WEBVTT - #008 Jason Flom with Douglas DiLosa

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<v Speaker 1>I came from a beautiful neighborhood, had a beautiful life.

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<v Speaker 1>I went to sleep because September seventh was the first

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<v Speaker 1>day of my high school year.

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<v Speaker 2>I was going to be a senior.

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<v Speaker 1>At twenty two, I was set to start college.

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<v Speaker 2>I woke up and my life was never the same again.

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<v Speaker 1>Cops came out with guns drawn, and I never saw

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<v Speaker 1>freedom ever since after that.

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<v Speaker 2>It's like roach mode town.

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<v Speaker 1>Once you get in, you and I can'tnam.

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<v Speaker 2>This is wrong for conviction with Jason Flamm, I'm particularly

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<v Speaker 2>thrilled today to have as our guest my good friend

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

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<v Speaker 1>Thank you, Thank you, Jason.

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<v Speaker 2>Having worked with the Nisis Project now for twenty years

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<v Speaker 2>as my role as a founding board member, I thought

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<v Speaker 2>I had heard everything until I heard Doug's story. So

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<v Speaker 2>you were living in Louisiana, right, I grew up there.

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<v Speaker 1>I was born and raised in New Orleans, Louisiana. At

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<v Speaker 1>the time, I wasn't living in New Orleans proper, but

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<v Speaker 1>I was living just outside of New Orleans in the

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<v Speaker 1>city of Kenna. I was married. My wife and I

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<v Speaker 1>had been together a little over ten years. We had

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<v Speaker 1>two beautiful children, a son who was seven at the

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<v Speaker 1>time and a daughter who was five.

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<v Speaker 2>Right, So you had a little yard and basically some

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<v Speaker 2>neighbors and sort of like we think of in New York,

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<v Speaker 2>we think everything's a cull the sack. Right, we have

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<v Speaker 2>this strange region America as a series of called the Sack.

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<v Speaker 2>But basically, am I paying the right picture?

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<v Speaker 1>Yes?

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<v Speaker 2>Until it all went wrong?

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<v Speaker 1>Absolutely, until that American dream turned into the American nightmare.

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<v Speaker 2>Right, And it's a nightmare of proportions that are impossible

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<v Speaker 2>to overstate. You were at home with your wife and kids, right,

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<v Speaker 2>and tell us what happened.

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<v Speaker 1>It was a typical Friday evening in our lives. Fast

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<v Speaker 1>forward to about two thirty in the morning on Saturday morning,

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<v Speaker 1>September twenty seventh, and I woke up, sat up in bed.

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<v Speaker 1>I heard a noise. The noise that I was positive

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<v Speaker 1>I heard was our pet parrot, squawking and fluttering around

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<v Speaker 1>in its cage. I get up from bed, Tell my wife,

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<v Speaker 1>I'm going to check on Andy. That was the name

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<v Speaker 1>of the bird.

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

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<v Speaker 1>My wife's name was Glinda. Right, I get up, I

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<v Speaker 1>go downstairs. As soon as I got to the foot

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<v Speaker 1>of the stairs. One person came from the side of me,

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<v Speaker 1>out of our bathroom area, and this person immediately struck

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<v Speaker 1>me with an object that I think was a piece

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<v Speaker 1>of mob pandle or a broomstick. Another person came from

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<v Speaker 1>the kitchen area and immediately knocked me to the ground,

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<v Speaker 1>and the two individuals, I don't know how long it lasted,

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<v Speaker 1>probably less than thirty seconds, kicked me, beat me until

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<v Speaker 1>I lost consciousness. Sometime later I was regaining consciousness. I'm

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<v Speaker 1>not sure how long I laid on the floor, but

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<v Speaker 1>I realized thing that sort of frightened me. At first,

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<v Speaker 1>I couldn't move my fans and feet were tied behind

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<v Speaker 1>my back. I was hog tied, and I was struggling

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<v Speaker 1>to gain consciousness and put my thought process together to

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<v Speaker 1>figure out what had happened. After whether it was one

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<v Speaker 1>minute or ten minutes, I started calling for my wife.

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<v Speaker 1>Didn't get any response at all.

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

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<v Speaker 1>Foot of the stairs, inside of what would have been

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<v Speaker 1>our den, right.

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<v Speaker 2>And she's and she's upstairs, she's upstairs, upstairs in the bedroom.

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<v Speaker 1>Getting no response at all from my wife. I called

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<v Speaker 1>for my seven year old son, Dennis. And on the

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<v Speaker 1>third of the fourth call from my son, I heard

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<v Speaker 1>him stirring upstairs. He answered me. Initially, he went into

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<v Speaker 1>the master bedroom and I could hear him say, Daddy,

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<v Speaker 1>where are you. I see Mommy, but she's sleeping, and

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<v Speaker 1>I said, Daddy's downstairs. Please come downstairs. He came downstairs

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<v Speaker 1>and I told him, Dennis, two bad men had broken

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<v Speaker 1>in the house and they hurt Daddy. But I'm gonna

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<v Speaker 1>be all right. I need you to untie my hands.

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<v Speaker 1>He couldn't untie my hands because the rope was tied

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<v Speaker 1>so tightly. Then I asked him to go in the kitchen,

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<v Speaker 1>please get a knife and try to cut the rope.

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<v Speaker 1>He came back with a knife, but he was panicking

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<v Speaker 1>because he said, Daddy, I'm scared because I can see

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<v Speaker 1>four legs under the blind or the curtain in the

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<v Speaker 1>kitchen leading out to the patio. I can see people

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<v Speaker 1>standing on the patio, and I'm afraid it's the bad

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<v Speaker 1>men that hurt you. And I sort of panicked myself then,

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<v Speaker 1>and I said, Dennis, pick up the phone. The phone

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<v Speaker 1>was right there on the landing of the stairs. I

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<v Speaker 1>said dial nine one one, and he immediately picked up

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<v Speaker 1>the phone dial nine one one. He says, what do

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<v Speaker 1>I say? And I said, just tell him you need help,

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<v Speaker 1>that your daddy's hurt. And you had seen two men

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<v Speaker 1>standing on the patio. I don't think he told them

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<v Speaker 1>that exact anyway, he got their attention, and within minutes

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<v Speaker 1>police arrived on the scene.

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<v Speaker 2>And then the police arrive on the scene. And then

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<v Speaker 2>this is where things start to really get crazy, right,

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<v Speaker 2>because it seems like a pretty simple situation. You're hog tied. Right.

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<v Speaker 1>The police enter. The first thing one of them does

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<v Speaker 1>is kneel down next to me, ask me if I'm

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<v Speaker 1>all right. I guess I basically tell him, yeah, I'm fine.

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<v Speaker 1>He doesn't untime, he doesn't do anything, and I hear

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<v Speaker 1>another officer goes upstairs, and at that point in time,

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<v Speaker 1>the next thing I hear him is kicking a door

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<v Speaker 1>off the hinges. And it turned out that after my

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<v Speaker 1>son had gone in the bedroom when I called him

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<v Speaker 1>and he found his mother what he described as being asleep,

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<v Speaker 1>he must have pulled the door shut behind him and

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<v Speaker 1>it just automatically locked. So so he kicks in the door.

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<v Speaker 1>He kicks in the door. When he kicks in the door,

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<v Speaker 1>he really startles my daughter, who's in the bedroom next door,

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<v Speaker 1>and she starts crying hysterically, and at that point then

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<v Speaker 1>my son starts crying hysterically. And I'm I'm getting pretty

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<v Speaker 1>hysterical myself, laying on the floor. I'm still hogtied, and

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<v Speaker 1>I'm telling you what's going on, what's going on? And

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<v Speaker 1>policeman is trying to restrain me and keep me on

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<v Speaker 1>the ground.

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<v Speaker 2>Which is not that hard.

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<v Speaker 1>You're but go ahead, and I'm like, and he says,

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<v Speaker 1>don't worry, Everything'll be fine, and I mean, within moments,

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<v Speaker 1>it seems like ambulance attendants arrived on the scene. I

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<v Speaker 1>couldn't hear exactly what they were being told, but they

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<v Speaker 1>were being told something about my wife was in the

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<v Speaker 1>bedroom upstairs and that somebody needed to get my daughter

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<v Speaker 1>and bring her downstairs, which they did. And again I

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<v Speaker 1>don't know how much time was elapsing, but at some

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<v Speaker 1>point in time, more police officers arrived on the scene.

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<v Speaker 1>Eventually someone cut me free. Moments after they cut me free,

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<v Speaker 1>they told me that I would have to be taken

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<v Speaker 1>to the emergency room and that the other paramedic team

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<v Speaker 1>was working on my wife and i'd see her there,

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<v Speaker 1>and also at some point in time they asked me

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<v Speaker 1>if there was anybody that they could call to take

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<v Speaker 1>care of my children. I'm being treated in the emergency room.

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<v Speaker 1>I don't know how much later again, was it ten

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<v Speaker 1>or fifteen minutes? Was it an hour later? My brother

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<v Speaker 1>and a priest come into the emergency room, and they

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<v Speaker 1>informed me that my wife had been killed.

