out on Bill, I was informed that my name was

0:19:04.320 --> 0:19:06.600
<v Speaker 2>in a statement, and I was very upset. I was

0:19:06.800 --> 0:19:09.679
<v Speaker 2>very upset. So the families all had a meeting, his

0:19:09.720 --> 0:19:12.879
<v Speaker 2>family's grandmother, mother, father, everybody had a meeting, and that's

0:19:12.920 --> 0:19:15.200
<v Speaker 2>when Kurtil told them, like, listen, this is the truth.

0:19:15.280 --> 0:19:17.479
<v Speaker 2>You know the guy owe him money and that you know,

0:19:18.160 --> 0:19:20.000
<v Speaker 2>basically I had no knowledge of it, nothing to do

0:19:20.040 --> 0:19:22.600
<v Speaker 2>with it, and neither did the girls. So the grandmother

0:19:23.240 --> 0:19:27.200
<v Speaker 2>takes Kurtail to Buffalo police station. The very next day

0:19:27.680 --> 0:19:30.399
<v Speaker 2>and tells the officers, listen, Kurtil Walker wants to confess.

0:19:30.440 --> 0:19:33.280
<v Speaker 2>My grandson wants to confess, to tell y'all exactly what happened,

0:19:33.280 --> 0:19:36.840
<v Speaker 2>because he just told us exactly what happened. The officers

0:19:37.040 --> 0:19:41.600
<v Speaker 2>refused to take the confession and documented in a police

0:19:41.640 --> 0:19:45.160
<v Speaker 2>report and say, Kurtil Walker came in here the next

0:19:45.200 --> 0:19:47.840
<v Speaker 2>day to the Major Crimes unit, told us that the

0:19:47.920 --> 0:19:50.080
<v Speaker 2>first statement was false and that he wanted to recent

0:19:50.200 --> 0:19:53.200
<v Speaker 2>the involvement of ricks and we told him to leave

0:19:53.240 --> 0:19:55.159
<v Speaker 2>and have a nice day, and the officers wouldn't even

0:19:55.200 --> 0:19:57.679
<v Speaker 2>take the confession from him. And I actually have the

0:19:57.680 --> 0:20:00.119
<v Speaker 2>police reports to prove every single thing. You know what

0:20:00.160 --> 0:20:00.560
<v Speaker 2>I'm saying.

0:20:01.640 --> 0:20:06.000
<v Speaker 1>Now they start fudging more of the evidence, right because

0:20:06.040 --> 0:20:09.600
<v Speaker 1>in order to charge you with a felony, they had

0:20:09.640 --> 0:20:13.560
<v Speaker 1>to have over three thousand dollars that was stolen, right,

0:20:13.800 --> 0:20:17.200
<v Speaker 1>And they've got all these disparate amounts of money. They've

0:20:17.240 --> 0:20:20.280
<v Speaker 1>got the money that they actually stole from the girl's

0:20:20.440 --> 0:20:23.840
<v Speaker 1>purses was fourteen hundred. Then they've got the two thousand

0:20:23.880 --> 0:20:26.600
<v Speaker 1>that Kurtel hid in the back of squad car one

0:20:26.680 --> 0:20:30.080
<v Speaker 1>oh five, which you never were in. Then they've got

0:20:30.119 --> 0:20:32.719
<v Speaker 1>eighty eight dollars from Curtel's wallet. If you add all

0:20:32.760 --> 0:20:35.320
<v Speaker 1>of this up, it's three four hundred and eighty eight dollars.

0:20:35.359 --> 0:20:38.159
<v Speaker 1>So they needed to get to a number over three

0:20:38.160 --> 0:20:41.720
<v Speaker 1>thousand dollars where they could charge you with a felony,

0:20:41.920 --> 0:20:44.320
<v Speaker 1>which we know Officer Brown very much wanted to charge

0:20:44.359 --> 0:20:47.560
<v Speaker 1>you with a felony. But how did they manage to

0:20:47.680 --> 0:20:49.720
<v Speaker 1>end up framing you for this one?

0:20:49.920 --> 0:20:53.480
<v Speaker 2>Well, the Buffalo police officers had Officer Brown writing notes

0:20:53.520 --> 0:20:56.199
<v Speaker 2>of everything that transpired why he was with me, and

0:20:56.240 --> 0:20:58.679
<v Speaker 2>my lawyer ended up obtaining a copy of those notes,

0:20:59.119 --> 0:21:02.719
<v Speaker 2>so those notes not say anything that the police reports

0:21:02.760 --> 0:21:06.919
<v Speaker 2>that Officer Brown prepared later ended up saying. After Officer

0:21:06.920 --> 0:21:09.800
<v Speaker 2>Brown went back to Amherst Police station, Officer Brown prepared

0:21:09.840 --> 0:21:12.600
<v Speaker 2>a statement that's called a seven ten thirty statement and

0:21:12.720 --> 0:21:17.359
<v Speaker 2>stated that I'm made verbal statements to him saying that

0:21:17.480 --> 0:21:20.640
<v Speaker 2>Kurtil Walker gave me the stolen money, that I hid

0:21:20.640 --> 0:21:23.760
<v Speaker 2>the stolen money in my shoe, and that I basically

0:21:23.760 --> 0:21:25.960
<v Speaker 2>took the money out of my shoe while my hands

0:21:26.000 --> 0:21:28.919
<v Speaker 2>was cuffed behind my back and hid it inside of

0:21:28.960 --> 0:21:29.640
<v Speaker 2>the police car.

0:21:31.320 --> 0:21:33.320
<v Speaker 1>Right, So we got to believe that you're some sort

0:21:33.320 --> 0:21:36.560
<v Speaker 1>of magician who deny David blamed somebody where you could

0:21:36.880 --> 0:21:40.760
<v Speaker 1>while you're in handcuffs, magically remove the money from your

0:21:40.960 --> 0:21:44.120
<v Speaker 1>shock or shoe and stick it in the other car

0:21:44.320 --> 0:21:46.919
<v Speaker 1>that you never even were in. That's got to be magic.

0:21:46.960 --> 0:21:50.199
<v Speaker 1>That's incredible. I mean, that's really what you have to

0:21:50.200 --> 0:21:52.400
<v Speaker 1>believe if you're going to believe their story on top

0:21:52.440 --> 0:21:54.520
<v Speaker 1>of all the other lives and nonsense.

0:21:54.840 --> 0:21:58.760
<v Speaker 2>And then Officer Brown stated that I'm made verbal statements

0:21:58.800 --> 0:22:01.919
<v Speaker 2>to him saying if he got rid of the money,

0:22:02.240 --> 0:22:05.080
<v Speaker 2>then I would tell him about the criminals and Amhurst

0:22:05.240 --> 0:22:09.080
<v Speaker 2>because it's going to break my parole. Now that seems crazy,

0:22:09.119 --> 0:22:12.200
<v Speaker 2>because I never was charged with possession of stolen property

0:22:12.400 --> 0:22:17.000
<v Speaker 2>initially until Officer Brown testified at the grand jury. The

0:22:17.040 --> 0:22:19.960
<v Speaker 2>district attorney actually added the possession of stolen property charge

0:22:20.000 --> 0:22:23.119
<v Speaker 2>because the Buffalo booking report shows that absolutely nothing was

0:22:23.160 --> 0:22:25.280
<v Speaker 2>taken from me. It says no items was recovered from

0:22:25.320 --> 0:22:28.080
<v Speaker 2>the defendant. I actually have copies of every single one

0:22:28.080 --> 0:22:30.000
<v Speaker 2>of these police reports. I had one hundred and fourteen

0:22:30.040 --> 0:22:32.280
<v Speaker 2>dollars that was my personal money. They put it with

0:22:32.359 --> 0:22:34.199
<v Speaker 2>my property and they gave it back to me the

0:22:34.240 --> 0:22:37.160
<v Speaker 2>next day. Now, what Officer Brown did this is how

0:22:37.160 --> 0:22:40.800
<v Speaker 2>they pulled this off. When he came to the grand jury,

0:22:41.359 --> 0:22:45.280
<v Speaker 2>he testified somewhat truthfully, he still liked and said that

0:22:45.320 --> 0:22:48.320
<v Speaker 2>he recovered the whole thirty four hundred from Kurtail Walker,

0:22:48.760 --> 0:22:51.520
<v Speaker 2>when in reality he only recovered two thousand dollars that

0:22:51.600 --> 0:22:53.520
<v Speaker 2>Kurtail Walker had hid in the backseat of the police

0:22:53.520 --> 0:22:55.360
<v Speaker 2>car and the eighty eight dollars that Kurtail Walker had

0:22:55.359 --> 0:22:58.000
<v Speaker 2>in his pocket. And they added the fourteen hundred from

0:22:58.040 --> 0:23:00.879
<v Speaker 2>the women to change it from a mister meanor to

0:23:00.920 --> 0:23:06.440
<v Speaker 2>a felony okay. So at the Huntly Map hearing, it

0:23:06.480 --> 0:23:08.639
<v Speaker 2>was a pre trial hearing. Well, the prosecution had to

0:23:08.720 --> 0:23:11.399
<v Speaker 2>establish if they had probable cause or not to arrest me.

