WEBVTT - #540 Jason Flom with Joe Berlinger on the West Memphis 3

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<v Speaker 1>Last time we talked about the West Memphis Three, we

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<v Speaker 1>interviewed documentarian Joe Burlinger about his experience filming the victim's

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<v Speaker 1>families and the three suspected killers before and during the trial,

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<v Speaker 1>and how his realization of their innocence changed the direction

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<v Speaker 1>of his life's work. To add greater context in our episode,

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<v Speaker 1>we edited in excerpts from our previous interviews with Jason

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<v Speaker 1>Baldwin and Damian Eccles of the West Memphis Three, who

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<v Speaker 1>to recap, had been released on an Alfred plea along

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<v Speaker 1>with Jesse Miskale, were all excluded from some crime scene

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<v Speaker 1>evidence by later DNA testing, and one hair sample also

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<v Speaker 1>included one of the victim's stepfathers, but the West Memphis

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<v Speaker 1>Three are still fighting to clear their names. A twenty

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<v Speaker 1>twenty one Arkansas law allowed for new DNA testing with

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<v Speaker 1>more modern methodologies, and when they sought this testing, the

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<v Speaker 1>state represented in court that all crime scene evidence had

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<v Speaker 1>been destroyed, But in the same year a box belonging

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<v Speaker 1>to the West Memphis Police Department was located and it

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<v Speaker 1>held some missing evidence from their case, including the shoelaces

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<v Speaker 1>that had been used to bind the three young victims,

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<v Speaker 1>as well as a hare that might match the long

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<v Speaker 1>ignored alternative suspect from the po Jangles restaurant twenty twenty two.

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<v Speaker 1>Denial of further testing was reversed in twenty twenty four,

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<v Speaker 1>and after additional proceedings, testing is finally going to move forward,

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<v Speaker 1>hopefully towards the real perpetrator or perpetrators of this horrible crime. Now,

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<v Speaker 1>without any further ado, here's our interview mashup with Joe

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<v Speaker 1>Burlinger and the West Memphis Three.

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<v Speaker 2>In May nineteen ninety three, three young Arkansas boys Stevie Branch,

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<v Speaker 2>Christopher Byers, and Michael Moore went missing.

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<v Speaker 3>Three little cub scouts, hog tied and left in an

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<v Speaker 3>Arkansas dis one.

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<v Speaker 4>Of the most controversial legal cases in the state's history,

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<v Speaker 4>they found the man guilty of murdering the eight year

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<v Speaker 4>old boys back in nineteen ninety three, in what prosecutors

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<v Speaker 4>at the time had called some sort of a satanic ritual.

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<v Speaker 3>Celebrities fighting for the teen's release claimed the kids were

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<v Speaker 3>railroaded because of their mumllets, dark clothes, and fascination with.

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<v Speaker 1>The occult sticking killings that might have been part of

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<v Speaker 1>a satanic ritual. Convicted murderers Jason Baldwin, Jesse mss Kelly,

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<v Speaker 1>and Damian Eccles are now free men.

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<v Speaker 3>They spent seventeen years in prison for a crime that

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<v Speaker 3>stunned dark and so West Memphis three would be allowed

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<v Speaker 3>to walk out of prison, but prosecutors agreed to sign

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<v Speaker 3>off on the deal only if the defendants would plead guilty.

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<v Speaker 5>A long time on death row for something that you

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<v Speaker 5>insist you didn't do. There's always the possibility that the

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<v Speaker 5>person that you're killing is asking this is wrongful conviction.

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<v Speaker 2>Hey y'all, it's Maggie. I'm here to tell you about

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<v Speaker 2>a new show I've been working on for the past

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<v Speaker 2>two years called Graves County. And it's an investigative series

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<v Speaker 2>about the murder of a young mom in Kentucky and

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<v Speaker 2>just how far our legal system will go in order

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<v Speaker 2>to find someone to blame. Here is the trailer for

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<v Speaker 2>Graves County.

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<v Speaker 1>All I know is what I've been told, and that's

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<v Speaker 1>a half truth is a whole live.

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<v Speaker 2>For almost a decade, the murder of an eighteen year

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<v Speaker 2>old girl from a small town in Graves County, Kentucky,

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<v Speaker 2>went unsolved until a local homemaker, a journalist, and a

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<v Speaker 2>handful of girls came forward with a story.

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<v Speaker 6>I'm telling you, we know, we know a story that

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<v Speaker 6>law enforcement used to convict six people, and that got

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<v Speaker 6>the Citizen Investigator on national TV.

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<v Speaker 4>Through sheer persistence and nerve, this Kentucky housewife helped give

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<v Speaker 4>justice to Jessica Current.

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<v Speaker 2>My name is Maggie Freeling. I'm a Pulitzer winning journalist producer,

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<v Speaker 2>and I wouldn't be here if the truth were that

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<v Speaker 2>easy to find.

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<v Speaker 3>I did not know her, and I did not kill

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<v Speaker 3>her or raid or burn or any of that other

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<v Speaker 3>stuff that y'all said it.

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<v Speaker 6>They literally made me say that I took a match

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<v Speaker 6>and struck and threw it on her. They made me

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<v Speaker 6>say that I'm pore guests on her.

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<v Speaker 2>From LoVa for Good. This is Graves County, a show

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<v Speaker 2>about just how far our legal system will go in

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<v Speaker 2>order to find someone to blame Marka.

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<v Speaker 7>Y'all gotta work the hell up.

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<v Speaker 8>Bad things happens to good people in small towns.

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<v Speaker 2>Listen to Graves County in the Bone Valley Feed starting

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<v Speaker 2>September seventeenth, on the iHeartRadio app, Apple Podcasts or wherever

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<v Speaker 2>you get your podcasts, and to binge. The entire season

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<v Speaker 2>ad free subscribe to Lava for Good plus on Apple Podcasts.

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<v Speaker 1>Welcome back to Wrongful Conviction today. I have a special

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<v Speaker 1>show for you, and I think it's going to be

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<v Speaker 1>a real treat because with me, I have a guy

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<v Speaker 1>who has done profound work in film dealing with wrongful convictions.

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<v Speaker 1>I'm super excited to have him here to share some

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<v Speaker 1>stories and some wisdom and his outlooks. So Joe Burlinger,

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<v Speaker 1>Welcome to Wrongful Conviction.

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<v Speaker 7>Jason.

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<v Speaker 1>Thanks.

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<v Speaker 7>I'm a big fan of the podcast and a fan

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<v Speaker 7>of you, so I'm glad to be here. In fact,

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<v Speaker 7>it amazes me that since I consider myself a music

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<v Speaker 7>and wrongful conviction guy and you're amazing music and wrongful

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<v Speaker 7>conviction guy, I'm amazed. We haven't met until recently, which

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<v Speaker 7>is why this podcast came to be. We shared a

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<v Speaker 7>nice dinner together.

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<v Speaker 1>Yeah, we had dinner recently with Damian Eccles and Amanda

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<v Speaker 1>Knox and so we really connected. And it's interesting because

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<v Speaker 1>I do sort of music and justice. You do film

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<v Speaker 1>music injustice. And the thing that you've been known for

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<v Speaker 1>is your movie about the West, Memphis three, because it

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<v Speaker 1>was such an important not only such an important documentary,

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<v Speaker 1>but also such an important moment in the changing of

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<v Speaker 1>the perception of the American public and the worldwide public

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<v Speaker 1>as to how these things happen. And I'm interested to

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<v Speaker 1>know how did you because you know, you and I

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<v Speaker 1>both were in criminal justice reform before it was sort

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<v Speaker 1>of a thing, right, I mean, we were early adopters,

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<v Speaker 1>and I like to say we were before it was cool,

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<v Speaker 1>but that sounds ridiculous, but anyway, true. Listen, I'm glad

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<v Speaker 1>it's cool because we need more and more people.

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<v Speaker 7>We didn't have enough storytellers shining a light on injustice

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<v Speaker 7>and activists trying to change this miserable system we have.

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<v Speaker 1>No we need an army. And so you made this

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<v Speaker 1>remarkable Paradise Lost trilogy that I'm holding in my hand

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<v Speaker 1>right now, which told the story of the three kids.

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<v Speaker 1>And they were kids. They were teenagers, Damian Eccles, Jason Baldwin,

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<v Speaker 1>and Jesse Miss who were persecuted, prosecuted, arrested, tried, convicted

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<v Speaker 1>for one of the most gruesome and notorious triple murders

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<v Speaker 1>in the history of the world. Yeah, from the three

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<v Speaker 1>eight year old boys that went missing in West Memphis, Arkansas,

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<v Speaker 1>out riding their bikes and turned up in a riverbank, tortured,

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<v Speaker 1>brutally assaulted, sexually mutilated, and of course dead. And how

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<v Speaker 1>did it come to be that? And we'll get into

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<v Speaker 1>how the wrong conviction happened, but how did you go

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<v Speaker 1>from being a filmmaker to being this guy? And how

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<v Speaker 1>were you made aware of this case? And how did

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<v Speaker 1>you get involved? And boy, it's a good thing you did,

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<v Speaker 1>or Damien would have been executed by now.

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<v Speaker 7>Yeah, you know, it's amazing and thank you for all that.

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<v Speaker 7>That's very kind of you to say, because you've also

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<v Speaker 7>done amazing work, which I appreciate. You know, my first film,

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<v Speaker 7>which I should say, Paradise Lost and Brothers Keeper were

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<v Speaker 7>made with Bruce Sinofsky, who recently passed away. You know,

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<v Speaker 7>so if I revert to the eyes, I always mean we.

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<v Speaker 7>But you know we had made Brothers Keeper, which there

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<v Speaker 7>was no sense of social justice behind the making of

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<v Speaker 7>that movie. That was purely an aesthetic exercise to push

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<v Speaker 7>the documentary form a little further. You know, there was

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<v Speaker 7>a handful of filmmakers in the late eighties early nineties

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<v Speaker 7>that were looking to expand what it means to be

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<v Speaker 7>a documentary. Errol Morris did it with thin Blue Line.

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<v Speaker 7>But his contribution, besides the wrongful conviction aspect, was you know,

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<v Speaker 7>pushing recreations to a whole new level. Michael Moore was

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<v Speaker 7>pushing documentary by you know, the filmmaker as on camera curmudgeon,

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<v Speaker 7>you know, crusading for a social cause. That was new.

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<v Speaker 7>Morgan Spurlock then picked up that kind of thread in others.

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<v Speaker 7>What we were trying to do with Brothers Keeper was

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<v Speaker 7>simply by using a murder trial because it has perfect

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<v Speaker 7>dramatic structure. Is to take the documentary and create a

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<v Speaker 7>just a film that feels like a narrative film because

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<v Speaker 7>of how it shot, how it's edited, how it looks,

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<v Speaker 7>how it structured, and to push the documentary form. I

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<v Speaker 7>had no interest in social justice, no interest in wrongful

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<v Speaker 7>I didn't even know wrongful convictions took place back then.

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<v Speaker 7>I was very naive about the justice system. And Brother's

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<v Speaker 7>Keeper was very successful. And so Sheila Nevians from HBO

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<v Speaker 7>came a calling. You know, she was until very recently

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<v Speaker 7>the head of documentaries at HBO for three decades. And

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<v Speaker 7>if I had to pick one person responsible for expanding

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<v Speaker 7>the form to what it is today, Sheila would be

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<v Speaker 7>that woman. But she also likes salacious material, and so

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<v Speaker 7>she read this story about three devil worshiping teens who

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<v Speaker 7>were just been arrested for these horrible crimes, and she

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<v Speaker 7>wanted a satanic kids killing kids movie because it seemed

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<v Speaker 7>like that was the case. So one week after the

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<v Speaker 7>arrests of the three. Of course they weren't called the

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<v Speaker 7>West Memphis three back then, they were these rotten teenagers

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<v Speaker 7>accused of these horrible crimes. We went down to West Memphis, Arkansas,

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<v Speaker 7>in June of ninety three, thinking we were making a

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<v Speaker 7>film about kids killing kids. All the press was saying

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<v Speaker 7>they were guilty Jesse miss Kelly's confession without any context.

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<v Speaker 7>The multiple statements over time were reduced to a digestible

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<v Speaker 7>paragraph without context, published in the local paper. So we

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<v Speaker 7>thought there was a confession. You know, the prosecution and

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<v Speaker 7>the police were saying at press conferences on a scale

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<v Speaker 7>of one to ten, this is an eleven. I was

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<v Speaker 7>going down as a filmmaker, coming off of a really

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<v Speaker 7>great experience on my first film of pushing the form

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<v Speaker 7>of documentary, but no idea of social justice.

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<v Speaker 1>We go down.

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<v Speaker 7>We embed with the families of the victims. Mainly the

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<v Speaker 7>trial is still seven months away. For the first three

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<v Speaker 7>months of the project, we really spent time with the

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<v Speaker 7>families of the victims, and of course they hated these

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<v Speaker 7>guys and thought they were, you know, the devil, and

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<v Speaker 7>we had no reason to believe otherwise.

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<v Speaker 1>On season seven of Wrongful Conviction, on the fifth episode,

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<v Speaker 1>I interviewed Damien eccles. Here's an excerpt. We were an outcast, right,

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<v Speaker 1>and there were these very small minded people around who

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<v Speaker 1>sort of came to this instinctual call it conclusion that

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<v Speaker 1>it must be the weird kid, right, it must be

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<v Speaker 1>the kid that wears black and listens to heavy metal.

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<v Speaker 1>And this was during the Satanic Panic as well. Right

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<v Speaker 1>back then, for those of you who are old enough

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<v Speaker 1>to remember, in the early nineties, there was this very

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<v Speaker 1>strange thing that was going on in America with rumors

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<v Speaker 1>of Satanic cults and stuff like that. None of them

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<v Speaker 1>turned out to be true. But that's beside the point.

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<v Speaker 5>So what happened for me my entire life, The thing

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<v Speaker 5>that has been most important to me, that I love

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<v Speaker 5>the most, that my life always sort of revolved around,

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<v Speaker 5>was Western hermeticism ceremonial magic. All the way back from

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<v Speaker 5>when I was a child but I lived in an

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<v Speaker 5>incredibly right wing fundamentalist town where I mean, there were

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<v Speaker 5>places in this town where you come to a four

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<v Speaker 5>corner stop and on all four corners of the street

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<v Speaker 5>will be churches.

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<v Speaker 1>It's like Starbucks.

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<v Speaker 5>Now, yeah, that's exactly what it was like. And if

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<v Speaker 5>you didn't belong to, you know, one of these mainstream

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<v Speaker 5>for that area, mainstream fundamentalist religions, you were automatically.

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<v Speaker 1>Viewed as suspicious.

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<v Speaker 5>You were Satanic.

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<v Speaker 1>That's what they thought.

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<v Speaker 5>And it didn't matter if you were a Buddhist or

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<v Speaker 5>a Hindu or something like that. You're still satanic. You

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<v Speaker 5>just don't know you're a Satanist. You're just being tricked

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<v Speaker 5>by the devil into thinking there's some other religion.

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<v Speaker 1>You know.

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<v Speaker 5>The fact that I actually did love ceremonial magic, and

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<v Speaker 5>that's been one of their things that you know, they

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<v Speaker 5>harp on forever that that is Satanism. So that was

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<v Speaker 5>a huge part of what made them focus on me

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<v Speaker 5>as well. You know, that was what they thought made

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<v Speaker 5>me a freak. They think, automatically, you're a Satanist. It

0:12:36.040 --> 0:12:38.200
<v Speaker 5>would take a Satanist to commit a crime like this.

0:12:39.200 --> 0:12:41.600
<v Speaker 5>Stick all those things together and they didn't even look

0:12:41.640 --> 0:12:42.840
<v Speaker 5>for anybody or anything else.

0:12:43.240 --> 0:12:46.920
<v Speaker 1>So in this case, they focused on you, and then

0:12:46.960 --> 0:12:49.320
<v Speaker 1>they had to find a way to get to you,

0:12:49.440 --> 0:12:53.240
<v Speaker 1>right because there was no evidence connecting you, no, So

0:12:53.360 --> 0:12:57.160
<v Speaker 1>they found a way, and that way was Jesse Mscally exactly.

0:12:57.640 --> 0:13:01.640
<v Speaker 1>So they originally sort of tricked into confessing and he

0:13:01.640 --> 0:13:04.160
<v Speaker 1>immediately recanted after he confessed.

0:13:04.640 --> 0:13:08.720
<v Speaker 5>Of somewhere between seventy and seventy two, and they interrogated him.

0:13:09.320 --> 0:13:11.200
<v Speaker 5>I can't remember exactly how many hours it was. It

0:13:11.240 --> 0:13:14.600
<v Speaker 5>was something like between twelve and fourteen hours. And they're

0:13:14.679 --> 0:13:18.240
<v Speaker 5>tilling this guy who has an IQ that's way way

0:13:18.280 --> 0:13:20.280
<v Speaker 5>below normal. They're telling him things like, you know, just

0:13:20.679 --> 0:13:22.240
<v Speaker 5>tell us what we want to know and we'll let

0:13:22.280 --> 0:13:24.520
<v Speaker 5>you go home. So they finally get this guy to confess,

0:13:24.720 --> 0:13:27.000
<v Speaker 5>and he can't get anything about the crime scene, right

0:13:27.040 --> 0:13:29.400
<v Speaker 5>because he wasn't actually there, so he didn't know anything.

0:13:30.440 --> 0:13:31.080
<v Speaker 1>They didn't care.

0:13:31.320 --> 0:13:33.000
<v Speaker 5>The only thing they cared about was the fact that

0:13:33.000 --> 0:13:34.079
<v Speaker 5>they got him to say yes.

