1 00:00:03,720 --> 00:00:05,920 Speaker 1: If you're gonna place your left hand on the Bible 2 00:00:06,040 --> 00:00:09,440 Speaker 1: and raise your right hand, and please repeat after me, 3 00:00:09,880 --> 00:00:13,920 Speaker 1: I do solemnly swear you haven't titled action. Find the 4 00:00:13,960 --> 00:00:17,320 Speaker 1: defendant guilty of the prime. It makes no sense, it 5 00:00:17,320 --> 00:00:21,119 Speaker 1: doesn't fit. If it doesn't fit, you must equit. We 6 00:00:21,160 --> 00:00:23,680 Speaker 1: all took the same of of office. We're all bound 7 00:00:23,800 --> 00:00:26,960 Speaker 1: by that common commitment to support and defend the Constitution, 8 00:00:27,240 --> 00:00:29,840 Speaker 1: to bear true faith in allegiance to the same that 9 00:00:29,960 --> 00:00:32,680 Speaker 1: you faithfully discharge the duties of our office. Do you 10 00:00:32,720 --> 00:00:36,040 Speaker 1: solemnly swear or affirm that the testimony you're about to 11 00:00:36,080 --> 00:00:38,480 Speaker 1: give will be the truth, the whole truth, and nothing 12 00:00:38,520 --> 00:00:42,120 Speaker 1: but the truth. From Tenderfoot TV and I Heart Radio, 13 00:00:42,680 --> 00:00:54,160 Speaker 1: this is sworn. I'm your host, Philip Holloway. You know 14 00:00:54,240 --> 00:00:58,520 Speaker 1: the term the c S I fact he changed everything. 15 00:01:00,800 --> 00:01:05,240 Speaker 1: Everybody believed that what you saw on TV was for real. 16 00:01:06,920 --> 00:01:08,960 Speaker 1: You don't use forty two lasers of the crime scene 17 00:01:09,000 --> 00:01:13,600 Speaker 1: leasures cost about five. So that was preposterous, right, and 18 00:01:13,680 --> 00:01:19,000 Speaker 1: nothing gets done today n c S. Another show, My 19 00:01:19,040 --> 00:01:23,360 Speaker 1: wife watches out that a crow pecks out someone's hypohol 20 00:01:24,319 --> 00:01:27,800 Speaker 1: and then carries it off. And when they found the eyeball. 21 00:01:28,440 --> 00:01:35,120 Speaker 1: They found a fingerprint on the eyeball. Preposterous at best. 22 00:01:36,040 --> 00:01:39,960 Speaker 1: It's not like that. See, they get lost in the 23 00:01:40,040 --> 00:01:43,840 Speaker 1: fact that it was just TV show. They started having 24 00:01:43,880 --> 00:01:47,280 Speaker 1: to explain to the juries, do you believe things that 25 00:01:47,440 --> 00:01:51,320 Speaker 1: you see? Oh yeah, if it's on TV, it's it's no, 26 00:01:52,200 --> 00:02:05,440 Speaker 1: that's not how it is. M That was Chris Robinson, 27 00:02:05,680 --> 00:02:08,600 Speaker 1: a forensic consultant I've worked with on many of my cases. 28 00:02:09,360 --> 00:02:11,519 Speaker 1: In this episode, we're going to look at that c 29 00:02:11,760 --> 00:02:14,240 Speaker 1: s I effect he was talking about, and we're going 30 00:02:14,280 --> 00:02:16,320 Speaker 1: to hear the story of another man who was locked 31 00:02:16,400 --> 00:02:19,799 Speaker 1: up for twenty three years in a case that involved 32 00:02:19,880 --> 00:02:25,600 Speaker 1: police corruption and junk science. Before we hear about Bill, 33 00:02:25,720 --> 00:02:28,880 Speaker 1: I wanted to talk with my colleague, Ashley Merchant. She's 34 00:02:28,919 --> 00:02:31,200 Speaker 1: a lawyer I've worked with many times in the past, 35 00:02:31,720 --> 00:02:34,520 Speaker 1: and I know that she's had to educate herself on 36 00:02:34,639 --> 00:02:39,040 Speaker 1: forensic science, particularly bad forensic science, and how it's used 37 00:02:39,040 --> 00:02:47,280 Speaker 1: in our legal system. Junk science is very difficult to 38 00:02:47,320 --> 00:02:50,120 Speaker 1: deal with when the government offers something and they put 39 00:02:50,160 --> 00:02:52,520 Speaker 1: a fancy name on it, like the you know, FBI 40 00:02:52,760 --> 00:02:55,120 Speaker 1: or the crime Lab, and you know, they bring in 41 00:02:55,160 --> 00:02:58,919 Speaker 1: all these these fancy acronyms and stuff juries just eat 42 00:02:58,960 --> 00:03:02,000 Speaker 1: it up hook line and saying are a lot of 43 00:03:02,040 --> 00:03:05,920 Speaker 1: defense attorneys aren't very good at shedding light on the 44 00:03:06,000 --> 00:03:09,680 Speaker 1: junkiness factor of it, because you know, we're lawyers. Like 45 00:03:09,919 --> 00:03:12,600 Speaker 1: I've never shot a gun. You know, I don't understand ballistics, 46 00:03:12,600 --> 00:03:13,840 Speaker 1: but I had to go learn it. How to go 47 00:03:13,960 --> 00:03:16,440 Speaker 1: learn blood spatter, how to go learn DNA, how to 48 00:03:16,520 --> 00:03:20,639 Speaker 1: learn about fingerprints. I had a case probably fifteen years 49 00:03:20,639 --> 00:03:24,280 Speaker 1: ago with a handwriting expert, and then you know, a 50 00:03:24,320 --> 00:03:27,480 Speaker 1: couple of years later, boom, handwriting experts are it's junk 51 00:03:27,480 --> 00:03:30,800 Speaker 1: science and it's not admissible. We have this evidence that 52 00:03:30,840 --> 00:03:33,880 Speaker 1: the state presents handwriting for example, blood spatter for example, 53 00:03:34,200 --> 00:03:36,840 Speaker 1: and we're arguing, as defense lawyers, this is crazy. This 54 00:03:36,920 --> 00:03:39,280 Speaker 1: is a junk you know. And then finally, years down 55 00:03:39,280 --> 00:03:43,240 Speaker 1: the road, you get exoneration and the exonerations are linked 56 00:03:43,280 --> 00:03:46,800 Speaker 1: to this junk science, and finally, retrospectively the government saying, oh, 57 00:03:46,880 --> 00:03:50,640 Speaker 1: you know what, you're right, that handwriting stuff was, that 58 00:03:50,720 --> 00:03:55,040 Speaker 1: was crazy, but the people are still in jail. As 59 00:03:55,040 --> 00:03:58,760 Speaker 1: defense lawyers, I think we don't challenge it enough. I 60 00:03:58,800 --> 00:04:02,440 Speaker 1: think that we don't question already enough because it's science 61 00:04:02,920 --> 00:04:05,680 Speaker 1: we believe that the government is doing the right thing 62 00:04:05,680 --> 00:04:09,000 Speaker 1: and doing their job, which to me as a defense lawyer, 63 00:04:09,120 --> 00:04:12,000 Speaker 1: scary because if I don't question the blood spatter, why 64 00:04:12,000 --> 00:04:13,920 Speaker 1: would I expect the jury to question the bloods better. 65 00:04:14,280 --> 00:04:16,600 Speaker 1: So you see a lot of times in trials where 66 00:04:16,600 --> 00:04:19,040 Speaker 1: the defense lawyer has no question for the blood spatter expert. 67 00:04:19,600 --> 00:04:22,279 Speaker 1: It's like they just rubber stamp this stuff just because 68 00:04:22,279 --> 00:04:24,600 Speaker 1: some scientists in a lab says that it is. They 69 00:04:24,600 --> 00:04:27,680 Speaker 1: don't really question it, and juries don't question it, and 70 00:04:27,720 --> 00:04:31,799 Speaker 1: defense lawyers don't question it. And I understand why because 71 00:04:31,800 --> 00:04:35,440 Speaker 1: we're Hamstrong. We're not scientists. We're not given funding for experts. 72 00:04:35,960 --> 00:04:37,720 Speaker 1: I mean, half the time we're still trying to get paid, 73 00:04:37,760 --> 00:04:40,240 Speaker 1: you know, let alone asking our clients family for ten 74 00:04:40,320 --> 00:04:42,159 Speaker 1: grand for an expert to fly in who's got a 75 00:04:42,160 --> 00:04:44,760 Speaker 1: pH d and d n A. They barely have the 76 00:04:44,800 --> 00:04:48,520 Speaker 1: money for their defense. We don't challenge that evidence, but 77 00:04:48,680 --> 00:04:54,440 Speaker 1: I think we need to. Jurors want actual physical touch evidence, 78 00:04:54,960 --> 00:04:56,679 Speaker 1: evidence they can put their hands on, they can see. 79 00:04:57,600 --> 00:05:00,240 Speaker 1: You see a huge pull for the prosecution and to 80 00:05:00,400 --> 00:05:02,920 Speaker 1: get this type of science, you know, junk science, whatever 81 00:05:02,960 --> 00:05:06,920 Speaker 1: it is, to try and admit that it's fallible because 82 00:05:07,120 --> 00:05:11,359 Speaker 1: it's a scientist determining if it's a fingerprint match, you know, 83 00:05:11,400 --> 00:05:14,200 Speaker 1: where the next scientists might not determine it's a fingerprint match. 