1 00:00:00,480 --> 00:00:03,000 Speaker 1: Thankfully, many of our guests have been released from prison, 2 00:00:03,120 --> 00:00:05,960 Speaker 1: either before or after our coverage has been released, but 3 00:00:06,120 --> 00:00:09,200 Speaker 1: others have not been so fortunate, including the man whose 4 00:00:09,200 --> 00:00:12,840 Speaker 1: case we'd like to highlight again today, James King. Since 5 00:00:12,880 --> 00:00:15,840 Speaker 1: our initial release of his story, the California Supreme Court, 6 00:00:16,079 --> 00:00:20,599 Speaker 1: while providing no reasoning, denied James's habeas petition after sitting 7 00:00:20,600 --> 00:00:23,439 Speaker 1: on it for a year. His attorney, Ian Graham assures 8 00:00:23,520 --> 00:00:25,400 Speaker 1: us that he will not give up and is now 9 00:00:25,440 --> 00:00:29,040 Speaker 1: seeking clemency for the governor. Luckily, they've got a very 10 00:00:29,080 --> 00:00:32,160 Speaker 1: good man in office, Gavin Newsom, who we hope will 11 00:00:32,200 --> 00:00:35,199 Speaker 1: do what others have lacked the courage and conviction to do. 12 00:00:35,720 --> 00:00:38,479 Speaker 1: Here is his story of how a man's freedom was 13 00:00:38,560 --> 00:00:41,960 Speaker 1: literally stolen away by the provable lives of a child 14 00:00:42,320 --> 00:00:48,600 Speaker 1: at the insistence of her criminally vindictive mother. While renting 15 00:00:48,600 --> 00:00:51,560 Speaker 1: a room in Selinas, California, a woman named ruth Ann 16 00:00:51,600 --> 00:00:54,440 Speaker 1: supported her drug habit and her thirteen year old daughter 17 00:00:54,560 --> 00:00:59,120 Speaker 1: Jamie with welfare and prostitution. James King previously rented a 18 00:00:59,200 --> 00:01:01,240 Speaker 1: room in the same house else where he still received 19 00:01:01,240 --> 00:01:05,679 Speaker 1: mail and maintained friendships, including with ruth Ann's boyfriend Eric Barton. 20 00:01:06,000 --> 00:01:09,399 Speaker 1: And the landlord Doug do Bell. James would come by 21 00:01:09,560 --> 00:01:12,200 Speaker 1: occasionally to pick up his mail and socialize, as he 22 00:01:12,280 --> 00:01:16,039 Speaker 1: did on August first, nineteen ninety seven, for the Salinas Airshow. 23 00:01:16,840 --> 00:01:19,319 Speaker 1: A few days later, while Landlord Dug do Bell was 24 00:01:19,319 --> 00:01:22,319 Speaker 1: in Las Vegas, James intervened when he saw ruth Anne 25 00:01:22,360 --> 00:01:26,120 Speaker 1: trying to sell Doug's moped. Ruth Anne, who had already 26 00:01:26,160 --> 00:01:29,160 Speaker 1: pawned Doug's TV, threatened James that she would get back 27 00:01:29,200 --> 00:01:32,319 Speaker 1: at him if he ever told Doug. When Doug returned 28 00:01:32,319 --> 00:01:35,399 Speaker 1: for Vegas on August eleventh, James found himself accused of 29 00:01:35,440 --> 00:01:39,039 Speaker 1: stealing Doug's TV, which he firmly denied while reporting the 30 00:01:39,120 --> 00:01:42,919 Speaker 1: story about ruth Anne and the moped. When Eric Barton 31 00:01:43,000 --> 00:01:45,759 Speaker 1: confirmed that ruth Anne was the culprit, James found himself 32 00:01:45,800 --> 00:01:49,400 Speaker 1: accused once again, this time for the alleged August first 33 00:01:49,440 --> 00:01:52,960 Speaker 1: sexual assault of thirteen year old Jamie, during which time 34 00:01:53,160 --> 00:01:57,480 Speaker 1: he allegedly ejaculated on a tan carpet. When confronted with 35 00:01:57,560 --> 00:02:00,560 Speaker 1: the carpet testing negative for seamen, the young girl said 36 00:02:00,560 --> 00:02:03,800 Speaker 1: that her dog must have eaten it. She later changed 37 00:02:03,800 --> 00:02:07,200 Speaker 1: the story to a blue carpet that Dobell confirmed did 38 00:02:07,240 --> 00:02:11,839 Speaker 1: not exist. Despite these glaring red flags that DA used 39 00:02:11,919 --> 00:02:15,560 Speaker 1: Jamie's story and a medical experts testimony that has since 40 00:02:15,600 --> 00:02:20,000 Speaker 1: been characterized as absurd to send James away from thirty 41 00:02:20,000 --> 00:02:39,360 Speaker 1: five years to life. This is Wrongful Conviction with Jason Flamm. 42 00:02:39,560 --> 00:02:43,320 Speaker 1: Welcome back to Wrongful Conviction with Jason Flamm. Today you're 43 00:02:43,360 --> 00:02:47,360 Speaker 1: going to hear a story that is disturbing in so 44 00:02:47,560 --> 00:02:51,320 Speaker 1: many ways. This story is the story of a man 45 00:02:51,720 --> 00:02:53,560 Speaker 1: who's been in prison for a quarter century for a 46 00:02:53,560 --> 00:02:56,760 Speaker 1: crime that never happened. And it's got so many lies 47 00:02:56,840 --> 00:02:59,359 Speaker 1: in it that you'll you may need a pen and 48 00:02:59,400 --> 00:03:03,040 Speaker 1: paper to keep the lies. I mean, it's just absolutely 49 00:03:03,400 --> 00:03:07,680 Speaker 1: breathtaking the web that was woven in order to not 50 00:03:07,720 --> 00:03:11,640 Speaker 1: only convict but also keep this innocent man in prison 51 00:03:11,960 --> 00:03:14,800 Speaker 1: for this long. The attorney is Ian Graham. He's a 52 00:03:14,840 --> 00:03:19,200 Speaker 1: civil rights attorney with Cravis Graham and Zucker in California. Ian, 53 00:03:19,280 --> 00:03:20,520 Speaker 1: Welcome to Rafel Conviction. 54 00:03:20,840 --> 00:03:23,119 Speaker 2: Thanks Jason. It's a real pleasure to be here. 55 00:03:23,520 --> 00:03:26,280 Speaker 1: And soon you'll be hearing the phone ring and we'll 56 00:03:26,280 --> 00:03:29,800 Speaker 1: be hearing from the man himself. James King will be 57 00:03:29,880 --> 00:03:33,160 Speaker 1: calling in from the California Men's Colony, which is a. 58 00:03:33,520 --> 00:03:35,760 Speaker 1: I mean, it seems like sort of a benign name 59 00:03:35,880 --> 00:03:38,400 Speaker 1: for a place that is no place for an innocent 60 00:03:38,480 --> 00:03:41,880 Speaker 1: man to be. Oh, and here we go. We're going 61 00:03:41,920 --> 00:03:42,920 Speaker 1: to our call right now. 62 00:03:43,160 --> 00:03:47,480 Speaker 3: This is Global telling you have a prepaid call from 63 00:03:47,760 --> 00:03:52,960 Speaker 3: an inmate at the California Men's Colony, San Luis Obispo, California. 64 00:03:53,120 --> 00:03:56,560 Speaker 3: This call and your telephone number will be monitored and recorded. 65 00:03:56,800 --> 00:04:01,400 Speaker 3: To accept this call, say or dial five now. Thank 66 00:04:01,440 --> 00:04:03,360 Speaker 3: you for using Global tail Link. 67 00:04:04,160 --> 00:04:08,120 Speaker 4: Hello James, Hi, how finally get to talk to you. 68 00:04:08,360 --> 00:04:11,720 Speaker 1: Well, I'm so glad you're here too, even though I 69 00:04:11,760 --> 00:04:14,440 Speaker 1: really hate why you're here, or more to the point, 70 00:04:14,560 --> 00:04:15,360 Speaker 1: where you are. 71 00:04:15,720 --> 00:04:16,040 Speaker 4: Thank you. 72 00:04:16,440 --> 00:04:19,400 Speaker 1: So tell us a bit about your life growing up. 73 00:04:19,600 --> 00:04:22,040 Speaker 4: Yeah, okay, I grew up in Actually I was born 74 00:04:22,080 --> 00:04:24,400 Speaker 4: in Germany. My dad was in the army for twenty 75 00:04:24,400 --> 00:04:27,200 Speaker 4: five years and we came back to the United States 76 00:04:27,200 --> 00:04:29,599 Speaker 4: when I was like six years old, and then we 77 00:04:29,680 --> 00:04:32,880 Speaker 4: moved to California, and I've been in California all my life. 78 00:04:33,200 --> 00:04:35,920 Speaker 1: So you grew up in a military family. And we've 79 00:04:35,920 --> 00:04:39,160 Speaker 1: spoken with your mom, Lilyan, many times, and it sounds 80 00:04:39,200 --> 00:04:42,200 Speaker 1: like you had a relatively normal life working in the 81 00:04:42,279 --> 00:04:45,040 Speaker 1: moving business until you had a run in with the 82 00:04:45,120 --> 00:04:48,800 Speaker 1: law for burglary. Now that's a serious crime, but when 83 00:04:48,839 --> 00:04:51,280 Speaker 1: you hear the details of it, it was actually a 84 00:04:51,320 --> 00:04:52,800 Speaker 1: bit more benign than it sounds. 