0:13:34.280 --> 0:13:36.600
<v Speaker 1>And we also know, Damien, that people who are most

0:13:36.600 --> 0:13:39.760
<v Speaker 1>susceptible to this are adolescents. We now know that the

0:13:39.800 --> 0:13:42.480
<v Speaker 1>human brain isn't fully formed until you're twenty five. He

0:13:42.640 --> 0:13:46.200
<v Speaker 1>was sixteen, right seventeen, and with his low IQ, he

0:13:46.360 --> 0:13:50.360
<v Speaker 1>was totally outmatched, overwhelmed, and probably after twelve to fourteen

0:13:50.400 --> 0:13:53.600
<v Speaker 1>hours he would have confessed to know anything killing Abraham

0:13:53.679 --> 0:13:56.800
<v Speaker 1>Lincoln exactly, I mean, just to go home. So he

0:13:56.920 --> 0:13:59.880
<v Speaker 1>implicated you and Jason. So Jason was sort of your

0:14:00.000 --> 0:14:02.960
<v Speaker 1>one and best and pretty much only friend at the time, right,

0:14:03.600 --> 0:14:06.480
<v Speaker 1>And he was just physical appearances, he didn't have the

0:14:06.520 --> 0:14:09.040
<v Speaker 1>same stigma that you did, right. He was sort of

0:14:09.080 --> 0:14:12.839
<v Speaker 1>just an average looking kid, very young looking, must have

0:14:12.840 --> 0:14:16.080
<v Speaker 1>weighed one hundred pounds or less. Didn't look like a killer, right,

0:14:16.240 --> 0:14:18.920
<v Speaker 1>But to them you did exactly. And he got caught

0:14:18.960 --> 0:14:20.760
<v Speaker 1>up in all of this too, yep, just because he

0:14:20.840 --> 0:14:25.800
<v Speaker 1>knew me, right, unbelievable. On season two of Wrongful Conviction,

0:14:26.080 --> 0:14:29.400
<v Speaker 1>Episode eight, I interviewed Jason Baldwin. Here's what he had

0:14:29.440 --> 0:14:30.440
<v Speaker 1>to say.

0:14:30.760 --> 0:14:34.120
<v Speaker 9>And so when the police came, honestly, it didn't really

0:14:34.160 --> 0:14:36.160
<v Speaker 9>scare me or alarm me, because I figured they were

0:14:36.200 --> 0:14:38.960
<v Speaker 9>going everywhere. I figured it was door to door, you know,

0:14:39.040 --> 0:14:41.480
<v Speaker 9>that they were talking to everybody they could, you know,

0:14:41.880 --> 0:14:44.640
<v Speaker 9>And to me that made sense, you know, that was logical.

0:14:45.080 --> 0:14:47.760
<v Speaker 9>But what I didn't know that they were targeting us.

0:14:48.000 --> 0:14:52.320
<v Speaker 1>So now everything goes completely haywire and you guys get arrested.

0:14:52.440 --> 0:14:56.040
<v Speaker 9>Correct, They mugshot in me, But when they fingerprinted me,

0:14:56.440 --> 0:14:59.240
<v Speaker 9>they didn't stop there. They took a fingerprint, They took

0:14:59.280 --> 0:15:04.040
<v Speaker 9>an entire hand impression. They took my entire footprints, right,

0:15:04.400 --> 0:15:06.240
<v Speaker 9>and then they took me to the hospital and they

0:15:06.240 --> 0:15:10.760
<v Speaker 9>took hair samples, they took saliva samples, they took blood samples.

0:15:11.120 --> 0:15:13.360
<v Speaker 9>When they were taking these samples from me, it gave

0:15:13.440 --> 0:15:16.800
<v Speaker 9>me hope because I thought, Okay, whoever committed this crime,

0:15:17.040 --> 0:15:20.360
<v Speaker 9>they've left something for the police to compare my samples to, right,

0:15:20.720 --> 0:15:23.400
<v Speaker 9>and so that's where my hope was. And now at

0:15:23.400 --> 0:15:26.600
<v Speaker 9>this point I had already been engaged with the police,

0:15:26.640 --> 0:15:28.640
<v Speaker 9>and they had asked me, you know, questions and stuff,

0:15:28.640 --> 0:15:30.720
<v Speaker 9>and I told them where I was at, and they

0:15:30.880 --> 0:15:35.760
<v Speaker 9>absolutely refused the truth. They kept telling me, no, we've

0:15:35.760 --> 0:15:39.280
<v Speaker 9>got another story. Your friend has told us that you

0:15:39.320 --> 0:15:41.280
<v Speaker 9>have done this and that what you're telling us is

0:15:41.320 --> 0:15:43.480
<v Speaker 9>not true. I'm like, well, who is this friend? And

0:15:43.520 --> 0:15:46.400
<v Speaker 9>they refused to tell me. The boys' bodies were found

0:15:46.400 --> 0:15:49.920
<v Speaker 9>May the sixth, we were arrested. Jesse Muskelli gave the

0:15:49.920 --> 0:15:52.360
<v Speaker 9>false confession on June third, But what many people have

0:15:52.480 --> 0:15:55.760
<v Speaker 9>not really noticed it. On May the fifteenth, just a

0:15:55.880 --> 0:15:58.600
<v Speaker 9>couple of weeks after the boys' bodies were found, Jesse

0:15:58.920 --> 0:16:01.520
<v Speaker 9>went to the police with another friend because there was

0:16:01.560 --> 0:16:05.400
<v Speaker 9>a tip line and a reward offered out for any

0:16:05.440 --> 0:16:08.240
<v Speaker 9>information on who may have committed this crime. Now, Jesse

0:16:08.600 --> 0:16:11.760
<v Speaker 9>did not know who committed his crime, but he wanted

0:16:11.800 --> 0:16:14.680
<v Speaker 9>the reward money. He was imagining the brand new truck

0:16:14.720 --> 0:16:16.880
<v Speaker 9>he could buy his father and things like that. So

0:16:17.000 --> 0:16:19.640
<v Speaker 9>him and another kid out of his trailer park went

0:16:19.680 --> 0:16:22.840
<v Speaker 9>to the police and said, there's this suspicious guy in

0:16:22.880 --> 0:16:25.560
<v Speaker 9>the town that you know, you need to check out.

0:16:25.600 --> 0:16:28.440
<v Speaker 9>And I don't know exactly what all he told them

0:16:28.480 --> 0:16:31.480
<v Speaker 9>about this guy or whatever, but they ended up telling him, Jesse,

0:16:31.600 --> 0:16:34.120
<v Speaker 9>you need to come back with a more believable story

0:16:34.160 --> 0:16:38.040
<v Speaker 9>than that. Right, a few weeks go by, now they're

0:16:38.120 --> 0:16:41.920
<v Speaker 9>saying they've got that believable story when he gives the

0:16:41.960 --> 0:16:43.880
<v Speaker 9>false confession against Damian on me.

0:16:45.600 --> 0:16:49.320
<v Speaker 7>Then we finally negotiated access. They were all in county

0:16:49.400 --> 0:16:53.600
<v Speaker 7>jail awaiting trial, and somehow we taught you know, documentary

0:16:53.680 --> 0:16:55.800
<v Speaker 7>was a little more naive in those days in terms

0:16:55.840 --> 0:16:58.920
<v Speaker 7>of people's perceptions, and so we were able. I mean,

0:16:58.920 --> 0:17:01.080
<v Speaker 7>one of the amazing things about Paradise losses just where

0:17:01.120 --> 0:17:03.520
<v Speaker 7>we stuck our camera. I mean, we got tremendous access,

0:17:03.520 --> 0:17:06.080
<v Speaker 7>which I don't think we'd ever get today, luckily for

0:17:06.359 --> 0:17:09.440
<v Speaker 7>all involved. But we finally negotiated access to the West

0:17:09.520 --> 0:17:13.679
<v Speaker 7>Memphis three and again they weren't called that then, and

0:17:13.760 --> 0:17:16.400
<v Speaker 7>we did our first series of interviews, and I think

0:17:16.440 --> 0:17:19.919
<v Speaker 7>I'm sitting down with killers, you know, horrible kids, wanting

0:17:19.920 --> 0:17:23.720
<v Speaker 7>to understand how three teens could be so disaffected from

0:17:23.760 --> 0:17:26.600
<v Speaker 7>life that they would they would do this horrible thing.

0:17:27.040 --> 0:17:29.840
<v Speaker 7>There were some killings in the UK on railroad tracks

0:17:29.920 --> 0:17:32.960
<v Speaker 7>just a few years before, you know, the Jamie Bolger

0:17:33.040 --> 0:17:35.320
<v Speaker 7>case that actually I had tried to get access to

0:17:35.359 --> 0:17:37.920
<v Speaker 7>and make a film about. So my head is kids

0:17:38.000 --> 0:17:40.240
<v Speaker 7>killing kids, it's a trend, let's make a film about it.

0:17:40.920 --> 0:17:43.840
<v Speaker 7>Of course, the late eighties was the whole Satanic panic

0:17:43.880 --> 0:17:47.159
<v Speaker 7>and Satanic hysteria. I was a young filmmaker and you know,

0:17:47.520 --> 0:17:50.520
<v Speaker 7>didn't have any reason to think that wasn't necessarily true.

0:17:50.680 --> 0:17:53.520
<v Speaker 7>So I went into this project. In the great irony

0:17:54.320 --> 0:17:57.320
<v Speaker 7>is that, you know, two decades and three films later,

0:17:57.520 --> 0:18:01.280
<v Speaker 7>this crusade to get these guys out. Started off as

0:18:01.520 --> 0:18:04.720
<v Speaker 7>let's make a film about these rotten punks. So we

0:18:04.800 --> 0:18:09.640
<v Speaker 7>sit down, we do our first series of interviews. Honestly,

0:18:09.720 --> 0:18:12.560
<v Speaker 7>Damien was a little hard to read. I look back now,

0:18:12.640 --> 0:18:16.240
<v Speaker 7>Obviously he was in shock. He didn't believe he would

0:18:16.280 --> 0:18:20.840
<v Speaker 7>actually be convicted. Not to be judgmental, I mean, Damien's

0:18:20.880 --> 0:18:23.520
<v Speaker 7>a hero to me, who's gone through the most amazing journey.

0:18:23.520 --> 0:18:26.200
<v Speaker 7>But that first interview I couldn't quite tell with him.

0:18:26.280 --> 0:18:30.440
<v Speaker 7>But the person who really just whatever sense of tapping

0:18:30.480 --> 0:18:33.320
<v Speaker 7>into something that I had at the time. It was

0:18:33.359 --> 0:18:37.439
<v Speaker 7>talking to Jason Baldwin where I just said, this doesn't

0:18:37.440 --> 0:18:40.480
<v Speaker 7>add up four months before the trial, three months into

0:18:40.520 --> 0:18:43.640
<v Speaker 7>being embedded in West Memphis, Arkansas, because we spent literally

0:18:43.640 --> 0:18:48.400
<v Speaker 7>seven months camping out there before the trial started. And

0:18:48.600 --> 0:18:50.919
<v Speaker 7>it's not like a light bulb went off and I said,

0:18:51.359 --> 0:18:54.560
<v Speaker 7>oh my god, they're innocent. But something didn't seem right.

0:18:54.720 --> 0:18:57.560
<v Speaker 7>And so I remember calling Sheila Evans, who, again, to

0:18:57.600 --> 0:19:02.040
<v Speaker 7>her credit, she's an amazing catalyst for what documentary has become,

0:19:02.119 --> 0:19:06.719
<v Speaker 7>but she also likes, you know, salacious subject matter. And

0:19:06.760 --> 0:19:09.280
<v Speaker 7>she had sent me down, or sent us down to

0:19:09.280 --> 0:19:13.040
<v Speaker 7>make a film about teen Satanic Killers. So I remember

0:19:13.080 --> 0:19:15.520
<v Speaker 7>picking up the phone calling her to let her know

0:19:15.680 --> 0:19:18.440
<v Speaker 7>that something. You know, I'm not sure these guys are guilty,

0:19:18.480 --> 0:19:20.480
<v Speaker 7>and I'm not sure the film is what you think

0:19:20.520 --> 0:19:23.800
<v Speaker 7>it's going to be a little trepidacious that she was

0:19:23.880 --> 0:19:26.520
<v Speaker 7>going to cancel the project, but I felt I had

0:19:26.560 --> 0:19:28.520
<v Speaker 7>to tell her. You know, we're like four months in

0:19:28.720 --> 0:19:31.960
<v Speaker 7>and we've gathered enough information that these kids seem like

0:19:32.000 --> 0:19:34.400
<v Speaker 7>they're the wrong guys had been picked up. I also

0:19:34.520 --> 0:19:37.639
<v Speaker 7>created this incredible moral ambiguity because we had convinced the

0:19:37.640 --> 0:19:39.960
<v Speaker 7>parents of the victims that we were here to tell

0:19:40.000 --> 0:19:43.679
<v Speaker 7>their story, and they were utterly convinced of their guilt.

0:19:44.040 --> 0:19:47.560
<v Speaker 7>But I called Sheila, and to her credit, she said, oh,

0:19:47.640 --> 0:19:50.320
<v Speaker 7>that sounds even more interesting. Stick with it, because she

0:19:50.320 --> 0:19:51.680
<v Speaker 7>couldn't pulled the plug.

0:19:51.800 --> 0:19:51.960
<v Speaker 1>You know.

0:19:52.000 --> 0:19:53.919
<v Speaker 7>And it's the number one lesson. I mean, I'm not

0:19:53.960 --> 0:19:56.520
<v Speaker 7>sure if there are filmmakers in the in your audience

0:19:56.640 --> 0:19:59.280
<v Speaker 7>or whatever, but my number one lesson that I tell

0:19:59.320 --> 0:20:03.480
<v Speaker 7>people about filmmaking is never, particularly in documentary, never lock

0:20:03.560 --> 0:20:05.760
<v Speaker 7>into the preconceived idea of what you think your film

0:20:05.800 --> 0:20:07.520
<v Speaker 7>is about, because you'll miss the story. If we had

0:20:07.520 --> 0:20:10.920
<v Speaker 7>locked into teen Satan Killers, and hadn't opened our eyes

0:20:10.960 --> 0:20:13.040
<v Speaker 7>to the real story, we might have missed the story.

0:20:13.520 --> 0:20:15.800
<v Speaker 7>But I never imagined that it would actually ever get

0:20:15.840 --> 0:20:18.199
<v Speaker 7>to trial because I had faith in the justice system.

0:20:18.280 --> 0:20:22.639
<v Speaker 7>I never imagined that evidence such as Metallica lyrics or

0:20:22.760 --> 0:20:25.680
<v Speaker 7>Stephen King novels would be presented in a court of

0:20:25.760 --> 0:20:28.480
<v Speaker 7>law in the United States of America as the main evidence,

0:20:28.640 --> 0:20:32.200
<v Speaker 7>and that somebody could be convicted on literally no forensic evidence,

0:20:32.200 --> 0:20:33.840
<v Speaker 7>no blood at the crime scene. I mean, you know,

0:20:33.960 --> 0:20:35.800
<v Speaker 7>you know the details of this case, and.

0:20:35.760 --> 0:20:38.199
<v Speaker 1>So yeah, but it's worth refreshing that.

0:20:39.520 --> 0:20:42.879
<v Speaker 5>We're at the police station. The only thing. Every so

0:20:43.000 --> 0:20:44.880
<v Speaker 5>often one of the cops would come in and say,

0:20:44.880 --> 0:20:47.040
<v Speaker 5>are you ready to make your confession? Yet I would

0:20:47.080 --> 0:20:48.000
<v Speaker 5>just stand there and look at them.

0:20:48.040 --> 0:20:48.640
<v Speaker 1>They would leave.

0:20:48.880 --> 0:20:51.280
<v Speaker 5>I stood there all night long until the next day

0:20:51.359 --> 0:20:54.000
<v Speaker 5>they got me and took me into a courtroom. They

0:20:54.000 --> 0:20:57.679
<v Speaker 5>tell me, you know, somebody's already confessed to this crime.

0:20:58.160 --> 0:21:01.640
<v Speaker 5>They've implicated you, saying you were the ring leader of this.

0:21:01.880 --> 0:21:04.639
<v Speaker 5>So now what you need to do is confess to

0:21:04.680 --> 0:21:07.160
<v Speaker 5>this and say no, you weren't the ring leader they were.

0:21:07.320 --> 0:21:09.080
<v Speaker 5>Try to put the blame back on them, or you're

0:21:09.080 --> 0:21:11.320
<v Speaker 5>going to die because of this. I can't even figure

0:21:11.320 --> 0:21:13.000
<v Speaker 5>out who the hell they're talking about because I've only

0:21:13.040 --> 0:21:14.879
<v Speaker 5>got one friend in the entire world, and that was

0:21:14.920 --> 0:21:17.359
<v Speaker 5>Jason Baldwin. I knew it wasn't him because he was

0:21:17.400 --> 0:21:18.840
<v Speaker 5>with me, and I knew he didn't do it. I

0:21:18.920 --> 0:21:21.200
<v Speaker 5>knew he wasn't going to confess to something he hadn't done.

0:21:21.600 --> 0:21:24.960
<v Speaker 5>So I didn't realize who it even was that had

0:21:25.000 --> 0:21:27.200
<v Speaker 5>confessed until the next day. Whenever they take me into

0:21:27.240 --> 0:21:30.000
<v Speaker 5>the courtroom, they say who it is, and they ask,

0:21:30.280 --> 0:21:32.000
<v Speaker 5>you know, how do you plead all this sort of thing.

0:21:32.800 --> 0:21:35.680
<v Speaker 5>They refuse to even read the confession in the courtroom.

0:21:35.800 --> 0:21:37.920
<v Speaker 5>They asked me, did I want it read? I said yes,

0:21:38.280 --> 0:21:40.200
<v Speaker 5>and they wouldn't read it even after they asked me

0:21:40.240 --> 0:21:42.040
<v Speaker 5>and I said yes. Instead, they take me out of

0:21:42.080 --> 0:21:45.800
<v Speaker 5>the courtroom into a janitor's closet with mops and brooms.

0:21:46.040 --> 0:21:49.560
<v Speaker 5>They give me a transcript, a type transcript of this confession.

0:21:49.880 --> 0:21:52.879
<v Speaker 5>When I started reading it, it's immediately obvious why they

0:21:52.920 --> 0:21:54.720
<v Speaker 5>didn't want this thing or read in court. It made

0:21:54.760 --> 0:21:57.119
<v Speaker 5>no sense whatsoever. You know, you're talking about this story

0:21:57.160 --> 0:21:59.879
<v Speaker 5>that's like a Frankenstein patchwork thing that they've so did

0:22:00.000 --> 0:22:04.199
<v Speaker 5>together out of many statements made by somebody with an

0:22:04.200 --> 0:22:07.600
<v Speaker 5>IQ of between seventy and seventy two. And what they

0:22:07.600 --> 0:22:09.480
<v Speaker 5>would do is when he would confess to something and

0:22:09.520 --> 0:22:12.240
<v Speaker 5>wouldn't get anything right, they would come back into the

0:22:12.320 --> 0:22:15.880
<v Speaker 5>room and say, well, do you think maybe this could

0:22:15.880 --> 0:22:19.119
<v Speaker 5>have happened? Or I mean even more blatantly obvious. The

0:22:19.119 --> 0:22:21.080
<v Speaker 5>first time they asked him when did the murders happen?

