1 00:00:02,480 --> 00:00:05,320 Speaker 1: On December twenty ninth, nineteen ninety one, the body of 2 00:00:05,360 --> 00:00:07,760 Speaker 1: a thirty six year old bartender was found nude in 3 00:00:07,800 --> 00:00:11,040 Speaker 1: the men's restroom of her bar in Phoenix, Arizona. She 4 00:00:11,119 --> 00:00:15,480 Speaker 1: had been assaulted and fatally stabbed. No seamen was found, however, 5 00:00:15,760 --> 00:00:18,240 Speaker 1: what appeared to be bite marks were on her neck. 6 00:00:18,200 --> 00:00:20,000 Speaker 2: And breast, along with saliva. 7 00:00:20,680 --> 00:00:24,520 Speaker 1: With DNA testing still in its infancy, sorology tests could 8 00:00:24,560 --> 00:00:27,880 Speaker 1: only show that both the blood and saliva at the scene. 9 00:00:27,920 --> 00:00:29,440 Speaker 2: Matched the victim's blood type. 10 00:00:29,680 --> 00:00:32,440 Speaker 1: One witness implied that the victim may have been dating 11 00:00:32,440 --> 00:00:35,199 Speaker 1: a thirty four year old bar regular named Ray Crone, 12 00:00:35,280 --> 00:00:37,920 Speaker 1: who the victim allegedly had mentioned was supposed to help 13 00:00:37,920 --> 00:00:40,279 Speaker 1: her close up that night, but since Ray had been 14 00:00:40,320 --> 00:00:42,320 Speaker 1: at home with his roommate at the time of the crime, 15 00:00:42,520 --> 00:00:45,839 Speaker 1: he had nothing to hide, fully cooperating with investigators and 16 00:00:45,880 --> 00:00:48,920 Speaker 1: eventually giving a blood sample and an impression of his teeth. 17 00:00:49,440 --> 00:00:52,120 Speaker 1: With the limitations of the sorology in this case, the 18 00:00:52,200 --> 00:00:56,040 Speaker 1: notorious junk science of bitemark analysis became the sole evidence 19 00:00:56,080 --> 00:00:59,200 Speaker 1: against Ray. To judge's denial of a continuance for the 20 00:00:59,240 --> 00:01:02,000 Speaker 1: defense to prayer to refute. This evidence made a path 21 00:01:02,040 --> 00:01:04,759 Speaker 1: for a second trial, but not before Ray was. 22 00:01:04,720 --> 00:01:06,600 Speaker 2: Convicted and sentenced to death. 23 00:01:07,400 --> 00:01:11,120 Speaker 1: At the second trial, with the sal DNA evidence excluding Ray, 24 00:01:11,200 --> 00:01:14,840 Speaker 1: he was still reconvicted, but this time the judge sentenced 25 00:01:14,880 --> 00:01:18,440 Speaker 1: Rate a life while voicing his obvious doubts. In two 26 00:01:18,520 --> 00:01:22,160 Speaker 1: thousand and two, further DNA testing both excluded Ray as 27 00:01:22,200 --> 00:01:25,320 Speaker 1: well as identified a convicted child molester named Kenneth. 28 00:01:25,080 --> 00:01:26,679 Speaker 2: Phillips as the actual killer. 29 00:01:27,120 --> 00:01:30,640 Speaker 1: Within days, Ray Crohn became the one hundredth former death 30 00:01:30,720 --> 00:01:34,839 Speaker 1: row inmate freed based on actual innocence since capital punishment 31 00:01:35,000 --> 00:01:37,240 Speaker 1: was reinstated in nineteen seventy six. 32 00:01:38,160 --> 00:01:39,720 Speaker 2: This is wrongful conviction. 33 00:01:51,160 --> 00:01:56,600 Speaker 1: Welcome back to wrongful conviction. Today's episode will rock your world. 34 00:01:56,760 --> 00:01:58,720 Speaker 1: And I say that with such a high degree of 35 00:01:58,720 --> 00:02:02,320 Speaker 1: confidence because this story, this man Ray cron was the 36 00:02:02,360 --> 00:02:06,000 Speaker 1: one hundredth exonery from death row in the United States 37 00:02:06,040 --> 00:02:11,080 Speaker 1: and his case is so troubling because, on top of 38 00:02:11,120 --> 00:02:14,800 Speaker 1: all the other terrible things, Ray's case relied solely on 39 00:02:14,919 --> 00:02:18,040 Speaker 1: the junkiest of junk sciences, which is bite mark evidence 40 00:02:18,120 --> 00:02:23,080 Speaker 1: that was it nothing else. And furthermore, as happens too 41 00:02:23,240 --> 00:02:25,840 Speaker 1: often in too many of the cases that we cover, 42 00:02:26,320 --> 00:02:30,639 Speaker 1: the actual perpetrator went on to commit an unspeakable crime 43 00:02:31,080 --> 00:02:34,960 Speaker 1: after Ray was targeted for reasons that we'll get into later, 44 00:02:35,040 --> 00:02:38,840 Speaker 1: which are inexplicable, but they're real. So without further Ado, 45 00:02:39,280 --> 00:02:41,440 Speaker 1: Ray Crone, welcome to wrongful conviction. 46 00:02:42,160 --> 00:02:43,600 Speaker 3: Well, thank you, I'm glad to be here. 47 00:02:43,960 --> 00:02:47,639 Speaker 1: And Ray, your case happened in Maricopa County, Arizona, which 48 00:02:47,639 --> 00:02:52,920 Speaker 1: has a notorious past of prosecutorial misconduct. In fact, when 49 00:02:52,960 --> 00:02:56,519 Speaker 1: referring to some more recent instances, an ACLU article said, 50 00:02:56,520 --> 00:02:59,520 Speaker 1: and this is a quote. It is indicative of a 51 00:02:59,600 --> 00:03:03,120 Speaker 1: decade long culture of misconduct that flows from the top down, 52 00:03:03,680 --> 00:03:08,800 Speaker 1: one that prioritizes winning convictions over pursuing fairness and executing justice. 53 00:03:09,320 --> 00:03:10,120 Speaker 2: End quote. 54 00:03:10,240 --> 00:03:12,720 Speaker 1: And to be fair to a Maricopa that quote could 55 00:03:12,760 --> 00:03:17,080 Speaker 1: be applied to countless prosecutors' offices all over the country. 56 00:03:17,080 --> 00:03:20,720 Speaker 1: But in your case, the prosecutor was Noel Levy, who 57 00:03:21,000 --> 00:03:23,680 Speaker 1: sent at least two innocent people to death row that 58 00:03:23,760 --> 00:03:26,679 Speaker 1: we know of, right. The first was Deborah Milky back 59 00:03:26,720 --> 00:03:30,080 Speaker 1: in nineteen ninety when Levy hid the lead detective's long 60 00:03:30,240 --> 00:03:33,200 Speaker 1: history of lying under oath, and that was exposed in 61 00:03:33,200 --> 00:03:36,560 Speaker 1: twenty fifteen, which allowed Debrah Milky to finally clear her 62 00:03:36,640 --> 00:03:40,200 Speaker 1: name and then of course you But before all of 63 00:03:40,200 --> 00:03:42,680 Speaker 1: this insanity, can you take us back a bit, what 64 00:03:42,800 --> 00:03:44,360 Speaker 1: was your life like growing up? 65 00:03:44,840 --> 00:03:46,440 Speaker 3: Well? I was actually I was born and raised in 66 00:03:46,440 --> 00:03:50,040 Speaker 3: a small agricultural town in southern Pennsylvania. I went to 67 00:03:50,080 --> 00:03:52,480 Speaker 3: the same high school my grandparents went to the same 68 00:03:52,600 --> 00:03:56,000 Speaker 3: church my great grandparents went to. I was involved in church. 69 00:03:56,040 --> 00:03:58,680 Speaker 3: I was on the choir. I also played Little league baseball, 70 00:03:58,760 --> 00:04:01,600 Speaker 3: pee wee football was in sports. And I grew up 71 00:04:01,720 --> 00:04:05,000 Speaker 3: growing vegetables and hunting and fishing in the typical things 72 00:04:05,000 --> 00:04:08,320 Speaker 3: that small town country boys do. And I graduated in 73 00:04:08,360 --> 00:04:10,920 Speaker 3: nineteen seventy four and I entered the US Air Force. 74 00:04:11,040 --> 00:04:13,880 Speaker 3: I signed up for six years active duty. Was stationed 75 00:04:13,920 --> 00:04:17,320 Speaker 3: places like Texas, Mississippi, then Georgia, Maine, and then the 76 00:04:17,400 --> 00:04:20,320 Speaker 3: last was Phoenix, Arizona. My six years were up, I 77 00:04:20,360 --> 00:04:22,400 Speaker 3: got out out there. A few years later. I got 78 00:04:22,440 --> 00:04:25,080 Speaker 3: a job at the post office, and life was really 79 00:04:25,120 --> 00:04:27,560 Speaker 3: pretty good again. I played a lot of sports, and 80 00:04:27,560 --> 00:04:29,960 Speaker 3: that's really where my problem arose. Because of the one 81 00:04:30,000 --> 00:04:32,160 Speaker 3: bar that I played volleyball for that I had sought 82 00:04:32,200 --> 00:04:34,400 Speaker 3: darts at a few times became a scene of a 83 00:04:34,480 --> 00:04:36,120 Speaker 3: murder right. 84 00:04:35,960 --> 00:04:39,760 Speaker 1: And this particular crime occurred on December twenty ninth, nineteen 85 00:04:39,839 --> 00:04:42,080 Speaker 1: ninety one, where the body of a thirty six year 86 00:04:42,080 --> 00:04:44,800 Speaker 1: old woman was found nude in the men's restroom of 87 00:04:44,800 --> 00:04:48,279 Speaker 1: the CBS Lounge in Phoenix, Arizona. The bar owner had 88 00:04:48,320 --> 00:04:52,000 Speaker 1: found the body of the previous night's bartender and she 89 00:04:52,200 --> 00:04:54,520 Speaker 1: had been brutally assaulted and. 90 00:04:54,480 --> 00:04:55,320 Speaker 2: Stabbed to death. 91 00:04:55,440 --> 00:04:58,200 Speaker 1: Now this remember this was back in the early nineties, right, 92 00:04:58,240 --> 00:05:01,480 Speaker 1: so DNA testing was still in its infancy. Right, it 93 00:05:01,640 --> 00:05:06,200 Speaker 1: was a new thing, So they only had zerology to 94 00:05:06,279 --> 00:05:08,960 Speaker 1: work with, and at the time, it seemed like there 95 00:05:09,040 --> 00:05:12,320 Speaker 1: was very little physical evidence left behind. There was no semen, right, 96 00:05:12,560 --> 00:05:15,200 Speaker 1: and the blood and saliva at the scene all matched 97 00:05:15,200 --> 00:05:18,680 Speaker 1: the victim's blood type. There were, though, what appeared to 98 00:05:18,680 --> 00:05:21,400 Speaker 1: be human bite marks on the victim's neck and breast. 99 00:05:21,920 --> 00:05:25,120 Speaker 1: So hm, which is we've talked about that before. How 100 00:05:25,200 --> 00:05:27,880 Speaker 1: notoriously reliable that is? But so ray from these facts? 