1 00:00:06,080 --> 00:00:08,600 Speaker 1: Marty Livingstone doesn't claim he was an angel. 2 00:00:08,640 --> 00:00:11,639 Speaker 2: When he was younger, we was running around doing stupid things, 3 00:00:11,720 --> 00:00:13,880 Speaker 2: like he was running around. He was running doing doing 4 00:00:13,880 --> 00:00:16,640 Speaker 2: street stuff, just run around, acting stupid, getting into fights. 5 00:00:17,000 --> 00:00:19,640 Speaker 1: He grew up on the streets learning from other kids 6 00:00:19,760 --> 00:00:20,400 Speaker 1: like him. 7 00:00:20,760 --> 00:00:24,840 Speaker 2: So like we called ourselves wanting to be different, little 8 00:00:24,880 --> 00:00:27,080 Speaker 2: things like different or like trying to form. So I 9 00:00:27,080 --> 00:00:29,200 Speaker 2: ain't know what the heck we was talking about, So like. 10 00:00:29,200 --> 00:00:31,640 Speaker 1: A gang or like a music Like what what do 11 00:00:31,680 --> 00:00:32,480 Speaker 1: you mean by form? 12 00:00:32,600 --> 00:00:35,040 Speaker 2: Something like you know, like form something like you know, 13 00:00:35,200 --> 00:00:38,640 Speaker 2: like we're trying to like a click, like like a click, like, 14 00:00:38,640 --> 00:00:40,440 Speaker 2: oh we did we did? Like but we're trying to 15 00:00:40,440 --> 00:00:42,879 Speaker 2: find We boys, we brothers, a group. 16 00:00:42,640 --> 00:00:45,320 Speaker 1: Of friends having each other's back. Marty says he was 17 00:00:45,360 --> 00:00:48,680 Speaker 1: never part of a gang or commit any serious crimes. 18 00:00:49,159 --> 00:00:51,640 Speaker 1: He was a young dad getting his degree at the 19 00:00:51,680 --> 00:00:56,120 Speaker 1: time that his life came crashing in on him. One 20 00:00:56,200 --> 00:00:57,840 Speaker 1: day he got a phone call from his mom. 21 00:00:58,240 --> 00:01:00,480 Speaker 2: I said, mother, what's going on? She said, the US 22 00:01:00,560 --> 00:01:02,200 Speaker 2: Marshall was here. Now. 23 00:01:02,280 --> 00:01:05,880 Speaker 1: As I mentioned, Marty wasn't an angel. He admits that 24 00:01:06,160 --> 00:01:09,119 Speaker 1: he was familiar with the police. In fact, he had 25 00:01:09,120 --> 00:01:12,399 Speaker 1: been accused of a shooting before, but that was cleared up. 26 00:01:12,680 --> 00:01:16,640 Speaker 1: It hadn't been Marty. Normally he wouldn't be too worried, 27 00:01:17,080 --> 00:01:20,440 Speaker 1: but he says this time his gut told him something 28 00:01:20,959 --> 00:01:21,520 Speaker 1: was off. 29 00:01:22,080 --> 00:01:28,080 Speaker 2: Really on this one, it's like I felt something. It 30 00:01:28,120 --> 00:01:32,720 Speaker 2: was different, like this one is different. My name is 31 00:01:32,720 --> 00:01:37,040 Speaker 2: Marty Leviston. I was wrong for the convicted for fifteen years. 32 00:01:36,880 --> 00:01:39,759 Speaker 1: From Lava for Good. This is wrongful conviction with Maggie 33 00:01:39,800 --> 00:01:51,880 Speaker 1: Freeling today. Marty Levingston Marty Livingstone was born on August thirteenth, 34 00:01:52,000 --> 00:01:57,320 Speaker 1: nineteen eighty four, to Sandra and Marty d. Levingston in Cincinnati, Ohio. 35 00:02:00,120 --> 00:02:04,440 Speaker 2: Life wasn't I'm not gonna say life was average. Child, No, 36 00:02:04,600 --> 00:02:08,280 Speaker 2: I got a it's eight of us WHOA So my 37 00:02:08,320 --> 00:02:12,239 Speaker 2: mama was my mama six counting me. Then my father 38 00:02:12,360 --> 00:02:17,560 Speaker 2: had two before then, so I got three brothers and well, 39 00:02:17,680 --> 00:02:22,240 Speaker 2: three brothers and three sisters. The oldest will be Telicia Evans, 40 00:02:22,960 --> 00:02:25,080 Speaker 2: Dron Levingston Darlene. 41 00:02:25,280 --> 00:02:27,880 Speaker 1: Marty is somewhere in the middle of all the siblings 42 00:02:28,200 --> 00:02:31,359 Speaker 1: then me. Growing up, Marty says he was a daddy's boy. 43 00:02:31,560 --> 00:02:34,280 Speaker 2: My mom used to tell me stories about how she 44 00:02:34,360 --> 00:02:36,760 Speaker 2: used to be trying to like feed me. Like if 45 00:02:36,760 --> 00:02:38,919 Speaker 2: she puts some in her mouth and she tried to 46 00:02:38,919 --> 00:02:40,920 Speaker 2: feed me with it, he I smack it away. No, 47 00:02:41,440 --> 00:02:42,960 Speaker 2: but she says, soon as my daddy do it, I 48 00:02:42,960 --> 00:02:45,400 Speaker 2: could eat it. I eat it. So my dad was 49 00:02:45,480 --> 00:02:47,560 Speaker 2: just like I actually like my dad to come get 50 00:02:47,560 --> 00:02:50,799 Speaker 2: me when I was seven, six, seven, eight years old 51 00:02:50,840 --> 00:02:52,800 Speaker 2: and I could just go. I used to go everywhere 52 00:02:52,800 --> 00:02:53,200 Speaker 2: with them. 53 00:02:53,240 --> 00:02:56,520 Speaker 1: So but then Marty's parents split up and his dad 54 00:02:56,560 --> 00:02:57,040 Speaker 1: moved out. 55 00:02:57,160 --> 00:02:59,480 Speaker 2: That's what shows me how powerful my mother or he 56 00:02:59,600 --> 00:03:02,720 Speaker 2: is because us like she kept us with a roof 57 00:03:02,760 --> 00:03:05,160 Speaker 2: over our head, kept food on the table, like you 58 00:03:05,160 --> 00:03:06,520 Speaker 2: know what I'm saying. I don't know how she did it, 59 00:03:07,000 --> 00:03:10,359 Speaker 2: but I used to sit back and and watch her 60 00:03:10,400 --> 00:03:11,480 Speaker 2: make miracles happen. 61 00:03:11,840 --> 00:03:15,079 Speaker 1: Not only did she make it happen, but Marty remembers 62 00:03:15,320 --> 00:03:18,400 Speaker 1: lots of good times in his busy home full of love. 63 00:03:18,680 --> 00:03:21,040 Speaker 2: Sometimes it'll be out of kids, it'll be probably about 64 00:03:21,160 --> 00:03:23,040 Speaker 2: it could be good ten of us, ten eleven, twelve 65 00:03:23,040 --> 00:03:26,079 Speaker 2: of us, because if my cousin's over there, that's counting 66 00:03:26,120 --> 00:03:28,600 Speaker 2: them too. So oh yeah, so it'll be fighting over cereal, 67 00:03:28,800 --> 00:03:32,760 Speaker 2: fighting over cereal boxes, cookies, video games, like it was 68 00:03:33,000 --> 00:03:36,400 Speaker 2: just everybody. You know, they could pete in fighting, arguing. 69 00:03:36,760 --> 00:03:38,560 Speaker 2: But when you look back at it now, it was 70 00:03:38,640 --> 00:03:40,440 Speaker 2: like that was fun. 71 00:03:42,440 --> 00:03:46,320 Speaker 1: Marty says. Life was good. But then in nineteen ninety six, 72 00:03:46,520 --> 00:03:49,080 Speaker 1: when he was in his teens, his mom moved the 73 00:03:49,080 --> 00:03:52,560 Speaker 1: family to the Hawaiian Terrace apartment complex in Mount Airy, 74 00:03:53,120 --> 00:03:56,480 Speaker 1: a neighborhood in the outskirts of Cincinnati, which at the 75 00:03:56,520 --> 00:03:59,480 Speaker 1: time was dealing with a lot of crime. 76 00:03:59,640 --> 00:04:05,240 Speaker 2: That's when I actually start you know, picking up things like, 77 00:04:05,680 --> 00:04:08,839 Speaker 2: you know, learning things and things like what, oh will 78 00:04:09,640 --> 00:04:10,400 Speaker 2: the wrong things? 79 00:04:10,640 --> 00:04:13,280 Speaker 1: Marty says. He started getting into trouble for things like 80 00:04:13,360 --> 00:04:14,200 Speaker 1: selling drugs. 81 00:04:14,360 --> 00:04:16,560 Speaker 2: I start trying to find myself at that time, Like, 82 00:04:16,800 --> 00:04:19,480 Speaker 2: you know, my father was away at the time, and 83 00:04:19,520 --> 00:04:22,960 Speaker 2: so like I'm trying to find you know, where was 84 00:04:23,000 --> 00:04:25,240 Speaker 2: your dad at the time. My dad was incarcerated. 