WEBVTT - #333 Maggie Freleng with Ashley Jordan

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<v Speaker 1>A note for listeners, this episode contains discussion of suicide.

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<v Speaker 1>Please listen with caution and care. In May of two

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<v Speaker 1>thousand and eight, Ashley and Albert Deblbot welcomed their first baby, girl,

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<v Speaker 1>Mackenzie Leilani. The Deblebots were a successful military couple stationed

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<v Speaker 1>in Fort Benning, Georgia, and the birth of their daughter

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<v Speaker 1>filled them with more joy than they ever imagined. Once

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<v Speaker 1>they brought baby Mackenzie home from the hospital, the new

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<v Speaker 1>parents put her to bed and went to sleep. In

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<v Speaker 1>the early morning hours, Ashley and Albert woke up to

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<v Speaker 1>find Mackenzie in distress. Concerned, they took her back to

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<v Speaker 1>the hospital.

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<v Speaker 2>Maybe a couple hours later. The doctor comes in and

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<v Speaker 2>tells that she passed, and my ex husban hit the floor.

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<v Speaker 2>He started crying and screaming, rolling and I just kind

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<v Speaker 2>of sat there looking at the wall. And then I

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<v Speaker 2>looked at the doctor and said, go get my baby

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<v Speaker 2>ready so we can take her home. I think I

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<v Speaker 2>was just in denial and shop because you just didn't

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<v Speaker 2>tell me that my daughter was dead. And then Columbus

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<v Speaker 2>Police Department showed up, and that's when everything pretty much

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<v Speaker 2>went to hell. My name is Ashley Jordan. I spent

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<v Speaker 2>twelve years and two months in the Georgia Department of

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<v Speaker 2>Corrections prison system, wrongfully convicted the requme that I did not.

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<v Speaker 1>Commit from love of for good. This is wrongful conviction

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<v Speaker 1>with Maggie Freeling today. Ashley Jordan actually Jordan, was born

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<v Speaker 1>in Laurel, Mississippi, on May thirteenth, nineteen eighty four, to

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<v Speaker 1>Brenda Dolores Jones and Thurman Jordan sr.

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<v Speaker 3>Oh.

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<v Speaker 2>As they're growing up, let me tell you about the

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<v Speaker 2>little Poe. That's her nickname, Poe.

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<v Speaker 1>That's Ashley's mom, Brenda.

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<v Speaker 2>She was.

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<v Speaker 3>She was a sweet little girl. Didn't never have to

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<v Speaker 3>get no whoopings for nothing. She was shad and you

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<v Speaker 3>know I didn't take.

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<v Speaker 2>Much of her to feed it.

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<v Speaker 1>Ashley grew up with three brothers in a military family.

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<v Speaker 1>After just a few years in Mississippi, Ashley's dad moved

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<v Speaker 1>their family to Detroit, Michigan. Ashley adored her dad.

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<v Speaker 2>My dad was very hands on with us. He always

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<v Speaker 2>made sure we showed love to each other as brothers

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<v Speaker 2>and sisters. He helped pray with us at night.

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<v Speaker 1>Ashley's family loved any excuse to get together.

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<v Speaker 2>Our family is very big and They liked to cook

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<v Speaker 2>out a lot, so there's a cook out for every

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<v Speaker 2>We love to get together and eat, So that was

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<v Speaker 2>one of the fondest memories I have from grown up

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<v Speaker 2>is being able to get together with our family members

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<v Speaker 2>and we eat and have a good time.

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<v Speaker 1>But behind closed doors, family life wasn't as picture perfect

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<v Speaker 1>as it seemed.

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<v Speaker 2>My childhood life with my mom and dad married was

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<v Speaker 2>very I like to call it chaotic. It was just

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<v Speaker 2>a lot of it was always a lot of arguing

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<v Speaker 2>going on. My mom was a heavy drinker and my

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<v Speaker 2>dad wasn't, so a lot of times that was a

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<v Speaker 2>problem because they bumped heads with a lot of things.

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<v Speaker 1>Her parents' marriage eventually fell apart, so Ashley's mom packed

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<v Speaker 1>up and moved with the kids back to their home state.

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<v Speaker 2>So we moved back to Mississippi in nineteen ninety two.

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<v Speaker 2>My mom got a job and pretty much just settled

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<v Speaker 2>us there. I don't think we understood as kids that

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<v Speaker 2>we were going to be living in in in Mississippi.

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<v Speaker 2>I believed that we were just going to visit and

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<v Speaker 2>we were going to make home to Detroit. But we

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<v Speaker 2>started registering for school. It just kind of came out

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<v Speaker 2>of nowhere where we had to start over again as kids.

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<v Speaker 1>Brendo worked hard as a single parent to make ends meet.

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<v Speaker 1>She and Ashley are close now, but at the time,

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<v Speaker 1>Ashley wanted to get out of that situation.

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<v Speaker 2>To be honest with you, I didn't want to save

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<v Speaker 2>my mom anyway at that time because of her drinking.

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<v Speaker 2>I just didn't like it. All my other friends, their

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<v Speaker 2>moms didn't drink like that, So I saw a difference

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<v Speaker 2>in that pattern. Like I said, she was a great

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<v Speaker 2>mother when it came to taking care of us, It's

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<v Speaker 2>just the drinking was very It put a strain on

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<v Speaker 2>me and our relationship.

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<v Speaker 1>Early on, Ashley opted to leave her mom's house and

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<v Speaker 1>instead live with her grandparents. However, things weren't much better.

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<v Speaker 1>Once she made the move. She started to notice similarities

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<v Speaker 1>between her grandfather's behal behavior and her mother's.

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<v Speaker 2>My grandfather, her dad was a heavy drinker, heavy drinker,

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<v Speaker 2>was putting it lightly. He was an alcoholic. So I've

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<v Speaker 2>seen the pattern of where my mom where. That filtered

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<v Speaker 2>on then to her. So in the house of my grandmother,

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<v Speaker 2>we dealt with a lot of the same chaos.

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<v Speaker 1>At the same time, she was facing these family troubles.

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<v Speaker 1>Ashley was also maturing and learning to live her own life.

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<v Speaker 1>Here's Brenda again.

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<v Speaker 3>And she grew up and got older. She saw coming

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<v Speaker 3>out of it and saw a door that she became

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<v Speaker 3>a cheerleader school stuff like that, played basketball Northeast Jones Tigers.

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<v Speaker 2>Yes, Lady Tigers.

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<v Speaker 3>Mm hmm, Yeah, she was a basketball player.

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<v Speaker 2>Cheer leader with those five sixty legs. Yes.

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<v Speaker 1>Ashley also loved school. She was smart and ambitious. She

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<v Speaker 1>even had a career picked out for herself, one that

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<v Speaker 1>she admits was inspired by her own unique smile.

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<v Speaker 2>You've seen and I have a gap between my teeth,

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<v Speaker 2>and I've always been very fond of teeth. I like

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<v Speaker 2>teeth and how they look, and I wanted to be

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<v Speaker 2>an orthodonosis.

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<v Speaker 1>But Ashley wound up on a different path. The turning

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<v Speaker 1>point came one day when she was out shopping with

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<v Speaker 1>a friend and.

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<v Speaker 2>We were shopping at a place that was right next

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<v Speaker 2>door to the recruiting office for the aug of the

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<v Speaker 2>branches in the military, and it was a recruiter sign

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<v Speaker 2>outside smoking a cigarette.

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<v Speaker 1>Ashley was impressed by his uniform. She told him he

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<v Speaker 1>looked spiffy.

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<v Speaker 2>And he said, you want one? I said whatever, And

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<v Speaker 2>before I knew it, I was sitting in his office

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<v Speaker 2>looking at brochures. In my family, they always encourage you

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<v Speaker 2>to go to college, go to college, and I thought,

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<v Speaker 2>you know what, I've just been twelve years in school.

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<v Speaker 2>I don't want to go to college. He's not right then,

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<v Speaker 2>and I did.

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<v Speaker 1>She did want to get a college education eventually, so

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<v Speaker 1>Ashley was sold on the idea that the military would

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<v Speaker 1>finance her ambition.

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<v Speaker 2>And all I can think was pay for college, Pay

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<v Speaker 2>for college. I didn't tell anybody I was joining got

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<v Speaker 2>into my mom. I didn't tell anybody. I just kept

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<v Speaker 2>it a secret.