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<v Speaker 2>And at this point, you're I mean, You've just been

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<v Speaker 2>through an impossibly traumatic experience, and now you're getting hit

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<v Speaker 2>with this news, and the whole world must be collapsing

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<v Speaker 2>around you. At this point in time.

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<v Speaker 1>It was pretty hard to believe what I was being told.

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<v Speaker 1>I think I almost went in the shock when they

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<v Speaker 1>told me my wife had been killed, And I mean,

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<v Speaker 1>I just can't process what I'm being told and come

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<v Speaker 1>up with any logical reason why it had happened.

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<v Speaker 2>And then you get back with your kids and try

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<v Speaker 2>to piece things back together. You had given the police

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<v Speaker 2>the information that they wanted right about it, basically the

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<v Speaker 2>story that you just told us.

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<v Speaker 1>I had recalled everything I could remember to the police.

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<v Speaker 2>Except for when you were unconscious, of course, which was

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<v Speaker 2>that's the only missing part. And then they were having

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<v Speaker 2>trouble solving the case.

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<v Speaker 1>Right, There had been considerable criticism of the police department

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<v Speaker 1>for not solving having any viable leads in this case,

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<v Speaker 1>demanding to know from the police chief what were they doing,

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<v Speaker 1>how were they protecting the neighborhood. I had gotten a

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<v Speaker 1>little bit vocal, and I probably said on more than

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<v Speaker 1>one occasion, all of these stupid son of a bitches

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<v Speaker 1>need to be fired because they don't appear to know

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<v Speaker 1>what they're doing. Their actions were, in my mind, reminiscent

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<v Speaker 1>of the old Keystone cops in slapstick comedies, because they

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<v Speaker 1>just didn't appear to be very.

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<v Speaker 2>Bright, right, Okay, And so obviously the police, you know,

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<v Speaker 2>they're feeling a lot of pressure and they're feeling a

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<v Speaker 2>little they're getting their back up about this, right, right.

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<v Speaker 2>So then comes the craziest part, in some ways the

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<v Speaker 2>craziest part of the story, right, which is that now

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<v Speaker 2>we're three months from the day to the crime basically.

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<v Speaker 1>Right, we're now the morning of December twenty ninth.

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<v Speaker 2>I was it's hot, it's hot, inis, it's.

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<v Speaker 1>Very warm in Louisiana. I'm deciding I'm going to put

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<v Speaker 1>out the Christmas tree. It's starting. It was a live tree.

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<v Speaker 1>It's starting to drop needles all over, so I tell

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<v Speaker 1>my children I'll be right back. I'm just going to

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<v Speaker 1>put the Christmas tree out for the trash. I've got

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<v Speaker 1>a pair of cutoff jeans on, nothing else. And as

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<v Speaker 1>I'm putting the tree in the back of my house

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<v Speaker 1>by the curve for the trash, I hear Doug Delosa

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<v Speaker 1>turn around and I sort of turn around, and I'm

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<v Speaker 1>likes in shock. I have no idea how many police

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<v Speaker 1>officers are there, at minimum of six, maybe ten or more.

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<v Speaker 1>I have many no idea how many news cameras are there.

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<v Speaker 1>Probably as many personnel were there as there were police

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<v Speaker 1>officers pointing cameras at me, and the police pointing guns

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<v Speaker 1>at me, and they say, you know why we're We're

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<v Speaker 1>here to rest you for the murder or your wife.

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<v Speaker 1>And I'm just like thinking to myself, this can't be true.

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<v Speaker 1>You know, this nightmare just keeps getting worse and worse.

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<v Speaker 1>I knew that I had been labeled to suspect, but

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<v Speaker 1>I never, in my wildest imagination thought that it would

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<v Speaker 1>evolve into an arrest. I'm not dressed except for with

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<v Speaker 1>a pair of cutoffs on. My children are in their pajamas,

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<v Speaker 1>and I asked the one detective, could I please go

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<v Speaker 1>dress my children and call somebody to take them well.

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<v Speaker 1>As I was changing their clothes, I turned to this

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<v Speaker 1>man who couldn't have been more than two to three

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<v Speaker 1>feet away from me, standing right in my face, and

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<v Speaker 1>I asked him. I said, detective Dote, why are you

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<v Speaker 1>doing this to me? Why are you doing this to

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<v Speaker 1>my children? You know that I didn't kill my wife.

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<v Speaker 1>And this police officer when I asked him that question,

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<v Speaker 1>he had the look of a wild man on his face,

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<v Speaker 1>and he almost, I don't know how to describe it.

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<v Speaker 1>His voice was almost venomous, and he says, man, fuck you,

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<v Speaker 1>fuck your children, and fuck that dead wife of yours.

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<v Speaker 1>I didn't ask that stupid bitch to die in my city.

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<v Speaker 1>And he goes on to say, he says, why should

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<v Speaker 1>I give a fuck about you or your children? Do

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<v Speaker 1>you care about me and my children? My job's on

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<v Speaker 1>the line, and he said, you have asked that I

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<v Speaker 1>be terminated in competence. Well, you know what, I don't

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<v Speaker 1>know who did it. Maybe I know you didn't do it,

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<v Speaker 1>but I can build the case against you, So you're it.

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<v Speaker 2>So you're you know, you go to trial, and well,

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<v Speaker 2>they withheld several critical pieces of evidence from the defense,

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<v Speaker 2>that which is called the Brady violation, which which would

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<v Speaker 2>have excluded you and would have led to you being

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<v Speaker 2>found innocent. Do you want to talk about that.

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<v Speaker 1>The trial from start to finish, nine days had passed,

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<v Speaker 1>and from the very beginning, the two district attorneys prosecuting

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<v Speaker 1>me told the jury that they were never going to

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<v Speaker 1>hear any direct evidence that tied me to this crime.

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<v Speaker 1>That basically what they were trying to convict me on

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<v Speaker 1>was a theory of how I did it and why

0:15:01.080 --> 0:15:05.120
<v Speaker 1>I did it, And what was going to be important

0:15:05.520 --> 0:15:09.920
<v Speaker 1>to the jury to find me guilty was that I

0:15:10.080 --> 0:15:15.920
<v Speaker 1>had no evidence to support my story that two black

0:15:15.960 --> 0:15:19.600
<v Speaker 1>men broke into my house that night, beat me unconscious,

0:15:19.920 --> 0:15:23.840
<v Speaker 1>hogtied me, and at some point in time killed my wife.

0:15:24.520 --> 0:15:26.480
<v Speaker 2>Right now, But the reason we know that you couldn't

0:15:26.480 --> 0:15:29.160
<v Speaker 2>provide any proof is because they were withholding the proof

0:15:29.280 --> 0:15:32.080
<v Speaker 2>that they had. They had the investigators. You didn't have investigators.

0:15:32.120 --> 0:15:34.720
<v Speaker 2>They had all the guys sweeping the house and doing

0:15:34.720 --> 0:15:36.040
<v Speaker 2>the whole thing exactly.

0:15:36.280 --> 0:15:41.160
<v Speaker 1>They were fingerprints found in several places throughout the house

0:15:41.840 --> 0:15:45.320
<v Speaker 1>that didn't belong to me, any of my family members,

0:15:45.400 --> 0:15:50.360
<v Speaker 1>any of our friends, anyone, any member of the investigative

0:15:50.440 --> 0:15:55.040
<v Speaker 1>team that had all been ruled out. And these fingerprints

0:15:55.080 --> 0:15:59.760
<v Speaker 1>found throughout the house belonged to someone, but we have

0:15:59.840 --> 0:16:01.360
<v Speaker 1>no idea who they belonged to.

0:16:01.520 --> 0:16:02.360
<v Speaker 2>But they didn't tell you that.

0:16:02.480 --> 0:16:06.960
<v Speaker 1>No, their fingerprint expert committed perjury on the stand when

0:16:06.960 --> 0:16:12.360
<v Speaker 1>he said absolutely no other fingerprints were found in the house.

0:16:12.440 --> 0:16:14.200
<v Speaker 2>Can we talk about the cab driver for a second,

0:16:14.240 --> 0:16:16.440
<v Speaker 2>because that's one to me, that's one that's always stuck

0:16:16.520 --> 0:16:18.400
<v Speaker 2>in my mind. It's really you.

0:16:18.280 --> 0:16:23.560
<v Speaker 1>Know, sometime after I was arrested, well, actually let's back

0:16:23.680 --> 0:16:28.920
<v Speaker 1>up to right after my wife's funeral, three days after

0:16:28.960 --> 0:16:33.960
<v Speaker 1>the murder, a taxi driver came forward to the Kent

0:16:34.040 --> 0:16:37.840
<v Speaker 1>of Police Department and he said, I think I may

0:16:37.920 --> 0:16:42.360
<v Speaker 1>have some testimony that would help you catch the people

0:16:42.400 --> 0:16:49.360
<v Speaker 1>who killed this lady, meaning my wife. And as the

0:16:49.400 --> 0:16:54.160
<v Speaker 1>story goes in his written deposition to the police, he

0:16:54.320 --> 0:16:57.720
<v Speaker 1>was dropping off affair in that neighborhood, which at that

0:16:57.920 --> 0:17:02.520
<v Speaker 1>time was exclusively white. There would have been no reason

0:17:02.600 --> 0:17:07.919
<v Speaker 1>whatsoever to have seen blacks in that particular neighborhood.

