WEBVTT - #086 Jason Flom with John Grisham

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<v Speaker 1>This Paul is from a correction facility, and it's subject

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<v Speaker 1>to monitoring and recording contactly elevenarisma.

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<v Speaker 2>Here. And it hasn't been.

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<v Speaker 3>Easy one hundred years.

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<v Speaker 4>That's man.

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<v Speaker 3>I'm a kid. I didn't do anything, you know, and uh,

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<v Speaker 3>you know that was a that was real painful, man,

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<v Speaker 3>you know, because my life was discarded as if you know,

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<v Speaker 3>like I was a piece of trash or something, you know,

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<v Speaker 3>one hundred years and I had dreams and I wanted

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<v Speaker 3>to do things. I wouldn't committing crimes.

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<v Speaker 4>You know. I was a very good young man.

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<v Speaker 2>That is what happens in so many cases. The cops

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<v Speaker 2>have a hunch, because they're so smart at the scene,

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<v Speaker 2>they have a hunch, and once they act on that hunch,

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<v Speaker 2>they sort of developed tunnel vision and they take off

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<v Speaker 2>marching in the wrong direction. And that happens in so

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<v Speaker 2>many of these wrongful convictions.

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<v Speaker 1>The opening the cell door and I'll walk down stave

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<v Speaker 1>and I actually walked downstairs to be outside. It felt

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<v Speaker 1>very strange to be, like I said, to be walking

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<v Speaker 1>without no shackles on my feet. I thought it was

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<v Speaker 1>a dream. But then again, it wasn't a dream.

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<v Speaker 4>This is a wrongful Conviction.

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<v Speaker 5>Welcome back to Wrongful Conviction with Jason Flamm that's me.

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<v Speaker 5>I'm your host, and today we have a very special

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<v Speaker 5>and unusual episode featuring the one and only John Grisham.

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<v Speaker 4>John, Welcome to the show.

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<v Speaker 2>Delighted to be here.

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<v Speaker 5>So, John, I want to talk to you about this

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<v Speaker 5>incredible TV series I just watched on Netflix, The Innocent Man,

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<v Speaker 5>which is based on the book by the same name

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<v Speaker 5>that you wrote several years ago, and it for anyone

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<v Speaker 5>who hasn't watched it, I highly recommend it because it

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<v Speaker 5>just rocked my world. How did you get involved in

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<v Speaker 5>this case in the first place, the case of Ron

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<v Speaker 5>Williamson and Dennis Fritz.

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<v Speaker 2>Yeah, by the way, thanks for having me. Delighted to

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<v Speaker 2>be here, look forward to it. And we've served together

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<v Speaker 2>on the board of the Innisis Project for probably ten

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<v Speaker 2>years now, right, yeah, quite a while, go way back.

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<v Speaker 2>I'm on that board because I wrote this book. And

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<v Speaker 2>I wrote this book because I saw an obituary in

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<v Speaker 2>the New York Times in December of two thousand and

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<v Speaker 2>four for a guy named Ron Williamson who had just

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<v Speaker 2>died obviously in Oklahoma, and he was my age, my

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<v Speaker 2>same background, everything, and he had come within five days

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<v Speaker 2>of being executed in Oklahoma for a crime for murder

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<v Speaker 2>he did not commit. And the obituary was fascinating. I mean,

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<v Speaker 2>I love New York Times obituaries because well, they don't

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<v Speaker 2>write about boring people really well, and they write about

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<v Speaker 2>people these fantastic stories of people I've you've never heard of,

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<v Speaker 2>and uh so I've always check out the Times obituaries,

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<v Speaker 2>but normally there are people in New York. But Ron's

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<v Speaker 2>story was, uh it just captured my imagination. And but

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<v Speaker 2>by the time the day was over, I had talked

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<v Speaker 2>to both of his sisters, one in Tulsa, one in Dallas,

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<v Speaker 2>and I said, hey, I'm gonna I'm going to write

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<v Speaker 2>this book, and they said whatever, and one thing led

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<v Speaker 2>to another. I took off to Oklahoma to start digging,

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<v Speaker 2>and I had no idea what I was doing. I

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<v Speaker 2>I'm not a journalist, I'm not trained in you know,

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<v Speaker 2>that type of work, and I had no idea how

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<v Speaker 2>to go about telling that a real story.

