1 00:00:01,520 --> 00:00:02,199 Speaker 1: You know, Maggie. 2 00:00:02,279 --> 00:00:05,720 Speaker 2: Sometimes we see cases where someone's almost on the verge 3 00:00:05,720 --> 00:00:09,040 Speaker 2: of being exaggerated and they die, and yet the attorneys 4 00:00:09,280 --> 00:00:11,840 Speaker 2: or the innis's projects, whoevers of all the case continue 5 00:00:11,920 --> 00:00:15,800 Speaker 2: the fight to prove their innocence. Many people must wonder 6 00:00:15,960 --> 00:00:18,239 Speaker 2: why don't they just drop it at that point the 7 00:00:18,239 --> 00:00:20,080 Speaker 2: person's gone, you. 8 00:00:20,000 --> 00:00:23,440 Speaker 3: Know, I think specifically because these people's families still exist, 9 00:00:23,640 --> 00:00:27,080 Speaker 3: and they're still around, and there's generations of kids and 10 00:00:27,160 --> 00:00:31,600 Speaker 3: grandkids that want to have justice for their loved one 11 00:00:31,640 --> 00:00:36,440 Speaker 3: and for themselves. So I think it's it's really important 12 00:00:36,479 --> 00:00:38,560 Speaker 3: to make sure that all of these wrongs are righted. 13 00:00:41,720 --> 00:00:44,240 Speaker 4: You know, as I sat there and I talked to him, 14 00:00:44,280 --> 00:00:47,680 Speaker 4: and he was just hooked up to so many machines, 15 00:00:47,840 --> 00:00:51,080 Speaker 4: and I whispered in his ear and said, how are 16 00:00:51,080 --> 00:00:52,960 Speaker 4: you going to come back in my life? And you're 17 00:00:53,000 --> 00:00:54,360 Speaker 4: just going to die on me? You can't be my 18 00:00:54,440 --> 00:01:00,080 Speaker 4: husband if you die right. 19 00:00:58,520 --> 00:01:01,400 Speaker 5: From love of for good, this wrongful conviction with Maggie 20 00:01:01,440 --> 00:01:17,039 Speaker 5: Freeling today Troy Berner. On April twenty first, nineteen ninety, 21 00:01:17,280 --> 00:01:20,000 Speaker 5: twenty seven year old Michael Wilson was walking with his 22 00:01:20,040 --> 00:01:25,000 Speaker 5: friend Joseph Kinnard when two masked gunmen suddenly ambushed them. 23 00:01:25,760 --> 00:01:29,520 Speaker 5: Joseph fled unharmed, but Michael was shot at least six times. 24 00:01:29,920 --> 00:01:33,560 Speaker 5: He passed away days later in the hospital. Although Michael 25 00:01:33,640 --> 00:01:37,160 Speaker 5: named his attackers before he died, investigators were somehow at 26 00:01:37,240 --> 00:01:40,280 Speaker 5: a loss and the case went cold for three years. 27 00:01:40,880 --> 00:01:43,600 Speaker 5: But in the years following the crime, things heated up 28 00:01:43,680 --> 00:01:47,440 Speaker 5: when police arrested multiple men looking to strike deals in 29 00:01:47,520 --> 00:01:51,920 Speaker 5: exchange for lighter sentences. Troy Berner's name was dragged into 30 00:01:51,960 --> 00:01:57,080 Speaker 5: this process. Eventually, among various conflicting statements, Troy was named 31 00:01:57,080 --> 00:02:00,000 Speaker 5: as one of the people present at Michael Wilson's shoe 32 00:02:00,720 --> 00:02:04,960 Speaker 5: ready to go with a gun in his hands. Troy 33 00:02:05,040 --> 00:02:08,000 Speaker 5: was a good kid with an impressive job a radiology 34 00:02:08,040 --> 00:02:11,520 Speaker 5: aid at George Washington University Hospital, and he had an 35 00:02:11,560 --> 00:02:14,639 Speaker 5: alibi for the time of the shooting. But Troy's career 36 00:02:14,800 --> 00:02:18,959 Speaker 5: and life trajectory unfortunately came to a quick halt when 37 00:02:18,960 --> 00:02:22,600 Speaker 5: his name got caught up in an elaborate murder plot. 38 00:02:24,639 --> 00:02:27,400 Speaker 6: You know, my whole thing was, you know, I didn't 39 00:02:27,400 --> 00:02:29,080 Speaker 6: have nothing to do with it, so, you know, and 40 00:02:29,080 --> 00:02:30,880 Speaker 6: they're not gonna be able to find nobody to say 41 00:02:30,880 --> 00:02:32,680 Speaker 6: I had nothing to do with it. So you know, 42 00:02:32,760 --> 00:02:35,440 Speaker 6: I held on to that, you know, that belief on 43 00:02:35,440 --> 00:02:40,400 Speaker 6: don't where they say the truth that you're free. 44 00:02:40,600 --> 00:02:41,720 Speaker 1: My name is Troy Burner. 45 00:02:42,760 --> 00:02:45,920 Speaker 6: I was wrongly convicted, serving twenty four years, eight months 46 00:02:45,960 --> 00:02:54,120 Speaker 6: and twenty two days. 47 00:02:55,639 --> 00:02:58,960 Speaker 5: Troy Burner was born in Southeast Washington, d C. On 48 00:02:59,040 --> 00:03:01,480 Speaker 5: August thirtieth, nineteen seventy. 49 00:03:01,080 --> 00:03:06,240 Speaker 1: Two, to Janie Berner and Janie Burner. 50 00:03:06,320 --> 00:03:08,440 Speaker 6: Know that's a joke that I do because I say 51 00:03:08,480 --> 00:03:09,800 Speaker 6: my mother is my father. 52 00:03:09,960 --> 00:03:13,440 Speaker 1: But oh, Clarence avel. 53 00:03:13,160 --> 00:03:15,919 Speaker 5: Smell, So were your parents not together? 54 00:03:16,120 --> 00:03:18,480 Speaker 1: Didn't know they know they were. I was raised by 55 00:03:19,720 --> 00:03:22,440 Speaker 1: my mom and my two grandmothers. 