WEBVTT - #565 Maggie Freleng with Jane Dorotik

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<v Speaker 1>Jane and Bob Dortik raised three kids and eventually settled

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<v Speaker 1>outside San Diego. But old issues often resurface when the

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<v Speaker 1>kids leave the nest.

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<v Speaker 2>You know, the kids were seemingly gone quickly, almost all

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<v Speaker 2>at once, and it was just Bob and I. It

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<v Speaker 2>was just difficult, and we did talk about divorcing. In fact,

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<v Speaker 2>we actually filed and then decided, after living apart for

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<v Speaker 2>a short period of time, that we wanted to go

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<v Speaker 2>to therapy and we wanted to work this out. We

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<v Speaker 2>were together for thirty years. We truly loved each other

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<v Speaker 2>and wanted to kind of honor this new phase in

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<v Speaker 2>our lives.

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<v Speaker 1>They managed to bounce back and reinvent themselves. Bob even

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<v Speaker 1>took up running in marathons, occasionally inviting his daughter Claire along.

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<v Speaker 3>To me, that was like, what incredible modeling for a parent.

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<v Speaker 3>You know, like this is a hill, like any hill

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<v Speaker 3>you might face in life, and you can make it

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<v Speaker 3>to the top.

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<v Speaker 1>Both Jane and Bob continued to model that can do

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<v Speaker 1>spirit Through Valentine's Weekend two thousand.

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<v Speaker 2>We had a stay at home, give each other gifts,

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<v Speaker 2>make a little cake and a fancy meal Saturday night.

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<v Speaker 2>The next day Bob went out for a run and

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<v Speaker 2>never return. And I'm the one that invited the detectives

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<v Speaker 2>into the house. So we don't need a search warrant.

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<v Speaker 2>We're welcome in here and look at everything. Help us

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<v Speaker 2>find these answers.

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<v Speaker 1>And it appears that a witness came forward with a

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<v Speaker 1>lead that pointed at two unknown men. But it seems

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<v Speaker 1>the police went in a different direction.

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<v Speaker 3>They always look at the family first. Why are we

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<v Speaker 3>going to work hard? We can find it all right here.

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<v Speaker 3>There's DNA, there's hair, there's footprints. In fact, we can

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<v Speaker 3>construct a whole crime scene. And we can tell you

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<v Speaker 3>in the the courtroom that those curtains were totally full

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<v Speaker 3>of blood. Guess what, there were no curtains in the bedroom.

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<v Speaker 2>My name is Jane dorotic I am seventy nine years old.

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<v Speaker 2>Now I spent twenty years in prison for a crime

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<v Speaker 2>I didn't commit.

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<v Speaker 1>From LoVa for good. This is wrongful conviction with Maggie

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<v Speaker 1>Freeling today. Jane doritic.

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<v Speaker 2>I was born in Canada. My parents were both Canadian.

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<v Speaker 2>We moved to California when I was four, Then we

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<v Speaker 2>moved to England for a couple of years, and then

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<v Speaker 2>we moved back to California. I have four siblings, all alive,

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<v Speaker 2>and both my parents are dead.

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<v Speaker 4>What did your parents do that They wound up in

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<v Speaker 4>England and then just did so much traveling.

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<v Speaker 2>My mom was a stay at home mother and wife.

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<v Speaker 2>My dad was a contractor consultant for some major companies.

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<v Speaker 2>I can't even tell you what sort of contracting he did,

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<v Speaker 2>but it was supposed to be a one year term

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<v Speaker 2>in England and it lasted for three years. And as

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<v Speaker 2>a young girl, that's where my love of horses began.

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<v Speaker 2>In England.

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<v Speaker 5>Why horses, I.

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<v Speaker 2>Just was very attracted to them and took riding lessons,

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<v Speaker 2>learned a little bit about jumping and that sort of thing,

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<v Speaker 2>and it just was something that I dearly loved.

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<v Speaker 5>Would you call yourself a horse girl?

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<v Speaker 2>Kind of? I suppose.

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<v Speaker 1>After returning to California and finishing her schooling, Jane worked

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<v Speaker 1>as a registered nurse at UCLA Medical Center, which is

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<v Speaker 1>when she met her husband, Bob.

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<v Speaker 2>At the time, I was working as an RN at UCLA,

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<v Speaker 2>he was working as an engineer at Lockheed and I

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<v Speaker 2>was living on the beach and he happened to rent

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<v Speaker 2>an apartment right above mine, So that's how we met.

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<v Speaker 2>He was a very kind, loving person, and he had aspirations.

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<v Speaker 2>You know, he was very interested in the environment and

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<v Speaker 2>what's happening and how can we make it better?

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<v Speaker 5>Were you guys kind of like hippies.

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<v Speaker 2>A little bit?

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<v Speaker 5>A little bit?

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<v Speaker 2>Yeah.

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<v Speaker 1>They eventually settled on a horse farm in Tucson, Arizona,

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<v Speaker 1>where they had three children, two boys, Alex and Nick,

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<v Speaker 1>and in the middle was Claire.

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<v Speaker 3>My siblings are Alex and was Nick. Nick is no

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<v Speaker 3>longer with us. Alex is let's see, eleven months older

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<v Speaker 3>than I am, and Nick is eight or Nick was

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<v Speaker 3>nineteen months eighteen months younger. I was blessed with two

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<v Speaker 3>wonderful parents. They were wonderful role models. My dad was

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<v Speaker 3>the one who was like, if you want something, go

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<v Speaker 3>after it, go get it. I'll support you. My mom

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<v Speaker 3>was always really supportive of my riding and wanted to

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<v Speaker 3>help me go in whatever direction I wanted to go

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<v Speaker 3>with the horses.

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<v Speaker 2>I think it's particularly helpful for little girl girls to

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<v Speaker 2>get experience around horses. In this society, especially seventy years ago,

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<v Speaker 2>women were pretty much dismissed, and I think for a

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<v Speaker 2>young girl to realize you have the power, you have

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<v Speaker 2>the ability to control such a large animal, and the

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<v Speaker 2>key to controlling them is not through brute force or

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<v Speaker 2>anything like that. It's through gaining trust and developing a relationship.

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<v Speaker 2>And I think that's something that's very important to learn,

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<v Speaker 2>and Claire totally took to it. I remember at one

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<v Speaker 2>point I had bought her a pony and I saw

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<v Speaker 2>Claire come galloping up the driveway bareback on her pony,

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<v Speaker 2>but she was standing on the pony's back. Oh my gosh,

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<v Speaker 2>that's what I said, Oh my gosh, I think we

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<v Speaker 2>should invest in some serious lessons for this little guy.

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<v Speaker 2>She's obviously talented and has no fears.

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<v Speaker 5>Wow.

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<v Speaker 3>People say sometimes they get afraid on horses, and I

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<v Speaker 3>don't remember ever being afraid of you should have been.

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<v Speaker 3>And then as I got better, I have many experiences

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<v Speaker 3>of being at a horse show and somebody would come

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<v Speaker 3>up to me, and the judge or something'd be like, Okay,

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<v Speaker 3>you need to go ride with this person. You have

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<v Speaker 3>some talent. And so then I started writing for other

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<v Speaker 3>people and it just blossomed into this thing that I

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<v Speaker 3>was doing. And then my mom and I realized we

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<v Speaker 3>could take some money buying horses off the racetrack and

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<v Speaker 3>then selling them as jumpers, and that's actually how I

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<v Speaker 3>paid for college.

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<v Speaker 1>While raising and selling horses worked out well. Jane had

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<v Speaker 1>also gone back to work as a registered nurse in

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<v Speaker 1>the mental health space, and eventually all of the kids

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<v Speaker 1>went off to college, which was a major change for

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<v Speaker 1>her and Bob.

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<v Speaker 2>We had some difficulties, yes, and I think in retrospect,

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<v Speaker 2>part of it was being an empty nester, and at

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<v Speaker 2>some point my mother was not doing well and came

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<v Speaker 2>to live with us, and Bob was very invested in

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<v Speaker 2>having that happen, but it didn't work out as well,

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<v Speaker 2>and that was a bit of a stressor, I think,

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<v Speaker 2>and also at the time I was travel a lot

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<v Speaker 2>with my work. It was just difficult, and we did

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<v Speaker 2>talk about divorcing. In fact, we actually filed and then decided,

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<v Speaker 2>after living apart for a short period of time, decided

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<v Speaker 2>that we wanted to go to therapy and we wanted

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<v Speaker 2>to work this out.

