1 00:00:00,320 --> 00:00:02,880 Speaker 1: I'm Jason Flamm, you know. At Wrongful Conviction. We're so 2 00:00:03,000 --> 00:00:05,640 Speaker 1: proud to be a part of the evergrowing landscape of 3 00:00:05,680 --> 00:00:08,639 Speaker 1: true crime shows that revealed just how our criminal legal 4 00:00:08,680 --> 00:00:12,440 Speaker 1: system works and just how often it fails, and how 5 00:00:12,880 --> 00:00:16,480 Speaker 1: grotesquely in some cases it just collapses on people who 6 00:00:16,520 --> 00:00:19,600 Speaker 1: are innocent. And this week I've invited a colleague from 7 00:00:19,640 --> 00:00:23,400 Speaker 1: another podcast, a podcast that I really love, to bring 8 00:00:23,480 --> 00:00:27,480 Speaker 1: their own unique style to our coverage of yet another 9 00:00:27,800 --> 00:00:30,280 Speaker 1: insane wrongful conviction case. 10 00:00:33,400 --> 00:00:36,080 Speaker 2: Late at night on September seventeenth, two thousand and seven, 11 00:00:36,600 --> 00:00:39,640 Speaker 2: five people on Detroit's East Side were at a house 12 00:00:39,680 --> 00:00:43,760 Speaker 2: party watching a football game on TV. Without warning, two 13 00:00:43,920 --> 00:00:46,880 Speaker 2: men burst into the house and shot the place up. 14 00:00:47,400 --> 00:00:50,440 Speaker 2: They killed four of the five people, but one woman 15 00:00:50,479 --> 00:00:53,680 Speaker 2: survived by hiding under a bed. One of the gunmen 16 00:00:53,720 --> 00:00:57,320 Speaker 2: found her there and told her to play dead. A 17 00:00:57,360 --> 00:01:00,880 Speaker 2: few blocks away, neighbors were gathering on the street, including 18 00:01:01,000 --> 00:01:05,360 Speaker 2: fourteen year old Davante Sandford. When police talked to DeVante, 19 00:01:05,480 --> 00:01:08,280 Speaker 2: he told them that his aunt's boyfriend was a retired 20 00:01:08,360 --> 00:01:12,560 Speaker 2: homicide cop. So police asked Davante to help them with 21 00:01:12,600 --> 00:01:15,679 Speaker 2: the investigation, to tell them what he knew about the 22 00:01:15,720 --> 00:01:18,959 Speaker 2: people in the neighborhood. But in the end police forced 23 00:01:19,040 --> 00:01:22,760 Speaker 2: Davante to confess to this brutal quadruple homicide. He was 24 00:01:22,840 --> 00:01:27,040 Speaker 2: tried and convicted, then sentenced to thirty seven to ninety 25 00:01:27,120 --> 00:01:31,560 Speaker 2: years in prison. And remember he was only fourteen. In 26 00:01:31,600 --> 00:01:34,520 Speaker 2: this case, it would take a truly unexpected turn of 27 00:01:34,560 --> 00:01:39,080 Speaker 2: events for DeVante's innocence to come to light. This is 28 00:01:39,120 --> 00:01:52,720 Speaker 2: wrongful conviction. Hey guys, it's Laura and I writer and 29 00:01:52,760 --> 00:01:55,880 Speaker 2: I'm honored to be guest hosting this episode of Wrongful Conviction. 30 00:01:56,520 --> 00:01:58,920 Speaker 2: I'm the co director of the Center on Wrongful Convictions 31 00:01:58,920 --> 00:02:02,800 Speaker 2: at Northwestern Universe. And if my voice sounds familiar, it's 32 00:02:02,840 --> 00:02:06,080 Speaker 2: because I've guest hosted other episodes of this podcast, and 33 00:02:06,240 --> 00:02:09,600 Speaker 2: I co host another series on this feed called False Confessions. 34 00:02:10,000 --> 00:02:12,680 Speaker 2: Today's episode is one of the most important and shocking 35 00:02:12,720 --> 00:02:15,240 Speaker 2: cases of wrongful conviction that I know of, and I 36 00:02:15,280 --> 00:02:18,120 Speaker 2: am so honored to tell you the story. I'm here 37 00:02:18,200 --> 00:02:21,959 Speaker 2: with two very special guests, Meghan Crane and DeVante Sandford. 38 00:02:27,280 --> 00:02:29,720 Speaker 3: I'm Meghan Crane, I'm an attorney, and I'm the co 39 00:02:29,800 --> 00:02:32,840 Speaker 3: director of the Missouri office of the MacArthur Justice Center. 40 00:02:33,120 --> 00:02:35,560 Speaker 2: We are so excited to have you, and there's no 41 00:02:35,560 --> 00:02:37,720 Speaker 2: one in this world like DeVante Sandford. Davante, we are 42 00:02:37,800 --> 00:02:40,079 Speaker 2: so happy to have you here. Do you mind introducing 43 00:02:40,120 --> 00:02:40,639 Speaker 2: yourself to. 44 00:02:41,280 --> 00:02:44,600 Speaker 4: How you doing. My name is DeVante Sandford. I'm a zannerie, 45 00:02:45,000 --> 00:02:48,400 Speaker 4: I'm a son, I'm a father, entrepreneur and. 46 00:02:48,440 --> 00:02:52,440 Speaker 2: All around amazing human being. We are so grateful to 47 00:02:52,520 --> 00:02:55,799 Speaker 2: have you here, Davante. You know your case. When I 48 00:02:55,840 --> 00:02:58,960 Speaker 2: think about all of the wrongful conviction cases that I've 49 00:02:59,000 --> 00:03:02,440 Speaker 2: worked on, that people like Megan, who's one of my heroes, 50 00:03:02,480 --> 00:03:05,079 Speaker 2: have worked on, that all of us in this entire 51 00:03:05,080 --> 00:03:08,200 Speaker 2: space have worked on, yours is always the first one 52 00:03:08,200 --> 00:03:11,880 Speaker 2: that comes to my mind as one of the most 53 00:03:12,240 --> 00:03:19,160 Speaker 2: difficult examples of just sheer injustice. And it starts when 54 00:03:19,160 --> 00:03:22,840 Speaker 2: you're a fourteen year old kid living in Detroit, Michigan, 55 00:03:22,880 --> 00:03:25,440 Speaker 2: on the East side of Detroit on Belin Street. What 56 00:03:25,600 --> 00:03:28,320 Speaker 2: was life like for you back in the day? 57 00:03:29,240 --> 00:03:34,920 Speaker 5: Back in the day, it was it was kind of hard. 58 00:03:35,000 --> 00:03:38,400 Speaker 4: You know, I was going through a lot mentally, spiritually, emotionally, 59 00:03:38,560 --> 00:03:41,920 Speaker 4: like the family dynamic was really wasn't there as far 60 00:03:41,920 --> 00:03:44,240 Speaker 4: as like a lot of support, you know, my mother, 61 00:03:44,440 --> 00:03:48,600 Speaker 4: like she was dealing with a drug abuse issue, So 62 00:03:48,960 --> 00:03:50,520 Speaker 4: like I had like a lot going on. 63 00:03:50,600 --> 00:03:54,000 Speaker 2: Or Honesty, So you're living on Bilin Street. It's a 64 00:03:54,000 --> 00:03:57,200 Speaker 2: tough life. You're there with your mom and siblings. There's 65 00:03:57,280 --> 00:04:00,960 Speaker 2: drugs in the house. This is a in a tough 66 00:04:01,000 --> 00:04:03,720 Speaker 2: block in a tough part of Detroit. When do you 67 00:04:03,720 --> 00:04:08,040 Speaker 2: think back DeVante to yourself at fourteen, what did you 68 00:04:08,080 --> 00:04:09,080 Speaker 2: think your future. 69 00:04:08,840 --> 00:04:11,800 Speaker 4: Was going to be growing up? Like, I didn't hear 70 00:04:12,040 --> 00:04:14,480 Speaker 4: as often as I hear it now. I didn't hear 71 00:04:14,520 --> 00:04:17,719 Speaker 4: the word opportunity. I didn't hear a word growth. I 72 00:04:17,760 --> 00:04:20,320 Speaker 4: didn't hear a word future. I didn't I didn't hear 73 00:04:20,360 --> 00:04:22,920 Speaker 4: those type of words. You know, somebody would have asked 74 00:04:22,960 --> 00:04:25,440 Speaker 4: me what your future looked like when I was fourteen, 75 00:04:25,480 --> 00:04:26,960 Speaker 4: I wouldn't have been able to even answer that. 76 00:04:27,400 --> 00:04:29,760 Speaker 5: I can answer it now, but not back then. 77 00:04:30,880 --> 00:04:33,760 Speaker 2: So you grew up not hearing words like future and opportunity. 78 00:04:33,800 --> 00:04:35,479 Speaker 2: What words did you hear instead? 79 00:04:36,120 --> 00:04:40,920 Speaker 4: Get rich and die trying, you know, hustle and no luck. 80 00:04:41,320 --> 00:04:43,640 Speaker 4: The East side of Detroit is like one of the 81 00:04:43,680 --> 00:04:47,760 Speaker 4: worstest parts of Detroit. Or Honesty, like very high crime rate, 82 00:04:48,520 --> 00:04:52,120 Speaker 4: very very high crime rate, very high poverty rate, very 83 00:04:52,160 --> 00:04:55,920 Speaker 4: low rates when it comes to reading and education amongst 84 00:04:55,960 --> 00:04:58,640 Speaker 4: like the youth. 85 00:04:57,520 --> 00:05:00,840 Speaker 2: And you know you're you're growing up at that and 86 00:05:01,560 --> 00:05:04,720 Speaker 2: you had a couple of extra obstacles, one in particular 87 00:05:04,760 --> 00:05:07,360 Speaker 2: that not every kid had grown up on the East 88 00:05:07,360 --> 00:05:09,000 Speaker 2: side of Detroit. I want to ask you if it's 89 00:05:09,040 --> 00:05:12,200 Speaker 2: okay about your site, because I know you've had some 90 00:05:12,240 --> 00:05:14,160 Speaker 2: issues with your site. Can you tell us about that. 91 00:05:14,279 --> 00:05:16,440 Speaker 4: I'm partially blind in like one of my eyes. That 92 00:05:16,560 --> 00:05:21,920 Speaker 4: happened when I was maybe fourth fifth grade, and I 93 00:05:21,960 --> 00:05:25,279 Speaker 4: actually I had to scar corneal so I had to 94 00:05:25,279 --> 00:05:27,760 Speaker 4: get like I used to have to get surgeries. 95 00:05:28,080 --> 00:05:28,320 Speaker 5: You know. 96 00:05:28,640 --> 00:05:30,400 Speaker 4: At the time, I just felt like it was just 97 00:05:30,560 --> 00:05:32,520 Speaker 4: different things they was trying on me to see if 98 00:05:32,560 --> 00:05:34,120 Speaker 4: someone was going to work. 99 00:05:34,279 --> 00:05:37,400 Speaker 5: You know. It caused me a lot of like trauma. 100 00:05:37,600 --> 00:05:39,960 Speaker 4: Just had the simple fact, you know, being in grade school, 101 00:05:40,000 --> 00:05:43,200 Speaker 4: I then to go with where like eypatches, kids making 102 00:05:43,240 --> 00:05:45,720 Speaker 4: like jokes and stuff for you and stuff like that. 103 00:05:45,760 --> 00:05:47,800 Speaker 4: So like that was very like traumatizing. 104 00:05:48,040 --> 00:05:49,960 Speaker 2: I just got to ask you one other question about 105 00:05:50,080 --> 00:05:54,440 Speaker 2: who you were before this case happened to you. How'd 106 00:05:54,480 --> 00:05:56,440 Speaker 2: you spend your time when you want to have fun? 107 00:05:56,960 --> 00:05:57,800 Speaker 2: What'd you do for fun? 108 00:05:58,440 --> 00:06:00,480 Speaker 4: I was too busy trying to like look for food 109 00:06:00,480 --> 00:06:03,400 Speaker 4: to eat because I probably ain't eating like two days. 110 00:06:03,920 --> 00:06:07,080 Speaker 4: You know, I didn't really know too much of like 111 00:06:07,720 --> 00:06:11,760 Speaker 4: fun or enjoying myself or honestly outside and maybe going 112 00:06:11,800 --> 00:06:17,719 Speaker 4: to like a neighborhood like basement party. But it's like 113 00:06:18,279 --> 00:06:21,000 Speaker 4: looks coming dece even look at now, Like I didn't 114 00:06:21,040 --> 00:06:23,880 Speaker 4: know about opportunity. I know everything about opportunity now, I 115 00:06:23,880 --> 00:06:27,279 Speaker 4: didn't know about what a future looked like you asking 116 00:06:27,279 --> 00:06:27,800 Speaker 4: me that question. 