0:22:21.119 --> 0:22:23.399
<v Speaker 5>And he says something like eight o'clock in the morning. Well,

0:22:23.400 --> 0:22:25.199
<v Speaker 5>they knew that wasn't true because all three of the

0:22:25.240 --> 0:22:28.320
<v Speaker 5>kids were in school. So gradually what they did was

0:22:28.400 --> 0:22:31.080
<v Speaker 5>shape this thing to make it what they wanted it

0:22:31.119 --> 0:22:33.280
<v Speaker 5>to be. That's why they didn't want it read in court.

0:22:33.960 --> 0:22:38.280
<v Speaker 1>No, and they ignored obvious signs that pointed to at

0:22:38.400 --> 0:22:42.719
<v Speaker 1>least one, arguably up to three other individuals. Yes, including

0:22:42.960 --> 0:22:45.240
<v Speaker 1>there was a local restaurant, was it Bojangles or something?

0:22:46.040 --> 0:22:48.520
<v Speaker 1>Was a Bojangles where the manager called the cops that

0:22:48.640 --> 0:22:50.560
<v Speaker 1>night and said there was a guy covered in mud

0:22:50.600 --> 0:22:54.320
<v Speaker 1>and blood that stumbled into the fast food place and

0:22:54.600 --> 0:22:58.480
<v Speaker 1>went into the bathroom. And to their credit, the manager

0:22:58.520 --> 0:23:01.240
<v Speaker 1>called up and a police officer came but didn't investigate,

0:23:01.800 --> 0:23:05.359
<v Speaker 1>and they ultimately collected evidence from that bathroom that he

0:23:05.400 --> 0:23:07.439
<v Speaker 1>went into, which there was blood all over the place

0:23:07.760 --> 0:23:10.480
<v Speaker 1>and mud, and they lost it. Yes, and there again

0:23:10.520 --> 0:23:12.960
<v Speaker 1>were obvious signs. I mean the one I just talked about,

0:23:13.040 --> 0:23:15.200
<v Speaker 1>the various signs pointing to the stepfather of one of

0:23:15.240 --> 0:23:19.160
<v Speaker 1>the boys. I mean, this one kind of came with instructions,

0:23:19.880 --> 0:23:22.520
<v Speaker 1>and I know that it's difficult. I'm not an anarchist.

0:23:22.600 --> 0:23:24.480
<v Speaker 1>I believe we do need a system of law and order.

0:23:24.560 --> 0:23:26.600
<v Speaker 1>I think there are a lot of very good police

0:23:26.640 --> 0:23:29.879
<v Speaker 1>and judges and prosecutors out there. But in this case,

0:23:30.359 --> 0:23:33.639
<v Speaker 1>it's a small town, high profile, complicated crime. Because the

0:23:33.640 --> 0:23:36.359
<v Speaker 1>crime scene itself was a muddy riverbed, not the easiest

0:23:36.359 --> 0:23:38.400
<v Speaker 1>place to collect evidence. It seemed to have been scrubbed

0:23:38.400 --> 0:23:41.200
<v Speaker 1>to some degree. And then all the pressure you ran

0:23:41.240 --> 0:23:42.520
<v Speaker 1>into the perfect storm.

0:23:42.680 --> 0:23:44.360
<v Speaker 5>They put me in another sale where I would stay

0:23:44.400 --> 0:23:46.800
<v Speaker 5>for almost the next year while I waited to go

0:23:46.840 --> 0:23:50.640
<v Speaker 5>to trial. When we do go to trial, the evidence

0:23:50.680 --> 0:23:53.840
<v Speaker 5>that they present against us is things like Stephen King books,

0:23:54.640 --> 0:23:57.960
<v Speaker 5>the fact that we owned Metallica T shirts and albums,

0:23:58.240 --> 0:24:01.040
<v Speaker 5>posters that were hanging on our wall, you know, things

0:24:01.200 --> 0:24:05.920
<v Speaker 5>that were from like skateboarding magazines, ceremonial magic books. This

0:24:05.960 --> 0:24:08.560
<v Speaker 5>is the evidence they had. That the prosecutors tell the

0:24:08.640 --> 0:24:11.120
<v Speaker 5>jury that these things are not only evidence that were guilty,

0:24:11.160 --> 0:24:12.920
<v Speaker 5>but their evidence that I don't even have a soul,

0:24:13.520 --> 0:24:15.119
<v Speaker 5>that this is how evil I am.

0:24:16.040 --> 0:24:18.879
<v Speaker 9>I was totally surprised when I went to trial and

0:24:18.960 --> 0:24:23.040
<v Speaker 9>instead of the narration of the story revolving around evidence,

0:24:23.119 --> 0:24:26.280
<v Speaker 9>the prosecutor John Fogeman and Brenton Davis were saying things

0:24:26.320 --> 0:24:30.480
<v Speaker 9>like the crime scene was completely clean, there was absolutely

0:24:30.680 --> 0:24:35.479
<v Speaker 9>no evidence, no physical evidence left behind, and this, in

0:24:35.560 --> 0:24:40.440
<v Speaker 9>fact is evidence of Satanic cult ritual activity.

0:24:40.000 --> 0:24:42.679
<v Speaker 1>Because the devil faned up the crime scene. Basically, when

0:24:42.720 --> 0:24:45.320
<v Speaker 1>they put that guy in the stand who was testifying

0:24:45.359 --> 0:24:48.479
<v Speaker 1>as an expert on Satanism and witchcraft and all, and

0:24:48.520 --> 0:24:51.919
<v Speaker 1>the defense attorney quite rightly said to him, where did

0:24:52.000 --> 0:24:54.280
<v Speaker 1>you get certified at this? And it turned out he

0:24:54.320 --> 0:24:57.320
<v Speaker 1>had spent like an hour doing some online something or whatever.

0:24:57.440 --> 0:24:59.560
<v Speaker 1>It was ridiculed. It was laughable, right, The fact that

0:24:59.600 --> 0:25:02.240
<v Speaker 1>he was called himself an expert was laughable. And that's

0:25:02.280 --> 0:25:04.160
<v Speaker 1>one thing that I was like, well, the jury's got

0:25:04.200 --> 0:25:07.080
<v Speaker 1>to hear that. And the other thing was when they

0:25:07.119 --> 0:25:09.159
<v Speaker 1>had the doctor on the stand, right, it was like

0:25:09.880 --> 0:25:12.600
<v Speaker 1>orthopedic surgeon or something, and they were asking him about

0:25:12.680 --> 0:25:15.320
<v Speaker 1>the way that the one boy had been mutilated, right,

0:25:15.359 --> 0:25:17.520
<v Speaker 1>and we had the skin cut off his penis. I mean,

0:25:17.520 --> 0:25:19.880
<v Speaker 1>he's really pretty disgusting even thinking about it now. Now.

0:25:19.920 --> 0:25:22.639
<v Speaker 9>We found out later was animals had actually started eating

0:25:22.680 --> 0:25:25.600
<v Speaker 9>their bodies in the water that they were submerging. And

0:25:25.680 --> 0:25:28.639
<v Speaker 9>so when the police pulled Jesse into the police station

0:25:28.960 --> 0:25:31.200
<v Speaker 9>and they laid out the photos of the bodies, they

0:25:31.200 --> 0:25:34.360
<v Speaker 9>had him make up a story for all the visible wounds.

0:25:34.600 --> 0:25:36.919
<v Speaker 9>The calls and manner of the wounds were unknown. They

0:25:36.920 --> 0:25:39.680
<v Speaker 9>didn't know that all these wounds were animal predation.

0:25:39.880 --> 0:25:41.760
<v Speaker 1>If you remember when the jury went out, what did

0:25:41.800 --> 0:25:43.200
<v Speaker 1>you think was going to happen?

0:25:43.400 --> 0:25:45.960
<v Speaker 9>I sincerely believed that we would go home, they would

0:25:45.960 --> 0:25:48.520
<v Speaker 9>find us not guilty, that they would be able to

0:25:48.520 --> 0:25:53.120
<v Speaker 9>totally ignore all the flaming prejudicial stuff that the prosecution

0:25:53.359 --> 0:25:56.880
<v Speaker 9>was bringing up about Satanism and everything, and look at

0:25:56.880 --> 0:25:59.679
<v Speaker 9>the case for what it was and follow the evidence.

0:26:00.240 --> 0:26:02.440
<v Speaker 9>So told all your life that the purpose of the

0:26:02.520 --> 0:26:05.800
<v Speaker 9>judicial system is to find the truth, when really it's

0:26:05.840 --> 0:26:06.760
<v Speaker 9>to get a conviction.

0:26:07.920 --> 0:26:11.520
<v Speaker 5>They came back in they sentenced me to death three times.

0:26:11.840 --> 0:26:14.800
<v Speaker 5>They sentenced me to die by lethal injection three times.

0:26:15.160 --> 0:26:19.000
<v Speaker 5>They sentenced Jason to life in prison without parole. The

0:26:19.040 --> 0:26:22.320
<v Speaker 5>other guy they sentenced to life plus forty years. They

0:26:22.359 --> 0:26:26.840
<v Speaker 5>immediately take me from the courtroom to death Row, where

0:26:26.880 --> 0:26:29.600
<v Speaker 5>I would not see Jason again. I saw him maybe

0:26:31.200 --> 0:26:35.879
<v Speaker 5>twelve fifteen years later, for maybe twenty to thirty seconds.

0:26:36.560 --> 0:26:39.560
<v Speaker 5>They used to bring other prisoners in to clean the barracks,

0:26:39.600 --> 0:26:41.280
<v Speaker 5>and he was one of the prisoners they brought in

0:26:41.320 --> 0:26:43.640
<v Speaker 5>one day to clean death row. So he comes by

0:26:43.640 --> 0:26:47.240
<v Speaker 5>mysell mopping and sweeping. That was the first contact I'd

0:26:47.240 --> 0:26:49.280
<v Speaker 5>had with him in like fifteen years by that point.

0:26:51.000 --> 0:26:55.600
<v Speaker 1>It's truly mind boggling the whole thing, even by our standards,

0:26:55.680 --> 0:26:59.080
<v Speaker 1>being entrenched in this work, you know, and you hear

0:26:59.240 --> 0:27:02.639
<v Speaker 1>one fuck up story after another, but this one takes

0:27:02.680 --> 0:27:05.040
<v Speaker 1>the King go, yeah, you know. I talk a lot

0:27:05.119 --> 0:27:09.560
<v Speaker 1>about the idea that when we willfully or accidentally, want

0:27:09.560 --> 0:27:13.840
<v Speaker 1>to call it mistakenly, prosecute the wrong person and convict them,

0:27:14.040 --> 0:27:17.200
<v Speaker 1>by definition, we stop looking for the right person exactly.

0:27:17.240 --> 0:27:21.040
<v Speaker 1>And in this case, it sure seems like the prosecutors

0:27:21.119 --> 0:27:23.240
<v Speaker 1>must have known that these guys didn't do it. At

0:27:23.240 --> 0:27:25.320
<v Speaker 1>some point they realized that they had the wrong guys.

0:27:25.640 --> 0:27:27.280
<v Speaker 1>Maybe it was around the time you did, maybe it

0:27:27.320 --> 0:27:30.440
<v Speaker 1>was sooner, may it was later. But then you're left with,

0:27:30.720 --> 0:27:35.199
<v Speaker 1>wait a minute, So, whoever this sick fuck is that

0:27:35.359 --> 0:27:38.240
<v Speaker 1>did this terrible, or whoever these people are that did this,

0:27:39.080 --> 0:27:41.520
<v Speaker 1>they're amongst us. Yeah.

0:27:41.720 --> 0:27:44.679
<v Speaker 7>Well, first of all, I do believe that during the

0:27:44.760 --> 0:27:47.840
<v Speaker 7>trial and through the conviction, the authorities felt they had

0:27:47.880 --> 0:27:50.679
<v Speaker 7>the right guy. And the reason that's scary is because

0:27:50.680 --> 0:27:54.280
<v Speaker 7>of the utter incompetence and the ability to fall victim

0:27:54.320 --> 0:27:58.320
<v Speaker 7>to confirmation bias, to all sorts of problems within our system.

0:27:58.840 --> 0:28:01.479
<v Speaker 7>I actually think that they felt they had the right people.

0:28:02.280 --> 0:28:05.399
<v Speaker 7>What I find evil, the real evil in this case

0:28:05.800 --> 0:28:10.359
<v Speaker 7>because a lot of that initial false conviction I attribute

0:28:10.400 --> 0:28:14.400
<v Speaker 7>to human error, which is scary in some way scarier

0:28:14.440 --> 0:28:17.600
<v Speaker 7>than a conspiracy. But it's the post conviction period where

0:28:17.600 --> 0:28:21.159
<v Speaker 7>it became quite clear, I think to everybody involved that

0:28:21.240 --> 0:28:25.159
<v Speaker 7>these guys were innocent, and for people to hang on

0:28:25.240 --> 0:28:28.919
<v Speaker 7>to their jobs, for people to not question things, you know,

0:28:28.960 --> 0:28:32.199
<v Speaker 7>for the same judge Judge Burnett, who presided over the

0:28:32.240 --> 0:28:37.640
<v Speaker 7>original trial, to be the post conviction appellate judge ruling

0:28:38.080 --> 0:28:41.600
<v Speaker 7>whether he had reversible error in the original is absurd,

0:28:41.720 --> 0:28:43.520
<v Speaker 7>and that's what the way it was for over a

0:28:43.560 --> 0:28:45.920
<v Speaker 7>decade on that case. So the real evil in this

0:28:46.040 --> 0:28:48.600
<v Speaker 7>case is the post conviction period where people cared more

0:28:48.600 --> 0:28:51.000
<v Speaker 7>about their jobs. And you see that all the time.

0:28:51.040 --> 0:28:54.400
<v Speaker 7>It's why there shouldn't be prosecutorial immunity and all sorts

0:28:54.440 --> 0:28:58.200
<v Speaker 7>of other issues. But just getting back to my origin story,

0:28:58.960 --> 0:29:01.560
<v Speaker 7>you know, in covering this story, I just still I

0:29:01.680 --> 0:29:04.920
<v Speaker 7>didn't have the gene that I thought film could be

0:29:05.040 --> 0:29:09.240
<v Speaker 7>used for social good until the final moments of Paradise Lost,

0:29:09.280 --> 0:29:11.680
<v Speaker 7>which are the final moments of the trial where oh

0:29:11.680 --> 0:29:15.160
<v Speaker 7>my god, they really have convicted this guy on no evidence.

0:29:15.160 --> 0:29:17.440
<v Speaker 7>And you see in Paradise Laws in the movie, Jason

0:29:17.480 --> 0:29:19.719
<v Speaker 7>has already been convicted halfway through the movie, and then

0:29:19.760 --> 0:29:22.200
<v Speaker 7>the second half of the movie is focusing on Jason

0:29:22.240 --> 0:29:24.680
<v Speaker 7>and Damien, and you see Damien being chained up and

0:29:24.760 --> 0:29:26.360
<v Speaker 7>led off to death row. I mean, we were in

0:29:26.360 --> 0:29:28.080
<v Speaker 7>the room with him as he was being chained off

0:29:28.120 --> 0:29:30.960
<v Speaker 7>and led off to death row, and Jason was being

0:29:31.080 --> 0:29:33.800
<v Speaker 7>led off to life without parole sentences and they get

0:29:34.040 --> 0:29:36.320
<v Speaker 7>escorted out of the room, and Bruce and I look

0:29:36.360 --> 0:29:38.600
<v Speaker 7>at each other like, oh my god, I cannot believe

0:29:38.600 --> 0:29:40.960
<v Speaker 7>what we just witnessed. And that's when we vowed to

0:29:41.000 --> 0:29:43.680
<v Speaker 7>do everything we could. And when the gene or the

0:29:43.760 --> 0:29:48.000
<v Speaker 7>light bulb went off in my head where I realized that, yes,

0:29:48.160 --> 0:29:50.680
<v Speaker 7>I'm sitting on all this footage that can help, and

0:29:50.720 --> 0:29:54.400
<v Speaker 7>that film I think can be used for shining a light.

0:29:54.520 --> 0:29:57.160
<v Speaker 7>And so I feel like I stumbled on to the

0:29:57.200 --> 0:30:00.480
<v Speaker 7>criminal justice system as a place to place my f focus.

0:30:00.600 --> 0:30:03.760
<v Speaker 7>But seeing how easy it is for people to make mistakes,

0:30:04.000 --> 0:30:06.160
<v Speaker 7>seeing how easy it is for somebody to be sent

0:30:06.200 --> 0:30:08.880
<v Speaker 7>to death, this became my calling when I saw that

0:30:09.120 --> 0:30:12.960
<v Speaker 7>zero evidence and Stephen King novels and Metallica lyrics can

0:30:13.080 --> 0:30:14.080
<v Speaker 7>put you on death row.

0:30:14.240 --> 0:30:16.880
<v Speaker 1>Right, Well, if that's the case, I mean when you

0:30:16.920 --> 0:30:18.640
<v Speaker 1>add up all the Stephen King novels and all the

0:30:18.640 --> 0:30:21.160
<v Speaker 1>Batallica records that would sold out, means there's tens of

0:30:21.280 --> 0:30:24.040
<v Speaker 1>millions of serial killers out there that we should all

0:30:24.080 --> 0:30:25.280
<v Speaker 1>be very scared crazy.

0:30:25.320 --> 0:30:28.120
<v Speaker 7>And you know, he did have an affinity for Aleister

0:30:28.280 --> 0:30:31.320
<v Speaker 7>Crowley and that was also introduced. But still, this is

0:30:31.360 --> 0:30:34.440
<v Speaker 7>not forensic evidence. You know, there was no blood at

0:30:34.440 --> 0:30:37.239
<v Speaker 7>the crime scene, no forensic evidence. I mean, it's just

0:30:37.920 --> 0:30:41.400
<v Speaker 7>this is the worst case probably I've studied, you know,

0:30:41.560 --> 0:30:42.520
<v Speaker 7>in all these years.

0:30:43.080 --> 0:30:48.280
<v Speaker 1>So your film ultimately led to an amazing outpouring of

0:30:48.360 --> 0:30:52.320
<v Speaker 1>support from people all over the world, regular people as

0:30:52.360 --> 0:30:56.800
<v Speaker 1>well as people at the very top echelons of society.

0:30:57.720 --> 0:31:01.640
<v Speaker 1>Johnny Depp, Eddie Vedder, Natalie Maine to Peter Jackson. Amazing,

0:31:01.720 --> 0:31:06.440
<v Speaker 1>amazing people who became like, not casually involved, but deeply involved.

