1 00:00:02,720 --> 00:00:06,880 Speaker 1: On April ninth, nineteen ninety seven, sometime before one am, 2 00:00:07,400 --> 00:00:11,400 Speaker 1: two Buffalo police officers were shot, one in the ankle 3 00:00:11,840 --> 00:00:15,480 Speaker 1: while the other was killed. The surviving officer gave a 4 00:00:15,480 --> 00:00:18,640 Speaker 1: description that was echoed by two others, a light skinned 5 00:00:18,640 --> 00:00:23,200 Speaker 1: mail about five to nine in dark clothing. That morning, 6 00:00:23,280 --> 00:00:26,320 Speaker 1: nearly a half mile from the scene, police found some 7 00:00:26,400 --> 00:00:30,560 Speaker 1: personal effects belonging to Jonathan Parker, a local young man 8 00:00:30,680 --> 00:00:32,920 Speaker 1: with a criminal record who was in the middle of 9 00:00:32,960 --> 00:00:37,159 Speaker 1: fighting another case. And even though Jonathan didn't match the description, 10 00:00:37,640 --> 00:00:42,000 Speaker 1: he was identified by three alleged eyewitnesses, while the surviving 11 00:00:42,040 --> 00:00:46,720 Speaker 1: officer would not join them. This is wrongful conviction. 12 00:00:51,640 --> 00:00:53,920 Speaker 2: Hey, y'all, it's Maggie. I'm here to tell you about 13 00:00:53,960 --> 00:00:55,920 Speaker 2: a new show I've been working on for the past 14 00:00:56,160 --> 00:01:00,400 Speaker 2: two years. It's called Graves County and it's an investmentative 15 00:01:00,480 --> 00:01:03,360 Speaker 2: series about the murder of a young mom in Kentucky 16 00:01:03,960 --> 00:01:07,720 Speaker 2: and just how far our legal system will go in 17 00:01:07,920 --> 00:01:11,320 Speaker 2: order to find someone to blame. Here is the trailer 18 00:01:11,480 --> 00:01:14,760 Speaker 2: for Graves County. 19 00:01:16,120 --> 00:01:18,959 Speaker 1: All I know is what I've been told, and that's 20 00:01:18,959 --> 00:01:21,160 Speaker 1: a half truth, is a whole lie. 21 00:01:21,240 --> 00:01:24,800 Speaker 2: For almost a decade, the murder of an eighteen year 22 00:01:24,800 --> 00:01:28,839 Speaker 2: old girl from a small town in Graves County, Kentucky, 23 00:01:29,160 --> 00:01:33,560 Speaker 2: went unsolved until a local homemaker, a journalist, and a 24 00:01:33,600 --> 00:01:37,679 Speaker 2: handful of girls came forward with a story. I'm telling you, 25 00:01:37,880 --> 00:01:42,559 Speaker 2: we know, we know a story that law enforcement used 26 00:01:42,640 --> 00:01:46,720 Speaker 2: to convict six people, and that got the citizen investigator 27 00:01:46,920 --> 00:01:47,880 Speaker 2: on national TV. 28 00:01:48,480 --> 00:01:52,720 Speaker 3: Through sheer persistence and nerve, this Kentucky housewife helped give 29 00:01:53,040 --> 00:01:54,680 Speaker 3: justice to Jessica Current. 30 00:01:55,320 --> 00:01:58,400 Speaker 2: My name is Maggie Freeling. I'm a Pulitzer Prize winning 31 00:01:58,480 --> 00:02:03,200 Speaker 2: journalist producer, and I wouldn't be here if the truth 32 00:02:03,520 --> 00:02:04,919 Speaker 2: were that easy to find. 33 00:02:05,720 --> 00:02:07,440 Speaker 4: I did not know her, and I did not kill her, 34 00:02:07,840 --> 00:02:09,960 Speaker 4: or raid or burn or any of that other stuff 35 00:02:09,960 --> 00:02:10,560 Speaker 4: that y'all said. 36 00:02:11,000 --> 00:02:12,960 Speaker 5: They literally made me say that I took a match 37 00:02:13,000 --> 00:02:15,160 Speaker 5: and struck and threw it on her. They made me 38 00:02:15,200 --> 00:02:16,480 Speaker 5: say that I wore guests on. 39 00:02:16,520 --> 00:02:22,560 Speaker 2: Her from Lava for Good. This is Graves County, a 40 00:02:22,639 --> 00:02:26,240 Speaker 2: show about just how far our legal system will go 41 00:02:26,639 --> 00:02:29,840 Speaker 2: in order to find someone to blame MARKA. 42 00:02:29,880 --> 00:02:33,520 Speaker 4: Y'all gotta work the hell up. Bad things happens to 43 00:02:34,000 --> 00:02:36,880 Speaker 4: good people and small towns. 44 00:02:38,480 --> 00:02:41,520 Speaker 2: Listen to Graves County in the Bone Valley, Feed on 45 00:02:41,560 --> 00:02:46,200 Speaker 2: the iHeartRadio app, Apple podcasts or wherever you get your podcasts, 46 00:02:46,639 --> 00:02:49,600 Speaker 2: and to binge the entire season at free, subscribe to 47 00:02:49,680 --> 00:03:03,160 Speaker 2: Lava for Good plus on Apple Podcasts. 48 00:03:04,480 --> 00:03:07,200 Speaker 1: Welcome back to Wrongful Conviction, where we've got a story 49 00:03:07,240 --> 00:03:10,520 Speaker 1: that's been on our radar and living rent free in 50 00:03:10,600 --> 00:03:14,160 Speaker 1: my head since we interviewed Keyante Rix back in the 51 00:03:14,160 --> 00:03:16,799 Speaker 1: summer of twenty twenty, and we've held back on it 52 00:03:17,040 --> 00:03:18,960 Speaker 1: as we were waiting for the case to make its 53 00:03:19,000 --> 00:03:21,720 Speaker 1: way through court. But we can't wait any longer, So 54 00:03:22,120 --> 00:03:24,960 Speaker 1: calling in now from a prison in upstate New York, 55 00:03:25,120 --> 00:03:28,959 Speaker 1: we've got the man himself, Jonathan Parker. Thank you for calling. 56 00:03:28,720 --> 00:03:31,000 Speaker 4: In, Jonathan, no problem, I appreciate you. 57 00:03:31,480 --> 00:03:33,600 Speaker 1: And joining him. We have the paralegal who worked on 58 00:03:33,680 --> 00:03:36,480 Speaker 1: Kanty Rix's case, Carl Deviver, and well, we're going to 59 00:03:36,520 --> 00:03:38,960 Speaker 1: link Kyante's story in the episode description. You have to 60 00:03:39,000 --> 00:03:41,120 Speaker 1: hear it to believe it. Carl, Thanks for being here. 61 00:03:41,360 --> 00:03:45,680 Speaker 5: Thanks for being somebody willing to do something to help Jonathan. 62 00:03:45,680 --> 00:03:48,000 Speaker 1: And Carl didn't start out as a paralegal. 63 00:03:48,600 --> 00:03:52,240 Speaker 5: I had been a police offer shake twenty seven years. 64 00:03:52,560 --> 00:03:56,840 Speaker 5: I didn't like what I saw wrongfully convicted people riding 65 00:03:56,840 --> 00:03:59,440 Speaker 5: away in jail for crime. So I did not commit 66 00:04:00,200 --> 00:04:03,680 Speaker 5: and felt that I should use what energy I have 67 00:04:04,400 --> 00:04:09,160 Speaker 5: to try to seek vindication. So I studied law and 68 00:04:09,680 --> 00:04:10,640 Speaker 5: switched into that. 69 00:04:11,320 --> 00:04:15,360 Speaker 1: Also, we have Jonathan's attorney, Stephen Metcalf. Stephen, thanks for 70 00:04:15,400 --> 00:04:19,920 Speaker 1: being here absolutely. So let's start by hearing about Jonathan's 71 00:04:19,960 --> 00:04:22,560 Speaker 1: childhood in Buffalo. How was it growing up there? 72 00:04:22,839 --> 00:04:25,800 Speaker 4: I grew up on the east side of Buffalo, the Projects, 73 00:04:26,080 --> 00:04:28,760 Speaker 4: about the age of seven or eight years old. About 74 00:04:28,800 --> 00:04:32,720 Speaker 4: the purchase the house which was three blocks away from 75 00:04:32,760 --> 00:04:36,200 Speaker 4: the projects. At the age of about unteen or fourteen, 76 00:04:36,400 --> 00:04:40,560 Speaker 4: I started getting into problems in school. Maybe no disruptive 77 00:04:40,600 --> 00:04:43,919 Speaker 4: in class. I didn't get into too many fights, just 78 00:04:44,680 --> 00:04:47,680 Speaker 4: you know, general things that teenage boys do. So they're 79 00:04:47,680 --> 00:04:52,640 Speaker 4: sitting to was known as Buffalo Alternative School, into more 80 00:04:52,720 --> 00:04:55,839 Speaker 4: trouble and I was placed in a group of homes 81 00:04:56,000 --> 00:05:00,279 Speaker 4: was known as Lincoln Hall from fifteen to sixteen. After 82 00:05:00,400 --> 00:05:05,440 Speaker 4: being released from Lincoln Hall again went to Buffalo Tournative 83 00:05:05,839 --> 00:05:09,640 Speaker 4: High School. Once you do a lot of times, you 84 00:05:09,760 --> 00:05:13,200 Speaker 4: returned to a normal high school of South Park High 85 00:05:13,200 --> 00:05:15,800 Speaker 4: School didn't want to accept me because I was a 86 00:05:15,920 --> 00:05:19,000 Speaker 4: year behind the man and I kind of dropped out 87 00:05:19,000 --> 00:05:22,960 Speaker 4: of high school, at which point I got involved in 88 00:05:23,480 --> 00:05:25,159 Speaker 4: quote unquote the street life. 89 00:05:25,839 --> 00:05:28,920 Speaker 1: If anyone ever wanted to know what the praise school 90 00:05:28,960 --> 00:05:32,520 Speaker 1: to prison pipeline means, it sounds like Jonathan is the 91 00:05:32,560 --> 00:05:35,760 Speaker 1: living proof of it. During the crack epidemic, no less, 92 00:05:35,960 --> 00:05:39,400 Speaker 1: and this area in East Buffalo, specifically on Gerard Place, 93 00:05:39,520 --> 00:05:42,200 Speaker 1: was an open air drug market which came along with 94 00:05:42,320 --> 00:05:46,080 Speaker 1: extreme poverty and occasional bursts of violence. 