WEBVTT - #412 Jason Flom with Douglas DiLosa

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<v Speaker 1>We originally released our interview with Doug de Losan November

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<v Speaker 1>twenty eight, twenty sixteen. It was our eighth episode that

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<v Speaker 1>we ever recorded, and Doug and I go back even

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<v Speaker 1>further than that. So running into him at the twenty

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<v Speaker 1>twenty three Instance Network conference was like seeing an old friend.

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<v Speaker 1>So we caught up on everything he's been up to

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<v Speaker 1>his organization, the first seventy two plus, which aids people

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<v Speaker 1>in re entry to society coming out of prison. We'll

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<v Speaker 1>have that linked in the bio, but mostly we talked

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<v Speaker 1>about the people who do the time with the wrongfully convicted,

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<v Speaker 1>their loved ones. Doug, it's been a long time since

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<v Speaker 1>you came home after fourteen years of a life sentence.

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<v Speaker 2>What's going on now? Update everybody?

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<v Speaker 3>Well, I'm now in my twenty third year of freedom

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<v Speaker 3>and I'm happily married. I don't know if I was

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<v Speaker 3>married when we did the other episode. My children are

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<v Speaker 3>even older now. My daughter, who will be forty two.

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<v Speaker 2>This h year.

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<v Speaker 3>She managed to graduate from college with honors, has a

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<v Speaker 3>degree in finance. She's been working as an accountant for

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<v Speaker 3>the same company seventeen eighteen years.

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<v Speaker 4>Now.

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<v Speaker 3>She's a single mom. She has my grandson who's getting

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<v Speaker 3>ready to turn seventeen and she owns her own home.

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<v Speaker 3>My son has married, he is living in Sacramento, California,

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<v Speaker 3>and he's expecting twins, which I couldn't be more delighted

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<v Speaker 3>to become a grandfather again.

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<v Speaker 1>That's great, and it's great to hear about the new

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<v Speaker 1>family members coming your way. But I have to ask

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<v Speaker 1>you this, Doug So, you talked about on the podcast

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<v Speaker 1>when we recorded it back in I think it was

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<v Speaker 1>twenty sixteen, about how when you were almost at the

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<v Speaker 1>fourteenth year of your life sentence without parole, you had

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<v Speaker 1>felt like you had become such a burden to your

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<v Speaker 1>kids coming to visit you week in and week out,

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<v Speaker 1>instead of doing the things that you hoped that they

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<v Speaker 1>would be doing and that kids wont to be doing.

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<v Speaker 1>Let's face it, now, your kids enduring the loss of

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<v Speaker 1>their mother who was murdered, the ronful imprisonment of their father,

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<v Speaker 1>and yet it seems like they have led good lives

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<v Speaker 1>and seem to be doing good things in the world.

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<v Speaker 2>How do you explain the fact that those kids could

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<v Speaker 2>go through this.

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<v Speaker 1>Double trauma and still, you know, flourish in the world.

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<v Speaker 3>Well, I think they deserve all the credit for where

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<v Speaker 3>they are in life today. My daughter, I couldn't be

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<v Speaker 3>more proud of her because she's overcome so many obstacles

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<v Speaker 3>in her life. But she says all the time, biggest

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<v Speaker 3>thing in her life is she wished she would have

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<v Speaker 3>had a childhood. But she's doing fantastic today. She could

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<v Speaker 3>be happier, but you know again, I think she's done

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<v Speaker 3>a fantastic job of helping raise herself and reaching where

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<v Speaker 3>she has in life. As far as my son, who

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<v Speaker 3>will turn forty five this year, my son has experienced

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<v Speaker 3>a number of problems. I hate to say it, but

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<v Speaker 3>there's no sense in trying to hide it. He had

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<v Speaker 3>a terrible problem with drugs and alcohol, and he had

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<v Speaker 3>spiraled so far out of control in his late teens

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<v Speaker 3>and early twenties that I didn't know if I'd get

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<v Speaker 3>a phone call any given night given me bad news

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<v Speaker 3>regarding him. But somehow, when he reached about thirty years old,

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<v Speaker 3>he woke up, looked at himself in the mirror and said,

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<v Speaker 3>I'm not going to do it anymore. And he still

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<v Speaker 3>has an occasional drink. I don't think he has a

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<v Speaker 3>drinking problem. He doesn't do drugs. He's happily married. His

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<v Speaker 3>wife's a doctor, moved to California, and they have twins

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<v Speaker 3>on the way. And I guess the biggest thing I

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<v Speaker 3>wonder is given all the credit to my son and

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<v Speaker 3>daughter for managing to succeed in life. Where would they

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<v Speaker 3>be today if the police hadn't framed me, the DA

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<v Speaker 3>hadn't framed me, and they had grown up with a

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<v Speaker 3>loving father and had some direction in life. Because they

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<v Speaker 3>had none, they did it all on their own.

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<v Speaker 1>And now Doug's story our eighth episode ever and one

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<v Speaker 1>of the most powerful ones I have to say I've

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<v Speaker 1>ever heard here.

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<v Speaker 2>It is as it originally aired.

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<v Speaker 4>I came from a beautiful neighborhood, had a beautiful life.

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<v Speaker 5>I went to sleep because September seventh was the first

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<v Speaker 5>day of my high school year. I was going to

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<v Speaker 5>be a senior at twenty two, I was set to

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<v Speaker 5>start college. I woke up and my life was never

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<v Speaker 5>the same again.

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<v Speaker 3>Cops came out with guns drawn, and I never saw

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<v Speaker 3>freedom ever since after that.

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<v Speaker 5>It's like groach mode ta once you get in and

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<v Speaker 5>I can't now.

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<v Speaker 2>This is wrong for conviction with Jason.

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<v Speaker 1>Klom particularly thrilled today to have as our guest, my

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<v Speaker 1>good friend Doug Delosa.

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<v Speaker 2>Doug, welcome to the show.

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<v Speaker 3>Thank you, Jason.

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<v Speaker 1>Having worked with the Nisis Project now for twenty years

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<v Speaker 1>in my role as a founding board member, I thought

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<v Speaker 1>I had heard everything until I heard Doug's story. So

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<v Speaker 1>you were living in Louisiana, right.

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<v Speaker 3>I grew up there. I was born and raised in

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<v Speaker 3>New Orleans, Louisiana. At the time, I wasn't living in

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<v Speaker 3>New Orleans proper, but I was living just outside of

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<v Speaker 3>New Orleans in the city of Cana. I was married.

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<v Speaker 3>My wife and I had been together a little over

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<v Speaker 3>ten years. We had two beautiful children and a son

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<v Speaker 3>who was seven at the time and a daughter who

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<v Speaker 3>was five.

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<v Speaker 1>Right, So you had a little yard and basically some

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<v Speaker 1>neighbors and sort of like they we think of in

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<v Speaker 1>New York. We think everything's a culled the sack. Right,

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<v Speaker 1>we have this strange region know America as a series

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<v Speaker 1>of called the sack. But basically, am I painting the

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<v Speaker 1>right picture?

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<v Speaker 5>Yes?

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<v Speaker 2>Until it all went wrong?

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<v Speaker 3>Absolutely, until that American dream turned into the American nightmare?

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<v Speaker 1>Right, And it's a nightmare of proportions that are impossible

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<v Speaker 1>to overstate. You were at home with your wife and kids. Right,

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<v Speaker 1>and tell us what happened.

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<v Speaker 3>It was a typical Friday evening in our lives. Fast

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<v Speaker 3>forward to about two thirty in the morning on Saturday morning,

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<v Speaker 3>September twenty seventh, and I woke up, sat up in bed.

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<v Speaker 3>I heard a noise. The noise that I was positive

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<v Speaker 3>I heard was our pet parrot squawking and fluttering around

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<v Speaker 3>in its cage. I get up from bed, Tell my wife,

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<v Speaker 3>I'm going to check on Andy. That was the name

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<v Speaker 3>of the bird.

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<v Speaker 2>And what was your wife's name.

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<v Speaker 3>My wife's name was Glinda. Right, I get up, I

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<v Speaker 3>go downstairs. As soon as I got to the foot

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<v Speaker 3>of the stairs, one person came from the side of

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<v Speaker 3>me out of our bathroom area, and this person immediately

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<v Speaker 3>struck me with an object that I think was a

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<v Speaker 3>piece of mob pandle or a broomstick. Another person came

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<v Speaker 3>from the kitchen area and immediately knocked me to the ground.

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<v Speaker 3>And the two individuals, I don't know how long it lasted,

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<v Speaker 3>probably less than thirty seconds, kicked me, beat me until

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<v Speaker 3>I lost consciousness. Sometime later I was regaining consciousness. I'm

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<v Speaker 3>not sure how long I laid on the floor. But

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<v Speaker 3>I realized thing that sort of frightened me. At first,

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<v Speaker 3>I couldn't move my fans and feet were tied behind

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<v Speaker 3>my back. I was hog tied, and I was struggling

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<v Speaker 3>to gain consciousness and put my thought process together to

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<v Speaker 3>figure out what had happened. And after whether it was

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<v Speaker 3>one minute or ten minutes, I started calling for my wife.

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<v Speaker 3>Didn't get any response at all.

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<v Speaker 2>So you're at the foot of the stairs, at the.

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<v Speaker 3>Foot of the stairs, inside of what would have been

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<v Speaker 3>our den.

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<v Speaker 2>Right, and she's and she's upstairs. She's ups upstairs.

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<v Speaker 3>In the bedroom. Getting no response at all from my wife.

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<v Speaker 3>I called for my seven year old son, Dennis, and

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<v Speaker 3>on the third of the fourth call from my son,

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<v Speaker 3>I heard him stirring upstairs. He answered me. Initially, he

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<v Speaker 3>went into the master bedroom and I could hear him say, Daddy,

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<v Speaker 3>where are you? I see mommy, but she's sleeping, and

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<v Speaker 3>I said, Daddy's downstairs, Please come downstairs. He came downstairs

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<v Speaker 3>and I told him, Dennis, two bad men had broken

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<v Speaker 3>in the house and they hurt Daddy. But I'm gonna

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<v Speaker 3>be all right. I need you to untie my hands.

