1 00:00:04,080 --> 00:00:06,240 Speaker 1: I think we have the best legal system. It's just 2 00:00:06,280 --> 00:00:09,600 Speaker 1: the people that implement they get lost along the way 3 00:00:09,600 --> 00:00:11,479 Speaker 1: and forget what their job really is. 4 00:00:13,119 --> 00:00:15,800 Speaker 2: He just kept on trying to remind me that who 5 00:00:15,880 --> 00:00:19,040 Speaker 2: was in authority, who was in control, and how easy 6 00:00:19,079 --> 00:00:23,360 Speaker 2: it was for my body to be found in any 7 00:00:23,440 --> 00:00:24,760 Speaker 2: alley of New York City. 8 00:00:25,800 --> 00:00:28,479 Speaker 3: It's a tough prison when you have the guards going 9 00:00:28,520 --> 00:00:31,880 Speaker 3: against you because they are the biggest gang in the prison. 10 00:00:33,120 --> 00:00:35,280 Speaker 1: They do that. They'll give a guy a life sentence 11 00:00:35,440 --> 00:00:37,560 Speaker 1: and go home in eat spaghetti like it was nothing. 12 00:00:38,960 --> 00:00:41,120 Speaker 2: And anybody that said, well, why would you confess to 13 00:00:41,280 --> 00:00:43,959 Speaker 2: something that you didn't do? My question to them will 14 00:00:44,000 --> 00:00:46,920 Speaker 2: be why wouldn't you confess when somebody's threatening to kill 15 00:00:46,920 --> 00:00:47,400 Speaker 2: your life? 16 00:00:48,800 --> 00:00:50,720 Speaker 1: The judge, he said, how you feel? 17 00:00:50,760 --> 00:00:52,919 Speaker 2: I said, I'm okay. He said, well, the days you're 18 00:00:52,960 --> 00:00:55,280 Speaker 2: lucky day you're going home. 19 00:00:56,840 --> 00:01:15,480 Speaker 3: This is Wrongful Conviction. Welcome back to Wrongful Conviction with 20 00:01:15,600 --> 00:01:19,399 Speaker 3: Jason Flamm. Today we are recording from New Orleans with 21 00:01:19,720 --> 00:01:24,560 Speaker 3: a very special individual. My friend Daniel Tapia is here today. Daniel, 22 00:01:24,600 --> 00:01:25,319 Speaker 3: welcome to the show. 23 00:01:25,440 --> 00:01:26,680 Speaker 1: Thank you, thank you, thanks for having me. 24 00:01:27,080 --> 00:01:29,839 Speaker 3: Well let's start with this. We're in New Orleans, which 25 00:01:29,880 --> 00:01:33,560 Speaker 3: is the epicenter of the problem with the criminal justice 26 00:01:33,560 --> 00:01:37,639 Speaker 3: system or the world. Actually, America locks up more people 27 00:01:37,680 --> 00:01:39,760 Speaker 3: per capita than any place in the world, five times 28 00:01:39,760 --> 00:01:41,280 Speaker 3: as many people per capita as the rest of the 29 00:01:41,280 --> 00:01:46,160 Speaker 3: Western world, fourteen times as many as Japan, which is insane. 30 00:01:46,480 --> 00:01:50,400 Speaker 3: Louisiana locks up twice as many people per capita as 31 00:01:50,400 --> 00:01:54,040 Speaker 3: the rest of the United States, and New Orleans locks 32 00:01:54,120 --> 00:01:58,480 Speaker 3: up more people than any other county or city in Louisiana, sir. 33 00:01:59,200 --> 00:02:04,320 Speaker 3: So overall, it's really not that shocking that somebody like 34 00:02:04,360 --> 00:02:06,360 Speaker 3: you could be wrongfully convicted in a place like this. 35 00:02:06,880 --> 00:02:08,600 Speaker 1: That happens way too often. 36 00:02:08,680 --> 00:02:13,440 Speaker 3: Unfortunately, it's really troubling. Daniel was forced to take a 37 00:02:13,480 --> 00:02:17,400 Speaker 3: plea even though he's innocent, because had he not done that, 38 00:02:17,639 --> 00:02:19,560 Speaker 3: he'd probably be in prison for the rest of his life. 39 00:02:19,600 --> 00:02:23,520 Speaker 3: Is that fair, Yes, sir, because the way things roll 40 00:02:23,720 --> 00:02:25,960 Speaker 3: down here, and to be fair, in most of the 41 00:02:25,960 --> 00:02:27,800 Speaker 3: rest of the country, a huge number of people are 42 00:02:27,840 --> 00:02:31,520 Speaker 3: faced with the same sort of Sophie's choice that you had, 43 00:02:32,080 --> 00:02:33,920 Speaker 3: which is either plead guilty and sort of have that 44 00:02:33,960 --> 00:02:36,840 Speaker 3: scarlet letter, or try to fight for your innocence and 45 00:02:37,240 --> 00:02:39,720 Speaker 3: run the risk of the very likely scenario that you're 46 00:02:39,720 --> 00:02:40,919 Speaker 3: going to spend the rest of your life in prison. 47 00:02:40,960 --> 00:02:44,080 Speaker 3: So let's go back to your case, because it's like 48 00:02:44,160 --> 00:02:45,520 Speaker 3: something out of a movie. 49 00:02:45,600 --> 00:02:47,680 Speaker 1: It absolutely is. That's the only way I know how 50 00:02:47,680 --> 00:02:48,720 Speaker 1: to go a bad movie. 51 00:02:48,960 --> 00:02:52,679 Speaker 3: So walk us through that. What happened? Where were you? 52 00:02:52,840 --> 00:02:54,400 Speaker 3: How did you get caught up in this? 53 00:02:54,800 --> 00:02:57,720 Speaker 1: Okay? I used to live in the Calio Projects in 54 00:02:57,760 --> 00:03:01,360 Speaker 1: New Waters, That's where this incident occurred. That so on 55 00:03:01,440 --> 00:03:03,320 Speaker 1: the day that it occurred, I was with a friend 56 00:03:03,320 --> 00:03:05,000 Speaker 1: of mine. Let me say this. I had just bought 57 00:03:05,040 --> 00:03:07,400 Speaker 1: my first call. I was a teenager. I was eighteen 58 00:03:07,480 --> 00:03:10,839 Speaker 1: years old, just bought my first call, and basically all 59 00:03:10,840 --> 00:03:14,120 Speaker 1: I was doing was everybody I knew, all my friends, anybody, Hey, 60 00:03:14,120 --> 00:03:15,840 Speaker 1: you need to ride, Let's go this place, Let's go 61 00:03:15,840 --> 00:03:16,240 Speaker 1: to that place. 62 00:03:16,240 --> 00:03:16,400 Speaker 4: You know. 63 00:03:16,440 --> 00:03:19,480 Speaker 1: We just were riding around everywhere, typical of most teenagers 64 00:03:19,520 --> 00:03:22,760 Speaker 1: when they buy their first vehicle, especially when you're the 65 00:03:22,800 --> 00:03:24,600 Speaker 1: only one out of your friends who has one at 66 00:03:24,600 --> 00:03:27,560 Speaker 1: the time. You know, the data incident happened. I was 67 00:03:27,560 --> 00:03:29,520 Speaker 1: outside talking to another friend of mine. Me and one 68 00:03:29,520 --> 00:03:30,920 Speaker 1: of my friends were getting ready to leave, and he 69 00:03:31,000 --> 00:03:32,639 Speaker 1: was like, where y'all about to go? I said, we 70 00:03:32,639 --> 00:03:34,400 Speaker 1: I'm gonna go pass by my girlfriend and then we 71 00:03:34,480 --> 00:03:37,480 Speaker 1: probably gonna go downtown, which was you know, I lived uptown. 72 00:03:37,640 --> 00:03:39,360 Speaker 1: So he said, all right, well just drop me off 73 00:03:39,400 --> 00:03:40,880 Speaker 1: on your way over there. So I said, all right. 74 00:03:40,880 --> 00:03:43,560 Speaker 1: So I dropped him off, and a friend of mine 75 00:03:43,640 --> 00:03:46,680 Speaker 1: had recently been another guy that I knew. He had 76 00:03:46,680 --> 00:03:50,440 Speaker 1: recently been shot by another individual, and you know, he 77 00:03:50,600 --> 00:03:52,440 Speaker 1: was my friend who I was dropping off. Was going 78 00:03:52,440 --> 00:03:55,600 Speaker 1: to check on him because he lived upstairs where I 79 00:03:55,640 --> 00:03:57,440 Speaker 1: was dropping him off, fat in the projects on the 80 00:03:57,520 --> 00:04:00,680 Speaker 1: other side. So as I dropped him off, he gets out, 81 00:04:00,720 --> 00:04:02,920 Speaker 1: he goes in there. I pulled off. I pull up 82 00:04:03,080 --> 00:04:05,880 Speaker 1: way I was going to. My girlfriend was probably approximately 83 00:04:06,240 --> 00:04:09,320 Speaker 1: maybe two to three blocks away. She lived in another driveway. 84 00:04:09,400 --> 00:04:12,279 Speaker 1: And if I'm going that way, I started hearing gunshots. 85 00:04:13,000 --> 00:04:15,240 Speaker 1: And when I started hearing gunshots, my friend who was 86 00:04:15,280 --> 00:04:17,320 Speaker 1: in the vehicle with me, he's like, man, you know 87 00:04:17,400 --> 00:04:20,279 Speaker 1: that's coming from where we just dropped off with my 88 00:04:20,360 --> 00:04:23,200 Speaker 1: other two friends. So I look back. I can't see 89 00:04:23,240 --> 00:04:25,760 Speaker 1: anything because the way the buildings are you can't see 90 00:04:26,040 --> 00:04:28,360 Speaker 1: over to what's going on. All I hear is gunshots. 91 00:04:28,560 --> 00:04:31,320 Speaker 1: And then I start hearing gunshots getting rapid succession like 92 00:04:31,360 --> 00:04:34,160 Speaker 1: a semi automatic, you know, like assault rifle. You can 93 00:04:34,200 --> 00:04:36,000 Speaker 1: you know the difference between a sault rifle and a 94 00:04:36,000 --> 00:04:39,000 Speaker 1: pistol going off? I mean, it's shot after shot, it's 95 00:04:39,040 --> 00:04:42,800 Speaker 1: just relentless shot after shot. At that time, probably less 96 00:04:42,839 --> 00:04:46,920 Speaker 1: than a minute later, my friend and his friend come running, 97 00:04:47,000 --> 00:04:49,760 Speaker 1: and as they're running, somebody's behind them shooting at them 98 00:04:50,040 --> 00:04:51,440 Speaker 1: with the assault rifle. 99 00:04:51,440 --> 00:04:51,760 Speaker 4: Over whatever. 100 00:04:51,880 --> 00:04:53,960 Speaker 3: It sounds like a video game, yes, sir, but it 101 00:04:54,040 --> 00:04:54,520 Speaker 3: was crazy. 102 00:04:54,560 --> 00:04:57,520 Speaker 1: No, it's real life. It's split second. You gotta make 103 00:04:57,520 --> 00:04:59,640 Speaker 1: a decision. What are you gonna do? So, as he's running, 104 00:05:00,440 --> 00:05:02,839 Speaker 1: he's running towards me, and I see him, so I 105 00:05:03,320 --> 00:05:04,960 Speaker 1: you know, I'm looking. I get back in my car 106 00:05:05,000 --> 00:05:07,240 Speaker 1: and he comes running towards my car. Pull up, he 107 00:05:07,320 --> 00:05:09,000 Speaker 1: jumps in my car. I take off. I'm like, man, 108 00:05:09,040 --> 00:05:11,920 Speaker 1: what happened? He's like, man, just go, just go, just go. So, 109 00:05:12,080 --> 00:05:14,080 Speaker 1: I know somebody's shooting at him. You know, I don't 110 00:05:14,120 --> 00:05:16,400 Speaker 1: know exactly what went on, but I see someone shooting 111 00:05:16,440 --> 00:05:16,720 Speaker 1: at him. 112 00:05:16,720 --> 00:05:19,160 Speaker 3: Well, someone shoot at him. They' shooting at ut exactly now. 113 00:05:19,200 --> 00:05:21,320 Speaker 1: Yeah, So there's no time to sit around and think 114 00:05:21,360 --> 00:05:23,279 Speaker 1: about what happened or what might have happened. What's the 115 00:05:23,320 --> 00:05:25,839 Speaker 1: right decision? Was not the right decision. So I pull 116 00:05:25,920 --> 00:05:27,800 Speaker 1: off and I pull out of the driveway, and I 117 00:05:27,880 --> 00:05:31,920 Speaker 1: mean less than maybe two blocks. There's cops coming from everywhere. 118 00:05:32,279 --> 00:05:35,280 Speaker 1: So I stopped. I didn't do anything, you know, I stopped. 119 00:05:35,360 --> 00:05:37,320 Speaker 1: I pull over to the side of the road. And 120 00:05:37,360 --> 00:05:38,839 Speaker 1: as I pull over to the side of the road, 121 00:05:38,880 --> 00:05:41,280 Speaker 1: they come pulling up on us. So, you know, I 122 00:05:41,360 --> 00:05:43,240 Speaker 1: put my hands up, get out the car. Whatever. I 123 00:05:43,279 --> 00:05:45,719 Speaker 1: know something happened, but I don't know what happened. I know, 124 00:05:46,040 --> 00:05:47,560 Speaker 1: you know, there was a shooting going on. I don't 125 00:05:47,600 --> 00:05:50,000 Speaker 1: know what happened, though, So we get out. They pull 126 00:05:50,080 --> 00:05:51,800 Speaker 1: us all out, They separate all of us, put us 127 00:05:51,800 --> 00:05:54,039 Speaker 1: in different places. Four of you, four of us, Yes, sir, 128 00:05:54,080 --> 00:05:55,719 Speaker 1: it was four of us. And this is where the 129 00:05:55,760 --> 00:05:58,839 Speaker 1: story gets crazy. This is where it starts not making 130 00:05:58,880 --> 00:05:59,360 Speaker 1: sense at all. 131 00:05:59,440 --> 00:06:00,240 Speaker 3: Pretty crazy so far. 132 00:06:00,320 --> 00:06:02,039 Speaker 1: But yeah, yeah, yeah, yeah, yeah, yeah. Well I'm gonna 133 00:06:02,040 --> 00:06:04,680 Speaker 1: just say, you know, this is when the corruption starts. 134 00:06:04,760 --> 00:06:07,880 Speaker 1: Let me put it like that. So as we get stopped, 135 00:06:07,920 --> 00:06:09,520 Speaker 1: we get pulled out. So I don't know what the 136 00:06:09,520 --> 00:06:11,279 Speaker 1: cops are telling the other guy. But there's a black 137 00:06:11,320 --> 00:06:14,719 Speaker 1: car that pulls is a black Cadillac with tinted windows 138 00:06:14,720 --> 00:06:16,599 Speaker 1: and rims in it. And a guy pulls in front 139 00:06:16,640 --> 00:06:19,360 Speaker 1: and gets out, and he comes straight to where I'm 140 00:06:19,360 --> 00:06:20,760 Speaker 1: at and he comes back there and he opens the 141 00:06:20,800 --> 00:06:23,160 Speaker 1: door and he tells me he's a police officer. He 142 00:06:23,240 --> 00:06:25,600 Speaker 1: just saw everything that happened, and he knows I didn't 143 00:06:25,600 --> 00:06:27,479 Speaker 1: have anything to do with it, but he needs to 144 00:06:27,520 --> 00:06:29,919 Speaker 1: know what's going on because it's the second murder in 145 00:06:30,000 --> 00:06:32,400 Speaker 1: the neighborhood within that week. That was someone who was 146 00:06:32,480 --> 00:06:34,960 Speaker 1: killed maybe a block away from where this incident happened, 147 00:06:35,200 --> 00:06:37,840 Speaker 1: about five days before that, the Calio Projects in New Orleans. 