1 00:00:01,160 --> 00:00:04,760 Speaker 1: A note for listeners, this episode contains discussion of suicide. 2 00:00:05,120 --> 00:00:07,000 Speaker 1: Please listen with caution and care. 3 00:00:08,840 --> 00:00:13,440 Speaker 2: So, Jason, I've been working on this one episode about 4 00:00:13,680 --> 00:00:15,800 Speaker 2: a man who went to prison when he was fourteen 5 00:00:15,880 --> 00:00:18,599 Speaker 2: years old, in adult prison, and just thinking about, you 6 00:00:18,600 --> 00:00:22,560 Speaker 2: know what a child's growing up in that kind of environment, 7 00:00:24,239 --> 00:00:25,479 Speaker 2: what that does to them. 8 00:00:25,760 --> 00:00:28,800 Speaker 3: Yeah, you think about I mean a fourteen year old, 9 00:00:29,000 --> 00:00:32,360 Speaker 3: that's a child. You're in eighth grade, maybe ninth grade. 10 00:00:32,479 --> 00:00:36,160 Speaker 3: I mean, it's unimaginable to take a child and put 11 00:00:36,200 --> 00:00:39,559 Speaker 3: them in a situation that is the most adult of 12 00:00:39,600 --> 00:00:40,519 Speaker 3: adult nightmarriage. 13 00:00:40,600 --> 00:00:42,680 Speaker 2: Yeah, I mean, so just even the concept that we 14 00:00:43,360 --> 00:00:47,720 Speaker 2: interrogate children, especially you know, when police are allowed to 15 00:00:47,760 --> 00:00:48,240 Speaker 2: lie to. 16 00:00:48,159 --> 00:00:51,839 Speaker 3: Them, That is a Shakespearean type of a scenario, right, 17 00:00:52,040 --> 00:00:56,160 Speaker 3: And of course we know that young people are much 18 00:00:56,200 --> 00:00:58,600 Speaker 3: more likely to confess to crimes that they didn't commit 19 00:00:58,800 --> 00:01:02,800 Speaker 3: because they're so aptible to the tricks and the lies 20 00:01:02,840 --> 00:01:06,959 Speaker 3: and even physical or psychological abuse that they endure. 21 00:01:07,200 --> 00:01:12,920 Speaker 4: You know, I was in a peg, but yet I 22 00:01:13,000 --> 00:01:16,880 Speaker 4: was still aware that I didn't do what they're saying 23 00:01:16,880 --> 00:01:19,959 Speaker 4: that I get, and I stuck to that even though 24 00:01:19,959 --> 00:01:22,399 Speaker 4: they were threatened me with life in prison. And you 25 00:01:22,440 --> 00:01:24,760 Speaker 4: know what happens to kids to go to prison. I 26 00:01:24,959 --> 00:01:26,640 Speaker 4: never wavered from anything. 27 00:01:26,319 --> 00:01:30,520 Speaker 1: That I ever said, from love of for good. This 28 00:01:30,600 --> 00:01:44,360 Speaker 1: is wrongful conviction with Maggie Freeling today Michael Polly as 29 00:01:44,440 --> 00:01:47,800 Speaker 1: Dawn broke. On December fifth, nineteen ninety eight, fourteen year 30 00:01:47,800 --> 00:01:50,880 Speaker 1: old Mike Pollet woke up to the smell of something burning. 31 00:01:51,280 --> 00:01:53,760 Speaker 1: His friend Josh was sleeping over and when they opened 32 00:01:53,760 --> 00:01:59,280 Speaker 1: his bedroom door, they were inundated with smoke. Mike and 33 00:01:59,360 --> 00:02:01,920 Speaker 1: Josh screw to crawl out of the house to escape. 34 00:02:02,400 --> 00:02:04,400 Speaker 1: On the way, Mike stopped by his mother's room to 35 00:02:04,480 --> 00:02:08,840 Speaker 1: check on her. What he saw scarred him forever. Rita 36 00:02:08,919 --> 00:02:11,200 Speaker 1: Polyte was laying on the floor, face up, with her 37 00:02:11,280 --> 00:02:14,280 Speaker 1: legs spread open, with just a pair of underwear on. 38 00:02:14,919 --> 00:02:17,959 Speaker 1: Her body was on fire. Thirty nine year old Rita 39 00:02:18,040 --> 00:02:22,040 Speaker 1: Polyte was dead. Josh ran to a neighbors to call 40 00:02:22,160 --> 00:02:24,360 Speaker 1: nine one one, while Mike tried to put the fire 41 00:02:24,400 --> 00:02:26,799 Speaker 1: out with a hose. When the police showed up, they 42 00:02:26,800 --> 00:02:30,520 Speaker 1: immediately made it clear that Mike was the prime suspect 43 00:02:30,880 --> 00:02:35,440 Speaker 1: in his mother's murder, despite other suspects linked more closely 44 00:02:35,480 --> 00:02:38,959 Speaker 1: with the evidence at hand, including his own father. Mike 45 00:02:39,160 --> 00:02:43,160 Speaker 1: was arrested, charged and convicted for the murder of his mother. 46 00:02:46,160 --> 00:02:49,320 Speaker 4: And then at that point that's what he said, is 47 00:02:49,360 --> 00:02:52,239 Speaker 4: your father responsible for what? Haven't I said yes? He 48 00:02:52,280 --> 00:02:54,919 Speaker 4: said did you see him? I said no. He said, 49 00:02:54,919 --> 00:02:56,560 Speaker 4: did you hear anything? I said no, I didn't hear anything. 50 00:02:56,560 --> 00:02:58,600 Speaker 4: I didn't see anything. But he's the only one that 51 00:02:58,639 --> 00:03:02,320 Speaker 4: I know that would hate her that much to do 52 00:03:02,400 --> 00:03:05,800 Speaker 4: that through and what I've seen was evil, it was hatred. 53 00:03:14,880 --> 00:03:18,040 Speaker 1: Michael Pollet was born in Mineral Point, Missouri. He grew 54 00:03:18,160 --> 00:03:20,480 Speaker 1: up in a poor family. He lived with his parents, 55 00:03:20,639 --> 00:03:23,600 Speaker 1: Rita and ed Polyte, and his siblings in a trailer 56 00:03:23,600 --> 00:03:24,320 Speaker 1: in the village. 57 00:03:25,120 --> 00:03:28,560 Speaker 4: I was pretty happy kid growing up kindergarten through fifth grade, 58 00:03:28,760 --> 00:03:32,040 Speaker 4: right I was. I was on honor roll Frede's student, 59 00:03:32,520 --> 00:03:35,760 Speaker 4: loved go to school. I was outgoing. I was always 60 00:03:35,920 --> 00:03:39,840 Speaker 4: always with my friends, ride and by Sibilsfoose motorcycles. 61 00:03:40,720 --> 00:03:43,520 Speaker 1: Mike is the youngest of three kids. His sister Crystal 62 00:03:43,600 --> 00:03:46,680 Speaker 1: is the oldest, and then there's Melanie, who's seven years 63 00:03:46,680 --> 00:03:48,560 Speaker 1: older than him. Here's Melanie. 64 00:03:48,640 --> 00:03:52,280 Speaker 5: So when he was little, he wasn't a terrible kid. 65 00:03:52,360 --> 00:03:55,280 Speaker 6: He was just you know, he was rayloxsious, fun and 66 00:03:55,400 --> 00:03:58,720 Speaker 6: liked to like play outside, and he had like you 67 00:03:58,840 --> 00:04:01,840 Speaker 6: have good friends. They weren't never in like real bad trouble. 68 00:04:02,800 --> 00:04:04,920 Speaker 6: I was always his babysitter. Crystal didn't never have to 69 00:04:04,920 --> 00:04:06,760 Speaker 6: do anything because she was the oldest, so she got 70 00:04:06,760 --> 00:04:08,680 Speaker 6: to go out with her friends do whatever. I was 71 00:04:08,720 --> 00:04:11,280 Speaker 6: always the one stuck at home babysitting Mike. And at 72 00:04:11,320 --> 00:04:15,400 Speaker 6: the time, I'm like, I hated it, hated it, But 73 00:04:15,520 --> 00:04:18,720 Speaker 6: now I'm like, I'm so glad that happened, because you know, 74 00:04:18,760 --> 00:04:20,680 Speaker 6: if it didn't, would we be this close. 75 00:04:21,120 --> 00:04:22,640 Speaker 5: I don't know. I would like to hope that we 76 00:04:22,640 --> 00:04:24,440 Speaker 5: would be, but you never know. 77 00:04:26,360 --> 00:04:29,039 Speaker 1: Mike remembers being especially close with his mom Rita. 78 00:04:29,600 --> 00:04:33,160 Speaker 4: My mom got me into sports, right. She played softball 79 00:04:33,640 --> 00:04:36,000 Speaker 4: when she was younger, giving me my first ball glove. 80 00:04:37,640 --> 00:04:39,880 Speaker 4: She'd always organized practices in our yard and she could 81 00:04:39,960 --> 00:04:41,800 Speaker 4: have all the kids over practice. 82 00:04:41,880 --> 00:04:46,640 Speaker 6: Lying He always took up for our mom, like with 83 00:04:46,760 --> 00:04:49,679 Speaker 6: kids at school, you know, back in the day around 84 00:04:49,720 --> 00:04:53,120 Speaker 6: this time, they were always telling your mama jokes like 85 00:04:53,200 --> 00:04:53,680 Speaker 6: your mama is. 86 00:04:53,720 --> 00:04:55,479 Speaker 5: So fat, blah blah whatever. 