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Speaker 1: Since our initial release of James Davis's story, there have

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Speaker 1: been some incredible developments. This is a re release of

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Speaker 1: that story with new content outlining the great news. On

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Speaker 1: January twenty fourth, two thousand and four, James J. Davis

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Speaker 1: went to a big party at the Brooklyn Masonic Temple

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Speaker 1: to celebrate his little brother, Daniel's birthday. James's night was

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Speaker 1: cut short when he drank too much and vomited several times.

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Speaker 1: Daniel put him in a cab to meet with his

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Speaker 1: girlfriend Kneed Johnson. Two hours later, a big fight broke

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Speaker 1: out in the club, resulting in their friend Jamel Black,

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Speaker 1: being stabbed and another man, Blake Harper, being shot and killed.

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Speaker 1: Police would interview people at the scene to get a

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Speaker 1: description of the shooter, a light skinned black man with braids,

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Speaker 1: but James didn't have braids at the time. He had

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Speaker 1: short hair with waves. Police then called stabbing victim Jammel

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Speaker 1: Black's home and spoke to his sister, who happened to

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Speaker 1: be James's spurned ex, Tina Black, who casually named James

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Speaker 1: as the shooter, even though she had never even been

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Speaker 1: at the party in the first place. Police found Jamel

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Speaker 1: at the hospital, who told them the identity of the

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Speaker 1: real shooter Tay Hall, so was it Tay or Jay?

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Speaker 1: Two weeks later, Jose Machakote, who was at the club

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Speaker 1: that night, would enter the precinct and second Tina Black's identification.

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Speaker 1: About six weeks after that, James found himself the target

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Speaker 1: of an interrogation, a sham lineup, and a murder charge.

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Speaker 1: Only after his case was picked up by the Legal

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Speaker 1: Aid Society was it revealed that Jose Machakote was actually

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Speaker 1: one of the most dangerous drug dealers in Brooklyn and

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Speaker 1: the subject of a joint FBI NYPD investigation. Machakote was

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Speaker 1: murdered five months after his false testimony that sent James

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Speaker 1: to prison for the rest of his life. This is

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Speaker 1: Wrongful Conviction with Jason Flammer. Welcome back to Wrongful Conviction

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Speaker 1: with Jason flamm That's me. I'm your host, and today

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Speaker 1: you're going to hear a story that when they write

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Speaker 1: the History of Wrongful Convictions they could put this on

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Speaker 1: the cover, because this story is so outrageous that well,

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Speaker 1: you're just going to have to hear it for yourself.

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Speaker 2: Hello, Lucy is a prepaid correct call from Sure an

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Speaker 2: inmate ed New York State Department of Corrections and Community Supervision.

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Speaker 1: This call the subject of recording and monitoring.

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Speaker 3: To accept charges, Press one to refuse charges, Press two

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Speaker 3: if you would like, thank you for using Securius. You

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Speaker 3: may start the conversation now.

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Speaker 1: On the phone from prison where he's been for almost

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Speaker 1: twenty years, we have James J. Davis. Hello, Jay, thanks

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Speaker 1: for calling in and I hope that we'll be able

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Speaker 1: to make a difference. And with us today we have

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Speaker 1: Elizabeth Felber, who is the supervising attorney in the Wrongful

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Speaker 1: Conviction Unit of the Legal Aid Society.

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Speaker 3: Thank you for having us.

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Speaker 1: Let's go back to the beginning. James, you had a

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Speaker 1: rough child a growing up in Brownsville and Brooklyn, right, Yeah, very.

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Speaker 4: My mother and my father weren't really in my life.

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Speaker 4: It was small. My grandmother and my brother. My father

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Speaker 4: died when I was in fourth grade. Roughly two years later,

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Speaker 4: my mother passed away. The year before that, my brother

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Speaker 4: father passed away, so both of us had no parent

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Speaker 4: by the time I reached sixth grade. I had to

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Speaker 4: keep people from picking on him outside as well as

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Speaker 4: keep people from picking on me and bullying me. So

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Speaker 4: that's when the fight started happening. I started getting into

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Speaker 4: a lot of trouble. I was doing a lot of

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Speaker 4: stupid stuff. I was young. I was robbing people, I

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Speaker 4: was selling weed.

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Speaker 1: And that's when you ended up in juvie.

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Speaker 4: Yes, when I make it the juvie. I'm going to

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Speaker 4: school and I met this teacher, a guy named mister Bliss,

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Speaker 4: and he convinced me to take my TV and I

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Speaker 4: ended up passing. After I passed, he was like, you

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Speaker 4: can go to community college and get going to high

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Speaker 4: school now for re education.

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Speaker 1: So I understand you accepted the CAPE for your community

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Speaker 1: college in North Carolina, near where your aunt lived, no

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Speaker 1: small feat considering your record, but your probation officer wouldn't

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Speaker 1: transfer your supervision out of state, so you were trying

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Speaker 1: to get yourself into some computer science classes locally.

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Speaker 4: Around that time, I found out that my brother was

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Speaker 4: into the streets, and that's pretty much where I got

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Speaker 4: back involved in the streets, selling weed and being there

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Speaker 4: for this case.

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Speaker 1: Elizabeth, take us back to January twenty fourth, two thousand

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Speaker 1: and four. What happened that faithful night?

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Speaker 3: Okay, So January twenty fourth was his brother Daniel's birthday,

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Speaker 3: and Daniel wanted to go to a party that was

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Speaker 3: being held at a Masonic temple lodge where they hosted events.

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Speaker 3: It was a party for people with January birthdays.

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Speaker 4: We all grew up in the projects. Bio is an

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Speaker 4: older guy from the neighborhood that he's like a well

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Speaker 4: like god. He does parties. He knew my brother as well.

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Speaker 4: My brother he been talking about his birthday for a

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Speaker 4: long time, so they put him on the fly I

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Speaker 4: guess on my brother birthday. My plan was to like,

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Speaker 4: we just going chill, maybe call up some girls to

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Speaker 4: come hang out at the projects with us. He was

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Speaker 4: bent throwing going to the party because his name was

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Speaker 4: on the flyers. So it comes to be almost twelve

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Speaker 4: o'clock and I wanted to surprise my brother, so I

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Speaker 4: walked to the liquor store before it closed to get

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Speaker 4: a bottle on my weet and a bottle of Hennessy.

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Speaker 4: And when I got back, my brother was like, oh,

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Speaker 4: I forgot the party.

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Speaker 3: So by the time he got to the party, he

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Speaker 3: had had a few already, and then he proceeded to

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Speaker 3: have a few more drinks in the bathroom because they

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Speaker 3: told him, okay, you can have your own drink, but

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Speaker 3: you have to put some shade on.

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Speaker 4: It before you know it. I was trying to rush

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Speaker 4: my drinks so that we can actually get out the bathroom.

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Speaker 4: I wanted to see what the party was really like

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Speaker 4: in the Hennessy, and the moat turned my stomach over.

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Speaker 4: That was the start of the end of the night.

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Speaker 4: I threw up maybe once or twice in the bathroom,

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Speaker 4: and before I know it, through the laughing, I hear

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Speaker 4: my brother pretty much like, come on, man, now, I

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Speaker 4: got to take you back home. We just got here.