84 00:05:16,400 --> 00:05:18,880 Speaker 1: We do have standards. We do have certain standards that 85 00:05:18,920 --> 00:05:21,840 Speaker 1: have to be met. We have Fry and Dowberd. Those 86 00:05:21,880 --> 00:05:25,320 Speaker 1: are the standards in federal court. Anytime you're gonna admit 87 00:05:25,320 --> 00:05:27,440 Speaker 1: a certain type of evidence, it's got to meet a 88 00:05:27,440 --> 00:05:32,920 Speaker 1: certain level of scientific or reliability. One of those things 89 00:05:32,920 --> 00:05:35,400 Speaker 1: that it has to be subject to peer review. Other 90 00:05:35,440 --> 00:05:37,680 Speaker 1: scientists have to be able to go and check your work. 91 00:05:38,040 --> 00:05:41,839 Speaker 1: That's a huge one. In state court in Georgia, for example, 92 00:05:41,880 --> 00:05:44,719 Speaker 1: we have a standard called Harper standard, which is lower. 93 00:05:45,760 --> 00:05:48,520 Speaker 1: It's ironic to me and I always use my husband 94 00:05:48,560 --> 00:05:50,680 Speaker 1: as an example. He was a civil litigator before he 95 00:05:50,760 --> 00:05:52,919 Speaker 1: joined my law firm, and now he does criminal difference 96 00:05:52,920 --> 00:05:55,360 Speaker 1: with me. He did, you know, a lot of these 97 00:05:55,400 --> 00:05:58,120 Speaker 1: massive litigations that had all these fancy scientists and things. 98 00:05:58,160 --> 00:05:59,919 Speaker 1: He did as Best Jos litigation, a lot of it. 99 00:06:00,839 --> 00:06:03,640 Speaker 1: When he came on as criminal defense, He's like, when 100 00:06:03,920 --> 00:06:09,280 Speaker 1: you're taking someone's life, it's a lower standard for admitting evidence. 101 00:06:10,120 --> 00:06:12,599 Speaker 1: It's harder to get evidence in there's higher standard of 102 00:06:12,600 --> 00:06:15,200 Speaker 1: reliability to get evidence in a civil case we're you're 103 00:06:15,200 --> 00:06:17,360 Speaker 1: shooting over money than it is in a criminal case 104 00:06:17,360 --> 00:06:22,320 Speaker 1: where someone can go to jail. It's insane people, I mean, 105 00:06:22,360 --> 00:06:24,600 Speaker 1: they just they want guilty people to be locked up. 106 00:06:25,120 --> 00:06:28,080 Speaker 1: People are scared of letting guilty people out. And a 107 00:06:28,120 --> 00:06:31,279 Speaker 1: lot of times the state argues, need, we can't meet 108 00:06:31,360 --> 00:06:35,200 Speaker 1: the Fried standard, it can't be verified, but we need 109 00:06:35,279 --> 00:06:36,839 Speaker 1: this evidence. I mean, I hear that argument all the 110 00:06:36,839 --> 00:06:38,600 Speaker 1: time from the state, but I really need this evidence, 111 00:06:38,680 --> 00:06:41,080 Speaker 1: so the judge lets it in. I think that you 112 00:06:41,120 --> 00:06:44,080 Speaker 1: should have a higher standard when you're dealing with people's 113 00:06:44,120 --> 00:06:47,760 Speaker 1: lives first, as you're dealing with people's money. Just makes 114 00:06:47,800 --> 00:06:52,600 Speaker 1: common sense to me. One man who had that c 115 00:06:52,839 --> 00:06:56,080 Speaker 1: s I effect work against him is our next Exonoye 116 00:06:56,279 --> 00:07:02,960 Speaker 1: Bill Richards. Our system in California here is probably one 117 00:07:02,960 --> 00:07:06,320 Speaker 1: of the biggest prison systems in the world. We have 118 00:07:06,400 --> 00:07:10,600 Speaker 1: more people in prison here than most countries. It's hell 119 00:07:10,680 --> 00:07:15,200 Speaker 1: on every level, especially for somebody who live normal life 120 00:07:15,280 --> 00:07:18,680 Speaker 1: and working man. You know, honest person. I mean, my 121 00:07:18,800 --> 00:07:21,720 Speaker 1: criminal career consisted of a couple of traffic tickets spread 122 00:07:21,720 --> 00:07:25,440 Speaker 1: over twenty years of speeding on the freeway. But everything 123 00:07:25,520 --> 00:07:29,320 Speaker 1: is terrible, and Menico was terrible. Now in my late 124 00:07:29,440 --> 00:07:32,239 Speaker 1: sixties with advanced cancer because they didn't treat me in prison, 125 00:07:33,320 --> 00:07:35,440 Speaker 1: had years I knew I had it, didn't even tell me, 126 00:07:35,520 --> 00:07:38,640 Speaker 1: and now it's too late. I mean, I can't think 127 00:07:38,640 --> 00:07:40,680 Speaker 1: of anything that isn't terrible. I don't know how to 128 00:07:40,960 --> 00:07:43,800 Speaker 1: describe it. I could go on for a week and 129 00:07:43,960 --> 00:07:48,360 Speaker 1: never scratched the surface. It is so abnormal for human 130 00:07:48,440 --> 00:07:56,880 Speaker 1: being to put under those conditions. My name is William Richards. 131 00:07:57,000 --> 00:08:00,240 Speaker 1: I'm an exnerie. I served twenty three years for rum. 132 00:08:00,280 --> 00:08:02,120 Speaker 1: I didn't commit, and I have been out for a 133 00:08:02,160 --> 00:08:06,640 Speaker 1: post of three now at my age and just trying 134 00:08:06,680 --> 00:08:09,160 Speaker 1: to live on my retirement and put a life together. 135 00:08:11,280 --> 00:08:13,680 Speaker 1: I came home and I found my wife dead. She 136 00:08:13,800 --> 00:08:18,560 Speaker 1: had been murdered. I called the police three times, actually 137 00:08:18,600 --> 00:08:21,120 Speaker 1: because I was a little bit upset, as you can imagine, 138 00:08:21,160 --> 00:08:24,760 Speaker 1: and they would take a long time getting there. First 139 00:08:24,760 --> 00:08:28,160 Speaker 1: top on the crime scene was just a patrolman. Everything 140 00:08:28,200 --> 00:08:30,160 Speaker 1: man said was proven to be all I not only 141 00:08:30,200 --> 00:08:33,000 Speaker 1: that night, but everything he says any time. He's a 142 00:08:33,080 --> 00:08:37,280 Speaker 1: strange felt But he turned around in the sidewalk. He's 143 00:08:37,400 --> 00:08:41,200 Speaker 1: Columbo he's got the guy right here. He said, my 144 00:08:41,240 --> 00:08:43,360 Speaker 1: actions are strange. Well, as you come home and find 145 00:08:43,400 --> 00:08:46,120 Speaker 1: your wife killed like I did, what are your actions 146 00:08:46,120 --> 00:08:50,400 Speaker 1: supposed to be? So he decided I was guilty, he 147 00:08:50,480 --> 00:08:53,800 Speaker 1: told the detective. They decided that by the time they 148 00:08:53,840 --> 00:08:56,520 Speaker 1: got to the crime scene, they never investigated, They never 149 00:08:56,600 --> 00:09:00,680 Speaker 1: collected DNA fingerprints or anything from the crime scene, and 150 00:09:00,760 --> 00:09:05,280 Speaker 1: just proceeded to start a case against me. Every top 151 00:09:05,400 --> 00:09:11,000 Speaker 1: understand lied a sign of evidence, destroyed exculpatory evidence when 152 00:09:11,000 --> 00:09:14,000 Speaker 1: the process of digging it up now for civil actions. 153 00:09:14,120 --> 00:09:17,240 Speaker 1: But they just set on a course to get the 154 00:09:17,240 --> 00:09:20,199 Speaker 1: easy suspects, and that was it. I was just profiled, 155 00:09:20,200 --> 00:09:27,959 Speaker 1: and the husband is always guilty. At the time she died, 156 00:09:28,120 --> 00:09:30,560 Speaker 1: that were forty six miles away in another city, in 157 00:09:30,559 --> 00:09:33,240 Speaker 1: another county, and I was in a building with thirty people. 