117 00:06:27,839 --> 00:06:29,119 Speaker 5: Now, my future is very bright. 118 00:06:29,520 --> 00:06:31,240 Speaker 2: Your future is bright, and I want to hear so 119 00:06:31,320 --> 00:06:33,480 Speaker 2: much more about that. But first I want to talk 120 00:06:33,520 --> 00:06:35,120 Speaker 2: about what you had to go through to get to 121 00:06:35,160 --> 00:06:38,640 Speaker 2: that future, right, what you had to go through to 122 00:06:38,760 --> 00:06:40,880 Speaker 2: get from being that fourteen year old kid on Beeland 123 00:06:40,920 --> 00:06:43,280 Speaker 2: Street to the man you are. 124 00:06:43,320 --> 00:06:43,560 Speaker 5: Now. 125 00:06:44,480 --> 00:06:46,120 Speaker 2: This is where I'm going to bring in your lawyer, 126 00:06:46,680 --> 00:06:50,880 Speaker 2: Meghan Crane. Megan, it's fantastic to have you here. Can 127 00:06:50,960 --> 00:06:54,560 Speaker 2: you take us back to the night of September seventeenth, 128 00:06:54,640 --> 00:06:59,640 Speaker 2: two thousand and seven, which is when something pretty horrible 129 00:06:59,680 --> 00:07:01,680 Speaker 2: happened right around the corner from where Defonte lived at 130 00:07:01,720 --> 00:07:05,559 Speaker 2: the time that set a whole chain of events into motion, 131 00:07:06,320 --> 00:07:08,080 Speaker 2: almost unstoppably from the beginning. 132 00:07:08,800 --> 00:07:12,680 Speaker 3: So it's a Monday night, September seventeenth, two thousand and seven. 133 00:07:13,120 --> 00:07:15,240 Speaker 3: It's around eleven thirty at night. I think it was 134 00:07:15,320 --> 00:07:18,320 Speaker 3: a Monday night football night. So a football game had 135 00:07:18,360 --> 00:07:20,600 Speaker 3: gone late and was wrapping up, and there are five 136 00:07:20,640 --> 00:07:24,800 Speaker 3: people inside nineteen seven forty one Runyon Street watching the 137 00:07:24,880 --> 00:07:29,360 Speaker 3: end of the game when two adult men multiple witnesses 138 00:07:29,400 --> 00:07:33,080 Speaker 3: report they're around six feet tall skinny, approach the house 139 00:07:33,160 --> 00:07:36,760 Speaker 3: with two guns. They start firing a lot of bullets 140 00:07:36,800 --> 00:07:39,239 Speaker 3: from the outside of the house into the front window, 141 00:07:39,400 --> 00:07:42,680 Speaker 3: and then they bombard through the screen and front door 142 00:07:42,680 --> 00:07:45,160 Speaker 3: of this house and just shoot up the living room. 143 00:07:45,560 --> 00:07:48,440 Speaker 3: They shoot all five adults sitting in that room, killing 144 00:07:48,480 --> 00:07:51,800 Speaker 3: four of them, including the owner of the house, Michael Robinson, 145 00:07:51,880 --> 00:07:54,400 Speaker 3: a thirty three year old man who we now know 146 00:07:54,600 --> 00:07:57,240 Speaker 3: to have been a local marijuana grower and dealer in 147 00:07:57,280 --> 00:08:00,360 Speaker 3: the community, and four of his friends. Three of his 148 00:08:00,480 --> 00:08:02,960 Speaker 3: friends pass away, but one of them is shot a 149 00:08:03,000 --> 00:08:06,120 Speaker 3: couple times but escapes to a back bedroom. In that 150 00:08:06,160 --> 00:08:09,200 Speaker 3: back bedroom, Michael Robinson's seven year old son happens to 151 00:08:09,240 --> 00:08:12,440 Speaker 3: be asleep at the time, and the surviving victim hides 152 00:08:12,560 --> 00:08:15,200 Speaker 3: under his bed. She later reports that one of the 153 00:08:15,240 --> 00:08:18,239 Speaker 3: shooters comes into the bedroom and actually says play dead, 154 00:08:18,800 --> 00:08:22,240 Speaker 3: be quiet, and so she survives, maybe thanks to those 155 00:08:22,280 --> 00:08:25,240 Speaker 3: words of that shooter. And as she's hiding in that bedroom, 156 00:08:25,280 --> 00:08:29,200 Speaker 3: she hears someone in the basement of the house moving around, rustling, 157 00:08:29,280 --> 00:08:32,000 Speaker 3: a lot of activity down there, and then they say 158 00:08:32,080 --> 00:08:34,400 Speaker 3: let's get out of here, and they both flee the scene. 159 00:08:35,040 --> 00:08:39,240 Speaker 3: Multiple witnesses report only two people. One of those witnesses 160 00:08:39,320 --> 00:08:41,960 Speaker 3: is a man named Jesse King who lived across the street. 161 00:08:42,360 --> 00:08:45,800 Speaker 3: He was a chaplain actually for the Detroit Police. He 162 00:08:45,920 --> 00:08:49,880 Speaker 3: had firearms in his house, partially because of his professional position, 163 00:08:50,360 --> 00:08:52,600 Speaker 3: and he fired back because he had heard the shots 164 00:08:52,600 --> 00:08:54,680 Speaker 3: and he saw these shooters fleeing the scene, and he 165 00:08:54,760 --> 00:08:59,439 Speaker 3: exchanges fire with the shooters. He definitively says these were 166 00:08:59,480 --> 00:09:03,679 Speaker 3: two men, and he describes their physical build, their height 167 00:09:03,800 --> 00:09:07,360 Speaker 3: in some detail, and the attire they were wearing. Meanwhile, 168 00:09:07,360 --> 00:09:10,439 Speaker 3: as all this is going on, Davante lives just around 169 00:09:10,480 --> 00:09:13,800 Speaker 3: the corner from nineteen seventy forty one Runyon Street. As 170 00:09:13,800 --> 00:09:17,000 Speaker 3: he said, on Beelin Street, Davante had heard the commotion. 171 00:09:17,440 --> 00:09:20,240 Speaker 3: He heard that something was happening around the corner. So 172 00:09:20,400 --> 00:09:22,880 Speaker 3: it's late at night, he's in his pajamas. He comes 173 00:09:22,880 --> 00:09:24,400 Speaker 3: outside to see what's going on. 174 00:09:25,080 --> 00:09:27,120 Speaker 2: So I just want to be clear. So what you've 175 00:09:27,160 --> 00:09:31,600 Speaker 2: got here is a horrific act of bloodshed, but it 176 00:09:31,600 --> 00:09:34,760 Speaker 2: has witnesses and they all said the same thing, right, 177 00:09:35,160 --> 00:09:37,440 Speaker 2: They said it was two adult men, which is a 178 00:09:37,440 --> 00:09:40,600 Speaker 2: pretty good lead to go on. But the police goes 179 00:09:40,600 --> 00:09:42,760 Speaker 2: somewhere a little different with this. They go around the 180 00:09:42,800 --> 00:09:46,160 Speaker 2: corner to Beelin Street. How do the police get there 181 00:09:46,360 --> 00:09:48,600 Speaker 2: and how does this go down? When they start talking 182 00:09:48,600 --> 00:09:49,160 Speaker 2: to Davante. 183 00:09:49,559 --> 00:09:52,319 Speaker 3: My understand is the police were just canvassing the neighborhood. 184 00:09:52,320 --> 00:09:54,800 Speaker 3: There are a couple different officers out going down different 185 00:09:54,840 --> 00:09:57,600 Speaker 3: streets looking for anyone who has something to say, and 186 00:09:57,679 --> 00:10:00,000 Speaker 3: so as part of that canvas, they're walking by DeVante's 187 00:10:00,320 --> 00:10:02,880 Speaker 3: and they approach him to say, did you see anything? 188 00:10:02,960 --> 00:10:06,680 Speaker 3: Do you know what's going on? But things quickly evolve 189 00:10:06,760 --> 00:10:10,400 Speaker 3: from there and become much different than from that casual conversation. 190 00:10:10,960 --> 00:10:14,480 Speaker 2: Now, Davante, you are outside your house when this happens. 191 00:10:15,040 --> 00:10:18,640 Speaker 2: You're in your pajama pants, right, You're a fourteen year 192 00:10:18,640 --> 00:10:21,640 Speaker 2: old kid who heard the commotion, comes out like all 193 00:10:21,679 --> 00:10:24,520 Speaker 2: the other neighbors did, to see what's going on, and 194 00:10:24,760 --> 00:10:29,720 Speaker 2: the Detroit police approach you. What's going through your head 195 00:10:29,720 --> 00:10:30,719 Speaker 2: as they start to. 196 00:10:30,720 --> 00:10:34,400 Speaker 4: Talk to you, not really like understanding what was going on. 197 00:10:34,720 --> 00:10:39,000 Speaker 4: That whole little ordeal. It changed my life or honesty, 198 00:10:39,679 --> 00:10:42,280 Speaker 4: I'll never forget it. And like they was asking me questions, 199 00:10:42,320 --> 00:10:44,959 Speaker 4: where I live, where I'm from, did I hear anything, 200 00:10:45,000 --> 00:10:48,240 Speaker 4: did I see anything? I believe I had told him 201 00:10:48,640 --> 00:10:51,680 Speaker 4: I had just came from being with my auntie's boyfriend. 202 00:10:51,880 --> 00:10:55,840 Speaker 4: He was a retired detective for the head of homicide. 203 00:10:56,280 --> 00:10:58,920 Speaker 4: They actually knew him, so they hopped on the phone 204 00:10:58,920 --> 00:10:59,840 Speaker 4: and they called them. 205 00:11:00,320 --> 00:11:02,080 Speaker 5: He was like, yeah, you know, he just came from 206 00:11:02,120 --> 00:11:03,959 Speaker 5: being with me. I guess. 207 00:11:03,960 --> 00:11:06,360 Speaker 4: They explained to him what had like the case they 208 00:11:06,440 --> 00:11:09,559 Speaker 4: was working on, the different things like that, and they 209 00:11:09,600 --> 00:11:13,160 Speaker 4: handed me the phone and he was like, look, these 210 00:11:13,280 --> 00:11:16,240 Speaker 4: is my guys, man, So if you know some helped 211 00:11:16,280 --> 00:11:19,240 Speaker 4: them out. I don't know nothing, but I They proceeded 212 00:11:19,240 --> 00:11:23,400 Speaker 4: to take me home and they had my grandmother signed 213 00:11:23,400 --> 00:11:27,560 Speaker 4: a waiver. She signed a waiver. From there, they took 214 00:11:27,640 --> 00:11:31,280 Speaker 4: me to back to the crime scene. But I'm not mistaken, 215 00:11:32,000 --> 00:11:34,280 Speaker 4: and they gave me a gun shop ballistics test. 216 00:11:34,559 --> 00:11:36,120 Speaker 2: So Megan, I just want to make some sense of 217 00:11:36,200 --> 00:11:39,199 Speaker 2: what's going on here. These police somehow come across the 218 00:11:39,240 --> 00:11:42,360 Speaker 2: fourteen year old kid in the pajama pants right, who's 219 00:11:42,360 --> 00:11:44,320 Speaker 2: just as confused as everybody else in the neighborhood, and 220 00:11:44,360 --> 00:11:47,960 Speaker 2: ended up taking him into the police station for questioning 221 00:11:48,080 --> 00:11:51,000 Speaker 2: what's going on here? How did they settle on DeVante? 222 00:11:51,440 --> 00:11:54,080 Speaker 3: I'll be honest, I find it pretty hard to explain 223 00:11:54,160 --> 00:11:57,840 Speaker 3: even today, a decade more than a decade after this 224 00:11:57,880 --> 00:12:00,320 Speaker 3: and after spend many years working on this case, is 225 00:12:00,800 --> 00:12:04,160 Speaker 3: my best understanding of how this went down. I think 226 00:12:04,200 --> 00:12:07,040 Speaker 3: the police officers were doing this canvas of the neighborhood. 