WEBVTT - #568 Maggie Freleng with Dusty Turner

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<v Speaker 1>Over the course of nineteen ninety four and ninety five,

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<v Speaker 1>Dusty Turner and Billy Joe Brown trained together to become

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<v Speaker 1>Navy seals.

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<v Speaker 2>I know this guy because I've been training with for

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<v Speaker 2>a year and a half, from islands into Pacific to

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<v Speaker 2>jumping out of planes and throwing hand grenades over each

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<v Speaker 2>other's backs and diving in pitch black waters in the

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<v Speaker 2>middle of the oceans. And one of the things that

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<v Speaker 2>beats into my unconsciousness is, no matter what, I have

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<v Speaker 2>to protect this guy. I don't even have a choice

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<v Speaker 2>to protect him. I have to protect him.

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<v Speaker 1>But that training left Dusty ill prepared for partying off

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<v Speaker 1>base with Billy. On June nineteenth, nineteen ninety five, Dusty

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<v Speaker 1>met twenty one year old mid student Jennifer Evans on

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<v Speaker 1>the dance floor while Billy, who had alcohol related anchor issues,

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<v Speaker 1>had a night that devolved into rage. After spoiling his

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<v Speaker 1>ride home, Billy tried to squeeze into Dusty's car behind Jennifer,

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<v Speaker 1>and after she didn't respond well to his belligerence, Billy

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<v Speaker 1>attacked and killed Jennifer right next to Dusty, But in

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<v Speaker 1>the intense moments following her death, he protected Billy.

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<v Speaker 2>That was absolutely brainwashed to protect this psychopath. I know

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<v Speaker 2>what I would do now, It's easy be hindsight. I

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<v Speaker 2>could have jumped out the car or took off running somewhere.

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<v Speaker 2>I could have drove someone different. I could have done

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<v Speaker 2>something different right.

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<v Speaker 1>But eventually Dusty turned Billy in and with the death

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<v Speaker 1>penalty looming, Billy then flipped the tables.

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<v Speaker 2>My name was Dustin Turner and I was incarcerated for

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<v Speaker 2>thirty years and seven months. To be specific, that's eleven

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<v Speaker 2>two hundred and eight days.

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<v Speaker 1>From Lava for Good. This is wrongful conviction with Maggie

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<v Speaker 1>Freeling today, Dusty Turner.

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<v Speaker 2>I grew up in Bloomington, Indiana, and I have three

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<v Speaker 2>brothers and a sister. And my mother was a elementary

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<v Speaker 2>school teacher and my stepfather, who I really grew up with,

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<v Speaker 2>was an insurance salesman. I suppose I had a very

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<v Speaker 2>typical Midwestern Indiana who's your upbringing? I played sports all

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<v Speaker 2>my life as a kid. You know, we were rough

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<v Speaker 2>and tumble and we would run around playing all those games.

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<v Speaker 2>And my family was very outdoorsy. We gardened and we

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<v Speaker 2>hunted for mushrooms and for simmons, and my family members

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<v Speaker 2>were hunters, and a lot of my family were veterans

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<v Speaker 2>or they were in the military, and so I think

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<v Speaker 2>my upbringing was colored by that experience. It was just

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<v Speaker 2>built into fabric of my family going back really quite

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<v Speaker 2>a few generations.

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<v Speaker 1>And Dusty also grew up with a love for the water.

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<v Speaker 2>So I was swimming from before I was conscious. I

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<v Speaker 2>guess my mother had me in the pool, probably why

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<v Speaker 2>I was still in diapers. I was a swimmer and

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<v Speaker 2>I was always interested in water sports. And when I'll

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<v Speaker 2>share this with you, when I was very young, I

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<v Speaker 2>found a book and there was a photo in the

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<v Speaker 2>book that intrigued me, and it was a sunken ship

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<v Speaker 2>with a treasure chest and it might have been a

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<v Speaker 2>pirate or something, and he had a knife between his

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<v Speaker 2>teeth and he was diving free diving down to the

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<v Speaker 2>sunken chest. And I just thought this guy was the

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<v Speaker 2>ultimate badass of the water. And I think somehow that

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<v Speaker 2>really influenced my getting into scuba diving.

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<v Speaker 1>So around what age were you solidified like I am enlisting,

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<v Speaker 1>And I guess even though my partner was in the army,

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<v Speaker 1>he still tries to explain like enlisting and then joining

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<v Speaker 1>Special Forces. So this might be when did you decide

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<v Speaker 1>to enlist and then become a seal?

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<v Speaker 2>A good question. I did enlist when I was still seventeen,

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<v Speaker 2>still in high school. My mother had to sign for

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<v Speaker 2>me because I was under eighteen. I don't want to

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<v Speaker 2>speak for her. She may have been a little apprehensive,

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<v Speaker 2>but she knew that's what I wanted to do, and

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<v Speaker 2>she signed the necessary papers and allowed me to join

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<v Speaker 2>under the delayed entry program. Before I was eighteen, I

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<v Speaker 2>was into a lot of sports and growing up through

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<v Speaker 2>high school and especially towards the end of high school,

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<v Speaker 2>I was a competitive state swimmer in Indiana and I

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<v Speaker 2>had an offer for a scholarship, but I chose the military.

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<v Speaker 2>I actually initially wanted to be a diver, a scuba

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<v Speaker 2>diver for the Navy, and then later on I heard

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<v Speaker 2>more about the seal teams. I wanted to be in

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<v Speaker 2>the seal teams, but I didn't know how to get

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<v Speaker 2>myself there. So when I was in boot camp, and

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<v Speaker 2>that was in Orlando, Florida, I had an option need

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<v Speaker 2>to take the physical test to become a diver, but

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<v Speaker 2>I actually snuck into another line. That was the guys

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<v Speaker 2>that were wanting to be in the seal teams. I

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<v Speaker 2>was one of just a few people that passed it.