85 00:04:53,160 --> 00:04:55,440 Speaker 4: Go only three hundred dollars. So I was mad and 86 00:04:55,480 --> 00:04:57,160 Speaker 4: I shouldn't have done it, and I went in the 87 00:04:57,240 --> 00:04:59,720 Speaker 4: house and took a VCR. When I took it, I 88 00:04:59,720 --> 00:05:02,240 Speaker 4: even call her it, told her I took your VCR 89 00:05:02,760 --> 00:05:04,880 Speaker 4: and she called the police call me. That's how that happened, 90 00:05:04,920 --> 00:05:06,520 Speaker 4: and they got me for burglary. So I had to 91 00:05:06,520 --> 00:05:08,440 Speaker 4: plead guilty to it. I got a year in prison 92 00:05:08,520 --> 00:05:10,440 Speaker 4: for that. That was all it was to it. And 93 00:05:10,520 --> 00:05:11,520 Speaker 4: I should never done that. 94 00:05:12,080 --> 00:05:14,960 Speaker 1: So, okay, you knew this person and they owed you money, 95 00:05:14,960 --> 00:05:17,800 Speaker 1: and you obviously shouldn't have done that. You've acknowledged that 96 00:05:17,800 --> 00:05:19,760 Speaker 1: that was a dumb thing to do. But now you've 97 00:05:19,760 --> 00:05:21,320 Speaker 1: got one strike for burglary. 98 00:05:21,480 --> 00:05:23,600 Speaker 4: But I have no six grids in my life at all, man, 99 00:05:23,640 --> 00:05:26,039 Speaker 4: not even allegations that I'd done anything right. 100 00:05:26,120 --> 00:05:28,960 Speaker 1: So this was a non sexual crime. So why did 101 00:05:28,960 --> 00:05:31,279 Speaker 1: I even bring it up? You might be asking yourself. Well, 102 00:05:31,640 --> 00:05:34,880 Speaker 1: at the time, with the newly minted nineteen ninety four 103 00:05:35,000 --> 00:05:37,640 Speaker 1: Crime Bill, what this meant was that you had one 104 00:05:37,680 --> 00:05:40,960 Speaker 1: strike against you, so a second offense would mean doubling 105 00:05:41,080 --> 00:05:45,120 Speaker 1: any sentence. But for now you just got the one 106 00:05:45,240 --> 00:05:48,039 Speaker 1: year sentence. So you get out, go back to the 107 00:05:48,080 --> 00:05:50,640 Speaker 1: moving business doing odd jobs, and you're renting a room 108 00:05:50,680 --> 00:05:53,520 Speaker 1: from a man named Doug Dobell and Selenas, California. 109 00:05:53,800 --> 00:05:55,600 Speaker 4: Yeah, I was living in duglam Bill's out for about 110 00:05:55,600 --> 00:05:57,640 Speaker 4: seven months and I moved out and got my own place. 111 00:05:57,800 --> 00:06:00,600 Speaker 4: It was a ninety seventh and I was leaving Alenas 112 00:06:00,640 --> 00:06:03,440 Speaker 4: at the time. When I moved out. I still stay 113 00:06:03,480 --> 00:06:05,480 Speaker 4: friends with Doug and I had to go over her 114 00:06:05,520 --> 00:06:07,520 Speaker 4: and get my meal every day because I did not 115 00:06:07,720 --> 00:06:10,800 Speaker 4: pann my meal switch. I just kept it there at Doug's. 116 00:06:10,480 --> 00:06:13,440 Speaker 1: House, all right. So you were also doing some odd 117 00:06:13,520 --> 00:06:16,320 Speaker 1: jobs for Doug. You two guys had a mutual friend, 118 00:06:16,400 --> 00:06:18,359 Speaker 1: Eric Barton, who was dating a woman who had just 119 00:06:18,400 --> 00:06:21,159 Speaker 1: begun renting a room from Doug. And her name was 120 00:06:21,240 --> 00:06:24,120 Speaker 1: Ruth Ann, a woman who threw her own admission, had 121 00:06:24,160 --> 00:06:28,560 Speaker 1: suffered from manic depression, borderline multiple personality disordered drug addiction, 122 00:06:28,880 --> 00:06:31,920 Speaker 1: all while struggling to support her drug habit and her 123 00:06:31,960 --> 00:06:35,240 Speaker 1: thirteen year old daughter Jamie with the help of welfare 124 00:06:35,279 --> 00:06:38,919 Speaker 1: and prostitution. So now Ian this brings us to the 125 00:06:38,960 --> 00:06:41,840 Speaker 1: summer of nineteen ninety seven at Doug Dobell's house. 126 00:06:42,240 --> 00:06:46,440 Speaker 2: So, in the summer of nineteen ninety seven, there were 127 00:06:46,640 --> 00:06:50,159 Speaker 2: four or five people living there. In addition to Jamie 128 00:06:50,200 --> 00:06:53,320 Speaker 2: and ruth Anne, there was a woman named Bonnie Roman, 129 00:06:54,040 --> 00:06:57,880 Speaker 2: her husband and Bonnie's brother I believe named Eli Roman. 130 00:06:58,279 --> 00:07:02,320 Speaker 2: So on August first, nineteen ninety seven, James goes by 131 00:07:02,720 --> 00:07:05,880 Speaker 2: Dobell's house. I believe it was the day of the 132 00:07:05,960 --> 00:07:10,960 Speaker 2: Salinas Air Show. So he was going over to see Dobell. 133 00:07:11,200 --> 00:07:13,000 Speaker 2: And you know, he knew ruth Ann a little bit, 134 00:07:13,120 --> 00:07:15,600 Speaker 2: and you know, have a few beers for the air show. 135 00:07:16,240 --> 00:07:19,920 Speaker 2: And so he goes into the house and Eric Barton 136 00:07:20,840 --> 00:07:25,240 Speaker 2: is occupied in the bedroom with ruth Ann. 137 00:07:25,560 --> 00:07:28,280 Speaker 4: Ruthan wanted me to go to the store for her 138 00:07:28,360 --> 00:07:30,800 Speaker 4: and get some beer for her. She didn't have a car, 139 00:07:30,880 --> 00:07:33,960 Speaker 4: her car was broke down, so nice to me. When 140 00:07:34,000 --> 00:07:36,320 Speaker 4: I was going to the store, Jamie asked me because 141 00:07:36,360 --> 00:07:38,440 Speaker 4: she'd go and get a soda pop And I say, 142 00:07:38,480 --> 00:07:40,880 Speaker 4: to ask your mother, and her mother sits sure. 143 00:07:41,280 --> 00:07:45,920 Speaker 2: So King goes and gets some beer and comes back 144 00:07:45,960 --> 00:07:49,120 Speaker 2: to the house. Ruth Ann comes out and gets a 145 00:07:49,120 --> 00:07:52,080 Speaker 2: beer out of the fridge, and King's there and Jamie's there, 146 00:07:52,560 --> 00:07:55,840 Speaker 2: no issues, goes back into the bedroom with Barton, and 147 00:07:56,320 --> 00:07:59,040 Speaker 2: you know, the day goes off without a hitch. Over 148 00:07:59,080 --> 00:08:02,280 Speaker 2: the course of the next few days, while Doug Dobell 149 00:08:02,520 --> 00:08:05,560 Speaker 2: was still out of town in Las Vegas, James sees 150 00:08:05,760 --> 00:08:11,440 Speaker 2: ruth Anne trying to sell Dobell's mopead and intervenes and 151 00:08:11,520 --> 00:08:14,240 Speaker 2: stops her and tells her she can't be selling Dobell's property. 152 00:08:15,000 --> 00:08:18,360 Speaker 2: Ruth Anne and James got into a verbal altercation when 153 00:08:18,360 --> 00:08:19,920 Speaker 2: he prevented her from selling the moped. 154 00:08:20,280 --> 00:08:23,320 Speaker 4: I said, excuse me, sir, this is not ruth Dan's moulped. 155 00:08:23,640 --> 00:08:26,000 Speaker 4: This is the owner's moped. And if you buy this, 156 00:08:26,600 --> 00:08:29,560 Speaker 4: you're buying something that is stolen. And that's when ruth 157 00:08:29,600 --> 00:08:32,520 Speaker 4: Dan turned to me, you bastard, if you tell Doug 158 00:08:32,559 --> 00:08:35,040 Speaker 4: about this, she said, if we get if we're getting 159 00:08:35,080 --> 00:08:37,280 Speaker 4: picked it out of here because of you, I will 160 00:08:37,320 --> 00:08:38,840 Speaker 4: pay you back one hundred times over. 161 00:08:39,160 --> 00:08:42,800 Speaker 2: She had, also, by the way, pawned Dobell's television that 162 00:08:42,800 --> 00:08:46,480 Speaker 2: week when he was out of town. So on August eleventh, 163 00:08:46,640 --> 00:08:49,280 Speaker 2: Dobell returns from Las Vegas to his house and he 164 00:08:49,360 --> 00:08:53,959 Speaker 2: notices that there's property damaged. His TV is missing, and 165 00:08:54,200 --> 00:08:58,439 Speaker 2: James tells Dobell that ruth Anne had pawned the TV 166 00:08:58,760 --> 00:09:02,560 Speaker 2: and tried to sell themed and this was later confirmed 167 00:09:02,600 --> 00:09:05,080 Speaker 2: by Eric Barton, who had seen ruth Anner do this 168 00:09:05,120 --> 00:09:09,160 Speaker 2: stuff too. So Dobell and ruth Anne get into an 169 00:09:09,280 --> 00:09:12,360 Speaker 2: argument about her conduct while she's staying at the house, 170 00:09:12,840 --> 00:09:17,280 Speaker 2: and the next day, ruth Ann comes to Dobell with 171 00:09:17,480 --> 00:09:22,880 Speaker 2: Jamie and tells Dobell that James King has molested and 172 00:09:22,920 --> 00:09:27,600 Speaker 2: tried to rape Jamie. Dobell, who was horrified and actually 173 00:09:27,640 --> 00:09:30,560 Speaker 2: scared that he was going to be himself accused of 174 00:09:30,559 --> 00:09:35,880 Speaker 2: this assault, immediately calls the police and Dobell drives Jamie 175 00:09:35,880 --> 00:09:39,000 Speaker 2: and ruth Anne to the police station for Jamie to 176 00:09:39,000 --> 00:09:41,760 Speaker 2: be interviewed, and on the way to the police station, 177 00:09:41,960 --> 00:09:46,120 Speaker 2: ruth Ann is mad at Dobell because, as Dobell testified, 178 00:09:46,320 --> 00:09:49,280 Speaker 2: he didn't give ruth Anne and Jamie time for them 179 00:09:49,320 --> 00:09:50,720 Speaker 2: to get their stories straight. 