WEBVTT - #417 Jason Flom with Larry Walker

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<v Speaker 1>On May second, nineteen eighty three, Clyde Coleman was fatally

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<v Speaker 1>shot at his home in southwest Philadelphia. Multiple eyewitnesses claimed

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<v Speaker 1>to have seen three black men fleeing the scene, the

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<v Speaker 1>back of one of their shirts covered in blood. While

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<v Speaker 1>one witness recognized the blood soak the sailor from a

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<v Speaker 1>local bar, another witness said that he looked like a

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<v Speaker 1>man who had visited with mister Coleman just two days prior. Eventually,

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<v Speaker 1>this witness identified one of the victim's friends, Mary Walker,

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<v Speaker 1>from a photograph. Even though the other witnesses were not

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<v Speaker 1>convinced that the police had the right man, the jury was.

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<v Speaker 1>But this is wrongful conviction. Welcome back to wrongful conviction.

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<v Speaker 1>I really hope you're in the mood to hear a

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<v Speaker 1>remarkable story about an amazing man. Well, we have two

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<v Speaker 1>amazing men on the show today. Actually, the person who

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<v Speaker 1>lived through a nightmare that spent almost four decades of

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<v Speaker 1>wrongful incarceration thirty eight years plus, Larry Walker, is here

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<v Speaker 1>with us. Larry, first of all, I'm sorry you're here

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<v Speaker 1>because of what you went through to get here, but

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<v Speaker 1>I'm very honored to have you on the show.

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<v Speaker 2>Thank you for just taking time out to interview.

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<v Speaker 1>Me and with him is a guy I can't believe

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<v Speaker 1>we haven't had on the show before, a luminary in

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<v Speaker 1>the world of righting wrongs in the criminal justice world.

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<v Speaker 1>Paul Castellerro, who is the legal director of Centurion Ministry,

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<v Speaker 1>is a name that I'm sure you're familiar with, the

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<v Speaker 1>very first innocence organization in the United States. Paul, I'm

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<v Speaker 1>really really honored to humble to have you here on

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<v Speaker 1>the show today.

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<v Speaker 3>Well, it's a great pleasure to be here.

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<v Speaker 1>And this incredible story was in what was certainly almost

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<v Speaker 1>the epicenter of wrongful convictions. And I'm talking about Philadelphia, Pennsylvania,

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<v Speaker 1>especially back in the eighties, but unfortunately not just in

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<v Speaker 1>the eighties. And this was a case that well, I'll

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<v Speaker 1>just say this, it was so bad that even the

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<v Speaker 1>trial DA said that it was the thinnest homicide case

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<v Speaker 1>he ever tried. That was a quote. So before we

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<v Speaker 1>get into all the details of the crime itself and

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<v Speaker 1>of course of the process that led to this horrendous injustice, Larry,

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<v Speaker 1>let's go back. What was your life like growing up?

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<v Speaker 1>Did you grow up in Philly?

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<v Speaker 2>Yes, I grew up in Southwest Philly. Ten siblings, five

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<v Speaker 2>brothers and five sisters. Close knit family. I was into sports,

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<v Speaker 2>go to church services, and active to my community. I

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<v Speaker 2>had my children in an early age, and I was

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<v Speaker 2>basically just trying to be a father to my children.

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<v Speaker 1>Twenty two years old when you went away. Your kids

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<v Speaker 1>were basically toddlers when you went to prison, right, I

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<v Speaker 1>mean three and five years old?

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<v Speaker 2>Yes? Correct? Yes, my daughter was three and my son

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<v Speaker 2>was five.

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<v Speaker 1>And how old were they when you came home?

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<v Speaker 2>My daughter was forty and my son was forty two.

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<v Speaker 1>That's just I mean, that really puts it in perspective.

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<v Speaker 2>The memories, the good times that I had when I

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<v Speaker 2>was home with my children before this happened is what

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<v Speaker 2>basically kept me a lot. It was times we went

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<v Speaker 2>to the zoo and a lot of birthdays I remember

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<v Speaker 2>with them. That kept me going through autumn thirty eight

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<v Speaker 2>years while I was incarcerated.

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<v Speaker 1>You know, I was hardened when I read that the

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<v Speaker 1>mother of your kids, they all stuck close to you

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<v Speaker 1>throughout this ordeal.

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<v Speaker 2>Right, yes, correct. Their mother was very supportive even to

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<v Speaker 2>this day. She was the one that when I wanted

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<v Speaker 2>to give up, she kept helping me to encourage me

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<v Speaker 2>to go on, you know, and she was the one

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<v Speaker 2>that was coming up in the mountains, you know, the

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<v Speaker 2>van services, getting the kids up early in the morning.

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<v Speaker 2>She put them through Catholic school, you know, she helped

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<v Speaker 2>them with, you know, the education that there are successful

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<v Speaker 2>adults today. She was the glue that kept us together.

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<v Speaker 1>Well, I'm happy you had her, even though I wish

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<v Speaker 1>she never would have had to show that kind of strength.

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<v Speaker 1>So I want to get to how you were taken

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<v Speaker 1>away from them, which started way back on May second,

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<v Speaker 1>nineteen eighty three, when a friend of yours named Clyde

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<v Speaker 1>Coleman was fatally shot. And let's turn to Paul for

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<v Speaker 1>the details of this crime for which all accounts always

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<v Speaker 1>pointed to three assailants, not.

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<v Speaker 3>One, and he obviously was not any of them. And

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<v Speaker 3>they had really very good evidence of who the perpetrator

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<v Speaker 3>was that they said was Larry in this incident. And

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<v Speaker 3>the case develops where fourteen or fifteen year old young

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<v Speaker 3>man is on his way home. He lived in an

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<v Speaker 3>attached house right next to where the victim lived. As

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<v Speaker 3>the young man had approached the house, he saw two

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<v Speaker 3>guys that were lingering in the area. The victim and

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<v Speaker 3>this young man, they have a joint walkway that they shared.

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<v Speaker 3>As he's walking up, the door opens to the victim's

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<v Speaker 3>house and there's an unknown guy standing in the doorway.

