1 00:00:03,040 --> 00:00:05,600 Speaker 1: On Thanksgiving two thousand and five, ninety four year old 2 00:00:05,680 --> 00:00:08,680 Speaker 1: Helen Sailor returned to her home, a high rise apartment 3 00:00:08,680 --> 00:00:12,920 Speaker 1: building for the elderly and disabled in Elkhardidiana. When phone 4 00:00:12,960 --> 00:00:16,520 Speaker 1: calls went unanswered through the following morning, family members found 5 00:00:16,560 --> 00:00:20,080 Speaker 1: Helen strangled to death, allegedly with the lanyard that had 6 00:00:20,120 --> 00:00:24,360 Speaker 1: gone missing. A partial print of dubious importance was sent 7 00:00:24,440 --> 00:00:28,120 Speaker 1: to the Indiana State Police lab. Initially, Elk Cahrd PD 8 00:00:28,320 --> 00:00:31,920 Speaker 1: had two viable suspects, but the investigation went cold. The 9 00:00:32,000 --> 00:00:35,080 Speaker 1: case became a priority again when a new homicide unit 10 00:00:35,159 --> 00:00:39,879 Speaker 1: was formed. Detective Mark Daggy had an unfounded theory involving 11 00:00:39,920 --> 00:00:42,960 Speaker 1: a string of burglaries and a younger resident the high rise, 12 00:00:43,240 --> 00:00:47,280 Speaker 1: Lana Canaan. Investigators pressured a vulnerable friend of Lana's to 13 00:00:47,320 --> 00:00:50,120 Speaker 1: claim that she had confessed to murdering Helen Sailor with 14 00:00:50,280 --> 00:00:54,480 Speaker 1: another high rise resident, a disabled man named Andy Royer, 15 00:00:54,840 --> 00:00:58,080 Speaker 1: who was dragged in for a course of interrogation resulting 16 00:00:58,280 --> 00:01:02,360 Speaker 1: in a false confession. Corroborate these false statements. They pulled 17 00:01:02,360 --> 00:01:05,399 Speaker 1: the prints from the Indiana State Police ladder and gave 18 00:01:05,440 --> 00:01:08,000 Speaker 1: them to an untrained analyst just to get him to 19 00:01:08,000 --> 00:01:11,160 Speaker 1: say the print match Faana. Andy and Lana went to 20 00:01:11,200 --> 00:01:14,319 Speaker 1: trial together and were not able to cross examine each 21 00:01:14,360 --> 00:01:18,360 Speaker 1: other to point out the glaring inconsistencies in Andy's recanted 22 00:01:18,400 --> 00:01:23,440 Speaker 1: statement between the fabricated fingerprint match, false statements, and outright 23 00:01:23,480 --> 00:01:27,440 Speaker 1: perjury by law enforcement. Both Lana and Andy were sentenced 24 00:01:27,480 --> 00:01:31,720 Speaker 1: to fifty five years in prison. This is wrongful conviction. 25 00:01:45,440 --> 00:01:47,760 Speaker 1: Welcome back to wrongful conviction. Today. I have a case 26 00:01:47,800 --> 00:01:50,560 Speaker 1: out of Elkhart, Indiana, a town that I have a 27 00:01:50,600 --> 00:01:52,920 Speaker 1: bad feeling. We're going to start to know really well, 28 00:01:52,960 --> 00:01:55,560 Speaker 1: because if just one case can involve so many of 29 00:01:55,600 --> 00:01:57,680 Speaker 1: the hallmarks of wrongful convictions in the town of so 30 00:01:57,800 --> 00:02:01,080 Speaker 1: few people, what else must be out there? And the 31 00:02:01,080 --> 00:02:04,200 Speaker 1: case today involves a false confession, a coerced eye witness, 32 00:02:04,280 --> 00:02:09,840 Speaker 1: false expert testimony, prosecutorial misconduct, official misconduct, and a general 33 00:02:10,080 --> 00:02:13,320 Speaker 1: reckless and almost total disregard for the truth, justice, and 34 00:02:13,400 --> 00:02:16,880 Speaker 1: public safety. And this case is not only about what 35 00:02:17,040 --> 00:02:21,240 Speaker 1: happened to an elderly woman, Helen Sailor, but also the 36 00:02:21,280 --> 00:02:24,760 Speaker 1: two people who were wrongfully convicted, Vlana Kane and the 37 00:02:24,840 --> 00:02:29,280 Speaker 1: man who is with us today, Andy Royer. Andy, Welcome 38 00:02:29,320 --> 00:02:30,160 Speaker 1: to wrongful conviction. 39 00:02:30,440 --> 00:02:31,400 Speaker 2: Thanks for having me. 40 00:02:31,800 --> 00:02:34,120 Speaker 1: Thank you for joining us. And with him is his 41 00:02:34,200 --> 00:02:37,800 Speaker 1: attorney from the Notre Dame Exoneration Justice Clinic. I've never 42 00:02:37,880 --> 00:02:41,800 Speaker 1: seen someone who is more effective at breaking down the 43 00:02:41,840 --> 00:02:45,400 Speaker 1: blue wall of silence. Elliott Slosar, Welcome to the show. 44 00:02:45,720 --> 00:02:46,919 Speaker 3: Thanks so much for having us. 45 00:02:47,400 --> 00:02:51,160 Speaker 1: So tell us a little about where this story takes place. 46 00:02:51,800 --> 00:02:55,960 Speaker 4: Yeah, Elkhart, you know, small town, Indiana, approximately forty fifty 47 00:02:56,000 --> 00:03:00,359 Speaker 4: thousand people. I think it still considers itself the RV 48 00:03:00,480 --> 00:03:04,760 Speaker 4: capital of the world. RVs are less used now than 49 00:03:04,800 --> 00:03:07,800 Speaker 4: then we're in the nineties, but it's a town that 50 00:03:07,960 --> 00:03:09,880 Speaker 4: you know, at its height, people were moving from all 51 00:03:09,919 --> 00:03:12,080 Speaker 4: over the Midwest to go work there and work in 52 00:03:12,280 --> 00:03:15,880 Speaker 4: the factories and you know, build better lives. You know 53 00:03:15,919 --> 00:03:19,040 Speaker 4: when the RV stuff sort of slowed down is when 54 00:03:19,080 --> 00:03:24,200 Speaker 4: Elkhart became more written with crime. That uptick ultimately produced 55 00:03:24,200 --> 00:03:26,000 Speaker 4: a lot of wrongful convictions. 56 00:03:25,919 --> 00:03:27,520 Speaker 1: Right, And as we saw all over the country in 57 00:03:27,520 --> 00:03:29,600 Speaker 1: the eighties and nineties, you had an uptick in crime, 58 00:03:29,639 --> 00:03:33,480 Speaker 1: and politicians then ran quote unquote tough on crime campaigns, 59 00:03:34,320 --> 00:03:36,600 Speaker 1: which I have to say is just nonsense. It's really 60 00:03:36,640 --> 00:03:38,920 Speaker 1: just tough on people. Those things never result in a 61 00:03:38,960 --> 00:03:41,400 Speaker 1: reduction in crime, but anyway, that led to an era 62 00:03:41,520 --> 00:03:43,640 Speaker 1: when the authorities were just playing fast and loose with 63 00:03:43,680 --> 00:03:46,440 Speaker 1: the rules and the civil rights of our fellow Americans, 64 00:03:46,520 --> 00:03:49,960 Speaker 1: arresting just about anyone in order to close cases, which, 65 00:03:50,360 --> 00:03:53,280 Speaker 1: of course, as we often recognize here on the show, 66 00:03:53,400 --> 00:03:56,480 Speaker 1: it leaves the trooper out on the street, ready and 67 00:03:56,520 --> 00:03:59,080 Speaker 1: willing to commit more crimes in most cases. 68 00:03:59,360 --> 00:04:04,160 Speaker 4: Yeah, I think systemically Elkhart have had police miss conduct 69 00:04:04,200 --> 00:04:08,320 Speaker 4: problems dating back to the sixties and seventies. There was 70 00:04:08,560 --> 00:04:12,080 Speaker 4: a real lack of training in place and a real 71 00:04:12,120 --> 00:04:16,400 Speaker 4: acceptance and even encouragement of police mist conduct, and that 72 00:04:16,520 --> 00:04:18,240 Speaker 4: stuff did not end in the nineties. 73 00:04:18,320 --> 00:04:20,880 Speaker 3: And you know, they've had a lot of wrongful convictions. 74 00:04:20,920 --> 00:04:24,400 Speaker 4: Five exonerations so far, five exonerations out of a population 75 00:04:24,720 --> 00:04:27,760 Speaker 4: of fifty thousand, five exonerations. You know, we've got like 76 00:04:27,800 --> 00:04:31,840 Speaker 4: another dozen wrongfully convicted clients from Melkart who are still trying. 77 00:04:31,640 --> 00:04:32,159 Speaker 3: To come home. 78 00:04:32,240 --> 00:04:36,080 Speaker 4: And that's only like the tip of what we're uncovering there. 79 00:04:36,080 --> 00:04:39,200 Speaker 1: Right, So we're talking about seventeen out of a population 80 00:04:39,279 --> 00:04:41,240 Speaker 1: of fifty thousand, and those are just the ones we 81 00:04:41,279 --> 00:04:43,280 Speaker 1: know about. I mean, just to give you a comparison. 82 00:04:43,320 --> 00:04:45,760 Speaker 1: By the way, there have been three hundred and thirty 83 00:04:45,800 --> 00:04:48,880 Speaker 1: exonerations in New York City. Now there are plenty more 84 00:04:48,920 --> 00:04:52,039 Speaker 1: people fighting for justice as we speak, innocent as could be, 85 00:04:52,200 --> 00:04:54,960 Speaker 1: but still three hundred and thirty in a city of 86 00:04:55,000 --> 00:04:57,159 Speaker 1: about eight and a half million people. That nets out 87 00:04:57,200 --> 00:04:59,320 Speaker 1: to about four per one hundred thousand. 88 00:04:59,520 --> 00:05:04,640 Speaker 4: I think that per capita Elkhart, Indiana, the city will 89 00:05:04,640 --> 00:05:08,000 Speaker 4: be the wrongful conviction capital in the US. 90 00:05:08,360 --> 00:05:11,040 Speaker 1: Yeah, you know. I read another case out of Elkhart, 91 00:05:11,160 --> 00:05:14,480 Speaker 1: a guy named Edgar Garrett in the nineties when interrogations 92 00:05:14,480 --> 00:05:18,960 Speaker 1: were all video recorded. It's a false confession case which 93 00:05:19,000 --> 00:05:22,119 Speaker 1: preceded Andy's. But Edgar Garrett was acquitted because the jury 94 00:05:22,200 --> 00:05:24,760 Speaker 1: saw the interrogation. And I bring it up to illustrate 95 00:05:24,800 --> 00:05:27,200 Speaker 1: the systemic problem in Elkhart. Can you tell us about 96 00:05:27,200 --> 00:05:27,679 Speaker 1: that case? 97 00:05:28,160 --> 00:05:31,359 Speaker 4: What happened in the case with Edgar Garrett? He was 98 00:05:31,640 --> 00:05:35,520 Speaker 4: a father accused of murdering his child. The child wasn't 99 00:05:35,520 --> 00:05:39,200 Speaker 4: found yet the police interrogate him for twelve hours. This 100 00:05:39,360 --> 00:05:41,360 Speaker 4: is like back in like ninety three, ninety four. It's 101 00:05:41,400 --> 00:05:45,320 Speaker 4: all video recorded, same interrogations rooms. As you know, Andy, 102 00:05:45,360 --> 00:05:50,279 Speaker 4: a decade later, when that interrogation was going on. It 103 00:05:50,400 --> 00:05:54,599 Speaker 4: produced a false confession where edgar Garrett falsely confessed to 104 00:05:54,680 --> 00:05:56,240 Speaker 4: killing his daughter by hitting her. 105 00:05:56,200 --> 00:05:58,120 Speaker 3: Over the head with like a pipe. 106 00:05:58,560 --> 00:06:01,640 Speaker 4: They hadn't found the body yet. They then took Garrett 107 00:06:01,680 --> 00:06:04,320 Speaker 4: to the crime scene, did a reenactment with him. A 108 00:06:04,320 --> 00:06:08,280 Speaker 4: couple weeks later, they find the body. The daughter is 109 00:06:08,440 --> 00:06:11,560 Speaker 4: stabbed to death like dozens and dozens of times. She 110 00:06:11,680 --> 00:06:14,800 Speaker 4: wasn't killed by being hit in the head, and they're like, oh, shoot, 111 00:06:15,000 --> 00:06:17,479 Speaker 4: so like in hell, caart what they did? They went 112 00:06:17,640 --> 00:06:21,119 Speaker 4: forward with the death penalty trial. The jury was shown 113 00:06:21,160 --> 00:06:25,680 Speaker 4: the interrogation video. They found Eggre Garrett not guilty, and 114 00:06:26,120 --> 00:06:30,160 Speaker 4: the jurors were interviewed and what they'd said was we 115 00:06:30,320 --> 00:06:34,479 Speaker 4: saw that it was the cops confession that Egregarrett was 116 00:06:34,520 --> 00:06:38,840 Speaker 4: just repeating it, that they browbeat him into a false confession. 117 00:06:39,120 --> 00:06:42,920 Speaker 1: And I mean, this is why we obviously and desperately 118 00:06:43,000 --> 00:06:47,000 Speaker 1: need videotaping of all interactions with police. I'm talking about 119 00:06:47,320 --> 00:06:53,960 Speaker 1: identification proceedings, witness interviews, interrogations, because when a jury witnesses 120 00:06:54,000 --> 00:06:57,240 Speaker 1: how these things go down, they can better assess the 121 00:06:57,320 --> 00:06:59,800 Speaker 1: validity of each of these pieces of evidence. 122 00:07:00,000 --> 00:07:02,360 Speaker 4: One hundred percent so they do this dayline episode, the 123 00:07:02,400 --> 00:07:05,320 Speaker 4: Electric prosecutors on there, Michael Consteina, and they're like, boy, 124 00:07:05,400 --> 00:07:09,159 Speaker 4: you know, mister Constantino, this seems like you've got a problem. 125 00:07:09,440 --> 00:07:12,280 Speaker 4: Like the guy canfest in a different way than the 126 00:07:12,360 --> 00:07:13,080 Speaker 4: daughter was killed. 127 00:07:13,080 --> 00:07:14,440 Speaker 3: That's a real problem. You know. 128 00:07:14,600 --> 00:07:17,440 Speaker 4: Weren't you concerned about that? He's like, well, you know, 129 00:07:17,880 --> 00:07:19,280 Speaker 4: wasn't good for the case. 130 00:07:19,600 --> 00:07:22,160 Speaker 1: Which of course begs the question why did they go 131 00:07:22,240 --> 00:07:25,520 Speaker 1: forward with the prosecution, let alone go for the death penalty. 132 00:07:25,600 --> 00:07:28,200 Speaker 4: Yeah, so he went forward with it anyways. And so 133 00:07:28,240 --> 00:07:30,360 Speaker 4: at the end of the episode, there's this fascinating thing 134 00:07:30,520 --> 00:07:32,640 Speaker 4: where they're like, and we've spoken to the city of 135 00:07:32,680 --> 00:07:36,120 Speaker 4: Elkhart and they have now changed their policies and they 136 00:07:36,120 --> 00:07:39,200 Speaker 4: were no longer video recording interrogations. 