1 00:00:00,680 --> 00:00:02,960 Speaker 1: Tom Rhodes loves sports. 2 00:00:03,320 --> 00:00:06,080 Speaker 2: I wrestled. I just wrestled year round. 3 00:00:06,120 --> 00:00:09,119 Speaker 3: I get on the I have a freestyle team and 4 00:00:10,200 --> 00:00:14,840 Speaker 3: wrestled the Olympic style and a thousand years ago won 5 00:00:14,880 --> 00:00:18,280 Speaker 3: the state freestyle championship and second Greco Roman. 6 00:00:18,360 --> 00:00:19,800 Speaker 1: What way class were you were you wrestled? 7 00:00:19,840 --> 00:00:23,159 Speaker 3: I was one seventy five for that tournament and I 8 00:00:23,200 --> 00:00:24,480 Speaker 3: didn't cut any weight at all. 9 00:00:24,720 --> 00:00:27,360 Speaker 1: Tom didn't have to work out. He worked on a farm. 10 00:00:27,680 --> 00:00:29,960 Speaker 3: I just decided I'm going to go in there farm 11 00:00:30,040 --> 00:00:32,200 Speaker 3: strong and farm strong. 12 00:00:32,360 --> 00:00:37,599 Speaker 1: I like that. I met Tom at the Annual Innocence 13 00:00:37,640 --> 00:00:41,680 Speaker 1: Network Conference in April twenty twenty four. You look like 14 00:00:41,720 --> 00:00:45,200 Speaker 1: you could be a sportscaster. I was like someone cut 15 00:00:45,240 --> 00:00:48,360 Speaker 1: of prison was such a nice st No, he does, Yeah, okay. 16 00:00:48,479 --> 00:00:51,199 Speaker 3: I had one viable tooth in my head when I 17 00:00:51,360 --> 00:00:53,680 Speaker 3: when I left prison, and the rest of them needed 18 00:00:53,720 --> 00:00:56,800 Speaker 3: a lot of work, and so I had no choice. 19 00:00:57,680 --> 00:00:59,760 Speaker 2: But I had a lot of work done. 20 00:01:00,600 --> 00:01:01,960 Speaker 1: Well, now you have your sportscaster. 21 00:01:02,080 --> 00:01:06,880 Speaker 3: Looks I'm hoping to land something after talking to you. 22 00:01:10,760 --> 00:01:13,480 Speaker 2: My name is Tom Rhodes, and. 23 00:01:14,840 --> 00:01:20,119 Speaker 3: I was wrongly incarcerated for eight nine hundred and thirty 24 00:01:20,120 --> 00:01:24,920 Speaker 3: two days about twenty four and a half years. 25 00:01:24,440 --> 00:01:27,200 Speaker 1: From Love of for Good This is Wrongful Conviction with 26 00:01:27,240 --> 00:01:43,039 Speaker 1: Maggie Freeling today Tom Rhodes. Tom Rhodes was born in 27 00:01:43,120 --> 00:01:46,520 Speaker 1: June nineteen fifty nine to Lois and Daniel Rhodes. 28 00:01:46,920 --> 00:01:50,120 Speaker 3: My parents farmed and my mom worked for the bank 29 00:01:50,360 --> 00:01:54,360 Speaker 3: in the little town of Dunk, Iowa. 30 00:01:55,280 --> 00:01:58,200 Speaker 1: Tom is the oldest of four kids. He was twelve 31 00:01:58,240 --> 00:01:59,440 Speaker 1: when his sister was born. 32 00:02:00,120 --> 00:02:01,920 Speaker 3: Kind of kind of grew up in a work hard, 33 00:02:02,000 --> 00:02:03,240 Speaker 3: play hard environment. 34 00:02:03,920 --> 00:02:05,680 Speaker 1: There was always work to be done on the farm. 35 00:02:06,000 --> 00:02:09,160 Speaker 1: Tom's brother Ron says, they were constantly on the go. 36 00:02:09,680 --> 00:02:12,440 Speaker 4: You know, Dad would holler up in the morning, boys, 37 00:02:12,520 --> 00:02:15,079 Speaker 4: time to get up, and you know we were expected 38 00:02:15,280 --> 00:02:20,160 Speaker 4: to be downstairs and you know, ten or fifteen minutes. 39 00:02:20,400 --> 00:02:24,800 Speaker 4: So we were moving equipment from farm to farm or 40 00:02:25,360 --> 00:02:26,720 Speaker 4: out fixing. 41 00:02:26,360 --> 00:02:29,960 Speaker 2: Equipment between livestock and raising cattle. 42 00:02:29,680 --> 00:02:32,120 Speaker 4: And harvesting or planting. 43 00:02:32,320 --> 00:02:34,840 Speaker 2: But really wonderful life. 44 00:02:35,040 --> 00:02:38,720 Speaker 4: Actually, Tom probably had the hardest of everyone because it 45 00:02:38,760 --> 00:02:42,239 Speaker 4: was less automated when he was younger, so it was 46 00:02:42,280 --> 00:02:48,160 Speaker 4: a lot more physical labor. And he was he was, 47 00:02:48,960 --> 00:02:54,040 Speaker 4: like I'd say, probably my dad's right hand man. 48 00:02:55,680 --> 00:02:57,680 Speaker 1: So are you getting emotional right now? 49 00:02:58,280 --> 00:02:58,480 Speaker 5: Yeah? 50 00:02:58,720 --> 00:03:04,720 Speaker 4: I just I guess just thinking back to the way 51 00:03:04,840 --> 00:03:11,000 Speaker 4: our lives were, Just thinking back about, you know, how 52 00:03:11,040 --> 00:03:16,400 Speaker 4: we all kind of worked together, and how good my 53 00:03:16,560 --> 00:03:20,560 Speaker 4: parents were, you know, to of us all. 54 00:03:29,160 --> 00:03:30,320 Speaker 1: Where did life take you? 55 00:03:30,440 --> 00:03:30,680 Speaker 2: Yeah? 56 00:03:30,760 --> 00:03:35,560 Speaker 3: I graduated from Webster City High School in nineteen seventy seven, 57 00:03:35,840 --> 00:03:42,000 Speaker 3: and I graduated from westmar University with the sociology, psychology, 58 00:03:42,080 --> 00:03:43,240 Speaker 3: and a business minor. 59 00:03:43,600 --> 00:03:46,760 Speaker 1: Tom wanted to be a wrestling coach and teacher. That 60 00:03:46,840 --> 00:03:49,880 Speaker 1: was my plan, but his plans changed. 61 00:03:50,160 --> 00:03:53,680 Speaker 3: And I ended up going into agrisales in the seed 62 00:03:53,760 --> 00:03:55,880 Speaker 3: and fertiliz in industry. 63 00:03:56,680 --> 00:04:00,480 Speaker 1: Still Tom thrived. He was good at sales. 64 00:04:00,800 --> 00:04:05,760 Speaker 4: He's just got a really charismatic personality. He's very outgoing, 65 00:04:06,000 --> 00:04:10,920 Speaker 4: he's fun he's funny. He just has a way like 66 00:04:11,000 --> 00:04:13,880 Speaker 4: of just you know, making you feel at ease. 67 00:04:14,520 --> 00:04:17,080 Speaker 1: But before his success as a big time sales VP, 68 00:04:17,760 --> 00:04:21,120 Speaker 1: Tom was just a college kid who one day saw 69 00:04:21,240 --> 00:04:22,000 Speaker 1: a pretty girl. 70 00:04:22,360 --> 00:04:25,000 Speaker 2: I met Jane at college my junior year. 71 00:04:25,279 --> 00:04:27,120 Speaker 1: It was nineteen seventy nine. 72 00:04:27,160 --> 00:04:31,839 Speaker 3: And she was a farm girl from Northwest Aisle and 73 00:04:32,080 --> 00:04:34,240 Speaker 3: five seven, blue eyes. 74 00:04:34,200 --> 00:04:38,760 Speaker 1: With long blonde hair, just really pretty. Tom was smitten. 75 00:04:39,320 --> 00:04:44,880 Speaker 3: She had a kind of a down home country girl flavor. 76 00:04:45,120 --> 00:04:47,760 Speaker 1: Not even a year after they met, Tom and Jane 77 00:04:47,800 --> 00:04:50,880 Speaker 1: were married in nineteen eighty So you met Jane and 78 00:04:50,920 --> 00:04:52,880 Speaker 1: you guys were like had over heels. 79 00:04:53,320 --> 00:04:53,920 Speaker 2: Yeah, it was. 80 00:04:54,040 --> 00:04:57,560 Speaker 3: It was kind of a quick romance and we loved 81 00:04:57,600 --> 00:04:59,359 Speaker 3: each other and each other's families. 82 00:04:59,440 --> 00:05:00,400 Speaker 2: It was a good bit. 83 00:05:01,160 --> 00:05:04,520 Speaker 3: I think that we had so much in common from 84 00:05:04,560 --> 00:05:08,520 Speaker 3: like a work ethic and you know, be good to 85 00:05:08,640 --> 00:05:11,400 Speaker 3: family and love one another. It was just we were 86 00:05:11,480 --> 00:05:13,640 Speaker 3: raised the same way. I really think that was the 87 00:05:13,839 --> 00:05:14,560 Speaker 3: essence of it. 88 00:05:14,760 --> 00:05:17,480 Speaker 4: They were always like joking around with one another, like 89 00:05:17,520 --> 00:05:18,480 Speaker 4: he would tease. 