WEBVTT - #373 Jason Flom with Elwood Jones

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<v Speaker 1>On Labor Day weekend nineteen ninety four, Rooda Nathan flew

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<v Speaker 1>into Cincinnati for a bar mitzvah. She shared a room

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<v Speaker 1>at the Embassy Suites in the nearby suburb of Blue

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<v Speaker 1>Ash with two friends. On the morning of Saturday, September third,

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<v Speaker 1>her friends went down to the complimentary breakfast, leaving Rhoda

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<v Speaker 1>behind to shower. They returned less than an hour later

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<v Speaker 1>to a bloody scene after life saving measures had failed,

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<v Speaker 1>and autopsy revealed blood force trauma to Roda Nathan's head

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<v Speaker 1>and torso, as well as that two teeth were missing.

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<v Speaker 1>Also missing five hundred dollars had some jewelry, allegedly including

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<v Speaker 1>a pendant that Rhoda always wore. There was no sign

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<v Speaker 1>of forced entry, so the police narrowed their search to

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<v Speaker 1>hotel employees, eventually discovering one staffer named Elwood Jones, who

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<v Speaker 1>had injured his hand that day. Further investigation revealed his

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<v Speaker 1>access to a master key, as well as various objects

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<v Speaker 1>there could have been responsible for Rodin Nathan's injuries, including

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<v Speaker 1>a walkie talkie and a door chain found in his car.

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<v Speaker 1>During the following week, el was injured hand became infected.

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<v Speaker 1>His treating physician noted a bacteria in the wound that

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<v Speaker 1>is commonly found in human mouths. The state argued that

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<v Speaker 1>Elwood Jones infected himself in knocking out Rooda Nathan's teeth,

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<v Speaker 1>which sounded scientific enough to the jury. But this is

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<v Speaker 1>raeful conviction. Welcome back to Rafel conviction, where we're covering

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<v Speaker 1>yet another story of an innocent man who had been

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<v Speaker 1>sentenced to death in Ohio. This time it's out of

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<v Speaker 1>Hamilton County, which encompasses Cincinnati, and when it comes to

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<v Speaker 1>raefel convictions in Ohio, Hamilton is second only to Cuyahoga County.

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<v Speaker 1>And this time it's believed that the prosecutors at trial,

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<v Speaker 1>Mark Pete Meyer and Seth Tiger, names you're going to

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<v Speaker 1>become fromiliar with. Well, it appears that they knew that

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<v Speaker 1>Elwood Jones was innocent but sent him to death. Throw anyway, Elwood,

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<v Speaker 1>I'm so sorry about where you've been and what you've

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<v Speaker 1>been through, but I'm happy and honored to have you

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<v Speaker 1>here today. Thank you, You're very welcome. And joining him

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<v Speaker 1>or two of his attorneys, David Hine, first of all, welcome,

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<v Speaker 1>thank you, glad to be here, and of course j Clark.

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<v Speaker 2>Thanks Jason. I'm glad to be here as well.

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<v Speaker 1>So let's start right from the beginning. As I mentioned,

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<v Speaker 1>this is a Cincinnati story through and through, and you

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<v Speaker 1>grew up there, right.

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<v Speaker 3>I was born in Susinaoha. I grew up downtown in

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<v Speaker 3>West the end. I went to Catholic school. My parents

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<v Speaker 3>now moved to the suburbs in the later years.

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<v Speaker 1>And what was Cincinnati like back then?

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<v Speaker 3>You tell him about in the sixties, and what none

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<v Speaker 3>spectacular about if you're talking about the criminal justice system

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<v Speaker 3>is just as worse as it is now.

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<v Speaker 1>Yeah, I believe you.

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<v Speaker 2>There was a study that Hamilton County, by zip code,

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<v Speaker 2>has more people on death row than anywhere else in

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<v Speaker 2>the country.

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<v Speaker 1>Wow.

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<v Speaker 2>I think that in Cuyahoga County they had the same problem,

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<v Speaker 2>as they have one or two or three prosecutors who

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<v Speaker 2>think the rules don't apply and they shouldn't apply. There's

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<v Speaker 2>probably a handful of three or four assistant prosecutors whose

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<v Speaker 2>names keep coming up constantly in cases that have been reversed.

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<v Speaker 1>I mean, if you think about it, the rules kind

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<v Speaker 1>of don't apply to any prosecutor. Their immunity from accountability

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<v Speaker 1>leaves them free to chase the tough on crime image,

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<v Speaker 1>and with this anything goes mentality, we too often see

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<v Speaker 1>a trail of wrongful convictions in their way. And clearly

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<v Speaker 1>Cincinnati was, and sad to say, still is no exception.

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<v Speaker 3>It's a very conservative city. And I understand that I

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<v Speaker 3>get that and not believe in law and aught that

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<v Speaker 3>I do, even though I was on the other side

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<v Speaker 3>of the track when I became adult. A couple of

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<v Speaker 3>times I was arrested.

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<v Speaker 1>What was that for?

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<v Speaker 3>It was? And burgery?

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<v Speaker 1>That was it? All right? So your record wasn't exactly clean,

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<v Speaker 1>but no violent crimes. And I understand that by now

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<v Speaker 1>you had paid your debt to society and had a

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<v Speaker 1>job working at a hotel, steady job at the Embassy

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<v Speaker 1>Suites in the Cincinnati suburb called Blue Ash, and you

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<v Speaker 1>were in your early forties by this time, married, so

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<v Speaker 1>things were stabilized. And what was your wife's name?

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<v Speaker 3>Ebon. I had a friend on the side, and I

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<v Speaker 3>think there was another piece of the paws in tree

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<v Speaker 3>that they used that I was having an affair. The

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<v Speaker 3>name was Earlene Metcalff non Meta. In ninety four, Erlein.

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<v Speaker 1>Was one of Elwood's coworkers at the Embassy suites in

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<v Speaker 1>Blue Ash, And obviously, I think most people would agree

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<v Speaker 1>that although theft and infidelity are usually not items on

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<v Speaker 1>the top of anyone's resume, they just don't merit a

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<v Speaker 1>death sentence. These things are also not indicative of someone

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<v Speaker 1>being the type of person to bludgeon another human being

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<v Speaker 1>to death. In this case, a sixty seven year old

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<v Speaker 1>hotel guest named Rhoda Nathan. She had come into Blue

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<v Speaker 1>Ash from New Jersey on Friday, September second, nineteen ninety four,

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<v Speaker 1>the day before she died.

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<v Speaker 4>Nathan came in for her best friend's grandson's bar mitzvah.

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<v Speaker 4>So she was traveling with a friend, Elaine Shubb, and

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<v Speaker 4>her friend's boyfriend, Joe Kaplan, when the three of them

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<v Speaker 4>were staying in the hotel together, and part of the

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<v Speaker 4>state's narrative here is that Roda Nathan's friend and her

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<v Speaker 4>boyfriend were coming from Florida and had checked in earlier

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<v Speaker 4>in the day, just as two people Rode Nathan was

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<v Speaker 4>traveling in from New Jersey. She had a different flight,

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<v Speaker 4>she got there later, and the state's position was, whoever

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<v Speaker 4>was watching the room thought that there were only two

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<v Speaker 4>people in the room and there were actually three people

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<v Speaker 4>staying there, and then the next morning Rhoda's traveling companions

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<v Speaker 4>got up and went down for breakfast, Rota stayed behind

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<v Speaker 4>to shower. So the story goes, whoever was watching this

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<v Speaker 4>room room entered the room, expecting the room to be

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<v Speaker 4>empty so that they could take whatever they wanted, and

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<v Speaker 4>were surprised to find.

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<v Speaker 5>Wrote to Nathan in the room.

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<v Speaker 1>You know what I was reading about this? I thought,

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<v Speaker 1>if the goal was to steal, then why not just

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<v Speaker 1>pretend to be housekeeping and leave, you know, without murdering someone.

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<v Speaker 1>I mean, at first glance, there's already a hole in

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<v Speaker 1>the store you could drive a truck through. But okay,

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<v Speaker 1>so I would hear from Elwood. I would tell me

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<v Speaker 1>about that morning.

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<v Speaker 3>So when I came in that morning at four point

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<v Speaker 3>thirty and brought Earleen to work, we clocked in I

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<v Speaker 3>think it was about quarter to five. I usually come

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<v Speaker 3>in early in the morning to help in the comp breakfast,

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<v Speaker 3>and then I would go to the banquet department and

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<v Speaker 3>finish my day out.

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<v Speaker 1>On that particular day, one of Elwood's coworkers had called

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<v Speaker 1>out sex, so he had to pull double duty, floating

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<v Speaker 1>between complimentary breakfast and the banquet departments. So after setting

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<v Speaker 1>up camp breakfast, he went up to the banquet halls,

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<v Speaker 1>which were not in the best.

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<v Speaker 3>They was trashed, so I had to clean them out

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<v Speaker 3>and come downstairs. I think it was around six, and

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<v Speaker 3>going to the dumpster, I tripped going up the steps

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<v Speaker 3>to the dumpsters the metal stairs. Going up there, I

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<v Speaker 3>smashed my hand. Come on back into the kitchen, clean

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<v Speaker 3>my hand, put a band aid on it, and went

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<v Speaker 3>on back to work. I think it was around eight

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<v Speaker 3>or something. After that the scream was upstairs. I was

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<v Speaker 3>in compbrepast. Everybody started going upstairs to see what.

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<v Speaker 1>Happened, and the scream, you know, presumably came from Elaine Shubb,

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<v Speaker 1>who first came upon this literal here scene rode to.

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<v Speaker 1>Nathan was naked, covered in blood, and the area around

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<v Speaker 1>her was, you know, a bloody mess. So whoever attacked

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<v Speaker 1>her would logically and certainly have been covered in blood.

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<v Speaker 4>Within the minute of this vicious attack, Elwood was standing

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<v Speaker 4>in the restaurant, completely composed in the clothes that he

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<v Speaker 4>was in, not disheveled in any way, not covered in blood.

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<v Speaker 2>Whoever did this had to have been covered in blood themselves.

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<v Speaker 1>Right, Jay and At this point, no one knew what happened.

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<v Speaker 1>They were just trying to save Rhoda, who had blood

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<v Speaker 1>pouring from her mouth.

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<v Speaker 2>I think the initial thought was that she had had

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<v Speaker 2>a medical emergency, probably a heart attack or something along

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<v Speaker 2>that line. The guest a Hotel who was also a nurse,

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<v Speaker 2>they were trying to render her first aid.

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<v Speaker 4>She was still breathing and she still had a pulse,

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<v Speaker 4>but she was struggling like she was I think, effectively

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<v Speaker 4>choking on the blood. So one of the issues here

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<v Speaker 4>is that they kept taking towels and trying to mop

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<v Speaker 4>the blood out of her throat and out of her

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<v Speaker 4>mouth to kind of clear the airway. All of those

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<v Speaker 4>towels used to help clean up the room that would

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<v Speaker 4>have had DNA on it were thrown out when.

