WEBVTT - #538 Jason Flom with Kendrick Gillum

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<v Speaker 1>On February first, nineteen ninety seven, in West Memphis, Arkansas,

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<v Speaker 1>a young man named Charles Newsom was fatally shot in

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<v Speaker 1>his car. According to some witnesses, Charles was with two

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<v Speaker 1>others in his car, but only one was ever identified.

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<v Speaker 1>Frederick Tyrone Ellis. Ellis gave inconsistent accounts about the number, location,

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<v Speaker 1>and identities of the assailants, eventually fixing the narrative on

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<v Speaker 1>first four and then three men from a rival neighborhood,

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<v Speaker 1>Antonio Williams, DeMarco Wilson and Kendrick Gillham, who he placed

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<v Speaker 1>outside the vehicle for the shooting. However, the ballistics and

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<v Speaker 1>physical evidence say something different. This is wrathful Conviction. You're

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<v Speaker 1>listening to wrongful Conviction. You can listen to this and

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<v Speaker 1>all the Lava for Good podcasts one week early and

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<v Speaker 1>ad free by subscribing to Lava for Good Plus on

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<v Speaker 1>Apple Podcasts. Welcome back to Wronful Conviction, where we're going

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<v Speaker 1>to return to West Memphis, Arkansas. Yes, the home of

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<v Speaker 1>the West Memphis three, one of whom Jason Baldwin first

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<v Speaker 1>told our colleague Maggie Freeling about the case we're going

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<v Speaker 1>to be covering today and we're going to link that

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<v Speaker 1>episode of unjustin Unsolved in the episode description. In this

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<v Speaker 1>case involves the same local legal system, as well as

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<v Speaker 1>three co defendants, one of whom Kendrick Gillham, is calling

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<v Speaker 1>in from an Arkansas prison. Ken, thanks for joining us,

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<v Speaker 1>Thank you, you're welcome. Now a second former guest, Marty Tankliffe.

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<v Speaker 1>It was his efforts through the making an ex reclass

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<v Speaker 1>at Georgetown University with Professor Mark Howard that led a

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<v Speaker 1>group of students to reinvestigate the case for Ken. And

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<v Speaker 1>we're joined by one of those former students who is

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<v Speaker 1>currently seeking her master's in investigative journalism, Claudia Mendeweta.

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<v Speaker 2>Welcome, thank you for having me.

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<v Speaker 1>So let's start with Ken's life growing up in this

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<v Speaker 1>small and notorious city of only about twenty five thousand

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<v Speaker 1>people on the west side of the Mississippi River from Memphis, Tennessee,

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<v Speaker 1>called West Memphis.

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<v Speaker 3>My mom she haed me two that twenty fourth, nineteen

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<v Speaker 3>seventy one. You know, I had a pretty normal childhood.

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<v Speaker 3>You know, my mom, she took good care of me

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<v Speaker 3>and my brothers. We come from a big family and

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<v Speaker 3>all of us was closer the neighborhood because I said,

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<v Speaker 3>like from five years old, we would always get together

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<v Speaker 3>on the weekends, all as the summer the school was out.

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<v Speaker 3>We was always somewhere on the bikes together, played football, basketball,

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<v Speaker 3>collecting knes it's, cutting yards together. We had a little

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<v Speaker 3>long services, we hated, you know, we gave some money

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<v Speaker 3>in our pockets, and you know, we all just grew

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<v Speaker 3>up together. You know, we were basically always there for

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<v Speaker 3>each other.

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<v Speaker 1>This group of family and friends lived in the Foxwood

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<v Speaker 1>area of West Memphis and then was a rival neighborhood

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<v Speaker 1>group from about a mile and a half away on

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<v Speaker 1>Eighteenth Street, and Foxwood continued to stick together as the

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<v Speaker 1>kids became teens and as problems became more complicated as

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<v Speaker 1>they were introduced to the drug trade.

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<v Speaker 3>I said, part of the started, I said about ninth grade.

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<v Speaker 3>You know, we started hanging out, chasing girls, drinking girl

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<v Speaker 3>not doing my mom's see. And then like like sixteen,

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<v Speaker 3>I was really like I was just full plays one

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<v Speaker 3>of the streets and I had a partner that I

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<v Speaker 3>used to run with and he'd be setting drugs all

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<v Speaker 3>night and I'd just be running around with him. And

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<v Speaker 3>I was like seventeen when I first got shot. Oh yeah,

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<v Speaker 3>I was like seventeen when I first got shot, So

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<v Speaker 3>I've been shot three other times. The front, it went

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<v Speaker 3>through my tophicals and it came by my shoulders, and

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<v Speaker 3>then I was shot in the stomach and it came

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<v Speaker 3>out my bank. No time I was shot in the

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<v Speaker 3>league in the upper part, almost by my balls. And

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<v Speaker 3>the last time did they take this? Watch the eighteenth

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<v Speaker 3>Street dudes shoot up where I was at. They came

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<v Speaker 3>through three car fee and he watched him shoot it

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<v Speaker 3>us and then he pulled up and shot me. And

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<v Speaker 3>he shot my home boy two mo pans, which added

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<v Speaker 3>to the eleven hands that he was already shot.

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<v Speaker 2>Detective Brian Ridge, who's also a big character in the

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<v Speaker 2>West Memphis three, shot his friend. His friend is kind

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<v Speaker 2>of on the side of the road. Ken is trying

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<v Speaker 2>to take him to the hospital and then he shoots

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<v Speaker 2>Kin so he can't help him.

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<v Speaker 3>Laying on the float bleeding and the police got a

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<v Speaker 3>gun to my head. They shot my mama house up

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<v Speaker 3>to right around the corner. He wants three cars with

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<v Speaker 3>its cas shoot up his house and he didn't pursuit him.

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<v Speaker 1>It seems like Detective Brian Ridge and potentially others were

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<v Speaker 1>at the very least turning a blind eye to the

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<v Speaker 1>Eighteenth Street guys.

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<v Speaker 2>I didn't get any evidence to this, but it was

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<v Speaker 2>something that everyone told me when I was in West Memphis,

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<v Speaker 2>like the people in the A. Treen Street group were

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<v Speaker 2>working with the police to sell drugs. One woman sat

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<v Speaker 2>down at me and she was like, how do you

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<v Speaker 2>think drugs get into West Memphis? Like we don't have

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<v Speaker 2>a port. Police will do a drug bust, and you

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<v Speaker 2>think they're throwing those drugs away, they're not. They're putting

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<v Speaker 2>them right back in circulation.

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<v Speaker 3>The girl I was going with but I had the

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<v Speaker 3>kids buy they pulled upon her brother over at the

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<v Speaker 3>gas station one day and he was saying that they

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<v Speaker 3>pulled up on him and said, Hey, you need to

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<v Speaker 3>go talk to Kendrick. We got something for you, and

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<v Speaker 3>y'all ain't got to worry about us twin now, as

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<v Speaker 3>long as y'all keep you down over there, y'all ain't

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<v Speaker 3>got to worry about us the rest nobody. But if

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<v Speaker 3>you don't, we'll be to see you. So what happened

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<v Speaker 3>was he came told me and I refused to say

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<v Speaker 3>a dope.

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<v Speaker 1>On him, and it appears that perhaps one of the

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<v Speaker 1>more prominent Eighteenth Street guys, Terrence Robinson, may have taken

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<v Speaker 1>this deal while Foxwood suffered the consequences.

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<v Speaker 3>The girl I was going with her brother, they gave

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<v Speaker 3>him the datment. They got my brother on the diapers,

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<v Speaker 3>They got Chuck Kirkwood, they got my whole neighborhood on

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<v Speaker 3>the diapers. The all the walk probably was left that

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<v Speaker 3>didn't get in the diaper with me almoose.

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<v Speaker 2>So Terrence Robinson, he's the person who, like we said,

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<v Speaker 2>so drugs with the police. He had a cousin called

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<v Speaker 2>Daryl Robertson. Darryl gets shot and that's what they try

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<v Speaker 2>to put on Ken, but that fails.

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<v Speaker 3>He gird order. He got to go write their statement

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<v Speaker 3>on me was lyons in kis who had to drop

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<v Speaker 3>the jobs. The one was investigated, the same one they

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<v Speaker 3>shot me, Brian Reid.

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<v Speaker 1>And with the context of this unholy alliance between the

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<v Speaker 1>police and Foxwood rivals on Eighteenth Street, tensions flared further

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<v Speaker 1>over a dice game in nineteen ninety six involving Ken's

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<v Speaker 1>friend Chuck and Terrence Robinson, who was with James Newsom,

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<v Speaker 1>the cousin of the victim in this case.

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<v Speaker 3>They had a nice game going on in the neighborhood,

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<v Speaker 3>Dames Gruesom and Terrence Robinson style Shuton guys Woodhelm. Anyway,

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<v Speaker 3>chue k b Terrence Alley's money, so Chump took off

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<v Speaker 3>the Wolkin. They pulled up Scot out the car and

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<v Speaker 3>hit truck in the face and tried to go on

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<v Speaker 3>his pockets and take it money. So this when the

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<v Speaker 3>fighter started. And after that we ended up seeing them

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<v Speaker 3>at the skating ring. We was going to the back

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<v Speaker 3>and they was coming away from the bank, and we

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<v Speaker 3>all got to fight New and answered the first justice,

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<v Speaker 3>Sire New.

