1
00:00:05,000 --> 00:00:08,440
Speaker 1: In June two thousand and nine, basketball star James Richardson

2
00:00:08,760 --> 00:00:12,039
Speaker 1: was back in his hometown of Greenville, North Carolina, visiting

3
00:00:12,119 --> 00:00:14,840
Speaker 1: friends and family. A few of his friends wanted to

4
00:00:14,880 --> 00:00:17,240
Speaker 1: have a night out, so they hopped around and eventually

5
00:00:17,280 --> 00:00:20,240
Speaker 1: wound up at a nightclub called The Other Place.

6
00:00:21,040 --> 00:00:23,160
Speaker 2: Bombay and drinks for pretty much everybody at the club.

7
00:00:23,440 --> 00:00:27,120
Speaker 1: We haven't fine, but at some point in the evening

8
00:00:27,240 --> 00:00:28,960
Speaker 1: a scuffle got out of hand.

9
00:00:29,840 --> 00:00:32,320
Speaker 2: I don't know who pushed me, but when they pushed me,

10
00:00:32,440 --> 00:00:34,160
Speaker 2: scenes like all everything you broke loose.

11
00:00:35,159 --> 00:00:39,360
Speaker 1: By closing time, the scene was pandemonium, spilling out onto

12
00:00:39,400 --> 00:00:43,480
Speaker 1: the sidewalk, shots were fired, and two local, well known

13
00:00:43,479 --> 00:00:47,320
Speaker 1: white men were killed. Within a few days, James found

14
00:00:47,360 --> 00:00:50,080
Speaker 1: himself under arrest for their murders.

15
00:00:50,640 --> 00:00:53,199
Speaker 2: When I get to a police space there, that's the

16
00:00:53,280 --> 00:00:54,520
Speaker 2: last time that I've been out.

17
00:00:57,200 --> 00:00:59,360
Speaker 1: Do you think race had anything to do with us?

18
00:00:59,720 --> 00:01:04,240
Speaker 2: Yes, as far as me getting convicted, I do. When

19
00:01:04,240 --> 00:01:09,400
Speaker 2: they felt like a black person kill two white individuals,

20
00:01:09,400 --> 00:01:12,759
Speaker 2: I feel like people went harder. They feel like, okay, yeah,

21
00:01:12,800 --> 00:01:15,920
Speaker 2: we got to show him, but I didn't do it.

22
00:01:16,560 --> 00:01:18,919
Speaker 2: So you know what I'm saying, you got the wrong person.

23
00:01:21,200 --> 00:01:25,080
Speaker 2: My name is James Richardson. I've been incarcerated for thirteen

24
00:01:25,120 --> 00:01:27,320
Speaker 2: and a half years.

25
00:01:29,280 --> 00:01:31,760
Speaker 1: From Love of for Good. This is wrongful conviction with

26
00:01:31,760 --> 00:01:55,520
Speaker 1: Maggie Freeling today James Richardson. James Richardson was born on

27
00:01:55,560 --> 00:02:00,200
Speaker 1: April thirtieth, nineteen seventy seven, in Greenville, North Carolina. He's

28
00:02:00,200 --> 00:02:01,680
Speaker 1: the middle child of nine kids.

29
00:02:02,920 --> 00:02:06,600
Speaker 2: You know, we grew up in the projects. Really didn't

30
00:02:06,640 --> 00:02:09,000
Speaker 2: have a lot, and so I lived in one of

31
00:02:09,040 --> 00:02:13,040
Speaker 2: like the oldest and roughest like projects in Greenville, North Carolina,

32
00:02:13,080 --> 00:02:13,880
Speaker 2: which is still there.

33
00:02:14,960 --> 00:02:18,440
Speaker 1: It was called Kearny Park. It opened in nineteen sixty

34
00:02:18,440 --> 00:02:21,720
Speaker 1: two and is notorious for its violence.

35
00:02:22,760 --> 00:02:25,639
Speaker 2: All night every night, you know, gunshots and so much

36
00:02:25,639 --> 00:02:28,320
Speaker 2: stuff going on. And as a kid, you're coming home

37
00:02:28,400 --> 00:02:30,200
Speaker 2: and you got to worry about that, and you had

38
00:02:30,200 --> 00:02:32,920
Speaker 2: to worry about You're trying to do your homework and

39
00:02:33,080 --> 00:02:35,320
Speaker 2: different stuff, and there's so much, you know, going on.

40
00:02:36,960 --> 00:02:39,920
Speaker 1: James's father wasn't really in his life growing up. He

41
00:02:40,000 --> 00:02:43,200
Speaker 1: was raised by his mother, Dorothy Ann Richardson, as well

42
00:02:43,240 --> 00:02:44,720
Speaker 1: as his older siblings.

43
00:02:45,600 --> 00:02:47,760
Speaker 2: Why you're not having a father figure, I kind of

44
00:02:47,840 --> 00:02:50,200
Speaker 2: lean on my brothers as well as you know, coming

45
00:02:50,200 --> 00:02:52,240
Speaker 2: to some of the guys as you know, there was

46
00:02:52,280 --> 00:02:54,840
Speaker 2: in the neighborhood to kind of just to help you know,

47
00:02:54,880 --> 00:02:56,919
Speaker 2: they would be there and just like, you know, give

48
00:02:56,960 --> 00:02:59,440
Speaker 2: me advice on different things that I didn't know that,

49
00:02:59,639 --> 00:03:01,600
Speaker 2: you know, I feel like a father should be able

50
00:03:01,600 --> 00:03:02,320
Speaker 2: to should teach you.

51
00:03:03,960 --> 00:03:07,079
Speaker 1: James's brother, Donald, taught him to play baseball. One day,

52
00:03:07,240 --> 00:03:09,200
Speaker 1: Donald took him to try out for a little league.

53
00:03:09,720 --> 00:03:11,880
Speaker 1: The tryouts were in a different section of town than

54
00:03:11,919 --> 00:03:15,120
Speaker 1: where they lived, and for the first time James saw

55
00:03:15,160 --> 00:03:17,560
Speaker 1: what life looked like outside of the projects.

56
00:03:19,280 --> 00:03:22,120
Speaker 2: Right, Wow, it's so different. Everything was over there just

57
00:03:22,200 --> 00:03:26,440
Speaker 2: like grass, green grass, and everything is like clean and

58
00:03:26,520 --> 00:03:29,920
Speaker 2: no trash nowhere and everything. So it was different for me,

59
00:03:29,960 --> 00:03:33,760
Speaker 2: and I met different people and really just became friends

60
00:03:33,919 --> 00:03:35,839
Speaker 2: with a lot of the guys.

61
00:03:35,720 --> 00:03:38,520
Speaker 1: And the friends James made were from all different walks

62
00:03:38,520 --> 00:03:39,080
Speaker 1: of life.

63
00:03:39,880 --> 00:03:42,320
Speaker 2: I guess for me that was just it was like

64
00:03:42,360 --> 00:03:44,520
Speaker 2: a turning point of something. I was just motivated to

65
00:03:44,680 --> 00:03:47,720
Speaker 2: just get out. Just because I lived, you know, when

66
00:03:47,760 --> 00:03:50,240
Speaker 2: I was born and I lived here in this project, right,

67
00:03:50,880 --> 00:03:53,520
Speaker 2: doesn't mean that I had to just be here and

68
00:03:53,560 --> 00:03:58,360
Speaker 2: settle for this. So I kind of wanted to do

69
00:03:58,440 --> 00:04:00,960
Speaker 2: something with myself, make it out of there because I

70
00:04:01,000 --> 00:04:03,600
Speaker 2: didn't like, you know, the conditions that I was living in.

71
00:04:03,920 --> 00:04:05,760
Speaker 2: I didn't like what I had to go through.

72
00:04:06,640 --> 00:04:09,520
Speaker 1: James dreamed of making it up and out, and not

73
00:04:09,840 --> 00:04:10,720
Speaker 1: just for himself.

74
00:04:11,680 --> 00:04:13,560
Speaker 2: I looked at what my mom, you know, what she

75
00:04:13,640 --> 00:04:17,599
Speaker 2: went through by raising nine kids and really having no help,

76
00:04:18,240 --> 00:04:20,760
Speaker 2: and I just wanted to, you know, be able to

77
00:04:20,800 --> 00:04:22,880
Speaker 2: help her and move her out of the projects.