0:17:07.480 --> 0:17:08.919
<v Speaker 2>At least aboot three in the morning.

0:17:09.240 --> 0:17:11.720
<v Speaker 1>Yeah, least of all at three to four o'clock in

0:17:11.760 --> 0:17:14.800
<v Speaker 1>the morning. And he goes on to give in his

0:17:14.880 --> 0:17:20.280
<v Speaker 1>written deposition that as he was driving down this one street,

0:17:20.359 --> 0:17:25.840
<v Speaker 1>he saw two black men leaving the vicinity of the

0:17:25.840 --> 0:17:29.840
<v Speaker 1>front of my house carrying what would have fit the

0:17:29.840 --> 0:17:32.400
<v Speaker 1>description of some of the items I told police were

0:17:32.440 --> 0:17:35.960
<v Speaker 1>taken from my house. And he says that as his

0:17:36.160 --> 0:17:40.600
<v Speaker 1>lights shone on the two men, it appeared that they panicked.

0:17:41.400 --> 0:17:45.600
<v Speaker 1>They ran to a silver van that was waiting, and

0:17:45.640 --> 0:17:49.160
<v Speaker 1>they sped off in a reckless manner. And he found

0:17:49.240 --> 0:17:51.840
<v Speaker 1>that very unusual and thought it was important to bring

0:17:51.880 --> 0:17:55.879
<v Speaker 1>that testimony to the police, which he did.

0:17:56.119 --> 0:17:58.440
<v Speaker 2>As it was, But they, of course withheld that from

0:17:58.440 --> 0:17:59.840
<v Speaker 2>the defense illegally.

0:18:00.040 --> 0:18:02.800
<v Speaker 1>They withheld that and said that there was nobody had

0:18:02.800 --> 0:18:09.840
<v Speaker 1>ever seen anything regarding any black men in that neighborhood,

0:18:09.960 --> 0:18:13.159
<v Speaker 1>much less in the vicinity of my home. Now fast

0:18:13.200 --> 0:18:17.240
<v Speaker 1>forward another six to seven months. I'm at trial. This

0:18:18.760 --> 0:18:22.680
<v Speaker 1>good citizen is reading in the newspaper and hearing on

0:18:22.720 --> 0:18:26.560
<v Speaker 1>the TV that I'm undergoing a trial for the murder

0:18:26.560 --> 0:18:29.479
<v Speaker 1>of my wife. Well, he just doesn't understand, and at

0:18:29.480 --> 0:18:32.080
<v Speaker 1>this point he doesn't trust the police because he's already

0:18:32.119 --> 0:18:35.040
<v Speaker 1>gone to the police twice. So he shows up at

0:18:35.080 --> 0:18:38.679
<v Speaker 1>the courthouse somehow manages to talk to one of the

0:18:38.720 --> 0:18:42.880
<v Speaker 1>two or maybe perhaps both, of the district attorneys who

0:18:42.920 --> 0:18:46.400
<v Speaker 1>were trying the case, and he tells his story to them,

0:18:47.080 --> 0:18:51.960
<v Speaker 1>and they very nonchalantly brush him off and said, oh,

0:18:52.040 --> 0:18:58.359
<v Speaker 1>don't worry. We presented your written statement to mister Dolosa's attorney.

0:18:59.160 --> 0:19:05.120
<v Speaker 1>He reviewed, but in light of the overwhelming evidence against him,

0:19:05.680 --> 0:19:08.520
<v Speaker 1>he knows that your testimony wouldn't do any good, so

0:19:08.680 --> 0:19:11.320
<v Speaker 1>he decided not to call you as a witness, which

0:19:11.359 --> 0:19:14.119
<v Speaker 1>was a total lie. They hadn't given any of that

0:19:14.200 --> 0:19:18.560
<v Speaker 1>information to my attorney. And one of the biggest parts

0:19:18.600 --> 0:19:21.880
<v Speaker 1>of their case was over and over again they repeated

0:19:21.920 --> 0:19:27.600
<v Speaker 1>to the jury, no one repeat, no one saw anything

0:19:27.680 --> 0:19:32.680
<v Speaker 1>suspicious in that neighborhood that night, much less two black men.

0:19:33.080 --> 0:19:36.399
<v Speaker 1>And that's why you must find mister Dolosa guilty because

0:19:36.400 --> 0:19:37.119
<v Speaker 1>he was lying.

0:19:50.840 --> 0:19:54.160
<v Speaker 2>The jury comes back, they find you guilty and sends

0:19:54.160 --> 0:19:56.760
<v Speaker 2>you to life in prison. Now, the only thing that

0:19:56.800 --> 0:19:59.000
<v Speaker 2>can make it worse is they're going to send you

0:19:59.040 --> 0:20:03.320
<v Speaker 2>to what is arguably the worst prison in America in Louisiana,

0:20:03.320 --> 0:20:05.639
<v Speaker 2>which is this date, which has the highest prison population.

0:20:05.920 --> 0:20:09.840
<v Speaker 2>By far, Louisiana does have three times higher rate of

0:20:09.840 --> 0:20:12.199
<v Speaker 2>incarceration than the rest of the country per capita, and

0:20:12.200 --> 0:20:14.600
<v Speaker 2>of course America has a five times higher rate than

0:20:14.640 --> 0:20:17.480
<v Speaker 2>the rest of the world. So it's off the chain.

0:20:17.720 --> 0:20:20.879
<v Speaker 2>But now you're being sent to Angola prison farm, and

0:20:22.280 --> 0:20:23.640
<v Speaker 2>let's talk about that. Well.

0:20:24.880 --> 0:20:29.040
<v Speaker 1>Arriving at the Louisiana State Penitentiary, which they call Angola,

0:20:30.040 --> 0:20:33.360
<v Speaker 1>it was beyond culture shock. I didn't know what to expect.

0:20:33.400 --> 0:20:38.639
<v Speaker 1>I'd heard numerous rumors that scared the hell out of me.

0:20:40.119 --> 0:20:43.200
<v Speaker 1>But I arrived at Angola and one of the first

0:20:43.200 --> 0:20:48.480
<v Speaker 1>things that I guess was really strange was they put

0:20:48.480 --> 0:20:51.560
<v Speaker 1>you in an initial classification to decide where you're going

0:20:51.640 --> 0:20:56.400
<v Speaker 1>to be housed. And I'm going before these classification offices

0:20:57.600 --> 0:20:59.679
<v Speaker 1>and they decide that they're going to put me in

0:20:59.680 --> 0:21:04.800
<v Speaker 1>a work cell block for my protection rather than general population.

0:21:06.080 --> 0:21:08.520
<v Speaker 1>And then they make a statement that's pretty odd. They

0:21:08.560 --> 0:21:11.639
<v Speaker 1>said that they don't have a white cell available to

0:21:11.720 --> 0:21:15.840
<v Speaker 1>put me in, so I'd have to be sent to

0:21:16.760 --> 0:21:21.639
<v Speaker 1>a security cell while they prepare a white cell. And

0:21:21.680 --> 0:21:24.440
<v Speaker 1>I'm like, what the hell is a white cell. At

0:21:24.480 --> 0:21:29.080
<v Speaker 1>that time, they still believed in segregating the white and

0:21:29.119 --> 0:21:34.880
<v Speaker 1>black prisoners at Angola, they didn't mix white and blacks

0:21:34.880 --> 0:21:41.520
<v Speaker 1>in the same cell. But my very first night in Angola,

0:21:42.160 --> 0:21:45.800
<v Speaker 1>I'm in a disciplinary tier and I'm in a cell,

0:21:46.680 --> 0:21:52.600
<v Speaker 1>and there's someone down the tier in another cell acting up,

0:21:53.200 --> 0:21:56.439
<v Speaker 1>and at some point in time, he throws human waste

0:21:56.520 --> 0:22:00.680
<v Speaker 1>on a security guard, and I'm just like, scared shitless.

0:22:00.760 --> 0:22:05.679
<v Speaker 1>I don't know what's going on. Their guards would appear

0:22:05.720 --> 0:22:10.800
<v Speaker 1>to be swat uniforms and riot shields and everything coming

0:22:10.840 --> 0:22:15.399
<v Speaker 1>down the tier. They're dragging this person out by force.

