1 00:00:02,640 --> 00:00:06,160 Speaker 1: Hello Bie. You know it's something that we don't do 2 00:00:06,400 --> 00:00:08,240 Speaker 1: very often. I'm realizing on. 3 00:00:11,640 --> 00:00:13,240 Speaker 2: Because ye. 4 00:00:15,120 --> 00:00:18,320 Speaker 1: I'm asking if I can use the personal pronoun with her, 5 00:00:18,480 --> 00:00:21,680 Speaker 1: if that would be okay. I don't want to be presumptuous. 6 00:00:22,400 --> 00:00:25,160 Speaker 1: You're like in grade four again, So your French never evolved. 7 00:00:25,200 --> 00:00:27,000 Speaker 1: If I ever had a girl, you know what I 8 00:00:27,000 --> 00:00:27,640 Speaker 1: would name her? 9 00:00:27,800 --> 00:00:28,080 Speaker 2: What? 10 00:00:28,200 --> 00:00:32,640 Speaker 1: Pooh bell? That's that's French for garbage. 11 00:00:33,040 --> 00:00:33,680 Speaker 2: Oh god. 12 00:00:33,760 --> 00:00:35,240 Speaker 1: If there was a boy twin, you know what i'd 13 00:00:35,240 --> 00:00:38,560 Speaker 1: call him? What would you call him? Moutard? That's French 14 00:00:38,560 --> 00:00:41,120 Speaker 1: for mustard. Moutard and pooh bell. 15 00:00:42,760 --> 00:00:43,760 Speaker 2: Garbage and mustard. 16 00:00:44,280 --> 00:00:47,280 Speaker 1: We kind of go together, like garbage and mustard. Yep, 17 00:00:48,600 --> 00:00:59,160 Speaker 1: I'm the garbage from Gimblet Media. I'm Jonathan Goldstein and 18 00:00:59,240 --> 00:01:15,400 Speaker 1: this is Heavyweight Today's episode Sven. In two thousand and eight, 19 00:01:15,800 --> 00:01:18,240 Speaker 1: Sven received a letter for jury duty. 20 00:01:18,600 --> 00:01:19,120 Speaker 2: You know, lots of. 21 00:01:19,120 --> 00:01:21,200 Speaker 3: People would say, oh, this is such a boring thing. 22 00:01:21,200 --> 00:01:23,440 Speaker 3: Oh no, I hope I don't get jury duty. But 23 00:01:23,720 --> 00:01:27,560 Speaker 3: I was more curious and interested in like the process, 24 00:01:27,720 --> 00:01:30,600 Speaker 3: and you know, I liked watching stuff like Law and 25 00:01:30,720 --> 00:01:32,319 Speaker 3: Order and other things like that. 26 00:01:33,240 --> 00:01:36,920 Speaker 1: SVU Criminal Intent, svenn liked them all. He was a 27 00:01:36,920 --> 00:01:40,479 Speaker 1: software developer, newly married, and he and his wife had 28 00:01:40,560 --> 00:01:43,600 Speaker 1: just bought a new house, his first. The house had 29 00:01:43,640 --> 00:01:45,960 Speaker 1: a flagpole in the front and a hammock out back. 30 00:01:46,720 --> 00:01:49,160 Speaker 1: After work, he'd come home, relax on the couch and 31 00:01:49,200 --> 00:01:52,360 Speaker 1: watches legal dramas. Jury Duty was going to offer an 32 00:01:52,360 --> 00:01:54,559 Speaker 1: inside view of the TV shows he loved. 33 00:01:55,200 --> 00:01:57,880 Speaker 3: I he wasn't fooled into thinking it was some weird, 34 00:01:57,920 --> 00:02:04,040 Speaker 3: glamorous thing like that. But uh, I thought jury's were interesting, 35 00:02:04,240 --> 00:02:07,560 Speaker 3: the idea of, you know, judging your peers right or wrong. 36 00:02:08,760 --> 00:02:12,239 Speaker 3: I've all sort of had a sense of civic responsibility. 37 00:02:12,919 --> 00:02:16,200 Speaker 1: In my book, the only thing that makes responsibility less 38 00:02:16,240 --> 00:02:20,519 Speaker 1: appealing is adding the word civic to it. Paying your taxes, 39 00:02:20,760 --> 00:02:25,040 Speaker 1: appearing before his zoning board not for me. Like most, 40 00:02:25,120 --> 00:02:27,920 Speaker 1: when I appeared for Jury duty, I prayed for dismissal, 41 00:02:28,800 --> 00:02:32,120 Speaker 1: not spend. Though during the selection process he engaged with 42 00:02:32,160 --> 00:02:35,120 Speaker 1: the questions the lawyers posed as best he could, and 43 00:02:35,160 --> 00:02:37,400 Speaker 1: when he was asked how he felt about capital punishment, 44 00:02:37,800 --> 00:02:39,359 Speaker 1: he answered candidly. 45 00:02:39,240 --> 00:02:41,840 Speaker 3: I believe bad people should be punished in that way 46 00:02:41,919 --> 00:02:44,400 Speaker 3: or could be punished in that way, and so I 47 00:02:44,400 --> 00:02:46,520 Speaker 3: wouldn't say I was strongly for it, but I wasn't 48 00:02:46,520 --> 00:02:51,519 Speaker 3: against it, and consequently I got on the jury. 49 00:02:51,560 --> 00:02:54,680 Speaker 1: The case was the State of Texas versus Paul David's Story. 50 00:02:55,520 --> 00:02:57,560 Speaker 1: Story was a twenty two year old accused of the 51 00:02:57,639 --> 00:03:00,320 Speaker 1: murder of Jonas Cherry, the manager of a mini golf 52 00:03:00,360 --> 00:03:04,799 Speaker 1: course in Hearst, Texas. Story and an accomplice forced Cherry 53 00:03:04,840 --> 00:03:07,600 Speaker 1: into the back office, made him unlock the safe and 54 00:03:07,600 --> 00:03:10,239 Speaker 1: put the money a few hundred dollars in a bag, 55 00:03:10,919 --> 00:03:15,640 Speaker 1: and then they shot him multiple times. Story's trial lasted 56 00:03:15,639 --> 00:03:17,960 Speaker 1: two weeks and would have felt familiar to anyone who 57 00:03:18,000 --> 00:03:21,640 Speaker 1: watches TV courtroom dramas. There were lawyers with thick minders 58 00:03:21,639 --> 00:03:25,959 Speaker 1: full of bilistics reports and medical examinations. Character witnesses were called, 59 00:03:26,080 --> 00:03:29,560 Speaker 1: and disturbing photographs of the victim's body were shown. The 60 00:03:29,639 --> 00:03:32,400 Speaker 1: only thing missing was any suspense about the verdict. 61 00:03:32,800 --> 00:03:38,040 Speaker 3: There was no doubt that he was guilty of murder 62 00:03:38,160 --> 00:03:41,440 Speaker 3: and robbery, and so really, as a jury, all we 63 00:03:41,520 --> 00:03:42,880 Speaker 3: had to worry about was sentencing. 64 00:03:44,160 --> 00:03:46,960 Speaker 1: The jury had to decide between life imprisonment or the 65 00:03:46,960 --> 00:03:50,120 Speaker 1: death penalty. It seemed the victim's family knew what they 66 00:03:50,160 --> 00:03:54,120 Speaker 1: wanted it should go without saying the prosecutor announced his 67 00:03:54,280 --> 00:03:57,040 Speaker 1: Fen and the other jurors that all of Jonas's family 68 00:03:57,120 --> 00:03:59,960 Speaker 1: and everyone who loved him believed the death penalty is appropriate. 