WEBVTT - #286 Jason Flom with James King - RE-RELEASE

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<v Speaker 1>Thankfully, many of our guests have been released from prison,

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<v Speaker 1>either before or after our coverage has been released, but

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<v Speaker 1>others have not been so fortunate, including the man whose

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<v Speaker 1>case we'd like to highlight again today, James King. Since

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<v Speaker 1>our initial release of his story, the California Supreme Court,

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<v Speaker 1>while providing no reasoning, denied James's habeas petition after sitting

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<v Speaker 1>on it for a year. His attorney, Ian Graham assures

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<v Speaker 1>us that he will not give up and is now

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<v Speaker 1>seeking clemency for the governor. Luckily, they've got a very

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<v Speaker 1>good man in office, Gavin Newsom, who we hope will

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<v Speaker 1>do what others have lacked the courage and conviction to do.

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<v Speaker 1>Here is his story of how a man's freedom was

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<v Speaker 1>literally stolen away by the provable lives of a child

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<v Speaker 1>at the insistence of her criminally vindictive mother. While renting

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<v Speaker 1>a room in Selinas, California, a woman named ruth Ann

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<v Speaker 1>supported her drug habit and her thirteen year old daughter

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<v Speaker 1>Jamie with welfare and prostitution. James King previously rented a

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<v Speaker 1>room in the same house else where he still received

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<v Speaker 1>mail and maintained friendships, including with ruth Ann's boyfriend Eric Barton.

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<v Speaker 1>And the landlord Doug do Bell. James would come by

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<v Speaker 1>occasionally to pick up his mail and socialize, as he

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<v Speaker 1>did on August first, nineteen ninety seven, for the Salinas Airshow.

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<v Speaker 1>A few days later, while Landlord Dug do Bell was

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<v Speaker 1>in Las Vegas, James intervened when he saw ruth Anne

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<v Speaker 1>trying to sell Doug's moped. Ruth Anne, who had already

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<v Speaker 1>pawned Doug's TV, threatened James that she would get back

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<v Speaker 1>at him if he ever told Doug. When Doug returned

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<v Speaker 1>for Vegas on August eleventh, James found himself accused of

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<v Speaker 1>stealing Doug's TV, which he firmly denied while reporting the

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<v Speaker 1>story about ruth Anne and the moped. When Eric Barton

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<v Speaker 1>confirmed that ruth Anne was the culprit, James found himself

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<v Speaker 1>accused once again, this time for the alleged August first

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<v Speaker 1>sexual assault of thirteen year old Jamie, during which time

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<v Speaker 1>he allegedly ejaculated on a tan carpet. When confronted with

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<v Speaker 1>the carpet testing negative for seamen, the young girl said

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<v Speaker 1>that her dog must have eaten it. She later changed

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<v Speaker 1>the story to a blue carpet that Dobell confirmed did

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<v Speaker 1>not exist. Despite these glaring red flags that DA used

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<v Speaker 1>Jamie's story and a medical experts testimony that has since

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<v Speaker 1>been characterized as absurd to send James away from thirty

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<v Speaker 1>five years to life. This is Wrongful Conviction with Jason Flamm.

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<v Speaker 1>Welcome back to Wrongful Conviction with Jason Flamm. Today you're

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<v Speaker 1>going to hear a story that is disturbing in so

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<v Speaker 1>many ways. This story is the story of a man

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<v Speaker 1>who's been in prison for a quarter century for a

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<v Speaker 1>crime that never happened. And it's got so many lies

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<v Speaker 1>in it that you'll you may need a pen and

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<v Speaker 1>paper to keep the lies. I mean, it's just absolutely

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<v Speaker 1>breathtaking the web that was woven in order to not

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<v Speaker 1>only convict but also keep this innocent man in prison

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<v Speaker 1>for this long. The attorney is Ian Graham. He's a

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<v Speaker 1>civil rights attorney with Cravis Graham and Zucker in California. Ian,

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<v Speaker 1>Welcome to Rafel Conviction.

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<v Speaker 2>Thanks Jason. It's a real pleasure to be here.

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<v Speaker 1>And soon you'll be hearing the phone ring and we'll

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<v Speaker 1>be hearing from the man himself. James King will be

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<v Speaker 1>calling in from the California Men's Colony, which is a.

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<v Speaker 1>I mean, it seems like sort of a benign name

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<v Speaker 1>for a place that is no place for an innocent

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<v Speaker 1>man to be. Oh, and here we go. We're going

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<v Speaker 1>to our call right now.

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<v Speaker 3>This is Global telling you have a prepaid call from

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<v Speaker 3>an inmate at the California Men's Colony, San Luis Obispo, California.

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<v Speaker 3>This call and your telephone number will be monitored and recorded.

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<v Speaker 3>To accept this call, say or dial five now. Thank

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<v Speaker 3>you for using Global tail Link.

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<v Speaker 4>Hello James, Hi, how finally get to talk to you.

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<v Speaker 1>Well, I'm so glad you're here too, even though I

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<v Speaker 1>really hate why you're here, or more to the point,

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<v Speaker 1>where you are.

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<v Speaker 4>Thank you.

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<v Speaker 1>So tell us a bit about your life growing up.

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<v Speaker 4>Yeah, okay, I grew up in Actually I was born

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<v Speaker 4>in Germany. My dad was in the army for twenty

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<v Speaker 4>five years and we came back to the United States

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<v Speaker 4>when I was like six years old, and then we

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<v Speaker 4>moved to California, and I've been in California all my life.

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<v Speaker 1>So you grew up in a military family. And we've

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<v Speaker 1>spoken with your mom, Lilyan, many times, and it sounds

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<v Speaker 1>like you had a relatively normal life working in the

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<v Speaker 1>moving business until you had a run in with the

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<v Speaker 1>law for burglary. Now that's a serious crime, but when

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<v Speaker 1>you hear the details of it, it was actually a

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<v Speaker 1>bit more benign than it sounds.

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<v Speaker 4>Go only three hundred dollars. So I was mad and

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<v Speaker 4>I shouldn't have done it, and I went in the

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<v Speaker 4>house and took a VCR. When I took it, I

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<v Speaker 4>even call her it, told her I took your VCR

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<v Speaker 4>and she called the police call me. That's how that happened,

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<v Speaker 4>and they got me for burglary. So I had to

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<v Speaker 4>plead guilty to it. I got a year in prison

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<v Speaker 4>for that. That was all it was to it. And

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<v Speaker 4>I should never done that.

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<v Speaker 1>So, okay, you knew this person and they owed you money,

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<v Speaker 1>and you obviously shouldn't have done that. You've acknowledged that

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<v Speaker 1>that was a dumb thing to do. But now you've

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<v Speaker 1>got one strike for burglary.

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<v Speaker 4>But I have no six grids in my life at all, man,

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<v Speaker 4>not even allegations that I'd done anything right.

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<v Speaker 1>So this was a non sexual crime. So why did

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<v Speaker 1>I even bring it up? You might be asking yourself. Well,

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<v Speaker 1>at the time, with the newly minted nineteen ninety four

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<v Speaker 1>Crime Bill, what this meant was that you had one

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<v Speaker 1>strike against you, so a second offense would mean doubling

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<v Speaker 1>any sentence. But for now you just got the one

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<v Speaker 1>year sentence. So you get out, go back to the

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<v Speaker 1>moving business doing odd jobs, and you're renting a room

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<v Speaker 1>from a man named Doug Dobell and Selenas, California.

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<v Speaker 4>Yeah, I was living in duglam Bill's out for about

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<v Speaker 4>seven months and I moved out and got my own place.

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<v Speaker 4>It was a ninety seventh and I was leaving Alenas

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<v Speaker 4>at the time. When I moved out. I still stay

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<v Speaker 4>friends with Doug and I had to go over her

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<v Speaker 4>and get my meal every day because I did not

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<v Speaker 4>pann my meal switch. I just kept it there at Doug's.

