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Speaker 1: On April third, two thousand and three, three men robbed

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Speaker 1: a Houston checkcashing store, shooting and killing the clerk, Alfridia Jones,

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Speaker 1: as well as the responding officer, Charles Clark. An eyewitness

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Speaker 1: saw the men flee to a local housing project. Two

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Speaker 1: of the men, the Shawn Glasbia and Elijah Jubert, were

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Speaker 1: soon identified and arrested, but they protected the third man

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Speaker 1: by pointing the finger at Dwayne Brown. The Shawn Glasbia

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Speaker 1: cut a deal for his testimony against Dwayne, and a

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Speaker 1: second eyewitness was coerced into supporting that testimony. But Dwayne

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Speaker 1: was at his girlfriend, Erica Dockery's apartment at the time

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Speaker 1: of the crime. He had called her at her workplace

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Speaker 1: on the apartment's landline, and Erica corroborated that story. The

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Speaker 1: prosecutor soon charged Erica Dockery with perjury for her grand

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Speaker 1: jury testimony, sending her to jail for four months, away

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Speaker 1: from her kids, and causing her to eventually start telling

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Speaker 1: the story that he wanted here. With no more alibi

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Speaker 1: witnesses and no phone records presented in trial to corroborate

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Speaker 1: his story, Dwayne, a man they knew was innocent, was

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Speaker 1: sent to death Row. This is Wrongful Conviction with Jason Flamm.

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Speaker 1: Welcome back to Wrongful Conviction with Jason Flamm. You're about

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Speaker 1: to hear the story of Dwayne Brown. This case involves

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Speaker 1: an innocent man sentenced to death, a district attorney who

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Speaker 1: knew he was innocent before he prosecuted him, and witnesses

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Speaker 1: that were coursed as two light of a term with

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Speaker 1: us today to tell the story is the man who

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Speaker 1: is primarily responsible for getting him out. Brian Stolar's Welcome

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Speaker 1: to Wrongful Conviction.

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Speaker 2: Hey, thank you so much for having me.

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Speaker 1: And of course saving the best for last. We have

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Speaker 1: the man himself, Dwayne Brown. Thank you for being here,

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Speaker 1: and welcome to wrongful Conviction.

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Speaker 3: Thank you, thank you for having me.

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Speaker 1: And sorry for everything that you had to go through

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Speaker 1: to get here to be here, but so happy that

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Speaker 1: you're free today. So let's go back to the beginning.

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Speaker 1: Where did you grow up and what was your life

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Speaker 1: like before this this tragedy happened that you ended up

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Speaker 1: being falsely blamed for.

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Speaker 3: Well, I grew up back and forth and takes us

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Speaker 3: a Louisana with my mom, but I mainly stayed in Lousano.

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Speaker 3: Out here is just a straight country. You know, it's

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Speaker 3: a lot of fun. If you like being out in

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Speaker 3: and open. That's well. I live in now.

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Speaker 2: It's peaceful, okay.

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Speaker 1: And Brian, can you take us back to the crime

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Speaker 1: and how the hell Dwayne Ever got his name thrown

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Speaker 1: into the mix when it should have been clear to

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Speaker 1: everyone that he wasn't and could not have been a

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Speaker 1: part of this scenario.

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Speaker 2: On April third, two thousand and three, three men robbed

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Speaker 2: a Houston check cashing store South Houston called Ace America's

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Speaker 2: Cash Express. There was an inside job. Someone who worked

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Speaker 2: there said there was going to be three hundred thousand bucks,

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Speaker 2: a huge drop of money, so people were conspiring to

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Speaker 2: steal it. Three men went to go rob it, and

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Speaker 2: a clerk who was there that day turned out to

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Speaker 2: not be the woman who gave him the inside tip.

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Speaker 2: She got cold feet, decided she didn't want to be there.

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Speaker 2: So a woman named Alfridia Jones, who had just had

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Speaker 2: a baby, twenty seven year old woman, and she opened

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Speaker 2: the door. She got bum rushed by one of the guys.

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Speaker 2: They asked her to open the safe. She says, I

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Speaker 2: have to call to let my boss know him here.

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Speaker 2: She calls but she uses the code for being robbed

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Speaker 2: as I'm opening store twenty four or something like that. That

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Speaker 2: was code from being robbed. Officer Charles Clark, a forty

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Speaker 2: five year old decorated veteran of the Heaston Police Force,

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Speaker 2: almost on the verge of retirement, was nearby. They were

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Speaker 2: towing cars for impound and he happened to be nearby.

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Speaker 2: So he went to the scene and was murdered tragically.

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Speaker 2: And Alfredia Jones was murdered tragically. And the record driver

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Speaker 2: who was with the cop had driven by the scene

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Speaker 2: and saw three men rush out. And the three men

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Speaker 2: went to a housing complex, got rid of some clothes,

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Speaker 2: tried to get out of town. Now two of those

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Speaker 2: men we know. One of them was arrested the next

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Speaker 2: day to Shawn Glasby and another man named Elijah Jolbert.

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Speaker 2: Last week was twenty one, Elijah twenty three. Now there

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Speaker 2: was three men. The Glassby and Joe bat sort of

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Speaker 2: conspired to tell them that Dwayne Brown was the third guy,

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Speaker 2: and they had several interviews with the cops. They were

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Speaker 2: getting the third degree, and Glassby cut a deal. He

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Speaker 2: agreed to plead guilty to armed robbery only and take

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Speaker 2: a thirty year sentence in exchange for testifying against Dwayne

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Speaker 2: and Elijah Jolbert in separate trials. Elijah Jolbert was charged

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Speaker 2: with murdering Alfrida Jones and Dwayne Brown was charge at

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Speaker 2: murdering Officer Clark.

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Speaker 1: So they got to charge two people with capital murder,

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Speaker 1: which we know Texas loves their death penalty, right, And

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Speaker 1: these guys didn't want to implicate the third guy for

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Speaker 1: whatever reason, the actual third guy who was known to them.

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Speaker 1: But how did it come to your attention that you

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Speaker 1: were a suspect in this case? Did they just bust

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Speaker 1: down your door one day and.

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Speaker 3: My mommy came got me. Somebody told her that what

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Speaker 3: was going on, So she was asking me what's going on?

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Speaker 3: I said, I don't know. She said, well, if you

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Speaker 3: wasn't there, let's just go turn yourself into the police station.

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Speaker 3: And they pulled me over right before I got to

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Speaker 3: the police station.

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Speaker 1: Did you know that this was what they wanted you for? No?

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Speaker 3: I didn't.

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Speaker 1: So you just were going in to see what was

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Speaker 1: going on pretty much right, And then did you ever

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Speaker 1: see free air again after that moment?

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Speaker 3: Oh? No, Once they put them handc les something I

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Speaker 3: didn't try them loosen until twelve years later.