69 00:04:01,280 --> 00:04:04,240 Speaker 1: The prosecutor asked the jurors to sentence Paul's story to death. 70 00:04:05,040 --> 00:04:08,200 Speaker 1: The instruction stated that for the death penalty to be imposed, 71 00:04:08,480 --> 00:04:11,680 Speaker 1: the jurors must judge three things to be true. That 72 00:04:11,720 --> 00:04:15,280 Speaker 1: Paul's story was guilty, That there were no mitigating circumstances 73 00:04:15,360 --> 00:04:19,520 Speaker 1: like say, mental illness or provocation. And lastly, that story 74 00:04:19,560 --> 00:04:21,479 Speaker 1: posed a future threat to his community. 75 00:04:21,800 --> 00:04:23,960 Speaker 2: That was the one I had issue with. 76 00:04:25,000 --> 00:04:29,640 Speaker 3: I seriously doubted that he would be a continuing threat 77 00:04:30,320 --> 00:04:32,680 Speaker 3: to the prison community. 78 00:04:33,360 --> 00:04:37,000 Speaker 1: And what was it about Paul's story that made you 79 00:04:37,080 --> 00:04:41,400 Speaker 1: feel like you just didn't see him as a continued threat? 80 00:04:42,760 --> 00:04:43,599 Speaker 2: A couple of things. 81 00:04:44,720 --> 00:04:47,719 Speaker 1: His testimony, the young man's Fen saw in the courtroom 82 00:04:48,000 --> 00:04:51,880 Speaker 1: appeared confused, in over his head, and remorseful. This was 83 00:04:51,880 --> 00:04:54,680 Speaker 1: his first offense, and some of the evidence suggested that 84 00:04:54,760 --> 00:04:57,280 Speaker 1: it was Story's accomplice who'd been the mastermind behind the 85 00:04:57,320 --> 00:05:01,239 Speaker 1: horrible crime, as well as the one who'd fired Savin 86 00:05:01,400 --> 00:05:03,760 Speaker 1: was certain that Paul's story should be punished, but he 87 00:05:03,800 --> 00:05:05,240 Speaker 1: didn't think he should be put to death. 88 00:05:05,920 --> 00:05:14,800 Speaker 3: But in the chambers there was a very different feel. 89 00:05:15,720 --> 00:05:20,440 Speaker 3: Everyone else was in favor of the death penalty, and 90 00:05:20,520 --> 00:05:23,200 Speaker 3: so faced with you know, almost a dozen other people 91 00:05:23,240 --> 00:05:29,440 Speaker 3: who already felt strongly, I didn't think I could convince 92 00:05:31,200 --> 00:05:35,200 Speaker 3: anyone that of what I was thinking. I'll be honest, 93 00:05:35,200 --> 00:05:35,800 Speaker 3: I was scared. 94 00:05:37,520 --> 00:05:40,200 Speaker 1: At twenty seven, Savan was the youngest juror by about 95 00:05:40,240 --> 00:05:42,200 Speaker 1: ten years, and he was the kind of guy who 96 00:05:42,279 --> 00:05:45,599 Speaker 1: avoided speaking up at all costs. At home, if his 97 00:05:45,640 --> 00:05:48,840 Speaker 1: neighbor parked in his space, he let it go. At 98 00:05:48,839 --> 00:05:51,360 Speaker 1: the office, if his boss told him to do something, 99 00:05:51,720 --> 00:05:55,480 Speaker 1: even if he disagreed, he did it without question. In 100 00:05:55,520 --> 00:05:57,960 Speaker 1: other words, even though he'd been looking forward to being 101 00:05:57,960 --> 00:06:01,280 Speaker 1: a juror, when he found himself in the jury, Sven 102 00:06:01,320 --> 00:06:05,760 Speaker 1: wasn't exactly Henry Fonda and twelve angry men. The way 103 00:06:05,800 --> 00:06:09,000 Speaker 1: he understood it, the jurors had to reach unanimous decision, 104 00:06:09,480 --> 00:06:12,200 Speaker 1: and the idea of swaying eleven strangers over to his 105 00:06:12,279 --> 00:06:16,000 Speaker 1: way of thinking seemed impossible. He was also afraid that 106 00:06:16,000 --> 00:06:18,000 Speaker 1: if he opposed the group, he would result in a 107 00:06:18,080 --> 00:06:20,800 Speaker 1: hung jury. In a mistrial, they'd have to start the 108 00:06:20,839 --> 00:06:24,400 Speaker 1: whole process over again with a new jury everyone would 109 00:06:24,440 --> 00:06:28,680 Speaker 1: be mad at him, so Sven said nothing. An hour 110 00:06:28,720 --> 00:06:32,080 Speaker 1: and a half later, Paul's story was sentenced to death 111 00:06:32,120 --> 00:06:33,120 Speaker 1: by lethal injection. 112 00:06:35,760 --> 00:06:38,120 Speaker 3: It was hard to look at him during the sentence. 113 00:06:41,680 --> 00:06:45,440 Speaker 3: We sat waiting for the judge to ask us, you know, 114 00:06:45,480 --> 00:06:48,720 Speaker 3: what's the sentencing, and everyone was really tense. And the 115 00:06:48,760 --> 00:06:53,640 Speaker 3: woman next to me, another juror, began crying. She's trying 116 00:06:53,640 --> 00:06:57,640 Speaker 3: to hide it, you know. And I gave him my 117 00:06:57,720 --> 00:07:04,680 Speaker 3: handkerchief and she just wept. Then the foreman announced the verdict, 118 00:07:05,320 --> 00:07:10,360 Speaker 3: and I think his mother cried out. They had an 119 00:07:10,400 --> 00:07:13,120 Speaker 3: exit for us to go through after we collected our things, 120 00:07:14,040 --> 00:07:19,320 Speaker 3: and we were out of that courtroom fast. 121 00:07:20,400 --> 00:07:22,080 Speaker 2: It felt like a mistake right away. 122 00:07:23,760 --> 00:07:25,800 Speaker 1: Svan went over to his parents' house, where he had 123 00:07:25,800 --> 00:07:28,600 Speaker 1: dinner and drank scotch with his dad. He told his 124 00:07:28,680 --> 00:07:31,480 Speaker 1: family about the trial, and then he went home, where 125 00:07:31,480 --> 00:07:33,040 Speaker 1: he had more to drink before bed. 126 00:07:33,600 --> 00:07:35,200 Speaker 2: And then that was that. Then it was over. 127 00:07:36,960 --> 00:07:41,400 Speaker 3: And I went on with my life, or at least 128 00:07:41,400 --> 00:07:41,960 Speaker 3: he tried to. 129 00:07:42,760 --> 00:07:48,560 Speaker 2: But what do you do with these feelings? I was 130 00:07:48,640 --> 00:07:49,120 Speaker 2: just stuck. 