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<v Speaker 2>And the seal that was there taking in the scores,

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<v Speaker 2>he looked through his clipboard and he said, wait, you

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<v Speaker 2>took the wrong test. You were supposed to take the

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<v Speaker 2>other one. And I said, I know, However, I'm desirous

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<v Speaker 2>of being a seal, and he said, I'll tell you what.

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<v Speaker 2>I'm going to make sure you get to the training

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<v Speaker 2>and he saw the fort two that I had and

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<v Speaker 2>desire I had. So that's how I got into seal

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<v Speaker 2>training out in San Diego and Corneatto Island.

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<v Speaker 1>And it was during seal training that he was paired

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<v Speaker 1>with the actual perpetrator of the murdering question, Billy Joe Brown.

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<v Speaker 2>Early in training, they pair people up in boat crews

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<v Speaker 2>by your height, and so we were the exact same height,

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<v Speaker 2>and at some point we were literally paired up as

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<v Speaker 2>with a call the swim Buddies training partners. And this

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<v Speaker 2>was prior to even prior to Hell Week. So over

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<v Speaker 2>a year and a half of the most excruciating military

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<v Speaker 2>training perhaps in the world, we're bonded through that fire.

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<v Speaker 2>We were trained to or at least in my mind

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<v Speaker 2>to be prepared to give our lives in the defense

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<v Speaker 2>of this nation. And I was okay with that. I

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<v Speaker 2>was prepared for that. And I have to say there's

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<v Speaker 2>a lot of mental manipulation. Yes, if you want to

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<v Speaker 2>call it brainwashing or whatever. I was nineteen years old.

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<v Speaker 2>They totally shaped my mind when it came to these

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<v Speaker 2>ideas of brotherhood and the culture of military and special

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<v Speaker 2>forces and maybe specifically in the seal teams.

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<v Speaker 1>Which may go a long way in explaining Dusty's behavior

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<v Speaker 1>in the aftermath of what bill Is eventually did two

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<v Speaker 1>Jennifer Evans. But before that, despite Billy Joe Brown not

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<v Speaker 1>going as far as murdering someone, there was definitely a

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<v Speaker 1>history of violence.

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<v Speaker 2>Two times previous I saw his attempt of violence or

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<v Speaker 2>aggression I should say, towards women. And once was in

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<v Speaker 2>Puerto Rico, and thankfully there was multiple people around to

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<v Speaker 2>restrain him. Another time it was just me and I

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<v Speaker 2>was able to restrain him. But yeah, so you know,

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<v Speaker 2>I've seen that aggressive behavior of him often having to

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<v Speaker 2>ensure that he gets out of trouble. Right, this is

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<v Speaker 2>only going on when he's drunk and when he's sober.

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<v Speaker 2>It was never like this right. When he's drinking, he's

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<v Speaker 2>like a ticking time bomb. And so there was multiple

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<v Speaker 2>times in which I had to extract him from situations

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<v Speaker 2>at a concert. At one time he attacked a guy

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<v Speaker 2>and really messed him up, and I had to jump

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<v Speaker 2>in and pull him out. And it ended with later

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<v Speaker 2>in the night, we were fleeing from the police. I

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<v Speaker 2>haven't told many people this, but we ended up in

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<v Speaker 2>a pond, literally underwater.

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<v Speaker 1>Now, for our audience, I urge you to count yourself

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<v Speaker 1>lucky if you've never had to be the caretaker of

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<v Speaker 1>this kind of friend. Some folks are not that lucky.

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<v Speaker 1>And unfortunately, Dusty had not yet cut ties with Billy

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<v Speaker 1>Joe Brown, and at this time, well completing their training

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<v Speaker 1>in Virginia, Billy Joe Brown was drinking a lot as

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<v Speaker 1>he was on June nineteenth, nineteen ninety five, when a

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<v Speaker 1>few Seal trainees were set to head out to party

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<v Speaker 1>in Virginia Beach.

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<v Speaker 2>There was originally I think three of us that were

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<v Speaker 2>supposed to be there that night, and it ended up

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<v Speaker 2>it was just Billy Brown and myself. Well. We went

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<v Speaker 2>to a club that we had been to.

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<v Speaker 1>It was called the Bayou Nightclub and as Dusty told

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<v Speaker 1>Jason in previous coverage which we'll link to in the

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<v Speaker 1>episode description, Dusty had separated himself from Billy that night,

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<v Speaker 1>and then he met twenty one year old med student

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<v Speaker 1>Jennifer Evans on the dance floor. She was on vacation

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<v Speaker 1>and her friends had moved on to another place. They

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<v Speaker 1>were planning to circle back at closing time, and Dusty

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<v Speaker 1>had also arranged with Billy's ex girlfriend to get him home. Allegedly,

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<v Speaker 1>the night progressed and Jennifer and Dusty went out to

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<v Speaker 1>the parking lot to wait for her friends. When Billy

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<v Speaker 1>stumbled over to the car, Dusty morange, Jennifer, just don't

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<v Speaker 1>engage with Billy if he's belligerent or obnoxious, and then

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<v Speaker 1>he gets into the backseat behind her.

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<v Speaker 2>I saw that he was in the mode which I've

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<v Speaker 2>seen before with him, that he could become violent, and

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<v Speaker 2>so I was doing everything I could. And really, I

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<v Speaker 2>say that I won't say everything I could, because in

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<v Speaker 2>hindsight there's other things I could have done, But at

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<v Speaker 2>the moment, I thought by speaking to him calmly and

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<v Speaker 2>trying to get him to relax, and hey, look, let's

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<v Speaker 2>just find Kristen his friend who was supposed to take

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<v Speaker 2>him home. Let's just find her, she can take you home.

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<v Speaker 2>But he was completely belligerent, completely belligerent.

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<v Speaker 1>Apparently Billy had done something to cause his ax to leave,

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<v Speaker 1>So while Dusty tried to de escalate, Billy allegedly said

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<v Speaker 1>some nasty things and touched Jennifer's hair. Allegedly, she brushed

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<v Speaker 1>him off, and then Billy lashed out.

