WEBVTT - #279 Maggie Freleng with Sylvia Boykin

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<v Speaker 1>A note for listeners, this episode contains discussion of child

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<v Speaker 1>sexual abuse and attempted suicide. Please listen with caution and care.

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<v Speaker 2>Jason, we talk a lot about false confessions, and we

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<v Speaker 2>know how and why they happen. Is there a scenario

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<v Speaker 2>in which you would willfully confess to a crime like

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<v Speaker 2>a murder.

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<v Speaker 3>Well, I can envision the scenario which I would confess

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<v Speaker 3>to a murder that I didn't commit, and that would

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<v Speaker 3>be if I became so disoriented, scared, confused, lonely, and

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<v Speaker 3>just terrified of the people who we all believe are

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<v Speaker 3>there to protect us and to help us and to

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<v Speaker 3>find the truth when they turn on you. Sometimes people

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<v Speaker 3>see it as their only way out of that impossible situation.

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<v Speaker 3>And you're in that room and you're like, I don't

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<v Speaker 3>want to die, and maybe this will get sorted out

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<v Speaker 3>because I know I didn't do it.

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<v Speaker 4>And he kept saying, well, if you sign this, i'll

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<v Speaker 4>let you go home, and so I was like, but

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<v Speaker 4>this is not what happened. So we get me to

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<v Speaker 4>the chair and he hit me with a phone book

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<v Speaker 4>to wake me up.

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<v Speaker 5>He's like, sign this and we will.

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<v Speaker 4>Let you go.

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<v Speaker 5>I signed a paper and I never left prison.

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<v Speaker 6>From Love of for Good.

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<v Speaker 1>This is wrongful conviction with Maggie Freeling today Sylvia Boykin.

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<v Speaker 1>On May fifteenth, nineteen ninety two, Sylvia Boykin went to

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<v Speaker 1>collect a drug debt from a woman named Burnetta Pope.

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<v Speaker 1>Sylvia showed up at the house in North Philadelphia with

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<v Speaker 1>two men, Lamont Antoine Blackman, and Aaron Major. Burnetta owed

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<v Speaker 1>Sylvia money, who in turn owed Antoine and Aaron as

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<v Speaker 1>well as other men who were higher up in the

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<v Speaker 1>drug network. But Burnetta was late in pain, so Sylvia

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<v Speaker 1>brought Antoine and erin to prove that she was trying

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<v Speaker 1>her best to obtain the debt. But things went horribly

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<v Speaker 1>wrong when they got there. Burnetta and her son Albert,

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<v Speaker 1>refused to pay. Exactly what happened next we may never know,

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<v Speaker 1>but gunfire erupted and Burnetta Pope was shot dead. Sylvia

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<v Speaker 1>was quickly arrested, charged and convicted of first degree murder.

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<v Speaker 6>But Sylvia did not shoot anybody.

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<v Speaker 5>I went there with no one chitches that no one

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<v Speaker 5>would get killed. I didn't kill anyone. I didn't order

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<v Speaker 5>for anyone to get killed.

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<v Speaker 4>I'm Sylvia Boaken, I'm sixty three, I'll be sixty four

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<v Speaker 4>in two days, and here I said thirty one years

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<v Speaker 4>later in a prison.

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<v Speaker 1>Sylvia Boykin was born in Philadelphia, Pennsylvania, on May twenty sixth,

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<v Speaker 1>nineteen fifty eight.

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<v Speaker 6>She's the youngest of six kids.

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<v Speaker 4>So when I was born, all my sisters were grown

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<v Speaker 4>and they were having babies, so I grew up with

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<v Speaker 4>my nieces and nephews.

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<v Speaker 1>On the surface, Sylvia's life seemed great. She went to

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<v Speaker 1>Magnet Schools for kids with high IQs, and when she graduated,

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<v Speaker 1>she moved to Virginia for college, where she studied data

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<v Speaker 1>entry and medical administrative assistance. She had a good job

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<v Speaker 1>at the Federal Reserve Bank of Richmond, Virginia was on

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<v Speaker 1>her way to greatness. But Sylvia wound up on a

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<v Speaker 1>different path, one of substance abuse and addiction.

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<v Speaker 5>Somewhere inside of me, I was running.

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<v Speaker 4>God always had his hands on me, but I was running,

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<v Speaker 4>and I was trying to I was trying to find

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<v Speaker 4>something to fix the pain because I was hurt, like

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<v Speaker 4>very bad, which is a really tough subject for me.

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<v Speaker 1>Sylvia's inner trauma and suffering it started when she was

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<v Speaker 1>a child and her grandfather sexually assaulted her.

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<v Speaker 4>He didn't actually like have sex with me, to penetrate

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<v Speaker 4>me anything, but he touched me in my private area.

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<v Speaker 4>But that was just like the beginning, you know, of

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<v Speaker 4>things that happened in my life.

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<v Speaker 5>As a child.

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<v Speaker 1>Then, at ten years old, she was raped by her

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<v Speaker 1>nineteen year old brother.

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<v Speaker 4>I had to go to the hospital, and I was

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<v Speaker 4>a very young girl, and at that time I was

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<v Speaker 4>stitched up, and I was told by my mother and

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<v Speaker 4>not to tell the police who did it because that

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<v Speaker 4>they would arrest my brother.

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<v Speaker 1>The assault and rape, plus the fact that her family

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<v Speaker 1>covered it all up, took a huge.

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<v Speaker 6>Toll on Sylvia.

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<v Speaker 4>After I was raped by my brother, I took my

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<v Speaker 4>mother's sleeping hills.

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<v Speaker 5>I tried to kill myself when I was ten. Yeah,

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<v Speaker 5>I took the whole bottle.

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<v Speaker 6>Oh my gosh, who found you?

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<v Speaker 4>My knee's Valerie, and she's like two years younger than me.

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<v Speaker 4>She found me and she went and got my sister.

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<v Speaker 4>They took me to the hospital. They pumped my stomach

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<v Speaker 4>and they put me in the children psych wood.

