WEBVTT - #199 Jason Flom with Al Cleveland

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<v Speaker 1>In the late eighties and early nineties, the crack epidemic

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<v Speaker 1>was in full swing in many parts of the country,

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<v Speaker 1>including Lorain, Ohio, where Sunset Boulevard was known as the

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<v Speaker 1>place to buy and smoke crack without being hassled by

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<v Speaker 1>the authorities. The infamously corrupt Lorraine Police Department had a

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<v Speaker 1>relationship with a drug dealer, addict and notorious informant named

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<v Speaker 1>William Avery Senior, who ran the scene on Sunset Boulevard

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<v Speaker 1>and he didn't appreciate New Yorkers encroaching on his turf.

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<v Speaker 1>On August eighth, nineteen ninety one, the bodies of Marsha

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<v Speaker 1>Blakeley and Floyd Epps were discovered separately. The tire marks

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<v Speaker 1>on their heads were at least in part, to blame

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<v Speaker 1>for their deaths. After the cases went cold, two thousand

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<v Speaker 1>dollars reward drew the attention of William Avery Senior, who

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<v Speaker 1>brought in his teenage son to falsely accuse four men

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<v Speaker 1>from New York, including Al Cleveland. The fact that al

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<v Speaker 1>Cleveland was in New York at the time of the

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<v Speaker 1>murder and that Avery Junior recanted his statement at the

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<v Speaker 1>first of the four trials did not stop prosecutor Jonathan

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<v Speaker 1>Rosenbaum from going ahead with all four of these sham trials.

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<v Speaker 1>The Ohio criminal legal system continuously ignored William Avery Junior's

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<v Speaker 1>recantations for twenty five long years, leaving parole as Al

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<v Speaker 1>Cleveland's only avenue for relief. This is Wrongful Conviction with

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<v Speaker 1>Jason Flamm. Welcome back to Wrongful Conviction with Jason Flamm.

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<v Speaker 1>That's me, and today you're going to hear a story

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<v Speaker 1>that defies description. I'm going to first of all, introduce

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<v Speaker 1>first Jennifer Passion urge around. It's been on the show

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<v Speaker 1>before as the deputy director of the Ohio Innocence Project. Jennifer,

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<v Speaker 1>Welcome back to Wrongful Conviction.

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<v Speaker 2>Thank you, it's good to be back.

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<v Speaker 1>And Al Cleveland. I'm just going to say this. Al

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<v Speaker 1>has lived about seven or eight lifetimes so far, and

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<v Speaker 1>he survived twenty five years in prison for a gruesome

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<v Speaker 1>double murder that happened in Ohio while he was in Queens,

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<v Speaker 1>New York. That's just the beginning. So without further ado,

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<v Speaker 1>Al Cleveland, I'm so happy you're here. I'm sorry you

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<v Speaker 1>have to be here, but I'm happier here.

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<v Speaker 3>Hey, I'm here. Man I'm with Jason plump. You got

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<v Speaker 3>to realize, Jason, like, I'm fresh home, like I've just

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<v Speaker 3>been home maybe five months, and I sat on the

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<v Speaker 3>rack visualizing this. So here we are. Man, I'm excited,

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<v Speaker 3>I'm pumped up, and thank you for doing this. Thank

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<v Speaker 3>you for doing this.

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<v Speaker 1>I don't even know what to say. That means. That

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<v Speaker 1>means more to me than you could even know. And

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<v Speaker 1>so al going back to the beginning, you grew up

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<v Speaker 1>such a fascinating story. You were a hip hop artist,

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<v Speaker 1>and not only that, but you were very close friends

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<v Speaker 1>with ll cool J back in Hollis Queens. Tell us

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<v Speaker 1>about that.

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<v Speaker 3>Yeah, so he grew up right around the corner from me.

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<v Speaker 3>So we were always in the basement, you know, making

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<v Speaker 3>mixtapes and making songs, and like I seen his assent

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<v Speaker 3>from the basement to you know, a national stage. You know,

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<v Speaker 3>used to go with him on tour, like if he

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<v Speaker 3>was in any of the surrounding states, we would get

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<v Speaker 3>in the vent and go wherever he was and get

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<v Speaker 3>backstage passes and you know, just have tons of fun.

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<v Speaker 3>It was just tons of fun seeing that rise.

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<v Speaker 1>Yeah, you witnessed literally the birth of a legend. And

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<v Speaker 1>here's your dear friend. I mean that rumor has it

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<v Speaker 1>that you actually painted his room.

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<v Speaker 3>I mean so crazy, I did, I did, I did,

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<v Speaker 3>and he owes me thirty bucks still for it.

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<v Speaker 1>Oh my god, with interest. That's incredible. In his nineteen

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<v Speaker 1>ninety eight book I Make My Own Rules, ll actually

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<v Speaker 1>shouts you out and credits your artwork actually as an

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<v Speaker 1>early inspiration of his. So that's one. Okay, that's just one.

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<v Speaker 1>You ain't heard nothing yet. Stick with us, Okay. So

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<v Speaker 1>another childhood friend of yours is Damon John, and this

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<v Speaker 1>I think highlights how crazy and random all this shit

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<v Speaker 1>is because I think it's fair to say you all

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<v Speaker 1>had the same potential, but the system grabbed you and

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<v Speaker 1>those guys went on to become success stories while you

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<v Speaker 1>were being held captained by the state for a crime

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<v Speaker 1>you didn't commit. And for those of you who don't know,

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<v Speaker 1>Damon John is the founder and CEO of Fubu. So

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<v Speaker 1>tell us about Damon just quickly and how you come

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<v Speaker 1>to know him in the beginning.

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<v Speaker 3>Oh man, me and Damon we went to the same

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<v Speaker 3>Catholic school together in our neighborhood, from maybe second or

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<v Speaker 3>third grade all the way up. We go on adventures,

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<v Speaker 3>bike rides, camping with my dad. That was my guy.

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<v Speaker 3>I wrote a book about it, actually a little children's book,

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<v Speaker 3>What Don't you Do?

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<v Speaker 1>I feel like you? Okay, but we're going to get

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<v Speaker 1>into that later. So to set the stage, we're back

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<v Speaker 1>in the eighties and early nineties. The crack epidemic was

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<v Speaker 1>in full swing, and you were now going back and

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<v Speaker 1>forth to Northeast Ohio. Right, it seems so random. Why

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<v Speaker 1>would a kid from Queen's end up in Loreno, Ohio.

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<v Speaker 3>All Right, So since I'm talking to you, Flam and

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<v Speaker 3>you got experience in the music business, I want to

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<v Speaker 3>just go back a little bit to help you and

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<v Speaker 3>help everybody understand. So late eighties, my sister gets killed

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<v Speaker 3>by some skinheads in Detroit, and it was a big thing.

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<v Speaker 3>My mom was protesting, but me, I internalized this thing

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<v Speaker 3>and just kind of like went into my art and

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<v Speaker 3>at the time I was doing graffiti and you know

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<v Speaker 3>art on that level, trying to get into galleries and

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<v Speaker 3>trying to make my way, but it wasn't happening. So

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<v Speaker 3>I started promoting parties, doing shows, ran into a guy

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<v Speaker 3>who had a studio. We started going to the studio.

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<v Speaker 3>I found out Hey, I got some talent, I can rap,

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<v Speaker 3>I can do this, I seen ll do it. Let

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<v Speaker 3>me take this route. So we started going to the

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<v Speaker 3>studio and making songs, and we started forming a vision

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<v Speaker 3>of what we wanted to do. But the problem was Jason.

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<v Speaker 3>Back then, you know, you had to get records pressed up,

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<v Speaker 3>you had to get a song mastered, you had to

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<v Speaker 3>go through all these steps, and I didn't have the

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<v Speaker 3>money for that. At every stage, we kept finding ourselves broke.

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<v Speaker 3>So ninety ninety one, a friend of mine gets in

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<v Speaker 3>touch with me. He had left New York to go

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<v Speaker 3>to Ohio with a few other dudes, and they were

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<v Speaker 3>into the drug scene, low level, but he was incarcerated

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<v Speaker 3>and he asked me to help him with the bond money.

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<v Speaker 3>At the time, I didn't have it. I only had

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<v Speaker 3>my rent money. So he enticed me a little more

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<v Speaker 3>and told me he would double my money. Just come

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<v Speaker 3>on out, give him a few days, and he would

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<v Speaker 3>have the money back for me. And at the time

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<v Speaker 3>I wanted to explore the music scene out here. I said,

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<v Speaker 3>you know what the heck man, and I did it.

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<v Speaker 3>I sent him the money came out here. That's how

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<v Speaker 3>I wound up out here. He took me to a project.

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<v Speaker 3>You know, he's showing me how he does his thing.

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<v Speaker 3>You know, gave me the little package to hold. Police comes,

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<v Speaker 3>they chase him, arrest him. I have the little thing

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<v Speaker 3>I dished, a little thing. I wound up meeting some guys.