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<v Speaker 2>Blue Ash Fire department arrived. I think they tried to

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<v Speaker 2>intubate her, and that gets to another issue about teeth

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<v Speaker 2>maybe being dislodged or broken out.

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<v Speaker 1>Later on, the States speculated that Rooda Nathan's broken teeth

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<v Speaker 1>were responsible for the injury and the infection on ELA's hand.

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<v Speaker 1>But back to the immediate aftermath. At this point, the

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<v Speaker 1>room was not yet being treated as a crime scene.

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<v Speaker 1>Evidence was being contaminated or destroyed, and new injuries were

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<v Speaker 1>potentially being created by first responders and medical personnel that

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<v Speaker 1>added to the overall picture. At the autopsy, she was

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<v Speaker 1>pronounced dead Epitheesda North Hospital and then was taken to

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<v Speaker 1>the Hamilton County Coroner's office.

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<v Speaker 4>What they reported in the autopsy was that there was

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<v Speaker 4>Bluntfort's trauma and I think they said that there were

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<v Speaker 4>blows to the torso, the face, and the jaw.

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<v Speaker 1>She also tested positive for hepatitis B right.

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<v Speaker 5>She was actively infected with it.

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<v Speaker 1>Although we cannot be one hundred percent sure. This suggests

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<v Speaker 1>that she was infected with hepatitis B prior to the attack,

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<v Speaker 1>and that became pretty important later on. However, as soon

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<v Speaker 1>as her death was rolled a homicide, two thirty seven

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<v Speaker 1>was then considered a crime scene, where they discovered that

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<v Speaker 1>about five hundred dollars was missing, along with some jewelry,

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<v Speaker 1>allegedly including a pendant necklace that Rhoda's traveling companion, Elaine Shubb,

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<v Speaker 1>said that Roda had always worn. I know, you guys

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<v Speaker 1>had said that the bloody towels had been tossed, right,

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<v Speaker 1>So was there any other probative physical evidence at all.

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<v Speaker 4>So there were fingernails, scrapeigs, some hairs, things of that nature.

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<v Speaker 4>There was blood all over the room, so they scraped

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<v Speaker 4>it from all over the place, the television, the bed,

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<v Speaker 4>the table, the carpets, the walls, the doors, et cetera.

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<v Speaker 4>And there should have been direct evidence of whoever was

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<v Speaker 4>involved in this crime, because you were going in there

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<v Speaker 4>immediately after the killers.

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<v Speaker 1>DNA should have at least been under her fingernails. None

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<v Speaker 1>of it was a match for Elwood. But before any

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<v Speaker 1>of that was even tested, they started talking to staff

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<v Speaker 1>and hotel guests, and they were leaning towards the staffer

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<v Speaker 1>since there was no sign of forced entry. Oh you

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<v Speaker 1>know how sometimes they focused on the guy just because

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<v Speaker 1>they have a prior record. You think that's why they

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<v Speaker 1>focused on you.

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<v Speaker 3>I really can't say, because it was at least thirty

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<v Speaker 3>seven of the employees with criminal records, and some of

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<v Speaker 3>them worse than mine. From the general managerone down.

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<v Speaker 1>Wow, So there was thirty seven all right, Well, listen,

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<v Speaker 1>you know, more power to the hotel for giving guys

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<v Speaker 1>a second chance and women too. Right, So when did

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<v Speaker 1>you go in for your interview?

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<v Speaker 3>I think around eleven. I went up to be interviewed.

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<v Speaker 3>It was Sogeant Lily John Latt, and I'm pretty sure

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<v Speaker 3>it was Stokes in there there at that time, and

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<v Speaker 3>they asked me what happened.

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<v Speaker 1>I wrote my statement, so you were free to go.

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<v Speaker 1>But eventually they came back to you, seized and search

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<v Speaker 1>your car, found or allegedly found items in your toolbox

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<v Speaker 1>that they thought were incriminating. But that didn't happen that

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<v Speaker 1>Saturday or even the next day.

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<v Speaker 3>Well, on the Sunday, I went to Lublin and was

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<v Speaker 3>at Earlene's house, and I had a guy named Jimmy

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<v Speaker 3>plus my radiate out seem the last person used my tub.

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<v Speaker 1>Bouts right, and what Jimmy saw or didn't see became

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<v Speaker 1>very important later on in your case. And we'll get

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<v Speaker 1>to that in a minute. So, Dave, what made them

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<v Speaker 1>focus on Elwood.

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<v Speaker 4>What ultimately got the police and the state to start

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<v Speaker 4>looking at Elwood, was that he had, as he mentioned earlier,

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<v Speaker 4>cut his hand that day on the dumpster and then

0:12:27.520 --> 0:12:29.040
<v Speaker 4>later when he kind of jammed it in the door,

0:12:29.240 --> 0:12:31.840
<v Speaker 4>and a couple days later went to the hospital because

0:12:31.840 --> 0:12:33.120
<v Speaker 4>it had gotten quite infected.

0:12:33.960 --> 0:12:36.080
<v Speaker 1>Since the victim had been beaten to death, one could

0:12:36.160 --> 0:12:38.960
<v Speaker 1>expect that the assailant's hand might have been injured, and

0:12:39.040 --> 0:12:43.840
<v Speaker 1>Elwood's infection and hospitalization drew unwanted attention to his coincidental

0:12:43.880 --> 0:12:46.760
<v Speaker 1>hand injury, so police spoke to his treating physician, a

0:12:46.880 --> 0:12:50.160
<v Speaker 1>doctor McDonough, and although this was a Strep A infection,

0:12:50.640 --> 0:12:53.600
<v Speaker 1>there was another bacteria present in the wound called icinella,

0:12:53.679 --> 0:12:57.640
<v Speaker 1>which is commonly found in human mouths. This spawned of

0:12:57.760 --> 0:13:01.920
<v Speaker 1>theory that the infection came from wrote in Nathan's teeth. However,

0:13:02.000 --> 0:13:04.600
<v Speaker 1>according to Elwood, he had licked his own wound soon

0:13:04.720 --> 0:13:08.560
<v Speaker 1>after his work related injury had occurred. Elwood saw testing

0:13:08.640 --> 0:13:11.160
<v Speaker 1>for akinella to prove his claim, but was told that

0:13:11.280 --> 0:13:14.640
<v Speaker 1>his heavy course of antibiotics would have already cleared up

0:13:14.679 --> 0:13:18.120
<v Speaker 1>any icinella in his own mouth. Further police interviews with

0:13:18.160 --> 0:13:23.400
<v Speaker 1>hotel staff only served to corroborate Elwood's alibi. However, only

0:13:23.559 --> 0:13:26.680
<v Speaker 1>Arlene Metcalf could give a solid time and place for Elwood.

0:13:27.160 --> 0:13:29.760
<v Speaker 1>At around seven point thirty, the belief time of the murder,

0:13:29.920 --> 0:13:33.040
<v Speaker 1>the pair had gone on break together. It appears the

0:13:33.080 --> 0:13:36.360
<v Speaker 1>police found this alibi too convenient and brought him in

0:13:36.400 --> 0:13:39.560
<v Speaker 1>again for questioning on September twelfth.

0:13:39.520 --> 0:13:42.680
<v Speaker 3>When They questioned me on the twelve. They didn't like

0:13:42.760 --> 0:13:47.120
<v Speaker 3>my attitude when God told him that you asked me

0:13:47.200 --> 0:13:50.880
<v Speaker 3>what idea that day? And I told you, And they say, what,

0:13:51.320 --> 0:13:55.240
<v Speaker 3>you had a master key? And I explained to them,

0:13:55.360 --> 0:13:58.880
<v Speaker 3>I say, every key in the hotel is a master key.

0:13:59.440 --> 0:14:02.360
<v Speaker 3>I say, guests don't know they mastered the keys.

0:14:02.520 --> 0:14:05.640
<v Speaker 1>Wait, so every key was the same for every room.

0:14:05.920 --> 0:14:12.480
<v Speaker 3>Yeah, but they just didn't tell no what nuts. I

0:14:12.520 --> 0:14:15.280
<v Speaker 3>thought it was crazy when I first found out about it.

0:14:15.440 --> 0:14:17.960
<v Speaker 4>It's kind of funny to think about now thirty years later.

0:14:18.000 --> 0:14:20.480
<v Speaker 4>But they were all still metal plates for them to

0:14:20.520 --> 0:14:22.880
<v Speaker 4>cut new keys when a guest would leave with the

0:14:22.960 --> 0:14:24.080
<v Speaker 4>key or something like that.

0:14:24.120 --> 0:14:26.280
<v Speaker 5>They just didn't bother. Everything matched.

0:14:26.520 --> 0:14:29.680
<v Speaker 1>Well, I'm certainly glad it's not the nineties anymore. I mean,

0:14:29.720 --> 0:14:32.640
<v Speaker 1>I can't get over that. So they already thought that

0:14:32.760 --> 0:14:35.360
<v Speaker 1>you were their guy, so this probably looked to them

0:14:35.400 --> 0:14:38.360
<v Speaker 1>like you were trying to deflect attention from yourself. Now.

0:14:38.920 --> 0:14:41.640
<v Speaker 1>They also brought in your wife, Yvonne, on the twelfth

0:14:41.680 --> 0:14:42.200
<v Speaker 1>as well.

0:14:42.360 --> 0:14:45.760
<v Speaker 3>Yeah, on the way to the police station, they told

0:14:45.800 --> 0:14:48.400
<v Speaker 3>her say, well, by the way, you know your husband

0:14:48.760 --> 0:14:51.080
<v Speaker 3>was having an affair. She said, well, I knew he

0:14:51.160 --> 0:14:54.800
<v Speaker 3>wasn't coming home on time, she say, but all men

0:14:55.240 --> 0:14:58.520
<v Speaker 3>are dogs in a sense, and that just shut that up.

0:14:58.680 --> 0:15:02.040
<v Speaker 3>She one told me exactly what she told police, and

0:15:02.720 --> 0:15:03.160
<v Speaker 3>the end of that.

0:15:03.360 --> 0:15:07.520
<v Speaker 1>Comes, that's a pretty understanding person that you were married to.

0:15:07.720 --> 0:15:10.520
<v Speaker 3>But did weird talk about that later? We just get

0:15:10.600 --> 0:15:12.840
<v Speaker 3>through this. She stuck with me.

0:15:13.000 --> 0:15:14.720
<v Speaker 1>So they were probably telling her that to get her

0:15:14.760 --> 0:15:16.520
<v Speaker 1>to turn on you. Right, it's not you don't need

0:15:16.560 --> 0:15:20.000
<v Speaker 1>to be Columbo to figure this out. But Yvonne didn't bite.

