WEBVTT - #472 Jason Flom with Kevin Dykes

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<v Speaker 1>We initially released Kevin Dyk's story on September fourteenth, twenty twenty,

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<v Speaker 1>and an update in August of twenty twenty one. Since then,

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<v Speaker 1>our understanding is that some powerful people in the Los

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<v Speaker 1>Angeles District Attorney's Office under the leadership of George Gascon,

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<v Speaker 1>listened to our coverage and agreed that Kevin deserved relief.

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<v Speaker 1>He was resentenced, paroled, and released from prison on February

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<v Speaker 1>twenty first, twenty twenty four. We are so happy that

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<v Speaker 1>he is finally home where he belongs, as we continue

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<v Speaker 1>to hope for his full exoneration. Please check the episode description.

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<v Speaker 1>There's a link to his cash ap. He needs our

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<v Speaker 1>help as he struggles to get his life back together

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<v Speaker 1>after thirty eight long years in prison. Here's our coverage

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<v Speaker 1>of his story. As a child, in the late nineteen seventies,

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<v Speaker 1>Kevin Dykes accidentally killed his best friend when they were

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<v Speaker 1>playing with a gun, sending him to juvie for involuntary manslaughter.

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<v Speaker 1>When he got out, he turned to petty drug dealing

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<v Speaker 1>in Compton, California. Fast forward to nineteen eighty six. After

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<v Speaker 1>a terrible assault that led to a four month hospital stint,

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<v Speaker 1>Kevin continued peddling drugs from his temporary wheelchair for two

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<v Speaker 1>men named Slim and Hondo. Kevin rented a bed and

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<v Speaker 1>a trailer home in his landlord's driveway, where Slim and

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<v Speaker 1>Hondo occasionally hit weapons. That June, two incidents occurred just

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<v Speaker 1>days apart, resulting in one murder and two attempted murders.

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<v Speaker 1>The first during a party, when Kevin booted his friend

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<v Speaker 1>Ephram for being belligerently drunk. Slim and Hondo followed he from,

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<v Speaker 1>stabbing him several times. A neighborhood mother, Missus Bradley, came

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<v Speaker 1>to Ephraim's aid, only to get stabbed as well. Kevin intervened,

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<v Speaker 1>jumping from his wheelchair to stop the assault before it

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<v Speaker 1>turned fatal. A few days later, Slim and Hondo accused

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<v Speaker 1>Kevin's friend Otis Perry of stealing their gun from Kevin's trailer,

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<v Speaker 1>stabbing him eighty one times. Unable to stop the murderous

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<v Speaker 1>frenzy and fearing for his own life, Kevin helped them

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<v Speaker 1>clean up before going to the police a few hours later.

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<v Speaker 1>A few days after that, Kevin was arrested for cocaine

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<v Speaker 1>possession and put into a special holding tank for state's witnesses.

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<v Speaker 1>Then three jailhouse snitches claimed that Kevin had confessed to

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<v Speaker 1>all three attacks in exchange for leniency in their own cases.

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<v Speaker 1>Kevin Dykes is serving life in prison on the word

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<v Speaker 1>of three notorious jailhouse snitches. This is Wrongful Conviction with

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<v Speaker 1>Jason flamm Wrongful Conviction has always given voice to innocent

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<v Speaker 1>people in prison, and now we're expanding that voice to you.

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<v Speaker 1>Call us at eight three three two O seven four

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<v Speaker 1>six sixty six and tell us how these stories make

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<v Speaker 1>you feel and what you've done to help the cause,

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<v Speaker 1>even if it's something as simple as telling a friend

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<v Speaker 1>or sharing out social media, and you might just hear

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<v Speaker 1>yourself in a future episode. Call us A three three

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<v Speaker 1>two O seven four six sixty six.

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<v Speaker 2>This is Global taill Link. You have a prepaid call

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<v Speaker 2>from care an inmate at the California State Prison, Los

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<v Speaker 2>Angeles County, Lancaster, California. This call and your telephone number

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<v Speaker 2>will be monitored and recorded. To accept this call, say

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<v Speaker 2>or dial five now. Thank you for using globaltaill Link.

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<v Speaker 1>Welcome back to Wrawful Conviction with Jason Flomp. Today we

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<v Speaker 1>have an incredible story, so we're going to get right

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<v Speaker 1>into it, and I'm going to introduce you first to

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<v Speaker 1>Stephen K. Howser. He's a criminal defense attorney representing the

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<v Speaker 1>star of this episode, Kevin Diyke. Stephen, Welcome to Wrongful Conviction.

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<v Speaker 3>Thank you, glad to be here.

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<v Speaker 1>And Kevin Dykes is on the phone with us from prison,

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<v Speaker 1>and I hope we'll be able to do something about

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<v Speaker 1>his situation because it is awful. Kevin. I'm sorry you're

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<v Speaker 1>here where you are, but I'm happy you're here with

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<v Speaker 1>us today. So thank you for.

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<v Speaker 4>Being here, no problem, thank you for the opportunity.

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<v Speaker 1>This case goes back to Compton nineteen eighty six, and

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<v Speaker 1>it's got so much that you'll think I'm talking about

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<v Speaker 1>a movie script that would be too much to be believed,

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<v Speaker 1>except for it's real. It's got gangster's name Hondo and Slim.

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<v Speaker 1>It's got drugs, it's got snitches that ended up on

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<v Speaker 1>sixty minutes. It's got laws that changed, and victims who

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<v Speaker 1>testified that this was not the guy who did it.

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<v Speaker 1>It's got a guy who's in prison for three and

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<v Speaker 1>a half decades with no evidence against him except the

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<v Speaker 1>testimony of jailhouse snitches who have recanted their testimony. It

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<v Speaker 1>is nuts, but it's true. So let's get right into it.

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<v Speaker 1>And Kevin, let's start with you going back to your

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<v Speaker 1>youth because you grew up in common.

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<v Speaker 4>Right, Yes, I grew up good, two pay at homes

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<v Speaker 4>in the pop Water Sport. I actually had a real

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<v Speaker 4>good up bringing until I, uh, I think it's actually

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<v Speaker 4>saying I ended up actually killing my best friend. I

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<v Speaker 4>went for a voluntary man father, and I was sick too.

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<v Speaker 3>And for those of you who don't know, YA or

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<v Speaker 3>CYA is the California Youth Authority.

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<v Speaker 1>As I understand it, your friend's death was entirely accidental,

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<v Speaker 1>just two kids who made a big mistake playing with

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<v Speaker 1>a gun. But they still sent your way to Julie

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<v Speaker 1>for involuntary manslaughter. And I also understand that you harbor

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<v Speaker 1>a lot of guilt about this. Even though the family

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<v Speaker 1>forgave you, yes.

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<v Speaker 4>Just family, they stayed them directly across the street from

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<v Speaker 4>my family, even to the day, still film the same street.

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<v Speaker 4>Although the family had for given me, written me letters

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<v Speaker 4>and come to see me. When I got out, I

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<v Speaker 4>saw what idea to that family, and I didn't know

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<v Speaker 4>how to process. Although my mother and my father my

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<v Speaker 4>grandmother and all kind of people were trying to help me.

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<v Speaker 4>I didn't know how to ask for their help that

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<v Speaker 4>I actually needed. So I got Digris, a little deck grid.

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<v Speaker 5>To the King.

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<v Speaker 1>So the guilt kind of derailed your potential, it seems.

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<v Speaker 1>And after Juvie, you start dealing drugs and looking outside

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<v Speaker 1>of what seemed like a supportive home for whatever it

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<v Speaker 1>was that you felt you needed, acceptance, identity, whatever, out

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<v Speaker 1>in the street. So fast forward to January nineteen eighty six.

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<v Speaker 1>Some other really bad stuff happens January eighteenth.

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<v Speaker 4>So I try to kiddingap me. They try to cheat

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<v Speaker 4>them in front of my house. I followed. They ran

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<v Speaker 4>me through a brick wall. They both my inter smashed

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<v Speaker 4>my failings. So I went to the hospital January eighteenth

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<v Speaker 4>in dollars to May twenties. When I got out of

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<v Speaker 4>the hospital, I was in a wheelchair and I had

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<v Speaker 4>a walker, and I was going to a therapy.