56 00:03:25,400 --> 00:03:28,280 Speaker 5: Troy is the oldest of five siblings. He says in 57 00:03:28,320 --> 00:03:31,440 Speaker 5: many ways he was like a father figure even within 58 00:03:31,480 --> 00:03:36,040 Speaker 5: his extended family. As a teen, Troy got into boxing 59 00:03:36,120 --> 00:03:39,120 Speaker 5: and would bring his pack of siblings, cousins, nieces, and 60 00:03:39,200 --> 00:03:42,320 Speaker 5: nephews to his matches. He remembers the times they all 61 00:03:42,400 --> 00:03:45,640 Speaker 5: hung out, and especially remembers his cousin Carlos. 62 00:03:46,000 --> 00:03:47,360 Speaker 6: You know, I used to take him to the gym 63 00:03:47,440 --> 00:03:50,000 Speaker 6: with me and he was like, man, I remember when 64 00:03:50,040 --> 00:03:52,120 Speaker 6: you was in there and you was spawned with such 65 00:03:52,160 --> 00:03:54,640 Speaker 6: and such, you was doing this man, we were so happy. 66 00:03:54,720 --> 00:03:55,680 Speaker 1: We was jumping around. Well. 67 00:03:55,720 --> 00:03:58,080 Speaker 6: I remember when you know, I came to your fight 68 00:03:58,280 --> 00:04:00,560 Speaker 6: and you know, and things of that nation. You know, 69 00:04:00,720 --> 00:04:02,880 Speaker 6: we might just be talking and I'd be just telling 70 00:04:02,960 --> 00:04:05,520 Speaker 6: him how funny he is, you know, I mean, he 71 00:04:05,600 --> 00:04:09,520 Speaker 6: might be like you say, I'm funny, you know, like 72 00:04:09,640 --> 00:04:11,400 Speaker 6: where you think I get it from, you know, and 73 00:04:12,560 --> 00:04:15,080 Speaker 6: really it don't come from me. But you know, just 74 00:04:15,080 --> 00:04:17,440 Speaker 6: the fact that you know, we think enough for me 75 00:04:17,520 --> 00:04:19,920 Speaker 6: to say that, it means a great deal. 76 00:04:24,839 --> 00:04:27,520 Speaker 5: Troy also had a lot of neighborhood friends. 77 00:04:30,279 --> 00:04:33,560 Speaker 4: I remember saying, this little kid and I would get excited, 78 00:04:33,600 --> 00:04:38,719 Speaker 4: you know, ears sticking out, little ears sticking out, socks 79 00:04:38,800 --> 00:04:40,520 Speaker 4: up to here. It's like, oh, here, come Troy. 80 00:04:40,600 --> 00:04:43,279 Speaker 5: You know this is Shari. She grew up with Troy. 81 00:04:44,120 --> 00:04:45,120 Speaker 1: You didn't have to say that. 82 00:04:45,120 --> 00:04:47,479 Speaker 6: There's no way that she would have known that my 83 00:04:47,560 --> 00:04:49,719 Speaker 6: ear is stuck out from my head if you didn't 84 00:04:49,720 --> 00:04:50,120 Speaker 6: say that. 85 00:04:53,360 --> 00:04:57,000 Speaker 5: Seri's mom and Troy's mom were friends as children. 86 00:04:57,200 --> 00:05:00,280 Speaker 4: You know, we played together. We were you know, even 87 00:05:00,320 --> 00:05:04,080 Speaker 4: back then we were we were really close. Our parents 88 00:05:04,080 --> 00:05:07,200 Speaker 4: did get together. My mom being a single mom, they 89 00:05:08,320 --> 00:05:10,440 Speaker 4: kind of kept us, you know, close together. 90 00:05:12,120 --> 00:05:12,400 Speaker 1: You know. 91 00:05:13,920 --> 00:05:18,560 Speaker 4: Happenmstance and you know circumstances in life. We grew and 92 00:05:18,720 --> 00:05:21,960 Speaker 4: he went one way. I went one way. 93 00:05:25,680 --> 00:05:28,280 Speaker 5: At sixteen, Troy dropped out of school, but he wasn't 94 00:05:28,279 --> 00:05:31,200 Speaker 5: done with his education. He got his ged before his 95 00:05:31,279 --> 00:05:34,479 Speaker 5: class graduated and went on to become a radiology aid 96 00:05:34,600 --> 00:05:37,040 Speaker 5: at George Washington University Hospital. 97 00:05:38,880 --> 00:05:41,720 Speaker 6: There were a lot of things that you know, I 98 00:05:41,800 --> 00:05:46,440 Speaker 6: was doing and would have liked to have further. You 99 00:05:46,480 --> 00:05:48,159 Speaker 6: know that again, that was one of the things, like 100 00:05:48,240 --> 00:05:50,479 Speaker 6: I said in hindsight, you know, that would definitely have 101 00:05:50,560 --> 00:05:56,920 Speaker 6: been something that I could have went on and done further. Unfortunately, 102 00:05:57,080 --> 00:06:00,279 Speaker 6: I'm a I'm a man of many unfulfilled dreams. 103 00:06:03,600 --> 00:06:06,039 Speaker 5: Not long after he started his radiology job, when he 104 00:06:06,120 --> 00:06:09,719 Speaker 5: was only seventeen, Troy was pulled into the criminal legal 105 00:06:09,760 --> 00:06:12,440 Speaker 5: system and his dreams were shattered. 106 00:06:14,279 --> 00:06:16,000 Speaker 6: You know, I just think, you know, there was a 107 00:06:16,240 --> 00:06:18,479 Speaker 6: particular time, man, that there was so many things that 108 00:06:18,520 --> 00:06:21,880 Speaker 6: I could have done, and you know, the opportunities was 109 00:06:21,880 --> 00:06:22,440 Speaker 6: taken from me. 110 00:06:29,480 --> 00:06:31,520 Speaker 5: Justin heads up, there are a lot of names to 111 00:06:31,560 --> 00:06:34,839 Speaker 5: keep track of with this story, so pay careful attention. 112 00:06:37,680 --> 00:06:41,400 Speaker 5: Shortly after nine pm on April twenty first, nineteen ninety, 113 00:06:41,640 --> 00:06:45,520 Speaker 5: Michael Wilson and Joseph Kinnard, both twenty seven, were walking 114 00:06:45,560 --> 00:06:48,560 Speaker 5: down Fifteenth Street in Washington, d C. They had just 115 00:06:48,640 --> 00:06:52,159 Speaker 5: met up with Michael's girlfriend, Jerry, her brother, and their friend. 