WEBVTT - #280 Jason Flom with Eduardo Dumbrique and John Klene

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<v Speaker 1>In the eighties and nineties, Los Angeles gang culture was

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<v Speaker 1>much more nuanced than anyone outside of it bothered to know.

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<v Speaker 1>For some, gangs meant socializing, while the criminal activity of

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<v Speaker 1>others colored all affiliated with the same broad brush gangs

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<v Speaker 1>were viewed as a problem that needed a swift and

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<v Speaker 1>harsh solution, and it seems that simply connecting it defended

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<v Speaker 1>to a gang was enough to get a conviction. While

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<v Speaker 1>fifteen year old de Duardo Dombrica and eighteen year old

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<v Speaker 1>John Clennie were affiliated with LAWNDEL thirteen for the girls,

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<v Speaker 1>parties and camaraderie, three older LAWNDEL thirteen members, Santo Alvarez,

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<v Speaker 1>Lester Momlre, and Chad Landrum were in it for the

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<v Speaker 1>drugs and violence. On June twenty eighth, nineteen ninety seven,

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<v Speaker 1>Antonio Alarkan, a rival gang member, was killed in a

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<v Speaker 1>dry by shooting. A few days later, to escape unrelated charges,

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<v Speaker 1>Santo Alvarez used his knowledge of that drive by to

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<v Speaker 1>blame Duardo and John. A few weeks later, Alvarez, Monmore,

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<v Speaker 1>and Landrum committed another murder, and the police were happy

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<v Speaker 1>to pin Alvarez's role on a woman who knew the

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<v Speaker 1>deceased rather than their star witness against Eduardo and John.

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<v Speaker 1>With Alvarez's statement and a corrupt identification process that was

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<v Speaker 1>immediately recanted and protested by the witness, the two boys

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<v Speaker 1>were taken to trial. Chad Landrum was willing to confess

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<v Speaker 1>to the drive bye, but his continued violence behind bars

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<v Speaker 1>kept him unavailable. Despite both Alvarez and the witness's less

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<v Speaker 1>than willing participation to trial, the prosecutor and the detectives

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<v Speaker 1>were able to harp on at Duardo and John's gang

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<v Speaker 1>affiliation in order to send them away for life without parole.

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<v Speaker 1>This is wrongful conviction. Welcome back to wrongful conviction today.

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<v Speaker 1>Recovering a case, it gives us a peek into the

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<v Speaker 1>gang world of Los Angeles in the nineteen nineties and

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<v Speaker 1>the way and will which the LAPD and the Prosecutor's

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<v Speaker 1>office dealt with that issue. We have two men that

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<v Speaker 1>were affected by those policies when they were just boys.

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<v Speaker 1>There's a third wrongfully convicted person, Susan Mellen, from a

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<v Speaker 1>related crime. She's not recording with us today, but their

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<v Speaker 1>amazing lawyer is one of the founders of Innocence Matters.

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<v Speaker 1>Deirdre O'Connor, Welcome to Wrongful Conviction. Thank you for having

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<v Speaker 1>me and now our guests of honor, the two men themselves.

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<v Speaker 1>You know, I always say this, but it's true. I'm

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<v Speaker 1>sorry that you guys are here because of why you're here,

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<v Speaker 1>but I'm really happy to have you on Wrongful Conviction today.

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<v Speaker 1>So I'm going to introduce John Clenney first. John, thank

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<v Speaker 1>you for being here with us today on Wrongful Conviction.

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<v Speaker 2>Thanks for having me, And of.

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<v Speaker 1>Course Ed Dobrique, thank you for joining.

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<v Speaker 3>Us, Thanks for having me. Appreciate it.

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<v Speaker 1>So you two guys grew up together. Can you give

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<v Speaker 1>us a little background there.

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<v Speaker 2>I've known Ed since I was about maybe fifteen. We

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<v Speaker 2>both grew up in Londale, California. Londeal's kind of typical

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<v Speaker 2>middle class city in the South Bay. You know, it

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<v Speaker 2>has its little areas that aren't so great, and it's

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<v Speaker 2>some areas are decent.

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<v Speaker 3>So it's about ten minutes fifteen minutes from the beach.

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<v Speaker 3>I think it's a nice city. It's got a good

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<v Speaker 3>high school.

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<v Speaker 1>So growing up in Lawndale, there was a gang in

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<v Speaker 1>your neighborhood called the Lowndale thirteen.

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<v Speaker 3>Well, we grew up there, and we were part of that.

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<v Speaker 1>So you too grew up in the gang culture of

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<v Speaker 1>Los Angeles in the eighties and nineties and really came

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<v Speaker 1>of age in the nineties. And I think it's news

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<v Speaker 1>to some people that the word gang and gang culture

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<v Speaker 1>in general is a bit more nuanced than most of

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<v Speaker 1>the country realized back then. You know, many of our

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<v Speaker 1>listeners are old enough to remember seeing news reports of

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<v Speaker 1>the violence associated with gangs, and that's pretty much all

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<v Speaker 1>anyone outside of that culture knew about it at the time.

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<v Speaker 1>Only negative connotations, of course, So society reacted to that

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<v Speaker 1>perception by electing quote unquote tough on crime politicians who

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<v Speaker 1>implemented these kinds of ham fisted policing tactics, which of

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<v Speaker 1>course had very real effects, as you can both attest

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<v Speaker 1>to locking people up for the sake of doing it,

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<v Speaker 1>but not the right people, and in too many cases

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<v Speaker 1>it's the wrong people, like in yours. But gang culture

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<v Speaker 1>was not just criminality and violence, right, It was much

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<v Speaker 1>more nuanced than that. Would you say that's an accurate depiction.

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<v Speaker 2>Yeah, for sure. Even in a single gang it may

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<v Speaker 2>be like, you know, some people are just families, some

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<v Speaker 2>people are just friends. Of course, you have a criminal

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<v Speaker 2>element to it, but that doesn't necessarily mean that everyone

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<v Speaker 2>is involved in crime. The term gang is not a

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<v Speaker 2>good one, but it's like when you're young and growing

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<v Speaker 2>up and you experience the friendship and the camaraderie, and

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<v Speaker 2>I mean that's kind of where you end up at,

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<v Speaker 2>especially if you're growing up, like in a neighborhood, you

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<v Speaker 2>know where gangs are there.

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<v Speaker 3>You know, not everybody is on the same page, not

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<v Speaker 3>everybody gets along. We were having fun, you know, whether

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<v Speaker 3>we're trying to get girls, trying to have a good time,

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<v Speaker 3>that's what it was. But you definitely had other guys

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<v Speaker 3>that their version of fun or you know, what they

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<v Speaker 3>would do is drugs and violence.

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<v Speaker 4>What I think is true for all gangs, right is

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<v Speaker 4>that there are little subsets inside the gangs where people

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<v Speaker 4>gravitate towards certain activities, you know, chasing girls, maybe scoring

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<v Speaker 4>some weed, that kind of thing. And there was that

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<v Speaker 4>kind of group, and then there were the people like Payaso,

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<v Speaker 4>which is Santo Alvarez, or Ghost Chad Landrum or Wicked

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<v Speaker 4>lester Monlore that were really wanting to make a name

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<v Speaker 4>for themselves. They were getting high all the time and

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<v Speaker 4>doing some real vicious stuff, and they were the ones

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<v Speaker 4>out there doing the drive bys and the kind of

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<v Speaker 4>gratuitous violence that everybody associates gangs with.

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<v Speaker 1>Did you get along with these guys?

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<v Speaker 2>We know them. They're all significantly older than us. I

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<v Speaker 2>knew Lester when I was growing up a little bit,

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<v Speaker 2>like just as a younger kid, but he kind of

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<v Speaker 2>went the drug y kind of violent route, and I

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<v Speaker 2>just was there for kind of like the camaraderie and

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<v Speaker 2>the friendships and the fun. I saw Santos on my

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<v Speaker 2>block a lot here and there, and my neighbor that

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<v Speaker 2>lived in the backhouse, I guess he got his radio stolen,

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<v Speaker 2>you know, out of his car in my driveway, you know,

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<v Speaker 2>and I always pretty much suspected Santos as being the

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<v Speaker 2>one that stole it.

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<v Speaker 1>You know. Okay, so so much for camaraderie. So this

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<v Speaker 1>kind of accurately paints a picture of the divide that's

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<v Speaker 1>at the crux of this story. And I mean by

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<v Speaker 1>that the larger perception of gangs in the nineties, and

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<v Speaker 1>then how the issue was dealt with, like I said,

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<v Speaker 1>in a ham fisted kind of way, by detectives like

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<v Speaker 1>the ones in this case. There was Sergeant Riggs, but

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<v Speaker 1>also Marcella Win in a related case Deirdre. Have either

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<v Speaker 1>of them had any other wrongful convictions that they've been tied.

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<v Speaker 4>To Win certainly does. She's burial offender. There's at least

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<v Speaker 4>five known people ob Anthony and Reggie Cole case. They

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<v Speaker 4>were code defendants. It was Wynn's first murder case at

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<v Speaker 4>South Bay Homicide.

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<v Speaker 1>Yeah, we covered that case here on Rafel conviction and

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<v Speaker 1>we'll have it linked in the bio.

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<v Speaker 4>Then she had these two guys, Ed and John. Now

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<v Speaker 4>she had a tangential role in that, but had she

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<v Speaker 4>done the right thing, these guys would not have been

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<v Speaker 4>in custody. She also had the Susan Mellon case where

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<v Speaker 4>she relied on a non reliable person obviously unreliable, there

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<v Speaker 4>was no question about it. And then she had another case,

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<v Speaker 4>the Michelle Pulo's case, she relied on the same unreliable

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<v Speaker 4>witness that she used against Susan Mellon.

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<v Speaker 1>That is really disgusting tactic that we see over and

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<v Speaker 1>over again revisiting and reusing the same useful liars like

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<v Speaker 1>Mark Tevins did in The Bronx and Upper Manhattan and

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<v Speaker 1>this kid Joey Morales, who was a witness in six

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<v Speaker 1>different murders in each time he was out getting milk

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<v Speaker 1>for his mom. And Danny Ringclen, who we interviewed on

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<v Speaker 1>this podcast, which is still in prison three decades later

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<v Speaker 1>because of this fake witness, and of course Mark Tevans.

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<v Speaker 1>It looks like Win was cut from the same cloth.

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<v Speaker 5>She was a terrible detective and didn't follow the rules

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<v Speaker 5>at all.

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<v Speaker 1>Now, as far as Sergeant Riggs is concerned, you're going

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<v Speaker 1>to see what he does in this case in terms

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<v Speaker 1>of the identification process, and one can only surmise that

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<v Speaker 1>if he was so comfortable running rough shot over a

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<v Speaker 1>witness who was protesting at the identification in the courtroom

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<v Speaker 1>and in post conviction, Yeah, while at the identification, he's

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<v Speaker 1>literally going, I can't see that far. I can't do

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<v Speaker 1>this identification for you because I can't see. So this

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<v Speaker 1>guy tried to stand up and do the right thing

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<v Speaker 1>and was overruled and overridden and bullied by these cops.

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<v Speaker 1>So it's fair to say that this is something that

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<v Speaker 1>this particular officer had done before.

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<v Speaker 5>The one thing I would say, Jason, in these in

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<v Speaker 5>these gags cases, you know, all bets are off with

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<v Speaker 5>these detectives, they can do whatever they want because they

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<v Speaker 5>know that nobody has any sympathy. All they have to

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<v Speaker 5>do is say the word gang member, and the prosecutors,

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<v Speaker 5>the jurors, judges, everybody rallies around a conviction. So the

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<v Speaker 5>rules are completely different in a gang case. And that's

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<v Speaker 5>why you see detectives violate the rules as much as

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<v Speaker 5>they do because they can.