87 00:04:56,080 --> 00:04:58,400 Speaker 6: Somebody did that to him and he was very upset 88 00:04:58,400 --> 00:05:00,360 Speaker 6: about it, and he was like, you. 89 00:05:00,360 --> 00:05:02,479 Speaker 5: Better never talk about my mother. He almost got a 90 00:05:02,520 --> 00:05:05,640 Speaker 5: fight with this kid, and it was like, you know, okay. 91 00:05:05,400 --> 00:05:08,520 Speaker 6: It's a joke, but that's how sensitive he is about 92 00:05:08,680 --> 00:05:09,840 Speaker 6: our mom, you know, like. 93 00:05:09,760 --> 00:05:10,720 Speaker 5: You just don't mess with her. 94 00:05:11,800 --> 00:05:14,880 Speaker 1: Mike's dad, Ed also had a special place and makes heart, 95 00:05:15,080 --> 00:05:18,480 Speaker 1: and he helped foster one of his passions racing cars. 96 00:05:19,160 --> 00:05:21,320 Speaker 4: I looked up to him quite a bit. My dad 97 00:05:21,400 --> 00:05:23,680 Speaker 4: raced stock cars at the local dirt track. Made me 98 00:05:23,720 --> 00:05:27,160 Speaker 4: want to do you know, every Saturday night. As a child, 99 00:05:27,160 --> 00:05:31,240 Speaker 4: I remember going to the races, and really it's been 100 00:05:31,279 --> 00:05:34,200 Speaker 4: a child of dream mind to actually raise a late model. 101 00:05:35,000 --> 00:05:38,640 Speaker 4: I'm look forward to that in the future. But growing 102 00:05:38,720 --> 00:05:42,400 Speaker 4: up it was. It was good up until the point 103 00:05:42,480 --> 00:05:48,120 Speaker 4: where our family dynamics began to change because of infidelity 104 00:05:48,160 --> 00:05:49,000 Speaker 4: on my father's part. 105 00:05:49,680 --> 00:05:53,320 Speaker 6: Yeah, there was definitely some physical violence, a lot of arguing, 106 00:05:54,960 --> 00:05:59,600 Speaker 6: a lot of mental abuse for you know, from my 107 00:05:59,720 --> 00:06:00,559 Speaker 6: dad to my mom. 108 00:06:00,720 --> 00:06:03,120 Speaker 5: He also did it to us too, you know, like. 109 00:06:03,839 --> 00:06:07,040 Speaker 6: Guilt trips and he would always talk bad about our 110 00:06:07,040 --> 00:06:08,200 Speaker 6: mom to us. 111 00:06:08,839 --> 00:06:12,640 Speaker 5: Don't know why. That's definitely not good parenting. 112 00:06:15,320 --> 00:06:18,400 Speaker 1: Mike's and Melanie's dad was also pretty absent. You work 113 00:06:18,520 --> 00:06:20,640 Speaker 1: nights at the Ford motor plant, and so Mike and 114 00:06:20,680 --> 00:06:23,760 Speaker 1: his sisters rarely saw him home. Melanie says her mom 115 00:06:23,839 --> 00:06:25,880 Speaker 1: was really the one who raised them and took care 116 00:06:25,880 --> 00:06:26,240 Speaker 1: of them. 117 00:06:26,600 --> 00:06:28,080 Speaker 6: She was the one going to all of our games 118 00:06:28,120 --> 00:06:31,159 Speaker 6: and all our school functions and Mike's. 119 00:06:30,720 --> 00:06:32,920 Speaker 5: And all of ours. You know, our dad never went. 120 00:06:33,440 --> 00:06:34,839 Speaker 6: You know, he could have went to days if he 121 00:06:34,839 --> 00:06:37,240 Speaker 6: really wanted to spend time with his family, I'm sure. 122 00:06:36,960 --> 00:06:39,880 Speaker 5: But he always just chose to work nights at Ford. 123 00:06:40,960 --> 00:06:43,159 Speaker 6: I wish we were okay with because honestly, we didn't 124 00:06:43,160 --> 00:06:45,320 Speaker 6: like him being around anyway, because he was always cranky 125 00:06:45,480 --> 00:06:46,640 Speaker 6: and he always had the TV. 126 00:06:46,839 --> 00:06:49,839 Speaker 5: So that's when we were kids, like a dad's gonna 127 00:06:49,880 --> 00:06:50,159 Speaker 5: be home. 128 00:06:50,600 --> 00:06:52,960 Speaker 6: Great. Now we're gonna have to leave for the whole 129 00:06:53,000 --> 00:06:54,800 Speaker 6: weekend because nobody wants to be around. 130 00:06:56,520 --> 00:06:59,480 Speaker 1: Mike's parents divorced when he was young. His mom did 131 00:06:59,520 --> 00:07:00,640 Speaker 1: not hide the reason why. 132 00:07:01,160 --> 00:07:06,400 Speaker 4: I guess she recorded the phone conversation with him and 133 00:07:06,640 --> 00:07:11,080 Speaker 4: another woman, and my mom played it for me and 134 00:07:11,160 --> 00:07:14,040 Speaker 4: both my sisters, and she said, this is why I'm 135 00:07:14,080 --> 00:07:18,600 Speaker 4: leaving your father. And we asked him and he denied it, 136 00:07:18,680 --> 00:07:22,440 Speaker 4: and he united that was even him on the line, 137 00:07:22,880 --> 00:07:25,239 Speaker 4: And I think it was that moment and I realized 138 00:07:25,240 --> 00:07:27,240 Speaker 4: that he probably wasn't who I thought he was. 139 00:07:30,880 --> 00:07:33,360 Speaker 1: It was around this time as a pre team that 140 00:07:33,440 --> 00:07:34,640 Speaker 1: Mike started acting out. 141 00:07:35,320 --> 00:07:39,600 Speaker 4: I kind of used the divorce and my parents' separation 142 00:07:39,760 --> 00:07:43,640 Speaker 4: as a crush as far as my bad behavior. I 143 00:07:43,640 --> 00:07:45,640 Speaker 4: would always turn to that and be like, well, it's 144 00:07:45,680 --> 00:07:49,960 Speaker 4: their fault because they're getting divorced and now, and people 145 00:07:50,040 --> 00:07:53,200 Speaker 4: sympathize with it. So it kind of helped me getting 146 00:07:53,240 --> 00:07:55,480 Speaker 4: out of getting getting into trouble with this kind of 147 00:07:55,960 --> 00:07:58,480 Speaker 4: maybe feel like that I can, you know, be as 148 00:07:58,520 --> 00:08:01,120 Speaker 4: mischievous as I was. I wanted to be really. 149 00:08:01,240 --> 00:08:02,560 Speaker 1: So what kinds of things would you do? 150 00:08:04,200 --> 00:08:08,440 Speaker 4: Well? I, you know, we we said a lot of fires, 151 00:08:09,160 --> 00:08:13,120 Speaker 4: me and my friends. I became somewhat of a bully 152 00:08:13,120 --> 00:08:17,440 Speaker 4: as school. I remember once we does It's truck, We 153 00:08:17,680 --> 00:08:21,960 Speaker 4: throw oranges and natos and we stomped on on the 154 00:08:21,960 --> 00:08:25,120 Speaker 4: hood of it and hit it with golf clubs and 155 00:08:25,120 --> 00:08:29,920 Speaker 4: baseball bats, and I ended up stealing CDs and like Walmart. 156 00:08:30,280 --> 00:08:32,800 Speaker 4: That was about the extent of bad behavior. 157 00:08:34,040 --> 00:08:37,160 Speaker 1: And not only did Mike's bad behavior escalate during the divorce, 158 00:08:37,840 --> 00:08:39,680 Speaker 1: but so did his father, Ed's behavior. 159 00:08:40,840 --> 00:08:44,400 Speaker 6: I remember a few violent arguments where they would throw 160 00:08:44,520 --> 00:08:46,559 Speaker 6: like pops and pans at each other and stuff like that. 161 00:08:46,880 --> 00:08:48,880 Speaker 5: It only happened like twice that I remember when I 162 00:08:48,920 --> 00:08:49,520 Speaker 5: was young. 163 00:08:50,440 --> 00:08:54,280 Speaker 6: But as we got older, we only really witnessed like 164 00:08:54,360 --> 00:09:01,520 Speaker 6: the yelling, the arguments. Mike unfortunately ain't got to witness 165 00:09:01,760 --> 00:09:02,840 Speaker 6: the actual violence. 