131 00:07:49,280 --> 00:07:53,400 Speaker 3: I felt massive amounts of regret. I felt, you know, 132 00:07:53,600 --> 00:07:58,680 Speaker 3: I felt guilty, you know, sending someone to death row. 133 00:08:00,400 --> 00:08:03,160 Speaker 1: When you think about the people a capital murder trial effects, 134 00:08:03,520 --> 00:08:06,560 Speaker 1: you think of the victims, their loved ones, the accused 135 00:08:06,640 --> 00:08:09,720 Speaker 1: and their families and what they're going through. You don't 136 00:08:09,760 --> 00:08:12,680 Speaker 1: usually think about what it does to the jurors. But 137 00:08:12,720 --> 00:08:15,360 Speaker 1: for Spen, the trial wasn't something he could put behind 138 00:08:15,440 --> 00:08:17,880 Speaker 1: him at the crack of a gavel. In the days 139 00:08:17,880 --> 00:08:20,680 Speaker 1: and weeks after the verdict, he read every article about 140 00:08:20,680 --> 00:08:23,440 Speaker 1: the case he could find, but the more he read, 141 00:08:23,720 --> 00:08:27,080 Speaker 1: the more shame he felt. So eventually he just stopped. 142 00:08:27,920 --> 00:08:29,480 Speaker 2: I realized it wasn't really healthy. 143 00:08:30,360 --> 00:08:32,960 Speaker 1: At the time. Spenn was a regular drinker, and. 144 00:08:32,920 --> 00:08:35,560 Speaker 2: It only got worse after the trial. But got a 145 00:08:35,600 --> 00:08:36,840 Speaker 2: lot worse after the trial. 146 00:08:37,240 --> 00:08:39,400 Speaker 1: He was drinking more beginning as soon as he got 147 00:08:39,400 --> 00:08:42,400 Speaker 1: home from work and spending more days hung over. His 148 00:08:42,440 --> 00:08:44,160 Speaker 1: wife didn't understand what was going on. 149 00:08:45,040 --> 00:08:49,080 Speaker 3: It may have contributed to my divorce, which was the 150 00:08:49,120 --> 00:08:49,800 Speaker 3: following year. 151 00:08:51,559 --> 00:08:54,280 Speaker 1: A year after the trial and Sveen's life had changed. 152 00:08:54,760 --> 00:08:56,880 Speaker 1: The new house with the hammock and the flagpole was 153 00:08:56,920 --> 00:09:08,400 Speaker 1: sold and Spen moved out of Texas. Sven settled in Olympia, 154 00:09:08,520 --> 00:09:11,680 Speaker 1: Washington to start his life over. He found an apartment 155 00:09:11,720 --> 00:09:14,440 Speaker 1: for himself and his cat Niku, but he couldn't shake 156 00:09:14,440 --> 00:09:17,200 Speaker 1: his memories of the trial. When a friend bought a 157 00:09:17,240 --> 00:09:20,439 Speaker 1: second hand silver Nissan, Sven couldn't stop thinking about how 158 00:09:20,440 --> 00:09:22,880 Speaker 1: that was the same car as the victim, Jonas Cherry 159 00:09:22,960 --> 00:09:27,120 Speaker 1: had driven. When addressing coworkers, the name Jonas would accidentally 160 00:09:27,200 --> 00:09:30,719 Speaker 1: slip from Spen's lips, and Paul's Story, who still was 161 00:09:30,760 --> 00:09:34,600 Speaker 1: on death row, was never far from Sveen's mind. He 162 00:09:34,679 --> 00:09:37,200 Speaker 1: tried to escape through alcohol, but it didn't free him 163 00:09:37,240 --> 00:09:41,120 Speaker 1: from his shame. Sometimes after a night out drinking, he'd 164 00:09:41,120 --> 00:09:44,000 Speaker 1: return to a Facebook page Paul Story's mother had made 165 00:09:44,000 --> 00:09:47,720 Speaker 1: for Paul. One mother had already lost her son, and 166 00:09:47,800 --> 00:09:50,640 Speaker 1: now because Fenn had been too afraid to speak up, 167 00:09:51,120 --> 00:09:52,880 Speaker 1: another mother was going to as well. 168 00:09:53,440 --> 00:09:56,440 Speaker 3: I'm not trying to excuse his crime. It was terrible, 169 00:09:57,600 --> 00:09:59,920 Speaker 3: but to Sunday guide it doath for anyon? 170 00:10:00,200 --> 00:10:01,040 Speaker 2: Is it all that? 171 00:10:01,280 --> 00:10:07,679 Speaker 3: Just the presence in your mind, the sort of recurring 172 00:10:08,120 --> 00:10:08,920 Speaker 3: thoughts about it? 173 00:10:10,520 --> 00:10:11,439 Speaker 2: Can that go away? 174 00:10:13,480 --> 00:10:17,120 Speaker 1: For all the bad rapid gets Shame offers a certain safety. 175 00:10:17,800 --> 00:10:20,719 Speaker 1: It provides a comfortable hole to hide in away from 176 00:10:20,760 --> 00:10:23,800 Speaker 1: the judgment of others, but it can also lead to 177 00:10:23,800 --> 00:10:28,000 Speaker 1: isolation and inertia, and for eight years, eight years in 178 00:10:28,040 --> 00:10:31,360 Speaker 1: which Paul's Story sat on death row awaiting an execution date, 179 00:10:31,800 --> 00:10:35,360 Speaker 1: Sven barely talked about the trial with anybody. But then, 180 00:10:35,600 --> 00:10:39,080 Speaker 1: in twenty sixteen, the year after Paul Story's federal appeal 181 00:10:39,120 --> 00:10:42,280 Speaker 1: had been denied, a reporter writing a series of articles 182 00:10:42,280 --> 00:10:45,760 Speaker 1: about the judicial system approached Ven about his experience as 183 00:10:45,760 --> 00:10:48,800 Speaker 1: a juror. Sven was tired of being all alone with 184 00:10:48,880 --> 00:10:52,160 Speaker 1: his regrets, and so for the first time, he opened 185 00:10:52,240 --> 00:10:56,040 Speaker 1: up about his feelings. I felt guilty, he told the reporter, 186 00:10:56,520 --> 00:10:59,760 Speaker 1: and sad and a little helpless. I don't think I 187 00:10:59,760 --> 00:11:03,360 Speaker 1: made the right call. Sven had hoped that talking about 188 00:11:03,360 --> 00:11:06,520 Speaker 1: the trial might help, and it did up until the 189 00:11:06,640 --> 00:11:10,120 Speaker 1: article was published. That was when Spen received an uncomfortable 190 00:11:10,160 --> 00:11:13,280 Speaker 1: phone call from a lawyer who'd read the article. Sveen 191 00:11:13,400 --> 00:11:17,079 Speaker 1: was at work, fearing his coworkers might overhear, he took 192 00:11:17,160 --> 00:11:20,880 Speaker 1: the call outside behind his office building. It was there 193 00:11:21,000 --> 00:11:24,319 Speaker 1: that he learned that eight years earlier, he'd misunderstood a 194 00:11:24,400 --> 00:11:27,040 Speaker 1: key part of the jury instructions. 195 00:11:27,760 --> 00:11:29,720 Speaker 2: I thought incorrectly. 