0:23:11.760 --> 0:23:15.240
<v Speaker 2>So at the Huntly Map hearing, only the arrest officer

0:23:15.240 --> 0:23:17.720
<v Speaker 2>could come and testify. And Officer Brown comes to this

0:23:17.800 --> 0:23:21.399
<v Speaker 2>hearing and he testifies under oath that he placed me

0:23:21.560 --> 0:23:25.720
<v Speaker 2>under arrest at the crime scene after he recovered the

0:23:25.760 --> 0:23:28.520
<v Speaker 2>stolen money from the police card that I was in.

0:23:29.240 --> 0:23:32.480
<v Speaker 2>Then he charged me himself with possession of stolen property.

0:23:32.960 --> 0:23:35.320
<v Speaker 2>Then he ran me my rights after he charged me

0:23:35.359 --> 0:23:38.200
<v Speaker 2>with possession of stolen property, and then I waived my

0:23:38.320 --> 0:23:40.000
<v Speaker 2>right to self incrimination. And that's when I made a

0:23:40.119 --> 0:23:43.320
<v Speaker 2>verbal statement. Okay, and the judge decided that Overser Brown

0:23:43.359 --> 0:23:45.760
<v Speaker 2>was believable so that he can admit the physical evidence.

0:23:45.920 --> 0:23:47.720
<v Speaker 1>Probably the truest thing you ever said is that he

0:23:47.720 --> 0:23:49.600
<v Speaker 1>should have arrested himself. He would have been throwing us

0:23:49.600 --> 0:23:53.080
<v Speaker 1>all a favor. But okay, So just to keep track,

0:23:53.280 --> 0:23:57.480
<v Speaker 1>all right, So Officer Brown has now changed the details

0:23:57.480 --> 0:24:00.240
<v Speaker 1>from his initial notes to Buffalo PD, to his seven

0:24:00.280 --> 0:24:03.440
<v Speaker 1>ten thirty, then to his grand jury testimony, and then

0:24:03.520 --> 0:24:07.240
<v Speaker 1>to the Huntly map hearing, and all the while the judge,

0:24:07.800 --> 0:24:12.440
<v Speaker 1>the DA and everyone else is finding ways to find

0:24:12.560 --> 0:24:17.040
<v Speaker 1>him believable. Great, now we move on to the trial.

0:24:17.359 --> 0:24:20.479
<v Speaker 2>Okay. Now, during trial, Officer Brown had a complete three

0:24:20.480 --> 0:24:24.520
<v Speaker 2>point sixty. Okay. Officer Brown testified that he was not

0:24:24.600 --> 0:24:28.520
<v Speaker 2>the arresting officer, He was not the assisting officer. He

0:24:28.600 --> 0:24:30.800
<v Speaker 2>was not present when I was placing under arrest. He

0:24:30.880 --> 0:24:33.280
<v Speaker 2>did not know if I was placing under arrest. And

0:24:33.320 --> 0:24:36.280
<v Speaker 2>the thing is Austin Brown also testified that he was

0:24:36.320 --> 0:24:39.400
<v Speaker 2>the only officer that was with me from the initial

0:24:39.400 --> 0:24:41.320
<v Speaker 2>time in Amherst where he put the car over and

0:24:41.320 --> 0:24:43.840
<v Speaker 2>took me into custody. At the crime scene in at

0:24:43.880 --> 0:24:47.080
<v Speaker 2>Buffalo Police station for two hours while the Buffalo officers

0:24:47.119 --> 0:24:52.119
<v Speaker 2>conducted the investigation. Right then and there, the judge, the

0:24:52.160 --> 0:24:54.320
<v Speaker 2>district attorney, and everyone was made aware of the fact

0:24:54.320 --> 0:24:59.520
<v Speaker 2>that Officer Brown falsified everything at the Huntley map here

0:25:01.280 --> 0:25:03.639
<v Speaker 2>and they just ignored it.

0:25:18.920 --> 0:25:23.920
<v Speaker 1>So the victim didn't testify a trial. Courtel, Walker didn't

0:25:23.960 --> 0:25:27.720
<v Speaker 1>testify a trial and Curtel Courtel.

0:25:27.440 --> 0:25:29.520
<v Speaker 2>He went on a run when I went to trial.

0:25:29.920 --> 0:25:32.480
<v Speaker 1>So let's talk about Michael Demko.

0:25:32.600 --> 0:25:36.560
<v Speaker 2>Michael Demko was my trial attorney. He played an important

0:25:36.640 --> 0:25:39.760
<v Speaker 2>role in uh me actually ended up in jail. With

0:25:39.840 --> 0:25:43.120
<v Speaker 2>me getting out of jail. He didn't cause certain witnesses

0:25:43.160 --> 0:25:46.240
<v Speaker 2>that I requested that he called. You know, he said

0:25:46.240 --> 0:25:48.560
<v Speaker 2>that the reason why he didn't call them was because

0:25:48.920 --> 0:25:51.960
<v Speaker 2>without a victim and without an eyewitness, he didn't even

0:25:51.960 --> 0:25:53.840
<v Speaker 2>figure that, you know, they would go anywhere with the

0:25:53.880 --> 0:25:56.040
<v Speaker 2>case because based upon the law, those charges were supposed

0:25:56.040 --> 0:26:00.520
<v Speaker 2>to be dismissed. But you know, uh, with the witnesses,

0:26:00.680 --> 0:26:06.560
<v Speaker 2>they subpoenat every single person. They subpoena the fake victim

0:26:07.119 --> 0:26:10.480
<v Speaker 2>who was in custody on a material witness warrant, who

0:26:10.520 --> 0:26:15.439
<v Speaker 2>actually provided affidavit later on, stating that he told the

0:26:15.440 --> 0:26:17.480
<v Speaker 2>district attorney that I didn't have anything to do with him,

0:26:17.480 --> 0:26:19.600
<v Speaker 2>that he wasn't robbed, but they didn't allow him to

0:26:19.600 --> 0:26:21.600
<v Speaker 2>testify because the district attorney threatened him and told him,

0:26:21.600 --> 0:26:23.320
<v Speaker 2>you better not come to court and say that Kiyante

0:26:23.359 --> 0:26:25.960
<v Speaker 2>is innocent or you're gonna get twenty five years Okay,

0:26:26.280 --> 0:26:29.479
<v Speaker 2>Marina and Tina was subpoena district attorney told them that,

0:26:29.520 --> 0:26:31.880
<v Speaker 2>you know, he dropped charges on them, and they told

0:26:31.960 --> 0:26:33.920
<v Speaker 2>him that they knew the victim and that he never

0:26:33.960 --> 0:26:36.879
<v Speaker 2>got robbed, and that Kurtail never robbed him, and that

0:26:36.960 --> 0:26:38.680
<v Speaker 2>we never had no knowledge of what they did with

0:26:38.760 --> 0:26:41.040
<v Speaker 2>The district attorney told them the same thing. Y'all better

0:26:41.080 --> 0:26:42.600
<v Speaker 2>come back with a different story. Y'all better not come

0:26:42.640 --> 0:26:45.080
<v Speaker 2>and testify that Kiante is innocent, and he did not

0:26:45.119 --> 0:26:50.199
<v Speaker 2>allow them to testify neither. Okay, this is crazy. The

0:26:50.240 --> 0:26:52.520
<v Speaker 2>two managers was the only other two the.

0:26:52.520 --> 0:26:56.720
<v Speaker 1>Two managers of the RAC which is the place where

0:26:56.720 --> 0:27:01.000
<v Speaker 1>the fake robbery occurred, who weren't even there. Both testified.