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Speaker 1: Listeners of our show, No, I've had Rob Well and

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Speaker 1: Rodney Reid, two innocent men on death row in Texas

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Speaker 1: on the show. I can't even imagine what twelve minutes

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Speaker 1: on there would be like, much less twelve years. But

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Speaker 1: you're here to tell the tale, which is great, and

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Speaker 1: you know how it happened to you and how it

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Speaker 1: got undone, Brian, if you could walk through some of

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Speaker 1: the dirty tricks that they used in order to fabricate

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Speaker 1: this case and to condemn an innocent man, you know,

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Speaker 1: the whole system broke on Dwayne. Now, there's never been

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Speaker 1: and never will be, any science that ties Dwayne to

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Speaker 1: this offense. No DNA, no gunsch at residue, no fingerprints,

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Speaker 1: no nothing. And so they had to get this conviction

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Speaker 1: through witness testimony because they already had Deshaun Glassbie, who

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Speaker 1: agreed to plead guilty thirty years testify against them. But

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Speaker 1: by law, they corroborated the snitches testimony with evidence, but

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Speaker 1: they had none because they had no science. And I

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Speaker 1: realized pretty early on when I got the case on

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Speaker 1: habeas which we'll explain later, that this was corrupt from

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Speaker 1: the very very beginning, and it manifests itself in a

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Speaker 1: couple different ways. First witness intimidation. He had one witness

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Speaker 1: named Sean de Simon who had told the police that

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Speaker 1: she did not see Dwayne the morning of. They apparently

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Speaker 1: had all congregated at.

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Speaker 2: A housing complex. She said that she didn't see him.

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Speaker 2: The police pressure frightened her and said, if you don't

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Speaker 2: say that you saw Dwaine that morning, we're gonna take

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Speaker 2: your kids away. She was living in a housing vouchered

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Speaker 2: a child with cerebral palsy in a wheelchair, wanted nothing

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Speaker 2: to do with the police. They made her life miserable.

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Speaker 2: They came by every day, and so she said, fine,

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Speaker 2: I saw him there. So that's one piece of witness.

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Speaker 2: I said that they saw the morning of. But Jason,

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Speaker 2: nowhere was the investigation more corrupt and I think more

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Speaker 2: broken than in the grand jury process involving Erica Dockery.

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Speaker 2: Now Erica Dockery was Dwayne's girlfriend, and Dwayne had an

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Speaker 2: alibi from the very beginning. He was at Erica's apartment

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Speaker 2: on the morning of the murder and made a phone

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Speaker 2: call to where she worked. And so she goes to

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Speaker 2: the police station and tells that exact thing. When I

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Speaker 2: left for work that morning, he was there, and yeah,

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Speaker 2: later that morning, I was working as a home health

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Speaker 2: carriage to an elderly woman. A phone call came in.

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Speaker 2: I looked down on the caller ID box, which incidentally

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Speaker 2: have to explain to anyone under the age of thirty.

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Speaker 2: But on the caller ID box it said her house.

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Speaker 2: The elderly woman picks it up, it's Dwayne, hands it

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Speaker 2: to Erica. He tells that to the cops, and then

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Speaker 2: she gets put in what's called the grand jury. For

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Speaker 2: those of you who are not criminal defense lawyers, a

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Speaker 2: grand jury is an investigative body of members of the public.

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Speaker 2: But I have to get to that later too. Is

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Speaker 2: how this was also skewed. Members of the public sit

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Speaker 2: and listen to the evidence, and if there's enough evidence

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Speaker 2: to proceed, then the grand jury says, yes, prosecutor, you

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Speaker 2: may proceed with a charge against that defendant. Then the

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Speaker 2: charge is lodged, and then you get to the trial

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Speaker 2: stff like you see on TV. Erica goes to the

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Speaker 2: grand jury and says this, he was there when I

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Speaker 2: left that morning, and the phone call came in and

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Speaker 2: there's a moment where that all turns now. Erica's uncounseled,

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Speaker 2: she goes in there tells the truth. During a break.

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Speaker 2: Dan Rizzo, the prosecutor in this case we hear a

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Speaker 2: lot about, takes her into a locked room and says,

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Speaker 2: if you don't say what I want, if you don't

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Speaker 2: tell me the truth, my truth, you know you're gonna

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Speaker 2: go jail the rest of your life or maybe die.

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Speaker 2: And then she goes back in the grand jury and

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Speaker 2: the grand jurors themselves start badgering her and threatening her

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Speaker 2: and pressuring her, saying things like, come on, Erica, don't

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Speaker 2: worry about that guy, think about your kids. Tell us

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Speaker 2: the truth. And she holds firm and tells the truth.

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Speaker 2: And then afterwards dan Rizzo decides to charge her with perjury.

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Speaker 2: Why because he could. He asks for a high bail

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Speaker 2: for her. She's not violent, has no prior convictions or anything,

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Speaker 2: but ask for high bail because he can, because he

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Speaker 2: knows that she'll sit in jail because she can't make

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Speaker 2: the bail. She sits there for four months, loses her job,

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Speaker 2: but children get raised by her cousin, and finally she's like,

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Speaker 2: screw it, I don't care, just get me out of here,

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Speaker 2: and she agrees to get out plead guilty, says fine,

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Speaker 2: I lied, and then she says a trial that Dwayne

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Speaker 2: was not there when she left, and yes she got

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Speaker 2: a phone call, but it was not from her house.

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Speaker 2: And really she is the most pivotal witness because we

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Speaker 2: talked to jurors. So really her testimony was fabricated and

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Speaker 2: manufactured as a result of pressure from the grand jury

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Speaker 2: and pressure from Dan Rizzo. And that happened with not

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Speaker 2: only her, but another witness, Shrowanda Simon. The grand jury

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Speaker 2: process in Texas was built broken. Houston impaneled grand jurors

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Speaker 2: by what's called the Pickapel grand jury system. Pick a

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Speaker 2: pal that something more fun than grand jury, but here

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Speaker 2: it is a judge would appoint a commissioner, usually a

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Speaker 2: donor or a friend. That friend would go get their

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Speaker 2: friends and they'd go to the grand jury together. And

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Speaker 2: it was typically older white folks sitting in judgment of

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Speaker 2: minorities in one of the most diverse cities in the country.

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Speaker 2: And the fourth person of the grand jury and a

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Speaker 2: police officer shooting investigation was himself a police officer. That

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Speaker 2: is the system. The ericadoct reefoundering, and so she testifies

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Speaker 2: against them. Miss Simon testifies against them, and Glassfeid and

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Speaker 2: that's it. That puts an innocent good man on death row.

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Speaker 1: Yeah, and it allows at least one of the actual

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Speaker 1: perpetrators to get off light, as well as the third

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Speaker 1: actual perpetrator escaping justice.

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Speaker 2: Entirely that man. We did a thorough investigation of who

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Speaker 2: we believe the third person to be. We go to

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Speaker 2: the DA and we say, here's the guy who we

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Speaker 2: believe it to be. We'd lay it out chapter and verse,

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Speaker 2: and I said, investigate this guy, swabs DNA, go interrogate him,

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Speaker 2: do something they didn't. He was in jail for a

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Speaker 2: armed robbery. This man gets out and murders someone in

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Speaker 2: a drug deal. Gone back, now, So do you talk

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Speaker 2: about public safety? The cascade of wrongs here led to

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Speaker 2: that man who was murdered by this man.