78
00:04:24,560 --> 00:04:29,320
Speaker 1: James saw baseball as his ticket out until he discovered basketball.

79
00:04:30,440 --> 00:04:35,119
Speaker 2: That was my getaway from a lot of the things

80
00:04:35,120 --> 00:04:36,919
Speaker 2: that was going on around me. You know, when I

81
00:04:36,920 --> 00:04:39,760
Speaker 2: was on that court, nothing else mattered to me. And

82
00:04:39,800 --> 00:04:42,080
Speaker 2: I just picked the game up and I just started playing,

83
00:04:42,120 --> 00:04:43,280
Speaker 2: and I loved it.

84
00:04:46,120 --> 00:04:49,200
Speaker 1: At six foot seven and two hundred and fifteen pounds,

85
00:04:49,560 --> 00:04:52,480
Speaker 1: James was all but perfect for the court, and with

86
00:04:52,480 --> 00:04:55,159
Speaker 1: his light skin and green eyes, he stands out in

87
00:04:55,160 --> 00:04:58,960
Speaker 1: the crowd. James became a star high school basketball player

88
00:04:59,320 --> 00:05:01,600
Speaker 1: and went on to play in college professionally.

89
00:05:02,520 --> 00:05:06,320
Speaker 2: I end up saying being blessed to make get out

90
00:05:06,400 --> 00:05:08,840
Speaker 2: of the hood to go to college. I got a

91
00:05:08,960 --> 00:05:10,520
Speaker 2: full ride scholarship.

92
00:05:11,320 --> 00:05:15,279
Speaker 1: James attended Slippery Rock University in Pennsylvania. He went on

93
00:05:15,320 --> 00:05:18,320
Speaker 1: to travel the world and play for several European countries,

94
00:05:18,560 --> 00:05:21,919
Speaker 1: including Norway, Sweden, Bulgaria, and Greece.

95
00:05:24,880 --> 00:05:26,960
Speaker 2: France was my first job at the first time I've

96
00:05:26,960 --> 00:05:29,599
Speaker 2: ever been out of the country. You know, I was

97
00:05:29,640 --> 00:05:32,000
Speaker 2: happy because you know, you get paid, you get paid

98
00:05:32,080 --> 00:05:34,800
Speaker 2: real good old season. I was able to go over

99
00:05:34,839 --> 00:05:37,640
Speaker 2: there and you know, do you know out there play

100
00:05:37,800 --> 00:05:40,320
Speaker 2: a game that I loved. My mom was happy. I

101
00:05:40,360 --> 00:05:42,880
Speaker 2: was able to send money back to my family to help.

102
00:05:44,760 --> 00:05:47,279
Speaker 1: And on his first day in France, James made a

103
00:05:47,320 --> 00:05:47,839
Speaker 1: new friend.

104
00:05:48,720 --> 00:05:51,560
Speaker 2: I came out with this little kids like may play

105
00:05:51,640 --> 00:05:53,960
Speaker 2: eight years old and he was sitting on my step

106
00:05:54,680 --> 00:05:59,320
Speaker 2: and when I come out, he said basketball, basketball right,

107
00:05:59,520 --> 00:06:02,800
Speaker 2: and so night, okay, tell him looking around right because

108
00:06:02,920 --> 00:06:05,960
Speaker 2: I didn't speak rich and so I started to get it,

109
00:06:06,080 --> 00:06:08,080
Speaker 2: like okay, he tried to sail you the basketball player.

110
00:06:09,000 --> 00:06:11,920
Speaker 1: The boy waited for James every day and followed him

111
00:06:12,000 --> 00:06:15,839
Speaker 1: everywhere to the store, to the gym. And James noticed

112
00:06:15,880 --> 00:06:18,800
Speaker 1: that the kid wore the same clothes every day. He

113
00:06:18,960 --> 00:06:21,039
Speaker 1: was from one of the poor areas of town.

114
00:06:22,279 --> 00:06:24,240
Speaker 2: So what I did was I took a liking to

115
00:06:24,279 --> 00:06:26,520
Speaker 2: him and I bought them clothes. I bought him shoes,

116
00:06:26,920 --> 00:06:29,200
Speaker 2: I made sure he could bring his family. He brought

117
00:06:29,200 --> 00:06:31,200
Speaker 2: his mom and them, they came to the game. I

118
00:06:31,440 --> 00:06:32,600
Speaker 2: just trying to just be there.

119
00:06:32,920 --> 00:06:37,840
Speaker 1: On That was when James knew what he wanted to

120
00:06:37,880 --> 00:06:38,719
Speaker 1: do in life.

121
00:06:39,400 --> 00:06:40,839
Speaker 2: I always wanted to get back there. I want to

122
00:06:40,839 --> 00:06:43,080
Speaker 2: get back to you know, the kids. I think they

123
00:06:43,120 --> 00:06:43,600
Speaker 2: deserved it.

124
00:06:48,360 --> 00:06:50,919
Speaker 1: So when he returned to the States, James became a

125
00:06:51,000 --> 00:06:54,400
Speaker 1: mentor for kids in his community, coaching them one on one,

126
00:06:54,640 --> 00:06:58,040
Speaker 1: advocating for them when they needed extra support, and helping

127
00:06:58,080 --> 00:06:59,960
Speaker 1: out at youth basketball camps.

128
00:07:01,279 --> 00:07:04,240
Speaker 2: I like helping. I like giving back. I think that's

129
00:07:04,279 --> 00:07:06,680
Speaker 2: something big with me. And I tell a lot of

130
00:07:06,720 --> 00:07:10,040
Speaker 2: people that money thing doesn't matter to me. I care

131
00:07:10,080 --> 00:07:12,520
Speaker 2: about people because I feel like, you know what I'm saying,

132
00:07:12,560 --> 00:07:15,520
Speaker 2: we put on this earth to help to help others.

133
00:07:16,360 --> 00:07:19,320
Speaker 1: In his early thirties, James moved to Atlanta and started

134
00:07:19,360 --> 00:07:22,679
Speaker 1: working as a party promoter. He used his celebrity status

135
00:07:22,720 --> 00:07:26,120
Speaker 1: to draw other players to events, attracting crowds of fans

136
00:07:26,160 --> 00:07:29,200
Speaker 1: and attendees. One night, he was hanging out with his

137
00:07:29,240 --> 00:07:32,400
Speaker 1: cousin and some friends when he met someone.

138
00:07:32,480 --> 00:07:33,640
Speaker 3: It was really casual.

139
00:07:33,880 --> 00:07:35,680
Speaker 4: We kind of just were hanging you know, we're all

140
00:07:35,680 --> 00:07:40,320
Speaker 4: hanging out one night, and that initial meeting, James and

141
00:07:40,320 --> 00:07:43,560
Speaker 4: I had like great conversation. It was just very organic.

142
00:07:44,640 --> 00:07:45,960
Speaker 1: This is Hibba Elawad.

143
00:07:47,720 --> 00:07:51,880
Speaker 4: The conversation just was so fluid and so natural. And

144
00:07:52,000 --> 00:07:55,720
Speaker 4: after that we really built a strong friendship. You know,

145
00:07:55,800 --> 00:07:59,120
Speaker 4: James and I used to talk about dreams and aspirations

146
00:07:59,120 --> 00:08:01,080
Speaker 4: and five to ten years plans, things that you don't

147
00:08:01,120 --> 00:08:03,000
Speaker 4: usually talk about, you know, with someone that you just

148
00:08:03,040 --> 00:08:04,000
Speaker 4: meet right off the bat.

149
00:08:05,360 --> 00:08:07,880
Speaker 1: Hibba wasn't looking for a relationship at the time, but

150
00:08:08,080 --> 00:08:10,920
Speaker 1: there was just something about James.

151
00:08:11,600 --> 00:08:13,600
Speaker 4: He was unlike any other man that I had met.