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<v Speaker 3>I had been living with my mom during a time

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<v Speaker 3>when they had separated. She had originally moved down to

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<v Speaker 3>San Diego, and then they got some therapy and we're

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<v Speaker 3>doing great.

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<v Speaker 1>Tell me about their relationship because that played a big

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<v Speaker 1>part in the prosecution trying to convict your mom.

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<v Speaker 3>Oh yeah, they fought all the time, and yeah, oh yeah,

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<v Speaker 3>my mom really wanted to kill my dad. I got

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<v Speaker 3>a bunch of bullshit. I'm a marriage therapist, for God's sake.

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<v Speaker 3>Everybody fights if they don't fight. Actually, as a therapist,

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<v Speaker 3>you get a little worried because something's going on here.

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<v Speaker 2>We saw a good therapist. We decided we really wanted

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<v Speaker 2>to be together and wanted to kind of honor this

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<v Speaker 2>new phase in our lives and be more accepting of

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<v Speaker 2>this is our new phase, and there are many opportunities

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<v Speaker 2>with it.

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<v Speaker 5>When he died, what were you in a good place

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<v Speaker 5>in your relationship?

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<v Speaker 2>We were in a very good place in our relationship.

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<v Speaker 2>Number One, we had more discretionary money than we'd ever

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<v Speaker 2>had in our lives. The kids were on their own,

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<v Speaker 2>they were doing well. I was still very invested in horses.

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<v Speaker 2>When we moved down to San Diego. He had started

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<v Speaker 2>his own business building horse jumps made out of PVC.

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<v Speaker 2>Horse jumps are always heavy to move around, and most

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<v Speaker 2>horse people are always moving them around to change the course.

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<v Speaker 2>PVC they're much lighter. They didn't need repainting, they didn't

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<v Speaker 2>deteriorate so this was an innovative thing. We were very

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<v Speaker 2>happy in our life. At that point. Bob was running

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<v Speaker 2>a lot. He had made a decision that he wanted

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<v Speaker 2>to run a marathon, so he was preparing for it.

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<v Speaker 3>Yeah. Actually, my dad had always talked about running a

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<v Speaker 3>marathon at some point, and in high school I ranchack

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<v Speaker 3>and field, and then a couple of years later I

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<v Speaker 3>got into longer distance running, and my dad and a

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<v Speaker 3>friend of mine and Alex and his girlfriend at the time,

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<v Speaker 3>we all ran a half marathon together. And then I

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<v Speaker 3>picked up a brochure for a marathon in two weeks,

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<v Speaker 3>and I said to my dad, let's go do this,

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<v Speaker 3>and like, you're probably supposed to train a little bit

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<v Speaker 3>more than two weeks for a marathon, but we were

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<v Speaker 3>like had momentum, so I was like, Okay, we better

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<v Speaker 3>go do it. And we ran that marathon together, and

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<v Speaker 3>that was his first and his only marathon, and I

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<v Speaker 3>remember him being so excited and my mom telling me

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<v Speaker 3>that after he came home, he must have called like

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<v Speaker 3>everybody in the universe to tell him that he had

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<v Speaker 3>just run this parathon. Had he lived longer, I'm sure

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<v Speaker 3>we would have run more marathons together.

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<v Speaker 1>Which brings us to the weekend of Bob's death. February

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<v Speaker 1>twelfth and thirteenth. The couple, now in the early fifties,

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<v Speaker 1>had enjoyed a nice Valentine's Day meal at the home

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<v Speaker 1>they rented, about an hour's drive northeast of San Diego

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<v Speaker 1>in the rural area around Lake Wolfe, California. But the

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<v Speaker 1>following evening, around seven forty five pm, Jane called the police,

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<v Speaker 1>saying that Bob had gone for a run. Around one

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<v Speaker 1>pm that day, well, she attended to the horses in

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<v Speaker 1>their barn, but when she finished up around four pm,

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<v Speaker 1>Bob still had not returned.

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<v Speaker 2>Before I called them, I had jumped in the truck

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<v Speaker 2>and gone looking because I thought, I know he had

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<v Speaker 2>a habit sometimes of running down the major hill, turn around,

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<v Speaker 2>and run right back up. It was a narrow road

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<v Speaker 2>with a steep fall off on one side, and sometimes

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<v Speaker 2>people drove crazy. So one of the things that was

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<v Speaker 2>in my mind is maybe he halfway leaped off the

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<v Speaker 2>road to avoid a crazy vehicle and fell and sprained

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<v Speaker 2>his ankle or something like that or worse. So as

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<v Speaker 2>the night went on and darkness came and he still

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<v Speaker 2>wasn't back, those feelings that I had just continued to grow,

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<v Speaker 2>thinking something is really wrong here, and I called the

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<v Speaker 2>Sheriff's department, got directed to Search and rescue, had them

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<v Speaker 2>come out.

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<v Speaker 1>Jane welcomed the team into her home without a warrant,

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<v Speaker 1>and they took some of Bob's personal items for the

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<v Speaker 1>search dogs to get his scent.

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<v Speaker 2>First, they found his jogging suit jacket along the roadside

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<v Speaker 2>and they brought it to me probably around two o'clock

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<v Speaker 2>in the morning. From then I just felt heartsick. And

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<v Speaker 2>then when they came and told me at four forty

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<v Speaker 2>five in the morning that they'd found his body, there

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<v Speaker 2>just was this sense of disbelief.

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<v Speaker 1>Bob's body was found about a half mile into the

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<v Speaker 1>wooded area off one of his usual training trails, north

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<v Speaker 1>Lake Wolford Rode. His skull had been fractured in several places,

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<v Speaker 1>and what was determined to be black paint had been

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<v Speaker 1>deposited on his skull. He also had been strangled. The

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<v Speaker 1>rope was still wrapped around his neck. There were also

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<v Speaker 1>some tire tracks near his body, and while investigators collected

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<v Speaker 1>evidence at the scene, a witness named Lisa Marie Singh

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<v Speaker 1>drove up and spoke with officers and news reporters. She

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<v Speaker 1>was shown a picture of Bob and swore that she

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<v Speaker 1>saw him in a pickup truck near that spot with

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<v Speaker 1>two other men the previous afternoon. Meanwhile, investigators sought out

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<v Speaker 1>leads in the Dora Tick home.

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<v Speaker 3>Those investigators were in the house for three days and

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<v Speaker 3>Alex and Nick and I were all like, what, go

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<v Speaker 3>try to find what happened, Go figure out what like

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<v Speaker 3>who killed dad? Why are you still in the house,

0:12:50.080 --> 0:12:52.600
<v Speaker 3>And we were feeling funny about it. And then there

0:12:52.640 --> 0:12:55.679
<v Speaker 3>was a family, the Crow family, that came to visit

0:12:55.760 --> 0:12:58.480
<v Speaker 3>us that we didn't even know. We just they contacted

0:12:58.480 --> 0:12:59.800
<v Speaker 3>my mom and they're like, we got to come meet

0:12:59.840 --> 0:13:02.200
<v Speaker 3>with They sat us all down in the living room

0:13:02.360 --> 0:13:04.200
<v Speaker 3>and they said, you guys are in trouble. You get

0:13:04.280 --> 0:13:06.960
<v Speaker 3>to watch your back. And we're like, what what are

0:13:07.040 --> 0:13:11.679
<v Speaker 3>you talking about? And they're like, they're probably searching you out, essentially,

0:13:12.679 --> 0:13:17.160
<v Speaker 3>and the Crow family, their daughter had been murdered. And

0:13:17.200 --> 0:13:21.040
<v Speaker 3>then those investigators took their then thirteen year old son

0:13:21.760 --> 0:13:25.559
<v Speaker 3>and interrogated him for thirty six hours until he confessed.