148 00:06:37,880 --> 00:06:39,560 Speaker 1: There was a lot of murders, a lot of stuff 149 00:06:39,600 --> 00:06:41,359 Speaker 1: going on. It's a really bad neighborhood to grow up 150 00:06:41,360 --> 00:06:43,640 Speaker 1: in and living. And so I told him, I said, look, 151 00:06:43,680 --> 00:06:45,400 Speaker 1: I don't know what happened. I don't know anything about 152 00:06:45,400 --> 00:06:47,360 Speaker 1: the shooting. I said, man, I was just over here 153 00:06:47,360 --> 00:06:50,120 Speaker 1: and I heard some shots. So he punched me. He 154 00:06:50,200 --> 00:06:52,680 Speaker 1: hit me. He said, you're trying to take up for him. 155 00:06:52,920 --> 00:06:54,200 Speaker 1: I said, look, well, look I want to talk to 156 00:06:54,240 --> 00:06:54,680 Speaker 1: a lawyer. 157 00:06:54,720 --> 00:06:54,920 Speaker 4: Man. 158 00:06:54,960 --> 00:06:56,840 Speaker 1: You know, I ain't got nothing else to say to y'all. 159 00:06:56,920 --> 00:06:58,920 Speaker 1: Y'all sitting here punching on me saying I'm lying. I 160 00:06:58,960 --> 00:07:01,640 Speaker 1: ain't got nothing to say, so then he slams the door. 161 00:07:01,880 --> 00:07:04,480 Speaker 1: So then one after one, cops start coming up to 162 00:07:04,520 --> 00:07:06,440 Speaker 1: the car and they open the back door, and they 163 00:07:06,480 --> 00:07:09,560 Speaker 1: keep asking me what my race is. I'm like, what 164 00:07:09,720 --> 00:07:11,600 Speaker 1: my race is? What the what does that have to 165 00:07:11,600 --> 00:07:13,400 Speaker 1: do with anything? Why y'all keep why? Why are these 166 00:07:13,440 --> 00:07:15,920 Speaker 1: cops so interesting if I'm black or white? And so 167 00:07:16,200 --> 00:07:18,560 Speaker 1: I don't think anything of it. I'm just, you know whatever, 168 00:07:18,720 --> 00:07:22,000 Speaker 1: the stupid cops. You know, I'm not thinking anything. Well, 169 00:07:22,400 --> 00:07:25,120 Speaker 1: the captain of the sixth District comes and he tells me, 170 00:07:25,840 --> 00:07:27,560 Speaker 1: because I want to take up for them, he's gonna 171 00:07:27,560 --> 00:07:29,320 Speaker 1: make sure I get the death penalty win him after, 172 00:07:29,480 --> 00:07:32,200 Speaker 1: you know alone whatever. We've been sitting out there, maybe 173 00:07:32,200 --> 00:07:33,320 Speaker 1: two three hours now. 174 00:07:33,320 --> 00:07:34,960 Speaker 3: Right, The problem being that you don't actually know. 175 00:07:35,000 --> 00:07:36,120 Speaker 1: What I don't know what happened. 176 00:07:36,280 --> 00:07:37,880 Speaker 3: So even if you wanted to tell him that, you 177 00:07:38,080 --> 00:07:40,520 Speaker 3: certainly would not if you couldn't live in that neighborhood 178 00:07:41,280 --> 00:07:43,720 Speaker 3: on exactly, but there was no snitching, you would have 179 00:07:43,760 --> 00:07:45,080 Speaker 3: to just make up a story out of thin air. 180 00:07:45,200 --> 00:07:49,160 Speaker 1: Yeah, I really legitimately don't know what happened for real, 181 00:07:49,440 --> 00:07:51,040 Speaker 1: because I couldn't see over it that I couldn't see 182 00:07:51,080 --> 00:07:53,120 Speaker 1: what was going on. But I know in my heart, 183 00:07:53,160 --> 00:07:54,680 Speaker 1: I'm like, I didn't I didn't have anything to do 184 00:07:54,800 --> 00:07:56,840 Speaker 1: with this. So I'm not even worrying about if I'm 185 00:07:56,840 --> 00:07:58,880 Speaker 1: gonna go to jail or if you know, because I'm like, 186 00:07:58,880 --> 00:08:01,600 Speaker 1: I didn't do anything. I stopped, y'all, I stopped, I 187 00:08:01,640 --> 00:08:03,559 Speaker 1: got out. I don't know, y'all. Tell y'all are telling 188 00:08:03,600 --> 00:08:05,680 Speaker 1: me what happened. I don't know what happened. Y'all are 189 00:08:05,720 --> 00:08:07,680 Speaker 1: telling me that somebody got shot and all this type 190 00:08:07,680 --> 00:08:12,560 Speaker 1: of stuff. So I go to jail and they let 191 00:08:12,640 --> 00:08:14,560 Speaker 1: the guy who was with me, my friend who was 192 00:08:14,600 --> 00:08:17,080 Speaker 1: with me, they let him go that same night, and 193 00:08:17,120 --> 00:08:19,520 Speaker 1: I'm just thinking of my head like this, this is crazy, you. 194 00:08:19,560 --> 00:08:22,160 Speaker 3: Know, like what this is the guy who came running 195 00:08:22,200 --> 00:08:22,720 Speaker 3: into the car. 196 00:08:22,840 --> 00:08:24,640 Speaker 1: No, this was another guy, the guy who was with 197 00:08:24,720 --> 00:08:26,640 Speaker 1: me at the time when the other guys came running 198 00:08:26,640 --> 00:08:28,440 Speaker 1: to the car. There was two guys who ran to 199 00:08:28,480 --> 00:08:29,840 Speaker 1: the car, and it was me and another friend of 200 00:08:29,880 --> 00:08:32,080 Speaker 1: mine who were in the car at the time already. 201 00:08:31,840 --> 00:08:34,320 Speaker 1: And they let him go, but they didn't let me go. 202 00:08:34,400 --> 00:08:36,880 Speaker 1: So I'm like, man, you know why they taking me 203 00:08:37,200 --> 00:08:39,080 Speaker 1: and and let him go. It's like, you know, but 204 00:08:39,160 --> 00:08:41,959 Speaker 1: I still don't know what's going on. I didn't actually 205 00:08:41,960 --> 00:08:44,560 Speaker 1: find out what was going when it actually happened until 206 00:08:44,559 --> 00:08:47,360 Speaker 1: when I was in jail, had been processed about three 207 00:08:47,440 --> 00:08:49,360 Speaker 1: days later, because I didn't even see myself on a 208 00:08:49,440 --> 00:08:53,280 Speaker 1: news I got a newspaper article from somebody. They let 209 00:08:53,360 --> 00:08:55,000 Speaker 1: me see the newspaper when I got up on the 210 00:08:55,040 --> 00:08:57,120 Speaker 1: til I was going on, and I read what happened, 211 00:08:57,440 --> 00:09:00,120 Speaker 1: and I was like, what, holy shit. And then I 212 00:09:00,120 --> 00:09:02,240 Speaker 1: start reading how they trying to involve me in and 213 00:09:02,280 --> 00:09:04,960 Speaker 1: I'm like, man, that's not even what happened. But I mean, 214 00:09:05,000 --> 00:09:06,319 Speaker 1: what can I say? What can I do about it? 215 00:09:06,360 --> 00:09:08,840 Speaker 1: I'm in jail now, So the first thing I'm thinking is, 216 00:09:08,840 --> 00:09:10,800 Speaker 1: all right, this is gonna get played out in court. 217 00:09:10,880 --> 00:09:13,240 Speaker 1: You know, I'll go to court. It'll be over. You know, 218 00:09:13,320 --> 00:09:15,840 Speaker 1: they'll see Because the cops telling me he saw everything 219 00:09:15,880 --> 00:09:18,000 Speaker 1: that happened and he knows I didn't have anything to 220 00:09:18,000 --> 00:09:20,200 Speaker 1: do with it, and he told me because he thinks 221 00:09:20,200 --> 00:09:21,880 Speaker 1: I'm trying to take up for them, that he's gonna 222 00:09:22,320 --> 00:09:24,280 Speaker 1: mess over me. But I'm like, this guy is't really 223 00:09:24,280 --> 00:09:26,920 Speaker 1: gonna go through this and really come in here and 224 00:09:26,960 --> 00:09:29,000 Speaker 1: lie in court and say, you know that I had 225 00:09:29,040 --> 00:09:31,880 Speaker 1: something to do with something I didn't, but he did. 226 00:09:32,040 --> 00:09:35,560 Speaker 1: And what's crazy is that even as they played the 227 00:09:35,640 --> 00:09:38,480 Speaker 1: dispatch tape of him calling in the shooting that he 228 00:09:38,559 --> 00:09:42,360 Speaker 1: allegedly witnessed, it doesn't even line up with what he 229 00:09:42,440 --> 00:09:44,600 Speaker 1: testified to in court, Like it doesn't even make. 230 00:09:44,480 --> 00:09:46,600 Speaker 3: Sense because he called in and said it was three 231 00:09:46,600 --> 00:09:46,920 Speaker 3: black men. 232 00:09:47,000 --> 00:09:48,520 Speaker 1: He called in and said it was three black males, 233 00:09:48,520 --> 00:09:50,520 Speaker 1: which obviously I have no melody. I don't have a 234 00:09:50,600 --> 00:09:54,320 Speaker 1: drop of it in my skin. That's all I can. Yeah, 235 00:09:54,360 --> 00:09:56,840 Speaker 1: that's it, you know, especially in that neighborhood. I'm one 236 00:09:56,880 --> 00:09:59,480 Speaker 1: of the only white people in that neighborhood period. 237 00:10:00,280 --> 00:10:03,000 Speaker 3: Actually, if he did witness the shooting, it would have 238 00:10:03,040 --> 00:10:04,720 Speaker 3: been really easy for him to identify it. 239 00:10:04,760 --> 00:10:05,880 Speaker 1: Just spotted me a mile away. 240 00:10:05,920 --> 00:10:07,240 Speaker 3: If I had something, it would have been, yeah, that's 241 00:10:07,240 --> 00:10:08,920 Speaker 3: the white guy from the name right exactly. 242 00:10:09,520 --> 00:10:12,000 Speaker 1: And you said it was three black males. But when 243 00:10:12,000 --> 00:10:14,640 Speaker 1: you stopped us, you stopped three black males and meet 244 00:10:14,720 --> 00:10:17,080 Speaker 1: and you let one of them go, which he didn't 245 00:10:17,120 --> 00:10:18,760 Speaker 1: have anything to do with it either. But it's just 246 00:10:18,760 --> 00:10:21,719 Speaker 1: a thought like where is all this going? Like how 247 00:10:21,720 --> 00:10:24,320 Speaker 1: does this even make sense to y'all to actually prosecute this. 248 00:10:25,320 --> 00:10:28,360 Speaker 1: It took over two years and I was eventually convicted 249 00:10:28,400 --> 00:10:29,400 Speaker 1: the second agree murder. 250 00:10:29,440 --> 00:10:32,040 Speaker 3: It took two years for the trial to resolve. So 251 00:10:32,120 --> 00:10:34,000 Speaker 3: you were in jail for two years waiting. 252 00:10:33,720 --> 00:10:35,360 Speaker 1: To go to trial, yes, sir, thinking I was going 253 00:10:35,400 --> 00:10:38,000 Speaker 1: to go home, and I didn't. They convicted me, and 254 00:10:38,160 --> 00:10:40,200 Speaker 1: it was it was the most surreal feeling I ever 255 00:10:40,200 --> 00:10:41,080 Speaker 1: felt in my life. 256 00:10:41,280 --> 00:10:44,040 Speaker 3: And the crime happened in two thousand and three. 257 00:10:43,920 --> 00:10:46,240 Speaker 1: Yes, sir, April eleven, two thousand and three. 258 00:10:46,000 --> 00:10:49,720 Speaker 3: And Hurricane Katrina has a role in this whole crazy 259 00:10:49,760 --> 00:10:53,760 Speaker 3: saga of your life as well. Definitely, So let's talk 260 00:10:53,800 --> 00:10:54,160 Speaker 3: about that. 261 00:10:55,160 --> 00:10:58,959 Speaker 1: So in August two thousand and five, Hurricane Katrina comes true. 262 00:10:59,400 --> 00:11:01,920 Speaker 1: So in the day leading up to Katrina, they basically 263 00:11:02,040 --> 00:11:05,080 Speaker 1: just it was like nothing was gonna happen, no big deal. 264 00:11:05,280 --> 00:11:07,840 Speaker 1: I'm looking at this giant storm coming our way, but 265 00:11:07,880 --> 00:11:10,160 Speaker 1: there's no preparations being made. They're not moving us out 266 00:11:10,200 --> 00:11:12,160 Speaker 1: of the line of fire. They're not taking us to 267 00:11:12,200 --> 00:11:14,480 Speaker 1: another prison up north or something where we're out of 268 00:11:14,520 --> 00:11:16,560 Speaker 1: the way of the storm and out of horms way. 269 00:11:16,920 --> 00:11:21,959 Speaker 1: They just left us there. Friday, Hurricane Katrina hitting Sunday 270 00:11:22,400 --> 00:11:25,040 Speaker 1: that Friday. They turned the phones off inside the jail, 271 00:11:25,080 --> 00:11:27,240 Speaker 1: so nobody can make a phone call outside to talk 272 00:11:27,240 --> 00:11:28,840 Speaker 1: to their family, anything like that, or let them know 273 00:11:28,880 --> 00:11:29,959 Speaker 1: that we were still in there. 274 00:11:30,200 --> 00:11:31,280 Speaker 3: Which jail was it again? 275 00:11:31,440 --> 00:11:32,400 Speaker 1: Orleans Paris Prison? 276 00:11:32,440 --> 00:11:34,640 Speaker 3: And what does that look like? Is it a tall building? 277 00:11:34,760 --> 00:11:35,400 Speaker 3: Is it a flat? 278 00:11:35,640 --> 00:11:37,000 Speaker 1: It's four stories tall. 279 00:11:36,960 --> 00:11:39,120 Speaker 3: So it's not tall at all. Not when you have Hurricane. 280 00:11:38,840 --> 00:11:40,960 Speaker 1: Katrina coming, not at all, Not at all. 281 00:11:41,040 --> 00:11:42,760 Speaker 3: And if you're on the first the second floor, if. 282 00:11:42,640 --> 00:11:45,240 Speaker 1: You're on the first floor, you'd have been dead because 283 00:11:45,280 --> 00:11:46,920 Speaker 1: I was on the second floor and we were standing 284 00:11:46,960 --> 00:11:47,360 Speaker 1: in water. 285 00:11:48,440 --> 00:11:52,440 Speaker 3: So let me just get this straight. Hurricane Katrina's coming 286 00:11:52,760 --> 00:11:55,680 Speaker 3: one of the biggest storms in the history of this country. Yes, sir, 287 00:11:55,880 --> 00:11:59,440 Speaker 3: didn't take anybody by surprise. No, everybody saw that thing. 288 00:12:00,040 --> 00:12:03,400 Speaker 3: He's coming a mile away, days away. There's one time 289 00:12:03,400 --> 00:12:04,400 Speaker 3: the weather men actually. 290 00:12:04,160 --> 00:12:04,800 Speaker 4: Got it right. Yeah. 291 00:12:04,840 --> 00:12:06,160 Speaker 1: Yeah, they couldn't mess that one up. 292 00:12:06,240 --> 00:12:10,080 Speaker 3: So they decided that the appropriate response would be to 293 00:12:10,760 --> 00:12:13,600 Speaker 3: abandon you there because they want to go protect their 294 00:12:13,600 --> 00:12:16,199 Speaker 3: own asses. Yes, and turn off the phones. 