1 00:00:02,800 --> 00:00:05,960 Speaker 1: On July twenty fifth, nineteen ninety, a man named Curtis 2 00:00:06,040 --> 00:00:08,520 Speaker 1: Durden was with three friends in front of his apartment 3 00:00:08,560 --> 00:00:13,400 Speaker 1: building in Oakland, California, when armed men approached demanding money. 4 00:00:14,280 --> 00:00:17,920 Speaker 1: Despite the victim's compliance, the assailants pistol whipped one man 5 00:00:17,960 --> 00:00:22,040 Speaker 1: and fatally shot Curtis Durton before fleeing the scene. The 6 00:00:22,120 --> 00:00:25,439 Speaker 1: police quickly found seventeen year old Jerome Dixon about a 7 00:00:25,440 --> 00:00:28,120 Speaker 1: block and a half away in the street, flagging down 8 00:00:28,160 --> 00:00:31,240 Speaker 1: a ride. When brought to the scene to be identified 9 00:00:31,280 --> 00:00:35,800 Speaker 1: by the victims, none of them recognized Jerome. Nevertheless, after 10 00:00:35,880 --> 00:00:40,559 Speaker 1: a lengthy interrogation, he admitted to being one of the assailants. 11 00:00:40,960 --> 00:00:43,600 Speaker 1: What would be stronger evidence in the mind of a jury, 12 00:00:43,960 --> 00:00:49,239 Speaker 1: eyewitness testimony or a confession. Jerome's attorney advised him to 13 00:00:49,280 --> 00:00:53,479 Speaker 1: be smart and take a plea deal. But this is 14 00:00:53,520 --> 00:01:08,240 Speaker 1: wrawful conviction. Welcome back to wrongful conviction where today we 15 00:01:08,319 --> 00:01:13,840 Speaker 1: have a juvenile false confession case. And you know it 16 00:01:13,959 --> 00:01:17,360 Speaker 1: hurts my heart to number of these that we've seen before. 17 00:01:17,800 --> 00:01:21,680 Speaker 1: So many names come to mind, Thomas Cogdell, Sean Tyler, 18 00:01:22,000 --> 00:01:25,240 Speaker 1: Marcus Wiggins, the West Memphis three. The list is too 19 00:01:25,400 --> 00:01:28,640 Speaker 1: long and too tragic to complete. And you can hear 20 00:01:29,360 --> 00:01:32,040 Speaker 1: these type of stories, so many more of them, every 21 00:01:32,040 --> 00:01:34,280 Speaker 1: one of them different, every one of them insane, but 22 00:01:34,440 --> 00:01:37,800 Speaker 1: all involving false confessions. On our show at lead titled 23 00:01:37,840 --> 00:01:40,480 Speaker 1: wrongful Conviction, False Confessions, it's going to be linked at 24 00:01:40,480 --> 00:01:44,000 Speaker 1: our bio. And this story is no less terrifying than 25 00:01:44,040 --> 00:01:46,960 Speaker 1: any of those. But our guest today, Jerome Dixon, Well 26 00:01:47,000 --> 00:01:50,440 Speaker 1: he's come out the other side, survived an unbelievable ordeal, 27 00:01:50,560 --> 00:01:54,200 Speaker 1: and he's come out thriving. And Jerome, we're happy and 28 00:01:54,280 --> 00:01:55,400 Speaker 1: honored to have you here. 29 00:01:55,720 --> 00:01:57,600 Speaker 2: Thank you, thank you for having me and. 30 00:01:57,520 --> 00:02:00,880 Speaker 1: With him, civil rights attorney at PC but Narsky and 31 00:02:01,000 --> 00:02:04,280 Speaker 1: lit Ben Shaw. Ben, welcome to the show. 32 00:02:04,520 --> 00:02:05,680 Speaker 3: Thanks so much for having us. 33 00:02:05,840 --> 00:02:09,560 Speaker 1: Now, this happened in Oakland, California, right. 34 00:02:09,680 --> 00:02:11,520 Speaker 2: That is correct, Oakland, California. 35 00:02:11,720 --> 00:02:14,560 Speaker 1: Can you tell us a bit about growing up there? Sure? 36 00:02:14,760 --> 00:02:17,680 Speaker 2: I come from a big family. There's eight in all, 37 00:02:17,840 --> 00:02:20,960 Speaker 2: six sisters, one brother, and I'm the baby with the 38 00:02:21,000 --> 00:02:25,040 Speaker 2: twin sister. I came up in the air when mc 39 00:02:25,160 --> 00:02:28,160 Speaker 2: hammer was topping the charts. I dressed like EMC Hammer. 40 00:02:28,320 --> 00:02:31,800 Speaker 2: My hairstyle was like EMC Hammer. I remember having a 41 00:02:31,840 --> 00:02:37,239 Speaker 2: honey blonde gummay cut with a streak that just went 42 00:02:37,280 --> 00:02:41,120 Speaker 2: from the tip of my forehead to the back. And 43 00:02:41,200 --> 00:02:44,440 Speaker 2: I just knew that I was the man. I was little, 44 00:02:45,000 --> 00:02:46,000 Speaker 2: mister mc hammer. 45 00:02:46,560 --> 00:02:49,080 Speaker 1: So forgive me in advance. But is it safe to 46 00:02:49,120 --> 00:02:50,720 Speaker 1: say that you were too legit to quit? 47 00:02:54,000 --> 00:02:54,920 Speaker 2: Too legit to quit? 48 00:02:55,080 --> 00:02:57,959 Speaker 1: But all jokes aside, though the emc hammer you're also 49 00:02:58,000 --> 00:03:01,440 Speaker 1: coincided with the era of the epidemic, and this was 50 00:03:01,440 --> 00:03:03,399 Speaker 1: the late eighties into the early nineties. 51 00:03:03,520 --> 00:03:06,160 Speaker 2: Correct in retrospect, I saw the devastation of a lot 52 00:03:06,160 --> 00:03:11,720 Speaker 2: of communities, people of color. Crack was just taking its 53 00:03:11,760 --> 00:03:16,000 Speaker 2: toll on a lot of families in so many dire ways. 54 00:03:16,200 --> 00:03:19,720 Speaker 1: And Oakland was no stranger to that devastation and the 55 00:03:19,919 --> 00:03:23,560 Speaker 1: heavy handed policing that came with the crack era. 56 00:03:24,000 --> 00:03:27,560 Speaker 2: It was not a good atmosphere for people of color. 57 00:03:27,840 --> 00:03:33,160 Speaker 2: You were always targeted and it was just a bad 58 00:03:33,280 --> 00:03:37,040 Speaker 2: environment in all law enforcement where they were not friends. 59 00:03:37,320 --> 00:03:39,360 Speaker 1: Right, And so that's the backdrop, right. This was the 60 00:03:39,360 --> 00:03:42,360 Speaker 1: summer of nineteen nineties, July twenty fifth, to be exactly. 61 00:03:42,680 --> 00:03:45,040 Speaker 1: And the victim in this case, Curtis Durton, was hanging 62 00:03:45,040 --> 00:03:46,839 Speaker 1: out in front of his apartment building with his friend 63 00:03:46,920 --> 00:03:51,640 Speaker 1: Jeff Simmons, and two young women and armed men approached them. Now, Ben, 64 00:03:51,720 --> 00:03:54,440 Speaker 1: what can you tell us about the crime itself. 65 00:03:54,680 --> 00:03:57,280 Speaker 3: It was basically a robbery as best we could tell, 66 00:03:57,320 --> 00:04:00,200 Speaker 3: where a few young men sort of come up up, 67 00:04:00,560 --> 00:04:03,960 Speaker 3: they demand that everybody get down on the ground. Two 68 00:04:03,960 --> 00:04:06,400 Speaker 3: of the young women who were there kind of take 69 00:04:06,480 --> 00:04:10,200 Speaker 3: off and go running into the apartment complex. One young 70 00:04:10,240 --> 00:04:13,880 Speaker 3: man hands over his money, and during the course of 71 00:04:13,920 --> 00:04:16,920 Speaker 3: the robbery, the other young man is killed. He's shot 72 00:04:16,960 --> 00:04:20,760 Speaker 3: and killed, and the assailants sort of take off and 73 00:04:21,160 --> 00:04:22,919 Speaker 3: get into a car and drive away. 74 00:04:23,400 --> 00:04:26,400 Speaker 1: So Curtis Durton was fatally shot, and I understand that 75 00:04:26,440 --> 00:04:29,040 Speaker 1: one of the assailants pistol whip the guy who survived, 76 00:04:29,080 --> 00:04:29,920 Speaker 1: Jeff Simmons. 77 00:04:30,400 --> 00:04:33,760 Speaker 3: That's right. And because of sort of the environment in 78 00:04:33,800 --> 00:04:37,560 Speaker 3: the neighborhood, the police just make an assumption that this 79 00:04:37,720 --> 00:04:41,560 Speaker 3: is part of a drug turf war, regardless of the 80 00:04:41,600 --> 00:04:44,160 Speaker 3: fact that this is not somebody who's dealing drugs, and 81 00:04:44,360 --> 00:04:47,760 Speaker 3: there's no factual grounding for this assumption. 82 00:04:48,120 --> 00:04:51,159 Speaker 1: Now, Jerome, you were in front of your friend Kevin's 83 00:04:51,160 --> 00:04:54,320 Speaker 1: apartment building about a football fields length away from where 84 00:04:54,360 --> 00:04:56,359 Speaker 1: this crime occurred right a block and a half away. 85 00:04:57,240 --> 00:04:58,719 Speaker 1: Did you hear the gunshot? 