0:15:20.280 --> 0:15:22.520
<v Speaker 1>So they seized your car and initially just found a

0:15:22.520 --> 0:15:24.960
<v Speaker 1>door chain that they later tried to say was some

0:15:25.000 --> 0:15:27.520
<v Speaker 1>sort of a weapon. Right, And we'll get to that

0:15:27.560 --> 0:15:30.280
<v Speaker 1>in a bit. But then, if I'm understanding this correctly,

0:15:30.280 --> 0:15:32.440
<v Speaker 1>A day or so later, a Blue ash police officer

0:15:32.560 --> 0:15:35.600
<v Speaker 1>named Michael Bray claimed to have found miss Nathan's pendant

0:15:35.640 --> 0:15:38.000
<v Speaker 1>in your car. Am I getting this correct?

0:15:38.400 --> 0:15:40.720
<v Speaker 4>Can I take this because this is a part that

0:15:40.880 --> 0:15:42.480
<v Speaker 4>this is something I am really like.

0:15:43.160 --> 0:15:43.800
<v Speaker 5>This bugs me.

0:15:44.120 --> 0:15:45.960
<v Speaker 2>I wanted, Dave, I want to talk about Yeah.

0:15:46.120 --> 0:15:49.680
<v Speaker 4>So, so the story with the pendant. So the police

0:15:49.720 --> 0:15:53.760
<v Speaker 4>went to pawnshops and ostensibly couldn't find this piece of

0:15:53.840 --> 0:15:57.400
<v Speaker 4>jewelry anywhere. Then they took his car. They impounded it

0:15:57.440 --> 0:16:00.080
<v Speaker 4>on the twelve. They then had it in their possess

0:16:00.280 --> 0:16:02.160
<v Speaker 4>for forty eight hours before they took it to the

0:16:02.160 --> 0:16:06.360
<v Speaker 4>coroner's office, and multiple people searched the car for hours

0:16:06.720 --> 0:16:11.560
<v Speaker 4>and didn't find anything. And then after that one officer decides, well,

0:16:11.600 --> 0:16:14.640
<v Speaker 4>I'm going to go back and search again, I guess,

0:16:15.440 --> 0:16:18.000
<v Speaker 4>or search the one spot that you would think they

0:16:18.000 --> 0:16:20.120
<v Speaker 4>would want to look for evidence, which would be the trunk,

0:16:20.520 --> 0:16:24.680
<v Speaker 4>the space where someone might store something. And if Officer

0:16:24.720 --> 0:16:26.640
<v Speaker 4>Bray is to be believed, they never looked in the

0:16:26.640 --> 0:16:30.400
<v Speaker 4>trunk before. I don't know. But when this guy is

0:16:30.440 --> 0:16:33.600
<v Speaker 4>all by himself with no one to corroborate it, he

0:16:33.720 --> 0:16:35.920
<v Speaker 4>says that he went into the trunk of the car,

0:16:36.120 --> 0:16:39.720
<v Speaker 4>opened the toolbox, and there it was, just sitting there. Now,

0:16:39.760 --> 0:16:41.400
<v Speaker 4>did he take a picture of it in the car?

0:16:41.920 --> 0:16:42.040
<v Speaker 2>No.

0:16:42.440 --> 0:16:44.640
<v Speaker 4>Did he take a picture of the trunk open with

0:16:44.680 --> 0:16:45.520
<v Speaker 4>the toolbox in it.

0:16:45.960 --> 0:16:46.080
<v Speaker 5>No.

0:16:46.600 --> 0:16:48.720
<v Speaker 4>He took a picture of the pendant in his hand

0:16:48.760 --> 0:16:51.520
<v Speaker 4>with the car in the background, and then told people,

0:16:51.760 --> 0:16:54.440
<v Speaker 4>look what I found in the car.

0:17:04.520 --> 0:17:07.119
<v Speaker 1>This podcast is brought to you by Ohio Justice and

0:17:07.160 --> 0:17:10.359
<v Speaker 1>Policy Center, a nonprofit law firm that seeks justice for

0:17:10.440 --> 0:17:14.760
<v Speaker 1>people torectly impact it by Ohio's criminal legal system. OJPC

0:17:15.000 --> 0:17:18.960
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0:17:19.359 --> 0:17:23.080
<v Speaker 1>Through its Beyond Guilt Project, OJPC works to free over

0:17:23.160 --> 0:17:28.120
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0:17:28.240 --> 0:17:32.199
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0:17:32.280 --> 0:17:36.399
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0:17:36.440 --> 0:17:39.440
<v Speaker 1>who face denial of medical care. In its twenty five

0:17:39.520 --> 0:17:43.000
<v Speaker 1>year history, OJPC has worked at the policy level and

0:17:43.040 --> 0:17:46.840
<v Speaker 1>won numerous victories in Ohio, including ending juvenile life without

0:17:46.840 --> 0:17:51.040
<v Speaker 1>parole and exempting seriously mentally ill people from the death penalty.

0:17:51.400 --> 0:17:54.439
<v Speaker 1>To learn more about Ohio Justice and Policy Center and

0:17:54.520 --> 0:17:59.960
<v Speaker 1>how you can support its mission, visit OHIOJPC dot org. That'shi,

0:18:00.080 --> 0:18:06.120
<v Speaker 1>IOJPC dot org. Ohio Justice and Policy Center. We don't

0:18:06.160 --> 0:18:07.040
<v Speaker 1>write people off.

0:18:14.680 --> 0:18:18.120
<v Speaker 4>Another officer flies up to New Jersey or New York

0:18:18.160 --> 0:18:21.359
<v Speaker 4>with the pendant to meet with Rooda Nathan's family, and

0:18:21.480 --> 0:18:24.240
<v Speaker 4>all of this is withheld from Melwood at the original trial.

0:18:24.560 --> 0:18:27.680
<v Speaker 4>But the family looks at it and goes, that's not it.

0:18:28.000 --> 0:18:30.520
<v Speaker 4>And then they tell the police officers look this pendant

0:18:30.520 --> 0:18:33.280
<v Speaker 4>though it's a really unique piece of jewelry was made

0:18:33.320 --> 0:18:37.240
<v Speaker 4>from some family rings, some heirlooms. And then they talk

0:18:37.320 --> 0:18:39.240
<v Speaker 4>to another family member who we'd just refer to as

0:18:39.320 --> 0:18:44.000
<v Speaker 4>Uncle Ira, who was Rhoda's brother in law, and he goes, no,

0:18:44.119 --> 0:18:46.960
<v Speaker 4>that's not correct. I have those family rings. This was

0:18:47.000 --> 0:18:49.680
<v Speaker 4>just bought in a jewelry store of Brooklyn. So there's

0:18:49.720 --> 0:18:52.760
<v Speaker 4>evidence that potentially this isn't even the right pendant. There's

0:18:52.760 --> 0:18:55.639
<v Speaker 4>evidence that it definitely wasn't the unique piece of jewelry

0:18:55.840 --> 0:18:58.359
<v Speaker 4>that the state says that it was. And there are

0:18:58.840 --> 0:19:02.439
<v Speaker 4>very very serious ques questions about whether this thing was

0:19:02.440 --> 0:19:05.359
<v Speaker 4>ever actually found in the car at all. None of

0:19:05.359 --> 0:19:07.160
<v Speaker 4>that was shared, none of that was provided.

0:19:07.520 --> 0:19:10.359
<v Speaker 1>So their big smoking gun turned out to be total

0:19:10.400 --> 0:19:13.240
<v Speaker 1>horseshit and they knew it. I mean, this has to

0:19:13.280 --> 0:19:16.440
<v Speaker 1>be why they didn't arrest you for over a year. Now.

0:19:16.560 --> 0:19:19.160
<v Speaker 1>There was one other item that we mentioned in your car,

0:19:19.560 --> 0:19:22.439
<v Speaker 1>the door chain. What's the story with that?

0:19:22.760 --> 0:19:25.640
<v Speaker 3>It was a door chain inside of my tub box,

0:19:26.359 --> 0:19:30.399
<v Speaker 3>and it's not no type of doorchain used in the hotel.

0:19:30.640 --> 0:19:34.280
<v Speaker 3>The hotail used a boar chain. And the first thing

0:19:34.359 --> 0:19:35.960
<v Speaker 3>I askeaid, What'd I do? Go out to my car

0:19:36.080 --> 0:19:37.960
<v Speaker 3>get a tool chain. I need something to whooped this

0:19:38.080 --> 0:19:40.960
<v Speaker 3>woman with. I say, doesn't it have some type of

0:19:41.080 --> 0:19:43.960
<v Speaker 3>blood or provensis or something on it? I said, come

0:19:44.000 --> 0:19:44.879
<v Speaker 3>on with the stop it.

0:19:45.080 --> 0:19:47.919
<v Speaker 1>So this freaking door chain wasn't even the type that

0:19:47.960 --> 0:19:51.400
<v Speaker 1>would have been available in the room if somebody even

0:19:51.440 --> 0:19:53.359
<v Speaker 1>wanted to use that as a weapon, which in itself

0:19:53.440 --> 0:19:56.480
<v Speaker 1>is ridiculous. This was just some random ass door chain

0:19:56.560 --> 0:19:59.880
<v Speaker 1>in your car. The whole theory is fucking ridiculous.

0:20:00.119 --> 0:20:01.360
<v Speaker 5>And that's not even the worst one.

0:20:01.400 --> 0:20:03.800
<v Speaker 4>One of their theories is they say that whoever it

0:20:04.000 --> 0:20:06.640
<v Speaker 4>was beat this woman to death, not just with their

0:20:06.640 --> 0:20:09.679
<v Speaker 4>hands and the chain, but then a walkie talkie and

0:20:09.720 --> 0:20:12.760
<v Speaker 4>then hit them with multiple objects. In fact, the police

0:20:12.800 --> 0:20:17.320
<v Speaker 4>officers for months were trying to send images to the

0:20:17.400 --> 0:20:20.240
<v Speaker 4>FBI to get them to confirm, like, hey, this looks

0:20:20.240 --> 0:20:23.440
<v Speaker 4>like it could be Elwood shoe, right, and they would

0:20:23.480 --> 0:20:26.760
<v Speaker 4>come back and be like, no, no, this is not consistent.

0:20:26.280 --> 0:20:27.320
<v Speaker 5>With Elwood shoe at all.