0:22:15.560 --> 0:22:18.640
<v Speaker 1>They're beaten him, and I guess I'm curious. I'm sort

0:22:18.680 --> 0:22:22.520
<v Speaker 1>of looking, you know, I guess maybe I should have

0:22:22.600 --> 0:22:25.119
<v Speaker 1>known better than to try to look. When one of

0:22:25.160 --> 0:22:29.240
<v Speaker 1>the gods saw me looking, He's like, what the fuck

0:22:29.240 --> 0:22:32.240
<v Speaker 1>are you looking at? He turns around and sprayed me

0:22:32.359 --> 0:22:36.119
<v Speaker 1>with a pepper spray of mace for about twenty thirty

0:22:36.200 --> 0:22:39.919
<v Speaker 1>seconds wow. And the only thing I knew was my

0:22:40.280 --> 0:22:43.359
<v Speaker 1>lungs were burning, my face was burning, and it was

0:22:43.400 --> 0:22:46.080
<v Speaker 1>sort of like a welcomed Angola. That was my first

0:22:46.440 --> 0:22:47.800
<v Speaker 1>night in the penitentiary.

0:22:48.119 --> 0:22:51.920
<v Speaker 2>So and then things get even crazier. So you end

0:22:52.000 --> 0:22:55.240
<v Speaker 2>up working on a chain gang is that right.

0:22:55.320 --> 0:22:58.480
<v Speaker 1>I mean, I don't know that chain gang is a

0:22:58.480 --> 0:23:03.160
<v Speaker 1>little bit misleading because we're not actually linked by chains.

0:23:02.640 --> 0:23:05.000
<v Speaker 2>Right, But it's a term that applies.

0:23:04.600 --> 0:23:12.880
<v Speaker 1>To it's a group of inmates working under the supervision

0:23:13.080 --> 0:23:14.560
<v Speaker 1>of gun guards on.

0:23:14.520 --> 0:23:16.320
<v Speaker 2>Horses in the swamps.

0:23:17.080 --> 0:23:20.919
<v Speaker 1>It could be swamps, it could be anywhere on the farm.

0:23:21.640 --> 0:23:24.240
<v Speaker 2>Here's a clip where Burl camee the warden talks about

0:23:24.240 --> 0:23:26.920
<v Speaker 2>the infamous history of Louisiana State Penitentiary.

0:23:27.160 --> 0:23:29.520
<v Speaker 3>The work in the farm is critical, Angela. That's what

0:23:29.560 --> 0:23:32.320
<v Speaker 3>it is. It's a plantation prison. It was that way

0:23:32.440 --> 0:23:35.040
<v Speaker 3>throughout its entire history, so very important that we have

0:23:35.119 --> 0:23:38.000
<v Speaker 3>agriculture here on the farm that provides work for the inmate,

0:23:38.080 --> 0:23:40.240
<v Speaker 3>which you know is good for them because they have

0:23:40.320 --> 0:23:43.080
<v Speaker 3>something to do to use after energy and so forth.

0:23:43.400 --> 0:23:48.199
<v Speaker 1>It turned out that I was working in what they

0:23:48.240 --> 0:23:51.280
<v Speaker 1>called camp A Line twenty one under one of the

0:23:51.280 --> 0:23:59.679
<v Speaker 1>most vicious inhuman farm bosses that Angola had at the time,

0:24:00.720 --> 0:24:05.199
<v Speaker 1>and I found it difficult at my age and my

0:24:05.320 --> 0:24:08.920
<v Speaker 1>physical condition to keep up with the average man who

0:24:09.040 --> 0:24:12.880
<v Speaker 1>was only in their early twenties. And I'm thirty seven,

0:24:13.000 --> 0:24:16.280
<v Speaker 1>thirty eight years old at this time, in horrible shape,

0:24:16.920 --> 0:24:21.600
<v Speaker 1>but one of the things that this particular field foreman

0:24:22.480 --> 0:24:27.240
<v Speaker 1>used to enjoy doing to torment the people under his supervision.

0:24:28.560 --> 0:24:32.480
<v Speaker 1>He would put us, say on the levee cutting high

0:24:32.520 --> 0:24:36.080
<v Speaker 1>grass with what they called the ditchbank blade, which is

0:24:36.119 --> 0:24:39.760
<v Speaker 1>it's impossible to describe on air, but it's this huge,

0:24:39.840 --> 0:24:44.439
<v Speaker 1>heavy cutting blade. And what he would do is they

0:24:44.520 --> 0:24:48.600
<v Speaker 1>might have been close to one hundred men in the line.

0:24:48.680 --> 0:24:52.000
<v Speaker 1>He would put us up on the levee and they

0:24:52.040 --> 0:24:55.200
<v Speaker 1>would be two inmates with a water bucket, and he'd

0:24:55.240 --> 0:24:58.600
<v Speaker 1>tell the people with the water bucket, I want y'all

0:24:58.600 --> 0:25:02.760
<v Speaker 1>to move about a mile down on the road with

0:25:02.960 --> 0:25:06.920
<v Speaker 1>the gun guard supervising you. And he said, y'all keep

0:25:06.960 --> 0:25:11.080
<v Speaker 1>moving that water bucket and don't let anybody have water,

0:25:11.119 --> 0:25:16.000
<v Speaker 1>because it says until ten people pass out from the heat,

0:25:16.600 --> 0:25:20.119
<v Speaker 1>I'm not letting anybody drink water. And that was a

0:25:20.160 --> 0:25:23.840
<v Speaker 1>typical day working for this man mac Shaw, where he

0:25:23.880 --> 0:25:28.119
<v Speaker 1>would see people pass out fall out, as we'd say,

0:25:28.520 --> 0:25:33.480
<v Speaker 1>from heat stroke, heat exhaustion, from lack of water, and

0:25:33.640 --> 0:25:37.440
<v Speaker 1>once whatever number he arbitrarily determined he wanted to pass

0:25:37.480 --> 0:25:39.800
<v Speaker 1>out and be carried off in the back of a

0:25:39.880 --> 0:25:46.320
<v Speaker 1>truck for disciplinary purposes. Then he'd let everybody else have

0:25:46.400 --> 0:25:47.480
<v Speaker 1>a drink of water.

0:25:48.200 --> 0:25:51.440
<v Speaker 2>And then then things got really crazy because at one

0:25:51.520 --> 0:25:54.159
<v Speaker 2>point you were singled out.

0:25:54.400 --> 0:25:56.879
<v Speaker 1>It was at more than one point. I mean, it

0:25:57.000 --> 0:26:02.040
<v Speaker 1>seemed it was something that happened day after day every

0:26:02.040 --> 0:26:06.480
<v Speaker 1>time I'd go in the field. I never had the

0:26:06.560 --> 0:26:08.919
<v Speaker 1>distinction of being one of the people. I guess I

0:26:09.000 --> 0:26:12.520
<v Speaker 1>was fortunate enough that I could go without drinking water

0:26:12.600 --> 0:26:15.400
<v Speaker 1>longer than other people that I might not be one

0:26:15.400 --> 0:26:17.840
<v Speaker 1>of the first five to ten people to pass out

0:26:17.880 --> 0:26:23.080
<v Speaker 1>from heatstroke and lack of water. But I certainly wasn't

0:26:23.160 --> 0:26:26.439
<v Speaker 1>keeping up with the work quote according to this field forman,

0:26:26.960 --> 0:26:30.360
<v Speaker 1>and he would just almost every day that I went

0:26:30.400 --> 0:26:33.760
<v Speaker 1>to work, he would write me up on a disciplinary report,

0:26:34.400 --> 0:26:39.000
<v Speaker 1>lock me up in administrative segregation to be disciplined by

0:26:39.040 --> 0:26:43.200
<v Speaker 1>the disciplinary court. They would hear my case and say

0:26:43.359 --> 0:26:46.800
<v Speaker 1>it would say something like I flatly refused to work. Well,

0:26:46.840 --> 0:26:50.959
<v Speaker 1>I never ever flatly refused to work. I simply worked

0:26:51.720 --> 0:26:54.879
<v Speaker 1>until I couldn't work anymore, or I worked at the

0:26:54.960 --> 0:26:58.639
<v Speaker 1>fastest pace I was capable of. But the field foreman

0:26:59.400 --> 0:27:03.159
<v Speaker 1>never wrote the truth on a disciplinary report, and the

0:27:03.240 --> 0:27:07.760
<v Speaker 1>disciplinary board that helped court, they didn't they knew what

0:27:07.760 --> 0:27:10.879
<v Speaker 1>the truth was, but they would just continue to stack

0:27:11.000 --> 0:27:14.920
<v Speaker 1>punishment on you and I'd be sent back out to work.

0:27:15.880 --> 0:27:20.240
<v Speaker 2>It's it's just I don't I can't even I can't

0:27:20.280 --> 0:27:23.240
<v Speaker 2>find any words. The good news is you're a smart guy.

0:27:23.359 --> 0:27:27.400
<v Speaker 2>You're a guy of an educated guy, somebody who can

0:27:27.600 --> 0:27:31.119
<v Speaker 2>can really think for himself. So you get to the

0:27:31.119 --> 0:27:32.960
<v Speaker 2>point where you realize, if you're going to get out,

0:27:33.000 --> 0:27:34.479
<v Speaker 2>you're going to have to be the one to do it.