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<v Speaker 1>Yes, someone tried to kidnap Kevin. So you fought them off,

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<v Speaker 1>and they ended up hitting you with their car against

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<v Speaker 1>a brick wall, broke your hips, snapped your pelvis, and

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<v Speaker 1>put you in the hospital for four months. I mean,

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<v Speaker 1>you're lucky to even be alive. And we haven't even

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<v Speaker 1>gotten to the part that has you locked up right now. Okay,

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<v Speaker 1>so it's May nineteen eighty six. You're temporarily in this

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<v Speaker 1>wheelchair doing physical therapy and dealing drugs for these two

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<v Speaker 1>mid level management drug dealers named Slim and Hondo.

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<v Speaker 3>Slim and Hondo decided that they were going to take

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<v Speaker 3>over the local drug sales. I believe they helped Kevin

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<v Speaker 3>and some of his friends with small amounts of cocaine

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<v Speaker 3>to sell in the neighborhood, and they would periodically show

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<v Speaker 3>up and I guess resupply the local sellers, including Kevin

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<v Speaker 3>and Kevin.

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<v Speaker 1>You were renting a place to stay from a man

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<v Speaker 1>named mister Bryce. You were renting a bed in this

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<v Speaker 1>mobile home that's sat in his driveway right.

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<v Speaker 4>Yeah, I was standing mister Bryce's mobile hole. We had

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<v Speaker 4>a mobile home. They had like six days in a

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<v Speaker 4>shower and all that stuff inside. It was parked in

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<v Speaker 4>the driveway. Sometimes my friends used to places to stay.

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<v Speaker 4>They had like six paces where he suld be sleeping there.

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<v Speaker 4>So Otis would come in and sleeping.

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<v Speaker 6>There, and Otis is Otis Perry, who occasionally stayed at

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<v Speaker 6>mister Bryce's mobile home, and he's the one that was

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<v Speaker 6>eventually stabbed like slimon Hondo for taking the gun that

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<v Speaker 6>they had left in the trailer.

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<v Speaker 3>The night that these two attempting murders occurred outside a

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<v Speaker 3>party at mister Bryce's house.

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<v Speaker 4>Yes, oldly, my cousin Pam was inside the mobile home.

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<v Speaker 4>I was inside the house where the party was there

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<v Speaker 4>when the fighting, when the fight after, so I didn't

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<v Speaker 4>know this was out there at the time. And I

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<v Speaker 4>know Slim pulled up. They knew mister Bryce didn't allow

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<v Speaker 4>guns in his house, but they heard a gun in

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<v Speaker 4>the mobile home with my cousin and Olsted. But I

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<v Speaker 4>still didn't know and about that at that time.

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<v Speaker 1>Okay, So now the stage is finally set for these

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<v Speaker 1>crimes to take place. This is we're talking June nineteenth,

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<v Speaker 1>nineteen eighty six. There's a little party going on at

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<v Speaker 1>mister Bryce's. Your friend Otis and your cousin Pam are

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<v Speaker 1>in the mobile home in the driveway. Slim and Hondo,

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<v Speaker 1>your bosses, come to hang out, but out of respect

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<v Speaker 1>for mister Bryce, they leave their gun in the mobile home.

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<v Speaker 1>Then your friend Ephraim is at the party and he

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<v Speaker 1>is drunk, to say the least.

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<v Speaker 4>Wellphim is my older homeboy. He was being religerate and

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<v Speaker 4>wrestle with the females. I was up in there and

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<v Speaker 4>grabbing drinks and didn't belong to him, and I told

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<v Speaker 4>the man go down to the pool man, keep back.

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<v Speaker 4>I got he kept home. So I got pissed off

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<v Speaker 4>and I hate him once and when I hate him,

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<v Speaker 4>Hondo slim. Both of them attackly be some of them.

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<v Speaker 4>I here's what they see, he said. I didn't understand,

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<v Speaker 4>and why did they get involved in there? Here's what

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<v Speaker 4>they said. Because I could barely walked. They people were

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<v Speaker 4>taking advantage of my disability.

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<v Speaker 1>Oh okay, so your drug bosses are sticking up for you,

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<v Speaker 1>but then they go way beyond what you would ever

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<v Speaker 1>want them to do.

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<v Speaker 4>Yes, So once I stuck some both of them attacking,

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<v Speaker 4>I got them to stop. Told these communities. He left,

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<v Speaker 4>and then they take him down the street. They caught

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<v Speaker 4>him at the end of the corner. Once I got

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<v Speaker 4>down there, I saw that they was actually stabbing. When

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<v Speaker 4>I Hando leaving alone, Hondo, he looked up and saw me.

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<v Speaker 4>But when he saw me, he saw this Bradley. Behind

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<v Speaker 4>me was Brady as my older home was mother. When

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<v Speaker 4>she looked up and saw that it was her son,

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<v Speaker 4>she tried to turn it around. He ran her down,

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<v Speaker 4>grabbed her by her address, and saw her stabbing her.

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<v Speaker 4>I hopped my way to him and grabbed him to

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<v Speaker 4>see him off of her, and once an hour Holy

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<v Speaker 4>she got loose. We gave you from time to shut up,

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<v Speaker 4>and then I got to toil that she should the

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<v Speaker 4>call and drove them off. I drove off to a

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<v Speaker 4>motive and then I came back to Hic and Missus Bradley.

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<v Speaker 4>But the Amma's already came and it was the hospital.

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<v Speaker 1>So you basically saved Missus Bradley and Ephraim from being

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<v Speaker 1>murdered by Slim and Hondo by convincing them to stop

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<v Speaker 1>stabbing them and drive away from the scene. But this

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<v Speaker 1>incident on June nineteenth is what becomes two charges of

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<v Speaker 1>attempted murder that gets stuck on you, the guy confined

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<v Speaker 1>to a wheelchair at the time. Yeah, okay, so Slim

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<v Speaker 1>and Hondo stabbed both Ephraim and Missus Bradley. You drove

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<v Speaker 1>them to a motel. At some point, your friend otis

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<v Speaker 1>back at the mobile home takes the gun Slim and

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<v Speaker 1>Hondo had left behind. Not too smart, by the way,

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<v Speaker 1>because Slim and knew who was in the mobile home

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<v Speaker 1>when they stashed it in the first place, so they

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<v Speaker 1>come looking for Otis on June twenty thirty.

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<v Speaker 4>June twenty thirty, he came over looking for Otis like

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<v Speaker 4>one something in the morning. They said, come outsire, I'm

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<v Speaker 4>gonna go and kill Oldis. I didn't know Otis was

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<v Speaker 4>out here in the motor home. So when I went

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<v Speaker 4>out to the front yard going to the motor opened,

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<v Speaker 4>Oldis stepped out. Hanolds attacked Otis said may with my gun.

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<v Speaker 4>He said, we can go get it. He said, too late,

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<v Speaker 4>and they attashing. They started fighting. ODIs was fighting back,

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<v Speaker 4>but they were fighting him from the side of the

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<v Speaker 4>mobile hole and went around the garage, and that was

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<v Speaker 4>the first time I saw him being stashed. And I

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<v Speaker 4>came back from around there. I wasn't neighboring one or

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<v Speaker 4>whatever it's so didn't say nothing and just listener to

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<v Speaker 4>everything that was going on. And I don't know how

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<v Speaker 4>the much time passed, but gave Honolds came from around

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<v Speaker 4>there and it was no more noise. I was wondering

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<v Speaker 4>it okay, now what He said, uh woo something, you

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<v Speaker 4>got some revenue, And then I gave him my blak

0:13:01.240 --> 0:13:04.240
<v Speaker 4>so him a swim went behind the babe and wrapped

0:13:04.280 --> 0:13:07.320
<v Speaker 4>him up, drugged him out and put him in the car.

0:13:08.080 --> 0:13:10.520
<v Speaker 4>And instead of hear him, the slim boy, he said,

0:13:10.559 --> 0:13:13.040
<v Speaker 4>you swim, you stay here watching out all the blood

0:13:13.040 --> 0:13:15.560
<v Speaker 4>that was coming from behind the motherwll and showed me

0:13:15.600 --> 0:13:17.560
<v Speaker 4>to get in the car and ride with him. So

0:13:17.640 --> 0:13:20.320
<v Speaker 4>I took him over through my own boys neighborhood by

0:13:20.360 --> 0:13:23.439
<v Speaker 4>the canail, and that's where he jumped in and I said, look,

0:13:23.480 --> 0:13:26.480
<v Speaker 4>I'll be back. I left it deb came back.