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<v Speaker 1>And this kicked off a series of incidents of retaliatory

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<v Speaker 1>gun violence leading up to the incident in question on

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<v Speaker 1>February first, nineteen ninety seven, which occurred at nine hundred

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<v Speaker 1>West McCauley Drive, the Mayfair Apartment complex, which unfortunately was

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<v Speaker 1>no stranger to gunfights, and with this ongoing feud between

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<v Speaker 1>eighteenth Street and Foxwood, the likely assumption was that someone

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<v Speaker 1>from Foxwood was involved in the shooting. Now, the victim

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<v Speaker 1>in this case, Charles Newsom, lived there with his parents,

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<v Speaker 1>and according to some witnesses, Charles left home with Terrence

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<v Speaker 1>Robinson and Frederick Tyrone.

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<v Speaker 3>Ellis Caroli said that he was old Charles Newson house

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<v Speaker 3>in phil Paul. That's waiting on Charle to take a

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<v Speaker 3>shot down and take a bail, and there was the

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<v Speaker 3>only way to minches. They walked into the car and

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<v Speaker 3>they drove pay us by the manager's office and he

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<v Speaker 3>said that he's seen four people out there and they

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<v Speaker 3>began shoot this out of the car.

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<v Speaker 2>No one is very certain about how many shots were

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<v Speaker 2>fired or when the shot hit, but it was basically

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<v Speaker 2>a shootout happening. Someone took their hand out of the

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<v Speaker 2>windows started shooting back barely.

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<v Speaker 3>Said that Chaul made a right old McCarley and he

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<v Speaker 3>hit another car and he said chall that he couldn't breathe,

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<v Speaker 3>and so ca Ronald said that he scowed it over.

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<v Speaker 3>It stuck his leg onder the hands field up and

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<v Speaker 3>he drove from the passenger side all the way back

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<v Speaker 3>round to the front of the building where he went

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<v Speaker 3>and can't help it.

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<v Speaker 1>So the cops arrived and according to some witness says,

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<v Speaker 1>Terrence Robinson should have been with Ellis to give an account,

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<v Speaker 1>but no account has ever been found. Now. Initially Ellis

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<v Speaker 1>had said that three or four black males who he

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<v Speaker 1>couldn't identify, were shooting from the passenger's side, and that

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<v Speaker 1>when Charles was hit, he reached his foot over to

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<v Speaker 1>hit the gas to try to flee. But according to

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<v Speaker 1>a document that was just recently found, the body was

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<v Speaker 1>discovered in a position that really doesn't match his story.

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<v Speaker 2>We've gotten various accounts of how the body was found,

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<v Speaker 2>but never this one that Charles Newsom was basically turned

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<v Speaker 2>back and he was lunged over the driver's seat.

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<v Speaker 3>One week with she Seed, somebody had opened the door

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<v Speaker 3>and looked at his car, so it was cussin and

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<v Speaker 3>he jumped back in the car and.

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<v Speaker 1>Drove around the bend, which makes you think that whoever

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<v Speaker 1>drove the car out of there made room for himself

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<v Speaker 1>by pushing Charles over the seat, or perhaps Charles had

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<v Speaker 1>even lunged back there, since the shot may well have

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<v Speaker 1>come from inside the car, But unfortunately the state of

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<v Speaker 1>the physical evidence hasn't made anything clearer. It appears, in fact,

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<v Speaker 1>that Charles Dusom's car had been involved in previous shootouts

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<v Speaker 1>and plenty of damage to the out side of the car.

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<v Speaker 1>Two bullets were pulled from the car ceiling that aren't

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<v Speaker 1>part of the record in this case, as well as

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<v Speaker 1>two bullet holes the police claimed had penetrated the interior

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<v Speaker 1>and were related to this particular shooting. Now, how did

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<v Speaker 1>they know that, We don't know. We have no idea.

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<v Speaker 1>But maybe they said that because Charles Newsom was only

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<v Speaker 1>shot twice, once in the right forearm and once in

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<v Speaker 1>the right upper back.

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<v Speaker 3>They said on a two bullet hole put an interior

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<v Speaker 3>to the car, the one that hate him in the

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<v Speaker 3>foot hall. People said to have come through the wandle,

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<v Speaker 3>the very top, the back windle. You supposed in they

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<v Speaker 3>head one. They went to the trunk. They said that

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<v Speaker 3>a blizzard went to the trunk, went to the back seat,

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<v Speaker 3>to the back of the drama seat, kicked him in

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<v Speaker 3>the right upper side of his back.

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<v Speaker 1>But a picture of the open trunk showed no damage

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<v Speaker 1>at all to the car stereo speakers that covered the seatbacks.

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<v Speaker 1>So the prosecutor actually motioned to have that photo barred

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<v Speaker 1>from evidence. I'm just gonna pause there for a second. Ah, Yeah,

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<v Speaker 1>which you know, my spidy senses are telling me that

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<v Speaker 1>an independent investigation of the vehicle would have been prudent

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<v Speaker 1>and necessary.

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<v Speaker 2>So the car gets sold immediately that.

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<v Speaker 3>We used to call it through the marble, And I

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<v Speaker 3>guess she got rid of it because Hassan got killed

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<v Speaker 3>in it. The dude that bought the car, he said

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<v Speaker 3>there was no bullet hole in the back of the

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<v Speaker 3>drive of seat this compa.

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<v Speaker 2>But I spoke to someone who spoke to the guy

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<v Speaker 2>who bought the car, and he says there were no

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<v Speaker 2>back seats.

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<v Speaker 1>So no driver's seat, bullet hole, no back seats to

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<v Speaker 1>even confirm or deny the alleged trunk bullet path. Somebody

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<v Speaker 1>had gotten rid of them, right. But the state's theory

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<v Speaker 1>becomes even more unbelievable when you consider the bullet's trajectory

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<v Speaker 1>through Charles Newsom's body.

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<v Speaker 3>They said it a bullet What do the prong? What

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<v Speaker 3>do the back seat went through the back of the drivers,

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<v Speaker 3>hit him in the right upper side, open back, and

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<v Speaker 3>terminated in the lower left front.

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<v Speaker 2>It's a downward trajectory, Pully.

0:12:10.679 --> 0:12:13.760
<v Speaker 3>Wouldn't they hate him? They put no down will pay him?

0:12:14.040 --> 0:12:15.800
<v Speaker 3>Would would have would break to a person.

0:12:17.480 --> 0:12:20.480
<v Speaker 2>In my eyes, the fatal shot has to have come

0:12:20.520 --> 0:12:23.480
<v Speaker 2>from inside the car based on the ballistics. There is

0:12:23.760 --> 0:12:25.319
<v Speaker 2>no other way it could have happened.

0:12:46.400 --> 0:12:50.000
<v Speaker 1>The ongoing inter neighborhood gun violence had both the police

0:12:50.200 --> 0:12:55.480
<v Speaker 1>and alleged witnesses speculating about Foxwood, specifically about Ken Gillum

0:12:55.600 --> 0:12:59.640
<v Speaker 1>and Antonio Williams, which wasn't that wild of an idea,

0:12:59.800 --> 0:13:03.720
<v Speaker 1>can considering Ken's alibi because Ken was at his girlfriend,

0:13:03.840 --> 0:13:07.440
<v Speaker 1>Tarshalla Flores, his home with his two kids, one of

0:13:07.480 --> 0:13:11.439
<v Speaker 1>whom was nicknamed Pooh, and sometime before the shooting took place,

0:13:11.920 --> 0:13:13.600
<v Speaker 1>some Foxwood guys that stop by.

0:13:14.480 --> 0:13:17.400
<v Speaker 2>So Ken's girlfriend her two brothers are the big drug

0:13:17.440 --> 0:13:20.520
<v Speaker 2>dealers in West Memphis. They were Flores, so that house

0:13:20.720 --> 0:13:22.319
<v Speaker 2>was kind of where they all hang out. That's where

0:13:22.360 --> 0:13:24.000
<v Speaker 2>they sold drugs from. It was kind of like the

0:13:24.040 --> 0:13:26.960
<v Speaker 2>meeting point. So that's why these people came over.

0:13:27.280 --> 0:13:30.760
<v Speaker 3>They were come, roll Waters over, We're going to get Charles.

0:13:31.160 --> 0:13:34.959
<v Speaker 3>Tasha dude like no, you better come get your dad.

0:13:35.000 --> 0:13:36.880
<v Speaker 3>And stupid dad trying to go a wag to jail.

0:13:37.400 --> 0:13:40.920
<v Speaker 3>So he running there, grabbed my lead, hold on my lead,

0:13:41.760 --> 0:13:43.520
<v Speaker 3>was like, Mane, look, man I'm street. I ain't gonna

0:13:43.600 --> 0:13:49.199
<v Speaker 3>I'm sorry cute my partners called me. He was like, hey, Mane,

0:13:50.360 --> 0:13:53.800
<v Speaker 3>they can't shot Nane and know your name the firm name.