295 00:12:16,320 --> 00:12:18,240 Speaker 1: Yes, that's exactly what they did. 296 00:12:18,480 --> 00:12:21,040 Speaker 3: So the storm comes, you were on the second. 297 00:12:20,800 --> 00:12:22,000 Speaker 1: Floor, I was on the second floor. 298 00:12:22,040 --> 00:12:24,800 Speaker 3: What was the vibe? What was everybody saying and doing? 299 00:12:24,840 --> 00:12:27,040 Speaker 3: I mean, like it just just when you think things 300 00:12:27,080 --> 00:12:27,760 Speaker 3: can't get worse. 301 00:12:27,960 --> 00:12:30,520 Speaker 1: Yeah, So what happened was we were all on a 302 00:12:30,600 --> 00:12:33,240 Speaker 1: tib and of course, you know the power went out. 303 00:12:33,559 --> 00:12:37,400 Speaker 1: When the power goes out before the deputies basically locked 304 00:12:37,480 --> 00:12:39,840 Speaker 1: us in there. Left We can see out the window 305 00:12:39,840 --> 00:12:42,280 Speaker 1: onto the fourth floor, which is the highest level inside 306 00:12:42,280 --> 00:12:44,839 Speaker 1: of the building. Up there, that's where the deputies have 307 00:12:44,920 --> 00:12:48,440 Speaker 1: stationed themselves at. They removed the inmates who were up 308 00:12:48,440 --> 00:12:50,720 Speaker 1: there on the fourth floor and put them at lower floors. 309 00:12:51,000 --> 00:12:52,600 Speaker 1: And they were up there and they had like some 310 00:12:52,679 --> 00:12:54,880 Speaker 1: of their family members and stuff in there up on 311 00:12:54,920 --> 00:12:58,000 Speaker 1: the fourth floor, and they were up there cooking, and 312 00:12:58,320 --> 00:12:59,880 Speaker 1: you know, you could see they had like a barbecue 313 00:13:00,200 --> 00:13:01,880 Speaker 1: and they had all the food that was left. They 314 00:13:02,000 --> 00:13:04,360 Speaker 1: took it up there with them. So they locked us 315 00:13:04,400 --> 00:13:06,559 Speaker 1: inside of our tears, which is your cell blocks of 316 00:13:06,600 --> 00:13:10,000 Speaker 1: your domes, and we had no food. Once the storm 317 00:13:10,000 --> 00:13:11,920 Speaker 1: comes to you, we have no running water, we have no 318 00:13:12,000 --> 00:13:14,480 Speaker 1: clean water, we have nothing. We can barely even breathe 319 00:13:14,480 --> 00:13:17,400 Speaker 1: in there because it's stifling from the lack of air 320 00:13:17,520 --> 00:13:20,720 Speaker 1: and circulation going on inside there, and you've got on 321 00:13:20,800 --> 00:13:24,360 Speaker 1: a particular tier I was on. There's enough beds for 322 00:13:24,360 --> 00:13:27,600 Speaker 1: forty two people. We had about sixty four at the 323 00:13:27,640 --> 00:13:30,600 Speaker 1: time up there, and like I said, with nothing else, 324 00:13:30,679 --> 00:13:33,600 Speaker 1: not even enough beds for everybody to be in. Obviously, 325 00:13:33,640 --> 00:13:37,040 Speaker 1: being in prison, you around other people who are maybe 326 00:13:37,080 --> 00:13:39,480 Speaker 1: not so nice individuals and who have different beefs and 327 00:13:39,480 --> 00:13:42,200 Speaker 1: stuff from the street, and so when the lights go out, 328 00:13:42,760 --> 00:13:44,720 Speaker 1: nobody wants to be that guy, because I mean you 329 00:13:44,760 --> 00:13:46,640 Speaker 1: literally couldn't see your hand in front of your face 330 00:13:46,880 --> 00:13:49,240 Speaker 1: when the power was out in there. So you had 331 00:13:49,280 --> 00:13:52,800 Speaker 1: guys that started lighting fires inside of there and stuff 332 00:13:52,840 --> 00:13:55,360 Speaker 1: like that, and there's no air, there's no circulation, there's 333 00:13:55,400 --> 00:13:58,559 Speaker 1: no windows, there's no anyway for this smoke to get out. 334 00:13:58,960 --> 00:14:01,920 Speaker 1: So you got these idiots who started a fire on 335 00:14:01,960 --> 00:14:04,760 Speaker 1: the other side, and there's smoke going all through the 336 00:14:04,760 --> 00:14:07,040 Speaker 1: inside of the dome where we at. So we had 337 00:14:07,040 --> 00:14:09,559 Speaker 1: to break windows in order for the smoke to get out, 338 00:14:09,600 --> 00:14:12,120 Speaker 1: just so we could breathe and everybody didn't suffocate up there. 339 00:14:12,280 --> 00:14:13,480 Speaker 3: How did you break a window? 340 00:14:13,520 --> 00:14:16,320 Speaker 1: I mean, yeah, they have bars around them and it's 341 00:14:16,360 --> 00:14:19,960 Speaker 1: reinforced glass. But we had like a big iron metal 342 00:14:20,000 --> 00:14:22,720 Speaker 1: bar that goes across the shower, and we ended up 343 00:14:22,760 --> 00:14:25,320 Speaker 1: breaking that down out of the wall and use that 344 00:14:25,640 --> 00:14:27,760 Speaker 1: along with a broom and a mopstick that was up 345 00:14:27,800 --> 00:14:30,080 Speaker 1: there to just beat on a glass until it put 346 00:14:30,280 --> 00:14:32,320 Speaker 1: a hole in it. And once it put a hole 347 00:14:32,360 --> 00:14:33,880 Speaker 1: in it, we just chipped the way at it and 348 00:14:33,880 --> 00:14:36,320 Speaker 1: broke it out. So the bars were still intact, like 349 00:14:36,320 --> 00:14:38,600 Speaker 1: we couldn't get out of the window, but the glass 350 00:14:38,640 --> 00:14:41,640 Speaker 1: itself was broken where we could. Air was able to 351 00:14:41,640 --> 00:14:42,560 Speaker 1: come in and go out. 352 00:14:43,040 --> 00:14:47,280 Speaker 3: So that saved everybody's life right there. Literally, you're painting 353 00:14:47,400 --> 00:14:51,840 Speaker 3: a picture of literally the worst imaginable scenario that anybody 354 00:14:51,840 --> 00:14:57,320 Speaker 3: could be in. It's dark, it's stifling heat, there's no air. 355 00:14:57,640 --> 00:15:00,440 Speaker 1: No food, no food, no water over all of. 356 00:15:00,400 --> 00:15:03,200 Speaker 3: Them, and a storm coming in that just might kill 357 00:15:03,240 --> 00:15:03,560 Speaker 3: you all. 358 00:15:03,720 --> 00:15:06,080 Speaker 1: Yeah. Well, by this time the storm had passed when 359 00:15:06,120 --> 00:15:07,960 Speaker 1: the part of the lights and everything went off, the 360 00:15:08,000 --> 00:15:10,920 Speaker 1: storm had passed. Now, with Hurricane Katrina, it wasn't the 361 00:15:10,960 --> 00:15:14,600 Speaker 1: storm itself that caused the flooded. That's why we were 362 00:15:14,600 --> 00:15:17,800 Speaker 1: so lost. Because the storm came, the wind came through, 363 00:15:17,840 --> 00:15:20,120 Speaker 1: the rain came through, the power went out, and then 364 00:15:20,160 --> 00:15:22,880 Speaker 1: it passed and the sun was shining outside. Well, all 365 00:15:22,920 --> 00:15:25,200 Speaker 1: of a sudden, now we're seeing water just coming up 366 00:15:25,240 --> 00:15:26,520 Speaker 1: and up and up and up and up and up, 367 00:15:26,520 --> 00:15:27,880 Speaker 1: and we're looking out the wind and we're like, man, 368 00:15:27,920 --> 00:15:30,320 Speaker 1: where's all this fucking water coming from? You know, it 369 00:15:30,480 --> 00:15:32,880 Speaker 1: just keeps pouring, raising up and up closer to where 370 00:15:32,960 --> 00:15:35,440 Speaker 1: we are, until eventually it's to the second floor where 371 00:15:35,440 --> 00:15:38,800 Speaker 1: we're at. Well, at the time, the building where I 372 00:15:38,920 --> 00:15:41,240 Speaker 1: was at, we were right next to the coroner's office. 373 00:15:41,440 --> 00:15:43,800 Speaker 1: We didn't process this at the time because you know, 374 00:15:43,840 --> 00:15:46,200 Speaker 1: you're just not thinking about what it could potentially be. 375 00:15:46,720 --> 00:15:49,800 Speaker 1: We look outside the winter and it's dead bodies floating 376 00:15:50,240 --> 00:15:53,440 Speaker 1: right right around the window right where we are, right 377 00:15:53,480 --> 00:15:56,280 Speaker 1: next to us. There was at least seven dead bodies 378 00:15:56,280 --> 00:15:58,720 Speaker 1: that were floating around out there. So we're like, man, 379 00:15:58,760 --> 00:16:01,760 Speaker 1: this fucking water's coming up. There's no guards, no help, 380 00:16:01,800 --> 00:16:04,240 Speaker 1: no food, no water, and we got dead blodies floating 381 00:16:04,280 --> 00:16:06,400 Speaker 1: around in the window next to us. But there came 382 00:16:06,440 --> 00:16:08,840 Speaker 1: from the corner's office. Because the corner's office, which was 383 00:16:08,880 --> 00:16:11,120 Speaker 1: on the first floor, was completely submerged in water and 384 00:16:11,160 --> 00:16:14,280 Speaker 1: floated up. We didn't realize that until after everything was over. 385 00:16:14,360 --> 00:16:17,720 Speaker 1: We just in panicked. Now everybody's panicking there's fucking water's 386 00:16:17,760 --> 00:16:20,880 Speaker 1: coming up, there's nobody here with us. We're locked inside 387 00:16:20,880 --> 00:16:23,560 Speaker 1: of here, literally can't get out. There's dead bodies floating 388 00:16:23,600 --> 00:16:26,560 Speaker 1: around the fucking window next to us, and we don't 389 00:16:26,560 --> 00:16:29,320 Speaker 1: even know if anybody even knows we're here more or 390 00:16:29,360 --> 00:16:31,360 Speaker 1: les's gonna come rescue us and get us out of here. 391 00:16:31,640 --> 00:16:33,520 Speaker 3: What happened to the people on the first floor? 392 00:16:34,240 --> 00:16:36,560 Speaker 1: They had got moved. Oh, that was the one thing 393 00:16:36,640 --> 00:16:38,760 Speaker 1: I give them credit that they were smart enough to do, 394 00:16:39,200 --> 00:16:41,280 Speaker 1: is they moved the people off of the first floor. 395 00:16:41,520 --> 00:16:43,680 Speaker 1: There's a lot of rumors about some people were left 396 00:16:43,680 --> 00:16:45,880 Speaker 1: down there and stuff like that. I'll never know the 397 00:16:45,880 --> 00:16:47,880 Speaker 1: truth on that, because some of the guys who were 398 00:16:47,880 --> 00:16:49,880 Speaker 1: on the first floor edded up on the second floor 399 00:16:49,880 --> 00:16:52,240 Speaker 1: with me where I was at, and they just moved 400 00:16:52,280 --> 00:16:54,800 Speaker 1: them and kind of separated them on different tears. Like 401 00:16:54,840 --> 00:16:56,120 Speaker 1: I said, they to the guys who were off the 402 00:16:56,160 --> 00:16:59,440 Speaker 1: fourth floor and put them down lower so that they 403 00:16:59,480 --> 00:17:01,880 Speaker 1: can go station themselves on the fourth floor and be 404 00:17:02,040 --> 00:17:02,960 Speaker 1: at the highest point. 405 00:17:03,080 --> 00:17:05,800 Speaker 3: So there were actually cards there with there, they just 406 00:17:05,840 --> 00:17:09,800 Speaker 3: weren't coming us. Because so if I'm I'm going to 407 00:17:09,960 --> 00:17:14,720 Speaker 3: just make an assumption that they probably lived in houses 408 00:17:14,720 --> 00:17:17,720 Speaker 3: that they couldn't stay in because you can't. New Orleans 409 00:17:17,800 --> 00:17:20,119 Speaker 3: is under sea level and we all know, we've all 410 00:17:20,160 --> 00:17:23,399 Speaker 3: seen the pictures of what happened. So had they stayed home. 411 00:17:23,359 --> 00:17:24,680 Speaker 1: They probably would have been flooded out. 412 00:17:25,160 --> 00:17:27,320 Speaker 3: They were using this as a shelter, exactly the building. 413 00:17:27,320 --> 00:17:29,120 Speaker 3: I'm sure the building is built pretty well. 414 00:17:29,600 --> 00:17:30,760 Speaker 1: That building is not going and it. 415 00:17:30,720 --> 00:17:32,399 Speaker 3: Was no matter what storm comes. 416 00:17:32,400 --> 00:17:34,600 Speaker 1: So they had their family members of You could see 417 00:17:34,640 --> 00:17:36,520 Speaker 1: their family members were up there with them, like you 418 00:17:36,520 --> 00:17:39,480 Speaker 1: saw kids. You saw women who weren't offices and stuff 419 00:17:39,520 --> 00:17:42,000 Speaker 1: like that were all staying up there on the force. 420 00:17:41,800 --> 00:17:44,480 Speaker 3: An emergency shelters. So how long were you stuck in 421 00:17:44,520 --> 00:17:47,399 Speaker 3: this situation? On Friday is when everybody left. 422 00:17:47,600 --> 00:17:50,639 Speaker 1: Sunday they left the Sunday left us down on Sunday. 423 00:17:50,920 --> 00:17:54,760 Speaker 1: Wednesday evening is when we finally were taken out of there. 424 00:17:54,960 --> 00:17:56,280 Speaker 3: And so what did you drink? 425 00:17:57,080 --> 00:17:59,440 Speaker 1: You didn't drink anything. You didn't have anything to drink. 426 00:17:59,800 --> 00:18:02,800 Speaker 3: You certainly couldn't drink the water you had the sewage 427 00:18:02,800 --> 00:18:05,200 Speaker 3: in it, right, you had dead bodies floating around. 428 00:18:05,359 --> 00:18:08,440 Speaker 1: So we were all severely dehydrated. 429 00:18:07,840 --> 00:18:09,600 Speaker 3: I mean, and water was up to what was it 430 00:18:09,680 --> 00:18:10,400 Speaker 3: up to your ankles. 431 00:18:10,560 --> 00:18:12,520 Speaker 1: It was about it our ankles. It was about it 432 00:18:12,560 --> 00:18:16,200 Speaker 1: our ankles on the second floor. When it finally stopped, 433 00:18:16,640 --> 00:18:18,800 Speaker 1: it was almost a sigh of relief because we didn't 434 00:18:18,800 --> 00:18:20,880 Speaker 1: know if it was just gonna keep coming up, would 435 00:18:20,960 --> 00:18:23,800 Speaker 1: just drowned. Yeah, because we couldn't go anywhere, and we tried. 