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<v Speaker 3>Went to a guy's house who wound up being the

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<v Speaker 3>guy who wound up setting us up. But I went

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<v Speaker 3>to his house. He asked me if I had anything,

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<v Speaker 3>and I'm like, I kind of do. He asked me

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<v Speaker 3>about from New York. Do I know my code defending.

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<v Speaker 3>I'm like, yeah, I know him. Yeah. He's like, if

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<v Speaker 3>you got something, I can sell it. So I went

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<v Speaker 3>and retrieved this stuff. You start breaking it down with him.

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<v Speaker 3>I didn't even know the prices were haggling, and he

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<v Speaker 3>takes what he buys from me, goes right out into

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<v Speaker 3>the street and he's stopping cars like he's a traffic controller,

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<v Speaker 3>is selling his thing. And maybe an hour and a

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<v Speaker 3>half later, the whole little bag of stuff I had

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<v Speaker 3>was it was gone. I had about twenty two hundred

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<v Speaker 3>dollars in my pocket. For the next thirty to forty days,

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<v Speaker 3>I just went on a mission to get my startup capital.

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<v Speaker 3>So I mean, I know it was wrong, but that

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<v Speaker 3>was I had a vision. I had a vision, Jason.

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<v Speaker 1>And I can't leave out the fact that when you

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<v Speaker 1>look at the history of hip hop music, there's so

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<v Speaker 1>many artists, legendary artists who grew up the same way

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<v Speaker 1>you did, some of them from the same area you

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<v Speaker 1>came from. And he ended up in the crack game

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<v Speaker 1>because that was the option that was available at the time,

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<v Speaker 1>like you said, to get startup capital or whatever it

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<v Speaker 1>may be. And just by fate, they didn't get arrested.

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<v Speaker 1>And many people know the names, I mean, because these

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<v Speaker 1>people are they're not secretive about it. When I had

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<v Speaker 1>Meek Bill on the podcast and I asked him this

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<v Speaker 1>question how many people he met in prison that were

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<v Speaker 1>as talented as he is, and he said he couldn't

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<v Speaker 1>even count. How many.

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<v Speaker 3>You know, I've met so many guys in there, Jason,

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<v Speaker 3>who the visionaries. You know, they're the bread winners and

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<v Speaker 3>their families. And I just want to make it clear.

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<v Speaker 3>I just want to make sure I share this message

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<v Speaker 3>that if you do have a dream, if you do

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<v Speaker 3>have a vision, try to find out how to do

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<v Speaker 3>a business plan, try to find out how to go

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<v Speaker 3>to a bank or ask people family members to invest

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<v Speaker 3>in your dream instead of taking that route and putting

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<v Speaker 3>yourself at risk to come to the penitentiary because it's

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<v Speaker 3>full of guys with dreams that fall through. So I

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<v Speaker 3>just wanted to share that.

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<v Speaker 1>No, I'm glad you did. And Jennifer, I want to

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<v Speaker 1>talk about the Lorraine Police Department because of course Loraine,

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<v Speaker 1>Ohio was where I was spending his time in those days,

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<v Speaker 1>and they were known for sexual abuse and brutality, which

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<v Speaker 1>is sadly a problem that exists to this day. So

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<v Speaker 1>many different police departments around this country. Can you paint

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<v Speaker 1>a picture of what was going on back then and

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<v Speaker 1>there and what was the deal with their unsavory relationship

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<v Speaker 1>with this shady character William Avery sor.

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<v Speaker 2>Yeah, there was a huge crack problem. Similar to lots

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<v Speaker 2>of other areas in the country. The police had people

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<v Speaker 2>like William Avery Senior, who, at least according to Avery,

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<v Speaker 2>could kind of do some favors as a CI and

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<v Speaker 2>then be left alone and do whatever you wanted. So

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<v Speaker 2>there seemed to be sort of this unofficial arrangement between

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<v Speaker 2>the cops and some of the people there. So it

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<v Speaker 2>seemed to me that when folks from New York came

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<v Speaker 2>in and started sort of messing with that system. It

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<v Speaker 2>did not go over well with either the residents or

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<v Speaker 2>the police.

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<v Speaker 1>You had just gotten involved in this business, so to speak.

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<v Speaker 1>Al were you aware of what the Lorraine police department

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<v Speaker 1>was up to?

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<v Speaker 3>No, I wasn't. Actually I found out years later through

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<v Speaker 3>our investigation that one I'm a co defendent, was the

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<v Speaker 3>one who invited me out here. He was kind of

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<v Speaker 3>like a target. We actually found a picture with him

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<v Speaker 3>with a bullseye in their police files like here, I

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<v Speaker 3>am just waltz right into Lorraine.

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<v Speaker 1>I had no idea you were sitting duck. Let's face it.

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<v Speaker 1>And as part of the story centers around a guy

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<v Speaker 1>named William Avery Senior, who was a prolific paid informant

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<v Speaker 1>at the time, and he received special treatment as informants

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<v Speaker 1>do in exchange for his help. He lived on Sunset

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<v Speaker 1>Boulevard in Lorain, Ohio with his son, William Avery Junior,

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<v Speaker 1>who he had introduced to crack when the kid was

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<v Speaker 1>just fourteen years old, and this had become this sort

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<v Speaker 1>of neighborhood spot where people would come to smoke crack,

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<v Speaker 1>and the police looked the other way of course, because

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<v Speaker 1>he was helping them out while lying for them on

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<v Speaker 1>cases as well as maybe providing accurate information once in

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<v Speaker 1>a while, have no idea. And then there was Marsha Blakeley.

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<v Speaker 2>Well, Marsha Blakely was the murder victim, and she was

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<v Speaker 2>a young woman who was addicted to crack and other

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<v Speaker 2>drugs and was known on the streets for churning tricks,

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<v Speaker 2>selling stolen goods to feed her addiction. She was just

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<v Speaker 2>a user who, for reasons that I still don't quite understand,

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<v Speaker 2>ended up brutally murdered in this whole situation.

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<v Speaker 1>Yeah, so she and a guy named Floyd Epps turned

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<v Speaker 1>up dead and this is, you know, one of the

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<v Speaker 1>most brutal crimes I've ever heard of. On August eighth,

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<v Speaker 1>nineteen eighty one, at nine eighteen in the morning, Marsha

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<v Speaker 1>Blakeley's body was discovered in an alley behind the West

0:11:24.640 --> 0:11:27.880
<v Speaker 1>Coast Shopping Center in the rain. She had twenty five

0:11:27.920 --> 0:11:30.960
<v Speaker 1>stab wounds, fractured ribs, a broken neck, a slit throat,

0:11:31.080 --> 0:11:34.439
<v Speaker 1>and torture wounds on her neck and head. And if

0:11:34.480 --> 0:11:36.480
<v Speaker 1>that wasn't enough, her head had been run over by

0:11:36.559 --> 0:11:39.800
<v Speaker 1>a car twice now earlier that same day at one

0:11:39.880 --> 0:11:43.720
<v Speaker 1>twenty five am, Floyd Epps's body was found nearby and

0:11:43.800 --> 0:11:45.839
<v Speaker 1>his head had also been run over by a car.

0:11:46.160 --> 0:11:48.480
<v Speaker 1>So this is bizarre because police believed that the murders

0:11:48.520 --> 0:11:50.760
<v Speaker 1>were related. Anyone would, of course, I mean, you don't

0:11:50.840 --> 0:11:53.439
<v Speaker 1>hear stories too often people being the heads run over

0:11:53.440 --> 0:11:57.200
<v Speaker 1>by cars, thankfully, But no arrests were made in the

0:11:57.320 --> 0:12:00.920
<v Speaker 1>Epps killing, and no arrests have been made to this date,

0:12:01.080 --> 0:12:04.800
<v Speaker 1>which is the whole separate problem. But when nothing was

0:12:04.800 --> 0:12:07.800
<v Speaker 1>happening with these cases, the cops offered a two thousand

0:12:07.880 --> 0:12:09.960
<v Speaker 1>dollars reward for information. So now we go all the

0:12:09.960 --> 0:12:12.960
<v Speaker 1>way to over a month later, September tenth, William Avery

0:12:13.120 --> 0:12:17.760
<v Speaker 1>said he had information and they told him that the

0:12:17.800 --> 0:12:20.920
<v Speaker 1>reward would only be given to someone with first hand knowledge.

0:12:21.120 --> 0:12:24.559
<v Speaker 2>Yeah, so William Avery sor takes his son, William Avery

0:12:24.640 --> 0:12:26.800
<v Speaker 2>Junior in the next day to meet with the cops

0:12:26.840 --> 0:12:29.200
<v Speaker 2>to say what you know, he knew about the crime.