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<v Speaker 1>After high school graduation in two thousand and two, Ashley's

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<v Speaker 1>friends started going off to college.

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<v Speaker 2>And my mom came to me one day and she said, so,

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<v Speaker 2>what do you got going on? And I said what

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<v Speaker 2>do you mean? She said, are you going to school

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<v Speaker 2>or are you going to start working or something? And

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<v Speaker 2>I was like, well, I got something else playing. She

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<v Speaker 2>said like what, Because you haven't said anything to me.

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<v Speaker 2>I looked up.

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<v Speaker 3>One day my baby came home.

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<v Speaker 2>She came home from work, said she was in to

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<v Speaker 2>join the Earth. I said, oh who.

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<v Speaker 1>On the day she told Brenda the news Ashley brought

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<v Speaker 1>an army recruiter to her mom's house to meet and

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<v Speaker 1>talk about her plans.

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<v Speaker 2>So he comes walking up the driveway and she looked

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<v Speaker 2>at me and she just started She was so excited.

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<v Speaker 2>I said, are you happy, and she said, yes, I'm happy.

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<v Speaker 2>She said, this is a great career. My mom was

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<v Speaker 2>the most supportive person I had in my army career.

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<v Speaker 1>Ashley originally joined as part of the Army Reserve and

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<v Speaker 1>wound up stationed in South Korea in two thousand and seven.

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<v Speaker 1>She soon worked her way up to sergeant. Ashley loved

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<v Speaker 1>the military, and after only three months in South Korea,

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<v Speaker 1>she was about to find another love. Tell me how

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<v Speaker 1>you meet Albert.

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<v Speaker 2>By my first time. I was actually going into my

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<v Speaker 2>barricks room for the first time, and he walked by

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<v Speaker 2>and I complimented his calf muscles. He got some nice

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<v Speaker 2>calf muscles. And he looked at me and was looking

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<v Speaker 2>at me like, this girl is weird.

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<v Speaker 1>Albert double Bud was a mail clerk in Ashley's unit.

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<v Speaker 1>She would often see him around.

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<v Speaker 2>He was lower ranking and I was high, and so

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<v Speaker 2>he just kind of kept it professional, going back and

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<v Speaker 2>forth and beyond every guy at that unit was trying

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<v Speaker 2>to get my attention to talk to me, but he wasn't,

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<v Speaker 2>and that kind of intrigued me. So I started to

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<v Speaker 2>like him and I kind of went after him, and

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<v Speaker 2>one day I stopped and talked to him, and we

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<v Speaker 2>started watching DVDs together and we realized we had that

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<v Speaker 2>we love the same kind of movies and the same

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<v Speaker 2>kind of music, and that's kind of where the conversation started.

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<v Speaker 2>And so I knew we were going on our first date.

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<v Speaker 1>So besides his cabs, what else did you like about him?

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<v Speaker 2>We weren't dressed. I have this I love the way

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<v Speaker 2>he dressed, and I realized that he was really nice,

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<v Speaker 2>like beyond just being a soldier, he was a really

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<v Speaker 2>nice guy.

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<v Speaker 1>Theirs was a whirlwind romance, you know.

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<v Speaker 2>It was kind of quick, but I don't have a

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<v Speaker 2>time living on love. I'm gonna say that I'm the

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<v Speaker 2>kind of person that it's there, is there, and I'm

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<v Speaker 2>going to go for it. So we met, we started

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<v Speaker 2>dating August two thousand and seven, We got engaged September

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<v Speaker 2>two thousand and seven, and we got married over in

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<v Speaker 2>nineteen two thousand and seven.

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<v Speaker 1>And the couple had more good news while still in Korea.

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<v Speaker 1>After their engagement, Ashley found out she was pregnant.

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<v Speaker 2>I threw this pretticages in face. She looks, look look,

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<v Speaker 2>and he looked at me. He's like, what does this mean?

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<v Speaker 2>I said, it means we're pregnant. So we were super

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<v Speaker 2>excited to be having a baby.

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<v Speaker 1>She and Albert wanted to have their baby in the States,

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<v Speaker 1>so Ashley was able to get an honorable discharge.

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<v Speaker 2>I want to be a hands on mom. I don't

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<v Speaker 2>want to be thinking that I'm going to be shipped here,

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<v Speaker 2>shipped there, and my kids are being transferred from here

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<v Speaker 2>to there. I just didn't want to deal with that.

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<v Speaker 2>I'd rather be at home with my kids.

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<v Speaker 1>Before coming to South Korea, Albert had served in Iraq.

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<v Speaker 1>The newlyweds didn't want to worry about him being deployed again,

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<v Speaker 1>so they found a military base where Albert could be

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<v Speaker 1>on active duty without being marshaled out.

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<v Speaker 2>So that's how we wind up in Georgia because that

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<v Speaker 2>was the only due the station that was offering him

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<v Speaker 2>a non deployable status where he wouldn't miss the baby's

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<v Speaker 2>birth or I wouldn't be left alone.

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<v Speaker 1>By March two thousand and eight, the young couple was

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<v Speaker 1>back in the States getting ready for the birth of

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<v Speaker 1>their baby a few months later. Albert was asleep and

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<v Speaker 1>Ashley was beside him in bed, watching TV and eating.

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<v Speaker 2>Let me tell you what I was eating. I had

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<v Speaker 2>a tray full of food. I had chocolate chip cookies,

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<v Speaker 2>two peanutreater and jelly salwiches, a glass of milk, a

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<v Speaker 2>bowl of cereals, and grapes and strawberries. And I was

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<v Speaker 2>sitting there in the bed eating, and I was watching

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<v Speaker 2>George Lopez laughing, and I started having contractions, and it

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<v Speaker 2>got so bad that at one point I slung my

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<v Speaker 2>fists over on the bed because the contraction hit me

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<v Speaker 2>so hard, and I hit him and he said, what's wrong.

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<v Speaker 2>I think I'm having the baby.

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<v Speaker 1>They headed to Martin Army Community Hospital, where on May

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<v Speaker 1>twenty ninth, two thousand and eight, Ashley gave birth to

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<v Speaker 1>a baby girl, Mackenzie Leilanie. Ashley had always loved the

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<v Speaker 1>name Mackenzie, and Leilani was chosen by Albert, who is pollowin.

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<v Speaker 2>I've had Mackenzie name picked out since the ninth grade.

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<v Speaker 2>I was super excited to name my daughter McKenzie. So

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<v Speaker 2>her middle name is Leilani and it means beautiful flower

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<v Speaker 2>and allowing culture.

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<v Speaker 1>After two and a half days in the hospital, Ashley

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<v Speaker 1>and Albert were able to take Mackenzie home. As for

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<v Speaker 1>many new parents, their first evening home was nerve wracking.

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<v Speaker 2>I was afraid to go to sleep. My mind Frank

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<v Speaker 2>kept thinking, if you go to sleep, something's gonna have

0:12:50.120 --> 0:12:52.079
<v Speaker 2>She's gonna roll over, she's gonna smother. I don't know.

0:12:52.080 --> 0:12:55.040
<v Speaker 2>I was just very cautious. I was scared. My mom,

0:12:55.120 --> 0:12:57.520
<v Speaker 2>of course, you know, advice from older people was saying, Ashley,

0:12:57.559 --> 0:12:58.679
<v Speaker 2>you can go to sleep.

0:12:59.080 --> 0:13:02.280
<v Speaker 1>And Albert was already asleep preparing to go back to work.

0:13:02.679 --> 0:13:05.559
<v Speaker 1>So Ashley relented and tried to get some sleep herself,

0:13:05.800 --> 0:13:13.640
<v Speaker 1>with Mackenzie in the bacinet next to the bed. In

0:13:13.679 --> 0:13:16.840
<v Speaker 1>the early morning hours of June first, Ashley and Albert

0:13:16.840 --> 0:13:18.520
<v Speaker 1>were both sleeping fitfully.

0:13:19.240 --> 0:13:21.880
<v Speaker 2>We were tussling in the bed and we both woke

0:13:21.920 --> 0:13:24.760
<v Speaker 2>each other up, and we both were dreaming. And I

0:13:24.800 --> 0:13:26.440
<v Speaker 2>looked at him, he looked at me. I said, I

0:13:26.480 --> 0:13:29.400
<v Speaker 2>just had the craziest dream, and he said me too.