158 00:09:33,400 --> 00:09:37,240 Speaker 1: It was a secure bullet the traffic for troll and 159 00:09:37,400 --> 00:09:39,560 Speaker 1: was allowed to testify the time at death based on 160 00:09:39,640 --> 00:09:42,800 Speaker 1: his vast experience with their bodies, which of course we've 161 00:09:42,920 --> 00:09:48,280 Speaker 1: now proven his alfuls. Real doctors said their injuries on 162 00:09:48,360 --> 00:09:50,560 Speaker 1: my wife as are two hours old prior to death, 163 00:09:50,679 --> 00:09:52,920 Speaker 1: determined she had been dead for several hours. Who I 164 00:09:52,960 --> 00:09:59,800 Speaker 1: got home. Police have total control over the cranching and 165 00:10:00,000 --> 00:10:03,079 Speaker 1: in the corners investigator whose job the crime scene is 166 00:10:03,240 --> 00:10:07,319 Speaker 1: the body, did not have an opportunity to examine the 167 00:10:07,360 --> 00:10:10,440 Speaker 1: body and collect the information that would have made it 168 00:10:10,440 --> 00:10:14,160 Speaker 1: easy to determine time of death. The two doctors who 169 00:10:14,400 --> 00:10:17,880 Speaker 1: did look at the case independently for the defense had 170 00:10:17,920 --> 00:10:19,920 Speaker 1: to look at poor feel stuff, you know, things like 171 00:10:20,040 --> 00:10:23,200 Speaker 1: photographs of injuries and said, well, injuries over two hours 172 00:10:23,240 --> 00:10:26,679 Speaker 1: prior to death, But they didn't get the body temperatures 173 00:10:26,679 --> 00:10:30,080 Speaker 1: and things like that that would probably be taking I 174 00:10:30,080 --> 00:10:32,560 Speaker 1: think it's a huge mistake for the police in Bill's 175 00:10:32,559 --> 00:10:35,360 Speaker 1: case to have handled the crime scene the way they did, 176 00:10:35,920 --> 00:10:38,440 Speaker 1: But I also know that as a defense lawyer, I 177 00:10:38,520 --> 00:10:41,480 Speaker 1: have to build a case off of reports and photographs 178 00:10:41,880 --> 00:10:45,520 Speaker 1: long after the alleged crime has been committed. I spoke 179 00:10:45,520 --> 00:10:48,480 Speaker 1: with Chris Robinson, the forensic consultant you heard at the 180 00:10:48,480 --> 00:10:51,520 Speaker 1: beginning of the episode, about what kinds of things he 181 00:10:51,559 --> 00:10:54,560 Speaker 1: looks at in the files that he gets and the 182 00:10:54,600 --> 00:10:58,800 Speaker 1: reliability of the forensics that he works with. My name 183 00:10:58,840 --> 00:11:02,800 Speaker 1: is Christopher Robbins, and I'm a forensic consultant. I generally 184 00:11:02,840 --> 00:11:09,359 Speaker 1: examine reports, evidence, documents, photographs, and I report my findings 185 00:11:09,480 --> 00:11:12,960 Speaker 1: back to the attorneys who have hired me. I'm certified 186 00:11:13,000 --> 00:11:17,120 Speaker 1: there as of crime scene reconstruction, ballistics and fires analysis, 187 00:11:17,280 --> 00:11:23,400 Speaker 1: gunshot wounds, blood spatter analysis, shooting reconstruction. See the beautiful 188 00:11:23,400 --> 00:11:25,880 Speaker 1: thing with what I do? Now, they give me the 189 00:11:26,120 --> 00:11:30,400 Speaker 1: entire case file and they say, read this, here's the statements. 190 00:11:30,559 --> 00:11:33,520 Speaker 1: Tell us is our client li? Is he telling the truth? 191 00:11:33,720 --> 00:11:36,040 Speaker 1: Do you think it's validated by what you see? And 192 00:11:36,040 --> 00:11:39,320 Speaker 1: then I'll report that I'm working a case where an 193 00:11:39,320 --> 00:11:42,880 Speaker 1: individual supposedly shot at his mother down the hallway, and 194 00:11:42,960 --> 00:11:46,000 Speaker 1: she's given all these statements. She said she heard the 195 00:11:46,000 --> 00:11:47,760 Speaker 1: bullet go by your ear. No, you didn't hear the 196 00:11:47,760 --> 00:11:49,600 Speaker 1: bullet go by your hear because it's a forty five, 197 00:11:49,760 --> 00:11:53,040 Speaker 1: so it's not breaking the sound beard. And then the 198 00:11:53,080 --> 00:11:55,839 Speaker 1: holes in the wall are not lined up with her heads. 199 00:11:55,920 --> 00:11:57,720 Speaker 1: I'm saying, you didn't hear the bullet go by your head. 200 00:11:58,280 --> 00:12:00,319 Speaker 1: The fast of the bullet, the sound way just begin 201 00:12:00,400 --> 00:12:02,920 Speaker 1: to spread out perpendicular to the bullet as it moves 202 00:12:02,960 --> 00:12:06,400 Speaker 1: through the air. A slower bullet, they moved with the bullets, 203 00:12:06,400 --> 00:12:08,520 Speaker 1: so the bullet had to almost touch your leg being 204 00:12:08,520 --> 00:12:11,760 Speaker 1: you feel it. Now you hear the concussion from the gun. 205 00:12:12,720 --> 00:12:14,720 Speaker 1: You know you're jerking is a hundred sixty death was 206 00:12:14,920 --> 00:12:19,280 Speaker 1: slow like a chainsaw, an airliner right beside your head. Now, 207 00:12:19,360 --> 00:12:22,079 Speaker 1: I'm already thinking, ma'am, I don't like your story because 208 00:12:22,200 --> 00:12:25,040 Speaker 1: you're telling me what you believe you heard. And that's fine. 209 00:12:25,080 --> 00:12:27,360 Speaker 1: I'm not calling your liar. I'm just saying, that's why 210 00:12:27,400 --> 00:12:31,880 Speaker 1: I like the evidence. The evidence doesn't lie. It's simple. 211 00:12:31,880 --> 00:12:34,839 Speaker 1: When you look at the evidence, you pull trajectory rides 212 00:12:34,960 --> 00:12:38,480 Speaker 1: through the holes of the shot, you triangulate back the 213 00:12:38,520 --> 00:12:42,480 Speaker 1: path of the bullets, how the gun injects, the cartridge cases, 214 00:12:43,120 --> 00:12:46,000 Speaker 1: and when you put all these things together, I'm giving 215 00:12:46,040 --> 00:12:49,240 Speaker 1: the statement and I'm saying, no, ma'am, see, it can't 216 00:12:49,240 --> 00:12:57,120 Speaker 1: happen this way because this is the evidence. One of 217 00:12:57,120 --> 00:12:59,400 Speaker 1: the things Amelia brought up in the last episode was 218 00:12:59,440 --> 00:13:02,760 Speaker 1: how for six science needs to change and evolve with 219 00:13:03,000 --> 00:13:09,600 Speaker 1: new technology. Blood spatter is very expeclative. You have three 220 00:13:09,720 --> 00:13:12,880 Speaker 1: or four people look at the same blood spatter and 221 00:13:13,320 --> 00:13:16,840 Speaker 1: they'll give you a different variation of what they see. 222 00:13:17,600 --> 00:13:20,120 Speaker 1: You have to be careful because at a crime scene 223 00:13:20,320 --> 00:13:24,120 Speaker 1: where there's massive amounts of blood spatter, you have transverse things, 224 00:13:24,240 --> 00:13:28,320 Speaker 1: you have cast off stains. You have high velocity meaning velocity, 225 00:13:28,360 --> 00:13:32,000 Speaker 1: low velocity which you might call medium, I might looking good. 226 00:13:32,120 --> 00:13:34,600 Speaker 1: I think it's more like a low velocity. I do 227 00:13:34,679 --> 00:13:36,959 Speaker 1: get into that a lot where they'll call in their 228 00:13:37,200 --> 00:13:39,680 Speaker 1: expert and I'll go up against them, and it's just 229 00:13:39,760 --> 00:13:41,679 Speaker 1: the jury has to listen to us and they make 230 00:13:41,760 --> 00:13:46,240 Speaker 1: the decision. The biggest problem is when the forensics is 231 00:13:46,280 --> 00:13:49,960 Speaker 1: not tested by an outside source. One of the things 232 00:13:49,960 --> 00:13:52,120 Speaker 1: I admire about Chris, and one of the reasons I've 233 00:13:52,200 --> 00:13:54,480 Speaker 1: used him in my own cases, is that he doesn't 234 00:13:54,520 --> 00:13:58,600 Speaker 1: necessarily draw his own unreasonable conclusions, but he lets the 235 00:13:58,679 --> 00:14:02,000 Speaker 1: evidence speak for itself. I mean, I can give my 236 00:14:02,080 --> 00:14:06,000 Speaker 1: opinion what I believe happened, how I believe it happened. 