0:12:29.679 --> 0:12:32.800
<v Speaker 2>But his story as it was told that day does

0:12:32.840 --> 0:12:36.359
<v Speaker 2>not match up to what he eventually said in the trials.

0:12:36.600 --> 0:12:39.559
<v Speaker 2>And in addition, it was just a bizarre meeting where

0:12:40.080 --> 0:12:42.800
<v Speaker 2>you know, the cops are interviewing William Avery Junior about

0:12:42.840 --> 0:12:46.679
<v Speaker 2>supposedly witnessing this urter, and yet his father sat in

0:12:46.800 --> 0:12:49.960
<v Speaker 2>on the entire interview and said like, yeah, I'm here

0:12:50.000 --> 0:12:52.839
<v Speaker 2>to remind him of the things that he forgot, which

0:12:54.200 --> 0:12:56.760
<v Speaker 2>just raised all kinds of red flags. But yet that's

0:12:56.960 --> 0:12:57.880
<v Speaker 2>that's what they went with.

0:12:58.320 --> 0:13:01.000
<v Speaker 1>So when Avery Sor and j went to the police,

0:13:01.120 --> 0:13:04.480
<v Speaker 1>Junior implicated four individuals and the death of Marsha Blakely.

0:13:04.559 --> 0:13:08.640
<v Speaker 1>That four men were Lenworth Edwards, Benson Davis, John Edwards,

0:13:08.640 --> 0:13:12.200
<v Speaker 1>and Alfred Cleveland, men that he claimed were drug dealers

0:13:12.200 --> 0:13:12.679
<v Speaker 1>from New York.

0:13:12.720 --> 0:13:12.880
<v Speaker 3>Now.

0:13:12.920 --> 0:13:15.319
<v Speaker 1>Avery Junior went on to say that he owed you

0:13:15.520 --> 0:13:18.199
<v Speaker 1>Al money and in order to pay off the debt.

0:13:18.640 --> 0:13:21.840
<v Speaker 1>Avery Junior claimed that Al took him to Epps's apartment

0:13:21.880 --> 0:13:25.120
<v Speaker 1>where Marcia Blakely was, and that Al told him to

0:13:25.200 --> 0:13:29.120
<v Speaker 1>assault her. Avery Junior claimed to refuse because he knew

0:13:29.120 --> 0:13:32.640
<v Speaker 1>Marshall Blakeley. So, according to this crazy tale from Avery Junior,

0:13:32.679 --> 0:13:36.080
<v Speaker 1>the three other men assaulted her for twenty minutes while

0:13:36.120 --> 0:13:38.880
<v Speaker 1>he and Al watched. Avery continued on that he went

0:13:38.960 --> 0:13:42.000
<v Speaker 1>back to his apartment after the assault, but said that

0:13:42.080 --> 0:13:45.640
<v Speaker 1>Al came by after and told him, quote, we took

0:13:45.720 --> 0:13:48.439
<v Speaker 1>care of the junkie. We knocked her off.

0:13:48.679 --> 0:13:52.760
<v Speaker 2>And thanks just started rolling from there. Although they never

0:13:52.800 --> 0:13:55.640
<v Speaker 2>really found any other evidence at all implicating these guys.

0:13:55.679 --> 0:13:57.880
<v Speaker 1>But they can't find something that doesn't exist because they

0:13:57.880 --> 0:14:01.440
<v Speaker 1>weren't absolute. So we aren't even been fucking ohio, right,

0:14:01.480 --> 0:14:03.959
<v Speaker 1>what tell us where you were during this week and

0:14:04.080 --> 0:14:05.640
<v Speaker 1>how we know that that's really true?

0:14:05.800 --> 0:14:07.880
<v Speaker 3>All right? So, yeah, I was on probation at the time.

0:14:07.920 --> 0:14:10.040
<v Speaker 3>I didn't realize when I was going to trial. I

0:14:10.080 --> 0:14:14.120
<v Speaker 3>wasn't sure because it was like four years later that

0:14:14.120 --> 0:14:16.760
<v Speaker 3>that was the day that I went to my probation officer,

0:14:16.800 --> 0:14:19.480
<v Speaker 3>but I knew. I went back to New York to

0:14:19.520 --> 0:14:22.600
<v Speaker 3>see my probation officer and I was in New York

0:14:22.720 --> 0:14:25.280
<v Speaker 3>with Damon John, who had a van business at the time.

0:14:25.320 --> 0:14:27.640
<v Speaker 3>I went to buy a TV and I needed him

0:14:27.680 --> 0:14:30.120
<v Speaker 3>to come bring the TV to my house. And this

0:14:30.200 --> 0:14:32.280
<v Speaker 3>is all, you know, the seventh, the eighth, when these

0:14:32.280 --> 0:14:34.320
<v Speaker 3>people were killed, and when I was going to trial,

0:14:34.520 --> 0:14:37.040
<v Speaker 3>I had to receipt for this TV. You know, we

0:14:37.120 --> 0:14:39.480
<v Speaker 3>got those times. You know, he came to trial and

0:14:39.640 --> 0:14:41.720
<v Speaker 3>prosecuted try to dog him out like he was some

0:14:41.840 --> 0:14:44.960
<v Speaker 3>young punk. You know, he tried to discredit him and

0:14:45.120 --> 0:14:45.760
<v Speaker 3>it was crazy.

0:14:46.120 --> 0:14:47.920
<v Speaker 2>I mean, the state acknowledged that he had seen the

0:14:47.920 --> 0:14:51.080
<v Speaker 2>probation officer in New York on August seventh, but they

0:14:51.200 --> 0:14:54.840
<v Speaker 2>just said, well, he must have decided he was going

0:14:54.920 --> 0:14:57.320
<v Speaker 2>to either drive or fly to Ohio to come and

0:14:57.320 --> 0:14:59.960
<v Speaker 2>commit this brutal murder against this woman. He didn't even know.

0:15:00.400 --> 0:15:02.200
<v Speaker 2>But it was just the word of one person, that

0:15:02.360 --> 0:15:02.600
<v Speaker 2>was it.

0:15:02.960 --> 0:15:06.040
<v Speaker 1>So four people were victims of this compromise to say

0:15:06.080 --> 0:15:08.280
<v Speaker 1>the least paid informant and it was a two thousand

0:15:08.280 --> 0:15:09.800
<v Speaker 1>dollars award, and then they paid him again.

0:15:10.120 --> 0:15:12.480
<v Speaker 2>Yeah, he got the two thousand dollars reward for coming

0:15:12.640 --> 0:15:15.840
<v Speaker 2>forward initially, which was interesting because the award was listed

0:15:15.920 --> 0:15:18.920
<v Speaker 2>for anyone would get it, leading to an arrest. They

0:15:19.080 --> 0:15:21.840
<v Speaker 2>arrest Lynworth Edwards, one of the co defendants, so he

0:15:21.880 --> 0:15:25.240
<v Speaker 2>gets the two thousand dollars. They then schedule a deposition

0:15:25.320 --> 0:15:28.560
<v Speaker 2>of William Avery Junior claiming that his life is in

0:15:28.680 --> 0:15:31.760
<v Speaker 2>danger or something, and he gets paid again, and then

0:15:31.760 --> 0:15:33.400
<v Speaker 2>he ends up getting paid more so at the end

0:15:33.400 --> 0:15:35.400
<v Speaker 2>of the bowl saga, he ended up getting paid around

0:15:35.440 --> 0:15:37.280
<v Speaker 2>five thousand dollars for his testimony.

0:15:37.640 --> 0:15:40.440
<v Speaker 1>Right we're talking nineteen ninety one dollars is a lot

0:15:40.440 --> 0:15:41.400
<v Speaker 1>more money than it is today.

0:15:41.480 --> 0:15:44.040
<v Speaker 2>Yeah, absolutely, to someone who was a crack addict who

0:15:44.200 --> 0:15:46.600
<v Speaker 2>you know, on the stand said he never really had

0:15:46.600 --> 0:15:48.200
<v Speaker 2>a job, so this was his income.

0:15:48.560 --> 0:15:52.080
<v Speaker 1>So Avery Junior changed and recanted his story multiple times

0:15:52.160 --> 0:15:55.920
<v Speaker 1>after the initial interrogation, but his claims anyway were enough

0:15:56.360 --> 0:15:59.640
<v Speaker 1>and the authorities were happy to use them to convict

0:15:59.760 --> 0:16:02.920
<v Speaker 1>four men. Avery Junior was supposed to testify in the

0:16:03.000 --> 0:16:06.000
<v Speaker 1>first trial because guys were tried separately, Right, Lynworth Edwards

0:16:06.080 --> 0:16:06.880
<v Speaker 1>was the first trial.