101 00:05:28,400 --> 00:05:31,960 Speaker 1: How did they even come to suspect and ultimately target you. 102 00:05:32,720 --> 00:05:34,680 Speaker 3: Yeah, she was. She was found by the owner and 103 00:05:34,720 --> 00:05:37,000 Speaker 3: he came in on that Sunday morningtone put up his bar, 104 00:05:37,120 --> 00:05:39,600 Speaker 3: found the front door unlocked, was concerned why his night 105 00:05:39,640 --> 00:05:42,080 Speaker 3: manager hadn't taken care of secured. Eddie went made his 106 00:05:42,120 --> 00:05:44,520 Speaker 3: way to the cash reader to a safe both row 107 00:05:44,560 --> 00:05:47,040 Speaker 3: on secure the money was still in there. As he 108 00:05:47,120 --> 00:05:49,000 Speaker 3: made his way around the bar, he found her body 109 00:05:49,000 --> 00:05:51,359 Speaker 3: in the men's bathroom, and of course the police were 110 00:05:51,720 --> 00:05:54,280 Speaker 3: called in and they initiated investigation on the assumption had 111 00:05:54,279 --> 00:05:56,280 Speaker 3: to be somebody that knew her. No evidence of break in, 112 00:05:56,400 --> 00:05:58,560 Speaker 3: no sign of a robbery. They talked to some of 113 00:05:58,600 --> 00:06:00,960 Speaker 3: the co workers. One of them mentioned my name as 114 00:06:01,000 --> 00:06:03,599 Speaker 3: a potential boyfriend. I did not date. She was not 115 00:06:03,680 --> 00:06:05,640 Speaker 3: my girlfriend. I knew her from the bar. You treat 116 00:06:05,680 --> 00:06:09,160 Speaker 3: bartenders and waitresses are kindly in any profession if you're 117 00:06:09,200 --> 00:06:12,039 Speaker 3: going to be attending that place of business, and that's 118 00:06:12,080 --> 00:06:14,599 Speaker 3: all it was. But it was about one o'clock on 119 00:06:14,640 --> 00:06:16,960 Speaker 3: that Sunday end. I heard my dog was outside and 120 00:06:16,960 --> 00:06:19,479 Speaker 3: he started barking. Two men in suits had pulled in 121 00:06:19,480 --> 00:06:21,120 Speaker 3: front of my neighbor's house and were getting out of 122 00:06:21,120 --> 00:06:23,200 Speaker 3: their car. And by the time I went outside to 123 00:06:23,279 --> 00:06:25,320 Speaker 3: let my dog and they were walking up my driveway 124 00:06:25,360 --> 00:06:27,480 Speaker 3: and I stepped out and I said, excuse me, can 125 00:06:27,520 --> 00:06:29,520 Speaker 3: I help you? The one man said, or you Ray Crone? 126 00:06:29,880 --> 00:06:31,480 Speaker 3: I said, well, yes, Sam, What can I do for you? 127 00:06:31,560 --> 00:06:34,479 Speaker 3: And he said you know, and I thought of SATs. 128 00:06:34,480 --> 00:06:36,720 Speaker 3: I said, I don't think I knew anybody named, and 129 00:06:36,800 --> 00:06:38,680 Speaker 3: he exchanged glances with the man next him, looked like 130 00:06:38,720 --> 00:06:41,800 Speaker 3: he said, you don't know from the CBS lounge. I said, well, 131 00:06:41,800 --> 00:06:43,960 Speaker 3: wait a minute. I played volleyball there. I shoot darts 132 00:06:43,960 --> 00:06:46,479 Speaker 3: there sometimes. There was a girl there named I said, 133 00:06:46,480 --> 00:06:48,200 Speaker 3: I don't know her last name. And he kind of 134 00:06:48,200 --> 00:06:49,520 Speaker 3: looked at me side. He said, you don't know her 135 00:06:49,560 --> 00:06:51,680 Speaker 3: last name. You're a boyfriend, aren't you. I kind of said, 136 00:06:51,720 --> 00:06:54,480 Speaker 3: tell I'm not her boyfriend. What's going on here? He said, well, 137 00:06:54,480 --> 00:06:56,560 Speaker 3: you're dating, or aren't you? I said, no, I'm not datinger, 138 00:06:56,600 --> 00:06:59,040 Speaker 3: what is this about? And at that point, he opened 139 00:06:59,120 --> 00:07:01,360 Speaker 3: up his jacket, pulled out his badge, identified himself as 140 00:07:01,360 --> 00:07:04,320 Speaker 3: a homicide detective, and informed me of her death. Said 141 00:07:04,360 --> 00:07:06,400 Speaker 3: he was there to ask me a few questions. Now 142 00:07:06,400 --> 00:07:08,599 Speaker 3: I'm stunned. I've been going to that bar about two months. 143 00:07:08,800 --> 00:07:11,200 Speaker 3: Here's somebody I knew was a victim of a homicide 144 00:07:11,200 --> 00:07:13,440 Speaker 3: and the police are at my house to ask me questions. 145 00:07:13,680 --> 00:07:15,520 Speaker 3: The first thing I said, well, sure, come on inside, 146 00:07:15,960 --> 00:07:18,080 Speaker 3: and he said no, we really need to do this downtown, 147 00:07:18,160 --> 00:07:20,480 Speaker 3: And so I was interrogated for the next three hours 148 00:07:20,480 --> 00:07:22,440 Speaker 3: about how long we've been dating, where I take her 149 00:07:22,520 --> 00:07:24,760 Speaker 3: on dates, every time she'd been to my house. All 150 00:07:24,800 --> 00:07:26,600 Speaker 3: of them, I told him were negative. You know, she's 151 00:07:26,640 --> 00:07:28,240 Speaker 3: never been to my house. I didn't date her. I 152 00:07:28,240 --> 00:07:29,640 Speaker 3: would see her at the bar. I was at a 153 00:07:29,680 --> 00:07:32,080 Speaker 3: Christmas party with a number of people from the bar 154 00:07:32,520 --> 00:07:34,680 Speaker 3: at one point with her, and that was it. At 155 00:07:34,720 --> 00:07:37,240 Speaker 3: one point they took my sneakers out. Another point they 156 00:07:37,240 --> 00:07:39,360 Speaker 3: took mugshots. They had me take my shirt off, took 157 00:07:39,400 --> 00:07:43,200 Speaker 3: pictures of my upper torso they took fingerprints. Another party, 158 00:07:43,240 --> 00:07:45,560 Speaker 3: he had like a white stir foam cups, had it 159 00:07:45,760 --> 00:07:48,200 Speaker 3: tied two pieces together. Where I actually been into that 160 00:07:48,680 --> 00:07:51,040 Speaker 3: and I cooperated. I didn't know anything about her death. 161 00:07:51,080 --> 00:07:52,680 Speaker 3: I didn't know her that well. I was at home 162 00:07:52,760 --> 00:07:54,440 Speaker 3: that night. I have a roommate that knows I was 163 00:07:54,480 --> 00:07:57,200 Speaker 3: home that night, and after about three hours it was over, 164 00:07:57,240 --> 00:07:59,400 Speaker 3: and I thought that was the end up. But then 165 00:07:59,440 --> 00:08:01,680 Speaker 3: the next day, which was a Monday, I went to 166 00:08:01,680 --> 00:08:04,000 Speaker 3: the post office, delivered my mail, got home that day 167 00:08:04,040 --> 00:08:07,000 Speaker 3: and there he was waiting. Detective Gregory said, I need 168 00:08:07,000 --> 00:08:08,880 Speaker 3: to eliminate you as a suspect. I don't think you've 169 00:08:08,920 --> 00:08:11,520 Speaker 3: been completely truthful. You want to cooperate, don't you, mister 170 00:08:11,560 --> 00:08:13,560 Speaker 3: cron And well, I said, sure, what does it you 171 00:08:13,600 --> 00:08:14,960 Speaker 3: need me to do? And he said, well, I need 172 00:08:15,000 --> 00:08:17,680 Speaker 3: you to come downtown again again. I volunteered to go 173 00:08:17,760 --> 00:08:19,840 Speaker 3: downtown this time. When I got down there, in a 174 00:08:19,840 --> 00:08:22,480 Speaker 3: little interrogation room, right away, he pulled out a piece 175 00:08:22,480 --> 00:08:24,000 Speaker 3: of paper said, oh, yeah, by the way, I have 176 00:08:24,040 --> 00:08:27,280 Speaker 3: an affidavid here, or a request for for evidence, and 177 00:08:27,400 --> 00:08:29,080 Speaker 3: that it said that they were going to take a 178 00:08:29,080 --> 00:08:31,400 Speaker 3: blood sample or hair sample to cast in my teeth. 179 00:08:31,600 --> 00:08:33,880 Speaker 3: Now I'm a little upset. Now I'm concerns, like what's 180 00:08:33,920 --> 00:08:36,120 Speaker 3: going on here? It was signed by a judge, said 181 00:08:36,120 --> 00:08:38,520 Speaker 3: I was required to give these samples, and it said 182 00:08:38,520 --> 00:08:40,960 Speaker 3: they had three hours to do it. So I cooperated 183 00:08:40,960 --> 00:08:42,720 Speaker 3: when he took blood out of both arms. I'm not 184 00:08:42,720 --> 00:08:45,480 Speaker 3: sure why that was necessary. I cooperated when they took 185 00:08:45,480 --> 00:08:47,520 Speaker 3: hair samples, and then I was taken next door in 186 00:08:47,559 --> 00:08:49,079 Speaker 3: a bigger room where there was a dentist and a 187 00:08:49,160 --> 00:08:51,920 Speaker 3: dentist chair set up, at which point they sat me 188 00:08:51,920 --> 00:08:54,160 Speaker 3: in a chair, put this gup, and he took two 189 00:08:54,200 --> 00:08:56,440 Speaker 3: casts in my upper teeth to cast my lower teeth, 190 00:08:56,720 --> 00:08:58,160 Speaker 3: and for about the next two and a half hours 191 00:08:58,160 --> 00:09:00,440 Speaker 3: there was nothing but taking pictures in question me about 192 00:09:00,480 --> 00:09:03,360 Speaker 3: my identicians history. When I was eighteen years old, I 193 00:09:03,400 --> 00:09:05,079 Speaker 3: was a passengor in a head on collision. I woke 194 00:09:05,160 --> 00:09:08,480 Speaker 3: up with a broken jaw mouth wearing shut. Six weeks 195 00:09:08,520 --> 00:09:10,760 Speaker 3: went by. The bottom jawl didn't line up with the top. 196 00:09:10,840 --> 00:09:12,680 Speaker 3: They had to rebreak and wear it shut again for 197 00:09:12,720 --> 00:09:15,400 Speaker 3: another six weeks. I had some teeth that it eventually 198 00:09:15,440 --> 00:09:18,040 Speaker 3: had died. I had some teeth issues, root canals, they 199 00:09:18,160 --> 00:09:20,400 Speaker 3: some bridge work, some different things that went on with 200 00:09:20,440 --> 00:09:22,520 Speaker 3: the front teeth in my mouth. And finally, when that 201 00:09:22,640 --> 00:09:24,679 Speaker 3: was over, I went next door to that little interrogation 202 00:09:24,760 --> 00:09:27,480 Speaker 3: room at wench Point. The detective banged his desk with 203 00:09:27,559 --> 00:09:29,480 Speaker 3: his big old book and said, look, it's time to 204 00:09:29,520 --> 00:09:31,280 Speaker 3: come clean. It's time to tell the truth. I know 205 00:09:31,360 --> 00:09:33,240 Speaker 3: you didn't want you just confess that we can all 206 00:09:33,240 --> 00:09:35,520 Speaker 3: go home. Well, by now I was pretty angry. I 207 00:09:35,559 --> 00:09:37,440 Speaker 3: was pretty upset with what was going on where I 208 00:09:37,480 --> 00:09:40,200 Speaker 3: was being treated. I was almost thirty five years old. 209 00:09:40,240 --> 00:09:42,319 Speaker 3: I'm not a little child. I spoke up to him, 210 00:09:42,320 --> 00:09:43,640 Speaker 3: I told you what I thought of him when I 211 00:09:43,640 --> 00:09:46,240 Speaker 3: thought the investigation of the police department, Why you waste 212 00:09:46,320 --> 00:09:48,720 Speaker 3: my time go find a person that did this. And 213 00:09:48,760 --> 00:09:50,480 Speaker 3: by the way, your three hours were up. I mean 214 00:09:50,520 --> 00:09:52,320 Speaker 3: I was hot. And he looked at me, looked at 215 00:09:52,320 --> 00:09:54,240 Speaker 3: his watch, he looked back up. He said, look, mister crone, 216 00:09:54,240 --> 00:09:55,760 Speaker 3: I'm not going to argue with you. There's other ways 217 00:09:55,760 --> 00:09:58,480 Speaker 3: to handle this. He took me home fifteen minute ride, 218 00:09:58,559 --> 00:10:00,360 Speaker 3: never said a word to me again. I thought that 219 00:10:00,400 --> 00:10:02,080 Speaker 3: was the end of it, but I found out what 220 00:10:02,120 --> 00:10:03,959 Speaker 3: he meant by other ways to handle this. The next day, 221 00:10:04,120 --> 00:10:07,200 Speaker 3: December thirty first, nineteen ninety one. It was just about 222 00:10:07,240 --> 00:10:09,839 Speaker 3: four o'clock. I pulled into my driveway, just stepped out 223 00:10:09,880 --> 00:10:12,160 Speaker 3: of my car, which point all Suddenly I heard a 224 00:10:12,200 --> 00:10:15,079 Speaker 3: speaker go off. Freeze, don't move, you're underrest. A vanload 225 00:10:15,080 --> 00:10:17,240 Speaker 3: the police officers came pulling up. Black and whites came 226 00:10:17,280 --> 00:10:20,400 Speaker 3: pulling up. The van doors opened up with armed officers 227 00:10:20,400 --> 00:10:22,400 Speaker 3: in full riot gear. Threw me on the ground and 228 00:10:22,480 --> 00:10:25,200 Speaker 3: rescue for murder, kidnapping, and sexual assault. 