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<v Speaker 3>He couldn't untie my hands. Because the rope was tied

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<v Speaker 3>so tightly. Then I asked him to go in the kitchen,

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<v Speaker 3>please get a knife and try to cut the rope.

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<v Speaker 3>He came back with a knife, but he was panicking

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<v Speaker 3>because he said, Daddy, I'm scared because I can see

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<v Speaker 3>four legs under the blind or the curtain in the

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<v Speaker 3>kitchen leading out to the patio. I can see people

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<v Speaker 3>standing on the patio, and I'm afraid it's the bad

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<v Speaker 3>men that hurt you. And I sort of panicked myself then,

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<v Speaker 3>and I said, Dennis, pick up the phone. The phone

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<v Speaker 3>was right there on the landing of the stairs. I said,

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<v Speaker 3>dial nine one one, and he immediately picked up the phone,

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<v Speaker 3>dial nine one one. He says, what do I say?

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<v Speaker 3>And I said, just tell him you need help, that

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<v Speaker 3>your daddy's hurt. And you had seen two men standing

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<v Speaker 3>on the patio. I don't think he told them that

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<v Speaker 3>exact anyway, he got their attention, and within minutes police

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<v Speaker 3>arrived on the scene.

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<v Speaker 1>And then the police arrive on the scene, and then

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<v Speaker 1>this is where things start to really get crazy, right,

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<v Speaker 1>because it seems like a pretty simple situation.

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<v Speaker 2>You're hog tied, right.

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<v Speaker 3>The police enter. The first thing, one of them does

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<v Speaker 3>is kneel down next to me, ask me if I'm

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<v Speaker 3>all right. I guess I basically tell him, yeah, I'm fine.

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<v Speaker 3>He doesn't untime, he doesn't do anything, and I hear

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<v Speaker 3>another officer goes upstairs, and at that point in time,

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<v Speaker 3>the next thing I hear him is kicking the door

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<v Speaker 3>off the hinges. And it turned out that after my

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<v Speaker 3>son had gone in the bedroom when I called him

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<v Speaker 3>and he found his mother what he described as being asleep,

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<v Speaker 3>he must have pulled the door shut behind him and

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<v Speaker 3>it just automatically locked.

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<v Speaker 2>So he kicks in the door.

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<v Speaker 3>He kicks in the door. When he kicks in the door,

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<v Speaker 3>he really startles my daughter, who's in the bedroom next door,

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<v Speaker 3>and she starts crying hysterically. And at that point then

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<v Speaker 3>my son starts crying hysterically. And I'm getting pretty hysterical myself.

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<v Speaker 3>Laying on the floor. I'm still hog tied, and I'm

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<v Speaker 3>telling you what's going on, what's going on, And policemen

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<v Speaker 3>is trying to restrain me and keep me on the ground.

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<v Speaker 2>Which is not that hard.

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<v Speaker 3>You're but go ahead, and I'm like, and he says,

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<v Speaker 3>don't worry, Everything'll be fine, And I mean within moments,

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<v Speaker 3>it seems like ambulance attendants arrived on the scene. I

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<v Speaker 3>couldn't hear exactly what they were being told, but they

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<v Speaker 3>were being told something about my wife was in the

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<v Speaker 3>bedroom upstairs, and that somebody needed to get my daughter

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<v Speaker 3>and bring a downstairs, which they did. And again I

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<v Speaker 3>don't know how much time was elapsing, but at some

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<v Speaker 3>point in time, more police officers arrived on the scene.

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<v Speaker 3>Eventually someone cut me free. Moments after they cut me free,

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<v Speaker 3>they told me that that I would have to be

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<v Speaker 3>taken to the emergency room, and that the other paramedic

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<v Speaker 3>team was working on my wife and I'd see her there.

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<v Speaker 3>And also at some point in time they asked me

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<v Speaker 3>if there was anybody that they could call to take

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<v Speaker 3>care of my children. I'm being treated in the emergency room.

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<v Speaker 3>I don't know how much later again, was it ten

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<v Speaker 3>or fifteen minutes? Was it an hour later? My brother

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<v Speaker 3>and a priest come into the emergency room, and they

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<v Speaker 3>informed me that my wife had been killed.

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<v Speaker 1>And at this point, you're I mean, you've just been

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<v Speaker 1>through an impossibly traumatic experience and now you're getting hit

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<v Speaker 1>with this news and the whole world must be collapsing

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<v Speaker 1>around you.

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<v Speaker 3>At this point in time, it was pretty hard to

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<v Speaker 3>believe what I was being told. I think I almost

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<v Speaker 3>went in the shock when they told me my wife

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<v Speaker 3>had been killed, And I mean, I just can't process

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<v Speaker 3>what I'm being told and come up with any logical

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<v Speaker 3>reason why it had happened.

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<v Speaker 1>And then you get back with your kids and try

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<v Speaker 1>to piece things back together. You had given the police

0:14:25.200 --> 0:14:28.920
<v Speaker 1>the information that they wanted right about it, basically the story.

0:14:28.640 --> 0:14:29.640
<v Speaker 2>That you just told us.

0:14:29.760 --> 0:14:35.320
<v Speaker 3>I had recalled everything I could remember to the police.

0:14:35.040 --> 0:14:37.080
<v Speaker 1>Except for when you were unconscious, of course, which was

0:14:37.600 --> 0:14:41.680
<v Speaker 1>that's the only missing part. And then they were having

0:14:41.720 --> 0:14:42.880
<v Speaker 1>trouble solving the case.

0:14:43.000 --> 0:14:48.520
<v Speaker 3>Right There had been considerable criticism of the police department

0:14:49.120 --> 0:14:53.880
<v Speaker 3>for not solving having any viable leads in this case,

0:14:54.360 --> 0:14:57.640
<v Speaker 3>demanding to know from the police chief what were they doing,

0:14:57.760 --> 0:15:01.720
<v Speaker 3>how were they protecting the neighborhood. I had gotten a

0:15:01.720 --> 0:15:05.200
<v Speaker 3>little bit vocal, and I probably said on more than

0:15:05.240 --> 0:15:08.600
<v Speaker 3>one occasion, all of these stupid son of a bitches

0:15:08.680 --> 0:15:11.400
<v Speaker 3>need to be fired because they don't appear to know

0:15:11.440 --> 0:15:16.800
<v Speaker 3>what they're doing. Their actions were, in my mind, reminiscent

0:15:16.880 --> 0:15:22.280
<v Speaker 3>of the old Keystone cops in slapstick comedies because they

0:15:22.320 --> 0:15:23.720
<v Speaker 3>just didn't appear to be very.

0:15:23.560 --> 0:15:29.600
<v Speaker 1>Bright, right, Okay, And so obviously the police, you know,

0:15:29.960 --> 0:15:32.760
<v Speaker 1>they're feeling a lot of pressure and they're feeling a

0:15:32.800 --> 0:15:35.400
<v Speaker 1>little they're getting their back up about this, right, right.

0:15:35.560 --> 0:15:39.520
<v Speaker 1>So then comes the craziest part, in some ways the

0:15:39.520 --> 0:15:41.760
<v Speaker 1>craziest part of the story, right, which is that now

0:15:41.760 --> 0:15:44.880
<v Speaker 1>we're three months from the day to the crime basically.

0:15:44.520 --> 0:15:48.080
<v Speaker 3>Right, we're now the morning of December twenty ninth.

0:15:49.560 --> 0:15:51.240
<v Speaker 2>I was it's hot, it's hot in.

0:15:52.160 --> 0:15:56.360
<v Speaker 3>It's very warm in Louisiana. I'm deciding I'm going to

0:15:56.440 --> 0:15:59.880
<v Speaker 3>put out the Christmas tree. It's starting. It was a

0:15:59.880 --> 0:16:03.360
<v Speaker 3>live tree. It's starting to drop needles all over. So

0:16:04.000 --> 0:16:06.400
<v Speaker 3>I tell my children, I'll be right back. I'm just

0:16:06.400 --> 0:16:08.880
<v Speaker 3>going to put the Christmas tree out for the trash.

0:16:09.120 --> 0:16:11.640
<v Speaker 3>I've got a pair of cutoff jeans on, nothing else.

0:16:12.680 --> 0:16:14.960
<v Speaker 3>And as I'm putting the tree in the back of

0:16:15.000 --> 0:16:18.600
<v Speaker 3>my house by the curve for the trash, I hear

0:16:18.680 --> 0:16:23.560
<v Speaker 3>Doug Delosa turn around, and I sort of turn around

0:16:23.600 --> 0:16:29.520
<v Speaker 3>and I'm like almost in shock. I have no idea

0:16:29.560 --> 0:16:33.600
<v Speaker 3>how many police officers are there, at minimum of six,

0:16:33.720 --> 0:16:37.800
<v Speaker 3>maybe ten or more. I have many. No idea how

0:16:37.840 --> 0:16:42.840
<v Speaker 3>many news cameras are there. Probably as many personnel were

0:16:42.840 --> 0:16:46.240
<v Speaker 3>there as there were police officers pointing cameras at me,

0:16:47.120 --> 0:16:49.920
<v Speaker 3>and the police pointing guns at me, and they say,

0:16:50.880 --> 0:16:53.080
<v Speaker 3>you know why we're here. We're here to rest you

0:16:53.120 --> 0:16:56.280
<v Speaker 3>for the murder or your wife. And I'm just like

0:16:56.840 --> 0:17:01.680
<v Speaker 3>thinking to myself, this can't be true. This nightmare just

0:17:01.760 --> 0:17:05.560
<v Speaker 3>keeps getting worse and worse. I knew that I had

0:17:05.600 --> 0:17:10.520
<v Speaker 3>been labeled to suspect, but I never, in my wildest imagination,

0:17:11.359 --> 0:17:14.960
<v Speaker 3>thought that it would evolve into an arrest. I'm not

0:17:15.160 --> 0:17:17.800
<v Speaker 3>dressed except for with a pair of cutoffs on. My

0:17:17.920 --> 0:17:21.560
<v Speaker 3>children are in their pajamas, and I asked the one detective,

0:17:22.320 --> 0:17:26.640
<v Speaker 3>could I please go dress my children and call somebody