0:27:01.040 --> 0:27:03.359
<v Speaker 1>One testified that he was present that day and that

0:27:03.400 --> 0:27:05.520
<v Speaker 1>the alleged victim had left with the bank deposit and

0:27:05.560 --> 0:27:08.119
<v Speaker 1>came back out of breath claiming to have been robbed,

0:27:08.359 --> 0:27:10.840
<v Speaker 1>also that he was unsure whether it was one hundred

0:27:11.080 --> 0:27:13.680
<v Speaker 1>or one hundred thousand dollars that was lost. The other

0:27:13.800 --> 0:27:17.200
<v Speaker 1>manager testified to establish the value at thirty four eighty eight,

0:27:17.600 --> 0:27:20.480
<v Speaker 1>so somebody obviously fed him that information. So then during

0:27:20.520 --> 0:27:23.280
<v Speaker 1>cross examination, it came out that the second manager that

0:27:23.400 --> 0:27:26.119
<v Speaker 1>established the one who established the value, hadn't even started

0:27:26.160 --> 0:27:29.720
<v Speaker 1>working at the location until almost a year after the

0:27:29.760 --> 0:27:33.320
<v Speaker 1>freaking incident, so he didn't even know the allegend robbery victim.

0:27:33.400 --> 0:27:36.520
<v Speaker 1>But he was an assistant manager, had a different location.

0:27:37.240 --> 0:27:41.000
<v Speaker 1>He wasn't there. Like this is I can't with this shit.

0:27:41.040 --> 0:27:43.080
<v Speaker 2>And like as you just said, you know, one was

0:27:43.160 --> 0:27:46.000
<v Speaker 2>to establish the value of the money, which is important

0:27:46.000 --> 0:27:48.680
<v Speaker 2>because you know, say an element of possession of stolen property,

0:27:48.800 --> 0:27:51.000
<v Speaker 2>it has to be a value. He testified that the

0:27:51.040 --> 0:27:53.160
<v Speaker 2>money took in and the money claimed to be recovered

0:27:53.160 --> 0:27:55.359
<v Speaker 2>match to the penny, which was a complete lie because

0:27:55.400 --> 0:27:57.359
<v Speaker 2>based upon the bank all it slips, it was not

0:27:57.480 --> 0:28:00.560
<v Speaker 2>the same amount of money. And he testified during cross

0:28:00.600 --> 0:28:03.280
<v Speaker 2>examination that he did not work at the store until

0:28:03.320 --> 0:28:06.199
<v Speaker 2>a year after the incident. When Demico axed him. Did

0:28:06.240 --> 0:28:08.520
<v Speaker 2>you did you ever hear that your your own manager

0:28:09.160 --> 0:28:12.240
<v Speaker 2>actually stole the money? He said, I just heard there

0:28:12.320 --> 0:28:15.400
<v Speaker 2>was an investigation and he was let go shortly after

0:28:15.440 --> 0:28:19.040
<v Speaker 2>the incident, so they definitely knew that he was not robbed.

0:28:19.520 --> 0:28:21.360
<v Speaker 1>No, it was a fake robbery. And I don't even

0:28:21.359 --> 0:28:23.680
<v Speaker 1>know sometimes why we have perjury laws when people like

0:28:23.720 --> 0:28:27.080
<v Speaker 1>this just lie at will understand and just get away

0:28:27.119 --> 0:28:29.200
<v Speaker 1>with it and just move on with their lives. And yeah,

0:28:29.240 --> 0:28:31.960
<v Speaker 1>this is this is some really bald faced lying going

0:28:32.000 --> 0:28:33.680
<v Speaker 1>on here, and a lot of it from a lot

0:28:33.680 --> 0:28:38.040
<v Speaker 1>of different people. Okay, So you ultimately get convicted in

0:28:38.120 --> 0:28:40.920
<v Speaker 1>June two thousand and five of robbery and criminal possession

0:28:40.920 --> 0:28:44.000
<v Speaker 1>of stolen properties, and because of your prior wrotical conviction,

0:28:44.840 --> 0:28:50.120
<v Speaker 1>your sentence was enhanced to twenty years. So I mean,

0:28:50.120 --> 0:28:52.280
<v Speaker 1>how did you deal with that? And what was that moment? Like?

0:28:53.800 --> 0:28:56.400
<v Speaker 2>Man, it was it was terrible, man, because I had

0:28:56.560 --> 0:28:58.680
<v Speaker 2>a baby on the way, man, and you know, I'm

0:28:58.680 --> 0:29:02.400
<v Speaker 2>a real family man, and I had two babies that's born. Man,

0:29:02.480 --> 0:29:05.600
<v Speaker 2>that's a year and like a year in like five months.

0:29:05.640 --> 0:29:08.480
<v Speaker 2>So I just sat there and just watched my family.

0:29:08.520 --> 0:29:11.720
<v Speaker 2>Like the whole court room went crazy because everybody knew

0:29:11.760 --> 0:29:15.120
<v Speaker 2>that I was innocent. And the day that I got

0:29:15.160 --> 0:29:18.600
<v Speaker 2>sentenced to twenty years, Kurtil Walker please guilty to the

0:29:18.680 --> 0:29:19.520
<v Speaker 2>rapper charge.

0:29:19.560 --> 0:29:22.720
<v Speaker 1>So there's a crazy piece of the story that could

0:29:22.760 --> 0:29:26.840
<v Speaker 1>have turned into a real problem. In the devious move,

0:29:27.600 --> 0:29:32.480
<v Speaker 1>they stuck you in the bullpen with Kurtil Walker, who

0:29:32.560 --> 0:29:35.400
<v Speaker 1>was underage at the time. Shouldn't never have even been

0:29:35.440 --> 0:29:38.040
<v Speaker 1>in the same place as you, and where my mind

0:29:38.080 --> 0:29:40.000
<v Speaker 1>goes as a bad place. They were trying to get

0:29:40.040 --> 0:29:41.040
<v Speaker 1>you to do something.

0:29:41.360 --> 0:29:43.160
<v Speaker 2>Yeah, hoping that I would kill a kid. I just

0:29:43.200 --> 0:29:46.600
<v Speaker 2>got fresh twenty years sentence. You know what I'm saying.

0:29:46.600 --> 0:29:48.080
<v Speaker 2>No one is going to be in their right mind

0:29:48.080 --> 0:29:49.760
<v Speaker 2>with a twenty year since, especially for a crime that

0:29:49.800 --> 0:29:52.840
<v Speaker 2>they didn't commit. And then you put this person in

0:29:52.880 --> 0:29:56.200
<v Speaker 2>there that got me in there, you know, hoping that

0:29:56.240 --> 0:29:58.120
<v Speaker 2>I would do something to him, But I said, no,

0:29:58.240 --> 0:30:00.880
<v Speaker 2>I'm not gonna do nothing. I know that he told

0:30:00.960 --> 0:30:01.719
<v Speaker 2>them the right stuff.

0:30:01.760 --> 0:30:04.760
<v Speaker 1>So you go to prison. Can you just give us

0:30:05.200 --> 0:30:07.720
<v Speaker 1>some insight into what that experience was like.

0:30:08.160 --> 0:30:11.880
<v Speaker 2>Yeah, it was real, it was critical, It was critical, man,

0:30:11.960 --> 0:30:15.360
<v Speaker 2>and I went into a great state of depression and

0:30:15.400 --> 0:30:21.200
<v Speaker 2>then I prayed. I prayed and it was like I

0:30:21.240 --> 0:30:23.480
<v Speaker 2>just said, listen, I got to obtain my freedom. I

0:30:23.480 --> 0:30:25.400
<v Speaker 2>don't got time to sit in here and be stressing

0:30:25.920 --> 0:30:30.520
<v Speaker 2>about anything else. And that's what happened. I mean, my

0:30:30.880 --> 0:30:33.479
<v Speaker 2>child's mother got married in like six months, so I

0:30:33.520 --> 0:30:37.000
<v Speaker 2>was in It was like thig after thig after thig.

0:30:37.160 --> 0:30:38.800
<v Speaker 2>You know what I'm saying. And it was just like

0:30:39.280 --> 0:30:41.320
<v Speaker 2>I just looked in the mirror and I said, man up,

0:30:42.040 --> 0:30:43.360
<v Speaker 2>that's it. I said. The only way you're gonna get

0:30:43.400 --> 0:30:45.400
<v Speaker 2>your life back if you fight for it. So that's

0:30:45.400 --> 0:30:47.640
<v Speaker 2>why I went into law libraries and I started learning

0:30:47.680 --> 0:30:51.640
<v Speaker 2>the law. Yeah, you know, it took a long time,

0:30:51.720 --> 0:30:54.600
<v Speaker 2>but you know, thanks to God, I was able to

0:30:54.600 --> 0:30:56.720
<v Speaker 2>get out of there and give us most of that

0:30:56.840 --> 0:30:57.360
<v Speaker 2>time back.