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Speaker 4: We ain't even fully been in the club long enough.

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Speaker 4: Through negotiation, I just told them I just woke me outside,

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Speaker 4: I catch a cab and I go to my girlfriend house.

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Speaker 3: So they went outside. They got a cab and James

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Speaker 3: called his girlfriend, Canine Johnson, and took the cab to

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Speaker 3: her place and she met him outside. Her mother didn't

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Speaker 3: like James, so they would stay with her aunt.

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Speaker 4: I got there two forty five maybe three. So when

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Speaker 4: I got there, she's sitting on the steps already. I

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Speaker 4: step out the cab.

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Speaker 1: They I threw up in.

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Speaker 4: Between cars before I even tested the sidewalk. She came

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Speaker 4: running down the steps, rubbed my back I think, and

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Speaker 4: walked to our house, stop at the store and went.

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Speaker 3: Into our house, so he was long gone before anything happened.

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Speaker 3: At the party, which was around four in the morning,

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Speaker 3: a fight broke out and somebody was seriously stabbed. We

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Speaker 3: now know that was Jammel Black and Blake Harper was

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Speaker 3: shot and killed. A couple other people were shot, but

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Speaker 3: not seriously. James had already left the party hours earlier.

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Speaker 1: So you wake up the next morning at your girlfriend

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Speaker 1: Kneen's her aunt's house. Really, and one of the guys

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Speaker 1: you were with, Jamel Black, had been stabbed the night before.

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Speaker 1: How did you hear that news?

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Speaker 4: Well, both of us up. The news is on. It's

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Speaker 4: about the Masonic temple. Immediately I called my house on

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Speaker 4: the landline in my aunt is like it Jamel got

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Speaker 4: stabbed and somebody got killed, but nobody knew who the

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Speaker 4: guy was that got killed. So I'm like, I'm coming

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Speaker 4: over there. I got there. My brother pretty much told

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Speaker 4: me I wasn't really involved in it, but it was

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Speaker 4: crazy in it, a fight broke out, people shooting, girls screaming,

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Speaker 4: and everybody run in.

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Speaker 1: Police had responded to the scene and they interviewed a

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Speaker 1: number of people at the club, and no one that

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Speaker 1: they interviewed knew the identity of the shooter. But he

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Speaker 1: was described as a young, light skinned Blackmail with braids

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Speaker 1: on the back of his head. Now, James, is that

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Speaker 1: an accurate description of you at that time?

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Speaker 4: No, I actually did have raids at the time. I

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Speaker 4: had a low season like waves.

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Speaker 1: So police have already interviewed witnesses at the scene the

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Speaker 1: night before. You're a friend who has stabbed Jamel Black.

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Speaker 1: They call his house, but they get his sister on

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Speaker 1: the phone.

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Speaker 4: Instead, Tina Black, like the first girlfriend I ever had.

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Speaker 3: What we learned was that Tina Black still harbored a

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Speaker 3: flame for him and was hugely jealous when she found

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Speaker 3: out that he had a new girlfriend, and out of spite,

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Speaker 3: she told the police that James did the shooting, even

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Speaker 3: though you can tell by the only police record on

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Speaker 3: her she wasn't at the party that night. She was

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Speaker 3: very sick with juvenile diabete, too sick to go to

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Speaker 3: a party. The police should have known that she wasn't

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Speaker 3: at the party, and yet they just focused on him.

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Speaker 3: The second page of the detective notebook says Purp James

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Speaker 3: Davis Jay, So it's just tunnel vision from then on out.

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Speaker 1: Right, So the people that were there couldn't identify the suspect.

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Speaker 1: The woman who wasn't there does identify a suspect, And

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Speaker 1: of course we know that Tina later on confessed to

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Speaker 1: her mother and to others as she had lied to

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Speaker 1: the police. Now we're up to the park where the

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Speaker 1: detectives went to the hospital, right, and the interviewed Jammel Black.

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Speaker 3: So the detectives actually went to the hospital the day

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Speaker 3: of the incident and they were told he was just

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Speaker 3: coming out of surgery. He was too out of it.

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Speaker 3: The doctors wouldn't let him interview Jamel. Jammel testified out

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Speaker 3: her hearing and he told the court that what happened

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Speaker 3: was those detectives came back later and Jammel told them

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Speaker 3: he had been stabbed by the guy who was subsequently

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Speaker 3: killed and this guy named Tay Hall was helping him

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Speaker 3: out of the party when he says, oh shit, pushes

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Speaker 3: Jamel to the ground and you hear shots fired. Jamel

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Speaker 3: looks up and he sees Tay putting a gun back

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Speaker 3: in his pocket and saying, I got to get out

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Speaker 3: of here. The police are coming. But there was no

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Speaker 3: written report about that conversation and it never came out.

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Speaker 3: At the hearing, the judge said, Oh, it's just not

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Speaker 3: credible that they wouldn't have a report about it. Well,

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Speaker 3: it's also not credible that you wouldn't interview the person

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Speaker 3: who was stabbed, because they would most likely have the

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Speaker 3: most relevant information.

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Speaker 1: So let's fast forward then to a couple of months

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Speaker 1: after the shooting, right, and that's when the warrant squad came.

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Speaker 1: They were actually looking for your younger brother when they

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Speaker 1: arrested you, and you weren't even aware that they were

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Speaker 1: looking for you because you knew that you didn't have

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Speaker 1: anything to do with this and there was no reason

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Speaker 1: to suspect you of anything other than being drunk and

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Speaker 1: throwing up on the sidewalk.

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Speaker 4: They took me from my house under the guys that

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Speaker 4: I had a warrant, which I did. I did have

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Speaker 4: a warrant for disorderly conducting do community service, But they

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Speaker 4: never took me to the court building, took me down

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Speaker 4: to like homicide headquarters where I'm at Detective Hutchinson for

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Speaker 4: the first time before they took me to the precinct.

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Speaker 4: At the precinct, they pretty much was asking me do

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Speaker 4: I know Jamail Black? And do I know what happened

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Speaker 4: to Jamail Black? So I explained to them the same

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Speaker 4: thing that I just was telling you about getting drunk

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Speaker 4: and leaving. Who actually walked me to the door, whatever

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Speaker 4: where I went after I left the party. From there,

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Speaker 4: I don't remember exactly the rest of the questions, but

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Speaker 4: it was pretty much all about the shooting there. So

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Speaker 4: I'm like, when am I going to court? I'm supposed

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Speaker 4: to be going to court. They're like, no, what we're

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Speaker 4: going to do is we're going to put you in

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Speaker 4: the lineup. I'm like, a lineup. I need a lawyer.

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Speaker 4: It's like, do you have a lawyer? I'm like, no,

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Speaker 4: I don't have a lawyer, but I have a lawyer

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Speaker 4: in my family who can come and represent me. But

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Speaker 4: he tells me if I don't have a number for him,

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Speaker 4: then he can't call him. Then they just took me

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Speaker 4: back to the room, left me in the room, and

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Speaker 4: from there it went to the lineup and he came

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Speaker 4: back with four guys. Three of them is dog skinned,

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Speaker 4: two of them have He said, nobody looks like me,

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Speaker 4: Nobody favors me in no way, shape or form, But

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Speaker 4: I'm like, this can't be Did he bring two more

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Speaker 4: guys in, like Indian looking guys. I'm like, nah, this

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Speaker 4: is a six.

