WEBVTT - #442 Maggie Freleng with Amer Zada

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<v Speaker 1>Early on the morning of June fifteenth, nineteen seventy nine,

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<v Speaker 1>Amir Zeta was driving home from partying with friends when

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<v Speaker 1>his car got stuck in an embankment down near the

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<v Speaker 1>Hudson River waterfront in Nyak, New York. Amir called a

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<v Speaker 1>friend from a payphone to help him secure a tow truck.

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<v Speaker 1>While he waited in the darkened parking lot of a

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<v Speaker 1>nearby restaurant, he heard a strange noise coming from behind

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<v Speaker 1>a dumpster.

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<v Speaker 2>It was a growl, like a gruff, growling noise. I

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<v Speaker 2>didn't want to go in the corner, but at the

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<v Speaker 2>same time I was saying, like, well, whatever is going

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<v Speaker 2>on over there, Like, you know, don't be a punk,

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<v Speaker 2>go over there and check it out.

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<v Speaker 1>What he saw there shocked and terrified him. But before

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<v Speaker 1>he could react, police cars were on the scene, sirens blaring.

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<v Speaker 2>Two police officers dow me down. He handcuffed me behind

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<v Speaker 2>my back, searched me, and then they put me in

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<v Speaker 2>a back at a car just that quick.

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<v Speaker 1>Amir was arrested and charged with sexual assaults and the

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<v Speaker 1>brutal murder of a young local woman, Shirley Smith. The

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<v Speaker 1>woman he had found lying behind a dumpster covered in

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<v Speaker 1>blood and had tried to help.

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<v Speaker 2>My name is Emir Zeta. I did forty one years

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<v Speaker 2>in prison for a crime that I didn't.

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<v Speaker 3>Commit from Lava for good.

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<v Speaker 1>This is wrongful conviction with Maggie Freeling today Amir Zeta.

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<v Speaker 2>I'm an Arab American. I was born in Nyak Hospital

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<v Speaker 2>in Rockley County, New York.

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<v Speaker 1>Amir Zeta was born in nineteen sixty one into a large,

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<v Speaker 1>loving family.

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<v Speaker 2>My mother and father are from Jordan. They immigrated to

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<v Speaker 2>the United States in nineteen fifty eight. At the time,

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<v Speaker 2>it was my eldest brother, Nasar, eldest sister in the Zira,

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<v Speaker 2>and the two twins, Samir and Samir who was my

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<v Speaker 2>next oldest, and then myself from the baby of the family.

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<v Speaker 1>Growing up, Amir didn't feel any different from the other

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<v Speaker 1>kids at school, but when he was five or six

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<v Speaker 1>years old, something happened changed the way others saw his

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<v Speaker 1>family and the way he felt about himself.

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<v Speaker 2>My father got a dispute with a neighbor over property.

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<v Speaker 2>Apparently my father didn't speak English at will, and they

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<v Speaker 2>ended up calling a police officer. The police officer ended

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<v Speaker 2>up getting a glass cut on the back of his hand.

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<v Speaker 2>But at the time they maintained that he had been

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<v Speaker 2>shot by my father. It wasn't the case. But I

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<v Speaker 2>still have the memories too of being a six year

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<v Speaker 2>old kid sitting in my father's attempted a murder on

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<v Speaker 2>a police officer's trial, and how it affected me, and

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<v Speaker 2>then how it affected me through my school years from

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<v Speaker 2>that point on, about being called the murder the cop

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<v Speaker 2>killer's son, even though there was no police officer killed

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<v Speaker 2>or even shot.

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<v Speaker 1>The charge against his father was dismissed, but from that

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<v Speaker 1>time on, Amir says his family was treated differently by

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<v Speaker 1>the police.

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<v Speaker 2>They started going after my family in a methodical manner,

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<v Speaker 2>for my eldest brother, then my next brother, and me.

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<v Speaker 2>My eldest sister left out of the county. She seen

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<v Speaker 2>the writing on the wall and she took off. She

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<v Speaker 2>got married and left the county.

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<v Speaker 1>Amir's other sister, Samira, was deported to the Middle East

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<v Speaker 1>and later died from a medical issue that Amir beliefs

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<v Speaker 1>could have been.

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<v Speaker 3>Easily treated in the United States.

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<v Speaker 1>His brother Samir ended up serving nearly forty two years

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<v Speaker 1>in prison and was also deported upon his release. Despite

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<v Speaker 1>his family's troubles, Amir found a bright spot in all

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<v Speaker 1>of this darkness.

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<v Speaker 4>I knew a mirror from the time I was like

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<v Speaker 4>in grammar school, and I always knew Amir had a

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<v Speaker 4>crush on me.

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<v Speaker 2>So we were like, what maybe twelve years old.

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<v Speaker 1>This is Bonnie McKenna, But when Amir met her in

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<v Speaker 1>seventh grade, she was Bonnie Stalter.

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<v Speaker 2>We shared an art class, I believe, in a music

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<v Speaker 2>class at the school. I used to always sit at

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<v Speaker 2>the table with her in the class, and you know,

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<v Speaker 2>spend more time paying attention to her than I was

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<v Speaker 2>to class. And then one day I took a chance

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<v Speaker 2>and I walked up to her when we were at

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<v Speaker 2>the lockers.

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<v Speaker 4>And he's like Bonnie Sue Stalter, and he like just

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<v Speaker 4>takes me and he flings me up against the locker

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<v Speaker 4>and he starts kissing.

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<v Speaker 2>Me, and I kissed her.

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<v Speaker 4>Man, he like stole the kiss from me, his first

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<v Speaker 4>kiss from me, and we have like connected ever since

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<v Speaker 4>that moment on.

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<v Speaker 1>Amir soon went away to military academy, but he never

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<v Speaker 1>forgot that first kiss. A year and a half later,

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<v Speaker 1>he came back to Nayak to register for high school.

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<v Speaker 2>She was the first person I seen she was actually

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<v Speaker 2>outside the school and I still had I was in

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<v Speaker 2>the military academy. I still have my uniform on, and

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<v Speaker 2>she was the first beautiful face that I seen. And

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<v Speaker 2>then from there we just reignited the flame that you

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<v Speaker 2>know has been lit for quite a while. And you know,

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<v Speaker 2>I've always felt like I loved her.

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<v Speaker 4>So I didn't have the perfect life. My life was

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<v Speaker 4>very complicated as a child, and I was a runaway

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<v Speaker 4>and I wound up with mister and missus.

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<v Speaker 1>Zaida Bonnie moved in with a Meher's family when she

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<v Speaker 1>was fifteen. They gave her a stable home, and she

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<v Speaker 1>says his parents treated her like a princess. By then,

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<v Speaker 1>she and Amir were inseparable.

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<v Speaker 4>He was the most generallest, kindest person I ever met,

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<v Speaker 4>and we had a good time together. You know, in

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<v Speaker 4>the seventies, we were just popping around, you know, being

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<v Speaker 4>kids having a good time.

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<v Speaker 1>But those good times would soon come to an end,

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<v Speaker 1>and Amir's troubles that the police were about to begin.

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<v Speaker 5>He was seventeen years old in June of nineteen seventy nine,

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<v Speaker 5>and the night that this crime happened, he and his

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<v Speaker 5>friends went out drinking and partying. You know, they were

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<v Speaker 5>out all night.

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<v Speaker 1>This is Arthur Larkin of the law firm Hale and Monico,

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<v Speaker 1>Amir's post conviction attorney.

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<v Speaker 5>And the last five years I'm representing plaintiffs in civil

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<v Speaker 5>rights cases, including people like Amir Zeta who've been wrongfully

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<v Speaker 5>convicted of crimes and are seeking to overturn their convictions.

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<v Speaker 1>So, Arthur, can you walk us through what happened that

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<v Speaker 1>night June fifteenth, nineteen seventy nine.

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<v Speaker 5>Emir was driving. He admits he was drinking. He actually

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<v Speaker 5>he bought Kayludes at Joseph Flente's Deli. He bought a

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<v Speaker 5>couple of magazines and he bought kayludes. So, as the

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<v Speaker 5>knight's coming to a close, he's driving around the town.