0:16:07.280 --> 0:16:11.200
<v Speaker 2>Yes, so at Lynworth Edward's first trial, this was the

0:16:11.200 --> 0:16:14.120
<v Speaker 2>first of the four to be tried. Yeah, William Avery

0:16:14.200 --> 0:16:19.160
<v Speaker 2>Junior basically demanded ten thousand dollars to keep giving his testimony,

0:16:19.240 --> 0:16:22.120
<v Speaker 2>which you know, of course, the prosecutor said, well, no,

0:16:22.200 --> 0:16:25.040
<v Speaker 2>we're not paying you anything. So at this point Avery

0:16:25.120 --> 0:16:29.160
<v Speaker 2>Junior then says, well, I'm not going to testify. Everything

0:16:29.200 --> 0:16:32.840
<v Speaker 2>I said before was a lie. So yeah, they end

0:16:32.920 --> 0:16:36.040
<v Speaker 2>up throwing him in jail and charging him with contempt.

0:16:36.080 --> 0:16:38.720
<v Speaker 2>But he later comes back and it's the second trial

0:16:38.760 --> 0:16:43.680
<v Speaker 2>for Lynworth and says, well, the reason I flip flopped

0:16:43.720 --> 0:16:47.240
<v Speaker 2>before was because I was threatened in the jail if

0:16:47.280 --> 0:16:50.600
<v Speaker 2>I went forward with telling what I know about this crime,

0:16:51.040 --> 0:16:53.600
<v Speaker 2>and so that's how they got away with putting on

0:16:53.720 --> 0:16:57.040
<v Speaker 2>his testimony in Lynworth's second trial and then in the

0:16:57.080 --> 0:17:01.480
<v Speaker 2>rest of the defendant's trials. However, we found out later

0:17:02.160 --> 0:17:06.880
<v Speaker 2>years later, was that those threats never happened. We found

0:17:06.960 --> 0:17:10.200
<v Speaker 2>records showing that Avery Jr. He actually got in trouble

0:17:10.280 --> 0:17:13.879
<v Speaker 2>for making false reports about getting threatened. And so the

0:17:13.920 --> 0:17:15.640
<v Speaker 2>whole case was just built on a lie.

0:17:15.680 --> 0:17:21.240
<v Speaker 1>Basically a lot of life. Well yeah, several but and

0:17:21.640 --> 0:17:25.400
<v Speaker 1>al your trial, you were the third one tried, right,

0:17:25.520 --> 0:17:28.560
<v Speaker 1>and your trial lasted six days.

0:17:29.600 --> 0:17:34.680
<v Speaker 3>When the jury came in, I turned around to look

0:17:34.720 --> 0:17:45.040
<v Speaker 3>at them, and I saw it was hatred. Bro I

0:17:45.400 --> 0:17:50.359
<v Speaker 3>saw a hatred and my mom was there, a couple

0:17:50.359 --> 0:17:55.840
<v Speaker 3>of supporters. And when the judge read the verdict, he

0:17:55.960 --> 0:18:00.359
<v Speaker 3>told me that I'm sentenced to life, and I told

0:18:00.440 --> 0:18:07.080
<v Speaker 3>him I didn't do it. And damn the screech when

0:18:07.160 --> 0:18:15.960
<v Speaker 3>he said guilty. The screech came from a mother's voice.

0:18:17.920 --> 0:18:27.360
<v Speaker 3>I knew it took a part. Yes, apart from all

0:18:27.400 --> 0:18:29.280
<v Speaker 3>I can do is try to turn around comforter her

0:18:29.480 --> 0:18:32.880
<v Speaker 3>like it's gonna be okay, It's gonna be all right.

0:18:41.800 --> 0:18:45.560
<v Speaker 1>This episode is underwritten by the AIG pro Bono Program.

0:18:45.760 --> 0:18:49.280
<v Speaker 1>AIG is a leading global insurance company, and for over

0:18:49.320 --> 0:18:53.120
<v Speaker 1>a decade, the AIG pro Bono Program has provided thousands

0:18:53.160 --> 0:18:56.240
<v Speaker 1>of hours of free legal services and other support to

0:18:56.320 --> 0:19:00.800
<v Speaker 1>nonprofit organizations and individuals most in need. More recently, the

0:19:00.880 --> 0:19:04.560
<v Speaker 1>program added criminal and social justice reform as a key

0:19:04.640 --> 0:19:05.840
<v Speaker 1>pillar of its mission.

0:19:10.960 --> 0:19:11.320
<v Speaker 3>Yeah.

0:19:11.359 --> 0:19:14.479
<v Speaker 4>So I went to a high security prison they call

0:19:14.560 --> 0:19:18.439
<v Speaker 4>them close camps where they send people that you know,

0:19:18.840 --> 0:19:21.960
<v Speaker 4>done some of society's worse crimes.

0:19:21.960 --> 0:19:25.639
<v Speaker 3>They're there, and those first six or seven years that

0:19:25.840 --> 0:19:30.240
<v Speaker 3>kind of blurried to me because I was so focused

0:19:30.320 --> 0:19:35.399
<v Speaker 3>on fighting and educating myself. I had to totally like

0:19:35.880 --> 0:19:39.360
<v Speaker 3>re educate myself because everything I had thought I believed

0:19:40.240 --> 0:19:43.480
<v Speaker 3>turned out to be alive about the system and everything.

0:19:43.640 --> 0:19:45.439
<v Speaker 3>You know, I had to learn about myself, you know.

0:19:45.480 --> 0:19:48.000
<v Speaker 3>I learned about my history, learned about the history of

0:19:48.040 --> 0:19:52.080
<v Speaker 3>this country, learn about you know, other people who suffered injustices,

0:19:52.640 --> 0:19:58.040
<v Speaker 3>and tried to understand how these things happened. You know,

0:19:58.080 --> 0:20:00.400
<v Speaker 3>it wasn't just me, and I started learning like, man,

0:20:00.440 --> 0:20:04.120
<v Speaker 3>this is a big problem. So I just got on

0:20:04.160 --> 0:20:08.600
<v Speaker 3>a mission to better myself and better educate myself so

0:20:09.359 --> 0:20:12.760
<v Speaker 3>I could learn how to write better, learn how to

0:20:12.840 --> 0:20:15.960
<v Speaker 3>communicate better to get support. You know, I had to

0:20:15.960 --> 0:20:18.000
<v Speaker 3>be able to write people. It's like you're going on

0:20:18.040 --> 0:20:20.520
<v Speaker 3>a campaign and you just got to learn how to

0:20:20.560 --> 0:20:25.680
<v Speaker 3>articulate yourself. At the same time growing spiritually, working out,

0:20:26.119 --> 0:20:28.400
<v Speaker 3>trying to be an impact on the guys in there,

0:20:28.440 --> 0:20:30.080
<v Speaker 3>because I started seeing that, you know, a lot of

0:20:30.080 --> 0:20:33.280
<v Speaker 3>guys weren't educated at all, like no GEDs and a

0:20:33.320 --> 0:20:36.159
<v Speaker 3>lot of illiteracy. So I put myself in a block

0:20:36.480 --> 0:20:40.040
<v Speaker 3>where I could tutor guys and just help out in

0:20:40.080 --> 0:20:42.280
<v Speaker 3>that way. I knew it was other guys that were innocent,

0:20:42.320 --> 0:20:46.080
<v Speaker 3>and if they were illiterate, they didn't stand a chance.

0:20:46.280 --> 0:20:48.119
<v Speaker 3>You know, it's tons of guys in there for stuff

0:20:48.160 --> 0:20:50.240
<v Speaker 3>they didn't do, but they don't have any support. They

0:20:50.280 --> 0:20:52.400
<v Speaker 3>don't know how to explain their situation. They don't even

0:20:52.440 --> 0:20:55.320
<v Speaker 3>really know what happened. They don't really understand the language

0:20:55.320 --> 0:20:58.560
<v Speaker 3>that was used on them in the courtroom, just sitting

0:20:58.600 --> 0:21:01.360
<v Speaker 3>there trying to fight their way through the everyday life

0:21:01.400 --> 0:21:03.840
<v Speaker 3>of prison. So I just had to try to be

0:21:03.840 --> 0:21:06.240
<v Speaker 3>an impact in there. I wasn't going to allow what

0:21:06.480 --> 0:21:10.879
<v Speaker 3>happened to me to make me bitter, make me anger,

0:21:10.960 --> 0:21:13.760
<v Speaker 3>because I saw that it directly affects your health. So

0:21:13.880 --> 0:21:15.960
<v Speaker 3>I had to make my mind up to you know,

0:21:16.080 --> 0:21:18.960
<v Speaker 3>understand forgiveness and try to understand that maybe these people

0:21:18.960 --> 0:21:21.399
<v Speaker 3>made a mistake. Maybe they really thought we did do this,

0:21:21.520 --> 0:21:24.440
<v Speaker 3>you know, but I found out later on. This gets

0:21:24.480 --> 0:21:26.960
<v Speaker 3>me angry, man, is that they knew it was other

0:21:27.080 --> 0:21:31.120
<v Speaker 3>people and other suspects. They were on these guys trail, man,

0:21:32.160 --> 0:21:34.359
<v Speaker 3>and these are people that we're finding out other people

0:21:34.560 --> 0:21:37.280
<v Speaker 3>that committed the crime, and they were on that track,

0:21:37.359 --> 0:21:39.920
<v Speaker 3>but just wanted us just focus on us, man, and

0:21:39.960 --> 0:21:43.480
<v Speaker 3>went forward with a full story a preschool. It could

0:21:43.520 --> 0:21:47.040
<v Speaker 3>have poke holes in this God's story, but they moved

0:21:47.040 --> 0:21:47.560
<v Speaker 3>forward with it.