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<v Speaker 1>House, all right. So you were also doing some odd

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<v Speaker 1>jobs for Doug. You two guys had a mutual friend,

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<v Speaker 1>Eric Barton, who was dating a woman who had just

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<v Speaker 1>begun renting a room from Doug. And her name was

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<v Speaker 1>Ruth Ann, a woman who threw her own admission, had

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<v Speaker 1>suffered from manic depression, borderline multiple personality disordered drug addiction,

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<v Speaker 1>all while struggling to support her drug habit and her

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<v Speaker 1>thirteen year old daughter Jamie with the help of welfare

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<v Speaker 1>and prostitution. So now Ian this brings us to the

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<v Speaker 1>summer of nineteen ninety seven at Doug Dobell's house.

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<v Speaker 2>So, in the summer of nineteen ninety seven, there were

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<v Speaker 2>four or five people living there. In addition to Jamie

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<v Speaker 2>and ruth Anne, there was a woman named Bonnie Roman,

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<v Speaker 2>her husband and Bonnie's brother I believe named Eli Roman.

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<v Speaker 2>So on August first, nineteen ninety seven, James goes by

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<v Speaker 2>Dobell's house. I believe it was the day of the

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<v Speaker 2>Salinas Air Show. So he was going over to see Dobell.

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<v Speaker 2>And you know, he knew ruth Ann a little bit,

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<v Speaker 2>and you know, have a few beers for the air show.

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<v Speaker 2>And so he goes into the house and Eric Barton

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<v Speaker 2>is occupied in the bedroom with ruth Ann.

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<v Speaker 4>Ruthan wanted me to go to the store for her

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<v Speaker 4>and get some beer for her. She didn't have a car,

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<v Speaker 4>her car was broke down, so nice to me. When

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<v Speaker 4>I was going to the store, Jamie asked me because

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<v Speaker 4>she'd go and get a soda pop And I say,

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<v Speaker 4>to ask your mother, and her mother sits sure.

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<v Speaker 2>So King goes and gets some beer and comes back

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<v Speaker 2>to the house. Ruth Ann comes out and gets a

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<v Speaker 2>beer out of the fridge, and King's there and Jamie's there,

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<v Speaker 2>no issues, goes back into the bedroom with Barton, and

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<v Speaker 2>you know, the day goes off without a hitch. Over

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<v Speaker 2>the course of the next few days, while Doug Dobell

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<v Speaker 2>was still out of town in Las Vegas, James sees

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<v Speaker 2>ruth Anne trying to sell Dobell's mopead and intervenes and

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<v Speaker 2>stops her and tells her she can't be selling Dobell's property.

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<v Speaker 2>Ruth Anne and James got into a verbal altercation when

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<v Speaker 2>he prevented her from selling the moped.

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<v Speaker 4>I said, excuse me, sir, this is not ruth Dan's moulped.

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<v Speaker 4>This is the owner's moped. And if you buy this,

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<v Speaker 4>you're buying something that is stolen. And that's when ruth

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<v Speaker 4>Dan turned to me, you bastard, if you tell Doug

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<v Speaker 4>about this, she said, if we get if we're getting

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<v Speaker 4>picked it out of here because of you, I will

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<v Speaker 4>pay you back one hundred times over.

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<v Speaker 2>She had, also, by the way, pawned Dobell's television that

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<v Speaker 2>week when he was out of town. So on August eleventh,

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<v Speaker 2>Dobell returns from Las Vegas to his house and he

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<v Speaker 2>notices that there's property damaged. His TV is missing, and

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<v Speaker 2>James tells Dobell that ruth Anne had pawned the TV

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<v Speaker 2>and tried to sell themed and this was later confirmed

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<v Speaker 2>by Eric Barton, who had seen ruth Anner do this

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<v Speaker 2>stuff too. So Dobell and ruth Anne get into an

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<v Speaker 2>argument about her conduct while she's staying at the house,

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<v Speaker 2>and the next day, ruth Ann comes to Dobell with

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<v Speaker 2>Jamie and tells Dobell that James King has molested and

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<v Speaker 2>tried to rape Jamie. Dobell, who was horrified and actually

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<v Speaker 2>scared that he was going to be himself accused of

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<v Speaker 2>this assault, immediately calls the police and Dobell drives Jamie

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<v Speaker 2>and ruth Anne to the police station for Jamie to

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<v Speaker 2>be interviewed, and on the way to the police station,

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<v Speaker 2>ruth Ann is mad at Dobell because, as Dobell testified,

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<v Speaker 2>he didn't give ruth Anne and Jamie time for them

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<v Speaker 2>to get their stories straight.

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<v Speaker 1>Yeah, this is just the beginning, I mean yeah, And

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<v Speaker 1>so she is now grasping at straws because she's angry

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<v Speaker 1>that her scheme was sort of you know interrupted.

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<v Speaker 2>Yeah, well, but I guess maybe should give just a

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<v Speaker 2>brief background. You know, Jamie's thirteen years old, and this

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<v Speaker 2>is her mother who's working as a prostitute and has

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<v Speaker 2>been a drug addict. And Jamie would later testify that

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<v Speaker 2>she was raped when she was four, and she was

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<v Speaker 2>raped when she was eight, and as you'll see, will

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<v Speaker 2>become relevant later the second time. She also said that

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<v Speaker 2>there was a convenience store involved, and we have fairly

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<v Speaker 2>good evidence that she was also being sexually assaulted at

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<v Speaker 2>this time that we're talking about August of nineteen ninety seven,

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<v Speaker 2>just not by James King. So I have a great

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<v Speaker 2>deal of sympathy for Jamie and her situation. It doesn't

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<v Speaker 2>change the facts that we're going to develop going forward,

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<v Speaker 2>but that's just the circumstances that we're dealing with here.

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<v Speaker 1>So now this awful scenario is starting to grow legs,

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<v Speaker 1>so to speak. Right, Dobell has driven them down to

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<v Speaker 1>the police station. What happened at that interview.

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<v Speaker 2>Jamie was taken into a room separated from her mother

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<v Speaker 2>and interviewed by detectives. She said that on that day

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<v Speaker 2>of August first, when James King came over to the house,

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<v Speaker 2>that he was going to go to the convenience store

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<v Speaker 2>to buy beer, and that because there was no one

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<v Speaker 2>else around, he knocked on the bedroom door, interrupted Barton

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<v Speaker 2>and ruth Anne and asked ruth Anne whether he should

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<v Speaker 2>take Jamie to the store with him or just leave

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<v Speaker 2>her there, and ruth Anne said, yeah, why don't you

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<v Speaker 2>take her? So, she says, she and James drove to

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<v Speaker 2>the liquor store, convenience store, whatever it is. He got beer,

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<v Speaker 2>he bought Jamie a soda, and they're driving back and

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<v Speaker 2>she said that on the way back he pretended to

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<v Speaker 2>get lost and he began touching her thigh into her

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<v Speaker 2>private areas. And then they get back to the house.

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<v Speaker 2>Ruth Ann comes out of the bedroom, she gets a

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<v Speaker 2>beer from the fridge, goes back into the bedroom. She

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<v Speaker 2>sees Jamie. Nothing going on, no problem at that point,

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<v Speaker 2>according to Jamie, James takes her into the garage in

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<v Speaker 2>the house and on top of a piece of carpet

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<v Speaker 2>that's in the garage. Dobell by the ways in the

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<v Speaker 2>carpet business, so there's a fairly large square of carpet

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<v Speaker 2>that she says that he then forced her to orally

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<v Speaker 2>copulate him and that he raped her, and that he

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<v Speaker 2>ejaculated and the seamen went on the carpet. She was

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<v Speaker 2>actually very clear about that. The detectives asked her follow

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<v Speaker 2>up questions to make sure because they would be able

0:12:29.679 --> 0:12:32.760
<v Speaker 2>to then verify the story. So they asked her follow

0:12:32.800 --> 0:12:35.760
<v Speaker 2>up questions and she says, yes, it was a brown

0:12:36.000 --> 0:12:38.760
<v Speaker 2>or tan carpet. She told them where it was in

0:12:38.800 --> 0:12:41.920
<v Speaker 2>the garage. I think initially at least one of them

0:12:42.000 --> 0:12:45.240
<v Speaker 2>was slightly skeptical because for about a few things. Jamie

0:12:45.280 --> 0:12:48.840
<v Speaker 2>had said that the attack had lasted for seventy five minutes,

0:12:49.520 --> 0:12:52.640
<v Speaker 2>which seemed like an exceedingly long time, and there were

