WEBVTT - #026 Jason Flom with Daniel Tapia

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<v Speaker 1>I think we have the best legal system. It's just

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<v Speaker 1>the people that implement they get lost along the way

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<v Speaker 1>and forget what their job really is.

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<v Speaker 2>He just kept on trying to remind me that who

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<v Speaker 2>was in authority, who was in control, and how easy

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<v Speaker 2>it was for my body to be found in any

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<v Speaker 2>alley of New York City.

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<v Speaker 3>It's a tough prison when you have the guards going

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<v Speaker 3>against you because they are the biggest gang in the prison.

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<v Speaker 1>They do that. They'll give a guy a life sentence

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<v Speaker 1>and go home in eat spaghetti like it was nothing.

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<v Speaker 2>And anybody that said, well, why would you confess to

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<v Speaker 2>something that you didn't do? My question to them will

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<v Speaker 2>be why wouldn't you confess when somebody's threatening to kill

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<v Speaker 2>your life?

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<v Speaker 1>The judge, he said, how you feel?

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<v Speaker 2>I said, I'm okay. He said, well, the days you're

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<v Speaker 2>lucky day you're going home.

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<v Speaker 3>This is Wrongful Conviction. Welcome back to Wrongful Conviction with

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<v Speaker 3>Jason Flamm. Today we are recording from New Orleans with

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<v Speaker 3>a very special individual. My friend Daniel Tapia is here today. Daniel,

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<v Speaker 3>welcome to the show.

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<v Speaker 1>Thank you, thank you, thanks for having me.

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<v Speaker 3>Well let's start with this. We're in New Orleans, which

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<v Speaker 3>is the epicenter of the problem with the criminal justice

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<v Speaker 3>system or the world. Actually, America locks up more people

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<v Speaker 3>per capita than any place in the world, five times

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<v Speaker 3>as many people per capita as the rest of the

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<v Speaker 3>Western world, fourteen times as many as Japan, which is insane.

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<v Speaker 3>Louisiana locks up twice as many people per capita as

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<v Speaker 3>the rest of the United States, and New Orleans locks

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<v Speaker 3>up more people than any other county or city in Louisiana, sir.

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<v Speaker 3>So overall, it's really not that shocking that somebody like

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<v Speaker 3>you could be wrongfully convicted in a place like this.

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<v Speaker 1>That happens way too often.

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<v Speaker 3>Unfortunately, it's really troubling. Daniel was forced to take a

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<v Speaker 3>plea even though he's innocent, because had he not done that,

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<v Speaker 3>he'd probably be in prison for the rest of his life.

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<v Speaker 3>Is that fair, Yes, sir, because the way things roll

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<v Speaker 3>down here, and to be fair, in most of the

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<v Speaker 3>rest of the country, a huge number of people are

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<v Speaker 3>faced with the same sort of Sophie's choice that you had,

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<v Speaker 3>which is either plead guilty and sort of have that

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<v Speaker 3>scarlet letter, or try to fight for your innocence and

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<v Speaker 3>run the risk of the very likely scenario that you're

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<v Speaker 3>going to spend the rest of your life in prison.

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<v Speaker 3>So let's go back to your case, because it's like

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<v Speaker 3>something out of a movie.

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<v Speaker 1>It absolutely is. That's the only way I know how

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<v Speaker 1>to go a bad movie.

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<v Speaker 3>So walk us through that. What happened? Where were you?

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<v Speaker 3>How did you get caught up in this?

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<v Speaker 1>Okay? I used to live in the Calio Projects in

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<v Speaker 1>New Waters, That's where this incident occurred. That so on

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<v Speaker 1>the day that it occurred, I was with a friend

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<v Speaker 1>of mine. Let me say this. I had just bought

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<v Speaker 1>my first call. I was a teenager. I was eighteen

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<v Speaker 1>years old, just bought my first call, and basically all

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<v Speaker 1>I was doing was everybody I knew, all my friends, anybody, Hey,

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<v Speaker 1>you need to ride, Let's go this place, Let's go

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<v Speaker 1>to that place.

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<v Speaker 4>You know.

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<v Speaker 1>We just were riding around everywhere, typical of most teenagers

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<v Speaker 1>when they buy their first vehicle, especially when you're the

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<v Speaker 1>only one out of your friends who has one at

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<v Speaker 1>the time. You know, the data incident happened. I was

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<v Speaker 1>outside talking to another friend of mine. Me and one

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<v Speaker 1>of my friends were getting ready to leave, and he

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<v Speaker 1>was like, where y'all about to go? I said, we

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<v Speaker 1>I'm gonna go pass by my girlfriend and then we

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<v Speaker 1>probably gonna go downtown, which was you know, I lived uptown.

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<v Speaker 1>So he said, all right, well just drop me off

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<v Speaker 1>on your way over there. So I said, all right.

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<v Speaker 1>So I dropped him off, and a friend of mine

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<v Speaker 1>had recently been another guy that I knew. He had

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<v Speaker 1>recently been shot by another individual, and you know, he

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<v Speaker 1>was my friend who I was dropping off. Was going

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<v Speaker 1>to check on him because he lived upstairs where I

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<v Speaker 1>was dropping him off, fat in the projects on the

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<v Speaker 1>other side. So as I dropped him off, he gets out,

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<v Speaker 1>he goes in there. I pulled off. I pull up

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<v Speaker 1>way I was going to. My girlfriend was probably approximately

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<v Speaker 1>maybe two to three blocks away. She lived in another driveway.

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<v Speaker 1>And if I'm going that way, I started hearing gunshots.

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<v Speaker 1>And when I started hearing gunshots, my friend who was

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<v Speaker 1>in the vehicle with me, he's like, man, you know

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<v Speaker 1>that's coming from where we just dropped off with my

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<v Speaker 1>other two friends. So I look back. I can't see

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<v Speaker 1>anything because the way the buildings are you can't see

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<v Speaker 1>over to what's going on. All I hear is gunshots.

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<v Speaker 1>And then I start hearing gunshots getting rapid succession like

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<v Speaker 1>a semi automatic, you know, like assault rifle. You can

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<v Speaker 1>you know the difference between a sault rifle and a

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<v Speaker 1>pistol going off? I mean, it's shot after shot, it's

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<v Speaker 1>just relentless shot after shot. At that time, probably less

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<v Speaker 1>than a minute later, my friend and his friend come running,

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<v Speaker 1>and as they're running, somebody's behind them shooting at them

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<v Speaker 1>with the assault rifle.

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<v Speaker 4>Over whatever.

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<v Speaker 3>It sounds like a video game, yes, sir, but it

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<v Speaker 3>was crazy.

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<v Speaker 1>No, it's real life. It's split second. You gotta make

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<v Speaker 1>a decision. What are you gonna do? So, as he's running,

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<v Speaker 1>he's running towards me, and I see him, so I

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<v Speaker 1>you know, I'm looking. I get back in my car

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<v Speaker 1>and he comes running towards my car. Pull up, he

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<v Speaker 1>jumps in my car. I take off. I'm like, man,

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<v Speaker 1>what happened? He's like, man, just go, just go, just go. So,

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<v Speaker 1>I know somebody's shooting at him. You know, I don't

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<v Speaker 1>know exactly what went on, but I see someone shooting

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<v Speaker 1>at him.

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<v Speaker 3>Well, someone shoot at him. They' shooting at ut exactly now.

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<v Speaker 1>Yeah, So there's no time to sit around and think

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<v Speaker 1>about what happened or what might have happened. What's the

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<v Speaker 1>right decision? Was not the right decision. So I pull

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<v Speaker 1>off and I pull out of the driveway, and I

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<v Speaker 1>mean less than maybe two blocks. There's cops coming from everywhere.

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<v Speaker 1>So I stopped. I didn't do anything, you know, I stopped.

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<v Speaker 1>I pull over to the side of the road. And

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<v Speaker 1>as I pull over to the side of the road,

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<v Speaker 1>they come pulling up on us. So, you know, I

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<v Speaker 1>put my hands up, get out the car. Whatever. I

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<v Speaker 1>know something happened, but I don't know what happened. I know,

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<v Speaker 1>you know, there was a shooting going on. I don't

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<v Speaker 1>know what happened, though, So we get out. They pull

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<v Speaker 1>us all out, They separate all of us, put us

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<v Speaker 1>in different places. Four of you, four of us, Yes, sir,

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<v Speaker 1>it was four of us. And this is where the

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<v Speaker 1>story gets crazy. This is where it starts not making

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<v Speaker 1>sense at all.

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<v Speaker 3>Pretty crazy so far.

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<v Speaker 1>But yeah, yeah, yeah, yeah, yeah, yeah. Well I'm gonna

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<v Speaker 1>just say, you know, this is when the corruption starts.

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<v Speaker 1>Let me put it like that. So as we get stopped,

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<v Speaker 1>we get pulled out. So I don't know what the

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<v Speaker 1>cops are telling the other guy. But there's a black

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<v Speaker 1>car that pulls is a black Cadillac with tinted windows

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<v Speaker 1>and rims in it. And a guy pulls in front

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<v Speaker 1>and gets out, and he comes straight to where I'm

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<v Speaker 1>at and he comes back there and he opens the

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<v Speaker 1>door and he tells me he's a police officer. He

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<v Speaker 1>just saw everything that happened, and he knows I didn't

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<v Speaker 1>have anything to do with it, but he needs to

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<v Speaker 1>know what's going on because it's the second murder in

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<v Speaker 1>the neighborhood within that week. That was someone who was

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<v Speaker 1>killed maybe a block away from where this incident happened,

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<v Speaker 1>about five days before that, the Calio Projects in New Orleans.

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<v Speaker 1>There was a lot of murders, a lot of stuff

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<v Speaker 1>going on. It's a really bad neighborhood to grow up

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<v Speaker 1>in and living. And so I told him, I said, look,

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<v Speaker 1>I don't know what happened. I don't know anything about

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<v Speaker 1>the shooting. I said, man, I was just over here

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<v Speaker 1>and I heard some shots. So he punched me. He

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<v Speaker 1>hit me. He said, you're trying to take up for him.

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<v Speaker 1>I said, look, well, look I want to talk to

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<v Speaker 1>a lawyer.

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<v Speaker 4>Man.

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<v Speaker 1>You know, I ain't got nothing else to say to y'all.

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<v Speaker 1>Y'all sitting here punching on me saying I'm lying. I

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<v Speaker 1>ain't got nothing to say, so then he slams the door.

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<v Speaker 1>So then one after one, cops start coming up to

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<v Speaker 1>the car and they open the back door, and they

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<v Speaker 1>keep asking me what my race is. I'm like, what

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<v Speaker 1>my race is? What the what does that have to

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<v Speaker 1>do with anything? Why y'all keep why? Why are these

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<v Speaker 1>cops so interesting if I'm black or white? And so

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<v Speaker 1>I don't think anything of it. I'm just, you know whatever,

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<v Speaker 1>the stupid cops. You know, I'm not thinking anything. Well,

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<v Speaker 1>the captain of the sixth District comes and he tells me,

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<v Speaker 1>because I want to take up for them, he's gonna

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<v Speaker 1>make sure I get the death penalty win him after,

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<v Speaker 1>you know alone whatever. We've been sitting out there, maybe

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<v Speaker 1>two three hours now.

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<v Speaker 3>Right, The problem being that you don't actually know.

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<v Speaker 1>What I don't know what happened.

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<v Speaker 3>So even if you wanted to tell him that, you

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<v Speaker 3>certainly would not if you couldn't live in that neighborhood

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<v Speaker 3>on exactly, but there was no snitching, you would have

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<v Speaker 3>to just make up a story out of thin air.

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<v Speaker 1>Yeah, I really legitimately don't know what happened for real,

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<v Speaker 1>because I couldn't see over it that I couldn't see

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<v Speaker 1>what was going on. But I know in my heart,

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<v Speaker 1>I'm like, I didn't I didn't have anything to do

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<v Speaker 1>with this. So I'm not even worrying about if I'm

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<v Speaker 1>gonna go to jail or if you know, because I'm like,

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<v Speaker 1>I didn't do anything. I stopped, y'all, I stopped, I

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<v Speaker 1>got out. I don't know, y'all. Tell y'all are telling

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<v Speaker 1>me what happened. I don't know what happened. Y'all are

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<v Speaker 1>telling me that somebody got shot and all this type

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<v Speaker 1>of stuff. So I go to jail and they let

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<v Speaker 1>the guy who was with me, my friend who was

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<v Speaker 1>with me, they let him go that same night, and

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<v Speaker 1>I'm just thinking of my head like this, this is crazy, you.

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<v Speaker 3>Know, like what this is the guy who came running

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<v Speaker 3>into the car.

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<v Speaker 1>No, this was another guy, the guy who was with

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<v Speaker 1>me at the time when the other guys came running

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<v Speaker 1>to the car. There was two guys who ran to

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<v Speaker 1>the car, and it was me and another friend of

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<v Speaker 1>mine who were in the car at the time already.

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<v Speaker 1>And they let him go, but they didn't let me go.

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<v Speaker 1>So I'm like, man, you know why they taking me

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<v Speaker 1>and and let him go. It's like, you know, but

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<v Speaker 1>I still don't know what's going on. I didn't actually

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<v Speaker 1>find out what was going when it actually happened until

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<v Speaker 1>when I was in jail, had been processed about three

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<v Speaker 1>days later, because I didn't even see myself on a

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<v Speaker 1>news I got a newspaper article from somebody. They let

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<v Speaker 1>me see the newspaper when I got up on the

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<v Speaker 1>til I was going on, and I read what happened,

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<v Speaker 1>and I was like, what, holy shit. And then I

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<v Speaker 1>start reading how they trying to involve me in and

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<v Speaker 1>I'm like, man, that's not even what happened. But I mean,

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<v Speaker 1>what can I say? What can I do about it?

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<v Speaker 1>I'm in jail now, So the first thing I'm thinking is,

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<v Speaker 1>all right, this is gonna get played out in court.

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<v Speaker 1>You know, I'll go to court. It'll be over. You know,

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<v Speaker 1>they'll see Because the cops telling me he saw everything

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<v Speaker 1>that happened and he knows I didn't have anything to

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<v Speaker 1>do with it, and he told me because he thinks

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<v Speaker 1>I'm trying to take up for them, that he's gonna

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<v Speaker 1>mess over me. But I'm like, this guy is't really

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<v Speaker 1>gonna go through this and really come in here and

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<v Speaker 1>lie in court and say, you know that I had

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<v Speaker 1>something to do with something I didn't, but he did.

