1 00:00:02,640 --> 00:00:06,199 Speaker 1: On October twenty seventh, two thousand and eight, a pregnant 2 00:00:06,200 --> 00:00:10,080 Speaker 1: woman named Jody Lintrek answered a knot at her front 3 00:00:10,080 --> 00:00:16,120 Speaker 1: door and survived a gunshot, but tragically, her pregnancy was terminated, 4 00:00:17,320 --> 00:00:20,360 Speaker 1: and police found what they believed to be a makeshift 5 00:00:20,400 --> 00:00:23,760 Speaker 1: silencer in her home. Then theorized that one of the 6 00:00:23,760 --> 00:00:28,120 Speaker 1: potential bothers, a married man named Charles Brandon Martin, had 7 00:00:28,200 --> 00:00:33,080 Speaker 1: constructed the alleged silencer and arranged the attack, despite a 8 00:00:33,280 --> 00:00:36,479 Speaker 1: bunch of holes in this theory, including that this alleged 9 00:00:36,520 --> 00:00:40,120 Speaker 1: silencer may have actually been a bomb. One alleged witness 10 00:00:40,159 --> 00:00:42,879 Speaker 1: claimed that Brandon had searched the Internet for ways to 11 00:00:42,880 --> 00:00:46,879 Speaker 1: construct a silencer before disposing of the computer, sending him 12 00:00:46,920 --> 00:00:58,280 Speaker 1: away for life. This is wrongful conviction. You're listening to 13 00:00:58,280 --> 00:01:01,040 Speaker 1: Wrongful Conviction. You can listen to this and all the 14 00:01:01,120 --> 00:01:04,240 Speaker 1: Lava for Good podcasts one week early n AD free 15 00:01:04,400 --> 00:01:08,440 Speaker 1: by subscribing to Lava for Good Plus on Apple Podcasts. 16 00:01:15,880 --> 00:01:18,240 Speaker 1: Welcome back to Wrongful Conviction, where we're going to go 17 00:01:18,280 --> 00:01:21,479 Speaker 1: to Maryland, just outside of DC, where a pregnant woman 18 00:01:21,560 --> 00:01:25,440 Speaker 1: survived a gunshot wound that ended her pregnancy and then 19 00:01:25,600 --> 00:01:29,760 Speaker 1: a tangled web of Lover's law enforcement and various ulterior 20 00:01:29,840 --> 00:01:33,680 Speaker 1: motives led to the prosecution of not one, but two 21 00:01:33,880 --> 00:01:38,760 Speaker 1: innocent men, while other compelling suspects were ignored. And one 22 00:01:38,760 --> 00:01:41,440 Speaker 1: of the two men caught up in that miserable web 23 00:01:41,560 --> 00:01:45,319 Speaker 1: joins us from a Maryland correction facility, Charles Brandon Martin. 24 00:01:45,480 --> 00:01:48,440 Speaker 1: But he just goes by Brandon. So Brandon, welcome to 25 00:01:48,440 --> 00:01:49,200 Speaker 1: wrongful conviction. 26 00:01:49,680 --> 00:01:51,000 Speaker 2: I appreciate you having me. 27 00:01:51,000 --> 00:01:54,640 Speaker 1: And joining him to help tell this harrowing story. His attorney, 28 00:01:54,720 --> 00:01:59,040 Speaker 1: Elizabeth Franzoso, who goes by Beth, and we'll represent him 29 00:01:59,120 --> 00:02:02,160 Speaker 1: along with Donna, at a new trial if the state 30 00:02:02,360 --> 00:02:06,680 Speaker 1: ever stops delaying it. So Beth, welcome, Thank you for 31 00:02:06,680 --> 00:02:10,200 Speaker 1: having us. And while this case is really more of 32 00:02:10,240 --> 00:02:13,520 Speaker 1: a Maryland story, Brandon's story began in DC and it 33 00:02:13,600 --> 00:02:15,240 Speaker 1: revolved heavily around basketball. 34 00:02:15,639 --> 00:02:17,920 Speaker 2: I grew up in the DC area. I went to 35 00:02:17,960 --> 00:02:21,280 Speaker 2: Domatha High School, finished up at Saint Stephen Saint Agnes's 36 00:02:21,360 --> 00:02:25,480 Speaker 2: High School in Alexandria. Before college, I studied social science 37 00:02:25,480 --> 00:02:28,600 Speaker 2: and aff apology and sociology the University of Pittsburgh. Funished 38 00:02:28,639 --> 00:02:32,120 Speaker 2: at Johnstown and I started coaching and in basketball, and 39 00:02:32,160 --> 00:02:35,720 Speaker 2: actually when I was in college, started coaching at the 40 00:02:35,800 --> 00:02:38,680 Speaker 2: high school I had attended in the summers. Then I 41 00:02:38,680 --> 00:02:41,800 Speaker 2: had got a job at Allegheny College in Pittsburgh. So 42 00:02:41,960 --> 00:02:44,839 Speaker 2: I actually didn't move to Maryland until two thousand and 43 00:02:44,919 --> 00:02:47,920 Speaker 2: four with my ex wife, who was my girlfriend at 44 00:02:47,919 --> 00:02:50,040 Speaker 2: the times when I had the head coaching job at 45 00:02:50,040 --> 00:02:52,400 Speaker 2: the college and Southern Maryland. Right after my first son 46 00:02:52,480 --> 00:02:53,239 Speaker 2: was born. 47 00:02:53,600 --> 00:02:55,880 Speaker 1: The two young parents moved back to be closer to 48 00:02:55,919 --> 00:02:59,240 Speaker 1: their support systems understandably, and then they got married and 49 00:02:59,280 --> 00:03:01,280 Speaker 1: it wasn't long before where the second child was born, 50 00:03:01,320 --> 00:03:04,280 Speaker 1: and it appears that Brandon enjoyed. 51 00:03:03,960 --> 00:03:07,240 Speaker 2: Fatherhood with a job I had and everything I was 52 00:03:07,280 --> 00:03:09,440 Speaker 2: able to make my schedule around the kids, and so 53 00:03:09,639 --> 00:03:12,800 Speaker 2: I was basically the primary caregiver for our kids as 54 00:03:12,919 --> 00:03:14,480 Speaker 2: I was there. I mean, like I spent more hours 55 00:03:14,480 --> 00:03:16,640 Speaker 2: for day with the kids than anybody from the second 56 00:03:16,680 --> 00:03:18,799 Speaker 2: they woke up all the way through the night time. 57 00:03:18,960 --> 00:03:20,960 Speaker 2: But that's the most important thing to me with those kids. 58 00:03:21,160 --> 00:03:22,799 Speaker 2: I mean, that's the hardest part for me right now, 59 00:03:22,880 --> 00:03:24,120 Speaker 2: is being away from the kids. 60 00:03:24,280 --> 00:03:27,000 Speaker 1: As time went by, the marital arrangement changed and Brandon 61 00:03:27,080 --> 00:03:31,000 Speaker 1: moved out, but they both remained committed to amicably co parenting. 62 00:03:31,320 --> 00:03:34,080 Speaker 3: He and his wife had separated, pad more of just 63 00:03:34,120 --> 00:03:37,760 Speaker 3: a co parenting roommate type thing. His wife was aware 64 00:03:37,800 --> 00:03:41,160 Speaker 3: that he'd had relationships with other women. Go somewhere else 65 00:03:41,200 --> 00:03:43,520 Speaker 3: in the evening, and he'd come home, go to the kids' 66 00:03:43,800 --> 00:03:46,680 Speaker 3: sports games and participate with the kids. He was always 67 00:03:46,720 --> 00:03:48,160 Speaker 3: a really active dad to. 68 00:03:48,080 --> 00:03:51,640 Speaker 2: Try to keep everything the same for the kids since 69 00:03:51,640 --> 00:03:53,880 Speaker 2: they were still young. I would get back to the 70 00:03:53,880 --> 00:03:56,200 Speaker 2: house in the morning before they woke up so that 71 00:03:56,440 --> 00:03:59,240 Speaker 2: they didn't notice anything different, which betwain me and my 72 00:03:59,360 --> 00:04:02,240 Speaker 2: ex wife. He knew what the situation was. 73 00:04:02,440 --> 00:04:05,720 Speaker 1: And while living within this new arrangement, Brandon had three 74 00:04:05,760 --> 00:04:09,280 Speaker 1: more kids, including another son with his wife, but staying single. 75 00:04:09,720 --> 00:04:12,040 Speaker 1: It was just a better fit for him setting a 76 00:04:12,160 --> 00:04:16,279 Speaker 1: casual expectation with any of his intimate partners, which included 77 00:04:16,440 --> 00:04:19,440 Speaker 1: three women at the time of this incident, Sherry Carter, 78 00:04:19,720 --> 00:04:23,640 Speaker 1: Maggie McFadden, and the victim in this case, Jody Lynn Torrick. 79 00:04:24,080 --> 00:04:26,880 Speaker 2: They tried to make it sound like I was in 80 00:04:26,920 --> 00:04:29,800 Speaker 2: committed relationships with all these people. You know, with Jody, 81 00:04:29,920 --> 00:04:32,800 Speaker 2: we probably had only been around each other, probably eight times. 