436 00:18:24,000 --> 00:18:26,679 Speaker 1: I mean, we ripped down the air conditioning ventilation, there 437 00:18:26,680 --> 00:18:29,119 Speaker 1: were bars in the wall, we ripped the toilets out 438 00:18:29,160 --> 00:18:31,679 Speaker 1: of the ground, there were bars in the floor. We 439 00:18:31,800 --> 00:18:34,159 Speaker 1: tried to chip through the shop. I mean, that place 440 00:18:34,280 --> 00:18:36,600 Speaker 1: is a real fortress. Like you're not getting out of 441 00:18:36,640 --> 00:18:40,160 Speaker 1: there unless you're going through the guards with keys. 442 00:18:40,600 --> 00:18:46,440 Speaker 3: So seventy two hours of sheer, terror, uncertainty, hunger, thirst. 443 00:18:46,800 --> 00:18:49,879 Speaker 1: Absolutely. You had guys started fighting. They had two guys 444 00:18:49,880 --> 00:18:52,880 Speaker 1: had a knife fight, just because everybody was so stressed 445 00:18:52,880 --> 00:18:55,480 Speaker 1: out and so on high red alert. Every little thing 446 00:18:55,600 --> 00:18:58,480 Speaker 1: was taking them off. I actually had taken a sheet 447 00:18:59,080 --> 00:19:00,560 Speaker 1: and rolled on it with a ma because we can 448 00:19:00,600 --> 00:19:02,960 Speaker 1: hear the helicopters flying around and see the helicopters flying 449 00:19:02,960 --> 00:19:04,680 Speaker 1: around outside, and like I said, we didn't even know 450 00:19:04,720 --> 00:19:07,040 Speaker 1: if anybody knew we were in there. So I had 451 00:19:07,080 --> 00:19:09,280 Speaker 1: taken a sheet and rolle on that you know, people 452 00:19:09,280 --> 00:19:12,080 Speaker 1: in here need help, and tried to hang it outside 453 00:19:12,080 --> 00:19:13,800 Speaker 1: the balls because you know, we had broken the glass 454 00:19:13,800 --> 00:19:15,760 Speaker 1: and tried to hang it out there, and the officers 455 00:19:15,760 --> 00:19:18,560 Speaker 1: started shooting at us because we were sticking our hands 456 00:19:18,560 --> 00:19:20,359 Speaker 1: out the balls trying to put a flag out there. 457 00:19:20,359 --> 00:19:22,119 Speaker 1: They started taking potshots. 458 00:19:21,640 --> 00:19:23,800 Speaker 3: At Okay, so there's another thing. 459 00:19:23,880 --> 00:19:25,960 Speaker 1: Yeah, So that that was the end of us trying 460 00:19:25,960 --> 00:19:28,359 Speaker 1: to send a flag. So now the idea is start 461 00:19:28,400 --> 00:19:31,600 Speaker 1: another fire, because now we got the winners over. So 462 00:19:31,640 --> 00:19:33,520 Speaker 1: now you've got guys who are gonna lit another fire 463 00:19:33,880 --> 00:19:37,960 Speaker 1: and throwing flames like lit a mattress on fire and 464 00:19:38,240 --> 00:19:40,600 Speaker 1: sticking it, hanging it out the balls to try and 465 00:19:40,640 --> 00:19:43,040 Speaker 1: get the attention of the helicopters going around trying to 466 00:19:43,080 --> 00:19:44,680 Speaker 1: just get anybody to come help us. 467 00:19:58,560 --> 00:20:01,240 Speaker 3: It's taking me a minute to price says this. Okay, 468 00:20:01,480 --> 00:20:05,360 Speaker 3: So now I'm sure everybody else that's listening and scratching 469 00:20:05,400 --> 00:20:10,520 Speaker 3: their head like I am and going what Yeah, So 470 00:20:11,280 --> 00:20:14,480 Speaker 3: you didn't drown? No, thank that it was a miracle 471 00:20:15,240 --> 00:20:18,960 Speaker 3: and you you survived this ordeal and ultimately you end 472 00:20:19,080 --> 00:20:22,840 Speaker 3: up getting convicted of second degree murder, yes, sir, and 473 00:20:22,920 --> 00:20:26,480 Speaker 3: sense to life in prison. And you were twenty years 474 00:20:26,520 --> 00:20:27,160 Speaker 3: old at the time. 475 00:20:27,200 --> 00:20:28,919 Speaker 1: I was twenty when I was convicted. I was eighteen 476 00:20:28,920 --> 00:20:29,720 Speaker 1: when I was arrested. 477 00:20:29,800 --> 00:20:32,719 Speaker 3: Right, and you get sent to Angola, Yes, I mean 478 00:20:32,760 --> 00:20:35,120 Speaker 3: it's hard to say what the worst prison is in America, 479 00:20:35,320 --> 00:20:38,399 Speaker 3: but I think a lot of people who are knowledgeable 480 00:20:38,400 --> 00:20:41,720 Speaker 3: in this field would say that's that strong consideration. 481 00:20:41,880 --> 00:20:43,119 Speaker 1: Yeah, it's won't be. 482 00:20:43,600 --> 00:20:47,800 Speaker 3: Angola is a plantation in the middle of nowhere in 483 00:20:47,840 --> 00:20:52,880 Speaker 3: Louisiana which is named Angola because it originally was a 484 00:20:52,920 --> 00:20:55,760 Speaker 3: slave plantation and the slaves that worked the fields there 485 00:20:55,800 --> 00:20:59,480 Speaker 3: were from Angola, And so it certainly at the time 486 00:20:59,520 --> 00:21:02,560 Speaker 3: you were there, and I would say probably true to 487 00:21:02,600 --> 00:21:06,120 Speaker 3: this day. It still operates basically like a slave plantation. 488 00:21:06,440 --> 00:21:08,080 Speaker 1: Exactly like a slave plantation. 489 00:21:08,680 --> 00:21:13,080 Speaker 3: You know, it's so far removed from sight, and people 490 00:21:13,119 --> 00:21:13,880 Speaker 3: go there to die. 491 00:21:14,080 --> 00:21:15,440 Speaker 1: Yeah, it's its own world. 492 00:21:15,600 --> 00:21:17,000 Speaker 3: Most of the people, I think I read some of 493 00:21:17,040 --> 00:21:19,160 Speaker 3: the eighty five percent of people that go there die there. 494 00:21:19,280 --> 00:21:19,879 Speaker 1: Yeah. 495 00:21:20,280 --> 00:21:22,080 Speaker 3: So I mean you got all kinds of people we 496 00:21:22,080 --> 00:21:24,760 Speaker 3: were talking about before. They've been there. Since the seventies eighties. 497 00:21:24,720 --> 00:21:26,760 Speaker 1: You have about three average, two and a half to 498 00:21:26,840 --> 00:21:28,480 Speaker 1: three people a month die. 499 00:21:28,600 --> 00:21:31,800 Speaker 3: It ain't golden, right, and I was told that during 500 00:21:31,840 --> 00:21:35,560 Speaker 3: one particular flood, the Army Corps of Engineers came down 501 00:21:35,640 --> 00:21:38,879 Speaker 3: there and wanted to build some dams or whatever, do 502 00:21:39,000 --> 00:21:41,880 Speaker 3: some dig up some stuff, and they wouldn't let them 503 00:21:41,880 --> 00:21:43,439 Speaker 3: in because they had to move some of the bodies 504 00:21:43,440 --> 00:21:45,520 Speaker 3: that they had buried first, because they didn't want to, 505 00:21:45,560 --> 00:21:48,440 Speaker 3: you know, because those people didn't necessarily die of natural causes. 506 00:21:48,920 --> 00:21:51,719 Speaker 3: So here you are, in one of the worst places 507 00:21:51,840 --> 00:21:57,399 Speaker 3: on earth, and with basically no hope of ever going home. 508 00:21:57,600 --> 00:21:59,520 Speaker 1: One thing I can say, though, is that's one thing 509 00:21:59,560 --> 00:22:01,879 Speaker 1: I can't say. I never gave up my hope. I 510 00:22:01,920 --> 00:22:04,320 Speaker 1: never gave up my hope. I think when I was 511 00:22:04,359 --> 00:22:08,679 Speaker 1: convicted and the jury walked past me. When I was convicted, literally, 512 00:22:08,760 --> 00:22:11,080 Speaker 1: and this is in my minutes, this is in my transcripts. 513 00:22:11,400 --> 00:22:14,959 Speaker 1: I told my judge, Judge Camille Burris, I told her 514 00:22:14,960 --> 00:22:17,080 Speaker 1: I'd rather have a death penalty then spend the rest 515 00:22:17,119 --> 00:22:19,920 Speaker 1: of my life it ain't golden. And I even made 516 00:22:19,920 --> 00:22:22,520 Speaker 1: a statement, I said, Yana, all due respect, that was 517 00:22:22,560 --> 00:22:24,560 Speaker 1: exactly what I told her. I'd rather had a death penndy, 518 00:22:24,960 --> 00:22:27,199 Speaker 1: I said, I'd rather y'all kill me. They sent me 519 00:22:27,280 --> 00:22:31,480 Speaker 1: up there to wait another fifty sixty years to die. 520 00:22:31,680 --> 00:22:33,679 Speaker 1: She just put her head down and kind of, you know, 521 00:22:34,080 --> 00:22:35,560 Speaker 1: motion to the bailiff to get me out of the 522 00:22:35,560 --> 00:22:37,639 Speaker 1: court room. And they took me out of that because 523 00:22:37,680 --> 00:22:41,040 Speaker 1: I was just like, man, there's no way. And after that, 524 00:22:41,400 --> 00:22:43,879 Speaker 1: probably that first night, I was down on myself, and 525 00:22:43,920 --> 00:22:45,560 Speaker 1: then after that I was like, man, I gotta get 526 00:22:45,560 --> 00:22:49,800 Speaker 1: out of here. This is crazy, this isn't fair, but 527 00:22:50,400 --> 00:22:52,560 Speaker 1: this is my life, and I got to figure out 528 00:22:52,560 --> 00:22:53,400 Speaker 1: a way to get out of here. 529 00:22:53,560 --> 00:22:56,399 Speaker 3: You know, it's interesting you sit there and you say, well, 530 00:22:56,520 --> 00:23:00,320 Speaker 3: I had hope, but I'm getting the chill was thinking 531 00:23:00,320 --> 00:23:04,960 Speaker 3: about it. But I think most people would lose hope absolutely. 532 00:23:05,040 --> 00:23:08,040 Speaker 3: I mean, it's nobody's vouching for you at this point. Yeah, 533 00:23:08,080 --> 00:23:08,800 Speaker 3: you're on your own. 534 00:23:08,840 --> 00:23:11,880 Speaker 1: I'm on my own, man. It's it's total mental gymnastics, 535 00:23:11,920 --> 00:23:14,040 Speaker 1: because you want to have hope and you want to 536 00:23:14,080 --> 00:23:16,600 Speaker 1: believe that the right thing is going to happen and 537 00:23:16,600 --> 00:23:18,120 Speaker 1: that these people are going to realize that they made 538 00:23:18,119 --> 00:23:20,399 Speaker 1: a mistake and they're gonna realize that you're innocent. But 539 00:23:20,480 --> 00:23:24,400 Speaker 1: every day you're waking up next to guys who've been 540 00:23:24,400 --> 00:23:27,399 Speaker 1: in prison since before my mother was born, before your 541 00:23:27,440 --> 00:23:29,119 Speaker 1: mother was before my mother was born. You know, you 542 00:23:29,200 --> 00:23:32,879 Speaker 1: got guys that's been up there forty to fifty sumi years. 543 00:23:32,800 --> 00:23:35,320 Speaker 3: Right, and some of them not guilty in the first place, 544 00:23:35,320 --> 00:23:37,359 Speaker 3: and some of them, like you said, for minor crimes. 545 00:23:37,840 --> 00:23:40,879 Speaker 3: I mean in Louisiana. Some of the things, some of 546 00:23:40,920 --> 00:23:44,040 Speaker 3: the stories that you hear really just twist your mind around. 547 00:23:44,160 --> 00:23:47,840 Speaker 1: Yeah, the justice system here is just I don't even 548 00:23:47,840 --> 00:23:50,280 Speaker 1: know how to describe it. It's it's very inhuman. It's 549 00:23:50,640 --> 00:23:54,000 Speaker 1: it's all about winning and locking people up. It's not 550 00:23:54,119 --> 00:23:57,359 Speaker 1: about actual justice. It's not about finding out the truth. 551 00:23:57,720 --> 00:24:02,080 Speaker 1: There's more of a pursuit of so that people can say, look, 552 00:24:02,119 --> 00:24:04,080 Speaker 1: I punished this guy. I punished this guy. You know, 553 00:24:04,119 --> 00:24:07,239 Speaker 1: we found it, we solved it, and there's no in 554 00:24:07,280 --> 00:24:10,880 Speaker 1: my opinion, real thought to you know, it's like they 555 00:24:10,920 --> 00:24:13,080 Speaker 1: do that. They'll give a guy a life sentence and 556 00:24:13,240 --> 00:24:15,280 Speaker 1: go home in eat spaghetti like it was nothing, you know, 557 00:24:15,359 --> 00:24:17,360 Speaker 1: and not think about it. Man, maybe I really sent 558 00:24:17,400 --> 00:24:20,680 Speaker 1: the wrong person to prison for the rest of their life. 559 00:24:20,880 --> 00:24:25,200 Speaker 3: But then this is another very interesting thing about your case, 560 00:24:25,640 --> 00:24:30,840 Speaker 3: cause you ended up in a scenario where you found 561 00:24:30,840 --> 00:24:34,960 Speaker 3: a way, you found a crack, right, and talk about 562 00:24:35,000 --> 00:24:37,600 Speaker 3: that and how you ended up being here. You're sentenced 563 00:24:37,600 --> 00:24:39,119 Speaker 3: to life in prison. You're not supposed to be here 564 00:24:39,200 --> 00:24:39,440 Speaker 3: right now. 565 00:24:39,480 --> 00:24:42,160 Speaker 1: No, absolutely, I'm not. After I was convicted, I think 566 00:24:42,200 --> 00:24:45,480 Speaker 1: i've really I filed my attorney who I had. I 567 00:24:45,520 --> 00:24:48,399 Speaker 1: had another attorney who was working on my appeal. The 568 00:24:48,440 --> 00:24:51,239 Speaker 1: first thing that her and I spoke about, I told her, 569 00:24:51,280 --> 00:24:53,959 Speaker 1: I said, listen, I know you probably don't believe I'm innocent. 570 00:24:54,080 --> 00:24:56,200 Speaker 1: I don't think my last lawyer believed I was innocent. 