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<v Speaker 1>Get away with it, right. They violate the rules while

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<v Speaker 1>lumping every gang member in under the umbrella of quote

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<v Speaker 1>violent gang member, regardless of what subset of the gang

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<v Speaker 1>that individual identified with. And what happened in this case,

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<v Speaker 1>as happens unfortunately all over the country tragically, is that

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<v Speaker 1>you have a violent character like Santo Alvarez who conveniently

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<v Speaker 1>trades false information for his own freedom, and then he

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<v Speaker 1>and they remain free, I mean, other people like him

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<v Speaker 1>to commit more acts of violence while getting innocent folks

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<v Speaker 1>wrongfully convicted. And according to the fall information that Alvarez

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<v Speaker 1>eventually gave the police. This story began to unfold on

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<v Speaker 1>the day before the incident in question, June twenty seventh,

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<v Speaker 1>nineteen ninety seven, when a few kids from around the

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<v Speaker 1>Lowndal thirteen neighborhood who were not in any way affiliated,

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<v Speaker 1>were the victims of a drive by. This was allegedly

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<v Speaker 1>perpetrated by members of the Lil Watts Gang. Now none

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<v Speaker 1>of this was ever investigated or substantiated, but this story

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<v Speaker 1>from Santo Alvarez was used as the alleged motive for

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<v Speaker 1>a retaliatory drive by the following night. But did either

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<v Speaker 1>of you guys even know the kids who were shot

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<v Speaker 1>or shot at the night before, and particularly did you

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<v Speaker 1>know nineteen year old Luis Madrano.

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<v Speaker 2>I didn't know the guy. Those guys were not associates

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<v Speaker 2>of Londo. They were not friends of Londo that I

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<v Speaker 2>know of. But somehow, I guess to maybe create a

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<v Speaker 2>motive for our case, they got brought into that as

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<v Speaker 2>being a good way to say, oh, yeah, these guys

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<v Speaker 2>are retaliating for this.

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<v Speaker 1>And what happened the following night June twenty eight, nineteen

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<v Speaker 1>ninety seven, was that a member of the Little Watts Gang,

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<v Speaker 1>twenty five year old Antonio Alakhan, was at an autobody

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<v Speaker 1>shop and while outside using the payphone next door, out

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<v Speaker 1>of sight of those in the autobody shop, he was

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<v Speaker 1>killed by a drive by shooter. Jeju what else can

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<v Speaker 1>you tell us?

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<v Speaker 4>Allar Khan had a truck that was being worked on

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<v Speaker 4>over a period of time at the shop, and the

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<v Speaker 4>shop owner, Daniel Curiel, was at the shop that night

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<v Speaker 4>with a couple of other people in the shop and

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<v Speaker 4>Aller Khan happened to stop by, and while he was there,

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<v Speaker 4>I think he got a page and he wanted to

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<v Speaker 4>use the phone to call this woman who turned out

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<v Speaker 4>to be his mistress. So he was offered to use

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<v Speaker 4>the inside phone, but he declined and decided to go

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<v Speaker 4>outside because he wanted privacy. So he went out of

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<v Speaker 4>the shop. There's an adjacent building and there's a payphone

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<v Speaker 4>outside of that, and he went to the payphone to

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<v Speaker 4>speak with his mistress, and then suddenly a car pulled up.

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<v Speaker 4>Somebody got out of the car and just unloaded multiple

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<v Speaker 4>shots and he was killed really, probably before he had

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<v Speaker 4>any chance to react in any way. And then the

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<v Speaker 4>shooter got back in the car and the car drove off,

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<v Speaker 4>and as it drove off, it passed the opening of

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<v Speaker 4>the body shop garage door. So basically there's the storefront

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<v Speaker 4>on the corner adjacent to it is the body shop,

0:12:20.880 --> 0:12:23.920
<v Speaker 4>but the body shop sits in from the sidewalk so

0:12:23.960 --> 0:12:26.960
<v Speaker 4>that there's parking in front of it. So when you're

0:12:27.040 --> 0:12:30.200
<v Speaker 4>inside the body shop with the door open and looking out,

0:12:30.480 --> 0:12:33.600
<v Speaker 4>you would not have a direct line to the phone

0:12:33.600 --> 0:12:37.120
<v Speaker 4>booth because the wall of the building would be blocking it.

0:12:37.720 --> 0:12:40.920
<v Speaker 4>But once the car moved forward, they would be able

0:12:41.000 --> 0:12:42.199
<v Speaker 4>to see the car.

0:12:42.080 --> 0:12:45.439
<v Speaker 1>Pass by right, So no one actually got a good

0:12:45.440 --> 0:12:47.640
<v Speaker 1>look at the shooter, including the shop owner, who told

0:12:47.679 --> 0:12:51.440
<v Speaker 1>detectives that, but detectives cajoled him anyway into making an

0:12:51.480 --> 0:12:56.080
<v Speaker 1>id that he has never supported. Curiel even demonstrated later

0:12:56.160 --> 0:13:00.520
<v Speaker 1>at trial that he can't reliably see twenty feet in

0:13:00.559 --> 0:13:03.000
<v Speaker 1>front of him. Can you talk a bit about his

0:13:03.160 --> 0:13:03.800
<v Speaker 1>vantage point.

0:13:03.920 --> 0:13:07.199
<v Speaker 4>Curio's working on a car with his back to the street.

0:13:07.440 --> 0:13:11.360
<v Speaker 4>He hears the sound of the gunshots going off, but

0:13:11.400 --> 0:13:15.520
<v Speaker 4>he thought it was fireworks, and because of the echoing effect,

0:13:15.640 --> 0:13:18.400
<v Speaker 4>he thought it was coming from the back. So he

0:13:18.440 --> 0:13:20.680
<v Speaker 4>goes to the back and he looks out to see

0:13:20.760 --> 0:13:23.800
<v Speaker 4>what's going on back there, and that's when he realizes

0:13:23.920 --> 0:13:26.840
<v Speaker 4>it's coming from the front. And by then the car

0:13:26.920 --> 0:13:31.480
<v Speaker 4>is moving past the shop, so he would have been

0:13:31.760 --> 0:13:34.200
<v Speaker 4>I think more than twenty feet away from the car

0:13:34.280 --> 0:13:35.880
<v Speaker 4>at the time that he first observed it.

0:13:36.480 --> 0:13:39.600
<v Speaker 1>So what he and others did see was that this

0:13:39.720 --> 0:13:42.160
<v Speaker 1>was a black or dark green colored sedan and that

0:13:42.240 --> 0:13:44.920
<v Speaker 1>the front passenger had yelled some kind of gang epithet

0:13:44.960 --> 0:13:47.520
<v Speaker 1>at Alar Khan as they drove off. So this shooting

0:13:47.559 --> 0:13:50.360
<v Speaker 1>happened around eleven pm on June twenty eighth, nineteen ninety seven.

0:13:50.400 --> 0:13:53.240
<v Speaker 1>And from looking into this case, I realized that this

0:13:53.400 --> 0:13:57.560
<v Speaker 1>state has some other significance and most of our audience

0:13:57.600 --> 0:14:00.960
<v Speaker 1>will remember this like I do, because early that same night,

0:14:01.080 --> 0:14:06.320
<v Speaker 1>Mike Tyson bit Evander Holyfield's ear off during a heavyweight

0:14:06.400 --> 0:14:11.520
<v Speaker 1>championship fight. So people remember that night very very clearly.

0:14:12.120 --> 0:14:15.400
<v Speaker 1>In fact, you guys were friends. Ed was fifteen, John

0:14:15.480 --> 0:14:17.480
<v Speaker 1>was eighteen, and you were hanging out to watch the

0:14:17.559 --> 0:14:18.240
<v Speaker 1>fight together.

0:14:18.600 --> 0:14:20.960
<v Speaker 3>Is that right, Yes, sir, Yeah, on the day of

0:14:21.360 --> 0:14:23.000
<v Speaker 3>had you know, barbecue invited me.

0:14:23.560 --> 0:14:25.920
<v Speaker 2>It was actually a great night. You know, we'd never

0:14:25.960 --> 0:14:29.680
<v Speaker 2>seen something like that before, right, It was pretty memorable.

0:14:30.280 --> 0:14:35.000
<v Speaker 2>There was multiple people there, you know, cooking, eating, drinking it.

0:14:35.280 --> 0:14:36.080
<v Speaker 2>It was a good night.

0:14:36.520 --> 0:14:39.640
<v Speaker 1>Yeah, that was insane. I remember calling my friends and

0:14:39.760 --> 0:14:41.880
<v Speaker 1>family just to check if they had seen it.

0:14:42.080 --> 0:14:45.840
<v Speaker 2>Yeah, people called the house a few people and they're like,

0:14:45.880 --> 0:14:48.040
<v Speaker 2>what the hell happened seeing it on the news, and

0:14:48.240 --> 0:14:51.480
<v Speaker 2>you know if they didn't watch the fight, you know.

0:14:51.840 --> 0:14:54.560
<v Speaker 1>Right, they knew you were watching and called to ask

0:14:54.600 --> 0:14:57.120
<v Speaker 1>about it. You were seen on the front lawn talking

0:14:57.160 --> 0:14:59.160
<v Speaker 1>on your cordless phone by a neighbor as well, who

0:14:59.160 --> 0:15:01.760
<v Speaker 1>got home reundled. So not only the people at the party,

0:15:02.320 --> 0:15:05.480
<v Speaker 1>but also those that called you and your neighbor, they

0:15:05.560 --> 0:15:07.920
<v Speaker 1>all placed you at home at the time of the shooting,

0:15:08.040 --> 0:15:10.480
<v Speaker 1>which was about an eight to twelve minute drive away

0:15:10.520 --> 0:15:12.520
<v Speaker 1>from your home. And this shooting was alleged to be

0:15:12.560 --> 0:15:14.680
<v Speaker 1>in retaliation for the shooting of some kid you didn't

0:15:14.680 --> 0:15:18.160
<v Speaker 1>even know. Now, this case was being investigated by Sergeant DORYL.

0:15:18.240 --> 0:15:18.600
<v Speaker 3>Riggs.

0:15:19.200 --> 0:15:22.880
<v Speaker 1>Several days go by, and on July first, Santo Alvarez

0:15:23.040 --> 0:15:25.840
<v Speaker 1>Akapayaso got picked up for possession of a weapon and

0:15:25.840 --> 0:15:29.440
<v Speaker 1>a hypodermic needle by Torrence PD. And this is when

0:15:29.480 --> 0:15:30.280
<v Speaker 1>the story start.

0:15:30.520 --> 0:15:34.840
<v Speaker 2>So basically, Santos Alvarez is in jail, trying to find

0:15:34.880 --> 0:15:37.920
<v Speaker 2>his way out of jail, starts telling the I believe

0:15:37.920 --> 0:15:40.120
<v Speaker 2>it was a Torrance Police department where he was at.

0:15:40.320 --> 0:15:44.200
<v Speaker 2>You know, hey, I know something about a murder that happened,

0:15:44.520 --> 0:15:48.640
<v Speaker 2>and they called the Sheriff's Homicide.