0:30:58.040 --> 0:31:00.840
<v Speaker 1>So Kiante, there you are. You're studying law, you're praying,

0:31:00.880 --> 0:31:04.000
<v Speaker 1>you're doing everything you possibly can. You're finding strength in

0:31:04.040 --> 0:31:06.080
<v Speaker 1>a place where I think almost anybody else would have

0:31:06.400 --> 0:31:10.320
<v Speaker 1>just collapsed, but you found this other gear. I have

0:31:10.360 --> 0:31:13.360
<v Speaker 1>so much respect for you. But anyway, you filed pro

0:31:13.480 --> 0:31:16.400
<v Speaker 1>say motion after pro say motion. Our listeners know that

0:31:16.440 --> 0:31:20.360
<v Speaker 1>means that's when the person himself or herself files their

0:31:20.360 --> 0:31:24.120
<v Speaker 1>own legal briefs. But nothing was working until a friend

0:31:24.160 --> 0:31:26.040
<v Speaker 1>of your uncle came to visit you, and that's when

0:31:26.040 --> 0:31:27.760
<v Speaker 1>the ball started rolling back in the right direction.

0:31:27.880 --> 0:31:32.520
<v Speaker 2>Right. Yes, I had about twelve motions that I filed

0:31:32.520 --> 0:31:35.440
<v Speaker 2>in the state courts, and I figured, you know, no victim,

0:31:35.480 --> 0:31:37.880
<v Speaker 2>no eyewitness, with all of this evidence, these judges are

0:31:37.880 --> 0:31:39.240
<v Speaker 2>going to do what they supposed to do, you know

0:31:39.280 --> 0:31:42.760
<v Speaker 2>what I'm saying. And not one of them even probably

0:31:43.000 --> 0:31:47.560
<v Speaker 2>reviewed those motions. So then my uncle had brought one

0:31:47.600 --> 0:31:51.040
<v Speaker 2>of his friends to see me. That was Carl the Viver,

0:31:51.600 --> 0:31:53.360
<v Speaker 2>and my uncle told him that I wasn't supposed to

0:31:53.360 --> 0:31:55.680
<v Speaker 2>be in jail, and he came to see me and

0:31:55.720 --> 0:31:58.560
<v Speaker 2>he said, listen, if the stuff that you say is true,

0:31:59.160 --> 0:32:00.720
<v Speaker 2>then I'm going to be a help you get out

0:32:00.720 --> 0:32:04.560
<v Speaker 2>of jail. He was connected to attorney Robert Goldstein. So

0:32:04.720 --> 0:32:09.719
<v Speaker 2>basically me and Carl prepared the motion. You know, they

0:32:09.840 --> 0:32:13.280
<v Speaker 2>conducted an investigation. That's when they was able to speak

0:32:13.320 --> 0:32:15.840
<v Speaker 2>to my trial lawyer, Michael Demko, and they was able

0:32:15.920 --> 0:32:19.239
<v Speaker 2>to speak to the fake victim and everyone else. And

0:32:19.280 --> 0:32:22.560
<v Speaker 2>that's when you know, the fake victim provided an affidavit to

0:32:22.640 --> 0:32:24.920
<v Speaker 2>let him know that you know, he wasn't robbed, and

0:32:25.040 --> 0:32:27.920
<v Speaker 2>basically that he had told the district attorney when he

0:32:27.960 --> 0:32:31.360
<v Speaker 2>was incarcerated on the material witness warrant, and that when

0:32:31.360 --> 0:32:33.840
<v Speaker 2>the district attorney told him, you know, basically to leave,

0:32:33.960 --> 0:32:36.440
<v Speaker 2>that he went and spoke to Michael Demico. And then

0:32:36.480 --> 0:32:39.800
<v Speaker 2>Michael Demko provided an affidavit in stating that the victim

0:32:39.840 --> 0:32:42.680
<v Speaker 2>did confess to him prior to my trial, told him

0:32:42.720 --> 0:32:44.160
<v Speaker 2>that he was not a victim in the case, that

0:32:44.200 --> 0:32:47.120
<v Speaker 2>he never was robbed, that he owed her tail Walker money,

0:32:47.560 --> 0:32:49.840
<v Speaker 2>and that basically he used the money to satisfy a

0:32:49.920 --> 0:32:53.000
<v Speaker 2>drug debt. And then Demko said that, and this is

0:32:53.040 --> 0:32:55.400
<v Speaker 2>in his affidavit. He said that he couldn't take the

0:32:55.480 --> 0:32:58.280
<v Speaker 2>statement because it will be a conflict of interest because

0:32:58.360 --> 0:33:00.440
<v Speaker 2>the prosecution's office will state that he tried to co

0:33:00.600 --> 0:33:02.800
<v Speaker 2>hurt him to give an affidavit that could exonerate me,

0:33:02.880 --> 0:33:05.760
<v Speaker 2>being that I was his client. So he referred him

0:33:05.800 --> 0:33:09.920
<v Speaker 2>to another attorney named Daniel Grasso, who's now I think

0:33:09.920 --> 0:33:13.040
<v Speaker 2>a judge in Blaisdell. But he also provided an affidavit

0:33:13.160 --> 0:33:15.720
<v Speaker 2>to say, yes, you know, Demko's client came, but he

0:33:15.840 --> 0:33:19.320
<v Speaker 2>never retained me, so, you know, and that's what happened.

0:33:19.360 --> 0:33:21.640
<v Speaker 2>So I had all of those affi Davis, the judge

0:33:21.640 --> 0:33:24.280
<v Speaker 2>granted me and hearing at the four point forty hearing

0:33:24.400 --> 0:33:27.440
<v Speaker 2>with Judge Burns, we had about eight affi Davis was

0:33:27.440 --> 0:33:31.640
<v Speaker 2>affidavits from the victim, attorney Mike Demico, Attorney Danie Grasso,

0:33:32.160 --> 0:33:36.000
<v Speaker 2>Kurteil Walker, Marina and we had an affidavit from a

0:33:36.040 --> 0:33:39.880
<v Speaker 2>Bruce Barnett, Affidavid from a Dianne Barnett, and then we

0:33:39.920 --> 0:33:44.600
<v Speaker 2>had my affidavit all and it never was anything that

0:33:44.720 --> 0:33:47.360
<v Speaker 2>was against me but the fabrications of Officer Brown.

0:33:47.880 --> 0:33:50.920
<v Speaker 1>District Attorney John Flynn said there was no robbery here.

0:33:51.000 --> 0:33:53.600
<v Speaker 1>The victim was in on it. It was Grand Larson.

0:33:53.720 --> 0:33:55.120
<v Speaker 1>The fact of the matter is that he was serving

0:33:55.160 --> 0:33:57.280
<v Speaker 1>time for crime he did not do. And then Judge

0:33:57.280 --> 0:34:00.920
<v Speaker 1>Burns said, in this court's view, the new evidence is

0:34:00.920 --> 0:34:04.640
<v Speaker 1>sufficient to establish that quote, no juror acting reasonably would

0:34:04.720 --> 0:34:07.640
<v Speaker 1>have voted to find it defending guilty beyond a reasonable

0:34:07.680 --> 0:34:10.080
<v Speaker 1>doubt with regards to the robbery charge. So now you

0:34:10.160 --> 0:34:12.400
<v Speaker 1>got this amazing statement from the DA and the judge

0:34:12.680 --> 0:34:15.520
<v Speaker 1>and ultimately I know you were released on February third,

0:34:15.600 --> 0:34:19.880
<v Speaker 1>twenty seventeen, after serving twelve years and ten months, and

0:34:19.960 --> 0:34:22.440
<v Speaker 1>probably some other days too. But how did you end

0:34:22.520 --> 0:34:24.360
<v Speaker 1>up getting released? How did that work?