166 00:09:03,520 --> 00:09:06,120 Speaker 4: I remember specifically they were arguing over a sunflower clock 167 00:09:06,160 --> 00:09:09,640 Speaker 4: and a coworker gaze to her that he wouldn't let 168 00:09:09,679 --> 00:09:14,400 Speaker 4: her have it, and the argument became thumps, and I 169 00:09:14,440 --> 00:09:16,400 Speaker 4: grabbed the baseball back to my room. I ran out 170 00:09:16,400 --> 00:09:19,040 Speaker 4: of my room. They were in the living room. He 171 00:09:19,080 --> 00:09:20,679 Speaker 4: was on top of her. I told him to get 172 00:09:20,720 --> 00:09:24,959 Speaker 4: off of her. He did, and my mom got up 173 00:09:26,240 --> 00:09:28,960 Speaker 4: and as we were leaving, she grabbed a picture of 174 00:09:29,040 --> 00:09:32,040 Speaker 4: his girlfriend and off the wall. Food on ground, stopped 175 00:09:32,080 --> 00:09:37,160 Speaker 4: on and we left, throwing her divorce proceedings. I actually 176 00:09:37,240 --> 00:09:42,960 Speaker 4: testified against my father without this incident. It was those 177 00:09:43,000 --> 00:09:45,800 Speaker 4: moments like that It pushed me further away from my 178 00:09:45,840 --> 00:09:53,880 Speaker 4: father right And it's those moments that I remember that 179 00:09:54,040 --> 00:09:55,720 Speaker 4: take me back to when I see my mother burn 180 00:09:55,760 --> 00:09:59,760 Speaker 4: it on the floor, it's easy for me to come 181 00:09:59,760 --> 00:10:01,880 Speaker 4: to the conclusion who's responsible for. 182 00:10:09,720 --> 00:10:12,760 Speaker 1: On December fourth, nineteen ninety eight, Mike's mom, Rita, went 183 00:10:12,760 --> 00:10:15,560 Speaker 1: out with her friends. One of her friends remembers fourteen 184 00:10:15,600 --> 00:10:18,520 Speaker 1: year old Mike calling and saying he was hungry, so 185 00:10:18,600 --> 00:10:21,640 Speaker 1: on her way home around eleven thirty pm, Rita stopped 186 00:10:21,640 --> 00:10:24,880 Speaker 1: to get subway sandwiches. Mike had invited his friend Josh 187 00:10:24,920 --> 00:10:27,160 Speaker 1: to stay over that night. While the boys waited for 188 00:10:27,280 --> 00:10:30,360 Speaker 1: Rita to come home. With food, boys being boys, they 189 00:10:30,400 --> 00:10:34,040 Speaker 1: went and burned railroad ties on the railroad tracks near 190 00:10:34,200 --> 00:10:38,520 Speaker 1: the house. Shortly after midnight, Rita got home soon after 191 00:10:38,559 --> 00:10:42,160 Speaker 1: the boys ate. They all went to bed. Mike's sister, Melanie, 192 00:10:42,200 --> 00:10:44,200 Speaker 1: was twenty one at the time and she also lived 193 00:10:44,200 --> 00:10:46,240 Speaker 1: in the trailer, but she was over at a friend's 194 00:10:46,280 --> 00:10:51,280 Speaker 1: house that night. In the early hours of December fifth, 195 00:10:51,280 --> 00:10:54,520 Speaker 1: as light was just beginning to appear, Mike woke to 196 00:10:54,559 --> 00:10:55,440 Speaker 1: the smell of smoke. 197 00:10:56,000 --> 00:10:58,720 Speaker 4: And I woke up and either I smelled or I 198 00:10:58,720 --> 00:11:02,480 Speaker 4: seemed smoked, and I looked down at Josh and smoking 199 00:11:02,480 --> 00:11:03,199 Speaker 4: a cigarette. 200 00:11:03,559 --> 00:11:06,600 Speaker 1: Josh was not At this point, the trailer was filling 201 00:11:06,720 --> 00:11:08,920 Speaker 1: with smoke and they had to get out. Mike and 202 00:11:09,000 --> 00:11:11,960 Speaker 1: Josh crawled to escape. On the way, Mike stopped at 203 00:11:11,960 --> 00:11:14,800 Speaker 1: his mom's room to check on her. To his horror, 204 00:11:14,960 --> 00:11:17,760 Speaker 1: he found Rita burning on the ground. She was face up, 205 00:11:18,000 --> 00:11:20,840 Speaker 1: her legs spread open, and was only wearing a pair 206 00:11:20,880 --> 00:11:25,200 Speaker 1: of underwear. Mike and Josh both ran out of the house, 207 00:11:25,760 --> 00:11:28,040 Speaker 1: Josh to the neighbors and Mike to get the hose. 208 00:11:28,480 --> 00:11:32,440 Speaker 1: Around six thirty am, police and first responders arrived to 209 00:11:32,520 --> 00:11:35,959 Speaker 1: the ghastly scene. Rita's body was burned from her pubic 210 00:11:36,000 --> 00:11:44,599 Speaker 1: region to her head. Immediately, Mike and Josh were separated 211 00:11:44,640 --> 00:11:48,479 Speaker 1: into different squad cars and taken to the station for questioning. 212 00:11:48,960 --> 00:11:51,040 Speaker 1: Detective Kurt Davis took. 213 00:11:50,880 --> 00:11:55,520 Speaker 4: Mike when he was transporting me from my home to 214 00:11:55,640 --> 00:11:58,559 Speaker 4: the Stares forman that morning. I asked him if he's 215 00:11:58,559 --> 00:12:00,160 Speaker 4: gonna be able to find out half of my mom. 216 00:12:01,440 --> 00:12:05,120 Speaker 4: He says, what do you mean, what happened to your mom? Well, well, 217 00:12:05,120 --> 00:12:06,880 Speaker 4: what happened like if vers throw was cuttered somewhere, you 218 00:12:06,920 --> 00:12:07,800 Speaker 4: guys wanna be able to tell that. 219 00:12:08,520 --> 00:12:12,560 Speaker 1: This conversation was later used against Mike in court, and they. 220 00:12:12,480 --> 00:12:15,640 Speaker 4: Used that as an indication that I was concerned that 221 00:12:15,720 --> 00:12:18,319 Speaker 4: they were going to find out, but I did right. 222 00:12:18,679 --> 00:12:21,959 Speaker 4: Instead of being a concern fourteen year old kid who 223 00:12:22,040 --> 00:12:23,959 Speaker 4: just witness a horrible thing. 224 00:12:31,800 --> 00:12:36,360 Speaker 1: This episode is underwritten by AIG, a leading global insurance company. 225 00:12:36,559 --> 00:12:40,720 Speaker 1: AIG is committed to corporate social responsibility and to making 226 00:12:40,800 --> 00:12:43,800 Speaker 1: a positive difference in the lives of its employees and 227 00:12:43,960 --> 00:12:46,840 Speaker 1: in the communities where we work and live. In light 228 00:12:46,920 --> 00:12:50,600 Speaker 1: of the compelling need for pro bono legal assistance, and 229 00:12:50,640 --> 00:12:55,280 Speaker 1: in recognition of AIG's commitment to criminal and social justice reform, 230 00:12:55,520 --> 00:12:59,680 Speaker 1: the AIG pro Bono Program provides free legal services and 231 00:12:59,760 --> 00:13:03,839 Speaker 1: all support to underrepresented communities and individuals. 232 00:13:09,160 --> 00:13:13,840 Speaker 7: Mike essentially became the prime suspect within moments of this crime. 233 00:13:14,480 --> 00:13:16,480 Speaker 1: This is making Crane. She's the co director of the 234 00:13:16,520 --> 00:13:20,280 Speaker 1: Missouri office of the MacArthur Justice Center, a civil rights organization, 235 00:13:20,800 --> 00:13:24,280 Speaker 1: and she thinks Mike immediately became a suspect because of 236 00:13:24,320 --> 00:13:26,400 Speaker 1: presumptions around the circumstances. 237 00:13:26,679 --> 00:13:29,240 Speaker 7: I mean, I think the basic premise probably was that 238 00:13:29,280 --> 00:13:31,840 Speaker 7: he was the only family member home at the time, 239 00:13:31,880 --> 00:13:34,840 Speaker 7: and in arson cases, that is the first person who's 240 00:13:34,840 --> 00:13:37,360 Speaker 7: looked at who else was in the home, particularly if 241 00:13:37,400 --> 00:13:41,080 Speaker 7: it's a family member who survived the fire. So he's 242 00:13:41,559 --> 00:13:45,280 Speaker 7: already under the spotlight for that fact. But for there 243 00:13:45,360 --> 00:13:50,480 Speaker 7: things quickly spiraled out of control because the police mischaracterized him. 244 00:13:50,960 --> 00:13:55,200 Speaker 7: They saw this kid who was traumatized, shocked, and they 245 00:13:55,240 --> 00:13:59,920 Speaker 7: misjudged all of his reactions his behaviors as evidence of guilt, 246 00:14:00,080 --> 00:14:02,640 Speaker 7: as evidence of a lack of remorse, as evidence of 247 00:14:02,679 --> 00:14:07,199 Speaker 7: a cold blooded killer, rather than evidence of adolescent behavior, 248 00:14:07,400 --> 00:14:10,199 Speaker 7: which research proves is common to all kids his age, 249 00:14:10,600 --> 00:14:11,840 Speaker 7: and evidence of trauma. 250 00:14:13,440 --> 00:14:16,440 Speaker 8: So after the police picked you up, they pretty quickly 251 00:14:18,000 --> 00:14:20,720 Speaker 8: homed in on you, and you were arrested very quickly. 252 00:14:21,520 --> 00:14:24,520 Speaker 8: What was going through your head? You know when you're 253 00:14:24,560 --> 00:14:25,600 Speaker 8: in this interrogation. 