0:15:48.040 --> 0:15:50.680
<v Speaker 1>Right so Torrence PD called over to La County Sheriff's

0:15:50.720 --> 0:15:54.000
<v Speaker 1>Homicide Department and Sergeant Riggs came to interview Santo Alvarez,

0:15:54.040 --> 0:15:57.200
<v Speaker 1>and they started asking about this dark colored car, maybe black,

0:15:57.240 --> 0:16:01.400
<v Speaker 1>perhaps green, and while distancing himself from Londeale gang activity,

0:16:01.440 --> 0:16:03.560
<v Speaker 1>he said that the only person he can think of

0:16:03.600 --> 0:16:05.560
<v Speaker 1>from Londale with a car like that was a guy

0:16:05.640 --> 0:16:08.840
<v Speaker 1>named Robert Caputo. And he said that he saw the

0:16:08.880 --> 0:16:10.600
<v Speaker 1>two of you in Kaputo's car on the day of

0:16:10.600 --> 0:16:12.480
<v Speaker 1>the murder, among other things.

0:16:13.040 --> 0:16:18.200
<v Speaker 2>But also Santo Alvarez creates this story that he saw

0:16:19.040 --> 0:16:23.240
<v Speaker 2>me the day of the murder and I was upset

0:16:23.280 --> 0:16:27.920
<v Speaker 2>about that shooting from the prior day of Luis Madrano

0:16:28.200 --> 0:16:31.480
<v Speaker 2>and that I wanted to retaliate, and then he said

0:16:31.640 --> 0:16:33.880
<v Speaker 2>that he saw me, like you know, a few days

0:16:33.960 --> 0:16:37.960
<v Speaker 2>later or whatever, and says that he overhears me talking

0:16:38.000 --> 0:16:41.840
<v Speaker 2>to someone else saying that I shot someone or blasted

0:16:41.880 --> 0:16:44.520
<v Speaker 2>that for or something like along those lines is what

0:16:44.560 --> 0:16:48.000
<v Speaker 2>he used. So with that, from my understanding, they let

0:16:48.040 --> 0:16:51.960
<v Speaker 2>him out. Then they go back to the witnesses. I

0:16:52.000 --> 0:16:54.760
<v Speaker 2>feel they put pressure the most on probably Daniel Curriel

0:16:54.800 --> 0:16:57.680
<v Speaker 2>since he was a shop owner and showed him six

0:16:57.800 --> 0:17:02.560
<v Speaker 2>packs and coerced him and who identifying us because of

0:17:02.600 --> 0:17:04.000
<v Speaker 2>what Santos said.

0:17:04.280 --> 0:17:06.720
<v Speaker 3>So you mentioned that Alva said that we were in

0:17:06.840 --> 0:17:10.400
<v Speaker 3>Carpudle's car, right, but computer had turned that car in

0:17:10.640 --> 0:17:13.000
<v Speaker 3>or sold it. They could tell there that he was

0:17:13.160 --> 0:17:15.920
<v Speaker 3>lying about that, and that's a significant thing to lie

0:17:15.960 --> 0:17:18.080
<v Speaker 3>about it. You said they were in a car that

0:17:18.119 --> 0:17:20.000
<v Speaker 3>the guy doesn't have exactly.

0:17:20.080 --> 0:17:23.520
<v Speaker 1>Capudle had sold it in February nineteen ninety seven, about

0:17:23.560 --> 0:17:26.840
<v Speaker 1>five or six months before the shooting. Yet Riggs and

0:17:26.880 --> 0:17:30.120
<v Speaker 1>his partner Garcia brought a six pack photo array over

0:17:30.160 --> 0:17:33.359
<v Speaker 1>to Curiel with the purpose of getting him to id

0:17:33.880 --> 0:17:37.719
<v Speaker 1>YouTube as if they couldn't spot that lie about Capudo's

0:17:37.720 --> 0:17:41.800
<v Speaker 1>car right off the bat. This bogus photo lineup happened

0:17:41.840 --> 0:17:45.240
<v Speaker 1>on July tenth, I believe, before Ed's arrest, and Curiel

0:17:45.280 --> 0:17:48.440
<v Speaker 1>has always disputed this, but Riggs says that he identified

0:17:48.560 --> 0:17:50.760
<v Speaker 1>Ed as the shooter and John is the front passenger.

0:17:50.800 --> 0:17:53.760
<v Speaker 1>He held a gang epithet. So what really happened here?

0:17:54.040 --> 0:17:58.520
<v Speaker 2>Well, Riggs convinces him basically, look, you're never going to

0:17:58.600 --> 0:18:00.560
<v Speaker 2>have to go to court. We don't even need you

0:18:01.000 --> 0:18:03.160
<v Speaker 2>this is just to help our case a little bit.

0:18:03.680 --> 0:18:07.000
<v Speaker 2>We already got these guys, but in reality he was

0:18:07.040 --> 0:18:12.560
<v Speaker 2>their entire case. So he convinces Curiel to say, all right,

0:18:12.680 --> 0:18:14.679
<v Speaker 2>I'll sign for you today.

0:18:14.800 --> 0:18:18.920
<v Speaker 3>My arrest July tenth, nineteen ninety seven, on my way

0:18:18.960 --> 0:18:22.119
<v Speaker 3>to the gym with a friend, and he noticed that

0:18:22.160 --> 0:18:25.800
<v Speaker 3>there was cow cars behind us, and there was three

0:18:25.840 --> 0:18:29.600
<v Speaker 3>of them, and then there was three coming in front

0:18:29.600 --> 0:18:32.919
<v Speaker 3>of us. It had a bad feeling, like this is

0:18:33.160 --> 0:18:36.720
<v Speaker 3>not a traffic ticket. They pulled us over, pulled the

0:18:36.760 --> 0:18:39.960
<v Speaker 3>guns out, drive us off the car, and one of

0:18:39.960 --> 0:18:42.680
<v Speaker 3>my mom's friends happened to be driving by, and so

0:18:42.720 --> 0:18:47.280
<v Speaker 3>she was across the street just observing. But I was

0:18:47.320 --> 0:18:50.240
<v Speaker 3>trying to communicate with her to call my mom. Dude.

0:18:50.240 --> 0:18:52.119
<v Speaker 3>I didn't want my mom not to know what happened

0:18:52.160 --> 0:18:54.520
<v Speaker 3>to me either, you know. So I was fifteen. They

0:18:54.560 --> 0:18:56.000
<v Speaker 3>tried me as an adult, and they sent me to

0:18:56.000 --> 0:18:59.240
<v Speaker 3>the county jail, and I found myself in a very

0:18:59.400 --> 0:19:04.640
<v Speaker 3>binding section of the ale and that was my kind

0:19:04.640 --> 0:19:22.879
<v Speaker 3>of introduction to the system.

0:19:23.160 --> 0:19:29.480
<v Speaker 4>Three weeks after the Alercan shooting, Santo Alvarez, Lester Moanler,

0:19:29.680 --> 0:19:33.040
<v Speaker 4>and Chad Landrum were hanging out in this house that

0:19:33.080 --> 0:19:36.159
<v Speaker 4>had been vacated that was referred to as the Melon

0:19:36.359 --> 0:19:39.880
<v Speaker 4>Patch because the family that owned it their last name

0:19:39.960 --> 0:19:43.080
<v Speaker 4>was Melon. So they break in the back. They're getting high.

0:19:43.440 --> 0:19:47.439
<v Speaker 4>A homeless guy, Richard Daly, who had prior connection with

0:19:47.520 --> 0:19:51.080
<v Speaker 4>the woman who used to live there, Susan Mellon, stops by.

0:19:51.640 --> 0:19:55.280
<v Speaker 4>They're originally partying with him, and then all of a sudden,

0:19:55.680 --> 0:20:00.879
<v Speaker 4>Chad Landrum viciously attacks Daily maxis head multiple times with

0:20:00.960 --> 0:20:04.560
<v Speaker 4>a hammer and kills him. And then with the help

0:20:04.720 --> 0:20:09.879
<v Speaker 4>of Santo and Lester, they wrap up the body and

0:20:09.960 --> 0:20:13.840
<v Speaker 4>bring it to an alley in San Pedro, where they

0:20:13.920 --> 0:20:17.360
<v Speaker 4>set it on fire in hopes of destroying any evidence.

0:20:17.359 --> 0:20:19.800
<v Speaker 4>Said well, enable the police to connect them.

0:20:19.840 --> 0:20:22.080
<v Speaker 1>Right, And you all didn't find out about this until

0:20:22.119 --> 0:20:24.920
<v Speaker 1>post conviction, even though the person who prosecuted both Ed

0:20:24.960 --> 0:20:28.840
<v Speaker 1>and John prosecuted this case as well. And we talked

0:20:28.840 --> 0:20:31.800
<v Speaker 1>a bit about her before. But the Daily murder fell

0:20:31.920 --> 0:20:35.880
<v Speaker 1>on Marcella Win's desk, right, All of these informants came

0:20:35.880 --> 0:20:38.399
<v Speaker 1>to her saying it was Piasso ghost and wicked with

0:20:38.480 --> 0:20:41.480
<v Speaker 1>the hammer right in the Melon Patch, open and shut, right,

0:20:42.240 --> 0:20:45.000
<v Speaker 1>But that's not what happened. This person Susan Mellon ended

0:20:45.080 --> 0:20:48.119
<v Speaker 1>up getting dragged into it in Piaso's stead right instead

0:20:48.160 --> 0:20:50.119
<v Speaker 1>of him. How did that happen?

0:20:50.400 --> 0:20:53.680
<v Speaker 4>Well, I think initially when she takes the path of

0:20:53.800 --> 0:20:57.040
<v Speaker 4>least resistance in all of her investigations, So when people

0:20:57.080 --> 0:21:00.359
<v Speaker 4>were handing up the three gang members, she was going

0:21:00.400 --> 0:21:02.920
<v Speaker 4>to pursue that and go after them. She even submitted

0:21:02.960 --> 0:21:06.199
<v Speaker 4>an Affi David for arrest warrants for all three of them. However,

0:21:06.280 --> 0:21:09.400
<v Speaker 4>she doesn't want to do any heavy lifting, so there

0:21:09.480 --> 0:21:15.359
<v Speaker 4>wasn't enough evidence for the DA to pursue Piasso and

0:21:15.840 --> 0:21:19.159
<v Speaker 4>Wynn didn't do the investigation she needed to build a

0:21:19.160 --> 0:21:21.760
<v Speaker 4>case against them. So at the same time that it

0:21:21.840 --> 0:21:25.000
<v Speaker 4>was becoming clear that she'd have to work to get

0:21:25.040 --> 0:21:30.119
<v Speaker 4>Piasso further implicated in it, this other tweaker, June Patty,

0:21:30.200 --> 0:21:33.560
<v Speaker 4>came along and said, Hey, I got some information on Melon.

0:21:33.640 --> 0:21:36.199
<v Speaker 4>You can pursue her. And so Wind shifted gears and

0:21:36.240 --> 0:21:39.159
<v Speaker 4>went after Melon. And while she was doing this, she

0:21:39.240 --> 0:21:44.159
<v Speaker 4>was in communication with Riggs about Piasso's role as a

0:21:44.200 --> 0:21:47.600
<v Speaker 4>witness as their star witness in that case. So in

0:21:47.640 --> 0:21:50.760
<v Speaker 4>those conversations that were never documented, the substance of that

0:21:50.920 --> 0:21:55.440
<v Speaker 4>was never documented. Clearly these detectives made decisions that benefited

0:21:55.480 --> 0:21:58.639
<v Speaker 4>both of them. So Riggs was allowed to use Piasso

0:21:59.040 --> 0:22:03.040
<v Speaker 4>in the Alarkan shooting, and Win was free to pursue Melon,

0:22:03.320 --> 0:22:06.080
<v Speaker 4>another innocent person, for the Daily murder.