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<v Speaker 1>Sylvia's older sister, Teresa, was furious at the situation an

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<v Speaker 1>intent on making sure Sylvia would be safe going forward.

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<v Speaker 1>The whole family lived in a three story, do you

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<v Speaker 1>Sylvia lived on the first floor with her mother and brother. Well,

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<v Speaker 1>the rest of the family lived upstairs. Teresa lived on

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<v Speaker 1>the second floor.

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<v Speaker 4>She took me and wouldn't let me sleep downstairs in

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<v Speaker 4>my mother's part. She said, I couldn't stay down there.

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<v Speaker 4>She took me and so I stayed up in her

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<v Speaker 4>part until I healed up, till I got well.

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<v Speaker 1>And this isn't even the extent of Sylvia's suffering. Throughout

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<v Speaker 1>her childhood and adolescence, Sylvia was again molested numerous times

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<v Speaker 1>by close family friends.

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<v Speaker 5>So I went through a lot of.

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<v Speaker 4>Being raped and molested that I used to just go,

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<v Speaker 4>like get in the front of the church for altar

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<v Speaker 4>prayer and I would just stay there and pray, and

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<v Speaker 4>you know, I just wanted to like, why why did

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<v Speaker 4>these people do this to me?

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<v Speaker 1>Well, Sylvia's sisters tried to protect her from the sexual abuse.

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<v Speaker 1>Sylvia sought out coping mechanisms.

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<v Speaker 4>My sister she would she started, she would give me beer,

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<v Speaker 4>and sometimes she would give me strictest liquor called Macnoidan's

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<v Speaker 4>and she would give me some.

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<v Speaker 1>So, you know, do you think your need to escape

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<v Speaker 1>is kind of what led you to drug use.

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<v Speaker 4>Yes, I always felt like I needed to run away.

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<v Speaker 4>I needed to numb the pain. So I would always

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<v Speaker 4>be like the life of the party, like everybody wanted

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<v Speaker 4>like to be around me, And sometimes I think I

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<v Speaker 4>tried to ship my brain off from it.

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<v Speaker 1>Eventually, when she was seventeen years old, Sylvia met the

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<v Speaker 1>man who would become her first husband. She was motivated

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<v Speaker 1>to move forward past the trauma and build a normal life.

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<v Speaker 4>As a little girl, I'd always dream about just having

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<v Speaker 4>this beautiful home and children and a husband and just

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<v Speaker 4>being very happy. I used to always draw pictures like

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<v Speaker 4>that when I was little, with the sunshine and the

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<v Speaker 4>house with a talent and trees.

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<v Speaker 5>I used to always draw those pictures in school.

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<v Speaker 1>Sylvia ended up having three daughters, Penny, Tsha, and Kimberly.

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<v Speaker 1>She was seventeen and she had Penny, her oldest. Here's Penny.

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<v Speaker 7>She was reay, I would say, into our lives, meaning

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<v Speaker 7>she was you know that mom that was into you know,

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<v Speaker 7>the girl scouts, the PTA meetings. She was always you know,

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<v Speaker 7>into the family functions and you know, everything with us.

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<v Speaker 1>Sylvia tried her best to be a good mom and wife,

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<v Speaker 1>but the damage from her past experiences inevitably disrupted her

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<v Speaker 1>personal life.

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<v Speaker 4>I've been married four times already, but I could never maintain,

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<v Speaker 4>like keep them a marriage going.

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<v Speaker 1>As the distractions from her trauma became increasingly destructive, Sylvia

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<v Speaker 1>eventually started abusing hard drugs like crack.

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<v Speaker 6>Do you remember any of her drug use?

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<v Speaker 7>Yes, yes, I remember. She tried to keep it undercover,

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<v Speaker 7>but as me being the oldest of three girls, I

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<v Speaker 7>noticed a lot that was going on with her.

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<v Speaker 1>For example, Penny says she remembers late nights out and

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<v Speaker 1>a lot of trips in and out of the house.

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<v Speaker 7>She would be late for jobs. She would work jobs,

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<v Speaker 7>but she would be late or sometimes she would be tired,

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<v Speaker 7>and so we would have to fund for ourself. And

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<v Speaker 7>when I say fund for ourselves, get up and get

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<v Speaker 7>ready for school, I will be responsible making sure that

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<v Speaker 7>we got up for school, or making sure everything was

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<v Speaker 7>handled in the household. It was a lot because I

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<v Speaker 7>felt like it was unfair to me. And I would

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<v Speaker 7>say at that age, I had a lot of goals

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<v Speaker 7>for myself, a lot of things I wanted to do

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<v Speaker 7>out of life. I wanted to go places and do

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<v Speaker 7>things and be on my own and be able to

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<v Speaker 7>live my life.

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<v Speaker 1>But instead Penny would wind up permanently taking care of

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<v Speaker 1>her siblings. By nineteen ninety two, Sylvia was suffering from

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<v Speaker 1>a serious addiction to crack, and to finance her own addiction,

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<v Speaker 1>she was selling it for a network of street level

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<v Speaker 1>drug dealers. Sylvia says she sold crack to forty three

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<v Speaker 1>year old Burnetta Pope on a few occasions, but she

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<v Speaker 1>also felt sorry for Burnetta. She describes the house Burnetta

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<v Speaker 1>was staying in.

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<v Speaker 4>No furniture, no running water, the bathroom didn't work still

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<v Speaker 4>TV a few old cheers like Willie Nasby. I bought

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<v Speaker 4>her a sweatsuit to put on. I took food there

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<v Speaker 4>and gable food, and I had just recently met them

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<v Speaker 4>and they were very kind to me.

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<v Speaker 1>In May of nineteen ninety two, Sylvia was waiting on

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<v Speaker 1>seven dollars from Burnetta and then from the network, including

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<v Speaker 1>one of the bosses, Joseph, demanded she get the money.

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<v Speaker 5>I didn't know how the whole operation was working.

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<v Speaker 4>Allie knew that he would tell me to take stuff

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<v Speaker 4>to her and that I would go back to pick

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<v Speaker 4>up the money.