180 00:09:52,160 --> 00:09:56,080 Speaker 1: Yeah, this is just the beginning, I mean yeah, And 181 00:09:56,120 --> 00:10:00,760 Speaker 1: so she is now grasping at straws because she's angry 182 00:10:00,840 --> 00:10:04,760 Speaker 1: that her scheme was sort of you know interrupted. 183 00:10:04,280 --> 00:10:07,040 Speaker 2: Yeah, well, but I guess maybe should give just a 184 00:10:07,040 --> 00:10:10,960 Speaker 2: brief background. You know, Jamie's thirteen years old, and this 185 00:10:11,040 --> 00:10:13,800 Speaker 2: is her mother who's working as a prostitute and has 186 00:10:13,840 --> 00:10:17,920 Speaker 2: been a drug addict. And Jamie would later testify that 187 00:10:18,000 --> 00:10:20,880 Speaker 2: she was raped when she was four, and she was 188 00:10:20,960 --> 00:10:24,199 Speaker 2: raped when she was eight, and as you'll see, will 189 00:10:24,200 --> 00:10:27,000 Speaker 2: become relevant later the second time. She also said that 190 00:10:27,040 --> 00:10:30,400 Speaker 2: there was a convenience store involved, and we have fairly 191 00:10:30,440 --> 00:10:33,400 Speaker 2: good evidence that she was also being sexually assaulted at 192 00:10:33,400 --> 00:10:36,600 Speaker 2: this time that we're talking about August of nineteen ninety seven, 193 00:10:36,800 --> 00:10:39,560 Speaker 2: just not by James King. So I have a great 194 00:10:39,600 --> 00:10:42,720 Speaker 2: deal of sympathy for Jamie and her situation. It doesn't 195 00:10:42,760 --> 00:10:45,480 Speaker 2: change the facts that we're going to develop going forward, 196 00:10:45,520 --> 00:10:47,800 Speaker 2: but that's just the circumstances that we're dealing with here. 197 00:10:48,280 --> 00:10:53,319 Speaker 1: So now this awful scenario is starting to grow legs, 198 00:10:53,440 --> 00:10:56,240 Speaker 1: so to speak. Right, Dobell has driven them down to 199 00:10:56,280 --> 00:10:59,079 Speaker 1: the police station. What happened at that interview. 200 00:10:59,480 --> 00:11:03,040 Speaker 2: Jamie was taken into a room separated from her mother 201 00:11:03,200 --> 00:11:07,360 Speaker 2: and interviewed by detectives. She said that on that day 202 00:11:07,400 --> 00:11:10,439 Speaker 2: of August first, when James King came over to the house, 203 00:11:11,600 --> 00:11:14,200 Speaker 2: that he was going to go to the convenience store 204 00:11:14,440 --> 00:11:18,040 Speaker 2: to buy beer, and that because there was no one 205 00:11:18,120 --> 00:11:22,439 Speaker 2: else around, he knocked on the bedroom door, interrupted Barton 206 00:11:22,480 --> 00:11:24,680 Speaker 2: and ruth Anne and asked ruth Anne whether he should 207 00:11:24,720 --> 00:11:26,600 Speaker 2: take Jamie to the store with him or just leave 208 00:11:26,640 --> 00:11:29,079 Speaker 2: her there, and ruth Anne said, yeah, why don't you 209 00:11:29,120 --> 00:11:32,560 Speaker 2: take her? So, she says, she and James drove to 210 00:11:32,720 --> 00:11:35,960 Speaker 2: the liquor store, convenience store, whatever it is. He got beer, 211 00:11:36,080 --> 00:11:39,360 Speaker 2: he bought Jamie a soda, and they're driving back and 212 00:11:39,400 --> 00:11:42,240 Speaker 2: she said that on the way back he pretended to 213 00:11:42,240 --> 00:11:48,080 Speaker 2: get lost and he began touching her thigh into her 214 00:11:48,240 --> 00:11:50,600 Speaker 2: private areas. And then they get back to the house. 215 00:11:51,080 --> 00:11:54,720 Speaker 2: Ruth Ann comes out of the bedroom, she gets a 216 00:11:54,720 --> 00:11:57,160 Speaker 2: beer from the fridge, goes back into the bedroom. She 217 00:11:57,240 --> 00:12:00,880 Speaker 2: sees Jamie. Nothing going on, no problem at that point, 218 00:12:01,520 --> 00:12:05,440 Speaker 2: according to Jamie, James takes her into the garage in 219 00:12:05,480 --> 00:12:08,520 Speaker 2: the house and on top of a piece of carpet 220 00:12:08,520 --> 00:12:11,040 Speaker 2: that's in the garage. Dobell by the ways in the 221 00:12:11,040 --> 00:12:14,720 Speaker 2: carpet business, so there's a fairly large square of carpet 222 00:12:14,840 --> 00:12:17,720 Speaker 2: that she says that he then forced her to orally 223 00:12:17,760 --> 00:12:20,600 Speaker 2: copulate him and that he raped her, and that he 224 00:12:20,880 --> 00:12:23,800 Speaker 2: ejaculated and the seamen went on the carpet. She was 225 00:12:23,800 --> 00:12:26,760 Speaker 2: actually very clear about that. The detectives asked her follow 226 00:12:26,840 --> 00:12:29,680 Speaker 2: up questions to make sure because they would be able 227 00:12:29,679 --> 00:12:32,760 Speaker 2: to then verify the story. So they asked her follow 228 00:12:32,800 --> 00:12:35,760 Speaker 2: up questions and she says, yes, it was a brown 229 00:12:36,000 --> 00:12:38,760 Speaker 2: or tan carpet. She told them where it was in 230 00:12:38,800 --> 00:12:41,920 Speaker 2: the garage. I think initially at least one of them 231 00:12:42,000 --> 00:12:45,240 Speaker 2: was slightly skeptical because for about a few things. Jamie 232 00:12:45,280 --> 00:12:48,840 Speaker 2: had said that the attack had lasted for seventy five minutes, 233 00:12:49,520 --> 00:12:52,640 Speaker 2: which seemed like an exceedingly long time, and there were 234 00:12:52,960 --> 00:12:55,240 Speaker 2: a few other details. So then they went over and 235 00:12:55,280 --> 00:12:59,080 Speaker 2: they interviewed ruth Ann, and ruth Anne said that King 236 00:12:59,120 --> 00:13:01,640 Speaker 2: had never come in and asks if he could take 237 00:13:01,760 --> 00:13:04,679 Speaker 2: Jamie to the store. That had never happened, that when 238 00:13:04,720 --> 00:13:07,320 Speaker 2: she came out of the bedroom, you know, she saw 239 00:13:07,400 --> 00:13:10,600 Speaker 2: Jamie sitting there reading a book, no problem, nothing seemed 240 00:13:10,600 --> 00:13:14,440 Speaker 2: out of order. Then she said that when Jamie told 241 00:13:14,440 --> 00:13:17,760 Speaker 2: her about the incident, she said that King had tried 242 00:13:17,760 --> 00:13:19,920 Speaker 2: to rape her, but not the story that she told 243 00:13:19,960 --> 00:13:24,080 Speaker 2: the police. The detectives then went back in with Jamie 244 00:13:24,200 --> 00:13:27,360 Speaker 2: and said, your mom said that you know, she didn't 245 00:13:27,600 --> 00:13:29,480 Speaker 2: see this and she didn't hear that, and that you 246 00:13:29,520 --> 00:13:31,840 Speaker 2: told her that it was only James had tried something. 247 00:13:32,120 --> 00:13:34,520 Speaker 2: And Jamie said, well, I don't know. I don't know 248 00:13:34,520 --> 00:13:36,640 Speaker 2: why my mom would say that. So there's already a 249 00:13:36,640 --> 00:13:40,080 Speaker 2: discrepancy there. And so then the detectives asked Jamie, well, 250 00:13:40,160 --> 00:13:43,560 Speaker 2: did you tell anybody about what happened to you at 251 00:13:43,600 --> 00:13:46,119 Speaker 2: the time that it happened or in the days afterwards. 