254 00:14:27,120 --> 00:14:30,960 Speaker 4: The interrogations were very intense. There was on occasions there 255 00:14:31,040 --> 00:14:38,120 Speaker 4: was multiple interrogators. There was a fire marshal, there was 256 00:14:39,360 --> 00:14:44,480 Speaker 4: Kerk Davis, who was the lead detective, and then also 257 00:14:45,600 --> 00:14:47,400 Speaker 4: the juvenile officers who were supposed to be there to 258 00:14:47,440 --> 00:14:50,600 Speaker 4: protect me and Josh's right. We're also asking in questions. 259 00:14:51,480 --> 00:14:54,800 Speaker 4: They used the same mind up questions over and over 260 00:14:54,800 --> 00:14:57,840 Speaker 4: and over. I related the same set of facts over 261 00:14:57,840 --> 00:14:58,440 Speaker 4: and over and over. 262 00:14:58,600 --> 00:15:00,680 Speaker 5: So tell me, like, what were they what are they asking? 263 00:15:00,720 --> 00:15:02,040 Speaker 5: They repeatedly, Hey. 264 00:15:02,400 --> 00:15:04,040 Speaker 4: They were asking what happened? 265 00:15:04,280 --> 00:15:04,600 Speaker 1: Thank me? 266 00:15:04,680 --> 00:15:10,320 Speaker 4: Through the day before that evening that morning, and it 267 00:15:10,400 --> 00:15:14,440 Speaker 4: became it became a point where they were trying to 268 00:15:14,480 --> 00:15:18,640 Speaker 4: convince me right that I've done something, and I know 269 00:15:18,720 --> 00:15:19,640 Speaker 4: that I didn't do anything. 270 00:15:20,520 --> 00:15:22,840 Speaker 1: Mike says, every time he got to the park where 271 00:15:22,840 --> 00:15:25,120 Speaker 1: he woke up and found his mom, they would tell 272 00:15:25,160 --> 00:15:28,040 Speaker 1: him he was missing a big gap and ask him 273 00:15:28,400 --> 00:15:31,200 Speaker 1: what happened between the time he went to sleep and 274 00:15:31,240 --> 00:15:34,480 Speaker 1: when he woke up and found his mom. Tell it again, 275 00:15:35,120 --> 00:15:36,320 Speaker 1: over and over. 276 00:15:37,120 --> 00:15:42,920 Speaker 4: It went for hours, and my understanding, they treated Josh 277 00:15:42,920 --> 00:15:46,000 Speaker 4: the same way, and they would they would tell me 278 00:15:46,040 --> 00:15:48,480 Speaker 4: that he's telling on me, and they would tell him 279 00:15:48,480 --> 00:15:52,440 Speaker 4: that I'm telling on him, tactics that shouldn't be used 280 00:15:53,400 --> 00:15:57,960 Speaker 4: on juveniles, on children, for sure, but they completely ignored 281 00:15:58,960 --> 00:16:05,040 Speaker 4: the fact that statements never changed. And throughout all these interrogations, 282 00:16:05,320 --> 00:16:08,720 Speaker 4: there's twenty six consistencies between our statements, and that doesn't 283 00:16:08,760 --> 00:16:11,960 Speaker 4: happen of two kids that are lying about something. We're 284 00:16:11,960 --> 00:16:15,480 Speaker 4: trying to hide something, right, And they completely ignored all 285 00:16:15,520 --> 00:16:16,320 Speaker 4: of this information. 286 00:16:22,360 --> 00:16:25,520 Speaker 1: Back at the crime scene, officer Tammy Bellfield had arrived 287 00:16:25,840 --> 00:16:29,760 Speaker 1: and almost immediately was told by Sheriff Ron Skyles that 288 00:16:29,800 --> 00:16:33,560 Speaker 1: a woman had intentionally been set on fire. Fire Investigator 289 00:16:33,640 --> 00:16:37,160 Speaker 1: Jim Holdman had concluded without any testing that a fire 290 00:16:37,280 --> 00:16:40,840 Speaker 1: accelerant had been poured on Rita. The autopsy also determined 291 00:16:40,840 --> 00:16:44,520 Speaker 1: that Rita had died of carbon monoxide poisoning and sustained 292 00:16:44,600 --> 00:16:49,080 Speaker 1: blunt force trauma to her head. Two baseball bats, a 293 00:16:49,120 --> 00:16:52,560 Speaker 1: fire poker, and a mag light flashlight were collected to 294 00:16:52,640 --> 00:16:55,080 Speaker 1: see if one was the weapon used to hit Rita, 295 00:16:55,200 --> 00:16:58,880 Speaker 1: but when tested later, these items returned no results. 296 00:16:59,280 --> 00:17:00,800 Speaker 2: I mean, what was going through your head where you 297 00:17:00,800 --> 00:17:02,840 Speaker 2: were like, this isn't real, Like what were you thinking? 298 00:17:02,880 --> 00:17:03,920 Speaker 5: You're like a little boy. 299 00:17:05,880 --> 00:17:08,919 Speaker 4: I was in a pack. I was in a panic, 300 00:17:09,560 --> 00:17:15,040 Speaker 4: but yet I was still aware that I didn't do 301 00:17:15,119 --> 00:17:18,440 Speaker 4: what they're saying that I get and I stuck to that, 302 00:17:19,320 --> 00:17:21,320 Speaker 4: even though I was in a panic, even though they 303 00:17:21,320 --> 00:17:23,760 Speaker 4: were threatened me with life in prison, and you know 304 00:17:23,800 --> 00:17:27,200 Speaker 4: what happened to kids to go to prison. I never 305 00:17:27,400 --> 00:17:29,040 Speaker 4: wavered from anything that I ever said. 306 00:17:30,040 --> 00:17:32,359 Speaker 1: Because Mike was a juvenile at the time, a juvenile 307 00:17:32,400 --> 00:17:35,840 Speaker 1: officer was present during this interrogation and his dad, Ed 308 00:17:36,000 --> 00:17:38,040 Speaker 1: was called in to be with him since Mike couldn't 309 00:17:38,040 --> 00:17:41,960 Speaker 1: be questioned alone. But Megan says Mike really did lack 310 00:17:42,080 --> 00:17:43,480 Speaker 1: critical support. 311 00:17:43,800 --> 00:17:46,520 Speaker 7: He did not have an attorney present. The people that 312 00:17:46,640 --> 00:17:50,200 Speaker 7: were there, I guess to arguably protect his rights. Were 313 00:17:50,240 --> 00:17:53,520 Speaker 7: one a juvenile officer who was there for some of 314 00:17:53,560 --> 00:17:57,159 Speaker 7: the interrogation, But it's the record makes clear that this 315 00:17:57,280 --> 00:18:01,600 Speaker 7: juvenile officer acted essentially as another interrogator, not in any 316 00:18:01,600 --> 00:18:05,080 Speaker 7: way as a protector of his rights. And Mike's dad, 317 00:18:05,640 --> 00:18:10,680 Speaker 7: who was indisputably at that point, the other prime suspect 318 00:18:10,720 --> 00:18:12,840 Speaker 7: in this case, So he had a clear conflict of 319 00:18:12,880 --> 00:18:16,480 Speaker 7: interest in that interrogation room and was not an adequate 320 00:18:16,560 --> 00:18:18,040 Speaker 7: protective figure for Mike. 321 00:18:18,800 --> 00:18:22,480 Speaker 1: Which seems obvious given Ed's nasty, violent divorce from Rita, 322 00:18:22,840 --> 00:18:25,679 Speaker 1: but law enforcement didn't seem to consider this, nor did 323 00:18:25,720 --> 00:18:29,560 Speaker 1: they consider how his presence might impact Mike, and in fact, 324 00:18:30,040 --> 00:18:33,320 Speaker 1: Mike was uncomfortable answering questions with Ed in the room. 325 00:18:34,280 --> 00:18:36,679 Speaker 4: When they were interrogating me, they asked me who you know? 326 00:18:36,720 --> 00:18:39,399 Speaker 4: Who do you think heard of your mother? My father 327 00:18:39,520 --> 00:18:44,280 Speaker 4: was like right beside me during these interrogations, and Karkas 328 00:18:44,359 --> 00:18:46,720 Speaker 4: asked me, do you want let me ask your father's stepfather? 329 00:18:46,760 --> 00:18:50,040 Speaker 4: I said yeah, And then at that point that's when 330 00:18:50,040 --> 00:18:53,240 Speaker 4: he said, is your father responsible for what have I 331 00:18:53,280 --> 00:18:56,000 Speaker 4: said yes, he said did you see him? I said no? 332 00:18:57,119 --> 00:18:58,480 Speaker 4: He said Did you hear anything? I said no, I 333 00:18:58,480 --> 00:19:00,480 Speaker 4: did't hear anything. I didn't see anything. But he's the 334 00:19:00,520 --> 00:19:02,639 Speaker 4: only one that I know that would hate her that 335 00:19:02,760 --> 00:19:06,240 Speaker 4: much to do that to her. And what I've seen 336 00:19:06,359 --> 00:19:08,240 Speaker 4: was evil, it was hatred. 