196 00:11:30,160 --> 00:11:35,960 Speaker 3: Essentially, I believed I would have to convince everyone to 197 00:11:36,040 --> 00:11:42,520 Speaker 3: choose life imprisonment. When In fact, all I had to 198 00:11:42,600 --> 00:11:48,679 Speaker 3: do was declined the death penalty, and that's all it 199 00:11:48,720 --> 00:11:49,400 Speaker 3: would have taken. 200 00:11:50,679 --> 00:11:54,679 Speaker 1: Preventing the death sentence only required one dissenting vote, a 201 00:11:54,800 --> 00:11:57,520 Speaker 1: vote Spen could have cast, so there would have been 202 00:11:57,559 --> 00:12:01,280 Speaker 1: no mistrial, no hungury, and instead of the death penalty, 203 00:12:01,600 --> 00:12:04,160 Speaker 1: Paul's story would have gotten life in prison without parole. 204 00:12:04,920 --> 00:12:06,480 Speaker 3: And that would that would have been nice to know 205 00:12:08,320 --> 00:12:12,160 Speaker 3: I could have changed Oh, I could have let him live. 206 00:12:19,440 --> 00:12:22,880 Speaker 1: After the article was published, something else happened, something Spenn 207 00:12:23,000 --> 00:12:28,079 Speaker 1: never expected or wanted. Paul Story's mother, Marilyn, got in touch. 208 00:12:28,760 --> 00:12:33,959 Speaker 3: She reached out with an email filled with sentiments of forgiveness. 209 00:12:34,760 --> 00:12:39,200 Speaker 3: She had forgiven me and if I wanted to, I 210 00:12:39,240 --> 00:12:44,320 Speaker 3: could reach out and talk with her. And knowing that 211 00:12:44,360 --> 00:12:47,199 Speaker 3: there was that forgiveness, it felt so weird like it. 212 00:12:47,200 --> 00:12:49,359 Speaker 3: It wasn't something I could completely understand. 213 00:12:50,760 --> 00:12:53,839 Speaker 1: Forri Sven, it didn't make sense. Why would Marilyn want 214 00:12:53,880 --> 00:12:56,760 Speaker 1: to speak with him? How could she, of all people, 215 00:12:57,160 --> 00:12:59,440 Speaker 1: forgive him for something he couldn't forgive himself. 216 00:13:00,280 --> 00:13:03,040 Speaker 3: I didn't know how to deal with I still kind 217 00:13:03,040 --> 00:13:04,280 Speaker 3: of don't know how to deal with that. 218 00:13:05,400 --> 00:13:09,320 Speaker 2: And I couldn't. I couldn't. I couldn't match her message. 219 00:13:09,640 --> 00:13:12,280 Speaker 2: How do you mean? Well? 220 00:13:12,640 --> 00:13:16,960 Speaker 3: I wasn't sure how to reply with something as powerful 221 00:13:16,960 --> 00:13:17,280 Speaker 3: as that. 222 00:13:18,720 --> 00:13:20,520 Speaker 2: It just floored me. I didn't know what to say. 223 00:13:21,760 --> 00:13:23,800 Speaker 1: Sven was never able to write Maryland back. 224 00:13:25,040 --> 00:13:30,080 Speaker 2: I did began a reply, but I didn't. 225 00:13:31,320 --> 00:13:36,280 Speaker 3: I didn't have the courage to finish or send it. 226 00:13:36,280 --> 00:13:39,240 Speaker 3: It's just, you know, there's so much pain in there, 227 00:13:39,280 --> 00:13:44,839 Speaker 3: and I feel like I really wrecked things up. 228 00:13:50,160 --> 00:13:53,400 Speaker 1: A few months after Spenn received Maryland's email, an execution 229 00:13:53,559 --> 00:13:56,319 Speaker 1: date was set. The state would put Paul's Story to 230 00:13:56,400 --> 00:14:00,880 Speaker 1: death on April twelfth of twenty seventeen. But then something 231 00:14:00,960 --> 00:14:05,240 Speaker 1: unexpected happened. Glenn and Judith Cherry, the parents of the victim, 232 00:14:05,360 --> 00:14:09,160 Speaker 1: came forward. It seems that at the trial the prosecution 233 00:14:09,320 --> 00:14:13,000 Speaker 1: had lied. The Cherries, in spite of their son's murder, 234 00:14:13,160 --> 00:14:17,439 Speaker 1: are and always have been, against capital punishment. In a 235 00:14:17,520 --> 00:14:21,880 Speaker 1: video they released publicly, Judith Cherry presents a statement which reads, 236 00:14:22,080 --> 00:14:25,800 Speaker 1: in part, we do not want Paul Story's family, especially 237 00:14:25,800 --> 00:14:29,040 Speaker 1: a mother, to witness the purposeful execution of their son. 238 00:14:29,920 --> 00:14:34,120 Speaker 1: They are innocent of his deeds. Based on this testimony, 239 00:14:34,480 --> 00:14:38,760 Speaker 1: with only five days to spare, Paul Story's execution was postponed. 240 00:14:40,200 --> 00:14:43,000 Speaker 1: When news of the stay of execution reached Fenn, it 241 00:14:43,080 --> 00:14:46,680 Speaker 1: felt like a second chance, an opening to finally respond 242 00:14:46,680 --> 00:14:50,480 Speaker 1: to Marilyn's email. But he didn't. It's now been over 243 00:14:50,520 --> 00:14:54,400 Speaker 1: two years, he's remarried, doesn't drink anymore, but he still 244 00:14:54,400 --> 00:14:58,640 Speaker 1: hasn't contacted Marilyn. And so at this point, what do 245 00:14:58,680 --> 00:14:59,240 Speaker 1: you want? 246 00:15:02,000 --> 00:15:04,480 Speaker 2: I need to apologize for not. 247 00:15:06,680 --> 00:15:08,480 Speaker 3: For not doing what I should have done to begin with, 248 00:15:08,600 --> 00:15:11,360 Speaker 3: for not following my gut, for not trying. 249 00:15:17,320 --> 00:15:20,560 Speaker 1: Shame leads to inertia, And as even the most casual 250 00:15:20,600 --> 00:15:23,400 Speaker 1: reader of the fundamentals of physics will tell you, an 251 00:15:23,400 --> 00:15:26,680 Speaker 1: inert object will remain inert until it is acted upon 252 00:15:26,840 --> 00:15:30,440 Speaker 1: by an external force. In other words, it takes a 253 00:15:30,440 --> 00:15:34,240 Speaker 1: little nudge. And who better to supply a little nudge 254 00:15:34,600 --> 00:15:38,440 Speaker 1: than a little nudge. And so I write Marilyn a letter. 255 00:15:39,280 --> 00:15:41,960 Speaker 1: I know this is a really sensitive and deeply personal issue. 256 00:15:42,000 --> 00:15:44,480 Speaker 1: It reads, and I hope I'm not being too forward. 