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<v Speaker 1>So she went to the place where she knew Burnetta

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<v Speaker 1>was staying.

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<v Speaker 5>I went around here to collect money for him.

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<v Speaker 4>She said that she didn't have the money and she

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<v Speaker 4>wasn't paying, and so I told him so.

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<v Speaker 5>The next day he told me to go back.

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<v Speaker 1>On May fifteenth, Sylvia smoked some crack, drank some booze,

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<v Speaker 1>and returned to the house. This time she brought seventeen

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<v Speaker 1>year old Lamont Antoine Blagman and nineteen year old Aaron Major.

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<v Speaker 1>These two were also part of the dealing network, and

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<v Speaker 1>Sylvia wanted to prove that she had actually been trying

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<v Speaker 1>to collect the money. She owed them all along. She

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<v Speaker 1>also thought their mail presence would persuade Burnetta into paying.

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<v Speaker 1>They all went in the same car together, Sylvia driving.

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<v Speaker 1>They found Brunetta at the house with a man and

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<v Speaker 1>her twenty six year old son, Albert.

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<v Speaker 4>I went in the house first to ask her for

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<v Speaker 4>the money. She said she wasn't going to pay the

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<v Speaker 4>money in whatever, So I went back out and I

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<v Speaker 4>told Anon Antoine that she said. Aaron Antoine went in

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<v Speaker 4>and I don't really know exactly what happened, but I

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<v Speaker 4>guess everybody started arguing and all I heard was a

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<v Speaker 4>couple of gunshots by Froze. I was scared and I

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<v Speaker 4>was like what happened, So they ran they left me.

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<v Speaker 4>I drove and when I went around the block, I

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<v Speaker 4>seen them. Then they got back in across me.

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<v Speaker 1>Even after what had just happened, Antoine and Aaron still

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<v Speaker 1>demanded their money.

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<v Speaker 5>So I went to ATM machine.

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<v Speaker 4>And I took the money out of my bank account

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<v Speaker 4>and I paid them.

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<v Speaker 6>Sylvia says she dropped them off and went home.

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<v Speaker 1>She had no idea the gunshots she heard were bullets

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<v Speaker 1>coming at the neck and leg of Burnetta Pope. This

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<v Speaker 1>episode is underwritten by AIG, a leading global insurance company.

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<v Speaker 1>AIG is committed to corporate social responsibility and to making

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<v Speaker 1>a positive difference in the lives of its employees and

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<v Speaker 1>in the communities where we work and live. In light

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<v Speaker 1>of the compelling need for pro bono legal assistance, and

0:14:46.800 --> 0:14:51.440
<v Speaker 1>in recognition of AIG's commitment to criminal and social justice reform,

0:14:51.680 --> 0:14:55.880
<v Speaker 1>the AIG pro Bono Program provides free legal services and

0:14:56.000 --> 0:15:03.840
<v Speaker 1>other support to underrepresented communities and individuals. By the time

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<v Speaker 1>Sylvia got home, police were already waiting for her. They

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<v Speaker 1>asked her where she had been and what she knew

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<v Speaker 1>about her shooting. Sylvia was terrified. She denied knowing anything,

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<v Speaker 1>and she denied knowing Antoine and Aaron, but the police

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<v Speaker 1>had received word that Sylvia was at the house and

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<v Speaker 1>it wasn't just a shooting. Burnetta Pope was now dead.

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<v Speaker 1>Her son Albert, had called nine one one and told

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<v Speaker 1>the police where Sylvia lived, so police knew that Sylvia

0:15:31.600 --> 0:15:37.480
<v Speaker 1>was lying and that she wasn't going to cooperate. Just

0:15:37.600 --> 0:15:41.280
<v Speaker 1>two hours after the incident, Sylvia was arrested for robbery,

0:15:41.680 --> 0:15:45.560
<v Speaker 1>reckless endangerment, and assault. When they got to the police station,

0:15:45.840 --> 0:15:51.280
<v Speaker 1>Detective Dennis Dusak questioned Sylvia about everything that transpired that night.

0:15:53.360 --> 0:15:56.920
<v Speaker 4>When he arrested me, he handcuffed me to a chair

0:15:57.400 --> 0:16:01.480
<v Speaker 4>for hours, and he kept adding to me what happened,

0:16:01.520 --> 0:16:02.160
<v Speaker 4>And I told him.

0:16:02.080 --> 0:16:03.600
<v Speaker 5>I didn't really know what happened.

0:16:04.360 --> 0:16:07.000
<v Speaker 4>And I was talking to him and I was scared

0:16:07.080 --> 0:16:10.320
<v Speaker 4>and I didn't know, you know, what to say or

0:16:10.360 --> 0:16:12.760
<v Speaker 4>what to do. And he wouldn't let me go to

0:16:12.760 --> 0:16:15.000
<v Speaker 4>the bathroom. He let me urinate on myself.

0:16:16.000 --> 0:16:18.680
<v Speaker 1>Then, she says, detective Dusak wrote out a statement for

0:16:18.760 --> 0:16:19.400
<v Speaker 1>her to sign.

0:16:20.520 --> 0:16:22.640
<v Speaker 4>I kept telling him I had three children at home,

0:16:22.960 --> 0:16:25.840
<v Speaker 4>and he kept saying, well, if you sign this, I'll

0:16:25.920 --> 0:16:27.960
<v Speaker 4>let you go home, and so I was like, but

0:16:28.080 --> 0:16:29.280
<v Speaker 4>this is not what happened.

0:16:29.640 --> 0:16:32.960
<v Speaker 5>So he kept me to the chair and then I

0:16:33.040 --> 0:16:35.520
<v Speaker 5>kept falling asleep and he hit me with a phone book.

0:16:35.560 --> 0:16:35.880
<v Speaker 5>There's a.

0:16:38.240 --> 0:16:41.520
<v Speaker 4>Paperbag phone book to wake me up. He's like, sign

0:16:41.600 --> 0:16:44.680
<v Speaker 4>this and we will let you go. I signed the

0:16:44.720 --> 0:16:47.120
<v Speaker 4>paper and I never left.