227 00:12:07,080 --> 00:12:09,800 Speaker 3: They come upon Davante, they're kind of just asking him 228 00:12:09,840 --> 00:12:12,199 Speaker 3: the same general questions as anyone else. But when they 229 00:12:12,240 --> 00:12:15,000 Speaker 3: realize this Bill Rice connection and they get Bill on 230 00:12:15,040 --> 00:12:18,200 Speaker 3: the phone with Davante, and Bill encourages Davante to help 231 00:12:18,280 --> 00:12:21,080 Speaker 3: him out, cooperate, do what he can. That kind of 232 00:12:21,160 --> 00:12:24,360 Speaker 3: is the first domino to go that sets this sets 233 00:12:24,400 --> 00:12:27,440 Speaker 3: things in motion. At that point, they are looking for 234 00:12:27,440 --> 00:12:29,080 Speaker 3: someone who can kind of like tell them what's up 235 00:12:29,080 --> 00:12:31,840 Speaker 3: in the neighborhood, like who in this neighborhood has guns, 236 00:12:31,880 --> 00:12:34,280 Speaker 3: who in this neighborhood's involved with drugs? Who do you 237 00:12:34,320 --> 00:12:37,760 Speaker 3: think might be involved in this? And so Davante, because 238 00:12:37,760 --> 00:12:40,040 Speaker 3: he's just been encouraged to cooperate, says, sure, I can 239 00:12:40,200 --> 00:12:42,160 Speaker 3: kind of tell you who I know who has guns 240 00:12:42,240 --> 00:12:45,640 Speaker 3: or who's involved with trouble. You know, he was used 241 00:12:45,640 --> 00:12:48,760 Speaker 3: to being picked on and someone that when he got 242 00:12:48,760 --> 00:12:52,400 Speaker 3: positive attention it felt good and had a powerful effect 243 00:12:52,440 --> 00:12:55,480 Speaker 3: like any fourteen year old kid. So it felt good 244 00:12:55,520 --> 00:12:58,439 Speaker 3: to be needed by these police officers. And so they say, 245 00:12:58,640 --> 00:13:00,360 Speaker 3: can you show us? Can you give us a tour? 246 00:13:00,720 --> 00:13:04,480 Speaker 3: And so Davante gets in the car and kind of 247 00:13:05,080 --> 00:13:08,480 Speaker 3: shows them the way around the neighborhood. Things transpire from there. 248 00:13:08,640 --> 00:13:10,800 Speaker 3: They take him to the high school. They sit in 249 00:13:10,840 --> 00:13:12,480 Speaker 3: the parking lot in the high school for a while 250 00:13:12,520 --> 00:13:15,439 Speaker 3: and try to get information out of Davante. They take 251 00:13:15,480 --> 00:13:18,400 Speaker 3: Davante to get some fast food. Davante just told us 252 00:13:18,400 --> 00:13:21,120 Speaker 3: sometimes he'd go two days without eating. They buy him 253 00:13:21,120 --> 00:13:23,840 Speaker 3: a burger and fries to entice him to share more. 254 00:13:24,000 --> 00:13:27,200 Speaker 3: Give us more, tell us anything you can, and the 255 00:13:27,200 --> 00:13:30,880 Speaker 3: more juicy stuff, the more relevant information he can give 256 00:13:30,880 --> 00:13:34,720 Speaker 3: about drugs, guns crimes, the better. Maybe the more burgers, 257 00:13:34,720 --> 00:13:35,760 Speaker 3: the more fries you'll get. 258 00:13:36,360 --> 00:13:39,320 Speaker 2: Right, be a hero. This quadruple hamas, I just went 259 00:13:39,320 --> 00:13:41,840 Speaker 2: down in your neighborhood, be a hero. But the thing is, 260 00:13:42,120 --> 00:13:44,800 Speaker 2: you know, Davante, they took you around the area, they 261 00:13:44,800 --> 00:13:46,600 Speaker 2: brought you the burger, they brought you back to the station. 262 00:13:48,160 --> 00:13:51,439 Speaker 2: But at some point the tables turned right. They were 263 00:13:51,440 --> 00:13:53,480 Speaker 2: no longer looking for information. They were looking for you 264 00:13:53,520 --> 00:13:58,400 Speaker 2: to confess. Can you tell us how it came about 265 00:13:58,400 --> 00:14:02,200 Speaker 2: that you ended up confessing to committing this quadruple homicide. 266 00:14:02,640 --> 00:14:07,840 Speaker 5: Honest answer. I wanted to go home. I was scared. 267 00:14:09,240 --> 00:14:11,880 Speaker 4: They can't promise me that if I was hurry up 268 00:14:11,920 --> 00:14:14,440 Speaker 4: and get this over with, that's the quicker I can 269 00:14:14,480 --> 00:14:18,760 Speaker 4: go home. I was at a point I just I 270 00:14:18,800 --> 00:14:20,840 Speaker 4: wanted to be anywhere except for their. 271 00:14:23,200 --> 00:14:26,720 Speaker 5: I'm fourteen, barely like experienced anything for real. 272 00:14:27,640 --> 00:14:32,920 Speaker 4: And you know the promise was if I basically apply, 273 00:14:33,240 --> 00:14:35,840 Speaker 4: and you know, I go through with this, you know 274 00:14:35,960 --> 00:14:37,560 Speaker 4: my reward was going home. 275 00:14:56,680 --> 00:14:58,280 Speaker 2: Megan, Can you tell us a little bit more about 276 00:14:58,320 --> 00:15:01,840 Speaker 2: the interrogation when you've looked at it real eyes? How 277 00:15:01,880 --> 00:15:03,800 Speaker 2: long did it last? What kind of techniques were they 278 00:15:03,840 --> 00:15:06,680 Speaker 2: using against somebody as young and vulnerable as Davante in 279 00:15:06,760 --> 00:15:07,840 Speaker 2: order to get this confession? 280 00:15:08,160 --> 00:15:10,480 Speaker 3: Well, first, I think it's important to note that, I 281 00:15:10,480 --> 00:15:12,720 Speaker 3: mean this starts in the middle of the night. So 282 00:15:12,760 --> 00:15:16,000 Speaker 3: they have Davante, whether it's in the car, in the 283 00:15:16,040 --> 00:15:17,960 Speaker 3: parking lot of high school, or in the police station, 284 00:15:18,480 --> 00:15:21,960 Speaker 3: from one am through up until some point the next 285 00:15:22,000 --> 00:15:25,680 Speaker 3: day eight to twelve hours for round one, and that's 286 00:15:25,680 --> 00:15:28,080 Speaker 3: only round one of multiple rounds that are to come 287 00:15:28,160 --> 00:15:30,760 Speaker 3: over the next twenty four to forty eight hours. In 288 00:15:30,800 --> 00:15:34,000 Speaker 3: that first round, they are playing the friend. They're buying 289 00:15:34,040 --> 00:15:36,160 Speaker 3: him the burger, they're buying him the fries. He goes 290 00:15:36,160 --> 00:15:38,760 Speaker 3: to the police station. He's playing on the computer. He's 291 00:15:38,800 --> 00:15:42,200 Speaker 3: looking on social media to help them find people to 292 00:15:42,200 --> 00:15:44,320 Speaker 3: show them pictures of the guns of the people in 293 00:15:44,320 --> 00:15:46,680 Speaker 3: the neighborhood who might have done this. And that's making 294 00:15:46,760 --> 00:15:48,960 Speaker 3: him feel important, and he has access to computer that 295 00:15:49,000 --> 00:15:51,720 Speaker 3: he doesn't always have access to at home. And at 296 00:15:51,720 --> 00:15:54,280 Speaker 3: the end of that, by the mid day the next day, 297 00:15:54,280 --> 00:15:58,320 Speaker 3: when they bring Davante home, he has signed a handwritten 298 00:15:58,360 --> 00:16:01,920 Speaker 3: statement saying five kids from the neighborhood did this. He 299 00:16:02,040 --> 00:16:05,960 Speaker 3: names them Tone Tone, Tone loose. They did it with 300 00:16:06,040 --> 00:16:09,440 Speaker 3: five guns. He names those five guns a Mini fourteen, 301 00:16:09,480 --> 00:16:12,680 Speaker 3: a handgun, a thirty eight caliber, an assault style weapon, 302 00:16:13,120 --> 00:16:15,800 Speaker 3: and he tells a story that they met up at 303 00:16:15,800 --> 00:16:18,720 Speaker 3: a fast food restaurant earlier that day Coney Island to 304 00:16:18,800 --> 00:16:21,760 Speaker 3: talk about this. Davante was with them leading up to it, 305 00:16:22,000 --> 00:16:24,240 Speaker 3: but he freaked out and he didn't stick around. He 306 00:16:24,320 --> 00:16:26,680 Speaker 3: went home and didn't go to this to run in 307 00:16:26,720 --> 00:16:29,120 Speaker 3: street with them, but he knows what happened. 308 00:16:29,440 --> 00:16:32,040 Speaker 2: Do the police check out Davante's story. 309 00:16:32,520 --> 00:16:34,440 Speaker 3: They do check out some of it, some of it 310 00:16:34,480 --> 00:16:38,720 Speaker 3: doesn't match, and they kind of proceed full steam ahead. Inexplicably. 311 00:16:38,840 --> 00:16:41,520 Speaker 3: They have five perpetrators versus the witnesses that Tay Too 312 00:16:41,840 --> 00:16:46,320 Speaker 3: h Okay, who cares ballistics from the scene, show definitively 313 00:16:46,720 --> 00:16:49,200 Speaker 3: that this gun was an AK forty seven and a 314 00:16:49,240 --> 00:16:53,120 Speaker 3: forty five pistol. There's no question about that. The ballistics 315 00:16:53,120 --> 00:16:55,120 Speaker 3: are not from a Mini fourteen, they're not from a 316 00:16:55,120 --> 00:16:57,760 Speaker 3: thirty five caliber, They're not from a handgun. They go 317 00:16:57,880 --> 00:17:00,360 Speaker 3: check out this fast food restaurant they supposedly met up 318 00:17:00,400 --> 00:17:03,200 Speaker 3: at the Coney Island that Coney Island is closed for 319 00:17:03,280 --> 00:17:06,320 Speaker 3: construction and has been for months. They check out the 320 00:17:06,359 --> 00:17:09,200 Speaker 3: people Davante has named Tone Tone Loas they go pick 321 00:17:09,280 --> 00:17:13,000 Speaker 3: up multiple of them, they question them that night. That morning, 322 00:17:13,359 --> 00:17:16,600 Speaker 3: they're cleared by Alibis and they're let go, but it 323 00:17:16,680 --> 00:17:18,600 Speaker 3: doesn't take their sites off Davante. 324 00:17:19,480 --> 00:17:22,040 Speaker 2: The story is by this point riddled with errors. Right, 325 00:17:22,200 --> 00:17:25,760 Speaker 2: it's the wrong people, the wrong guns, the wrong place, 326 00:17:25,840 --> 00:17:29,280 Speaker 2: at this Coney Island restaurant that's closed. Nothing there makes sense. 327 00:17:29,880 --> 00:17:33,160 Speaker 2: But the police still have you in their sights, Davante. 328 00:17:33,200 --> 00:17:35,360 Speaker 2: They come back and get you right, and they bring 329 00:17:35,400 --> 00:17:38,200 Speaker 2: you back to the station, and that's when things start 330 00:17:38,200 --> 00:17:39,040 Speaker 2: to get even worse. 331 00:17:39,280 --> 00:17:39,639 Speaker 5: Megan. 332 00:17:39,760 --> 00:17:42,880 Speaker 2: They question Davante again and tell us about the confession 333 00:17:42,880 --> 00:17:44,560 Speaker 2: that results after the second round. 