0:22:06.240 --> 0:22:10.040
<v Speaker 1>So ultimately, Chad Landrum and Lester Monlaur were rightfully pursued,

0:22:10.119 --> 0:22:14.200
<v Speaker 1>along with Susan Mellon, who was wrongfully pursued. They were

0:22:14.280 --> 0:22:17.080
<v Speaker 1>all tried separately, and Landrum and Mellon were both convicted.

0:22:17.720 --> 0:22:21.320
<v Speaker 1>Monlare was acquitted, So both Monlare and Alvarez got off

0:22:21.359 --> 0:22:26.520
<v Speaker 1>scott free, ready willing and able to commit even more crimes.

0:22:26.800 --> 0:22:30.520
<v Speaker 1>That's right, yeah, Jesus Christ. So now August fourteenth rolls

0:22:30.560 --> 0:22:32.920
<v Speaker 1>around and John, you were arrested for the alar Khan

0:22:33.040 --> 0:22:35.200
<v Speaker 1>drive by as the front seat passenger.

0:22:35.560 --> 0:22:40.080
<v Speaker 2>Yeah, that was a shocker obviously, but for the first

0:22:40.160 --> 0:22:43.280
<v Speaker 2>you know, six months of going to jail. When I

0:22:43.320 --> 0:22:47.480
<v Speaker 2>got arrested, I thought the next court date they would realize, hey,

0:22:47.480 --> 0:22:49.159
<v Speaker 2>this guy's not supposed to be here. We're going to

0:22:49.200 --> 0:22:52.800
<v Speaker 2>go ahead and release them, and you know, every court

0:22:52.880 --> 0:22:56.080
<v Speaker 2>date turned into a next court date till I finally realized, like,

0:22:56.240 --> 0:22:58.800
<v Speaker 2>these guys are serious, they really you know, they're really

0:22:58.840 --> 0:22:59.840
<v Speaker 2>trying to charge me with this.

0:23:00.600 --> 0:23:03.960
<v Speaker 1>So now October thirtieth, nineteen ninety seven, curial was brought

0:23:04.000 --> 0:23:06.280
<v Speaker 1>into view a live lineup, and on the advice of

0:23:06.320 --> 0:23:09.480
<v Speaker 1>your lawyer, John, you tried to change your appearance. So

0:23:09.680 --> 0:23:12.000
<v Speaker 1>even though you were innocent of this crime, this move

0:23:12.119 --> 0:23:14.080
<v Speaker 1>made you look not so great.

0:23:14.359 --> 0:23:17.400
<v Speaker 2>My lawyer, Frank ta Jacomo, he tells me, you know, hey,

0:23:17.440 --> 0:23:20.240
<v Speaker 2>this guy, he's already seen pictures of you. They've shown

0:23:20.280 --> 0:23:23.840
<v Speaker 2>him your six pack or whatever. Let's kind of make

0:23:23.840 --> 0:23:27.040
<v Speaker 2>it a little more difficult for him to pick you out. So,

0:23:27.200 --> 0:23:30.239
<v Speaker 2>you know, grow your hair out, shave your mustache. And

0:23:30.600 --> 0:23:33.640
<v Speaker 2>I'm listening to the advice of my attorney, So I say,

0:23:33.680 --> 0:23:36.120
<v Speaker 2>all right, you know, I grow my hair out, shave

0:23:36.160 --> 0:23:39.639
<v Speaker 2>my mustache. I go to my lineup and then I'm waiting.

0:23:39.880 --> 0:23:42.040
<v Speaker 2>They bring me off the stage from the lineup, and

0:23:42.080 --> 0:23:44.840
<v Speaker 2>the deputy is like, who are you? And I'm like,

0:23:44.880 --> 0:23:46.600
<v Speaker 2>what do you mean you're not John Plenty?

0:23:46.640 --> 0:23:47.119
<v Speaker 1>Who are you?

0:23:47.320 --> 0:23:50.520
<v Speaker 2>And I'm like, yes, I am, And he's like, no

0:23:50.520 --> 0:23:53.679
<v Speaker 2>one recognizes you out there. Your lawyer doesn't recognize you,

0:23:53.720 --> 0:23:57.800
<v Speaker 2>the detective doesn't recognize you. You did you switch wristbands

0:23:57.800 --> 0:24:00.399
<v Speaker 2>and I'm like, no, I didn't switch wristbands like it's me,

0:24:01.000 --> 0:24:03.399
<v Speaker 2>you know, And I said, how does my lawyer not

0:24:03.480 --> 0:24:05.880
<v Speaker 2>recognize me? He just saw me two weeks ago. He's

0:24:05.920 --> 0:24:08.240
<v Speaker 2>the one that told me to change my appearance. Little

0:24:08.280 --> 0:24:11.840
<v Speaker 2>did I know that was going to be used against me.

0:24:12.160 --> 0:24:15.040
<v Speaker 2>They used that as a sign of a consciousness of guilt.

0:24:15.280 --> 0:24:18.760
<v Speaker 1>So later on Curio and identifying you in the live lineup,

0:24:18.840 --> 0:24:21.080
<v Speaker 1>he went on to testify that he had just recognized

0:24:21.119 --> 0:24:24.480
<v Speaker 1>John from the photo race and in referring to Riggs, quote,

0:24:25.119 --> 0:24:28.359
<v Speaker 1>I already knew who he was looking for. End quote.

0:24:28.880 --> 0:24:32.040
<v Speaker 1>Now you two are on your way to be tried together,

0:24:32.119 --> 0:24:34.199
<v Speaker 1>and Chad Landrum has already been convicted and sentenced to

0:24:34.240 --> 0:24:38.320
<v Speaker 1>life without the possibility of parole. Amazingly, Landrum reached out

0:24:38.359 --> 0:24:41.399
<v Speaker 1>to Ed's family because he wanted to come clean about

0:24:41.440 --> 0:24:42.800
<v Speaker 1>the Alarchan drive by.

0:24:43.119 --> 0:24:45.600
<v Speaker 3>He wanted to testify in the case. And my Lord

0:24:45.640 --> 0:24:47.600
<v Speaker 3>did bring him down to our trial or it was

0:24:47.640 --> 0:24:51.080
<v Speaker 3>maybe a pre trial pullust or something, and they never

0:24:51.160 --> 0:24:54.400
<v Speaker 3>got his statement. It didn't give him a chance to

0:24:54.440 --> 0:24:56.240
<v Speaker 3>testify or confess.

0:24:56.680 --> 0:24:58.880
<v Speaker 1>From what I've read, there's a reason why he didn't

0:24:58.920 --> 0:25:02.719
<v Speaker 1>get that chance. He was actually brought down to the courthouse.

0:25:02.880 --> 0:25:05.840
<v Speaker 2>What happened, Yeah, I guess he got into it or

0:25:05.880 --> 0:25:08.800
<v Speaker 2>something with someone. I think it was on the bus

0:25:08.920 --> 0:25:12.080
<v Speaker 2>or not too sure, but he ended up stabbing him

0:25:12.080 --> 0:25:15.880
<v Speaker 2>in the courthouse tank and that was the end of that.

0:25:16.440 --> 0:25:19.560
<v Speaker 1>So you're one shot at getting around the false testimony

0:25:19.560 --> 0:25:24.320
<v Speaker 1>of Alvarez, and this protested identification just got dragged away

0:25:24.520 --> 0:25:29.080
<v Speaker 1>for acting out violently again stabbing another guy. And then

0:25:29.119 --> 0:25:31.480
<v Speaker 1>you go to trial in La County Superior Court and

0:25:31.520 --> 0:25:33.919
<v Speaker 1>no one brought up Landrum's involvement or went again an

0:25:33.920 --> 0:25:37.439
<v Speaker 1>affidavit nothing. So Ed was represented by Walter Urban and

0:25:37.480 --> 0:25:41.399
<v Speaker 1>John by Frank Dajacomo. The prosecutor was Valerie Cole, and

0:25:41.560 --> 0:25:44.040
<v Speaker 1>so the prosecution's theory was that Ed, John and a

0:25:44.160 --> 0:25:46.920
<v Speaker 1>third Londale thirteen gang member were in the dark green car.

0:25:47.119 --> 0:25:49.919
<v Speaker 1>John was in the front passenger seat, Ed was in

0:25:49.960 --> 0:25:52.480
<v Speaker 1>the back seat, and Ed was the shooter. So they

0:25:52.560 --> 0:25:56.240
<v Speaker 1>never caught up with this alleged driver. Right, John allegedly

0:25:56.400 --> 0:25:59.439
<v Speaker 1>shouted an epithet about the Little Watch gang. This was

0:25:59.480 --> 0:26:02.919
<v Speaker 1>allegedly retaliation for this other shooting. But of course this

0:26:03.200 --> 0:26:06.760
<v Speaker 1>entire theory came from Santo Alvarez who was deflecting the

0:26:06.840 --> 0:26:10.639
<v Speaker 1>blame from his own crew. What was presented by the

0:26:10.680 --> 0:26:13.800
<v Speaker 1>prosecution to support this wacky ass theory.

0:26:14.000 --> 0:26:18.439
<v Speaker 4>The prosecution was entirely dependent on pre trial statements of

0:26:18.560 --> 0:26:24.000
<v Speaker 4>Santo Alvarez and the pre trial identification of Curio. At

0:26:24.040 --> 0:26:29.359
<v Speaker 4>the actual trial, Curio did not identify either Ed or John.

0:26:29.640 --> 0:26:33.280
<v Speaker 4>He specifically testified that the only reason he made the

0:26:33.320 --> 0:26:36.840
<v Speaker 4>pre trial identification was because he was, you know, kind

0:26:36.840 --> 0:26:39.680
<v Speaker 4>of pressure to and he gave the whole story about

0:26:39.720 --> 0:26:42.280
<v Speaker 4>how the police pointed out the pictures and said, hey,

0:26:42.280 --> 0:26:45.080
<v Speaker 4>this guy's bragging about it, this guy was in the

0:26:45.080 --> 0:26:48.120
<v Speaker 4>front seat, this guy's a shooter, or all that. So

0:26:48.560 --> 0:26:51.959
<v Speaker 4>the jurors weren't basing their verdict on what the testimony

0:26:52.000 --> 0:26:53.960
<v Speaker 4>in front of them. They were basing their verdict on

0:26:54.000 --> 0:26:57.600
<v Speaker 4>the statements made outside of their presence. Same thing with Payaso.