0:21:48.560 --> 0:21:53.199
<v Speaker 1>Yeah. I mean, it's extraordinary to me that you and

0:21:53.280 --> 0:21:55.879
<v Speaker 1>others have found a way to now we find this

0:21:56.000 --> 0:21:58.399
<v Speaker 1>spiritual grace or whatever you want to call it, but

0:21:58.480 --> 0:22:01.080
<v Speaker 1>also to overcome the best word I can think of

0:22:01.560 --> 0:22:04.960
<v Speaker 1>this incredible hardship is not even I can't find the

0:22:05.040 --> 0:22:08.840
<v Speaker 1>right word. But it's worth noting that al was convicted

0:22:08.880 --> 0:22:12.560
<v Speaker 1>about five years after the crime was committed, all the

0:22:12.560 --> 0:22:16.200
<v Speaker 1>way in nineteen ninety six, and that same year there

0:22:16.240 --> 0:22:18.840
<v Speaker 1>was a motion for a new trial based on an AFPHA.

0:22:18.920 --> 0:22:23.520
<v Speaker 1>David from Jeremiah Abdulah Charlton al who was he and

0:22:23.560 --> 0:22:26.120
<v Speaker 1>why was his affidavit significant?

0:22:26.280 --> 0:22:28.879
<v Speaker 3>So this was a few years after my conviction. I

0:22:29.040 --> 0:22:32.359
<v Speaker 3>run into this guy who says he had some information

0:22:32.480 --> 0:22:35.439
<v Speaker 3>that he's been trying to share and had in fact

0:22:35.560 --> 0:22:40.399
<v Speaker 3>shared with police, and he was the last person to

0:22:40.440 --> 0:22:43.239
<v Speaker 3>see Marshall Blakeley. At least he alleged he was, you know,

0:22:43.280 --> 0:22:46.480
<v Speaker 3>put her into the car with two guys to exchange

0:22:46.800 --> 0:22:49.879
<v Speaker 3>four drugs. I guess he was like pimping, so to speak,

0:22:50.080 --> 0:22:52.840
<v Speaker 3>and he put her in the car with these guys.

0:22:53.200 --> 0:22:56.119
<v Speaker 3>So the judge did give us a hearing based on

0:22:56.200 --> 0:23:00.199
<v Speaker 3>his affidavit. Anytime somebody files an affidavit, you have to

0:23:00.240 --> 0:23:04.000
<v Speaker 3>come to testify to the truthfulness of the appidated. But

0:23:04.440 --> 0:23:07.600
<v Speaker 3>when we get to the hearing, Malloya wasn't even prepared,

0:23:07.920 --> 0:23:10.720
<v Speaker 3>didn't call him, didn't subpoena any and lo and behold,

0:23:10.760 --> 0:23:14.800
<v Speaker 3>I found out this same prosecutor had indicted her for

0:23:14.920 --> 0:23:17.280
<v Speaker 3>some stuff in her office, you know, stuff that they

0:23:17.280 --> 0:23:20.040
<v Speaker 3>were going through, and had her under indictment at the

0:23:20.080 --> 0:23:22.720
<v Speaker 3>time of that hearing. So she wasn't in her right mind.

0:23:22.800 --> 0:23:26.960
<v Speaker 3>And the judge denied the hearing based on her unpreparedness,

0:23:27.240 --> 0:23:29.240
<v Speaker 3>and she was a good attorney. I mean, she fought,

0:23:29.320 --> 0:23:32.160
<v Speaker 3>she believed in me, but she couldn't go up against

0:23:32.160 --> 0:23:34.440
<v Speaker 3>these guys man, they were too influential.

0:23:34.880 --> 0:23:38.800
<v Speaker 1>It seems to me that there were any number of

0:23:38.880 --> 0:23:41.800
<v Speaker 1>times when the state had not just the opportunity, but

0:23:41.840 --> 0:23:46.119
<v Speaker 1>the obligation to right this wrong, but like it often does,

0:23:46.400 --> 0:23:49.199
<v Speaker 1>instead it sort of got under its shell like a

0:23:49.240 --> 0:23:53.840
<v Speaker 1>turtle and deflected any new information or evidence to protect

0:23:53.840 --> 0:23:56.320
<v Speaker 1>this wrongful conviction or these four wrong for convictions.

0:23:56.880 --> 0:24:00.240
<v Speaker 2>Yeah, how did his sort of regular direct appeals which

0:24:00.280 --> 0:24:03.919
<v Speaker 2>didn't go anywhere. And then later Avery Junior, you know,

0:24:03.960 --> 0:24:06.439
<v Speaker 2>the only guy that put him at the scene, he

0:24:06.520 --> 0:24:09.040
<v Speaker 2>recanted and admitted that he made the whole thing up.

0:24:09.480 --> 0:24:13.280
<v Speaker 2>What's interesting about that is it took a long time

0:24:13.320 --> 0:24:16.240
<v Speaker 2>for Al's family to track down Avery Junior. He kind

0:24:16.240 --> 0:24:18.840
<v Speaker 2>of lived off the grid and it was hard to

0:24:18.840 --> 0:24:21.399
<v Speaker 2>find him. But once they did and he admitted, you

0:24:21.440 --> 0:24:24.000
<v Speaker 2>know that he had lied in this. What we later

0:24:24.080 --> 0:24:27.440
<v Speaker 2>found out was that that wasn't the first time he recanted.

0:24:27.520 --> 0:24:30.919
<v Speaker 2>He actually recanted a couple of years before that to

0:24:31.040 --> 0:24:34.520
<v Speaker 2>an FBI agent in Detroit, just completely out of the blue,

0:24:34.520 --> 0:24:38.080
<v Speaker 2>and on his own. Nobody from the state ever got

0:24:38.119 --> 0:24:39.760
<v Speaker 2>a hold of Al or any of his attorneys to

0:24:39.840 --> 0:24:43.119
<v Speaker 2>let him know that. So at that point there was

0:24:43.240 --> 0:24:46.879
<v Speaker 2>no evidence left, and the States admitted that in filings

0:24:46.920 --> 0:24:50.160
<v Speaker 2>before that without Avery Junior, there's no case against Al.

0:24:50.520 --> 0:24:53.080
<v Speaker 2>So this was before Ohio Innocence Project and I got

0:24:53.080 --> 0:24:55.160
<v Speaker 2>involved in the case. But he went back to state

0:24:55.200 --> 0:24:58.920
<v Speaker 2>court with this sworn statement in affidavit from Avery Junior,

0:24:59.000 --> 0:25:01.639
<v Speaker 2>and in the state court they finally eventually held a

0:25:01.680 --> 0:25:04.920
<v Speaker 2>hearing where they called him into testify. Well, they read

0:25:04.960 --> 0:25:07.960
<v Speaker 2>him his rights on the stand, he threatened to prosecute

0:25:08.000 --> 0:25:11.159
<v Speaker 2>him with perjury in the four different trials if he

0:25:11.240 --> 0:25:14.560
<v Speaker 2>proceeded to recant on the stand, and he said, well,

0:25:14.560 --> 0:25:17.359
<v Speaker 2>I'm not going to prison for thirty years, took the

0:25:17.400 --> 0:25:21.520
<v Speaker 2>fifth and walked out. Now, the only reasonable conclusion you

0:25:21.560 --> 0:25:23.439
<v Speaker 2>could draw from that was that he was going to

0:25:23.440 --> 0:25:26.640
<v Speaker 2>testify that he lied at the trial because he wasn't

0:25:26.640 --> 0:25:28.920
<v Speaker 2>in any danger if he was going to suddenly say

0:25:28.960 --> 0:25:30.960
<v Speaker 2>he was telling the truth at the trial, if that

0:25:31.000 --> 0:25:34.119
<v Speaker 2>makes sense. But in any case, he walks outside and

0:25:34.119 --> 0:25:36.520
<v Speaker 2>there's an interview with a reporter right afterward where he says,

0:25:36.600 --> 0:25:38.520
<v Speaker 2>dude's innocent but I'm not going to prison for it.

0:25:39.040 --> 0:25:39.240
<v Speaker 3>Yeah.

0:25:40.640 --> 0:25:42.920
<v Speaker 1>Yeah, his silence spoke volumes.