0:12:52.960 --> 0:12:55.240
<v Speaker 2>a few other details. So then they went over and

0:12:55.280 --> 0:12:59.080
<v Speaker 2>they interviewed ruth Ann, and ruth Anne said that King

0:12:59.120 --> 0:13:01.640
<v Speaker 2>had never come in and asks if he could take

0:13:01.760 --> 0:13:04.679
<v Speaker 2>Jamie to the store. That had never happened, that when

0:13:04.720 --> 0:13:07.320
<v Speaker 2>she came out of the bedroom, you know, she saw

0:13:07.400 --> 0:13:10.600
<v Speaker 2>Jamie sitting there reading a book, no problem, nothing seemed

0:13:10.600 --> 0:13:14.440
<v Speaker 2>out of order. Then she said that when Jamie told

0:13:14.440 --> 0:13:17.760
<v Speaker 2>her about the incident, she said that King had tried

0:13:17.760 --> 0:13:19.920
<v Speaker 2>to rape her, but not the story that she told

0:13:19.960 --> 0:13:24.080
<v Speaker 2>the police. The detectives then went back in with Jamie

0:13:24.200 --> 0:13:27.360
<v Speaker 2>and said, your mom said that you know, she didn't

0:13:27.600 --> 0:13:29.480
<v Speaker 2>see this and she didn't hear that, and that you

0:13:29.520 --> 0:13:31.840
<v Speaker 2>told her that it was only James had tried something.

0:13:32.120 --> 0:13:34.520
<v Speaker 2>And Jamie said, well, I don't know. I don't know

0:13:34.520 --> 0:13:36.640
<v Speaker 2>why my mom would say that. So there's already a

0:13:36.640 --> 0:13:40.080
<v Speaker 2>discrepancy there. And so then the detectives asked Jamie, well,

0:13:40.160 --> 0:13:43.560
<v Speaker 2>did you tell anybody about what happened to you at

0:13:43.600 --> 0:13:46.119
<v Speaker 2>the time that it happened or in the days afterwards.

0:13:46.440 --> 0:13:49.320
<v Speaker 2>Jamie says, the only person that I told the next

0:13:49.440 --> 0:13:53.400
<v Speaker 2>day was my friend Erica. Erica then says, no, that

0:13:53.480 --> 0:13:57.480
<v Speaker 2>didn't happen. Erica says that she does remember Jamie telling

0:13:57.520 --> 0:14:02.800
<v Speaker 2>her that King had assaulted her, but that happened after

0:14:02.880 --> 0:14:05.360
<v Speaker 2>Dobell had gotten home, So, in other words, it had

0:14:05.360 --> 0:14:09.240
<v Speaker 2>happened sometime after August eleventh, more than ten days after

0:14:09.559 --> 0:14:13.120
<v Speaker 2>the attack. So there were some flags in the story

0:14:13.320 --> 0:14:15.040
<v Speaker 2>just from the beginning here.

0:14:15.360 --> 0:14:17.400
<v Speaker 1>There are a lot of flags, and the story really

0:14:17.480 --> 0:14:20.560
<v Speaker 1>is just getting started, because when you hear what happens

0:14:20.680 --> 0:14:25.200
<v Speaker 1>next and the way these lies start to unravel, it

0:14:25.240 --> 0:14:27.240
<v Speaker 1>would be comical if it wasn't tragic.

0:14:27.520 --> 0:14:33.240
<v Speaker 2>So when the interview concludes, officer Hickman. He goes immediately

0:14:33.480 --> 0:14:37.240
<v Speaker 2>to Dobell's house and Dobell takes him into the garage

0:14:37.480 --> 0:14:43.680
<v Speaker 2>and there is a tan or brown carpet exactly in

0:14:43.760 --> 0:14:47.880
<v Speaker 2>the place that Jamie described it. Dobell tells the officer

0:14:48.000 --> 0:14:50.400
<v Speaker 2>it's been for at least a month, and it's the

0:14:50.400 --> 0:14:53.840
<v Speaker 2>only one that's been in this garage for several months.

0:14:54.120 --> 0:14:56.960
<v Speaker 2>So the officer takes that carpet and they have it

0:14:57.080 --> 0:15:01.200
<v Speaker 2>laboratory tested for semen and it tests negative.

0:15:02.400 --> 0:15:03.800
<v Speaker 3>And just so.

0:15:03.720 --> 0:15:08.640
<v Speaker 2>They're sure, they take two other pieces of carpet, not

0:15:08.760 --> 0:15:12.200
<v Speaker 2>even remotely where Jamie said they were or fitting description,

0:15:12.280 --> 0:15:13.760
<v Speaker 2>but they just wanted to be thorough, so they grabbed

0:15:13.760 --> 0:15:17.880
<v Speaker 2>two other pieces and they test those. They test negative.

0:15:18.840 --> 0:15:22.680
<v Speaker 2>The detectives then went back asked again for Jamie to

0:15:22.760 --> 0:15:25.960
<v Speaker 2>tell the story, and again Jamie tells a story, talks

0:15:26.000 --> 0:15:28.200
<v Speaker 2>about King, he talks about how he ejaculated on the

0:15:28.200 --> 0:15:30.880
<v Speaker 2>tan or brown carpet. So then the officer says, you know,

0:15:30.960 --> 0:15:35.080
<v Speaker 2>we had that carpet tested and it didn't show that

0:15:35.160 --> 0:15:37.680
<v Speaker 2>there was any semen on it. It didn't come back,

0:15:37.720 --> 0:15:45.120
<v Speaker 2>didn't test positive. There was none. And Jamie says, that's

0:15:45.240 --> 0:15:48.720
<v Speaker 2>because my dog ate that part of the carpet.

0:15:50.040 --> 0:15:52.920
<v Speaker 1>That's because my dog ate that part of the.

0:15:52.920 --> 0:15:57.600
<v Speaker 2>Carpet, right, And you know, these are the things that

0:15:57.640 --> 0:15:59.600
<v Speaker 2>a thirteen year old girl might say, which he's caught

0:15:59.640 --> 0:16:02.200
<v Speaker 2>in a line. So the officer says, your dog ate it,

0:16:02.240 --> 0:16:04.640
<v Speaker 2>and she says, well, also, I think my mom may

0:16:04.680 --> 0:16:07.960
<v Speaker 2>have cut it up and maybe then also washed it.

0:16:08.600 --> 0:16:12.440
<v Speaker 2>And the officer says, well, the carpet doesn't look like

0:16:12.440 --> 0:16:16.160
<v Speaker 2>it's damaged in any way. And Jamie didn't have anything

0:16:16.160 --> 0:16:19.640
<v Speaker 2>to say to that. So that is the state of

0:16:19.680 --> 0:16:24.000
<v Speaker 2>the evidence that was turned over to the District Attorney's office.

0:16:24.640 --> 0:16:27.480
<v Speaker 1>This is where it should have ended, right, Yes, this

0:16:27.600 --> 0:16:30.320
<v Speaker 1>was a moment right where the DA had that opportunity

0:16:30.360 --> 0:16:33.080
<v Speaker 1>to say, you know what, none of this makes any

0:16:33.080 --> 0:16:36.760
<v Speaker 1>fucking sense. Yeah, so, you know, unless you guys can

0:16:36.800 --> 0:16:42.000
<v Speaker 1>bring me something, you know, some physical evidence. I witnessed testimony,

0:16:42.880 --> 0:16:46.680
<v Speaker 1>some something other than a tangled web of lives from

0:16:46.720 --> 0:16:49.400
<v Speaker 1>a poor child. I'm not going to prosecute this case.

0:16:49.440 --> 0:16:50.480
<v Speaker 1>But that's not what happened.

0:16:50.760 --> 0:16:54.320
<v Speaker 2>Yeah, Well, they try to build some corroboration and on

0:16:54.400 --> 0:16:56.840
<v Speaker 2>about August I think it was nineteenth or so, almost

0:16:56.880 --> 0:17:00.560
<v Speaker 2>three weeks or so after this alleged attack by King.