0:27:34.520 --> 0:27:35.760
<v Speaker 2>Is that Is that a fair statement?

0:27:36.000 --> 0:27:39.440
<v Speaker 1>That absolutely? And I would say that. I worked as

0:27:39.440 --> 0:27:42.480
<v Speaker 1>a clerk in an air conditioned office in the print

0:27:42.520 --> 0:27:46.520
<v Speaker 1>shop silk screen shop at Angola for a little bit

0:27:46.560 --> 0:27:50.720
<v Speaker 1>over a year, but I knew I my ultimate goal

0:27:50.840 --> 0:27:52.520
<v Speaker 1>was I want to get the hell out of prison.

0:27:53.400 --> 0:27:59.000
<v Speaker 1>And everybody that I associated with said, you know, you'd

0:27:59.040 --> 0:28:01.240
<v Speaker 1>probably be better off going to be what they call

0:28:01.320 --> 0:28:07.040
<v Speaker 1>an inmate council substitute or prison lawyer working in the

0:28:07.080 --> 0:28:12.600
<v Speaker 1>law library, and I finally decided I'd apply for that job.

0:28:13.400 --> 0:28:15.760
<v Speaker 1>I did end up with a job over there, and

0:28:16.040 --> 0:28:22.879
<v Speaker 1>over the next several years, I learned the law. I

0:28:22.920 --> 0:28:27.239
<v Speaker 1>think I became pretty proficient with it, and after I

0:28:27.280 --> 0:28:31.480
<v Speaker 1>had exhausted all of my appeals in state court. After

0:28:31.560 --> 0:28:34.159
<v Speaker 1>I had gone through hundreds of thousands of dollars on

0:28:35.480 --> 0:28:39.360
<v Speaker 1>about seven different lawyers who all promised to do something,

0:28:39.400 --> 0:28:43.040
<v Speaker 1>but no one followed through and did what I hired

0:28:43.120 --> 0:28:49.240
<v Speaker 1>him to do. I finally sat back, spent six months researching,

0:28:49.400 --> 0:28:52.880
<v Speaker 1>in another two to three months writing my own federal

0:28:52.880 --> 0:28:56.280
<v Speaker 1>writ one hundred percent on my own or with having

0:28:56.360 --> 0:29:04.000
<v Speaker 1>other inmate councils review it give me their critique. I

0:29:04.040 --> 0:29:08.200
<v Speaker 1>filed my rit of habeas corpus into the federal court

0:29:08.280 --> 0:29:12.720
<v Speaker 1>system on my own. I didn't know what my chances

0:29:12.720 --> 0:29:15.720
<v Speaker 1>were going to bed. I figured slim to none at best,

0:29:16.560 --> 0:29:21.280
<v Speaker 1>but I felt like, at this point in time, if

0:29:21.320 --> 0:29:24.240
<v Speaker 1>I'm denied, I'm going to be denied on my own terms,

0:29:24.720 --> 0:29:40.840
<v Speaker 1>and I'll have given it my best shot. Finally, one

0:29:40.920 --> 0:29:46.720
<v Speaker 1>day they call me for legal mail. So I get

0:29:46.800 --> 0:29:50.280
<v Speaker 1>up at like five o'clock in the morning go eat breakfast.

0:29:50.880 --> 0:29:54.360
<v Speaker 1>I went to the window where they pass out the

0:29:54.440 --> 0:29:57.640
<v Speaker 1>legal mail. They had me a little brown envelope and

0:29:57.720 --> 0:29:59.480
<v Speaker 1>I was scared shitless to open it.

0:29:59.560 --> 0:30:03.440
<v Speaker 2>I'm like, because if it's if it's the wrong answer,

0:30:03.600 --> 0:30:05.440
<v Speaker 2>you're done. This is your last appeal, right.

0:30:05.280 --> 0:30:07.720
<v Speaker 1>It's the wrong answer, I had a plan to escape

0:30:07.760 --> 0:30:11.720
<v Speaker 1>from Angola, and my escape from Mangola was I had

0:30:11.840 --> 0:30:17.520
<v Speaker 1>enough drugs in my possession hidden that probably within twenty

0:30:17.520 --> 0:30:20.040
<v Speaker 1>four hours, I was going to od and that's how

0:30:20.120 --> 0:30:21.840
<v Speaker 1>I was going to get out of prison. And that

0:30:21.920 --> 0:30:26.239
<v Speaker 1>had been something I had planned for months, anticipating a

0:30:26.240 --> 0:30:27.840
<v Speaker 1>negative response from the court.

0:30:27.960 --> 0:30:29.720
<v Speaker 2>So I'm getting the chills right now. So you've got

0:30:29.720 --> 0:30:34.040
<v Speaker 2>this envelope and it's gonna basically tell you whether you're

0:30:34.040 --> 0:30:35.760
<v Speaker 2>gonna live or die. At this point, you've been in

0:30:35.840 --> 0:30:37.560
<v Speaker 2>prison for fourteen years.

0:30:37.560 --> 0:30:41.480
<v Speaker 1>Fourteen years. It's been a long time, exactly. I'd put

0:30:41.560 --> 0:30:43.360
<v Speaker 1>up with as much as I felt like I could

0:30:43.400 --> 0:30:47.800
<v Speaker 1>live with. And I felt like my children were getting

0:30:47.880 --> 0:30:51.160
<v Speaker 1>up in age, and as much as I love them,

0:30:51.200 --> 0:30:53.280
<v Speaker 1>as much as I felt that they loved me, they

0:30:53.320 --> 0:30:56.720
<v Speaker 1>continue to visit me almost every opportunity that they got.

0:30:57.760 --> 0:31:02.240
<v Speaker 1>I felt I was doing them a disservice I having

0:31:02.280 --> 0:31:06.120
<v Speaker 1>them come to visit me in prison, by having them

0:31:06.200 --> 0:31:11.800
<v Speaker 1>try to explain to their friends in college, well, why

0:31:11.840 --> 0:31:14.520
<v Speaker 1>can't you hang out with us this weekend? Oh, because

0:31:14.520 --> 0:31:19.640
<v Speaker 1>I'm going to the penitentiary to see my dad. And

0:31:19.720 --> 0:31:23.200
<v Speaker 1>I think I probably was looking at it the wrong way,

0:31:23.920 --> 0:31:26.640
<v Speaker 1>and I know I would have heard them tremendously, but

0:31:26.720 --> 0:31:29.280
<v Speaker 1>I felt like the best thing for myself and for

0:31:29.400 --> 0:31:32.560
<v Speaker 1>my children in the long run was to take my life.

0:31:33.320 --> 0:31:36.000
<v Speaker 2>Fortunately it didn't come to that. Because you're sitting here now,

0:31:36.080 --> 0:31:39.760
<v Speaker 2>and so you've got this envelope, what do you do?

0:31:39.760 --> 0:31:40.400
<v Speaker 2>Do you open it?

0:31:40.560 --> 0:31:43.760
<v Speaker 1>I went to the law library where I worked, and

0:31:44.680 --> 0:31:47.240
<v Speaker 1>I locked it in the bottom cabinet. I'm like, I'm

0:31:47.280 --> 0:31:50.840
<v Speaker 1>the only person here this early in the morning. I

0:31:50.920 --> 0:31:53.560
<v Speaker 1>just need somebody else around me when I open this up.

0:31:54.600 --> 0:31:59.800
<v Speaker 1>So about half hour forty five minutes later, a couple

0:31:59.840 --> 0:32:02.680
<v Speaker 1>of my close friends at work in the law library

0:32:02.960 --> 0:32:06.960
<v Speaker 1>lived around me. They came in and I told then

0:32:07.160 --> 0:32:11.160
<v Speaker 1>my one friend, Mike Singletary, who was my closest friend

0:32:11.200 --> 0:32:14.320
<v Speaker 1>in the law library at that time. I said, Mike,

0:32:14.360 --> 0:32:17.600
<v Speaker 1>I got my decision from the Federal court. And he says, well,

0:32:17.640 --> 0:32:19.800
<v Speaker 1>what's it say? I said, I don't know, Mike, I

0:32:19.840 --> 0:32:22.960
<v Speaker 1>don't have the nerve to open it. And he says,

0:32:23.040 --> 0:32:25.800
<v Speaker 1>oh my god, he said, come on, give me that envelope.

0:32:25.840 --> 0:32:28.800
<v Speaker 1>I'll open it for you. So I said, I said yeah,

0:32:28.840 --> 0:32:30.840
<v Speaker 1>but I said he took it out of my hands

0:32:30.880 --> 0:32:33.160
<v Speaker 1>after I got it out of the cabinet. He opened

0:32:33.160 --> 0:32:34.560
<v Speaker 1>it and I said, now, let me read it, Mike,

0:32:34.600 --> 0:32:38.200
<v Speaker 1>don't so. I took a couple of big, deep breasts,

0:32:39.520 --> 0:32:41.960
<v Speaker 1>and I don't know how. My heart was probably beaten

0:32:42.000 --> 0:32:44.600
<v Speaker 1>two hundred beats a minute, and I was shaking.