252 00:13:46,440 --> 00:13:49,320 Speaker 2: Jamie says, the only person that I told the next 253 00:13:49,440 --> 00:13:53,400 Speaker 2: day was my friend Erica. Erica then says, no, that 254 00:13:53,480 --> 00:13:57,480 Speaker 2: didn't happen. Erica says that she does remember Jamie telling 255 00:13:57,520 --> 00:14:02,800 Speaker 2: her that King had assaulted her, but that happened after 256 00:14:02,880 --> 00:14:05,360 Speaker 2: Dobell had gotten home, So, in other words, it had 257 00:14:05,360 --> 00:14:09,240 Speaker 2: happened sometime after August eleventh, more than ten days after 258 00:14:09,559 --> 00:14:13,120 Speaker 2: the attack. So there were some flags in the story 259 00:14:13,320 --> 00:14:15,040 Speaker 2: just from the beginning here. 260 00:14:15,360 --> 00:14:17,400 Speaker 1: There are a lot of flags, and the story really 261 00:14:17,480 --> 00:14:20,560 Speaker 1: is just getting started, because when you hear what happens 262 00:14:20,680 --> 00:14:25,200 Speaker 1: next and the way these lies start to unravel, it 263 00:14:25,240 --> 00:14:27,240 Speaker 1: would be comical if it wasn't tragic. 264 00:14:27,520 --> 00:14:33,240 Speaker 2: So when the interview concludes, officer Hickman. He goes immediately 265 00:14:33,480 --> 00:14:37,240 Speaker 2: to Dobell's house and Dobell takes him into the garage 266 00:14:37,480 --> 00:14:43,680 Speaker 2: and there is a tan or brown carpet exactly in 267 00:14:43,760 --> 00:14:47,880 Speaker 2: the place that Jamie described it. Dobell tells the officer 268 00:14:48,000 --> 00:14:50,400 Speaker 2: it's been for at least a month, and it's the 269 00:14:50,400 --> 00:14:53,840 Speaker 2: only one that's been in this garage for several months. 270 00:14:54,120 --> 00:14:56,960 Speaker 2: So the officer takes that carpet and they have it 271 00:14:57,080 --> 00:15:01,200 Speaker 2: laboratory tested for semen and it tests negative. 272 00:15:02,400 --> 00:15:03,800 Speaker 3: And just so. 273 00:15:03,720 --> 00:15:08,640 Speaker 2: They're sure, they take two other pieces of carpet, not 274 00:15:08,760 --> 00:15:12,200 Speaker 2: even remotely where Jamie said they were or fitting description, 275 00:15:12,280 --> 00:15:13,760 Speaker 2: but they just wanted to be thorough, so they grabbed 276 00:15:13,760 --> 00:15:17,880 Speaker 2: two other pieces and they test those. They test negative. 277 00:15:18,840 --> 00:15:22,680 Speaker 2: The detectives then went back asked again for Jamie to 278 00:15:22,760 --> 00:15:25,960 Speaker 2: tell the story, and again Jamie tells a story, talks 279 00:15:26,000 --> 00:15:28,200 Speaker 2: about King, he talks about how he ejaculated on the 280 00:15:28,200 --> 00:15:30,880 Speaker 2: tan or brown carpet. So then the officer says, you know, 281 00:15:30,960 --> 00:15:35,080 Speaker 2: we had that carpet tested and it didn't show that 282 00:15:35,160 --> 00:15:37,680 Speaker 2: there was any semen on it. It didn't come back, 283 00:15:37,720 --> 00:15:45,120 Speaker 2: didn't test positive. There was none. And Jamie says, that's 284 00:15:45,240 --> 00:15:48,720 Speaker 2: because my dog ate that part of the carpet. 285 00:15:50,040 --> 00:15:52,920 Speaker 1: That's because my dog ate that part of the. 286 00:15:52,920 --> 00:15:57,600 Speaker 2: Carpet, right, And you know, these are the things that 287 00:15:57,640 --> 00:15:59,600 Speaker 2: a thirteen year old girl might say, which he's caught 288 00:15:59,640 --> 00:16:02,200 Speaker 2: in a line. So the officer says, your dog ate it, 289 00:16:02,240 --> 00:16:04,640 Speaker 2: and she says, well, also, I think my mom may 290 00:16:04,680 --> 00:16:07,960 Speaker 2: have cut it up and maybe then also washed it. 291 00:16:08,600 --> 00:16:12,440 Speaker 2: And the officer says, well, the carpet doesn't look like 292 00:16:12,440 --> 00:16:16,160 Speaker 2: it's damaged in any way. And Jamie didn't have anything 293 00:16:16,160 --> 00:16:19,640 Speaker 2: to say to that. So that is the state of 294 00:16:19,680 --> 00:16:24,000 Speaker 2: the evidence that was turned over to the District Attorney's office. 295 00:16:24,640 --> 00:16:27,480 Speaker 1: This is where it should have ended, right, Yes, this 296 00:16:27,600 --> 00:16:30,320 Speaker 1: was a moment right where the DA had that opportunity 297 00:16:30,360 --> 00:16:33,080 Speaker 1: to say, you know what, none of this makes any 298 00:16:33,080 --> 00:16:36,760 Speaker 1: fucking sense. Yeah, so, you know, unless you guys can 299 00:16:36,800 --> 00:16:42,000 Speaker 1: bring me something, you know, some physical evidence. I witnessed testimony, 300 00:16:42,880 --> 00:16:46,680 Speaker 1: some something other than a tangled web of lives from 301 00:16:46,720 --> 00:16:49,400 Speaker 1: a poor child. I'm not going to prosecute this case. 302 00:16:49,440 --> 00:16:50,480 Speaker 1: But that's not what happened. 303 00:16:50,760 --> 00:16:54,320 Speaker 2: Yeah, Well, they try to build some corroboration and on 304 00:16:54,400 --> 00:16:56,840 Speaker 2: about August I think it was nineteenth or so, almost 305 00:16:56,880 --> 00:17:00,560 Speaker 2: three weeks or so after this alleged attack by King. 306 00:17:01,040 --> 00:17:06,040 Speaker 2: They have the prosecution's medical expert, doctor Valerie Barnes, examined 307 00:17:06,320 --> 00:17:10,520 Speaker 2: Jamie and she says, oh, I saw a red spot 308 00:17:10,640 --> 00:17:14,600 Speaker 2: on Jamie's mouth, and I saw redness in her vagina 309 00:17:14,720 --> 00:17:17,399 Speaker 2: and a cleft on the hymen, and you know, a 310 00:17:17,560 --> 00:17:22,000 Speaker 2: streaking here, and these are consistent with the sexual assault 311 00:17:22,080 --> 00:17:26,359 Speaker 2: as she described it. That's just simply false. It's false. 312 00:17:26,480 --> 00:17:31,040 Speaker 2: And we know it's false because when James King's conviction 313 00:17:31,280 --> 00:17:35,240 Speaker 2: was overturned for the first time, it was overturned because 314 00:17:36,160 --> 00:17:39,679 Speaker 2: his lawyer had failed to call a medical expert to 315 00:17:39,760 --> 00:17:45,240 Speaker 2: rebut that testimony from Valerie Barnes. And if they had 316 00:17:45,280 --> 00:17:48,000 Speaker 2: called a medical expert to rebut that testimony, this is 317 00:17:48,000 --> 00:17:51,239 Speaker 2: a federal judge talking, it would have demonstrated that it 318 00:17:51,320 --> 00:17:56,360 Speaker 2: wasn't true. And we know that because doctors Crawford and Coleman, 319 00:17:56,520 --> 00:18:00,639 Speaker 2: and they are eminently qualified in child' saise sexual assault 320 00:18:00,720 --> 00:18:06,280 Speaker 2: cases and typically testify for the prosecution, reviewed doctor Barnes's 321 00:18:06,320 --> 00:18:10,119 Speaker 2: examination of Jamie and did their own examination of the 322 00:18:10,160 --> 00:18:14,800 Speaker 2: same pictures and everything in Barnes looked at, and they 323 00:18:15,000 --> 00:18:20,280 Speaker 2: concluded that Barnes' findings were medically absurd. To the point 324 00:18:20,359 --> 00:18:24,640 Speaker 2: of showing bias. That none of the injuries or red 325 00:18:24,680 --> 00:18:28,119 Speaker 2: spots that they saw were indicative of an assault that 326 00:18:28,280 --> 00:18:32,200 Speaker 2: happened on August first, or anytime around then. Acute sexual 327 00:18:32,240 --> 00:18:35,480 Speaker 2: assault injuries like that heal within seventy two hours, maybe 328 00:18:35,520 --> 00:18:38,400 Speaker 2: a week at most. They said that what Barnes saw 329 00:18:38,440 --> 00:18:41,919 Speaker 2: were simply normal markings and that there was no cleft 330 00:18:41,960 --> 00:18:44,440 Speaker 2: on a hymen. They could see it clearly. But those 331 00:18:44,520 --> 00:18:50,000 Speaker 2: absurd findings had the benefit for the prosecution of corroborating 332 00:18:50,119 --> 00:18:54,520 Speaker 2: Jamie's story because they said, these are consistent with the assault. 333 00:18:55,760 --> 00:18:57,199 Speaker 2: So there's your corroboration. 334 00:18:57,520 --> 00:19:00,600 Speaker 1: Yeah, nice expert. And before we move on to inevitable 335 00:19:00,600 --> 00:19:04,159 Speaker 1: in this trial, authorities had another opportunity to do the 336 00:19:04,200 --> 00:19:07,800 Speaker 1: right thing here, but it too went completely ignored. 