337 00:19:13,680 --> 00:19:17,960 Speaker 1: But the cops didn't listen. Mike was interrogated for two days, 338 00:19:18,280 --> 00:19:20,359 Speaker 1: and during that time he was also hooked up to 339 00:19:20,440 --> 00:19:25,600 Speaker 1: a CVSA, a computer voice stress analysis test, which is 340 00:19:25,640 --> 00:19:29,199 Speaker 1: different from a lie detector test. This test supposedly to 341 00:19:29,320 --> 00:19:33,080 Speaker 1: text deception by measuring stress levels in the voice. 342 00:19:33,520 --> 00:19:36,119 Speaker 4: They hooked the microphone up to my other shirt and 343 00:19:36,240 --> 00:19:40,320 Speaker 4: put some on my finger, and they asked me. I 344 00:19:40,320 --> 00:19:42,840 Speaker 4: think it was like five basic questions. Did you murder 345 00:19:42,840 --> 00:19:45,720 Speaker 4: your mother? I said no. Do you know anybody I 346 00:19:45,760 --> 00:19:49,720 Speaker 4: want to hurt your mother? I said no. Did you 347 00:19:49,760 --> 00:19:54,640 Speaker 4: hear anybody? Did you hear anything? I said no. And 348 00:19:54,680 --> 00:19:57,000 Speaker 4: it may have been one or two more I can't remember, 349 00:19:58,080 --> 00:20:01,280 Speaker 4: But ultimately they told me that are true. 350 00:20:01,640 --> 00:20:04,199 Speaker 1: Meaning that the test showed he was lying. And we 351 00:20:04,240 --> 00:20:07,320 Speaker 1: can't corroborate whether Mike failed this stress test since we 352 00:20:07,400 --> 00:20:10,880 Speaker 1: don't have those results ourselves. Not that it really matters, though, 353 00:20:10,960 --> 00:20:14,080 Speaker 1: because these voice stress tests, which were frequently used by 354 00:20:14,119 --> 00:20:17,840 Speaker 1: law enforcement during the nineties have since been determined to 355 00:20:17,960 --> 00:20:22,159 Speaker 1: be wholly unreliable, and even if they were reliable, it 356 00:20:22,160 --> 00:20:25,440 Speaker 1: would have been no surprise that Mike had failed. Because 357 00:20:25,480 --> 00:20:27,719 Speaker 1: what we do know is that Mike was a fourteen 358 00:20:27,760 --> 00:20:32,000 Speaker 1: year old boy distraught after finding his mom brutally murdered, 359 00:20:32,320 --> 00:20:36,359 Speaker 1: that Mike's interrogations were not recorded, and that police officers 360 00:20:36,560 --> 00:20:40,400 Speaker 1: did not properly look into Ed as a suspect. 361 00:20:41,000 --> 00:20:43,160 Speaker 7: They think we can build a case against this kid. 362 00:20:43,720 --> 00:20:47,680 Speaker 7: Ed was a savvier suspect, and he arguably had an alibi. 363 00:20:48,200 --> 00:20:51,560 Speaker 7: They did some investigation into him, not much, but the 364 00:20:51,600 --> 00:20:55,040 Speaker 7: investigation they did do had more hurdles than their case 365 00:20:55,080 --> 00:20:57,200 Speaker 7: they were building against Mike, So I think they went 366 00:20:57,240 --> 00:21:00,800 Speaker 7: with the easier target, the easier case to build. Ed 367 00:21:00,880 --> 00:21:04,040 Speaker 7: supposedly had this alibi that he was at work, but 368 00:21:04,080 --> 00:21:07,480 Speaker 7: there are no time cards from Ford Motor Company proving 369 00:21:07,520 --> 00:21:11,280 Speaker 7: that Ed was not held accountable to be there at 370 00:21:11,320 --> 00:21:14,000 Speaker 7: all times, and even if he left at the time 371 00:21:14,280 --> 00:21:17,720 Speaker 7: that his shift supposedly ended, there still was time to 372 00:21:17,920 --> 00:21:21,239 Speaker 7: make that drive to Hope Well and back, so his 373 00:21:21,280 --> 00:21:22,800 Speaker 7: alibi was never rock solid. 374 00:21:26,560 --> 00:21:29,240 Speaker 1: On December seventh, Mike was arrested for the murder of 375 00:21:29,280 --> 00:21:30,600 Speaker 1: his mother, Rita Polle. 376 00:21:31,240 --> 00:21:35,240 Speaker 7: They arrest him on his lack of emotion and suspicious 377 00:21:35,280 --> 00:21:37,840 Speaker 7: reaction to his mother's death. 378 00:21:39,240 --> 00:21:42,600 Speaker 1: When Mike was arrested, laboratory testing on the items collected 379 00:21:42,920 --> 00:21:46,800 Speaker 1: the baseball, bats, flashlight, and poker had not yet returned results, 380 00:21:47,240 --> 00:21:50,960 Speaker 1: and after the testing was ultimately completed, nothing pointed to 381 00:21:51,040 --> 00:21:52,840 Speaker 1: Accelerant as the fire starter. 382 00:21:54,160 --> 00:21:59,080 Speaker 4: And I woke up my entire wolvers just gone. I 383 00:21:59,160 --> 00:22:04,160 Speaker 4: lost my murder, I lost my sisters, I lost myself, 384 00:22:05,200 --> 00:22:07,720 Speaker 4: like everything was everything was gone. 385 00:22:09,280 --> 00:22:12,479 Speaker 1: So had you guys ever thought about wrongful convictions before? 386 00:22:12,520 --> 00:22:12,600 Speaker 9: Like? 387 00:22:12,720 --> 00:22:17,520 Speaker 6: Was that something that never never, never even thought our 388 00:22:18,400 --> 00:22:20,960 Speaker 6: never crossed our mind that something like that happened. 389 00:22:21,600 --> 00:22:26,639 Speaker 5: No, never what I've ever thought the wrongful convictions happened until. 390 00:22:28,119 --> 00:22:31,680 Speaker 6: Until they really did, like arrest them and take them 391 00:22:31,680 --> 00:22:33,000 Speaker 6: to jail and let him out. 392 00:22:39,960 --> 00:22:42,960 Speaker 1: Mike was sent to a juvenile detention facility to await trial. 393 00:22:43,440 --> 00:22:45,960 Speaker 1: Three days after the murder, a hearing was held to 394 00:22:46,000 --> 00:22:49,280 Speaker 1: determine whether to keep Mike detained, and despite the court 395 00:22:49,359 --> 00:22:52,879 Speaker 1: concluding the case was thin and circumstantial at best, Mike 396 00:22:53,240 --> 00:22:54,320 Speaker 1: remained in custody. 397 00:22:56,160 --> 00:23:00,080 Speaker 4: And it felt like it felt like no one. It 398 00:23:00,160 --> 00:23:01,800 Speaker 4: felt like the only person that would have helped me 399 00:23:01,800 --> 00:23:07,800 Speaker 4: in that situation was my mother. Yeah, she was on 400 00:23:07,920 --> 00:23:12,760 Speaker 4: long with us. So with that, I mean I was. 401 00:23:12,960 --> 00:23:19,119 Speaker 4: I felt completely alone, completely isolated, completely vulnerable, and I 402 00:23:19,119 --> 00:23:20,200 Speaker 4: didn't know how to handle it. 403 00:23:21,320 --> 00:23:25,080 Speaker 1: Exactly one month after his arrest, Mike attempted suicide. 404 00:23:25,480 --> 00:23:27,760 Speaker 4: I was having I was having problems adjusting to it 405 00:23:27,840 --> 00:23:32,280 Speaker 4: and the handling it, and I had enough, I guess, 406 00:23:32,280 --> 00:23:37,720 Speaker 4: and I tried to I tried to hang myself and myself. 407 00:23:38,440 --> 00:23:40,760 Speaker 1: Mike tied a sheet to the vent and hung himself 408 00:23:40,800 --> 00:23:45,640 Speaker 1: from it. Fortunately a guard walked by and saved his life. 409 00:23:53,119 --> 00:23:56,160 Speaker 1: Melanie recalls how her little brother looked when he was arrested. 410 00:23:56,920 --> 00:23:58,560 Speaker 5: Just looking at him, you could tell he could not 411 00:23:58,760 --> 00:24:00,920 Speaker 5: inflict that kind of damn. I'm a john up person. 