0:25:42.760 --> 0:25:45.440
<v Speaker 2>Absolutely, and if they were interested in justice, they would

0:25:45.480 --> 0:25:48.439
<v Speaker 2>have let him testify. So yeah, then he lost there

0:25:48.520 --> 0:25:50.880
<v Speaker 2>and then we ended up in federal court, and that's

0:25:50.880 --> 0:25:52.040
<v Speaker 2>where I kind of came in.

0:25:52.200 --> 0:25:56.040
<v Speaker 1>We know how difficult the federal court is. Unfortunately, due

0:25:56.080 --> 0:25:59.399
<v Speaker 1>to EDPA, the chances of success in federal court are

0:26:00.080 --> 0:26:02.240
<v Speaker 1>basically the same as a snowballs chance in hell. But

0:26:03.080 --> 0:26:05.680
<v Speaker 1>tell us what you did, how you did it, and

0:26:05.800 --> 0:26:09.120
<v Speaker 1>how the hell you finally managed to bring him home

0:26:09.160 --> 0:26:10.040
<v Speaker 1>as a miracle.

0:26:10.440 --> 0:26:13.960
<v Speaker 2>So we filed it in federal court, and the district

0:26:13.960 --> 0:26:16.119
<v Speaker 2>court had said that we couldn't go forward with the

0:26:16.119 --> 0:26:20.360
<v Speaker 2>habeas case because there's this statute of limitations for of

0:26:20.400 --> 0:26:23.120
<v Speaker 2>one year, and long story short, they said we were

0:26:23.119 --> 0:26:26.800
<v Speaker 2>too late. So we filed an appeal because there's this

0:26:26.920 --> 0:26:31.120
<v Speaker 2>exception if you can show that someone is actually innocent,

0:26:31.359 --> 0:26:35.320
<v Speaker 2>and that's what we did with the recantation from avery.

0:26:35.560 --> 0:26:38.760
<v Speaker 2>And then we had evidence from the alibi witnesses and

0:26:38.840 --> 0:26:42.479
<v Speaker 2>additional alibi witnesses as well. So the state, you know,

0:26:42.520 --> 0:26:46.200
<v Speaker 2>had poked holes in Al's Alibia trial by saying, well,

0:26:46.240 --> 0:26:49.200
<v Speaker 2>he could have driven or flown here after the times

0:26:49.280 --> 0:26:51.159
<v Speaker 2>we knew he was in New York. Well, we had

0:26:51.160 --> 0:26:54.680
<v Speaker 2>additional witnesses that we found that proved that al was

0:26:54.720 --> 0:26:58.199
<v Speaker 2>in New York at the time the crime happened, or

0:26:58.280 --> 0:27:00.680
<v Speaker 2>so close in time to it that it lets he

0:27:00.720 --> 0:27:04.480
<v Speaker 2>could time travel, he could not have possibly gone back

0:27:04.480 --> 0:27:08.240
<v Speaker 2>to Ohio. So based on those things, we convinced the

0:27:08.240 --> 0:27:10.680
<v Speaker 2>Sixth Circuit that we had shown that he was actually innocent.

0:27:11.119 --> 0:27:13.399
<v Speaker 2>That didn't mean that he got to go home. That

0:27:13.600 --> 0:27:16.200
<v Speaker 2>just meant that we got the right to actually pursue

0:27:16.240 --> 0:27:21.240
<v Speaker 2>the habeas claims in the district court. So in federal

0:27:21.280 --> 0:27:24.639
<v Speaker 2>court you have to make federal constitutional claims. So we

0:27:24.640 --> 0:27:28.760
<v Speaker 2>were making federal claims of Brady violations where the state

0:27:28.920 --> 0:27:32.280
<v Speaker 2>had hid evidence and also that they had intentionally put

0:27:32.320 --> 0:27:35.240
<v Speaker 2>on false evidence from Avery that they knew was false,

0:27:35.720 --> 0:27:39.160
<v Speaker 2>and also claimed like an effective assistance of trial council

0:27:39.440 --> 0:27:42.320
<v Speaker 2>for failing to find some of these additional alibi witnesses.

0:27:42.520 --> 0:27:45.760
<v Speaker 2>And then we also made a claim based on actual

0:27:45.760 --> 0:27:49.160
<v Speaker 2>innocence and said, you know, he has a federal constitutional

0:27:49.240 --> 0:27:51.360
<v Speaker 2>right to not be in prison if he's actually innocent.

0:27:51.480 --> 0:27:54.800
<v Speaker 2>Although interestingly, the US Supreme Court even to this day

0:27:54.920 --> 0:27:58.680
<v Speaker 2>has not expressly recognized that that's a federal constitutional right

0:27:59.200 --> 0:28:01.919
<v Speaker 2>to not be in prison and if you're innocent. So

0:28:03.200 --> 0:28:07.520
<v Speaker 2>we had this hearing and then we lost. I mean,

0:28:07.560 --> 0:28:10.359
<v Speaker 2>I can't even describe how I felt when the notification

0:28:10.480 --> 0:28:12.600
<v Speaker 2>came in. It came over email and I saw it,

0:28:12.640 --> 0:28:15.960
<v Speaker 2>and I think I just about fell out of my chair.

0:28:17.000 --> 0:28:17.199
<v Speaker 3>You know.

0:28:17.280 --> 0:28:20.560
<v Speaker 2>Losing the appeals in this case has been I think

0:28:20.600 --> 0:28:22.960
<v Speaker 2>the hardest thing I've had to deal with professionally. It

0:28:23.200 --> 0:28:28.919
<v Speaker 2>still boggles my mind and infuriates me and saddens me

0:28:28.960 --> 0:28:33.639
<v Speaker 2>all at the same time. And then, because of the

0:28:33.640 --> 0:28:37.480
<v Speaker 2>weirdness of habeas law, we weren't allowed to appeal directly.

0:28:37.520 --> 0:28:40.120
<v Speaker 2>We had to ask for permission to appeal. And then

0:28:40.720 --> 0:28:42.840
<v Speaker 2>the Sixth Circuit, which was the same court that had

0:28:42.880 --> 0:28:45.600
<v Speaker 2>said we had put forward a case showing that al

0:28:45.680 --> 0:28:48.800
<v Speaker 2>was actually innocent, then denied us the right to appeal

0:28:48.880 --> 0:28:50.680
<v Speaker 2>and said we didn't even have the right to appeal,

0:28:50.760 --> 0:28:53.120
<v Speaker 2>which I still can't explain that. I don't know how

0:28:53.160 --> 0:28:55.760
<v Speaker 2>you say, well, it looks like he's actually innocent, then

0:28:55.800 --> 0:28:59.040
<v Speaker 2>get more evidence supporting that, and then just say, well,

0:28:59.040 --> 0:29:00.840
<v Speaker 2>never mind, we're not going to hear you claim anymore.

0:29:01.240 --> 0:29:02.160
<v Speaker 2>But that's what happened.

0:29:03.480 --> 0:29:06.400
<v Speaker 1>That's our system, ladies and gentlemen. The Sixth Circuit said, yeah,

0:29:06.440 --> 0:29:08.840
<v Speaker 1>you're innocent, but no, we're not going to give you

0:29:08.920 --> 0:29:13.200
<v Speaker 1>a new trial. Furthermore, the Supreme Court has said that

0:29:13.560 --> 0:29:18.560
<v Speaker 1>actual innocence doesn't necessarily provide a basis for relief. I

0:29:18.560 --> 0:29:21.480
<v Speaker 1>think it was Scalia who made that, those awful statements.

0:29:21.520 --> 0:29:25.720
<v Speaker 1>And you know, we should all be reviled by this,

0:29:26.000 --> 0:29:28.840
<v Speaker 1>Like what are you talking about? Like what the fuck

0:29:29.080 --> 0:29:32.800
<v Speaker 1>are you talking about? That actual innocence is not a

0:29:32.840 --> 0:29:38.000
<v Speaker 1>basis for a relief, Yes it is. Everybody knows this,

0:29:38.280 --> 0:29:41.560
<v Speaker 1>and yes, that's not the way it works here. It's

0:29:41.600 --> 0:29:45.520
<v Speaker 1>like procedure is more important than justice. It's basically what

0:29:45.600 --> 0:29:49.400
<v Speaker 1>it comes down to. And it's madness. It's absolute madness.

0:29:49.440 --> 0:29:52.320
<v Speaker 1>And we're here, als here in the flesh, as a

0:29:52.400 --> 0:29:57.040
<v Speaker 1>living example of just how wrong all of this is.

0:29:57.600 --> 0:30:00.600
<v Speaker 1>But before we get to the closes of the show,

0:30:00.880 --> 0:30:06.760
<v Speaker 1>I want to talk about one other, absolutely extraordinary aspect

0:30:06.800 --> 0:30:11.520
<v Speaker 1>of your life, and that is your wife and family.

