1 00:00:04,040 --> 00:00:05,840 Speaker 1: I think we have the best legal system. 2 00:00:05,840 --> 00:00:08,080 Speaker 2: It's just the people that implement it. 3 00:00:08,200 --> 00:00:09,720 Speaker 3: They get lost along the way and. 4 00:00:09,720 --> 00:00:11,480 Speaker 1: Forget what the job really is. 5 00:00:13,080 --> 00:00:15,760 Speaker 2: He just kept on trying to remind me that who 6 00:00:15,840 --> 00:00:19,000 Speaker 2: was in authority, who was in control, and how easy 7 00:00:19,040 --> 00:00:23,320 Speaker 2: it was for my body to be found in any 8 00:00:23,360 --> 00:00:24,720 Speaker 2: alley of New York City. 9 00:00:25,760 --> 00:00:28,440 Speaker 1: It's a tough prison when you have the guards going 10 00:00:28,480 --> 00:00:31,840 Speaker 1: against you because they are the biggest gang in the prison. 11 00:00:33,080 --> 00:00:33,640 Speaker 1: They do that. 12 00:00:33,640 --> 00:00:36,000 Speaker 4: They'll give a guy a life sentence and go home 13 00:00:36,040 --> 00:00:37,520 Speaker 4: in East Spaghetti like it was nothing. 14 00:00:38,920 --> 00:00:41,080 Speaker 2: And anybody that said, well, why would you confess to 15 00:00:41,200 --> 00:00:43,920 Speaker 2: something that you didn't do? My question to them will 16 00:00:43,960 --> 00:00:46,839 Speaker 2: be why wouldn't you confess when somebody's threatening to kill 17 00:00:46,880 --> 00:00:47,280 Speaker 2: your life? 18 00:00:48,760 --> 00:00:51,599 Speaker 3: The judge, he said, how you feel? I said, I'm okay. 19 00:00:51,880 --> 00:00:53,519 Speaker 3: He said, well the day as you're lucky, day you 20 00:00:54,680 --> 00:00:55,120 Speaker 3: go home. 21 00:00:57,800 --> 00:01:16,679 Speaker 1: This is wrongful Conviction. Welcome back to Wrongful Conviction with 22 00:01:16,840 --> 00:01:20,560 Speaker 1: Jason Flomm. Today we have a very special episode. We 23 00:01:20,600 --> 00:01:25,880 Speaker 1: have two fabulous Pennsylvania ladies. Our very special guest is 24 00:01:25,959 --> 00:01:30,480 Speaker 1: Krystal Weimer, who is an ax hoonery from Western Pennsylvania. 25 00:01:31,319 --> 00:01:35,040 Speaker 5: January two thousand and one, someone killed Curtis Hath outside 26 00:01:35,080 --> 00:01:37,920 Speaker 5: his Fayette County home. He had been beaten and shocked 27 00:01:37,959 --> 00:01:41,199 Speaker 5: after being convicted of plotting the murder that spanned three 28 00:01:41,319 --> 00:01:45,000 Speaker 5: towns in Fayette County. Crystal was behind bars for twelve 29 00:01:45,120 --> 00:01:48,320 Speaker 5: years at the time. They said her teeth led. 30 00:01:48,160 --> 00:01:48,600 Speaker 1: Them to her. 31 00:01:49,000 --> 00:01:51,320 Speaker 5: A dental impression was taken over teeth, and they were 32 00:01:51,320 --> 00:01:54,320 Speaker 5: compared to a picture of a bite mark on the 33 00:01:54,400 --> 00:01:58,440 Speaker 5: victim's body, which we're found to be a match. Actually, 34 00:01:58,800 --> 00:02:02,320 Speaker 5: that's not true. Scientific expert who testified to all of 35 00:02:02,360 --> 00:02:06,200 Speaker 5: that in court later said it was junk science and 36 00:02:06,320 --> 00:02:06,960 Speaker 5: he was wrong. 37 00:02:07,200 --> 00:02:11,120 Speaker 6: At today's post conviction relief Act, doctor Constantine car Zulas 38 00:02:11,200 --> 00:02:14,120 Speaker 6: testified that a bitemarked fan on the victim's hand was 39 00:02:14,160 --> 00:02:17,560 Speaker 6: Weimer's due to a bitemark analysis that he now considers 40 00:02:17,560 --> 00:02:21,760 Speaker 6: to be junk science. After doctor Carzulas testified and without 41 00:02:21,800 --> 00:02:25,640 Speaker 6: hearing any further testimony, President Judge John Wagner granted a 42 00:02:25,720 --> 00:02:26,919 Speaker 6: retrial for Wimer. 43 00:02:27,120 --> 00:02:29,640 Speaker 5: It was Crystal who started her own path to freedom, 44 00:02:29,760 --> 00:02:33,480 Speaker 5: acting as her own attorney, filing paperwork. The Pennsylvania Innocence 45 00:02:33,560 --> 00:02:36,600 Speaker 5: Project and the Jones Day Law Firm got involved. They 46 00:02:36,680 --> 00:02:40,560 Speaker 5: found other problems with the police investigation and the prosecution 47 00:02:41,120 --> 00:02:44,440 Speaker 5: and convinced to judge she is not the killer. Weimer's 48 00:02:44,440 --> 00:02:47,400 Speaker 5: attorneys believe the real killer has never been caught. 49 00:02:49,639 --> 00:02:50,960 Speaker 1: Crystal, Welcome to the show. 50 00:02:51,400 --> 00:02:51,800 Speaker 3: Thank you. 51 00:02:51,960 --> 00:02:56,480 Speaker 1: And with Crystal is her fabulous lawyer, Neila M. Sangvie, 52 00:02:56,600 --> 00:02:59,400 Speaker 1: who is the legal director of the Pennsylvania Innists Project, 53 00:02:59,560 --> 00:03:01,960 Speaker 1: and really looking forward to hearing from you and learning 54 00:03:01,960 --> 00:03:04,360 Speaker 1: from the first time we've had some from the Pennsylvanian 55 00:03:04,360 --> 00:03:06,720 Speaker 1: Instance Project on the show. So welcome, Thanks for happy 56 00:03:06,720 --> 00:03:10,680 Speaker 1: to be here. So, Crystal, your story is insane, even 57 00:03:10,760 --> 00:03:15,880 Speaker 1: by our very lofty standards of insanity. Here at wrongful conviction. 58 00:03:16,600 --> 00:03:20,520 Speaker 1: You had the whole pot pirie of causes of wrongful conviction. 59 00:03:20,560 --> 00:03:24,520 Speaker 1: I mean, your case involved false confession by a co defendant, 60 00:03:24,560 --> 00:03:29,560 Speaker 1: It involved police and prosecutoral misconduct. It involved bitemark evidence, 61 00:03:29,600 --> 00:03:33,120 Speaker 1: which we know is put it politely, horseshit right. And 62 00:03:33,200 --> 00:03:38,200 Speaker 1: there's more. It's a fascinating study and terrifying study into 63 00:03:38,400 --> 00:03:41,160 Speaker 1: just how many things can go wrong. So let's go 64 00:03:41,320 --> 00:03:44,600 Speaker 1: back to two thousand and one and even before you 65 00:03:44,640 --> 00:03:47,560 Speaker 1: grew up in Pennsylvania. Yes, and what was that like? 66 00:03:47,600 --> 00:03:49,000 Speaker 1: What was your We always like to spend a few 67 00:03:49,000 --> 00:03:52,720 Speaker 1: minutes talking about what life was like before this catastrophe happened. 68 00:03:53,120 --> 00:03:53,760 Speaker 3: It was good. 69 00:03:53,920 --> 00:03:56,840 Speaker 4: I used to work at a plan in newsday and 70 00:03:57,280 --> 00:04:00,840 Speaker 4: assembling TVs and radios and things of that nature. 71 00:04:01,200 --> 00:04:03,320 Speaker 3: And I was working three on, three. 72 00:04:03,120 --> 00:04:06,920 Speaker 4: Off, two one two off days, twelve hour shifts. I 73 00:04:07,000 --> 00:04:10,320 Speaker 4: was a single mother, raising my children by myself. 74 00:04:10,400 --> 00:04:11,200 Speaker 1: What are their names? 75 00:04:11,560 --> 00:04:16,200 Speaker 4: My oldest is Rose, she was ten, Miranda was seven, 76 00:04:16,760 --> 00:04:20,159 Speaker 4: and the baby was Bridget and she was four. The 77 00:04:20,279 --> 00:04:23,920 Speaker 4: high life of my life was them raising them and 78 00:04:23,960 --> 00:04:27,000 Speaker 4: making sure they were off to school and went to work, 79 00:04:27,040 --> 00:04:30,160 Speaker 4: and was living life on an everyday basis. 80 00:04:30,440 --> 00:04:32,800 Speaker 1: Not an easy life by any stretch, right, working a 81 00:04:32,960 --> 00:04:36,400 Speaker 1: difficult job, but a good job, and still raising three kids. 82 00:04:36,440 --> 00:04:38,839 Speaker 1: And I have so much respect for single moms everywhere 83 00:04:38,960 --> 00:04:41,839 Speaker 1: I see the amount of work that goes into raising children. 84 00:04:41,880 --> 00:04:44,040 Speaker 1: It's incredible. So the idea that you were able to 85 00:04:44,080 --> 00:04:46,919 Speaker 1: hold it together, you know, while working, is really my 86 00:04:46,960 --> 00:04:51,000 Speaker 1: hat's off to you. So how could this have possibly happened? 87 00:04:51,040 --> 00:04:53,880 Speaker 1: How could you sort of, I guess you could call 88 00:04:53,920 --> 00:04:58,520 Speaker 1: a typical American, right, working, raising children, living sort of 89 00:04:58,520 --> 00:05:02,280 Speaker 1: a regular type of place, right, How could you become 90 00:05:02,800 --> 00:05:06,680 Speaker 1: ensnared in this craziest possible situation. 91 00:05:07,160 --> 00:05:10,200 Speaker 4: I don't even have the answers. I don't know how 92 00:05:10,200 --> 00:05:11,839 Speaker 4: to even say how it all began. 93 00:05:12,040 --> 00:05:15,039 Speaker 1: Or let me give some details to the audience and then, Neil, 94 00:05:15,120 --> 00:05:16,800 Speaker 1: if you could jump in any time you want. So, 95 00:05:17,600 --> 00:05:20,599 Speaker 1: this was a case where a guy named Curtis Hayth 96 00:05:20,920 --> 00:05:24,400 Speaker 1: was murdered outside his apartment building around four am on 97 00:05:24,520 --> 00:05:28,640 Speaker 1: January twenty seventh of two thousand and one. And I 98 00:05:28,680 --> 00:05:31,800 Speaker 1: guess the only reason that it even any attention was 99 00:05:31,800 --> 00:05:33,880 Speaker 1: paid to you in the first place was because that 100 00:05:34,120 --> 00:05:36,440 Speaker 1: night you had been at a party with him, right, 101 00:05:36,640 --> 00:05:39,360 Speaker 1: with a lot of other people. Yes, attending a party 102 00:05:39,360 --> 00:05:43,880 Speaker 1: with somebody and murdering them or very different legally. 103 00:05:43,480 --> 00:05:46,159 Speaker 7: Speaking, right, I mean, I think what the police did 104 00:05:46,279 --> 00:05:49,720 Speaker 7: made sense because when this man died, they wanted to know, okay, 105 00:05:49,800 --> 00:05:52,279 Speaker 7: who else saw him, what was he doing? So it 106 00:05:52,320 --> 00:05:54,520 Speaker 7: actually kind of made sense as a starting point for 107 00:05:54,560 --> 00:05:56,839 Speaker 7: the investigation to talk to everybody he'd been with. But 108 00:05:56,880 --> 00:06:00,640 Speaker 7: then obviously things took a wrong turn from that point on. 109 00:06:01,279 --> 00:06:03,480 Speaker 1: Right, So, Crystal, you and a friend had given him 110 00:06:03,520 --> 00:06:05,960 Speaker 1: a ride home from the party around ten o'clock. 111 00:06:05,680 --> 00:06:07,719 Speaker 3: Right, Yeah, it was me and my cousin. 112 00:06:07,800 --> 00:06:10,120 Speaker 1: God could, yes, but then you went back to the party. 113 00:06:10,720 --> 00:06:13,160 Speaker 3: I went back to uniont where I was. 114 00:06:13,560 --> 00:06:16,400 Speaker 1: Right, and he was murdered six hours later or so, 115 00:06:16,880 --> 00:06:19,640 Speaker 1: at four o'clock in the morning. And by that time, 116 00:06:19,720 --> 00:06:22,599 Speaker 1: I'm assuming you were home asleep with your kids. Right, 117 00:06:22,920 --> 00:06:26,080 Speaker 1: So how did this start to go wrong? Because it 118 00:06:26,120 --> 00:06:27,680 Speaker 1: took a long time. I mean, this kid, this was 119 00:06:27,720 --> 00:06:29,600 Speaker 1: a cold case, right, you know? Right? 