0:26:57.640 --> 0:26:59.800
<v Speaker 4>When he gets into trial, he's like, I don't know,

0:27:00.040 --> 0:27:01.960
<v Speaker 4>I don't know, I don't know what I said, might

0:27:02.000 --> 0:27:06.560
<v Speaker 4>have said whatever. So they use the tape recording of

0:27:06.920 --> 0:27:10.520
<v Speaker 4>the statement that Paiasso made to Rigs and by the way,

0:27:10.640 --> 0:27:13.840
<v Speaker 4>they rehearsed it before they did the official tape. Right

0:27:13.880 --> 0:27:16.400
<v Speaker 4>they talked to him off record, and then they put

0:27:16.400 --> 0:27:19.120
<v Speaker 4>the tape on and they talked to them, and so

0:27:19.160 --> 0:27:22.040
<v Speaker 4>the jurors were told, hey, look it, this is a

0:27:22.080 --> 0:27:25.320
<v Speaker 4>gang case. Piasso doesn't want to come in here and

0:27:25.400 --> 0:27:27.680
<v Speaker 4>rat out his homies. So you can believe what he

0:27:27.760 --> 0:27:30.360
<v Speaker 4>said to Riggs when he's trying to get out of custody,

0:27:30.920 --> 0:27:35.120
<v Speaker 4>and Curiol, poor Curial, he's being intimidated and threatened by

0:27:35.160 --> 0:27:37.359
<v Speaker 4>all these gang members. So that's why he's not going

0:27:37.480 --> 0:27:39.639
<v Speaker 4>to say it in front of you all. But he

0:27:39.680 --> 0:27:42.000
<v Speaker 4>looked what he said to the cops. You know, he

0:27:42.040 --> 0:27:45.320
<v Speaker 4>made this idea, and that was the entirety of the

0:27:45.359 --> 0:27:49.679
<v Speaker 4>prosecutor's case. And the other thing she did, without any

0:27:49.760 --> 0:27:53.359
<v Speaker 4>legitimate basis for doing so, is she made every single

0:27:53.400 --> 0:27:56.840
<v Speaker 4>one of the alibi witnesses look like liars and made

0:27:56.880 --> 0:28:00.600
<v Speaker 4>it sound like the alibi was this last minute defense

0:28:00.800 --> 0:28:05.359
<v Speaker 4>that defense lawyers put together at the very end, when

0:28:05.520 --> 0:28:10.400
<v Speaker 4>John's mother had presented the lawyers with line by line,

0:28:10.560 --> 0:28:14.800
<v Speaker 4>minute by minute timeline of where everybody was, who showed up, when,

0:28:14.880 --> 0:28:17.520
<v Speaker 4>who left, when, the names, the phone numbers and all

0:28:17.560 --> 0:28:21.080
<v Speaker 4>of that the day she hired John's lawyer, So the

0:28:21.160 --> 0:28:23.679
<v Speaker 4>alibi was known right from the get go, but the

0:28:23.760 --> 0:28:27.120
<v Speaker 4>jurors were misled into believing it was all some fabrication

0:28:27.359 --> 0:28:29.000
<v Speaker 4>by the tricky defense lawyers.

0:28:29.480 --> 0:28:31.800
<v Speaker 1>I mean, I can see how you could impeach alibi

0:28:31.800 --> 0:28:34.200
<v Speaker 1>witnesses as friends and loved ones, or as they did

0:28:34.200 --> 0:28:37.080
<v Speaker 1>in this case, fellow gang members and friends of lou

0:28:37.160 --> 0:28:40.040
<v Speaker 1>till thirteen. So the message is that everyone is gang

0:28:40.080 --> 0:28:43.120
<v Speaker 1>related and therefore lying. But your lawyer could have backed

0:28:43.160 --> 0:28:46.480
<v Speaker 1>up the alibi with phone records. It's not that complicated.

0:28:46.480 --> 0:28:49.480
<v Speaker 1>It but even without that support though, from what I understand,

0:28:49.520 --> 0:28:53.240
<v Speaker 1>the one witness that was used in this corrupt identification process, Curiel,

0:28:53.760 --> 0:28:56.560
<v Speaker 1>was adamant that he did not stand by this identification.

0:28:56.760 --> 0:28:59.200
<v Speaker 1>Did he really take off his glasses to demonstrate how

0:28:59.240 --> 0:29:02.840
<v Speaker 1>bad his vision was, because that would have been pretty powerful.

0:29:03.400 --> 0:29:05.440
<v Speaker 1>Does anyone remember that? Yeah?

0:29:05.880 --> 0:29:08.880
<v Speaker 2>I remember that he took off his glasses in court

0:29:09.200 --> 0:29:12.800
<v Speaker 2>and couldn't see anything. I mean, you could tell he

0:29:12.800 --> 0:29:15.160
<v Speaker 2>couldn't see anything. You know when when someone I can

0:29:15.200 --> 0:29:17.720
<v Speaker 2>take off my glasses and you can tell I need

0:29:17.800 --> 0:29:20.760
<v Speaker 2>them just by looking at me. So, I mean, it

0:29:20.840 --> 0:29:21.920
<v Speaker 2>was amazing, man, it was.

0:29:22.920 --> 0:29:23.600
<v Speaker 1>It was crazy.

0:29:24.000 --> 0:29:26.720
<v Speaker 3>Another thing that I remember happening with the district attorney.

0:29:26.840 --> 0:29:28.959
<v Speaker 3>She said that I gave him my thumbs up.

0:29:29.320 --> 0:29:32.320
<v Speaker 1>Yeah. I read about that to Curio like as if

0:29:32.320 --> 0:29:33.440
<v Speaker 1>he was helping you out.

0:29:33.680 --> 0:29:36.840
<v Speaker 3>And I'm curious, now she's ever used that tactic against

0:29:36.840 --> 0:29:41.160
<v Speaker 3>other defendants, because the whole courtroom focused on me, and

0:29:41.200 --> 0:29:43.280
<v Speaker 3>this is did you just give the guy a thumbs up?

0:29:43.320 --> 0:29:45.640
<v Speaker 3>And open court room? Now mine? He wasn't doing me

0:29:45.680 --> 0:29:48.000
<v Speaker 3>any favors. There was no reason, and I did not

0:29:48.080 --> 0:29:50.240
<v Speaker 3>give him a thumbs up. I'm looking at the jury

0:29:50.400 --> 0:29:55.920
<v Speaker 3>like I did not. But it was effective. Yeah, that

0:29:56.040 --> 0:29:56.920
<v Speaker 3>was that was dirty.

0:29:57.480 --> 0:30:00.400
<v Speaker 1>It sounds like they were just running the disgraceful place book.

0:30:00.560 --> 0:30:02.800
<v Speaker 1>I mean, part of Curiro's testimony was that the cops

0:30:02.880 --> 0:30:05.200
<v Speaker 1>just convinced him that they had the right guys, and

0:30:05.280 --> 0:30:08.280
<v Speaker 1>at that time, everyone believed the police right. And then

0:30:08.320 --> 0:30:10.040
<v Speaker 1>all they had to do was say gang and gang

0:30:10.080 --> 0:30:13.000
<v Speaker 1>member enough times and it's almost like Pavlov's dog. It

0:30:13.000 --> 0:30:16.200
<v Speaker 1>just almost a knee jerk reaction from the jury to say, okay, great,

0:30:16.200 --> 0:30:19.000
<v Speaker 1>when do I get to vote guilty. The alibis and

0:30:19.040 --> 0:30:22.560
<v Speaker 1>the witness protesting the identification just didn't seem to matter

0:30:22.600 --> 0:30:22.920
<v Speaker 1>at all.

0:30:23.200 --> 0:30:24.440
<v Speaker 2>You got it one hundred percent.

0:30:24.760 --> 0:30:27.360
<v Speaker 3>And then though that thumbs up in there if I.

0:30:27.280 --> 0:30:29.880
<v Speaker 4>Could jump in on that point. And in LA they

0:30:29.920 --> 0:30:33.760
<v Speaker 4>created this hardcore gang unit in the late eighties I

0:30:33.760 --> 0:30:37.360
<v Speaker 4>believe it was eighty eight or eighty nine, and the

0:30:37.440 --> 0:30:40.600
<v Speaker 4>whole purpose of that hardcore gang unit was like, damn,

0:30:40.720 --> 0:30:43.880
<v Speaker 4>it's hard to prove these cases because everybody's a liar

0:30:43.960 --> 0:30:47.520
<v Speaker 4>and everybody has baggage, and we don't have good witnesses.

0:30:47.720 --> 0:30:50.080
<v Speaker 4>We got to figure out a way. And basically what

0:30:50.120 --> 0:30:53.080
<v Speaker 4>they did was they created this unit where they recruited

0:30:53.240 --> 0:30:56.400
<v Speaker 4>all these over zealous prosecutors and say, hey, you get

0:30:56.400 --> 0:30:58.280
<v Speaker 4>to be the shining star here and you can make

0:30:58.320 --> 0:31:00.719
<v Speaker 4>these cases that nobody else can make. And then they

0:31:00.720 --> 0:31:03.720
<v Speaker 4>gave them strategies for how to do that. How do

0:31:03.920 --> 0:31:06.239
<v Speaker 4>what's the work around when you really can't prove your

0:31:06.240 --> 0:31:09.440
<v Speaker 4>case beyond a reasonable doubt, Just say gang, gang, Gang, Gang, gang,

0:31:09.480 --> 0:31:12.680
<v Speaker 4>as many times as you can make everything be about

0:31:13.080 --> 0:31:16.320
<v Speaker 4>scaring the hell out of the jurors and making them

0:31:16.400 --> 0:31:19.120
<v Speaker 4>think that whoever sitting in the defenden seat is the

0:31:19.160 --> 0:31:22.280
<v Speaker 4>worst person in the world just because they happened to

0:31:22.400 --> 0:31:26.240
<v Speaker 4>have affiliated with a gang for whatever reason, and regardless

0:31:26.280 --> 0:31:29.080
<v Speaker 4>of their level of involvement, Let's get them off the street.

0:31:29.200 --> 0:31:30.200
<v Speaker 4>Evidence be damned.

0:31:30.480 --> 0:31:32.960
<v Speaker 1>Even their use of the word homies. I mean, that's

0:31:33.000 --> 0:31:35.400
<v Speaker 1>a racist dog whistle if I ever heard one.

0:31:36.120 --> 0:31:39.320
<v Speaker 2>I saw the gang gang gang push by the prosecutor,

0:31:39.480 --> 0:31:42.520
<v Speaker 2>by the you know, by the detectives. You know, I

0:31:42.560 --> 0:31:46.080
<v Speaker 2>saw my lawyer not do a good job at all.

0:31:46.360 --> 0:31:50.000
<v Speaker 2>The combination of all those things. I felt my life

0:31:50.040 --> 0:31:51.000
<v Speaker 2>slipping away from.

0:31:50.840 --> 0:31:54.520
<v Speaker 3>Me when they read the verdict. I remember they heard,

0:31:54.920 --> 0:31:58.800
<v Speaker 3>you know, my family, my mom welling. I remember looking

0:31:58.840 --> 0:32:01.120
<v Speaker 3>up at the lights in the court room trying to not,

0:32:01.480 --> 0:32:03.880
<v Speaker 3>you know, let no tears come out. Man.

0:32:04.040 --> 0:32:07.240
<v Speaker 2>I think I probably did shed a couple tears. You know,

0:32:07.840 --> 0:32:10.160
<v Speaker 2>people talk about the worst moment in their life, that

0:32:10.320 --> 0:32:12.360
<v Speaker 2>was for sure the worst moment right there.

0:32:27.520 --> 0:32:29.680
<v Speaker 3>You know, I get to prison on brand new. I

0:32:30.360 --> 0:32:33.680
<v Speaker 3>don't know what to expect. I know that I'm surrounded

0:32:33.680 --> 0:32:40.960
<v Speaker 3>by a bunch of guys that are violent, angry, confrontational,

0:32:41.880 --> 0:32:44.920
<v Speaker 3>and so I'm navigating through that. You got to walk

0:32:44.960 --> 0:32:47.720
<v Speaker 3>on eggshells to be sure. And I used to work

0:32:47.760 --> 0:32:49.520
<v Speaker 3>out a lot because if I did end up having

0:32:49.560 --> 0:32:51.560
<v Speaker 3>to get into a confrontation, I wanted to be able

0:32:51.600 --> 0:32:54.040
<v Speaker 3>to defend myself, and so I used to work out

0:32:54.040 --> 0:32:56.000
<v Speaker 3>for three hours a day. In the beginning.

0:32:56.840 --> 0:33:00.120
<v Speaker 2>I tell people this story all the time, like my

0:33:00.240 --> 0:33:03.960
<v Speaker 2>kind of welcome to prison moment. I'm scared, but I'm

0:33:03.960 --> 0:33:06.800
<v Speaker 2>also trying not to show fear. You know, that's not

0:33:06.880 --> 0:33:11.640
<v Speaker 2>a good idea in prison. I'm walking on the yard

0:33:12.200 --> 0:33:15.920
<v Speaker 2>some guys sitting down on a curb, and as I'm walking, I'm,

0:33:15.960 --> 0:33:18.880
<v Speaker 2>you know, probably a foot or two away from him,

0:33:19.280 --> 0:33:23.280
<v Speaker 2>and a guy comes up behind him and just slices

0:33:23.320 --> 0:33:27.040
<v Speaker 2>his whole face open, from like his lip to his ear.