571 00:24:56,600 --> 00:24:59,080 Speaker 1: I said, but if you listen to what I'm going 572 00:24:59,160 --> 00:25:01,439 Speaker 1: to tell you, and you help me investigate this like 573 00:25:01,480 --> 00:25:03,680 Speaker 1: it should have been investigated, I'll prove to you that 574 00:25:03,800 --> 00:25:06,359 Speaker 1: I am. And so she said, listen, it's not my 575 00:25:06,480 --> 00:25:08,280 Speaker 1: job to figure out if you're innocent or not. It's 576 00:25:08,320 --> 00:25:10,080 Speaker 1: my job to get you out. I said, all right, 577 00:25:10,080 --> 00:25:11,800 Speaker 1: that might not be your job, but it's important to 578 00:25:11,840 --> 00:25:14,919 Speaker 1: me that you know that I am. So I started 579 00:25:14,920 --> 00:25:17,040 Speaker 1: talking to people and doing my own kind of investigating 580 00:25:17,080 --> 00:25:18,560 Speaker 1: and being I guess you could call my own kind 581 00:25:18,560 --> 00:25:21,359 Speaker 1: of jailhouse lawyer and investigator, just finding out everything I 582 00:25:21,359 --> 00:25:23,720 Speaker 1: could find out about it, because there were just certain 583 00:25:23,720 --> 00:25:26,000 Speaker 1: things that didn't make sense about what the police officer said, 584 00:25:26,000 --> 00:25:29,280 Speaker 1: with my case. For one, he said that he was 585 00:25:29,359 --> 00:25:34,160 Speaker 1: there to meet up with a confidential informant. My first 586 00:25:34,160 --> 00:25:36,320 Speaker 1: thought is, why would you go there to meet up 587 00:25:36,359 --> 00:25:39,520 Speaker 1: with a confidential informant Because everything that you know about 588 00:25:39,520 --> 00:25:41,359 Speaker 1: me with a confidential informant is that you want to 589 00:25:41,440 --> 00:25:44,280 Speaker 1: keep it confidential. You don't want people around to know. 590 00:25:44,960 --> 00:25:47,280 Speaker 1: So if you're meeting with a confidential informant in an 591 00:25:47,280 --> 00:25:50,440 Speaker 1: area where there's big time heroin being sealed and there's 592 00:25:50,480 --> 00:25:52,960 Speaker 1: all kinds of people outside, if you're a copy and 593 00:25:52,920 --> 00:25:54,480 Speaker 1: gonna pull up and pick this guy up and go 594 00:25:54,520 --> 00:25:56,840 Speaker 1: sit down and have a talk, why would you go there. 595 00:25:56,880 --> 00:25:58,920 Speaker 1: Why wouldn't you meet him anywhere else in the city 596 00:25:58,960 --> 00:26:00,320 Speaker 1: that you could meet him at. Why would you go 597 00:26:00,400 --> 00:26:02,719 Speaker 1: right to the dope set and meet up with an 598 00:26:02,720 --> 00:26:05,040 Speaker 1: informant and sit down and talk. That just doesn't make sense. 599 00:26:05,640 --> 00:26:07,199 Speaker 1: So then I told my turn, I said, we need 600 00:26:07,240 --> 00:26:09,159 Speaker 1: to find out who that informant was, because that's a 601 00:26:09,200 --> 00:26:12,439 Speaker 1: potential witness. So we filed it was called the subpoena 602 00:26:12,440 --> 00:26:15,440 Speaker 1: induceers tech them get the police officer's confidence and informancist. 603 00:26:15,800 --> 00:26:19,400 Speaker 1: As soon as we filed that, they went crazy. They 604 00:26:19,440 --> 00:26:21,000 Speaker 1: did not want to turn that over. They did not 605 00:26:21,040 --> 00:26:22,440 Speaker 1: want to hand it over. I said, listen, I don't 606 00:26:22,440 --> 00:26:24,480 Speaker 1: even need to see it. I don't want to see 607 00:26:24,480 --> 00:26:26,240 Speaker 1: it for any reason. Just show it to my lawyer. 608 00:26:26,440 --> 00:26:29,400 Speaker 1: Because this is a potential witness. This is someone who 609 00:26:29,720 --> 00:26:32,160 Speaker 1: they must have been out there. Why aren't they named 610 00:26:32,160 --> 00:26:34,600 Speaker 1: in this as a witness. If this cop was sitting 611 00:26:34,640 --> 00:26:36,639 Speaker 1: out here and say he saw all so all this 612 00:26:36,680 --> 00:26:39,119 Speaker 1: stuff go on, why isn't the informant who he was 613 00:26:39,160 --> 00:26:42,000 Speaker 1: sitting out there with a witness. Also, if this cop, 614 00:26:42,000 --> 00:26:44,040 Speaker 1: we've poked holes in his story so many times, and 615 00:26:44,040 --> 00:26:45,879 Speaker 1: it's so many things about his story, it don't make sense. 616 00:26:46,000 --> 00:26:48,040 Speaker 1: He described me as a black male. The way they 617 00:26:48,080 --> 00:26:50,280 Speaker 1: made the scene was I was there when the murder happened, 618 00:26:50,520 --> 00:26:52,679 Speaker 1: almost like I sent the guys to do it. I 619 00:26:52,760 --> 00:26:54,399 Speaker 1: was out there to make sure it went right and 620 00:26:54,440 --> 00:26:56,080 Speaker 1: all this type of stuff. Because the guy was shot 621 00:26:56,119 --> 00:26:58,320 Speaker 1: with two different guns. I didn't have any gunpowder of 622 00:26:58,359 --> 00:27:00,919 Speaker 1: residues on me. There was only two guns that were found, 623 00:27:01,240 --> 00:27:03,560 Speaker 1: because that's, you know, all it was. But then there 624 00:27:03,600 --> 00:27:05,159 Speaker 1: was another thing that came up that I saw in 625 00:27:05,240 --> 00:27:08,160 Speaker 1: my police report. Because this was a shootout, I didn't 626 00:27:08,160 --> 00:27:09,720 Speaker 1: see it with my own two eyes. But from what 627 00:27:09,760 --> 00:27:12,080 Speaker 1: I've been told by my code defendant from other guys, 628 00:27:12,200 --> 00:27:14,160 Speaker 1: it was a shootout. You heard it, Yeah, you could 629 00:27:14,160 --> 00:27:18,000 Speaker 1: hear all the shots going on this guy had. He 630 00:27:18,119 --> 00:27:20,359 Speaker 1: was shot with a forty five caliber gun and a 631 00:27:20,440 --> 00:27:24,520 Speaker 1: thirty eight. All around his body exactly where he's laying, 632 00:27:25,359 --> 00:27:29,000 Speaker 1: there are nine millimeter casings all around his body. He 633 00:27:29,080 --> 00:27:31,880 Speaker 1: wasn't shot with a nine milimeter. He had a nine 634 00:27:31,880 --> 00:27:35,000 Speaker 1: milimeter that he was shooting at my codefendants with and 635 00:27:35,000 --> 00:27:37,760 Speaker 1: they were shooting at each other, and then someone else 636 00:27:37,800 --> 00:27:39,919 Speaker 1: came and was shooting at them with the assault rifle 637 00:27:40,160 --> 00:27:42,520 Speaker 1: who was one of his friends. This cop claims that 638 00:27:42,600 --> 00:27:44,440 Speaker 1: this guy never had a gun. It wasn't a shootout, 639 00:27:44,480 --> 00:27:46,840 Speaker 1: it was a hit. It was an execution, a broad 640 00:27:46,920 --> 00:27:48,800 Speaker 1: day murder, all this type of stuff that they try 641 00:27:48,840 --> 00:27:50,760 Speaker 1: and make, you know, try to tie it in the beat. 642 00:27:50,960 --> 00:27:54,199 Speaker 1: But where did these shellcasings come from? Literally, if I'm 643 00:27:54,240 --> 00:27:57,160 Speaker 1: standing here shooting the shellcass, that's where they fall around 644 00:27:57,160 --> 00:28:00,760 Speaker 1: where I'm shooting from. There's shellcass all around where he's at, 645 00:28:00,760 --> 00:28:02,440 Speaker 1: But it's not from a gun that he was shot with. 646 00:28:02,680 --> 00:28:05,320 Speaker 1: It just didn't make sense. So now we started investigating 647 00:28:05,359 --> 00:28:07,280 Speaker 1: the where the gun could have possibly been. But this 648 00:28:07,359 --> 00:28:09,000 Speaker 1: happened in the middle of the projects where there's a 649 00:28:09,000 --> 00:28:11,720 Speaker 1: bunch of people outside, and so of course nobody wants 650 00:28:11,760 --> 00:28:13,720 Speaker 1: to come to court and be the witness. But if 651 00:28:13,720 --> 00:28:15,720 Speaker 1: there's a gun laying on the ground, somebody's gonna pick 652 00:28:15,720 --> 00:28:17,680 Speaker 1: it up. I'm not just gonna leave it out there. 653 00:28:18,040 --> 00:28:19,560 Speaker 1: So this is just some of the things that didn't 654 00:28:19,560 --> 00:28:21,639 Speaker 1: make sense about my case that I think when the 655 00:28:21,640 --> 00:28:25,000 Speaker 1: attorney that high started looking into it, she started saying, Okay, 656 00:28:25,000 --> 00:28:27,160 Speaker 1: maybe there's something here, maybe this guy really is innocent. 657 00:28:27,560 --> 00:28:30,040 Speaker 1: Then he comes to my co defendant. He and I 658 00:28:30,080 --> 00:28:32,800 Speaker 1: had the severance, which means we got separate trials. He 659 00:28:32,840 --> 00:28:35,440 Speaker 1: went to trial, he was convicted. I went to trial. 660 00:28:35,480 --> 00:28:37,440 Speaker 1: I was convicted, but it was a separate times. When 661 00:28:37,480 --> 00:28:39,920 Speaker 1: he found out I had been convicted, he sent a 662 00:28:40,000 --> 00:28:42,720 Speaker 1: letter to my mother, who turned it over to my 663 00:28:42,800 --> 00:28:46,200 Speaker 1: attorney and told her that, you know, listen, I just 664 00:28:46,240 --> 00:28:48,360 Speaker 1: don't feel right with this. Dang. He didn't have anything 665 00:28:48,360 --> 00:28:50,200 Speaker 1: to do with this. He wasn't even there when it happened. 666 00:28:50,240 --> 00:28:51,880 Speaker 1: He didn't even know me and this guy with beef, 667 00:28:51,880 --> 00:28:53,480 Speaker 1: and he had no idea any of this could have 668 00:28:53,480 --> 00:28:56,240 Speaker 1: went on. He's literally just was in the wrong place 669 00:28:56,280 --> 00:28:58,719 Speaker 1: at the wrong time. I can't live with imagining him 670 00:28:58,760 --> 00:29:00,640 Speaker 1: doing the rest of his life in prison and knowing 671 00:29:00,640 --> 00:29:02,320 Speaker 1: that he didn't even have anything to do with this. 672 00:29:03,080 --> 00:29:05,680 Speaker 1: So my attorney presents it to the judge they called 673 00:29:05,680 --> 00:29:08,240 Speaker 1: my co defendant, and he gets on the stand, testifies, 674 00:29:08,280 --> 00:29:10,000 Speaker 1: tells him exactly what I just said, that I didn't 675 00:29:10,040 --> 00:29:11,600 Speaker 1: have anything to do with it. It was him and 676 00:29:11,600 --> 00:29:13,600 Speaker 1: the other guy that got into a shootout with the guy. 677 00:29:14,080 --> 00:29:16,840 Speaker 1: I didn't know that they were even beefing with this 678 00:29:16,920 --> 00:29:18,840 Speaker 1: guy more or less because I had just literally I 679 00:29:18,920 --> 00:29:20,760 Speaker 1: was with another friend and he walked up to me 680 00:29:21,040 --> 00:29:22,680 Speaker 1: and then just like, oh, you're going that way, let 681 00:29:22,680 --> 00:29:24,600 Speaker 1: me get a ride. I'm not thinking anything of it. 682 00:29:24,800 --> 00:29:26,720 Speaker 1: I always you know, I've been giving everybody a ride. 683 00:29:26,720 --> 00:29:30,000 Speaker 1: You know. I just bought my first call. So he 684 00:29:30,120 --> 00:29:33,880 Speaker 1: testifies to that judge orders me a new trial. She 685 00:29:34,000 --> 00:29:36,960 Speaker 1: vacates my conviction, orders me a new trial because she 686 00:29:37,040 --> 00:29:39,800 Speaker 1: presided over my case. You know, And this is a judge, 687 00:29:39,960 --> 00:29:42,160 Speaker 1: and Camille burrys, you can do the research. She doesn't 688 00:29:42,200 --> 00:29:45,640 Speaker 1: overturn convictions. If a jerry finds you guilty, you got 689 00:29:45,640 --> 00:29:47,280 Speaker 1: to take that up with the appellate court. She is 690 00:29:47,320 --> 00:29:50,920 Speaker 1: not big on granted post conviction relief. She's very conservative. 691 00:29:51,320 --> 00:29:53,640 Speaker 1: I have nothing negative to say about her, but she's 692 00:29:53,680 --> 00:29:58,240 Speaker 1: a very conservative judge, and she takes jury convictions very seriously. 693 00:29:59,040 --> 00:30:02,240 Speaker 1: She vacates my com the district attorney at the time 694 00:30:02,520 --> 00:30:06,000 Speaker 1: appeals it to the appellate court. The appellate court overturns 695 00:30:06,000 --> 00:30:08,640 Speaker 1: her and reinstates my conviction. So now I went from 696 00:30:08,840 --> 00:30:12,400 Speaker 1: life sentence, no life sentence, life sentence again. So you 697 00:30:12,440 --> 00:30:15,320 Speaker 1: want to talk about mental gymnastics and trying to keep 698 00:30:15,360 --> 00:30:17,960 Speaker 1: your mind right, you know, trying to stay focused. I'm 699 00:30:18,040 --> 00:30:20,840 Speaker 1: literally being twisted and pulled upside down. I got my 700 00:30:20,920 --> 00:30:23,560 Speaker 1: hopes up. Now my conviction's been overturned. It looks like 701 00:30:23,560 --> 00:30:25,120 Speaker 1: I'm going home. He came in there and told him 702 00:30:25,160 --> 00:30:27,040 Speaker 1: it was him. It wasn't me. I got to be 703 00:30:27,080 --> 00:30:31,960 Speaker 1: about to go home now, right, Yeah. No, No, they 704 00:30:32,000 --> 00:30:33,720 Speaker 1: overturned it. They say I should have got him to 705 00:30:33,760 --> 00:30:36,320 Speaker 1: testify before I went to trial or at my trial. 706 00:30:36,320 --> 00:30:39,800 Speaker 1: I didn't practice due diligence, so therefore it doesn't count. 707 00:30:40,960 --> 00:30:42,880 Speaker 3: Right. That's sort of like how there used to be 708 00:30:42,960 --> 00:30:45,080 Speaker 3: these laws. Like in Virginia, there was a twenty one 709 00:30:45,160 --> 00:30:47,680 Speaker 3: day rule, you know by that, whichpecially meant that after 710 00:30:47,720 --> 00:30:50,520 Speaker 3: twenty two days, if the dead guy walked in the 711 00:30:50,560 --> 00:30:52,800 Speaker 3: courtroom and was like, hey, wait a minute, you guys 712 00:30:52,800 --> 00:30:56,360 Speaker 3: made a mistake. I'm still alive, didn't matter because you're 713 00:30:56,400 --> 00:30:58,880 Speaker 3: too late. So that's basically what they were saying. They 714 00:30:59,000 --> 00:31:02,280 Speaker 3: wanted you to be basically Clarence Darrow, you know, and 715 00:31:02,360 --> 00:31:05,920 Speaker 3: Colombo mixed up in one and produce a witness before 716 00:31:05,960 --> 00:31:08,000 Speaker 3: the trial when he was still hoping that he was 717 00:31:08,000 --> 00:31:08,800 Speaker 3: going to exact it. 718 00:31:08,840 --> 00:31:11,000 Speaker 1: I mean, who can he's hoping that he's going to 719 00:31:11,040 --> 00:31:12,880 Speaker 1: get out too. How How am I going to know 720 00:31:13,280 --> 00:31:15,440 Speaker 1: that he's going to testify and get up there and 721 00:31:15,440 --> 00:31:17,000 Speaker 1: tell them I didn't have anything to do with it. 722 00:31:17,160 --> 00:31:20,320 Speaker 1: I mean, what what what co defendant? That doesn't happen 723 00:31:20,400 --> 00:31:22,920 Speaker 1: very often. It was me, it wasn't him. Yeah, especially 724 00:31:22,920 --> 00:31:25,040 Speaker 1: when it's the rest of his life in prison exact 725 00:31:25,080 --> 00:31:27,440 Speaker 1: that he's facing for saying that exactly. 