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<v Speaker 5>And this is your only nonfiction book. And it's interesting

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<v Speaker 5>because there's that classic adage the truth is changed than fiction.

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<v Speaker 5>I think you spent your life as probably the most

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<v Speaker 5>you know, prolific crime novelist, maybe ever right, and and

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<v Speaker 5>coming up with these stores. It's what you do, dreaming

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<v Speaker 5>these stories up literally, But then then you bump into

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<v Speaker 5>this one and it's beyond anything that you probably could

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<v Speaker 5>have dreamed up, right, I mean, it's interesting. On the

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<v Speaker 5>trailer for the Netflix show, I heard you say if

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<v Speaker 5>you wrote this, nobody would believe it, right.

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<v Speaker 2>That's true with a lot of these innocent stories. As

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<v Speaker 2>I have come to know over the past dozen years,

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<v Speaker 2>the facts are so incredible that first of all, I

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<v Speaker 2>couldn't dream these things up. I couldn't create these these

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<v Speaker 2>these cases because nobody can. There's so remarkably unbelievable. And

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<v Speaker 2>if you did, if you try to pass this off

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<v Speaker 2>as in a novel, it's not gonna work. A novel

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<v Speaker 2>has to be plausible. This story can be can be

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<v Speaker 2>fiction and what you know, it's it's it can be

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<v Speaker 2>science fiction, can be you know, real, you know, all

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<v Speaker 2>kinds of different genres of fiction, but it has to be.

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<v Speaker 2>There has to be a level of plausibility in the

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<v Speaker 2>story to make it work. Some of the cases we

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<v Speaker 2>deal with in the innocence world are hard to believe,

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<v Speaker 2>impossible to believe almost some of the factual scenario in

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<v Speaker 2>the case in Oklahoma, the Ron Williamson case. The murder

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<v Speaker 2>itself was easy to believe because it was a horrible

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<v Speaker 2>crime and those happen all the time. But what happened

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<v Speaker 2>after that, and how he was railroaded and convicted in

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<v Speaker 2>Ada is just a really remarkable story in the once

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<v Speaker 2>I started digging out, I couldn't stop.

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<v Speaker 5>It is a remarkable story, and in so many ways

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<v Speaker 5>and on so many different levels, the victim in this case,

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<v Speaker 5>Debbie Sue Carter, is it's a tragic. All these cases

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<v Speaker 5>are tragic, but in hers, especially as a father, it's

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<v Speaker 5>just such a horrific circumstance, which speaks to what we're

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<v Speaker 5>talking about right now, because in her case, Debbie Sue

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<v Speaker 5>Carter was raped and murdered and tortured. Her killer made

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<v Speaker 5>sure that she suffered agonizing, an agonizing death, And what

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<v Speaker 5>that speaks to is the injustice that's done to everyone,

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<v Speaker 5>her family, her memory, and everyone else when the wrong

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<v Speaker 5>person is convicted. But also what boggles my mind, John,

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<v Speaker 5>is that in a community, especially a small community like Ada,

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<v Speaker 5>you would think that even if an authority figure, a

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<v Speaker 5>police detective or whatever they had an an investigator was

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<v Speaker 5>so sort of morally bankrupt that they didn't mind, didn't

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<v Speaker 5>lose a wink of sleep convicting an innocent guy. By definition,

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<v Speaker 5>they were allowing this sick, twisted, psychotic individual who did

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<v Speaker 5>these terrible, terrible things to w su Carter to remain free.

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<v Speaker 2>Yeah, and they knew him.

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<v Speaker 4>They knew him.

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<v Speaker 2>He was a local boy. He grew up there. He

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<v Speaker 2>went to hoschool with Debbie. That's how he got an apartment.

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<v Speaker 2>He was the last person seen alive with her when

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<v Speaker 2>she was in a honky TNK late at night as

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<v Speaker 2>she was leaving, he was at her car. They were

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<v Speaker 2>arguing and she sort of shoved him away and got

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<v Speaker 2>in the car and she drove off, and there were

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<v Speaker 2>witnesses to that, and the police knew it. And a

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<v Speaker 2>few hours later he knocked on her apartment and she

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<v Speaker 2>let him in because she knew him. She didn't I

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<v Speaker 2>don't think she liked him, but wanted to be with him.