82 00:04:33,160 --> 00:04:35,599 Speaker 3: She was actually dating someone else by the name of 83 00:04:35,640 --> 00:04:40,360 Speaker 3: Emmanuel and they were actually more boyfriend girlfriend. Jody became pregnant, 84 00:04:40,360 --> 00:04:43,400 Speaker 3: it was uncertain who the father was, and Brandon was 85 00:04:43,480 --> 00:04:47,599 Speaker 3: very respectful of her making whatever decision that she wanted to, 86 00:04:47,720 --> 00:04:51,520 Speaker 3: which could include either having an abortion or keeping the baby, 87 00:04:51,600 --> 00:04:53,599 Speaker 3: and he agreed that if the baby was his, he 88 00:04:53,600 --> 00:04:56,800 Speaker 3: would support the baby. I think Emmanuel was not thrilled 89 00:04:56,800 --> 00:04:59,080 Speaker 3: that she was pregnant and didn't know who the father was, 90 00:04:59,279 --> 00:05:02,760 Speaker 3: so the state tried to paint this out to Brandon 91 00:05:02,880 --> 00:05:05,920 Speaker 3: being angry that she was pregnant and wanting to kill 92 00:05:05,960 --> 00:05:08,560 Speaker 3: her so that way he wouldn't have to pay child support, 93 00:05:08,800 --> 00:05:11,760 Speaker 3: but it simply wasn't true. Not to mention that there 94 00:05:11,800 --> 00:05:14,240 Speaker 3: was a whole host of other people that did have 95 00:05:14,440 --> 00:05:15,800 Speaker 3: some type of motive. 96 00:05:15,839 --> 00:05:18,719 Speaker 1: And this appears to have included one of Brandon's other 97 00:05:18,880 --> 00:05:23,080 Speaker 1: intimate partners, Maggie McFadden, who had allegedly threatened other women 98 00:05:23,160 --> 00:05:26,640 Speaker 1: with gun violence, including Sharry Carter, Which brings us to 99 00:05:26,800 --> 00:05:29,920 Speaker 1: October twenty seventh, two thousand and eight, when Jody Lyn 100 00:05:29,920 --> 00:05:32,599 Speaker 1: Torrik was at home talking to a friend on the phone. 101 00:05:32,760 --> 00:05:35,360 Speaker 3: She was two months pregnant at the time, talking on 102 00:05:35,400 --> 00:05:37,720 Speaker 3: the phone to her friend Blair around three o'clock in 103 00:05:37,800 --> 00:05:41,479 Speaker 3: the afternoon and someone knocked on her front door saying 104 00:05:41,520 --> 00:05:44,039 Speaker 3: they were a salesman, and then she ended the call. 105 00:05:44,440 --> 00:05:47,279 Speaker 3: Blair tried to call her back a few times, Jody 106 00:05:47,320 --> 00:05:50,280 Speaker 3: never picked up the phone, so she got worried and 107 00:05:50,360 --> 00:05:54,440 Speaker 3: she called Jody's roommate, Jessica. Jody also worked for Jessica. 108 00:05:54,600 --> 00:05:58,880 Speaker 3: Blair requested that Jessica leave work and check on Jody. 109 00:05:59,200 --> 00:06:03,440 Speaker 3: So Jessica Jody lying there unconscious with a gunshot wound, 110 00:06:03,920 --> 00:06:06,600 Speaker 3: and she calls nine to one one. The police come 111 00:06:06,640 --> 00:06:09,680 Speaker 3: to the scene. At that point, Jody's lying in the doorway. 112 00:06:10,040 --> 00:06:14,440 Speaker 3: She's still breathing, and she was hospitalized for quite some 113 00:06:14,600 --> 00:06:15,960 Speaker 3: time for serious injuries. 114 00:06:16,279 --> 00:06:19,400 Speaker 1: A three eighty caliber bullet and casing were collected from 115 00:06:19,400 --> 00:06:22,640 Speaker 1: where she was found, and then across the living room 116 00:06:22,680 --> 00:06:26,039 Speaker 1: from there, police found a curious looking gatorade bottle. The 117 00:06:26,160 --> 00:06:29,719 Speaker 1: mouth was wrapped in layers of duct tape and medical 118 00:06:29,760 --> 00:06:33,880 Speaker 1: tape which formed a rectangular opening, and then on the 119 00:06:33,960 --> 00:06:38,400 Speaker 1: bottom there was a hole covered in ashen soot, and 120 00:06:38,720 --> 00:06:42,400 Speaker 1: the lead detective from ann Arundel County, Richard Alman, thought 121 00:06:42,480 --> 00:06:44,560 Speaker 1: that that was a makeshift silencer. 122 00:06:44,960 --> 00:06:48,520 Speaker 3: There was no expert testimony whatsoever about gatorade bottles or 123 00:06:48,560 --> 00:06:53,080 Speaker 3: other bottles being made into silencers. Detective Richard Alban testified 124 00:06:53,360 --> 00:06:56,240 Speaker 3: it reminded him of a makeshift silencer he'd seen in 125 00:06:56,279 --> 00:06:57,960 Speaker 3: a Stephen Sagal movie, but. 126 00:06:58,040 --> 00:07:01,200 Speaker 1: Rather than ordering chemical analysis to prove that theory, it 127 00:07:01,520 --> 00:07:05,720 Speaker 1: just became an accepted fact, and there were a few 128 00:07:05,760 --> 00:07:09,320 Speaker 1: hairs stuck in the tape and the contraption was saved 129 00:07:09,320 --> 00:07:12,960 Speaker 1: for DNA testing and hair microscopy. Meanwhile, they spoke with 130 00:07:13,040 --> 00:07:15,000 Speaker 1: Jody's roommate, Jessica Higgs. 131 00:07:15,280 --> 00:07:20,080 Speaker 3: During the interview, Jessica used the very crass racist language. 132 00:07:20,240 --> 00:07:22,480 Speaker 3: She used the N word and stated she did not 133 00:07:22,680 --> 00:07:25,480 Speaker 3: like black people, that she didn't like that Jody had 134 00:07:25,520 --> 00:07:28,120 Speaker 3: black men in and out of the house, and that 135 00:07:28,520 --> 00:07:31,440 Speaker 3: she didn't like or didn't trust Brandon because he's black. 136 00:07:31,760 --> 00:07:36,160 Speaker 3: She basically came up with this unfounded, baseless theory that, oh, 137 00:07:36,200 --> 00:07:38,520 Speaker 3: it must have been Brandon because he was in some 138 00:07:38,600 --> 00:07:41,000 Speaker 3: way pissed off that she was pregnant and didn't want 139 00:07:41,040 --> 00:07:41,760 Speaker 3: to have an abortion. 140 00:07:42,200 --> 00:07:45,960 Speaker 1: The police theorized that this married man wanted Jody dead 141 00:07:46,040 --> 00:07:51,520 Speaker 1: to hide his infidelity and potential extramarital child. So Anne 142 00:07:51,640 --> 00:07:55,600 Speaker 1: Arundel County Police coordinated with Charles County to pay a 143 00:07:55,680 --> 00:07:57,400 Speaker 1: visit to Brandon and his wife. 144 00:07:57,680 --> 00:07:59,640 Speaker 2: Oh yeah, the next day they were accusing me when 145 00:07:59,640 --> 00:08:02,760 Speaker 2: I was that holme with the kids and I see 146 00:08:02,760 --> 00:08:06,560 Speaker 2: a truck parked in front of my driveway, like blocking 147 00:08:06,560 --> 00:08:10,280 Speaker 2: my driveway, tended windows, and I actually ended up calling 148 00:08:10,280 --> 00:08:12,760 Speaker 2: the police because I'm afraid. I'm at home with the 149 00:08:12,840 --> 00:08:14,480 Speaker 2: kids and I'm thinking if somebody about to try to 150 00:08:14,680 --> 00:08:16,240 Speaker 2: rob me or something that they said they were going 151 00:08:16,320 --> 00:08:18,560 Speaker 2: to send someone over, which clearly they didn't because they 152 00:08:18,640 --> 00:08:22,560 Speaker 2: knew who it was. And so the original interaction with 153 00:08:22,640 --> 00:08:25,559 Speaker 2: them was when I found out that she had actually 154 00:08:25,640 --> 00:08:26,160 Speaker 2: been shot. 155 00:08:38,120 --> 00:08:42,080 Speaker 1: This episode of Wrongful Conviction is proudly sponsored by Erase PTSD. 156 00:08:42,240 --> 00:08:46,320 Speaker 1: Now every day, countless individuals face the invisible wounds of 157 00:08:46,400 --> 00:08:50,200 Speaker 1: trauma and PTSD. 