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<v Speaker 5>After he dropped all his friends off and he starts

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<v Speaker 5>driving home. He took a right turn down I believe

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<v Speaker 5>it's Gedney Street, and he turned off the street onto

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<v Speaker 5>a sort of a dirt area, an embankment adjacent to

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<v Speaker 5>the wind Jammer parking lot, and his car got stuck.

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<v Speaker 1>The Windjammer restaurant was located at the foot of Main

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<v Speaker 1>Street on the Hudson River waterfront. After trying unsuccessfully to

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<v Speaker 1>free his car from the embankment, Amir walked to a

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<v Speaker 1>phone booth and called his friend John Nash to tell

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<v Speaker 1>him he needed a tow truck. John offered to call

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<v Speaker 1>around looking for one, and after making a couple of calls,

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<v Speaker 1>he left to pick a mirror.

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<v Speaker 5>Up and Amir had told him in the phone call.

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<v Speaker 5>Amir had said, listen, just meet me at the in

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<v Speaker 5>the Windjammer parking lot. That's where my car is. It's adjacent.

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<v Speaker 5>After a Mer hangs up the phone, he goes down

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<v Speaker 5>back to his car. He tries to drive it again.

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<v Speaker 5>He can't. He wanders down to the parking lot and

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<v Speaker 5>as he's walking through the parking lot, he hears a sound.

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<v Speaker 2>It was a growl, like a gruff growling noise. I

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<v Speaker 2>was reluctant to actually even walk into that area because

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<v Speaker 2>it was dark. It was completely pitch black. There was

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<v Speaker 2>a garbage dumpster there, the trees were hanging over the top.

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<v Speaker 2>I had fear. I didn't want to go in the corner,

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<v Speaker 2>but at the same time, I was saying, like, well,

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<v Speaker 2>whatever is going on over there, Like, you know, don't

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<v Speaker 2>be a punk over there and check it out. I

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<v Speaker 2>approached slowly, and when I first looked, I seeing that

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<v Speaker 2>there was something at the dumpster, but I didn't. I

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<v Speaker 2>wasn't sure what it was.

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<v Speaker 1>A young woman was lying face down behind the dumpster,

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<v Speaker 1>her clothes and shreds. She was nearly naked and had

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<v Speaker 1>been stabbed multiple times.

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<v Speaker 5>He leans over and he tries to lift her up.

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<v Speaker 5>Oh my god, you know are you okay?

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<v Speaker 2>That's when I noticed, you know who that was?

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<v Speaker 3>The woman was seventeen year old Shirley Smith.

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<v Speaker 1>Amir recognized her because he'd gone to school with her cousin,

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<v Speaker 1>but he didn't know Shirley well.

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<v Speaker 2>By the time I had stepped up, discovered the victim

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<v Speaker 2>and attempted to try to help her, to you know,

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<v Speaker 2>give her assistance. I heard the my police car pulling

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<v Speaker 2>down the street.

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<v Speaker 5>Amir looks up. He sees a police car. He's standing

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<v Speaker 5>over a body. His family has had trouble with the

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<v Speaker 5>police before. Okay, so Amir immediately runs. He scared and

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<v Speaker 5>he runs.

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<v Speaker 1>Officers John McCorry and James Thurston were the first ones

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<v Speaker 1>on the scene. When they spotted a mirror crouch next

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<v Speaker 1>to the body. They immediately ran for him.

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<v Speaker 2>The two police officers threw me down. He hand cuffed

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<v Speaker 2>me behind my back, took me threw me over the

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<v Speaker 2>back of the police car, searched me, took everything out

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<v Speaker 2>of my pockets and put it in a police officer's hat,

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<v Speaker 2>and then they put me in the back of the

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<v Speaker 2>car just that quick.

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<v Speaker 1>And that's so fast, I mean, did you even register

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<v Speaker 1>what was happening at that point?

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<v Speaker 2>I knew something was wrong, it was someone there, but

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<v Speaker 2>I didn't realize the extent as far as my involvement.

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<v Speaker 2>I just walked up on it just that quick.

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<v Speaker 5>They put him in the backseat of the car and

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<v Speaker 5>they go to the victim and they try to revive her.

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<v Speaker 5>The victim is very bloody and they're trying to you know,

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<v Speaker 5>they're trying to do CPR, but she's pronounced dead at

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<v Speaker 5>the scene.

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<v Speaker 1>Unfortunately, at that point another officer, Michael Roman, had arrived.

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<v Speaker 1>The policeman put a mirror back out of the car,

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<v Speaker 1>patrol car number three eighty three, to frisk him.

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<v Speaker 5>Now keep in mind, they've been touching the victim's body,

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<v Speaker 5>so their hands are bloody, they weren't wearing gloves, and

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<v Speaker 5>they don't find a murder weapon on a mirror there.

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<v Speaker 2>You took me up in the troll car. They transported

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<v Speaker 2>me up to my police station, and then later on

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<v Speaker 2>that morning I went before I believe it was Judge

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<v Speaker 2>mccar thing, and he arrayed me without bail and charged

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<v Speaker 2>me with second year murder and remanded me to the

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<v Speaker 2>Rockland County Jail.

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<v Speaker 1>You're listening to Wrongful Conviction with Maggie Freeling. You can

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<v Speaker 1>listen to this and all the Lava for Good podcasts

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<v Speaker 1>for Good Plus on Apple Podcasts.

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<v Speaker 2>I honestly believed that the truth would come out. I

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<v Speaker 2>really I did not realize the extent that they were

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<v Speaker 2>going to go to to make me look guilty.

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<v Speaker 3>So Arthur Shirley Smith's body has been found.

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<v Speaker 1>She's apparently been sexually assaulted and stabbed to death, but

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<v Speaker 1>no weapon has recovered and a mirror is the number

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<v Speaker 1>one suspect. So can you tell us about the investigation

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<v Speaker 1>that followed? What did police report say?

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<v Speaker 5>The police's version of events is that they pulled into

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<v Speaker 5>the parking lot after they received a call about screams

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<v Speaker 5>and dogs barking in the vicinity of the Windjama parking lot.

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<v Speaker 5>They say that when they got to the scene, they

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<v Speaker 5>saw a pair of legs protruding from behind a dumpster

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<v Speaker 5>with the underwear and pants down, and they said that

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<v Speaker 5>pair of legs was Amir Zeta's and that Amir was

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<v Speaker 5>trying to sexually assault the victim.

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<v Speaker 1>Officers McCord and Thurston claimed that when they came upon

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<v Speaker 1>a mirror, he wasn't wearing a shirt, and that as

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<v Speaker 1>they chased him, his pants were falling down. They said

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<v Speaker 1>that when they cuffed him and put him in the car,

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<v Speaker 1>his pants were still down.

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<v Speaker 5>And after they had attended to the victim and they

0:13:18.600 --> 0:13:21.320
<v Speaker 5>opened the police car door to try to frisk them,

0:13:21.559 --> 0:13:25.760
<v Speaker 5>his pants were miraculously pulled up and zipped up. Okay,

0:13:26.240 --> 0:13:29.600
<v Speaker 5>so they frisk a mirror and they find no murder weapon. Nothing.

0:13:29.840 --> 0:13:34.160
<v Speaker 5>There's some blood on his underwear, the back of his underwear,

0:13:34.440 --> 0:13:37.520
<v Speaker 5>there's some blood in his front pants pocket, and there's

0:13:37.559 --> 0:13:40.120
<v Speaker 5>a marijuana cigarette that they say they found in his

0:13:40.240 --> 0:13:43.880
<v Speaker 5>pocket with blood on it. Later tests show that that

0:13:43.960 --> 0:13:48.560
<v Speaker 5>blood matches the victim's blood. Now, no murder weapon was

0:13:48.640 --> 0:13:49.840
<v Speaker 5>ever found at the scene.

0:13:54.000 --> 0:13:57.960
<v Speaker 1>Divers searched the nearby Hudson River, and detectives scoured the

0:13:57.960 --> 0:14:01.720
<v Speaker 1>Windjammer parking lot, but no murder weapon was ever found.

0:14:02.400 --> 0:14:06.200
<v Speaker 1>Two days later, another officer, Douglas McDonald, was driving the

0:14:06.240 --> 0:14:10.880
<v Speaker 1>same patrol car number three eighty three, as McDonald later testified,

0:14:11.160 --> 0:14:13.960
<v Speaker 1>when he stopped to get gas, he ran into another

0:14:14.040 --> 0:14:17.800
<v Speaker 1>officer who was doing the same and the two started talking.