116 00:06:53,200 --> 00:06:55,480 Speaker 5: The trio left Michael and Joseph and got in their 117 00:06:55,480 --> 00:06:58,119 Speaker 5: car to leave. They had only driven half a block 118 00:06:58,320 --> 00:07:01,520 Speaker 5: before they heard gunfire. The shots were from two masked 119 00:07:01,520 --> 00:07:06,640 Speaker 5: gunmen who all of a sudden were ambushing Michael and Joseph. 120 00:07:07,279 --> 00:07:10,559 Speaker 5: Joseph fled unharmed, but Michael was shot at least six 121 00:07:10,760 --> 00:07:13,000 Speaker 5: times in the back as he was trying to escape. 122 00:07:13,400 --> 00:07:15,840 Speaker 5: At the hospital, he was fortunately able to tell his 123 00:07:15,880 --> 00:07:18,600 Speaker 5: girlfriend Jerry who shot him. On a piece of paper, 124 00:07:18,600 --> 00:07:21,760 Speaker 5: he wrote the names Lewis and Little Rick, but that 125 00:07:21,880 --> 00:07:25,240 Speaker 5: was all she would get. On May eighth, Michael succumbed 126 00:07:25,240 --> 00:07:30,040 Speaker 5: to his wounds and passed away in the hospital. Although 127 00:07:30,080 --> 00:07:33,880 Speaker 5: Michael gave the names of his attackers, investigators didn't follow 128 00:07:33,960 --> 00:07:36,880 Speaker 5: up on these leads and the case went cold for 129 00:07:36,920 --> 00:07:43,480 Speaker 5: almost three years. But in nineteen ninety one things started 130 00:07:43,480 --> 00:07:47,400 Speaker 5: to shift when police arrested a man named Antonio Johnson. 131 00:07:47,880 --> 00:07:50,760 Speaker 5: He was busted with an uzi and other guns, as 132 00:07:50,800 --> 00:07:55,120 Speaker 5: well as five hundred grams of crap cocaine. Facing serious charges, 133 00:07:55,240 --> 00:07:59,640 Speaker 5: he agreed to cooperate with the prosecution and became an informant. 134 00:08:00,120 --> 00:08:03,600 Speaker 5: Johnson eventually wound up helping prosecutors in more than three 135 00:08:03,880 --> 00:08:08,800 Speaker 5: dozen cases and earning quite a bit of money in exchange. 136 00:08:09,480 --> 00:08:12,280 Speaker 5: About a year later, in nineteen ninety two, after he 137 00:08:12,320 --> 00:08:16,160 Speaker 5: had already agreed to cooperate with the police, Johnson implicated 138 00:08:16,320 --> 00:08:20,000 Speaker 5: four people in the shooting of Michael Wilson, Louis lou 139 00:08:20,120 --> 00:08:23,440 Speaker 5: McCoy and Rick Harad, the two men who Michael named 140 00:08:23,480 --> 00:08:27,400 Speaker 5: before he died, as well as Frank Brackmoort and Troy Berner. However, 141 00:08:27,480 --> 00:08:33,640 Speaker 5: Johnson clarified that Troy did not fire his gun. Did 142 00:08:33,679 --> 00:08:36,840 Speaker 5: you know the people involved in this crime? Were you 143 00:08:36,880 --> 00:08:37,920 Speaker 5: familiar with any of them? 144 00:08:38,640 --> 00:08:41,200 Speaker 6: Well, my co defenders I know him, and that was 145 00:08:41,440 --> 00:08:44,080 Speaker 6: essentially you know how I got, you know, swept up 146 00:08:44,120 --> 00:08:45,320 Speaker 6: into the victim itself. 147 00:08:45,360 --> 00:08:45,880 Speaker 1: I didn't know. 148 00:08:47,400 --> 00:08:49,800 Speaker 6: Well, for all respect, do God blessed day. I mean, 149 00:08:49,840 --> 00:08:52,120 Speaker 6: it's not possible if you walked in my face right now, 150 00:08:52,120 --> 00:08:52,719 Speaker 6: I wouldn't know. 151 00:08:52,679 --> 00:08:53,280 Speaker 1: Who he was. 152 00:09:02,040 --> 00:09:05,000 Speaker 5: About four months later, a man named Antoine Peyton was 153 00:09:05,120 --> 00:09:07,520 Speaker 5: arrested for a murder that took place a few months 154 00:09:07,559 --> 00:09:11,040 Speaker 5: before Michael Wilson's and only two blocks away from where 155 00:09:11,080 --> 00:09:13,960 Speaker 5: Wilson was shot, and when he was arrested for that murder, 156 00:09:14,080 --> 00:09:17,959 Speaker 5: Peyton was actually already in prison for two drug convictions. 157 00:09:18,440 --> 00:09:21,800 Speaker 5: To avoid more charges, Peyton started giving information in the 158 00:09:21,800 --> 00:09:24,680 Speaker 5: Michael Wilson case, and he ended up giving the same 159 00:09:24,760 --> 00:09:30,000 Speaker 5: names that Johnson did, low Rick, Brockmoort, and Troy. Eventually, 160 00:09:30,080 --> 00:09:32,440 Speaker 5: Peyton was offered a plea deal to confess to his 161 00:09:32,559 --> 00:09:35,920 Speaker 5: murder case for a lesser charge. The deal was he 162 00:09:35,960 --> 00:09:38,760 Speaker 5: had to give a statement and testify at the Michael 163 00:09:38,840 --> 00:09:41,800 Speaker 5: Wilson murder trial. Peyton agreed. 164 00:09:42,720 --> 00:09:44,680 Speaker 6: You know, it was a particular time in DC and 165 00:09:44,760 --> 00:09:49,400 Speaker 6: they have all these collaborative law enforcement investigations going on, 166 00:09:49,520 --> 00:09:52,960 Speaker 6: and they trying to close all these cold cases, and 167 00:09:54,360 --> 00:09:55,480 Speaker 6: this case came up. 168 00:10:01,240 --> 00:10:05,520 Speaker 5: On March fifteenth, nineteen ninety three, almost exactly three years 169 00:10:05,559 --> 00:10:08,880 Speaker 5: after Michael Wilson's death, a grand jury investigation into his 170 00:10:08,960 --> 00:10:12,400 Speaker 5: murder began. The important thing about this, though, was that 171 00:10:12,480 --> 00:10:15,720 Speaker 5: Troy was not named as a subject of the investigation, 172 00:10:16,280 --> 00:10:21,000 Speaker 5: only lou Rick and Brackmoort. At this point, Troy had 173 00:10:21,000 --> 00:10:26,040 Speaker 5: not been named by the government at all. Initially, Peyton 174 00:10:26,080 --> 00:10:29,240 Speaker 5: had told police that he didn't witness the shooting, but 175 00:10:29,320 --> 00:10:31,520 Speaker 5: in front of the grand jury, he testified that he 176 00:10:31,640 --> 00:10:34,000 Speaker 5: knew about the plant hate on Michael and that he 177 00:10:34,080 --> 00:10:36,760 Speaker 5: drove to the scene and parked in an alley to watch. 