0:30:12.160 --> 0:30:16.720
<v Speaker 1>It's beautiful in all this darkness and misery, this woman

0:30:16.800 --> 0:30:20.400
<v Speaker 1>who I look forward to meeting someday stood by you.

0:30:21.120 --> 0:30:23.240
<v Speaker 1>How is that even possible twenty five years.

0:30:23.320 --> 0:30:25.960
<v Speaker 3>We did an interview yesterday and I asked her during

0:30:25.960 --> 0:30:29.200
<v Speaker 3>an interview what would make a woman make such a

0:30:29.320 --> 0:30:32.440
<v Speaker 3>huge sacrifice in her life, and she just said, man

0:30:32.640 --> 0:30:36.800
<v Speaker 3>loved I mean, it was very powerful and this woman

0:30:38.240 --> 0:30:42.640
<v Speaker 3>loves me. Man. That's why I made that song Jennifer

0:30:42.720 --> 0:30:45.360
<v Speaker 3>about you guys, and I'm telling all through the song

0:30:45.480 --> 0:30:48.280
<v Speaker 3>like love can do all things. Yeah, I had Damon

0:30:48.360 --> 0:30:51.600
<v Speaker 3>John as a friend and he did rise while I

0:30:51.680 --> 0:30:54.400
<v Speaker 3>was in prison and helped out with attorney fees where

0:30:54.440 --> 0:30:57.120
<v Speaker 3>he could and where I needed him to. But it

0:30:57.200 --> 0:31:00.920
<v Speaker 3>wasn't money. It was the love of people, was the

0:31:00.960 --> 0:31:02.880
<v Speaker 3>love of my wife. It was a love of family

0:31:02.880 --> 0:31:05.600
<v Speaker 3>members who supported me. It was a love of Jennifer

0:31:05.680 --> 0:31:08.360
<v Speaker 3>and the Innocence Project. And it's just me saying thanks.

0:31:08.400 --> 0:31:10.080
<v Speaker 3>So I want to share that. You know, I'll go

0:31:10.160 --> 0:31:12.960
<v Speaker 3>by the name of Deacon Cleveland. It's called Welcome Back

0:31:13.320 --> 0:31:17.120
<v Speaker 3>and awesome. Thanks for all of them, Thanks for all

0:31:17.240 --> 0:31:18.280
<v Speaker 3>your thoughts while.

0:31:18.120 --> 0:31:19.080
<v Speaker 1>I was up in there and.

0:31:20.880 --> 0:31:23.560
<v Speaker 3>Appreciate your support while I was down in bed.

0:31:26.520 --> 0:31:29.680
<v Speaker 1>Now I'm so happy that your talents will finally be

0:31:29.800 --> 0:31:32.920
<v Speaker 1>put to use in the world. So everyone, please make

0:31:32.960 --> 0:31:36.040
<v Speaker 1>sure you scroll down we'll have all of this link

0:31:36.200 --> 0:31:36.680
<v Speaker 1>in the bio.

0:31:36.880 --> 0:31:38.680
<v Speaker 3>And don't forgive my wife and not books. She's sitting

0:31:38.720 --> 0:31:41.920
<v Speaker 3>right here with me. Three Strands, one Core, a Couple's

0:31:41.960 --> 0:31:46.280
<v Speaker 3>Guide to Understanding Incoserration for couples and families going through

0:31:46.280 --> 0:31:49.960
<v Speaker 3>in conservation. If they need some help on how to

0:31:50.040 --> 0:31:53.600
<v Speaker 3>navigate that terrain and make it through and possibly even

0:31:53.880 --> 0:31:57.960
<v Speaker 3>thrive in love, yess, then get the book. It's our

0:31:58.000 --> 0:32:01.920
<v Speaker 3>way of serving that community. So three strands, one chord,

0:32:02.480 --> 0:32:08.000
<v Speaker 3>Couple's God to Understanding Incarceration. ROBERTA and Alpha Clean, thank

0:32:08.000 --> 0:32:12.200
<v Speaker 3>you for real man, those that the Ohio inno'ss Project,

0:32:12.280 --> 0:32:15.400
<v Speaker 3>Jennifer and them, and Morgan and Jassie.

0:32:15.080 --> 0:32:18.840
<v Speaker 1>In Virginia, and you know Jason Flem and.

0:32:18.840 --> 0:32:24.880
<v Speaker 3>Lourie pushing praying, my wife, my kids never complain once

0:32:25.000 --> 0:32:28.840
<v Speaker 3>move house to house, the house. It was crazy crazy.

0:32:39.920 --> 0:32:43.920
<v Speaker 1>In summer of twenty twenty, Jennifer, you presented OL's case

0:32:44.200 --> 0:32:48.440
<v Speaker 1>of innocence along with countless letters of support, and at

0:32:48.480 --> 0:32:52.440
<v Speaker 1>that pro board hearing they voted in favor of Al's release.

0:32:53.040 --> 0:32:55.000
<v Speaker 2>So in Ohio, the way it works is if you

0:32:55.720 --> 0:33:00.560
<v Speaker 2>are recommended for parole and certain crimes, the victims family

0:33:00.720 --> 0:33:04.200
<v Speaker 2>or the prosecutor has the opportunity to object, so that's

0:33:04.240 --> 0:33:05.960
<v Speaker 2>what happened, and so then it goes to the full

0:33:05.960 --> 0:33:08.640
<v Speaker 2>parole board. So there was ten members and we went in.

0:33:08.680 --> 0:33:12.400
<v Speaker 2>Person Al was not there. It was me and his wife.

0:33:12.680 --> 0:33:15.080
<v Speaker 2>We came in and spoke, and then Damon John spoke

0:33:15.320 --> 0:33:19.200
<v Speaker 2>via the internet, and then you know, the victims' family

0:33:19.200 --> 0:33:21.520
<v Speaker 2>members were allowed to speak too. But it was a

0:33:21.640 --> 0:33:26.000
<v Speaker 2>really moving and overwhelming moment because one of the victim's

0:33:26.040 --> 0:33:29.040
<v Speaker 2>family members actually spoke out in favor of parole because

0:33:29.080 --> 0:33:30.880
<v Speaker 2>she didn't think that they had done the crime either,

0:33:31.520 --> 0:33:35.880
<v Speaker 2>which just hearing that was overwhelming. So the whole parole

0:33:35.920 --> 0:33:37.400
<v Speaker 2>board left and we just kind of had to sit

0:33:37.440 --> 0:33:39.480
<v Speaker 2>there and wait for them to make a decision, which

0:33:39.560 --> 0:33:42.000
<v Speaker 2>was one of the longest times of waiting I think

0:33:42.040 --> 0:33:44.680
<v Speaker 2>I've ever felt. But they came back in and it

0:33:44.720 --> 0:33:48.000
<v Speaker 2>was nine to one in favor of parole for him

0:33:48.120 --> 0:33:51.120
<v Speaker 2>and his codefendant, Lyndworth Edwards, was also up that day

0:33:51.160 --> 0:33:54.400
<v Speaker 2>and so they both were granted it, and I mean,

0:33:54.440 --> 0:33:56.600
<v Speaker 2>it was just incredible knowing he was finally going to

0:33:56.680 --> 0:34:00.120
<v Speaker 2>come home. It was frustrating knowing he wasn't getting exonerate

0:34:00.360 --> 0:34:04.640
<v Speaker 2>or no one was acknowledging his innocence yet, but at

0:34:04.720 --> 0:34:05.560
<v Speaker 2>least he'd be home.

0:34:07.520 --> 0:34:11.800
<v Speaker 1>It's anti climactic in a sense because this is important

0:34:11.800 --> 0:34:14.600
<v Speaker 1>for the audience to hear. Al still hasn't been declared

0:34:14.680 --> 0:34:17.640
<v Speaker 1>actually innocent, which means he's not eligible for compensation, he

0:34:17.719 --> 0:34:21.760
<v Speaker 1>still has to be on parole, etc. I'm going to

0:34:21.760 --> 0:34:23.200
<v Speaker 1>put it out there right now. I mean, I think

0:34:23.200 --> 0:34:26.960
<v Speaker 1>we have to explore the possibility of getting an absolute pardon.

0:34:27.200 --> 0:34:29.520
<v Speaker 1>You know, I will help in any way that I'm

0:34:29.560 --> 0:34:31.080
<v Speaker 1>asked to. I don't want to get in the way.

0:34:31.200 --> 0:34:33.759
<v Speaker 1>I think the governor of Ohio is a reasonable and

0:34:34.000 --> 0:34:34.720
<v Speaker 1>decent man.

0:34:34.920 --> 0:34:37.280
<v Speaker 2>Well, thank you. I will say that we're not done yet.