86 00:04:59,040 --> 00:05:01,200 Speaker 2: It was close enough to hear, but again, you hear 87 00:05:01,240 --> 00:05:04,560 Speaker 2: gunshots in the area all the time, so you don't 88 00:05:04,560 --> 00:05:07,960 Speaker 2: even give a second thought to it. And you know again. 89 00:05:08,080 --> 00:05:10,840 Speaker 2: I was at my friends Kevin's house. We'd been hanging 90 00:05:10,880 --> 00:05:14,440 Speaker 2: out all morning into the night, and I had made 91 00:05:14,520 --> 00:05:18,039 Speaker 2: arrangements for my friend Randy to come back to the 92 00:05:18,080 --> 00:05:20,599 Speaker 2: apartment complex to pick me up to take me home 93 00:05:20,960 --> 00:05:24,039 Speaker 2: since that was on his way home. And as I 94 00:05:24,120 --> 00:05:26,839 Speaker 2: was sitting in the parking lot with my friends Kai 95 00:05:26,880 --> 00:05:29,240 Speaker 2: and Harvey, I was sitting in the backseat of the 96 00:05:29,279 --> 00:05:33,680 Speaker 2: car and I saw Randy drive by, and I got 97 00:05:33,680 --> 00:05:36,360 Speaker 2: out of the car and ran into the middle of 98 00:05:36,400 --> 00:05:39,400 Speaker 2: the street to flag him down. And as I am 99 00:05:39,520 --> 00:05:43,000 Speaker 2: in the middle of the street flagging Randy down, the 100 00:05:43,040 --> 00:05:46,359 Speaker 2: patrol car is coming down the avenue thirty eighth Avenue, 101 00:05:46,839 --> 00:05:50,680 Speaker 2: and he asked me what I was doing, and I said, 102 00:05:50,680 --> 00:05:52,760 Speaker 2: I'm trying to flag down my friend Randy, who is 103 00:05:53,160 --> 00:05:56,960 Speaker 2: right down there. The patrol officer stopped the car, put 104 00:05:56,960 --> 00:05:59,320 Speaker 2: me in the back of the patrol car, and drove 105 00:05:59,400 --> 00:06:02,240 Speaker 2: me to the crime scene, which was probably about a 106 00:06:02,240 --> 00:06:03,200 Speaker 2: block and a half away. 107 00:06:03,920 --> 00:06:06,120 Speaker 1: Now they were looking for someone in a puppy jacket 108 00:06:06,160 --> 00:06:09,279 Speaker 1: and denim jeans. There was a description of the suspect 109 00:06:09,320 --> 00:06:11,080 Speaker 1: as well, did any of it match Jerome? 110 00:06:11,640 --> 00:06:15,719 Speaker 3: The person that the police believe Jerome is in this 111 00:06:15,880 --> 00:06:20,280 Speaker 3: group is described as being in his early to mid twenties, 112 00:06:20,600 --> 00:06:25,400 Speaker 3: about five six to five eight and stocky, and Jerome, 113 00:06:25,480 --> 00:06:29,040 Speaker 3: of course at the time, is seventeen, well over six 114 00:06:29,120 --> 00:06:33,240 Speaker 3: feet tall and very slim. And yeah, he's wearing you know, 115 00:06:33,400 --> 00:06:38,760 Speaker 3: sweatpants and this letterman's jacket. So he's also not matching 116 00:06:38,800 --> 00:06:42,159 Speaker 3: the description of the clothing. And not only does nothing 117 00:06:42,400 --> 00:06:46,320 Speaker 3: sort of stick out about Jerome, he's picked up on 118 00:06:46,440 --> 00:06:49,560 Speaker 3: thirty eighth Avenue in the opposite sort of direction from 119 00:06:49,680 --> 00:06:52,960 Speaker 3: the crime scene that witnesses described the perpetrators fleeing. 120 00:06:53,120 --> 00:06:56,599 Speaker 1: So Jerome didn't match the description. Was found in the 121 00:06:56,680 --> 00:07:00,800 Speaker 1: wrong direction without a weapon. And I'd like our audience 122 00:07:01,160 --> 00:07:04,440 Speaker 1: to take a second and imagine you're imagining your seventeen 123 00:07:04,520 --> 00:07:07,320 Speaker 1: year old self just waiting on a ride from a 124 00:07:07,360 --> 00:07:10,640 Speaker 1: friend to continue on with whatever the night had in 125 00:07:10,720 --> 00:07:16,440 Speaker 1: store for you, and you're basically kidnapped by people with 126 00:07:16,560 --> 00:07:17,480 Speaker 1: guns and badges. 127 00:07:18,400 --> 00:07:23,600 Speaker 2: I was kidnapped by law enforcement, and as I was 128 00:07:23,680 --> 00:07:26,320 Speaker 2: driven to the crime scene, still in the back of 129 00:07:26,320 --> 00:07:29,960 Speaker 2: the patrol car, I was met by another patrol officer. 130 00:07:30,680 --> 00:07:33,120 Speaker 2: He basically said, you know, I had a lot of 131 00:07:33,160 --> 00:07:36,800 Speaker 2: explaining to do about that dead body, and I could 132 00:07:36,800 --> 00:07:39,480 Speaker 2: see that there was a body laying on the ground 133 00:07:39,800 --> 00:07:43,200 Speaker 2: with a white sheet over it. And I had told 134 00:07:43,240 --> 00:07:46,000 Speaker 2: the officer exactly what I was doing, where I was at, 135 00:07:46,800 --> 00:07:50,520 Speaker 2: and how my friends are still there right up the 136 00:07:50,520 --> 00:07:51,720 Speaker 2: street right. 137 00:07:51,640 --> 00:07:55,040 Speaker 1: This shooting had just happened. Not only were your alibi 138 00:07:55,080 --> 00:07:58,880 Speaker 1: witnesses right up the street, but the robbery victims were 139 00:07:58,960 --> 00:08:01,320 Speaker 1: right there next to the I recently deceased. 140 00:08:00,920 --> 00:08:04,280 Speaker 3: Friend, and a police officer shines a light through the 141 00:08:04,360 --> 00:08:08,920 Speaker 3: window of a police car and asks the eyewitnesses if 142 00:08:08,920 --> 00:08:11,600 Speaker 3: they can identify Jerome as being one of the group 143 00:08:11,640 --> 00:08:15,000 Speaker 3: of young men that had committed this robbery. And despite 144 00:08:15,040 --> 00:08:21,360 Speaker 3: how suggestive that identification procedure is, none of them identified 145 00:08:21,440 --> 00:08:24,880 Speaker 3: Jerome as being among the group that they committed this 146 00:08:24,960 --> 00:08:26,480 Speaker 3: robbery and murder man. 147 00:08:27,080 --> 00:08:29,920 Speaker 1: We've seen that suggestive tactic go the way it was 148 00:08:29,960 --> 00:08:34,800 Speaker 1: intended to go before, but it didn't work. Jerome was 149 00:08:34,840 --> 00:08:40,760 Speaker 1: not identified, So this madness should have ended right then. 150 00:08:40,840 --> 00:08:44,680 Speaker 1: And there, but as we know, it didn't. 151 00:08:45,440 --> 00:08:49,720 Speaker 2: From there, I was taken to the police station downtown 152 00:08:49,960 --> 00:08:54,319 Speaker 2: and they began to question me about the crime, and 153 00:08:54,440 --> 00:08:57,640 Speaker 2: I was truthful with the officers. I told him exactly 154 00:08:57,720 --> 00:09:00,480 Speaker 2: what I was doing, where I was at, and who 155 00:09:00,520 --> 00:09:06,040 Speaker 2: I was with. But that wasn't enough, and I remained 156 00:09:06,280 --> 00:09:10,320 Speaker 2: there for twenty five hours. Well the first seven hours 157 00:09:10,320 --> 00:09:13,440 Speaker 2: of the interrogation, I really thought that they were on 158 00:09:13,520 --> 00:09:16,440 Speaker 2: my side, that they were seen where I was at 159 00:09:16,559 --> 00:09:20,960 Speaker 2: with this incident, but their whole demeanor changed. 160 00:09:21,559 --> 00:09:25,640 Speaker 1: And let's not forget you're seventeen years old, just a kid. 161 00:09:26,559 --> 00:09:29,720 Speaker 1: Did your mother know where you were at this time? 162 00:09:30,000 --> 00:09:32,680 Speaker 2: During that time? My mother thought that I was by 163 00:09:32,679 --> 00:09:36,280 Speaker 2: my friend Kevin's apartment, but I was actually downtown being 164 00:09:36,360 --> 00:09:40,600 Speaker 2: questioned by investigating officers about a murder that I had 165 00:09:40,640 --> 00:09:41,720 Speaker 2: no knowledge thereof. 166 00:09:42,400 --> 00:09:45,800 Speaker 1: And at some point that morning, the interview transitioned from 167 00:09:45,880 --> 00:09:51,440 Speaker 1: uniformed officers to detectives, Sergeants Roth and Paniagua, who began 168 00:09:51,520 --> 00:09:56,000 Speaker 1: to apply more pressure, saying that Jerome story, that your 169 00:09:56,040 --> 00:09:57,160 Speaker 1: story wasn't adding up. 170 00:09:57,800 --> 00:10:00,360 Speaker 2: And when they asked me if I I wanted to 171 00:10:00,360 --> 00:10:03,360 Speaker 2: take a polygraph examination, I was like, yes, let's do it. 172 00:10:03,840 --> 00:10:07,600 Speaker 2: I have nothing to hide. As they gave me the polygraph, 173 00:10:07,679 --> 00:10:10,240 Speaker 2: they said that I had failed the examination. 