85 00:04:26,120 --> 00:04:27,279 Speaker 1: What was he incarcerated for. 86 00:04:27,880 --> 00:04:31,600 Speaker 2: Well, he's incarcerated for you know at that time, was 87 00:04:31,680 --> 00:04:33,359 Speaker 2: probably have some drug possessions or something. 88 00:04:33,520 --> 00:04:34,560 Speaker 1: How did that affect you. 89 00:04:34,720 --> 00:04:37,000 Speaker 2: When he left me? Like when he left at that time, 90 00:04:37,160 --> 00:04:39,640 Speaker 2: like I was hurt. You know, I was hurt, and 91 00:04:40,120 --> 00:04:43,479 Speaker 2: I'm trying to find myself and and it affected me 92 00:04:43,640 --> 00:04:44,560 Speaker 2: affected me a lot. 93 00:04:45,279 --> 00:04:48,160 Speaker 1: Marty started learning how to be a man from the streets. 94 00:04:48,360 --> 00:04:50,680 Speaker 2: I was starting to get taught the wrong things at 95 00:04:50,680 --> 00:04:53,839 Speaker 2: that time, like you know about just everything about women, 96 00:04:53,920 --> 00:04:56,400 Speaker 2: by life, by everything period. I was starting to get 97 00:04:56,400 --> 00:04:58,880 Speaker 2: taught those things like you know, like this how we 98 00:04:58,880 --> 00:05:01,279 Speaker 2: should do it, This is how we should look at women, 99 00:05:01,640 --> 00:05:02,960 Speaker 2: This how we should look at people. 100 00:05:03,360 --> 00:05:06,760 Speaker 1: At sixteen, Marty had his first kid and went on 101 00:05:06,839 --> 00:05:10,080 Speaker 1: to have three more. Marty says he was aimless and 102 00:05:10,080 --> 00:05:14,679 Speaker 1: getting cues from all the wrong people. Back then, stories 103 00:05:14,720 --> 00:05:18,560 Speaker 1: of neighborhood gangs were all over the local news. Not 104 00:05:18,600 --> 00:05:20,760 Speaker 1: a story you will see only on five. You know, 105 00:05:20,839 --> 00:05:23,599 Speaker 1: you used to only hear about gangs like the Crips and. 106 00:05:23,600 --> 00:05:27,320 Speaker 3: The MS thirteen Bloods, crips living and hanging out in 107 00:05:27,400 --> 00:05:28,880 Speaker 3: areas you may least. 108 00:05:28,760 --> 00:05:31,960 Speaker 1: Expin information tonight on a local store busted for dealing 109 00:05:32,080 --> 00:05:34,720 Speaker 1: drugs officers. Marty says he wasn't part of any gang, 110 00:05:34,880 --> 00:05:37,440 Speaker 1: but he was still involved with groups of kids and 111 00:05:37,520 --> 00:05:39,200 Speaker 1: young men breaking the law. 112 00:05:39,720 --> 00:05:42,200 Speaker 2: Like I'm gonna tell you, like I wasn't no angel. 113 00:05:42,480 --> 00:05:46,080 Speaker 2: You know, it was idea live a lifestyle, so you 114 00:05:46,080 --> 00:05:48,680 Speaker 2: couldn't do that in that area. So they end up 115 00:05:49,080 --> 00:05:50,400 Speaker 2: evicting my mother about it. 116 00:05:50,400 --> 00:05:54,720 Speaker 1: There, Marty left the neighborhood, but not the lifestyle. He says. 117 00:05:54,720 --> 00:05:58,080 Speaker 1: He kept acting foolish into his twenties and eventually made 118 00:05:58,120 --> 00:06:00,000 Speaker 1: a name for himself with law enforcement. 119 00:06:00,400 --> 00:06:03,440 Speaker 2: I had running ins, I had priors, I had I 120 00:06:03,480 --> 00:06:07,599 Speaker 2: had juvenile record. Yes, I had priors. I was out 121 00:06:07,600 --> 00:06:10,320 Speaker 2: there in the streets and moving around and stuff like that. 122 00:06:10,960 --> 00:06:13,640 Speaker 1: Though in between run ins with the law, Marty spent 123 00:06:13,720 --> 00:06:16,400 Speaker 1: part of his early twenties trying to get his degree. 124 00:06:16,680 --> 00:06:18,680 Speaker 2: I was going to job court. I was going there 125 00:06:18,760 --> 00:06:21,919 Speaker 2: for to be for business business management. 126 00:06:22,040 --> 00:06:24,000 Speaker 1: What would you have wanted to do with business management? 127 00:06:24,040 --> 00:06:24,720 Speaker 1: What were you thinking? 128 00:06:25,120 --> 00:06:26,600 Speaker 2: For real? I ain't know what I was doing. I 129 00:06:26,920 --> 00:06:28,480 Speaker 2: look back now, I shouldn have went in there. I 130 00:06:28,480 --> 00:06:31,560 Speaker 2: should have went and got carpentry or something. But like so, 131 00:06:31,640 --> 00:06:34,400 Speaker 2: I'm like, I think of business managed, because at that time, 132 00:06:34,480 --> 00:06:37,200 Speaker 2: everybody that's from the streets be saying business business management. 133 00:06:37,880 --> 00:06:41,800 Speaker 1: Putting two and two together business management and Marty's lifestyle, 134 00:06:42,040 --> 00:06:44,560 Speaker 1: I can kind of guess where he was going with 135 00:06:44,640 --> 00:06:45,360 Speaker 1: that degree. 136 00:06:45,560 --> 00:06:48,359 Speaker 2: So I'm going to Cincinnight job court school at the time, 137 00:06:49,120 --> 00:06:51,919 Speaker 2: And so my dad had called me and said, I 138 00:06:51,960 --> 00:06:54,159 Speaker 2: just heard your name on the news, I say for 139 00:06:54,240 --> 00:06:57,000 Speaker 2: what on the on the on the radio, they say 140 00:06:57,040 --> 00:06:58,280 Speaker 2: he was looking for you for a shooting. 141 00:06:58,680 --> 00:07:04,080 Speaker 1: I said, huh, shooting. This was Marty's first major arrest. 142 00:07:04,480 --> 00:07:07,320 Speaker 1: It was in two thousand and six that was. 143 00:07:07,279 --> 00:07:09,200 Speaker 2: Full tempted murder Forlonius Assault. 144 00:07:10,840 --> 00:07:13,400 Speaker 1: Marty was arrested for a drive by shooting at the 145 00:07:13,520 --> 00:07:17,880 Speaker 1: University of Cincinnati. Two men had been injured, but Marty 146 00:07:17,960 --> 00:07:20,680 Speaker 1: says he hadn't been involved and the case against him 147 00:07:21,000 --> 00:07:21,880 Speaker 1: didn't go very far. 148 00:07:22,200 --> 00:07:26,720 Speaker 2: The witness that got shot he dated my little sister 149 00:07:26,960 --> 00:07:31,000 Speaker 2: at the time, and so he even coming there like, yeah, 150 00:07:31,080 --> 00:07:33,400 Speaker 2: I know who shot me. He ain't shoot me. Yeah 151 00:07:33,400 --> 00:07:34,840 Speaker 2: he was up there. I seen him up there, but 152 00:07:34,920 --> 00:07:37,560 Speaker 2: he ain't shoot me. And so that case ended up 153 00:07:37,600 --> 00:07:38,880 Speaker 2: getting dismissed. 154 00:07:40,120 --> 00:07:44,360 Speaker 1: Still, Marty was on the police's radar now more than ever. 155 00:07:44,880 --> 00:07:48,360 Speaker 1: And not long after, Marty was arrested for another shooting, 156 00:07:49,000 --> 00:07:52,560 Speaker 1: but this time there was no survivor to say it 157 00:07:52,640 --> 00:08:02,200 Speaker 1: wasn't Marty. On the evening of December twenty eighth, two 158 00:08:02,200 --> 00:08:05,880 Speaker 1: thousand and seven, two shooters opened fire at the Hawaiian 159 00:08:05,960 --> 00:08:09,760 Speaker 1: Terraces apartment complex. So do you remember when this happened? 160 00:08:10,160 --> 00:08:11,520 Speaker 2: Yes, I remember like yesterday. 161 00:08:11,560 --> 00:08:12,360 Speaker 1: Tell me what you remember. 