0:20:27.520 --> 0:20:29.919
<v Speaker 4>In fact, it looks like it could be X and

0:20:30.240 --> 0:20:32.760
<v Speaker 4>something that might implicate somebody else, And they'd be like,

0:20:33.080 --> 0:20:36.000
<v Speaker 4>let's try again, how about the walkie talkie, And they

0:20:36.040 --> 0:20:38.000
<v Speaker 4>finally got them to say something to the effect of

0:20:38.200 --> 0:20:42.160
<v Speaker 4>the bruising is potentially consistent with something of that shape,

0:20:42.359 --> 0:20:47.040
<v Speaker 4>so like a square or a rectangle, but that's as

0:20:47.080 --> 0:20:50.280
<v Speaker 4>close as they would get. And with that, the state

0:20:50.359 --> 0:20:55.199
<v Speaker 4>then completely distorted it into aha, a bruise and an

0:20:55.280 --> 0:20:59.639
<v Speaker 4>item that's so significantly tied together that it's essentially a fingerprint,

0:21:00.080 --> 0:21:01.399
<v Speaker 4>which is just a lie.

0:21:01.520 --> 0:21:04.720
<v Speaker 1>I mean, a walkie talkie. How many other hotel staffers

0:21:04.760 --> 0:21:05.679
<v Speaker 1>is probably haven't.

0:21:06.200 --> 0:21:11.200
<v Speaker 3>I'm glad you mentioned that we have several departments. Everybody

0:21:11.240 --> 0:21:15.399
<v Speaker 3>have at walkie talkie. But that morning the police was

0:21:15.440 --> 0:21:21.080
<v Speaker 3>given information of two people leaving this Nathan's room, one

0:21:21.200 --> 0:21:25.000
<v Speaker 3>going left, one going right with a walkee Chlkie in

0:21:25.080 --> 0:21:27.680
<v Speaker 3>his hand, and to the day, I feel that's where

0:21:27.720 --> 0:21:30.920
<v Speaker 3>they got that theory of a walkie talkie. They never

0:21:31.040 --> 0:21:33.800
<v Speaker 3>went back to try to find out who these two

0:21:33.880 --> 0:21:37.399
<v Speaker 3>people was or where that walkie talkie is.

0:21:37.440 --> 0:21:41.480
<v Speaker 1>To the day, this is just one of many more

0:21:41.560 --> 0:21:45.120
<v Speaker 1>compelling leads that were flatly ignored by Blue Ash PD

0:21:45.320 --> 0:21:48.960
<v Speaker 1>in the Hamilton County Prosecutor's office. And we'll reveal more

0:21:49.000 --> 0:21:51.359
<v Speaker 1>of those leads later when we talk about the discovery

0:21:51.359 --> 0:21:55.560
<v Speaker 1>that happened in post conviction. It's mind boggling so instead

0:21:55.600 --> 0:21:57.960
<v Speaker 1>they focused on Elwood Jones, who had access to a

0:21:58.000 --> 0:22:01.240
<v Speaker 1>walkie talkie and a master key. But as we find out,

0:22:02.000 --> 0:22:05.919
<v Speaker 1>so did everyone else. He had a criminal record, so

0:22:06.040 --> 0:22:09.760
<v Speaker 1>did almost everyone else. And this theory was supported by

0:22:09.800 --> 0:22:12.480
<v Speaker 1>the presence of a bacteria in his injured hand commonly

0:22:12.480 --> 0:22:15.480
<v Speaker 1>founded you in mouse like canela, and then the pendant

0:22:15.480 --> 0:22:18.120
<v Speaker 1>which appears to have been planted, as well as not

0:22:18.200 --> 0:22:21.640
<v Speaker 1>even being the right freaking pendent. This is what they

0:22:21.720 --> 0:22:24.840
<v Speaker 1>went to a capitol trial with. And it appears that

0:22:24.960 --> 0:22:27.880
<v Speaker 1>even they believed so little in this theory that they

0:22:27.920 --> 0:22:31.560
<v Speaker 1>waited for over a year to arrest mister Elwood Jones.

0:22:32.800 --> 0:22:35.440
<v Speaker 3>That day when I was arrested at the two Blue

0:22:35.440 --> 0:22:40.040
<v Speaker 3>ass offices, Stokes and Lily, they put me in the

0:22:40.040 --> 0:22:43.639
<v Speaker 3>car to take me the District one police station to

0:22:43.760 --> 0:22:46.840
<v Speaker 3>take me in the back, and at that time they

0:22:46.920 --> 0:22:50.119
<v Speaker 3>show me this picture and say this is what we

0:22:50.280 --> 0:22:53.320
<v Speaker 3>found in your car. And I'm looking and I told me,

0:22:53.560 --> 0:22:55.439
<v Speaker 3>I don't know where did penman come from? And you

0:22:55.480 --> 0:22:58.080
<v Speaker 3>found it in there? You put it in there. At

0:22:58.119 --> 0:23:01.560
<v Speaker 3>that time, Stokes get up and go out, said to

0:23:01.680 --> 0:23:04.359
<v Speaker 3>do and talk on the phone, and he said he

0:23:04.400 --> 0:23:07.480
<v Speaker 3>didn't bite. I don't know what he meant by at

0:23:07.760 --> 0:23:10.080
<v Speaker 3>who he was talking to on the phone, he said

0:23:10.119 --> 0:23:13.119
<v Speaker 3>he didn't bite, And next I know they was taking

0:23:13.119 --> 0:23:16.120
<v Speaker 3>me on to the Justice and that they booked me in.

0:23:17.000 --> 0:23:21.080
<v Speaker 1>He didn't bite. Wow, I mean, it seems like they

0:23:21.160 --> 0:23:24.119
<v Speaker 1>thought their lie would make you cave and confess, And

0:23:24.200 --> 0:23:27.480
<v Speaker 1>it might have worked on a man who was actually guilty,

0:23:27.800 --> 0:23:30.720
<v Speaker 1>but it still wasn't you. And even with Jimmy or

0:23:30.720 --> 0:23:33.560
<v Speaker 1>a mechanic corroborated that this pandem was not in the

0:23:33.640 --> 0:23:36.720
<v Speaker 1>damn toolbox. Along with so much Brady material that we're

0:23:36.720 --> 0:23:39.320
<v Speaker 1>going to get to in a bit. The prosecutors Mark

0:23:39.440 --> 0:23:43.080
<v Speaker 1>Pete Meyer and Seth Tieger still went ahead to trial,

0:23:43.160 --> 0:23:45.840
<v Speaker 1>seeking the death penalty, by the way, on this bullshit

0:23:45.880 --> 0:23:48.960
<v Speaker 1>evidence in November of ninety six, in front of Judge

0:23:49.080 --> 0:23:53.400
<v Speaker 1>Ralph Winkler. And the case was purely circumstantial evidence.

0:23:53.840 --> 0:23:57.280
<v Speaker 4>So they say, but that's okay, because circumstantial evidence is

0:23:57.280 --> 0:23:58.720
<v Speaker 4>even better than direct.

0:23:58.440 --> 0:24:02.680
<v Speaker 1>Evidence, which no, well it is obviously not a third

0:24:02.720 --> 0:24:06.280
<v Speaker 1>grader can tell you that. But anyway, they presented their

0:24:06.400 --> 0:24:10.280
<v Speaker 1>theory that Elwood allegedly waited for a lane shove and

0:24:10.359 --> 0:24:14.240
<v Speaker 1>Joe Coplan to leave room to thirty seven before entering

0:24:14.560 --> 0:24:18.359
<v Speaker 1>being discovered by Rhoda Nathan, punching her teeth out and

0:24:18.440 --> 0:24:21.400
<v Speaker 1>fatally beating her to death, and finally stealing five hundred

0:24:21.400 --> 0:24:25.879
<v Speaker 1>dollars as well as jewelry, including this alleged signature pendant.

0:24:26.080 --> 0:24:28.679
<v Speaker 1>So what did they present to support this theory?

0:24:28.840 --> 0:24:31.160
<v Speaker 4>They told the jerry that Ellwood was in the hotel

0:24:31.240 --> 0:24:33.520
<v Speaker 4>that day, that he was on the second floor, that

0:24:33.560 --> 0:24:36.920
<v Speaker 4>he had a master key, and that they purportedly found

0:24:37.000 --> 0:24:39.840
<v Speaker 4>this pendant in his car, and that he had an

0:24:39.840 --> 0:24:43.560
<v Speaker 4>infection in his hand. And the narrative that the state

0:24:43.600 --> 0:24:47.720
<v Speaker 4>presented was that it was an Icinella Corridon's infection, and

0:24:48.160 --> 0:24:49.840
<v Speaker 4>in fact that's not what it was.

0:24:49.880 --> 0:24:51.679
<v Speaker 5>There happened to be Kinella in.

0:24:51.520 --> 0:24:54.200
<v Speaker 1>The cut right, It was a strip a infection.

0:24:54.480 --> 0:24:57.600
<v Speaker 4>And this doctor, doctor McDonough, who was a hand surgeon

0:24:57.880 --> 0:25:03.879
<v Speaker 4>with no expertise at all in microbiology or in infectious diseases,

0:25:04.359 --> 0:25:07.760
<v Speaker 4>opined that the only way that Ellwood could have gotten

0:25:07.760 --> 0:25:10.119
<v Speaker 4>this was by punching somebody in the mouth, which is

0:25:10.800 --> 0:25:12.520
<v Speaker 4>just objectively.

0:25:11.880 --> 0:25:14.479
<v Speaker 1>False, but that's where the broken teeth come into it.

0:25:14.680 --> 0:25:17.760
<v Speaker 1>They also tried to draw connections between miss Nathan's injuries

0:25:17.760 --> 0:25:20.199
<v Speaker 1>and objects that might have been available to Elwood, but

0:25:20.320 --> 0:25:24.000
<v Speaker 1>really they were available to any hotel employee, and there

0:25:24.040 --> 0:25:26.160
<v Speaker 1>were dozens and dozens of them.

0:25:26.480 --> 0:25:31.040
<v Speaker 4>Their absolute junk forensics suggests that they were able to

0:25:31.080 --> 0:25:33.080
<v Speaker 4>match up one of the bruises with the bottom of

0:25:33.119 --> 0:25:37.760
<v Speaker 4>a walkie talkie and the scratches. The particular scratches on

0:25:37.840 --> 0:25:41.159
<v Speaker 4>the bottom of the walkie talkie can be found in

0:25:41.200 --> 0:25:45.800
<v Speaker 4>the bruises. It's completely fabricated. They took pictures of Miss

0:25:45.880 --> 0:25:50.399
<v Speaker 4>Nathan's body during the autopsy and effectively skewed the pictures

0:25:50.560 --> 0:25:54.280
<v Speaker 4>and admitted that they manipulated the pictures. They said in

0:25:54.400 --> 0:25:57.840
<v Speaker 4>order to match a scale, and they used items such

0:25:57.880 --> 0:26:01.719
<v Speaker 4>as the walkie talkie and made that the scale so

0:26:01.760 --> 0:26:04.800
<v Speaker 4>that when they were distorting the picture, they distorted it

0:26:05.000 --> 0:26:07.960
<v Speaker 4>to fit the size of the walkie talkie and what

0:26:08.000 --> 0:26:11.480
<v Speaker 4>they were actually told. After repeated attempts of submitting this

0:26:11.520 --> 0:26:14.800
<v Speaker 4>evidence to the FBI and the FBI coming back and saying, nose,

0:26:15.480 --> 0:26:19.280
<v Speaker 4>this is not consistent with this bruising pattern at all. Finally,

0:26:19.840 --> 0:26:23.440
<v Speaker 4>after manipulating the pictures, the FBI came back and said,

0:26:23.680 --> 0:26:27.520
<v Speaker 4>this is theoretically consistent with something sort of of that shape,

0:26:27.880 --> 0:26:30.919
<v Speaker 4>but they did not say, yes, we can match up

0:26:30.960 --> 0:26:34.080
<v Speaker 4>the scratches on the bottom of this wakie talkie so

0:26:34.119 --> 0:26:35.600
<v Speaker 4>that it's like a fingerprint.