90 00:05:18,240 --> 00:05:19,760 Speaker 1: Her Tom's brother Ron. 91 00:05:19,800 --> 00:05:27,719 Speaker 4: Again, she was just probably the sweetest huh person. You 92 00:05:27,839 --> 00:05:30,880 Speaker 4: just sense that she loved you and she cared about you. 93 00:05:33,200 --> 00:05:36,200 Speaker 1: It sounds like she was more than just your brother's wife. 94 00:05:36,240 --> 00:05:38,640 Speaker 1: You really felt like she was part of your family. 95 00:05:39,279 --> 00:05:44,599 Speaker 4: Oh yeah, she was just an amazing person. She had 96 00:05:44,640 --> 00:05:47,479 Speaker 4: such a great spirit about her when you were around her. 97 00:05:48,080 --> 00:05:49,680 Speaker 4: That's what I would say about Jane. 98 00:05:50,760 --> 00:05:53,440 Speaker 1: In nineteen eighty two, they had their first son, Eric, 99 00:05:53,680 --> 00:05:57,960 Speaker 1: and their second son, Jason. In nineteen eighty seven. Tom 100 00:05:58,000 --> 00:06:00,960 Speaker 1: and Jane and the boys moved all around for Tom's 101 00:06:00,960 --> 00:06:05,440 Speaker 1: work in agricultural sales, but Eventually they landed in Mankato, 102 00:06:05,520 --> 00:06:07,479 Speaker 1: Minnesota in the early nineties. 103 00:06:07,920 --> 00:06:12,840 Speaker 3: The kids really flourished in the school district there, and 104 00:06:13,080 --> 00:06:17,040 Speaker 3: Jason and Eric were both in sports football, did a 105 00:06:17,080 --> 00:06:21,200 Speaker 3: little wrestling and basketball, and so I tried to coach 106 00:06:21,279 --> 00:06:24,360 Speaker 3: and be a part of things, whether it be assistant 107 00:06:24,400 --> 00:06:27,360 Speaker 3: coach or whatever I could do to step up. 108 00:06:27,279 --> 00:06:27,760 Speaker 2: To be there. 109 00:06:28,200 --> 00:06:30,560 Speaker 1: For a couple of years in the early nineties, Tom 110 00:06:30,640 --> 00:06:32,960 Speaker 1: and Jane landed on hard times. 111 00:06:33,360 --> 00:06:36,120 Speaker 3: We went through a little bit of a rough patch 112 00:06:36,680 --> 00:06:40,120 Speaker 3: communication wise. I don't think things were as good as 113 00:06:40,520 --> 00:06:41,000 Speaker 3: they could. 114 00:06:41,279 --> 00:06:43,279 Speaker 1: They were also struggling financially. 115 00:06:43,839 --> 00:06:47,719 Speaker 4: People go through difficult times and marriages. I've been married 116 00:06:47,720 --> 00:06:53,000 Speaker 4: for eighteen years, and I'm sure that they had difficult times, 117 00:06:53,040 --> 00:06:57,840 Speaker 4: But it wasn't like I ever felt like they if 118 00:06:57,880 --> 00:07:01,040 Speaker 4: they felt like they didn't love one another or whatever. 119 00:07:01,240 --> 00:07:03,920 Speaker 4: I feel like they were both the type of people 120 00:07:03,960 --> 00:07:06,600 Speaker 4: that would come together and say, hey, well, what are 121 00:07:06,640 --> 00:07:09,520 Speaker 4: we going to do about this? What's best for the boys, 122 00:07:09,640 --> 00:07:11,520 Speaker 4: I think is what they would be thinking in that 123 00:07:11,640 --> 00:07:15,360 Speaker 4: scenario if they had or went through trouble. It was 124 00:07:15,520 --> 00:07:19,000 Speaker 4: never in front of us or the family and anything 125 00:07:19,120 --> 00:07:23,160 Speaker 4: like that. And I just never felt that Tom knowing 126 00:07:23,280 --> 00:07:26,440 Speaker 4: his love for Jane and for the boys, I never 127 00:07:26,480 --> 00:07:29,160 Speaker 4: felt that he would have intentionally hurt her or done 128 00:07:29,200 --> 00:07:30,720 Speaker 4: anything harmful. 129 00:07:41,160 --> 00:07:46,480 Speaker 1: By nineteen ninety six, things were on the up. Jane 130 00:07:46,480 --> 00:07:48,840 Speaker 1: got a job with good pay and benefits. 131 00:07:49,080 --> 00:07:54,200 Speaker 3: I was doing well my job and getting bigger bonus checks. 132 00:07:54,520 --> 00:08:01,560 Speaker 3: And we sold our first house and bought a house 133 00:08:01,680 --> 00:08:04,720 Speaker 3: that was completely redone with a great room build on 134 00:08:04,800 --> 00:08:08,760 Speaker 3: a new basement underneath of it that had had a fire, 135 00:08:09,000 --> 00:08:11,400 Speaker 3: and it was kind of our dream place. 136 00:08:11,800 --> 00:08:14,800 Speaker 1: Tom was VP at the seed company. I mentioned earlier. 137 00:08:15,080 --> 00:08:19,000 Speaker 3: We were doing better than we had and. 138 00:08:20,440 --> 00:08:21,480 Speaker 2: Our life was and. 139 00:08:23,480 --> 00:08:28,800 Speaker 3: We were happy and felt like we were also enjoying 140 00:08:28,800 --> 00:08:30,680 Speaker 3: the success of our careers. 141 00:08:31,120 --> 00:08:34,320 Speaker 1: They had finally made it. I mean, y'all had a boat, 142 00:08:34,360 --> 00:08:35,280 Speaker 1: you must have been doing well. 143 00:08:35,880 --> 00:08:39,880 Speaker 3: We we had had a couple of different boats, but 144 00:08:39,960 --> 00:08:44,360 Speaker 3: we mainly had had jet skis and done that and 145 00:08:45,320 --> 00:08:51,560 Speaker 3: tubed and wakeboarded behind the bigger jet skis and stuff 146 00:08:51,679 --> 00:08:54,640 Speaker 3: we we did. We did a lot of stuff on 147 00:08:54,679 --> 00:08:57,480 Speaker 3: the water. Ever since we moved to Minnesota, we kind 148 00:08:57,480 --> 00:08:58,440 Speaker 3: of lived on the water. 149 00:08:59,000 --> 00:09:03,680 Speaker 4: I went up to vacation with them in northern Minnesota 150 00:09:03,720 --> 00:09:08,800 Speaker 4: and the family basically my parents and Tom's family had 151 00:09:08,840 --> 00:09:11,720 Speaker 4: rented a house on a lake, and I went up 152 00:09:11,720 --> 00:09:15,920 Speaker 4: there for two or three days and spent time with 153 00:09:15,960 --> 00:09:19,559 Speaker 4: them boating and fishing, and they just had a good time. 154 00:09:19,720 --> 00:09:22,920 Speaker 4: You know, they just were down to earth but like 155 00:09:23,000 --> 00:09:27,480 Speaker 4: to have fun. And you know, we were growing up, 156 00:09:28,200 --> 00:09:30,679 Speaker 4: we didn't do a lot of vacationing and stuff like that. 157 00:09:30,840 --> 00:09:35,000 Speaker 4: But you know, one summer I remember vividly kind of 158 00:09:35,040 --> 00:09:37,840 Speaker 4: going and just just having a blast, Tom teaching me 159 00:09:37,880 --> 00:09:42,120 Speaker 4: how to ski, and just everybody having fun together and 160 00:09:42,200 --> 00:09:45,920 Speaker 4: being a family doing doing the family stuff. 161 00:09:46,679 --> 00:09:49,760 Speaker 1: Tom and Jane loved being out on the water, and 162 00:09:49,800 --> 00:09:51,400 Speaker 1: when the boys were asleep. 163 00:09:51,240 --> 00:09:53,719 Speaker 2: Jane and I would have a drink or two and 164 00:09:53,760 --> 00:09:54,400 Speaker 2: go out. 165 00:09:54,640 --> 00:09:57,480 Speaker 1: On the night of August second, the family was on 166 00:09:57,559 --> 00:09:58,319 Speaker 1: another vacation. 