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Speaker 1: So, Dwayne, you lived through this already totally insane tornado

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Speaker 1: of bullshit, but you weren't being represented by Brian yet.

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Speaker 1: And while awaiting trial in Harris County jail, your attorney,

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Speaker 1: Loretta Muldro came to you with a deal. Not much

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Speaker 1: of a deal though, forty years in prison in exchange

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Speaker 1: for a guilty plea, which is suspect to begin with

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Speaker 1: in a case in which a police officer had been killed.

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Speaker 1: But that's beside the point, because even though she advised

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Speaker 1: you to take the deal, you stood your ground.

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Speaker 3: Yes, Miss Loretta Modro, she told me to take the deals.

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Speaker 3: You were like, you've been in here a year, you'll

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Speaker 3: do forty years, you'll come home off parole and all that.

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Speaker 3: I'm like, I didn't do this crime. It would you

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Speaker 3: still sign And she said yes? And I told her

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Speaker 3: if you didn't do it, so he could go sign

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Speaker 3: the papers and you could do the time, because I

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Speaker 3: wasn't finna do it.

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Speaker 2: Good for you.

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Speaker 1: And yeah, if they really thought that he murdered a

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Speaker 1: police officer, nobody's offering you anything that allows you to

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Speaker 1: ever go free again. So there was some undercurrent to

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Speaker 1: that offer right there. And we know it, and you

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Speaker 1: know it, and I know it, and they knew it.

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Speaker 1: But you did the right thing. Now it comes to

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Speaker 1: the trial.

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Speaker 2: And again when I say the whole system broke on Dwayne,

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Speaker 2: I don't just mean the prosecution, police work, the investigation,

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Speaker 2: the grand jury which was corrupt. I'm talking about everything.

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Speaker 2: He didn't have money to hire an attorney, and there

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Speaker 2: is now, but at the time there was no public

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Speaker 2: federal system, so it was private lawyers willing to take

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Speaker 2: the case on a reduced fee, and LORDA. Mouldro took

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Speaker 2: the case. Dwayne tells her the alibi, and she does

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Speaker 2: not issue a subpoena to the phone company. And I'd

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Speaker 2: asked her later when I got involved. I was like,

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Speaker 2: why didn't you Why didn't you ask for that? And

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Speaker 2: she's like, I didn't think they'd have them, and I

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Speaker 2: was like, a man's life stands at the bounce. She said, well,

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Speaker 2: I used to work there and I didn't think they

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Speaker 2: kept landline phone records. That's the distinction she made, and

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Speaker 2: that's where he made the phone call from. And that's

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Speaker 2: really critical Jason, because he was the landline. He was

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Speaker 2: there at the house, could not have been at the

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Speaker 2: crime scene, and he needed a superman cake to get there.

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Speaker 2: So then she presents that defense. When we talked to

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Speaker 2: the jurors, they were like, but where's the evidence of

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Speaker 2: the phone call? And so she could not prove that

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Speaker 2: he made the phone call and didn't put a single

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Speaker 2: piece of evidence in for his case, there was a

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Speaker 2: critical alibi witness, Reginald Jones who lived with Erica and Dwayne,

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Speaker 2: who was there who saw him come down the stairs,

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Speaker 2: you know, at a certain time, which would have given

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Speaker 2: created to the fact that he was sleeping, was actually

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Speaker 2: asleep there in his murder. Maybe she didn't call him,

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Speaker 2: she didn't try to speak to the phone record, and

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Speaker 2: he gets found guilty to nobody's surprise.

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Speaker 1: This episode is underwritten by the AIG pro Bono Program.

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Speaker 1: AIG is a leading global insurance company, and for over

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Speaker 1: a decade, the AIG pro Bono Program has provided thousands

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Speaker 1: of hours of free legal services and other support to

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Speaker 1: nonprofit organizations and individuals most in need. More recently, the

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Speaker 1: program added criminal and social justice reform as a key

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Speaker 1: pillar of its mission. This episode is brought to you

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Speaker 1: by Stand Together. Stand Together is a philanthropic community dedicated

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Speaker 1: to helping people improve their lives. For more than twenty years,

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Speaker 1: Stand Together and its partners have been on the front

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Speaker 1: lines of criminal justice reform. By empowering people to take action,

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Speaker 1: supporting nonprofits, and working with businesses, Stand Together tackles the

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Speaker 1: root causes of problems in our community and empowers those

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Speaker 1: closest to the problems to drive solutions. Solutions like reducing

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Speaker 1: unjust prison sentences through the First Step Act, empowering community

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Speaker 1: based programs and help people re enter society, and now

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Speaker 1: working to bridge divides in our communities. To learn how

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Speaker 1: you may get involved, visit Standtogether dot org, slash Conviction.

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Speaker 1: The Innsis files on Netflix covers Dwayne's case, so you

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Speaker 1: can get a deeper look there as well. You can

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Speaker 1: check out the whole story in Brian Stolars's amazing book

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Speaker 1: Grace and Justice on Death Row. Now, Dwayne, you're convicted

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Speaker 1: and sentenced to death row, can you tell us about

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Speaker 1: what your initial experience was like in that hell hole?

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Speaker 3: Oh? Man? When I got there, first thing they said

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Speaker 3: it was getting the drisk but naked. It was like

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Speaker 3: that was just shocked, I guess. And I was like, man,

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Speaker 3: I give my naked go see everybody and the doctors

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Speaker 3: and all this. And when they put you in the sale, man,

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Speaker 3: it's like it's it's unreal. Seven footstep sideways and thirteen

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Speaker 3: forward and I'm six two and I guess my home

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Speaker 3: is another two and a half foot tall. I guess

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Speaker 3: long and that was the ceiling I can put my

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Speaker 3: palm on my hand on the ceiling, and I stayed

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Speaker 3: there twenty three hours a day.

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Speaker 1: You could put your palm on the ceiling. So this

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Speaker 1: is almost like a living tomb that they put you

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Speaker 1: in basically.

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Speaker 3: Right, I would say this roof is maybe eight foot tall.

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Speaker 3: I guess if that nine foot tall, and you get

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Speaker 3: fit through the slots to use the door. It's just

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Speaker 3: it's not right. That sale is not designed for any

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Speaker 3: man to be in that long term. It misses with

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Speaker 3: your mind. And I thank the Lord that I didn't

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Speaker 3: come back out crazy or nothing, because I did see

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Speaker 3: some people just lose it in there. It's not right

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Speaker 3: at all.

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Speaker 2: Now.

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Speaker 1: I know that they had a suicide on that throw

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Speaker 1: this week in Texas, and I imagine you probably saw

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Speaker 1: your share of that as well, because you're exactly right.

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Speaker 1: I mean, that is no place to put any human being.

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Speaker 3: When they first put me in a cell, I didn't

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Speaker 3: have anything, no picture, no letter, no address to write.