0:26:35.760 --> 0:26:38.919
<v Speaker 1>They inexplicably then put four experts on the stand who

0:26:38.960 --> 0:26:42.600
<v Speaker 1>would not corroborate their nonsensical weapons theory. But the state

0:26:42.760 --> 0:26:46.480
<v Speaker 1>still had this random pendent that the jury was led

0:26:46.560 --> 0:26:49.800
<v Speaker 1>to believe was the real McCoy, as well as doctor

0:26:49.840 --> 0:26:54.639
<v Speaker 1>McDonald's erroneous testimony about Ikinella Ell. Would please tell me

0:26:54.720 --> 0:26:58.960
<v Speaker 1>that your attorneys presented something anything to combat McDonough.

0:26:59.040 --> 0:27:01.960
<v Speaker 3>I mean, did they The expert day had he couldn't

0:27:02.080 --> 0:27:07.120
<v Speaker 3>testify in person because he had some other arrangements, so

0:27:07.200 --> 0:27:08.880
<v Speaker 3>they did it by video.

0:27:09.600 --> 0:27:11.760
<v Speaker 2>The way it played out is you don't have any

0:27:11.800 --> 0:27:15.560
<v Speaker 2>way then once the state's expert testifies to call your

0:27:15.560 --> 0:27:18.040
<v Speaker 2>doctor and say, hey, this is what he just said.

0:27:18.119 --> 0:27:19.239
<v Speaker 2>What's your answer to that?

0:27:19.760 --> 0:27:22.320
<v Speaker 1>So this whole video testimony was never going to work,

0:27:22.400 --> 0:27:25.080
<v Speaker 1>let's face it. And this expert was paid for, by

0:27:25.119 --> 0:27:28.240
<v Speaker 1>the way, which makes it even a little more insane.

0:27:28.520 --> 0:27:29.840
<v Speaker 1>So did they do anything else?

0:27:30.280 --> 0:27:33.960
<v Speaker 3>Julias Sanks was the leading attorney then, and he actually

0:27:34.840 --> 0:27:39.159
<v Speaker 3>said some about my criminal record when I've still was

0:27:39.240 --> 0:27:41.640
<v Speaker 3>lost to say I didn't even take the stand. Why

0:27:41.640 --> 0:27:42.880
<v Speaker 3>would you put that in there?

0:27:43.800 --> 0:27:47.760
<v Speaker 1>Ineffective assistance of counsel doesn't even begin to cover this.

0:27:47.880 --> 0:27:51.160
<v Speaker 1>So the I Cainela evidence and dependent both total horseship

0:27:51.240 --> 0:27:54.680
<v Speaker 1>were never successfully impeached. And then your own attorney brought

0:27:54.760 --> 0:27:58.000
<v Speaker 1>up your criminal record, leaving it wide open for the prosecutors.

0:27:58.160 --> 0:28:03.040
<v Speaker 3>The prosecutor say that I was the only employed with

0:28:03.200 --> 0:28:06.760
<v Speaker 3>a criminal record, And at that time I knew it

0:28:06.840 --> 0:28:09.480
<v Speaker 3>was some criminals in there. I didn't know as many

0:28:09.520 --> 0:28:13.119
<v Speaker 3>as I found out mater when I got the documents,

0:28:13.160 --> 0:28:14.480
<v Speaker 3>thirty seven people in there.

0:28:14.800 --> 0:28:17.440
<v Speaker 1>I mean, that's not a misrepresentation that they the jury.

0:28:17.480 --> 0:28:20.120
<v Speaker 1>That's just a straight out lie, right, I mean, how

0:28:20.119 --> 0:28:22.280
<v Speaker 1>could they? How could the jury have ever gotten it

0:28:22.359 --> 0:28:25.000
<v Speaker 1>right when they're being led down this crazy.

0:28:24.600 --> 0:28:28.879
<v Speaker 3>Path doing post conviction a few affter Davids was taken

0:28:28.960 --> 0:28:31.360
<v Speaker 3>to the jury. They said they noticed that I had

0:28:31.359 --> 0:28:34.119
<v Speaker 3>a criminal record, so what make them think that I

0:28:34.160 --> 0:28:38.360
<v Speaker 3>didn't commit this crime? And they came back in there

0:28:38.880 --> 0:28:44.640
<v Speaker 3>and they said guilty and recommended death. Judge Winkler's got

0:28:44.680 --> 0:28:46.760
<v Speaker 3>ready to send this to me, asked me, did I

0:28:46.840 --> 0:28:50.240
<v Speaker 3>have anything to say? And I say I do? I say,

0:28:50.400 --> 0:28:54.840
<v Speaker 3>yesterday Johanna, I say, even you in this courtroom offered

0:28:54.840 --> 0:28:58.440
<v Speaker 3>me a man's laughter. I say, today, you want to

0:28:58.520 --> 0:29:02.360
<v Speaker 3>kill me, I said, you're telling me this is a

0:29:02.480 --> 0:29:21.920
<v Speaker 3>court My daily routine was get up in the morning

0:29:22.000 --> 0:29:25.880
<v Speaker 3>at four, take my shower where I took a bath

0:29:25.960 --> 0:29:30.000
<v Speaker 3>in myself until they changed over and put showers on

0:29:30.080 --> 0:29:30.640
<v Speaker 3>the range.

0:29:31.080 --> 0:29:33.240
<v Speaker 1>And when you say take a bath in yourself, what

0:29:33.240 --> 0:29:33.880
<v Speaker 1>do you mean by that?

0:29:34.280 --> 0:29:35.720
<v Speaker 3>I wash up in my saint.

0:29:36.080 --> 0:29:38.920
<v Speaker 1>Right, that's a bird bath, right, this bird bath.

0:29:39.120 --> 0:29:41.720
<v Speaker 3>Well that's the best you could do. I got them

0:29:41.880 --> 0:29:44.440
<v Speaker 3>washed up, and I saved my little prayer and I

0:29:44.640 --> 0:29:48.600
<v Speaker 3>prepair my day. Six o'clock I would come out. Can

0:29:48.640 --> 0:29:51.840
<v Speaker 3>you describe the cell small self? About eight by ten.

0:29:52.280 --> 0:29:55.440
<v Speaker 3>You've got a bed in there, sank a tilet you

0:29:55.480 --> 0:29:59.720
<v Speaker 3>can afford. You can have a TV typewriter in a radio,

0:30:00.160 --> 0:30:01.440
<v Speaker 3>and that's about it.

0:30:01.640 --> 0:30:04.240
<v Speaker 1>So you're pretty much living in a closet.

0:30:04.320 --> 0:30:06.440
<v Speaker 3>In the cave is a filthy cave.

0:30:07.040 --> 0:30:10.520
<v Speaker 1>And of the men that you serve time with in

0:30:10.600 --> 0:30:14.239
<v Speaker 1>there was there one who made a you know, an

0:30:14.280 --> 0:30:17.840
<v Speaker 1>impression on you that that helped you get through this

0:30:18.280 --> 0:30:19.640
<v Speaker 1>incredible ordeal.

0:30:20.360 --> 0:30:24.520
<v Speaker 3>Well, yes, he's off death row now too. De Ambrosil

0:30:24.920 --> 0:30:26.160
<v Speaker 3>was best good friends.

0:30:26.960 --> 0:30:29.600
<v Speaker 1>We spoke with Joe on the show. Josie Ambrosio. What

0:30:29.640 --> 0:30:33.240
<v Speaker 1>an incredibly inspiring guy and what a horrible, horrible story.

0:30:33.280 --> 0:30:36.200
<v Speaker 1>But he's come through it and he seems to be

0:30:36.600 --> 0:30:39.080
<v Speaker 1>doing as well as he possibly could be doing under

0:30:39.080 --> 0:30:42.320
<v Speaker 1>the circumstances. So, Joe, if you're listening, we're thinking about

0:30:42.320 --> 0:30:44.760
<v Speaker 1>you and talking about you too. So how did you

0:30:44.840 --> 0:30:47.320
<v Speaker 1>find the strength, because I'm sure there are other guys

0:30:47.360 --> 0:30:50.040
<v Speaker 1>who just go crazy in that situation and lose their

0:30:50.080 --> 0:30:52.800
<v Speaker 1>mind and end up killing themselves or doing you know.

0:30:52.960 --> 0:30:57.560
<v Speaker 3>I've seen several guys on death ro commit suicide right

0:30:57.560 --> 0:31:00.560
<v Speaker 3>there in the same part with the three guys I

0:31:00.640 --> 0:31:04.360
<v Speaker 3>kept theirself and others. But I think what the main

0:31:04.440 --> 0:31:08.240
<v Speaker 3>thing W gave me scrapt I knew in my heart

0:31:08.440 --> 0:31:11.920
<v Speaker 3>I did nothing wrong. I lost the sister, I lost

0:31:11.960 --> 0:31:16.680
<v Speaker 3>my wife, I lost several friends, my mother passed, and

0:31:16.720 --> 0:31:19.960
<v Speaker 3>my father and all their uncles. And only thing that

0:31:20.160 --> 0:31:23.120
<v Speaker 3>gives me hope and has gave me is to clear

0:31:23.240 --> 0:31:26.160
<v Speaker 3>my name. And I could look up and tell my

0:31:26.240 --> 0:31:30.479
<v Speaker 3>mother she can rest in peace. I understand Miss Nathan

0:31:30.640 --> 0:31:34.280
<v Speaker 3>is dead and I'm sorry. I feel sorry for her family,

0:31:34.760 --> 0:31:38.920
<v Speaker 3>but I'm also a victim in this case, and I

0:31:39.120 --> 0:31:42.840
<v Speaker 3>was determined that I spent day in and day out

0:31:43.480 --> 0:31:48.160
<v Speaker 3>trying to prove my anderson. I wrote letters every day.

0:31:48.600 --> 0:31:51.600
<v Speaker 3>I had one thing on my plate is to get

0:31:51.760 --> 0:31:52.840
<v Speaker 3>my life back.

0:31:53.200 --> 0:31:54.160
<v Speaker 1>And now here you are.