726 00:31:27,480 --> 00:31:30,240 Speaker 3: I mean, friends are friends. But that's that's a little much, right, 727 00:31:30,560 --> 00:31:34,880 Speaker 3: So on a technicality, they said to you, we don't 728 00:31:34,920 --> 00:31:35,720 Speaker 3: really give a fuck. 729 00:31:35,880 --> 00:31:38,720 Speaker 1: Yeah, go spend the rest of your life in prison anyway. 730 00:31:38,640 --> 00:31:41,480 Speaker 3: And next time this happens to you, make sure you 731 00:31:41,520 --> 00:31:43,720 Speaker 3: get to us a little bit earlier. Yeah, basically, right, 732 00:31:43,760 --> 00:31:46,160 Speaker 3: So now you got that, So then what happens so 733 00:31:46,480 --> 00:31:47,080 Speaker 3: because you're here? 734 00:31:47,280 --> 00:31:51,040 Speaker 1: Yeah, yeah, yeah, So I appealed it to the Supreme Court. 735 00:31:51,120 --> 00:31:54,000 Speaker 1: The Supreme Court deniy me, so my conviction is reinstated. 736 00:31:54,400 --> 00:31:57,000 Speaker 1: So this is the craziest story I'm about to tell you, Jason. 737 00:31:57,040 --> 00:31:58,800 Speaker 1: And I don't know if you're a spiritual person. I 738 00:31:58,800 --> 00:32:02,000 Speaker 1: don't know if anybody listening is spiritual person. But this is, 739 00:32:02,200 --> 00:32:06,200 Speaker 1: honest to God, exactly what happened. And the tattoo on 740 00:32:06,240 --> 00:32:08,400 Speaker 1: my right arm right here that you're looking at Code 741 00:32:08,400 --> 00:32:11,280 Speaker 1: of Criminal Procedure Article eight fifty one point five with 742 00:32:11,400 --> 00:32:14,040 Speaker 1: the angel wings, that's my angel. That was my sent 743 00:32:14,080 --> 00:32:16,680 Speaker 1: from God right there. I'm in prison. I'm in the 744 00:32:16,720 --> 00:32:19,080 Speaker 1: whole for a knife fight. I had a fight with 745 00:32:19,120 --> 00:32:21,000 Speaker 1: a guy. He pulled a knife out on man stab me. 746 00:32:21,440 --> 00:32:23,720 Speaker 1: So I'm in the hole in a cell by myself. 747 00:32:24,720 --> 00:32:28,200 Speaker 1: Get the letter from the Supreme Court saying that basically 748 00:32:28,400 --> 00:32:31,560 Speaker 1: you're fucked. We've reviewed it. We felt that the appellate 749 00:32:31,600 --> 00:32:34,040 Speaker 1: Court made the right decision. You didn't practice due diligence. 750 00:32:34,360 --> 00:32:36,800 Speaker 1: Your convictions reinstated. You got to go spend the rest 751 00:32:36,840 --> 00:32:38,880 Speaker 1: of your life in prison. That's basically what they told 752 00:32:38,920 --> 00:32:41,800 Speaker 1: me upon getting that letter. I'm in the whole. I 753 00:32:41,840 --> 00:32:44,200 Speaker 1: have nothing. I have no books, i have no none 754 00:32:44,240 --> 00:32:46,480 Speaker 1: of my legal work with me. I'm just in there, 755 00:32:46,520 --> 00:32:49,440 Speaker 1: basically with myself and in a cell. And I got 756 00:32:49,440 --> 00:32:53,560 Speaker 1: down on my knees and I started praying, and I said, God, 757 00:32:53,760 --> 00:32:55,240 Speaker 1: I don't know what you're trying to get out of me. 758 00:32:55,600 --> 00:32:57,280 Speaker 1: I don't know if you're real, I don't know if 759 00:32:57,280 --> 00:33:00,360 Speaker 1: you're listening to me. I don't know anything. All I 760 00:33:00,400 --> 00:33:02,560 Speaker 1: know is I don't know how much longer I can 761 00:33:02,640 --> 00:33:05,280 Speaker 1: make it like this because I did everything I could do. 762 00:33:05,920 --> 00:33:08,200 Speaker 1: You know, my heart, you know I didn't do this. 763 00:33:08,280 --> 00:33:09,840 Speaker 1: You knew I didn't have anything to do with this. 764 00:33:10,920 --> 00:33:14,320 Speaker 1: I need some help, please. As I'm on my knees 765 00:33:14,360 --> 00:33:16,959 Speaker 1: praying that I had read this auto called the law before. 766 00:33:17,440 --> 00:33:18,840 Speaker 1: Just you know, when you're in jail, that's one of 767 00:33:18,840 --> 00:33:20,320 Speaker 1: the things you do, especially when you're trying to work 768 00:33:20,320 --> 00:33:21,800 Speaker 1: on your case. You read all kinds of stuff in 769 00:33:21,840 --> 00:33:23,600 Speaker 1: the law and stuff like that. But I didn't have 770 00:33:23,640 --> 00:33:25,840 Speaker 1: a law book in front of me. But for some reason, 771 00:33:25,840 --> 00:33:28,920 Speaker 1: this just just kept replaying in my mind over and 772 00:33:28,960 --> 00:33:31,360 Speaker 1: over again. And I'm not trying to sound like because 773 00:33:31,400 --> 00:33:34,800 Speaker 1: I'm not some super holy religious person anything like that. 774 00:33:34,880 --> 00:33:37,920 Speaker 1: I believe in God. I believe in spiritual life and stuff, 775 00:33:37,960 --> 00:33:40,600 Speaker 1: but man, I'm, you know, far from a preacher anything 776 00:33:40,680 --> 00:33:42,480 Speaker 1: like that. But I'm telling you, I believe in my 777 00:33:42,560 --> 00:33:45,000 Speaker 1: whole heart that was God speaking to me in my 778 00:33:45,080 --> 00:33:47,920 Speaker 1: head about this allticulored law right here. So I go 779 00:33:48,000 --> 00:33:50,040 Speaker 1: to court for my hearing to put everything on the 780 00:33:50,080 --> 00:33:53,160 Speaker 1: record to state, you know, basically on the record with 781 00:33:53,240 --> 00:33:55,400 Speaker 1: the Supreme Court had said, and they're ruling and they're 782 00:33:55,400 --> 00:33:57,200 Speaker 1: going to reinstate my conviction and send me back to 783 00:33:57,240 --> 00:33:59,600 Speaker 1: Angola for the rest of my life. As I go 784 00:33:59,640 --> 00:34:02,280 Speaker 1: in there, my attorney I bring it up to her. 785 00:34:02,320 --> 00:34:04,360 Speaker 1: I said, you know, are you familiar with Cote of 786 00:34:04,400 --> 00:34:07,840 Speaker 1: Criminal Procedure Article eight fifty one five And she's like, no, 787 00:34:07,920 --> 00:34:09,600 Speaker 1: not really. And this is a woman who's been an 788 00:34:09,640 --> 00:34:11,880 Speaker 1: attorney for over twenty five years. At the time, she 789 00:34:12,000 --> 00:34:14,920 Speaker 1: was not only an assistant district attorney who prosecuted people. 790 00:34:15,120 --> 00:34:17,920 Speaker 1: Then she went and she was an attorney, a defense attorney, 791 00:34:18,080 --> 00:34:20,880 Speaker 1: worked all kind of federal cases. Lourd White's she's now 792 00:34:20,960 --> 00:34:23,840 Speaker 1: chief judge of criminal court. She knows as shit. She 793 00:34:23,960 --> 00:34:28,200 Speaker 1: knows the law right, She wasn't familiar with it. She said, 794 00:34:28,200 --> 00:34:29,040 Speaker 1: tell me what it says. 795 00:34:29,080 --> 00:34:32,480 Speaker 3: And your education at this point was what eighth grade. 796 00:34:32,520 --> 00:34:37,120 Speaker 3: I had a ged okay, okay, bring it to that. 797 00:34:37,280 --> 00:34:40,280 Speaker 1: Yeah. I bring it to her, and she's like, well, 798 00:34:40,400 --> 00:34:42,839 Speaker 1: I mean all she could do is say, I mean what, 799 00:34:43,320 --> 00:34:45,040 Speaker 1: they're going to give your life anyway, there's nothing else 800 00:34:45,080 --> 00:34:46,880 Speaker 1: they can do. We might as well try it. So 801 00:34:46,920 --> 00:34:48,279 Speaker 1: I said, yeah, just go up to her and talk 802 00:34:48,320 --> 00:34:50,879 Speaker 1: to her and see what she'll do. So she has 803 00:34:50,920 --> 00:34:52,920 Speaker 1: to tell the assistant district attorney that she's going to 804 00:34:53,000 --> 00:34:55,400 Speaker 1: go to the judge and ask for continuing so that 805 00:34:55,440 --> 00:34:58,040 Speaker 1: she can file a formal motion based upon this order 806 00:34:58,080 --> 00:35:01,720 Speaker 1: called the law. The prosecutor at the turns and looks 807 00:35:01,760 --> 00:35:04,399 Speaker 1: at me when she says it. She turned it and looked 808 00:35:04,400 --> 00:35:06,840 Speaker 1: at me in my face and started laughing in my face, 809 00:35:07,440 --> 00:35:09,520 Speaker 1: basically trying to make me feel like, you idiot, What 810 00:35:09,560 --> 00:35:11,640 Speaker 1: do you know about the law? You know, because I 811 00:35:11,640 --> 00:35:13,239 Speaker 1: guess she had told you, my client wants me to 812 00:35:13,320 --> 00:35:15,520 Speaker 1: raise this issue. What whatever. She goes up there, talks 813 00:35:15,520 --> 00:35:17,000 Speaker 1: to the judge to judge says, you know what, I 814 00:35:17,040 --> 00:35:20,480 Speaker 1: want to hear more about that that sounds intriguing. Grants 815 00:35:20,520 --> 00:35:24,200 Speaker 1: me a continuance. We filed emotion. The state opposers at YadA, YadA, YadA. 816 00:35:24,200 --> 00:35:26,960 Speaker 1: We go back, we rule, she grants me another neutrial. 817 00:35:27,960 --> 00:35:30,399 Speaker 1: A judge who I can't name, one other person she's 818 00:35:30,400 --> 00:35:33,080 Speaker 1: granted a new trial for grants me a second neutrial, 819 00:35:33,120 --> 00:35:35,759 Speaker 1: this time based upon this order called a law right here. 820 00:35:36,400 --> 00:35:38,319 Speaker 1: So now, as bad as I want to get my 821 00:35:38,400 --> 00:35:41,640 Speaker 1: hopes up, like okay, this might really be it, I'm thinking, 822 00:35:41,680 --> 00:35:43,480 Speaker 1: you know what, I went through this before and the 823 00:35:43,800 --> 00:35:46,520 Speaker 1: appellate court shot me down and they reinstated it. Let 824 00:35:46,600 --> 00:35:48,560 Speaker 1: me see how this is going to play out. Goes 825 00:35:48,600 --> 00:35:50,920 Speaker 1: back in front the same Fourth Circuit Court of Appeals. 826 00:35:51,200 --> 00:35:55,080 Speaker 1: What happens. They uphold it, They say, yes, you have 827 00:35:55,160 --> 00:35:57,440 Speaker 1: to give them a new trial. They appeal it to 828 00:35:57,480 --> 00:36:00,120 Speaker 1: the same Supreme Court that upheld it before and that 829 00:36:00,160 --> 00:36:02,520 Speaker 1: I had to go do life. The Supreme Court comes 830 00:36:02,560 --> 00:36:05,120 Speaker 1: back and says, we uphold it, you have to grant 831 00:36:05,160 --> 00:36:08,359 Speaker 1: them a new trial. So they finally grant me a 832 00:36:08,400 --> 00:36:11,160 Speaker 1: new trial. So I get a new trial, and I'm thinking, 833 00:36:11,160 --> 00:36:13,120 Speaker 1: all right, this is it. You know, I got a 834 00:36:13,160 --> 00:36:16,560 Speaker 1: new trial. My co defendant confessed, said I didn't have 835 00:36:16,600 --> 00:36:18,440 Speaker 1: anything to do with it. They gotta be about to 836 00:36:18,520 --> 00:36:20,680 Speaker 1: let me go home now, right. This is two thousand 837 00:36:20,680 --> 00:36:21,000 Speaker 1: and eight. 838 00:36:21,200 --> 00:36:22,560 Speaker 3: By the way, people that listened to the show, No, 839 00:36:22,640 --> 00:36:24,560 Speaker 3: I've never he this quiet for this long. But I'm 840 00:36:24,600 --> 00:36:27,400 Speaker 3: just sitting here like my eyes blazed over, like the 841 00:36:27,680 --> 00:36:29,440 Speaker 3: yeah story is this? 842 00:36:29,560 --> 00:36:31,799 Speaker 1: Yeah yeah yeah, so and you can read about this. 843 00:36:31,800 --> 00:36:34,120 Speaker 1: This is fact. This is on my docketmaster. You can 844 00:36:34,160 --> 00:36:37,360 Speaker 1: read about this. So they changed the prosecutors on my 845 00:36:37,440 --> 00:36:40,000 Speaker 1: case because that's what they do every so often. So 846 00:36:40,080 --> 00:36:43,040 Speaker 1: I get two new prosecutors on my case, one of 847 00:36:43,080 --> 00:36:46,080 Speaker 1: whom as I'm in one of my hearings, because they 848 00:36:46,160 --> 00:36:47,719 Speaker 1: saying they're gonna take me to trial again. This is 849 00:36:47,760 --> 00:36:49,959 Speaker 1: after my appeal has been granted. I get a new trial. 850 00:36:50,120 --> 00:36:52,359 Speaker 1: They still won't just drop it. They saying they have 851 00:36:52,480 --> 00:36:54,080 Speaker 1: you know, they might bring me to trial. They deciding 852 00:36:54,120 --> 00:36:55,520 Speaker 1: what they're going to do. So I'm sitting in prison 853 00:36:55,600 --> 00:36:58,799 Speaker 1: all this time waiting. She goes to my mother and 854 00:36:58,880 --> 00:37:02,279 Speaker 1: tells my mother, ma'am, I know you've been through a 855 00:37:02,280 --> 00:37:05,080 Speaker 1: lot with this. We're gonna drop it. The worst thing 856 00:37:05,120 --> 00:37:06,839 Speaker 1: might happen is we're gonna give him credit for time 857 00:37:06,880 --> 00:37:08,600 Speaker 1: serve and he plead to all lesser charge and will 858 00:37:08,680 --> 00:37:12,120 Speaker 1: let him out. Tells that to my mother, the district attorney, 859 00:37:12,160 --> 00:37:14,560 Speaker 1: not my lawyer or not someone who works for the state. 