174 00:10:10,760 --> 00:10:13,120 Speaker 1: Yeah, big shocker there. I could have told you they 175 00:10:13,160 --> 00:10:14,679 Speaker 1: were going to say that. I mean, they used to 176 00:10:14,720 --> 00:10:17,240 Speaker 1: do it every day, all day when polygraphs were still 177 00:10:17,240 --> 00:10:20,280 Speaker 1: admissible as evidence. They'd give you the test, they tell 178 00:10:20,280 --> 00:10:22,880 Speaker 1: you that you failed, and then they'd hope that that 179 00:10:23,400 --> 00:10:25,360 Speaker 1: would be one of the things that would help to 180 00:10:25,440 --> 00:10:26,640 Speaker 1: chip away at your resolve. 181 00:10:27,440 --> 00:10:32,160 Speaker 2: And they're questioning became a lot more harsh. But they 182 00:10:32,160 --> 00:10:34,880 Speaker 2: were telling me things like, you know what they do 183 00:10:34,920 --> 00:10:38,120 Speaker 2: to little kids like you. You're not telling the truth. We 184 00:10:38,200 --> 00:10:40,760 Speaker 2: have witnesses that could put you at the crime scene. 185 00:10:41,080 --> 00:10:46,199 Speaker 3: Everything that Jerome is describing is consistent with the factors 186 00:10:46,240 --> 00:10:49,840 Speaker 3: that we know can produce false confessions. Jerome is deprived 187 00:10:49,880 --> 00:10:53,360 Speaker 3: of sleep. They're using false and exaggerated evidence ploise, both 188 00:10:53,400 --> 00:10:56,679 Speaker 3: in terms of telling him that other people are placing 189 00:10:56,760 --> 00:10:59,680 Speaker 3: him at the scene when he wasn't there and could 190 00:11:00,160 --> 00:11:04,080 Speaker 3: be identified even through the incredibly coercive show up that 191 00:11:04,120 --> 00:11:06,720 Speaker 3: they did through the police car window, but they're also 192 00:11:06,800 --> 00:11:10,360 Speaker 3: telling him that he failed a polygraph. The detectives are 193 00:11:10,440 --> 00:11:13,560 Speaker 3: using the read method, which as your listeners are familiar 194 00:11:13,559 --> 00:11:18,280 Speaker 3: with is just a guilt presumptive form of interrogation. 195 00:11:18,720 --> 00:11:22,040 Speaker 1: The read technique is an interrogation method that was developed 196 00:11:22,040 --> 00:11:25,439 Speaker 1: in the nineteen fifties by a Chicago Police Department polygraph 197 00:11:25,480 --> 00:11:29,839 Speaker 1: examiner named John E. Reid, and the method begins by 198 00:11:29,880 --> 00:11:32,720 Speaker 1: sharing alleged details of the investigation that point to the 199 00:11:32,720 --> 00:11:36,920 Speaker 1: suspect's guilt. This is called an evidence ploy and can 200 00:11:37,040 --> 00:11:41,080 Speaker 1: legally be a blatant falsehood still in forty seven states, 201 00:11:41,080 --> 00:11:43,880 Speaker 1: by the way, to this day. For example, they could 202 00:11:43,880 --> 00:11:46,480 Speaker 1: say we found your DNA at the crime scene, whether 203 00:11:46,520 --> 00:11:49,920 Speaker 1: it's true or not. In this case, they told Jerome 204 00:11:50,120 --> 00:11:51,439 Speaker 1: that he had failed a polygraph. 205 00:11:51,880 --> 00:11:55,880 Speaker 3: A polygraph is a police created instrument that can't actually 206 00:11:55,920 --> 00:11:58,280 Speaker 3: tell if somebody is telling the truth. I mean, this 207 00:11:58,440 --> 00:12:01,040 Speaker 3: is described to Jerome as something that will tell you 208 00:12:01,080 --> 00:12:03,360 Speaker 3: if you're telling the truth or not. But it's actually 209 00:12:03,559 --> 00:12:06,480 Speaker 3: an inherent fall sevenis boy because it's not capable of 210 00:12:06,520 --> 00:12:08,920 Speaker 3: spitting out reliable information. 211 00:12:09,200 --> 00:12:10,160 Speaker 1: Yeah, it's a cudgel. 212 00:12:10,400 --> 00:12:16,240 Speaker 2: Exactly when they told me that I failed, like I 213 00:12:16,240 --> 00:12:20,680 Speaker 2: I was just empty inside. I didn't know what else 214 00:12:20,720 --> 00:12:20,960 Speaker 2: to do. 215 00:12:21,679 --> 00:12:25,120 Speaker 1: Once sharing this alleged detail, the investigation creates a high 216 00:12:25,120 --> 00:12:29,560 Speaker 1: pressure situation for the suspect, the read technique continues, where 217 00:12:29,559 --> 00:12:34,720 Speaker 1: the interrogator offers socially acceptable justifications for the suspect's alleged behavior, 218 00:12:35,400 --> 00:12:39,640 Speaker 1: followed by an offer of leniency. If the suspect confesses. 219 00:12:39,240 --> 00:12:42,280 Speaker 3: The police say, Okay, we know you didn't pull the trigger, 220 00:12:42,679 --> 00:12:46,360 Speaker 3: but we know that you're there now. Legally, there's no 221 00:12:46,440 --> 00:12:49,160 Speaker 3: difference between being there at the scene of murder and 222 00:12:49,160 --> 00:12:51,480 Speaker 3: participating or pulling the trigger right. 223 00:12:51,400 --> 00:12:54,000 Speaker 1: Right in many states, California being one of them. In 224 00:12:54,080 --> 00:12:57,120 Speaker 1: the commission of a felony, for example, a robbery, if 225 00:12:57,120 --> 00:13:00,640 Speaker 1: someone dies, then everyone who participate paid it in that 226 00:13:00,760 --> 00:13:03,720 Speaker 1: robbery can be prosecuted for murder, even if the person 227 00:13:03,800 --> 00:13:05,679 Speaker 1: was killed by the police exactly. 228 00:13:06,000 --> 00:13:09,320 Speaker 3: Again, that's a technique of minimization. They also made him 229 00:13:09,320 --> 00:13:11,800 Speaker 3: feel like he could leave as soon as he told 230 00:13:11,800 --> 00:13:14,160 Speaker 3: them what they wanted to know. And so it's this 231 00:13:14,280 --> 00:13:17,080 Speaker 3: implicit threat of we're gonna hold you here forever until 232 00:13:17,120 --> 00:13:18,440 Speaker 3: we get what we want. 233 00:13:18,760 --> 00:13:22,400 Speaker 2: Going into that twenty fourth hour, that twenty fifth hour, 234 00:13:22,679 --> 00:13:25,920 Speaker 2: I was becoming nothing more but this empty shell of 235 00:13:25,960 --> 00:13:27,840 Speaker 2: a child, and I didn't know what else to do. 236 00:13:28,520 --> 00:13:30,960 Speaker 2: But they were telling me, you're not telling the truth, 237 00:13:31,200 --> 00:13:36,960 Speaker 2: You're a liar. It made me feel like maybe I'm 238 00:13:36,960 --> 00:13:40,120 Speaker 2: not telling the truth. They got so deep into my 239 00:13:40,280 --> 00:13:43,960 Speaker 2: mind where I started to believe the opposite. 240 00:13:44,200 --> 00:13:48,920 Speaker 1: There are three types of false confessions, voluntary, compliant, and persuaded. 241 00:13:50,080 --> 00:13:54,080 Speaker 1: This sounds a lot like the latter, where after a lengthy, 242 00:13:54,320 --> 00:13:59,240 Speaker 1: exhausting interrogation, the subject may actually begin to believe in 243 00:13:59,280 --> 00:14:04,080 Speaker 1: their own guilt. For example, an interrogator might say, maybe 244 00:14:04,160 --> 00:14:07,000 Speaker 1: your actions were so hateous that you simply blocked them out. 245 00:14:07,120 --> 00:14:09,400 Speaker 1: Do you think you know you run a blackout or something? 246 00:14:09,559 --> 00:14:12,359 Speaker 1: Do you think that's possible? And then if the subject 247 00:14:12,800 --> 00:14:16,400 Speaker 1: entertains that thought, that can be perceived as an admission 248 00:14:16,440 --> 00:14:17,000 Speaker 1: of guilt. 249 00:14:17,360 --> 00:14:23,360 Speaker 2: In those final hours, I remember them getting so deep 250 00:14:23,400 --> 00:14:28,080 Speaker 2: into my head to where I felt like I was hopeless, 251 00:14:28,960 --> 00:14:32,080 Speaker 2: And I remember I put my head on the table 252 00:14:33,120 --> 00:14:36,640 Speaker 2: and I raised my head and I was like, whatever 253 00:14:36,680 --> 00:14:40,480 Speaker 2: you guys want to know, I'll tell you. And at 254 00:14:40,480 --> 00:14:44,200 Speaker 2: that point the investigating officer he slammed his hands on 255 00:14:44,240 --> 00:14:46,920 Speaker 2: the table and said, finally we're going to get somewhere. 