95 00:05:46,400 --> 00:05:48,760 Speaker 4: It was a violent period of the city of Buffalo. 96 00:05:48,839 --> 00:05:51,839 Speaker 4: A lot of crime, young men involved in the street life, 97 00:05:51,920 --> 00:05:56,240 Speaker 4: shooting at each other, Southern crack, coquaine, marijuana, things of 98 00:05:56,320 --> 00:05:59,560 Speaker 4: that nature. The police just because they see you on 99 00:05:59,600 --> 00:06:02,200 Speaker 4: the street, young guys know they would pick you up, 100 00:06:02,520 --> 00:06:06,160 Speaker 4: shake you down. And I was long to frequent that neighborhood. 101 00:06:06,520 --> 00:06:09,159 Speaker 1: Well, as we all know, the crack epidemic ushered in 102 00:06:09,279 --> 00:06:13,240 Speaker 1: so called tough on crime policies and politicians and legislation 103 00:06:13,320 --> 00:06:17,320 Speaker 1: that instituted mandatory minimum sentences, funded task forces in the 104 00:06:17,400 --> 00:06:21,599 Speaker 1: so called high traffic areas, and any means necessary attitude 105 00:06:21,640 --> 00:06:26,080 Speaker 1: toward removing anyone they suspected of being involved in drug trafficking. 106 00:06:26,560 --> 00:06:30,640 Speaker 3: Every time I investigator speak to anybody about this, they've 107 00:06:30,640 --> 00:06:34,400 Speaker 3: said the same thing. Jonathan Parker was someone who they 108 00:06:34,480 --> 00:06:38,600 Speaker 3: wanted off the streets by any means. Apparently that meant 109 00:06:38,600 --> 00:06:40,279 Speaker 3: to them at this time, and. 110 00:06:40,360 --> 00:06:42,880 Speaker 1: As we've seen, that could mean framing someone for murder. 111 00:06:43,000 --> 00:06:45,839 Speaker 1: And the first attempt on Jonathan came within January nineteen 112 00:06:45,880 --> 00:06:48,240 Speaker 1: ninety seven murder of a man named Leroy Lewis. 113 00:06:48,839 --> 00:06:51,880 Speaker 3: Listen to this defendant of Pella. Jonathan Parker was convicted 114 00:06:51,920 --> 00:06:54,400 Speaker 3: in the US District Court for the Western District of 115 00:06:54,440 --> 00:06:58,320 Speaker 3: New York of killing Leroy Lewis while engaged in a 116 00:06:58,360 --> 00:07:03,000 Speaker 3: conspiracy to possess with intended distribute crack. On appeal, Parker 117 00:07:03,120 --> 00:07:07,279 Speaker 3: challenges the sufficiency of the government's evidence. The government produced 118 00:07:07,480 --> 00:07:11,400 Speaker 3: no direct or physical evidence establishing Parker as the shooter, 119 00:07:12,040 --> 00:07:15,720 Speaker 3: no eyewitness testimony to the shooting, any statements concerning the 120 00:07:15,760 --> 00:07:19,720 Speaker 3: circumstances of the shooting. No evidence was introduced as the motive, 121 00:07:19,960 --> 00:07:26,040 Speaker 3: no murder weapon was found. The government's evidence was entirely circumstantial. 122 00:07:26,280 --> 00:07:29,920 Speaker 3: It was a statement base upon a statement upon a statement, 123 00:07:30,040 --> 00:07:33,720 Speaker 3: but nothing to tie Jonathan to the murder other than 124 00:07:34,000 --> 00:07:40,280 Speaker 3: lay opinion testimony. Specifically, whether a small bulge in Parker's 125 00:07:40,520 --> 00:07:45,000 Speaker 3: jacket viewed from a distance was a handgun, and hey, 126 00:07:45,040 --> 00:07:49,080 Speaker 3: he looked a little suspicious after the fact. Basically, Jonathan 127 00:07:49,160 --> 00:07:51,520 Speaker 3: got convicted and they didn't have shit. 128 00:07:51,680 --> 00:07:54,120 Speaker 1: So that conviction was overturned in two thousand and two. 129 00:07:54,160 --> 00:07:57,800 Speaker 1: But they had already buried Jonathan with two other sentences, 130 00:07:57,960 --> 00:08:00,760 Speaker 1: only one of which was based in fact, which was 131 00:08:00,800 --> 00:08:03,840 Speaker 1: a weapons possession charge. And the same officers who were 132 00:08:03,840 --> 00:08:06,760 Speaker 1: shot in this case, they were the ones who arrested 133 00:08:06,840 --> 00:08:08,760 Speaker 1: Jonathan and he pleaded guilty. 134 00:08:09,080 --> 00:08:12,200 Speaker 4: Yes, I have played guilty to the weapons possessor's charges. 135 00:08:12,720 --> 00:08:14,880 Speaker 4: You no more than a three and a half to 136 00:08:15,000 --> 00:08:18,120 Speaker 4: nine sentence. I believe it might have been that morning 137 00:08:18,360 --> 00:08:21,720 Speaker 4: from an interview with that with a probation officer to 138 00:08:21,800 --> 00:08:24,920 Speaker 4: do a probation report to prepare it for my centisces. 139 00:08:25,160 --> 00:08:27,800 Speaker 1: So Jonathan had this probation officer's business card in his 140 00:08:27,960 --> 00:08:30,240 Speaker 1: jacket that night, which he wore to a party which 141 00:08:30,320 --> 00:08:32,280 Speaker 1: was about a five minute walk from the crime scene 142 00:08:32,280 --> 00:08:35,120 Speaker 1: in this case, but according to both Jonathan and witnesses 143 00:08:35,160 --> 00:08:37,800 Speaker 1: from the party, he had left his jacket, his hat, 144 00:08:38,040 --> 00:08:40,280 Speaker 1: and his beeper at the party before leaving. 145 00:08:40,880 --> 00:08:43,200 Speaker 4: Actually, I left the resident in a cab with my 146 00:08:43,320 --> 00:08:46,400 Speaker 4: cousin to my home with the attention of returning to 147 00:08:46,440 --> 00:08:50,120 Speaker 4: the resident. I never returned to the residents because I 148 00:08:49,920 --> 00:08:52,079 Speaker 4: was supposed to be meeting up with a young woman. 149 00:08:52,320 --> 00:08:54,920 Speaker 4: So my cousin left and I came to our house 150 00:08:55,040 --> 00:08:57,319 Speaker 4: around the corner from this in a cab. When I'm 151 00:08:57,559 --> 00:09:00,600 Speaker 4: pulling up in a cab, they literally are scolar in 152 00:09:00,600 --> 00:09:03,280 Speaker 4: the neighborhood. She got in the cab and we went 153 00:09:03,320 --> 00:09:04,040 Speaker 4: back to my own. 154 00:09:04,600 --> 00:09:07,120 Speaker 1: By the time he was picking up this young lady 155 00:09:07,160 --> 00:09:10,120 Speaker 1: around one am, the shooting had already occurred near the 156 00:09:10,120 --> 00:09:13,880 Speaker 1: corner of Northampton and East Parade now. According to Officer 157 00:09:13,920 --> 00:09:17,840 Speaker 1: Michael Martinez, at around twelve forty five am, he and 158 00:09:17,880 --> 00:09:23,280 Speaker 1: his partner, Charles Skip McDougall spotted a suspicious individual who 159 00:09:23,320 --> 00:09:25,200 Speaker 1: they believed might have stolen a car. 160 00:09:25,960 --> 00:09:30,640 Speaker 5: They say when they hailed this person that he simply 161 00:09:30,720 --> 00:09:34,640 Speaker 5: opened fire on them, hit the one in the foot, 162 00:09:34,720 --> 00:09:37,800 Speaker 5: and then shot McDougall and killed him. 163 00:09:38,080 --> 00:09:40,920 Speaker 4: Martinez he actually gave the initial description in it. It was 164 00:09:41,000 --> 00:09:46,160 Speaker 4: a light skinned male of proximmand five nine of maybe 165 00:09:46,320 --> 00:09:49,719 Speaker 4: a shade removed from being darve skinned for sure of 166 00:09:49,880 --> 00:09:54,960 Speaker 4: nowhere near five. I'm five six and a half and. 167 00:09:55,080 --> 00:09:58,160 Speaker 1: Officer Martinez knew what Jonathan looked like from prior arrests, 168 00:09:58,160 --> 00:10:00,559 Speaker 1: and we can only presume that he would have interested 169 00:10:00,559 --> 00:10:04,000 Speaker 1: in catching his own shooter. Right. And two more witnesses, 170 00:10:04,080 --> 00:10:08,160 Speaker 1: James Gaines and Event Pryor, agreed this shooter was a 171 00:10:08,240 --> 00:10:11,600 Speaker 1: light skinned guy about five foot nine, and they added 172 00:10:11,600 --> 00:10:14,319 Speaker 1: that he wore dark clothing and white sneakers, and they 173 00:10:14,360 --> 00:10:18,680 Speaker 1: said he had run up East Parade toward Fujuran. So 174 00:10:18,960 --> 00:10:21,679 Speaker 1: police scoured the area looking for someone meeting that description, 175 00:10:21,840 --> 00:10:24,200 Speaker 1: as well as witnesses and evidence. And it appears that 176 00:10:24,240 --> 00:10:27,400 Speaker 1: the narrative about Jonathan may have begun to emerge with 177 00:10:27,520 --> 00:10:30,760 Speaker 1: the discovery of his jacket, hat and beeper, the ones 178 00:10:30,800 --> 00:10:31,920 Speaker 1: that he left at the party. 