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Without knowing the time of the shooting, 166 00:09:30,200 --> 00:09:32,839 Speaker 1: Brandon told them where he was the day before, at 167 00:09:32,880 --> 00:09:37,040 Speaker 1: Maggie McFadden's house speaking with her brother Frank Bradley about 168 00:09:37,080 --> 00:09:41,280 Speaker 1: rehab from about one thirty to four thirty PM, thereby 169 00:09:41,320 --> 00:09:44,040 Speaker 1: making him unavailable for him to have shot Jody. 170 00:09:45,080 --> 00:09:48,040 Speaker 2: And then in the meantime, the police were actually speaking 171 00:09:48,040 --> 00:09:50,400 Speaker 2: to my wife at the time, and they made her 172 00:09:50,880 --> 00:09:54,120 Speaker 2: meet them at like a mattress warehouse or something like 173 00:09:54,160 --> 00:09:56,360 Speaker 2: that on the way home from her job. So they 174 00:09:56,400 --> 00:09:59,240 Speaker 2: had her basically alone talking to her. And so I'm 175 00:09:59,280 --> 00:10:01,280 Speaker 2: trying to call her and can't reach her. They wouldn't 176 00:10:01,320 --> 00:10:03,439 Speaker 2: let her pick the phone up when I'm calling now. 177 00:10:03,559 --> 00:10:06,600 Speaker 1: Unaware of the marital arrangement that upended their theory, they 178 00:10:06,640 --> 00:10:08,520 Speaker 1: may have hoped to upset her with the news of 179 00:10:08,520 --> 00:10:12,000 Speaker 1: an extra marital affair and child, perhaps gaining the state's witness, 180 00:10:12,040 --> 00:10:14,920 Speaker 1: but to no avail. They were told about Brandon's other 181 00:10:14,920 --> 00:10:18,200 Speaker 1: intimate partners, which brought them to Sherry Carter, as well 182 00:10:18,240 --> 00:10:22,120 Speaker 1: as Maggie McFadden and her brothers Frank, Dennis and Michael Bradley, 183 00:10:22,280 --> 00:10:26,319 Speaker 1: all of whom corroborated Brandon's alibi. But instead of rethinking 184 00:10:26,360 --> 00:10:28,840 Speaker 1: their theory in the face of this new evidence, they 185 00:10:28,880 --> 00:10:32,840 Speaker 1: persisted with Brandon while trying to again aggravate his wife. 186 00:10:33,000 --> 00:10:35,400 Speaker 2: When they had originally asked about searching the house and 187 00:10:35,440 --> 00:10:37,319 Speaker 2: searching the car and all that stuff, we didn't have 188 00:10:37,360 --> 00:10:40,120 Speaker 2: any issue with that. That was fine. But instead of 189 00:10:40,600 --> 00:10:43,280 Speaker 2: going on the schedule that we had agreed upon, they 190 00:10:43,320 --> 00:10:44,960 Speaker 2: waited until they knew I was going to be gone 191 00:10:44,960 --> 00:10:46,839 Speaker 2: from the work, and they came over the house when 192 00:10:46,880 --> 00:10:49,120 Speaker 2: she was there with the kids, and so just trying 193 00:10:49,160 --> 00:10:52,640 Speaker 2: to upset her, messing the house up, slashing bags open 194 00:10:52,720 --> 00:10:54,640 Speaker 2: that could have just been unzipped, and just making a 195 00:10:54,679 --> 00:10:56,320 Speaker 2: mess of the place, doing the best they could to 196 00:10:56,360 --> 00:10:58,520 Speaker 2: try to upset her in any way, hoping that I 197 00:10:58,600 --> 00:11:00,679 Speaker 2: had done something and she was going to fell on me, 198 00:11:00,760 --> 00:11:01,720 Speaker 2: but there was nothing to do. 199 00:11:02,200 --> 00:11:04,840 Speaker 1: In addition to information, they may have been looking for 200 00:11:04,880 --> 00:11:08,280 Speaker 1: a three eighty caliber pistol or some other incriminating evidence, 201 00:11:08,320 --> 00:11:11,080 Speaker 1: but all they turned up was a text exchange between 202 00:11:11,120 --> 00:11:11,960 Speaker 1: Brandon and Jody. 203 00:11:12,600 --> 00:11:14,640 Speaker 3: If you look at the text messages, it just says 204 00:11:14,679 --> 00:11:17,480 Speaker 3: what time do you work, to which she responded, I'm off. 205 00:11:18,520 --> 00:11:21,560 Speaker 3: Brandon said hello at five eleven, which was two hours 206 00:11:21,600 --> 00:11:24,480 Speaker 3: after the shooting. He sent another message, I got some 207 00:11:24,559 --> 00:11:27,120 Speaker 3: stuff with the kids to about seven o'clock, so any 208 00:11:27,120 --> 00:11:30,280 Speaker 3: time later, how much did you need, suggesting that they 209 00:11:30,440 --> 00:11:33,920 Speaker 3: had talked over the phone or something, So why they 210 00:11:34,120 --> 00:11:37,720 Speaker 3: suggested that was in some way nefarious or him trying 211 00:11:37,760 --> 00:11:41,040 Speaker 3: to ascertain if she was home alone. In fact, it 212 00:11:41,240 --> 00:11:44,240 Speaker 3: suggests one that they were just having a normal conversation 213 00:11:44,320 --> 00:11:47,960 Speaker 3: about him providing her something that she needed and scheduling it. 214 00:11:48,320 --> 00:11:51,520 Speaker 3: And the fact that he was completely clueless as to 215 00:11:51,559 --> 00:11:54,200 Speaker 3: the fact that she'd been shot because he's texting her 216 00:11:54,240 --> 00:11:55,080 Speaker 3: two hours after. 217 00:11:55,520 --> 00:12:00,480 Speaker 1: Yet inexplicably, this was later present at as evidence of guilt. Meanwhile, 218 00:12:00,559 --> 00:12:03,800 Speaker 1: a month out from the shooting, Jody regained consciousness, but 219 00:12:03,880 --> 00:12:06,520 Speaker 1: she had no memory of the shooting and she couldn't 220 00:12:06,520 --> 00:12:07,680 Speaker 1: identify the shooter. 221 00:12:08,200 --> 00:12:10,800 Speaker 3: She could remember I think what happened up to the 222 00:12:10,880 --> 00:12:13,440 Speaker 3: day of the shooting in her life generally, and she 223 00:12:14,080 --> 00:12:16,800 Speaker 3: gained her memory for future events, but did not remember 224 00:12:17,200 --> 00:12:19,000 Speaker 3: anything about being shot. 225 00:12:19,280 --> 00:12:23,520 Speaker 2: Well, they interviewed Jody when she first got home. He 226 00:12:23,640 --> 00:12:26,080 Speaker 2: let them know that I've never asked her to get 227 00:12:26,120 --> 00:12:28,200 Speaker 2: a horse. I think she said, he never told me 228 00:12:28,240 --> 00:12:30,480 Speaker 2: to do anything associated with it. Then they come the 229 00:12:30,480 --> 00:12:33,079 Speaker 2: trial still saying that was going on when she actually 230 00:12:33,160 --> 00:12:34,400 Speaker 2: told them that before. 231 00:12:35,240 --> 00:12:38,360 Speaker 1: So they chose to ignore the victim and Brandon's wife 232 00:12:38,440 --> 00:12:41,320 Speaker 1: about the motive or lack thereof, as well as his 233 00:12:41,440 --> 00:12:45,240 Speaker 1: corroborated alibi, and they obtained a warrant to collect strands 234 00:12:45,240 --> 00:12:48,520 Speaker 1: of Brandon's hair for comparison to the gatorade bottle. Again, 235 00:12:48,840 --> 00:12:51,920 Speaker 1: no testing was done to determine if this crazy Stephen 236 00:12:51,960 --> 00:12:54,920 Speaker 1: Sigall movie silence er theory held any water. I mean, 237 00:12:55,240 --> 00:12:58,280 Speaker 1: my first thought was that this contraption was found outside 238 00:12:58,320 --> 00:13:02,320 Speaker 1: of the immediate crime scene. Sounds like a let's face, 239 00:13:02,360 --> 00:13:03,800 Speaker 1: it sounds like a homemade bomb. 240 00:13:04,200 --> 00:13:06,480 Speaker 2: I think he might be pretty spot on there. 241 00:13:06,720 --> 00:13:09,800 Speaker 3: And that also, I guess what would explain why there 242 00:13:09,840 --> 00:13:11,760 Speaker 3: may have been some burnt residue in it. That's what 243 00:13:11,960 --> 00:13:14,719 Speaker 3: happens to marijuana when you smoke it. Also, whither it 244 00:13:14,800 --> 00:13:16,679 Speaker 3: would have been a little bit of a tape around it, 245 00:13:16,800 --> 00:13:20,720 Speaker 3: and there was a multiple DNA profile not rolling out 246 00:13:21,120 --> 00:13:24,320 Speaker 3: either Jody or Brandon, and I think the fact that 247 00:13:24,480 --> 00:13:27,640 Speaker 3: Jody's and Brandon's and who knows who else is might 248 00:13:27,640 --> 00:13:29,800 Speaker 3: have been on it because it was a mixed profile, 249 00:13:30,080 --> 00:13:33,280 Speaker 3: would be consistent with that being what this gatorade bottle 250 00:13:33,360 --> 00:13:36,280 Speaker 3: was used for. And so essentially that there's nothing about 251 00:13:36,280 --> 00:13:39,480 Speaker 3: the DNA that would suggest that he did anything nefarious 252 00:13:39,600 --> 00:13:43,199 Speaker 3: with this gatorade bottle. But yet, because Detective Albin had 253 00:13:43,400 --> 00:13:46,560 Speaker 3: seen this interesting Steven Siagall movie, he decided to make 254 00:13:46,600 --> 00:13:50,000 Speaker 3: that the theory of the state's case that it was a silencer, so. 255 00:13:50,040 --> 00:13:52,959 Speaker 1: With Jessica Biggs theory which had been debunked by Jody 256 00:13:53,000 --> 00:13:57,520 Speaker 1: and Brandon's wife, followed by an innocuous text exchange, and 257 00:13:57,559 --> 00:14:01,040 Speaker 1: then Brandon's hair found on what was probably a bond. 258 00:14:01,440 --> 00:14:06,559 Speaker 1: Considering Jody wasn't excluded either. I mean, how many shooting 259 00:14:06,640 --> 00:14:13,319 Speaker 1: victims handle the silencer that's used on them. Nevertheless, they 260 00:14:13,360 --> 00:14:14,160 Speaker 1: arrested Brandon. 