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<v Speaker 3>This young man he sees the victim was lying on

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<v Speaker 3>the floor, and the victim gets up from the floor

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<v Speaker 3>and he comes up behind the guy standing in the doorway,

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<v Speaker 3>which they say is Larry, and he attacks him, and

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<v Speaker 3>the victim yells to the young man to run, run, run,

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<v Speaker 3>And it turns out the victim has been shot and

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<v Speaker 3>is bleeding profusely, and when he grabs the perpetrator, who

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<v Speaker 3>they say was Larry, from behind, leaving massive amounts of

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<v Speaker 3>blood apparently on the guy's back shirt that eventually the

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<v Speaker 3>perpetrator is able to throw off the victim and he

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<v Speaker 3>takes off running. The young man said the guy he

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<v Speaker 3>saw in the doorway look like a guy he had

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<v Speaker 3>seen a couple of days earlier who was over the

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<v Speaker 3>house visiting with the victim.

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<v Speaker 1>And so the police had interviewed this young man, Victor Hopkins,

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<v Speaker 1>as well as his mother, Emma Ellis, who had also

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<v Speaker 1>seen the assailants, three black men who had just run off.

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<v Speaker 3>The cops, and they go around the neighborhood looking. A

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<v Speaker 3>young woman a couple of blocks away says she saw

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<v Speaker 3>three guys going down the street and one guy was

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<v Speaker 3>holding a gun and he had blood on the back

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<v Speaker 3>of his shirt. And I know that guy. He hangs

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<v Speaker 3>out in a bar where I've been. The police totally

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<v Speaker 3>and completely ignored it.

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<v Speaker 2>I also would like to add that one of the

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<v Speaker 2>three men that was fleeing from the scene of crime

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<v Speaker 2>had a cast on his hand. They should have went

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<v Speaker 2>to maybe the nearest hospital in the community.

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<v Speaker 1>But they never explored any of those other avenues.

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<v Speaker 3>They made no effort none whatsoever.

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<v Speaker 1>Instead, they focused solely on the description from the fifteen

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<v Speaker 1>year old kid, Victor Hopkins, that the purp looked like

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<v Speaker 1>someone who he had seen at mister Coleman's two days earlier.

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<v Speaker 3>And that person, it turns out, was Larry. Larry knew

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<v Speaker 3>the victim. They were friends, and Larry had been over

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<v Speaker 3>there visiting him on a Saturday afternoon. This happened on

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<v Speaker 3>a Monday, so he said it looked like him, and

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<v Speaker 3>so the police try to figure out who is the

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<v Speaker 3>person over there that Saturday that this young man says

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<v Speaker 3>he looked like, and they identified Larry's photo and boom.

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<v Speaker 3>Larry was in the case.

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<v Speaker 1>And our audience has heard many times we've talked about

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<v Speaker 1>the incredibly unreliable practice of identification procedures. So, Larry, how

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<v Speaker 1>did you first learn about this? This is a friend

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<v Speaker 1>of yours that got killed. So that's a terrible piece

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<v Speaker 1>of news to get and then to be wrongfully accused

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<v Speaker 1>and ultimately tried and convicted. How did you first find

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<v Speaker 1>out about this murder?

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<v Speaker 2>Jason? I basically found out through word on the street.

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<v Speaker 2>People was talking about it. I heard it from a friend.

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<v Speaker 1>When did the cops first come and talk to you

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<v Speaker 1>or did they arrest you?

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<v Speaker 2>The incident happened on the second, It was about two

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<v Speaker 2>weeks after that round at thirteenth. They came to my home.

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<v Speaker 1>Did they look for the bloody shirt? Did they look

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<v Speaker 1>for the gun?

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<v Speaker 2>Yes, they came with a warrant. They searched my home.

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<v Speaker 3>They found nothing, no evidence whatsoever they would indicate any

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<v Speaker 3>kind of connection to this crime or is there any

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<v Speaker 3>other crime?

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<v Speaker 1>So that didn't deter them at all. They went ahead

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<v Speaker 1>and took you downtown and they interrogated you. How long

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<v Speaker 1>did the interrogation last? Did you have an attorney?

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<v Speaker 2>Didn't have an attorney. I just knew that I was innocent.

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<v Speaker 2>I told him constantly over that I had nothing to

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<v Speaker 2>do with it.

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<v Speaker 3>He was fully cooperative with the police. He waived his

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<v Speaker 3>rights to, you know, not speak to them. And whether

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<v Speaker 3>they're doing this they know about this other person who's

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<v Speaker 3>identifying the guy that is in a bar that matches

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<v Speaker 3>the description to a t of the perpetrator. It is

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<v Speaker 3>just mind boggling that they could persist in going after

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<v Speaker 3>him or at the same time not investigate who this

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<v Speaker 3>woman says is the person.

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<v Speaker 2>I was taken to I think fifty fifth and pounds

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<v Speaker 2>and I was locked up. I never saw the streets ever.

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<v Speaker 1>Since nineteen eighty three to twenty and twenty one.

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<v Speaker 2>My family paid for a paid attorney for me, and

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<v Speaker 2>he didn't interview the witnesses. He didn't interview me before

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<v Speaker 2>I went to trial.

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<v Speaker 3>It's kind of frightening how you could represent somebody on

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<v Speaker 3>a murder trial and not interview the basic witnesses in

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<v Speaker 3>the case. He didn't interview the police officers, he didn't

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<v Speaker 3>interview the young man who was identifying Larry. He had

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<v Speaker 3>the report of the police officer interviewing this woman, and

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<v Speaker 3>what the woman said about seeing these guys running away

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<v Speaker 3>from the scene and never spoke to the woman. And

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<v Speaker 3>then once the trial begins, he tells the judge, well,

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<v Speaker 3>there's this witness, and we don't know where she is

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<v Speaker 3>or anything about her. He does get the judge involved,

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<v Speaker 3>and the judge says to the prosecutor, we'd better find

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<v Speaker 3>this witness. There's another witness, which was the young man's mother.

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<v Speaker 3>Initially she identifies Larry also, but when you get the

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<v Speaker 3>trial she says, no, I'm not sure that this is

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<v Speaker 3>the person, and so she takes away her identification. But

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<v Speaker 3>he didn't interview any of these people.