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<v Speaker 1>And what's crazy is that even as they played the

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<v Speaker 1>dispatch tape of him calling in the shooting that he

0:09:38.559 --> 0:09:42.360
<v Speaker 1>allegedly witnessed, it doesn't even line up with what he

0:09:42.440 --> 0:09:44.600
<v Speaker 1>testified to in court, Like it doesn't even make.

0:09:44.480 --> 0:09:46.600
<v Speaker 3>Sense because he called in and said it was three

0:09:46.600 --> 0:09:46.920
<v Speaker 3>black men.

0:09:47.000 --> 0:09:48.520
<v Speaker 1>He called in and said it was three black males,

0:09:48.520 --> 0:09:50.520
<v Speaker 1>which obviously I have no melody. I don't have a

0:09:50.600 --> 0:09:54.320
<v Speaker 1>drop of it in my skin. That's all I can. Yeah,

0:09:54.360 --> 0:09:56.840
<v Speaker 1>that's it, you know, especially in that neighborhood. I'm one

0:09:56.880 --> 0:09:59.480
<v Speaker 1>of the only white people in that neighborhood period.

0:10:00.280 --> 0:10:03.000
<v Speaker 3>Actually, if he did witness the shooting, it would have

0:10:03.040 --> 0:10:04.720
<v Speaker 3>been really easy for him to identify it.

0:10:04.760 --> 0:10:05.880
<v Speaker 1>Just spotted me a mile away.

0:10:05.920 --> 0:10:07.240
<v Speaker 3>If I had something, it would have been, yeah, that's

0:10:07.240 --> 0:10:08.920
<v Speaker 3>the white guy from the name right exactly.

0:10:09.520 --> 0:10:12.000
<v Speaker 1>And you said it was three black males. But when

0:10:12.000 --> 0:10:14.640
<v Speaker 1>you stopped us, you stopped three black males and meet

0:10:14.720 --> 0:10:17.080
<v Speaker 1>and you let one of them go, which he didn't

0:10:17.120 --> 0:10:18.760
<v Speaker 1>have anything to do with it either. But it's just

0:10:18.760 --> 0:10:21.719
<v Speaker 1>a thought like where is all this going? Like how

0:10:21.720 --> 0:10:24.320
<v Speaker 1>does this even make sense to y'all to actually prosecute this.

0:10:25.320 --> 0:10:28.360
<v Speaker 1>It took over two years and I was eventually convicted

0:10:28.400 --> 0:10:29.400
<v Speaker 1>the second agree murder.

0:10:29.440 --> 0:10:32.040
<v Speaker 3>It took two years for the trial to resolve. So

0:10:32.120 --> 0:10:34.000
<v Speaker 3>you were in jail for two years waiting.

0:10:33.720 --> 0:10:35.360
<v Speaker 1>To go to trial, yes, sir, thinking I was going

0:10:35.400 --> 0:10:38.000
<v Speaker 1>to go home, and I didn't. They convicted me, and

0:10:38.160 --> 0:10:40.200
<v Speaker 1>it was it was the most surreal feeling I ever

0:10:40.200 --> 0:10:41.080
<v Speaker 1>felt in my life.

0:10:41.280 --> 0:10:44.040
<v Speaker 3>And the crime happened in two thousand and three.

0:10:43.920 --> 0:10:46.240
<v Speaker 1>Yes, sir, April eleven, two thousand and three.

0:10:46.000 --> 0:10:49.720
<v Speaker 3>And Hurricane Katrina has a role in this whole crazy

0:10:49.760 --> 0:10:53.760
<v Speaker 3>saga of your life as well. Definitely, So let's talk

0:10:53.800 --> 0:10:54.160
<v Speaker 3>about that.

0:10:55.160 --> 0:10:58.959
<v Speaker 1>So in August two thousand and five, Hurricane Katrina comes true.

0:10:59.400 --> 0:11:01.920
<v Speaker 1>So in the day leading up to Katrina, they basically

0:11:02.040 --> 0:11:05.080
<v Speaker 1>just it was like nothing was gonna happen, no big deal.

0:11:05.280 --> 0:11:07.840
<v Speaker 1>I'm looking at this giant storm coming our way, but

0:11:07.880 --> 0:11:10.160
<v Speaker 1>there's no preparations being made. They're not moving us out

0:11:10.200 --> 0:11:12.160
<v Speaker 1>of the line of fire. They're not taking us to

0:11:12.200 --> 0:11:14.480
<v Speaker 1>another prison up north or something where we're out of

0:11:14.520 --> 0:11:16.560
<v Speaker 1>the way of the storm and out of horms way.

0:11:16.920 --> 0:11:21.959
<v Speaker 1>They just left us there. Friday, Hurricane Katrina hitting Sunday

0:11:22.400 --> 0:11:25.040
<v Speaker 1>that Friday. They turned the phones off inside the jail,

0:11:25.080 --> 0:11:27.240
<v Speaker 1>so nobody can make a phone call outside to talk

0:11:27.240 --> 0:11:28.840
<v Speaker 1>to their family, anything like that, or let them know

0:11:28.880 --> 0:11:29.959
<v Speaker 1>that we were still in there.

0:11:30.200 --> 0:11:31.280
<v Speaker 3>Which jail was it again?

0:11:31.440 --> 0:11:32.400
<v Speaker 1>Orleans Paris Prison?

0:11:32.440 --> 0:11:34.640
<v Speaker 3>And what does that look like? Is it a tall building?

0:11:34.760 --> 0:11:35.400
<v Speaker 3>Is it a flat?

0:11:35.640 --> 0:11:37.000
<v Speaker 1>It's four stories tall.

0:11:36.960 --> 0:11:39.120
<v Speaker 3>So it's not tall at all. Not when you have Hurricane.

0:11:38.840 --> 0:11:40.960
<v Speaker 1>Katrina coming, not at all, Not at all.

0:11:41.040 --> 0:11:42.760
<v Speaker 3>And if you're on the first the second floor, if.

0:11:42.640 --> 0:11:45.240
<v Speaker 1>You're on the first floor, you'd have been dead because

0:11:45.280 --> 0:11:46.920
<v Speaker 1>I was on the second floor and we were standing

0:11:46.960 --> 0:11:47.360
<v Speaker 1>in water.

0:11:48.440 --> 0:11:52.440
<v Speaker 3>So let me just get this straight. Hurricane Katrina's coming

0:11:52.760 --> 0:11:55.680
<v Speaker 3>one of the biggest storms in the history of this country. Yes, sir,

0:11:55.880 --> 0:11:59.440
<v Speaker 3>didn't take anybody by surprise. No, everybody saw that thing.

0:12:00.040 --> 0:12:03.400
<v Speaker 3>He's coming a mile away, days away. There's one time

0:12:03.400 --> 0:12:04.400
<v Speaker 3>the weather men actually.

0:12:04.160 --> 0:12:04.800
<v Speaker 4>Got it right. Yeah.

0:12:04.840 --> 0:12:06.160
<v Speaker 1>Yeah, they couldn't mess that one up.

0:12:06.240 --> 0:12:10.080
<v Speaker 3>So they decided that the appropriate response would be to

0:12:10.760 --> 0:12:13.600
<v Speaker 3>abandon you there because they want to go protect their

0:12:13.600 --> 0:12:16.199
<v Speaker 3>own asses. Yes, and turn off the phones.

0:12:16.320 --> 0:12:18.240
<v Speaker 1>Yes, that's exactly what they did.

0:12:18.480 --> 0:12:21.040
<v Speaker 3>So the storm comes, you were on the second.

0:12:20.800 --> 0:12:22.000
<v Speaker 1>Floor, I was on the second floor.

0:12:22.040 --> 0:12:24.800
<v Speaker 3>What was the vibe? What was everybody saying and doing?

0:12:24.840 --> 0:12:27.040
<v Speaker 3>I mean, like it just just when you think things

0:12:27.080 --> 0:12:27.760
<v Speaker 3>can't get worse.

0:12:27.960 --> 0:12:30.520
<v Speaker 1>Yeah, So what happened was we were all on a

0:12:30.600 --> 0:12:33.240
<v Speaker 1>tib and of course, you know the power went out.

0:12:33.559 --> 0:12:37.400
<v Speaker 1>When the power goes out before the deputies basically locked

0:12:37.480 --> 0:12:39.840
<v Speaker 1>us in there. Left We can see out the window

0:12:39.840 --> 0:12:42.280
<v Speaker 1>onto the fourth floor, which is the highest level inside

0:12:42.280 --> 0:12:44.839
<v Speaker 1>of the building. Up there, that's where the deputies have

0:12:44.920 --> 0:12:48.440
<v Speaker 1>stationed themselves at. They removed the inmates who were up

0:12:48.440 --> 0:12:50.720
<v Speaker 1>there on the fourth floor and put them at lower floors.

0:12:51.000 --> 0:12:52.600
<v Speaker 1>And they were up there and they had like some

0:12:52.679 --> 0:12:54.880
<v Speaker 1>of their family members and stuff in there up on

0:12:54.920 --> 0:12:58.000
<v Speaker 1>the fourth floor, and they were up there cooking, and

0:12:58.320 --> 0:12:59.880
<v Speaker 1>you know, you could see they had like a barbecue

0:13:00.200 --> 0:13:01.880
<v Speaker 1>and they had all the food that was left. They

0:13:02.000 --> 0:13:04.360
<v Speaker 1>took it up there with them. So they locked us

0:13:04.400 --> 0:13:06.559
<v Speaker 1>inside of our tears, which is your cell blocks of

0:13:06.600 --> 0:13:10.000
<v Speaker 1>your domes, and we had no food. Once the storm

0:13:10.000 --> 0:13:11.920
<v Speaker 1>comes to you, we have no running water, we have no

0:13:12.000 --> 0:13:14.480
<v Speaker 1>clean water, we have nothing. We can barely even breathe

0:13:14.480 --> 0:13:17.400
<v Speaker 1>in there because it's stifling from the lack of air

0:13:17.520 --> 0:13:20.720
<v Speaker 1>and circulation going on inside there, and you've got on

0:13:20.800 --> 0:13:24.360
<v Speaker 1>a particular tier I was on. There's enough beds for

0:13:24.360 --> 0:13:27.600
<v Speaker 1>forty two people. We had about sixty four at the

0:13:27.640 --> 0:13:30.600
<v Speaker 1>time up there, and like I said, with nothing else,

0:13:30.679 --> 0:13:33.600
<v Speaker 1>not even enough beds for everybody to be in. Obviously,

0:13:33.640 --> 0:13:37.040
<v Speaker 1>being in prison, you around other people who are maybe

0:13:37.080 --> 0:13:39.480
<v Speaker 1>not so nice individuals and who have different beefs and

0:13:39.480 --> 0:13:42.200
<v Speaker 1>stuff from the street, and so when the lights go out,

0:13:42.760 --> 0:13:44.720
<v Speaker 1>nobody wants to be that guy, because I mean you

0:13:44.760 --> 0:13:46.640
<v Speaker 1>literally couldn't see your hand in front of your face

0:13:46.880 --> 0:13:49.240
<v Speaker 1>when the power was out in there. So you had

0:13:49.280 --> 0:13:52.800
<v Speaker 1>guys that started lighting fires inside of there and stuff

0:13:52.840 --> 0:13:55.360
<v Speaker 1>like that, and there's no air, there's no circulation, there's

0:13:55.400 --> 0:13:58.559
<v Speaker 1>no windows, there's no anyway for this smoke to get out.

0:13:58.960 --> 0:14:01.920
<v Speaker 1>So you got these idiots who started a fire on

0:14:01.960 --> 0:14:04.760
<v Speaker 1>the other side, and there's smoke going all through the

0:14:04.760 --> 0:14:07.040
<v Speaker 1>inside of the dome where we at. So we had

0:14:07.040 --> 0:14:09.559
<v Speaker 1>to break windows in order for the smoke to get out,

0:14:09.600 --> 0:14:12.120
<v Speaker 1>just so we could breathe and everybody didn't suffocate up there.

0:14:12.280 --> 0:14:13.480
<v Speaker 3>How did you break a window?

0:14:13.520 --> 0:14:16.320
<v Speaker 1>I mean, yeah, they have bars around them and it's

0:14:16.360 --> 0:14:19.960
<v Speaker 1>reinforced glass. But we had like a big iron metal

0:14:20.000 --> 0:14:22.720
<v Speaker 1>bar that goes across the shower, and we ended up

0:14:22.760 --> 0:14:25.320
<v Speaker 1>breaking that down out of the wall and use that

0:14:25.640 --> 0:14:27.760
<v Speaker 1>along with a broom and a mopstick that was up

0:14:27.800 --> 0:14:30.080
<v Speaker 1>there to just beat on a glass until it put

0:14:30.280 --> 0:14:32.320
<v Speaker 1>a hole in it. And once it put a hole

0:14:32.360 --> 0:14:33.880
<v Speaker 1>in it, we just chipped the way at it and

0:14:33.880 --> 0:14:36.320
<v Speaker 1>broke it out. So the bars were still intact, like

0:14:36.320 --> 0:14:38.600
<v Speaker 1>we couldn't get out of the window, but the glass

0:14:38.640 --> 0:14:41.640
<v Speaker 1>itself was broken where we could. Air was able to

0:14:41.640 --> 0:14:42.560
<v Speaker 1>come in and go out.

0:14:43.040 --> 0:14:47.280
<v Speaker 3>So that saved everybody's life right there. Literally, you're painting

0:14:47.400 --> 0:14:51.840
<v Speaker 3>a picture of literally the worst imaginable scenario that anybody

0:14:51.840 --> 0:14:57.320
<v Speaker 3>could be in. It's dark, it's stifling heat, there's no air.

0:14:57.640 --> 0:15:00.440
<v Speaker 1>No food, no food, no water over all of.

0:15:00.400 --> 0:15:03.200
<v Speaker 3>Them, and a storm coming in that just might kill

0:15:03.240 --> 0:15:03.560
<v Speaker 3>you all.

