1 00:00:05,000 --> 00:00:08,880 Speaker 1: We initially released Kevin Dyk's story on September fourteenth, twenty twenty, 2 00:00:08,920 --> 00:00:12,640 Speaker 1: and an update in August of twenty twenty one. Since then, 3 00:00:12,920 --> 00:00:15,800 Speaker 1: our understanding is that some powerful people in the Los 4 00:00:15,800 --> 00:00:18,880 Speaker 1: Angeles District Attorney's Office under the leadership of George Gascon, 5 00:00:19,280 --> 00:00:24,080 Speaker 1: listened to our coverage and agreed that Kevin deserved relief. 6 00:00:25,040 --> 00:00:28,920 Speaker 1: He was resentenced, paroled, and released from prison on February 7 00:00:29,000 --> 00:00:33,879 Speaker 1: twenty first, twenty twenty four. We are so happy that 8 00:00:34,080 --> 00:00:38,320 Speaker 1: he is finally home where he belongs, as we continue 9 00:00:38,520 --> 00:00:43,159 Speaker 1: to hope for his full exoneration. Please check the episode description. 10 00:00:43,240 --> 00:00:45,440 Speaker 1: There's a link to his cash ap. He needs our 11 00:00:45,479 --> 00:00:48,040 Speaker 1: help as he struggles to get his life back together 12 00:00:48,120 --> 00:00:52,519 Speaker 1: after thirty eight long years in prison. Here's our coverage 13 00:00:52,560 --> 00:01:00,080 Speaker 1: of his story. As a child, in the late nineteen seventies, 14 00:01:00,160 --> 00:01:02,760 Speaker 1: Kevin Dykes accidentally killed his best friend when they were 15 00:01:02,800 --> 00:01:06,640 Speaker 1: playing with a gun, sending him to juvie for involuntary manslaughter. 16 00:01:06,959 --> 00:01:09,360 Speaker 1: When he got out, he turned to petty drug dealing 17 00:01:09,560 --> 00:01:13,560 Speaker 1: in Compton, California. Fast forward to nineteen eighty six. After 18 00:01:13,600 --> 00:01:16,560 Speaker 1: a terrible assault that led to a four month hospital stint, 19 00:01:16,680 --> 00:01:20,000 Speaker 1: Kevin continued peddling drugs from his temporary wheelchair for two 20 00:01:20,040 --> 00:01:23,080 Speaker 1: men named Slim and Hondo. Kevin rented a bed and 21 00:01:23,120 --> 00:01:25,800 Speaker 1: a trailer home in his landlord's driveway, where Slim and 22 00:01:25,840 --> 00:01:30,720 Speaker 1: Hondo occasionally hit weapons. That June, two incidents occurred just 23 00:01:30,800 --> 00:01:34,440 Speaker 1: days apart, resulting in one murder and two attempted murders. 24 00:01:34,800 --> 00:01:37,320 Speaker 1: The first during a party, when Kevin booted his friend 25 00:01:37,319 --> 00:01:40,960 Speaker 1: Ephram for being belligerently drunk. Slim and Hondo followed he from, 26 00:01:41,040 --> 00:01:45,160 Speaker 1: stabbing him several times. A neighborhood mother, Missus Bradley, came 27 00:01:45,240 --> 00:01:49,120 Speaker 1: to Ephraim's aid, only to get stabbed as well. Kevin intervened, 28 00:01:49,320 --> 00:01:52,160 Speaker 1: jumping from his wheelchair to stop the assault before it 29 00:01:52,200 --> 00:01:56,000 Speaker 1: turned fatal. A few days later, Slim and Hondo accused 30 00:01:56,040 --> 00:01:59,960 Speaker 1: Kevin's friend Otis Perry of stealing their gun from Kevin's trailer, 31 00:02:00,440 --> 00:02:04,440 Speaker 1: stabbing him eighty one times. Unable to stop the murderous 32 00:02:04,440 --> 00:02:07,320 Speaker 1: frenzy and fearing for his own life, Kevin helped them 33 00:02:07,360 --> 00:02:10,160 Speaker 1: clean up before going to the police a few hours later. 34 00:02:10,560 --> 00:02:13,520 Speaker 1: A few days after that, Kevin was arrested for cocaine 35 00:02:13,560 --> 00:02:17,000 Speaker 1: possession and put into a special holding tank for state's witnesses. 36 00:02:17,400 --> 00:02:21,320 Speaker 1: Then three jailhouse snitches claimed that Kevin had confessed to 37 00:02:21,440 --> 00:02:25,600 Speaker 1: all three attacks in exchange for leniency in their own cases. 38 00:02:26,040 --> 00:02:29,480 Speaker 1: Kevin Dykes is serving life in prison on the word 39 00:02:29,600 --> 00:02:35,200 Speaker 1: of three notorious jailhouse snitches. This is Wrongful Conviction with 40 00:02:35,280 --> 00:02:44,040 Speaker 1: Jason flamm Wrongful Conviction has always given voice to innocent 41 00:02:44,080 --> 00:02:47,320 Speaker 1: people in prison, and now we're expanding that voice to you. 42 00:02:48,040 --> 00:02:51,239 Speaker 1: Call us at eight three three two O seven four 43 00:02:51,320 --> 00:02:53,640 Speaker 1: six sixty six and tell us how these stories make 44 00:02:53,720 --> 00:02:56,160 Speaker 1: you feel and what you've done to help the cause, 45 00:02:56,480 --> 00:02:58,959 Speaker 1: even if it's something as simple as telling a friend 46 00:02:59,200 --> 00:03:02,200 Speaker 1: or sharing out social media, and you might just hear 47 00:03:02,240 --> 00:03:05,959 Speaker 1: yourself in a future episode. Call us A three three 48 00:03:06,160 --> 00:03:08,000 Speaker 1: two O seven four six sixty six. 49 00:03:18,160 --> 00:03:21,160 Speaker 2: This is Global taill Link. You have a prepaid call 50 00:03:21,320 --> 00:03:25,760 Speaker 2: from care an inmate at the California State Prison, Los 51 00:03:25,800 --> 00:03:30,600 Speaker 2: Angeles County, Lancaster, California. This call and your telephone number 52 00:03:30,639 --> 00:03:34,160 Speaker 2: will be monitored and recorded. To accept this call, say 53 00:03:34,400 --> 00:03:39,840 Speaker 2: or dial five now. Thank you for using globaltaill Link. 54 00:03:40,520 --> 00:03:43,440 Speaker 1: Welcome back to Wrawful Conviction with Jason Flomp. Today we 55 00:03:43,520 --> 00:03:46,320 Speaker 1: have an incredible story, so we're going to get right 56 00:03:46,360 --> 00:03:48,520 Speaker 1: into it, and I'm going to introduce you first to 57 00:03:49,120 --> 00:03:54,520 Speaker 1: Stephen K. Howser. He's a criminal defense attorney representing the 58 00:03:54,560 --> 00:03:58,280 Speaker 1: star of this episode, Kevin Diyke. Stephen, Welcome to Wrongful Conviction. 59 00:03:58,760 --> 00:03:59,960 Speaker 3: Thank you, glad to be here. 60 00:04:00,280 --> 00:04:03,200 Speaker 1: And Kevin Dykes is on the phone with us from prison, 61 00:04:03,520 --> 00:04:06,160 Speaker 1: and I hope we'll be able to do something about 62 00:04:06,200 --> 00:04:09,720 Speaker 1: his situation because it is awful. Kevin. I'm sorry you're 63 00:04:09,760 --> 00:04:12,600 Speaker 1: here where you are, but I'm happy you're here with 64 00:04:12,680 --> 00:04:13,920 Speaker 1: us today. So thank you for. 65 00:04:13,840 --> 00:04:16,440 Speaker 4: Being here, no problem, thank you for the opportunity. 66 00:04:17,400 --> 00:04:20,200 Speaker 1: This case goes back to Compton nineteen eighty six, and 67 00:04:20,320 --> 00:04:24,800 Speaker 1: it's got so much that you'll think I'm talking about 68 00:04:24,800 --> 00:04:27,479 Speaker 1: a movie script that would be too much to be believed, 69 00:04:27,640 --> 00:04:30,800 Speaker 1: except for it's real. It's got gangster's name Hondo and Slim. 70 00:04:30,839 --> 00:04:33,479 Speaker 1: It's got drugs, it's got snitches that ended up on 71 00:04:33,560 --> 00:04:37,520 Speaker 1: sixty minutes. It's got laws that changed, and victims who 72 00:04:37,560 --> 00:04:39,960 Speaker 1: testified that this was not the guy who did it. 73 00:04:39,960 --> 00:04:42,000 Speaker 1: It's got a guy who's in prison for three and 74 00:04:42,000 --> 00:04:44,760 Speaker 1: a half decades with no evidence against him except the 75 00:04:44,800 --> 00:04:49,320 Speaker 1: testimony of jailhouse snitches who have recanted their testimony. It 76 00:04:49,360 --> 00:04:53,800 Speaker 1: is nuts, but it's true. So let's get right into it. 77 00:04:54,279 --> 00:04:57,560 Speaker 1: And Kevin, let's start with you going back to your 78 00:04:58,080 --> 00:05:00,200 Speaker 1: youth because you grew up in common. 