229 00:10:25,880 --> 00:10:26,680 Speaker 2: Jesus Christ. 230 00:10:26,679 --> 00:10:30,000 Speaker 1: So there you are spending New Year's Eve in a 231 00:10:30,120 --> 00:10:33,960 Speaker 1: jail cell, and from what I understand, you stayed right 232 00:10:34,040 --> 00:10:37,600 Speaker 1: there until trial. But you had your roommate right who 233 00:10:37,600 --> 00:10:40,959 Speaker 1: had been home with you that night, so it should 234 00:10:41,000 --> 00:10:43,480 Speaker 1: have seemed like you could clear this up pretty easily. 235 00:10:43,800 --> 00:10:46,560 Speaker 1: And from what I understand, you had a public defender. 236 00:10:46,880 --> 00:10:48,640 Speaker 1: Did they share the same optimism? 237 00:10:49,440 --> 00:10:51,240 Speaker 3: One day I got called out to a legal visit. 238 00:10:51,360 --> 00:10:53,240 Speaker 3: I've probably been in there for a good month or two, 239 00:10:53,880 --> 00:10:55,520 Speaker 3: and it's just like you see on TV with a 240 00:10:55,640 --> 00:10:57,840 Speaker 3: separated the area where one picks a phone and you 241 00:10:57,880 --> 00:10:59,599 Speaker 3: talked through clear glass. And I was in there in 242 00:10:59,600 --> 00:11:01,760 Speaker 3: a lady came in, sat a briefcase down, picked up 243 00:11:01,760 --> 00:11:05,200 Speaker 3: the phone and identified herself as representing the public Defender's office. 244 00:11:05,720 --> 00:11:08,920 Speaker 3: She said, you've been charged with murder, kidnapping, and sexual assault. 245 00:11:09,400 --> 00:11:11,280 Speaker 3: You can expect to be found guilty, but we'll fight 246 00:11:11,320 --> 00:11:13,440 Speaker 3: it on appeal. And I went crazy, What do you 247 00:11:13,480 --> 00:11:14,920 Speaker 3: mean if he found Giddy had not to do his 248 00:11:14,960 --> 00:11:17,160 Speaker 3: own bit? I just started going off, ranting and raving, 249 00:11:17,240 --> 00:11:18,960 Speaker 3: and she got the phone held away from her ear, 250 00:11:19,040 --> 00:11:21,320 Speaker 3: waiting for me to calm down. And she got back 251 00:11:21,400 --> 00:11:23,120 Speaker 3: in that phone and she said, listen, mister crone, let 252 00:11:23,160 --> 00:11:25,160 Speaker 3: me tell you something. I don't take that to an 253 00:11:25,160 --> 00:11:26,920 Speaker 3: A voice from the judge I don't take it from 254 00:11:26,920 --> 00:11:29,200 Speaker 3: the prosecutor, and I'm certainly not going to take it 255 00:11:29,200 --> 00:11:31,800 Speaker 3: from you. Hung up the phone, picked up a briefcase, 256 00:11:31,840 --> 00:11:34,199 Speaker 3: and was gone. And I thought, this is incredible. What 257 00:11:35,080 --> 00:11:37,240 Speaker 3: is this system? I believed in? What the country? I 258 00:11:37,240 --> 00:11:39,199 Speaker 3: believe that things I stood for and was taught and 259 00:11:39,640 --> 00:11:42,000 Speaker 3: you know, raised to believe. Anyway, I got a letter 260 00:11:42,000 --> 00:11:44,080 Speaker 3: about a week or two later from the Public Defender's 261 00:11:44,120 --> 00:11:46,720 Speaker 3: office that stated that they were being removed from my case. 262 00:11:47,200 --> 00:11:49,640 Speaker 3: They cited a conflict of interest, said the next most 263 00:11:49,720 --> 00:11:52,600 Speaker 3: likely suspect was the victim's ex husband. They had a 264 00:11:52,600 --> 00:11:55,920 Speaker 3: fifteen year old daughter together, and he did a sleepover 265 00:11:55,960 --> 00:11:58,439 Speaker 3: for her birthday and did something inappropriate with one of 266 00:11:58,480 --> 00:12:01,800 Speaker 3: her little girlfriends and he was arrested rightfully so, and 267 00:12:01,840 --> 00:12:03,719 Speaker 3: they were representing him, and I was told that I 268 00:12:03,720 --> 00:12:06,440 Speaker 3: would be getting a court appointed attorney. I thought, oh good, 269 00:12:06,480 --> 00:12:08,320 Speaker 3: I'm going to get a private attorney. Now. Somebody's going 270 00:12:08,360 --> 00:12:11,120 Speaker 3: to be appointed to represent somebody that'll do the job. 271 00:12:11,400 --> 00:12:13,520 Speaker 3: But unfortunately, the day I went before the judge to 272 00:12:13,520 --> 00:12:15,720 Speaker 3: get a court appointed attorney, it was a man who'd 273 00:12:15,760 --> 00:12:18,080 Speaker 3: never done a death penalty case. And at the point 274 00:12:18,120 --> 00:12:20,040 Speaker 3: where the judge appoint him to me. He was granted 275 00:12:20,080 --> 00:12:22,840 Speaker 3: five thousand dollars to defend me, to represent me in 276 00:12:22,840 --> 00:12:23,880 Speaker 3: a capitol murder case. 277 00:12:24,400 --> 00:12:27,760 Speaker 1: Yeah, and of course the state has unlimited resources to 278 00:12:27,840 --> 00:12:29,520 Speaker 1: do what they want to do. 279 00:12:29,960 --> 00:12:32,360 Speaker 3: Heck, you can't even get a divorce for five thousand dollars. 280 00:12:32,679 --> 00:12:35,960 Speaker 1: Yeah, don't, don't, I know it, believe me. But and 281 00:12:36,000 --> 00:12:40,640 Speaker 1: they're giving really just enough to create the impression that 282 00:12:40,640 --> 00:12:43,400 Speaker 1: they're enabling you to mount some sort of a defense, 283 00:12:43,960 --> 00:12:48,080 Speaker 1: but not enough realistically for anybody to mount a real defense. 284 00:12:48,160 --> 00:12:51,680 Speaker 1: So seven months after the murder, you're on trial. 285 00:12:51,880 --> 00:12:53,800 Speaker 3: This was a three and a half day trial. The 286 00:12:53,920 --> 00:12:56,840 Speaker 3: prosecution was pretty much all three days. And that's why 287 00:12:56,840 --> 00:12:58,280 Speaker 3: I found out why they had me bite into that 288 00:12:58,320 --> 00:13:00,480 Speaker 3: stereo fim that first day, why they took those casts 289 00:13:00,480 --> 00:13:02,280 Speaker 3: of my teeth the second day, because they had a 290 00:13:02,280 --> 00:13:07,040 Speaker 3: bite mark expert testifier. Ray Rosen out of Nevada, very impressive, 291 00:13:07,080 --> 00:13:09,400 Speaker 3: well spoken man. He was a dean of the UNLV 292 00:13:09,559 --> 00:13:12,240 Speaker 3: Dental School. He was a state center out of Las Vegas. 293 00:13:12,320 --> 00:13:15,360 Speaker 3: He was the elder and the Mormon Church. Very powerful speaker, 294 00:13:15,480 --> 00:13:18,360 Speaker 3: very convincing. We had later found out, very well paid, 295 00:13:18,400 --> 00:13:21,920 Speaker 3: over fifty thousand dollars by the Maricopa County DA's office 296 00:13:21,920 --> 00:13:24,800 Speaker 3: for his testimony. But his testimony was that my teeth 297 00:13:24,880 --> 00:13:26,680 Speaker 3: were unique as the result of the car accident. I 298 00:13:26,720 --> 00:13:29,600 Speaker 3: was in my teeth matched the marks and the body, 299 00:13:29,960 --> 00:13:31,880 Speaker 3: and the detos marks in the body were made at 300 00:13:31,880 --> 00:13:34,360 Speaker 3: the time of death, and that definitively made me Ray 301 00:13:34,400 --> 00:13:37,160 Speaker 3: Crone the murder. There really wasn't much other evidence, but 302 00:13:37,400 --> 00:13:40,120 Speaker 3: I was called a snagger tooth killer in the papers. 303 00:13:39,800 --> 00:13:44,000 Speaker 1: The snaggle tooth killer. So for ten times what you 304 00:13:44,120 --> 00:13:47,720 Speaker 1: got for your whole defense, that fifty grand even came 305 00:13:47,760 --> 00:13:51,160 Speaker 1: with a schoolyard bully nickname, right, And what they're really 306 00:13:51,200 --> 00:13:56,680 Speaker 1: paying for with a forensic odontologist is there resume, pomp 307 00:13:56,800 --> 00:14:00,160 Speaker 1: and circumstance, Because if you were looking for substance and 308 00:14:00,160 --> 00:14:05,160 Speaker 1: bitemark analysis, well there just isn't any. There's not a shred. 309 00:14:05,320 --> 00:14:08,400 Speaker 1: I can't even I can't even put into words the 310 00:14:08,480 --> 00:14:12,319 Speaker 1: disdain I have for this particular junk science. I encourage 311 00:14:12,360 --> 00:14:15,720 Speaker 1: everyone to listen to our series Wraleful Conviction Junk Science. 312 00:14:15,960 --> 00:14:19,920 Speaker 1: The first episode exposes bitemark analysis for what it really is. 313 00:14:20,280 --> 00:14:23,000 Speaker 1: And let's start out by saying that one of the 314 00:14:23,040 --> 00:14:28,320 Speaker 1: original purposes of forensic odentology is identifying human remains with 315 00:14:28,480 --> 00:14:31,560 Speaker 1: dental records. What I mean is, for instance, like a 316 00:14:31,600 --> 00:14:34,720 Speaker 1: person was on a flight, right, and the flight crashed 317 00:14:34,720 --> 00:14:37,400 Speaker 1: into a mountainside or whatever, it gets obliterated. 318 00:14:37,400 --> 00:14:38,880 Speaker 2: But now you've got a situation where you're. 319 00:14:38,760 --> 00:14:43,320 Speaker 1: Matching a limited and known set of bodies to corresponding 320 00:14:43,400 --> 00:14:46,600 Speaker 1: dental impressions and dental histories. So you have a full 321 00:14:46,640 --> 00:14:49,560 Speaker 1: set of teeth that you're comparing to a full set 322 00:14:49,680 --> 00:14:54,200 Speaker 1: of X rays from a dentist's office. But with bitemark analysis, 323 00:14:54,280 --> 00:14:59,040 Speaker 1: the so called expert pretends without taking into account that 324 00:14:59,440 --> 00:15:02,480 Speaker 1: the many, many variables of the medium on which a 325 00:15:02,520 --> 00:15:05,240 Speaker 1: bite was recorded. Right, So what I mean is, in 326 00:15:05,280 --> 00:15:08,680 Speaker 1: this particular case, human skin and tissue, so we're talking 327 00:15:08,680 --> 00:15:13,280 Speaker 1: about elasticity, decomposition. I could go on, but from there 328 00:15:13,720 --> 00:15:17,160 Speaker 1: they act as if they're able to match perfectly a 329 00:15:17,240 --> 00:15:20,280 Speaker 1: dental mold from a suspect to marks made on a 330 00:15:20,600 --> 00:15:23,640 Speaker 1: surface that's transitioning, and they claim to be able to 331 00:15:23,720 --> 00:15:27,520 Speaker 1: do this to the exclusion of all others on the planet, 332 00:15:27,800 --> 00:15:31,720 Speaker 1: as Ray Rosen did in this case. So yeah, no, 333 00:15:32,520 --> 00:15:35,920 Speaker 1: but as Ray mentioned, they impressed the hell out of 334 00:15:35,960 --> 00:15:40,760 Speaker 1: the jury with their witnesses purported credentials, and this time 335 00:15:40,880 --> 00:15:45,600 Speaker 1: tested method has tragically been very effective at producing convictions, 336 00:15:45,960 --> 00:15:49,360 Speaker 1: often with no other evidence of any kind. So that 337 00:15:49,560 --> 00:15:52,240 Speaker 1: was the state's case. But what about your defense? 