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<v Speaker 2>His initial maneuver was explosive enough to literally shake the

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<v Speaker 2>whole vehicle, and I wasn't looking directly at him. It

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<v Speaker 2>took me a second to realize what has just happened.

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<v Speaker 2>Her head was twisted towards the car window, and he

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<v Speaker 2>had his own arms locked around her. I started grabbing

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<v Speaker 2>his arms and screaming at him, and Jennifer was completely limb.

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<v Speaker 2>It was that quick. So I just immediately grabbed his

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<v Speaker 2>arms and trying to pull him off of her, and

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<v Speaker 2>at first I couldn't, but he was screaming at me,

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<v Speaker 2>just fucking dry and screaming at me, and I was

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<v Speaker 2>screaming at him to just let her go. And I

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<v Speaker 2>literally had to put my fingers under his fingertips and

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<v Speaker 2>pry his first hand from his arm as he was

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<v Speaker 2>locked and pry his arms off of her. And then

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<v Speaker 2>when I get his arms off of her, he's still

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<v Speaker 2>screaming at me. Now he's up in my ear, just dry,

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<v Speaker 2>just from here, and Jennifer's limbs, she's gone, She's completely gone,

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<v Speaker 2>and she's slumped into his seat. I know this guy

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<v Speaker 2>sitting behind me because I've been training with him a

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<v Speaker 2>year and a half through all this stuff, from islands

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<v Speaker 2>into Pacific to jumping out of planes and throwing hand

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<v Speaker 2>grenades over each other's backs and diving in pitch black

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<v Speaker 2>waters in the middle of the oceans. And the only

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<v Speaker 2>thing I know for a fact that is beat into

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<v Speaker 2>my unconsciousness is this man. No matter what, I have

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<v Speaker 2>to protect I don't even have a choice to protect him.

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<v Speaker 2>I have to protect him. That's what colored my decisions

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<v Speaker 2>that I made at that point. I was absolutely brainwashed

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<v Speaker 2>to protect this psychopath. I shouldn't have been in that position.

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<v Speaker 2>He should never have been in that position. He should

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<v Speaker 2>have never been in the military, let alone in the

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<v Speaker 2>special forces community never. But ultimately, regardless of all, it's

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<v Speaker 2>still my decision. I could have jumped out the car,

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<v Speaker 2>took off, run in somewhere. I could have drove someone different.

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<v Speaker 2>I could have done something different right at that point, but.

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<v Speaker 1>He didn't, and that decision became a key point of scrutiny.

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<v Speaker 2>I didn't know Virginia Beach areat. I literally didn't know

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<v Speaker 2>where to turn when I left the parking lot. In fact,

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<v Speaker 2>he was yelling directions at me, turn left, turned right.

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<v Speaker 1>Dusty drove them onto Interstate sixty four, and then they

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<v Speaker 1>exited near a wooded area by Newport News, where they

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<v Speaker 1>left Jennifer's body about thirty yards into the woods. Over

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<v Speaker 1>the next week, Dusty says, guilt weighed heavily on him.

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<v Speaker 1>Then detectives caught up with them. Both seals initially denied involvement,

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<v Speaker 1>but after speaking with his commanding officer, Dusty decided to confess,

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<v Speaker 1>leading authorities to the body and to Billie Brown. Facing

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<v Speaker 1>the death penalty, Brown seemingly created a story implicating Dusty

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<v Speaker 1>in the murder. Yours leader, Dusty, says Brown explained why

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<v Speaker 1>he believed that decision was justified.

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<v Speaker 2>He said he thought I was going to do two

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<v Speaker 2>weeks in jail before the authorities realized the truth of

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<v Speaker 2>what happened, and instead, the authorities used his false stories

0:14:27.040 --> 0:14:29.520
<v Speaker 2>to convict me of his crimes. How do you even

0:14:29.520 --> 0:14:32.560
<v Speaker 2>wrap your head around them? But all he had to

0:14:32.640 --> 0:14:38.200
<v Speaker 2>do is come clean. See, he knew, he knew that

0:14:38.520 --> 0:14:43.320
<v Speaker 2>there was this code, and he called it the Seal

0:14:43.360 --> 0:14:46.600
<v Speaker 2>Team code, that I couldn't tell the authorities what he

0:14:46.640 --> 0:14:47.720
<v Speaker 2>had done.

0:14:48.000 --> 0:14:48.720
<v Speaker 1>He said that to.

0:14:48.720 --> 0:14:51.520
<v Speaker 2>You years later, he said, that's the whole reason he

0:14:51.560 --> 0:14:55.520
<v Speaker 2>made up the story to implicate me is because I

0:14:55.720 --> 0:15:00.320
<v Speaker 2>broke the Seal Code, and therefore I deserved to be

0:15:00.560 --> 0:15:03.920
<v Speaker 2>unjustly put in prison because I broke the Sealk Code

0:15:03.960 --> 0:15:08.720
<v Speaker 2>by telling the authorities of what had happened. That's it.

0:15:09.240 --> 0:15:11.000
<v Speaker 2>If he would have told the truth from the beginning,

0:15:11.000 --> 0:15:13.800
<v Speaker 2>i'd obviously never been convicted of these crimes.

0:15:14.000 --> 0:15:17.720
<v Speaker 1>Meaning the ones he says he didn't do. First degree

0:15:17.840 --> 0:15:22.680
<v Speaker 1>murder and abduction. Billy Brown received seventy two years, while

0:15:22.760 --> 0:15:27.680
<v Speaker 1>Dusty got eighty two and then even more insult to injury.

0:15:28.040 --> 0:15:31.240
<v Speaker 2>From what I understand, the authorities within the military had

0:15:31.280 --> 0:15:34.400
<v Speaker 2>told guys that I had been around that they are

0:15:34.440 --> 0:15:38.760
<v Speaker 2>to have no contact with me or my family. That's difficult,

0:15:38.960 --> 0:15:40.800
<v Speaker 2>to be honest. There's a lot of things that I

0:15:40.840 --> 0:15:43.640
<v Speaker 2>still have a hard time with concerning the military and

0:15:43.680 --> 0:15:45.840
<v Speaker 2>the way I was treated it was wrong. And I

0:15:45.880 --> 0:15:48.000
<v Speaker 2>will say I've heard from a couple of the former

0:15:48.640 --> 0:15:51.320
<v Speaker 2>Silting guys, which is nice and I really appreciate that.