334 00:17:44,760 --> 00:17:47,840 Speaker 3: So they do take Davante home briefly. I think during 335 00:17:47,880 --> 00:17:50,560 Speaker 3: that time they're picking up Tone Tone loas the other 336 00:17:50,600 --> 00:17:53,439 Speaker 3: guys they're questioning them, and when they clear them and 337 00:17:53,480 --> 00:17:56,160 Speaker 3: they realize, huh, this isn't making much sense, they decide 338 00:17:56,160 --> 00:17:58,479 Speaker 3: we got to go get Davante again, so they go 339 00:17:58,520 --> 00:18:02,160 Speaker 3: pick up Davante's mom is home at the time. They 340 00:18:02,160 --> 00:18:04,240 Speaker 3: tell her, you know, we don't think your son's telling 341 00:18:04,359 --> 00:18:06,680 Speaker 3: us the truth. We need to bring him back in 342 00:18:06,720 --> 00:18:10,080 Speaker 3: and talk to him about this homicide. His mom says okay, 343 00:18:10,600 --> 00:18:14,040 Speaker 3: and she, as a mom, is you know, socialized to 344 00:18:14,080 --> 00:18:16,840 Speaker 3: do that encourages Davante to tell the truth, to tell 345 00:18:16,880 --> 00:18:19,919 Speaker 3: the police, and from what Davante has always told me, 346 00:18:20,040 --> 00:18:23,840 Speaker 3: things were dramatically changed from there. They had been his friends, 347 00:18:23,880 --> 00:18:26,240 Speaker 3: they'd been helpful, they'd been encouraging before that. As soon 348 00:18:26,240 --> 00:18:28,960 Speaker 3: as he's back in the car, they are aggressive. They're 349 00:18:28,960 --> 00:18:31,199 Speaker 3: confronting him, they're yelling at him, they're telling him, we 350 00:18:31,280 --> 00:18:34,119 Speaker 3: know you're lying. And at this point there is a 351 00:18:34,320 --> 00:18:38,560 Speaker 3: very common tactic of lying to DeVante and using false evidence. 352 00:18:38,680 --> 00:18:40,960 Speaker 3: They had taken his shoes earlier when they had him 353 00:18:40,960 --> 00:18:43,280 Speaker 3: at the police station. They said, we tested your shoes. 354 00:18:43,720 --> 00:18:46,280 Speaker 3: You have blood on your shoes, so we now know 355 00:18:46,640 --> 00:18:49,280 Speaker 3: you were there. We know you did this, and we 356 00:18:49,359 --> 00:18:51,240 Speaker 3: know you're lying to us. So we don't want to 357 00:18:51,280 --> 00:18:54,639 Speaker 3: hear anything else. We just want to hear the truth. 358 00:18:55,440 --> 00:18:56,400 Speaker 3: Tell us what happened. 359 00:18:57,200 --> 00:19:01,280 Speaker 2: Wow, So I mean, Devonte, I'm just picture the mental 360 00:19:01,359 --> 00:19:05,000 Speaker 2: whirlwind that you must have been experiencing at this time. 361 00:19:05,040 --> 00:19:06,680 Speaker 2: After being picked up off the street in the middle 362 00:19:06,680 --> 00:19:09,680 Speaker 2: of the night, right after the shooting. What was it 363 00:19:09,840 --> 00:19:12,000 Speaker 2: like to realize that all of a sudden, these officers 364 00:19:12,040 --> 00:19:14,439 Speaker 2: who just a few hours earlier had been to your friends. 365 00:19:15,440 --> 00:19:16,960 Speaker 2: What was it like to realize that they were coming 366 00:19:16,960 --> 00:19:17,320 Speaker 2: for you. 367 00:19:17,840 --> 00:19:25,359 Speaker 4: It was hell. It was very stressful, very traumatizing. You 368 00:19:25,400 --> 00:19:28,520 Speaker 4: feel hopeless in situations like that, right, because it's like, 369 00:19:29,280 --> 00:19:30,560 Speaker 4: how did I get to this point? 370 00:19:30,720 --> 00:19:30,920 Speaker 5: Right? 371 00:19:31,359 --> 00:19:34,320 Speaker 4: I went from walking down the street to them showing 372 00:19:34,359 --> 00:19:37,800 Speaker 4: me pictures of like the deceased people, people who was once. 373 00:19:37,600 --> 00:19:39,200 Speaker 5: Alive, not these people are deceased. 374 00:19:39,240 --> 00:19:42,280 Speaker 4: Right, And on top of that, like everything was just 375 00:19:42,320 --> 00:19:44,640 Speaker 4: like happening so fast. 376 00:19:44,840 --> 00:19:46,040 Speaker 5: So it was you know. 377 00:19:46,000 --> 00:19:51,399 Speaker 2: It was stuff that we shouldn't expect even the most 378 00:19:51,680 --> 00:19:56,960 Speaker 2: experienced adult to withstand, let alone a fourteen year old 379 00:19:57,040 --> 00:20:02,280 Speaker 2: kid who's by himself and scared. You end up changing 380 00:20:02,280 --> 00:20:05,320 Speaker 2: your story to try and please these guys, to try 381 00:20:05,359 --> 00:20:07,520 Speaker 2: and get out of there, to try and go home, 382 00:20:08,240 --> 00:20:13,480 Speaker 2: like you were saying. And the story that it becomes 383 00:20:13,480 --> 00:20:18,720 Speaker 2: clear they want is a story where you were involved, where. 384 00:20:18,520 --> 00:20:19,000 Speaker 5: You did this. 385 00:20:19,760 --> 00:20:23,040 Speaker 2: Can you tell us, Megan, what the final story was? 386 00:20:23,560 --> 00:20:25,480 Speaker 2: In DeVante's final confession. 387 00:20:25,280 --> 00:20:28,760 Speaker 3: The final story Davante tells isn't that much different than 388 00:20:28,800 --> 00:20:31,440 Speaker 3: the original story he told that didn't make much sense 389 00:20:31,480 --> 00:20:34,760 Speaker 3: and didn't match most of the facts, except that it 390 00:20:34,840 --> 00:20:38,719 Speaker 3: now includes Davante as an active participant and as a shooter. 391 00:20:39,240 --> 00:20:42,000 Speaker 3: So it has these four other people from the neighborhood 392 00:20:42,040 --> 00:20:44,600 Speaker 3: who we now know. Some of those names were given 393 00:20:44,640 --> 00:20:47,720 Speaker 3: to police by a witness that during that canvas that night. 394 00:20:48,800 --> 00:20:52,320 Speaker 3: It has these five guns that don't match the ballistics 395 00:20:52,320 --> 00:20:55,119 Speaker 3: of the scene, but it has Davante going in, It 396 00:20:55,160 --> 00:20:58,119 Speaker 3: has Davante doing the shooting, and then it has Davante 397 00:20:58,200 --> 00:21:01,160 Speaker 3: running away on foot from this scene to his house, 398 00:21:01,200 --> 00:21:04,760 Speaker 3: which also doesn't match the evidence. And DeVante told police 399 00:21:04,800 --> 00:21:07,560 Speaker 3: he threw his Mini fourteen, which was the gun he 400 00:21:07,600 --> 00:21:10,920 Speaker 3: fired at the scene, into a vacant field on AT 401 00:21:11,040 --> 00:21:14,680 Speaker 3: and T property. Afterwards, police went and checked that field. 402 00:21:15,119 --> 00:21:18,199 Speaker 3: They did not find any gun. And this usually is 403 00:21:18,280 --> 00:21:22,440 Speaker 3: like a real red flag of an unreliable confession. If 404 00:21:22,480 --> 00:21:25,520 Speaker 3: a suspect gives you a new fact that police don't 405 00:21:25,560 --> 00:21:29,439 Speaker 3: already know, and you conduct follow up investigation and you 406 00:21:29,520 --> 00:21:32,440 Speaker 3: prove it true, well then that's the gold star standard 407 00:21:32,560 --> 00:21:35,720 Speaker 3: of a reliable confession. But if you don't prove it true, 408 00:21:35,760 --> 00:21:38,080 Speaker 3: that's a red flag and you need to question this 409 00:21:38,200 --> 00:21:39,720 Speaker 3: confession and this suspect. 410 00:21:40,680 --> 00:21:45,320 Speaker 2: It's a perfect storm, right, It's an unfortunately perfect recipe 411 00:21:45,359 --> 00:21:46,960 Speaker 2: for how to get a false confession. From the sleep 412 00:21:47,000 --> 00:21:50,280 Speaker 2: deprivation to the interrogation techniques that we used. You mentioned 413 00:21:50,280 --> 00:21:53,840 Speaker 2: the lies about the evidence, right, the lack of council, 414 00:21:53,920 --> 00:21:55,720 Speaker 2: lack of parent for somebody as young as Davante in 415 00:21:55,760 --> 00:22:00,239 Speaker 2: that room, and once Davante gave that confession that they 416 00:22:00,240 --> 00:22:03,960 Speaker 2: were driving for that they were coming to get during 417 00:22:04,000 --> 00:22:07,920 Speaker 2: those thirty six hours of often on interrogation DeVante's church 418 00:22:08,040 --> 00:22:13,960 Speaker 2: as an adult, and you get a lawyer DeVante whose name, 419 00:22:14,119 --> 00:22:17,480 Speaker 2: unfortunately is pretty notorious in the world of wrongful conviction. 420 00:22:18,520 --> 00:22:22,880 Speaker 2: His name is Robert Slamica. Megan, can you educate us 421 00:22:22,960 --> 00:22:25,840 Speaker 2: about just who Robert Slamica is. 422 00:22:26,640 --> 00:22:31,359 Speaker 3: Yeah, Robert Slamica was a private attorney in Detroit who 423 00:22:31,600 --> 00:22:33,400 Speaker 3: I don't know if it was well known at that time, 424 00:22:33,520 --> 00:22:38,439 Speaker 3: but at this point is now notorious for misconduct and 425 00:22:38,560 --> 00:22:42,520 Speaker 3: doing essentially a really, a really bad job at being 426 00:22:42,520 --> 00:22:47,959 Speaker 3: a defense attorney. He was reprimanded formally by bar association 427 00:22:48,640 --> 00:22:52,720 Speaker 3: at least six times, including in one other exoneration case 428 00:22:52,760 --> 00:22:57,400 Speaker 3: where he helped helped essentially get an innocent man convicted 429 00:22:57,480 --> 00:23:00,560 Speaker 3: and sent away for life. And since then, in more 430 00:23:00,600 --> 00:23:03,840 Speaker 3: recent years, he has actually been disbarred for misconduct and 431 00:23:04,240 --> 00:23:06,399 Speaker 3: criminal conduct. And I think we'll hear a bit more 432 00:23:06,400 --> 00:23:08,520 Speaker 3: from Davante about what he did or didn't do for 433 00:23:08,600 --> 00:23:13,679 Speaker 3: Devantee's case, But Davante essentially received no defense from this man. 434 00:23:14,359 --> 00:23:17,560 Speaker 4: So my whole time I and juvenile, I was in 435 00:23:17,560 --> 00:23:20,240 Speaker 4: the juvenile detention facility for around eight months fighting four 436 00:23:20,280 --> 00:23:24,879 Speaker 4: council first degree murder, four council felaity murder, on robbery 437 00:23:25,240 --> 00:23:27,280 Speaker 4: sought with attentive murder and felaty firearm. 438 00:23:27,920 --> 00:23:31,480 Speaker 5: My attorney on he came and seen me what four times? 439 00:23:31,880 --> 00:23:32,360 Speaker 2: Wow? 440 00:23:32,400 --> 00:23:34,399 Speaker 5: If that what? Ten many visits? 