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<v Speaker 2>But because they were acquainted going to school together, he

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<v Speaker 2>had the entree, the ability to get into her apartment.

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<v Speaker 2>And once he did, you know, it was a bad night.

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<v Speaker 2>But again the police did not did not pursue him

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<v Speaker 2>the obvious person. For years, years and years of the

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<v Speaker 2>murder was unsolved. The cops were thoroughly incompetent, and at

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<v Speaker 2>the crime scene. The crime scene was horrendous because it

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<v Speaker 2>was a terrible killing. And he hung around and he

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<v Speaker 2>wrote messages with her blood on the wall and wrote

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<v Speaker 2>messages on the kitchen table with a bottle of ketchup,

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<v Speaker 2>and there was just a horrible thing. He stayed there

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<v Speaker 2>for a long time, trying to devise a way to

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<v Speaker 2>deflect or point to blame in somebody else, and anyway,

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<v Speaker 2>he was there for a long time. So it was

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<v Speaker 2>a horrific scene. And these two Keystone cops who are

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<v Speaker 2>on the scene decide, because it's so violent and it's

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<v Speaker 2>so bloody, it had to be the work of two people. Okay,

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<v Speaker 2>that was that decision. Hey, it's got to be two people.

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<v Speaker 2>We had two defendants here. And that is what happens

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<v Speaker 2>in so many cases. The cops have a hunch, because

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<v Speaker 2>they're so smart at the scene, they have a hunch,

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<v Speaker 2>and once they act on that hunch, they sort of

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<v Speaker 2>developed tunnel vision and they take off marching in the

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<v Speaker 2>wrong direction. And that happens in so many of these

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<v Speaker 2>wrongful convictions.

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<v Speaker 5>Yeah, in this case, it's fair to say that this

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<v Speaker 5>case actually came with instructions which were ignored and they

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<v Speaker 5>didn't go after the actual killer. I'm forgetting his name,

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<v Speaker 5>Glenn Gore. Glenn Gore, Right, what a name.

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<v Speaker 4>Right, He's in Gore House, Like.

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<v Speaker 2>He's serving life with no parole in Oklahoma, convicted by

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<v Speaker 2>the jury in Ada many years too late.

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<v Speaker 5>Right, I mean, talk about I mean, what an ironic

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<v Speaker 5>thing that the guy's name would be Glenn Gore. Like

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<v Speaker 5>I said, more instructions as if they were coming from

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<v Speaker 5>it and it was a local criminal. He had a record,

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<v Speaker 5>He was a bad dude. The cops were doing for drugs.

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<v Speaker 5>He was a rough family that I mean, he was

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<v Speaker 5>well known to the police, and they still didn't pursue him.

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<v Speaker 5>They didn't prosecute him until they actually had to write.

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<v Speaker 5>It became you know, it became impossible for them to

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<v Speaker 5>continue to deflect the blame from him. They sort of

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<v Speaker 5>and I've seen this in other cases, they sort of

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<v Speaker 5>protected him, right, which is you know, really hard to

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<v Speaker 5>process as to you know, I mean, I grew up

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<v Speaker 5>like most people, you know, respecting the uniform and you know, really,

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<v Speaker 5>I think we all played cops like when we were kids,

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<v Speaker 5>and you know, and I still do. I mean, I

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<v Speaker 5>still I am a person who believes in law and order,

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<v Speaker 5>and I uh, you know, I have a lot of

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<v Speaker 5>respect for most of the people in the criminal justice system.

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<v Speaker 5>But when you get bad actors like these guys, the

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<v Speaker 5>damage that they can inflict is enormous.

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<v Speaker 2>I don't know how bad they were, it's obvious how

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<v Speaker 2>incompetent they were. Uh, you know, there was some allegations

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<v Speaker 2>that these guys, there's some of the some of the

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<v Speaker 2>some of the cops there were later convicted of selling drugs,

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<v Speaker 2>and there was some evidence that Gore was selling drugs

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<v Speaker 2>and the good Gore was selling drugs with the cops,

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<v Speaker 2>and you know, there was never really a clear uh

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<v Speaker 2>path to prove that he was with the cops obviously

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<v Speaker 2>knew him. Some of the cops were shady, but still

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<v Speaker 2>just to sheer incompetence of not investigating the two league

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<v Speaker 2>cops in the case. I don't think any history with

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<v Speaker 2>drug dealing or whatever. They were pretty you know, just

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<v Speaker 2>a couple of stand up guys, uh, doing their best.