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<v Speaker 1>So going in to trial they had at least they

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<v Speaker 1>thought they had two white witnesses identifying Larry, Victor Hopkins

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<v Speaker 1>and his mom, Emma Ellis. But then on the first

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<v Speaker 1>day of trial, with the mom recanting, it goes down

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<v Speaker 1>to just one, the young teenage kid.

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<v Speaker 3>And incidentally, the young man when he testifies, when he

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<v Speaker 3>asks can you identify the person you saw at Larry's

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<v Speaker 3>sitting at the defense table, he basically says worth the

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<v Speaker 3>de fact, well do I have to be sure.

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<v Speaker 1>Jesus Christ, So even he was unsure, and then on

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<v Speaker 1>the second day of trial. The third witness, the woman

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<v Speaker 1>who had seen the three men fleeing the scene and

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<v Speaker 1>who knew one of them from a local bar. She

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<v Speaker 1>was subpoened and did come in to testify.

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<v Speaker 3>The night before the second day, the police go to

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<v Speaker 3>the hospital where this young woman was with her fiance

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<v Speaker 3>who had been shot and paralyzed from the waist down,

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<v Speaker 3>and they subpoena her and tell her she's got to

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<v Speaker 3>be in court. The next day.

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<v Speaker 2>She came and testifying and said that I wasn't one

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<v Speaker 2>of the men, so I was very hopeful that the

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<v Speaker 2>jewry took that into account.

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<v Speaker 3>By the defense counsel because he doesn't know the facts

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<v Speaker 3>of the case, where he hasn't even read the police report,

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<v Speaker 3>he doesn't elicits the fact that the guy that saw

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<v Speaker 3>running had blood on the back of his shirt and

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<v Speaker 3>that I know him, which is kind of critical. I

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<v Speaker 3>know who he was from a bar. It never gets

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<v Speaker 3>elicited from her, and that's the testimony, And then the

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<v Speaker 3>prosecution doesn't ask her any questions and then brings on

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<v Speaker 3>one of the investigating cops to say, after he learned

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<v Speaker 3>about her existence, he tried to find her, but he

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<v Speaker 3>couldn't find her. According to this cop, there's no report

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<v Speaker 3>or anything of him ever doing anything to find her.

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<v Speaker 3>And then the cop says, when we went to the

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<v Speaker 3>hospital to subpoena her, she didnied who she was. She's unreliable,

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<v Speaker 3>you know, she can't be trusted, that kind of stuff.

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<v Speaker 3>And that's the evidence they present.

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<v Speaker 1>And you didn't know at the time that this investigator

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<v Speaker 1>hadn't tried to find her, and the jury had no

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<v Speaker 1>reason to doubt him. But something came out years later

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<v Speaker 1>about that testimony, which we're going to get to it

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<v Speaker 1>just a bit. But as far as his trial, the

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<v Speaker 1>jury was left with two witnesses casting doubt on Larry's guilt,

0:12:26.960 --> 0:12:30.560
<v Speaker 1>the investigator casting doubt on one of those witnesses, and

0:12:30.600 --> 0:12:34.040
<v Speaker 1>then ultimately the jury sided with the young man who

0:12:34.080 --> 0:12:36.840
<v Speaker 1>made a sort of a hesitant could we call it

0:12:37.040 --> 0:12:39.160
<v Speaker 1>in court identification of Larry.

0:12:40.080 --> 0:12:43.480
<v Speaker 2>I was really hoping that, you know, that it would

0:12:43.480 --> 0:12:46.240
<v Speaker 2>have been in my favor. I couldn't believe that they

0:12:46.280 --> 0:12:49.280
<v Speaker 2>came back with that verdict. I had a life sentence.

0:12:50.120 --> 0:12:52.000
<v Speaker 2>It was like a nightmare. It was like an out

0:12:52.000 --> 0:12:55.760
<v Speaker 2>of body experience. I was numbed, and it's just it

0:12:55.800 --> 0:13:11.720
<v Speaker 2>was unreal. When I first came into prison. I went

0:13:11.760 --> 0:13:14.320
<v Speaker 2>down to Greatest Ford. It was like a new world

0:13:14.360 --> 0:13:18.360
<v Speaker 2>to me. I had never been incarcerated before. I heard

0:13:18.440 --> 0:13:21.240
<v Speaker 2>rumors and stuff about prison. You go walk down the block,

0:13:21.280 --> 0:13:24.880
<v Speaker 2>they be yelling and so forth and all. Just knowing

0:13:24.960 --> 0:13:29.080
<v Speaker 2>that you're around actual murderers, I was very nervous and scared.

0:13:29.880 --> 0:13:31.920
<v Speaker 2>You know. A couple old heads told me, if you

0:13:32.000 --> 0:13:34.880
<v Speaker 2>stay in your lane and you just mind your business,

0:13:34.920 --> 0:13:37.240
<v Speaker 2>you'll be all right. And that's what I basically did

0:13:37.240 --> 0:13:39.080
<v Speaker 2>for them thirty eight years. You know, I try not

0:13:39.200 --> 0:13:44.120
<v Speaker 2>to get involved in certain things that I seen. I

0:13:44.240 --> 0:13:47.360
<v Speaker 2>witness some murders one time with a guy with a shank,

0:13:47.880 --> 0:13:50.920
<v Speaker 2>and you know, just human nature. You want to help someone,

0:13:51.000 --> 0:13:53.360
<v Speaker 2>you know, you want to let them come in your cell.

0:13:53.480 --> 0:13:56.120
<v Speaker 2>But you know, people tell you that you can't get

0:13:56.160 --> 0:13:58.560
<v Speaker 2>involved in them type of things because the people that

0:13:58.640 --> 0:14:01.360
<v Speaker 2>are looking for that person, they would come after you.