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Speaker 1: Can you tell us a little bit about this lineup

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Speaker 1: and how things went so wrong?

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Speaker 3: So the lineup in itself was already suggestive, but there

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Speaker 3: were three people who viewed the lineup. One of them

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Speaker 3: was jose Machakodi. He was the first witness that they

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Speaker 3: brought into view a photo spread about six weeks earlier,

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Speaker 3: and it was unclear why he was called. He was

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Speaker 3: the brother in law of the man who died, but

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Speaker 3: he was not one of the people that had been

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Speaker 3: originally interviewed. It's pretty common knowledge that when you've picked

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Speaker 3: someone out of a photograph, you pick them again in

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Speaker 3: the lineup because you recognize them as the person. But

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Speaker 3: the lineup happened six weeks later. At the lineup, the

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Speaker 3: two other witnesses, Harold Poe and Sean Velton. They were

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Speaker 3: brought there by the mother of the deceased, and according

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Speaker 3: to their testimony, she called them and said, they have

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Speaker 3: the guy they think did it at the precinct, and

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Speaker 3: they want you to just come to see if you

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Speaker 3: can you identify him or something. To that effect that's

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Speaker 3: already contaminating the lineup because there's a pressure put on

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Speaker 3: them that this is the person they have, the person

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Speaker 3: they feel compelled to pick one person, especially especially when

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Speaker 3: the mother of the deceased has chauffeur driven you to

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Speaker 3: the precincts. So they picked James. But one of them

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Speaker 3: said always from the beginning, well he resembles him except

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Speaker 3: for the braids, because when James got arrested, his hair

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Speaker 3: was short. And the other guy, Sean Velton, Now originally

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Speaker 3: he had said I didn't see anything when the police

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Speaker 3: spoke to him. Now he said, oh, I just said

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Speaker 3: that because I was afraid. But the description he gave

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Speaker 3: before he viewed him was someone wearing a Scully cap

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Speaker 3: and that's nowhere in any description. And also five ten

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Speaker 3: and James was like five seven, so we didn't even

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Speaker 3: describe someone that looked like James. So that's how they

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Speaker 3: picked him. There was a fourth person at the lineup

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Speaker 3: who did not testify at the trial or the hearings,

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Speaker 3: and what Detective Hutchinson said about him was, oh, he

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Speaker 3: picked him out. He just wouldn't sign the sheet saying

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Speaker 3: he had again, you know some things just your alarm

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Speaker 3: goes off. That smells fishy, So we caught up with him.

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Speaker 3: He did not want to be involved. He made that

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Speaker 3: one hundred and fifty percent clear. But what he told

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Speaker 3: us was Noah, I never said that was the guy.

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Speaker 3: That's why I wouldn't sign. And what I said to

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Speaker 3: them was if you say that's the guy, that's the guy.

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Speaker 3: So to me, that says they were being prompted to

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Speaker 3: pick James, and I should just add that. Sean Belton

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Speaker 3: at the second trial recanted again and said I just

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Speaker 3: glanced at him. He gave four separate statements, so that

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Speaker 3: was him, and the other guy always only said he

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Speaker 3: resembled him. So essentially it really came down to hosely

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Speaker 3: matcha cody.

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Speaker 4: When you think about the convenience of Tina Black Junior

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Speaker 4: given my name to the detective, and then a week later,

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Speaker 4: jose Machakodi, the drug building, violent robber who's a humble bober,

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Speaker 4: now just happens to walk into the precinct. Though he

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Speaker 4: didn't stay at the crime scene when everything happened, he

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Speaker 4: fled the crime scene. He walks into the precinct and

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Speaker 4: he picks my picture. He's the only one that goes

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Speaker 4: to the precinct and it just so happens that he's

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Speaker 4: known in this neighborhood. To me, the whole case is

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Speaker 4: weird from beginning to end. I think that this was

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Speaker 4: a misunderstanding, maybe from speaking to Jamel Black and him

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Speaker 4: telling them the story he told him about Kay send

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Speaker 4: them asking his sister about pay and she telling them Shane,

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Speaker 4: and they just went from there with the easiest thing

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Speaker 4: that they could do to close the case, and it

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Speaker 4: just so happened to be that I was convenience for them.

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Speaker 1: This episode is underwritten by Paul Weiss, Rifkin, Porton and Garrison.

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Speaker 1: A leading international law fer. Paul Weiss has long had

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Speaker 1: an unwavering commitment to providing impactful, pro bono legal assistance

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Speaker 1: to the most vulnerable members of our society and in

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Speaker 1: support of the public interest, including extensive work in the

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Speaker 1: criminal justice area.

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Speaker 4: After the line up, they told me I was being

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Speaker 4: charged with murder, and he offered me a deal pretty

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Speaker 4: much to take the questions and asked me to tell

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Speaker 4: him that I did it because he already heard about

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Speaker 4: the story of what happened. Somebody told him that two

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Speaker 4: groups of guys was fighting and the guy in one

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Speaker 4: of the groups had a knife, and the guy and

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Speaker 4: the other group had a gun, and he shot the

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Speaker 4: guy with the knife to defend himself. But I can

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Speaker 4: tell me that I can help you. I speak to

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Speaker 4: the daight. I'm like, what the hell kind of shit

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Speaker 4: is there? Why the fuck would I tell you I

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Speaker 4: did that. I'm telling you I wasn't even aware of

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Speaker 4: I wasn't there for it. He's like, you know, if

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Speaker 4: I was you, I would have did the same thing.

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Speaker 4: If it was me a guy comes at me with

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Speaker 4: a knife and I got a gun, I would have

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Speaker 4: shot him too. You ain't doing nothing wrong. I was like,

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Speaker 4: but you want me to admit to something I didn't do.

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Speaker 1: That's wrong?

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Speaker 4: Right there, the fingerprinted me and put me in a

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Speaker 4: holding cell for the rest of the night.

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Speaker 1: Now things go from bad to worse right the trial.

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Speaker 1: There's a number of problems at both trials, although the

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Speaker 1: first trial, amazingly, in spite of the fact that you

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Speaker 1: had substandard defense, you still ended up with an eleven

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Speaker 1: to one hungury in favor of a quittle.

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Speaker 4: You have this this one guy, Jose Machikoti, who's laying

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Speaker 4: the cause of this fight on his brother in law. Well,

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Speaker 4: the two prosecutors witnesses beside him, I say and that

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Speaker 4: he started the whole fight, and he's saying that I

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Speaker 4: had nothing to do with it. I'm a humble barber.

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Speaker 4: I never committed a crime again after I was locked

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Speaker 4: up all of those years ago. You have a conflict

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Speaker 4: between your own witnesses.

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Speaker 3: Canein Johnson. His girlfriend did testify at the first trial.

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Speaker 4: She's explaining to them how I came to her aunt's

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Speaker 4: place while we didn't stay at her mother's house because

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Speaker 4: some of us was like a CEO or x CEO

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Speaker 4: at the time. I guess she didn't think I was

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Speaker 4: good enough for her daughter.