162 00:08:12,440 --> 00:08:15,520 Speaker 2: Well, what happened was, So I'm in the house. I'm 163 00:08:15,520 --> 00:08:17,360 Speaker 2: in the house. I'm on my mother houses. Three days 164 00:08:17,360 --> 00:08:19,720 Speaker 2: after Christmas, I got my daughter with me. So I'm in. 165 00:08:19,840 --> 00:08:21,560 Speaker 2: I'm in the house. I was actually laying down because 166 00:08:21,560 --> 00:08:24,840 Speaker 2: I had a real bad migraine. I received a call 167 00:08:25,000 --> 00:08:27,600 Speaker 2: by a friend of my friend of mine name Andre. 168 00:08:29,160 --> 00:08:32,640 Speaker 2: He called me. He said, brother, I heard a lot 169 00:08:32,679 --> 00:08:36,199 Speaker 2: of gunshots out here. He go outside, he says, ambulance, 170 00:08:36,280 --> 00:08:39,040 Speaker 2: fire trucks everywhere. I say, wow, what happened? So he 171 00:08:39,120 --> 00:08:42,600 Speaker 2: ended up asking somebody. They said what happened? He said, man, 172 00:08:42,679 --> 00:08:43,679 Speaker 2: somebody just got killed. 173 00:08:44,360 --> 00:08:48,079 Speaker 1: The victim was nineteen year old Michael Grace. According to reports, 174 00:08:48,440 --> 00:08:50,520 Speaker 1: Grace had been living with his aunt at the Hawaiian 175 00:08:50,600 --> 00:08:54,840 Speaker 1: Terrorists Apartment Complex. Prosecutor said that the teenager had been 176 00:08:54,840 --> 00:08:57,680 Speaker 1: trying to escape his former connections to a gang called 177 00:08:57,720 --> 00:09:01,679 Speaker 1: the Taliband, but on December twenty eighth, that former life 178 00:09:01,720 --> 00:09:04,640 Speaker 1: caught up with him. Grace was in a car with 179 00:09:04,679 --> 00:09:08,120 Speaker 1: his friend Carlos Mayo when members of a rival gang 180 00:09:08,200 --> 00:09:11,320 Speaker 1: allegedly picked a fight with them, which ended in his 181 00:09:11,360 --> 00:09:12,120 Speaker 1: fatal shooting. 182 00:09:12,440 --> 00:09:14,280 Speaker 2: There So I got up. I went in my mother 183 00:09:14,440 --> 00:09:17,040 Speaker 2: room and I said, Mom, somebody just got killed in 184 00:09:17,040 --> 00:09:20,800 Speaker 2: Hawaiian Village because we called it Hawaiian Village too. I said, well, man, 185 00:09:20,920 --> 00:09:23,160 Speaker 2: you know they will try to put that on me. 186 00:09:23,880 --> 00:09:26,760 Speaker 1: Remember, Marty used to live at Hawaiian Terrace before his 187 00:09:26,760 --> 00:09:29,240 Speaker 1: family was evicted. He was connected there. 188 00:09:29,360 --> 00:09:32,600 Speaker 2: She said, well, you went out there, you was right here. 189 00:09:32,920 --> 00:09:35,640 Speaker 1: But Marty knew his relationship with the streets and the 190 00:09:35,640 --> 00:09:37,600 Speaker 1: police would work against him. 191 00:09:37,880 --> 00:09:41,040 Speaker 2: My name always came up when something happened, even in 192 00:09:41,080 --> 00:09:43,280 Speaker 2: why I wasn't even being in that area no more, 193 00:09:43,400 --> 00:09:44,600 Speaker 2: My nave still came up. 194 00:09:45,000 --> 00:09:46,320 Speaker 1: Why did you think they were going to try and 195 00:09:46,320 --> 00:09:46,760 Speaker 1: put it on you? 196 00:09:47,120 --> 00:09:50,880 Speaker 2: Anytime something happened, they either go questioned me, or pull 197 00:09:51,000 --> 00:09:53,480 Speaker 2: me over, or do something like that. So I knew 198 00:09:53,559 --> 00:09:56,040 Speaker 2: that area. I knew either they go try to put 199 00:09:56,040 --> 00:09:58,000 Speaker 2: this on me, they go come question me, they go 200 00:09:58,200 --> 00:09:58,720 Speaker 2: do something. 201 00:09:58,760 --> 00:10:02,080 Speaker 1: But they didn't, at least not until after the New Year, 202 00:10:02,320 --> 00:10:05,240 Speaker 1: when a witness named Savannah Sorels appeared. 203 00:10:05,640 --> 00:10:09,400 Speaker 3: So she was a young woman who lived in the area, 204 00:10:09,679 --> 00:10:11,920 Speaker 3: lived in a position where she could see the shooting 205 00:10:12,000 --> 00:10:13,439 Speaker 3: from a window in her house. 206 00:10:13,679 --> 00:10:15,160 Speaker 1: This is Donald Castor. 207 00:10:15,280 --> 00:10:18,079 Speaker 3: I'm an attorney and a professor of clinical law at 208 00:10:18,080 --> 00:10:21,320 Speaker 3: the Ohio Nissance Project at the University of Cincinnati, and 209 00:10:21,400 --> 00:10:23,560 Speaker 3: I was privileged to be one of Marty's attorneys. In 210 00:10:23,559 --> 00:10:24,600 Speaker 3: his post conviction. 211 00:10:24,400 --> 00:10:27,960 Speaker 1: Proceedings, Donald says that Sorels told police she saw Marty 212 00:10:28,040 --> 00:10:32,640 Speaker 1: and his co defendant David Johnson kill Michael Grace, and when. 213 00:10:32,480 --> 00:10:34,800 Speaker 3: They showed her a picture of Marty and out of David, 214 00:10:35,200 --> 00:10:40,840 Speaker 3: she said to each that that was them. So Marty 215 00:10:40,880 --> 00:10:41,800 Speaker 3: and David were charged. 216 00:10:42,040 --> 00:10:44,680 Speaker 1: Once in custody, Marty tried to tell the police that 217 00:10:44,720 --> 00:10:47,199 Speaker 1: he'd been home with his mom and daughter the night 218 00:10:47,240 --> 00:10:50,080 Speaker 1: of the shooting, that they were making a mistake, just 219 00:10:50,120 --> 00:10:54,280 Speaker 1: like last time, except this time friends and relatives of 220 00:10:54,280 --> 00:10:56,560 Speaker 1: Michael Grace were pointing the finger. 221 00:10:57,200 --> 00:11:00,400 Speaker 2: Now I have a whole neighborhood that's saying that they 222 00:11:00,400 --> 00:11:04,319 Speaker 2: think they thinking that I killed their cousin, brother, our friend, whoever. 223 00:11:04,880 --> 00:11:07,560 Speaker 2: And so that's what made that one different. 224 00:11:07,840 --> 00:11:12,240 Speaker 1: And this time detectives had Robert Taylor, a jail house informant. 225 00:11:12,600 --> 00:11:16,680 Speaker 3: Robert would come forward to the lead investigator on Marty's 226 00:11:16,720 --> 00:11:21,880 Speaker 3: case and say that he heard Marty and David talking 227 00:11:21,920 --> 00:11:26,720 Speaker 3: about the case through the air ducks in the Hamilton 228 00:11:26,760 --> 00:11:27,880 Speaker 3: County Justice Center. 229 00:11:28,000 --> 00:11:30,800 Speaker 1: That's the jail Marty and his co defendant David Johnson 230 00:11:30,920 --> 00:11:34,600 Speaker 1: were being held in. Robert Taylor claimed that through the 231 00:11:34,640 --> 00:11:38,000 Speaker 1: air ducks he'd heard Marty admit that he'd killed Grace, 232 00:11:38,559 --> 00:11:41,079 Speaker 1: that they were members of rival gangs and they were 233 00:11:41,080 --> 00:11:45,800 Speaker 1: fighting over stolen guns before the shooting. Marty says Taylor 234 00:11:45,920 --> 00:11:47,920 Speaker 1: was known in the jail as a snake. 235 00:11:48,240 --> 00:11:53,080 Speaker 2: They caught him white chocolate. Watch him. He is snitched. 236 00:11:53,120 --> 00:11:55,480 Speaker 2: He jumping on people's cases. He doing this and doing that. 237 00:11:55,840 --> 00:11:58,720 Speaker 1: So Marty stayed away from him, but it didn't matter. 238 00:11:59,080 --> 00:12:02,120 Speaker 2: I end up getting the a visit from my attorney 239 00:12:02,600 --> 00:12:05,120 Speaker 2: and he basically was telling me who they was using 240 00:12:05,160 --> 00:12:08,200 Speaker 2: against me on my case. And he showed me a 241 00:12:08,200 --> 00:12:11,280 Speaker 2: picture of him. Said do you know this guy? I said, 242 00:12:12,200 --> 00:12:14,680 Speaker 2: that's the jail house snitch that'd be running around here. 243 00:12:14,720 --> 00:12:16,920 Speaker 2: He's like, well, yeah, they're about to use They want 244 00:12:16,960 --> 00:12:18,440 Speaker 2: to use him as a witness on your case. 245 00:12:18,920 --> 00:12:23,000 Speaker 1: Police had an informant making serious accusations, but over the 246 00:12:23,000 --> 00:12:26,640 Speaker 1: following months, the rest of their case against Marty seemed 247 00:12:26,679 --> 00:12:30,680 Speaker 1: to fall apart. At a pre trial hearing, Savannah Sorel's 248 00:12:30,760 --> 00:12:33,400 Speaker 1: a key witness, changed her statement. 