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Speaker 3: Anybody had nothing. The only address I had was my

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Speaker 3: grandmother address, and that's because I remembered it by heart.

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Speaker 3: No phone calls. You had to put in a request

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Speaker 3: for a phone call, and they would take thirty days

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Speaker 3: or or longer to even get it. It was man.

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Speaker 3: The sale was just empty. It was cold, and it

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Speaker 3: was nothing. They didn't even bring me a bunk and

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Speaker 3: until I want to say, the next day or the

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Speaker 3: day after that, and only way I started getting something

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Speaker 3: it was a guy we called him fifty to fifty.

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Speaker 3: That was the first person that gave me a coffee cup,

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Speaker 3: a noodle, eat anything, soap, anything. It took me a

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Speaker 3: good little while to adapt. I guess you could.

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Speaker 2: Say that's twenty three hours a day during the week,

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Speaker 2: twenty four on the weekends. Where would you go for

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Speaker 2: the extra hour during the.

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Speaker 3: Day, either to the wreck yard or to the barricade?

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Speaker 3: What I call it because the all that you can

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Speaker 3: do is look up. We got twenty foot walls all

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Speaker 3: the way around you and it's no bigger than the cell.

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Speaker 1: Right, So you go to an outdoor cell basically one

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Speaker 1: hour a day.

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Speaker 3: No twice a week, three days in the day room,

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Speaker 3: and you got two days outside. Got to get button naked.

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Speaker 3: Anytime you leave the cell, I'm going back to the cell.

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Speaker 3: I used to call it my favorite part of the day,

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Speaker 3: just to make the guards mad.

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Speaker 1: We call it the baby part of the day.

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Speaker 3: Because why just to make the guards mad?

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Speaker 1: Why would you make them mad?

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Speaker 3: They got to sit there and look at you lift

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Speaker 3: your pleanis up and a lot. They don't want to

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Speaker 3: look at that. So I will say, hey, it's time

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Speaker 3: to get stripped out of the favorite part of the day.

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Speaker 3: I say that. They would look at me in my

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Speaker 3: face like, man, he's crazy.

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Speaker 2: Well, you took a dehumanizing part of it and made

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Speaker 2: it humorous, which shows your grace and your your inner piece.

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Speaker 1: Okay, so how did you find out that Brian was

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Speaker 1: going to take your case?

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Speaker 3: When I first met Brian and he was talking to that,

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Speaker 3: I was like, relig just letting me go out one

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Speaker 3: year into the other because I really didn't trust him,

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Speaker 3: because I thought he was gonna be like Loretta Modroe

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Speaker 3: and Robert Mordre and you know, talk good but don't

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Speaker 3: follow through with it. But it took me three years

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Speaker 3: to trust him, and he stayed at it. So he

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Speaker 3: was consistent with it, and I thank you for that.

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Speaker 3: He kept fighting for what he was believed in and

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Speaker 3: I love him for that for real.

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Speaker 1: And Brian, he had every right to be skeptical. He

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Speaker 1: had been let down or screwed. Really by everyone.

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Speaker 2: Yeah, you know, I can understand why he wouldn't trust

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Speaker 2: me because of how he had been wronged by his

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Speaker 2: child lawyer. And he actually even had a second lawyer

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Speaker 2: who was his direct appeal lawyer, who also didn't do

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Speaker 2: you know, great job for him. So I was his

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Speaker 2: It's called habeas corpus lawyer, which is for the non

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Speaker 2: lawyers on this It's just it's anything else you could

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Speaker 2: find about the case, like it usually it's for DNA

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Speaker 2: and other new evidence. And it took a number of

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Speaker 2: times of me going back down there and really not

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Speaker 2: talking about the case, and I showed interest in who

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Speaker 2: he was. One of the only beautiful things about going

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Speaker 2: to meet him was it was all all behind glass

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Speaker 2: on phones. I could bring twenty dollars with the vending

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Speaker 2: machine quarters to buy him whatever he wanted for food,

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Speaker 2: because the food there obviously is terrible, and like it

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Speaker 2: was my favorite part of going because we had little

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Speaker 2: mini thanksgivings every time and I'd buy him, you know,

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Speaker 2: an appetizer, a main course, and a dessert and one

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Speaker 2: time they had key lime pie. Youth thought it was

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Speaker 2: freaking Christmas. It was just like the greatest day ever.

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Speaker 2: And he lined up a Hawaiian punch, a cheeseburger, and

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Speaker 2: a key lime pie and we sat there and talked

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Speaker 2: for hours, and over time we began to trust each other,

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Speaker 2: and I began to truly love him and believe that

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Speaker 2: this was my mission as a lawyer and a person.

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Speaker 2: And things would happen like we get an affidavit from

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Speaker 2: a critical witness, or we would tell him that we

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Speaker 2: had a court hearing, and he realized I was actually

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Speaker 2: doing real work for him and cared about him deeply.

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Speaker 2: I'm glad he trusted me.

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Speaker 1: Can you explain habeas corpus? Because the literal meaning is

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Speaker 1: you shall have the body? Right, it's medieval black.

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Speaker 2: What you're telling the court is you have the body

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Speaker 2: and I want it out, and you are doing that

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Speaker 2: by raising anything new newly discovered evidence can be raised

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Speaker 2: in a habeas corpus petition. And that's what we took

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Speaker 2: on with my prior law firm, Kno Gates pro Bono.

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Speaker 2: Got a bunch of people who are committed to the mission.

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Speaker 2: Kasey Kaplan, Bethany Nick Farr, Christate, Meghan Whistler are all these folks.

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Speaker 2: So I just love dearly for helping me and helping Duane.

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Speaker 2: But that was our mission. The Habeas corpus brief is

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Speaker 2: what we would submit, would be two hundred and seventy

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Speaker 2: five page brief. And in that brief we discovered with

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Speaker 2: all the new evidence, we could find all the affidavits

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Speaker 2: from the witnesses who described the pressure and the threats.

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Speaker 1: So now we're in two thousand eleven. Right, Erica docri

432
00:22:01,920 --> 00:22:04,959
Speaker 1: Let's talk about her. She is the most critical witness.

433
00:22:05,119 --> 00:22:06,800
Speaker 1: I got a hot tip on where she lived. I'd

434
00:22:06,800 --> 00:22:08,720
Speaker 1: fly down to Houston go knock on her door. She

435
00:22:08,840 --> 00:22:10,400
Speaker 1: slammed the door in my face because the last time

436
00:22:10,440 --> 00:22:11,520
Speaker 1: she got involved in.