261 00:14:15,000 --> 00:14:17,280 Speaker 2: It was a surprise. I was actually on my way 262 00:14:17,400 --> 00:14:19,440 Speaker 2: taking the kids to practice when we were heading to 263 00:14:19,480 --> 00:14:21,960 Speaker 2: the car, getting the kids in the car, and they 264 00:14:22,080 --> 00:14:23,760 Speaker 2: just pulled up with all the police and all this 265 00:14:23,760 --> 00:14:24,600 Speaker 2: stuff in arrestment. 266 00:14:24,840 --> 00:14:27,480 Speaker 1: He was arrested on March thirtieth, two thousand and nine, 267 00:14:27,600 --> 00:14:30,920 Speaker 1: then bonded out, which started a fight over pretrialed detention 268 00:14:31,080 --> 00:14:33,720 Speaker 1: that tied up his lawyers and had Brandon in and 269 00:14:33,760 --> 00:14:36,160 Speaker 1: out of jail while they worked to build support for 270 00:14:36,200 --> 00:14:38,960 Speaker 1: the silencer theory, starting with Sherry Carter. 271 00:14:39,360 --> 00:14:41,680 Speaker 3: Brandon had a computer because he was a coach at 272 00:14:41,680 --> 00:14:44,240 Speaker 3: the College of Southern Maryland, so he had his work 273 00:14:44,320 --> 00:14:48,960 Speaker 3: laptop at home, and she got upset with him and 274 00:14:49,240 --> 00:14:51,920 Speaker 3: made up a story that he was searching all these 275 00:14:51,960 --> 00:14:56,479 Speaker 3: things on the computer about making silencers out of bottles, 276 00:14:56,680 --> 00:14:59,800 Speaker 3: and then she testified the computer had been destroyed in 277 00:14:59,840 --> 00:15:03,400 Speaker 3: the police testimony was such that they did not have 278 00:15:03,440 --> 00:15:04,480 Speaker 3: the computer. 279 00:15:04,440 --> 00:15:07,400 Speaker 1: But we later found out that they definitely fucking did, 280 00:15:07,480 --> 00:15:10,720 Speaker 1: and that a forensic search of this particular computer and 281 00:15:10,840 --> 00:15:14,840 Speaker 1: others belonging to Brandon had disproved Cherry's story. And in 282 00:15:14,960 --> 00:15:18,600 Speaker 1: light of that tidbit, do we believe that other potentially 283 00:15:18,600 --> 00:15:22,600 Speaker 1: exculpatory evidence was just simply somehow lost. 284 00:15:23,200 --> 00:15:26,480 Speaker 3: They lost street camera footage that would have showed if 285 00:15:26,600 --> 00:15:29,440 Speaker 3: Brandon had driven towards Jodie's house that day, or for 286 00:15:29,480 --> 00:15:33,080 Speaker 3: that matter, specifically who drove toward the house that day. 287 00:15:33,520 --> 00:15:36,360 Speaker 3: They lost part of a recording of a police interview 288 00:15:36,720 --> 00:15:42,119 Speaker 3: in which Maggie's brother Michael Bradley basically endorsed brandon saalibi, 289 00:15:42,520 --> 00:15:46,160 Speaker 3: which directly conflicted with Michael Bradley's trial testimony. 290 00:15:46,480 --> 00:15:51,440 Speaker 1: During his initial interview, Michael Bradley corroborated Brandon's alibi statement 291 00:15:51,600 --> 00:15:54,240 Speaker 1: that he was at their house on the afternoon of 292 00:15:54,240 --> 00:15:56,720 Speaker 1: the shooting, but in November two thousand and nine, in 293 00:15:56,800 --> 00:16:02,240 Speaker 1: exchange for immunity and other Favorschael Bradley changed that story, 294 00:16:02,400 --> 00:16:05,320 Speaker 1: adding in a new name, Jerry Burks. 295 00:16:05,800 --> 00:16:09,880 Speaker 3: Bradley testified that it was him, Frank, Jerry Burks, Brandon. 296 00:16:10,280 --> 00:16:14,120 Speaker 3: They were smoking marijuana in the house. He was intoxicated. 297 00:16:14,520 --> 00:16:18,000 Speaker 3: That he saw Frank take medical tape to the kitchen. 298 00:16:18,360 --> 00:16:21,840 Speaker 3: He saw Brandon and Frank go up to Maggie McFadden's room, 299 00:16:22,280 --> 00:16:25,280 Speaker 3: Frank coming down and retrieving a gatorade bottle, and then 300 00:16:25,320 --> 00:16:27,880 Speaker 3: Brandon and Jerry Burks left the house. 301 00:16:28,280 --> 00:16:31,760 Speaker 1: Bradley said they left around two pm, and then the 302 00:16:31,800 --> 00:16:35,400 Speaker 1: pair allegedly returned and asked Frank to discard of a bag. 303 00:16:36,040 --> 00:16:38,960 Speaker 1: But where did this Jerry Burke's guy come from? 304 00:16:39,240 --> 00:16:44,240 Speaker 2: He was a friend of Maggie's brother, and I believe 305 00:16:44,240 --> 00:16:47,880 Speaker 2: a friend of Maggie, and just my feeling of it 306 00:16:47,920 --> 00:16:50,320 Speaker 2: is that he sort of was in the same situation 307 00:16:50,360 --> 00:16:52,400 Speaker 2: as me where they're a legend he did something that 308 00:16:52,440 --> 00:16:53,560 Speaker 2: he probably didn't actually do. 309 00:16:53,800 --> 00:16:55,680 Speaker 3: I think that they were hoping in some way that 310 00:16:55,920 --> 00:16:58,040 Speaker 3: Jerry would turn on Brandon, but he didn't. 311 00:16:58,280 --> 00:17:00,880 Speaker 1: And we'll get into Michael Bradley's reason for throwing Jerry 312 00:17:00,880 --> 00:17:03,760 Speaker 1: Burks under the bus in a bit. But they used 313 00:17:03,800 --> 00:17:07,240 Speaker 1: his statement and Sherry Carter's lies to bring Jerry Burkes 314 00:17:07,280 --> 00:17:11,520 Speaker 1: into the fold. But Burkes called their bluff refusing to 315 00:17:11,560 --> 00:17:15,280 Speaker 1: give a statement about how Brandon allegedly hired him to 316 00:17:15,320 --> 00:17:18,159 Speaker 1: shoot Jody using this alleged silencer. 317 00:17:18,400 --> 00:17:21,320 Speaker 3: He maintained his innocence, He was tried by a jury, 318 00:17:21,359 --> 00:17:23,720 Speaker 3: he was acquitted, And it really does seem that after 319 00:17:23,840 --> 00:17:26,920 Speaker 3: Jerry was found not guilty, they really ramped up the 320 00:17:27,080 --> 00:17:31,800 Speaker 3: prosecution of Brandon. The judge didn't even allow the fact 321 00:17:32,080 --> 00:17:35,399 Speaker 3: that Jerry was acquitted to be heard by the jury 322 00:17:35,400 --> 00:17:36,399 Speaker 3: in Brandon's case. 323 00:17:36,800 --> 00:17:39,239 Speaker 1: By this time, Brandon had been re arrested on a 324 00:17:39,240 --> 00:17:43,520 Speaker 1: false assault allegation, and even that same judge didn't find 325 00:17:43,600 --> 00:17:44,600 Speaker 1: the charge credible. 326 00:17:44,720 --> 00:17:47,199 Speaker 2: They had a witness basically lie and say that I 327 00:17:47,240 --> 00:17:49,919 Speaker 2: had assaulted them. Now it came up doing a hearing 328 00:17:50,160 --> 00:17:53,200 Speaker 2: that it was a false statement, and the judge explained 329 00:17:53,200 --> 00:17:55,800 Speaker 2: that even though I don't believe that it occurred, I'm 330 00:17:55,800 --> 00:17:58,360 Speaker 2: going to hold you because trials two weeks away. Then 331 00:17:58,359 --> 00:18:01,200 Speaker 2: the trial gets postponed or a good deal of time, 332 00:18:01,640 --> 00:18:03,520 Speaker 2: and they still kept me in there. 