412 00:24:01,840 --> 00:24:04,560 Speaker 5: He just was a small boy. He was about my. 413 00:24:04,600 --> 00:24:06,720 Speaker 6: Size I am now because I used to wear his clothes, 414 00:24:07,520 --> 00:24:09,680 Speaker 6: and I actually have a pair of his genes from 415 00:24:09,680 --> 00:24:10,040 Speaker 6: back then. 416 00:24:10,200 --> 00:24:12,120 Speaker 5: I just put on the other day and they still fit. 417 00:24:13,200 --> 00:24:15,480 Speaker 1: But by the time his trial started in January of 418 00:24:15,560 --> 00:24:18,560 Speaker 1: two thousand and two, Mike was eighteen years old, four 419 00:24:18,640 --> 00:24:23,119 Speaker 1: years older, four inches taller at thirty pounds, heavier, he 420 00:24:23,160 --> 00:24:27,480 Speaker 1: no longer looked like a little boy. The prosecutors were 421 00:24:27,520 --> 00:24:31,439 Speaker 1: Richard Hicks, Assistant Attorney General of Jefferson City, Missouri, and 422 00:24:31,520 --> 00:24:36,160 Speaker 1: John Rupp, prosecuting attorney for Washington County, Missouri. The state 423 00:24:36,240 --> 00:24:40,000 Speaker 1: called seventeen witnesses, which is a lot, but they presented 424 00:24:40,040 --> 00:24:44,480 Speaker 1: no real evidence. Only the alleged accelerant. Police claimed dogs 425 00:24:44,480 --> 00:24:47,959 Speaker 1: had smelled on my shoes, but which remember, the lab 426 00:24:48,119 --> 00:24:52,960 Speaker 1: never actually found. Before trial, the prosecution actually offered Mike 427 00:24:53,040 --> 00:24:57,200 Speaker 1: a plea deal to confess fifteen years for manslaughter. He 428 00:24:57,240 --> 00:25:01,280 Speaker 1: would have been out by twenty seventeen. Did you ever 429 00:25:01,400 --> 00:25:02,240 Speaker 1: consider taking that? 430 00:25:02,840 --> 00:25:04,880 Speaker 4: No, never, I never considered it. 431 00:25:05,320 --> 00:25:06,480 Speaker 1: Do you wish you had taken it? 432 00:25:07,080 --> 00:25:10,640 Speaker 4: Absolutely not. I'm not going to put guilty somebody in there, 433 00:25:11,200 --> 00:25:15,920 Speaker 4: especially especially if it denies my mother justice. 434 00:25:16,400 --> 00:25:18,959 Speaker 7: All of us have a breaking point when subjected to 435 00:25:19,000 --> 00:25:23,000 Speaker 7: these course of interigation tactics, especially kids. But Mike was 436 00:25:23,119 --> 00:25:25,040 Speaker 7: desperate to know what had happened to his mom, so 437 00:25:25,119 --> 00:25:29,720 Speaker 7: he did withstand this coercion over days, and he never confessed. 438 00:25:30,760 --> 00:25:33,800 Speaker 4: Now, I would rather do this for her and ultimately 439 00:25:33,800 --> 00:25:37,879 Speaker 4: win in the end and make the Sheriff's department and 440 00:25:38,000 --> 00:25:41,920 Speaker 4: prosecutor's office prosecute the people that responsible for what would 441 00:25:41,920 --> 00:25:42,320 Speaker 4: happened here. 442 00:25:45,560 --> 00:25:49,000 Speaker 1: But even with the prosecution's weak evidence, Mike's defense was 443 00:25:49,080 --> 00:25:52,200 Speaker 1: even weaker. They only called three witnesses, and they did 444 00:25:52,240 --> 00:25:55,240 Speaker 1: not have an expert who could challenge the state's experts. 445 00:25:55,840 --> 00:25:59,440 Speaker 1: The trial lasted three days, and after four hours of deliberation, 446 00:26:00,080 --> 00:26:03,600 Speaker 1: on April nineteenth, two thousand and two, Mike was convicted 447 00:26:03,680 --> 00:26:06,560 Speaker 1: of second degree murder and sentenced to life in prison. 448 00:26:18,320 --> 00:26:20,800 Speaker 1: During his first four years in prison, Mike kept in 449 00:26:20,840 --> 00:26:24,080 Speaker 1: touch with his father ed despite believing that he was 450 00:26:24,119 --> 00:26:27,440 Speaker 1: the one responsible for his mother's murder. Do you think 451 00:26:27,560 --> 00:26:30,399 Speaker 1: that your dad intentionally tried to frame you. 452 00:26:31,920 --> 00:26:37,840 Speaker 4: That's a hard question. The part of me, the part 453 00:26:37,880 --> 00:26:41,040 Speaker 4: of me wants to say yes, right. Another part of 454 00:26:41,040 --> 00:26:42,720 Speaker 4: me wants to think that he just got so lucky 455 00:26:44,320 --> 00:26:48,159 Speaker 4: with the inconfidence of the Washington guys Chaff's department, that 456 00:26:48,200 --> 00:26:51,280 Speaker 4: he just it just happened that way. It was well 457 00:26:51,320 --> 00:26:56,359 Speaker 4: known that I've played with fire as a kid, and 458 00:26:57,840 --> 00:27:02,359 Speaker 4: fire was used to ultimately murder my mother. I can 459 00:27:02,440 --> 00:27:04,200 Speaker 4: say that he never helped me. He never tried to 460 00:27:04,240 --> 00:27:09,000 Speaker 4: help me. I can's that's just one He's never tried 461 00:27:09,040 --> 00:27:09,399 Speaker 4: to help me. 462 00:27:10,440 --> 00:27:13,679 Speaker 1: Yet, after Mike's direct appeal was denied, Ed told his 463 00:27:13,720 --> 00:27:15,879 Speaker 1: son he was going to help him. In two thousand 464 00:27:15,880 --> 00:27:18,320 Speaker 1: and five, he told Mike that he'd hired an attorney 465 00:27:18,480 --> 00:27:19,880 Speaker 1: to help with his next appeal. 466 00:27:20,720 --> 00:27:23,040 Speaker 7: He kept reaching out to the attorney, never hearing back, 467 00:27:23,119 --> 00:27:25,840 Speaker 7: never hearing back. Finally he got a friend to call 468 00:27:25,880 --> 00:27:29,000 Speaker 7: the attorney's office, and that's when the attorney said, I 469 00:27:29,040 --> 00:27:31,000 Speaker 7: haven't responded to you because we don't have an attorney 470 00:27:31,000 --> 00:27:34,200 Speaker 7: client relationship. I'm not your attorney any longer. And that's 471 00:27:34,240 --> 00:27:36,640 Speaker 7: when Mike learned his father had lied to him. He'd 472 00:27:36,680 --> 00:27:39,199 Speaker 7: never paid this attorney or even asked him if he 473 00:27:39,240 --> 00:27:42,479 Speaker 7: would be willing to file this post conviction petition. And 474 00:27:42,520 --> 00:27:44,760 Speaker 7: that's the last time Mike and his father have ever 475 00:27:44,840 --> 00:27:48,320 Speaker 7: ever spoke, and his sisters have not spoken to their 476 00:27:48,359 --> 00:27:49,720 Speaker 7: father since then either. 477 00:27:50,280 --> 00:27:51,960 Speaker 1: This devastated Mike. 478 00:27:52,400 --> 00:27:55,760 Speaker 4: And that was when my heavy drug use came in. 479 00:27:55,960 --> 00:28:00,800 Speaker 4: When I found out I didn't have a lawyer and 480 00:28:00,840 --> 00:28:05,080 Speaker 4: that he has been He's been misleading me for at 481 00:28:05,119 --> 00:28:06,959 Speaker 4: least a year and a half about having a lawyer, 482 00:28:07,520 --> 00:28:11,159 Speaker 4: and once I found out and understood the significance of 483 00:28:11,280 --> 00:28:15,439 Speaker 4: not having one, he sent me into a drug induce life. Really, 484 00:28:15,480 --> 00:28:17,479 Speaker 4: I mean I left my cell. I didn't come back 485 00:28:17,560 --> 00:28:21,600 Speaker 4: unless I had some heroin. Okay, weat something and that 486 00:28:21,720 --> 00:28:22,840 Speaker 4: was my way of coping with it. 487 00:28:23,560 --> 00:28:26,199 Speaker 1: As for Melanie, she thinks her dad never intended to 488 00:28:26,200 --> 00:28:28,960 Speaker 1: help Mike from the beginning. Her feeling is that Ed 489 00:28:29,560 --> 00:28:30,560 Speaker 1: likely framed Mike. 490 00:28:31,160 --> 00:28:33,280 Speaker 6: Honestly, I think he tried to set Mike up to 491 00:28:33,320 --> 00:28:37,920 Speaker 6: take the fall. I mean that sounds horrible, but honestly 492 00:28:37,960 --> 00:28:41,520 Speaker 6: that is my that those are my thoughts. He didn't 493 00:28:41,520 --> 00:28:43,880 Speaker 6: care about anyone else. He only cares about himself. 494 00:28:43,880 --> 00:28:46,640 Speaker 5: He's like a psychopath. 495 00:28:46,800 --> 00:28:52,400 Speaker 6: I mean, like literally, it's I can't even believe that 496 00:28:52,440 --> 00:28:56,000 Speaker 6: we came from that because we don't act anything like him. 497 00:28:56,080 --> 00:28:58,840 Speaker 5: It's so bizarre knowing him. 498 00:28:59,280 --> 00:29:05,120 Speaker 4: It doesn't suffer me, right, because of what I've seen 499 00:29:05,160 --> 00:29:08,080 Speaker 4: in the end, how I treat my mom, how he 500 00:29:08,120 --> 00:29:11,400 Speaker 4: treated us, It's something that I can honestly look at 501 00:29:11,440 --> 00:29:12,880 Speaker 4: and say, you know what it does, It's fright, it 502 00:29:12,920 --> 00:29:14,360 Speaker 4: is what it is right. 