0:31:06.520 --> 0:31:09.880
<v Speaker 1>And there's no separating that from the fact that it

0:31:10.040 --> 0:31:13.280
<v Speaker 1>was a direct result of your movie, which had to

0:31:13.320 --> 0:31:16.200
<v Speaker 1>feel good. But then how did it feel when finally,

0:31:16.600 --> 0:31:20.800
<v Speaker 1>eighteen years later, these guys walked out of prison and

0:31:20.880 --> 0:31:23.200
<v Speaker 1>knowing the role that you played in that, right, well,

0:31:23.360 --> 0:31:25.520
<v Speaker 1>and a lot of people played roles in it, right,

0:31:25.520 --> 0:31:27.440
<v Speaker 1>That's the thing I mean this. I hope this doesn't

0:31:27.440 --> 0:31:29.960
<v Speaker 1>sound falsely humble. I'm very proud of the films, and

0:31:30.000 --> 0:31:32.200
<v Speaker 1>I think the film's definitely played a role. And I

0:31:32.320 --> 0:31:35.600
<v Speaker 1>definitely think that we're the ones who said against all

0:31:35.640 --> 0:31:38.280
<v Speaker 1>the other media, because every night there was a news

0:31:38.320 --> 0:31:41.840
<v Speaker 1>report or story of these monstrous killers. It was so

0:31:41.960 --> 0:31:44.800
<v Speaker 1>prejudicing everything, so we were truly the only media saying

0:31:44.840 --> 0:31:47.880
<v Speaker 1>that they were innocent. I think the film attracted a

0:31:47.920 --> 0:31:50.920
<v Speaker 1>lot of the attention, but it's the activism of tens

0:31:50.920 --> 0:31:53.320
<v Speaker 1>of thousands of people and the well known people that

0:31:53.400 --> 0:31:54.360
<v Speaker 1>got them out of prison.

0:31:54.480 --> 0:31:56.959
<v Speaker 7>But that feels good. I mean, it's rare in one's career.

0:31:57.040 --> 0:31:59.440
<v Speaker 7>You know, when you make documentaries, you hope to affect

0:31:59.520 --> 0:32:02.000
<v Speaker 7>people in some way. When you're a storyteller in general,

0:32:02.040 --> 0:32:03.680
<v Speaker 7>you want to affect people in some way, and to

0:32:03.720 --> 0:32:06.080
<v Speaker 7>have that kind of tangible effect on the outcome of

0:32:06.120 --> 0:32:09.920
<v Speaker 7>a case felt terrific, although I will say it was

0:32:10.040 --> 0:32:14.400
<v Speaker 7>also very bittersweet because a it took way too long,

0:32:15.000 --> 0:32:17.560
<v Speaker 7>you know, eighteen and a half years. Actually, with some

0:32:17.600 --> 0:32:19.800
<v Speaker 7>cases that's on the low end of things, sadly, but

0:32:19.840 --> 0:32:22.720
<v Speaker 7>still it took so long, and the attempts to deny

0:32:22.840 --> 0:32:25.720
<v Speaker 7>DNA testing and the fact that the same judge remained

0:32:25.760 --> 0:32:29.600
<v Speaker 7>on the case during the whole post conviction is just outrageous.

0:32:29.880 --> 0:32:32.520
<v Speaker 7>And then the end result was the Alfred plea, where

0:32:32.720 --> 0:32:35.200
<v Speaker 7>you know, Damien was not well on death row as

0:32:35.240 --> 0:32:37.960
<v Speaker 7>we know, and you know, Jason had to really debate

0:32:38.040 --> 0:32:41.600
<v Speaker 7>whether he wanted to take the deal because he wanted

0:32:41.600 --> 0:32:45.400
<v Speaker 7>to keep fighting, and some evidence that Peter Jackson paid

0:32:45.440 --> 0:32:48.600
<v Speaker 7>for was coming out and very helpful, which of course

0:32:48.640 --> 0:32:51.400
<v Speaker 7>scared the prosecution, which is why they were even willing

0:32:51.440 --> 0:32:53.840
<v Speaker 7>to do the Alfred plea. Should we explain what the

0:32:53.840 --> 0:32:54.480
<v Speaker 7>Alfred plea is?

0:32:54.560 --> 0:32:56.920
<v Speaker 1>Yeah, let me talk about it. Go ahead.

0:32:57.160 --> 0:33:00.000
<v Speaker 7>Well, the Alfred plea is basically where you stand up

0:33:00.200 --> 0:33:04.120
<v Speaker 7>in court. In this case, Damien and Jason and Jesse

0:33:04.480 --> 0:33:09.720
<v Speaker 7>acknowledged that the prosecution has enough evidence to convict, but

0:33:09.960 --> 0:33:13.320
<v Speaker 7>you maintain your innocence. You state that I am innocent

0:33:13.360 --> 0:33:16.680
<v Speaker 7>of these charges, but I believe the state has enough

0:33:16.720 --> 0:33:20.320
<v Speaker 7>evidence that a conviction could occur, So I plead guilty

0:33:20.560 --> 0:33:24.000
<v Speaker 7>in exchange for time served. Is basically what happened. So

0:33:24.080 --> 0:33:27.440
<v Speaker 7>the death sentence was vacated and turned into a first

0:33:27.480 --> 0:33:29.880
<v Speaker 7>degree murder charge, and he was sentenced to life served,

0:33:29.920 --> 0:33:32.560
<v Speaker 7>which allowed him to go out of the prison, and

0:33:32.600 --> 0:33:35.760
<v Speaker 7>the life without parole sentences were vacated and turned into

0:33:36.480 --> 0:33:40.160
<v Speaker 7>time served. That's you know, you can understand why somebody

0:33:40.160 --> 0:33:43.640
<v Speaker 7>would accept that, especially if you're on death row. But

0:33:43.920 --> 0:33:47.320
<v Speaker 7>it's so cowardly on the part of the State of Arkansas.

0:33:47.360 --> 0:33:50.920
<v Speaker 7>Does anyone really believe that if the State of Arkansas

0:33:50.920 --> 0:33:54.800
<v Speaker 7>had an abiding belief that these were teen child killers

0:33:55.040 --> 0:33:57.760
<v Speaker 7>who sacrificed eight year olds to the devil in a

0:33:57.760 --> 0:34:01.120
<v Speaker 7>satanic ritual that they would allow them to walk free

0:34:01.160 --> 0:34:04.000
<v Speaker 7>after eighteen years. Of course not they know they're innocent,

0:34:04.200 --> 0:34:06.760
<v Speaker 7>but they want to protect themselves from accountability.

0:34:06.840 --> 0:34:07.000
<v Speaker 1>You know.

0:34:07.040 --> 0:34:08.800
<v Speaker 7>Some people have said, well, they want to also protect

0:34:08.840 --> 0:34:11.920
<v Speaker 7>themselves from being sued for wrongful conviction, which you know,

0:34:12.360 --> 0:34:15.280
<v Speaker 7>the average wrongful conviction case is worth a million dollars

0:34:15.320 --> 0:34:18.680
<v Speaker 7>a year. Times eighteen years times three defendants, that's fifty

0:34:18.719 --> 0:34:21.440
<v Speaker 7>four million dollars if I'm doing my math correctly or

0:34:21.440 --> 0:34:24.680
<v Speaker 7>something like that. But they could have even signed, you know,

0:34:24.719 --> 0:34:28.000
<v Speaker 7>a way that they won't sue for wrongful conviction. It's

0:34:28.080 --> 0:34:32.239
<v Speaker 7>all about accountability, and that's how these things happen. That's

0:34:32.280 --> 0:34:35.040
<v Speaker 7>why post conviction takes for so long. Nobody wants to

0:34:35.040 --> 0:34:38.799
<v Speaker 7>be accountable. And I think it's so cowardly and disturbing

0:34:39.160 --> 0:34:42.520
<v Speaker 7>that this is how these guys ended up free. I mean,

0:34:42.560 --> 0:34:45.440
<v Speaker 7>I took Jason to both the Berlin Film Festival with

0:34:45.480 --> 0:34:49.279
<v Speaker 7>Paradise Lost three and there's a great documentary festival in

0:34:49.320 --> 0:34:54.960
<v Speaker 7>Amsterdam called IFA International Documentary Festival of Amsterdam, and both

0:34:54.960 --> 0:34:59.640
<v Speaker 7>of those border crossings were fraught with delays and problems

0:34:59.719 --> 0:35:03.280
<v Speaker 7>because as in the computer, it's Jason Bald with convicted

0:35:03.360 --> 0:35:06.200
<v Speaker 7>child killer. Jason wants to study law and become a lawyer.

0:35:06.239 --> 0:35:08.600
<v Speaker 7>He can't do it because he's a convicted child killer.

0:35:09.160 --> 0:35:13.320
<v Speaker 7>So yesfl great that the movie had an impact on people,

0:35:13.440 --> 0:35:17.399
<v Speaker 7>and those people pushed and pushed until these guys were

0:35:17.480 --> 0:35:20.360
<v Speaker 7>let out. But sad that it's the alphad plea and

0:35:20.400 --> 0:35:22.120
<v Speaker 7>they're not fully exonerated.

0:35:28.840 --> 0:35:31.320
<v Speaker 1>The alpha plea is such a it's like a Sophie's

0:35:31.400 --> 0:35:34.880
<v Speaker 1>choice kind of thing. And we've had Oh god, I

0:35:34.880 --> 0:35:38.200
<v Speaker 1>don't know how many people on Ralph conviction who have

0:35:38.760 --> 0:35:42.320
<v Speaker 1>resorted to that. You know, they have so much leverage

0:35:43.000 --> 0:35:44.839
<v Speaker 1>when you're looking at the amount of time it will

0:35:44.880 --> 0:35:47.239
<v Speaker 1>take to go back for another trial, Yeah, you're going

0:35:47.280 --> 0:35:50.560
<v Speaker 1>to spend that time in prison awaiting that trial. If

0:35:50.600 --> 0:35:52.719
<v Speaker 1>you're trying to put yourself in the shoes of someone

0:35:52.760 --> 0:35:55.439
<v Speaker 1>who's face with that choice, If you know that you've

0:35:55.440 --> 0:36:00.120
<v Speaker 1>already been framed once or gotten you know, convicted, he

0:36:00.120 --> 0:36:02.600
<v Speaker 1>didn't do however it got to that once, you would

0:36:02.680 --> 0:36:05.600
<v Speaker 1>be hard pressed to risk the rest of your life

0:36:05.840 --> 0:36:07.360
<v Speaker 1>in the system that has already.

0:36:07.360 --> 0:36:12.000
<v Speaker 7>Ye, Damien was truly unhealthy and being abused by guards.

0:36:12.080 --> 0:36:15.000
<v Speaker 7>And that's ultimately why I think they're all heroes to me.

0:36:15.080 --> 0:36:18.280
<v Speaker 7>But Jason Baldwin acted very heroically because he was ready

0:36:18.320 --> 0:36:20.960
<v Speaker 7>to stay and fight and clear his name. But everyone

0:36:21.040 --> 0:36:24.759
<v Speaker 7>felt that Damien's health was in such a state that

0:36:25.000 --> 0:36:28.279
<v Speaker 7>to wait any longer might be detrimental, so he made

0:36:28.280 --> 0:36:30.400
<v Speaker 7>that decision a death sentence.

0:36:30.920 --> 0:36:36.120
<v Speaker 1>Jason. Of all the eighty something episodes we recorded, now,

0:36:37.680 --> 0:36:42.319
<v Speaker 1>his was really like it was difficult to even hear

0:36:42.400 --> 0:36:47.160
<v Speaker 1>the stories that he told. He's such an amazingly gentle,

0:36:47.520 --> 0:36:51.400
<v Speaker 1>you know, soul, and you know he was what ninety

0:36:51.400 --> 0:36:55.840
<v Speaker 1>one hundred pounds back then, right, actually did well.

0:36:55.719 --> 0:36:57.920
<v Speaker 7>In school, And you're right. That was the vibe he

0:36:58.000 --> 0:37:00.480
<v Speaker 7>was giving off. Was this sweet little boy talking to

0:37:00.520 --> 0:37:02.759
<v Speaker 7>me about phishing and what he likes to do when

0:37:02.760 --> 0:37:05.640
<v Speaker 7>he's not at school and drawing. He was an avid drawer.

0:37:05.880 --> 0:37:07.920
<v Speaker 7>And while he's talking to me, I'm looking at his

0:37:08.080 --> 0:37:12.400
<v Speaker 7>tiny little wrists, because if you believe the prosecution story,

0:37:12.440 --> 0:37:16.520
<v Speaker 7>it's Baldwin who wielded the serrated hunting knife that castrated

0:37:16.560 --> 0:37:19.520
<v Speaker 7>the buyer's boy. And I'm talking to the sweet little

0:37:19.640 --> 0:37:22.600
<v Speaker 7>kid and staring at his wrist and trying to imagine

0:37:22.600 --> 0:37:25.160
<v Speaker 7>that this guy knifed these kids in the way that

0:37:25.239 --> 0:37:28.879
<v Speaker 7>it was alleged, and I just found it incredible.

0:37:30.120 --> 0:37:33.279
<v Speaker 1>Jason Baldwin on the show. It was an experience I'll

0:37:33.280 --> 0:37:36.080
<v Speaker 1>never forget when this all came down. You were in

0:37:36.080 --> 0:37:36.680
<v Speaker 1>tenth grade.

0:37:36.760 --> 0:37:37.400
<v Speaker 9>Tenth grade.

0:37:37.600 --> 0:37:39.799
<v Speaker 1>Tenth grade. Let's just reflect on that for a second.

0:37:39.840 --> 0:37:42.440
<v Speaker 1>You're not even anywhere near being an adult in tenth grade.

0:37:42.680 --> 0:37:46.880
<v Speaker 1>So then you end up getting sent to maximum security prison.

0:37:47.120 --> 0:37:49.799
<v Speaker 9>Right when you first go to prison and you're not

0:37:49.880 --> 0:37:52.080
<v Speaker 9>going to death row, you go to what's called a

0:37:52.160 --> 0:37:55.239
<v Speaker 9>diagnostic unit, and that's where they evaluate you mentally and

0:37:55.280 --> 0:37:59.440
<v Speaker 9>physically to determine what your parent unit in the department

0:37:59.480 --> 0:38:02.640
<v Speaker 9>corrections will be. Because they have a myriad of prisons

0:38:02.680 --> 0:38:06.759
<v Speaker 9>on various different old slave plantations in the South, and

0:38:07.040 --> 0:38:09.919
<v Speaker 9>each of them are different and in different ways by

0:38:10.000 --> 0:38:13.080
<v Speaker 9>age and your strength and things like that. And when

0:38:13.120 --> 0:38:16.200
<v Speaker 9>I went to diagnostics, they saw me like you saw

0:38:16.239 --> 0:38:20.040
<v Speaker 9>me as a small innocent kid, and a diagnostics they

0:38:20.080 --> 0:38:21.680
<v Speaker 9>were like, we've got to send you to one of

0:38:21.719 --> 0:38:24.360
<v Speaker 9>two places, Jason, or you're not gonna make it PC

0:38:24.640 --> 0:38:28.840
<v Speaker 9>Protective custody or what's called SPU Suicide Prevention Unit and

0:38:28.880 --> 0:38:31.920
<v Speaker 9>suicide prevention unit. You will have your own cell. And

0:38:32.040 --> 0:38:34.319
<v Speaker 9>you know, I looked at it like this. At the time,

0:38:34.360 --> 0:38:38.239
<v Speaker 9>we didn't have very many people on our side. In fact,

0:38:38.320 --> 0:38:41.600
<v Speaker 9>it was just us. And I'm thrust into this incredibly

0:38:41.640 --> 0:38:46.000
<v Speaker 9>impossible situation. And I was escorted everywhere I went in

0:38:46.040 --> 0:38:48.320
<v Speaker 9>the prison, and so I'd see the people in SPU

0:38:48.560 --> 0:38:51.680
<v Speaker 9>going to chow and they'd be doing the thorizine shuffle

0:38:51.719 --> 0:38:54.800
<v Speaker 9>because they're so heavily medicated. And I had a fear

0:38:55.120 --> 0:38:57.840
<v Speaker 9>that if I acquiesced and let them put me in SPU,

0:38:57.920 --> 0:39:01.680
<v Speaker 9>that they would forcefully make me and I would lose

0:39:01.800 --> 0:39:05.160
<v Speaker 9>my mind and my ability to think and reason and

0:39:05.200 --> 0:39:08.560
<v Speaker 9>to fight. And so I said, no, I can't do that.

0:39:08.960 --> 0:39:12.799
<v Speaker 9>And as far as the PC protective custody, anybody knows

0:39:12.840 --> 0:39:15.200
<v Speaker 9>if you are saying you are so weak that you

0:39:15.280 --> 0:39:19.520
<v Speaker 9>need protection, that people are gonna see that and prey

0:39:19.560 --> 0:39:22.279
<v Speaker 9>on you even more. And so I knew I had

0:39:22.280 --> 0:39:26.080
<v Speaker 9>to some way, some fashion stand on my own two

0:39:26.120 --> 0:39:30.000
<v Speaker 9>feet in there and earn everybody's respect from the inmates

0:39:30.000 --> 0:39:32.719
<v Speaker 9>and guards a light and they said, well, you not

0:39:32.840 --> 0:39:34.799
<v Speaker 9>going to one of these places. We're gonna have to

0:39:34.840 --> 0:39:37.239
<v Speaker 9>send you to Barner. And at the time they had

0:39:37.280 --> 0:39:40.200
<v Speaker 9>just shipped all these guys from the Little Tucker Unit

0:39:40.239 --> 0:39:43.799
<v Speaker 9>to Barner and they were destroying the place. They said,

0:39:43.800 --> 0:39:49.440
<v Speaker 9>it was just chaos and destruction and just incredibly violent place,

0:39:49.719 --> 0:39:51.480
<v Speaker 9>and that's where they were going to have to send me.

0:39:51.760 --> 0:39:53.560
<v Speaker 9>And I just told them that that's what you got

0:39:53.560 --> 0:39:55.799
<v Speaker 9>to do. You got to do it. And so they

0:39:55.920 --> 0:39:59.520
<v Speaker 9>did eventually send me to Barner Unit, and it was

0:39:59.560 --> 0:40:00.960
<v Speaker 9>everything they said it was.

0:40:01.280 --> 0:40:02.439
<v Speaker 1>How did you survive there?