152
00:08:14,160 --> 00:08:17,080
Speaker 4: The conversations were always about how he wants to help people,

153
00:08:17,120 --> 00:08:19,240
Speaker 4: how he wants to give back, you know, how he

154
00:08:19,280 --> 00:08:23,840
Speaker 4: wants to make his mark and in this world by

155
00:08:24,040 --> 00:08:27,480
Speaker 4: doing for others what you know, maybe he didn't get

156
00:08:27,600 --> 00:08:31,360
Speaker 4: or didn't have growing up. You know, his love for

157
00:08:31,520 --> 00:08:35,200
Speaker 4: children is out of this world. Like every time we chatted,

158
00:08:35,280 --> 00:08:36,320
Speaker 4: I learned something new.

159
00:08:38,040 --> 00:08:41,120
Speaker 1: The two were developing a strong friendship, but before they

160
00:08:41,120 --> 00:08:58,080
Speaker 1: could explore their relationship further, something completely unexpected happened. Near

161
00:08:58,080 --> 00:09:00,480
Speaker 1: the end of June, James headed back to Greenville for

162
00:09:00,520 --> 00:09:03,720
Speaker 1: a visit. He was just back from overseas and didn't

163
00:09:03,720 --> 00:09:05,520
Speaker 1: have a car of his own yet, so he had

164
00:09:05,520 --> 00:09:09,040
Speaker 1: borrowed one, a white BMW to make the trip from Atlanta.

165
00:09:09,600 --> 00:09:11,360
Speaker 1: He spent a night in Rally on the way, and

166
00:09:11,400 --> 00:09:13,120
Speaker 1: a friend there asked him to give a ride to

167
00:09:13,240 --> 00:09:15,560
Speaker 1: a couple of guys who joined James for the ride

168
00:09:15,640 --> 00:09:19,000
Speaker 1: down to Greenville. When he arrived in his hometown on

169
00:09:19,080 --> 00:09:22,720
Speaker 1: June twenty ninth, James made his rounds visiting family and friends,

170
00:09:22,880 --> 00:09:25,520
Speaker 1: and eventually landed at the house of a childhood friend,

171
00:09:25,679 --> 00:09:28,920
Speaker 1: Darryl Powell. James's friends wanted to go clubbing, and they

172
00:09:28,960 --> 00:09:29,840
Speaker 1: asked him to join.

173
00:09:30,679 --> 00:09:34,040
Speaker 2: I had some balling shorts and like some nikes sandals

174
00:09:34,040 --> 00:09:36,520
Speaker 2: out with you and want to go, and so everybody

175
00:09:36,520 --> 00:09:38,280
Speaker 2: else like, oh, well let's go, let's go, let's go.

176
00:09:38,360 --> 00:09:41,840
Speaker 2: So you know, let me now want to disappoint people,

177
00:09:41,920 --> 00:09:44,840
Speaker 2: because that's how I am. I said, Okay, end up going.

178
00:09:47,160 --> 00:09:49,320
Speaker 1: The guys that drove from Rally with James ended up

179
00:09:49,320 --> 00:09:52,680
Speaker 1: taking the BMW, so he borrowed Dryl's Cadillac to meet

180
00:09:52,679 --> 00:09:56,240
Speaker 1: his brother Andre at Doctor Unk's Club. While there, the

181
00:09:56,320 --> 00:09:59,320
Speaker 1: Rally guys showed up and asked to take the Cadillac instead.

182
00:09:59,320 --> 00:10:04,760
Speaker 1: Of the BMA you, so James switched cars with them.

183
00:10:04,880 --> 00:10:07,040
Speaker 1: Around midnight, the group decided to move over to the

184
00:10:07,080 --> 00:10:11,040
Speaker 1: Other Place nightclub, which was known as Ops. James arrived

185
00:10:11,040 --> 00:10:12,000
Speaker 1: in the white BMW.

186
00:10:12,800 --> 00:10:15,840
Speaker 2: I'm buying everybody drinks. We haven't fine, I'm buying drinks

187
00:10:15,840 --> 00:10:17,200
Speaker 2: for pretty much everybody at the club.

188
00:10:17,960 --> 00:10:20,840
Speaker 1: Soon the rally guys returned with the Cadillac and gave

189
00:10:20,920 --> 00:10:25,000
Speaker 1: James the key. James, wearing basketball shorts with no pockets,

190
00:10:25,280 --> 00:10:27,920
Speaker 1: put the key in his sock and continued to party.

191
00:10:31,200 --> 00:10:34,000
Speaker 2: So at some point still bump me. I tell him, yo,

192
00:10:34,080 --> 00:10:37,080
Speaker 2: can you please stop bump me? Okay? So a few

193
00:10:37,120 --> 00:10:39,160
Speaker 2: miss lady, he bought me again, but he trunk.

194
00:10:40,160 --> 00:10:43,200
Speaker 1: The club was crowded and the bumping continued.

195
00:10:44,480 --> 00:10:46,360
Speaker 2: He still like, he bumped me stuff, and so I

196
00:10:46,400 --> 00:10:48,319
Speaker 2: tell him to stop. You know, the next time he

197
00:10:48,400 --> 00:10:50,120
Speaker 2: bumped me, like the third time, I said, listen, man,

198
00:10:50,160 --> 00:10:54,199
Speaker 2: go over there. By this time, you know, his friends

199
00:10:54,200 --> 00:10:56,360
Speaker 2: come over and taught him like that. You know, I'm

200
00:10:56,360 --> 00:10:58,839
Speaker 2: telling everybody, let it go, and it'd be bought tend

201
00:10:58,880 --> 00:11:00,600
Speaker 2: to come. So what's going on? I don't know, I said,

202
00:11:00,720 --> 00:11:02,360
Speaker 2: guy it right here. I guess he's drunk. If he

203
00:11:02,600 --> 00:11:04,960
Speaker 2: bumped me. You know, I'm just telling him go over there.

204
00:11:06,040 --> 00:11:09,160
Speaker 1: James remembers that one of the owners, Matthew Blackman, then

205
00:11:09,240 --> 00:11:10,760
Speaker 1: came over and asked them all.

206
00:11:10,640 --> 00:11:14,040
Speaker 2: To leave either you know, young lady club, don't come

207
00:11:14,080 --> 00:11:15,560
Speaker 2: back to my club no more. So I tell him,

208
00:11:15,559 --> 00:11:17,600
Speaker 2: I said, man, I said, I haven't started anything. I said,

209
00:11:17,600 --> 00:11:19,320
Speaker 2: but that's fine. I ain't got to come Kee Club

210
00:11:19,360 --> 00:11:20,080
Speaker 2: no more. Whatever.

211
00:11:21,200 --> 00:11:24,080
Speaker 1: Black men then had bouncers escort James and his friends out.

212
00:11:24,600 --> 00:11:27,840
Speaker 1: In the chaos, James left the BMW keys on the bar.

213
00:11:28,520 --> 00:11:30,880
Speaker 1: It was closing time at this point, around two am,

214
00:11:31,280 --> 00:11:33,840
Speaker 1: and people had started to gather on the sidewalk outside.

215
00:11:34,440 --> 00:11:37,240
Speaker 1: Suddenly James felt someone push him.

216
00:11:37,600 --> 00:11:40,120
Speaker 2: I don't know push me, but when they pushed me,

217
00:11:40,120 --> 00:11:42,120
Speaker 2: it seemed like all everything broke those.

218
00:11:42,720 --> 00:11:46,400
Speaker 1: A brawl ensued. In the confusion, black men got punched.

219
00:11:47,000 --> 00:11:50,120
Speaker 2: Somebody hit the orner. He grabbed me, and because you know,

220
00:11:50,120 --> 00:11:53,319
Speaker 2: I still have one that the sandals right with it,

221
00:11:53,520 --> 00:11:57,040
Speaker 2: like the sandal, Nike sandals and stuff, we falled and

222
00:11:57,120 --> 00:12:00,959
Speaker 2: so my head hit the cement. I'm bleeding and stuff.

223
00:12:01,040 --> 00:12:03,360
Speaker 2: Right So in all day after that, right they saw

224
00:12:03,440 --> 00:12:04,040
Speaker 2: it's like a fight.

225
00:12:05,120 --> 00:12:09,320
Speaker 1: People piled onto James. A bouncer later testified it was

226
00:12:09,480 --> 00:12:11,719
Speaker 1: kind of pandemonium.

227
00:12:11,880 --> 00:12:14,080
Speaker 2: Thanks, so the only thing I'm trying to is just lee.