0:13:29.960 --> 0:13:32.640
<v Speaker 1>And then they heard Mackenzie fussing in her baconet.

0:13:33.679 --> 0:13:36.000
<v Speaker 2>I said, well, it's your turn to feeder. So he

0:13:36.040 --> 0:13:37.440
<v Speaker 2>was getting the bottle ready and I was getting her

0:13:37.440 --> 0:13:39.959
<v Speaker 2>out of the bassinette. I would tell him about my dream.

0:13:40.360 --> 0:13:42.920
<v Speaker 2>I said, I was dreaming I was faring through elevator shaft.

0:13:43.080 --> 0:13:44.440
<v Speaker 2>I said, but when I got to the bottom, I

0:13:44.440 --> 0:13:46.640
<v Speaker 2>woke up. He said, Oh my god, I was dreaming

0:13:46.640 --> 0:13:48.640
<v Speaker 2>if falling off a cliff. He said, but when I

0:13:48.640 --> 0:13:50.120
<v Speaker 2>got to the bottom, I woke up. And I said,

0:13:50.120 --> 0:13:55.040
<v Speaker 2>that's crazy. And we just started feeding her, and then

0:13:55.040 --> 0:13:57.760
<v Speaker 2>I noticed the lump on her head and I said,

0:13:57.760 --> 0:13:58.160
<v Speaker 2>what is that.

0:14:00.320 --> 0:14:02.920
<v Speaker 1>Ashley called the hospital and spoke to a doctor about

0:14:02.960 --> 0:14:06.280
<v Speaker 1>the lump of Mackenzie's forehead, but the doctor said she

0:14:06.440 --> 0:14:06.920
<v Speaker 1>was fine.

0:14:08.679 --> 0:14:11.560
<v Speaker 2>So then we tried to feed her and she was

0:14:11.640 --> 0:14:14.000
<v Speaker 2>like she was gasping for air, like she just looked

0:14:14.040 --> 0:14:16.680
<v Speaker 2>she just couldn't breathe. And I called him back and said,

0:14:16.720 --> 0:14:20.360
<v Speaker 2>we're bringing her in. And by this time we're hysterical

0:14:20.440 --> 0:14:24.120
<v Speaker 2>because she doesn't look good. She looks like she's turning colors.

0:14:24.160 --> 0:14:26.520
<v Speaker 2>And we left everything at a disarray and we left

0:14:26.560 --> 0:14:28.040
<v Speaker 2>in such of her. We left our cell phones at

0:14:28.040 --> 0:14:28.440
<v Speaker 2>the house.

0:14:29.920 --> 0:14:33.280
<v Speaker 1>Within minutes, Mackenzie had taken a turn for the.

0:14:33.240 --> 0:14:37.320
<v Speaker 2>Worst, and we get to the hospital and before he

0:14:37.320 --> 0:14:38.920
<v Speaker 2>get me even stopped the car, I was jumping out

0:14:38.920 --> 0:14:40.640
<v Speaker 2>and I ran inside of the Mercy room and I

0:14:40.720 --> 0:14:42.960
<v Speaker 2>threw her out at the nurse and I said, please

0:14:43.040 --> 0:14:44.280
<v Speaker 2>help my baby. Something wrong.

0:15:01.600 --> 0:15:06.040
<v Speaker 1>This episode is underwritten by AIG, a leading global insurance company.

0:15:06.440 --> 0:15:10.480
<v Speaker 1>AIG is committed to corporate social responsibility and to making

0:15:10.520 --> 0:15:13.200
<v Speaker 1>a positive difference in the lives of its employees and

0:15:13.240 --> 0:15:16.240
<v Speaker 1>in the communities where they work and live. In light

0:15:16.280 --> 0:15:19.200
<v Speaker 1>of the compelling need for pro bono legal assistance, and

0:15:19.240 --> 0:15:23.680
<v Speaker 1>in recognition of AIG's commitment to criminal and social justice reform,

0:15:24.000 --> 0:15:28.040
<v Speaker 1>the AIG pro Bono Program provides free legal services and

0:15:28.120 --> 0:15:38.320
<v Speaker 1>other support to underrepresented communities and individuals. Ashley called her

0:15:38.360 --> 0:15:40.720
<v Speaker 1>mom from the hospital to tell her what was happening.

0:15:41.200 --> 0:15:43.640
<v Speaker 1>Brenda and her husband had already planned to come meet

0:15:43.680 --> 0:15:46.960
<v Speaker 1>Mackenzie the following day, but now she was racing to

0:15:47.000 --> 0:15:48.000
<v Speaker 1>get to the hospital.

0:15:50.120 --> 0:15:52.160
<v Speaker 3>We's trying to get them, trying to get the fans

0:15:52.240 --> 0:15:56.400
<v Speaker 3>Laku and she just as said, maybe I'm on the way.

0:15:58.880 --> 0:16:00.920
<v Speaker 2>We're erratic, we're scared. We don't know what's going on.

0:16:02.760 --> 0:16:05.200
<v Speaker 1>A couple of hours passed as the new parents waited

0:16:05.240 --> 0:16:08.960
<v Speaker 1>anxiously for news of their baby. Finally, a doctor came

0:16:09.000 --> 0:16:12.400
<v Speaker 1>to tell Ashley and Albert that Mackenzie had passed away.

0:16:13.080 --> 0:16:15.240
<v Speaker 1>Albert collapsed on the floor.

0:16:16.840 --> 0:16:20.000
<v Speaker 2>He started crying and screaming and rolling and I just

0:16:20.080 --> 0:16:24.000
<v Speaker 2>kind of sat there looking at the wall. And then

0:16:24.040 --> 0:16:26.120
<v Speaker 2>I looked at the doctor and said, go get my

0:16:26.160 --> 0:16:28.120
<v Speaker 2>baby ready so we could take her home. I think

0:16:28.120 --> 0:16:30.640
<v Speaker 2>I was just in denial and shot because you just

0:16:30.640 --> 0:16:34.080
<v Speaker 2>didn't tell me that my daughter was dead, and I

0:16:34.120 --> 0:16:35.120
<v Speaker 2>just didn't want to believe it.

0:16:37.880 --> 0:16:40.880
<v Speaker 1>And then almost immediately after Albert and Ashley heard the

0:16:40.920 --> 0:16:44.560
<v Speaker 1>news about their baby girl, personnel from the military showed.

0:16:44.360 --> 0:16:47.720
<v Speaker 2>Up and I was a little weird about why they

0:16:47.760 --> 0:16:52.520
<v Speaker 2>were there. And then Columbus Police Department showed up, and

0:16:52.520 --> 0:16:57.560
<v Speaker 2>that's when everything pretty much went to hell, and in

0:16:57.640 --> 0:16:59.200
<v Speaker 2>my mind framed, I was like, no, this is not

0:16:59.280 --> 0:17:02.440
<v Speaker 2>this is not normal. Nobody calls the police when somebody

0:17:02.520 --> 0:17:05.239
<v Speaker 2>passes away. This is not normal. She wasn't murdered. Why

0:17:05.280 --> 0:17:08.919
<v Speaker 2>are they here? And when they separated us, and the

0:17:09.000 --> 0:17:11.080
<v Speaker 2>kind of questions they were asking and the way the

0:17:11.119 --> 0:17:14.880
<v Speaker 2>detective was looking at me, that's when I was I said,

0:17:14.920 --> 0:17:15.760
<v Speaker 2>they think we've done this.

0:17:22.560 --> 0:17:26.720
<v Speaker 1>Police took note that Albert was devastated, but that Ashley

0:17:27.040 --> 0:17:28.520
<v Speaker 1>wasn't showing as much emotion.

0:17:29.400 --> 0:17:31.760
<v Speaker 2>And at that time, I just lost a baby and

0:17:32.040 --> 0:17:35.760
<v Speaker 2>I don't know how to grieve. At this point, it

0:17:35.800 --> 0:17:38.679
<v Speaker 2>was just kind of unbelieved, like this was it was

0:17:39.040 --> 0:17:42.119
<v Speaker 2>like a nightmare happening before my eyes.