249 00:12:33,760 --> 00:12:37,360 Speaker 3: Savannah came into court and said again, Now, I said 250 00:12:37,360 --> 00:12:40,560 Speaker 3: it with Marty, but I didn't actually see Marty. She said, 251 00:12:40,600 --> 00:12:41,240 Speaker 3: I saw David. 252 00:12:41,600 --> 00:12:44,440 Speaker 1: Remember David was Marty's co defendant. 253 00:12:44,200 --> 00:12:47,160 Speaker 3: And I knew that David and Marty hung around together 254 00:12:47,360 --> 00:12:50,280 Speaker 3: a lot, so I assumed that it was Marty with him, 255 00:12:50,679 --> 00:12:52,760 Speaker 3: but I didn't actually see who was with David. I 256 00:12:52,760 --> 00:12:55,600 Speaker 3: could just see that there was somebody with David, and 257 00:12:55,679 --> 00:12:57,880 Speaker 3: she said that, you know, at under oath. 258 00:12:58,760 --> 00:13:01,560 Speaker 1: In a pre trial court, Procene and Carlos Mayo, the 259 00:13:01,600 --> 00:13:05,400 Speaker 1: person who was with Michael Grace during the shootout, told 260 00:13:05,440 --> 00:13:08,360 Speaker 1: the authorities that Marty hadn't been there the night of 261 00:13:08,400 --> 00:13:09,560 Speaker 1: December twenty eighth. 262 00:13:09,559 --> 00:13:11,800 Speaker 2: When he testified say he was firing and my code defended, 263 00:13:12,280 --> 00:13:15,200 Speaker 2: And they asked him like, okay, did you know do 264 00:13:15,240 --> 00:13:17,520 Speaker 2: you know more? To he said, well, I know him 265 00:13:17,600 --> 00:13:20,880 Speaker 2: enough to identify him if I if I seen if 266 00:13:20,920 --> 00:13:22,560 Speaker 2: he was there, I would have seen him. I would 267 00:13:22,600 --> 00:13:24,320 Speaker 2: have knew he was there. But no, I ain knew 268 00:13:24,320 --> 00:13:25,960 Speaker 2: of him until they put him on the news. 269 00:13:26,000 --> 00:13:27,840 Speaker 1: This sounds so crazy to me. I feel like there's 270 00:13:27,840 --> 00:13:31,079 Speaker 1: more people saying he wasn't there than he was there. 271 00:13:31,640 --> 00:13:34,320 Speaker 3: There was nobody who said he was there, besides. 272 00:13:33,960 --> 00:13:37,560 Speaker 1: Robert Taylor, the snitch, right, the snitch who turns out 273 00:13:38,040 --> 00:13:40,880 Speaker 1: was getting a pretty sweet deal for testifying. 274 00:13:41,200 --> 00:13:45,160 Speaker 3: He offered testimony to support the police because he was 275 00:13:45,200 --> 00:13:47,720 Speaker 3: facing a murder charge. It was the first major offense 276 00:13:47,760 --> 00:13:50,160 Speaker 3: he had been charged with. It's pretty clear he was 277 00:13:50,200 --> 00:13:53,640 Speaker 3: scared and didn't want to convicted, And in fact, he 278 00:13:53,720 --> 00:13:56,800 Speaker 3: got a monster plead deal from the prosecution in that case, 279 00:13:57,240 --> 00:13:59,880 Speaker 3: was allowed to plead the involuntary manslaughter only did it 280 00:14:00,000 --> 00:14:03,400 Speaker 3: few years in prison to testify to testify against Marty 281 00:14:03,440 --> 00:14:06,599 Speaker 3: and others. But Marty was sort of the Marty and 282 00:14:06,679 --> 00:14:08,439 Speaker 3: David was sort of the big case. 283 00:14:09,080 --> 00:14:10,240 Speaker 2: That got him that deal. 284 00:14:10,800 --> 00:14:13,480 Speaker 1: But with the pre trial testimony of Sorrels and Mayo 285 00:14:13,679 --> 00:14:17,720 Speaker 1: in his favor, Marty thought surely the charges against him 286 00:14:17,760 --> 00:14:21,640 Speaker 1: would be dismissed. But then the judge set a trial date. 287 00:14:22,040 --> 00:14:24,680 Speaker 2: I'm like a trial date, Like, I mean, I really 288 00:14:24,680 --> 00:14:26,120 Speaker 2: about to say the trial and is I got a 289 00:14:26,160 --> 00:14:29,840 Speaker 2: whole witness getting up here saying and I commit this crime. 290 00:14:29,800 --> 00:14:32,400 Speaker 1: Even though it might seem really weak to take to trial. 291 00:14:32,840 --> 00:14:35,040 Speaker 3: There was a lot of pressure to get this case 292 00:14:35,160 --> 00:14:39,920 Speaker 3: solved and resolved because at the time, there was an increase, 293 00:14:40,000 --> 00:14:43,680 Speaker 3: or at least a perceived increase in gun violence in Cincinnati. 294 00:14:44,120 --> 00:14:47,680 Speaker 3: There was a lot of impetus to put somebody away 295 00:14:47,720 --> 00:14:48,320 Speaker 3: for this crime. 296 00:14:50,760 --> 00:14:54,760 Speaker 1: Amid this climate with fear of violence and constant stories 297 00:14:54,800 --> 00:14:58,160 Speaker 1: of gangs in the nightly news. Marty went to trial 298 00:14:58,240 --> 00:15:01,360 Speaker 1: in January of two thousand and nine, prosecuted by Gus 299 00:15:01,440 --> 00:15:12,880 Speaker 1: Leone and Anne Flanagan. So tell me about trial. So 300 00:15:12,960 --> 00:15:16,000 Speaker 1: in my notes, I actually don't have any kind of defense. 301 00:15:16,240 --> 00:15:18,520 Speaker 1: Really did that actually happen? Was there no defense? 302 00:15:18,880 --> 00:15:22,360 Speaker 3: Well, so it's it's I'm trying to remember, did help 303 00:15:22,400 --> 00:15:24,080 Speaker 3: put your family on this an ALTI? 304 00:15:24,320 --> 00:15:27,960 Speaker 1: Marty's defense attorney in two thousand and nine was Hal Arenstein. 305 00:15:28,400 --> 00:15:31,640 Speaker 2: No, okay, yeah, we talked. I talked to Hall about that, 306 00:15:32,200 --> 00:15:35,120 Speaker 2: and he was like, you know, putting the putting your 307 00:15:35,120 --> 00:15:37,880 Speaker 2: family up there, They go, okay, you put your mom's 308 00:15:37,960 --> 00:15:40,840 Speaker 2: up there. They go your mom? Alaugh, oh you you 309 00:15:40,880 --> 00:15:43,120 Speaker 2: put your this and that? Like but when I look 310 00:15:43,200 --> 00:15:44,840 Speaker 2: back now, I'm like, I should have put my mom 311 00:15:44,920 --> 00:15:45,240 Speaker 2: up there. 312 00:15:45,360 --> 00:15:46,800 Speaker 1: So I went up there for you. 313 00:15:46,880 --> 00:15:47,640 Speaker 2: No one, no, no one. 314 00:15:47,680 --> 00:15:49,960 Speaker 3: There was no defense presented, and that was a pretty 315 00:15:49,960 --> 00:15:55,000 Speaker 3: common defense perception that juris don't believe alibis from family members. 316 00:15:55,160 --> 00:15:58,520 Speaker 1: Sure, but how was he defense without a defense? 317 00:15:58,640 --> 00:16:01,120 Speaker 3: So I think the idea, and let me be very 318 00:16:01,120 --> 00:16:05,160 Speaker 3: clear about this, Hall is a really good attorney. I 319 00:16:05,320 --> 00:16:07,920 Speaker 3: take no issues with anything that Hal did in this case. 320 00:16:09,200 --> 00:16:11,640 Speaker 2: I think the idea that was that this case was 321 00:16:11,760 --> 00:16:12,680 Speaker 2: just so weak. 322 00:16:12,480 --> 00:16:16,200 Speaker 3: From the prosecution's point of view that no jury would convict. 