0:16:46.920 --> 0:16:58.640
<v Speaker 1>Prison after that interaction, Sylvia ended up being charged with

0:16:58.760 --> 0:17:03.000
<v Speaker 1>first degree murder on top of robbery, conspiracy, and possession

0:17:03.000 --> 0:17:06.320
<v Speaker 1>of instruments of a crime. Antoine and Aaron were also

0:17:06.400 --> 0:17:09.880
<v Speaker 1>charged with murder, robbery, and a host of other crimes.

0:17:10.440 --> 0:17:12.920
<v Speaker 1>The three of them went to trial on March twenty third,

0:17:13.080 --> 0:17:21.960
<v Speaker 1>nineteen ninety four, and were all tried together. The prosecutor

0:17:22.000 --> 0:17:25.640
<v Speaker 1>was John Doyle. His argument was that Sylvia ordered Antoine

0:17:25.640 --> 0:17:28.600
<v Speaker 1>and Aaron to kill both Burnetta and her son Albert.

0:17:28.840 --> 0:17:32.280
<v Speaker 1>And Doyle developed this theory from Albert, who said that

0:17:32.400 --> 0:17:35.800
<v Speaker 1>even though she was unarmed, Sylvia ordered the hit on

0:17:35.880 --> 0:17:36.600
<v Speaker 1>their lives.

0:17:37.320 --> 0:17:38.600
<v Speaker 6>In fact, because it was.

0:17:38.600 --> 0:17:42.640
<v Speaker 1>Agreed that Sylvia was unarmed, Albert's statements were the main

0:17:42.880 --> 0:17:46.720
<v Speaker 1>reason prosecutors could even charge Sylvia with murder in the

0:17:46.800 --> 0:17:54.239
<v Speaker 1>first place. Prosecutor Doyle also presented Sylvia's signed statement, as

0:17:54.320 --> 0:17:57.119
<v Speaker 1>well as one from Aaron Major. There's no evidence that

0:17:57.160 --> 0:18:01.920
<v Speaker 1>Antoine Blackman signed a statement, but the defense council said

0:18:01.960 --> 0:18:05.800
<v Speaker 1>that the two statements that were presented were coerced. In fact,

0:18:05.840 --> 0:18:08.960
<v Speaker 1>on the stand, both Antoine and Aaron said that Sylvia

0:18:09.040 --> 0:18:11.520
<v Speaker 1>did not have a gun and did not order anyone

0:18:11.720 --> 0:18:12.800
<v Speaker 1>to shoot.

0:18:12.840 --> 0:18:14.119
<v Speaker 6>All three also.

0:18:13.920 --> 0:18:17.439
<v Speaker 1>Contended that Albert actually threatened them with a gun. First

0:18:17.960 --> 0:18:21.480
<v Speaker 1>forensics showed that Burnetta was shot by two different guns.

0:18:23.200 --> 0:18:26.439
<v Speaker 1>Although accounts of very the defense and prosecution agreed on

0:18:26.440 --> 0:18:29.760
<v Speaker 1>one thing. Sylvia did not have a gun and did

0:18:29.800 --> 0:18:37.480
<v Speaker 1>not shoot anyone. What was that like to see your

0:18:37.480 --> 0:18:40.240
<v Speaker 1>mom in cuffs and facing a murder trial?

0:18:40.320 --> 0:18:42.760
<v Speaker 6>I mean, that's I imagine it's really traumatizing.

0:18:43.600 --> 0:18:47.200
<v Speaker 7>Yes, it was, you know, not being able to touch

0:18:47.240 --> 0:18:52.080
<v Speaker 7>her or talk to her and seeing them question her.

0:18:52.920 --> 0:18:57.800
<v Speaker 7>And for me most because my grandmother was there and

0:18:57.880 --> 0:19:03.000
<v Speaker 7>at the time, my grandmother was starting to go through dementia,

0:19:03.480 --> 0:19:06.199
<v Speaker 7>so it was really hard. I think that was the

0:19:06.240 --> 0:19:10.800
<v Speaker 7>most for me watching my grandmother go through it, because

0:19:10.800 --> 0:19:14.879
<v Speaker 7>my grandmother would just burst out in court, just stand

0:19:15.000 --> 0:19:17.359
<v Speaker 7>up and scream and be like, you don't know what

0:19:17.400 --> 0:19:19.879
<v Speaker 7>you're doing or you don't know what you're talking about,

0:19:21.080 --> 0:19:25.320
<v Speaker 7>and just let my daughter go and and the things

0:19:25.359 --> 0:19:29.399
<v Speaker 7>that you're saying, she didn't do that, So yes, it

0:19:29.480 --> 0:19:30.280
<v Speaker 7>was really tough.

0:19:31.080 --> 0:19:34.800
<v Speaker 1>On April first, nineteen ninety four, Sylvia, along with Antoine

0:19:34.880 --> 0:19:39.679
<v Speaker 1>and Aaron, was convicted of first degree murder. Sixteen year

0:19:39.720 --> 0:19:41.760
<v Speaker 1>old Penny was now in charge of taking care of

0:19:41.800 --> 0:19:44.040
<v Speaker 1>her younger siblings, and it was hard.

0:19:47.800 --> 0:19:52.880
<v Speaker 7>I would tell friends like far as school jobs. When

0:19:52.880 --> 0:19:56.320
<v Speaker 7>they would asks about my mother, I would say that

0:19:56.359 --> 0:20:00.600
<v Speaker 7>my mother is still live in Virginia, so that did

0:20:00.680 --> 0:20:05.240
<v Speaker 7>not know that my mother was incarcerated. And I'm gonna

0:20:05.240 --> 0:20:08.919
<v Speaker 7>be honest, it was that love hate relationship.

0:20:10.359 --> 0:20:12.679
<v Speaker 1>Penny says it's been difficult to visit her mom in

0:20:12.680 --> 0:20:14.280
<v Speaker 1>prison over the years.