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<v Speaker 2>But the incompetence of just not even considering uh the

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<v Speaker 2>last person seeing with the victim.

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<v Speaker 4>Yeah, who became a witness against uh Ron? I guess right,

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<v Speaker 4>Yeah he was.

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<v Speaker 5>He was cleverly, I guess you could say deflected the blame,

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<v Speaker 5>as we see not infrequently in these cases where the

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<v Speaker 5>actual perpetrator uh becomes a witness for the prosecution, because

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<v Speaker 5>it's probably the simplest way to uh, you know, put

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<v Speaker 5>turn the attention away from you and onto somebody else's

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<v Speaker 5>make yourself into a witness. And that's exactly what he did,

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<v Speaker 5>and he got away with it for quite a while.

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<v Speaker 5>So in this case, you know, you talked about how

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<v Speaker 5>you were so taken with the story of Ron Williamson.

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<v Speaker 5>It is a fascinating and and sort of terrible story

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<v Speaker 5>in that this was a young man who had once

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<v Speaker 5>had so much promise right he was a He was

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<v Speaker 5>a professional baseball player, drafted by the Oakland A's and

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<v Speaker 5>seemed to have his whole life laid out in front

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<v Speaker 5>of him until he was injured, never made it to

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<v Speaker 5>the big leagues.

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<v Speaker 4>And what a strange thing to think about.

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<v Speaker 5>The cruel, sort of capricious or arbitrary nature of this

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<v Speaker 5>whole thing that he went from a major League prospect

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<v Speaker 5>to being on death row, and as you said, coming

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<v Speaker 5>within five days of being executed for a crime that

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<v Speaker 5>everyone should have known. He didn't come in, and of

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<v Speaker 5>course he lost his mind in prison and died tragically

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<v Speaker 5>soon after he was released. And there was another innocent man,

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<v Speaker 5>Dennis Fritz.

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<v Speaker 2>Dennis's crime was that he was hanging around with Ron,

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<v Speaker 2>and Ron became when Ron was growing up by the town.

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<v Speaker 2>Ron was in high school in this section of southeastern Oklahoma.

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<v Speaker 2>A lot of coaches and scouts believe that he was

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<v Speaker 2>the next Mickey Mental Mickey's small town in Oklahoma and

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<v Speaker 2>a little bit to the north of this, and Mickey was,

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<v Speaker 2>of course Mickey, but Ron was in the same mold,

0:13:08.040 --> 0:13:12.199
<v Speaker 2>big strong guy, great athlete, solid legs, could hit, and

0:13:12.800 --> 0:13:15.800
<v Speaker 2>he certainly had a huge ego. Small town guy, but

0:13:16.040 --> 0:13:19.040
<v Speaker 2>you know, he was attracting attention from the scouts, and

0:13:19.520 --> 0:13:22.520
<v Speaker 2>he had a great high school baseball coach, and they

0:13:22.600 --> 0:13:25.719
<v Speaker 2>won all these games, and Ron was the man, and

0:13:25.800 --> 0:13:27.800
<v Speaker 2>he was going to be the next Mickey Mantle. And

0:13:28.280 --> 0:13:30.679
<v Speaker 2>he got drafted by the Aids in nineteen seventy two

0:13:30.760 --> 0:13:34.319
<v Speaker 2>in the first round. They paid him somewhere between fifteen

0:13:34.320 --> 0:13:36.400
<v Speaker 2>one hundred thousand bucks for the bonus, which is not bad.

0:13:36.480 --> 0:13:39.559
<v Speaker 2>Back then, he didn't it didn't last ron very long.