0:32:45.000 --> 0:32:47.320
<v Speaker 2>And mine is right now, and I know the aser, and.

0:32:48.200 --> 0:32:54.400
<v Speaker 1>I opened the writ to the last page, and all

0:32:54.440 --> 0:32:59.040
<v Speaker 1>of a sudden, I just stopped shaking, and I guess

0:32:59.080 --> 0:33:02.280
<v Speaker 1>sort of a smile over my face, and for the

0:33:02.320 --> 0:33:07.719
<v Speaker 1>first time since my wife's funeral, I cried. I started

0:33:07.760 --> 0:33:13.360
<v Speaker 1>crying almost uncontrollably, when I read that the magistrate judge

0:33:14.280 --> 0:33:17.920
<v Speaker 1>recommended that my conviction be set aside and that I'll

0:33:17.920 --> 0:33:24.160
<v Speaker 1>be freed. I just, against all odds, I went up

0:33:24.160 --> 0:33:29.200
<v Speaker 1>against the most conservative federal magistrate in the Eastern District

0:33:29.240 --> 0:33:32.320
<v Speaker 1>for the State of Louisiana, who, according to what I

0:33:32.360 --> 0:33:38.040
<v Speaker 1>had been told, had never before granted a writ filed

0:33:38.040 --> 0:33:39.760
<v Speaker 1>by an inmate on their own. Behalf.

0:33:40.200 --> 0:33:46.280
<v Speaker 2>That's a happy ending to an incredibly terrible saga. And

0:33:46.360 --> 0:33:50.080
<v Speaker 2>you're back and I've gotten to know you. While Doug

0:33:50.240 --> 0:33:56.360
<v Speaker 2>is now working closely with the Rising Foundation in New Orleans,

0:33:56.680 --> 0:34:00.600
<v Speaker 2>helping other ax hooneries to rebuild their lives on the outside,

0:34:01.520 --> 0:34:05.000
<v Speaker 2>using the skills that he has to help them with

0:34:05.040 --> 0:34:08.840
<v Speaker 2>everything from you know, you name a job applications, to

0:34:09.120 --> 0:34:14.480
<v Speaker 2>tax problems, to building their houses to you know, fixing things,

0:34:15.400 --> 0:34:23.040
<v Speaker 2>getting employments. He's become a tremendous advocate for not only

0:34:23.080 --> 0:34:26.319
<v Speaker 2>the Innocence Project and innocence projects, although in your case

0:34:26.360 --> 0:34:31.560
<v Speaker 2>you represented yourself, but really somebody who has devoted himself

0:34:31.600 --> 0:34:36.400
<v Speaker 2>to helping others, which is quite an extraordinary thing. It

0:34:36.440 --> 0:34:40.640
<v Speaker 2>makes me really so proud to know you and to

0:34:40.680 --> 0:34:44.360
<v Speaker 2>be a part of your life. It's important to note

0:34:44.520 --> 0:34:48.399
<v Speaker 2>in all of this that the compensation that you were

0:34:48.880 --> 0:34:52.120
<v Speaker 2>given ultimately by the state was paltry, to say the least,

0:34:52.200 --> 0:34:53.759
<v Speaker 2>right because people ask me all the time, well, these

0:34:53.800 --> 0:34:56.160
<v Speaker 2>guys must get they must get millions of dollars when

0:34:56.200 --> 0:34:57.680
<v Speaker 2>they get out. I mean, after what you went through

0:34:57.719 --> 0:35:01.120
<v Speaker 2>fourteen years and a goal to prison and all this stuff,

0:35:01.320 --> 0:35:04.440
<v Speaker 2>almost being beaten to death, all the other indignities that

0:35:04.520 --> 0:35:08.360
<v Speaker 2>you suffered, and the fact that you were so egregiously framed.

0:35:08.880 --> 0:35:14.200
<v Speaker 1>The compensation in the state of Louisiana allows for twenty

0:35:14.200 --> 0:35:17.080
<v Speaker 1>five thousand dollars a year for a maximum of ten

0:35:17.200 --> 0:35:24.000
<v Speaker 1>years of incarceration. It's doled out at twenty five thousand

0:35:24.040 --> 0:35:28.760
<v Speaker 1>dollars a year over ten years, which gives a person

0:35:29.280 --> 0:35:32.040
<v Speaker 1>barely enough to exist on if you have a very

0:35:32.239 --> 0:35:37.759
<v Speaker 1>modest lifestyle for ten years. But the other thing, I mean,

0:35:38.480 --> 0:35:45.400
<v Speaker 1>in my case, it fell short one hundred and thirty

0:35:45.440 --> 0:35:51.319
<v Speaker 1>seven thousand dollars short of my actual expenses, So I

0:35:51.360 --> 0:35:53.640
<v Speaker 1>didn't even recoup what I spent.

0:35:54.239 --> 0:35:56.840
<v Speaker 2>Because you had actually spent the money on attorneys.

0:35:56.360 --> 0:35:57.520
<v Speaker 1>On my legal defense.

0:36:00.040 --> 0:36:02.319
<v Speaker 2>You basically paid ten thousand dollars a year to be

0:36:02.360 --> 0:36:04.279
<v Speaker 2>locked up for fourteen years, is what it comes down to.

0:36:04.400 --> 0:36:06.200
<v Speaker 1>That's about what it comes down to.

0:36:06.640 --> 0:36:08.680
<v Speaker 2>It's important to note that there are twenty states that

0:36:08.760 --> 0:36:11.040
<v Speaker 2>have no compensation statutes, and the ones that do have

0:36:11.120 --> 0:36:14.480
<v Speaker 2>compensation statutes, some of them are even worse than Louisiana,

0:36:14.560 --> 0:36:15.200
<v Speaker 2>like Wisconsin.

0:36:15.280 --> 0:36:18.600
<v Speaker 1>You know, people think that, oh, you were proven that

0:36:18.640 --> 0:36:23.480
<v Speaker 1>you were wrongfully convicted, you must have gotten millions. Well no,

0:36:23.719 --> 0:36:27.720
<v Speaker 1>I'm still struggle to this day. I was never able

0:36:27.800 --> 0:36:32.239
<v Speaker 1>to repay my children for selling their interest in their

0:36:32.280 --> 0:36:36.840
<v Speaker 1>family homes so I could hire that last attorney. And

0:36:36.880 --> 0:36:39.120
<v Speaker 1>it's just not right, not just for me, but for

0:36:39.360 --> 0:36:44.360
<v Speaker 1>all of the men in Louisiana and elsewhere too, and elsewhere.

0:36:44.480 --> 0:36:46.680
<v Speaker 2>According to the National Registry of his Hoonerations, there have

0:36:46.680 --> 0:36:49.719
<v Speaker 2>been forty six exonerations in Louisiana since nineteen eighty nine,

0:36:49.719 --> 0:36:52.279
<v Speaker 2>and the coarter them occurred in Jefferson County, the same

0:36:52.320 --> 0:36:55.800
<v Speaker 2>office that prosecuted you. The sad truth is that there's

0:36:56.480 --> 0:37:01.680
<v Speaker 2>probably hundreds, if not thousands of other DOUGDA in Louisiana alone.

0:37:01.719 --> 0:37:04.640
<v Speaker 2>It's certainly around the country, and I can tell you

0:37:04.680 --> 0:37:08.600
<v Speaker 2>that we won't stop until we exonerate as many of

0:37:08.640 --> 0:37:17.040
<v Speaker 2>them as we possibly can. People say to me, you

0:37:17.080 --> 0:37:18.799
<v Speaker 2>know my work at the Innstance Pride, They say what,

0:37:19.040 --> 0:37:21.640
<v Speaker 2>But prosecutors, they don't lie that. People don't understand likes.

0:37:22.120 --> 0:37:26.120
<v Speaker 2>It's unfortunately, it's common, which is why we asked Nina

0:37:26.160 --> 0:37:29.239
<v Speaker 2>Morrison to join us in the studio today. Welcome to

0:37:29.360 --> 0:37:31.600
<v Speaker 2>Ronful Conviction with Jason Flammer's good to have you here.

0:37:31.719 --> 0:37:32.839
<v Speaker 2>Thank you, good to be here.

0:37:33.160 --> 0:37:33.239
<v Speaker 4>So.

0:37:33.400 --> 0:37:36.280
<v Speaker 2>Nina is the senior staff attorney at the Innocence Project.

0:37:36.960 --> 0:37:40.800
<v Speaker 2>She litigates claims for access to post conviction DNA evidence

0:37:40.920 --> 0:37:44.839
<v Speaker 2>under both federal civil rights laws and state DNA testing statutes.