237 00:14:06,520 --> 00:14:11,720 Speaker 1: I can't speak to someone's intentions. The gun accidentally went off. Okay, 238 00:14:11,760 --> 00:14:13,599 Speaker 1: First of all, I'm gonna look at the gun and 239 00:14:13,600 --> 00:14:15,920 Speaker 1: I'm gonna say, this gun is functioning as it was 240 00:14:15,960 --> 00:14:19,920 Speaker 1: designed to function. This gun is perfect. Did you actually 241 00:14:19,960 --> 00:14:22,920 Speaker 1: mean to squeeze this trigger with three pounds, five pounds, 242 00:14:22,960 --> 00:14:25,360 Speaker 1: eight pounds, I said, Once we get the ten or 243 00:14:25,400 --> 00:14:27,840 Speaker 1: twelve pounds, which is a double action trigger, pull a 244 00:14:27,840 --> 00:14:29,680 Speaker 1: heavy trigger pull, which means you have to pull the 245 00:14:29,720 --> 00:14:32,040 Speaker 1: trigger all the way to the rear. I'm gonna look 246 00:14:32,080 --> 00:14:35,960 Speaker 1: at you and go you didn't accidentally pull with twelve pounds. Now, 247 00:14:35,960 --> 00:14:37,520 Speaker 1: when you have a gun, it's a two or three 248 00:14:37,520 --> 00:14:40,560 Speaker 1: pound trigger pool. What were the circumstances. I took my 249 00:14:40,640 --> 00:14:43,840 Speaker 1: gun down off the counter. You came in and grabbed 250 00:14:43,840 --> 00:14:47,080 Speaker 1: the gun, and then what's your instinct. I'm gonna pull 251 00:14:47,120 --> 00:14:49,240 Speaker 1: away from you. So if you grab the gun and 252 00:14:49,280 --> 00:14:51,720 Speaker 1: pull towards you and I pull away from you, we 253 00:14:51,800 --> 00:14:54,880 Speaker 1: start to divide that way to the trigger pull. I 254 00:14:54,960 --> 00:14:58,000 Speaker 1: better look at your body though. You better have gunpowder 255 00:14:58,040 --> 00:15:00,440 Speaker 1: all over your clothing. You better have stiff knowing your 256 00:15:00,480 --> 00:15:03,880 Speaker 1: skin because she better be within three feet and they 257 00:15:03,960 --> 00:15:05,760 Speaker 1: better have powder all over you for you to reach 258 00:15:05,800 --> 00:15:11,640 Speaker 1: out and grab that gun. When he's brought in to testify, 259 00:15:11,840 --> 00:15:16,120 Speaker 1: his role is to satisfy the jury's desire for that physical, 260 00:15:16,480 --> 00:15:20,720 Speaker 1: hands on type of evidence. Sometimes that can even mean 261 00:15:21,000 --> 00:15:24,920 Speaker 1: putting on something of a show for the jury. When 262 00:15:24,920 --> 00:15:26,360 Speaker 1: you go in there and I'm rolling around on the 263 00:15:26,400 --> 00:15:30,160 Speaker 1: floor in front of the jury, they're amazed. I'm always 264 00:15:30,200 --> 00:15:33,720 Speaker 1: told when I come in, the jury perks up I'm 265 00:15:33,760 --> 00:15:37,160 Speaker 1: talking about guns. I'm not talking about d NA where 266 00:15:37,360 --> 00:15:40,360 Speaker 1: god forbid, you're talking about wanting the quadri and the 267 00:15:40,440 --> 00:15:45,000 Speaker 1: low sign. They get glaze over when I talk about guns. 268 00:15:45,080 --> 00:15:48,120 Speaker 1: Everybody's seen again a bullet my cartridge case. They really 269 00:15:48,120 --> 00:15:49,880 Speaker 1: get up. And then I get off the stand and 270 00:15:49,880 --> 00:15:51,920 Speaker 1: they say, show us how this happened. And I'm rolling 271 00:15:51,920 --> 00:15:54,280 Speaker 1: around the floor where I get out the dummy. These 272 00:15:54,320 --> 00:15:57,160 Speaker 1: people go, what is this guy doing? Now? I tell 273 00:15:57,200 --> 00:16:01,160 Speaker 1: people you play to the strengths. If you can do 274 00:16:01,200 --> 00:16:03,600 Speaker 1: a recreation, I say, you want me to get a 275 00:16:03,920 --> 00:16:06,840 Speaker 1: Then the jury starts to think, now I understand, this 276 00:16:06,880 --> 00:16:11,480 Speaker 1: is how it happened. Photograph is great, pictures worth a 277 00:16:11,480 --> 00:16:15,360 Speaker 1: thousand words, But a recreation in front of the court, 278 00:16:15,680 --> 00:16:19,400 Speaker 1: it's it's amazing. I've seen Chris work. I've seen him 279 00:16:19,400 --> 00:16:21,400 Speaker 1: in court. I've seen him out of court. I've seen 280 00:16:21,480 --> 00:16:25,000 Speaker 1: him test firing unloaded firearms. I've seen him wrestling with 281 00:16:25,080 --> 00:16:28,680 Speaker 1: dummies in a courtroom. It's a strong visual. It grabs 282 00:16:28,680 --> 00:16:31,520 Speaker 1: the jury's attention and it keeps them interested. In any time. 283 00:16:31,600 --> 00:16:34,200 Speaker 1: As a lawyer, you get the opportunity to educate a 284 00:16:34,280 --> 00:16:37,560 Speaker 1: jury and keep their attention and have them learn something 285 00:16:37,600 --> 00:16:40,120 Speaker 1: that they did not know about before. I'm going to 286 00:16:40,160 --> 00:16:58,080 Speaker 1: take advantage of that opportunity. I found my wife at midnight, 287 00:16:58,160 --> 00:17:01,360 Speaker 1: so I've been up since about seven that morning, and 288 00:17:01,440 --> 00:17:04,639 Speaker 1: they let me go five or six and next afternoon, 289 00:17:04,800 --> 00:17:07,880 Speaker 1: so I've been up thirty some hours without sleep, probably 290 00:17:07,920 --> 00:17:12,600 Speaker 1: twenty some hours without food, and under intense interrogation, you know, 291 00:17:12,640 --> 00:17:16,800 Speaker 1: trying to get me to confess. I came down again 292 00:17:17,000 --> 00:17:19,399 Speaker 1: trying to help them. I thought they would actually start 293 00:17:19,440 --> 00:17:22,000 Speaker 1: looking for the real killer, which of course was my 294 00:17:22,080 --> 00:17:24,080 Speaker 1: mistake because they didn't. So I was actually in the 295 00:17:24,080 --> 00:17:27,960 Speaker 1: police station for another fifteen hours of intense interrogation, which 296 00:17:28,000 --> 00:17:30,840 Speaker 1: is not what I came down there for. Then they 297 00:17:30,880 --> 00:17:32,560 Speaker 1: just finally said, well, if you want admit you did it, 298 00:17:32,600 --> 00:17:35,080 Speaker 1: you're under arrest. I always thought, okay, what if I 299 00:17:35,080 --> 00:17:38,679 Speaker 1: did admitted I've been at all. It was such a 300 00:17:38,760 --> 00:17:43,240 Speaker 1: stupid thing to say. That's why you get so many 301 00:17:43,320 --> 00:17:46,520 Speaker 1: false confessions. I can tell you happens. Been through these things, 302 00:17:46,640 --> 00:17:48,480 Speaker 1: I could see why people just give up the crack 303 00:17:48,800 --> 00:17:50,560 Speaker 1: of the same thing you watch, it's only your own 304 00:17:52,000 --> 00:17:54,800 Speaker 1: I listened to tape. There's an edit tape that they 305 00:17:54,840 --> 00:17:57,639 Speaker 1: claimed this was interrogation, but of course, there's only thirty 306 00:17:57,640 --> 00:18:00,080 Speaker 1: hours of interrogation. They have a two hour tape. But 307 00:18:00,160 --> 00:18:02,880 Speaker 1: even on that I hear myself giving them things that 308 00:18:03,000 --> 00:18:05,439 Speaker 1: I didn't want to say because I didn't remember or 309 00:18:05,440 --> 00:18:07,760 Speaker 1: didn't think they were true. But I assureman have said 310 00:18:07,800 --> 00:18:14,440 Speaker 1: I did anything wrong. The first lawyer was very good, 311 00:18:14,480 --> 00:18:17,800 Speaker 1: but he was a public defender. I had considerable equity 312 00:18:17,800 --> 00:18:19,680 Speaker 1: in my land and stuff. I could have hired a 313 00:18:19,760 --> 00:18:22,520 Speaker 1: big name lawyer. I had one lined up, and that's 314 00:18:22,520 --> 00:18:26,200 Speaker 1: when I found out that froze my assets. They had 315 00:18:26,320 --> 00:18:30,600 Speaker 1: not arrested me the first night, which surprised everybody that 316 00:18:30,600 --> 00:18:32,760 Speaker 1: they did a few weeks later. But in that period 317 00:18:32,760 --> 00:18:36,440 Speaker 1: of time they filed papers to freeze my assets. Oh, 318 00:18:36,520 --> 00:18:38,320 Speaker 1: I had a good name attorney, he would have walked 319 00:18:38,400 --> 00:18:40,520 Speaker 1: up and they're told the court, look, there's no evidence, 320 00:18:40,560 --> 00:18:42,320 Speaker 1: let him go. And it makes all the difference in 321 00:18:42,320 --> 00:18:45,600 Speaker 1: the world. Now we have such a fast amount of 322 00:18:45,640 --> 00:18:48,160 Speaker 1: advience of innocence, and we have DNA, we have hair, 323 00:18:48,440 --> 00:18:50,919 Speaker 1: we have all signs of things that proved I'm not 324 00:18:51,000 --> 00:18:54,359 Speaker 1: the killer. But when you sit there and trial and 325 00:18:54,520 --> 00:18:58,359 Speaker 1: you had no investigation and so forth to help you, 326 00:18:58,640 --> 00:19:01,639 Speaker 1: it's kind of a one side it's system like the 327 00:19:01,680 --> 00:19:04,520 Speaker 1: other auxonorees this season. I asked Bill what he thought 328 00:19:04,560 --> 00:19:07,960 Speaker 1: the biggest factor was in the jury finding him guilty 329 00:19:08,240 --> 00:19:10,920 Speaker 1: this time. It was something all of our forensic experts 330 00:19:11,000 --> 00:19:15,480 Speaker 1: have brought up time and again, fight evidence. There's a 331 00:19:15,560 --> 00:19:17,440 Speaker 1: bite on her hand that I saw at the funeral. 