0:14:18.360 --> 0:14:20.200
<v Speaker 5>Now the crime is on a Friday morning, this is

0:14:20.200 --> 0:14:23.200
<v Speaker 5>now Sunday, and son of a gun. If both officers

0:14:23.240 --> 0:14:26.200
<v Speaker 5>don't look in the backseat of the car and say, oh,

0:14:26.200 --> 0:14:27.680
<v Speaker 5>my goodness, there's a knife.

0:14:28.600 --> 0:14:31.880
<v Speaker 1>Remember, patrol car three point eighty three had been searched

0:14:32.040 --> 0:14:35.000
<v Speaker 1>thoroughly after a mirror was picked up, and no knife

0:14:35.040 --> 0:14:38.360
<v Speaker 1>had been found at the time. But now this knife

0:14:38.360 --> 0:14:41.960
<v Speaker 1>had somehow been discovered in the car's back seat. This

0:14:42.120 --> 0:14:46.120
<v Speaker 1>was before DNA testing was available, but when tested, traces

0:14:46.120 --> 0:14:48.160
<v Speaker 1>of blood found on the knife were shown to be

0:14:48.280 --> 0:14:52.040
<v Speaker 1>consistent with Shirley Smith's genetic profile.

0:14:52.880 --> 0:14:56.200
<v Speaker 5>And the prosecution's theory of trial is that the knife

0:14:56.240 --> 0:14:58.440
<v Speaker 5>was the murder weapon, and that even those hands were

0:14:58.440 --> 0:15:01.560
<v Speaker 5>handcuffed behind his back after the officers put him in

0:15:01.600 --> 0:15:06.240
<v Speaker 5>the car, a meir Zeta had somehow managed to wherever

0:15:06.280 --> 0:15:09.320
<v Speaker 5>he had secreted the knife on his person. He managed

0:15:09.360 --> 0:15:12.320
<v Speaker 5>to extract it, shove it under the seat somehow, and

0:15:13.160 --> 0:15:15.920
<v Speaker 5>pull his pants up all in one shot. Okay.

0:15:16.840 --> 0:15:20.320
<v Speaker 1>There were no fingerprints on the knife, nothing that directly

0:15:20.360 --> 0:15:23.040
<v Speaker 1>connected it to a mirror, and the blood found on

0:15:23.040 --> 0:15:25.840
<v Speaker 1>the knife could very well have gotten there the next day,

0:15:26.240 --> 0:15:29.080
<v Speaker 1>when Detective Arthur Keenan took it to New York City

0:15:29.120 --> 0:15:32.960
<v Speaker 1>for testing along with two vials of the victim's blood.

0:15:33.280 --> 0:15:36.640
<v Speaker 1>But determined to hold onto their prime suspect a mirror,

0:15:37.160 --> 0:15:40.720
<v Speaker 1>the police went looking for a witness to corroborate their theory.

0:15:41.240 --> 0:15:45.680
<v Speaker 5>They went to see Joe Lenti, who was known to

0:15:45.720 --> 0:15:47.960
<v Speaker 5>be a local drug dealer and who had sold a

0:15:48.000 --> 0:15:50.920
<v Speaker 5>mere the queludes and the magazines the night before. Joe

0:15:51.040 --> 0:15:55.720
<v Speaker 5>Lenti says, Yeah, that's very similar to the knife that

0:15:55.840 --> 0:15:57.840
<v Speaker 5>I sold a mer on Thursday night.

0:15:59.200 --> 0:16:04.320
<v Speaker 1>So the main evidence against you, allegedly was this knife.

0:16:05.000 --> 0:16:06.120
<v Speaker 1>Did you buy this knife?

0:16:06.160 --> 0:16:06.920
<v Speaker 3>Was this knife yours?

0:16:08.080 --> 0:16:13.840
<v Speaker 2>I'd had no knife. The knife miss magically appeared.

0:16:15.280 --> 0:16:17.240
<v Speaker 1>The knife the cop said they found in the car

0:16:17.520 --> 0:16:20.680
<v Speaker 1>was a black folding knife with the word leopard on

0:16:20.760 --> 0:16:24.120
<v Speaker 1>the handle. When they went to see Joseph Lenty, they

0:16:24.200 --> 0:16:26.800
<v Speaker 1>didn't show him this exact knife, but one that was

0:16:26.920 --> 0:16:30.040
<v Speaker 1>very similar, a white handled knife with a lion on

0:16:30.080 --> 0:16:33.120
<v Speaker 1>the handle that Detective Keenan had found in a drawer

0:16:33.200 --> 0:16:36.920
<v Speaker 1>at the police station. Joseph Lenty told police that he

0:16:36.960 --> 0:16:39.920
<v Speaker 1>had bought seventeen of these knives at a place called

0:16:39.920 --> 0:16:41.960
<v Speaker 1>the Bronx Terminal Market.

0:16:42.600 --> 0:16:45.080
<v Speaker 5>And that he had sold them all, well, sixteen of them.

0:16:45.520 --> 0:16:48.600
<v Speaker 5>Amir came in the knife before the crime and bought

0:16:48.640 --> 0:16:51.440
<v Speaker 5>the last of them, the seventeenth knife, and he had

0:16:51.680 --> 0:16:54.760
<v Speaker 5>the receipt for fifteen dollars from a mer but that

0:16:54.920 --> 0:16:57.360
<v Speaker 5>was for the kueludes and the magazines. That wasn't for

0:16:57.400 --> 0:16:57.960
<v Speaker 5>a knife.

0:16:58.800 --> 0:17:01.000
<v Speaker 1>Based on this knife that was found in the patrol car,

0:17:01.440 --> 0:17:04.760
<v Speaker 1>the alleged murder weapon which a Mirror had supposedly purchased

0:17:04.760 --> 0:17:07.399
<v Speaker 1>from Joseph Lenty, and the fact that a mirror was

0:17:07.440 --> 0:17:10.600
<v Speaker 1>at the scene when police arrived, A Mirror was charged

0:17:10.680 --> 0:17:15.160
<v Speaker 1>with second degree murder, first degree attempted sodomy, and aggravated

0:17:15.240 --> 0:17:19.720
<v Speaker 1>criminal sexual abuse. His trial was set for six months later.

0:17:21.920 --> 0:17:23.960
<v Speaker 3>So did you always believe in his innocence?

0:17:24.000 --> 0:17:26.760
<v Speaker 1>You know, back then when you guys were kids and

0:17:26.800 --> 0:17:27.680
<v Speaker 1>he gets arrested.

0:17:27.840 --> 0:17:29.520
<v Speaker 3>What were you thinking.

0:17:30.440 --> 0:17:35.399
<v Speaker 4>When that happened? And I heard mama downstairs, and I

0:17:35.480 --> 0:17:39.960
<v Speaker 4>heard her crying and screaming, I never in a thousand

0:17:40.080 --> 0:17:43.840
<v Speaker 4>years thought that he had gotten arrested for such a

0:17:43.840 --> 0:17:48.240
<v Speaker 4>crime or anything of that nature. And I lost a

0:17:48.280 --> 0:17:51.320
<v Speaker 4>lot of friends over that because they were like, Bonnie,

0:17:51.359 --> 0:17:53.960
<v Speaker 4>you know, your life's going to change. I didn't care

0:17:54.040 --> 0:17:57.600
<v Speaker 4>that my life was going to change. I stayed beside him,

0:17:57.760 --> 0:18:00.359
<v Speaker 4>I stuck by him, and I said, this is going

0:18:00.440 --> 0:18:03.240
<v Speaker 4>to get better. I don't know why they're doing this.

0:18:03.600 --> 0:18:06.440
<v Speaker 4>I don't know why it came to this point, but I, honestly,

0:18:06.600 --> 0:18:09.360
<v Speaker 4>Maggie thought that this was going to get better, that

0:18:09.359 --> 0:18:13.560
<v Speaker 4>they were going to find the real person that committed

0:18:13.600 --> 0:18:17.760
<v Speaker 4>this crime. And that's what I kept thinking for all

0:18:17.800 --> 0:18:19.359
<v Speaker 4>of these years.