0:13:53.920 --> 0:13:55.640
<v Speaker 3>Come home. He said, you might want to get your

0:13:55.679 --> 0:13:57.280
<v Speaker 3>keys and stuff I have to have. I'm here and

0:13:57.320 --> 0:13:58.360
<v Speaker 3>it's going to be for shooting.

0:13:59.080 --> 0:14:02.880
<v Speaker 1>So you might be thinking, wait a minute, does Ken

0:14:03.000 --> 0:14:04.360
<v Speaker 1>actually know who did it?

0:14:05.200 --> 0:14:08.600
<v Speaker 3>See the parties? They didn't do it.

0:14:09.080 --> 0:14:13.000
<v Speaker 1>Now, Remember, the bullet trajectory supports that the fatal shot

0:14:13.360 --> 0:14:16.360
<v Speaker 1>had to have come from inside the car, and soon

0:14:16.440 --> 0:14:19.680
<v Speaker 1>after the shooting, the police had more support for a

0:14:19.720 --> 0:14:23.880
<v Speaker 1>close range gunshot. According to a report summarizing the Arkansas

0:14:23.920 --> 0:14:27.760
<v Speaker 1>Crime Labs gunshot residue analysis that was entered into evidence

0:14:27.800 --> 0:14:33.360
<v Speaker 1>of trial, Charles Newsom's jacket had quote one perforating hole

0:14:33.960 --> 0:14:37.800
<v Speaker 1>in the upper right back with residues relating to a

0:14:37.840 --> 0:14:40.800
<v Speaker 1>firearm discharge end quote.

0:14:41.200 --> 0:14:44.920
<v Speaker 2>The only way that Newsom would have residue on the

0:14:45.040 --> 0:14:49.880
<v Speaker 2>jacket was that if the shot had come from close range.

0:14:50.320 --> 0:14:54.520
<v Speaker 1>But despite that, the state continued to build this sort

0:14:54.520 --> 0:14:59.120
<v Speaker 1>of wild narrative about shooters outside the car, which centered

0:14:59.160 --> 0:15:00.800
<v Speaker 1>and relied on l his statements.

0:15:01.200 --> 0:15:03.920
<v Speaker 3>Carol Ali said that I don't know who did it.

0:15:04.240 --> 0:15:08.040
<v Speaker 3>That's the first statement. The second statement was gave a

0:15:08.120 --> 0:15:10.920
<v Speaker 3>couple of hours a capt there, and he said that

0:15:11.000 --> 0:15:14.720
<v Speaker 3>Gilby and Williams did it. Five days later, he gave

0:15:14.760 --> 0:15:19.760
<v Speaker 3>a third statement saying four people did gil them Willison, Willis,

0:15:20.000 --> 0:15:23.240
<v Speaker 3>and Jackson. But Ronald Jackson was found out to be

0:15:23.520 --> 0:15:26.480
<v Speaker 3>in Kentucky, so they know that was another lie.

0:15:27.160 --> 0:15:31.040
<v Speaker 1>So the mention of Ronald Jackson was just ignored while

0:15:31.040 --> 0:15:34.120
<v Speaker 1>the focus remained on the other three. And it seems

0:15:34.160 --> 0:15:37.240
<v Speaker 1>to Marco Wilson, who happens to be Ken's cousin, by

0:15:37.240 --> 0:15:40.240
<v Speaker 1>the way, was seen at Mayfair that night by a

0:15:40.240 --> 0:15:41.200
<v Speaker 1>man named Mark Welch.

0:15:41.760 --> 0:15:43.880
<v Speaker 2>Oh my god. The Marco is like, that's the whole

0:15:43.920 --> 0:15:46.120
<v Speaker 2>other thing, Like he's not even in this friend group.

0:15:46.560 --> 0:15:49.400
<v Speaker 2>He was in his girlfriend's apartment because they had a

0:15:49.440 --> 0:15:52.640
<v Speaker 2>newborn child, and he just walked down because he heard shots.

0:15:53.120 --> 0:15:55.440
<v Speaker 2>So Mark Welsh how he plays into the story. He

0:15:55.600 --> 0:15:57.360
<v Speaker 2>just goes like, I was there, I was in the

0:15:57.400 --> 0:15:59.480
<v Speaker 2>apartments and I saw the Marco was standing outside. He

0:15:59.520 --> 0:16:01.920
<v Speaker 2>looked at you take it. So that's how de Marco

0:16:01.960 --> 0:16:02.880
<v Speaker 2>comes into the whole thing.

0:16:03.120 --> 0:16:06.400
<v Speaker 1>So DeMarco's name was added to Ellis's third statement, and

0:16:06.440 --> 0:16:08.480
<v Speaker 1>they picked up Ken a few days later, but he

0:16:08.640 --> 0:16:09.600
<v Speaker 1>was in charged yet.

0:16:09.840 --> 0:16:11.800
<v Speaker 3>They took me the Jones brou to take a lot

0:16:11.840 --> 0:16:14.720
<v Speaker 3>to take the cares. But the man said exploit. You

0:16:15.520 --> 0:16:18.560
<v Speaker 3>said no, you paid to answer. Did you have anything

0:16:18.600 --> 0:16:21.640
<v Speaker 3>to do with it? You said no, you paid answer me.

0:16:21.720 --> 0:16:25.400
<v Speaker 3>Do you know anything about it? And you said no,

0:16:25.720 --> 0:16:28.200
<v Speaker 3>and until you were sure, you lying. So I said,

0:16:28.320 --> 0:16:30.840
<v Speaker 3>you said, I passed on not being there, and I

0:16:30.880 --> 0:16:33.240
<v Speaker 3>passed not having anything new with it, right? He said, yes,

0:16:33.680 --> 0:16:37.000
<v Speaker 3>said well I did. I'm innocent, so may leave me

0:16:37.280 --> 0:16:39.600
<v Speaker 3>along because I need shit. But it's you one that

0:16:39.640 --> 0:16:42.400
<v Speaker 3>you know something about it. I said that ain't my job.

0:16:42.440 --> 0:16:43.600
<v Speaker 3>I don't work for the police.

0:16:44.040 --> 0:16:46.440
<v Speaker 2>You don't want to mess with these people. So he

0:16:46.600 --> 0:16:50.240
<v Speaker 2>was not going to start pointing fingers and get potentially

0:16:50.560 --> 0:16:51.840
<v Speaker 2>retaliation from someone.

0:16:52.200 --> 0:16:53.520
<v Speaker 3>He ended up let me go.

0:16:54.120 --> 0:16:56.280
<v Speaker 1>Since Ken was not going to give them any information,

0:16:56.520 --> 0:17:00.240
<v Speaker 1>especially since he hadn't actually seen anything, they continue to

0:17:00.280 --> 0:17:03.160
<v Speaker 1>build the narrative. In his third statement, Ellis mentioned two

0:17:03.200 --> 0:17:06.280
<v Speaker 1>alleged witnesses who he said were just happened to be

0:17:06.359 --> 0:17:09.840
<v Speaker 1>driving by, Darnell Troop and Kevin Johnson. Troop gave a

0:17:10.000 --> 0:17:13.439
<v Speaker 1>statement about having heard the shots, while Johnson said that

0:17:13.480 --> 0:17:17.320
<v Speaker 1>he saw Antonio DeMarco and Ken by the manager's office

0:17:17.520 --> 0:17:19.439
<v Speaker 1>and that one of them had had a rifle.

0:17:19.680 --> 0:17:23.359
<v Speaker 2>It's funny to read their interrogation transcript because the police goes,

0:17:23.440 --> 0:17:27.440
<v Speaker 2>you saw these people standing on Wes McCauley, right. Kevin

0:17:27.480 --> 0:17:31.840
<v Speaker 2>Johnson goes, right, it sounded like a rifle, right, yes, right.

0:17:32.200 --> 0:17:34.920
<v Speaker 2>So the police is literally the way they're framing their

0:17:35.000 --> 0:17:37.879
<v Speaker 2>questions is with the information they need.

0:17:38.880 --> 0:17:41.760
<v Speaker 3>And this Johnson and three of the witnesses and say, hey,

0:17:42.200 --> 0:17:45.960
<v Speaker 3>all three of them, Hey, they job just dismissed. Ten

0:17:46.080 --> 0:17:48.159
<v Speaker 3>years after apposition.

0:17:48.520 --> 0:17:52.680
<v Speaker 2>These three witnesses got their charges dropped on February two

0:17:52.680 --> 0:17:56.360
<v Speaker 2>thousand and eight, all of them, and all of them

0:17:56.400 --> 0:17:59.800
<v Speaker 2>but one has now come forward and basically said I

0:17:59.880 --> 0:18:03.359
<v Speaker 2>was lying and I was offered something to lie. Kevin

0:18:03.440 --> 0:18:07.720
<v Speaker 2>Johnson said that he got drugs in exchange for that testimony.