257 00:15:45,200 --> 00:15:47,280 Speaker 1: I ask Marilyn if she remembers a juror by the 258 00:15:47,320 --> 00:15:50,720 Speaker 1: name of spen Burger. About a week later, I receive 259 00:15:50,760 --> 00:15:53,600 Speaker 1: a note back via email. Thank you so much for 260 00:15:53,640 --> 00:15:56,680 Speaker 1: your letter, Marilyn, writes, I have no ill will toward 261 00:15:56,760 --> 00:15:59,680 Speaker 1: mister Berger. I have offered on my email address as 262 00:15:59,680 --> 00:16:03,120 Speaker 1: well as my phone number with no reply. She also 263 00:16:03,200 --> 00:16:05,960 Speaker 1: forwards me her original email to Fenn, the one she 264 00:16:06,040 --> 00:16:08,760 Speaker 1: sent two years ago, the one he can't stop thinking 265 00:16:08,760 --> 00:16:12,680 Speaker 1: about when I read it. I'm expecting a grand gesture 266 00:16:12,680 --> 00:16:17,200 Speaker 1: of forgiveness, but Marilyn never mentions forgiveness, never even uses 267 00:16:17,240 --> 00:16:21,200 Speaker 1: the word. Instead, it's just six short sentences in which 268 00:16:21,200 --> 00:16:23,840 Speaker 1: Marilyn thanks Vin for the article and says she shared 269 00:16:23,880 --> 00:16:27,400 Speaker 1: it with her son. Her tone's breezy. She ends with, 270 00:16:27,720 --> 00:16:32,600 Speaker 1: have a great day exclamation mark. I understand That'svenn, consumed 271 00:16:32,600 --> 00:16:35,880 Speaker 1: by guilt, would read so much into so little. What 272 00:16:35,920 --> 00:16:38,760 Speaker 1: I don't understand is why Marilyn sent him the email 273 00:16:38,840 --> 00:16:39,720 Speaker 1: in the first place. 274 00:17:03,440 --> 00:17:07,240 Speaker 2: I know you're jokingly mentioned breakfast. Oh, I was joking. 275 00:17:07,720 --> 00:17:08,720 Speaker 2: I have, like I. 276 00:17:08,640 --> 00:17:11,560 Speaker 1: Have a couple of little things if you get packish 277 00:17:11,600 --> 00:17:15,840 Speaker 1: at all, some croissant, some of this stuff I don't know, 278 00:17:15,920 --> 00:17:20,440 Speaker 1: some cookies, yeah, okay. Marylyn lives in Fort Worth, Texas. 279 00:17:20,760 --> 00:17:23,000 Speaker 1: The two of us meet in a hotel suite downtown, 280 00:17:23,400 --> 00:17:25,760 Speaker 1: where I can't stop offering her food, but she can't 281 00:17:25,800 --> 00:17:26,560 Speaker 1: stop refusing. 282 00:17:27,119 --> 00:17:29,000 Speaker 2: Do you want to have a coffee or cheek? 283 00:17:29,359 --> 00:17:29,600 Speaker 4: No. 284 00:17:30,240 --> 00:17:34,720 Speaker 1: Marilyn is tall and stately, with smiling eyes. She's in slacks, boots, 285 00:17:34,720 --> 00:17:37,639 Speaker 1: and a crop blazer, all in black. She sits on 286 00:17:37,680 --> 00:17:39,960 Speaker 1: the end of the couch next to an empty armchair 287 00:17:40,280 --> 00:17:41,760 Speaker 1: and tries to give me a sense of what her 288 00:17:41,760 --> 00:17:43,199 Speaker 1: life was like before the trial. 289 00:17:43,800 --> 00:17:45,719 Speaker 5: I was always the life of the party. I mean, 290 00:17:45,760 --> 00:17:48,840 Speaker 5: I was a joster. Oh make sure you have Marylynd there, 291 00:17:48,880 --> 00:17:51,800 Speaker 5: because she's gonna keep the party going. I was always 292 00:17:51,840 --> 00:17:54,040 Speaker 5: kind of the one that everybody went to. People know, 293 00:17:54,119 --> 00:17:55,680 Speaker 5: you can call me in the middle of the night. 294 00:17:56,400 --> 00:17:58,639 Speaker 5: You know, if you need somebody to come pick you up, 295 00:17:58,720 --> 00:18:00,720 Speaker 5: you call Maryland. She'd get up, She'll go do it. 296 00:18:01,400 --> 00:18:04,479 Speaker 1: Since the trial, Maryland doesn't feel like the same person. 297 00:18:05,200 --> 00:18:07,639 Speaker 1: But after ten years, her friends and family want her 298 00:18:07,680 --> 00:18:09,520 Speaker 1: to go back to being the same old Maryland she 299 00:18:09,600 --> 00:18:10,240 Speaker 1: always was. 300 00:18:10,800 --> 00:18:13,919 Speaker 5: So it went through a transition of my family not 301 00:18:14,080 --> 00:18:17,000 Speaker 5: understanding because it's like, Okay, you know, well, why aren't 302 00:18:17,000 --> 00:18:20,560 Speaker 5: you cheery and happy like you used to? And you 303 00:18:20,640 --> 00:18:21,879 Speaker 5: got to go on with your life. 304 00:18:22,200 --> 00:18:25,320 Speaker 1: But this is Maryland's life. Every day she's reckoning with 305 00:18:25,359 --> 00:18:28,640 Speaker 1: the horror of her son's crime and worrying endlessly about 306 00:18:28,640 --> 00:18:32,199 Speaker 1: his safety in prison. The thing that's hardest, though, is 307 00:18:32,200 --> 00:18:34,560 Speaker 1: the way the people closest to her now look upon 308 00:18:34,560 --> 00:18:37,879 Speaker 1: her son. She says that everyone's past judgment on Paul 309 00:18:38,080 --> 00:18:41,320 Speaker 1: written him off as worthless and unredeemable, and they blame 310 00:18:41,440 --> 00:18:42,240 Speaker 1: him for her pain. 311 00:18:42,720 --> 00:18:45,639 Speaker 5: And I even had a family remember where Paul is 312 00:18:45,720 --> 00:18:48,920 Speaker 5: the cause of all of this, and that was. 313 00:18:50,520 --> 00:18:51,359 Speaker 2: Very hurtful. 314 00:18:52,119 --> 00:18:56,120 Speaker 5: It's like they wanted everything to be okay. But that's 315 00:18:56,160 --> 00:18:59,159 Speaker 5: my child, and I love him and I'm not going 316 00:18:59,240 --> 00:19:01,199 Speaker 5: to ever stop fighting for him. 317 00:19:02,040 --> 00:19:04,520 Speaker 1: Fighting for him meant working with her son's lawyers to 318 00:19:04,600 --> 00:19:06,280 Speaker 1: change his sentence to life in prison. 319 00:19:06,640 --> 00:19:09,120 Speaker 5: Paul's appeals more exhausting. 320 00:19:09,960 --> 00:19:12,120 Speaker 1: It took up all of her time and energy, which 321 00:19:12,119 --> 00:19:15,400 Speaker 1: affected the hospitality job she worked at for over thirty years. 322 00:19:15,800 --> 00:19:20,080 Speaker 5: It became extremely hard for me to concentrate at work, 323 00:19:20,320 --> 00:19:22,600 Speaker 5: and I feel like it cost me my job. 324 00:19:23,560 --> 00:19:26,879 Speaker 1: After losing her job, Marilyn then lost her house. She 325 00:19:26,960 --> 00:19:28,720 Speaker 1: was forced to move in with her younger son. 326 00:19:29,040 --> 00:19:30,879 Speaker 5: So it's kind of like, you know, at my age, 327 00:19:30,920 --> 00:19:33,679 Speaker 5: where I felt that i'd be getting ready to retire, 328 00:19:33,920 --> 00:19:38,920 Speaker 5: I'm storing over. So that's a hard thing. 