332 00:19:18,080 --> 00:19:20,399 Speaker 1: Because at the time I believe that these strengths of 333 00:19:20,440 --> 00:19:23,439 Speaker 1: sciences are real, I've now learned that they're mostly jumped. 334 00:19:24,440 --> 00:19:27,200 Speaker 1: The jury was told this is mine, and it turns 335 00:19:27,240 --> 00:19:31,200 Speaker 1: out that when they did computer comparisons after conviction, none 336 00:19:31,200 --> 00:19:34,640 Speaker 1: of that was true. And that was the only thing 337 00:19:34,680 --> 00:19:37,920 Speaker 1: that really changed in the last trial was fite evidence. 338 00:19:39,240 --> 00:19:41,320 Speaker 1: That's pretty damning when you come in here and to 339 00:19:41,440 --> 00:19:43,479 Speaker 1: throwing all his garbage at the wall. Oh, he had 340 00:19:43,600 --> 00:19:46,800 Speaker 1: arguments every couple as argument. They beat you up with 341 00:19:46,840 --> 00:19:49,879 Speaker 1: all this stuff that kids anybody shaft they make it 342 00:19:49,920 --> 00:19:53,280 Speaker 1: must sound much worse. But when you sit there and say, look, 343 00:19:53,720 --> 00:19:56,800 Speaker 1: there's a bite on her body from the fight and 344 00:19:57,240 --> 00:20:03,200 Speaker 1: it's his, how could they let me go? I wanted 345 00:20:03,240 --> 00:20:06,040 Speaker 1: to know more about bite mark science, or as it's 346 00:20:06,080 --> 00:20:12,000 Speaker 1: more formally known, forensic odontology. This is dr Adam Freeman. 347 00:20:13,440 --> 00:20:17,800 Speaker 1: I'm a forensic odontologist located out of Westport, Connecticut, and 348 00:20:17,880 --> 00:20:21,840 Speaker 1: I am the current chair of the Odontology Section of 349 00:20:21,880 --> 00:20:27,399 Speaker 1: the American Academy of Forensic Sciences. My office Westport, Connecticut 350 00:20:27,560 --> 00:20:30,199 Speaker 1: is very close to New York City, where about a 351 00:20:30,240 --> 00:20:34,720 Speaker 1: forty five minute drive, and in the aftermath of nine eleven, 352 00:20:34,960 --> 00:20:39,639 Speaker 1: we lost several patients. As part of that process, it 353 00:20:39,840 --> 00:20:46,879 Speaker 1: became very apparent that there was not enough people involved 354 00:20:46,880 --> 00:20:52,000 Speaker 1: at a very granular level that really knew forensics. So 355 00:20:52,119 --> 00:20:54,800 Speaker 1: my example would be there were some dentists that had 356 00:20:55,119 --> 00:20:59,560 Speaker 1: done some identification work, but really no formal education in 357 00:21:00,040 --> 00:21:02,959 Speaker 1: the totality of forensics, and they typically were the leaders 358 00:21:03,000 --> 00:21:06,800 Speaker 1: of these operations. And I'm one of those people that 359 00:21:06,920 --> 00:21:09,560 Speaker 1: I don't like to be a little bit educated in something. 360 00:21:09,560 --> 00:21:11,320 Speaker 1: If I'm gonna do something, I really want to be 361 00:21:11,400 --> 00:21:13,119 Speaker 1: the guy or one of the guys that knows the 362 00:21:13,240 --> 00:21:17,520 Speaker 1: most about it. So there really are three areas that 363 00:21:17,760 --> 00:21:22,760 Speaker 1: brensic Good ontology are used in criminal cases. One and 364 00:21:22,920 --> 00:21:25,800 Speaker 1: probably the one that I am most proud of in 365 00:21:25,840 --> 00:21:31,240 Speaker 1: our field is dental identification. Often people are found dead 366 00:21:31,640 --> 00:21:35,879 Speaker 1: and they need to be scientifically identified, and very often 367 00:21:36,000 --> 00:21:40,800 Speaker 1: teeth are used as that identification. Also as an outshoot 368 00:21:40,840 --> 00:21:43,520 Speaker 1: of that is where there's a mass disaster like Hurricane 369 00:21:43,600 --> 00:21:47,160 Speaker 1: Katrino or nine eleven or Hurricane I, where dentists are 370 00:21:47,160 --> 00:21:51,639 Speaker 1: called in to do identifications on lots of people, you 371 00:21:51,720 --> 00:21:55,000 Speaker 1: are giving back a person the dignity of dying with 372 00:21:55,080 --> 00:22:01,439 Speaker 1: a name. Another area is bite mark identify accation, and 373 00:22:01,560 --> 00:22:05,120 Speaker 1: that is much more controversial today, and I have testified 374 00:22:05,160 --> 00:22:09,959 Speaker 1: in several of those cases. And then there's dental age estimation, 375 00:22:10,160 --> 00:22:15,280 Speaker 1: which is becoming much more controversial because of the way 376 00:22:15,280 --> 00:22:18,040 Speaker 1: it's being applied versus the way I believe it was 377 00:22:18,080 --> 00:22:23,879 Speaker 1: originally designed to be applied. Bite mark identification of a 378 00:22:23,920 --> 00:22:29,000 Speaker 1: perpetrator has at its space several hypotheses. The first one 379 00:22:29,400 --> 00:22:33,359 Speaker 1: is that teeth are unique to an individual. Only a 380 00:22:33,640 --> 00:22:37,760 Speaker 1: individual has teeth of a certain shape, size, and arrangement. 381 00:22:38,320 --> 00:22:43,119 Speaker 1: That hypothesis has never been proven. The second hypothesis is 382 00:22:43,680 --> 00:22:50,720 Speaker 1: skin can accurately record a bite. That also has never 383 00:22:50,760 --> 00:22:56,400 Speaker 1: been proven. The scientific research currently doesn't even suggest that 384 00:22:56,680 --> 00:23:01,159 Speaker 1: experts can even identify with some real liability what a 385 00:23:01,160 --> 00:23:05,600 Speaker 1: bite mark looks like. As an example of that, myself 386 00:23:05,640 --> 00:23:08,159 Speaker 1: and a colleague of mine, dr Ian Pretty out of 387 00:23:08,200 --> 00:23:12,639 Speaker 1: Manchester England. We sent every board certified forensic dennis a 388 00:23:12,720 --> 00:23:16,720 Speaker 1: hundred different cases where there were several photographs and said, 389 00:23:16,800 --> 00:23:20,920 Speaker 1: is this a bite mark? Very similar to what happens 390 00:23:21,200 --> 00:23:24,640 Speaker 1: when I'm presented a case. When I'm presented a case, 391 00:23:24,720 --> 00:23:29,960 Speaker 1: typically law enforcement will send some images of a suspected 392 00:23:30,040 --> 00:23:32,320 Speaker 1: injury that they think might be a bite mark, and 393 00:23:32,400 --> 00:23:34,719 Speaker 1: my job is to opine as to whether or not 394 00:23:35,160 --> 00:23:38,199 Speaker 1: that injury is or is not a bite mark. What 395 00:23:38,320 --> 00:23:40,600 Speaker 1: we did is we did that same sort of experiment 396 00:23:40,920 --> 00:23:44,000 Speaker 1: and there was widespread disagreement as to whether or not 397 00:23:44,160 --> 00:23:46,600 Speaker 1: an injury that they were looking at was in fact 398 00:23:46,600 --> 00:23:51,760 Speaker 1: a bite mark. So the ground science that predisposes us 399 00:23:51,840 --> 00:23:55,160 Speaker 1: the ability to do this bite mark work isn't there. 