79 00:05:00,360 --> 00:05:03,839 Speaker 4: Right, Yes, I grew up good, two pay at homes 80 00:05:03,880 --> 00:05:06,560 Speaker 4: in the pop Water Sport. I actually had a real 81 00:05:06,640 --> 00:05:11,720 Speaker 4: good up bringing until I, uh, I think it's actually 82 00:05:11,920 --> 00:05:15,919 Speaker 4: saying I ended up actually killing my best friend. I 83 00:05:15,960 --> 00:05:19,000 Speaker 4: went for a voluntary man father, and I was sick too. 84 00:05:19,839 --> 00:05:22,200 Speaker 3: And for those of you who don't know, YA or 85 00:05:22,320 --> 00:05:24,560 Speaker 3: CYA is the California Youth Authority. 86 00:05:25,000 --> 00:05:28,640 Speaker 1: As I understand it, your friend's death was entirely accidental, 87 00:05:28,839 --> 00:05:31,760 Speaker 1: just two kids who made a big mistake playing with 88 00:05:31,839 --> 00:05:34,800 Speaker 1: a gun. But they still sent your way to Julie 89 00:05:34,920 --> 00:05:39,400 Speaker 1: for involuntary manslaughter. And I also understand that you harbor 90 00:05:39,520 --> 00:05:41,960 Speaker 1: a lot of guilt about this. Even though the family 91 00:05:42,200 --> 00:05:44,159 Speaker 1: forgave you, yes. 92 00:05:44,520 --> 00:05:46,920 Speaker 4: Just family, they stayed them directly across the street from 93 00:05:46,920 --> 00:05:49,640 Speaker 4: my family, even to the day, still film the same street. 94 00:05:50,880 --> 00:05:53,640 Speaker 4: Although the family had for given me, written me letters 95 00:05:53,640 --> 00:05:56,960 Speaker 4: and come to see me. When I got out, I 96 00:05:57,200 --> 00:06:01,920 Speaker 4: saw what idea to that family, and I didn't know 97 00:06:01,960 --> 00:06:05,359 Speaker 4: how to process. Although my mother and my father my 98 00:06:05,440 --> 00:06:07,840 Speaker 4: grandmother and all kind of people were trying to help me. 99 00:06:08,480 --> 00:06:11,960 Speaker 4: I didn't know how to ask for their help that 100 00:06:12,080 --> 00:06:15,920 Speaker 4: I actually needed. So I got Digris, a little deck grid. 101 00:06:15,880 --> 00:06:16,320 Speaker 5: To the King. 102 00:06:17,240 --> 00:06:20,000 Speaker 1: So the guilt kind of derailed your potential, it seems. 103 00:06:20,000 --> 00:06:23,600 Speaker 1: And after Juvie, you start dealing drugs and looking outside 104 00:06:23,640 --> 00:06:25,920 Speaker 1: of what seemed like a supportive home for whatever it 105 00:06:26,120 --> 00:06:31,960 Speaker 1: was that you felt you needed, acceptance, identity, whatever, out 106 00:06:31,960 --> 00:06:35,520 Speaker 1: in the street. So fast forward to January nineteen eighty six. 107 00:06:35,680 --> 00:06:39,600 Speaker 1: Some other really bad stuff happens January eighteenth. 108 00:06:39,760 --> 00:06:41,880 Speaker 4: So I try to kiddingap me. They try to cheat 109 00:06:41,880 --> 00:06:44,600 Speaker 4: them in front of my house. I followed. They ran 110 00:06:44,680 --> 00:06:46,840 Speaker 4: me through a brick wall. They both my inter smashed 111 00:06:46,839 --> 00:06:50,040 Speaker 4: my failings. So I went to the hospital January eighteenth 112 00:06:50,080 --> 00:06:52,320 Speaker 4: in dollars to May twenties. When I got out of 113 00:06:52,320 --> 00:06:54,320 Speaker 4: the hospital, I was in a wheelchair and I had 114 00:06:54,320 --> 00:06:56,200 Speaker 4: a walker, and I was going to a therapy. 115 00:06:56,800 --> 00:07:01,520 Speaker 1: Yes, someone tried to kidnap Kevin. So you fought them off, 116 00:07:01,640 --> 00:07:04,240 Speaker 1: and they ended up hitting you with their car against 117 00:07:04,240 --> 00:07:07,479 Speaker 1: a brick wall, broke your hips, snapped your pelvis, and 118 00:07:07,560 --> 00:07:10,320 Speaker 1: put you in the hospital for four months. I mean, 119 00:07:10,520 --> 00:07:12,920 Speaker 1: you're lucky to even be alive. And we haven't even 120 00:07:13,040 --> 00:07:16,600 Speaker 1: gotten to the part that has you locked up right now. Okay, 121 00:07:16,960 --> 00:07:21,520 Speaker 1: so it's May nineteen eighty six. You're temporarily in this 122 00:07:21,560 --> 00:07:26,720 Speaker 1: wheelchair doing physical therapy and dealing drugs for these two 123 00:07:26,920 --> 00:07:30,239 Speaker 1: mid level management drug dealers named Slim and Hondo. 124 00:07:31,040 --> 00:07:33,880 Speaker 3: Slim and Hondo decided that they were going to take 125 00:07:33,920 --> 00:07:38,760 Speaker 3: over the local drug sales. I believe they helped Kevin 126 00:07:38,840 --> 00:07:42,440 Speaker 3: and some of his friends with small amounts of cocaine 127 00:07:42,960 --> 00:07:47,080 Speaker 3: to sell in the neighborhood, and they would periodically show 128 00:07:47,160 --> 00:07:51,760 Speaker 3: up and I guess resupply the local sellers, including Kevin 129 00:07:52,080 --> 00:07:52,760 Speaker 3: and Kevin. 130 00:07:52,880 --> 00:07:55,040 Speaker 1: You were renting a place to stay from a man 131 00:07:55,120 --> 00:07:58,040 Speaker 1: named mister Bryce. You were renting a bed in this 132 00:07:58,120 --> 00:08:00,000 Speaker 1: mobile home that's sat in his driveway right. 133 00:08:00,560 --> 00:08:03,560 Speaker 4: Yeah, I was standing mister Bryce's mobile hole. We had 134 00:08:03,600 --> 00:08:06,480 Speaker 4: a mobile home. They had like six days in a 135 00:08:06,600 --> 00:08:09,240 Speaker 4: shower and all that stuff inside. It was parked in 136 00:08:09,240 --> 00:08:12,360 Speaker 4: the driveway. Sometimes my friends used to places to stay. 137 00:08:12,720 --> 00:08:14,920 Speaker 4: They had like six paces where he suld be sleeping there. 138 00:08:15,400 --> 00:08:17,600 Speaker 4: So Otis would come in and sleeping. 139 00:08:17,240 --> 00:08:22,600 Speaker 6: There, and Otis is Otis Perry, who occasionally stayed at 140 00:08:22,800 --> 00:08:25,880 Speaker 6: mister Bryce's mobile home, and he's the one that was 141 00:08:25,920 --> 00:08:30,480 Speaker 6: eventually stabbed like slimon Hondo for taking the gun that 142 00:08:30,560 --> 00:08:31,920 Speaker 6: they had left in the trailer. 143 00:08:32,320 --> 00:08:35,600 Speaker 3: The night that these two attempting murders occurred outside a 144 00:08:35,640 --> 00:08:37,280 Speaker 3: party at mister Bryce's house. 145 00:08:37,960 --> 00:08:41,200 Speaker 4: Yes, oldly, my cousin Pam was inside the mobile home. 146 00:08:41,360 --> 00:08:44,160 Speaker 4: I was inside the house where the party was there 147 00:08:44,880 --> 00:08:47,600 Speaker 4: when the fighting, when the fight after, so I didn't 148 00:08:47,640 --> 00:08:49,679 Speaker 4: know this was out there at the time. And I 149 00:08:49,800 --> 00:08:52,880 Speaker 4: know Slim pulled up. They knew mister Bryce didn't allow 150 00:08:52,960 --> 00:08:55,680 Speaker 4: guns in his house, but they heard a gun in 151 00:08:55,720 --> 00:08:59,320 Speaker 4: the mobile home with my cousin and Olsted. But I 152 00:08:59,360 --> 00:09:01,400 Speaker 4: still didn't know and about that at that time. 153 00:09:02,320 --> 00:09:05,440 Speaker 1: Okay, So now the stage is finally set for these 154 00:09:05,480 --> 00:09:08,880 Speaker 1: crimes to take place. This is we're talking June nineteenth, 155 00:09:09,160 --> 00:09:11,319 Speaker 1: nineteen eighty six. There's a little party going on at 156 00:09:11,320 --> 00:09:15,360 Speaker 1: mister Bryce's. Your friend Otis and your cousin Pam are 157 00:09:15,400 --> 00:09:18,520 Speaker 1: in the mobile home in the driveway. Slim and Hondo, 158 00:09:18,920 --> 00:09:22,480 Speaker 1: your bosses, come to hang out, but out of respect 159 00:09:22,480 --> 00:09:25,840 Speaker 1: for mister Bryce, they leave their gun in the mobile home. 160 00:09:26,240 --> 00:09:29,120 Speaker 1: Then your friend Ephraim is at the party and he 161 00:09:29,360 --> 00:09:31,559 Speaker 1: is drunk, to say the least. 