329 00:19:46,240 --> 00:19:49,520 Speaker 1: Ten years after the trial, and everyone, her friends, her 330 00:19:49,520 --> 00:19:53,639 Speaker 1: family have all moved on. So when Marilyn reads friend's article, 331 00:19:54,080 --> 00:19:57,000 Speaker 1: she saw in him someone like her, someone who never 332 00:19:57,040 --> 00:20:00,400 Speaker 1: gotten past that final day of the trial, and they. 333 00:20:00,359 --> 00:20:06,119 Speaker 5: Actually gave the sentence, the death penalty. I thought I 334 00:20:06,160 --> 00:20:10,600 Speaker 5: had died. I thought I had literally died. It didn't 335 00:20:10,640 --> 00:20:16,320 Speaker 5: even register because I'm just like, what just happened? What 336 00:20:16,440 --> 00:20:20,280 Speaker 5: have they done? You know? My whole time there, I 337 00:20:20,359 --> 00:20:23,280 Speaker 5: was just look at the jurors to try to read, Okay, 338 00:20:23,560 --> 00:20:24,520 Speaker 5: what are they thinking? 339 00:20:24,640 --> 00:20:25,520 Speaker 2: What are they doing? 340 00:20:27,520 --> 00:20:30,359 Speaker 5: I wanted them to know if I could only tell 341 00:20:30,359 --> 00:20:33,160 Speaker 5: them what kind of person he is, And I want 342 00:20:33,200 --> 00:20:36,120 Speaker 5: people to know, you know, everybody's they're assumed that if 343 00:20:36,119 --> 00:20:38,480 Speaker 5: you're involved in a hang his crime like that. 344 00:20:38,480 --> 00:20:39,320 Speaker 2: That you're a monster. 345 00:20:39,640 --> 00:20:40,720 Speaker 5: But he wasn't a monster. 346 00:20:46,600 --> 00:20:47,960 Speaker 2: Okay, so he's going to come up. 347 00:20:48,440 --> 00:20:50,440 Speaker 1: Marilyn and I have been talking for about an hour 348 00:20:50,480 --> 00:20:52,480 Speaker 1: and a half. When the front desk funds. 349 00:20:57,040 --> 00:21:03,520 Speaker 5: As the n spin Yes, I'll hope I get that 350 00:21:03,640 --> 00:21:05,000 Speaker 5: before he gets it. 351 00:21:05,920 --> 00:21:08,199 Speaker 1: But before we get a chance to practice our fans. 352 00:21:08,680 --> 00:21:14,359 Speaker 1: Sven is at the door, Jonathan, it's very nice to 353 00:21:15,280 --> 00:21:21,879 Speaker 1: Marilyn is here Spin Sven lingers in the door of 354 00:21:21,920 --> 00:21:25,400 Speaker 1: the hotel room. Here, sit down, have a seat over there. 355 00:21:25,960 --> 00:21:29,240 Speaker 1: He's bespectacled, neatly dressed in a collared shirt and sweater. 356 00:21:29,720 --> 00:21:31,359 Speaker 1: He looks around and clears his throat. 357 00:21:31,760 --> 00:21:33,440 Speaker 6: I'm a little nervous. 358 00:21:34,359 --> 00:21:34,479 Speaker 2: So. 359 00:21:35,680 --> 00:21:37,560 Speaker 1: The last time Marilyn and s Fan had been in 360 00:21:37,600 --> 00:21:40,359 Speaker 1: the same room was ten years ago. At the trial, 361 00:21:41,160 --> 00:21:43,680 Speaker 1: Marilyn was seated behind the bar span sat in the 362 00:21:43,760 --> 00:21:47,359 Speaker 1: jury box, But today he sits down in the empty 363 00:21:47,400 --> 00:21:50,320 Speaker 1: armchair beside her. He can't quite bring himself to look 364 00:21:50,359 --> 00:21:52,679 Speaker 1: at her. As he tells Marilyn what it was like 365 00:21:52,720 --> 00:21:55,440 Speaker 1: to receive her email, he gazes down at his lap. 366 00:21:57,440 --> 00:22:02,359 Speaker 3: It was it was very surprising, and I read it 367 00:22:02,400 --> 00:22:04,840 Speaker 3: and I reread it, and I even. 368 00:22:05,040 --> 00:22:08,080 Speaker 2: Began several letters that never went anywhere. I didn't know 369 00:22:08,080 --> 00:22:09,560 Speaker 2: what to say. What do you say about that? 370 00:22:10,560 --> 00:22:12,840 Speaker 3: I don't want to write a letter that's trying to 371 00:22:12,840 --> 00:22:15,240 Speaker 3: make me feel better, do you know what I mean? 372 00:22:17,680 --> 00:22:20,760 Speaker 3: From the moment the vote was cast, I had regret. 373 00:22:20,920 --> 00:22:26,119 Speaker 3: I thought I am doing the wrong thing. And although 374 00:22:26,480 --> 00:22:29,679 Speaker 3: it was great hearing that you know you forgave me, 375 00:22:30,240 --> 00:22:33,080 Speaker 3: I couldn't forgive myself exactly. 376 00:22:33,720 --> 00:22:35,879 Speaker 2: And I can't even imagine how you must feel. 377 00:22:37,720 --> 00:22:40,320 Speaker 5: Okay, first of all, I want to say, I don't 378 00:22:40,320 --> 00:22:42,760 Speaker 5: want you to feel shamed, because you know my son 379 00:22:42,920 --> 00:22:48,440 Speaker 5: was involved in a crime. He made a wrong choice. 380 00:22:49,280 --> 00:22:52,040 Speaker 5: And I don't ever want you to feel that you 381 00:22:52,080 --> 00:22:56,080 Speaker 5: did anything wrong. You did what you felt you had 382 00:22:56,119 --> 00:23:01,080 Speaker 5: to do at the time, but you came back and 383 00:23:01,119 --> 00:23:05,040 Speaker 5: for you to come out and for you to say, hey, 384 00:23:06,119 --> 00:23:09,359 Speaker 5: I made a mistake, you write your wrong. 385 00:23:11,680 --> 00:23:14,080 Speaker 1: I can tell by Sven's face that he isn't convinced, 386 00:23:14,640 --> 00:23:17,960 Speaker 1: he doesn't feel like he's righted anything. This is because 387 00:23:18,000 --> 00:23:21,119 Speaker 1: for years Spen has been avoiding all traces of the case. 388 00:23:21,680 --> 00:23:25,440 Speaker 1: No googling, no newspapers. He never even read the article 389 00:23:25,480 --> 00:23:28,920 Speaker 1: he'd been interviewed for. So he doesn't know what Marilynd knows, 390 00:23:29,600 --> 00:23:32,280 Speaker 1: which is the chain of events that his articles set 391 00:23:32,320 --> 00:23:40,720 Speaker 1: in motion. The jury instructions for Paul Story's case were 392 00:23:40,720 --> 00:23:43,680 Speaker 1: written in dense legal ees, and nowhere in their nine 393 00:23:43,720 --> 00:23:46,520 Speaker 1: pages did they state that a single dissenting vote can 394 00:23:46,520 --> 00:23:50,199 Speaker 1: prevent the death penalty. In fact, courts in Texas are 395 00:23:50,200 --> 00:23:54,240 Speaker 1: prohibited from telling jurors that. In theory, that's to encourage 396 00:23:54,280 --> 00:23:57,280 Speaker 1: them to arrive at a consensus. Well, What it means 397 00:23:57,359 --> 00:24:02,080 Speaker 1: is Spen's confusion wasn't his fault. For years, legal advocates 398 00:24:02,080 --> 00:24:04,639 Speaker 1: had wanted to bring a bill before the legislature. They 399 00:24:04,640 --> 00:24:08,359 Speaker 1: would clarify the instructions, but they needed someone who could say, 400 00:24:08,640 --> 00:24:11,480 Speaker 1: I would have done things differently if I had understood. 