0:37:45.480 --> 0:37:48.160
<v Speaker 2>To date, Ms Morrison has served as lead or co

0:37:48.160 --> 0:37:51.440
<v Speaker 2>counsel for more than twenty innocent prisoners who are freed

0:37:51.480 --> 0:37:55.279
<v Speaker 2>from prison or even death row based on DNA or

0:37:55.320 --> 0:37:58.600
<v Speaker 2>other newly discovered evidence. So, can you explain to us

0:37:58.719 --> 0:38:01.360
<v Speaker 2>what exactly is a Brady violation? We talk about it

0:38:01.400 --> 0:38:04.600
<v Speaker 2>a lot on the show. Yeah, So, a Brady violation is.

0:38:06.360 --> 0:38:10.880
<v Speaker 4>Where a prosecutor doesn't give the defense evidence that either

0:38:10.920 --> 0:38:14.319
<v Speaker 4>the prosecutor or the police or some other agent of

0:38:14.360 --> 0:38:18.120
<v Speaker 4>the state like a crime lab has that is favorable

0:38:18.160 --> 0:38:21.120
<v Speaker 4>to the defendant's case. Sometimes it's proof of their innocence,

0:38:22.280 --> 0:38:24.560
<v Speaker 4>you know, another suspect who is seen in the area,

0:38:24.800 --> 0:38:28.400
<v Speaker 4>somebody else who admitted to the crime. Sometimes it's evidence

0:38:28.560 --> 0:38:31.360
<v Speaker 4>that shows that a witness, you know, who claimed to

0:38:31.400 --> 0:38:34.319
<v Speaker 4>be an eyewitness, was you know, high out of their

0:38:34.360 --> 0:38:37.840
<v Speaker 4>minds that night according to five other people, or couldn't

0:38:37.840 --> 0:38:39.359
<v Speaker 4>have seen what they said they said. There's a whole

0:38:39.440 --> 0:38:41.920
<v Speaker 4>array of stuff. It's basically anything that helps the defense.

0:38:42.400 --> 0:38:44.560
<v Speaker 4>And it's a strange system when you think about it,

0:38:44.640 --> 0:38:47.680
<v Speaker 4>because you know, prosecutors and defense lawyers go into court,

0:38:47.680 --> 0:38:50.239
<v Speaker 4>they're fighting hard in these big murder cases or rape

0:38:50.280 --> 0:38:54.399
<v Speaker 4>cases or other hard fought criminal trials, and The way

0:38:54.480 --> 0:38:56.600
<v Speaker 4>the law is set up is the prosecutor has to

0:38:56.680 --> 0:39:01.200
<v Speaker 4>give the other side something voluntarily that might make them lose,

0:39:01.280 --> 0:39:03.919
<v Speaker 4>and we trust them in most places to turn it over,

0:39:04.040 --> 0:39:06.879
<v Speaker 4>so they say, I'm fulfilling my Brady obligations, and there's

0:39:06.920 --> 0:39:09.839
<v Speaker 4>no check on it until after the case is over,

0:39:09.880 --> 0:39:11.520
<v Speaker 4>and sometimes not even then until.

0:39:11.320 --> 0:39:15.040
<v Speaker 2>It's literally too late. And this leaves a very wide

0:39:16.280 --> 0:39:19.719
<v Speaker 2>lane open for the bad actors in the system, the

0:39:19.760 --> 0:39:22.880
<v Speaker 2>bad prosecutors to do what they feel like on a

0:39:22.880 --> 0:39:27.680
<v Speaker 2>given day, and to really railroad people who are just

0:39:27.800 --> 0:39:30.400
<v Speaker 2>regular people like you and I who get find themselves

0:39:30.440 --> 0:39:32.759
<v Speaker 2>stuck in this nightmare, people like Doug Delosa.

0:39:32.880 --> 0:39:35.440
<v Speaker 4>Yeah so, and there's even worse news in terms of

0:39:35.440 --> 0:39:38.480
<v Speaker 4>how it gets dealt with after the trial, because if

0:39:38.520 --> 0:39:41.960
<v Speaker 4>you discover that a prosecutor in your case withheld Brady

0:39:42.000 --> 0:39:46.680
<v Speaker 4>material something favorable to you, your conviction doesn't automatically get reversed.

0:39:47.080 --> 0:39:50.799
<v Speaker 4>You then, according to US Supreme Court case law, have

0:39:50.920 --> 0:39:54.520
<v Speaker 4>to show an appeals court that the violation is what

0:39:54.640 --> 0:39:57.840
<v Speaker 4>the courts call material, which means it actually made a difference.

0:39:58.160 --> 0:40:00.760
<v Speaker 4>So you basically have to come in after the fact

0:40:00.760 --> 0:40:03.319
<v Speaker 4>when a jury never heard this information. A witness was

0:40:03.320 --> 0:40:06.000
<v Speaker 4>never cross examined on it, and say, you know, Judge,

0:40:06.040 --> 0:40:08.759
<v Speaker 4>if I'd had this, I would have argued this. I

0:40:08.800 --> 0:40:11.400
<v Speaker 4>would have said that the jury wouldn't have believed this person.

0:40:11.440 --> 0:40:14.040
<v Speaker 4>And here's why you have to kind of have a

0:40:14.239 --> 0:40:17.880
<v Speaker 4>mental do over, a hypothetical duover of the trial. And

0:40:17.920 --> 0:40:20.840
<v Speaker 4>if they say, eh, you know, it made a difference, maybe,

0:40:20.880 --> 0:40:23.399
<v Speaker 4>but we don't know, it might not necessarily have made

0:40:23.400 --> 0:40:26.800
<v Speaker 4>a difference in the outcome. So it's what's called harmless error.

0:40:27.280 --> 0:40:29.480
<v Speaker 2>So, Nina, I wanted to ask you how common are

0:40:29.520 --> 0:40:30.680
<v Speaker 2>these Brady violations.

0:40:31.400 --> 0:40:34.319
<v Speaker 4>You know, we don't know because by definition many of

0:40:34.360 --> 0:40:36.799
<v Speaker 4>them are hidden. We know that we have seen them

0:40:36.840 --> 0:40:41.359
<v Speaker 4>in a very significant proportion of our cases. You know,

0:40:41.440 --> 0:40:44.280
<v Speaker 4>there's at least fifteen featured cases on the Innocence Project

0:40:44.280 --> 0:40:48.120
<v Speaker 4>website just from the last few years that involve serious

0:40:48.120 --> 0:40:51.440
<v Speaker 4>Brady violations which we uncover in the course of investigating

0:40:51.440 --> 0:40:55.920
<v Speaker 4>a client's other claim of innocence. And there is no

0:40:56.040 --> 0:40:58.440
<v Speaker 4>scientific way to study them because by definition, there are

0:40:58.440 --> 0:41:00.200
<v Speaker 4>things that haven't been turned over. It's sort of like

0:41:00.200 --> 0:41:03.920
<v Speaker 4>everyone we find is in some ways by chance. You

0:41:03.960 --> 0:41:05.560
<v Speaker 4>don't have a right to get a lot of files

0:41:05.600 --> 0:41:08.560
<v Speaker 4>after somebody has been convicted. Things get destroyed. I wake

0:41:08.640 --> 0:41:11.360
<v Speaker 4>up at night sometimes worrying about you know, these days,

0:41:11.400 --> 0:41:14.399
<v Speaker 4>when almost everything is electronic, we don't have the piece

0:41:14.440 --> 0:41:16.400
<v Speaker 4>of paper in the file anymore the way we used

0:41:16.440 --> 0:41:18.440
<v Speaker 4>to in the cases from the eighties and early nineties.

0:41:18.480 --> 0:41:21.840
<v Speaker 4>Now it's all in a memo on somebody's computer and

0:41:21.840 --> 0:41:23.960
<v Speaker 4>they hit delete, or that person leaves the office and

0:41:23.960 --> 0:41:26.680
<v Speaker 4>it's gone. It's in an email, it's in a voicemail,

0:41:26.680 --> 0:41:28.120
<v Speaker 4>it's in a text from a witness.

0:41:28.120 --> 0:41:31.600
<v Speaker 2>It's you know, you know, it's really a level of

0:41:31.719 --> 0:41:36.400
<v Speaker 2>evil that, in this particular case, I don't know what

0:41:36.440 --> 0:41:40.520
<v Speaker 2>else to call it. The prosecutor is just evil.

0:41:40.600 --> 0:41:42.640
<v Speaker 4>And you know, I know, Barry check in one of

0:41:42.640 --> 0:41:45.480
<v Speaker 4>your other episodes when you had Barry Gibbson, was talking

0:41:45.520 --> 0:41:48.120
<v Speaker 4>about this concept of noble cause corruption, which I think

0:41:48.200 --> 0:41:50.040
<v Speaker 4>is a very real phenomenon. You know, I don't think

0:41:50.080 --> 0:41:54.000
<v Speaker 4>even the prosecutors that we've caught red handed withholding evidence.