323 00:16:16,240 --> 00:16:18,160 Speaker 3: And I think that if this case were tried today 324 00:16:18,200 --> 00:16:22,360 Speaker 3: on that evidence, juries were skeptical enough that they wouldn't. 325 00:16:22,880 --> 00:16:25,840 Speaker 3: But in two thousand and eight, before there was a 326 00:16:25,880 --> 00:16:28,960 Speaker 3: little bit of the more sophistication that the jury seemed 327 00:16:29,000 --> 00:16:32,840 Speaker 3: to have now, and when people in that time were 328 00:16:33,120 --> 00:16:39,560 Speaker 3: afraid of the perception of increasing gun violence, Marty was convicted. 329 00:16:41,800 --> 00:16:46,200 Speaker 1: Sentenced to thirty one years to life for murder, felonious assault, 330 00:16:46,720 --> 00:16:48,080 Speaker 1: and tampering with evidence. 331 00:16:49,280 --> 00:16:53,360 Speaker 2: When they say it guilty, I'll say, I'll say how like, 332 00:16:53,560 --> 00:16:56,640 Speaker 2: I mean like what, I'm like, I look back, my 333 00:16:56,720 --> 00:17:00,720 Speaker 2: mom said we'll pill it, and I'm like like wow, 334 00:17:00,840 --> 00:17:05,240 Speaker 2: So like it it ain't kick in right away because 335 00:17:05,359 --> 00:17:07,400 Speaker 2: I still ain't know the law. I still I never 336 00:17:07,440 --> 00:17:10,960 Speaker 2: been to prison before, so I ain't know how nothing 337 00:17:11,160 --> 00:17:13,440 Speaker 2: was I ain't know how the process is with these 338 00:17:13,480 --> 00:17:16,199 Speaker 2: appeals and stuff like that. I ain't know. I just 339 00:17:16,240 --> 00:17:18,440 Speaker 2: ain't know nothing. I was lost in the whole situation. 340 00:17:19,320 --> 00:17:22,320 Speaker 1: Shortly after his conviction, while he was still trying to 341 00:17:22,359 --> 00:17:26,360 Speaker 1: process everything, Marty says, his grandma sent him a passage 342 00:17:26,359 --> 00:17:27,520 Speaker 1: from the Bible. 343 00:17:28,000 --> 00:17:31,080 Speaker 2: Song twenty three The Lord is My Shepherd. Shend me 344 00:17:31,080 --> 00:17:33,480 Speaker 2: that scripture and she said, baby, she told me, like, 345 00:17:33,520 --> 00:17:35,359 Speaker 2: you ain't gonna be able to do that without God. 346 00:17:35,560 --> 00:17:38,680 Speaker 1: So Marty says, he continued reading the Bible and started 347 00:17:38,720 --> 00:17:39,560 Speaker 1: going to church. 348 00:17:39,840 --> 00:17:41,640 Speaker 2: I need some hope, I needed some faith, I needed 349 00:17:41,640 --> 00:17:42,080 Speaker 2: some beast. 350 00:17:42,320 --> 00:17:44,720 Speaker 1: And he started to reckon with the life he led 351 00:17:44,760 --> 00:17:45,479 Speaker 1: before prison. 352 00:17:45,760 --> 00:17:50,840 Speaker 2: I'm locked up for something I ain't do. But whow 353 00:17:50,920 --> 00:17:52,760 Speaker 2: I'm locked up? So I had to start looking at 354 00:17:52,960 --> 00:17:56,520 Speaker 2: looking at that something led up to this, And that's 355 00:17:56,520 --> 00:18:00,000 Speaker 2: when it got to show in my lifestyle. The lifestyle 356 00:18:00,000 --> 00:18:02,200 Speaker 2: while I was living lay it up to this. Because 357 00:18:02,240 --> 00:18:03,800 Speaker 2: if I wan't in the streets, if I wasn't running 358 00:18:03,800 --> 00:18:06,720 Speaker 2: around saying that don't happen to them, that happened to 359 00:18:06,760 --> 00:18:10,280 Speaker 2: people like that. But I'm if I wasn't running the streets, 360 00:18:10,280 --> 00:18:13,320 Speaker 2: my name would it never came up in that at all. 361 00:18:13,720 --> 00:18:16,840 Speaker 1: So Marty says he decided he was going to change. 362 00:18:21,240 --> 00:18:23,280 Speaker 2: So I'm like, let me, let me get me together, 363 00:18:23,920 --> 00:18:26,760 Speaker 2: let me let me learn how to be a father. 364 00:18:27,400 --> 00:18:29,600 Speaker 2: So I started taking classes on dad and I and 365 00:18:30,560 --> 00:18:33,280 Speaker 2: you know, fatherhood classes don't how to be a father 366 00:18:33,520 --> 00:18:36,199 Speaker 2: or you know, like even even how to be a 367 00:18:36,359 --> 00:18:38,560 Speaker 2: husband or how to be a brother, how to be 368 00:18:38,720 --> 00:18:40,840 Speaker 2: how to beat those and what do it really mean? 369 00:18:40,880 --> 00:18:46,679 Speaker 2: Because I was taught wrong. I stay focused, and you know, 370 00:18:46,760 --> 00:18:53,399 Speaker 2: I became facilitators of programs in there, you know self, 371 00:18:53,480 --> 00:18:56,200 Speaker 2: Like we had a program called real Man where you 372 00:18:56,280 --> 00:18:57,960 Speaker 2: got guys talking to the youth that's coming and we 373 00:18:58,000 --> 00:18:59,919 Speaker 2: got guys coming there like eighteen years old. So like 374 00:19:00,040 --> 00:19:02,639 Speaker 2: I'm doing things like that through the chat pacer on 375 00:19:02,760 --> 00:19:07,199 Speaker 2: Real Man programs. Family First, I was consistent and I 376 00:19:07,280 --> 00:19:10,640 Speaker 2: worked out, exercised the lots when in the law library, 377 00:19:10,760 --> 00:19:12,960 Speaker 2: just read a lot of stuff like that, and it 378 00:19:13,080 --> 00:19:13,560 Speaker 2: changed me. 379 00:19:16,359 --> 00:19:19,439 Speaker 1: Marty put in a ton of work on himself and 380 00:19:19,480 --> 00:19:23,560 Speaker 1: his case for years. He appealed his case on issues 381 00:19:23,680 --> 00:19:28,160 Speaker 1: like suggestive witness identification because police had shown Sorels only 382 00:19:28,440 --> 00:19:32,160 Speaker 1: one photograph instead of a lineup to confirm Marty as 383 00:19:32,160 --> 00:19:35,960 Speaker 1: the shooter, plus another witness had come forward claiming that 384 00:19:36,040 --> 00:19:39,800 Speaker 1: she'd seen the shooting and Marty hadn't been involved. Also, 385 00:19:40,480 --> 00:19:43,239 Speaker 1: Marty wanted DNA testing on the shell casings found at 386 00:19:43,240 --> 00:19:48,119 Speaker 1: the scene, but all his appeals were denied. So Marty 387 00:19:48,200 --> 00:19:51,159 Speaker 1: wrote the Ohio Innocence Project. And he waited. 388 00:19:55,000 --> 00:19:58,000 Speaker 2: So one day I'm sitting up in a bed. It 389 00:19:58,000 --> 00:20:01,879 Speaker 2: was twenty twelve, and so he said, levis, do you 390 00:20:01,880 --> 00:20:05,320 Speaker 2: have a visit. So I'm like, I'm like, Damn, I 391 00:20:05,359 --> 00:20:07,359 Speaker 2: wonder who this is. I ain't got no visit set up, Like, 392 00:20:08,080 --> 00:20:09,960 Speaker 2: I don't know if somebody was coming to visit me. 393 00:20:10,320 --> 00:20:12,280 Speaker 2: So I'm like, so I'm thinking, I'm like, oh, that 394 00:20:12,400 --> 00:20:14,480 Speaker 2: must be somebody important. So I went ahead and hurry 395 00:20:14,520 --> 00:20:15,320 Speaker 2: up put my stuff on. 396 00:20:15,680 --> 00:20:18,760 Speaker 1: When Marty got to the visiting room, it was Donald. 397 00:20:19,080 --> 00:20:21,040 Speaker 2: So I come in there. He got he gotta he 398 00:20:21,080 --> 00:20:23,720 Speaker 2: got a missus Donald. He got a look on his face. 399 00:20:24,359 --> 00:20:26,159 Speaker 2: Mister Donald got a serious look on his face. He 400 00:20:26,359 --> 00:20:28,600 Speaker 2: you know I'm coming in here, Like hold on, I 401 00:20:28,640 --> 00:20:31,000 Speaker 2: know he want he won't playing no games. So I'm like, 402 00:20:31,040 --> 00:20:32,680 Speaker 2: he coming there, you know, he talking to me. I'll 403 00:20:32,680 --> 00:20:35,280 Speaker 2: tell him he's going though. He say he said, give 404 00:20:35,320 --> 00:20:37,320 Speaker 2: me a few days and I'm gonna talk to somebody. 