0:20:15.280 --> 0:20:19.000
<v Speaker 7>So to be honest. As a kid, we did go

0:20:19.200 --> 0:20:25.040
<v Speaker 7>a lot. It was a group that went up and

0:20:25.080 --> 0:20:28.520
<v Speaker 7>they took the children all the time. But as I

0:20:28.560 --> 0:20:32.640
<v Speaker 7>got older, I stopped going because I didn't like it

0:20:32.680 --> 0:20:36.760
<v Speaker 7>at all. I didn't like the way it felt to me.

0:20:36.880 --> 0:20:40.399
<v Speaker 7>I didn't like seeing my mother like that, so I

0:20:41.280 --> 0:20:43.080
<v Speaker 7>really didn't. I stop going a lot.

0:20:45.640 --> 0:20:48.359
<v Speaker 1>But now that she's an adult with children, Penny wants

0:20:48.359 --> 0:20:51.040
<v Speaker 1>her kids to have a relationship with their grandma, so

0:20:51.320 --> 0:20:53.560
<v Speaker 1>they visit her.

0:20:53.520 --> 0:20:57.840
<v Speaker 7>It's the only way for her to have a relationship

0:20:57.880 --> 0:21:00.800
<v Speaker 7>with them since the sac You know, she is a

0:21:00.880 --> 0:21:07.359
<v Speaker 7>lifer and unfortunately we grew up and we had kids

0:21:07.359 --> 0:21:10.560
<v Speaker 7>of our own, and that's the only way she would

0:21:10.560 --> 0:21:19.680
<v Speaker 7>have a bond with them and see them.

0:21:21.880 --> 0:21:26.600
<v Speaker 1>Meanwhile, Sylvia filed appeal after appeal to no avail. Neither

0:21:26.680 --> 0:21:30.920
<v Speaker 1>of her two attorneys were effective. Sylvia's trial attorney, Michael Wallace,

0:21:31.280 --> 0:21:33.879
<v Speaker 1>failed to file her appeal in a timely manner, so

0:21:33.920 --> 0:21:38.000
<v Speaker 1>he was unable to appeal to the Supreme Court of Pennsylvania. Eventually,

0:21:38.000 --> 0:21:40.679
<v Speaker 1>her rights to appeal were reinstated and she got a

0:21:40.720 --> 0:21:44.760
<v Speaker 1>new attorney, James Bruno, But the appeals that Bruno filed

0:21:44.840 --> 0:21:49.480
<v Speaker 1>were all denied and exhausted, leaving Sylvia very few options

0:21:49.480 --> 0:21:52.840
<v Speaker 1>for release, and Bruno had issues of his own. He

0:21:52.920 --> 0:21:56.359
<v Speaker 1>was later suspended from practicing law for violating rules of

0:21:56.440 --> 0:22:01.439
<v Speaker 1>professional conduct. Meanwhile, Antoine Blackman was released from prison on

0:22:01.480 --> 0:22:03.840
<v Speaker 1>his direct appeal in nineteen ninety seven.

0:22:04.760 --> 0:22:07.600
<v Speaker 8>One of the tragedies in this particular case is that

0:22:07.640 --> 0:22:10.119
<v Speaker 8>she never had adequate legal representation.

0:22:10.840 --> 0:22:12.359
<v Speaker 6>This is doctor Jill mccorkyl.

0:22:13.080 --> 0:22:17.359
<v Speaker 8>I'm a professor of sociology and criminology, at Villanova University,

0:22:17.960 --> 0:22:20.679
<v Speaker 8>and I'm also the founder and the executive director of

0:22:20.840 --> 0:22:23.240
<v Speaker 8>the Philadelphia Justice Project for Women and Girls.

0:22:23.920 --> 0:22:28.440
<v Speaker 1>Doctor McCorkle studies how mass incarceration intersects with gender and poverty.

0:22:29.000 --> 0:22:32.280
<v Speaker 1>She was looking into another similar case, a woman who

0:22:32.320 --> 0:22:34.800
<v Speaker 1>is not the shooter in a crime and also got

0:22:34.800 --> 0:22:38.399
<v Speaker 1>a life sentence when she came across Sylvia's case.

0:22:39.520 --> 0:22:43.120
<v Speaker 8>There are a number of women with similar kinds of

0:22:43.359 --> 0:22:47.120
<v Speaker 8>scenarios where it's the principal offender is a man.

0:22:47.680 --> 0:22:50.719
<v Speaker 1>She says, women are often at a unique disadvantage in

0:22:50.720 --> 0:22:51.480
<v Speaker 1>this situation.

0:22:52.240 --> 0:22:57.720
<v Speaker 8>They're unable to cooperate with police because usually they're scared

0:22:57.760 --> 0:23:02.840
<v Speaker 8>of retaliatory violence, and then you know, police and prosecutors

0:23:03.480 --> 0:23:06.760
<v Speaker 8>engage in a malicious prosecution. And so that's really how

0:23:06.800 --> 0:23:07.720
<v Speaker 8>I got to Sylvia.

0:23:08.560 --> 0:23:11.600
<v Speaker 1>Doctor mccorkyl believes that Sylvia would have and should have

0:23:11.640 --> 0:23:14.400
<v Speaker 1>been treated as a witness, and that it was Sylvia's

0:23:14.440 --> 0:23:18.119
<v Speaker 1>hesitancy to cooperate with police that got her the murder charge.

0:23:18.560 --> 0:23:21.280
<v Speaker 1>Remember when the police asked Sylvia what she knew about

0:23:21.280 --> 0:23:23.720
<v Speaker 1>the crime and if she knew Antoine and Aaron, she

0:23:23.800 --> 0:23:24.200
<v Speaker 1>said no.

0:23:26.280 --> 0:23:28.720
<v Speaker 4>I was scared, and I was like, what did they

0:23:28.720 --> 0:23:31.280
<v Speaker 4>go do something to my girls if I go tell

0:23:31.320 --> 0:23:34.679
<v Speaker 4>on him what happened. I was scared, like, I got

0:23:34.760 --> 0:23:38.560
<v Speaker 4>three girls at home that's alone, and I was afraid

0:23:38.680 --> 0:23:41.480
<v Speaker 4>that if I told on him, like it's something that

0:23:41.520 --> 0:23:43.240
<v Speaker 4>might happen to my daughters.