0:18:23.080 --> 0:18:25.560
<v Speaker 1>Within a week following the crime, a grand jury was

0:18:25.600 --> 0:18:29.080
<v Speaker 1>convened and Amir gave testimony about the events of that night.

0:18:29.560 --> 0:18:34.320
<v Speaker 1>Amir's trial began six months later on January seventh, nineteen eighty,

0:18:34.840 --> 0:18:39.480
<v Speaker 1>in Rockland County Court before Judge Albert Rosenblatt. The prosecutor

0:18:39.600 --> 0:18:44.080
<v Speaker 1>was Rockland County's first Assistant District Attorney, William Frank. Amir's

0:18:44.080 --> 0:18:46.120
<v Speaker 1>defense attorney was William Kunstler.

0:18:46.920 --> 0:18:50.040
<v Speaker 5>The officer's testified to finding the knife in the backseat

0:18:50.080 --> 0:18:53.159
<v Speaker 5>of the car. Two days later, Joe Lenti testifies that

0:18:53.200 --> 0:18:55.160
<v Speaker 5>he bought the knife the Bronx Terminal market.

0:18:56.200 --> 0:19:00.479
<v Speaker 1>The prosecution also presented a witness, Donald Lewis, someone who

0:19:00.560 --> 0:19:02.879
<v Speaker 1>had gone to school with Shirley and knew a mirror

0:19:02.880 --> 0:19:05.040
<v Speaker 1>as well.

0:19:04.080 --> 0:19:07.280
<v Speaker 5>And he claimed that he saw a mir at a

0:19:07.320 --> 0:19:10.240
<v Speaker 5>phone booth and the Amir turned and said to Shirley

0:19:10.320 --> 0:19:13.440
<v Speaker 5>Smith the victim, hey, Shirley, want to smoke a joint?

0:19:13.720 --> 0:19:16.879
<v Speaker 5>And Shirley said sure. That was his testimony at trial.

0:19:18.080 --> 0:19:21.600
<v Speaker 1>Amir maintains that this encounter never happened, and in fact,

0:19:22.160 --> 0:19:26.159
<v Speaker 1>Donald Lewis was later tape recorded telling an acquaintance that

0:19:26.200 --> 0:19:28.280
<v Speaker 1>he had made the whole story up.

0:19:28.920 --> 0:19:30.920
<v Speaker 5>And Lewis said, listen, you know I had a beef

0:19:30.960 --> 0:19:34.159
<v Speaker 5>with him. Don't tell anybody I didn't see him at

0:19:34.200 --> 0:19:36.679
<v Speaker 5>a phone booth. In essence, what he said was his

0:19:36.760 --> 0:19:40.040
<v Speaker 5>trial testimony was a lie and he had that recorded.

0:19:41.080 --> 0:19:44.560
<v Speaker 1>After the trial, Amir tried to appeal his conviction based

0:19:44.600 --> 0:19:48.320
<v Speaker 1>on that recorded confession, but at the hearing Lewis changed

0:19:48.320 --> 0:19:49.560
<v Speaker 1>his story again.

0:19:50.840 --> 0:19:55.000
<v Speaker 5>Instead of sticking by the recantation, Lewis said, yeah, I

0:19:55.080 --> 0:19:57.199
<v Speaker 5>knew that he was recording me, and so we just

0:19:57.359 --> 0:20:00.679
<v Speaker 5>orchestrated it and the judge did not buy the recantation,

0:20:00.800 --> 0:20:05.119
<v Speaker 5>he wouldn't accept it, and Amir's motion was denied. I

0:20:05.119 --> 0:20:07.320
<v Speaker 5>think the police probably got to him and said, look,

0:20:07.359 --> 0:20:09.439
<v Speaker 5>you better, you better stick to your story.

0:20:10.040 --> 0:20:12.840
<v Speaker 1>And that's because, as it turned out later, Lewis was

0:20:12.840 --> 0:20:17.880
<v Speaker 1>facing criminal charges in another matter and thus highly incentivized to.

0:20:17.840 --> 0:20:18.879
<v Speaker 3>Incriminate a mirror.

0:20:19.359 --> 0:20:21.240
<v Speaker 1>By sticking to his story that he'd seen Amir and

0:20:21.280 --> 0:20:27.640
<v Speaker 1>Shirley together, he was able to avoid prosecution. So Arthur,

0:20:27.720 --> 0:20:29.960
<v Speaker 1>the defense did not know that at the time. It

0:20:30.040 --> 0:20:34.920
<v Speaker 1>wasn't disclosed by the prosecution. So what was the defense

0:20:35.000 --> 0:20:36.960
<v Speaker 1>that Amir's attorneys presented?

0:20:37.840 --> 0:20:41.480
<v Speaker 5>You know, Counsseler did a pretty good job tracking down

0:20:41.520 --> 0:20:46.159
<v Speaker 5>the witnesses who confirmed Amir Zeida's version of events. His

0:20:46.240 --> 0:20:50.199
<v Speaker 5>friend John Nash testified. John Nash's mother, Catherine, testified that

0:20:50.280 --> 0:20:52.600
<v Speaker 5>Emir had called the house at four o'clock in the morning.

0:20:52.840 --> 0:20:57.040
<v Speaker 5>Kunsseler got phone records from the phone company showing that

0:20:57.119 --> 0:20:59.879
<v Speaker 5>a call was made from a payphone in nayak All

0:21:00.040 --> 0:21:03.320
<v Speaker 5>on Broadway to Nash's house at four in the morning.

0:21:03.960 --> 0:21:07.120
<v Speaker 5>Phone records showing that Nash had called for a tow

0:21:07.160 --> 0:21:10.400
<v Speaker 5>truck at four fifteen and four to fourteen am right,

0:21:10.600 --> 0:21:13.840
<v Speaker 5>just as he testified, and just as Emir said that

0:21:13.880 --> 0:21:15.000
<v Speaker 5>his friend told him he would.

0:21:15.680 --> 0:21:18.320
<v Speaker 1>John testified that he had driven down to the waterfront

0:21:18.359 --> 0:21:21.360
<v Speaker 1>that night, but his own car broke down, and when

0:21:21.359 --> 0:21:23.840
<v Speaker 1>he couldn't locate a mirror, he called a taxi to

0:21:23.840 --> 0:21:27.040
<v Speaker 1>take him home. And John's version of events matches up

0:21:27.080 --> 0:21:30.399
<v Speaker 1>with the testimony that Amir gave at the earlier grand

0:21:30.480 --> 0:21:31.199
<v Speaker 1>jury hearing.

0:21:32.359 --> 0:21:35.240
<v Speaker 5>Amir testified in his own defense, and so the jury

0:21:35.320 --> 0:21:39.439
<v Speaker 5>had Amir's version of what happened, and his explanation, as

0:21:39.520 --> 0:21:43.040
<v Speaker 5>I just said, is backed up by witnesses and by

0:21:43.080 --> 0:21:47.120
<v Speaker 5>telephone records and by the business records of this Buds taxi. Right,

0:21:47.280 --> 0:21:51.600
<v Speaker 5>But it didn't it didn't matter to the jury. The

0:21:51.720 --> 0:22:01.240
<v Speaker 5>jury credits the officer's version of events and they convict him.

0:22:01.320 --> 0:22:06.720
<v Speaker 2>It was surreal. I guess the first time the reality

0:22:06.760 --> 0:22:09.760
<v Speaker 2>of my situation hit me, dawned on me was the

0:22:09.840 --> 0:22:13.040
<v Speaker 2>day of my sentencing, when they gave me twenty five

0:22:13.080 --> 0:22:17.359
<v Speaker 2>to light. I just fell apart. I just started crying.

0:22:17.359 --> 0:22:20.120
<v Speaker 2>I couldn't believe I can still feel that feeling right

0:22:20.119 --> 0:22:22.679
<v Speaker 2>now in my heart as to what they did to me,

0:22:22.720 --> 0:22:27.720
<v Speaker 2>and Howard felt, you know, they took my life away.

0:22:28.760 --> 0:22:34.840
<v Speaker 2>You know I could. I still could not understand what

0:22:35.080 --> 0:22:39.440
<v Speaker 2>motivated them to want to do what they did to me.