437
00:22:11,440 --> 00:22:14,280
Speaker 2: This, she went to jail. But here is where the

438
00:22:14,320 --> 00:22:19,240
Speaker 2: case turns for Dwayne Anthony Graves, who's exonery number twelve

439
00:22:19,400 --> 00:22:23,159
Speaker 2: from Texas's death row. Dwayne is number thirteen. So just

440
00:22:23,160 --> 00:22:26,879
Speaker 2: by that standard alone, they've executed over five hundred. Dwayne

441
00:22:26,920 --> 00:22:29,800
Speaker 2: and Anthony are like living unicorns. And so Anthony Graves

442
00:22:29,800 --> 00:22:33,240
Speaker 2: gets out and he says a lot of guys belong there,

443
00:22:33,800 --> 00:22:36,560
Speaker 2: but your guy doesn't. So what can I do? And

444
00:22:36,600 --> 00:22:38,720
Speaker 2: that is a beautiful moment of paying it forward. I'm

445
00:22:38,720 --> 00:22:41,840
Speaker 2: forever grateful to Anthony, I said, I can't get Erica

446
00:22:41,880 --> 00:22:43,040
Speaker 2: to talk to me. I just want to find out

447
00:22:43,080 --> 00:22:45,880
Speaker 2: what the truth is. And his girlfriend had been pressured

448
00:22:46,040 --> 00:22:48,680
Speaker 2: and Anthony's on case, so he's like, I got you.

449
00:22:49,160 --> 00:22:51,000
Speaker 2: He goes and talks to her and says, hey, just

450
00:22:51,040 --> 00:22:54,280
Speaker 2: talk to that fast talking lawyer, and she said she would.

451
00:22:54,640 --> 00:22:56,960
Speaker 2: So I flew down on a Sunday, I had lunch

452
00:22:57,000 --> 00:22:58,960
Speaker 2: at a Cajun restaurant and I said to her, I

453
00:22:59,000 --> 00:23:00,600
Speaker 2: can't take your kids away doing thing to you. Just

454
00:23:00,640 --> 00:23:02,760
Speaker 2: tell me the damn truth, please, And then she starts

455
00:23:02,800 --> 00:23:05,400
Speaker 2: to sort of cathartically cry, And I said, was Dwayne

456
00:23:05,400 --> 00:23:07,960
Speaker 2: there when he left that morning? Yes? And did you

457
00:23:08,000 --> 00:23:11,080
Speaker 2: get a phone call? Yes? And where was it from?

458
00:23:11,359 --> 00:23:13,520
Speaker 2: From my home? Did you talk to him? Yes? And

459
00:23:13,560 --> 00:23:16,000
Speaker 2: she starts letting it all out in a very cathartic way,

460
00:23:16,440 --> 00:23:18,679
Speaker 2: and she said to me the following which sticks in

461
00:23:18,720 --> 00:23:22,199
Speaker 2: my brain forever. She said, Brian, I chose my kids

462
00:23:22,600 --> 00:23:27,240
Speaker 2: over Dwayne, and I'm sorry, and she wanted to make

463
00:23:27,240 --> 00:23:29,280
Speaker 2: it right. I wrote an APPI David, She signed it

464
00:23:29,280 --> 00:23:31,679
Speaker 2: and I submitted that to the DA and so that

465
00:23:31,800 --> 00:23:32,560
Speaker 2: was step one.

466
00:23:32,600 --> 00:23:35,720
Speaker 1: In the affidavit. She recan through her testimony a trial

467
00:23:35,920 --> 00:23:39,240
Speaker 1: swearing that the eighty eight quote told me he did

468
00:23:39,240 --> 00:23:41,480
Speaker 1: not believe me, that I was not a good person,

469
00:23:41,920 --> 00:23:44,000
Speaker 1: that he was going to take my children away by

470
00:23:44,040 --> 00:23:47,520
Speaker 1: calling Child Protective Services, and that I was going to

471
00:23:47,560 --> 00:23:50,480
Speaker 1: go to jail for a very long time. I would

472
00:23:50,560 --> 00:23:54,439
Speaker 1: never see my children again. These threats are why I

473
00:23:54,520 --> 00:23:58,280
Speaker 1: gave the testimony I did. I mean, there's a special

474
00:23:58,320 --> 00:24:00,359
Speaker 1: place in hell for people that would do that to

475
00:24:00,400 --> 00:24:01,920
Speaker 1: her and of course to you.

476
00:24:02,320 --> 00:24:06,080
Speaker 2: So let's talk about these phone records. The whole damn

477
00:24:06,119 --> 00:24:08,880
Speaker 2: case comes down to phone records. It's a mayline phone record.

478
00:24:08,880 --> 00:24:10,600
Speaker 2: If he's there at Eric's house, he cannot be at

479
00:24:10,600 --> 00:24:12,479
Speaker 2: the crime scene. Can't do it. I drove it, you

480
00:24:12,520 --> 00:24:15,600
Speaker 2: can't do it. So I was a poen at the

481
00:24:15,640 --> 00:24:19,120
Speaker 2: phone company. Nope, it' spean of the cops. Nope, between

482
00:24:19,160 --> 00:24:21,560
Speaker 2: the DA nope. So I go see Dwayne and I

483
00:24:21,560 --> 00:24:22,920
Speaker 2: say to him, this is the only time I curse

484
00:24:22,960 --> 00:24:24,639
Speaker 2: in the documentary. I said, I can't find these fucking

485
00:24:24,680 --> 00:24:28,760
Speaker 2: phone records. I'm so sorry, and I start crying. I

486
00:24:28,800 --> 00:24:32,359
Speaker 2: put my head against the glass, and this man who's

487
00:24:32,400 --> 00:24:35,320
Speaker 2: in a cell that he can almost touch side to side,

488
00:24:36,000 --> 00:24:40,400
Speaker 2: brought me peace and brought me grace and said, hey,

489
00:24:40,520 --> 00:24:43,560
Speaker 2: it's all right. The truth is gonna come out. So Dwayne,

490
00:24:44,040 --> 00:24:46,000
Speaker 2: how did you stay so damn peaceful in there and

491
00:24:46,040 --> 00:24:47,200
Speaker 2: then transfer that piece to me?

492
00:24:48,920 --> 00:24:50,920
Speaker 3: Yoga good?

493
00:24:50,920 --> 00:24:53,679
Speaker 2: All right?

494
00:25:02,640 --> 00:25:05,119
Speaker 1: How did the phone records magically appear?

495
00:25:05,880 --> 00:25:08,200
Speaker 2: So I had all these affidavits from as Simon Erica

496
00:25:08,320 --> 00:25:11,040
Speaker 2: and I go to the DA. I'm like, this guy's innocent, innocent, innocent,

497
00:25:11,080 --> 00:25:14,239
Speaker 2: didn't do it. And she says this. She says, just

498
00:25:14,280 --> 00:25:16,240
Speaker 2: like that. So she flapped her hand on me and says,

499
00:25:16,240 --> 00:25:19,960
Speaker 2: all you fast talking yankee lawyers from big firms, come

500
00:25:20,000 --> 00:25:23,240
Speaker 2: down here, say your system's broken. Say the guys are innocent,

501
00:25:23,760 --> 00:25:29,040
Speaker 2: he's guilty. You're going to watch him die. And Jesus,

502
00:25:29,119 --> 00:25:32,159
Speaker 2: I had all that I could not to channel my inner.