0:23:45.160 --> 0:23:48.040
<v Speaker 1>Doctor mccorkyl says that a lot of women like Sylvia,

0:23:48.240 --> 0:23:52.280
<v Speaker 1>who are vulnerable because of poverty, precarious lifestyles, drug and

0:23:52.359 --> 0:23:55.639
<v Speaker 1>alcohol abuse, and her domestic violence, are not in a

0:23:55.640 --> 0:24:00.000
<v Speaker 1>position where they can cooperate with police and prosecutors.

0:24:00.080 --> 0:24:03.440
<v Speaker 8>Puts them at risk. It often puts family members at risk,

0:24:04.200 --> 0:24:09.040
<v Speaker 8>and police and prosecutors, I'll say, I'll be as generous

0:24:09.080 --> 0:24:15.040
<v Speaker 8>as possible, misinterpret that hesitancy, and I think in some

0:24:15.119 --> 0:24:21.080
<v Speaker 8>cases honestly take that unwillingness to cooperate as an indicator

0:24:21.200 --> 0:24:25.639
<v Speaker 8>of criminal culpability and then hit them with elevated charges

0:24:25.680 --> 0:24:29.399
<v Speaker 8>to try to force their hand. And so, you know,

0:24:29.520 --> 0:24:32.200
<v Speaker 8>you can really look at these cases and see women

0:24:32.520 --> 0:24:38.399
<v Speaker 8>sort of situated between street violence and then what I

0:24:38.400 --> 0:24:41.679
<v Speaker 8>refer to as state violence, so that they're sort of

0:24:41.960 --> 0:24:46.400
<v Speaker 8>taking their chances either way. And those who are particularly

0:24:46.480 --> 0:24:50.680
<v Speaker 8>vulnerable to violence and retaliation are saying, all right, well,

0:24:50.920 --> 0:24:53.119
<v Speaker 8>you know I'm going to take my chances at trial

0:24:53.200 --> 0:24:55.240
<v Speaker 8>because it's better than taking my chances on the street.

0:24:57.520 --> 0:25:00.920
<v Speaker 1>Sylvia took those chances and they didn't land in her favor.

0:25:01.400 --> 0:25:04.920
<v Speaker 1>Albert's contention that Sylvia ordered the hit ended up being

0:25:04.960 --> 0:25:08.800
<v Speaker 1>her downfall, and doctor mccorky believes that Albert testified to

0:25:08.840 --> 0:25:10.520
<v Speaker 1>this because of pressure.

0:25:10.200 --> 0:25:11.359
<v Speaker 6>He faced at the time.

0:25:11.920 --> 0:25:14.680
<v Speaker 1>He had an open drug charge, and after he offered

0:25:14.760 --> 0:25:17.920
<v Speaker 1>up this information, he was able to plead a very

0:25:18.119 --> 0:25:21.400
<v Speaker 1>favorable and short sentence to his own case, even though

0:25:21.400 --> 0:25:27.000
<v Speaker 1>he never initially said that Sylvia ordered the shooting. But

0:25:27.040 --> 0:25:30.240
<v Speaker 1>doctor mccorky believes that Albert's testimony about Sylvia during the

0:25:30.280 --> 0:25:33.920
<v Speaker 1>trial is actually one of the most preposterous things about

0:25:33.960 --> 0:25:34.879
<v Speaker 1>Sylvia's case.

0:25:36.440 --> 0:25:43.600
<v Speaker 8>When Sylvia is initially arrested, she's arrested for robbery, maybe

0:25:43.640 --> 0:25:49.440
<v Speaker 8>simple assaul or aggravated assaults, nothing about murder. So even

0:25:49.480 --> 0:25:53.840
<v Speaker 8>when the police pick her up, there's no you know,

0:25:54.000 --> 0:25:57.919
<v Speaker 8>kind of framing of Sylvia as somehow this you know,

0:25:59.000 --> 0:26:04.960
<v Speaker 8>criminal master mind or street heavy ordering the execution of

0:26:04.960 --> 0:26:09.560
<v Speaker 8>the people in this house. Now, Albert testifies to that,

0:26:09.600 --> 0:26:13.080
<v Speaker 8>and I think probably does so because that's the only

0:26:13.080 --> 0:26:16.640
<v Speaker 8>way that prosecutors can can hook Sylvia on in any

0:26:16.640 --> 0:26:20.239
<v Speaker 8>meaningful way. They need some kind of statement, you know,

0:26:20.359 --> 0:26:22.280
<v Speaker 8>going directly to her culpability.

0:26:22.920 --> 0:26:26.679
<v Speaker 1>Doctor McCorkle has studied crack cocaine markets in depth. She

0:26:26.720 --> 0:26:29.960
<v Speaker 1>says knowing their structure is key to understanding the forces

0:26:30.280 --> 0:26:31.960
<v Speaker 1>that led to Sylvia's conviction.

0:26:32.880 --> 0:26:38.560
<v Speaker 8>These markets are organized hierarchically and by gender. You know,

0:26:38.640 --> 0:26:41.359
<v Speaker 8>Sylvia is in her thirties at the time this goes down,

0:26:41.840 --> 0:26:44.359
<v Speaker 8>and so one of the things that prosecutors are doing

0:26:44.440 --> 0:26:47.760
<v Speaker 8>at trial is saying, here's this woman in her thirties

0:26:48.160 --> 0:26:52.080
<v Speaker 8>and she's got these two you know, teenagers, so she's

0:26:52.160 --> 0:26:57.120
<v Speaker 8>the adult, so therefore, you know, she must have been

0:26:57.160 --> 0:27:01.360
<v Speaker 8>in charge of this. But that's not how crack cocaine

0:27:01.400 --> 0:27:08.520
<v Speaker 8>markets work. These markets and particularly the responsibility for retaliation

0:27:08.680 --> 0:27:14.080
<v Speaker 8>and the responsibility for collecting debt is men's responsibility. So

0:27:14.280 --> 0:27:16.879
<v Speaker 8>you know, sort of gender segregation in the drug market.