0:17:43.200 --> 0:17:45.760
<v Speaker 1>But at that point police took Ashley back to her

0:17:45.920 --> 0:17:49.560
<v Speaker 1>and Albert's apartment to photograph and search their home. They

0:17:49.560 --> 0:17:52.680
<v Speaker 1>began questioning her about what had happened that night.

0:17:54.320 --> 0:17:57.200
<v Speaker 2>Where was I, like, what time I went to sleep?

0:17:57.359 --> 0:18:00.600
<v Speaker 2>How long was Albert a sleep before I to sleep?

0:18:00.840 --> 0:18:02.960
<v Speaker 2>When do we do that day? Who came to the house?

0:18:03.720 --> 0:18:05.240
<v Speaker 2>Things like that, they were asking.

0:18:11.320 --> 0:18:14.000
<v Speaker 1>Once the police were done at the apartment, Ashley and

0:18:14.040 --> 0:18:17.680
<v Speaker 1>Albert were left to process all that had just happened.

0:18:20.040 --> 0:18:22.800
<v Speaker 2>We couldn't even sleep in our room because her room

0:18:22.880 --> 0:18:25.440
<v Speaker 2>was right next to ours with all her stuff, so

0:18:25.680 --> 0:18:29.360
<v Speaker 2>we slept downstairs. We couldn't go up there.

0:18:32.040 --> 0:18:34.240
<v Speaker 1>By this point, Ashley's mother had arrived.

0:18:36.320 --> 0:18:38.640
<v Speaker 2>That was just that was two devils. That was just over.

0:18:38.840 --> 0:18:41.920
<v Speaker 2>That was too much. Oh and I asked he was just.

0:18:41.960 --> 0:18:46.080
<v Speaker 3>Crying and and aver he was just screaming that background.

0:18:46.480 --> 0:18:48.480
<v Speaker 3>She was stronger than he were, you know, asked, was

0:18:48.480 --> 0:18:51.800
<v Speaker 3>slow and he was just screaming and crying, and she said, mamma, go,

0:18:51.880 --> 0:18:53.199
<v Speaker 3>let me go, try to take care of you know,

0:18:53.280 --> 0:19:05.760
<v Speaker 3>look after him.

0:19:05.920 --> 0:19:08.760
<v Speaker 1>The next morning, the police called and said the preliminary

0:19:08.800 --> 0:19:11.840
<v Speaker 1>autopsy report was ready and that the couple should come

0:19:11.840 --> 0:19:15.760
<v Speaker 1>to the station. Do you remember when you realized that

0:19:15.840 --> 0:19:18.160
<v Speaker 1>they thought that you and Albert had done this?

0:19:19.240 --> 0:19:22.000
<v Speaker 2>I realized that when they separated us, and then that's

0:19:22.040 --> 0:19:23.280
<v Speaker 2>when interrogation started.

0:19:23.960 --> 0:19:27.040
<v Speaker 1>Ashley was interrogated by Detective Andrew Tyner.

0:19:27.840 --> 0:19:30.399
<v Speaker 2>I will never forgive him because he caught me a monster,

0:19:31.600 --> 0:19:34.879
<v Speaker 2>and he said the preliminary optoxic results said that she

0:19:35.080 --> 0:19:38.800
<v Speaker 2>died from blunt force trauma to they head and she

0:19:38.880 --> 0:19:42.720
<v Speaker 2>had multiple score fractures, and that we did it.

0:19:43.640 --> 0:19:47.359
<v Speaker 1>Ashley and Albert were adamant they had nothing to do

0:19:47.560 --> 0:19:51.200
<v Speaker 1>with Mackenzie's death and had no idea what happened to her.

0:19:51.560 --> 0:19:54.920
<v Speaker 1>Yet they were held and interrogated four hours.

0:19:55.440 --> 0:19:58.240
<v Speaker 2>Now, mind you, on postpartum, I just had a baby

0:20:01.280 --> 0:20:04.520
<v Speaker 2>and my breast are filling it with milk, and they

0:20:04.560 --> 0:20:08.199
<v Speaker 2>just sat there and interrogating me for hours and wouldn't

0:20:08.240 --> 0:20:11.840
<v Speaker 2>give me any feminine hygiene products. And I was bleeding

0:20:11.840 --> 0:20:15.199
<v Speaker 2>from having the baby, and they just sat there and

0:20:16.920 --> 0:20:23.000
<v Speaker 2>kept interrogating me, and so I didn't understand what was happening.

0:20:24.200 --> 0:20:26.840
<v Speaker 2>So I just assumed that I would go home, like

0:20:26.880 --> 0:20:28.880
<v Speaker 2>I just thought that we would go home. I didn't

0:20:28.880 --> 0:20:33.480
<v Speaker 2>think it would be what happened for sure, though. We

0:20:33.520 --> 0:20:34.240
<v Speaker 2>didn't go home.

0:20:34.960 --> 0:20:38.840
<v Speaker 1>And eventually the detectives tried to turn Ashley and Albert

0:20:39.000 --> 0:20:39.880
<v Speaker 1>against each other.

0:20:40.560 --> 0:20:43.080
<v Speaker 2>If one of y'all just say y'all did it, because

0:20:43.119 --> 0:20:44.960
<v Speaker 2>both of y'all gonna go to jail, and both y'all

0:20:44.960 --> 0:20:46.320
<v Speaker 2>gonna go to prison. But if one of y'all just

0:20:46.320 --> 0:20:48.240
<v Speaker 2>say y'all did it, then one of y'all can go

0:20:48.240 --> 0:20:50.080
<v Speaker 2>home and help fight for the other one. That's what

0:20:50.119 --> 0:20:53.160
<v Speaker 2>they told us. But they made sure nothing was recording

0:20:53.160 --> 0:20:57.280
<v Speaker 2>when they did that. And he was about to say

0:20:57.320 --> 0:21:00.720
<v Speaker 2>he did it just so I can go home and

0:21:00.800 --> 0:21:03.080
<v Speaker 2>won't go to jail, and I looked at him and

0:21:03.119 --> 0:21:04.919
<v Speaker 2>I grabbed his hand and I said, no, you're not.

0:21:05.760 --> 0:21:09.080
<v Speaker 2>You will not lie for these people. He said, I

0:21:09.119 --> 0:21:10.280
<v Speaker 2>don't want you to go to Joel. I said, I

0:21:10.280 --> 0:21:12.480
<v Speaker 2>don't care. We're gonna go together then, and that's just

0:21:12.480 --> 0:21:13.960
<v Speaker 2>what it's going to be. I said, because we didn't

0:21:13.960 --> 0:21:14.720
<v Speaker 2>do anything wrong.

0:21:22.280 --> 0:21:26.439
<v Speaker 1>Ashley and Albert were arrested that same day. Did you

0:21:26.560 --> 0:21:28.600
<v Speaker 1>think it was possible that they could have done this

0:21:28.760 --> 0:21:31.120
<v Speaker 1>at all? Did you think that was possible?

0:21:31.800 --> 0:21:32.000
<v Speaker 2>Oh?

0:21:32.160 --> 0:21:35.040
<v Speaker 3>No, baby, I never even think twice, not even for

0:21:35.119 --> 0:21:38.880
<v Speaker 3>a split second, that they done something to that baby.

0:21:38.880 --> 0:21:40.880
<v Speaker 3>Oh they were They owned a child, and they had

0:21:40.920 --> 0:21:42.520
<v Speaker 3>everything going for them.

0:21:42.840 --> 0:21:43.640
<v Speaker 2>Are you serious?

0:21:43.680 --> 0:21:47.560
<v Speaker 3>They had everything going for them.

0:21:47.720 --> 0:21:51.680
<v Speaker 1>Ashley was charged with malice murder, felony murder, and cruelty

0:21:51.720 --> 0:21:53.440
<v Speaker 1>to children in the first degree.