0:13:27.640 --> 0:13:31.280
<v Speaker 1>And what would you tell anyone listening now who's wondering

0:13:31.360 --> 0:13:34.040
<v Speaker 1>why you played any part in getting rid of the

0:13:34.080 --> 0:13:35.480
<v Speaker 1>body with Slim and Hondo.

0:13:35.840 --> 0:13:36.160
<v Speaker 5>I did.

0:13:36.200 --> 0:13:38.920
<v Speaker 4>With any reasonable person not trying to die, I would

0:13:38.960 --> 0:13:41.840
<v Speaker 4>have done. I have seen what I saw. I knew

0:13:42.000 --> 0:13:45.160
<v Speaker 4>I gotta do something that made myself a part of

0:13:45.200 --> 0:13:48.200
<v Speaker 4>what's going on. And I wasn't as physically able to

0:13:48.200 --> 0:13:51.800
<v Speaker 4>do nothing to prevent myself from being killed. And I

0:13:52.120 --> 0:13:55.360
<v Speaker 4>expressed that that was the smartest thing that I could

0:13:55.400 --> 0:13:59.520
<v Speaker 4>have done at the time for myself, instead of doing nothing.

0:14:00.200 --> 0:14:03.080
<v Speaker 1>If you had done nothing at all. What do you

0:14:03.200 --> 0:14:05.240
<v Speaker 1>think Slim and Honda would have done?

0:14:05.679 --> 0:14:07.720
<v Speaker 4>I was a little bit too afraid to find out.

0:14:08.760 --> 0:14:11.880
<v Speaker 4>I was in a position where something happened to my

0:14:12.080 --> 0:14:17.400
<v Speaker 4>free and Donald Ross, and I knew what I thought

0:14:17.559 --> 0:14:20.120
<v Speaker 4>was the best thing to do for my silks. They're

0:14:20.160 --> 0:14:22.680
<v Speaker 4>not two folders now.

0:14:33.120 --> 0:14:37.480
<v Speaker 1>This episode is underwritten by Paul Weiss, Rifkin, Porton and Garrison,

0:14:37.640 --> 0:14:41.160
<v Speaker 1>a leading international law firm. Paul Weiss has long had

0:14:41.200 --> 0:14:45.440
<v Speaker 1>an unwavering commitment to providing impactful, pro bono legal assistance

0:14:45.520 --> 0:14:48.000
<v Speaker 1>to the most vulnerable members of our society and in

0:14:48.080 --> 0:14:51.840
<v Speaker 1>support of the public interest, including extensive work in the

0:14:51.880 --> 0:14:59.040
<v Speaker 1>criminal justice area. You're listening to Wrongful Conviction. You can

0:14:59.080 --> 0:15:01.600
<v Speaker 1>listen to this and all the Lava for Good podcasts

0:15:01.640 --> 0:15:04.960
<v Speaker 1>one week early and ad free by subscribing to Lava

0:15:05.000 --> 0:15:17.200
<v Speaker 1>for Good Plus on Apple podcasts. Otis's murder eventually gets

0:15:17.280 --> 0:15:20.800
<v Speaker 1>pinned on you, the guy who was only able to

0:15:20.880 --> 0:15:25.120
<v Speaker 1>watch or listen helplessly as your friend got stabbed to death.

0:15:25.240 --> 0:15:29.480
<v Speaker 1>And then, in order to save your own life, you

0:15:29.520 --> 0:15:31.280
<v Speaker 1>did what probably any of us would have done. You

0:15:31.280 --> 0:15:34.400
<v Speaker 1>played along with Slim and Hondo until you could get away.

0:15:34.920 --> 0:15:38.080
<v Speaker 1>I would not want to have been in your shoes.

0:15:38.120 --> 0:15:41.840
<v Speaker 1>At that point, you just lost your friend. Otis you

0:15:41.960 --> 0:15:45.040
<v Speaker 1>had to contend with the question of to snitch or

0:15:45.080 --> 0:15:47.920
<v Speaker 1>not to snitch on like a sophie's choice on these

0:15:47.960 --> 0:15:49.880
<v Speaker 1>two murderous drug dealers.

0:15:49.880 --> 0:15:53.320
<v Speaker 4>Definitely, I was sign the process. What just happened to

0:15:53.520 --> 0:15:57.240
<v Speaker 4>show sixty seven o'clock in the morning. That's when I

0:15:57.280 --> 0:16:00.760
<v Speaker 4>saw the police told that you got who there was?

0:16:01.200 --> 0:16:03.320
<v Speaker 4>One always said come over here and look at Moved

0:16:03.320 --> 0:16:05.640
<v Speaker 4>and Blake, and I knew it was. I said, I

0:16:05.680 --> 0:16:09.240
<v Speaker 4>know where he lives, to the little mother's house. And

0:16:09.320 --> 0:16:11.520
<v Speaker 4>then when we came back to the scene, I asked

0:16:11.600 --> 0:16:14.480
<v Speaker 4>my saying, look if I had any information, talk on

0:16:14.520 --> 0:16:17.840
<v Speaker 4>my contract, and he gave me his car. I took

0:16:17.880 --> 0:16:21.080
<v Speaker 4>your car, rode a mile two whiles and I went

0:16:21.160 --> 0:16:23.880
<v Speaker 4>to the phone boof and then I called the police

0:16:23.880 --> 0:16:25.960
<v Speaker 4>to look and I told everything the thing needs to

0:16:26.040 --> 0:16:27.920
<v Speaker 4>know and told him while I was there, they came

0:16:27.960 --> 0:16:30.200
<v Speaker 4>and picked me up, took me out to the station

0:16:30.760 --> 0:16:33.280
<v Speaker 4>and I made the tape and then once I made

0:16:33.320 --> 0:16:36.000
<v Speaker 4>the take, they let me go. I went back home.

0:16:37.080 --> 0:16:40.080
<v Speaker 1>So you made a statement to a sergeant Sergeant Preston,

0:16:40.600 --> 0:16:43.160
<v Speaker 1>and you're going to be a witness and Steve, maybe

0:16:43.240 --> 0:16:45.360
<v Speaker 1>you can tell us about the next part of the story,

0:16:45.400 --> 0:16:48.280
<v Speaker 1>which is how Kevin was picked up for cocaine possessions.

0:16:48.280 --> 0:16:52.640
<v Speaker 1>Sometime later and while in the state's witness holding area

0:16:52.680 --> 0:16:57.360
<v Speaker 1>of La County Jail, he eventually meets three guys who

0:16:57.440 --> 0:17:01.240
<v Speaker 1>are responsible for him being in this horle ruble predicament today.

0:17:01.560 --> 0:17:04.679
<v Speaker 3>What happened was Kevin got arrested for a possession of

0:17:04.800 --> 0:17:08.439
<v Speaker 3>cocaine charge and because he was the main witness against

0:17:08.440 --> 0:17:11.880
<v Speaker 3>Slim and Hondo on a murder case, they put him

0:17:12.240 --> 0:17:16.840
<v Speaker 3>in with other prosecution witnesses and it's commonly called the

0:17:16.920 --> 0:17:21.159
<v Speaker 3>snitch Tank, which is a separate jail from the men's

0:17:21.200 --> 0:17:25.320
<v Speaker 3>central jail. And while Kevin was in there, he told

0:17:25.400 --> 0:17:30.480
<v Speaker 3>his cellmate, Willie Battle and the guy that was in

0:17:30.520 --> 0:17:34.879
<v Speaker 3>the next cel over, Jesse Williams. He told them what

0:17:35.040 --> 0:17:38.760
<v Speaker 3>actually happened because they asked, and that's very common in jail,

0:17:38.800 --> 0:17:41.920
<v Speaker 3>what are he in for? And they exchanged information, but

0:17:42.040 --> 0:17:45.120
<v Speaker 3>this time it only came from Kevin. He told him

0:17:45.119 --> 0:17:49.480
<v Speaker 3>what happened, and they twisted it around and ran with it.