0:14:01.679 --> 0:14:05.800
<v Speaker 2>That sympathy that I have for people, you can't show

0:14:05.840 --> 0:14:08.800
<v Speaker 2>them type of emotions when you're in prison you ask

0:14:08.880 --> 0:14:12.400
<v Speaker 2>them for trouble. It's completely opposite to that human nature

0:14:13.480 --> 0:14:16.600
<v Speaker 2>and you just basically have to try to hold on

0:14:16.840 --> 0:14:20.040
<v Speaker 2>to just a little bit of it to keep you

0:14:20.080 --> 0:14:23.920
<v Speaker 2>from going insane. I lost both of my parents. While

0:14:23.960 --> 0:14:26.520
<v Speaker 2>since I've been down, my mother and my father always

0:14:26.600 --> 0:14:30.440
<v Speaker 2>believed in my innocent. My mother was coming up to

0:14:30.440 --> 0:14:33.160
<v Speaker 2>see me all the many years, and to her health

0:14:33.280 --> 0:14:36.720
<v Speaker 2>prevented her from coming. And even when her and my

0:14:36.840 --> 0:14:40.240
<v Speaker 2>father was called home, me being a lifer, I wasn't

0:14:40.280 --> 0:14:43.600
<v Speaker 2>allowed to go to the funeral. That was one of

0:14:43.640 --> 0:14:47.000
<v Speaker 2>my most darkest days. Not being there for them was

0:14:47.080 --> 0:14:50.840
<v Speaker 2>really some of my roughest days. By being incarcerated for

0:14:50.920 --> 0:14:51.800
<v Speaker 2>something I didn't do.

0:14:52.520 --> 0:14:55.360
<v Speaker 3>One of the things rationing about his survival for thirty

0:14:55.400 --> 0:14:58.040
<v Speaker 3>eight years is so much of it is I think

0:14:58.320 --> 0:15:01.720
<v Speaker 3>he had the benefit of fail He had this course,

0:15:02.400 --> 0:15:05.120
<v Speaker 3>this family of his, they never abandoned him. They knew

0:15:05.120 --> 0:15:08.840
<v Speaker 3>he was innocent. They stuck by him through everything thirty

0:15:08.840 --> 0:15:10.160
<v Speaker 3>eight years. When you think about.

0:15:09.920 --> 0:15:12.320
<v Speaker 2>It, that's what kept me going, Paul, my daughter and

0:15:12.360 --> 0:15:16.280
<v Speaker 2>my son. I had family. They supported me all them

0:15:16.320 --> 0:15:18.800
<v Speaker 2>thirty eight years, coming up in the mountains. That's what

0:15:19.040 --> 0:15:21.480
<v Speaker 2>kept me going. Besides my faith in Christ. You know

0:15:21.720 --> 0:15:24.720
<v Speaker 2>when I had bad days in prisons, that's what kept

0:15:24.760 --> 0:15:27.200
<v Speaker 2>me going and supported my family and my faith. Instead

0:15:27.240 --> 0:15:30.560
<v Speaker 2>of being pessimistic about life, I'm more optimistic. I had

0:15:30.600 --> 0:15:33.680
<v Speaker 2>faith that one of the courts would, you know, get

0:15:33.680 --> 0:15:35.880
<v Speaker 2>this right, that will correct the wrong that was done

0:15:35.960 --> 0:15:36.240
<v Speaker 2>to me.

0:15:36.640 --> 0:15:39.640
<v Speaker 1>And so your appeals raised a number of issues. Chief

0:15:39.880 --> 0:15:43.160
<v Speaker 1>among them, of course, was an effective assistance of counsel.

0:15:43.040 --> 0:15:45.800
<v Speaker 3>And Larry had read this lawyery, you know, or a

0:15:45.840 --> 0:15:49.360
<v Speaker 3>lawyer who did nothing but took the retainer and pocketed it.

0:15:49.440 --> 0:15:50.200
<v Speaker 3>And that was it.

0:15:50.480 --> 0:15:54.920
<v Speaker 1>And despite that, the appeals were repeatedly denied, and without

0:15:55.000 --> 0:15:57.640
<v Speaker 1>knowledge of what had been hidden by the state about

0:15:57.680 --> 0:16:00.600
<v Speaker 1>the third witness who was so badly the disparaged by

0:16:00.600 --> 0:16:05.320
<v Speaker 1>the investigator, trial is unreliable. The years just continued to

0:16:05.400 --> 0:16:06.880
<v Speaker 1>tick off and roll on by.

0:16:07.360 --> 0:16:10.760
<v Speaker 2>After over so many years and times going from one

0:16:10.840 --> 0:16:14.320
<v Speaker 2>court to another court, my faith started to you know, waiver.

0:16:14.600 --> 0:16:17.560
<v Speaker 2>But I really believed that the truth was going to

0:16:17.600 --> 0:16:20.560
<v Speaker 2>come out, that one of the courts would roll in

0:16:20.640 --> 0:16:23.280
<v Speaker 2>my favorite to overturn my life sentence.

0:16:23.520 --> 0:16:23.680
<v Speaker 3>You know.

0:16:23.760 --> 0:16:27.840
<v Speaker 2>I try to reach out to different state representatives. I

0:16:27.960 --> 0:16:32.000
<v Speaker 2>wrote Temple Innocent Project, I wrote Dressul Innocent Projects, but

0:16:32.280 --> 0:16:35.600
<v Speaker 2>no one basically really listened to my cry until I

0:16:35.640 --> 0:16:37.800
<v Speaker 2>wrote a Centurn Ministry.

0:16:37.600 --> 0:16:41.040
<v Speaker 1>And Centurion ministries took over around twenty fourteen or fifteen

0:16:41.120 --> 0:16:44.080
<v Speaker 1>before Paul came on as their legal director, and at

0:16:44.080 --> 0:16:47.960
<v Speaker 1>that time an investigator named Alan Maymon was hard at

0:16:48.000 --> 0:16:49.800
<v Speaker 1>work reinvestigating the case.

0:16:49.920 --> 0:16:52.400
<v Speaker 2>I like to speak a little bit about Alan and

0:16:52.440 --> 0:16:56.320
<v Speaker 2>how he tried to get my records. He went down

0:16:56.360 --> 0:16:59.320
<v Speaker 2>the city Hall with my daughter and my son trying

0:16:59.360 --> 0:17:01.960
<v Speaker 2>to get these records to the so forth. For many years.

0:17:02.000 --> 0:17:04.200
<v Speaker 2>It wasn't just you know, going down here one time.