400 00:23:55,480 --> 00:23:59,520 Speaker 1: Yet the work continues to be done. There are those 401 00:23:59,560 --> 00:24:03,440 Speaker 1: who have to me, I believe that this is possible, 402 00:24:03,480 --> 00:24:07,439 Speaker 1: And my response typically is when issues of life and 403 00:24:07,520 --> 00:24:11,879 Speaker 1: liberty are at state, your belief as to whether or 404 00:24:11,920 --> 00:24:15,119 Speaker 1: not something can be done is not important. It's whether 405 00:24:15,200 --> 00:24:19,800 Speaker 1: or not you can scientifically support your opinions. And the 406 00:24:19,920 --> 00:24:23,520 Speaker 1: science is not there for bite marks. It is my 407 00:24:23,560 --> 00:24:25,840 Speaker 1: opinion that bite marks shouldn't be used in courts of 408 00:24:25,960 --> 00:24:29,959 Speaker 1: law at all until we produce some science that suggests 409 00:24:30,160 --> 00:24:33,720 Speaker 1: that forensico and ontologists can agree generally on what a 410 00:24:33,760 --> 00:24:37,680 Speaker 1: bite mark is. I think actually, in Bill Richards case, 411 00:24:37,880 --> 00:24:40,520 Speaker 1: and looking at that bite mark, I'm not sure that 412 00:24:40,520 --> 00:24:44,119 Speaker 1: that's even a bite mark. Dr Freeman has seen the 413 00:24:44,160 --> 00:24:47,119 Speaker 1: evidence in Bill's case firsthand, so I asked him for 414 00:24:47,160 --> 00:24:56,120 Speaker 1: his professional opinion on the evidence left on Bill's wife's hand. So, 415 00:24:56,280 --> 00:24:58,800 Speaker 1: in that particular case, what you're looking at is there's 416 00:24:58,840 --> 00:25:02,040 Speaker 1: a very diffuse bruise of the bite mark, or what 417 00:25:02,080 --> 00:25:05,440 Speaker 1: I would call the patterned injury. I didn't see anything 418 00:25:05,840 --> 00:25:08,639 Speaker 1: on the other side of the hand. For a bite 419 00:25:08,680 --> 00:25:12,359 Speaker 1: to happen, tissue has to be crushed between the upper 420 00:25:12,400 --> 00:25:15,399 Speaker 1: and lower teeth to leave a bruise. And that's really 421 00:25:15,400 --> 00:25:18,480 Speaker 1: one of the problems with bite marks. When somebody has bitten, 422 00:25:18,720 --> 00:25:22,920 Speaker 1: how you bruise versus how I bruise could be very different, 423 00:25:23,359 --> 00:25:26,000 Speaker 1: the type of skin you have, the coloration of your skin. 424 00:25:26,520 --> 00:25:29,280 Speaker 1: All of the listeners here, I'm sure have had situations 425 00:25:29,280 --> 00:25:32,160 Speaker 1: where they bump into something and they bruise and other 426 00:25:32,200 --> 00:25:35,640 Speaker 1: people don't. And then clearly when you look at the 427 00:25:35,720 --> 00:25:39,800 Speaker 1: injury on Mrs Richard's hand, it's a very wide bruise 428 00:25:39,960 --> 00:25:44,040 Speaker 1: teeth are very narrow. That surely isn't individual teeth you're 429 00:25:44,040 --> 00:25:47,000 Speaker 1: looking at, and I surely would have swabbed it for 430 00:25:47,119 --> 00:25:51,160 Speaker 1: DNA and suggested it be swabbed for salivary amilais that 431 00:25:51,240 --> 00:25:55,879 Speaker 1: injury surely does not belong in a criminal court. I 432 00:25:55,920 --> 00:25:58,400 Speaker 1: think that the place that bite marks have, and probably 433 00:25:58,440 --> 00:26:01,800 Speaker 1: the strongest piece we have for them, is that if 434 00:26:01,840 --> 00:26:04,760 Speaker 1: you see something that looks like a suspected bite mark, 435 00:26:05,160 --> 00:26:07,480 Speaker 1: what a good friends to go to ontologists should do 436 00:26:07,560 --> 00:26:10,280 Speaker 1: is instruct the police in the medical examiner's office to 437 00:26:10,640 --> 00:26:16,800 Speaker 1: swab that area for both DNA and salivary emilies. So 438 00:26:16,880 --> 00:26:21,119 Speaker 1: salivary amilies is an enzyme that is in human saliva, 439 00:26:21,240 --> 00:26:25,520 Speaker 1: so that would show that it is human and secondly DNA. 440 00:26:26,080 --> 00:26:31,240 Speaker 1: That is a great purpose for human bite marks. I 441 00:26:31,320 --> 00:26:34,119 Speaker 1: don't think a lot of the people who did bite 442 00:26:34,119 --> 00:26:40,560 Speaker 1: mark cases early on went into it with some malicious attitude. 443 00:26:40,600 --> 00:26:42,360 Speaker 1: I think that they went into it thinking they were 444 00:26:42,400 --> 00:26:46,760 Speaker 1: doing what was cutting edge science. Where I find it 445 00:26:47,000 --> 00:26:50,760 Speaker 1: reprehensible is that when science has presented itself showing that 446 00:26:50,800 --> 00:26:54,760 Speaker 1: what they believed isn't in fact true, they typically don't 447 00:26:54,760 --> 00:26:58,320 Speaker 1: accept the science itself. What they do is they say, well, 448 00:26:58,640 --> 00:27:00,800 Speaker 1: let's not throw the baby out with the bath water. 449 00:27:01,720 --> 00:27:06,320 Speaker 1: I absolutely believe that it is morally wrong to use 450 00:27:06,960 --> 00:27:11,640 Speaker 1: questionable forensics in criminal trials where there's issues of life 451 00:27:11,680 --> 00:27:14,960 Speaker 1: and liberty, and it should not be done by anybody 452 00:27:15,080 --> 00:27:19,240 Speaker 1: until the science supports it. And when people fight so 453 00:27:19,320 --> 00:27:25,800 Speaker 1: hard to keep a modality that has not been scientifically supported, 454 00:27:26,119 --> 00:27:31,000 Speaker 1: it makes me question their motives. I also question those motives, 455 00:27:31,040 --> 00:27:33,600 Speaker 1: and I wonder why someone would be more interested in 456 00:27:33,720 --> 00:27:37,480 Speaker 1: validating a belief than in finding the actual truth. But 457 00:27:37,600 --> 00:27:41,000 Speaker 1: I think this happens more than people know. I can 458 00:27:41,080 --> 00:27:43,520 Speaker 1: understand that people feel pride in their work, and on 459 00:27:43,680 --> 00:27:46,760 Speaker 1: some level they might not want it question. But like 460 00:27:46,920 --> 00:27:50,000 Speaker 1: Dr Freeman said, when it comes to something as precious 461 00:27:50,160 --> 00:27:54,639 Speaker 1: as one's life or their liberty, someone's personal ego just 462 00:27:54,720 --> 00:28:13,520 Speaker 1: should not get in the way. Yeah, first trial was deadlocked, 463 00:28:13,520 --> 00:28:17,680 Speaker 1: I think offishally they say six to six. Second one 464 00:28:18,000 --> 00:28:20,840 Speaker 1: was declared to mistrial because the judge was talking to 465 00:28:21,320 --> 00:28:24,680 Speaker 1: somebody connected with one of the jurors. And then it 466 00:28:24,800 --> 00:28:28,840 Speaker 1: went to a bird trial which was also deadlocked. And 467 00:28:28,920 --> 00:28:32,879 Speaker 1: the last trial, even with the bite evidence, came back deadlocked, 468 00:28:33,000 --> 00:28:35,880 Speaker 1: but the judge was used to accept it and ordered 469 00:28:35,920 --> 00:28:37,399 Speaker 1: them to find the British. She said, I'm going to 470 00:28:37,480 --> 00:28:39,680 Speaker 1: keep you here and see you do. I've had so 471 00:28:39,760 --> 00:28:43,040 Speaker 1: many she would have to let me go. One of 472 00:28:43,080 --> 00:28:46,480 Speaker 1: the jurors come in and wanted to talk to my team, 473 00:28:46,640 --> 00:28:49,680 Speaker 1: basically to say she had been bullied in the jury room, 474 00:28:49,800 --> 00:28:52,360 Speaker 1: but the same judge trial judge wouldn't let us talk 475 00:28:52,360 --> 00:28:55,479 Speaker 1: to her. Given that he had so many trials, I 476 00:28:55,560 --> 00:28:58,440 Speaker 1: was curious as to what kinds of deals might have 477 00:28:58,480 --> 00:29:02,520 Speaker 1: been offered to build behind the scenes. They offered deals 478 00:29:02,640 --> 00:29:06,040 Speaker 1: mostly after the first draw they took a real beating. 479 00:29:06,280 --> 00:29:09,840 Speaker 1: They started offering the time served. Actually, by that time 480 00:29:09,880 --> 00:29:11,760 Speaker 1: I've been in less than two years. So they said, 481 00:29:11,800 --> 00:29:15,400 Speaker 1: did two year low deal, low term man sladder. But 482 00:29:15,520 --> 00:29:17,760 Speaker 1: I couldn't do that. I didn't do this, you know. 483 00:29:17,760 --> 00:29:19,800 Speaker 1: I took my gamble and fought it all the way. 484 00:29:21,920 --> 00:29:24,320 Speaker 1: As a defense attorney, it's in my interest to get 485 00:29:24,360 --> 00:29:27,720 Speaker 1: the best outcome possible for my clients, and sometimes that 486 00:29:27,800 --> 00:29:31,680 Speaker 1: means making a deal. In fact, the vast majority of 487 00:29:31,680 --> 00:29:35,480 Speaker 1: criminal cases are resolved through some type of negotiated agreement. 