162 00:09:32,320 --> 00:09:37,440 Speaker 4: Wellphim is my older homeboy. He was being religerate and 163 00:09:38,320 --> 00:09:40,280 Speaker 4: wrestle with the females. I was up in there and 164 00:09:40,520 --> 00:09:43,880 Speaker 4: grabbing drinks and didn't belong to him, and I told 165 00:09:43,880 --> 00:09:46,720 Speaker 4: the man go down to the pool man, keep back. 166 00:09:47,040 --> 00:09:50,720 Speaker 4: I got he kept home. So I got pissed off 167 00:09:50,760 --> 00:09:53,880 Speaker 4: and I hate him once and when I hate him, 168 00:09:54,440 --> 00:09:57,080 Speaker 4: Hondo slim. Both of them attackly be some of them. 169 00:09:57,120 --> 00:10:00,000 Speaker 4: I here's what they see, he said. I didn't understand, 170 00:10:00,000 --> 00:10:02,600 Speaker 4: and why did they get involved in there? Here's what 171 00:10:02,720 --> 00:10:07,760 Speaker 4: they said. Because I could barely walked. They people were 172 00:10:07,800 --> 00:10:09,800 Speaker 4: taking advantage of my disability. 173 00:10:10,520 --> 00:10:14,400 Speaker 1: Oh okay, so your drug bosses are sticking up for you, 174 00:10:14,520 --> 00:10:17,880 Speaker 1: but then they go way beyond what you would ever 175 00:10:18,040 --> 00:10:18,880 Speaker 1: want them to do. 176 00:10:19,440 --> 00:10:22,520 Speaker 4: Yes, So once I stuck some both of them attacking, 177 00:10:22,720 --> 00:10:26,800 Speaker 4: I got them to stop. Told these communities. He left, 178 00:10:27,080 --> 00:10:29,160 Speaker 4: and then they take him down the street. They caught 179 00:10:29,200 --> 00:10:31,560 Speaker 4: him at the end of the corner. Once I got 180 00:10:31,720 --> 00:10:36,120 Speaker 4: down there, I saw that they was actually stabbing. When 181 00:10:36,160 --> 00:10:40,880 Speaker 4: I Hando leaving alone, Hondo, he looked up and saw me. 182 00:10:41,480 --> 00:10:43,800 Speaker 4: But when he saw me, he saw this Bradley. Behind 183 00:10:43,840 --> 00:10:47,360 Speaker 4: me was Brady as my older home was mother. When 184 00:10:47,400 --> 00:10:49,319 Speaker 4: she looked up and saw that it was her son, 185 00:10:50,040 --> 00:10:52,319 Speaker 4: she tried to turn it around. He ran her down, 186 00:10:52,600 --> 00:10:55,240 Speaker 4: grabbed her by her address, and saw her stabbing her. 187 00:10:55,880 --> 00:10:58,440 Speaker 4: I hopped my way to him and grabbed him to 188 00:10:58,480 --> 00:11:02,120 Speaker 4: see him off of her, and once an hour Holy 189 00:11:02,679 --> 00:11:05,959 Speaker 4: she got loose. We gave you from time to shut up, 190 00:11:06,520 --> 00:11:09,280 Speaker 4: and then I got to toil that she should the 191 00:11:09,360 --> 00:11:12,199 Speaker 4: call and drove them off. I drove off to a 192 00:11:12,240 --> 00:11:16,200 Speaker 4: motive and then I came back to Hic and Missus Bradley. 193 00:11:16,240 --> 00:11:18,360 Speaker 4: But the Amma's already came and it was the hospital. 194 00:11:18,880 --> 00:11:23,800 Speaker 1: So you basically saved Missus Bradley and Ephraim from being 195 00:11:23,960 --> 00:11:27,240 Speaker 1: murdered by Slim and Hondo by convincing them to stop 196 00:11:27,320 --> 00:11:30,000 Speaker 1: stabbing them and drive away from the scene. But this 197 00:11:30,240 --> 00:11:35,120 Speaker 1: incident on June nineteenth is what becomes two charges of 198 00:11:35,200 --> 00:11:39,800 Speaker 1: attempted murder that gets stuck on you, the guy confined 199 00:11:39,960 --> 00:11:45,720 Speaker 1: to a wheelchair at the time. Yeah, okay, so Slim 200 00:11:45,760 --> 00:11:50,240 Speaker 1: and Hondo stabbed both Ephraim and Missus Bradley. You drove 201 00:11:50,280 --> 00:11:54,079 Speaker 1: them to a motel. At some point, your friend otis 202 00:11:54,440 --> 00:11:57,000 Speaker 1: back at the mobile home takes the gun Slim and 203 00:11:57,040 --> 00:11:59,319 Speaker 1: Hondo had left behind. Not too smart, by the way, 204 00:11:59,320 --> 00:12:02,280 Speaker 1: because Slim and knew who was in the mobile home 205 00:12:02,320 --> 00:12:05,640 Speaker 1: when they stashed it in the first place, so they 206 00:12:05,679 --> 00:12:08,000 Speaker 1: come looking for Otis on June twenty thirty. 207 00:12:08,520 --> 00:12:12,400 Speaker 4: June twenty thirty, he came over looking for Otis like 208 00:12:12,480 --> 00:12:15,400 Speaker 4: one something in the morning. They said, come outsire, I'm 209 00:12:15,400 --> 00:12:18,920 Speaker 4: gonna go and kill Oldis. I didn't know Otis was 210 00:12:18,960 --> 00:12:21,160 Speaker 4: out here in the motor home. So when I went 211 00:12:21,160 --> 00:12:24,120 Speaker 4: out to the front yard going to the motor opened, 212 00:12:24,360 --> 00:12:28,400 Speaker 4: Oldis stepped out. Hanolds attacked Otis said may with my gun. 213 00:12:28,600 --> 00:12:30,600 Speaker 4: He said, we can go get it. He said, too late, 214 00:12:30,800 --> 00:12:33,760 Speaker 4: and they attashing. They started fighting. ODIs was fighting back, 215 00:12:33,800 --> 00:12:35,199 Speaker 4: but they were fighting him from the side of the 216 00:12:35,240 --> 00:12:37,760 Speaker 4: mobile hole and went around the garage, and that was 217 00:12:37,800 --> 00:12:40,080 Speaker 4: the first time I saw him being stashed. And I 218 00:12:40,120 --> 00:12:43,240 Speaker 4: came back from around there. I wasn't neighboring one or 219 00:12:43,240 --> 00:12:45,920 Speaker 4: whatever it's so didn't say nothing and just listener to 220 00:12:45,960 --> 00:12:48,840 Speaker 4: everything that was going on. And I don't know how 221 00:12:48,840 --> 00:12:51,400 Speaker 4: the much time passed, but gave Honolds came from around 222 00:12:51,400 --> 00:12:53,839 Speaker 4: there and it was no more noise. I was wondering 223 00:12:53,880 --> 00:12:57,599 Speaker 4: it okay, now what He said, uh woo something, you 224 00:12:57,679 --> 00:12:59,960 Speaker 4: got some revenue, And then I gave him my blak 225 00:13:01,240 --> 00:13:04,240 Speaker 4: so him a swim went behind the babe and wrapped 226 00:13:04,280 --> 00:13:07,320 Speaker 4: him up, drugged him out and put him in the car. 227 00:13:08,080 --> 00:13:10,520 Speaker 4: And instead of hear him, the slim boy, he said, 228 00:13:10,559 --> 00:13:13,040 Speaker 4: you swim, you stay here watching out all the blood 229 00:13:13,040 --> 00:13:15,560 Speaker 4: that was coming from behind the motherwll and showed me 230 00:13:15,600 --> 00:13:17,560 Speaker 4: to get in the car and ride with him. So 231 00:13:17,640 --> 00:13:20,320 Speaker 4: I took him over through my own boys neighborhood by 232 00:13:20,360 --> 00:13:23,439 Speaker 4: the canail, and that's where he jumped in and I said, look, 233 00:13:23,480 --> 00:13:26,480 Speaker 4: I'll be back. I left it deb came back. 234 00:13:27,640 --> 00:13:31,280 Speaker 1: And what would you tell anyone listening now who's wondering 235 00:13:31,360 --> 00:13:34,040 Speaker 1: why you played any part in getting rid of the 236 00:13:34,080 --> 00:13:35,480 Speaker 1: body with Slim and Hondo. 237 00:13:35,840 --> 00:13:36,160 Speaker 5: I did. 238 00:13:36,200 --> 00:13:38,920 Speaker 4: With any reasonable person not trying to die, I would 239 00:13:38,960 --> 00:13:41,840 Speaker 4: have done. I have seen what I saw. I knew 240 00:13:42,000 --> 00:13:45,160 Speaker 4: I gotta do something that made myself a part of 241 00:13:45,200 --> 00:13:48,200 Speaker 4: what's going on. And I wasn't as physically able to 242 00:13:48,200 --> 00:13:51,800 Speaker 4: do nothing to prevent myself from being killed. And I 243 00:13:52,120 --> 00:13:55,360 Speaker 4: expressed that that was the smartest thing that I could 244 00:13:55,400 --> 00:13:59,520 Speaker 4: have done at the time for myself, instead of doing nothing. 