503
00:25:32,359 --> 00:25:34,280
Speaker 2: You know, my dad's a union carpenter from the Jersey,

504
00:25:34,359 --> 00:25:37,520
Speaker 2: doesn't take shit from anybody. I said to her, I said,

505
00:25:37,560 --> 00:25:41,360
Speaker 2: I'll be back, like terminator style. But I didn't know

506
00:25:41,760 --> 00:25:43,960
Speaker 2: I was gonna be able to be back. And so

507
00:25:44,320 --> 00:25:46,040
Speaker 2: we had a hearing coming up in which we were

508
00:25:46,080 --> 00:25:49,080
Speaker 2: going to present all the evidence, all the affidavits, and

509
00:25:49,440 --> 00:25:53,160
Speaker 2: before that hearing, we get an email like I've never

510
00:25:53,240 --> 00:25:56,359
Speaker 2: seen before. And the email is from the prosecutor. The

511
00:25:56,400 --> 00:25:57,840
Speaker 2: we who did that to me, send it to the

512
00:25:57,960 --> 00:26:01,040
Speaker 2: judge and my co council, and she says, it's a

513
00:26:01,080 --> 00:26:04,240
Speaker 2: purpose email to let you know that the HPD officer

514
00:26:04,240 --> 00:26:07,200
Speaker 2: in charge the investigation of the Brown trial, Breck McDaniel,

515
00:26:07,880 --> 00:26:11,960
Speaker 2: found a box of documents over the weekend while spring

516
00:26:12,080 --> 00:26:15,760
Speaker 2: cleaning his garage. I mean, I am not kidding. And

517
00:26:15,960 --> 00:26:19,040
Speaker 2: my co counsel in Dallas gets the box, Megan, and

518
00:26:19,600 --> 00:26:20,919
Speaker 2: you know, I call her. I was like, Hey, what's

519
00:26:20,960 --> 00:26:22,159
Speaker 2: in there? And she's like, Oh, it just looks like

520
00:26:22,200 --> 00:26:23,720
Speaker 2: stuff we've seen before. So I kind of hang out,

521
00:26:23,720 --> 00:26:26,880
Speaker 2: figuring this was just nothing. And then about an hour

522
00:26:26,960 --> 00:26:29,840
Speaker 2: later I get a call that they say, check your

523
00:26:29,840 --> 00:26:33,240
Speaker 2: email phone records. Maybe I'm not that good of a

524
00:26:33,320 --> 00:26:35,800
Speaker 2: lawyer after all. I'm just freaking lucky it was in

525
00:26:35,880 --> 00:26:41,520
Speaker 2: his garage in a box. But here here is what's worse.

526
00:26:41,640 --> 00:26:43,280
Speaker 2: I know, how could it get any worse, But here's

527
00:26:43,320 --> 00:26:49,240
Speaker 2: what's worse. Attached to that phone record was a subpoena

528
00:26:49,840 --> 00:26:55,080
Speaker 2: from Dan Rizzo, the prosecutor, to the phone company, dated

529
00:26:55,160 --> 00:26:58,080
Speaker 2: the day after Erica testified about the phone call in

530
00:26:58,119 --> 00:27:01,720
Speaker 2: the grand jury. Dan Rizzo sent to subpoena signed it,

531
00:27:02,200 --> 00:27:05,080
Speaker 2: got the records back from the phone company, and never

532
00:27:05,440 --> 00:27:08,720
Speaker 2: turned them over to his defense lawyer there at a Muldro,

533
00:27:09,160 --> 00:27:12,960
Speaker 2: to me as his habeas lawyer, or anyone else. And

534
00:27:13,040 --> 00:27:16,840
Speaker 2: yet they were found in a cops garage in twenty

535
00:27:16,960 --> 00:27:20,679
Speaker 2: and thirteen. This is a classic what's called Brady violation.

536
00:27:20,720 --> 00:27:22,560
Speaker 2: There was a constitutional violation when you don't turn over

537
00:27:22,680 --> 00:27:25,760
Speaker 2: scope toy records as a prosecutor. And they agreed to

538
00:27:25,800 --> 00:27:27,960
Speaker 2: a new trial without a hearing, which I've been told

539
00:27:27,960 --> 00:27:31,480
Speaker 2: in Texas never happened. And so we waited for seventeen

540
00:27:31,520 --> 00:27:34,560
Speaker 2: months because a stable of Republican judges was up for

541
00:27:34,600 --> 00:27:37,080
Speaker 2: election on the Appellate Court and they were never going

542
00:27:37,119 --> 00:27:39,400
Speaker 2: to give Dwayne a new trial in an election year.

543
00:27:39,680 --> 00:27:43,560
Speaker 2: But in November of twenty fourteen, they were all re elected,

544
00:27:43,560 --> 00:27:47,080
Speaker 2: these judges, and the day after that reelection they issued

545
00:27:47,119 --> 00:27:51,119
Speaker 2: an order formally vacating his conviction and ordering a new trial.

546
00:27:51,920 --> 00:27:54,639
Speaker 3: They came the night before and the lady told me

547
00:27:54,680 --> 00:27:57,359
Speaker 3: to pack up. You're on the chain, so they don't

548
00:27:57,359 --> 00:27:59,280
Speaker 3: never let you know what's going on here. They just

549
00:27:59,280 --> 00:28:00,960
Speaker 3: come to you doing it, tell you what you gotta do.

550
00:28:01,480 --> 00:28:05,040
Speaker 3: I started packing my stuff up and the next morning

551
00:28:05,080 --> 00:28:07,880
Speaker 3: they can't got me around. I don't know what time

552
00:28:07,920 --> 00:28:10,359
Speaker 3: it was. They can't got me in. Put me in

553
00:28:10,400 --> 00:28:14,040
Speaker 3: a van. That van is you can't see out of it.

554
00:28:14,119 --> 00:28:17,720
Speaker 3: You handcuffs. If they have an accident. If you don't die,

555
00:28:17,760 --> 00:28:21,879
Speaker 3: you're really gonna be hurt. They gather into the county

556
00:28:23,280 --> 00:28:25,200
Speaker 3: once again. I was back with nothing, and they had

557
00:28:25,200 --> 00:28:27,760
Speaker 3: some guys that was already there waiting to go to

558
00:28:27,880 --> 00:28:31,280
Speaker 3: trial that was from death. Rod knew, and they just

559
00:28:31,320 --> 00:28:34,000
Speaker 3: started giving me, you know, soap stuff, two paces and

560
00:28:34,000 --> 00:28:36,840
Speaker 3: stuff like that, hygiene, and I didn't know what was

561
00:28:36,840 --> 00:28:39,520
Speaker 3: gonna happen after that. I just just in there.