488 00:29:35,960 --> 00:29:38,960 Speaker 1: I completely understand Bill's hesitation here to plead guilty to 489 00:29:39,000 --> 00:29:41,720 Speaker 1: a crime he did not commit. I see people every 490 00:29:41,800 --> 00:29:45,120 Speaker 1: day who were asked to make compromises, and sometimes they're 491 00:29:45,200 --> 00:29:50,520 Speaker 1: compromises that people just can't make. Bill Richards was convicted 492 00:29:50,520 --> 00:29:53,480 Speaker 1: of first degree murder and served twenty three years of 493 00:29:53,520 --> 00:29:56,480 Speaker 1: a life sentence. You go in there, You've got to 494 00:29:56,520 --> 00:29:59,360 Speaker 1: learn a hole new language, a whole new packing order 495 00:30:00,040 --> 00:30:02,960 Speaker 1: thin and there's such strange conditions. You have all the 496 00:30:03,000 --> 00:30:05,480 Speaker 1: different gangs, and you have all the different factions in 497 00:30:05,520 --> 00:30:08,120 Speaker 1: each game. You have to adapt, you have to you 498 00:30:08,160 --> 00:30:13,280 Speaker 1: have to survive, and that's not easy. I kind of 499 00:30:13,320 --> 00:30:15,240 Speaker 1: described it like being in the bottom of a well. 500 00:30:15,920 --> 00:30:18,560 Speaker 1: You're looking up at this You know you're innocent, you 501 00:30:18,640 --> 00:30:22,120 Speaker 1: know what their sayings lie, but you can't get any representation. 502 00:30:22,320 --> 00:30:26,640 Speaker 1: NET would stand up and present this. Got a description 503 00:30:26,680 --> 00:30:29,320 Speaker 1: be jumping out of airplane a lot of parachute. You 504 00:30:29,320 --> 00:30:32,040 Speaker 1: know you're gonna die, but you just keep lapping around. Anyway, 505 00:30:34,280 --> 00:30:38,000 Speaker 1: My assets were gone. I've lost everything I had. In 506 00:30:38,120 --> 00:30:39,840 Speaker 1: the prison. They put me to work a couple of 507 00:30:39,880 --> 00:30:42,920 Speaker 1: times in shops for the number of years where I 508 00:30:43,000 --> 00:30:45,280 Speaker 1: was teaching the staff. I was teaching the other inmates 509 00:30:45,320 --> 00:30:48,000 Speaker 1: how to do all these things, designing and building things 510 00:30:48,080 --> 00:30:50,960 Speaker 1: for them. They had all these things that need to 511 00:30:51,000 --> 00:30:52,880 Speaker 1: be done, and nobody had a crew how to do it. 512 00:30:53,040 --> 00:30:55,720 Speaker 1: You know, I had to over twenty years background and 513 00:30:56,000 --> 00:30:58,200 Speaker 1: uh I was teaching them how to do all these things, 514 00:30:58,280 --> 00:31:01,280 Speaker 1: how to build things, how to design is under structural strength, 515 00:31:01,400 --> 00:31:04,320 Speaker 1: how power would have to run, and so on. You'd 516 00:31:04,360 --> 00:31:07,520 Speaker 1: make thirty two cents an hour, and they take back 517 00:31:10,240 --> 00:31:14,040 Speaker 1: made fourteen tents an hour, and that doesn't go real 518 00:31:14,160 --> 00:31:17,880 Speaker 1: far because prices in the canteen, you know, the prison 519 00:31:17,960 --> 00:31:23,440 Speaker 1: stores are expensive. I was very angry for a long time, 520 00:31:23,920 --> 00:31:27,920 Speaker 1: but eventually I think you just rejectedn't go on. You 521 00:31:28,000 --> 00:31:32,000 Speaker 1: can't stay angry for twenty five years. They'll burn you out. 522 00:31:32,120 --> 00:31:36,600 Speaker 1: If you do, You're gonna be one miserable person. I'm 523 00:31:36,960 --> 00:31:41,200 Speaker 1: very very unhappy, but that anger. Anger is a reactionary emotion, 524 00:31:41,720 --> 00:31:44,240 Speaker 1: and you just can't maintain that for so many years. 525 00:31:46,160 --> 00:31:49,840 Speaker 1: Bill was exonerated and eventually released in two thousand sixteen. 526 00:31:50,600 --> 00:31:53,960 Speaker 1: Unlike our other exonorees, his case was so personal. He 527 00:31:54,360 --> 00:31:57,640 Speaker 1: lost everything, including his wife. So I asked him if 528 00:31:57,760 --> 00:32:00,760 Speaker 1: at the very least they caught the person who murdered 529 00:32:01,000 --> 00:32:05,440 Speaker 1: his wife. No, because personally, I don't believe the police 530 00:32:05,480 --> 00:32:09,880 Speaker 1: ever looked. I know they didn't look. It's all comes 531 00:32:09,920 --> 00:32:12,080 Speaker 1: back to the police. They decided the first night I 532 00:32:12,320 --> 00:32:14,239 Speaker 1: was the guy they told the friends of people who 533 00:32:14,320 --> 00:32:18,840 Speaker 1: worked under them, and that was it. Everything just went down, 534 00:32:18,920 --> 00:32:21,720 Speaker 1: Like I feel like falling out of an airplane. You're 535 00:32:21,720 --> 00:32:24,840 Speaker 1: going to die. It's gone down because everybody is working 536 00:32:24,920 --> 00:32:30,160 Speaker 1: against you. Before we wrap up forensic science, I wanted 537 00:32:30,200 --> 00:32:33,960 Speaker 1: to bring back Justin Brooks from the California Innocence Project. 538 00:32:34,760 --> 00:32:39,040 Speaker 1: He sees cases like bills all the time. We've got 539 00:32:39,120 --> 00:32:42,920 Speaker 1: an innocence organization in Holland, and when I go over there, 540 00:32:43,040 --> 00:32:46,400 Speaker 1: there's so much more scrutiny given there's so many more resources, 541 00:32:46,520 --> 00:32:49,800 Speaker 1: and they still have wrongful convictions. So all we can 542 00:32:49,880 --> 00:32:53,480 Speaker 1: do is is minimize the number of wrongful convictions. And 543 00:32:53,680 --> 00:32:56,600 Speaker 1: the best way to minimize it is through education and training. 544 00:32:57,520 --> 00:32:59,479 Speaker 1: Like one of the things that's always made me crazy 545 00:32:59,600 --> 00:33:01,760 Speaker 1: is it. See, the defense has a lot more trouble 546 00:33:01,880 --> 00:33:06,320 Speaker 1: getting scientific resources than the government has. So when a 547 00:33:06,400 --> 00:33:09,760 Speaker 1: defense attorney wants to get testing done, wants access to 548 00:33:09,840 --> 00:33:13,200 Speaker 1: the labs, wants to get the same kind of ability 549 00:33:13,240 --> 00:33:16,200 Speaker 1: to develop evidence as the government has, they don't have 550 00:33:16,280 --> 00:33:20,440 Speaker 1: the same resources there's just a lot of pseudo science 551 00:33:20,520 --> 00:33:22,680 Speaker 1: out there. But the problem is a lot of times 552 00:33:22,720 --> 00:33:25,920 Speaker 1: these jurors treat all these sciences the same, if you 553 00:33:25,960 --> 00:33:29,320 Speaker 1: have an expert saying it's a science. We've seen the 554 00:33:29,400 --> 00:33:31,960 Speaker 1: same thing in the area of arson that in the 555 00:33:32,040 --> 00:33:35,480 Speaker 1: past a lot of the arson experts were actually just 556 00:33:35,760 --> 00:33:38,400 Speaker 1: board firemen who loves C. S I and had a 557 00:33:38,440 --> 00:33:40,840 Speaker 1: lot of time on their hands. So you have a 558 00:33:40,920 --> 00:33:43,200 Speaker 1: bunch of people who are sitting in prison on bad 559 00:33:43,320 --> 00:33:47,160 Speaker 1: fire science. So I think we have a real problem 560 00:33:47,240 --> 00:33:51,960 Speaker 1: with expertise in these areas and jurors when they hear 561 00:33:52,080 --> 00:33:56,560 Speaker 1: this stuff, they're convicting because an expert stands up and says, 562 00:33:56,560 --> 00:33:59,400 Speaker 1: in my expert opinion, this person is guilty. Here's why 563 00:34:00,200 --> 00:34:09,000 Speaker 1: you get convictions. One of the things that's important to 564 00:34:09,040 --> 00:34:11,320 Speaker 1: me in my work and in this show is making 565 00:34:11,400 --> 00:34:14,720 Speaker 1: sure that we cover everything from as many sides as possible. 566 00:34:15,160 --> 00:34:17,800 Speaker 1: I've seen the work of Chris Robinson and Tracy Sergeant 567 00:34:17,840 --> 00:34:20,400 Speaker 1: in action, but I also know that many people have 568 00:34:20,520 --> 00:34:24,920 Speaker 1: been wrongfully convicted because of forensic science, or perhaps more accurately, 569 00:34:25,239 --> 00:34:29,360 Speaker 1: because of the misapplication of science or of junk science. 