228
00:12:15,360 --> 00:12:18,400
Speaker 1: James eventually broke free from the melee. A witness later

229
00:12:18,480 --> 00:12:21,360
Speaker 1: said they saw him walking away down the street by himself.

230
00:12:21,960 --> 00:12:24,319
Speaker 1: James remembered the Cadillac key in Issak.

231
00:12:24,559 --> 00:12:27,600
Speaker 2: So I go and I'd be the key. I get

232
00:12:27,600 --> 00:12:29,880
Speaker 2: in the Cadillac and I hope people call them, but

233
00:12:29,920 --> 00:12:30,280
Speaker 2: I just be.

234
00:12:42,640 --> 00:12:47,079
Speaker 1: This episode is underwritten by AIG, a leading global insurance company.

235
00:12:47,480 --> 00:12:51,520
Speaker 1: AIG is committed to corporate social responsibility and to making

236
00:12:51,559 --> 00:12:54,240
Speaker 1: a positive difference in the lives of its employees and

237
00:12:54,320 --> 00:12:57,280
Speaker 1: in the communities where they work and live. In light

238
00:12:57,320 --> 00:13:00,240
Speaker 1: of the compelling need for pro bono legal assistance, and

239
00:13:00,280 --> 00:13:04,720
Speaker 1: in recognition of AIG's commitment to criminal and social justice reform,

240
00:13:05,080 --> 00:13:09,080
Speaker 1: the AIG pro Bono Program provides free legal services and

241
00:13:09,160 --> 00:13:19,720
Speaker 1: other support to underrepresented communities and individuals. The brawl died

242
00:13:19,760 --> 00:13:22,720
Speaker 1: down and the crowd began to disperse. Black men later

243
00:13:22,800 --> 00:13:25,120
Speaker 1: said that as they left, some of the guys who

244
00:13:25,120 --> 00:13:27,800
Speaker 1: were kicked out with James that night were yelling, we

245
00:13:27,920 --> 00:13:30,400
Speaker 1: have something for you. We're going to come back and

246
00:13:30,480 --> 00:13:35,800
Speaker 1: shoot you up. Minutes later, a WHITEBMW tore down the

247
00:13:35,800 --> 00:13:39,080
Speaker 1: street towards Op's. People were still on the sidewalk when

248
00:13:39,080 --> 00:13:42,400
Speaker 1: someone in the car fired at least six shots into

249
00:13:42,440 --> 00:13:46,640
Speaker 1: the crowd. The bullets hit two white men, twenty one

250
00:13:46,720 --> 00:13:50,840
Speaker 1: year old land In Blackly, a popular East Carolina University student,

251
00:13:51,320 --> 00:13:53,920
Speaker 1: in twenty nine year old Andrew Kirby, a well known

252
00:13:53,960 --> 00:14:04,440
Speaker 1: local business manager. Both men died from their injuries. Connie

253
00:14:04,440 --> 00:14:08,320
Speaker 1: Elks was assigned as the case's lead investigator. During her investigation,

254
00:14:08,480 --> 00:14:11,200
Speaker 1: she spoke to multiple witnesses who were outside of the

255
00:14:11,200 --> 00:14:15,040
Speaker 1: club that night. People remembered that a professional basketball player

256
00:14:15,160 --> 00:14:18,120
Speaker 1: was among those kicked out of the club. These witnesses

257
00:14:18,200 --> 00:14:21,640
Speaker 1: also gave descriptions of the shooter. Most of the descriptions

258
00:14:21,640 --> 00:14:26,720
Speaker 1: were varied, but none of the witnesses descriptions matched James. Nevertheless,

259
00:14:27,200 --> 00:14:33,720
Speaker 1: Elks focused on him. Some witnesses were offered lineups. They

260
00:14:33,720 --> 00:14:36,200
Speaker 1: told police that while they recognized James as being at

261
00:14:36,200 --> 00:14:39,760
Speaker 1: the club, he was not the shooter or even one

262
00:14:39,760 --> 00:14:41,600
Speaker 1: of the guys who was in the BMW when it

263
00:14:41,680 --> 00:14:46,400
Speaker 1: drove by. Witnesses Nicholas Golden and Brian Richards both said

264
00:14:46,400 --> 00:14:49,920
Speaker 1: the person was shooting from the BMW's back passenger window,

265
00:14:50,280 --> 00:14:53,360
Speaker 1: and they both described the shooter as a black male

266
00:14:53,520 --> 00:14:56,480
Speaker 1: wearing a black shirt, a black and red baseball cap,

267
00:14:56,680 --> 00:15:00,600
Speaker 1: and sunglasses. James remember was dress differently.

268
00:15:01,280 --> 00:15:04,680
Speaker 2: I had us some ball the shoots in them. No Nikes, sandals.

269
00:15:05,480 --> 00:15:09,240
Speaker 1: Golden and Richards were the only two witnesses who actually

270
00:15:09,280 --> 00:15:13,000
Speaker 1: saw the shooting. Richards immediately described what he witnessed to

271
00:15:13,040 --> 00:15:15,600
Speaker 1: a bartender and she gave them both a pen and

272
00:15:15,680 --> 00:15:18,840
Speaker 1: paper so they wouldn't forget the details. While they gave

273
00:15:18,880 --> 00:15:22,520
Speaker 1: witness statements that night, officers did not follow up with

274
00:15:22,600 --> 00:15:27,080
Speaker 1: them for nearly eighteen months, and unlike other witnesses, they

275
00:15:27,080 --> 00:15:32,400
Speaker 1: were never provided any lineups. Some people also reported seeing

276
00:15:32,520 --> 00:15:36,680
Speaker 1: James leave ops in a gold Cadillac parked around the corner.

277
00:15:37,680 --> 00:15:41,560
Speaker 1: Regardless of all this, James was immediately the main suspect.

278
00:15:42,080 --> 00:15:45,240
Speaker 1: His photo was blasted all over the media, and he

279
00:15:45,400 --> 00:15:58,280
Speaker 1: was publicly proclaimed the armed and dangerous killer. Later on

280
00:15:58,320 --> 00:16:01,280
Speaker 1: the day of the shooting, June thirtieth, James was back

281
00:16:01,320 --> 00:16:03,760
Speaker 1: in Rally about an hour and a half away when

282
00:16:03,760 --> 00:16:07,040
Speaker 1: his sister told him the police were looking for him. Confused,

283
00:16:07,240 --> 00:16:10,000
Speaker 1: James called his friend Sean, who worked with the Greenville

284
00:16:10,040 --> 00:16:11,160
Speaker 1: Police Department.

285
00:16:11,240 --> 00:16:12,880
Speaker 2: And I asked Sean. I sid Sean was going on.

286
00:16:13,440 --> 00:16:16,200
Speaker 2: You know. He pretty much told me nothing, We just

287
00:16:16,240 --> 00:16:18,120
Speaker 2: want to talk to you. You know, they just wanted

288
00:16:18,160 --> 00:16:19,880
Speaker 2: they just want to talk to you whatever. So I

289
00:16:19,960 --> 00:16:23,200
Speaker 2: was like, okay, like, you know, that's fine. I thought

290
00:16:23,240 --> 00:16:25,400
Speaker 2: he was. They were talking about that, just the fight

291
00:16:25,760 --> 00:16:28,800
Speaker 2: about downtown. At this time. I don't know anything about

292
00:16:29,280 --> 00:16:31,080
Speaker 2: no shoe, non know nothing about none of this.

293
00:16:34,080 --> 00:16:37,240
Speaker 1: James didn't know anyone had been killed. He thought the

294
00:16:37,280 --> 00:16:39,720
Speaker 1: police just wanted to know about the fight. He told

295
00:16:39,760 --> 00:16:41,520
Speaker 1: Sean he talked to them in a couple of days

296
00:16:41,520 --> 00:16:43,440
Speaker 1: when he was back in Greenville for Fourth of July,

297
00:16:43,880 --> 00:16:45,160
Speaker 1: and they agreed to meet up.

298
00:16:45,200 --> 00:16:48,840
Speaker 2: Then that's how my time, rightness it. But I'll be

299
00:16:48,880 --> 00:16:50,960
Speaker 2: back and you got a couple days. Said that's fine, right,

300
00:16:51,160 --> 00:16:52,760
Speaker 2: That's why he said. So I'm like okay.