337 00:19:08,240 --> 00:19:12,160 Speaker 2: Shortly after the allegations came up and the investigation started going, 338 00:19:12,280 --> 00:19:15,960 Speaker 2: Dobell found Jamie's diary in her room and he turned 339 00:19:15,960 --> 00:19:19,400 Speaker 2: it over to the police. And in that diary, Jamie 340 00:19:19,800 --> 00:19:24,600 Speaker 2: wrote about a man named Eli who she was in 341 00:19:24,600 --> 00:19:27,840 Speaker 2: love with and who did stuff to her. And she 342 00:19:28,000 --> 00:19:30,800 Speaker 2: would write things like do you really love me? Or 343 00:19:30,800 --> 00:19:32,960 Speaker 2: do you just want to do those things to me? 344 00:19:34,040 --> 00:19:37,520 Speaker 2: And this would seem like is Eli Roman, who was 345 00:19:37,560 --> 00:19:39,920 Speaker 2: living in the house and who was in his mid 346 00:19:39,960 --> 00:19:43,800 Speaker 2: to late twenties at the time, And remarkably, she wrote 347 00:19:43,880 --> 00:19:47,800 Speaker 2: about some sort of sexual interaction with Eli on the 348 00:19:47,880 --> 00:19:50,720 Speaker 2: day or within a day of when she accused King. 349 00:19:51,080 --> 00:19:53,480 Speaker 2: So in her diary there's something on August twelfth or 350 00:19:53,480 --> 00:19:56,879 Speaker 2: thirteenth about you know, Eli and you know, doing stuff 351 00:19:56,880 --> 00:20:00,280 Speaker 2: to her. So at trial she's asked about this and 352 00:20:00,359 --> 00:20:03,119 Speaker 2: she denies it all and she says, no, no, I 353 00:20:03,240 --> 00:20:05,520 Speaker 2: just write stuff in there, didn't have anything to do 354 00:20:05,640 --> 00:20:09,680 Speaker 2: with Eli. So you know, it's even a bit richer 355 00:20:09,720 --> 00:20:13,240 Speaker 2: here where you actually have someone who is assaulting her 356 00:20:13,520 --> 00:20:16,600 Speaker 2: who she professes to love in her diary, right. 357 00:20:16,480 --> 00:20:19,919 Speaker 1: Which just adds to the total absurdity of doctor Barnes 358 00:20:20,000 --> 00:20:24,560 Speaker 1: examining Jamie nearly three weeks after this alleged August first incident, 359 00:20:24,600 --> 00:20:28,320 Speaker 1: when acute injuries like that would heal within just over 360 00:20:28,520 --> 00:20:32,959 Speaker 1: seventy two hours, and then testified about those findings at trial, 361 00:20:33,160 --> 00:20:37,639 Speaker 1: attributing them to the alleged August first incident, when Jamie's 362 00:20:37,680 --> 00:20:43,000 Speaker 1: diary clearly indicates that statutory rape happened within days of 363 00:20:43,040 --> 00:20:48,480 Speaker 1: this examination. So, James, did you hire a lawyer, and 364 00:20:48,680 --> 00:20:50,760 Speaker 1: what exactly did your lawyer do? 365 00:20:51,119 --> 00:20:53,399 Speaker 4: Well? At first I had a public defender that lawyer 366 00:20:53,400 --> 00:20:55,920 Speaker 4: never got me an expert dispute all that right. 367 00:20:56,000 --> 00:21:00,479 Speaker 1: So, with no expert to refute and Jamie's testimony, this 368 00:21:00,760 --> 00:21:04,280 Speaker 1: was basically a FATA complay. But there was still some 369 00:21:04,840 --> 00:21:08,679 Speaker 1: hope in that there were so many holes in Jamie's story, 370 00:21:09,240 --> 00:21:13,600 Speaker 1: especially about the carpet where she alleged that James deposited seamen, 371 00:21:14,240 --> 00:21:18,120 Speaker 1: which came up negative every time despite many efforts. Then 372 00:21:18,720 --> 00:21:23,000 Speaker 1: her ridiculous answer about the dog, you know, having eaten 373 00:21:23,040 --> 00:21:25,520 Speaker 1: the carpet, like my dog ate my homework, literally, and 374 00:21:25,520 --> 00:21:28,520 Speaker 1: then it gets even worse. The carpet in her story 375 00:21:28,680 --> 00:21:29,680 Speaker 1: changed colors. 376 00:21:29,880 --> 00:21:34,280 Speaker 2: She switched from her statement about the carpet being tan 377 00:21:34,680 --> 00:21:37,160 Speaker 2: or brown, which she'd said I think three or four 378 00:21:37,200 --> 00:21:39,679 Speaker 2: times at this point leading up to trial, to the 379 00:21:39,720 --> 00:21:43,439 Speaker 2: fact that the carpet was blue. In other words, no, Okay, 380 00:21:43,440 --> 00:21:45,800 Speaker 2: my story before about the dog chewing it, maybe that 381 00:21:45,840 --> 00:21:48,520 Speaker 2: doesn't seem reasonable. So let's just say it's a blue 382 00:21:48,520 --> 00:21:53,719 Speaker 2: carpet and it's a different carpet. Well, Dobell testified that 383 00:21:53,840 --> 00:21:56,760 Speaker 2: there was no blue carpet in the garage, again, Doebell's 384 00:21:56,760 --> 00:21:59,200 Speaker 2: in the carpet business, which is why we're talking about 385 00:21:59,280 --> 00:22:00,919 Speaker 2: carpet in the garage and what he knows about it. 386 00:22:00,960 --> 00:22:04,600 Speaker 2: But he said that months earlier that there was a 387 00:22:04,600 --> 00:22:06,919 Speaker 2: piece of blue carpet in the garage, but that it 388 00:22:06,960 --> 00:22:10,880 Speaker 2: had been out of there for months prior to when 389 00:22:10,920 --> 00:22:14,199 Speaker 2: this assault allegedly occurred, and that the only piece of 390 00:22:14,320 --> 00:22:17,879 Speaker 2: carpet that even remotely matched the description that she's talking about, 391 00:22:17,920 --> 00:22:20,600 Speaker 2: and that was that piece that was taken by the police, 392 00:22:20,720 --> 00:22:25,639 Speaker 2: that the criminalists testified that was laboratory tested and negative 393 00:22:25,960 --> 00:22:28,879 Speaker 2: for semen, and that it would have tested positive if 394 00:22:28,960 --> 00:22:31,800 Speaker 2: there had been any fluids on there. But a jury 395 00:22:31,880 --> 00:22:35,399 Speaker 2: of twelve people, with all the flaws and biases that 396 00:22:35,520 --> 00:22:39,040 Speaker 2: twelve people bring, seeing the testimony of a thirteen year 397 00:22:39,080 --> 00:22:42,880 Speaker 2: old girl accusing this man who has a prior felony, 398 00:22:42,920 --> 00:22:47,680 Speaker 2: non sexual felony on his record, is very compelling testimony. 399 00:22:48,000 --> 00:22:51,159 Speaker 2: It is the testimony of a child talking about the 400 00:22:51,200 --> 00:22:57,879 Speaker 2: abuse they've suffered. And James King is convicted and he 401 00:22:58,080 --> 00:23:02,600 Speaker 2: is sentenced to thirty five years to life in prison. 402 00:23:03,480 --> 00:23:06,200 Speaker 4: It was devastating because I knew I was innocent, that 403 00:23:06,320 --> 00:23:08,719 Speaker 4: I knew that this was all wrong. Man. I couldn't 404 00:23:08,720 --> 00:23:10,760 Speaker 4: believe it. You feel like somebody hit me with the 405 00:23:10,800 --> 00:23:13,800 Speaker 4: two x four right in the face. Man, twenty two 406 00:23:13,840 --> 00:23:16,119 Speaker 4: years old. I never even had an allegation that I 407 00:23:16,160 --> 00:23:18,920 Speaker 4: even touched a girl in a wrong way, and you 408 00:23:19,200 --> 00:23:20,000 Speaker 4: would hap to do me. 409 00:23:34,119 --> 00:23:38,440 Speaker 1: This episode is underwritten by Paul Weiss, Rifkin, Porton and Garrison, 410 00:23:38,640 --> 00:23:42,120 Speaker 1: a leading international law firm. Paul Weiss has long had 411 00:23:42,160 --> 00:23:46,440 Speaker 1: an unwavering commitment to providing impactful, pro bono legal assistance 412 00:23:46,480 --> 00:23:49,000 Speaker 1: to the most vulnerable members of our society and in 413 00:23:49,040 --> 00:23:52,840 Speaker 1: support of the public interest, including extensive work in the 414 00:23:52,840 --> 00:24:01,720 Speaker 1: criminal justice area. 415 00:24:02,880 --> 00:24:05,560 Speaker 4: Going to prison for a sex crime is very rough, 416 00:24:05,600 --> 00:24:09,000 Speaker 4: as dagerous guys in prison don't like that. I have 417 00:24:09,119 --> 00:24:12,360 Speaker 4: been jumped in prison. I have been beat down. See 418 00:24:12,400 --> 00:24:14,240 Speaker 4: what happened. The guy that I was selling up with, 419 00:24:14,520 --> 00:24:16,679 Speaker 4: he went through my vaperwork and found out what I 420 00:24:16,720 --> 00:24:17,960 Speaker 4: was in there for, and he went out in the 421 00:24:18,000 --> 00:24:20,119 Speaker 4: yard and told all the inmates what I was in 422 00:24:20,160 --> 00:24:21,959 Speaker 4: there for. And that's when they