0:31:54.400 --> 0:31:57.320
<v Speaker 3>Yeah, and I'm still having got it fully back. That's

0:31:57.400 --> 0:31:59.800
<v Speaker 3>all I want is my life back, and give me

0:32:00.040 --> 0:32:04.080
<v Speaker 3>what little I had, and I'm happy and prosecuting them

0:32:04.080 --> 0:32:05.280
<v Speaker 3>don't want to do the right thing.

0:32:05.720 --> 0:32:08.240
<v Speaker 1>So tell us a bit about how you got here

0:32:08.280 --> 0:32:11.960
<v Speaker 1>and what's still left. Starting with your direct appeal they raised.

0:32:11.720 --> 0:32:14.240
<v Speaker 3>I think it was about I want to say about

0:32:14.280 --> 0:32:17.920
<v Speaker 3>thirty two heirs. Some was in effected system new council.

0:32:18.240 --> 0:32:22.080
<v Speaker 3>We were denied that all through state court. It wasn't

0:32:22.120 --> 0:32:27.120
<v Speaker 3>withholding evidence until we got in the federal courts Brady validation.

0:32:27.080 --> 0:32:29.160
<v Speaker 1>And I think that was about two thousand and five

0:32:29.200 --> 0:32:31.960
<v Speaker 1>when your case was moved to the federal Public Defenders.

0:32:32.160 --> 0:32:35.200
<v Speaker 3>They fell for a discovery in the federal courts and

0:32:35.480 --> 0:32:39.320
<v Speaker 3>granted me saying that the prosecutor's police department and any

0:32:39.360 --> 0:32:42.840
<v Speaker 3>agency who involved in this case had to turn over

0:32:42.880 --> 0:32:46.120
<v Speaker 3>their records. As I was going through it, I begin

0:32:46.320 --> 0:32:49.440
<v Speaker 3>to see things that I've never seen herd.

0:32:49.520 --> 0:32:52.000
<v Speaker 2>In the original discovery. I don't remember the exact number

0:32:52.000 --> 0:32:54.640
<v Speaker 2>of pages, like two hundred and eighty six pages, something

0:32:54.680 --> 0:32:58.720
<v Speaker 2>like that. I think there's over forty two hundred pages

0:32:58.880 --> 0:33:03.360
<v Speaker 2>that they got in federal habeas and discovery. The questionnaires

0:33:03.360 --> 0:33:05.440
<v Speaker 2>that were sent to all the hotel guests, and I

0:33:05.480 --> 0:33:08.720
<v Speaker 2>think there were sixteen or seventeen of them that had

0:33:09.160 --> 0:33:11.120
<v Speaker 2>i'll say good investigative leads.

0:33:11.160 --> 0:33:14.120
<v Speaker 3>The first thing I came across was the statement of

0:33:14.240 --> 0:33:20.000
<v Speaker 3>two hotel employees, Dmitz Williams and Norman Ryan told the

0:33:20.080 --> 0:33:23.960
<v Speaker 3>police they wouldness two guys coming out of that room,

0:33:24.360 --> 0:33:26.800
<v Speaker 3>a black guy and the white guy, one going left,

0:33:26.960 --> 0:33:29.640
<v Speaker 3>one going right. The black guy when he came out,

0:33:29.680 --> 0:33:32.200
<v Speaker 3>he had a radio in his head. He was going left.

0:33:32.520 --> 0:33:35.160
<v Speaker 3>They gave him a full description of what they had

0:33:35.320 --> 0:33:39.520
<v Speaker 3>on both of them, and they toldly ignored. And there's

0:33:39.640 --> 0:33:42.840
<v Speaker 3>nothing else in the files where the police did any

0:33:42.920 --> 0:33:45.240
<v Speaker 3>follow up. Even the prosecuted.

0:33:45.640 --> 0:33:48.920
<v Speaker 4>There were a ton of tidbits will say that they learned,

0:33:48.920 --> 0:33:52.320
<v Speaker 4>whether it was from interviewing staff about keys or things

0:33:52.400 --> 0:33:55.400
<v Speaker 4>like that, that they just never ever followed up on. Obviously,

0:33:55.440 --> 0:33:59.400
<v Speaker 4>the Anthony Lackey information Anthony Lackett was off on the

0:33:59.600 --> 0:34:03.040
<v Speaker 4>day that this happened, but a shuttle driver who drove

0:34:03.040 --> 0:34:06.480
<v Speaker 4>employees to and from an employee parking lot remember taking

0:34:06.560 --> 0:34:09.080
<v Speaker 4>him back to his car that morning, and when he

0:34:09.120 --> 0:34:11.960
<v Speaker 4>was interviewed by police, he denied being there. It was

0:34:12.000 --> 0:34:15.759
<v Speaker 4>also reported that later that day he and his girlfriend

0:34:16.320 --> 0:34:19.000
<v Speaker 4>went out shopping and he was suddenly flushed with cash,

0:34:19.040 --> 0:34:23.080
<v Speaker 4>which is significant because reportedly stolen from the hotel rooms

0:34:23.120 --> 0:34:25.240
<v Speaker 4>five hundred dollars in cash that was never recovered.

0:34:25.280 --> 0:34:28.240
<v Speaker 2>Oh and mister Lackey also had an extensive criminal record,

0:34:28.400 --> 0:34:31.560
<v Speaker 2>a violent records from assault of behavior in there.

0:34:31.800 --> 0:34:34.359
<v Speaker 1>Yeah, and this is what I meant earlier about more

0:34:34.400 --> 0:34:38.200
<v Speaker 1>compelling leads. This discovery also revealed that the Blue Ash

0:34:38.239 --> 0:34:40.680
<v Speaker 1>Police Department had gone to New York and New Jersey

0:34:40.960 --> 0:34:44.080
<v Speaker 1>and spoken with the family about the pendant, which unraveled

0:34:44.080 --> 0:34:46.920
<v Speaker 1>that lie as well. There was so much Brady material

0:34:46.920 --> 0:34:49.160
<v Speaker 1>with health here that it's hard to even keep track,

0:34:49.960 --> 0:34:52.000
<v Speaker 1>But there are two more that are huge.

0:34:52.320 --> 0:34:55.279
<v Speaker 2>The fact that wrote A. Nathan had hepatitis was not

0:34:55.360 --> 0:34:56.640
<v Speaker 2>disclosed pre trial.

0:34:56.840 --> 0:35:00.279
<v Speaker 4>Elwood knew that they had taken blood for test, but

0:35:00.320 --> 0:35:02.800
<v Speaker 4>they didn't tell him what they were testing it for.

0:35:03.360 --> 0:35:06.839
<v Speaker 4>And they didn't ever report back that he had a

0:35:06.880 --> 0:35:11.280
<v Speaker 4>negative hepatitis B result, where Rodeon Nathan had a positive result.

0:35:11.560 --> 0:35:15.040
<v Speaker 4>And that's really important because, I mean, the reason EMTs

0:35:15.400 --> 0:35:18.279
<v Speaker 4>wear rubber gloves is because the risk of infection from

0:35:18.520 --> 0:35:21.600
<v Speaker 4>hepatitis B because it is so infectious.

0:35:21.760 --> 0:35:23.719
<v Speaker 1>So while he could have given himself like canella from

0:35:23.760 --> 0:35:26.720
<v Speaker 1>licking his own injured hand, It's almost certain that Elwood

0:35:26.719 --> 0:35:29.239
<v Speaker 1>would have tested positive for hepatitis B had he been

0:35:29.280 --> 0:35:32.719
<v Speaker 1>the assailant. So the Blue Ash Police Department, Mark Pete Meyer,

0:35:32.840 --> 0:35:37.520
<v Speaker 1>Seth Tiger, they all had scientific evidence clearing Elwood all

0:35:37.560 --> 0:35:40.359
<v Speaker 1>the way back on September fifteenth, nineteen ninety four, when

0:35:40.400 --> 0:35:43.800
<v Speaker 1>it really counted. And here we are, almost thirty years later,

0:35:43.960 --> 0:35:48.200
<v Speaker 1>still trying to unravel this injustice. Oh wait, there's more.

0:35:48.719 --> 0:35:51.680
<v Speaker 1>I know you're probably going no.

0:35:50.880 --> 0:35:51.359
<v Speaker 4>No more.

0:35:51.440 --> 0:35:53.879
<v Speaker 1>I can't take it. I can't take it. But hang

0:35:53.960 --> 0:35:57.080
<v Speaker 1>in there. They had another lead before a trial from

0:35:57.120 --> 0:36:00.680
<v Speaker 1>a woman named Dolores Suggs, which didn't come to light,

0:36:00.800 --> 0:36:03.960
<v Speaker 1>probably because they kept it in the dark until decades later.

0:36:04.400 --> 0:36:07.920
<v Speaker 3>Yes, that was in two thousand and sixteen. I had

0:36:07.960 --> 0:36:12.880
<v Speaker 3>an email from Deloris Sugg's daughter Terror and she told

0:36:12.880 --> 0:36:15.480
<v Speaker 3>me that her mother told her about. She was in

0:36:15.600 --> 0:36:19.400
<v Speaker 3>jail and a woman named Linda Reed told her that

0:36:19.520 --> 0:36:23.279
<v Speaker 3>her husband had killed this woman and framed a black man.

0:36:23.440 --> 0:36:26.880
<v Speaker 4>Delores Sugs is somebody who spent a very short period

0:36:26.920 --> 0:36:30.840
<v Speaker 4>of time in the Hamilton County Justice Center in nineteen

0:36:30.920 --> 0:36:34.080
<v Speaker 4>ninety five, and she was in there with Linda Reid,

0:36:34.520 --> 0:36:40.320
<v Speaker 4>who confided to Dolores Suggs that Linda's husband, Earl, a white,

0:36:40.600 --> 0:36:44.840
<v Speaker 4>red haired man from Blue Ash, had confessed to killing

0:36:44.880 --> 0:36:47.600
<v Speaker 4>somebody in the Embassy Suites in Blue Ash and framing

0:36:47.600 --> 0:36:51.759
<v Speaker 4>a black man. And she asked Dolores to do something

0:36:51.760 --> 0:36:54.439
<v Speaker 4>about it when she got out, and Dolores was told

0:36:54.480 --> 0:36:56.640
<v Speaker 4>by the Blue Ash police this is a close case,

0:36:57.040 --> 0:37:00.880
<v Speaker 4>and even though she was reporting on a pair confession,

0:37:01.320 --> 0:37:02.480
<v Speaker 4>they just did nothing with it.

0:37:02.760 --> 0:37:04.799
<v Speaker 1>Now, correct me if I'm wrong, But I read that

0:37:04.880 --> 0:37:08.000
<v Speaker 1>Earle Read was quite cozy with the Blue Ash Police department.