137 00:07:39,720 --> 00:07:42,200 Speaker 1: Okay, So, faced with the reality that this man had 138 00:07:42,240 --> 00:07:44,560 Speaker 1: not killed his daughter and was coerced at to saying 139 00:07:44,640 --> 00:07:47,520 Speaker 1: that he had, the remedy was not to reprimand the 140 00:07:47,560 --> 00:07:50,640 Speaker 1: officer or figured out some safeguards against getting false confessions. No, 141 00:07:51,120 --> 00:07:55,120 Speaker 1: their solution was to remove the transparency, and that of 142 00:07:55,160 --> 00:07:57,720 Speaker 1: course set the stage for what happened in Andy's case. 143 00:07:58,000 --> 00:08:00,080 Speaker 1: But before we get into that aspect of it, go 144 00:08:00,280 --> 00:08:02,880 Speaker 1: back to before any of this happened, Andy, what was 145 00:08:02,920 --> 00:08:05,200 Speaker 1: your life like growing up in Elkhart. Can you tell 146 00:08:05,280 --> 00:08:07,320 Speaker 1: us a little bit about your childhood. 147 00:08:08,040 --> 00:08:11,840 Speaker 2: I had a stepdad and he was around for us 148 00:08:11,880 --> 00:08:14,040 Speaker 2: all the time and it turned out good. So. 149 00:08:15,160 --> 00:08:17,040 Speaker 1: And what were some of your favorite things to do? 150 00:08:17,440 --> 00:08:20,600 Speaker 2: Swimming and playing baseball? Junior minor leagues? 151 00:08:21,120 --> 00:08:23,600 Speaker 1: Wow, junior minor leagues. You must have been a pretty 152 00:08:23,680 --> 00:08:25,080 Speaker 1: decent athlete there, you know. 153 00:08:25,400 --> 00:08:27,720 Speaker 2: It was It kept me busy during the summer. 154 00:08:28,120 --> 00:08:30,280 Speaker 1: So you kept busy and never were in trouble with 155 00:08:30,280 --> 00:08:31,840 Speaker 1: the police. What about school? 156 00:08:31,960 --> 00:08:34,120 Speaker 2: Yeah, a's and b's and great. 157 00:08:34,160 --> 00:08:36,960 Speaker 1: So you excelled in sports and in school. But then 158 00:08:37,040 --> 00:08:39,200 Speaker 1: you later went on to qualify to live in a 159 00:08:39,360 --> 00:08:42,520 Speaker 1: high rise building specifically for elderly people and people with 160 00:08:42,520 --> 00:08:46,319 Speaker 1: disabilities because of a tragic accident. Do you feel comfortable 161 00:08:46,520 --> 00:08:47,480 Speaker 1: telling us about that? 162 00:08:47,880 --> 00:08:48,520 Speaker 2: No, I don't want to. 163 00:08:49,040 --> 00:08:51,640 Speaker 1: I totally understand. Is it okay if Elliott tells us 164 00:08:51,640 --> 00:08:52,040 Speaker 1: about it? 165 00:08:52,200 --> 00:08:52,760 Speaker 2: Yeah? 166 00:08:52,920 --> 00:08:56,280 Speaker 4: Andy was working and suffered you know, a really really 167 00:08:56,320 --> 00:09:00,000 Speaker 4: tragic accident while working, you know, one of those telephone poles. 168 00:09:00,320 --> 00:09:02,360 Speaker 4: He pushed somebody out of the way it was going 169 00:09:02,440 --> 00:09:05,720 Speaker 4: to fall in. Another colleague and it caused for Andy 170 00:09:05,760 --> 00:09:09,360 Speaker 4: to suffer significant traumatic injury to his hand, and so 171 00:09:09,440 --> 00:09:11,240 Speaker 4: he's lost part of his middle finger. 172 00:09:11,360 --> 00:09:12,400 Speaker 3: He only has half of it. 173 00:09:12,520 --> 00:09:16,120 Speaker 4: He saved somebody's life in the process. But the fascinating 174 00:09:16,160 --> 00:09:19,760 Speaker 4: thing was that the trauma that Andy endured from that 175 00:09:20,040 --> 00:09:25,960 Speaker 4: experience like rewired his brain, and so Andy now suffers, 176 00:09:26,040 --> 00:09:30,319 Speaker 4: you know, significant cognitive functioning disabilities that like he didn't 177 00:09:30,400 --> 00:09:31,760 Speaker 4: have as a teenager. 178 00:09:32,280 --> 00:09:34,600 Speaker 1: Well, Andy, I know you don't want to talk about it, 179 00:09:34,640 --> 00:09:38,319 Speaker 1: but what you did was just straight heroic and it's 180 00:09:38,360 --> 00:09:39,679 Speaker 1: something you should be very proud of. 181 00:09:40,000 --> 00:09:40,680 Speaker 2: I'm proud of it. 182 00:09:41,000 --> 00:09:43,600 Speaker 1: Yeah, I would be too. And so you were living 183 00:09:43,640 --> 00:09:46,079 Speaker 1: in this high rise, struggling to acclimate and adjust to 184 00:09:46,160 --> 00:09:48,520 Speaker 1: life having gone through this tragic accent, and that's when 185 00:09:48,559 --> 00:09:51,960 Speaker 1: you offended Lana Canaan, who ends up the second wrongful 186 00:09:51,960 --> 00:09:55,880 Speaker 1: conviction survivor in this story. Now, from what I understand, 187 00:09:55,960 --> 00:09:58,280 Speaker 1: the detective in this case had previously had a theory 188 00:09:58,280 --> 00:10:00,400 Speaker 1: that Lana may have been responsible for or a few 189 00:10:00,440 --> 00:10:02,840 Speaker 1: burglaries in the high rise. Now he had nothing to 190 00:10:02,880 --> 00:10:05,199 Speaker 1: actually back that up other than that she had dated 191 00:10:05,200 --> 00:10:08,920 Speaker 1: a maintenance guy there and could have plausibly theoretically had 192 00:10:08,960 --> 00:10:13,040 Speaker 1: access to his keys, so pretty much just pure speculation. 193 00:10:13,360 --> 00:10:15,120 Speaker 1: But she was on the mind of at least one 194 00:10:15,160 --> 00:10:18,280 Speaker 1: detective before all of this happened. Can you tell us 195 00:10:18,320 --> 00:10:19,719 Speaker 1: about your relationship to her. 196 00:10:20,040 --> 00:10:22,160 Speaker 2: Yeah, I used to hang around her. She didn't seem 197 00:10:22,240 --> 00:10:26,800 Speaker 2: like trouble somebody talk to and just as a friend. 198 00:10:27,280 --> 00:10:29,959 Speaker 1: Dude, either of you remember what brought her to the 199 00:10:30,040 --> 00:10:30,480 Speaker 1: high rise. 200 00:10:30,960 --> 00:10:33,880 Speaker 4: My understanding is that Lana had some sort of mental 201 00:10:33,920 --> 00:10:37,360 Speaker 4: health struggle that qualified as a disability which allowed for 202 00:10:37,360 --> 00:10:39,880 Speaker 4: her to live there. I'm not sure the exact type. 203 00:10:40,040 --> 00:10:43,800 Speaker 4: She was functioning at a much higher rate than Andy was. 204 00:10:43,800 --> 00:10:46,959 Speaker 1: At the time, and the prosecution then used that as 205 00:10:47,000 --> 00:10:49,400 Speaker 1: a way to say that Andy was the muscle under 206 00:10:49,480 --> 00:10:52,120 Speaker 1: Lana's control in an incident that neither of you had 207 00:10:52,160 --> 00:10:55,960 Speaker 1: anything to do with the murder of another resident at 208 00:10:56,000 --> 00:10:58,360 Speaker 1: the high rise, a ninety four year old blind woman 209 00:10:58,440 --> 00:11:02,200 Speaker 1: named Helen Sailor. And this blind woman she lived alone, 210 00:11:02,480 --> 00:11:04,600 Speaker 1: but she had a home healthcare worker to a sister 211 00:11:04,640 --> 00:11:07,280 Speaker 1: in her daily task including filling up her medications, and 212 00:11:07,320 --> 00:11:10,439 Speaker 1: it's believed that she was killed sometime in the evening 213 00:11:10,960 --> 00:11:14,400 Speaker 1: on November twenty eighth, Thanksgiving, two thousand and two. 214 00:11:14,920 --> 00:11:17,079 Speaker 4: So they had a family dinner. You know, Helen was 215 00:11:17,160 --> 00:11:19,839 Speaker 4: dropped off at the high rise. I think sometime in 216 00:11:19,880 --> 00:11:24,000 Speaker 4: the early evening. Her home healthcare worker called, as she 217 00:11:24,120 --> 00:11:26,360 Speaker 4: usually would to, you know, say hey, I'm going to 218 00:11:26,400 --> 00:11:28,360 Speaker 4: be there the next morning to help you out, please, 219 00:11:28,440 --> 00:11:31,559 Speaker 4: you know, have the door unlocked or whatever. And there 220 00:11:31,559 --> 00:11:34,679 Speaker 4: were some phone calls that were missed that night. The 221 00:11:34,720 --> 00:11:38,440 Speaker 4: next morning she also didn't answer, and so ultimately the 222 00:11:39,240 --> 00:11:42,840 Speaker 4: home health care nurse arrived, the family came, They unlocked 223 00:11:42,880 --> 00:11:46,520 Speaker 4: the door, and inside they found a deceased Helen Saylor. 224 00:11:47,000 --> 00:11:50,760 Speaker 1: And one of her relatives was Elkhard PD Lieutenant Paul Converts, 225 00:11:50,760 --> 00:11:54,280 Speaker 1: who initially led this investigation. Now, Helen had been strangled 226 00:11:54,280 --> 00:11:56,120 Speaker 1: to death, and they believed that it may have been 227 00:11:56,120 --> 00:11:57,520 Speaker 1: done with a missing lanyard. 228 00:11:57,600 --> 00:11:59,880 Speaker 4: Right, so she had like a lanyard around her neck, 229 00:12:00,080 --> 00:12:02,640 Speaker 4: would have like her key on it. They couldn't find that, 230 00:12:02,720 --> 00:12:05,559 Speaker 4: and so the thought was that if she was strangled, 231 00:12:05,559 --> 00:12:08,760 Speaker 4: that it likely would have been that the perpetrator used 232 00:12:09,000 --> 00:12:13,040 Speaker 4: that lanyard. There were no signs of like forced entry, 233 00:12:13,360 --> 00:12:16,640 Speaker 4: and so the police sort of suspected that she either 234 00:12:16,720 --> 00:12:20,280 Speaker 4: opened her door voluntarily or this is somebody who had 235 00:12:20,320 --> 00:12:23,520 Speaker 4: a key there was some like pretty significant physical evidence 236 00:12:23,559 --> 00:12:24,160 Speaker 4: that was there. 237 00:12:24,440 --> 00:12:24,640 Speaker 1: You know. 238 00:12:24,720 --> 00:12:27,040 Speaker 4: One of the things that they found on her was 239 00:12:27,080 --> 00:12:31,320 Speaker 4: like a cranberry like substance, like a sticky substance around her. 240 00:12:31,760 --> 00:12:35,520 Speaker 4: And they also found a pill bottle out on the counter. 241 00:12:35,720 --> 00:12:38,160 Speaker 4: They ended up recovering a latent print from that pill 242 00:12:38,200 --> 00:12:41,880 Speaker 4: bottle that became an issue later on in the investigation. 243 00:12:42,360 --> 00:12:45,000 Speaker 1: Yeah, so there's this partial fingerprint on the pill bottle 244 00:12:45,080 --> 00:12:48,199 Speaker 1: in an apartment that is frequented by home healthcare workers. 245 00:12:48,240 --> 00:12:51,400 Speaker 1: But if that print belonged to someone who didn't belong 246 00:12:51,440 --> 00:12:55,160 Speaker 1: in the apartment, like Lanna Canaan, then that would appear 247 00:12:55,200 --> 00:13:00,160 Speaker 1: to be damning evidence. Unfortunately, the subjectivity a fingerprint analysis 248 00:13:00,200 --> 00:13:02,280 Speaker 1: plays heavily in this case, as it does in so 249 00:13:02,400 --> 00:13:07,439 Speaker 1: many cases. Fingerprints do have appropriate value, but the analysis 250 00:13:07,440 --> 00:13:10,440 Speaker 1: comes down to a subjective comparison made by a highly 251 00:13:10,520 --> 00:13:14,000 Speaker 1: fallible human being. This type of analysis is hardly as 252 00:13:14,040 --> 00:13:16,920 Speaker 1: exact as we've all been led to believe. Now, I 253 00:13:17,040 --> 00:13:19,559 Speaker 1: encourage our audience to listen to our episode of Junk 254 00:13:19,600 --> 00:13:22,520 Speaker 1: Science ronfl Coviction Junk Science, where our host Josh Duben 255 00:13:22,559 --> 00:13:24,880 Speaker 1: does a deep dive on this subject. We're going to 256 00:13:24,960 --> 00:13:26,760 Speaker 1: have it linked in the bio please check it out. 257 00:13:26,960 --> 00:13:29,880 Speaker 1: And in this case, the analysis was later proven to 258 00:13:29,920 --> 00:13:33,200 Speaker 1: be wholly unreliable, but let's put a pin in that 259 00:13:33,320 --> 00:13:38,160 Speaker 1: for now. So we've got no werner weapon, a partial 260 00:13:38,200 --> 00:13:39,800 Speaker 1: print which may or may not have had anything to 261 00:13:39,800 --> 00:13:42,000 Speaker 1: do with the crime, no signs of a break in, 262 00:13:42,559 --> 00:13:46,280 Speaker 1: which means the perp probably either new missailor or had 263 00:13:46,280 --> 00:13:48,280 Speaker 1: a key or forced their way in while the door 264 00:13:48,360 --> 00:13:52,160 Speaker 1: was still a lot. They did DNA testing of her fingernails, 265 00:13:52,200 --> 00:13:57,240 Speaker 1: detecting only missailors DNA. And then you've got what might 266 00:13:57,320 --> 00:14:01,440 Speaker 1: be cranberry sauce residue, potentially from somebody thanksgiving leftovers. It 267 00:14:01,520 --> 00:14:04,319 Speaker 1: was Thanksgiving it for all, but hardly anything to go on. 268 00:14:05,000 --> 00:14:08,439 Speaker 1: And this investigation happened in almost like phases, the first 269 00:14:08,440 --> 00:14:12,080 Speaker 1: of which was before ELK CARDPD had a homicide unit. 270 00:14:12,120 --> 00:14:14,680 Speaker 1: And in this first phase, the detectives from the Criminal 271 00:14:14,679 --> 00:14:19,400 Speaker 1: Investigation Division did a surprisingly good job at developing leads 272 00:14:19,880 --> 00:14:21,160 Speaker 1: with this little to go on. 273 00:14:21,560 --> 00:14:25,600 Speaker 4: These initial leads, there were two really good alternative suspects developed. 274 00:14:25,680 --> 00:14:28,240 Speaker 4: The first one and you know this isn't a shocker. 275 00:14:28,320 --> 00:14:30,120 Speaker 4: It's like, well, you want to see who the victim 276 00:14:30,120 --> 00:14:34,240 Speaker 4: has contact with how about the guy who delivers her medicine. 