0:18:07.840 --> 0:18:10.880
<v Speaker 2>So they all have their charges dropped the same month,

0:18:11.040 --> 0:18:13.480
<v Speaker 2>the same year, and some even the same day. You know,

0:18:13.520 --> 0:18:16.560
<v Speaker 2>and for people who are not like super familiar with

0:18:16.600 --> 0:18:19.800
<v Speaker 2>what this means, like this highly suggests they were cop informants,

0:18:20.160 --> 0:18:24.000
<v Speaker 2>because cops were holding these convictions over their heads until

0:18:24.040 --> 0:18:25.120
<v Speaker 2>they didn't need them anymore.

0:18:25.560 --> 0:18:29.959
<v Speaker 3>This endless get out in an abandoned house Will fifty

0:18:30.000 --> 0:18:34.840
<v Speaker 3>seven thousand, three ninety seven dollars two ketos and what

0:18:35.240 --> 0:18:37.159
<v Speaker 3>if I am a second or two or three gone?

0:18:37.520 --> 0:18:41.000
<v Speaker 3>He got five years of total c which he had

0:18:41.000 --> 0:18:43.120
<v Speaker 3>to do ten months, and he could get out on it.

0:18:43.760 --> 0:18:46.119
<v Speaker 2>So Ellis, for example, he testified in like five or

0:18:46.119 --> 0:18:49.440
<v Speaker 2>six criminal cases, like a bunch of them, always saying

0:18:49.480 --> 0:18:51.280
<v Speaker 2>whatever the police needed him to say.

0:18:51.760 --> 0:18:54.640
<v Speaker 1>And those weren't the only deals to be had. Ken

0:18:54.760 --> 0:18:57.639
<v Speaker 1>was offered ten years with just two years to the

0:18:57.640 --> 0:19:00.480
<v Speaker 1>parole board. Now, call me crazy, but it sounds to

0:19:00.520 --> 0:19:02.680
<v Speaker 1>me like they may not have really thought he did

0:19:02.680 --> 0:19:04.760
<v Speaker 1>it if they're offering him two years for a crime

0:19:04.800 --> 0:19:09.879
<v Speaker 1>this serious but okay. But Ken refused the deal. What

0:19:10.000 --> 0:19:13.480
<v Speaker 1>guilty guy refuses that deal, that's the best deal they're

0:19:13.520 --> 0:19:18.480
<v Speaker 1>ever going to get. But Ken refused, So they bolstered

0:19:18.480 --> 0:19:21.960
<v Speaker 1>their case with a jail house snitch named Jeff Cayton. Now,

0:19:22.080 --> 0:19:25.080
<v Speaker 1>fun fact, one of the investigators in West Memphis at

0:19:25.080 --> 0:19:27.960
<v Speaker 1>the time, a guy named Mike Allen. Well, he's the

0:19:28.000 --> 0:19:30.960
<v Speaker 1>current sheriff of Crittendon County and he's now married to

0:19:31.040 --> 0:19:35.040
<v Speaker 1>Jeff's sister. Anyway, Jeff gave a statement saying that in

0:19:35.160 --> 0:19:38.600
<v Speaker 1>jail he's actually married to the jail house nitch's sister.

0:19:38.920 --> 0:19:40.880
<v Speaker 1>Just when you think you've heard everything on the wrongful

0:19:40.880 --> 0:19:42.800
<v Speaker 1>conviction that you can hear it, then you hear stuff

0:19:42.800 --> 0:19:45.679
<v Speaker 1>like this. Anyway. Jeff gave a statement saying that in

0:19:45.800 --> 0:19:49.680
<v Speaker 1>jail he'd overheard Ken just rambling on and on about

0:19:49.680 --> 0:19:50.119
<v Speaker 1>the shooting.

0:19:50.560 --> 0:19:53.680
<v Speaker 3>Jeff Kate says that the prosecutor, fran Thorne want to

0:19:53.720 --> 0:19:56.040
<v Speaker 3>him to say it. He's hurt me and tay you

0:19:56.440 --> 0:19:59.159
<v Speaker 3>saying that I killed somebody and he's saying the people.

0:20:00.040 --> 0:20:02.320
<v Speaker 3>And they said they wouldn't send him to the penitentiary.

0:20:02.400 --> 0:20:04.840
<v Speaker 3>They sent him to boot camp on ninety They put

0:20:05.080 --> 0:20:07.760
<v Speaker 3>under the head like a little army thing and they

0:20:07.800 --> 0:20:11.600
<v Speaker 3>get help. So they sent him to boot camp two

0:20:11.680 --> 0:20:16.160
<v Speaker 3>weeks prior to trial. We went to trial November fourth

0:20:16.320 --> 0:20:20.399
<v Speaker 3>through November nineteen ninety seven, and on the sand he

0:20:20.520 --> 0:20:24.000
<v Speaker 3>said he didn't get a deal. He said that he

0:20:24.000 --> 0:20:26.399
<v Speaker 3>heard me say that I shot the gas car with

0:20:26.600 --> 0:20:28.440
<v Speaker 3>a shotgun. It wasn't no shotgun.

0:20:28.560 --> 0:20:32.600
<v Speaker 1>Fair saying, you know it's wild that with all of

0:20:32.640 --> 0:20:36.800
<v Speaker 1>the shellcasings from this incident and others at Mayfair, they

0:20:36.920 --> 0:20:41.359
<v Speaker 1>still couldn't find one shotgun shell that would have made

0:20:41.760 --> 0:20:44.760
<v Speaker 1>Caton's testimony make sense. And by the way. He later

0:20:44.800 --> 0:20:48.520
<v Speaker 1>recanted his statement as well, in case this wasn't screwed

0:20:48.600 --> 0:20:52.400
<v Speaker 1>up enough. Next up, Darnell Troop said he had heard

0:20:52.440 --> 0:20:55.280
<v Speaker 1>the shots while he drove by with Kevin Johnson, who

0:20:55.320 --> 0:20:56.800
<v Speaker 1>took the stand as well.

0:20:57.040 --> 0:21:00.359
<v Speaker 3>He said that him had done their troop in the

0:21:00.359 --> 0:21:03.600
<v Speaker 3>car together passing by, and he said, we shooting a

0:21:03.760 --> 0:21:08.040
<v Speaker 3>noosel white car with nucl Carl Purple and he seeing

0:21:08.200 --> 0:21:12.560
<v Speaker 3>me Williams Willison and Jarry Johnson and the man duke officer.

0:21:12.920 --> 0:21:16.480
<v Speaker 1>So Kevin Johnson, who later recanted, offered an entirely new

0:21:16.520 --> 0:21:18.840
<v Speaker 1>person into the narrative, just out of thin air. A

0:21:18.880 --> 0:21:21.639
<v Speaker 1>guy named Jerry Johnson appears in this narrative who also

0:21:21.880 --> 0:21:25.399
<v Speaker 1>ended up having a solid alibi like Ronald Jackson had

0:21:25.440 --> 0:21:26.880
<v Speaker 1>had from Elis's third statement.

0:21:27.440 --> 0:21:31.040
<v Speaker 3>Now and it's his first two statements. They were with

0:21:31.200 --> 0:21:35.160
<v Speaker 3>hal from us until the first day of trial. I mean,

0:21:35.160 --> 0:21:38.120
<v Speaker 3>they caught that man in so many lines. They tell

0:21:38.200 --> 0:21:40.479
<v Speaker 3>me your first statement, why didn't you just kill them?

0:21:40.480 --> 0:21:43.480
<v Speaker 3>Who did it? Oh Man? I just want to saying

0:21:43.520 --> 0:21:45.800
<v Speaker 3>that to me. You know what I'm saying. It wasn't

0:21:45.800 --> 0:21:48.240
<v Speaker 3>not your second statement you said kill them Williams eating

0:21:48.720 --> 0:21:51.159
<v Speaker 3>oh Man? I just gave him a little some some

0:21:52.440 --> 0:21:55.040
<v Speaker 3>Come on, man, do you remember sitting you've seen him

0:21:55.080 --> 0:21:58.040
<v Speaker 3>up at the passengers? No, I ain't say it for

0:21:58.080 --> 0:22:00.760
<v Speaker 3>they be a video statement said, yes about the passage

0:22:00.800 --> 0:22:02.360
<v Speaker 3>of the one. But what kind of guns did you see?

0:22:02.440 --> 0:22:05.600
<v Speaker 3>Two them head night rifle, pink kaylight guns that one

0:22:05.640 --> 0:22:07.960
<v Speaker 3>of them made the head guns. Do you remember saying

0:22:07.960 --> 0:22:10.960
<v Speaker 3>that you see they hey cawon guns. No, I don't know.

0:22:11.160 --> 0:22:14.040
<v Speaker 3>So they pade a video statement, ye say, hey, holme guns.

0:22:14.160 --> 0:22:16.920
<v Speaker 3>Then what about the fourth person? I'm just probably mistinking

0:22:16.960 --> 0:22:20.040
<v Speaker 3>about deal? But so you for sure about these three? Yeah,

0:22:20.080 --> 0:22:23.800
<v Speaker 3>I'm sure who had what guns? Oh? Man, I couldn't

0:22:23.800 --> 0:22:24.800
<v Speaker 3>feel it was too dull.