0:15:03.720 --> 0:15:06.080
<v Speaker 1>Yeah. Well, by this time the storm had passed when

0:15:06.120 --> 0:15:07.960
<v Speaker 1>the part of the lights and everything went off, the

0:15:08.000 --> 0:15:10.920
<v Speaker 1>storm had passed. Now, with Hurricane Katrina, it wasn't the

0:15:10.960 --> 0:15:14.600
<v Speaker 1>storm itself that caused the flooded. That's why we were

0:15:14.600 --> 0:15:17.800
<v Speaker 1>so lost. Because the storm came, the wind came through,

0:15:17.840 --> 0:15:20.120
<v Speaker 1>the rain came through, the power went out, and then

0:15:20.160 --> 0:15:22.880
<v Speaker 1>it passed and the sun was shining outside. Well, all

0:15:22.920 --> 0:15:25.200
<v Speaker 1>of a sudden, now we're seeing water just coming up

0:15:25.240 --> 0:15:26.520
<v Speaker 1>and up and up and up and up and up,

0:15:26.520 --> 0:15:27.880
<v Speaker 1>and we're looking out the wind and we're like, man,

0:15:27.920 --> 0:15:30.320
<v Speaker 1>where's all this fucking water coming from? You know, it

0:15:30.480 --> 0:15:32.880
<v Speaker 1>just keeps pouring, raising up and up closer to where

0:15:32.960 --> 0:15:35.440
<v Speaker 1>we are, until eventually it's to the second floor where

0:15:35.440 --> 0:15:38.800
<v Speaker 1>we're at. Well, at the time, the building where I

0:15:38.920 --> 0:15:41.240
<v Speaker 1>was at, we were right next to the coroner's office.

0:15:41.440 --> 0:15:43.800
<v Speaker 1>We didn't process this at the time because you know,

0:15:43.840 --> 0:15:46.200
<v Speaker 1>you're just not thinking about what it could potentially be.

0:15:46.720 --> 0:15:49.800
<v Speaker 1>We look outside the winter and it's dead bodies floating

0:15:50.240 --> 0:15:53.440
<v Speaker 1>right right around the window right where we are, right

0:15:53.480 --> 0:15:56.280
<v Speaker 1>next to us. There was at least seven dead bodies

0:15:56.280 --> 0:15:58.720
<v Speaker 1>that were floating around out there. So we're like, man,

0:15:58.760 --> 0:16:01.760
<v Speaker 1>this fucking water's coming up. There's no guards, no help,

0:16:01.800 --> 0:16:04.240
<v Speaker 1>no food, no water, and we got dead blodies floating

0:16:04.280 --> 0:16:06.400
<v Speaker 1>around in the window next to us. But there came

0:16:06.440 --> 0:16:08.840
<v Speaker 1>from the corner's office. Because the corner's office, which was

0:16:08.880 --> 0:16:11.120
<v Speaker 1>on the first floor, was completely submerged in water and

0:16:11.160 --> 0:16:14.280
<v Speaker 1>floated up. We didn't realize that until after everything was over.

0:16:14.360 --> 0:16:17.720
<v Speaker 1>We just in panicked. Now everybody's panicking there's fucking water's

0:16:17.760 --> 0:16:20.880
<v Speaker 1>coming up, there's nobody here with us. We're locked inside

0:16:20.880 --> 0:16:23.560
<v Speaker 1>of here, literally can't get out. There's dead bodies floating

0:16:23.600 --> 0:16:26.560
<v Speaker 1>around the fucking window next to us, and we don't

0:16:26.560 --> 0:16:29.320
<v Speaker 1>even know if anybody even knows we're here more or

0:16:29.360 --> 0:16:31.360
<v Speaker 1>les's gonna come rescue us and get us out of here.

0:16:31.640 --> 0:16:33.520
<v Speaker 3>What happened to the people on the first floor?

0:16:34.240 --> 0:16:36.560
<v Speaker 1>They had got moved. Oh, that was the one thing

0:16:36.640 --> 0:16:38.760
<v Speaker 1>I give them credit that they were smart enough to do,

0:16:39.200 --> 0:16:41.280
<v Speaker 1>is they moved the people off of the first floor.

0:16:41.520 --> 0:16:43.680
<v Speaker 1>There's a lot of rumors about some people were left

0:16:43.680 --> 0:16:45.880
<v Speaker 1>down there and stuff like that. I'll never know the

0:16:45.880 --> 0:16:47.880
<v Speaker 1>truth on that, because some of the guys who were

0:16:47.880 --> 0:16:49.880
<v Speaker 1>on the first floor edded up on the second floor

0:16:49.880 --> 0:16:52.240
<v Speaker 1>with me where I was at, and they just moved

0:16:52.280 --> 0:16:54.800
<v Speaker 1>them and kind of separated them on different tears. Like

0:16:54.840 --> 0:16:56.120
<v Speaker 1>I said, they to the guys who were off the

0:16:56.160 --> 0:16:59.440
<v Speaker 1>fourth floor and put them down lower so that they

0:16:59.480 --> 0:17:01.880
<v Speaker 1>can go station themselves on the fourth floor and be

0:17:02.040 --> 0:17:02.960
<v Speaker 1>at the highest point.

0:17:03.080 --> 0:17:05.800
<v Speaker 3>So there were actually cards there with there, they just

0:17:05.840 --> 0:17:09.800
<v Speaker 3>weren't coming us. Because so if I'm I'm going to

0:17:09.960 --> 0:17:14.720
<v Speaker 3>just make an assumption that they probably lived in houses

0:17:14.720 --> 0:17:17.720
<v Speaker 3>that they couldn't stay in because you can't. New Orleans

0:17:17.800 --> 0:17:20.119
<v Speaker 3>is under sea level and we all know, we've all

0:17:20.160 --> 0:17:23.399
<v Speaker 3>seen the pictures of what happened. So had they stayed home.

0:17:23.359 --> 0:17:24.680
<v Speaker 1>They probably would have been flooded out.

0:17:25.160 --> 0:17:27.320
<v Speaker 3>They were using this as a shelter, exactly the building.

0:17:27.320 --> 0:17:29.120
<v Speaker 3>I'm sure the building is built pretty well.

0:17:29.600 --> 0:17:30.760
<v Speaker 1>That building is not going and it.

0:17:30.720 --> 0:17:32.399
<v Speaker 3>Was no matter what storm comes.

0:17:32.400 --> 0:17:34.600
<v Speaker 1>So they had their family members of You could see

0:17:34.640 --> 0:17:36.520
<v Speaker 1>their family members were up there with them, like you

0:17:36.520 --> 0:17:39.480
<v Speaker 1>saw kids. You saw women who weren't offices and stuff

0:17:39.520 --> 0:17:42.000
<v Speaker 1>like that were all staying up there on the force.

0:17:41.800 --> 0:17:44.480
<v Speaker 3>An emergency shelters. So how long were you stuck in

0:17:44.520 --> 0:17:47.399
<v Speaker 3>this situation? On Friday is when everybody left.

0:17:47.600 --> 0:17:50.639
<v Speaker 1>Sunday they left the Sunday left us down on Sunday.

0:17:50.920 --> 0:17:54.760
<v Speaker 1>Wednesday evening is when we finally were taken out of there.

0:17:54.960 --> 0:17:56.280
<v Speaker 3>And so what did you drink?

0:17:57.080 --> 0:17:59.440
<v Speaker 1>You didn't drink anything. You didn't have anything to drink.

0:17:59.800 --> 0:18:02.800
<v Speaker 3>You certainly couldn't drink the water you had the sewage

0:18:02.800 --> 0:18:05.200
<v Speaker 3>in it, right, you had dead bodies floating around.

0:18:05.359 --> 0:18:08.440
<v Speaker 1>So we were all severely dehydrated.

0:18:07.840 --> 0:18:09.600
<v Speaker 3>I mean, and water was up to what was it

0:18:09.680 --> 0:18:10.400
<v Speaker 3>up to your ankles.

0:18:10.560 --> 0:18:12.520
<v Speaker 1>It was about it our ankles. It was about it

0:18:12.560 --> 0:18:16.200
<v Speaker 1>our ankles on the second floor. When it finally stopped,

0:18:16.640 --> 0:18:18.800
<v Speaker 1>it was almost a sigh of relief because we didn't

0:18:18.800 --> 0:18:20.880
<v Speaker 1>know if it was just gonna keep coming up, would

0:18:20.960 --> 0:18:23.800
<v Speaker 1>just drowned. Yeah, because we couldn't go anywhere, and we tried.

0:18:24.000 --> 0:18:26.679
<v Speaker 1>I mean, we ripped down the air conditioning ventilation, there

0:18:26.680 --> 0:18:29.119
<v Speaker 1>were bars in the wall, we ripped the toilets out

0:18:29.160 --> 0:18:31.679
<v Speaker 1>of the ground, there were bars in the floor. We

0:18:31.800 --> 0:18:34.159
<v Speaker 1>tried to chip through the shop. I mean, that place

0:18:34.280 --> 0:18:36.600
<v Speaker 1>is a real fortress. Like you're not getting out of

0:18:36.640 --> 0:18:40.160
<v Speaker 1>there unless you're going through the guards with keys.

0:18:40.600 --> 0:18:46.440
<v Speaker 3>So seventy two hours of sheer, terror, uncertainty, hunger, thirst.

0:18:46.800 --> 0:18:49.879
<v Speaker 1>Absolutely. You had guys started fighting. They had two guys

0:18:49.880 --> 0:18:52.880
<v Speaker 1>had a knife fight, just because everybody was so stressed

0:18:52.880 --> 0:18:55.480
<v Speaker 1>out and so on high red alert. Every little thing

0:18:55.600 --> 0:18:58.480
<v Speaker 1>was taking them off. I actually had taken a sheet

0:18:59.080 --> 0:19:00.560
<v Speaker 1>and rolled on it with a ma because we can

0:19:00.600 --> 0:19:02.960
<v Speaker 1>hear the helicopters flying around and see the helicopters flying

0:19:02.960 --> 0:19:04.680
<v Speaker 1>around outside, and like I said, we didn't even know

0:19:04.720 --> 0:19:07.040
<v Speaker 1>if anybody knew we were in there. So I had

0:19:07.080 --> 0:19:09.280
<v Speaker 1>taken a sheet and rolle on that you know, people

0:19:09.280 --> 0:19:12.080
<v Speaker 1>in here need help, and tried to hang it outside

0:19:12.080 --> 0:19:13.800
<v Speaker 1>the balls because you know, we had broken the glass

0:19:13.800 --> 0:19:15.760
<v Speaker 1>and tried to hang it out there, and the officers

0:19:15.760 --> 0:19:18.560
<v Speaker 1>started shooting at us because we were sticking our hands

0:19:18.560 --> 0:19:20.359
<v Speaker 1>out the balls trying to put a flag out there.

0:19:20.359 --> 0:19:22.119
<v Speaker 1>They started taking potshots.

0:19:21.640 --> 0:19:23.800
<v Speaker 3>At Okay, so there's another thing.

0:19:23.880 --> 0:19:25.960
<v Speaker 1>Yeah, So that that was the end of us trying

0:19:25.960 --> 0:19:28.359
<v Speaker 1>to send a flag. So now the idea is start

0:19:28.400 --> 0:19:31.600
<v Speaker 1>another fire, because now we got the winners over. So

0:19:31.640 --> 0:19:33.520
<v Speaker 1>now you've got guys who are gonna lit another fire

0:19:33.880 --> 0:19:37.960
<v Speaker 1>and throwing flames like lit a mattress on fire and

0:19:38.240 --> 0:19:40.600
<v Speaker 1>sticking it, hanging it out the balls to try and

0:19:40.640 --> 0:19:43.040
<v Speaker 1>get the attention of the helicopters going around trying to

0:19:43.080 --> 0:19:44.680
<v Speaker 1>just get anybody to come help us.

0:19:58.560 --> 0:20:01.240
<v Speaker 3>It's taking me a minute to price says this. Okay,

0:20:01.480 --> 0:20:05.360
<v Speaker 3>So now I'm sure everybody else that's listening and scratching

0:20:05.400 --> 0:20:10.520
<v Speaker 3>their head like I am and going what Yeah, So

0:20:11.280 --> 0:20:14.480
<v Speaker 3>you didn't drown? No, thank that it was a miracle

0:20:15.240 --> 0:20:18.960
<v Speaker 3>and you you survived this ordeal and ultimately you end

0:20:19.080 --> 0:20:22.840
<v Speaker 3>up getting convicted of second degree murder, yes, sir, and

0:20:22.920 --> 0:20:26.480
<v Speaker 3>sense to life in prison. And you were twenty years

0:20:26.520 --> 0:20:27.160
<v Speaker 3>old at the time.

0:20:27.200 --> 0:20:28.919
<v Speaker 1>I was twenty when I was convicted. I was eighteen

0:20:28.920 --> 0:20:29.720
<v Speaker 1>when I was arrested.

0:20:29.800 --> 0:20:32.719
<v Speaker 3>Right, and you get sent to Angola, Yes, I mean

0:20:32.760 --> 0:20:35.120
<v Speaker 3>it's hard to say what the worst prison is in America,

0:20:35.320 --> 0:20:38.399
<v Speaker 3>but I think a lot of people who are knowledgeable

0:20:38.400 --> 0:20:41.720
<v Speaker 3>in this field would say that's that strong consideration.

0:20:41.880 --> 0:20:43.119
<v Speaker 1>Yeah, it's won't be.

0:20:43.600 --> 0:20:47.800
<v Speaker 3>Angola is a plantation in the middle of nowhere in

0:20:47.840 --> 0:20:52.880
<v Speaker 3>Louisiana which is named Angola because it originally was a

0:20:52.920 --> 0:20:55.760
<v Speaker 3>slave plantation and the slaves that worked the fields there

0:20:55.800 --> 0:20:59.480
<v Speaker 3>were from Angola, And so it certainly at the time

0:20:59.520 --> 0:21:02.560
<v Speaker 3>you were there, and I would say probably true to

0:21:02.600 --> 0:21:06.120
<v Speaker 3>this day. It still operates basically like a slave plantation.

0:21:06.440 --> 0:21:08.080
<v Speaker 1>Exactly like a slave plantation.