0:40:02.560 --> 0:40:04.480
<v Speaker 9>And you know, by the grace of God, you know,

0:40:04.520 --> 0:40:07.680
<v Speaker 9>as you said, I guess, I'll say I was incredibly luckily,

0:40:07.719 --> 0:40:10.799
<v Speaker 9>but I was incredibly blessed to I went in there,

0:40:11.120 --> 0:40:13.960
<v Speaker 9>they opened up and mister Patten stepped out, and his

0:40:14.080 --> 0:40:18.200
<v Speaker 9>clerk stepped out, and mister Panton says, in May Bowlin,

0:40:18.360 --> 0:40:21.719
<v Speaker 9>I'm mister Patten, the classification officer. I'll be assigning you

0:40:21.760 --> 0:40:24.480
<v Speaker 9>to your housing unit. And this is my clerk, Mojo.

0:40:24.840 --> 0:40:26.560
<v Speaker 9>And they tell me you got to stand up for

0:40:26.600 --> 0:40:29.759
<v Speaker 9>yourself in here or these people just will run you

0:40:30.000 --> 0:40:33.239
<v Speaker 9>over and turn you into a sex slave and all

0:40:33.320 --> 0:40:37.160
<v Speaker 9>these horrible things and make you pay money for protection

0:40:37.400 --> 0:40:40.640
<v Speaker 9>and stuff like that. And so they assign me to

0:40:40.840 --> 0:40:43.759
<v Speaker 9>seven barracks, and seven barracks at the Barner unit is

0:40:43.800 --> 0:40:46.640
<v Speaker 9>in take barracks. I walk down the hall and as

0:40:46.640 --> 0:40:49.120
<v Speaker 9>I'm walking, I'm walking next to this barracks and it's

0:40:49.120 --> 0:40:53.160
<v Speaker 9>got bulletproof glass three stories high, and these guys are

0:40:53.560 --> 0:40:56.600
<v Speaker 9>beating on it. Right, it's plexiglass, it's got chicken wire

0:40:56.600 --> 0:40:59.759
<v Speaker 9>in it, and there are sell bars on the inside

0:40:59.760 --> 0:41:01.799
<v Speaker 9>of it, going all the way up three stories. And

0:41:01.840 --> 0:41:05.520
<v Speaker 9>I look and these guys are literally climbing this thing.

0:41:05.600 --> 0:41:08.560
<v Speaker 9>They are climbing it above one another're hanging on to

0:41:08.680 --> 0:41:12.480
<v Speaker 9>the bars, looking at me, beating the glass and pointing

0:41:12.520 --> 0:41:15.720
<v Speaker 9>at me. Because they've been watching the trial on TV

0:41:15.840 --> 0:41:18.080
<v Speaker 9>and the hearings and stuff for an entire year. It's

0:41:18.120 --> 0:41:21.120
<v Speaker 9>like a pep rally. Right, They're finally going to have

0:41:21.239 --> 0:41:22.279
<v Speaker 9>their hands on me.

0:41:22.440 --> 0:41:22.640
<v Speaker 1>Right.

0:41:22.920 --> 0:41:25.480
<v Speaker 9>And I get there and Sergeant Ivy's working the door

0:41:25.760 --> 0:41:27.799
<v Speaker 9>and he tells me, He says, if you go in

0:41:27.840 --> 0:41:30.439
<v Speaker 9>there and stand up for yourself, I got your back.

0:41:30.560 --> 0:41:33.480
<v Speaker 9>If not, they got you. And I'm just holding the

0:41:33.520 --> 0:41:36.160
<v Speaker 9>only thing I have is a bible, a couple of

0:41:36.200 --> 0:41:39.400
<v Speaker 9>letters from a mom. That's it in a little paper bag.

0:41:39.880 --> 0:41:42.040
<v Speaker 9>And they opened the door and put me in there,

0:41:42.280 --> 0:41:44.640
<v Speaker 9>and next thing I know, somebody swings a fist at me.

0:41:44.719 --> 0:41:47.960
<v Speaker 9>I duck that one. The next one catches me and

0:41:48.320 --> 0:41:53.200
<v Speaker 9>I'm fighting. Immediately the door opens back up, there's may sprayed.

0:41:53.440 --> 0:41:55.960
<v Speaker 9>Sergeant Ivy's yeanking people off of me. I'm on the

0:41:56.000 --> 0:41:59.080
<v Speaker 9>ground and he says, are you ready to go to PC?

0:41:59.320 --> 0:41:59.600
<v Speaker 1>Now?

0:41:59.920 --> 0:42:02.560
<v Speaker 9>You need to catch out, and the guys are hollering,

0:42:02.920 --> 0:42:06.600
<v Speaker 9>catch out, bitch, catch out, O all these horrible things,

0:42:06.640 --> 0:42:09.719
<v Speaker 9>you know, which catch out means to leave the barracks

0:42:09.840 --> 0:42:13.000
<v Speaker 9>and to go and to protective custody. And like I said,

0:42:13.000 --> 0:42:15.240
<v Speaker 9>you know, I knew I needed to earn these people's

0:42:15.280 --> 0:42:17.720
<v Speaker 9>respect because I did not know how long I would

0:42:17.719 --> 0:42:20.400
<v Speaker 9>be there. I know I'm innocent, but I don't know

0:42:20.480 --> 0:42:22.400
<v Speaker 9>how long I'm going to be in this prison. And

0:42:22.440 --> 0:42:25.080
<v Speaker 9>so I tell them no leave me. And next thing

0:42:25.120 --> 0:42:27.880
<v Speaker 9>I know, we go from the dayroom tier downstairs of

0:42:27.960 --> 0:42:30.760
<v Speaker 9>guys like push all the racks up against the wall.

0:42:31.080 --> 0:42:34.319
<v Speaker 9>They circle around us, and I'm fighting this guy. And

0:42:34.320 --> 0:42:36.440
<v Speaker 9>then I'm fighting this guy and there's people hitting me

0:42:36.480 --> 0:42:39.759
<v Speaker 9>from behind. So it's kind of orderly and fair, but

0:42:39.800 --> 0:42:42.240
<v Speaker 9>then again it's kind of not. And so I fight

0:42:42.320 --> 0:42:46.600
<v Speaker 9>the whole barracks that Friday, everybody, and then they call

0:42:46.800 --> 0:42:50.080
<v Speaker 9>shower call and the barracks next door eight bricks. They

0:42:50.080 --> 0:42:52.200
<v Speaker 9>call two barracks at a time to go to shower.

0:42:52.440 --> 0:42:55.440
<v Speaker 9>The shower holds one hundred people, and so when I

0:42:55.480 --> 0:42:58.719
<v Speaker 9>get there, I gotta fight all these guys from eight barracks.

0:42:59.000 --> 0:43:01.959
<v Speaker 9>And so I fought all weekend. My whole face would

0:43:01.960 --> 0:43:05.239
<v Speaker 9>swollen up, my fists were swoll up, my body was

0:43:05.400 --> 0:43:08.799
<v Speaker 9>beat And so I do this all weekend. I get

0:43:08.800 --> 0:43:11.800
<v Speaker 9>into fights in the chowhau even like because there's even

0:43:11.840 --> 0:43:14.640
<v Speaker 9>other people from other barracks is wanting to get to

0:43:14.680 --> 0:43:17.279
<v Speaker 9>me in the chow haw and stuff like that. Come

0:43:17.360 --> 0:43:21.560
<v Speaker 9>Monday morning, I'm barely even able to walk, you know,

0:43:21.640 --> 0:43:24.840
<v Speaker 9>and like the guys are like just pushing me and

0:43:24.880 --> 0:43:27.680
<v Speaker 9>guiding me a bit and which way to go and stuff,

0:43:27.680 --> 0:43:30.360
<v Speaker 9>because I can't even see even less than I normally

0:43:30.440 --> 0:43:33.200
<v Speaker 9>do because my eyes and stuff are all swollen up.

0:43:33.440 --> 0:43:36.640
<v Speaker 9>And I just remember thinking that whole weekend about this

0:43:36.800 --> 0:43:41.000
<v Speaker 9>job out in the fields, whole squad. There's gonna be sunshine,

0:43:41.040 --> 0:43:43.440
<v Speaker 9>there's gonna be a dawn, and I'm gonna get to

0:43:43.480 --> 0:43:48.000
<v Speaker 9>witness that. I was just looking forward to that first dawn,

0:43:48.160 --> 0:43:51.000
<v Speaker 9>you know, that morning air. And so there was a

0:43:51.000 --> 0:43:53.160
<v Speaker 9>part of me just no matter how bad it was,

0:43:53.239 --> 0:43:55.640
<v Speaker 9>I was just looking forward to that first dawn. I'm like,

0:43:55.680 --> 0:43:57.520
<v Speaker 9>if I can make it to that, you know, if

0:43:57.520 --> 0:43:59.560
<v Speaker 9>I can make it to that, that's something good.

0:44:01.120 --> 0:44:06.120
<v Speaker 1>It's interesting. Fifteen to twenty years ago, I was going

0:44:06.160 --> 0:44:09.400
<v Speaker 1>around to different studios in Hollywood and saying, we should

0:44:09.400 --> 0:44:12.719
<v Speaker 1>do a show that features these type of cases and

0:44:13.239 --> 0:44:17.880
<v Speaker 1>shine a light on these injustices. And people were like, no,

0:44:17.880 --> 0:44:21.440
<v Speaker 1>nobody wants that, you know, And now it seems like

0:44:21.600 --> 0:44:23.040
<v Speaker 1>every other show you turn.

0:44:22.880 --> 0:44:25.880
<v Speaker 7>On I have several of them. Yeah you do ye

0:44:26.000 --> 0:44:28.239
<v Speaker 7>a wrong man on Stars. And I did a show

0:44:28.280 --> 0:44:33.319
<v Speaker 7>for Discovery called Killing Richard Glossop, who another horrible case

0:44:33.320 --> 0:44:35.080
<v Speaker 7>that I wish people would pay more attention to.

0:44:35.200 --> 0:44:35.960
<v Speaker 1>Richard Glossops.

0:44:35.960 --> 0:44:38.799
<v Speaker 7>And on Oklahoma's death Row, the status tried to kill

0:44:38.840 --> 0:44:41.799
<v Speaker 7>him three times. The last time they tried to kill him,

0:44:41.840 --> 0:44:44.120
<v Speaker 7>the portal was in his arm and they were using

0:44:44.160 --> 0:44:46.759
<v Speaker 7>the wrong execution drugs and the clock struck three, which

0:44:46.840 --> 0:44:49.080
<v Speaker 7>is the appointed killing hour, and the family on the

0:44:49.120 --> 0:44:51.680
<v Speaker 7>outside thought the stay had not come as it had

0:44:51.719 --> 0:44:55.719
<v Speaker 7>several times before, crying and hugging, thinking that he had

0:44:55.760 --> 0:44:58.160
<v Speaker 7>been killed, when in fact, what was going on inside

0:44:58.200 --> 0:45:01.520
<v Speaker 7>the death room was an argu between the state's attorney

0:45:01.560 --> 0:45:03.520
<v Speaker 7>general and the head of prisons trying to figure out

0:45:03.520 --> 0:45:05.080
<v Speaker 7>whether they should kill this guy because he had the

0:45:05.120 --> 0:45:09.640
<v Speaker 7>wrong execution drugs and that fracas, and it's the second

0:45:09.719 --> 0:45:12.560
<v Speaker 7>time there was the wrong execution drugs were being used.

0:45:12.920 --> 0:45:15.920
<v Speaker 7>There's you know, there's a moratorium on executions in Oklahoma.

0:45:16.000 --> 0:45:18.560
<v Speaker 7>That's the only thing that's keeping Richard Glossop alive, as

0:45:18.560 --> 0:45:23.160
<v Speaker 7>opposed to this bizarre story that the prosecution, you know,

0:45:23.239 --> 0:45:25.359
<v Speaker 7>has given as to why he deserves to be killed,

0:45:25.360 --> 0:45:26.600
<v Speaker 7>which is completely bogus.

0:45:27.160 --> 0:45:30.120
<v Speaker 1>The case of Richard Glossop came to my attention several

0:45:30.239 --> 0:45:33.279
<v Speaker 1>years ago, and I felt like I'd been kicked in

0:45:33.280 --> 0:45:36.279
<v Speaker 1>the stomach. I mean, let's talk about him, because they

0:45:36.320 --> 0:45:38.680
<v Speaker 1>do need to bring more attention to it. Can you

0:45:38.760 --> 0:45:41.239
<v Speaker 1>give us the capsule summary of this.

0:45:41.400 --> 0:45:44.320
<v Speaker 7>There's not a long story to tell. It's Richard Glossop

0:45:44.360 --> 0:45:47.080
<v Speaker 7>was the manager of a kind of a sleazy motel,

0:45:47.480 --> 0:45:54.759
<v Speaker 7>and he is accused of hiring the motel's janitor, who

0:45:54.760 --> 0:45:57.400
<v Speaker 7>he had given a job to only a few months before,

0:45:58.040 --> 0:46:00.560
<v Speaker 7>to kill the owner of the hotel that he could

0:46:00.560 --> 0:46:03.719
<v Speaker 7>take it over. The whole story on its face when

0:46:03.760 --> 0:46:06.280
<v Speaker 7>you pick it apart is ridiculous. The guy who actually

0:46:06.280 --> 0:46:09.839
<v Speaker 7>did the killing is the junkie hotel janitor maintenance man

0:46:09.920 --> 0:46:13.280
<v Speaker 7>named Justin Snead, and he was convicted of the murder,

0:46:13.320 --> 0:46:15.040
<v Speaker 7>but you know, was not sentenced to death. He cut

0:46:15.080 --> 0:46:19.440
<v Speaker 7>a deal, pointed a finger at his boss. There's zero evidence,

0:46:19.600 --> 0:46:23.280
<v Speaker 7>zero corroboration. We did some forensic accounting or the defense

0:46:23.320 --> 0:46:26.120
<v Speaker 7>attorney did some forensic accounting to show this idea of

0:46:26.200 --> 0:46:32.840
<v Speaker 7>swindling and taking money is bogus. But conspiracy to murder

0:46:32.920 --> 0:46:35.520
<v Speaker 7>hiring somebody to do a murder as a capital offense,

0:46:35.680 --> 0:46:38.360
<v Speaker 7>and these guys wanted that notch on their belt. I'm convinced.

0:46:38.440 --> 0:46:40.920
<v Speaker 7>I mean, there's just if you look at the evidence,

0:46:41.080 --> 0:46:43.359
<v Speaker 7>there is none. It's just one of these cases where

0:46:43.360 --> 0:46:48.239
<v Speaker 7>it's so bizarre. And this guy has been on it's

0:46:48.280 --> 0:46:49.879
<v Speaker 7>been two years since I did the show. It's either

0:46:49.920 --> 0:46:53.239
<v Speaker 7>thirty five days or thirty eight days prior to your execution,

0:46:53.400 --> 0:46:57.520
<v Speaker 7>your move from one terrible cell in death row to

0:46:57.680 --> 0:47:01.160
<v Speaker 7>your final cell where you're placed on death watch, where

0:47:01.200 --> 0:47:03.640
<v Speaker 7>the lights are on twenty four seven. You now only

0:47:03.680 --> 0:47:06.600
<v Speaker 7>have one meal a day. You are sleeping on a

0:47:06.640 --> 0:47:10.800
<v Speaker 7>thin like half inch excuse for a mattress instead of

0:47:10.840 --> 0:47:13.839
<v Speaker 7>a real cot and they're just trying to wear you down.

0:47:13.880 --> 0:47:17.160
<v Speaker 7>And this poor guy has gone through this process three times.

0:47:17.560 --> 0:47:20.279
<v Speaker 7>He's had the portal placed in his arm awaiting the

0:47:20.360 --> 0:47:23.080
<v Speaker 7>lethal injection drugs. When they realized, oh, we have the

0:47:23.120 --> 0:47:25.399
<v Speaker 7>wrong drugs. That's the only thing that has saved this guy.

0:47:25.480 --> 0:47:28.640
<v Speaker 7>We're two mistakes by the prison. The first attempt to

0:47:28.719 --> 0:47:31.440
<v Speaker 7>kill him, there was a stay because a new witness

0:47:31.480 --> 0:47:34.960
<v Speaker 7>came along and the government dismissed it as being relevant.

0:47:35.080 --> 0:47:37.360
<v Speaker 7>But that was the first day. The other two stays,

0:47:37.480 --> 0:47:40.799
<v Speaker 7>the last two stays were because of botched execution. And

0:47:40.840 --> 0:47:43.760
<v Speaker 7>there's just no evidence tying this guy to the murder.

0:47:43.960 --> 0:47:47.560
<v Speaker 7>The convicted killer who confessed to doing it is serving

0:47:47.600 --> 0:47:50.759
<v Speaker 7>a life sentence, whereas the guy who allegedly hired him

0:47:50.800 --> 0:47:53.879
<v Speaker 7>for which there's snow proof, is on death row under

0:47:53.880 --> 0:47:55.400
<v Speaker 7>the most miserable conditions.

0:47:55.640 --> 0:47:55.920
<v Speaker 5>You know.

0:47:56.200 --> 0:48:02.200
<v Speaker 7>And this is where my big thing is prosecutorial immunity.

0:48:02.400 --> 0:48:04.359
<v Speaker 7>You know, on the one hand, it's been argued to me, well,

0:48:04.400 --> 0:48:07.520
<v Speaker 7>prosecutors have to be immune from their actions because you know,

0:48:07.560 --> 0:48:11.560
<v Speaker 7>in many places prosecutors are underpaid. You know, you wouldn't

0:48:11.600 --> 0:48:14.080
<v Speaker 7>get good prosecutors to do their job if they were

0:48:14.200 --> 0:48:17.319
<v Speaker 7>fearful of immunity. I get that on a certain level.

0:48:17.320 --> 0:48:20.040
<v Speaker 7>And there's lots of great prosecutors and not everyone's a

0:48:20.080 --> 0:48:22.640
<v Speaker 7>bad guy, and not every CoP's a bad cop. And

0:48:22.719 --> 0:48:25.160
<v Speaker 7>I'm like, like, you can't paint people with a broad stroke.

0:48:26.040 --> 0:48:30.200
<v Speaker 7>But there's got to be a happy medium where willful

0:48:30.400 --> 0:48:35.560
<v Speaker 7>withholding of evidence. Prosecutors have got to be held accountable

0:48:35.560 --> 0:48:37.200
<v Speaker 7>and a lot of this shit would go away in

0:48:37.239 --> 0:48:41.160
<v Speaker 7>my opinion. I mean, you know, Judge Janine Janine Piro,

0:48:41.520 --> 0:48:45.640
<v Speaker 7>the Fox commentator in the case of Jeffrey Dskovic, she

0:48:45.880 --> 0:48:49.400
<v Speaker 7>fought DNA testing for a long time. You know, she

0:48:49.480 --> 0:48:53.600
<v Speaker 7>went off to go run for office, and then her successor, Janetdfiori, said,

0:48:53.600 --> 0:48:56.400
<v Speaker 7>of course, we'll test the DNA. The DNA was tested

0:48:56.480 --> 0:48:58.640
<v Speaker 7>and it immediately pointed to another person.