405 00:20:37,359 --> 00:20:39,080 Speaker 2: I ain't telling you it's a goal yet, but I'm 406 00:20:39,119 --> 00:20:41,399 Speaker 2: gonna talk to somebody and just call me Monday and 407 00:20:41,400 --> 00:20:43,439 Speaker 2: see what's up. So I went back praying, but I 408 00:20:43,480 --> 00:20:46,000 Speaker 2: called my mama, like and it's a project. Can't see me. 409 00:20:46,040 --> 00:20:47,199 Speaker 2: I don't think the guy liked me. 410 00:20:48,359 --> 00:20:51,680 Speaker 1: But meanwhile, Donald couldn't wait to get started. 411 00:20:51,920 --> 00:20:54,000 Speaker 3: I came back to the office and I started telling 412 00:20:54,040 --> 00:20:56,480 Speaker 3: everybody either they got to senizent guy Marty Levingston, and 413 00:20:56,520 --> 00:20:57,479 Speaker 3: we gotta get him out and here. 414 00:20:57,560 --> 00:21:00,679 Speaker 1: So Donald and the Ohio Innocence Project to work on 415 00:21:00,720 --> 00:21:05,200 Speaker 1: Marty's case for years. They tried to find new evidence 416 00:21:05,240 --> 00:21:08,880 Speaker 1: to get Marty back in court. Then their break came 417 00:21:09,040 --> 00:21:12,160 Speaker 1: in twenty twenty one. Because of developments in what's known 418 00:21:12,240 --> 00:21:16,760 Speaker 1: as touch DNA testing. Donald and his team applied for 419 00:21:16,880 --> 00:21:20,359 Speaker 1: post conviction testing on all the evidence that hadn't been 420 00:21:20,400 --> 00:21:25,600 Speaker 1: analyzed for prince and DNA during the original investigation. They 421 00:21:25,640 --> 00:21:29,360 Speaker 1: were appealing to the same judge that had denied Marty's 422 00:21:29,400 --> 00:21:33,240 Speaker 1: previous appeal, but this time the judge wanted to have 423 00:21:33,280 --> 00:21:37,040 Speaker 1: a hearing to find out what evidence existed that could 424 00:21:37,200 --> 00:21:39,480 Speaker 1: prove Marty's innocence, and she said. 425 00:21:39,320 --> 00:21:41,200 Speaker 3: Maybe I'll grant it, but I want to have the hearing, 426 00:21:41,280 --> 00:21:44,439 Speaker 3: and I want to make this state tell us what 427 00:21:44,520 --> 00:21:46,280 Speaker 3: evidence exists that could be tested. 428 00:21:46,640 --> 00:21:51,680 Speaker 1: But that never happened. Before any DNA testing could materialize, 429 00:21:52,200 --> 00:21:55,880 Speaker 1: prosecutors went back to Marty with a new deal, and. 430 00:21:55,880 --> 00:21:58,920 Speaker 3: At that point the prosecution was willing to offer what's 431 00:21:58,960 --> 00:22:00,320 Speaker 3: called this dark please deal. 432 00:22:00,760 --> 00:22:04,840 Speaker 4: So the key to understanding what a dark plea is 433 00:22:04,840 --> 00:22:06,200 Speaker 4: is when it's offered. 434 00:22:06,680 --> 00:22:09,000 Speaker 1: Okay, this is Justice Michael Donnelly. 435 00:22:09,640 --> 00:22:14,040 Speaker 4: I presently serve as an Associate Justice on the Ohio 436 00:22:14,080 --> 00:22:18,840 Speaker 4: Supreme Court, where I've served since two thousand and nineteen. 437 00:22:19,240 --> 00:22:22,520 Speaker 1: Justice Donnelly is an expert and a vocal critic of 438 00:22:22,560 --> 00:22:27,160 Speaker 1: what he calls dark pleas, which are deals prosecutors make 439 00:22:27,200 --> 00:22:31,240 Speaker 1: behind closed doors with people who claim they've been wrongfully convicted, 440 00:22:31,359 --> 00:22:33,960 Speaker 1: who are looking for a new trial, like Marty. 441 00:22:34,320 --> 00:22:36,959 Speaker 4: When you're on the front lines of the system and 442 00:22:37,040 --> 00:22:40,280 Speaker 4: you see the injustice that occurs as a result of 443 00:22:40,320 --> 00:22:45,800 Speaker 4: a non transparent system and people being coerced into plea bargains, 444 00:22:45,800 --> 00:22:48,960 Speaker 4: that should not I think it's an obligation on all 445 00:22:49,080 --> 00:22:50,240 Speaker 4: judges to speak. 446 00:22:50,040 --> 00:22:53,040 Speaker 1: Up but he didn't always have dreams of advocating for 447 00:22:53,320 --> 00:22:59,280 Speaker 1: justice and practicing law. He actually wanted to be a musician. 448 00:23:02,840 --> 00:23:06,080 Speaker 4: So the music career didn't work out the way I expected. 449 00:23:06,200 --> 00:23:09,720 Speaker 4: But I've been able to incorporate my love of music 450 00:23:09,880 --> 00:23:10,680 Speaker 4: into my life. 451 00:23:10,760 --> 00:23:13,000 Speaker 1: In his mid forties, he started a band. 452 00:23:13,560 --> 00:23:16,000 Speaker 4: We're called Faith and Whiskey, and our motto is, if 453 00:23:16,000 --> 00:23:18,359 Speaker 4: you don't have one, you better have the other. We 454 00:23:18,480 --> 00:23:22,360 Speaker 4: do a lot of benefits, including the Legal Aid benefit 455 00:23:22,440 --> 00:23:26,200 Speaker 4: here in Cleveland, which is the legal event of the summer. 456 00:23:26,240 --> 00:23:28,359 Speaker 4: I call it the Jam for Justice. 457 00:23:28,640 --> 00:23:31,440 Speaker 1: So you find being a rocker at night Supreme Court 458 00:23:31,600 --> 00:23:33,720 Speaker 1: judge by day they work well. 459 00:23:33,600 --> 00:23:35,680 Speaker 4: Say yeah, well, my kids think it's cool. 460 00:23:36,119 --> 00:23:39,320 Speaker 1: Justice Donnelly says he used law school as a delay 461 00:23:39,440 --> 00:23:42,679 Speaker 1: tactic to get his music career off the ground. But 462 00:23:42,760 --> 00:23:46,280 Speaker 1: next thing he knew, he was an assistant county prosecutor 463 00:23:46,640 --> 00:23:47,119 Speaker 1: and then. 464 00:23:47,040 --> 00:23:50,480 Speaker 4: Went into civil liedication, practiced a total of twelve years 465 00:23:50,480 --> 00:23:53,760 Speaker 4: before taking the bench as a trial court judge. 466 00:23:54,080 --> 00:23:57,719 Speaker 1: Justice Donnelly was a trial court judge for fourteen years. 467 00:23:58,040 --> 00:24:05,760 Speaker 4: So I'm fully aware through my observations during those fourteen 468 00:24:05,840 --> 00:24:14,400 Speaker 4: years of the coercive nature of plea bargaining as it exists. 469 00:24:14,080 --> 00:24:18,359 Speaker 1: In the modern day please or deals where the defense, prosecution, 470 00:24:18,600 --> 00:24:21,199 Speaker 1: and judge come to an agreement on a conviction and 471 00:24:21,280 --> 00:24:23,960 Speaker 1: sentencing instead of at trial. 472 00:24:24,600 --> 00:24:27,480 Speaker 4: And very early on in my career, and what I 473 00:24:27,560 --> 00:24:30,080 Speaker 4: describe as one of the biggest epiphanies of my career, 474 00:24:30,960 --> 00:24:34,080 Speaker 4: I began the question the ethics of what takes place 475 00:24:34,080 --> 00:24:34,920 Speaker 4: in that back room. 476 00:24:35,080 --> 00:24:38,159 Speaker 1: He says, judges have outsized power when it comes to 477 00:24:38,280 --> 00:24:39,920 Speaker 1: backroom negotiations. 478 00:24:40,280 --> 00:24:45,359 Speaker 4: There's no objective criteria that judges use to accept or 479 00:24:45,440 --> 00:24:48,840 Speaker 4: reject a plea bargain. Like sometimes you might be in 480 00:24:48,880 --> 00:24:52,080 Speaker 4: a judge's back room chambers and that you've come to 481 00:24:52,160 --> 00:24:56,879 Speaker 4: an agreed sentence with the prosecution and the defense, and 482 00:24:56,920 --> 00:25:00,600 Speaker 4: the judge might say, I don't agree with that. I 483 00:25:00,600 --> 00:25:03,320 Speaker 4: think this person has to do five or ten or whatever. 