0:34:25.320 --> 0:34:29.000
<v Speaker 2>Well, listen to it is it's pretty interested too. Okay, Well,

0:34:29.200 --> 0:34:33.319
<v Speaker 2>the judge issues in order for my immediate release because

0:34:33.320 --> 0:34:36.719
<v Speaker 2>they dismissed the robbery charge which held twenty years. In

0:34:36.760 --> 0:34:39.200
<v Speaker 2>the possession of stolen property charge held I think it

0:34:39.239 --> 0:34:41.960
<v Speaker 2>was two hunt third to seven years. So the maximum

0:34:41.960 --> 0:34:43.640
<v Speaker 2>amount of time that I could have done on a

0:34:43.640 --> 0:34:46.360
<v Speaker 2>possession of stolen property charge with seven years being that

0:34:46.400 --> 0:34:48.880
<v Speaker 2>I did twelve years and ten months. He issued the

0:34:48.960 --> 0:34:50.120
<v Speaker 2>order for my immediate release.

0:34:50.360 --> 0:34:51.480
<v Speaker 1>What was that day? Like?

0:34:52.080 --> 0:34:57.440
<v Speaker 2>Man, it was like finally, you know, I couldn't believe it,

0:34:58.239 --> 0:35:00.560
<v Speaker 2>you know, because I mean you look at the average

0:35:00.560 --> 0:35:03.960
<v Speaker 2>people in jail, and a lot of them that's innocent.

0:35:04.000 --> 0:35:06.480
<v Speaker 2>It's still not coming home. You know. I got a

0:35:06.480 --> 0:35:09.799
<v Speaker 2>lot of friends, like I got like thirty guys that

0:35:09.840 --> 0:35:11.240
<v Speaker 2>I look out for that's in jail.

0:35:11.360 --> 0:35:11.520
<v Speaker 1>You know.

0:35:11.560 --> 0:35:13.040
<v Speaker 2>I do much as I can because not in the

0:35:13.040 --> 0:35:16.000
<v Speaker 2>best position right now, but a lot of people ain't

0:35:16.040 --> 0:35:19.040
<v Speaker 2>coming home. So I just feel fortunate enough to be

0:35:19.120 --> 0:35:31.640
<v Speaker 2>able to obtain my freedom.

0:35:31.680 --> 0:35:33.840
<v Speaker 1>So you come out of February third, it's probably minus

0:35:33.840 --> 0:35:36.800
<v Speaker 1>thirty degrees outside of Buffalo, February third. But nonetheless it

0:35:36.880 --> 0:35:38.160
<v Speaker 1>must have felt pretty warm.

0:35:41.360 --> 0:35:44.520
<v Speaker 2>I wasn't think about the weather, I can say that.

0:35:46.719 --> 0:35:49.919
<v Speaker 1>And meanwhile, now I'm hearing that you well, you got

0:35:49.920 --> 0:35:52.640
<v Speaker 1>married a couple of years ago, so congratulations on that.

0:35:52.920 --> 0:35:53.239
<v Speaker 2>Thank you.

0:35:54.000 --> 0:35:57.560
<v Speaker 1>And I hear now you're doing some amazing things with

0:35:57.920 --> 0:36:02.400
<v Speaker 1>a couple of my favorite people, Xanneries named Marty Tankliff

0:36:02.719 --> 0:36:05.640
<v Speaker 1>and Jeffrey Deshkovic. Both have been on the show before.

0:36:06.440 --> 0:36:09.560
<v Speaker 2>Well, I mean I met Marty when I was with Kean.

0:36:10.080 --> 0:36:12.920
<v Speaker 2>Kean Kalabi was one of xanneries who's also an attorney,

0:36:13.360 --> 0:36:16.680
<v Speaker 2>and Steve metcalf. I know who Marty's connected with then

0:36:16.719 --> 0:36:19.439
<v Speaker 2>Jeffrey Deskovic. I was telling you that I assisted him

0:36:19.440 --> 0:36:22.120
<v Speaker 2>with the prison reform movement and him and Bill Busnick

0:36:22.640 --> 0:36:25.279
<v Speaker 2>in Pennsylvania. It was at Temple University, but all of

0:36:25.280 --> 0:36:28.919
<v Speaker 2>the pa exannarees, and yeah, I mean that's that's a few.

0:36:29.120 --> 0:36:30.960
<v Speaker 2>I have a lot of different attorneys that you know,

0:36:30.960 --> 0:36:34.240
<v Speaker 2>I've been connected to and you know, sending them cases,

0:36:34.360 --> 0:36:36.560
<v Speaker 2>and me and Carl still been doing a lot of

0:36:36.600 --> 0:36:40.719
<v Speaker 2>work together. He's definitely my friend, you know, who helped

0:36:40.719 --> 0:36:41.480
<v Speaker 2>me get out of prison.

0:36:41.920 --> 0:36:45.759
<v Speaker 1>So yeah, that's awesome and has also been on the show.

0:36:45.800 --> 0:36:50.080
<v Speaker 1>He's an incredible guy. And then you're doing amazing work

0:36:50.120 --> 0:36:53.440
<v Speaker 1>with all these great people, but you're also still fighting

0:36:53.880 --> 0:36:58.400
<v Speaker 1>your own wrongful conviction for the possession of stolen property charge.

0:36:58.640 --> 0:37:03.279
<v Speaker 2>Yes, now this is where it gets really, really interesting.

0:37:04.480 --> 0:37:07.239
<v Speaker 2>Kurtail Walker testified that he had twenty five hundred in

0:37:07.239 --> 0:37:09.080
<v Speaker 2>his pans, he put five hundred in his sock, and

0:37:09.080 --> 0:37:11.880
<v Speaker 2>he hit the two thousand in the police car. In

0:37:11.920 --> 0:37:15.520
<v Speaker 2>the transcripts, Judge Burns had the stenographer to add that

0:37:15.600 --> 0:37:19.160
<v Speaker 2>he asked Kurtail a question personally, how much money did

0:37:19.200 --> 0:37:22.800
<v Speaker 2>you have? And Kurtail said three or four thousand dollars.

0:37:22.960 --> 0:37:27.440
<v Speaker 2>That never was said. I really couldn't understand why Judge

0:37:27.480 --> 0:37:31.719
<v Speaker 2>Burns fabricated the transcripts because whether he had three or

0:37:31.760 --> 0:37:34.520
<v Speaker 2>four thousand dollars, it does not matter because I did

0:37:34.560 --> 0:37:37.200
<v Speaker 2>not have any of the money. You understand what I'm saying,

0:37:37.200 --> 0:37:40.319
<v Speaker 2>which it does not make sense at all. So after

0:37:40.320 --> 0:37:43.360
<v Speaker 2>they fabricated the transcripts, a motion was put in to

0:37:43.440 --> 0:37:46.880
<v Speaker 2>settle the transcripts, and it was eight affidavits inside of

0:37:46.880 --> 0:37:49.160
<v Speaker 2>that motion as well from all of the people that

0:37:49.280 --> 0:37:52.480
<v Speaker 2>was present during that hearing to say no, kurtail Walker

0:37:52.520 --> 0:37:55.400
<v Speaker 2>never said that. They denied that motion. So now it

0:37:55.480 --> 0:37:58.600
<v Speaker 2>goes to the twenty nineteen hearing. We file another four

0:37:58.719 --> 0:38:01.480
<v Speaker 2>forty We had the evan, the police reports and stuff

0:38:01.520 --> 0:38:04.719
<v Speaker 2>like that. So the lawyers presented the motion and the

0:38:04.800 --> 0:38:08.240
<v Speaker 2>judge granted and hearing Judge Christopher Burns grants the hearing.

0:38:09.040 --> 0:38:12.320
<v Speaker 2>He gives a specific order and says the hearing specifically

0:38:12.360 --> 0:38:16.399
<v Speaker 2>revolves around the amount of money that was obtained from

0:38:16.520 --> 0:38:20.320
<v Speaker 2>defending Rix during the time of his arrest. Okay, because

0:38:20.360 --> 0:38:22.080
<v Speaker 2>you know, we got all of the proof saying listen,

0:38:22.120 --> 0:38:24.480
<v Speaker 2>they recovered his money from Kurt to Walker and from

0:38:24.640 --> 0:38:27.360
<v Speaker 2>the women pursus. You know, we have the police reports

0:38:27.360 --> 0:38:31.480
<v Speaker 2>to prove this and witness affidavis the fourteen hundred dollars

0:38:31.600 --> 0:38:33.920
<v Speaker 2>that Officer Brown recovered from the women's purse. Because he

0:38:33.960 --> 0:38:36.080
<v Speaker 2>was the only officer in Amhurst that searched the car,

0:38:36.160 --> 0:38:38.080
<v Speaker 2>so it's not like other officers could have recovered it.