0:17:01.040 --> 0:17:06.040
<v Speaker 2>They have the prosecution's medical expert, doctor Valerie Barnes, examined

0:17:06.320 --> 0:17:10.520
<v Speaker 2>Jamie and she says, oh, I saw a red spot

0:17:10.640 --> 0:17:14.600
<v Speaker 2>on Jamie's mouth, and I saw redness in her vagina

0:17:14.720 --> 0:17:17.399
<v Speaker 2>and a cleft on the hymen, and you know, a

0:17:17.560 --> 0:17:22.000
<v Speaker 2>streaking here, and these are consistent with the sexual assault

0:17:22.080 --> 0:17:26.359
<v Speaker 2>as she described it. That's just simply false. It's false.

0:17:26.480 --> 0:17:31.040
<v Speaker 2>And we know it's false because when James King's conviction

0:17:31.280 --> 0:17:35.240
<v Speaker 2>was overturned for the first time, it was overturned because

0:17:36.160 --> 0:17:39.679
<v Speaker 2>his lawyer had failed to call a medical expert to

0:17:39.760 --> 0:17:45.240
<v Speaker 2>rebut that testimony from Valerie Barnes. And if they had

0:17:45.280 --> 0:17:48.000
<v Speaker 2>called a medical expert to rebut that testimony, this is

0:17:48.000 --> 0:17:51.239
<v Speaker 2>a federal judge talking, it would have demonstrated that it

0:17:51.320 --> 0:17:56.360
<v Speaker 2>wasn't true. And we know that because doctors Crawford and Coleman,

0:17:56.520 --> 0:18:00.639
<v Speaker 2>and they are eminently qualified in child' saise sexual assault

0:18:00.720 --> 0:18:06.280
<v Speaker 2>cases and typically testify for the prosecution, reviewed doctor Barnes's

0:18:06.320 --> 0:18:10.119
<v Speaker 2>examination of Jamie and did their own examination of the

0:18:10.160 --> 0:18:14.800
<v Speaker 2>same pictures and everything in Barnes looked at, and they

0:18:15.000 --> 0:18:20.280
<v Speaker 2>concluded that Barnes' findings were medically absurd. To the point

0:18:20.359 --> 0:18:24.640
<v Speaker 2>of showing bias. That none of the injuries or red

0:18:24.680 --> 0:18:28.119
<v Speaker 2>spots that they saw were indicative of an assault that

0:18:28.280 --> 0:18:32.200
<v Speaker 2>happened on August first, or anytime around then. Acute sexual

0:18:32.240 --> 0:18:35.480
<v Speaker 2>assault injuries like that heal within seventy two hours, maybe

0:18:35.520 --> 0:18:38.400
<v Speaker 2>a week at most. They said that what Barnes saw

0:18:38.440 --> 0:18:41.919
<v Speaker 2>were simply normal markings and that there was no cleft

0:18:41.960 --> 0:18:44.440
<v Speaker 2>on a hymen. They could see it clearly. But those

0:18:44.520 --> 0:18:50.000
<v Speaker 2>absurd findings had the benefit for the prosecution of corroborating

0:18:50.119 --> 0:18:54.520
<v Speaker 2>Jamie's story because they said, these are consistent with the assault.

0:18:55.760 --> 0:18:57.199
<v Speaker 2>So there's your corroboration.

0:18:57.520 --> 0:19:00.600
<v Speaker 1>Yeah, nice expert. And before we move on to inevitable

0:19:00.600 --> 0:19:04.159
<v Speaker 1>in this trial, authorities had another opportunity to do the

0:19:04.200 --> 0:19:07.800
<v Speaker 1>right thing here, but it too went completely ignored.

0:19:08.240 --> 0:19:12.160
<v Speaker 2>Shortly after the allegations came up and the investigation started going,

0:19:12.280 --> 0:19:15.960
<v Speaker 2>Dobell found Jamie's diary in her room and he turned

0:19:15.960 --> 0:19:19.400
<v Speaker 2>it over to the police. And in that diary, Jamie

0:19:19.800 --> 0:19:24.600
<v Speaker 2>wrote about a man named Eli who she was in

0:19:24.600 --> 0:19:27.840
<v Speaker 2>love with and who did stuff to her. And she

0:19:28.000 --> 0:19:30.800
<v Speaker 2>would write things like do you really love me? Or

0:19:30.800 --> 0:19:32.960
<v Speaker 2>do you just want to do those things to me?

0:19:34.040 --> 0:19:37.520
<v Speaker 2>And this would seem like is Eli Roman, who was

0:19:37.560 --> 0:19:39.920
<v Speaker 2>living in the house and who was in his mid

0:19:39.960 --> 0:19:43.800
<v Speaker 2>to late twenties at the time, And remarkably, she wrote

0:19:43.880 --> 0:19:47.800
<v Speaker 2>about some sort of sexual interaction with Eli on the

0:19:47.880 --> 0:19:50.720
<v Speaker 2>day or within a day of when she accused King.

0:19:51.080 --> 0:19:53.480
<v Speaker 2>So in her diary there's something on August twelfth or

0:19:53.480 --> 0:19:56.879
<v Speaker 2>thirteenth about you know, Eli and you know, doing stuff

0:19:56.880 --> 0:20:00.280
<v Speaker 2>to her. So at trial she's asked about this and

0:20:00.359 --> 0:20:03.119
<v Speaker 2>she denies it all and she says, no, no, I

0:20:03.240 --> 0:20:05.520
<v Speaker 2>just write stuff in there, didn't have anything to do

0:20:05.640 --> 0:20:09.680
<v Speaker 2>with Eli. So you know, it's even a bit richer

0:20:09.720 --> 0:20:13.240
<v Speaker 2>here where you actually have someone who is assaulting her

0:20:13.520 --> 0:20:16.600
<v Speaker 2>who she professes to love in her diary, right.

0:20:16.480 --> 0:20:19.919
<v Speaker 1>Which just adds to the total absurdity of doctor Barnes

0:20:20.000 --> 0:20:24.560
<v Speaker 1>examining Jamie nearly three weeks after this alleged August first incident,

0:20:24.600 --> 0:20:28.320
<v Speaker 1>when acute injuries like that would heal within just over

0:20:28.520 --> 0:20:32.959
<v Speaker 1>seventy two hours, and then testified about those findings at trial,

0:20:33.160 --> 0:20:37.639
<v Speaker 1>attributing them to the alleged August first incident, when Jamie's

0:20:37.680 --> 0:20:43.000
<v Speaker 1>diary clearly indicates that statutory rape happened within days of

0:20:43.040 --> 0:20:48.480
<v Speaker 1>this examination. So, James, did you hire a lawyer, and

0:20:48.680 --> 0:20:50.760
<v Speaker 1>what exactly did your lawyer do?

0:20:51.119 --> 0:20:53.399
<v Speaker 4>Well? At first I had a public defender that lawyer

0:20:53.400 --> 0:20:55.920
<v Speaker 4>never got me an expert dispute all that right.

0:20:56.000 --> 0:21:00.479
<v Speaker 1>So, with no expert to refute and Jamie's testimony, this

0:21:00.760 --> 0:21:04.280
<v Speaker 1>was basically a FATA complay. But there was still some

0:21:04.840 --> 0:21:08.679
<v Speaker 1>hope in that there were so many holes in Jamie's story,

0:21:09.240 --> 0:21:13.600
<v Speaker 1>especially about the carpet where she alleged that James deposited seamen,

0:21:14.240 --> 0:21:18.120
<v Speaker 1>which came up negative every time despite many efforts. Then

0:21:18.720 --> 0:21:23.000
<v Speaker 1>her ridiculous answer about the dog, you know, having eaten

0:21:23.040 --> 0:21:25.520
<v Speaker 1>the carpet, like my dog ate my homework, literally, and

0:21:25.520 --> 0:21:28.520
<v Speaker 1>then it gets even worse. The carpet in her story

0:21:28.680 --> 0:21:29.680
<v Speaker 1>changed colors.