0:21:55.680 --> 0:22:01.520
<v Speaker 2>And it was the most humiliating experience is being booked

0:22:01.520 --> 0:22:06.359
<v Speaker 2>into the county jail. They strip you of everything that

0:22:06.520 --> 0:22:12.360
<v Speaker 2>was ever yours. I'm bleeding from having a baby. They

0:22:12.359 --> 0:22:15.080
<v Speaker 2>don't provide you with any type of extra clothing. They

0:22:15.119 --> 0:22:18.560
<v Speaker 2>just give you. They give you their uniform and I said, well,

0:22:18.560 --> 0:22:21.520
<v Speaker 2>I don't have any underwear and I'm bleeding. But it

0:22:21.560 --> 0:22:25.439
<v Speaker 2>was like aus so we don't provide that. And they

0:22:25.520 --> 0:22:29.520
<v Speaker 2>set me in a cell and a cold sale for

0:22:29.680 --> 0:22:32.480
<v Speaker 2>hours on concrete, and then I got took a mug

0:22:32.520 --> 0:22:37.280
<v Speaker 2>shot and they put me in a suicide sale and

0:22:37.320 --> 0:22:42.159
<v Speaker 2>I remember bleeding all over my pants. I just felt disgusted.

0:22:43.240 --> 0:22:45.960
<v Speaker 2>I just remember crying and crying in that cell, thinking

0:22:46.840 --> 0:22:49.320
<v Speaker 2>this can't be happening to us, like we didn't do

0:22:49.359 --> 0:22:49.880
<v Speaker 2>nothing wrong.

0:22:52.320 --> 0:22:55.800
<v Speaker 1>Alone in the cell, Ashley's mind was racing.

0:22:57.359 --> 0:23:00.680
<v Speaker 2>I started thinking about him, I started thinking about our daughter.

0:23:01.680 --> 0:23:06.520
<v Speaker 2>I started thinking about our life and how they were

0:23:06.560 --> 0:23:09.960
<v Speaker 2>portraying us to be. I wouldn't have been on top

0:23:10.000 --> 0:23:12.960
<v Speaker 2>of the world, had a new marriage. I was mad

0:23:12.960 --> 0:23:14.760
<v Speaker 2>a baby, and then I woke up in the whole

0:23:14.800 --> 0:23:16.359
<v Speaker 2>rebel was on top of me and I didn't know

0:23:16.359 --> 0:23:18.520
<v Speaker 2>how to breathe. And at that moment is when I

0:23:18.560 --> 0:23:23.760
<v Speaker 2>contemplated killing myself. I kept looking around thinking like what

0:23:23.800 --> 0:23:25.320
<v Speaker 2>can I do? How can I do it?

0:23:36.359 --> 0:23:39.440
<v Speaker 1>Over a year later, on October twenty sixth, two thousand,

0:23:39.880 --> 0:23:44.439
<v Speaker 1>the trial started. The prosecutor was Sadana Daily. Ashley and

0:23:44.480 --> 0:23:47.080
<v Speaker 1>Albert each had a separate defense team.

0:23:47.720 --> 0:23:51.240
<v Speaker 4>One of the things that the state really wanted to

0:23:51.480 --> 0:23:57.960
<v Speaker 4>present was to depict Ashley as a cold hearted, really

0:23:58.040 --> 0:24:02.679
<v Speaker 4>this angry black woman, because that's the kind of woman

0:24:03.560 --> 0:24:05.840
<v Speaker 4>that would harm her own child.

0:24:07.040 --> 0:24:10.560
<v Speaker 1>This is Jiminyue Rodgers. She's a criminal defense attorney and

0:24:10.600 --> 0:24:14.120
<v Speaker 1>a doctoral student in criminal justice and criminology and has

0:24:14.160 --> 0:24:15.840
<v Speaker 1>represented Ashley.

0:24:16.040 --> 0:24:20.080
<v Speaker 4>And so what the jury heard was the state saying

0:24:20.520 --> 0:24:25.360
<v Speaker 4>that Ashley was this cold hearted woman who was controlling,

0:24:25.800 --> 0:24:32.480
<v Speaker 4>controlling of Albert, and that she didn't show any appropriate

0:24:33.160 --> 0:24:39.280
<v Speaker 4>sadness when her baby died, and that whatever was going on,

0:24:39.440 --> 0:24:42.680
<v Speaker 4>they were trying to hide things. And then they presented

0:24:42.800 --> 0:24:46.720
<v Speaker 4>doctor Darisol to say that there is no way, there's

0:24:46.760 --> 0:24:52.080
<v Speaker 4>no other way other than intentionally an intentional blunt force trauma,

0:24:52.680 --> 0:24:55.120
<v Speaker 4>that the injuries to Mackenzie would have occurred.

0:24:56.200 --> 0:24:59.600
<v Speaker 1>Doctor Laura Darisaw was a medical examiner for the Georgia

0:24:59.640 --> 0:25:04.360
<v Speaker 1>Bureau of Investigation and the state's primary witness. She performed

0:25:04.359 --> 0:25:07.800
<v Speaker 1>the autopsy on Mackenzie the day after she died. Doctor

0:25:07.880 --> 0:25:12.199
<v Speaker 1>Darisaw said she found extensive fractures on Mackenzie's head and

0:25:12.320 --> 0:25:13.880
<v Speaker 1>bleeding in the brain.

0:25:14.440 --> 0:25:18.199
<v Speaker 4>And once she saw blood, she deemed this to be

0:25:18.400 --> 0:25:22.520
<v Speaker 4>a homicide and reached out called out to law enforcement

0:25:22.840 --> 0:25:26.680
<v Speaker 4>and communicated that unless the parents had some other explanation

0:25:26.840 --> 0:25:31.440
<v Speaker 4>for this, then it had to be blunt force trauma,

0:25:32.119 --> 0:25:36.639
<v Speaker 4>either by a series of blows to Mackenzie's head or

0:25:36.720 --> 0:25:39.080
<v Speaker 4>a crushing type of injury.

0:25:40.000 --> 0:25:43.280
<v Speaker 1>Doctor Darisol concluded that the injuries happened near the time

0:25:43.320 --> 0:25:46.800
<v Speaker 1>of Mackenzie's death by no more than four hours, and

0:25:46.840 --> 0:25:49.960
<v Speaker 1>the injuries were so traumatic that if they had happened

0:25:50.000 --> 0:25:54.479
<v Speaker 1>during birth, the hospital would have noticed. The prosecution concluded that,

0:25:54.520 --> 0:25:59.440
<v Speaker 1>without any other explanation, this was a homicide by the

0:25:59.480 --> 0:26:05.080
<v Speaker 1>only two people who were with Mackenzie that night. The

0:26:05.119 --> 0:26:09.439
<v Speaker 1>state also presented a jailhouse informant, Melvin Tarver, who had

0:26:09.480 --> 0:26:11.560
<v Speaker 1>been in jail at the same time as Albert.

0:26:12.040 --> 0:26:16.120
<v Speaker 4>He testified that on the morning that trial was about

0:26:16.200 --> 0:26:20.919
<v Speaker 4>to start, Albert told him that his wife had harmed

0:26:21.040 --> 0:26:21.560
<v Speaker 4>the baby.

0:26:22.680 --> 0:26:24.880
<v Speaker 1>Tarvor's story was that Albert told him he had gone

0:26:24.920 --> 0:26:27.480
<v Speaker 1>out to get drugs that night, and when he returned,

0:26:27.640 --> 0:26:30.640
<v Speaker 1>the baby wasn't moving. According to Albert.

0:26:30.920 --> 0:26:34.000
<v Speaker 4>He asked Ashley, you know what you did. What did

0:26:34.040 --> 0:26:37.240
<v Speaker 4>you do and asked, she says nothing. I just spanked

0:26:37.240 --> 0:26:38.280
<v Speaker 4>her and put her to bed.

0:26:39.920 --> 0:26:42.119
<v Speaker 1>Tell me about the jailhouse snitch. Can you tell me

0:26:42.160 --> 0:26:44.359
<v Speaker 1>what you thought when you saw them on the stand.

0:26:45.119 --> 0:26:48.199
<v Speaker 2>I was livid. I was ready to jump over that

0:26:48.400 --> 0:26:51.160
<v Speaker 2>table and fight, and I'm not a light in person.

0:26:52.119 --> 0:26:54.840
<v Speaker 2>But when he came to the door, I looked at Albert,

0:26:54.880 --> 0:26:56.680
<v Speaker 2>I said, do you know him? He said, no, I

0:26:56.680 --> 0:26:58.639
<v Speaker 2>don't know him at all, And I know he was

0:26:58.680 --> 0:27:01.760
<v Speaker 2>in line because I'm so I'm the person that can

0:27:01.840 --> 0:27:04.560
<v Speaker 2>walk into a room full of strangers and make friends.