484 00:25:03,760 --> 00:25:07,240 Speaker 4: And this gets set in the back room and the 485 00:25:07,359 --> 00:25:10,840 Speaker 4: questions never raise. You know what guides the judge to 486 00:25:10,920 --> 00:25:11,320 Speaker 4: do that. 487 00:25:11,680 --> 00:25:14,439 Speaker 1: Now, when it comes to people like Marty, people have 488 00:25:14,440 --> 00:25:17,879 Speaker 1: been convicted but claim they're innocent, Justice Donnelly says, the 489 00:25:17,960 --> 00:25:21,000 Speaker 1: deck is even further stacked against them. 490 00:25:21,200 --> 00:25:26,480 Speaker 4: It is very difficult to have the court system look 491 00:25:26,520 --> 00:25:30,720 Speaker 4: at your case for a second time and reconsider. 492 00:25:30,040 --> 00:25:32,720 Speaker 1: It, and judges can take their time deciding on a 493 00:25:32,720 --> 00:25:34,280 Speaker 1: post conviction case. 494 00:25:34,080 --> 00:25:39,000 Speaker 4: And the judges sometimes let those motions languish for years. 495 00:25:39,480 --> 00:25:43,080 Speaker 4: For years, there's no speedy trial or the equivalent of 496 00:25:43,080 --> 00:25:45,120 Speaker 4: speedy trial rights for innocence claimants. 497 00:25:45,440 --> 00:25:48,679 Speaker 1: In Marty's case, it took several rounds before a judge 498 00:25:48,680 --> 00:25:52,399 Speaker 1: even agreed to allow DNA testing, which could have opened 499 00:25:52,440 --> 00:25:59,240 Speaker 1: the doors for a brand new trial. But before Marty 500 00:25:59,320 --> 00:26:02,920 Speaker 1: got a second chance at proving his innocence, the prosecution 501 00:26:03,080 --> 00:26:23,240 Speaker 1: approached him with a new deal, the dark Plea. Here's 502 00:26:23,280 --> 00:26:25,359 Speaker 1: Marty's attorney, Donald Caster again. 503 00:26:26,000 --> 00:26:28,600 Speaker 3: So what they said is, look, we will support emotion 504 00:26:28,760 --> 00:26:31,040 Speaker 3: for a new trial, and the basis for the motion 505 00:26:31,160 --> 00:26:33,240 Speaker 3: of the new trial is just going to be we, 506 00:26:33,359 --> 00:26:37,240 Speaker 3: the prosecutors, believe that Marty was over sentenced. In exchange, 507 00:26:37,400 --> 00:26:41,199 Speaker 3: we will expect Marty to plead guilty to involuntary manslaughter. 508 00:26:41,560 --> 00:26:44,920 Speaker 3: He will be immediately eligible for release and the case 509 00:26:44,920 --> 00:26:47,520 Speaker 3: will be behind him. And it's a tough thing. I 510 00:26:47,560 --> 00:26:48,480 Speaker 3: don't you. 511 00:26:48,440 --> 00:26:50,560 Speaker 1: Know what was the option if you didn't take. 512 00:26:50,440 --> 00:26:53,760 Speaker 3: That, to keep fighting over the DNA evidence, And even 513 00:26:53,800 --> 00:26:57,200 Speaker 3: if everything fell perfectly into place, it would be another 514 00:26:57,359 --> 00:27:00,320 Speaker 3: at least couple of years of litigation before we got 515 00:27:00,320 --> 00:27:01,040 Speaker 3: a new trial order. 516 00:27:01,040 --> 00:27:01,480 Speaker 2: At least. 517 00:27:01,520 --> 00:27:04,280 Speaker 1: Donald says Marty had a tough choice to make. 518 00:27:05,200 --> 00:27:09,160 Speaker 3: Marty was was getting anxious his parents were getting older. Yes, 519 00:27:09,440 --> 00:27:11,520 Speaker 3: he wanted to see them again. His parents, his kids 520 00:27:11,560 --> 00:27:13,480 Speaker 3: are growing up without him. 521 00:27:13,560 --> 00:27:17,240 Speaker 1: Justice Donnelly says, this is the crux of the dark plea. 522 00:27:17,640 --> 00:27:20,680 Speaker 4: Do you want to take the risk of what's behind 523 00:27:20,680 --> 00:27:23,320 Speaker 4: door number three? You want to take the risk, you 524 00:27:23,320 --> 00:27:27,200 Speaker 4: can do that, or here's the keys to your jail cell, 525 00:27:27,960 --> 00:27:31,200 Speaker 4: which one you're gonna take. That's that's exactly what happened. 526 00:27:31,400 --> 00:27:32,080 Speaker 2: What's happening. 527 00:27:32,680 --> 00:27:36,160 Speaker 4: So I've never criticized anyone for taking the dark plea 528 00:27:36,240 --> 00:27:37,640 Speaker 4: because it's so unconscionable. 529 00:27:38,160 --> 00:27:41,080 Speaker 1: So even though Marty would have to forego the opportunity 530 00:27:41,160 --> 00:27:45,119 Speaker 1: to prove his innocence, he decided to take the plea. 531 00:27:45,880 --> 00:27:49,640 Speaker 2: You know what, I'm gonna go a hit and take it. 532 00:27:50,080 --> 00:27:53,080 Speaker 2: I know, I'm gonn probably be on parole and I'm 533 00:27:53,119 --> 00:27:54,800 Speaker 2: just go I'm just get out. I'm just go get out. 534 00:27:54,840 --> 00:27:56,760 Speaker 2: I'm just gonna get out and prove them wrong and 535 00:27:56,840 --> 00:28:00,240 Speaker 2: show them wrong. Like nah, I'm I'm no. I was 536 00:28:00,280 --> 00:28:04,199 Speaker 2: not who y'all who? I was not that, So you 537 00:28:04,240 --> 00:28:05,480 Speaker 2: took it, y'all took it. 538 00:28:06,200 --> 00:28:10,520 Speaker 1: On February sixteenth, twenty twenty three, Marty stood in front 539 00:28:10,560 --> 00:28:12,159 Speaker 1: of Judge Wendy Cross. 540 00:28:12,560 --> 00:28:18,680 Speaker 2: So you're nervous, I'm nervous, a heart beating. That's when. 541 00:28:21,560 --> 00:28:24,399 Speaker 2: That's when she said, it's a good day. The judge 542 00:28:24,400 --> 00:28:27,199 Speaker 2: said that. Judge Cross said it's a good day, and 543 00:28:30,720 --> 00:28:34,480 Speaker 2: they she said everything that she you know and not 544 00:28:34,760 --> 00:28:36,679 Speaker 2: she said you will be going home to your family. 545 00:28:36,720 --> 00:28:38,960 Speaker 2: Then I just looked up, like. 546 00:28:39,080 --> 00:28:42,000 Speaker 1: What did anyone like? Did you hear anything? Was there 547 00:28:42,040 --> 00:28:44,880 Speaker 1: a gas for a scream or fab Yeah? 548 00:28:44,880 --> 00:28:49,040 Speaker 2: They had to quiet down yesterday. Yes you heard, I 549 00:28:49,080 --> 00:28:53,560 Speaker 2: heard them. It was different than when they said guilty, guilty, 550 00:28:53,600 --> 00:28:56,720 Speaker 2: it was crying and screaming. This time it was joy. 551 00:28:57,240 --> 00:29:03,600 Speaker 3: Dark pleas are a really bittersweet moment for everyone. In fact, 552 00:29:04,200 --> 00:29:07,080 Speaker 3: when Marty went home finally, I think what Judge Cross 553 00:29:07,120 --> 00:29:10,800 Speaker 3: said exactly was it's always a good day when. 554 00:29:10,800 --> 00:29:12,200 Speaker 2: Justice was done was done. 555 00:29:12,240 --> 00:29:14,160 Speaker 3: And that was hard for me to hear because I 556 00:29:14,240 --> 00:29:16,239 Speaker 3: was sitting in the room, and while I was very 557 00:29:16,280 --> 00:29:18,400 Speaker 3: happy that Marty was going home, it didn't feel to 558 00:29:18,440 --> 00:29:19,480 Speaker 3: me like justice. 559 00:29:19,240 --> 00:29:20,080 Speaker 2: Was happening that day. 560 00:29:21,680 --> 00:29:25,720 Speaker 1: That bitter sweet feeling is one Justice Donnelly shares, which 561 00:29:25,720 --> 00:29:28,360 Speaker 1: is why he's made it his mission to stop the 562 00:29:28,400 --> 00:29:30,160 Speaker 1: practice of dark Please. 563 00:29:30,280 --> 00:29:33,120 Speaker 4: This is the way power works in the dark. 564 00:29:33,400 --> 00:29:35,800 Speaker 1: If it were up to him, the judge in Marty's 565 00:29:35,840 --> 00:29:39,480 Speaker 1: case wouldn't have allowed for a backroom deal with the prosecutors. 