0:17:26.680 --> 0:17:31.240
<v Speaker 3>to take them well. As I was changing their clothes,

0:17:31.400 --> 0:17:34.640
<v Speaker 3>I turned to this man who couldn't have been more

0:17:34.720 --> 0:17:37.640
<v Speaker 3>than two to three feet away from me, standing right

0:17:37.640 --> 0:17:41.520
<v Speaker 3>in my face, and I asked him. I said, detective Dote,

0:17:41.760 --> 0:17:44.639
<v Speaker 3>why are you doing this to me? Why are you

0:17:44.760 --> 0:17:47.840
<v Speaker 3>doing this to my children? You know that I didn't

0:17:47.920 --> 0:17:53.560
<v Speaker 3>kill my wife, and this police officer, when I asked

0:17:53.600 --> 0:17:56.879
<v Speaker 3>him that question, he had the look of a wild

0:17:56.960 --> 0:17:59.800
<v Speaker 3>man on his face, and he almost I don't know

0:17:59.800 --> 0:18:04.959
<v Speaker 3>how to describe it. His voice was almost venomous, and

0:18:05.000 --> 0:18:10.520
<v Speaker 3>he says, man, fuck you, fuck your children, and fuck

0:18:10.600 --> 0:18:13.560
<v Speaker 3>that dead wife of yours. I didn't ask that stupid

0:18:13.600 --> 0:18:17.680
<v Speaker 3>bitch to die in my city. And he goes on

0:18:17.760 --> 0:18:20.359
<v Speaker 3>to say, he says, why should I give a fuck

0:18:20.400 --> 0:18:22.800
<v Speaker 3>about you or your children? Do you care about me

0:18:22.920 --> 0:18:26.639
<v Speaker 3>and my children? My job's on the line, and he said,

0:18:26.680 --> 0:18:31.960
<v Speaker 3>you have asked that I be terminated in competence. Well,

0:18:32.000 --> 0:18:35.639
<v Speaker 3>you know what, I don't know who did it. Maybe

0:18:35.680 --> 0:18:38.040
<v Speaker 3>I know you didn't do it, but I can build

0:18:38.080 --> 0:18:40.160
<v Speaker 3>the case against you. So you're it.

0:18:40.840 --> 0:18:47.280
<v Speaker 1>So you're you know, you go to trial, and well

0:18:47.720 --> 0:18:51.280
<v Speaker 1>they withheld several critical pieces of evidence from the defense,

0:18:51.440 --> 0:18:53.920
<v Speaker 1>that which is called a Brady violation, which which would

0:18:53.920 --> 0:18:57.760
<v Speaker 1>have excluded you and would have led to you being

0:18:57.760 --> 0:19:01.119
<v Speaker 1>found innocent. Do you want to talk about the trial?

0:19:02.119 --> 0:19:06.960
<v Speaker 3>From start to finish, nine days had passed, and from

0:19:07.000 --> 0:19:12.320
<v Speaker 3>the very beginning, the two district attorneys prosecuting me told

0:19:12.400 --> 0:19:15.840
<v Speaker 3>the jury that they were never going to hear any

0:19:15.920 --> 0:19:20.240
<v Speaker 3>direct evidence that tied me to this crime. That basically

0:19:20.600 --> 0:19:23.879
<v Speaker 3>what they were trying to convict me on was a

0:19:23.920 --> 0:19:27.520
<v Speaker 3>theory of how I did it and why I did it,

0:19:28.320 --> 0:19:32.200
<v Speaker 3>and what was going to be important to the jury

0:19:33.000 --> 0:19:37.160
<v Speaker 3>to find me guilty was that I had no evidence

0:19:37.560 --> 0:19:42.600
<v Speaker 3>to support my story that two black men broke into

0:19:42.640 --> 0:19:46.560
<v Speaker 3>my house that night, beat me unconscious, hog tied me,

0:19:47.040 --> 0:19:49.679
<v Speaker 3>and at some point in time killed my wife.

0:19:50.359 --> 0:19:52.320
<v Speaker 1>Right now, But the reason we know that you couldn't

0:19:52.320 --> 0:19:55.000
<v Speaker 1>provide any proof is because they were withholding the proof

0:19:55.119 --> 0:19:57.920
<v Speaker 1>that they had. They had the investigators. You didn't have investigators.

0:19:57.960 --> 0:20:00.639
<v Speaker 1>They had all the guys sweeping the and doing the

0:20:00.640 --> 0:20:01.879
<v Speaker 1>whole thing exactly.

0:20:02.080 --> 0:20:07.000
<v Speaker 3>There were fingerprints found in several places throughout the house

0:20:07.680 --> 0:20:11.120
<v Speaker 3>that didn't belong to me, any of my family members,

0:20:11.240 --> 0:20:16.240
<v Speaker 3>any of our friends, anyone any member of the investigative

0:20:16.280 --> 0:20:20.880
<v Speaker 3>team that had all been ruled out, and these fingerprints

0:20:20.920 --> 0:20:25.639
<v Speaker 3>found throughout the house belonged to someone. But we have

0:20:25.760 --> 0:20:27.239
<v Speaker 3>no idea who they belonged to.

0:20:27.359 --> 0:20:28.199
<v Speaker 2>But they didn't tell you that.

0:20:28.320 --> 0:20:32.800
<v Speaker 3>No, their fingerprint expert committed perjury on the stand when

0:20:32.800 --> 0:20:38.200
<v Speaker 3>he said absolutely no other fingerprints were found in the house.

0:20:38.280 --> 0:20:40.040
<v Speaker 1>Can we talk about the cab driver for a second,

0:20:40.080 --> 0:20:42.320
<v Speaker 1>because that's one to me, that's one that's always stuck

0:20:42.359 --> 0:20:42.960
<v Speaker 1>in my mind.

0:20:43.000 --> 0:20:44.239
<v Speaker 2>That's really you know.

0:20:44.800 --> 0:20:49.760
<v Speaker 3>Sometime after I was arrested, well, actually, let's back up

0:20:50.359 --> 0:20:55.400
<v Speaker 3>to right after my wife's funeral, three days after the murder,

0:20:56.400 --> 0:21:00.399
<v Speaker 3>a taxi driver came forward to the can of Police

0:21:00.440 --> 0:21:04.080
<v Speaker 3>department and he said, I think I may have some

0:21:05.040 --> 0:21:08.800
<v Speaker 3>testimony that would help you catch the people who killed

0:21:08.800 --> 0:21:16.000
<v Speaker 3>this lady, meaning my wife. And as the story goes

0:21:16.040 --> 0:21:20.840
<v Speaker 3>in his written deposition to the police, he was dropping

0:21:20.880 --> 0:21:24.439
<v Speaker 3>off affair in that neighborhood, which at that time was

0:21:24.520 --> 0:21:29.199
<v Speaker 3>exclusively white. There would have been no reason whatsoever to

0:21:29.280 --> 0:21:33.760
<v Speaker 3>have seen blacks in that particular neighborhood.

0:21:33.320 --> 0:21:34.760
<v Speaker 2>At least aboot three in the morning.

0:21:35.080 --> 0:21:37.560
<v Speaker 3>Yeah, least of all at three to four o'clock in

0:21:37.600 --> 0:21:40.639
<v Speaker 3>the morning. And he goes on to give in his

0:21:40.720 --> 0:21:46.120
<v Speaker 3>written deposition that as he was driving down this one street,

0:21:46.200 --> 0:21:51.679
<v Speaker 3>he saw two black men leaving the vicinity of the

0:21:51.680 --> 0:21:55.679
<v Speaker 3>front of my house carrying what would have fit the

0:21:55.680 --> 0:21:58.240
<v Speaker 3>description of some of the items I told police were

0:21:58.280 --> 0:22:01.800
<v Speaker 3>taken from my house. And he says that as his

0:22:02.000 --> 0:22:06.440
<v Speaker 3>lights shone on the two men, it appeared that they panicked.

0:22:07.240 --> 0:22:11.439
<v Speaker 3>They ran to a silver van that was waiting, and

0:22:11.480 --> 0:22:15.000
<v Speaker 3>they sped off in a reckless manner and he found

0:22:15.080 --> 0:22:17.680
<v Speaker 3>that very unusual and thought it was important to bring

0:22:17.720 --> 0:22:21.720
<v Speaker 3>that testimony to the police, which he did.

0:22:21.960 --> 0:22:24.480
<v Speaker 2>As it was, but they, of course withheld that from.

0:22:24.280 --> 0:22:27.680
<v Speaker 3>The defense illegally. They withheld that and said that there

0:22:27.720 --> 0:22:34.640
<v Speaker 3>was nobody had ever seen anything regarding any black men

0:22:34.760 --> 0:22:37.879
<v Speaker 3>in that neighborhood, much less in the vicinity of my home.

0:22:38.359 --> 0:22:41.640
<v Speaker 3>Now fast forward another six to seven months, I'm at

0:22:41.760 --> 0:22:47.080
<v Speaker 3>trial this you know, good citizen is reading in the

0:22:47.119 --> 0:22:51.159
<v Speaker 3>newspaper and hearing on the TV that I'm undergoing a

0:22:51.240 --> 0:22:54.080
<v Speaker 3>trial for the murder of my wife. Well, he just

0:22:54.119 --> 0:22:56.720
<v Speaker 3>doesn't understand, and at this point he doesn't trust the

0:22:56.720 --> 0:23:00.040
<v Speaker 3>police because he's already gone to the police twice. So

0:23:00.119 --> 0:23:03.920
<v Speaker 3>he shows up at the courthouse somehow manages to talk

0:23:03.960 --> 0:23:06.879
<v Speaker 3>to one of the two or maybe perhaps both, of

0:23:06.920 --> 0:23:10.800
<v Speaker 3>the district attorneys who were trying the case, and he

0:23:10.880 --> 0:23:16.760
<v Speaker 3>tells his story to them, and they very nonchalantly brush

0:23:16.800 --> 0:23:21.080
<v Speaker 3>him off and said, oh, don't worry. We presented your

0:23:21.119 --> 0:23:26.359
<v Speaker 3>written statement to mister Dolosa's attorney. He reviewed it, but

0:23:26.920 --> 0:23:31.960
<v Speaker 3>in light of the overwhelming evidence against him, he knows

0:23:31.960 --> 0:23:35.320
<v Speaker 3>that your testimony wouldn't do any good, so he decided

0:23:35.359 --> 0:23:37.399
<v Speaker 3>not to call you as a witness, which was a

0:23:37.440 --> 0:23:41.560
<v Speaker 3>total lie. They hadn't given any of that information to

0:23:41.720 --> 0:23:44.720
<v Speaker 3>my attorney. And one of the biggest parts of their

0:23:44.800 --> 0:23:48.439
<v Speaker 3>case was over and over again they repeated to the jury,

0:23:49.080 --> 0:23:54.639
<v Speaker 3>no one repeat, no one saw anything suspicious in that

0:23:54.720 --> 0:23:59.280
<v Speaker 3>neighborhood that night, much less two black men. And that's

0:23:59.320 --> 0:24:02.960
<v Speaker 3>why you must find mister Dolosa guilty because he was lying.