301
00:16:54,400 --> 00:16:56,680
Speaker 1: Once in Greenville, James told Sean to come to his

302
00:16:56,720 --> 00:16:57,920
Speaker 1: grandma's house to talk.

303
00:16:58,840 --> 00:17:01,240
Speaker 2: So when I get over there, I get out of

304
00:17:01,280 --> 00:17:04,800
Speaker 2: the car, it's people everywhere. Right, I'm thinking, like, okay,

305
00:17:05,080 --> 00:17:06,960
Speaker 2: you know, everybody ready for the cookout. But at the

306
00:17:06,960 --> 00:17:09,280
Speaker 2: same time, I see Sean's standing out as regular host

307
00:17:09,640 --> 00:17:11,320
Speaker 2: so as I get out and then I see the

308
00:17:11,320 --> 00:17:14,000
Speaker 2: police badge from out his neck. So then I'm just like,

309
00:17:15,000 --> 00:17:16,920
Speaker 2: I said, show what's up man? I say, you know, okay,

310
00:17:17,080 --> 00:17:18,840
Speaker 2: what do you want to talk about? He was like, nah,

311
00:17:18,880 --> 00:17:20,080
Speaker 2: we got to go down to the station.

312
00:17:21,359 --> 00:17:23,879
Speaker 1: When James went to the Greenville precinct with his friend Sean,

313
00:17:24,240 --> 00:17:26,320
Speaker 1: he was immediately arrested.

314
00:17:27,840 --> 00:17:30,720
Speaker 2: When I get to the police station, that's the last

315
00:17:30,760 --> 00:17:31,960
Speaker 2: time I was. I've been out.

316
00:17:33,960 --> 00:17:36,879
Speaker 1: A few months later, he was indicted for two counts

317
00:17:36,880 --> 00:17:40,720
Speaker 1: of first degree capital murder and was facing the death penalty.

318
00:17:42,280 --> 00:17:46,560
Speaker 2: And ever since then, I've been fighting for my nicer. Wow, man, like,

319
00:17:47,800 --> 00:17:50,439
Speaker 2: this can't be. I never been in trouble, so I

320
00:17:50,440 --> 00:17:52,600
Speaker 2: don't know. I didn't know what this spay. You know,

321
00:17:52,760 --> 00:17:55,359
Speaker 2: people tell the truth. I'm thinking that I go to

322
00:17:55,320 --> 00:17:57,480
Speaker 2: the trial, I'll be out. You know. It's my you

323
00:17:57,520 --> 00:18:00,359
Speaker 2: know my this isn't gonna prevail.

324
00:18:00,520 --> 00:18:02,280
Speaker 1: But that's not what happened.

325
00:18:07,480 --> 00:18:11,160
Speaker 3: It was clear to the district attorneys at the time,

326
00:18:11,680 --> 00:18:14,879
Speaker 3: probably the law enforcement officers at the time, that this

327
00:18:15,280 --> 00:18:17,399
Speaker 3: was a career making case.

328
00:18:18,680 --> 00:18:22,400
Speaker 1: This is Don Blagrove, the executive director of Emancipate NC,

329
00:18:22,960 --> 00:18:27,080
Speaker 1: a North Carolina social and criminal justice reform nonprofit organization.

330
00:18:27,520 --> 00:18:31,560
Speaker 1: She's also a post conviction attorney helping James's legal team.

331
00:18:31,800 --> 00:18:35,880
Speaker 3: And if they could convict a high profile celebrity like James,

332
00:18:36,359 --> 00:18:40,320
Speaker 3: they would be able to build whole careers off of

333
00:18:40,320 --> 00:18:42,680
Speaker 3: his conviction. Whether it was right or wrong. They were

334
00:18:42,720 --> 00:18:46,000
Speaker 3: going to make an example out of James Richardson for

335
00:18:46,080 --> 00:18:47,720
Speaker 3: shooting and killing two white men.

336
00:18:48,600 --> 00:18:53,240
Speaker 1: The prosecutors were District Attorney Clerk Everett and Ada Kimberly Robb.

337
00:18:54,320 --> 00:18:57,919
Speaker 1: The prosecutor's theory was that James was the only person

338
00:18:57,960 --> 00:19:01,320
Speaker 1: in the BMW and that while jar he leaned out

339
00:19:01,320 --> 00:19:05,399
Speaker 1: the passenger window to shoot into the crowd, ultimately killing

340
00:19:05,440 --> 00:19:09,720
Speaker 1: Blackly and Kirby. During a pre trial hearing, Everett and

341
00:19:09,800 --> 00:19:13,840
Speaker 1: rob called four bar patrons, expecting them to identify James

342
00:19:13,920 --> 00:19:17,680
Speaker 1: as the person driving and shooting from the BMW. These

343
00:19:17,720 --> 00:19:21,639
Speaker 1: witness descriptions were inconsistent. They all said the shooter was

344
00:19:21,720 --> 00:19:24,600
Speaker 1: a medium to dark skinned black man, but none of

345
00:19:24,640 --> 00:19:28,160
Speaker 1: their differing descriptions matched James, a light skinned, green eyed

346
00:19:28,160 --> 00:19:30,919
Speaker 1: black man. At the end of the pre trial hearing,

347
00:19:31,240 --> 00:19:34,280
Speaker 1: it was evident that the States case was hanging in

348
00:19:34,359 --> 00:19:35,440
Speaker 1: the balance.

349
00:19:35,600 --> 00:19:39,440
Speaker 5: So Detective Alex knew we've got a problem. We don't

350
00:19:39,440 --> 00:19:41,760
Speaker 5: have anyone that can put James in that car.

351
00:19:42,680 --> 00:19:46,080
Speaker 1: This is Heather Radelaide, who is James's post conviction attorney

352
00:19:46,160 --> 00:19:46,760
Speaker 1: of record.

353
00:19:47,280 --> 00:19:51,679
Speaker 5: So one week before trial, lo and behold, they discover

354
00:19:51,840 --> 00:19:54,879
Speaker 5: a brand new eyewitness and his name is Fidel Thorpe.

355
00:19:55,480 --> 00:19:59,439
Speaker 5: He happened to be the assistant prosecutor's daughter's soccer coach.

356
00:20:02,760 --> 00:20:05,360
Speaker 1: By the time of trial, two years after the shooting,

357
00:20:05,640 --> 00:20:09,040
Speaker 1: vy Dal, Thorpe became the state's star witness, given he

358
00:20:09,119 --> 00:20:12,919
Speaker 1: was the only one who positively identified James as the shooter,

359
00:20:13,800 --> 00:20:16,679
Speaker 1: even though he was never given a lineup. He testified

360
00:20:16,720 --> 00:20:21,920
Speaker 1: that he saw James's face through the passenger window. Detective

361
00:20:21,960 --> 00:20:25,280
Speaker 1: Connie Elks testified under oath that one of the witnesses,

362
00:20:25,520 --> 00:20:28,919
Speaker 1: Rachel Burke, saw a black man wearing a white T shirt,

363
00:20:29,000 --> 00:20:31,280
Speaker 1: go to the trunk of the BMW and take out

364
00:20:31,280 --> 00:20:35,240
Speaker 1: a gun. Detective Elks also said that Rachel identified James

365
00:20:35,240 --> 00:20:39,800
Speaker 1: as the shooter on the stand. However, Rachel's testimony undermined

366
00:20:40,040 --> 00:20:40,600
Speaker 1: all of this.

367
00:20:41,720 --> 00:20:43,920
Speaker 5: She pointed to the defendants, so that's not the person

368
00:20:43,960 --> 00:20:47,560
Speaker 5: I identified in the Lineup to this day, we don't

369
00:20:47,640 --> 00:20:49,920
Speaker 5: know who she identified in the lineup.

370
00:20:50,680 --> 00:20:55,360
Speaker 1: Then Corporal John Jenkins provided bombshell evidence, the only actual

371
00:20:55,359 --> 00:20:59,520
Speaker 1: evidence the state had against James, a surveillance video. The

372
00:20:59,600 --> 00:21:03,159
Speaker 1: video was of the white BMW racing down the street,

373
00:21:03,400 --> 00:21:07,080
Speaker 1: showing only one person in the car shooting at the crowd.