401 00:24:12,119 --> 00:24:15,080 Speaker 1: Marilyn explains to FN that with him and the things 402 00:24:15,080 --> 00:24:17,800 Speaker 1: he'd said in the article, they'd finally found that person. 403 00:24:18,520 --> 00:24:20,720 Speaker 5: There are senitors in the state of Texas who have 404 00:24:20,960 --> 00:24:25,000 Speaker 5: introduced the bill based on you, to change the way 405 00:24:25,080 --> 00:24:27,520 Speaker 5: destructions are given to a death ponem. 406 00:24:27,280 --> 00:24:31,400 Speaker 1: To Jerid, Sven, slumped in his chair, straightens up. 407 00:24:31,840 --> 00:24:37,080 Speaker 5: Really, you have no idea what sort of impact you had. 408 00:24:37,480 --> 00:24:40,640 Speaker 3: I don't know anything about that. 409 00:24:40,680 --> 00:24:42,040 Speaker 5: You were very instrumental. 410 00:24:43,800 --> 00:24:45,840 Speaker 6: This is I'm shocked. 411 00:24:47,160 --> 00:24:49,200 Speaker 1: While his eyes have tended to dart around the room, 412 00:24:49,600 --> 00:24:52,439 Speaker 1: looking at me or down at his hands, right now, 413 00:24:52,600 --> 00:24:56,000 Speaker 1: Sven is looking directly at Marylyn. She tells him that 414 00:24:56,000 --> 00:24:58,479 Speaker 1: had he in fact voted against the death penalty at 415 00:24:58,480 --> 00:25:02,200 Speaker 1: her son's trial, these attempts at reform might never have happened. 416 00:25:02,800 --> 00:25:05,240 Speaker 5: I'm a firm believer of the things happened for a reason, 417 00:25:05,720 --> 00:25:09,119 Speaker 5: because this is not just about my son. It's about 418 00:25:09,480 --> 00:25:12,240 Speaker 5: other mothers sons that are on death row as well. 419 00:25:12,600 --> 00:25:15,879 Speaker 5: So if this can help any other case, you know, 420 00:25:16,040 --> 00:25:22,040 Speaker 5: outside of polls, then we've served that purpose. You came forward, 421 00:25:22,600 --> 00:25:24,520 Speaker 5: so I look at you as my hero. 422 00:25:26,160 --> 00:25:30,120 Speaker 1: Then physically shrinks from the word hero. It's as though 423 00:25:30,160 --> 00:25:32,680 Speaker 1: she's placed a large, awkward crown atop his head. 424 00:25:33,280 --> 00:25:39,000 Speaker 3: Wow, that's not the way i'd considered myself for my 425 00:25:39,080 --> 00:25:40,199 Speaker 3: actions in any way. 426 00:25:40,800 --> 00:25:41,679 Speaker 2: I don't feel. 427 00:25:41,480 --> 00:25:46,760 Speaker 5: That's to me. You are so you know it means 428 00:25:46,800 --> 00:25:47,120 Speaker 5: a lot. 429 00:25:49,440 --> 00:25:52,879 Speaker 6: That's a lot to process. I I had no idea 430 00:25:53,320 --> 00:25:55,040 Speaker 6: you didn't know any of this. No. 431 00:25:55,240 --> 00:25:56,240 Speaker 2: Oh, the articles. 432 00:25:57,400 --> 00:26:02,040 Speaker 5: There's a really good one in the Texas Tribute. It's 433 00:26:02,119 --> 00:26:07,200 Speaker 5: one of the ones. I actually printed it out for you, 434 00:26:07,240 --> 00:26:10,560 Speaker 5: but I waste Coca Cola on it, so I didn't 435 00:26:10,560 --> 00:26:13,159 Speaker 5: want to give you an article that was uh, but 436 00:26:13,240 --> 00:26:14,120 Speaker 5: you should look it up. 437 00:26:15,440 --> 00:26:16,800 Speaker 2: Oh, this blows my mind. 438 00:26:17,280 --> 00:26:20,200 Speaker 5: I need to send you some articles here because it's 439 00:26:20,200 --> 00:26:21,120 Speaker 5: definitely movement. 440 00:26:21,160 --> 00:26:22,240 Speaker 2: It's definitely movement. 441 00:26:23,240 --> 00:26:33,360 Speaker 3: Well, I'm sorry, I'm a little at loss for words. Yeah, 442 00:26:33,440 --> 00:26:35,159 Speaker 3: but walking in here, I didn't I didn't know what 443 00:26:35,200 --> 00:26:41,320 Speaker 3: to expect, and I was a little nervous. I do 444 00:26:41,359 --> 00:26:45,240 Speaker 3: feel even just now a little bit of weight taking 445 00:26:45,280 --> 00:26:46,200 Speaker 3: off my shoulders. 446 00:26:49,880 --> 00:26:54,000 Speaker 2: This helps, This helps so much, Oh, this helps so much. 447 00:27:00,560 --> 00:27:03,560 Speaker 1: After all these years, Sven is finally able to accept 448 00:27:03,560 --> 00:27:07,560 Speaker 1: Marylyn's forgiveness, even if he still isn't ready to forgive himself. 449 00:27:09,760 --> 00:27:12,840 Speaker 3: It choos me up today that I didn't express a 450 00:27:12,880 --> 00:27:18,000 Speaker 3: dissenting opinion. I should have spoken up at least. I mean, 451 00:27:18,119 --> 00:27:19,960 Speaker 3: I didn't think he would be a danger too with 452 00:27:20,040 --> 00:27:21,000 Speaker 3: the prison community. 453 00:27:22,280 --> 00:27:24,200 Speaker 2: I didn't see a hardened criminal there. 454 00:27:24,760 --> 00:27:28,480 Speaker 3: I got the impression of sort of a kid who 455 00:27:28,560 --> 00:27:31,560 Speaker 3: was in a situation he didn't know how to handle. 456 00:27:32,280 --> 00:27:36,159 Speaker 3: I saw someone who made a terrible mistake and someone 457 00:27:36,200 --> 00:27:37,879 Speaker 3: I did not believe would do it again. 