0:13:39.600 --> 0:13:41.480
<v Speaker 2>He went through it pretty fast, lost most of it

0:13:41.520 --> 0:13:43.160
<v Speaker 2>in a poker game. But he went off to the

0:13:43.200 --> 0:13:45.040
<v Speaker 2>minor leagues because he was gonna make plenty of money

0:13:45.080 --> 0:13:48.240
<v Speaker 2>and you know, injuries, and he at some point he

0:13:48.320 --> 0:13:56.280
<v Speaker 2>began showing signs of some pretty unstable mental issues and

0:13:57.200 --> 0:14:02.760
<v Speaker 2>undiagnosed later diagnosed as being BiPOL or and crashed and burned,

0:14:02.840 --> 0:14:06.679
<v Speaker 2>and he never he never got over the fact the

0:14:06.800 --> 0:14:09.680
<v Speaker 2>baseball career was so important to him as a small

0:14:09.800 --> 0:14:12.599
<v Speaker 2>kid in small town boy in Oklahoma. You know, he

0:14:13.000 --> 0:14:14.760
<v Speaker 2>couldn't accept the fact that he was not gonna he

0:14:14.840 --> 0:14:16.599
<v Speaker 2>was not gonna be famous, he was not gonna be

0:14:16.600 --> 0:14:19.920
<v Speaker 2>playing in Yankee Stadium, he was not gonna be Mickey Mantle.

0:14:20.080 --> 0:14:22.640
<v Speaker 2>And it just so, it crashed, It crashed on him,

0:14:22.640 --> 0:14:27.080
<v Speaker 2>and he just he went back to Ada and acted

0:14:27.160 --> 0:14:31.920
<v Speaker 2>more and more, uh, more and more bizarre different way.

0:14:32.000 --> 0:14:35.760
<v Speaker 2>He became kind of the town not town drunk, but

0:14:36.000 --> 0:14:40.400
<v Speaker 2>kind of the town misfit, uh, unemployed, drinking too much,

0:14:40.520 --> 0:14:44.320
<v Speaker 2>partying too much, fighting too much. Uh. And he was

0:14:44.440 --> 0:14:46.920
<v Speaker 2>up and down. They they tried to get him some

0:14:47.080 --> 0:14:50.200
<v Speaker 2>help with the local mental health people. They tried their best,

0:14:50.640 --> 0:14:53.200
<v Speaker 2>but it was not enough, and he was he was

0:14:53.320 --> 0:14:55.840
<v Speaker 2>just spiraling down and he became sort of it was

0:14:55.960 --> 0:14:58.600
<v Speaker 2>it was easy to convict Ron because everybody knew it.

0:14:58.640 --> 0:15:02.480
<v Speaker 2>He became the town weirdo, the town goofball, the town

0:15:02.640 --> 0:15:04.880
<v Speaker 2>ne'er do well. That was kind of Ron Williamson. And

0:15:04.960 --> 0:15:09.520
<v Speaker 2>people for a few bucks, he would cut your grass

0:15:09.640 --> 0:15:11.960
<v Speaker 2>with an old beat up lawnmower with his shirt off.

0:15:12.440 --> 0:15:14.320
<v Speaker 2>He pushes mower up and down the street, trying to

0:15:14.360 --> 0:15:16.960
<v Speaker 2>get you know, a few jobs here and there, that

0:15:17.120 --> 0:15:21.240
<v Speaker 2>kind of life. Lived almost homeless and somebody's shed in

0:15:21.280 --> 0:15:24.080
<v Speaker 2>the backyard, and it was a hard fall for him

0:15:24.560 --> 0:15:28.440
<v Speaker 2>and it really affected him mentally. And then and then

0:15:28.520 --> 0:15:32.080
<v Speaker 2>he lived fairly close to where Debbie Sue Carter was murdered.

0:15:32.280 --> 0:15:34.920
<v Speaker 2>And the cops early on, and the cops and the

0:15:35.040 --> 0:15:39.400
<v Speaker 2>prosecutor felt for a long time like Ron was the killer.

0:15:39.680 --> 0:15:42.880
<v Speaker 2>They just believe they just again tunnel vision, They had

0:15:42.920 --> 0:15:45.320
<v Speaker 2>a hunch he was their man, and they had no proof,

0:15:46.040 --> 0:15:49.200
<v Speaker 2>but they didn't stop him. They just kind of manufactured

0:15:49.240 --> 0:15:50.360
<v Speaker 2>a case against.

0:15:50.120 --> 0:15:53.200
<v Speaker 5>Him, right There was no physical evidence connecting them to

0:15:53.280 --> 0:15:55.400
<v Speaker 5>the crime obviously because they weren't there.