0:15:51.960 --> 0:15:54.680
<v Speaker 2>But there had been a kind of a hand washing

0:15:55.840 --> 0:15:58.960
<v Speaker 2>of both myself and Billy Brown, as if we were

0:15:58.960 --> 0:16:01.480
<v Speaker 2>the same people, as if we were in Caho says,

0:16:01.480 --> 0:16:07.240
<v Speaker 2>if we deserved the same fate. But beyond that, I'm

0:16:07.280 --> 0:16:08.000
<v Speaker 2>past it.

0:16:08.320 --> 0:16:11.560
<v Speaker 1>And perhaps Dusty had help. In two thousand and two,

0:16:11.880 --> 0:16:16.040
<v Speaker 1>Billy Brown found religion and made a confession that Dusty

0:16:16.200 --> 0:16:19.720
<v Speaker 1>had nothing to do with the murder and corroborated what

0:16:19.960 --> 0:16:24.840
<v Speaker 1>Dusty maintained all along, that he protected his training partner,

0:16:25.320 --> 0:16:29.520
<v Speaker 1>whom he says he should have immediately exposed for his crime.

0:16:29.920 --> 0:16:31.880
<v Speaker 2>You know, it's kind of ironic. That's a stale team

0:16:31.920 --> 0:16:35.440
<v Speaker 2>investigator for the military. He is a very strong advocate

0:16:35.520 --> 0:16:39.240
<v Speaker 2>for me for years. He's a strong advocate because again

0:16:39.320 --> 0:16:41.680
<v Speaker 2>he investigated my case, but he didn't do it for

0:16:41.760 --> 0:16:45.120
<v Speaker 2>the civilian side. He did it for the military. His

0:16:45.520 --> 0:16:50.480
<v Speaker 2>reports were destined only for the military leaders. But what

0:16:50.560 --> 0:16:55.160
<v Speaker 2>he found was basically the same thing that now everyone knows, right,

0:16:55.480 --> 0:16:57.840
<v Speaker 2>and that is I had no role in the murder.

0:16:58.000 --> 0:17:00.880
<v Speaker 2>I had no role in abducting Jennifer.

0:17:01.560 --> 0:17:05.560
<v Speaker 1>Dusty's legal team filed a writ of actual innocence, citing

0:17:05.560 --> 0:17:09.360
<v Speaker 1>the confession as new evidence, and his conviction was overturned

0:17:09.440 --> 0:17:13.000
<v Speaker 1>in two thousand and nine, but the Attorney General appealed

0:17:13.080 --> 0:17:16.960
<v Speaker 1>and his murder and abduction convictions were reinstated and he

0:17:17.080 --> 0:17:24.639
<v Speaker 1>served sixteen more years. How did you survive thirty years

0:17:24.680 --> 0:17:25.240
<v Speaker 1>in prison?

0:17:25.359 --> 0:17:25.479
<v Speaker 2>So?

0:17:25.880 --> 0:17:27.920
<v Speaker 1>I guess there's a lot to this. I mean, you're

0:17:28.600 --> 0:17:32.280
<v Speaker 1>convicted of a crime you did not commit, and even

0:17:32.320 --> 0:17:35.680
<v Speaker 1>the thing that you did do is only punishable by

0:17:35.760 --> 0:17:40.280
<v Speaker 1>up to twelve months in prison, So that is completely unjust.

0:17:40.600 --> 0:17:43.800
<v Speaker 1>How do you survive prison in a place that you

0:17:43.880 --> 0:17:46.760
<v Speaker 1>know you shouldn't be? How did you do that?

0:17:47.359 --> 0:17:49.679
<v Speaker 2>I think it was, I guess, the same thing that

0:17:50.000 --> 0:17:57.480
<v Speaker 2>allowed me, I guess to survive steal training resolved of love,

0:17:58.800 --> 0:18:02.520
<v Speaker 2>and I have to say, maybe even hate, the love

0:18:02.800 --> 0:18:07.480
<v Speaker 2>of my family and supporters. That alone got me through

0:18:07.520 --> 0:18:15.000
<v Speaker 2>some very difficult times. I have a persistent, maybe we'll

0:18:15.040 --> 0:18:20.040
<v Speaker 2>just say hatred towards Billy Brown and if that's the

0:18:20.119 --> 0:18:23.159
<v Speaker 2>right word, but it's never subsided. And part of that

0:18:23.680 --> 0:18:26.200
<v Speaker 2>is obviously, first of all, what he did to Jennifer

0:18:27.960 --> 0:18:30.280
<v Speaker 2>in her family, and secondly what he did to me

0:18:31.160 --> 0:18:36.600
<v Speaker 2>and my family. He has written to my mother and

0:18:36.920 --> 0:18:39.960
<v Speaker 2>through my mother trying to asking or begging for me

0:18:40.080 --> 0:18:44.200
<v Speaker 2>to forgive him. And here it is thirty one years later,

0:18:44.240 --> 0:18:48.000
<v Speaker 2>almost and my hatred for him still burns deep in

0:18:48.080 --> 0:18:53.080
<v Speaker 2>my chest, and I can't look at all the at

0:18:53.080 --> 0:18:58.160
<v Speaker 2>my family, everything that we've been through and not feel

0:18:58.200 --> 0:19:00.000
<v Speaker 2>that hatred towards him.

0:19:00.000 --> 0:19:02.560
<v Speaker 1>I understand that you're one of the first people out

0:19:02.600 --> 0:19:06.840
<v Speaker 1>of how many wrongfully convicted people I've spoken to, that

0:19:07.480 --> 0:19:10.080
<v Speaker 1>has not forgiven. And I think you're the first person

0:19:10.160 --> 0:19:14.520
<v Speaker 1>that I relate to because I can't imagine forgiving somebody

0:19:14.560 --> 0:19:15.359
<v Speaker 1>who did that to me.