0:21:08.680 --> 0:21:13.080
<v Speaker 3>You know, it's so far removed from sight, and people

0:21:13.119 --> 0:21:13.880
<v Speaker 3>go there to die.

0:21:14.080 --> 0:21:15.440
<v Speaker 1>Yeah, it's its own world.

0:21:15.600 --> 0:21:17.000
<v Speaker 3>Most of the people, I think I read some of

0:21:17.040 --> 0:21:19.160
<v Speaker 3>the eighty five percent of people that go there die there.

0:21:19.280 --> 0:21:19.879
<v Speaker 1>Yeah.

0:21:20.280 --> 0:21:22.080
<v Speaker 3>So I mean you got all kinds of people we

0:21:22.080 --> 0:21:24.760
<v Speaker 3>were talking about before. They've been there. Since the seventies eighties.

0:21:24.720 --> 0:21:26.760
<v Speaker 1>You have about three average, two and a half to

0:21:26.840 --> 0:21:28.480
<v Speaker 1>three people a month die.

0:21:28.600 --> 0:21:31.800
<v Speaker 3>It ain't golden, right, and I was told that during

0:21:31.840 --> 0:21:35.560
<v Speaker 3>one particular flood, the Army Corps of Engineers came down

0:21:35.640 --> 0:21:38.879
<v Speaker 3>there and wanted to build some dams or whatever, do

0:21:39.000 --> 0:21:41.880
<v Speaker 3>some dig up some stuff, and they wouldn't let them

0:21:41.880 --> 0:21:43.439
<v Speaker 3>in because they had to move some of the bodies

0:21:43.440 --> 0:21:45.520
<v Speaker 3>that they had buried first, because they didn't want to,

0:21:45.560 --> 0:21:48.440
<v Speaker 3>you know, because those people didn't necessarily die of natural causes.

0:21:48.920 --> 0:21:51.719
<v Speaker 3>So here you are, in one of the worst places

0:21:51.840 --> 0:21:57.399
<v Speaker 3>on earth, and with basically no hope of ever going home.

0:21:57.600 --> 0:21:59.520
<v Speaker 1>One thing I can say, though, is that's one thing

0:21:59.560 --> 0:22:01.879
<v Speaker 1>I can't say. I never gave up my hope. I

0:22:01.920 --> 0:22:04.320
<v Speaker 1>never gave up my hope. I think when I was

0:22:04.359 --> 0:22:08.679
<v Speaker 1>convicted and the jury walked past me. When I was convicted, literally,

0:22:08.760 --> 0:22:11.080
<v Speaker 1>and this is in my minutes, this is in my transcripts.

0:22:11.400 --> 0:22:14.959
<v Speaker 1>I told my judge, Judge Camille Burris, I told her

0:22:14.960 --> 0:22:17.080
<v Speaker 1>I'd rather have a death penalty then spend the rest

0:22:17.119 --> 0:22:19.920
<v Speaker 1>of my life it ain't golden. And I even made

0:22:19.920 --> 0:22:22.520
<v Speaker 1>a statement, I said, Yana, all due respect, that was

0:22:22.560 --> 0:22:24.560
<v Speaker 1>exactly what I told her. I'd rather had a death penndy,

0:22:24.960 --> 0:22:27.199
<v Speaker 1>I said, I'd rather y'all kill me. They sent me

0:22:27.280 --> 0:22:31.480
<v Speaker 1>up there to wait another fifty sixty years to die.

0:22:31.680 --> 0:22:33.679
<v Speaker 1>She just put her head down and kind of, you know,

0:22:34.080 --> 0:22:35.560
<v Speaker 1>motion to the bailiff to get me out of the

0:22:35.560 --> 0:22:37.639
<v Speaker 1>court room. And they took me out of that because

0:22:37.680 --> 0:22:41.040
<v Speaker 1>I was just like, man, there's no way. And after that,

0:22:41.400 --> 0:22:43.879
<v Speaker 1>probably that first night, I was down on myself, and

0:22:43.920 --> 0:22:45.560
<v Speaker 1>then after that I was like, man, I gotta get

0:22:45.560 --> 0:22:49.800
<v Speaker 1>out of here. This is crazy, this isn't fair, but

0:22:50.400 --> 0:22:52.560
<v Speaker 1>this is my life, and I got to figure out

0:22:52.560 --> 0:22:53.400
<v Speaker 1>a way to get out of here.

0:22:53.560 --> 0:22:56.399
<v Speaker 3>You know, it's interesting you sit there and you say, well,

0:22:56.520 --> 0:23:00.320
<v Speaker 3>I had hope, but I'm getting the chill was thinking

0:23:00.320 --> 0:23:04.960
<v Speaker 3>about it. But I think most people would lose hope absolutely.

0:23:05.040 --> 0:23:08.040
<v Speaker 3>I mean, it's nobody's vouching for you at this point. Yeah,

0:23:08.080 --> 0:23:08.800
<v Speaker 3>you're on your own.

0:23:08.840 --> 0:23:11.880
<v Speaker 1>I'm on my own, man. It's it's total mental gymnastics,

0:23:11.920 --> 0:23:14.040
<v Speaker 1>because you want to have hope and you want to

0:23:14.080 --> 0:23:16.600
<v Speaker 1>believe that the right thing is going to happen and

0:23:16.600 --> 0:23:18.120
<v Speaker 1>that these people are going to realize that they made

0:23:18.119 --> 0:23:20.399
<v Speaker 1>a mistake and they're gonna realize that you're innocent. But

0:23:20.480 --> 0:23:24.400
<v Speaker 1>every day you're waking up next to guys who've been

0:23:24.400 --> 0:23:27.399
<v Speaker 1>in prison since before my mother was born, before your

0:23:27.440 --> 0:23:29.119
<v Speaker 1>mother was before my mother was born. You know, you

0:23:29.200 --> 0:23:32.879
<v Speaker 1>got guys that's been up there forty to fifty sumi years.

0:23:32.800 --> 0:23:35.320
<v Speaker 3>Right, and some of them not guilty in the first place,

0:23:35.320 --> 0:23:37.359
<v Speaker 3>and some of them, like you said, for minor crimes.

0:23:37.840 --> 0:23:40.879
<v Speaker 3>I mean in Louisiana. Some of the things, some of

0:23:40.920 --> 0:23:44.040
<v Speaker 3>the stories that you hear really just twist your mind around.

0:23:44.160 --> 0:23:47.840
<v Speaker 1>Yeah, the justice system here is just I don't even

0:23:47.840 --> 0:23:50.280
<v Speaker 1>know how to describe it. It's it's very inhuman. It's

0:23:50.640 --> 0:23:54.000
<v Speaker 1>it's all about winning and locking people up. It's not

0:23:54.119 --> 0:23:57.359
<v Speaker 1>about actual justice. It's not about finding out the truth.

0:23:57.720 --> 0:24:02.080
<v Speaker 1>There's more of a pursuit of so that people can say, look,

0:24:02.119 --> 0:24:04.080
<v Speaker 1>I punished this guy. I punished this guy. You know,

0:24:04.119 --> 0:24:07.239
<v Speaker 1>we found it, we solved it, and there's no in

0:24:07.280 --> 0:24:10.880
<v Speaker 1>my opinion, real thought to you know, it's like they

0:24:10.920 --> 0:24:13.080
<v Speaker 1>do that. They'll give a guy a life sentence and

0:24:13.240 --> 0:24:15.280
<v Speaker 1>go home in eat spaghetti like it was nothing, you know,

0:24:15.359 --> 0:24:17.360
<v Speaker 1>and not think about it. Man, maybe I really sent

0:24:17.400 --> 0:24:20.680
<v Speaker 1>the wrong person to prison for the rest of their life.

0:24:20.880 --> 0:24:25.200
<v Speaker 3>But then this is another very interesting thing about your case,

0:24:25.640 --> 0:24:30.840
<v Speaker 3>cause you ended up in a scenario where you found

0:24:30.840 --> 0:24:34.960
<v Speaker 3>a way, you found a crack, right, and talk about

0:24:35.000 --> 0:24:37.600
<v Speaker 3>that and how you ended up being here. You're sentenced

0:24:37.600 --> 0:24:39.119
<v Speaker 3>to life in prison. You're not supposed to be here

0:24:39.200 --> 0:24:39.440
<v Speaker 3>right now.

0:24:39.480 --> 0:24:42.160
<v Speaker 1>No, absolutely, I'm not. After I was convicted, I think

0:24:42.200 --> 0:24:45.480
<v Speaker 1>i've really I filed my attorney who I had. I

0:24:45.520 --> 0:24:48.399
<v Speaker 1>had another attorney who was working on my appeal. The

0:24:48.440 --> 0:24:51.239
<v Speaker 1>first thing that her and I spoke about, I told her,

0:24:51.280 --> 0:24:53.959
<v Speaker 1>I said, listen, I know you probably don't believe I'm innocent.

0:24:54.080 --> 0:24:56.200
<v Speaker 1>I don't think my last lawyer believed I was innocent.

0:24:56.600 --> 0:24:59.080
<v Speaker 1>I said, but if you listen to what I'm going

0:24:59.160 --> 0:25:01.439
<v Speaker 1>to tell you, and you help me investigate this like

0:25:01.480 --> 0:25:03.680
<v Speaker 1>it should have been investigated, I'll prove to you that

0:25:03.800 --> 0:25:06.359
<v Speaker 1>I am. And so she said, listen, it's not my

0:25:06.480 --> 0:25:08.280
<v Speaker 1>job to figure out if you're innocent or not. It's

0:25:08.320 --> 0:25:10.080
<v Speaker 1>my job to get you out. I said, all right,

0:25:10.080 --> 0:25:11.800
<v Speaker 1>that might not be your job, but it's important to

0:25:11.840 --> 0:25:14.919
<v Speaker 1>me that you know that I am. So I started

0:25:14.920 --> 0:25:17.040
<v Speaker 1>talking to people and doing my own kind of investigating

0:25:17.080 --> 0:25:18.560
<v Speaker 1>and being I guess you could call my own kind

0:25:18.560 --> 0:25:21.359
<v Speaker 1>of jailhouse lawyer and investigator, just finding out everything I

0:25:21.359 --> 0:25:23.720
<v Speaker 1>could find out about it, because there were just certain

0:25:23.720 --> 0:25:26.000
<v Speaker 1>things that didn't make sense about what the police officer said,

0:25:26.000 --> 0:25:29.280
<v Speaker 1>with my case. For one, he said that he was

0:25:29.359 --> 0:25:34.160
<v Speaker 1>there to meet up with a confidential informant. My first

0:25:34.160 --> 0:25:36.320
<v Speaker 1>thought is, why would you go there to meet up

0:25:36.359 --> 0:25:39.520
<v Speaker 1>with a confidential informant Because everything that you know about

0:25:39.520 --> 0:25:41.359
<v Speaker 1>me with a confidential informant is that you want to

0:25:41.440 --> 0:25:44.280
<v Speaker 1>keep it confidential. You don't want people around to know.

0:25:44.960 --> 0:25:47.280
<v Speaker 1>So if you're meeting with a confidential informant in an

0:25:47.280 --> 0:25:50.440
<v Speaker 1>area where there's big time heroin being sealed and there's

0:25:50.480 --> 0:25:52.960
<v Speaker 1>all kinds of people outside, if you're a copy and

0:25:52.920 --> 0:25:54.480
<v Speaker 1>gonna pull up and pick this guy up and go

0:25:54.520 --> 0:25:56.840
<v Speaker 1>sit down and have a talk, why would you go there.

0:25:56.880 --> 0:25:58.920
<v Speaker 1>Why wouldn't you meet him anywhere else in the city

0:25:58.960 --> 0:26:00.320
<v Speaker 1>that you could meet him at. Why would you go

0:26:00.400 --> 0:26:02.719
<v Speaker 1>right to the dope set and meet up with an

0:26:02.720 --> 0:26:05.040
<v Speaker 1>informant and sit down and talk. That just doesn't make sense.

0:26:05.640 --> 0:26:07.199
<v Speaker 1>So then I told my turn, I said, we need

0:26:07.240 --> 0:26:09.159
<v Speaker 1>to find out who that informant was, because that's a

0:26:09.200 --> 0:26:12.439
<v Speaker 1>potential witness. So we filed it was called the subpoena

0:26:12.440 --> 0:26:15.440
<v Speaker 1>induceers tech them get the police officer's confidence and informancist.

0:26:15.800 --> 0:26:19.400
<v Speaker 1>As soon as we filed that, they went crazy. They

0:26:19.440 --> 0:26:21.000
<v Speaker 1>did not want to turn that over. They did not

0:26:21.040 --> 0:26:22.440
<v Speaker 1>want to hand it over. I said, listen, I don't

0:26:22.440 --> 0:26:24.480
<v Speaker 1>even need to see it. I don't want to see

0:26:24.480 --> 0:26:26.240
<v Speaker 1>it for any reason. Just show it to my lawyer.

0:26:26.440 --> 0:26:29.400
<v Speaker 1>Because this is a potential witness. This is someone who

0:26:29.720 --> 0:26:32.160
<v Speaker 1>they must have been out there. Why aren't they named

0:26:32.160 --> 0:26:34.600
<v Speaker 1>in this as a witness. If this cop was sitting

0:26:34.640 --> 0:26:36.639
<v Speaker 1>out here and say he saw all so all this

0:26:36.680 --> 0:26:39.119
<v Speaker 1>stuff go on, why isn't the informant who he was

0:26:39.160 --> 0:26:42.000
<v Speaker 1>sitting out there with a witness. Also, if this cop,

0:26:42.000 --> 0:26:44.040
<v Speaker 1>we've poked holes in his story so many times, and

0:26:44.040 --> 0:26:45.879
<v Speaker 1>it's so many things about his story, it don't make sense.