0:22:59.520 --> 0:23:02.000
<v Speaker 2>We always believe, you know, like the truth will prevail.

0:23:02.760 --> 0:23:06.000
<v Speaker 2>And once I got convicted, we believe that when we

0:23:06.080 --> 0:23:09.159
<v Speaker 2>fillowed the appeal, you know, that I would win the

0:23:09.160 --> 0:23:11.199
<v Speaker 2>appeal and they would be all be put in the

0:23:11.240 --> 0:23:14.240
<v Speaker 2>past and then we can go on with our lives.

0:23:14.359 --> 0:23:18.639
<v Speaker 2>And then as time started to go by, reality set in.

0:23:19.800 --> 0:23:23.000
<v Speaker 2>I was in prison. There wasn't really much I can do.

0:23:23.680 --> 0:23:27.560
<v Speaker 2>I've been assaulted, abused while I was incarcerated by staff.

0:23:27.560 --> 0:23:30.879
<v Speaker 2>I'm missing a bone and my right shoulder where I

0:23:30.960 --> 0:23:33.800
<v Speaker 2>was jumped by seven officers in the sergeant in attica

0:23:34.080 --> 0:23:37.720
<v Speaker 2>and brutally beaten. That's a type of treatment that's like

0:23:37.760 --> 0:23:41.680
<v Speaker 2>a regular thing, that's kind of like expected, as they say,

0:23:42.119 --> 0:23:44.280
<v Speaker 2>for people with the type of crime that I was

0:23:44.320 --> 0:23:47.760
<v Speaker 2>convicted of. They thought it was their privilege to abuse

0:23:47.840 --> 0:23:50.760
<v Speaker 2>people that were incarcerated for the type of crime I

0:23:50.840 --> 0:23:51.760
<v Speaker 2>was incarcerated for.

0:23:52.680 --> 0:23:54.280
<v Speaker 3>You mean like a sex offense.

0:23:54.600 --> 0:23:59.000
<v Speaker 2>The sex offense. Yeah, the corrections officers took it upon themselves.

0:23:59.000 --> 0:24:03.040
<v Speaker 2>The you know, hurt people that had cases like mine. Yeah,

0:24:03.720 --> 0:24:07.160
<v Speaker 2>they thought it was funny, you know. Yeah, I guess

0:24:07.160 --> 0:24:10.800
<v Speaker 2>they thought it was their place in life to get

0:24:10.880 --> 0:24:15.640
<v Speaker 2>revenge for the victims.

0:24:21.560 --> 0:24:25.000
<v Speaker 1>Amir and Bonnie had gotten married in nineteen eighty before

0:24:25.000 --> 0:24:28.080
<v Speaker 1>he went to prison. She continued to believe in him

0:24:28.359 --> 0:24:32.119
<v Speaker 1>and to visit regularly. They were allowed conjugal visits, and

0:24:32.160 --> 0:24:35.240
<v Speaker 1>in nineteen eighty one, their son, Amir Junior, was born.

0:24:35.680 --> 0:24:39.160
<v Speaker 1>In nineteen eighty eight, they had a second son, Jimyor.

0:24:40.400 --> 0:24:43.800
<v Speaker 2>You know, I'm sure if things had went better, we

0:24:43.840 --> 0:24:44.919
<v Speaker 2>would have had more children.

0:24:45.760 --> 0:24:49.560
<v Speaker 4>We had the two boys, and it was becoming complicated.

0:24:49.920 --> 0:24:51.399
<v Speaker 2>I mean, I always.

0:24:51.160 --> 0:24:53.640
<v Speaker 4>Thought that things were going to change, you know, because

0:24:53.680 --> 0:24:56.000
<v Speaker 4>it was innocent. I thought that tomorrow is going to

0:24:56.040 --> 0:24:58.080
<v Speaker 4>get out. Tomorrow, things are going to change.

0:24:58.320 --> 0:25:00.399
<v Speaker 1>So what did you tell your kids over the years

0:25:00.440 --> 0:25:01.920
<v Speaker 1>with their dad in prison.

0:25:02.040 --> 0:25:05.320
<v Speaker 4>That he was always innocent that, you know, when they

0:25:05.320 --> 0:25:08.639
<v Speaker 4>were little. That was hard to tell them things like that,

0:25:08.920 --> 0:25:11.760
<v Speaker 4>you know, but they always hurt the same thing over

0:25:11.920 --> 0:25:14.200
<v Speaker 4>and over, so they always believed.

0:25:13.840 --> 0:25:14.760
<v Speaker 2>In his innocence.

0:25:15.200 --> 0:25:16.960
<v Speaker 4>I mean, I didn't want to get into the glory

0:25:17.080 --> 0:25:19.280
<v Speaker 4>parts of it, you know, it's not something you really

0:25:19.280 --> 0:25:22.639
<v Speaker 4>wanted to discuss. But the kids were being subjected to

0:25:22.800 --> 0:25:23.840
<v Speaker 4>things they shouldn't have.

0:25:24.040 --> 0:25:28.200
<v Speaker 2>Maggie, she had two sons to raise and she had

0:25:28.240 --> 0:25:31.480
<v Speaker 2>a life of her own that she had to live,

0:25:32.040 --> 0:25:34.600
<v Speaker 2>so it became difficult for her.

0:25:35.200 --> 0:25:38.560
<v Speaker 1>Eventually, Bonnie and Amir made the difficult decision to divorce.

0:25:39.080 --> 0:25:42.560
<v Speaker 1>Bonnie later remarried and had a third son, Connor.

0:25:43.640 --> 0:25:46.320
<v Speaker 2>She did what she had to do, and I respected that.

0:25:46.480 --> 0:25:50.040
<v Speaker 2>It broke my heart. But the thing is is though

0:25:50.119 --> 0:25:52.840
<v Speaker 2>even though she went on and made a life for herself,

0:25:54.000 --> 0:25:56.679
<v Speaker 2>I was still always a part of her life and

0:25:56.760 --> 0:25:59.840
<v Speaker 2>she was still there for me.

0:26:00.160 --> 0:26:03.199
<v Speaker 1>Filed a number of appeals between nineteen eighty seven and

0:26:03.280 --> 0:26:07.040
<v Speaker 1>two thousand, but his conviction was upheld in every case.

0:26:07.760 --> 0:26:11.360
<v Speaker 1>He went up for parole seven times, but was denied

0:26:11.440 --> 0:26:14.719
<v Speaker 1>each time because he refused to admit guilt for the murder.

0:26:15.800 --> 0:26:19.040
<v Speaker 1>The Parole Board has since relaxed its requirement that defendants

0:26:19.080 --> 0:26:22.760
<v Speaker 1>admit guilt in order to be eligible, and finally, in

0:26:22.800 --> 0:26:27.080
<v Speaker 1>February of twenty eighteen, after serving almost forty years of

0:26:27.119 --> 0:26:32.280
<v Speaker 1>his sentence, Amir was granted parole, but his incarceration didn't

0:26:32.480 --> 0:26:32.840
<v Speaker 1>end there.

0:26:33.520 --> 0:26:38.800
<v Speaker 2>I wasn't released for two more years because parole sabotaged

0:26:38.840 --> 0:26:40.640
<v Speaker 2>my release, he.

0:26:40.600 --> 0:26:43.840
<v Speaker 5>Couldn't find suitable housing, and the reason for that is

0:26:43.880 --> 0:26:46.400
<v Speaker 5>he's got a sex offense as part of his conviction,

0:26:46.920 --> 0:26:49.280
<v Speaker 5>and there were restrictions on where he can live.

0:26:50.160 --> 0:26:53.600
<v Speaker 2>My family, my son were attempting to get me a

0:26:53.760 --> 0:26:57.760
<v Speaker 2>place to stay, but I also still went through trouble

0:26:57.840 --> 0:27:02.280
<v Speaker 2>because every time my family rented a place with the

0:27:02.320 --> 0:27:05.159
<v Speaker 2>New York state law, with the registry, you have to

0:27:05.240 --> 0:27:08.320
<v Speaker 2>inform the landlord as to what you're incarcerated for.