178 00:10:37,280 --> 00:10:39,960 Speaker 5: Peyton said he saw lou and Rick chase down Michael 179 00:10:40,000 --> 00:10:43,240 Speaker 5: and shoot him, and that Troy was not there. He 180 00:10:43,280 --> 00:10:46,280 Speaker 5: said that after the shooting, they all went to Brackmort's apartment, 181 00:10:46,480 --> 00:10:50,040 Speaker 5: including Troy. Everyone was angry at Troy for not showing 182 00:10:50,120 --> 00:10:52,960 Speaker 5: up at the scene, and according to Peyton, Troy said 183 00:10:53,000 --> 00:10:58,400 Speaker 5: he didn't participate because there would have been crossfire. A 184 00:10:58,440 --> 00:11:01,600 Speaker 5: grandeurer followed up with a question why would Troy have 185 00:11:01,640 --> 00:11:05,440 Speaker 5: been afraid of the crossfire, and Peyton changed his story again. 186 00:11:05,960 --> 00:11:08,559 Speaker 5: He replied that Troy actually was at the scene of 187 00:11:08,600 --> 00:11:10,760 Speaker 5: the crime, but that he didn't have a gun or 188 00:11:10,800 --> 00:11:14,480 Speaker 5: do anything. This was the first time Peyton actually placed 189 00:11:14,559 --> 00:11:19,400 Speaker 5: Troy at the scene, and it sealed Troy's fate. On 190 00:11:19,440 --> 00:11:22,960 Speaker 5: April twentieth, nineteen ninety three, the gran jury indicted all 191 00:11:23,040 --> 00:11:27,719 Speaker 5: four men, lou Rick, Brackmoort, and Troy on charges of 192 00:11:27,840 --> 00:11:32,360 Speaker 5: first degree murder. So when you get charged. 193 00:11:32,400 --> 00:11:35,440 Speaker 3: What are you thinking, like, you have everything going for you, 194 00:11:35,440 --> 00:11:38,560 Speaker 3: you have a great life, You're making moves, and now 195 00:11:38,640 --> 00:11:40,880 Speaker 3: suddenly you're in the middle of a murder and you 196 00:11:40,920 --> 00:11:42,240 Speaker 3: are charged with this murder. 197 00:11:43,320 --> 00:11:46,840 Speaker 1: Well, initially, you know, I really didn't. 198 00:11:46,880 --> 00:11:49,200 Speaker 6: I really didn't have any thoughts on it because you know, 199 00:11:49,280 --> 00:11:54,160 Speaker 6: my whole thing was, you know, I didn't have nothing 200 00:11:54,200 --> 00:11:55,760 Speaker 6: to do with it, so you know, and they not 201 00:11:55,800 --> 00:11:57,679 Speaker 6: gonna beb to find nobody to say I had nothing 202 00:11:57,679 --> 00:11:58,200 Speaker 6: to do with it. 203 00:11:58,280 --> 00:12:00,240 Speaker 1: So you know, I hailed on to that. 204 00:12:00,400 --> 00:12:03,120 Speaker 6: You know that belief on't where they say the truth 205 00:12:03,120 --> 00:12:15,720 Speaker 6: sessue free. 206 00:12:15,760 --> 00:12:18,679 Speaker 5: The trial against the men started a year later. The 207 00:12:18,760 --> 00:12:22,280 Speaker 5: judge who oversaw the trial, Judge John H. Suda, denied 208 00:12:22,320 --> 00:12:25,280 Speaker 5: a request by Troy's attorney to have him tried separately 209 00:12:25,320 --> 00:12:30,600 Speaker 5: from his co defendants. At the trial, Antoine Payton testified 210 00:12:30,679 --> 00:12:34,440 Speaker 5: again and gave yet another story on what exactly happened 211 00:12:34,520 --> 00:12:36,960 Speaker 5: the night of the shooting and the days leading up 212 00:12:36,960 --> 00:12:39,680 Speaker 5: to it. In this version, he said he saw Troy 213 00:12:39,800 --> 00:12:43,360 Speaker 5: with a gun in his hands. Antonio Johnson, the first informant, 214 00:12:43,520 --> 00:12:47,480 Speaker 5: also testified that he heard Brackmoort brag about ordering the 215 00:12:47,559 --> 00:12:50,480 Speaker 5: other guys to shoot but that Troy didn't do so 216 00:12:50,760 --> 00:12:54,200 Speaker 5: because his gun was jammed, and Michael Wilson's girlfriend and 217 00:12:54,240 --> 00:12:57,920 Speaker 5: her brother also testified during the trial. They said they 218 00:12:57,960 --> 00:13:02,800 Speaker 5: only saw two attackers. Even with contradiction after contradiction by 219 00:13:02,840 --> 00:13:05,600 Speaker 5: the state's witnesses, the case against Troy and his co 220 00:13:05,720 --> 00:13:09,079 Speaker 5: defendants was enough for the jury, and just over four 221 00:13:09,200 --> 00:13:12,400 Speaker 5: years after the murder of Michael Wilson, all four men 222 00:13:12,520 --> 00:13:16,200 Speaker 5: were convicted of first degree murder. Troy was sentenced to 223 00:13:16,360 --> 00:13:19,480 Speaker 5: thirty years to life, the longest sentence of them all. 224 00:13:28,320 --> 00:13:32,880 Speaker 5: This episode is underwritten by AIG, a leading global insurance company. 