0:19:15.800 --> 0:19:19.640
<v Speaker 2>And sometimes I think maybe it's maybe I'm failing there,

0:19:19.680 --> 0:19:22.320
<v Speaker 2>but that I should forgive. And I've even wrote an

0:19:22.400 --> 0:19:25.240
<v Speaker 2>essay on forgiveness. It may even be posted on my

0:19:25.280 --> 0:19:27.720
<v Speaker 2>website because I was exploring it. And one of the

0:19:27.720 --> 0:19:29.399
<v Speaker 2>things I think it's in my little essay that I

0:19:29.400 --> 0:19:32.240
<v Speaker 2>had a chaplain come to me and he said, just

0:19:32.440 --> 0:19:34.919
<v Speaker 2>completely assuming because he knew me. I had a lot

0:19:34.960 --> 0:19:37.520
<v Speaker 2>of interactions with him, and he's like, well, you're a

0:19:37.760 --> 0:19:41.239
<v Speaker 2>smart guy. You know that forgiveness is not about him.

0:19:41.240 --> 0:19:43.560
<v Speaker 2>It's about you, and he just assumed that I had

0:19:43.600 --> 0:19:46.960
<v Speaker 2>forgiven him, and because I'm not so stupid to not

0:19:47.080 --> 0:19:49.879
<v Speaker 2>forgive him, because what that suggests is it's just putting

0:19:49.920 --> 0:19:54.160
<v Speaker 2>more upon myself, you know. But I don't forgive him.

0:19:54.359 --> 0:19:58.760
<v Speaker 2>And I feel like that that anger and that burning hatred,

0:19:59.000 --> 0:20:02.160
<v Speaker 2>that really maybe in some ways it helped me get

0:20:02.160 --> 0:20:06.400
<v Speaker 2>through some of the more difficult times of my prison senters.

0:20:08.160 --> 0:20:12.840
<v Speaker 1>I one relate to that. I tell people, like, the

0:20:12.880 --> 0:20:16.280
<v Speaker 1>reason I can keep going is because I want vengeance

0:20:16.400 --> 0:20:19.160
<v Speaker 1>on people, and for me, it's the prosecutors that hurt

0:20:19.160 --> 0:20:21.399
<v Speaker 1>all of you guys. That's why I keep listening to

0:20:21.480 --> 0:20:22.240
<v Speaker 1>these stories.

0:20:22.680 --> 0:20:28.680
<v Speaker 2>You know, listenance. Vengeance is in our vernacular for a reason, right,

0:20:28.720 --> 0:20:32.840
<v Speaker 2>It's an ancient idea of just desserts. But regardless, obviously

0:20:32.880 --> 0:20:36.160
<v Speaker 2>I'm not seeking to exact some kind of vengeance myself.

0:20:36.280 --> 0:20:38.199
<v Speaker 2>But there needs to be accountability.

0:20:38.640 --> 0:20:39.680
<v Speaker 1>That's such a better word.

0:20:41.240 --> 0:20:45.440
<v Speaker 2>Yeah, And that goes beyond Billy Brown, because there's others

0:20:45.680 --> 0:20:48.880
<v Speaker 2>who knew that I had no role in those crimes,

0:20:49.520 --> 0:20:52.680
<v Speaker 2>and they either loud or were actively involved in convicting

0:20:52.720 --> 0:20:54.800
<v Speaker 2>me or keeping me in prison.

0:21:11.560 --> 0:21:15.439
<v Speaker 1>A cellmate of yours once said, quote, you were a

0:21:15.520 --> 0:21:20.679
<v Speaker 1>little too talkative about plant life. I think this was

0:21:20.720 --> 0:21:23.080
<v Speaker 1>perhaps one of yours for parole.

0:21:23.280 --> 0:21:27.560
<v Speaker 2>I know who you're talking about too.

0:21:26.760 --> 0:21:30.560
<v Speaker 1>And so I want to ask you about that. How

0:21:30.600 --> 0:21:32.520
<v Speaker 1>did you get into horticulture?

0:21:33.000 --> 0:21:35.520
<v Speaker 2>You know, I grew up, like I said, I was

0:21:35.840 --> 0:21:38.480
<v Speaker 2>in a family that was very outdoorsy and we had

0:21:38.520 --> 0:21:41.600
<v Speaker 2>a decent family garden growing up, and so I learned

0:21:41.640 --> 0:21:44.760
<v Speaker 2>a lot from my stepfather about horticulture. Therefore, I thought

0:21:44.800 --> 0:21:47.520
<v Speaker 2>I knew quite a bit about horticulture. So I joined

0:21:47.520 --> 0:21:50.800
<v Speaker 2>a horticulture of course, and then I realized I don't

0:21:50.840 --> 0:21:53.560
<v Speaker 2>know anything about horticulture right. So, over the course of

0:21:53.640 --> 0:21:55.960
<v Speaker 2>a year and then I got through that program, I

0:21:56.000 --> 0:22:00.000
<v Speaker 2>took an advanced horticulture program. This was well in prison, yeah, absolutely,

0:22:01.040 --> 0:22:05.480
<v Speaker 2>Soon thereafter I was tutoring incarcerated students horticulture. But I

0:22:05.560 --> 0:22:08.479
<v Speaker 2>found it to be an opportunity not simply just to speak, Hey,

0:22:08.560 --> 0:22:11.280
<v Speaker 2>here's how you germinate seeds, and here's how you grow

0:22:11.320 --> 0:22:14.720
<v Speaker 2>a plant, and here's the names of these different species.

0:22:15.240 --> 0:22:19.159
<v Speaker 2>But there's a therapeutic element, especially for those in prison

0:22:19.800 --> 0:22:23.760
<v Speaker 2>who are surrounded by nothing but concrete and still there's

0:22:23.800 --> 0:22:26.639
<v Speaker 2>a therapeutic aspect to the idea of being able to

0:22:26.640 --> 0:22:29.359
<v Speaker 2>grow things or see growing things and living things. And

0:22:31.080 --> 0:22:34.280
<v Speaker 2>it was I got to say, relatively speaking, it was beautiful.