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Speaker 3: I think that, in part was part of what led

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Speaker 3: to the eleven to one Equila that she was a

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Speaker 3: very persuasive witness.

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Speaker 4: But at the second trial, the DA is saying that

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Speaker 4: I threatened. One of the witnesses. Sean Belton recants, but

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Speaker 4: it's I can't really consider that recanting because he went

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Speaker 4: back to the initial statement that he never seen anything.

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Speaker 4: Havel Poe. We had his testimony read into the record

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Speaker 4: because throughout the whole thing he never identified me. He

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Speaker 4: only referred to me as looking similar to one of

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Speaker 4: the guys. The other person that they say picked me

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Speaker 4: out of a photo or Ratey never signed on none

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Speaker 4: of the pictures. But the detective is saying I made

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Speaker 4: a mank next to the picture that he picked out

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Speaker 4: because he wouldn't sign it. It's like that don't even

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Speaker 4: make sense. The only only witness that they had was

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Speaker 4: jose Manchakoti that actually positively picked.

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Speaker 1: Me out of a lineup, And all you needed was

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Speaker 1: your star witness Kenean Johnson to show up and counter Machakot,

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Speaker 1: just like she did at the first trial.

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Speaker 4: But at the second trial, I'm not with my girlfriend anymore,

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Speaker 4: so our contact is kind of really touching. Go is

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Speaker 4: you know that I'm only calling to notify her court

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Speaker 4: dates and what's going on with my life, which she's

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Speaker 4: trying to avoid. I guess I don't know. My lawyers

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Speaker 4: said he spoke to her and she was supposed to

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Speaker 4: be coming in and then she didn't show up, but

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Speaker 4: she was still being nice to him on the phone.

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Speaker 4: He called her again and then she cursed him out.

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Speaker 4: She told him that he sent police to her house

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Speaker 4: that like one in the morning. But we learned that

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Speaker 4: day in the courtroom that it wasn't actually my lawyer

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Speaker 4: that sent the police, that it was the district attorney

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Speaker 4: who subpoenaed her, even though in court she said, I

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Speaker 4: never planned on calling this girl as a witness because

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Speaker 4: I don't know what she's gonna say, even though she

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Speaker 4: heard what my witness said at the first trial. But

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Speaker 4: they still mistubpoened at her and sent police to her

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Speaker 4: house at one in the morning, which actually infuriated her

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Speaker 4: mother and caused her mother to kick her out. That

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Speaker 4: right there pretty much stealed the deal as far as

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Speaker 4: her coming to court and tell me guilty.

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Speaker 1: Anyone who's listening is probably wondering right now, Well, if

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Speaker 1: I was representing him back then, I would have checked

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Speaker 1: to cell phone records, or I would have checked the

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Speaker 1: cab records. You could have gotten hold of a cab

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Speaker 1: company and see if anybody because you took a cab right,

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Speaker 1: And none of that stuff was done right.

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Speaker 4: The weird thing is, out of all of the easy

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Speaker 4: stuff that we think of that could have been done,

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Speaker 4: my attorney at the time hired a chiropractor or child

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Speaker 4: doctor to do medical examine or work. And I've never

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Speaker 4: even seen the medical examine, the work, or any paperwork

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Speaker 4: that he had done. But he didn't go and check

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Speaker 4: a cab. He didn't go and speak to none of

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Speaker 4: these witnesses. That's in the DD files from the police reports.

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Speaker 4: But you found an adopted the player as a medical

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Speaker 4: examiner from your office building. It's sad to say, but

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Speaker 4: if you don't have money to actually pay for a lawyer,

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Speaker 4: then the justice system doesn't really work for you. It's

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Speaker 4: rare that it does.

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Speaker 1: So meanwhile, the story goes on. Mister Machacote was murdered

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Speaker 1: by a drug dealer five months after James's second trial. Yes,

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Speaker 1: after he was trying to rob the drug deal there

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Speaker 1: for the second time in a month. So yeah, he

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Speaker 1: was tortured and killed. And I mean, this is some

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Speaker 1: Quentin Tarantino stuff now, but this is the guy that

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Speaker 1: the authorities were painting to be a wonderful citizen who

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Speaker 1: was bravely coming forward and now he's a simple barber

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Speaker 1: and blah blah blah. So that's all out the window.

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Speaker 3: So we learned this as the hearing was going on,

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Speaker 3: the actual innocence hearing that we litigated last summer, and

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Speaker 3: we're appealing now. During our hearing, I reached out to

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Speaker 3: the assistant US attorney because people were prosecuted federally for

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Speaker 3: killing Machakodi and through it, I met the FBI agent

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Speaker 3: who told me that at the time of the trial,

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Speaker 3: Jose Machakoti was under their investigation. It was a joint

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Speaker 3: NYPD FBI investigation into drug dealing, major drug dealing in

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Speaker 3: Brownsville and lo and Behold. In the spring, which was

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Speaker 3: when the second trial was happening, a confidential informant was

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Speaker 3: buying huge quantity of heroin and cocaine from Machakodi. Now

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Speaker 3: we don't know if the assistant district attorney knew that,

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Speaker 3: but it's hard to believe that the detective who used

435
00:23:11,119 --> 00:23:14,920
Speaker 3: to be a narcotics detective in Brownsville did not know

436
00:23:15,040 --> 00:23:18,200
Speaker 3: that this man was a one of the major most

437
00:23:18,280 --> 00:23:23,000
Speaker 3: violent drug dealers in Brooklyn and be under investigation by

438
00:23:23,040 --> 00:23:25,639
Speaker 3: the FBI. So that was never disclosed.

439
00:23:25,920 --> 00:23:28,240
Speaker 1: No, that would have been an inconvenient fact to bring

440
00:23:28,320 --> 00:23:30,000
Speaker 1: up as they were trying to present him as the

441
00:23:30,040 --> 00:23:31,400
Speaker 1: perfect witness, right.

442
00:23:31,400 --> 00:23:33,879
Speaker 3: And what was in it for Matchakodi? You know, I

443
00:23:33,880 --> 00:23:35,760
Speaker 3: don't want to go down too deep a rabbit hole

444
00:23:35,760 --> 00:23:39,639
Speaker 3: of conspiracy theories, but he was on parole. The night

445
00:23:39,680 --> 00:23:42,400
Speaker 3: of this murder, he had violated parole by being out

446
00:23:42,440 --> 00:23:46,320
Speaker 3: past his curfew. And the fight that Jay was referring to,

447
00:23:46,440 --> 00:23:49,720
Speaker 3: a lot of the police reports say a Spanish guy

448
00:23:49,960 --> 00:23:53,160
Speaker 3: wearing a fur coat grabbed a bottle within a fight

449
00:23:53,280 --> 00:23:55,760
Speaker 3: on the floor that was Macha code, So that was

450
00:23:55,840 --> 00:23:58,879
Speaker 3: also a violation of paroles. So I don't know whether

451
00:23:58,920 --> 00:24:02,080
Speaker 3: they threatened him with having him locked up, whether there

452
00:24:02,119 --> 00:24:04,560
Speaker 3: was something corrupt going on. You know, it was the