503 00:29:15,880 --> 00:29:20,000 Speaker 1: But I don't need him, and Mike didn't. On his own, 504 00:29:20,040 --> 00:29:21,760 Speaker 1: he was able to get clean from the drugs he 505 00:29:21,800 --> 00:29:24,160 Speaker 1: had used to cope. He wound up getting his ged 506 00:29:24,280 --> 00:29:29,160 Speaker 1: in prison and worked with shelter dogs to rehabilitate them. 507 00:29:29,200 --> 00:29:33,080 Speaker 4: Oh dog program. I love the dog program. The greatest 508 00:29:33,080 --> 00:29:36,360 Speaker 4: con accomplishment I feel like is that I was able 509 00:29:36,400 --> 00:29:40,760 Speaker 4: to train ca Nines for companions the kids that have 510 00:29:40,880 --> 00:29:46,240 Speaker 4: autism right, and that is something that actually touches people 511 00:29:46,520 --> 00:29:49,680 Speaker 4: on the street. It's just not an internal department correction program, 512 00:29:49,840 --> 00:29:52,640 Speaker 4: like something I can actually make the difference with. 513 00:30:00,880 --> 00:30:04,040 Speaker 1: But Mike was still determined to prove his innocence. He 514 00:30:04,080 --> 00:30:06,960 Speaker 1: wrote letters to every attorney and innocence project he could 515 00:30:07,040 --> 00:30:09,720 Speaker 1: find until one wrote back. 516 00:30:10,200 --> 00:30:13,720 Speaker 4: I wrote the MIP seven eight page letters. I'm sure 517 00:30:13,760 --> 00:30:16,680 Speaker 4: they still have it. I explained my whole story. I 518 00:30:16,720 --> 00:30:17,160 Speaker 4: mailed it. 519 00:30:17,440 --> 00:30:20,240 Speaker 1: Within a few months, Mike got a visit from Kim Blocker, 520 00:30:20,560 --> 00:30:23,280 Speaker 1: a staff attorney for the MIP, which is the Midwest 521 00:30:23,280 --> 00:30:27,840 Speaker 1: Innocence Project. Six law students from Missouri University and Kansas 522 00:30:27,920 --> 00:30:29,640 Speaker 1: University accompanied him. 523 00:30:30,000 --> 00:30:31,719 Speaker 4: They sat down the vision room with me and they 524 00:30:31,720 --> 00:30:35,160 Speaker 4: told me tells what happened, And I told him and 525 00:30:36,320 --> 00:30:39,880 Speaker 4: it changed my life. It saved my life. The expressions 526 00:30:39,880 --> 00:30:42,400 Speaker 4: that I seen on those students' faces and Kim's face 527 00:30:42,440 --> 00:30:46,000 Speaker 4: when I was telling my story, stuck with me, and 528 00:30:46,080 --> 00:30:49,000 Speaker 4: I knew that they were going to investigate everything that 529 00:30:49,040 --> 00:30:53,200 Speaker 4: I just said. I knew and everything that they were 530 00:30:53,200 --> 00:30:56,600 Speaker 4: going to find. It's factually true to everything I just 531 00:30:56,640 --> 00:31:04,360 Speaker 4: said and from day on up until so let's save 532 00:31:04,400 --> 00:31:08,520 Speaker 4: my life more ways than one. 533 00:31:08,600 --> 00:31:11,640 Speaker 1: When the Midwest Innocence Project took Mike's case, they filed 534 00:31:11,640 --> 00:31:15,640 Speaker 1: a new petition claiming Mike is innocent based on new evidence, 535 00:31:15,960 --> 00:31:19,840 Speaker 1: including the fact the Mike's shoes did not actually have 536 00:31:20,000 --> 00:31:21,680 Speaker 1: an accelerant on them. 537 00:31:22,080 --> 00:31:25,600 Speaker 7: The material of substance on Mike's shoes, which were determined 538 00:31:25,600 --> 00:31:29,440 Speaker 7: to be gasoline at trial, was actually an aromatic solvent 539 00:31:29,800 --> 00:31:33,240 Speaker 7: that was part of the manufacturing process of these tennis shoes. 540 00:31:33,600 --> 00:31:36,560 Speaker 7: So this material was in every pair of shoes that 541 00:31:36,600 --> 00:31:39,080 Speaker 7: it were sold across the country, was not at all 542 00:31:39,160 --> 00:31:42,600 Speaker 7: unique to Mike's par of shoes, but was the thing 543 00:31:43,160 --> 00:31:45,080 Speaker 7: that was used to convict him and send him to 544 00:31:45,080 --> 00:31:46,160 Speaker 7: prison for a life. 545 00:31:47,080 --> 00:31:50,800 Speaker 1: Mecan says, the state even concedes that this evidence is. 546 00:31:50,840 --> 00:31:54,440 Speaker 7: False, yet they are still fighting his litigation and still 547 00:31:54,440 --> 00:31:55,840 Speaker 7: fighting to keep him in prison. 548 00:31:56,840 --> 00:31:59,200 Speaker 1: One of the detectives has even come forward with her 549 00:31:59,320 --> 00:32:00,960 Speaker 1: own opinion on the case. 550 00:32:01,560 --> 00:32:05,240 Speaker 7: Tammy Bellfield, one of the deputy sheriffs who investigated this case, 551 00:32:05,640 --> 00:32:09,920 Speaker 7: who shared and confirmed that like this, this was a mess. 552 00:32:10,360 --> 00:32:13,920 Speaker 7: This was a police department that was way in over 553 00:32:14,000 --> 00:32:16,960 Speaker 7: its head. They did not have the experience the resources 554 00:32:17,000 --> 00:32:20,520 Speaker 7: to handle this type of case or case of this magnitude, 555 00:32:20,960 --> 00:32:23,360 Speaker 7: and they didn't know what they were doing, and to 556 00:32:23,400 --> 00:32:25,800 Speaker 7: the extent they did, they did it wrong or made 557 00:32:25,840 --> 00:32:27,000 Speaker 7: the wrong judgments. 558 00:32:27,440 --> 00:32:30,680 Speaker 1: Despite the new evidence, all of Mike's appeals have been denied. 559 00:32:31,040 --> 00:32:34,640 Speaker 1: On October thirteenth, twenty twenty one, he filed another petition 560 00:32:34,920 --> 00:32:38,920 Speaker 1: quote seeking a writ of habeas corpus vacating his conviction 561 00:32:39,040 --> 00:32:42,560 Speaker 1: for second degree murder. Mike would have to wait months 562 00:32:42,600 --> 00:32:45,680 Speaker 1: to find out if this one would also be denied, 563 00:32:47,520 --> 00:32:50,240 Speaker 1: But then on February eighth of this year, Mike got 564 00:32:50,240 --> 00:32:54,160 Speaker 1: a surprise. The parole board granted him an early release. 565 00:32:55,800 --> 00:32:59,440 Speaker 1: A new law in Missouri SB twenty six allows certain 566 00:32:59,440 --> 00:33:04,640 Speaker 1: incarcery juvenile's parole after fifteen years, so in January twenty 567 00:33:04,680 --> 00:33:07,520 Speaker 1: twenty two, Meghan Crane and the rest of Mike's team 568 00:33:07,600 --> 00:33:11,960 Speaker 1: applied for parole, and despite the difficulty of claiming innocence 569 00:33:12,000 --> 00:33:16,920 Speaker 1: for parole, the board granted Mike's release. Now that Mike 570 00:33:17,000 --> 00:33:19,600 Speaker 1: is finally getting out of prison. I asked him what 571 00:33:19,640 --> 00:33:23,040 Speaker 1: he thinks of his suicide attempt. Do you think back 572 00:33:23,080 --> 00:33:27,160 Speaker 1: on that, and you know think that you're glad that 573 00:33:27,200 --> 00:33:27,800 Speaker 1: they found you? 574 00:33:28,760 --> 00:33:34,640 Speaker 4: Yeah? Okay, there's only there's only one explanation, and I 575 00:33:34,640 --> 00:33:37,360 Speaker 4: can I can draw from everything that's ever happened to me. 576 00:33:38,520 --> 00:33:44,200 Speaker 4: Is that one. I'm strong enough and capable of handling 577 00:33:44,280 --> 00:33:49,000 Speaker 4: everything that they throw at me. I'm also strong enough 578 00:33:49,040 --> 00:33:55,800 Speaker 4: and capable of using it for the better of society. Right. 579 00:34:04,800 --> 00:34:08,000 Speaker 1: Mike, now thirty eight, walked out of prison on April 580 00:34:08,040 --> 00:34:12,160 Speaker 1: twenty second of this year. A few days after his release, 581 00:34:12,320 --> 00:34:15,759 Speaker 1: we spoke again. Mike was at Melanie's house, surrounded by 582 00:34:15,760 --> 00:34:19,480 Speaker 1: his sister's nieces nephews, and of course, yeah we got. 583 00:34:19,400 --> 00:34:22,960 Speaker 10: The puppy dogs. Yeah, a blue heeler and black. 