0:17:04.560 --> 0:17:08.120
<v Speaker 1>So Alan Maymon and your family were just getting stonewalled

0:17:08.160 --> 0:17:14.879
<v Speaker 1>by the previous DA Seth Williams. That name man, That

0:17:15.000 --> 0:17:17.000
<v Speaker 1>was a dirty, dirty guy man. He ended up in

0:17:17.000 --> 0:17:21.080
<v Speaker 1>prison himself. Meanwhile, they were reinterviewing witnesses. One of them

0:17:21.160 --> 0:17:23.880
<v Speaker 1>gave them the name of a more likely alternative suspect

0:17:23.920 --> 0:17:26.199
<v Speaker 1>with a rap sheet a mile long, who had been

0:17:26.240 --> 0:17:30.240
<v Speaker 1>convicted of an eerily similar murder to mister Colvin's.

0:17:30.560 --> 0:17:33.720
<v Speaker 3>And this is before Larry Krashner became the district attorney.

0:17:33.840 --> 0:17:36.199
<v Speaker 3>They were kind of faking that they had a conviction

0:17:36.560 --> 0:17:41.000
<v Speaker 3>integrity unit in the Philadelphia DA's office. And when Centurion

0:17:41.240 --> 0:17:45.000
<v Speaker 3>had some evidence that some guy indicated he was involved

0:17:45.040 --> 0:17:48.320
<v Speaker 3>in the murder this woman had received a statement from him,

0:17:48.440 --> 0:17:50.560
<v Speaker 3>you know who, they sent out to interview the woman.

0:17:51.320 --> 0:17:54.680
<v Speaker 3>They sent out the son of the investigator in Larry's

0:17:54.720 --> 0:18:00.000
<v Speaker 3>case to investigate whether his father's investigation of the murder

0:18:00.200 --> 0:18:00.919
<v Speaker 3>was incompetent.

0:18:01.160 --> 0:18:03.639
<v Speaker 1>The sun I've heard everything. I've never heard that beare

0:18:03.680 --> 0:18:03.879
<v Speaker 1>ye know.

0:18:04.080 --> 0:18:06.000
<v Speaker 3>Yeah, it was just it's mind boggling when you look

0:18:06.040 --> 0:18:06.360
<v Speaker 3>at it.

0:18:06.400 --> 0:18:09.640
<v Speaker 1>But fortunately Larry Krasner was elected DA and your team

0:18:09.800 --> 0:18:13.360
<v Speaker 1>was finally given access to those police files in twenty nineteen.

0:18:13.560 --> 0:18:16.000
<v Speaker 2>I just want to say a little bit about Larry Krasner.

0:18:16.040 --> 0:18:18.399
<v Speaker 2>I just want to thank him for as creating the

0:18:18.400 --> 0:18:21.760
<v Speaker 2>integrity Unit and giving the information over to Sinturnity. That's

0:18:21.760 --> 0:18:24.360
<v Speaker 2>where I found out that the prosecutor, as far as

0:18:24.359 --> 0:18:26.520
<v Speaker 2>the letter that he had wrote on my behalf is

0:18:26.720 --> 0:18:29.119
<v Speaker 2>referring to that my case was the thinnest case that

0:18:29.200 --> 0:18:30.200
<v Speaker 2>he ever prosecuted.

0:18:30.520 --> 0:18:33.240
<v Speaker 1>Yeah, this was from a twenty twelve and a twenty

0:18:33.320 --> 0:18:36.760
<v Speaker 1>fifteen letter that your trial prosecutor, Richard P. Myers wrote

0:18:36.800 --> 0:18:40.439
<v Speaker 1>to then DA Seth Williams. He continued saying, quote, it

0:18:40.560 --> 0:18:43.040
<v Speaker 1>is the only homicide case that I tried in which

0:18:43.040 --> 0:18:45.280
<v Speaker 1>I had a doubt regarding the guilt of the accused

0:18:45.400 --> 0:18:49.040
<v Speaker 1>end quote. But this was just the beginning with Larry's files.

0:18:49.320 --> 0:18:51.720
<v Speaker 1>The witness who had seen the three men fleeing and

0:18:51.760 --> 0:18:54.280
<v Speaker 1>testified at trial that Larry was not one of the assailants,

0:18:54.560 --> 0:18:58.240
<v Speaker 1>if you remember. The lead detective god understand and said

0:18:58.280 --> 0:19:01.919
<v Speaker 1>that she was first that she was unfindable, and then

0:19:02.000 --> 0:19:05.160
<v Speaker 1>when they did find her, she was uncooperative and unreliable.

0:19:05.440 --> 0:19:09.520
<v Speaker 3>The prosecution didn't disclose the fact that this woman who

0:19:09.800 --> 0:19:12.720
<v Speaker 3>witnessed these three men running away from the scene was

0:19:12.760 --> 0:19:17.040
<v Speaker 3>a witness and was cooperating with the police in another

0:19:17.160 --> 0:19:21.320
<v Speaker 3>murder investigation involving her boyfriend who had been shot along

0:19:21.359 --> 0:19:24.280
<v Speaker 3>with another young man who had been killed, and her

0:19:24.320 --> 0:19:27.880
<v Speaker 3>boyfriend was in the hospital paralyzed from the waist down,

0:19:28.119 --> 0:19:31.120
<v Speaker 3>and she was cooperating with the police in that investigation,

0:19:31.640 --> 0:19:35.520
<v Speaker 3>and they present her as this unreliable person. You know.

0:19:35.600 --> 0:19:39.080
<v Speaker 3>The cop actually says he tried to find her. Meanwhile,

0:19:39.480 --> 0:19:42.960
<v Speaker 3>this woman's in the police station in the same homicide division,

0:19:43.119 --> 0:19:47.359
<v Speaker 3>given interviews to this officer's colleagues. Isn't this other murder case?

0:19:47.720 --> 0:19:50.520
<v Speaker 3>And he gets on the standing Larry's trial and says,

0:19:50.680 --> 0:19:54.160
<v Speaker 3>she was uncooperative. We couldn't find her, you know, she's unreliable.

