WEBVTT - #258 Maggie Freleng with Melvin Ortiz

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<v Speaker 1>So, Jason, I wanted to ask you about relationships in prison,

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<v Speaker 1>like intimate relationships. I'm always so surprised when people are

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<v Speaker 1>able to have an intimate romantic relationship and keep it

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<v Speaker 1>for decades. Is that something that surprised you.

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<v Speaker 2>Yeah, I'd be surprised if I wasn't surprised. You know,

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<v Speaker 2>it's it's a remarkable testament, I think, to the people

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<v Speaker 2>on both ends of that equation, right, you know, and

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<v Speaker 2>of course you know, anyone who's ever been in a

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<v Speaker 2>long distance relationship probably knows how that can be tricky. Right,

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<v Speaker 2>But you're always and now.

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<v Speaker 1>You have people in your business all the time.

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<v Speaker 2>It's the opposite of spontaneous and romantic, right, and yet

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<v Speaker 2>true love finds away.

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<v Speaker 3>When I saw it with that resentencing, he would only

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<v Speaker 3>have fourteen years left, Maggie, I saw it to myself, well,

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<v Speaker 3>I can wait fourteen years for him. That's what my

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<v Speaker 3>gut on my heart was telling me.

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<v Speaker 1>From Lava for Good. I'm Maggie Freeling, and this is

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<v Speaker 1>wrongful conviction with Maggie Freeling today, Melvin Ortiz. On the

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<v Speaker 1>evening of December twenty third, nineteen ninety seven, two masked

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<v Speaker 1>gunmen walked into Effie's Pizza Village in Reading, Pennsylvania to

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<v Speaker 1>try and rob it, but things went awry and the

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<v Speaker 1>restaurant's beloved owner, George Klausser, wound up dead.

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<v Speaker 4>The family says that the response of the neighbors has

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<v Speaker 4>been overwhelming, proving how much the young shop owner meant

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<v Speaker 4>to the community that meant so much to him, and

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<v Speaker 4>the family says that the pain is made even harder

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<v Speaker 4>to bear because the men who killed twenty nine year

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<v Speaker 4>old George Klausser are still out there.

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<v Speaker 1>About a month later, the police placed a ten ten

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<v Speaker 1>thousand dollars reward in the local paper to find those gunmen.

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<v Speaker 1>A man came forward saying that seventeen year old Melvin

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<v Speaker 1>Ortiz told him that he killed George Klausser. The man's

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<v Speaker 1>girlfriend said she witnessed this confession. Melvin was swiftly arrested.

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<v Speaker 1>He was charged with second degree murder, robbery, aggravated assault,

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<v Speaker 1>reckless endangerment, possession of an instrument of a crime, and

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<v Speaker 1>attempted theft by unlawful taking.

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<v Speaker 4>Neighbors on Ortiz's block were just as shocked.

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<v Speaker 5>He's a very nice person and we didn't think he

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<v Speaker 5>would do something like that.

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<v Speaker 1>On June fifteenth, nineteen ninety nine, after a highly publicized trial,

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<v Speaker 1>a jury convicted Melvin Ortiz of second degree murder and

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<v Speaker 1>sentenced him to life without parole. However, Melvin had a

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<v Speaker 1>solid alibi nineteen. Witnesses said he was at a birthday

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<v Speaker 1>party and the man who claimed Melvin confessed to him

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<v Speaker 1>had a much more sordid history than the prosecution and

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<v Speaker 1>police presented.

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<v Speaker 5>Like all this just came out years later after.

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<v Speaker 6>I'm in calceration, like he was getting away with it

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<v Speaker 6>because you know, he's working with the police stuff like that.

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<v Speaker 6>They've made a lot of effort and put a lot

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<v Speaker 6>of energy and effort into covering.

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<v Speaker 5>Up for him. My name is Melvin Ortiz.

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<v Speaker 7>I've been carcerated for twenty four years for crime I

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<v Speaker 7>did not commit.

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<v Speaker 5>I am innocent.

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<v Speaker 1>Melvin Ortiz was born on January fifth, nineteen eighty to

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<v Speaker 1>Maria and Juan Ortiz.

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<v Speaker 5>You know, I was born in Puerto Rico and No Macoal,

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<v Speaker 5>Puerto Rico.

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<v Speaker 1>He's the youngest of three brothers who loved to rough

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<v Speaker 1>house and wrestle. When he was a kid, Melvin dreamed

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<v Speaker 1>of being a boxer. Melvin's parents brought their kids to

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<v Speaker 1>church every Sunday and taught their sons right from wrong

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<v Speaker 1>at family dinners. Mom's cooking was a favorite. When Melvin

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<v Speaker 1>was five, the family moved from Puerto Rico to New

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<v Speaker 1>York in search of a better life.

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<v Speaker 6>Well, having language burials has been hard on them. To

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<v Speaker 6>get a good job and stuff like that.

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<v Speaker 7>So you know, they did pretty much what they could,

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<v Speaker 7>you know, to raise us, raise us right, and you know,

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<v Speaker 7>to me and my did a fantastic job doing that.

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<v Speaker 1>Their first home was in the Bronx, New York. Melvin

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<v Speaker 1>remembers this as an exciting time and.

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<v Speaker 6>Singing snow for the first time, so it was fun.

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<v Speaker 6>And then you know that whole experience, which is you know,

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<v Speaker 6>as a child was great.

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<v Speaker 1>So how old were you when you moved to Reading, Pennsylvania.

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<v Speaker 5>I was about I was very young.

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<v Speaker 6>Was probably about the third grade, you know, I think

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<v Speaker 6>we said like nine years old something like that.

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<v Speaker 1>Melvin's parents said they moved to Reading because Redding had

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<v Speaker 1>a large welfare program that assisted poor families like theirs.

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<v Speaker 1>Reading Pennsylvania was quite different from the Bronx. They moved

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<v Speaker 1>from a borough with one point two million people to

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<v Speaker 1>a city with around seventy five thousand. If you look

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<v Speaker 1>at Reading on a map, it's between two bigger cities,

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<v Speaker 1>Pennsylvania state capital, Harrisburg and Philadelphia, and there's a lot

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<v Speaker 1>of farmland in between. Reading was once a major transportation

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<v Speaker 1>hub on the Reading Railroad. Yes, that Reading Railroad from monopoly,

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<v Speaker 1>but after the decline of heavy industry and the railroads

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<v Speaker 1>which helped Reading prosper, the city was on a decline.

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<v Speaker 1>The population, which reached nearly one hundred and twenty three

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<v Speaker 1>i was in at its peak in the nineteen thirties,

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<v Speaker 1>had dropped in half by the eighties, and its economy crumbled.

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<v Speaker 1>By twenty eleven, Reading, Pennsylvania was dubbed the poorest city

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<v Speaker 1>in America, with forty one percent of the city living

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<v Speaker 1>in poverty. Around the time Melvin's family moved to Reading

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<v Speaker 1>in the early nineties, other Latino families were also moving in. Today,

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<v Speaker 1>sixty one percent of the population identifies as Hispanic or Latino,

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<v Speaker 1>but back in the eighties and nineties, Latinos were still

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<v Speaker 1>a minority in Reading, and Melvin says that was scary.

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<v Speaker 6>There was a park I forgot what the name was,

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<v Speaker 6>but we often used to go there to jump in

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<v Speaker 6>the river and swim and stuff like that. So there

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<v Speaker 6>was like a water plant right next to it. So

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<v Speaker 6>a few times we went behind.

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<v Speaker 8>The water plant and we discovered that there was marking

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<v Speaker 8>of the circle with the cross like the KKK things

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<v Speaker 8>that used to go on and up the street where

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<v Speaker 8>we used to live, like two blocks up.

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<v Speaker 5>There was like a Chapter day.

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<v Speaker 6>So yeah, like you see the Confederate flag and stuff

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<v Speaker 6>like that, So definitely that.

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<v Speaker 5>Was there at that time. You know, I personally experienced

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<v Speaker 5>been called a three times in.

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<v Speaker 6>My life down there were all living down there, so

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<v Speaker 6>seeing those type of things that just make you see

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<v Speaker 6>things a little bit different than than other people, especially

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<v Speaker 6>with the police and stuff like that.

