1 00:00:05,160 --> 00:00:09,719 Speaker 1: On November fourteenth, nineteen ninety five, Jose Ariola was dropping 2 00:00:09,760 --> 00:00:13,320 Speaker 1: his girlfriend, Ophelia and their baby off at their apartment 3 00:00:13,400 --> 00:00:17,080 Speaker 1: in Sunnyside, Washington. As she was getting out of the truck, 4 00:00:17,239 --> 00:00:21,600 Speaker 1: Ophelia saw two figures near the driver's side window. Two 5 00:00:21,760 --> 00:00:27,360 Speaker 1: gunshots rang out, and Jose was dead. Detectives interviewed neighbors 6 00:00:27,400 --> 00:00:30,880 Speaker 1: who had witnessed the shooting, but without any forensic evidence, 7 00:00:31,240 --> 00:00:35,800 Speaker 1: there was little progress made on the investigation. Then five 8 00:00:35,840 --> 00:00:40,440 Speaker 1: months later, a police informant came forward with a name, Everisto. 9 00:00:40,600 --> 00:00:44,160 Speaker 2: Solace knew nothing about the crime. Was nowhere near the area. 10 00:00:44,280 --> 00:00:46,520 Speaker 2: Did it literally just came out of nowhere. 11 00:00:47,800 --> 00:00:51,479 Speaker 1: Everisto was a local teenager who had gotten into trouble before. 12 00:00:52,000 --> 00:00:54,440 Speaker 1: He'd been on the cops radar since he was a kid. 13 00:00:55,360 --> 00:00:58,440 Speaker 1: After the police picked him up for questioning, fifteen year 14 00:00:58,440 --> 00:01:02,440 Speaker 1: old Everisto was grown into an adult jail. 15 00:01:02,840 --> 00:01:05,080 Speaker 2: I look like I'm twelve. I weigh about one hundred pounds, 16 00:01:05,160 --> 00:01:08,080 Speaker 2: I'm five foot and I'm just surrounded and I'm just 17 00:01:08,120 --> 00:01:10,520 Speaker 2: like I'm scared. Hell. It says hell, like you know, 18 00:01:10,560 --> 00:01:12,119 Speaker 2: I mean, I know what goes on in prison. I've 19 00:01:12,160 --> 00:01:13,559 Speaker 2: watched movies and all those kind of things. 20 00:01:14,440 --> 00:01:17,319 Speaker 1: Six months later, Everisto was on trial for murder. 21 00:01:18,400 --> 00:01:22,240 Speaker 2: My name is Evadristo Salas. I was incarcerated for twenty 22 00:01:22,240 --> 00:01:25,320 Speaker 2: seven years three months for murder and the commit. 23 00:01:26,760 --> 00:01:29,880 Speaker 1: From Lava for good. This is wrongful conviction with Maggie 24 00:01:29,920 --> 00:01:54,240 Speaker 1: Freeling today, Everisto Salas. Everisto Salas was born in nineteen 25 00:01:54,320 --> 00:01:56,200 Speaker 1: eighty in Sunnyside, Washington. 26 00:01:57,160 --> 00:02:00,680 Speaker 2: It's a small farming town of about ten Another time 27 00:02:00,760 --> 00:02:03,720 Speaker 2: sixteen thousand. Now it was a beautiful town. The people 28 00:02:03,760 --> 00:02:08,280 Speaker 2: were warm. My child was really rough. My mother was 29 00:02:08,320 --> 00:02:13,960 Speaker 2: an alcoholic and addicted your drugs and so so chaotic, 30 00:02:14,000 --> 00:02:17,640 Speaker 2: and her approach to life and so undisciplined and addicted 31 00:02:17,680 --> 00:02:20,760 Speaker 2: to every vice possible that our lives were just a 32 00:02:20,840 --> 00:02:24,160 Speaker 2: roller coaster every day. I didn't know my biological father. 33 00:02:24,720 --> 00:02:27,560 Speaker 2: I knew who he was, but he didn't raise me. 34 00:02:28,400 --> 00:02:32,000 Speaker 2: And so my stepfather is the one that raised me 35 00:02:32,120 --> 00:02:35,119 Speaker 2: and kind of taught me everything about life and took 36 00:02:35,160 --> 00:02:38,080 Speaker 2: me in and to me, he's always been my father 37 00:02:38,120 --> 00:02:40,840 Speaker 2: because I knew nothing else. I never called him my stepfather. 38 00:02:40,840 --> 00:02:43,200 Speaker 2: I only do that for clarity when I'm talking to 39 00:02:44,040 --> 00:02:47,120 Speaker 2: other people. But he's my father. And there's no answer 40 00:02:47,200 --> 00:02:47,679 Speaker 2: but to buy it. 41 00:02:48,919 --> 00:02:52,320 Speaker 3: We always thought he was our father until we got 42 00:02:52,400 --> 00:02:56,480 Speaker 3: a little bit older and our biological family started coming around. 43 00:02:56,600 --> 00:03:00,800 Speaker 3: But he never treated us any different. He always treat 44 00:03:00,880 --> 00:03:05,680 Speaker 3: us the same. My name is Debbie Salas, and I 45 00:03:05,720 --> 00:03:09,440 Speaker 3: am Avaris So Salis's older sister, and we call him Junior. 46 00:03:10,400 --> 00:03:13,480 Speaker 1: Debbie was two years older than Everistow and other than 47 00:03:13,480 --> 00:03:17,040 Speaker 1: his stepfather, she was the only source of stability in 48 00:03:17,080 --> 00:03:17,720 Speaker 1: his life. 49 00:03:18,200 --> 00:03:23,800 Speaker 3: Me and him share the same biological father and same mother, 50 00:03:24,280 --> 00:03:29,400 Speaker 3: so we always had this bond since we were really little. 51 00:03:29,760 --> 00:03:33,000 Speaker 3: It was like me him, me him. I was always 52 00:03:33,040 --> 00:03:36,760 Speaker 3: protecting him regardless. It was no matter where we were 53 00:03:36,800 --> 00:03:40,400 Speaker 3: at a very young age till right now. I still 54 00:03:40,440 --> 00:03:44,480 Speaker 3: protect him. 55 00:03:44,640 --> 00:03:47,600 Speaker 1: Debbie says times weren't all bad when they were very 56 00:03:47,680 --> 00:03:51,320 Speaker 1: very young. She has happy memories of family outings during 57 00:03:51,400 --> 00:03:51,880 Speaker 1: the summer. 58 00:03:52,840 --> 00:03:54,880 Speaker 3: So they wished to take us to that park. I 59 00:03:55,000 --> 00:03:57,200 Speaker 3: forgot the name of it, but would come for the 60 00:03:57,280 --> 00:04:01,880 Speaker 3: day and just spend it there all day, swimming and barbecue, camping, 61 00:04:01,920 --> 00:04:04,720 Speaker 3: swimming right in the same spot our whole family did. 62 00:04:04,760 --> 00:04:06,960 Speaker 3: Because we have a big old family, and we'd go 63 00:04:07,080 --> 00:04:09,240 Speaker 3: uncles and ants or whatever and we'd go, all the 64 00:04:09,360 --> 00:04:11,800 Speaker 3: kids would go swimming because my brother Junior was a 65 00:04:11,840 --> 00:04:15,720 Speaker 3: fish like that kid love water. This kid could be 66 00:04:15,720 --> 00:04:17,360 Speaker 3: in there for like hours. 67 00:04:17,880 --> 00:04:21,719 Speaker 1: As the oldest, Debbie felt responsible for her younger siblings. 68 00:04:22,240 --> 00:04:26,039 Speaker 3: My mom had a drinking and drug problem, and so 69 00:04:27,160 --> 00:04:30,120 Speaker 3: that's where I had to step in for my siblings 70 00:04:30,160 --> 00:04:34,719 Speaker 3: to raise help raise them all. It was hard, but 71 00:04:34,800 --> 00:04:36,760 Speaker 3: I did the best that I could, you know, for them, 72 00:04:37,360 --> 00:04:47,040 Speaker 3: And that kind of still bothers me sometimes because I 73 00:04:47,040 --> 00:04:50,480 Speaker 3: felt like if I would have took care of him 74 00:04:50,520 --> 00:04:54,240 Speaker 3: a little bit better and helped raised him a little 75 00:04:54,279 --> 00:04:58,039 Speaker 3: bit better, he would have never went to prison. But 76 00:04:59,560 --> 00:05:02,239 Speaker 3: he'd tell tell me all the time, like it wasn't 77 00:05:02,240 --> 00:05:04,560 Speaker 3: my fault and I have to forgive myself. 78 00:05:06,120 --> 00:05:11,000 Speaker 1: And then at sixteen, Debbie became a mother herself. 79 00:05:11,000 --> 00:05:14,320 Speaker 3: So it was even harder for me to focus on 80 00:05:14,400 --> 00:05:17,679 Speaker 3: my child and focus on him. And when I stopped 81 00:05:17,680 --> 00:05:21,080 Speaker 3: focusing on him and focus on my child is when 82 00:05:21,080 --> 00:05:27,440 Speaker 3: I started seeing him slip. And so that's when I 83 00:05:27,560 --> 00:05:32,440 Speaker 3: seen him start hanging around with my boyfriend at the time, 84 00:05:33,320 --> 00:05:37,880 Speaker 3: and that was all the gang stuff started coming around us. 85 00:05:39,600 --> 00:05:44,440 Speaker 2: The town's predominant Hispanic, it was more of a mix 86 00:05:44,480 --> 00:05:47,120 Speaker 2: when I was younger between Caucasian and Hispanic, but now 87 00:05:47,160 --> 00:05:51,159 Speaker 2: it's probably ninety six nine percent of Hispanic now. And 88 00:05:51,200 --> 00:05:54,280 Speaker 2: so the culture has always been it's always it's it's 89 00:05:54,320 --> 00:05:56,960 Speaker 2: a real warm place growing up, and it had always 90 00:05:57,000 --> 00:06:00,240 Speaker 2: been that way until about the late eighties when the 91 00:06:00,240 --> 00:06:02,359 Speaker 2: gangs kind of kind of started coming in California in 92 00:06:02,360 --> 00:06:05,080 Speaker 2: other areas and it kind of changed the dynamic. And 93 00:06:06,240 --> 00:06:09,440 Speaker 2: I remember going to school and we were all friends, 94 00:06:09,480 --> 00:06:11,280 Speaker 2: all of us that went to school, and once the 95 00:06:11,320 --> 00:06:14,880 Speaker 2: gangs kind of arrived, that changed really really rapidly and quickly, 96 00:06:15,640 --> 00:06:18,120 Speaker 2: and the neighborhood started kind of dividing, and the town 97 00:06:18,440 --> 00:06:21,920 Speaker 2: started dividing into little small sections of different gangs, and 98 00:06:22,000 --> 00:06:25,000 Speaker 2: it wasn't safe to walk around anymore. That warm feeling 99 00:06:25,080 --> 00:06:26,520 Speaker 2: that you had kind of went away and it was 100 00:06:26,560 --> 00:06:29,560 Speaker 2: replaced with fear, and it became almost a struggle each 101 00:06:29,600 --> 00:06:31,839 Speaker 2: and every day, even when you were really young, to 102 00:06:32,040 --> 00:06:34,279 Speaker 2: just fill that piece or to go anywhere without you know, 103 00:06:34,320 --> 00:06:37,080 Speaker 2: either getting jumped or chase or you know, attacked. 