167 00:09:59,000 --> 00:10:02,720 Speaker 3: We had let the boys always play in the pool 168 00:10:02,880 --> 00:10:07,360 Speaker 3: at the end, and that night they just were out 169 00:10:07,559 --> 00:10:10,199 Speaker 3: from all the you know, vacationing and stuff. 170 00:10:10,280 --> 00:10:11,040 Speaker 2: Just tired out. 171 00:10:11,360 --> 00:10:13,640 Speaker 1: So Tom and Jane left the boys in their hotel 172 00:10:13,800 --> 00:10:15,920 Speaker 1: and took the boat out on Green Lake for a 173 00:10:16,000 --> 00:10:16,760 Speaker 1: moonlight ride. 174 00:10:17,000 --> 00:10:19,920 Speaker 2: We were just relaxing and talking. It was so peaceful, 175 00:10:20,040 --> 00:10:25,560 Speaker 2: and we were discussing about you know, getting back and 176 00:10:25,559 --> 00:10:32,400 Speaker 2: getting the boys started in school, and you know, the 177 00:10:32,440 --> 00:10:36,199 Speaker 2: sports season was going to be kicking off for football, 178 00:10:36,320 --> 00:10:40,880 Speaker 2: so it was a lot of fun things to look 179 00:10:40,920 --> 00:10:41,400 Speaker 2: forward to. 180 00:10:44,360 --> 00:10:46,640 Speaker 1: It was getting late, so they decided to call it 181 00:10:46,679 --> 00:10:47,240 Speaker 1: a night. 182 00:10:47,240 --> 00:10:52,839 Speaker 2: And we went north and that's when she fell out. 183 00:10:53,080 --> 00:10:55,840 Speaker 1: Tom says he saw Jane lean forward. She seemed to 184 00:10:55,840 --> 00:10:57,080 Speaker 1: have dropped something. 185 00:10:57,640 --> 00:11:01,560 Speaker 3: Later we found out was an ear ring, and she 186 00:11:01,800 --> 00:11:04,400 Speaker 3: went to pick something up. I thought she was just 187 00:11:04,559 --> 00:11:08,360 Speaker 3: turning to set down beside me. The moon was to 188 00:11:08,480 --> 00:11:12,200 Speaker 3: the right. I looked, glanced the right to navigate, look back, 189 00:11:12,240 --> 00:11:13,560 Speaker 3: and saw her shoes going over. 190 00:11:15,200 --> 00:11:16,800 Speaker 1: Tom says he was frantic. 191 00:11:17,240 --> 00:11:20,720 Speaker 3: I was in emergency mode trying to save Jane and 192 00:11:21,080 --> 00:11:23,920 Speaker 3: was looking. I looked so hard, I swear I thought 193 00:11:23,960 --> 00:11:28,600 Speaker 3: I saw her, and and so I jumped out and 194 00:11:28,679 --> 00:11:32,760 Speaker 3: didn't find anything, and quickly learned that I had jumped 195 00:11:32,760 --> 00:11:35,880 Speaker 3: off the back of the boat with the point facing 196 00:11:36,679 --> 00:11:39,840 Speaker 3: south and pushed the boat away from me. And I 197 00:11:39,880 --> 00:11:45,840 Speaker 3: had almost I was so exhausted from what had. 198 00:11:45,640 --> 00:11:47,920 Speaker 2: Happened and searching in the water. 199 00:11:48,000 --> 00:11:50,040 Speaker 3: I almost did make it back to the boat myself, 200 00:11:50,320 --> 00:11:57,000 Speaker 3: but he did and then I I know I did circles. 201 00:11:57,080 --> 00:11:58,040 Speaker 2: I don't know if. 202 00:11:57,840 --> 00:12:00,600 Speaker 3: I zigzag too but I tried to cover the area 203 00:12:00,679 --> 00:12:02,559 Speaker 3: because I thought she had to be there and if 204 00:12:02,559 --> 00:12:04,800 Speaker 3: she was unconscious, I could maybe find her floater. 205 00:12:05,200 --> 00:12:14,880 Speaker 6: I need CPR, so I thought I could savor but 206 00:12:15,000 --> 00:12:16,400 Speaker 6: I didn't find her. 207 00:12:17,640 --> 00:12:20,520 Speaker 1: Tom eventually beached the boat and ran into a restaurant 208 00:12:20,640 --> 00:12:21,079 Speaker 1: for help. 209 00:12:21,280 --> 00:12:25,440 Speaker 3: The night clerk let me in and I was drans 210 00:12:25,480 --> 00:12:30,040 Speaker 3: from head to toe, exhausted, trying to talk and almost 211 00:12:30,080 --> 00:12:31,600 Speaker 3: throwing up all at the same time. 212 00:12:32,160 --> 00:12:34,760 Speaker 1: Soon law enforcement showed up and helped in the search. 213 00:12:35,240 --> 00:12:38,640 Speaker 1: They also questioned Tom about the night, but he had 214 00:12:38,720 --> 00:12:39,920 Speaker 1: other things on his mind. 215 00:12:40,480 --> 00:12:42,199 Speaker 3: I kept telling him, I want to go back out 216 00:12:42,200 --> 00:12:43,960 Speaker 3: and search for my wife. I want to go back 217 00:12:44,000 --> 00:12:46,040 Speaker 3: out on my boat. You guys have got my boat 218 00:12:46,080 --> 00:12:48,000 Speaker 3: in the other boat. I want to go be back 219 00:12:48,040 --> 00:12:48,680 Speaker 3: and be part. 220 00:12:48,559 --> 00:12:49,920 Speaker 2: Of a search. And they wouldn't let me. 221 00:12:50,600 --> 00:12:53,839 Speaker 3: So that was probably the most difficult thing, other than 222 00:12:53,880 --> 00:12:57,160 Speaker 3: telling the boys obviously they're boys. 223 00:12:57,200 --> 00:12:58,559 Speaker 1: Still talked in bed. 224 00:12:58,960 --> 00:13:00,240 Speaker 2: That was the hardest thing. 225 00:13:00,280 --> 00:13:06,000 Speaker 3: I mean to, you know, look into my son's beautiful blue. 226 00:13:05,840 --> 00:13:11,720 Speaker 2: Eyes and I have to see that kind of pain. 227 00:13:13,240 --> 00:13:15,880 Speaker 1: The next morning, some fishermen came across a body in 228 00:13:15,920 --> 00:13:18,319 Speaker 1: the water. It was Jane. 229 00:13:19,480 --> 00:13:20,600 Speaker 2: I'd have done anything. 230 00:13:20,679 --> 00:13:23,560 Speaker 5: Did not have to don't have to tell them that 231 00:13:23,800 --> 00:13:31,040 Speaker 5: about their losing their mom. 232 00:13:31,440 --> 00:13:34,720 Speaker 7: Tavas is my partner Dan dan Her telling hey, Todd, Dan. 233 00:13:34,640 --> 00:13:35,600 Speaker 6: How good are you. 234 00:13:36,320 --> 00:13:39,559 Speaker 1: Almost two weeks after Jane's body was found, police brought 235 00:13:39,600 --> 00:13:42,760 Speaker 1: Tom into the Candy O High Share station for questioning. 236 00:13:43,400 --> 00:13:46,199 Speaker 3: This has been the hardest thing in while life, be 237 00:13:46,720 --> 00:13:48,760 Speaker 3: losing my wife for sixteen years. 238 00:13:48,800 --> 00:13:52,000 Speaker 1: And police had questioned Tom the night Jane fell into 239 00:13:52,000 --> 00:13:55,640 Speaker 1: the water, and now, following a few days of investigation, 240 00:13:56,240 --> 00:13:58,079 Speaker 1: they wanted to go over that night again. 241 00:13:58,400 --> 00:14:01,360 Speaker 7: He said, you're not under arrest anything like. We asked 242 00:14:01,360 --> 00:14:03,160 Speaker 7: you to come down here to talk to us about 243 00:14:03,160 --> 00:14:06,640 Speaker 7: the accident because that night it was confusing. There's a 244 00:14:06,640 --> 00:14:07,640 Speaker 7: lot of things going on. 245 00:14:08,240 --> 00:14:11,079 Speaker 1: And they also had a report from the medical examiner. 246 00:14:11,320 --> 00:14:15,120 Speaker 7: The body's brought down to doctor McGee. Do you ever 247 00:14:15,160 --> 00:14:20,240 Speaker 7: hear of him? Okay, he's a forensic pathologist in Ramsey County. 248 00:14:20,600 --> 00:14:21,000 Speaker 6: All right. 249 00:14:21,120 --> 00:14:21,280 Speaker 2: Right. 250 00:14:21,320 --> 00:14:23,240 Speaker 8: At the beginning of the case, at the beginning of 251 00:14:23,240 --> 00:14:27,200 Speaker 8: the investigation, the medical examiner didn't really have any medical 252 00:14:27,200 --> 00:14:30,400 Speaker 8: evidence to support the idea that Tom was guilty of 253 00:14:30,400 --> 00:14:31,600 Speaker 8: premeditated murder. 