0:27:04.720 --> 0:27:06.520
<v Speaker 2>He's gonna walk into the room and sit by himself.

0:27:06.960 --> 0:27:11.120
<v Speaker 2>He's not talking to anybody because he's quiet. He's very humble,

0:27:12.000 --> 0:27:18.000
<v Speaker 2>very to himself. So no, so I didn't believe it.

0:27:18.080 --> 0:27:20.119
<v Speaker 2>But I was so mad because I was look like,

0:27:20.160 --> 0:27:23.199
<v Speaker 2>what is who is this guy? But what made me

0:27:23.280 --> 0:27:25.679
<v Speaker 2>mad was that the fact that the judge even allowed

0:27:25.720 --> 0:27:26.280
<v Speaker 2>it to happen.

0:27:29.840 --> 0:27:33.200
<v Speaker 1>Jiminique says that off the bat, Ashley and Albert were

0:27:33.240 --> 0:27:35.280
<v Speaker 1>at a disadvantage.

0:27:35.960 --> 0:27:40.879
<v Speaker 4>There was a systemic breakdown in a fundamentally fair trial

0:27:41.560 --> 0:27:45.800
<v Speaker 4>for Albert in Ashley. They sat in jail for quite

0:27:45.840 --> 0:27:50.640
<v Speaker 4>some time without proper representation, and that sets the stage

0:27:50.680 --> 0:27:53.520
<v Speaker 4>for what happened with their attorneys once they got in court.

0:27:54.480 --> 0:27:58.400
<v Speaker 1>Ashley hired private attorneys Sandy Callahan, and Albert was appointed

0:27:58.560 --> 0:27:59.639
<v Speaker 1>Bill Mason.

0:28:00.480 --> 0:28:04.959
<v Speaker 4>And both of these were highly respected attorneys. They had

0:28:05.000 --> 0:28:10.399
<v Speaker 4>two very different perspectives of going into the trial. Albert's

0:28:10.640 --> 0:28:16.040
<v Speaker 4>attorney's strategy was to not challenge the medical evidence to

0:28:16.119 --> 0:28:20.320
<v Speaker 4>be presented by doctor Dearisol and the prosecutor On the

0:28:20.359 --> 0:28:24.520
<v Speaker 4>other hand, Ashley's attorney wanted and intended to challenge that

0:28:24.560 --> 0:28:25.360
<v Speaker 4>medical evidence.

0:28:26.400 --> 0:28:30.400
<v Speaker 1>In order to challenge the prosecution's medical evidence, Callahan brought

0:28:30.400 --> 0:28:33.960
<v Speaker 1>in John Plunkett, a forensic expert, to talk about shaking

0:28:34.040 --> 0:28:38.680
<v Speaker 1>baby syndrome or SBS. The science behind this diagnosis was

0:28:38.720 --> 0:28:41.720
<v Speaker 1>starting to be questioned at the time. Experts had found

0:28:41.760 --> 0:28:46.720
<v Speaker 1>other causes or conditions that could mimic symptoms of SBS. Today,

0:28:46.960 --> 0:28:50.920
<v Speaker 1>SBS is acknowledged to be junk science. But there was

0:28:50.960 --> 0:28:55.080
<v Speaker 1>a problem with Plunkett refuting doctor Dearisol. The judge Douglas

0:28:55.080 --> 0:28:58.720
<v Speaker 1>Pullan did not require the prosecution to turn over the

0:28:58.760 --> 0:29:01.520
<v Speaker 1>medical evidence they were going to use at trial.

0:29:02.120 --> 0:29:05.440
<v Speaker 4>And there was no way that the a defendant can

0:29:05.560 --> 0:29:08.920
<v Speaker 4>prepare a defense a medical defense without the evidence that

0:29:08.960 --> 0:29:15.560
<v Speaker 4>the prosecutor has, And because of the collaborative efforts of

0:29:15.760 --> 0:29:20.480
<v Speaker 4>the judge and the prosecutor in the case, the defense

0:29:20.560 --> 0:29:24.200
<v Speaker 4>was never able to get this information. So at that

0:29:24.320 --> 0:29:29.200
<v Speaker 4>point Ashley's attorney asked for a continuance. Albert's attorney opposed it,

0:29:29.880 --> 0:29:33.760
<v Speaker 4>and the judge, Judge Douglas Pullan, denied it, and so

0:29:33.920 --> 0:29:36.440
<v Speaker 4>that was the context in which the trial began.

0:29:37.520 --> 0:29:41.280
<v Speaker 1>So Ultimately, Ashley was unable to have a medical defense.

0:29:41.720 --> 0:29:44.719
<v Speaker 1>In fact, Callahan didn't put on much of a defense

0:29:44.760 --> 0:29:49.840
<v Speaker 1>for Ashley at all. During closing arguments, prosecutor Daily pointed

0:29:49.880 --> 0:29:53.680
<v Speaker 1>out that the defense did not present any evidence contradicting

0:29:53.760 --> 0:29:54.640
<v Speaker 1>doctor Dearisol.

0:29:55.760 --> 0:30:01.000
<v Speaker 4>Neither the defense attorney nor the judge stopped the prosecutor

0:30:01.560 --> 0:30:04.440
<v Speaker 4>when she shifted the burden too. The debl bot saying

0:30:04.600 --> 0:30:08.520
<v Speaker 4>they had the responsibility to present some evidence that this

0:30:08.800 --> 0:30:13.400
<v Speaker 4>was not homicide, and they would have, but they don't

0:30:13.440 --> 0:30:17.400
<v Speaker 4>have any evidence. And then they ended by arguing and

0:30:17.440 --> 0:30:22.160
<v Speaker 4>closing that the state didn't even have to prove, really

0:30:22.280 --> 0:30:24.440
<v Speaker 4>what we consider proof beyond a reasonable doubt.

0:30:25.480 --> 0:30:28.040
<v Speaker 1>At the end of any trial, if there's a doubt,

0:30:28.120 --> 0:30:31.920
<v Speaker 1>the jury must acquit. The prosecution's burden was to prove

0:30:32.160 --> 0:30:35.600
<v Speaker 1>beyond any doubt that Albert and Ashley were guilty, but

0:30:35.640 --> 0:30:39.840
<v Speaker 1>in her closing argument, Daily shifted the meaning of reasonable doubt.

0:30:41.160 --> 0:30:43.840
<v Speaker 4>She goes on and says, this means we don't have

0:30:43.960 --> 0:30:46.640
<v Speaker 4>to prove that ninety percent. You don't have to be

0:30:46.760 --> 0:30:50.440
<v Speaker 4>ninety percent sure, you don't have to be eighty percent sure,

0:30:51.000 --> 0:30:56.320
<v Speaker 4>you don't have to be fifty one percent sure. It

0:30:56.320 --> 0:30:59.880
<v Speaker 4>does not mean to a mathematical certainty. The fifty one

0:31:00.200 --> 0:31:05.480
<v Speaker 4>percent sure is so offensive because it simply means that

0:31:05.520 --> 0:31:09.120
<v Speaker 4>this prosecution doesn't have to present and doesn't have to

0:31:09.160 --> 0:31:10.560
<v Speaker 4>meet any Burton.

0:31:11.680 --> 0:31:16.000
<v Speaker 1>Either. Ashley nor Albert's attorneys objected to that misrepresentation of

0:31:16.080 --> 0:31:19.960
<v Speaker 1>reasonable doubt, and Daley went on to make other misstatements

0:31:20.000 --> 0:31:24.160
<v Speaker 1>and inaccuracies that the defense failed to object to as well.

0:31:26.760 --> 0:31:29.760
<v Speaker 1>After a short four day trial, on October twenty ninth,

0:31:29.800 --> 0:31:33.360
<v Speaker 1>two thousand and nine, Ashley and Albert were convicted of

0:31:33.400 --> 0:31:54.520
<v Speaker 1>all three charges and sentenced to life in prison. When

0:31:54.560 --> 0:31:57.760
<v Speaker 1>Ashley got to prison, she had no hope left.