860 00:37:14,719 --> 00:37:16,920 Speaker 1: The lady who's prosecuting me, goes and tells that to 861 00:37:17,000 --> 00:37:19,279 Speaker 1: my mother. This is in September two thousand and eight, 862 00:37:19,320 --> 00:37:21,000 Speaker 1: when I'm about to go to court. So I'm like, 863 00:37:21,280 --> 00:37:23,120 Speaker 1: this is it. You know, I'm gone. I'm about to 864 00:37:23,160 --> 00:37:25,640 Speaker 1: get out the day before I'm about to go to 865 00:37:25,680 --> 00:37:28,919 Speaker 1: court for that. I'm on my tier in my cell 866 00:37:29,160 --> 00:37:31,439 Speaker 1: right at the time, I was called a tear rep 867 00:37:31,440 --> 00:37:33,759 Speaker 1: in a prison, which is basically I'm in charge of, 868 00:37:33,960 --> 00:37:36,080 Speaker 1: you know, stuff on a tier, making sure everything goes right. 869 00:37:36,560 --> 00:37:38,600 Speaker 1: They had two officers that came down there. They had 870 00:37:38,600 --> 00:37:41,200 Speaker 1: a guy that yelled something out the gate. And I 871 00:37:41,239 --> 00:37:42,840 Speaker 1: had been talking to one of the officers because he 872 00:37:42,920 --> 00:37:45,000 Speaker 1: used to work in my court section, and He's asking 873 00:37:45,000 --> 00:37:47,000 Speaker 1: me what's going on my case, and so I'm telling 874 00:37:47,080 --> 00:37:48,440 Speaker 1: him like, yeah, man, I'm about to get out. I 875 00:37:48,480 --> 00:37:50,080 Speaker 1: go to court tomorrow. They saying they're gonna drop and 876 00:37:50,080 --> 00:37:52,920 Speaker 1: give me credit for time serve. I'm about to go home. Well, 877 00:37:52,920 --> 00:37:55,759 Speaker 1: the other officer hears him saying that. He comes over 878 00:37:55,760 --> 00:37:58,040 Speaker 1: there and calls me to come back there. Ask me 879 00:37:58,080 --> 00:38:00,759 Speaker 1: who was the guy who just yells I, man, I 880 00:38:00,760 --> 00:38:02,440 Speaker 1: don't know. You know, you don't tell on people. You know, 881 00:38:02,480 --> 00:38:04,480 Speaker 1: that's that's just a rule. It's just you know, you're 882 00:38:04,520 --> 00:38:07,000 Speaker 1: not supposed to tell on another man. So he takes 883 00:38:07,040 --> 00:38:09,120 Speaker 1: me out. They bring me in a closet and lock 884 00:38:09,200 --> 00:38:11,640 Speaker 1: me in there, beat the dog shit out of me. 885 00:38:12,800 --> 00:38:15,040 Speaker 1: Says I know you're supposed to go home tomorrow. I 886 00:38:15,080 --> 00:38:16,719 Speaker 1: want you to hit me back so I can rebook you. 887 00:38:16,760 --> 00:38:18,919 Speaker 1: I'm gonna make sure you're never go home. In my mind, 888 00:38:19,080 --> 00:38:21,120 Speaker 1: I'm feeling like this is my test. I'm like, you 889 00:38:21,160 --> 00:38:23,680 Speaker 1: know what I said, I don't even want to hit 890 00:38:23,719 --> 00:38:25,520 Speaker 1: you. You're not even worth it. I said, you don't even 891 00:38:25,560 --> 00:38:27,600 Speaker 1: hit hard enough to make me hit you. All I 892 00:38:27,640 --> 00:38:29,239 Speaker 1: want is my freedom. I don't care what you do 893 00:38:29,320 --> 00:38:32,719 Speaker 1: to me. I'm going home tomorrow. Beat the dog shit 894 00:38:32,719 --> 00:38:34,279 Speaker 1: out of me. It's in my medical you know, they 895 00:38:34,280 --> 00:38:36,279 Speaker 1: send me to medical or whatever. I didn't have any 896 00:38:36,320 --> 00:38:37,920 Speaker 1: right up. I didn't even do anything wrong. They just 897 00:38:37,920 --> 00:38:39,319 Speaker 1: did it because they thought I was about to get out, 898 00:38:39,320 --> 00:38:41,160 Speaker 1: and they were trying to get me to get another charge. 899 00:38:41,440 --> 00:38:44,520 Speaker 1: I go to court the next day. They changed prosecutors again, 900 00:38:45,040 --> 00:38:46,920 Speaker 1: and this time the one that comes on my case says, 901 00:38:46,960 --> 00:38:50,080 Speaker 1: no deals, We're taking them to trial again. So now 902 00:38:50,920 --> 00:38:54,600 Speaker 1: I got my hopes up again. This is September two 903 00:38:54,600 --> 00:38:58,960 Speaker 1: thousand and eight, and now I'm just like but I'm like, 904 00:38:59,120 --> 00:39:01,160 Speaker 1: I can't give up because I feel like, I know 905 00:39:01,280 --> 00:39:04,319 Speaker 1: this conviction didn't get overturned for nothing. So in my mind, 906 00:39:04,360 --> 00:39:05,960 Speaker 1: I'm like, all right, well we're gonna go to trialing 907 00:39:06,200 --> 00:39:09,120 Speaker 1: and I'm gonna call my code defendant and understand this 908 00:39:09,239 --> 00:39:11,880 Speaker 1: time he's gonna come testifying front the jury. And they 909 00:39:11,920 --> 00:39:14,480 Speaker 1: got this same police officer who's saying he's gonna, you know, 910 00:39:14,520 --> 00:39:17,799 Speaker 1: he's gonna testify and say what he saw. So I'm 911 00:39:17,840 --> 00:39:19,880 Speaker 1: getting ready preparations to go to trial again. I was 912 00:39:19,880 --> 00:39:22,120 Speaker 1: supposed to go to trial November of two thousand and eight. 913 00:39:22,760 --> 00:39:25,799 Speaker 1: Two days before I'm supposed to go to trial, I 914 00:39:25,840 --> 00:39:31,680 Speaker 1: have a meet with my attorney. She's literally in tears 915 00:39:32,680 --> 00:39:36,520 Speaker 1: begging me to take a plea Barkin, and I'm telling him, 916 00:39:36,640 --> 00:39:38,440 Speaker 1: you know, man, I just I just I don't want 917 00:39:38,440 --> 00:39:39,959 Speaker 1: to give up. You know, I feel like we fought 918 00:39:40,000 --> 00:39:42,160 Speaker 1: all this, you know, we got it going. I'm innocent. 919 00:39:42,239 --> 00:39:44,200 Speaker 1: She's like, I know you're an innocent thing. She's like, 920 00:39:44,280 --> 00:39:46,719 Speaker 1: but I'm telling you right now it's your word and 921 00:39:46,760 --> 00:39:49,200 Speaker 1: your friend's word against a cop, and I don't believe 922 00:39:49,200 --> 00:39:51,480 Speaker 1: that they're gonna believe y'all. She's like, listen, I've been 923 00:39:51,480 --> 00:39:54,000 Speaker 1: doing this a long time. She's like, I'm just telling you. 924 00:39:54,719 --> 00:39:56,600 Speaker 1: It's a gut instinct. I have them. She's like, if 925 00:39:56,640 --> 00:39:58,600 Speaker 1: you go to trial again, I think you're gonna get 926 00:39:58,600 --> 00:40:00,799 Speaker 1: convicted again. She's like, you need to take this plea. 927 00:40:00,880 --> 00:40:03,520 Speaker 1: Please take this plea. So I thought about it. I 928 00:40:03,520 --> 00:40:05,120 Speaker 1: thought he about it. I fought with it. I said, 929 00:40:05,120 --> 00:40:07,920 Speaker 1: all right, I take the plea. The plea bargain they 930 00:40:07,960 --> 00:40:11,120 Speaker 1: offered me was I plead guilty to manslaughter. Right. They 931 00:40:11,120 --> 00:40:13,799 Speaker 1: put a cap on it at fifteen years, and leave 932 00:40:13,800 --> 00:40:16,640 Speaker 1: it up to my judge to sentence me to say, 933 00:40:16,680 --> 00:40:19,399 Speaker 1: you know what she's gonna sentence me to. They're gonna 934 00:40:19,400 --> 00:40:22,320 Speaker 1: do a pre sentenced investigation, you know, look into my background, 935 00:40:22,360 --> 00:40:24,480 Speaker 1: looking to my housing, you know, talk to me. The 936 00:40:24,640 --> 00:40:26,839 Speaker 1: probation people, come talk to me all this and leave 937 00:40:26,840 --> 00:40:28,359 Speaker 1: it up to the judge who's giving me two new 938 00:40:28,360 --> 00:40:30,920 Speaker 1: trials on what she's gonna give me. So I'm thinking, okay, 939 00:40:31,280 --> 00:40:32,960 Speaker 1: you know I should be all right, I should at 940 00:40:33,040 --> 00:40:37,319 Speaker 1: least get out on this right go to court. When 941 00:40:37,320 --> 00:40:39,600 Speaker 1: I go to court from my sentence and they have 942 00:40:39,680 --> 00:40:41,680 Speaker 1: a man in there who they're saying, is that the 943 00:40:41,719 --> 00:40:43,680 Speaker 1: guy who was killed? They're saying it was his father. 944 00:40:44,480 --> 00:40:46,279 Speaker 1: I'm gonna tell you about this. This is crazy. I 945 00:40:46,320 --> 00:40:48,439 Speaker 1: still to this day don't believe this was this guy's dad. 946 00:40:49,280 --> 00:40:50,040 Speaker 3: Actor. 947 00:40:50,239 --> 00:40:53,000 Speaker 1: Yeah, they don't have the same name. I don't even 948 00:40:53,000 --> 00:40:54,600 Speaker 1: believe he could tell you what the guy looks like. 949 00:40:54,920 --> 00:40:56,960 Speaker 1: They put him on the stand. He gets up there 950 00:40:57,000 --> 00:40:59,479 Speaker 1: and says, I've had two heart attacks and a stroke 951 00:40:59,520 --> 00:41:01,960 Speaker 1: since my un died. The family can't get over it. 952 00:41:01,960 --> 00:41:05,240 Speaker 1: We're so hurt, heartbroken. He needs to be in prison 953 00:41:05,280 --> 00:41:07,080 Speaker 1: for the rest of his life. Why are y'all considering 954 00:41:07,160 --> 00:41:07,759 Speaker 1: letting him out? 955 00:41:08,120 --> 00:41:12,360 Speaker 3: He didn't say, we really miss a convicted murdering major 956 00:41:12,400 --> 00:41:13,360 Speaker 3: heroin dealing. 957 00:41:14,360 --> 00:41:15,480 Speaker 1: Yeah, so check this out. 958 00:41:17,000 --> 00:41:18,920 Speaker 3: He say that he made it sound like it was 959 00:41:18,960 --> 00:41:20,200 Speaker 3: a choir boy exactly. 960 00:41:20,800 --> 00:41:24,319 Speaker 1: So my attorney says, well, sir, all due respect to 961 00:41:24,360 --> 00:41:26,600 Speaker 1: you and your family. All due respect to what y'all lost. 962 00:41:26,640 --> 00:41:30,360 Speaker 1: Your son was convicted of manslaughter. Also, he served six years. 963 00:41:31,400 --> 00:41:33,800 Speaker 1: You felt like that was an adequate sentence for him. 964 00:41:34,120 --> 00:41:36,319 Speaker 1: Why are you so opposed to this man getting the 965 00:41:36,360 --> 00:41:38,680 Speaker 1: same amount of time for the time that your son 966 00:41:38,719 --> 00:41:41,000 Speaker 1: did for the same crime. My son's never been in 967 00:41:41,080 --> 00:41:44,200 Speaker 1: jail before in his life. Everybody looks, even the DA 968 00:41:44,320 --> 00:41:47,920 Speaker 1: looks like they're like, oh shit, we're busted. My son's 969 00:41:47,920 --> 00:41:49,359 Speaker 1: never been in jail before. I don't know what y'all 970 00:41:49,400 --> 00:41:51,440 Speaker 1: talking about. You don't know your son was in prison 971 00:41:51,480 --> 00:41:53,840 Speaker 1: for six years. You don't know your son was arrested 972 00:41:53,840 --> 00:41:56,520 Speaker 1: for murder. Do you know who they even talking about 973 00:41:56,600 --> 00:41:58,279 Speaker 1: right now? Who the fuck are you, dude? What are 974 00:41:58,320 --> 00:42:00,879 Speaker 1: you even doing here? So the judge gets mad, She says, 975 00:42:00,880 --> 00:42:02,040 Speaker 1: you know what, We're not going to go through this 976 00:42:02,080 --> 00:42:04,920 Speaker 1: line of question. You're badgering this witness. They stayed objects 977 00:42:04,920 --> 00:42:06,960 Speaker 1: to it. They say, you don't have to answer that, sir, 978 00:42:07,239 --> 00:42:09,400 Speaker 1: and he's adamant. My son was never in jail. My 979 00:42:09,480 --> 00:42:12,640 Speaker 1: son was never in jail. It was some crackhead looking 980 00:42:12,680 --> 00:42:14,480 Speaker 1: dude off the street. I don't know if they told 981 00:42:14,560 --> 00:42:17,160 Speaker 1: him that I killed his son and it was somebody else. 982 00:42:17,160 --> 00:42:18,360 Speaker 1: I don't know if he was just an actor. I 983 00:42:18,400 --> 00:42:20,400 Speaker 1: don't know what the story was, but this didn't make 984 00:42:20,400 --> 00:42:25,520 Speaker 1: any fucking sense. Wow, he gets off the stand. The 985 00:42:25,600 --> 00:42:29,600 Speaker 1: judge's mad. She gives me fifteen years. So now, even 986 00:42:29,600 --> 00:42:32,319 Speaker 1: the parole officer who came and talked to me, who 987 00:42:32,600 --> 00:42:35,840 Speaker 1: did the pre sense investigation, told me his recommendation was 988 00:42:35,880 --> 00:42:37,920 Speaker 1: no more than ten years, but he didn't feel like 989 00:42:37,960 --> 00:42:40,040 Speaker 1: it was necessary to keep me in any longer. He 990 00:42:40,040 --> 00:42:42,040 Speaker 1: wouldn't have a problem with me getting credit for Tom 991 00:42:42,080 --> 00:42:46,120 Speaker 1: sertin getting out. Not only did she disregard that, Now 992 00:42:46,120 --> 00:42:48,640 Speaker 1: I gotta go through another seven years in prison before 993 00:42:48,680 --> 00:42:49,160 Speaker 1: I can get. 994 00:42:49,040 --> 00:42:53,520 Speaker 3: Out this story, ladies and gentlemen, his I don't even 995 00:42:53,560 --> 00:42:54,200 Speaker 3: know what to say. 996 00:42:54,640 --> 00:43:08,759 Speaker 4: I don't have the right words. You know. 997 00:43:08,840 --> 00:43:12,359 Speaker 3: One of the reasons that I really wanted to have 998 00:43:12,440 --> 00:43:16,000 Speaker 3: you on the show is that we are in the 999 00:43:16,040 --> 00:43:19,440 Speaker 3: midst of a lot of different crises in the criminal 1000 00:43:19,560 --> 00:43:22,799 Speaker 3: justice system in America right now, but one of them 1001 00:43:22,840 --> 00:43:27,000 Speaker 3: is something called the guilty plea problem. And people don't 