120 00:06:29,680 --> 00:06:34,040 Speaker 7: They investigated for about a year after mister Hayes murder 121 00:06:34,080 --> 00:06:36,400 Speaker 7: and really didn't have any leads. They questioned Crystal and 122 00:06:36,400 --> 00:06:39,000 Speaker 7: a lot of other people, but didn't really have any leads. 123 00:06:39,000 --> 00:06:40,920 Speaker 7: And then about a year into it, they brought in 124 00:06:40,960 --> 00:06:44,760 Speaker 7: a Pennsylvania State trooper from the Cold Case Squad to 125 00:06:44,800 --> 00:06:47,440 Speaker 7: try to investigate more. Because this is a relatively small 126 00:06:47,480 --> 00:06:50,000 Speaker 7: town and an unsolved Thomas side is kind of big news, 127 00:06:50,520 --> 00:06:52,480 Speaker 7: So they brought in the cold case squad and it's 128 00:06:52,520 --> 00:06:54,960 Speaker 7: at that point that they started looking into the potential 129 00:06:55,080 --> 00:06:58,000 Speaker 7: bitemark evidence that really became a lynchpin of the case 130 00:06:58,040 --> 00:06:59,920 Speaker 7: against Crystal as things went. 131 00:06:59,800 --> 00:07:02,560 Speaker 1: For so the victim had been bitten. 132 00:07:02,440 --> 00:07:04,880 Speaker 7: Well supposedly, we don't based on what we know now, 133 00:07:04,880 --> 00:07:07,200 Speaker 7: are not even sure whether it was a human bitemark. 134 00:07:07,279 --> 00:07:10,240 Speaker 7: There was an oval shaped bruise on the victim's hand 135 00:07:10,440 --> 00:07:13,760 Speaker 7: that was not identified as a bitemark during the autopsy. 136 00:07:14,280 --> 00:07:16,720 Speaker 7: But when this person from the cold case squad came 137 00:07:16,760 --> 00:07:19,280 Speaker 7: in and was looking at the autopsy photographs, she saw 138 00:07:19,320 --> 00:07:21,240 Speaker 7: it and said, well, I think this is a bitemark, 139 00:07:21,280 --> 00:07:24,680 Speaker 7: even though she was not a dentist or an odentologist 140 00:07:24,760 --> 00:07:27,920 Speaker 7: by training, and then started looking at it from that angle. 141 00:07:28,520 --> 00:07:32,520 Speaker 1: So the trained mortician or corner right, the. 142 00:07:32,480 --> 00:07:35,240 Speaker 7: Forensic pathologist right that did the autopsy. 143 00:07:35,160 --> 00:07:37,920 Speaker 1: Wasn't able to see a bitemark and clearly was looking 144 00:07:37,960 --> 00:07:39,480 Speaker 1: for any signs that they could find because it was 145 00:07:39,480 --> 00:07:40,760 Speaker 1: a murder, right right. 146 00:07:40,840 --> 00:07:43,200 Speaker 7: And we looked into this when we were investigating the case. 147 00:07:43,240 --> 00:07:45,200 Speaker 7: What do you look for in an autopsy? And if 148 00:07:45,200 --> 00:07:47,520 Speaker 7: you're a forensic pathologist, bite marks are one of the things, 149 00:07:47,600 --> 00:07:50,000 Speaker 7: even at that time, that you were supposed to look 150 00:07:50,000 --> 00:07:53,040 Speaker 7: for and account for and preserve in a certain way 151 00:07:53,120 --> 00:07:55,200 Speaker 7: if you saw it. And the pathologist did none of 152 00:07:55,200 --> 00:07:56,040 Speaker 7: those things, right. 153 00:07:56,080 --> 00:07:58,560 Speaker 1: So, what I'm trying to wrap myself around here is 154 00:07:58,600 --> 00:08:01,200 Speaker 1: and this is just the first of so many I mean, 155 00:08:01,280 --> 00:08:03,160 Speaker 1: whacky is a weird way to put it, but so 156 00:08:03,160 --> 00:08:05,600 Speaker 1: many whacky things about this case. But I'm trying to 157 00:08:05,600 --> 00:08:08,040 Speaker 1: wrap myself around to the idea that you have a 158 00:08:08,120 --> 00:08:12,800 Speaker 1: trained pathologist forensic pathologist who is examining the body and 159 00:08:12,840 --> 00:08:15,679 Speaker 1: looking with a fine tooth comb or microscope what everyone 160 00:08:15,680 --> 00:08:18,640 Speaker 1: to call it, for any signs of foul play, but 161 00:08:18,800 --> 00:08:22,600 Speaker 1: yet does not see or report anything to do with 162 00:08:22,600 --> 00:08:26,960 Speaker 1: any bite marks. But yet a state trooper. Right, there's 163 00:08:27,080 --> 00:08:29,840 Speaker 1: no training in this area, Right, A lay person is 164 00:08:29,840 --> 00:08:32,240 Speaker 1: going to look at a photograph one dimensional a year 165 00:08:32,320 --> 00:08:35,240 Speaker 1: later and go, I got this. I figured it out 166 00:08:35,400 --> 00:08:38,719 Speaker 1: like some sort of Sherlock Holmes moment and say, oh, 167 00:08:38,760 --> 00:08:41,319 Speaker 1: that's a bite mark. And we know, from having examined 168 00:08:41,400 --> 00:08:45,440 Speaker 1: and uncovered and had to undo cases around the country 169 00:08:45,640 --> 00:08:49,000 Speaker 1: related to bitemark evidence, it is probably the junkiest form 170 00:08:49,040 --> 00:08:51,560 Speaker 1: of science that there is. I mean, there's so many 171 00:08:51,600 --> 00:08:54,719 Speaker 1: cases that we've seen where they don't know whether it's 172 00:08:54,760 --> 00:08:57,720 Speaker 1: a human bitemark, it could be an animal, it could 173 00:08:57,800 --> 00:09:01,960 Speaker 1: be totally something, totally right exactly. So this was the 174 00:09:01,960 --> 00:09:06,040 Speaker 1: beginning of what became a real life nightmare for Crystal. 175 00:09:06,400 --> 00:09:12,239 Speaker 1: So then things start getting really tangled, right, and really complicated, 176 00:09:12,240 --> 00:09:15,600 Speaker 1: because there's a whole cast of characters here that are 177 00:09:15,640 --> 00:09:19,439 Speaker 1: all out for themselves and are all working across purposes 178 00:09:19,480 --> 00:09:23,640 Speaker 1: and all working at trying to well save their own asses, right, right, 179 00:09:23,720 --> 00:09:26,280 Speaker 1: This is where the incentivized witness thing comes into play, right. 180 00:09:26,400 --> 00:09:27,720 Speaker 1: Do you want to talk about that a little. 181 00:09:27,520 --> 00:09:30,200 Speaker 7: Bit now, Yeah, So, the incentivized witnesses in this case, 182 00:09:30,240 --> 00:09:34,560 Speaker 7: it's interesting, actually didn't start even coming forward until Crystal 183 00:09:34,600 --> 00:09:37,680 Speaker 7: had already been arrested and charged with the murder. So 184 00:09:38,480 --> 00:09:40,880 Speaker 7: after this BikeE mark story comes out, they're talking to 185 00:09:40,880 --> 00:09:42,840 Speaker 7: other people and there's a guy in the county jail 186 00:09:42,920 --> 00:09:46,719 Speaker 7: named Joey Stenger who offers to give the police some 187 00:09:46,800 --> 00:09:51,000 Speaker 7: information about Crystal and about this murder, and he's got 188 00:09:51,040 --> 00:09:52,680 Speaker 7: a bunch of charges, so I think he was hoping 189 00:09:52,760 --> 00:09:55,360 Speaker 7: for something, but at this point he wasn't promised anything, 190 00:09:55,400 --> 00:09:58,880 Speaker 7: so it wasn't really incentivized at that point. But he 191 00:09:59,000 --> 00:10:03,600 Speaker 7: essentially confesses to committing the murder and implicates Crystal in 192 00:10:03,640 --> 00:10:06,319 Speaker 7: it with him. So they move forward based on this 193 00:10:06,360 --> 00:10:10,440 Speaker 7: spiite mark evidence, based on this witness Joey Stenger, and 194 00:10:10,520 --> 00:10:14,199 Speaker 7: some other things they had cobbled together. And then years 195 00:10:14,240 --> 00:10:17,280 Speaker 7: after Curtis's deaths in two thousand and four and two 196 00:10:17,280 --> 00:10:19,600 Speaker 7: thousand and five, when Crystal's in the County jail. You 197 00:10:19,640 --> 00:10:23,160 Speaker 7: get other prisoners coming out of the woodwork saying they've 198 00:10:23,200 --> 00:10:27,839 Speaker 7: heard Crystal confess to them, which just seems ludicrous given 199 00:10:27,960 --> 00:10:29,880 Speaker 7: the you know, in particular, the amount of time that 200 00:10:29,920 --> 00:10:33,280 Speaker 7: had passed since the murder, and they, as it turns out, 201 00:10:33,280 --> 00:10:35,880 Speaker 7: we found out much later, we're all asking for deals 202 00:10:36,360 --> 00:10:38,240 Speaker 7: in exchange for implicating Crystal. 203 00:10:38,559 --> 00:10:42,760 Speaker 1: Again, we're supposed to believe that you, in an effort 204 00:10:42,880 --> 00:10:46,520 Speaker 1: to purge your soul, are going up to total strangers 205 00:10:46,960 --> 00:10:50,040 Speaker 1: in the jail and telling each of them your story 206 00:10:50,080 --> 00:10:54,240 Speaker 1: about how you murdered Curtis haythe one night in January 207 00:10:54,480 --> 00:10:55,680 Speaker 1: of two thousand and one. 208 00:10:55,920 --> 00:10:57,920 Speaker 4: Well, the sad part was, I didn't even know a 209 00:10:57,920 --> 00:11:01,760 Speaker 4: lot of the people. I just met them through testimony 210 00:11:01,840 --> 00:11:04,640 Speaker 4: or paperwork and stuff to that nature. I didn't I 211 00:11:04,679 --> 00:11:07,439 Speaker 4: never even met him, like want a face to face basis, 212 00:11:08,160 --> 00:11:10,120 Speaker 4: So I didn't even know who most. 213 00:11:10,000 --> 00:11:10,560 Speaker 3: Of them were. 214 00:11:10,880 --> 00:11:13,600 Speaker 1: So what happened here, it sounds to me like is 215 00:11:14,040 --> 00:11:16,600 Speaker 1: going back fifteen years to when all this stuff was 216 00:11:16,640 --> 00:11:20,360 Speaker 1: taking place. Is that, as we see time and again, 217 00:11:21,040 --> 00:11:25,160 Speaker 1: the police and prosecutor came up with a theory and 218 00:11:25,200 --> 00:11:27,839 Speaker 1: then in the absence of any physical evidence, because it 219 00:11:27,960 --> 00:11:30,240 Speaker 1: wasn't any They had to figure out a way to 220 00:11:30,360 --> 00:11:34,520 Speaker 1: convince a jury that you were this cold blooded killer. 221 00:11:35,080 --> 00:11:38,520 Speaker 1: Did you have prior violent arrests in your past? No, 222 00:11:39,280 --> 00:11:44,640 Speaker 1: you never murdered anybody else, never like it can blow 223 00:11:44,720 --> 00:11:48,000 Speaker 1: up anything record. No, No, you weren't like a You 224 00:11:48,040 --> 00:11:51,480 Speaker 1: weren't like a mugger karthif I's kidding, I mean. 225 00:11:51,360 --> 00:11:53,880 Speaker 3: Like I said, you find sense of humor and all 226 00:11:53,920 --> 00:11:54,920 Speaker 3: this madness. 