0:17:50.080 --> 0:17:53.280
<v Speaker 3>And then they called the Compton Police Department and asked

0:17:53.320 --> 0:17:56.080
<v Speaker 3>them if they had a murder case where the body

0:17:56.200 --> 0:17:58.919
<v Speaker 3>was found by a canal. They called it a canal,

0:17:58.920 --> 0:18:03.040
<v Speaker 3>it's really a drainage. And they put him in contact

0:18:03.080 --> 0:18:07.679
<v Speaker 3>with Detective Marvin Branscombe, who was not Sergeant Preston, who

0:18:07.840 --> 0:18:11.480
<v Speaker 3>Kevin gave the statement to, and they convinced Branscomb that

0:18:11.600 --> 0:18:14.640
<v Speaker 3>what they had to say was true, which they said

0:18:14.680 --> 0:18:18.280
<v Speaker 3>that Kevin confessed to these tempted murders and murder.

0:18:19.160 --> 0:18:21.520
<v Speaker 4>They say, we got a guy out here bragging about

0:18:21.640 --> 0:18:25.400
<v Speaker 4>chilling his guy and sad with lady telling this time,

0:18:25.480 --> 0:18:28.240
<v Speaker 4>don't kill it. So I end up all from being

0:18:28.359 --> 0:18:32.480
<v Speaker 4>the actual witness now being the actual killer.

0:18:33.000 --> 0:18:36.600
<v Speaker 3>So Kevin became a defendant instead of the prosecution witness.

0:18:36.960 --> 0:18:38.800
<v Speaker 3>And they moved him out of the snitch tank to

0:18:38.840 --> 0:18:42.080
<v Speaker 3>another part of the jail. So Kevin's transferred over to

0:18:42.480 --> 0:18:46.080
<v Speaker 3>the central jail, and then he met a very notorious

0:18:46.200 --> 0:18:49.320
<v Speaker 3>nitch named Leslie White. And I get a call from

0:18:49.400 --> 0:18:53.600
<v Speaker 3>Leslie White. I'd never heard of Leslie White. Leslie White says,

0:18:53.640 --> 0:18:59.120
<v Speaker 3>I understand you're defending Kevin Dykes and that he has

0:18:59.240 --> 0:19:02.600
<v Speaker 3>been rare it out by two snitches. And I said,

0:19:02.640 --> 0:19:06.200
<v Speaker 3>that's exactly right. He says, well, I can help you.

0:19:06.200 --> 0:19:08.400
<v Speaker 3>You come down here and I'm going to tell you

0:19:08.520 --> 0:19:12.360
<v Speaker 3>all about the snitch system and how it works. Okay.

0:19:12.800 --> 0:19:14.720
<v Speaker 3>So I go down to the jail. I talked to

0:19:14.840 --> 0:19:18.679
<v Speaker 3>Leslie White. He tells me about how inmates get a

0:19:18.680 --> 0:19:24.680
<v Speaker 3>hold of paperwork and change facts and get a hold

0:19:24.720 --> 0:19:28.439
<v Speaker 3>of the detective or DA that's handling a particular murder case.

0:19:29.640 --> 0:19:34.160
<v Speaker 3>And because they know these unique facts, they can convince

0:19:34.440 --> 0:19:38.000
<v Speaker 3>the detective or district attorney that's handling the case that

0:19:38.119 --> 0:19:41.480
<v Speaker 3>this confession was a valid confession. So I said, well,

0:19:41.480 --> 0:19:43.800
<v Speaker 3>that sounds good, Okay, I'll put you on the witness list,

0:19:43.840 --> 0:19:48.639
<v Speaker 3>mister White. So about a week or two later, I

0:19:48.680 --> 0:19:52.480
<v Speaker 3>get the witness list from the district attorney and Leslie

0:19:52.480 --> 0:19:56.320
<v Speaker 3>White is on there as a people's witness. And not

0:19:56.440 --> 0:19:59.720
<v Speaker 3>only that, I get a report that says that Kevin

0:20:00.080 --> 0:20:05.600
<v Speaker 3>Ike's confessed to Leslie White. And I'm flabbergasted because I

0:20:05.720 --> 0:20:08.320
<v Speaker 3>just talked to Leslie White and he was going to

0:20:08.320 --> 0:20:11.119
<v Speaker 3>be a witness for Kevin. So I go down to

0:20:11.160 --> 0:20:14.640
<v Speaker 3>the jail and I call out Leslie White and he's

0:20:14.680 --> 0:20:16.480
<v Speaker 3>willing to come and talk to me, and I said,

0:20:17.160 --> 0:20:19.920
<v Speaker 3>what do you are? You a witness? For the prosecution. Now,

0:20:20.520 --> 0:20:24.040
<v Speaker 3>he says, yep, I said, well, you know that Kevin's innocent.

0:20:24.400 --> 0:20:26.840
<v Speaker 3>Why do you doing what? How can you do that?

0:20:27.640 --> 0:20:30.520
<v Speaker 3>And he says, well, man's got to do what he's

0:20:30.520 --> 0:20:32.760
<v Speaker 3>got to do. That's what he said.

0:20:33.920 --> 0:20:36.280
<v Speaker 1>I gotta be honest. My head is spinning and I

0:20:36.320 --> 0:20:39.000
<v Speaker 1>didn't even live through this. I mean, this is Kevin.

0:20:39.040 --> 0:20:41.439
<v Speaker 1>I mean, I'm so sorry that you're living this is

0:20:41.840 --> 0:20:43.639
<v Speaker 1>this is your life we're talking about.

0:20:44.359 --> 0:20:48.280
<v Speaker 4>I didn't actually believe that what was going on was

0:20:48.480 --> 0:20:51.680
<v Speaker 4>even possible. I didn't think that there's doub would hold.

0:20:52.920 --> 0:20:57.159
<v Speaker 4>I'm like, what, Oh, I'm an actual eye witness. The

0:20:57.400 --> 0:20:59.960
<v Speaker 4>guys they don't know none about rally, but none about

0:21:00.119 --> 0:21:03.600
<v Speaker 4>what actually happened. So I didn't really believe the people

0:21:03.640 --> 0:21:05.480
<v Speaker 4>could do what they were what they were doing to me.

0:21:05.840 --> 0:21:07.600
<v Speaker 4>I had never even heard about that before.

0:21:08.040 --> 0:21:10.480
<v Speaker 1>I mean, this is this is like nothing. I don't

0:21:10.480 --> 0:21:13.760
<v Speaker 1>think we've ever heard a story like this before. So Steven,

0:21:13.760 --> 0:21:15.040
<v Speaker 1>what happens next?

0:21:15.400 --> 0:21:18.840
<v Speaker 3>When we got to court, all they had was his

0:21:19.119 --> 0:21:24.480
<v Speaker 3>statement to Sergeant Preston and three snitches, and I couldn't

0:21:24.480 --> 0:21:28.960
<v Speaker 3>believe that they would even want to proceed with this evidence.

0:21:29.560 --> 0:21:33.639
<v Speaker 3>But they did, and just before the verdict was issued,

0:21:33.680 --> 0:21:35.800
<v Speaker 3>I told Kevin, I said, now, Kevin, when you get

0:21:35.840 --> 0:21:38.359
<v Speaker 3>out of here, you've got to change your ways, be

0:21:38.440 --> 0:21:41.879
<v Speaker 3>a law abiding citizen and then used to society and

0:21:41.960 --> 0:21:44.240
<v Speaker 3>he said, yeah, came mister Houser, I'm going to do that,

0:21:45.080 --> 0:21:49.840
<v Speaker 3>came back guilty. We were both floored.

0:21:50.720 --> 0:21:53.000
<v Speaker 1>You were sentenced to twenty four years to life. Here

0:21:53.040 --> 0:21:56.240
<v Speaker 1>it is now twenty twenty. You're still in Could you

0:21:56.359 --> 0:21:59.360
<v Speaker 1>just take us back there, put us in that courtroom

0:21:59.400 --> 0:22:00.000
<v Speaker 1>with you if you can't.