277 00:14:34,520 --> 00:14:36,680 Speaker 4: And so they looked at this guy, Larry Wood. They 278 00:14:36,720 --> 00:14:39,320 Speaker 4: went to his apartment. I believe it was the day 279 00:14:39,360 --> 00:14:42,720 Speaker 4: that the body was found. He was very, very anxious. 280 00:14:42,760 --> 00:14:47,200 Speaker 4: According to the officers, they found his shoes and on 281 00:14:47,440 --> 00:14:51,320 Speaker 4: the shoes was blood and they did luminol testing inside 282 00:14:51,320 --> 00:14:53,320 Speaker 4: the apartment which confirmed it was blood, and then they 283 00:14:53,320 --> 00:14:55,280 Speaker 4: took the shoes and so they had this guy. They 284 00:14:55,280 --> 00:14:57,080 Speaker 4: asked Larry at first, they were like, hey, Larry, when's 285 00:14:57,080 --> 00:14:59,120 Speaker 4: the last time you saw Helen Sailor? And He's like, oh, 286 00:15:00,320 --> 00:15:04,000 Speaker 4: saw her on Thanksgiving evening, after she got dropped off 287 00:15:04,000 --> 00:15:06,160 Speaker 4: by her family. You know, I helped her the elevator. 288 00:15:06,600 --> 00:15:10,480 Speaker 4: And that becomes important because later when Larry's confronted in 289 00:15:10,520 --> 00:15:13,720 Speaker 4: an interrogation like setting at the Olkcar Police department, he 290 00:15:13,880 --> 00:15:17,040 Speaker 4: changes his story and said, oh, I think I actually 291 00:15:17,080 --> 00:15:18,960 Speaker 4: went on the elevator with her, and I may have 292 00:15:19,000 --> 00:15:22,720 Speaker 4: walked her into the apartment. And so Larry would, by 293 00:15:22,760 --> 00:15:26,320 Speaker 4: all respects, was like the last person to see Helen 294 00:15:26,400 --> 00:15:29,680 Speaker 4: Sailor alive. He would later fail a polygraph exam. You know, 295 00:15:29,800 --> 00:15:34,040 Speaker 4: I know polygraph is an admissible evidence in court, but 296 00:15:34,200 --> 00:15:37,360 Speaker 4: like this is a guy that like should have like 297 00:15:37,560 --> 00:15:41,000 Speaker 4: raised every single red flag. So that was like suspect 298 00:15:41,120 --> 00:15:44,400 Speaker 4: number one. Suspect number two is this guy named Tony 299 00:15:44,480 --> 00:15:47,720 Speaker 4: Thomas who was like visiting his grandmother at the high 300 00:15:47,800 --> 00:15:50,520 Speaker 4: rise over that weekend. He had previously been convicted of 301 00:15:50,680 --> 00:15:55,200 Speaker 4: murder in like Kansas or somewhere, and was acting very 302 00:15:55,320 --> 00:15:59,400 Speaker 4: very suspicious that day. And the early investigation they spoke 303 00:15:59,440 --> 00:16:03,360 Speaker 4: to people who saw Tony Thomas on the elevator clicking 304 00:16:03,400 --> 00:16:06,120 Speaker 4: the buttons for every floor. And this would have been 305 00:16:06,280 --> 00:16:08,760 Speaker 4: after the time that Helen Saylor got home, and so 306 00:16:08,840 --> 00:16:12,520 Speaker 4: there was some real question as to whether he may 307 00:16:12,560 --> 00:16:15,240 Speaker 4: have gotten off on the floor that Helen lived on 308 00:16:15,480 --> 00:16:17,640 Speaker 4: and tried to take money that way, because he was 309 00:16:17,680 --> 00:16:19,880 Speaker 4: asking other people for money in the high rise. What's 310 00:16:19,880 --> 00:16:23,120 Speaker 4: fascinating about Tony Thomas. You would think, hey, convicted murder, 311 00:16:23,120 --> 00:16:25,480 Speaker 4: you bring him to the police station, you'd interrogate him. 312 00:16:25,600 --> 00:16:28,880 Speaker 4: There's nothing indicating that they ever did that. And the 313 00:16:28,920 --> 00:16:34,960 Speaker 4: initial investigators they didn't charge anybody, and eventually they consider 314 00:16:35,000 --> 00:16:37,920 Speaker 4: the case to be cold. And so I think by 315 00:16:38,000 --> 00:16:40,520 Speaker 4: like the summer of two thousand and three, so this is, 316 00:16:40,520 --> 00:16:43,120 Speaker 4: you know, roughly six seven months later, that's when the 317 00:16:43,120 --> 00:16:47,240 Speaker 4: Elkhar Police Department formed their homicide unit. Lieutenant Converse was 318 00:16:47,280 --> 00:16:49,840 Speaker 4: in charge of it. This case became the first case 319 00:16:49,920 --> 00:16:53,920 Speaker 4: that the homicide unit ever investigated. In Lieutenant Converse, we 320 00:16:53,960 --> 00:16:56,840 Speaker 4: believe you know, was determined to close the case for 321 00:16:56,880 --> 00:16:58,720 Speaker 4: a relative of his who got killed. 322 00:16:59,160 --> 00:17:02,320 Speaker 1: But instead of racking those promising leads from phase one 323 00:17:02,360 --> 00:17:05,359 Speaker 1: of the investigations, the newly formed homicide unit assigned the 324 00:17:05,400 --> 00:17:08,600 Speaker 1: case to lead Detective Carl Conway and Detective Mark dag 325 00:17:09,119 --> 00:17:12,720 Speaker 1: who took the case in the wrong direction. So what 326 00:17:12,960 --> 00:17:15,440 Speaker 1: happens in this next phase of the investigation. 327 00:17:15,880 --> 00:17:18,879 Speaker 4: Phase two of the investigation was how they framed Andy 328 00:17:18,920 --> 00:17:21,880 Speaker 4: and Lana. By like August the two thousand and three, 329 00:17:22,800 --> 00:17:26,640 Speaker 4: this was a cold case and Daggie was like obsessed 330 00:17:26,680 --> 00:17:29,640 Speaker 4: with Lana Keenan, Like he thought that Lana had committed 331 00:17:29,640 --> 00:17:32,479 Speaker 4: burglaries in the high rise because she was dating this 332 00:17:32,560 --> 00:17:35,280 Speaker 4: maintenance worker, so she would have access to a key, 333 00:17:35,440 --> 00:17:38,320 Speaker 4: he thought. And he can never develop proble cause to 334 00:17:38,400 --> 00:17:40,560 Speaker 4: charge with any of those burglaries, like he kept coming 335 00:17:40,600 --> 00:17:42,600 Speaker 4: after and coming after, can never charge on Alna was like, 336 00:17:42,640 --> 00:17:44,080 Speaker 4: I didn't do any of this stuff, you know, leave 337 00:17:44,080 --> 00:17:46,200 Speaker 4: me alone. You're like really annoying me. And so Daggy 338 00:17:46,240 --> 00:17:48,159 Speaker 4: couldn't get her on this. So when him and Conway 339 00:17:48,200 --> 00:17:50,600 Speaker 4: came up, they're like, Oh, we're gonna go get Lana Kanaan. 340 00:17:51,119 --> 00:17:55,280 Speaker 4: So on September one, two thousand and three, Lana Cayden 341 00:17:55,520 --> 00:17:58,280 Speaker 4: Anita Porter are drive in in a car and they 342 00:17:58,280 --> 00:18:01,639 Speaker 4: get pulled over for like super minor traffic infractions. And 343 00:18:01,680 --> 00:18:05,080 Speaker 4: at the time, Nina Porter was on prol so she 344 00:18:05,160 --> 00:18:09,200 Speaker 4: had a lot at risk. But in that interaction, Nina 345 00:18:09,280 --> 00:18:12,120 Speaker 4: Porter was never like I have information about a murder, 346 00:18:12,160 --> 00:18:15,400 Speaker 4: nothing like that. The only thing of value was that 347 00:18:16,240 --> 00:18:18,919 Speaker 4: Lana was taken into costody as a result of that 348 00:18:18,960 --> 00:18:22,040 Speaker 4: traffic stop. Detective Conway found out and he talked to 349 00:18:22,119 --> 00:18:24,959 Speaker 4: patrol officer, and patrol officer was like, oh, yeah, Lana 350 00:18:25,160 --> 00:18:27,760 Speaker 4: was with this woman named Nina Porter. And so Conway 351 00:18:27,920 --> 00:18:30,600 Speaker 4: took it on his own volition to show up at 352 00:18:30,640 --> 00:18:32,400 Speaker 4: Nina Porter's house the next day. 353 00:18:32,960 --> 00:18:35,919 Speaker 1: And from what I understand is that Carl Conway was 354 00:18:36,000 --> 00:18:38,800 Speaker 1: known for being a case closer, so to speak, who 355 00:18:38,800 --> 00:18:41,840 Speaker 1: would use intimidation tactics to get what he wanted. 356 00:18:42,359 --> 00:18:45,480 Speaker 4: Yeah, well, I think now Detective Conway is known for 357 00:18:45,880 --> 00:18:48,560 Speaker 4: all of his feelings in this particular case. It's what 358 00:18:48,680 --> 00:18:51,240 Speaker 4: led to the end of his career. But you know, 359 00:18:51,280 --> 00:18:55,000 Speaker 4: he had a reputation in the department for getting confessions 360 00:18:55,200 --> 00:18:58,760 Speaker 4: and closing cases. I mean, the guy is massive. He's 361 00:18:58,920 --> 00:19:04,600 Speaker 4: likely sixty five sixty six, two fifty to three hundred pounds. 362 00:19:05,119 --> 00:19:08,200 Speaker 1: Sounds like a really scary guy in the interrogation room, 363 00:19:08,440 --> 00:19:11,960 Speaker 1: Andy who was. He's not somebody you won't show up 364 00:19:11,960 --> 00:19:14,560 Speaker 1: on your front doorstep either, like he did with Nina Porter. 365 00:19:14,680 --> 00:19:17,000 Speaker 1: And the details of that interaction didn't come out until 366 00:19:17,040 --> 00:19:20,080 Speaker 1: Nina testified about fifteen or sixteen years later in post conviction. 367 00:19:20,600 --> 00:19:22,240 Speaker 1: Can you tell us what she said about that? 368 00:19:22,440 --> 00:19:25,560 Speaker 4: What Nina Porter says is that Conway shows up at 369 00:19:25,560 --> 00:19:28,280 Speaker 4: her house, threatening her from the jump to tell her 370 00:19:28,280 --> 00:19:31,639 Speaker 4: something about implicating Lana Keenan and the murder of Helen Sailor, 371 00:19:31,800 --> 00:19:33,480 Speaker 4: and Nina's like, I don't know any think I don't 372 00:19:33,520 --> 00:19:36,280 Speaker 4: know anything. He then threatens to like violate her parle, 373 00:19:36,560 --> 00:19:39,399 Speaker 4: have her kids removed, then takes her down to the 374 00:19:39,440 --> 00:19:42,760 Speaker 4: police station and interrogates the heck out of this woman 375 00:19:43,320 --> 00:19:46,560 Speaker 4: who is super vulnerable. At some point he promises her 376 00:19:46,720 --> 00:19:49,800 Speaker 4: reward too, because you know reward money have been offering 377 00:19:49,880 --> 00:19:53,080 Speaker 4: up by the home healthcare company that you know assisted 378 00:19:53,119 --> 00:19:56,680 Speaker 4: Helen Taylor, and so like just coerces the heck out 379 00:19:56,680 --> 00:19:59,919 Speaker 4: of this woman for hours to fabricate a fallse statement 380 00:20:00,080 --> 00:20:02,720 Speaker 4: implicating Laana and Andy and the murder of Helen Sailor. 381 00:20:03,240 --> 00:20:07,040 Speaker 1: It is so freaking disturbing how normalized that tactic of 382 00:20:07,280 --> 00:20:10,120 Speaker 1: threatening to take someone's children away is for the police. 383 00:20:10,160 --> 00:20:13,480 Speaker 1: It's like as common as donuts, but much more sinister. 384 00:20:13,800 --> 00:20:17,200 Speaker 1: And Nina later in post conviction had so much more 385 00:20:17,240 --> 00:20:20,560 Speaker 1: to say about the absurd way in which Conway took 386 00:20:20,600 --> 00:20:21,520 Speaker 1: this false statement. 387 00:20:21,960 --> 00:20:24,959 Speaker 4: So during a recorded setment, imagine this con is showing 388 00:20:24,960 --> 00:20:26,840 Speaker 4: her pictures and on the back of it there were 389 00:20:26,880 --> 00:20:29,600 Speaker 4: phrases that she was supposed to repeat once he turned 390 00:20:29,600 --> 00:20:32,880 Speaker 4: the recorder on. The story was that Lana keenan over 391 00:20:32,920 --> 00:20:36,719 Speaker 4: the Fourth of July holiday like stall Nina Porter at 392 00:20:36,720 --> 00:20:39,320 Speaker 4: a high rise picnic or something, and was just like 393 00:20:40,000 --> 00:20:43,719 Speaker 4: talking about killing Helen Sailor in like very vague ways. 394 00:20:44,000 --> 00:20:45,920 Speaker 4: And one of the things she remembered that she was 395 00:20:45,920 --> 00:20:50,480 Speaker 4: supposed to say was that Lana told her Thanksgiving thanks 396 00:20:50,520 --> 00:20:53,280 Speaker 4: for giving death, that that's what thanksgiving mentor which is 397 00:20:53,320 --> 00:20:56,080 Speaker 4: an absurd thing. And then you know, made some other 398 00:20:56,200 --> 00:20:59,520 Speaker 4: comment implicating her and Andy in the murder by saying 399 00:20:59,560 --> 00:21:03,240 Speaker 4: that I had like complete control over Andy and so 400 00:21:03,520 --> 00:21:06,439 Speaker 4: she was basically the brains and Andy was the bron 401 00:21:06,760 --> 00:21:09,200 Speaker 4: and that was something that the police had feed to 402 00:21:09,240 --> 00:21:09,840 Speaker 4: her as well. 403 00:21:10,080 --> 00:21:12,879 Speaker 1: Okay, so now they have the probable cause they needed 404 00:21:12,880 --> 00:21:15,679 Speaker 1: to drag you and Lana in for question. Lana denied 405 00:21:15,680 --> 00:21:18,800 Speaker 1: any Vomban and was initially that go. But that's not 406 00:21:18,880 --> 00:21:21,240 Speaker 1: how it went with you. Andy, tell us about when 407 00:21:21,240 --> 00:21:22,080 Speaker 1: they picked you up. 408 00:21:22,480 --> 00:21:26,280 Speaker 2: I was in my apartment and I heard a knock 409 00:21:26,320 --> 00:21:28,600 Speaker 2: on the door and they said, do you want to 410 00:21:28,600 --> 00:21:31,320 Speaker 2: come down? And we want to question you know, I 411 00:21:31,359 --> 00:21:34,040 Speaker 2: thought nothing of it. I wasn't even sure what it 412 00:21:34,080 --> 00:21:36,760 Speaker 2: was for because I had never heard about the murders. 