441 00:23:34,680 --> 00:23:37,800 Speaker 4: It never brought any paperwork with him, no files, never, 442 00:23:38,480 --> 00:23:42,080 Speaker 4: no nothing, no sense of come on, like, let's try 443 00:23:42,119 --> 00:23:44,719 Speaker 4: to build a defense. He didn't try to put up 444 00:23:44,720 --> 00:23:47,360 Speaker 4: no type of fight, no effort. No, I don't even 445 00:23:47,359 --> 00:23:49,760 Speaker 4: think he even called the witness He didn't call any 446 00:23:49,840 --> 00:23:53,399 Speaker 4: character witnesses, nothing like. He didn't try whatsoever you know 447 00:23:53,800 --> 00:23:56,919 Speaker 4: for him. I felt as if like it was just 448 00:23:56,960 --> 00:23:59,679 Speaker 4: all about the money and like degreed. You know, he 449 00:23:59,720 --> 00:24:02,720 Speaker 4: saw my family was a knee desperate need trying a 450 00:24:02,840 --> 00:24:05,000 Speaker 4: best to like you know, be there and protect me 451 00:24:05,080 --> 00:24:07,080 Speaker 4: and to try to help figure it out with me. 452 00:24:07,640 --> 00:24:09,159 Speaker 4: He knew that he took advantage of that. 453 00:24:09,920 --> 00:24:12,680 Speaker 2: So is there charging your family money while he's only 454 00:24:12,760 --> 00:24:15,680 Speaker 2: visiting you four times, you know, short visits each one, 455 00:24:16,400 --> 00:24:19,760 Speaker 2: and providing you with essentially no help. So what goes 456 00:24:19,800 --> 00:24:23,200 Speaker 2: down at trial, Megan with Slamica at the helm of 457 00:24:23,359 --> 00:24:26,680 Speaker 2: this so called defense of this innocent kid. 458 00:24:27,520 --> 00:24:29,399 Speaker 3: Well, at first they just want to point out what 459 00:24:29,640 --> 00:24:33,240 Speaker 3: goes down or doesn't go down before trial. Slamica, essentially, 460 00:24:33,600 --> 00:24:37,160 Speaker 3: I mean not essentially, he does no investigation of this case. 461 00:24:37,320 --> 00:24:40,120 Speaker 3: And as we've already discussed, from all of the glaring 462 00:24:40,720 --> 00:24:44,640 Speaker 3: inconsistencies or latent differences between the facts of the crime 463 00:24:44,680 --> 00:24:47,159 Speaker 3: and DeVante's confession, there was a lot to investigate. There 464 00:24:47,240 --> 00:24:48,960 Speaker 3: was a lot to look into, a lot to disprove 465 00:24:49,320 --> 00:24:51,879 Speaker 3: he did nothing. One thing that happens in between that 466 00:24:52,000 --> 00:24:54,440 Speaker 3: time nothing to do with Slamica. But there's a state 467 00:24:54,640 --> 00:24:58,760 Speaker 3: ordered forensic psychological evaluation a couple months after the crime. 468 00:24:59,200 --> 00:25:03,120 Speaker 3: In that DeVante recants his confession. He tells the psychologist 469 00:25:03,320 --> 00:25:06,840 Speaker 3: exactly what happened in that interrogation room. He tells him 470 00:25:06,880 --> 00:25:09,159 Speaker 3: this was false. He tells him he didn't do this, 471 00:25:09,560 --> 00:25:12,840 Speaker 3: and he tells him why he falsely confessed. Slamica does 472 00:25:13,000 --> 00:25:16,159 Speaker 3: nothing with that. He doesn't admit that at trial so 473 00:25:16,320 --> 00:25:19,200 Speaker 3: what happens at trial? The state puts on a parade 474 00:25:19,240 --> 00:25:22,000 Speaker 3: of very compelling witnesses. They put on the detectives to 475 00:25:22,080 --> 00:25:25,359 Speaker 3: talk about the horrific facts of this tragic crime. They 476 00:25:25,440 --> 00:25:29,000 Speaker 3: put on the surviving victim to describe her experience of 477 00:25:29,119 --> 00:25:31,720 Speaker 3: laying under this bed seeing her friend shot and killed, 478 00:25:32,080 --> 00:25:35,120 Speaker 3: thinking she's gonna be killed. And then they have her 479 00:25:35,840 --> 00:25:38,760 Speaker 3: have Davante stand up and say a couple words, and 480 00:25:38,840 --> 00:25:41,200 Speaker 3: they say, does that sound like the voice you heard 481 00:25:41,200 --> 00:25:44,040 Speaker 3: at the crime scene? And she says, sounds like it. 482 00:25:44,720 --> 00:25:47,760 Speaker 3: We now know, we should have known then. But voice 483 00:25:47,840 --> 00:25:52,080 Speaker 3: comparisons are not a reliable form of evidence. It's meaningless. 484 00:25:52,440 --> 00:25:56,240 Speaker 3: At that point, though, Slamica takes Davante's side and says, 485 00:25:56,680 --> 00:25:59,920 Speaker 3: there's really nothing I can do here. You confessed this way, 486 00:26:00,000 --> 00:26:03,080 Speaker 3: and it says your voice matches the shooter, so you're 487 00:26:03,119 --> 00:26:06,120 Speaker 3: going to get convicted. I think you should plead guilty. 488 00:26:06,600 --> 00:26:07,760 Speaker 3: And that's what happens. 489 00:26:08,960 --> 00:26:11,359 Speaker 2: This is unreal, right, I mean, what was it like, 490 00:26:12,000 --> 00:26:13,720 Speaker 2: despite the fact that there could have been such a 491 00:26:13,840 --> 00:26:17,520 Speaker 2: robust defense, to have your lawyer bring you into that 492 00:26:17,600 --> 00:26:21,240 Speaker 2: backroom and tell you that you should plead guilty to 493 00:26:21,320 --> 00:26:22,520 Speaker 2: a quadruple homicide. 494 00:26:23,160 --> 00:26:26,320 Speaker 5: It was, it was very it was. 495 00:26:27,200 --> 00:26:30,080 Speaker 4: It was a mess, you know at the time, Like 496 00:26:30,160 --> 00:26:32,080 Speaker 4: I didn't even know how to like read and write write. 497 00:26:32,800 --> 00:26:37,840 Speaker 4: So he got the plea deal from the prosecutor, brought 498 00:26:37,880 --> 00:26:40,560 Speaker 4: the plea deal to me, like I didn't even understand 499 00:26:40,640 --> 00:26:46,000 Speaker 4: what is a guideline score or what is gear three 500 00:26:46,240 --> 00:26:48,359 Speaker 4: G And I didn't understand none of that. And he 501 00:26:48,520 --> 00:26:52,280 Speaker 4: just handed me the paper and a pen and walked 502 00:26:52,320 --> 00:26:55,360 Speaker 4: away from the table and was like sign this, went 503 00:26:55,800 --> 00:26:58,639 Speaker 4: over and was doing something in court talking to somebody, 504 00:26:59,160 --> 00:26:59,960 Speaker 4: came back and got it. 505 00:27:00,119 --> 00:27:06,119 Speaker 2: From unbelievable railroaded from beginning to what turned out to 506 00:27:06,240 --> 00:27:09,119 Speaker 2: be the end of your trial. You entered those pleas 507 00:27:09,160 --> 00:27:11,080 Speaker 2: of guilty barely knowing what it was you were doing. 508 00:27:11,680 --> 00:27:14,440 Speaker 2: You signed a piece of paper in which you pled 509 00:27:14,480 --> 00:27:18,280 Speaker 2: guilty to four homicides you didn't commit, and you were 510 00:27:18,320 --> 00:27:21,560 Speaker 2: sentenced to thirty seven to ninety years in prison at 511 00:27:21,600 --> 00:27:28,760 Speaker 2: age fifteen. This is a story that shocks the conscience. 512 00:27:29,280 --> 00:27:34,240 Speaker 2: It should shock anyone who hears it. But here's the thing, DeVante, 513 00:27:34,320 --> 00:27:36,920 Speaker 2: even as you're being shipped off at age fifteen to 514 00:27:37,000 --> 00:27:40,639 Speaker 2: start serving that thirty seven to ninety years, the story 515 00:27:40,800 --> 00:27:59,560 Speaker 2: doesn't instead, it takes a twist. What is the twist 516 00:28:00,080 --> 00:28:03,360 Speaker 2: that happens? Megan? Not long after DeVante enters that guilty plea, 517 00:28:03,440 --> 00:28:06,200 Speaker 2: get sentenced, and goes off to start serving his time. 518 00:28:06,640 --> 00:28:10,400 Speaker 3: Exactly two weeks to the day from the day Davante 519 00:28:10,560 --> 00:28:13,720 Speaker 3: is sentenced to that thirty seven to ninety year sentence 520 00:28:13,840 --> 00:28:16,639 Speaker 3: as a fifteen year old kid. Exactly two weeks of 521 00:28:16,720 --> 00:28:19,719 Speaker 3: that day, a man named Vincent's Smothers is arrested at 522 00:28:19,760 --> 00:28:24,119 Speaker 3: his home for a series of unrelated shooting. The Detroit 523 00:28:24,200 --> 00:28:28,280 Speaker 3: Police Department, say police department that had Davante, that interrogated him, 524 00:28:28,320 --> 00:28:31,520 Speaker 3: that charged him, that convicted him. Brings mothers in and 525 00:28:31,600 --> 00:28:35,440 Speaker 3: they interrogate him about an unrelated shooting. Smothers because he's 526 00:28:35,560 --> 00:28:39,240 Speaker 3: recently had an infant and has a family to protect, 527 00:28:39,760 --> 00:28:42,560 Speaker 3: he does roll over and he admits some things. He 528 00:28:42,600 --> 00:28:45,880 Speaker 3: admits a lot of things. He confesses to a series 529 00:28:46,040 --> 00:28:50,600 Speaker 3: of twelve murders. Turns out Vincent's Smothers is an assassin, 530 00:28:50,760 --> 00:28:54,880 Speaker 3: a hired hitman, and he works for local Detroit drug dealers. 531 00:28:55,680 --> 00:29:00,360 Speaker 3: He confesses to these twelve murders in detail on video. 532 00:29:00,600 --> 00:29:04,480 Speaker 3: Unlike DeVante's interrogations, they video tape the entire course of 533 00:29:04,600 --> 00:29:09,400 Speaker 3: Vincent's mother's interrogation and confessions for those twelve murders, well, 534 00:29:09,440 --> 00:29:12,320 Speaker 3: for those twelve murders are the nineteen seven forty one 535 00:29:12,440 --> 00:29:16,560 Speaker 3: Runyon murders. Smothers confesses to them in detail on video. 536 00:29:17,160 --> 00:29:20,840 Speaker 3: And you know what, those details match the crime scene 537 00:29:20,960 --> 00:29:24,640 Speaker 3: facts perfectly. He tells the accomplice he did it with. 538 00:29:24,920 --> 00:29:28,160 Speaker 3: There are two men. There are an AK forty seven 539 00:29:28,200 --> 00:29:30,800 Speaker 3: and a forty five caliber pistol, the two guns that 540 00:29:30,920 --> 00:29:34,600 Speaker 3: perfectly match the ballistics at the crime scene. He can 541 00:29:34,720 --> 00:29:38,360 Speaker 3: describe the house, the layout of that living room where 542 00:29:38,440 --> 00:29:41,040 Speaker 3: the bodies fell when they shot them, and he can 543 00:29:41,120 --> 00:29:45,520 Speaker 3: describe the conversation that he himself had with that surviving 544 00:29:45,640 --> 00:29:48,400 Speaker 3: victim in the back bedroom as she lay under the 545 00:29:48,440 --> 00:29:52,000 Speaker 3: bed while a kid slept. That's not it. Smothers then 546 00:29:52,120 --> 00:29:54,760 Speaker 3: tells them where they can find the gun he used. 547 00:29:55,200 --> 00:29:57,800 Speaker 3: They go to that address, they get the gun and 548 00:29:57,960 --> 00:30:00,880 Speaker 3: it is a match. It's a confirmed. It is the 549 00:30:00,960 --> 00:30:03,360 Speaker 3: gun that was used at this crime scene. So this 550 00:30:03,520 --> 00:30:05,920 Speaker 3: is two weeks after they put Davante away for life, 551 00:30:06,760 --> 00:30:10,880 Speaker 3: and yet nothing happens, nothing changes. 552 00:30:11,760 --> 00:30:15,080 Speaker 2: Please tell me that the second this serial hit man 553 00:30:15,240 --> 00:30:18,640 Speaker 2: confesses in accurate detail to the run Yuan Street shootings. 554 00:30:18,760 --> 00:30:22,000 Speaker 2: Please tell me that someone in the Detroit Police Department, 555 00:30:22,120 --> 00:30:26,120 Speaker 2: or in the Prosecutor's office, or anyone who knew anything 556 00:30:26,160 --> 00:30:30,720 Speaker 2: about this went to Davante or his family or his 557 00:30:31,040 --> 00:30:37,440 Speaker 2: lawyer and said, oh my god, we got the wrong person. 