338 00:15:52,600 --> 00:15:55,040 Speaker 3: Now, the second half the trial, which was a defensive turn, 339 00:15:55,080 --> 00:15:57,400 Speaker 3: which was like the last half a day, I actually 340 00:15:57,440 --> 00:15:59,440 Speaker 3: took the stand. I raised my right hand. I went 341 00:15:59,520 --> 00:16:02,280 Speaker 3: up there and answer my attorney's questions. And there came 342 00:16:02,320 --> 00:16:04,320 Speaker 3: the prosecutor, Noel leav He got up here right in 343 00:16:04,320 --> 00:16:06,640 Speaker 3: front of me right away. So you denied killing the victim? 344 00:16:06,640 --> 00:16:08,800 Speaker 3: I said, yes, I do you deny being the CBS? Now, 345 00:16:09,040 --> 00:16:10,800 Speaker 3: I said what night? He said, the night you killed her? 346 00:16:10,800 --> 00:16:12,520 Speaker 3: Of course, mister Crone, the night you brutally took her. 347 00:16:12,800 --> 00:16:15,080 Speaker 3: I just started tearing into me. I mean everything I 348 00:16:15,160 --> 00:16:18,000 Speaker 3: said was twisted around. And after two or three hours 349 00:16:18,000 --> 00:16:20,120 Speaker 3: of this cross examination, I come down off that wind 350 00:16:20,120 --> 00:16:22,600 Speaker 3: of sand. I mean, so disorder and confused almost what 351 00:16:22,720 --> 00:16:25,280 Speaker 3: over sat down next to me. Next was my roommate. 352 00:16:25,280 --> 00:16:27,840 Speaker 3: My roommate was going through divorce. He had two children. 353 00:16:27,920 --> 00:16:30,440 Speaker 3: Most of his money was going to support those children. 354 00:16:30,480 --> 00:16:32,200 Speaker 3: He was staying with me for a month or two. 355 00:16:32,240 --> 00:16:35,320 Speaker 3: He'd been there already he raised his right hand to testify, 356 00:16:35,400 --> 00:16:37,000 Speaker 3: to tell the truth there in that court of law, 357 00:16:37,040 --> 00:16:39,960 Speaker 3: and sat down and answered my attorney's question. And then 358 00:16:40,000 --> 00:16:42,840 Speaker 3: here come nol leave again to cross examine him. Stirred 359 00:16:42,840 --> 00:16:44,280 Speaker 3: there in front of him a minute with his arms 360 00:16:44,280 --> 00:16:46,080 Speaker 3: cross said, now you know Ray Crone a long time, 361 00:16:46,120 --> 00:16:48,680 Speaker 3: haven't you. My friend Steve said yes, that's right. He's 362 00:16:48,680 --> 00:16:50,600 Speaker 3: been twelve years since we were in the Air Force together. 363 00:16:51,280 --> 00:16:53,040 Speaker 3: And then the prosecutor said, and Ray Crone has always 364 00:16:53,040 --> 00:16:55,320 Speaker 3: been a good friend to you. I've been there at times, indeed, 365 00:16:55,400 --> 00:16:57,400 Speaker 3: times of trouble, looked out for you, helped you out. 366 00:16:57,560 --> 00:16:59,240 Speaker 3: In fact, he's even given you a place to live 367 00:16:59,320 --> 00:17:01,320 Speaker 3: right now, isn't he my friends to He kind of 368 00:17:01,320 --> 00:17:02,960 Speaker 3: straighten up said yes, that's right. That's the kind of 369 00:17:02,960 --> 00:17:05,080 Speaker 3: guy where he is. And then the prosecutor leaned right 370 00:17:05,080 --> 00:17:07,160 Speaker 3: over a space point to figure and said, and you'd 371 00:17:07,200 --> 00:17:09,359 Speaker 3: lie for him, wound you and turned and walked away 372 00:17:09,359 --> 00:17:11,640 Speaker 3: and sat down. Later on at closing arguments, he told 373 00:17:11,640 --> 00:17:14,280 Speaker 3: the jury disregard my friend a man who raised his 374 00:17:14,359 --> 00:17:16,439 Speaker 3: right hand to serve the United States Air Force, a 375 00:17:16,440 --> 00:17:18,040 Speaker 3: man who raised his right hand to tell his truth 376 00:17:18,080 --> 00:17:20,040 Speaker 3: in the court of law. He told that jury to 377 00:17:20,119 --> 00:17:22,720 Speaker 3: disregard his testimony because he's just there to protect me 378 00:17:23,000 --> 00:17:25,639 Speaker 3: and will say anything. And it took the jury just 379 00:17:25,680 --> 00:17:27,200 Speaker 3: three and a half hours to come back and find 380 00:17:27,240 --> 00:17:28,680 Speaker 3: me guilty and murdering kidnapping. 381 00:17:29,560 --> 00:17:33,200 Speaker 1: So now you go back for sentencing, and you would 382 00:17:33,240 --> 00:17:35,520 Speaker 1: not have seemed to be a likely candidate to get 383 00:17:35,520 --> 00:17:38,960 Speaker 1: the death penalty, especially with your background. But in fact 384 00:17:39,040 --> 00:17:39,760 Speaker 1: that's what happened. 385 00:17:40,760 --> 00:17:42,720 Speaker 3: To sit there and going through a mini trivel to 386 00:17:42,760 --> 00:17:45,560 Speaker 3: call an aggravating mitigating hearing, and again this is their 387 00:17:45,600 --> 00:17:47,919 Speaker 3: go to big tough guy prosecutor before a judge. It 388 00:17:48,000 --> 00:17:50,439 Speaker 3: was an ex prosecutor a response for a half a 389 00:17:50,440 --> 00:17:53,080 Speaker 3: dozen people in death row already and to sit through 390 00:17:53,119 --> 00:17:54,879 Speaker 3: this the first part of the aggravating part by the 391 00:17:54,920 --> 00:17:57,080 Speaker 3: prosecution where they have to argue why this is above 392 00:17:57,119 --> 00:17:58,919 Speaker 3: and beyond the norm For the worst of the worst, 393 00:17:59,119 --> 00:18:01,199 Speaker 3: you have to have aggravating factors, at least one to 394 00:18:01,200 --> 00:18:03,600 Speaker 3: get a death sentence. They used the bite mark set. 395 00:18:03,600 --> 00:18:06,040 Speaker 3: It was gratuitous violent success, he pain and suffering on 396 00:18:06,080 --> 00:18:08,480 Speaker 3: a soft tissue of while she was still alive, the 397 00:18:08,480 --> 00:18:10,920 Speaker 3: pain and suffering she must have went through, or because 398 00:18:10,960 --> 00:18:13,720 Speaker 3: they're great at covering any possibilities in all their bases, 399 00:18:13,920 --> 00:18:16,240 Speaker 3: and he said, or it was after she was already dead. 400 00:18:16,440 --> 00:18:19,280 Speaker 3: That's heinous and depray, that's tampering with dead body. That's 401 00:18:19,359 --> 00:18:22,119 Speaker 3: just sick. And it's all his suppositions. He don't know 402 00:18:22,119 --> 00:18:24,320 Speaker 3: what happened, but he even had a dress dummy up 403 00:18:24,359 --> 00:18:26,680 Speaker 3: there showing how this was hacked and this was cut, 404 00:18:26,680 --> 00:18:29,120 Speaker 3: and how she has been I mean, very very powerful. 405 00:18:29,119 --> 00:18:30,920 Speaker 3: And then of course came the defenses turned to put 406 00:18:30,960 --> 00:18:33,720 Speaker 3: on the mitigating. Well, how do you mitigate something you 407 00:18:33,760 --> 00:18:36,679 Speaker 3: didn't do? How do you show remorse regret for an 408 00:18:36,720 --> 00:18:39,120 Speaker 3: act you never committed. I told my her, I got 409 00:18:39,119 --> 00:18:40,800 Speaker 3: nothing to apologized for. I didn't kill her. They got 410 00:18:40,800 --> 00:18:43,000 Speaker 3: the wrong person. And he said, well, we'll put your family, 411 00:18:43,000 --> 00:18:44,760 Speaker 3: your friends, or we can have them testify to your 412 00:18:44,760 --> 00:18:47,040 Speaker 3: good behavior in that background. I said, you're not putting 413 00:18:47,040 --> 00:18:48,800 Speaker 3: my family, my people that I know, on that stand 414 00:18:48,840 --> 00:18:50,919 Speaker 3: and be cross examined by that prosecutor. I said, no way, 415 00:18:50,960 --> 00:18:52,960 Speaker 3: it's not going to happen. And he said, we have 416 00:18:53,040 --> 00:18:55,920 Speaker 3: to tell the judge that right, Well, so I did, 417 00:18:55,960 --> 00:18:58,760 Speaker 3: and I was promptly calling an old, remorseful killer a 418 00:18:58,800 --> 00:19:00,680 Speaker 3: horrible monster, and sentence to. 419 00:19:00,640 --> 00:19:15,200 Speaker 1: Death This episode is underwritten by AIG, a leading global 420 00:19:15,200 --> 00:19:19,480 Speaker 1: insurance company, and by Accentsure, a global professional services company 421 00:19:19,520 --> 00:19:23,600 Speaker 1: with leading capabilities in digital, cloud and security. Working to 422 00:19:23,640 --> 00:19:26,119 Speaker 1: reform the criminal justice system is a key pillar of 423 00:19:26,160 --> 00:19:29,600 Speaker 1: the AIG pro Bono Program, which provides free legal services 424 00:19:29,640 --> 00:19:33,960 Speaker 1: and other support to many nonprofit organizations and individuals most 425 00:19:34,040 --> 00:19:37,080 Speaker 1: in need as part of Extensure's commitment to racial and 426 00:19:37,160 --> 00:19:41,359 Speaker 1: civil justice. Accenture's Legal Access Program provides pro bono legal 427 00:19:41,400 --> 00:19:45,680 Speaker 1: services in partnership with more than forty organizations, bringing meaningful 428 00:19:45,800 --> 00:19:52,600 Speaker 1: change to people and communities worldwide. 429 00:19:55,480 --> 00:19:57,920 Speaker 3: Within a week's time, I was transported by a bust 430 00:19:57,920 --> 00:20:00,800 Speaker 3: straight to the death throw in Arizona. That's just about 431 00:20:00,800 --> 00:20:04,080 Speaker 3: a five by seven center block walled cell. Had stealed 432 00:20:04,119 --> 00:20:06,120 Speaker 3: bars on the front side where the door was. There 433 00:20:06,119 --> 00:20:08,080 Speaker 3: was a little trap there. That's where they fed you through, 434 00:20:08,080 --> 00:20:10,200 Speaker 3: put the mail through. I can tell you I never 435 00:20:10,440 --> 00:20:12,800 Speaker 3: got a hot meal on death row or meal sat 436 00:20:12,840 --> 00:20:15,280 Speaker 3: in the hallway, so they felt like feedus. I got 437 00:20:15,880 --> 00:20:18,399 Speaker 3: one sheet, one towel, one army blanket. There was a 438 00:20:18,440 --> 00:20:21,240 Speaker 3: cement slab that had a about a two inch pad 439 00:20:21,280 --> 00:20:23,600 Speaker 3: on it. I wrapped my sneakers in my towel. That 440 00:20:23,720 --> 00:20:26,240 Speaker 3: was my pillow, and that's where I was to live 441 00:20:26,320 --> 00:20:29,520 Speaker 3: now until they decided when I was going to die again. 442 00:20:29,600 --> 00:20:31,800 Speaker 3: My friends and family believed to me, supported me, but 443 00:20:31,880 --> 00:20:33,480 Speaker 3: I knew this cell and death row is going to 444 00:20:33,480 --> 00:20:35,239 Speaker 3: be my home for quite a while, and I'm going 445 00:20:35,280 --> 00:20:37,520 Speaker 3: to have to learn the survivment here and learn what 446 00:20:37,600 --> 00:20:39,800 Speaker 3: I can about the system to prepare myself for what 447 00:20:39,880 --> 00:20:42,080 Speaker 3: I need to know to fight it in the future 448 00:20:42,359 --> 00:20:43,840 Speaker 3: if I ever had that chance again. 