179 00:10:32,200 --> 00:10:35,440 Speaker 4: They say they found in a backyard. So May the 180 00:10:35,480 --> 00:10:40,760 Speaker 4: District Attorney had a witness said that maybe an hour 181 00:10:40,880 --> 00:10:43,760 Speaker 4: or two prior to this incident, that I was in 182 00:10:43,800 --> 00:10:46,640 Speaker 4: a house full of people and then I left out 183 00:10:46,679 --> 00:10:50,280 Speaker 4: of the house, leaving my jacket in that house and 184 00:10:50,400 --> 00:10:53,360 Speaker 4: never returned. The house was located near the corner of 185 00:10:53,400 --> 00:10:57,959 Speaker 4: Fugean and Fillmore, unless they founded in a backyard on 186 00:10:58,040 --> 00:11:02,280 Speaker 4: the next street over from fuge which is oben Well. 187 00:11:02,120 --> 00:11:05,160 Speaker 1: No one has offered information about how these items left 188 00:11:05,200 --> 00:11:09,440 Speaker 1: the house party, but Jonathan's probation officer's business card was 189 00:11:09,520 --> 00:11:13,360 Speaker 1: inside the jacket. At this point, it seems the investigation 190 00:11:13,520 --> 00:11:18,280 Speaker 1: steered away from whoever Officer Martinez, James Gaines, and Yvette 191 00:11:18,280 --> 00:11:21,920 Speaker 1: Fryar had described and focused in on Jonathan, who had 192 00:11:22,000 --> 00:11:25,040 Speaker 1: just pled guilty. The weapons charges and the Leroy Lewis 193 00:11:25,120 --> 00:11:26,360 Speaker 1: charges were still looming. 194 00:11:26,679 --> 00:11:30,760 Speaker 5: I have several cases like that where they say, he's 195 00:11:30,800 --> 00:11:34,319 Speaker 5: a nasty street kid, let's get him off the streets. 196 00:11:34,720 --> 00:11:38,240 Speaker 5: We know he didn't kill Skip, but he's a trouble 197 00:11:38,360 --> 00:11:39,920 Speaker 5: let's get him off the streets. 198 00:11:40,200 --> 00:11:43,360 Speaker 4: I actually remember, ironically, I was sitting in the house 199 00:11:43,360 --> 00:11:46,200 Speaker 4: with one of my cousins and we were watching the 200 00:11:46,240 --> 00:11:50,320 Speaker 4: news when they first booke about the incident, and my 201 00:11:50,480 --> 00:11:53,240 Speaker 4: cousin made it common to the extent of, you know, 202 00:11:53,679 --> 00:11:56,560 Speaker 4: she felt sorry for whoever they ended up picking up 203 00:11:56,600 --> 00:11:59,800 Speaker 4: for this because of the climate of things in Buffalo 204 00:12:01,080 --> 00:12:03,319 Speaker 4: just prior to this, I want to say, maybe within 205 00:12:03,360 --> 00:12:06,360 Speaker 4: a year, so a year and a half half, it 206 00:12:06,520 --> 00:12:12,360 Speaker 4: has so where young black males were still being ended 207 00:12:13,640 --> 00:12:14,319 Speaker 4: plice to call. 208 00:12:15,240 --> 00:12:17,800 Speaker 1: But if they were going to get Jonathan, they needed 209 00:12:17,840 --> 00:12:21,120 Speaker 1: a lot more than just finding his belongings nearly a 210 00:12:21,200 --> 00:12:23,640 Speaker 1: half a mile away from the crime scene. So it 211 00:12:23,679 --> 00:12:27,280 Speaker 1: was at this time that lead investigator Andre Ortiz approached 212 00:12:27,280 --> 00:12:30,679 Speaker 1: another man known to frequent the open air drug market. Now, 213 00:12:30,720 --> 00:12:33,920 Speaker 1: this guy was named Aaron Yarborough, and he was known 214 00:12:33,960 --> 00:12:37,320 Speaker 1: to sell random items, and according to subsequent statements, he 215 00:12:37,360 --> 00:12:39,240 Speaker 1: had told them that he was in the pharmacy on 216 00:12:39,320 --> 00:12:44,040 Speaker 1: Northampton and Fillmore when he heard the gunshots. But something 217 00:12:44,960 --> 00:12:47,280 Speaker 1: which we're going to get into later led him to 218 00:12:47,360 --> 00:12:50,800 Speaker 1: tell a very different story on April tenth. 219 00:12:51,200 --> 00:12:52,839 Speaker 3: This is a statement that he gave to the police 220 00:12:52,880 --> 00:12:55,559 Speaker 3: at the time, and anytime he refers to Parker, he 221 00:12:55,640 --> 00:12:58,560 Speaker 3: calls him Face. Well, I was on the corner of 222 00:12:58,720 --> 00:13:02,000 Speaker 3: Northampton in East Parade when I had seen Face Now. 223 00:13:02,000 --> 00:13:04,960 Speaker 3: I asked him if he wanted to buy a CD player. 224 00:13:05,400 --> 00:13:08,320 Speaker 3: He said yeah, but the price that we talked about 225 00:13:08,480 --> 00:13:11,960 Speaker 3: wasn't going to fulfill. So I went up East Parade. 226 00:13:12,520 --> 00:13:15,720 Speaker 3: We seen Junior sitting in a white Chevy Caprice and 227 00:13:15,800 --> 00:13:18,280 Speaker 3: he agreed to one hundred dollars. So this is a 228 00:13:18,280 --> 00:13:20,480 Speaker 3: CD player and he paid me the money and then 229 00:13:20,520 --> 00:13:23,080 Speaker 3: I went down the street towards Northampton and East Parade 230 00:13:23,120 --> 00:13:25,720 Speaker 3: where I heard some shots when I had seen face 231 00:13:26,200 --> 00:13:29,000 Speaker 3: ran past me holding a gun at his side. 232 00:13:29,520 --> 00:13:32,880 Speaker 4: Soon after that, I've seen my picture on the news 233 00:13:33,480 --> 00:13:37,000 Speaker 4: saying that I was assister. So I got in contact 234 00:13:37,040 --> 00:13:41,320 Speaker 4: with Tourny Paul Hermy, and he didn't have much detail. 235 00:13:41,679 --> 00:13:43,640 Speaker 4: It forged me to turn myself in. 236 00:13:43,640 --> 00:13:46,000 Speaker 6: If I had nothing to high, but I didn't have 237 00:13:46,080 --> 00:13:48,960 Speaker 6: anything now, so I asked him to come pick me 238 00:13:49,040 --> 00:13:51,520 Speaker 6: up and take me to turn myself in. I was 239 00:13:51,640 --> 00:13:54,640 Speaker 6: arrested April eleventh, nineteen ninety. 240 00:13:54,360 --> 00:13:57,040 Speaker 4: Seven, and I've been in prison ever since. 241 00:14:14,160 --> 00:14:18,600 Speaker 3: At approximately twenty fifteen hours on April eighteen, nineteen ninety seven, 242 00:14:18,720 --> 00:14:22,560 Speaker 3: Aaron Yarborough stated that himself and Jonathan Parker were outside 243 00:14:22,600 --> 00:14:27,120 Speaker 3: his uncle's house on Josephine Street when the police raided it. 244 00:14:27,360 --> 00:14:32,040 Speaker 3: Jonathan Parker pointed to officer McDougall and stated, that's the 245 00:14:32,120 --> 00:14:35,320 Speaker 3: guy who arrested me for the gun. I'm going to 246 00:14:35,440 --> 00:14:39,080 Speaker 3: get that motherfucker. So they used Aaron to basically show 247 00:14:39,240 --> 00:14:41,120 Speaker 3: a history or a motive. 248 00:14:41,200 --> 00:14:41,440 Speaker 7: Here. 249 00:14:42,000 --> 00:14:46,440 Speaker 3: April twenty second, Aaron Yarborough was put into a Buffalo 250 00:14:46,520 --> 00:14:49,760 Speaker 3: Hilton Hotel, Room two ten. This is a guy who's 251 00:14:49,760 --> 00:14:53,800 Speaker 3: selling CD players walking down the street now is getting 252 00:14:53,840 --> 00:14:56,560 Speaker 3: put up in a hotel for who knows how long 253 00:14:56,640 --> 00:14:58,800 Speaker 3: to make a very easy statement. 254 00:14:58,680 --> 00:15:00,480 Speaker 1: And that's what we'll find out this It was far 255 00:15:00,600 --> 00:15:03,200 Speaker 1: better treatment than he was originally offered, but a few 256 00:15:03,200 --> 00:15:06,080 Speaker 1: statements from a guy with substance abuse issues is not 257 00:15:06,080 --> 00:15:08,840 Speaker 1: going to cut it. So on April twenty eighth, police 258 00:15:08,880 --> 00:15:12,400 Speaker 1: approached Aaron Lott and his wife Cassandra Salinas, who had 259 00:15:12,440 --> 00:15:17,080 Speaker 1: an encounter with officers MacDougall and Martinez on the night 260 00:15:17,200 --> 00:15:18,400 Speaker 1: of April eighth. 261 00:15:18,600 --> 00:15:19,480 Speaker 7: Ten forty five. 262 00:15:19,600 --> 00:15:21,840 Speaker 3: Aaron Lott is sitting in a parking lot with our 263 00:15:21,960 --> 00:15:26,360 Speaker 3: driver's license while Cassandra's in work. He gets a ticket, 264 00:15:26,640 --> 00:15:31,520 Speaker 3: the car gets impounded. McDougal and Martinez are the officers 265 00:15:31,520 --> 00:15:37,920 Speaker 3: on that ticket and on the impound documentation. Cassandra gets 266 00:15:37,920 --> 00:15:41,160 Speaker 3: out of work at about eleven fifteen. Her and Aaron 267 00:15:41,280 --> 00:15:44,840 Speaker 3: then make their way to the police precinct. Then they 268 00:15:44,880 --> 00:15:47,480 Speaker 3: never actually got the car back that night. 