584 00:34:22,800 --> 00:34:24,879 Speaker 11: Lab Okay, so tell me how it's been being home. 585 00:34:24,920 --> 00:34:27,279 Speaker 10: It's been awesome. I ain't got much sleep. I've been 586 00:34:27,360 --> 00:34:29,560 Speaker 10: running on a pure adrenaline. We went to the stock 587 00:34:29,560 --> 00:34:32,320 Speaker 10: car races Saturday night. I met up with some family 588 00:34:32,360 --> 00:34:33,960 Speaker 10: members I ain't seen in over two decades. 589 00:34:35,480 --> 00:34:36,400 Speaker 4: Yeah, it was awesome. 590 00:34:36,880 --> 00:34:38,800 Speaker 11: So I think, you know, one of the more incredible 591 00:34:38,840 --> 00:34:41,440 Speaker 11: things about you, Mike, and what happened to is that 592 00:34:41,560 --> 00:34:44,359 Speaker 11: you were so young when you went to prison that 593 00:34:44,440 --> 00:34:47,920 Speaker 11: you really grew up inside prison. And what's it like 594 00:34:47,960 --> 00:34:49,680 Speaker 11: to be an adult now outside? 595 00:34:50,320 --> 00:34:53,479 Speaker 10: It's walking into an alien world, right because I've spent 596 00:34:53,480 --> 00:34:57,400 Speaker 10: two thirds of my life incarcerated, so that's what I knew. 597 00:34:59,160 --> 00:35:03,040 Speaker 10: It's a culture shock. All the technology, the speed of everything, 598 00:35:04,280 --> 00:35:06,640 Speaker 10: opening the refrigerator and seeing all the food, all the choices. 599 00:35:06,680 --> 00:35:07,759 Speaker 10: I went in the Walmart and I. 600 00:35:07,719 --> 00:35:12,880 Speaker 9: Was like, what, yeah, yeah, so, and it's it's just so, 601 00:35:14,600 --> 00:35:17,040 Speaker 9: it's it's just I don't I don't have the proper 602 00:35:17,160 --> 00:35:19,759 Speaker 9: verbs to describe it, but it's just. 603 00:35:19,960 --> 00:35:20,800 Speaker 10: It's just amazing. 604 00:35:21,360 --> 00:35:23,680 Speaker 11: So what do you want people to know about what 605 00:35:23,800 --> 00:35:26,879 Speaker 11: happened to you? And and really anything, it's an open 606 00:35:26,960 --> 00:35:27,520 Speaker 11: ended question. 607 00:35:28,360 --> 00:35:30,120 Speaker 10: You know, what happened to me can happen to anybody. 608 00:35:30,880 --> 00:35:34,280 Speaker 10: And there's there's countless more people that suffered how I suffered, 609 00:35:35,040 --> 00:35:37,480 Speaker 10: and they need help and I look forward to being 610 00:35:37,520 --> 00:35:39,800 Speaker 10: a part of that, you know, for for the greatest 611 00:35:39,800 --> 00:35:43,319 Speaker 10: country in the world. Right, Uh, it shouldn't be this hard. 612 00:35:43,360 --> 00:35:45,880 Speaker 10: When it's discovered that there's innocent people or an innocent 613 00:35:45,920 --> 00:35:51,439 Speaker 10: person in prison and the herculean hurdles that it takes 614 00:35:51,440 --> 00:35:54,240 Speaker 10: to get people out and exonerated, even when it's actually 615 00:35:54,960 --> 00:35:58,560 Speaker 10: proven that that evidence was used against the people. That's 616 00:35:58,600 --> 00:36:01,760 Speaker 10: that's false or misleading, or or if there's new discovered evidence, 617 00:36:02,520 --> 00:36:03,840 Speaker 10: they don't want to hear it, they ignore it, and 618 00:36:04,000 --> 00:36:07,919 Speaker 10: it's it's very disappointing, to say the least, that things 619 00:36:07,960 --> 00:36:08,520 Speaker 10: like that happen. 620 00:36:10,680 --> 00:36:13,719 Speaker 1: Mike plans to work with innocence projects and use his 621 00:36:13,800 --> 00:36:17,160 Speaker 1: experience to inspire the next generation of law students to 622 00:36:17,160 --> 00:36:20,799 Speaker 1: help change the judicial system. But before signing off, I 623 00:36:20,800 --> 00:36:22,560 Speaker 1: had one last question for him. 624 00:36:23,480 --> 00:36:25,040 Speaker 11: Have you thought about your mom a lot since you've 625 00:36:25,040 --> 00:36:25,399 Speaker 11: been out? 626 00:36:25,640 --> 00:36:25,879 Speaker 4: Yeah? 627 00:36:25,960 --> 00:36:29,280 Speaker 10: Yeah, I think about her every day, you know, regardless 628 00:36:29,280 --> 00:36:30,880 Speaker 10: if I was in there out here. That's something we 629 00:36:31,520 --> 00:36:32,480 Speaker 10: tell stories about her. 630 00:36:33,520 --> 00:36:33,719 Speaker 4: Yeah. 631 00:36:33,800 --> 00:36:35,440 Speaker 5: What do you wish she could see right now? 632 00:36:36,560 --> 00:36:37,440 Speaker 10: Oh she's smiling. 633 00:36:37,920 --> 00:36:38,720 Speaker 9: Yeah, she's smiling. 634 00:36:38,800 --> 00:36:39,280 Speaker 4: She knows. 635 00:36:40,040 --> 00:36:44,680 Speaker 10: Uh, she can finally rest right away. I always felt 636 00:36:44,680 --> 00:36:48,200 Speaker 10: that she wasn't at peace with what happened in the 637 00:36:48,200 --> 00:36:52,200 Speaker 10: after math of what happened to her. But there was 638 00:36:52,239 --> 00:36:54,960 Speaker 10: a moment when I was in the parking lot and uh, 639 00:36:55,880 --> 00:36:58,080 Speaker 10: there was two geese that flew over and honked right 640 00:36:58,080 --> 00:36:59,439 Speaker 10: above me, and I just looked up and I said, 641 00:36:59,440 --> 00:37:00,920 Speaker 10: I Mom, And it was just. 642 00:37:01,040 --> 00:37:05,759 Speaker 9: Instant, Yeah, it was It was yeah, yeah. 643 00:37:05,920 --> 00:37:08,759 Speaker 10: I felt like that was her celebrating. 644 00:37:13,440 --> 00:37:15,400 Speaker 1: If you'd like to help Mike get back on his feet, 645 00:37:15,560 --> 00:37:21,720 Speaker 1: go to GoFundMe dot com and search for Michael Polly. 646 00:37:21,800 --> 00:37:24,279 Speaker 1: If you or someone you know is having thoughts of suicide, 647 00:37:24,520 --> 00:37:28,360 Speaker 1: help is available. Please call the National Suicide Prevention Lifeline 648 00:37:28,440 --> 00:37:31,839 Speaker 1: at eight hundred two seven three eight two five y five. 649 00:37:33,840 --> 00:37:37,560 Speaker 1: Next time on Wrongful Conviction with Maggie Freeling Brian Parnell. 650 00:37:38,239 --> 00:37:40,919 Speaker 12: But when they turned around and said to me, yeah, 651 00:37:40,960 --> 00:37:43,799 Speaker 12: we have your DNA and we got your fingerprints at 652 00:37:43,800 --> 00:37:46,840 Speaker 12: a prime. See you choked this guy from What's just 653 00:37:46,960 --> 00:37:52,080 Speaker 12: I said, wait a minute, you got the wrong guy. 654 00:37:53,719 --> 00:37:56,240 Speaker 1: Thank you for listening to Wrongful Conviction with Maggie Freeling. 655 00:37:56,640 --> 00:37:59,440 Speaker 1: Please support your local innocence organizations and go to the 656 00:37:59,440 --> 00:38:01,520 Speaker 1: links in our bio to see how you can help. 657 00:38:02,040 --> 00:38:05,200 Speaker 1: I'd like to thank our executive producers Jason Flam Kevin Wortis, 658 00:38:05,239 --> 00:38:09,120 Speaker 1: as well as our senior producer Annie Chelsea, researcher Lila Robinson, 659 00:38:09,160 --> 00:38:12,800 Speaker 1: and story editor Sonya Paul, with additional production by Jeff Cliburn. 660 00:38:13,440 --> 00:38:15,600 Speaker 1: The music in this production is by three time OSCAR 661 00:38:15,640 --> 00:38:18,440 Speaker 1: nominated composer Jay Ralph. Be sure to follow us on 662 00:38:18,440 --> 00:38:22,719 Speaker 1: Instagram at Wrongful Conviction, Facebook at Wrongful Conviction Podcast, and 663 00:38:22,760 --> 00:38:25,680 Speaker 1: on Twitter at Wrongful Conviction, as well as at Lava 664 00:38:25,719 --> 00:38:28,360 Speaker 1: for Good. On all three platforms, you can also follow 665 00:38:28,440 --> 00:38:31,800 Speaker 1: me on both Instagram and Twitter at Maggie Freeling. Wrongful 666 00:38:31,800 --> 00:38:34,400 Speaker 1: Conviction with Maggie Freeling is a production of Lava for 667 00:38:34,480 --> 00:38:38,359 Speaker 1: Good Podcasts in association with Signal Company Number one