0:31:58.680 --> 0:32:00.880
<v Speaker 2>I will try to commit suicide. And I tried to

0:32:00.880 --> 0:32:04.320
<v Speaker 2>take all my pills, and I had f my medicine,

0:32:04.360 --> 0:32:05.840
<v Speaker 2>and I tried to do it again, but a friend

0:32:05.880 --> 0:32:06.800
<v Speaker 2>walked in and stopped me.

0:32:09.960 --> 0:32:12.440
<v Speaker 1>Ashley knew she needed to create a routine if she

0:32:12.520 --> 0:32:15.600
<v Speaker 1>wanted to survive, so she got a job and started

0:32:15.640 --> 0:32:18.520
<v Speaker 1>making friends and taking courses and classes.

0:32:19.960 --> 0:32:21.280
<v Speaker 2>One thing I learned while I was there was to

0:32:21.320 --> 0:32:23.880
<v Speaker 2>stack your paper. If people say stack your paper your money,

0:32:23.880 --> 0:32:25.200
<v Speaker 2>I said, no, stack your resume.

0:32:30.000 --> 0:32:33.040
<v Speaker 1>In two thousand and nine, Ashley's team moved for a

0:32:33.080 --> 0:32:37.920
<v Speaker 1>new trial, arguing ineffective assistance of counsel based largely on

0:32:38.080 --> 0:32:41.800
<v Speaker 1>a failure to present medical evidence, rebutting the state's case.

0:32:44.200 --> 0:32:47.200
<v Speaker 1>A few years later, in twenty fourteen, Jimmynique came on

0:32:47.240 --> 0:32:48.040
<v Speaker 1>Ashley's case.

0:32:49.120 --> 0:32:54.280
<v Speaker 4>They were only arrested because there was a lack of

0:32:54.520 --> 0:32:58.800
<v Speaker 4>the ability for them, as parents to explain what happened

0:32:58.840 --> 0:33:02.840
<v Speaker 4>to their child. They were then denied the opportunity to

0:33:02.960 --> 0:33:06.280
<v Speaker 4>have a full medical analysis of their case to get

0:33:06.280 --> 0:33:07.760
<v Speaker 4>a fair day in.

0:33:07.760 --> 0:33:13.800
<v Speaker 1>Court in twenty fifteen. That day finally came, Judge Arthur

0:33:13.840 --> 0:33:17.800
<v Speaker 1>Smith the Third heard medical testimonies from defense experts who

0:33:17.840 --> 0:33:25.200
<v Speaker 1>concluded that Mackenzie's injuries likely happened before birth. After years

0:33:25.200 --> 0:33:29.840
<v Speaker 1>of appeals being denied, finally on February twenty eighth, twenty twenty,

0:33:30.160 --> 0:33:34.080
<v Speaker 1>the Georgia Supreme Court vacated their convictions based on any

0:33:34.080 --> 0:33:38.080
<v Speaker 1>effective assistance of counsel at trial. Tell me about when

0:33:38.120 --> 0:33:40.360
<v Speaker 1>you found out Ashley and Albert were going to get out.

0:33:40.720 --> 0:33:45.600
<v Speaker 3>Oh, I found that before CD and it's why just

0:33:45.640 --> 0:33:48.280
<v Speaker 3>called me and told me, told me.

0:33:48.560 --> 0:33:49.640
<v Speaker 2>I dropped the phone.

0:33:49.800 --> 0:33:52.400
<v Speaker 1>Brenda couldn't wait to tell her daughter the good news.

0:33:53.000 --> 0:33:56.960
<v Speaker 3>She called me and I said, well, Ashley, I said, y'all,

0:33:56.960 --> 0:33:58.400
<v Speaker 3>convision has been overturned.

0:33:58.440 --> 0:34:01.800
<v Speaker 2>Sweetie, I heard, don't was She's screamed.

0:34:02.400 --> 0:34:06.080
<v Speaker 3>She just just bust out his though A you for Rea.

0:34:06.640 --> 0:34:08.799
<v Speaker 2>She's the right, ast, greatest, saying thank you. She kept

0:34:08.800 --> 0:34:10.640
<v Speaker 2>saying thank you, thank you, the thanks.

0:34:12.320 --> 0:34:16.600
<v Speaker 1>After their release, the current district Attorney Mark Jones apologized

0:34:16.600 --> 0:34:19.160
<v Speaker 1>publicly to the devile bots on behalf of the court.

0:34:19.719 --> 0:34:23.160
<v Speaker 1>In his apology, Jones said, there is now quote mounting

0:34:23.320 --> 0:34:26.839
<v Speaker 1>medical evidence that says the child was born this way.

0:34:30.800 --> 0:34:34.000
<v Speaker 1>Ashley was finally free, but although she and Albert stayed

0:34:34.000 --> 0:34:36.439
<v Speaker 1>in touch during their imprisonment and were able to see

0:34:36.440 --> 0:34:40.040
<v Speaker 1>each other occasionally, the trauma they had endured was too

0:34:40.160 --> 0:34:43.640
<v Speaker 1>much for their marriage. While they were still incarcerated, Albert

0:34:43.719 --> 0:34:44.880
<v Speaker 1>asked for a divorce.

0:34:46.640 --> 0:34:48.600
<v Speaker 2>He was so busy fighting for his life. How do

0:34:48.640 --> 0:34:50.719
<v Speaker 2>you fight for your marriage to stay when you're trying

0:34:50.719 --> 0:34:53.520
<v Speaker 2>to fight for your life? He said, he didn't even

0:34:53.520 --> 0:34:55.239
<v Speaker 2>know me no more as a woner. He didn't even

0:34:55.280 --> 0:34:57.240
<v Speaker 2>remember me as that person.

0:34:58.760 --> 0:35:01.000
<v Speaker 1>What did that feel like when he when he said that,

0:35:02.080 --> 0:35:03.000
<v Speaker 1>I was devastated.

0:35:03.040 --> 0:35:08.839
<v Speaker 2>I felt less than I felt ugly because of course

0:35:08.880 --> 0:35:10.840
<v Speaker 2>I can't dress up and look nice like I would

0:35:11.280 --> 0:35:14.239
<v Speaker 2>if we were home. So where time he saw me,

0:35:14.320 --> 0:35:17.320
<v Speaker 2>I had on a jail uniform that was dirty and dingy.

0:35:18.160 --> 0:35:20.920
<v Speaker 2>My hair wasn't comb like I like it in, and

0:35:21.239 --> 0:35:24.040
<v Speaker 2>it just looks awful. So I felt like maybe he

0:35:24.080 --> 0:35:26.480
<v Speaker 2>thought I was ugly now, and maybe he could remember

0:35:26.520 --> 0:35:28.719
<v Speaker 2>what I looked like before this, because all he see

0:35:28.800 --> 0:35:31.479
<v Speaker 2>is this. So a lot of people ran through my mind.

0:35:34.800 --> 0:35:37.439
<v Speaker 4>They never got to grieve for their child and then

0:35:37.920 --> 0:35:42.840
<v Speaker 4>were left to sit in prison for years, the prime

0:35:43.040 --> 0:35:47.760
<v Speaker 4>years of their lives while they waited hoping to get justice.

0:35:48.520 --> 0:35:51.799
<v Speaker 4>The devil Bots can never go back. They can never

0:35:51.880 --> 0:35:57.480
<v Speaker 4>go back and recover the years that they lost.

0:36:06.600 --> 0:36:09.280
<v Speaker 1>But Ashley is trying. She moved into her own place,

0:36:09.480 --> 0:36:13.080
<v Speaker 1>started working, is in school for health administration and management,

0:36:13.280 --> 0:36:18.000
<v Speaker 1>and has made friends with her neighbor, Miss Jackie.

0:36:18.719 --> 0:36:21.000
<v Speaker 2>We kind of bonded because she lost a child too.

0:36:21.120 --> 0:36:24.440
<v Speaker 2>She lost a son, and we bonded off dealing with

0:36:24.480 --> 0:36:26.240
<v Speaker 2>that as a whole as mother's.

0:36:27.200 --> 0:36:29.680
<v Speaker 1>Like the rest of her large family, Ashley loves to

0:36:29.760 --> 0:36:32.960
<v Speaker 1>cook and share meals. One day, Ashley was bringing over

0:36:33.040 --> 0:36:35.080
<v Speaker 1>food to Miss Jackie, so.