0:22:34.560 --> 0:22:38.680
<v Speaker 2>I'm in garden spaces that I helped create, and I'm

0:22:38.720 --> 0:22:40.880
<v Speaker 2>out there with all these students, and they come from

0:22:40.960 --> 0:22:44.360
<v Speaker 2>all all over Virginia, all walks of life. I had

0:22:44.359 --> 0:22:46.040
<v Speaker 2>a lot of inner city guys who are like, you know,

0:22:46.160 --> 0:22:49.120
<v Speaker 2>when I go home, I am creating a community guard

0:22:49.480 --> 0:22:50.919
<v Speaker 2>and I'm going to do it, and I know exactly

0:22:50.920 --> 0:22:53.080
<v Speaker 2>where I'm going to put it, and this is my goal.

0:22:53.720 --> 0:22:56.680
<v Speaker 1>Dusty's former sell me wrote a letter to the parole

0:22:56.720 --> 0:23:00.919
<v Speaker 1>board supporting his release, saying what a good person Dusty

0:23:01.040 --> 0:23:03.960
<v Speaker 1>is and his largest complaint about him is that he

0:23:04.080 --> 0:23:08.440
<v Speaker 1>talks about plants too much. In twenty twenty, a new

0:23:08.520 --> 0:23:12.719
<v Speaker 1>law was passed in Virginia and Dusty was released in

0:23:12.840 --> 0:23:15.240
<v Speaker 1>March of twenty twenty six.

0:23:15.720 --> 0:23:18.640
<v Speaker 2>I didn't invite all my family because first of all,

0:23:19.400 --> 0:23:22.400
<v Speaker 2>most of my family is in Indiana and in other states.

0:23:22.640 --> 0:23:24.960
<v Speaker 2>And I hope it didn't hurt some people's feelings. But

0:23:24.960 --> 0:23:26.960
<v Speaker 2>I didn't invite all my family. I have a very

0:23:27.000 --> 0:23:29.840
<v Speaker 2>large family. I can't invite everybody, right, but I did

0:23:29.880 --> 0:23:31.359
<v Speaker 2>have some of my family and some of those who

0:23:31.680 --> 0:23:35.120
<v Speaker 2>maybe I've been closest with throughout the years and they've

0:23:35.160 --> 0:23:39.800
<v Speaker 2>really been there for me. And then my advocates, right

0:23:40.520 --> 0:23:44.920
<v Speaker 2>those who have fought so hard for so much of

0:23:44.960 --> 0:23:48.040
<v Speaker 2>their time and energies and money and everything else. They

0:23:48.080 --> 0:23:53.160
<v Speaker 2>recognized the injustice and that drove them with a passion.

0:23:53.600 --> 0:23:56.080
<v Speaker 2>I absolute wouldn't be sitting here without them. They would

0:23:56.080 --> 0:23:59.960
<v Speaker 2>not have given me parole without my advocates fighting for me, period.

0:24:01.080 --> 0:24:04.280
<v Speaker 2>And so its beautiful to see everybody and to embrace everyone,

0:24:04.480 --> 0:24:09.360
<v Speaker 2>and it was emotional. It was overwhelming, and it still

0:24:09.440 --> 0:24:12.760
<v Speaker 2>is overwhelming. I do not have my feet on the ground.

0:24:13.560 --> 0:24:15.919
<v Speaker 2>I'm working on it. I wish you could be in

0:24:15.960 --> 0:24:19.879
<v Speaker 2>my shoes or last thirty hours or so, just to

0:24:19.920 --> 0:24:23.160
<v Speaker 2>experience what I'm in. Such an amazing place right now.

0:24:24.320 --> 0:24:27.879
<v Speaker 2>I'm in such an amazing place right now. I was

0:24:27.880 --> 0:24:30.359
<v Speaker 2>in a side by side vehicle a few hours ago

0:24:30.960 --> 0:24:35.360
<v Speaker 2>driving through just amazing countryside, the outskirts of a property.

0:24:36.160 --> 0:24:39.680
<v Speaker 2>I'm blown away. There's a river it just runs right

0:24:39.720 --> 0:24:43.040
<v Speaker 2>through here. And I'm unfortunate in that respect, so fortunate

0:24:43.720 --> 0:24:46.680
<v Speaker 2>and grateful, and I'm going to soak it all in.

0:24:47.400 --> 0:24:49.119
<v Speaker 1>How do you think your life would have been different.

0:24:49.160 --> 0:24:51.359
<v Speaker 1>Maybe if none of this happened and you stayed a

0:24:51.440 --> 0:24:55.720
<v Speaker 1>seal instead of becoming a horticulture mauster. I don't know

0:24:55.800 --> 0:24:56.320
<v Speaker 1>what to call it.

0:24:56.359 --> 0:25:00.200
<v Speaker 2>I'll say that, yeah, not there yet, but you know,

0:25:00.280 --> 0:25:02.240
<v Speaker 2>I don't know. Listen, my plan was to do two

0:25:02.280 --> 0:25:05.520
<v Speaker 2>deployments and then apply try to get into what's now

0:25:05.640 --> 0:25:08.399
<v Speaker 2>referred to as Seal Team six. That's what I want.

0:25:08.440 --> 0:25:10.720
<v Speaker 2>I want to be the best operator for the military.

0:25:11.080 --> 0:25:13.120
<v Speaker 2>I loved it, and that's what I had a passion for.

0:25:14.400 --> 0:25:17.080
<v Speaker 2>But I have some friends that I trained with who

0:25:17.880 --> 0:25:20.680
<v Speaker 2>died not long after I was incarcerated.

0:25:21.560 --> 0:25:23.679
<v Speaker 1>You probably would have wound up in Iraq. Do you

0:25:23.680 --> 0:25:24.359
<v Speaker 1>think about that?