245 00:14:00,200 --> 00:14:03,080 Speaker 1: If you had done nothing at all. What do you 246 00:14:03,200 --> 00:14:05,240 Speaker 1: think Slim and Honda would have done? 247 00:14:05,679 --> 00:14:07,720 Speaker 4: I was a little bit too afraid to find out. 248 00:14:08,760 --> 00:14:11,880 Speaker 4: I was in a position where something happened to my 249 00:14:12,080 --> 00:14:17,400 Speaker 4: free and Donald Ross, and I knew what I thought 250 00:14:17,559 --> 00:14:20,120 Speaker 4: was the best thing to do for my silks. They're 251 00:14:20,160 --> 00:14:22,680 Speaker 4: not two folders now. 252 00:14:33,120 --> 00:14:37,480 Speaker 1: This episode is underwritten by Paul Weiss, Rifkin, Porton and Garrison, 253 00:14:37,640 --> 00:14:41,160 Speaker 1: a leading international law firm. Paul Weiss has long had 254 00:14:41,200 --> 00:14:45,440 Speaker 1: an unwavering commitment to providing impactful, pro bono legal assistance 255 00:14:45,520 --> 00:14:48,000 Speaker 1: to the most vulnerable members of our society and in 256 00:14:48,080 --> 00:14:51,840 Speaker 1: support of the public interest, including extensive work in the 257 00:14:51,880 --> 00:14:59,040 Speaker 1: criminal justice area. You're listening to Wrongful Conviction. You can 258 00:14:59,080 --> 00:15:01,600 Speaker 1: listen to this and all the Lava for Good podcasts 259 00:15:01,640 --> 00:15:04,960 Speaker 1: one week early and ad free by subscribing to Lava 260 00:15:05,000 --> 00:15:17,200 Speaker 1: for Good Plus on Apple podcasts. Otis's murder eventually gets 261 00:15:17,280 --> 00:15:20,800 Speaker 1: pinned on you, the guy who was only able to 262 00:15:20,880 --> 00:15:25,120 Speaker 1: watch or listen helplessly as your friend got stabbed to death. 263 00:15:25,240 --> 00:15:29,480 Speaker 1: And then, in order to save your own life, you 264 00:15:29,520 --> 00:15:31,280 Speaker 1: did what probably any of us would have done. You 265 00:15:31,280 --> 00:15:34,400 Speaker 1: played along with Slim and Hondo until you could get away. 266 00:15:34,920 --> 00:15:38,080 Speaker 1: I would not want to have been in your shoes. 267 00:15:38,120 --> 00:15:41,840 Speaker 1: At that point, you just lost your friend. Otis you 268 00:15:41,960 --> 00:15:45,040 Speaker 1: had to contend with the question of to snitch or 269 00:15:45,080 --> 00:15:47,920 Speaker 1: not to snitch on like a sophie's choice on these 270 00:15:47,960 --> 00:15:49,880 Speaker 1: two murderous drug dealers. 271 00:15:49,880 --> 00:15:53,320 Speaker 4: Definitely, I was sign the process. What just happened to 272 00:15:53,520 --> 00:15:57,240 Speaker 4: show sixty seven o'clock in the morning. That's when I 273 00:15:57,280 --> 00:16:00,760 Speaker 4: saw the police told that you got who there was? 274 00:16:01,200 --> 00:16:03,320 Speaker 4: One always said come over here and look at Moved 275 00:16:03,320 --> 00:16:05,640 Speaker 4: and Blake, and I knew it was. I said, I 276 00:16:05,680 --> 00:16:09,240 Speaker 4: know where he lives, to the little mother's house. And 277 00:16:09,320 --> 00:16:11,520 Speaker 4: then when we came back to the scene, I asked 278 00:16:11,600 --> 00:16:14,480 Speaker 4: my saying, look if I had any information, talk on 279 00:16:14,520 --> 00:16:17,840 Speaker 4: my contract, and he gave me his car. I took 280 00:16:17,880 --> 00:16:21,080 Speaker 4: your car, rode a mile two whiles and I went 281 00:16:21,160 --> 00:16:23,880 Speaker 4: to the phone boof and then I called the police 282 00:16:23,880 --> 00:16:25,960 Speaker 4: to look and I told everything the thing needs to 283 00:16:26,040 --> 00:16:27,920 Speaker 4: know and told him while I was there, they came 284 00:16:27,960 --> 00:16:30,200 Speaker 4: and picked me up, took me out to the station 285 00:16:30,760 --> 00:16:33,280 Speaker 4: and I made the tape and then once I made 286 00:16:33,320 --> 00:16:36,000 Speaker 4: the take, they let me go. I went back home. 287 00:16:37,080 --> 00:16:40,080 Speaker 1: So you made a statement to a sergeant Sergeant Preston, 288 00:16:40,600 --> 00:16:43,160 Speaker 1: and you're going to be a witness and Steve, maybe 289 00:16:43,240 --> 00:16:45,360 Speaker 1: you can tell us about the next part of the story, 290 00:16:45,400 --> 00:16:48,280 Speaker 1: which is how Kevin was picked up for cocaine possessions. 291 00:16:48,280 --> 00:16:52,640 Speaker 1: Sometime later and while in the state's witness holding area 292 00:16:52,680 --> 00:16:57,360 Speaker 1: of La County Jail, he eventually meets three guys who 293 00:16:57,440 --> 00:17:01,240 Speaker 1: are responsible for him being in this horle ruble predicament today. 294 00:17:01,560 --> 00:17:04,679 Speaker 3: What happened was Kevin got arrested for a possession of 295 00:17:04,800 --> 00:17:08,439 Speaker 3: cocaine charge and because he was the main witness against 296 00:17:08,440 --> 00:17:11,880 Speaker 3: Slim and Hondo on a murder case, they put him 297 00:17:12,240 --> 00:17:16,840 Speaker 3: in with other prosecution witnesses and it's commonly called the 298 00:17:16,920 --> 00:17:21,159 Speaker 3: snitch Tank, which is a separate jail from the men's 299 00:17:21,200 --> 00:17:25,320 Speaker 3: central jail. And while Kevin was in there, he told 300 00:17:25,400 --> 00:17:30,480 Speaker 3: his cellmate, Willie Battle and the guy that was in 301 00:17:30,520 --> 00:17:34,879 Speaker 3: the next cel over, Jesse Williams. He told them what 302 00:17:35,040 --> 00:17:38,760 Speaker 3: actually happened because they asked, and that's very common in jail, 303 00:17:38,800 --> 00:17:41,920 Speaker 3: what are he in for? And they exchanged information, but 304 00:17:42,040 --> 00:17:45,120 Speaker 3: this time it only came from Kevin. He told him 305 00:17:45,119 --> 00:17:49,480 Speaker 3: what happened, and they twisted it around and ran with it. 306 00:17:50,080 --> 00:17:53,280 Speaker 3: And then they called the Compton Police Department and asked 307 00:17:53,320 --> 00:17:56,080 Speaker 3: them if they had a murder case where the body 308 00:17:56,200 --> 00:17:58,919 Speaker 3: was found by a canal. They called it a canal, 309 00:17:58,920 --> 00:18:03,040 Speaker 3: it's really a drainage. And they put him in contact 310 00:18:03,080 --> 00:18:07,679 Speaker 3: with Detective Marvin Branscombe, who was not Sergeant Preston, who 311 00:18:07,840 --> 00:18:11,480 Speaker 3: Kevin gave the statement to, and they convinced Branscomb that 312 00:18:11,600 --> 00:18:14,640 Speaker 3: what they had to say was true, which they said 313 00:18:14,680 --> 00:18:18,280 Speaker 3: that Kevin confessed to these tempted murders and murder. 314 00:18:19,160 --> 00:18:21,520 Speaker 4: They say, we got a guy out here bragging about 315 00:18:21,640 --> 00:18:25,400 Speaker 4: chilling his guy and sad with lady telling this time, 316 00:18:25,480 --> 00:18:28,240 Speaker 4: don't kill it. So I end up all from being 317 00:18:28,359 --> 00:18:32,480 Speaker 4: the actual witness now being the actual killer. 318 00:18:33,000 --> 00:18:36,600 Speaker 3: So Kevin became a defendant instead of the prosecution witness. 319 00:18:36,960 --> 00:18:38,800 Speaker 3: And they moved him out of the snitch tank to 320 00:18:38,840 --> 00:18:42,080 Speaker 3: another part of the jail. So Kevin's transferred over to 321 00:18:42,480 --> 00:18:46,080 Speaker 3: the central jail, and then he met a very notorious 322 00:18:46,200 --> 00:18:49,320 Speaker 3: nitch named Leslie White. And I get a call from 323 00:18:49,400 --> 00:18:53,600 Speaker 3: Leslie White. I'd never heard of Leslie White. Leslie White says, 324 00:18:53,640 --> 00:18:59,120 Speaker 3: I understand you're defending Kevin Dykes and that he has 325 00:18:59,240 --> 00:19:02,600 Speaker 3: been rare it out by two snitches. And I said, 326 00:19:02,640 --> 00:19:06,200 Speaker 3: that's exactly right. He says, well, I can help you. 327 00:19:06,200 --> 00:19:08,400 Speaker 3: You come down here and I'm going to tell you 328 00:19:08,520 --> 00:19:12,360 Speaker 3: all about the snitch system and how it works. Okay. 329 00:19:12,800 --> 00:19:14,720 Speaker 3: So I go down to the jail. I talked to 330 00:19:14,840 --> 00:19:18,679 Speaker 3: Leslie White. He tells me about how inmates get a 331 00:19:18,680 --> 00:19:24,680 Speaker 3: hold of paperwork and change facts and get a hold 332 00:19:24,720 --> 00:19:28,439 Speaker 3: of the detective or DA that's handling a particular murder case. 333 00:19:29,640 --> 00:19:34,160 Speaker 3: And because they know these unique facts, they can convince 334 00:19:34,440 --> 00:19:38,000 Speaker 3: the detective or district attorney that's handling the case that 335 00:19:38,119 --> 00:19:41,480 Speaker 3: this confession was a valid confession. So I said, well, 336 00:19:41,480 --> 00:19:43,800 Speaker 3: that sounds good, Okay, I'll put you on the witness list, 337 00:19:43,840 --> 00:19:48,639 Speaker 3: mister White. So about a week or two later, I 338 00:19:48,680 --> 00:19:52,480 Speaker 3: get the witness list from the district attorney and Leslie 339 00:19:52,480 --> 00:19:56,320 Speaker 3: White is on there as a people's witness. And not 340 00:19:56,440 --> 00:19:59,720 Speaker 3: only that, I get a report that says that Kevin 341 00:20:00,080 --> 00:20:05,600 Speaker 3: Ike's confessed to Leslie White. And I'm flabbergasted because I 342 00:20:05,720 --> 00:20:08,320 Speaker 3: just talked to Leslie White and he was going to 343 00:20:08,320 --> 00:20:11,119 Speaker 3: be a witness for Kevin. So I go down to 344 00:20:11,160 --> 00:20:14,640 Speaker 3: the jail and I call out Leslie White and he's 345 00:20:14,680 --> 00:20:16,480 Speaker 3: willing to come and talk to me, and I said, 346 00:20:17,160 --> 00:20:19,920 Speaker 3: what do you are? You a witness? For the prosecution. Now, 347 00:20:20,520 --> 00:20:24,040 Speaker 3: he says, yep, I said, well, you know that Kevin's innocent. 