0:41:56.200 --> 0:41:59.760
<v Speaker 4>I think most, if not all of them honestly believed

0:41:59.800 --> 0:42:02.040
<v Speaker 4>that they were doing it for a higher purpose, which

0:42:02.080 --> 0:42:04.560
<v Speaker 4>is they had a killer sitting in the courtroom who

0:42:04.600 --> 0:42:06.520
<v Speaker 4>was going to get away with murder if they didn't

0:42:06.760 --> 0:42:10.160
<v Speaker 4>win their case, and so they convinced themselves that whatever

0:42:10.200 --> 0:42:13.279
<v Speaker 4>they were holding back was not really proof of innocence.

0:42:13.480 --> 0:42:16.480
<v Speaker 4>It was something the defense would use to create a

0:42:16.520 --> 0:42:20.120
<v Speaker 4>smoke screen, right. But the laws of the law, you

0:42:20.120 --> 0:42:22.279
<v Speaker 4>have a job as an officer of the court to

0:42:22.360 --> 0:42:24.799
<v Speaker 4>follow the law and turn it over. And now we

0:42:24.920 --> 0:42:27.880
<v Speaker 4>know that many of those people were actually innocent, so

0:42:27.920 --> 0:42:31.680
<v Speaker 4>we see what the real harm is from that skirting

0:42:31.680 --> 0:42:33.040
<v Speaker 4>the ethical line.

0:42:33.600 --> 0:42:38.880
<v Speaker 2>So that brings us to the sort of the practical

0:42:38.960 --> 0:42:41.600
<v Speaker 2>question of what can be done.

0:42:41.840 --> 0:42:44.080
<v Speaker 4>We had the Innocence Project are working on a couple

0:42:44.120 --> 0:42:47.960
<v Speaker 4>of things to police things before trial happened. So one

0:42:48.000 --> 0:42:49.719
<v Speaker 4>of the things we are trying to do is get

0:42:49.800 --> 0:42:54.200
<v Speaker 4>judges to take a more active role in ensuring that

0:42:54.239 --> 0:42:59.279
<v Speaker 4>Brady's guarantee is a real one by putting prosecutors on

0:42:59.320 --> 0:43:03.279
<v Speaker 4>the record issuing court orders to say, I want you

0:43:03.360 --> 0:43:06.000
<v Speaker 4>to check these five locations to see if there's anything

0:43:06.040 --> 0:43:08.520
<v Speaker 4>favorable to the defense, and I'm going to have a

0:43:08.560 --> 0:43:12.080
<v Speaker 4>conference a month before the trial to see how it's going.

0:43:12.160 --> 0:43:13.839
<v Speaker 4>What have you turned over, what are you looking for?

0:43:13.920 --> 0:43:16.400
<v Speaker 4>And at that point the defense lawyer will have an

0:43:16.400 --> 0:43:19.440
<v Speaker 4>opportunity to speak up and say I haven't gotten anything

0:43:19.440 --> 0:43:21.719
<v Speaker 4>on the witness statements. I don't know who what these

0:43:21.719 --> 0:43:24.880
<v Speaker 4>witness statements are. And our theory is, you know, for example,

0:43:24.920 --> 0:43:27.480
<v Speaker 4>two black men came in and did this crime. Are

0:43:27.520 --> 0:43:31.440
<v Speaker 4>there any reports of suspicious African Americans in the area,

0:43:31.520 --> 0:43:33.160
<v Speaker 4>whether you think they did it or not? You know,

0:43:33.200 --> 0:43:36.600
<v Speaker 4>is there anything we should investigate? And the reason why

0:43:36.640 --> 0:43:38.719
<v Speaker 4>you want to have the judges be policing it is

0:43:38.760 --> 0:43:41.279
<v Speaker 4>that if you lie to a judge, you can get

0:43:41.360 --> 0:43:44.360
<v Speaker 4>charged with contemptive court and lose your law license and

0:43:44.440 --> 0:43:46.880
<v Speaker 4>even go to jail. And on the back end, we

0:43:47.000 --> 0:43:50.400
<v Speaker 4>need to take accountability seriously, you know, we need to

0:43:50.480 --> 0:43:55.560
<v Speaker 4>make sure that the state bars have a culture where

0:43:55.600 --> 0:43:58.640
<v Speaker 4>they can go after just as say what a lawyer

0:43:58.680 --> 0:44:02.160
<v Speaker 4>who doesn't give a client all their money back or

0:44:02.600 --> 0:44:04.680
<v Speaker 4>didn't do the job they were hired to do in

0:44:04.719 --> 0:44:07.040
<v Speaker 4>a trust and a states case or a civil case,

0:44:07.080 --> 0:44:10.000
<v Speaker 4>that they will go after the prosecutors who break the law,

0:44:10.600 --> 0:44:13.720
<v Speaker 4>even if it's not politically easy to do. And then lastly,

0:44:14.320 --> 0:44:17.080
<v Speaker 4>you know, it is very hard, as you know, and

0:44:17.120 --> 0:44:19.560
<v Speaker 4>you've talked about on your show, for prosecutors to ever

0:44:19.600 --> 0:44:24.880
<v Speaker 4>be sued civilly and even for states or counties to

0:44:24.920 --> 0:44:29.640
<v Speaker 4>be held liable for the misconduct of prosecutors. Prosecutors are

0:44:29.760 --> 0:44:33.000
<v Speaker 4>what's called immune from suit in all but a few

0:44:33.080 --> 0:44:34.040
<v Speaker 4>very rare cases.

0:44:34.120 --> 0:44:37.280
<v Speaker 2>And so if a prosecutor.

0:44:36.640 --> 0:44:39.200
<v Speaker 4>Knows of some favorable evidence and doesn't turn it over,

0:44:39.400 --> 0:44:41.400
<v Speaker 4>the court Supreme Court has said, well, you can go

0:44:41.440 --> 0:44:44.200
<v Speaker 4>after them on bar discipline, or you can maybe criminally

0:44:44.239 --> 0:44:49.799
<v Speaker 4>prosecute them. Talk about Fox and Penhouse, right, but you

0:44:49.840 --> 0:44:53.080
<v Speaker 4>can't see them unless there's a pattern and practice of violations,

0:44:53.120 --> 0:44:54.239
<v Speaker 4>and those are very hard to prove.

0:44:54.600 --> 0:44:59.200
<v Speaker 2>And criminal prosecutions of prosecutors are extremely difficult. Not least

0:44:59.200 --> 0:45:03.120
<v Speaker 2>it was because proctters generally don't like prosecuting prosecutors.

0:45:02.520 --> 0:45:04.879
<v Speaker 4>Correct, and they will air I mean, you know, they

0:45:04.920 --> 0:45:07.440
<v Speaker 4>will give every benefit of the doubt. Oh they missed it,

0:45:07.520 --> 0:45:09.840
<v Speaker 4>they were busy, they thought they turned it over, they

0:45:09.920 --> 0:45:12.759
<v Speaker 4>put it in the wrong notebook, you know, yes they did.

0:45:12.840 --> 0:45:14.640
<v Speaker 4>The defense layer says they didn't have it, but we

0:45:14.680 --> 0:45:17.319
<v Speaker 4>think they did. I mean, you know, and look, our

0:45:17.360 --> 0:45:19.200
<v Speaker 4>clients should have been so lucky to get the benefit

0:45:19.239 --> 0:45:21.400
<v Speaker 4>of every doubt when they were being accused of a crime.

0:45:21.800 --> 0:45:24.239
<v Speaker 2>Thank you so much for being on Wrongful Conviction with

0:45:24.320 --> 0:45:28.440
<v Speaker 2>Jason Flumm And it was great it's great to have

0:45:28.480 --> 0:45:28.719
<v Speaker 2>you here.

0:45:28.760 --> 0:45:30.160
<v Speaker 4>Thanks so much, it's great to be here.

0:45:35.880 --> 0:45:38.520
<v Speaker 2>Don't forget to give us a fantastic review wherever you

0:45:38.560 --> 0:45:42.240
<v Speaker 2>get your podcasts. It really helps. And I'm a proud

0:45:42.280 --> 0:45:44.839
<v Speaker 2>donor to the Ennocence Project and I really hope you'll

0:45:44.920 --> 0:45:48.320
<v Speaker 2>join me in supporting this very important cause and helping

0:45:48.440 --> 0:45:52.000
<v Speaker 2>to prevent future wrongful convictions. Go to Innocence Project dot

0:45:52.080 --> 0:45:55.160
<v Speaker 2>org to learn how to donate and get involved. I'd

0:45:55.200 --> 0:45:58.280
<v Speaker 2>like to thank our production team, Connor Hall and Kevin Wartis.

0:45:58.600 --> 0:46:00.880
<v Speaker 2>The music in the show is by three time OSCAR

0:46:00.920 --> 0:46:03.960
<v Speaker 2>nominated composer Jay Ralph. Be sure to follow us on

0:46:04.000 --> 0:46:08.800
<v Speaker 2>Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast.

0:46:09.160 --> 0:46:12.200
<v Speaker 2>Wrongful Conviction with Jason Flamm is a production of Lava

0:46:12.239 --> 0:46:15.799
<v Speaker 2>for Good Podcasts and association with Signal Company Number one