269 00:15:48,120 --> 00:15:51,160 Speaker 1: However, it was stated in a report that officer Martinez 270 00:15:51,200 --> 00:15:54,320 Speaker 1: had recognized Lot and Selinas as they passed each other 271 00:15:54,360 --> 00:15:57,440 Speaker 1: on Northampton Street moments before the shooting because they were 272 00:15:57,480 --> 00:16:00,800 Speaker 1: in the same car in which Lot had been ticket earlier. 273 00:16:01,040 --> 00:16:04,080 Speaker 1: This is allegedly how they knew to approach Lot for 274 00:16:04,120 --> 00:16:07,880 Speaker 1: a statement. But as the narrative goes, Aaron and Cassandra, 275 00:16:08,120 --> 00:16:10,760 Speaker 1: as well as a driver passed the scene in a 276 00:16:10,760 --> 00:16:14,320 Speaker 1: Ford Explorer, not a Hyundai Excel, and to top it off, 277 00:16:14,360 --> 00:16:17,880 Speaker 1: the Ford Explorer had tinted windows. It's only discovered many 278 00:16:17,960 --> 00:16:22,240 Speaker 1: years later that Aaron Lott was exchanging testimony for leniency 279 00:16:22,320 --> 00:16:25,640 Speaker 1: in his own charges. You probably saw that coming. Nevertheless, 280 00:16:26,680 --> 00:16:29,800 Speaker 1: he gave a statement nineteen days after the crime that 281 00:16:29,920 --> 00:16:34,640 Speaker 1: as they rolled down Northampton, he and Cassandra saw Jonathan 282 00:16:34,680 --> 00:16:38,280 Speaker 1: crossing the street. He yelled yo to the car as 283 00:16:38,320 --> 00:16:42,440 Speaker 1: they passed, and they turned around to witness the shooting 284 00:16:42,840 --> 00:16:44,760 Speaker 1: through the Explorer's back window. 285 00:16:45,200 --> 00:16:49,160 Speaker 5: And the driver of the truck. He was never called. 286 00:16:49,680 --> 00:16:54,160 Speaker 5: We presume that since the cops had no hold on him, 287 00:16:54,240 --> 00:16:58,320 Speaker 5: it wasn't facing anything, they wouldn't testify. It might even 288 00:16:58,360 --> 00:17:01,360 Speaker 5: be a Brady issue. We don't know what he originally 289 00:17:01,400 --> 00:17:04,600 Speaker 5: told the cops. We just know he never testified. 290 00:17:05,119 --> 00:17:09,119 Speaker 4: All the witnesses aged some type of ulterior motive, with 291 00:17:09,280 --> 00:17:10,360 Speaker 4: the exception. 292 00:17:09,960 --> 00:17:16,640 Speaker 5: Of Aaron Lotte's wife. She basically agreed with what said 293 00:17:17,119 --> 00:17:21,400 Speaker 5: the storers lined up very well because it was orchestrated, with. 294 00:17:21,440 --> 00:17:24,520 Speaker 1: The community and media calling for blood, and the context 295 00:17:24,520 --> 00:17:28,040 Speaker 1: of Jonathan's weapon's possession, guilty plea and other pending murder case. 296 00:17:28,119 --> 00:17:31,320 Speaker 1: The district attorney sought the death penalty, and as we 297 00:17:31,440 --> 00:17:34,760 Speaker 1: often see in capital cases, a ton of circumstantial evidence 298 00:17:34,960 --> 00:17:38,800 Speaker 1: is produced to try to ensure a win, but without 299 00:17:38,840 --> 00:17:43,840 Speaker 1: the support of a relatively small amount of consequential direct evidence, 300 00:17:44,240 --> 00:17:47,520 Speaker 1: the circumstantial evidence tends to lose its meaning. For example, 301 00:17:47,600 --> 00:17:50,920 Speaker 1: there was James Gaines and Evette Fryar who echoed Officer 302 00:17:50,960 --> 00:17:54,119 Speaker 1: Martinez's description and confirmed that the assailant ran in the 303 00:17:54,200 --> 00:17:59,400 Speaker 1: direction of where Jonathan's belongings were discovered, granting that evidence 304 00:18:00,640 --> 00:18:05,919 Speaker 1: of validity. And then along came Aaron Yarborough, without the 305 00:18:05,960 --> 00:18:09,880 Speaker 1: critically important context of how his statement came to. 306 00:18:09,800 --> 00:18:14,240 Speaker 4: Be, He said that just prior to this incident that 307 00:18:14,359 --> 00:18:17,400 Speaker 4: he was attempted to sell me. I believe you said 308 00:18:17,440 --> 00:18:21,560 Speaker 4: it was some CDs and I don't even think I 309 00:18:21,600 --> 00:18:22,720 Speaker 4: had seen him that day. 310 00:18:23,400 --> 00:18:27,040 Speaker 1: Yarborough also said that he saw Jonathan running from the 311 00:18:27,040 --> 00:18:29,719 Speaker 1: scene with a gun in the direction of where police 312 00:18:29,720 --> 00:18:33,199 Speaker 1: found his belongings. Again granting a cent of validity to 313 00:18:33,240 --> 00:18:36,920 Speaker 1: that evidence, and then, unbeknownst to the defense, Aaron Lott 314 00:18:37,040 --> 00:18:40,400 Speaker 1: was trading testimony for a time cut when he parroted 315 00:18:40,440 --> 00:18:43,639 Speaker 1: what he'd already said in his statement and the grand 316 00:18:43,720 --> 00:18:48,240 Speaker 1: jury then Cassandra bolstered his credibility with what they claimed 317 00:18:48,280 --> 00:18:51,280 Speaker 1: to see while being driven down Northampton that same night. 318 00:18:52,040 --> 00:18:55,720 Speaker 4: There was the driver, which I'm still confused as to 319 00:18:55,760 --> 00:18:59,680 Speaker 4: why he was never called to testify, other than maybe 320 00:18:59,720 --> 00:19:03,480 Speaker 4: the fact that he wasn't being cooperative like Aaron Yardborough 321 00:19:03,560 --> 00:19:04,040 Speaker 4: and air a. 322 00:19:04,040 --> 00:19:09,320 Speaker 1: Lot, or maybe he didn't actually exist also possible. Then 323 00:19:09,560 --> 00:19:12,879 Speaker 1: the police officer Michael Martinez testified to the narrative of 324 00:19:12,920 --> 00:19:16,320 Speaker 1: the shooting, but would not positively I d Jonathan. 325 00:19:16,720 --> 00:19:20,600 Speaker 5: He wasn't sure that it was Parker. Even on the stands, 326 00:19:20,640 --> 00:19:24,760 Speaker 5: he wouldn't lie and say it was definitely Parker. It 327 00:19:24,840 --> 00:19:28,240 Speaker 5: could have been Parker. So he's he's one of the 328 00:19:28,800 --> 00:19:32,679 Speaker 5: not willing to totally perjure himself cops. 329 00:19:32,520 --> 00:19:35,880 Speaker 1: And Martinez was cross examined with his initial description. 330 00:19:36,560 --> 00:19:39,600 Speaker 4: I was positive I was going to get acquitted. I 331 00:19:39,680 --> 00:19:42,080 Speaker 4: know I have anything to do with it, and how 332 00:19:42,119 --> 00:19:45,399 Speaker 4: already came into the prison system for my other weapon 333 00:19:45,400 --> 00:19:47,679 Speaker 4: possessed his charges. But I was confident I was going 334 00:19:47,760 --> 00:19:49,600 Speaker 4: to be leaving out of that court room to finish 335 00:19:49,720 --> 00:19:52,680 Speaker 4: my censes and eventually be home to my family. 336 00:19:52,760 --> 00:19:55,240 Speaker 1: And maybe he would have, but it seems like his attorney, 337 00:19:55,320 --> 00:19:59,560 Speaker 1: Jim Harrington, didn't want to take that gamble, so in closing, 338 00:20:00,040 --> 00:20:02,520 Speaker 1: he tried a strategy that was not aimed at acquittal. 339 00:20:02,640 --> 00:20:04,560 Speaker 1: In fact, the opposite. 340 00:20:05,040 --> 00:20:10,280 Speaker 5: Harrington was a death penalty attorney, and he said so 341 00:20:10,440 --> 00:20:14,440 Speaker 5: in his affidavit that his job was not so much 342 00:20:14,560 --> 00:20:18,639 Speaker 5: as to acquit Jonathan, but to keep him alive. So 343 00:20:18,960 --> 00:20:24,040 Speaker 5: trying to create sympathy or pity from the jury, He said, 344 00:20:24,400 --> 00:20:26,600 Speaker 5: Jonathan did it, but it was in the spur of 345 00:20:26,600 --> 00:20:31,200 Speaker 5: the moment. He didn't plan on doing it, which is all. Yes, 346 00:20:32,160 --> 00:20:33,280 Speaker 5: he never did it at all. 347 00:20:33,920 --> 00:20:36,840 Speaker 4: I made him very weird that I was innocent of 348 00:20:36,920 --> 00:20:39,840 Speaker 4: this crime. I'm sitting in the courtroom and it was 349 00:20:40,000 --> 00:20:42,760 Speaker 4: only by sheer will that I did act a fool. 350 00:20:42,840 --> 00:20:47,120 Speaker 4: At the time, my defense wasn't a defense geared towards 351 00:20:47,160 --> 00:20:50,800 Speaker 4: guilty innocence. It was geared towards life with death. I've 352 00:20:50,800 --> 00:20:55,760 Speaker 4: got life without the possibility of growl, which is just death. 353 00:20:55,800 --> 00:21:15,080 Speaker 4: By incarcerations. I've had close to thirty years to think 354 00:21:15,119 --> 00:21:18,680 Speaker 4: about it. But when you go back to the initial description, 355 00:21:19,080 --> 00:21:25,280 Speaker 4: you have a police officer, who we know are trained observers, 356 00:21:25,320 --> 00:21:28,480 Speaker 4: who said that the perpetrator in his crime was a 357 00:21:28,560 --> 00:21:32,080 Speaker 4: liceicined bail five nine and these are things that are 358 00:21:32,119 --> 00:21:35,200 Speaker 4: reasonable tryer in fact, when you say, okay, you got 359 00:21:35,240 --> 00:21:37,120 Speaker 4: a young man sitting in the court room in front 360 00:21:37,160 --> 00:21:40,560 Speaker 4: of you who is maybe a shade removed from being 361 00:21:40,680 --> 00:21:45,439 Speaker 4: darb skinned, but three or four shades removed from being licekined. 