0:26:46.000 --> 0:26:48.040
<v Speaker 1>He described me as a black male. The way they

0:26:48.080 --> 0:26:50.280
<v Speaker 1>made the scene was I was there when the murder happened,

0:26:50.520 --> 0:26:52.679
<v Speaker 1>almost like I sent the guys to do it. I

0:26:52.760 --> 0:26:54.399
<v Speaker 1>was out there to make sure it went right and

0:26:54.440 --> 0:26:56.080
<v Speaker 1>all this type of stuff. Because the guy was shot

0:26:56.119 --> 0:26:58.320
<v Speaker 1>with two different guns. I didn't have any gunpowder of

0:26:58.359 --> 0:27:00.919
<v Speaker 1>residues on me. There was only two guns that were found,

0:27:01.240 --> 0:27:03.560
<v Speaker 1>because that's, you know, all it was. But then there

0:27:03.600 --> 0:27:05.159
<v Speaker 1>was another thing that came up that I saw in

0:27:05.240 --> 0:27:08.160
<v Speaker 1>my police report. Because this was a shootout, I didn't

0:27:08.160 --> 0:27:09.720
<v Speaker 1>see it with my own two eyes. But from what

0:27:09.760 --> 0:27:12.080
<v Speaker 1>I've been told by my code defendant from other guys,

0:27:12.200 --> 0:27:14.160
<v Speaker 1>it was a shootout. You heard it, Yeah, you could

0:27:14.160 --> 0:27:18.000
<v Speaker 1>hear all the shots going on this guy had. He

0:27:18.119 --> 0:27:20.359
<v Speaker 1>was shot with a forty five caliber gun and a

0:27:20.440 --> 0:27:24.520
<v Speaker 1>thirty eight. All around his body exactly where he's laying,

0:27:25.359 --> 0:27:29.000
<v Speaker 1>there are nine millimeter casings all around his body. He

0:27:29.080 --> 0:27:31.880
<v Speaker 1>wasn't shot with a nine milimeter. He had a nine

0:27:31.880 --> 0:27:35.000
<v Speaker 1>milimeter that he was shooting at my codefendants with and

0:27:35.000 --> 0:27:37.760
<v Speaker 1>they were shooting at each other, and then someone else

0:27:37.800 --> 0:27:39.919
<v Speaker 1>came and was shooting at them with the assault rifle

0:27:40.160 --> 0:27:42.520
<v Speaker 1>who was one of his friends. This cop claims that

0:27:42.600 --> 0:27:44.440
<v Speaker 1>this guy never had a gun. It wasn't a shootout,

0:27:44.480 --> 0:27:46.840
<v Speaker 1>it was a hit. It was an execution, a broad

0:27:46.920 --> 0:27:48.800
<v Speaker 1>day murder, all this type of stuff that they try

0:27:48.840 --> 0:27:50.760
<v Speaker 1>and make, you know, try to tie it in the beat.

0:27:50.960 --> 0:27:54.199
<v Speaker 1>But where did these shellcasings come from? Literally, if I'm

0:27:54.240 --> 0:27:57.160
<v Speaker 1>standing here shooting the shellcass, that's where they fall around

0:27:57.160 --> 0:28:00.760
<v Speaker 1>where I'm shooting from. There's shellcass all around where he's at,

0:28:00.760 --> 0:28:02.440
<v Speaker 1>But it's not from a gun that he was shot with.

0:28:02.680 --> 0:28:05.320
<v Speaker 1>It just didn't make sense. So now we started investigating

0:28:05.359 --> 0:28:07.280
<v Speaker 1>the where the gun could have possibly been. But this

0:28:07.359 --> 0:28:09.000
<v Speaker 1>happened in the middle of the projects where there's a

0:28:09.000 --> 0:28:11.720
<v Speaker 1>bunch of people outside, and so of course nobody wants

0:28:11.760 --> 0:28:13.720
<v Speaker 1>to come to court and be the witness. But if

0:28:13.720 --> 0:28:15.720
<v Speaker 1>there's a gun laying on the ground, somebody's gonna pick

0:28:15.720 --> 0:28:17.680
<v Speaker 1>it up. I'm not just gonna leave it out there.

0:28:18.040 --> 0:28:19.560
<v Speaker 1>So this is just some of the things that didn't

0:28:19.560 --> 0:28:21.639
<v Speaker 1>make sense about my case that I think when the

0:28:21.640 --> 0:28:25.000
<v Speaker 1>attorney that high started looking into it, she started saying, Okay,

0:28:25.000 --> 0:28:27.160
<v Speaker 1>maybe there's something here, maybe this guy really is innocent.

0:28:27.560 --> 0:28:30.040
<v Speaker 1>Then he comes to my co defendant. He and I

0:28:30.080 --> 0:28:32.800
<v Speaker 1>had the severance, which means we got separate trials. He

0:28:32.840 --> 0:28:35.440
<v Speaker 1>went to trial, he was convicted. I went to trial.

0:28:35.480 --> 0:28:37.440
<v Speaker 1>I was convicted, but it was a separate times. When

0:28:37.480 --> 0:28:39.920
<v Speaker 1>he found out I had been convicted, he sent a

0:28:40.000 --> 0:28:42.720
<v Speaker 1>letter to my mother, who turned it over to my

0:28:42.800 --> 0:28:46.200
<v Speaker 1>attorney and told her that, you know, listen, I just

0:28:46.240 --> 0:28:48.360
<v Speaker 1>don't feel right with this. Dang. He didn't have anything

0:28:48.360 --> 0:28:50.200
<v Speaker 1>to do with this. He wasn't even there when it happened.

0:28:50.240 --> 0:28:51.880
<v Speaker 1>He didn't even know me and this guy with beef,

0:28:51.880 --> 0:28:53.480
<v Speaker 1>and he had no idea any of this could have

0:28:53.480 --> 0:28:56.240
<v Speaker 1>went on. He's literally just was in the wrong place

0:28:56.280 --> 0:28:58.719
<v Speaker 1>at the wrong time. I can't live with imagining him

0:28:58.760 --> 0:29:00.640
<v Speaker 1>doing the rest of his life in prison and knowing

0:29:00.640 --> 0:29:02.320
<v Speaker 1>that he didn't even have anything to do with this.

0:29:03.080 --> 0:29:05.680
<v Speaker 1>So my attorney presents it to the judge they called

0:29:05.680 --> 0:29:08.240
<v Speaker 1>my co defendant, and he gets on the stand, testifies,

0:29:08.280 --> 0:29:10.000
<v Speaker 1>tells him exactly what I just said, that I didn't

0:29:10.040 --> 0:29:11.600
<v Speaker 1>have anything to do with it. It was him and

0:29:11.600 --> 0:29:13.600
<v Speaker 1>the other guy that got into a shootout with the guy.

0:29:14.080 --> 0:29:16.840
<v Speaker 1>I didn't know that they were even beefing with this

0:29:16.920 --> 0:29:18.840
<v Speaker 1>guy more or less because I had just literally I

0:29:18.920 --> 0:29:20.760
<v Speaker 1>was with another friend and he walked up to me

0:29:21.040 --> 0:29:22.680
<v Speaker 1>and then just like, oh, you're going that way, let

0:29:22.680 --> 0:29:24.600
<v Speaker 1>me get a ride. I'm not thinking anything of it.

0:29:24.800 --> 0:29:26.720
<v Speaker 1>I always you know, I've been giving everybody a ride.

0:29:26.720 --> 0:29:30.000
<v Speaker 1>You know. I just bought my first call. So he

0:29:30.120 --> 0:29:33.880
<v Speaker 1>testifies to that judge orders me a new trial. She

0:29:34.000 --> 0:29:36.960
<v Speaker 1>vacates my conviction, orders me a new trial because she

0:29:37.040 --> 0:29:39.800
<v Speaker 1>presided over my case. You know, And this is a judge,

0:29:39.960 --> 0:29:42.160
<v Speaker 1>and Camille burrys, you can do the research. She doesn't

0:29:42.200 --> 0:29:45.640
<v Speaker 1>overturn convictions. If a jerry finds you guilty, you got

0:29:45.640 --> 0:29:47.280
<v Speaker 1>to take that up with the appellate court. She is

0:29:47.320 --> 0:29:50.920
<v Speaker 1>not big on granted post conviction relief. She's very conservative.

0:29:51.320 --> 0:29:53.640
<v Speaker 1>I have nothing negative to say about her, but she's

0:29:53.680 --> 0:29:58.240
<v Speaker 1>a very conservative judge, and she takes jury convictions very seriously.

0:29:59.040 --> 0:30:02.240
<v Speaker 1>She vacates my com the district attorney at the time

0:30:02.520 --> 0:30:06.000
<v Speaker 1>appeals it to the appellate court. The appellate court overturns

0:30:06.000 --> 0:30:08.640
<v Speaker 1>her and reinstates my conviction. So now I went from

0:30:08.840 --> 0:30:12.400
<v Speaker 1>life sentence, no life sentence, life sentence again. So you

0:30:12.440 --> 0:30:15.320
<v Speaker 1>want to talk about mental gymnastics and trying to keep

0:30:15.360 --> 0:30:17.960
<v Speaker 1>your mind right, you know, trying to stay focused. I'm

0:30:18.040 --> 0:30:20.840
<v Speaker 1>literally being twisted and pulled upside down. I got my

0:30:20.920 --> 0:30:23.560
<v Speaker 1>hopes up. Now my conviction's been overturned. It looks like

0:30:23.560 --> 0:30:25.120
<v Speaker 1>I'm going home. He came in there and told him

0:30:25.160 --> 0:30:27.040
<v Speaker 1>it was him. It wasn't me. I got to be

0:30:27.080 --> 0:30:31.960
<v Speaker 1>about to go home now, right, Yeah. No, No, they

0:30:32.000 --> 0:30:33.720
<v Speaker 1>overturned it. They say I should have got him to

0:30:33.760 --> 0:30:36.320
<v Speaker 1>testify before I went to trial or at my trial.

0:30:36.320 --> 0:30:39.800
<v Speaker 1>I didn't practice due diligence, so therefore it doesn't count.

0:30:40.960 --> 0:30:42.880
<v Speaker 3>Right. That's sort of like how there used to be

0:30:42.960 --> 0:30:45.080
<v Speaker 3>these laws. Like in Virginia, there was a twenty one

0:30:45.160 --> 0:30:47.680
<v Speaker 3>day rule, you know by that, whichpecially meant that after

0:30:47.720 --> 0:30:50.520
<v Speaker 3>twenty two days, if the dead guy walked in the

0:30:50.560 --> 0:30:52.800
<v Speaker 3>courtroom and was like, hey, wait a minute, you guys

0:30:52.800 --> 0:30:56.360
<v Speaker 3>made a mistake. I'm still alive, didn't matter because you're

0:30:56.400 --> 0:30:58.880
<v Speaker 3>too late. So that's basically what they were saying. They

0:30:59.000 --> 0:31:02.280
<v Speaker 3>wanted you to be basically Clarence Darrow, you know, and

0:31:02.360 --> 0:31:05.920
<v Speaker 3>Colombo mixed up in one and produce a witness before

0:31:05.960 --> 0:31:08.000
<v Speaker 3>the trial when he was still hoping that he was

0:31:08.000 --> 0:31:08.800
<v Speaker 3>going to exact it.

0:31:08.840 --> 0:31:11.000
<v Speaker 1>I mean, who can he's hoping that he's going to

0:31:11.040 --> 0:31:12.880
<v Speaker 1>get out too. How How am I going to know

0:31:13.280 --> 0:31:15.440
<v Speaker 1>that he's going to testify and get up there and

0:31:15.440 --> 0:31:17.000
<v Speaker 1>tell them I didn't have anything to do with it.

0:31:17.160 --> 0:31:20.320
<v Speaker 1>I mean, what what what co defendant? That doesn't happen

0:31:20.400 --> 0:31:22.920
<v Speaker 1>very often. It was me, it wasn't him. Yeah, especially

0:31:22.920 --> 0:31:25.040
<v Speaker 1>when it's the rest of his life in prison exact

0:31:25.080 --> 0:31:27.440
<v Speaker 1>that he's facing for saying that exactly.

0:31:27.480 --> 0:31:30.240
<v Speaker 3>I mean, friends are friends. But that's that's a little much, right,

0:31:30.560 --> 0:31:34.880
<v Speaker 3>So on a technicality, they said to you, we don't

0:31:34.920 --> 0:31:35.720
<v Speaker 3>really give a fuck.

0:31:35.880 --> 0:31:38.720
<v Speaker 1>Yeah, go spend the rest of your life in prison anyway.

0:31:38.640 --> 0:31:41.480
<v Speaker 3>And next time this happens to you, make sure you

0:31:41.520 --> 0:31:43.720
<v Speaker 3>get to us a little bit earlier. Yeah, basically, right,

0:31:43.760 --> 0:31:46.160
<v Speaker 3>So now you got that, So then what happens so

0:31:46.480 --> 0:31:47.080
<v Speaker 3>because you're here?

0:31:47.280 --> 0:31:51.040
<v Speaker 1>Yeah, yeah, yeah, So I appealed it to the Supreme Court.

0:31:51.120 --> 0:31:54.000
<v Speaker 1>The Supreme Court deniy me, so my conviction is reinstated.

0:31:54.400 --> 0:31:57.000
<v Speaker 1>So this is the craziest story I'm about to tell you, Jason.

0:31:57.040 --> 0:31:58.800
<v Speaker 1>And I don't know if you're a spiritual person. I

0:31:58.800 --> 0:32:02.000
<v Speaker 1>don't know if anybody listening is spiritual person. But this is,

0:32:02.200 --> 0:32:06.200
<v Speaker 1>honest to God, exactly what happened. And the tattoo on

0:32:06.240 --> 0:32:08.400
<v Speaker 1>my right arm right here that you're looking at Code

0:32:08.400 --> 0:32:11.280
<v Speaker 1>of Criminal Procedure Article eight fifty one point five with

0:32:11.400 --> 0:32:14.040
<v Speaker 1>the angel wings, that's my angel. That was my sent

0:32:14.080 --> 0:32:16.680
<v Speaker 1>from God right there. I'm in prison. I'm in the

0:32:16.720 --> 0:32:19.080
<v Speaker 1>whole for a knife fight. I had a fight with

0:32:19.120 --> 0:32:21.000
<v Speaker 1>a guy. He pulled a knife out on man stab me.

0:32:21.440 --> 0:32:23.720
<v Speaker 1>So I'm in the hole in a cell by myself.

0:32:24.720 --> 0:32:28.200
<v Speaker 1>Get the letter from the Supreme Court saying that basically

0:32:28.400 --> 0:32:31.560
<v Speaker 1>you're fucked. We've reviewed it. We felt that the appellate

0:32:31.600 --> 0:32:34.040
<v Speaker 1>Court made the right decision. You didn't practice due diligence.