348 00:20:24,400 --> 00:20:26,840 Speaker 3: Why do you doing what? How can you do that? 349 00:20:27,640 --> 00:20:30,520 Speaker 3: And he says, well, man's got to do what he's 350 00:20:30,520 --> 00:20:32,760 Speaker 3: got to do. That's what he said. 351 00:20:33,920 --> 00:20:36,280 Speaker 1: I gotta be honest. My head is spinning and I 352 00:20:36,320 --> 00:20:39,000 Speaker 1: didn't even live through this. I mean, this is Kevin. 353 00:20:39,040 --> 00:20:41,439 Speaker 1: I mean, I'm so sorry that you're living this is 354 00:20:41,840 --> 00:20:43,639 Speaker 1: this is your life we're talking about. 355 00:20:44,359 --> 00:20:48,280 Speaker 4: I didn't actually believe that what was going on was 356 00:20:48,480 --> 00:20:51,680 Speaker 4: even possible. I didn't think that there's doub would hold. 357 00:20:52,920 --> 00:20:57,159 Speaker 4: I'm like, what, Oh, I'm an actual eye witness. The 358 00:20:57,400 --> 00:20:59,960 Speaker 4: guys they don't know none about rally, but none about 359 00:21:00,119 --> 00:21:03,600 Speaker 4: what actually happened. So I didn't really believe the people 360 00:21:03,640 --> 00:21:05,480 Speaker 4: could do what they were what they were doing to me. 361 00:21:05,840 --> 00:21:07,600 Speaker 4: I had never even heard about that before. 362 00:21:08,040 --> 00:21:10,480 Speaker 1: I mean, this is this is like nothing. I don't 363 00:21:10,480 --> 00:21:13,760 Speaker 1: think we've ever heard a story like this before. So Steven, 364 00:21:13,760 --> 00:21:15,040 Speaker 1: what happens next? 365 00:21:15,400 --> 00:21:18,840 Speaker 3: When we got to court, all they had was his 366 00:21:19,119 --> 00:21:24,480 Speaker 3: statement to Sergeant Preston and three snitches, and I couldn't 367 00:21:24,480 --> 00:21:28,960 Speaker 3: believe that they would even want to proceed with this evidence. 368 00:21:29,560 --> 00:21:33,639 Speaker 3: But they did, and just before the verdict was issued, 369 00:21:33,680 --> 00:21:35,800 Speaker 3: I told Kevin, I said, now, Kevin, when you get 370 00:21:35,840 --> 00:21:38,359 Speaker 3: out of here, you've got to change your ways, be 371 00:21:38,440 --> 00:21:41,879 Speaker 3: a law abiding citizen and then used to society and 372 00:21:41,960 --> 00:21:44,240 Speaker 3: he said, yeah, came mister Houser, I'm going to do that, 373 00:21:45,080 --> 00:21:49,840 Speaker 3: came back guilty. We were both floored. 374 00:21:50,720 --> 00:21:53,000 Speaker 1: You were sentenced to twenty four years to life. Here 375 00:21:53,040 --> 00:21:56,240 Speaker 1: it is now twenty twenty. You're still in Could you 376 00:21:56,359 --> 00:21:59,360 Speaker 1: just take us back there, put us in that courtroom 377 00:21:59,400 --> 00:22:00,000 Speaker 1: with you if you can't. 378 00:22:01,240 --> 00:22:05,760 Speaker 4: I actually could not believe the verdant. You know, I 379 00:22:05,760 --> 00:22:10,600 Speaker 4: actually didn't a crime. I just see how it was possible. Yeah, 380 00:22:10,600 --> 00:22:14,880 Speaker 4: I was after eyewitness. I came for I gave him 381 00:22:14,920 --> 00:22:18,840 Speaker 4: everything they needed, all evidence to call, the weapons. The 382 00:22:18,920 --> 00:22:24,080 Speaker 4: people he from testify that I didn't attacking. He from 383 00:22:24,080 --> 00:22:27,440 Speaker 4: will stand like thirty three times and he's test fired 384 00:22:27,600 --> 00:22:31,200 Speaker 4: I didn't attack him, and it testified that I didn't 385 00:22:31,200 --> 00:22:35,000 Speaker 4: attack Ms. Browning. That was my friend mother. There was 386 00:22:35,080 --> 00:22:37,280 Speaker 4: nobody there that said I. 387 00:22:37,359 --> 00:22:41,720 Speaker 1: Can't anybody but this And this is something I really 388 00:22:41,760 --> 00:22:44,040 Speaker 1: need to highlight here, which is that if you go 389 00:22:44,600 --> 00:22:47,920 Speaker 1: in a jury box and you're presented with a case 390 00:22:47,920 --> 00:22:50,000 Speaker 1: where someone's life is hanging in the balance, just like 391 00:22:50,080 --> 00:22:54,199 Speaker 1: Kevin's was, and there's no evidence connecting that person's at 392 00:22:54,200 --> 00:22:58,240 Speaker 1: a crime except for the testimony of a snitch. You 393 00:22:58,440 --> 00:23:02,600 Speaker 1: cannot vote to con because it's crazy. I mean, these 394 00:23:02,600 --> 00:23:05,280 Speaker 1: are people who are clearly incentivized. They may not tell 395 00:23:05,320 --> 00:23:07,280 Speaker 1: you that at the time, but you have to understand 396 00:23:07,760 --> 00:23:09,879 Speaker 1: that the defense can never bribe a witness. That's it. 397 00:23:09,880 --> 00:23:12,439 Speaker 1: That's a crime punishable by long time in jail. But 398 00:23:12,600 --> 00:23:16,119 Speaker 1: the government can make a deal with a snitch to 399 00:23:16,160 --> 00:23:20,240 Speaker 1: reduce their charges or drop their charges in exchange for testimony. 400 00:23:20,400 --> 00:23:24,000 Speaker 1: And that is the best bribe of all. So it's 401 00:23:24,040 --> 00:23:27,800 Speaker 1: the most unreliable testimony imaginable. And here you have a 402 00:23:27,840 --> 00:23:32,800 Speaker 1: case where the direct evidence contradicts what the snitches were saying. 403 00:23:32,920 --> 00:23:37,359 Speaker 1: The evidence showed that Kevin could not have committed this crime, 404 00:23:38,160 --> 00:23:42,000 Speaker 1: and yet he ends up getting convicted on the testimony 405 00:23:42,040 --> 00:23:46,640 Speaker 1: of people who were notoriously untrustworthy and were incentivized to lie. 406 00:23:46,520 --> 00:23:50,520 Speaker 4: With the evidence. Where they get apartments, they say, oh, 407 00:23:50,560 --> 00:23:53,560 Speaker 4: he's grit in my family, So the government gives them 408 00:23:54,240 --> 00:23:58,479 Speaker 4: money to relocate them movement apartments. All of them end 409 00:23:58,560 --> 00:24:02,120 Speaker 4: up getting reduced to left white, ended up getting out 410 00:24:02,640 --> 00:24:08,800 Speaker 4: at such five member. He came right back any threatened 411 00:24:08,920 --> 00:24:12,640 Speaker 4: physician attorney. If you don't bake me back out, I'm 412 00:24:12,640 --> 00:24:13,840 Speaker 4: gonna blow his whole case. 413 00:24:15,680 --> 00:24:19,480 Speaker 3: What happened was Leslie White then went on sixty minutes 414 00:24:19,600 --> 00:24:22,560 Speaker 3: when he was back in again in the jail, and 415 00:24:23,000 --> 00:24:27,320 Speaker 3: he showed on camera how he could work his magic 416 00:24:27,400 --> 00:24:32,080 Speaker 3: and get favors from the DA. And then when I 417 00:24:32,119 --> 00:24:34,880 Speaker 3: saw that, I went down and talked to Leslie White. 