333 00:18:03,880 --> 00:18:08,439 Speaker 1: Trial was postponed until April twenty ten. Meanwhile, the media 334 00:18:08,600 --> 00:18:11,040 Speaker 1: was regurgitating whatever the state fed them. 335 00:18:11,440 --> 00:18:15,160 Speaker 2: They asked the possible jurors, who has read or seen 336 00:18:15,200 --> 00:18:18,080 Speaker 2: anything about this case on TV or in the newspapers 337 00:18:18,119 --> 00:18:20,960 Speaker 2: because they're trying to root out bias, and every single 338 00:18:20,960 --> 00:18:23,880 Speaker 2: person stands up, you know the right Then you're like okay. 339 00:18:24,440 --> 00:18:27,159 Speaker 2: And the issue with that is that the way the 340 00:18:27,280 --> 00:18:30,560 Speaker 2: media is used by the police and the state is 341 00:18:30,600 --> 00:18:32,879 Speaker 2: that they'll go to the media and they'll say that 342 00:18:32,960 --> 00:18:35,280 Speaker 2: this person was the rested goodness and this and so 343 00:18:35,400 --> 00:18:37,400 Speaker 2: on the news in the newspaper, they'll put your face 344 00:18:37,440 --> 00:18:41,080 Speaker 2: in there and said you allegedly did this, and no 345 00:18:41,080 --> 00:18:44,280 Speaker 2: one's listening to the allegedly, and no one is thinking 346 00:18:44,320 --> 00:18:46,560 Speaker 2: about the fact that it might not be true, and 347 00:18:46,600 --> 00:18:49,440 Speaker 2: so everybody stands up, and the next part of the 348 00:18:50,040 --> 00:18:53,120 Speaker 2: guavier is asking them if they can still be fair 349 00:18:53,119 --> 00:18:55,280 Speaker 2: and impartial, so everybody puts back down. 350 00:18:55,600 --> 00:18:59,080 Speaker 1: Trial began on April twenty seven, twenty ten, with the victim, 351 00:18:59,320 --> 00:19:00,480 Speaker 1: Jody Lynn Torok. 352 00:19:00,760 --> 00:19:05,000 Speaker 3: She testified that she did not remember anything as far 353 00:19:05,200 --> 00:19:08,359 Speaker 3: as what happened on that day, that she and Brandon 354 00:19:08,440 --> 00:19:11,400 Speaker 3: had a sexual relationship, and that she was pregnant, and 355 00:19:11,600 --> 00:19:14,879 Speaker 3: she also had a relationship with another man named Emmanuel, 356 00:19:14,960 --> 00:19:18,520 Speaker 3: and that she was uncertain who the father was, and 357 00:19:18,560 --> 00:19:22,199 Speaker 3: that she and Brandon had some discussions about abortion, and 358 00:19:22,240 --> 00:19:25,679 Speaker 3: she told him that she wished to keep her baby, 359 00:19:25,920 --> 00:19:28,600 Speaker 3: and there was no testimony that he in any way 360 00:19:29,080 --> 00:19:31,840 Speaker 3: was threatening to her or anything of the like. 361 00:19:32,000 --> 00:19:34,400 Speaker 1: But the state doesn't have to prove motive. And they 362 00:19:34,520 --> 00:19:37,879 Speaker 1: also presented the innocuous text thread with a straight bass 363 00:19:38,080 --> 00:19:42,000 Speaker 1: and said that it was evidence of guilt. And then 364 00:19:42,320 --> 00:19:44,800 Speaker 1: they moved on to the alleged silencer, you know, the 365 00:19:44,840 --> 00:19:48,400 Speaker 1: bong silencer theory, and they put on medical experts that 366 00:19:48,600 --> 00:19:52,400 Speaker 1: tied Brandon's DNA to this gatorade bottle. The first one 367 00:19:52,440 --> 00:19:55,480 Speaker 1: testified that one hair was human, the other was from 368 00:19:55,480 --> 00:20:00,679 Speaker 1: a cat, and then an expert in mitochondrial DNA, doctor 369 00:20:00,760 --> 00:20:02,159 Speaker 1: Terry Milton, took the stand. 370 00:20:02,560 --> 00:20:06,719 Speaker 3: Doctor Terry Melton testified, what mitochondrial DNA could show that 371 00:20:06,760 --> 00:20:09,880 Speaker 3: someone is from the same maternal lineage, but it can 372 00:20:09,920 --> 00:20:12,920 Speaker 3: never say for sure that this hair absolutely for sure 373 00:20:12,960 --> 00:20:16,520 Speaker 3: came from this person. Doctor Melton testified she could rule 374 00:20:16,560 --> 00:20:20,160 Speaker 3: out ninety nine point ninety four percent of North Americans, 375 00:20:20,400 --> 00:20:24,119 Speaker 3: but during cross examination she acknowledged that left roughly one 376 00:20:24,200 --> 00:20:27,040 Speaker 3: hundred and eighty thousand Americans and thirty thousand people in 377 00:20:27,080 --> 00:20:30,080 Speaker 3: Maryland with that same mitochondrial DNA profile. 378 00:20:30,680 --> 00:20:35,440 Speaker 1: So in plain English, it's a big fat nothing burner. 379 00:20:35,760 --> 00:20:39,440 Speaker 3: And they called Sarah Chenoweth, the forensic chemist who testified 380 00:20:39,800 --> 00:20:43,480 Speaker 3: about DNA and said it included DNA from at least 381 00:20:43,480 --> 00:20:46,760 Speaker 3: three individuals, which also would be consistent with it being 382 00:20:46,800 --> 00:20:50,000 Speaker 3: a bong, and says at least one male and one female. 383 00:20:50,200 --> 00:20:53,680 Speaker 3: She did roll out three other people submitted for comparison, 384 00:20:54,160 --> 00:20:57,600 Speaker 3: didn't roll out Brandon, didn't rule out Jody. Plus, we're 385 00:20:57,600 --> 00:21:00,879 Speaker 3: not suggesting that his DNA necessarily he wasn't on the 386 00:21:00,920 --> 00:21:03,240 Speaker 3: bottle that they all used as a bong. But even 387 00:21:03,240 --> 00:21:07,199 Speaker 3: if there was a hair that could have possibly been Brandon's, well, 388 00:21:07,520 --> 00:21:10,560 Speaker 3: when people pass around a bong, their hair might get 389 00:21:10,600 --> 00:21:13,000 Speaker 3: on it. So I don't think that's really neither here 390 00:21:13,040 --> 00:21:15,480 Speaker 3: nor there. So that was it. There was no expert 391 00:21:15,560 --> 00:21:19,680 Speaker 3: testimony about silencers, how they're constructed. They could have tested 392 00:21:19,720 --> 00:21:21,679 Speaker 3: it trying to figure what was that little bit of 393 00:21:21,960 --> 00:21:24,800 Speaker 3: ash in the bottom was at marijuana or was it gunshot? 394 00:21:24,840 --> 00:21:26,960 Speaker 3: Resident they didn't bother to do it because they didn't 395 00:21:26,960 --> 00:21:28,160 Speaker 3: seem to think it was important. 396 00:21:28,359 --> 00:21:31,840 Speaker 1: The state hired three biological evidence experts to testify about 397 00:21:31,880 --> 00:21:34,679 Speaker 1: a contraption that they hadn't even proved was involved with 398 00:21:34,760 --> 00:21:39,560 Speaker 1: the shooting. Instead, they relied on Sherry Carter and Michael Bradley, 399 00:21:39,800 --> 00:21:42,800 Speaker 1: the latter of whom Michael told his news story about 400 00:21:42,880 --> 00:21:46,960 Speaker 1: Jerry Burks, but he kind of fell apart on cross examination. 401 00:21:47,320 --> 00:21:50,359 Speaker 3: On cross examination, he was questioned about the fact that 402 00:21:50,400 --> 00:21:55,159 Speaker 3: he received immunity from prosecution from Jody Turok's shooting in 403 00:21:55,240 --> 00:21:58,639 Speaker 3: exchange for his testimony, and that he also received a 404 00:21:58,680 --> 00:22:02,720 Speaker 3: benefit in his obstruction of justice charges in New Jersey, 405 00:22:02,760 --> 00:22:06,119 Speaker 3: and he admitted that those charges stemmed from him lying 406 00:22:06,160 --> 00:22:08,720 Speaker 3: to the police. So he's a person who's approven liar 407 00:22:08,960 --> 00:22:11,280 Speaker 3: to the point where he actually was charged with obstruction 408 00:22:11,440 --> 00:22:14,600 Speaker 3: because of it, and then he admitted he only testified 409 00:22:14,920 --> 00:22:19,080 Speaker 3: because Maggie McFadden asked him to because she was involved 410 00:22:19,160 --> 00:22:20,360 Speaker 3: in the attempted murder. 411 00:22:20,600 --> 00:22:24,600 Speaker 1: Yes, Bradley testified that his sister directly asked him for 412 00:22:24,720 --> 00:22:29,040 Speaker 1: protection because she was involved. And then the state's other 413 00:22:29,119 --> 00:22:33,240 Speaker 1: star witness, Sherry Carter, also implicated Maggie McFadden. 414 00:22:33,600 --> 00:22:38,280 Speaker 3: Cherry testified that Maggie McFadden was threatening Sherry, among others 415 00:22:38,400 --> 00:22:43,600 Speaker 3: on social media, was emailing her employer, and that Maggie 416 00:22:43,640 --> 00:22:47,280 Speaker 3: actually made a statement that she had someone shot and 417 00:22:47,560 --> 00:22:50,480 Speaker 3: the description of that statement sounded an awful lot like 418 00:22:50,800 --> 00:22:54,760 Speaker 3: she was talking about Jodi. She also had made comments 419 00:22:54,800 --> 00:22:56,800 Speaker 3: that she liked to fight and beat people up, and 420 00:22:56,840 --> 00:23:01,240 Speaker 3: she had shot people before. She was so volatile the 421 00:23:01,280 --> 00:23:03,800 Speaker 3: state decided not even to call her as a witness. 