jumped me beat me up. 423 00:24:22,680 --> 00:24:25,440 Speaker 4: That happened to got to combate and I still got 424 00:24:25,440 --> 00:24:27,720 Speaker 4: to deal with it. You got to watch yourself in here. 425 00:24:28,320 --> 00:24:31,680 Speaker 4: Twenty four years I've been in here for nothing. My mother, 426 00:24:32,320 --> 00:24:34,439 Speaker 4: she's ninety years old, and I just don't want her 427 00:24:34,480 --> 00:24:36,880 Speaker 4: to die. Why I'm in prison. It's going to carry 428 00:24:36,920 --> 00:24:38,960 Speaker 4: me up then, you know, because I'm really close to 429 00:24:39,000 --> 00:24:40,639 Speaker 4: my mom and I just wanted to be out there 430 00:24:40,720 --> 00:24:42,960 Speaker 4: with her, and here I'm in here for nothing, you know, 431 00:24:43,000 --> 00:24:44,800 Speaker 4: and it's really eat me up through a man. 432 00:24:45,560 --> 00:24:48,520 Speaker 1: I know, James. We've spoken to your mom several times, 433 00:24:48,680 --> 00:24:52,399 Speaker 1: received many letters from her, and we promised her that 434 00:24:52,480 --> 00:24:55,520 Speaker 1: we do all we possibly can to make a difference 435 00:24:55,560 --> 00:24:58,080 Speaker 1: for you, which is one of the reasons why we're 436 00:24:58,119 --> 00:25:00,840 Speaker 1: here right now talking about it, shining a light on 437 00:25:00,880 --> 00:25:03,720 Speaker 1: this horrible injustice. So Ian tell us what happened in 438 00:25:03,760 --> 00:25:07,800 Speaker 1: post conviction. His early appeals were repeatedly denied through nineteen 439 00:25:07,840 --> 00:25:10,919 Speaker 1: ninety eight, ninety nine, all the way till two thousand 440 00:25:10,960 --> 00:25:15,000 Speaker 1: and nine, when finally he got to the federal habeas petition. Right. 441 00:25:15,480 --> 00:25:18,919 Speaker 2: Yes, and it is very hard to get even a 442 00:25:18,920 --> 00:25:21,800 Speaker 2: federal court to hear you on the merits of your claim. 443 00:25:22,040 --> 00:25:24,720 Speaker 2: It's even harder to win on the merits of your claim. 444 00:25:24,840 --> 00:25:28,119 Speaker 2: But his federal habeas petition made it through all of 445 00:25:28,200 --> 00:25:32,840 Speaker 2: the procedural barriers and the federal district judge ended up 446 00:25:33,000 --> 00:25:36,720 Speaker 2: granting his habeas petition on the claim of ineffective assistance 447 00:25:36,720 --> 00:25:40,359 Speaker 2: of counsel, basically saying his trial lawyer was ineffective for 448 00:25:40,520 --> 00:25:45,400 Speaker 2: failing to call a medical expert who could have rebutted 449 00:25:45,600 --> 00:25:49,920 Speaker 2: the testimony of doctor Valerie Barnes that Jamie had injuries 450 00:25:49,960 --> 00:25:53,920 Speaker 2: consistent with an assault by King. And she granted that 451 00:25:54,000 --> 00:25:59,240 Speaker 2: because the two doctors, Crawford and Coleman, had provided not 452 00:25:59,320 --> 00:26:04,040 Speaker 2: only a declarations, but witness testimony about what they saw 453 00:26:04,080 --> 00:26:07,440 Speaker 2: and about how wrong doctor Barnes was. So this judge 454 00:26:08,000 --> 00:26:11,920 Speaker 2: grants the ineffective assistance a council, And in making that finding, 455 00:26:11,960 --> 00:26:17,400 Speaker 2: this judge looked at Jamie's testimony and noted the serious 456 00:26:17,960 --> 00:26:21,840 Speaker 2: gaps and contradictions in her testimony, the statement about the 457 00:26:21,920 --> 00:26:24,840 Speaker 2: carpet and how it tested negative and then she said 458 00:26:24,880 --> 00:26:27,480 Speaker 2: the dog ate it, and then she changed and said 459 00:26:27,480 --> 00:26:30,240 Speaker 2: the carpet was blue. And all these things were noted 460 00:26:30,280 --> 00:26:32,960 Speaker 2: by the federal judge overturning his conviction. 461 00:26:33,800 --> 00:26:35,639 Speaker 1: I mean, and this is so long ago. This was 462 00:26:35,720 --> 00:26:38,960 Speaker 1: making me so sick. This is twelve long years ago, 463 00:26:39,240 --> 00:26:43,880 Speaker 1: and it should have ended there, but the DA decided 464 00:26:43,920 --> 00:26:47,520 Speaker 1: to retry mister King, charging him with three counts of 465 00:26:47,560 --> 00:26:50,600 Speaker 1: aggravated sexual assaults on a child and lude conduct with 466 00:26:50,720 --> 00:26:53,800 Speaker 1: a child, all of which he of course still pled 467 00:26:53,880 --> 00:26:57,320 Speaker 1: not guilty. And prior to the retrial this is important, 468 00:26:57,359 --> 00:26:59,880 Speaker 1: the prosecution offered him a deal, a plea. 469 00:27:00,520 --> 00:27:03,879 Speaker 2: He was presented with an option, will throw out the rape, 470 00:27:03,920 --> 00:27:06,320 Speaker 2: will throw out the oral cop If you just plead 471 00:27:06,400 --> 00:27:09,960 Speaker 2: to one count of lude conduct, you'll walk out a 472 00:27:10,000 --> 00:27:13,400 Speaker 2: freeman time served, you are free to go. You can 473 00:27:13,640 --> 00:27:16,200 Speaker 2: be back with your mother. And he turned it down. 474 00:27:16,560 --> 00:27:19,800 Speaker 2: No guilty person offered the chance to walk out of 475 00:27:19,800 --> 00:27:24,760 Speaker 2: prison or face retrial would say, fuck you, I'm innocent. 476 00:27:25,280 --> 00:27:25,840 Speaker 2: Retry me. 477 00:27:26,880 --> 00:27:30,760 Speaker 1: And he did that, and Jamie informed the prosecution that 478 00:27:30,840 --> 00:27:33,920 Speaker 1: she didn't object to the plea deal, but mister King, 479 00:27:34,240 --> 00:27:38,280 Speaker 1: that's amazing, I mean, that's so. But mister King rejected it, 480 00:27:38,359 --> 00:27:40,600 Speaker 1: maintaining his complete innocence. 481 00:27:40,440 --> 00:27:44,200 Speaker 2: And so they retried him. You know, the wrinkle here 482 00:27:44,359 --> 00:27:47,760 Speaker 2: that really stands out to me is that leading up 483 00:27:48,240 --> 00:27:51,920 Speaker 2: to the trial, some DA investigators did a few interviews 484 00:27:51,920 --> 00:27:56,560 Speaker 2: with Jamie, and in these interviews, Jamie accused King of 485 00:27:56,720 --> 00:28:00,520 Speaker 2: also sexually assaulting her in the living room in the 486 00:28:00,560 --> 00:28:05,159 Speaker 2: house and the prosecutors started sort of following up on it, 487 00:28:06,119 --> 00:28:09,199 Speaker 2: and then she admits, no, that's a lie. It was 488 00:28:09,240 --> 00:28:13,600 Speaker 2: actually Eli Roman that made me do that. So she 489 00:28:13,840 --> 00:28:17,080 Speaker 2: lying here again in twenty ten, so that was leading 490 00:28:17,119 --> 00:28:19,560 Speaker 2: up to the trial. So she goes into the courtroom 491 00:28:19,600 --> 00:28:24,679 Speaker 2: again and she tells the story again, and doctor Barnes says, 492 00:28:24,920 --> 00:28:26,200 Speaker 2: you know, does her thing again. 493 00:28:26,359 --> 00:28:29,000 Speaker 1: Her testimony remained consistent from the first trial, even though 494 00:28:29,040 --> 00:28:34,840 Speaker 1: she'd been called out by these renowned esteemed doctors. Right, 495 00:28:35,000 --> 00:28:40,440 Speaker 1: doctor James Crawford Jakubiak, who has received a Distinguished Service 496 00:28:40,480 --> 00:28:43,320 Speaker 1: Award from the Sexual Assault Investigator Association with California two 497 00:28:43,360 --> 00:28:45,840 Speaker 1: thousand and three. Since nineteen ninety four, had been listed 498 00:28:45,840 --> 00:28:49,200 Speaker 1: on the Best Doctors in America ninety percent of the 499 00:28:49,240 --> 00:28:52,880 Speaker 1: cases he testified, and he pressified for the prosecution. And 500 00:28:52,920 --> 00:28:56,440 Speaker 1: then there's doctor Lee Coleman, a psychiatrist with a specialty 501 00:28:56,520 --> 00:28:59,400 Speaker 1: in sexual abuse cases, who also testified and agreed with 502 00:28:59,480 --> 00:29:02,760 Speaker 1: doctor Carr. It's really is a mystery how he was 503 00:29:02,800 --> 00:29:06,240 Speaker 1: able to be convicted wrongly a second time. 504 00:29:06,520 --> 00:29:10,920 Speaker 2: Just simply on the testimony of Jamie and doctor Barnes. 505 00:29:11,680 --> 00:29:14,080 Speaker 2: Even though his conviction was overturned by a federal court. 