227 00:11:55,120 --> 00:11:57,960 Speaker 1: I tried to because otherwise it's just too depressing. So yeah, 228 00:11:58,120 --> 00:12:02,240 Speaker 1: they would have had without having gone to these lengths 229 00:12:02,280 --> 00:12:06,120 Speaker 1: that they did to fabricate evidence against you. Very hard 230 00:12:06,120 --> 00:12:08,240 Speaker 1: to imagine that the jury would have convicted you, because 231 00:12:08,280 --> 00:12:11,400 Speaker 1: what would they have said, Here's this woman who was 232 00:12:11,520 --> 00:12:16,240 Speaker 1: raising three children, working a job, respectable citizen, with no 233 00:12:16,400 --> 00:12:20,960 Speaker 1: prior history of violence. One day just up and murdered 234 00:12:21,000 --> 00:12:23,120 Speaker 1: this guy at four o'clock in the morning, and we 235 00:12:23,280 --> 00:12:26,160 Speaker 1: have no evidence to show you, but you should take 236 00:12:26,200 --> 00:12:27,680 Speaker 1: our word for it. That basically would have been the 237 00:12:27,679 --> 00:12:29,280 Speaker 1: case a judgment. I mean, somebody would have thrown that 238 00:12:29,280 --> 00:12:31,040 Speaker 1: thing out. Our jury would have said, they would have 239 00:12:31,040 --> 00:12:32,920 Speaker 1: taken ten minutes and they would have said, this is ridiculous, 240 00:12:32,960 --> 00:12:34,120 Speaker 1: We're going home. Right. 241 00:12:34,160 --> 00:12:36,679 Speaker 7: And actually the charges against Crystal were thrown out the 242 00:12:36,800 --> 00:12:38,719 Speaker 7: very first time they tried to bring them. This is 243 00:12:38,720 --> 00:12:41,240 Speaker 7: when the additional informants and people start coming in, and 244 00:12:41,280 --> 00:12:43,880 Speaker 7: they charged her again, and it was the second time 245 00:12:43,880 --> 00:12:46,920 Speaker 7: that the charges stuck. So what you're saying actually did 246 00:12:47,320 --> 00:12:49,720 Speaker 7: happen essentially the first time around. 247 00:12:50,320 --> 00:12:52,960 Speaker 1: Yes, that's in two thousand and four, right, which is 248 00:12:52,960 --> 00:12:55,720 Speaker 1: already more than three years after the crime was committed. 249 00:12:56,160 --> 00:12:59,480 Speaker 1: The case was dismissed against you because Beale recanted his 250 00:12:59,520 --> 00:13:02,120 Speaker 1: earlier that you the murder, and he refused to testify. 251 00:13:02,320 --> 00:13:05,160 Speaker 4: He was the very first one that recanted. Joey's singer 252 00:13:05,320 --> 00:13:08,360 Speaker 4: was the second one that recanted his statement. So whenever 253 00:13:08,559 --> 00:13:13,560 Speaker 4: Bill recanted, they released me. But they never released me 254 00:13:14,240 --> 00:13:17,960 Speaker 4: because of prejudice. They just released me and the judge 255 00:13:17,960 --> 00:13:21,120 Speaker 4: gave them the option to refel charges against me for 256 00:13:21,200 --> 00:13:24,200 Speaker 4: the second arrest. So I was begging to go back 257 00:13:24,240 --> 00:13:28,240 Speaker 4: to prison, which is absurd, knowing that they were going 258 00:13:28,280 --> 00:13:31,000 Speaker 4: to do this again to me, just to have a 259 00:13:31,040 --> 00:13:33,040 Speaker 4: trial so I didn't have to go through all this 260 00:13:33,160 --> 00:13:34,280 Speaker 4: again the second time. 261 00:13:34,480 --> 00:13:36,880 Speaker 1: And then who's taking care of your children this well. 262 00:13:36,800 --> 00:13:40,160 Speaker 4: My two oldest daughters were with their grandmother. Whenever all 263 00:13:40,240 --> 00:13:43,160 Speaker 4: this took place, she was putting them off to school 264 00:13:43,160 --> 00:13:46,120 Speaker 4: and making sure they were okay. Well that year, whenever 265 00:13:46,160 --> 00:13:49,320 Speaker 4: I got released, I had three different apartments, Like I 266 00:13:49,400 --> 00:13:51,760 Speaker 4: was trying to come out and get myself back together, 267 00:13:51,840 --> 00:13:53,000 Speaker 4: and here they come again. 268 00:13:53,640 --> 00:13:54,920 Speaker 3: It was just crazy. 269 00:13:55,520 --> 00:13:58,679 Speaker 4: So I couldn't get myself together and make sure I 270 00:13:58,800 --> 00:14:01,559 Speaker 4: was taking care of them, not knowing what they were going. 271 00:14:01,559 --> 00:14:02,640 Speaker 3: To do to me again. 272 00:14:03,360 --> 00:14:04,920 Speaker 4: So I wanted to make sure they were in a 273 00:14:04,960 --> 00:14:08,760 Speaker 4: stable environment, which I left them with their grandparents, not 274 00:14:08,880 --> 00:14:11,200 Speaker 4: knowing if they were going to come rearrest me again 275 00:14:11,280 --> 00:14:14,240 Speaker 4: for the second time, or what was going to occur. 276 00:14:15,040 --> 00:14:16,880 Speaker 4: So I wanted them in a safe environment. 277 00:14:17,000 --> 00:14:18,600 Speaker 3: That's why I left them where they were. 278 00:14:19,160 --> 00:14:21,680 Speaker 1: But even still, the idea, I mean, what is that 279 00:14:22,000 --> 00:14:25,000 Speaker 1: like being locked up for something you didn't do and 280 00:14:25,040 --> 00:14:28,080 Speaker 1: then not being able to tuck your kids in or 281 00:14:28,480 --> 00:14:31,080 Speaker 1: read them a story or you know. I mean, especially 282 00:14:31,080 --> 00:14:33,720 Speaker 1: as they're sort of their only parent and as a mom, like, 283 00:14:33,880 --> 00:14:35,880 Speaker 1: how how did you deal with that when you're in prison? 284 00:14:35,880 --> 00:14:37,240 Speaker 1: How did you keep your sanity? 285 00:14:38,000 --> 00:14:39,360 Speaker 3: It was extremely hard. 286 00:14:39,760 --> 00:14:42,920 Speaker 4: I mean, as far as being depressed and crying all 287 00:14:42,960 --> 00:14:46,560 Speaker 4: the time, emotional. I would go see a therapist and 288 00:14:46,680 --> 00:14:49,840 Speaker 4: the counsel all the time. I tried to go to 289 00:14:49,840 --> 00:14:53,400 Speaker 4: a church. It was just so hard on a daily basis. 290 00:14:53,760 --> 00:14:56,920 Speaker 4: A part of you just gone. Your baby's just gone. 291 00:14:57,360 --> 00:14:59,520 Speaker 4: And no words can even describe that feeling. 292 00:15:00,120 --> 00:15:02,960 Speaker 3: That's horrible. That's the worst feeling in the world. Like 293 00:15:03,040 --> 00:15:03,760 Speaker 3: the babies that. 294 00:15:03,760 --> 00:15:06,440 Speaker 4: You bore, that you were supposed to be secure and 295 00:15:06,440 --> 00:15:10,080 Speaker 4: love and neuturing and mom and make sure their needs 296 00:15:10,080 --> 00:15:14,400 Speaker 4: are met and just quality time, security time, just everything 297 00:15:14,560 --> 00:15:19,480 Speaker 4: just being ripped apart and away from Oh, it is 298 00:15:19,560 --> 00:15:23,720 Speaker 4: this horrible, horrible in my heart and my mind, my emotions. 299 00:15:24,200 --> 00:15:26,520 Speaker 4: I don't even know how I cope and dealt with it. 300 00:15:26,640 --> 00:15:27,000 Speaker 3: I just. 301 00:15:28,600 --> 00:15:29,040 Speaker 7: I don't know. 302 00:15:29,120 --> 00:15:31,320 Speaker 4: I just try one day at a time. I just 303 00:15:31,480 --> 00:15:33,360 Speaker 4: kept praying. I didn't know what else to do. But 304 00:15:33,440 --> 00:15:37,240 Speaker 4: it pushed me to be persistent. Knowing I was innocent 305 00:15:37,320 --> 00:15:40,240 Speaker 4: and I was wrong. Then I was coming home, So 306 00:15:40,280 --> 00:15:44,080 Speaker 4: it pushed me even more so to fight and take 307 00:15:44,120 --> 00:15:46,440 Speaker 4: a stand for what I believe in. And I knew 308 00:15:46,440 --> 00:15:48,760 Speaker 4: in my heart I was going to come home. I 309 00:15:48,840 --> 00:15:50,360 Speaker 4: just didn't know when or how long. 310 00:15:50,840 --> 00:15:53,400 Speaker 1: Well I'm getting the chills thinking about this. So you 311 00:15:53,400 --> 00:15:56,560 Speaker 1: were rearrested in September of two thousand and four, and 312 00:15:56,600 --> 00:15:59,400 Speaker 1: you went to trial. Yes, and you were represented by 313 00:15:59,440 --> 00:16:02,160 Speaker 1: a public deffect at the time. Yes, right. They have 314 00:16:02,200 --> 00:16:04,920 Speaker 1: a lot of respect for lawyers in general. But we 315 00:16:04,960 --> 00:16:07,960 Speaker 1: do know that the public defender situation in this country 316 00:16:08,040 --> 00:16:10,240 Speaker 1: is a crisis, nothing less than a crisis. We have 317 00:16:10,880 --> 00:16:14,560 Speaker 1: a situation, I think in every state where they are underpaid, 318 00:16:14,760 --> 00:16:18,680 Speaker 1: they're overburdened, they're overworked. Some of them are incompetent, but 319 00:16:18,800 --> 00:16:21,560 Speaker 1: many of them are very competent, but they have an 320 00:16:21,560 --> 00:16:25,680 Speaker 1: impossible task. So if you're in this situation and don't 321 00:16:25,720 --> 00:16:28,480 Speaker 1: have money to defend yourself, and sometimes even if you do, 322 00:16:29,440 --> 00:16:32,960 Speaker 1: you have really a snowballs chance in hell of getting justice, 323 00:16:33,200 --> 00:16:36,120 Speaker 1: and you now go to trial, it must have seemed 324 00:16:36,160 --> 00:16:36,800 Speaker 1: like a circus. 325 00:16:37,880 --> 00:16:38,920 Speaker 3: It was a circus. 326 00:16:38,960 --> 00:16:41,520 Speaker 4: I was just in awe with all these people coming 327 00:16:41,520 --> 00:16:44,840 Speaker 4: on and stand and testifying, and I was just like, 328 00:16:45,000 --> 00:16:48,480 Speaker 4: what where did this come from? I'm shaking my head 329 00:16:48,480 --> 00:16:49,880 Speaker 4: and looking like wow. 330 00:16:50,320 --> 00:16:52,640 Speaker 1: And Neilon. Not only were they coming in and saying 331 00:16:52,680 --> 00:16:54,960 Speaker 1: a bunch of stuff that wasn't true, but they were 332 00:16:54,960 --> 00:16:58,240 Speaker 1: also changing their lives. There were different lives on different days, 333 00:16:58,360 --> 00:17:01,400 Speaker 1: right from the same person. The stinger guy changed his 334 00:17:01,480 --> 00:17:04,520 Speaker 1: story again and again, I mean doesn't at some point 335 00:17:04,560 --> 00:17:07,640 Speaker 1: somebody go, wait a minute, this guy is totally full 336 00:17:07,680 --> 00:17:10,159 Speaker 1: of shit, right, I mean that forgive my language, but 337 00:17:10,240 --> 00:17:12,640 Speaker 1: I mean he just kept coming up with new lies. 338 00:17:12,920 --> 00:17:15,600 Speaker 7: Yeah. By our account, by the time we got through 339 00:17:15,880 --> 00:17:18,439 Speaker 7: the trial, the post conviction procedure and we're looking at 340 00:17:18,440 --> 00:17:21,959 Speaker 7: a potential new trial, Stanger had given about fifteen different 341 00:17:22,000 --> 00:17:25,800 Speaker 7: accounts of the events, and there were changes every time. 342 00:17:26,160 --> 00:17:30,080 Speaker 7: So you wonder how the jury could believe this guy, 343 00:17:30,119 --> 00:17:32,879 Speaker 7: which they really had to do because he was the 344 00:17:32,920 --> 00:17:36,280 Speaker 7: only evidence that claimed to have firsthand knowledge of Crystal 345 00:17:36,320 --> 00:17:37,439 Speaker 7: being at the scene, which of. 346 00:17:37,440 --> 00:17:38,600 Speaker 5: Course was not true. 347 00:17:38,880 --> 00:17:40,920 Speaker 7: But the jury really had to believe him, and they did, 348 00:17:40,960 --> 00:17:43,040 Speaker 7: which I think just shows you that if it's the 349 00:17:43,080 --> 00:17:46,359 Speaker 7: prosecution putting up the witness, sometimes that's really all you 350 00:17:46,400 --> 00:17:49,160 Speaker 7: need and it doesn't matter that much what they say. 351 00:17:49,920 --> 00:17:52,280 Speaker 1: He admitted that he was coached by the police, right, 352 00:17:52,320 --> 00:17:54,680 Speaker 1: which is again it's a fact. I think most people 353 00:17:54,680 --> 00:17:56,800 Speaker 1: sit there and go, well, that can't happen. That's not allowed. 