0:27:17.440 --> 0:27:20.920
<v Speaker 8>So you know, women aren't the enforcers in these markets.

0:27:21.920 --> 0:27:22.440
<v Speaker 6>That's men.

0:27:25.160 --> 0:27:28.480
<v Speaker 1>Even though Antoine Blackman was eventually released from prison, doctor

0:27:28.560 --> 0:27:31.959
<v Speaker 1>mccorko believes him to be the likeliest shooter in this case.

0:27:33.320 --> 0:27:35.960
<v Speaker 8>The mythology on the street is, yeah, you give a

0:27:35.960 --> 0:27:39.800
<v Speaker 8>teenager the gun because they're not going to get as

0:27:39.920 --> 0:27:43.679
<v Speaker 8>lengthy a sentence as an adult Wood, Which is the

0:27:43.720 --> 0:27:46.400
<v Speaker 8>other reason that it's entirely plausible to me that blackman

0:27:46.520 --> 0:27:50.120
<v Speaker 8>is the shooter. He's the juvenile, and so that's certainly

0:27:50.160 --> 0:27:53.719
<v Speaker 8>not unusual. It was the norm to have a juvenile

0:27:53.760 --> 0:27:56.919
<v Speaker 8>be the shooter. So I can see major handing that

0:27:57.000 --> 0:27:58.080
<v Speaker 8>gun to blackmen.

0:28:07.040 --> 0:28:10.359
<v Speaker 1>Sylvia was left with a life without parole sentence, and

0:28:10.400 --> 0:28:12.640
<v Speaker 1>now with her appeals exhausted.

0:28:12.760 --> 0:28:16.480
<v Speaker 8>Where we're really left here is commutation. And I think

0:28:16.560 --> 0:28:21.240
<v Speaker 8>she deserves commutation on her merits, you know, without even

0:28:21.280 --> 0:28:24.960
<v Speaker 8>looking into the kind of specifics of all, right, well,

0:28:24.960 --> 0:28:27.879
<v Speaker 8>how culpable was she in this particular case. But I

0:28:27.880 --> 0:28:32.000
<v Speaker 8>think on her own merits, she deserves to have a

0:28:32.040 --> 0:28:36.600
<v Speaker 8>sentence commutation, which would release her from life in prison

0:28:36.600 --> 0:28:39.800
<v Speaker 8>without possibility of parole. It would allow her to go

0:28:39.920 --> 0:28:41.480
<v Speaker 8>home to her family.

0:28:42.120 --> 0:28:44.320
<v Speaker 1>Sylvia has made the best of her time in prison.

0:28:44.400 --> 0:28:49.640
<v Speaker 8>However, She's gotten, you know, multiple certifications, and she's got

0:28:49.640 --> 0:28:54.080
<v Speaker 8>three decades in Certainly, Sylvia has done everything that we

0:28:54.120 --> 0:28:57.440
<v Speaker 8>would expect someone to do over the duration of such

0:28:57.440 --> 0:28:58.480
<v Speaker 8>a long period of time.

0:29:03.920 --> 0:29:07.680
<v Speaker 1>Sylvia goes to church for weekly services, Bible study and prayer.

0:29:08.120 --> 0:29:10.760
<v Speaker 1>She has continued to develop her computer skills and she

0:29:10.880 --> 0:29:16.920
<v Speaker 1>studies entrepreneurship, but she especially enjoys being a certified peer specialist.

0:29:18.000 --> 0:29:22.080
<v Speaker 4>Train us to like sit down and to listen to people,

0:29:22.400 --> 0:29:24.080
<v Speaker 4>you know, so it's not like to tell them what

0:29:24.160 --> 0:29:27.240
<v Speaker 4>to do, but just to be listening and caring and

0:29:27.320 --> 0:29:29.760
<v Speaker 4>helping them to find their own answer.

0:29:30.760 --> 0:29:32.480
<v Speaker 5>And it makes you feel good.

0:29:33.000 --> 0:29:35.680
<v Speaker 4>Also, I try to help, like a lot of the

0:29:35.800 --> 0:29:40.280
<v Speaker 4>young people, I try to guide them. I try to

0:29:40.320 --> 0:29:43.920
<v Speaker 4>talk to them a lot about being here and going

0:29:44.040 --> 0:29:47.480
<v Speaker 4>home and making a change in their life.

0:29:47.800 --> 0:29:50.720
<v Speaker 1>Sylvia loves doing this and this is what she wants

0:29:50.760 --> 0:29:54.160
<v Speaker 1>to continue to do. Doctor McCorkle has also offered her

0:29:54.200 --> 0:29:57.840
<v Speaker 1>a position with the Philadelphia Justice Project for Women and Girls.

0:29:58.240 --> 0:29:59.040
<v Speaker 6>When she gets out.

0:29:59.120 --> 0:30:03.720
<v Speaker 8>We're going to have her be our ambassador and do

0:30:03.840 --> 0:30:08.760
<v Speaker 8>a lot of outreach to other incarcerated women. And certainly,

0:30:08.840 --> 0:30:13.080
<v Speaker 8>you know, there's there's no better expert both with respect

0:30:13.080 --> 0:30:17.200
<v Speaker 8>to these kinds of prosecutions, as well as you know,

0:30:17.240 --> 0:30:20.240
<v Speaker 8>an expert in what it means to be a woman,

0:30:20.360 --> 0:30:24.840
<v Speaker 8>to be a mother, to be a grandmother, Navigating decades

0:30:24.840 --> 0:30:25.400
<v Speaker 8>in prison.