256 00:14:58,320 --> 00:15:01,160 Speaker 1: This episode is sponsored by marshmallo in the world's leading 257 00:15:01,200 --> 00:15:05,000 Speaker 1: professional services firm in the areas of Risk Strategy and People. 258 00:15:05,520 --> 00:15:09,000 Speaker 1: It's Legal and Compliance Department provides pro bono legal assistance 259 00:15:09,040 --> 00:15:12,760 Speaker 1: and other support to underrepresented communities and individuals. 260 00:15:18,320 --> 00:15:21,360 Speaker 3: The police have this idea that there's a turf war 261 00:15:21,520 --> 00:15:25,920 Speaker 3: between these rifle gangs who are selling drugs, despite the 262 00:15:25,960 --> 00:15:29,320 Speaker 3: fact that according to all the eyewitnesses, nobody involved as 263 00:15:29,520 --> 00:15:33,000 Speaker 3: selling drugs. The victim didn't sell drugs. This was a 264 00:15:33,040 --> 00:15:35,320 Speaker 3: group of people who are just hanging out in front 265 00:15:35,360 --> 00:15:38,720 Speaker 3: of their apartment building. But the police have this idea 266 00:15:38,800 --> 00:15:44,160 Speaker 3: that there had been disagreements over whose turf people were 267 00:15:44,200 --> 00:15:48,240 Speaker 3: selling drugs on and that Jerome got everyone together, they 268 00:15:48,320 --> 00:15:52,840 Speaker 3: get guns, they go over and they basically exact this 269 00:15:53,280 --> 00:15:57,120 Speaker 3: retribution that they tell people to give up the cash 270 00:15:57,200 --> 00:15:58,400 Speaker 3: and give up the drugs. 271 00:15:58,720 --> 00:16:03,040 Speaker 2: They painted a scenario they believed happened, and they fed 272 00:16:03,040 --> 00:16:05,840 Speaker 2: that information to me, and they said, why don't you 273 00:16:05,920 --> 00:16:10,040 Speaker 2: put yourself into that equation. And that equation was I had. 274 00:16:09,960 --> 00:16:13,280 Speaker 3: A UZI man that somebody he's with shoots the victim 275 00:16:13,320 --> 00:16:17,600 Speaker 3: with a sawt off shotgun, and then after that, Jerome 276 00:16:17,680 --> 00:16:21,240 Speaker 3: fires this gun in the air and then they take off. 277 00:16:21,440 --> 00:16:25,640 Speaker 2: I had incorporated into my statement that after I heard 278 00:16:25,640 --> 00:16:28,600 Speaker 2: the gun shot and fired the UZI I ran to 279 00:16:28,920 --> 00:16:31,760 Speaker 2: the upward part of the block where I was detained at. 280 00:16:31,920 --> 00:16:34,760 Speaker 2: I told them, in the process of running to that area, 281 00:16:35,120 --> 00:16:37,600 Speaker 2: I jumped over a fence and ran into a creek 282 00:16:37,640 --> 00:16:40,120 Speaker 2: area and that's where I left the gun at. Obviously, 283 00:16:40,160 --> 00:16:41,200 Speaker 2: none of that was true. 284 00:16:41,320 --> 00:16:44,320 Speaker 3: No gun was ever recovered. There's no physical, forensic, or 285 00:16:44,360 --> 00:16:49,680 Speaker 3: circumstantial evidence that's recovered that connects with Jerome in any way. 286 00:16:49,880 --> 00:16:52,160 Speaker 2: But in my mind, I was like, if I tell 287 00:16:52,520 --> 00:16:55,200 Speaker 2: them what they wanted to hear, I probably can go home. 288 00:16:55,680 --> 00:16:57,800 Speaker 2: I probably can get out of this situation. 289 00:16:58,000 --> 00:16:59,960 Speaker 3: But that was not the truth, and they sort of 290 00:17:00,200 --> 00:17:02,640 Speaker 3: get him to put himself in the equation. They get 291 00:17:02,680 --> 00:17:06,800 Speaker 3: this false confession. Then at eleven forty eight PM, a 292 00:17:07,040 --> 00:17:09,760 Speaker 3: deputy DA comes in and they do like a full 293 00:17:09,800 --> 00:17:12,400 Speaker 3: taped one that we have a transcript of. When it's 294 00:17:12,440 --> 00:17:14,880 Speaker 3: like many of the false confessions that you see, where 295 00:17:14,880 --> 00:17:20,199 Speaker 3: this district attorney is speaking in full paragraphs about what happened, 296 00:17:20,200 --> 00:17:22,520 Speaker 3: and then Jerome saying like yes, and then it's like 297 00:17:22,560 --> 00:17:24,240 Speaker 3: another full paragraph yes. 298 00:17:24,480 --> 00:17:27,760 Speaker 1: Now, the hallmark of most false confessions is that while 299 00:17:27,800 --> 00:17:31,200 Speaker 1: there'll be some truthful information there, that the statements also 300 00:17:31,320 --> 00:17:33,679 Speaker 1: end up being inconsistent with the facts of the crime. 301 00:17:34,640 --> 00:17:37,240 Speaker 1: Besides this crime not being part of a drug turf war, 302 00:17:37,320 --> 00:17:40,400 Speaker 1: what else stood out about this particular false confession. 303 00:17:40,960 --> 00:17:43,800 Speaker 3: The narrative that the police had come up with was 304 00:17:43,840 --> 00:17:47,240 Speaker 3: that they were going to take retribution on a guy 305 00:17:47,320 --> 00:17:51,199 Speaker 3: named Phil But according to eyewitnesses who actually knew this person, 306 00:17:51,640 --> 00:17:54,600 Speaker 3: he wasn't there. And when Jerome is giving this confession, 307 00:17:54,640 --> 00:17:58,800 Speaker 3: he's repeatedly talking about him being there, but then later says, oh, well, 308 00:17:58,840 --> 00:18:02,520 Speaker 3: maybe he wasn't there. In this confession, he's talking about, well, 309 00:18:02,520 --> 00:18:04,679 Speaker 3: there are three women and three or four men, but 310 00:18:04,760 --> 00:18:07,639 Speaker 3: actually there are two men and two women there. At 311 00:18:07,680 --> 00:18:10,959 Speaker 3: one point he talks about pointing an uzi at one 312 00:18:10,960 --> 00:18:13,360 Speaker 3: of the young men who's there. Well, that person gave 313 00:18:13,480 --> 00:18:16,479 Speaker 3: money to somebody with a Tech nine that's also pointed 314 00:18:16,520 --> 00:18:19,840 Speaker 3: at him. But the eyewitness only describes being robbed by 315 00:18:19,880 --> 00:18:22,360 Speaker 3: somebody with an uzi and he says he was hit 316 00:18:22,400 --> 00:18:26,080 Speaker 3: with an uzi on the head, But the police scripted 317 00:18:26,200 --> 00:18:29,760 Speaker 3: confession doesn't mention that. It also talks about Jerome firing 318 00:18:29,800 --> 00:18:32,679 Speaker 3: an uzi in the air to scare off witnesses, but 319 00:18:33,000 --> 00:18:36,080 Speaker 3: not a single eyewitness to this mentioned that at all. 320 00:18:36,400 --> 00:18:39,800 Speaker 3: And then Jerome also describes throwing this weapon down as 321 00:18:39,840 --> 00:18:42,880 Speaker 3: he ran away, but no gun was ever recovered. 322 00:18:42,800 --> 00:18:46,560 Speaker 1: So they got the number of people wrong for starters 323 00:18:46,640 --> 00:18:50,000 Speaker 1: six or seven instead of four. Not a little wrong, 324 00:18:50,040 --> 00:18:53,840 Speaker 1: a lot rob Then the police included both a person 325 00:18:53,840 --> 00:18:57,000 Speaker 1: who wasn't there named Phil, as well as a non 326 00:18:57,040 --> 00:19:00,320 Speaker 1: existent weapon, the Tech nine, But then they forgot to 327 00:19:00,359 --> 00:19:04,560 Speaker 1: include the pistol whipping with the Uzi. Followed by making 328 00:19:04,640 --> 00:19:07,960 Speaker 1: up the whole thing about the Uzi being fired into 329 00:19:08,000 --> 00:19:12,200 Speaker 1: the air, and they conjured up this entire story, compounding 330 00:19:12,720 --> 00:19:17,040 Speaker 1: the tragedy of an actual murder by victimizing Jerome and 331 00:19:17,320 --> 00:19:19,280 Speaker 1: literally taking his life away, and he was just a 332 00:19:19,320 --> 00:19:20,320 Speaker 1: seventeen year old kid. 333 00:19:20,800 --> 00:19:25,520 Speaker 2: At the end of this questioning, I finally was allowed 334 00:19:25,640 --> 00:19:30,520 Speaker 2: to call my mom home. And when I did finally 335 00:19:30,560 --> 00:19:35,159 Speaker 2: get that call, I said, Mom, they have me downtown 336 00:19:35,440 --> 00:19:40,280 Speaker 2: for murder. And my mother was in disbelief, and I 337 00:19:40,359 --> 00:19:45,280 Speaker 2: remember hearing on the phone. She said to my sister, 338 00:19:46,640 --> 00:19:49,439 Speaker 2: I know this voice on the other line, but this 339 00:19:49,600 --> 00:19:52,480 Speaker 2: is not Jerome. She handed the phone to my sister 340 00:19:52,520 --> 00:19:55,560 Speaker 2: and said, find out who this is. This does not 341 00:19:55,680 --> 00:19:59,120 Speaker 2: sound like Jerome. My sister Leah picked the phone up 342 00:19:59,640 --> 00:20:01,520 Speaker 2: she said, hello, who is this and I said, it's Jerome. 