0:13:25.640 --> 0:13:29.800
<v Speaker 3>And they're like they always look at the family first,

0:13:30.480 --> 0:13:33.439
<v Speaker 3>watch out. And as I say that to you. Now,

0:13:33.520 --> 0:13:35.400
<v Speaker 3>if I said that to you after one of your

0:13:35.440 --> 0:13:37.319
<v Speaker 3>loved ones had been killed, you probably would have been like,

0:13:37.360 --> 0:13:40.600
<v Speaker 3>you're crazy, They're going to help me. No, they're not

0:13:40.640 --> 0:13:42.720
<v Speaker 3>going to help you. Are you kidding me? But we

0:13:42.720 --> 0:13:43.920
<v Speaker 3>were too stupid to note.

0:13:44.200 --> 0:13:48.360
<v Speaker 1>On February sixteenth, criminalist Caroline Gannett said that she felt

0:13:48.400 --> 0:13:50.840
<v Speaker 1>a wet spot in the carpet in the master bedroom,

0:13:50.920 --> 0:13:53.560
<v Speaker 1>as well as seeing a red stain, so they got

0:13:53.600 --> 0:13:57.320
<v Speaker 1>a search warrant. Then Charles Merritt, an expert in blood

0:13:57.320 --> 0:14:01.400
<v Speaker 1>stain pattern analysis, a now well known junk science, sprayed

0:14:01.480 --> 0:14:04.800
<v Speaker 1>the bedroom with fluoresceine, a chemical that reacts under blue

0:14:04.840 --> 0:14:12.080
<v Speaker 1>light with various substances including bleach, cleaning products, oxidizers, iron, copper, rust, soil, urine,

0:14:12.240 --> 0:14:16.680
<v Speaker 1>and other biological materials like semen and blood. In the home,

0:14:17.000 --> 0:14:21.360
<v Speaker 1>stains fluoresced on the ceiling, a lampshade, a nightstand, the headboard,

0:14:21.400 --> 0:14:24.120
<v Speaker 1>a pillow shamp, the comforter, the underside of the mattress

0:14:24.240 --> 0:14:26.680
<v Speaker 1>under a wet area on the carpet, on the ceiling

0:14:26.800 --> 0:14:29.480
<v Speaker 1>of a storage room under the master bed, as well

0:14:29.520 --> 0:14:32.040
<v Speaker 1>as a wall at the bottom of the stairs, and

0:14:32.240 --> 0:14:34.600
<v Speaker 1>they swabbed what they could to confirm whether or not

0:14:34.680 --> 0:14:37.400
<v Speaker 1>the stains were made in blood. They also found a

0:14:37.480 --> 0:14:41.160
<v Speaker 1>syringe in a waste basket that later tested positive for

0:14:41.320 --> 0:14:45.360
<v Speaker 1>animal tranquilizer. The syringe also had a stain, along with

0:14:45.520 --> 0:14:49.800
<v Speaker 1>Jane's fingerprint, all of which Jane tried to explain. Both

0:14:49.840 --> 0:14:52.800
<v Speaker 1>family dogs had recently been treated by a vet, one

0:14:52.840 --> 0:14:55.560
<v Speaker 1>for an abscess and the other a torn dew claw,

0:14:55.840 --> 0:14:57.640
<v Speaker 1>and then Bob had a nosebleed.

0:14:58.040 --> 0:15:00.600
<v Speaker 2>Initially, they said would I take a light at test

0:15:01.040 --> 0:15:03.680
<v Speaker 2>when we were still in the house, and I said yes,

0:15:03.720 --> 0:15:06.720
<v Speaker 2>of course, And when I got in the detective's car,

0:15:06.840 --> 0:15:09.880
<v Speaker 2>they had someone pat me down, and I remember sitting

0:15:09.880 --> 0:15:13.080
<v Speaker 2>in the car saying to the detective, do I need

0:15:13.120 --> 0:15:16.480
<v Speaker 2>an attorney here? And the detective, of course said I

0:15:16.520 --> 0:15:21.400
<v Speaker 2>can't advise you on that, and I immediately said I

0:15:21.440 --> 0:15:26.280
<v Speaker 2>need an attorney. After they arrested me, I switched from

0:15:26.760 --> 0:15:30.720
<v Speaker 2>processing Bob's death to survival mode for myself.

0:15:32.000 --> 0:15:35.080
<v Speaker 1>Their theory was that Bob had not gone jogging at all,

0:15:35.440 --> 0:15:38.440
<v Speaker 1>and that as early as Saturday night, Jane had bludgeoned

0:15:38.440 --> 0:15:41.360
<v Speaker 1>Bob with a fire poker. We supposed to account for

0:15:41.400 --> 0:15:44.520
<v Speaker 1>the black paint, and then they believed she strangled him,

0:15:44.760 --> 0:15:47.360
<v Speaker 1>after which she dressed him in his running gear, dragged

0:15:47.400 --> 0:15:49.520
<v Speaker 1>him out to the Ford F two fifty pick a truck,

0:15:49.600 --> 0:15:52.920
<v Speaker 1>and drove a half a mile into the woods off

0:15:53.160 --> 0:15:56.760
<v Speaker 1>North Lake Wolford Road to where his body was discovered.

0:15:57.120 --> 0:15:59.960
<v Speaker 3>First of all, physically, my mom has a broken hid.

0:16:00.360 --> 0:16:03.440
<v Speaker 3>She was probably like, I don't know, fifty sixty pounds overweight,

0:16:03.560 --> 0:16:06.960
<v Speaker 3>not active at all. I don't know what my dad weigh.

0:16:07.040 --> 0:16:08.880
<v Speaker 3>Let's say he weigh one hundred and seventy pounds. No

0:16:08.920 --> 0:16:11.120
<v Speaker 3>way she can be able to drag him down a

0:16:11.200 --> 0:16:13.280
<v Speaker 3>set of stairs and into the back of a truck.

0:16:13.360 --> 0:16:17.480
<v Speaker 3>I mean, that's just not happening. Also, my mom has

0:16:17.560 --> 0:16:22.120
<v Speaker 3>never demonstrated any anger or any desire whatsoever to hurt

0:16:22.480 --> 0:16:27.000
<v Speaker 3>humans or animals. It's not in her nature. But Alex

0:16:27.240 --> 0:16:30.480
<v Speaker 3>nick Dan thought it was in massive denial with my mom.

0:16:31.200 --> 0:16:34.960
<v Speaker 1>In a case with only circumstantial evidence, the preponderance of

0:16:35.000 --> 0:16:39.120
<v Speaker 1>items without explanation can appear to paint a picture of guilt,

0:16:39.400 --> 0:16:42.280
<v Speaker 1>like the tire tracks near the body being consistent with

0:16:42.320 --> 0:16:45.720
<v Speaker 1>a Ford F two fifty, the syringe in the wastebasket

0:16:45.840 --> 0:16:49.520
<v Speaker 1>with a potential blood stain, and Jane's fingerprint and all

0:16:49.600 --> 0:16:51.680
<v Speaker 1>of these stains in the bedroom that might have been

0:16:51.720 --> 0:16:55.240
<v Speaker 1>Bob's blood. However, the state was not able to match

0:16:55.280 --> 0:16:58.960
<v Speaker 1>the tire tracks to the specific characteristics of Jane's tires.

0:16:59.120 --> 0:17:02.120
<v Speaker 1>There were no traces of animal tranquilizer in Bob's body.

0:17:02.360 --> 0:17:06.720
<v Speaker 1>And then the biological testing wasn't going as the investigators

0:17:06.800 --> 0:17:07.480
<v Speaker 1>thought it would.

0:17:07.760 --> 0:17:10.920
<v Speaker 2>They told my sons that the bedroom was a crime scene,

0:17:11.200 --> 0:17:14.440
<v Speaker 2>that the fire poker was the murder weapon. Even though

0:17:14.480 --> 0:17:17.520
<v Speaker 2>the fire poker they sent out for testing three different

0:17:17.560 --> 0:17:19.920
<v Speaker 2>times to try and find some blood or DNA or

0:17:19.960 --> 0:17:23.400
<v Speaker 2>something on it, never found it, and they had opportunity

0:17:23.480 --> 0:17:27.280
<v Speaker 2>to correct that assumption. And then in my trial they

0:17:27.280 --> 0:17:30.560
<v Speaker 2>said it was a hammer, but they never found a hammer.