0:37:08.480 --> 0:37:11.239
<v Speaker 4>He reportedly would get up in the morning and have

0:37:11.280 --> 0:37:14.399
<v Speaker 4>coffee with the Blue Ash Police department. And there were

0:37:14.480 --> 0:37:17.800
<v Speaker 4>a number of instances where I believe it's well documented

0:37:17.840 --> 0:37:21.440
<v Speaker 4>he abused Linda Read. And there is a narrative that's

0:37:21.480 --> 0:37:25.439
<v Speaker 4>part of the record here where severely beat her even

0:37:25.480 --> 0:37:29.359
<v Speaker 4>after they were divorced or separated, to the point that

0:37:29.400 --> 0:37:32.040
<v Speaker 4>she was in a medical facility and he was not

0:37:32.080 --> 0:37:34.399
<v Speaker 4>allowed to come and visit her anymore. Now, I want

0:37:34.480 --> 0:37:38.880
<v Speaker 4>to be very clear, we don't know whether Earle did it,

0:37:39.520 --> 0:37:41.480
<v Speaker 4>and I think that there are, as I said, a

0:37:41.640 --> 0:37:45.760
<v Speaker 4>number of other people in the records that are equally

0:37:45.880 --> 0:37:49.319
<v Speaker 4>or potentially more plausible than Earle. But there are other

0:37:49.400 --> 0:37:51.640
<v Speaker 4>facts that do kind of make the suggestion that Earle

0:37:51.760 --> 0:37:54.560
<v Speaker 4>was there. For example, Robin Budd was a witness who

0:37:54.719 --> 0:37:57.160
<v Speaker 4>said that the morning of the murder, at basically the

0:37:57.200 --> 0:38:00.319
<v Speaker 4>exact same time that the murder apparently took place, she

0:38:00.440 --> 0:38:03.560
<v Speaker 4>saw a man who sort of meets the Earl's description

0:38:04.400 --> 0:38:07.319
<v Speaker 4>bolt from the hotel, run across the parking lot and

0:38:07.520 --> 0:38:10.759
<v Speaker 4>into the woods in the same direction to where Earl

0:38:10.800 --> 0:38:14.480
<v Speaker 4>Reed's house was like half a mile away. But the

0:38:14.520 --> 0:38:19.080
<v Speaker 4>real significance of Earl Reid and the Dolores Suggs tip

0:38:19.719 --> 0:38:23.520
<v Speaker 4>isn't so much that, aha, we've now found the killer.

0:38:24.080 --> 0:38:27.600
<v Speaker 4>It's the blue Ash police apartment in the Hamilton County

0:38:27.640 --> 0:38:33.040
<v Speaker 4>Prosecutor's Office was so polluted by cognitive bias and confirmation

0:38:33.160 --> 0:38:37.120
<v Speaker 4>bias and tunnel vision that They didn't even bother to

0:38:37.160 --> 0:38:40.319
<v Speaker 4>look into this. Before Elwood had been convicted, they had

0:38:40.400 --> 0:38:43.760
<v Speaker 4>him in custody and they just went someone confessed to this, whatever,

0:38:44.440 --> 0:38:47.680
<v Speaker 4>we've got our man, and that's true. Throughout there are

0:38:47.800 --> 0:38:50.960
<v Speaker 4>hundreds of pages of records where people are identifying other

0:38:51.000 --> 0:38:55.080
<v Speaker 4>potential suspects. Many of those records are from independent sources

0:38:55.360 --> 0:38:58.000
<v Speaker 4>that fit together with each other and really kind of

0:38:58.080 --> 0:39:00.480
<v Speaker 4>tell a narrative that it's like, gosh, I think that

0:39:00.760 --> 0:39:02.640
<v Speaker 4>is a person that really could have been and it's

0:39:02.640 --> 0:39:06.120
<v Speaker 4>definitely not Elwood, and they conceded they never looked at it.

0:39:06.320 --> 0:39:08.239
<v Speaker 4>The Bluish Police par never looked into any of it.

0:39:10.160 --> 0:39:13.319
<v Speaker 1>All of this information, the bevy of alternative and more

0:39:13.480 --> 0:39:17.359
<v Speaker 1>likely suspects, including Earl Reid, Anthony Lackey, these two mystery men,

0:39:17.400 --> 0:39:20.640
<v Speaker 1>as well as Dependent not being dependent, never mind it

0:39:20.760 --> 0:39:23.360
<v Speaker 1>likely being a totally fabricated piece of evidence in the

0:39:23.360 --> 0:39:27.480
<v Speaker 1>first place, and the irreconcilable hepatitis B test results. This

0:39:27.640 --> 0:39:30.200
<v Speaker 1>was all information that they had at the time of trial.

0:39:30.239 --> 0:39:33.160
<v Speaker 1>It was not shared with the defense. However, from a

0:39:33.200 --> 0:39:36.319
<v Speaker 1>post conviction litigation standpoint, the problem with these discoveries is

0:39:36.360 --> 0:39:39.279
<v Speaker 1>that they happened over time and were never litigated as

0:39:39.280 --> 0:39:42.080
<v Speaker 1>a whole, so the twenty nineteen motion for a new

0:39:42.080 --> 0:39:45.000
<v Speaker 1>trial was based solely on the alleged Earl Reid confession.

0:39:45.320 --> 0:39:49.400
<v Speaker 1>But eventually Judge Winkler's successor, Judge Etna Cooper, granted a hearing.

0:39:49.800 --> 0:39:53.640
<v Speaker 1>Jay was already involved, and then came Dave Hein from Vori's,

0:39:53.760 --> 0:39:56.800
<v Speaker 1>one of the most widely respected law firms in the country.

0:39:57.480 --> 0:39:59.360
<v Speaker 4>So Jay was that at that point, working with the

0:39:59.400 --> 0:40:02.520
<v Speaker 4>Federal Public Defenders, they filed the motion for a new trial.

0:40:02.600 --> 0:40:04.360
<v Speaker 4>Judge Cooper said, yep, we're going to give you a

0:40:04.440 --> 0:40:05.320
<v Speaker 4>hearing on it.

0:40:05.200 --> 0:40:08.719
<v Speaker 1>And finally all this Brady material would be heard altogether. Now,

0:40:08.760 --> 0:40:11.560
<v Speaker 1>an election in twenty twenty brought in Judge Wendy Cross,

0:40:11.640 --> 0:40:15.240
<v Speaker 1>and oddly enough, almost thirty years later, Elwood was facing

0:40:15.280 --> 0:40:18.520
<v Speaker 1>Seth Tiger again. What stuck out the most about this.

0:40:18.480 --> 0:40:21.799
<v Speaker 2>Hearing standing up in a courtroom and calling a prosecutor

0:40:21.880 --> 0:40:25.920
<v Speaker 2>by name Mark Pete Meyer a liar, outright line to

0:40:25.960 --> 0:40:28.719
<v Speaker 2>put somebody on death row. That doesn't happen every day,

0:40:28.800 --> 0:40:32.319
<v Speaker 2>no way. It really got under Seth Tiger's skin. It

0:40:32.360 --> 0:40:35.879
<v Speaker 2>really bothered him, and I'm kind of glad it did.

0:40:35.920 --> 0:40:37.440
<v Speaker 2>But it was for the wrong reason. He didn't have

0:40:37.480 --> 0:40:40.439
<v Speaker 2>the ability to defend his his friend. And I think

0:40:40.719 --> 0:40:44.040
<v Speaker 2>to me, what was overall remarkable about it the lack

0:40:44.200 --> 0:40:48.600
<v Speaker 2>of any meaningful response from the prosecutor from a litigation standpoint.

0:40:49.000 --> 0:40:52.720
<v Speaker 2>We put on doctor Burdett to talk about the hepatitis.

0:40:52.800 --> 0:40:55.920
<v Speaker 2>We were specifically told by the judge before the hearing started,

0:40:56.280 --> 0:41:00.359
<v Speaker 2>we are not going to relitigate ikinella. Fine. The first

0:41:00.440 --> 0:41:03.640
<v Speaker 2>question out of the prosecutor's mouth cross examining doctor Burdett

0:41:04.200 --> 0:41:08.200
<v Speaker 2>was about ikinella. We were doing literally almost doing somersaults

0:41:08.239 --> 0:41:10.880
<v Speaker 2>at the table when he opened the door, because David

0:41:10.880 --> 0:41:14.160
<v Speaker 2>prepared the witness and drove a truck through that door

0:41:14.200 --> 0:41:17.719
<v Speaker 2>after that, and they put on no meaningful rebuttal to

0:41:17.760 --> 0:41:20.160
<v Speaker 2>anything that we put on. They didn't have anybody come

0:41:20.200 --> 0:41:22.560
<v Speaker 2>in and say, hey, the blue ash investigation was fine.

0:41:22.880 --> 0:41:24.680
<v Speaker 2>They didn't have anybody come in and say, oh, doctor

0:41:24.680 --> 0:41:28.200
<v Speaker 2>Burdet's wrong. Hepatitis bees not that infectious. They did nothing,

0:41:28.320 --> 0:41:30.400
<v Speaker 2>And I think it's because of the mindset in Hamilton

0:41:30.480 --> 0:41:32.799
<v Speaker 2>County has been for so long. We don't need to

0:41:32.880 --> 0:41:34.960
<v Speaker 2>the judge's going to give it to us. Judge Winkler

0:41:35.040 --> 0:41:38.719
<v Speaker 2>was a former prosecutor. Judge Winkler's sons were both prosecutors.

0:41:38.760 --> 0:41:42.440
<v Speaker 2>Now they're judges. Prosecutors in robes is the daily norm

0:41:42.480 --> 0:41:44.520
<v Speaker 2>down here for us. They didn't put on anything to

0:41:44.719 --> 0:41:47.080
<v Speaker 2>justify why he should not get a new trial.

0:41:47.239 --> 0:41:50.319
<v Speaker 1>And so on December twentieth, twenty twenty two, Elwood who

0:41:50.360 --> 0:41:54.080
<v Speaker 1>were finally granted a new trial, and amazingly he got

0:41:54.080 --> 0:41:59.040
<v Speaker 1>a bond set and were released on January fourteenth of

0:41:59.080 --> 0:41:59.960
<v Speaker 1>twenty twenty three.

0:42:00.280 --> 0:42:03.880
<v Speaker 3>I had been turned down so many times in the

0:42:03.960 --> 0:42:08.160
<v Speaker 3>court that I was totally lost for words that day.

0:42:08.680 --> 0:42:13.400
<v Speaker 3>It's the thing about death penalty cases. People just don't

0:42:13.440 --> 0:42:16.000
<v Speaker 3>want to touch them or do the right thing. I

0:42:16.160 --> 0:42:20.200
<v Speaker 3>was totally shocked, but I was so thankful I got out.