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<v Speaker 1>Melvin wasn't a stranger to the police. In nineteen ninety four,

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<v Speaker 1>when Melvin was fourteen, he was arrested for receiving stolen property,

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<v Speaker 1>although his parents tried to raise their boys right. Local

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<v Speaker 1>residents described Writing as a city that sucks you in

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<v Speaker 1>into its system and into its crime. Other robberies had

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<v Speaker 1>plagued the city in the weeks before the homicide at

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<v Speaker 1>Evie's Pizza. In fact, Evie's Pizza was also robbed just

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<v Speaker 1>twelve days before the night of the homicide.

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<v Speaker 5>I really didn't feel comfortable in reading out. It feel

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<v Speaker 5>like there was pretty much a future day.

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<v Speaker 1>But Melvin's dad did believe in a future for his son.

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<v Speaker 1>He found a job Core program that would help Melvin

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<v Speaker 1>train for a trade like mechanics or electronics.

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<v Speaker 6>When I got there, what caught my interest was like

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<v Speaker 6>plumbing because it dealt a little bit with everything. So

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<v Speaker 6>you know, I've seen the things that they build, and

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<v Speaker 6>it was it was it just seemed real cool.

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<v Speaker 1>The school was about two hours away in Red Rock, Pennsylvania,

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<v Speaker 1>and Melvin didn't have his own car, so he and

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<v Speaker 1>his brother would take the bus and stay at a

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<v Speaker 1>dorm during the week.

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<v Speaker 5>And you know, I just felt good about it, you

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<v Speaker 5>know what I mean.

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<v Speaker 6>I felt like I see myself, you know, doing good,

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<v Speaker 6>doing good in life, and just you know, I felt

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<v Speaker 6>like I was on my ticket out at a reading

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<v Speaker 6>and to be away from.

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<v Speaker 5>All the stuff that was just going on there.

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<v Speaker 1>Melvin loved the job Corpse school. He loved meeting new people,

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<v Speaker 1>and he made good friends in the dorm across the hall.

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<v Speaker 1>He envisioned himself graduating from the program surrounded by the

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<v Speaker 1>same love camaraderie and encouragement that he witnessed at one

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<v Speaker 1>of the graduations, but mostly he saw himself making his

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<v Speaker 1>parents proud. In the winter of nineteen ninety seven, Melvin

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<v Speaker 1>came home to spend Christmas with his family. He was

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<v Speaker 1>feeling great about life. Things were going smoothly, but on

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<v Speaker 1>December twenty third, Melvin's life would change forever.

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<v Speaker 6>That morning, I went downtown with my sister in law

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<v Speaker 6>and hey, that's when I meant That's when I bumped

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<v Speaker 6>into Isaac.

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<v Speaker 1>Isaac Figueroa was a close friend of Melvin and his brothers.

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<v Speaker 6>So Isi told me he was like, said Watson's birthday

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<v Speaker 6>party tonight, and he gave me invitation. I said, sure,

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<v Speaker 6>you know you're gonna have to pick me up, So

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<v Speaker 6>he picked me up between six and six thirty.

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<v Speaker 1>At the birthday party, there was no drinking or smoking

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<v Speaker 1>aloud inside, so Melvin and his brother spent most of

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<v Speaker 1>the night outside the door to the apartment, letting people

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<v Speaker 1>in and out and talking with people through the window lasterday.

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<v Speaker 5>Throughout the whole night, TI like.

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<v Speaker 1>N That's when Isaac took Melvin home. Melvin had just

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<v Speaker 1>spilled a drink on his pants and wanted to hurry

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<v Speaker 1>up and change so he could get back to the party.

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<v Speaker 1>He had been crushing on a girl there named Tracy,

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<v Speaker 1>and he wanted to flirt with her, so he raced home.

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<v Speaker 1>Quickly pulled off his khaki pants, threw on a pair

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<v Speaker 1>of black ones, and headed back with Isaac. Around eleven PM,

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<v Speaker 1>Melvin's longtime friend Cynthia Jacques called him a murder had

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<v Speaker 1>happened at Effie's, just a block away from her house.

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<v Speaker 1>She was terrified and asked Melvin to come over and

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<v Speaker 1>keep her company. At around seven thirty pm that same night,

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<v Speaker 1>two masked gunmen walked into Effie's and tried to rob it.

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<v Speaker 1>They shot the owner, George Klausser, in the side while

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<v Speaker 1>he was cleaning the grill. The gunman then struggled to

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<v Speaker 1>open the register, but they ultimately gave up after a

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<v Speaker 1>few minutes and fled empty handed. George was airlifted to

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<v Speaker 1>a nearby hospital, but by the time he arrived it

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<v Speaker 1>was too late. The twenty nine year old, who had

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<v Speaker 1>named his restaurant after his wife and lived above it

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<v Speaker 1>with his family, was dead. Witnesses described the gunman as

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<v Speaker 1>eighteen to twenty four years old. One was five foot

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<v Speaker 1>eight one hundred and eighty pounds, the other five foot

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<v Speaker 1>six with a thin build. The original police report from

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<v Speaker 1>a witness described the gunman as two Hispanic males with

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<v Speaker 1>Spanish accents, both masked, one wearing white pants and a

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<v Speaker 1>blue hoodie and one wearing black pants and a purple hoodie.

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<v Speaker 1>Melvin is a five foot seven Hispanic mail that evening

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<v Speaker 1>at the time of the shooting, he was wearing a

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<v Speaker 1>black hoodie and khaki pants. Police wanted swift justice for

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<v Speaker 1>the klausers, but after a few weeks they had nothing.

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<v Speaker 1>That's when police offered a ten thousand dollars reward, and

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<v Speaker 1>right away a man came forward saying he knew one

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<v Speaker 1>of the gunmen, the man who pulled the trigger, and

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<v Speaker 1>his name was Melvin Ortiz. This episode is underwritten by AIG,

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<v Speaker 1>a leading global insurance company. AIG is committed to corporate

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<v Speaker 1>social responsibility and to making a positive difference in the

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<v Speaker 1>lives of its employees and in the communities where we

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<v Speaker 1>work and live. In light of the impelling need for

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<v Speaker 1>pro bono legal assistance, and in recognition of AIG's commitment

0:13:05.880 --> 0:13:09.720
<v Speaker 1>to criminal and social justice reform, the aig pro bono

0:13:09.800 --> 0:13:14.680
<v Speaker 1>program provides free legal services and other support to underrepresented

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<v Speaker 1>communities and individuals. The man who came forward to the

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<v Speaker 1>police and named Melvin Ortiz as the murderer was nineteen

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<v Speaker 1>year old John kelty Jeron. He told them that Melvin

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<v Speaker 1>had approached him to ask for help robbing a business

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<v Speaker 1>in the area to make some quick money. Kelty Jeroon

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<v Speaker 1>said that around midnight on the night of the crime,

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<v Speaker 1>Melvin called him and said, quote, things got messed up

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<v Speaker 1>and the gun just went off.

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<v Speaker 6>So when I learned about this warrant that they had

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<v Speaker 6>for me, I was pretty much a shock.

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<v Speaker 7>You know, when they told me, especially when they told

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<v Speaker 7>me what it was for, and I was like, I

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<v Speaker 7>was taking back.

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<v Speaker 1>I'm like, what the police send it onto the Orteze

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<v Speaker 1>house looking for Melvin.

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<v Speaker 5>I called home and I was like, yo, like what's

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<v Speaker 5>going on.

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<v Speaker 6>I was spoke to my father and he's like, YO, listen,

0:14:12.080 --> 0:14:13.120
<v Speaker 6>you got to come over here.

0:14:13.200 --> 0:14:14.319
<v Speaker 5>These people are here for you.

0:14:14.720 --> 0:14:17.320
<v Speaker 6>And I said, well, I'm not you know, I'm not

0:14:17.400 --> 0:14:20.560
<v Speaker 6>going over there. I didn't physically tell him that, but

0:14:20.640 --> 0:14:23.320
<v Speaker 6>I just told myself that, like, nah, I'm not going

0:14:23.400 --> 0:14:24.040
<v Speaker 6>to go over there.

0:14:25.040 --> 0:14:27.600
<v Speaker 5>It's just the whole situation just felt wrong.

0:14:28.120 --> 0:14:31.120
<v Speaker 1>But Melvin's mom was adamant that it would be easier

0:14:31.160 --> 0:14:32.680
<v Speaker 1>if he just turned himself in.