558 00:30:37,960 --> 00:30:42,120 Speaker 2: It's Smothers, not DeVante Sandford. It's the hit man, not 559 00:30:42,240 --> 00:30:42,560 Speaker 2: the kid. 560 00:30:43,200 --> 00:30:46,400 Speaker 3: I'm appalled to tell you, Laura, that not a single 561 00:30:46,480 --> 00:30:49,160 Speaker 3: one of those things happened. I would say the Detroit 562 00:30:49,240 --> 00:30:52,480 Speaker 3: police did nothing about it, but actually they did something 563 00:30:52,560 --> 00:30:56,400 Speaker 3: about it because the detective who took Smothers to the 564 00:30:56,520 --> 00:30:59,480 Speaker 3: bathroom in the middle of his interrogation was one of 565 00:30:59,520 --> 00:31:02,800 Speaker 3: the detects actives who interrogated Davante, and so he did 566 00:31:02,880 --> 00:31:05,160 Speaker 3: something about it. He told Smothers, you know what, we 567 00:31:05,240 --> 00:31:07,920 Speaker 3: already got the guy who did those Runyan Street murders, 568 00:31:08,520 --> 00:31:10,840 Speaker 3: and Smothers said, well, you've got the wrong guy then. 569 00:31:11,680 --> 00:31:14,680 Speaker 3: And what they did was they hid it. They hid 570 00:31:14,760 --> 00:31:16,160 Speaker 3: smothers confession. 571 00:31:16,560 --> 00:31:22,120 Speaker 2: Unbelievable, unbelievable. So Smothers confesses to twelve murders. They end 572 00:31:22,240 --> 00:31:25,320 Speaker 2: up charging him with eight. Right, they don't charge him 573 00:31:25,440 --> 00:31:28,400 Speaker 2: with the quadruple homicide. On Running Street that Dafante had 574 00:31:28,560 --> 00:31:31,880 Speaker 2: just pled out to. They convicts mothers on those eight 575 00:31:33,120 --> 00:31:37,080 Speaker 2: and it's like his confession to the Runyan Street homicides. 576 00:31:37,680 --> 00:31:39,160 Speaker 2: They it's like it never happened. 577 00:31:39,680 --> 00:31:42,560 Speaker 3: And we later heard some information that he may have 578 00:31:42,840 --> 00:31:46,440 Speaker 3: even been offered a sweeter plea deal premised on the 579 00:31:46,520 --> 00:31:49,280 Speaker 3: fact that he would never mention or testify to the 580 00:31:49,400 --> 00:31:51,920 Speaker 3: fact that he did the Runyan Street murders. 581 00:31:52,200 --> 00:31:54,560 Speaker 4: He was offered a plea deal not to come testify 582 00:31:54,680 --> 00:31:56,880 Speaker 4: for me because at the time, like my lawyers was 583 00:31:56,920 --> 00:32:01,160 Speaker 4: trying to get him to testify multiple times, and the prosecutor, 584 00:32:01,520 --> 00:32:05,360 Speaker 4: because he was still fighting multiple murder cases as well, 585 00:32:06,160 --> 00:32:10,040 Speaker 4: and the prosecutors reached out to him and basically I've 586 00:32:10,040 --> 00:32:12,360 Speaker 4: tried to offer him a deal where he wouldn't come 587 00:32:12,440 --> 00:32:15,560 Speaker 4: to court Inlandi's testimony and fight for my innocence. 588 00:32:16,280 --> 00:32:19,040 Speaker 2: Wow, it's one of the worst cover ups I have 589 00:32:19,240 --> 00:32:25,080 Speaker 2: seen in fourteen years of doing wrongful conviction work. Who 590 00:32:25,320 --> 00:32:29,360 Speaker 2: was it that actually exposed this unbelievable cover up? 591 00:32:29,760 --> 00:32:32,840 Speaker 3: It was media. The only reason this ever came to 592 00:32:33,000 --> 00:32:36,400 Speaker 3: light was a reporter who heard that there was another 593 00:32:36,520 --> 00:32:39,760 Speaker 3: person detained at the jail talking about that he actually 594 00:32:39,880 --> 00:32:42,080 Speaker 3: did the Runyan Stream murders and talking about that he 595 00:32:42,240 --> 00:32:44,880 Speaker 3: did the murders that this kid was in prison for. 596 00:32:45,920 --> 00:32:47,880 Speaker 3: And at the time this is like, I think, a 597 00:32:48,040 --> 00:32:52,080 Speaker 3: year after Davante's sentenced. So Davante has a host conviction 598 00:32:52,200 --> 00:32:56,040 Speaker 3: attorney and she hears Thank goodness, a reporter reaches out 599 00:32:56,040 --> 00:32:58,760 Speaker 3: there and says, hey, I've got something you need to know. 600 00:33:00,200 --> 00:33:03,040 Speaker 2: This comes to light. It's you're a year in Davante. 601 00:33:03,160 --> 00:33:05,520 Speaker 2: What's prison life been like for you during that year. 602 00:33:06,080 --> 00:33:07,520 Speaker 2: I can only say that if I were in that 603 00:33:07,600 --> 00:33:11,120 Speaker 2: position at age fifteen, I'd be scared out of my mind. 604 00:33:12,400 --> 00:33:16,640 Speaker 5: I was. I was more than just scared. I was terrified. 605 00:33:16,760 --> 00:33:19,280 Speaker 5: I was all in one. You know. 606 00:33:21,120 --> 00:33:23,280 Speaker 4: I never went through none of any of that before, 607 00:33:24,080 --> 00:33:26,959 Speaker 4: So to have all that coming at me and all 608 00:33:27,040 --> 00:33:28,520 Speaker 4: that coming at me at one time, it. 609 00:33:28,640 --> 00:33:35,360 Speaker 2: Was just Yeah, I'm trying to put myself in your position, 610 00:33:36,920 --> 00:33:40,360 Speaker 2: trying to imagine the emotions that anyone would feel hearing that. 611 00:33:40,960 --> 00:33:44,880 Speaker 2: Some mothers confessed, you know, I can imagine you went 612 00:33:44,920 --> 00:33:47,400 Speaker 2: through anger, you went through sadness, you went through who 613 00:33:47,560 --> 00:33:48,200 Speaker 2: is this guy? 614 00:33:49,000 --> 00:33:50,880 Speaker 5: I didn't even have no anger towards him. 615 00:33:51,800 --> 00:33:54,600 Speaker 4: I'm not I'm not into judging people because I hate 616 00:33:54,640 --> 00:33:58,000 Speaker 4: when I get judged, you know, so I'm in like, 617 00:33:58,080 --> 00:34:01,920 Speaker 4: I'm not into judging people. But where I am, I'm 618 00:34:02,000 --> 00:34:05,320 Speaker 4: thankful for Vince's mothers. Vince's mother is the reason why 619 00:34:05,360 --> 00:34:08,120 Speaker 4: I got these headphones on and I'm able to do 620 00:34:08,239 --> 00:34:10,760 Speaker 4: this sit here in my home and talk to you guys. 621 00:34:10,880 --> 00:34:12,960 Speaker 5: You know, it took. 622 00:34:14,400 --> 00:34:17,480 Speaker 4: A quote unquote hitman to save my life, not the 623 00:34:17,600 --> 00:34:23,120 Speaker 4: Detroit Police, not you know, Dwayne County prosecutor office, you know, 624 00:34:24,520 --> 00:34:27,800 Speaker 4: essentially a hitman in a team of lawyers. 625 00:34:28,760 --> 00:34:33,000 Speaker 3: Smothers tried hard once he knew what the injustice that 626 00:34:33,080 --> 00:34:36,239 Speaker 3: had been done to Davante, to right this wrong. He 627 00:34:36,440 --> 00:34:40,200 Speaker 3: confessed to this crime at least eight to ten times 628 00:34:40,640 --> 00:34:44,080 Speaker 3: that first time, to police, to his lawyer, to multiple 629 00:34:44,200 --> 00:34:47,440 Speaker 3: rounds of DeVante's lawyer, to the media. He wanted to 630 00:34:47,520 --> 00:34:51,160 Speaker 3: go to the court. He signed multiple sworn affidavits under 631 00:34:51,200 --> 00:34:54,759 Speaker 3: the penalty of perjury. I think Vincent Smothers is kind 632 00:34:54,760 --> 00:34:57,320 Speaker 3: of the portrait of that even the people who have 633 00:34:57,520 --> 00:34:59,520 Speaker 3: done some of the worst things, some of the most 634 00:34:59,560 --> 00:35:03,239 Speaker 3: horrible thing things, still have humanity. And he was the 635 00:35:03,400 --> 00:35:06,279 Speaker 3: only one at that point willing to fight to right 636 00:35:06,360 --> 00:35:06,759 Speaker 3: that wrong. 637 00:35:07,360 --> 00:35:11,239 Speaker 2: How does DeVante's case and this crazy situation of the 638 00:35:11,320 --> 00:35:13,560 Speaker 2: hitman trying to help the kid, how does this come 639 00:35:13,600 --> 00:35:14,440 Speaker 2: to you, Megan? 640 00:35:14,880 --> 00:35:17,799 Speaker 3: As we had mentioned, when Smother's confession came to light, 641 00:35:18,000 --> 00:35:19,680 Speaker 3: it was about a year after and he was in 642 00:35:19,840 --> 00:35:23,640 Speaker 3: post conviction in Michigan State Court, represented by the Michigan 643 00:35:23,719 --> 00:35:27,000 Speaker 3: State Public defender system. While you would think, Okay, we 644 00:35:27,160 --> 00:35:33,520 Speaker 3: have the reliable, corroborated, confirmed, ballistically confirmed confession from the 645 00:35:33,560 --> 00:35:36,440 Speaker 3: true perpetrator, we should be able to get this undone right, 646 00:35:37,040 --> 00:35:41,120 Speaker 3: it proved true that No, that's not how the system works, 647 00:35:41,560 --> 00:35:43,759 Speaker 3: not in Michigan and not in most states and court 648 00:35:43,800 --> 00:35:47,160 Speaker 3: systems across our country. So DeVante's case ended up working 649 00:35:47,200 --> 00:35:51,080 Speaker 3: its way through the Michigan court system for another seven 650 00:35:51,440 --> 00:35:54,520 Speaker 3: eight years, and that's how it came to us. He 651 00:35:54,680 --> 00:35:59,000 Speaker 3: had a public defender for a while. It went all 652 00:35:59,000 --> 00:36:02,400 Speaker 3: the way up to Michigan's court, but he lost, and 653 00:36:02,520 --> 00:36:06,120 Speaker 3: he lost because of a technicality. It was all the 654 00:36:06,600 --> 00:36:09,640 Speaker 3: evidence was there. Smothers was there. It was crystal clear 655 00:36:09,719 --> 00:36:12,920 Speaker 3: Smothers did this. DeVante Sanford did not do this. But 656 00:36:13,000 --> 00:36:15,840 Speaker 3: the Michigan Supreme Court said, okay, we see your evidence, 657 00:36:16,000 --> 00:36:17,439 Speaker 3: but it's in the wrong motion. 658 00:36:18,000 --> 00:36:19,359 Speaker 2: What does that mean? The wrong motion? 659 00:36:19,920 --> 00:36:25,120 Speaker 3: It the form of document that was filed in the 660 00:36:25,239 --> 00:36:29,080 Speaker 3: court that presented this crystal clear evidence that a kid 661 00:36:29,320 --> 00:36:32,359 Speaker 3: was wrongfully in prison for life. It had the wrong 662 00:36:32,520 --> 00:36:35,920 Speaker 3: title on it. And instead of just saying, okay, we'll 663 00:36:35,960 --> 00:36:39,239 Speaker 3: treat this as the right motion, or instead of letting 664 00:36:39,280 --> 00:36:41,799 Speaker 3: you refile in our court and come back to us 665 00:36:41,880 --> 00:36:44,239 Speaker 3: in a month, they said, you need to go back 666 00:36:44,360 --> 00:36:47,560 Speaker 3: to the beginning, and at a minimum that's going to 667 00:36:47,640 --> 00:36:48,680 Speaker 3: take years. 