225 00:13:33,080 --> 00:13:37,240 Speaker 5: AIG is committed to corporate social responsibility and to making 226 00:13:37,280 --> 00:13:40,320 Speaker 5: a positive difference in the lives of its employees and 227 00:13:40,480 --> 00:13:43,360 Speaker 5: in the communities where we work and live. In light 228 00:13:43,440 --> 00:13:47,120 Speaker 5: of the compelling need for pro bono legal assistance, and 229 00:13:47,160 --> 00:13:51,800 Speaker 5: in recognition of AIG's commitment to criminal and social justice reform, 230 00:13:52,040 --> 00:13:56,240 Speaker 5: the AIG pro Bono Program provides free legal services and 231 00:13:56,360 --> 00:14:04,800 Speaker 5: other support to underrepresented communities and individual wolves. Troy entered 232 00:14:04,840 --> 00:14:07,079 Speaker 5: prison when he was twenty one years old. A few 233 00:14:07,160 --> 00:14:09,840 Speaker 5: years went by, and then one day in two thousand 234 00:14:09,840 --> 00:14:13,199 Speaker 5: and nine, Troy was approached by a new arrival at 235 00:14:13,200 --> 00:14:14,959 Speaker 5: the prison, a. 236 00:14:14,960 --> 00:14:18,320 Speaker 6: Guy came down, you know from another institution, you know, 237 00:14:18,920 --> 00:14:22,000 Speaker 6: somebody from DC, and he was like, man, I was 238 00:14:22,040 --> 00:14:24,280 Speaker 6: out talking to this dude and he was like, man, 239 00:14:24,320 --> 00:14:26,840 Speaker 6: he said, he think he got something that belonged to you. 240 00:14:27,560 --> 00:14:29,840 Speaker 5: Troy had no idea what it was, so he made 241 00:14:29,880 --> 00:14:31,240 Speaker 5: a point to meet this person. 242 00:14:32,360 --> 00:14:34,480 Speaker 6: So, you know, we set up a time to meet 243 00:14:34,480 --> 00:14:37,000 Speaker 6: the guy on the yard, on the reck yard, and 244 00:14:37,040 --> 00:14:39,560 Speaker 6: we walked on the yard and the dude pulled out 245 00:14:39,560 --> 00:14:42,720 Speaker 6: a payment said he said, I think this you. He said, 246 00:14:42,720 --> 00:14:44,840 Speaker 6: because since I've been here, I've been hearing your name. 247 00:14:44,880 --> 00:14:47,640 Speaker 6: He said, I think this you. And it was AffA 248 00:14:47,760 --> 00:14:49,600 Speaker 6: David from Answan. 249 00:14:49,200 --> 00:14:59,360 Speaker 5: Peyton Antoine Peyton, the state star witness in Troy's trial, 250 00:14:59,640 --> 00:15:04,280 Speaker 5: had recanted. In the signed affidavit, Peyton admitted he lied 251 00:15:04,360 --> 00:15:07,120 Speaker 5: about being at the scene of the crime and lied 252 00:15:07,160 --> 00:15:12,600 Speaker 5: about Troy being there. Troy now had something he could 253 00:15:12,720 --> 00:15:15,720 Speaker 5: use to help prove his innocence, so he got to work. 254 00:15:16,240 --> 00:15:18,680 Speaker 5: For the next six years, Troy read up on law 255 00:15:18,800 --> 00:15:21,400 Speaker 5: and in twenty fifteen, without the help of a lawyer, 256 00:15:21,680 --> 00:15:26,200 Speaker 5: filed a motion for innocence. The petition included Peyton's recantation, 257 00:15:26,640 --> 00:15:30,160 Speaker 5: as well as an affidavit from Rickharrod saying that only 258 00:15:30,280 --> 00:15:34,040 Speaker 5: he and Lou chased and shot the victims, Troy was 259 00:15:34,080 --> 00:15:37,680 Speaker 5: not with them. This new account by Rick was exactly 260 00:15:37,720 --> 00:15:40,920 Speaker 5: what Michael had expressed in the first place. Also, by 261 00:15:40,920 --> 00:15:44,920 Speaker 5: this time, Antonio Johnson had admitted that the prosecutors essentially 262 00:15:45,000 --> 00:15:50,600 Speaker 5: told him what to say at trial, but the motion 263 00:15:51,080 --> 00:15:54,680 Speaker 5: was denied. Troy then reached out to the mid Atlantic 264 00:15:54,760 --> 00:15:56,600 Speaker 5: Innocence Project or MAIP. 265 00:15:57,640 --> 00:15:59,240 Speaker 7: You know, Troy had done a lot of work on 266 00:15:59,320 --> 00:16:02,960 Speaker 7: his case and presented some new evidence to us that 267 00:16:03,000 --> 00:16:06,000 Speaker 7: got us interested and had us dig deeper. 268 00:16:06,560 --> 00:16:09,800 Speaker 5: This is Francis Walters. She's the former legal director of 269 00:16:09,840 --> 00:16:12,800 Speaker 5: the mid Atlantic Innocence Project and is now an attorney 270 00:16:12,800 --> 00:16:16,440 Speaker 5: advisor at the Department of Justice Office of the Pardon Attorney. 271 00:16:16,960 --> 00:16:19,400 Speaker 5: Francis was Troy's post conviction attorney. 272 00:16:20,080 --> 00:16:23,320 Speaker 7: What stood out in Troy's case was that there was 273 00:16:23,560 --> 00:16:29,000 Speaker 7: very minimal evidence of any involvement in the crime, and 274 00:16:29,640 --> 00:16:33,320 Speaker 7: it's pretty unusual to have someone convicted on such minimal 275 00:16:33,360 --> 00:16:38,400 Speaker 7: evidence and then to have this recantation. It really it 276 00:16:38,440 --> 00:16:41,400 Speaker 7: wasn't hard to come to the conclusion that Troy was innocent. 277 00:16:42,400 --> 00:16:45,000 Speaker 5: Troy's team went out and confirmed the recantation from Peyton. 278 00:16:45,400 --> 00:16:48,040 Speaker 5: They also discovered more information about him. 279 00:16:49,120 --> 00:16:52,400 Speaker 7: One of the things that had happened was Peyton said 280 00:16:52,920 --> 00:16:55,880 Speaker 7: in an affidavit that he had expected Troy to help 281 00:16:55,960 --> 00:16:58,560 Speaker 7: him out in one of his own cases, and he 282 00:16:58,600 --> 00:17:02,840 Speaker 7: got angry when Troy did, and so he said, you 283 00:17:02,880 --> 00:17:04,240 Speaker 7: know what, I'm just going to throw him in there. 