0:22:01.240 --> 0:22:05.760
<v Speaker 4>I actually could not believe the verdant. You know, I

0:22:05.760 --> 0:22:10.600
<v Speaker 4>actually didn't a crime. I just see how it was possible. Yeah,

0:22:10.600 --> 0:22:14.880
<v Speaker 4>I was after eyewitness. I came for I gave him

0:22:14.920 --> 0:22:18.840
<v Speaker 4>everything they needed, all evidence to call, the weapons. The

0:22:18.920 --> 0:22:24.080
<v Speaker 4>people he from testify that I didn't attacking. He from

0:22:24.080 --> 0:22:27.440
<v Speaker 4>will stand like thirty three times and he's test fired

0:22:27.600 --> 0:22:31.200
<v Speaker 4>I didn't attack him, and it testified that I didn't

0:22:31.200 --> 0:22:35.000
<v Speaker 4>attack Ms. Browning. That was my friend mother. There was

0:22:35.080 --> 0:22:37.280
<v Speaker 4>nobody there that said I.

0:22:37.359 --> 0:22:41.720
<v Speaker 1>Can't anybody but this And this is something I really

0:22:41.760 --> 0:22:44.040
<v Speaker 1>need to highlight here, which is that if you go

0:22:44.600 --> 0:22:47.920
<v Speaker 1>in a jury box and you're presented with a case

0:22:47.920 --> 0:22:50.000
<v Speaker 1>where someone's life is hanging in the balance, just like

0:22:50.080 --> 0:22:54.199
<v Speaker 1>Kevin's was, and there's no evidence connecting that person's at

0:22:54.200 --> 0:22:58.240
<v Speaker 1>a crime except for the testimony of a snitch. You

0:22:58.440 --> 0:23:02.600
<v Speaker 1>cannot vote to con because it's crazy. I mean, these

0:23:02.600 --> 0:23:05.280
<v Speaker 1>are people who are clearly incentivized. They may not tell

0:23:05.320 --> 0:23:07.280
<v Speaker 1>you that at the time, but you have to understand

0:23:07.760 --> 0:23:09.879
<v Speaker 1>that the defense can never bribe a witness. That's it.

0:23:09.880 --> 0:23:12.439
<v Speaker 1>That's a crime punishable by long time in jail. But

0:23:12.600 --> 0:23:16.119
<v Speaker 1>the government can make a deal with a snitch to

0:23:16.160 --> 0:23:20.240
<v Speaker 1>reduce their charges or drop their charges in exchange for testimony.

0:23:20.400 --> 0:23:24.000
<v Speaker 1>And that is the best bribe of all. So it's

0:23:24.040 --> 0:23:27.800
<v Speaker 1>the most unreliable testimony imaginable. And here you have a

0:23:27.840 --> 0:23:32.800
<v Speaker 1>case where the direct evidence contradicts what the snitches were saying.

0:23:32.920 --> 0:23:37.359
<v Speaker 1>The evidence showed that Kevin could not have committed this crime,

0:23:38.160 --> 0:23:42.000
<v Speaker 1>and yet he ends up getting convicted on the testimony

0:23:42.040 --> 0:23:46.640
<v Speaker 1>of people who were notoriously untrustworthy and were incentivized to lie.

0:23:46.520 --> 0:23:50.520
<v Speaker 4>With the evidence. Where they get apartments, they say, oh,

0:23:50.560 --> 0:23:53.560
<v Speaker 4>he's grit in my family, So the government gives them

0:23:54.240 --> 0:23:58.479
<v Speaker 4>money to relocate them movement apartments. All of them end

0:23:58.560 --> 0:24:02.120
<v Speaker 4>up getting reduced to left white, ended up getting out

0:24:02.640 --> 0:24:08.800
<v Speaker 4>at such five member. He came right back any threatened

0:24:08.920 --> 0:24:12.640
<v Speaker 4>physician attorney. If you don't bake me back out, I'm

0:24:12.640 --> 0:24:13.840
<v Speaker 4>gonna blow his whole case.

0:24:15.680 --> 0:24:19.480
<v Speaker 3>What happened was Leslie White then went on sixty minutes

0:24:19.600 --> 0:24:22.560
<v Speaker 3>when he was back in again in the jail, and

0:24:23.000 --> 0:24:27.320
<v Speaker 3>he showed on camera how he could work his magic

0:24:27.400 --> 0:24:32.080
<v Speaker 3>and get favors from the DA. And then when I

0:24:32.119 --> 0:24:34.880
<v Speaker 3>saw that, I went down and talked to Leslie White.

0:24:35.400 --> 0:24:37.840
<v Speaker 3>I said, well, now I know for sure you lied

0:24:37.880 --> 0:24:40.520
<v Speaker 3>in Kevin's case, and he says, yeah, I did. And

0:24:40.560 --> 0:24:43.000
<v Speaker 3>I said, well, I want you to sign an affidavit

0:24:43.840 --> 0:24:46.359
<v Speaker 3>that you lied in Kevin's case because Kevin deserves a

0:24:46.400 --> 0:24:51.960
<v Speaker 3>new trial. And so sure enough he signed it. But

0:24:52.160 --> 0:24:55.880
<v Speaker 3>instead of giving Kevin a new trial, the DA indicted

0:24:55.960 --> 0:24:59.520
<v Speaker 3>him Leslie White with a grand jury, had me come

0:24:59.560 --> 0:25:02.760
<v Speaker 3>in and test, and they gave Leslie White four years

0:25:02.960 --> 0:25:08.720
<v Speaker 3>for perjury. They gave Kevin Dykes nothing. And that's where

0:25:08.720 --> 0:25:09.280
<v Speaker 3>it sat.

0:25:09.560 --> 0:25:12.560
<v Speaker 1>It's all so backwards and upside down. And of course,

0:25:13.040 --> 0:25:15.280
<v Speaker 1>you know we have two more characters that are coming up.

0:25:15.400 --> 0:25:18.280
<v Speaker 1>GG Gordon, who's on the right side of this story,

0:25:18.520 --> 0:25:20.520
<v Speaker 1>and Willie Battles. We can't leave him out.

0:25:20.640 --> 0:25:25.879
<v Speaker 3>Yeah, when this snitch system came out thanks to Leslie White,

0:25:25.880 --> 0:25:28.720
<v Speaker 3>believe it or not, Gigi Gordon was appointed. She's a

0:25:28.760 --> 0:25:32.439
<v Speaker 3>defense lawyer. She's deceased now, but she was a criminal

0:25:32.480 --> 0:25:36.600
<v Speaker 3>defense lawyer friend of mine, and Gigi Gordon was appointed

0:25:36.680 --> 0:25:40.800
<v Speaker 3>by i think the Supreme Court to do an independent

0:25:40.960 --> 0:25:45.240
<v Speaker 3>investigation on all of the snitch cases to see if

0:25:45.440 --> 0:25:49.480
<v Speaker 3>justice was done. And she spent over a year on

0:25:49.520 --> 0:25:53.600
<v Speaker 3>this project, being paid by the state of California. And

0:25:53.800 --> 0:25:58.280
<v Speaker 3>as a result of Gigi Gordon's research and investigation, a

0:25:58.520 --> 0:26:04.480
<v Speaker 3>law was introduced in the legis to require corroboration if

0:26:04.520 --> 0:26:06.840
<v Speaker 3>snitch's testimony is going to be used in a case.

0:26:07.280 --> 0:26:09.160
<v Speaker 3>And that happened, but.

0:26:09.119 --> 0:26:11.360
<v Speaker 1>They didn't do it retroactively. Am I getting that right?

0:26:11.359 --> 0:26:14.600
<v Speaker 1>Because it always drives me nuts when we change a

0:26:14.680 --> 0:26:16.960
<v Speaker 1>law in this country and we don't do it retroactively.

0:26:17.040 --> 0:26:19.480
<v Speaker 3>How could it be different now than it was before.

0:26:20.000 --> 0:26:22.600
<v Speaker 3>It doesn't make sense. Didn't make any sense to me,

0:26:22.800 --> 0:26:25.440
<v Speaker 3>and that's why I appealed it. We went to the

0:26:25.560 --> 0:26:30.800
<v Speaker 3>Pellate Court in California, then the Supreme Court, and actually

0:26:31.040 --> 0:26:33.200
<v Speaker 3>when we went to the Supreme Court the first time,

0:26:33.240 --> 0:26:34.520
<v Speaker 3>the law had not been changed.

0:26:34.560 --> 0:26:34.879
<v Speaker 1>Yet.