0:49:00.160 --> 0:49:04.040
<v Speaker 1>Season four of Romful Conviction, Episode eight, Jeffrey Deskovic.

0:49:05.200 --> 0:49:07.400
<v Speaker 8>And then the trial comes in. Just before the trial,

0:49:07.920 --> 0:49:11.520
<v Speaker 8>the results of the DNA test comes back from the

0:49:11.560 --> 0:49:15.759
<v Speaker 8>FBI laboratory, which shows that the seamen found and the

0:49:15.840 --> 0:49:16.960
<v Speaker 8>victim didn't.

0:49:16.680 --> 0:49:18.760
<v Speaker 1>Match me, right, because remember she was raped.

0:49:19.040 --> 0:49:21.839
<v Speaker 8>She was raped, yes, And by the way, the lieutenant

0:49:21.880 --> 0:49:25.640
<v Speaker 8>who oversaw everything. In the letter that he penned to

0:49:25.719 --> 0:49:29.800
<v Speaker 8>the FBI asking them to expedite the testing. He wrote

0:49:29.840 --> 0:49:32.640
<v Speaker 8>in the letter that the DNA testing would either show

0:49:32.719 --> 0:49:36.399
<v Speaker 8>my guilt or it would exonerate me. But when it

0:49:36.440 --> 0:49:40.680
<v Speaker 8>came back and it didn't match me, my lawyer did

0:49:40.719 --> 0:49:44.279
<v Speaker 8>try to get the indictment dismissed against me based on that,

0:49:44.440 --> 0:49:46.080
<v Speaker 8>but the judge denied that motion.

0:49:47.120 --> 0:49:52.560
<v Speaker 1>That alone seems so just incomprehensible to me. I mean,

0:49:53.160 --> 0:49:55.680
<v Speaker 1>the judge is impartial, right, we know the prosecutor has

0:49:55.719 --> 0:49:59.040
<v Speaker 1>an agenda, but the judge's impartial. Yeah, I don't know,

0:49:59.080 --> 0:50:01.720
<v Speaker 1>I don't understand. You know that back then DNA wasn't

0:50:02.280 --> 0:50:03.399
<v Speaker 1>it wasn't as well known.

0:50:03.480 --> 0:50:05.879
<v Speaker 8>But to be clear, I mean, DNA started being used

0:50:05.920 --> 0:50:08.840
<v Speaker 8>in the court system as early as nineteen eighty seven,

0:50:08.920 --> 0:50:11.920
<v Speaker 8>and this we're on trial now in nineteen ninety, so

0:50:12.000 --> 0:50:14.880
<v Speaker 8>it's been around for three years. So while not in

0:50:14.960 --> 0:50:19.440
<v Speaker 8>currency like now, it is not exactly totally unknown.

0:50:19.400 --> 0:50:21.320
<v Speaker 1>Right, and it's perfect I mean.

0:50:21.280 --> 0:50:22.720
<v Speaker 8>Right, it's the gold standard.

0:50:22.880 --> 0:50:27.560
<v Speaker 1>Yeah, so your DNA doesn't match. This is an inconvenient

0:50:27.680 --> 0:50:32.600
<v Speaker 1>truth for the authorities, and the judge allows this. This

0:50:32.719 --> 0:50:36.920
<v Speaker 1>circus to go on. Meanwhile, let's spend a moment talking

0:50:36.960 --> 0:50:42.160
<v Speaker 1>about the actual perpetrator. Yes, because every time, and I

0:50:42.200 --> 0:50:44.719
<v Speaker 1>sound like a broken record when I say this, but

0:50:44.880 --> 0:50:49.080
<v Speaker 1>every time that somebody like you gets convicted wrongfully, the

0:50:49.120 --> 0:50:52.640
<v Speaker 1>actual perpetrator, they stop looking for him. Right, the case

0:50:52.719 --> 0:50:56.680
<v Speaker 1>is closed, And in this case, the consequences were very real.

0:50:57.000 --> 0:51:01.120
<v Speaker 8>Yes, school teacher Patricia Morrison who had a couple of kids.

0:51:01.120 --> 0:51:04.799
<v Speaker 8>She was from Peak Skill, and she was killed by

0:51:04.800 --> 0:51:08.080
<v Speaker 8>the stained perpetrator, Stephen Cunningham. She was killed three and

0:51:08.080 --> 0:51:11.279
<v Speaker 8>a half years later as a result of Cunningham being

0:51:11.360 --> 0:51:14.120
<v Speaker 8>left free on the street while I was doing time

0:51:14.239 --> 0:51:15.000
<v Speaker 8>for his crime.

0:51:15.520 --> 0:51:18.640
<v Speaker 1>Now you say, the real perpetrator, how do we know that?

0:51:18.840 --> 0:51:21.520
<v Speaker 8>Well, here, great, that's a great question. I'm so glad

0:51:21.600 --> 0:51:26.840
<v Speaker 8>you asked. Because the DNA matched him, because he got

0:51:26.840 --> 0:51:30.960
<v Speaker 8>caught for the second murder Patricia Morrison, which resulted in

0:51:31.000 --> 0:51:33.640
<v Speaker 8>his being incarcerated and having to give up a DNA

0:51:33.800 --> 0:51:36.880
<v Speaker 8>sample which was put into the data bank. And so

0:51:36.920 --> 0:51:41.000
<v Speaker 8>when I eventually got the further testing with the Innocence

0:51:41.040 --> 0:51:47.239
<v Speaker 8>Projects help, it matched him. Then he subsequently confessed and

0:51:47.320 --> 0:51:48.560
<v Speaker 8>he played guilty in court.

0:51:48.760 --> 0:51:51.719
<v Speaker 1>When did this happen that happened.

0:51:51.239 --> 0:51:54.239
<v Speaker 8>Twelve and a half years after he killed a second victim.

0:51:54.360 --> 0:51:59.600
<v Speaker 1>Well, so, Patricia Morrison, yes, today would be probably a

0:51:59.680 --> 0:52:02.680
<v Speaker 1>LUs sitting around with her grandchildren, you know, probably be

0:52:02.680 --> 0:52:05.200
<v Speaker 1>a retired school teacher by now having a nice life.

0:52:05.239 --> 0:52:07.480
<v Speaker 1>Her children would have grown up as they deserve too,

0:52:07.520 --> 0:52:10.440
<v Speaker 1>as everyone deserves to with their mother. The rest of

0:52:10.440 --> 0:52:14.879
<v Speaker 1>her family wouldn't have gone through this horrendous loss. None

0:52:14.880 --> 0:52:16.759
<v Speaker 1>of it had to happen except for the fact that

0:52:16.840 --> 0:52:20.520
<v Speaker 1>they went on this crazy witch hunt to convict you,

0:52:20.760 --> 0:52:23.400
<v Speaker 1>Jeffrey Deskovic, of a crime that they knew you didn't commit.

0:52:25.000 --> 0:52:29.279
<v Speaker 7>So he was exonerated, got millions of dollars from Westchester

0:52:29.320 --> 0:52:32.400
<v Speaker 7>County and Putnam County, which the taxpayers should be livid

0:52:32.440 --> 0:52:34.760
<v Speaker 7>about that. You know, this case was allowed to happen,

0:52:35.000 --> 0:52:37.600
<v Speaker 7>and the same thing in Damien's case. They were you know,

0:52:37.680 --> 0:52:40.640
<v Speaker 7>the seven or eight years was spent with a guy

0:52:40.719 --> 0:52:45.120
<v Speaker 7>on death row. Seven or eight years was spent fighting

0:52:45.680 --> 0:52:50.680
<v Speaker 7>DNA testing because of the finality of judgment concept in

0:52:50.719 --> 0:52:52.719
<v Speaker 7>our legal system, which is absurd.

0:52:53.920 --> 0:52:56.719
<v Speaker 5>Years later they do DNA testing, find out that the

0:52:56.760 --> 0:52:58.600
<v Speaker 5>DNA does not match me or the other two guys

0:52:58.640 --> 0:53:01.600
<v Speaker 5>they convicted to this they still have not run that

0:53:01.680 --> 0:53:04.640
<v Speaker 5>DNA through CODIS to see who it matches. They refuse

0:53:04.760 --> 0:53:05.120
<v Speaker 5>to do that.

0:53:05.960 --> 0:53:08.799
<v Speaker 1>Yeah, which is so strange because in a case like this,

0:53:09.320 --> 0:53:11.680
<v Speaker 1>especially in the small community, the people who are doing

0:53:11.680 --> 0:53:14.200
<v Speaker 1>investigating live in that community. By definition, When you have

0:53:14.239 --> 0:53:16.720
<v Speaker 1>somebody out there who's capable of this sort of pure evil,

0:53:17.520 --> 0:53:20.360
<v Speaker 1>you would think, if for no other reason than purely

0:53:20.400 --> 0:53:22.759
<v Speaker 1>selfish reasons, you would want to get that person off

0:53:22.800 --> 0:53:26.520
<v Speaker 1>the street. But that's not what happened, and it happens

0:53:26.600 --> 0:53:31.040
<v Speaker 1>too frequently that these various factors combine to result in

0:53:31.080 --> 0:53:32.480
<v Speaker 1>a tragic outcome.

0:53:32.719 --> 0:53:36.000
<v Speaker 5>And what people don't realize also, you know, just most

0:53:36.000 --> 0:53:38.840
<v Speaker 5>people's knowledge of the legal system comes from watching TV,

0:53:39.160 --> 0:53:41.840
<v Speaker 5>and it fosters this idea that these people, these judges,

0:53:41.920 --> 0:53:45.400
<v Speaker 5>these prosecutors, these attorney generals, that they have these positions

0:53:45.440 --> 0:53:48.520
<v Speaker 5>because there's somehow moral people. They're good people who are

0:53:48.520 --> 0:53:51.799
<v Speaker 5>looking out for society. In actual fact, these are politicians,

0:53:52.000 --> 0:53:55.799
<v Speaker 5>just like senators, just like congressmen. Their number one priority

0:53:55.920 --> 0:53:58.279
<v Speaker 5>is winning that next election. So they are going to

0:53:58.360 --> 0:54:01.960
<v Speaker 5>do or that next case exactly whatever the community is

0:54:02.280 --> 0:54:04.160
<v Speaker 5>pressuring them to do. That's the way they're going to

0:54:04.280 --> 0:54:06.120
<v Speaker 5>lean because they want to win the next election.

0:54:11.360 --> 0:54:14.520
<v Speaker 7>The legal system should be about finding the truth and

0:54:14.560 --> 0:54:17.120
<v Speaker 7>if there's reason to believe that somebody has a wrongful

0:54:17.160 --> 0:54:20.600
<v Speaker 7>conviction claim, especially with the advent of DNA technology, which

0:54:20.680 --> 0:54:22.839
<v Speaker 7>you know, that's a new that was a new thing.

0:54:23.560 --> 0:54:28.319
<v Speaker 7>The fact that a prosecutor can fight DNA testing like

0:54:28.480 --> 0:54:30.480
<v Speaker 7>they did in Damien's case for eight or nine years,

0:54:30.840 --> 0:54:33.680
<v Speaker 7>like they did in Jeffrey Dskovic's case, which resulted in

0:54:33.719 --> 0:54:37.080
<v Speaker 7>the death of another innocent human being, it's just outrageous.

0:54:36.800 --> 0:54:38.680
<v Speaker 1>You know. And that's true too in the Central Park

0:54:38.719 --> 0:54:42.520
<v Speaker 1>five case, where Linda Fairstein prosecuted those five kids even

0:54:42.560 --> 0:54:45.040
<v Speaker 1>though she knew she had the evidence, she knew they

0:54:45.040 --> 0:54:47.840
<v Speaker 1>didn't do it, and they had every reason to suspect

0:54:47.840 --> 0:54:50.279
<v Speaker 1>that Matthias Rays was the actual killer. Ye, and then

0:54:50.320 --> 0:54:52.560
<v Speaker 1>he went out and raped three other women and killed

0:54:52.560 --> 0:54:54.120
<v Speaker 1>one of them in front of her kids. I mean,

0:54:54.200 --> 0:54:56.799
<v Speaker 1>it's like, I mean, I'm getting the shells just thinking

0:54:56.840 --> 0:54:59.360
<v Speaker 1>about it. Like that is so bad and we should

0:54:59.480 --> 0:55:01.719
<v Speaker 1>all want that to end, right.

0:55:02.320 --> 0:55:05.120
<v Speaker 7>I'm telling you, If some tougher laws were passed about

0:55:05.160 --> 0:55:07.960
<v Speaker 7>prosecutors being held accountable for their actions, I think a

0:55:08.040 --> 0:55:10.640
<v Speaker 7>lot of the shit would end, it's about winning at

0:55:10.640 --> 0:55:13.160
<v Speaker 7>all costs. It's not about the search for the truth.

0:55:13.320 --> 0:55:16.760
<v Speaker 7>And again, I'm friends with a prosecutor. I know many

0:55:16.800 --> 0:55:19.880
<v Speaker 7>good prosecutors. There's good guys out there, so I'm not

0:55:19.920 --> 0:55:22.680
<v Speaker 7>saying every prosecutor is like that. But it's the system

0:55:22.760 --> 0:55:25.719
<v Speaker 7>is human. It's the reason you cannot have a death

0:55:25.760 --> 0:55:29.200
<v Speaker 7>penalty because the system is human and it's so easy.

0:55:29.239 --> 0:55:33.280
<v Speaker 7>We see with Damien how an innocent person can be killed.

0:55:33.800 --> 0:55:36.440
<v Speaker 7>And so I've spent a lot of times talking to

0:55:36.480 --> 0:55:40.120
<v Speaker 7>the mothers of victims of violent crime, and they want vengeance.

0:55:40.160 --> 0:55:42.600
<v Speaker 7>And I understand that desire to have vengeance. And I

0:55:42.600 --> 0:55:44.239
<v Speaker 7>don't want to look a mother in the eye and

0:55:44.239 --> 0:55:47.520
<v Speaker 7>say to her, you don't morally have the right to

0:55:48.320 --> 0:55:51.920
<v Speaker 7>want the death of the killer of your child. But

0:55:52.000 --> 0:55:54.640
<v Speaker 7>we don't even have to get to that moral place

0:55:54.800 --> 0:55:59.080
<v Speaker 7>because the death of one innocent person on death row,

0:55:59.280 --> 0:56:01.000
<v Speaker 7>to me, means you can can't have a death penalty

0:56:01.040 --> 0:56:03.760
<v Speaker 7>because the system is fallible. It's run by human beings,

0:56:03.960 --> 0:56:06.120
<v Speaker 7>some of whom want to win at all costs.

0:56:06.400 --> 0:56:08.759
<v Speaker 1>No, that's the argument I have with anybody who's pro

0:56:08.840 --> 0:56:12.000
<v Speaker 1>death penalty. I always say, okay, what percentage of innocent people,

0:56:12.040 --> 0:56:15.000
<v Speaker 1>Are you okay with executive exactly ten percent? I mean,

0:56:15.040 --> 0:56:16.960
<v Speaker 1>we know that of the people that have been exonerated

0:56:16.960 --> 0:56:19.680
<v Speaker 1>from death row, there's proof that four percent of people

0:56:19.840 --> 0:56:22.120
<v Speaker 1>that were on death row are innocent. But we don't

0:56:22.160 --> 0:56:24.319
<v Speaker 1>know how many others were executed that were innocent as well,

0:56:24.320 --> 0:56:28.359
<v Speaker 1>because most of those cases just literally die when that

0:56:28.400 --> 0:56:31.880
<v Speaker 1>death takes place. No one goes and investigates those cases.

0:56:32.080 --> 0:56:34.000
<v Speaker 1>I want to say too, there was one period of

0:56:34.000 --> 0:56:39.160
<v Speaker 1>time where Harry Conic Senior was theda in New Orleans

0:56:39.160 --> 0:56:41.600
<v Speaker 1>and he put eight people on death row, and six

0:56:41.640 --> 0:56:44.279
<v Speaker 1>of them were exonerated. I don't know whether the other

0:56:44.320 --> 0:56:46.439
<v Speaker 1>two are innocent or guilty or what became of them,

0:56:46.480 --> 0:56:49.759
<v Speaker 1>but that was a pretty scary time right there. And

0:56:49.800 --> 0:56:53.000
<v Speaker 1>there was that amazing sixty minutes piece where another prosecutor

0:56:53.000 --> 0:56:56.239
<v Speaker 1>from New Orleans actually came forward and with tears and

0:56:56.280 --> 0:56:59.359
<v Speaker 1>said that you know, he feels terrible to this day

0:56:59.360 --> 0:57:01.480
<v Speaker 1>about a guy that he put on death row that

0:57:01.520 --> 0:57:03.680
<v Speaker 1>he knew was innocent, and he witheld the evidence, and

0:57:03.719 --> 0:57:06.600
<v Speaker 1>he talks about his sort of perverse motives and it's

0:57:06.680 --> 0:57:09.440
<v Speaker 1>just not a thing, like the death penalty is not

0:57:09.480 --> 0:57:12.560
<v Speaker 1>a thing, and just a slight divergence. You know, when

0:57:12.600 --> 0:57:16.320
<v Speaker 1>you said earlier that the typical exonnery gets a million

0:57:16.360 --> 0:57:19.439
<v Speaker 1>dollars a year, the typical exunery actually gets nothing, right.