0:24:16.680 --> 0:24:20.000
<v Speaker 1>The jury comes back, they find you guilty and sends

0:24:20.000 --> 0:24:22.600
<v Speaker 1>you to life in prison. Now, the only thing that

0:24:22.640 --> 0:24:24.840
<v Speaker 1>can make it worse is they're going to send you

0:24:24.880 --> 0:24:29.160
<v Speaker 1>to what is arguably the worst prison in America, in Louisiana,

0:24:29.160 --> 0:24:31.480
<v Speaker 1>which is the state which has the highest prison population

0:24:31.760 --> 0:24:35.679
<v Speaker 1>by far. Louisiana does have three times higher rate of

0:24:35.680 --> 0:24:38.040
<v Speaker 1>incarceration than the rest of the country per capita, and

0:24:38.040 --> 0:24:40.439
<v Speaker 1>of course America has a five times higher rate than

0:24:40.480 --> 0:24:43.320
<v Speaker 1>the rest of the world. So it's off the chain.

0:24:43.560 --> 0:24:46.720
<v Speaker 1>But now you're being sent to Angola prison farm, and

0:24:48.119 --> 0:24:49.120
<v Speaker 1>let's talk about that.

0:24:49.280 --> 0:24:55.240
<v Speaker 3>Well. Arriving at the Louisiana State Penitentiary, which they call Angola,

0:24:55.880 --> 0:24:59.200
<v Speaker 3>it was beyond culture shock. I didn't know what to expect.

0:24:59.240 --> 0:25:04.440
<v Speaker 3>I'd heard numerous rumors that scared the hell out of me.

0:25:05.920 --> 0:25:09.040
<v Speaker 3>But I arrived at Angola and one of the first

0:25:09.080 --> 0:25:14.320
<v Speaker 3>things that I guess was really strange was they put

0:25:14.359 --> 0:25:17.399
<v Speaker 3>you in an initial classification to decide where you're going

0:25:17.480 --> 0:25:22.240
<v Speaker 3>to be housed. And I'm going before these classification officers

0:25:23.440 --> 0:25:25.520
<v Speaker 3>and they decide that they're going to put me in

0:25:25.560 --> 0:25:30.640
<v Speaker 3>a working cell block for my protection rather than general population.

0:25:31.920 --> 0:25:34.359
<v Speaker 3>And then they make a statement that's pretty odd. They

0:25:34.400 --> 0:25:37.480
<v Speaker 3>said that they don't have a white cell available to

0:25:37.560 --> 0:25:41.679
<v Speaker 3>put me in, so I'd have to be sent to

0:25:42.600 --> 0:25:47.480
<v Speaker 3>a security cell while they prepare a white cell. And

0:25:47.520 --> 0:25:50.280
<v Speaker 3>I'm like, what the hell is a white cell. At

0:25:50.320 --> 0:25:54.919
<v Speaker 3>that time, they still believed in segregating the white and

0:25:54.960 --> 0:26:00.800
<v Speaker 3>black prisoners at Angola. They didn't mix and blacks in

0:26:00.840 --> 0:26:07.360
<v Speaker 3>the same cell. But my very first night in Angola,

0:26:08.000 --> 0:26:11.600
<v Speaker 3>I'm in a disciplinary tier and I'm in a cell

0:26:12.520 --> 0:26:18.440
<v Speaker 3>and there's someone down the tier in another cell acting up,

0:26:19.040 --> 0:26:22.280
<v Speaker 3>and at some point in time he throws human waste

0:26:22.400 --> 0:26:26.560
<v Speaker 3>on a security guard, and I'm just like, scared shitless.

0:26:26.560 --> 0:26:31.520
<v Speaker 3>I don't know what's going on. Their guards would appear

0:26:31.560 --> 0:26:36.639
<v Speaker 3>to be swat uniforms and riot shields and everything. Coming

0:26:36.680 --> 0:26:41.240
<v Speaker 3>down the tier. They're dragging this person out by force.

0:26:41.400 --> 0:26:44.480
<v Speaker 3>They're beating him, and I guess I'm curious. I'm sort

0:26:44.520 --> 0:26:48.399
<v Speaker 3>of looking, you know. I guess maybe I should have

0:26:48.440 --> 0:26:50.960
<v Speaker 3>known better than to try to look. When one of

0:26:51.000 --> 0:26:55.080
<v Speaker 3>the gods saw me looking, he's like, what the fuck

0:26:55.080 --> 0:26:58.080
<v Speaker 3>are you looking at? He turns around and sprayed me

0:26:58.200 --> 0:27:02.800
<v Speaker 3>with a pepper spray of mace for about twenty thirty seconds.

0:27:03.119 --> 0:27:03.359
<v Speaker 2>Wow.

0:27:03.400 --> 0:27:07.040
<v Speaker 3>And the only thing I knew was my lungs were burning,

0:27:07.119 --> 0:27:09.639
<v Speaker 3>my face was burning, and it was sort of like

0:27:09.680 --> 0:27:13.640
<v Speaker 3>a welcomed angola. That was my first night in the penitentiary.

0:27:13.960 --> 0:27:17.760
<v Speaker 1>So and then things get even crazier. So you end

0:27:17.840 --> 0:27:20.440
<v Speaker 1>up working on a chain gang.

0:27:20.640 --> 0:27:21.080
<v Speaker 2>Is that right?

0:27:21.160 --> 0:27:24.320
<v Speaker 3>I mean, I don't know that chain gang is a

0:27:24.320 --> 0:27:29.000
<v Speaker 3>little bit misleading because we're not actually linked by chains.

0:27:28.480 --> 0:27:30.840
<v Speaker 2>Right, But it's a term that applies.

0:27:30.440 --> 0:27:38.720
<v Speaker 3>To It's a group of inmates working under the supervision

0:27:38.920 --> 0:27:43.320
<v Speaker 3>of gun guards on horses in the swamps. It could

0:27:43.359 --> 0:27:46.840
<v Speaker 3>be swamps, it could be anywhere on the farm.

0:27:47.480 --> 0:27:50.080
<v Speaker 1>Here's a clip where Burl Caine, the warden, talks about

0:27:50.080 --> 0:27:52.760
<v Speaker 1>the infamous history of Louisiana State Penitentiary.

0:27:53.000 --> 0:27:55.359
<v Speaker 6>The work in the farm is critical angela. That's what

0:27:55.400 --> 0:27:57.840
<v Speaker 6>it is. It's a plantation in prison. It was that

0:27:57.920 --> 0:28:01.560
<v Speaker 6>way throughout its entire history important that we have agriculture

0:28:01.600 --> 0:28:03.800
<v Speaker 6>here on the farm that provide work for the innate,

0:28:03.920 --> 0:28:06.080
<v Speaker 6>which you know is good for them because they have

0:28:06.160 --> 0:28:08.919
<v Speaker 6>something to do to use after energy and so forth.

0:28:09.240 --> 0:28:14.080
<v Speaker 3>It turned out that I was working in what they

0:28:14.080 --> 0:28:17.119
<v Speaker 3>called camp a Line twenty one under one of the

0:28:17.119 --> 0:28:25.520
<v Speaker 3>most vicious inhuman farm bosses that Angola had at the time,

0:28:26.560 --> 0:28:31.040
<v Speaker 3>and I found it difficult at my age and my

0:28:31.160 --> 0:28:34.760
<v Speaker 3>physical condition to keep up with the average man who

0:28:34.880 --> 0:28:38.720
<v Speaker 3>was only in their early twenties and I'm thirty seven

0:28:38.840 --> 0:28:42.120
<v Speaker 3>thirty eight years old at this time in horrible shape.

0:28:42.760 --> 0:28:47.400
<v Speaker 3>But one of the things that this particular field foreman

0:28:48.320 --> 0:28:53.080
<v Speaker 3>used to enjoy doing to torment the people under his supervision.

0:28:54.400 --> 0:28:58.320
<v Speaker 3>He would put us, say on the levee cutting high

0:28:58.360 --> 0:29:01.239
<v Speaker 3>grass with what they called ditch bank blade, which is

0:29:01.960 --> 0:29:05.600
<v Speaker 3>it's impossible to describe on air, but it's this huge,

0:29:05.680 --> 0:29:10.280
<v Speaker 3>heavy cutting blade. And what he would do is they

0:29:10.360 --> 0:29:13.560
<v Speaker 3>might have been close to one hundred men in the line.