0:14:33.480 --> 0:14:36.680
<v Speaker 6>She said, listen, only the guilty runs, you know what

0:14:36.720 --> 0:14:39.360
<v Speaker 6>I mean. And I'm like, well, I gave it, and

0:14:39.400 --> 0:14:42.280
<v Speaker 6>I said, okay, we will go down there and fix

0:14:42.360 --> 0:14:43.080
<v Speaker 6>the situation.

0:14:44.560 --> 0:14:47.800
<v Speaker 5>And and when.

0:14:47.600 --> 0:14:50.360
<v Speaker 6>I found out the day that the crime happened, that's

0:14:50.400 --> 0:14:51.560
<v Speaker 6>when Isaiah's party.

0:14:52.600 --> 0:14:55.080
<v Speaker 1>He knew he didn't commit the crime, but his mom's

0:14:55.080 --> 0:14:58.520
<v Speaker 1>advice was also risky. So he was relieved he had

0:14:58.600 --> 0:15:02.160
<v Speaker 1>a solid alibi the party, and he decided to go

0:15:02.240 --> 0:15:06.240
<v Speaker 1>down to the station with his parents, his pastor, Isaac,

0:15:06.640 --> 0:15:08.200
<v Speaker 1>and Isaac's wife Shannon.

0:15:08.880 --> 0:15:11.480
<v Speaker 6>Shannon made a listen of the alibis that was there

0:15:11.520 --> 0:15:14.760
<v Speaker 6>at the party, and we all went down there, and.

0:15:14.720 --> 0:15:17.280
<v Speaker 1>They confidently brought the list down to the station.

0:15:18.240 --> 0:15:18.480
<v Speaker 5>You know.

0:15:18.720 --> 0:15:22.240
<v Speaker 6>But what I didn't think about was that what these

0:15:22.280 --> 0:15:25.560
<v Speaker 6>people were going to do, It didn't matter what I

0:15:25.560 --> 0:15:28.640
<v Speaker 6>had to say, what type of evidence the alibis that

0:15:27.880 --> 0:15:32.120
<v Speaker 6>I that I had to present, and it just it

0:15:32.280 --> 0:15:34.160
<v Speaker 6>just it just didn't matter what they one.

0:15:34.240 --> 0:15:37.000
<v Speaker 5>It was to get in an arrest.

0:15:39.440 --> 0:15:43.880
<v Speaker 1>Melvin never left the police station that day in fact,

0:15:44.240 --> 0:15:46.800
<v Speaker 1>it was the last time he was ever free.

0:15:53.720 --> 0:15:56.880
<v Speaker 3>I knew him before he went to prison, but we

0:15:56.960 --> 0:16:01.360
<v Speaker 3>really didn't get close until after he was indicted and

0:16:01.400 --> 0:16:02.520
<v Speaker 3>had turned himself in.

0:16:03.000 --> 0:16:06.680
<v Speaker 1>Victoria Blanco first met Melvin when they were both teenagers.

0:16:07.040 --> 0:16:09.760
<v Speaker 1>She was in her last year of high school, and initially,

0:16:10.040 --> 0:16:12.960
<v Speaker 1>she says, it was more of a friendship. Victoria says

0:16:13.000 --> 0:16:15.840
<v Speaker 1>she started writing Melvin in jail because she thought he

0:16:15.920 --> 0:16:16.600
<v Speaker 1>was cute.

0:16:19.200 --> 0:16:21.560
<v Speaker 9>And at the same time, you know, I was still

0:16:22.240 --> 0:16:25.120
<v Speaker 9>doing my thing as a teenager, you know, as far

0:16:25.160 --> 0:16:27.840
<v Speaker 9>as love life is concerned. I would still go and date,

0:16:27.960 --> 0:16:30.040
<v Speaker 9>still had other boyfriends, and I actually would go and

0:16:30.080 --> 0:16:33.760
<v Speaker 9>tell him about dates and boyfriends and things that became

0:16:33.920 --> 0:16:36.440
<v Speaker 9>serious as as I got older.

0:16:36.920 --> 0:16:40.160
<v Speaker 1>Victoria and Melvin shared everything over the year he was

0:16:40.200 --> 0:16:42.280
<v Speaker 1>in jail awaiting trial, and.

0:16:42.200 --> 0:16:45.360
<v Speaker 3>Then he would also still be writing like one or

0:16:45.400 --> 0:16:48.400
<v Speaker 3>two girls from inside, and we would see, we would

0:16:48.440 --> 0:16:54.280
<v Speaker 3>totally devote, you know, secrets that the other people when

0:16:54.280 --> 0:16:57.760
<v Speaker 3>were you know, speaking to or talking to, didn't realize

0:16:57.800 --> 0:17:00.000
<v Speaker 3>that we were sharing, you know, sharing our lives together.

0:17:00.640 --> 0:17:04.120
<v Speaker 1>But Melvin didn't tell Victoria he was in jail awaiting

0:17:04.160 --> 0:17:07.679
<v Speaker 1>trial for murder. She thought this cute guy she was

0:17:07.680 --> 0:17:10.960
<v Speaker 1>building a relationship with was in for something minor. It

0:17:11.000 --> 0:17:14.040
<v Speaker 1>was only after a few letters that she found out

0:17:14.119 --> 0:17:14.600
<v Speaker 1>the truth.

0:17:15.160 --> 0:17:17.080
<v Speaker 3>I guess, as you can imagine. You know, I was

0:17:17.119 --> 0:17:19.080
<v Speaker 3>still living at home with my parents, and they were

0:17:19.119 --> 0:17:22.760
<v Speaker 3>infuriated by the fact that I was talking to Melvin

0:17:22.800 --> 0:17:27.400
<v Speaker 3>because the newspapers portrayed him as this like whole blooded

0:17:27.520 --> 0:17:32.000
<v Speaker 3>team killer and this horrible person, and my mom's telling me,

0:17:32.080 --> 0:17:34.760
<v Speaker 3>here to be, you're going to become a murderer too.

0:17:35.359 --> 0:17:39.080
<v Speaker 1>But Victoria believed in his innocence, and she wasn't alone

0:17:39.240 --> 0:17:43.600
<v Speaker 1>because many people at the time did. Remember Melvin had

0:17:43.920 --> 0:17:49.320
<v Speaker 1>nineteen alibi witnesses. So you start writing him while he's

0:17:49.320 --> 0:17:52.800
<v Speaker 1>in jail before trial, and then he gets convicted. I mean,

0:17:52.880 --> 0:17:54.920
<v Speaker 1>what was going through your head then?

0:17:56.600 --> 0:18:02.000
<v Speaker 3>So I was in shock, and that was for me

0:18:02.119 --> 0:18:05.119
<v Speaker 3>at the time was obviously extremely difficult. It was literally

0:18:05.119 --> 0:18:10.639
<v Speaker 3>like time stood still, and I wish no teenager or

0:18:10.640 --> 0:18:12.280
<v Speaker 3>anyone would ever have to go through that.

0:18:17.000 --> 0:18:21.439
<v Speaker 1>The trial was chaos. There was so much publicity around

0:18:21.440 --> 0:18:26.000
<v Speaker 1>the case that Melvin's court appointed lawyers all recused themselves

0:18:26.160 --> 0:18:30.240
<v Speaker 1>due to their own various conflicts of interest, five of them,

0:18:30.280 --> 0:18:33.240
<v Speaker 1>one after the other In a small town like reading,

0:18:33.480 --> 0:18:37.800
<v Speaker 1>this happens often because the roster of public defenders isn't limited.

0:18:38.160 --> 0:18:41.080
<v Speaker 1>If any of them have had anything to do with

0:18:41.320 --> 0:18:45.119
<v Speaker 1>any person involved in the case, they must recuse themselves.

0:18:45.400 --> 0:18:48.359
<v Speaker 1>And in one instance, the attorney just didn't want to

0:18:48.400 --> 0:18:53.720
<v Speaker 1>represent Melvin. Melvin had been demonized in the local papers. Eventually,

0:18:53.880 --> 0:18:58.159
<v Speaker 1>Attorney Bill Bespells took over. Although Bespells didn't have a

0:18:58.160 --> 0:19:02.040
<v Speaker 1>conflict of interest, keme onto Melvin case late right before trial,

0:19:02.359 --> 0:19:05.840
<v Speaker 1>and he only had a couple of weeks to prepare

0:19:06.600 --> 0:19:09.840
<v Speaker 1>his first order of business. In an attempt to counter

0:19:10.000 --> 0:19:13.600
<v Speaker 1>inevitable biased or in trial, Bispells requested a change of

0:19:13.680 --> 0:19:17.160
<v Speaker 1>venue and a change of jury, but both requests were denied.