566 00:29:39,800 --> 00:29:41,920 Speaker 1: She would have held a hearing out in the open. 567 00:29:42,480 --> 00:29:45,959 Speaker 1: Let Marty's lawyers prove his case and make the prosecution 568 00:29:46,480 --> 00:29:47,720 Speaker 1: stand by theirs. 569 00:29:48,120 --> 00:29:50,640 Speaker 4: Because when a hearing takes place in an open court 570 00:29:50,680 --> 00:29:54,760 Speaker 4: where the press contend it can attend and observe, you 571 00:29:54,920 --> 00:29:58,520 Speaker 4: see the merits or the lack of merits rise or 572 00:29:58,600 --> 00:30:03,120 Speaker 4: fall to that standard that the innocent advocates are trying 573 00:30:03,160 --> 00:30:05,920 Speaker 4: to get. Hey, the theory of guilt that was told 574 00:30:05,960 --> 00:30:09,360 Speaker 4: to the original jury has been completely undermine and then 575 00:30:09,400 --> 00:30:11,880 Speaker 4: it becomes clear to the judge you have to put 576 00:30:11,920 --> 00:30:14,720 Speaker 4: the defendant or a new trial or not. 577 00:30:15,040 --> 00:30:18,720 Speaker 1: As far as in his own courtroom, Justice Donnelly decided 578 00:30:18,880 --> 00:30:23,479 Speaker 1: long ago to put all backroom conversations on the record. 579 00:30:24,080 --> 00:30:27,200 Speaker 4: That way, everybody's held accountable, the prosecutor of the defense, 580 00:30:27,240 --> 00:30:28,840 Speaker 4: lawyer and me, the judge. 581 00:30:29,320 --> 00:30:33,200 Speaker 1: Justice Donnelly actually coined the phrase dark plea because he says, 582 00:30:33,200 --> 00:30:35,320 Speaker 1: if you can name it, you can fix it. 583 00:30:35,720 --> 00:30:39,880 Speaker 4: If this term were to become commonplace in saying, and 584 00:30:39,920 --> 00:30:42,360 Speaker 4: you could say, judge, they want to offer me a 585 00:30:42,520 --> 00:30:45,320 Speaker 4: dark flea, and the judge could say, no, we're not 586 00:30:45,400 --> 00:30:46,080 Speaker 4: letting that happen. 587 00:30:47,360 --> 00:30:52,520 Speaker 1: Marty was released in February of last year into the 588 00:30:52,640 --> 00:30:59,960 Speaker 1: arms of his loved ones, and since getting out, Marty 589 00:31:00,040 --> 00:31:02,920 Speaker 1: he has wasted no time catching up on life. 590 00:31:03,120 --> 00:31:09,640 Speaker 2: Everything been great. You know when I first came home. 591 00:31:09,680 --> 00:31:12,600 Speaker 2: You know, I got married two months later to my wife, 592 00:31:12,680 --> 00:31:26,240 Speaker 2: Latoy Elevenston, and we got married April to eighth, and 593 00:31:26,360 --> 00:31:30,040 Speaker 2: since then it's just been it been, it been because 594 00:31:30,080 --> 00:31:33,800 Speaker 2: I'm learning now. So she she she we we kind 595 00:31:33,800 --> 00:31:36,479 Speaker 2: of bump. Here is a lot because I'm I'm still learning. 596 00:31:36,600 --> 00:31:37,320 Speaker 2: She been out here. 597 00:31:37,480 --> 00:31:40,360 Speaker 1: So what's one of the hardest things You're learning? 598 00:31:41,320 --> 00:31:43,920 Speaker 2: Patience? Like being patient with things, like being in line 599 00:31:43,960 --> 00:31:48,440 Speaker 2: for something, or even even like you know, just even 600 00:31:48,480 --> 00:31:51,400 Speaker 2: dealing with finances and stuff. It's just different little things 601 00:31:51,440 --> 00:31:52,480 Speaker 2: that I have to learn. 602 00:31:52,680 --> 00:31:54,840 Speaker 1: What's what's it like being back with your kids? I 603 00:31:54,840 --> 00:31:56,600 Speaker 1: mean some of them you really didn't even see them 604 00:31:56,600 --> 00:31:57,000 Speaker 1: grow up. 605 00:31:57,200 --> 00:31:59,800 Speaker 2: I'm starting to learn how important I am and my 606 00:32:00,000 --> 00:32:04,080 Speaker 2: responsibilities as a man in the house, you know, because 607 00:32:04,680 --> 00:32:06,400 Speaker 2: you gotta think I'm coming inside of the house with 608 00:32:06,480 --> 00:32:08,800 Speaker 2: some children that don't don't know me. You ain't grow 609 00:32:08,880 --> 00:32:12,480 Speaker 2: up with me. So like they gotta learn my space. 610 00:32:12,560 --> 00:32:14,760 Speaker 2: I gotta learn. I gotta learn what to say. Not 611 00:32:16,720 --> 00:32:18,320 Speaker 2: they like they learning me too. 612 00:32:18,840 --> 00:32:22,000 Speaker 1: Marty works as a stationary steam engineer and has a 613 00:32:22,000 --> 00:32:26,320 Speaker 1: clothing line with his cousin called Extravagant Culture Department, and 614 00:32:26,360 --> 00:32:30,400 Speaker 1: he's been attending speaking engagements with Justice Donnelly and Donald 615 00:32:30,520 --> 00:32:34,400 Speaker 1: at the OIP the Ohio Innocence Project to advocate against 616 00:32:34,440 --> 00:32:39,440 Speaker 1: wrongful convictions and dark Please Marty not only considers them colleagues, 617 00:32:39,880 --> 00:32:41,040 Speaker 1: but family. 618 00:32:41,240 --> 00:32:43,600 Speaker 2: Or if he's been with me all the way through, 619 00:32:44,480 --> 00:32:47,440 Speaker 2: you know, like just even like if I'm going through something, 620 00:32:48,080 --> 00:32:50,120 Speaker 2: I could call them for anything, Like I mean, I 621 00:32:50,200 --> 00:32:52,600 Speaker 2: call him all during the day, Like I call him 622 00:32:52,600 --> 00:32:56,480 Speaker 2: mister Donald, take some callum. I call anybody from down 623 00:32:56,520 --> 00:33:00,560 Speaker 2: there and they go pick up to me and it's 624 00:33:00,600 --> 00:33:03,680 Speaker 2: not fake. If I need to see him, I still 625 00:33:03,720 --> 00:33:05,600 Speaker 2: go down to the office all the time down on 626 00:33:05,800 --> 00:33:08,840 Speaker 2: the college. I think I'll come in there more to anybody. 627 00:33:09,160 --> 00:33:13,240 Speaker 3: You may be there more than I am, so I always. 628 00:33:12,960 --> 00:33:16,120 Speaker 2: Go down there and check on everybody. It's my family. 629 00:33:16,200 --> 00:33:27,680 Speaker 1: So thank you for listening to Wrongful Conviction with Maggie Freeling. 630 00:33:28,040 --> 00:33:31,560 Speaker 1: Please support your local innocence organization. You can go to 631 00:33:31,600 --> 00:33:33,760 Speaker 1: the links in the episode description to see how you 632 00:33:33,800 --> 00:33:36,680 Speaker 1: can help and to read more about Justice Donnelly's work 633 00:33:36,760 --> 00:33:41,160 Speaker 1: on Dark Please. This episode was written by me Maggie Freeling, 634 00:33:41,320 --> 00:33:44,840 Speaker 1: with story editing and mixing by senior producer Rebecca Ibada. 635 00:33:45,280 --> 00:33:49,200 Speaker 1: Our producer is Kathleen Fink. Our researcher Shelby Sorels, with 636 00:33:49,280 --> 00:33:52,560 Speaker 1: additional mixing by Josh Allen and additional production help by 637 00:33:52,640 --> 00:33:56,760 Speaker 1: Jeff Cliburn and Connor Hall. Executive producers are Jason Flahm, 638 00:33:56,840 --> 00:33:59,880 Speaker 1: Jeff Kempler, and Kevin Wurtis. The music is by three 639 00:34:00,040 --> 00:34:03,880 Speaker 1: time OSCAR nominated composer Jay Ralph. Make sure to follow 640 00:34:03,960 --> 00:34:06,680 Speaker 1: us on all social media platforms at Lava for Good 641 00:34:06,720 --> 00:34:09,279 Speaker 1: and at Wrongful Conviction. You can also follow me on 642 00:34:09,360 --> 00:34:13,480 Speaker 1: all platforms at Maggie Freeling. Wrongful Conviction with Maggie Freeling 643 00:34:13,600 --> 00:34:16,680 Speaker 1: is a production of Lava for Good Podcasts in association 644 00:34:16,800 --> 00:34:18,480 Speaker 1: with Signal Company Number one