0:26:34.920 --> 0:26:37.240
<v Speaker 3>But then we went back to the Supreme Court on

0:26:37.280 --> 0:26:41.520
<v Speaker 3>another issue and the law had been changed, and in

0:26:41.600 --> 0:26:46.880
<v Speaker 3>federal court, the judge actually said that Kevin might be innocent,

0:26:47.000 --> 0:26:49.679
<v Speaker 3>but there's nothing I can do because this law is

0:26:49.720 --> 0:26:54.359
<v Speaker 3>not retroactive or something to that effect. And I just

0:26:54.640 --> 0:26:58.320
<v Speaker 3>thought that that was the most unjust result I've ever

0:26:58.400 --> 0:27:04.440
<v Speaker 3>had in my whole career. Still is wow. And so

0:27:04.560 --> 0:27:08.440
<v Speaker 3>if Kevin's case were tried now, they wouldn't have any

0:27:08.960 --> 0:27:13.400
<v Speaker 3>evidence against him because the only incriminating evidence was from

0:27:13.480 --> 0:27:14.520
<v Speaker 3>the snitch testimony.

0:27:14.800 --> 0:27:18.400
<v Speaker 1>If Kevin's case were to be tried now, they would

0:27:18.480 --> 0:27:23.959
<v Speaker 1>have no evidence against him. And yet it's thirty four

0:27:24.160 --> 0:27:28.320
<v Speaker 1>years later and he's I can't this is nuts.

0:27:29.320 --> 0:27:32.280
<v Speaker 3>I went to the district attorney with that very argument.

0:27:32.960 --> 0:27:35.600
<v Speaker 3>With each new district attorney that came in, I would

0:27:35.640 --> 0:27:39.360
<v Speaker 3>go talk to him and they told me that because

0:27:39.359 --> 0:27:43.560
<v Speaker 3>of his statement admitting what he did pretending to go

0:27:43.600 --> 0:27:47.639
<v Speaker 3>along with what is Slim and Honda were doing, because

0:27:47.680 --> 0:27:51.479
<v Speaker 3>of that statement, that made him guilty. And they said, sorry,

0:27:52.440 --> 0:27:55.720
<v Speaker 3>you have to present new evidence to us before we're

0:27:55.760 --> 0:27:59.680
<v Speaker 3>going to recommend anything for Kevin. And I said, what's

0:27:59.680 --> 0:28:03.560
<v Speaker 3>amount with these confessions by these snitches, that's new evidence

0:28:03.920 --> 0:28:07.400
<v Speaker 3>at least since the trial. Two out of three Leslie

0:28:07.440 --> 0:28:11.560
<v Speaker 3>White signed an affidavit that sent him put himself in prison,

0:28:12.200 --> 0:28:16.840
<v Speaker 3>and Jesse Williams signed a letter saying that he lied

0:28:16.920 --> 0:28:20.120
<v Speaker 3>in Kevin's case. He said, no, we want some more

0:28:20.160 --> 0:28:23.920
<v Speaker 3>than that. Plus you've got one snitch that you don't have,

0:28:24.040 --> 0:28:27.000
<v Speaker 3>you know, retraction from Willi Battle. We never had a

0:28:27.040 --> 0:28:30.160
<v Speaker 3>retraction from him. And Willie Battle I tried to find

0:28:30.200 --> 0:28:35.280
<v Speaker 3>but he's probably dead. So that's where we sit.

0:28:36.560 --> 0:28:40.600
<v Speaker 1>And what is the outlook now? I mean, is there hope?

0:28:40.760 --> 0:28:44.560
<v Speaker 3>I think Kevin has two hopes parole and with a

0:28:44.600 --> 0:28:48.320
<v Speaker 3>new DA. I thought Jackie Lacey was very progressive and

0:28:48.400 --> 0:28:51.280
<v Speaker 3>I had high hopes for Kevin when she put together

0:28:52.160 --> 0:28:58.160
<v Speaker 3>her Internal Innocent project and I met with what I

0:28:58.240 --> 0:29:02.560
<v Speaker 3>thought was a very ethical, fine lawyer, and I got

0:29:02.600 --> 0:29:07.480
<v Speaker 3>a very unfavorable result. And I asked him during that hearing,

0:29:07.560 --> 0:29:09.959
<v Speaker 3>I said, you know, as a human being, you know,

0:29:10.640 --> 0:29:17.080
<v Speaker 3>do you really think that Kevin Dykes was convicted properly fairly?

0:29:17.720 --> 0:29:21.080
<v Speaker 3>He wouldn't answer. He wouldn't give me an answer.

0:29:35.520 --> 0:29:37.960
<v Speaker 1>Nearly a year has gone by since we originally released

0:29:38.000 --> 0:29:41.880
<v Speaker 1>this episode in September twenty twenty and shortly thereafter in

0:29:42.120 --> 0:29:46.240
<v Speaker 1>La County, George Gascon was elected DA, and Steve, last

0:29:46.360 --> 0:29:48.320
<v Speaker 1>time we spoke, you said that one of the only

0:29:48.440 --> 0:29:51.800
<v Speaker 1>avenues left for a leaf for Kevin was that very

0:29:51.880 --> 0:29:56.320
<v Speaker 1>election victory. So you must have been really excited when

0:29:56.320 --> 0:29:59.560
<v Speaker 1>it became clear that Jackie Lacy was on her way

0:29:59.560 --> 0:30:02.320
<v Speaker 1>out and George Gascon was on his way in. I'm

0:30:02.360 --> 0:30:06.200
<v Speaker 1>imagining you must have jumped right into action on the

0:30:06.280 --> 0:30:08.560
<v Speaker 1>first business day of twenty twenty one.

0:30:08.800 --> 0:30:12.240
<v Speaker 3>That is correct, on January fourth, twenty twenty one, I

0:30:12.320 --> 0:30:16.600
<v Speaker 3>sent a letter to George Gascon, the new DA, alerting

0:30:16.680 --> 0:30:21.640
<v Speaker 3>him to Kevin's situation, and I was contacted shortly thereafter

0:30:22.320 --> 0:30:26.560
<v Speaker 3>by a deputy in his conviction integrity unit. She said

0:30:26.640 --> 0:30:30.360
<v Speaker 3>that she had reviewed the case and she agreed with

0:30:30.920 --> 0:30:35.520
<v Speaker 3>the former head of their integrity unit under Jackie Lacy

0:30:35.880 --> 0:30:39.800
<v Speaker 3>that taking out all of the snitch testimony and just

0:30:39.880 --> 0:30:44.600
<v Speaker 3>focusing in on Kevin's statement both to the police and

0:30:44.680 --> 0:30:47.760
<v Speaker 3>what he testified to a trial, which were both consistent,

0:30:48.000 --> 0:30:51.080
<v Speaker 3>that she felt that he was guilty because of what

0:30:51.200 --> 0:30:54.040
<v Speaker 3>he said he shared in the criminal intent to kill

0:30:54.080 --> 0:30:58.000
<v Speaker 3>his friend Otus, which I think was not reasonable. I

0:30:58.040 --> 0:31:02.480
<v Speaker 3>don't understand how a deputy district attorney can look at

0:31:02.480 --> 0:31:06.400
<v Speaker 3>the facts in this case, focusing on Kevin's own testimony

0:31:06.880 --> 0:31:10.960
<v Speaker 3>and come to the conclusion that he intended Otis's death,

0:31:11.600 --> 0:31:17.160
<v Speaker 3>that he wanted Otis to die, or that he wanted

0:31:17.640 --> 0:31:22.960
<v Speaker 3>his friend Ephraim to die or Missus Bradley to die. Now,

0:31:23.000 --> 0:31:27.360
<v Speaker 3>Ephram testified in court that Kevin was not a part

0:31:27.480 --> 0:31:31.560
<v Speaker 3>of the assault on his person or Missus Bradley. For

0:31:31.680 --> 0:31:37.520
<v Speaker 3>the district attorney to believe that Kevin convicted himself based

0:31:37.520 --> 0:31:41.440
<v Speaker 3>on his testimony of both the murder and the attempted

0:31:41.520 --> 0:31:46.120
<v Speaker 3>murders is beyond belief. For a second degree murder, there

0:31:46.160 --> 0:31:49.640
<v Speaker 3>has to be criminal intent. You have to share in

0:31:49.720 --> 0:31:53.200
<v Speaker 3>the intent of the stabbers in this case, Slim and

0:31:53.240 --> 0:31:57.880
<v Speaker 3>Hondo to kill Otis, and there's no proof of that

0:31:59.120 --> 0:32:03.920
<v Speaker 3>from Kevin's life. The only evidence of that is from

0:32:05.000 --> 0:32:10.360
<v Speaker 3>snitch testimony, which under today's law would be inadmissible.