0:33:28.040 --> 0:33:31.200
<v Speaker 2>And just seeing that happen, like, you know, a foot

0:33:31.200 --> 0:33:36.440
<v Speaker 2>away from me, it was like, where the fuck am I? So,

0:33:36.880 --> 0:33:39.320
<v Speaker 2>like Ed said, it's just survival.

0:33:38.760 --> 0:33:39.440
<v Speaker 1>Mode, that's it.

0:33:40.440 --> 0:33:42.960
<v Speaker 3>As soon as I could, I started to read books,

0:33:43.840 --> 0:33:46.280
<v Speaker 3>and then I learned that, you know, the way the

0:33:46.320 --> 0:33:50.040
<v Speaker 3>criminal appeal process works is your lawyer is gonna dump

0:33:50.080 --> 0:33:52.240
<v Speaker 3>the case on you, and then it's going to be

0:33:52.280 --> 0:33:55.680
<v Speaker 3>on you to represent yourself. And that's when I started

0:33:55.680 --> 0:33:57.720
<v Speaker 3>to go into the library. I wouldn't go to the yard.

0:33:57.760 --> 0:33:59.920
<v Speaker 3>I would go to the library instead, because you go

0:34:00.080 --> 0:34:03.240
<v Speaker 3>me chose one of the other. And started to learn

0:34:03.240 --> 0:34:08.719
<v Speaker 3>the law. And then I found myself in solitary and

0:34:08.880 --> 0:34:11.200
<v Speaker 3>I had to try to figure out way how am

0:34:11.200 --> 0:34:13.800
<v Speaker 3>I going to get out of solitary was? I started

0:34:13.840 --> 0:34:18.960
<v Speaker 3>to study solitary confinement cases and I put together a

0:34:19.000 --> 0:34:22.359
<v Speaker 3>memorandum of law on why lawyers should come to California

0:34:22.400 --> 0:34:27.720
<v Speaker 3>and challenge long term solitary confinement. And in those efforts

0:34:28.080 --> 0:34:32.320
<v Speaker 3>I managed to meet Professor Jose Lobel from the University

0:34:32.360 --> 0:34:35.600
<v Speaker 3>of Pittsburgh. It was through his student Brett grow who's

0:34:35.840 --> 0:34:38.719
<v Speaker 3>now the director of the Abolitionist Law Center. They read

0:34:38.719 --> 0:34:42.480
<v Speaker 3>my memorandum, they researched it, and they decided to come

0:34:42.520 --> 0:34:47.520
<v Speaker 3>to California follow a class action, and that case settled

0:34:47.560 --> 0:34:51.560
<v Speaker 3>in twenty fifteen, twenty fourteen. And you know, I was

0:34:51.600 --> 0:34:55.040
<v Speaker 3>partly responsible for getting guys that had been in there

0:34:55.080 --> 0:35:00.560
<v Speaker 3>for thirty five years, twenty eight years, twenty seven years. Myself,

0:35:00.600 --> 0:35:03.480
<v Speaker 3>I was there for thirteen years. It is one of

0:35:03.560 --> 0:35:06.520
<v Speaker 3>the things that I've done in my life that I

0:35:06.640 --> 0:35:10.640
<v Speaker 3>still feel the rewards of because today there's people that

0:35:10.680 --> 0:35:15.040
<v Speaker 3>are outside and seeing the sky, seeing their family, and

0:35:15.080 --> 0:35:18.120
<v Speaker 3>that is due to the work that I did. Obviously,

0:35:18.200 --> 0:35:20.160
<v Speaker 3>I wasn't acted alone. I had there was a team

0:35:20.200 --> 0:35:24.120
<v Speaker 3>of lawyers. But I put in the work and it

0:35:24.160 --> 0:35:24.719
<v Speaker 3>paid off.

0:35:25.719 --> 0:35:28.120
<v Speaker 1>Well. You should be very proud of that, and as

0:35:28.200 --> 0:35:30.799
<v Speaker 1>part of that settlement, California can no longer put a

0:35:30.800 --> 0:35:34.160
<v Speaker 1>prisoner in solitary confinement for indeterminate periods. In Ed's case,

0:35:34.200 --> 0:35:37.640
<v Speaker 1>it was thirteen years with no end in sight, simply

0:35:37.680 --> 0:35:42.160
<v Speaker 1>based upon alleged gang membership. So now that you fought

0:35:42.160 --> 0:35:44.600
<v Speaker 1>your way out of the prison. Within the prison, let's

0:35:44.600 --> 0:35:47.280
<v Speaker 1>get to how you guys are here speaking with us today.

0:35:47.680 --> 0:35:51.000
<v Speaker 1>So your initial appeals were denied. As far as I

0:35:51.000 --> 0:35:53.240
<v Speaker 1>could see here, there's no real movement on this until

0:35:53.440 --> 0:35:56.560
<v Speaker 1>Landrum once again reached out to Ed's family, saying that

0:35:56.600 --> 0:36:00.480
<v Speaker 1>he wanted to confess to murdering Alarcon. Right, we knew

0:36:00.520 --> 0:36:02.680
<v Speaker 1>this already, but I guess he hadn't ever gone on

0:36:02.719 --> 0:36:07.120
<v Speaker 1>the record about it and wasn't exactly easily reachable. He

0:36:07.320 --> 0:36:10.280
<v Speaker 1>was also by this time in solitary doing life without parole.

0:36:10.400 --> 0:36:11.600
<v Speaker 1>So John, take us through this.

0:36:12.160 --> 0:36:15.000
<v Speaker 2>My friend told me when I got convicted, like, I'm

0:36:15.000 --> 0:36:16.600
<v Speaker 2>going to get you a lawyer. I don't care how

0:36:16.600 --> 0:36:20.439
<v Speaker 2>long it takes, you know, once I can afford one,

0:36:20.719 --> 0:36:22.800
<v Speaker 2>I'm going to get you one. So when this stuff

0:36:22.840 --> 0:36:26.040
<v Speaker 2>came up with Landrum, that's when I talked to my

0:36:26.120 --> 0:36:28.320
<v Speaker 2>best friend and I told him, you know, now's the time,

0:36:28.400 --> 0:36:31.200
<v Speaker 2>you know, this guy's coming forward and confessing, like we

0:36:31.280 --> 0:36:34.239
<v Speaker 2>need to get a lawyer, and thank god we got

0:36:34.280 --> 0:36:34.640
<v Speaker 2>deir Dr.

0:36:35.360 --> 0:36:38.840
<v Speaker 4>John's friend reached out to me in May of twenty twelve,

0:36:39.360 --> 0:36:43.520
<v Speaker 4>and what had happened prior to that was Chad Landrum

0:36:44.000 --> 0:36:48.360
<v Speaker 4>had written out a confession and provided it to Ed's

0:36:48.400 --> 0:36:51.560
<v Speaker 4>family and then Ed used it to file his own

0:36:51.640 --> 0:36:55.880
<v Speaker 4>habeas petition, but he didn't have any resources or a

0:36:56.000 --> 0:36:58.280
<v Speaker 4>lawyer to help him, so it was just the paper

0:36:58.360 --> 0:37:02.160
<v Speaker 4>that went in and the juds just dismissed it without

0:37:02.200 --> 0:37:06.160
<v Speaker 4>any thoughtful analysis at all. So when John's friend reached

0:37:06.160 --> 0:37:08.000
<v Speaker 4>out to me, the first thing we did is we

0:37:08.040 --> 0:37:11.680
<v Speaker 4>scheduled a trip to Pelican Bay to meet with Chad

0:37:11.760 --> 0:37:14.680
<v Speaker 4>Landrum and Ed Dunbriky. Both of them were in the

0:37:14.680 --> 0:37:17.960
<v Speaker 4>shoe unit and they had no ability to communicate with

0:37:18.000 --> 0:37:20.480
<v Speaker 4>one another. My sense of it was if there was

0:37:20.600 --> 0:37:24.080
<v Speaker 4>merit to Chad Landrum's confession, we needed to do a

0:37:24.120 --> 0:37:27.399
<v Speaker 4>lot more work to build it up, and so we

0:37:27.600 --> 0:37:30.719
<v Speaker 4>asked all kinds of details, including who else would have

0:37:30.840 --> 0:37:34.279
<v Speaker 4>known back in the day about Chad's role in this

0:37:34.600 --> 0:37:39.040
<v Speaker 4>killing and the details he had not a single note

0:37:39.080 --> 0:37:41.680
<v Speaker 4>in front of him reminding him about any of the

0:37:41.680 --> 0:37:45.680
<v Speaker 4>details of the case, and he could give me specific

0:37:45.800 --> 0:37:50.040
<v Speaker 4>information consistent with the police report, including the fact that

0:37:50.200 --> 0:37:53.200
<v Speaker 4>he got out of the car and shot alar Khan.

0:37:53.520 --> 0:37:56.200
<v Speaker 4>There were only two witnesses that saw that they were

0:37:56.239 --> 0:37:59.040
<v Speaker 4>women across the street, and they were never used in

0:37:59.120 --> 0:38:01.360
<v Speaker 4>the trial, so none of that was in the trial record.

0:38:01.960 --> 0:38:04.160
<v Speaker 4>All of the people from the auto body shop never

0:38:04.239 --> 0:38:06.800
<v Speaker 4>saw anybody out of the car because the car doesn't

0:38:06.800 --> 0:38:09.480
<v Speaker 4>come into their line of sight until after the shooting

0:38:09.560 --> 0:38:12.759
<v Speaker 4>is done. He also knew that Alercan was shot with

0:38:12.920 --> 0:38:16.200
<v Speaker 4>different types of bullets. That was a fact that, although

0:38:16.239 --> 0:38:18.600
<v Speaker 4>it was contained in the records, would not be something

0:38:18.600 --> 0:38:22.040
<v Speaker 4>that some random person would have known about. So there

0:38:22.120 --> 0:38:25.719
<v Speaker 4>was a lot of key points in Chad Landrum's statements

0:38:25.920 --> 0:38:28.960
<v Speaker 4>to me that made me think that he probably was

0:38:29.040 --> 0:38:31.600
<v Speaker 4>telling the truth, And so I asked him to tell

0:38:31.640 --> 0:38:34.160
<v Speaker 4>me confirmation as to who else knew back then, and

0:38:34.200 --> 0:38:36.880
<v Speaker 4>he told me his brother knew, and we followed up

0:38:36.880 --> 0:38:38.440
<v Speaker 4>and talked to the brother, and the brother gave us

0:38:38.440 --> 0:38:41.200
<v Speaker 4>all kinds of information, And I also asked Chad if

0:38:41.239 --> 0:38:44.080
<v Speaker 4>he would take a polygraph, and he immediately agreed to,

0:38:44.600 --> 0:38:47.040
<v Speaker 4>but the prison wouldn't allow us to go up there,

0:38:47.200 --> 0:38:49.279
<v Speaker 4>and so then, you know, all of the places you

0:38:49.320 --> 0:38:53.880
<v Speaker 4>would go logically in an investigation like this, including contacting

0:38:54.000 --> 0:38:56.719
<v Speaker 4>Curiel stop by his work out of the blue, and

0:38:56.719 --> 0:38:59.160
<v Speaker 4>he agrees to talk to us at an eyehap as

0:38:59.160 --> 0:39:00.919
<v Speaker 4>soon as he gets off of work, and he lays

0:39:00.960 --> 0:39:04.640
<v Speaker 4>it all out. He tells us consistent with his recantation, everything,

0:39:04.880 --> 0:39:07.640
<v Speaker 4>and it's all on tape, so nobody can say we

0:39:07.719 --> 0:39:10.120
<v Speaker 4>put words in his mouth or anything. And then we

0:39:10.160 --> 0:39:12.400
<v Speaker 4>did the same thing with all the alibi witnesses to

0:39:12.480 --> 0:39:15.640
<v Speaker 4>find out, you know, was there more that could have

0:39:15.719 --> 0:39:18.800
<v Speaker 4>been done to show that they were telling the truth,

0:39:19.120 --> 0:39:22.520
<v Speaker 4>including the logical things like phone records and other people

0:39:22.600 --> 0:39:25.319
<v Speaker 4>who could corroborate what they said. And it all fell

0:39:25.320 --> 0:39:27.720
<v Speaker 4>into place, and it was like I remember talking to John.