0:19:17.520 --> 0:19:21.960
<v Speaker 1>On May twenty fourth, nineteen ninety nine, the trial officially started.

0:19:22.440 --> 0:19:26.760
<v Speaker 1>The prosecutor Mark C. Baldwin went first. He called witnesses

0:19:26.800 --> 0:19:29.520
<v Speaker 1>who were at Effie's the night of the murder. Rodney

0:19:29.560 --> 0:19:33.520
<v Speaker 1>Delp testified that he knew Melvin, saw the robbers and

0:19:33.560 --> 0:19:37.240
<v Speaker 1>that Melvin was not one of the robbers. Rodney was

0:19:37.320 --> 0:19:40.240
<v Speaker 1>the one who described the gunman's clothing in the police report.

0:19:40.680 --> 0:19:43.480
<v Speaker 1>Remember one was in white pants and a blue hoodie.

0:19:43.560 --> 0:19:46.320
<v Speaker 1>And the other in black pants and a purple hoodie.

0:19:46.480 --> 0:19:49.920
<v Speaker 1>That night, again, Melvin wore a black hoodie and khaki

0:19:50.000 --> 0:19:53.080
<v Speaker 1>pants that was not what the shooters were described to

0:19:53.119 --> 0:19:57.080
<v Speaker 1>be wearing, and later remember he changed into black pants

0:19:57.400 --> 0:20:01.280
<v Speaker 1>after the time of the murder. The prosecut Cushin, suggested

0:20:01.520 --> 0:20:05.959
<v Speaker 1>this was Melvin's attempt to avoid recognition. This was a

0:20:06.119 --> 0:20:09.639
<v Speaker 1>blow to the prosecution, one of their own witnesses saying

0:20:10.040 --> 0:20:13.120
<v Speaker 1>it wasn't Melvin and there was no DNA or any

0:20:13.200 --> 0:20:16.719
<v Speaker 1>kind of evidence linking Melvin to the crime, But the

0:20:16.760 --> 0:20:22.160
<v Speaker 1>prosecutions still had their star witness, John Celtideron under oath

0:20:22.359 --> 0:20:25.800
<v Speaker 1>during trial. John said he was quote good friends with

0:20:25.880 --> 0:20:30.199
<v Speaker 1>Melvin and that in December nineteen ninety seven, Melvin suggested

0:20:30.200 --> 0:20:32.560
<v Speaker 1>to him that the two of them make quick money

0:20:32.680 --> 0:20:37.200
<v Speaker 1>by robbing a local business in the area, like FIE's Pizza.

0:20:40.040 --> 0:20:42.480
<v Speaker 1>So let's pause for a moment now. You might be

0:20:42.520 --> 0:20:47.520
<v Speaker 1>wondering why John Keltigeroon's account of Melvin's quote confession held

0:20:47.640 --> 0:20:50.840
<v Speaker 1>so much weight against nineteen alibi witnesses.

0:20:51.480 --> 0:20:51.720
<v Speaker 5>Well.

0:20:51.960 --> 0:20:55.560
<v Speaker 1>To start, all, nineteen alibi witnesses were not called to

0:20:55.640 --> 0:21:01.040
<v Speaker 1>testify during the trial. Melvin's attorney Bespels only called four

0:21:01.080 --> 0:21:04.280
<v Speaker 1>of them, and two of those four were friends of Melvin's,

0:21:04.480 --> 0:21:07.240
<v Speaker 1>a jury might see them as willing to say anything

0:21:07.440 --> 0:21:11.080
<v Speaker 1>to protect their friend. Second, John is the son of

0:21:11.240 --> 0:21:16.440
<v Speaker 1>Thomas Keltagerone, a Democrat in the Pennsylvania House of Representatives.

0:21:16.760 --> 0:21:21.280
<v Speaker 1>And on top of that, John's girlfriend, Tina Valentin, told

0:21:21.560 --> 0:21:26.919
<v Speaker 1>police she also overheard the conversation with Melvin. They both

0:21:27.119 --> 0:21:31.679
<v Speaker 1>testified that Melvin confessed to the murder. John and Tina

0:21:31.720 --> 0:21:34.560
<v Speaker 1>were not the only witnesses to testify for the prosecution,

0:21:35.080 --> 0:21:43.080
<v Speaker 1>but their testimonies held the most weight now for the defense.

0:21:43.440 --> 0:21:46.960
<v Speaker 1>Although they didn't call all of the alibi witnesses, they

0:21:47.000 --> 0:21:50.480
<v Speaker 1>did call Cynthia Jacques, the woman whose house Melvin went

0:21:50.520 --> 0:21:53.320
<v Speaker 1>to near Effie's because she was scared when she heard

0:21:53.400 --> 0:21:57.960
<v Speaker 1>about the murder. Cynthia's testimony was key. Cynthia testified that

0:21:58.240 --> 0:22:02.119
<v Speaker 1>it wasn't Melvin who committed the botched robbery. What she

0:22:02.240 --> 0:22:05.600
<v Speaker 1>said was that John had actually come to her with

0:22:05.640 --> 0:22:08.600
<v Speaker 1>a plan to blame it on someone else and then

0:22:08.720 --> 0:22:12.000
<v Speaker 1>collect the ten thousand dollars reward money so the two

0:22:12.000 --> 0:22:15.000
<v Speaker 1>of them could run off to Mexico with it. Allegedly,

0:22:15.400 --> 0:22:20.000
<v Speaker 1>Cynthia and John were having an affair. After four days

0:22:20.040 --> 0:22:23.440
<v Speaker 1>of trial, it was time for the jury to decide.

0:22:23.480 --> 0:22:26.600
<v Speaker 1>After only two and a half hours of deliberation, the

0:22:26.680 --> 0:22:27.720
<v Speaker 1>jury had a decision.

0:22:28.080 --> 0:22:31.600
<v Speaker 4>Nineteen year old Melvin Ortiz sat motionless in the courtroom,

0:22:31.840 --> 0:22:35.120
<v Speaker 4>showing no emotion as the jury gave its verdict guilty

0:22:35.200 --> 0:22:36.479
<v Speaker 4>of second degree murder.

0:22:36.760 --> 0:22:40.679
<v Speaker 1>They ruled in favor of John and Tina's testimonies, and

0:22:40.720 --> 0:22:45.040
<v Speaker 1>Melvin was convicted and sentenced to life in prison without

0:22:45.280 --> 0:22:54.040
<v Speaker 1>the possibility of parole. It was a blow to everyone

0:22:54.040 --> 0:22:57.560
<v Speaker 1>in Melvin's life, including Victoria. She sat through the trial

0:22:57.640 --> 0:23:01.159
<v Speaker 1>for the cute boys she caught feelings for when originally

0:23:01.560 --> 0:23:04.760
<v Speaker 1>she didn't even think his case would make it to trial,

0:23:05.200 --> 0:23:07.880
<v Speaker 1>and she had to think realistically.

0:23:08.080 --> 0:23:11.520
<v Speaker 3>I actually had made a decision to move on, you know,

0:23:11.600 --> 0:23:15.320
<v Speaker 3>and stop stop talking or seeing Melvin, because I knew

0:23:15.320 --> 0:23:19.480
<v Speaker 3>in my heart that our friendship was more than just

0:23:19.520 --> 0:23:23.760
<v Speaker 3>a friendship. I will say to back when I then

0:23:23.840 --> 0:23:26.000
<v Speaker 3>turned like eighteen or nineteen, I always knew I'm like,

0:23:26.040 --> 0:23:29.080
<v Speaker 3>I'm like, I want to marry Melbourn's. He's like my

0:23:29.119 --> 0:23:32.359
<v Speaker 3>best friend. We talk about everything. So it was around

0:23:32.400 --> 0:23:35.720
<v Speaker 3>that time that I think I was about twenty. At

0:23:35.720 --> 0:23:39.040
<v Speaker 3>the time I moved on, not only did I stop

0:23:39.080 --> 0:23:41.480
<v Speaker 3>talking to him, but I actually just left the state

0:23:41.520 --> 0:23:44.159
<v Speaker 3>of Pennsylvania.