1002 00:43:27,040 --> 00:43:31,080 Speaker 3: realize that ninety five percent of the felony convictions in 1003 00:43:31,080 --> 00:43:34,239 Speaker 3: the United States are obtained through guilty. Police on a 1004 00:43:34,320 --> 00:43:38,600 Speaker 3: much more mundane level on much lesser crimes than dealing 1005 00:43:38,600 --> 00:43:41,080 Speaker 3: with lesser sentences. Every day, all day in all these 1006 00:43:41,120 --> 00:43:44,120 Speaker 3: courts in the country, tens of thousands of people every 1007 00:43:44,200 --> 00:43:47,359 Speaker 3: day are faced with the same problem that you had, 1008 00:43:47,480 --> 00:43:50,719 Speaker 3: which is their attorney. And here in New Orleans we 1009 00:43:50,760 --> 00:43:53,560 Speaker 3: know that last year there were fifty two public defenders 1010 00:43:53,560 --> 00:43:57,520 Speaker 3: who dealt with twenty thousand cases. Do the math. So 1011 00:43:58,400 --> 00:44:03,680 Speaker 3: a lot of those public defenders who are underpaid, overworked, 1012 00:44:03,880 --> 00:44:08,120 Speaker 3: that's madness, that's anarchy. So these people who are doing 1013 00:44:08,360 --> 00:44:11,560 Speaker 3: something that I could only say is noble, are out 1014 00:44:11,560 --> 00:44:14,040 Speaker 3: there every day, happened to meet with their clients, sometimes 1015 00:44:14,040 --> 00:44:15,440 Speaker 3: for the first time on the day of their trial 1016 00:44:16,440 --> 00:44:19,239 Speaker 3: and say to them, to the next Daniel, listen, the 1017 00:44:19,320 --> 00:44:21,919 Speaker 3: best thing for you to do is plea guilty. And 1018 00:44:22,040 --> 00:44:25,200 Speaker 3: that person, that kid is going but them innocent. They're going, 1019 00:44:25,239 --> 00:44:28,200 Speaker 3: I know, but they're going to throw the book at you. 1020 00:44:28,800 --> 00:44:33,200 Speaker 3: And so we are filling the prisons in jails with 1021 00:44:33,560 --> 00:44:37,680 Speaker 3: people who are innocent. Because of the fact that our 1022 00:44:37,719 --> 00:44:40,399 Speaker 3: public defender system is broken, as well as the rest 1023 00:44:40,400 --> 00:44:43,600 Speaker 3: of the system, the scales of justice are so tilted 1024 00:44:44,120 --> 00:44:47,440 Speaker 3: in the favor of the prosecution. You were playing. Actually 1025 00:44:47,520 --> 00:44:51,240 Speaker 3: the highest stakes game of poker than anybody ever played, 1026 00:44:52,400 --> 00:44:56,239 Speaker 3: other than the death sentence, because you had to either 1027 00:44:56,280 --> 00:44:58,759 Speaker 3: put all your cars on the table and literally bet 1028 00:44:58,760 --> 00:45:01,640 Speaker 3: your life, literally bet your life, and you would be 1029 00:45:01,640 --> 00:45:04,160 Speaker 3: betting against a dealer that you know cheats. 1030 00:45:04,320 --> 00:45:04,520 Speaker 4: Yeah. 1031 00:45:04,560 --> 00:45:07,600 Speaker 1: Absolutely, you know they're hiding cards and there's nothing I 1032 00:45:07,600 --> 00:45:08,640 Speaker 1: can do about them cheating. 1033 00:45:08,680 --> 00:45:09,600 Speaker 3: And this was your last year. 1034 00:45:09,719 --> 00:45:11,839 Speaker 1: Yeah, and that's what the attorneys tell you. They told 1035 00:45:11,840 --> 00:45:13,399 Speaker 1: it to me, and I've heard I hear them say 1036 00:45:13,400 --> 00:45:15,239 Speaker 1: it all the time because I work at criminal court. 1037 00:45:15,239 --> 00:45:17,000 Speaker 1: Now it's like, do you want to take a chance 1038 00:45:17,040 --> 00:45:19,320 Speaker 1: with the rest of your life? Yeah, you may be innocent, 1039 00:45:19,400 --> 00:45:21,719 Speaker 1: you might not have done this crime, but look at 1040 00:45:21,719 --> 00:45:25,120 Speaker 1: what you're facing. If this jury doesn't happen to believe you, 1041 00:45:25,239 --> 00:45:28,560 Speaker 1: if they win, this is what you're gonna have. So 1042 00:45:28,600 --> 00:45:30,239 Speaker 1: do you want to take that chance and think you're 1043 00:45:30,239 --> 00:45:31,880 Speaker 1: gonna win? Or do you want to take this lesser 1044 00:45:31,920 --> 00:45:34,840 Speaker 1: of two evils and at least know that you're getting 1045 00:45:34,840 --> 00:45:37,240 Speaker 1: out one day or know what your fate. 1046 00:45:37,080 --> 00:45:39,480 Speaker 3: Is gonna be because the work you're doing now it's fantastic. 1047 00:45:39,520 --> 00:45:40,440 Speaker 3: Tell us about that. 1048 00:45:40,440 --> 00:45:43,440 Speaker 1: All right, Well, it's kind of twofold. I work for 1049 00:45:43,520 --> 00:45:47,840 Speaker 1: a criminal court now actually ironically the same criminal court 1050 00:45:47,880 --> 00:45:50,320 Speaker 1: where I was convicted of second agree murder, which in 1051 00:45:50,400 --> 00:45:54,239 Speaker 1: Louisiana is a mandatory life sentence, mandatory life, mandatory life. 1052 00:45:54,239 --> 00:45:55,480 Speaker 3: And that's my first degree murder. 1053 00:45:55,560 --> 00:45:58,440 Speaker 1: No, no, no, sir, that's second degree, second degree. I am 1054 00:45:58,520 --> 00:46:01,040 Speaker 1: now the one of the cases managers for a re 1055 00:46:01,200 --> 00:46:04,359 Speaker 1: entry program, which is a program that was instituted by 1056 00:46:04,440 --> 00:46:07,839 Speaker 1: Judge Lurid White. It's an alternative to long term incarceration 1057 00:46:08,440 --> 00:46:11,439 Speaker 1: for drug offenders and people who you know, have been 1058 00:46:11,440 --> 00:46:15,240 Speaker 1: convicted maybe a few times for selling drugs, burglary, stuff 1059 00:46:15,280 --> 00:46:17,600 Speaker 1: like that. As of now, the program has no quote 1060 00:46:17,680 --> 00:46:21,120 Speaker 1: unquote violent offenders in it. These guys in Louisiana. There 1061 00:46:21,160 --> 00:46:23,640 Speaker 1: are men right now in Louisiana State Penitentiary who've been 1062 00:46:23,680 --> 00:46:25,520 Speaker 1: there since the seventies and the eighties. 1063 00:46:25,400 --> 00:46:29,160 Speaker 3: For heroin drugs, just drugs, no violence. 1064 00:46:28,800 --> 00:46:31,640 Speaker 1: No violence, none whatsoever. And most of them is very 1065 00:46:31,680 --> 00:46:34,840 Speaker 1: small amounts of drugs, less than a gram, less than 1066 00:46:34,880 --> 00:46:35,279 Speaker 1: an ounce. 1067 00:46:35,400 --> 00:46:37,560 Speaker 3: I really admire the work that you're doing, thank you. 1068 00:46:37,640 --> 00:46:41,920 Speaker 3: And it's really typical of the exenrees that have been 1069 00:46:41,960 --> 00:46:44,200 Speaker 3: on the show and the group of exguneries' ex Hoonnery 1070 00:46:44,320 --> 00:46:49,000 Speaker 3: Nation at large that you are devoting yourself to helping 1071 00:46:49,040 --> 00:46:52,200 Speaker 3: other people. Yes, sir, it's so interesting that the group 1072 00:46:52,280 --> 00:46:54,920 Speaker 3: of people that you could say are the most wronged 1073 00:46:54,960 --> 00:46:57,560 Speaker 3: by society of anyone are the ones who are contributing 1074 00:46:57,560 --> 00:46:59,959 Speaker 3: almost more to society as a group than any other group. 1075 00:47:01,040 --> 00:47:01,840 Speaker 1: I appreciate that. 1076 00:47:02,080 --> 00:47:05,680 Speaker 3: And now you have to wear that scarlet letter. You're 1077 00:47:05,719 --> 00:47:10,960 Speaker 3: not technically an exonery even though you're innocent. And in 1078 00:47:11,120 --> 00:47:15,080 Speaker 3: eighty four percent of the DNA exoneration plea cases, the 1079 00:47:15,160 --> 00:47:20,320 Speaker 3: alternate perpetrator was identified. So you had somebody who pleaded 1080 00:47:20,320 --> 00:47:23,680 Speaker 3: guilty and was proven innocent, and the altual perpetrator was 1081 00:47:23,760 --> 00:47:26,600 Speaker 3: later identified. So there's in case there was ever any 1082 00:47:26,640 --> 00:47:28,920 Speaker 3: doubt about the depth of the problem, the series is 1083 00:47:29,000 --> 00:47:31,160 Speaker 3: the problem, and about the fact that it happens. There 1084 00:47:31,239 --> 00:47:34,120 Speaker 3: you go and in your case, it's actually that's sort 1085 00:47:34,160 --> 00:47:35,440 Speaker 3: of a similar case too, even though it's not a 1086 00:47:35,520 --> 00:47:38,399 Speaker 3: DNA case. But the actual perpetrator was right there going, hey, 1087 00:47:38,400 --> 00:47:40,600 Speaker 3: look at me, I'm the guy. I mean, that would 1088 00:47:40,600 --> 00:47:43,719 Speaker 3: seem to be pretty strong evidence for any court to 1089 00:47:43,719 --> 00:47:47,239 Speaker 3: look at. But you know, look, the fact is you're here, 1090 00:47:47,480 --> 00:47:51,440 Speaker 3: You somehow or other survived. Let's just let's just look 1091 00:47:51,520 --> 00:47:53,560 Speaker 3: back at this for a second. Of what we've discussed 1092 00:47:53,600 --> 00:47:57,800 Speaker 3: over the last hour. You survived a shootout, a corrupt 1093 00:47:58,040 --> 00:48:00,160 Speaker 3: system that wanted to put you away for the rest 1094 00:48:00,160 --> 00:48:01,560 Speaker 3: of your life for something that they knew they you 1095 00:48:01,560 --> 00:48:06,560 Speaker 3: didn't do, a hurricane, a flood, almost being roasted to death, 1096 00:48:06,800 --> 00:48:10,680 Speaker 3: almost dying of smoke inhalation, being shot at, being stabbed, 1097 00:48:11,239 --> 00:48:14,920 Speaker 3: being beaten. Did we mention almost dying of thirst? I 1098 00:48:14,920 --> 00:48:18,319 Speaker 3: think we left that one out. Then you survived the 1099 00:48:18,320 --> 00:48:21,319 Speaker 3: worst prison in the worst criminal justice system in the 1100 00:48:21,360 --> 00:48:27,400 Speaker 3: western world, and another series of trials that were rigged 1101 00:48:27,480 --> 00:48:31,840 Speaker 3: against you with an eighth grade education, just to sum 1102 00:48:31,920 --> 00:48:36,440 Speaker 3: up one more time, and then from somewhere in the 1103 00:48:36,480 --> 00:48:43,360 Speaker 3: depths of your consciousness or subconscious you pulled an obscure 1104 00:48:44,040 --> 00:48:50,040 Speaker 3: legal doctrine right statute that I've never heard of that 1105 00:48:50,280 --> 00:48:53,120 Speaker 3: I would bet if we went to Stanford Law School 1106 00:48:53,200 --> 00:48:55,719 Speaker 3: right now and whipped that out, they'd be like, everybody 1107 00:48:55,719 --> 00:49:00,480 Speaker 3: be scrambling for their textbooks, Like, what the that you 1108 00:49:00,640 --> 00:49:03,640 Speaker 3: managed to get yourself free? What the hell can I say? 1109 00:49:04,040 --> 00:49:06,360 Speaker 3: You have all my respect, and I think it's incredible 1110 00:49:06,360 --> 00:49:09,319 Speaker 3: that you're here sharing the story, and I think there's 1111 00:49:09,360 --> 00:49:11,520 Speaker 3: a lot more that we have to do together. Because 1112 00:49:12,120 --> 00:49:13,840 Speaker 3: there's a lot of messages here. It's gonna take me 1113 00:49:13,880 --> 00:49:16,600 Speaker 3: a while to process this. All I can do now 1114 00:49:16,920 --> 00:49:20,080 Speaker 3: is ask you, is there any final thought that you 1115 00:49:20,120 --> 00:49:22,840 Speaker 3: would like to share with the audience before we sign on? 1116 00:49:23,120 --> 00:49:25,080 Speaker 1: I guess you know. My biggest thing that I tell 1117 00:49:25,120 --> 00:49:26,759 Speaker 1: people ever did is you never know what you can 1118 00:49:26,800 --> 00:49:28,839 Speaker 1: deal with until you don't have a choice, no matter 1119 00:49:28,880 --> 00:49:30,759 Speaker 1: what's going on in your life. You know, whether you're 1120 00:49:30,800 --> 00:49:33,360 Speaker 1: listening to this and you're dealing with cancer, you're dealing 1121 00:49:33,360 --> 00:49:35,720 Speaker 1: with incarceration, are you dealing with the loss of someone 1122 00:49:35,760 --> 00:49:37,879 Speaker 1: that you're dealing with, you know, a loss of a job, 1123 00:49:38,000 --> 00:49:39,480 Speaker 1: or there just anything in your life. It seems like 1124 00:49:39,520 --> 00:49:42,520 Speaker 1: it's insurmountable. If you still have breath in your body, 1125 00:49:42,560 --> 00:49:45,680 Speaker 1: you can still fighting and you can still win. Don't 1126 00:49:45,680 --> 00:49:46,120 Speaker 1: give up on. 1127 00:49:46,160 --> 00:49:54,880 Speaker 3: Yourself, don't forget to give us a fantastic review wherever 1128 00:49:54,920 --> 00:49:58,359 Speaker 3: you get your podcasts. It really helps. And I'm a 1129 00:49:58,400 --> 00:50:01,359 Speaker 3: proud donor to the Innocis and I really hope you'll 1130 00:50:01,440 --> 00:50:04,840 Speaker 3: join me in supporting this very important cause and helping 1131 00:50:04,960 --> 00:50:08,880 Speaker 3: to prevent future wrongful convictions. Go to Innocentsproject dot org 1132 00:50:09,000 --> 00:50:11,759 Speaker 3: to learn how to donate and get involved. I'd like 1133 00:50:11,840 --> 00:50:14,800 Speaker 3: to thank our production team, Connor Hall and Kevin Wartis. 1134 00:50:15,120 --> 00:50:17,400 Speaker 3: The music in the show is by three time OSCAR 1135 00:50:17,440 --> 00:50:20,480 Speaker 3: nominated composer Jay Ralph. Be sure to follow us on 1136 00:50:20,520 --> 00:50:25,320 Speaker 3: Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast. 1137 00:50:25,680 --> 00:50:28,760 Speaker 3: Wrongful Conviction with Jason Flamm is a production of Lava 1138 00:50:28,760 --> 00:50:33,640 Speaker 3: for Good Podcasts in association with Signal Company Number one