453
00:24:04,600 --> 00:24:08,040
Speaker 3: seventy fifth Precinct, which is notorious. And all we do

454
00:24:08,160 --> 00:24:10,440
Speaker 3: know is that when the prosecutor got up in summation

455
00:24:10,600 --> 00:24:13,359
Speaker 3: and said, he's such a credible witness, and you know

456
00:24:13,440 --> 00:24:17,000
Speaker 3: he's credible because he was so honest about his past

457
00:24:17,400 --> 00:24:19,800
Speaker 3: and now he's a barber. Well he might have been

458
00:24:19,840 --> 00:24:22,160
Speaker 3: honest about his past, but he wasn't really honest about

459
00:24:22,160 --> 00:24:25,400
Speaker 3: his present. So, you know, in addition to the problems

460
00:24:25,440 --> 00:24:28,600
Speaker 3: with you know, ide evidence, in a situation like that,

461
00:24:28,680 --> 00:24:32,000
Speaker 3: you also have this unsavory character pretending to be someone

462
00:24:32,000 --> 00:24:32,480
Speaker 3: that he's not.

463
00:24:33,560 --> 00:24:36,520
Speaker 1: It's almost like an exclamation point on the whole thing.

464
00:24:36,640 --> 00:24:38,919
Speaker 1: You know, he ends up in like a scene from

465
00:24:39,000 --> 00:24:41,960
Speaker 1: Reservoir Dogs being tortured to death by a guy who

466
00:24:42,000 --> 00:24:44,639
Speaker 1: he was trying to rob for a second time, a

467
00:24:44,760 --> 00:24:49,000
Speaker 1: drug dealer. I mean, nice witness.

468
00:24:48,760 --> 00:24:51,320
Speaker 3: Right, and the first time he entered at gunpoint and

469
00:24:51,359 --> 00:24:54,040
Speaker 3: tied them up and robbed them. So it wasn't his

470
00:24:54,080 --> 00:24:54,800
Speaker 3: first rodeo.

471
00:24:55,560 --> 00:24:57,560
Speaker 1: No, And it sounds like they turned the tables on him,

472
00:24:57,800 --> 00:25:01,040
Speaker 1: and then he took this false testimony presented to the

473
00:25:01,160 --> 00:25:02,160
Speaker 1: grave with him.

474
00:25:02,440 --> 00:25:15,000
Speaker 4: Yes, I didn't know the justice system actually takes this long,

475
00:25:15,040 --> 00:25:19,040
Speaker 4: but I thought, maybe, no, two years, I'll be back home,

476
00:25:19,240 --> 00:25:23,280
Speaker 4: they'd fix this whole thing, and I'll be home. Two

477
00:25:23,320 --> 00:25:28,439
Speaker 4: years turned to seventeen and I'm still fighting and trying

478
00:25:28,440 --> 00:25:32,040
Speaker 4: to convince them that they actually locked up the wrong person.

479
00:25:32,720 --> 00:25:36,600
Speaker 1: And then, to compound this tragedy again, the little brother

480
00:25:36,680 --> 00:25:40,240
Speaker 1: that you felt so responsible for was murdered in twenty twelve.

481
00:25:40,280 --> 00:25:45,040
Speaker 1: I mean, I can't possibly begin to imagine your pain.

482
00:25:45,560 --> 00:25:48,879
Speaker 1: But your grandmother's still here, my.

483
00:25:48,760 --> 00:25:53,280
Speaker 4: Brother, my grandmother is like my oldest friends in the world.

484
00:25:53,880 --> 00:25:56,520
Speaker 4: My grandmother been there for as long as I knew.

485
00:25:56,680 --> 00:25:58,960
Speaker 4: I know she know my pain, and my brother was

486
00:25:59,000 --> 00:26:01,960
Speaker 4: there with me through everything. So it's like I lost

487
00:26:02,000 --> 00:26:05,080
Speaker 4: out on with little I was able to spend his

488
00:26:05,200 --> 00:26:09,000
Speaker 4: life with him in seventeen years and my grandmother's like

489
00:26:09,200 --> 00:26:12,879
Speaker 4: she was sixty three. I dismissed all of these birthdays

490
00:26:12,920 --> 00:26:15,760
Speaker 4: and times to spend with her. I think that was

491
00:26:15,800 --> 00:26:19,960
Speaker 4: my first Christmas ever, actually really buying my grandmother my

492
00:26:20,119 --> 00:26:24,880
Speaker 4: own gift, and she was so happy for that. Then. Yeah,

493
00:26:25,080 --> 00:26:29,439
Speaker 4: every year, since it's something I didn't even do, I

494
00:26:29,480 --> 00:26:31,399
Speaker 4: pray for her every night. I need her to be

495
00:26:31,480 --> 00:26:34,439
Speaker 4: strong for me. That's one of the reasons that I

496
00:26:34,480 --> 00:26:39,399
Speaker 4: lived for my grandmother. My mother was murdered two weeks

497
00:26:39,600 --> 00:26:42,240
Speaker 4: or yeah, a week and some change at the Mother's Day,

498
00:26:42,480 --> 00:26:45,520
Speaker 4: which was hard for my grandmother, and then my brother

499
00:26:46,320 --> 00:26:48,960
Speaker 4: on Father's Day right before her birthday. So it's like

500
00:26:50,359 --> 00:26:54,000
Speaker 4: I've had a real, real rough journey. Her journey is

501
00:26:54,119 --> 00:26:56,480
Speaker 4: just as rough. So this is why that's like my

502
00:26:56,600 --> 00:26:59,720
Speaker 4: closest friend right there outside of my brother that passed away.

503
00:27:00,600 --> 00:27:03,239
Speaker 1: Yeah, I can't imagine. We need to do everything we

504
00:27:03,280 --> 00:27:07,359
Speaker 1: can to bring you home, James. Yes, So now you

505
00:27:07,400 --> 00:27:11,240
Speaker 1: know we get to the post conviction investigation, and of

506
00:27:11,280 --> 00:27:13,960
Speaker 1: course you had a meeting with the conviction review unit

507
00:27:14,000 --> 00:27:14,600
Speaker 1: in Brooklyn.

508
00:27:14,720 --> 00:27:17,280
Speaker 3: That was actually before I became involved in the case.

509
00:27:17,520 --> 00:27:21,119
Speaker 3: Susan Epstein, who did the appeal and did a phenomenal investigation,

510
00:27:21,400 --> 00:27:25,120
Speaker 3: brought the witnesses to the Conviction Review Unit. They had

511
00:27:25,160 --> 00:27:30,040
Speaker 3: the case incredibly for five years. It's not exactly clear

512
00:27:30,119 --> 00:27:34,280
Speaker 3: what happened, but one refrain that is throughout the transcripts

513
00:27:34,359 --> 00:27:38,040
Speaker 3: of those interviews is why didn't you come forward sooner?

514
00:27:38,280 --> 00:27:40,440
Speaker 1: And there's lots of them, right, It's not like this

515
00:27:40,520 --> 00:27:43,320
Speaker 1: is one person. These are people who are, you know,

516
00:27:43,400 --> 00:27:46,280
Speaker 1: members of the community, who are not kids anymore either.