254 00:14:32,080 --> 00:14:35,960 Speaker 1: This is Jim Mayer, legal director at the Great North Innocence. 255 00:14:35,560 --> 00:14:38,280 Speaker 8: Project, but he had suspicions. 256 00:14:37,840 --> 00:14:41,200 Speaker 1: Suspicions influenced by the theories of the police. 257 00:14:41,680 --> 00:14:44,280 Speaker 7: When you when you went out there that evening with 258 00:14:44,320 --> 00:14:48,080 Speaker 7: your wife, did you have any intentions to harm her? 259 00:14:48,360 --> 00:14:48,640 Speaker 6: No? 260 00:14:51,560 --> 00:14:57,320 Speaker 7: Absolutely, no way. Okay, how did those And I'm hoping 261 00:14:57,360 --> 00:14:58,920 Speaker 7: you can help me out here if you could really 262 00:14:58,960 --> 00:15:01,000 Speaker 7: think how that marked gotten on her face? 263 00:15:01,360 --> 00:15:04,000 Speaker 1: The first doctor to look at Jane's body found bruising 264 00:15:04,080 --> 00:15:06,600 Speaker 1: on her face, head, and a cut to the right 265 00:15:06,640 --> 00:15:10,640 Speaker 1: side of her mouth. Then the forensic pathologist who performed 266 00:15:10,640 --> 00:15:15,520 Speaker 1: the autopsy, doctor Michael McGee, found hemorrhaging beneath the facial injuries. 267 00:15:16,280 --> 00:15:21,480 Speaker 1: Her death was initially ruled undetermined, so the police kept digging. 268 00:15:22,120 --> 00:15:23,520 Speaker 8: Was there trouble in the marriage? 269 00:15:23,600 --> 00:15:26,160 Speaker 7: Did you guys ever talk about a divorce? Was there 270 00:15:26,160 --> 00:15:28,480 Speaker 7: an ever period in your marriage caught? 271 00:15:29,320 --> 00:15:33,160 Speaker 8: Did the family have debts? Was there life insurance involved? 272 00:15:33,280 --> 00:15:36,320 Speaker 7: Did you have any type of insurance like on your 273 00:15:36,360 --> 00:15:42,240 Speaker 7: morgine if somebody passes away that helps. 274 00:15:41,920 --> 00:15:45,320 Speaker 1: Pay the war each Remember Tom and Jane had struggled 275 00:15:45,360 --> 00:15:48,240 Speaker 1: financially for a few years right before this, so they 276 00:15:48,280 --> 00:15:49,160 Speaker 1: found that, you. 277 00:15:49,160 --> 00:15:52,480 Speaker 8: Know, these are all totally commonplace things, but they just 278 00:15:53,200 --> 00:15:55,880 Speaker 8: they weaved all of that stuff together into a story 279 00:15:55,920 --> 00:15:58,800 Speaker 8: of a man who is desperate and wanted to get 280 00:15:58,800 --> 00:16:01,040 Speaker 8: out of his marriage but couldn't afford it and wanted 281 00:16:01,080 --> 00:16:02,280 Speaker 8: the life insurance money. 282 00:16:02,640 --> 00:16:05,800 Speaker 1: Police had also found out about the rocky years in 283 00:16:05,840 --> 00:16:06,760 Speaker 1: their relationship. 284 00:16:07,400 --> 00:16:07,840 Speaker 7: Just funny. 285 00:16:07,840 --> 00:16:08,360 Speaker 2: You know what we. 286 00:16:08,400 --> 00:16:12,840 Speaker 7: Learned, Tom, is that there were some rough spots in 287 00:16:12,880 --> 00:16:19,600 Speaker 7: your marriage. Okay, and there were, but those rules were 288 00:16:19,680 --> 00:16:20,680 Speaker 7: long behind us. 289 00:16:20,840 --> 00:16:26,160 Speaker 5: I haven't haven't had any problems recently. 290 00:16:27,360 --> 00:16:31,360 Speaker 1: On top of everything, police also said Tom was quote 291 00:16:31,520 --> 00:16:32,840 Speaker 1: not grieving properly. 292 00:16:33,360 --> 00:16:38,680 Speaker 3: Yeah, imagine that. That's quite a bold statement. How do 293 00:16:38,760 --> 00:16:42,240 Speaker 3: you tell if someone's had a loss how they should grieve. 294 00:16:43,080 --> 00:16:48,000 Speaker 3: I think that's a personal thing. And I totally a 295 00:16:48,000 --> 00:16:52,360 Speaker 3: grieved with my family, with my sons and took care 296 00:16:52,400 --> 00:16:58,080 Speaker 3: of them and and did my best. And I kept 297 00:16:58,080 --> 00:17:02,280 Speaker 3: a relationship with Deane's family inform them. As things were 298 00:17:02,320 --> 00:17:04,879 Speaker 3: unfolding with the legal system as well. 299 00:17:05,280 --> 00:17:08,040 Speaker 1: As the months passed with all these new suspicions being 300 00:17:08,040 --> 00:17:11,720 Speaker 1: brought up by the police, the pathologist, doctor Michael McGee, 301 00:17:12,119 --> 00:17:15,320 Speaker 1: decided to give his initial report on Jane's death a 302 00:17:15,320 --> 00:17:17,960 Speaker 1: second look to see if he could figure out what 303 00:17:18,119 --> 00:17:18,880 Speaker 1: had happened to. 304 00:17:18,920 --> 00:17:21,920 Speaker 8: Jane becoming his own version of a detective. 305 00:17:22,240 --> 00:17:26,200 Speaker 1: Marriage troubles, debts, alleged suspicious grieving behavior. 306 00:17:26,560 --> 00:17:29,160 Speaker 8: What you end up having is a medical examiner who, 307 00:17:29,160 --> 00:17:32,960 Speaker 8: in his initial review concludes that the medical findings don't 308 00:17:33,000 --> 00:17:37,800 Speaker 8: support homicide, looking into what the detectives are looking at, 309 00:17:37,840 --> 00:17:41,119 Speaker 8: and then reverse himself and decide, yes, now the medical 310 00:17:41,160 --> 00:17:43,240 Speaker 8: findings support homicide. 311 00:17:43,320 --> 00:17:48,320 Speaker 1: Doctor Michael McGee changed his findings from undetermined to homicide. 312 00:17:48,359 --> 00:17:51,800 Speaker 1: After more than a year of investigation, police had their 313 00:17:51,840 --> 00:17:55,760 Speaker 1: prime suspect in sight, and on December ninth, nineteen ninety seven, 314 00:17:56,280 --> 00:17:59,159 Speaker 1: a grand jury indicted Thomas Rhodes for murder. 315 00:18:05,400 --> 00:18:09,560 Speaker 4: We didn't know how to respond. We didn't know, you know, 316 00:18:09,600 --> 00:18:10,360 Speaker 4: how to help him. 317 00:18:10,680 --> 00:18:12,679 Speaker 1: This is Tom's brother Ron again. 318 00:18:12,800 --> 00:18:15,600 Speaker 4: And it was I think it was so hard that 319 00:18:15,720 --> 00:18:20,320 Speaker 4: time in our life, thinking back to the way it 320 00:18:20,359 --> 00:18:23,480 Speaker 4: affected us as a family, the way it affected Tom 321 00:18:23,520 --> 00:18:28,080 Speaker 4: and his family, his young family, the way it affected 322 00:18:28,119 --> 00:18:32,000 Speaker 4: my mom and dad. They were very scared. One Tom 323 00:18:32,119 --> 00:18:36,720 Speaker 4: was indicted just because you know, he had always tried 324 00:18:36,760 --> 00:18:39,840 Speaker 4: to cooperate and we just never thought that, you know, 325 00:18:40,880 --> 00:18:43,560 Speaker 4: my brother would do anything to hurt Jane intentionally. 326 00:18:44,400 --> 00:18:47,399 Speaker 1: Tom went to trial the following year, in July nineteen 327 00:18:47,480 --> 00:18:50,199 Speaker 1: ninety eight. He had the support of Ron and his 328 00:18:50,320 --> 00:18:54,680 Speaker 1: parents and many family and friends who believed Tom wouldn't 329 00:18:54,680 --> 00:18:58,600 Speaker 1: have committed such a crime, but the trial prosecutor, John 330 00:18:58,720 --> 00:19:06,080 Speaker 1: Doherty said otherwise. He said Tom and Jane had a 331 00:19:06,119 --> 00:19:09,119 Speaker 1: lot of recent debt from their new lifestyle, the house, 332 00:19:09,280 --> 00:19:13,040 Speaker 1: the boat, in a new car. Docerty also brought up 333 00:19:13,080 --> 00:19:16,920 Speaker 1: their previous marriage troubles. He said Tom wanted a divorce 334 00:19:17,359 --> 00:19:19,879 Speaker 1: but didn't want to pay child support, so he planned 335 00:19:19,880 --> 00:19:22,240 Speaker 1: to get rid of Jane and make it look accidental. 