104 00:06:38,800 --> 00:06:41,559 Speaker 1: Debbie's boyfriend at the time was also in a gang, 105 00:06:41,960 --> 00:06:45,120 Speaker 1: and she says that before long he was recruiting her 106 00:06:45,160 --> 00:06:45,760 Speaker 1: little brother. 107 00:06:46,480 --> 00:06:49,159 Speaker 3: So at first, I didn't really say anything until I 108 00:06:49,240 --> 00:06:52,960 Speaker 3: found out that they actually courted him, and that's when they, 109 00:06:53,520 --> 00:06:56,040 Speaker 3: you know, get him into the gang. They beat him 110 00:06:56,120 --> 00:06:59,680 Speaker 3: up for fourteen seconds or whatever. And I was really 111 00:06:59,680 --> 00:07:02,320 Speaker 3: possy off and I was yelling at my boyfriend and 112 00:07:02,320 --> 00:07:03,919 Speaker 3: I was yelling at my brother, and I was like, 113 00:07:03,960 --> 00:07:04,640 Speaker 3: what are you doing? 114 00:07:04,760 --> 00:07:06,280 Speaker 2: What do you think? You know, what are you thinking? 115 00:07:07,320 --> 00:07:10,240 Speaker 3: And it was already too late, because he was already 116 00:07:10,280 --> 00:07:10,640 Speaker 3: in there. 117 00:07:11,240 --> 00:07:13,840 Speaker 1: Evaristo says that once he was in the gang, there 118 00:07:13,920 --> 00:07:17,560 Speaker 1: was no turning back. It was a matter of survival. 119 00:07:18,640 --> 00:07:20,920 Speaker 2: There was gang fights. I got shot at a few times, 120 00:07:20,920 --> 00:07:22,920 Speaker 2: that kind of stuff. There was five of those gangs 121 00:07:22,920 --> 00:07:25,240 Speaker 2: that dominated the Sunnayside and it was us and we 122 00:07:25,280 --> 00:07:28,320 Speaker 2: only numbered maybe about twenty at the most, and we 123 00:07:28,400 --> 00:07:31,400 Speaker 2: had maybe a street or two, and so literally every 124 00:07:31,480 --> 00:07:34,320 Speaker 2: direction we went, we were getting targeted by this gang or 125 00:07:34,320 --> 00:07:37,360 Speaker 2: this gang and that gang, and so it was it 126 00:07:37,400 --> 00:07:38,840 Speaker 2: was really hard on us. 127 00:07:39,440 --> 00:07:41,400 Speaker 1: Can you kind of explain that, you know, to some 128 00:07:41,440 --> 00:07:44,320 Speaker 1: people who would look at your situation and be like, 129 00:07:45,160 --> 00:07:47,640 Speaker 1: but why would you join a gang? They're dangerous, they're bad. 130 00:07:47,760 --> 00:07:49,960 Speaker 1: You knew better? Can you can you kind of explain 131 00:07:50,280 --> 00:07:50,920 Speaker 1: what happened? 132 00:07:51,160 --> 00:07:53,160 Speaker 2: Well, it's hard because I mean, when I look at 133 00:07:53,160 --> 00:07:55,040 Speaker 2: it right now, when I have the knowledge and experience 134 00:07:55,040 --> 00:07:58,680 Speaker 2: that I have at forty two years old or you know, 135 00:07:59,600 --> 00:08:02,280 Speaker 2: but at the age of eleven and twelve, you can't 136 00:08:02,400 --> 00:08:05,920 Speaker 2: understand the dynamics of the life you're choosing, or the 137 00:08:05,960 --> 00:08:08,400 Speaker 2: maturity to understand that this choice you're making right now 138 00:08:08,440 --> 00:08:10,760 Speaker 2: is going to change the entire trajectory of your life. 139 00:08:11,400 --> 00:08:13,800 Speaker 2: There was a void emotionally, there was something missing in 140 00:08:13,840 --> 00:08:17,560 Speaker 2: my life, and I looked for another places. It wasn't 141 00:08:17,600 --> 00:08:19,520 Speaker 2: that I just sat down one day and said I 142 00:08:19,600 --> 00:08:21,880 Speaker 2: want to be a part of that gang, right. It was, 143 00:08:22,040 --> 00:08:24,440 Speaker 2: like I said, it was a slow, gradual process of 144 00:08:25,560 --> 00:08:28,080 Speaker 2: you know, hanging around with this family that was close 145 00:08:28,120 --> 00:08:30,840 Speaker 2: to my family, and then being targeted because of that, 146 00:08:31,160 --> 00:08:33,559 Speaker 2: and then thinking, oh, well I need I need my safety. 147 00:08:33,600 --> 00:08:36,680 Speaker 2: These provide my safety. Second, these are my brothers, you know, 148 00:08:36,679 --> 00:08:38,079 Speaker 2: They're all I have. You know, I don't, you know, 149 00:08:38,160 --> 00:08:39,480 Speaker 2: I mean, there's nobody else. 150 00:08:41,720 --> 00:08:44,240 Speaker 1: Part of being in a gang meant getting into trouble, 151 00:08:44,600 --> 00:08:47,680 Speaker 1: and that made Everistow a target for the local police. 152 00:08:49,920 --> 00:08:51,840 Speaker 1: Can you talk about some of the things you did 153 00:08:51,840 --> 00:08:53,480 Speaker 1: have run ins with the law about. 154 00:08:53,480 --> 00:08:56,400 Speaker 2: I mean, I did a lot of stupid stuff, trashpassing 155 00:08:56,440 --> 00:08:59,280 Speaker 2: and tagging of delinquent stuff. I broke into cars and 156 00:08:59,440 --> 00:09:02,320 Speaker 2: I tagged up those kind of things, and the law enforcement, 157 00:09:02,559 --> 00:09:04,640 Speaker 2: you know, they would harass me a lot on those 158 00:09:04,720 --> 00:09:07,120 Speaker 2: kinds of things. They seen us as a problem for 159 00:09:08,080 --> 00:09:10,760 Speaker 2: and as a growing problem to the town. And when 160 00:09:10,760 --> 00:09:14,600 Speaker 2: they approached us in aegaway, we reciprocated that and we 161 00:09:14,720 --> 00:09:16,480 Speaker 2: disrespected them. I used to talk bad to them all 162 00:09:16,520 --> 00:09:19,600 Speaker 2: the time, you know, and you know, they would harass me. 163 00:09:19,600 --> 00:09:21,760 Speaker 2: They would the would handcuff me, they would rough house me, 164 00:09:22,200 --> 00:09:23,840 Speaker 2: call me names, that kind of things, and I would 165 00:09:23,840 --> 00:09:24,360 Speaker 2: return it. 166 00:09:25,760 --> 00:09:28,800 Speaker 1: From the age of eleven or twelve. Everisto says he 167 00:09:28,960 --> 00:09:32,040 Speaker 1: and his friends were targeted by the local cops, but 168 00:09:32,120 --> 00:09:35,760 Speaker 1: it wasn't just because they were troublemakers. Everisto believes there 169 00:09:35,800 --> 00:09:38,840 Speaker 1: was a racial element to their hostility as well. 170 00:09:39,559 --> 00:09:42,559 Speaker 2: I would say nine percent of the polician was a Caucasian. 171 00:09:42,559 --> 00:09:46,080 Speaker 2: Her wife. There's a part of me that feels that 172 00:09:46,160 --> 00:09:49,040 Speaker 2: there's a few people in that department not only had 173 00:09:49,080 --> 00:09:51,079 Speaker 2: it out to be, but had it out to for 174 00:09:51,160 --> 00:09:54,680 Speaker 2: every single youthful Hispanic in our neighborhood, whether it be 175 00:09:54,840 --> 00:09:56,880 Speaker 2: our gang or the other gang. There was a period 176 00:09:56,920 --> 00:09:59,560 Speaker 2: of probavate with four or five years of a constant harassment, 177 00:10:00,040 --> 00:10:02,080 Speaker 2: and it just got it got worse, worse, worse and worse. 178 00:10:02,920 --> 00:10:05,120 Speaker 2: If we're walking somewhere and they'd pull us over. If 179 00:10:05,200 --> 00:10:07,040 Speaker 2: I was walking somewhere by myself, they'd pull me over, 180 00:10:07,520 --> 00:10:10,160 Speaker 2: search me, pat me down, call me names, yell at me. 181 00:10:10,600 --> 00:10:12,000 Speaker 2: I'd have it back and forth. What are you doing? 182 00:10:12,240 --> 00:10:14,520 Speaker 2: You know, just question those kind of things, just constant harassment. 183 00:10:15,960 --> 00:10:18,360 Speaker 1: One of the officers that was involved in your case, 184 00:10:18,400 --> 00:10:20,360 Speaker 1: Officer Rivard. Had you had run ins with. 185 00:10:20,440 --> 00:10:23,760 Speaker 2: Him before Revard came. One time, I was walking back 186 00:10:23,760 --> 00:10:27,880 Speaker 2: from school and he just pulls over, passe, searches me, 187 00:10:28,040 --> 00:10:29,760 Speaker 2: tells me what I'm doing. And I come back from 188 00:10:29,760 --> 00:10:34,240 Speaker 2: school and it starts interrogating me about all these kind 189 00:10:34,280 --> 00:10:36,840 Speaker 2: of weird things and kind of yells at me, and 190 00:10:36,880 --> 00:10:38,520 Speaker 2: then just you know, handcustom and throws me in the 191 00:10:38,559 --> 00:10:40,920 Speaker 2: back of the cop carn and then he starts just 192 00:10:41,000 --> 00:10:45,679 Speaker 2: driving out to the country, and I'm thinking, what the 193 00:10:45,720 --> 00:10:47,400 Speaker 2: what is he doing? You know, where are we going? 194 00:10:47,960 --> 00:10:49,800 Speaker 2: You know, I mean we're going out, I mean we're going. 195 00:10:49,920 --> 00:10:52,439 Speaker 1: Yeah, what were you like? What did you think could 196 00:10:52,559 --> 00:10:53,520 Speaker 1: what could happen? 197 00:10:53,600 --> 00:10:54,720 Speaker 2: I thought, I thought he was gonna go out there 198 00:10:54,760 --> 00:10:55,840 Speaker 2: and beat the hell out of me or something, and 199 00:10:55,840 --> 00:10:57,080 Speaker 2: you throw me in one of the canals out there 200 00:10:57,080 --> 00:10:59,520 Speaker 2: because we're headed out way out in the country. And 201 00:10:59,559 --> 00:11:02,400 Speaker 2: he wouldn't say anything. And that even that, even I 202 00:11:02,440 --> 00:11:04,800 Speaker 2: was trying to get scared, you know, like, oh no, 203 00:11:04,840 --> 00:11:06,280 Speaker 2: this guy's what is he doing? You know? And then 204 00:11:06,320 --> 00:11:08,360 Speaker 2: he goes, Hey, where's your dad work at? And I 205 00:11:08,360 --> 00:11:09,800 Speaker 2: was like, Oh, he's gonna take me to my dad's. 206 00:11:10,440 --> 00:11:11,960 Speaker 2: I felt a little relief, but then I was like, 207 00:11:11,960 --> 00:11:13,840 Speaker 2: oh no, my dad's gonna be pissed off. You know, 208 00:11:13,880 --> 00:11:15,040 Speaker 2: he's gonna, you know, want the help. 209 00:11:15,720 --> 00:11:19,480 Speaker 1: Officer Jim Rivard drove Everisto straight to the dairy where 210 00:11:19,480 --> 00:11:20,480 Speaker 1: his dad was working. 