668 00:36:49,160 --> 00:36:52,399 Speaker 2: Meanwhile, Davante, you're a teenager, right, and you're going from 669 00:36:52,480 --> 00:36:54,680 Speaker 2: You've gone from fourteen to fifteen already, you're going fifteen 670 00:36:54,680 --> 00:36:57,279 Speaker 2: to sixteen, seventeen eighteen. These are some of the most 671 00:36:57,320 --> 00:37:00,239 Speaker 2: important years of life. These are the years of growing up, 672 00:37:00,880 --> 00:37:04,279 Speaker 2: of learning how to move as an adult, learning who 673 00:37:04,440 --> 00:37:06,799 Speaker 2: you are and who you want to be as an 674 00:37:06,840 --> 00:37:10,319 Speaker 2: adult in this world. Right as you're watching your case 675 00:37:11,200 --> 00:37:16,759 Speaker 2: wade through the morass of the Michigan court bureaucracy, what's 676 00:37:16,760 --> 00:37:18,880 Speaker 2: it feel like to be sitting there as the minutes 677 00:37:18,960 --> 00:37:21,759 Speaker 2: and the hours and the days tick by, when the 678 00:37:21,960 --> 00:37:23,520 Speaker 2: proof is so clear that you're innocent. 679 00:37:24,640 --> 00:37:25,720 Speaker 5: It was like a roller coaster. 680 00:37:26,160 --> 00:37:29,600 Speaker 4: And not only was I like fighting for my freedom, 681 00:37:29,760 --> 00:37:31,520 Speaker 4: like I was also in prison and like literally have 682 00:37:31,600 --> 00:37:33,480 Speaker 4: to fight for my life at times. Seriously, you know, 683 00:37:34,560 --> 00:37:37,680 Speaker 4: I was at war on like two fronts, right, and 684 00:37:37,880 --> 00:37:40,680 Speaker 4: at times I felt as if, Okay, I'm not I'm 685 00:37:40,719 --> 00:37:42,880 Speaker 4: not gonna win one of these, So which one? You know, 686 00:37:43,000 --> 00:37:46,239 Speaker 4: which which one? This is the one worth losing? You 687 00:37:46,320 --> 00:37:50,279 Speaker 4: get what I'm saying. So it was stressful. It was 688 00:37:51,160 --> 00:37:53,040 Speaker 4: It was times where I had all the hope in 689 00:37:53,080 --> 00:37:55,759 Speaker 4: the world. Then it was times I'm like, man, I 690 00:37:55,880 --> 00:37:59,279 Speaker 4: might fuck around and die in prison, you know, so uh, 691 00:38:00,000 --> 00:38:02,399 Speaker 4: sorry for my language, but it was times I didn't 692 00:38:02,400 --> 00:38:07,400 Speaker 4: see this, I couldn't picture this, but it happened. So 693 00:38:08,239 --> 00:38:09,800 Speaker 4: I'm faver grateful and thankful for that. 694 00:38:10,520 --> 00:38:13,880 Speaker 2: Were there times that you let yourself hope when you 695 00:38:13,960 --> 00:38:14,440 Speaker 2: were in prison? 696 00:38:16,040 --> 00:38:16,239 Speaker 5: Yeah? 697 00:38:16,800 --> 00:38:19,520 Speaker 2: Did that make it easier or harder to wait to 698 00:38:19,680 --> 00:38:20,239 Speaker 2: have that hope? 699 00:38:21,040 --> 00:38:23,440 Speaker 5: Harder? Way? Harder, way harder? 700 00:38:24,200 --> 00:38:27,239 Speaker 4: You would do whatever it takes to get about that place. 701 00:38:28,160 --> 00:38:30,040 Speaker 4: You didn't want to be there more than thirty minutes, 702 00:38:30,360 --> 00:38:35,880 Speaker 4: let alone, you know, multiple years. You know, I'm fever 703 00:38:36,000 --> 00:38:41,919 Speaker 4: grateful that I had the support. And my support wasn't 704 00:38:42,000 --> 00:38:44,320 Speaker 4: just regular support. My support came with a lot of 705 00:38:45,120 --> 00:38:49,280 Speaker 4: a lot of strength, a lot of like well grounded people, 706 00:38:50,000 --> 00:38:53,920 Speaker 4: and that's what got me through. You know, times like 707 00:38:54,000 --> 00:38:56,239 Speaker 4: I would be having conversations with my attorneys and I 708 00:38:56,280 --> 00:38:59,279 Speaker 4: would be telling them like and I don't know how 709 00:38:59,320 --> 00:39:01,279 Speaker 4: to like how I keep doing this? Like I just 710 00:39:01,360 --> 00:39:03,800 Speaker 4: feel like giving up. They had said about emotion or 711 00:39:04,000 --> 00:39:06,920 Speaker 4: court day, or maybe we was waiting for a report. 712 00:39:07,520 --> 00:39:09,440 Speaker 4: I remember one time we was waiting for like the 713 00:39:09,600 --> 00:39:13,960 Speaker 4: Michigan State Police report. Man, that report took forever. 714 00:39:15,560 --> 00:39:19,040 Speaker 5: But I had them people around me. Man who who who? 715 00:39:19,880 --> 00:39:22,200 Speaker 4: They held my hand at times when I ain't want 716 00:39:22,239 --> 00:39:26,040 Speaker 4: to even get up at that and probably ran twenty miles. 717 00:39:26,080 --> 00:39:27,520 Speaker 5: They come and come home. Get up. We gotta go 718 00:39:27,560 --> 00:39:29,719 Speaker 5: to Fantee. We gotta you know, you gotta be on it. 719 00:39:29,840 --> 00:39:29,960 Speaker 5: You know. 720 00:39:31,400 --> 00:39:33,800 Speaker 4: My legal team is the ones who like gave me 721 00:39:34,000 --> 00:39:37,359 Speaker 4: like and my supporters the ones gave me like that hope, 722 00:39:37,680 --> 00:39:39,480 Speaker 4: like you know, you're gonna make it up out of this. 723 00:39:39,600 --> 00:39:42,160 Speaker 5: You're gonna make it up out of this because you ain't. 724 00:39:42,280 --> 00:39:45,440 Speaker 5: You ain't gotta worry about you. We got you. Just 725 00:39:45,520 --> 00:39:47,600 Speaker 5: you know, keep your head up. 726 00:39:48,040 --> 00:39:50,120 Speaker 2: I don't know how anyone could to be expected to 727 00:39:50,160 --> 00:39:54,880 Speaker 2: get through anything remotely like this without an army of 728 00:39:54,960 --> 00:39:58,680 Speaker 2: people behind you. One of those people was you, Megan, 729 00:39:58,920 --> 00:40:03,600 Speaker 2: a pretty important person. You took DeVante's case. It can 730 00:40:03,640 --> 00:40:07,080 Speaker 2: be impossible so many times to ondo a wrongful conviction, 731 00:40:07,160 --> 00:40:10,440 Speaker 2: but you made the impossible possible in this case. Tell 732 00:40:10,520 --> 00:40:12,400 Speaker 2: me what you had to do, who you had to 733 00:40:12,400 --> 00:40:16,040 Speaker 2: get involved ultimately to free DeVante Sandford. 734 00:40:16,600 --> 00:40:20,080 Speaker 3: Thankfully, we didn't have to wait the years that it 735 00:40:20,080 --> 00:40:22,640 Speaker 3: would have taken for that motion to work its way 736 00:40:22,960 --> 00:40:26,920 Speaker 3: through the court system again because an unusual thing happened. 737 00:40:27,200 --> 00:40:30,919 Speaker 3: But a Michigan State Police officer, a law enforcement body 738 00:40:30,920 --> 00:40:33,960 Speaker 3: in Michigan that had never previously been involved in DeVante's case, 739 00:40:34,560 --> 00:40:37,320 Speaker 3: they read our motion and they called a member of 740 00:40:37,360 --> 00:40:39,200 Speaker 3: our team and they said, this is one of the 741 00:40:39,560 --> 00:40:42,239 Speaker 3: most shocking cases I've ever seen and one of the 742 00:40:42,320 --> 00:40:46,040 Speaker 3: most compelling packages of evidence we've ever seen. We want 743 00:40:46,160 --> 00:40:48,680 Speaker 3: to look into this case because we think an injustice 744 00:40:48,719 --> 00:40:52,640 Speaker 3: has been done. And thank God for that call. And 745 00:40:52,719 --> 00:40:56,239 Speaker 3: we often talk about working with kind of odd beldfellows 746 00:40:56,360 --> 00:40:58,800 Speaker 3: or finding partners in this work that you don't expect. 747 00:40:59,239 --> 00:41:02,000 Speaker 3: We certainly didn't expect to kind of partner with the 748 00:41:02,080 --> 00:41:05,440 Speaker 3: Michigan State Police, but they did they kicked off, and 749 00:41:05,520 --> 00:41:07,520 Speaker 3: as Davante said, it took a long time, a year 750 00:41:07,640 --> 00:41:11,319 Speaker 3: long reinvestigation of this case. It was a painful wait. 751 00:41:11,840 --> 00:41:13,880 Speaker 3: But it shows the lengths they were willing to go 752 00:41:14,040 --> 00:41:18,440 Speaker 3: do because they put a multi officer team on this 753 00:41:18,640 --> 00:41:22,680 Speaker 3: case and they reinterviewed everybody, and they turned up evidence 754 00:41:22,760 --> 00:41:26,040 Speaker 3: that made it impossible for the state to keep turning 755 00:41:26,080 --> 00:41:26,719 Speaker 3: a blind eye. 756 00:41:28,000 --> 00:41:34,160 Speaker 2: And is that what finally pushed Davante's case over the 757 00:41:34,200 --> 00:41:34,759 Speaker 2: finish line? 758 00:41:35,880 --> 00:41:40,360 Speaker 3: It is the Michigan State Police pulls all this together 759 00:41:40,560 --> 00:41:44,520 Speaker 3: into a lengthy final report and the judge, the trial 760 00:41:44,640 --> 00:41:49,239 Speaker 3: judge on his case, vacates his conviction and thankfully orders 761 00:41:49,320 --> 00:41:53,359 Speaker 3: Davante's immediate release from prison. And I'm smiling because I'm 762 00:41:53,400 --> 00:41:57,800 Speaker 3: just picturing Davante walking out that day. And it's still 763 00:41:57,920 --> 00:42:02,600 Speaker 3: surreal because after all that weight, this stuff happened pretty 764 00:42:02,680 --> 00:42:06,240 Speaker 3: fast once that report was turned over, that order got signed, 765 00:42:06,320 --> 00:42:07,600 Speaker 3: and he was walking out. 766 00:42:08,200 --> 00:42:11,239 Speaker 2: What was it like those first first few minutes and 767 00:42:11,320 --> 00:42:12,240 Speaker 2: hours of freedom? 768 00:42:12,640 --> 00:42:14,240 Speaker 5: Hopeful? It's crazy. 769 00:42:14,280 --> 00:42:16,000 Speaker 4: I had to go through all that to get a future, 770 00:42:16,239 --> 00:42:22,160 Speaker 4: but I came home with a future, you know, planing, aspirations, goals, visions, 771 00:42:22,200 --> 00:42:26,200 Speaker 4: and to this day, you know, I tried my best, 772 00:42:26,239 --> 00:42:29,600 Speaker 4: one day, one step at a time to accomplish everything 773 00:42:29,880 --> 00:42:32,719 Speaker 4: you know that I start out to. 774 00:42:32,719 --> 00:42:33,480 Speaker 5: Do from in prison. 775 00:42:34,120 --> 00:42:38,480 Speaker 2: That future is your present day, it's your now, and 776 00:42:38,640 --> 00:42:41,040 Speaker 2: you got a lot of future ahead of you too. 777 00:42:41,600 --> 00:42:43,400 Speaker 2: So what's what's life like now? 778 00:42:43,760 --> 00:42:48,520 Speaker 4: I think for me, the most amazing part of my 779 00:42:48,640 --> 00:42:51,600 Speaker 4: life it wasn't even getting out, Like the most amazing 780 00:42:51,640 --> 00:42:53,960 Speaker 4: part of my life is my son. My son is 781 00:42:54,120 --> 00:43:00,680 Speaker 4: like everything you know I wish I had the chance 782 00:43:00,760 --> 00:43:04,440 Speaker 4: to be like, which was a kid, like that freedom 783 00:43:04,560 --> 00:43:10,880 Speaker 4: of growing and yeah, just being a dad, you know, 784 00:43:11,880 --> 00:43:15,920 Speaker 4: Spending quality tie with my son, my son, I'm supposed 785 00:43:15,920 --> 00:43:19,359 Speaker 4: to be here. My son is a blessing, So that's 786 00:43:19,400 --> 00:43:23,160 Speaker 4: how I treat them as such, you know, Spending quality 787 00:43:23,280 --> 00:43:27,759 Speaker 4: tie with him, working on my nonprofit, giving back to 788 00:43:27,840 --> 00:43:32,560 Speaker 4: the community, doing my motivational speaking work, lending my ear, 789 00:43:32,920 --> 00:43:37,000 Speaker 4: like not my ear, but my voice whenever like someone 790 00:43:37,080 --> 00:43:39,360 Speaker 4: may need it, you know, when it comes to like 791 00:43:39,480 --> 00:43:43,480 Speaker 4: criminal justice, reform, gain prevention, violence, adventure and inner cities. 