449 00:20:44,720 --> 00:20:48,200 Speaker 1: And you did get that chance again because the Arizona 450 00:20:48,240 --> 00:20:51,560 Speaker 1: Supreme Court overturned your conviction on direct appeal. I mean, 451 00:20:52,320 --> 00:20:57,200 Speaker 1: it's a freaking miracle, right, And how did that miracle 452 00:20:57,240 --> 00:20:58,320 Speaker 1: come to pass? 453 00:20:58,600 --> 00:21:00,679 Speaker 3: Well, they'd still had law library then, and so I 454 00:21:00,680 --> 00:21:02,720 Speaker 3: started going and reading the law books. Actually became a 455 00:21:02,800 --> 00:21:05,480 Speaker 3: legal representative to help other inmates there in prison, both 456 00:21:05,480 --> 00:21:08,400 Speaker 3: on their cases or with dispary issues. So I learned 457 00:21:08,440 --> 00:21:10,879 Speaker 3: a little bit about how that works. Most states, whenever 458 00:21:10,920 --> 00:21:13,520 Speaker 3: you're sentenced to death, it automatically goes direct appeal to 459 00:21:13,600 --> 00:21:16,439 Speaker 3: that state Supreme Court. And in my case, I have 460 00:21:16,480 --> 00:21:19,200 Speaker 3: to say, God bless my worthless attorney. He actually did 461 00:21:19,240 --> 00:21:22,480 Speaker 3: something worthwhile right before our trials to start he was 462 00:21:22,520 --> 00:21:24,840 Speaker 3: on a Friday. The trial started Monday. We were taken 463 00:21:24,880 --> 00:21:27,439 Speaker 3: into the courtroom there in the prosecution and introduced a 464 00:21:27,520 --> 00:21:30,880 Speaker 3: videotape made by their bikemark expert, about forty minutes long, 465 00:21:30,920 --> 00:21:34,080 Speaker 3: about how he conclusively matched my teeth using the latest 466 00:21:34,119 --> 00:21:37,600 Speaker 3: techniques to these bike marks on her body. Very impressive, 467 00:21:37,720 --> 00:21:40,119 Speaker 3: very powerful evidence. And my attorney was awake, he was 468 00:21:40,160 --> 00:21:42,560 Speaker 3: actually paying attention. He said, your honor, I've never seen 469 00:21:42,560 --> 00:21:44,240 Speaker 3: this evidence before. You can't allow this in. At the 470 00:21:44,280 --> 00:21:46,760 Speaker 3: last moment, the judge said, D nine, I'm going to 471 00:21:46,760 --> 00:21:48,560 Speaker 3: allow this in. He said, you got the weekend to 472 00:21:48,600 --> 00:21:51,440 Speaker 3: consult with this expert. And then at a burst of brilliance, 473 00:21:51,480 --> 00:21:53,280 Speaker 3: we actually said you're honor and lighted that ruling. If 474 00:21:53,280 --> 00:21:55,080 Speaker 3: you're gonna allow that evidence in, I'm going to have 475 00:21:55,080 --> 00:21:57,280 Speaker 3: to ask for thirty day continues. I am not prepared 476 00:21:57,280 --> 00:22:00,240 Speaker 3: for this evidence. I need thirty more days. And as 477 00:22:00,240 --> 00:22:02,800 Speaker 3: I said, the judge was consistent, he was an ex prosecutor, 478 00:22:02,880 --> 00:22:05,600 Speaker 3: had people on death road. He said, denied. He said, 479 00:22:05,720 --> 00:22:08,240 Speaker 3: we need to get this trial rolling. So just seven 480 00:22:08,280 --> 00:22:10,639 Speaker 3: months from the murder, he needed to get the trial rolling. 481 00:22:11,040 --> 00:22:13,560 Speaker 3: The arizonas were Supreme Court reviewed the issue for what 482 00:22:13,680 --> 00:22:15,960 Speaker 3: it was. They said, my attorney was well within the 483 00:22:16,040 --> 00:22:18,840 Speaker 3: rights for ask for a continuance. They said the judge 484 00:22:18,920 --> 00:22:20,720 Speaker 3: was wrong for allowing that in at the last moment. 485 00:22:20,800 --> 00:22:22,320 Speaker 3: As a defendant, you have a right to know what 486 00:22:22,320 --> 00:22:24,159 Speaker 3: Evan's going to be used against you. You have a 487 00:22:24,240 --> 00:22:26,520 Speaker 3: right to receive that in a timely manner. But just 488 00:22:26,560 --> 00:22:29,240 Speaker 3: because there's a mistake of technicality and error made does 489 00:22:29,280 --> 00:22:31,560 Speaker 3: not mean you walk free. There's two parts to it, 490 00:22:31,640 --> 00:22:34,600 Speaker 3: and the second part is called a harmless error evaluation, 491 00:22:34,880 --> 00:22:36,760 Speaker 3: and this is where they review this piece of evidence, 492 00:22:36,800 --> 00:22:39,160 Speaker 3: this omission, this era, and whether or not it would 493 00:22:39,160 --> 00:22:42,480 Speaker 3: affect the verdict when the jury even cared, did this matter? 494 00:22:43,080 --> 00:22:46,080 Speaker 3: And the exact words were without this videotape, there wasn't 495 00:22:46,080 --> 00:22:49,800 Speaker 3: even a jury submissible case against mister Krone. They recognized 496 00:22:49,800 --> 00:22:52,440 Speaker 3: this was about a bite mark, that this was critical evidence. 497 00:22:52,600 --> 00:22:54,800 Speaker 3: The judge was wrong and they ordered a new trial. 498 00:22:55,560 --> 00:22:58,879 Speaker 1: And you were lucky enough to have a strong family 499 00:22:58,920 --> 00:23:02,720 Speaker 1: support system throughout your fight. What did they do to 500 00:23:02,840 --> 00:23:04,800 Speaker 1: help in the lead up to your second trial? 501 00:23:05,080 --> 00:23:07,199 Speaker 3: And so God bless them. They mortgaged their house, They 502 00:23:07,240 --> 00:23:09,520 Speaker 3: cashed in with retirement funds. There was different people that 503 00:23:09,600 --> 00:23:12,719 Speaker 3: gave their income tax returns money to my family. And 504 00:23:12,800 --> 00:23:14,960 Speaker 3: I had a second cousin out in California, and he 505 00:23:15,000 --> 00:23:17,600 Speaker 3: was reasonably well off and he'd heard about this from 506 00:23:17,680 --> 00:23:19,840 Speaker 3: his mother and he was dumbfound. He's like, what kind 507 00:23:19,880 --> 00:23:21,480 Speaker 3: of family did I come from? With a murderer on 508 00:23:21,560 --> 00:23:23,600 Speaker 3: death row? And he was intrigued. He came to visit 509 00:23:23,600 --> 00:23:25,640 Speaker 3: me on death row and talked with me, and when 510 00:23:25,640 --> 00:23:27,679 Speaker 3: he was done, he said, something doesn't sound right here. 511 00:23:27,720 --> 00:23:30,119 Speaker 3: And he became a real champion for the fight for 512 00:23:30,200 --> 00:23:33,040 Speaker 3: my innocence. And he knew attorney out of California, and 513 00:23:33,040 --> 00:23:35,040 Speaker 3: from talking through him, the attorney said, let me take 514 00:23:35,040 --> 00:23:37,280 Speaker 3: the case. We couldn't come near the hundreds of thousands 515 00:23:37,320 --> 00:23:39,960 Speaker 3: of dollars required, but he said, just pay the expenses. 516 00:23:40,000 --> 00:23:42,000 Speaker 3: I believe in raid. This case is no good. Let 517 00:23:42,080 --> 00:23:44,480 Speaker 3: me take the case. And so now we had a 518 00:23:44,520 --> 00:23:47,520 Speaker 3: person very experienced attorney. When he showed up for that trial, 519 00:23:47,560 --> 00:23:49,720 Speaker 3: I mean, he had books and books about its stuff 520 00:23:49,760 --> 00:23:51,600 Speaker 3: that he had found out that we never knew about 521 00:23:51,600 --> 00:23:53,639 Speaker 3: in our first trial. Things that they had done with 522 00:23:53,840 --> 00:23:56,359 Speaker 3: everything from even blood sampling and testing and stuff that 523 00:23:56,400 --> 00:23:59,240 Speaker 3: we never knew had been done. More about footprints and 524 00:23:59,280 --> 00:24:01,960 Speaker 3: fingerprints that had been found that we never knew about, 525 00:24:02,240 --> 00:24:04,520 Speaker 3: and all this stuff was coming out at our second trial. 526 00:24:05,040 --> 00:24:07,439 Speaker 3: And when that second trials finally started in February of 527 00:24:07,560 --> 00:24:11,280 Speaker 3: nineteen ninety six, it lasted over seven weeks. Over five 528 00:24:11,359 --> 00:24:14,919 Speaker 3: hundred exhibits were introduced. We had three bitemark experts testify 529 00:24:15,040 --> 00:24:18,320 Speaker 3: the defense alone. It was a whole different scenario now, 530 00:24:18,400 --> 00:24:20,240 Speaker 3: and it was starting to feel good about the truth 531 00:24:20,400 --> 00:24:21,520 Speaker 3: was coming out at this trial. 532 00:24:22,280 --> 00:24:25,200 Speaker 1: Yep. And the truth sure did come out all right. 533 00:24:25,280 --> 00:24:29,640 Speaker 1: So you had DNA testing done on the saliva from 534 00:24:29,640 --> 00:24:33,400 Speaker 1: the bite mark that identified a different contributor, confirming that 535 00:24:33,560 --> 00:24:37,479 Speaker 1: it belonged neither to you nor the victim. So I 536 00:24:37,480 --> 00:24:40,199 Speaker 1: think now everybody is probably on the edge of their 537 00:24:40,240 --> 00:24:44,640 Speaker 1: seats going okay, So now comes to happy ending, right, he. 538 00:24:44,720 --> 00:24:47,040 Speaker 3: Thinks, I mean, my family, we all had reason to 539 00:24:47,080 --> 00:24:50,760 Speaker 3: be very optimistic. Now. The prosecutor, right before they went out, 540 00:24:50,920 --> 00:24:54,080 Speaker 3: and that prosecutor stood before that jury for closing arguments, 541 00:24:54,520 --> 00:24:57,600 Speaker 3: told them to ignore that DNA. Disregard that DNA. He 542 00:24:57,640 --> 00:25:00,000 Speaker 3: said that DNA is easier to explain. She's a way, 543 00:25:00,400 --> 00:25:02,840 Speaker 3: she's a bar tender, she handles glasses all day long. 544 00:25:03,119 --> 00:25:06,320 Speaker 3: That was just transferred there by accident from somebody else. 545 00:25:06,800 --> 00:25:08,919 Speaker 3: He said, we know from the bike mark who did this, 546 00:25:09,160 --> 00:25:11,440 Speaker 3: and you're responsible to see that justice is done for 547 00:25:11,520 --> 00:25:15,160 Speaker 3: the victim's family. And this is his best prosecutor of tone, 548 00:25:15,359 --> 00:25:18,280 Speaker 3: a kindness, consoling, trust me voice that he's telling this 549 00:25:18,359 --> 00:25:21,200 Speaker 3: jury that right before they go out to deliberate. And 550 00:25:21,240 --> 00:25:24,840 Speaker 3: the jury goes out after all that time and come 551 00:25:24,880 --> 00:25:28,359 Speaker 3: back and finds me guilty again, everything just froze for me. 552 00:25:28,440 --> 00:25:30,400 Speaker 3: I see the jurors wiping tears out of their eyes, 553 00:25:30,400 --> 00:25:31,960 Speaker 3: their heads down, they don't want to look at me. 554 00:25:32,440 --> 00:25:34,919 Speaker 3: My attorney's hanging on my shoulder, saying, I can't believe this. 555 00:25:34,960 --> 00:25:36,560 Speaker 3: Why do they see the truth? Don't worry. I'm with 556 00:25:36,640 --> 00:25:38,720 Speaker 3: you to the end. And I look over to prosecution 557 00:25:38,840 --> 00:25:40,800 Speaker 3: side and they're all jumping up and down, celebrating like 558 00:25:40,800 --> 00:25:42,600 Speaker 3: the one the big ball game, And all I can 559 00:25:42,640 --> 00:25:45,199 Speaker 3: think is woeb stop rewinders though this can't be is no, 560 00:25:45,280 --> 00:25:48,080 Speaker 3: it's not possible to But that lasted just seconds because 561 00:25:48,119 --> 00:25:50,160 Speaker 3: I was brought right back to reality because I heard 562 00:25:50,160 --> 00:25:53,399 Speaker 3: the most horrible scream, this moan and wailing from my 563 00:25:53,560 --> 00:25:55,840 Speaker 3: mom and sister not five feet behind me. To turn 564 00:25:55,840 --> 00:25:57,600 Speaker 3: around and see the look in their eye, the tears 565 00:25:57,880 --> 00:26:00,720 Speaker 3: holding their face, and I'd say, Mom, don't cry, Amy, 566 00:26:00,840 --> 00:26:02,920 Speaker 3: my little sister Amy, It'll be all right. Don't worry. 