211 00:11:21,240 --> 00:11:23,640 Speaker 2: And then he gets out and in front of my 212 00:11:23,720 --> 00:11:26,120 Speaker 2: dad's boss, he said, I found your son out there 213 00:11:26,200 --> 00:11:28,560 Speaker 2: doing all kinds of stuff. I literally was walking home 214 00:11:28,559 --> 00:11:32,920 Speaker 2: from school and I could see his boss looking and 215 00:11:33,000 --> 00:11:35,280 Speaker 2: I'm just like, and my dad gives me that look 216 00:11:35,360 --> 00:11:39,280 Speaker 2: like and I'm like, oh no, and I'm I'm in 217 00:11:39,360 --> 00:11:42,040 Speaker 2: tears already. Others, I mean, because I got the utmost 218 00:11:42,040 --> 00:11:45,120 Speaker 2: respect for my dad and knowing that his boss is 219 00:11:45,200 --> 00:11:46,679 Speaker 2: right there, that he works hard, and I'm just like, 220 00:11:46,720 --> 00:11:47,320 Speaker 2: oh no. 221 00:11:48,679 --> 00:11:53,280 Speaker 1: At first, everisto stepfather believed Rivard, but as the months 222 00:11:53,280 --> 00:11:56,600 Speaker 1: went by and the harassment continued, he realized that his 223 00:11:56,679 --> 00:11:57,920 Speaker 1: son was being targeted. 224 00:11:59,000 --> 00:12:01,840 Speaker 2: And my dad has this old, old, you know, Mexican 225 00:12:01,960 --> 00:12:05,920 Speaker 2: mindset where he they'll accept a lot and they'll accept 226 00:12:05,920 --> 00:12:09,320 Speaker 2: the treatment of injustice. And my dad said, oh, we 227 00:12:09,400 --> 00:12:10,719 Speaker 2: just got to push on, you know, we gotta do 228 00:12:10,760 --> 00:12:12,640 Speaker 2: what we gotta do. You know, we can't do nothing 229 00:12:12,640 --> 00:12:13,640 Speaker 2: about this. To keep pushing. 230 00:12:14,280 --> 00:12:17,880 Speaker 1: And then in November of nineteen ninety five, when Everisto 231 00:12:18,080 --> 00:12:22,160 Speaker 1: was fourteen years old, there was a fatal shooting in Sunnyside. 232 00:12:22,559 --> 00:12:28,800 Speaker 1: It happened about a mile from his house, and. 233 00:12:28,800 --> 00:12:31,679 Speaker 4: The person who was shot and killed. His name was 234 00:12:31,880 --> 00:12:32,959 Speaker 4: Jose Ariola. 235 00:12:33,960 --> 00:12:37,839 Speaker 1: This is Laura Shaver. She's Everisto's post conviction attorney. 236 00:12:38,679 --> 00:12:41,400 Speaker 4: He and his girlfriend had just gotten back from the 237 00:12:41,440 --> 00:12:45,160 Speaker 4: store and they parked in their apartment parking lot. She 238 00:12:45,320 --> 00:12:47,800 Speaker 4: got out with their baby kind of walking towards their 239 00:12:47,840 --> 00:12:51,880 Speaker 4: apartment and he stayed in the car. She saw two 240 00:12:51,960 --> 00:12:55,319 Speaker 4: boys kind of approaching the truck. She described them as 241 00:12:55,320 --> 00:12:57,199 Speaker 4: a fifteen year old and a seven or an eight 242 00:12:57,240 --> 00:13:00,880 Speaker 4: year old, and then she turned around and kept going 243 00:13:00,960 --> 00:13:03,400 Speaker 4: and next thing she heard was two gunshots. 244 00:13:04,160 --> 00:13:06,959 Speaker 1: Officer Rivard had been moved to the detective squad at 245 00:13:06,960 --> 00:13:09,800 Speaker 1: this point and he was put in charge of investigating 246 00:13:09,800 --> 00:13:13,480 Speaker 1: the shooting. This was his first homicide. 247 00:13:13,760 --> 00:13:17,440 Speaker 4: They impound the truck, They put like an evidence hold 248 00:13:17,480 --> 00:13:20,040 Speaker 4: on it, which is very normal, so that no one 249 00:13:20,080 --> 00:13:23,000 Speaker 4: can get it out, and they start, you know, following 250 00:13:23,040 --> 00:13:26,080 Speaker 4: as many leads as they can and interviewing witnesses. Probably 251 00:13:26,120 --> 00:13:30,800 Speaker 4: about four days after the homicide, the girlfriend, who name's Ophelia, 252 00:13:31,640 --> 00:13:34,199 Speaker 4: she went down to the impound lot and she told 253 00:13:34,240 --> 00:13:38,080 Speaker 4: them that the police gave her permission to retrieve the truck, 254 00:13:39,640 --> 00:13:42,480 Speaker 4: and so they gave it to her. Oh wow, and 255 00:13:43,120 --> 00:13:46,720 Speaker 4: they just like didn't see or disregarded the hold, the 256 00:13:46,760 --> 00:13:49,080 Speaker 4: evidence hold that was on it. So now we don't 257 00:13:49,080 --> 00:13:51,640 Speaker 4: have the truck, which is the crime scene. 258 00:13:52,040 --> 00:13:55,800 Speaker 1: Detective Vard spoke to several people who had witnessed the shooting, 259 00:13:56,400 --> 00:13:58,120 Speaker 1: including Ophelia Gonzalez. 260 00:13:58,920 --> 00:14:03,360 Speaker 4: Her description of the suspects didn't match really anyone else's. 261 00:14:03,760 --> 00:14:07,000 Speaker 4: There weren't any other eyewitnesses that were up close as 262 00:14:07,040 --> 00:14:09,920 Speaker 4: she was, because she was right there. But there was 263 00:14:10,120 --> 00:14:13,360 Speaker 4: a man in a neighboring apartment complex. He was on 264 00:14:13,559 --> 00:14:16,480 Speaker 4: the second floor, so he heard an argument and then 265 00:14:16,520 --> 00:14:19,400 Speaker 4: he heard gunshots, and he went out to his balcony 266 00:14:19,920 --> 00:14:22,640 Speaker 4: and looked down and he saw two people in their 267 00:14:23,200 --> 00:14:26,480 Speaker 4: late twenties thirties running to a car. And then there 268 00:14:26,480 --> 00:14:29,880 Speaker 4: were three kids that were playing across the street, but 269 00:14:29,920 --> 00:14:32,480 Speaker 4: they had a fence so they couldn't see, but they 270 00:14:32,520 --> 00:14:36,240 Speaker 4: all said that they heard a woman scream Ricardo, leave 271 00:14:36,360 --> 00:14:39,440 Speaker 4: him alone, and then they heard an argument and then 272 00:14:39,480 --> 00:14:40,680 Speaker 4: they heard gunshots. 273 00:14:41,560 --> 00:14:45,320 Speaker 1: With conflicting witness statements and no hard evidence to go on, 274 00:14:46,120 --> 00:14:50,600 Speaker 1: Rivard made little progress on the case. Five months went by. 275 00:14:51,240 --> 00:14:55,600 Speaker 4: And according to him, sometime in March of ninety six, 276 00:14:56,040 --> 00:14:58,280 Speaker 4: he gets in touch with one of his informants that 277 00:14:58,320 --> 00:15:01,240 Speaker 4: he's worked with a bunch and says, hey, you know, 278 00:15:01,320 --> 00:15:03,880 Speaker 4: go get go hit the pavement and see if you 279 00:15:03,920 --> 00:15:07,000 Speaker 4: can find out anything about this homicide. 280 00:15:07,240 --> 00:15:09,720 Speaker 1: The informant's name was Bill brun. 281 00:15:10,520 --> 00:15:14,240 Speaker 4: So he reports back and he says, yeah, I heard 282 00:15:14,280 --> 00:15:18,120 Speaker 4: some kids talking at a park about this homicide and 283 00:15:18,200 --> 00:15:19,120 Speaker 4: essentially confessing. 284 00:15:20,200 --> 00:15:23,920 Speaker 1: At the same time, Everisto was also being questioned at 285 00:15:23,920 --> 00:15:24,920 Speaker 1: the police station. 286 00:15:25,040 --> 00:15:28,000 Speaker 4: Because he was a witness and another homicide. So he's 287 00:15:28,160 --> 00:15:32,560 Speaker 4: in with another detective and Rivard decides to go in 288 00:15:32,640 --> 00:15:35,160 Speaker 4: and take pictures of him, and so he took three 289 00:15:35,200 --> 00:15:38,200 Speaker 4: polaroid pictures and then he went back to his office 290 00:15:38,200 --> 00:15:41,800 Speaker 4: where Bill was, and Rivard says he then threw the 291 00:15:41,800 --> 00:15:46,000 Speaker 4: pictures on his desk and Bill said, Hey, that's the guy. 292 00:15:46,360 --> 00:15:49,760 Speaker 4: That's the kid who was confessing at the park in 293 00:15:49,840 --> 00:15:53,480 Speaker 4: these polaroids. And that's how Junior gets involved in the case. 294 00:15:54,560 --> 00:15:58,000 Speaker 1: Ophelia Gonzalez had told police that she saw two young 295 00:15:58,040 --> 00:16:01,960 Speaker 1: boys near the truck just before Jose was shot. When 296 00:16:01,960 --> 00:16:04,960 Speaker 1: she was shown a photo lineup that included the polaroids 297 00:16:05,040 --> 00:16:10,000 Speaker 1: detective Revard had taken of Everisto, Ophelia identified him as 298 00:16:10,040 --> 00:16:16,160 Speaker 1: one of the boys she'd seen. On May twenty second, 299 00:16:16,320 --> 00:16:19,440 Speaker 1: nineteen ninety six, Everisto was picked up by police for 300 00:16:19,600 --> 00:16:21,680 Speaker 1: questioning about Jose's murder. 301 00:16:23,120 --> 00:16:25,440 Speaker 2: I was arrested a day after we buried my friend 302 00:16:25,440 --> 00:16:28,080 Speaker 2: who was killed a week before. He was my best friend. 303 00:16:28,080 --> 00:16:31,240 Speaker 2: I grew up with him and I was there when 304 00:16:31,280 --> 00:16:32,600 Speaker 2: he's killed. He was killed right in front of me. 305 00:16:32,680 --> 00:16:35,440 Speaker 2: He was seventeen years old, killed at the jackpot here 306 00:16:35,480 --> 00:16:37,520 Speaker 2: in sunnyside right in front of it, a rival gang. 307 00:16:37,880 --> 00:16:41,040 Speaker 2: I carried his casket and then we buried him the 308 00:16:41,040 --> 00:16:42,560 Speaker 2: next day. They can't picked me up at nine in 309 00:16:42,600 --> 00:16:47,240 Speaker 2: the morning and didn't tell me what they were taking. 