0:25:24.720 --> 0:25:27.000
<v Speaker 2>No, I don't think about it because who knows, right,

0:25:27.080 --> 0:25:29.240
<v Speaker 2>I don't have a clue what could have happened. I

0:25:29.320 --> 0:25:32.920
<v Speaker 2>also could have been dead, and who knows what could

0:25:32.920 --> 0:25:34.719
<v Speaker 2>have happened. And I don't think it really matters at

0:25:34.720 --> 0:25:38.600
<v Speaker 2>this point, right All that matters is now and moving forward.

0:25:39.359 --> 0:25:41.399
<v Speaker 2>I would I would drive myself nuts thinking about that.

0:25:42.400 --> 0:25:46.439
<v Speaker 1>What has surprised you the most? Maybe, like yesterday we

0:25:46.440 --> 0:25:49.000
<v Speaker 1>were talking and you were facetiming with me on a

0:25:49.119 --> 0:25:51.879
<v Speaker 1>cell phone. What are some of the things that so

0:25:52.080 --> 0:25:55.280
<v Speaker 1>far in your very short time, have really surprised you.

0:25:55.280 --> 0:26:00.480
<v Speaker 2>Ohoul, have surprised me how big everything is? Thing is

0:26:00.600 --> 0:26:04.399
<v Speaker 2>it just looms large, everything from just the buildings and

0:26:04.480 --> 0:26:07.840
<v Speaker 2>the sky and the clouds, and everything just seems so big.

0:26:08.880 --> 0:26:13.640
<v Speaker 2>It's surreal. Through a good portion of this past day

0:26:13.640 --> 0:26:16.080
<v Speaker 2>and a half, I felt like I've not even been

0:26:16.119 --> 0:26:19.520
<v Speaker 2>inside my body, Like I'm just hovering and just watching.

0:26:20.320 --> 0:26:23.199
<v Speaker 2>And I got to say it again, I'm fortunate to

0:26:23.240 --> 0:26:26.600
<v Speaker 2>have all my people around me. I don't have to

0:26:26.640 --> 0:26:29.960
<v Speaker 2>worry about the things. I know so many people who

0:26:29.960 --> 0:26:31.880
<v Speaker 2>are getting out of prison I have to worry about.

0:26:32.359 --> 0:26:34.800
<v Speaker 2>And so I'm so fortunate for that right I have

0:26:34.880 --> 0:26:38.359
<v Speaker 2>those resources. Not many people do. And I recognize that.

0:26:40.080 --> 0:26:43.639
<v Speaker 2>So my family, my supporters have provided so many things

0:26:43.640 --> 0:26:48.480
<v Speaker 2>for me that I'm able to really just absorb things right.

0:26:49.119 --> 0:26:51.760
<v Speaker 2>And they've given me that opportunity to just really sit

0:26:51.840 --> 0:26:55.000
<v Speaker 2>back and absorb things, and they're taking me around. I

0:26:55.000 --> 0:27:00.320
<v Speaker 2>walked into my first small grocery store today. I walked

0:27:00.359 --> 0:27:02.440
<v Speaker 2>down the aisles and before I went in, I said,

0:27:02.600 --> 0:27:04.679
<v Speaker 2>I'm not going to I'm not touching nothing. I'm not

0:27:04.720 --> 0:27:07.240
<v Speaker 2>going to buy anything. Y'all can get what you want

0:27:07.280 --> 0:27:10.159
<v Speaker 2>I'm just gonna look all right, and there's they had

0:27:10.160 --> 0:27:13.400
<v Speaker 2>already purchased so much stuff, and I got fruit baskets

0:27:13.440 --> 0:27:15.840
<v Speaker 2>and beef jerkeys and I don't know all kinds of stuff.

0:27:15.960 --> 0:27:20.119
<v Speaker 2>By the way, good advocate friend has brought some New

0:27:20.200 --> 0:27:22.960
<v Speaker 2>York strip We're going to be really amazing. Yeah, and

0:27:22.960 --> 0:27:25.560
<v Speaker 2>he's got some rabbis and they're doing I don't know,

0:27:25.600 --> 0:27:27.399
<v Speaker 2>they've got just the whole work. So we had a

0:27:27.400 --> 0:27:30.160
<v Speaker 2>beautiful feast last night, and tonight it's gonna be no less.

0:27:30.320 --> 0:27:33.760
<v Speaker 1>Were the flavors of like real food like surprising.

0:27:35.600 --> 0:27:39.679
<v Speaker 2>It's all everything I taste, everything I smell, everything I

0:27:39.760 --> 0:27:44.360
<v Speaker 2>see is so incredibly different that it's a lie. It's

0:27:44.480 --> 0:27:48.840
<v Speaker 2>like maybe four we'll say, a normal person to be

0:27:48.880 --> 0:27:52.840
<v Speaker 2>given like hyper stimulus, to be overwhelmed with hyper stimulus.

0:27:53.000 --> 0:27:55.080
<v Speaker 2>All my senses are overwhelmed.

0:27:55.720 --> 0:27:59.120
<v Speaker 1>Yesterday you mentioned the smells. That was one of the first.

0:27:59.760 --> 0:28:02.760
<v Speaker 2>Yeah, that was the first structure I walked into. I

0:28:02.800 --> 0:28:05.520
<v Speaker 2>was in the lobby of the hotel. But it's every

0:28:05.560 --> 0:28:09.399
<v Speaker 2>since everything I see and everything nice smell and taste

0:28:09.440 --> 0:28:13.280
<v Speaker 2>and touch and yeah, it's a lot. And I'm glad

0:28:13.320 --> 0:28:17.480
<v Speaker 2>that my close friends and loved ones are able to

0:28:17.960 --> 0:28:21.040
<v Speaker 2>be with me, to experience that with me, because it's

0:28:21.040 --> 0:28:22.000
<v Speaker 2>special for them too.