0:21:29.880 --> 0:21:34.280
<v Speaker 2>She switched from her statement about the carpet being tan

0:21:34.680 --> 0:21:37.160
<v Speaker 2>or brown, which she'd said I think three or four

0:21:37.200 --> 0:21:39.679
<v Speaker 2>times at this point leading up to trial, to the

0:21:39.720 --> 0:21:43.439
<v Speaker 2>fact that the carpet was blue. In other words, no, Okay,

0:21:43.440 --> 0:21:45.800
<v Speaker 2>my story before about the dog chewing it, maybe that

0:21:45.840 --> 0:21:48.520
<v Speaker 2>doesn't seem reasonable. So let's just say it's a blue

0:21:48.520 --> 0:21:53.719
<v Speaker 2>carpet and it's a different carpet. Well, Dobell testified that

0:21:53.840 --> 0:21:56.760
<v Speaker 2>there was no blue carpet in the garage, again, Doebell's

0:21:56.760 --> 0:21:59.200
<v Speaker 2>in the carpet business, which is why we're talking about

0:21:59.280 --> 0:22:00.919
<v Speaker 2>carpet in the garage and what he knows about it.

0:22:00.960 --> 0:22:04.600
<v Speaker 2>But he said that months earlier that there was a

0:22:04.600 --> 0:22:06.919
<v Speaker 2>piece of blue carpet in the garage, but that it

0:22:06.960 --> 0:22:10.880
<v Speaker 2>had been out of there for months prior to when

0:22:10.920 --> 0:22:14.199
<v Speaker 2>this assault allegedly occurred, and that the only piece of

0:22:14.320 --> 0:22:17.879
<v Speaker 2>carpet that even remotely matched the description that she's talking about,

0:22:17.920 --> 0:22:20.600
<v Speaker 2>and that was that piece that was taken by the police,

0:22:20.720 --> 0:22:25.639
<v Speaker 2>that the criminalists testified that was laboratory tested and negative

0:22:25.960 --> 0:22:28.879
<v Speaker 2>for semen, and that it would have tested positive if

0:22:28.960 --> 0:22:31.800
<v Speaker 2>there had been any fluids on there. But a jury

0:22:31.880 --> 0:22:35.399
<v Speaker 2>of twelve people, with all the flaws and biases that

0:22:35.520 --> 0:22:39.040
<v Speaker 2>twelve people bring, seeing the testimony of a thirteen year

0:22:39.080 --> 0:22:42.880
<v Speaker 2>old girl accusing this man who has a prior felony,

0:22:42.920 --> 0:22:47.680
<v Speaker 2>non sexual felony on his record, is very compelling testimony.

0:22:48.000 --> 0:22:51.159
<v Speaker 2>It is the testimony of a child talking about the

0:22:51.200 --> 0:22:57.879
<v Speaker 2>abuse they've suffered. And James King is convicted and he

0:22:58.080 --> 0:23:02.600
<v Speaker 2>is sentenced to thirty five years to life in prison.

0:23:03.480 --> 0:23:06.200
<v Speaker 4>It was devastating because I knew I was innocent, that

0:23:06.320 --> 0:23:08.719
<v Speaker 4>I knew that this was all wrong. Man. I couldn't

0:23:08.720 --> 0:23:10.760
<v Speaker 4>believe it. You feel like somebody hit me with the

0:23:10.800 --> 0:23:13.800
<v Speaker 4>two x four right in the face. Man, twenty two

0:23:13.840 --> 0:23:16.119
<v Speaker 4>years old. I never even had an allegation that I

0:23:16.160 --> 0:23:18.920
<v Speaker 4>even touched a girl in a wrong way, and you

0:23:19.200 --> 0:23:20.000
<v Speaker 4>would hap to do me.

0:23:34.119 --> 0:23:38.440
<v Speaker 1>This episode is underwritten by Paul Weiss, Rifkin, Porton and Garrison,

0:23:38.640 --> 0:23:42.120
<v Speaker 1>a leading international law firm. Paul Weiss has long had

0:23:42.160 --> 0:23:46.440
<v Speaker 1>an unwavering commitment to providing impactful, pro bono legal assistance

0:23:46.480 --> 0:23:49.000
<v Speaker 1>to the most vulnerable members of our society and in

0:23:49.040 --> 0:23:52.840
<v Speaker 1>support of the public interest, including extensive work in the

0:23:52.840 --> 0:24:01.720
<v Speaker 1>criminal justice area.

0:24:02.880 --> 0:24:05.560
<v Speaker 4>Going to prison for a sex crime is very rough,

0:24:05.600 --> 0:24:09.000
<v Speaker 4>as dagerous guys in prison don't like that. I have

0:24:09.119 --> 0:24:12.360
<v Speaker 4>been jumped in prison. I have been beat down. See

0:24:12.400 --> 0:24:14.240
<v Speaker 4>what happened. The guy that I was selling up with,

0:24:14.520 --> 0:24:16.679
<v Speaker 4>he went through my vaperwork and found out what I

0:24:16.720 --> 0:24:17.960
<v Speaker 4>was in there for, and he went out in the

0:24:18.000 --> 0:24:20.119
<v Speaker 4>yard and told all the inmates what I was in

0:24:20.160 --> 0:24:21.959
<v Speaker 4>there for. And that's when they jumped me beat me up.

0:24:22.680 --> 0:24:25.440
<v Speaker 4>That happened to got to combate and I still got

0:24:25.440 --> 0:24:27.720
<v Speaker 4>to deal with it. You got to watch yourself in here.

0:24:28.320 --> 0:24:31.680
<v Speaker 4>Twenty four years I've been in here for nothing. My mother,

0:24:32.320 --> 0:24:34.439
<v Speaker 4>she's ninety years old, and I just don't want her

0:24:34.480 --> 0:24:36.880
<v Speaker 4>to die. Why I'm in prison. It's going to carry

0:24:36.920 --> 0:24:38.960
<v Speaker 4>me up then, you know, because I'm really close to

0:24:39.000 --> 0:24:40.639
<v Speaker 4>my mom and I just wanted to be out there

0:24:40.720 --> 0:24:42.960
<v Speaker 4>with her, and here I'm in here for nothing, you know,

0:24:43.000 --> 0:24:44.800
<v Speaker 4>and it's really eat me up through a man.

0:24:45.560 --> 0:24:48.520
<v Speaker 1>I know, James. We've spoken to your mom several times,

0:24:48.680 --> 0:24:52.399
<v Speaker 1>received many letters from her, and we promised her that

0:24:52.480 --> 0:24:55.520
<v Speaker 1>we do all we possibly can to make a difference

0:24:55.560 --> 0:24:58.080
<v Speaker 1>for you, which is one of the reasons why we're

0:24:58.119 --> 0:25:00.840
<v Speaker 1>here right now talking about it, shining a light on

0:25:00.880 --> 0:25:03.720
<v Speaker 1>this horrible injustice. So Ian tell us what happened in

0:25:03.760 --> 0:25:07.800
<v Speaker 1>post conviction. His early appeals were repeatedly denied through nineteen

0:25:07.840 --> 0:25:10.919
<v Speaker 1>ninety eight, ninety nine, all the way till two thousand

0:25:10.960 --> 0:25:15.000
<v Speaker 1>and nine, when finally he got to the federal habeas petition. Right.

0:25:15.480 --> 0:25:18.919
<v Speaker 2>Yes, and it is very hard to get even a

0:25:18.920 --> 0:25:21.800
<v Speaker 2>federal court to hear you on the merits of your claim.

0:25:22.040 --> 0:25:24.720
<v Speaker 2>It's even harder to win on the merits of your claim.

0:25:24.840 --> 0:25:28.119
<v Speaker 2>But his federal habeas petition made it through all of

0:25:28.200 --> 0:25:32.840
<v Speaker 2>the procedural barriers and the federal district judge ended up

0:25:33.000 --> 0:25:36.720
<v Speaker 2>granting his habeas petition on the claim of ineffective assistance

0:25:36.720 --> 0:25:40.359
<v Speaker 2>of counsel, basically saying his trial lawyer was ineffective for

0:25:40.520 --> 0:25:45.400
<v Speaker 2>failing to call a medical expert who could have rebutted

0:25:45.600 --> 0:25:49.920
<v Speaker 2>the testimony of doctor Valerie Barnes that Jamie had injuries

0:25:49.960 --> 0:25:53.920
<v Speaker 2>consistent with an assault by King. And she granted that

0:25:54.000 --> 0:25:59.240
<v Speaker 2>because the two doctors, Crawford and Coleman, had provided not

0:25:59.320 --> 0:26:04.040
<v Speaker 2>only a declarations, but witness testimony about what they saw

0:26:04.080 --> 0:26:07.440
<v Speaker 2>and about how wrong doctor Barnes was. So this judge

0:26:08.000 --> 0:26:11.920
<v Speaker 2>grants the ineffective assistance a council, And in making that finding,

0:26:11.960 --> 0:26:17.400
<v Speaker 2>this judge looked at Jamie's testimony and noted the serious

0:26:17.960 --> 0:26:21.840
<v Speaker 2>gaps and contradictions in her testimony, the statement about the

0:26:21.920 --> 0:26:24.840
<v Speaker 2>carpet and how it tested negative and then she said

0:26:24.880 --> 0:26:27.480
<v Speaker 2>the dog ate it, and then she changed and said

0:26:27.480 --> 0:26:30.240
<v Speaker 2>the carpet was blue. And all these things were noted

0:26:30.280 --> 0:26:32.960
<v Speaker 2>by the federal judge overturning his conviction.