343 00:20:02,040 --> 00:20:07,640 Speaker 2: They got me downtown for murder. So the initial charges 344 00:20:08,359 --> 00:20:13,120 Speaker 2: were first degree murder, three counts of robbery, and assault 345 00:20:13,119 --> 00:20:16,560 Speaker 2: with a deadly weapon. My public defender came to me 346 00:20:16,640 --> 00:20:20,479 Speaker 2: and said, based on my confession, I have the best 347 00:20:20,480 --> 00:20:23,560 Speaker 2: deal for you, and that was a six year deal 348 00:20:23,840 --> 00:20:25,760 Speaker 2: in the California Youth Authority. 349 00:20:25,720 --> 00:20:28,000 Speaker 1: And in nineteen ninety one at the time that you 350 00:20:28,040 --> 00:20:32,280 Speaker 1: were being processed, was really essentially a fool's Errand to 351 00:20:32,359 --> 00:20:35,280 Speaker 1: even try to convince a jury that anybody, under any 352 00:20:35,320 --> 00:20:39,159 Speaker 1: circumstances would confess to something that they hadn't done, even 353 00:20:39,280 --> 00:20:42,680 Speaker 1: if your public defender managed to point out all of 354 00:20:42,720 --> 00:20:47,040 Speaker 1: the wild inconsistencies really between your statement and the facts 355 00:20:47,040 --> 00:20:47,880 Speaker 1: of the crime. 356 00:20:47,720 --> 00:20:52,080 Speaker 2: My public defender never suggested that I do go to 357 00:20:52,160 --> 00:20:55,720 Speaker 2: trial so that all that information could be presented. The 358 00:20:55,800 --> 00:20:59,480 Speaker 2: conversation from start to finish was I have a guaranteed 359 00:20:59,520 --> 00:21:03,080 Speaker 2: deal for you, and I'm advising you to take it 360 00:21:04,000 --> 00:21:07,280 Speaker 2: because you gave a confession, and there's no way that 361 00:21:07,480 --> 00:21:09,760 Speaker 2: you could win a case based on the confession that 362 00:21:09,800 --> 00:21:14,320 Speaker 2: you've given. And so my only option, based on what 363 00:21:14,320 --> 00:21:16,560 Speaker 2: my public defender was telling me was to take this 364 00:21:17,200 --> 00:21:21,639 Speaker 2: guaranteed six year deal to the California Youth Authority for 365 00:21:21,720 --> 00:21:23,720 Speaker 2: first degree murder through counts of robbery and assault with 366 00:21:23,760 --> 00:21:27,840 Speaker 2: a deadly weapon, and that by taking this deal I 367 00:21:27,880 --> 00:21:30,960 Speaker 2: would be released before my twenty fifth birthday. 368 00:21:31,760 --> 00:21:34,680 Speaker 1: Considering the alternative, you'd be looking at a life sentence. 369 00:21:34,800 --> 00:21:38,240 Speaker 1: So six years in juvie or life. 370 00:21:38,440 --> 00:21:42,320 Speaker 2: Being released before my twenty fifth birthday was was insight. 371 00:21:43,320 --> 00:21:46,960 Speaker 2: It was in my vision, and again I believed that 372 00:21:47,400 --> 00:21:50,800 Speaker 2: what my public defender was telling me was the best call, 373 00:21:50,840 --> 00:21:53,040 Speaker 2: and so I took the deal. 374 00:21:53,800 --> 00:21:57,440 Speaker 3: And just to sort of provide context, just because it's 375 00:21:57,480 --> 00:22:01,919 Speaker 3: so bizarre, at the proceeding where you know, Jerome first 376 00:22:02,160 --> 00:22:05,320 Speaker 3: enters into this agreement, the judge says, all right, so 377 00:22:05,600 --> 00:22:08,639 Speaker 3: you'll go to the California Youth Authority. You'll be there 378 00:22:08,720 --> 00:22:11,840 Speaker 3: until you're twenty five, and then you'll be released. This 379 00:22:12,040 --> 00:22:16,040 Speaker 3: is assuming that the California Youth Authority accepts you. Given 380 00:22:16,080 --> 00:22:19,320 Speaker 3: the reports that I've seen, I believe that they will. 381 00:22:19,960 --> 00:22:24,080 Speaker 3: And so there's a body, the Youthful Funder Parole Board, 382 00:22:24,200 --> 00:22:27,600 Speaker 3: who determines whether or not somebody is eligible to be 383 00:22:27,680 --> 00:22:33,000 Speaker 3: at the CYA. The board flat out rejects Jerome because 384 00:22:33,040 --> 00:22:34,840 Speaker 3: of the circumstances of the crime. 385 00:22:35,160 --> 00:22:39,760 Speaker 2: And so six months into that deal, I was brought 386 00:22:39,800 --> 00:22:43,159 Speaker 2: back to court it was vacated, at which point I 387 00:22:43,280 --> 00:22:47,080 Speaker 2: was told that the District Attorney's office felt like I 388 00:22:47,119 --> 00:22:50,359 Speaker 2: should cooperate with the office by giving up the names 389 00:22:50,920 --> 00:22:55,160 Speaker 2: of the individuals that were involved in this crime. And 390 00:22:55,280 --> 00:22:57,919 Speaker 2: by not giving up the names, I would go to 391 00:22:58,000 --> 00:23:01,240 Speaker 2: trial and I would receive the mach sentence of fifty 392 00:23:01,320 --> 00:23:04,560 Speaker 2: years to life in prison. But if I don't go 393 00:23:04,680 --> 00:23:07,959 Speaker 2: to trial, I could plead to a lesser and receive 394 00:23:08,160 --> 00:23:11,080 Speaker 2: rather than fifty years, I could receive an eighteen year 395 00:23:11,119 --> 00:23:14,880 Speaker 2: to life sentence. And I didn't have names. I never did, 396 00:23:15,800 --> 00:23:21,679 Speaker 2: And so the next phase was to vacate the original 397 00:23:21,800 --> 00:23:25,760 Speaker 2: sentence and plead to the lesser charge, which would be 398 00:23:26,320 --> 00:23:27,359 Speaker 2: second degree murder. 399 00:23:28,119 --> 00:23:32,240 Speaker 1: And so, after having taken the original deal for six years, 400 00:23:32,240 --> 00:23:34,240 Speaker 1: in Julie, that would be a hard thing for anyone 401 00:23:34,280 --> 00:23:36,680 Speaker 1: to swallow as an innocent person, since you had already 402 00:23:36,760 --> 00:23:39,879 Speaker 1: pleaded guilty. Though then you were faced with a choice 403 00:23:39,920 --> 00:23:44,320 Speaker 1: between fifty to life or eighteen to life. You know, my. 404 00:23:46,040 --> 00:23:50,160 Speaker 2: Faith in God was shattered. I didn't believe that there 405 00:23:50,280 --> 00:23:53,359 Speaker 2: was a god. What kind of god would put a 406 00:23:53,440 --> 00:23:58,000 Speaker 2: child through something like this. I couldn't believe that this 407 00:23:58,160 --> 00:24:02,240 Speaker 2: was happening to me. There was no one in authority 408 00:24:02,280 --> 00:24:06,240 Speaker 2: that stood up to the plate and said, wait a minute, 409 00:24:06,359 --> 00:24:27,000 Speaker 2: something is not right here. It was the summer of 410 00:24:27,280 --> 00:24:30,760 Speaker 2: nineteen ninety six that I was transferred from the Youth 411 00:24:30,800 --> 00:24:36,920 Speaker 2: Authority to the Department of Corrections prison. In the Youth Authority, 412 00:24:37,119 --> 00:24:42,840 Speaker 2: the mindset is different. It's about rehabilitation therapy. When you 413 00:24:42,880 --> 00:24:45,399 Speaker 2: get to prison, it's none of that. It's a dark 414 00:24:45,600 --> 00:24:49,560 Speaker 2: world and I had to grow up really quick. And 415 00:24:49,680 --> 00:24:53,399 Speaker 2: I remember when I first hit the prison yard. I 416 00:24:53,480 --> 00:24:59,240 Speaker 2: was met by an individual and he said to me, youngster, 417 00:24:59,280 --> 00:25:03,200 Speaker 2: if you want to survive, there's three things that you 418 00:25:03,240 --> 00:25:07,960 Speaker 2: should do. Don't fuck with punks, don't gamble, and don't 419 00:25:08,000 --> 00:25:10,920 Speaker 2: click up. I e being a gang member. He said, 420 00:25:10,960 --> 00:25:14,040 Speaker 2: if you take those three things, you survived this madness. 