0:30:28.200 --> 0:30:31.720
<v Speaker 4>I feel like after thirty one years in here that

0:30:32.840 --> 0:30:37.240
<v Speaker 4>I've came to know myself. I have so much that

0:30:37.360 --> 0:30:39.960
<v Speaker 4>I want to give back. I want to be able

0:30:40.040 --> 0:30:44.120
<v Speaker 4>to go out and to help young people. I want

0:30:44.120 --> 0:30:46.920
<v Speaker 4>to be able to tell my story that helps some

0:30:47.120 --> 0:30:50.720
<v Speaker 4>young girl know that no matter what happened in her life,

0:30:51.160 --> 0:30:54.440
<v Speaker 4>no matter if she was molested, no matter if somebody

0:30:55.000 --> 0:30:57.000
<v Speaker 4>you know led her down the wrong road to get

0:30:57.040 --> 0:31:03.120
<v Speaker 4>on drugs or to drink, that she can't change.

0:31:03.920 --> 0:31:07.600
<v Speaker 1>Sylvia is now sixty four and in declining health. Among

0:31:07.600 --> 0:31:12.080
<v Speaker 1>her ailments is psiatic nerve damage, arthritis, and herniated disks,

0:31:12.560 --> 0:31:14.800
<v Speaker 1>all of which cause her daily pain.

0:31:16.320 --> 0:31:22.160
<v Speaker 8>It is costing Pennsylvania taxpayers so much to lock up

0:31:22.600 --> 0:31:25.320
<v Speaker 8>a prison population that you know, twenty five percent of

0:31:25.360 --> 0:31:28.000
<v Speaker 8>them are fifty and older, and it's just incredibly expensive,

0:31:28.080 --> 0:31:32.160
<v Speaker 8>and so regardless of sort of where you're situated politically,

0:31:32.920 --> 0:31:35.960
<v Speaker 8>there's a recognition that we have got to get aging

0:31:36.040 --> 0:31:37.720
<v Speaker 8>people out of prison.

0:31:45.760 --> 0:31:49.320
<v Speaker 1>While Sylvia knows she's not directly responsible for Brunetta's death,

0:31:49.640 --> 0:31:51.800
<v Speaker 1>she still feels regret over what happened.

0:31:55.840 --> 0:32:02.840
<v Speaker 5>And I'm just so so sorry everyone that I heard

0:32:05.400 --> 0:32:06.760
<v Speaker 5>for a paid that I cost.

0:32:08.680 --> 0:32:12.560
<v Speaker 9>I'm very sorry for that. I wish I could take

0:32:12.600 --> 0:32:15.200
<v Speaker 9>it all back. I wish I could go back to

0:32:15.240 --> 0:32:20.880
<v Speaker 9>that day and two things are different. I would just

0:32:21.000 --> 0:32:23.400
<v Speaker 9>wish I could just go back.

0:32:36.200 --> 0:32:39.600
<v Speaker 1>In July twenty twenty one, doctor mccorkyl submitted a letter

0:32:39.720 --> 0:32:43.160
<v Speaker 1>to the Pennsylvania Board of Pardons urging them to grant

0:32:43.200 --> 0:32:47.120
<v Speaker 1>Sylvia commutation. Sylvia's case is up for review in October

0:32:47.240 --> 0:32:50.600
<v Speaker 1>twenty twenty two. She needs a majority of a five

0:32:50.640 --> 0:32:53.280
<v Speaker 1>person panel to move to the next round of voting,

0:32:53.560 --> 0:32:56.760
<v Speaker 1>where she will need all five votes to be free.

0:33:01.160 --> 0:33:03.200
<v Speaker 1>If you'd like to show your support for Sylvia, go

0:33:03.280 --> 0:33:06.560
<v Speaker 1>to free Sylvia boycrind dot com to sign a petition

0:33:06.800 --> 0:33:08.880
<v Speaker 1>calling for her commutation.

0:33:13.360 --> 0:33:13.840
<v Speaker 6>Next time.

0:33:13.960 --> 0:33:17.640
<v Speaker 1>On Wrongful Conviction with Maggie Freeling, Troy Berner.

0:33:19.040 --> 0:33:20.560
<v Speaker 10>You know I didn't have nothing to do with it,

0:33:20.680 --> 0:33:22.160
<v Speaker 10>so you know, and they're not going to be to

0:33:22.200 --> 0:33:24.120
<v Speaker 10>find nobody to say I had nothing to do with it,

0:33:24.200 --> 0:33:26.640
<v Speaker 10>so you know, I held on to that, you know,

0:33:26.680 --> 0:33:35.760
<v Speaker 10>that belief on where they say the truth says you're free.

0:33:37.000 --> 0:33:39.640
<v Speaker 1>Thank you for listening to Wrongful Conviction with Maggie Freeling.

0:33:40.040 --> 0:33:43.360
<v Speaker 1>Please support your local innocence organizations and go to the

0:33:43.400 --> 0:33:45.520
<v Speaker 1>links in our bio to see how you can help.

0:33:46.000 --> 0:33:48.920
<v Speaker 1>I'd like to thank our executive producers Jason Flahm and

0:33:49.000 --> 0:33:52.040
<v Speaker 1>Kevin Wurtis, as well as our senior producer Annie Chelsea,

0:33:52.480 --> 0:33:57.400
<v Speaker 1>researcher Lila Robinson, story editor Sonya Paul, with additional production

0:33:57.600 --> 0:34:00.720
<v Speaker 1>by Jeff Clyburn and Connor Hall. The music in this

0:34:00.800 --> 0:34:05.240
<v Speaker 1>production is by three time OSCAR nominated composer Jay Ralph.

0:34:05.400 --> 0:34:08.000
<v Speaker 1>Be sure to follow us on Instagram at Wrongful Conviction,

0:34:08.400 --> 0:34:11.880
<v Speaker 1>on Facebook at Wrongful Conviction Podcast, and on Twitter at

0:34:11.880 --> 0:34:14.960
<v Speaker 1>Wrongful Conviction, as well as at Lava for Good. On

0:34:15.040 --> 0:34:18.200
<v Speaker 1>all three platforms, you can also follow me on both

0:34:18.200 --> 0:34:22.480
<v Speaker 1>Instagram and Twitter at Maggie Freeling. Wrongful Conviction with Maggie

0:34:22.520 --> 0:34:25.560
<v Speaker 1>Freeling is a production of Lava for Good Podcasts in

0:34:25.640 --> 0:34:39.600
<v Speaker 1>association with Signal Company Number one