567 00:26:02,920 --> 00:26:05,600 Speaker 3: I'll be okay. You couldn't believe this, what happened? How 568 00:26:05,600 --> 00:26:08,320 Speaker 3: can this be? It's not possible. But there I was 569 00:26:08,480 --> 00:26:11,000 Speaker 3: found guilty again Jesus. 570 00:26:11,040 --> 00:26:15,880 Speaker 1: So they bought that nonsense about the transfer saliva from glassware. 571 00:26:16,240 --> 00:26:19,439 Speaker 1: But luckily the judge had his doubts. And when it 572 00:26:19,600 --> 00:26:23,440 Speaker 1: comes to the Aggravation and Mitigation hearing for your sentencing, 573 00:26:23,680 --> 00:26:28,240 Speaker 1: your attorney, Chris Plored, spent two hours demonstrating how all 574 00:26:28,280 --> 00:26:31,160 Speaker 1: of the pieces of evidence pointed to somebody else, How 575 00:26:31,200 --> 00:26:33,560 Speaker 1: police were able to get footprints at the scene of 576 00:26:33,600 --> 00:26:36,159 Speaker 1: the crime and were able to match them to actual 577 00:26:36,240 --> 00:26:39,640 Speaker 1: shoes size nine and a half converse, but you wear 578 00:26:39,680 --> 00:26:43,520 Speaker 1: a size eleven, right. That fingerprints and palm prince found 579 00:26:43,520 --> 00:26:45,960 Speaker 1: in the bathroom didn't match you, that hair found on 580 00:26:46,000 --> 00:26:49,760 Speaker 1: the victim's body, that salivary DNA didn't match you. And 581 00:26:49,960 --> 00:26:52,280 Speaker 1: all of this made such an impression on the judge, 582 00:26:52,280 --> 00:26:55,679 Speaker 1: Superior Court Judge James McDougal, that he said, quote, the 583 00:26:55,760 --> 00:26:58,960 Speaker 1: court is left with a residual or lingering doubt about 584 00:26:58,960 --> 00:27:01,560 Speaker 1: the clear identity of the killer. This is one of 585 00:27:01,640 --> 00:27:03,800 Speaker 1: those cases that will haunt me for the rest of 586 00:27:03,840 --> 00:27:06,480 Speaker 1: my life, wondering whether I have done the right thing. 587 00:27:07,520 --> 00:27:09,640 Speaker 2: End quote. 588 00:27:10,000 --> 00:27:14,199 Speaker 1: Wow, I mean he still had to sentence you, but 589 00:27:14,720 --> 00:27:18,600 Speaker 1: he was definitely not convinced beyond a reasonable doubt. 590 00:27:18,840 --> 00:27:20,960 Speaker 3: And yeah, he sends me to twenty five delight for 591 00:27:21,000 --> 00:27:23,240 Speaker 3: the murk, and then he went on too aggravate kidnapping 592 00:27:23,440 --> 00:27:25,960 Speaker 3: and added on twenty one more So, I was actually 593 00:27:26,000 --> 00:27:28,720 Speaker 3: facing forty six years in prison before I'd ever have 594 00:27:28,840 --> 00:27:31,520 Speaker 3: an opportunity to get out. It was a death sentence. 595 00:27:31,560 --> 00:27:33,640 Speaker 3: I'd had to be eighty one years old to ever 596 00:27:33,680 --> 00:27:36,000 Speaker 3: have my first shot at a release. You don't live 597 00:27:36,040 --> 00:27:37,800 Speaker 3: to be eighty one in our prisons, no. 598 00:27:38,359 --> 00:27:40,639 Speaker 1: Very few people do, even on the outside of the 599 00:27:40,760 --> 00:27:43,560 Speaker 1: life expectancy is less than that. So now you're back 600 00:27:43,600 --> 00:27:46,440 Speaker 1: to prison, and while it's not death row this time, 601 00:27:46,480 --> 00:27:49,719 Speaker 1: as you said, it's still really a living death sentence. 602 00:27:50,200 --> 00:27:52,919 Speaker 1: I mean, did you find a way to maintain hope 603 00:27:53,040 --> 00:27:53,679 Speaker 1: at this point? 604 00:27:54,280 --> 00:27:56,439 Speaker 3: Years go by, my appeals are turned down. They said, no, 605 00:27:56,480 --> 00:27:58,359 Speaker 3: this is a fair trial. There's nothing wrong with this 606 00:27:58,400 --> 00:28:00,440 Speaker 3: trial yet, But I'm thinking man, I'm going to here. 607 00:28:00,840 --> 00:28:03,000 Speaker 3: My family is still doing newsletter. They figured we got 608 00:28:03,040 --> 00:28:04,399 Speaker 3: to find out who did this. It's the only way 609 00:28:04,440 --> 00:28:06,480 Speaker 3: we can get them out here. My cousin, Jim Rix 610 00:28:06,680 --> 00:28:10,119 Speaker 3: in California is working strenuously to find hiring people to 611 00:28:10,119 --> 00:28:13,399 Speaker 3: investigate doing different things, and nothing's really panning out. And 612 00:28:13,440 --> 00:28:16,240 Speaker 3: then in two thousand and one, Arizona state legislatures passed 613 00:28:16,240 --> 00:28:19,800 Speaker 3: a new law allowing for post conviction relief DNA testing. 614 00:28:20,320 --> 00:28:22,679 Speaker 3: Most states are only allowed a small window after your 615 00:28:22,720 --> 00:28:25,080 Speaker 3: conviction to bring up new evidence. If you didn't bring 616 00:28:25,080 --> 00:28:27,240 Speaker 3: it up a trial, it's very hard to ever bring 617 00:28:27,240 --> 00:28:30,280 Speaker 3: it up again. But they recognized that DNA was too critical, 618 00:28:30,320 --> 00:28:33,919 Speaker 3: too definitive, too important to just ignore on a time restraint, 619 00:28:34,160 --> 00:28:36,360 Speaker 3: so they passed a new law allowing for post conviction 620 00:28:36,480 --> 00:28:39,960 Speaker 3: relief on DNA material, provided it was previously on tested 621 00:28:40,280 --> 00:28:42,560 Speaker 3: that would have direct bearing on guilt or innocence, and 622 00:28:42,600 --> 00:28:45,920 Speaker 3: that it was properly maintained. And I have to say God, 623 00:28:45,920 --> 00:28:48,440 Speaker 3: bless you, thank you Phoenich police department, because they kept 624 00:28:48,440 --> 00:28:50,920 Speaker 3: the clothing in Kim's case. She had been stabbed with 625 00:28:50,960 --> 00:28:53,400 Speaker 3: a big butcher knife from the kitchen through her clothing 626 00:28:53,720 --> 00:28:55,880 Speaker 3: which was then cut off with that butcher knife and 627 00:28:55,880 --> 00:28:58,640 Speaker 3: thrown in a corner. She had been stabbed so forcibly 628 00:28:58,680 --> 00:29:01,000 Speaker 3: with this butcher knife that it actually bent the blade, 629 00:29:01,040 --> 00:29:03,480 Speaker 3: and my experts all surmised there was a good chance 630 00:29:03,520 --> 00:29:06,160 Speaker 3: the person willing that knife may have cut themselves. And 631 00:29:06,240 --> 00:29:07,800 Speaker 3: so we were able to get a look at those 632 00:29:07,840 --> 00:29:10,320 Speaker 3: clothing that they had kept preserved and stored, and my 633 00:29:10,480 --> 00:29:12,640 Speaker 3: journey was able to see that there was blood on 634 00:29:12,800 --> 00:29:15,880 Speaker 3: her pants, on her underwear. Meanwhile, I was visited by 635 00:29:15,880 --> 00:29:19,280 Speaker 3: a man named Alan Simpson and investigator Tom Street would 636 00:29:19,360 --> 00:29:21,320 Speaker 3: to know if I would like them to represent me. 637 00:29:21,600 --> 00:29:23,680 Speaker 3: I'm like, I have no money or no, No, that's 638 00:29:23,680 --> 00:29:25,200 Speaker 3: not what we're talking about. We want to represent you 639 00:29:25,240 --> 00:29:27,600 Speaker 3: in this case and have this post conviction relief DNA 640 00:29:27,640 --> 00:29:30,360 Speaker 3: testing done, so I can't pay you anything for about 641 00:29:30,400 --> 00:29:32,720 Speaker 3: five minutes, I can't pay you if only got to 642 00:29:32,720 --> 00:29:34,560 Speaker 3: the point, That's not what mattered to them. They wanted 643 00:29:34,560 --> 00:29:36,600 Speaker 3: to represent me. They bleed in my innocence and they 644 00:29:36,680 --> 00:29:38,960 Speaker 3: would then petitioned the courts under that new law to 645 00:29:39,000 --> 00:29:41,800 Speaker 3: have DNA testing done on that pants and underwear that 646 00:29:41,840 --> 00:29:44,680 Speaker 3: they had found some type of a staining. That testing 647 00:29:44,720 --> 00:29:46,680 Speaker 3: was now being done. It started in October. We were 648 00:29:46,680 --> 00:29:49,720 Speaker 3: told it would take six to eight weeks. October went by, 649 00:29:49,800 --> 00:29:53,000 Speaker 3: and November went by, December went by, January went by, 650 00:29:53,080 --> 00:29:56,120 Speaker 3: still no results. I'm waiting, I'm anxious. Went it up. 651 00:29:56,120 --> 00:29:58,800 Speaker 3: It turned out that they actually had results back, but 652 00:29:58,880 --> 00:30:00,480 Speaker 3: it came back with a match to a another man 653 00:30:00,520 --> 00:30:02,680 Speaker 3: that was currently serving a ten year sentence for sexually 654 00:30:02,680 --> 00:30:05,600 Speaker 3: assaulting a child. It came back three or four times. 655 00:30:05,600 --> 00:30:07,520 Speaker 3: The prosecution to have the rerun it and rerun it 656 00:30:07,520 --> 00:30:08,120 Speaker 3: and rerun it. 657 00:30:08,240 --> 00:30:11,080 Speaker 1: And it's important that we mentioned that this man who 658 00:30:11,080 --> 00:30:14,400 Speaker 1: the DNA actually matched was a guy named Kenneth Phillips, right, 659 00:30:14,720 --> 00:30:16,600 Speaker 1: And as you said, this was a guy who was 660 00:30:16,680 --> 00:30:20,280 Speaker 1: at that time incarcerated for sexually assaulting and choking a 661 00:30:20,400 --> 00:30:21,520 Speaker 1: seven year old girl. 662 00:30:21,840 --> 00:30:22,680 Speaker 2: It's unreal. 