0:27:09.560 --> 0:27:12.480
<v Speaker 1>Finally, Amir was able to find a housing situation that

0:27:12.640 --> 0:27:16.439
<v Speaker 1>satisfied the parole board and he was officially released in

0:27:16.520 --> 0:27:20.960
<v Speaker 1>twenty twenty one, but the charges and the restrictions remain

0:27:21.040 --> 0:27:21.760
<v Speaker 1>on his record.

0:27:23.160 --> 0:27:25.760
<v Speaker 3>You're still a registered sex offender right now. You have

0:27:25.800 --> 0:27:26.720
<v Speaker 3>not been cleared of that.

0:27:27.359 --> 0:27:29.600
<v Speaker 2>No, I haven't been cleared of anything yet. So I

0:27:29.640 --> 0:27:33.240
<v Speaker 2>am a Level three and I'm basically under house arrest.

0:27:38.000 --> 0:27:41.520
<v Speaker 4>So yeah, after Jesus, I don't know how many years

0:27:41.520 --> 0:27:44.440
<v Speaker 4>we've got back together again. I never stopped loving them

0:27:44.440 --> 0:27:46.359
<v Speaker 4>and I never stopped believing in them.

0:27:47.040 --> 0:27:50.440
<v Speaker 1>Amir is now living with Bonnie, whose husband Brian McKenna

0:27:50.720 --> 0:27:54.080
<v Speaker 1>passed away in twenty twenty one. Amir is able to

0:27:54.119 --> 0:27:58.320
<v Speaker 1>spend time with his sons and under certain conditions, his grandchildren.

0:27:58.640 --> 0:28:01.679
<v Speaker 1>But his current status out of prison but with severe

0:28:01.680 --> 0:28:05.680
<v Speaker 1>restrictions on his freedom is taking a toll.

0:28:05.800 --> 0:28:06.040
<v Speaker 2>You know.

0:28:06.160 --> 0:28:09.879
<v Speaker 4>It's it's hard for him just to become a grandfather

0:28:10.200 --> 0:28:15.440
<v Speaker 4>at home because he's actually not fully home yet if

0:28:15.440 --> 0:28:18.240
<v Speaker 4>you look at the big picture of it. We can't

0:28:18.280 --> 0:28:21.000
<v Speaker 4>go to them and Vermont, we can't play with the

0:28:21.000 --> 0:28:24.600
<v Speaker 4>grandchildren over there. We can't go to a Thanksgiving dinner

0:28:24.680 --> 0:28:26.159
<v Speaker 4>over there, or at Easter dinner.

0:28:27.119 --> 0:28:30.760
<v Speaker 1>Amir also suffers from PTSD as a result of his

0:28:31.000 --> 0:28:32.720
<v Speaker 1>decades in prison.

0:28:32.840 --> 0:28:36.159
<v Speaker 4>So sometimes he's got to take a step back because

0:28:36.160 --> 0:28:39.560
<v Speaker 4>it just it's too overwhelming. He'll just sit there and

0:28:39.640 --> 0:28:40.560
<v Speaker 4>sometimes stare.

0:28:41.280 --> 0:28:42.840
<v Speaker 2>You know, I don't even know what's.

0:28:42.680 --> 0:28:45.840
<v Speaker 4>Going on in his mind, and what does it look

0:28:45.960 --> 0:28:50.680
<v Speaker 4>like throughout the night? He fights, he yells, he's he's

0:28:50.720 --> 0:28:54.640
<v Speaker 4>got a lot of you know, things that happen to

0:28:54.800 --> 0:29:00.080
<v Speaker 4>him in the sleep, and we're still learning how to

0:29:00.120 --> 0:29:04.440
<v Speaker 4>control that. He's still in his back of his mind,

0:29:05.000 --> 0:29:08.640
<v Speaker 4>is not released from this hole that's on him. It's

0:29:08.720 --> 0:29:12.320
<v Speaker 4>rough sometimes, but I love him. He doesn't need me

0:29:12.400 --> 0:29:15.720
<v Speaker 4>any harm. Here's a man that wouldn't hurt a freaking fly.

0:29:16.760 --> 0:29:17.600
<v Speaker 2>We had one.

0:29:17.440 --> 0:29:22.240
<v Speaker 4>Incident where it was a little rough and oh my god,

0:29:22.320 --> 0:29:26.560
<v Speaker 4>didn't cry and cry and cry, and it was something

0:29:26.640 --> 0:29:30.640
<v Speaker 4>that we got through and it's something we continue to

0:29:30.720 --> 0:29:31.320
<v Speaker 4>get through.

0:29:33.120 --> 0:29:36.280
<v Speaker 1>In twenty twenty, Arthur Larkin learned about a Mirror through

0:29:36.360 --> 0:29:41.000
<v Speaker 1>Jeffrey Dskovic an XANNERI, who, upon his release, started a

0:29:41.040 --> 0:29:44.040
<v Speaker 1>foundation to look into other cases of wrongful conviction.

0:29:44.920 --> 0:29:49.040
<v Speaker 5>And he took letters from people all over the country

0:29:49.320 --> 0:29:52.320
<v Speaker 5>who alleged that they were wrongfully convicted. And this is

0:29:52.360 --> 0:29:54.400
<v Speaker 5>one case that he and I started working on a

0:29:54.440 --> 0:29:55.240
<v Speaker 5>couple of years ago.

0:29:55.800 --> 0:29:57.280
<v Speaker 3>So what was it about this case?

0:29:57.400 --> 0:29:59.440
<v Speaker 1>You know, on its face, it does seem like this

0:29:59.600 --> 0:30:02.840
<v Speaker 1>was a guy who was found next to a body,

0:30:03.120 --> 0:30:05.920
<v Speaker 1>kind of wrong place, wrong time. So what was it

0:30:05.960 --> 0:30:07.480
<v Speaker 1>about this that you were like, you know, I think

0:30:07.520 --> 0:30:08.600
<v Speaker 1>this guy might be innocent.

0:30:09.480 --> 0:30:12.360
<v Speaker 5>I think it's a good point you're making, because a

0:30:12.360 --> 0:30:15.160
<v Speaker 5>lot of these cases, when you first look at them,

0:30:15.720 --> 0:30:19.480
<v Speaker 5>you think, Okay, you know this guy saying he's innocent.

0:30:19.880 --> 0:30:22.400
<v Speaker 5>Knock me over with a feather. You know, you were

0:30:22.440 --> 0:30:26.719
<v Speaker 5>at the scene. You were found leaning over the body,

0:30:26.760 --> 0:30:30.440
<v Speaker 5>according to your version of events, at a minimum, so

0:30:30.560 --> 0:30:34.400
<v Speaker 5>there's no question you were there. What happened here. And

0:30:34.440 --> 0:30:37.240
<v Speaker 5>when I started digging into the facts of the case

0:30:37.520 --> 0:30:39.880
<v Speaker 5>and looking at some of the police reports in the case,

0:30:40.120 --> 0:30:42.960
<v Speaker 5>you know, bit by bit, my confidence in the conviction

0:30:43.720 --> 0:30:48.280
<v Speaker 5>was chipped away. And the kicker for me was the

0:30:48.960 --> 0:30:52.800
<v Speaker 5>information about the knife, which was the alleged murder weapon.

0:30:53.600 --> 0:30:57.880
<v Speaker 1>In twenty nineteen, Paula Parrish, a caseworker for the Deskovic Foundation,

0:30:58.520 --> 0:31:01.440
<v Speaker 1>filed a freedom of information in law request to review

0:31:01.480 --> 0:31:03.960
<v Speaker 1>the Nayak police records from Amir's case.

0:31:04.600 --> 0:31:08.440
<v Speaker 5>And in this box of documents is a lot of information,

0:31:09.200 --> 0:31:11.719
<v Speaker 5>a lot of stuff that was never turned over to

0:31:11.920 --> 0:31:17.960
<v Speaker 5>the defense. The first document is an investigation memorandum prepared

0:31:18.000 --> 0:31:22.920
<v Speaker 5>by an investigator, James Stewart, who was a DA investigator.

0:31:22.320 --> 0:31:22.840
<v Speaker 2>At the time.

0:31:23.480 --> 0:31:25.520
<v Speaker 3>And so what does this memo say?