362 00:21:45,600 --> 00:21:48,000 Speaker 4: And again, like I said, I'm five to six maybe 363 00:21:48,040 --> 00:21:50,960 Speaker 4: five six and a half. Then we go back to 364 00:21:51,160 --> 00:21:54,760 Speaker 4: Latina's being shot on the passenger side of the car, 365 00:21:55,200 --> 00:21:59,000 Speaker 4: but the suspect shooting from the driver side of the car. 366 00:21:59,080 --> 00:22:01,679 Speaker 4: I don't understand how person gets shot in the ankle. 367 00:22:02,320 --> 00:22:05,959 Speaker 4: Then you're saying you found a weapon that's who alleged 368 00:22:06,000 --> 00:22:09,400 Speaker 4: that have been used in this incident at the nine 369 00:22:09,440 --> 00:22:13,359 Speaker 4: milimeter seventeen clock, which is the exact same weapons that 370 00:22:13,480 --> 00:22:17,200 Speaker 4: police officers are issued to carry when they all duty. 371 00:22:18,359 --> 00:22:22,679 Speaker 5: The street version is that McDougal didn't want to be 372 00:22:22,760 --> 00:22:28,120 Speaker 5: dirty anymore. Everybody spoken to says that the cops killed 373 00:22:28,200 --> 00:22:31,679 Speaker 5: Skip because he wanted to go clean and they were 374 00:22:31,720 --> 00:22:37,000 Speaker 5: afraid he'd reveal their antics, so they killed them. Allegedly, 375 00:22:37,800 --> 00:22:40,880 Speaker 5: they took their time getting to the hospital to make 376 00:22:40,920 --> 00:22:45,160 Speaker 5: sure Skip was dead allegedly, but before. 377 00:22:44,880 --> 00:22:48,679 Speaker 1: Carl spoke to anyone, Jonathan did his direct appeal, subsequent appeal, 378 00:22:48,800 --> 00:22:51,960 Speaker 1: and federal havias, which took about twelve years to finally 379 00:22:52,080 --> 00:22:55,840 Speaker 1: all be denied. Twelve long years, during which time the 380 00:22:55,920 --> 00:22:59,600 Speaker 1: lead investigator on this case, Detective Andrea Ortiz, was himself 381 00:22:59,720 --> 00:23:03,560 Speaker 1: arrest in connection with his involvement with a local drug 382 00:23:03,600 --> 00:23:07,440 Speaker 1: trafficking organization headed by an individual named Frankie Johnson. 383 00:23:07,760 --> 00:23:11,920 Speaker 3: Detective or Ties in the Western District of New York 384 00:23:12,480 --> 00:23:16,320 Speaker 3: took a play on a two thousand and four case. Now, 385 00:23:16,440 --> 00:23:19,600 Speaker 3: this plea agreement is ten pages. This was the most 386 00:23:19,600 --> 00:23:23,800 Speaker 3: substantive document that I could find with regards to this case, 387 00:23:23,840 --> 00:23:27,159 Speaker 3: because everything else I searched for was under seal, and 388 00:23:27,200 --> 00:23:30,240 Speaker 3: the plea agreement essentially lays out what he pled to 389 00:23:30,960 --> 00:23:35,200 Speaker 3: fraud and related activity in connection with computers or Tees. 390 00:23:35,280 --> 00:23:38,960 Speaker 1: Agreed to plead guilty to accessing a Justice Department criminal 391 00:23:39,040 --> 00:23:43,680 Speaker 1: database and then sharing that information with this notorious drug 392 00:23:43,760 --> 00:23:47,760 Speaker 1: kingpin Frankie Johnson. Now who knows what it was used for. 393 00:23:47,960 --> 00:23:50,920 Speaker 1: I mean, my mind doesn't go to a good place. 394 00:23:50,960 --> 00:23:54,840 Speaker 3: If he's going to utilize his access as a Buffalo 395 00:23:54,880 --> 00:23:58,679 Speaker 3: police officer and passed that information along to someone who's 396 00:23:58,760 --> 00:24:02,520 Speaker 3: not a police or someone who may be in the streets, 397 00:24:02,600 --> 00:24:03,639 Speaker 3: and that was alleged here. 398 00:24:03,760 --> 00:24:05,600 Speaker 7: There has to be a history there. 399 00:24:05,560 --> 00:24:08,760 Speaker 3: And there's probably a bunch of other things that are 400 00:24:08,800 --> 00:24:12,439 Speaker 3: being exchanged as well. It just so happened to be 401 00:24:12,920 --> 00:24:15,480 Speaker 3: that this is what they caught, or this what was 402 00:24:15,520 --> 00:24:18,520 Speaker 3: on their radar, or this is what they were able 403 00:24:18,640 --> 00:24:21,560 Speaker 3: to say was ultimately past to someone who shouldn't have 404 00:24:21,600 --> 00:24:25,080 Speaker 3: gotten this information. And also, in order for the FEDS 405 00:24:25,600 --> 00:24:28,800 Speaker 3: to take on a case like this, there has to 406 00:24:28,840 --> 00:24:33,199 Speaker 3: be substantial ties to criminal activity that far exceed this 407 00:24:33,359 --> 00:24:37,199 Speaker 3: for this to even become an issue in the Fed world. 408 00:24:37,280 --> 00:24:40,520 Speaker 7: This is a nominal crime that he took a plea to. 409 00:24:41,000 --> 00:24:43,760 Speaker 1: According to his plea deal, he'd either do one year 410 00:24:43,800 --> 00:24:47,600 Speaker 1: in prison, pay a fine, or both. A sweet deal 411 00:24:47,640 --> 00:24:50,600 Speaker 1: when you think about it, for his role in this 412 00:24:51,000 --> 00:24:54,840 Speaker 1: drug organization for which guys like Jonathan may end up 413 00:24:54,840 --> 00:24:56,520 Speaker 1: in and out of prison for life. 414 00:24:56,840 --> 00:24:59,800 Speaker 3: So whatever this guy was able to really work out, 415 00:25:00,000 --> 00:25:03,040 Speaker 3: it seems like it was actually a slap on the wrist. 416 00:25:03,240 --> 00:25:07,760 Speaker 3: The maximum possible sentences are usually just statutory and don't 417 00:25:07,760 --> 00:25:08,439 Speaker 3: actually apply. 418 00:25:08,880 --> 00:25:12,280 Speaker 4: I can't honestly speak accurately to what was going on 419 00:25:12,400 --> 00:25:15,760 Speaker 4: with those officers at the time, but as evidently something 420 00:25:15,920 --> 00:25:18,200 Speaker 4: was going on because I say, aside from the technive 421 00:25:18,200 --> 00:25:21,720 Speaker 4: war piece, there was another police officers and detectives. They 422 00:25:21,760 --> 00:25:23,040 Speaker 4: were also brought up on. 423 00:25:23,480 --> 00:25:27,000 Speaker 1: Corruption charges, which begins to grant a sent of validity 424 00:25:27,040 --> 00:25:30,000 Speaker 1: to that street version of events that Karl was talking about. 425 00:25:30,080 --> 00:25:34,359 Speaker 1: And then Aaron Yarborough came forward to shed even more 426 00:25:34,440 --> 00:25:35,640 Speaker 1: light on the situation. 427 00:25:36,520 --> 00:25:40,840 Speaker 4: Somewhere around twenty twelve, Aaron Yarborough actually ran into a 428 00:25:40,880 --> 00:25:44,240 Speaker 4: family member of mine and was saying that he had 429 00:25:44,320 --> 00:25:48,719 Speaker 4: got sick and he was likely to have long to 430 00:25:48,760 --> 00:25:51,000 Speaker 4: live and he was feeling guilty about what he had 431 00:25:51,080 --> 00:25:53,440 Speaker 4: done and he just wanted to tell the truth about it. 432 00:25:53,840 --> 00:25:57,720 Speaker 5: Aaron Yarborough, who now has passed away, said that he 433 00:25:57,800 --> 00:26:01,199 Speaker 5: was at a drug store nearby and see anything, but 434 00:26:01,440 --> 00:26:04,760 Speaker 5: the cops told him exactly what they wanted him to 435 00:26:04,880 --> 00:26:05,880 Speaker 5: say he saw. 436 00:26:06,240 --> 00:26:10,159 Speaker 3: So Yarborough actually gives a sworn statement wherever. He says 437 00:26:10,440 --> 00:26:15,639 Speaker 3: that testimony that I then offered was false and totally untrue. 