0:38:38.120 --> 0:38:40.640
<v Speaker 2>None of the Buffalo police officers was in Amhurst. When

0:38:40.680 --> 0:38:44.239
<v Speaker 2>we went to Buffalo Police Station, Officer Brown gave the

0:38:44.280 --> 0:38:49.239
<v Speaker 2>fourteen hundred dollars to another officer named Joanne Cino. This

0:38:49.400 --> 0:38:52.200
<v Speaker 2>was the officer that was with Marina and Tina, and

0:38:52.280 --> 0:38:55.680
<v Speaker 2>she created a police report that stated that fourteen hundred

0:38:55.719 --> 0:39:00.600
<v Speaker 2>dollars of the stolen money recovered was recovered from the

0:39:00.640 --> 0:39:07.600
<v Speaker 2>women's purses. The prosecutor withheld this police report, so the

0:39:07.640 --> 0:39:10.920
<v Speaker 2>defense never even knew that fourteen hundred dollars of the

0:39:10.920 --> 0:39:14.960
<v Speaker 2>thirty four hundred dollars actually belonged to the purses of

0:39:15.000 --> 0:39:17.359
<v Speaker 2>the women. So this was a police report that I

0:39:17.440 --> 0:39:20.880
<v Speaker 2>was able to obtain during a four year request. Also,

0:39:21.200 --> 0:39:24.839
<v Speaker 2>when I mentioned patrol car one to five, after the

0:39:24.840 --> 0:39:28.560
<v Speaker 2>officers recovered the stolen money hidden in the backseat of

0:39:28.560 --> 0:39:32.320
<v Speaker 2>the police car, they took a picture. I was able

0:39:32.360 --> 0:39:35.960
<v Speaker 2>to obtain a copy of the Amherst police report which

0:39:36.000 --> 0:39:38.600
<v Speaker 2>shows that the only picture that they took of the

0:39:38.680 --> 0:39:42.200
<v Speaker 2>money was from patrol car one to five, not patrol

0:39:42.239 --> 0:39:45.319
<v Speaker 2>car one o seven where I was at. So we

0:39:45.440 --> 0:39:47.880
<v Speaker 2>go to the hearing. Two things had to be established,

0:39:48.080 --> 0:39:51.320
<v Speaker 2>the time of arrest and what was obtained from me

0:39:52.040 --> 0:39:55.239
<v Speaker 2>during that time. Okay, based upon the judge's order. So

0:39:55.280 --> 0:39:58.840
<v Speaker 2>we established that I was placed under arrest by Officer

0:39:58.920 --> 0:40:02.879
<v Speaker 2>Martin Motely and Officer Johnson Loveto. We established that they

0:40:02.920 --> 0:40:05.840
<v Speaker 2>never charged me with possession of stolen property. We established

0:40:05.880 --> 0:40:09.719
<v Speaker 2>that the booking report proved that no stolen money was

0:40:09.719 --> 0:40:12.200
<v Speaker 2>ever recovered from me. And we also had Kurtil Walker

0:40:12.239 --> 0:40:14.319
<v Speaker 2>to come testified to all of the other facts that

0:40:14.360 --> 0:40:17.000
<v Speaker 2>we just spoke about. And we had Marina to testify

0:40:17.040 --> 0:40:19.320
<v Speaker 2>that the officers did take the money out of her purse. Okay,

0:40:19.360 --> 0:40:23.120
<v Speaker 2>all of that was established. Da Flynn he had just

0:40:23.280 --> 0:40:27.160
<v Speaker 2>came in office in twenty seventeen. Okay. So for the

0:40:27.160 --> 0:40:31.360
<v Speaker 2>twenty nineteen hearing, Robert Goldstein, at my requests, had a

0:40:31.400 --> 0:40:34.880
<v Speaker 2>meeting with DA Flint and d A. Herrity. He showed

0:40:35.000 --> 0:40:37.719
<v Speaker 2>Da Flynn everything DA Flynn told him, he didn't care

0:40:37.719 --> 0:40:42.480
<v Speaker 2>about it, and then told Thomas Brown everything that Attorney

0:40:42.480 --> 0:40:45.680
<v Speaker 2>Goldstein has said to him in the letter. We actually

0:40:45.680 --> 0:40:47.480
<v Speaker 2>prepared a letter that mentioned all of the perjuries and

0:40:47.480 --> 0:40:53.080
<v Speaker 2>stuff like that. Officer Brown's testimony changed at every single

0:40:53.719 --> 0:40:57.200
<v Speaker 2>court appearance. So when we had the twenty nineteen hearing,

0:40:57.719 --> 0:41:03.799
<v Speaker 2>Officer Thomas Brown now comes and testifies that he never

0:41:03.840 --> 0:41:07.200
<v Speaker 2>searched Kurtil Walker, he never recovered the deposit bags, he

0:41:07.239 --> 0:41:10.799
<v Speaker 2>never recovered the checks, he never recovered the money. This

0:41:10.840 --> 0:41:13.920
<v Speaker 2>is what he testifies to end the record, and this

0:41:13.960 --> 0:41:15.440
<v Speaker 2>is why I'm pushing right now to get charge just

0:41:15.440 --> 0:41:18.480
<v Speaker 2>pressed on him for this perjury right here. He knew

0:41:18.520 --> 0:41:21.600
<v Speaker 2>that we had proof to prove that he fabricated that

0:41:21.680 --> 0:41:23.480
<v Speaker 2>evidence in reference to that money when I was able

0:41:23.480 --> 0:41:26.040
<v Speaker 2>to obtain that police report that mentioned, you know that

0:41:26.120 --> 0:41:28.600
<v Speaker 2>he basically gave that money to that officer. So now

0:41:28.640 --> 0:41:31.279
<v Speaker 2>he knew that we had sufficient evidence, and he said

0:41:31.280 --> 0:41:33.680
<v Speaker 2>that he never recovered nothing. He said, listen, I seen

0:41:33.680 --> 0:41:35.960
<v Speaker 2>the money, and I pointed out to the Buffalo Police,

0:41:35.960 --> 0:41:38.120
<v Speaker 2>and they're the ones who recovered it. Listen where it

0:41:38.120 --> 0:41:41.400
<v Speaker 2>gets crazy, though, because the Buffalo booking report shows that

0:41:41.440 --> 0:41:44.319
<v Speaker 2>absolutely nothing was taken from me. That means that none

0:41:44.360 --> 0:41:48.279
<v Speaker 2>of the prosecution witnesses ever recovered any stolen money, any

0:41:48.320 --> 0:41:52.120
<v Speaker 2>stolen checks or anything. I ended up finding a police report.

0:41:52.200 --> 0:41:54.360
<v Speaker 2>It was like God woke me up at six o'clock

0:41:54.400 --> 0:41:56.080
<v Speaker 2>in the morning and tell me look through all my papers.

0:41:56.080 --> 0:41:58.480
<v Speaker 2>And I got thousands of papers, and I found that

0:41:58.640 --> 0:42:02.239
<v Speaker 2>Amherst police report with Officer Thomas Brown badge number and

0:42:02.280 --> 0:42:05.840
<v Speaker 2>signature that said that he overturned the checks, the deposit

0:42:05.920 --> 0:42:09.839
<v Speaker 2>bags in the thirty four hundred dollars of money combined

0:42:10.400 --> 0:42:13.319
<v Speaker 2>to the Buffalo Police. So now I said, okay, I

0:42:13.360 --> 0:42:17.319
<v Speaker 2>want childs pressed on officer Brown for the perjuries that

0:42:17.360 --> 0:42:20.719
<v Speaker 2>he committed in the twenty nineteen hearing. I don't feel

0:42:20.719 --> 0:42:22.840
<v Speaker 2>that anyone else should be held at any different standard.

0:42:23.280 --> 0:42:26.000
<v Speaker 2>You know, it was perjury. It's clear perjury. We have

0:42:26.040 --> 0:42:29.880
<v Speaker 2>sufficient evidence to prove it. So we file a reargument motion.