0:31:25.840 --> 0:31:29.640
<v Speaker 5>The memorandum says that in August nineteen seventy nine, investigator

0:31:29.720 --> 0:31:33.240
<v Speaker 5>Stuart and a Nayak detective went to the Bronx terminal

0:31:33.280 --> 0:31:37.400
<v Speaker 5>market and they interviewed a security supervisor who told them that,

0:31:37.520 --> 0:31:44.120
<v Speaker 5>to his knowledge, the Bronx terminal market does not sell knives,

0:31:44.760 --> 0:31:49.120
<v Speaker 5>which means that Joe Lenti's story about buying knives at

0:31:49.120 --> 0:31:51.960
<v Speaker 5>the Bronx terminal market and selling one to Amir Zeta

0:31:52.720 --> 0:31:53.520
<v Speaker 5>was highly.

0:31:53.320 --> 0:31:55.920
<v Speaker 3>Suspect, So why would Lenti lie.

0:31:56.680 --> 0:31:59.960
<v Speaker 5>Lenti would lie because he was under investigation at the

0:32:00.280 --> 0:32:04.560
<v Speaker 5>time for selling drugs in Niak, and in July of

0:32:04.720 --> 0:32:08.320
<v Speaker 5>nineteen seventy nine, about a month after he gave his statement,

0:32:08.480 --> 0:32:11.560
<v Speaker 5>he was arrested and charged in a federal case. He

0:32:11.600 --> 0:32:15.320
<v Speaker 5>was arrested by the Niak police working in conjunction with

0:32:15.360 --> 0:32:19.440
<v Speaker 5>the FBI, and he was charged with federal drug crimes.

0:32:20.040 --> 0:32:23.200
<v Speaker 5>He was indicted and he was allowed to plead guilty

0:32:23.720 --> 0:32:27.240
<v Speaker 5>and got a sentence of probation. All the other defendants

0:32:27.280 --> 0:32:29.760
<v Speaker 5>in that drug case went to prison, all of them

0:32:29.760 --> 0:32:33.400
<v Speaker 5>who were convicted, except for Joe Lenti, he only got probation.

0:32:35.760 --> 0:32:38.160
<v Speaker 1>The information that lenty could not have bought the knives

0:32:38.160 --> 0:32:41.280
<v Speaker 1>of the Bronx terminal market was never turned over to

0:32:41.320 --> 0:32:45.000
<v Speaker 1>the defense. Withholding evidence from the defense is known as

0:32:45.040 --> 0:32:45.960
<v Speaker 1>a Brady violation.

0:32:46.440 --> 0:32:49.480
<v Speaker 5>And not only that, the reports of the two officers

0:32:49.560 --> 0:32:53.440
<v Speaker 5>who supposedly found the knife, their daily activity reports were

0:32:53.440 --> 0:32:56.200
<v Speaker 5>never turned over to the defense. Now we've seen them,

0:32:56.520 --> 0:33:00.280
<v Speaker 5>they're full of crossouts and strikeouts. They suggest that they

0:33:00.280 --> 0:33:03.160
<v Speaker 5>were both at this garage at different times. They weren't

0:33:03.200 --> 0:33:05.360
<v Speaker 5>there at the same time as they said they were

0:33:05.400 --> 0:33:06.320
<v Speaker 5>a trial.

0:33:06.520 --> 0:33:08.160
<v Speaker 3>So that would be another Brady violation.

0:33:08.600 --> 0:33:12.280
<v Speaker 5>Yes, that would be clearly be a Brady violation my view, absolutely,

0:33:12.840 --> 0:33:15.600
<v Speaker 5>But the jury did not know the information about the knife.

0:33:15.600 --> 0:33:18.760
<v Speaker 5>And I think that if the jury had known that

0:33:18.800 --> 0:33:23.400
<v Speaker 5>the police made up a story and testified inaccurately, if

0:33:23.440 --> 0:33:27.680
<v Speaker 5>not outright falsely about investigating the source of that knife,

0:33:27.760 --> 0:33:30.120
<v Speaker 5>and that the testimony was intended to cover up the

0:33:30.160 --> 0:33:32.360
<v Speaker 5>fact that there was a witness out there who could

0:33:32.360 --> 0:33:34.840
<v Speaker 5>have said that they didn't sell knives at the Bronx

0:33:34.920 --> 0:33:37.680
<v Speaker 5>terminal market, it would have called into question the whole

0:33:37.840 --> 0:33:40.640
<v Speaker 5>story of how how is it that this knife got

0:33:40.680 --> 0:33:41.960
<v Speaker 5>into the backseat of the car.

0:33:42.840 --> 0:33:47.040
<v Speaker 1>All of this points to police and prosecutorial misconduct, which

0:33:47.200 --> 0:33:50.440
<v Speaker 1>in itself is basis for a new trial. But when

0:33:50.480 --> 0:33:53.480
<v Speaker 1>they took a deeper dive into those recovered police documents,

0:33:54.000 --> 0:33:58.400
<v Speaker 1>the team uncovered further evidence that could prove even more significant.

0:33:59.320 --> 0:34:03.280
<v Speaker 5>We did make another FOIL freedom of information law request

0:34:03.920 --> 0:34:07.280
<v Speaker 5>to a different agency within Rockland County known as the

0:34:07.280 --> 0:34:11.080
<v Speaker 5>Bureau of Criminal Identification, and one of the things that

0:34:11.080 --> 0:34:15.279
<v Speaker 5>that agency does is process crime scenes. So we requested

0:34:15.680 --> 0:34:18.120
<v Speaker 5>everything that they had on this case, and we got

0:34:18.520 --> 0:34:21.880
<v Speaker 5>over one hundred photographs as well as additional reports and

0:34:21.960 --> 0:34:26.120
<v Speaker 5>summaries of what the investigators found that morning when they

0:34:26.160 --> 0:34:29.080
<v Speaker 5>came to the crime scene after the crime had occurred.

0:34:29.800 --> 0:34:32.800
<v Speaker 1>Arthur and his team showed those photographs to a renowned

0:34:32.840 --> 0:34:35.440
<v Speaker 1>crime reconstruction expert, Brent Turvy.

0:34:36.120 --> 0:34:39.040
<v Speaker 5>So one of the conclusions he drew after looking at

0:34:39.080 --> 0:34:42.479
<v Speaker 5>all the photos is that the victim was transported within

0:34:42.560 --> 0:34:45.799
<v Speaker 5>the parking lot inside of a car. You can see

0:34:45.800 --> 0:34:48.640
<v Speaker 5>blood spatter on one end of the parking lot, and

0:34:48.680 --> 0:34:51.040
<v Speaker 5>then you see the victim's body is found on the

0:34:51.040 --> 0:34:53.360
<v Speaker 5>other end of the parking lot, and there was a

0:34:53.440 --> 0:34:57.000
<v Speaker 5>large blood stain close to where the victim was apparently

0:34:57.239 --> 0:34:59.960
<v Speaker 5>thrown out of a car and then dragged behind the dumpster.

0:35:00.520 --> 0:35:03.880
<v Speaker 5>But in between those two areas there's no blood spatter,

0:35:04.239 --> 0:35:07.160
<v Speaker 5>and you'd naturally expect a lot of blood inside the

0:35:07.200 --> 0:35:11.000
<v Speaker 5>car where that victim was transported. Emir Zeta's car, as

0:35:11.040 --> 0:35:13.840
<v Speaker 5>you know, was found near the crime scene. It was

0:35:13.880 --> 0:35:16.640
<v Speaker 5>not driveable, it had broken down, and there was not

0:35:16.719 --> 0:35:20.240
<v Speaker 5>a drop of blood in the car. So clearly Emir's

0:35:20.239 --> 0:35:23.879
<v Speaker 5>car was not used in this crime. That's point number one.

0:35:24.719 --> 0:35:28.200
<v Speaker 5>Point number two is he looked closely at the photos

0:35:28.280 --> 0:35:30.880
<v Speaker 5>of the knife that was alleged to be the murder weapon.

0:35:31.440 --> 0:35:34.480
<v Speaker 1>Remember this is the knife that the two policemen said

0:35:34.520 --> 0:35:37.960
<v Speaker 1>they found in the patrol car days after the crime.