310 00:16:47,600 --> 00:16:50,520 Speaker 2: Mind you, they do this all the time. So I'm 311 00:16:50,800 --> 00:16:53,480 Speaker 2: pissed off, saying, look, I've been up for a week, 312 00:16:53,520 --> 00:16:55,400 Speaker 2: I haven't slept. My best friend was killed the other 313 00:16:55,440 --> 00:16:57,120 Speaker 2: you guys know this, what do. 314 00:16:57,120 --> 00:17:00,960 Speaker 1: You want Everisto was questioned by Detective did jim Levard 315 00:17:01,120 --> 00:17:04,200 Speaker 1: and Jose Trevino. He assumed he had been picked up 316 00:17:04,240 --> 00:17:07,080 Speaker 1: to talk about his friend's shooting, and. 317 00:17:07,080 --> 00:17:08,879 Speaker 2: They're like, yeahs, where were you? Where were you at 318 00:17:08,920 --> 00:17:12,280 Speaker 2: in November? I was like November? What? November ninety five? 319 00:17:12,320 --> 00:17:15,320 Speaker 2: I was like what day? And they were like, we 320 00:17:15,400 --> 00:17:18,679 Speaker 2: all just November ninety five and I was like, home, 321 00:17:19,040 --> 00:17:20,680 Speaker 2: I don't, I don't know what do you mean? Where 322 00:17:20,880 --> 00:17:21,200 Speaker 2: was I at? 323 00:17:21,200 --> 00:17:21,320 Speaker 4: You know? 324 00:17:21,359 --> 00:17:24,440 Speaker 2: I mean the day? There's nothing about the day that's special. 325 00:17:25,119 --> 00:17:28,479 Speaker 2: It's just another day of a fifteen year old kid's life. 326 00:17:29,119 --> 00:17:31,119 Speaker 2: I don't have a car, I don't have parties. I 327 00:17:31,160 --> 00:17:33,520 Speaker 2: go to I literally sit home or go to school 328 00:17:33,600 --> 00:17:36,160 Speaker 2: and that's it. There's nothing special about it. And they're 329 00:17:36,200 --> 00:17:38,879 Speaker 2: asking me these things, and I literally like, I don't know. 330 00:17:39,040 --> 00:17:41,120 Speaker 2: I had to be home. And so when they said, well, 331 00:17:41,119 --> 00:17:43,159 Speaker 2: someone said you killed Jose Ariola, and I was like, 332 00:17:43,920 --> 00:17:48,879 Speaker 2: who the hell's Jose Ariola? And I knew him in 333 00:17:48,920 --> 00:17:52,040 Speaker 2: the sense that I had heard about him, but not personally, 334 00:17:52,359 --> 00:17:55,080 Speaker 2: but I heard his name was they called them bugs 335 00:17:55,480 --> 00:17:59,359 Speaker 2: and then they're like bugs and I was like, oh 336 00:17:59,440 --> 00:18:02,000 Speaker 2: my god, are you serious, and they and then I said, 337 00:18:02,119 --> 00:18:04,480 Speaker 2: I said, look, none of us had a part to 338 00:18:04,520 --> 00:18:05,240 Speaker 2: play and none of that. 339 00:18:07,160 --> 00:18:12,480 Speaker 1: But Detective Orvard kept pushing him. 340 00:18:11,880 --> 00:18:13,440 Speaker 2: If I kept telling him I didn't do it. Look, 341 00:18:13,720 --> 00:18:15,040 Speaker 2: even I looked at him, I said, look, you know, 342 00:18:15,119 --> 00:18:17,919 Speaker 2: you've known me my entire life. I mean, come on, 343 00:18:18,440 --> 00:18:20,000 Speaker 2: and he was just like he looks at me, and 344 00:18:20,000 --> 00:18:21,320 Speaker 2: he goes, you didn't think we're ever going to catch it? 345 00:18:24,000 --> 00:18:25,960 Speaker 2: And so this was there was a different tone this time, 346 00:18:26,000 --> 00:18:28,520 Speaker 2: you know, And I knew just by his tone in 347 00:18:28,560 --> 00:18:31,359 Speaker 2: the way that his decision was already made long before 348 00:18:31,359 --> 00:18:34,159 Speaker 2: I even went into that room. He had decided I 349 00:18:34,240 --> 00:18:36,480 Speaker 2: don't know when, but that it was going to be me. 350 00:18:38,800 --> 00:18:40,600 Speaker 2: It was the worst feeling in the world because by 351 00:18:40,640 --> 00:18:44,120 Speaker 2: that I was already crying you know. I was in tears. 352 00:18:44,480 --> 00:18:46,680 Speaker 2: And they allowed me to call my dad and try 353 00:18:46,680 --> 00:18:48,440 Speaker 2: to explain to him, and he tried to calm down, 354 00:18:48,440 --> 00:18:51,720 Speaker 2: calm down, I can't understand, understand, And I said, they 355 00:18:51,760 --> 00:18:53,159 Speaker 2: were saying I killed somebody that I don't know. I 356 00:18:53,200 --> 00:18:55,119 Speaker 2: don't know what the hell they're talking about. That they're 357 00:18:55,200 --> 00:18:57,159 Speaker 2: not playing. They're not playing, no man, And he's like, 358 00:18:57,520 --> 00:19:00,400 Speaker 2: calm down, Look, what are you talking about? I said, Dad, 359 00:19:00,440 --> 00:19:02,920 Speaker 2: And I couldn't even speak, you know, I just my head. 360 00:19:02,960 --> 00:19:05,920 Speaker 2: It was it was just spinning, and it was hysterical. 361 00:19:05,920 --> 00:19:08,600 Speaker 2: And because I could tell they were not playing. 362 00:19:20,600 --> 00:19:23,520 Speaker 1: You're listening to Wrongful Conviction with Maggie Freeling. You can 363 00:19:23,560 --> 00:19:26,640 Speaker 1: listen to this and all the Lava for Good podcasts 364 00:19:26,800 --> 00:19:30,080 Speaker 1: one week early and ad free by subscribing to Lava 365 00:19:30,119 --> 00:19:32,360 Speaker 1: for Good Plus on Apple Podcasts. 366 00:19:41,720 --> 00:19:44,720 Speaker 2: They stripped me naked and then they throw me in 367 00:19:44,920 --> 00:19:48,080 Speaker 2: an adult jumpsuit. It doesn't even fit me. It's like 368 00:19:48,080 --> 00:19:52,400 Speaker 2: a five X or something. And the jumpsuits tore from 369 00:19:52,400 --> 00:19:54,480 Speaker 2: the leg all the way down, so my whole leg 370 00:19:54,520 --> 00:19:57,920 Speaker 2: on this side is exposed. I was barefooted, I was 371 00:19:58,000 --> 00:19:59,320 Speaker 2: naked under and then they throw me in the back 372 00:19:59,359 --> 00:20:02,720 Speaker 2: of the cop car and just carked me off and 373 00:20:02,840 --> 00:20:04,080 Speaker 2: they take me into it and they put me in 374 00:20:04,119 --> 00:20:06,359 Speaker 2: the booking and then the lady looks at me and 375 00:20:06,440 --> 00:20:09,679 Speaker 2: she goes tells the cop why are you bringing him here? 376 00:20:09,720 --> 00:20:13,880 Speaker 2: He's a juno clearly, and he's like, oh, it doesn't matter, 377 00:20:13,920 --> 00:20:15,760 Speaker 2: he's gonna come over here anyways. They're going to charge 378 00:20:15,840 --> 00:20:18,720 Speaker 2: him as though anyway, so he's gonna come here, and 379 00:20:18,840 --> 00:20:21,720 Speaker 2: almost forced her to do the booking. It was almost 380 00:20:21,720 --> 00:20:26,879 Speaker 2: sadistic in a way, and he didn't say it, but 381 00:20:27,000 --> 00:20:30,119 Speaker 2: his actions showed that, for whatever reason, he enjoyed that 382 00:20:30,160 --> 00:20:32,800 Speaker 2: part of it, that that was him exercising the power 383 00:20:32,880 --> 00:20:35,399 Speaker 2: over me and saying, now, look, how we got you. 384 00:20:36,240 --> 00:20:41,800 Speaker 2: He's enjoying the fact that I'm clearly just in a 385 00:20:41,880 --> 00:20:45,320 Speaker 2: massive amount of distress. You know, I'm an adult jail 386 00:20:45,720 --> 00:20:47,040 Speaker 2: like you know, I mean, i know what goes on 387 00:20:47,040 --> 00:20:49,040 Speaker 2: in prison. I've watched movies and all those kind of things. 388 00:20:51,359 --> 00:20:54,640 Speaker 1: Everisto's sister, Debbie, got the news of his arrest from 389 00:20:54,640 --> 00:20:56,040 Speaker 1: their stepfather. 390 00:20:56,200 --> 00:20:57,800 Speaker 3: When they didn't bring them home. My dad's the one 391 00:20:57,800 --> 00:21:00,280 Speaker 3: that called and told me, you know, hey, they that 392 00:21:00,320 --> 00:21:02,840 Speaker 3: they're charging him a murder And I'm like, what. I 393 00:21:02,880 --> 00:21:05,919 Speaker 3: started crying like, I just bald. I'm like, what did 394 00:21:05,920 --> 00:21:07,560 Speaker 3: I talk y'all? Now, it's not for reals, you know. 395 00:21:08,160 --> 00:21:11,119 Speaker 3: We were just in shock. And then I was the 396 00:21:11,119 --> 00:21:14,600 Speaker 3: one that got the lawyer. A sixteen year old looking 397 00:21:14,640 --> 00:21:16,280 Speaker 3: for a lawyer, come on, you know what I mean. 398 00:21:17,160 --> 00:21:18,920 Speaker 3: I did the best that I could, and I thought 399 00:21:18,920 --> 00:21:21,679 Speaker 3: that his lawyer was going to get him off, but 400 00:21:22,560 --> 00:21:23,000 Speaker 3: he did it. 401 00:21:24,119 --> 00:21:28,439 Speaker 1: Everisto's family retained George Trehoe as his defense attorney. The 402 00:21:28,480 --> 00:21:32,400 Speaker 1: trial began on December ninth, nineteen ninety six, in Yakima 403 00:21:32,440 --> 00:21:37,360 Speaker 1: Superior Court before Judge Stephen Brown. The prosecutors were Ken 404 00:21:37,480 --> 00:21:42,320 Speaker 1: Ram and Kelly Allwell. With no DNA or forensic evidence 405 00:21:42,359 --> 00:21:46,080 Speaker 1: to present. The primary witnesses for the state were Ophelia 406 00:21:46,119 --> 00:21:51,959 Speaker 1: Gonzalez and the informant Bill Brune. Both witnesses repeated what 407 00:21:52,000 --> 00:21:56,480 Speaker 1: they had told police. For the defense, George Trehoe presented 408 00:21:56,640 --> 00:22:00,959 Speaker 1: several witnesses that contradicted Ophelia's description of the shooter. 409 00:22:01,680 --> 00:22:05,160 Speaker 4: His theory was essentially that Junior was it was a misidentification. 410 00:22:05,400 --> 00:22:07,080 Speaker 4: Junior was not there. 411 00:22:07,960 --> 00:22:12,520 Speaker 1: To support that argument. Treyjo also presented an alibi witness. 