0:19:54.800 --> 0:19:59.199
<v Speaker 1>Strangely enough, she seemed to have been easily locatable and

0:19:59.320 --> 0:20:01.920
<v Speaker 1>reliable when she was being helpful to the state, but

0:20:02.040 --> 0:20:05.240
<v Speaker 1>she quickly became a target for character smears and other

0:20:05.320 --> 0:20:09.040
<v Speaker 1>dirty tricks when she began to testify to actually clear

0:20:09.200 --> 0:20:10.400
<v Speaker 1>a man who was innocent.

0:20:10.680 --> 0:20:13.000
<v Speaker 3>And the tragic part of the whole case, on another

0:20:13.119 --> 0:20:17.280
<v Speaker 3>level of many tragic components to it, is this young woman,

0:20:17.440 --> 0:20:21.360
<v Speaker 3>based on her cooperation in that other case, got murdered

0:20:22.760 --> 0:20:26.399
<v Speaker 3>about three months after Larry's trial, so she was always

0:20:26.520 --> 0:20:31.879
<v Speaker 3>unavailable to us and to anybody trying to reinvestigate this

0:20:32.040 --> 0:20:50.000
<v Speaker 3>case because she had been killed previously. The Lord of

0:20:50.040 --> 0:20:53.480
<v Speaker 3>Pennsylvania was if anything appeared in a public record, you're

0:20:53.560 --> 0:20:56.639
<v Speaker 3>responsible for it. And so if it appeared in a

0:20:56.640 --> 0:20:59.880
<v Speaker 3>public record in nineteen ninety two, well that's when there's

0:21:00.080 --> 0:21:02.000
<v Speaker 3>that's where the limitations began to run.

0:21:02.640 --> 0:21:06.040
<v Speaker 1>This is an awful and an often ignored element a

0:21:06.080 --> 0:21:08.800
<v Speaker 1>post conviction for a lot of cases in Pennsylvania. If

0:21:08.840 --> 0:21:11.840
<v Speaker 1>something is a matter of public record and therefore findable,

0:21:12.560 --> 0:21:15.720
<v Speaker 1>the burden is and was on you and your attorney

0:21:15.760 --> 0:21:19.520
<v Speaker 1>to have found it before being procedurally barred from using it,

0:21:20.040 --> 0:21:23.240
<v Speaker 1>which means only six months from the date it was

0:21:23.359 --> 0:21:25.320
<v Speaker 1>entered into the public record. That's all you got.

0:21:25.720 --> 0:21:30.080
<v Speaker 3>The Conviction Integrity Unit. They felt that in Pennsylvania that

0:21:30.200 --> 0:21:32.320
<v Speaker 3>the course would say, you should have found the fact

0:21:32.359 --> 0:21:35.680
<v Speaker 3>that this woman who witnessed these three men running away

0:21:35.680 --> 0:21:39.159
<v Speaker 3>from the scene was cooperating with the police in another

0:21:39.280 --> 0:21:41.840
<v Speaker 3>murder investigation, that the course would say, you should have

0:21:42.040 --> 0:21:45.040
<v Speaker 3>found this evidence earlier. Meanwhile, there had been a number

0:21:45.040 --> 0:21:47.480
<v Speaker 3>of cases that come down from the United States Court

0:21:47.480 --> 0:21:50.040
<v Speaker 3>of Appeals for the Third Circuit that basically said, no,

0:21:50.320 --> 0:21:53.040
<v Speaker 3>you can't hold somebody accountable for something that's in the

0:21:53.040 --> 0:21:55.600
<v Speaker 3>public record that they have no ideas in the public record.

0:21:55.960 --> 0:21:58.720
<v Speaker 1>So where was it part of the public record? Where

0:21:58.720 --> 0:21:59.760
<v Speaker 1>were you expected to.

0:21:59.640 --> 0:22:03.640
<v Speaker 3>Affect There's a kernel in a case. It's a published

0:22:03.640 --> 0:22:07.240
<v Speaker 3>case and it refers to her and being killed. But

0:22:07.359 --> 0:22:10.040
<v Speaker 3>the case has no application to anything, you know, no

0:22:10.200 --> 0:22:14.119
<v Speaker 3>legal principle. It wasn't anything your cite for president for

0:22:14.160 --> 0:22:16.639
<v Speaker 3>any kind of legal issue. And they were saying, you

0:22:16.680 --> 0:22:20.600
<v Speaker 3>should have found this case has learned that you know

0:22:20.760 --> 0:22:23.600
<v Speaker 3>she was cooperating in this other case. You should have

0:22:23.640 --> 0:22:26.879
<v Speaker 3>found out earlier that we suppressed evidence. The fact that

0:22:26.920 --> 0:22:29.960
<v Speaker 3>you have some evidence now too bad. He stays in

0:22:30.000 --> 0:22:32.119
<v Speaker 3>jail because you could have found it earlier.

0:22:32.080 --> 0:22:34.959
<v Speaker 1>You'd think a conviction integrity and one of the reasons

0:22:34.960 --> 0:22:37.480
<v Speaker 1>they would be created would be the circumvent these type

0:22:37.520 --> 0:22:41.480
<v Speaker 1>of very stringent legal standards. So anyway, how was this

0:22:41.600 --> 0:22:43.000
<v Speaker 1>ultimately resolved.