663 00:30:23,120 --> 00:30:25,160 Speaker 1: And at the time of the murder, he was not 664 00:30:25,360 --> 00:30:29,160 Speaker 1: only on probation for breaking into a neighboring woman's apartment 665 00:30:29,200 --> 00:30:31,640 Speaker 1: and choking her while threatening to kill her, but he 666 00:30:31,760 --> 00:30:35,520 Speaker 1: was also living just six hundred yards away from the 667 00:30:35,600 --> 00:30:40,040 Speaker 1: CBS lounge where the victim was killed. So it's horrible 668 00:30:40,280 --> 00:30:44,680 Speaker 1: to think that this horrendous ordeal that you went through 669 00:30:44,800 --> 00:30:49,400 Speaker 1: and the one suffered by that poor little child could 670 00:30:49,400 --> 00:30:53,880 Speaker 1: have been avoided entirely. Unfortunately that was not the case, 671 00:30:53,960 --> 00:30:56,680 Speaker 1: and it took all of those years later, and these 672 00:30:56,720 --> 00:30:58,160 Speaker 1: critical DNA test. 673 00:30:58,000 --> 00:31:01,040 Speaker 3: Results felltly was leaked at that the DNA results were 674 00:31:01,040 --> 00:31:05,320 Speaker 3: back and then it matched another person. Things happened very quickly. 675 00:31:05,360 --> 00:31:07,560 Speaker 3: Then on April eighth, I was called over to the 676 00:31:07,560 --> 00:31:10,240 Speaker 3: counselor's office. He said, your attorney's on the phone. And 677 00:31:10,320 --> 00:31:12,440 Speaker 3: I got the phone and it was Alan. He said, Ray, 678 00:31:12,440 --> 00:31:14,360 Speaker 3: how you doing today? I said, five? Just in their 679 00:31:14,440 --> 00:31:16,840 Speaker 3: day at paradise. He laughed. He said, what do you want? 680 00:31:16,960 --> 00:31:18,520 Speaker 3: Want to eat? I said, well, what are you talking about? 681 00:31:18,640 --> 00:31:20,200 Speaker 3: Whatever's in the towel. He goes, no, no, no, what 682 00:31:20,200 --> 00:31:22,440 Speaker 3: do you want? He steak? Seafood ekes a good food, 683 00:31:22,480 --> 00:31:24,600 Speaker 3: a beer? What would you like? Ray? I said, Alan, 684 00:31:24,680 --> 00:31:27,600 Speaker 3: what the devil are you talking about? He said, I 685 00:31:27,640 --> 00:31:29,840 Speaker 3: just got off the phone with the prosecutor's office. They 686 00:31:29,920 --> 00:31:32,000 Speaker 3: just got back from the judges chambers. They're cutting the 687 00:31:32,040 --> 00:31:35,400 Speaker 3: paperwork and coming home today. And I just what did 688 00:31:35,440 --> 00:31:37,960 Speaker 3: you say? He said, Roll up, Ray, it's all over. 689 00:31:38,000 --> 00:31:41,080 Speaker 3: You're coming home. And I looked at the counselor and 690 00:31:41,120 --> 00:31:43,280 Speaker 3: I gave him the phone, and he'd hung it up 691 00:31:43,320 --> 00:31:45,239 Speaker 3: and well his phone rang right away and he picked yes, 692 00:31:45,240 --> 00:31:48,840 Speaker 3: sir right, he's right here. Yes, his eyes are getting bigger. 693 00:31:48,880 --> 00:31:52,040 Speaker 3: Yesterday I'll haven't done. Yes, absolutely, I'll take care of it. Said. 694 00:31:52,040 --> 00:31:53,400 Speaker 3: That was the ward. He said, you need to go 695 00:31:53,480 --> 00:31:56,560 Speaker 3: back and roll your stuff up. You're being released, mister crone. 696 00:31:57,520 --> 00:31:59,640 Speaker 3: I walked out of that prison about three hours later, 697 00:31:59,640 --> 00:32:01,400 Speaker 3: looking at over my shoulder and wondered what the devil 698 00:32:01,400 --> 00:32:03,680 Speaker 3: were they up to this time because they never accepted 699 00:32:03,680 --> 00:32:06,400 Speaker 3: my innocence, they never believed what I said. And now, 700 00:32:06,560 --> 00:32:09,600 Speaker 3: just like that one day and back in December thirty first, 701 00:32:09,640 --> 00:32:11,240 Speaker 3: it was when I woke up in my house and 702 00:32:11,280 --> 00:32:13,360 Speaker 3: that evening I went to sleep in a jail. So 703 00:32:14,240 --> 00:32:15,960 Speaker 3: that morning I woke up in a prison cell and 704 00:32:16,000 --> 00:32:19,440 Speaker 3: went home to sleep. But I was released and my attorney, 705 00:32:19,520 --> 00:32:22,440 Speaker 3: Chris Plord, came from over in California. He picked me 706 00:32:22,520 --> 00:32:24,520 Speaker 3: up and drove me off that day to escort me 707 00:32:24,560 --> 00:32:26,120 Speaker 3: off to start my life all over again at the 708 00:32:26,120 --> 00:32:28,840 Speaker 3: age of forty five, after ten years, stream months and 709 00:32:28,920 --> 00:32:31,480 Speaker 3: eight days, to reunite with my family and friends, with 710 00:32:31,560 --> 00:32:33,720 Speaker 3: the distinction of being the one undred person in America 711 00:32:34,160 --> 00:32:36,760 Speaker 3: too have been convicted of a capitol murder, sentence to death, 712 00:32:36,800 --> 00:32:38,840 Speaker 3: and later to be free, to be exonerated, to be 713 00:32:38,880 --> 00:32:40,240 Speaker 3: proven innocent. Wow. 714 00:32:40,520 --> 00:32:44,240 Speaker 1: You know, it's really such an inspiring story with a 715 00:32:44,280 --> 00:32:47,160 Speaker 1: lot of villains, but you know, when you think about it, 716 00:32:47,200 --> 00:32:49,600 Speaker 1: there are even more heroes than villains. Like you're a 717 00:32:49,880 --> 00:32:53,960 Speaker 1: Pallett attorney Chris Plored. You know, hearing his name reminds 718 00:32:53,960 --> 00:32:55,720 Speaker 1: me of a story I heard about a sting that 719 00:32:55,840 --> 00:32:59,000 Speaker 1: was done to expose the notorious bite Mark Charlotte and 720 00:32:59,000 --> 00:33:03,240 Speaker 1: Michael West, Mississippi. And in that sting, Michael West was 721 00:33:03,240 --> 00:33:05,880 Speaker 1: given a set of dental molds that he was told 722 00:33:06,480 --> 00:33:09,240 Speaker 1: belonged to a suspect in some crime or other. But 723 00:33:09,360 --> 00:33:12,720 Speaker 1: it turned out that the dental molds were actually the 724 00:33:12,760 --> 00:33:15,880 Speaker 1: ones belonging to the investigator who was part of this sting. 725 00:33:16,600 --> 00:33:21,400 Speaker 1: And of course, this freaking numbnot's West identifies the dental 726 00:33:21,440 --> 00:33:25,080 Speaker 1: molds as those belonging to the culprit in this fake case, 727 00:33:26,040 --> 00:33:30,760 Speaker 1: thereby exposing himself as just one of many frauds in 728 00:33:30,800 --> 00:33:31,360 Speaker 1: this field. 729 00:33:31,840 --> 00:33:34,320 Speaker 3: It was my cousin's dentician that was sent to doctor 730 00:33:34,320 --> 00:33:37,080 Speaker 3: West out dur In, Mississippi, with using the picture that 731 00:33:37,160 --> 00:33:39,360 Speaker 3: was the bite mark on the breasts, saying that it 732 00:33:39,400 --> 00:33:41,480 Speaker 3: was actually a child abuse case and could he be 733 00:33:41,520 --> 00:33:43,440 Speaker 3: of any help whether or not this was a suspect, 734 00:33:43,520 --> 00:33:47,520 Speaker 3: and could you identify that West identified my cousin's teeth 735 00:33:47,600 --> 00:33:49,400 Speaker 3: is making the mark that I was convicted of maker 736 00:33:49,720 --> 00:33:53,720 Speaker 3: Wait wait what it was my cousin's teeth, Jim Rix's teeth. 737 00:33:53,880 --> 00:33:58,240 Speaker 1: That's amazing And oh man, I mean speaking of frauds, 738 00:33:58,240 --> 00:33:59,400 Speaker 1: what about Ray Rosen? 739 00:33:59,480 --> 00:34:02,120 Speaker 2: The experts in New York case, was he ever exposed? 740 00:34:02,400 --> 00:34:05,000 Speaker 3: What ended up happened? It turned out that Ray Rosin 741 00:34:05,080 --> 00:34:07,920 Speaker 3: was I almost say outcast, but he was certainly chastised 742 00:34:07,920 --> 00:34:10,080 Speaker 3: by the rest of the people in his profession and 743 00:34:10,160 --> 00:34:13,680 Speaker 3: knew they all could point quick fingers at where he's wrong, saying, 744 00:34:13,680 --> 00:34:15,440 Speaker 3: why are you doing this? You know you're wrong. And 745 00:34:15,520 --> 00:34:18,040 Speaker 3: he actually resigned from the dental school after my release. 746 00:34:18,080 --> 00:34:20,440 Speaker 3: I couldn't sue him because he was protected under immunity 747 00:34:20,440 --> 00:34:24,000 Speaker 3: from the prosecutor, but he did resign his post at 748 00:34:24,000 --> 00:34:27,480 Speaker 3: the dental school. He also lost his re election as senator. 749 00:34:27,840 --> 00:34:29,960 Speaker 3: But yeah, Ray Rosen held on to the end when 750 00:34:29,960 --> 00:34:32,120 Speaker 3: all the other experts said you're wrong, why you're doing this? 751 00:34:32,360 --> 00:34:34,200 Speaker 3: And We actually had him on tape for the lawsuit. 752 00:34:34,239 --> 00:34:36,120 Speaker 3: If we could have went after saying I'm just in 753 00:34:36,200 --> 00:34:38,880 Speaker 3: too deep to back out now. So what kind of 754 00:34:38,960 --> 00:34:41,040 Speaker 3: system do we have that allows people like that to 755 00:34:41,080 --> 00:34:44,080 Speaker 3: get paid exorbitant amount of money to testify to something 756 00:34:44,400 --> 00:34:46,480 Speaker 3: that they weren't even sure of, but they're in too 757 00:34:46,520 --> 00:34:59,560 Speaker 3: deep to back up and admit they were wrong. Walking 758 00:34:59,640 --> 00:35:02,359 Speaker 3: out that gate that day, being number one hundred, there 759 00:35:02,440 --> 00:35:05,200 Speaker 3: was notoriety. One hundred was a special number. There was 760 00:35:05,200 --> 00:35:07,000 Speaker 3: a number of events that went on around the country 761 00:35:07,000 --> 00:35:09,799 Speaker 3: for that molestone, and there was the media outside Mike 762 00:35:09,920 --> 00:35:11,360 Speaker 3: Gate just want to talk to see what it's like. 763 00:35:11,520 --> 00:35:13,240 Speaker 3: But what are you going to do now? How's it feel? 764 00:35:13,520 --> 00:35:15,680 Speaker 3: And I talked about how my family and friends had 765 00:35:15,680 --> 00:35:17,680 Speaker 3: stood by, how I read the Bible front back three 766 00:35:17,719 --> 00:35:20,240 Speaker 3: and a half times during those ten years and stepped 767 00:35:20,239 --> 00:35:22,759 Speaker 3: with it under my pillow, and reporter back and raised 768 00:35:22,800 --> 00:35:25,600 Speaker 3: his hand. He said, well, mister Crone, giving your faith 769 00:35:25,600 --> 00:35:27,960 Speaker 3: in God, how do you justify him leaving you in 770 00:35:27,960 --> 00:35:30,560 Speaker 3: prison for ten years? I thought, what, how do I 771 00:35:30,719 --> 00:35:33,799 Speaker 3: justify God leaving me in prison for ten years? How 772 00:35:33,800 --> 00:35:36,040 Speaker 3: do you answer a deep soul searching question like that? 773 00:35:36,239 --> 00:35:37,920 Speaker 3: I mean the prison is right behind me. I've been 774 00:35:37,920 --> 00:35:41,319 Speaker 3: out five minutes, and I'm dumbfounded. I'm frozen underard. And 775 00:35:41,320 --> 00:35:42,799 Speaker 3: then all of a suddenly something shot in my head. 776 00:35:42,840 --> 00:35:44,920 Speaker 3: I said, well, you know, maybe it's not about those 777 00:35:44,920 --> 00:35:46,840 Speaker 3: ten years I spent in prison. Maybe it's about what 778 00:35:46,880 --> 00:35:49,319 Speaker 3: I have to do the next ten years. It took 779 00:35:49,360 --> 00:35:51,239 Speaker 3: three weeks to go back before a judge, at which 780 00:35:51,280 --> 00:35:53,359 Speaker 3: point the judge ordered a new trow and that's when 781 00:35:53,360 --> 00:35:56,000 Speaker 3: the prosecution stepped forward and said they were dropping charges 782 00:35:56,360 --> 00:35:59,160 Speaker 3: with prejudice meeting that could never be tried again. And 783 00:35:59,239 --> 00:36:01,480 Speaker 3: at that point said, mister Krone, you're free to go. 784 00:36:01,480 --> 00:36:03,640 Speaker 3: Good luck. I time to think maybe there was a 785 00:36:03,719 --> 00:36:05,960 Speaker 3: reason that somebody like me had to go through this, 786 00:36:06,040 --> 00:36:08,560 Speaker 3: because again, if they can put me on death throw anybody, 787 00:36:08,719 --> 00:36:11,800 Speaker 3: it's acceptable almost to that. And then so I shared 788 00:36:11,800 --> 00:36:13,640 Speaker 3: my story in my background, and at the time, his 789 00:36:13,760 --> 00:36:16,479 Speaker 3: sister Helen was fighting her own war so to speak 790 00:36:16,520 --> 00:36:18,880 Speaker 3: against the death penny. She had the ideal about what 791 00:36:19,000 --> 00:36:21,520 Speaker 3: better way to talk about the death pilty and how 792 00:36:21,560 --> 00:36:23,560 Speaker 3: wrong it is and to have somebody that was innocently 793 00:36:23,560 --> 00:36:25,959 Speaker 3: convicted of it. And I was asked if I would 794 00:36:25,960 --> 00:36:28,319 Speaker 3: come on board to share my story. She was out 795 00:36:28,320 --> 00:36:30,839 Speaker 3: of New Orleans at a time. It lasted probably good 796 00:36:30,880 --> 00:36:33,160 Speaker 3: six months, almost a year, and as anything funny gets 797 00:36:33,239 --> 00:36:36,560 Speaker 3: difficult to have and it was finally folded up years later. 798 00:36:37,000 --> 00:36:40,560 Speaker 3: Man Kurt Rosenberg out Philadelphia had to contact her sister 799 00:36:40,600 --> 00:36:43,400 Speaker 3: Helen and said, I'd like to resurrect Witness Innocence with 800 00:36:43,440 --> 00:36:47,080 Speaker 3: your blessings, with your approval, and she said yes absolutely. 801 00:36:47,480 --> 00:36:50,239 Speaker 3: He had contacted another man he knew there in Philadelphia, 802 00:36:50,239 --> 00:36:53,279 Speaker 3: that was grant writer Terry Ramsey, and then I was 803 00:36:53,320 --> 00:36:56,239 Speaker 3: contacted the resurrect Witness Innocence and between the three I 804 00:36:56,320 --> 00:36:59,520 Speaker 3: was Then we ended up drawing up a nonprofit organization 805 00:37:00,160 --> 00:37:01,799 Speaker 3: US to five oh one three C. We got our 806 00:37:02,120 --> 00:37:05,040 Speaker 3: LLC and we started Witness Citizens, and I believe that 807 00:37:05,080 --> 00:37:07,759 Speaker 3: was around two thousand and five somewhere in there. And 808 00:37:07,840 --> 00:37:10,319 Speaker 3: since then we've grown it now to staff a five 809 00:37:10,400 --> 00:37:13,080 Speaker 3: or six at least paid staff, over thirty some members 810 00:37:13,440 --> 00:37:16,000 Speaker 3: that are active. But we share our stories around the country. 811 00:37:16,000 --> 00:37:17,920 Speaker 3: We've spoken all the states that have at leashed to 812 00:37:17,960 --> 00:37:20,799 Speaker 3: death peny. Our people come and shared their stories, both 813 00:37:20,880 --> 00:37:23,919 Speaker 3: men and women who like me, were wrongly convicted, who 814 00:37:23,960 --> 00:37:26,600 Speaker 3: walked that walk on death row, who were facing a 815 00:37:26,760 --> 00:37:29,440 Speaker 3: possible execution, and later, by the grace of God and 816 00:37:29,480 --> 00:37:33,440 Speaker 3: good fortune and the hard work of others, including innocence 817 00:37:33,480 --> 00:37:36,520 Speaker 3: projects and justice projects around the country, that we're able 818 00:37:36,560 --> 00:37:39,120 Speaker 3: to get our freedom and now use our voice to 819 00:37:39,200 --> 00:37:41,360 Speaker 3: say what is wrong and how we can abolish the 820 00:37:41,360 --> 00:37:44,239 Speaker 3: death peny and fix certain other aspects of our justicysm 821 00:37:44,440 --> 00:37:47,960 Speaker 3: that have continued to malfunction and result in wrongful convictions 822 00:37:47,960 --> 00:37:48,800 Speaker 3: of minicent people. 823 00:37:49,719 --> 00:37:52,520 Speaker 1: Amen to that, and I hope people will go to 824 00:37:52,560 --> 00:37:55,759 Speaker 1: the website, of course, it's Witness to Innocence dot org. 825 00:37:56,320 --> 00:37:59,239 Speaker 1: Now we have a tradition here at wrongful conviction. It's 826 00:37:59,239 --> 00:38:02,440 Speaker 1: called closing our Us and it works very simply. Again, 827 00:38:02,520 --> 00:38:05,240 Speaker 1: I thank you Ray for being such a great leader 828 00:38:05,280 --> 00:38:08,279 Speaker 1: and just an inspiring guy for so many of us, 829 00:38:08,320 --> 00:38:11,040 Speaker 1: a hero for so many of us, including myself, and 830 00:38:11,120 --> 00:38:14,160 Speaker 1: for being here on the show. And then what happens 831 00:38:14,160 --> 00:38:17,000 Speaker 1: now is I turned my microphone off, kick back in 832 00:38:17,040 --> 00:38:20,600 Speaker 1: my chair, leave my headphones on, and just listen as 833 00:38:20,680 --> 00:38:24,640 Speaker 1: you share with our audience anything else you may want 834 00:38:24,680 --> 00:38:29,040 Speaker 1: to say. The microphone is yours, Ray Crone, closing arguments. 835 00:38:29,520 --> 00:38:31,920 Speaker 3: Thank you for that opportunity. Actually, i'd like to share too. 836 00:38:31,920 --> 00:38:35,439 Speaker 3: I think twice of those trials, Kim's mom, a wonderful lady, 837 00:38:35,440 --> 00:38:39,560 Speaker 3: bath with adamants and anger, denounce me and victims' impact statements, 838 00:38:39,600 --> 00:38:41,920 Speaker 3: and rightfully so, she thought I killed her daughter. But 839 00:38:42,000 --> 00:38:43,799 Speaker 3: that day came when I had to go before that judge, 840 00:38:43,840 --> 00:38:46,520 Speaker 3: as I said, for that new trial, and the charges 841 00:38:46,560 --> 00:38:48,359 Speaker 3: were dropped, and the judge bang the galla, Miss Crone, 842 00:38:48,320 --> 00:38:49,920 Speaker 3: you're free to go. I noticed Kim's mom, and the 843 00:38:49,960 --> 00:38:52,560 Speaker 3: crowd is mostly all my friends and family members. But 844 00:38:52,640 --> 00:38:54,919 Speaker 3: she had come walking up a frail lady. Now after 845 00:38:55,080 --> 00:38:58,680 Speaker 3: almost ten years or so, she'd been through this, come 846 00:38:58,760 --> 00:39:01,880 Speaker 3: up walking on a cane. Sadden almost in tears to 847 00:39:01,920 --> 00:39:04,080 Speaker 3: mister Crone, I'm so sorry for what happened to you. 848 00:39:04,480 --> 00:39:06,040 Speaker 3: I know what it's like to lose a loved one. 849 00:39:06,040 --> 00:39:08,879 Speaker 3: I lost my daughter. Your mom lost you for ten years. 850 00:39:08,960 --> 00:39:11,520 Speaker 3: She said, Please forgive me. I just believed what they 851 00:39:11,600 --> 00:39:14,920 Speaker 3: told me, and I said, ma'm your apologies, certainly accept 852 00:39:14,920 --> 00:39:17,560 Speaker 3: that it's not necessary. I can understand your anger at 853 00:39:17,600 --> 00:39:20,000 Speaker 3: me and thinking I'd killed your daughter. I did not 854 00:39:20,160 --> 00:39:22,520 Speaker 3: kill your daughter. I thank you for coming up to me, 855 00:39:22,640 --> 00:39:24,480 Speaker 3: I said, And now it's my first opportunity to actually, 856 00:39:24,520 --> 00:39:26,839 Speaker 3: I'll offer you my condolences. I only knew your lovely 857 00:39:26,920 --> 00:39:29,120 Speaker 3: daughter for a few months, but she seemed like a 858 00:39:29,200 --> 00:39:32,160 Speaker 3: very nice and special person. But there it was a system. 859 00:39:32,280 --> 00:39:34,319 Speaker 3: Wasn't just doing it to my famous system had done 860 00:39:34,320 --> 00:39:36,759 Speaker 3: it to her family now too. She was at that point, 861 00:39:36,840 --> 00:39:38,839 Speaker 3: was actually looking at the possibility having to go back 862 00:39:38,840 --> 00:39:41,120 Speaker 3: to travel again, see all the brutal pictures at the 863 00:39:41,120 --> 00:39:43,799 Speaker 3: prosecutional show of her daughter again and had to sit 864 00:39:43,840 --> 00:39:46,080 Speaker 3: through that testimony. They were doing it to her too, 865 00:39:46,080 --> 00:39:48,920 Speaker 3: And she said, I just believed they told me, And 866 00:39:48,960 --> 00:39:50,919 Speaker 3: I wish some of the good fortune that I've had 867 00:39:50,960 --> 00:39:53,680 Speaker 3: in my case could be blessed on all those other ones, 868 00:39:53,880 --> 00:39:56,920 Speaker 3: those moms and those daughters, those sisters, those wives that 869 00:39:56,960 --> 00:39:59,120 Speaker 3: are fighting for their husband, their loved one right now, 870 00:39:59,239 --> 00:40:02,759 Speaker 3: who totally believe in their innocence. So I just want 871 00:40:02,800 --> 00:40:04,920 Speaker 3: those folks that might be listening, that are struggling with 872 00:40:04,960 --> 00:40:07,399 Speaker 3: their own case right now, to keep that faith alive, 873 00:40:07,440 --> 00:40:09,520 Speaker 3: to keep that open and know that people do care 874 00:40:09,760 --> 00:40:12,080 Speaker 3: about you. Why we might not know you personally, we 875 00:40:12,160 --> 00:40:14,279 Speaker 3: know of your hardships, we know of the struggles, and 876 00:40:14,360 --> 00:40:16,600 Speaker 3: we have people like you today's putting this on the 877 00:40:16,640 --> 00:40:21,440 Speaker 3: air doing podcasts and showing the errors, mistakes and fighting 878 00:40:21,480 --> 00:40:23,520 Speaker 3: for that justice system that we could all be proud 879 00:40:23,560 --> 00:40:24,200 Speaker 3: of in trust. 880 00:40:33,320 --> 00:40:36,799 Speaker 1: Thank you for listening to Wrongful Conviction. Please support your 881 00:40:36,880 --> 00:40:39,520 Speaker 1: local innocence organizations and go to the links in. 882 00:40:39,480 --> 00:40:41,120 Speaker 2: Our bio to see how you can help. 883 00:40:41,600 --> 00:40:45,160 Speaker 1: I'd like to thank our production team Connor Hall, Justin Golden, 884 00:40:45,320 --> 00:40:48,920 Speaker 1: Jeff Clyburn, and Kevin Wardis. The music on this show, 885 00:40:49,000 --> 00:40:53,440 Speaker 1: as always, is by three time OSCAR nominated composer Jay Ralph. 886 00:40:53,560 --> 00:40:56,240 Speaker 1: Be sure to follow us on Instagram at Wrongful Conviction, 887 00:40:56,600 --> 00:41:00,520 Speaker 1: on Twitter at wrong Conviction, and on Facebook at Wrongful 888 00:41:00,520 --> 00:41:03,920 Speaker 1: Conviction Podcast. Wrongful Conviction is a production of Lava for 889 00:41:04,000 --> 00:41:14,160 Speaker 1: Good Podcasts in association with Signal Company Number one