0:23:45.359 --> 0:23:48.920
<v Speaker 1>Melvin was now a convicted murderer, staring down the rest

0:23:48.960 --> 0:23:52.960
<v Speaker 1>of his life behind bars. Was there ever a point

0:23:53.040 --> 0:23:55.879
<v Speaker 1>that you might have lost hope and thought that you know,

0:23:55.960 --> 0:23:57.000
<v Speaker 1>you'd be stuck in there.

0:23:56.880 --> 0:23:58.560
<v Speaker 5>Forever lots of time.

0:23:59.440 --> 0:24:02.360
<v Speaker 6>You know you're gonna have your your week moments, your

0:24:02.440 --> 0:24:05.160
<v Speaker 6>your hard days, and when you're gonna feel it hopeless,

0:24:05.400 --> 0:24:07.960
<v Speaker 6>you're gonna feel down, You're gonna feel like, man, I'm

0:24:08.000 --> 0:24:09.080
<v Speaker 6>never gonna get out of here.

0:24:09.520 --> 0:24:13.520
<v Speaker 1>You know, Melvin has petitioned for post conviction relief six

0:24:13.760 --> 0:24:17.560
<v Speaker 1>times from twenty and one to twenty sixteen, and he's

0:24:17.560 --> 0:24:19.320
<v Speaker 1>been denied every time.

0:24:20.119 --> 0:24:22.800
<v Speaker 5>He's like, what can you do? You know, you keep

0:24:22.800 --> 0:24:28.360
<v Speaker 5>getting shot down from the courts. You know. I was like, Okay,

0:24:28.560 --> 0:24:31.639
<v Speaker 5>I'm appeal this, and you know I'm gonna win this

0:24:31.720 --> 0:24:32.359
<v Speaker 5>on appeal.

0:24:33.480 --> 0:24:35.840
<v Speaker 6>Man, Like I said, I was wrong, I was wrong

0:24:35.880 --> 0:24:36.760
<v Speaker 6>about a lot of things.

0:24:36.800 --> 0:24:39.960
<v Speaker 5>Twenty four years later, yeah, I am speaking to you.

0:24:42.680 --> 0:24:45.960
<v Speaker 3>I had followed Melvin's case and followed his appeals, and

0:24:46.600 --> 0:24:49.320
<v Speaker 3>you know it with heartbreaking each time I saw so

0:24:49.400 --> 0:24:51.760
<v Speaker 3>on them get denied because they were time barred.

0:24:52.400 --> 0:24:55.280
<v Speaker 1>In certain states, there's a limited amount of time you

0:24:55.320 --> 0:24:58.840
<v Speaker 1>can bring new evidence to the courts. In Pennsylvania it's

0:24:58.840 --> 0:24:59.800
<v Speaker 1>sixty days.

0:25:00.400 --> 0:25:02.800
<v Speaker 3>I think once or twice I actually wrote him a

0:25:02.840 --> 0:25:04.800
<v Speaker 3>letter like, you know, I wish you good luck on

0:25:04.840 --> 0:25:06.600
<v Speaker 3>your appeal, and just that I want you to know

0:25:06.640 --> 0:25:10.520
<v Speaker 3>I'm thinking about you. But in that gap of that

0:25:10.640 --> 0:25:15.119
<v Speaker 3>time frame, we never had the type of conversation we

0:25:15.200 --> 0:25:18.360
<v Speaker 3>had when we were, you know, younger, But I always

0:25:18.600 --> 0:25:19.760
<v Speaker 3>always thought about him.

0:25:20.119 --> 0:25:21.640
<v Speaker 1>Melvin thought about her too.

0:25:22.240 --> 0:25:26.440
<v Speaker 6>Fucking describeatory one word, I would say, extraordinary, you know,

0:25:26.480 --> 0:25:27.240
<v Speaker 6>I mean, she's just.

0:25:27.200 --> 0:25:30.919
<v Speaker 5>A good person overall. She has a beautiful heart. She's beautiful.

0:25:31.000 --> 0:25:34.399
<v Speaker 6>I love her, and throughout my bed I used to

0:25:34.440 --> 0:25:37.400
<v Speaker 6>do I used to always use her as a conversation

0:25:37.480 --> 0:25:40.080
<v Speaker 6>piece because you know, a lot of the guys they

0:25:40.160 --> 0:25:42.679
<v Speaker 6>used to talk about with their friends.

0:25:42.160 --> 0:25:44.040
<v Speaker 3>And and how.

0:25:43.960 --> 0:25:46.560
<v Speaker 5>Things were and you know the messed up part. And

0:25:46.600 --> 0:25:50.400
<v Speaker 5>I used to be like, well, I knew a good one.

0:25:50.520 --> 0:25:51.560
<v Speaker 5>I had a good one.

0:25:52.359 --> 0:25:55.040
<v Speaker 1>That Victoria moved on and by two thousand and five

0:25:55.359 --> 0:25:56.520
<v Speaker 1>she was living in Florida.

0:25:57.480 --> 0:25:59.600
<v Speaker 3>I you know, obviously was with in my life doing

0:25:59.600 --> 0:26:05.560
<v Speaker 3>my thing, and I met my ex husband, and you know,

0:26:05.640 --> 0:26:09.280
<v Speaker 3>we had decided to get married. And I think six

0:26:09.320 --> 0:26:12.760
<v Speaker 3>weeks before I was about to get married, I had

0:26:12.800 --> 0:26:16.280
<v Speaker 3>wrote Melvin this letter, right because you know, that's what

0:26:16.280 --> 0:26:19.800
<v Speaker 3>we do. Anytime there's a big monumental thing going in,

0:26:20.280 --> 0:26:22.760
<v Speaker 3>you know, going on in your life, you want to

0:26:22.800 --> 0:26:25.000
<v Speaker 3>share it with the person that you care about. Vote.

0:26:25.200 --> 0:26:28.040
<v Speaker 3>So I had wrote this, wrote Melvin this letter that

0:26:29.119 --> 0:26:30.879
<v Speaker 3>you know, I'm getting married and this is this is

0:26:30.920 --> 0:26:33.399
<v Speaker 3>basically what I'm going to do, and this is a

0:26:33.440 --> 0:26:37.159
<v Speaker 3>little bit about what's going on with me. And I

0:26:37.680 --> 0:26:40.119
<v Speaker 3>ended up not sending it. I had it all written

0:26:40.160 --> 0:26:43.440
<v Speaker 3>out in the envelope ready to drop in the mailbox,

0:26:43.480 --> 0:26:46.800
<v Speaker 3>and I just I didn't put it in the mailbox

0:26:46.840 --> 0:26:49.679
<v Speaker 3>because I knew. I knew if he would have responded, I,

0:26:49.840 --> 0:26:52.080
<v Speaker 3>for one, probably wouldn't have went to the altar.

0:26:53.720 --> 0:26:58.119
<v Speaker 1>It wasn't until three years ago that everything changed for

0:26:58.280 --> 0:27:07.960
<v Speaker 1>Melvin Victoria and their relationship. In twenty twelve, the United

0:27:08.000 --> 0:27:12.760
<v Speaker 1>States Supreme Court ruled that it was unconstitutional for juveniles

0:27:12.840 --> 0:27:16.480
<v Speaker 1>to be mandatorily sentenced to life in prison without parole.

0:27:16.840 --> 0:27:21.480
<v Speaker 10>A Supreme Court decision that said juveniles are constitutionally different

0:27:21.520 --> 0:27:24.320
<v Speaker 10>from adults for the purposes of serviencing.

0:27:24.800 --> 0:27:28.080
<v Speaker 1>So over the next few years, states started resentencing their

0:27:28.160 --> 0:27:32.080
<v Speaker 1>juvenile lifers. Remember, Melvin was seventeen at the time of

0:27:32.119 --> 0:27:36.560
<v Speaker 1>the murder, a juvenile, so in twenty eighteen he was resentenced.