413 00:21:36,800 --> 00:21:40,040 Speaker 1: So and when they interrogated you over the course of 414 00:21:40,080 --> 00:21:42,600 Speaker 1: September third and fourth, how did they come at you? 415 00:21:42,680 --> 00:21:43,520 Speaker 1: What did they say to you? 416 00:21:43,680 --> 00:21:47,280 Speaker 2: We know you have ties with Atlanta and what do 417 00:21:47,480 --> 00:21:50,760 Speaker 2: means to you? And what do you know about the murder? 418 00:21:50,840 --> 00:21:55,359 Speaker 2: And what I was trying to say is I didn't 419 00:21:55,359 --> 00:21:57,400 Speaker 2: have nothing to do with it. I told him that too. 420 00:21:58,080 --> 00:22:01,720 Speaker 2: He just kept twisting and twisting away, repeating himself asking 421 00:22:01,720 --> 00:22:04,640 Speaker 2: me what'd you choke her with? And how'd you get 422 00:22:04,680 --> 00:22:08,359 Speaker 2: in the door? And how was Lana involved with this? 423 00:22:08,640 --> 00:22:11,880 Speaker 1: And it's not like they were oblivious to your cognitive 424 00:22:11,880 --> 00:22:14,720 Speaker 1: impairment health. It was part of their theory of how 425 00:22:14,800 --> 00:22:19,600 Speaker 1: Lana could control you. So at some point, after hours 426 00:22:19,640 --> 00:22:24,399 Speaker 1: of this intense pressure, you finally gave in, thinking that 427 00:22:24,520 --> 00:22:27,040 Speaker 1: you'd be able to leave if you said what they wanted. 428 00:22:27,280 --> 00:22:28,360 Speaker 1: Is that accurate? 429 00:22:28,840 --> 00:22:33,080 Speaker 2: Yes, I just I gave up. They fed me lines, and. 430 00:22:34,560 --> 00:22:37,680 Speaker 1: As we have seen in so many false confessions, the 431 00:22:37,720 --> 00:22:40,960 Speaker 1: lines that they fed you ended up being the only 432 00:22:41,080 --> 00:22:43,879 Speaker 1: things that could be verified, while the information that solely 433 00:22:43,920 --> 00:22:48,000 Speaker 1: came from you, Andy was riddled with falsehoods, nonsense, and 434 00:22:48,080 --> 00:22:51,520 Speaker 1: inconsistencies for the simple and obvious reason that you knew 435 00:22:51,560 --> 00:22:55,040 Speaker 1: nothing about the crime and Elliott, you were able to 436 00:22:55,119 --> 00:22:58,159 Speaker 1: get Conway to admit to this, right, which is insane? 437 00:22:58,600 --> 00:22:59,640 Speaker 1: Can you take us through that? 438 00:23:00,080 --> 00:23:03,760 Speaker 4: But Conway eventually admitted to this. Is like at Andy's 439 00:23:03,760 --> 00:23:08,359 Speaker 4: evidentiary hearing, was that the only two pieces of information 440 00:23:08,440 --> 00:23:11,080 Speaker 4: that they were able to corroberate they were actually true 441 00:23:11,720 --> 00:23:14,800 Speaker 4: was the fact that he lived in the high rise 442 00:23:15,440 --> 00:23:17,960 Speaker 4: at the time of the murder, and that he knew 443 00:23:18,040 --> 00:23:22,160 Speaker 4: Lana Kanan. Everything else that was like in his statement 444 00:23:22,640 --> 00:23:28,000 Speaker 4: was proven to either be false or Detective Conway admitted 445 00:23:28,040 --> 00:23:29,240 Speaker 4: to feeding Andy. 446 00:23:29,840 --> 00:23:30,199 Speaker 3: First. 447 00:23:30,840 --> 00:23:32,720 Speaker 4: You know, a couple of the examples of the stuff 448 00:23:32,760 --> 00:23:35,600 Speaker 4: that was false is they got Andy to say that 449 00:23:35,680 --> 00:23:39,520 Speaker 4: he sold Helen Sailors, like some r jewelry or something 450 00:23:39,520 --> 00:23:41,840 Speaker 4: at like a pawnshop. They went to the pawnshop. The 451 00:23:41,920 --> 00:23:46,840 Speaker 4: records objectively proved that Andy Royer never sold anything there. 452 00:23:47,040 --> 00:23:49,480 Speaker 4: Another thing is they got Andy to say that like 453 00:23:49,600 --> 00:23:52,280 Speaker 4: he cleaned up the apartment with some like towels and 454 00:23:52,359 --> 00:23:55,520 Speaker 4: threw them down the chute, the trash chute. During the 455 00:23:55,600 --> 00:23:59,800 Speaker 4: underlying investigation, they actually learned that the trash chute was 456 00:24:00,280 --> 00:24:03,440 Speaker 4: broken from like the twelfth floor down or something like that. 457 00:24:03,480 --> 00:24:05,280 Speaker 4: There was also another thing where you know, they're like, 458 00:24:05,359 --> 00:24:07,320 Speaker 4: you know, what liquid did you pour on her? And 459 00:24:07,320 --> 00:24:10,600 Speaker 4: Andy said milk. That was wrong because they knew it 460 00:24:10,640 --> 00:24:15,040 Speaker 4: was like a Cranberry saw substance and wasn't milk. So like, 461 00:24:15,280 --> 00:24:18,400 Speaker 4: unless Conway actually was telling him stuff that was consistent 462 00:24:18,400 --> 00:24:22,560 Speaker 4: with the investigation, everything else was objectively wrong. 463 00:24:22,480 --> 00:24:23,080 Speaker 3: And they knew that. 464 00:24:23,560 --> 00:24:26,679 Speaker 4: And you know, the biggest piece of evidence that we 465 00:24:26,800 --> 00:24:31,520 Speaker 4: had that showed the unreliability of the statement was after 466 00:24:31,560 --> 00:24:35,400 Speaker 4: the statement, According to Detective Conway's report, Andy asked can 467 00:24:35,440 --> 00:24:36,160 Speaker 4: I go home now? 468 00:24:37,119 --> 00:24:39,440 Speaker 3: And Conway had to tell. 469 00:24:39,200 --> 00:24:42,280 Speaker 4: Andy that he just gave a confession to murder and 470 00:24:42,359 --> 00:24:54,360 Speaker 4: didn't even know right. 471 00:24:57,080 --> 00:24:59,800 Speaker 1: The Pacers Foundation is a proud supporter of this episode 472 00:24:59,800 --> 00:25:03,040 Speaker 1: of awful conviction and of the Last Mile organization, which 473 00:25:03,080 --> 00:25:07,320 Speaker 1: provides business and tech training to help incarcerated individuals successfully 474 00:25:07,320 --> 00:25:11,160 Speaker 1: and permanently reenter the workforce. The Pacers Foundation is committed 475 00:25:11,160 --> 00:25:15,160 Speaker 1: to improving the lives of Hoosiers across Indiana, supporting organizations 476 00:25:15,160 --> 00:25:18,480 Speaker 1: that are dedicated primarily to helping young people and students. 477 00:25:18,800 --> 00:25:21,360 Speaker 1: For more information on the work of the Pacers Foundation 478 00:25:21,600 --> 00:25:25,119 Speaker 1: or the Last Mile program, visit Pacersfoundation dot org or 479 00:25:25,160 --> 00:25:26,480 Speaker 1: the Lastmile dot org. 480 00:25:32,840 --> 00:25:36,000 Speaker 4: So what they did, though, was because the statement was 481 00:25:36,080 --> 00:25:39,280 Speaker 4: so botched, as a captain Andy in custody at the 482 00:25:39,359 --> 00:25:43,520 Speaker 4: police department overnight after charging him with murder so that 483 00:25:43,560 --> 00:25:48,280 Speaker 4: they can interrogate him the next day, which lake never happens. 484 00:25:48,320 --> 00:25:50,359 Speaker 4: If you get a confession that's legitimate, why you need 485 00:25:50,440 --> 00:25:51,920 Speaker 4: to keep this guy the next day? And the interrogate 486 00:25:51,960 --> 00:25:54,840 Speaker 4: him again. He had already been charged with murder. They 487 00:25:54,920 --> 00:25:57,399 Speaker 4: kept him overnight, they didn't give him an attorney, he 488 00:25:57,440 --> 00:25:59,200 Speaker 4: didn't get to go to court, and then they did 489 00:25:59,240 --> 00:26:02,119 Speaker 4: the whole thing the next day, hoping that they could 490 00:26:02,520 --> 00:26:07,280 Speaker 4: get a more reliable statement that wasn't so obviously fabricated 491 00:26:07,359 --> 00:26:08,160 Speaker 4: by coercion. 492 00:26:08,560 --> 00:26:11,560 Speaker 1: Yeah, imagine if they still had to worry about their 493 00:26:11,600 --> 00:26:14,480 Speaker 1: misconduct being videotape for a jury to see. And yet 494 00:26:14,840 --> 00:26:19,679 Speaker 1: somehow this still has room to get even worse. 495 00:26:20,440 --> 00:26:25,840 Speaker 4: While this two day interrogations going on, with this very aggressive, 496 00:26:26,320 --> 00:26:31,280 Speaker 4: psychologically coercive interrogator and Andy, who's got the mind of 497 00:26:31,320 --> 00:26:36,439 Speaker 4: a child, there are people watching the interrogation and we 498 00:26:36,480 --> 00:26:38,800 Speaker 4: only found this out after Andy was EXONDERI it was 499 00:26:38,840 --> 00:26:40,560 Speaker 4: one of the people watching. It was the person who 500 00:26:40,680 --> 00:26:44,760 Speaker 4: ultimately prosecuted him, that she was actually sitting there watching 501 00:26:44,800 --> 00:26:49,400 Speaker 4: this psychologically coercive interrogation take place and doing nothing about it. 502 00:26:49,640 --> 00:26:51,520 Speaker 1: What's her name again, Vicky Becker? 503 00:26:51,880 --> 00:26:55,080 Speaker 4: Vicky Becker, and she's now the elected prosecutor you know 504 00:26:55,119 --> 00:26:58,159 Speaker 4: Aboutkark County. Our hope is that we can end that 505 00:26:58,440 --> 00:27:03,080 Speaker 4: she was at the interrogaate. She was the person who 506 00:27:03,119 --> 00:27:06,520 Speaker 4: put on Detective Conway to testify a trial about the 507 00:27:06,520 --> 00:27:10,560 Speaker 4: interrogation actually elicited from him. Now, did you feed mister 508 00:27:10,640 --> 00:27:13,199 Speaker 4: roy or any information? Conway's like, Oh, No, wouldn't do 509 00:27:13,280 --> 00:27:16,280 Speaker 4: that because I knew he had a mental disability. Wouldn't 510 00:27:16,280 --> 00:27:18,800 Speaker 4: feed him a single fact. If she was there during 511 00:27:18,800 --> 00:27:21,320 Speaker 4: the interrogation, which she says she is, she would have 512 00:27:21,440 --> 00:27:24,520 Speaker 4: known what Conway now admits, which is that he fed 513 00:27:24,600 --> 00:27:29,080 Speaker 4: Andy all the information that actually aligned with the facts 514 00:27:29,080 --> 00:27:31,840 Speaker 4: of the case. Whatever those facts were, it came from 515 00:27:31,880 --> 00:27:35,679 Speaker 4: Conway's mouth. And in Detective Conway's own report, he admitted 516 00:27:36,200 --> 00:27:39,760 Speaker 4: that before he took Andy's confession that Andy was confused, 517 00:27:40,080 --> 00:27:43,280 Speaker 4: he was fatigued, and he's later admitted that he believed 518 00:27:43,280 --> 00:27:47,520 Speaker 4: that Andy was mentally broken before he ever took the statement. 519 00:27:47,880 --> 00:27:51,560 Speaker 1: And had this been videotaped, like Edgar Garrett's interrogation, had 520 00:27:51,560 --> 00:27:56,160 Speaker 1: the jury seen this, it would have impeached everything, all 521 00:27:56,240 --> 00:27:58,560 Speaker 1: the lies that Detective Conway had to say a trial. 522 00:27:59,200 --> 00:28:02,440 Speaker 1: And if the evidence in this case wasn't fraudulent enough, 523 00:28:02,920 --> 00:28:06,280 Speaker 1: that brings us to the only physical evidence, the fingerprint. 524 00:28:07,080 --> 00:28:09,800 Speaker 1: So in Phase one they sent the medicine bottle and 525 00:28:09,920 --> 00:28:12,560 Speaker 1: other physical evidence off to the Indiana State Police lab 526 00:28:12,640 --> 00:28:17,480 Speaker 1: and eventually they sent fingerprints of suspects aka standards for comparison. 527 00:28:17,520 --> 00:28:21,040 Speaker 1: But in Phase two, when Conway and Daggy got involved, 528 00:28:21,080 --> 00:28:25,760 Speaker 1: something telling happened with the Prince. Conway and Daggy's story 529 00:28:25,920 --> 00:28:28,439 Speaker 1: was that Andy and Lana first came on their radar 530 00:28:28,520 --> 00:28:32,080 Speaker 1: through Nina Porter's coerce statement in September two thousand and three. 531 00:28:32,520 --> 00:28:36,200 Speaker 4: In August of two thousand and three, though before Nina 532 00:28:36,520 --> 00:28:40,320 Speaker 4: and Lana were pulled over, the Alkhar Police Department removed 533 00:28:40,360 --> 00:28:44,719 Speaker 4: the physical evidence from the Indiana c Police Laboratory and 534 00:28:45,200 --> 00:28:48,640 Speaker 4: sent it to a deputy sheriff at the Elkhart County 535 00:28:48,640 --> 00:28:53,040 Speaker 4: Sheriff's Department named Denis Chapman for him to compare the 536 00:28:53,120 --> 00:28:56,760 Speaker 4: Leyden print to Andy Warrior's standard. Not only Andy, but 537 00:28:56,760 --> 00:29:00,840 Speaker 4: but Lana can as well. They were literally targeting Lana 538 00:29:00,880 --> 00:29:05,080 Speaker 4: and Andy before they manufactured that false evidence during the 539 00:29:05,080 --> 00:29:09,800 Speaker 4: first week of September. Chapman, come to find out, never 540 00:29:10,040 --> 00:29:15,760 Speaker 4: trained to do leaking different comparisons at all. And Dennis 541 00:29:15,840 --> 00:29:19,480 Speaker 4: Chapman writes like a two page report that says that 542 00:29:19,600 --> 00:29:22,280 Speaker 4: he matches the print from the medicine bottle to the 543 00:29:22,360 --> 00:29:25,360 Speaker 4: left peaky finger of Lana Canna. Come to find out, 544 00:29:25,880 --> 00:29:28,160 Speaker 4: it ended up not being a peaky figer at all. 545 00:29:28,640 --> 00:29:32,320 Speaker 4: It was like the index finger to somebody. He excluded 546 00:29:32,480 --> 00:29:35,360 Speaker 4: a home healthcare worker. So like he got the finger wrong, 547 00:29:35,920 --> 00:29:39,320 Speaker 4: the person wrong, and then he somehow excluded the right person, 548 00:29:39,760 --> 00:29:41,560 Speaker 4: which all of that shows it was just like a 549 00:29:41,560 --> 00:29:45,320 Speaker 4: total fabrication. Like this guy was not doing a legitimate comparison. 