0:22:25.280 --> 0:22:27.760
<v Speaker 1>For the record, it was eight pm in February, the

0:22:27.840 --> 0:22:31.160
<v Speaker 1>area wasn't well lit, so it probably was too dark

0:22:31.200 --> 0:22:33.440
<v Speaker 1>for anyone to have seen what they claimed to have seen.

0:22:33.520 --> 0:22:37.240
<v Speaker 1>But at this point, despite the inconsistencies and discrepancies, the

0:22:37.359 --> 0:22:40.800
<v Speaker 1>jury heard three witnesses named the three co defendants without

0:22:40.840 --> 0:22:44.440
<v Speaker 1>any context of the deals they'd made with the prosecutor's office,

0:22:44.640 --> 0:22:47.920
<v Speaker 1>and in addition, they were able to keep Ken's alibi

0:22:47.960 --> 0:22:50.679
<v Speaker 1>witness Tarshalla Flores, off the stand.

0:22:51.040 --> 0:22:53.760
<v Speaker 3>They come in with two bullet pips did they said

0:22:53.760 --> 0:22:56.879
<v Speaker 3>they found and Tasha mulg House is doing a drug

0:22:56.960 --> 0:23:00.840
<v Speaker 3>grade six months after the murder, and they said that

0:23:01.240 --> 0:23:04.480
<v Speaker 3>these bullets had the same lot number on them as

0:23:04.480 --> 0:23:07.440
<v Speaker 3>the one found that the scene. So she didn't testify

0:23:07.560 --> 0:23:10.640
<v Speaker 3>for me because they were trying to act like I

0:23:10.680 --> 0:23:12.480
<v Speaker 3>had something to do that I had and I had

0:23:12.520 --> 0:23:14.720
<v Speaker 3>something to do with anything. I was in jail for

0:23:14.760 --> 0:23:17.919
<v Speaker 3>six months, So y'all raided their house. Lot number on

0:23:17.920 --> 0:23:20.320
<v Speaker 3>the back of the bullets don't mean nothing. This just

0:23:20.400 --> 0:23:22.680
<v Speaker 3>a year that there was manufactured. And I can bet

0:23:22.760 --> 0:23:26.040
<v Speaker 3>you this, if you had any other ak shootings or

0:23:26.200 --> 0:23:29.000
<v Speaker 3>sk shooting jails frown, you gonna have the same lot

0:23:29.080 --> 0:23:31.560
<v Speaker 3>number because all the drug dealers went to the same

0:23:31.600 --> 0:23:33.840
<v Speaker 3>place and bought the bullets. And that was Red Barn.

0:23:34.720 --> 0:23:38.600
<v Speaker 1>Again, this is important context that the jury never heard. Now.

0:23:38.640 --> 0:23:43.000
<v Speaker 1>The prosecutors also called Detective Brian Ridge to discuss his

0:23:43.400 --> 0:23:47.080
<v Speaker 1>magic curving bullet theory, and he came.

0:23:47.040 --> 0:23:49.760
<v Speaker 3>In with a homemade picture that he drew up. He

0:23:49.880 --> 0:23:53.520
<v Speaker 3>took a box car, a juvenile picture that a five

0:23:53.600 --> 0:23:56.639
<v Speaker 3>year old could have drew and it had the diresion

0:23:56.880 --> 0:24:00.960
<v Speaker 3>that he think says that the bullet went, bullet hole

0:24:01.520 --> 0:24:05.360
<v Speaker 3>hit the car on the tube. The hole was supposedly

0:24:05.680 --> 0:24:09.000
<v Speaker 3>gonna traded the inuitor. The picct them was hit in

0:24:09.080 --> 0:24:14.240
<v Speaker 3>the right four hall. Now, bullet people said to have come.

0:24:14.080 --> 0:24:18.040
<v Speaker 1>Through the window, which is plausible. The bullet could have

0:24:18.040 --> 0:24:20.679
<v Speaker 1>struck his forearm as he held the steering wheel, or

0:24:20.720 --> 0:24:24.199
<v Speaker 1>perhaps he raised his arm defensively at some point and

0:24:24.240 --> 0:24:27.480
<v Speaker 1>it was struck. But then the only other possible entry

0:24:27.520 --> 0:24:30.800
<v Speaker 1>point that they claimed was through the trunk, which they

0:24:30.800 --> 0:24:33.600
<v Speaker 1>said traveled through the back seat and driver's seat to

0:24:33.680 --> 0:24:36.960
<v Speaker 1>hit Charles. And remember we mentioned that the prosecutor already

0:24:37.000 --> 0:24:40.640
<v Speaker 1>objected to admitting the picture of the open trunk into evidence.

0:24:41.000 --> 0:24:44.600
<v Speaker 3>They come into court with the photos showing a bulletholes

0:24:44.800 --> 0:24:48.560
<v Speaker 3>of the car. Right, So now they come to the

0:24:48.600 --> 0:24:51.040
<v Speaker 3>bullet hole in the back of the driver's seat. Guess

0:24:51.040 --> 0:24:53.760
<v Speaker 3>what it can't be found. And two it was like, well,

0:24:53.800 --> 0:24:56.720
<v Speaker 3>they said, well you had this morning, didn't He said, yeah, hey,

0:24:56.800 --> 0:24:58.879
<v Speaker 3>but you've seen the lost from the police station.

0:24:59.520 --> 0:25:04.000
<v Speaker 1>The cool This is now like the dog ate my homework.

0:25:04.520 --> 0:25:07.040
<v Speaker 1>And then, to make matters worse, the state's next witness,

0:25:07.119 --> 0:25:11.080
<v Speaker 1>Kevin Mainhardt, testified about the gun that was alleged to

0:25:11.119 --> 0:25:14.080
<v Speaker 1>have been used, in this case an sk rifle, which

0:25:14.359 --> 0:25:17.120
<v Speaker 1>was helpful with demonstrating that the bullet could have made

0:25:17.160 --> 0:25:20.439
<v Speaker 1>it through all of those different objects, but not with

0:25:20.560 --> 0:25:21.840
<v Speaker 1>the downward trajectory.

0:25:22.320 --> 0:25:24.840
<v Speaker 3>Easy, it will go straight through them, hold over them.

0:25:25.359 --> 0:25:27.880
<v Speaker 3>So I wanted to hit some redit and take them down.

0:25:27.920 --> 0:25:28.479
<v Speaker 1>Will pay up?

0:25:29.080 --> 0:25:29.959
<v Speaker 3>This can't make confense.

0:25:30.840 --> 0:25:34.119
<v Speaker 1>So through their own witnesses, the state had just contradicted

0:25:34.240 --> 0:25:37.359
<v Speaker 1>their own narrative and they were about to do it again.

0:25:37.640 --> 0:25:40.720
<v Speaker 1>While presenting the medical evidence, they entered a number of

0:25:40.760 --> 0:25:44.760
<v Speaker 1>documents into evidence, including a report summarizing the Arkansas Crime

0:25:44.840 --> 0:25:49.760
<v Speaker 1>Labs gunshot residue analysis. Now, importantly, the gunshot residue of

0:25:49.880 --> 0:25:53.119
<v Speaker 1>the victim's hands was not submitted, and we'll get to

0:25:53.119 --> 0:25:55.399
<v Speaker 1>that in a minute. So at trial, one of the

0:25:55.480 --> 0:26:00.920
<v Speaker 1>things this summary report said was that Newsom's hands negative

0:26:01.240 --> 0:26:05.040
<v Speaker 1>for gunshot residue, and they put the medical examiner, doctor

0:26:05.080 --> 0:26:06.760
<v Speaker 1>Frank Peretti, on the stand.

0:26:07.160 --> 0:26:09.200
<v Speaker 2>Probably the most insane part of this trial is that

0:26:09.480 --> 0:26:12.560
<v Speaker 2>they never get a ballistics expert to come testify. They

0:26:12.600 --> 0:26:15.439
<v Speaker 2>get a medical examiner, and this was a doctor that

0:26:15.560 --> 0:26:18.840
<v Speaker 2>infamously also testified in the West Memphis three trial. So

0:26:18.880 --> 0:26:23.040
<v Speaker 2>he's testifying in Ken's case, and he says, basically, I

0:26:23.040 --> 0:26:26.280
<v Speaker 2>don't have qualifications to do this. The just says it's okay,

0:26:26.280 --> 0:26:29.520
<v Speaker 2>go on, go on. And what he says in trial

0:26:29.680 --> 0:26:34.639
<v Speaker 2>is that there was no close range firing because he

0:26:34.720 --> 0:26:37.160
<v Speaker 2>didn't see residue on the.