0:27:37.320 --> 0:27:40.520
<v Speaker 1>At this time, a lot of juvenile lifers were actually

0:27:40.560 --> 0:27:44.080
<v Speaker 1>being resentenced to twenty five to life in prison, which

0:27:44.119 --> 0:27:47.120
<v Speaker 1>for many would have been time they had already served.

0:27:47.680 --> 0:27:51.920
<v Speaker 1>Melvin's attorney recommended he be resentenced to twenty years to life,

0:27:52.280 --> 0:27:56.119
<v Speaker 1>which for him would also be time served, but instead

0:27:56.440 --> 0:27:59.719
<v Speaker 1>a judge resentenced him to thirty five years to life.

0:28:00.040 --> 0:28:02.960
<v Speaker 1>Although it wasn't the sentence he was hoping for, he

0:28:03.040 --> 0:28:06.600
<v Speaker 1>figured any shot at freedom was better than none.

0:28:06.840 --> 0:28:08.800
<v Speaker 3>Like I said, I would always follow his case. And

0:28:08.840 --> 0:28:12.479
<v Speaker 3>it's just like when he was resentenced in June of

0:28:12.600 --> 0:28:18.439
<v Speaker 3>twenty eighteen, it was I knew that the universe was

0:28:19.080 --> 0:28:19.960
<v Speaker 3>aligning things.

0:28:20.359 --> 0:28:23.439
<v Speaker 1>Victoria's marriage was on the outs at this point, she

0:28:23.560 --> 0:28:24.920
<v Speaker 1>was getting divorced.

0:28:25.080 --> 0:28:28.359
<v Speaker 3>And I knew that that was the right time to

0:28:28.440 --> 0:28:32.320
<v Speaker 3>reach out to him. And instinctively, when I saw that

0:28:32.880 --> 0:28:36.200
<v Speaker 3>with that resentencing, he would only have fourteen years left Maggie,

0:28:36.280 --> 0:28:39.520
<v Speaker 3>I thought to myself at the time, I thought, well,

0:28:39.560 --> 0:28:42.600
<v Speaker 3>I can wait fourteen years for him. That's what my gut,

0:28:42.960 --> 0:28:44.280
<v Speaker 3>my heart was telling me.

0:28:44.680 --> 0:28:47.800
<v Speaker 1>By that time, Victoria had thought a lot about wrongful

0:28:47.880 --> 0:28:50.280
<v Speaker 1>convictions and being with someone in prison.

0:28:51.120 --> 0:28:53.240
<v Speaker 3>I'll be honest, Back then and even up to a

0:28:53.240 --> 0:28:57.720
<v Speaker 3>few years ago, I didn't realize what an epidemic wrongful

0:28:57.720 --> 0:29:02.320
<v Speaker 3>convictions are. The people that are inside are are actually people.

0:29:04.080 --> 0:29:06.280
<v Speaker 3>I think the media portrays, you know, people that are

0:29:06.280 --> 0:29:09.880
<v Speaker 3>incarcerated as the horrible beings, but it's actually the majority

0:29:09.920 --> 0:29:13.640
<v Speaker 3>of them are serving time for miscellaneous marijuana charges and

0:29:15.640 --> 0:29:18.600
<v Speaker 3>wrongful convictions and crimes that have nothing to do with

0:29:19.000 --> 0:29:22.760
<v Speaker 3>public safety. Now I'm finding out, as I'm older and

0:29:22.760 --> 0:29:25.120
<v Speaker 3>there's more people that are wrongfully convicted coming home, I'm

0:29:25.160 --> 0:29:27.200
<v Speaker 3>finding out that that's more common than I thought it

0:29:27.320 --> 0:29:27.960
<v Speaker 3>was at the time.

0:29:29.440 --> 0:29:32.480
<v Speaker 1>She figured she'd do it, she'd jump back in with

0:29:32.560 --> 0:29:46.240
<v Speaker 1>Melvin and fight to exonerate him. So do you remember

0:29:46.280 --> 0:29:48.760
<v Speaker 1>what it was about Melvin's case that kind of struck.

0:29:48.480 --> 0:29:51.440
<v Speaker 10>You, Well, there are a number of features. I mean,

0:29:51.520 --> 0:29:54.920
<v Speaker 10>one is the fact that he was a juvenile and

0:29:56.160 --> 0:29:59.600
<v Speaker 10>such a clear victim in my view, in the words,

0:29:59.680 --> 0:30:04.800
<v Speaker 10>zero evidence actual evidence against Melvin, and significant evidence that

0:30:04.840 --> 0:30:07.160
<v Speaker 10>he was not there and it was impossible for him

0:30:07.200 --> 0:30:07.800
<v Speaker 10>to have been there.

0:30:08.400 --> 0:30:11.480
<v Speaker 1>This is Mark Howard, professor of Government and Law at

0:30:11.480 --> 0:30:15.320
<v Speaker 1>Georgetown University. He co teaches a class called Making an

0:30:15.320 --> 0:30:19.960
<v Speaker 1>Exonery with his childhood friend Marty Tankliff. Marty himself is

0:30:20.000 --> 0:30:23.720
<v Speaker 1>an x hoonery. In the class, the Georgetown students investigate

0:30:23.760 --> 0:30:29.560
<v Speaker 1>wrongful conviction cases and advocate for their innocence and exoneration. Victoria,

0:30:29.800 --> 0:30:33.680
<v Speaker 1>now fully committed to Melvin and his exoneration, reached out

0:30:33.680 --> 0:30:36.920
<v Speaker 1>to Mark's team for help, and after reviewing Mark's case

0:30:37.400 --> 0:30:40.600
<v Speaker 1>the Making an Exonery class, decided to take it on

0:30:41.200 --> 0:30:41.480
<v Speaker 1>to me.

0:30:41.680 --> 0:30:45.479
<v Speaker 10>I mean, it's frank, A screaming case of a wrongful conviction.

0:30:46.280 --> 0:30:50.040
<v Speaker 1>Melvin's case has a lot of the classic hallmarks, such

0:30:50.040 --> 0:30:53.760
<v Speaker 1>as the lack of evidence, the rock solid alibi actually

0:30:54.000 --> 0:30:57.520
<v Speaker 1>nineteen alibi witnesses, and especially.

0:30:57.480 --> 0:31:01.720
<v Speaker 10>The shakiest of witnesses coming forward who have a motivation

0:31:02.320 --> 0:31:06.520
<v Speaker 10>which is to collect reward money and then two to

0:31:06.640 --> 0:31:08.800
<v Speaker 10>get the trail off of them.

0:31:09.240 --> 0:31:12.880
<v Speaker 1>Mark is talking about John Kelter Jerone, the star witness

0:31:13.120 --> 0:31:19.280
<v Speaker 1>and his girlfriend Tina Valentine. Now I mentioned that John

0:31:19.440 --> 0:31:22.560
<v Speaker 1>is the son of a Pennsylvania politician, so jurors may

0:31:22.600 --> 0:31:26.280
<v Speaker 1>have seen him during the trial as particularly credible. Well,

0:31:26.320 --> 0:31:30.640
<v Speaker 1>it wasn't until after the trial that previously hidden information

0:31:31.120 --> 0:31:33.400
<v Speaker 1>about John started to surface.

0:31:34.320 --> 0:31:37.520
<v Speaker 10>So one, John had an extensive criminal record himself. His

0:31:37.640 --> 0:31:41.720
<v Speaker 10>record was never admitted, it was later even expunged, and

0:31:42.120 --> 0:31:45.360
<v Speaker 10>then none of it was disclosed to the jury, and

0:31:47.040 --> 0:31:50.440
<v Speaker 10>he came forward as if he were a credible witness

0:31:50.520 --> 0:31:53.720
<v Speaker 10>and upstanding citizen, which he's far from.

0:31:53.800 --> 0:31:56.760
<v Speaker 1>Mark believes this has to do with who John's dad.