284 00:17:04,880 --> 00:17:07,159 Speaker 5: Remember, Peyton had made a deal with the police to 285 00:17:07,240 --> 00:17:10,160 Speaker 5: testify for leniency in his own murder case. 286 00:17:10,480 --> 00:17:12,560 Speaker 7: We found like an FBI memo that said he was 287 00:17:12,640 --> 00:17:17,440 Speaker 7: like the most prolific confidential informant they had ever used. 288 00:17:18,320 --> 00:17:21,800 Speaker 5: The team continued to investigate Troy's conviction and they uncovered 289 00:17:21,840 --> 00:17:24,920 Speaker 5: some alibi witnesses who could help clear his name. 290 00:17:25,720 --> 00:17:28,560 Speaker 7: A couple of people who were from the neighborhood where 291 00:17:28,600 --> 00:17:32,480 Speaker 7: the shooting took place. They learned about Troy's Andcartridge many 292 00:17:32,560 --> 00:17:35,480 Speaker 7: years later, and when they learned about it, they said, 293 00:17:35,760 --> 00:17:39,640 Speaker 7: what Troy was playing dice with us? Again, not someone 294 00:17:39,680 --> 00:17:41,399 Speaker 7: who was close to Troy, And he said, but we 295 00:17:41,440 --> 00:17:44,479 Speaker 7: were all from this laundry room and we were all 296 00:17:44,480 --> 00:17:47,120 Speaker 7: playing dice together, and so he couldn't have been there. 297 00:17:47,920 --> 00:17:52,120 Speaker 7: So all those pieces of evidence we brought to the court. 298 00:17:51,920 --> 00:17:55,840 Speaker 5: In twenty seventeen, Maip, along with attorneys Seth Rosenthal and 299 00:17:55,920 --> 00:17:59,760 Speaker 5: Laurence stock Smith from the law firm Venable, LP, filed 300 00:17:59,760 --> 00:18:03,440 Speaker 5: a new motion in twenty eighteen. They were granted an evidence. 301 00:18:03,480 --> 00:18:04,080 Speaker 5: You're hearing. 302 00:18:04,440 --> 00:18:07,879 Speaker 7: So it's Monday Tuesday. So Lou testified, Rick testified, to 303 00:18:08,000 --> 00:18:09,520 Speaker 7: alibi witnesses testified. 304 00:18:10,119 --> 00:18:13,480 Speaker 5: Usually a judge takes weeks or months to rule, but 305 00:18:13,600 --> 00:18:16,200 Speaker 5: in this case, it only took a week. 306 00:18:18,800 --> 00:18:21,760 Speaker 7: The court had called us back because he was ready 307 00:18:21,800 --> 00:18:27,000 Speaker 7: to resentence Troy to time served and let him be 308 00:18:27,200 --> 00:18:34,640 Speaker 7: released from incarceration. At that point, it was an amazing day. 309 00:18:34,760 --> 00:18:36,480 Speaker 7: I mean, we thought it would happen, but you just 310 00:18:36,520 --> 00:18:39,760 Speaker 7: never know, and so that was pretty special that the 311 00:18:39,840 --> 00:18:44,119 Speaker 7: judge did that the very week that we presented all 312 00:18:44,160 --> 00:18:45,639 Speaker 7: the evidence of innocence. 313 00:18:48,520 --> 00:18:51,479 Speaker 5: Although Troy was released on time served, he was still 314 00:18:51,640 --> 00:18:54,880 Speaker 5: not exonerated at this point, but he continued to work 315 00:18:54,880 --> 00:18:58,160 Speaker 5: on his innocence claim while out and about enjoying life. 316 00:18:58,600 --> 00:19:00,000 Speaker 5: One night he was out at a club. 317 00:19:00,800 --> 00:19:03,760 Speaker 4: I looked up and I just saw him walking through 318 00:19:03,800 --> 00:19:05,760 Speaker 4: the club, and you know, in my mind, the first 319 00:19:05,760 --> 00:19:08,440 Speaker 4: thing that flashed back was, you know, the little boy 320 00:19:08,440 --> 00:19:12,560 Speaker 4: with earsticking out, and I lugged and I said, that's Troy. 321 00:19:12,240 --> 00:19:14,880 Speaker 1: Burner And I ran. 322 00:19:14,760 --> 00:19:16,600 Speaker 4: Over there and he gave me a hug and he 323 00:19:16,680 --> 00:19:19,520 Speaker 4: was like, little Cherie, you're back. And I'm like where 324 00:19:19,560 --> 00:19:19,960 Speaker 4: you been? 325 00:19:20,160 --> 00:19:21,879 Speaker 6: And he's like, you didn't know? 326 00:19:22,600 --> 00:19:25,400 Speaker 4: I said, well, I know some, but you know, not everything. 327 00:19:26,520 --> 00:19:29,560 Speaker 5: Over the years, Troy and Shari's mothers had stayed in touch, 328 00:19:29,880 --> 00:19:32,640 Speaker 5: and so Shari had heard little bits here and there 329 00:19:32,800 --> 00:19:34,000 Speaker 5: about Troy's situation. 330 00:19:35,520 --> 00:19:38,800 Speaker 4: He you know, he sat down and we talked, and 331 00:19:39,160 --> 00:19:41,640 Speaker 4: he explained and told me everything that happened. 332 00:19:44,000 --> 00:19:46,840 Speaker 5: From that point forward, Shari says she and Troy became 333 00:19:46,880 --> 00:19:50,080 Speaker 5: close again, like the women they were kids. A romance 334 00:19:50,200 --> 00:19:56,359 Speaker 5: soon developed and they were inseparable. So what happened next? 335 00:19:57,280 --> 00:20:01,960 Speaker 7: Yeah, so he was on parole and and then Troy 336 00:20:02,000 --> 00:20:05,560 Speaker 7: got really, really sick, and. 337 00:20:07,000 --> 00:20:07,520 Speaker 1: That was. 338 00:20:08,920 --> 00:20:14,080 Speaker 7: Scary for everyone, thinking that he could die. Before even 339 00:20:14,200 --> 00:20:16,679 Speaker 7: having a decision in his innocence case. 340 00:20:24,359 --> 00:20:27,639 Speaker 5: In twenty nineteen, Troy was diagnosed with the flu and pneumonia. 