421 00:25:14,359 --> 00:25:16,680 Speaker 2: That's all he said. And for twenty one years I 422 00:25:16,720 --> 00:25:20,040 Speaker 2: never clicked up, didn't mess with punks. And it was 423 00:25:20,080 --> 00:25:23,400 Speaker 2: difficult because I was ostracized in so many different ways. 424 00:25:23,840 --> 00:25:27,000 Speaker 2: I had a mark on my biack because I wasn't 425 00:25:27,000 --> 00:25:29,280 Speaker 2: part of a gang. I didn't click up. The only 426 00:25:29,480 --> 00:25:33,000 Speaker 2: neutral zone save zone that I could exist on was 427 00:25:33,080 --> 00:25:37,640 Speaker 2: the track, so I ran four hours a day. Every 428 00:25:37,680 --> 00:25:39,199 Speaker 2: time they opened the yard, I would just go to 429 00:25:39,240 --> 00:25:40,040 Speaker 2: the yard and run. 430 00:25:40,880 --> 00:25:43,560 Speaker 1: I guess you can't get dragged into any more drama 431 00:25:43,640 --> 00:25:46,320 Speaker 1: if you're just running and don't engage with anyone. 432 00:25:46,760 --> 00:25:48,439 Speaker 2: Or you could try running with me and try to 433 00:25:48,440 --> 00:25:53,480 Speaker 2: have a conversation, but that that wasn't gonna happen. For 434 00:25:53,600 --> 00:25:56,679 Speaker 2: the first couple of years that I was incarcerated, I 435 00:25:56,800 --> 00:25:59,600 Speaker 2: was in a dark place where I just wouldn't say 436 00:25:59,640 --> 00:26:02,480 Speaker 2: anything to anybody. The last thing that I wanted to 437 00:26:02,560 --> 00:26:05,159 Speaker 2: do was be judged again and again, especially for a 438 00:26:05,200 --> 00:26:07,600 Speaker 2: crime I didn't do. I didn't want to be mocked 439 00:26:07,640 --> 00:26:10,439 Speaker 2: and scorned by my peers. When they asked me what 440 00:26:10,480 --> 00:26:12,000 Speaker 2: I was in there for, I would say, I'm in 441 00:26:12,000 --> 00:26:15,280 Speaker 2: here for murder. Some of the things that I did 442 00:26:15,320 --> 00:26:19,600 Speaker 2: in prison for starters. I always use this analogy, how 443 00:26:19,640 --> 00:26:22,720 Speaker 2: did I stay sane going through all of that? And 444 00:26:23,000 --> 00:26:25,800 Speaker 2: if I could paint the picture of you holding a 445 00:26:25,840 --> 00:26:28,960 Speaker 2: live grenade, it would be just imagine your eighteenth birthday, 446 00:26:29,000 --> 00:26:33,000 Speaker 2: all the milestones, your twenty first, twenty fifth, thirtieth, my 447 00:26:33,080 --> 00:26:38,440 Speaker 2: nieces and nephew's being born, my siblings being married, my dad, 448 00:26:38,480 --> 00:26:40,440 Speaker 2: even my dad passed away a year to the date 449 00:26:40,480 --> 00:26:42,720 Speaker 2: that I came home on. All of this was in 450 00:26:43,000 --> 00:26:45,480 Speaker 2: capsualized in this live grenade that I had to hold 451 00:26:45,520 --> 00:26:48,600 Speaker 2: on to, and that live grenade represent my sanity, and 452 00:26:48,680 --> 00:26:50,359 Speaker 2: I knew that the moment that I would let that 453 00:26:50,400 --> 00:26:52,520 Speaker 2: live grenade go would be the moment I would explode 454 00:26:52,560 --> 00:26:55,720 Speaker 2: or implode. While in prison, I also did hospice care. 455 00:26:55,960 --> 00:26:58,360 Speaker 2: That was an eye opening for me. Is to sit 456 00:26:58,440 --> 00:27:02,800 Speaker 2: with terminally ill payats just to know these individuals, not 457 00:27:03,680 --> 00:27:06,040 Speaker 2: to know them from their criminal past, but just to 458 00:27:06,040 --> 00:27:08,400 Speaker 2: know them as an individual, and they would always give 459 00:27:08,400 --> 00:27:11,399 Speaker 2: me insight. You're young, you have your whole life ahead 460 00:27:11,440 --> 00:27:13,560 Speaker 2: of you. Don't make the mistakes like I did. I 461 00:27:13,600 --> 00:27:16,880 Speaker 2: took all of that into consideration. I learned some good 462 00:27:16,880 --> 00:27:19,000 Speaker 2: things in prison. I learned some bad things in prison. 463 00:27:19,119 --> 00:27:22,280 Speaker 1: What are a few lessons you learned? If you could 464 00:27:22,320 --> 00:27:25,480 Speaker 1: tell us pick like the first three to come to mind. 465 00:27:26,240 --> 00:27:30,480 Speaker 2: Number one, I would say I had to be honest 466 00:27:30,560 --> 00:27:35,359 Speaker 2: with myself in understanding why I confess to a crime 467 00:27:35,480 --> 00:27:40,359 Speaker 2: I didn't do. Reliving that episode was very traumatic, but 468 00:27:40,440 --> 00:27:42,560 Speaker 2: I had to come to terms with it, and I 469 00:27:42,600 --> 00:27:45,440 Speaker 2: had to accept it. With that being said, I had 470 00:27:45,480 --> 00:27:49,320 Speaker 2: to talk with that seventeen year old kid, and I 471 00:27:49,400 --> 00:27:54,399 Speaker 2: had to become that seventeen year old kid's protector, his man, 472 00:27:55,600 --> 00:27:58,240 Speaker 2: and I had to always speak for that seventeen year 473 00:27:58,280 --> 00:28:02,840 Speaker 2: old kid because nobody's vote for him. Number Two, I 474 00:28:02,920 --> 00:28:06,719 Speaker 2: had to learn how to respect myself at all times. 475 00:28:07,160 --> 00:28:10,119 Speaker 2: When you respect yourself at all times, the people around 476 00:28:10,160 --> 00:28:12,080 Speaker 2: you would see that respect and they would honor that. 477 00:28:12,400 --> 00:28:14,199 Speaker 2: It's not like that for everybody, but it was like 478 00:28:14,240 --> 00:28:17,040 Speaker 2: that for me, And I would say. The third thing 479 00:28:17,080 --> 00:28:20,879 Speaker 2: would be to honor the people that kept me saying 480 00:28:21,160 --> 00:28:24,240 Speaker 2: while I was in there, Ie, my family. My family 481 00:28:24,359 --> 00:28:28,200 Speaker 2: was my mainstay from start to finish of my incarceration. 482 00:28:28,920 --> 00:28:31,560 Speaker 1: Yeah, you know that support. Not everyone has it, but 483 00:28:31,600 --> 00:28:34,080 Speaker 1: it goes a long way if you do. We hear 484 00:28:34,200 --> 00:28:37,520 Speaker 1: time and again on the show and even just doing 485 00:28:37,560 --> 00:28:40,320 Speaker 1: the work, and I understand that in addition to the 486 00:28:40,360 --> 00:28:43,440 Speaker 1: hospice care, which, by the way, my hat's off to you, 487 00:28:43,680 --> 00:28:46,560 Speaker 1: but you also finished high school inside behind the bars, 488 00:28:46,600 --> 00:28:51,040 Speaker 1: and you did your time get this with zero disciplinary infractions. 489 00:28:51,280 --> 00:28:52,840 Speaker 1: It's almost unheard of. 490 00:28:53,080 --> 00:28:56,040 Speaker 2: It's hard to do. And you know what I never 491 00:28:56,160 --> 00:28:59,080 Speaker 2: wanted to represent where I was at. I didn't want 492 00:28:59,120 --> 00:29:02,200 Speaker 2: to become a product of that system. Again, I'm not 493 00:29:02,200 --> 00:29:04,680 Speaker 2: speaking for every but I'm only speaking for self. The 494 00:29:04,760 --> 00:29:06,800 Speaker 2: last thing that I wanted to do, for example, was 495 00:29:06,840 --> 00:29:09,720 Speaker 2: call my mom and say, hey, Mom, guess what, I'm 496 00:29:09,720 --> 00:29:14,320 Speaker 2: a gang member now. So yes, it was a fine 497 00:29:14,360 --> 00:29:16,480 Speaker 2: line that I had to walk, but it was something 498 00:29:16,520 --> 00:29:19,080 Speaker 2: that was necessary for me because I was not a 499 00:29:19,200 --> 00:29:21,880 Speaker 2: murderer and I did not want to act like I 500 00:29:21,920 --> 00:29:25,120 Speaker 2: was a murderer by being a product of that system. 501 00:29:25,800 --> 00:29:28,200 Speaker 2: So I remained disciplinary free for twenty one and a 502 00:29:28,240 --> 00:29:28,840 Speaker 2: half years. 