0:31:56.640 --> 0:32:00.440
<v Speaker 10>Was, Thomas Heltera Jerone, who was a state rep Presentative

0:32:00.480 --> 0:32:03.520
<v Speaker 10>in Pennsylvania and as head of the Judiciary Committee, he

0:32:03.640 --> 0:32:07.960
<v Speaker 10>controlled the budget of the court system. And so you're

0:32:07.960 --> 0:32:12.160
<v Speaker 10>talking about someone with huge influence over the court system,

0:32:12.280 --> 0:32:18.000
<v Speaker 10>over the judge, over the prosecutor's office through his political role,

0:32:18.720 --> 0:32:23.800
<v Speaker 10>and so that in a sense gave John cover. His

0:32:23.920 --> 0:32:27.960
<v Speaker 10>record was never admitted. It's very, very suspicious, and when

0:32:27.960 --> 0:32:30.640
<v Speaker 10>you add that to the fact that there's nothing else

0:32:30.680 --> 0:32:34.880
<v Speaker 10>against Melbourne other than this testimony and then the kind

0:32:34.920 --> 0:32:38.120
<v Speaker 10>of pressure testimony of his girlfriend, you think something is

0:32:38.240 --> 0:32:39.880
<v Speaker 10>rotten here, and.

0:32:40.080 --> 0:32:44.160
<v Speaker 1>Something may have been. Tina was only sixteen and pregnant

0:32:44.160 --> 0:32:47.280
<v Speaker 1>with John's child at the time of the trial in

0:32:47.320 --> 0:32:49.760
<v Speaker 1>two thousand and five, when she was twenty two years old,

0:32:50.200 --> 0:32:54.719
<v Speaker 1>Tina came forward and admitted that John pressured her on

0:32:54.760 --> 0:32:58.600
<v Speaker 1>what to say. She had lied about everything. She began

0:32:58.680 --> 0:33:01.880
<v Speaker 1>speaking up about the truth after her son died, which

0:33:02.080 --> 0:33:06.320
<v Speaker 1>she interpreted as karma from God for knowingly taking Melvin's

0:33:06.360 --> 0:33:09.760
<v Speaker 1>life away, and her recantation. She says it was John

0:33:09.760 --> 0:33:13.720
<v Speaker 1>who committed the murder, and remember at trial, Melvin's friend

0:33:13.760 --> 0:33:17.320
<v Speaker 1>Cynthia said the same thing that John told her he

0:33:17.360 --> 0:33:19.640
<v Speaker 1>wanted to run away with her for the ten thousand

0:33:19.720 --> 0:33:23.680
<v Speaker 1>dollars reward money. One of the members of Melvin's team

0:33:23.760 --> 0:33:28.920
<v Speaker 1>at Georgetown is now part of our team at Wrongful Conviction, Eastmuddy, Guadalama.

0:33:29.400 --> 0:33:32.360
<v Speaker 1>Here's what Tina told Eastmuddy in an interview about what

0:33:32.560 --> 0:33:39.600
<v Speaker 1>happened that night in December of nineteen ninety seven. Tina

0:33:39.720 --> 0:33:42.440
<v Speaker 1>said she spent that day shopping and saw John as

0:33:42.480 --> 0:33:43.440
<v Speaker 1>soon as he came home.

0:33:44.120 --> 0:33:47.680
<v Speaker 11>John's beating past the house. Now he's supposed to be

0:33:47.720 --> 0:33:51.040
<v Speaker 11>at work, but he's flying past the house and everything.

0:33:51.800 --> 0:33:55.280
<v Speaker 11>And he came and he picked me up and told

0:33:55.320 --> 0:33:58.440
<v Speaker 11>me to grab the bag behind the door, And I

0:33:58.440 --> 0:34:00.800
<v Speaker 11>didn't know what it was, I'm like, what he's like

0:34:00.840 --> 0:34:02.080
<v Speaker 11>the bag behind the door.

0:34:02.680 --> 0:34:07.280
<v Speaker 1>According to Tina, the bag contained a mask, gloves, and

0:34:07.320 --> 0:34:08.000
<v Speaker 1>a hoodie.

0:34:08.520 --> 0:34:11.040
<v Speaker 11>And then that evening is when he sat down with

0:34:11.080 --> 0:34:15.200
<v Speaker 11>me more and told me what supposedly had happened, that

0:34:15.400 --> 0:34:20.960
<v Speaker 11>him and Melvin supposedly went in and robbed the pizza shop.

0:34:21.560 --> 0:34:25.840
<v Speaker 11>I didn't believe it because one Melvin was at a

0:34:25.880 --> 0:34:29.680
<v Speaker 11>birthday party. When that all was said and done, John

0:34:29.760 --> 0:34:32.680
<v Speaker 11>started opening up a little bit more to me. He's like, look,

0:34:33.520 --> 0:34:36.040
<v Speaker 11>you're gonna have to say this and say this and

0:34:36.080 --> 0:34:40.520
<v Speaker 11>say this to get them off my ask. And they

0:34:40.560 --> 0:34:42.840
<v Speaker 11>think it's Melvin that let them think that.

0:34:43.800 --> 0:34:47.840
<v Speaker 1>So if she knew Melvin was innocent, why did Tina

0:34:47.920 --> 0:34:50.240
<v Speaker 1>agree to testify on John's behalf.

0:34:50.719 --> 0:34:54.680
<v Speaker 11>It's scared fear, not just from him, from his father

0:34:55.320 --> 0:34:58.799
<v Speaker 11>and his father's pool and people that you knew. I

0:34:58.840 --> 0:35:02.400
<v Speaker 11>had a bunch of people job trying to pressure me

0:35:02.840 --> 0:35:03.680
<v Speaker 11>from the family.

0:35:04.680 --> 0:35:09.080
<v Speaker 2>Did you ever experience any sort of guilt or stress

0:35:09.200 --> 0:35:11.560
<v Speaker 2>at the time of the trial when you were.

0:35:11.520 --> 0:35:18.879
<v Speaker 11>Sixteen, Yeah, that was a lot me sitting there one

0:35:19.000 --> 0:35:23.760
<v Speaker 11>stand saying that it was Melvin, and I wholeheartedly knew

0:35:24.360 --> 0:35:27.720
<v Speaker 11>that Melvin had nothing to do with any of this.

0:35:29.160 --> 0:35:31.719
<v Speaker 1>Since two thousand and eight, Tina has been working with

0:35:31.800 --> 0:35:36.320
<v Speaker 1>Melvin's family to present her testimony before a judge. Melvin

0:35:36.320 --> 0:35:39.799
<v Speaker 1>has attempted to use Tina's recanted testimony an admission of

0:35:39.840 --> 0:35:44.880
<v Speaker 1>perjury several times, but again, the courts keep denying it

0:35:45.360 --> 0:35:48.839
<v Speaker 1>on the basis of the evidence being time barred. It

0:35:48.920 --> 0:35:54.000
<v Speaker 1>took ten years for the courts to hear her recanted testimony.

0:35:54.440 --> 0:35:58.000
<v Speaker 1>In twenty eighteen, when the judge finally did, he decided

0:35:58.040 --> 0:36:01.880
<v Speaker 1>that although he believed her, it wouldn't have changed the

0:36:02.000 --> 0:36:04.480
<v Speaker 1>trial's verdict. Here's Mark again.

0:36:05.280 --> 0:36:08.520
<v Speaker 10>I think there's so many different features to the case. Now,

0:36:08.640 --> 0:36:16.200
<v Speaker 10>talk to Melvin himself. He is a kind, intelligent, caring, loyal,

0:36:17.360 --> 0:36:22.480
<v Speaker 10>just a person with integrity, and he's someone who presents

0:36:22.600 --> 0:36:26.880
<v Speaker 10>zero and I mean zero threat to public safety. To

0:36:26.960 --> 0:36:31.320
<v Speaker 10>think that Pennsylvania taxpayers are spending close to fifty thousand

0:36:31.360 --> 0:36:34.120
<v Speaker 10>dollars a year to keep Melvin Ortiz in prison for

0:36:34.160 --> 0:36:37.399
<v Speaker 10>something he didn't do since he was a child, and

0:36:37.400 --> 0:36:41.279
<v Speaker 10>that we have elected officials who are trying to make

0:36:41.320 --> 0:36:44.760
<v Speaker 10>that permanent for the rest of his life, it's just unacceptable.

0:36:45.239 --> 0:36:48.360
<v Speaker 1>We should also note that Mark Baldwin, the district attorney

0:36:48.400 --> 0:36:52.320
<v Speaker 1>who tried Melvin's case, was cited in another wrongful conviction case,

0:36:52.760 --> 0:36:56.919
<v Speaker 1>that of Roddy Johnson. In that case, district Attorney Mark

0:36:56.960 --> 0:37:02.640
<v Speaker 1>Baldwin was cited for egregious prosecutor real misconduct. Mister Johnson

0:37:02.760 --> 0:37:04.720
<v Speaker 1>was exonerated in twenty twenty.