0:15:55.480 --> 0:15:57.680
<v Speaker 2>You know, so well, there was physical evidence in that

0:16:00.360 --> 0:16:03.200
<v Speaker 2>this part of what was wrong with the prosecution. There

0:16:03.200 --> 0:16:06.520
<v Speaker 2>were seventeen I think seventeen scalp and pubic hair is

0:16:06.560 --> 0:16:10.680
<v Speaker 2>taken from the victim's bed crime scene, and at trial,

0:16:10.880 --> 0:16:18.120
<v Speaker 2>this you know, certified analyst with the Oklahoma Crime Lab testified.

0:16:19.360 --> 0:16:19.720
<v Speaker 5>That the.

0:16:21.560 --> 0:16:25.800
<v Speaker 2>Scalp in pubic hair matched Ron Williamson and Dennis Fritz.

0:16:26.680 --> 0:16:31.680
<v Speaker 2>So they had physical proof junk science, okay, and ten

0:16:31.760 --> 0:16:34.920
<v Speaker 2>years later all seventeen hares were excluded by DNA. There

0:16:34.960 --> 0:16:37.320
<v Speaker 2>was no DNA available in nineteen eighty seven when they

0:16:37.320 --> 0:16:40.000
<v Speaker 2>went to trial, so there was a little bit of

0:16:40.440 --> 0:16:45.520
<v Speaker 2>a little bit of physical proof. It was almost all hearsay,

0:16:46.280 --> 0:16:52.320
<v Speaker 2>jailhouse snitch, bogus testimony by cops, a dream confession, just

0:16:53.000 --> 0:16:57.800
<v Speaker 2>garbage prosecution, and the prosecutor was pushing hard. He got

0:16:58.160 --> 0:17:02.960
<v Speaker 2>a jury, local jury, they wouldn't change venue, and so

0:17:03.280 --> 0:17:05.399
<v Speaker 2>he ram runned you through a conviction.

0:17:05.960 --> 0:17:08.320
<v Speaker 5>Yeah, junk science is an important part of this too.

0:17:08.520 --> 0:17:10.560
<v Speaker 5>And you know it's interesting because I do want to

0:17:10.560 --> 0:17:12.760
<v Speaker 5>talk about the death penalty and how this affected you

0:17:13.000 --> 0:17:15.280
<v Speaker 5>and maybe your views on the death penalty. I don't

0:17:15.280 --> 0:17:17.520
<v Speaker 5>know what they were leading into this. I don't know

0:17:17.560 --> 0:17:19.560
<v Speaker 5>what they are now, but I'm interested to hear. But

0:17:20.600 --> 0:17:23.119
<v Speaker 5>the other thing is with this case, it's just so

0:17:25.840 --> 0:17:28.639
<v Speaker 5>it's so easy to put yourself in the shoes of

0:17:28.720 --> 0:17:32.359
<v Speaker 5>the people on that jury. Right, who were you know

0:17:32.800 --> 0:17:35.080
<v Speaker 5>from the town. As you said, there was no change

0:17:35.119 --> 0:17:38.560
<v Speaker 5>of venue. There's a highly publicized case, A terrifying murder

0:17:38.640 --> 0:17:40.800
<v Speaker 5>in a small community always will generate that kind of

0:17:40.960 --> 0:17:44.560
<v Speaker 5>media attention and extra pressure on the police. But I

0:17:44.680 --> 0:17:48.240
<v Speaker 5>wanted to ask you, you know, one of my goals

0:17:48.320 --> 0:17:51.000
<v Speaker 5>in doing this show. Well, my main goal in doing

0:17:51.080 --> 0:17:54.960
<v Speaker 5>this show was to educate people, all of whom everyone

0:17:54.960 --> 0:17:57.080
<v Speaker 5>who's listening right now is a potential jurors. So are

0:17:57.119 --> 0:17:59.200
<v Speaker 5>you and I I don't know who would put me

0:17:59.240 --> 0:18:00.440
<v Speaker 5>on a jury never know?

0:18:01.320 --> 0:18:03.359
<v Speaker 2>Exclude you as a defense lawyer. I'd kick you off

0:18:03.400 --> 0:18:08.040
<v Speaker 2>my jury exactly. So a defense learn so not a prosecutor.