0:26:33.800 --> 0:26:35.639
<v Speaker 1>I mean, and this is so long ago. This was

0:26:35.720 --> 0:26:38.960
<v Speaker 1>making me so sick. This is twelve long years ago,

0:26:39.240 --> 0:26:43.880
<v Speaker 1>and it should have ended there, but the DA decided

0:26:43.920 --> 0:26:47.520
<v Speaker 1>to retry mister King, charging him with three counts of

0:26:47.560 --> 0:26:50.600
<v Speaker 1>aggravated sexual assaults on a child and lude conduct with

0:26:50.720 --> 0:26:53.800
<v Speaker 1>a child, all of which he of course still pled

0:26:53.880 --> 0:26:57.320
<v Speaker 1>not guilty. And prior to the retrial this is important,

0:26:57.359 --> 0:26:59.880
<v Speaker 1>the prosecution offered him a deal, a plea.

0:27:00.520 --> 0:27:03.879
<v Speaker 2>He was presented with an option, will throw out the rape,

0:27:03.920 --> 0:27:06.320
<v Speaker 2>will throw out the oral cop If you just plead

0:27:06.400 --> 0:27:09.960
<v Speaker 2>to one count of lude conduct, you'll walk out a

0:27:10.000 --> 0:27:13.400
<v Speaker 2>freeman time served, you are free to go. You can

0:27:13.640 --> 0:27:16.200
<v Speaker 2>be back with your mother. And he turned it down.

0:27:16.560 --> 0:27:19.800
<v Speaker 2>No guilty person offered the chance to walk out of

0:27:19.800 --> 0:27:24.760
<v Speaker 2>prison or face retrial would say, fuck you, I'm innocent.

0:27:25.280 --> 0:27:25.840
<v Speaker 2>Retry me.

0:27:26.880 --> 0:27:30.760
<v Speaker 1>And he did that, and Jamie informed the prosecution that

0:27:30.840 --> 0:27:33.920
<v Speaker 1>she didn't object to the plea deal, but mister King,

0:27:34.240 --> 0:27:38.280
<v Speaker 1>that's amazing, I mean, that's so. But mister King rejected it,

0:27:38.359 --> 0:27:40.600
<v Speaker 1>maintaining his complete innocence.

0:27:40.440 --> 0:27:44.200
<v Speaker 2>And so they retried him. You know, the wrinkle here

0:27:44.359 --> 0:27:47.760
<v Speaker 2>that really stands out to me is that leading up

0:27:48.240 --> 0:27:51.920
<v Speaker 2>to the trial, some DA investigators did a few interviews

0:27:51.920 --> 0:27:56.560
<v Speaker 2>with Jamie, and in these interviews, Jamie accused King of

0:27:56.720 --> 0:28:00.520
<v Speaker 2>also sexually assaulting her in the living room in the

0:28:00.560 --> 0:28:05.159
<v Speaker 2>house and the prosecutors started sort of following up on it,

0:28:06.119 --> 0:28:09.199
<v Speaker 2>and then she admits, no, that's a lie. It was

0:28:09.240 --> 0:28:13.600
<v Speaker 2>actually Eli Roman that made me do that. So she

0:28:13.840 --> 0:28:17.080
<v Speaker 2>lying here again in twenty ten, so that was leading

0:28:17.119 --> 0:28:19.560
<v Speaker 2>up to the trial. So she goes into the courtroom

0:28:19.600 --> 0:28:24.679
<v Speaker 2>again and she tells the story again, and doctor Barnes says,

0:28:24.920 --> 0:28:26.200
<v Speaker 2>you know, does her thing again.

0:28:26.359 --> 0:28:29.000
<v Speaker 1>Her testimony remained consistent from the first trial, even though

0:28:29.040 --> 0:28:34.840
<v Speaker 1>she'd been called out by these renowned esteemed doctors. Right,

0:28:35.000 --> 0:28:40.440
<v Speaker 1>doctor James Crawford Jakubiak, who has received a Distinguished Service

0:28:40.480 --> 0:28:43.320
<v Speaker 1>Award from the Sexual Assault Investigator Association with California two

0:28:43.360 --> 0:28:45.840
<v Speaker 1>thousand and three. Since nineteen ninety four, had been listed

0:28:45.840 --> 0:28:49.200
<v Speaker 1>on the Best Doctors in America ninety percent of the

0:28:49.240 --> 0:28:52.880
<v Speaker 1>cases he testified, and he pressified for the prosecution. And

0:28:52.920 --> 0:28:56.440
<v Speaker 1>then there's doctor Lee Coleman, a psychiatrist with a specialty

0:28:56.520 --> 0:28:59.400
<v Speaker 1>in sexual abuse cases, who also testified and agreed with

0:28:59.480 --> 0:29:02.760
<v Speaker 1>doctor Carr. It's really is a mystery how he was

0:29:02.800 --> 0:29:06.240
<v Speaker 1>able to be convicted wrongly a second time.

0:29:06.520 --> 0:29:10.920
<v Speaker 2>Just simply on the testimony of Jamie and doctor Barnes.

0:29:11.680 --> 0:29:14.080
<v Speaker 2>Even though his conviction was overturned by a federal court.

0:29:14.960 --> 0:29:17.240
<v Speaker 2>And even though the federal judge made all those findings

0:29:17.280 --> 0:29:20.720
<v Speaker 2>about the holes and the evidence and the unbelievability of

0:29:20.800 --> 0:29:25.719
<v Speaker 2>Jamie's story, James King got retried and he got sentenced

0:29:25.920 --> 0:29:29.960
<v Speaker 2>again to thirty five years to life, and once again

0:29:30.280 --> 0:29:34.760
<v Speaker 2>the appellate process gears start turning. He has his direct

0:29:34.760 --> 0:29:38.719
<v Speaker 2>appeal in the California Court of Appeal habeas petitions and

0:29:38.840 --> 0:29:42.120
<v Speaker 2>those are denied once again. Actually, he filed a pro

0:29:42.280 --> 0:29:45.720
<v Speaker 2>per which means without a lawyer, basically by himself. He

0:29:46.160 --> 0:29:49.920
<v Speaker 2>chicken scratched out a federal habeas petition because he didn't

0:29:49.920 --> 0:29:53.400
<v Speaker 2>have counsel at the time. And this time they denied

0:29:53.440 --> 0:29:58.560
<v Speaker 2>it because the doctors testified at trial, and so even

0:29:58.600 --> 0:30:03.440
<v Speaker 2>though they had serious doubts about Jamie's credibility, you know,

0:30:03.520 --> 0:30:08.239
<v Speaker 2>the federal court said, we're not here to relitigate, you know,

0:30:08.280 --> 0:30:10.320
<v Speaker 2>who we believe and who we don't believe. That's not

0:30:10.440 --> 0:30:14.280
<v Speaker 2>our role. That's a jury's role. So our hands are

0:30:14.320 --> 0:30:18.080
<v Speaker 2>tied and we're going to deny your federal district habeas petition.