0:26:37.160 --> 0:26:41.440
<v Speaker 1>Victim, and he specifically mentions the victim's skin, and this

0:26:41.480 --> 0:26:43.840
<v Speaker 1>is something he can speak to as an expert. There

0:26:43.880 --> 0:26:47.640
<v Speaker 1>are ways to optically examine for residue or that can

0:26:47.680 --> 0:26:50.399
<v Speaker 1>be stippling, which is the burn pattern one can expect

0:26:50.440 --> 0:26:53.400
<v Speaker 1>with close range gunshots. But the victim was wearing three

0:26:53.520 --> 0:26:56.640
<v Speaker 1>layers that night, remember it was February, a shirt, an undershirt,

0:26:56.640 --> 0:26:59.040
<v Speaker 1>and a jacket. And the report from the Arkansas Crime

0:26:59.119 --> 0:27:03.880
<v Speaker 1>Lab says that is residue relating to firearm discharge around

0:27:03.920 --> 0:27:06.000
<v Speaker 1>the hole in the right upper back.

0:27:06.480 --> 0:27:09.680
<v Speaker 2>But the medical examiner is literally saying the shot was

0:27:09.720 --> 0:27:12.199
<v Speaker 2>coming from fifteen twenty minutes away, like the bullet came

0:27:12.200 --> 0:27:15.560
<v Speaker 2>from outside the car. While there's information that there's primer

0:27:15.640 --> 0:27:19.720
<v Speaker 2>residue on the victim, and this is pointed out by

0:27:19.800 --> 0:27:23.720
<v Speaker 2>either Antonio or DeMarco's lawyer and they were like, look,

0:27:23.760 --> 0:27:27.520
<v Speaker 2>this is impossible. There's an inconsistency. The state is saying

0:27:27.600 --> 0:27:30.199
<v Speaker 2>that there's primary residue on the victim, and yet the

0:27:30.240 --> 0:27:32.880
<v Speaker 2>medical examiner is saying that there's no evidence of close

0:27:33.000 --> 0:27:35.760
<v Speaker 2>range shooting. This is impossible, But that juror who's not

0:27:35.760 --> 0:27:38.679
<v Speaker 2>an expert on ballistics doesn't understand that. I mean, I

0:27:38.760 --> 0:27:41.359
<v Speaker 2>had to study this to understand it. If it was

0:27:41.400 --> 0:27:43.160
<v Speaker 2>just said to me like this, I would't understand it either.

0:27:43.680 --> 0:27:46.199
<v Speaker 1>And it seems that this case required at least a

0:27:46.240 --> 0:27:49.479
<v Speaker 1>ballistics expert to further explain this to the jury, but

0:27:49.720 --> 0:27:52.600
<v Speaker 1>that didn't happen before they went to deliberate.

0:27:53.240 --> 0:27:57.160
<v Speaker 3>Grandma sheen howl in the bathroom. Oh wait, it needs

0:27:57.400 --> 0:28:01.000
<v Speaker 3>out security chamber. So he was gonna help to the prosecutors,

0:28:01.680 --> 0:28:04.320
<v Speaker 3>and they said he told the prosecutors. He said, hey, man,

0:28:04.440 --> 0:28:07.760
<v Speaker 3>y'all cases, y'all need to do something. Now.

0:28:08.240 --> 0:28:10.240
<v Speaker 2>We've gotten a hold of one of those jurors. And

0:28:10.560 --> 0:28:12.840
<v Speaker 2>he said it's a long time ago, man, I don't remember,

0:28:12.960 --> 0:28:15.480
<v Speaker 2>but he's he was very clear. He was like, when

0:28:16.000 --> 0:28:20.520
<v Speaker 2>the jurors were deliberating, one of the prosecutors walks into

0:28:20.560 --> 0:28:23.840
<v Speaker 2>the jury room and they say something to the jurors

0:28:24.440 --> 0:28:27.879
<v Speaker 2>that's tempering with their decision, and then.

0:28:28.040 --> 0:28:31.880
<v Speaker 1>Those jurors returned with their verdict. All three men were

0:28:32.000 --> 0:28:36.840
<v Speaker 1>convicted of first degree murder and given life sentences without

0:28:36.960 --> 0:28:38.400
<v Speaker 1>the possibility of parole.

0:28:39.480 --> 0:28:42.480
<v Speaker 3>There's a lot of mind and a lot of disbelieve.

0:28:43.760 --> 0:28:48.760
<v Speaker 3>It was like it was like took my life? Did't know?

0:28:49.280 --> 0:28:53.400
<v Speaker 3>Do I just you know? It's that you just game

0:28:53.800 --> 0:28:57.240
<v Speaker 3>his plain because you need to make you feel so mad.

0:28:57.480 --> 0:29:01.200
<v Speaker 3>You'll be like talking him to make rail. You know

0:29:01.280 --> 0:29:19.560
<v Speaker 3>what I'm saying in the politration. You have to sit

0:29:19.680 --> 0:29:23.960
<v Speaker 3>here and wait and wait and hold some chime. And

0:29:24.280 --> 0:29:26.760
<v Speaker 3>now I gotta try to find a lawyer that'll take you.

0:29:27.040 --> 0:29:32.840
<v Speaker 3>I need help. It's hard, man, it is hard. You

0:29:33.280 --> 0:29:37.520
<v Speaker 3>don't know the feeling. Man. I lost my brother, my all,

0:29:37.560 --> 0:29:41.120
<v Speaker 3>my grandpa was gone. I even lost some grandchild since

0:29:41.240 --> 0:29:46.280
<v Speaker 3>up in the hero my brother was murdered, my grandma

0:29:46.720 --> 0:29:49.320
<v Speaker 3>died in the same man that help put me here

0:29:49.520 --> 0:29:52.440
<v Speaker 3>preached to help her. What kind of shit is this?

0:29:53.480 --> 0:29:54.600
<v Speaker 3>What kind of sh is this?

0:29:56.360 --> 0:30:00.200
<v Speaker 1>One of the investigators on this case, Detective On, became

0:30:00.280 --> 0:30:05.080
<v Speaker 1>a preacher and as luck would have it, or fate

0:30:05.320 --> 0:30:09.080
<v Speaker 1>or whatever irony whatever you want to call this, when

0:30:09.200 --> 0:30:12.400
<v Speaker 1>Ken was allowed to attend her funeral. Who the fuck

0:30:12.440 --> 0:30:13.560
<v Speaker 1>do you think he saw there?

0:30:14.880 --> 0:30:17.120
<v Speaker 3>He couldn't even look at me. I was sitting on

0:30:17.200 --> 0:30:19.240
<v Speaker 3>the part road. Every time he looked over there, and

0:30:19.400 --> 0:30:22.440
<v Speaker 3>he put his head down. He put his head down.

0:30:22.800 --> 0:30:25.080
<v Speaker 3>I wanted to get up, but I had respect for

0:30:25.200 --> 0:30:27.360
<v Speaker 3>my grandmama. I wanted to get up, and may y'all

0:30:27.440 --> 0:30:30.200
<v Speaker 3>get this bitch about the art, because the bitch lined

0:30:30.240 --> 0:30:33.200
<v Speaker 3>on me and got me here this pen attention, and

0:30:33.440 --> 0:30:36.040
<v Speaker 3>they put my grandmoma need the car and I walked

0:30:36.120 --> 0:30:38.680
<v Speaker 3>up to him. I said, you lying, talk ass bitch.

0:30:39.240 --> 0:30:42.640
<v Speaker 3>My mama put him away from him. They do this

0:30:42.720 --> 0:30:45.360
<v Speaker 3>shit to you because they could do it. The only

0:30:45.480 --> 0:30:48.920
<v Speaker 3>thing this shit is it's criminals to heal us and

0:30:48.960 --> 0:30:49.719
<v Speaker 3>motherfuckles up.

0:30:51.040 --> 0:30:54.320
<v Speaker 1>The three co defendants had an alleged confession back in

0:30:54.440 --> 0:30:57.280
<v Speaker 1>nineteen ninety nine, but that fell apart before it even

0:30:57.360 --> 0:30:59.720
<v Speaker 1>went to an evidentiary hearing oh.

0:30:59.720 --> 0:31:02.360
<v Speaker 3>Hey hanging down here and told him that he said

0:31:02.400 --> 0:31:03.920
<v Speaker 3>there and took the job, that they were going to

0:31:03.960 --> 0:31:07.040
<v Speaker 3>send him to the road, but that what dude changed took.

0:31:06.920 --> 0:31:10.200
<v Speaker 1>The moment following that, Kevin Johnson came forward in two

0:31:10.240 --> 0:31:12.880
<v Speaker 1>thousand and one claiming that he was offered drugs by

0:31:12.960 --> 0:31:15.920
<v Speaker 1>one of the victim's friends in exchange for this testimony,

0:31:16.160 --> 0:31:19.120
<v Speaker 1>and the team went back to court in two thousand

0:31:19.120 --> 0:31:19.400
<v Speaker 1>and three.

0:31:20.480 --> 0:31:24.160
<v Speaker 3>All two to them the issues was raised. It was

0:31:24.240 --> 0:31:27.520
<v Speaker 3>the same thing they got the Wistmavis three free was

0:31:27.720 --> 0:31:30.440
<v Speaker 3>the same appeal that they used due to the.

0:31:30.480 --> 0:31:34.280
<v Speaker 2>Scientific casting, so they filed a seventeen eighty six years.