354 00:17:57,000 --> 00:17:59,359 Speaker 1: And he admitted that the police told him what to say. 355 00:17:59,600 --> 00:18:02,320 Speaker 7: Yeah, he recanted. He said that they fed him the 356 00:18:02,359 --> 00:18:03,920 Speaker 7: information basically. 357 00:18:03,760 --> 00:18:06,960 Speaker 1: Right, And that's done in ways, both subtle and not 358 00:18:07,080 --> 00:18:09,360 Speaker 1: so subtle. Right. You know. The fact is we see 359 00:18:09,680 --> 00:18:14,240 Speaker 1: in so many of these wrongful convictions police that feed 360 00:18:14,359 --> 00:18:18,959 Speaker 1: information either like I said, sort of artfully right by 361 00:18:19,280 --> 00:18:23,119 Speaker 1: in a suggestive in a roundabout way. In this case, 362 00:18:23,240 --> 00:18:26,800 Speaker 1: it was much more blatant. Right, They just told them 363 00:18:26,840 --> 00:18:29,920 Speaker 1: what they wanted him to say. But jury's I mean, 364 00:18:29,920 --> 00:18:31,840 Speaker 1: sometimes they don't hear that. Sometimes they don't know. If 365 00:18:31,880 --> 00:18:34,600 Speaker 1: it's not videotape, it should be. Videotips should always be videotaped. 366 00:18:34,600 --> 00:18:37,639 Speaker 1: That's one of the things we are working so hard 367 00:18:37,680 --> 00:18:40,720 Speaker 1: on at innocence projects around the country, especially one in 368 00:18:40,760 --> 00:18:45,159 Speaker 1: New York as the mandatory videotaping of interrogation. Strangely enough, 369 00:18:45,200 --> 00:18:46,359 Speaker 1: New York State doesn't have it. 370 00:18:46,520 --> 00:18:48,560 Speaker 7: Yeah, in Pennsylvania we don't have it. A couple of 371 00:18:48,560 --> 00:18:51,080 Speaker 7: counties have started doing it just within the last. 372 00:18:50,880 --> 00:18:51,400 Speaker 4: Year or so. 373 00:18:52,160 --> 00:18:55,480 Speaker 7: In this case, it's interesting one of Joey's statements to 374 00:18:55,600 --> 00:18:59,040 Speaker 7: police was videotaped, but they didn't start the tape until 375 00:18:59,080 --> 00:19:01,400 Speaker 7: after they'd alreadyn talked tucking him for a few hours, 376 00:19:01,440 --> 00:19:03,840 Speaker 7: So by the time he's on the tape, there's a 377 00:19:03,920 --> 00:19:08,520 Speaker 7: relatively for lack of a better word, canned story coming 378 00:19:08,640 --> 00:19:11,120 Speaker 7: from him, so we didn't get to see what went 379 00:19:11,160 --> 00:19:12,880 Speaker 7: into it, which really you want to see the whole 380 00:19:12,880 --> 00:19:14,680 Speaker 7: thing obviously, to see how it unfolded. 381 00:19:14,880 --> 00:19:16,520 Speaker 1: Okay, so let me go to my soapbox here for 382 00:19:16,520 --> 00:19:18,960 Speaker 1: a second. So, Crystal, one of the reasons that I'm 383 00:19:19,000 --> 00:19:23,520 Speaker 1: so happier here is because you literally represent everybody in America. 384 00:19:23,600 --> 00:19:26,440 Speaker 1: I mean, I think it's fair to say that if 385 00:19:26,440 --> 00:19:28,200 Speaker 1: this could happen to you, it could happen to anyone, 386 00:19:28,520 --> 00:19:31,880 Speaker 1: because you just don't fit the profile of somebody who 387 00:19:31,880 --> 00:19:33,679 Speaker 1: would get picked up, you know. And I think there 388 00:19:33,680 --> 00:19:35,800 Speaker 1: are some people who say, well, they must have been 389 00:19:35,840 --> 00:19:38,160 Speaker 1: involved with something else, And people have this different attitudes 390 00:19:38,200 --> 00:19:41,560 Speaker 1: about exonnaies. We know that half of our exanneries had 391 00:19:41,600 --> 00:19:44,880 Speaker 1: no prior record before they were wrongfully arrested and convicted. 392 00:19:45,400 --> 00:19:49,119 Speaker 1: But the fact is that everyone should be concerned and 393 00:19:49,119 --> 00:19:51,919 Speaker 1: everyone should be angry as I am now at the 394 00:19:52,000 --> 00:19:56,520 Speaker 1: idea that we don't have mandatory videotaping of interrogations. It 395 00:19:56,640 --> 00:20:01,960 Speaker 1: is preposterous. What could possibly be the reason why we 396 00:20:02,000 --> 00:20:04,280 Speaker 1: wouldn't want to be able to see what goes on 397 00:20:04,840 --> 00:20:09,719 Speaker 1: inside that interrogation room and know that the person is 398 00:20:09,840 --> 00:20:13,520 Speaker 1: actually the right person. Right. None of us want murderers 399 00:20:13,560 --> 00:20:17,520 Speaker 1: walking the streets. But the idea that we forget as 400 00:20:17,520 --> 00:20:22,199 Speaker 1: a society upon basically arrest and certainly upon incarceration, we 401 00:20:22,280 --> 00:20:25,040 Speaker 1: forget that you are one of us. Right, You're an American, 402 00:20:25,200 --> 00:20:27,800 Speaker 1: you're a person, you're a human, you're a woman. All 403 00:20:27,800 --> 00:20:30,840 Speaker 1: that's gone out the window. You're just somebody to be 404 00:20:31,200 --> 00:20:34,040 Speaker 1: chewed up and spit out by the system once you're 405 00:20:34,080 --> 00:20:37,520 Speaker 1: in it. And I don't get that. I don't. I don't. 406 00:20:37,760 --> 00:20:40,359 Speaker 1: I'm not okay with it, and I'm going to continue 407 00:20:40,359 --> 00:20:42,000 Speaker 1: to do everything I can fix it. Okay, So I'm 408 00:20:42,000 --> 00:20:56,639 Speaker 1: gonna get off myself bucks now. So Anyway, when you 409 00:20:56,680 --> 00:21:00,800 Speaker 1: were a trial and you're watching this crazy circus unfold 410 00:21:00,840 --> 00:21:04,520 Speaker 1: in front of you and you're unfortunately stuck in the 411 00:21:04,560 --> 00:21:07,600 Speaker 1: middle of it, did you think that this was still 412 00:21:07,640 --> 00:21:09,840 Speaker 1: going to be okay, that the jury was gonna make 413 00:21:09,880 --> 00:21:11,560 Speaker 1: the right decision, that you were going to go home. 414 00:21:11,960 --> 00:21:14,119 Speaker 3: I believed in my heart that the tchurth was gonna 415 00:21:14,160 --> 00:21:17,080 Speaker 3: send me for it. I was confident. I felt really 416 00:21:17,080 --> 00:21:18,639 Speaker 3: good about everything. 417 00:21:18,280 --> 00:21:21,960 Speaker 4: And I knew that I was innocent, So I felt 418 00:21:22,320 --> 00:21:23,639 Speaker 4: like I was going to walk out. 419 00:21:23,480 --> 00:21:25,800 Speaker 3: That courtroom and go home where I should have been. 420 00:21:26,480 --> 00:21:28,359 Speaker 3: But when they came back and. 421 00:21:28,280 --> 00:21:31,680 Speaker 4: After they gave the verdict it was guilty, guilty, guilty. 422 00:21:31,800 --> 00:21:34,600 Speaker 4: I was just an awe, Like what where did that 423 00:21:34,640 --> 00:21:35,280 Speaker 4: come from? 424 00:21:35,680 --> 00:21:39,080 Speaker 1: Can you describe that scene? Because nobody can imagine going 425 00:21:39,080 --> 00:21:42,879 Speaker 1: through that, like the pressure of being in that situation 426 00:21:43,119 --> 00:21:45,280 Speaker 1: and the idea that they're coming back in and they're 427 00:21:45,320 --> 00:21:48,600 Speaker 1: going to decide your fate literally with a life in 428 00:21:48,640 --> 00:21:51,200 Speaker 1: that situation, and so how it was a. 429 00:21:51,200 --> 00:21:54,440 Speaker 4: Murder charge to at that and I'm like, what what 430 00:21:54,600 --> 00:21:58,040 Speaker 4: are we talking about? Like a murder trial? And then 431 00:21:58,080 --> 00:22:00,520 Speaker 4: you're sitting there and you're waiting for all leads people 432 00:22:00,600 --> 00:22:02,840 Speaker 4: to decide your future. 433 00:22:03,040 --> 00:22:07,040 Speaker 3: What's going to happen to you? It just it's like. 434 00:22:07,480 --> 00:22:10,760 Speaker 4: Your heart wants to stop, like your throat and everything. 435 00:22:10,960 --> 00:22:15,160 Speaker 4: Everything's just like ah, you want to scream and it's 436 00:22:15,240 --> 00:22:18,680 Speaker 4: just like all bottled inside of you because you don't 437 00:22:18,720 --> 00:22:20,600 Speaker 4: know what they're going to say. But yet on the 438 00:22:20,720 --> 00:22:24,040 Speaker 4: same note, on the good side of your head, you're like, oh, 439 00:22:24,080 --> 00:22:26,920 Speaker 4: well you're fine, you're getting ready to go home, and hey, 440 00:22:27,119 --> 00:22:31,679 Speaker 4: you're happy. But then there's another side like what's going 441 00:22:31,760 --> 00:22:36,440 Speaker 4: to happen? So it's like a mixed emotion thing going 442 00:22:36,520 --> 00:22:39,600 Speaker 4: on inside of you, just waiting to hear what they say, 443 00:22:39,760 --> 00:22:41,520 Speaker 4: guilty or not guilty. 444 00:22:41,280 --> 00:22:43,320 Speaker 1: And imagine that. So I mean and I think that 445 00:22:43,440 --> 00:22:46,920 Speaker 1: people again have a tendency to be able to distance 446 00:22:47,000 --> 00:22:51,240 Speaker 1: themselves when they're serving on a jewelry from that emotion 447 00:22:51,440 --> 00:22:53,960 Speaker 1: from that person that is sitting in front of them, 448 00:22:54,400 --> 00:22:57,960 Speaker 1: And they have a tendency to trust the system and 449 00:22:58,000 --> 00:23:00,320 Speaker 1: want to believe people in positions of authority who are 450 00:23:00,320 --> 00:23:03,879 Speaker 1: telling them this woman is a murderer, she's terrible, she's 451 00:23:04,280 --> 00:23:06,960 Speaker 1: all these things they're saying about you, right, And I 452 00:23:06,960 --> 00:23:10,080 Speaker 1: always say that people have to take an extra hard 453 00:23:10,160 --> 00:23:12,800 Speaker 1: look at what's being shown to them when they're on 454 00:23:12,840 --> 00:23:16,120 Speaker 1: that jury and realize that there's a lot of bad 455 00:23:16,160 --> 00:23:18,080 Speaker 1: actors in the system, there's a lot of good ones, 456 00:23:18,119 --> 00:23:19,760 Speaker 1: there's a lot of bad actors in the system, and 457 00:23:19,800 --> 00:23:21,880 Speaker 1: that people like you get caught up in the crosshairs, 458 00:23:21,920 --> 00:23:24,400 Speaker 1: and that in fact, those roles could be reversed one day. 459 00:23:24,600 --> 00:23:25,680 Speaker 3: I highly believe that. 460 00:23:25,800 --> 00:23:29,320 Speaker 4: I believe that them being in the position that they're in, 461 00:23:29,960 --> 00:23:34,240 Speaker 4: some people have more heartfelt and are educated in that area, 462 00:23:34,480 --> 00:23:37,680 Speaker 4: but they also need to be mindful as well, that 463 00:23:38,040 --> 00:23:41,760 Speaker 4: it's not always good, The system isn't always for you, 464 00:23:42,280 --> 00:23:44,959 Speaker 4: and there is people out there that do corruption and 465 00:23:45,000 --> 00:23:47,080 Speaker 4: do do bad things and harmful things. 