562
00:28:39,880 --> 00:28:42,680
Speaker 2: So that's November twenty fourteen, around the turn of the year,

563
00:28:42,720 --> 00:28:46,680
Speaker 2: around December, he actually goes back to population and the

564
00:28:46,760 --> 00:28:49,160
Speaker 2: DA was changed by that. And actually the DA who

565
00:28:49,160 --> 00:28:51,960
Speaker 2: gave him the new trial's name is Mike Anderson. He

566
00:28:52,160 --> 00:28:54,959
Speaker 2: died of cancer. He authorized the new trial. His wife,

567
00:28:55,600 --> 00:28:59,160
Speaker 2: Devin Anderson, who took over his DA, was in charge

568
00:28:59,160 --> 00:29:02,640
Speaker 2: of reinvesting, gating the crime to see if there were

569
00:29:02,640 --> 00:29:05,760
Speaker 2: going to be a retrial. And so the only benefit

570
00:29:05,840 --> 00:29:07,800
Speaker 2: of those seventeen months that I talked about, but the

571
00:29:08,680 --> 00:29:11,160
Speaker 2: pellet court was that the Uston chronicles all over this.

572
00:29:11,600 --> 00:29:13,480
Speaker 2: They had pressured and so you know you're following to

573
00:29:13,520 --> 00:29:14,440
Speaker 2: the air. What do you do? What do you do

574
00:29:14,480 --> 00:29:20,040
Speaker 2: about Brown? And then on June eighth, twenty fifteen, Dwaine's released.

575
00:29:19,360 --> 00:29:22,080
Speaker 3: My lawyer Canthy. She came to see me and I'm like,

576
00:29:22,120 --> 00:29:24,400
Speaker 3: what's going on? She like, did you see the TV?

577
00:29:24,640 --> 00:29:27,560
Speaker 3: I'm like, no, what's on the TV? Like you're getting

578
00:29:27,560 --> 00:29:30,240
Speaker 3: out when she said then I started crying. I'm like, man,

579
00:29:30,280 --> 00:29:34,600
Speaker 3: don't play with me now. There is another time to

580
00:29:34,600 --> 00:29:38,440
Speaker 3: play like that. But she was real and once she left,

581
00:29:38,640 --> 00:29:41,360
Speaker 3: the guards came the guard he normally handcuffed me in

582
00:29:41,360 --> 00:29:44,200
Speaker 3: the back. This time he didn't put no handcuffs onme me.

583
00:29:44,280 --> 00:29:45,920
Speaker 3: He just walked into my ceil and said, when you're

584
00:29:45,920 --> 00:29:48,640
Speaker 3: ready to let me know, hit the button. I got

585
00:29:48,720 --> 00:29:51,880
Speaker 3: up there, I went to the sale. I looked in here.

586
00:29:52,160 --> 00:29:53,760
Speaker 3: I say, man, I don't want nothing out of here.

587
00:29:54,040 --> 00:29:55,680
Speaker 3: I turned through a round and I gave all the

588
00:29:55,680 --> 00:29:58,280
Speaker 3: stuff to the guys that was already to do and

589
00:29:59,000 --> 00:30:01,360
Speaker 3: I love He woke me.

590
00:30:01,320 --> 00:30:04,720
Speaker 2: Up and Dwayne, you said on the steps outside the

591
00:30:04,760 --> 00:30:07,240
Speaker 2: prison that you have no hate in your heart for

592
00:30:07,280 --> 00:30:10,680
Speaker 2: what they did. To you and that you can't trust everyone,

593
00:30:10,680 --> 00:30:11,880
Speaker 2: but you can love everyone.

594
00:30:12,720 --> 00:30:14,840
Speaker 3: That was the first thing came out, the first thing

595
00:30:14,880 --> 00:30:16,280
Speaker 3: I thought about it, and that just said it.

596
00:30:16,560 --> 00:30:22,680
Speaker 1: That's like some Mandela ship right dayne Man amazing. So, Brian,

597
00:30:22,760 --> 00:30:25,560
Speaker 1: can you explain to us this madness of the civil

598
00:30:25,720 --> 00:30:26,400
Speaker 1: suit when.

599
00:30:26,280 --> 00:30:29,360
Speaker 2: People are exonerated. There's a hodgepodge of laws across the

600
00:30:29,400 --> 00:30:31,640
Speaker 2: country or some states, you don't get anything. In Texas.

601
00:30:31,760 --> 00:30:35,280
Speaker 2: The statue is actually fairly generous. It's eighty thousand dollars

602
00:30:35,320 --> 00:30:37,120
Speaker 2: a year for a year you were in p It's

603
00:30:37,160 --> 00:30:39,520
Speaker 2: the same amount of annuity going forward. So it gets

604
00:30:39,520 --> 00:30:41,200
Speaker 2: broken out over his life. So Dwayn would get about

605
00:30:41,200 --> 00:30:44,160
Speaker 2: two million, one million upfront and a million broken out.

606
00:30:44,600 --> 00:30:47,360
Speaker 2: But in order for that to happen, the district Attorney

607
00:30:47,360 --> 00:30:50,240
Speaker 2: has to file what's called an affidavit of actual innocence.

608
00:30:50,560 --> 00:30:52,680
Speaker 2: When he was released in twenty fifteen, the DA Devin

609
00:30:52,720 --> 00:30:54,719
Speaker 2: Anderson just said, I don't have enough evidence to go forward.

610
00:30:55,120 --> 00:30:57,720
Speaker 2: That's not the same thing as actually innocent. So we

611
00:30:57,800 --> 00:31:00,600
Speaker 2: asked for an independent special counsel, and special council was

612
00:31:00,640 --> 00:31:03,600
Speaker 2: appointed and named John Raally, and after ten months John

613
00:31:03,680 --> 00:31:09,120
Speaker 2: really issued a lengthy report declaring Dwayne actually innocent. The

614
00:31:09,160 --> 00:31:12,920
Speaker 2: DA agrees, the court signs an order. We send that

615
00:31:12,960 --> 00:31:15,880
Speaker 2: to the comptroller and he denies it. We heard that

616
00:31:15,960 --> 00:31:18,520
Speaker 2: back channel. The Attorney General wrote a letter to the

617
00:31:18,560 --> 00:31:21,960
Speaker 2: Comptroller saying, don't pay him because the Houston Police Union

618
00:31:22,000 --> 00:31:24,360
Speaker 2: still thinks Dwayne did it. And so we had to

619
00:31:24,960 --> 00:31:28,240
Speaker 2: file a petition the Texas Supreme Court, and in December

620
00:31:28,520 --> 00:31:32,520
Speaker 2: twenty twenty, finally the Texas Supreme Court ruled that the

621
00:31:32,520 --> 00:31:36,840
Speaker 2: Comptroller's denial was improper, and so the court ordered the

622
00:31:36,880 --> 00:31:40,200
Speaker 2: comptroller to pay Dwayne alone and behold finally, after all

623
00:31:40,240 --> 00:31:43,760
Speaker 2: these years, and so now the whole legal team feels

624
00:31:44,000 --> 00:31:47,680
Speaker 2: finally so sense of relief. But there's still one thing

625
00:31:47,760 --> 00:31:52,480
Speaker 2: left is accountability for Dan Rizzo the ADA. Dan Rizzau

626
00:31:52,800 --> 00:31:55,600
Speaker 2: has a bar hearing. I believe he should be disbarred.