0:32:34.360 --> 0:32:36.800
<v Speaker 1>Your convictions reinstated. You got to go spend the rest

0:32:36.840 --> 0:32:38.880
<v Speaker 1>of your life in prison. That's basically what they told

0:32:38.920 --> 0:32:41.800
<v Speaker 1>me upon getting that letter. I'm in the whole. I

0:32:41.840 --> 0:32:44.200
<v Speaker 1>have nothing. I have no books, i have no none

0:32:44.240 --> 0:32:46.480
<v Speaker 1>of my legal work with me. I'm just in there,

0:32:46.520 --> 0:32:49.440
<v Speaker 1>basically with myself and in a cell. And I got

0:32:49.440 --> 0:32:53.560
<v Speaker 1>down on my knees and I started praying, and I said, God,

0:32:53.760 --> 0:32:55.240
<v Speaker 1>I don't know what you're trying to get out of me.

0:32:55.600 --> 0:32:57.280
<v Speaker 1>I don't know if you're real, I don't know if

0:32:57.280 --> 0:33:00.360
<v Speaker 1>you're listening to me. I don't know anything. All I

0:33:00.400 --> 0:33:02.560
<v Speaker 1>know is I don't know how much longer I can

0:33:02.640 --> 0:33:05.280
<v Speaker 1>make it like this because I did everything I could do.

0:33:05.920 --> 0:33:08.200
<v Speaker 1>You know, my heart, you know I didn't do this.

0:33:08.280 --> 0:33:09.840
<v Speaker 1>You knew I didn't have anything to do with this.

0:33:10.920 --> 0:33:14.320
<v Speaker 1>I need some help, please. As I'm on my knees

0:33:14.360 --> 0:33:16.959
<v Speaker 1>praying that I had read this auto called the law before.

0:33:17.440 --> 0:33:18.840
<v Speaker 1>Just you know, when you're in jail, that's one of

0:33:18.840 --> 0:33:20.320
<v Speaker 1>the things you do, especially when you're trying to work

0:33:20.320 --> 0:33:21.800
<v Speaker 1>on your case. You read all kinds of stuff in

0:33:21.840 --> 0:33:23.600
<v Speaker 1>the law and stuff like that. But I didn't have

0:33:23.640 --> 0:33:25.840
<v Speaker 1>a law book in front of me. But for some reason,

0:33:25.840 --> 0:33:28.920
<v Speaker 1>this just just kept replaying in my mind over and

0:33:28.960 --> 0:33:31.360
<v Speaker 1>over again. And I'm not trying to sound like because

0:33:31.400 --> 0:33:34.800
<v Speaker 1>I'm not some super holy religious person anything like that.

0:33:34.880 --> 0:33:37.920
<v Speaker 1>I believe in God. I believe in spiritual life and stuff,

0:33:37.960 --> 0:33:40.600
<v Speaker 1>but man, I'm, you know, far from a preacher anything

0:33:40.680 --> 0:33:42.480
<v Speaker 1>like that. But I'm telling you, I believe in my

0:33:42.560 --> 0:33:45.000
<v Speaker 1>whole heart that was God speaking to me in my

0:33:45.080 --> 0:33:47.920
<v Speaker 1>head about this allticulored law right here. So I go

0:33:48.000 --> 0:33:50.040
<v Speaker 1>to court for my hearing to put everything on the

0:33:50.080 --> 0:33:53.160
<v Speaker 1>record to state, you know, basically on the record with

0:33:53.240 --> 0:33:55.400
<v Speaker 1>the Supreme Court had said, and they're ruling and they're

0:33:55.400 --> 0:33:57.200
<v Speaker 1>going to reinstate my conviction and send me back to

0:33:57.240 --> 0:33:59.600
<v Speaker 1>Angola for the rest of my life. As I go

0:33:59.640 --> 0:34:02.280
<v Speaker 1>in there, my attorney I bring it up to her.

0:34:02.320 --> 0:34:04.360
<v Speaker 1>I said, you know, are you familiar with Cote of

0:34:04.400 --> 0:34:07.840
<v Speaker 1>Criminal Procedure Article eight fifty one five And she's like, no,

0:34:07.920 --> 0:34:09.600
<v Speaker 1>not really. And this is a woman who's been an

0:34:09.640 --> 0:34:11.880
<v Speaker 1>attorney for over twenty five years. At the time, she

0:34:12.000 --> 0:34:14.920
<v Speaker 1>was not only an assistant district attorney who prosecuted people.

0:34:15.120 --> 0:34:17.920
<v Speaker 1>Then she went and she was an attorney, a defense attorney,

0:34:18.080 --> 0:34:20.880
<v Speaker 1>worked all kind of federal cases. Lourd White's she's now

0:34:20.960 --> 0:34:23.840
<v Speaker 1>chief judge of criminal court. She knows as shit. She

0:34:23.960 --> 0:34:28.200
<v Speaker 1>knows the law right, She wasn't familiar with it. She said,

0:34:28.200 --> 0:34:29.040
<v Speaker 1>tell me what it says.

0:34:29.080 --> 0:34:32.480
<v Speaker 3>And your education at this point was what eighth grade.

0:34:32.520 --> 0:34:37.120
<v Speaker 3>I had a ged okay, okay, bring it to that.

0:34:37.280 --> 0:34:40.280
<v Speaker 1>Yeah. I bring it to her, and she's like, well,

0:34:40.400 --> 0:34:42.839
<v Speaker 1>I mean all she could do is say, I mean what,

0:34:43.320 --> 0:34:45.040
<v Speaker 1>they're going to give your life anyway, there's nothing else

0:34:45.080 --> 0:34:46.880
<v Speaker 1>they can do. We might as well try it. So

0:34:46.920 --> 0:34:48.279
<v Speaker 1>I said, yeah, just go up to her and talk

0:34:48.320 --> 0:34:50.879
<v Speaker 1>to her and see what she'll do. So she has

0:34:50.920 --> 0:34:52.920
<v Speaker 1>to tell the assistant district attorney that she's going to

0:34:53.000 --> 0:34:55.400
<v Speaker 1>go to the judge and ask for continuing so that

0:34:55.440 --> 0:34:58.040
<v Speaker 1>she can file a formal motion based upon this order

0:34:58.080 --> 0:35:01.720
<v Speaker 1>called the law. The prosecutor at the turns and looks

0:35:01.760 --> 0:35:04.399
<v Speaker 1>at me when she says it. She turned it and looked

0:35:04.400 --> 0:35:06.840
<v Speaker 1>at me in my face and started laughing in my face,

0:35:07.440 --> 0:35:09.520
<v Speaker 1>basically trying to make me feel like, you idiot, What

0:35:09.560 --> 0:35:11.640
<v Speaker 1>do you know about the law? You know, because I

0:35:11.640 --> 0:35:13.239
<v Speaker 1>guess she had told you, my client wants me to

0:35:13.320 --> 0:35:15.520
<v Speaker 1>raise this issue. What whatever. She goes up there, talks

0:35:15.520 --> 0:35:17.000
<v Speaker 1>to the judge to judge says, you know what, I

0:35:17.040 --> 0:35:20.480
<v Speaker 1>want to hear more about that that sounds intriguing. Grants

0:35:20.520 --> 0:35:24.200
<v Speaker 1>me a continuance. We filed emotion. The state opposers at YadA, YadA, YadA.

0:35:24.200 --> 0:35:26.960
<v Speaker 1>We go back, we rule, she grants me another neutrial.

0:35:27.960 --> 0:35:30.399
<v Speaker 1>A judge who I can't name, one other person she's

0:35:30.400 --> 0:35:33.080
<v Speaker 1>granted a new trial for grants me a second neutrial,

0:35:33.120 --> 0:35:35.759
<v Speaker 1>this time based upon this order called a law right here.

0:35:36.400 --> 0:35:38.319
<v Speaker 1>So now, as bad as I want to get my

0:35:38.400 --> 0:35:41.640
<v Speaker 1>hopes up, like okay, this might really be it, I'm thinking,

0:35:41.680 --> 0:35:43.480
<v Speaker 1>you know what, I went through this before and the

0:35:43.800 --> 0:35:46.520
<v Speaker 1>appellate court shot me down and they reinstated it. Let

0:35:46.600 --> 0:35:48.560
<v Speaker 1>me see how this is going to play out. Goes

0:35:48.600 --> 0:35:50.920
<v Speaker 1>back in front the same Fourth Circuit Court of Appeals.

0:35:51.200 --> 0:35:55.080
<v Speaker 1>What happens. They uphold it, They say, yes, you have

0:35:55.160 --> 0:35:57.440
<v Speaker 1>to give them a new trial. They appeal it to

0:35:57.480 --> 0:36:00.120
<v Speaker 1>the same Supreme Court that upheld it before and that

0:36:00.160 --> 0:36:02.520
<v Speaker 1>I had to go do life. The Supreme Court comes

0:36:02.560 --> 0:36:05.120
<v Speaker 1>back and says, we uphold it, you have to grant

0:36:05.160 --> 0:36:08.359
<v Speaker 1>them a new trial. So they finally grant me a

0:36:08.400 --> 0:36:11.160
<v Speaker 1>new trial. So I get a new trial, and I'm thinking,

0:36:11.160 --> 0:36:13.120
<v Speaker 1>all right, this is it. You know, I got a

0:36:13.160 --> 0:36:16.560
<v Speaker 1>new trial. My co defendant confessed, said I didn't have

0:36:16.600 --> 0:36:18.440
<v Speaker 1>anything to do with it. They gotta be about to

0:36:18.520 --> 0:36:20.680
<v Speaker 1>let me go home now, right. This is two thousand

0:36:20.680 --> 0:36:21.000
<v Speaker 1>and eight.

0:36:21.200 --> 0:36:22.560
<v Speaker 3>By the way, people that listened to the show, No,

0:36:22.640 --> 0:36:24.560
<v Speaker 3>I've never he this quiet for this long. But I'm

0:36:24.600 --> 0:36:27.400
<v Speaker 3>just sitting here like my eyes blazed over, like the

0:36:27.680 --> 0:36:29.440
<v Speaker 3>yeah story is this?

0:36:29.560 --> 0:36:31.799
<v Speaker 1>Yeah yeah yeah, so and you can read about this.

0:36:31.800 --> 0:36:34.120
<v Speaker 1>This is fact. This is on my docketmaster. You can

0:36:34.160 --> 0:36:37.360
<v Speaker 1>read about this. So they changed the prosecutors on my

0:36:37.440 --> 0:36:40.000
<v Speaker 1>case because that's what they do every so often. So

0:36:40.080 --> 0:36:43.040
<v Speaker 1>I get two new prosecutors on my case, one of

0:36:43.080 --> 0:36:46.080
<v Speaker 1>whom as I'm in one of my hearings, because they

0:36:46.160 --> 0:36:47.719
<v Speaker 1>saying they're gonna take me to trial again. This is

0:36:47.760 --> 0:36:49.959
<v Speaker 1>after my appeal has been granted. I get a new trial.

0:36:50.120 --> 0:36:52.359
<v Speaker 1>They still won't just drop it. They saying they have

0:36:52.480 --> 0:36:54.080
<v Speaker 1>you know, they might bring me to trial. They deciding

0:36:54.120 --> 0:36:55.520
<v Speaker 1>what they're going to do. So I'm sitting in prison

0:36:55.600 --> 0:36:58.799
<v Speaker 1>all this time waiting. She goes to my mother and

0:36:58.880 --> 0:37:02.279
<v Speaker 1>tells my mother, ma'am, I know you've been through a

0:37:02.280 --> 0:37:05.080
<v Speaker 1>lot with this. We're gonna drop it. The worst thing

0:37:05.120 --> 0:37:06.839
<v Speaker 1>might happen is we're gonna give him credit for time

0:37:06.880 --> 0:37:08.600
<v Speaker 1>serve and he plead to all lesser charge and will

0:37:08.680 --> 0:37:12.120
<v Speaker 1>let him out. Tells that to my mother, the district attorney,

0:37:12.160 --> 0:37:14.560
<v Speaker 1>not my lawyer or not someone who works for the state.

0:37:14.719 --> 0:37:16.920
<v Speaker 1>The lady who's prosecuting me, goes and tells that to

0:37:17.000 --> 0:37:19.279
<v Speaker 1>my mother. This is in September two thousand and eight,

0:37:19.320 --> 0:37:21.000
<v Speaker 1>when I'm about to go to court. So I'm like,

0:37:21.280 --> 0:37:23.120
<v Speaker 1>this is it. You know, I'm gone. I'm about to

0:37:23.160 --> 0:37:25.640
<v Speaker 1>get out the day before I'm about to go to

0:37:25.680 --> 0:37:28.919
<v Speaker 1>court for that. I'm on my tier in my cell

0:37:29.160 --> 0:37:31.439
<v Speaker 1>right at the time, I was called a tear rep

0:37:31.440 --> 0:37:33.759
<v Speaker 1>in a prison, which is basically I'm in charge of,

0:37:33.960 --> 0:37:36.080
<v Speaker 1>you know, stuff on a tier, making sure everything goes right.

0:37:36.560 --> 0:37:38.600
<v Speaker 1>They had two officers that came down there. They had

0:37:38.600 --> 0:37:41.200
<v Speaker 1>a guy that yelled something out the gate. And I

0:37:41.239 --> 0:37:42.840
<v Speaker 1>had been talking to one of the officers because he

0:37:42.920 --> 0:37:45.000
<v Speaker 1>used to work in my court section, and He's asking

0:37:45.000 --> 0:37:47.000
<v Speaker 1>me what's going on my case, and so I'm telling

0:37:47.080 --> 0:37:48.440
<v Speaker 1>him like, yeah, man, I'm about to get out. I

0:37:48.480 --> 0:37:50.080
<v Speaker 1>go to court tomorrow. They saying they're gonna drop and

0:37:50.080 --> 0:37:52.920
<v Speaker 1>give me credit for time serve. I'm about to go home. Well,

0:37:52.920 --> 0:37:55.759
<v Speaker 1>the other officer hears him saying that. He comes over

0:37:55.760 --> 0:37:58.040
<v Speaker 1>there and calls me to come back there. Ask me

0:37:58.080 --> 0:38:00.759
<v Speaker 1>who was the guy who just yells I, man, I

0:38:00.760 --> 0:38:02.440
<v Speaker 1>don't know. You know, you don't tell on people. You know,

0:38:02.480 --> 0:38:04.480
<v Speaker 1>that's that's just a rule. It's just you know, you're

0:38:04.520 --> 0:38:07.000
<v Speaker 1>not supposed to tell on another man. So he takes

0:38:07.040 --> 0:38:09.120
<v Speaker 1>me out. They bring me in a closet and lock

0:38:09.200 --> 0:38:11.640
<v Speaker 1>me in there, beat the dog shit out of me.