412 00:22:13,000 --> 00:22:15,800 Speaker 4: Her name was Sylvia and she worked at like a 413 00:22:15,840 --> 00:22:19,520 Speaker 4: little convenience store by Junior's house, and Junior went there 414 00:22:19,520 --> 00:22:21,680 Speaker 4: all the time towards the end of the day because 415 00:22:21,880 --> 00:22:24,000 Speaker 4: she would always throw out burritos at the end of 416 00:22:24,040 --> 00:22:26,280 Speaker 4: the day. So in this particular day on the de 417 00:22:26,400 --> 00:22:29,560 Speaker 4: Jose was shot, he went to the convenience store and 418 00:22:30,000 --> 00:22:33,000 Speaker 4: wanted he had some burritos. And so she testified essentially 419 00:22:33,040 --> 00:22:35,560 Speaker 4: that he was there at the same time, like around 420 00:22:35,560 --> 00:22:38,640 Speaker 4: the same time as the shooting, and he wasn't sweating, 421 00:22:38,680 --> 00:22:40,320 Speaker 4: he wasn't he didn't like he was on a breath. 422 00:22:40,359 --> 00:22:43,240 Speaker 4: He didn't like run there right, and that would have 423 00:22:43,240 --> 00:22:45,720 Speaker 4: been like a mile from where the shooting happened. 424 00:22:46,520 --> 00:22:50,240 Speaker 1: Right before Sylvia took the stand, Officer Rivard tried to 425 00:22:50,280 --> 00:22:51,720 Speaker 1: stop her from testifying. 426 00:22:52,359 --> 00:22:56,200 Speaker 4: Rivard pulled her to the side and said to her 427 00:22:56,320 --> 00:22:59,280 Speaker 4: that he had a video of her stealing like a 428 00:22:59,320 --> 00:23:03,000 Speaker 4: hot dog at this convenience store, and so he was like, 429 00:23:03,280 --> 00:23:05,920 Speaker 4: just just don't don't forget I have that video of you. 430 00:23:06,840 --> 00:23:11,840 Speaker 4: And Sylvia told Trey Hoe, Junior's attorney, and he made 431 00:23:11,840 --> 00:23:16,320 Speaker 4: a record about it about Revard intimidating witnesses, and the 432 00:23:16,400 --> 00:23:22,720 Speaker 4: judge actually admonished everyone about witness intimidation, but Revard didn't 433 00:23:22,720 --> 00:23:25,400 Speaker 4: respond the prosecutor in Vard. Neither one of them responded. 434 00:23:25,440 --> 00:23:27,879 Speaker 4: It was just trey Hoe making the record and the 435 00:23:27,960 --> 00:23:29,840 Speaker 4: judge saying, you know, that's not allowed. 436 00:23:33,400 --> 00:23:37,760 Speaker 1: Ten days after the trial began, it was over. Everisto 437 00:23:37,920 --> 00:23:39,800 Speaker 1: was left to await the jury's decision. 438 00:23:41,200 --> 00:23:43,440 Speaker 2: It was strange because I had a bad dream or 439 00:23:43,440 --> 00:23:46,400 Speaker 2: a couple dreams the night before that that were kind 440 00:23:46,400 --> 00:23:48,560 Speaker 2: of we're dreams that were telling me somehow that I 441 00:23:48,560 --> 00:23:50,560 Speaker 2: was going to be convicted, and I was scared. I 442 00:23:50,600 --> 00:23:52,680 Speaker 2: remember a day before and I was crying to my 443 00:23:52,760 --> 00:23:56,200 Speaker 2: dad and I said, Dad, I'm having bad dreams. And 444 00:23:56,359 --> 00:23:58,360 Speaker 2: he said, don't say that. I don't say. We don't 445 00:23:58,359 --> 00:24:00,280 Speaker 2: know what's going to happen. It's just, you know, just 446 00:24:00,280 --> 00:24:01,000 Speaker 2: calmed down, okay. 447 00:24:03,280 --> 00:24:07,800 Speaker 1: On December nineteenth, nineteen ninety six, Everisto was convicted of 448 00:24:07,920 --> 00:24:11,760 Speaker 1: first degree murder and unlawful possession of a weapon. He 449 00:24:11,920 --> 00:24:15,560 Speaker 1: was sentenced to thirty two years and nine months in prison. 450 00:24:16,440 --> 00:24:19,720 Speaker 1: It was two days after his sixteenth birthday. 451 00:24:22,320 --> 00:24:26,560 Speaker 2: The verdict. There was a collective scream behind me, and 452 00:24:26,760 --> 00:24:30,199 Speaker 2: it wasn't it wasn't like a normal just oh, it 453 00:24:30,280 --> 00:24:34,160 Speaker 2: was it was a scream like something happened really really bad, 454 00:24:34,440 --> 00:24:35,680 Speaker 2: and that was my sister's. 455 00:24:37,080 --> 00:24:40,040 Speaker 3: Every time they played a certain footage of there, when 456 00:24:40,280 --> 00:24:43,119 Speaker 3: you know they find them guilty, I'm the one crying 457 00:24:43,119 --> 00:24:49,080 Speaker 3: in the background really super long, because it's like it's 458 00:24:49,080 --> 00:24:52,080 Speaker 3: like seeing your child be taken from you. 459 00:24:52,080 --> 00:24:52,280 Speaker 2: You know. 460 00:24:53,160 --> 00:24:55,439 Speaker 3: I took care of him and raised him, and I 461 00:24:55,480 --> 00:24:56,439 Speaker 3: still struggle with that. 462 00:24:58,480 --> 00:25:01,960 Speaker 2: And then once they read it, it was a weird feeling. 463 00:25:02,000 --> 00:25:04,639 Speaker 2: It was a feeling like of course, you know, of 464 00:25:04,640 --> 00:25:08,760 Speaker 2: course because at that point in my life, I have 465 00:25:08,840 --> 00:25:12,800 Speaker 2: taken so many punches and that was so many, you know, 466 00:25:12,840 --> 00:25:15,679 Speaker 2: horrific moments of my life, and it was just like, Okay, 467 00:25:15,840 --> 00:25:17,920 Speaker 2: of course, you know, that's that's exactly what's gonna happen. 468 00:25:18,080 --> 00:25:22,639 Speaker 2: I had this this attitude of just like like like 469 00:25:22,720 --> 00:25:24,640 Speaker 2: there was nothing good gonna happen to me in my life, 470 00:25:24,680 --> 00:25:26,879 Speaker 2: that of course, this is going to be the outcome 471 00:25:26,920 --> 00:25:27,639 Speaker 2: of something I didn't do. 472 00:25:29,920 --> 00:25:32,639 Speaker 3: I was just so confused. I just looked at him 473 00:25:32,680 --> 00:25:38,080 Speaker 3: and I cried and broke my heart, like it's too 474 00:25:38,200 --> 00:25:43,480 Speaker 3: bulls just sitting here looking at him. You know, he 475 00:25:43,600 --> 00:25:46,840 Speaker 3: was so little, and I was just like how couldn't 476 00:25:46,840 --> 00:25:51,320 Speaker 3: I like what how what? None of this stuff makes sense, 477 00:25:51,840 --> 00:25:55,440 Speaker 3: Like there's nothing that says he did anything, Like how 478 00:25:55,480 --> 00:25:58,520 Speaker 3: could they convict him? 479 00:25:58,720 --> 00:26:02,399 Speaker 2: I've never seen my dad before, never that moment that 480 00:26:02,480 --> 00:26:08,240 Speaker 2: was beyond crime. He couldn't even talk. And I look 481 00:26:08,280 --> 00:26:10,280 Speaker 2: at him and and and here, like I said, here 482 00:26:10,320 --> 00:26:14,320 Speaker 2: was a man that has been my foundation, my superman. 483 00:26:14,720 --> 00:26:17,880 Speaker 2: He he he was everything that I hoped to be. 484 00:26:18,440 --> 00:26:22,480 Speaker 2: He was my protector. At that moment, right there, he 485 00:26:22,520 --> 00:26:26,520 Speaker 2: became mortal. He taught me how to be strong in 486 00:26:26,560 --> 00:26:31,120 Speaker 2: those moments of despair and hearted. And I could see 487 00:26:31,160 --> 00:26:33,159 Speaker 2: at that moment that that that I had to be 488 00:26:33,280 --> 00:26:37,200 Speaker 2: that for him. And at that moment, the roles switched. 489 00:26:38,880 --> 00:26:42,400 Speaker 2: I looked at him. I said, no, it's it's gonna 490 00:26:42,400 --> 00:26:46,000 Speaker 2: be all right. Now, it's gonna be all right, It's 491 00:26:46,000 --> 00:26:47,720 Speaker 2: gonna be alright. I just kept saying that to him. 492 00:26:47,800 --> 00:27:07,800 Speaker 2: I said, I'm gonna survive. That I'll survive. So I 493 00:27:07,880 --> 00:27:11,560 Speaker 2: was charged May twenty second of nineteen ninety six. I 494 00:27:11,600 --> 00:27:15,480 Speaker 2: was convicted December nineteenth of nineteen ninety six. I was 495 00:27:15,520 --> 00:27:17,879 Speaker 2: sent to thirty plus years and I was sent to 496 00:27:17,920 --> 00:27:21,280 Speaker 2: prison February twelfth of nineteen ninety seven. That's less than 497 00:27:21,280 --> 00:27:23,919 Speaker 2: that's about a ten month period that all that took place. 498 00:27:24,960 --> 00:27:28,320 Speaker 2: So I didn't have I was barely starting to try 499 00:27:28,320 --> 00:27:30,600 Speaker 2: to reflect on what has actually happened. By that time, 500 00:27:30,640 --> 00:27:33,000 Speaker 2: I was sitting in an adult prison at the age 501 00:27:33,000 --> 00:27:37,680 Speaker 2: of sixteen on the general population yard. I didn't have time. 502 00:27:37,720 --> 00:27:40,159 Speaker 2: I had to think about how the hell am I 503 00:27:40,160 --> 00:27:41,400 Speaker 2: going to survive in this place? 504 00:27:41,440 --> 00:27:46,000 Speaker 4: You know, I mean, Washington State Penitentiary is what we 505 00:27:46,080 --> 00:27:48,520 Speaker 4: call like the closed custody. It is where a lot 506 00:27:48,600 --> 00:27:52,000 Speaker 4: of the really, really bad guys go. So Junior went 507 00:27:52,080 --> 00:27:56,000 Speaker 4: there as a sixteen year old, weighing one hundred pounds 508 00:27:56,280 --> 00:27:59,960 Speaker 4: and standing five feet tall. So I mean, I can't 509 00:28:00,000 --> 00:28:02,760 Speaker 4: imagine the things that he went through. 