0:39:28.000 --> 0:39:31.919
<v Speaker 4>You know, we filed our brief in three months after investigation,

0:39:32.280 --> 0:39:34.640
<v Speaker 4>and we felt like, this is a no brainer. He

0:39:34.680 --> 0:39:35.760
<v Speaker 4>should be out that year.

0:39:36.080 --> 0:39:38.800
<v Speaker 1>I think that's how we all hope our system works,

0:39:38.800 --> 0:39:42.279
<v Speaker 1>but unfortunately that's not how it usually goes, and this

0:39:42.440 --> 0:39:46.400
<v Speaker 1>was no exception. So John's habeas was filed in October

0:39:46.560 --> 0:39:50.760
<v Speaker 1>twenty twelve. He presented all this material, and like you said,

0:39:51.040 --> 0:39:54.480
<v Speaker 1>it was a no brainer. In twenty thirteen, Landram made

0:39:54.480 --> 0:39:57.680
<v Speaker 1>a formal confession on the record, then ed joined the

0:39:57.719 --> 0:40:00.200
<v Speaker 1>Havieus as well. So it seems like they're there's a

0:40:00.239 --> 0:40:03.080
<v Speaker 1>lot of momentum. And in an effort to further support

0:40:03.160 --> 0:40:07.040
<v Speaker 1>Landrum's confession, you reached out to his co defendant on

0:40:07.120 --> 0:40:11.719
<v Speaker 1>the Richard Daily Murder, another wrongfully convicted person, Susan Mallon Right.

0:40:11.760 --> 0:40:15.120
<v Speaker 4>So we went and visited her. There were some delays

0:40:15.160 --> 0:40:18.320
<v Speaker 4>along the way because she was being represented by someone else,

0:40:18.600 --> 0:40:21.480
<v Speaker 4>but a year later I ended up representing her and

0:40:21.640 --> 0:40:25.200
<v Speaker 4>in a lot of what I needed to prove her

0:40:25.320 --> 0:40:28.960
<v Speaker 4>innocence overlapped with what I needed to prove for John

0:40:29.120 --> 0:40:32.240
<v Speaker 4>and ultimately ed because there were so many witnesses in common,

0:40:32.280 --> 0:40:36.000
<v Speaker 4>and representing Susan gave me access to witnesses that I

0:40:36.040 --> 0:40:37.279
<v Speaker 4>didn't have before that.

0:40:37.560 --> 0:40:40.759
<v Speaker 1>So this is twenty fourteen, Landram and even Alvarez one

0:40:40.760 --> 0:40:42.919
<v Speaker 1>on the record confessing to their roles in the Daily

0:40:43.040 --> 0:40:46.840
<v Speaker 1>Murder and clearing Susan of any responsibility. And after seventeen

0:40:46.920 --> 0:40:52.000
<v Speaker 1>years in prison, seventeen long years, Susan's conviction was vacated

0:40:52.160 --> 0:40:55.520
<v Speaker 1>charges were dismissed, and she went on to sue Marcello

0:40:55.600 --> 0:40:58.560
<v Speaker 1>win and won twelve million. Good for her, So we're

0:40:58.960 --> 0:41:01.920
<v Speaker 1>obviously very happy for Susan. That seemed to be our

0:41:02.000 --> 0:41:07.359
<v Speaker 1>system operating at the speed that it should, I mean,

0:41:07.480 --> 0:41:11.359
<v Speaker 1>notwithstanding the seventeen long years wrongfully incarcerated, but for John

0:41:11.400 --> 0:41:14.160
<v Speaker 1>and Ed. There was a court order in November of

0:41:14.200 --> 0:41:17.360
<v Speaker 1>twenty twelve for the DA to respond to this habeas petition.

0:41:18.160 --> 0:41:19.280
<v Speaker 1>What happened, Deirdre?

0:41:19.760 --> 0:41:23.120
<v Speaker 4>There was one delay after another. There was transfers of

0:41:23.239 --> 0:41:26.279
<v Speaker 4>district attorneys and all kinds of stuff that just a

0:41:26.360 --> 0:41:29.080
<v Speaker 4>month turned into six month, turned into a year, turned

0:41:29.120 --> 0:41:35.200
<v Speaker 4>into five years. And it's hard. I can't even imagine,

0:41:35.760 --> 0:41:42.799
<v Speaker 4>excuse meey, what it's like for these guys to have

0:41:42.840 --> 0:41:45.080
<v Speaker 4>to count on a lawyer on the outside saying, don't worry,

0:41:45.120 --> 0:41:46.799
<v Speaker 4>I got you back. I'm I'm going to do this,

0:41:46.880 --> 0:41:48.080
<v Speaker 4>you know, I'm going to get it taken care of,

0:41:48.440 --> 0:41:51.439
<v Speaker 4>when they have been disappointed every step of the way,

0:41:52.920 --> 0:41:55.360
<v Speaker 4>and I, you know, my experience of it is like,

0:41:55.560 --> 0:41:58.319
<v Speaker 4>you know, the frustration I feel on my end can't

0:41:58.360 --> 0:42:01.680
<v Speaker 4>even begin to compere to what these guys are going through.

0:42:02.120 --> 0:42:04.920
<v Speaker 1>Right. Imagine having the keys to the prison gate staring

0:42:04.960 --> 0:42:07.440
<v Speaker 1>you in the face for eight years before the district

0:42:07.480 --> 0:42:10.839
<v Speaker 1>attorney or the courts even pretend to not ignore them.

0:42:10.960 --> 0:42:13.120
<v Speaker 1>It wasn't until twenty twenty that a judge finally made

0:42:13.120 --> 0:42:15.360
<v Speaker 1>a ruling that amounts to basically a brain fart of

0:42:15.360 --> 0:42:19.200
<v Speaker 1>a man in cognitive decline. So tell us about this judge,

0:42:19.280 --> 0:42:22.520
<v Speaker 1>Edmund Clark Junior, and how this thing finally turned around.

0:42:23.239 --> 0:42:25.600
<v Speaker 4>So it was clear we weren't going to be able

0:42:25.640 --> 0:42:30.200
<v Speaker 4>to force anybody's hand until we filed this supplemental brief.

0:42:30.400 --> 0:42:32.560
<v Speaker 4>And I mean this is this brief because of all

0:42:32.600 --> 0:42:35.560
<v Speaker 4>of the evidence that was developed during Susan Mellon's case

0:42:35.680 --> 0:42:38.760
<v Speaker 4>was even stronger than what we had, and we had

0:42:39.040 --> 0:42:41.920
<v Speaker 4>a clear winner from the beginning. But it lands in

0:42:41.960 --> 0:42:45.960
<v Speaker 4>the hands of a judge who couldn't care less, and

0:42:46.080 --> 0:42:50.000
<v Speaker 4>in a heartbeat, without any hearing or anything, he denies it.

0:42:50.080 --> 0:42:54.520
<v Speaker 4>He characterizes it as a pro say pro per petition.

0:42:54.600 --> 0:42:57.040
<v Speaker 4>When I have my name all over it, it's clear

0:42:57.480 --> 0:42:59.799
<v Speaker 4>I'm representing him and I had already been on the

0:43:00.520 --> 0:43:04.279
<v Speaker 4>and he completely distorted the history of it and made

0:43:04.320 --> 0:43:06.799
<v Speaker 4>it sound like it was a brand new petition. That

0:43:06.920 --> 0:43:11.600
<v Speaker 4>was relitigating issues that had already been decided against John.

0:43:12.120 --> 0:43:16.160
<v Speaker 4>So he dismissed it and then he retired soon after that.

0:43:16.440 --> 0:43:20.440
<v Speaker 4>So I file two motions, one for reconsideration and one

0:43:20.760 --> 0:43:23.799
<v Speaker 4>for a ruling on the original petition. And either way

0:43:23.840 --> 0:43:25.680
<v Speaker 4>we were prepared to go to the Court of appeal.

0:43:25.719 --> 0:43:27.359
<v Speaker 4>That's where we thought we were going to end up.

0:43:27.640 --> 0:43:30.960
<v Speaker 4>But fortunately the judge who took the other judge's place

0:43:31.239 --> 0:43:34.160
<v Speaker 4>really was concerned that this might be a case involving

0:43:34.160 --> 0:43:37.360
<v Speaker 4>innocent people, and she told the DA you're going to

0:43:37.440 --> 0:43:40.600
<v Speaker 4>need to commit get yourself on paper, tell me what

0:43:40.640 --> 0:43:42.839
<v Speaker 4>your position is on this case, because if these are

0:43:42.840 --> 0:43:45.800
<v Speaker 4>innocent people, we have to deal with it. And once

0:43:45.920 --> 0:43:48.920
<v Speaker 4>they were forced to deal with it, then they submitted.

0:43:49.800 --> 0:43:53.240
<v Speaker 4>Then they just read the document and answered the document.

0:43:53.280 --> 0:43:55.319
<v Speaker 4>Back in twenty twelve, it would have been the same

0:43:55.400 --> 0:43:59.600
<v Speaker 4>answer they submitted. They said that based on the cumulative

0:43:59.719 --> 0:44:02.360
<v Speaker 4>error in the case, that the conviction should be vacated

0:44:02.400 --> 0:44:05.440
<v Speaker 4>and they were not going to pursue the charges. They

0:44:05.440 --> 0:44:08.000
<v Speaker 4>were going to recommend that it'd be dismissed. They could

0:44:08.000 --> 0:44:09.880
<v Speaker 4>have done that back in twenty thirteen.

0:44:11.000 --> 0:44:15.000
<v Speaker 1>I'm rarely at a loss for words, but this just

0:44:16.560 --> 0:44:21.640
<v Speaker 1>really makes my stomach turn. I mean, it's just so

0:44:23.160 --> 0:44:29.359
<v Speaker 1>it makes me so angry, frustrated, and just I feel

0:44:29.400 --> 0:44:31.800
<v Speaker 1>a sense of deep sadness. And this didn't even happen

0:44:31.800 --> 0:44:36.880
<v Speaker 1>to me, But I just hate injustice. And this is

0:44:36.920 --> 0:44:39.840
<v Speaker 1>such a grotesque example of the system at its worst.

0:44:41.040 --> 0:44:43.759
<v Speaker 1>We see it a lot on the show, but this one,

0:44:44.239 --> 0:44:47.600
<v Speaker 1>this one's really leaving a bitter taste. But the silver lining,

0:44:47.760 --> 0:44:50.560
<v Speaker 1>of course, is that you're out, even if it took

0:44:50.680 --> 0:44:53.160
<v Speaker 1>so much longer that it should have, and never mind

0:44:53.200 --> 0:44:55.160
<v Speaker 1>that it should have never even happened in the first place.