0:29:14.520 --> 0:29:17.840
<v Speaker 3>He would put us up on the levee and there

0:29:17.880 --> 0:29:21.040
<v Speaker 3>would be two inmates with a water bucket, and he'd

0:29:21.080 --> 0:29:24.440
<v Speaker 3>tell the people with the water bucket. I want y'all

0:29:24.440 --> 0:29:28.880
<v Speaker 3>to move about a mile down the road with the

0:29:29.480 --> 0:29:33.080
<v Speaker 3>gun guard supervising you, and he said, y'all keep moving

0:29:33.120 --> 0:29:37.200
<v Speaker 3>that water bucket and don't let anybody have water, because

0:29:37.240 --> 0:29:42.280
<v Speaker 3>it says until ten people pass out from the heat,

0:29:42.440 --> 0:29:45.960
<v Speaker 3>I'm not letting anybody drink water. And that was a

0:29:46.000 --> 0:29:49.680
<v Speaker 3>typical day working for this man mac Shaw, where he

0:29:49.720 --> 0:29:53.920
<v Speaker 3>would see people pass out fall out, as we'd say,

0:29:54.360 --> 0:29:59.320
<v Speaker 3>from heat stroke, heat exhaustion, from lack of water, and

0:29:59.480 --> 0:30:02.959
<v Speaker 3>once a whatever number he arbitrarily determined he wanted to

0:30:03.000 --> 0:30:05.520
<v Speaker 3>pass out and be carried off in the back of

0:30:05.560 --> 0:30:11.040
<v Speaker 3>a truck for disciplinary purposes. Then he'd let everybody else

0:30:12.080 --> 0:30:13.080
<v Speaker 3>have a drink of water.

0:30:14.040 --> 0:30:17.680
<v Speaker 1>And then things got really crazy because at one point

0:30:18.920 --> 0:30:19.920
<v Speaker 1>you were singled out.

0:30:20.240 --> 0:30:22.720
<v Speaker 3>It was at more than one point, I mean, it

0:30:22.840 --> 0:30:27.880
<v Speaker 3>seemed it was something that happened day after day, every

0:30:27.880 --> 0:30:32.320
<v Speaker 3>time I'd go in the field. I never had the

0:30:32.400 --> 0:30:34.760
<v Speaker 3>distinction of being one of the people. I guess I

0:30:34.840 --> 0:30:38.360
<v Speaker 3>was fortunate enough that I could go without drinking water

0:30:38.440 --> 0:30:41.240
<v Speaker 3>longer than other people that I might not be one

0:30:41.240 --> 0:30:43.680
<v Speaker 3>of the first five to ten people to pass out

0:30:43.720 --> 0:30:48.920
<v Speaker 3>from heatstroke and lack of water. But I certainly wasn't

0:30:49.000 --> 0:30:52.200
<v Speaker 3>keeping up with the work quote according to this field form,

0:30:52.240 --> 0:30:56.200
<v Speaker 3>and he would just almost every day that I went

0:30:56.240 --> 0:30:59.600
<v Speaker 3>to work, he would write me up on a disciplinary report,

0:31:00.240 --> 0:31:04.840
<v Speaker 3>lock me up in administrative segregation to be disciplined by

0:31:04.880 --> 0:31:09.040
<v Speaker 3>the disciplinary court. They would hear my case and say

0:31:09.200 --> 0:31:12.640
<v Speaker 3>it would say something like I flatly refused to work. Well,

0:31:12.680 --> 0:31:16.800
<v Speaker 3>I never ever flatly refused to work. I simply worked

0:31:17.560 --> 0:31:20.760
<v Speaker 3>until I couldn't work anymore, or I worked at the

0:31:20.800 --> 0:31:24.520
<v Speaker 3>fastest pace I was capable of. But the field foreman

0:31:25.240 --> 0:31:29.040
<v Speaker 3>never wrote the truth on a disciplinary report, and the

0:31:29.080 --> 0:31:33.600
<v Speaker 3>disciplinary board that helped court, they didn't. They knew what

0:31:33.600 --> 0:31:36.720
<v Speaker 3>the truth was, but they would just continue to stack

0:31:36.840 --> 0:31:40.760
<v Speaker 3>punishment on you, and I'd be sent back out to work.

0:31:41.720 --> 0:31:46.080
<v Speaker 1>It's it's just I don't I can't even I can't

0:31:46.120 --> 0:31:49.080
<v Speaker 1>find any words. The good news is you're a smart guy.

0:31:49.200 --> 0:31:53.160
<v Speaker 1>You're a guy of an educated guy, somebody who can

0:31:53.440 --> 0:31:54.760
<v Speaker 1>can really think for himself.

0:31:55.200 --> 0:31:57.360
<v Speaker 2>So you get to the point.

0:31:57.160 --> 0:31:59.000
<v Speaker 1>Where you realize, if you're going to get out, you're

0:31:59.040 --> 0:32:00.640
<v Speaker 1>going to have to be the one to do it.

0:32:00.360 --> 0:32:01.600
<v Speaker 2>Is that a fair statement?

0:32:01.840 --> 0:32:05.280
<v Speaker 3>That absolutely? And I would say that I worked as

0:32:05.280 --> 0:32:08.320
<v Speaker 3>a clerk in an air conditioned office in the print

0:32:08.360 --> 0:32:12.600
<v Speaker 3>shop silkscreen shop at Angola for a little bit over

0:32:12.640 --> 0:32:16.720
<v Speaker 3>a year, but I knew I my ultimate goal was

0:32:16.760 --> 0:32:19.520
<v Speaker 3>I want to get the hell out of prison. And

0:32:19.840 --> 0:32:25.280
<v Speaker 3>everybody that I associated with said, you know, you'd probably

0:32:25.280 --> 0:32:27.240
<v Speaker 3>be better off going to be what they call an

0:32:27.280 --> 0:32:33.880
<v Speaker 3>inmate council substitute or prison lawyer working in the law library,

0:32:35.040 --> 0:32:39.320
<v Speaker 3>and I finally decided I'd apply for that job. I

0:32:39.400 --> 0:32:42.160
<v Speaker 3>did end up with a job over there, and over

0:32:42.200 --> 0:32:48.960
<v Speaker 3>the next several years, I learned the law. I think

0:32:49.000 --> 0:32:53.280
<v Speaker 3>I became pretty proficient with it. And after I had

0:32:53.360 --> 0:32:57.480
<v Speaker 3>exhausted all of my appeals in state court, after I

0:32:57.480 --> 0:33:01.640
<v Speaker 3>had gone through hundreds of thousands of dollars on about

0:33:01.720 --> 0:33:05.360
<v Speaker 3>seven different lawyers who all promised to do something, but

0:33:05.440 --> 0:33:09.120
<v Speaker 3>no one followed through and did what I hired him

0:33:09.120 --> 0:33:15.080
<v Speaker 3>to do, I finally sat back, spent six months researching

0:33:15.240 --> 0:33:18.720
<v Speaker 3>and another two to three months writing my own federal

0:33:18.720 --> 0:33:22.160
<v Speaker 3>writ one hundred percent on my own or with having

0:33:22.200 --> 0:33:29.840
<v Speaker 3>other inmate counsels review it give me their critique. I

0:33:29.880 --> 0:33:34.040
<v Speaker 3>filed my rit a Habeas Corpus into the federal court

0:33:34.120 --> 0:33:38.520
<v Speaker 3>system on my own. I didn't know what my chances

0:33:38.560 --> 0:33:41.560
<v Speaker 3>were going to bed. I figured slim to none at best,

0:33:42.400 --> 0:33:47.120
<v Speaker 3>but I felt like, at this point in time, if

0:33:47.160 --> 0:33:50.120
<v Speaker 3>I'm denied, I'm going to be denied on my own terms,

0:33:50.560 --> 0:34:06.680
<v Speaker 3>and I'll have given it my best shot. Finally, one

0:34:06.760 --> 0:34:12.560
<v Speaker 3>day they call me for legal mail. So I get

0:34:12.640 --> 0:34:16.120
<v Speaker 3>up at like five o'clock in the morning, go eat breakfast.

0:34:16.760 --> 0:34:20.200
<v Speaker 3>I went to the window where they pass out the

0:34:20.280 --> 0:34:23.480
<v Speaker 3>legal mail. They had me a little brown envelope and

0:34:23.560 --> 0:34:25.359
<v Speaker 3>I was scared shitless to open it.

0:34:25.400 --> 0:34:29.280
<v Speaker 1>I'm like, because if if it's if it's the wrong answer,

0:34:29.440 --> 0:34:29.879
<v Speaker 1>you're done.

0:34:29.960 --> 0:34:31.239
<v Speaker 2>This is your last appeal, right.

0:34:31.120 --> 0:34:33.560
<v Speaker 3>It's the wrong answer. I had a plan to escape

0:34:33.600 --> 0:34:37.560
<v Speaker 3>from Angola, and my escape from Mangola was I had

0:34:37.680 --> 0:34:43.360
<v Speaker 3>enough drugs in my possession hidden that probably within twenty

0:34:43.360 --> 0:34:46.080
<v Speaker 3>four hours, I was gonna od and that's how I

0:34:46.120 --> 0:34:47.920
<v Speaker 3>was going to get out of prison. And that had

0:34:47.960 --> 0:34:52.560
<v Speaker 3>been something I had planned for months, anticipating a negative

0:34:52.600 --> 0:34:53.680
<v Speaker 3>response from the court.

0:34:53.800 --> 0:34:55.560
<v Speaker 1>So I'm getting the chills right now. So you've got

0:34:55.560 --> 0:34:59.400
<v Speaker 1>this envelope and it's gonna it's gonna basically tell you

0:34:59.440 --> 0:35:01.399
<v Speaker 1>whether you're gonna will ever die. At this point, you've

0:35:01.440 --> 0:35:04.480
<v Speaker 1>been in prison for fourteen years, fourteen years. It's been

0:35:04.760 --> 0:35:08.040
<v Speaker 1>a long time, exactly. I'd put up with as much

0:35:08.080 --> 0:35:11.279
<v Speaker 1>as I felt like I could live with. And I

0:35:11.320 --> 0:35:15.720
<v Speaker 1>felt like my children were getting up in age, and

0:35:15.800 --> 0:35:17.719
<v Speaker 1>as much as I love them, as much as I

0:35:17.760 --> 0:35:20.279
<v Speaker 1>felt that they loved me, they continue to visit me

0:35:20.360 --> 0:35:24.319
<v Speaker 1>almost every opportunity that they got. I felt I was

0:35:24.360 --> 0:35:29.320
<v Speaker 1>doing them a disservice by having them come to visit

0:35:29.360 --> 0:35:33.160
<v Speaker 1>me in prison, by having them try to explain to

0:35:33.239 --> 0:35:38.919
<v Speaker 1>their friends in college, well, why can't you hang out

0:35:38.920 --> 0:35:41.040
<v Speaker 1>with us this weekend? Oh, because I'm going to the

0:35:41.040 --> 0:35:46.560
<v Speaker 1>penitentiary to see my dad. And I think I probably

0:35:47.120 --> 0:35:50.160
<v Speaker 1>was looking at it the wrong way, and I know

0:35:50.200 --> 0:35:53.080
<v Speaker 1>I would have heard them tremendously, but I felt like

0:35:53.320 --> 0:35:56.000
<v Speaker 1>the best thing for myself and for my children in

0:35:56.040 --> 0:35:57.080
<v Speaker 1>the long run.