336 00:19:22,760 --> 00:19:25,360 Speaker 1: That way, he could cash in on her life insurance 337 00:19:25,400 --> 00:19:30,320 Speaker 1: policy and have his boys a win win. But these 338 00:19:30,320 --> 00:19:34,359 Speaker 1: were all theories, so the prosecution needed an expert to 339 00:19:34,440 --> 00:19:36,600 Speaker 1: make their whole case legitimate. 340 00:19:37,160 --> 00:19:41,040 Speaker 8: The prosecution's case was largely built around the testimony of 341 00:19:41,080 --> 00:19:44,560 Speaker 8: doctor Michael McGee. That was really the lynchpin of the 342 00:19:44,600 --> 00:19:48,879 Speaker 8: state's case. What doctor McGee testified to was that he 343 00:19:49,000 --> 00:19:52,400 Speaker 8: could tell from the condition of Jane's body that there 344 00:19:52,440 --> 00:19:54,200 Speaker 8: had been a struggle on the boat. 345 00:19:54,520 --> 00:19:58,240 Speaker 1: Remember, there was bruising, hemorrhaging, and a cut on Jane's face. 346 00:19:58,800 --> 00:20:02,040 Speaker 1: Doctor McGee the injuries were the results of a fight 347 00:20:02,240 --> 00:20:03,320 Speaker 1: between Tom and. 348 00:20:03,320 --> 00:20:06,359 Speaker 8: Jane, and he also testified that he knew he could 349 00:20:06,400 --> 00:20:09,199 Speaker 8: tell from the condition of Jane's body that she had 350 00:20:09,280 --> 00:20:12,679 Speaker 8: been struck multiple times by the boat after she had 351 00:20:12,720 --> 00:20:16,119 Speaker 8: fallen into the water. That was very powerful evidence for 352 00:20:16,160 --> 00:20:17,040 Speaker 8: the jury to hear. 353 00:20:17,240 --> 00:20:19,320 Speaker 1: And doctor McGhee wasn't done. 354 00:20:19,480 --> 00:20:21,919 Speaker 8: He brought out a clay model and displayed it on 355 00:20:21,960 --> 00:20:23,960 Speaker 8: a table for the jury to look at, and this 356 00:20:24,080 --> 00:20:31,119 Speaker 8: clay model showed awful discoloration all over Jane's face and head. 357 00:20:31,400 --> 00:20:34,960 Speaker 1: Doctor McGee used a life size clay model of Jane's 358 00:20:35,000 --> 00:20:39,160 Speaker 1: head depicting a severely bruised face to show that her 359 00:20:39,160 --> 00:20:42,479 Speaker 1: injuries couldn't have been accidental. 360 00:20:42,119 --> 00:20:44,280 Speaker 8: And anyone who would look at this model would be 361 00:20:44,359 --> 00:20:47,920 Speaker 8: horrified to think about what must have happened to this person. 362 00:20:48,400 --> 00:20:50,720 Speaker 1: Tom couldn't believe the things he was being accused of 363 00:20:50,800 --> 00:20:54,359 Speaker 1: doing to Jane, grabbing her by the neck, pushing her over, 364 00:20:54,840 --> 00:20:58,240 Speaker 1: and running her over multiple times with the boat. 365 00:20:58,800 --> 00:21:05,359 Speaker 3: I knew it was a lie, but my attorney wasn't 366 00:21:05,400 --> 00:21:07,360 Speaker 3: prepared to handle doctor McGee. 367 00:21:07,760 --> 00:21:12,159 Speaker 1: Tom's defense attorney was Michael College. Although Tom says that 368 00:21:12,200 --> 00:21:15,000 Speaker 1: College did a poor job on Cross, he did have 369 00:21:15,040 --> 00:21:19,160 Speaker 1: a qualified expert he called doctor Lindsay Thomas to refute 370 00:21:19,200 --> 00:21:20,040 Speaker 1: doctor McGee. 371 00:21:20,200 --> 00:21:26,040 Speaker 3: Doctor Lindsay Thomas pretty much went against McGee one hundred 372 00:21:26,119 --> 00:21:27,000 Speaker 3: percent and. 373 00:21:28,520 --> 00:21:30,800 Speaker 2: Refuted everything that they had said. 374 00:21:31,119 --> 00:21:34,880 Speaker 1: Doctor Lindsay Thomas testified that Jane's face indeed had internal 375 00:21:34,880 --> 00:21:39,520 Speaker 1: hemorrhaging on both sides, but not because of multiple intentional 376 00:21:39,520 --> 00:21:41,879 Speaker 1: blows with the boat. She said, it was because the 377 00:21:41,920 --> 00:21:45,399 Speaker 1: blood from the forehead injury dreamed into her face and 378 00:21:45,520 --> 00:21:46,240 Speaker 1: settled there. 379 00:21:46,520 --> 00:21:50,080 Speaker 8: Anyone who knows about drowning victims and forensic pathology will 380 00:21:50,119 --> 00:21:52,800 Speaker 8: tell you where you have a drowning victim who has 381 00:21:52,840 --> 00:21:56,640 Speaker 8: been floating face down for thirteen hours or however long 382 00:21:56,680 --> 00:21:59,719 Speaker 8: it was, you're going to have the pooling of blood 383 00:21:59,760 --> 00:22:02,960 Speaker 8: and certain areas. And so this doesn't reflect that she 384 00:22:03,119 --> 00:22:05,239 Speaker 8: was beaten all over her face and head. What it 385 00:22:05,280 --> 00:22:08,639 Speaker 8: reflects was that blood, by virtue of gravity, will pool 386 00:22:08,640 --> 00:22:10,959 Speaker 8: in a certain area when a body that is no 387 00:22:11,040 --> 00:22:14,040 Speaker 8: longer circulating blood stays in a certain position for a 388 00:22:14,080 --> 00:22:14,760 Speaker 8: period of time. 389 00:22:14,960 --> 00:22:17,439 Speaker 1: And that's not new science. In nineteen ninety six, that 390 00:22:17,640 --> 00:22:18,760 Speaker 1: should have been known. 391 00:22:18,840 --> 00:22:21,160 Speaker 8: Absolutely, absolutely should have been known. 392 00:22:24,720 --> 00:22:28,000 Speaker 1: After two weeks of trial, the jury was sent to deliberate. 393 00:22:28,359 --> 00:22:31,760 Speaker 3: I was really, really concerned, but I also believe that 394 00:22:31,840 --> 00:22:34,960 Speaker 3: you couldn't be convicted if you're innocent. I thought that 395 00:22:35,040 --> 00:22:39,720 Speaker 3: there was enough that they could see through doctor McGhee 396 00:22:40,200 --> 00:22:43,960 Speaker 3: and hopefully believe, you know, doctor Thomas, what was wrong. 397 00:22:50,119 --> 00:22:53,560 Speaker 1: On July twenty ninth, nineteen ninety eight, Thomas Rhodes was 398 00:22:53,600 --> 00:22:58,400 Speaker 1: convicted a first degree premeditated murder and sentenced to mandatory 399 00:22:58,480 --> 00:23:04,000 Speaker 1: life in prison. How did Tom's conviction affect you all? 400 00:23:07,880 --> 00:23:13,760 Speaker 4: Just heartbreaking, you know, first of all to lose my 401 00:23:13,960 --> 00:23:21,800 Speaker 4: sister in law. Yeah, I think that was just the 402 00:23:21,840 --> 00:23:26,960 Speaker 4: hardest thing. She was such a good mob, such a 403 00:23:27,000 --> 00:23:33,320 Speaker 4: good person, and seeing that together and they're boys, and 404 00:23:33,520 --> 00:23:37,440 Speaker 4: just it was just a heartache for I mean that 405 00:23:38,600 --> 00:23:39,399 Speaker 4: it was sore. 406 00:23:41,200 --> 00:23:43,800 Speaker 1: When Tom Rhodes got to prison in his late thirties, 407 00:23:44,200 --> 00:23:46,760 Speaker 1: he says he was completely out of his element. 408 00:23:47,320 --> 00:23:51,160 Speaker 3: I was raised by really compassionate people and kindness. 