0:30:18.280 --> 0:30:22.680
<v Speaker 2>And then in twenty seventeen, my firm was contacted by

0:30:22.960 --> 0:30:25.480
<v Speaker 2>James and his mother, Lilian. You know, the first thing

0:30:25.520 --> 0:30:28.560
<v Speaker 2>that we do is start reading, you know, we get

0:30:28.600 --> 0:30:31.400
<v Speaker 2>the trial transcripts and we look at the direct appeal

0:30:31.480 --> 0:30:35.560
<v Speaker 2>briefs and the habeas petitions and the court's rulings. This

0:30:35.640 --> 0:30:38.960
<v Speaker 2>is one of those things where you feel your stomach turning.

0:30:39.240 --> 0:30:43.360
<v Speaker 2>It's hard to believe that this case has happened the

0:30:43.400 --> 0:30:47.480
<v Speaker 2>way it's happened, and that James is once again in

0:30:47.520 --> 0:30:50.920
<v Speaker 2>prison serving thirty five years to life based on the

0:30:50.960 --> 0:30:53.440
<v Speaker 2>state of the evidence in this case. If you talk

0:30:53.520 --> 0:30:57.320
<v Speaker 2>to any of the lawyers that have represented James throughout

0:30:57.400 --> 0:31:01.400
<v Speaker 2>this saga, each one of them will tell you the

0:31:01.440 --> 0:31:04.320
<v Speaker 2>same thing, that this is a man who is innocent,

0:31:05.000 --> 0:31:08.120
<v Speaker 2>and they believe it as much as they've ever believed

0:31:08.240 --> 0:31:11.400
<v Speaker 2>any case they've ever had. When you're in this field,

0:31:11.560 --> 0:31:14.239
<v Speaker 2>you see a lot of cases of a lot of

0:31:14.240 --> 0:31:18.400
<v Speaker 2>people saying they didn't do it, and maybe some of

0:31:18.400 --> 0:31:21.440
<v Speaker 2>them you agree with. Maybe some of them say, well,

0:31:21.440 --> 0:31:23.640
<v Speaker 2>I'm not sure if they didn't do it, but their

0:31:23.680 --> 0:31:26.960
<v Speaker 2>constitutional rights were violated at trial, and there are very

0:31:27.000 --> 0:31:32.440
<v Speaker 2>few that you would bet your eyeballs that they're factually innocent.

0:31:33.120 --> 0:31:36.160
<v Speaker 2>And this is a case that every lawyer who's touched it,

0:31:36.600 --> 0:31:40.600
<v Speaker 2>aside from a prosecutor would tell you that, and I'd

0:31:40.600 --> 0:31:59.400
<v Speaker 2>tell you that. After we got involved in the case,

0:31:59.680 --> 0:32:02.920
<v Speaker 2>what we saw was that the issue of false evidence

0:32:03.520 --> 0:32:07.720
<v Speaker 2>had never been raised. And our view of the evidence

0:32:07.800 --> 0:32:11.440
<v Speaker 2>and of the law is that the testimony that Jamie

0:32:11.480 --> 0:32:14.640
<v Speaker 2>gave that the rug was now blue is false. It's

0:32:14.640 --> 0:32:19.800
<v Speaker 2>demonstratively false, and the testimony of Valerie Barnes is false.

0:32:20.240 --> 0:32:24.800
<v Speaker 2>To eminently qualified doctors have said it's false, and they've

0:32:24.800 --> 0:32:27.560
<v Speaker 2>said it's absurd. They've said that the things that doctor

0:32:27.600 --> 0:32:30.680
<v Speaker 2>Barnes testified to but a cleft on the highmen and

0:32:30.720 --> 0:32:35.320
<v Speaker 2>things of that nature simply were not there, did not exist.

0:32:35.680 --> 0:32:40.080
<v Speaker 2>Her findings are absurd. So we file the habeas petition

0:32:40.360 --> 0:32:44.680
<v Speaker 2>alleging false evidence introduced at trial and the ineffective assistance

0:32:44.680 --> 0:32:47.120
<v Speaker 2>of his appellate counsel for failure to raise that issue.

0:32:47.240 --> 0:32:52.280
<v Speaker 2>The Superior Court actually requested some informal briefing on the issue,

0:32:53.160 --> 0:32:56.760
<v Speaker 2>and what the District Attorney's office came back with was, well,

0:32:56.880 --> 0:33:00.560
<v Speaker 2>we're just saying that there's a disagreement amongst experts. Doctor

0:33:00.600 --> 0:33:04.880
<v Speaker 2>Barnes's testimony isn't false. She testified to what she saw.

0:33:05.080 --> 0:33:09.000
<v Speaker 2>And then Crawford and Coleman testified to their findings and

0:33:09.040 --> 0:33:12.040
<v Speaker 2>the jury made their determinations, so you can't say that

0:33:12.040 --> 0:33:17.920
<v Speaker 2>that's false. And regarding the blue carpet, they said, well,

0:33:18.240 --> 0:33:22.160
<v Speaker 2>Jamie was just mistaken about whether the carpet was blue

0:33:22.240 --> 0:33:27.040
<v Speaker 2>or tan, and that explains everything. And we submitted a

0:33:27.080 --> 0:33:31.280
<v Speaker 2>reply brief saying basically, all that's clearly bullshit. You know,

0:33:31.320 --> 0:33:34.760
<v Speaker 2>look at this, look at the transcripts. You know he's innocent.

0:33:35.120 --> 0:33:39.880
<v Speaker 2>This evidence was false, and the Superior Court, not unsurprisingly

0:33:39.960 --> 0:33:43.320
<v Speaker 2>unfortunately denied the habeas petition. We filed in the California

0:33:43.320 --> 0:33:46.280
<v Speaker 2>Court of Appeal and it was denied, and so then

0:33:46.320 --> 0:33:50.480
<v Speaker 2>we filed hayeyastetition in the California Supreme Court. This is

0:33:50.560 --> 0:33:55.320
<v Speaker 2>our last forum here. And if this is denied, he's

0:33:55.360 --> 0:33:59.480
<v Speaker 2>already filed a federal habeast petition pro per by himself,

0:34:00.240 --> 0:34:02.320
<v Speaker 2>so we can't just go back to federal court and

0:34:02.400 --> 0:34:06.200
<v Speaker 2>knock on their door again. And I am deeply worried

0:34:06.960 --> 0:34:12.040
<v Speaker 2>that if the California Supreme Court denies this habeas petition,

0:34:12.840 --> 0:34:16.320
<v Speaker 2>that our only avenue at that point is to petition

0:34:16.360 --> 0:34:21.799
<v Speaker 2>the governor's office for clemency or commutation, which is a

0:34:21.920 --> 0:34:26.480
<v Speaker 2>difficult case to make when you have allegations like these.

0:34:27.200 --> 0:34:29.680
<v Speaker 1>Yeah, it's always a long shot, but it's also always

0:34:29.719 --> 0:34:31.480
<v Speaker 1>worth to try. And the good news is that you

0:34:31.560 --> 0:34:35.120
<v Speaker 1>have a great governor in California and his team, who

0:34:35.120 --> 0:34:37.800
<v Speaker 1>I've gotten to know are really terrific people.

0:34:38.000 --> 0:34:42.080
<v Speaker 2>We are going to sort of change dot org petition

0:34:42.360 --> 0:34:45.400
<v Speaker 2>that we would love for people who have heard about

0:34:45.400 --> 0:34:49.239
<v Speaker 2>this case and who agree that James King should not

0:34:49.440 --> 0:34:52.239
<v Speaker 2>spend any more time in prison than that he's an

0:34:52.239 --> 0:34:55.600
<v Speaker 2>innocent man. Would go to the link and read more

0:34:55.600 --> 0:34:58.400
<v Speaker 2>about the case and voice your support.

0:34:58.160 --> 0:35:01.319
<v Speaker 4>Once you see the evidence of se completely innocent of

0:35:01.400 --> 0:35:04.480
<v Speaker 4>this crime. And I just thank you to please people,

0:35:04.520 --> 0:35:06.799
<v Speaker 4>can you please sign my petition and.