0:31:34.160 --> 0:31:37.800
<v Speaker 1>Later in Discovery, they received a hidden gun shot residue.

0:31:37.840 --> 0:31:39.640
<v Speaker 1>Exam of Charles Newsom's hands.

0:31:39.960 --> 0:31:43.960
<v Speaker 2>Turns out there's primar residue in Newsom's hands. The only

0:31:44.080 --> 0:31:47.520
<v Speaker 2>way that Newsom would have primar residue in his hands

0:31:48.200 --> 0:31:51.920
<v Speaker 2>was that if the shot had come from close range.

0:31:51.960 --> 0:31:55.000
<v Speaker 1>But that Charles was in close proximity to gunfire.

0:31:55.360 --> 0:31:57.600
<v Speaker 2>But that didn't go with their story that the shooters

0:31:57.600 --> 0:31:59.520
<v Speaker 2>were from outside the car, so there could have been

0:31:59.560 --> 0:32:02.640
<v Speaker 2>no power anywhere. The evidence would have proven otherwise.

0:32:03.040 --> 0:32:06.760
<v Speaker 3>They denied it because they said that there was no

0:32:07.040 --> 0:32:11.280
<v Speaker 3>new scientific case thing it would have helped us look

0:32:11.480 --> 0:32:14.080
<v Speaker 3>that some of the cases I read. They saying that

0:32:14.880 --> 0:32:18.400
<v Speaker 3>it is not just for real reversal to be game

0:32:18.880 --> 0:32:23.840
<v Speaker 3>when the scene is convicted normally or not normally of

0:32:24.040 --> 0:32:28.360
<v Speaker 3>false evidence, and they know that they conveted me on false.

0:32:28.160 --> 0:32:32.560
<v Speaker 1>Evidence, and so did Jason Baldwin of the West Memphis Three,

0:32:32.680 --> 0:32:35.760
<v Speaker 1>who knew DeMarco Wilson while he was in prison. We'll

0:32:35.800 --> 0:32:38.520
<v Speaker 1>have their stories linked in the episode description, so check

0:32:38.560 --> 0:32:41.240
<v Speaker 1>them out. But upon his release in twenty eleven, he

0:32:41.360 --> 0:32:45.960
<v Speaker 1>eventually began a nonprofit to reinvestigate innocent's claims, and this

0:32:46.120 --> 0:32:48.960
<v Speaker 1>was their very first case. They tracked down witnesses and

0:32:49.080 --> 0:32:51.400
<v Speaker 1>tried to access the old case evidence to test for

0:32:51.560 --> 0:32:56.520
<v Speaker 1>DNA fingerprints, to reconstruct the crime scene, anything, and DeMarco

0:32:56.600 --> 0:32:58.600
<v Speaker 1>went back to court in twenty eighteen.

0:32:59.000 --> 0:33:01.000
<v Speaker 3>They was trying to find out what the evidence was.

0:33:01.000 --> 0:33:04.440
<v Speaker 2>It and the deck on all of it is missing

0:33:04.600 --> 0:33:07.200
<v Speaker 2>and all of the reports are missing too. So not

0:33:07.360 --> 0:33:11.040
<v Speaker 2>only don't we have the shirt, the jacket and the

0:33:11.160 --> 0:33:14.120
<v Speaker 2>car any of that, which is already huge misconduct because

0:33:14.120 --> 0:33:17.600
<v Speaker 2>you're meant to keep evidence from murder case forever, we

0:33:17.680 --> 0:33:20.840
<v Speaker 2>don't even have pictures of it. And when we bring

0:33:21.120 --> 0:33:23.840
<v Speaker 2>Mike Allen to court, they're like, hey, what happened to

0:33:23.920 --> 0:33:26.720
<v Speaker 2>this evidence? He's like it says, I checked it out,

0:33:26.920 --> 0:33:29.320
<v Speaker 2>but it wasn't me. Someone else done it. Someone else

0:33:29.440 --> 0:33:30.400
<v Speaker 2>mus have written my name.

0:33:30.480 --> 0:33:33.640
<v Speaker 1>I don't know where it is so someone just checked

0:33:33.680 --> 0:33:37.840
<v Speaker 1>the evidence out in nineteen ninety seven and it's just gone.

0:33:38.440 --> 0:33:40.920
<v Speaker 2>So I mean very convenient that because if we had

0:33:41.080 --> 0:33:43.600
<v Speaker 2>got evidence, if we could prove that can didn't do it,

0:33:43.760 --> 0:33:45.800
<v Speaker 2>you could do all types of testing. You could test

0:33:45.840 --> 0:33:47.640
<v Speaker 2>the pother again, you could test for DNA, you could

0:33:47.640 --> 0:33:48.680
<v Speaker 2>test all types of things.

0:33:49.040 --> 0:33:52.440
<v Speaker 1>Jason's team made contact with another potential confessor around twenty

0:33:52.520 --> 0:33:56.040
<v Speaker 1>twenty who had contacted law enforcement as early as twenty seventeen,

0:33:56.320 --> 0:33:59.360
<v Speaker 1>who was finally saying something that aligned with the evidence.

0:33:59.400 --> 0:34:03.200
<v Speaker 1>But that person took their own life before swearing under oath.

0:34:03.400 --> 0:34:06.560
<v Speaker 1>Now perhaps this wasn't even the right person, but it

0:34:06.720 --> 0:34:09.360
<v Speaker 1>was a similar tale to the nineteen ninety nine confessor

0:34:09.560 --> 0:34:12.680
<v Speaker 1>that three individuals, potentially the same guys that had stopped

0:34:12.719 --> 0:34:16.319
<v Speaker 1>by Ken's girlfriend Tarsha's earlier that night, had driven up

0:34:16.360 --> 0:34:19.480
<v Speaker 1>next to Newsom's car and opened fire, and then the

0:34:19.560 --> 0:34:22.040
<v Speaker 1>person in the backseat of Newsom's car pulled a gun

0:34:22.120 --> 0:34:25.520
<v Speaker 1>to return fire, and they believed that's how Newsom was

0:34:25.560 --> 0:34:28.960
<v Speaker 1>shot from close range. Maybe that's what Ken meant by

0:34:29.200 --> 0:34:32.520
<v Speaker 1>they didn't do it. Meanwhile, after years of outreach, Ken

0:34:32.640 --> 0:34:35.960
<v Speaker 1>had finally got a response from the making xannery class

0:34:36.080 --> 0:34:36.839
<v Speaker 1>at Georgetown.

0:34:37.640 --> 0:34:40.320
<v Speaker 2>First we got the primer residue analysis, and then we

0:34:40.560 --> 0:34:42.640
<v Speaker 2>finally sent it over to a ballistic expert and he

0:34:42.760 --> 0:34:44.759
<v Speaker 2>was like, this is primary residue, like that shot came

0:34:44.840 --> 0:34:47.800
<v Speaker 2>from inside the car. And then we also have what

0:34:48.600 --> 0:34:51.440
<v Speaker 2>five hundred pages worth of documents. I'm trying to reach

0:34:51.480 --> 0:34:53.640
<v Speaker 2>out to Ken's original attorney, but I sent them to

0:34:53.760 --> 0:34:55.279
<v Speaker 2>Ken and we talked and he was like, I don't

0:34:55.280 --> 0:34:57.160
<v Speaker 2>have any of this, like I never got any of this.

0:34:58.000 --> 0:34:59.800
<v Speaker 1>And they also looked up Jeff Cayton.

0:35:00.440 --> 0:35:02.040
<v Speaker 2>He's been trying to come forward for a while because

0:35:02.040 --> 0:35:05.400
<v Speaker 2>he's dying now with cirrhosis, and now he called us

0:35:05.560 --> 0:35:08.239
<v Speaker 2>and he goes, I need to clear my consciousness, like

0:35:08.280 --> 0:35:11.160
<v Speaker 2>I need to right this wrong. And he had years

0:35:11.200 --> 0:35:14.279
<v Speaker 2>in prison and he basically said, the officers told me

0:35:14.360 --> 0:35:16.600
<v Speaker 2>a story, and they said, you tell that on the

0:35:16.680 --> 0:35:18.839
<v Speaker 2>stand and you'll go to boot camp. You get off

0:35:18.840 --> 0:35:21.080
<v Speaker 2>with this up on the wrist, like you're good. So

0:35:21.200 --> 0:35:24.400
<v Speaker 2>that's exactly what happened to him. Kevin Johnson, Jeff Kayton

0:35:24.520 --> 0:35:28.080
<v Speaker 2>have recanted, and someone else, Paul Hunt, has come forward

0:35:28.120 --> 0:35:31.520
<v Speaker 2>and said I was jeff cell mate, and he confessed

0:35:31.520 --> 0:35:34.200
<v Speaker 2>to me many times to falsely testifying in that trial.