466 00:23:47,320 --> 00:23:49,480 Speaker 1: How about this logic, right, So, if you're on a jury, 467 00:23:49,480 --> 00:23:52,120 Speaker 1: and especially in a small town like yours, right, and 468 00:23:52,560 --> 00:23:56,880 Speaker 1: you actually are witnessing and unfortunately playing an unwitting part 469 00:23:57,040 --> 00:24:01,600 Speaker 1: in a terrible deception and a prosecution, not only are 470 00:24:01,600 --> 00:24:04,119 Speaker 1: you then subject to being victimized by the actual murder 471 00:24:04,119 --> 00:24:06,959 Speaker 1: who's still walking in the streets, but also those people, 472 00:24:07,119 --> 00:24:11,760 Speaker 1: those the farious, corrupt people, police and prosecutors who are 473 00:24:12,000 --> 00:24:14,879 Speaker 1: perpetrating this terrible act on you and in fact on 474 00:24:14,920 --> 00:24:18,000 Speaker 1: the public while I'm going to do it again because 475 00:24:18,040 --> 00:24:19,840 Speaker 1: it's convenient, they get away with it, and that could 476 00:24:19,880 --> 00:24:22,720 Speaker 1: be you, dur number seven sitting in the jury box. 477 00:24:22,800 --> 00:24:25,199 Speaker 1: That could be you or somebody you love right that 478 00:24:25,280 --> 00:24:26,960 Speaker 1: next time could get caught up just because they can't 479 00:24:27,000 --> 00:24:28,960 Speaker 1: solve the case and they need they need somebody because 480 00:24:28,960 --> 00:24:30,680 Speaker 1: they need to get it off their desk, and they 481 00:24:30,680 --> 00:24:32,560 Speaker 1: want to keep moving up the ranks. And we see 482 00:24:32,560 --> 00:24:34,600 Speaker 1: that people get promoted even when it's exposed that they 483 00:24:34,640 --> 00:24:38,520 Speaker 1: were responsible to these wrongflmakers. So you get found guilty 484 00:24:38,560 --> 00:24:41,159 Speaker 1: and the worst moment of your life, I'm assuming, right. 485 00:24:41,320 --> 00:24:45,480 Speaker 4: Sh Yeah, it was a shock. It was just unbelievable. 486 00:24:45,880 --> 00:24:49,199 Speaker 1: And then you get taken away in handcuffs, yeah, and 487 00:24:49,280 --> 00:24:52,840 Speaker 1: taken to well back to jail, but then ultimately to prison. 488 00:24:52,920 --> 00:24:53,080 Speaker 6: Right. 489 00:24:53,320 --> 00:24:53,560 Speaker 3: Yeah. 490 00:24:53,600 --> 00:24:56,480 Speaker 4: Well they had to escort like my sister out of 491 00:24:56,480 --> 00:24:58,800 Speaker 4: the court room because my dad, he had to walk 492 00:24:58,840 --> 00:25:01,679 Speaker 4: out and calm her down, because she was with me 493 00:25:01,840 --> 00:25:04,800 Speaker 4: that night. And of course your sister can lie for you, 494 00:25:05,240 --> 00:25:07,800 Speaker 4: but there's the difference whenever you see her with your 495 00:25:07,840 --> 00:25:13,479 Speaker 4: own eyes with you. So she was so determined to 496 00:25:13,880 --> 00:25:16,360 Speaker 4: try to help me, to get me to the truth, 497 00:25:17,040 --> 00:25:20,800 Speaker 4: to give me freed, and when they say guilty, she 498 00:25:21,080 --> 00:25:24,760 Speaker 4: just like it was just a mess in that whole 499 00:25:24,800 --> 00:25:25,680 Speaker 4: courtroom that day. 500 00:25:26,000 --> 00:25:29,080 Speaker 1: Right, that's a crazy thing because for her, I I'm 501 00:25:29,080 --> 00:25:31,160 Speaker 1: just trying to put myself in her shoes, and you're 502 00:25:31,200 --> 00:25:34,280 Speaker 1: sitting there going, not only do I believe that my sister, 503 00:25:34,480 --> 00:25:37,199 Speaker 1: my son, whatever it is, is innocent. She knew you 504 00:25:37,240 --> 00:25:39,480 Speaker 1: were right, right, I Mean, you can't be in two 505 00:25:39,480 --> 00:25:40,240 Speaker 1: places at once. 506 00:25:40,520 --> 00:25:43,359 Speaker 4: That's why she was like so determined. She was like, 507 00:25:43,480 --> 00:25:45,520 Speaker 4: I'm not going to give up fighting for you. I'm 508 00:25:45,560 --> 00:25:47,760 Speaker 4: going to do everything in my willpower just to get 509 00:25:47,760 --> 00:25:50,760 Speaker 4: you freed. There's no reason why they should have did 510 00:25:50,800 --> 00:25:54,879 Speaker 4: this to you. It was just like she was mindset 511 00:25:55,280 --> 00:25:58,240 Speaker 4: and of course like yeah, your family, my tell. 512 00:25:58,119 --> 00:25:59,919 Speaker 3: Little fib or little story here or there. 513 00:26:00,320 --> 00:26:03,200 Speaker 4: But whenever you know with that is shadow of doubt 514 00:26:03,480 --> 00:26:08,320 Speaker 4: with your own personal wise, and it's a total different story. 515 00:26:08,520 --> 00:26:11,439 Speaker 1: What can you tell us about the experience that you 516 00:26:11,520 --> 00:26:14,840 Speaker 1: had in prison? Was every day the same? Were there 517 00:26:14,920 --> 00:26:18,080 Speaker 1: any bright spots? Was there somebody that inspired you? Just 518 00:26:18,119 --> 00:26:19,760 Speaker 1: give us a sense of what that was like. 519 00:26:20,840 --> 00:26:22,200 Speaker 3: It was really difficult. 520 00:26:22,320 --> 00:26:24,440 Speaker 4: Like whenever I first went in, there was only five 521 00:26:24,520 --> 00:26:31,679 Speaker 4: hundred and maybe five eighty individuals women incarcerated. Towards the 522 00:26:31,880 --> 00:26:35,000 Speaker 4: end there was over like twelve hundred women, so the 523 00:26:35,040 --> 00:26:40,600 Speaker 4: prison population increased like over half. As far as survival, 524 00:26:40,760 --> 00:26:43,800 Speaker 4: on an everyday basis, I would have a routine. I 525 00:26:43,840 --> 00:26:46,760 Speaker 4: would try to walk, jall, go to the yard a lot. 526 00:26:47,520 --> 00:26:50,840 Speaker 4: There was a lot of spiritual churches and services. I 527 00:26:50,880 --> 00:26:53,800 Speaker 4: would always go to them to try to help me 528 00:26:53,840 --> 00:26:56,320 Speaker 4: to get through it all. There was people that would 529 00:26:56,480 --> 00:27:01,000 Speaker 4: visit me through the prison society. They would come and 530 00:27:01,040 --> 00:27:03,840 Speaker 4: see me. They were like men and nights. They would 531 00:27:03,840 --> 00:27:06,679 Speaker 4: come and visit me. That helped and inspired me as well. 532 00:27:07,000 --> 00:27:10,200 Speaker 4: There was definitely support as far as church and stuff 533 00:27:10,240 --> 00:27:15,040 Speaker 4: like that, but it's just hard being surrounded by people 534 00:27:15,240 --> 00:27:18,280 Speaker 4: from all different nationalities cult roles. 535 00:27:18,840 --> 00:27:20,359 Speaker 3: You just don't know these people. 536 00:27:20,440 --> 00:27:24,800 Speaker 4: They're just strangers and you're just thrown in this cell 537 00:27:25,400 --> 00:27:29,520 Speaker 4: with these different people. But you do grow close to 538 00:27:29,640 --> 00:27:32,359 Speaker 4: some of the individuals and you really find out who 539 00:27:32,760 --> 00:27:36,600 Speaker 4: is loyal and who is really honest and genuine and 540 00:27:36,840 --> 00:27:41,119 Speaker 4: every person an individual would find like their sense of 541 00:27:41,320 --> 00:27:44,399 Speaker 4: group and they're fitting in and belonging. That's all I 542 00:27:44,400 --> 00:27:46,919 Speaker 4: could do, just on a daily basis, just try to 543 00:27:46,960 --> 00:27:51,879 Speaker 4: maintain and journal and keep myself mentally going. 544 00:27:52,440 --> 00:27:56,560 Speaker 1: Well, it's remarkable and of all my respect for having 545 00:27:56,760 --> 00:27:59,119 Speaker 1: persevered through this and actually found a way out, And 546 00:27:59,160 --> 00:28:01,840 Speaker 1: I want to get to that now. How did the 547 00:28:02,040 --> 00:28:05,520 Speaker 1: Pennsylvania Innocence Project first hear about the case? Why did 548 00:28:05,600 --> 00:28:07,840 Speaker 1: you decide to take this particular case, and how did 549 00:28:07,840 --> 00:28:10,960 Speaker 1: you unravel this web of lies and deceit? 550 00:28:11,480 --> 00:28:13,679 Speaker 7: So Crystal wrote to us, that's how we get all 551 00:28:13,680 --> 00:28:15,439 Speaker 7: of our cases. We won't even start to look at 552 00:28:15,440 --> 00:28:17,320 Speaker 7: a case until a person writes us a letter. So 553 00:28:17,359 --> 00:28:21,480 Speaker 7: that's how she first got into our process, and Crystal's 554 00:28:21,520 --> 00:28:23,679 Speaker 7: letters were really compelling, you know, going back to what 555 00:28:23,720 --> 00:28:26,520 Speaker 7: we were talking about earlier with her being a single mom. 556 00:28:26,800 --> 00:28:29,760 Speaker 7: A refrain in all of her letters was I'm single 557 00:28:29,800 --> 00:28:31,560 Speaker 7: mom of three girls and I just want to get 558 00:28:31,560 --> 00:28:34,679 Speaker 7: home to them, which doesn't speak to innocence necessarily, but 559 00:28:34,760 --> 00:28:38,040 Speaker 7: it was really personally compelling. So she went through our 560 00:28:38,080 --> 00:28:42,560 Speaker 7: review process, which takes years. She was sometimes patient, sometimes 561 00:28:42,600 --> 00:28:46,680 Speaker 7: not with that, but we really vet the cases through 562 00:28:46,680 --> 00:28:47,920 Speaker 7: a multi step process. 563 00:28:47,960 --> 00:28:49,000 Speaker 3: We read every piece. 564 00:28:48,840 --> 00:28:51,880 Speaker 7: Of paper we could find, every trial transcript, We talked 565 00:28:51,880 --> 00:28:54,520 Speaker 7: to prior lawyers, we meet with the with the person 566 00:28:54,560 --> 00:28:58,000 Speaker 7: to really assure ourselves this is an innocence case. And 567 00:28:58,120 --> 00:29:01,160 Speaker 7: just from you know, talking, you've seen how complicated Crystal's 568 00:29:01,160 --> 00:29:03,320 Speaker 7: case was. So it took us a long time to 569 00:29:03,360 --> 00:29:05,880 Speaker 7: try to even figure out what the heck was the 570 00:29:05,920 --> 00:29:10,160 Speaker 7: prosecution's theory, what the heck actually may have happened, Who 571 00:29:10,200 --> 00:29:13,000 Speaker 7: are all these players. There's so many different strands to 572 00:29:13,040 --> 00:29:14,880 Speaker 7: it that it took a lot of time just to 573 00:29:14,880 --> 00:29:18,040 Speaker 7: figure out what a coherent narrative of the case might 574 00:29:18,040 --> 00:29:20,400 Speaker 7: have been. But Crystal really did a lot of the 575 00:29:20,440 --> 00:29:24,320 Speaker 7: work herself. She lost her first couple of state court appeals, 576 00:29:24,840 --> 00:29:26,840 Speaker 7: and so she went to federal court on her own 577 00:29:27,560 --> 00:29:28,880 Speaker 7: to ask for a new trial. 