503 00:29:29,600 --> 00:29:32,840 Speaker 3: I mean, when I got Jerome's c file, which is 504 00:29:32,880 --> 00:29:36,160 Speaker 3: the file that they assemble for you in this CDCR. 505 00:29:37,000 --> 00:29:39,960 Speaker 3: Normally you go through these files and it's like disciplinary 506 00:29:40,000 --> 00:29:44,080 Speaker 3: hearing after disciplinary hearing after disciplinary hearing. And that's because 507 00:29:44,120 --> 00:29:46,560 Speaker 3: no matter what your intentions are, and no matter the 508 00:29:46,680 --> 00:29:50,520 Speaker 3: level of your self control, it's next to impossible to 509 00:29:50,640 --> 00:29:54,840 Speaker 3: spend time in prison, particularly in a maximum security institution. Right, 510 00:29:55,120 --> 00:29:56,840 Speaker 3: even if you're not looking for trouble, a lot of 511 00:29:56,920 --> 00:29:59,120 Speaker 3: times trouble is going to find you. And so I mean, 512 00:29:59,200 --> 00:30:04,600 Speaker 3: it's it's just a testament to the incredible force of 513 00:30:04,680 --> 00:30:07,800 Speaker 3: will that Jerome had that he was able to stay 514 00:30:07,880 --> 00:30:10,720 Speaker 3: discipline free, and instead it was just like a bunch 515 00:30:10,720 --> 00:30:12,920 Speaker 3: of laudatory statements. I mean, I told him when I 516 00:30:12,920 --> 00:30:14,920 Speaker 3: first reviewed this, I was like, Jerome, you could take 517 00:30:14,960 --> 00:30:16,760 Speaker 3: this CE file and apply to college. 518 00:30:17,040 --> 00:30:20,600 Speaker 1: Yeah, it's incredible. And I also understand that the very 519 00:30:20,640 --> 00:30:22,400 Speaker 1: little bit of money that you were able to make 520 00:30:22,440 --> 00:30:25,160 Speaker 1: in there, because you were making ninety five cents an 521 00:30:25,160 --> 00:30:28,320 Speaker 1: hour in the print shop, that you donated to charity. 522 00:30:28,880 --> 00:30:32,200 Speaker 2: I just wanted to feel some type of connection to 523 00:30:32,280 --> 00:30:35,680 Speaker 2: the real world, and I felt like by donating the 524 00:30:35,680 --> 00:30:39,400 Speaker 2: money that I made in there to charitable causes in 525 00:30:39,880 --> 00:30:42,360 Speaker 2: society would give me some type of connection to the 526 00:30:42,360 --> 00:30:43,000 Speaker 2: free world. 527 00:30:43,280 --> 00:30:46,000 Speaker 1: And so while you're in there living this honorable, even 528 00:30:46,080 --> 00:30:50,040 Speaker 1: heroic existence, your avenues for relief and post conviction were 529 00:30:50,720 --> 00:30:53,120 Speaker 1: not promising at all with the guilty plate. And then 530 00:30:53,160 --> 00:30:55,920 Speaker 1: you were repeatedly denied at the parole board in two 531 00:30:55,960 --> 00:30:59,480 Speaker 1: thousand and two, two thousand and five, in two thousand. 532 00:30:59,160 --> 00:31:03,040 Speaker 2: And eight, initial stance while appearing before the parole board 533 00:31:03,240 --> 00:31:05,640 Speaker 2: was I'm not going to talk about the life crime. 534 00:31:06,320 --> 00:31:09,000 Speaker 2: If anything, I'll talk about what I've been doing since 535 00:31:09,000 --> 00:31:11,160 Speaker 2: I've been incarcerated. And what I plan to do upon 536 00:31:11,240 --> 00:31:14,520 Speaker 2: my release, and that was doing more harm than good 537 00:31:14,520 --> 00:31:16,320 Speaker 2: because I wasn't providing any insight. 538 00:31:16,760 --> 00:31:19,240 Speaker 1: And then at your two thousand and eight hearing, as 539 00:31:19,280 --> 00:31:21,840 Speaker 1: I understand it, you started claiming your actual innocence. 540 00:31:22,240 --> 00:31:25,400 Speaker 2: There was a statement that was made by the district 541 00:31:25,440 --> 00:31:29,840 Speaker 2: attorney and she basically said that I was taking steps 542 00:31:29,920 --> 00:31:34,480 Speaker 2: back because I was saying that I didn't commit the crime. 543 00:31:35,000 --> 00:31:39,320 Speaker 2: Fast forward, going into my twenty eleven hearing, I wrote 544 00:31:39,320 --> 00:31:42,440 Speaker 2: out a statement explaining how a seventeen year old kid 545 00:31:42,560 --> 00:31:45,680 Speaker 2: was put in an adult situation, who was forced to 546 00:31:45,800 --> 00:31:48,920 Speaker 2: confess to a crime he didn't do, who was now 547 00:31:49,000 --> 00:31:51,960 Speaker 2: a thirty eight year old man fighting for his freedom. 548 00:31:52,360 --> 00:31:57,320 Speaker 2: Their response was that they believed my story and they 549 00:31:57,360 --> 00:31:58,840 Speaker 2: gave me a release. 550 00:31:58,640 --> 00:32:04,080 Speaker 1: Date, which was October seventeenth, twenty eleven. Tell us about that. 551 00:32:04,440 --> 00:32:11,320 Speaker 2: It was very special in so many ways. I didn't 552 00:32:11,360 --> 00:32:17,160 Speaker 2: believe that it would happen, but it happened. I was 553 00:32:17,240 --> 00:32:20,680 Speaker 2: met by my sisters. I wish my dad would have 554 00:32:20,720 --> 00:32:23,560 Speaker 2: been there to see me walk out. All I wanted 555 00:32:23,640 --> 00:32:25,480 Speaker 2: him to do was to see me walk out of 556 00:32:25,520 --> 00:32:28,960 Speaker 2: there strong and singing. But I made it out with 557 00:32:28,960 --> 00:32:32,920 Speaker 2: my sanity that was key was walking out of there 558 00:32:32,960 --> 00:32:35,840 Speaker 2: with my sanity. They wrote me off. There were some 559 00:32:35,960 --> 00:32:39,680 Speaker 2: that said that I wouldn't make it out alive. I 560 00:32:39,760 --> 00:32:40,560 Speaker 2: proved them wrong. 561 00:32:40,960 --> 00:32:43,840 Speaker 1: Yes you did. And now you're out on parole and 562 00:32:43,920 --> 00:32:47,280 Speaker 1: you were going to be under supervision for another five years, 563 00:32:47,280 --> 00:32:50,960 Speaker 1: though with plenty of pitfalls in your path, all sorts 564 00:32:50,960 --> 00:32:52,760 Speaker 1: of obstacles and the hoops you had to jump through, 565 00:32:53,360 --> 00:32:54,640 Speaker 1: but you didn't let that stop you. 566 00:32:55,000 --> 00:32:58,000 Speaker 2: When I first came home, I had a job offer 567 00:32:58,040 --> 00:33:00,000 Speaker 2: at a law firm, and I walked into the law 568 00:33:00,160 --> 00:33:04,000 Speaker 2: firm my second day home, and I didn't have a 569 00:33:04,040 --> 00:33:08,200 Speaker 2: suit and tie, and they purchased me five suits, and 570 00:33:08,240 --> 00:33:10,040 Speaker 2: they said that I was required to wear one to 571 00:33:10,080 --> 00:33:12,520 Speaker 2: work every day. They said that they opened the office 572 00:33:12,520 --> 00:33:15,320 Speaker 2: at nine o'clock. I was there at eight o'clock. And 573 00:33:15,600 --> 00:33:18,280 Speaker 2: from there I transitioned to becoming a project manager for 574 00:33:18,320 --> 00:33:21,320 Speaker 2: a construction company. I stayed with the construction company for 575 00:33:21,360 --> 00:33:24,920 Speaker 2: about eight years, and then I transitioned to becoming an 576 00:33:24,960 --> 00:33:28,600 Speaker 2: active member of an organization called the Anti Recitivism Coalition, 577 00:33:28,720 --> 00:33:31,040 Speaker 2: which I am now vice chairman of the board. We 578 00:33:31,160 --> 00:33:34,160 Speaker 2: do a lot of policy work and advocacy work, which 579 00:33:34,240 --> 00:33:38,800 Speaker 2: brought me to this place now of speaking on behalf 580 00:33:38,920 --> 00:33:42,120 Speaker 2: of all the children out there who have been duped 581 00:33:42,160 --> 00:33:45,440 Speaker 2: into confessions that they didn't do. And so I'm on 582 00:33:45,480 --> 00:33:49,560 Speaker 2: a campaign now to get child Miranda rights across the board. 583 00:33:49,720 --> 00:33:55,360 Speaker 2: I'm working with two congress personnel, Congressman Tony Cardinas and 584 00:33:55,560 --> 00:34:01,120 Speaker 2: Representative Sydney cam lagger Dove on federalizing juvenile Miranda rights 585 00:34:01,120 --> 00:34:01,880 Speaker 2: across the board. 586 00:34:02,160 --> 00:34:06,360 Speaker 1: That's amazing. So this isn't just California, this is federal 587 00:34:06,440 --> 00:34:09,600 Speaker 1: juvenile Miranda rights. So what can our audience do to help? 588 00:34:09,800 --> 00:34:13,000 Speaker 2: Number One, you can google the Anti Recidivism Coalition and 589 00:34:13,320 --> 00:34:18,480 Speaker 2: as well as Congressman Tony Cardinas as well as Representative 590 00:34:18,960 --> 00:34:23,120 Speaker 2: Sidney kamlagger Dove to get more information on the Juvenile 591 00:34:23,120 --> 00:34:24,799 Speaker 2: Miranda Right bill package. 