0:36:35.040 --> 0:36:37.359
<v Speaker 2>I would just cook all this food like I had

0:36:37.360 --> 0:36:39.279
<v Speaker 2>a big family living here with me, and I would

0:36:39.280 --> 0:36:40.280
<v Speaker 2>take her food too.

0:36:40.760 --> 0:36:43.720
<v Speaker 1>And that day Miss Jackie was with her daughter, Freda,

0:36:44.080 --> 0:36:48.240
<v Speaker 1>a sergeant in the military. When she met Freda, Ashley

0:36:48.239 --> 0:36:50.800
<v Speaker 1>felt herself opening up to love again.

0:36:51.920 --> 0:36:53.959
<v Speaker 2>I enjoyed being a wife. I enjoyed being a mom.

0:36:54.000 --> 0:36:58.000
<v Speaker 2>I enjoyed that life and I wanted it back. But

0:36:58.080 --> 0:36:59.920
<v Speaker 2>I just didn't know how I wanted it back because

0:37:00.000 --> 0:37:02.200
<v Speaker 2>I was so afraid of people. I was afraid to

0:37:02.239 --> 0:37:05.680
<v Speaker 2>trust people. I was afraid to be around people. And

0:37:06.440 --> 0:37:08.520
<v Speaker 2>I looked up Freedo one day and I was like,

0:37:08.680 --> 0:37:14.880
<v Speaker 2>this is happening. We started talking, I guess talking in March,

0:37:15.840 --> 0:37:18.040
<v Speaker 2>and I asked her to marry me October first.

0:37:20.640 --> 0:37:23.439
<v Speaker 1>Now Ashley is making a family with Freda and Frida's son.

0:37:24.239 --> 0:37:26.200
<v Speaker 2>Everything is still so new to me and I'm learning,

0:37:26.239 --> 0:37:29.319
<v Speaker 2>but I'm so glad that I have a partner that's

0:37:29.360 --> 0:37:31.719
<v Speaker 2>willing to be patient with me and kind with me

0:37:31.800 --> 0:37:34.799
<v Speaker 2>and loving with me and let me be a mother.

0:37:35.480 --> 0:37:36.960
<v Speaker 2>An addition to mother to her.

0:37:36.840 --> 0:37:43.280
<v Speaker 1>Son, Ashley is also focused on advocating for reform within

0:37:43.360 --> 0:37:44.400
<v Speaker 1>the prison system.

0:37:45.000 --> 0:37:47.000
<v Speaker 2>I'm using what happened to me as a beacon for

0:37:47.080 --> 0:37:50.920
<v Speaker 2>goodness and for positiveness, because even though I was innocent.

0:37:51.239 --> 0:37:52.960
<v Speaker 2>A lot of my friends are guilty and they have

0:37:53.040 --> 0:37:55.360
<v Speaker 2>to do their time, but they still deserve to be

0:37:55.400 --> 0:37:58.880
<v Speaker 2>treated with humane conditions and respecting dignity. And that's not

0:37:58.920 --> 0:38:01.319
<v Speaker 2>what's happening in the prison. But I would have never

0:38:01.480 --> 0:38:03.719
<v Speaker 2>known that unless this happened to me.

0:38:09.440 --> 0:38:12.440
<v Speaker 1>Ashley applied for compensation for her wrongful conviction from the

0:38:12.480 --> 0:38:15.920
<v Speaker 1>State of Georgia. In Georgia, a specific bill has to

0:38:15.960 --> 0:38:20.319
<v Speaker 1>be passed for each individual, and Ashley's bill for compensation

0:38:20.760 --> 0:38:26.359
<v Speaker 1>was denied in twenty twenty one. I asked Ashley if

0:38:26.360 --> 0:38:29.279
<v Speaker 1>she has anything she'd like to say to listeners, and

0:38:29.320 --> 0:38:29.800
<v Speaker 1>she does.

0:38:31.320 --> 0:38:33.640
<v Speaker 2>If anybody's listening, miss, you're registered to vote. And I

0:38:33.680 --> 0:38:36.240
<v Speaker 2>say this because there's over one hundred and ninety thousand

0:38:36.239 --> 0:38:38.440
<v Speaker 2>people on Paroland to say to Georgia and they're not

0:38:38.480 --> 0:38:41.400
<v Speaker 2>allowed to vote. There's over nineteen thousand people that are

0:38:41.440 --> 0:38:43.640
<v Speaker 2>on probation in Georgia and they're not allowed to vote.

0:38:43.800 --> 0:38:47.240
<v Speaker 2>They get out of prison after they're saved their time successfully,

0:38:47.719 --> 0:38:49.560
<v Speaker 2>they pay taxes in the state that they're not allowed

0:38:49.600 --> 0:38:51.440
<v Speaker 2>to even vote for the leadership over them in that

0:38:51.560 --> 0:38:54.120
<v Speaker 2>actual state. So if you don't vote for anybody else,

0:38:54.360 --> 0:38:56.680
<v Speaker 2>vote for those who can't vote for themselves, and that's

0:38:56.719 --> 0:38:57.359
<v Speaker 2>all I gotta say.

0:39:01.360 --> 0:39:04.040
<v Speaker 1>To help support the cause of ex offender voting rights,

0:39:04.160 --> 0:39:07.520
<v Speaker 1>go to Women on the RISEGA dot org or the

0:39:07.600 --> 0:39:12.839
<v Speaker 1>Southern Center for Human Rights at SCCHR dot org. You'll

0:39:12.840 --> 0:39:20.120
<v Speaker 1>find all those links in our bio. Next time, on

0:39:20.239 --> 0:39:23.720
<v Speaker 1>Wrongful Conviction with Maggie Freeling Charles Jackson.

0:39:24.760 --> 0:39:25.920
<v Speaker 2>They put their guns on me.

0:39:26.520 --> 0:39:29.480
<v Speaker 3>They asked me for my driver's license, saw my name is,

0:39:29.680 --> 0:39:31.319
<v Speaker 3>I guess just him and locked me up.

0:39:31.840 --> 0:39:33.279
<v Speaker 2>So I didn't had none to wordy about because I

0:39:33.280 --> 0:39:34.080
<v Speaker 2>didn't do anything.

0:39:34.840 --> 0:39:38.160
<v Speaker 3>Three four days later, you know I was tried with murder.

0:39:41.719 --> 0:39:44.879
<v Speaker 1>Thanks for listening to Wrongful Conviction with Maggie Freeling. Please

0:39:44.920 --> 0:39:47.919
<v Speaker 1>support your local innocence organizations and go to the links

0:39:47.960 --> 0:39:50.279
<v Speaker 1>in our bio to see how you can help. I'd

0:39:50.320 --> 0:39:53.760
<v Speaker 1>like to thank our executive producers Jason Flamm and Kevin Wurdis,

0:39:53.960 --> 0:39:57.840
<v Speaker 1>as well as our senior producer Annie Chelsea, producer Lyla Robinson,

0:39:57.960 --> 0:40:01.200
<v Speaker 1>and story editor Sonya Paul. The show is edited and

0:40:01.280 --> 0:40:04.880
<v Speaker 1>mixed by Annie Chelsea, with additional production by Jeff Cliburn

0:40:05.000 --> 0:40:08.000
<v Speaker 1>and Connor Hall. The music in this production is by

0:40:08.120 --> 0:40:11.719
<v Speaker 1>three time Oscar nominated composer Jay Ralph. Be sure to

0:40:11.719 --> 0:40:15.160
<v Speaker 1>follow us on Instagram at Wrongful Conviction, on Facebook at

0:40:15.160 --> 0:40:19.200
<v Speaker 1>Wrongful Conviction Podcast, and on Twitter at wrong Conviction, as

0:40:19.239 --> 0:40:22.080
<v Speaker 1>well as at Lava for Good. On all three platforms,

0:40:22.440 --> 0:40:25.120
<v Speaker 1>you can also follow me on both Instagram and Twitter

0:40:25.280 --> 0:40:28.719
<v Speaker 1>at Maggie Freeling. Wrongful Conviction with Maggie Freeling is a

0:40:28.760 --> 0:40:32.320
<v Speaker 1>production of Lava for Good Podcasts in association with Signal

0:40:32.360 --> 0:40:46.040
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