578 00:29:28,960 --> 00:29:30,760 Speaker 3: There after, she'd already. 579 00:29:30,520 --> 00:29:33,320 Speaker 7: Written to us and we were reviewing the case, and 580 00:29:33,600 --> 00:29:36,320 Speaker 7: the federal judge appointed a lawyer for her from the 581 00:29:36,360 --> 00:29:41,560 Speaker 7: Federal Defender's Office in Western Pennsylvania, and they started investigating 582 00:29:41,560 --> 00:29:44,760 Speaker 7: the case. They talked to Joey Stenger. He recanted his 583 00:29:44,800 --> 00:29:47,600 Speaker 7: testimony and said everything he said was a lie. They 584 00:29:47,680 --> 00:29:49,680 Speaker 7: knew we were looking at the case, and they knew 585 00:29:49,720 --> 00:29:52,000 Speaker 7: we'd have to go back to state court. So we 586 00:29:52,080 --> 00:29:54,440 Speaker 7: ended up partnering together with them, and that's when we 587 00:29:54,480 --> 00:29:58,640 Speaker 7: really started getting actively involved and representing Crystal because we 588 00:29:58,760 --> 00:30:01,600 Speaker 7: determined by that point it was an innocent's case. She 589 00:30:01,640 --> 00:30:04,640 Speaker 7: met all of our criteria. So we started working together 590 00:30:04,680 --> 00:30:09,240 Speaker 7: with the federal lawyers and developed more about what was 591 00:30:09,280 --> 00:30:12,880 Speaker 7: wrong with Stenger's testimony. We went back with them and 592 00:30:12,920 --> 00:30:15,200 Speaker 7: then again on our own to interview this dentist that 593 00:30:15,240 --> 00:30:17,760 Speaker 7: had testified against her, claiming she bit the victim, and 594 00:30:17,800 --> 00:30:21,080 Speaker 7: he said everything he'd said at trial was complete junk 595 00:30:21,240 --> 00:30:25,120 Speaker 7: based on advancements in the field since then. So we 596 00:30:25,200 --> 00:30:27,720 Speaker 7: went through every piece of evidence that they put on 597 00:30:27,800 --> 00:30:30,160 Speaker 7: and tried to see was there any validity to it, 598 00:30:30,240 --> 00:30:33,040 Speaker 7: and it turned out we could debunk every single piece 599 00:30:33,040 --> 00:30:34,800 Speaker 7: of it, and so we went back into state court 600 00:30:34,920 --> 00:30:36,840 Speaker 7: based on that task for a new trial. 601 00:30:37,120 --> 00:30:38,920 Speaker 1: And I want to just take a second here to say, 602 00:30:38,960 --> 00:30:41,719 Speaker 1: you know, you mentioned something very important, which is the 603 00:30:41,960 --> 00:30:45,320 Speaker 1: length of time it takes for the Pennsylvanians, this project, 604 00:30:45,400 --> 00:30:47,160 Speaker 1: or anything in this project to get to these cases. 605 00:30:47,440 --> 00:30:49,800 Speaker 1: And that's why it's so important that people who are 606 00:30:49,800 --> 00:30:52,960 Speaker 1: listening out there donate money. I mean, time is great too, 607 00:30:53,000 --> 00:30:56,600 Speaker 1: but money is important because very simply if you donate 608 00:30:56,680 --> 00:30:59,520 Speaker 1: to the Pennsylvanian Project, what is the website, by the way, 609 00:31:00,120 --> 00:31:04,800 Speaker 1: projectpa dot org, Innocence projectpa dot org, because then they 610 00:31:04,840 --> 00:31:09,000 Speaker 1: can hire more lawyer lawyers or lawyers or paralegals, more 611 00:31:09,480 --> 00:31:12,160 Speaker 1: more office space for students law students to come in 612 00:31:12,520 --> 00:31:15,960 Speaker 1: and take more cases like crystals in a more expeditious 613 00:31:16,000 --> 00:31:19,280 Speaker 1: manner and get more innocent people out because unfortunately, we 614 00:31:19,320 --> 00:31:21,840 Speaker 1: know from the best social science estimates that over one 615 00:31:21,880 --> 00:31:24,480 Speaker 1: hundred thousand people in President of America are innocent, and 616 00:31:25,240 --> 00:31:26,840 Speaker 1: that's a lot. And every one of those hundred thousand 617 00:31:26,880 --> 00:31:29,800 Speaker 1: people has a story, not all as crazy as crystals, 618 00:31:30,120 --> 00:31:32,040 Speaker 1: but they all have a story, and they all have families, 619 00:31:32,040 --> 00:31:34,080 Speaker 1: and they all have hopes and dreams that are being 620 00:31:34,360 --> 00:31:37,640 Speaker 1: taken away from them. So yes, donate Innocence PROJECTPA dot org. 621 00:31:48,880 --> 00:31:51,080 Speaker 1: So now things have gone full circle. You went from 622 00:31:51,160 --> 00:31:54,800 Speaker 1: hitting the jackpot of all the causes of wrongful conviction, 623 00:31:54,880 --> 00:31:56,400 Speaker 1: not all of them, but so many of the causes 624 00:31:56,400 --> 00:31:58,959 Speaker 1: of wrongful convictions. It went from that to having this 625 00:31:59,080 --> 00:32:03,920 Speaker 1: wonderful team of lawyers representing you and to having them 626 00:32:04,280 --> 00:32:08,200 Speaker 1: not just debunk one theory of the prosecution, but all 627 00:32:08,240 --> 00:32:11,120 Speaker 1: of them. Right, I mean, that's that's pretty unusual too. 628 00:32:11,160 --> 00:32:13,040 Speaker 1: I mean to be able to come back at the 629 00:32:13,080 --> 00:32:16,080 Speaker 1: court and go, not only was this piece of evidence wrong, 630 00:32:16,240 --> 00:32:18,440 Speaker 1: it's all wrong and we could prove it. And I 631 00:32:18,480 --> 00:32:20,880 Speaker 1: see you starting to break out in a big, warm 632 00:32:20,920 --> 00:32:24,040 Speaker 1: smile there thinking about it, because, Yeah, how incredible is 633 00:32:24,080 --> 00:32:24,800 Speaker 1: that victory? 634 00:32:24,960 --> 00:32:28,800 Speaker 4: Yeah, after fighting all the years and being persistent and 635 00:32:29,240 --> 00:32:33,040 Speaker 4: just getting turned down States, Superior, State, Supreme and just 636 00:32:33,120 --> 00:32:37,200 Speaker 4: all these different nos and just fighting and just keep going. 637 00:32:37,360 --> 00:32:40,800 Speaker 1: So you go back to court feeling very confident. 638 00:32:40,840 --> 00:32:43,840 Speaker 7: I guess right, you know, we felt pretty confident. And 639 00:32:44,040 --> 00:32:46,760 Speaker 7: Crystal Bay this point had the Federal Defender's office. She 640 00:32:46,880 --> 00:32:49,320 Speaker 7: had every attorney in my office, which at that point 641 00:32:49,360 --> 00:32:52,280 Speaker 7: was just three were not very big, and also this 642 00:32:52,480 --> 00:32:54,760 Speaker 7: private team of lawyers from the Jones Day Law firm. 643 00:32:54,840 --> 00:32:57,200 Speaker 7: So we felt like we had put together the best 644 00:32:57,240 --> 00:33:00,440 Speaker 7: case we possibly could. So we felt confident, and we 645 00:33:00,440 --> 00:33:03,080 Speaker 7: were prepared to put on a three or four day 646 00:33:03,160 --> 00:33:07,800 Speaker 7: hearing with multiple pieces of evidence witnesses. But in Pennsylvania 647 00:33:07,880 --> 00:33:10,800 Speaker 7: we have one of the most restrictive post conviction laws 648 00:33:10,800 --> 00:33:13,520 Speaker 7: in the country. So we had put together, we thought 649 00:33:13,640 --> 00:33:18,240 Speaker 7: the strongest case we could. We were nervous because in Pennsylvania, 650 00:33:18,320 --> 00:33:20,720 Speaker 7: the judge can't even listen to your request for a 651 00:33:20,720 --> 00:33:24,080 Speaker 7: new trial, can't even hear those witnesses if he determines 652 00:33:24,080 --> 00:33:26,880 Speaker 7: that you didn't file your petition on time. So the 653 00:33:26,960 --> 00:33:29,280 Speaker 7: das always argue like, well, this is great, you have 654 00:33:29,280 --> 00:33:31,200 Speaker 7: all this new evidence. You should have found it sooner. 655 00:33:31,240 --> 00:33:34,400 Speaker 7: You're too late. Doesn't matter what the evidence is, and 656 00:33:34,440 --> 00:33:37,360 Speaker 7: we were really worried about that aspect, whether we could 657 00:33:37,360 --> 00:33:40,160 Speaker 7: even get over that initial hurdle and have the judge 658 00:33:40,160 --> 00:33:42,600 Speaker 7: listen to what we had to say. So we were 659 00:33:42,600 --> 00:33:44,840 Speaker 7: confident on the one hand, but we also knew the 660 00:33:44,920 --> 00:33:47,640 Speaker 7: legal landscape that we were facing is incredibly tough. 661 00:33:48,040 --> 00:33:49,800 Speaker 1: How do you feel about that? By the way, neither 662 00:33:49,800 --> 00:33:51,440 Speaker 1: one of you can answer this. The idea that it's 663 00:33:51,480 --> 00:33:53,760 Speaker 1: I guess it's called the sunset clause, right, The idea 664 00:33:53,800 --> 00:33:57,920 Speaker 1: that the courts can say, well, sorry but or not 665 00:33:57,960 --> 00:34:00,760 Speaker 1: even sorry, but you know what, you may be innocent, 666 00:34:00,800 --> 00:34:03,600 Speaker 1: but we don't care because you didn't get the s 667 00:34:03,720 --> 00:34:05,800 Speaker 1: you didn't get the information to us on time. I mean, 668 00:34:07,080 --> 00:34:09,439 Speaker 1: it's like the Twilight Zone, right, I mean, how can 669 00:34:09,520 --> 00:34:11,080 Speaker 1: that be personally? 670 00:34:11,320 --> 00:34:14,640 Speaker 4: I think sometimes the system just wants to wrap cases up. 671 00:34:15,120 --> 00:34:17,319 Speaker 4: They don't care if it's right, if it's wrong, if 672 00:34:17,320 --> 00:34:21,400 Speaker 4: it's indifferent, if it's personal, if it's biased. Not always, 673 00:34:21,840 --> 00:34:24,239 Speaker 4: but a lot of times, when they get in this 674 00:34:24,440 --> 00:34:27,920 Speaker 4: little hump and they have no other way out, they 675 00:34:27,960 --> 00:34:31,040 Speaker 4: have no other choice. It's just wrapping that case and 676 00:34:31,080 --> 00:34:33,319 Speaker 4: that whole outcome and that situation up. 677 00:34:33,560 --> 00:34:37,840 Speaker 1: How is it that we are able as human beings 678 00:34:37,960 --> 00:34:41,520 Speaker 1: to say that we no longer care about you mean, 679 00:34:41,600 --> 00:34:44,880 Speaker 1: we don't care, right, because we have to feed the system. Right, 680 00:34:45,600 --> 00:34:47,160 Speaker 1: The system has to go on, the machine has to 681 00:34:47,200 --> 00:34:48,920 Speaker 1: go on, and we've seen it over and over again. 