0:42:20.360 --> 0:42:22.440
<v Speaker 3>I did the two things I said I was going

0:42:22.520 --> 0:42:24.880
<v Speaker 3>to do. I was going to kiss the ground, and

0:42:25.000 --> 0:42:27.520
<v Speaker 3>I went to the cemetery to see my mother and

0:42:27.560 --> 0:42:33.000
<v Speaker 3>tell us that you rest of peace. So and from

0:42:33.040 --> 0:42:35.520
<v Speaker 3>that day, I'm still frightened.

0:42:35.920 --> 0:42:37.960
<v Speaker 4>The state is kind of doing everything that they can

0:42:38.040 --> 0:42:41.240
<v Speaker 4>at this point too. It seems like to ignore reality.

0:42:41.320 --> 0:42:45.520
<v Speaker 4>They've filed a petition for rid of prohibition, multiple appeals

0:42:45.640 --> 0:42:48.160
<v Speaker 4>they've all been denied. It seems like they're doing everything

0:42:48.200 --> 0:42:51.879
<v Speaker 4>they can to avoid having any kind of honest evaluation

0:42:52.719 --> 0:42:56.200
<v Speaker 4>of the actual evidence, and they still want to litigate

0:42:56.239 --> 0:42:59.120
<v Speaker 4>this and hold on to the conviction that they obtained

0:42:59.600 --> 0:43:03.200
<v Speaker 4>in the nineties with only a tiny sliver of the evidence.

0:43:03.480 --> 0:43:05.439
<v Speaker 1>And I understand that if this does go to TRILI,

0:43:05.480 --> 0:43:08.200
<v Speaker 1>you'll be facing Mark Pete Myer and Seth Tiger again,

0:43:08.520 --> 0:43:12.560
<v Speaker 1>potentially in February twenty twenty four. So despite the obvious

0:43:12.640 --> 0:43:14.840
<v Speaker 1>and sane choice in front of them, this is not

0:43:15.000 --> 0:43:18.440
<v Speaker 1>one hundred percent over. Is there anything our audience can

0:43:18.520 --> 0:43:19.520
<v Speaker 1>do to help.

0:43:19.680 --> 0:43:22.680
<v Speaker 2>Mark Pete Prior refers to people who support Elwood as his.

0:43:22.680 --> 0:43:24.680
<v Speaker 1>Groupies, Well, sign me up for that.

0:43:24.960 --> 0:43:28.560
<v Speaker 2>Yeah, I'll wear that badge. I think awareness let Hamley

0:43:28.560 --> 0:43:33.040
<v Speaker 2>County Prosecutor's office know that it's being watched, and Melissa

0:43:33.080 --> 0:43:35.839
<v Speaker 2>Powers is now the Hamley County Prosecutor. Maybe they can

0:43:35.920 --> 0:43:38.960
<v Speaker 2>reach out to her by email, letter, call and leave

0:43:39.000 --> 0:43:41.279
<v Speaker 2>a message and follow up and ask her what she's

0:43:41.320 --> 0:43:43.520
<v Speaker 2>going to do to write this wrong. Maybe if she

0:43:43.680 --> 0:43:46.239
<v Speaker 2>knows people are watching and people have an interest, that

0:43:46.320 --> 0:43:48.120
<v Speaker 2>she can do the right thing and dismiss it.

0:43:48.200 --> 0:43:50.120
<v Speaker 1>So we'll have action steps of the bio. And now

0:43:50.120 --> 0:43:52.000
<v Speaker 1>that brings us to my favorite part of the show,

0:43:52.280 --> 0:43:55.359
<v Speaker 1>closing arguments. It works like this, I'm going to thank

0:43:55.520 --> 0:43:59.520
<v Speaker 1>each of you again for sharing this incredible, incredible story,

0:43:59.760 --> 0:44:02.000
<v Speaker 1>and then I'm going to kick back in my chair,

0:44:02.120 --> 0:44:04.480
<v Speaker 1>turn my microphone off, leave my headphones on, and just

0:44:04.680 --> 0:44:08.000
<v Speaker 1>listen to anything else you have to say. So, Dave,

0:44:08.440 --> 0:44:11.799
<v Speaker 1>why don't you go first? Then Jay and then ell

0:44:11.880 --> 0:44:14.040
<v Speaker 1>would take us off into the sunset.

0:44:14.320 --> 0:44:17.920
<v Speaker 4>It's important that people understand that although Ellwood has very

0:44:17.960 --> 0:44:20.799
<v Speaker 4>graciously given Jay and I a lot of credit for this,

0:44:21.280 --> 0:44:22.200
<v Speaker 4>there are a lot of.

0:44:22.160 --> 0:44:24.600
<v Speaker 5>People who have been involved over the years.

0:44:24.760 --> 0:44:27.040
<v Speaker 4>There's an entire unit of people at the Federal Public

0:44:27.040 --> 0:44:31.960
<v Speaker 4>Defender's Office, the Capitol Habeas unit from Aaron Barnhart, Bridget Kennedy,

0:44:32.000 --> 0:44:35.600
<v Speaker 4>tc Chansky. I have two colleagues at VORICE, Emily Saint

0:44:35.600 --> 0:44:39.000
<v Speaker 4>Cyr and Zach Hollinger. You've got Dolores Suggs and Tierra Suggs,

0:44:39.120 --> 0:44:42.000
<v Speaker 4>two experts, Doctor Burdett and Beth Moore. And you've got

0:44:42.080 --> 0:44:46.040
<v Speaker 4>Judge Cross, who, frankly, I think a different judge in

0:44:46.080 --> 0:44:49.840
<v Speaker 4>this situation would have caved to the political pressure. You

0:44:49.960 --> 0:44:53.520
<v Speaker 4>had the prosecutor going on local radio stations before a

0:44:53.600 --> 0:44:57.560
<v Speaker 4>decision had been made, calling her a crazy liberal judge, etc.

0:44:57.800 --> 0:44:57.960
<v Speaker 5>Etc.

0:44:58.239 --> 0:45:00.520
<v Speaker 4>And trying to make this a political issue. And I

0:45:00.560 --> 0:45:03.880
<v Speaker 4>think she sat there and just looked at the evidence

0:45:04.239 --> 0:45:07.680
<v Speaker 4>and said, politics be damned. I need to make the

0:45:07.760 --> 0:45:13.160
<v Speaker 4>decision that is just. And finally, to the prosecutors, I'm

0:45:13.200 --> 0:45:16.839
<v Speaker 4>a little bit more cautiously optimistic that the new prosecutor

0:45:17.120 --> 0:45:18.080
<v Speaker 4>will take a look at this.

0:45:18.280 --> 0:45:19.319
<v Speaker 5>Please take a look at this.

0:45:20.360 --> 0:45:23.880
<v Speaker 4>Let's have a conversation, let's talk about the evidence, because

0:45:24.120 --> 0:45:26.520
<v Speaker 4>there's absolutely no reason to be having a second trial.

0:45:26.760 --> 0:45:28.919
<v Speaker 2>I won't repeat a lot of what Dave said because

0:45:28.960 --> 0:45:31.120
<v Speaker 2>I agree with it, but I think the takeaway from this,

0:45:31.440 --> 0:45:33.080
<v Speaker 2>I think you're going to find this as a common

0:45:33.160 --> 0:45:36.080
<v Speaker 2>thread through the work that you do. You can guarantee

0:45:36.520 --> 0:45:39.759
<v Speaker 2>that you will never commit a crime. You can in

0:45:39.840 --> 0:45:42.520
<v Speaker 2>no way guarantee you won't be accused of committing a crime.

0:45:42.840 --> 0:45:46.000
<v Speaker 2>And when you're accused and it's your day in the box,

0:45:46.480 --> 0:45:48.280
<v Speaker 2>you want the system to work the way the system

0:45:48.360 --> 0:45:50.640
<v Speaker 2>is supposed to work. You want people to follow the rules.

0:45:50.640 --> 0:45:53.840
<v Speaker 2>You want police to do the investigation and prosecutors to

0:45:53.880 --> 0:45:57.000
<v Speaker 2>do their job and disclose all the evidence. And right

0:45:57.040 --> 0:46:01.080
<v Speaker 2>now in Hamilton County, honestly, in general terms, that doesn't happen.

0:46:01.320 --> 0:46:03.239
<v Speaker 2>And so a lot of people can look at this

0:46:03.360 --> 0:46:06.040
<v Speaker 2>particular case or any of the other cases that I

0:46:06.080 --> 0:46:08.560
<v Speaker 2>know you've you've profiled, and go, well, that would never

0:46:08.640 --> 0:46:11.480
<v Speaker 2>happen to me. Don't count on it because you cannot

0:46:11.560 --> 0:46:15.120
<v Speaker 2>guarantee you won't be accused someday. Urge people to get involved,

0:46:15.200 --> 0:46:16.920
<v Speaker 2>don't stay silent, and speak up.

0:46:17.960 --> 0:46:22.279
<v Speaker 3>I'm very thankful for everyone who took their time, including you,

0:46:22.480 --> 0:46:27.000
<v Speaker 3>to help add this and I'm hoping that I could

0:46:27.000 --> 0:46:29.480
<v Speaker 3>have my little life back. And I would like to

0:46:29.480 --> 0:46:34.320
<v Speaker 3>see the prosecutors be held accountable and two the whole

0:46:34.520 --> 0:46:38.000
<v Speaker 3>prosecutors accountable for what they do to take in the

0:46:38.120 --> 0:46:43.439
<v Speaker 3>man's life a woman's life. They gonna continue that need

0:46:43.560 --> 0:46:53.359
<v Speaker 3>to change if you're going to bring change this system.

0:46:53.360 --> 0:46:56.160
<v Speaker 1>Thank you for listening to Wrongful Conviction. I want to

0:46:56.160 --> 0:46:59.960
<v Speaker 1>thank our production team Connor hall Any, Chelsea, Maia Robinson,

0:47:00.360 --> 0:47:03.920
<v Speaker 1>Jeff Clyburn and Kevin Warns. The music in this production

0:47:04.040 --> 0:47:07.440
<v Speaker 1>was supplied by three time OSCAR nominated composer Jay Ralph.

0:47:07.880 --> 0:47:10.840
<v Speaker 1>Be sure to follow us on Instagram at Wrongful Conviction,

0:47:11.160 --> 0:47:15.000
<v Speaker 1>on Facebook at Wrongful Conviction Podcast, and on Twitter at

0:47:15.080 --> 0:47:18.080
<v Speaker 1>wrong Conviction as well as at Lava for Good. On

0:47:18.239 --> 0:47:21.640
<v Speaker 1>all three platforms, you can also follow me on Instagram

0:47:21.719 --> 0:47:25.080
<v Speaker 1>at it's Jason Vlahm. Wrongful Conviction is a production of

0:47:25.239 --> 0:47:28.759
<v Speaker 1>Lava for Good podcasts and association with Signal Company Number

0:47:28.760 --> 0:47:30.400
<v Speaker 1>one