409 00:23:51,200 --> 00:23:52,720 Speaker 2: That's kind of seeing this weakness. 410 00:23:52,760 --> 00:23:56,280 Speaker 3: So you have to fight, you have to stand up 411 00:23:56,280 --> 00:24:01,239 Speaker 3: for yourself, you have to do whatever, and so I 412 00:24:01,320 --> 00:24:04,120 Speaker 3: just fought and didn't wait always. 413 00:24:04,520 --> 00:24:06,400 Speaker 1: Tom felt like he was becoming a shell of who 414 00:24:06,400 --> 00:24:09,600 Speaker 1: he was. But when Ron and his parents visited, he 415 00:24:09,720 --> 00:24:10,879 Speaker 1: was reminded. 416 00:24:10,720 --> 00:24:12,840 Speaker 4: So he just tell us, Hey, when you get in here, 417 00:24:12,920 --> 00:24:15,320 Speaker 4: you can give me a hug. Please give me a hug. 418 00:24:15,359 --> 00:24:19,600 Speaker 4: You just Tom would just want a hug and wanted 419 00:24:19,640 --> 00:24:21,560 Speaker 4: to have a little bit of contact with us and 420 00:24:22,080 --> 00:24:25,520 Speaker 4: tell us that he loved us and how much he 421 00:24:25,640 --> 00:24:27,840 Speaker 4: appreciated us, you know, coming there. 422 00:24:28,400 --> 00:24:30,760 Speaker 1: Ron says, particularly his parents. 423 00:24:30,600 --> 00:24:34,359 Speaker 4: They were troopers, I mean driving you know, five six 424 00:24:34,440 --> 00:24:39,080 Speaker 4: hours one way, you know, and over years and years 425 00:24:39,119 --> 00:24:42,600 Speaker 4: they did that to support Tom and be there for 426 00:24:43,160 --> 00:24:47,440 Speaker 4: all of us. Really, if I could make a trip, 427 00:24:47,480 --> 00:24:49,840 Speaker 4: they would help pay for the expenses to make sure 428 00:24:49,880 --> 00:24:53,359 Speaker 4: that we could go visit Tom. And you know, it 429 00:24:53,400 --> 00:24:55,120 Speaker 4: was just it was hard. It was hard to see 430 00:24:55,160 --> 00:25:01,280 Speaker 4: him in those circumstances. But he always had such a 431 00:25:01,280 --> 00:25:04,200 Speaker 4: a great spirit about him when we'd go visit him 432 00:25:04,280 --> 00:25:06,159 Speaker 4: or when we talked to him on the phone, that 433 00:25:06,880 --> 00:25:09,440 Speaker 4: I'm like, how could this guy be going through everything 434 00:25:09,480 --> 00:25:13,320 Speaker 4: he's gone through and still had this a type of 435 00:25:13,320 --> 00:25:18,240 Speaker 4: attitude and the spirit. That was probably the thing that 436 00:25:20,240 --> 00:25:22,520 Speaker 4: you know, made us want to go visit him, even 437 00:25:22,560 --> 00:25:24,520 Speaker 4: though it wasn't a very fun place to visit. 438 00:25:26,000 --> 00:25:28,359 Speaker 1: But Tom was putting on a face. He says, he 439 00:25:28,359 --> 00:25:32,160 Speaker 1: didn't want his family, especially the boys worrying about him. 440 00:25:33,520 --> 00:25:39,360 Speaker 3: I actually had two instances where I was wanting to check. 441 00:25:39,160 --> 00:25:48,320 Speaker 9: Out, just couldn't couldn't take it anymore, and was severely 442 00:25:48,800 --> 00:25:49,960 Speaker 9: depressed by it all. 443 00:25:50,280 --> 00:25:50,680 Speaker 2: For sure. 444 00:25:51,280 --> 00:25:57,240 Speaker 3: I put a canteen bag rope over electrical conduit in 445 00:25:57,320 --> 00:25:59,480 Speaker 3: my cell and still water and tried and woke up. 446 00:26:00,320 --> 00:26:04,159 Speaker 3: The sharpness of the metal above the conduit cut it, 447 00:26:04,200 --> 00:26:07,719 Speaker 3: and I woke up unconscious with what remained of my 448 00:26:09,400 --> 00:26:14,840 Speaker 3: a tamthrope around my neck near the toilet in myself. 449 00:26:15,680 --> 00:26:16,560 Speaker 1: Your boys know that. 450 00:26:18,080 --> 00:26:18,760 Speaker 2: I don't think so. 451 00:26:19,160 --> 00:26:20,480 Speaker 1: They're gonna know now. 452 00:26:20,960 --> 00:26:23,800 Speaker 3: I'm not proud proud of that fact, and I don't 453 00:26:23,800 --> 00:26:27,200 Speaker 3: want them to think that I, you know, was taking 454 00:26:27,320 --> 00:26:29,400 Speaker 3: the cower's way out. I was just in a dark 455 00:26:29,440 --> 00:26:36,160 Speaker 3: place and was missing them and my family so much. 456 00:26:36,680 --> 00:26:39,360 Speaker 1: But Tom decided he wasn't going to let depression win. 457 00:26:39,720 --> 00:26:41,760 Speaker 1: I want to ask you about the dog program. That 458 00:26:41,920 --> 00:26:44,800 Speaker 1: was something you credited to kind of saving you in there. 459 00:26:45,000 --> 00:26:47,160 Speaker 2: Yeah. 460 00:26:46,119 --> 00:26:50,920 Speaker 3: I worked as a mental health mentor, and after your 461 00:26:51,080 --> 00:26:54,560 Speaker 3: seg free there a year, I had the opportunity to 462 00:26:54,600 --> 00:26:59,679 Speaker 3: get in the dog program. I mainly worked with large 463 00:26:59,680 --> 00:27:02,439 Speaker 3: male pit bulls and some small pit bulls. 464 00:27:02,560 --> 00:27:03,560 Speaker 2: Yeah, mine too. 465 00:27:03,760 --> 00:27:07,959 Speaker 3: You know, seventy eighty pound big pit bulls were just 466 00:27:08,359 --> 00:27:12,160 Speaker 3: so wonderful for my soul. While I was helping them 467 00:27:12,200 --> 00:27:22,359 Speaker 3: become adopted, I was enjoying the pleasure of training them, 468 00:27:22,600 --> 00:27:24,800 Speaker 3: and they got good homes and I got to have 469 00:27:24,840 --> 00:27:26,000 Speaker 3: a dog and myself. 470 00:27:26,680 --> 00:27:28,000 Speaker 6: So yeah, beat that. 471 00:27:28,000 --> 00:27:29,040 Speaker 2: That's good medicine. 472 00:27:31,400 --> 00:27:35,480 Speaker 1: Tom also started fighting again, but this time for his innocence. 473 00:27:35,880 --> 00:27:39,239 Speaker 8: Tom wrote to us a long time ago, more than 474 00:27:39,240 --> 00:27:41,280 Speaker 8: a decade ago, asking for our assistance. 475 00:27:41,800 --> 00:27:44,360 Speaker 1: Jim says when he and the Great North Innocence Project 476 00:27:44,400 --> 00:27:48,040 Speaker 1: started looking at Tom's case, something big stood out. 477 00:27:48,280 --> 00:27:52,400 Speaker 8: Doctor Lindsay Thomas, who was a medical examiner forensic pathologist 478 00:27:52,400 --> 00:27:56,120 Speaker 8: who testified at Tom's trial, was always convinced and remains 479 00:27:56,119 --> 00:27:58,720 Speaker 8: convinced to this day that Tom was innocent and that 480 00:27:58,800 --> 00:28:02,600 Speaker 8: the testimony against him at his trial, the forensic testimony, 481 00:28:02,680 --> 00:28:05,200 Speaker 8: was totally off base, and so she was a big 482 00:28:05,280 --> 00:28:09,040 Speaker 8: champion of Tom's from the beginning and convincing us that 483 00:28:09,119 --> 00:28:11,240 Speaker 8: his case was worth the look and something we needed 484 00:28:11,280 --> 00:28:12,080 Speaker 8: to be involved in. 485 00:28:12,520 --> 00:28:14,600 Speaker 1: But they had a big challenge the. 486 00:28:14,640 --> 00:28:18,200 Speaker 8: Way Minnesota law works in these cases. Once it's been 487 00:28:18,240 --> 00:28:21,600 Speaker 8: over two years since your conviction's final you can't even 488 00:28:21,600 --> 00:28:24,560 Speaker 8: get into court to present your new evidence unless you 489 00:28:24,600 --> 00:28:27,920 Speaker 8: can satisfy the court that it proves your innocence by 490 00:28:28,000 --> 