0:37:05.280 --> 0:37:08.480
<v Speaker 10>And to me, that suggests that every case that prosecutor

0:37:08.520 --> 0:37:11.600
<v Speaker 10>worked on should at least be looked at, and Melvin's

0:37:11.640 --> 0:37:13.680
<v Speaker 10>case being one of them, and Melvin having many other

0:37:13.719 --> 0:37:16.520
<v Speaker 10>hallmarks of a wrongful conviction, I think that adds even

0:37:16.600 --> 0:37:23.640
<v Speaker 10>more power to his claim.

0:37:23.800 --> 0:37:27.759
<v Speaker 1>Melvin says being incarcerated has definitely put a strain on

0:37:27.840 --> 0:37:29.799
<v Speaker 1>his family and their relationship.

0:37:30.440 --> 0:37:33.200
<v Speaker 6>You know, there are gaps between our relationship with my

0:37:33.280 --> 0:37:34.359
<v Speaker 6>family and stuff like that.

0:37:34.480 --> 0:37:36.200
<v Speaker 5>There are gaps, you know, don't get a.

0:37:36.120 --> 0:37:39.080
<v Speaker 6>Messed up, but you know, we try to bridge those

0:37:39.080 --> 0:37:44.320
<v Speaker 6>gaps because his family is important, you know, because especially

0:37:44.400 --> 0:37:47.360
<v Speaker 6>on a situation like this, I guess one of the

0:37:47.400 --> 0:37:49.440
<v Speaker 6>things that bring us together is my innocence.

0:37:50.239 --> 0:37:52.920
<v Speaker 3>I mean, his family has spent probably close to one

0:37:52.960 --> 0:37:57.280
<v Speaker 3>hundred thousand dollars in attorney's feed just trying to bring

0:37:57.320 --> 0:38:00.319
<v Speaker 3>to life of the cross evidence they've had to move,

0:38:00.440 --> 0:38:05.400
<v Speaker 3>they've had to downside, they've had to refinance, you know,

0:38:05.520 --> 0:38:08.920
<v Speaker 3>their original house, all types of financial impacts as well

0:38:08.960 --> 0:38:09.759
<v Speaker 3>as the emotional.

0:38:10.160 --> 0:38:13.759
<v Speaker 1>Melvin's Dadjan is still working six days a week at

0:38:13.760 --> 0:38:17.200
<v Speaker 1>the age of seventy eight, trying to pay off the

0:38:17.239 --> 0:38:18.280
<v Speaker 1>family's debts.

0:38:18.520 --> 0:38:21.320
<v Speaker 3>Yeah, two parents working two jobs to pay attorneys sees.

0:38:21.400 --> 0:38:25.000
<v Speaker 3>And you also have you know, Melvin calling from the inside.

0:38:25.120 --> 0:38:26.640
<v Speaker 3>And keep in mind, you know, when he went in

0:38:26.760 --> 0:38:31.120
<v Speaker 3>he was eighteen and up until now, you know, the

0:38:31.160 --> 0:38:34.879
<v Speaker 3>physical trauma, the physical abuse scenes. He's young, and he's

0:38:34.880 --> 0:38:38.560
<v Speaker 3>surrounded by older persons who have been there much longer

0:38:38.600 --> 0:38:44.200
<v Speaker 3>than him. It's extremely it's extremely stressful and oppressive.

0:38:50.840 --> 0:38:54.560
<v Speaker 1>While in prison, Melvin spends his free time reading, exercising,

0:38:54.920 --> 0:38:57.120
<v Speaker 1>playing chess, and talking to Victoria.

0:38:57.760 --> 0:38:58.279
<v Speaker 5>What are your.

0:38:58.200 --> 0:38:59.879
<v Speaker 1>Plans for the future when you get out?

0:39:00.600 --> 0:39:04.920
<v Speaker 6>You know, my plan is to marry Victoria, see if

0:39:04.920 --> 0:39:06.520
<v Speaker 6>we can build a family from there.

0:39:08.719 --> 0:39:10.680
<v Speaker 5>I just wanting to take it one day at a time.

0:39:11.520 --> 0:39:12.760
<v Speaker 5>I just want to find peace.

0:39:13.320 --> 0:39:18.839
<v Speaker 6>I mean, after this experience, like the word piece is

0:39:18.920 --> 0:39:19.799
<v Speaker 6>very strong for me.

0:39:20.560 --> 0:39:23.600
<v Speaker 1>Okay, so my last question is is there any kind

0:39:23.680 --> 0:39:26.719
<v Speaker 1>of like food or something that you're drying to have

0:39:26.760 --> 0:39:27.640
<v Speaker 1>when you get out.

0:39:28.080 --> 0:39:35.080
<v Speaker 6>Mom's cooking, you know something, just mom's cooking. I missed

0:39:35.080 --> 0:39:35.920
<v Speaker 6>that the mont.

0:39:35.880 --> 0:39:45.360
<v Speaker 1>Yeah, Melvin is currently appealing the twenty eighteen resentencing decision

0:39:45.560 --> 0:39:48.560
<v Speaker 1>of thirty five years to life. As of right now,

0:39:48.800 --> 0:39:53.440
<v Speaker 1>he's eligible for parole in twenty thirty two. The second

0:39:53.480 --> 0:39:57.640
<v Speaker 1>perpetrator in the robbery and homicide of George Klausser has

0:39:57.760 --> 0:40:07.960
<v Speaker 1>never been found. Next time on Wrongful Conviction with Maggie

0:40:08.000 --> 0:40:09.600
<v Speaker 1>Freeling Mike Pohlee.

0:40:10.000 --> 0:40:12.200
<v Speaker 12>When they were interrogating me, they asked me, you know,

0:40:12.200 --> 0:40:14.879
<v Speaker 12>who do you think part of your mother? There's only

0:40:14.880 --> 0:40:17.359
<v Speaker 12>one person that I know that hated her that much

0:40:17.640 --> 0:40:20.000
<v Speaker 12>to do that to her, And what I've seen was

0:40:20.320 --> 0:40:22.360
<v Speaker 12>evil hatred.

0:40:23.880 --> 0:40:26.560
<v Speaker 1>Thank you for listening to Wrongful Conviction with Maggie Freeling.

0:40:26.960 --> 0:40:30.279
<v Speaker 1>Please support your local innocence organizations and go to the

0:40:30.280 --> 0:40:32.440
<v Speaker 1>links in our bio to see how you can help.

0:40:32.920 --> 0:40:35.840
<v Speaker 1>I'd like to thank our executive producers Jason Flamm and

0:40:35.880 --> 0:40:39.000
<v Speaker 1>Kevin Wurtis, as well as our senior producer Annie Chelsea,

0:40:39.440 --> 0:40:44.080
<v Speaker 1>researcher Lila Robinson, story editor Sonya Paul, fact checking and

0:40:44.120 --> 0:40:48.880
<v Speaker 1>additional reporting. Eastmany Guadarrama with additional production by Jeff Cliburn

0:40:49.080 --> 0:40:52.400
<v Speaker 1>and Connor Hall. Special thanks go to Mark Howard and

0:40:52.440 --> 0:40:56.040
<v Speaker 1>the making an ex Honery class at Georgetown University. The

0:40:56.120 --> 0:40:59.560
<v Speaker 1>music in this production is by three time OSCAR nominated

0:40:59.560 --> 0:41:03.000
<v Speaker 1>composer Jay Ralph. Be sure to follow us on Instagram

0:41:03.040 --> 0:41:07.120
<v Speaker 1>at Wrongful Conviction, on Facebook at Wrongful Conviction Podcast, and

0:41:07.200 --> 0:41:10.160
<v Speaker 1>on Twitter at Wrongful Conviction, as well as at Lava

0:41:10.200 --> 0:41:13.400
<v Speaker 1>for Good. On all three platforms, you can also follow

0:41:13.480 --> 0:41:17.360
<v Speaker 1>me on both Instagram and Twitter at Maggie Freeling. Wrongful

0:41:17.360 --> 0:41:20.319
<v Speaker 1>Conviction with Maggie Freeling is a production of Lava for

0:41:20.400 --> 0:41:35.560
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