506 00:29:14,960 --> 00:29:17,240 Speaker 2: And even though the federal judge made all those findings 507 00:29:17,280 --> 00:29:20,720 Speaker 2: about the holes and the evidence and the unbelievability of 508 00:29:20,800 --> 00:29:25,719 Speaker 2: Jamie's story, James King got retried and he got sentenced 509 00:29:25,920 --> 00:29:29,960 Speaker 2: again to thirty five years to life, and once again 510 00:29:30,280 --> 00:29:34,760 Speaker 2: the appellate process gears start turning. He has his direct 511 00:29:34,760 --> 00:29:38,719 Speaker 2: appeal in the California Court of Appeal habeas petitions and 512 00:29:38,840 --> 00:29:42,120 Speaker 2: those are denied once again. Actually, he filed a pro 513 00:29:42,280 --> 00:29:45,720 Speaker 2: per which means without a lawyer, basically by himself. He 514 00:29:46,160 --> 00:29:49,920 Speaker 2: chicken scratched out a federal habeas petition because he didn't 515 00:29:49,920 --> 00:29:53,400 Speaker 2: have counsel at the time. And this time they denied 516 00:29:53,440 --> 00:29:58,560 Speaker 2: it because the doctors testified at trial, and so even 517 00:29:58,600 --> 00:30:03,440 Speaker 2: though they had serious doubts about Jamie's credibility, you know, 518 00:30:03,520 --> 00:30:08,239 Speaker 2: the federal court said, we're not here to relitigate, you know, 519 00:30:08,280 --> 00:30:10,320 Speaker 2: who we believe and who we don't believe. That's not 520 00:30:10,440 --> 00:30:14,280 Speaker 2: our role. That's a jury's role. So our hands are 521 00:30:14,320 --> 00:30:18,080 Speaker 2: tied and we're going to deny your federal district habeas petition. 522 00:30:18,280 --> 00:30:22,680 Speaker 2: And then in twenty seventeen, my firm was contacted by 523 00:30:22,960 --> 00:30:25,480 Speaker 2: James and his mother, Lilian. You know, the first thing 524 00:30:25,520 --> 00:30:28,560 Speaker 2: that we do is start reading, you know, we get 525 00:30:28,600 --> 00:30:31,400 Speaker 2: the trial transcripts and we look at the direct appeal 526 00:30:31,480 --> 00:30:35,560 Speaker 2: briefs and the habeas petitions and the court's rulings. This 527 00:30:35,640 --> 00:30:38,960 Speaker 2: is one of those things where you feel your stomach turning. 528 00:30:39,240 --> 00:30:43,360 Speaker 2: It's hard to believe that this case has happened the 529 00:30:43,400 --> 00:30:47,480 Speaker 2: way it's happened, and that James is once again in 530 00:30:47,520 --> 00:30:50,920 Speaker 2: prison serving thirty five years to life based on the 531 00:30:50,960 --> 00:30:53,440 Speaker 2: state of the evidence in this case. If you talk 532 00:30:53,520 --> 00:30:57,320 Speaker 2: to any of the lawyers that have represented James throughout 533 00:30:57,400 --> 00:31:01,400 Speaker 2: this saga, each one of them will tell you the 534 00:31:01,440 --> 00:31:04,320 Speaker 2: same thing, that this is a man who is innocent, 535 00:31:05,000 --> 00:31:08,120 Speaker 2: and they believe it as much as they've ever believed 536 00:31:08,240 --> 00:31:11,400 Speaker 2: any case they've ever had. When you're in this field, 537 00:31:11,560 --> 00:31:14,239 Speaker 2: you see a lot of cases of a lot of 538 00:31:14,240 --> 00:31:18,400 Speaker 2: people saying they didn't do it, and maybe some of 539 00:31:18,400 --> 00:31:21,440 Speaker 2: them you agree with. Maybe some of them say, well, 540 00:31:21,440 --> 00:31:23,640 Speaker 2: I'm not sure if they didn't do it, but their 541 00:31:23,680 --> 00:31:26,960 Speaker 2: constitutional rights were violated at trial, and there are very 542 00:31:27,000 --> 00:31:32,440 Speaker 2: few that you would bet your eyeballs that they're factually innocent. 543 00:31:33,120 --> 00:31:36,160 Speaker 2: And this is a case that every lawyer who's touched it, 544 00:31:36,600 --> 00:31:40,600 Speaker 2: aside from a prosecutor would tell you that, and I'd 545 00:31:40,600 --> 00:31:59,400 Speaker 2: tell you that. After we got involved in the case, 546 00:31:59,680 --> 00:32:02,920 Speaker 2: what we saw was that the issue of false evidence 547 00:32:03,520 --> 00:32:07,720 Speaker 2: had never been raised. And our view of the evidence 548 00:32:07,800 --> 00:32:11,440 Speaker 2: and of the law is that the testimony that Jamie 549 00:32:11,480 --> 00:32:14,640 Speaker 2: gave that the rug was now blue is false. It's 550 00:32:14,640 --> 00:32:19,800 Speaker 2: demonstratively false, and the testimony of Valerie Barnes is false. 551 00:32:20,240 --> 00:32:24,800 Speaker 2: To eminently qualified doctors have said it's false, and they've 552 00:32:24,800 --> 00:32:27,560 Speaker 2: said it's absurd. They've said that the things that doctor 553 00:32:27,600 --> 00:32:30,680 Speaker 2: Barnes testified to but a cleft on the highmen and 554 00:32:30,720 --> 00:32:35,320 Speaker 2: things of that nature simply were not there, did not exist. 555 00:32:35,680 --> 00:32:40,080 Speaker 2: Her findings are absurd. So we file the habeas petition 556 00:32:40,360 --> 00:32:44,680 Speaker 2: alleging false evidence introduced at trial and the ineffective assistance 557 00:32:44,680 --> 00:32:47,120 Speaker 2: of his appellate counsel for failure to raise that issue. 558 00:32:47,240 --> 00:32:52,280 Speaker 2: The Superior Court actually requested some informal briefing on the issue, 559 00:32:53,160 --> 00:32:56,760 Speaker 2: and what the District Attorney's office came back with was, well, 560 00:32:56,880 --> 00:33:00,560 Speaker 2: we're just saying that there's a disagreement amongst experts. Doctor 561 00:33:00,600 --> 00:33:04,880 Speaker 2: Barnes's testimony isn't false. She testified to what she saw. 562 00:33:05,080 --> 00:33:09,000 Speaker 2: And then Crawford and Coleman testified to their findings and 563 00:33:09,040 --> 00:33:12,040 Speaker 2: the jury made their determinations, so you can't say that 564 00:33:12,040 --> 00:33:17,920 Speaker 2: that's false. And regarding the blue carpet, they said, well, 565 00:33:18,240 --> 00:33:22,160 Speaker 2: Jamie was just mistaken about whether the carpet was blue 566 00:33:22,240 --> 00:33:27,040 Speaker 2: or tan, and that explains everything. And we submitted a 567 00:33:27,080 --> 00:33:31,280 Speaker 2: reply brief saying basically, all that's clearly bullshit. You know, 568 00:33:31,320 --> 00:33:34,760 Speaker 2: look at this, look at the transcripts. You know he's innocent. 569 00:33:35,120 --> 00:33:39,880 Speaker 2: This evidence was false, and the Superior Court, not unsurprisingly 570 00:33:39,960 --> 00:33:43,320 Speaker 2: unfortunately denied the habeas petition. We filed in the California 571 00:33:43,320 --> 00:33:46,280 Speaker 2: Court of Appeal and it was denied, and so then 572 00:33:46,320 --> 00:33:50,480 Speaker 2: we filed hayeyastetition in the California Supreme Court. This is 573 00:33:50,560 --> 00:33:55,320 Speaker 2: our last forum here. And if this is denied, he's 574 00:33:55,360 --> 00:33:59,480 Speaker 2: already filed a federal habeast petition pro per by himself, 575 00:34:00,240 --> 00:34:02,320 Speaker 2: so we can't just go back to federal court and 576 00:34:02,400 --> 00:34:06,200 Speaker 2: knock on their door again. And I am deeply worried 577 00:34:06,960 --> 00:34:12,040 Speaker 2: that if the California Supreme Court denies this habeas petition, 578 00:34:12,840 --> 00:34:16,320 Speaker 2: that our only avenue at that point is to petition 579 00:34:16,360 --> 00:34:21,799 Speaker 2: the governor's office for clemency or commutation, which is a 580 00:34:21,920 --> 00:34:26,480 Speaker 2: difficult case to make when you have allegations like these. 581 00:34:27,200 --> 00:34:29,680 Speaker 1: Yeah, it's always a long shot, but it's also always 582 00:34:29,719 --> 00:34:31,480 Speaker 1: worth to try. And the good news is that you 583 00:34:31,560 --> 00:34:35,120 Speaker 1: have a great governor in California and his team, who 584 00:34:35,120 --> 00:34:37,800 Speaker 1: I've gotten to know are really terrific people. 