0:17:30.960 --> 0:17:34.679
<v Speaker 1>Additionally, the prosecution had represented to Alex and Nick and

0:17:34.880 --> 0:17:37.560
<v Speaker 1>later the jury that all of the stains had been

0:17:37.560 --> 0:17:40.639
<v Speaker 1>tested for DNA and all of it was Bob's blood,

0:17:40.840 --> 0:17:45.840
<v Speaker 1>but that wasn't true and it wasn't discovered for years. Sadly,

0:17:46.080 --> 0:17:49.160
<v Speaker 1>their trust in law enforcement broke their faith in their

0:17:49.160 --> 0:17:52.760
<v Speaker 1>own mother. So Claire was the only one visiting Jane

0:17:52.840 --> 0:17:56.159
<v Speaker 1>in pre trial detention where they'd discuss the strategy of

0:17:56.200 --> 0:17:57.000
<v Speaker 1>defense counsel.

0:17:57.400 --> 0:18:00.679
<v Speaker 2>Claire came regularly to visit and she said, a, Mom,

0:18:00.840 --> 0:18:03.760
<v Speaker 2>they want you to go along with this plan. They're

0:18:03.800 --> 0:18:06.000
<v Speaker 2>going to come and tell you about it, and please.

0:18:06.600 --> 0:18:09.040
<v Speaker 2>They say, if you go along with this plan, you

0:18:09.119 --> 0:18:12.560
<v Speaker 2>will not be convicted. I remember at the time having

0:18:12.600 --> 0:18:14.600
<v Speaker 2>a bit of a funny feeling about it, but I

0:18:14.720 --> 0:18:18.240
<v Speaker 2>was horrified to learn how they had presented the plan

0:18:18.320 --> 0:18:21.040
<v Speaker 2>to her. In other words, how much do you love

0:18:21.080 --> 0:18:21.520
<v Speaker 2>your mom?

0:18:22.119 --> 0:18:24.679
<v Speaker 1>The plan was to point to Claire and their farm

0:18:24.720 --> 0:18:28.800
<v Speaker 1>hand Lionel Morales, as a team of alternate suspects. Lionel

0:18:28.880 --> 0:18:31.439
<v Speaker 1>Chevy S ten pickup was already being compared to the

0:18:31.480 --> 0:18:33.760
<v Speaker 1>tire marks at the dump site, and at a pre

0:18:33.800 --> 0:18:37.640
<v Speaker 1>trial hearing, both asserted their Fifth Amendment right to silence,

0:18:37.800 --> 0:18:41.480
<v Speaker 1>which gave the appearance of guilt and potentially just enough

0:18:41.640 --> 0:18:46.440
<v Speaker 1>reasonable doubt to overcome the circumstantial evidence. However, the judge

0:18:46.480 --> 0:18:50.280
<v Speaker 1>would not allow them to testify at the actual trial.

0:18:50.640 --> 0:18:54.160
<v Speaker 1>But the damage to Claire's relationship with Alex and Nick

0:18:54.480 --> 0:18:55.959
<v Speaker 1>may never be undone.

0:18:56.280 --> 0:18:59.720
<v Speaker 3>So the private investigator says to me, it's our job

0:18:59.760 --> 0:19:01.919
<v Speaker 3>to get your mom off, but if we fuck up

0:19:01.920 --> 0:19:04.600
<v Speaker 3>your family in the process, that's your job to fix.

0:19:05.280 --> 0:19:07.639
<v Speaker 2>I wish I had stuck with my original plan of

0:19:07.720 --> 0:19:10.560
<v Speaker 2>just dumping him and getting a new attorney, But at

0:19:10.600 --> 0:19:13.520
<v Speaker 2>that point I had already spent over six figures on

0:19:13.760 --> 0:19:15.159
<v Speaker 2>him representing me.

0:19:15.400 --> 0:19:17.879
<v Speaker 5>You had felt though, that he wasn't doing a good job.

0:19:18.400 --> 0:19:22.080
<v Speaker 2>Yeah, I felt like he wasn't investigating enough. There were

0:19:22.119 --> 0:19:24.879
<v Speaker 2>other leads, and it was disconcerting to me that the

0:19:24.960 --> 0:19:28.240
<v Speaker 2>investigator would say, who's this person? And I felt like,

0:19:28.600 --> 0:19:31.440
<v Speaker 2>that's your job to know. I don't even recognize that name.

0:19:31.560 --> 0:19:33.760
<v Speaker 2>It was a witness who had called in saying he

0:19:33.800 --> 0:19:35.200
<v Speaker 2>had seen Bob out jogging.

0:19:35.480 --> 0:19:38.080
<v Speaker 1>It was important that the defense build a new alternate

0:19:38.119 --> 0:19:40.920
<v Speaker 1>suspect theory, as they did with Lisa Marie Singh, since

0:19:40.920 --> 0:19:44.719
<v Speaker 1>their plan with Claire pleading the fifth hadn't panned out. Plus,

0:19:44.800 --> 0:19:48.280
<v Speaker 1>the state's tire mark expert claimed that Lionel Morales's Chevy

0:19:48.359 --> 0:19:51.159
<v Speaker 1>S ten could not have made all four tire tracks

0:19:51.280 --> 0:19:54.320
<v Speaker 1>in the woods. Continuing on that, he claimed that the

0:19:54.359 --> 0:19:57.840
<v Speaker 1>tire marks were consistent with a Ford F two fifties tires,

0:19:58.040 --> 0:20:00.160
<v Speaker 1>but was not able to go as far as saying

0:20:00.280 --> 0:20:04.080
<v Speaker 1>that they matched the specific details of Jane's tires and

0:20:04.119 --> 0:20:08.760
<v Speaker 1>the circumstantial evidence continued including the couple's marital troubles, their

0:20:08.800 --> 0:20:11.600
<v Speaker 1>life insurance policies, that the ropes in their house were

0:20:11.640 --> 0:20:14.439
<v Speaker 1>consistent with the rope found around Bob's neck, and that

0:20:14.520 --> 0:20:17.359
<v Speaker 1>there were multiple stains in their bedroom and home that

0:20:17.400 --> 0:20:20.439
<v Speaker 1>the state claimed were blood, much of which came in

0:20:20.480 --> 0:20:22.920
<v Speaker 1>through a stipulation agreed to by the defense.

0:20:23.240 --> 0:20:26.840
<v Speaker 2>A stipulation means you agree to what the prosecution to what.

0:20:26.880 --> 0:20:30.560
<v Speaker 2>The DA's office is already contending that the bedroom was

0:20:30.600 --> 0:20:34.600
<v Speaker 2>a crime scene, and I said, just not possible. I

0:20:34.720 --> 0:20:37.080
<v Speaker 2>know you found some blood in the bedroom, but I'm

0:20:37.080 --> 0:20:39.160
<v Speaker 2>the one that told you Bob had a nose bleed

0:20:39.240 --> 0:20:39.640
<v Speaker 2>in there.

0:20:39.920 --> 0:20:42.880
<v Speaker 1>Additionally, both of her dogs were recently treated by a vet,

0:20:43.240 --> 0:20:45.600
<v Speaker 1>one for an abscess and the other for a torn

0:20:45.680 --> 0:20:48.480
<v Speaker 1>dew claw, all of which can explain the presence of

0:20:48.520 --> 0:20:51.080
<v Speaker 1>that syringe and some of the stains that appeared to

0:20:51.160 --> 0:20:54.200
<v Speaker 1>be pooled blood lake on the underside of the mattress

0:20:54.400 --> 0:20:58.119
<v Speaker 1>or the carpet. The stipulation also stated that Bob's DNA

0:20:58.280 --> 0:21:00.200
<v Speaker 1>was found on the carpet, on a wall at the

0:21:00.200 --> 0:21:02.600
<v Speaker 1>bottom of the stairs leading up to the door, in

0:21:02.640 --> 0:21:06.120
<v Speaker 1>a storage area under the bedroom, and on a bottle

0:21:06.160 --> 0:21:08.840
<v Speaker 1>of cleaning fluid, to which I think it needs to

0:21:08.880 --> 0:21:13.280
<v Speaker 1>be said, why wouldn't Bob's DNA be in his own

0:21:13.520 --> 0:21:18.440
<v Speaker 1>home on these things? But I digress. Then the blood

0:21:18.440 --> 0:21:23.320
<v Speaker 1>stain pattern. Analyst Charles Merritt testified about impact spatter, which

0:21:23.400 --> 0:21:26.320
<v Speaker 1>just means that the blood was flung rather than dripped.