0:35:57.400 --> 0:35:58.400
<v Speaker 3>Was to take my life.

0:35:59.160 --> 0:36:00.440
<v Speaker 2>Fortunately it to that.

0:36:00.480 --> 0:36:04.240
<v Speaker 1>Because you're sitting here now, and so you've got this envelope,

0:36:04.280 --> 0:36:05.600
<v Speaker 1>what do you do?

0:36:05.600 --> 0:36:06.239
<v Speaker 2>Do you open it?

0:36:06.400 --> 0:36:09.600
<v Speaker 3>I went to the law library where I worked, and

0:36:10.520 --> 0:36:13.080
<v Speaker 3>I locked it in the bottom cabinet. I'm like, I'm

0:36:13.120 --> 0:36:16.719
<v Speaker 3>the only person here this early in the morning. I

0:36:16.760 --> 0:36:19.399
<v Speaker 3>just need somebody else around me. When I opened this up,

0:36:20.440 --> 0:36:25.760
<v Speaker 3>So about half hour forty five minutes later, a couple

0:36:25.760 --> 0:36:28.520
<v Speaker 3>of my close friends that work in the law library

0:36:28.800 --> 0:36:33.080
<v Speaker 3>lived around me. They came in and I told my

0:36:33.200 --> 0:36:37.120
<v Speaker 3>one friend, Mike Singletary, who was my closest friend in

0:36:37.160 --> 0:36:40.279
<v Speaker 3>the law library at that time. I said, Mike, I

0:36:40.320 --> 0:36:43.440
<v Speaker 3>got my decision from the federal court. And he says, well,

0:36:43.480 --> 0:36:45.640
<v Speaker 3>what's it say? I said, I don't know, Mike, I

0:36:45.680 --> 0:36:48.799
<v Speaker 3>don't have the nerve to open it. And he says,

0:36:48.880 --> 0:36:51.640
<v Speaker 3>oh my god, he said, come on, give me that envelope.

0:36:51.680 --> 0:36:54.799
<v Speaker 3>I'll open it for you. So I said, yeah, but

0:36:54.840 --> 0:36:56.959
<v Speaker 3>I said he took it out of my hands. After

0:36:56.960 --> 0:36:59.399
<v Speaker 3>I got it out the cabinet, he opened it. I said,

0:36:59.400 --> 0:37:02.560
<v Speaker 3>now let me read that, Mike, don't so I took

0:37:02.600 --> 0:37:06.160
<v Speaker 3>a couple of big, deep breaths uh. And I don't

0:37:06.200 --> 0:37:08.720
<v Speaker 3>know how. My heart was probably beaten two hundred beats

0:37:08.719 --> 0:37:11.920
<v Speaker 3>a minute, and I was shaking, and nine is right now,

0:37:12.000 --> 0:37:15.040
<v Speaker 3>and I know the aser and I opened the UH

0:37:16.239 --> 0:37:20.800
<v Speaker 3>writ to the last page, and all of a sudden,

0:37:20.840 --> 0:37:25.279
<v Speaker 3>I just stopped shaking, and I guess sort of a

0:37:25.320 --> 0:37:28.920
<v Speaker 3>smile came over my face, and for the first time

0:37:29.600 --> 0:37:34.320
<v Speaker 3>since my wife's funeral, I cried. I started crying almost

0:37:34.400 --> 0:37:40.880
<v Speaker 3>uncontrollably when I read that the magistrate judge recommended that

0:37:40.960 --> 0:37:45.440
<v Speaker 3>my conviction be set aside and that I'll be you know, freed.

0:37:46.160 --> 0:37:50.520
<v Speaker 3>I just, against all odds, I went up against the

0:37:50.520 --> 0:37:55.279
<v Speaker 3>most conservative federal magistrate in the Eastern District for the

0:37:55.320 --> 0:37:59.000
<v Speaker 3>State of Louisiana, who, according to what I had been told,

0:37:59.640 --> 0:38:04.560
<v Speaker 3>had never before granted a writ filed by an inmate

0:38:04.640 --> 0:38:05.560
<v Speaker 3>on their room. Behalf.

0:38:06.040 --> 0:38:12.120
<v Speaker 1>That's a happy ending to an incredibly terrible saga. And

0:38:12.200 --> 0:38:15.920
<v Speaker 1>you're back and I've gotten to know you well. Doug

0:38:16.080 --> 0:38:22.200
<v Speaker 1>is now working closely with the Rising Foundation in New Orleans,

0:38:22.560 --> 0:38:26.440
<v Speaker 1>helping other exoneries to rebuild their lives on the outside,

0:38:27.360 --> 0:38:30.799
<v Speaker 1>using the skills that he has to help them with

0:38:30.880 --> 0:38:34.680
<v Speaker 1>everything from you know, you name a job applications to

0:38:34.960 --> 0:38:40.280
<v Speaker 1>tax problems to building their houses to you know, fixing things,

0:38:41.239 --> 0:38:48.680
<v Speaker 1>getting employment. He's he's become a tremendous advocate for not

0:38:48.719 --> 0:38:51.879
<v Speaker 1>only the Innocence Project and innocence projects, although in your

0:38:51.920 --> 0:38:56.800
<v Speaker 1>case you represented yourself, but really somebody who has devoted

0:38:56.880 --> 0:39:01.839
<v Speaker 1>himself to helping others, which is quite an extraordinary thing.

0:39:02.120 --> 0:39:06.359
<v Speaker 1>It makes me really so proud to know you and

0:39:06.400 --> 0:39:09.839
<v Speaker 1>to be a part of your life. It's important to

0:39:09.880 --> 0:39:13.920
<v Speaker 1>note in all of this that the compensation that you

0:39:14.000 --> 0:39:17.560
<v Speaker 1>were given ultimately by the state was paltry, to say

0:39:17.600 --> 0:39:19.480
<v Speaker 1>the least, right because people ask me all the time, well,

0:39:19.480 --> 0:39:21.799
<v Speaker 1>these guys must get they must get millions of dollars

0:39:21.880 --> 0:39:23.279
<v Speaker 1>when they get out. I mean, after what you went

0:39:23.320 --> 0:39:27.000
<v Speaker 1>through fourteen years in Angola prison and all the stuff,

0:39:27.160 --> 0:39:30.279
<v Speaker 1>almost being beaten to death, all the other indignities that

0:39:30.360 --> 0:39:34.239
<v Speaker 1>you suffered, and the fact that you were so egregiously framed.

0:39:34.719 --> 0:39:40.040
<v Speaker 3>The compensation in the state of Louisiana allows for twenty

0:39:40.040 --> 0:39:42.960
<v Speaker 3>five thousand dollars a year for a maximum of ten

0:39:43.040 --> 0:39:49.840
<v Speaker 3>years of incarceration. It's doled out at twenty five thousand

0:39:49.880 --> 0:39:54.600
<v Speaker 3>dollars a year over ten years, which gives a person

0:39:55.120 --> 0:39:57.879
<v Speaker 3>barely enough to exist on if you have a very

0:39:58.080 --> 0:40:03.600
<v Speaker 3>modest lifestyle for ten years. But the other thing, I mean,

0:40:04.320 --> 0:40:11.240
<v Speaker 3>in my case, it fell short one hundred and thirty

0:40:11.280 --> 0:40:17.160
<v Speaker 3>seven thousand dollars short of my actual expenses, so I

0:40:17.200 --> 0:40:19.520
<v Speaker 3>didn't even recoup what I spent.

0:40:19.880 --> 0:40:21.680
<v Speaker 2>Right, because you had actually spent the money on.

0:40:21.640 --> 0:40:23.360
<v Speaker 3>Attorneys on my legal defense.

0:40:25.800 --> 0:40:28.160
<v Speaker 1>You basically paid ten thousand dollars a year to be

0:40:28.200 --> 0:40:29.439
<v Speaker 1>locked up for fourteen.

0:40:29.160 --> 0:40:30.120
<v Speaker 2>Years is what it comes down to.

0:40:30.239 --> 0:40:32.040
<v Speaker 3>That's about what it comes down to.

0:40:32.480 --> 0:40:34.520
<v Speaker 1>It's important to note that there are twenty states that

0:40:34.600 --> 0:40:36.880
<v Speaker 1>have no compensation statutes, and the ones that do have

0:40:36.960 --> 0:40:40.279
<v Speaker 1>compensation statutes, some of them are even worse than Louisiana,

0:40:40.400 --> 0:40:41.040
<v Speaker 1>like Wisconsin.

0:40:41.120 --> 0:40:44.440
<v Speaker 3>You know, people think that, oh, you were proven that

0:40:44.480 --> 0:40:49.319
<v Speaker 3>you were wrongfully convicted, you must have gotten millions. Well no,

0:40:49.560 --> 0:40:53.560
<v Speaker 3>I'm still struggle to this day. I was never able

0:40:53.640 --> 0:40:58.080
<v Speaker 3>to repay my children for selling their interest in their

0:40:58.120 --> 0:41:02.680
<v Speaker 3>family homes so I could hire that lust attorney. And

0:41:02.719 --> 0:41:04.960
<v Speaker 3>it's just not right, not just for me, but for

0:41:05.200 --> 0:41:10.200
<v Speaker 3>all of the men in Louisiana and elsewhere too, and elsewhere.