627
00:31:55,360 --> 00:31:59,160
Speaker 1: At a minimum. And it's important not to gloss over

628
00:31:59,280 --> 00:32:03,240
Speaker 1: this particular fact, which is that in twenty eighteen, as

629
00:32:03,320 --> 00:32:06,040
Speaker 1: part of the civil suit, Kim Ogg, who's the current DA,

630
00:32:06,240 --> 00:32:11,160
Speaker 1: disclosed a long concealed email between Rizzo, the ADA, and

631
00:32:11,200 --> 00:32:14,440
Speaker 1: Detecti McDaniel, which happened the day after Doc Rea's testimony

632
00:32:14,480 --> 00:32:18,160
Speaker 1: at the Grand jury hearing, and McDaniel, referring to the

633
00:32:18,240 --> 00:32:21,120
Speaker 1: hidden phone records that Rizzo had subpoena, had said, and

634
00:32:21,160 --> 00:32:23,840
Speaker 1: I quote, I was hoping that it would clearly refute

635
00:32:23,920 --> 00:32:26,760
Speaker 1: Erica's claim that she received a call at work, But

636
00:32:26,840 --> 00:32:29,360
Speaker 1: it looks like the call. Detailed records from the apartment

637
00:32:29,480 --> 00:32:32,640
Speaker 1: shows that the home phone dialed Erica's place of employment

638
00:32:32,800 --> 00:32:37,200
Speaker 1: at about eight thirty am, and again at ten eight am.

639
00:32:37,600 --> 00:32:44,480
Speaker 1: They knew, they always knew, and they deliberately suppressed, with held, blied,

640
00:32:44,960 --> 00:32:48,760
Speaker 1: and conspired to send an innocent man to death row.

641
00:32:48,920 --> 00:32:50,880
Speaker 1: And then I don't know this, but I'm just going

642
00:32:50,960 --> 00:32:54,000
Speaker 1: to speculate they probably went home that night and had

643
00:32:54,040 --> 00:32:56,560
Speaker 1: a nice dinner, watched a little TV, and went to bed.

644
00:32:57,280 --> 00:32:59,720
Speaker 1: And I just don't understand what makes people like that.

645
00:33:00,320 --> 00:33:02,240
Speaker 2: What I have found in the last five years, though,

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00:33:02,760 --> 00:33:06,400
Speaker 2: is the beauty of strangers to join the beauty of

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00:33:06,440 --> 00:33:10,720
Speaker 2: those who hear his story, including you, Jason. I am

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00:33:11,000 --> 00:33:13,600
Speaker 2: forever touched by the generosity of those who have heard

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00:33:13,640 --> 00:33:16,760
Speaker 2: his story and offered to help him. My church agreed

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00:33:16,760 --> 00:33:19,480
Speaker 2: to help buy him a truck. After the Netflix documentary,

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00:33:19,480 --> 00:33:21,600
Speaker 2: we heard from folks across the world asking how they

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00:33:21,600 --> 00:33:23,800
Speaker 2: could help, and we set up a gofund me page

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00:33:23,800 --> 00:33:26,880
Speaker 2: that raised nearly thirteen thousand dollars that we've now taken

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00:33:26,920 --> 00:33:29,600
Speaker 2: down because he's been compensated. And Duane is asked if

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00:33:29,600 --> 00:33:32,280
Speaker 2: you're motivated by this story to donate to the Insis

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00:33:32,320 --> 00:33:34,600
Speaker 2: Project and other similar organizations.

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Speaker 1: Before I sign off and let you guys have the

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00:33:36,920 --> 00:33:40,760
Speaker 1: final words. The book is Grace and Justice on Death

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00:33:40,840 --> 00:33:45,160
Speaker 1: Row by Brian Stolar. So now this is the closing

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00:33:45,200 --> 00:33:48,720
Speaker 1: part of our show. We call it appropriately enough closing arguments.

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Speaker 1: First of all, I thank both of you guys for

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00:33:51,000 --> 00:33:54,760
Speaker 1: being here today and sharing this amazing story of courage

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00:33:54,800 --> 00:33:58,000
Speaker 1: and perseverance. And then I turned my microphone off, I

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00:33:58,120 --> 00:34:00,800
Speaker 1: kicked back, close my eyes and let you guys talk

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00:34:00,840 --> 00:34:03,560
Speaker 1: about whatever you want to say for the final words.

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Speaker 1: So first we're going to do Brian Stolars and then

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00:34:07,240 --> 00:34:10,840
Speaker 1: Dwayne Brown Death Row XANNERI over to you guys.

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00:34:11,080 --> 00:34:13,600
Speaker 2: Thank you and thank you so much for having us.

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00:34:14,280 --> 00:34:18,919
Speaker 2: Dwayne's story has been the sort of the blessing of

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00:34:18,960 --> 00:34:21,120
Speaker 2: my life. I am honored to tell it. But the

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00:34:21,160 --> 00:34:23,959
Speaker 2: reason why we tell it is so that there won't

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00:34:24,000 --> 00:34:27,879
Speaker 2: be future Dwayne's. Dwayne will always tell me there's more

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00:34:27,880 --> 00:34:30,640
Speaker 2: of me out there, and the only way to change

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00:34:30,680 --> 00:34:33,359
Speaker 2: is through the power of the story. And what we

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00:34:33,400 --> 00:34:36,360
Speaker 2: need is accountability for those in power who do this

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00:34:36,440 --> 00:34:39,720
Speaker 2: so there are no future Dwaines. And it is truly

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Speaker 2: my honor and privilege to tell the story. And Dwayne,

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00:34:42,200 --> 00:34:44,080
Speaker 2: I just love you like a brother, and I'm so

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00:34:44,200 --> 00:34:46,600
Speaker 2: glad that you are free over to you.

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Speaker 3: Trust no one but love everybody. And thank you for

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00:34:50,719 --> 00:34:51,520
Speaker 3: listening and watching.

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00:34:58,080 --> 00:35:00,680
Speaker 1: Don't forget to give us a fantastic review wherever you

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00:35:00,719 --> 00:35:04,400
Speaker 1: get your podcasts. It really helps. And I'm a proud

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00:35:04,440 --> 00:35:07,000
Speaker 1: donor to the Innocence Project and I really hope you'll

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00:35:07,080 --> 00:35:10,480
Speaker 1: join me in supporting this very important cause and helping

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00:35:10,600 --> 00:35:14,200
Speaker 1: to prevent future wrongful convictions. Go to Innocence Project dot

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00:35:14,280 --> 00:35:17,319
Speaker 1: org to learn how to donate and get involved. I'd

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Speaker 1: like to thank our production team, Connor Hall and Kevin Wartis.

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Speaker 1: The music in the show is by three time OSCAR

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00:35:23,120 --> 00:35:26,160
Speaker 1: nominated composer Jay Ralph. Be sure to follow us on

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00:35:26,160 --> 00:35:31,000
Speaker 1: Instagram at Wrongful Conviction and on Facebook at Wrongful Conviction Podcast.

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Speaker 1: Wrongful Conviction with Jason Flamm is a production of Lava

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Speaker 1: for Good Podcasts in association with signal Company number one