0:21:26.600 --> 0:21:30.400
<v Speaker 1>Yet Merritt used these stains to confidently tell the jury

0:21:30.440 --> 0:21:35.040
<v Speaker 1>what he imagined happened, not what he could scientifically prove,

0:21:35.359 --> 0:21:38.400
<v Speaker 1>including how many times Bob was struck in the bedroom

0:21:38.520 --> 0:21:42.440
<v Speaker 1>with what they said at trial was an unidentified hammer.

0:21:43.040 --> 0:21:46.920
<v Speaker 2>So here's this criminalist saying, there's all of these spots

0:21:46.960 --> 0:21:49.800
<v Speaker 2>of blood in the master bedroom. You know, I don't

0:21:49.840 --> 0:21:52.800
<v Speaker 2>blame the jury originally for convicting me, because they were

0:21:52.840 --> 0:21:57.119
<v Speaker 2>told by the prosecution that everything was absolutely tested and

0:21:57.160 --> 0:22:02.320
<v Speaker 2>it all came back to be Bob's blood and Bob's DNA. Well,

0:22:02.480 --> 0:22:05.520
<v Speaker 2>that was entirely false. Less than half of it was

0:22:05.560 --> 0:22:08.560
<v Speaker 2>actually even tested. And what wasn't you know, was it

0:22:08.600 --> 0:22:10.320
<v Speaker 2>turned out to not be blood at all. It was

0:22:10.359 --> 0:22:13.119
<v Speaker 2>coffee stains or something like that, and most of it

0:22:13.160 --> 0:22:15.119
<v Speaker 2>wasn't even visible to the naked eye.

0:22:15.320 --> 0:22:17.639
<v Speaker 1>Yet it would stand to reason that a hammer attack

0:22:17.880 --> 0:22:20.680
<v Speaker 1>might leave a bit more of a mess. Then there

0:22:20.800 --> 0:22:24.160
<v Speaker 1>was this syringe that contained traces of an animal tranquilizer.

0:22:24.400 --> 0:22:25.480
<v Speaker 5>The prosecutor had.

0:22:25.320 --> 0:22:28.480
<v Speaker 1>To admit that Bob didn't have any in his system,

0:22:28.760 --> 0:22:31.720
<v Speaker 1>but they still introduced it to the court, maintaining that

0:22:31.840 --> 0:22:35.000
<v Speaker 1>Jane's fingerprint had been pressed in blood on the syringe,

0:22:35.280 --> 0:22:39.359
<v Speaker 1>which sounds incredibly damning, but it was discovered much later

0:22:39.600 --> 0:22:44.119
<v Speaker 1>that this claim was not supported by the lab report. Nonetheless,

0:22:44.440 --> 0:22:47.239
<v Speaker 1>that's what the jury heard, along with how all of

0:22:47.280 --> 0:22:49.880
<v Speaker 1>the stains they'd swabbed were made in Bob's blood, So

0:22:50.000 --> 0:22:55.000
<v Speaker 1>they reached a predictable conclusion, sending Jane away for twenty

0:22:55.040 --> 0:22:56.400
<v Speaker 1>five to life.

0:22:56.960 --> 0:22:59.879
<v Speaker 2>It was horrifying. It was Claire was sitting in the

0:23:00.040 --> 0:23:06.440
<v Speaker 2>courtroom and crying hysterically, and I was thinking what can

0:23:06.480 --> 0:23:12.240
<v Speaker 2>I do to help her, what's the next phase, what's

0:23:12.280 --> 0:23:15.879
<v Speaker 2>an appeal? All about? How long will it take? And

0:23:15.880 --> 0:23:18.119
<v Speaker 2>then scared to death knowing that they were going to

0:23:18.800 --> 0:23:20.679
<v Speaker 2>ship me off to prison in a matter of a

0:23:20.720 --> 0:23:25.159
<v Speaker 2>few days. And the only understanding I had about prison

0:23:25.359 --> 0:23:41.119
<v Speaker 2>was from TV shows. When I first got to prison,

0:23:41.160 --> 0:23:45.720
<v Speaker 2>I felt terribly claustrophobic and terribly afraid and trying to

0:23:45.760 --> 0:23:48.920
<v Speaker 2>figure out, how am I going to survive this? Being

0:23:49.000 --> 0:23:53.480
<v Speaker 2>horrified at the oppression and domination that I saw all

0:23:53.520 --> 0:23:58.960
<v Speaker 2>around me, with the guards being so aggressive toward the women.

0:24:00.280 --> 0:24:02.680
<v Speaker 2>Most of the guards in the prison system are male,

0:24:03.480 --> 0:24:07.400
<v Speaker 2>even in a female prison, and they have no qualms

0:24:07.440 --> 0:24:11.600
<v Speaker 2>about walking into the shower room. I've seen guards turn

0:24:11.680 --> 0:24:14.960
<v Speaker 2>around and flat out pepper spray a woman right in

0:24:14.960 --> 0:24:18.879
<v Speaker 2>the face because she talked back to them. It was

0:24:19.040 --> 0:24:21.480
<v Speaker 2>a horrifying experience.

0:24:22.160 --> 0:24:24.000
<v Speaker 3>You know, my mom wouldn't her to fly, but that

0:24:24.040 --> 0:24:25.720
<v Speaker 3>doesn't mean that she's not going to be caught in

0:24:25.760 --> 0:24:27.800
<v Speaker 3>the mill of something. I mean, that would be my

0:24:27.840 --> 0:24:29.720
<v Speaker 3>biggest fear that my mom would dian prison.

0:24:30.320 --> 0:24:33.960
<v Speaker 2>I did an awful lot of things to try and

0:24:34.080 --> 0:24:38.200
<v Speaker 2>keep myself saying, recognizing, you can't live in this oppressive

0:24:38.280 --> 0:24:42.040
<v Speaker 2>environment without it affecting you, so you've got to be active.

0:24:42.440 --> 0:24:45.800
<v Speaker 2>So I would go and walk on like a big,

0:24:45.840 --> 0:24:49.600
<v Speaker 2>big jogging track, and I would pretend to myself that

0:24:49.720 --> 0:24:52.359
<v Speaker 2>I was riding one of the horses, and I would

0:24:52.400 --> 0:24:54.560
<v Speaker 2>pretend that we're going along the trail and here's a

0:24:54.640 --> 0:24:57.480
<v Speaker 2>jump in front of us, so now steady yourself, horse,

0:24:57.640 --> 0:25:01.920
<v Speaker 2>now up and over the jump. And I probably sometimes

0:25:02.000 --> 0:25:04.520
<v Speaker 2>I'd between something with my legs and people would probably

0:25:04.520 --> 0:25:05.800
<v Speaker 2>look at me and say, what the.

0:25:05.800 --> 0:25:07.680
<v Speaker 5>Hell was she do?

0:25:08.960 --> 0:25:12.240
<v Speaker 2>But I actively did those things so that I could

0:25:12.320 --> 0:25:16.359
<v Speaker 2>take myself out of that environment and be somewhere else

0:25:16.440 --> 0:25:18.679
<v Speaker 2>for a period of time. And I guess at some

0:25:18.760 --> 0:25:21.960
<v Speaker 2>point I started learning the statistics of the likelihood of

0:25:21.960 --> 0:25:25.399
<v Speaker 2>winning an appeal. We're only four percent. I just started

0:25:25.440 --> 0:25:28.240
<v Speaker 2>working in the law library, figuring I have to be

0:25:28.320 --> 0:25:31.399
<v Speaker 2>more of an active participant in this. So I became

0:25:31.440 --> 0:25:35.280
<v Speaker 2>a pretty good jailhouse lawyer, and I got several people

0:25:35.320 --> 0:25:39.040
<v Speaker 2>out of prison, and again became more and more horrified

0:25:39.160 --> 0:25:42.400
<v Speaker 2>at some of the cases that I saw. Almost without exception,

0:25:42.800 --> 0:25:46.040
<v Speaker 2>every woman that I've talked to was a victim of

0:25:46.080 --> 0:25:50.439
<v Speaker 2>some kind of violence in a relationship with a man

0:25:50.760 --> 0:25:54.600
<v Speaker 2>and had no choice. I know a woman who was

0:25:54.960 --> 0:25:58.480
<v Speaker 2>threatened if she did not do what this man told

0:25:58.480 --> 0:26:01.320
<v Speaker 2>her to do in his commission of a crime, he

0:26:01.400 --> 0:26:03.880
<v Speaker 2>was going to kill her. And she knew he had

0:26:03.880 --> 0:26:06.359
<v Speaker 2>a gun, and she knew he had shot other people.