517
00:27:46,880 --> 00:27:49,920
Speaker 3: I don't know why they dragged their feet and they

518
00:27:49,920 --> 00:27:51,760
Speaker 3: never came right out and said we don't believe you,

519
00:27:52,160 --> 00:27:54,880
Speaker 3: we think he's guilty. Even after we brought the motion

520
00:27:55,000 --> 00:27:57,679
Speaker 3: and started the hearing, they said to the press, you know,

521
00:27:57,720 --> 00:27:59,760
Speaker 3: we're still looking into it, or something to that effect.

522
00:27:59,880 --> 00:28:03,480
Speaker 3: For some reason, they just were unpersuaded.

523
00:28:03,119 --> 00:28:05,480
Speaker 1: And that brings us to the hearing we've been referring

524
00:28:05,520 --> 00:28:08,880
Speaker 1: to this entire time. You and Susan filed a four

525
00:28:08,920 --> 00:28:11,439
Speaker 1: to forty motion, which is New York legal leese, for

526
00:28:11,520 --> 00:28:14,280
Speaker 1: a motion to set aside the judgment that was in

527
00:28:14,280 --> 00:28:18,600
Speaker 1: September twenty eighteen, and you argued for James's actual innocence

528
00:28:18,640 --> 00:28:22,280
Speaker 1: as well as ineffective assistant of counsel and newly discovered

529
00:28:22,280 --> 00:28:26,360
Speaker 1: evidence at this hearing back in June of twenty nineteen.

530
00:28:26,960 --> 00:28:29,840
Speaker 3: Yes, we were pretty optimistic going into it, so we

531
00:28:29,920 --> 00:28:34,000
Speaker 3: had eight witnesses, including James. James went first, so he

532
00:28:34,119 --> 00:28:36,840
Speaker 3: told the story that you heard about leaving because he

533
00:28:37,000 --> 00:28:40,880
Speaker 3: was intoxicated. And then Jammel Black came in and he

534
00:28:41,040 --> 00:28:44,320
Speaker 3: had initially refused to cooperate and sent a letter to

535
00:28:44,400 --> 00:28:50,280
Speaker 3: Susan saying he ruined my life because James had slept

536
00:28:50,280 --> 00:28:52,600
Speaker 3: with his girlfriend when he was locked up at Rikers

537
00:28:52,640 --> 00:28:55,000
Speaker 3: and he held a grudge. But he came in and

538
00:28:55,040 --> 00:28:57,400
Speaker 3: he told the whole story. First of all, he helped

539
00:28:57,600 --> 00:28:59,880
Speaker 3: walk James out to the car, but then they started

540
00:28:59,880 --> 00:29:02,520
Speaker 3: to get into a fight about this girlfriend again and

541
00:29:02,560 --> 00:29:04,960
Speaker 3: he went inside and he met up with Tay, the shooter.

542
00:29:05,320 --> 00:29:08,080
Speaker 3: So he told the whole story about how the stabbing happened,

543
00:29:08,160 --> 00:29:10,760
Speaker 3: and how the shooting happened, and how it was Tay,

544
00:29:11,280 --> 00:29:13,880
Speaker 3: and then how he told this to the police. We

545
00:29:13,960 --> 00:29:16,480
Speaker 3: also had the woman who cut his hair and that

546
00:29:16,560 --> 00:29:18,719
Speaker 3: the last time she saw him his hair was short.

547
00:29:19,120 --> 00:29:22,480
Speaker 3: And you had Corey Hines, who was at the party

548
00:29:22,640 --> 00:29:25,720
Speaker 3: in the bathroom laughing at him as he was throwing up.

549
00:29:26,160 --> 00:29:29,520
Speaker 3: His brother had signed an affid David saying I put

550
00:29:29,600 --> 00:29:31,800
Speaker 3: him in a cab and send him to his girlfriend's house.

551
00:29:31,840 --> 00:29:36,600
Speaker 3: I'm sadly he was murdered in twenty twelve, so we

552
00:29:36,760 --> 00:29:39,520
Speaker 3: didn't have him as a witness. We had his affidavit

553
00:29:39,840 --> 00:29:42,280
Speaker 3: and we believed the judge should have allowed that into evidence,

554
00:29:42,320 --> 00:29:46,120
Speaker 3: and he didn't. And we had Caneen Johnson, the girlfriend

555
00:29:46,200 --> 00:29:48,560
Speaker 3: who didn't show up at the second trial. We actually

556
00:29:48,640 --> 00:29:50,720
Speaker 3: had to do what's called a material witness order to

557
00:29:50,800 --> 00:29:53,280
Speaker 3: have her arrested to bring her in, which I really

558
00:29:53,360 --> 00:29:55,719
Speaker 3: didn't want to do. So when that happens, they assigned

559
00:29:55,720 --> 00:29:57,520
Speaker 3: an attorney to you, and the attorney came in and

560
00:29:57,520 --> 00:30:00,360
Speaker 3: said to the judge, she's willing to testify, but she's

561
00:30:00,560 --> 00:30:04,200
Speaker 3: terrified of the family. And what came out on the

562
00:30:04,200 --> 00:30:07,719
Speaker 3: witness stand is that after she testified at the first trial,

563
00:30:08,160 --> 00:30:10,840
Speaker 3: friends and family of the deceased followed her not just

564
00:30:10,880 --> 00:30:13,680
Speaker 3: out of the courtroom, but out of the courthouse, calling

565
00:30:13,720 --> 00:30:16,280
Speaker 3: her names, threatening her if we're going to find out

566
00:30:16,280 --> 00:30:18,360
Speaker 3: where you live, if we see you on the street.

567
00:30:18,520 --> 00:30:21,200
Speaker 3: And it was so bad that James's attorney put her

568
00:30:21,200 --> 00:30:23,400
Speaker 3: in a cab because he was afraid of her having

569
00:30:23,440 --> 00:30:26,680
Speaker 3: to take public transportation home. So here she hasn't seen

570
00:30:26,760 --> 00:30:30,640
Speaker 3: James since the first trial, and she essentially says exactly

571
00:30:30,680 --> 00:30:33,960
Speaker 3: what she testified to years before, that he got out

572
00:30:33,960 --> 00:30:35,680
Speaker 3: of the car, threw up, and she got him a

573
00:30:35,680 --> 00:30:37,600
Speaker 3: ginger ale out of bodega and they walked through his hands.

574
00:30:37,600 --> 00:30:41,280
Speaker 3: So she told that entire story. The two new witnesses

575
00:30:41,680 --> 00:30:45,240
Speaker 3: that I found also particularly compelling. One was Bo. His

576
00:30:45,320 --> 00:30:48,120
Speaker 3: real name is Ernest. Ernest was one of the promoters,

577
00:30:48,520 --> 00:30:50,800
Speaker 3: and we asked him, well, how is it that you

578
00:30:50,880 --> 00:30:53,920
Speaker 3: remember that he was there, and he said, so, I

579
00:30:54,000 --> 00:30:56,120
Speaker 3: remember when he came in and I was joking about

580
00:30:56,160 --> 00:30:59,880
Speaker 3: whose waves were better. So, unprompted, he basically said he

581
00:31:00,040 --> 00:31:02,560
Speaker 3: had short hair at the time. And he also said

582
00:31:03,040 --> 00:31:05,080
Speaker 3: somebody had thrown up by the bar, and he asked

583
00:31:05,080 --> 00:31:07,360
Speaker 3: the bouncer what happened here, and he said, oh, you

584
00:31:07,400 --> 00:31:09,680
Speaker 3: know those two brothers. One of them was drunk and

585
00:31:09,720 --> 00:31:12,480
Speaker 3: I told they had to leave. So that was information

586
00:31:12,520 --> 00:31:13,600
Speaker 3: we didn't even know about.