422 00:23:04,160 --> 00:23:07,520 Speaker 1: The state then found themselves trying to throw the court 423 00:23:07,680 --> 00:23:09,440 Speaker 1: off of Maggie McFadden's scent. 424 00:23:09,880 --> 00:23:13,840 Speaker 3: It was completely just twisted. It was backwards, basically saying 425 00:23:13,880 --> 00:23:17,840 Speaker 3: that the McFadden theory was far fetched because her aggressive 426 00:23:17,880 --> 00:23:21,040 Speaker 3: behavior would draw attention to her as a suspect and 427 00:23:21,119 --> 00:23:25,040 Speaker 3: it was not logical that someone who's that flamboyantly aggressive 428 00:23:25,119 --> 00:23:28,320 Speaker 3: would have been responsible for trying to shoot someone? 429 00:23:28,680 --> 00:23:33,560 Speaker 1: Mm hmmm, yeah, okay, but this wasn't Maggie McFadden's trial, 430 00:23:34,520 --> 00:23:36,760 Speaker 1: and that's not all that Sherry Carter said. 431 00:23:37,119 --> 00:23:40,200 Speaker 3: Cherry testified that she'd been in a relationship with Brandon 432 00:23:40,240 --> 00:23:43,000 Speaker 3: for three years, that he had a computer at his house, 433 00:23:43,119 --> 00:23:45,600 Speaker 3: and that it was his work computer from the College 434 00:23:45,640 --> 00:23:48,840 Speaker 3: of Southern Maryland and it had a lot of restrictive settings, 435 00:23:49,119 --> 00:23:52,199 Speaker 3: so he wouldn't be able to modify system files or 436 00:23:52,600 --> 00:23:57,320 Speaker 3: download software without an administrator password. And so she then 437 00:23:57,400 --> 00:24:00,240 Speaker 3: testifies that we did this, and he did that, he 438 00:24:00,280 --> 00:24:02,320 Speaker 3: looked up silencers, and then he said he got rid 439 00:24:02,359 --> 00:24:05,400 Speaker 3: of the computer because they looked up so many crazy 440 00:24:05,400 --> 00:24:07,960 Speaker 3: things on the internet in her apartment that if it 441 00:24:08,000 --> 00:24:10,680 Speaker 3: got searched, he didn't want it found. So she says that, 442 00:24:10,840 --> 00:24:13,239 Speaker 3: and she said she'd seen Brandon with a handgun in 443 00:24:13,280 --> 00:24:17,720 Speaker 3: September and October, and her testimony was unimpeached, and. 444 00:24:17,880 --> 00:24:20,800 Speaker 1: Had Brandon's trial attorney known that this computer was not 445 00:24:20,880 --> 00:24:23,520 Speaker 1: only in the state's possession, but also that it had 446 00:24:23,560 --> 00:24:26,960 Speaker 1: been forensically analyzed and no such searches had been detected, 447 00:24:27,320 --> 00:24:31,160 Speaker 1: then he too would have known that Sharry Carter had 448 00:24:31,200 --> 00:24:36,200 Speaker 1: perjured herself and that the state knowingly had presented false evidence. 449 00:24:36,280 --> 00:24:39,520 Speaker 1: But without that knowledge, well trial counsel they did the 450 00:24:39,520 --> 00:24:40,160 Speaker 1: best they could. 451 00:24:40,680 --> 00:24:43,920 Speaker 3: A lot of the case was made on cross examination. Basically, 452 00:24:43,960 --> 00:24:46,080 Speaker 3: the argument was that the bottle was not a silencer, 453 00:24:46,119 --> 00:24:48,280 Speaker 3: but it was a boon, that the DNA did not 454 00:24:48,560 --> 00:24:51,800 Speaker 3: indicate that he had any role in constructing a silencer 455 00:24:51,920 --> 00:24:55,080 Speaker 3: or anything like that, and that Jodie's DNA was found 456 00:24:55,080 --> 00:24:57,840 Speaker 3: on it again that would corroborate the idea of it 457 00:24:57,880 --> 00:25:00,560 Speaker 3: being a bong, and that the state's theory about the 458 00:25:00,600 --> 00:25:04,119 Speaker 3: silencer failed to explain the presence of JODI's DNA. But 459 00:25:04,160 --> 00:25:07,640 Speaker 3: there was also a lot of references to who else 460 00:25:07,720 --> 00:25:10,160 Speaker 3: might have had a motive. Here you have Emmanuel Quarterly, 461 00:25:10,200 --> 00:25:13,760 Speaker 3: who's the other boyfriend of Jody. Then you have Maggie 462 00:25:13,840 --> 00:25:19,159 Speaker 3: McFadden who's all over the place threatening people, confessing to shootings, 463 00:25:19,200 --> 00:25:22,720 Speaker 3: alluding that it was Jody, and the fact that she's 464 00:25:22,800 --> 00:25:25,640 Speaker 3: directing her brothers what to do and how to talk 465 00:25:25,680 --> 00:25:29,760 Speaker 3: to the police. And then Maggie McFadden's friend Steve Burnett, 466 00:25:30,000 --> 00:25:33,160 Speaker 3: lied to the police about his whereabouts and was never 467 00:25:33,200 --> 00:25:34,960 Speaker 3: able to explain what he was doing. 468 00:25:35,280 --> 00:25:38,520 Speaker 1: Plus, Brandon's wife testified about their arrangement and how she 469 00:25:38,640 --> 00:25:41,240 Speaker 1: knew that he had children with other women, So he 470 00:25:41,280 --> 00:25:44,359 Speaker 1: would not have been motivated to kill Jody for keeping 471 00:25:44,359 --> 00:25:45,280 Speaker 1: the baby. 472 00:25:45,280 --> 00:25:48,719 Speaker 3: Without this whole computer thing trying to tie him up 473 00:25:48,760 --> 00:25:51,359 Speaker 3: to this bong that they claim was a silencer, and 474 00:25:51,600 --> 00:25:55,400 Speaker 3: have no forensic evidence whatsoever. They really didn't have anything 475 00:25:55,400 --> 00:25:57,760 Speaker 3: of a case. The only couple witnesses they had were 476 00:25:57,920 --> 00:26:02,080 Speaker 3: really alternate suspects. Sherry, this was, I would say, the 477 00:26:02,119 --> 00:26:04,919 Speaker 3: butt four witness. That was not for this witness, he 478 00:26:04,920 --> 00:26:08,239 Speaker 3: wouldn't have been convicted. And she testified the computer had 479 00:26:08,240 --> 00:26:12,439 Speaker 3: been destroyed. The jury instruction, I'll read it verbatim. You 480 00:26:12,520 --> 00:26:15,560 Speaker 3: have heard evidence that the defendant removed a computer from 481 00:26:15,560 --> 00:26:18,520 Speaker 3: the house of Sherry Carter. Concealment of evidence is not 482 00:26:18,680 --> 00:26:21,880 Speaker 3: enough by itself to establish guilt, but may be considered 483 00:26:21,920 --> 00:26:25,600 Speaker 3: as evidence of guilt. Concealment of evidence may be motivated 484 00:26:25,640 --> 00:26:28,159 Speaker 3: by a variety of factors, some of which are fully 485 00:26:28,160 --> 00:26:31,760 Speaker 3: consistent with innocence. You must first decide whether the defendant 486 00:26:31,760 --> 00:26:34,840 Speaker 3: concealed any evidence in this case. If you find that 487 00:26:34,840 --> 00:26:37,920 Speaker 3: the defendant concealed evidence in this case, then you must 488 00:26:37,920 --> 00:26:42,040 Speaker 3: decide whether that conduct shows a consciousness of guilt. Crucially, 489 00:26:42,440 --> 00:26:46,160 Speaker 3: this instruction allowed the jury to infer guilt from Brandon's 490 00:26:46,200 --> 00:26:48,879 Speaker 3: alleged decision to get rid of the laptop due to 491 00:26:49,000 --> 00:26:52,800 Speaker 3: search history, and the only basis for the instruction was 492 00:26:52,840 --> 00:26:58,280 Speaker 3: Sherry Carter's testimony. So essentially the instruction was that if 493 00:26:58,320 --> 00:27:02,840 Speaker 3: he concealed every evidence that could be used as consciousness 494 00:27:02,840 --> 00:27:03,320 Speaker 3: of guilt. 