341 00:20:28,000 --> 00:20:30,400 Speaker 5: His condition was so bad it looked like he might 342 00:20:30,440 --> 00:20:31,040 Speaker 5: not make it. 343 00:20:31,760 --> 00:20:35,920 Speaker 1: Yeah, they put me in a comb expired wife. 344 00:20:39,600 --> 00:20:43,280 Speaker 4: And his mom she called me and she she woke 345 00:20:43,359 --> 00:20:46,760 Speaker 4: me up one night and she said they lost him, 346 00:20:47,080 --> 00:20:50,840 Speaker 4: and I think I panicked, and she said, baby, calm down, 347 00:20:51,000 --> 00:20:53,840 Speaker 4: he's back. They brought him back. And you know, I 348 00:20:53,920 --> 00:20:56,760 Speaker 4: was like, man, don't do that, you know, don't call 349 00:20:56,880 --> 00:20:59,840 Speaker 4: me right away and say they lost him. But yes, 350 00:21:00,040 --> 00:21:02,480 Speaker 4: so she called and she said, well, she said, I 351 00:21:02,560 --> 00:21:05,679 Speaker 4: just want you to know. She said, he's back, you know, 352 00:21:06,480 --> 00:21:09,480 Speaker 4: just get up there and go see him, you know. 353 00:21:09,600 --> 00:21:11,959 Speaker 4: So I sat there and I talked to him, and 354 00:21:12,640 --> 00:21:15,560 Speaker 4: he was just hooked up to so many machines, and 355 00:21:16,560 --> 00:21:19,359 Speaker 4: you know, it was just kind of hard to look 356 00:21:19,400 --> 00:21:23,399 Speaker 4: at him for a little bit. But then I just 357 00:21:23,520 --> 00:21:26,240 Speaker 4: I remember leaning over him, whispering in his ear because 358 00:21:26,280 --> 00:21:28,840 Speaker 4: she said, you know, just go talk to him. You 359 00:21:28,840 --> 00:21:29,639 Speaker 4: know he can hear you. 360 00:21:29,720 --> 00:21:31,760 Speaker 1: He's just resting. Go talk to him. 361 00:21:32,040 --> 00:21:34,000 Speaker 4: And I whispered in his ear. I said, how are 362 00:21:34,000 --> 00:21:35,879 Speaker 4: you going to come back in my life? And they're 363 00:21:35,920 --> 00:21:37,240 Speaker 4: just going to die on me. You can't be my 364 00:21:37,320 --> 00:21:38,760 Speaker 4: husband if you die, right, and. 365 00:21:38,880 --> 00:21:42,000 Speaker 7: So get his eyes just pop open right then? 366 00:21:43,280 --> 00:21:47,360 Speaker 4: You know that would have that would have been yeah, 367 00:21:47,440 --> 00:21:50,120 Speaker 4: that would have been a story, you know, but surely 368 00:21:50,240 --> 00:21:52,520 Speaker 4: you know, about a month or so after that, his 369 00:21:52,600 --> 00:21:57,920 Speaker 4: mom she called me and she was just he's back. 370 00:22:02,200 --> 00:22:04,880 Speaker 5: Troy was put in rehab and Shari went to see 371 00:22:04,960 --> 00:22:05,359 Speaker 5: him there. 372 00:22:06,000 --> 00:22:09,199 Speaker 4: You know, he just gave me the biggest hug and 373 00:22:09,280 --> 00:22:09,800 Speaker 4: he told me. 374 00:22:09,880 --> 00:22:12,399 Speaker 7: He was like, you know, you're going to be my wife. 375 00:22:12,480 --> 00:22:14,080 Speaker 4: And I said, well, you must have heard what I 376 00:22:14,200 --> 00:22:17,360 Speaker 4: said to you then, huh, And he was just kind 377 00:22:17,359 --> 00:22:20,280 Speaker 4: of looking at me, like, what are you talking about. Later, 378 00:22:20,359 --> 00:22:22,160 Speaker 4: I said, you know said I whispered in your ear. 379 00:22:22,280 --> 00:22:24,160 Speaker 4: You know you must have heard what I said too. 380 00:22:34,440 --> 00:22:37,399 Speaker 5: Troy was alive and with his love, but he was 381 00:22:37,480 --> 00:22:40,879 Speaker 5: still a prisoner of the state working on his innocence claim. 382 00:22:41,240 --> 00:22:44,560 Speaker 5: On March twenty second, twenty twenty, he left rehab, but 383 00:22:44,640 --> 00:22:46,440 Speaker 5: he didn't have to wait long to hear the news 384 00:22:46,520 --> 00:22:47,480 Speaker 5: he had been waiting for. 385 00:22:53,080 --> 00:22:56,720 Speaker 1: I desgonerated in March twenty six, just four. 386 00:22:56,600 --> 00:23:00,199 Speaker 7: Days after he finished rehab, when we weren't sure he 387 00:23:00,240 --> 00:23:00,840 Speaker 7: was going to make it. 388 00:23:01,200 --> 00:23:09,399 Speaker 5: Wow, at forty eight years old, Troy was a free man. Today, 389 00:23:09,440 --> 00:23:12,639 Speaker 5: Troy is an associate with the Justice Policy Institute, helping 390 00:23:12,680 --> 00:23:15,879 Speaker 5: others who have been wrongfully convicted. He's also involved with 391 00:23:16,000 --> 00:23:19,320 Speaker 5: other organizations that help people caught up in the criminal 392 00:23:19,400 --> 00:23:24,320 Speaker 5: legal system, including the organization Changing Perceptions, which helps formally 393 00:23:24,320 --> 00:23:28,320 Speaker 5: incarcerated people adjust to life outside prison. Troy has published 394 00:23:28,400 --> 00:23:35,119 Speaker 5: multiple articles about the criminal legal system as well. In 395 00:23:35,200 --> 00:23:38,960 Speaker 5: March twenty sixth, twenty twenty one, exactly one year from 396 00:23:39,000 --> 00:23:41,800 Speaker 5: his exoneration, Troy and Shari got married. 397 00:23:43,840 --> 00:23:46,879 Speaker 7: So what are what are y'all's plans hope streams for 398 00:23:46,920 --> 00:23:47,399 Speaker 7: the future. 