0:57:19.520 --> 0:57:21.560
<v Speaker 1>I mean, some of them get paid, but even then

0:57:21.600 --> 0:57:25.000
<v Speaker 1>it varies wildly from whether they get paid thousands of

0:57:25.080 --> 0:57:27.800
<v Speaker 1>dollars or tens of thousands, or in the rare case

0:57:27.880 --> 0:57:30.400
<v Speaker 1>like Jeffrey Eskobic, they actually did manage to get millions

0:57:30.440 --> 0:57:32.680
<v Speaker 1>of dollars. But those are rare. You have to prove

0:57:32.720 --> 0:57:35.560
<v Speaker 1>civil rights violations. And I'll never forget there was a

0:57:35.560 --> 0:57:38.480
<v Speaker 1>guy who actually was friendly with he's gone now, but

0:57:39.160 --> 0:57:43.360
<v Speaker 1>he was sentenced to death in Louisiana and came within

0:57:44.120 --> 0:57:48.720
<v Speaker 1>days of being executed before somebody found with a microscope

0:57:48.760 --> 0:57:52.560
<v Speaker 1>and some brilliant scientific research was able to prove with

0:57:52.640 --> 0:57:56.400
<v Speaker 1>DNA that he was innocent, and he was exonerated and freed,

0:57:56.520 --> 0:58:00.200
<v Speaker 1>and he was awarded fourteen and a half million dollars,

0:58:00.320 --> 0:58:02.280
<v Speaker 1>and the State of Louisiana appealed all the way to

0:58:02.320 --> 0:58:05.120
<v Speaker 1>the US Supreme Court, and the Supreme Court overturned the

0:58:05.160 --> 0:58:08.120
<v Speaker 1>award five to four. He had proven that they had

0:58:08.160 --> 0:58:11.400
<v Speaker 1>willfully prosecuted him while knowing that he was innocent, and

0:58:11.440 --> 0:58:14.560
<v Speaker 1>the Supreme Court made some bizarre ruling that it wasn't

0:58:14.600 --> 0:58:18.560
<v Speaker 1>the responsibility of the prosecutors to train the younger prosecutors,

0:58:18.600 --> 0:58:21.160
<v Speaker 1>that they had to turn over culpatory evidence, and that

0:58:21.200 --> 0:58:23.560
<v Speaker 1>he had to prove a pattern of misconduct. You know,

0:58:23.880 --> 0:58:27.360
<v Speaker 1>it was just totally nuts. And he wrote an op

0:58:27.520 --> 0:58:30.200
<v Speaker 1>ed in the New York Times where he said, I

0:58:30.240 --> 0:58:34.440
<v Speaker 1>don't understand why the prosecutor who tried to kill me,

0:58:34.960 --> 0:58:38.640
<v Speaker 1>knowing I was innocent, wouldn't be charged with attempted murder. Yeah,

0:58:38.840 --> 0:58:41.520
<v Speaker 1>I mean, rest in peace. He was a wonderful guy.

0:58:41.680 --> 0:58:43.760
<v Speaker 1>And what you know, I had breakfast with him actually

0:58:44.000 --> 0:58:46.200
<v Speaker 1>within days of the time the Supreme Court overturned his

0:58:46.240 --> 0:58:49.000
<v Speaker 1>award and he got nothing. I was happy to be alive.

0:58:49.720 --> 0:58:51.280
<v Speaker 1>And I'm glad you said what you said, Joe, because

0:58:51.320 --> 0:58:54.840
<v Speaker 1>I also believed that. I still believe in in people.

0:58:54.840 --> 0:58:57.920
<v Speaker 1>I still believe in in prosecutors and police, and I

0:58:57.960 --> 0:58:59.800
<v Speaker 1>believe in a system of laws. And I think that

0:58:59.840 --> 0:59:02.800
<v Speaker 1>the the large majority of people in our system are

0:59:02.840 --> 0:59:04.800
<v Speaker 1>good people. I think most of the judges are good.

0:59:04.960 --> 0:59:07.240
<v Speaker 1>But the ones that are bad, we should all want

0:59:07.280 --> 0:59:10.200
<v Speaker 1>to get rid of them because they do such terrible

0:59:10.280 --> 0:59:12.600
<v Speaker 1>damage that they do damage to the reputation of the

0:59:12.600 --> 0:59:15.760
<v Speaker 1>profession as a whole as well. And these stories are real,

0:59:15.800 --> 0:59:19.640
<v Speaker 1>These are real people, right, Richard Glossip. It's unimaginable, And

0:59:19.680 --> 0:59:22.640
<v Speaker 1>I'm glad you brought that up too, because what the

0:59:22.760 --> 0:59:26.080
<v Speaker 1>fuck kind of sense does it make that before they

0:59:26.120 --> 0:59:30.240
<v Speaker 1>execute you, they go through this torture, like literal torture.

0:59:30.280 --> 0:59:32.680
<v Speaker 1>And you know, there was a guy in Virginia whose

0:59:32.680 --> 0:59:34.760
<v Speaker 1>case I've been involved with, and thankfully we were able

0:59:34.800 --> 0:59:38.960
<v Speaker 1>to prevent his execution because he's innocent, guy Naman Bontelugus.

0:59:39.400 --> 0:59:43.200
<v Speaker 1>And during the process of you know, working through his case,

0:59:43.400 --> 0:59:46.800
<v Speaker 1>I learned that they have a practice in the Commonwealth

0:59:46.840 --> 0:59:50.200
<v Speaker 1>of Virginia where I think it's fifteen days or three

0:59:50.280 --> 0:59:53.400
<v Speaker 1>weeks before your execution, they move you to another cell

0:59:53.480 --> 0:59:55.520
<v Speaker 1>where you to have none of your books. You have

0:59:55.680 --> 0:59:58.960
<v Speaker 1>basically nothing. The lights are on, like you said, the

0:59:59.000 --> 1:00:01.320
<v Speaker 1>whole time, and they come and check on you every

1:00:01.320 --> 1:00:03.840
<v Speaker 1>fifteen minutes, So they wake you up every fifteen minutes

1:00:04.240 --> 1:00:06.080
<v Speaker 1>and go, hey, just want to make sure Joe everything

1:00:06.160 --> 1:00:08.160
<v Speaker 1>okay in there, Like I just want to you know,

1:00:08.240 --> 1:00:13.720
<v Speaker 1>like what what I mean, Well, who came up with that?

1:00:13.800 --> 1:00:15.520
<v Speaker 7>Well, I think they're trying to wear you down. So

1:00:15.680 --> 1:00:17.960
<v Speaker 7>why so you just accept your death so that you

1:00:17.960 --> 1:00:22.040
<v Speaker 7>don't make a scene for the witnesses who are experiencing it.

1:00:22.120 --> 1:00:22.800
<v Speaker 1>Is that what it is?

1:00:22.840 --> 1:00:25.000
<v Speaker 7>I don't know, I mean, and no one's told me that,

1:00:25.040 --> 1:00:26.720
<v Speaker 7>but I just feel like they're just trying to wear

1:00:26.760 --> 1:00:29.000
<v Speaker 7>you down so you don't fight back. And Glossop told

1:00:29.040 --> 1:00:31.360
<v Speaker 7>me himself, like he was so tired that, you know,

1:00:31.400 --> 1:00:33.760
<v Speaker 7>he was accepting of his fate even though he knew

1:00:33.760 --> 1:00:35.840
<v Speaker 7>it was wrong, you know, and if it wasn't for

1:00:35.880 --> 1:00:38.200
<v Speaker 7>the wrong drug, he'd be gone.

1:00:38.880 --> 1:00:43.120
<v Speaker 1>It's so incredibly troubling because like, why just why you

1:00:43.200 --> 1:00:45.520
<v Speaker 1>got the guy you wanted, you got the actual killer.

1:00:45.560 --> 1:00:48.480
<v Speaker 1>You guys did your job right, It's done. What do

1:00:48.480 --> 1:00:50.880
<v Speaker 1>you need the extra body for what? And there's so

1:00:50.960 --> 1:00:52.600
<v Speaker 1>many richer Glossops out there, I mean.

1:00:52.840 --> 1:00:58.200
<v Speaker 7>The other weird and hard dynamic is that the family

1:00:58.480 --> 1:01:02.480
<v Speaker 7>of the victim in that case believes the Golossip is guilty.

1:01:02.640 --> 1:01:08.400
<v Speaker 7>And for years, the families of the West Memphis Three, sorry,

1:01:08.600 --> 1:01:12.280
<v Speaker 7>the families of the victims, the parents of Michael Moore,

1:01:12.480 --> 1:01:16.880
<v Speaker 7>Christopher Buyers, and Stevie branch It thought we were horrible people,

1:01:17.040 --> 1:01:19.520
<v Speaker 7>just Hollywood elites, and so funny when I don't call

1:01:19.560 --> 1:01:21.960
<v Speaker 7>the Hollywood elite. I live an hour north of Manhattan,

1:01:21.960 --> 1:01:26.040
<v Speaker 7>and you know that as far away from Hollywood as possible,

1:01:26.360 --> 1:01:30.000
<v Speaker 7>But you know that somehow Hollywood elites conspire to get

1:01:30.040 --> 1:01:32.920
<v Speaker 7>these devil worshipers out of prison. For years, they hated us,

1:01:33.320 --> 1:01:36.520
<v Speaker 7>call us names, and that's painful because you don't want

1:01:36.520 --> 1:01:39.520
<v Speaker 7>to as makers of these things. You want to shine

1:01:39.560 --> 1:01:41.400
<v Speaker 7>a light on the truth, but you don't want to

1:01:41.480 --> 1:01:45.320
<v Speaker 7>cause the famili's pain. And that's the disservice that these

1:01:45.440 --> 1:01:49.880
<v Speaker 7>police officials and prosecutors who maintain this facade of righteousness,

1:01:50.160 --> 1:01:53.000
<v Speaker 7>that's the damage they inflict on the family members because

1:01:53.040 --> 1:01:57.760
<v Speaker 7>a there's no justice because the real killers are running free.

1:01:58.160 --> 1:02:01.400
<v Speaker 7>And secondly, the healing process. You know, we're both parents

1:02:01.400 --> 1:02:04.360
<v Speaker 7>and I can't imagine, you know, anything worse than losing

1:02:04.360 --> 1:02:07.080
<v Speaker 7>a child, and there's no closure for losing a child,

1:02:07.160 --> 1:02:11.160
<v Speaker 7>but there certainly can be finality to the experience, and

1:02:11.200 --> 1:02:16.640
<v Speaker 7>your healing process is predicated on knowing justice has been served.

1:02:16.920 --> 1:02:19.960
<v Speaker 7>And so we came along and upset the apple cart

1:02:19.960 --> 1:02:22.080
<v Speaker 7>by coming out with a film that's saying, hey, everything,

1:02:22.120 --> 1:02:25.440
<v Speaker 7>the police and prosecution and all your ten thousand meetings

1:02:25.440 --> 1:02:29.320
<v Speaker 7>with these people is wrong, and you're putting these families

1:02:29.480 --> 1:02:34.160
<v Speaker 7>through a double tragedy. And for years they hated our guts,

1:02:34.200 --> 1:02:36.920
<v Speaker 7>and two of the three families came to accept our

1:02:36.920 --> 1:02:39.840
<v Speaker 7>point of view by the end of the Second Paradise Loss,

1:02:40.520 --> 1:02:43.720
<v Speaker 7>but even by the time of the Third Paradise Loss,

1:02:43.720 --> 1:02:46.640
<v Speaker 7>which came out in twenty eleven and coincided with their release.

1:02:47.160 --> 1:02:50.120
<v Speaker 7>One of the families. You know, the movie was nominated

1:02:50.120 --> 1:02:52.280
<v Speaker 7>for an Academy Award and some other prizes. And I

1:02:52.360 --> 1:02:56.400
<v Speaker 7>mentioned that only because these families took the time to

1:02:56.560 --> 1:02:59.400
<v Speaker 7>write to the Academy and to the Director's Guild and

1:02:59.440 --> 1:03:02.400
<v Speaker 7>every place that had nominated us for a prize, to

1:03:02.440 --> 1:03:05.160
<v Speaker 7>say that these films are works of fiction, that we

1:03:05.360 --> 1:03:08.960
<v Speaker 7>manipulated them, we lied to them, that the West Memphis

1:03:09.040 --> 1:03:12.240
<v Speaker 7>Three are guilty. And I look, I have, even though

1:03:12.280 --> 1:03:15.240
<v Speaker 7>they hate us, I have endless reservoirs of sympathy for them,

1:03:15.280 --> 1:03:19.320
<v Speaker 7>because again, going through this experience is every parent's worst nightmare,

1:03:19.360 --> 1:03:22.200
<v Speaker 7>and then to be victimized by the system again because

1:03:22.240 --> 1:03:25.600
<v Speaker 7>the police and the prosecution have lied to them. That's

1:03:25.640 --> 1:03:27.920
<v Speaker 7>the other part that people don't really think about, is

1:03:27.960 --> 1:03:30.480
<v Speaker 7>what happens to the victims when the truth is just

1:03:30.640 --> 1:03:31.320
<v Speaker 7>not the truth.

1:03:31.760 --> 1:03:33.880
<v Speaker 1>Who do you think killed those kids?

1:03:34.680 --> 1:03:37.760
<v Speaker 7>Oh, I don't want to do. I don't want to

1:03:37.800 --> 1:03:41.600
<v Speaker 7>do to somebody else what I think was done to Damien.

1:03:42.720 --> 1:03:44.640
<v Speaker 7>What I do know is that the case needs to

1:03:44.640 --> 1:03:50.680
<v Speaker 7>be reopened. That we all know that no sane prosecutor

1:03:50.880 --> 1:03:55.200
<v Speaker 7>would knowingly let convicted teen Satanist child killers out into

1:03:55.240 --> 1:03:57.600
<v Speaker 7>the real world if they had any kind of belief

1:03:57.640 --> 1:04:00.000
<v Speaker 7>that they were guilty. If they did, because the argus

1:04:00.160 --> 1:04:03.120
<v Speaker 7>been in Arkansas amongst some of these officials is there

1:04:03.200 --> 1:04:05.880
<v Speaker 7>was so much pressure from Johnny Depp and Eddie Vedder

1:04:05.920 --> 1:04:09.720
<v Speaker 7>and Peter Jackson. Well, shame on you. You're gonna let a

1:04:09.720 --> 1:04:13.760
<v Speaker 7>convicted child killer who you believe is capable of castrating

1:04:13.760 --> 1:04:16.600
<v Speaker 7>little boys in a Satanic ritual. You're going to let

1:04:16.600 --> 1:04:19.440
<v Speaker 7>them out after eighteen years because Johnny Depp said to

1:04:19.760 --> 1:04:22.400
<v Speaker 7>So if that's true, shame on you. And if you

1:04:22.440 --> 1:04:25.080
<v Speaker 7>don't believe that and they're actually innocent, as we all know,

1:04:25.680 --> 1:04:28.120
<v Speaker 7>then shame on you for sticking with this Alfred plea

1:04:28.240 --> 1:04:30.960
<v Speaker 7>and not looking into the case. As we all know,

1:04:31.080 --> 1:04:35.000
<v Speaker 7>there's some evidence that points very directly to one of

1:04:35.040 --> 1:04:38.400
<v Speaker 7>the stepfathers. I don't want to say he's guilty or not,

1:04:39.040 --> 1:04:42.240
<v Speaker 7>but a competent authority needs to look into this, and

1:04:42.320 --> 1:04:45.240
<v Speaker 7>they refuse to because they're hiding behind the Alfred plea.

1:04:45.280 --> 1:04:47.960
<v Speaker 7>And that's the crime here. I mean, there are some

1:04:48.000 --> 1:04:50.840
<v Speaker 7>simple abuses that I think could easily be remedied. One

1:04:50.880 --> 1:04:55.320
<v Speaker 7>is prosecutorial accountability. There's way too much misconduct that needs

1:04:55.320 --> 1:04:58.480
<v Speaker 7>to be arrested, and I think finding the balance between

1:04:58.600 --> 1:05:01.280
<v Speaker 7>making it so scary that a prosecutor doesn't even want

1:05:01.320 --> 1:05:04.040
<v Speaker 7>to take the job, which I understand, versus like just

1:05:04.240 --> 1:05:07.720
<v Speaker 7>wilful withholding of evidence for example, it just needs to

1:05:07.760 --> 1:05:10.720
<v Speaker 7>be stopped. The other thing is that people get a

1:05:10.800 --> 1:05:14.120
<v Speaker 7>vested interest in staying on a case forever. Prosecutors stay

1:05:14.160 --> 1:05:16.800
<v Speaker 7>on a case. Judges in some states like Arkansas are

1:05:16.840 --> 1:05:19.200
<v Speaker 7>allowed to stay on the case if something is up

1:05:19.200 --> 1:05:21.400
<v Speaker 7>for review. The original people should be out of the

1:05:21.440 --> 1:05:24.560
<v Speaker 7>picture immediately. I mean, it just doesn't make sense to me.

1:05:25.520 --> 1:05:29.320
<v Speaker 7>One of the cases that the Supreme Court finally is

1:05:29.360 --> 1:05:32.320
<v Speaker 7>going to hear is the Curtis Flowers case, and we

1:05:32.440 --> 1:05:34.680
<v Speaker 7>profiled Curtis Flowers. I mean, he's the guy I think

1:05:34.800 --> 1:05:37.280
<v Speaker 7>is totally innocent, and we profiled that case on a

1:05:37.320 --> 1:05:40.240
<v Speaker 7>show I do call wrong Man, and the guy has

1:05:40.240 --> 1:05:44.560
<v Speaker 7>been tried. He's the most tried inmate in the history

1:05:44.600 --> 1:05:48.000
<v Speaker 7>of American jurisprudence. Jurisprudence.

1:05:48.560 --> 1:05:50.720
<v Speaker 1>He said, yes, that's right.

1:05:50.760 --> 1:05:55.000
<v Speaker 7>I'm better at filmmaking than vocabulary. He's been tried six

1:05:55.080 --> 1:06:00.640
<v Speaker 7>times and each time it's the same prosecutor, and they

1:06:00.720 --> 1:06:04.919
<v Speaker 7>keep affirming his conviction again, circumstantial evidence and so many

1:06:04.960 --> 1:06:08.120
<v Speaker 7>holes in that case. And thankfully the Supreme Court a

1:06:08.120 --> 1:06:10.080
<v Speaker 7>few weeks ago said they're going to hear the case again.

1:06:10.120 --> 1:06:12.120
<v Speaker 7>But even the Supreme Court hearing the case, if it's

1:06:12.120 --> 1:06:14.800
<v Speaker 7>a good result and the state appeal is overturned by

1:06:14.800 --> 1:06:17.520
<v Speaker 7>the Supreme Court, then it gets remanded back to you know,

1:06:17.600 --> 1:06:20.120
<v Speaker 7>to the state to determine if they're going to try

1:06:20.200 --> 1:06:22.480
<v Speaker 7>him a seventh time, which is absurd, and it's the

1:06:22.520 --> 1:06:23.480
<v Speaker 7>same prosecutor.

1:06:23.560 --> 1:06:26.880
<v Speaker 1>It's like crazy, right, the taxpayer dollars that are being

1:06:27.000 --> 1:06:30.040
<v Speaker 1>expended on this if, I mean, it's probably the least

1:06:30.080 --> 1:06:33.000
<v Speaker 1>important aspect of it, but it's still a remarkable amount

1:06:33.040 --> 1:06:35.880
<v Speaker 1>of time and energy and resources being devoted to persecuting

1:06:35.880 --> 1:06:38.920
<v Speaker 1>this one guy, Curtis Flowers, who was convicted of murdering

1:06:39.040 --> 1:06:42.960
<v Speaker 1>four people in a furniture store in Mississippi.