374
00:21:07,600 --> 00:21:10,439
Speaker 1: Officer Jenkins said the video was the original and that

375
00:21:10,480 --> 00:21:16,160
Speaker 1: it hadn't been altered or modified in any way. James's attorneys,

376
00:21:16,200 --> 00:21:19,439
Speaker 1: Tommy Moore and Jeffrey Cutler, did their best to refute

377
00:21:19,440 --> 00:21:23,159
Speaker 1: the state's argument, but the video left them stymied. The

378
00:21:23,240 --> 00:21:27,760
Speaker 1: court also denied the eyewitness identification expert they retained, so

379
00:21:27,880 --> 00:21:30,800
Speaker 1: all they could do was point out the inconsistencies and

380
00:21:30,840 --> 00:21:35,920
Speaker 1: the witness testimonies on their own. However, they were able

381
00:21:35,960 --> 00:21:39,560
Speaker 1: to present an alibi witness for James, Darryl Powell. He

382
00:21:39,640 --> 00:21:43,200
Speaker 1: testified that he saw James immediately after the fight that night,

383
00:21:43,480 --> 00:21:47,840
Speaker 1: when James returned the gold Cadillac to his house. The

384
00:21:47,880 --> 00:21:52,119
Speaker 1: defense also presented Nicholas Golden and Brian Richards, the only

385
00:21:52,160 --> 00:21:56,400
Speaker 1: two witnesses to describe the shooter to responding officers. They

386
00:21:56,440 --> 00:21:59,640
Speaker 1: both testified that it was not James who they saw

387
00:21:59,640 --> 00:22:06,320
Speaker 1: in the car. The jury went to deliberation on April first,

388
00:22:06,520 --> 00:22:10,560
Speaker 1: twenty eleven. Most of the jurors were convinced that James

389
00:22:10,600 --> 00:22:13,480
Speaker 1: was guilty, but as it turns out, there was one

390
00:22:13,880 --> 00:22:19,160
Speaker 1: loan holdout. Three days into deliberations, one of the black jurors,

391
00:22:19,359 --> 00:22:23,199
Speaker 1: Lamuel Anderson, sent a note to the judge, asking to

392
00:22:23,240 --> 00:22:24,800
Speaker 1: be removed from the jury.

393
00:22:25,480 --> 00:22:30,080
Speaker 3: He felt like James was centicent, but he was intimidated

394
00:22:30,200 --> 00:22:31,600
Speaker 3: inside of the jury room.

395
00:22:32,119 --> 00:22:35,560
Speaker 1: The racial tension and hostility in the jury room, Anderson said,

396
00:22:35,920 --> 00:22:37,440
Speaker 1: had become intolerable.

397
00:22:38,320 --> 00:22:41,400
Speaker 5: The judge has a duty at that point to take

398
00:22:41,440 --> 00:22:44,440
Speaker 5: that jury out of the jury room and ask him

399
00:22:44,520 --> 00:22:50,080
Speaker 5: questions about why he's requesting this. But this judge didn't

400
00:22:50,080 --> 00:22:55,479
Speaker 5: do that. Instead, he brought the entire jury out and

401
00:22:55,760 --> 00:22:59,159
Speaker 5: essentially admonished mister Anderson in front of all of his

402
00:22:59,240 --> 00:23:03,240
Speaker 5: fellow jurs. Quote, I must emphasize the fact it is

403
00:23:03,320 --> 00:23:06,200
Speaker 5: your duty to reach a verdict on all of the charges.

404
00:23:06,880 --> 00:23:10,560
Speaker 1: Judge W. Russell Duke Junior went on to say, quote,

405
00:23:10,840 --> 00:23:14,840
Speaker 1: I have already instructed you that your verdicts must be unanimous.

406
00:23:15,160 --> 00:23:17,440
Speaker 1: Each of you must agree on the verdicts.

407
00:23:18,520 --> 00:23:22,040
Speaker 3: Now, let me be clear about what Heather is describing.

408
00:23:22,200 --> 00:23:27,560
Speaker 3: What she's actually describing is the living manifestation of systemic

409
00:23:27,640 --> 00:23:31,159
Speaker 3: and institutional racism. The fact that this drawer raised the

410
00:23:31,200 --> 00:23:35,560
Speaker 3: concerns about racial intimidation happening inside of the jury deliberation

411
00:23:35,680 --> 00:23:40,200
Speaker 3: room should have given this judge a strong pause and

412
00:23:40,760 --> 00:23:43,600
Speaker 3: created strong doubt as to whether or not a fair

413
00:23:43,720 --> 00:23:44,879
Speaker 3: verdict could have been reached.

414
00:23:47,520 --> 00:23:49,320
Speaker 2: It took like three four to eight for them to

415
00:23:49,320 --> 00:23:51,200
Speaker 2: come back with a conviction on a capital case.

416
00:23:52,480 --> 00:23:56,720
Speaker 1: Their deliberation ended with a unanimous decision. Anderson later came

417
00:23:56,760 --> 00:23:59,200
Speaker 1: forward to say that he believed James to be one

418
00:23:59,320 --> 00:24:02,880
Speaker 1: hundred percent sent innocent, but the intimidation from the other

419
00:24:02,960 --> 00:24:07,960
Speaker 1: jurors had been too much. The jury declared James Richardson guilty.

420
00:24:09,040 --> 00:24:11,960
Speaker 2: And I'm just like wow, and so it's like somebody

421
00:24:12,040 --> 00:24:14,080
Speaker 2: take this face and punch you in the stomach when

422
00:24:14,119 --> 00:24:29,520
Speaker 2: you hear it guilty.

423
00:24:30,800 --> 00:24:34,360
Speaker 1: James was convicted of murder on April sixth, twenty eleven.

424
00:24:34,880 --> 00:24:39,000
Speaker 1: The prosecution chose not to seek the death penalty. Instead,

425
00:24:39,280 --> 00:24:45,960
Speaker 1: James received two sentences of life without parole. And here's

426
00:24:46,080 --> 00:24:49,840
Speaker 1: a side note. Since nineteen eighty three, pitt County, or

427
00:24:49,880 --> 00:24:53,520
Speaker 1: James was tried, has sent seven men to death row,

428
00:24:53,680 --> 00:24:56,920
Speaker 1: and all of them have been black. Pitt County has

429
00:24:57,000 --> 00:25:00,960
Speaker 1: never sought the death penalty against a white defendant accused

430
00:25:01,000 --> 00:25:05,639
Speaker 1: of killing a black man. Statistically, in North Carolina, defendants

431
00:25:05,680 --> 00:25:08,520
Speaker 1: are twice as likely to be sentenced to death if

432
00:25:08,560 --> 00:25:10,679
Speaker 1: they're accused of killing a white person.

433
00:25:12,200 --> 00:25:15,120
Speaker 2: It was hurtful and it was just I was just stunned.

434
00:25:15,320 --> 00:25:20,560
Speaker 2: I couldn't believe it. I feel like doing they felt

435
00:25:20,680 --> 00:25:26,480
Speaker 2: like a gag person kill two white individuals. I feel

436
00:25:26,520 --> 00:25:29,560
Speaker 2: like people went harder. They feel like, okay, yeah, we

437
00:25:29,640 --> 00:25:40,879
Speaker 2: got to show him.

438
00:25:41,280 --> 00:25:45,080
Speaker 1: James filed a direct appeal in July twenty twelve, mainly

439
00:25:45,240 --> 00:25:49,160
Speaker 1: arguing that the court aired in denying his eyewitness experts testimony.

440
00:25:49,600 --> 00:25:52,840
Speaker 1: The appeal was denied, but his team continued to file

441
00:25:52,840 --> 00:25:56,040
Speaker 1: petitions for relief, and in the meantime, he tried to

442
00:25:56,080 --> 00:25:59,760
Speaker 1: focus on staying positive by praying and continuing to do

443
00:25:59,840 --> 00:26:04,040
Speaker 1: what he loved the most, mentoring a lot of these kids.