0:41:10.320 --> 0:41:12.520
<v Speaker 1>According to the National Registry of his Honerations, there have

0:41:12.520 --> 0:41:15.560
<v Speaker 1>been forty six exonerations in Louisiana since nineteen eighty nine,

0:41:15.560 --> 0:41:18.120
<v Speaker 1>and a quarter them occurred in Jefferson County, the same

0:41:18.160 --> 0:41:21.640
<v Speaker 1>office that prosecuted you. The sad truth is that there's

0:41:22.320 --> 0:41:26.440
<v Speaker 1>probably hundreds, if not thousands of other Doug deloss in

0:41:26.520 --> 0:41:30.120
<v Speaker 1>Louisiana alone. It's certainly around the country, and I can

0:41:30.160 --> 0:41:34.080
<v Speaker 1>tell you that we won't stop until we exonerate as

0:41:34.120 --> 0:41:36.120
<v Speaker 1>many of them as we possibly can.

0:41:42.000 --> 0:41:43.640
<v Speaker 2>People say to me, you know my work, I think

0:41:43.640 --> 0:41:44.160
<v Speaker 2>it's inspired.

0:41:44.239 --> 0:41:46.200
<v Speaker 1>They say, what that? But prosecutors they don't lie that.

0:41:46.239 --> 0:41:50.360
<v Speaker 1>People don't understand like it's it's it's Unfortunately, it's common,

0:41:50.840 --> 0:41:52.960
<v Speaker 1>which is why we asked Nina Morrison to join us

0:41:53.040 --> 0:41:56.359
<v Speaker 1>in the studio today. Welcome to Ronful Conviction with Jason

0:41:56.360 --> 0:41:57.120
<v Speaker 1>Flommer's good.

0:41:56.960 --> 0:41:58.680
<v Speaker 2>To have you here. Thank you, good to be here.

0:41:59.000 --> 0:42:02.120
<v Speaker 1>So Nina is the your staff attorney at the Innocence Project.

0:42:02.800 --> 0:42:06.640
<v Speaker 1>She litigates claims for access to post conviction DNA evidence

0:42:06.760 --> 0:42:10.680
<v Speaker 1>under both federal civil rights laws and state DNA testing statutes.

0:42:11.320 --> 0:42:14.000
<v Speaker 1>To date, Ms Morrison has served as lead or co

0:42:14.000 --> 0:42:17.280
<v Speaker 1>counsel for more than twenty innocent prisoners who were freed

0:42:17.320 --> 0:42:21.120
<v Speaker 1>from prison or even death row based on DNA or

0:42:21.160 --> 0:42:24.440
<v Speaker 1>other newly discovered evidence. So, can you explain to us

0:42:24.560 --> 0:42:27.200
<v Speaker 1>what exactly is a Brady violation? We talk about it

0:42:27.239 --> 0:42:27.560
<v Speaker 1>a lot.

0:42:27.480 --> 0:42:27.919
<v Speaker 2>On the show.

0:42:28.080 --> 0:42:34.080
<v Speaker 4>Yeah, So, a Brady violation is where a prosecutor doesn't

0:42:34.120 --> 0:42:38.200
<v Speaker 4>give the defense evidence that either the prosecutor or the

0:42:38.200 --> 0:42:40.880
<v Speaker 4>police or some other agent of the state like a

0:42:40.920 --> 0:42:45.120
<v Speaker 4>crime lab has that is favorable to the defendant's case.

0:42:45.160 --> 0:42:49.160
<v Speaker 4>Sometimes it's proof of their innocence. You know, another suspect

0:42:49.200 --> 0:42:51.760
<v Speaker 4>who was seen in the area, somebody else who admitted

0:42:51.760 --> 0:42:55.960
<v Speaker 4>to the crime. Sometimes it's evidence that shows that a witness,

0:42:56.360 --> 0:42:59.360
<v Speaker 4>you know, who claimed to be an eyewitness, was you know,

0:42:59.520 --> 0:43:01.799
<v Speaker 4>high out of their minds that night according to five

0:43:01.880 --> 0:43:04.759
<v Speaker 4>other people, or couldn't have seen what they said they said.

0:43:04.760 --> 0:43:06.880
<v Speaker 4>There's a whole array of stuff. It's basically anything that

0:43:06.960 --> 0:43:09.719
<v Speaker 4>helps the defense. And it's a strange system when you

0:43:09.760 --> 0:43:12.960
<v Speaker 4>think about it, because you know, prosecutors and defense layers

0:43:13.000 --> 0:43:15.280
<v Speaker 4>go into court, they're fighting hard in these big murder

0:43:15.320 --> 0:43:18.680
<v Speaker 4>cases or rape cases or other hard fought criminal trials,

0:43:19.320 --> 0:43:21.440
<v Speaker 4>and the way the law is set up is the

0:43:21.440 --> 0:43:25.839
<v Speaker 4>prosecutor has to give the other side something voluntarily that

0:43:25.960 --> 0:43:28.560
<v Speaker 4>might make them lose, and we trust them in most

0:43:28.560 --> 0:43:31.160
<v Speaker 4>places to turn it over, so they say, I'm fulfilling

0:43:31.200 --> 0:43:34.440
<v Speaker 4>my Brady obligations, and there's no check on it until

0:43:34.480 --> 0:43:37.360
<v Speaker 4>after the case is over, and sometimes not even then until.

0:43:37.160 --> 0:43:38.080
<v Speaker 2>It's literally too late.

0:43:38.120 --> 0:43:43.840
<v Speaker 1>And this leaves a very wide lane open for the

0:43:43.880 --> 0:43:46.919
<v Speaker 1>bad actors in the system, the bad prosecutors to do

0:43:47.280 --> 0:43:49.719
<v Speaker 1>what they feel like on a given day, and to

0:43:49.880 --> 0:43:54.759
<v Speaker 1>really railroad people who are just regular people like you

0:43:54.840 --> 0:43:57.400
<v Speaker 1>and I who get find themselves stuck in this nightmare.

0:43:57.440 --> 0:43:58.600
<v Speaker 1>People like Doug Delosa.

0:43:58.719 --> 0:44:01.239
<v Speaker 4>Yeah so, and they're even worse news in terms of

0:44:01.320 --> 0:44:04.319
<v Speaker 4>how it gets dealt with after the trial. Because if

0:44:04.360 --> 0:44:07.800
<v Speaker 4>you discover that a prosecutor in your case withheld Brady

0:44:07.840 --> 0:44:12.520
<v Speaker 4>material something favorable to you, your conviction doesn't automatically get reversed.

0:44:12.920 --> 0:44:16.520
<v Speaker 4>You then, according to US Supreme Court case law, have

0:44:16.760 --> 0:44:20.399
<v Speaker 4>to show an appeals court that the violation is what

0:44:20.480 --> 0:44:23.680
<v Speaker 4>the courts call material, which means it actually made a difference.

0:44:24.000 --> 0:44:26.600
<v Speaker 4>So you basically have to come in after the fact

0:44:26.600 --> 0:44:29.160
<v Speaker 4>when a jury never heard this information, a witness was

0:44:29.200 --> 0:44:31.839
<v Speaker 4>never cross examined on it, and say, you know, Judge,

0:44:31.880 --> 0:44:34.600
<v Speaker 4>if I'd had this, I would have argued this. I

0:44:34.640 --> 0:44:37.240
<v Speaker 4>would have said that the jury wouldn't have believed this person.

0:44:37.280 --> 0:44:39.880
<v Speaker 4>And here's why you have to kind of have a

0:44:40.080 --> 0:44:43.360
<v Speaker 4>mental do over a hypothetical due over of the trial.

0:44:43.600 --> 0:44:46.680
<v Speaker 4>And if they say, eh, you know, it made a difference, maybe,

0:44:46.719 --> 0:44:49.239
<v Speaker 4>but we don't know, it might not necessarily have made

0:44:49.239 --> 0:44:52.640
<v Speaker 4>a difference in the outcome. So it's what's called harmless error.

0:44:53.120 --> 0:44:55.319
<v Speaker 1>So, Nina, I wanted to ask you how common are

0:44:55.360 --> 0:44:57.640
<v Speaker 1>these Brady violations it you know, we.

0:44:57.600 --> 0:45:00.840
<v Speaker 4>Don't know because by definition, men of them are hidden.

0:45:01.080 --> 0:45:03.680
<v Speaker 4>We know that we have seen them in a very

0:45:03.719 --> 0:45:08.000
<v Speaker 4>significant proportion of our cases. You know, there's at least

0:45:08.000 --> 0:45:10.879
<v Speaker 4>fifteen featured cases on the Innocence Project website just from

0:45:10.880 --> 0:45:15.080
<v Speaker 4>the last few years that involve serious Brady violations which

0:45:15.080 --> 0:45:18.080
<v Speaker 4>we uncover in the course of investigating a client's other

0:45:18.400 --> 0:45:22.640
<v Speaker 4>claim of innocence. And there is no scientific way to

0:45:22.640 --> 0:45:24.799
<v Speaker 4>study them because by definition, there are things that haven't

0:45:24.840 --> 0:45:27.080
<v Speaker 4>been turned over. It's sort of like everyone we find

0:45:27.239 --> 0:45:30.160
<v Speaker 4>is in some ways by chance. You don't have a

0:45:30.239 --> 0:45:32.160
<v Speaker 4>right to get a lot of files. After somebody has

0:45:32.200 --> 0:45:34.920
<v Speaker 4>been convicted. Things get destroyed. I wake up at nights

0:45:34.960 --> 0:45:38.480
<v Speaker 4>sometimes worrying about you know, these days, when almost everything

0:45:38.560 --> 0:45:40.799
<v Speaker 4>is electronic, we don't have the piece of paper in

0:45:40.800 --> 0:45:42.640
<v Speaker 4>the file anymore the way we used to in the

0:45:42.640 --> 0:45:44.960
<v Speaker 4>cases from the eighties and early nineties. Now it's all

0:45:45.560 --> 0:45:48.400
<v Speaker 4>in a memo on somebody's computer and they hit delete,

0:45:48.480 --> 0:45:51.160
<v Speaker 4>or that person leave the office and it's gone. It's

0:45:51.160 --> 0:45:52.840
<v Speaker 4>in an email, it's in a voicemail, it's in a

0:45:52.880 --> 0:45:53.960
<v Speaker 4>text from a witness.

0:45:54.000 --> 0:45:57.440
<v Speaker 1>It's you know, you know, it's really a level of

0:45:57.560 --> 0:46:02.239
<v Speaker 1>evil that in this particular case, I don't know what

0:46:02.280 --> 0:46:03.040
<v Speaker 1>else to call it.