1:06:42.360 --> 1:06:46.680
<v Speaker 7>Mississippi, four white people. He's a black man. And you

1:06:46.720 --> 1:06:49.760
<v Speaker 7>know that's the other huge problem, as I don't need

1:06:49.800 --> 1:06:53.200
<v Speaker 7>to tell anyone that the extreme racial inequity is in

1:06:53.240 --> 1:06:54.160
<v Speaker 7>our system, you know.

1:06:54.840 --> 1:06:57.600
<v Speaker 1>So we don't have a ton of time left. I

1:06:57.640 --> 1:06:59.640
<v Speaker 1>do want to ask you what do you think about

1:06:59.640 --> 1:07:04.920
<v Speaker 1>the role of media in the criminal justice debate? Right now?

1:07:05.680 --> 1:07:08.120
<v Speaker 1>And then I have one more question for you before

1:07:08.120 --> 1:07:09.320
<v Speaker 1>we go to final thoughts.

1:07:09.400 --> 1:07:12.680
<v Speaker 7>Sure, you know, I think one size does not fit all.

1:07:12.760 --> 1:07:15.400
<v Speaker 7>There's a lot of irresponsible reporting. I mean, we saw

1:07:15.400 --> 1:07:19.760
<v Speaker 7>in the Amanda Knox case that reporters were horrible in

1:07:19.760 --> 1:07:23.160
<v Speaker 7>festering the image of Foxy Noxy and making her seem

1:07:23.200 --> 1:07:26.480
<v Speaker 7>guilty and really did her a disservice in her case.

1:07:26.560 --> 1:07:28.560
<v Speaker 7>And same thing with Echoles. I mean, you know, the

1:07:28.600 --> 1:07:31.640
<v Speaker 7>local media down there was just fanning the flames of

1:07:31.720 --> 1:07:34.840
<v Speaker 7>the monster of the daily headline and the daily news report.

1:07:35.520 --> 1:07:39.320
<v Speaker 7>So there's a lot of irresponsible reporting. There's a lot

1:07:39.360 --> 1:07:42.240
<v Speaker 7>of true crime And I hate that phrase again because

1:07:42.240 --> 1:07:46.280
<v Speaker 7>it somehow implies like I'm considered a true crime filmmaker.

1:07:46.320 --> 1:07:48.360
<v Speaker 7>I'd rather not be known as a true crime filmmaker,

1:07:48.360 --> 1:07:50.760
<v Speaker 7>you know, I'm a filmmaker who's involved in the criminal

1:07:50.840 --> 1:07:54.520
<v Speaker 7>justice system. True crime implies that you're wallowing in the

1:07:54.560 --> 1:07:57.520
<v Speaker 7>misery of others, you know, for entertainment purposes, and that's

1:07:57.560 --> 1:07:59.480
<v Speaker 7>the last thing I'm doing. But some of that stuff

1:07:59.480 --> 1:08:03.000
<v Speaker 7>on some of the networks does that. So I think

1:08:03.040 --> 1:08:08.480
<v Speaker 7>the role of smart, talented storytellers who are shining a

1:08:08.560 --> 1:08:12.080
<v Speaker 7>light on criminal justice abuse has never been more important.

1:08:12.240 --> 1:08:14.320
<v Speaker 7>First of all, for the first time because of the

1:08:14.400 --> 1:08:17.160
<v Speaker 7>last couple of years, with the advent of streaming and

1:08:17.200 --> 1:08:20.760
<v Speaker 7>the growing popularity of documentary in general. You know, when

1:08:20.800 --> 1:08:23.840
<v Speaker 7>I started making films twenty five years ago, if you

1:08:23.840 --> 1:08:26.400
<v Speaker 7>didn't sell your documentary to PBS or HBO, you weren't

1:08:26.400 --> 1:08:29.160
<v Speaker 7>selling your documentary. And now there's just you know, unscripted

1:08:29.240 --> 1:08:31.280
<v Speaker 7>series were never heard of. I mean, that was just

1:08:31.360 --> 1:08:34.479
<v Speaker 7>not even a concept. And with that also has come,

1:08:35.080 --> 1:08:37.600
<v Speaker 7>you know, the blurring of the line between entertainment and

1:08:37.720 --> 1:08:43.160
<v Speaker 7>news at networks has become so blurry that certain stories

1:08:43.160 --> 1:08:45.120
<v Speaker 7>aren't covered. You know, the networks are owned by a

1:08:45.120 --> 1:08:47.760
<v Speaker 7>handful of corporations after all, and I like all the

1:08:47.760 --> 1:08:50.559
<v Speaker 7>companies I work with, but there are certain stories that

1:08:50.720 --> 1:08:53.240
<v Speaker 7>they won't cover for fear of offending advertise. I'm not

1:08:53.320 --> 1:08:55.320
<v Speaker 7>just talking in the criminal justice realm, but there's certain

1:08:55.360 --> 1:08:59.240
<v Speaker 7>stories that either they won't rate, you know, in other words,

1:08:59.280 --> 1:09:03.680
<v Speaker 7>the audience won't be big enough, or they'll offend certain advertisers.

1:09:03.720 --> 1:09:08.120
<v Speaker 7>So today in twenty nineteen, also because of the demise

1:09:08.200 --> 1:09:11.120
<v Speaker 7>of print journalism because of the Internet, you know, newspapers

1:09:11.120 --> 1:09:15.240
<v Speaker 7>have been gutted. You know, I think the independent documentarians

1:09:15.280 --> 1:09:19.760
<v Speaker 7>are doing some of the most robust social justice reporting,

1:09:19.960 --> 1:09:23.839
<v Speaker 7>and so that kind of filmmaking couldn't be more important

1:09:23.840 --> 1:09:26.800
<v Speaker 7>and more timely. But it's hard to paint it all

1:09:26.840 --> 1:09:29.080
<v Speaker 7>with the same brush because there's a lot of horrible

1:09:29.120 --> 1:09:33.280
<v Speaker 7>reporting and irresponsible reporting. But generally I think it's a

1:09:33.280 --> 1:09:33.799
<v Speaker 7>good thing.

1:09:34.880 --> 1:09:39.799
<v Speaker 1>For people that are listening now and who are hearing

1:09:39.960 --> 1:09:45.040
<v Speaker 1>the amazing story of how you sort of almost accidentally

1:09:45.120 --> 1:09:47.800
<v Speaker 1>got involved in this or serendipitously got involved in this

1:09:47.920 --> 1:09:50.760
<v Speaker 1>work and then ended up having an outsize impact. I know,

1:09:51.200 --> 1:09:55.080
<v Speaker 1>for me, more than ever, I'm getting increase from people.

1:09:55.120 --> 1:09:56.880
<v Speaker 1>How do I help? What do I do? I want

1:09:56.880 --> 1:09:58.599
<v Speaker 1>to be involved? I want to do something. I listen

1:09:58.640 --> 1:10:00.720
<v Speaker 1>to your show, or I saw some a TV or

1:10:00.760 --> 1:10:03.240
<v Speaker 1>I came to an Innocence Project event, And what would

1:10:03.240 --> 1:10:05.880
<v Speaker 1>you tell people that are listening now that want to

1:10:05.880 --> 1:10:07.960
<v Speaker 1>get involved, What's what's the best way for them to,

1:10:08.520 --> 1:10:10.360
<v Speaker 1>you know, make a difference. Someone who's not you know,

1:10:10.680 --> 1:10:13.200
<v Speaker 1>isn't a rich person, but it's someone who has a

1:10:13.200 --> 1:10:16.040
<v Speaker 1>heart and who hears about Richard Glossip or hears about

1:10:16.120 --> 1:10:19.280
<v Speaker 1>so many of the other people Yvonne Tellegus or Rob

1:10:19.280 --> 1:10:21.479
<v Speaker 1>will who I recently visited on death row in Texas,

1:10:21.520 --> 1:10:24.280
<v Speaker 1>who's as innocent as as could be. What do you

1:10:24.320 --> 1:10:24.920
<v Speaker 1>tell these people?

1:10:24.960 --> 1:10:27.439
<v Speaker 7>I mean, first of all is awareness. You know, I myself,

1:10:27.479 --> 1:10:30.400
<v Speaker 7>before I got involved in this accidentally went because I

1:10:30.439 --> 1:10:32.680
<v Speaker 7>was making a film about something else. I thought I

1:10:32.720 --> 1:10:35.320
<v Speaker 7>had a basic belief that the system works, and it

1:10:35.400 --> 1:10:39.080
<v Speaker 7>works sometimes, but it often fails miserably. So just having

1:10:39.080 --> 1:10:43.720
<v Speaker 7>that basic understanding and awareness is helpful and little actions

1:10:44.040 --> 1:10:48.080
<v Speaker 7>add up to a lot. Again, not saying anything discourteous

1:10:48.120 --> 1:10:52.160
<v Speaker 7>about Johnny Depp or Eddie Vedder or Natalie Mains, those

1:10:52.200 --> 1:10:57.240
<v Speaker 7>guys were amazing. Those names wrote checks and did things

1:10:57.320 --> 1:11:01.800
<v Speaker 7>and did concerts. But what really made the difference, in

1:11:01.840 --> 1:11:04.439
<v Speaker 7>my opinion, really what made a difference in that case

1:11:04.439 --> 1:11:08.799
<v Speaker 7>were tens of thousands of regular people who saw paradise loss,

1:11:08.880 --> 1:11:13.680
<v Speaker 7>who did not have an outsized wallet. But until the

1:11:13.800 --> 1:11:19.040
<v Speaker 7>local politicians and prosecutors are politicians in many municipalities, they

1:11:19.080 --> 1:11:23.240
<v Speaker 7>are elected officials. They didn't start taking the case seriously

1:11:23.320 --> 1:11:27.439
<v Speaker 7>until the local population took the case seriously. And what

1:11:27.640 --> 1:11:31.320
<v Speaker 7>made the local population take the case seriously is tens

1:11:31.400 --> 1:11:34.840
<v Speaker 7>of thousands of people who banded together on this website

1:11:34.880 --> 1:11:38.840
<v Speaker 7>called Free the West Memphis III. Went down religiously to

1:11:38.960 --> 1:11:43.400
<v Speaker 7>every action, every appeal, every hearing. There were thousands of

1:11:43.640 --> 1:11:46.240
<v Speaker 7>regular people from all walks of life who chose to

1:11:46.280 --> 1:11:49.479
<v Speaker 7>take their vacation in Jonesboro, Arkansas, to hold up a

1:11:49.560 --> 1:11:53.000
<v Speaker 7>sign and have their voices heard. At the end of

1:11:53.000 --> 1:11:56.280
<v Speaker 7>the day, a lot of these people who hold positions

1:11:56.320 --> 1:11:59.240
<v Speaker 7>of power, who have this unique power to take your

1:11:59.280 --> 1:12:05.599
<v Speaker 7>liberty away, often unjustly, often justly. Again, I don't think

1:12:05.640 --> 1:12:09.120
<v Speaker 7>every prosecutor is a bad guy, but they are elected

1:12:09.160 --> 1:12:11.840
<v Speaker 7>officials for the most part, and people should wake up

1:12:12.360 --> 1:12:14.600
<v Speaker 7>and if you live in Oklahoma, pay attention to the

1:12:14.680 --> 1:12:15.639
<v Speaker 7>Richard Glossop case.

1:12:15.680 --> 1:12:16.280
<v Speaker 1>I mean, there's.

1:12:16.280 --> 1:12:19.280
<v Speaker 7>Sadly there's a case, and there's a wrongful conviction case.

1:12:19.320 --> 1:12:23.240
<v Speaker 7>Yet probably in every state and just little actions and

1:12:23.280 --> 1:12:25.559
<v Speaker 7>awareness I think go a long way. You don't have

1:12:25.600 --> 1:12:26.479
<v Speaker 7>to write a big check.

1:12:27.280 --> 1:12:31.520
<v Speaker 1>So I guess start by watching learning more. Watch The Wrong.

1:12:31.320 --> 1:12:33.240
<v Speaker 7>Man you can stream on Amazon.

1:12:33.680 --> 1:12:37.960
<v Speaker 1>Watch An Innocent Man, the amazing documentary about the book

1:12:37.960 --> 1:12:40.920
<v Speaker 1>that John Grisham wrote about these cases in Ada, Oklahoma,

1:12:41.000 --> 1:12:44.360
<v Speaker 1>and go to free Robwill dot org. Is there a

1:12:44.439 --> 1:12:45.320
<v Speaker 1>Richard glossupside.

1:12:45.320 --> 1:12:47.799
<v Speaker 7>I'm sure there is if you google Richard glossop and

1:12:47.800 --> 1:12:50.160
<v Speaker 7>why I'm drawing a blank what the website is, But

1:12:50.240 --> 1:12:53.640
<v Speaker 7>just google Richard Glossip and you'll find a lot of supporters.

1:12:53.760 --> 1:12:56.719
<v Speaker 7>There's a guy named Don Knight in Colorado who's running

1:12:56.720 --> 1:13:00.599
<v Speaker 7>that case. He's the tireless, thankless defense attorney who is

1:13:00.800 --> 1:13:04.400
<v Speaker 7>really is doing amazing work. So Don Knight in Colorado

1:13:05.040 --> 1:13:07.439
<v Speaker 7>is a good guy to be in touch with if

1:13:07.520 --> 1:13:10.160
<v Speaker 7>you feel you have something significant to offer, or just

1:13:10.280 --> 1:13:11.200
<v Speaker 7>be aware.

1:13:11.080 --> 1:13:14.160
<v Speaker 1>And one minute speed round. First of all, I want

1:13:14.160 --> 1:13:17.440
<v Speaker 1>to thank you for this has been fun coming Joe Berlinger,

1:13:17.680 --> 1:13:22.800
<v Speaker 1>amazing filmmaker and advocate for the wrongfully convicted, and I'm

1:13:22.800 --> 1:13:25.080
<v Speaker 1>looking forward to doing more work with you. Yeah, me too,

1:13:25.439 --> 1:13:27.880
<v Speaker 1>And like I said, let's sake the last minute or

1:13:27.960 --> 1:13:30.759
<v Speaker 1>two any final thoughts that you have, if you have any.

1:13:31.240 --> 1:13:34.320
<v Speaker 7>You know, we have a criminal justice system sorely in

1:13:34.400 --> 1:13:36.839
<v Speaker 7>need to reform, and I think it's the number one issue.

1:13:37.040 --> 1:13:40.320
<v Speaker 7>The thing we hold most dear as Americans. The thing

1:13:40.360 --> 1:13:43.479
<v Speaker 7>that's set us apart is our personal liberty, and a

1:13:43.560 --> 1:13:47.080
<v Speaker 7>prosecutor has the unique power to take that personal liberty

1:13:47.160 --> 1:13:50.479
<v Speaker 7>away without accountability. And I think it's time to hold

1:13:50.560 --> 1:13:53.080
<v Speaker 7>those people who have the power to take our liberty

1:13:53.120 --> 1:13:55.840
<v Speaker 7>away to be held accountable to a higher standard. And

1:13:55.920 --> 1:13:57.800
<v Speaker 7>I think a lot of these problems would go away.

1:13:57.840 --> 1:14:00.000
<v Speaker 7>But there's all sorts of problems in our criminal jobs

1:14:00.080 --> 1:14:02.200
<v Speaker 7>to system, and people should be aware of it because

1:14:02.280 --> 1:14:05.040
<v Speaker 7>it really needs addressing. I mean, a whole generation has

1:14:05.080 --> 1:14:07.479
<v Speaker 7>been locked away over horrible drug laws. I mean, we

1:14:07.479 --> 1:14:09.360
<v Speaker 7>can go on and on and on. You know, we

1:14:09.439 --> 1:14:12.240
<v Speaker 7>have five percent of the world's population and twenty five

1:14:12.280 --> 1:14:14.760
<v Speaker 7>percent of the world's prison population, more than Russia and

1:14:14.840 --> 1:14:18.040
<v Speaker 7>China combined. That's disturbing and goes against who we think

1:14:18.080 --> 1:14:19.200
<v Speaker 7>we are as Americans.

1:14:19.360 --> 1:14:21.640
<v Speaker 1>Yeah, we locked black people up at six times the

1:14:21.720 --> 1:14:24.240
<v Speaker 1>rate of South Africa the height of apartheid. It's all

1:14:24.280 --> 1:14:28.000
<v Speaker 1>a national shame and a disgrace. But absolutely yeah, please

1:14:28.040 --> 1:14:31.679
<v Speaker 1>do get involved, keep listening. We appreciate you being here

1:14:31.720 --> 1:14:33.880
<v Speaker 1>with us. And when you're on a jury, we need

1:14:33.920 --> 1:14:37.759
<v Speaker 1>everybody to show up serve because it's just your fellow

1:14:37.880 --> 1:14:39.559
<v Speaker 1>human being who's up there, and they may be the

1:14:39.600 --> 1:14:43.000
<v Speaker 1>next Damien Echols. So thanks again for listening. This is

1:14:43.040 --> 1:14:56.799
<v Speaker 1>wrongful Connection. Don't forget to give us a fantastic review

1:14:56.840 --> 1:15:00.519
<v Speaker 1>wherever you get your podcasts. It really helps. And I'm

1:15:00.560 --> 1:15:03.200
<v Speaker 1>a proud donor to the Innocence Project and I really

1:15:03.200 --> 1:15:06.320
<v Speaker 1>hope you'll join me in supporting this very important cause

1:15:06.520 --> 1:15:10.200
<v Speaker 1>and helping to prevent future wrongful convictions. Go to Innocence

1:15:10.240 --> 1:15:13.360
<v Speaker 1>Project dot org to learn how to donate and get involved.

1:15:13.720 --> 1:15:16.240
<v Speaker 1>I'd like to thank our production team, Connor Hall and

1:15:16.360 --> 1:15:19.040
<v Speaker 1>Kevin Wartis. The music in the show is by three

1:15:19.080 --> 1:15:22.479
<v Speaker 1>time OSCAR nominated composer Jay Ralph. Be sure to follow

1:15:22.520 --> 1:15:26.000
<v Speaker 1>us on Instagram at Wrongful Conviction and on Facebook at

1:15:26.120 --> 1:15:29.960
<v Speaker 1>Wrongful Conviction Podcast. Wrongful Conviction with Jason Flamm is a

1:15:29.960 --> 1:15:33.799
<v Speaker 1>production of Lava for Good Podcasts and association with Signal

1:15:33.800 --> 1:15:36.639
<v Speaker 1>Company Number one