587
00:31:13,760 --> 00:31:16,640
Speaker 1: I think it's also worthwhile to mention Tina Black, a

588
00:31:16,680 --> 00:31:19,000
Speaker 1: young woman who named James in the first place, is

589
00:31:19,080 --> 00:31:23,200
Speaker 1: sadly no longer with us. In twenty thirteen, she died

590
00:31:23,320 --> 00:31:26,440
Speaker 1: of complications related to the very diabetes that had kept

591
00:31:26,440 --> 00:31:29,360
Speaker 1: her from the party that faithful night all the way

592
00:31:29,400 --> 00:31:30,560
Speaker 1: back in two thousand and four.

593
00:31:30,720 --> 00:31:34,640
Speaker 3: And then lastly, and maybe the most emotionally compelling witness

594
00:31:34,920 --> 00:31:38,320
Speaker 3: was Tina Black Senior, the mother. So she came in,

595
00:31:38,480 --> 00:31:40,840
Speaker 3: you know, with the cane. She's like crippled by arthritis.

596
00:31:41,280 --> 00:31:45,600
Speaker 3: She basically was racked with guilt that her daughter eventually

597
00:31:45,640 --> 00:31:48,240
Speaker 3: confessed to her and that she had set James up

598
00:31:48,240 --> 00:31:50,680
Speaker 3: and that he was never coming home, and that she

599
00:31:50,760 --> 00:31:53,600
Speaker 3: was still in love with him. So that was extremely

600
00:31:53,640 --> 00:31:56,640
Speaker 3: compelling testimony. So that was essentially our case.

601
00:31:56,920 --> 00:31:59,680
Speaker 1: Then January twenty four to twenty twenty, sixteen years to

602
00:31:59,760 --> 00:32:04,440
Speaker 1: the after Blake Harper was tragically murdered, the judge denied

603
00:32:04,560 --> 00:32:08,320
Speaker 1: James Davis's wrongful conviction motion in its entirety. I remember

604
00:32:08,320 --> 00:32:11,560
Speaker 1: reading that the first time, we're going, oh god.

605
00:32:11,960 --> 00:32:15,880
Speaker 3: Right, we were stunned. And then we asked the judge

606
00:32:15,880 --> 00:32:18,120
Speaker 3: to reopen the hearings so that we could call this

607
00:32:18,280 --> 00:32:21,640
Speaker 3: FBI agent, so that we could show that they would

608
00:32:21,680 --> 00:32:24,720
Speaker 3: have known about this evidence that Matchi Coodi was not

609
00:32:24,880 --> 00:32:28,480
Speaker 3: just a humble barber, but he was a major drug

610
00:32:28,520 --> 00:32:31,960
Speaker 3: dealer in Brooklyn, and the judge refused to reopen the hearing.

611
00:32:32,480 --> 00:32:36,120
Speaker 3: And now there's really literally one stop left on this.

612
00:32:36,640 --> 00:32:38,400
Speaker 3: You don't get to appeal a four to forty as

613
00:32:38,400 --> 00:32:40,960
Speaker 3: a matter of right, you have to ask permission. He's

614
00:32:41,000 --> 00:32:43,920
Speaker 3: called seeking leave to appeal, and we did get permission

615
00:32:43,960 --> 00:32:46,800
Speaker 3: to appeal. So we are in the process of writing

616
00:32:46,800 --> 00:32:49,520
Speaker 3: a brief and this is the last stop. We are

617
00:32:49,840 --> 00:32:52,560
Speaker 3: going to the second apartment at Pellet Division and asking

618
00:32:52,600 --> 00:32:56,160
Speaker 3: them first and foremost to find him innocent and dismiss

619
00:32:56,200 --> 00:32:56,840
Speaker 3: these charges.

620
00:33:02,000 --> 00:33:04,200
Speaker 1: So it turns out that the last stop in the

621
00:33:04,240 --> 00:33:08,040
Speaker 1: second department of Pellet Division, Jay and Elizabeth Hail Mary

622
00:33:08,120 --> 00:33:10,760
Speaker 1: pass was a great success. And I have with me

623
00:33:11,080 --> 00:33:16,360
Speaker 1: right now, James J. Davis. Jay, welcome back to wrongful conviction,

624
00:33:16,880 --> 00:33:18,200
Speaker 1: finally breathing free.

625
00:33:18,560 --> 00:33:21,040
Speaker 5: Hey man, thank you, Jason, thank you for having me back.

626
00:33:21,160 --> 00:33:24,880
Speaker 5: It feels good to actually be doing this from my

627
00:33:25,000 --> 00:33:27,520
Speaker 5: own cell phone, ins out of a jail phone.

628
00:33:27,760 --> 00:33:30,360
Speaker 1: Yeah. I mean, obviously this should have never happened. It

629
00:33:30,400 --> 00:33:31,840
Speaker 1: would have been better if you never had to go

630
00:33:31,880 --> 00:33:34,160
Speaker 1: through this in the first place. But now, from what

631
00:33:34,280 --> 00:33:37,920
Speaker 1: I understand, Elizabeth was able to finally prove that your

632
00:33:37,960 --> 00:33:42,000
Speaker 1: trial counsel was ineffective because he failed to present any

633
00:33:42,160 --> 00:33:45,000
Speaker 1: of the laundry list of alibi witnesses that would have

634
00:33:45,960 --> 00:33:50,600
Speaker 1: easily and certainly cast reasonable doubt and proven your innocence

635
00:33:50,680 --> 00:33:53,360
Speaker 1: at the original trial. Do you have, like if you

636
00:33:53,400 --> 00:33:56,240
Speaker 1: could say anything to them, because they're probably listening, let's

637
00:33:56,280 --> 00:33:59,000
Speaker 1: face it, do you have a message for Elizabeth and

638
00:33:59,160 --> 00:34:02,000
Speaker 1: all her great people at the Legal Aid Society.

639
00:34:02,240 --> 00:34:06,160
Speaker 5: I gotta think Susan and Elizabeth and the rest of

640
00:34:06,160 --> 00:34:09,520
Speaker 5: the Legal Aid Society for the help that they gave me.

641
00:34:09,760 --> 00:34:11,600
Speaker 2: Is without them, I wouldn't be here right now.