0:42:30.280 --> 0:42:33.880
<v Speaker 2>Judge Burns completely ignores it, ignores it, and then on

0:42:33.920 --> 0:42:38.160
<v Speaker 2>top of ignoring it, say that officer Brown was believable,

0:42:38.920 --> 0:42:42.160
<v Speaker 2>and so do Da Heredy. They say, oh, all of

0:42:42.160 --> 0:42:46.400
<v Speaker 2>the other witnesses, you know, basically wasn't believable, but officer

0:42:46.400 --> 0:42:49.880
<v Speaker 2>Brown was. But Judge Burns did admit an order that

0:42:50.320 --> 0:42:53.040
<v Speaker 2>there was a Brady violation, meaning that the officers did

0:42:53.440 --> 0:42:56.200
<v Speaker 2>withhold the fourteen hundred dollars that was taken from the

0:42:56.200 --> 0:42:59.840
<v Speaker 2>women's purse, and that Marina was believable when she testified

0:42:59.840 --> 0:43:01.799
<v Speaker 2>that they actually took the money. But he did not

0:43:02.040 --> 0:43:04.840
<v Speaker 2>dismissing that charges based upon the Brady violation when he

0:43:04.920 --> 0:43:07.719
<v Speaker 2>knew the amount of money was an essential element to

0:43:07.800 --> 0:43:11.120
<v Speaker 2>a possession of stolen property charge. And now I have

0:43:11.280 --> 0:43:14.680
<v Speaker 2>tourney Steven Metcalf. We have an appeal in we have

0:43:14.800 --> 0:43:17.760
<v Speaker 2>all of the perjuries and stuff that's being mentioned. Again

0:43:18.200 --> 0:43:19.480
<v Speaker 2>going back to the Appillar.

0:43:19.200 --> 0:43:22.160
<v Speaker 1>Division, there's still possibility that the perjury charges can be

0:43:22.200 --> 0:43:22.960
<v Speaker 1>brought right.

0:43:23.000 --> 0:43:25.880
<v Speaker 2>Oh yes, as well within the statute of limitation. And

0:43:25.920 --> 0:43:29.000
<v Speaker 2>then the perjury just was committed in twenty nineteen. So

0:43:29.520 --> 0:43:32.720
<v Speaker 2>as of recently, I just had meetings with Citizens' Action.

0:43:33.000 --> 0:43:35.279
<v Speaker 2>You know, it's about thirty other organizations that was going

0:43:35.360 --> 0:43:38.440
<v Speaker 2>to assist me in bringing the truth to DA Flynn

0:43:39.040 --> 0:43:41.839
<v Speaker 2>and the mayor of Buffalo so that these charges can

0:43:41.880 --> 0:43:44.720
<v Speaker 2>be brought against this racist police officer, Thomas Brown.

0:43:45.600 --> 0:43:48.239
<v Speaker 1>Is there anything that anyone can do to help you?

0:43:48.680 --> 0:43:52.880
<v Speaker 1>I say to it, I mean, me, my team, our audiences,

0:43:52.920 --> 0:43:55.800
<v Speaker 1>so many smart capable people out there that are listeners,

0:43:55.840 --> 0:43:58.040
<v Speaker 1>that are that are wanting to get involved, and I know

0:43:58.040 --> 0:43:59.680
<v Speaker 1>they're going to hear your voice. They're going to say,

0:43:59.800 --> 0:44:02.240
<v Speaker 1>I can't let this stand. There's got to be something.

0:44:02.280 --> 0:44:04.279
<v Speaker 1>Is there something? Even if it's something as simple as

0:44:04.320 --> 0:44:06.239
<v Speaker 1>writing a letter or making a phone call, but maybe

0:44:06.239 --> 0:44:08.160
<v Speaker 1>there's more. I don't know. You tell me, I need.

0:44:08.040 --> 0:44:09.879
<v Speaker 2>All of the assistance that I can get. I mean,

0:44:09.920 --> 0:44:12.400
<v Speaker 2>you see how complicated this is, and it's bigger than me.

0:44:12.680 --> 0:44:15.239
<v Speaker 2>I'm still new to this world, so it's like I'm

0:44:15.280 --> 0:44:18.279
<v Speaker 2>just figuring it out. However, anybody that's willing to assist me,

0:44:18.600 --> 0:44:21.279
<v Speaker 2>I'll provide all of the paperwork to show that I

0:44:21.320 --> 0:44:24.160
<v Speaker 2>have sufficient evidence to support every allegation that I'm making.

0:44:24.719 --> 0:44:26.319
<v Speaker 2>And yeah, I just need the people just to be

0:44:26.400 --> 0:44:28.760
<v Speaker 2>with me, to support me to prove my innocence.

0:44:29.560 --> 0:44:32.200
<v Speaker 1>Right. So what we're gonna do for starters is we're

0:44:32.200 --> 0:44:34.480
<v Speaker 1>going to start a petition. There'll be a link in

0:44:34.520 --> 0:44:38.400
<v Speaker 1>the bio so people can sign up. People can follow

0:44:38.440 --> 0:44:40.719
<v Speaker 1>you as well on Instagram and social media if you

0:44:40.760 --> 0:44:42.360
<v Speaker 1>can give us those handles.

0:44:42.520 --> 0:44:47.880
<v Speaker 2>My Facebook, my Instagram, my YouTube, and my SoundCloud is

0:44:47.920 --> 0:44:52.040
<v Speaker 2>all under Keante Rix and the correct spelling is k

0:44:52.200 --> 0:44:56.760
<v Speaker 2>e yo n ty r cks.

0:44:57.080 --> 0:44:59.759
<v Speaker 1>Let's follow him and keep in the know about the

0:45:00.000 --> 0:45:03.120
<v Speaker 1>developments in the case by following Kyante and checking the

0:45:03.160 --> 0:45:08.040
<v Speaker 1>link in our bio. And now, Kyante, what can I say? Man?

0:45:08.480 --> 0:45:09.880
<v Speaker 1>I knew I was going to be in for a

0:45:09.920 --> 0:45:13.839
<v Speaker 1>whirlwind when we did this interview, but I wasn't even

0:45:13.880 --> 0:45:18.560
<v Speaker 1>prepared for all these twists and turns. It's an extraordinary

0:45:18.800 --> 0:45:22.040
<v Speaker 1>story and it's an amazing life that you're living now.

0:45:22.200 --> 0:45:24.680
<v Speaker 1>And more power to you. I wish you all the

0:45:24.719 --> 0:45:28.040
<v Speaker 1>success and blessings in the world, you and your family.

0:45:28.520 --> 0:45:32.440
<v Speaker 1>And now we have a thing called closing Arguments, and

0:45:32.480 --> 0:45:35.200
<v Speaker 1>this is the part of the show where I first

0:45:35.239 --> 0:45:38.960
<v Speaker 1>of all, thank you again Kyante for being here. And

0:45:39.040 --> 0:45:43.799
<v Speaker 1>now it's up to you to share whatever thoughts you

0:45:43.920 --> 0:45:46.840
<v Speaker 1>want about anything with our audience.

0:45:47.280 --> 0:45:48.880
<v Speaker 2>Well, this is something that I want to put in

0:45:48.880 --> 0:45:52.839
<v Speaker 2>an atmosphere because I feel that a lot of times

0:45:52.880 --> 0:45:54.560
<v Speaker 2>we focus more on the problems than we focus on

0:45:54.600 --> 0:45:57.759
<v Speaker 2>the solutions. And I know that this is bigger than me,

0:45:58.200 --> 0:46:00.719
<v Speaker 2>so that suggests that we create something like like a

0:46:00.920 --> 0:46:04.440
<v Speaker 2>motion review committee. Okay, the average exign of reason I

0:46:04.480 --> 0:46:06.800
<v Speaker 2>think they said was doing about a minimum of twelve

0:46:06.920 --> 0:46:08.919
<v Speaker 2>years or I don't know if that was just PA.

0:46:09.840 --> 0:46:12.520
<v Speaker 2>But what I feel is that it's not just the

0:46:12.600 --> 0:46:15.399
<v Speaker 2>police that's killing people in the streets. They're killing people

0:46:15.400 --> 0:46:18.239
<v Speaker 2>in courts. It's the district attorneys, and it's the judges too.