0:38:12.800 --> 0:38:15.040
<v Speaker 1>Says I know you're supposed to go home tomorrow. I

0:38:15.080 --> 0:38:16.719
<v Speaker 1>want you to hit me back so I can rebook you.

0:38:16.760 --> 0:38:18.919
<v Speaker 1>I'm gonna make sure you're never go home. In my mind,

0:38:19.080 --> 0:38:21.120
<v Speaker 1>I'm feeling like this is my test. I'm like, you

0:38:21.160 --> 0:38:23.680
<v Speaker 1>know what I said, I don't even want to hit

0:38:23.719 --> 0:38:25.520
<v Speaker 1>you. You're not even worth it. I said, you don't even

0:38:25.560 --> 0:38:27.600
<v Speaker 1>hit hard enough to make me hit you. All I

0:38:27.640 --> 0:38:29.239
<v Speaker 1>want is my freedom. I don't care what you do

0:38:29.320 --> 0:38:32.719
<v Speaker 1>to me. I'm going home tomorrow. Beat the dog shit

0:38:32.719 --> 0:38:34.279
<v Speaker 1>out of me. It's in my medical you know, they

0:38:34.280 --> 0:38:36.279
<v Speaker 1>send me to medical or whatever. I didn't have any

0:38:36.320 --> 0:38:37.920
<v Speaker 1>right up. I didn't even do anything wrong. They just

0:38:37.920 --> 0:38:39.319
<v Speaker 1>did it because they thought I was about to get out,

0:38:39.320 --> 0:38:41.160
<v Speaker 1>and they were trying to get me to get another charge.

0:38:41.440 --> 0:38:44.520
<v Speaker 1>I go to court the next day. They changed prosecutors again,

0:38:45.040 --> 0:38:46.920
<v Speaker 1>and this time the one that comes on my case says,

0:38:46.960 --> 0:38:50.080
<v Speaker 1>no deals, We're taking them to trial again. So now

0:38:50.920 --> 0:38:54.600
<v Speaker 1>I got my hopes up again. This is September two

0:38:54.600 --> 0:38:58.960
<v Speaker 1>thousand and eight, and now I'm just like but I'm like,

0:38:59.120 --> 0:39:01.160
<v Speaker 1>I can't give up because I feel like, I know

0:39:01.280 --> 0:39:04.319
<v Speaker 1>this conviction didn't get overturned for nothing. So in my mind,

0:39:04.360 --> 0:39:05.960
<v Speaker 1>I'm like, all right, well we're gonna go to trialing

0:39:06.200 --> 0:39:09.120
<v Speaker 1>and I'm gonna call my code defendant and understand this

0:39:09.239 --> 0:39:11.880
<v Speaker 1>time he's gonna come testifying front the jury. And they

0:39:11.920 --> 0:39:14.480
<v Speaker 1>got this same police officer who's saying he's gonna, you know,

0:39:14.520 --> 0:39:17.799
<v Speaker 1>he's gonna testify and say what he saw. So I'm

0:39:17.840 --> 0:39:19.880
<v Speaker 1>getting ready preparations to go to trial again. I was

0:39:19.880 --> 0:39:22.120
<v Speaker 1>supposed to go to trial November of two thousand and eight.

0:39:22.760 --> 0:39:25.799
<v Speaker 1>Two days before I'm supposed to go to trial, I

0:39:25.840 --> 0:39:31.680
<v Speaker 1>have a meet with my attorney. She's literally in tears

0:39:32.680 --> 0:39:36.520
<v Speaker 1>begging me to take a plea Barkin, and I'm telling him,

0:39:36.640 --> 0:39:38.440
<v Speaker 1>you know, man, I just I just I don't want

0:39:38.440 --> 0:39:39.959
<v Speaker 1>to give up. You know, I feel like we fought

0:39:40.000 --> 0:39:42.160
<v Speaker 1>all this, you know, we got it going. I'm innocent.

0:39:42.239 --> 0:39:44.200
<v Speaker 1>She's like, I know you're an innocent thing. She's like,

0:39:44.280 --> 0:39:46.719
<v Speaker 1>but I'm telling you right now it's your word and

0:39:46.760 --> 0:39:49.200
<v Speaker 1>your friend's word against a cop, and I don't believe

0:39:49.200 --> 0:39:51.480
<v Speaker 1>that they're gonna believe y'all. She's like, listen, I've been

0:39:51.480 --> 0:39:54.000
<v Speaker 1>doing this a long time. She's like, I'm just telling you.

0:39:54.719 --> 0:39:56.600
<v Speaker 1>It's a gut instinct. I have them. She's like, if

0:39:56.640 --> 0:39:58.600
<v Speaker 1>you go to trial again, I think you're gonna get

0:39:58.600 --> 0:40:00.799
<v Speaker 1>convicted again. She's like, you need to take this plea.

0:40:00.880 --> 0:40:03.520
<v Speaker 1>Please take this plea. So I thought about it. I

0:40:03.520 --> 0:40:05.120
<v Speaker 1>thought he about it. I fought with it. I said,

0:40:05.120 --> 0:40:07.920
<v Speaker 1>all right, I take the plea. The plea bargain they

0:40:07.960 --> 0:40:11.120
<v Speaker 1>offered me was I plead guilty to manslaughter. Right. They

0:40:11.120 --> 0:40:13.799
<v Speaker 1>put a cap on it at fifteen years, and leave

0:40:13.800 --> 0:40:16.640
<v Speaker 1>it up to my judge to sentence me to say,

0:40:16.680 --> 0:40:19.399
<v Speaker 1>you know what she's gonna sentence me to. They're gonna

0:40:19.400 --> 0:40:22.320
<v Speaker 1>do a pre sentenced investigation, you know, look into my background,

0:40:22.360 --> 0:40:24.480
<v Speaker 1>looking to my housing, you know, talk to me. The

0:40:24.640 --> 0:40:26.839
<v Speaker 1>probation people, come talk to me all this and leave

0:40:26.840 --> 0:40:28.359
<v Speaker 1>it up to the judge who's giving me two new

0:40:28.360 --> 0:40:30.920
<v Speaker 1>trials on what she's gonna give me. So I'm thinking, okay,

0:40:31.280 --> 0:40:32.960
<v Speaker 1>you know I should be all right, I should at

0:40:33.040 --> 0:40:37.319
<v Speaker 1>least get out on this right go to court. When

0:40:37.320 --> 0:40:39.600
<v Speaker 1>I go to court from my sentence and they have

0:40:39.680 --> 0:40:41.680
<v Speaker 1>a man in there who they're saying, is that the

0:40:41.719 --> 0:40:43.680
<v Speaker 1>guy who was killed? They're saying it was his father.

0:40:44.480 --> 0:40:46.279
<v Speaker 1>I'm gonna tell you about this. This is crazy. I

0:40:46.320 --> 0:40:48.439
<v Speaker 1>still to this day don't believe this was this guy's dad.

0:40:49.280 --> 0:40:50.040
<v Speaker 3>Actor.

0:40:50.239 --> 0:40:53.000
<v Speaker 1>Yeah, they don't have the same name. I don't even

0:40:53.000 --> 0:40:54.600
<v Speaker 1>believe he could tell you what the guy looks like.

0:40:54.920 --> 0:40:56.960
<v Speaker 1>They put him on the stand. He gets up there

0:40:57.000 --> 0:40:59.479
<v Speaker 1>and says, I've had two heart attacks and a stroke

0:40:59.520 --> 0:41:01.960
<v Speaker 1>since my un died. The family can't get over it.

0:41:01.960 --> 0:41:05.240
<v Speaker 1>We're so hurt, heartbroken. He needs to be in prison

0:41:05.280 --> 0:41:07.080
<v Speaker 1>for the rest of his life. Why are y'all considering

0:41:07.160 --> 0:41:07.759
<v Speaker 1>letting him out?

0:41:08.120 --> 0:41:12.360
<v Speaker 3>He didn't say, we really miss a convicted murdering major

0:41:12.400 --> 0:41:13.360
<v Speaker 3>heroin dealing.

0:41:14.360 --> 0:41:15.480
<v Speaker 1>Yeah, so check this out.

0:41:17.000 --> 0:41:18.920
<v Speaker 3>He say that he made it sound like it was

0:41:18.960 --> 0:41:20.200
<v Speaker 3>a choir boy exactly.

0:41:20.800 --> 0:41:24.319
<v Speaker 1>So my attorney says, well, sir, all due respect to

0:41:24.360 --> 0:41:26.600
<v Speaker 1>you and your family. All due respect to what y'all lost.

0:41:26.640 --> 0:41:30.360
<v Speaker 1>Your son was convicted of manslaughter. Also, he served six years.

0:41:31.400 --> 0:41:33.800
<v Speaker 1>You felt like that was an adequate sentence for him.

0:41:34.120 --> 0:41:36.319
<v Speaker 1>Why are you so opposed to this man getting the

0:41:36.360 --> 0:41:38.680
<v Speaker 1>same amount of time for the time that your son

0:41:38.719 --> 0:41:41.000
<v Speaker 1>did for the same crime. My son's never been in

0:41:41.080 --> 0:41:44.200
<v Speaker 1>jail before in his life. Everybody looks, even the DA

0:41:44.320 --> 0:41:47.920
<v Speaker 1>looks like they're like, oh shit, we're busted. My son's

0:41:47.920 --> 0:41:49.359
<v Speaker 1>never been in jail before. I don't know what y'all

0:41:49.400 --> 0:41:51.440
<v Speaker 1>talking about. You don't know your son was in prison

0:41:51.480 --> 0:41:53.840
<v Speaker 1>for six years. You don't know your son was arrested

0:41:53.840 --> 0:41:56.520
<v Speaker 1>for murder. Do you know who they even talking about

0:41:56.600 --> 0:41:58.279
<v Speaker 1>right now? Who the fuck are you, dude? What are

0:41:58.320 --> 0:42:00.879
<v Speaker 1>you even doing here? So the judge gets mad, She says,

0:42:00.880 --> 0:42:02.040
<v Speaker 1>you know what, We're not going to go through this

0:42:02.080 --> 0:42:04.920
<v Speaker 1>line of question. You're badgering this witness. They stayed objects

0:42:04.920 --> 0:42:06.960
<v Speaker 1>to it. They say, you don't have to answer that, sir,

0:42:07.239 --> 0:42:09.400
<v Speaker 1>and he's adamant. My son was never in jail. My

0:42:09.480 --> 0:42:12.640
<v Speaker 1>son was never in jail. It was some crackhead looking

0:42:12.680 --> 0:42:14.480
<v Speaker 1>dude off the street. I don't know if they told

0:42:14.560 --> 0:42:17.160
<v Speaker 1>him that I killed his son and it was somebody else.

0:42:17.160 --> 0:42:18.360
<v Speaker 1>I don't know if he was just an actor. I

0:42:18.400 --> 0:42:20.400
<v Speaker 1>don't know what the story was, but this didn't make

0:42:20.400 --> 0:42:25.520
<v Speaker 1>any fucking sense. Wow, he gets off the stand. The

0:42:25.600 --> 0:42:29.600
<v Speaker 1>judge's mad. She gives me fifteen years. So now, even

0:42:29.600 --> 0:42:32.319
<v Speaker 1>the parole officer who came and talked to me, who

0:42:32.600 --> 0:42:35.840
<v Speaker 1>did the pre sense investigation, told me his recommendation was

0:42:35.880 --> 0:42:37.920
<v Speaker 1>no more than ten years, but he didn't feel like

0:42:37.960 --> 0:42:40.040
<v Speaker 1>it was necessary to keep me in any longer. He

0:42:40.040 --> 0:42:42.040
<v Speaker 1>wouldn't have a problem with me getting credit for Tom

0:42:42.080 --> 0:42:46.120
<v Speaker 1>sertin getting out. Not only did she disregard that, Now

0:42:46.120 --> 0:42:48.640
<v Speaker 1>I gotta go through another seven years in prison before

0:42:48.680 --> 0:42:49.160
<v Speaker 1>I can get.

0:42:49.040 --> 0:42:53.520
<v Speaker 3>Out this story, ladies and gentlemen, his I don't even

0:42:53.560 --> 0:42:54.200
<v Speaker 3>know what to say.

0:42:54.640 --> 0:43:08.759
<v Speaker 4>I don't have the right words. You know.