570 00:34:30,280 --> 00:34:32,320 Speaker 1: I think all of the forensic professionals we spoke to 571 00:34:32,440 --> 00:34:35,440 Speaker 1: were right when they said that forensic science should just 572 00:34:35,560 --> 00:34:39,560 Speaker 1: be one of many tools in an investigative toolbox. It's 573 00:34:39,600 --> 00:34:41,600 Speaker 1: important to keep in mind, if you're ever sitting on 574 00:34:41,680 --> 00:34:43,680 Speaker 1: a jury, or if you're just hearing about a trial 575 00:34:43,760 --> 00:34:46,400 Speaker 1: in the news, that science is not perfect, and that 576 00:34:46,520 --> 00:34:50,719 Speaker 1: includes forensic science. There's often more to the story than 577 00:34:50,840 --> 00:34:55,600 Speaker 1: what one piece of information might suggest. Having people like 578 00:34:55,840 --> 00:34:59,160 Speaker 1: Chris or Dr Freeman testifying a courtroom about what their 579 00:34:59,200 --> 00:35:02,800 Speaker 1: discipline can and cannot do is bidely important to getting 580 00:35:02,840 --> 00:35:05,920 Speaker 1: to the true facts of a case. I know how 581 00:35:06,040 --> 00:35:09,359 Speaker 1: important it is to explain all aspects of a case 582 00:35:09,480 --> 00:35:12,200 Speaker 1: to a jury, and the best way I've seen that done, 583 00:35:12,560 --> 00:35:16,040 Speaker 1: especially in cases involving science, is to bring in experts. 584 00:35:16,840 --> 00:35:19,920 Speaker 1: These experts can explain this stuff in a way that 585 00:35:20,040 --> 00:35:23,120 Speaker 1: it's not so complicated and so that a juror who 586 00:35:23,280 --> 00:35:27,040 Speaker 1: is not a scientist can understand the subject matter. As 587 00:35:27,120 --> 00:35:32,239 Speaker 1: forensic science progresses and changes, expert witnesses are becoming increasingly 588 00:35:32,440 --> 00:35:35,520 Speaker 1: vital as a part of a complete and fair trial. 589 00:35:36,760 --> 00:35:40,040 Speaker 1: In my opinion, funds for experts should be available to 590 00:35:40,160 --> 00:35:43,960 Speaker 1: all people, just as the right to counsel is available 591 00:35:44,000 --> 00:35:47,280 Speaker 1: to all people and all stages of the criminal process, 592 00:35:47,440 --> 00:35:51,440 Speaker 1: and that includes a trial. I also want to reiterate 593 00:35:51,520 --> 00:35:55,279 Speaker 1: what Amelia and Dr Freeman both said that one of 594 00:35:55,320 --> 00:35:58,239 Speaker 1: the most important aspects of any science is for the 595 00:35:58,320 --> 00:36:02,360 Speaker 1: disciplines to evolve as new research comes in. We are 596 00:36:02,440 --> 00:36:05,399 Speaker 1: in an incredible age of technology where more and more 597 00:36:05,520 --> 00:36:09,600 Speaker 1: information is available than ever before. As we've become more 598 00:36:09,640 --> 00:36:12,719 Speaker 1: and more dependent on science, it is vitally important that 599 00:36:12,880 --> 00:36:17,000 Speaker 1: we use science responsibly and that we do so accurately. 600 00:36:17,520 --> 00:36:19,279 Speaker 1: A big part of my job is staying up to 601 00:36:19,400 --> 00:36:22,080 Speaker 1: date with new laws and changes in the legal system. 602 00:36:22,840 --> 00:36:25,759 Speaker 1: Scientists are no different. A big part of their job 603 00:36:25,920 --> 00:36:28,880 Speaker 1: is to make sure they are current with the latest science. 604 00:36:30,000 --> 00:36:33,760 Speaker 1: Everyone in the criminal justice system, lawyers, police officers, judges, 605 00:36:33,960 --> 00:36:38,080 Speaker 1: medical examiners, forensic chemists, all these people owe it to 606 00:36:38,239 --> 00:36:41,399 Speaker 1: defendants on trial to be as accurate as possible. As 607 00:36:41,480 --> 00:36:44,560 Speaker 1: Dr Freeman said, a mere belief that something might work 608 00:36:44,760 --> 00:36:49,560 Speaker 1: is not enough. You must base it on science, especially 609 00:36:49,680 --> 00:36:53,279 Speaker 1: when life and liberty are on the line. And the 610 00:36:53,360 --> 00:36:56,239 Speaker 1: next episode will focus on a particular problem that all 611 00:36:56,320 --> 00:36:59,839 Speaker 1: of the Axonorees we've spoken to have brought up. Interrogation 612 00:37:00,000 --> 00:37:08,040 Speaker 1: techniques and false confessions next time on Sworn. This is 613 00:37:08,080 --> 00:37:10,840 Speaker 1: a study published just a few years ago out of Canada. 614 00:37:11,200 --> 00:37:14,440 Speaker 1: With the power of suggestion, they convinced ordinary people that 615 00:37:14,560 --> 00:37:17,120 Speaker 1: as a teenager they committed a crime and the police 616 00:37:17,200 --> 00:37:20,399 Speaker 1: actually came to an investigate, and you know, oftentimes these 617 00:37:20,480 --> 00:37:22,960 Speaker 1: people are trying to figure this out, and you know, 618 00:37:23,200 --> 00:37:25,719 Speaker 1: my mother told you this, It must have happened. I mean, 619 00:37:26,400 --> 00:37:29,759 Speaker 1: did I plan Forrafiti somewhere? And what was I with 620 00:37:29,880 --> 00:37:32,839 Speaker 1: my best friend when we did? And they pretty much 621 00:37:33,000 --> 00:37:42,160 Speaker 1: talked themselves into constructing something that never happened. Sworn is 622 00:37:42,200 --> 00:37:45,839 Speaker 1: a production of Tenderfoot TV and I Heart Radio. Our 623 00:37:45,960 --> 00:37:50,800 Speaker 1: lead producer is Christina Dana. Executive producers are Payne Lindsay 624 00:37:51,080 --> 00:37:54,920 Speaker 1: and Donald Albright for Tenderfoot TV, Matt Frederick and Alex 625 00:37:54,960 --> 00:37:59,600 Speaker 1: Williams for I Heart Radio, and myself Philip Holloway. Additional 626 00:37:59,640 --> 00:38:04,840 Speaker 1: product by Trevor Young, Mason Lindsay, Mike Rooney, Jamie Albright 627 00:38:05,400 --> 00:38:09,080 Speaker 1: and Halle Beadall Original music and sound designed by Makeup 628 00:38:09,160 --> 00:38:12,040 Speaker 1: and Vanity Set. Our theme song is Blood in the 629 00:38:12,120 --> 00:38:16,640 Speaker 1: Water by Layup. Show art and design is by Trevor Eisler. 630 00:38:17,320 --> 00:38:21,480 Speaker 1: Editing by Christina Dana. Mixing and mastering by Mike Rooney 631 00:38:21,600 --> 00:38:24,840 Speaker 1: and Cooper Skinner. Special thanks to the team at I 632 00:38:25,000 --> 00:38:29,040 Speaker 1: Heart Radio from U t a or In Rosenbound and 633 00:38:29,200 --> 00:38:34,239 Speaker 1: Grace Royer, Ryan Nord and Matthew Papa from the Nord 634 00:38:34,320 --> 00:38:38,640 Speaker 1: Group Back Media and Marketing and Station sixteen. I'd also 635 00:38:38,760 --> 00:38:41,800 Speaker 1: like to extend a very personal and special thanks to 636 00:38:42,120 --> 00:38:44,759 Speaker 1: all of our contributors and guests who have helped to 637 00:38:44,920 --> 00:38:48,440 Speaker 1: make all of these episodes possible. You can find Sworn 638 00:38:48,760 --> 00:38:53,840 Speaker 1: on Facebook, Twitter, and Instagram at Sworn podcast and follow 639 00:38:53,960 --> 00:38:57,760 Speaker 1: me your host, Philip Holloway on Twitter at phil Holloway 640 00:38:57,920 --> 00:39:02,040 Speaker 1: e s Q. Our webs is sworn podcast dot com, 641 00:39:02,360 --> 00:39:05,520 Speaker 1: and you can check out other Tenderfoot TV podcasts at 642 00:39:05,960 --> 00:39:11,120 Speaker 1: www dot tenderfoot dot tv. If you have questions or comments, 643 00:39:11,440 --> 00:39:15,520 Speaker 1: you can email us at Sworn at tenderfoot dot tv 644 00:39:16,200 --> 00:39:20,040 Speaker 1: or leave us a voicemail at four zero four for 645 00:39:20,320 --> 00:39:24,960 Speaker 1: one zero zero four f one. As always, thanks for 646 00:39:25,080 --> 00:39:30,239 Speaker 1: listening through all of that. How were you able to 647 00:39:30,320 --> 00:39:33,520 Speaker 1: maintain your innocence in sort of your sense that this 648 00:39:33,640 --> 00:39:37,960 Speaker 1: could be fixed? Yeah? I don't you know. I've seen 649 00:39:38,000 --> 00:39:40,320 Speaker 1: other guys perfectly on this. I've seen other people in 650 00:39:40,400 --> 00:39:43,160 Speaker 1: a situation like mine is hunt themselves or something. It's 651 00:39:43,239 --> 00:39:46,680 Speaker 1: like that wasn't me. I wasn't doing that. Other people 652 00:39:46,760 --> 00:39:49,320 Speaker 1: just endure and sit there for a decade after decade 653 00:39:49,360 --> 00:39:53,280 Speaker 1: in prison innocence like I did. I'm just a stubb ambastard. 654 00:39:53,280 --> 00:39:54,520 Speaker 1: I would give up yourself