438 00:26:15,800 --> 00:26:18,800 Speaker 3: I was told what to say that I had seen. 439 00:26:19,080 --> 00:26:22,840 Speaker 3: He basically says, I did not see Jonathan Parker at 440 00:26:23,000 --> 00:26:26,280 Speaker 3: or near the scene of the murder. I definitely did 441 00:26:26,320 --> 00:26:30,199 Speaker 3: not see Jonathan Parker shoot a Buffalo Police officer. I 442 00:26:30,320 --> 00:26:33,760 Speaker 3: had been around the corner store a block away from 443 00:26:33,760 --> 00:26:36,720 Speaker 3: the shooting when I heard the noise. I looked out 444 00:26:36,920 --> 00:26:40,119 Speaker 3: to see what was happening. I saw many police cars 445 00:26:40,200 --> 00:26:44,920 Speaker 3: going by, so I quickly left the area. Later that evening, 446 00:26:45,280 --> 00:26:50,920 Speaker 3: homicide Detective Andre Ortiz and a bunch of other cops 447 00:26:51,119 --> 00:26:54,159 Speaker 3: captured me. He actually uses the word captured me. 448 00:26:54,720 --> 00:26:59,359 Speaker 5: Detective Ortiese had threatened him that if he didn't lie 449 00:26:59,600 --> 00:27:04,119 Speaker 5: and that he saw Jonathan do the shooting, that he 450 00:27:04,160 --> 00:27:08,080 Speaker 5: would take him out in the cornfields and blow his 451 00:27:08,240 --> 00:27:08,760 Speaker 5: head off. 452 00:27:09,760 --> 00:27:14,040 Speaker 3: He said that he knew the reputation of Detective Ortz. 453 00:27:14,680 --> 00:27:17,560 Speaker 3: He was afraid for his life, so he agreed to 454 00:27:17,600 --> 00:27:20,600 Speaker 3: see whatever they told me to say. At Jonathan Parker's 455 00:27:20,680 --> 00:27:24,000 Speaker 3: murder triumph. Now that Detective Ortiz is no longer a 456 00:27:24,040 --> 00:27:28,520 Speaker 3: Buffalo Police detective and therefore can no longer kill me 457 00:27:28,640 --> 00:27:31,240 Speaker 3: for telling the truth. I am now willing to tell 458 00:27:31,280 --> 00:27:32,439 Speaker 3: the absolute truth. 459 00:27:32,960 --> 00:27:36,119 Speaker 1: By the time Yarboro came clean, Jonathan had connected with 460 00:27:36,200 --> 00:27:39,280 Speaker 1: Keantay Ricks in prison, who put him in contact with 461 00:27:39,400 --> 00:27:44,200 Speaker 1: Carl and Stephen, who began reinvestigating the case and recording 462 00:27:44,200 --> 00:27:48,680 Speaker 1: these affidavits. So they also visited Aaron Lott. 463 00:27:49,040 --> 00:27:53,400 Speaker 5: According to Aaron lott subsequent statement, there was a Ford 464 00:27:53,480 --> 00:27:57,640 Speaker 5: Explorer that had gone by. According to the witnesses, they 465 00:27:57,680 --> 00:28:00,960 Speaker 5: were all the way down to the next life on 466 00:28:01,119 --> 00:28:05,000 Speaker 5: Fillmore when they heard the shots. They didn't see anything. 467 00:28:05,840 --> 00:28:10,199 Speaker 5: Aaron Lott. He was facing federal prison time for drugs. 468 00:28:10,240 --> 00:28:13,320 Speaker 5: The police said, we'll make it go away if you'll 469 00:28:13,359 --> 00:28:16,640 Speaker 5: say you're a block back and saw this whole thing, 470 00:28:17,280 --> 00:28:17,960 Speaker 5: which he did. 471 00:28:18,520 --> 00:28:20,439 Speaker 1: But now we get to how they knew to approach 472 00:28:20,440 --> 00:28:23,919 Speaker 1: Aaron Lott for testimony. Remember, he wasn't in the Hyundai 473 00:28:24,000 --> 00:28:27,080 Speaker 1: Excel that Officer Martinez had seen him in earlier that night. 474 00:28:27,840 --> 00:28:31,320 Speaker 1: He was in this Ford Explorer with tinted windows. It 475 00:28:31,359 --> 00:28:35,199 Speaker 1: appears that Aaron Lott had already been cooperating with the Feds, 476 00:28:35,240 --> 00:28:40,640 Speaker 1: but strangely that wasn't information that was readily available even 477 00:28:40,760 --> 00:28:44,880 Speaker 1: if trial counsel wanted to find it, or anyone else 478 00:28:44,920 --> 00:28:45,640 Speaker 1: for that matter. 479 00:28:46,160 --> 00:28:48,720 Speaker 7: I'm looking for Aaron Lott. Why do I not. 480 00:28:48,600 --> 00:28:51,600 Speaker 3: Find anything in Aaron Lot Because I discovered that he's 481 00:28:51,640 --> 00:28:55,480 Speaker 3: going by his criminal cases Aaron Davis, and I have 482 00:28:55,640 --> 00:28:59,200 Speaker 3: confirmed with the District Attorney's office that Aaron Davis in 483 00:28:59,360 --> 00:29:06,360 Speaker 3: this key is Aaron Lott. And specifically, the plea agreement 484 00:29:06,800 --> 00:29:11,480 Speaker 3: that I received with regards to Aaron Lott pertains to 485 00:29:11,720 --> 00:29:17,920 Speaker 3: a nineteen ninety five Western District case. But on the 486 00:29:18,200 --> 00:29:23,800 Speaker 3: plea there is a actual stamp about his plea agreement 487 00:29:23,920 --> 00:29:29,320 Speaker 3: being in December of nineteen ninety seven. So here's the 488 00:29:29,520 --> 00:29:33,000 Speaker 3: entry of guilt from sometime in nineteen ninety three and 489 00:29:33,080 --> 00:29:37,640 Speaker 3: continuing through September ninety four. Defendant Aaron Davis aka Aaron 490 00:29:37,680 --> 00:29:43,200 Speaker 3: Lott knowingly, intentionally and willfully agree to assist Dexter Hennings 491 00:29:43,280 --> 00:29:47,880 Speaker 3: and others in purchasing, storing, and selling cocaine and cocaine 492 00:29:47,880 --> 00:29:51,719 Speaker 3: based crack in Buffalo, New York and elsewhere in the 493 00:29:51,760 --> 00:29:56,040 Speaker 3: Western District. Forty one grams of cocaine base and one 494 00:29:56,160 --> 00:30:00,520 Speaker 3: hundred and thirty grams of cocaine are the amounts in 495 00:30:00,560 --> 00:30:05,480 Speaker 3: his relevant conduct. Now they were talking about a mandatory 496 00:30:05,600 --> 00:30:07,440 Speaker 3: minimum of five. 497 00:30:07,440 --> 00:30:09,720 Speaker 1: It's the perfect time, actually for me to point out 498 00:30:09,760 --> 00:30:12,520 Speaker 1: the one hundred and one sentencing disparity between crack and 499 00:30:12,560 --> 00:30:15,719 Speaker 1: powder cocaine. Five grams of crack meant a minimum of 500 00:30:15,760 --> 00:30:19,520 Speaker 1: five years, fifty grams carried a minimum of ten years. 501 00:30:19,600 --> 00:30:22,840 Speaker 1: But compared to sentencing for powder cocaine, which was more 502 00:30:22,880 --> 00:30:27,960 Speaker 1: popular in wealthier and wider circles, it would take five 503 00:30:28,040 --> 00:30:31,400 Speaker 1: hundred grams of powder cocaine to trigger the very same 504 00:30:31,480 --> 00:30:34,440 Speaker 1: mandatory five year sentence that someone could get with just 505 00:30:34,680 --> 00:30:38,920 Speaker 1: five grams of crack. Meanwhile, simple possession of even one 506 00:30:39,000 --> 00:30:41,920 Speaker 1: hundred and thirty grams of cocaine was just a misdemeanor 507 00:30:41,960 --> 00:30:45,080 Speaker 1: punishable by up to a year in prison. Now, I'll 508 00:30:45,160 --> 00:30:48,720 Speaker 1: let you make your own inferences about why this disparity existed. 509 00:30:49,200 --> 00:30:52,440 Speaker 1: We spoke with Senator Dick Durbin about how he worked 510 00:30:52,480 --> 00:30:55,760 Speaker 1: to correct that disparity with the bill that he proposed, 511 00:30:55,760 --> 00:30:58,800 Speaker 1: which was signed into law in twenty ten. All of 512 00:30:58,800 --> 00:31:03,000 Speaker 1: this fascinating history is on the episode of Righteous Convictions 513 00:31:03,200 --> 00:31:05,240 Speaker 1: where I interviewed Dick Durbin. We're going to link to 514 00:31:05,280 --> 00:31:08,160 Speaker 1: that in the episode description, but back to Aaron Lott. 515 00:31:08,360 --> 00:31:11,240 Speaker 1: It appears that he had cooperated on this nineteen ninety 516 00:31:11,280 --> 00:31:14,320 Speaker 1: five case, yet the plea deal was signed in December 517 00:31:14,400 --> 00:31:19,320 Speaker 1: nineteen ninety seven, and his charges appear to completely ignore 518 00:31:19,440 --> 00:31:22,040 Speaker 1: the trafficking of one hundred and thirty grams of cocaine 519 00:31:22,120 --> 00:31:26,000 Speaker 1: and who knows what else, and instead was focused solely 520 00:31:26,040 --> 00:31:28,640 Speaker 1: on the forty one grams of crack with a minimum 521 00:31:28,640 --> 00:31:29,800 Speaker 1: sentence of five years. 522 00:31:30,080 --> 00:31:33,600 Speaker 3: Now the talk of community or house confinement, there is 523 00:31:33,680 --> 00:31:38,280 Speaker 3: this understanding that he is going to get time towards 524 00:31:38,280 --> 00:31:42,400 Speaker 3: his sentence by not officially going in. And here's what 525 00:31:42,520 --> 00:31:46,680 Speaker 3: it's based on. Check this out. There is a paragraph 526 00:31:47,000 --> 00:31:53,880 Speaker 3: entitled cooperation Paragraph eighteen. Defendant has already cooperated and will 527 00:31:53,920 --> 00:31:58,400 Speaker 3: continue to cooperate with the government by providing complete and 528 00:31:58,440 --> 00:32:02,480 Speaker 3: truthful information regards arding his knowledge of any and all 529 00:32:02,600 --> 00:32:07,040 Speaker 3: criminal activity, whether undertaken by himself or others. So they 530 00:32:07,080 --> 00:32:09,240 Speaker 3: sprinkled all this stuff in there, And what do you 531 00:32:09,280 --> 00:32:12,320 Speaker 3: think he's doing during this time? During this time he 532 00:32:12,440 --> 00:32:14,840 Speaker 3: is cooperating on Jonathan Parker's case. 533 00:32:15,200 --> 00:32:17,440 Speaker 1: In the next paragraph, it stated that the FEDS would 534 00:32:17,440 --> 00:32:20,360 Speaker 1: give him credit against his sentence for cooperation with state 535 00:32:20,400 --> 00:32:23,200 Speaker 1: and local authorities. As well, and in federal sentence and 536 00:32:23,240 --> 00:32:26,800 Speaker 1: guidelines they have numerical levels that correspond to time ranges 537 00:32:26,800 --> 00:32:30,080 Speaker 1: for specific charges. After his first cooperation, he was at 538 00:32:30,160 --> 00:32:33,440 Speaker 1: level twenty five with a minimum of sixty to seventy 539 00:32:33,440 --> 00:32:35,760 Speaker 1: one months on a community confinement. 