0:22:43.359 --> 0:22:46.520
<v Speaker 3>They wouldn't vacate the conviction. The only way we were

0:22:46.520 --> 0:22:48.720
<v Speaker 3>getting Larry out was is if he took a plea

0:22:48.800 --> 0:22:52.520
<v Speaker 3>to a reduced charge. So that's what we did. We

0:22:52.560 --> 0:22:55.000
<v Speaker 3>had to take a plee to a reduced charge, and

0:22:55.040 --> 0:22:58.000
<v Speaker 3>he walked out based on under reduced charge. The idea

0:22:58.600 --> 0:23:01.000
<v Speaker 3>that we somehow should have been able to find this

0:23:01.119 --> 0:23:05.480
<v Speaker 3>evidence of their perjury at his trial, and because we

0:23:05.520 --> 0:23:08.680
<v Speaker 3>didn't find it out until when they gave us access

0:23:08.680 --> 0:23:11.840
<v Speaker 3>to the records, too bad. Take the plea, you can

0:23:11.920 --> 0:23:14.840
<v Speaker 3>walk out, or we can litigate the issue of whether

0:23:14.960 --> 0:23:17.720
<v Speaker 3>or not you should have found this earlier. And of

0:23:17.720 --> 0:23:20.760
<v Speaker 3>course if we litigate it, you know where Larry is prison, Well,

0:23:20.800 --> 0:23:23.119
<v Speaker 3>we litigate it. So Larry had his joy said, but

0:23:23.320 --> 0:23:26.880
<v Speaker 3>fifty eight to either come out to a family he's

0:23:26.960 --> 0:23:29.600
<v Speaker 3>been deprived of and a life he's been deprived of

0:23:29.680 --> 0:23:32.840
<v Speaker 3>for thirty eight years, or take a plea. I go

0:23:32.880 --> 0:23:34.879
<v Speaker 3>to Larry and I speak to Larry about this, and

0:23:35.320 --> 0:23:38.000
<v Speaker 3>Larry says to me, Paul, could you guarantee me I'll

0:23:38.040 --> 0:23:40.960
<v Speaker 3>be free in a year if we continue to fight

0:23:41.000 --> 0:23:44.479
<v Speaker 3>because I'm innocent? And I said, Larry, you know I

0:23:44.520 --> 0:23:47.360
<v Speaker 3>can't guarantee you what a court will do in a year.

0:23:47.440 --> 0:23:49.760
<v Speaker 3>I mean we might not even be, you know, heard

0:23:49.800 --> 0:23:50.359
<v Speaker 3>in the year.

0:23:50.720 --> 0:23:53.280
<v Speaker 1>Look, I'm a big fan of Larry Krasner. I'd like

0:23:53.320 --> 0:23:55.880
<v Speaker 1>to clone that guy and put him in offices all

0:23:55.920 --> 0:23:59.440
<v Speaker 1>over the country. Nobody's perfect, though, this outcome was far

0:23:59.480 --> 0:24:02.720
<v Speaker 1>from perfect. But nonetheless, Larry, I think you know, Look,

0:24:02.800 --> 0:24:05.600
<v Speaker 1>no one can follow you from making that decision. What

0:24:05.680 --> 0:24:08.960
<v Speaker 1>was it like to walk out into the air, into

0:24:09.000 --> 0:24:11.800
<v Speaker 1>the arms of your loved ones? What did you do first?

0:24:11.800 --> 0:24:14.000
<v Speaker 1>Did you go get something to eat? Did you hug

0:24:14.000 --> 0:24:14.760
<v Speaker 1>a tree? Like?

0:24:14.840 --> 0:24:18.280
<v Speaker 2>What did you do? Well? Jason? When I first heard that,

0:24:18.400 --> 0:24:20.320
<v Speaker 2>I was, you know, found out that I was truly

0:24:20.960 --> 0:24:23.639
<v Speaker 2>going home after thirty eight years or something I didn't

0:24:23.640 --> 0:24:25.760
<v Speaker 2>do in prison. You know, I was overwhelmed.

0:24:25.760 --> 0:24:29.520
<v Speaker 3>I was excited standing outside the prison waiting for him

0:24:29.520 --> 0:24:31.639
<v Speaker 3>to come out. There was must have been what Larry

0:24:31.840 --> 0:24:34.680
<v Speaker 3>fifty people and all of his family. It was just

0:24:34.720 --> 0:24:37.280
<v Speaker 3>the kind of you know, jump for joy. Moment dimnity

0:24:37.320 --> 0:24:39.480
<v Speaker 3>emerged from behind the doors.

0:24:39.880 --> 0:24:42.359
<v Speaker 2>My family had a gathering for me at a hall.

0:24:42.880 --> 0:24:45.600
<v Speaker 2>I went to go eat, and I had relatives, my

0:24:45.760 --> 0:24:49.600
<v Speaker 2>sisters and brothers and cousins and so forth, and all His.

0:24:49.720 --> 0:24:54.240
<v Speaker 3>Daughter Sharena arranged with the local community center to cater

0:24:54.520 --> 0:24:57.680
<v Speaker 3>a little celebration lunch. It was wonderful and I.

0:24:57.640 --> 0:25:00.280
<v Speaker 2>Went out to go eat with Paul and his white

0:25:00.320 --> 0:25:03.920
<v Speaker 2>was there. I had a big stake for my first mail.

0:25:04.080 --> 0:25:05.080
<v Speaker 3>It was really cool.

0:25:05.240 --> 0:25:09.040
<v Speaker 1>Larry. We're all thrilled that you're free, that you're home,

0:25:09.359 --> 0:25:12.000
<v Speaker 1>that you're here with us today. I know that there'll

0:25:12.080 --> 0:25:14.600
<v Speaker 1>be people that are listening that would like to support

0:25:14.680 --> 0:25:17.920
<v Speaker 1>you as well. You have a go fundme that people

0:25:18.000 --> 0:25:21.560
<v Speaker 1>might be able to help you because the state obviously

0:25:21.600 --> 0:25:24.320
<v Speaker 1>has never given you any compensation and they're not going to.

0:25:24.600 --> 0:25:26.800
<v Speaker 1>So this is the part of the show that I

0:25:26.880 --> 0:25:30.000
<v Speaker 1>always look forward to. It's called closing arguments, and it

0:25:30.040 --> 0:25:33.719
<v Speaker 1>works like this. I thank each of you again for

0:25:33.840 --> 0:25:35.760
<v Speaker 1>taking your time to be here today and share this

0:25:35.920 --> 0:25:40.360
<v Speaker 1>remarkable story. And then I'm going to turn my microphone off,

0:25:40.760 --> 0:25:42.920
<v Speaker 1>beat my headphones on, and kick back in my chair

0:25:43.080 --> 0:25:46.240
<v Speaker 1>and just listen to anything else that you guys want

0:25:46.280 --> 0:25:46.680
<v Speaker 1>to share.