0:46:03.440 --> 0:46:04.879
<v Speaker 2>The prosecutor is.

0:46:06.400 --> 0:46:08.480
<v Speaker 4>And you know, I know, Barry check in one of

0:46:08.480 --> 0:46:11.319
<v Speaker 4>your other episodes when you had Barry Gibson was talking

0:46:11.360 --> 0:46:13.960
<v Speaker 4>about this concept of noble cause corruption, which I think

0:46:14.040 --> 0:46:15.879
<v Speaker 4>is a very real phenomenon. You know, I don't think

0:46:15.920 --> 0:46:19.840
<v Speaker 4>even the prosecutors that we've caught red handed withholding evidence,

0:46:22.040 --> 0:46:25.640
<v Speaker 4>I think most, if not all of them honestly believed

0:46:25.680 --> 0:46:28.000
<v Speaker 4>that they were doing it for a higher purpose, which is,

0:46:28.040 --> 0:46:30.480
<v Speaker 4>they had a killer sitting in the courtroom who was

0:46:30.520 --> 0:46:32.799
<v Speaker 4>going to get away with murder if they didn't win

0:46:32.840 --> 0:46:36.160
<v Speaker 4>their case, and so they convinced themselves that whatever they

0:46:36.200 --> 0:46:39.400
<v Speaker 4>were holding back was not really proof of innocence. It

0:46:39.640 --> 0:46:43.479
<v Speaker 4>was something the defense would use to create a smoke screen. Right.

0:46:44.280 --> 0:46:45.520
<v Speaker 2>But the law's the law.

0:46:45.800 --> 0:46:48.000
<v Speaker 4>You have a job as an officer of the court

0:46:48.040 --> 0:46:50.520
<v Speaker 4>to follow the law and turn it over. And now

0:46:50.560 --> 0:46:53.480
<v Speaker 4>we know that many of those people were actually innocent,

0:46:53.600 --> 0:46:56.600
<v Speaker 4>So we see what the real harm is from that

0:46:57.080 --> 0:46:58.880
<v Speaker 4>skirting the ethical line.

0:46:59.400 --> 0:47:05.240
<v Speaker 1>So bring this to the sort of the practical question

0:47:05.560 --> 0:47:07.400
<v Speaker 1>of what can be done.

0:47:07.680 --> 0:47:09.920
<v Speaker 4>We at the Innocence Project are working on a couple

0:47:09.960 --> 0:47:13.799
<v Speaker 4>of things to police things before trial happens. So one

0:47:13.840 --> 0:47:15.560
<v Speaker 4>of the things we are trying to do is get

0:47:15.640 --> 0:47:20.040
<v Speaker 4>judges to take a more active role in ensuring that

0:47:20.080 --> 0:47:25.120
<v Speaker 4>Brady's guarantee is a real one by putting prosecutors on

0:47:25.160 --> 0:47:29.120
<v Speaker 4>the record issuing court orders to say, I want you

0:47:29.200 --> 0:47:31.840
<v Speaker 4>to check these five locations to see if there's anything

0:47:31.880 --> 0:47:34.360
<v Speaker 4>favorable to the defense, and I'm going to have a

0:47:34.440 --> 0:47:37.919
<v Speaker 4>conference a month before the trial to see how it's going.

0:47:38.000 --> 0:47:39.680
<v Speaker 4>What have you turned over, what are you looking for?

0:47:39.760 --> 0:47:42.200
<v Speaker 4>And at that point the defense lawyer will have an

0:47:42.239 --> 0:47:45.280
<v Speaker 4>opportunity to speak up and say, I haven't gotten anything

0:47:45.280 --> 0:47:47.560
<v Speaker 4>on the witness statements. I don't know who what these

0:47:47.560 --> 0:47:50.720
<v Speaker 4>witness statements are. And our theory is, you know, for example,

0:47:50.760 --> 0:47:53.319
<v Speaker 4>two black men came in and did this crime. Are

0:47:53.360 --> 0:47:57.280
<v Speaker 4>there any reports of suspicious African Americans in the area,

0:47:57.360 --> 0:47:59.000
<v Speaker 4>whether you think they did it or not? You know,

0:47:59.040 --> 0:48:01.719
<v Speaker 4>is there anything we should invest to gate? And the

0:48:01.800 --> 0:48:04.240
<v Speaker 4>reason why you want to have the judges be policing

0:48:04.280 --> 0:48:06.680
<v Speaker 4>it is that if you lie to a judge, you

0:48:06.760 --> 0:48:09.640
<v Speaker 4>can get charged with contemptive court and lose your law

0:48:09.680 --> 0:48:12.520
<v Speaker 4>license and even go to jail. And on the back end,

0:48:12.640 --> 0:48:16.120
<v Speaker 4>we need to take accountability seriously, you know, we need

0:48:16.160 --> 0:48:21.160
<v Speaker 4>to make sure that the state bars have a culture

0:48:21.200 --> 0:48:24.080
<v Speaker 4>where they can go after just as they would a

0:48:24.120 --> 0:48:27.600
<v Speaker 4>lawyer who doesn't give a client all their money back

0:48:27.840 --> 0:48:30.239
<v Speaker 4>or didn't do the job they were hired to do

0:48:30.400 --> 0:48:32.880
<v Speaker 4>in a trust, some estates case or a civil case,

0:48:32.920 --> 0:48:35.839
<v Speaker 4>that they will go after the prosecutors who break the law,

0:48:36.440 --> 0:48:39.560
<v Speaker 4>even if it's not politically easy to do. And then lastly,

0:48:40.160 --> 0:48:42.920
<v Speaker 4>you know, it is very hard, as you know, and

0:48:42.960 --> 0:48:45.399
<v Speaker 4>you've talked about on your show, for prosecutors to ever

0:48:45.440 --> 0:48:49.880
<v Speaker 4>be sued civilly and even for states or counties to

0:48:50.760 --> 0:48:55.480
<v Speaker 4>be held liable for the misconduct of prosecutors. Prosecutors are

0:48:55.600 --> 0:48:58.839
<v Speaker 4>what's called immune from suit in all but a few

0:48:58.920 --> 0:49:03.120
<v Speaker 4>very rare cases. And so if a prosecutor knows of

0:49:03.160 --> 0:49:05.680
<v Speaker 4>some favorable evidence and doesn't turn it over, the court

0:49:05.800 --> 0:49:07.799
<v Speaker 4>Supreme Court has said, well, you can go after them

0:49:08.200 --> 0:49:10.759
<v Speaker 4>on bar discipline, or you can maybe criminally prosecute them.

0:49:11.280 --> 0:49:16.080
<v Speaker 4>Talk about Fox and Penhouse, right, but you can't see

0:49:16.160 --> 0:49:19.000
<v Speaker 4>them unless there's a pattern and practice of violations, and

0:49:19.040 --> 0:49:20.600
<v Speaker 4>those are very hard to prove, and.

0:49:20.760 --> 0:49:25.120
<v Speaker 1>Criminal prosecutions of prosecutors are extremely difficult, not least it,

0:49:25.120 --> 0:49:28.960
<v Speaker 1>which was because prosecutors generally don't like prosecuting prosecutors.

0:49:28.360 --> 0:49:30.719
<v Speaker 4>Correct, and they will air I mean, you know, they

0:49:30.760 --> 0:49:33.279
<v Speaker 4>will give every benefit of the doubt. Oh they missed it,

0:49:33.360 --> 0:49:35.680
<v Speaker 4>they were busy, they thought they turned it over, they

0:49:35.760 --> 0:49:38.600
<v Speaker 4>put it in the wrong notebook. You know, yes they did.

0:49:38.680 --> 0:49:40.480
<v Speaker 4>The defense layer says they didn't have it, but we

0:49:40.520 --> 0:49:43.160
<v Speaker 4>think they did. I mean, you know, and look, our

0:49:43.200 --> 0:49:45.040
<v Speaker 4>clients should have been so lucky to get the benefit

0:49:45.080 --> 0:49:47.240
<v Speaker 4>of every doubt when they were being accused of a crime.

0:49:47.640 --> 0:49:50.080
<v Speaker 1>Thank you so much for being on Wrongful Conviction with

0:49:50.160 --> 0:49:53.320
<v Speaker 1>Jason Flom And it was great.

0:49:53.719 --> 0:49:54.560
<v Speaker 2>It's great to have you here.

0:49:54.600 --> 0:49:55.160
<v Speaker 4>Thanks so much.

0:49:55.200 --> 0:49:56.000
<v Speaker 2>It's great to be here.

0:50:01.719 --> 0:50:04.359
<v Speaker 1>Don't forget to give us a fantastic review. Wherever you

0:50:04.400 --> 0:50:06.120
<v Speaker 1>get your podcasts.

0:50:05.560 --> 0:50:06.480
<v Speaker 2>It really helps.

0:50:06.880 --> 0:50:09.719
<v Speaker 1>And I'm a proud donor to the Innocence Project and

0:50:09.800 --> 0:50:12.520
<v Speaker 1>I really hope you'll join me in supporting this very

0:50:12.520 --> 0:50:16.560
<v Speaker 1>important cause and helping to prevent future wrongful convictions. Go

0:50:16.600 --> 0:50:19.600
<v Speaker 1>to Innocenceproject dot org to learn how to donate and

0:50:19.640 --> 0:50:22.800
<v Speaker 1>get involved. I'd like to thank our production team, Connor

0:50:22.840 --> 0:50:25.560
<v Speaker 1>Hall and Kevin Wartis. The music in the show is

0:50:25.600 --> 0:50:29.080
<v Speaker 1>by three time OSCAR nominated composer Jay Ralph. Be sure

0:50:29.120 --> 0:50:32.239
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0:50:32.280 --> 0:50:33.200
<v Speaker 1>Facebook at.

0:50:33.160 --> 0:50:34.640
<v Speaker 2>Wrongful Conviction podcast.

0:50:35.000 --> 0:50:38.080
<v Speaker 1>Wrongful Conviction with Jason Flamm is a production of Lava

0:50:38.080 --> 0:50:41.680
<v Speaker 1>for Good Podcasts and association with Signal Company Number one