0:18:08.240 --> 0:18:13.879
<v Speaker 5>Okay, So, so you know, my my hope is that

0:18:14.400 --> 0:18:17.480
<v Speaker 5>in doing this show, and with the now almost eight

0:18:17.560 --> 0:18:19.399
<v Speaker 5>million listens that we've had over the course of the

0:18:19.440 --> 0:18:23.520
<v Speaker 5>first seven seasons, that we have helped to educate people

0:18:23.840 --> 0:18:27.680
<v Speaker 5>so that when they are called to serve on a

0:18:27.760 --> 0:18:30.399
<v Speaker 5>jury at a criminal trial, and when they hold a

0:18:30.960 --> 0:18:34.840
<v Speaker 5>Ron Williamson or Dennis Fritz's life in their hands, and

0:18:35.359 --> 0:18:39.320
<v Speaker 5>that they will be better educated and more maybe I

0:18:39.359 --> 0:18:42.280
<v Speaker 5>would say more attentive, but maybe a little bit more skeptical.

0:18:43.640 --> 0:18:46.840
<v Speaker 4>And you know, I don't want to prevent a rightful

0:18:46.880 --> 0:18:47.919
<v Speaker 4>conviction from happening.

0:18:48.440 --> 0:18:50.800
<v Speaker 5>You know, there is the famous saying Ben Franklin said, right,

0:18:50.840 --> 0:18:53.000
<v Speaker 5>it's better that a one hundred guilty men go free

0:18:53.080 --> 0:18:56.399
<v Speaker 5>than the one innocent man should suffer. Dan's beIN Franklin

0:18:56.480 --> 0:19:00.520
<v Speaker 5>kind of a great American, And so I'm interested in

0:19:00.640 --> 0:19:03.760
<v Speaker 5>your take on that, John, what would you say to

0:19:03.960 --> 0:19:09.119
<v Speaker 5>anyone who's listening now, as having lived through this and

0:19:09.440 --> 0:19:11.280
<v Speaker 5>research that have done all this work on this case

0:19:11.440 --> 0:19:13.359
<v Speaker 5>and all the other things that you've done throughout your

0:19:13.440 --> 0:19:16.320
<v Speaker 5>career looking at the criminal justice matters, how would you

0:19:16.440 --> 0:19:19.399
<v Speaker 5>advise yourors if they're going next week into a trial.

0:19:19.800 --> 0:19:22.800
<v Speaker 5>What would you tell them that could help them to

0:19:22.920 --> 0:19:26.399
<v Speaker 5>make the best decision in the interest of justice?

0:19:26.960 --> 0:19:32.359
<v Speaker 2>Well, I would urge anybody to ask themselves the basic question,

0:19:32.640 --> 0:19:37.200
<v Speaker 2>what is the physical evidence? Where let's start with the proof.

0:19:37.880 --> 0:19:43.080
<v Speaker 2>If it is something like hair analysis or bitemark analysis

0:19:43.720 --> 0:19:48.200
<v Speaker 2>or bootprint analysis, or any one of fifteen different analyzes

0:19:48.240 --> 0:19:50.800
<v Speaker 2>that have all been proven to be rather shaky.

0:19:51.040 --> 0:19:54.399
<v Speaker 4>Entire tracksco precise stuff is all. You know.

0:19:54.440 --> 0:19:56.680
<v Speaker 2>When the FBI says that ninety five percent of its

0:19:56.800 --> 0:20:02.640
<v Speaker 2>crack hair analysts got it wrong, ninety five percent from

0:20:02.680 --> 0:20:04.800
<v Speaker 2>the FBI, you can imagine what's happening out in the States.

0:20:05.680 --> 0:20:08.399
<v Speaker 2>It's junk science. It's unreliable. So go back to the

0:20:08.480 --> 0:20:14.520
<v Speaker 2>basic proof and if a prosecution does not have hard

0:20:14.560 --> 0:20:18.040
<v Speaker 2>physical evidence, and in most cases they do. Okay, most

0:20:18.040 --> 0:20:22.760
<v Speaker 2>of these cases are not that close, but as we

0:20:22.880 --> 0:20:24.439
<v Speaker 2>know in this type of work, there are a lot

0:20:24.440 --> 0:20:28.440
<v Speaker 2>of cases where the evidence is very flimsy. Number two,