642
00:34:12,160 --> 00:34:14,439
Speaker 1: So that's the great news. But the truth is we're

643
00:34:14,440 --> 00:34:17,120
Speaker 1: not completely out of the woods yet because after all,

644
00:34:17,120 --> 00:34:20,239
Speaker 1: the Brooklyn DA has the choice to either appeal the decision,

645
00:34:20,480 --> 00:34:23,600
Speaker 1: retry you, or dismiss the charges, and we're all hoping

646
00:34:23,680 --> 00:34:26,160
Speaker 1: and so many of us are praying that they choose

647
00:34:26,200 --> 00:34:29,080
Speaker 1: the latter, because, as we've outlined here, out of the

648
00:34:29,120 --> 00:34:32,440
Speaker 1: three who originally identified you, there's Sean Belton who recanted,

649
00:34:32,640 --> 00:34:35,200
Speaker 1: and Harold Poe who didn't testify at the second trial

650
00:34:35,280 --> 00:34:39,040
Speaker 1: and always only said James resemble the shooter. So that

651
00:34:39,160 --> 00:34:42,600
Speaker 1: leaves the dead drug dealer who lied to the jury

652
00:34:42,640 --> 00:34:46,799
Speaker 1: about his true identity, a lie the prosecutor capitalized on

653
00:34:46,880 --> 00:34:52,239
Speaker 1: in her summation. The likely incentivized witness, Jose Machacote is

654
00:34:52,280 --> 00:34:57,120
Speaker 1: the only person left identifying you. Meanwhile, the person who

655
00:34:57,239 --> 00:35:01,359
Speaker 1: was stabbed and saw Tay Hall kill Black Harper. Of course,

656
00:35:01,360 --> 00:35:04,880
Speaker 1: I'm referring to Jamal Black, a guy who, despite his

657
00:35:05,080 --> 00:35:08,879
Speaker 1: own personal grudge against you, testify to your innocence and

658
00:35:09,000 --> 00:35:13,560
Speaker 1: today Hall's guilt. So if the Brooklyn DA's Office chooses

659
00:35:13,600 --> 00:35:17,120
Speaker 1: to continue to charge you, it's definitely not any interest

660
00:35:17,160 --> 00:35:20,959
Speaker 1: of justice. Please don't let us down here. And that said, Jay,

661
00:35:21,040 --> 00:35:23,000
Speaker 1: what have you been up to since you released in

662
00:35:23,040 --> 00:35:24,200
Speaker 1: May twenty twenty one.

663
00:35:24,400 --> 00:35:26,680
Speaker 2: I've been trying to spend time with my family. Men, you,

664
00:35:26,800 --> 00:35:28,080
Speaker 2: my grandmother, me.

665
00:35:28,080 --> 00:35:31,080
Speaker 5: And have been talking one on one about creating new

666
00:35:31,120 --> 00:35:35,920
Speaker 5: memories because, as I told you before, my mother was

667
00:35:36,000 --> 00:35:38,920
Speaker 5: murdered at the Mother's Day and my brother was murdered

668
00:35:38,960 --> 00:35:42,480
Speaker 5: right at the Father's Day. So we've been putting positive

669
00:35:42,600 --> 00:35:45,560
Speaker 5: energy into the universe to create new memories for them.

670
00:35:45,560 --> 00:35:49,399
Speaker 2: Two occasions and me coming home started it off.

671
00:35:50,520 --> 00:35:54,279
Speaker 5: So we're trying to continue try to do something nice

672
00:35:54,320 --> 00:35:57,640
Speaker 5: for our birthday, create some better memories, cover up the

673
00:35:57,680 --> 00:36:03,319
Speaker 5: old ones, just have some happy moments, Man, enjoy the

674
00:36:03,320 --> 00:36:04,400
Speaker 5: rest of our time together.

675
00:36:04,960 --> 00:36:08,000
Speaker 1: And is there any way that our wonderful audience can

676
00:36:08,040 --> 00:36:09,320
Speaker 1: show you their support.

677
00:36:09,480 --> 00:36:12,480
Speaker 5: There's a go fundme base that my family is running

678
00:36:12,480 --> 00:36:14,080
Speaker 5: for me right now, and I'm trying to get me

679
00:36:14,760 --> 00:36:18,560
Speaker 5: be adjusted back to society. Anything that the audience can

680
00:36:18,560 --> 00:36:19,720
Speaker 5: do to help would be great.

681
00:36:19,760 --> 00:36:19,960
Speaker 1: Man.

682
00:36:20,040 --> 00:36:22,720
Speaker 2: I'm just happy to be here and have this opportunity.

683
00:36:22,960 --> 00:36:25,880
Speaker 1: We will absolutely definitely have that link in our bios

684
00:36:25,880 --> 00:36:29,160
Speaker 1: so our listeners can help. And I can honestly say,

685
00:36:29,400 --> 00:36:31,799
Speaker 1: and everyone who knows me knows this. Nothing makes me

686
00:36:31,880 --> 00:36:36,160
Speaker 1: happier than news like yours. So thank you again for

687
00:36:36,280 --> 00:36:39,480
Speaker 1: talking with us. And with that, I'd like to give

688
00:36:39,520 --> 00:36:41,919
Speaker 1: your closing an argument and update. And what I mean

689
00:36:41,960 --> 00:36:44,440
Speaker 1: now again is I'm just gonna kick back in my chair,

690
00:36:45,080 --> 00:36:49,080
Speaker 1: turn off my microphone and just listen to whatever you

691
00:36:49,200 --> 00:36:49,600
Speaker 1: have to.

692
00:36:49,600 --> 00:36:53,239
Speaker 2: Say, Jason, Man, I just want to say thank you. Man.

693
00:36:53,280 --> 00:36:57,759
Speaker 5: I want to thank you again, thank Susan Epstein, Elizabeth

694
00:36:57,760 --> 00:37:00,600
Speaker 5: Felber and the Legal Aid Society for the help that

695
00:37:00,680 --> 00:37:01,319
Speaker 5: they've given me.

696
00:37:01,440 --> 00:37:01,640
Speaker 1: Man.

697
00:37:02,200 --> 00:37:04,319
Speaker 2: I don't want to thank God. Man is without him

698
00:37:04,360 --> 00:37:05,160
Speaker 2: I wouldn't be here.

699
00:37:11,640 --> 00:37:14,520
Speaker 1: Thank you for listening to Wrongful Conviction with Jason Flahm.

700
00:37:15,040 --> 00:37:18,040
Speaker 1: Please support your local innocence projects and go to the

701
00:37:18,080 --> 00:37:20,040
Speaker 1: link in our bio to see how you can help.

702
00:37:20,520 --> 00:37:23,560
Speaker 1: I'd like to thank our production team Connor Hall, Jeff

703
00:37:23,600 --> 00:37:27,440
Speaker 1: Clyburn and Kevin Warnis. The music on the show, as always,

704
00:37:27,520 --> 00:37:31,040
Speaker 1: is by three time OSCAR nominated composer Jay Ralph. Be

705
00:37:31,120 --> 00:37:34,319
Speaker 1: sure to follow us on Instagram at Wrongful Conviction and

706
00:37:34,440 --> 00:37:38,720
Speaker 1: on Facebook at Wrongful Conviction Podcast. Wrongful Conviction with Jason

707
00:37:38,719 --> 00:37:41,160
Speaker 1: Flahm is a production of Lava for Good Podcasts and

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00:37:41,239 --> 00:37:46,959
Speaker 1: association with Signal Company Number one