0:28:23.440 --> 0:28:26.040
<v Speaker 1>I know you've mentioned step by step, So what is

0:28:26.200 --> 0:28:29.120
<v Speaker 1>something you're looking forward to if you want to tell

0:28:29.160 --> 0:28:32.520
<v Speaker 1>me big picture, even like later today, what are you

0:28:32.680 --> 0:28:33.639
<v Speaker 1>looking forward to?

0:28:34.280 --> 0:28:36.520
<v Speaker 2>Well, I told you here very shortly. We're going to

0:28:36.600 --> 0:28:40.880
<v Speaker 2>have a bit of I guess a bonfire, small fire, campfire,

0:28:41.040 --> 0:28:43.320
<v Speaker 2>and I think someone even brought some s'mores. We're going

0:28:43.360 --> 0:28:45.680
<v Speaker 2>to be toting smores after the feast. I look forward

0:28:45.720 --> 0:28:48.800
<v Speaker 2>to settling in a little bit and I'm going to

0:28:48.840 --> 0:28:51.840
<v Speaker 2>be doing some real work out here on farm and

0:28:51.880 --> 0:28:55.560
<v Speaker 2>the property, and I look forward to contributing. I look

0:28:55.600 --> 0:28:59.600
<v Speaker 2>forward to learning. This is in some way in intermediate

0:28:59.680 --> 0:29:04.600
<v Speaker 2>or short term ideas. I look forward to continuing experience

0:29:04.640 --> 0:29:08.480
<v Speaker 2>the things I've been experiencing, because they've been great long term.

0:29:08.840 --> 0:29:12.120
<v Speaker 2>I'm not done fighting. I'm not exonerated, as you brought

0:29:12.200 --> 0:29:15.800
<v Speaker 2>up early on. If I'm not exonerating, I'm simply given parole.

0:29:16.480 --> 0:29:19.800
<v Speaker 2>That's not a just remedy in my case.

0:29:20.120 --> 0:29:22.280
<v Speaker 1>People know you're still a convicted felon.

0:29:22.800 --> 0:29:26.840
<v Speaker 2>Not just a convicted felon, but the abduction charge. Years

0:29:26.880 --> 0:29:29.960
<v Speaker 2>and years later, they determined that they made that into

0:29:30.000 --> 0:29:34.000
<v Speaker 2>what they call like a registering offense. Right. Oh wow, Yeah,

0:29:34.160 --> 0:29:36.880
<v Speaker 2>so that comes with a whole host of things, every

0:29:36.880 --> 0:29:40.080
<v Speaker 2>bit of it's horrible and it's unjust. I'll be fighting,

0:29:40.640 --> 0:29:42.040
<v Speaker 2>and I hope and I expect I'm going to have

0:29:42.080 --> 0:29:45.400
<v Speaker 2>some people on my team that care about justice and

0:29:45.400 --> 0:29:46.280
<v Speaker 2>they're going to help me out.

0:29:47.240 --> 0:29:50.880
<v Speaker 1>We're definitely on your team, so we will be here. Dusty.

0:29:50.960 --> 0:29:54.200
<v Speaker 1>One of my last questions for you is just it's

0:29:54.240 --> 0:29:57.040
<v Speaker 1>been over thirty years. You've been reported on in the

0:29:57.080 --> 0:30:00.720
<v Speaker 1>media multiple times, there have been documentaries. What do you

0:30:01.280 --> 0:30:04.600
<v Speaker 1>want people to know about you? Oh?

0:30:05.280 --> 0:30:07.080
<v Speaker 2>I would like for people to know that I'm just

0:30:07.080 --> 0:30:11.000
<v Speaker 2>a genuine guy. And maybe as they hear my experiences

0:30:11.000 --> 0:30:13.400
<v Speaker 2>and what led me to sitting right here speaking to

0:30:13.440 --> 0:30:18.200
<v Speaker 2>you the whole way, through my childhood, through my experiences

0:30:18.240 --> 0:30:22.200
<v Speaker 2>in the military, and the tragic events that led me

0:30:22.680 --> 0:30:26.520
<v Speaker 2>to be incarcerated and the horrible hell that I went through,

0:30:27.520 --> 0:30:30.080
<v Speaker 2>I guess I may now have a unique perspective online

0:30:30.080 --> 0:30:34.000
<v Speaker 2>and maybe that holds some value somewhere for someone, and

0:30:34.040 --> 0:30:36.040
<v Speaker 2>I hope it does.

0:30:39.400 --> 0:30:42.400
<v Speaker 1>Thank you for listening to Wrongful Conviction with Maggie Freeling.

0:30:42.720 --> 0:30:45.240
<v Speaker 1>I'd like to thank our production team Connor Hall and

0:30:45.360 --> 0:30:49.680
<v Speaker 1>Kathleen Fink, as well as executive producers Jason Flam, Jeff Kempler,

0:30:49.800 --> 0:30:53.560
<v Speaker 1>Kevin Wortis, and Jeff Clyburn. The music in this production

0:30:53.720 --> 0:30:57.520
<v Speaker 1>was supplied by three time OSCAR nominated composer Jay Ralph.

0:30:57.720 --> 0:31:01.000
<v Speaker 1>Be sure to follow us across all so media platforms

0:31:01.040 --> 0:31:04.240
<v Speaker 1>at Lava for Good and at Wrongful Conviction. You can

0:31:04.280 --> 0:31:08.320
<v Speaker 1>also follow me on all platforms at Maggie Freeling. Wrongful

0:31:08.360 --> 0:31:11.440
<v Speaker 1>Conviction with Maggie Freeling is a production of Lava for

0:31:11.600 --> 0:31:15.840
<v Speaker 1>Good podcast in association with Signal Company Number One. We

0:31:15.840 --> 0:31:18.280
<v Speaker 1>have worked hard to ensure that all facts reported in

0:31:18.320 --> 0:31:21.120
<v Speaker 1>this show are accurate. The views and opinions expressed by

0:31:21.160 --> 0:31:23.560
<v Speaker 1>the individuals featured in this show are their own and

0:31:23.600 --> 0:31:26.280
<v Speaker 1>do not necessarily reflect those of Lava for Good