0:34:37.480 --> 0:34:40.960
<v Speaker 2>We think we've identified who actually did the crime, and

0:34:41.040 --> 0:34:43.359
<v Speaker 2>so you know, we're now in the position the only

0:34:43.520 --> 0:34:46.160
<v Speaker 2>legal avenue he has forward at this point is if

0:34:46.239 --> 0:34:48.399
<v Speaker 2>we can solve the crime for the state and kind

0:34:48.440 --> 0:34:50.440
<v Speaker 2>of take it to them, which is what we're working on.

0:34:50.719 --> 0:34:54.520
<v Speaker 2>So stay tuned. Hopefully this isn't the end. Hopefully he

0:34:54.560 --> 0:34:57.440
<v Speaker 2>will eventually get the exoneration he deserves.

0:34:58.239 --> 0:35:01.920
<v Speaker 1>Amen to that. And at this point we turn to

0:35:02.440 --> 0:35:05.400
<v Speaker 1>the part where I first of all thank each of

0:35:05.440 --> 0:35:11.560
<v Speaker 1>you for being here and sharing this unbelievable story. And

0:35:11.920 --> 0:35:15.000
<v Speaker 1>now I'm going to introduce the closing of the show,

0:35:15.239 --> 0:35:17.719
<v Speaker 1>which is called closing arguments and probably enough. And this

0:35:17.760 --> 0:35:21.520
<v Speaker 1>is the part where I turn off my microphone, kick

0:35:21.600 --> 0:35:24.359
<v Speaker 1>back in my chair, close my eyes, leave my headphones on,

0:35:24.600 --> 0:35:26.960
<v Speaker 1>and I turn it over to you first, Jennifer, for

0:35:27.200 --> 0:35:29.640
<v Speaker 1>closing arguments, whatever you want to say, anything you think

0:35:29.680 --> 0:35:32.880
<v Speaker 1>that's left unsaid, and then we'll save the best for last,

0:35:33.040 --> 0:35:36.520
<v Speaker 1>and we'll go to you, Al for your closing arguments,

0:35:36.560 --> 0:35:37.799
<v Speaker 1>and that's how we'll end the show.

0:35:38.440 --> 0:35:40.880
<v Speaker 2>Well, I wanted to say thank you for having me

0:35:41.000 --> 0:35:46.200
<v Speaker 2>on today and listening to the story about We barely

0:35:46.239 --> 0:35:49.040
<v Speaker 2>scratch the surface of all the crazy twists and turns

0:35:49.040 --> 0:35:53.120
<v Speaker 2>of this case, but I appreciate you bringing this to

0:35:53.200 --> 0:35:55.680
<v Speaker 2>the audience. And Al, I just wanted to say thank

0:35:55.719 --> 0:36:00.000
<v Speaker 2>you for believing in me over this whole time, even

0:36:00.080 --> 0:36:02.960
<v Speaker 2>when things haven't gone as we hoped. But I'm just

0:36:03.120 --> 0:36:05.920
<v Speaker 2>so delighted that you're home, and I'm so excited to

0:36:05.960 --> 0:36:07.680
<v Speaker 2>see all the good that you're doing in the world.

0:36:07.719 --> 0:36:11.600
<v Speaker 2>And I'm happy that other people now finally get to

0:36:11.640 --> 0:36:13.440
<v Speaker 2>see what I've been able to see for the last

0:36:13.760 --> 0:36:16.120
<v Speaker 2>eleven years that we've been working on this case together,

0:36:16.960 --> 0:36:19.720
<v Speaker 2>and I'm excited to see what comes in your future,

0:36:20.080 --> 0:36:21.920
<v Speaker 2>but also just a reminder that you can't do it

0:36:21.920 --> 0:36:25.920
<v Speaker 2>all in a day, because I know you're trying well.

0:36:27.120 --> 0:36:29.600
<v Speaker 3>So, Jennifer, I want to first, I want to thank you.

0:36:30.000 --> 0:36:32.480
<v Speaker 3>I want to thank Cassie. I want to thank Morgan.

0:36:32.520 --> 0:36:34.680
<v Speaker 3>I want to thank Virginia. I want to think Professor

0:36:34.800 --> 0:36:38.560
<v Speaker 3>Gatzi for you know, backing us, putting you in position,

0:36:38.880 --> 0:36:42.120
<v Speaker 3>for taking the case, taking a huge burden off of

0:36:42.200 --> 0:36:46.600
<v Speaker 3>me and my family, you know. Thank you. Second, Jason,

0:36:46.640 --> 0:36:49.640
<v Speaker 3>you talked about going to the governor for a pardon

0:36:49.880 --> 0:36:53.000
<v Speaker 3>and helping in any way. You can thank you for that.

0:36:53.920 --> 0:36:57.560
<v Speaker 3>But I have two co defendants who are still incarcerated,

0:36:57.880 --> 0:37:02.640
<v Speaker 3>Benson Davis and John, and if we went to the

0:37:02.680 --> 0:37:07.200
<v Speaker 3>governor about anything, I would want the focus to be

0:37:07.360 --> 0:37:11.520
<v Speaker 3>them and their release because they're sitting in there. Their

0:37:11.560 --> 0:37:14.799
<v Speaker 3>poor boy days didn't come up like Lenny's and ours did.

0:37:15.680 --> 0:37:19.160
<v Speaker 3>They're still in there and they don't deserve to be there,

0:37:19.920 --> 0:37:23.759
<v Speaker 3>so any efforts in that area I would love to

0:37:23.800 --> 0:37:26.480
<v Speaker 3>be focused on them. I'm gonna be all right, bro,

0:37:28.440 --> 0:37:32.840
<v Speaker 3>I'm gonna be okay. You know what I mean? With them?

0:37:33.040 --> 0:37:37.799
<v Speaker 3>And if anybody out there has any information, you know

0:37:37.840 --> 0:37:40.800
<v Speaker 3>what a long shot this is on a Wrongful Previction podcast.

0:37:41.400 --> 0:37:44.560
<v Speaker 3>Who knows somebody might listen to this and have some

0:37:44.719 --> 0:37:48.719
<v Speaker 3>information about who really committed the crimes. We think we

0:37:48.800 --> 0:37:50.960
<v Speaker 3>know the truth, we think we know who did it,

0:37:51.360 --> 0:37:55.560
<v Speaker 3>but we need confirmation, we need concrete evidence. So please

0:37:55.719 --> 0:37:59.839
<v Speaker 3>contact my lawyer at the Innocence Project, Jennifer, please tell

0:37:59.920 --> 0:38:02.400
<v Speaker 3>us your number or who they can contact if you

0:38:02.440 --> 0:38:07.720
<v Speaker 3>have any information, contact them and let's get this overwent

0:38:08.080 --> 0:38:11.480
<v Speaker 3>so we can get these men out of prison. Jennifer,

0:38:11.520 --> 0:38:12.759
<v Speaker 3>please please tell them me you number.

0:38:13.480 --> 0:38:16.160
<v Speaker 2>Yeah, absolutely, the Ohio Innocence Project. You can reach us

0:38:16.200 --> 0:38:20.040
<v Speaker 2>here at five one three five five six zero seven

0:38:20.320 --> 0:38:24.479
<v Speaker 2>five to two. And I also wanted to just add

0:38:24.520 --> 0:38:28.400
<v Speaker 2>that the fact that you know you were given the

0:38:28.480 --> 0:38:31.879
<v Speaker 2>chance to say anything after Jason, and your first thought

0:38:32.000 --> 0:38:33.680
<v Speaker 2>is to think of your two co defendants who are

0:38:33.680 --> 0:38:36.520
<v Speaker 2>still in prison, I think tells everybody all they need

0:38:36.520 --> 0:38:37.480
<v Speaker 2>to know about your character.

0:38:38.280 --> 0:38:39.080
<v Speaker 3>Appreciate that.

0:38:46.200 --> 0:38:49.040
<v Speaker 1>Thank you for listening to Wrongful Conviction with Jason Flamm.

0:38:49.600 --> 0:38:52.600
<v Speaker 1>Please support your local innocence projects and go to the

0:38:52.640 --> 0:38:54.600
<v Speaker 1>link in our bio to see how you can help.

0:38:55.040 --> 0:38:58.120
<v Speaker 1>I'd like to thank our production team Connor Hall, Jeff

0:38:58.160 --> 0:39:01.960
<v Speaker 1>Cliburn and Kevin Warnis. The music on the show, as always,

0:39:02.080 --> 0:39:05.080
<v Speaker 1>is by three time OSCAR nominated composer Jay Ralph.

0:39:05.480 --> 0:39:06.040
<v Speaker 3>Be sure to.

0:39:06.000 --> 0:39:09.719
<v Speaker 1>Follow us on Instagram at Wrongful Conviction and on Facebook

0:39:09.760 --> 0:39:13.719
<v Speaker 1>at Wrongful Conviction Podcast. Wrongful Conviction with Jason Flamm is

0:39:13.760 --> 0:39:16.640
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0:39:16.760 --> 0:39:24.680
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