0:43:08.840 --> 0:43:12.359
<v Speaker 3>One of the reasons that I really wanted to have

0:43:12.440 --> 0:43:16.000
<v Speaker 3>you on the show is that we are in the

0:43:16.040 --> 0:43:19.440
<v Speaker 3>midst of a lot of different crises in the criminal

0:43:19.560 --> 0:43:22.799
<v Speaker 3>justice system in America right now, but one of them

0:43:22.840 --> 0:43:27.000
<v Speaker 3>is something called the guilty plea problem. And people don't

0:43:27.040 --> 0:43:31.080
<v Speaker 3>realize that ninety five percent of the felony convictions in

0:43:31.080 --> 0:43:34.239
<v Speaker 3>the United States are obtained through guilty. Police on a

0:43:34.320 --> 0:43:38.600
<v Speaker 3>much more mundane level on much lesser crimes than dealing

0:43:38.600 --> 0:43:41.080
<v Speaker 3>with lesser sentences. Every day, all day in all these

0:43:41.120 --> 0:43:44.120
<v Speaker 3>courts in the country, tens of thousands of people every

0:43:44.200 --> 0:43:47.359
<v Speaker 3>day are faced with the same problem that you had,

0:43:47.480 --> 0:43:50.719
<v Speaker 3>which is their attorney. And here in New Orleans we

0:43:50.760 --> 0:43:53.560
<v Speaker 3>know that last year there were fifty two public defenders

0:43:53.560 --> 0:43:57.520
<v Speaker 3>who dealt with twenty thousand cases. Do the math. So

0:43:58.400 --> 0:44:03.680
<v Speaker 3>a lot of those public defenders who are underpaid, overworked,

0:44:03.880 --> 0:44:08.120
<v Speaker 3>that's madness, that's anarchy. So these people who are doing

0:44:08.360 --> 0:44:11.560
<v Speaker 3>something that I could only say is noble, are out

0:44:11.560 --> 0:44:14.040
<v Speaker 3>there every day, happened to meet with their clients, sometimes

0:44:14.040 --> 0:44:15.440
<v Speaker 3>for the first time on the day of their trial

0:44:16.440 --> 0:44:19.239
<v Speaker 3>and say to them, to the next Daniel, listen, the

0:44:19.320 --> 0:44:21.919
<v Speaker 3>best thing for you to do is plea guilty. And

0:44:22.040 --> 0:44:25.200
<v Speaker 3>that person, that kid is going but them innocent. They're going,

0:44:25.239 --> 0:44:28.200
<v Speaker 3>I know, but they're going to throw the book at you.

0:44:28.800 --> 0:44:33.200
<v Speaker 3>And so we are filling the prisons in jails with

0:44:33.560 --> 0:44:37.680
<v Speaker 3>people who are innocent. Because of the fact that our

0:44:37.719 --> 0:44:40.399
<v Speaker 3>public defender system is broken, as well as the rest

0:44:40.400 --> 0:44:43.600
<v Speaker 3>of the system, the scales of justice are so tilted

0:44:44.120 --> 0:44:47.440
<v Speaker 3>in the favor of the prosecution. You were playing. Actually

0:44:47.520 --> 0:44:51.240
<v Speaker 3>the highest stakes game of poker than anybody ever played,

0:44:52.400 --> 0:44:56.239
<v Speaker 3>other than the death sentence, because you had to either

0:44:56.280 --> 0:44:58.759
<v Speaker 3>put all your cars on the table and literally bet

0:44:58.760 --> 0:45:01.640
<v Speaker 3>your life, literally bet your life, and you would be

0:45:01.640 --> 0:45:04.160
<v Speaker 3>betting against a dealer that you know cheats.

0:45:04.320 --> 0:45:04.520
<v Speaker 4>Yeah.

0:45:04.560 --> 0:45:07.600
<v Speaker 1>Absolutely, you know they're hiding cards and there's nothing I

0:45:07.600 --> 0:45:08.640
<v Speaker 1>can do about them cheating.

0:45:08.680 --> 0:45:09.600
<v Speaker 3>And this was your last year.

0:45:09.719 --> 0:45:11.839
<v Speaker 1>Yeah, and that's what the attorneys tell you. They told

0:45:11.840 --> 0:45:13.399
<v Speaker 1>it to me, and I've heard I hear them say

0:45:13.400 --> 0:45:15.239
<v Speaker 1>it all the time because I work at criminal court.

0:45:15.239 --> 0:45:17.000
<v Speaker 1>Now it's like, do you want to take a chance

0:45:17.040 --> 0:45:19.320
<v Speaker 1>with the rest of your life? Yeah, you may be innocent,

0:45:19.400 --> 0:45:21.719
<v Speaker 1>you might not have done this crime, but look at

0:45:21.719 --> 0:45:25.120
<v Speaker 1>what you're facing. If this jury doesn't happen to believe you,

0:45:25.239 --> 0:45:28.560
<v Speaker 1>if they win, this is what you're gonna have. So

0:45:28.600 --> 0:45:30.239
<v Speaker 1>do you want to take that chance and think you're

0:45:30.239 --> 0:45:31.880
<v Speaker 1>gonna win? Or do you want to take this lesser

0:45:31.920 --> 0:45:34.840
<v Speaker 1>of two evils and at least know that you're getting

0:45:34.840 --> 0:45:37.240
<v Speaker 1>out one day or know what your fate.

0:45:37.080 --> 0:45:39.480
<v Speaker 3>Is gonna be because the work you're doing now it's fantastic.

0:45:39.520 --> 0:45:40.440
<v Speaker 3>Tell us about that.

0:45:40.440 --> 0:45:43.440
<v Speaker 1>All right, Well, it's kind of twofold. I work for

0:45:43.520 --> 0:45:47.840
<v Speaker 1>a criminal court now actually ironically the same criminal court

0:45:47.880 --> 0:45:50.320
<v Speaker 1>where I was convicted of second agree murder, which in

0:45:50.400 --> 0:45:54.239
<v Speaker 1>Louisiana is a mandatory life sentence, mandatory life, mandatory life.

0:45:54.239 --> 0:45:55.480
<v Speaker 3>And that's my first degree murder.

0:45:55.560 --> 0:45:58.440
<v Speaker 1>No, no, no, sir, that's second degree, second degree. I am

0:45:58.520 --> 0:46:01.040
<v Speaker 1>now the one of the cases managers for a re

0:46:01.200 --> 0:46:04.359
<v Speaker 1>entry program, which is a program that was instituted by

0:46:04.440 --> 0:46:07.839
<v Speaker 1>Judge Lurid White. It's an alternative to long term incarceration

0:46:08.440 --> 0:46:11.439
<v Speaker 1>for drug offenders and people who you know, have been

0:46:11.440 --> 0:46:15.240
<v Speaker 1>convicted maybe a few times for selling drugs, burglary, stuff

0:46:15.280 --> 0:46:17.600
<v Speaker 1>like that. As of now, the program has no quote

0:46:17.680 --> 0:46:21.120
<v Speaker 1>unquote violent offenders in it. These guys in Louisiana. There

0:46:21.160 --> 0:46:23.640
<v Speaker 1>are men right now in Louisiana State Penitentiary who've been

0:46:23.680 --> 0:46:25.520
<v Speaker 1>there since the seventies and the eighties.

0:46:25.400 --> 0:46:29.160
<v Speaker 3>For heroin drugs, just drugs, no violence.

0:46:28.800 --> 0:46:31.640
<v Speaker 1>No violence, none whatsoever. And most of them is very

0:46:31.680 --> 0:46:34.840
<v Speaker 1>small amounts of drugs, less than a gram, less than

0:46:34.880 --> 0:46:35.279
<v Speaker 1>an ounce.

0:46:35.400 --> 0:46:37.560
<v Speaker 3>I really admire the work that you're doing, thank you.

0:46:37.640 --> 0:46:41.920
<v Speaker 3>And it's really typical of the exenrees that have been

0:46:41.960 --> 0:46:44.200
<v Speaker 3>on the show and the group of exguneries' ex Hoonnery

0:46:44.320 --> 0:46:49.000
<v Speaker 3>Nation at large that you are devoting yourself to helping

0:46:49.040 --> 0:46:52.200
<v Speaker 3>other people. Yes, sir, it's so interesting that the group

0:46:52.280 --> 0:46:54.920
<v Speaker 3>of people that you could say are the most wronged

0:46:54.960 --> 0:46:57.560
<v Speaker 3>by society of anyone are the ones who are contributing

0:46:57.560 --> 0:46:59.959
<v Speaker 3>almost more to society as a group than any other group.

0:47:01.040 --> 0:47:01.840
<v Speaker 1>I appreciate that.

0:47:02.080 --> 0:47:05.680
<v Speaker 3>And now you have to wear that scarlet letter. You're

0:47:05.719 --> 0:47:10.960
<v Speaker 3>not technically an exonery even though you're innocent. And in

0:47:11.120 --> 0:47:15.080
<v Speaker 3>eighty four percent of the DNA exoneration plea cases, the

0:47:15.160 --> 0:47:20.320
<v Speaker 3>alternate perpetrator was identified. So you had somebody who pleaded

0:47:20.320 --> 0:47:23.680
<v Speaker 3>guilty and was proven innocent, and the altual perpetrator was

0:47:23.760 --> 0:47:26.600
<v Speaker 3>later identified. So there's in case there was ever any

0:47:26.640 --> 0:47:28.920
<v Speaker 3>doubt about the depth of the problem, the series is

0:47:29.000 --> 0:47:31.160
<v Speaker 3>the problem, and about the fact that it happens. There

0:47:31.239 --> 0:47:34.120
<v Speaker 3>you go and in your case, it's actually that's sort

0:47:34.160 --> 0:47:35.440
<v Speaker 3>of a similar case too, even though it's not a

0:47:35.520 --> 0:47:38.399
<v Speaker 3>DNA case. But the actual perpetrator was right there going, hey,

0:47:38.400 --> 0:47:40.600
<v Speaker 3>look at me, I'm the guy. I mean, that would

0:47:40.600 --> 0:47:43.719
<v Speaker 3>seem to be pretty strong evidence for any court to

0:47:43.719 --> 0:47:47.239
<v Speaker 3>look at. But you know, look, the fact is you're here,

0:47:47.480 --> 0:47:51.440
<v Speaker 3>You somehow or other survived. Let's just let's just look

0:47:51.520 --> 0:47:53.560
<v Speaker 3>back at this for a second. Of what we've discussed

0:47:53.600 --> 0:47:57.800
<v Speaker 3>over the last hour. You survived a shootout, a corrupt

0:47:58.040 --> 0:48:00.160
<v Speaker 3>system that wanted to put you away for the rest

0:48:00.160 --> 0:48:01.560
<v Speaker 3>of your life for something that they knew they you

0:48:01.560 --> 0:48:06.560
<v Speaker 3>didn't do, a hurricane, a flood, almost being roasted to death,

0:48:06.800 --> 0:48:10.680
<v Speaker 3>almost dying of smoke inhalation, being shot at, being stabbed,

0:48:11.239 --> 0:48:14.920
<v Speaker 3>being beaten. Did we mention almost dying of thirst? I

0:48:14.920 --> 0:48:18.319
<v Speaker 3>think we left that one out. Then you survived the

0:48:18.320 --> 0:48:21.319
<v Speaker 3>worst prison in the worst criminal justice system in the

0:48:21.360 --> 0:48:27.400
<v Speaker 3>western world, and another series of trials that were rigged

0:48:27.480 --> 0:48:31.840
<v Speaker 3>against you with an eighth grade education, just to sum

0:48:31.920 --> 0:48:36.440
<v Speaker 3>up one more time, and then from somewhere in the

0:48:36.480 --> 0:48:43.360
<v Speaker 3>depths of your consciousness or subconscious you pulled an obscure

0:48:44.040 --> 0:48:50.040
<v Speaker 3>legal doctrine right statute that I've never heard of that

0:48:50.280 --> 0:48:53.120
<v Speaker 3>I would bet if we went to Stanford Law School

0:48:53.200 --> 0:48:55.719
<v Speaker 3>right now and whipped that out, they'd be like, everybody

0:48:55.719 --> 0:49:00.480
<v Speaker 3>be scrambling for their textbooks, Like, what the that you

0:49:00.640 --> 0:49:03.640
<v Speaker 3>managed to get yourself free? What the hell can I say?

0:49:04.040 --> 0:49:06.360
<v Speaker 3>You have all my respect, and I think it's incredible

0:49:06.360 --> 0:49:09.319
<v Speaker 3>that you're here sharing the story, and I think there's

0:49:09.360 --> 0:49:11.520
<v Speaker 3>a lot more that we have to do together. Because

0:49:12.120 --> 0:49:13.840
<v Speaker 3>there's a lot of messages here. It's gonna take me

0:49:13.880 --> 0:49:16.600
<v Speaker 3>a while to process this. All I can do now

0:49:16.920 --> 0:49:20.080
<v Speaker 3>is ask you, is there any final thought that you

0:49:20.120 --> 0:49:22.840
<v Speaker 3>would like to share with the audience before we sign on?

0:49:23.120 --> 0:49:25.080
<v Speaker 1>I guess you know. My biggest thing that I tell

0:49:25.120 --> 0:49:26.759
<v Speaker 1>people ever did is you never know what you can

0:49:26.800 --> 0:49:28.839
<v Speaker 1>deal with until you don't have a choice, no matter

0:49:28.880 --> 0:49:30.759
<v Speaker 1>what's going on in your life. You know, whether you're

0:49:30.800 --> 0:49:33.360
<v Speaker 1>listening to this and you're dealing with cancer, you're dealing

0:49:33.360 --> 0:49:35.720
<v Speaker 1>with incarceration, are you dealing with the loss of someone

0:49:35.760 --> 0:49:37.879
<v Speaker 1>that you're dealing with, you know, a loss of a job,

0:49:38.000 --> 0:49:39.480
<v Speaker 1>or there just anything in your life. It seems like

0:49:39.520 --> 0:49:42.520
<v Speaker 1>it's insurmountable. If you still have breath in your body,

0:49:42.560 --> 0:49:45.680
<v Speaker 1>you can still fighting and you can still win. Don't

0:49:45.680 --> 0:49:46.120
<v Speaker 1>give up on.

0:49:46.160 --> 0:49:54.880
<v Speaker 3>Yourself, don't forget to give us a fantastic review wherever

0:49:54.920 --> 0:49:58.359
<v Speaker 3>you get your podcasts. It really helps. And I'm a

0:49:58.400 --> 0:50:01.359
<v Speaker 3>proud donor to the Innocis and I really hope you'll

0:50:01.440 --> 0:50:04.840
<v Speaker 3>join me in supporting this very important cause and helping

0:50:04.960 --> 0:50:08.880
<v Speaker 3>to prevent future wrongful convictions. Go to Innocentsproject dot org

0:50:09.000 --> 0:50:11.759
<v Speaker 3>to learn how to donate and get involved. I'd like

0:50:11.840 --> 0:50:14.800
<v Speaker 3>to thank our production team, Connor Hall and Kevin Wartis.

0:50:15.120 --> 0:50:17.400
<v Speaker 3>The music in the show is by three time OSCAR

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<v Speaker 3>nominated composer Jay Ralph. Be sure to follow us on

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<v Speaker 3>Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast.

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<v Speaker 3>Wrongful Conviction with Jason Flamm is a production of Lava

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<v Speaker 3>for Good Podcasts in association with Signal Company Number one