792 00:43:44,560 --> 00:43:47,239 Speaker 4: I just want to give back and try to help 793 00:43:47,280 --> 00:43:49,880 Speaker 4: as many people as I can, not having to go 794 00:43:50,040 --> 00:43:52,120 Speaker 4: through some of the things I have gone through, and 795 00:43:52,200 --> 00:43:54,560 Speaker 4: if they are facing some of the things that I'm facing, 796 00:43:55,000 --> 00:43:58,759 Speaker 4: maybe getting some type of inspiration and you know too, 797 00:44:00,080 --> 00:44:01,239 Speaker 4: don't give up, but don't give in. 798 00:44:01,520 --> 00:44:05,719 Speaker 2: You know, I'm curious if there's anything you want to 799 00:44:05,760 --> 00:44:07,600 Speaker 2: say to Vincent's mothers. 800 00:44:08,560 --> 00:44:13,759 Speaker 5: Thank you that man saved my life. That man say 801 00:44:14,000 --> 00:44:17,520 Speaker 5: like literally like say, I don't know too many people 802 00:44:17,920 --> 00:44:18,520 Speaker 5: you know who. 803 00:44:20,280 --> 00:44:22,560 Speaker 4: Live those type of lifestyles and go through them type 804 00:44:22,600 --> 00:44:25,200 Speaker 4: of things who will be willing to like stand up 805 00:44:25,239 --> 00:44:29,120 Speaker 4: in a sept responsibility. You know, I got friends and 806 00:44:29,239 --> 00:44:31,560 Speaker 4: I know people that's in prison for crimes they didn't commit. 807 00:44:32,440 --> 00:44:34,360 Speaker 4: You know, only reason why they sitting in prison is 808 00:44:34,480 --> 00:44:37,880 Speaker 4: because they're no snitching rule. I'm not gonna snitch. I 809 00:44:37,960 --> 00:44:39,879 Speaker 4: know my cousin did this or I know my friend 810 00:44:39,960 --> 00:44:42,840 Speaker 4: did this, but I'm not gonna say anything, right, and 811 00:44:43,239 --> 00:44:46,000 Speaker 4: I don't hold none against them people. You know, what 812 00:44:46,160 --> 00:44:49,000 Speaker 4: you believe in is what you believe in, right, But 813 00:44:49,200 --> 00:44:53,160 Speaker 4: like some of those people in prison are living in 814 00:44:53,320 --> 00:44:57,760 Speaker 4: some of the worst conditions like possible, no no money, 815 00:44:57,880 --> 00:45:01,720 Speaker 4: no food, no letters, no anything. You basically just sitting 816 00:45:01,719 --> 00:45:03,320 Speaker 4: in prison for something you didn't do and because you 817 00:45:03,360 --> 00:45:05,719 Speaker 4: didn't want to tell. Get what I'm saying it for 818 00:45:05,840 --> 00:45:07,640 Speaker 4: that man to want to come and step up to 819 00:45:07,719 --> 00:45:11,680 Speaker 4: the plate and take four responsible for his actions. 820 00:45:12,440 --> 00:45:15,960 Speaker 5: To me, that's the true definition of a man. You know, 821 00:45:16,920 --> 00:45:19,040 Speaker 5: he didn't have to do that, but he did. 822 00:45:20,000 --> 00:45:22,880 Speaker 2: Megan, if you could change one thing about the system 823 00:45:23,000 --> 00:45:26,840 Speaker 2: so that it does not happen again, what should we 824 00:45:26,960 --> 00:45:29,560 Speaker 2: be doing, What reform should we be pushing right? What 825 00:45:29,680 --> 00:45:30,440 Speaker 2: needs to be changed? 826 00:45:31,400 --> 00:45:36,880 Speaker 3: Davante was only convicted because of his confession, one that 827 00:45:37,000 --> 00:45:40,959 Speaker 3: has a fourteen year old sleep deprived kid. It was inevitable. 828 00:45:41,840 --> 00:45:45,719 Speaker 3: Youth as we have long known, need special protections in 829 00:45:45,840 --> 00:45:49,160 Speaker 3: the interrogation room, and one that I know you're working 830 00:45:49,239 --> 00:45:54,560 Speaker 3: on every day, Laura, but is banning deception and interrogations 831 00:45:54,920 --> 00:45:58,080 Speaker 3: for kids. And it has now passed in multiple states. 832 00:45:58,120 --> 00:46:01,240 Speaker 3: There's no reason that law can't be paid in every state. 833 00:46:01,880 --> 00:46:05,680 Speaker 3: And that is what the turning point in DeVante's interrogation was. 834 00:46:05,800 --> 00:46:08,279 Speaker 3: When the police lied to him about the evidence and 835 00:46:08,360 --> 00:46:11,319 Speaker 3: said we now know you did this because we found 836 00:46:11,400 --> 00:46:14,640 Speaker 3: blood on your shoes. That was the turning point. That's 837 00:46:14,719 --> 00:46:17,399 Speaker 3: what broke him down to that point of hopelessness where 838 00:46:17,440 --> 00:46:20,680 Speaker 3: he would say anything to go home. And so if 839 00:46:20,719 --> 00:46:23,520 Speaker 3: we can ban deception, I think that is a big 840 00:46:23,920 --> 00:46:27,879 Speaker 3: starting point that can change how things are playing out 841 00:46:27,920 --> 00:46:29,520 Speaker 3: for kids in the interrogation room. 842 00:46:30,239 --> 00:46:33,320 Speaker 2: As we get to the end of this conversation, I 843 00:46:33,440 --> 00:46:35,719 Speaker 2: am sitting on Jason Floum's chair. I'm lucky to be 844 00:46:35,800 --> 00:46:38,400 Speaker 2: here talking to you both today. He always ends this 845 00:46:38,520 --> 00:46:42,640 Speaker 2: podcast with a segment he calls closing arguments, where he 846 00:46:42,800 --> 00:46:46,560 Speaker 2: turns off his mic and sits back and let's the 847 00:46:46,600 --> 00:46:51,000 Speaker 2: person in your position, Davante, talk about whatever it is 848 00:46:51,040 --> 00:46:53,400 Speaker 2: you want to talk about. I'm going to stay quiet. 849 00:46:53,560 --> 00:46:56,800 Speaker 2: I'm going to thank you both for being here and 850 00:46:56,960 --> 00:47:00,560 Speaker 2: sharing your stories and your wisdom, and Davante, this is 851 00:47:00,600 --> 00:47:01,480 Speaker 2: your closing argument. 852 00:47:02,560 --> 00:47:05,400 Speaker 5: I just think common sense need to be used in 853 00:47:05,520 --> 00:47:08,920 Speaker 5: some of these cases, just basic common sense. I understand. 854 00:47:09,000 --> 00:47:12,080 Speaker 4: You know, people be having jobs to do, and those 855 00:47:12,160 --> 00:47:14,960 Speaker 4: jobs comes a lot of stress. You gotta think a homicide, 856 00:47:15,040 --> 00:47:17,600 Speaker 4: that's somebody that's lost their lives, someone is no longer 857 00:47:17,680 --> 00:47:19,880 Speaker 4: with us. But at the end of the day, you know, 858 00:47:20,080 --> 00:47:23,359 Speaker 4: people need to step back and look at the whole 859 00:47:23,480 --> 00:47:27,840 Speaker 4: picture versus just looking at just one little box. You 860 00:47:27,960 --> 00:47:30,680 Speaker 4: get what I'm saying, because like when you go back 861 00:47:31,120 --> 00:47:35,920 Speaker 4: and you just speak on my case, even the average 862 00:47:35,960 --> 00:47:39,760 Speaker 4: person with no type of law background, no type of anything, 863 00:47:40,960 --> 00:47:43,480 Speaker 4: scratch they head. How Like when I go out and 864 00:47:43,560 --> 00:47:45,920 Speaker 4: I meet people, they you was fourteen? 865 00:47:46,719 --> 00:47:48,160 Speaker 5: How you know? 866 00:47:48,400 --> 00:47:53,440 Speaker 4: Like how so if they coming up with that conclusion, 867 00:47:53,520 --> 00:47:59,600 Speaker 4: how come these professional, these detectives, people college degrees and 868 00:48:00,160 --> 00:48:02,239 Speaker 4: different things like that can come up with that type 869 00:48:02,280 --> 00:48:05,920 Speaker 4: of conclusion like hold on, wait, something is off here, 870 00:48:06,400 --> 00:48:10,640 Speaker 4: you know, like it's we missing something instead of having 871 00:48:11,600 --> 00:48:15,200 Speaker 4: aw gas no breaks, you know, if that makes any sense. 872 00:48:22,040 --> 00:48:25,040 Speaker 2: Thank you for listening to Wrongful Conviction. I'm your guest host, 873 00:48:25,200 --> 00:48:28,040 Speaker 2: Laura and I Writer. I'd like to thank our executive 874 00:48:28,040 --> 00:48:31,840 Speaker 2: producers Jason Flumm and Kevin Wartis. The Senior producer for 875 00:48:31,920 --> 00:48:35,360 Speaker 2: this episode is Jackie Polly, and our producers are Lila 876 00:48:35,480 --> 00:48:40,759 Speaker 2: Robinson and Jeff Cliburn. Our editor is Lexandra Greedy. The 877 00:48:40,880 --> 00:48:44,120 Speaker 2: music in this production is by three time OSCAR nominated 878 00:48:44,160 --> 00:48:48,239 Speaker 2: composer Jay Ralph. Be sure to follow us on Instagram 879 00:48:48,560 --> 00:48:53,880 Speaker 2: at Wrongful Conviction, on Facebook at Wrongful Conviction Podcast, and 880 00:48:54,200 --> 00:48:57,719 Speaker 2: on Twitter at wrong Conviction as well as at. 881 00:48:57,760 --> 00:48:58,560 Speaker 1: Lava for Good. 882 00:48:58,680 --> 00:49:02,360 Speaker 2: On all three platforms, you can follow me on Instagram 883 00:49:02,480 --> 00:49:06,520 Speaker 2: and Twitter at Laura and I Writer. Wrongful Conviction is 884 00:49:06,560 --> 00:49:09,680 Speaker 2: a production of Lava for Good Podcasts in association with 885 00:49:09,840 --> 00:49:11,080 Speaker 2: Signal Company Number one. 886 00:49:16,960 --> 00:49:19,560 Speaker 1: Next week, on the guest hosted episodes of Wrongful Conviction, 887 00:49:19,760 --> 00:49:22,640 Speaker 1: Kembus Smith will talk with Joyce Watkins, a woman who 888 00:49:22,719 --> 00:49:25,720 Speaker 1: has lit up the world with not only her story 889 00:49:26,320 --> 00:49:31,480 Speaker 1: but her incredible spirit of perseverance. Joyce was imprisoned for 890 00:49:31,960 --> 00:49:35,600 Speaker 1: twenty eight long years after her great niece died in 891 00:49:35,719 --> 00:49:40,319 Speaker 1: her care, even though anyone looking even a little bit 892 00:49:40,440 --> 00:49:44,239 Speaker 1: closer at the details would have and should have known 893 00:49:44,640 --> 00:49:48,680 Speaker 1: right away that Joyce deserved none of the blame. This 894 00:49:48,880 --> 00:49:51,080 Speaker 1: is a Musslesten episode and it's going to be right 895 00:49:51,160 --> 00:49:53,759 Speaker 1: here next Monday in the Wrongful Conviction podcast Feed