0:35:38.440 --> 0:35:41.560
<v Speaker 5>He said clearly that knife was not used in this

0:35:41.680 --> 0:35:44.120
<v Speaker 5>crime because if it had been, it would have had

0:35:44.200 --> 0:35:46.759
<v Speaker 5>a lot more blood on it than it did. The

0:35:46.800 --> 0:35:48.799
<v Speaker 5>thing would have been full of blood if it had

0:35:48.840 --> 0:35:51.040
<v Speaker 5>been used to stab this woman twenty six times.

0:35:51.800 --> 0:35:54.759
<v Speaker 1>Arthur believes this new evidence, along with a number of

0:35:54.800 --> 0:35:58.440
<v Speaker 1>other conclusions Turvy drew from the crime scene photos, is

0:35:58.640 --> 0:36:00.920
<v Speaker 1>a game changer for Amir's case.

0:36:01.520 --> 0:36:06.040
<v Speaker 5>What we have now is affirmative evidence that Amir had

0:36:06.080 --> 0:36:08.560
<v Speaker 5>nothing to do with this, and so we've asked the

0:36:08.600 --> 0:36:11.520
<v Speaker 5>court to hold a hearing on a claim of actual

0:36:11.520 --> 0:36:15.080
<v Speaker 5>innocence that Amir is actually innocent of the crime. And

0:36:15.160 --> 0:36:18.280
<v Speaker 5>I really think the court should take a very hard

0:36:18.320 --> 0:36:22.279
<v Speaker 5>look at everything we've presented. I really do think this

0:36:22.320 --> 0:36:27.000
<v Speaker 5>is a compelling case of a miscarriage of justice and

0:36:27.040 --> 0:36:28.279
<v Speaker 5>I hope the court agrees with us.

0:36:29.440 --> 0:36:33.359
<v Speaker 1>But for now, until he's fully exonerated, Amir's life is

0:36:33.400 --> 0:36:34.360
<v Speaker 1>still on hold.

0:36:39.360 --> 0:36:41.120
<v Speaker 2>I want to go on with my life and be

0:36:41.160 --> 0:36:43.480
<v Speaker 2>able to live my life like a human being, not

0:36:43.560 --> 0:36:47.480
<v Speaker 2>like a trapped animal. That throle has me like, you know,

0:36:47.600 --> 0:36:50.719
<v Speaker 2>caged up as I just you know, I want to

0:36:50.760 --> 0:36:52.719
<v Speaker 2>be able to go and go to water parks and

0:36:53.440 --> 0:36:56.400
<v Speaker 2>amusement parks with my grandkids. I am not allowed to

0:36:56.400 --> 0:37:01.560
<v Speaker 2>go anywhere where there's children. I mean, they're just like, really,

0:37:01.600 --> 0:37:07.680
<v Speaker 2>they literally have me designated as being an animal, a monster.

0:37:08.760 --> 0:37:12.799
<v Speaker 1>What does that feel like emotionally to be called these things?

0:37:12.880 --> 0:37:17.160
<v Speaker 3>A murderer, a rapist and you're none of those? What

0:37:17.239 --> 0:37:17.640
<v Speaker 3>is that like?

0:37:18.360 --> 0:37:22.080
<v Speaker 2>I mean, it breaks my heart. I see it in

0:37:22.120 --> 0:37:24.600
<v Speaker 2>the look that people give me when they look at

0:37:24.640 --> 0:37:29.160
<v Speaker 2>me like I'm an animal and I've never done anything

0:37:29.200 --> 0:37:33.239
<v Speaker 2>to anybody in my life in a cool way, my

0:37:33.280 --> 0:37:35.000
<v Speaker 2>mother and father raised me right.

0:37:35.560 --> 0:37:39.000
<v Speaker 6>They were beautiful people. I want people to know. I

0:37:39.040 --> 0:37:40.879
<v Speaker 6>want them to know the truth. I want my mother

0:37:40.920 --> 0:37:43.480
<v Speaker 6>and father to finally be able to rest in peace.

0:37:44.120 --> 0:37:46.320
<v Speaker 6>I don't want this to be the legacy.

0:37:46.360 --> 0:37:50.480
<v Speaker 2>That I leave behind from my children and my grandchildren.

0:37:52.040 --> 0:37:54.200
<v Speaker 4>We wanted all to come to an end. We haven't

0:37:54.239 --> 0:37:58.520
<v Speaker 4>started living again, Maggie, you know, and that's where we

0:37:58.560 --> 0:37:59.280
<v Speaker 4>need to get.

0:37:59.080 --> 0:38:09.960
<v Speaker 1>At Amir and Bonnie are planning to remarry when the

0:38:10.000 --> 0:38:12.680
<v Speaker 1>time is right, she says, when all of this is

0:38:12.719 --> 0:38:15.000
<v Speaker 1>behind them.

0:38:15.120 --> 0:38:18.680
<v Speaker 4>I envision us like getting married next to the ocean.

0:38:19.040 --> 0:38:24.400
<v Speaker 7>Us being dressed in attire that we dressed in the seventies,

0:38:24.520 --> 0:38:28.680
<v Speaker 7>like me in this beautiful white, easy going dressed with

0:38:28.800 --> 0:38:30.279
<v Speaker 7>some flowers in my hair.

0:38:30.320 --> 0:38:33.920
<v Speaker 4>And I envision him and white khakis and you know,

0:38:33.960 --> 0:38:37.680
<v Speaker 4>a shirt from that time period. I do envision good things,

0:38:37.719 --> 0:38:39.680
<v Speaker 4>and I envision all our kids with us.

0:38:39.960 --> 0:38:42.000
<v Speaker 3>What beach do you think? Is there a place that

0:38:42.080 --> 0:38:42.440
<v Speaker 3>you like?

0:38:43.280 --> 0:38:44.720
<v Speaker 2>I would say down at the shore.

0:38:44.880 --> 0:38:47.080
<v Speaker 4>We used to spend a lot of time down at

0:38:47.080 --> 0:38:51.799
<v Speaker 4>the shore. Seaside heights, that area, those are our stopping grounds. Yeah,

0:38:52.120 --> 0:38:53.440
<v Speaker 4>we both missed the shore.

0:39:02.719 --> 0:39:04.760
<v Speaker 1>If you'd like to support the work of the Jeffrey

0:39:04.800 --> 0:39:08.080
<v Speaker 1>Deskovic Foundation for Justice, please go to the link in

0:39:08.120 --> 0:39:10.920
<v Speaker 1>the episode description, and we'll also have a link to

0:39:11.000 --> 0:39:14.040
<v Speaker 1>amersko fund me campaign to help support him in his

0:39:14.200 --> 0:39:25.719
<v Speaker 1>new life. Thank you for listening to Wrongful Conviction with

0:39:25.760 --> 0:39:29.640
<v Speaker 1>Maggie Freeling. Please support your local innocence organizations and go

0:39:29.680 --> 0:39:32.080
<v Speaker 1>to the links in the episode description to see how

0:39:32.120 --> 0:39:35.120
<v Speaker 1>you can help. I'd like to thank our executive producers

0:39:35.239 --> 0:39:38.480
<v Speaker 1>Jason Flam, Jeff Kempler, and Kevin Wortis, as well as

0:39:38.520 --> 0:39:43.320
<v Speaker 1>senior producer Annie Chelsea, producer Kathleen Fink, story editor Hannah Beal,

0:39:43.640 --> 0:39:47.839
<v Speaker 1>and researcher Shelby Sorels. Mixing and sound design are by

0:39:47.920 --> 0:39:52.080
<v Speaker 1>Jackie Pauley, with additional production by Jeff Cleiburn and Connor Hall.

0:39:52.600 --> 0:39:55.360
<v Speaker 1>The music in this production is by three time OSCAR

0:39:55.440 --> 0:39:59.120
<v Speaker 1>nominated composer Jay Ralph. Be sure to follow us on

0:39:59.239 --> 0:40:02.640
<v Speaker 1>all social media platforms at Lava for Good and at

0:40:02.680 --> 0:40:06.120
<v Speaker 1>Wrongful Conviction. You can also follow me on all platforms

0:40:06.160 --> 0:40:09.560
<v Speaker 1>at Maggie Freeling. Wrongful Conviction with Maggie Freeling is a

0:40:09.600 --> 0:40:13.360
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0:40:13.400 --> 0:40:24.920
<v Speaker 1>Company Number one