0:32:10.680 --> 0:32:13.200
<v Speaker 1>Yeah, and with good reason. I mean, let's face it,

0:32:13.320 --> 0:32:17.920
<v Speaker 1>snitch testimony for the state is almost always incentivized by

0:32:18.200 --> 0:32:23.080
<v Speaker 1>leniency in the snitch's charges, making that testimony as unreliable

0:32:23.200 --> 0:32:27.520
<v Speaker 1>as it could be. So this deputy in Gascon's CiU

0:32:27.600 --> 0:32:31.200
<v Speaker 1>wants to preserve this conviction, saying that Kevin's testimony reaches

0:32:31.280 --> 0:32:35.080
<v Speaker 1>the burden of proof for criminal intent, when in reality,

0:32:35.520 --> 0:32:39.400
<v Speaker 1>Kevin was essentially a hostage of Slim and Hondo until

0:32:39.520 --> 0:32:42.160
<v Speaker 1>he could finally get away. I mean, had he not

0:32:42.280 --> 0:32:44.840
<v Speaker 1>gone along with everything that happened in the aftermath of

0:32:44.840 --> 0:32:48.240
<v Speaker 1>Otis's death, Slim and Hondo would have been dumping both

0:32:48.360 --> 0:32:51.480
<v Speaker 1>Kevin and Otis's bodies and we wouldn't even be having

0:32:51.520 --> 0:32:55.320
<v Speaker 1>this conversation or know what Slim and Hondo did. So

0:32:56.200 --> 0:32:59.600
<v Speaker 1>what was the end result of your discussion with Gascon's deputy.

0:32:59.600 --> 0:33:01.760
<v Speaker 1>Were you able to work anything out?

0:33:02.040 --> 0:33:06.120
<v Speaker 3>After several back and forth conversations, she was going to

0:33:06.160 --> 0:33:09.840
<v Speaker 3>bring a motion for resentencing. This was apparently a new

0:33:09.920 --> 0:33:12.160
<v Speaker 3>law where they could go back into the trial court

0:33:12.400 --> 0:33:16.480
<v Speaker 3>and petitioned for a change of sentence. She said that

0:33:16.560 --> 0:33:19.959
<v Speaker 3>if Kevin would agree to change his plea from murder

0:33:20.000 --> 0:33:23.080
<v Speaker 3>to manslaughter, that they would go along with it, and

0:33:23.200 --> 0:33:26.040
<v Speaker 3>that he could then be sentenced to whatever the maximum

0:33:26.040 --> 0:33:28.640
<v Speaker 3>on manslaughter was, which is a lot less than thirty

0:33:28.640 --> 0:33:31.440
<v Speaker 3>five years that he's been in. So we're still waiting

0:33:31.480 --> 0:33:36.160
<v Speaker 3>for that. I don't know what's happened. But the district

0:33:36.200 --> 0:33:39.640
<v Speaker 3>attorney that I was talking to called me and told

0:33:39.640 --> 0:33:44.200
<v Speaker 3>me that there was some problem with them making this

0:33:44.400 --> 0:33:48.320
<v Speaker 3>motion because some judge might deny it or she wasn't

0:33:48.360 --> 0:33:51.680
<v Speaker 3>real clear on that, but that she invited me to

0:33:51.760 --> 0:33:56.000
<v Speaker 3>think of a way to get around the judge having

0:33:56.040 --> 0:34:01.000
<v Speaker 3>to make a decision to get Kevin out. So I suggested, well,

0:34:01.040 --> 0:34:04.640
<v Speaker 3>how about if I file another rit of habeas corpus

0:34:04.720 --> 0:34:08.080
<v Speaker 3>and if the district attorney doesn't oppose it, then the

0:34:08.160 --> 0:34:11.120
<v Speaker 3>judge can grant him a new trial, and once he

0:34:11.160 --> 0:34:13.160
<v Speaker 3>gets a new trial, then they can dismiss the case

0:34:13.200 --> 0:34:15.680
<v Speaker 3>because they don't have any evidence. They don't have any

0:34:15.719 --> 0:34:17.960
<v Speaker 3>admissible evidence, right.

0:34:18.160 --> 0:34:22.239
<v Speaker 1>The only evidence they had back then was the snitch testimony,

0:34:22.280 --> 0:34:26.360
<v Speaker 1>which was totally uncorroborated and therefore now inadmissible under the

0:34:26.440 --> 0:34:30.160
<v Speaker 1>law that resulted from Leslie White sixty minutes and the

0:34:30.200 --> 0:34:35.400
<v Speaker 1>subsequent investigation. Not to mention that Jesse Williams recanted, Leslie

0:34:35.440 --> 0:34:38.799
<v Speaker 1>White took a perjury charge and four years to undo

0:34:38.960 --> 0:34:42.600
<v Speaker 1>his damage to Kevin, and Willie Battles is presumed dead

0:34:42.840 --> 0:34:46.319
<v Speaker 1>or he might have done the same. So are they

0:34:46.400 --> 0:34:49.560
<v Speaker 1>gonna move forward with your habeas idea or are they

0:34:49.600 --> 0:34:52.840
<v Speaker 1>looking for something better to hang their hat on, considering

0:34:52.880 --> 0:34:57.360
<v Speaker 1>that your idea would prove that this conviction has absolutely

0:34:57.440 --> 0:34:58.920
<v Speaker 1>no integrity.

0:34:59.200 --> 0:35:01.400
<v Speaker 3>I'm not sure what going to happen. It seems like

0:35:01.800 --> 0:35:05.200
<v Speaker 3>that they're just waiting for the parole hearing.

0:35:05.640 --> 0:35:07.560
<v Speaker 1>Right, Kevin is up for parole at the beginning of

0:35:07.600 --> 0:35:08.640
<v Speaker 1>twenty twenty two.

0:35:08.760 --> 0:35:13.080
<v Speaker 3>And if the DA's office does not oppose parole, he

0:35:13.120 --> 0:35:16.840
<v Speaker 3>will probably get released on parole. However, he will be

0:35:16.920 --> 0:35:18.880
<v Speaker 3>on parole for the rest of his life for a

0:35:18.920 --> 0:35:21.520
<v Speaker 3>crime that he did not commit, as well as having

0:35:21.600 --> 0:35:24.239
<v Speaker 3>served thirty five years for a crime that he did

0:35:24.239 --> 0:35:28.080
<v Speaker 3>not commit. I think that George Gascon himself has not

0:35:29.000 --> 0:35:33.600
<v Speaker 3>heard the evidence in this case. Once he realizes exactly

0:35:33.640 --> 0:35:35.799
<v Speaker 3>what went on in this case, I'm sure that he

0:35:35.840 --> 0:35:38.800
<v Speaker 3>will see that justice is done and Kevin will get released.

0:35:39.200 --> 0:35:42.240
<v Speaker 1>That's our hope as well, and anyone in our audience

0:35:42.280 --> 0:35:44.640
<v Speaker 1>who feels the same way, and I hope all of

0:35:44.680 --> 0:35:46.959
<v Speaker 1>you do, can scroll down to the link in the bio.

0:35:47.120 --> 0:35:50.839
<v Speaker 1>There's a petition to George Gascon to do just that.

0:35:51.400 --> 0:35:55.560
<v Speaker 1>He's a good man and he's a very reasonable person.

0:35:55.920 --> 0:35:58.879
<v Speaker 1>I mean, really, I honestly like to clone George. He's

0:35:58.880 --> 0:36:03.200
<v Speaker 1>that kind of guy. We hope that he and others

0:36:03.239 --> 0:36:06.200
<v Speaker 1>in his office could come around to our view. Kevin

0:36:06.239 --> 0:36:10.240
<v Speaker 1>would admit to anyone that he wasn't living with really

0:36:10.320 --> 0:36:14.520
<v Speaker 1>honorable life at that point. But in fact, ironically, it

0:36:14.560 --> 0:36:16.919
<v Speaker 1>was at this moment in his life that he did

0:36:17.120 --> 0:36:21.919
<v Speaker 1>something truly honorable. He went to Otis's mother and then

0:36:21.960 --> 0:36:25.120
<v Speaker 1>to the police to do the right thing. Does that

0:36:25.560 --> 0:36:29.400
<v Speaker 1>sound like the actions of someone possessing criminal intent.