0:26:07.080 --> 0:26:09.960
<v Speaker 2>And what is she going to do? And why was

0:26:10.000 --> 0:26:12.240
<v Speaker 2>that not allowed to be brought out in her trial.

0:26:12.320 --> 0:26:15.000
<v Speaker 2>She's been in prison for thirty five years, and she's

0:26:15.000 --> 0:26:18.360
<v Speaker 2>still in prison today. The whole thing about the felony

0:26:18.440 --> 0:26:23.480
<v Speaker 2>murder is horrible. Is an organization then, Felony Murder Elimination

0:26:23.640 --> 0:26:26.119
<v Speaker 2>Project that I also work with, and our goal is

0:26:26.160 --> 0:26:29.600
<v Speaker 2>to eliminate that kind of a rule and the whole

0:26:30.240 --> 0:26:35.080
<v Speaker 2>special circumstance that allows women to be overly prosecuted and

0:26:35.560 --> 0:26:38.600
<v Speaker 2>spend their lives in prison and restricts the judge from

0:26:38.640 --> 0:26:41.840
<v Speaker 2>doing anything but giving either the death penalty or death

0:26:41.880 --> 0:26:42.760
<v Speaker 2>by incarceration.

0:26:44.040 --> 0:26:48.160
<v Speaker 1>Finally, Jane had a win for herself in twenty fifteen,

0:26:48.920 --> 0:26:53.040
<v Speaker 1>three years after she filed a motion for DNA testing.

0:26:52.960 --> 0:26:56.399
<v Speaker 2>I wrote my own motion for DNA testing and I

0:26:56.480 --> 0:26:59.879
<v Speaker 2>want it. I said, I want Bob's fingernails tested, and

0:27:00.119 --> 0:27:02.160
<v Speaker 2>I want the rope that they found around his neck,

0:27:02.680 --> 0:27:04.760
<v Speaker 2>and I don't want to use the San Diego crime

0:27:04.840 --> 0:27:09.560
<v Speaker 2>Lab because I've been under lots of scrutiny for many years.

0:27:10.000 --> 0:27:13.240
<v Speaker 2>And I clearly said, do not test all of the evidence,

0:27:13.280 --> 0:27:16.080
<v Speaker 2>save fifty percent for future testing, because by then I

0:27:16.160 --> 0:27:19.119
<v Speaker 2>was a whole lot smarter about how things can go wrong.

0:27:19.960 --> 0:27:23.080
<v Speaker 2>At that was the point where I get this letter

0:27:23.119 --> 0:27:26.760
<v Speaker 2>from Loyola Law School Project for the Innocent saying we

0:27:26.920 --> 0:27:31.200
<v Speaker 2>understand you're seeking help, and I'm thinking to myself, when

0:27:31.200 --> 0:27:34.119
<v Speaker 2>did I write them? I was so used to writing

0:27:34.280 --> 0:27:38.040
<v Speaker 2>so many different organizations, and then I get this wonderful

0:27:38.080 --> 0:27:39.360
<v Speaker 2>letter from Paula Mitchell.

0:27:40.119 --> 0:27:43.359
<v Speaker 1>Paula Mitchell began hiring experts to review all of the

0:27:43.359 --> 0:27:46.520
<v Speaker 1>case evidence, one of whom discovered that the paint found

0:27:46.560 --> 0:27:49.919
<v Speaker 1>on Bob's skull likely came from a tire iron or

0:27:50.040 --> 0:27:52.639
<v Speaker 1>Priye bar, and it was later revealed that the state

0:27:52.840 --> 0:27:56.840
<v Speaker 1>knew this pre trial but did not disclose it. Mitchell

0:27:57.000 --> 0:28:00.320
<v Speaker 1>also hired a medical examiner who not only play least

0:28:00.359 --> 0:28:03.840
<v Speaker 1>the time of death, most likely on February thirteenth, but

0:28:04.040 --> 0:28:06.800
<v Speaker 1>also said that the wounds were such that, if inflicted

0:28:06.880 --> 0:28:10.400
<v Speaker 1>in the bedroom, would have been nearly impossible to clean up.

0:28:10.680 --> 0:28:14.120
<v Speaker 1>In addition, the States expert Charles Merritt, who testified that

0:28:14.320 --> 0:28:17.520
<v Speaker 1>all of the potential bloodstains were tested and belonged to

0:28:17.560 --> 0:28:20.639
<v Speaker 1>Bob Well, they discovered a lab text notes who had

0:28:20.680 --> 0:28:24.520
<v Speaker 1>been tasked with testing if the fluids were actually blood.

0:28:24.800 --> 0:28:28.320
<v Speaker 2>The lab technician, Connie Milton. Her handwritten notes say something

0:28:28.320 --> 0:28:31.640
<v Speaker 2>to the effect of all of the evidence in the

0:28:31.720 --> 0:28:35.439
<v Speaker 2>Doratic case were brought for me to analyze and I

0:28:35.520 --> 0:28:38.640
<v Speaker 2>looked at all of it and it was all negative.

0:28:39.000 --> 0:28:43.200
<v Speaker 2>That was in her handwritten notes, and then they were negative.

0:28:43.240 --> 0:28:45.840
<v Speaker 2>There's a line crossed through it and on top of

0:28:45.880 --> 0:28:50.400
<v Speaker 2>it is written positive. And so my attorney said, how

0:28:50.440 --> 0:28:53.160
<v Speaker 2>does that happen? And she said something like sometimes you

0:28:53.240 --> 0:28:55.920
<v Speaker 2>just take a second look at something and it looks different.

0:28:56.200 --> 0:28:59.200
<v Speaker 1>It turned out only a small fraction of the materials

0:28:59.240 --> 0:29:02.280
<v Speaker 1>where ever tested did and many were not blood at all.

0:29:02.760 --> 0:29:03.840
<v Speaker 5>Plus, as far back.

0:29:03.720 --> 0:29:06.400
<v Speaker 1>As two thousand and nine, the state had disclosed that

0:29:06.480 --> 0:29:10.280
<v Speaker 1>a lab tech had questioned Charles Merritt's technical skills prior

0:29:10.320 --> 0:29:13.280
<v Speaker 1>to trial, a lack of confidence later confirmed by both

0:29:13.320 --> 0:29:17.200
<v Speaker 1>a state and defense expert. Mitchell's team also discovered evidence

0:29:17.240 --> 0:29:20.400
<v Speaker 1>showing a serious breach of the chain of custody for

0:29:20.480 --> 0:29:23.240
<v Speaker 1>the blood collected from Bob at autopsy.

0:29:23.520 --> 0:29:27.479
<v Speaker 2>This criminalist at the autopsy accepts the vials of blood,

0:29:27.600 --> 0:29:30.680
<v Speaker 2>which is not really protocol. You know, the coroner is

0:29:30.680 --> 0:29:33.320
<v Speaker 2>the one who takes the blood. Anyway, he accepts the

0:29:33.400 --> 0:29:36.320
<v Speaker 2>vials of blood and then they're not entered into evidence

0:29:36.640 --> 0:29:40.280
<v Speaker 2>until two weeks later. So where are they in his

0:29:40.320 --> 0:29:44.600
<v Speaker 2>back pocket? And meanwhile, he's the person that is also

0:29:44.880 --> 0:29:49.680
<v Speaker 2>examining the master bedroom, saying there's all of these spots

0:29:49.680 --> 0:29:52.480
<v Speaker 2>of blood and yeah, no, we can't prove that this

0:29:52.600 --> 0:29:55.720
<v Speaker 2>criminalist did anything with it that he shouldn't have done,

0:29:56.000 --> 0:29:58.800
<v Speaker 2>like open the vials and scatter blood in the bedroom.