00:28:31,040 Speaker 8: clear and convincing evidence. Now, how are you going to 491 00:28:31,119 --> 00:28:34,440 Speaker 8: do that? In Tom's case, where it's an entirely circumstantial case, 492 00:28:34,800 --> 00:28:37,800 Speaker 8: How can he prove that negative that he didn't cause 493 00:28:37,880 --> 00:28:40,120 Speaker 8: Jane's death. I challenge you to come up with the 494 00:28:40,120 --> 00:28:42,000 Speaker 8: evidence it's going to prove it. He's not going to 495 00:28:42,000 --> 00:28:44,560 Speaker 8: have DNA evidence. He's not going to show that somebody 496 00:28:44,600 --> 00:28:47,320 Speaker 8: else did it. The point is that no crime occurred 497 00:28:47,440 --> 00:28:49,360 Speaker 8: at all. 498 00:28:49,560 --> 00:28:54,360 Speaker 1: The years passed and Tom filed multiple post conviction reliefs, 499 00:28:55,200 --> 00:29:08,520 Speaker 1: all were denied. Tom's father passed in twenty fourteen, and 500 00:29:08,560 --> 00:29:11,440 Speaker 1: within a year his mom got really sick. 501 00:29:11,920 --> 00:29:14,200 Speaker 4: The nursing home didn't want us to take her out 502 00:29:14,320 --> 00:29:19,000 Speaker 4: to go visit Tom, and they said no. She has 503 00:29:19,040 --> 00:29:21,960 Speaker 4: a hard time swallowing food and different things. She was 504 00:29:22,000 --> 00:29:25,000 Speaker 4: so frail. She weighed about ninety pounds. She just felt 505 00:29:25,040 --> 00:29:31,120 Speaker 4: like skin and bones. But she was determined that she 506 00:29:31,240 --> 00:29:32,440 Speaker 4: wanted to go see my brother. 507 00:29:33,040 --> 00:29:34,920 Speaker 1: So Ron took his mom to see Tom. 508 00:29:35,040 --> 00:29:37,040 Speaker 4: It was the last time he ever saw my mom. 509 00:29:37,240 --> 00:29:40,040 Speaker 1: Both of Tom's parents died while he was still in prison. 510 00:29:40,560 --> 00:29:45,360 Speaker 4: Was super hard. Knowing, you know, how hard they fought 511 00:29:45,480 --> 00:29:50,800 Speaker 4: to free Tom, and how amazing they were at supporting 512 00:29:52,280 --> 00:29:54,720 Speaker 4: all of our family and just you know, being so 513 00:29:55,400 --> 00:30:01,360 Speaker 4: strong to help us get through things was tragic. 514 00:30:02,320 --> 00:30:09,400 Speaker 10: Yeah, all right, hello everyone, My name's Keith Ellison. I'm 515 00:30:09,480 --> 00:30:12,400 Speaker 10: the Attorney General for the state of Minnesota. 516 00:30:12,480 --> 00:30:16,080 Speaker 1: Finally, in twenty twenty one, the Minnesota Conviction Review Unit 517 00:30:16,240 --> 00:30:19,440 Speaker 1: was established as a partnership between the Great North Innocence 518 00:30:19,480 --> 00:30:22,200 Speaker 1: Project and the Minnesota Attorney General's Office. 519 00:30:22,240 --> 00:30:26,440 Speaker 10: Every criminal case has room for error because the justice 520 00:30:26,480 --> 00:30:31,160 Speaker 10: system is run by human beings, and human beings make mistakes, 521 00:30:31,840 --> 00:30:35,840 Speaker 10: do the wrong thing, and don't always get it right. 522 00:30:36,680 --> 00:30:39,959 Speaker 1: Tom's case was selected to be reinvestigated. 523 00:30:40,880 --> 00:30:44,240 Speaker 8: We ended up with nine expert opinions. Nine of them 524 00:30:44,360 --> 00:30:47,560 Speaker 8: all said doctor McGee was wrong. They would never call 525 00:30:47,600 --> 00:30:51,480 Speaker 8: this a homicide. We got the who's who of forensic 526 00:30:51,520 --> 00:30:56,120 Speaker 8: pathologists with specific expertise in drowning. We came forward with 527 00:30:56,200 --> 00:31:00,120 Speaker 8: new evidence from new studies from recent years about the 528 00:31:00,120 --> 00:31:03,840 Speaker 8: physical findings you would expect to see in accidental drowning victims, 529 00:31:03,880 --> 00:31:07,600 Speaker 8: which mapped on perfectly to what you saw in Jane's case. 530 00:31:07,880 --> 00:31:10,760 Speaker 1: They all concluded that she was not struck multiple times 531 00:31:10,760 --> 00:31:13,360 Speaker 1: with the boat. They found she was likely knocked out 532 00:31:13,440 --> 00:31:16,080 Speaker 1: by a single blow when she fell out of the boat, 533 00:31:16,560 --> 00:31:20,600 Speaker 1: or when the boat unintentionally hit her as Tom searched 534 00:31:20,640 --> 00:31:26,040 Speaker 1: for her, an accidental drowning. Like Tom said, Jim says 535 00:31:26,040 --> 00:31:28,920 Speaker 1: that doctor McGee wasn't using science when he made his 536 00:31:29,000 --> 00:31:33,480 Speaker 1: homicide determination. He was working backwards from the police suspicions 537 00:31:33,880 --> 00:31:35,400 Speaker 1: to make his findings fit. 538 00:31:35,800 --> 00:31:39,320 Speaker 8: Totally unmoored from the way medical examiners should be doing 539 00:31:39,360 --> 00:31:39,880 Speaker 8: their job. 540 00:31:39,960 --> 00:31:43,560 Speaker 1: And McGee has a reputation, now, am I correct? 541 00:31:43,680 --> 00:31:47,160 Speaker 8: He does. A federal judge had actually found that McGee 542 00:31:47,200 --> 00:31:51,479 Speaker 8: had given misleading testimony in that case and noted the 543 00:31:51,480 --> 00:31:55,680 Speaker 8: fact that doctor McGee had a troubling pattern of providing 544 00:31:55,760 --> 00:31:59,680 Speaker 8: false or inaccurate testimony in court. And I'll even say, 545 00:31:59,680 --> 00:32:02,400 Speaker 8: for our organization, Great North Inistan's project, we are not 546 00:32:02,520 --> 00:32:06,960 Speaker 8: a large organization, but we've gotten three convictions vacated where 547 00:32:07,000 --> 00:32:09,880 Speaker 8: doctor McGee was the medical examiner who did the autopsy 548 00:32:09,880 --> 00:32:11,360 Speaker 8: and testified in their cases. 549 00:32:11,600 --> 00:32:16,960 Speaker 1: The investigation also uncovered a Brady violation. The prosecution withheld 550 00:32:17,000 --> 00:32:20,240 Speaker 1: a memo of a conversation with doctor McGee in which 551 00:32:20,240 --> 00:32:24,000 Speaker 1: he admits he's unsure if Jane was struck once or 552 00:32:24,120 --> 00:32:25,120 Speaker 1: multiple times. 553 00:32:25,200 --> 00:32:27,280 Speaker 8: This was totally different from what the state ends up 554 00:32:27,360 --> 00:32:31,040 Speaker 8: arguing at trial, which is this is premeditated murder because 555 00:32:31,080 --> 00:32:33,560 Speaker 8: we know she was struck multiple times. 556 00:32:33,840 --> 00:32:39,440 Speaker 1: Totally inconsistent with what doctor McGee had said earlier. After 557 00:32:39,480 --> 00:32:43,200 Speaker 1: twenty five years in prison, on January thirteenth, twenty twenty three, 558 00:32:43,720 --> 00:32:49,440 Speaker 1: a district court judge vacated Thomas Rhodes's murder conviction. However, 559 00:32:49,800 --> 00:32:53,080 Speaker 1: Tom is still a convicted felon. He agreed to an 560 00:32:53,120 --> 00:32:57,360 Speaker 1: Alfred plea for a lesser manslaughter conviction for driving with negligence. 561 00:32:58,040 --> 00:33:01,480 Speaker 1: The Alfred plea allowed Tom to maintain his innocence but 562 00:33:01,560 --> 00:33:05,000 Speaker 1: get out of prison right away, and at his age, 563 00:33:05,160 --> 00:33:10,080 Speaker 1: missing so much of his children's and now grandchildren's. 564 00:33:09,400 --> 00:33:12,239 Speaker 8: Life, he did what anyone in his situation would do 565 00:33:12,320 --> 00:33:14,280 Speaker 8: and he took the deal that was offered to him. 566 00:33:14,640 --> 00:33:16,320 Speaker 1: And that's why it still comes up on the record. 