585 00:34:38,000 --> 00:34:42,080 Speaker 2: We are going to sort of change dot org petition 586 00:34:42,360 --> 00:34:45,400 Speaker 2: that we would love for people who have heard about 587 00:34:45,400 --> 00:34:49,239 Speaker 2: this case and who agree that James King should not 588 00:34:49,440 --> 00:34:52,239 Speaker 2: spend any more time in prison than that he's an 589 00:34:52,239 --> 00:34:55,600 Speaker 2: innocent man. Would go to the link and read more 590 00:34:55,600 --> 00:34:58,400 Speaker 2: about the case and voice your support. 591 00:34:58,160 --> 00:35:01,319 Speaker 4: Once you see the evidence of se completely innocent of 592 00:35:01,400 --> 00:35:04,480 Speaker 4: this crime. And I just thank you to please people, 593 00:35:04,520 --> 00:35:06,799 Speaker 4: can you please sign my petition and. 594 00:35:06,719 --> 00:35:09,040 Speaker 1: We'll of course link to that in the bio, So 595 00:35:09,800 --> 00:35:13,920 Speaker 1: please do go to the bio sign the petition. There 596 00:35:13,920 --> 00:35:17,359 Speaker 1: will be other information as well. And now you know, 597 00:35:17,520 --> 00:35:19,319 Speaker 1: we go to the part of the show that we 598 00:35:19,440 --> 00:35:22,840 Speaker 1: call closing arguments. First of all, I thank you for 599 00:35:22,960 --> 00:35:26,520 Speaker 1: being with us, and of course, James, you know what 600 00:35:26,600 --> 00:35:30,000 Speaker 1: can I say except for the entire human race owes 601 00:35:30,040 --> 00:35:32,640 Speaker 1: you an apology and so much more, and I hope 602 00:35:32,640 --> 00:35:36,000 Speaker 1: that we're able to see you free in the not 603 00:35:36,080 --> 00:35:39,719 Speaker 1: too distant future. So and now closing arguments. I leave 604 00:35:39,800 --> 00:35:43,480 Speaker 1: your microphones on, turn mine off, kick back in my 605 00:35:43,640 --> 00:35:47,279 Speaker 1: chair with my headphones on, and just listen for anything 606 00:35:47,719 --> 00:35:50,759 Speaker 1: you want to say. Let's start with you, Ian and 607 00:35:50,840 --> 00:35:53,479 Speaker 1: save mister King. To close out the show. 608 00:35:54,280 --> 00:35:59,000 Speaker 2: James King is innocent. I think any fair minded person 609 00:35:59,520 --> 00:36:03,080 Speaker 2: looking at the facts of this case and the history 610 00:36:03,120 --> 00:36:06,400 Speaker 2: of this case would agree with there is an innocent 611 00:36:06,520 --> 00:36:12,120 Speaker 2: man who has served twenty four years and he didn't 612 00:36:12,400 --> 00:36:17,720 Speaker 2: do it. He's innocent. I don't fault Jamie. The circumstances 613 00:36:17,719 --> 00:36:21,040 Speaker 2: of her life leading up to this were horrible. She was, 614 00:36:22,120 --> 00:36:26,799 Speaker 2: in my view, being assaulted at that time, but by 615 00:36:26,840 --> 00:36:31,279 Speaker 2: somebody else, by somebody that she professed to love. When 616 00:36:31,320 --> 00:36:36,080 Speaker 2: it came to accusing somebody, she was able to accuse 617 00:36:36,200 --> 00:36:40,640 Speaker 2: James King of conduct that someone else had done to her. 618 00:36:41,200 --> 00:36:46,640 Speaker 2: These cases require evidence. You cannot simply take the word 619 00:36:47,239 --> 00:36:51,640 Speaker 2: of one person. They require corroboration, and when there's no 620 00:36:51,680 --> 00:36:55,200 Speaker 2: physical evidence, When there's no corroboration, that should be a 621 00:36:55,239 --> 00:36:58,200 Speaker 2: red flag. And then when the evidence comes back and 622 00:36:58,239 --> 00:37:03,680 Speaker 2: it contradicts allegations, that should be an even bigger red flag. 623 00:37:04,680 --> 00:37:10,800 Speaker 2: And then when those contradictions are absurd, that the dog 624 00:37:11,080 --> 00:37:16,200 Speaker 2: ate the evidence that the carpet magically switched colors, that 625 00:37:16,920 --> 00:37:21,080 Speaker 2: James King did this stuff to me. Oh wait a minute, sorry, 626 00:37:21,320 --> 00:37:24,120 Speaker 2: it was actually Eli Roman who did that stuff to me. 627 00:37:24,920 --> 00:37:29,719 Speaker 2: That should be a stop sign. It shouldn't happen at 628 00:37:29,719 --> 00:37:32,920 Speaker 2: that point. No one should have their life put in jeopardy. 629 00:37:33,000 --> 00:37:37,120 Speaker 2: And let's not sugarcoated. I mean this is it's a 630 00:37:37,160 --> 00:37:40,920 Speaker 2: death sentence. James King is going to die in prison 631 00:37:41,360 --> 00:37:45,919 Speaker 2: unless his conviction is overturned, his sentence is commuted. He's 632 00:37:45,920 --> 00:37:48,480 Speaker 2: not going to get out. He's sixty six years old now, 633 00:37:48,480 --> 00:37:52,120 Speaker 2: and he's not in great health. His mother's name is Lilian, 634 00:37:52,760 --> 00:37:55,800 Speaker 2: she's in her mid eighties and she is in rapidly 635 00:37:55,880 --> 00:37:59,480 Speaker 2: declining health. His one hope is to get out before 636 00:37:59,520 --> 00:38:01,719 Speaker 2: she died, and her one hope is to see her 637 00:38:01,719 --> 00:38:05,560 Speaker 2: son again outside of Prison's this is the kind of 638 00:38:05,680 --> 00:38:12,200 Speaker 2: case that you know, makes you question what you're doing 639 00:38:13,000 --> 00:38:16,320 Speaker 2: as a lawyer, if what you're doing has any value. 640 00:38:17,239 --> 00:38:22,520 Speaker 2: If we lose, if his conviction isn't overturned, have I failed? 641 00:38:24,680 --> 00:38:28,359 Speaker 2: If we lose, James King dies in prison, his mother 642 00:38:28,440 --> 00:38:30,560 Speaker 2: dies without ever seeing her son outside of prison again, 643 00:38:31,600 --> 00:38:35,680 Speaker 2: and you know I will have failed. 644 00:38:37,360 --> 00:38:39,000 Speaker 1: James Now, over you. 645 00:38:40,360 --> 00:38:40,600 Speaker 2: God. 646 00:38:40,680 --> 00:38:44,439 Speaker 4: I'm just I'm just just just begging that somebody will 647 00:38:44,520 --> 00:38:48,719 Speaker 4: please just help me. Just girl. Man, they hated me 648 00:38:48,800 --> 00:38:51,000 Speaker 4: because I am the one who got to be victed. 649 00:38:51,480 --> 00:38:54,399 Speaker 4: To see, they had nowhere to go. They were living 650 00:38:54,440 --> 00:38:56,799 Speaker 4: on the streets. They hadn't made there, and I came 651 00:38:56,840 --> 00:38:59,320 Speaker 4: along and I took it away from her. It was nothing, 652 00:38:59,360 --> 00:39:02,000 Speaker 4: but we did refigiling, man, That's why they did this. 653 00:39:03,280 --> 00:39:05,759 Speaker 4: I just pray that somebody will please. You can look 654 00:39:05,800 --> 00:39:08,880 Speaker 4: at my patiency, the evidence that I'm totally innocent of 655 00:39:08,920 --> 00:39:12,759 Speaker 4: this crime. My mom, she thanks you so much what 656 00:39:12,800 --> 00:39:15,359 Speaker 4: you're doing for me. She is so happy to hear this, 657 00:39:15,480 --> 00:39:18,160 Speaker 4: what you guys are doing now for me. She's so happy. 658 00:39:18,440 --> 00:39:20,399 Speaker 4: And I want you to know this that I want 659 00:39:20,400 --> 00:39:24,480 Speaker 4: you to know one thing, this never happened. This never happened. Man. 660 00:39:31,080 --> 00:39:34,120 Speaker 1: Thank you for listening to Wrongful Conviction. I'd like to 661 00:39:34,120 --> 00:39:37,840 Speaker 1: thank our production team Connor Hall, Jeff Clibern, and Kevin Wartis. 662 00:39:38,000 --> 00:39:41,080 Speaker 1: With research by Lyla Robinson. The music in this production 663 00:39:41,239 --> 00:39:44,560 Speaker 1: was supplied by three time Oscar nominated composer Jay Ralph. 664 00:39:44,719 --> 00:39:48,200 Speaker 1: Be sure to follow us on Instagram at Wrongful Conviction 665 00:39:48,440 --> 00:39:52,200 Speaker 1: on Facebook at Wrongful Conviction podcast and on Twitter at 666 00:39:52,239 --> 00:39:55,359 Speaker 1: Wrong Conviction, as well as at Lava for Good. On 667 00:39:55,480 --> 00:39:58,439 Speaker 1: all three platforms, you can also follow me on both 668 00:39:58,480 --> 00:40:02,680 Speaker 1: TikTok and Instagram at it's Jason flam Ravel. Conviction is 669 00:40:02,719 --> 00:40:05,440 Speaker 1: the production of Lava for Good podcasts and association with 670 00:40:05,520 --> 00:40:11,320 Speaker 1: Signal Company Number one