510 00:28:04,040 --> 00:28:08,440 Speaker 2: I had such a level of immaturity that I couldn't 511 00:28:08,480 --> 00:28:12,160 Speaker 2: comprehend the magnitude of what was taking place. It came 512 00:28:12,480 --> 00:28:17,600 Speaker 2: probably about when I turned nineteen, is when I think 513 00:28:17,720 --> 00:28:20,760 Speaker 2: mentally I got mature enough to realize like, oh my god, 514 00:28:20,800 --> 00:28:24,520 Speaker 2: this is not going to change. You know this, this 515 00:28:24,600 --> 00:28:30,879 Speaker 2: really happened. And then it became years of just just misery, depression, 516 00:28:31,240 --> 00:28:33,359 Speaker 2: struggles to even accept that I wanted to wake up 517 00:28:33,400 --> 00:28:39,200 Speaker 2: every day, not to mention the mountain of prison chaos 518 00:28:39,240 --> 00:28:42,360 Speaker 2: and violence and cruelty and brutality that was taking place 519 00:28:42,360 --> 00:28:43,440 Speaker 2: every single day in that place. 520 00:28:43,880 --> 00:28:46,480 Speaker 1: What did you see in an adult prison as a child. 521 00:28:46,640 --> 00:28:48,480 Speaker 2: Well, I wasn't the only juvenile that went to you know, 522 00:28:48,560 --> 00:28:49,960 Speaker 2: there was a few that came in after that too. 523 00:28:50,160 --> 00:28:52,760 Speaker 2: They raped them, they sent them a missions, they gave 524 00:28:52,760 --> 00:28:55,160 Speaker 2: the knives to go stab people. They mashed them out, 525 00:28:55,200 --> 00:28:57,600 Speaker 2: they took the cop they took their store, they extorted them. 526 00:28:57,840 --> 00:29:02,840 Speaker 2: They just didn't have the physically resist. And I've seen it, 527 00:29:02,880 --> 00:29:04,800 Speaker 2: believe me. It was it was, it was. It was 528 00:29:04,840 --> 00:29:07,560 Speaker 2: horrible to hear it at night sometimes and and in 529 00:29:07,600 --> 00:29:10,200 Speaker 2: the cells, and and that's the reality of prison. 530 00:29:10,720 --> 00:29:12,920 Speaker 1: Did being in a gang help or hurt? 531 00:29:12,960 --> 00:29:13,480 Speaker 2: That was? 532 00:29:13,520 --> 00:29:15,120 Speaker 1: That was that part of your prison life. 533 00:29:15,560 --> 00:29:17,560 Speaker 2: The strange thing is that when I came to prison, 534 00:29:17,920 --> 00:29:21,720 Speaker 2: being a part of that gang actually protected me from 535 00:29:21,760 --> 00:29:24,320 Speaker 2: being preyed upon by the other groups. I was. I 536 00:29:24,400 --> 00:29:28,840 Speaker 2: was small, and basically I had, I know, had no protection. 537 00:29:29,080 --> 00:29:30,960 Speaker 2: A lot of bad things, even worse things would happen 538 00:29:31,000 --> 00:29:33,520 Speaker 2: to me. The system would have chewed me up. They 539 00:29:33,520 --> 00:29:35,840 Speaker 2: treated me almost like their younger brother, and some of 540 00:29:35,840 --> 00:29:38,560 Speaker 2: them even treated me like a son. Yes, I was 541 00:29:38,600 --> 00:29:41,000 Speaker 2: able to maintain a certain amount of protection, but at 542 00:29:41,000 --> 00:29:45,560 Speaker 2: what costs? You know. Once I got past all the 543 00:29:45,600 --> 00:29:48,440 Speaker 2: misery and poor me, you know, I started getting to 544 00:29:48,520 --> 00:29:50,200 Speaker 2: the this is what I needed to do to go home. 545 00:29:50,720 --> 00:29:53,000 Speaker 2: I started working on everything and and got the mind 546 00:29:53,000 --> 00:29:55,320 Speaker 2: frame that I'm gonna I'm going to prove my innocence 547 00:29:55,400 --> 00:29:57,320 Speaker 2: one way or one way or another in this place. 548 00:29:57,960 --> 00:30:00,440 Speaker 2: And I would tell my dad every day, Dad, when 549 00:30:00,440 --> 00:30:02,320 Speaker 2: I get out, there's what I'm gonna do. Dad, when 550 00:30:02,360 --> 00:30:03,640 Speaker 2: I get out, I'm going to do that, and you 551 00:30:03,760 --> 00:30:08,440 Speaker 2: get happy. But twenty six, twenty seven years into that, 552 00:30:08,600 --> 00:30:11,280 Speaker 2: his level of happiness after I would say that was gone. 553 00:30:12,640 --> 00:30:15,160 Speaker 2: It was almost like he felt bad. He was like, 554 00:30:16,000 --> 00:30:19,160 Speaker 2: my poor son still believes. He hasn't accepted it. But 555 00:30:19,240 --> 00:30:21,800 Speaker 2: I wasn't going to be defeated. I wasn't going to 556 00:30:21,840 --> 00:30:26,160 Speaker 2: accept that reality. I wasn't a murderer. I wasn't a killer. 557 00:30:26,360 --> 00:30:28,240 Speaker 2: Was I a game member, Yeah, I was a game 558 00:30:28,280 --> 00:30:30,920 Speaker 2: merunt the time. Did I do stupid things as a kid, yes? 559 00:30:31,320 --> 00:30:33,920 Speaker 2: Was I disrespectful to the cops all those kinds of things, yes, 560 00:30:34,360 --> 00:30:36,560 Speaker 2: But that doesn't make me a killer. And I will 561 00:30:36,600 --> 00:30:39,960 Speaker 2: not accept that label. And that was my way of protesting. 562 00:30:40,040 --> 00:30:42,960 Speaker 2: It was my way of saying, I don't have a 563 00:30:43,040 --> 00:30:45,280 Speaker 2: law degree, I don't have an understanding of the courts. 564 00:30:45,320 --> 00:30:47,440 Speaker 2: I don't have money, I don't have anybody even believes me. 565 00:30:48,720 --> 00:30:51,240 Speaker 2: Some way, somehow, my voice is going to reach somebody's 566 00:30:51,280 --> 00:30:53,840 Speaker 2: heart and they're going to have the skills that I 567 00:30:53,840 --> 00:30:59,400 Speaker 2: don't possess, and they're going to fight for me. Fifteen 568 00:30:59,480 --> 00:31:01,960 Speaker 2: years ago I started making sure mentally that I was 569 00:31:02,000 --> 00:31:04,640 Speaker 2: already going to be released. And so what I did 570 00:31:04,800 --> 00:31:08,360 Speaker 2: the past ten years is I did everything possible to 571 00:31:08,440 --> 00:31:11,160 Speaker 2: stay in line with the life out here. I read books, 572 00:31:11,400 --> 00:31:14,520 Speaker 2: I educated myself. I studied everything a possibly study. I 573 00:31:14,560 --> 00:31:18,120 Speaker 2: prepared to release plan went through it thoroughly, updated every year. 574 00:31:18,360 --> 00:31:21,160 Speaker 2: I did countless different programs in prison that would teach 575 00:31:21,160 --> 00:31:22,360 Speaker 2: you how to live out here and all that kind 576 00:31:22,360 --> 00:31:26,000 Speaker 2: of stuff, what resources do. And then I had a plan, Well, 577 00:31:26,160 --> 00:31:27,640 Speaker 2: day one is what I'm doing. Day two, so I'm 578 00:31:27,680 --> 00:31:28,160 Speaker 2: do day three. 579 00:31:29,120 --> 00:31:32,480 Speaker 1: Eventually, Everisto was transferred to a work crew that allowed 580 00:31:32,520 --> 00:31:34,560 Speaker 1: him to work outside of the prison. 581 00:31:35,200 --> 00:31:38,400 Speaker 2: I started working for dnr SO Department of Natural Resources, 582 00:31:38,400 --> 00:31:40,880 Speaker 2: and I was a firefighter. I was fighting fires in 583 00:31:40,880 --> 00:31:43,560 Speaker 2: the mountains or a Spokane. They trained me as a firefighter, 584 00:31:43,640 --> 00:31:45,720 Speaker 2: and then they paid minimum wage it's the only job. 585 00:31:45,760 --> 00:31:48,240 Speaker 2: Instead of watching as an inmate. They paid him intum wage. 586 00:31:48,240 --> 00:31:50,120 Speaker 2: And I fought twenty three fires before I got I 587 00:31:50,120 --> 00:31:52,800 Speaker 2: actually fought almost a fire every day allow up unto 588 00:31:52,800 --> 00:32:00,000 Speaker 2: the point that I was released. My first day out there, 589 00:32:00,000 --> 00:32:01,880 Speaker 2: I went to this It was actually a tourist site. 590 00:32:01,960 --> 00:32:04,560 Speaker 2: It's called Dry Falls and it's one of the most 591 00:32:04,600 --> 00:32:07,240 Speaker 2: beautiful places you can go in Washington. One guy, me 592 00:32:07,280 --> 00:32:08,680 Speaker 2: and him, I've known him for years, We've been in 593 00:32:08,680 --> 00:32:11,400 Speaker 2: prison for about the same time. And he looks at me, goes, hey, Jr. 594 00:32:12,400 --> 00:32:15,800 Speaker 2: Say how you feel right now? And he could see 595 00:32:15,800 --> 00:32:17,719 Speaker 2: the glow on my face and he was just like, 596 00:32:17,760 --> 00:32:21,400 Speaker 2: it's beautiful. And I was like, Yeah, that exposure helped me. 597 00:32:22,120 --> 00:32:24,280 Speaker 2: Dad Harod just aligned with all the plans I had. 598 00:32:25,800 --> 00:32:30,120 Speaker 2: I started writing letters to anybody that would listen, probably 599 00:32:30,160 --> 00:32:33,840 Speaker 2: in two thousand and one, two thousand so twenty. For 600 00:32:34,000 --> 00:32:39,520 Speaker 2: twenty three years, I wrote letters nearly every week and 601 00:32:39,680 --> 00:32:41,640 Speaker 2: told people I was in prison for murder. I didn't 602 00:32:41,640 --> 00:32:44,480 Speaker 2: commit that this is wrong, now, please help me. I 603 00:32:44,480 --> 00:32:46,760 Speaker 2: would go to the lawle ibrary and pull out addresses 604 00:32:46,760 --> 00:32:48,680 Speaker 2: from all the attorneys stay to Washington, just pick him out, 605 00:32:48,760 --> 00:32:53,080 Speaker 2: write them. And then in twenty eleven, I watched the 606 00:32:53,080 --> 00:32:56,920 Speaker 2: documentary on CNN called The West Memphis three Paradise Lost, 607 00:32:57,760 --> 00:33:00,440 Speaker 2: and I was so moved by that, and they told 608 00:33:00,480 --> 00:33:04,400 Speaker 2: the story and I was like, this guy probably could 609 00:33:04,400 --> 00:33:06,360 Speaker 2: help me. You know, he can probably help me. 610 00:33:07,680 --> 00:33:11,280 Speaker 1: So Everisto wrote to Joe Berlinger, one of the producers 611 00:33:11,360 --> 00:33:14,840 Speaker 1: of that documentary. After reading his letter, Berlinger took an 612 00:33:14,920 --> 00:33:19,240 Speaker 1: interest in Everistow's case, and in twenty seventeen, his team 613 00:33:19,400 --> 00:33:23,000 Speaker 1: came to Sunnyside to begin investigating it for a documentary 614 00:33:23,160 --> 00:33:24,640 Speaker 1: on the Star's network. 