592 00:34:25,120 --> 00:34:27,480 Speaker 1: So we'll have any recidivism dot org as well as 593 00:34:27,480 --> 00:34:29,680 Speaker 1: other action steps linked in the bio. Now, before we 594 00:34:29,719 --> 00:34:33,280 Speaker 1: go to closing arguments, I've heard you've also gotten married 595 00:34:33,320 --> 00:34:34,080 Speaker 1: since you've been out. 596 00:34:34,400 --> 00:34:37,799 Speaker 2: Yeah. I got married to a beautiful wife. Her name 597 00:34:37,880 --> 00:34:41,800 Speaker 2: is Raha. She is the apple of my eye. I'm 598 00:34:41,880 --> 00:34:45,440 Speaker 2: just now understanding puppy love. It was something that I 599 00:34:45,440 --> 00:34:48,000 Speaker 2: should have taken on when I was fifteen or sixteen. 600 00:34:49,200 --> 00:34:53,080 Speaker 2: I waited until I was fifty to understand the philosophy 601 00:34:53,160 --> 00:34:57,440 Speaker 2: of love, and it truly is a beautiful experience. We 602 00:34:57,640 --> 00:35:01,279 Speaker 2: just purchased a nice home like I couldn't ask for 603 00:35:01,320 --> 00:35:03,320 Speaker 2: anything more considering where I came from. 604 00:35:03,440 --> 00:35:05,560 Speaker 1: Hell, yeah, thank you. And I want to turn to 605 00:35:05,600 --> 00:35:07,640 Speaker 1: Ben because he also has a call to action for 606 00:35:07,760 --> 00:35:10,880 Speaker 1: what he's working on now, and there's a number of 607 00:35:10,960 --> 00:35:14,600 Speaker 1: us working on this, which is to finally and permanently 608 00:35:14,640 --> 00:35:15,640 Speaker 1: clear Jerome's name. 609 00:35:16,520 --> 00:35:19,799 Speaker 3: So after wrongful conviction like that, normally you think about 610 00:35:19,840 --> 00:35:23,040 Speaker 3: a habeas petition. But since Jerome served his sentence and 611 00:35:23,480 --> 00:35:27,120 Speaker 3: wasn't even on parole anymore because it had been terminated 612 00:35:27,160 --> 00:35:30,640 Speaker 3: so quickly because he was a mono parole, the best 613 00:35:30,760 --> 00:35:34,120 Speaker 3: avenue for doing that would be to seek a gumnatorial 614 00:35:34,200 --> 00:35:38,799 Speaker 3: pardon from Gavin Newsom's office. And so we've undertaken an 615 00:35:38,840 --> 00:35:42,920 Speaker 3: investigation just going back thirty three years to win this 616 00:35:43,000 --> 00:35:46,600 Speaker 3: crime occurred. And we've got a great private investigator who's 617 00:35:46,640 --> 00:35:51,879 Speaker 3: gone around and interviewed eyewitnesses, interviewed alibi witnesses, people who 618 00:35:51,880 --> 00:35:54,440 Speaker 3: were around the scene of the crime. We have statements 619 00:35:54,480 --> 00:35:57,279 Speaker 3: from all of them. We got doctor Richard Leo, who 620 00:35:57,480 --> 00:36:00,000 Speaker 3: was your listeners know, was one of the foremost experts 621 00:36:00,080 --> 00:36:03,080 Speaker 3: it's in the field who put together a report about 622 00:36:03,200 --> 00:36:06,279 Speaker 3: Jerome's false confession, and he details all of the risk 623 00:36:06,360 --> 00:36:10,200 Speaker 3: factors that were present and all the indish of unreliability. 624 00:36:10,360 --> 00:36:13,239 Speaker 3: And so we've sent that to the Governor's office. Now 625 00:36:13,280 --> 00:36:15,800 Speaker 3: we're at the point where we're supplementing it with letters, 626 00:36:15,960 --> 00:36:19,440 Speaker 3: and so people who know Jerome are writing the governor. 627 00:36:19,600 --> 00:36:23,600 Speaker 3: And also just if anyone who's listening to this is moved, 628 00:36:23,640 --> 00:36:24,560 Speaker 3: they can do that as well. 629 00:36:24,600 --> 00:36:26,160 Speaker 1: All right, well, we're going to add that to the 630 00:36:26,200 --> 00:36:28,960 Speaker 1: action steps as well. And now we've come to my 631 00:36:29,040 --> 00:36:31,160 Speaker 1: favorite part of the show, where I first of all 632 00:36:31,160 --> 00:36:34,480 Speaker 1: get to thank you both for joining us, and Jerome, 633 00:36:34,719 --> 00:36:38,520 Speaker 1: thank you again for sharing your incredible story. Your journey 634 00:36:38,600 --> 00:36:42,560 Speaker 1: is absolutely amazing. And now I'm going to kick back 635 00:36:42,560 --> 00:36:46,359 Speaker 1: in my chair, lit my headphones on, turn my microphone off, 636 00:36:46,480 --> 00:36:49,360 Speaker 1: close my eyes, and just listen to anything else you 637 00:36:49,400 --> 00:36:51,520 Speaker 1: feel is left to be said. So let's start off 638 00:36:51,560 --> 00:36:54,919 Speaker 1: with Ben and then Jerome. You take us out into 639 00:36:54,920 --> 00:36:55,640 Speaker 1: the sunset. 640 00:36:56,200 --> 00:37:01,239 Speaker 3: What happened to Jerome was an outrage. It isn't unique. 641 00:37:01,600 --> 00:37:06,200 Speaker 3: It's what happens when assumptions about black communities and the 642 00:37:06,239 --> 00:37:10,360 Speaker 3: people who live there, combined with the policing that does 643 00:37:10,400 --> 00:37:15,040 Speaker 3: nothing to advance public safety and actually affirmatively endangerous people 644 00:37:15,480 --> 00:37:17,959 Speaker 3: by taking them away from the people who love them, 645 00:37:18,520 --> 00:37:21,840 Speaker 3: in this case, for twenty one years. And so clearing 646 00:37:21,960 --> 00:37:25,200 Speaker 3: Jerome's name is important not just because it's the right 647 00:37:25,239 --> 00:37:28,160 Speaker 3: thing to do, but also because it'll make him a 648 00:37:28,200 --> 00:37:32,200 Speaker 3: more effective advocate in trying to stop this from happening 649 00:37:32,280 --> 00:37:32,960 Speaker 3: to other children. 650 00:37:33,880 --> 00:37:36,719 Speaker 2: I have to agree with Ben one hundred percent. My 651 00:37:36,840 --> 00:37:41,960 Speaker 2: case is not unique. I am not a unicorn. I 652 00:37:42,120 --> 00:37:45,880 Speaker 2: was an individual, one of many who was forced to 653 00:37:45,920 --> 00:37:48,960 Speaker 2: confess to a crime that they didn't do, and it 654 00:37:49,000 --> 00:37:52,840 Speaker 2: should not have happened and it needs to stop. I 655 00:37:52,880 --> 00:37:55,200 Speaker 2: wish I could say that I'm the last of many 656 00:37:55,280 --> 00:37:58,680 Speaker 2: who has went through something as horrible as confession to 657 00:37:58,719 --> 00:38:00,719 Speaker 2: a crime that they didn't do. But I'm not. We 658 00:38:00,800 --> 00:38:02,960 Speaker 2: notice it's going to happen again and again and again, 659 00:38:04,120 --> 00:38:07,200 Speaker 2: and I want to be made whole. I want my 660 00:38:07,320 --> 00:38:10,920 Speaker 2: name back, and I need to be cleared from all charges. 661 00:38:17,960 --> 00:38:20,800 Speaker 1: Thank you for listening to Wrongful Conviction. You can listen 662 00:38:20,800 --> 00:38:23,160 Speaker 1: to this and all the Lava for Good podcasts. One 663 00:38:23,200 --> 00:38:26,200 Speaker 1: week early by subscribing to Lava for Good plus on 664 00:38:26,280 --> 00:38:29,680 Speaker 1: Apple Podcasts. I want to thank our production team Connor Hall, 665 00:38:29,920 --> 00:38:32,760 Speaker 1: Any Chelsea, and Kathleen Fink, as well as my fellow 666 00:38:32,800 --> 00:38:36,600 Speaker 1: executive producers Jeff Kempler, Kevin Wartis, and Jeff Cliburn. The 667 00:38:36,680 --> 00:38:39,040 Speaker 1: music in this production was supplied by three time OSCAR 668 00:38:39,080 --> 00:38:42,400 Speaker 1: nominated composer Jay Ralph. Be sure to follow us across 669 00:38:42,440 --> 00:38:45,359 Speaker 1: all social media platforms at Lava for Good and at 670 00:38:45,400 --> 00:38:48,560 Speaker 1: Wrongful Conviction. You can also follow me on Instagram at 671 00:38:48,640 --> 00:38:51,840 Speaker 1: It's Jason Flamm. Wrongful Conviction is the production of Lava 672 00:38:51,880 --> 00:39:01,160 Speaker 1: for Good Podcasts in association with Signal Company Number one