550 00:29:45,680 --> 00:29:49,200 Speaker 4: He was just doing whatever the conway An EPD wanted 551 00:29:49,240 --> 00:29:49,720 Speaker 4: him to do. 552 00:29:50,080 --> 00:29:52,040 Speaker 1: You might as well have my dog look at it. 553 00:29:52,120 --> 00:29:54,440 Speaker 4: I mean, it would be just the same, right, because 554 00:29:54,480 --> 00:29:56,440 Speaker 4: like Chapman is a total fraud anyways. 555 00:29:56,800 --> 00:29:59,120 Speaker 1: Right, And that's even unfair to my dog because Freddy 556 00:29:59,160 --> 00:29:59,960 Speaker 1: would never do something. 557 00:30:00,360 --> 00:30:04,480 Speaker 4: Yeah, So like we see him as like Elkhart's hired gun. 558 00:30:04,760 --> 00:30:10,560 Speaker 4: You know, this untrained, unqualified deputy sheriff that when the 559 00:30:10,600 --> 00:30:13,320 Speaker 4: elk Car Prosecutor's Office or the el Car Police Department 560 00:30:13,480 --> 00:30:16,680 Speaker 4: was concerned that the Indy NFC Police Laboratory wouldn't give 561 00:30:16,720 --> 00:30:20,360 Speaker 4: them the findings that they want, they would remove it 562 00:30:20,760 --> 00:30:24,240 Speaker 4: and send it to this illegitimate proxy who would then 563 00:30:24,240 --> 00:30:27,280 Speaker 4: fabricated opinion for them for whoever their suspect was. 564 00:30:27,560 --> 00:30:31,720 Speaker 1: I shuddered to think. But how many other cases has 565 00:30:31,800 --> 00:30:33,000 Speaker 1: Chapman been involved in? 566 00:30:33,360 --> 00:30:37,840 Speaker 4: So we are digging into Chapman now. He had been 567 00:30:38,040 --> 00:30:41,040 Speaker 4: used by the elkar Police Department to do Leyton print 568 00:30:41,040 --> 00:30:44,120 Speaker 4: comparisons dating back to the nineteen nineties. So we actually 569 00:30:44,160 --> 00:30:47,680 Speaker 4: have another wrongful conviction case from Elkhart. That's a murder 570 00:30:48,200 --> 00:30:52,520 Speaker 4: from like two thousand that Vicky Becker was the prosecutor 571 00:30:52,600 --> 00:30:54,200 Speaker 4: on and Lo and Behold. 572 00:30:54,280 --> 00:30:55,600 Speaker 3: The week before trial. 573 00:30:55,320 --> 00:30:59,280 Speaker 4: In that case, Dennis Chapman was brought in to exclude 574 00:30:59,320 --> 00:31:02,239 Speaker 4: all the alternati suspects from the print left on what 575 00:31:02,280 --> 00:31:03,800 Speaker 4: they alleged was a murder weapon. 576 00:31:04,080 --> 00:31:09,360 Speaker 1: Wow, this is a Fandora's box of evil. 577 00:31:09,560 --> 00:31:12,840 Speaker 4: And he only stopped giving them opinions in twenty eleven 578 00:31:13,080 --> 00:31:17,520 Speaker 4: ish when Lana Kingan's post conviction petition unraveled the fact 579 00:31:17,520 --> 00:31:20,360 Speaker 4: that his opinion was false all along. 580 00:31:20,840 --> 00:31:24,840 Speaker 1: So almost twenty years worth of cases, this guy Chapman, 581 00:31:24,880 --> 00:31:27,880 Speaker 1: who has no formal training to do fingerprint analysis, would 582 00:31:27,920 --> 00:31:30,840 Speaker 1: just come in and testify as an expert. You've got 583 00:31:30,840 --> 00:31:33,760 Speaker 1: a real problem in Elkhart and Andy was just another 584 00:31:33,880 --> 00:31:38,320 Speaker 1: one of their countless victims. So they had this in 585 00:31:38,400 --> 00:31:41,560 Speaker 1: and I'm putting this in quotation marks fingerprint match Nina 586 00:31:41,600 --> 00:31:44,680 Speaker 1: Porter saying that Lana confessed to her and implicated you Andy, 587 00:31:44,760 --> 00:31:48,520 Speaker 1: And then they had Andy's false confession. Andy, you had 588 00:31:48,560 --> 00:31:50,800 Speaker 1: been in jail for two years now, and they came 589 00:31:50,840 --> 00:31:52,880 Speaker 1: to see you with your defense attorney to see if 590 00:31:52,920 --> 00:31:56,600 Speaker 1: they could get you to testify and repeat your false confession. 591 00:31:56,640 --> 00:31:59,560 Speaker 1: But this time he wouldn't do it. How did that 592 00:31:59,640 --> 00:32:00,320 Speaker 1: all play out? 593 00:32:00,520 --> 00:32:03,920 Speaker 2: They just kept asking me questions again and making sure 594 00:32:04,120 --> 00:32:07,120 Speaker 2: everything was okay, And I was like, no, I didn't 595 00:32:07,120 --> 00:32:08,400 Speaker 2: have nothing to do with the murder. 596 00:32:08,920 --> 00:32:11,480 Speaker 1: Of course they knew that already. So now it's August 597 00:32:11,520 --> 00:32:14,240 Speaker 1: two thousand and five and you walk into court. What 598 00:32:14,360 --> 00:32:15,920 Speaker 1: was that like? Uh? 599 00:32:16,320 --> 00:32:19,080 Speaker 2: I felt like a stiff board walking down the aisle 600 00:32:19,120 --> 00:32:24,440 Speaker 2: and going into sit down in the courtroom. And Vicky 601 00:32:24,440 --> 00:32:27,640 Speaker 2: Becker was, well, we got this and we got that. 602 00:32:28,000 --> 00:32:32,760 Speaker 2: And they never asked me or my attorney never did 603 00:32:32,760 --> 00:32:33,720 Speaker 2: anything at the time. 604 00:32:34,240 --> 00:32:36,360 Speaker 1: Yeah, you had a defense attorney who had just heard 605 00:32:36,400 --> 00:32:39,120 Speaker 1: you vehemently recant your false confession. Yet he made no 606 00:32:39,200 --> 00:32:41,640 Speaker 1: effort to suppress that statement. And from what I understand, 607 00:32:41,720 --> 00:32:44,240 Speaker 1: when he was given a list of false confession experts 608 00:32:44,440 --> 00:32:48,840 Speaker 1: like doctor Richard Leo doctor offshe that he called exactly 609 00:32:49,040 --> 00:32:52,360 Speaker 1: zero of the names on that list up to testify. 610 00:32:52,440 --> 00:32:56,720 Speaker 1: And Elliott. We've seen plenty of cases with multiple Code defendants, 611 00:32:56,760 --> 00:32:59,520 Speaker 1: but this one really is problematic and it's hard to 612 00:32:59,560 --> 00:33:01,720 Speaker 1: believe this was allowed to go forward as one trial. 613 00:33:02,080 --> 00:33:03,600 Speaker 1: Can you explain what I'm talking. 614 00:33:03,320 --> 00:33:06,960 Speaker 4: About, Because like ol In el Card Indiana, when you 615 00:33:07,000 --> 00:33:10,120 Speaker 4: have a situation where you have two code defendants, one 616 00:33:10,160 --> 00:33:14,240 Speaker 4: of them falsely confesses and implicates his other Code defendant, 617 00:33:14,880 --> 00:33:18,520 Speaker 4: and then Nina Porter attributes a confession to Alanna Keenan 618 00:33:19,160 --> 00:33:22,200 Speaker 4: that the state then tries to use against Andy. So 619 00:33:22,240 --> 00:33:26,640 Speaker 4: it's constitutionally problematic because Lana can't force Andy on the 620 00:33:26,680 --> 00:33:29,640 Speaker 4: stand like he has a right to not testify. Andy 621 00:33:30,080 --> 00:33:32,600 Speaker 4: can't put Lana on a stand to say that she 622 00:33:32,760 --> 00:33:36,080 Speaker 4: never made these statements to Nina Porter, and the states 623 00:33:36,160 --> 00:33:38,880 Speaker 4: like using all of this evidence to convict both of 624 00:33:38,880 --> 00:33:40,840 Speaker 4: them at the same time, Like the trial should have 625 00:33:40,840 --> 00:33:44,320 Speaker 4: been severed. You know, the trial was about two days 626 00:33:44,560 --> 00:33:47,920 Speaker 4: excluding jury selection, and you know the state just like 627 00:33:48,120 --> 00:33:52,440 Speaker 4: completely ran over the defense. So you had the lead 628 00:33:52,480 --> 00:33:56,160 Speaker 4: in print fabrication introduce a trial. Conway goes up there, 629 00:33:56,360 --> 00:34:01,680 Speaker 4: introduces Andy's two recorded statements, which total and length are 630 00:34:01,760 --> 00:34:05,400 Speaker 4: roughly just over an hour combined. So like, you know, 631 00:34:05,440 --> 00:34:08,120 Speaker 4: you basically have like eight to nine hours of unrecorded 632 00:34:08,200 --> 00:34:12,080 Speaker 4: interrogation where and Andy, who had the mind of a child, 633 00:34:12,520 --> 00:34:16,520 Speaker 4: is psychologically coerced into giving a false confession, fed all 634 00:34:16,560 --> 00:34:20,200 Speaker 4: the facts. Conway testified the trial in response to questioning 635 00:34:20,320 --> 00:34:24,040 Speaker 4: by miss Becker, never fed him any information, you know, 636 00:34:24,120 --> 00:34:26,520 Speaker 4: never coerced him anyway, won't do that, you know, knew 637 00:34:26,560 --> 00:34:30,120 Speaker 4: that he had a disability. All of that a lie. 638 00:34:31,160 --> 00:34:33,160 Speaker 4: And then Nina Porter went up there on the stand 639 00:34:33,400 --> 00:34:37,040 Speaker 4: and testified that Lana gave this confession to her to 640 00:34:37,120 --> 00:34:39,600 Speaker 4: doing the murder, you know, thanksgiving, thanks for giving death, 641 00:34:40,080 --> 00:34:42,719 Speaker 4: and that she had complete control over Andy to the 642 00:34:42,760 --> 00:34:45,279 Speaker 4: extent that if Lana said Andy, go stand in the rain, 643 00:34:45,360 --> 00:34:47,960 Speaker 4: that he would go do it. And the state and 644 00:34:48,000 --> 00:34:52,440 Speaker 4: closing arguments were like, the print corroborates the confession, the 645 00:34:52,480 --> 00:34:56,879 Speaker 4: confession corroborates, need a porter, need a porter corroborates both 646 00:34:56,920 --> 00:34:59,880 Speaker 4: of it. Look at everything together, You've got your puzzle 647 00:35:00,600 --> 00:35:04,719 Speaker 4: conduct these people and the jury did what the prosecutors wanted, And. 648 00:35:04,640 --> 00:35:07,080 Speaker 1: Did they present anything in your defense at all? 649 00:35:07,520 --> 00:35:10,360 Speaker 2: No, I felt it was all one silence. 650 00:35:10,440 --> 00:35:14,239 Speaker 4: No witnesses, no defense witnesses, no, and not even like 651 00:35:14,360 --> 00:35:17,400 Speaker 4: no defense witnesses. But like the police officers went up 652 00:35:17,440 --> 00:35:19,640 Speaker 4: there and testify to the jury that they never had 653 00:35:19,680 --> 00:35:22,680 Speaker 4: any alternate suspects, and we know that's a lie, Like 654 00:35:23,040 --> 00:35:27,400 Speaker 4: Larry would Tony Thomas, people were straight up committing perjury 655 00:35:27,480 --> 00:35:28,080 Speaker 4: left and right. 656 00:35:28,680 --> 00:35:31,759 Speaker 1: So, Andy, when you saw this circus unfolding in front 657 00:35:31,800 --> 00:35:34,799 Speaker 1: of you, did you still hold out any hope that 658 00:35:34,880 --> 00:35:37,279 Speaker 1: the jury would come back in and get it right. 659 00:35:37,600 --> 00:35:37,960 Speaker 2: Yes? 660 00:35:38,200 --> 00:35:42,279 Speaker 1: I was hoping, yes, but as we know, with all 661 00:35:42,280 --> 00:35:46,720 Speaker 1: the lying and fabricated evidence, it was probably well hard 662 00:35:46,760 --> 00:35:49,560 Speaker 1: to somewhere near impossible for them to see the truth. 663 00:35:50,200 --> 00:35:53,399 Speaker 1: So can you tell us about that awful moment when 664 00:35:53,440 --> 00:35:55,440 Speaker 1: they did get it so wrong? 665 00:35:57,200 --> 00:36:03,880 Speaker 2: I felt nothingness. I was just numb. It took me 666 00:36:03,920 --> 00:36:08,640 Speaker 2: back to the jail cell and I just walked in 667 00:36:08,840 --> 00:36:13,360 Speaker 2: like I not seeing a ghost, but I was a ghost. 668 00:36:30,400 --> 00:36:32,920 Speaker 2: I got to know people right off the hand, and 669 00:36:33,280 --> 00:36:36,640 Speaker 2: I found me a job, so I kept busy most 670 00:36:36,680 --> 00:36:39,640 Speaker 2: of the time, working in a wood factory making skids, 671 00:36:41,200 --> 00:36:43,600 Speaker 2: and that people would from the outside had come and 672 00:36:43,600 --> 00:36:46,560 Speaker 2: pick up the skids, and we got paid for it. 673 00:36:47,239 --> 00:36:50,440 Speaker 2: We got like fifty cents an hour, and if we 674 00:36:50,560 --> 00:36:54,680 Speaker 2: got so many skids done, we got five or it 675 00:36:54,760 --> 00:36:56,759 Speaker 2: was either five cents or a penny for each kid 676 00:36:56,840 --> 00:36:57,680 Speaker 2: that got done. 677 00:36:58,320 --> 00:37:02,759 Speaker 1: So a lot of people don't know a very important 678 00:37:02,760 --> 00:37:05,279 Speaker 1: and insidious thing about the thirteenth Amendment, which is that 679 00:37:05,640 --> 00:37:09,399 Speaker 1: it did end slavery, but they left a loophole in there. 680 00:37:09,440 --> 00:37:12,960 Speaker 1: And the loophole is that it doesn't apply to people 681 00:37:12,960 --> 00:37:17,000 Speaker 1: who aren't free. So that meant that if they put 682 00:37:17,040 --> 00:37:20,200 Speaker 1: people behind bars like they did to you, Andy, they 683 00:37:20,200 --> 00:37:22,920 Speaker 1: can enslave you. It can pay. In some states they 684 00:37:22,920 --> 00:37:25,120 Speaker 1: pay four cents an hour and charge attacks on top 685 00:37:25,160 --> 00:37:27,759 Speaker 1: of that. Other states it's nineteen cents an hour. And 686 00:37:27,920 --> 00:37:31,759 Speaker 1: tons of products everyday, products that many of us use 687 00:37:32,760 --> 00:37:36,440 Speaker 1: license plates, instance, are made in these prisons. Big corporations 688 00:37:36,520 --> 00:37:40,000 Speaker 1: use this slave labor. It's a huge problem, and it 689 00:37:40,040 --> 00:37:44,000 Speaker 1: creates a perverse and reverse insteadive for people to lock 690 00:37:44,080 --> 00:37:47,640 Speaker 1: up other people because there's money in it. So here 691 00:37:47,680 --> 00:37:49,960 Speaker 1: you have a system in Elkhart where it appears they 692 00:37:50,040 --> 00:37:53,960 Speaker 1: deliberately wrongfully convicted Andy and countless others at a rate 693 00:37:54,000 --> 00:37:57,080 Speaker 1: that's at least get this eight times higher per capita 694 00:37:57,120 --> 00:37:59,480 Speaker 1: than a place like New York, which has a long 695 00:37:59,640 --> 00:38:03,959 Speaker 1: and ordered history of lawful convictions, and the same prosecutor 696 00:38:04,320 --> 00:38:07,319 Speaker 1: that is still in office today made Andy and so 697 00:38:07,440 --> 00:38:10,320 Speaker 1: many others essentially into slaves. 