0:25:47.080 --> 0:25:49.159
<v Speaker 3>I guess what I want to share is that, you know,

0:25:49.760 --> 0:25:53.200
<v Speaker 3>Larry is an extraordinary human being, and I think he's

0:25:53.240 --> 0:25:55.560
<v Speaker 3>blessed by the fact that he has a wonderful family.

0:25:55.880 --> 0:25:58.600
<v Speaker 3>I don't want to be negative, but these wrongful conviction

0:25:58.760 --> 0:26:01.879
<v Speaker 3>cases where people can out of jail after spending thirty

0:26:01.920 --> 0:26:05.399
<v Speaker 3>eight years or twenty four years or whatever period of

0:26:05.400 --> 0:26:08.920
<v Speaker 3>time thirty years, it's not a victory. It's a sad

0:26:09.080 --> 0:26:14.199
<v Speaker 3>comment on a system that consistently and persistently makes the

0:26:14.240 --> 0:26:19.840
<v Speaker 3>same mistakes over and over and over and really does

0:26:20.440 --> 0:26:23.439
<v Speaker 3>little to correct them. You know. Yet, we have a

0:26:23.440 --> 0:26:28.480
<v Speaker 3>federal system that is hostile to reviewing state courts convictions.

0:26:28.880 --> 0:26:31.960
<v Speaker 3>And that wasn't the case, you know, pre nineteen ninety

0:26:32.000 --> 0:26:34.920
<v Speaker 3>six and the passage of the Anti Terrorism Affected Death

0:26:34.920 --> 0:26:41.359
<v Speaker 3>Penalty Act, and state courts have created barriers to relitigating

0:26:41.480 --> 0:26:45.280
<v Speaker 3>cases and to bringing cases of innocence forward. People have

0:26:45.359 --> 0:26:48.760
<v Speaker 3>to understand that there are lots and lots of innocent

0:26:48.840 --> 0:26:53.800
<v Speaker 3>people behind bars that are prevented from bringing claims based

0:26:53.840 --> 0:26:58.399
<v Speaker 3>on time constraints and in access to evidence that they

0:26:58.440 --> 0:27:01.399
<v Speaker 3>should be able to access. But the courts say, no,

0:27:01.600 --> 0:27:04.040
<v Speaker 3>you don't have a right through it, and the problems

0:27:04.119 --> 0:27:07.600
<v Speaker 3>continue to this day, over and over, and Larry's case

0:27:07.680 --> 0:27:11.919
<v Speaker 3>is really illustrative of exactly that. And it's just a

0:27:11.960 --> 0:27:15.359
<v Speaker 3>frightening kind of system. And you have to understand the system.

0:27:15.359 --> 0:27:18.800
<v Speaker 3>It's dependent upon human beings, and human beings have to

0:27:18.840 --> 0:27:21.720
<v Speaker 3>act in a certain way in order for fairness to occur,

0:27:21.840 --> 0:27:24.639
<v Speaker 3>and when they don't do what they should do, you

0:27:24.720 --> 0:27:26.240
<v Speaker 3>wind up with wrongful conditions.

0:27:26.800 --> 0:27:29.720
<v Speaker 2>Jason, I just would like to encourage of the family

0:27:29.960 --> 0:27:32.480
<v Speaker 2>that may be going through something similar like my case,

0:27:32.760 --> 0:27:37.639
<v Speaker 2>that family support is very important for people that's incarcerated

0:27:37.680 --> 0:27:40.880
<v Speaker 2>for something they didn't do. I just like to encourage

0:27:41.080 --> 0:27:44.399
<v Speaker 2>other families to support they loved ones. And I also

0:27:44.560 --> 0:27:49.399
<v Speaker 2>like to encourage the listeners to write other organizations that

0:27:49.480 --> 0:27:52.760
<v Speaker 2>take cases on like minds. If it happened to me,

0:27:52.960 --> 0:27:55.480
<v Speaker 2>I believe that it can happen to other people. I

0:27:55.600 --> 0:27:58.880
<v Speaker 2>just like to thank some turn in ministry for believing

0:27:58.920 --> 0:28:02.520
<v Speaker 2>in me and fighting for me over these many years

0:28:03.119 --> 0:28:07.080
<v Speaker 2>and bringing me home to my family and my loved ones. Jason,

0:28:07.080 --> 0:28:09.359
<v Speaker 2>once again, not to repeat myself, to thank you for

0:28:09.480 --> 0:28:12.520
<v Speaker 2>taking his time out for you know, interviewing me and

0:28:12.600 --> 0:28:14.960
<v Speaker 2>getting my story out. It means a lot to me

0:28:15.280 --> 0:28:17.040
<v Speaker 2>and just want to say go equals.

0:28:23.600 --> 0:28:26.399
<v Speaker 1>Thank you for listening to Wrongful Conviction. You can listen

0:28:26.440 --> 0:28:28.760
<v Speaker 1>to this and all the Lava for Good podcasts one

0:28:28.800 --> 0:28:31.800
<v Speaker 1>week early by subscribing to Lava for Good Plus on

0:28:31.880 --> 0:28:35.320
<v Speaker 1>Apple Podcasts. I want to thank our production team Connor Hall,

0:28:35.520 --> 0:28:38.400
<v Speaker 1>Annie Chelsea, and Kathleen Fink, as well as my fellow

0:28:38.400 --> 0:28:42.200
<v Speaker 1>executive producers Jeff Kempler, Kevin Wartis, and Jeff Cleibern. The

0:28:42.280 --> 0:28:44.600
<v Speaker 1>music in this production was supplied by three time OSCAR

0:28:44.720 --> 0:28:48.000
<v Speaker 1>nominated composer Jay Ralph. Be sure to follow us across

0:28:48.040 --> 0:28:51.000
<v Speaker 1>all social media platforms at Lava for Good and at

0:28:51.040 --> 0:28:54.000
<v Speaker 1>Wrong for Conviction. You can also follow me on Instagram

0:28:54.000 --> 0:28:57.120
<v Speaker 1>at It's Jason Flamm. Wrongful Conviction is the production of

0:28:57.200 --> 0:29:00.600
<v Speaker 1>Lava for Good Podcasts and association with Signals Opening number

0:29:00.600 --> 0:29:04.959
<v Speaker 1>one