0:29:59.160 --> 0:30:01.280
<v Speaker 2>But I I have to tell you that goes through

0:30:01.360 --> 0:30:04.720
<v Speaker 2>my mind because there's a chain of custody for evidence

0:30:04.760 --> 0:30:07.840
<v Speaker 2>and he clearly didn't follow it. Why don't you?

0:30:08.400 --> 0:30:10.960
<v Speaker 1>Which brings up the syringe that was alleged to have

0:30:11.080 --> 0:30:14.600
<v Speaker 1>Jane's fingerprint pressed in Bob's blood. Will not only do

0:30:14.640 --> 0:30:17.920
<v Speaker 1>these lab notes and chain of custody revelations call into

0:30:17.960 --> 0:30:21.640
<v Speaker 1>question the origin and identification of that blood, but in addition,

0:30:21.920 --> 0:30:24.600
<v Speaker 1>a crime lab report said that they had not tested

0:30:24.600 --> 0:30:27.800
<v Speaker 1>the area of the fingerprint. Yet the opposite was represented

0:30:27.840 --> 0:30:31.120
<v Speaker 1>to Jane's jury that her fingerprint was made in Bob's

0:30:31.160 --> 0:30:33.960
<v Speaker 1>blood and if you want to trust the state even less.

0:30:34.200 --> 0:30:37.600
<v Speaker 1>A district attorney investigator later claimed that the vile in

0:30:37.680 --> 0:30:41.360
<v Speaker 1>question was full, but upon further inspection, it was reported

0:30:41.440 --> 0:30:44.360
<v Speaker 1>that the vial was less than half full and had

0:30:44.400 --> 0:30:46.720
<v Speaker 1>a little nick in the top where someone might have

0:30:46.800 --> 0:30:50.440
<v Speaker 1>inserted a syringe. Meanwhile, the DNA testing of the rope

0:30:50.480 --> 0:30:55.280
<v Speaker 1>and fingernail scrapings found foreign DNA in two of Bob's scrapings,

0:30:55.440 --> 0:30:59.200
<v Speaker 1>both of which excluded Jane, and then the rope revealed

0:30:59.360 --> 0:31:02.800
<v Speaker 1>two countries, one of whom was Bob, and again Jane

0:31:02.920 --> 0:31:06.600
<v Speaker 1>was excluded. All of this evidence was filed in a

0:31:06.640 --> 0:31:11.200
<v Speaker 1>habeas petition that dragged through April twenty twenty, when Paula

0:31:11.320 --> 0:31:14.120
<v Speaker 1>filed a motion for Jane's release as a seventy five

0:31:14.160 --> 0:31:16.880
<v Speaker 1>year old woman in danger during the onset of the

0:31:16.920 --> 0:31:20.640
<v Speaker 1>COVID pandemic, and on April twenty second, twenty twenty, it

0:31:20.760 --> 0:31:21.440
<v Speaker 1>was granted.

0:31:22.000 --> 0:31:24.680
<v Speaker 2>The judge that had been hearing my case the whole

0:31:24.720 --> 0:31:28.320
<v Speaker 2>time knew all about the false evidence by then, so

0:31:28.480 --> 0:31:32.280
<v Speaker 2>he was very confident that I was going to be exonerated,

0:31:32.840 --> 0:31:35.600
<v Speaker 2>and he was also retiring, so he's the one that

0:31:35.680 --> 0:31:40.640
<v Speaker 2>allowed the release before my case was actually dismissed the

0:31:40.680 --> 0:31:44.600
<v Speaker 2>first time. I've been very grateful to that judge.

0:31:44.600 --> 0:31:48.239
<v Speaker 1>Meanwhile, an evidentiary hearing was scheduled for that July to

0:31:48.240 --> 0:31:52.440
<v Speaker 1>hear the claims of false evidence plus even more new evidence,

0:31:52.760 --> 0:31:56.360
<v Speaker 1>including an alternate suspect. In January two thousand, there had

0:31:56.360 --> 0:31:59.680
<v Speaker 1>been a violent roadside attack in the same spot than that,

0:31:59.760 --> 0:32:03.480
<v Speaker 1>a a methamphetamine user named John Pierre, who was known

0:32:03.520 --> 0:32:07.280
<v Speaker 1>for sudden fits of violence, was arrested and convicted for

0:32:07.400 --> 0:32:11.440
<v Speaker 1>that January attack. But before these bombshells could be released

0:32:11.480 --> 0:32:14.720
<v Speaker 1>at the evidentiary hearing, this state filed a motion to

0:32:14.840 --> 0:32:18.840
<v Speaker 1>dismiss based on the DNA findings, well stating their intention

0:32:19.200 --> 0:32:20.120
<v Speaker 1>to retry Jane.

0:32:20.560 --> 0:32:24.200
<v Speaker 2>They knew everything was wrong, and yet they still wanted

0:32:24.240 --> 0:32:28.240
<v Speaker 2>to retry me, mainly because they did not want to

0:32:28.280 --> 0:32:33.160
<v Speaker 2>be wrong. Kurt Mechels was the original second chair prosecutor

0:32:33.720 --> 0:32:36.160
<v Speaker 2>in two thousand and one. He came back in in

0:32:36.240 --> 0:32:40.280
<v Speaker 2>twenty twenty through twenty two to try and put a

0:32:40.320 --> 0:32:43.640
<v Speaker 2>new gloss on the false forensics. I mean, there's so

0:32:43.720 --> 0:32:45.840
<v Speaker 2>many things that we found were wrong. One of the

0:32:45.840 --> 0:32:49.040
<v Speaker 2>detectives got on the stand and said, this is in

0:32:49.080 --> 0:32:52.040
<v Speaker 2>the preliminary hearing. She said, the thing that struck me

0:32:52.120 --> 0:32:56.120
<v Speaker 2>most about that bedroom being a crime scene is there

0:32:56.200 --> 0:32:59.280
<v Speaker 2>was blood all over the curtains. And one of the

0:32:59.280 --> 0:33:02.840
<v Speaker 2>trial attorneys, Mike Cavaloussi, went along and he said, I

0:33:02.920 --> 0:33:05.720
<v Speaker 2>know it's hard to remember things, especially twenty years ago,

0:33:05.840 --> 0:33:08.480
<v Speaker 2>but some things just stick out in your mind, like

0:33:08.520 --> 0:33:12.160
<v Speaker 2>blood on the curtains. Yes, yes, that was entrenched in

0:33:12.200 --> 0:33:15.280
<v Speaker 2>my mind. So then he puts a photograph of the

0:33:15.320 --> 0:33:18.480
<v Speaker 2>bedroom up on the screen in the courtroom.

0:33:18.960 --> 0:33:22.280
<v Speaker 3>Well, guess what, there were no fucking curtains. There were

0:33:22.320 --> 0:33:25.520
<v Speaker 3>no curtains in the bedroom. I'm getting a little worked though.

0:33:25.640 --> 0:33:27.880
<v Speaker 2>So this memory that she has of blood all over

0:33:27.920 --> 0:33:31.400
<v Speaker 2>the curtains that she's testifying to is completely false.

0:33:31.920 --> 0:33:36.280
<v Speaker 1>But even after that debacle, they still pushed ahead with

0:33:36.360 --> 0:33:37.360
<v Speaker 1>a second trial.

0:33:37.800 --> 0:33:40.760
<v Speaker 2>They came in at the final hour, just when the

0:33:40.840 --> 0:33:43.320
<v Speaker 2>jury was about to be seated. They came in the

0:33:43.400 --> 0:33:47.680
<v Speaker 2>day before and said, Okay, we're going to dismiss the case.

0:33:48.920 --> 0:33:52.680
<v Speaker 2>We don't have enough evidence to convict her. So look

0:33:52.680 --> 0:33:55.120
<v Speaker 2>at all of the taxpayer money spent on that, all

0:33:55.200 --> 0:33:58.720
<v Speaker 2>of the prosecutors, all of the things that they did

0:33:58.760 --> 0:34:01.760
<v Speaker 2>to my sons, that they told my sons.