698 00:38:10,800 --> 00:38:13,680 Speaker 2: Yes, I worked in the kitchen too, and they pay 699 00:38:13,719 --> 00:38:14,640 Speaker 2: fifty cents an hour. 700 00:38:15,680 --> 00:38:17,840 Speaker 1: So were you able to make any friends while you 701 00:38:17,880 --> 00:38:18,920 Speaker 1: were in there? Oh? 702 00:38:18,960 --> 00:38:22,279 Speaker 2: Yeah, lots of friends, played board games. I was in 703 00:38:22,320 --> 00:38:26,359 Speaker 2: the Ounder doorm. People that didn't get in trouble. If 704 00:38:26,400 --> 00:38:28,440 Speaker 2: you got one lettle ride up here get kicked out. 705 00:38:28,480 --> 00:38:30,759 Speaker 2: And I was there for two years and never got 706 00:38:30,800 --> 00:38:36,919 Speaker 2: a ride up. And you could go outside and walk 707 00:38:36,960 --> 00:38:41,880 Speaker 2: around to play basketball. And I caught a ride up 708 00:38:41,920 --> 00:38:44,879 Speaker 2: once before I got in an honor dorm. I fell 709 00:38:44,880 --> 00:38:48,920 Speaker 2: asleep and went to the chow hall. Then I went 710 00:38:49,000 --> 00:38:52,840 Speaker 2: back and went to chowhaw again, and they had a 711 00:38:52,880 --> 00:38:57,240 Speaker 2: scanner and I got a I accidentally got two meals. 712 00:38:57,760 --> 00:39:01,680 Speaker 1: So this is probably like the worst thing you've ever done. Yes, 713 00:39:02,680 --> 00:39:06,280 Speaker 1: needless to say, you didn't belong there and desperately needed help, 714 00:39:06,880 --> 00:39:10,120 Speaker 1: And your first appellate lawyer did bring a compelling ineffective 715 00:39:10,160 --> 00:39:12,800 Speaker 1: assistance claim based on the fact that your trial lawyer 716 00:39:12,840 --> 00:39:15,960 Speaker 1: never tried to suppress the false confession of his disabled 717 00:39:15,960 --> 00:39:19,320 Speaker 1: client and never bothered to call a false confession expert 718 00:39:19,800 --> 00:39:22,839 Speaker 1: like doctor Leo or doctor Afshi. And the one thing 719 00:39:22,880 --> 00:39:24,640 Speaker 1: that sticks out in my mind here is that the 720 00:39:24,680 --> 00:39:28,440 Speaker 1: trial lawyer said in his own defense that this was 721 00:39:29,120 --> 00:39:34,080 Speaker 1: actual strategy. Okay, he said that in Elkhart, the jury 722 00:39:34,320 --> 00:39:36,040 Speaker 1: wasn't going to believe. 723 00:39:35,920 --> 00:39:38,240 Speaker 3: An expert from outside the community. 724 00:39:38,280 --> 00:39:40,719 Speaker 1: From outside the community, yeah, But what's ironic about this 725 00:39:40,840 --> 00:39:44,120 Speaker 1: logic here is that because Dennis Chapman's from within the community, 726 00:39:44,200 --> 00:39:45,560 Speaker 1: they'll believe him, right. 727 00:39:46,040 --> 00:39:49,000 Speaker 4: I mean, it was an outrageous explanation by the attorney, 728 00:39:49,440 --> 00:39:54,200 Speaker 4: But the judge overseeing that claim was this guy, Terry Schumaker. 729 00:39:54,840 --> 00:39:57,640 Speaker 4: He was the prosecutor on Egar Gerrit's case who we 730 00:39:57,760 --> 00:40:02,719 Speaker 4: found out exclude did Richard off She from testifying as 731 00:40:02,760 --> 00:40:07,040 Speaker 4: a false confession expert at that midnighteties trial, saying false 732 00:40:07,080 --> 00:40:09,960 Speaker 4: confession expert testimony should never be before a jury because 733 00:40:10,000 --> 00:40:12,719 Speaker 4: it invades the province of the jury. So when this 734 00:40:12,800 --> 00:40:15,600 Speaker 4: guy now who's on the on the bench, he's never like, hey, 735 00:40:15,600 --> 00:40:18,319 Speaker 4: mister Royer just wants you to know. As a prosecutor, 736 00:40:18,800 --> 00:40:21,640 Speaker 4: I took the position that these types of people should 737 00:40:21,640 --> 00:40:24,120 Speaker 4: never be allowed in a court room never disclosed. It 738 00:40:24,520 --> 00:40:27,560 Speaker 4: denied Andy's post conviction petition. He sat in prison for 739 00:40:27,640 --> 00:40:31,520 Speaker 4: like another decade. The judge should have recused himself. And 740 00:40:31,520 --> 00:40:33,080 Speaker 4: that's when I think, you know, we start talking about 741 00:40:33,080 --> 00:40:37,360 Speaker 4: systemic misconduct. I mean, frankly, when I said the words 742 00:40:37,400 --> 00:40:40,080 Speaker 4: that there were systemic police and prosecutor and mist conduct 743 00:40:40,120 --> 00:40:43,280 Speaker 4: that caused wrong quel convictions in Alcarda, Indiana, including Andy Royers, 744 00:40:44,160 --> 00:40:48,000 Speaker 4: the state filed emotion for an injunction against me. The 745 00:40:48,080 --> 00:40:51,560 Speaker 4: stakehourt judge found that like when I said systemic misconduct, 746 00:40:51,560 --> 00:40:54,080 Speaker 4: that that was defamatory. You know what's amusing now is 747 00:40:54,080 --> 00:40:57,480 Speaker 4: that that judge Formal Cark Kenny prosecutor, she withheld from 748 00:40:57,560 --> 00:40:59,960 Speaker 4: us that she was also married to a former corrupt 749 00:41:00,000 --> 00:41:02,480 Speaker 4: Olkar cop in the nineties. Right, Like this is like 750 00:41:02,520 --> 00:41:05,080 Speaker 4: when you talk about systemic, it's like you're going before 751 00:41:05,200 --> 00:41:08,080 Speaker 4: judges who are former prosecutors married to Alcar police officers. 752 00:41:08,560 --> 00:41:11,560 Speaker 4: Like that is the system in Elkhart that is like 753 00:41:11,760 --> 00:41:16,960 Speaker 4: allowed for people like Andy to get wrongfully convicted in 754 00:41:17,080 --> 00:41:19,680 Speaker 4: like open view. The whole system is stacked. 755 00:41:20,440 --> 00:41:20,960 Speaker 3: You don't have a. 756 00:41:20,960 --> 00:41:24,040 Speaker 1: Chance, and that's how you end up with five going 757 00:41:24,080 --> 00:41:28,800 Speaker 1: on seventeen exonerations and counting in a town of fifty thousand. So, Andy, 758 00:41:28,920 --> 00:41:31,320 Speaker 1: how did you end up getting in touch with Elliott? 759 00:41:31,440 --> 00:41:35,319 Speaker 2: Oh, to one of my lawyers, Michael Sutherland, you put 760 00:41:35,360 --> 00:41:38,919 Speaker 2: a newspaper article out saying how wrongfully I was done, 761 00:41:39,040 --> 00:41:43,400 Speaker 2: and Elliott happened to see it and took up the 762 00:41:43,440 --> 00:41:44,200 Speaker 2: case from there. 763 00:41:44,840 --> 00:41:45,040 Speaker 1: Yeah. 764 00:41:45,080 --> 00:41:47,319 Speaker 4: So it's funny, you know, this goes back to the 765 00:41:47,360 --> 00:41:50,719 Speaker 4: systemic Elkhart misconduct. By the time that I found out 766 00:41:50,760 --> 00:41:53,759 Speaker 4: about Andy's keys, we had another client who was exonerated 767 00:41:53,800 --> 00:41:56,319 Speaker 4: by then, by the name of Keith Cooper. 768 00:41:56,360 --> 00:41:59,040 Speaker 1: Who we'd like to cover in the very near future 769 00:41:59,080 --> 00:42:00,000 Speaker 1: if you'll both join us. 770 00:42:00,480 --> 00:42:00,800 Speaker 3: Yeah. 771 00:42:01,000 --> 00:42:04,560 Speaker 4: And so Keith had been wrongfully convicted. You know, he 772 00:42:04,640 --> 00:42:07,160 Speaker 4: was framed for a crime he did commit too, and 773 00:42:07,239 --> 00:42:09,719 Speaker 4: the Indie Star started like a wrongful Conviction series. I 774 00:42:09,719 --> 00:42:12,439 Speaker 4: want to say, in like twenty fifteen, twenty sixteen, Keith 775 00:42:12,480 --> 00:42:14,239 Speaker 4: them was still trying to get a part in an 776 00:42:14,239 --> 00:42:18,040 Speaker 4: actual innocence pardon from the governor, and as part of 777 00:42:18,080 --> 00:42:21,640 Speaker 4: that series they did a story ultimately on Andy. I 778 00:42:21,680 --> 00:42:23,520 Speaker 4: want to say, this was like twenty seventeen. 779 00:42:23,960 --> 00:42:26,200 Speaker 1: So, okay, you saw the article you and Sutherland got 780 00:42:26,200 --> 00:42:27,920 Speaker 1: in touch what happened next. 781 00:42:28,160 --> 00:42:30,400 Speaker 4: You know, I was like desperate to get my hands 782 00:42:30,440 --> 00:42:31,160 Speaker 4: on the material. 783 00:42:31,480 --> 00:42:32,879 Speaker 3: My wife and I were going on. 784 00:42:32,840 --> 00:42:36,040 Speaker 4: A vacation to Mexico and I had just gotten like 785 00:42:36,080 --> 00:42:38,920 Speaker 4: the trial transcripts, and I just remember that whole vacation, 786 00:42:39,080 --> 00:42:42,560 Speaker 4: like being on the beach under an umbrella, read through 787 00:42:42,560 --> 00:42:45,360 Speaker 4: the whole trial, was like reading through the police reports 788 00:42:45,360 --> 00:42:47,680 Speaker 4: and was just like, oh my god, this guy got 789 00:42:47,680 --> 00:42:48,240 Speaker 4: so framed. 790 00:42:48,800 --> 00:42:49,800 Speaker 3: You know. So by this. 791 00:42:49,719 --> 00:42:53,080 Speaker 4: Time, we had a project going at Notre Dame Law 792 00:42:53,120 --> 00:42:55,759 Speaker 4: School in Andy's case was the first one that we 793 00:42:55,800 --> 00:42:58,160 Speaker 4: ever worked on, and so we had a number of 794 00:42:58,200 --> 00:43:01,800 Speaker 4: like great students on the case and incredible investigator named Patty, 795 00:43:01,960 --> 00:43:04,080 Speaker 4: and we went out and like knocked on a ton 796 00:43:04,120 --> 00:43:04,600 Speaker 4: of doors. 797 00:43:04,960 --> 00:43:07,799 Speaker 1: So I'm going to imagine that Nina Porter got a visit. 798 00:43:08,080 --> 00:43:10,440 Speaker 4: Yeah, Nina Port was actually the first witness that we 799 00:43:10,520 --> 00:43:12,680 Speaker 4: talked to. You know, by then, you know, to put 800 00:43:12,719 --> 00:43:15,040 Speaker 4: this in context, By the time we talked to Nina Porter, 801 00:43:15,280 --> 00:43:19,320 Speaker 4: Lana Keenan, his co defend it was exonerated and sought 802 00:43:19,400 --> 00:43:22,279 Speaker 4: civil compensation. Andy's like still sitting there, you know, even 803 00:43:22,320 --> 00:43:25,640 Speaker 4: though the attorney who had this before us, he filed 804 00:43:25,680 --> 00:43:28,080 Speaker 4: e motion for leave to even file a post conviction 805 00:43:28,160 --> 00:43:32,000 Speaker 4: petition in the appellate court denied like they weren't letting 806 00:43:32,000 --> 00:43:34,080 Speaker 4: Andy Royer even get back to court. I mean, it 807 00:43:34,120 --> 00:43:39,360 Speaker 4: was like fundamentally outrageous. So Lana, she got an incredible 808 00:43:39,400 --> 00:43:42,879 Speaker 4: post conviction lawyer, Karen Winnicky who dug into the Layte 809 00:43:42,920 --> 00:43:47,040 Speaker 4: Prince stuff, you know, like Dennis Chapman total fraud. Kara 810 00:43:47,080 --> 00:43:50,879 Speaker 4: Winnikey is the one who unraveled that fraud. They ended 811 00:43:50,960 --> 00:43:54,200 Speaker 4: up getting a lane print expert excluded Lana Keenan found 812 00:43:54,320 --> 00:43:57,840 Speaker 4: all these differences that couldn't be explained away. That science 813 00:43:58,040 --> 00:44:02,240 Speaker 4: is very subjective. What's fascinating is they filed post conviction petition. 814 00:44:02,600 --> 00:44:06,520 Speaker 4: State challenges it. At some point, the state sends the 815 00:44:07,280 --> 00:44:10,760 Speaker 4: print materials off to the DNST Police Lab. Any usctate 816 00:44:10,760 --> 00:44:11,600 Speaker 4: police cops. 817 00:44:11,440 --> 00:44:12,960 Speaker 3: Like this excludes her. 818 00:44:14,040 --> 00:44:16,520 Speaker 4: They still go to an evidentiary hearing. Even though the 819 00:44:16,520 --> 00:44:19,720 Speaker 4: state lab says not a lot of Caenans, the private 820 00:44:19,719 --> 00:44:22,080 Speaker 4: person says not a lone of Keenans. Right around the 821 00:44:22,120 --> 00:44:26,560 Speaker 4: time of the evidentiary hearing, Chapman gets a chance to 822 00:44:26,640 --> 00:44:31,600 Speaker 4: look at it and sees the print and immediately starts 823 00:44:31,640 --> 00:44:34,680 Speaker 4: admitting that he got it wrong. That was after he 824 00:44:34,719 --> 00:44:37,160 Speaker 4: already saw you know what the private expert was saying, 825 00:44:37,239 --> 00:44:39,000 Speaker 4: so he knew that other people were saying that he 826 00:44:39,040 --> 00:44:41,680 Speaker 4: was wrong. By then they go to the adventure hearing, 827 00:44:42,000 --> 00:44:46,440 Speaker 4: the state does an aggressive cross examination of Chapman, like 828 00:44:46,520 --> 00:44:49,200 Speaker 4: it was self preservation mode. You know, Vicky Becker still 829 00:44:49,239 --> 00:44:51,440 Speaker 4: prosecutor in the office. You put him on the stand trial. 830 00:44:51,760 --> 00:44:54,200 Speaker 4: It was a different deputy prosecutor doing the cross but 831 00:44:54,280 --> 00:44:58,200 Speaker 4: it was like saving his boss, right, Like make this 832 00:44:58,200 --> 00:44:59,960 Speaker 4: guy look like he's a fraud, that he duped all 833 00:45:00,000 --> 00:45:01,880 Speaker 4: all of us and that none of us knew about 834 00:45:01,880 --> 00:45:02,719 Speaker 4: it all along. 