682 00:34:48,960 --> 00:34:51,840 Speaker 1: I remember Florida years ago tried to pass the sunset 683 00:34:51,920 --> 00:34:53,600 Speaker 1: clause where they were saying, And some states have this 684 00:34:53,719 --> 00:34:57,280 Speaker 1: right where even if you had DNA evidence of your innocence, 685 00:34:57,280 --> 00:34:59,640 Speaker 1: you had to present it within like a month after 686 00:34:59,600 --> 00:35:02,359 Speaker 1: your try. Otherwise they weren't going to look at it. Now, 687 00:35:02,360 --> 00:35:03,879 Speaker 1: who the hell's going to have it a month after 688 00:35:03,880 --> 00:35:05,719 Speaker 1: their trial? But there are states that have that. In 689 00:35:05,719 --> 00:35:06,799 Speaker 1: Pennsylvania's one of them. 690 00:35:06,960 --> 00:35:10,240 Speaker 7: Yeah, in Pennsylvania, it's pretty draconian. Once your conviction is final, 691 00:35:10,320 --> 00:35:13,120 Speaker 7: you have a year to seek a new trial, which 692 00:35:13,160 --> 00:35:16,879 Speaker 7: is not that long, especially if witnesses, you know, they 693 00:35:16,960 --> 00:35:19,040 Speaker 7: just testified against you not that long before. Are they 694 00:35:19,120 --> 00:35:21,240 Speaker 7: really going to be prepared to tell the truth now? 695 00:35:21,880 --> 00:35:24,919 Speaker 7: After that year, if you file that new trial motion 696 00:35:25,000 --> 00:35:28,720 Speaker 7: and you lose, you're presumptively barred from ever seeking relief again, 697 00:35:28,760 --> 00:35:32,000 Speaker 7: with a few exceptions. So if you find new evidence 698 00:35:32,360 --> 00:35:35,480 Speaker 7: of innocence, like in Crystal's case, we had a witness recantation, 699 00:35:35,600 --> 00:35:39,640 Speaker 7: we had this fite mark expert disavowing its testimony, et cetera, 700 00:35:39,920 --> 00:35:41,799 Speaker 7: you only have two months. You have sixty days to 701 00:35:41,840 --> 00:35:43,719 Speaker 7: go back to court, and even if you get in 702 00:35:43,760 --> 00:35:45,880 Speaker 7: within the sixty days, that doesn't mean the judge is 703 00:35:45,920 --> 00:35:48,240 Speaker 7: going to find that your petition was filed on time. 704 00:35:49,000 --> 00:35:51,239 Speaker 7: It means that he's going to look at Okay, while 705 00:35:51,239 --> 00:35:53,759 Speaker 7: you got in with sixty days, but could you have 706 00:35:53,800 --> 00:35:57,360 Speaker 7: found that evidence even earlier sixty days from what sixty 707 00:35:57,440 --> 00:35:59,960 Speaker 7: days from? Basically when you get in, inkling that the 708 00:36:00,080 --> 00:36:02,759 Speaker 7: person might be willing to recant or you have a 709 00:36:02,800 --> 00:36:05,960 Speaker 7: new expert opinion, whatever new evidence is. So it's a 710 00:36:05,960 --> 00:36:08,239 Speaker 7: really short period of time, particularly if you don't have 711 00:36:08,280 --> 00:36:10,839 Speaker 7: a lawyer. But it also isn't the end of the game. 712 00:36:10,920 --> 00:36:13,799 Speaker 7: Because you get in within sixty days, that's just the 713 00:36:13,840 --> 00:36:16,239 Speaker 7: start of the process. The judge then has to see 714 00:36:16,280 --> 00:36:19,319 Speaker 7: whether that literally was the first time you could have 715 00:36:19,360 --> 00:36:21,279 Speaker 7: brought this evidence, or if you could have found it 716 00:36:21,360 --> 00:36:24,880 Speaker 7: sooner somehow, And the das will always say, well, they 717 00:36:24,880 --> 00:36:27,239 Speaker 7: could have talked to this person a year ago, six 718 00:36:27,280 --> 00:36:30,080 Speaker 7: months ago, whatever it is. In my job, this is 719 00:36:30,120 --> 00:36:32,680 Speaker 7: what makes me bang my head against the desk the most. 720 00:36:32,800 --> 00:36:34,440 Speaker 3: Are you talking about the PCR? 721 00:36:34,480 --> 00:36:38,000 Speaker 7: A PCR okay, And it's what we call a jurisdictional requirement. 722 00:36:38,080 --> 00:36:40,200 Speaker 7: So if you don't meet these things, the judge, even 723 00:36:40,200 --> 00:36:42,680 Speaker 7: if he or she wanted to, has no authority to 724 00:36:42,760 --> 00:36:44,040 Speaker 7: hear the actual evidence. 725 00:36:44,520 --> 00:36:48,120 Speaker 1: It's so maddening. It just doesn't make any sense whatsoever. 726 00:36:48,480 --> 00:36:51,759 Speaker 1: So then the day comes you're back in court. At 727 00:36:51,760 --> 00:36:54,000 Speaker 1: this point, you'd been through everything. How do you resign 728 00:36:54,080 --> 00:36:56,040 Speaker 1: yourself like oh, they're just going to screw me again, 729 00:36:56,200 --> 00:36:59,239 Speaker 1: or like what was your before before? 730 00:37:00,440 --> 00:37:02,840 Speaker 4: We have been through so much like my good days, 731 00:37:02,920 --> 00:37:06,000 Speaker 4: my good times. I'd done fired her one time and 732 00:37:06,040 --> 00:37:11,920 Speaker 4: then rehired her the same day. But it was just 733 00:37:12,160 --> 00:37:17,400 Speaker 4: all from anger, frustration, perseverance, just everything bottled up in me. 734 00:37:18,000 --> 00:37:20,800 Speaker 4: I mean, it wasn't her personally, it was the fact 735 00:37:20,840 --> 00:37:26,040 Speaker 4: about the system, what happened to me and what's been done, 736 00:37:26,280 --> 00:37:29,000 Speaker 4: And here she is trying to assist and help me, 737 00:37:29,160 --> 00:37:31,600 Speaker 4: but yet I'm firing her and hiring her back in 738 00:37:31,680 --> 00:37:32,640 Speaker 4: the same day. 739 00:37:33,360 --> 00:37:35,960 Speaker 3: So yeah, that's been real interesting. 740 00:37:36,520 --> 00:37:39,320 Speaker 4: I mean, I was just so grateful though here comes 741 00:37:39,360 --> 00:37:42,560 Speaker 4: my whole team and I'm soon to get victory. I 742 00:37:42,680 --> 00:37:46,080 Speaker 4: was happy, but on the same note, I was like, oh, 743 00:37:46,200 --> 00:37:46,640 Speaker 4: they're not. 744 00:37:46,600 --> 00:37:48,400 Speaker 3: Going to help me. It's going to be the same stuff. 745 00:37:48,440 --> 00:37:51,359 Speaker 4: Over crap, I'm saying in my mind over and over 746 00:37:51,880 --> 00:37:54,879 Speaker 4: because I wasn't getting nowhere, it seemed like. But then 747 00:37:54,920 --> 00:37:58,520 Speaker 4: all these doors started opening so fast. It was just 748 00:37:58,560 --> 00:38:01,319 Speaker 4: like one court date. Here we go, Oh, another court 749 00:38:01,400 --> 00:38:02,120 Speaker 4: date scheduled. 750 00:38:02,200 --> 00:38:02,360 Speaker 1: You know. 751 00:38:02,440 --> 00:38:04,560 Speaker 4: Here, I'm going back to the county. Here they're coming 752 00:38:04,560 --> 00:38:06,840 Speaker 4: to see me every day. I'm getting visits and getting 753 00:38:06,880 --> 00:38:09,239 Speaker 4: out of my room and out of my cell, and 754 00:38:09,520 --> 00:38:12,439 Speaker 4: I'm all excited because I know it's getting closer. Here 755 00:38:12,480 --> 00:38:16,399 Speaker 4: comes the big day. So when the big day came 756 00:38:16,480 --> 00:38:21,120 Speaker 4: and they said we're releasing her. October first, twenty fifteen 757 00:38:22,040 --> 00:38:25,400 Speaker 4: was the very special day. Very next day, they just 758 00:38:25,440 --> 00:38:28,960 Speaker 4: opened the doors and just released me right to the street. 759 00:38:29,080 --> 00:38:31,520 Speaker 4: Here it is freezing outside in the middle of rain, 760 00:38:31,719 --> 00:38:34,960 Speaker 4: and you know, we have jackets and different possessions and 761 00:38:35,000 --> 00:38:38,279 Speaker 4: properties and things like that. After being there for what 762 00:38:38,400 --> 00:38:42,359 Speaker 4: ten twelve years, so you accumulate a lot of belongings 763 00:38:42,400 --> 00:38:46,120 Speaker 4: and things being in there. And it was just unbelievable. 764 00:38:46,280 --> 00:38:48,799 Speaker 4: Here I am just being released to the streets. I 765 00:38:48,800 --> 00:38:50,800 Speaker 4: didn't even get to go back to my home prison 766 00:38:50,920 --> 00:38:53,360 Speaker 4: to collect what a little bit of belongings I had. 767 00:38:53,520 --> 00:38:56,680 Speaker 4: So I was just released right from the county Joel, 768 00:38:57,360 --> 00:38:59,640 Speaker 4: and you know, I had to get my self shipped 769 00:38:59,640 --> 00:39:00,040 Speaker 4: to me. 770 00:39:00,640 --> 00:39:01,800 Speaker 3: So it was just shock. 771 00:39:01,960 --> 00:39:04,040 Speaker 4: I was just in all with everything and how they 772 00:39:04,040 --> 00:39:07,920 Speaker 4: went about doing the results of everything. I mean, totally 773 00:39:08,000 --> 00:39:11,000 Speaker 4: unbelievable twelve years and here you just throw somebody out 774 00:39:11,040 --> 00:39:13,319 Speaker 4: on the street and don't give them their a little 775 00:39:13,320 --> 00:39:17,200 Speaker 4: bit of belongings and possessions and let them have transportation 776 00:39:17,480 --> 00:39:20,839 Speaker 4: and have everything in order. They could care less, it 777 00:39:20,880 --> 00:39:21,799 Speaker 4: didn't matter to them. 778 00:39:22,040 --> 00:39:23,800 Speaker 1: So it is full circle because you went into the 779 00:39:23,840 --> 00:39:26,200 Speaker 1: first trial thinking that justice was going to be done 780 00:39:26,560 --> 00:39:28,280 Speaker 1: and it wasn't. And then you went into the second 781 00:39:28,280 --> 00:39:30,279 Speaker 1: trial thinking that justice wasn't going to be done, and 782 00:39:30,320 --> 00:39:32,920 Speaker 1: it was. And then all of a sudden, here you 783 00:39:32,960 --> 00:39:35,399 Speaker 1: are like a baby being born right out back into 784 00:39:35,440 --> 00:39:37,759 Speaker 1: the world, like you said, like what the hell do 785 00:39:37,840 --> 00:39:40,279 Speaker 1: I do now? Type of thing. Right, But the good 786 00:39:40,280 --> 00:39:44,560 Speaker 1: news is you're free. At that point, you're exonerated, formally exonerated. 787 00:39:45,400 --> 00:39:49,920 Speaker 4: We didn't get I got exonerated October one, twenty fifteen, 788 00:39:50,160 --> 00:39:54,680 Speaker 4: was my hearing. That's whenever I got freed. They put 789 00:39:54,719 --> 00:39:58,520 Speaker 4: a GPS monitor and was still dangle with me for 790 00:39:58,680 --> 00:40:04,520 Speaker 4: nine months. So from October to June twenty seventh, twenty sixteen, 791 00:40:05,080 --> 00:40:08,880 Speaker 4: last year, I had a bracelet one that was my 792 00:40:09,000 --> 00:40:12,120 Speaker 4: fully exoneration day. When they were they took that bracelet 793 00:40:12,160 --> 00:40:14,040 Speaker 4: off and released me. 794 00:40:14,160 --> 00:40:17,520 Speaker 7: From that point, yeah, So in Pennsylvania, when somebody's innocent, 795 00:40:17,600 --> 00:40:19,319 Speaker 7: you can't you know, some states you can ask for 796 00:40:19,360 --> 00:40:21,960 Speaker 7: like a certificate of innocence, and that leads to an exoneration. 