418 00:24:35,400 --> 00:24:37,840 Speaker 3: I said, well, now I know for sure you lied 419 00:24:37,880 --> 00:24:40,520 Speaker 3: in Kevin's case, and he says, yeah, I did. And 420 00:24:40,560 --> 00:24:43,000 Speaker 3: I said, well, I want you to sign an affidavit 421 00:24:43,840 --> 00:24:46,359 Speaker 3: that you lied in Kevin's case because Kevin deserves a 422 00:24:46,400 --> 00:24:51,960 Speaker 3: new trial. And so sure enough he signed it. But 423 00:24:52,160 --> 00:24:55,880 Speaker 3: instead of giving Kevin a new trial, the DA indicted 424 00:24:55,960 --> 00:24:59,520 Speaker 3: him Leslie White with a grand jury, had me come 425 00:24:59,560 --> 00:25:02,760 Speaker 3: in and test, and they gave Leslie White four years 426 00:25:02,960 --> 00:25:08,720 Speaker 3: for perjury. They gave Kevin Dykes nothing. And that's where 427 00:25:08,720 --> 00:25:09,280 Speaker 3: it sat. 428 00:25:09,560 --> 00:25:12,560 Speaker 1: It's all so backwards and upside down. And of course, 429 00:25:13,040 --> 00:25:15,280 Speaker 1: you know we have two more characters that are coming up. 430 00:25:15,400 --> 00:25:18,280 Speaker 1: GG Gordon, who's on the right side of this story, 431 00:25:18,520 --> 00:25:20,520 Speaker 1: and Willie Battles. We can't leave him out. 432 00:25:20,640 --> 00:25:25,879 Speaker 3: Yeah, when this snitch system came out thanks to Leslie White, 433 00:25:25,880 --> 00:25:28,720 Speaker 3: believe it or not, Gigi Gordon was appointed. She's a 434 00:25:28,760 --> 00:25:32,439 Speaker 3: defense lawyer. She's deceased now, but she was a criminal 435 00:25:32,480 --> 00:25:36,600 Speaker 3: defense lawyer friend of mine, and Gigi Gordon was appointed 436 00:25:36,680 --> 00:25:40,800 Speaker 3: by i think the Supreme Court to do an independent 437 00:25:40,960 --> 00:25:45,240 Speaker 3: investigation on all of the snitch cases to see if 438 00:25:45,440 --> 00:25:49,480 Speaker 3: justice was done. And she spent over a year on 439 00:25:49,520 --> 00:25:53,600 Speaker 3: this project, being paid by the state of California. And 440 00:25:53,800 --> 00:25:58,280 Speaker 3: as a result of Gigi Gordon's research and investigation, a 441 00:25:58,520 --> 00:26:04,480 Speaker 3: law was introduced in the legis to require corroboration if 442 00:26:04,520 --> 00:26:06,840 Speaker 3: snitch's testimony is going to be used in a case. 443 00:26:07,280 --> 00:26:09,160 Speaker 3: And that happened, but. 444 00:26:09,119 --> 00:26:11,360 Speaker 1: They didn't do it retroactively. Am I getting that right? 445 00:26:11,359 --> 00:26:14,600 Speaker 1: Because it always drives me nuts when we change a 446 00:26:14,680 --> 00:26:16,960 Speaker 1: law in this country and we don't do it retroactively. 447 00:26:17,040 --> 00:26:19,480 Speaker 3: How could it be different now than it was before. 448 00:26:20,000 --> 00:26:22,600 Speaker 3: It doesn't make sense. Didn't make any sense to me, 449 00:26:22,800 --> 00:26:25,440 Speaker 3: and that's why I appealed it. We went to the 450 00:26:25,560 --> 00:26:30,800 Speaker 3: Pellate Court in California, then the Supreme Court, and actually 451 00:26:31,040 --> 00:26:33,200 Speaker 3: when we went to the Supreme Court the first time, 452 00:26:33,240 --> 00:26:34,520 Speaker 3: the law had not been changed. 453 00:26:34,560 --> 00:26:34,879 Speaker 1: Yet. 454 00:26:34,920 --> 00:26:37,240 Speaker 3: But then we went back to the Supreme Court on 455 00:26:37,280 --> 00:26:41,520 Speaker 3: another issue and the law had been changed, and in 456 00:26:41,600 --> 00:26:46,880 Speaker 3: federal court, the judge actually said that Kevin might be innocent, 457 00:26:47,000 --> 00:26:49,679 Speaker 3: but there's nothing I can do because this law is 458 00:26:49,720 --> 00:26:54,359 Speaker 3: not retroactive or something to that effect. And I just 459 00:26:54,640 --> 00:26:58,320 Speaker 3: thought that that was the most unjust result I've ever 460 00:26:58,400 --> 00:27:04,440 Speaker 3: had in my whole career. Still is wow. And so 461 00:27:04,560 --> 00:27:08,440 Speaker 3: if Kevin's case were tried now, they wouldn't have any 462 00:27:08,960 --> 00:27:13,400 Speaker 3: evidence against him because the only incriminating evidence was from 463 00:27:13,480 --> 00:27:14,520 Speaker 3: the snitch testimony. 464 00:27:14,800 --> 00:27:18,400 Speaker 1: If Kevin's case were to be tried now, they would 465 00:27:18,480 --> 00:27:23,959 Speaker 1: have no evidence against him. And yet it's thirty four 466 00:27:24,160 --> 00:27:28,320 Speaker 1: years later and he's I can't this is nuts. 467 00:27:29,320 --> 00:27:32,280 Speaker 3: I went to the district attorney with that very argument. 468 00:27:32,960 --> 00:27:35,600 Speaker 3: With each new district attorney that came in, I would 469 00:27:35,640 --> 00:27:39,360 Speaker 3: go talk to him and they told me that because 470 00:27:39,359 --> 00:27:43,560 Speaker 3: of his statement admitting what he did pretending to go 471 00:27:43,600 --> 00:27:47,639 Speaker 3: along with what is Slim and Honda were doing, because 472 00:27:47,680 --> 00:27:51,479 Speaker 3: of that statement, that made him guilty. And they said, sorry, 473 00:27:52,440 --> 00:27:55,720 Speaker 3: you have to present new evidence to us before we're 474 00:27:55,760 --> 00:27:59,680 Speaker 3: going to recommend anything for Kevin. And I said, what's 475 00:27:59,680 --> 00:28:03,560 Speaker 3: amount with these confessions by these snitches, that's new evidence 476 00:28:03,920 --> 00:28:07,400 Speaker 3: at least since the trial. Two out of three Leslie 477 00:28:07,440 --> 00:28:11,560 Speaker 3: White signed an affidavit that sent him put himself in prison, 478 00:28:12,200 --> 00:28:16,840 Speaker 3: and Jesse Williams signed a letter saying that he lied 479 00:28:16,920 --> 00:28:20,120 Speaker 3: in Kevin's case. He said, no, we want some more 480 00:28:20,160 --> 00:28:23,920 Speaker 3: than that. Plus you've got one snitch that you don't have, 481 00:28:24,040 --> 00:28:27,000 Speaker 3: you know, retraction from Willi Battle. We never had a 482 00:28:27,040 --> 00:28:30,160 Speaker 3: retraction from him. And Willie Battle I tried to find 483 00:28:30,200 --> 00:28:35,280 Speaker 3: but he's probably dead. So that's where we sit. 484 00:28:36,560 --> 00:28:40,600 Speaker 1: And what is the outlook now? I mean, is there hope? 485 00:28:40,760 --> 00:28:44,560 Speaker 3: I think Kevin has two hopes parole and with a 486 00:28:44,600 --> 00:28:48,320 Speaker 3: new DA. I thought Jackie Lacey was very progressive and 487 00:28:48,400 --> 00:28:51,280 Speaker 3: I had high hopes for Kevin when she put together 488 00:28:52,160 --> 00:28:58,160 Speaker 3: her Internal Innocent project and I met with what I 489 00:28:58,240 --> 00:29:02,560 Speaker 3: thought was a very ethical, fine lawyer, and I got 490 00:29:02,600 --> 00:29:07,480 Speaker 3: a very unfavorable result. And I asked him during that hearing, 491 00:29:07,560 --> 00:29:09,959 Speaker 3: I said, you know, as a human being, you know, 492 00:29:10,640 --> 00:29:17,080 Speaker 3: do you really think that Kevin Dykes was convicted properly fairly? 493 00:29:17,720 --> 00:29:21,080 Speaker 3: He wouldn't answer. He wouldn't give me an answer. 494 00:29:35,520 --> 00:29:37,960 Speaker 1: Nearly a year has gone by since we originally released 495 00:29:38,000 --> 00:29:41,880 Speaker 1: this episode in September twenty twenty and shortly thereafter in 496 00:29:42,120 --> 00:29:46,240 Speaker 1: La County, George Gascon was elected DA, and Steve, last 497 00:29:46,360 --> 00:29:48,320 Speaker 1: time we spoke, you said that one of the only 498 00:29:48,440 --> 00:29:51,800 Speaker 1: avenues left for a leaf for Kevin was that very 499 00:29:51,880 --> 00:29:56,320 Speaker 1: election victory. So you must have been really excited when 500 00:29:56,320 --> 00:29:59,560 Speaker 1: it became clear that Jackie Lacy was on her way 501 00:29:59,560 --> 00:30:02,320 Speaker 1: out and George Gascon was on his way in. I'm 502 00:30:02,360 --> 00:30:06,200 Speaker 1: imagining you must have jumped right into action on the 503 00:30:06,280 --> 00:30:08,560 Speaker 1: first business day of twenty twenty one. 504 00:30:08,800 --> 00:30:12,240 Speaker 3: That is correct, on January fourth, twenty twenty one, I 505 00:30:12,320 --> 00:30:16,600 Speaker 3: sent a letter to George Gascon, the new DA, alerting 506 00:30:16,680 --> 00:30:21,640 Speaker 3: him to