615 00:33:25,160 --> 00:33:27,720 Speaker 2: Within about a month, they they pretty much cracked the 616 00:33:27,720 --> 00:33:31,120 Speaker 2: case wide open. That informant spoke to them, came forward 617 00:33:31,720 --> 00:33:33,440 Speaker 2: and said that he had made it all up. 618 00:33:34,360 --> 00:33:38,600 Speaker 1: Bill Brune told Berlinger's investigators that Officer Rivard had paid 619 00:33:38,680 --> 00:33:42,280 Speaker 1: him in drugs and money to point the finger at Everisto, 620 00:33:43,000 --> 00:33:46,920 Speaker 1: and that when he resisted testifying at trial, Vard then 621 00:33:47,000 --> 00:33:50,160 Speaker 1: threw him in jail. At the time, Everisto and his 622 00:33:50,200 --> 00:33:54,080 Speaker 1: family were still looking for an attorney to take his case. 623 00:33:54,960 --> 00:33:57,200 Speaker 4: So he just randomly, you know, gets my number and 624 00:33:57,240 --> 00:34:00,200 Speaker 4: he calls me. I was interested, but I I was 625 00:34:00,240 --> 00:34:03,680 Speaker 4: also I had just started my firm. I'd never done 626 00:34:03,680 --> 00:34:07,880 Speaker 4: a post conviction case, so I was like, totally, this 627 00:34:07,960 --> 00:34:10,520 Speaker 4: was totally out of my league. And then the more 628 00:34:10,560 --> 00:34:12,600 Speaker 4: I talked to him, the more I just believed him. 629 00:34:12,680 --> 00:34:15,359 Speaker 4: When I felt like nobody was going to help him 630 00:34:15,560 --> 00:34:19,120 Speaker 4: because it was a circumstantial case, I said to him, 631 00:34:19,360 --> 00:34:23,000 Speaker 4: you know, we can't go into this with our hopes 632 00:34:23,080 --> 00:34:26,200 Speaker 4: very high. We have to convince a judge that this 633 00:34:26,440 --> 00:34:29,560 Speaker 4: officer is lying so that the prosecutor didn't disclose all 634 00:34:29,560 --> 00:34:32,239 Speaker 4: this information. And that's like really hard to do and 635 00:34:32,320 --> 00:34:34,840 Speaker 4: it's an uphill battle. And so after Junior and I 636 00:34:34,880 --> 00:34:36,640 Speaker 4: agreed that I was going to work with him, and 637 00:34:36,680 --> 00:34:38,640 Speaker 4: I did it pro bonos, so we didn't have like 638 00:34:38,680 --> 00:34:41,040 Speaker 4: a contract or anything. We just kind of like spit 639 00:34:41,080 --> 00:34:44,279 Speaker 4: shook on it. So we did all this investigation and 640 00:34:44,320 --> 00:34:46,440 Speaker 4: it was just the mass it was. It was a 641 00:34:46,480 --> 00:34:49,040 Speaker 4: monster case. It was the biggest case I had ever done. 642 00:34:49,040 --> 00:34:52,680 Speaker 1: At that point, Laura started by looking for proof that 643 00:34:52,719 --> 00:34:55,560 Speaker 1: Bill Brune had been paid for his testimony. 644 00:34:56,080 --> 00:34:59,000 Speaker 4: At that time, they, the state, and the informant and 645 00:34:59,160 --> 00:35:01,320 Speaker 4: Rovard were all to nine that he had been paid. 646 00:35:01,520 --> 00:35:05,920 Speaker 4: And when I requested the file, I was able to 647 00:35:05,960 --> 00:35:09,760 Speaker 4: get a bunch of receipts, like actual receipts that say, 648 00:35:10,440 --> 00:35:13,680 Speaker 4: you know, to bill from the Sundayside Police Department for 649 00:35:14,160 --> 00:35:17,200 Speaker 4: X amount of money. That was the receipt and he 650 00:35:17,520 --> 00:35:19,759 Speaker 4: wrote a different case number on it. He did not 651 00:35:19,800 --> 00:35:21,680 Speaker 4: write Junior's case number on it because he didn't want 652 00:35:21,680 --> 00:35:23,120 Speaker 4: it tracing back to Junior's case. 653 00:35:23,760 --> 00:35:27,759 Speaker 1: In addition to Brune's recantation, Laura had to unravel Ophelia 654 00:35:27,800 --> 00:35:29,520 Speaker 1: Gonzalez's witness testimony. 655 00:35:30,200 --> 00:35:34,520 Speaker 4: What we learned later is when Ophelia was called down 656 00:35:34,680 --> 00:35:38,960 Speaker 4: to the police station to do her final identification, and 657 00:35:39,040 --> 00:35:41,879 Speaker 4: this would be the one that Junior's in her mother 658 00:35:41,880 --> 00:35:45,279 Speaker 4: in law went with her, so the decedent's mother, and 659 00:35:45,840 --> 00:35:49,560 Speaker 4: at that point in time, according to the mom, they 660 00:35:49,640 --> 00:35:56,279 Speaker 4: hypnotized her and then she gets out of the hypnosis 661 00:35:56,360 --> 00:35:59,840 Speaker 4: and she picks Junior out of the lineup. However, that 662 00:36:00,040 --> 00:36:03,360 Speaker 4: didn't come to light until like twenty nineteen, twenty twenty, 663 00:36:03,680 --> 00:36:06,680 Speaker 4: and it really only came to light by accident. I 664 00:36:06,680 --> 00:36:11,480 Speaker 4: had done some requests to get Revard's police file. Revard 665 00:36:11,560 --> 00:36:14,880 Speaker 4: and Ophelia, they both deny hypnosis and would. 666 00:36:14,640 --> 00:36:17,200 Speaker 1: This be something relevant to the case. 667 00:36:17,239 --> 00:36:19,920 Speaker 4: The hypnosis yeah, I mean it would have. It would 668 00:36:19,920 --> 00:36:22,600 Speaker 4: totally have changed the case. The Washington law at that 669 00:36:22,719 --> 00:36:26,279 Speaker 4: time was that if you were hypnotized, anything from the 670 00:36:26,360 --> 00:36:31,279 Speaker 4: hypnosis on was not admissible, and so her identification of 671 00:36:31,360 --> 00:36:35,800 Speaker 4: Junior would have been tossed and then their only evidence 672 00:36:35,840 --> 00:36:38,200 Speaker 4: would have been the informant basically because they had two 673 00:36:38,600 --> 00:36:40,759 Speaker 4: main pieces of evidence at trial, there would have been 674 00:36:40,760 --> 00:36:44,080 Speaker 4: a pre trial hearing on suppressing the identification. So yeah, 675 00:36:44,080 --> 00:36:45,920 Speaker 4: I mean, it would have totally changed it. 676 00:36:47,200 --> 00:36:51,280 Speaker 1: In twenty twenty, Laura and the Washington Innocence Project filed 677 00:36:51,320 --> 00:36:54,200 Speaker 1: a motion for a new trial based on new evidence 678 00:36:54,600 --> 00:36:57,600 Speaker 1: and on non disclosure of evidence from the first trial. 679 00:36:58,120 --> 00:37:02,840 Speaker 1: Their request for a hearing was denied by Judge David Elofson. 680 00:37:03,080 --> 00:37:07,000 Speaker 4: So we ended up filing an appeal and winning. So 681 00:37:07,440 --> 00:37:09,720 Speaker 4: then we get ordered to go back to the trial 682 00:37:09,760 --> 00:37:12,800 Speaker 4: court and we actually do get to have a hearing. 683 00:37:12,880 --> 00:37:13,160 Speaker 2: Now. 684 00:37:14,200 --> 00:37:18,359 Speaker 1: The evidentiary hearing was held on August fourteenth, twenty twenty three, 685 00:37:18,960 --> 00:37:20,840 Speaker 1: before Judge Ruth Rukoff. 686 00:37:21,760 --> 00:37:25,040 Speaker 4: The judge ordered Ophelia and Rivard to talk to us 687 00:37:25,080 --> 00:37:28,200 Speaker 4: sit down for an interview, and Rivard was the last 688 00:37:28,200 --> 00:37:33,160 Speaker 4: to testify, and he denied that he had ever paid Bill. 689 00:37:33,360 --> 00:37:36,640 Speaker 4: He denied the hypnosis. I asked him all different kinds 690 00:37:36,680 --> 00:37:39,800 Speaker 4: of ways about the payments to Bill, and he denies 691 00:37:39,840 --> 00:37:42,440 Speaker 4: the eyes and eyes. And then at the end of 692 00:37:42,520 --> 00:37:46,880 Speaker 4: cross I asked him the same thing that I've already 693 00:37:46,880 --> 00:37:51,719 Speaker 4: asked him, probably seven times, and for whatever reason, he 694 00:37:52,520 --> 00:37:54,600 Speaker 4: is like, fine, yeah, I did pay him. 695 00:37:55,840 --> 00:37:59,320 Speaker 1: Vard admitted that not only had he paid Bill Brune 696 00:37:59,360 --> 00:38:03,600 Speaker 1: to name Ever, he had doctored the receipts to cover 697 00:38:03,840 --> 00:38:05,000 Speaker 1: his tracks. 698 00:38:05,600 --> 00:38:08,000 Speaker 4: And he, you know, basically didn't tell anyone about this, 699 00:38:09,719 --> 00:38:12,440 Speaker 4: And I mean, it was just like it was wild. 700 00:38:12,840 --> 00:38:16,799 Speaker 1: From the beginning. Laura suspected that Officer Rivard had it 701 00:38:16,880 --> 00:38:18,640 Speaker 1: in for Everisto. 702 00:38:18,600 --> 00:38:21,920 Speaker 4: There was nothing, no way I could actually prove it. However, 703 00:38:22,120 --> 00:38:26,000 Speaker 4: in twenty nineteen, for whatever reason, I decided to put 704 00:38:26,360 --> 00:38:29,279 Speaker 4: Rivard's name into the federal database to see if he'd 705 00:38:29,320 --> 00:38:32,479 Speaker 4: ever been sued, and it turned out that Washington State 706 00:38:32,520 --> 00:38:36,640 Speaker 4: had sued him for violating the Anti Discrimination Act. Rivard 707 00:38:36,840 --> 00:38:39,680 Speaker 4: was going like writing these people up and evicting them, 708 00:38:40,160 --> 00:38:42,560 Speaker 4: and he wasn't getting a court order to do it. 709 00:38:42,680 --> 00:38:45,680 Speaker 4: According to the lawsuit, it was mainly in the Latino 710 00:38:45,719 --> 00:38:51,240 Speaker 4: community and Latino families, so that also, I mean furthered 711 00:38:51,320 --> 00:38:54,239 Speaker 4: my belief that this was definitely like very targeted. And 712 00:38:54,320 --> 00:38:56,920 Speaker 4: I don't know why, like why Junior of all people, 713 00:38:57,040 --> 00:39:01,120 Speaker 4: you know, I think rivarded to close the case. It 714 00:39:01,160 --> 00:39:04,080 Speaker 4: was his first case. To him, he said, this was 715 00:39:04,120 --> 00:39:08,600 Speaker 4: a high profile case. So it's like Junior just was 716 00:39:08,719 --> 00:39:11,640 Speaker 4: the unlucky one. I don't know, but I do think 717 00:39:11,880 --> 00:39:13,360 Speaker 4: Race was involved for sure. 718 00:39:14,680 --> 00:39:17,880 Speaker 1: Three days into the evidentiary hearing, as Laura's team was 719 00:39:17,920 --> 00:39:21,600 Speaker 1: preparing to give their closing argument, the state moved to 720 00:39:21,640 --> 00:39:25,960 Speaker 1: dismiss the charge. The county prosecutor admitted publicly that the 721 00:39:26,000 --> 00:39:29,400 Speaker 1: case could no longer be proven beyond a reasonable doubt, 722 00:39:29,920 --> 00:39:34,360 Speaker 1: and on August seventeenth, twenty twenty three, Judge Rukov granted 723 00:39:34,360 --> 00:39:43,360 Speaker 1: the motion and vacated Everisto's conviction. His stepdad and siblings 724 00:39:43,440 --> 00:39:46,839 Speaker 1: were sitting in the courtroom. They couldn't believe what they 725 00:39:46,840 --> 00:39:47,400 Speaker 1: were hearing. 