444
00:26:04,040 --> 00:26:05,639
Speaker 2: Man. I don't want him to go back out there

445
00:26:06,480 --> 00:26:08,920
Speaker 2: coming in the same way they came. He I want

446
00:26:08,960 --> 00:26:12,080
Speaker 2: him to go back out there to be a positive

447
00:26:12,080 --> 00:26:14,800
Speaker 2: influence on someone else. You know what I'm saying. I'm

448
00:26:14,800 --> 00:26:16,639
Speaker 2: trying to help people. I want people to do better.

449
00:26:19,800 --> 00:26:22,000
Speaker 1: James and Hibba hadn't seen much of each other since

450
00:26:22,040 --> 00:26:25,440
Speaker 1: he'd returned to the States, but he was on her mind.

451
00:26:25,920 --> 00:26:29,359
Speaker 4: For a couple of months after the incident happened. You know,

452
00:26:29,400 --> 00:26:32,480
Speaker 4: I was constantly sitting, i'd say, like with a heavy

453
00:26:32,480 --> 00:26:35,480
Speaker 4: heart because I knew I knew, I knew in my

454
00:26:35,560 --> 00:26:39,480
Speaker 4: gut that James hadn't done this. And a couple months

455
00:26:39,520 --> 00:26:43,080
Speaker 4: later I ended up getting you know, his contact information.

456
00:26:43,840 --> 00:26:47,240
Speaker 1: What made you want to reach out to him? I

457
00:26:47,240 --> 00:26:47,960
Speaker 1: couldn't sleep.

458
00:26:51,920 --> 00:26:55,240
Speaker 4: So you know, when you have this like just gut

459
00:26:55,280 --> 00:26:59,399
Speaker 4: wrenching feeling in your stomach that something's wrong, I wanted

460
00:26:59,400 --> 00:26:59,919
Speaker 4: more answer.

461
00:27:00,520 --> 00:27:03,639
Speaker 3: It wasn't just okay, you know this is a great guy.

462
00:27:03,840 --> 00:27:06,879
Speaker 4: You've had this heavy heart, you know in your gut

463
00:27:06,920 --> 00:27:08,080
Speaker 4: that he couldn't have done this.

464
00:27:08,800 --> 00:27:11,800
Speaker 3: But I needed answers.

465
00:27:13,400 --> 00:27:17,560
Speaker 1: So Hibba started pouring over James's case, trying to understand

466
00:27:17,840 --> 00:27:19,440
Speaker 1: what had happened.

467
00:27:20,520 --> 00:27:24,480
Speaker 4: And every time I would look through another piece of

468
00:27:24,520 --> 00:27:27,440
Speaker 4: paper or another police report, I'm like, this makes absolutely

469
00:27:27,440 --> 00:27:30,679
Speaker 4: no sense, right, this makes absolutely zero sense.

470
00:27:33,520 --> 00:27:37,480
Speaker 1: Finally, after nearly five years of investigating on her own,

471
00:27:37,840 --> 00:27:40,960
Speaker 1: Hibba got some help from Heather. After looking it over,

472
00:27:41,240 --> 00:27:43,480
Speaker 1: Heather agreed to take on James's case.

473
00:27:45,400 --> 00:27:49,440
Speaker 5: Then, when I looked at James's case, I couldn't believe it.

474
00:27:50,440 --> 00:27:52,840
Speaker 5: I've been looking at capital murder cases in the state

475
00:27:53,200 --> 00:27:57,800
Speaker 5: for twenty five years, and this case is an outlier,

476
00:27:58,040 --> 00:27:59,440
Speaker 5: unlike anything I've ever seen.

477
00:28:00,960 --> 00:28:04,359
Speaker 1: Dawn also joined Heather to fight for James's innocence. She

478
00:28:04,400 --> 00:28:07,920
Speaker 1: says it was obvious detective Elks had tunnel vision focusing

479
00:28:07,920 --> 00:28:10,960
Speaker 1: on James, not only because he was a celebrity, but

480
00:28:11,080 --> 00:28:12,560
Speaker 1: also because of his race.

481
00:28:13,680 --> 00:28:16,960
Speaker 3: The undercurrent in any of these types of small towns

482
00:28:17,640 --> 00:28:22,359
Speaker 3: is that black men are scary and they have a

483
00:28:22,400 --> 00:28:26,360
Speaker 3: place that they're supposed to study in. James Richardson had

484
00:28:26,359 --> 00:28:29,359
Speaker 3: made a very successful life for himself, had not stayed

485
00:28:29,400 --> 00:28:31,200
Speaker 3: in that place that he was supposed to stay in,

486
00:28:31,200 --> 00:28:34,600
Speaker 3: and was doing much better than many of the local residents.

487
00:28:35,520 --> 00:28:38,920
Speaker 1: One of their main post conviction arguments that the trial

488
00:28:39,000 --> 00:28:43,800
Speaker 1: was fundamentally unfair focuses on Lamuel Anderson. That's the juror

489
00:28:43,800 --> 00:28:48,120
Speaker 1: who was intimidated into convicting James despite believing he was innocent.

490
00:28:49,280 --> 00:28:53,440
Speaker 3: This happened all of the time in our judicial system,

491
00:28:53,840 --> 00:28:57,440
Speaker 3: and it is at the heart of why we end

492
00:28:57,480 --> 00:29:03,240
Speaker 3: up with so many, so many convictions that are disproportionately

493
00:29:03,280 --> 00:29:07,959
Speaker 3: impacting black communities. It is because our systems are designed

494
00:29:09,120 --> 00:29:14,280
Speaker 3: to subjugate black voices and to amplify white voices, even

495
00:29:14,320 --> 00:29:16,440
Speaker 3: when those white voices are racist.

496
00:29:17,120 --> 00:29:20,760
Speaker 1: Additionally, the team secured an interview with Vital Thorpe, the

497
00:29:20,800 --> 00:29:27,959
Speaker 1: state's star witness, and he recanted. At trial, Thorpe had

498
00:29:28,000 --> 00:29:31,959
Speaker 1: testified quote, I saw his face, but when questioned by

499
00:29:31,960 --> 00:29:35,680
Speaker 1: the investigator, he admitted he did not see the shooter's face,

500
00:29:36,080 --> 00:29:38,680
Speaker 1: that he only saw an arm and a gun coming

501
00:29:38,720 --> 00:29:42,240
Speaker 1: out the back window of the car. They also argued

502
00:29:42,280 --> 00:29:45,360
Speaker 1: that by the court denying expert testimony for the defense,

503
00:29:45,840 --> 00:29:50,800
Speaker 1: they violated James's due process rights. The defense's expert would

504
00:29:50,800 --> 00:29:53,520
Speaker 1: have explained to the jury that many of the witnesses

505
00:29:53,560 --> 00:29:57,360
Speaker 1: were white, and studies have shown that cross racial identifications

506
00:29:57,560 --> 00:30:01,840
Speaker 1: are often flawed because of own race by in James's case,

507
00:30:02,000 --> 00:30:05,200
Speaker 1: white witnesses confused him with another bar patron, who was

508
00:30:05,240 --> 00:30:08,560
Speaker 1: a dark skinned black male. Black witnesses, on the other hand,

509
00:30:08,720 --> 00:30:14,040
Speaker 1: were able to describe James accurately. James's brother, Andre, also

510
00:30:14,080 --> 00:30:17,040
Speaker 1: came forward and signed an affidavit stating that during the

511
00:30:17,040 --> 00:30:19,600
Speaker 1: scuffle in the club, he was the one who took

512
00:30:19,640 --> 00:30:23,320
Speaker 1: the BMW keys off the bar. Remember James left them

513
00:30:23,360 --> 00:30:26,600
Speaker 1: there amidst the chaos. Andre, who was never called to

514
00:30:26,640 --> 00:30:29,560
Speaker 1: the witness stand during the initial trial, said he gave

515
00:30:29,600 --> 00:30:31,640
Speaker 1: the keys to one of the guys from rally, who

516
00:30:31,680 --> 00:30:36,000
Speaker 1: was known as B. And finally, it turns out the

517
00:30:36,080 --> 00:30:39,560
Speaker 1: key evidence against James, the surveillance video footage that showed

518
00:30:39,560 --> 00:30:43,800
Speaker 1: the BMW was not the original video. It was actually

519
00:30:43,840 --> 00:30:47,320
Speaker 1: a lower quality copy that had been altered, and the

520
00:30:47,360 --> 00:30:51,440
Speaker 1: prosecution did not preserve the original copy For the defense,

521
00:30:52,040 --> 00:30:54,600
Speaker 1: Heather and Dawn analyzed the video and saw that it

522
00:30:54,680 --> 00:30:56,080
Speaker 1: was badly distorted.