Kevin's situation, and I was contacted shortly thereafter 507 00:30:22,320 --> 00:30:26,560 Speaker 3: by a deputy in his conviction integrity unit. She said 508 00:30:26,640 --> 00:30:30,360 Speaker 3: that she had reviewed the case and she agreed with 509 00:30:30,920 --> 00:30:35,520 Speaker 3: the former head of their integrity unit under Jackie Lacy 510 00:30:35,880 --> 00:30:39,800 Speaker 3: that taking out all of the snitch testimony and just 511 00:30:39,880 --> 00:30:44,600 Speaker 3: focusing in on Kevin's statement both to the police and 512 00:30:44,680 --> 00:30:47,760 Speaker 3: what he testified to a trial, which were both consistent, 513 00:30:48,000 --> 00:30:51,080 Speaker 3: that she felt that he was guilty because of what 514 00:30:51,200 --> 00:30:54,040 Speaker 3: he said he shared in the criminal intent to kill 515 00:30:54,080 --> 00:30:58,000 Speaker 3: his friend Otus, which I think was not reasonable. I 516 00:30:58,040 --> 00:31:02,480 Speaker 3: don't understand how a deputy district attorney can look at 517 00:31:02,480 --> 00:31:06,400 Speaker 3: the facts in this case, focusing on Kevin's own testimony 518 00:31:06,880 --> 00:31:10,960 Speaker 3: and come to the conclusion that he intended Otis's death, 519 00:31:11,600 --> 00:31:17,160 Speaker 3: that he wanted Otis to die, or that he wanted 520 00:31:17,640 --> 00:31:22,960 Speaker 3: his friend Ephraim to die or Missus Bradley to die. Now, 521 00:31:23,000 --> 00:31:27,360 Speaker 3: Ephram testified in court that Kevin was not a part 522 00:31:27,480 --> 00:31:31,560 Speaker 3: of the assault on his person or Missus Bradley. For 523 00:31:31,680 --> 00:31:37,520 Speaker 3: the district attorney to believe that Kevin convicted himself based 524 00:31:37,520 --> 00:31:41,440 Speaker 3: on his testimony of both the murder and the attempted 525 00:31:41,520 --> 00:31:46,120 Speaker 3: murders is beyond belief. For a second degree murder, there 526 00:31:46,160 --> 00:31:49,640 Speaker 3: has to be criminal intent. You have to share in 527 00:31:49,720 --> 00:31:53,200 Speaker 3: the intent of the stabbers in this case, Slim and 528 00:31:53,240 --> 00:31:57,880 Speaker 3: Hondo to kill Otis, and there's no proof of that 529 00:31:59,120 --> 00:32:03,920 Speaker 3: from Kevin's life. The only evidence of that is from 530 00:32:05,000 --> 00:32:10,360 Speaker 3: snitch testimony, which under today's law would be inadmissible. 531 00:32:10,680 --> 00:32:13,200 Speaker 1: Yeah, and with good reason. I mean, let's face it, 532 00:32:13,320 --> 00:32:17,920 Speaker 1: snitch testimony for the state is almost always incentivized by 533 00:32:18,200 --> 00:32:23,080 Speaker 1: leniency in the snitch's charges, making that testimony as unreliable 534 00:32:23,200 --> 00:32:27,520 Speaker 1: as it could be. So this deputy in Gascon's CiU 535 00:32:27,600 --> 00:32:31,200 Speaker 1: wants to preserve this conviction, saying that Kevin's testimony reaches 536 00:32:31,280 --> 00:32:35,080 Speaker 1: the burden of proof for criminal intent, when in reality, 537 00:32:35,520 --> 00:32:39,400 Speaker 1: Kevin was essentially a hostage of Slim and Hondo until 538 00:32:39,520 --> 00:32:42,160 Speaker 1: he could finally get away. I mean, had he not 539 00:32:42,280 --> 00:32:44,840 Speaker 1: gone along with everything that happened in the aftermath of 540 00:32:44,840 --> 00:32:48,240 Speaker 1: Otis's death, Slim and Hondo would have been dumping both 541 00:32:48,360 --> 00:32:51,480 Speaker 1: Kevin and Otis's bodies and we wouldn't even be having 542 00:32:51,520 --> 00:32:55,320 Speaker 1: this conversation or know what Slim and Hondo did. So 543 00:32:56,200 --> 00:32:59,600 Speaker 1: what was the end result of your discussion with Gascon's deputy. 544 00:32:59,600 --> 00:33:01,760 Speaker 1: Were you able to work anything out? 545 00:33:02,040 --> 00:33:06,120 Speaker 3: After several back and forth conversations, she was going to 546 00:33:06,160 --> 00:33:09,840 Speaker 3: bring a motion for resentencing. This was apparently a new 547 00:33:09,920 --> 00:33:12,160 Speaker 3: law where they could go back into the trial court 548 00:33:12,400 --> 00:33:16,480 Speaker 3: and petitioned for a change of sentence. She said that 549 00:33:16,560 --> 00:33:19,959 Speaker 3: if Kevin would agree to change his plea from murder 550 00:33:20,000 --> 00:33:23,080 Speaker 3: to manslaughter, that they would go along with it, and 551 00:33:23,200 --> 00:33:26,040 Speaker 3: that he could then be sentenced to whatever the maximum 552 00:33:26,040 --> 00:33:28,640 Speaker 3: on manslaughter was, which is a lot less than thirty 553 00:33:28,640 --> 00:33:31,440 Speaker 3: five years that he's been in. So we're still waiting 554 00:33:31,480 --> 00:33:36,160 Speaker 3: for that. I don't know what's happened. But the district 555 00:33:36,200 --> 00:33:39,640 Speaker 3: attorney that I was talking to called me and told 556 00:33:39,640 --> 00:33:44,200 Speaker 3: me that there was some problem with them making this 557 00:33:44,400 --> 00:33:48,320 Speaker 3: motion because some judge might deny it or she wasn't 558 00:33:48,360 --> 00:33:51,680 Speaker 3: real clear on that, but that she invited me to 559 00:33:51,760 --> 00:33:56,000 Speaker 3: think of a way to get around the judge having 560 00:33:56,040 --> 00:34:01,000 Speaker 3: to make a decision to get Kevin out. So I suggested, well, 561 00:34:01,040 --> 00:34:04,640 Speaker 3: how about if I file another rit of habeas corpus 562 00:34:04,720 --> 00:34:08,080 Speaker 3: and if the district attorney doesn't oppose it, then the 563 00:34:08,160 --> 00:34:11,120 Speaker 3: judge can grant him a new trial, and once he 564 00:34:11,160 --> 00:34:13,160 Speaker 3: gets a new trial, then they can dismiss the case 565 00:34:13,200 --> 00:34:15,680 Speaker 3: because they don't have any evidence. They don't have any 566 00:34:15,719 --> 00:34:17,960 Speaker 3: admissible evidence, right. 567 00:34:18,160 --> 00:34:22,239 Speaker 1: The only evidence they had back then was the snitch testimony, 568 00:34:22,280 --> 00:34:26,360 Speaker 1: which was totally uncorroborated and therefore now inadmissible under the 569 00:34:26,440 --> 00:34:30,160 Speaker 1: law that resulted from Leslie White sixty minutes and the 570 00:34:30,200 --> 00:34:35,400 Speaker 1: subsequent investigation. Not to mention that Jesse Williams recanted, Leslie 571 00:34:35,440 --> 00:34:38,799 Speaker 1: White took a perjury charge and four years to undo 572 00:34:38,960 --> 00:34:42,600 Speaker 1: his damage to Kevin, and Willie Battles is presumed dead 573 00:34:42,840 --> 00:34:46,319 Speaker 1: or he might have done the same. So are they 574 00:34:46,400 --> 00:34:49,560 Speaker 1: gonna move forward with your habeas idea or are they 575 00:34:49,600 --> 00:34:52,840 Speaker 1: looking for something better to hang their hat on, considering 576 00:34:52,880 --> 00:34:57,360 Speaker 1: that your idea would prove that this conviction has absolutely 577 00:34:57,440 --> 00:34:58,920 Speaker 1: no integrity. 578 00:34:59,200 --> 00:35:01,400 Speaker 3: I'm not sure what going to happen. It seems like 579 00:35:01,800 --> 00:35:05,200 Speaker 3: that they're just waiting for the parole hearing. 580 00:35:05,640 --> 00:35:07,560 Speaker 1: Right, Kevin is up for parole at the beginning of 581 00:35:07,600 --> 00:35:08,640 Speaker 1: twenty twenty two. 582 00:35:08,760 --> 00:35:13,080 Speaker 3: And if the DA's office does not oppose parole, he 583 00:35:13,120 --> 00:35:16,840 Speaker 3: will probably get released on parole. However, he will be 584 00:35:16,920 --> 00:35:18,880 Speaker 3: on parole for the rest of his life for a 585 00:35:18,920 --> 00:35:21,520 Speaker 3: crime that he did not commit, as well as having 586 00:35:21,600 --> 00:35:24,239 Speaker 3: served thirty five years for a crime that he did 587 00:35:24,239 --> 00:35:28,080 Speaker 3: not commit. I think that George Gascon himself has not 588 00:35:29,000 --> 00:35:33,600 Speaker 3: heard the evidence in this case. Once he realizes exactly 589 00:35:33,640 --> 00:35:35,799 Speaker 3: what went on in this case, I'm sure that he 590 00:35:35,840 --> 00:35:38,800 Speaker 3: will see that justice is done and Kevin will get released. 