835 00:45:02,760 --> 00:45:05,640 Speaker 1: To save face for the system as a whole, exactly. 836 00:45:05,760 --> 00:45:09,880 Speaker 4: So then eventually before ruling is made, the state agrees 837 00:45:09,920 --> 00:45:13,200 Speaker 4: to a new trial for Lana and the case gets dismissed. 838 00:45:13,680 --> 00:45:15,960 Speaker 1: Now one would think this should have an effect on 839 00:45:16,000 --> 00:45:17,240 Speaker 1: her co defend and Andy. 840 00:45:18,520 --> 00:45:22,640 Speaker 4: It's so crazy they use that evidence at Andy's trial 841 00:45:22,960 --> 00:45:25,239 Speaker 4: and still they were like, you know what, We've got 842 00:45:25,239 --> 00:45:28,520 Speaker 4: this disabled guy. We're just going to leave him in prison. 843 00:45:29,040 --> 00:45:31,480 Speaker 4: He hasn't had the rights representation, he hasn't had the 844 00:45:31,520 --> 00:45:33,799 Speaker 4: funds for private representation. We're going to leave him there. 845 00:45:34,440 --> 00:45:36,520 Speaker 4: We're going to see if they're able to unravel everything 846 00:45:36,520 --> 00:45:37,280 Speaker 4: else that happened. 847 00:45:37,440 --> 00:45:39,280 Speaker 1: All right, So back to Nina Porter. 848 00:45:39,200 --> 00:45:41,360 Speaker 4: One of our law students, me and our investigator, we 849 00:45:41,400 --> 00:45:44,359 Speaker 4: knocked on Nina Porter's door. She was like, I've been 850 00:45:44,400 --> 00:45:48,560 Speaker 4: waiting fifteen years for somebody to ask me how this 851 00:45:48,600 --> 00:45:53,280 Speaker 4: whole thing came about. And she told us, in painful detail, 852 00:45:53,960 --> 00:45:57,520 Speaker 4: how she was coerced into lying against Andy and Lana 853 00:45:57,560 --> 00:45:58,640 Speaker 4: for crimeate in commitment. 854 00:45:59,000 --> 00:46:02,680 Speaker 1: So Nina Order recanted. The print is toast, which brings 855 00:46:02,760 --> 00:46:05,439 Speaker 1: us to the false confession. So did you reach out 856 00:46:05,480 --> 00:46:07,879 Speaker 1: to any of the false confession experts at Andy's trial 857 00:46:07,880 --> 00:46:09,840 Speaker 1: attorney should have called in the first place. 858 00:46:09,880 --> 00:46:13,800 Speaker 4: Well, we called doctor Leo. He began digging through the material. 859 00:46:14,160 --> 00:46:18,040 Speaker 4: But what really changed things? In addition to our investigation, 860 00:46:18,200 --> 00:46:20,560 Speaker 4: you know, so like patting the students knocked on doors, 861 00:46:20,600 --> 00:46:23,480 Speaker 4: got a ton of affidavits, people implicating Larry Wood, people 862 00:46:23,520 --> 00:46:27,240 Speaker 4: implicating Tony Thomas. We also had a former outcar police officer, 863 00:46:27,320 --> 00:46:31,200 Speaker 4: Larry Towns. He actually called Mark Daggie and was recording 864 00:46:31,200 --> 00:46:34,840 Speaker 4: the entire conversation and Larry was chatting him up about 865 00:46:34,840 --> 00:46:38,239 Speaker 4: this case. And Daggy admitted there that the interrogation. He 866 00:46:38,320 --> 00:46:41,880 Speaker 4: witnessed it. He said he believed that it was actually 867 00:46:42,000 --> 00:46:45,839 Speaker 4: video recorded, and that the interrogation was super leading and 868 00:46:45,880 --> 00:46:47,840 Speaker 4: among the worst he had ever seen. He had no 869 00:46:47,920 --> 00:46:50,279 Speaker 4: idea that a recorder was on. You know, this was 870 00:46:50,360 --> 00:46:53,120 Speaker 4: like two police officers talking to each other, and so 871 00:46:53,200 --> 00:46:56,759 Speaker 4: he made these admissions. Towns also called another person who 872 00:46:56,840 --> 00:47:00,000 Speaker 4: was involved in the investigation watched the interrogations, person Peggy's, 873 00:47:00,480 --> 00:47:03,360 Speaker 4: and she admitted that she always believed Andy was innocent. 874 00:47:03,680 --> 00:47:07,439 Speaker 4: She was the one who signed the charging documents, who 875 00:47:07,600 --> 00:47:10,440 Speaker 4: sought the warrant for Andy's arrest for the murder, and 876 00:47:10,600 --> 00:47:12,719 Speaker 4: was admitting in this call, I always thought that guy 877 00:47:12,760 --> 00:47:14,719 Speaker 4: was innocent. So they didn't think that Larry would ever 878 00:47:14,760 --> 00:47:17,480 Speaker 4: tell They surely didn't think that this other police officer 879 00:47:17,520 --> 00:47:20,279 Speaker 4: would ever record them, but he did because he was 880 00:47:20,320 --> 00:47:21,960 Speaker 4: so fundamentally outraged. 881 00:47:22,200 --> 00:47:25,360 Speaker 1: Okay, so we not only have an expert poking huge 882 00:47:25,360 --> 00:47:27,879 Speaker 1: holes in the false confession, but also two people who 883 00:47:27,920 --> 00:47:29,879 Speaker 1: were in the room who didn't think that anyone would 884 00:47:29,880 --> 00:47:33,080 Speaker 1: be breaking down their sacred blue wall of silence. But then, 885 00:47:33,480 --> 00:47:36,520 Speaker 1: on top of that, your involvement in Keith Cooper's case 886 00:47:36,680 --> 00:47:39,239 Speaker 1: had a direct effect on Andy as it turns. 887 00:47:38,960 --> 00:47:41,759 Speaker 4: Out, in Keith Cooper's wrong quol conviction lawsuit, we were 888 00:47:41,800 --> 00:47:45,359 Speaker 4: able to do depositions of Conway and Daggy, and that's 889 00:47:45,360 --> 00:47:50,480 Speaker 4: where things finally unraveled, because those depositions uncovered the truth 890 00:47:50,560 --> 00:47:54,760 Speaker 4: about what happened the interrogation room. Conway finally admitted defeating 891 00:47:54,760 --> 00:47:58,480 Speaker 4: Andy information, admitted that he believed that he was psychologically 892 00:47:58,480 --> 00:48:01,640 Speaker 4: broken down, admitted that he was informed prior to the 893 00:48:01,680 --> 00:48:04,640 Speaker 4: interrogation that Andy was mentally disabled and had the mind 894 00:48:04,680 --> 00:48:07,160 Speaker 4: of a child, and then testified under oath that he 895 00:48:07,280 --> 00:48:11,560 Speaker 4: disregarded all of that, gave no accommodations to his disability. 896 00:48:11,760 --> 00:48:13,600 Speaker 4: Like this is all like in a deposition. You know, 897 00:48:13,680 --> 00:48:16,160 Speaker 4: this guy was making all these admissions that were like 898 00:48:16,440 --> 00:48:19,320 Speaker 4: completely contrary to what he testified to a trial. 899 00:48:19,600 --> 00:48:22,200 Speaker 1: Elliott I got a hand it to you, man, what 900 00:48:22,239 --> 00:48:24,880 Speaker 1: you were able to do here. This is not normal. 901 00:48:25,120 --> 00:48:27,319 Speaker 1: I mean, this is nothing short of and I'm not 902 00:48:27,440 --> 00:48:31,120 Speaker 1: like a magical thinker, but this shit is just miraculous. 903 00:48:31,600 --> 00:48:34,800 Speaker 1: The things you've been able to uncover are shocking. 904 00:48:35,000 --> 00:48:37,399 Speaker 4: And what was also shocking that we found out through 905 00:48:37,480 --> 00:48:42,400 Speaker 4: the depositions was that Conway was removed from the homicide 906 00:48:42,480 --> 00:48:46,000 Speaker 4: unit of the Ulkhar Police Department before Andy's two thousand 907 00:48:46,000 --> 00:48:51,040 Speaker 4: and five trial, from his conduct in another interrogation in 908 00:48:51,120 --> 00:48:54,400 Speaker 4: a different homicide case was removed. So we got to 909 00:48:54,440 --> 00:48:59,000 Speaker 4: the bottom of it and ultimately had his supervisor testify 910 00:48:59,120 --> 00:49:02,240 Speaker 4: for us at the entry hearing that he removed Conway 911 00:49:02,280 --> 00:49:05,640 Speaker 4: because he believed that he lied in order to interrogate 912 00:49:05,680 --> 00:49:09,040 Speaker 4: another person without their council present, and that his lie 913 00:49:09,239 --> 00:49:12,759 Speaker 4: in that case, the supervisor belief could jeopardize the integrity 914 00:49:13,120 --> 00:49:16,319 Speaker 4: of any further criminal investigations that he worked on and 915 00:49:16,320 --> 00:49:19,080 Speaker 4: would cause credibility issues a trial, so they removed him 916 00:49:19,080 --> 00:49:22,080 Speaker 4: from the homicide unit. This all happened before Andy's trial. 917 00:49:22,440 --> 00:49:25,920 Speaker 4: Conway was like the most important witness at Andy trial 918 00:49:26,040 --> 00:49:30,240 Speaker 4: because only Conway could either admit or deny what happened 919 00:49:30,280 --> 00:49:32,640 Speaker 4: the interrogation room before a recorder was turned on. And 920 00:49:32,719 --> 00:49:35,600 Speaker 4: yet the state withheld the fact that this guy was 921 00:49:35,640 --> 00:49:39,440 Speaker 4: removed from homicide due to issues with his credibility and integrity. 922 00:49:39,719 --> 00:49:44,040 Speaker 1: Conway also further admitted defeating Andy all the information and 923 00:49:44,080 --> 00:49:46,480 Speaker 1: then Vicki Becker watched it all happen and put Conway 924 00:49:46,480 --> 00:49:49,680 Speaker 1: on the stand to lie anyway, and Chapman had already 925 00:49:49,680 --> 00:49:52,080 Speaker 1: been exposed as a frauded a lot of post conviction. 926 00:49:52,480 --> 00:49:55,640 Speaker 4: By the way, Dennis Chapman, we ultimately got his personnel file. 927 00:49:56,080 --> 00:50:00,719 Speaker 4: What Dennis Chapman admitted. After Keenan got exonerated, Chapman had 928 00:50:00,760 --> 00:50:03,480 Speaker 4: to sit down with the sheriff and explain how he 929 00:50:03,600 --> 00:50:07,440 Speaker 4: botched that print so badly. And in that interview he 930 00:50:07,560 --> 00:50:11,440 Speaker 4: said that he was pressured by el Car police officers 931 00:50:11,600 --> 00:50:14,360 Speaker 4: to form an opinion. That they told him the theory 932 00:50:14,400 --> 00:50:17,000 Speaker 4: of the case, that Lana Kanaan was the brains, that 933 00:50:17,120 --> 00:50:20,160 Speaker 4: Andy Warrior was the brawn. That Andy couldn't do this 934 00:50:20,239 --> 00:50:23,160 Speaker 4: on his own, so they fed him who they wanted 935 00:50:23,200 --> 00:50:25,640 Speaker 4: him to id, and then pressured him into making that 936 00:50:25,680 --> 00:50:26,440 Speaker 4: fabricated ID. 937 00:50:26,960 --> 00:50:30,839 Speaker 1: You also had those recordings of Daggie and that supervised 938 00:50:31,000 --> 00:50:33,319 Speaker 1: Daggie repeated what he had said on the recording on 939 00:50:33,360 --> 00:50:34,360 Speaker 1: the stand as well. 940 00:50:34,480 --> 00:50:38,080 Speaker 4: I mean, like the state's case imploded. And Nina Porter 941 00:50:38,200 --> 00:50:40,640 Speaker 4: testified for us too. She told the court how she 942 00:50:40,760 --> 00:50:44,319 Speaker 4: was coerced into repeating a fabricad statement. And by the way, 943 00:50:44,480 --> 00:50:47,239 Speaker 4: while Andy was like wrongfully convicted, you know, within like 944 00:50:47,280 --> 00:50:50,960 Speaker 4: forty eight hours of that, Daggy and another officer went 945 00:50:51,040 --> 00:50:53,279 Speaker 4: and gave her the two thousand dollars reward that was 946 00:50:53,320 --> 00:50:55,920 Speaker 4: never disclosed, you know, like nobody ever knew that she 947 00:50:56,040 --> 00:50:58,359 Speaker 4: was pressured into lying and that like, oh as soon 948 00:50:58,360 --> 00:50:59,680 Speaker 4: as she got the stand, she was going to be 949 00:50:59,680 --> 00:51:01,400 Speaker 4: given thousands of dollars. 950 00:51:01,840 --> 00:51:04,200 Speaker 1: So there they are using the carrot and the stick. 951 00:51:04,280 --> 00:51:06,680 Speaker 1: So how did it all end up with Andy being 952 00:51:06,719 --> 00:51:10,480 Speaker 1: here with us today? When was this this long overdue. 953 00:51:10,080 --> 00:51:14,880 Speaker 4: Hearing September into October twenty nineteen? And the fascinating part 954 00:51:14,920 --> 00:51:18,400 Speaker 4: about it is that we agree to only litigate like 955 00:51:18,560 --> 00:51:21,439 Speaker 4: really like a fourth of what it was in our petition. Yeah, 956 00:51:21,440 --> 00:51:23,040 Speaker 4: we were like Judge, you know, like let's just do 957 00:51:23,120 --> 00:51:25,319 Speaker 4: five or six issues, like because if we went on 958 00:51:25,360 --> 00:51:27,200 Speaker 4: those issues, we don't need to get to the other 959 00:51:27,280 --> 00:51:28,120 Speaker 4: twenty Wow. 960 00:51:28,200 --> 00:51:31,000 Speaker 1: So you really were ready to embarrass the state further 961 00:51:31,120 --> 00:51:34,040 Speaker 1: than you even needed to in order to convince the 962 00:51:34,040 --> 00:51:36,239 Speaker 1: court that a new trial was in order, and the 963 00:51:36,280 --> 00:51:39,239 Speaker 1: court agreed with you. So Andy, what was it like 964 00:51:39,440 --> 00:51:42,000 Speaker 1: watching this shit show from your perspective? 965 00:51:42,760 --> 00:51:48,080 Speaker 2: Like there was a superman on my side, and uh, 966 00:51:48,400 --> 00:51:51,880 Speaker 2: I just couldn't believe the lawyers before Elliott didn't do anything, 967 00:51:51,920 --> 00:51:54,839 Speaker 2: you know what I mean? It just they just here, 968 00:51:54,880 --> 00:51:56,600 Speaker 2: you go give it to the prosecutor. 