0:35:34.760 --> 0:35:38.000
<v Speaker 2>So that's corroborated. And then we have someone who has

0:35:38.040 --> 0:35:40.920
<v Speaker 2>now come forward and said the people who actually were

0:35:41.000 --> 0:35:43.480
<v Speaker 2>shooting at Newsom drove the car to my house and

0:35:43.840 --> 0:35:46.560
<v Speaker 2>confessed to me. Him and the three other guys confessed

0:35:46.600 --> 0:35:49.719
<v Speaker 2>to her, And that was not Ken Gillim. And this

0:35:49.960 --> 0:35:54.080
<v Speaker 2>woman had never spoken until I called her a few

0:35:54.120 --> 0:35:56.200
<v Speaker 2>months ago because someone gave me her name.

0:35:56.680 --> 0:35:59.960
<v Speaker 1>So potentially there's a connection between Ken's story, this witness

0:36:00.120 --> 0:36:03.080
<v Speaker 1>and the three men from the other confessions. In the meantime,

0:36:03.239 --> 0:36:06.440
<v Speaker 1>Claudia and the team which includes TOMMYA. Hayes and Brandon T.

0:36:06.680 --> 0:36:08.319
<v Speaker 1>Ham while they're not giving up.

0:36:08.640 --> 0:36:11.600
<v Speaker 2>We're in touch with the crime scene reconstruction expert and

0:36:11.920 --> 0:36:15.680
<v Speaker 2>also a handwriting expert because we believe some of the

0:36:15.760 --> 0:36:20.040
<v Speaker 2>signatures about medical reports and ballistics reports and all of

0:36:20.080 --> 0:36:22.799
<v Speaker 2>that has been forged from the beginning. The one thing

0:36:22.840 --> 0:36:24.799
<v Speaker 2>can always said to me is look at the ballistics.

0:36:25.280 --> 0:36:27.400
<v Speaker 2>It doesn't make sense. It does not make sense. It

0:36:27.440 --> 0:36:29.680
<v Speaker 2>could not have happened like that. So they were looking

0:36:29.760 --> 0:36:33.440
<v Speaker 2>for the shirt, the jacket, and the car, any of that.

0:36:33.680 --> 0:36:35.839
<v Speaker 2>So in the West Memphis Street trial, they also said

0:36:35.880 --> 0:36:38.040
<v Speaker 2>it was all gone, and then it was actually all

0:36:38.239 --> 0:36:41.719
<v Speaker 2>in the West Memphis Police Department. So when I was

0:36:41.760 --> 0:36:44.920
<v Speaker 2>in Arkansas, I went there. I mean my two colleagues,

0:36:44.960 --> 0:36:47.000
<v Speaker 2>we drove there and we asked for it. But you

0:36:47.080 --> 0:36:51.600
<v Speaker 2>can only access that type of evidence if you're a lawyer.

0:36:52.520 --> 0:36:55.360
<v Speaker 1>No, perhaps a lawyer or a crime scene reconstruction expert.

0:36:55.520 --> 0:36:59.040
<v Speaker 1>Anyone listening would like to offer their help, anyone out

0:36:59.080 --> 0:37:01.200
<v Speaker 1>there who would like to speak, it's never too late,

0:37:01.320 --> 0:37:03.279
<v Speaker 1>And if so, we're going to leave ways that you

0:37:03.320 --> 0:37:06.400
<v Speaker 1>can contact Claudia in the episode description, where you can

0:37:06.520 --> 0:37:09.279
<v Speaker 1>also find the documentary that they made for Ken's case.

0:37:09.600 --> 0:37:12.080
<v Speaker 1>And with that we're going to go to closing arguments.

0:37:12.640 --> 0:37:14.600
<v Speaker 1>This is the part of the show that I always

0:37:14.640 --> 0:37:16.960
<v Speaker 1>look forward to, where first of all, I thank you

0:37:17.440 --> 0:37:19.160
<v Speaker 1>from the bottom of my heart on behalf of our

0:37:19.160 --> 0:37:20.719
<v Speaker 1>whole team. And now I'm going to kick back in

0:37:20.800 --> 0:37:23.359
<v Speaker 1>my chair with my headphones on, just close my eyes

0:37:23.400 --> 0:37:26.360
<v Speaker 1>and listen to anything else you want to share with

0:37:26.600 --> 0:37:30.120
<v Speaker 1>me and our incredible audience. So Claudia, why don't you

0:37:30.280 --> 0:37:33.480
<v Speaker 1>go first and then just hand the mic off to Ken.

0:37:34.520 --> 0:37:38.279
<v Speaker 2>Ken was guilty way before he ever stepped foot in

0:37:38.360 --> 0:37:41.319
<v Speaker 2>that court. The police wanted a conviction, and they went

0:37:41.800 --> 0:37:45.520
<v Speaker 2>to any lengths until they got it. And there's just

0:37:45.719 --> 0:37:50.040
<v Speaker 2>no way that physically, the ballistics makes sense. There is

0:37:50.120 --> 0:37:52.080
<v Speaker 2>no way that shot came from outside of the car.

0:37:52.640 --> 0:37:56.319
<v Speaker 2>And there is no testimony still holding that hasn't been

0:37:56.640 --> 0:38:00.239
<v Speaker 2>recanted or proven to be coerced except the testimony of

0:38:00.320 --> 0:38:04.280
<v Speaker 2>someone who has a personal stake in this case, someone

0:38:04.400 --> 0:38:08.319
<v Speaker 2>who gave various different testimonies that don't corroborate with each other.

0:38:08.640 --> 0:38:10.239
<v Speaker 2>Ken has been in jail for twenty nine years, and

0:38:10.280 --> 0:38:13.839
<v Speaker 2>twenty nine years later, there is the testimony of one

0:38:13.960 --> 0:38:16.560
<v Speaker 2>person who's a cop informant, and that's what's keeping him

0:38:16.600 --> 0:38:19.680
<v Speaker 2>in jail, and we just got to get him out.

0:38:19.719 --> 0:38:22.640
<v Speaker 2>It's time. He hasn't seen his kids in early thirty years.

0:38:23.719 --> 0:38:26.080
<v Speaker 2>He's fifty six now, he hasn't had a life. He

0:38:26.160 --> 0:38:28.440
<v Speaker 2>went to jail when he was in his twenties. And

0:38:28.960 --> 0:38:32.000
<v Speaker 2>he's not guilty, and everyone knows he's not guilty. He's

0:38:32.040 --> 0:38:36.920
<v Speaker 2>a victim of a town and a system that has

0:38:37.040 --> 0:38:41.319
<v Speaker 2>never been held accountable for what they've done. And it's enough.

0:38:42.960 --> 0:38:47.400
<v Speaker 3>Well, like I said, it's just how he did about it,

0:38:47.560 --> 0:38:50.760
<v Speaker 3>because they can't for getting away with it. I'm wondering

0:38:50.840 --> 0:38:57.759
<v Speaker 3>why Alcatol doesn't have a CiU unit. He may he

0:38:57.960 --> 0:39:01.319
<v Speaker 3>of me that you can. Don't think that Alkassol has

0:39:01.520 --> 0:39:08.080
<v Speaker 3>also convicted people. Come on, man, I only know maybe

0:39:08.200 --> 0:39:11.200
<v Speaker 3>two people. They had been cleared of it, of crime

0:39:11.640 --> 0:39:15.840
<v Speaker 3>they didn't committed. That's the one thing I've ever heard of.

0:39:16.000 --> 0:39:19.040
<v Speaker 3>I know John Brown, and if I'm not mistaken, it

0:39:19.239 --> 0:39:22.840
<v Speaker 3>was Rodney break. Yeah. I'm not going to say. You know,

0:39:23.400 --> 0:39:25.080
<v Speaker 3>I'm looking forward to turn it into the help of

0:39:25.160 --> 0:39:28.360
<v Speaker 3>this case and take this case because I know Arkansas

0:39:28.520 --> 0:39:30.400
<v Speaker 3>needs to be exposed to this. You know, they need

0:39:30.480 --> 0:39:31.560
<v Speaker 3>to really be exposed.

0:39:37.600 --> 0:39:39.839
<v Speaker 1>Thank you for listening to Ron for Conviction. You can

0:39:39.960 --> 0:39:42.360
<v Speaker 1>listen to this and all the Lava for Good podcasts

0:39:42.440 --> 0:39:45.479
<v Speaker 1>one week early and ed free by subscribing to Lava

0:39:45.560 --> 0:39:48.359
<v Speaker 1>for Good Plus on Apple Podcasts. I want to thank

0:39:48.400 --> 0:39:51.520
<v Speaker 1>our production team, Connor Hall and Kathleen Fink, as well

0:39:51.560 --> 0:39:54.800
<v Speaker 1>as my fellow executive producers Jeff Kempler, Kevin Watis, and

0:39:54.880 --> 0:39:57.239
<v Speaker 1>Jeff Cleiber. The music in this production was supplied by

0:39:57.320 --> 0:40:00.400
<v Speaker 1>three time OSCAR nominated composer Jay Rowse. Be sure to

0:40:00.440 --> 0:40:03.160
<v Speaker 1>follow us across all social media platforms at Lava for

0:40:03.280 --> 0:40:06.200
<v Speaker 1>Good and at Wrongful Conviction. You can also follow me

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<v Speaker 1>on Instagram at it's Jason Flamm. Wrongful Conviction is a

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0:40:15.120 --> 0:40:17.919
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