591 00:35:39,200 --> 00:35:42,240 Speaker 1: That's our hope as well, and anyone in our audience 592 00:35:42,280 --> 00:35:44,640 Speaker 1: who feels the same way, and I hope all of 593 00:35:44,680 --> 00:35:46,959 Speaker 1: you do, can scroll down to the link in the bio. 594 00:35:47,120 --> 00:35:50,839 Speaker 1: There's a petition to George Gascon to do just that. 595 00:35:51,400 --> 00:35:55,560 Speaker 1: He's a good man and he's a very reasonable person. 596 00:35:55,920 --> 00:35:58,879 Speaker 1: I mean, really, I honestly like to clone George. He's 597 00:35:58,880 --> 00:36:03,200 Speaker 1: that kind of guy. We hope that he and others 598 00:36:03,239 --> 00:36:06,200 Speaker 1: in his office could come around to our view. Kevin 599 00:36:06,239 --> 00:36:10,240 Speaker 1: would admit to anyone that he wasn't living with really 600 00:36:10,320 --> 00:36:14,520 Speaker 1: honorable life at that point. But in fact, ironically, it 601 00:36:14,560 --> 00:36:16,919 Speaker 1: was at this moment in his life that he did 602 00:36:17,120 --> 00:36:21,919 Speaker 1: something truly honorable. He went to Otis's mother and then 603 00:36:21,960 --> 00:36:25,120 Speaker 1: to the police to do the right thing. Does that 604 00:36:25,560 --> 00:36:29,400 Speaker 1: sound like the actions of someone possessing criminal intent. 605 00:36:30,160 --> 00:36:32,239 Speaker 4: Well, I know I need the ryting when I went 606 00:36:32,360 --> 00:36:36,320 Speaker 4: to the police ten and high total food, a total 607 00:36:36,360 --> 00:36:41,120 Speaker 4: food firm, and jury. Even now, I don't regret doing 608 00:36:41,120 --> 00:36:45,000 Speaker 4: the riating because he was love for his life and 609 00:36:45,680 --> 00:36:48,280 Speaker 4: it was important for his mother to know the food 610 00:36:48,719 --> 00:36:51,520 Speaker 4: what happen to her son. Maybe I wouldn't say that 611 00:36:51,600 --> 00:36:55,759 Speaker 4: while I'm in jail. He cast me a lot. I've 612 00:36:55,800 --> 00:36:59,840 Speaker 4: lost like seventeen family members. My mom's hands spoken to 613 00:36:59,920 --> 00:37:03,160 Speaker 4: you years ago. Now it talks me a lot. But 614 00:37:03,239 --> 00:37:06,000 Speaker 4: I was should do it even all this time. I 615 00:37:06,120 --> 00:37:09,040 Speaker 4: found ruin the last five years, so I'm at finding 616 00:37:09,080 --> 00:37:12,080 Speaker 4: with God in myself. So now it's like, you know what, 617 00:37:12,920 --> 00:37:16,200 Speaker 4: There's nothing I can do about what they've done. I'm 618 00:37:16,239 --> 00:37:18,280 Speaker 4: not gonna let them take what's rest that I got 619 00:37:18,480 --> 00:37:22,440 Speaker 4: in my speed and now my family is proud of me, 620 00:37:23,000 --> 00:37:26,360 Speaker 4: even though I've never done nothing, because I've changed my life. 621 00:37:26,800 --> 00:37:29,680 Speaker 4: So I'm gonna keep pushing. I'm gonna keep believing I 622 00:37:29,680 --> 00:37:30,600 Speaker 4: got to so. 623 00:37:30,760 --> 00:37:35,040 Speaker 1: I got And with that we will now go to 624 00:37:35,200 --> 00:37:39,720 Speaker 1: closing arguments as they still ring true today with justice 625 00:37:39,840 --> 00:37:43,640 Speaker 1: delayed in this case, I first of all, thank you both. 626 00:37:43,880 --> 00:37:47,600 Speaker 1: Turn my microphone off, leave my headphones on, close my eyes, 627 00:37:47,640 --> 00:37:50,680 Speaker 1: and let you both talk about whatever you want for 628 00:37:50,800 --> 00:37:53,560 Speaker 1: the last few minutes of the show. Kevin, we're gonna 629 00:37:53,560 --> 00:37:57,440 Speaker 1: save you for last if that's okay. And Stephen, please 630 00:37:57,560 --> 00:38:00,000 Speaker 1: just share whatever it is that's on your mind. 631 00:38:00,800 --> 00:38:06,400 Speaker 3: Uh well, Kevin, let's hope this is another step to 632 00:38:07,760 --> 00:38:12,600 Speaker 3: get you out of prison. It's been a long, long road, 633 00:38:12,680 --> 00:38:15,840 Speaker 3: but I won't give up ever. 634 00:38:17,280 --> 00:38:18,520 Speaker 1: And Kevin, over to you. 635 00:38:19,400 --> 00:38:22,760 Speaker 4: I'm thankful, you know. And it's taking me a long time, 636 00:38:23,360 --> 00:38:25,879 Speaker 4: but I'm at peace last year, like the last five 637 00:38:25,960 --> 00:38:29,759 Speaker 4: years now, and my life now still has purpose and 638 00:38:29,920 --> 00:38:34,520 Speaker 4: meaning despite what they've done. I owe no feel feelings, 639 00:38:34,600 --> 00:38:38,759 Speaker 4: force nobody. He is what he is, He is all 640 00:38:38,800 --> 00:38:41,680 Speaker 4: I've lost, all lost in my life. I was twenty 641 00:38:41,680 --> 00:38:44,399 Speaker 4: four years old. I'm fishing now. I've been seen over 642 00:38:44,480 --> 00:38:48,200 Speaker 4: five years. So it's like there's nothing enough that I 643 00:38:48,239 --> 00:38:51,560 Speaker 4: can't do that I don't consult it, but I won't 644 00:38:51,640 --> 00:38:54,600 Speaker 4: let what they've done to me back then is something 645 00:38:54,640 --> 00:38:58,560 Speaker 4: to me. Now I'm free, you know I am. I'm 646 00:38:58,600 --> 00:39:02,080 Speaker 4: at pe and and even if I die in here, 647 00:39:02,719 --> 00:39:05,200 Speaker 4: I'll be at peace knowing I stood for the swoop 648 00:39:05,280 --> 00:39:09,280 Speaker 4: into woman. I need the right thing as an adult, 649 00:39:10,040 --> 00:39:13,920 Speaker 4: so my parents were proud of. There's nothing I can 650 00:39:14,200 --> 00:39:18,400 Speaker 4: do but keep my mind focusing on what's possible, what 651 00:39:18,480 --> 00:39:20,560 Speaker 4: could be possible, and how to help us. 652 00:39:20,640 --> 00:39:23,520 Speaker 5: It is a human opportunity to this God family in 653 00:39:23,520 --> 00:39:26,879 Speaker 5: my community where I see them. You know, I won't 654 00:39:26,960 --> 00:39:28,080 Speaker 5: let nothing take that from me. 655 00:39:28,400 --> 00:39:31,960 Speaker 4: That's all I have. And I appreciate everything that you 656 00:39:32,040 --> 00:39:35,200 Speaker 4: guys are doing, and I appreciate what support from everybody, 657 00:39:35,400 --> 00:39:37,799 Speaker 4: whether it's for the governor whatever it can be done 658 00:39:38,640 --> 00:39:41,960 Speaker 4: to help me. This is just the truth, the absolute 659 00:39:42,440 --> 00:39:43,560 Speaker 4: in front of the people, and. 660 00:39:43,480 --> 00:39:45,960 Speaker 5: They let them decide again. But I said I need 661 00:39:45,960 --> 00:39:49,160 Speaker 5: to be punished for what I needed if they say so, 662 00:39:49,440 --> 00:39:52,000 Speaker 5: because I pretended. But I was worried for my life 663 00:39:52,080 --> 00:39:54,799 Speaker 5: star for my life at the time, but I did 664 00:39:54,920 --> 00:39:58,160 Speaker 5: what I believe being was the right thing and I 665 00:39:58,160 --> 00:39:59,160 Speaker 5: don't regret doing it. 666 00:40:07,560 --> 00:40:10,800 Speaker 1: Thank you for listening to Wrongful Conviction with Jason Flahm. 667 00:40:10,960 --> 00:40:13,920 Speaker 1: Please support your local innocence projects and go to the 668 00:40:14,000 --> 00:40:15,960 Speaker 1: link in our bio to see how you can help. 669 00:40:16,400 --> 00:40:19,480 Speaker 1: I'd like to thank our production team Connor Hall, Jeff 670 00:40:19,520 --> 00:40:23,320 Speaker 1: Cliburn and Kevin Warnis. The music on the show, as always, 671 00:40:23,400 --> 00:40:26,920 Speaker 1: is by three time OSCAR nominated composer Jay Ralph. Be 672 00:40:27,000 --> 00:40:30,239 Speaker 1: sure to follow us on Instagram at Wrongful Conviction and 673 00:40:30,320 --> 00:40:34,600 Speaker 1: on Facebook at Wrongful Conviction Podcast. Wrongful Conviction with Jason 674 00:40:34,640 --> 00:40:37,040 Speaker 1: Flahm is a production of Lava for Good Podcasts and 675 00:40:37,120 --> 00:40:44,480 Speaker 1: association with Signal Company Number one