0:36:30.160 --> 0:36:32.239
<v Speaker 4>Well, I know I need the ryting when I went

0:36:32.360 --> 0:36:36.320
<v Speaker 4>to the police ten and high total food, a total

0:36:36.360 --> 0:36:41.120
<v Speaker 4>food firm, and jury. Even now, I don't regret doing

0:36:41.120 --> 0:36:45.000
<v Speaker 4>the riating because he was love for his life and

0:36:45.680 --> 0:36:48.280
<v Speaker 4>it was important for his mother to know the food

0:36:48.719 --> 0:36:51.520
<v Speaker 4>what happen to her son. Maybe I wouldn't say that

0:36:51.600 --> 0:36:55.759
<v Speaker 4>while I'm in jail. He cast me a lot. I've

0:36:55.800 --> 0:36:59.840
<v Speaker 4>lost like seventeen family members. My mom's hands spoken to

0:36:59.920 --> 0:37:03.160
<v Speaker 4>you years ago. Now it talks me a lot. But

0:37:03.239 --> 0:37:06.000
<v Speaker 4>I was should do it even all this time. I

0:37:06.120 --> 0:37:09.040
<v Speaker 4>found ruin the last five years, so I'm at finding

0:37:09.080 --> 0:37:12.080
<v Speaker 4>with God in myself. So now it's like, you know what,

0:37:12.920 --> 0:37:16.200
<v Speaker 4>There's nothing I can do about what they've done. I'm

0:37:16.239 --> 0:37:18.280
<v Speaker 4>not gonna let them take what's rest that I got

0:37:18.480 --> 0:37:22.440
<v Speaker 4>in my speed and now my family is proud of me,

0:37:23.000 --> 0:37:26.360
<v Speaker 4>even though I've never done nothing, because I've changed my life.

0:37:26.800 --> 0:37:29.680
<v Speaker 4>So I'm gonna keep pushing. I'm gonna keep believing I

0:37:29.680 --> 0:37:30.600
<v Speaker 4>got to so.

0:37:30.760 --> 0:37:35.040
<v Speaker 1>I got And with that we will now go to

0:37:35.200 --> 0:37:39.720
<v Speaker 1>closing arguments as they still ring true today with justice

0:37:39.840 --> 0:37:43.640
<v Speaker 1>delayed in this case, I first of all, thank you both.

0:37:43.880 --> 0:37:47.600
<v Speaker 1>Turn my microphone off, leave my headphones on, close my eyes,

0:37:47.640 --> 0:37:50.680
<v Speaker 1>and let you both talk about whatever you want for

0:37:50.800 --> 0:37:53.560
<v Speaker 1>the last few minutes of the show. Kevin, we're gonna

0:37:53.560 --> 0:37:57.440
<v Speaker 1>save you for last if that's okay. And Stephen, please

0:37:57.560 --> 0:38:00.000
<v Speaker 1>just share whatever it is that's on your mind.

0:38:00.800 --> 0:38:06.400
<v Speaker 3>Uh well, Kevin, let's hope this is another step to

0:38:07.760 --> 0:38:12.600
<v Speaker 3>get you out of prison. It's been a long, long road,

0:38:12.680 --> 0:38:15.840
<v Speaker 3>but I won't give up ever.

0:38:17.280 --> 0:38:18.520
<v Speaker 1>And Kevin, over to you.

0:38:19.400 --> 0:38:22.760
<v Speaker 4>I'm thankful, you know. And it's taking me a long time,

0:38:23.360 --> 0:38:25.879
<v Speaker 4>but I'm at peace last year, like the last five

0:38:25.960 --> 0:38:29.759
<v Speaker 4>years now, and my life now still has purpose and

0:38:29.920 --> 0:38:34.520
<v Speaker 4>meaning despite what they've done. I owe no feel feelings,

0:38:34.600 --> 0:38:38.759
<v Speaker 4>force nobody. He is what he is, He is all

0:38:38.800 --> 0:38:41.680
<v Speaker 4>I've lost, all lost in my life. I was twenty

0:38:41.680 --> 0:38:44.399
<v Speaker 4>four years old. I'm fishing now. I've been seen over

0:38:44.480 --> 0:38:48.200
<v Speaker 4>five years. So it's like there's nothing enough that I

0:38:48.239 --> 0:38:51.560
<v Speaker 4>can't do that I don't consult it, but I won't

0:38:51.640 --> 0:38:54.600
<v Speaker 4>let what they've done to me back then is something

0:38:54.640 --> 0:38:58.560
<v Speaker 4>to me. Now I'm free, you know I am. I'm

0:38:58.600 --> 0:39:02.080
<v Speaker 4>at pe and and even if I die in here,

0:39:02.719 --> 0:39:05.200
<v Speaker 4>I'll be at peace knowing I stood for the swoop

0:39:05.280 --> 0:39:09.280
<v Speaker 4>into woman. I need the right thing as an adult,

0:39:10.040 --> 0:39:13.920
<v Speaker 4>so my parents were proud of. There's nothing I can

0:39:14.200 --> 0:39:18.400
<v Speaker 4>do but keep my mind focusing on what's possible, what

0:39:18.480 --> 0:39:20.560
<v Speaker 4>could be possible, and how to help us.

0:39:20.640 --> 0:39:23.520
<v Speaker 5>It is a human opportunity to this God family in

0:39:23.520 --> 0:39:26.879
<v Speaker 5>my community where I see them. You know, I won't

0:39:26.960 --> 0:39:28.080
<v Speaker 5>let nothing take that from me.

0:39:28.400 --> 0:39:31.960
<v Speaker 4>That's all I have. And I appreciate everything that you

0:39:32.040 --> 0:39:35.200
<v Speaker 4>guys are doing, and I appreciate what support from everybody,

0:39:35.400 --> 0:39:37.799
<v Speaker 4>whether it's for the governor whatever it can be done

0:39:38.640 --> 0:39:41.960
<v Speaker 4>to help me. This is just the truth, the absolute

0:39:42.440 --> 0:39:43.560
<v Speaker 4>in front of the people, and.

0:39:43.480 --> 0:39:45.960
<v Speaker 5>They let them decide again. But I said I need

0:39:45.960 --> 0:39:49.160
<v Speaker 5>to be punished for what I needed if they say so,

0:39:49.440 --> 0:39:52.000
<v Speaker 5>because I pretended. But I was worried for my life

0:39:52.080 --> 0:39:54.799
<v Speaker 5>star for my life at the time, but I did

0:39:54.920 --> 0:39:58.160
<v Speaker 5>what I believe being was the right thing and I

0:39:58.160 --> 0:39:59.160
<v Speaker 5>don't regret doing it.

0:40:07.560 --> 0:40:10.800
<v Speaker 1>Thank you for listening to Wrongful Conviction with Jason Flahm.

0:40:10.960 --> 0:40:13.920
<v Speaker 1>Please support your local innocence projects and go to the

0:40:14.000 --> 0:40:15.960
<v Speaker 1>link in our bio to see how you can help.

0:40:16.400 --> 0:40:19.480
<v Speaker 1>I'd like to thank our production team Connor Hall, Jeff

0:40:19.520 --> 0:40:23.320
<v Speaker 1>Cliburn and Kevin Warnis. The music on the show, as always,

0:40:23.400 --> 0:40:26.920
<v Speaker 1>is by three time OSCAR nominated composer Jay Ralph. Be

0:40:27.000 --> 0:40:30.239
<v Speaker 1>sure to follow us on Instagram at Wrongful Conviction and

0:40:30.320 --> 0:40:34.600
<v Speaker 1>on Facebook at Wrongful Conviction Podcast. Wrongful Conviction with Jason

0:40:34.640 --> 0:40:37.040
<v Speaker 1>Flahm is a production of Lava for Good Podcasts and

0:40:37.120 --> 0:40:44.480
<v Speaker 1>association with Signal Company Number one