0:44:55.200 --> 0:44:58.560
<v Speaker 1>And John, I understand that despite it all, you have

0:44:58.680 --> 0:45:00.920
<v Speaker 1>somehow managed to maintain a positive outlook.

0:45:01.600 --> 0:45:05.399
<v Speaker 2>Every day is a blessing for sure, you know. And

0:45:05.440 --> 0:45:08.360
<v Speaker 2>as each day goes by, it seems so much farther

0:45:08.480 --> 0:45:12.279
<v Speaker 2>away from everything that happened. But it just feels great

0:45:12.320 --> 0:45:16.240
<v Speaker 2>to be out and great to be free. And words

0:45:16.280 --> 0:45:18.680
<v Speaker 2>can't express it or describe it. Really.

0:45:19.440 --> 0:45:23.600
<v Speaker 3>Yeah, you know, I get in arrested at fifteen and

0:45:23.680 --> 0:45:27.560
<v Speaker 3>sent off to prison. There's a lot of things in

0:45:27.640 --> 0:45:31.680
<v Speaker 3>normal society that I've never experienced, you know. Just this

0:45:31.800 --> 0:45:34.040
<v Speaker 3>last year was the first time I took a plane ride.

0:45:34.640 --> 0:45:36.760
<v Speaker 3>First time I've been to a lake, to a river,

0:45:37.280 --> 0:45:39.280
<v Speaker 3>but also like the first time I had to pay bills,

0:45:39.840 --> 0:45:43.120
<v Speaker 3>the first time I had to keep up with appointments, responsibilities,

0:45:43.160 --> 0:45:46.279
<v Speaker 3>balancing school and work. What I'm finding is that it

0:45:46.320 --> 0:45:50.320
<v Speaker 3>doesn't just fall into place. It doesn't and I'm working

0:45:50.360 --> 0:45:53.120
<v Speaker 3>through that. But there are times when I feel a

0:45:53.120 --> 0:45:56.799
<v Speaker 3>little bit lost out here. I really do, I really do,

0:45:56.880 --> 0:46:01.080
<v Speaker 3>But I'm confident and optimistic that it's going to come together.

0:46:02.200 --> 0:46:05.120
<v Speaker 1>And Ed, I understand that you'd like to start a nonprofit.

0:46:05.160 --> 0:46:07.120
<v Speaker 1>Can you tell us a little bit about what you're

0:46:07.200 --> 0:46:07.840
<v Speaker 1>doing now.

0:46:08.280 --> 0:46:11.040
<v Speaker 3>I applied for a job in Pittsburgh at a nonprofit,

0:46:11.080 --> 0:46:14.040
<v Speaker 3>the Abolitionist Law Center. I'm hopeful that I get the job.

0:46:14.600 --> 0:46:17.839
<v Speaker 3>If I do, I'm headed out that way in order

0:46:17.880 --> 0:46:20.800
<v Speaker 3>for me to work there, but also to learn about

0:46:21.239 --> 0:46:24.920
<v Speaker 3>nonprofits and how it runs, and with the goal of

0:46:24.960 --> 0:46:27.520
<v Speaker 3>creating my own. I want to call it juvenile Justice

0:46:27.560 --> 0:46:30.560
<v Speaker 3>for All, and the goal would be to have children

0:46:30.600 --> 0:46:35.319
<v Speaker 3>treated equally and fairly, to have their parents rights respected.

0:46:35.520 --> 0:46:37.720
<v Speaker 3>That a lot of times they just adopt adult laws.

0:46:38.000 --> 0:46:42.560
<v Speaker 3>The adult prison system doesn't help children at all. I

0:46:42.600 --> 0:46:46.239
<v Speaker 3>look to filing cases in court, but also working on

0:46:46.320 --> 0:46:50.440
<v Speaker 3>policy changes speaking to other nonprofits and getting them to

0:46:50.520 --> 0:46:53.719
<v Speaker 3>support some of these ideas. My goal is to have

0:46:53.800 --> 0:46:58.320
<v Speaker 3>a uniform system in America treating children equally and fairly

0:46:58.360 --> 0:47:00.319
<v Speaker 3>across the board. Ed.

0:47:00.440 --> 0:47:03.240
<v Speaker 1>You've already been able to accomplish so much from behind bars,

0:47:03.280 --> 0:47:04.960
<v Speaker 1>so we're going to be on the lookout for juvenile

0:47:05.080 --> 0:47:07.800
<v Speaker 1>justice for all. And we'll also link to Innocence Matters,

0:47:07.880 --> 0:47:11.120
<v Speaker 1>the organization that Deirdre co founded, so please show them

0:47:11.160 --> 0:47:13.799
<v Speaker 1>your support, and John's Instagram as well, where he'll keep

0:47:13.840 --> 0:47:15.680
<v Speaker 1>you up to date on the continued fight for justice.

0:47:15.719 --> 0:47:18.480
<v Speaker 1>In this case. The courts are still trying to deny

0:47:18.560 --> 0:47:21.439
<v Speaker 1>the factual innocence claim here, but after what we've heard

0:47:21.480 --> 0:47:25.200
<v Speaker 1>here today, I can't see any reason for it. And

0:47:25.280 --> 0:47:28.360
<v Speaker 1>with that, we're going to go to closing arguments, where

0:47:28.560 --> 0:47:31.200
<v Speaker 1>first of all, I thank each of you from the

0:47:31.200 --> 0:47:34.280
<v Speaker 1>bottom of my heart for joining us here, and then

0:47:34.600 --> 0:47:38.359
<v Speaker 1>I'm gonna kick back in my chair, shut my microphone off,

0:47:38.360 --> 0:47:42.400
<v Speaker 1>and leave my headphones on and just listen to anything

0:47:42.440 --> 0:47:46.240
<v Speaker 1>else you feel is left to be said. Deirdre please

0:47:46.239 --> 0:47:47.920
<v Speaker 1>start us off, and then we'll leave it to the

0:47:47.960 --> 0:47:49.920
<v Speaker 1>guys to take us off into the sunset.

0:47:51.040 --> 0:47:54.520
<v Speaker 4>I think that it's essential for these stories to be told,

0:47:54.600 --> 0:47:57.480
<v Speaker 4>and I'm so grateful that you guys give people like

0:47:57.560 --> 0:48:00.399
<v Speaker 4>John and Ed the opportunity to tell the story said

0:48:00.520 --> 0:48:02.840
<v Speaker 4>they live through. I think it's important for the public

0:48:02.880 --> 0:48:07.200
<v Speaker 4>to understand how fallible the system is, and I wish

0:48:07.320 --> 0:48:10.760
<v Speaker 4>it was limited to the nineties, but I represent people

0:48:10.960 --> 0:48:14.800
<v Speaker 4>who are charged today. It's the same fight, the same struggle,

0:48:15.280 --> 0:48:17.719
<v Speaker 4>and we've got to get it right the first time.

0:48:17.760 --> 0:48:20.239
<v Speaker 4>We have to want to get it right the first time,

0:48:20.320 --> 0:48:23.799
<v Speaker 4>because it doesn't serve anybody, even if all we care

0:48:23.840 --> 0:48:27.040
<v Speaker 4>about collectively as a society is the money.

0:48:26.719 --> 0:48:27.440
<v Speaker 3>Aspect of this.

0:48:27.600 --> 0:48:30.480
<v Speaker 4>We're throwing money away. We're paying for people to be

0:48:30.600 --> 0:48:34.520
<v Speaker 4>housed in prisons for crimes they didn't commit, and the

0:48:34.600 --> 0:48:37.759
<v Speaker 4>real criminals are out there committing other crimes. So we

0:48:37.840 --> 0:48:39.600
<v Speaker 4>need to get it right. We need to want to

0:48:39.640 --> 0:48:42.799
<v Speaker 4>get it right, and we need to applaud people like

0:48:42.920 --> 0:48:46.480
<v Speaker 4>John and Ed who have gone through hell and back,

0:48:47.120 --> 0:48:49.960
<v Speaker 4>and we need to make their lives easier once they

0:48:49.960 --> 0:48:53.200
<v Speaker 4>get out. We need to help them in whatever way

0:48:53.320 --> 0:48:53.800
<v Speaker 4>we can.

0:48:54.320 --> 0:48:58.080
<v Speaker 3>Well, I do appreciate this opportunity to speak about our

0:48:58.160 --> 0:49:01.600
<v Speaker 3>case and what we went through. I know that there's

0:49:01.600 --> 0:49:03.640
<v Speaker 3>a lot of other people out there that are in

0:49:03.719 --> 0:49:06.839
<v Speaker 3>the same circumstances and they're in the same struggle. So

0:49:06.880 --> 0:49:10.360
<v Speaker 3>I do appreciate the work that you're doing, and I

0:49:10.560 --> 0:49:12.840
<v Speaker 3>just I'm happy to be free, you know, I'm happy

0:49:12.840 --> 0:49:14.880
<v Speaker 3>to be free. I'm looking forward to making a difference

0:49:14.920 --> 0:49:17.080
<v Speaker 3>out here. I think it kind of for me would

0:49:17.160 --> 0:49:20.640
<v Speaker 3>give my life meaning when I feel like I've lost

0:49:20.719 --> 0:49:24.200
<v Speaker 3>so much of it already, I'm hopeful that what's left

0:49:24.239 --> 0:49:27.920
<v Speaker 3>of it I can actually make a difference and my

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<v Speaker 3>experience will help other people.

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<v Speaker 2>A couple of things. I'd just like to thank you

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<v Speaker 2>Jason for what you do and Wrongful Conviction podcast Lava

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<v Speaker 2>for Good.

0:49:39.360 --> 0:49:40.200
<v Speaker 1>I follow all.

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<v Speaker 2>That stuff very closely. Keep it up because it's needed.

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<v Speaker 2>I think it helps a lot, and even if it

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<v Speaker 2>helps a little, a little is more than nothing. So

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<v Speaker 2>for me, the one thing I would tell people is

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<v Speaker 2>never to lose hope, never to give up. That's the

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<v Speaker 2>key to everything, because I know Case I never gave

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<v Speaker 2>up hope. I kept the fight, never got away from that.

0:50:05.480 --> 0:50:09.560
<v Speaker 2>If you're innocent, you better fight until you can't fight anymore.

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<v Speaker 2>Hope is all you got, That's all that's going to

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<v Speaker 2>keep you going. Don't lose it.

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<v Speaker 1>Thank you for listening to Wrongful Conviction. I'd like to

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<v Speaker 1>thank our production team Connor Hall, Jeff Kleibern, and Kevin Wartis,

0:50:27.560 --> 0:50:30.640
<v Speaker 1>with research by Lyla Robinson. The music in this production

0:50:30.800 --> 0:50:34.000
<v Speaker 1>was supplied by three time OSCAR nominated composer Jay Ralph.

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<v Speaker 1>Be sure to follow us on Instagram at Wrongful Conviction,

0:50:38.040 --> 0:50:41.759
<v Speaker 1>on Facebook at Wrongful Conviction Podcast, and on Twitter at

0:50:41.800 --> 0:50:44.960
<v Speaker 1>wrong Conviction, as well as at Lava for Good. On

0:50:45.040 --> 0:50:48.000
<v Speaker 1>all three platforms, you can also follow me on both

0:50:48.040 --> 0:50:52.279
<v Speaker 1>TikTok and Instagram at it's Jason flam Raeful Conviction is

0:50:52.280 --> 0:50:55.000
<v Speaker 1>a production of Lava for Good podcast and association with

0:50:55.080 --> 0:51:08.560
<v Speaker 1>Signal Company Number one