0:34:01.920 --> 0:34:03.560
<v Speaker 5>What's your relationship like with them?

0:34:03.600 --> 0:34:09.040
<v Speaker 2>Now? My youngest son died a year ago with an

0:34:09.040 --> 0:34:13.840
<v Speaker 2>accidental overdose. Through all of it, the prosecution was trying

0:34:13.840 --> 0:34:17.319
<v Speaker 2>to coerce him to come and testify against me in

0:34:17.360 --> 0:34:21.720
<v Speaker 2>a second trial, and he was terribly torn and didn't

0:34:21.719 --> 0:34:26.160
<v Speaker 2>want to do it, and got back into drugs and

0:34:26.320 --> 0:34:30.279
<v Speaker 2>overdosed yeah, And if it sounds like I blame them

0:34:30.320 --> 0:34:31.520
<v Speaker 2>for it, I do.

0:34:33.040 --> 0:34:34.840
<v Speaker 5>What is life like now?

0:34:34.960 --> 0:34:35.160
<v Speaker 2>You know?

0:34:35.440 --> 0:34:38.360
<v Speaker 4>I know you just said your son passed. Your life's

0:34:38.360 --> 0:34:40.919
<v Speaker 4>been turned upside down? So what's it been like picking

0:34:41.000 --> 0:34:44.319
<v Speaker 4>up the pieces these past five almost six years?

0:34:45.640 --> 0:34:48.120
<v Speaker 2>You know? I still sort of struggle with some of

0:34:48.160 --> 0:34:51.640
<v Speaker 2>the effects of being in prison for twenty years. You

0:34:51.680 --> 0:34:54.680
<v Speaker 2>can't be in an environment like that, where it's so

0:34:54.800 --> 0:34:59.239
<v Speaker 2>much oppression, so much violence, always watching your back. It's

0:34:59.440 --> 0:35:02.400
<v Speaker 2>very hard learn to trust, and that stays with me.

0:35:02.840 --> 0:35:04.880
<v Speaker 2>I don't know if I'll ever get over that. I

0:35:04.920 --> 0:35:09.080
<v Speaker 2>don't know if I'll ever get over feeling like, how

0:35:09.120 --> 0:35:13.360
<v Speaker 2>can we have a system that is so wrong? Most

0:35:13.360 --> 0:35:16.560
<v Speaker 2>people are good people? How can we accept this? And

0:35:16.600 --> 0:35:18.920
<v Speaker 2>that's why I'm so passionate about doing the work that

0:35:19.000 --> 0:35:22.400
<v Speaker 2>I'm doing with the UC Sentencing Project and the California

0:35:22.400 --> 0:35:25.359
<v Speaker 2>Coalition of Women Prisoners. And it's very gratifying. I've been

0:35:25.400 --> 0:35:29.360
<v Speaker 2>able to get myself to go back into CIW the

0:35:29.360 --> 0:35:32.160
<v Speaker 2>person I spent so many years at WOW and visit

0:35:32.239 --> 0:35:35.200
<v Speaker 2>women that I lived alongside for a period of time

0:35:35.239 --> 0:35:37.200
<v Speaker 2>and continue to try and help them get out.

0:35:38.160 --> 0:35:40.640
<v Speaker 1>We will be linking both of those organizations in the

0:35:40.640 --> 0:35:43.160
<v Speaker 1>episode description for folks to see how they can get

0:35:43.160 --> 0:35:47.040
<v Speaker 1>involved in the work that means so much to Jane Claire.

0:35:47.080 --> 0:35:48.279
<v Speaker 5>Is there anything else you want to say?

0:35:49.080 --> 0:35:53.560
<v Speaker 3>I think that the whole concept of wrongful convictions is

0:35:53.719 --> 0:35:57.520
<v Speaker 3>not given enough attention. I am probably going to get

0:35:57.560 --> 0:36:00.319
<v Speaker 3>some emails for this one, but I think the Hire

0:36:00.840 --> 0:36:05.360
<v Speaker 3>police Department, prosecution department, and prison system needs an overhaul.

0:36:05.400 --> 0:36:07.680
<v Speaker 3>I think I want to live in a world where

0:36:07.680 --> 0:36:10.000
<v Speaker 3>I think the police are here to protect me. That's

0:36:10.040 --> 0:36:11.760
<v Speaker 3>the world I want to live in. So I would

0:36:11.760 --> 0:36:16.440
<v Speaker 3>not have had any desire whatsoever to challenge that belief,

0:36:16.880 --> 0:36:19.480
<v Speaker 3>but I was forced to see it for what it is.

0:36:19.600 --> 0:36:23.000
<v Speaker 3>It is not that way at all, and I wish

0:36:23.040 --> 0:36:26.320
<v Speaker 3>more people would because you know, it's almost like a cult.

0:36:26.440 --> 0:36:28.400
<v Speaker 3>You know, they can continue to get away with this

0:36:28.560 --> 0:36:31.720
<v Speaker 3>because they have managed to pull the wool over people's eyes,

0:36:31.760 --> 0:36:33.759
<v Speaker 3>and you know, people to to think that they are

0:36:33.920 --> 0:36:36.000
<v Speaker 3>just and they're ethical and all of that, and it's

0:36:36.200 --> 0:36:37.960
<v Speaker 3>total bullshit. They're not at all.

0:36:39.440 --> 0:36:42.960
<v Speaker 2>I want people to understand that the prison system is

0:36:43.000 --> 0:36:48.000
<v Speaker 2>a system that's really gone awry. It's gravely compromised. It's

0:36:48.040 --> 0:36:52.520
<v Speaker 2>so full of oppression and hate and dominance. It has

0:36:52.640 --> 0:36:56.120
<v Speaker 2>nothing to do with public safety, and the harm that

0:36:56.160 --> 0:37:02.160
<v Speaker 2>we cause by supporting this system is ridiculous. We could

0:37:02.200 --> 0:37:05.600
<v Speaker 2>do much better as a society. I don't say that

0:37:05.680 --> 0:37:08.600
<v Speaker 2>everyone in prison is innocent, but there are so many

0:37:08.600 --> 0:37:13.440
<v Speaker 2>circumstances that send people to prison that are social problems

0:37:13.880 --> 0:37:16.520
<v Speaker 2>that we're not solving by putting people in cages.

0:37:21.200 --> 0:37:24.120
<v Speaker 1>Thank you for listening to Wrongful Conviction with Maggie Freeling.

0:37:24.400 --> 0:37:26.920
<v Speaker 1>I'd like to thank our production team, Connor Hall and

0:37:27.000 --> 0:37:31.240
<v Speaker 1>Kathleen Fink, as well as executive producers Jason Flamm, Jeff Kempler,

0:37:31.320 --> 0:37:35.000
<v Speaker 1>Kevin Burtis, and Jeff Clyburn. The music in this production

0:37:35.160 --> 0:37:38.840
<v Speaker 1>was supplied by three time OSCAR nominated composer Jay Ralph.

0:37:39.080 --> 0:37:42.279
<v Speaker 1>Be sure to follow us across all social media platforms

0:37:42.320 --> 0:37:45.399
<v Speaker 1>at Lava for Good and at Wrongful Conviction. You can

0:37:45.480 --> 0:37:49.360
<v Speaker 1>also follow me on all platforms at Maggie Freeling. Wrongful

0:37:49.400 --> 0:37:52.440
<v Speaker 1>Conviction with Maggie Freeling is a production of Lava for

0:37:52.560 --> 0:37:56.600
<v Speaker 1>Good Podcasts in association with the Signal Company Number One.

0:37:56.760 --> 0:37:59.319
<v Speaker 3>We've worked hard to ensure that all facts reported in

0:37:59.360 --> 0:38:00.520
<v Speaker 3>this show are accurate.

0:38:00.600 --> 0:38:03.319
<v Speaker 5>The views and opinions expressed by the individuals featured in

0:38:03.360 --> 0:38:06.080
<v Speaker 5>this show are their own and do not necessarily reflect

0:38:06.080 --> 0:38:07.279
<v Speaker 5>those of Lava for Good