969 00:51:56,800 --> 00:52:00,399 Speaker 1: Yeah, so safe to say that Elliott is a good guy. Book. 970 00:52:00,600 --> 00:52:05,520 Speaker 2: Yes, he's a cool guy. He's got the records straight now, 971 00:52:05,560 --> 00:52:08,520 Speaker 2: so he's all right around. Great guy. 972 00:52:09,120 --> 00:52:10,239 Speaker 3: Thanks Andy, thank you. 973 00:52:10,719 --> 00:52:13,600 Speaker 1: So you've just watched Superman come in and kick some 974 00:52:13,719 --> 00:52:17,080 Speaker 1: serious ass, right right, But this being outid, they're not 975 00:52:17,080 --> 00:52:18,840 Speaker 1: going to just start doing the right thing now. 976 00:52:18,960 --> 00:52:20,920 Speaker 4: We got this case kicked out at Khark County. That's 977 00:52:20,920 --> 00:52:23,239 Speaker 4: why I need to get justice, right. So, like we 978 00:52:23,360 --> 00:52:26,440 Speaker 4: got that judge to recuse herself. She actually found that it 979 00:52:26,480 --> 00:52:29,480 Speaker 4: was defamatory when I said that Andy was wrongfully convicted. 980 00:52:30,080 --> 00:52:32,759 Speaker 4: Like it wasn't just like systemic misconduct. It was like 981 00:52:33,120 --> 00:52:36,319 Speaker 4: this judge is like the most unfair judge that we 982 00:52:36,360 --> 00:52:37,400 Speaker 4: could ever be before. 983 00:52:37,680 --> 00:52:39,960 Speaker 1: And how this judge is oblivious to the system she's 984 00:52:40,000 --> 00:52:41,600 Speaker 1: been overseeing is ridiculous. 985 00:52:41,600 --> 00:52:45,560 Speaker 4: But okay, Yeah, so Andy's case outside of Alkhark Counyon, 986 00:52:45,640 --> 00:52:50,360 Speaker 4: we litigated in Coskiosco County before this super kind, really smart, 987 00:52:50,840 --> 00:52:54,200 Speaker 4: fair judge. The whole proceeding was like very very fair 988 00:52:54,440 --> 00:52:56,040 Speaker 4: to both sides, and we felt like we had a 989 00:52:56,040 --> 00:52:58,719 Speaker 4: real chance given the case that we put on and 990 00:52:58,760 --> 00:53:01,640 Speaker 4: we submitted proposed find After the hearing, the state did 991 00:53:01,640 --> 00:53:04,840 Speaker 4: as well, and we waited and when that phone call happened, 992 00:53:05,040 --> 00:53:09,240 Speaker 4: They're like, hey, Elliott, how far away are you? Because 993 00:53:09,320 --> 00:53:12,239 Speaker 4: Andy's ready to get picked up. The judge granted a 994 00:53:12,239 --> 00:53:15,160 Speaker 4: new trial in March thirty first, and I was like 995 00:53:16,440 --> 00:53:19,760 Speaker 4: in a meeting with other students on a different Elkhart 996 00:53:19,840 --> 00:53:22,200 Speaker 4: wrongful conviction case, like we were in a zoom meeting 997 00:53:22,280 --> 00:53:24,839 Speaker 4: because everything was through zoom then, and I was like, 998 00:53:25,000 --> 00:53:27,799 Speaker 4: oh my god, guys, Oh my god, Andy just got 999 00:53:27,800 --> 00:53:30,560 Speaker 4: a new trial. He's getting released. I gotta go, And 1000 00:53:30,560 --> 00:53:32,799 Speaker 4: I ran upstairs put on a suit. I was like 1001 00:53:32,880 --> 00:53:36,040 Speaker 4: calling Andy's parents, Janie and Mike, and you know, obviously 1002 00:53:36,080 --> 00:53:38,560 Speaker 4: one of the most incredible phone calls that I'll ever have, 1003 00:53:38,920 --> 00:53:42,160 Speaker 4: and like Andy's coming home, Like we've all got to 1004 00:53:42,160 --> 00:53:44,000 Speaker 4: figure this out. Somebody go by mask, you know, Like 1005 00:53:44,080 --> 00:53:46,399 Speaker 4: my wife was like like seven months pregnant at the time. 1006 00:53:46,440 --> 00:53:47,879 Speaker 3: Like I wasn't leaving the house at all. 1007 00:53:48,400 --> 00:53:50,719 Speaker 1: Right, So this was the beginning of the pandemic. No 1008 00:53:50,760 --> 00:53:52,799 Speaker 1: one knew how bad this was going to be yet, 1009 00:53:52,840 --> 00:53:54,439 Speaker 1: but you forged ahead. 1010 00:53:54,320 --> 00:53:59,080 Speaker 4: No hesitation, drove so fast. I called the students you know, 1011 00:53:59,120 --> 00:54:02,000 Speaker 4: we all sort of like, I agreed to meet at 1012 00:54:02,040 --> 00:54:04,000 Speaker 4: the jail to welcome Andy home. 1013 00:54:04,480 --> 00:54:07,719 Speaker 2: So finally when I got to teskiaskau Joe, I said, 1014 00:54:07,760 --> 00:54:12,000 Speaker 2: you're being released. I was like, wow. I started shaking, 1015 00:54:13,200 --> 00:54:16,560 Speaker 2: color started coming back to my face, and I started 1016 00:54:16,560 --> 00:54:19,960 Speaker 2: feeling like a person again. It was just unbelievable. It 1017 00:54:20,000 --> 00:54:24,160 Speaker 2: was there's no words to put it out there. 1018 00:54:24,080 --> 00:54:27,440 Speaker 1: So wow, yeah, I can only imagine. And this judge 1019 00:54:27,480 --> 00:54:29,319 Speaker 1: didn't have to do what he did, which was to 1020 00:54:29,360 --> 00:54:32,160 Speaker 1: release you on a ricognos response, It seems because he 1021 00:54:32,280 --> 00:54:34,359 Speaker 1: was so convinced of Andy's innocence that he didn't want 1022 00:54:34,400 --> 00:54:36,839 Speaker 1: to see Andy back in prison even for another day 1023 00:54:36,880 --> 00:54:39,680 Speaker 1: waiting for a new trial while the state and COVID 1024 00:54:39,760 --> 00:54:42,560 Speaker 1: dragged this thing out. So Andy was released. The state 1025 00:54:42,560 --> 00:54:44,760 Speaker 1: appealed the ruling for a new trial, and the appellate 1026 00:54:44,760 --> 00:54:48,520 Speaker 1: court affirmed the ruling, stating, and this is a quote, 1027 00:54:49,239 --> 00:54:52,800 Speaker 1: Detective Conway withheld the truth when he attempted to bolster 1028 00:54:52,880 --> 00:54:56,480 Speaker 1: the reliability of Royer's confessions by saying Royer knew details 1029 00:54:56,480 --> 00:54:59,880 Speaker 1: about the murder which were not known to the public. Again, 1030 00:55:00,719 --> 00:55:04,840 Speaker 1: just like Chapman. Now it was Conway's turn to be 1031 00:55:04,960 --> 00:55:05,359 Speaker 1: under the. 1032 00:55:05,320 --> 00:55:09,279 Speaker 4: Bus, and the appellate court ruled Detective Conway that his 1033 00:55:09,440 --> 00:55:13,680 Speaker 4: continued employment at the Elkre Police Department was galling and 1034 00:55:14,239 --> 00:55:17,760 Speaker 4: found that he committed perjury back at Andy I. Llana's 1035 00:55:17,800 --> 00:55:21,080 Speaker 4: two thousand and five trial. And after that happened, we 1036 00:55:21,160 --> 00:55:24,160 Speaker 4: put pressure on the city of Elcar and the Elkhar 1037 00:55:24,280 --> 00:55:26,480 Speaker 4: Chief of Police. You know, we were calling for Conway's 1038 00:55:26,520 --> 00:55:30,239 Speaker 4: termination and the chief, who has a ton of integrity. 1039 00:55:30,400 --> 00:55:33,520 Speaker 4: Finally they have a chief of police there who wants 1040 00:55:33,560 --> 00:55:36,320 Speaker 4: to change things and is trying to change things wrote 1041 00:55:36,360 --> 00:55:39,560 Speaker 4: up a ten page notice of termination of Detective Conway 1042 00:55:39,760 --> 00:55:42,600 Speaker 4: about the egregious misconduct that he committed in this case. 1043 00:55:42,960 --> 00:55:46,360 Speaker 1: Well we'll see if he's actually ever criminally pursued like 1044 00:55:46,440 --> 00:55:48,640 Speaker 1: one of us mere mortals would be, but at least 1045 00:55:48,640 --> 00:55:51,560 Speaker 1: he can't do any more damage. So the new trial 1046 00:55:51,640 --> 00:55:53,080 Speaker 1: ruling was upheld on appeal. 1047 00:55:53,320 --> 00:55:57,000 Speaker 4: Than what happened after the appellate court decision, we filed 1048 00:55:57,000 --> 00:55:59,600 Speaker 4: the motion suppress. That was like the first time that 1049 00:55:59,600 --> 00:56:02,040 Speaker 4: anybody had ever filed the motion in express for Andy 1050 00:56:02,440 --> 00:56:07,320 Speaker 4: saying that is confession, what's false, involuntary and unconstitutional and 1051 00:56:07,320 --> 00:56:10,319 Speaker 4: it should be not admitted at the trial, and the 1052 00:56:10,360 --> 00:56:14,960 Speaker 4: state's response was to not respond and dismiss the case. 1053 00:56:15,880 --> 00:56:19,319 Speaker 1: Right because they knew. They always knew. So Andy's name 1054 00:56:19,360 --> 00:56:22,640 Speaker 1: was finally cleared on July nineteen, twenty twenty one. Conway 1055 00:56:22,640 --> 00:56:26,200 Speaker 1: and Chapman are disgraced. Vicky Becker still needs her come 1056 00:56:26,239 --> 00:56:29,360 Speaker 1: up and and it appears that she's currently running unopposed 1057 00:56:29,360 --> 00:56:32,319 Speaker 1: in November twenty twenty two. Now I'm not sure if 1058 00:56:32,360 --> 00:56:34,359 Speaker 1: it's too late to change that, but we hope for 1059 00:56:34,440 --> 00:56:37,920 Speaker 1: so much worse for her and Andy. Is there anything 1060 00:56:38,000 --> 00:56:40,160 Speaker 1: that you'd like to call on our audience to do 1061 00:56:40,360 --> 00:56:43,440 Speaker 1: or to support, anything that you'd like to see happen. 1062 00:56:43,880 --> 00:56:48,040 Speaker 2: I just hope that they've done wrong so they should 1063 00:56:48,040 --> 00:56:48,640 Speaker 2: pay for it. 1064 00:56:48,840 --> 00:56:51,760 Speaker 1: Yeah, I absolutely agree, and I hope that comes to pass. 1065 00:56:51,800 --> 00:56:53,919 Speaker 1: So now we go to closing arguments, where first of all, 1066 00:56:53,960 --> 00:56:55,759 Speaker 1: I thank you both from the bottom of my heart 1067 00:56:55,760 --> 00:56:59,880 Speaker 1: for being here and sharing your incredible story. I know 1068 00:57:00,080 --> 00:57:03,000 Speaker 1: it must be difficult to drudge up all of these emotions, 1069 00:57:03,120 --> 00:57:06,120 Speaker 1: so thank you for being brave and doing just that. 1070 00:57:06,200 --> 00:57:08,879 Speaker 1: And now I'm going to shut my microphone off, leave 1071 00:57:08,920 --> 00:57:11,440 Speaker 1: my headphones on, kick back in my chair, and just 1072 00:57:11,560 --> 00:57:15,840 Speaker 1: listen to any final thoughts you guys have Elliott please 1073 00:57:15,920 --> 00:57:18,600 Speaker 1: kick it off for us and Andy, you take us home. 1074 00:57:19,680 --> 00:57:23,320 Speaker 4: You know, I think Andy's case shows the need for 1075 00:57:23,720 --> 00:57:26,840 Speaker 4: why interrogation should be video recorded. You know, from beginning 1076 00:57:26,840 --> 00:57:32,240 Speaker 4: to end, Andy was like among the most vulnerable in 1077 00:57:32,320 --> 00:57:39,120 Speaker 4: our community and was manipulated and coerced into confessing to 1078 00:57:39,200 --> 00:57:43,760 Speaker 4: something that wasn't true. And it's heartbreaking, and it was 1079 00:57:43,880 --> 00:57:48,160 Speaker 4: completely preventable the state. You know, the prosecutor was watching 1080 00:57:48,160 --> 00:57:50,800 Speaker 4: the interrogation, other officers were watching the interrogation. They could 1081 00:57:50,800 --> 00:57:53,280 Speaker 4: have stopped it at any point. You know, they didn't 1082 00:57:53,320 --> 00:57:57,160 Speaker 4: have to charge him, they knew it wasn't reliable, and instead, 1083 00:57:57,840 --> 00:58:00,760 Speaker 4: you know, it's pretty clear what happened. They just wanted 1084 00:58:00,760 --> 00:58:04,760 Speaker 4: to close a case, and they sadly did that through 1085 00:58:04,800 --> 00:58:09,640 Speaker 4: framing an innocent really really innocent, not only like in 1086 00:58:09,640 --> 00:58:13,240 Speaker 4: this case, but like Andy's just like an innocent human being. 1087 00:58:14,760 --> 00:58:18,960 Speaker 4: And the students and Notre Dame and our team worked 1088 00:58:19,040 --> 00:58:22,320 Speaker 4: so so hard to show the injustice and to bring 1089 00:58:22,360 --> 00:58:26,520 Speaker 4: Andy home, and in Andy's name, we hope to do 1090 00:58:26,560 --> 00:58:28,960 Speaker 4: that for so many other innocent people from Elkhart. 1091 00:58:30,800 --> 00:58:33,080 Speaker 2: I just want to thank everybody that worked on my 1092 00:58:33,160 --> 00:58:36,120 Speaker 2: case and law students and. 1093 00:58:38,240 --> 00:58:38,760 Speaker 1: The people that. 1094 00:58:38,800 --> 00:58:44,920 Speaker 2: Believed in me, my mom and my stepdad and family, 1095 00:58:45,000 --> 00:58:49,680 Speaker 2: and they brought me through a lot. I didn't know 1096 00:58:49,720 --> 00:58:51,000 Speaker 2: how to get through it, but I did. 1097 00:58:53,880 --> 00:59:03,840 Speaker 1: Thank you. Thank you for listening to Wrongful Conviction. I'd 1098 00:59:03,920 --> 00:59:07,000 Speaker 1: like to thank our production team Connor Hall, Jeff Cliburn, 1099 00:59:07,080 --> 00:59:10,479 Speaker 1: and Kevin Wardis, with research by Lyla Robinson. The music 1100 00:59:10,520 --> 00:59:13,320 Speaker 1: in this production was supplied by three time OSCAR nominated 1101 00:59:13,320 --> 00:59:17,080 Speaker 1: composer Jay Ralph. Be sure to follow us on Instagram 1102 00:59:17,080 --> 00:59:21,360 Speaker 1: at Wrongful Conviction, on Facebook at Wrongful Conviction podcast, and 1103 00:59:21,440 --> 00:59:24,560 Speaker 1: on Twitter at wrong Conviction, as well as at Lava 1104 00:59:24,600 --> 00:59:27,800 Speaker 1: for Good. On all three platforms, you can also follow 1105 00:59:27,840 --> 00:59:31,480 Speaker 1: me on both TikTok and Instagram at It's Jason Flam. 1106 00:59:31,720 --> 00:59:34,480 Speaker 1: Wrongful Conviction is the production of Lava for Good podcast 1107 00:59:34,560 --> 00:59:38,680 Speaker 1: and association with Signal Company Number one