0:35:06.719 --> 0:35:09.040
<v Speaker 1>We'll of course link to that in the bio, So

0:35:09.800 --> 0:35:13.920
<v Speaker 1>please do go to the bio sign the petition. There

0:35:13.920 --> 0:35:17.359
<v Speaker 1>will be other information as well. And now you know,

0:35:17.520 --> 0:35:19.319
<v Speaker 1>we go to the part of the show that we

0:35:19.440 --> 0:35:22.840
<v Speaker 1>call closing arguments. First of all, I thank you for

0:35:22.960 --> 0:35:26.520
<v Speaker 1>being with us, and of course, James, you know what

0:35:26.600 --> 0:35:30.000
<v Speaker 1>can I say except for the entire human race owes

0:35:30.040 --> 0:35:32.640
<v Speaker 1>you an apology and so much more, and I hope

0:35:32.640 --> 0:35:36.000
<v Speaker 1>that we're able to see you free in the not

0:35:36.080 --> 0:35:39.719
<v Speaker 1>too distant future. So and now closing arguments. I leave

0:35:39.800 --> 0:35:43.480
<v Speaker 1>your microphones on, turn mine off, kick back in my

0:35:43.640 --> 0:35:47.279
<v Speaker 1>chair with my headphones on, and just listen for anything

0:35:47.719 --> 0:35:50.759
<v Speaker 1>you want to say. Let's start with you, Ian and

0:35:50.840 --> 0:35:53.479
<v Speaker 1>save mister King. To close out the show.

0:35:54.280 --> 0:35:59.000
<v Speaker 2>James King is innocent. I think any fair minded person

0:35:59.520 --> 0:36:03.080
<v Speaker 2>looking at the facts of this case and the history

0:36:03.120 --> 0:36:06.400
<v Speaker 2>of this case would agree with there is an innocent

0:36:06.520 --> 0:36:12.120
<v Speaker 2>man who has served twenty four years and he didn't

0:36:12.400 --> 0:36:17.720
<v Speaker 2>do it. He's innocent. I don't fault Jamie. The circumstances

0:36:17.719 --> 0:36:21.040
<v Speaker 2>of her life leading up to this were horrible. She was,

0:36:22.120 --> 0:36:26.799
<v Speaker 2>in my view, being assaulted at that time, but by

0:36:26.840 --> 0:36:31.279
<v Speaker 2>somebody else, by somebody that she professed to love. When

0:36:31.320 --> 0:36:36.080
<v Speaker 2>it came to accusing somebody, she was able to accuse

0:36:36.200 --> 0:36:40.640
<v Speaker 2>James King of conduct that someone else had done to her.

0:36:41.200 --> 0:36:46.640
<v Speaker 2>These cases require evidence. You cannot simply take the word

0:36:47.239 --> 0:36:51.640
<v Speaker 2>of one person. They require corroboration, and when there's no

0:36:51.680 --> 0:36:55.200
<v Speaker 2>physical evidence, When there's no corroboration, that should be a

0:36:55.239 --> 0:36:58.200
<v Speaker 2>red flag. And then when the evidence comes back and

0:36:58.239 --> 0:37:03.680
<v Speaker 2>it contradicts allegations, that should be an even bigger red flag.

0:37:04.680 --> 0:37:10.800
<v Speaker 2>And then when those contradictions are absurd, that the dog

0:37:11.080 --> 0:37:16.200
<v Speaker 2>ate the evidence that the carpet magically switched colors, that

0:37:16.920 --> 0:37:21.080
<v Speaker 2>James King did this stuff to me. Oh wait a minute, sorry,

0:37:21.320 --> 0:37:24.120
<v Speaker 2>it was actually Eli Roman who did that stuff to me.

0:37:24.920 --> 0:37:29.719
<v Speaker 2>That should be a stop sign. It shouldn't happen at

0:37:29.719 --> 0:37:32.920
<v Speaker 2>that point. No one should have their life put in jeopardy.

0:37:33.000 --> 0:37:37.120
<v Speaker 2>And let's not sugarcoated. I mean this is it's a

0:37:37.160 --> 0:37:40.920
<v Speaker 2>death sentence. James King is going to die in prison

0:37:41.360 --> 0:37:45.919
<v Speaker 2>unless his conviction is overturned, his sentence is commuted. He's

0:37:45.920 --> 0:37:48.480
<v Speaker 2>not going to get out. He's sixty six years old now,

0:37:48.480 --> 0:37:52.120
<v Speaker 2>and he's not in great health. His mother's name is Lilian,

0:37:52.760 --> 0:37:55.800
<v Speaker 2>she's in her mid eighties and she is in rapidly

0:37:55.880 --> 0:37:59.480
<v Speaker 2>declining health. His one hope is to get out before

0:37:59.520 --> 0:38:01.719
<v Speaker 2>she died, and her one hope is to see her

0:38:01.719 --> 0:38:05.560
<v Speaker 2>son again outside of Prison's this is the kind of

0:38:05.680 --> 0:38:12.200
<v Speaker 2>case that you know, makes you question what you're doing

0:38:13.000 --> 0:38:16.320
<v Speaker 2>as a lawyer, if what you're doing has any value.

0:38:17.239 --> 0:38:22.520
<v Speaker 2>If we lose, if his conviction isn't overturned, have I failed?

0:38:24.680 --> 0:38:28.359
<v Speaker 2>If we lose, James King dies in prison, his mother

0:38:28.440 --> 0:38:30.560
<v Speaker 2>dies without ever seeing her son outside of prison again,

0:38:31.600 --> 0:38:35.680
<v Speaker 2>and you know I will have failed.

0:38:37.360 --> 0:38:39.000
<v Speaker 1>James Now, over you.

0:38:40.360 --> 0:38:40.600
<v Speaker 2>God.

0:38:40.680 --> 0:38:44.439
<v Speaker 4>I'm just I'm just just just begging that somebody will

0:38:44.520 --> 0:38:48.719
<v Speaker 4>please just help me. Just girl. Man, they hated me

0:38:48.800 --> 0:38:51.000
<v Speaker 4>because I am the one who got to be victed.

0:38:51.480 --> 0:38:54.399
<v Speaker 4>To see, they had nowhere to go. They were living

0:38:54.440 --> 0:38:56.799
<v Speaker 4>on the streets. They hadn't made there, and I came

0:38:56.840 --> 0:38:59.320
<v Speaker 4>along and I took it away from her. It was nothing,

0:38:59.360 --> 0:39:02.000
<v Speaker 4>but we did refigiling, man, That's why they did this.

0:39:03.280 --> 0:39:05.759
<v Speaker 4>I just pray that somebody will please. You can look

0:39:05.800 --> 0:39:08.880
<v Speaker 4>at my patiency, the evidence that I'm totally innocent of

0:39:08.920 --> 0:39:12.759
<v Speaker 4>this crime. My mom, she thanks you so much what

0:39:12.800 --> 0:39:15.359
<v Speaker 4>you're doing for me. She is so happy to hear this,

0:39:15.480 --> 0:39:18.160
<v Speaker 4>what you guys are doing now for me. She's so happy.

0:39:18.440 --> 0:39:20.399
<v Speaker 4>And I want you to know this that I want

0:39:20.400 --> 0:39:24.480
<v Speaker 4>you to know one thing, this never happened. This never happened. Man.

0:39:31.080 --> 0:39:34.120
<v Speaker 1>Thank you for listening to Wrongful Conviction. I'd like to

0:39:34.120 --> 0:39:37.840
<v Speaker 1>thank our production team Connor Hall, Jeff Clibern, and Kevin Wartis.

0:39:38.000 --> 0:39:41.080
<v Speaker 1>With research by Lyla Robinson. The music in this production

0:39:41.239 --> 0:39:44.560
<v Speaker 1>was supplied by three time Oscar nominated composer Jay Ralph.

0:39:44.719 --> 0:39:48.200
<v Speaker 1>Be sure to follow us on Instagram at Wrongful Conviction

0:39:48.440 --> 0:39:52.200
<v Speaker 1>on Facebook at Wrongful Conviction podcast and on Twitter at

0:39:52.239 --> 0:39:55.359
<v Speaker 1>Wrong Conviction, as well as at Lava for Good. On

0:39:55.480 --> 0:39:58.439
<v Speaker 1>all three platforms, you can also follow me on both

0:39:58.480 --> 0:40:02.680
<v Speaker 1>TikTok and Instagram at it's Jason flam Ravel. Conviction is

0:40:02.719 --> 0:40:05.440
<v Speaker 1>the production of Lava for Good podcasts and association with

0:40:05.520 --> 0:40:11.320
<v Speaker 1>Signal Company Number one