523
00:30:56,720 --> 00:31:02,000
Speaker 3: What they used to support that version of events were

524
00:31:02,640 --> 00:31:07,000
Speaker 3: incredibly tainted videos, videos that never should have been introduced

525
00:31:07,040 --> 00:31:11,080
Speaker 3: into trial. The defense council had no idea that they

526
00:31:11,160 --> 00:31:16,360
Speaker 3: even needed to do deep dive investigation into the validity

527
00:31:16,440 --> 00:31:19,160
Speaker 3: of that video, because it was never disclosed to them

528
00:31:19,200 --> 00:31:26,120
Speaker 3: that that video and those images were significantly deteriorated.

529
00:31:27,440 --> 00:31:30,800
Speaker 1: In other cases, District Attorney Everett had been known to

530
00:31:30,800 --> 00:31:35,160
Speaker 1: suppress exculpatory evidence, for example, that lab tests were altered

531
00:31:35,280 --> 00:31:38,400
Speaker 1: and no evidence actually linked the defendant to the crime.

532
00:31:43,360 --> 00:31:46,959
Speaker 1: On September eighth, twenty twenty one, James filed his second

533
00:31:47,000 --> 00:31:51,120
Speaker 1: motion for appropriate relief, arguing all of this and asking

534
00:31:51,160 --> 00:32:03,840
Speaker 1: the court to vacate his conviction. Today, after years of

535
00:32:03,880 --> 00:32:07,880
Speaker 1: writing and visits, James and Hibba are engaged to be married.

536
00:32:10,520 --> 00:32:13,200
Speaker 4: It's just me and James, like nothing else matters, Like

537
00:32:13,240 --> 00:32:15,240
Speaker 4: we kind of get into this zone where it's just

538
00:32:15,320 --> 00:32:15,800
Speaker 4: the two.

539
00:32:15,640 --> 00:32:16,600
Speaker 1: Of us and.

540
00:32:18,920 --> 00:32:21,080
Speaker 4: There's nothing better than being able to see him, like

541
00:32:21,200 --> 00:32:22,760
Speaker 4: laugh and smile for a little bit.

542
00:32:24,920 --> 00:32:27,120
Speaker 1: They often talk about their plans for the future.

543
00:32:28,480 --> 00:32:34,400
Speaker 4: Aside from you know, getting married, we have collectively decided that,

544
00:32:34,560 --> 00:32:36,720
Speaker 4: you know, we have a bigger purpose in this world,

545
00:32:37,160 --> 00:32:39,040
Speaker 4: and that is, you know, not to just kind of

546
00:32:39,120 --> 00:32:44,680
Speaker 4: carry out his original plans of helping you know, children

547
00:32:44,920 --> 00:32:49,920
Speaker 4: in underserved communities, but hopefully, you know, God willing would

548
00:32:49,920 --> 00:32:52,440
Speaker 4: love to help people in this space. You know, people

549
00:32:52,440 --> 00:32:55,000
Speaker 4: that have been wrongfully convicted, families that are dealing with

550
00:32:55,040 --> 00:32:58,600
Speaker 4: wrongfully convicted individuals, or you know, whether there are spouses

551
00:32:58,720 --> 00:33:02,360
Speaker 4: or children, and you know, really just finding a way

552
00:33:02,400 --> 00:33:06,160
Speaker 4: to take all of our experiences and help other people.

553
00:33:07,520 --> 00:33:10,480
Speaker 1: James has developed widespread support for his innocence in the

554
00:33:10,520 --> 00:33:13,520
Speaker 1: Greenville community, where he's known as a youth mentor and

555
00:33:13,560 --> 00:33:14,280
Speaker 1: a role model.

556
00:33:15,280 --> 00:33:19,520
Speaker 4: There are still people in Greenville that say, gosh, a

557
00:33:19,560 --> 00:33:21,600
Speaker 4: lot of these kids would have turned out so much

558
00:33:21,600 --> 00:33:23,200
Speaker 4: better if James was here.

559
00:33:29,280 --> 00:33:31,960
Speaker 2: I know one day I'm gonna get out. I know

560
00:33:32,000 --> 00:33:33,320
Speaker 2: one day I'm gonna get out because I know I

561
00:33:33,360 --> 00:33:35,840
Speaker 2: didn't do it. So you have to just stay positive

562
00:33:36,120 --> 00:33:39,240
Speaker 2: through this whole situation. You can't never give up, because

563
00:33:39,280 --> 00:33:43,640
Speaker 2: if you ever give up, day you're accepting. We have

564
00:33:43,760 --> 00:33:46,440
Speaker 2: to stand up, you know, because that's the only way

565
00:33:46,480 --> 00:33:48,120
Speaker 2: that you're gonna be able to They're gonna make a

566
00:33:48,160 --> 00:33:49,320
Speaker 2: difference in life.

567
00:33:55,000 --> 00:33:57,280
Speaker 1: If you'd like to help support James, you can sign

568
00:33:57,320 --> 00:34:01,040
Speaker 1: a petition for his release at change dot org. Special

569
00:34:01,080 --> 00:34:04,160
Speaker 1: thanks to Lisa Spies for her tireless efforts and work

570
00:34:04,280 --> 00:34:13,280
Speaker 1: on James's case. Next time on Wrongful Conviction with Maggie

571
00:34:13,320 --> 00:34:15,399
Speaker 1: Freeling Amanda Bussy.

572
00:34:16,120 --> 00:34:18,320
Speaker 6: It was so bad, like I couldn't even go in

573
00:34:18,440 --> 00:34:23,879
Speaker 6: Walmart to get diapers without him accusing me, and then

574
00:34:23,960 --> 00:34:28,040
Speaker 6: I would risk, you know, getting beat on and stuff

575
00:34:28,080 --> 00:34:31,360
Speaker 6: like that. There was no leavin. He was going to

576
00:34:31,440 --> 00:34:32,080
Speaker 6: make sure of that.

577
00:34:37,000 --> 00:34:40,120
Speaker 1: Thanks for listening to Wrongful Conviction with Maggie Freeling. Please

578
00:34:40,160 --> 00:34:43,200
Speaker 1: support your local innocence organizations and go to the links

579
00:34:43,200 --> 00:34:45,560
Speaker 1: in our bio to see how you can help. I'd

580
00:34:45,560 --> 00:34:49,040
Speaker 1: like to thank our executive producers Jason Flamm and Kevin Wurtis,

581
00:34:49,200 --> 00:34:53,080
Speaker 1: as well as our senior producer, Annie Chelsea, producer Lyla Robinson,

582
00:34:53,200 --> 00:34:56,440
Speaker 1: and story editor Sonya Paul. The show is edited and

583
00:34:56,520 --> 00:35:00,080
Speaker 1: mixed by Annie Chelsea, with additional production by Jeff Cliber

584
00:35:00,239 --> 00:35:03,279
Speaker 1: and Connor Hall. The music in this production is by

585
00:35:03,360 --> 00:35:06,960
Speaker 1: three time OSCAR nominated composer Jay Ralph. Be sure to

586
00:35:06,960 --> 00:35:10,400
Speaker 1: follow us on Instagram at Wrongful Conviction, on Facebook at

587
00:35:10,440 --> 00:35:14,480
Speaker 1: Wrongful Conviction Podcast, and on Twitter at Wrong Conviction, as

588
00:35:14,480 --> 00:35:17,319
Speaker 1: well as at Lava for Good. On all three platforms,

589
00:35:17,680 --> 00:35:20,360
Speaker 1: you can also follow me on both Instagram and Twitter

590
00:35:20,520 --> 00:35:23,960
Speaker 1: at Maggie Freeling. Wrongful Conviction with Maggie Freeling is a

591
00:35:24,000 --> 00:35:27,560
Speaker 1: production of Lava for Good Podcasts in association with Signal

592
00:35:27,600 --> 00:35:39,480
Speaker 1: Company Number one