495 00:27:03,840 --> 00:27:06,440 Speaker 2: You know, I don't have a criminal record, I've never 496 00:27:06,480 --> 00:27:09,119 Speaker 2: been through anything like this, and so you still have 497 00:27:09,359 --> 00:27:12,439 Speaker 2: some faith system that if you didn't do something, you're 498 00:27:12,480 --> 00:27:15,159 Speaker 2: not going to get Even with all the stuff that 499 00:27:15,320 --> 00:27:18,719 Speaker 2: state was trying to make up, go and drown, no 500 00:27:18,760 --> 00:27:21,159 Speaker 2: one that took the stand actually said I didn't, So 501 00:27:21,320 --> 00:27:23,280 Speaker 2: I did still have hope. I didn't think that it 502 00:27:23,320 --> 00:27:40,800 Speaker 2: was going to end up the way it did. So 503 00:27:40,840 --> 00:27:43,560 Speaker 2: they simply a North France, which is the highest security 504 00:27:43,640 --> 00:27:46,080 Speaker 2: level prison in Maryland, which is actually I believe it 505 00:27:46,119 --> 00:27:47,840 Speaker 2: was the Ultra Max or something like that. I think 506 00:27:47,840 --> 00:27:52,639 Speaker 2: they have a superstructure show about the prison, which this 507 00:27:52,760 --> 00:27:54,560 Speaker 2: is like a one on one They would call it 508 00:27:54,560 --> 00:27:56,919 Speaker 2: twenty three and one, which you like in yourself about 509 00:27:56,920 --> 00:28:00,000 Speaker 2: twenty three hours a day, and so yeah, so I'm 510 00:28:00,200 --> 00:28:04,119 Speaker 2: up here basically. Ever since prison being what it is, 511 00:28:04,160 --> 00:28:06,639 Speaker 2: there's things that are normalized in here that should not 512 00:28:06,760 --> 00:28:09,520 Speaker 2: be normal. I don't even remember the amount of people 513 00:28:09,520 --> 00:28:12,679 Speaker 2: that's been killed stuff in here anymore. People being murdered 514 00:28:12,680 --> 00:28:15,840 Speaker 2: in here. It's not even spoke about it. It's like 515 00:28:16,440 --> 00:28:19,119 Speaker 2: it's something that people say in passion now because it 516 00:28:19,200 --> 00:28:22,280 Speaker 2: happened so often, Like the man who was murdered by 517 00:28:22,280 --> 00:28:25,439 Speaker 2: the Coressian authors that was caught on the body camera recently, 518 00:28:25,960 --> 00:28:28,720 Speaker 2: people and outrage about it, which they should be, but 519 00:28:28,800 --> 00:28:31,639 Speaker 2: that happens daily like that. It just because it finally 520 00:28:31,760 --> 00:28:32,520 Speaker 2: was one video. 521 00:28:33,200 --> 00:28:37,200 Speaker 1: And of course he's talking about Robert Brooks, the man 522 00:28:37,240 --> 00:28:41,360 Speaker 1: who was murdered on video, brutally murdered by a group 523 00:28:41,560 --> 00:28:46,960 Speaker 1: of New York State Correction officers. Now, Robert, what can 524 00:28:47,000 --> 00:28:51,880 Speaker 1: we say? Rest in peace? And to his point, from 525 00:28:51,880 --> 00:28:55,000 Speaker 1: what we hear during these interviews, that kind of thing 526 00:28:55,360 --> 00:28:59,040 Speaker 1: is all too common behind the walls. And that makes 527 00:28:59,080 --> 00:29:03,680 Speaker 1: post conviction, that gation all that more urgent, because every 528 00:29:03,800 --> 00:29:07,760 Speaker 1: day is life and death. And Brandon tapped into his 529 00:29:07,920 --> 00:29:10,360 Speaker 1: scholastic background in the law library. 530 00:29:10,520 --> 00:29:12,320 Speaker 2: The only thing I really do is read the law, 531 00:29:12,480 --> 00:29:15,840 Speaker 2: read the Bible. And once I got confident in my 532 00:29:16,040 --> 00:29:19,400 Speaker 2: legal abilities as far as filing briefs and things of 533 00:29:19,400 --> 00:29:22,040 Speaker 2: that nature, probably in the past seven years, I think 534 00:29:22,080 --> 00:29:25,640 Speaker 2: I've helped about twenty guys get positive results in cases, 535 00:29:25,840 --> 00:29:28,640 Speaker 2: regardless that that's them going home, getting admitted in the 536 00:29:28,680 --> 00:29:33,160 Speaker 2: drug program, getting time cut, finding information similar to mine. 537 00:29:33,640 --> 00:29:35,360 Speaker 1: So let's get back to Brandon's case. 538 00:29:35,840 --> 00:29:38,560 Speaker 2: I had filed a public information next, and once I 539 00:29:38,640 --> 00:29:40,760 Speaker 2: finally got the police file was when I found the 540 00:29:40,880 --> 00:29:44,320 Speaker 2: information about the computer. In fact, it was on page 541 00:29:44,400 --> 00:29:47,480 Speaker 2: four because I'm up all night doing legal work, and 542 00:29:47,560 --> 00:29:49,800 Speaker 2: so i had my light on and I'm flipping the 543 00:29:49,800 --> 00:29:52,600 Speaker 2: page and I saw it, and I'm just I started 544 00:29:52,600 --> 00:29:54,200 Speaker 2: talking to myself. Really, I'm like, oh, this is what 545 00:29:54,240 --> 00:29:56,080 Speaker 2: I've been talking about all along. 546 00:29:56,160 --> 00:29:59,240 Speaker 3: The state had not only the computer, but they also 547 00:29:59,360 --> 00:30:02,880 Speaker 3: had the announcealysis of the computers that was done by 548 00:30:02,880 --> 00:30:07,120 Speaker 3: the state's computer experts, which concluded that these searches had 549 00:30:07,160 --> 00:30:10,680 Speaker 3: not been done on these computers and that was not 550 00:30:10,800 --> 00:30:13,959 Speaker 3: disclosed to the defense. So it completely proves that Sherry 551 00:30:14,080 --> 00:30:17,840 Speaker 3: was lying and they deliberately presented false evidence. Then they 552 00:30:17,880 --> 00:30:20,479 Speaker 3: had the jury instructed that he was the one that 553 00:30:20,640 --> 00:30:21,440 Speaker 3: hid the evidence. 554 00:30:21,840 --> 00:30:24,080 Speaker 2: So the very next morning I called Justin Brown to 555 00:30:24,160 --> 00:30:26,840 Speaker 2: let him know what I found in there, and when 556 00:30:26,840 --> 00:30:29,959 Speaker 2: we started filing it from there, that was in twenty sixteen. 557 00:30:30,320 --> 00:30:33,800 Speaker 1: They also discovered Michael Bradley's initial interview in which he 558 00:30:33,920 --> 00:30:37,280 Speaker 1: corroborated Brandon's alibi, as well as that they at one 559 00:30:37,320 --> 00:30:39,560 Speaker 1: point had had video of the road leading up to 560 00:30:39,640 --> 00:30:43,240 Speaker 1: JODI's home which could have identified the actual killer, but 561 00:30:43,760 --> 00:30:46,200 Speaker 1: mysteriously it somehow went missing. 562 00:30:46,920 --> 00:30:50,320 Speaker 3: So there were so many things that were exculpatory that 563 00:30:50,480 --> 00:30:53,240 Speaker 3: the jury should have heard about but didn't hear about, 564 00:30:53,560 --> 00:30:57,080 Speaker 3: and instead were fed this false bill of lies about 565 00:30:57,520 --> 00:31:01,600 Speaker 3: silencers and computer searches and destruction of evidence that not 566 00:31:01,680 --> 00:31:05,200 Speaker 3: only wasn't true, but the opposite was true. It was 567 00:31:05,240 --> 00:31:08,000 Speaker 3: the government that was hiding the evidence and they did 568 00:31:08,080 --> 00:31:11,760 Speaker 3: it to secure this false conviction against Brandon, and Justin Brown, 569 00:31:11,800 --> 00:31:14,320 Speaker 3: who was Brandon's attorney at that time, did an excellent 570 00:31:14,400 --> 00:31:17,920 Speaker 3: job presenting it. At the post conviction level. Judge Silkworth 571 00:31:18,040 --> 00:31:21,880 Speaker 3: granted the post conviction relief based upon your Brady violation, 572 00:31:22,120 --> 00:31:25,040 Speaker 3: which the court concluded that it was significant enough to 573 00:31:25,440 --> 00:31:28,160 Speaker 3: vacate the conviction and remain for a new trial, and. 574 00:31:28,160 --> 00:31:30,840 Speaker 1: Since twenty sixteen, the state has tied them up on 575 00:31:30,920 --> 00:31:33,600 Speaker 1: appeal rather than allow the new trial to go forward. 576 00:31:33,760 --> 00:31:37,360 Speaker 1: And in that time, Beth and Donna Fairman, as well 577 00:31:37,400 --> 00:31:40,640 Speaker 1: as a team from the powerhouse law firm Scadden, have 578 00:31:40,760 --> 00:31:44,680 Speaker 1: fought to maintain that twenty sixteen new trial motion all 579 00:31:44,720 --> 00:31:48,600 Speaker 1: the way to most recently the Fourth Circuit Court of Appeals. 580 00:31:48,920 --> 00:31:53,120 Speaker 3: At that level, Brandon was represented by some excellent lawyers 581 00:31:53,160 --> 00:31:56,800 Speaker 3: from Scadden who did an outstanding job, and basically a 582 00:31:56,800 --> 00:32:01,360 Speaker 3: three judge panel concluded that he's entitled to a new trial. 