399 00:23:48,119 --> 00:23:52,520 Speaker 4: Well, I have four children from a previous marriage that 400 00:23:52,880 --> 00:23:54,640 Speaker 4: they've all adopted him. 401 00:23:55,040 --> 00:23:57,679 Speaker 1: So he is Polish. How's that? 402 00:24:00,240 --> 00:24:06,280 Speaker 4: Oh gosh, he's like the ultimate stepdad and pop pop. 403 00:24:06,400 --> 00:24:10,200 Speaker 4: So we you know, we have seven grandkids. 404 00:24:10,960 --> 00:24:14,480 Speaker 1: Oh, boys, you better not do it all boys. 405 00:24:14,840 --> 00:24:17,760 Speaker 3: You know you're still very young to like you're young. 406 00:24:17,880 --> 00:24:18,479 Speaker 5: You're forty? 407 00:24:18,640 --> 00:24:20,800 Speaker 1: What this big fifty this year? 408 00:24:21,119 --> 00:24:21,320 Speaker 4: Wow? 409 00:24:21,880 --> 00:24:26,280 Speaker 1: Fifty this year? Okay, I might party all fifty states? 410 00:24:26,280 --> 00:24:28,240 Speaker 1: Is city near you? Where you're at? 411 00:24:34,320 --> 00:24:36,640 Speaker 5: As for Troy, he feels like he's been given a 412 00:24:36,680 --> 00:24:38,359 Speaker 5: whole new chance at life. 413 00:24:40,560 --> 00:24:43,159 Speaker 6: Well, you just heard the story, you know, about me 414 00:24:43,280 --> 00:24:46,280 Speaker 6: being sick and the doctor told me, you know, when 415 00:24:46,280 --> 00:24:49,720 Speaker 6: I got to the rehabb he said, you know, you're 416 00:24:49,720 --> 00:24:52,879 Speaker 6: a miracle. You're not supposed to be here. And I 417 00:24:52,960 --> 00:24:58,960 Speaker 6: told him, essentially that he was a damn lie. 418 00:24:58,080 --> 00:25:00,920 Speaker 1: You know, God said otherwise wasn't my time. 419 00:25:01,720 --> 00:25:04,840 Speaker 6: And even without that, you know, I had to settle 420 00:25:04,880 --> 00:25:10,560 Speaker 6: my emotions down and find some acceptance and understanding what happened, 421 00:25:11,080 --> 00:25:14,360 Speaker 6: because if I didn't, my emotions would have took you know, control, 422 00:25:15,000 --> 00:25:17,679 Speaker 6: and just try to continue life and find, you know, 423 00:25:17,800 --> 00:25:20,240 Speaker 6: that opportunity to see society again. 424 00:25:20,359 --> 00:25:21,879 Speaker 1: Otherwise I would have been lost. 425 00:25:22,480 --> 00:25:24,480 Speaker 6: Comes to the point, man, where it just you know, 426 00:25:24,560 --> 00:25:26,760 Speaker 6: it had to be accepted, you know, to move on, 427 00:25:26,960 --> 00:25:31,480 Speaker 6: because otherwise there's nothing else I can do. And being 428 00:25:31,560 --> 00:25:34,159 Speaker 6: here and have an opportunity, you know, to speak with 429 00:25:34,240 --> 00:25:37,280 Speaker 6: you and share my story and my understanding and also 430 00:25:37,920 --> 00:25:40,200 Speaker 6: you know, on my every day, you know, with my work, 431 00:25:40,760 --> 00:25:43,000 Speaker 6: you know, I just try to pour my efforts. 432 00:25:42,600 --> 00:25:46,240 Speaker 1: Into that, and somehow I come to the. 433 00:25:46,160 --> 00:25:49,760 Speaker 6: Realization that that would allow me to make some sense out. 434 00:25:49,640 --> 00:25:50,080 Speaker 1: Of all of this. 435 00:26:03,880 --> 00:26:07,520 Speaker 5: Next time on wrongful conviction with Maggie Freeling, Marnie Yang, 436 00:26:09,680 --> 00:26:10,879 Speaker 5: there was nobody. 437 00:26:10,480 --> 00:26:13,760 Speaker 8: That could help me at that point. My parents couldn't 438 00:26:13,800 --> 00:26:17,520 Speaker 8: help my attorney couldn't seem to protect us. I couldn't 439 00:26:17,560 --> 00:26:19,960 Speaker 8: go to the police. They were the ones that were 440 00:26:20,680 --> 00:26:24,440 Speaker 8: terrorizing us. I had just decided I'm just going to 441 00:26:24,480 --> 00:26:25,760 Speaker 8: tell them whatever they want to hear. 442 00:26:32,040 --> 00:26:34,679 Speaker 5: Thank you for listening to Wrongful Conviction with Maggie Freeling. 443 00:26:35,080 --> 00:26:38,399 Speaker 5: Please support your local innocence organizations and go to the 444 00:26:38,440 --> 00:26:40,560 Speaker 5: links in our bio to see how you can help. 445 00:26:41,080 --> 00:26:43,960 Speaker 5: I'd like to thank our executive producers Jason Flahm and 446 00:26:44,040 --> 00:26:47,440 Speaker 5: Kevin Wurtis, as well as our senior producer Annie Chelsea, 447 00:26:47,600 --> 00:26:52,520 Speaker 5: researcher Lila Robinson, story editor Sonya Paul, with additional production 448 00:26:52,720 --> 00:26:55,879 Speaker 5: by Jeff Cliburn and Connor Hall. The music in this 449 00:26:55,920 --> 00:27:00,000 Speaker 5: production is by three time OSCAR nominated composer Jay Rowel. 450 00:27:00,480 --> 00:27:03,119 Speaker 5: Be sure to follow us on Instagram at Wrongful Conviction, 451 00:27:03,520 --> 00:27:06,959 Speaker 5: on Facebook at Wrongful Conviction Podcast, and on Twitter at 452 00:27:07,000 --> 00:27:10,080 Speaker 5: Wrongful Conviction, as well as at Lava for Good. On 453 00:27:10,160 --> 00:27:13,280 Speaker 5: all three platforms, you can also follow me on both 454 00:27:13,320 --> 00:27:17,600 Speaker 5: Instagram and Twitter at Maggie Freeling. Wrongful Conviction with Maggie 455 00:27:17,640 --> 00:27:20,679 Speaker 5: Freeling is a production of Lava for Good Podcasts in 456 00:27:20,760 --> 00:27:31,439 Speaker 5: association with Signal Company Number one