567 00:33:16,680 --> 00:33:18,479 Speaker 8: That will still come up on a record because it's 568 00:33:18,480 --> 00:33:24,320 Speaker 8: a felony conviction. Right for now, to working on that, 569 00:33:24,880 --> 00:33:27,080 Speaker 8: we'll see what happens. 570 00:33:27,120 --> 00:33:32,800 Speaker 1: Sneaky Tom was the first person released under the partnership 571 00:33:32,880 --> 00:33:36,000 Speaker 1: with the Minnesota Conviction Review Unit and the Great North 572 00:33:36,040 --> 00:33:37,920 Speaker 1: Innocence Project. 573 00:33:37,520 --> 00:33:39,960 Speaker 4: Was unbelievable to see him finally be able to walk 574 00:33:40,000 --> 00:33:43,960 Speaker 4: through those doors. Sorry to be a little sappy here, 575 00:33:44,320 --> 00:33:47,720 Speaker 4: it's a lot thinking back of all the things that 576 00:33:48,240 --> 00:33:53,480 Speaker 4: our family went through, all the things that Tom went through. 577 00:33:53,520 --> 00:33:56,000 Speaker 4: It's just it's hard. It's hard to relive that. 578 00:33:57,120 --> 00:34:03,360 Speaker 2: It was awesome. It was surreal. I just I couldn't 579 00:34:03,400 --> 00:34:05,040 Speaker 2: believe it. I was very emotional. 580 00:34:05,720 --> 00:34:06,440 Speaker 8: All of us were. 581 00:34:06,520 --> 00:34:08,279 Speaker 1: Jim, you've just been crying over there. 582 00:34:08,400 --> 00:34:11,360 Speaker 8: Yeah, don't look at me like is he sweating or 583 00:34:11,440 --> 00:34:17,279 Speaker 8: is it tears? This guy gets every time. He's the 584 00:34:17,320 --> 00:34:19,160 Speaker 8: worst tissues. 585 00:34:20,080 --> 00:34:22,759 Speaker 2: I didn't realize I was going to get this emotional. 586 00:34:23,800 --> 00:34:26,799 Speaker 3: Jim and the people at the Innisen's Project had been 587 00:34:26,800 --> 00:34:30,080 Speaker 3: there for me in ways I could have never imagined. 588 00:34:30,520 --> 00:34:32,880 Speaker 1: While Tom was in prison, he took up art to 589 00:34:33,000 --> 00:34:33,680 Speaker 1: help survive. 590 00:34:33,920 --> 00:34:36,560 Speaker 3: I had about two hundred and fifty paintings. I painted 591 00:34:36,680 --> 00:34:42,520 Speaker 3: places like the favorite road in the country, to where 592 00:34:42,520 --> 00:34:46,880 Speaker 3: we mushroom hunted as a little boy, to things I 593 00:34:46,920 --> 00:34:53,560 Speaker 3: did with my sons and and our life animals, a 594 00:34:53,600 --> 00:34:55,080 Speaker 3: lot of animal art. 595 00:34:55,440 --> 00:34:58,120 Speaker 1: Jim and folks of the Great North Innocence Project thought 596 00:34:58,560 --> 00:35:00,560 Speaker 1: since Tom has struggled to find it job with his 597 00:35:00,600 --> 00:35:01,759 Speaker 1: felony conviction. 598 00:35:02,280 --> 00:35:07,440 Speaker 3: And unlike the greedy person they portrayed, did not spend 599 00:35:07,600 --> 00:35:11,120 Speaker 3: any money from my house, from any of my assets. 600 00:35:11,200 --> 00:35:13,440 Speaker 3: I put it in a trust for my son's education. 601 00:35:13,640 --> 00:35:16,480 Speaker 3: Make sure that they got an education, and we're taken 602 00:35:16,520 --> 00:35:16,840 Speaker 3: care of. 603 00:35:17,760 --> 00:35:21,000 Speaker 1: Why not get Tom's art out of storage and sell it. 604 00:35:21,040 --> 00:35:26,120 Speaker 3: They helped me put a business together called Thomas D. Galleries, 605 00:35:26,920 --> 00:35:33,120 Speaker 3: and I'm selling prints and originals and I'm been taking 606 00:35:33,160 --> 00:35:38,839 Speaker 3: pictures of some animals and looking forward to maybe doing 607 00:35:38,880 --> 00:35:42,440 Speaker 3: some commissions of people's pets and stuff as well. 608 00:35:42,480 --> 00:35:45,799 Speaker 1: Tom struggles with PTSD from his time in prison, but 609 00:35:45,880 --> 00:35:49,640 Speaker 1: after almost two years of freedom, he's feeling better adjusted. 610 00:35:49,719 --> 00:35:52,359 Speaker 3: I can really enjoy this freedom where I went through 611 00:35:52,400 --> 00:35:56,880 Speaker 3: a lot this last for the first year. But I 612 00:35:56,920 --> 00:35:59,560 Speaker 3: just want to credit, you know, people that have been 613 00:36:00,040 --> 00:36:04,080 Speaker 3: there for me, like the Great North Innisance Project, my son's, 614 00:36:05,200 --> 00:36:11,120 Speaker 3: my friends, and I have six grandkids and I'm just 615 00:36:11,320 --> 00:36:15,239 Speaker 3: loving that I can have a relationship with them outside 616 00:36:15,239 --> 00:36:16,760 Speaker 3: of a prison visit room. 617 00:36:17,440 --> 00:36:20,880 Speaker 1: And Tom is especially just loving being free. 618 00:36:21,200 --> 00:36:23,560 Speaker 3: One of my biggest toys is just being able to 619 00:36:23,600 --> 00:36:27,000 Speaker 3: hop in my truck, my old truck, and just go 620 00:36:27,120 --> 00:36:31,440 Speaker 3: someplace when I want to, you know, not having limitations. 621 00:36:40,800 --> 00:36:43,320 Speaker 1: Thank you for listening to Wrongful Conviction with Maggie Freeling. 622 00:36:43,520 --> 00:36:46,600 Speaker 1: Please support your local innocence organizations and go to the 623 00:36:46,640 --> 00:36:49,280 Speaker 1: links in the episode description to see how you can help. 624 00:36:49,600 --> 00:36:53,759 Speaker 1: And please consider checking out Tom's gallery Thomas D. Galleries 625 00:36:53,800 --> 00:36:56,960 Speaker 1: to support him in his transition to freedom. Go to 626 00:36:57,040 --> 00:37:00,520 Speaker 1: Thomas D. Galleries dot com or check out the link 627 00:37:00,560 --> 00:37:03,799 Speaker 1: in our episode description. This episode was written by me 628 00:37:04,000 --> 00:37:07,160 Speaker 1: Maggie Freeling, with story editing and sound designed by senior 629 00:37:07,200 --> 00:37:11,480 Speaker 1: producer Rebecca Ibata. Our producer is Kathleen Fink. Our researcher 630 00:37:11,560 --> 00:37:14,960 Speaker 1: is Shelby Sorels, with mixing by Josh Allen and additional 631 00:37:14,960 --> 00:37:18,720 Speaker 1: production help by Jeff Cliburn and Connor Hall. Executive producers 632 00:37:18,760 --> 00:37:22,120 Speaker 1: are Jason Flamm, Jeff Kempler, and Kevin Wortis. The music 633 00:37:22,239 --> 00:37:25,799 Speaker 1: is by three time OSCAR nominated composer Jay Ralph. Make 634 00:37:25,840 --> 00:37:28,359 Speaker 1: sure to follow us on all social media platforms at 635 00:37:28,440 --> 00:37:31,480 Speaker 1: Lava for Good and at Wrongful Conviction. You can also 636 00:37:31,600 --> 00:37:35,360 Speaker 1: follow me on all platforms at Maggie Freeling Wrongful Conviction 637 00:37:35,480 --> 00:37:37,879 Speaker 1: with Maggie Freeling is a production of Lava for Good 638 00:37:37,920 --> 00:37:41,799 Speaker 1: Podcasts in association with Signal Company Number One. And a 639 00:37:41,800 --> 00:37:44,839 Speaker 1: note on programming, We're taking Monday off next week and 640 00:37:44,920 --> 00:37:48,120 Speaker 1: re airing an interview between Jason Flamm and Keith Washington 641 00:37:48,520 --> 00:37:57,600 Speaker 1: in honor of Veterans Day.