583 00:32:01,560 --> 00:32:04,760 Speaker 3: And so that's where we are right now. I am 584 00:32:05,160 --> 00:32:08,920 Speaker 3: looking forward to representing him at his trial or Donald Fairman, 585 00:32:09,120 --> 00:32:13,479 Speaker 3: and I think that he has waited way too long 586 00:32:13,760 --> 00:32:15,680 Speaker 3: for justice to happen here. 587 00:32:16,080 --> 00:32:19,160 Speaker 1: So here we are in February twenty twenty five, as 588 00:32:19,160 --> 00:32:23,160 Speaker 1: the state has a few more delayed tactics to still try, because, 589 00:32:23,360 --> 00:32:26,120 Speaker 1: after all, what the hell are they going to present 590 00:32:26,200 --> 00:32:30,440 Speaker 1: at a new trial? Michael Bradley, Sherry Carter, I mean, 591 00:32:31,360 --> 00:32:34,880 Speaker 1: multiple DNA profiles found on a bond. Maybe, I mean 592 00:32:34,920 --> 00:32:35,480 Speaker 1: I can't. 593 00:32:35,240 --> 00:32:35,720 Speaker 2: With this shit. 594 00:32:36,360 --> 00:32:40,720 Speaker 1: But before I actually lose my shit, let's go to 595 00:32:40,800 --> 00:32:44,120 Speaker 1: closing arguments, where first of all, I want to thank 596 00:32:44,640 --> 00:32:47,840 Speaker 1: both of you for joining us today. So now I'm 597 00:32:47,840 --> 00:32:50,440 Speaker 1: going to turn off my microphone, leave my headphones on 598 00:32:50,480 --> 00:32:52,600 Speaker 1: and kick back in my chair and just listen to 599 00:32:52,720 --> 00:32:57,480 Speaker 1: anything else you want to share. So Elizabeth, you go first. 600 00:32:57,720 --> 00:33:00,280 Speaker 1: Then just sort of hand the microphone off the rand 601 00:33:00,320 --> 00:33:02,000 Speaker 1: and he'll take us off into the sunset. 602 00:33:02,280 --> 00:33:05,160 Speaker 3: I think that he has been the victim of a 603 00:33:05,400 --> 00:33:08,640 Speaker 3: grievous injustice, that the system has failed him time and 604 00:33:08,680 --> 00:33:12,800 Speaker 3: time again. I am, however, grateful to the courts that 605 00:33:12,880 --> 00:33:16,360 Speaker 3: saw things as they should have and granted him a 606 00:33:16,400 --> 00:33:21,760 Speaker 3: new trial, and I feel confident that Jerry, hearing actual 607 00:33:21,800 --> 00:33:26,360 Speaker 3: evidence rather than evidence that was manufactured twisted around, we'll 608 00:33:26,400 --> 00:33:29,080 Speaker 3: see that he's an innocent man and will find him 609 00:33:29,080 --> 00:33:30,720 Speaker 3: not guilty when he goes to trial. 610 00:33:31,000 --> 00:33:33,400 Speaker 2: Thank you for having us on here and giving us 611 00:33:33,400 --> 00:33:37,920 Speaker 2: the opportunity to have this conversation, because with how everything 612 00:33:38,000 --> 00:33:42,880 Speaker 2: has gone here, you see that the way that things 613 00:33:42,920 --> 00:33:46,160 Speaker 2: are spoken about from one point of view are not 614 00:33:46,240 --> 00:33:49,240 Speaker 2: necessarily what it really is, and so you have so 615 00:33:49,360 --> 00:33:51,960 Speaker 2: many lies and those things that will put into the trial. 616 00:33:52,040 --> 00:33:53,960 Speaker 2: You know, Yeah, people I know on the street that 617 00:33:54,320 --> 00:33:57,959 Speaker 2: don't know the truth about the situation and will repeat 618 00:33:57,960 --> 00:34:00,120 Speaker 2: stuff that's on the news because they don't understand and 619 00:34:00,520 --> 00:34:02,720 Speaker 2: that the news is just getting stuff from the police, 620 00:34:02,760 --> 00:34:05,160 Speaker 2: and so you have stuff going to family members, kids, 621 00:34:05,240 --> 00:34:07,040 Speaker 2: all of that stuff that are being said that clearly 622 00:34:07,040 --> 00:34:09,840 Speaker 2: aren't true, and there's no way for these people to 623 00:34:09,840 --> 00:34:12,560 Speaker 2: get the actual information. So I do believe that this 624 00:34:12,640 --> 00:34:17,320 Speaker 2: is a very important outlet. And for me clearly sitting 625 00:34:17,360 --> 00:34:20,880 Speaker 2: in here, I understand that this isn't what I want 626 00:34:21,400 --> 00:34:24,719 Speaker 2: to be here, but I also know that certain positive 627 00:34:24,880 --> 00:34:28,080 Speaker 2: things still occur. What you have to look for, you 628 00:34:28,120 --> 00:34:30,440 Speaker 2: have to understand what is wanted from you, what is 629 00:34:30,480 --> 00:34:32,600 Speaker 2: needed from you, And so that's why, like I said earlier, 630 00:34:32,680 --> 00:34:34,719 Speaker 2: I try to help in any way I can with 631 00:34:34,800 --> 00:34:37,640 Speaker 2: anyone because you never know why God has allowed you 632 00:34:37,719 --> 00:34:40,800 Speaker 2: to be in a certain situation. But if you don't 633 00:34:41,080 --> 00:34:42,879 Speaker 2: try to do the things that He wants to do, 634 00:34:43,320 --> 00:34:45,279 Speaker 2: then there's no positive that's going to come from it, 635 00:34:45,320 --> 00:34:46,920 Speaker 2: and then you're just looking at everything from such a 636 00:34:47,000 --> 00:34:49,520 Speaker 2: negative point of view. And so I know that at 637 00:34:49,520 --> 00:34:52,759 Speaker 2: some point, when it's the proper time, I'll be out 638 00:34:52,760 --> 00:34:54,800 Speaker 2: of here. But while I'm in here, I'm going to 639 00:34:54,840 --> 00:34:56,960 Speaker 2: continue to try to help people because I've always done that, 640 00:34:57,280 --> 00:35:00,319 Speaker 2: and so just try to keep the positive mind say, 641 00:35:00,560 --> 00:35:03,840 Speaker 2: while continuing the fight for right, really for the justice, 642 00:35:03,880 --> 00:35:06,319 Speaker 2: for the truth. My kid, my family, They're the most 643 00:35:06,320 --> 00:35:08,840 Speaker 2: important thing to do. And so to be able to 644 00:35:08,840 --> 00:35:13,080 Speaker 2: get home to them and give the in person support 645 00:35:13,280 --> 00:35:14,759 Speaker 2: that I should have been able to give to them, 646 00:35:14,800 --> 00:35:16,560 Speaker 2: their whole labs up and lock up for the most 647 00:35:16,600 --> 00:35:19,120 Speaker 2: part of their whole labs. And so I'll just pray 648 00:35:19,239 --> 00:35:19,879 Speaker 2: that happened soon. 649 00:35:25,320 --> 00:35:27,960 Speaker 1: Thank you for listening to Wrongful Conviction. You can listen 650 00:35:28,000 --> 00:35:30,359 Speaker 1: to this and all the Lava for Good podcasts one 651 00:35:30,400 --> 00:35:33,400 Speaker 1: week early and ed free by subscribing to Lava for 652 00:35:33,440 --> 00:35:36,239 Speaker 1: Good Plus on Apple Podcasts. I want to thank our 653 00:35:36,280 --> 00:35:39,440 Speaker 1: production team, Connor Hall and Kathleen Fink, as well as 654 00:35:39,440 --> 00:35:43,280 Speaker 1: my fellow executive producers Jeff Kempler, Kevin Wartis, and Jeff Cliber. 655 00:35:43,360 --> 00:35:45,440 Speaker 1: The music in this production was supplied by three time 656 00:35:45,520 --> 00:35:48,560 Speaker 1: OSCAR nominated composer Jay Rowse. Be sure to follow us 657 00:35:48,600 --> 00:35:51,680 Speaker 1: across all social media platforms at Lava for Good and 658 00:35:51,719 --> 00:35:54,719 Speaker 1: at Wrongful Conviction. You can also follow me on Instagram 659 00:35:54,760 --> 00:35:57,600 Speaker 1: at It's Jason Flamm. Wrongful Conviction is a production of 660 00:35:57,680 --> 00:36:01,400 Speaker 1: Lava for Good Podcasts and Association, a Signal Company Number one. 661 00:36:01,440 --> 00:36:03,840 Speaker 1: We have worked hard to ensure that all facts reported 662 00:36:03,880 --> 00:36:06,720 Speaker 1: in this show are accurate. The views and opinions expressed 663 00:36:06,719 --> 00:36:09,080 Speaker 1: by the individuals featured in this show are their own 664 00:36:09,160 --> 00:36:11,600 Speaker 1: and do not necessarily reflect those of Love of for 665 00:36:11,719 --> 00:36:11,959 Speaker 1: Good