540 00:32:35,680 --> 00:32:38,520 Speaker 7: All right, So they got him at a level twenty five. 541 00:32:38,680 --> 00:32:44,720 Speaker 3: And essentially it's saying, if you provide additional assistance. Now 542 00:32:44,840 --> 00:32:48,520 Speaker 3: we're talking about ninety seven grand jury testimony, we'll knock 543 00:32:48,560 --> 00:32:52,240 Speaker 3: it down five levels. You know, we'll talk about thirty 544 00:32:52,240 --> 00:32:56,960 Speaker 3: three to forty one months. But if you provide additional assistance, 545 00:32:57,040 --> 00:33:01,560 Speaker 3: you get another two levels knocked down at eighteen, which 546 00:33:01,680 --> 00:33:04,480 Speaker 3: provides for a sentence of twenty seven to thirty three 547 00:33:04,600 --> 00:33:06,120 Speaker 3: months of incarceration. 548 00:33:07,120 --> 00:33:10,200 Speaker 1: So by cooperating in Jonathan's case, he was able to 549 00:33:10,280 --> 00:33:13,240 Speaker 1: chip away to level eighteen, meaning just two years in 550 00:33:13,320 --> 00:33:16,920 Speaker 1: change on community confinement, with the opportunity to chip away 551 00:33:17,160 --> 00:33:20,760 Speaker 1: even more with further cooperation, and the deal got even 552 00:33:20,760 --> 00:33:22,720 Speaker 1: sweeter for mister Aaron Lott. 553 00:33:23,240 --> 00:33:27,440 Speaker 3: Moving on paragraph twenty, in exchange for defendans flee of 554 00:33:27,480 --> 00:33:30,400 Speaker 3: guild and cooperation is set forth, he will not be 555 00:33:30,520 --> 00:33:34,560 Speaker 3: prosecuted by the Office of the United States attorney for 556 00:33:34,600 --> 00:33:40,280 Speaker 3: the Western District for any other federal criminal offenses. I mean, 557 00:33:40,920 --> 00:33:45,040 Speaker 3: in that world, that is huge. Check this out now, 558 00:33:45,280 --> 00:33:49,040 Speaker 3: paragraph twenty one. The government will move the court at 559 00:33:49,080 --> 00:33:54,320 Speaker 3: sentencing provided to guidelines five K one point one. I 560 00:33:54,360 --> 00:33:56,520 Speaker 3: don't know if you know what a five K one 561 00:33:56,560 --> 00:34:00,560 Speaker 3: point one is, but it's a downward departure that submitted 562 00:34:00,600 --> 00:34:03,880 Speaker 3: in a letter format that basically says you have provided 563 00:34:03,920 --> 00:34:09,160 Speaker 3: the government substantral assistance. And it essentially is and can 564 00:34:09,200 --> 00:34:11,680 Speaker 3: be considered as good as a get out of jail 565 00:34:11,719 --> 00:34:16,080 Speaker 3: free card without question. It is amazing what a five 566 00:34:16,200 --> 00:34:17,560 Speaker 3: K one letter will do. 567 00:34:18,520 --> 00:34:21,120 Speaker 1: So Aaron Lott was in a position to be a 568 00:34:21,160 --> 00:34:24,760 Speaker 1: serial testifier, which not only would have been very useful 569 00:34:24,800 --> 00:34:28,760 Speaker 1: to trial counsel, but alternatively anyone else who Aaron Lott 570 00:34:28,800 --> 00:34:32,520 Speaker 1: may have cooperated against, falsely or otherwise. Which makes me 571 00:34:32,600 --> 00:34:36,440 Speaker 1: wonder again about what information Detective Ortiz might have accessed 572 00:34:36,480 --> 00:34:38,799 Speaker 1: and shared that got the Feds pissed off enough to 573 00:34:38,840 --> 00:34:43,279 Speaker 1: prosecute him. Either way, Jonathan now had Yarborough Lot and 574 00:34:43,360 --> 00:34:48,880 Speaker 1: by association Cassandra Salinis, this was powerful evidence of innocence, 575 00:34:49,160 --> 00:34:52,680 Speaker 1: and then Jonathan's case got another boost in twenty eighteen, 576 00:34:52,760 --> 00:34:56,000 Speaker 1: when the Supreme Court ruled in McCoy versus Louisiana, affirming 577 00:34:56,120 --> 00:34:58,800 Speaker 1: that a defendant has the right to choose their own defense, 578 00:34:59,040 --> 00:35:02,800 Speaker 1: which for him meant that his attorney violated his rights 579 00:35:02,840 --> 00:35:07,080 Speaker 1: by conceiving guilt in closing arguments. So Carl added that 580 00:35:07,560 --> 00:35:09,120 Speaker 1: to a new for forty. 581 00:35:08,840 --> 00:35:14,920 Speaker 5: Motion, I had four issues. Issue one was based on McCoy. 582 00:35:15,320 --> 00:35:19,759 Speaker 5: Issue two, McCoy is retroactive because at that point under 583 00:35:19,880 --> 00:35:23,920 Speaker 5: Montgomery and Welch they had held it to be retroactive. 584 00:35:24,160 --> 00:35:28,960 Speaker 5: Third was newly discovered evidence, basically Aaron Yacht and Aaron 585 00:35:29,040 --> 00:35:34,080 Speaker 5: Yarborough's testimony. And the fourth issue actual innocence. I did 586 00:35:34,080 --> 00:35:38,640 Speaker 5: that because under federal law, a claim of actual innocence 587 00:35:39,200 --> 00:35:44,640 Speaker 5: cannot be time barred. I had plenty of affidavits from Harrington, 588 00:35:45,320 --> 00:35:50,000 Speaker 5: from Aaron Loss, from Aaron Yarborough, and from the lead 589 00:35:50,480 --> 00:35:57,279 Speaker 5: death penalty lawyer in Rochester explaining why Harrington said what 590 00:35:57,360 --> 00:36:01,239 Speaker 5: he did because his job was not to quit Jonathan, 591 00:36:01,680 --> 00:36:05,480 Speaker 5: but to keep him alive. So originally the four forty 592 00:36:06,160 --> 00:36:13,480 Speaker 5: lead off was McCoy. Unfortunately, the Supreme Court subsequently claimed 593 00:36:13,480 --> 00:36:17,359 Speaker 5: that McCoy will not apply retroactively. Too many people were 594 00:36:17,400 --> 00:36:20,200 Speaker 5: getting out, so that issue went out. 595 00:36:20,880 --> 00:36:23,560 Speaker 1: So an amended four to forty was submitted in twenty 596 00:36:23,560 --> 00:36:26,239 Speaker 1: twenty two based on all this new evidence and the 597 00:36:26,280 --> 00:36:27,320 Speaker 1: actual illness it's claim. 598 00:36:27,600 --> 00:36:31,560 Speaker 3: I was having status conferences with the court and trying 599 00:36:31,600 --> 00:36:36,080 Speaker 3: to push for an evidentiary hearing, and I got everybody 600 00:36:36,120 --> 00:36:41,880 Speaker 3: to agree that a hearing was warranted. Then the assigned 601 00:36:41,920 --> 00:36:44,880 Speaker 3: assistant district attorney who was on the case, I believe 602 00:36:44,920 --> 00:36:47,560 Speaker 3: he was fired. He was no longer on the case. 603 00:36:47,760 --> 00:36:51,280 Speaker 3: A new set of district attorneys came on the case, 604 00:36:51,680 --> 00:36:54,840 Speaker 3: and they immediately contacted the court and said that the 605 00:36:54,880 --> 00:36:59,040 Speaker 3: district attorney's office has changed their stance on whether or 606 00:36:59,120 --> 00:37:03,400 Speaker 3: not and entry hearing was warranted. I then as for 607 00:37:03,640 --> 00:37:08,160 Speaker 3: another status conference. At that court appearance, we actually both 608 00:37:08,400 --> 00:37:12,200 Speaker 3: I mean I addressed the court at least twice. Carl 609 00:37:12,360 --> 00:37:16,160 Speaker 3: was working with Attorney Goldstein. He addressed the court and 610 00:37:16,480 --> 00:37:22,040 Speaker 3: the people's position was to essentially attack the credibility of 611 00:37:22,160 --> 00:37:26,000 Speaker 3: the recantations. And I continued to push for a hearing, 612 00:37:26,400 --> 00:37:29,680 Speaker 3: and at one point the judge said that he would 613 00:37:29,680 --> 00:37:32,080 Speaker 3: have a decision in thirty days. 614 00:37:31,840 --> 00:37:34,440 Speaker 7: Whether or not we could have an evident your hearing. 615 00:37:35,000 --> 00:37:38,279 Speaker 3: That was at the end of twenty twenty two, so 616 00:37:38,320 --> 00:37:41,960 Speaker 3: we are now going on thirty days turning into three years. 