726 00:39:48,560 --> 00:39:50,719 Speaker 3: We were there to ask for a new trial. That 727 00:39:50,880 --> 00:39:53,920 Speaker 3: was the right league. So when they said that, we're like, 728 00:39:54,360 --> 00:39:56,919 Speaker 3: what did she just And we're like, oh my gosh. 729 00:39:57,120 --> 00:39:59,560 Speaker 3: My dad just like literally fell to the ground on 730 00:39:59,560 --> 00:40:02,080 Speaker 3: his knee and he was just we were all crying. 731 00:40:02,239 --> 00:40:04,680 Speaker 3: We're all happy. You know, we're yelling, and you know 732 00:40:05,160 --> 00:40:06,319 Speaker 3: we never expected that. 733 00:40:06,640 --> 00:40:11,720 Speaker 1: Never, never, never, And after nearly three decades in prison, 734 00:40:12,239 --> 00:40:16,239 Speaker 1: Everystow was free. The entire family was waiting the day 735 00:40:16,239 --> 00:40:18,839 Speaker 1: he got out, including his stepfather. 736 00:40:22,000 --> 00:40:24,879 Speaker 2: The first thing I said to him was his dad, 737 00:40:25,440 --> 00:40:30,640 Speaker 2: I survived. And the first thing he said to me was, oh, 738 00:40:31,400 --> 00:40:32,240 Speaker 2: I'm still alive. 739 00:40:33,280 --> 00:40:36,239 Speaker 3: My dad was still So we picked him up and 740 00:40:36,360 --> 00:40:37,960 Speaker 3: he started joking as soon he's got a car, and 741 00:40:38,000 --> 00:40:40,520 Speaker 3: I'm just like, when you get out, what's what do 742 00:40:40,520 --> 00:40:42,279 Speaker 3: you want to eat? So he took me to McDonald's. 743 00:40:43,000 --> 00:40:46,640 Speaker 3: He was just smiling, happy. We'll stop on every McDonald's 744 00:40:46,680 --> 00:40:49,240 Speaker 3: on the way home. We started taking them to places 745 00:40:49,280 --> 00:40:51,400 Speaker 3: that we got out since we were young, you know, 746 00:40:52,080 --> 00:40:55,920 Speaker 3: our parents would take us to this park here in 747 00:40:55,960 --> 00:40:58,759 Speaker 3: the Tri Cities area, and we took him there. He 748 00:40:58,920 --> 00:41:01,120 Speaker 3: was just like, oh my gosh, I remember this place. 749 00:41:01,200 --> 00:41:03,799 Speaker 3: And he went in the water and he forgot how 750 00:41:03,800 --> 00:41:05,719 Speaker 3: to swim. We're like, come on, brother, just go a 751 00:41:05,760 --> 00:41:08,240 Speaker 3: little before. He's like, no, I can't. I'm not going nowhere, 752 00:41:08,280 --> 00:41:10,960 Speaker 3: you know, and he was like scared because he hadn't 753 00:41:10,960 --> 00:41:13,560 Speaker 3: been in the water for like, man twenty seven years. 754 00:41:13,560 --> 00:41:19,560 Speaker 3: You know, my dad lives in the same house. Wow, 755 00:41:19,760 --> 00:41:22,040 Speaker 3: my brother comes back to the same room that he 756 00:41:22,200 --> 00:41:24,600 Speaker 3: left and so he just says, the room is a 757 00:41:24,600 --> 00:41:28,400 Speaker 3: little smaller than it was. He was a smaller I 758 00:41:28,440 --> 00:41:31,960 Speaker 3: remember big and but yeah, he's in the same room 759 00:41:32,000 --> 00:41:32,440 Speaker 3: right now. 760 00:41:34,040 --> 00:41:37,319 Speaker 1: Everistow is back at home in his old bedroom. But 761 00:41:37,360 --> 00:41:41,080 Speaker 1: there has been one other major change in his life. 762 00:41:41,719 --> 00:41:43,600 Speaker 2: Me and my fiance, we've been together for almost five 763 00:41:43,680 --> 00:41:47,080 Speaker 2: years now. She's from the Netherlands. We met by the documentary. 764 00:41:47,239 --> 00:41:49,880 Speaker 2: So the documentary came out, she was moved by it, 765 00:41:50,320 --> 00:41:54,920 Speaker 2: she wrote me, and since then we started. We had 766 00:41:54,920 --> 00:41:56,719 Speaker 2: a really She came to visit me from the Netherlands 767 00:41:57,040 --> 00:41:59,600 Speaker 2: and it's been wonderful. She's been with me the entire time. 768 00:42:00,000 --> 00:42:02,080 Speaker 2: We have a little boy that's seven. He was three 769 00:42:02,160 --> 00:42:04,480 Speaker 2: years old when we met, but I've been raising him 770 00:42:04,480 --> 00:42:07,160 Speaker 2: ever since. And he speaks Dutch, but he's learned in 771 00:42:07,200 --> 00:42:09,840 Speaker 2: English right now and it's the cutest thing ever. And 772 00:42:09,880 --> 00:42:12,520 Speaker 2: he tells me he's like, well, in the heavy you 773 00:42:12,520 --> 00:42:14,719 Speaker 2: know Dutch accident, I love you, I love you, I 774 00:42:14,760 --> 00:42:18,359 Speaker 2: love your dad. It's just wonderful song. So my hope 775 00:42:18,480 --> 00:42:20,440 Speaker 2: is that within the next few months I'll get my 776 00:42:20,440 --> 00:42:22,960 Speaker 2: passport and I'll be able to head to the Netlands 777 00:42:23,080 --> 00:42:24,120 Speaker 2: and visit with yourselng. 778 00:42:25,160 --> 00:42:28,680 Speaker 1: In the meantime, Everisto is using his experience to give 779 00:42:28,719 --> 00:42:30,960 Speaker 1: back to the youth of his community. 780 00:42:30,920 --> 00:42:33,400 Speaker 2: Here in the city of Sunnyside. I've been speaking at 781 00:42:33,400 --> 00:42:35,239 Speaker 2: all the schools, even the school that I attended before 782 00:42:35,239 --> 00:42:37,600 Speaker 2: I went to prison, and it's been amazing. I've been 783 00:42:37,640 --> 00:42:40,200 Speaker 2: trying to give these kids strength and everything. And I'm 784 00:42:40,200 --> 00:42:42,359 Speaker 2: actually the process of putting together a youth center here 785 00:42:42,400 --> 00:42:45,160 Speaker 2: on Sunnyside, and so I'm working with the part of 786 00:42:45,160 --> 00:42:48,720 Speaker 2: the city council, the school district, and I'm actually schedule 787 00:42:48,760 --> 00:42:50,879 Speaker 2: to talk next week over here in the town next 788 00:42:50,880 --> 00:42:51,120 Speaker 2: to us. 789 00:42:51,120 --> 00:42:55,560 Speaker 3: So he loves speaking to the youth. He wants to 790 00:42:55,640 --> 00:42:58,439 Speaker 3: help any kid he can help, anybody he can help, 791 00:42:58,560 --> 00:43:02,760 Speaker 3: he wants to help. He's so intelligent, he's very, very smart, 792 00:43:03,000 --> 00:43:06,560 Speaker 3: and he speaks from the heart, and I mean, I 793 00:43:06,640 --> 00:43:09,760 Speaker 3: just want people to know that he is out here, 794 00:43:09,880 --> 00:43:11,920 Speaker 3: and he's out for a reason, and he has a 795 00:43:11,920 --> 00:43:16,000 Speaker 3: purpose and he's going to fulfill his purpose, and speaking 796 00:43:16,120 --> 00:43:17,240 Speaker 3: is his purpose. 797 00:43:19,520 --> 00:43:22,839 Speaker 1: When we spoke, Everisto and Debbie had just had birthdays. 798 00:43:23,320 --> 00:43:26,439 Speaker 1: He had turned forty three, and Debbie was forty five. 799 00:43:27,840 --> 00:43:31,480 Speaker 1: She said they celebrated together just like when they were kids, 800 00:43:31,840 --> 00:43:33,920 Speaker 1: with one big difference. 801 00:43:34,840 --> 00:43:37,319 Speaker 3: When we had birthdays, we always had one big cake 802 00:43:37,920 --> 00:43:40,600 Speaker 3: and always had his name and my name, so we 803 00:43:40,600 --> 00:43:43,799 Speaker 3: always shared a cake. This was the first year he 804 00:43:43,840 --> 00:43:46,200 Speaker 3: didn't share a cake with nobody. He had a cake 805 00:43:46,239 --> 00:44:04,560 Speaker 3: to himself. 806 00:44:06,680 --> 00:44:09,320 Speaker 1: Thank you for listening to Wrongful Conviction with Maggie Freeling. 807 00:44:09,719 --> 00:44:12,759 Speaker 1: Please support your local innocence organizations and go to the 808 00:44:12,800 --> 00:44:15,560 Speaker 1: links in the episode description to see how you can help. 809 00:44:16,000 --> 00:44:19,600 Speaker 1: I'd like to thank our executive producers Jason Flam, Jeff Kempler, 810 00:44:19,640 --> 00:44:22,880 Speaker 1: and Kevin Wortis, as well as senior producer Annie Chelsea, 811 00:44:23,040 --> 00:44:28,560 Speaker 1: producer Kathleen Fink, story editor Hannah bial and researcher Shelby Sorels. 812 00:44:29,120 --> 00:44:32,320 Speaker 1: Mixing and sound design are by Jackie Pauley, with additional 813 00:44:32,360 --> 00:44:36,080 Speaker 1: production by Jeff Cleiburn and Connor Hall. The music in 814 00:44:36,120 --> 00:44:40,440 Speaker 1: this production is by three time OSCAR nominated composer Jay Ralph. 815 00:44:40,680 --> 00:44:43,719 Speaker 1: Be sure to follow us on all social media platforms 816 00:44:43,760 --> 00:44:46,960 Speaker 1: at Lava for Good and at Wrongful Conviction. You can 817 00:44:47,000 --> 00:44:50,800 Speaker 1: also follow me on all platforms at Maggie Freeling Wrongful 818 00:44:50,800 --> 00:44:53,600 Speaker 1: Conviction with Maggie Freeling is a production of Lava for 819 00:44:53,680 --> 00:45:06,680 Speaker 1: Good Podcasts in association with Signal Company Number one