797 00:40:22,480 --> 00:40:24,400 Speaker 7: All we can get is a new trial. So in 798 00:40:24,440 --> 00:40:27,640 Speaker 7: October of twenty fifteen, we were lucky enough to be 799 00:40:27,680 --> 00:40:30,080 Speaker 7: able to get Crystal the new trial. But all that 800 00:40:30,080 --> 00:40:32,920 Speaker 7: that meant was that the d could appeal if they 801 00:40:32,920 --> 00:40:35,480 Speaker 7: wanted to, They could retry her if they wanted to. Luckily, 802 00:40:35,520 --> 00:40:38,160 Speaker 7: they didn't appeal, but they did say they were going 803 00:40:38,200 --> 00:40:40,320 Speaker 7: to proceed a trial. So she was out on bail 804 00:40:40,400 --> 00:40:42,760 Speaker 7: as if she'd never been convicted, and it was back 805 00:40:43,320 --> 00:40:45,200 Speaker 7: as if she'd been before the first trial, and she 806 00:40:45,280 --> 00:40:48,520 Speaker 7: was on this electronic monitoring, and the judge said a 807 00:40:48,560 --> 00:40:51,160 Speaker 7: really aggressive trial schedule. We got a pre trial order 808 00:40:51,200 --> 00:40:54,279 Speaker 7: saying you're going to trial in December or January, and 809 00:40:55,080 --> 00:40:57,760 Speaker 7: so we hit the ground running and did pre trial 810 00:40:57,800 --> 00:41:01,280 Speaker 7: work for Crystal. In the course of that, more information 811 00:41:01,320 --> 00:41:04,279 Speaker 7: about incentivized witnesses came out that we hadn't been able 812 00:41:04,320 --> 00:41:07,760 Speaker 7: to get during the post conviction process, and we filed 813 00:41:07,800 --> 00:41:11,000 Speaker 7: motions to have all the charges dismissed with prejudice, meaning 814 00:41:11,000 --> 00:41:14,200 Speaker 7: they could never charge her again, and ultimately, after a 815 00:41:14,239 --> 00:41:17,279 Speaker 7: bunch of hearings on that, that was finally granted in 816 00:41:17,360 --> 00:41:21,680 Speaker 7: June of twenty sixteen. So it wasn't over with the release. 817 00:41:21,719 --> 00:41:24,360 Speaker 7: That took another good nine months of lawyering and of 818 00:41:24,400 --> 00:41:28,120 Speaker 7: Crystal hanging in there being on this electronic monitor before 819 00:41:28,160 --> 00:41:29,239 Speaker 7: she could be truly free. 820 00:41:29,480 --> 00:41:31,319 Speaker 1: And that's one of the things that drives me crazy too. 821 00:41:31,440 --> 00:41:33,760 Speaker 1: What people don't understand is that the indictment, the original indictment, 822 00:41:33,800 --> 00:41:35,840 Speaker 1: still stands, even though the conviction has been overturned. The 823 00:41:35,840 --> 00:41:39,040 Speaker 1: basically what the court saying is that your trial was wrong, 824 00:41:39,160 --> 00:41:41,600 Speaker 1: the result was wrong, but the original indictmentsill stands and 825 00:41:41,640 --> 00:41:44,160 Speaker 1: they can still try you. We talked about that moment 826 00:41:44,320 --> 00:41:48,600 Speaker 1: when you were convicted something you didn't do, in the 827 00:41:48,640 --> 00:41:51,880 Speaker 1: horror and shock of that with your sister and your 828 00:41:52,000 --> 00:41:54,600 Speaker 1: dad and the whole terrible scene in the courtroom. What 829 00:41:54,680 --> 00:41:57,600 Speaker 1: was a moment like when you were exonerated? 830 00:41:58,600 --> 00:42:06,120 Speaker 4: Oh so wonderful, Oh man, happy tears again. I always 831 00:42:06,120 --> 00:42:08,759 Speaker 4: call them a moment because I always. 832 00:42:08,480 --> 00:42:12,160 Speaker 3: Cry, you know, emost one tear eye just thinking of it. 833 00:42:12,160 --> 00:42:16,960 Speaker 4: It's just like the victory after like persevering and fighting 834 00:42:17,080 --> 00:42:20,200 Speaker 4: and just everything for so long and so hard, and 835 00:42:20,480 --> 00:42:23,480 Speaker 4: you know, want to give up hope and you know, 836 00:42:23,600 --> 00:42:24,520 Speaker 4: throw the toweling. 837 00:42:25,120 --> 00:42:27,440 Speaker 3: You just got to keep going. And then it's just. 838 00:42:27,360 --> 00:42:31,200 Speaker 4: Like all that weight is finally off you. You're just like, 839 00:42:31,640 --> 00:42:36,000 Speaker 4: oh wow, you're in awe. It's like awe moment. I 840 00:42:36,080 --> 00:42:40,920 Speaker 4: call it a awe moment, but it's just relief, just 841 00:42:40,920 --> 00:42:44,600 Speaker 4: like ten thousand things off your chest, your heart, your mind. 842 00:42:45,160 --> 00:42:47,839 Speaker 3: You'll know how to start, where to begin, but you know. 843 00:42:47,800 --> 00:42:51,320 Speaker 4: You're ready and you're doing something somehow, some way. 844 00:42:52,600 --> 00:42:55,960 Speaker 3: So it's just amazing. It's amazing. 845 00:42:56,040 --> 00:42:58,920 Speaker 4: Like I'm so grateful and thankful just small things that 846 00:42:58,960 --> 00:43:01,960 Speaker 4: people take maybe for granted on a daily bisis. I 847 00:43:02,160 --> 00:43:05,759 Speaker 4: just I'm just grateful and thank god just to be 848 00:43:05,880 --> 00:43:08,480 Speaker 4: out because I could have still been in there, and 849 00:43:08,600 --> 00:43:10,560 Speaker 4: you know, they might have tried to put me through 850 00:43:10,560 --> 00:43:13,120 Speaker 4: a trial again and gave me a life sentence and say, 851 00:43:13,200 --> 00:43:14,640 Speaker 4: oh death row sentence. 852 00:43:15,239 --> 00:43:17,080 Speaker 3: Who's to say, you never know? 853 00:43:17,520 --> 00:43:20,040 Speaker 4: With all this being said, you know, I'm just so 854 00:43:20,200 --> 00:43:23,439 Speaker 4: happy and grateful that all this is just now it's 855 00:43:23,520 --> 00:43:26,520 Speaker 4: behind me and I can move forward to my future 856 00:43:26,719 --> 00:43:30,359 Speaker 4: and what lies ahead. And I'm just grateful to my 857 00:43:30,480 --> 00:43:32,760 Speaker 4: team and all the ones that did all the work 858 00:43:32,840 --> 00:43:35,600 Speaker 4: and put up with all my naughtiness and my good 859 00:43:35,640 --> 00:43:39,160 Speaker 4: days and bad days and moments and times, and you know, 860 00:43:39,280 --> 00:43:41,440 Speaker 4: and here I am today and I'm so grateful to 861 00:43:41,480 --> 00:43:45,799 Speaker 4: meet you and be here and spend this time with you. 862 00:43:46,000 --> 00:43:49,320 Speaker 3: Is a blessing. Well, I mean, I'm. 863 00:43:49,120 --> 00:43:51,319 Speaker 1: Honored people who listen to the show. No, I'm really 864 00:43:51,360 --> 00:43:53,120 Speaker 1: at a loss for words, but this is one of 865 00:43:53,160 --> 00:43:55,600 Speaker 1: those moments. I do know that when we're done talking 866 00:43:55,600 --> 00:43:57,640 Speaker 1: and I'm gonna give you a big hug. So the 867 00:43:59,280 --> 00:44:01,080 Speaker 1: and when you meet Chris, it's the first thing you think, 868 00:44:01,200 --> 00:44:02,440 Speaker 1: is this, I want to give this person a hug 869 00:44:02,520 --> 00:44:07,440 Speaker 1: If you don't know so anyway, But you know, I 870 00:44:07,440 --> 00:44:09,279 Speaker 1: think you may have already done this. But at the 871 00:44:09,480 --> 00:44:12,239 Speaker 1: end of each episode, we have a tradition here at 872 00:44:12,280 --> 00:44:15,279 Speaker 1: Wrongful Conviction where I like to ask if there's any 873 00:44:15,400 --> 00:44:17,080 Speaker 1: last words you'd like to share. I feel like you 874 00:44:17,120 --> 00:44:19,719 Speaker 1: may have already just done that. So in this case, 875 00:44:19,719 --> 00:44:22,560 Speaker 1: we'll do it differently, and we will turn it over 876 00:44:22,640 --> 00:44:25,520 Speaker 1: to your distinguished attorney Neil m and see if there's 877 00:44:25,560 --> 00:44:27,720 Speaker 1: anything Is there anything you'd like to leave with the audience, 878 00:44:27,800 --> 00:44:29,560 Speaker 1: or any final thoughts. 879 00:44:29,200 --> 00:44:32,080 Speaker 4: That you have, Oh, I'm just grateful that you have 880 00:44:32,360 --> 00:44:34,600 Speaker 4: shows like this to get this in the public eye, 881 00:44:34,600 --> 00:44:37,360 Speaker 4: to help people to be more aware of their surroundings 882 00:44:37,400 --> 00:44:40,160 Speaker 4: and what occurs out there in the world in our society, 883 00:44:40,719 --> 00:44:43,200 Speaker 4: to make change and make a difference for good and better. 884 00:44:43,880 --> 00:44:47,120 Speaker 7: Well said, I'm just so happy that you invited us 885 00:44:47,120 --> 00:44:49,319 Speaker 7: here and that it gives Crystal a chance to give 886 00:44:49,400 --> 00:44:52,879 Speaker 7: voice to her story and also the other women anxigneries. 887 00:44:53,160 --> 00:44:55,080 Speaker 7: You know, there's a lot more men in prison. We've 888 00:44:55,080 --> 00:44:57,960 Speaker 7: only had two female clients in our office, but I 889 00:44:58,000 --> 00:45:00,360 Speaker 7: think the challenges are really different, and it's a story 890 00:45:00,400 --> 00:45:03,040 Speaker 7: that's not told as much as it needs to. Be 891 00:45:03,120 --> 00:45:05,759 Speaker 7: so grateful that we have the opportunity to be here 892 00:45:05,800 --> 00:45:08,160 Speaker 7: and have Crystal give kind of the women's perspective on 893 00:45:08,200 --> 00:45:11,080 Speaker 7: this problem and a mom's perspective as well well. 894 00:45:11,239 --> 00:45:15,360 Speaker 1: This has been an extraordinary experience talking to both of 895 00:45:15,360 --> 00:45:17,960 Speaker 1: you and learning thank you from you, and you are 896 00:45:18,040 --> 00:45:21,200 Speaker 1: a perfect example of why those of us in this 897 00:45:21,280 --> 00:45:24,719 Speaker 1: innocence movement are so passionately devoted to doing what we do. 898 00:45:25,200 --> 00:45:28,600 Speaker 1: Now you're home and with your children and your grandchildren 899 00:45:28,680 --> 00:45:31,200 Speaker 1: and able to get on with your life, which is great. 900 00:45:31,600 --> 00:45:35,040 Speaker 1: I want to thank both of you, Crystal and Neilam 901 00:45:35,080 --> 00:45:37,960 Speaker 1: for joining us and tracking all the way here from Pennsylvania. Yes, 902 00:45:38,040 --> 00:45:41,120 Speaker 1: thank you, and thank you everyone for listening. This has 903 00:45:41,200 --> 00:45:44,080 Speaker 1: been a very special episode of Wrongful Conviction. 904 00:45:44,320 --> 00:45:44,920 Speaker 3: Than thank you. 905 00:45:52,920 --> 00:45:55,520 Speaker 1: Don't forget to give us a fantastic review wherever you 906 00:45:55,560 --> 00:45:59,240 Speaker 1: get your podcasts. It really helps. And I'm a proud 907 00:45:59,280 --> 00:46:01,839 Speaker 1: donor to the Nisis project and I really hope you'll 908 00:46:01,920 --> 00:46:05,320 Speaker 1: join me in supporting this very important cause and helping 909 00:46:05,440 --> 00:46:09,040 Speaker 1: to prevent future wrongful convictions. Go to Innison's project dot 910 00:46:09,120 --> 00:46:12,160 Speaker 1: org to learn how to donate and get involved. I'd 911 00:46:12,200 --> 00:46:15,280 Speaker 1: like to thank our production team, Connor Hall and Kevin Wartis. 912 00:46:15,640 --> 00:46:17,920 Speaker 1: The music in the show is by three time OSCAR 913 00:46:17,920 --> 00:46:21,000 Speaker 1: nominated composer Jay Ralph. Be sure to follow us on 914 00:46:21,000 --> 00:46:25,760 Speaker 1: Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast. 915 00:46:26,200 --> 00:46:29,240 Speaker 1: Wrongful Conviction with Jason Flamm is a production of Lava 916 00:46:29,280 --> 00:46:34,160 Speaker 1: for Good Podcasts and association with Signal Company Number one