617 00:37:42,640 --> 00:37:46,560 Speaker 3: At first, my position was, let's not rock the boat 618 00:37:46,920 --> 00:37:50,200 Speaker 3: because I could force a decision, but enforcing a decision 619 00:37:50,280 --> 00:37:51,920 Speaker 3: that's going to land us in a pellet world for 620 00:37:51,920 --> 00:37:54,440 Speaker 3: the next couple of years. I submitted a bunch of 621 00:37:54,480 --> 00:37:57,480 Speaker 3: different subpoenas I kept pushing this issue that I want 622 00:37:57,480 --> 00:38:01,200 Speaker 3: people to testify, and I am told that a decision 623 00:38:01,960 --> 00:38:06,240 Speaker 3: will be issued in the month of October of this year. 624 00:38:06,600 --> 00:38:08,840 Speaker 1: And we understand that they have a massed witnesses that 625 00:38:08,880 --> 00:38:11,880 Speaker 1: will corroborate the recantations as well as support for the 626 00:38:11,920 --> 00:38:15,160 Speaker 1: alternate theory, but they can always use more help. 627 00:38:15,680 --> 00:38:18,920 Speaker 4: I'm asking for anybody who as any information in regards 628 00:38:18,920 --> 00:38:22,120 Speaker 4: to this matter and a murder officer child Skip McDowell 629 00:38:22,280 --> 00:38:28,120 Speaker 4: to please contact Carl Deviver, Stephen A. Metcalf, anybody who 630 00:38:28,160 --> 00:38:31,200 Speaker 4: you feel can hear what needs to be her for 631 00:38:31,280 --> 00:38:32,800 Speaker 4: you to say what needs to be said. 632 00:38:33,200 --> 00:38:35,960 Speaker 1: We're going to link contact information in the episode description. 633 00:38:36,120 --> 00:38:39,200 Speaker 1: Please go there, check it out, and take whatever action 634 00:38:39,280 --> 00:38:42,080 Speaker 1: you're capable of. And in the meantime, we await Judge 635 00:38:42,080 --> 00:38:45,319 Speaker 1: by NACI's decision on the evidentiary hearing. Let's hope for 636 00:38:45,360 --> 00:38:48,360 Speaker 1: a good one, and with that we'll go to closing arguments, 637 00:38:48,400 --> 00:38:51,319 Speaker 1: where I think you guys, from the bottom of my heart, 638 00:38:51,400 --> 00:38:54,880 Speaker 1: especially you Jonathan, for sharing courageously sharing your story. And 639 00:38:54,960 --> 00:38:57,919 Speaker 1: now I'm going to kick back in my chair with 640 00:38:57,960 --> 00:39:01,319 Speaker 1: my headphones on and my eye clothes on, my microphone off, 641 00:39:01,360 --> 00:39:05,240 Speaker 1: and just listen to anything else you guys have to say. Steven, 642 00:39:05,320 --> 00:39:08,200 Speaker 1: you go first, and then hand the microphone off to 643 00:39:08,280 --> 00:39:11,759 Speaker 1: Carl and then Jonathan will take us off into the sunset. 644 00:39:12,000 --> 00:39:15,319 Speaker 3: I mean, I think to summarize this with what we 645 00:39:15,360 --> 00:39:18,239 Speaker 3: spoke about tonight is if it doesn't fit, it just 646 00:39:18,920 --> 00:39:20,359 Speaker 3: there's a reason it doesn't fit. 647 00:39:20,680 --> 00:39:23,560 Speaker 7: Aaron Yarborough is ultimately. 648 00:39:23,000 --> 00:39:26,920 Speaker 3: Trying to sell CD players on the street, yet he 649 00:39:27,080 --> 00:39:31,279 Speaker 3: becomes one of the government's first witnesses. The guy gets 650 00:39:31,280 --> 00:39:34,000 Speaker 3: thrown into the Hilton. He's living his best life at 651 00:39:34,000 --> 00:39:38,480 Speaker 3: this point, giving statements to substantiate the investigation throughout the 652 00:39:38,520 --> 00:39:42,239 Speaker 3: course of this time. Then you have Aaron Lott and Cassandra. 653 00:39:42,440 --> 00:39:46,280 Speaker 3: Aaron Lott happens to be a player or drug dealer 654 00:39:46,320 --> 00:39:50,279 Speaker 3: in the streets at this time, has so much to 655 00:39:50,360 --> 00:39:55,479 Speaker 3: gain from providing information against Jonathan Parker, and in order 656 00:39:55,560 --> 00:39:58,480 Speaker 3: to do that, he had the rope Cassandra into it. 657 00:39:58,640 --> 00:40:02,799 Speaker 3: Does ultimately me and them look more credible. And ultimately 658 00:40:02,880 --> 00:40:07,600 Speaker 3: you take this mixed bag of various different characters, potentially 659 00:40:07,640 --> 00:40:10,640 Speaker 3: two of them crackheads, one of them a nice crack dealer. 660 00:40:11,080 --> 00:40:13,680 Speaker 3: You mix it all up, and you got the witnesses 661 00:40:14,320 --> 00:40:17,239 Speaker 3: they needed to put the gun in Jonathan Parker's hand. 662 00:40:17,800 --> 00:40:20,560 Speaker 3: It's just nobody actually looked at it and told the 663 00:40:20,600 --> 00:40:23,880 Speaker 3: additional story or the other side of the story. The 664 00:40:23,960 --> 00:40:27,880 Speaker 3: streets have spoken about this, The streets keep speaking about this, 665 00:40:28,080 --> 00:40:30,440 Speaker 3: and the thirty years that the streets have spoke about that, 666 00:40:30,960 --> 00:40:33,520 Speaker 3: we're looking to actually tell that real side of that 667 00:40:33,680 --> 00:40:38,040 Speaker 3: story and seek justice for Jonathan. And I'm confident that 668 00:40:38,480 --> 00:40:40,120 Speaker 3: all you got to do is give me a hearing 669 00:40:40,680 --> 00:40:44,160 Speaker 3: and I can blow Jonathan Parker's case out of the 670 00:40:44,200 --> 00:40:47,480 Speaker 3: water where no appellate division would ever even question it, 671 00:40:47,840 --> 00:40:50,320 Speaker 3: and it would just be another repeat of Jonathan Parker 672 00:40:50,400 --> 00:40:54,760 Speaker 3: case with no evidence whatsoever to justify a conviction. 673 00:40:55,440 --> 00:40:59,319 Speaker 5: They know Jonathan was innocent, but they had a dead 674 00:40:59,400 --> 00:41:03,880 Speaker 5: cop and newspaper screaming for a perpetrator, and they thought 675 00:41:04,239 --> 00:41:07,680 Speaker 5: that Parker is a nasty street kid. Let's get him 676 00:41:07,719 --> 00:41:10,600 Speaker 5: off the streets. We know he didn't kill Skip, but 677 00:41:11,120 --> 00:41:14,000 Speaker 5: he's a trouble Let's get him off the streets. I'm 678 00:41:14,000 --> 00:41:17,279 Speaker 5: glad to say that somebody is finally willing to do 679 00:41:17,360 --> 00:41:22,480 Speaker 5: something to get an innocent man, a framed man, out 680 00:41:22,480 --> 00:41:22,960 Speaker 5: of jail. 681 00:41:24,239 --> 00:41:28,600 Speaker 4: Well, there's obviously that the evidence in this case shows 682 00:41:28,600 --> 00:41:32,120 Speaker 4: that I didn't commit this crime. And as I've said, 683 00:41:32,160 --> 00:41:35,120 Speaker 4: I've professed my innocence from the day I turned myself 684 00:41:35,200 --> 00:41:39,360 Speaker 4: into the very second where you're hearing this broadcast. So 685 00:41:39,440 --> 00:41:42,120 Speaker 4: I just asked the justice to be served. We say 686 00:41:42,120 --> 00:41:44,600 Speaker 4: we have a justice system, that the justice system is 687 00:41:44,640 --> 00:41:48,280 Speaker 4: supposed to be equal to everyone. This is justice system 688 00:41:48,360 --> 00:41:52,360 Speaker 4: was not equal to me in these circumstances surrounding this case. 689 00:41:52,680 --> 00:41:54,600 Speaker 4: So now is the time to correct what needs to 690 00:41:54,640 --> 00:41:58,160 Speaker 4: be corrected, and hopefully the truth will come to the 691 00:41:58,239 --> 00:42:01,040 Speaker 4: light and I will be set free. 692 00:42:05,760 --> 00:42:08,400 Speaker 1: Thank you for listening to Wrongful Conviction. You can listen 693 00:42:08,440 --> 00:42:10,799 Speaker 1: to this and all the Lava for Good podcasts one 694 00:42:10,840 --> 00:42:13,840 Speaker 1: week early and ad free by subscribing to Lava for 695 00:42:13,920 --> 00:42:16,719 Speaker 1: Good Plus on Apple Podcasts. I want to thank our 696 00:42:16,719 --> 00:42:19,880 Speaker 1: production team, Connor Hall, and Kathleen Fink, as well as 697 00:42:19,880 --> 00:42:23,720 Speaker 1: my fellow executive producers Jeff Kempler, Kevin Wartis, and Jeff Cleiber. 698 00:42:23,800 --> 00:42:25,919 Speaker 1: The music in this production was supplied by three time 699 00:42:25,960 --> 00:42:29,040 Speaker 1: OSCAR nominated composer Jay Ralph. Be sure to follow us 700 00:42:29,080 --> 00:42:31,920 Speaker 1: across all social media platforms at Lava for Good and 701 00:42:32,200 --> 00:42:35,160 Speaker 1: at Wrongful Conviction. You can also follow me on Instagram 702 00:42:35,200 --> 00:42:38,040 Speaker 1: at It's Jason Flamm. Wrongful Conviction is a production of 703 00:42:38,120 --> 00:42:41,759 Speaker 1: Lava for Good Podcasts and association with Signal Company Number One. 704 00:42:41,880 --> 00:42:44,400 Speaker 7: We've worked hard to ensure that all facts reported in 705 00:42:44,440 --> 00:42:45,640 Speaker 7: this show are accurate. 706 00:42:45,719 --> 00:42:48,440 Speaker 1: The views and opinions expressed by the individuals featured in 707 00:42:48,440 --> 00:42:51,120 Speaker 1: this show are their own and do not necessarily reflect 708 00:42:51,200 --> 00:42:52,879 Speaker 1: those of Lava for Good.