0:46:18.840 --> 0:46:22.200
<v Speaker 2>It's a demonic system. And what we need to do

0:46:22.400 --> 0:46:25.640
<v Speaker 2>is not just focus on prosecutors or police. We need

0:46:25.680 --> 0:46:28.640
<v Speaker 2>to focus on these judges as well, because if you see,

0:46:28.880 --> 0:46:30.880
<v Speaker 2>you know, in my case and the evidence that I

0:46:30.920 --> 0:46:34.200
<v Speaker 2>have like the judges, both of them, you know, played

0:46:34.239 --> 0:46:37.400
<v Speaker 2>a major part, including their pillar judges who you know,

0:46:37.440 --> 0:46:39.399
<v Speaker 2>it's my right to confront my accusers. So I mean,

0:46:39.400 --> 0:46:42.279
<v Speaker 2>how do you uphold a conviction without a victim and

0:46:42.280 --> 0:46:44.960
<v Speaker 2>without an eyewitness. It makes no sense based upon the

0:46:45.040 --> 0:46:47.680
<v Speaker 2>United States Constitution. So what I feel is that we

0:46:47.719 --> 0:46:50.560
<v Speaker 2>need to create committees, even if we had to contract

0:46:50.560 --> 0:46:52.280
<v Speaker 2>with the lawyers. I know the lawyers are under attorney

0:46:52.280 --> 0:46:55.920
<v Speaker 2>client privilege, but I feel that when they're putting motions

0:46:55.920 --> 0:46:58.360
<v Speaker 2>in that these motions should be filed to the committees.

0:46:58.400 --> 0:47:02.040
<v Speaker 2>And when the judges ignore the constitutional or procedural violations,

0:47:02.680 --> 0:47:04.799
<v Speaker 2>then I think that the committee should come together to

0:47:04.840 --> 0:47:07.680
<v Speaker 2>file complaints with the Judical Conduct Committee to get them

0:47:07.760 --> 0:47:10.440
<v Speaker 2>judges out of office, because I mean, that will help

0:47:10.480 --> 0:47:12.640
<v Speaker 2>the people get out of prison that's not supposed to

0:47:12.640 --> 0:47:15.200
<v Speaker 2>be there. It will also prevent people from actually going

0:47:15.200 --> 0:47:17.040
<v Speaker 2>to prison. And when you hold the head of the

0:47:17.040 --> 0:47:19.959
<v Speaker 2>body accountable, the head of the body holds the rest

0:47:19.960 --> 0:47:22.440
<v Speaker 2>of the body accountable. The district attorney is not the

0:47:22.480 --> 0:47:25.640
<v Speaker 2>most important person or the strongest person inside of that courtroom.

0:47:26.160 --> 0:47:28.360
<v Speaker 2>I believe it's the judge. Because the judge has to

0:47:28.400 --> 0:47:30.920
<v Speaker 2>say so and even though they are able to withhold

0:47:30.960 --> 0:47:34.320
<v Speaker 2>evidence in different things of that nature, but it's ultimately

0:47:34.440 --> 0:47:36.440
<v Speaker 2>up to the judge, you know, And a lot of

0:47:36.440 --> 0:47:38.360
<v Speaker 2>times the judges see the truth. I mean, one of

0:47:38.360 --> 0:47:40.719
<v Speaker 2>their famous statements is get it on the pill, and

0:47:40.760 --> 0:47:42.640
<v Speaker 2>a lot of people don't really pay attention to what

0:47:42.680 --> 0:47:45.680
<v Speaker 2>that means. What that means is I know that it's

0:47:45.719 --> 0:47:49.239
<v Speaker 2>constitutional or procedural violations in your case, but I'm not

0:47:49.360 --> 0:47:52.359
<v Speaker 2>going to give you the relief that I know I'm

0:47:52.360 --> 0:47:54.920
<v Speaker 2>supposed to be given to you. Let another judge give

0:47:54.920 --> 0:47:56.640
<v Speaker 2>it to you, because I'm not doing it, and that's

0:47:56.680 --> 0:47:59.840
<v Speaker 2>not right. It's not just the individuals a single judge

0:47:59.920 --> 0:48:02.360
<v Speaker 2>or or single district attorney, or a single police officer.

0:48:02.760 --> 0:48:06.239
<v Speaker 2>It's the whole system. And the only way for that

0:48:06.320 --> 0:48:09.080
<v Speaker 2>system to come down is if we all get involved

0:48:09.120 --> 0:48:11.840
<v Speaker 2>in it and we stop turning our face to the police,

0:48:12.000 --> 0:48:15.800
<v Speaker 2>prosecutor and judicial misconduct that's transpiring on a constant basis.

0:48:16.239 --> 0:48:19.080
<v Speaker 2>So that's basically all I want to say. I sincerely

0:48:19.080 --> 0:48:20.759
<v Speaker 2>thank you for allowing me to be able to come

0:48:20.760 --> 0:48:22.960
<v Speaker 2>on here, to be able to tell my story. I've

0:48:22.960 --> 0:48:25.440
<v Speaker 2>dedicated my life to doing what I'm doing. I also

0:48:25.480 --> 0:48:27.600
<v Speaker 2>work with the youth group in my church. I have

0:48:27.600 --> 0:48:30.040
<v Speaker 2>a customizer shirt business. I'm on a verge of starting

0:48:30.040 --> 0:48:32.480
<v Speaker 2>a young man Empowerment Academy because my wife has the

0:48:32.560 --> 0:48:35.520
<v Speaker 2>Young Woman Empowerment Academy and she has like two centers

0:48:35.560 --> 0:48:37.680
<v Speaker 2>in Buffalo won a Pensylvania about the start of Chapter

0:48:37.719 --> 0:48:41.240
<v Speaker 2>of Virginia. We're deeply invested in the community and helping people.

0:48:41.600 --> 0:48:43.600
<v Speaker 2>But like I said, the power is in numbers and

0:48:43.640 --> 0:48:45.600
<v Speaker 2>the powers with the people. So we all have to

0:48:45.600 --> 0:48:49.120
<v Speaker 2>come together and just figure this out because nobody's exempt.

0:48:49.400 --> 0:48:51.000
<v Speaker 2>It's not just the color thing. I mean, yeah, it's

0:48:51.040 --> 0:48:54.280
<v Speaker 2>happened more to blacks and Hispanics, but it's happened to everybody,

0:48:54.520 --> 0:48:56.520
<v Speaker 2>you know what I mean, this system, it happens to everybody,

0:48:56.520 --> 0:48:58.960
<v Speaker 2>and it's happened more so to the lower class, the

0:48:59.000 --> 0:49:02.279
<v Speaker 2>people who can't afford you know, attorneys and different things

0:49:02.320 --> 0:49:04.560
<v Speaker 2>in that nature. So I just say that, you know,

0:49:04.600 --> 0:49:07.399
<v Speaker 2>I thank y'all, and it's all about coming together. And

0:49:07.440 --> 0:49:10.400
<v Speaker 2>however I'm able to be of assistance to help with

0:49:10.480 --> 0:49:13.200
<v Speaker 2>people that has their freedom in their life taken, then

0:49:13.200 --> 0:49:18.279
<v Speaker 2>I'm I'm for it. So anyone can contact me. I'm

0:49:18.280 --> 0:49:21.120
<v Speaker 2>wanting to assist however I can, and that's all I

0:49:21.200 --> 0:49:23.279
<v Speaker 2>want to say. Thank you for allowing me to come

0:49:23.320 --> 0:49:23.839
<v Speaker 2>on your show.

0:49:29.880 --> 0:49:32.480
<v Speaker 1>Don't forget to give us a fantastic review wherever you

0:49:32.560 --> 0:49:36.160
<v Speaker 1>get your podcasts. It really helps. And I'm a proud

0:49:36.280 --> 0:49:38.839
<v Speaker 1>donor to the Nisis Project and I really hope you'll

0:49:38.920 --> 0:49:42.320
<v Speaker 1>join me in supporting this very important cause and helping

0:49:42.440 --> 0:49:46.319
<v Speaker 1>to prevent future wrongful convictions. Go to anesisproject dot org

0:49:46.480 --> 0:49:49.239
<v Speaker 1>to learn how to donate and get involved. I'd like

0:49:49.320 --> 0:49:52.280
<v Speaker 1>to thank our production team, Connor Hall and Kevin Wartis.

0:49:52.600 --> 0:49:54.840
<v Speaker 1>The music in the show is by three time OSCAR

0:49:54.920 --> 0:49:57.960
<v Speaker 1>nominated composer Jay Ralph. Be sure to follow us on

0:49:58.000 --> 0:50:02.800
<v Speaker 1>Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast.

0:50:03.160 --> 0:50:06.240
<v Speaker 1>Wrongful Conviction with Jason Flam is a production of Lava

0:50:06.239 --> 0:50:09.799
<v Speaker 1>for Good Podcasts and association with Signal Company Number one