458 00:27:38,880 --> 00:27:42,600 Speaker 1: As Benn speaks, Marylynd's eyes well up now. 459 00:27:42,720 --> 00:27:45,399 Speaker 5: I kept looking at the jurors and I was like, 460 00:27:45,440 --> 00:27:48,320 Speaker 5: you know, it has to be somebody owned there that 461 00:27:48,520 --> 00:27:51,240 Speaker 5: feels and dick and see through all of this, that 462 00:27:51,359 --> 00:27:54,199 Speaker 5: the prosecutor that's presenting in everything to know that my 463 00:27:54,280 --> 00:27:55,399 Speaker 5: son is not a monster. 464 00:27:55,720 --> 00:27:58,840 Speaker 6: No, no, never, I never saw Paul as a monster. 465 00:28:00,240 --> 00:28:03,080 Speaker 1: After the crime. Marilyn's family never saw her son the 466 00:28:03,080 --> 00:28:06,240 Speaker 1: same way again. From that moment on, he was nothing 467 00:28:06,240 --> 00:28:08,639 Speaker 1: more than a murderer, and on the final day of 468 00:28:08,640 --> 00:28:12,679 Speaker 1: the trial, twelve jurors confirmed that judgment. Her hope had 469 00:28:12,680 --> 00:28:15,960 Speaker 1: been that maybe someone had seen something else. It wasn't 470 00:28:15,960 --> 00:28:18,360 Speaker 1: a hope for someone to recognize in her son anything 471 00:28:18,400 --> 00:28:21,760 Speaker 1: special or good. She just wanted them to see him 472 00:28:21,760 --> 00:28:23,159 Speaker 1: as something other than a monster. 473 00:28:24,119 --> 00:28:26,840 Speaker 6: I thank you God, I appreciate that s the trial, 474 00:28:26,880 --> 00:28:27,960 Speaker 6: I never saw that once. 475 00:28:29,240 --> 00:28:31,880 Speaker 1: Paul's story is still on death row and Sven still 476 00:28:31,920 --> 00:28:35,160 Speaker 1: can't reverse the sentence. But in speaking aloud the words 477 00:28:35,160 --> 00:28:38,680 Speaker 1: that Marilyn's been repeating to herself for so long, Sven's 478 00:28:38,680 --> 00:28:40,720 Speaker 1: made her feel less alone. 479 00:28:41,080 --> 00:28:48,520 Speaker 5: You have some of the hurt that I have carried 480 00:28:48,560 --> 00:28:51,240 Speaker 5: on my heart for the last twelve years. You just 481 00:28:51,360 --> 00:28:51,840 Speaker 5: lived in it. 482 00:28:52,920 --> 00:28:55,000 Speaker 2: You have no earthly idea what. 483 00:28:54,840 --> 00:29:01,719 Speaker 5: That meant to me. It's meant a lot, and for 484 00:29:01,800 --> 00:29:08,920 Speaker 5: you to say that it is it, it's. 485 00:29:11,120 --> 00:29:12,480 Speaker 2: It really is my heart. 486 00:29:22,320 --> 00:29:24,720 Speaker 1: After years of worry over what to say to Marylyn, 487 00:29:25,360 --> 00:29:27,000 Speaker 1: Sven's finally found the right words. 488 00:29:27,360 --> 00:29:27,840 Speaker 2: I'm sorry. 489 00:29:27,840 --> 00:29:30,520 Speaker 6: I never wrote back, that's okay, I totally understood. 490 00:29:31,720 --> 00:29:32,280 Speaker 2: It's a lot. 491 00:29:37,880 --> 00:29:40,800 Speaker 1: Since then and Maryland's meeting, a judge made an official 492 00:29:40,840 --> 00:29:45,040 Speaker 1: recommendation that, based on Glenn and Judith Cherry's testimony, Paul's 493 00:29:45,040 --> 00:29:48,080 Speaker 1: story sentence be changed to life in prison without parole, 494 00:29:49,000 --> 00:29:51,160 Speaker 1: though the Court of Criminal Appeals still has to make 495 00:29:51,160 --> 00:29:55,480 Speaker 1: a final ruling. Stories lawyers are hopeful, and so is Marilyn. 496 00:29:56,520 --> 00:30:00,520 Speaker 1: As for Sven, After finally responding to Marylyn decided to 497 00:30:00,520 --> 00:30:04,240 Speaker 1: send a letter of apology to Paul's story. I couldn't 498 00:30:04,240 --> 00:30:06,120 Speaker 1: find the strength to speak up in the jury room, 499 00:30:06,160 --> 00:30:08,959 Speaker 1: he wrote, and that is a mistake I will carry forever. 500 00:30:11,720 --> 00:30:13,360 Speaker 1: Sven has yet to hear anything back. 501 00:30:49,920 --> 00:30:59,440 Speaker 4: Now that the Fernitures returning to its goodwill home, now 502 00:30:59,480 --> 00:31:04,320 Speaker 4: that the last month's rand is scheming with the damage 503 00:31:04,400 --> 00:31:05,920 Speaker 4: to take. 504 00:31:05,800 --> 00:31:11,560 Speaker 2: This moment to save if we imagine, if. 505 00:31:11,440 --> 00:31:16,200 Speaker 4: We too felt far. 506 00:31:19,000 --> 00:31:20,600 Speaker 2: From things accident. 507 00:31:26,000 --> 00:31:29,120 Speaker 1: Heavyweight is hosted and produced by me Jonathan Goldstein, along 508 00:31:29,120 --> 00:31:32,280 Speaker 1: with Stevie Lane, Peter Bresnan, and Khalila Holt. The show 509 00:31:32,320 --> 00:31:35,760 Speaker 1: is edited by Jorge Just, with additional editing by Alex Bloomberg. 510 00:31:36,040 --> 00:31:39,600 Speaker 1: Special thanks to Emily Condon, Emmanuel Barry, Caitlin Kenny, John, 511 00:31:39,640 --> 00:31:43,960 Speaker 1: Michael Tuttlegates, Amanda Marzulo, Mike Ware, Emily Follis, Brian Reed, 512 00:31:44,040 --> 00:31:47,560 Speaker 1: Sean Cole, Diane Wu, Christopher Swetala, Ira Glass and the 513 00:31:47,560 --> 00:31:52,040 Speaker 1: rest of our friends at This American Life and Jackie Cohen. 514 00:31:52,960 --> 00:31:55,320 Speaker 1: A very special thanks to Maurice Shamas. If you want 515 00:31:55,320 --> 00:31:57,760 Speaker 1: to read the original article that Maurice reported with Spen, 516 00:31:58,080 --> 00:32:00,840 Speaker 1: we're including a link to it on our website. Bobby 517 00:32:00,880 --> 00:32:04,000 Speaker 1: Lord mixed the episode with music by Christine Fellows, John K. Sampson, 518 00:32:04,080 --> 00:32:07,680 Speaker 1: Michael Hurst, Blue Dot Sessions, and Bobby Lord. Additional music 519 00:32:07,680 --> 00:32:10,440 Speaker 1: credits can be found on our website, Gimbletmedia dot com 520 00:32:10,480 --> 00:32:13,280 Speaker 1: slash Heavyweight. Our theme song is by The Weaker Thans 521 00:32:13,280 --> 00:32:15,800 Speaker 1: courtesy of Epitaph Records, and our ad music is by 522 00:32:15,800 --> 00:32:19,120 Speaker 1: Hailey Shaw. Follow us on Twitter at Heavyweight or email 523 00:32:19,200 --> 00:32:22,040 Speaker 1: us at Heavyweight at gimletmedia dot com. We'll have a 524 00:32:22,080 --> 00:32:26,320 Speaker 1: special episode next week, special because it was recorded in 525 00:32:26,400 --> 00:32:37,000 Speaker 1: front of a live studio audience. We'll see you then,