0:20:28.640 --> 0:20:30.200
<v Speaker 2>I would say, if they show up with a jail

0:20:30.240 --> 0:20:33.760
<v Speaker 2>house snitch, who is going to testify that while he

0:20:33.880 --> 0:20:36.320
<v Speaker 2>was in the sale with the defendant six months ago,

0:20:36.840 --> 0:20:39.800
<v Speaker 2>he heard the defendant give up full confession, talked about

0:20:39.840 --> 0:20:42.480
<v Speaker 2>the case, knew the facts, blah blah blah. Don't believe

0:20:42.480 --> 0:20:43.960
<v Speaker 2>a word of what the snitch is saying because the

0:20:43.960 --> 0:20:46.800
<v Speaker 2>snitches cut a deal with the prosecutor or the police

0:20:47.040 --> 0:20:50.680
<v Speaker 2>to get some time off. Snitches should not be allowed period. Okay,

0:20:52.240 --> 0:20:55.240
<v Speaker 2>you know, I would if there's a false confession, if

0:20:55.280 --> 0:21:01.640
<v Speaker 2>there's a if there's a confession, okay, asked some basic questions.

0:21:02.160 --> 0:21:05.119
<v Speaker 2>Did the defendant recant the following day as soon as

0:21:05.119 --> 0:21:06.880
<v Speaker 2>he coud get away from the cops and he recan't?

0:21:07.200 --> 0:21:10.920
<v Speaker 2>Has he recanted every day since then? And most importantly,

0:21:11.359 --> 0:21:14.680
<v Speaker 2>does his confession? Do the facts match up with the

0:21:14.800 --> 0:21:18.520
<v Speaker 2>fiscal evidence? Because in almost every false confession there's no match.

0:21:18.960 --> 0:21:21.600
<v Speaker 2>You know what if the guy confessed to he said

0:21:21.680 --> 0:21:24.280
<v Speaker 2>to get out of the room with the cops and

0:21:24.800 --> 0:21:28.240
<v Speaker 2>they are notoriously unreliable. You and I, sir, on the

0:21:28.240 --> 0:21:31.200
<v Speaker 2>Innocence Project Board, we have three hundred and seventy DNA

0:21:31.240 --> 0:21:34.480
<v Speaker 2>exonerations in the past twenty five years. Twenty five percent

0:21:34.600 --> 0:21:37.840
<v Speaker 2>involved false confessions. False confessions are a huge problem that

0:21:37.960 --> 0:21:40.880
<v Speaker 2>happen all the time. And if you're a juror, say, okay,

0:21:41.200 --> 0:21:44.840
<v Speaker 2>the guy confessed in police custody. Was a lawyer present, No,

0:21:45.320 --> 0:21:47.480
<v Speaker 2>because if the lawyer's there, he wouldn't be confessing. So

0:21:47.520 --> 0:21:50.640
<v Speaker 2>if the lawyer wasn't there, how long did the interrogation last?

0:21:51.119 --> 0:21:54.280
<v Speaker 2>Was it twelve hours throughout the night? And when he

0:21:54.359 --> 0:21:57.119
<v Speaker 2>did confess, what did he say about the facts of

0:21:57.160 --> 0:22:01.520
<v Speaker 2>the case do the matchup is pretty basic stuff, but

0:22:01.880 --> 0:22:06.359
<v Speaker 2>not all not all durors, you know, or I guess

0:22:07.720 --> 0:22:10.960
<v Speaker 2>curious enough to ask those questions. Although I got to say, Jason,

0:22:11.000 --> 0:22:13.600
<v Speaker 2>they are getting more and more skeptical because we are

0:22:13.720 --> 0:22:17.480
<v Speaker 2>seeing fewer and fewer death verdicts, far fewer death verdicts,

0:22:17.560 --> 0:22:21.000
<v Speaker 2>far fewer executions, far fewer people on death row, because

0:22:21.119 --> 0:22:24.040
<v Speaker 2>jurors are far more skeptical.

0:22:32.800 --> 0:22:35.200
<v Speaker 5>I want to harp on one point that you made,

0:22:35.240 --> 0:22:38.800
<v Speaker 5>which is that in that FBI, in the investigation that

0:22:38.880 --> 0:22:43.040
<v Speaker 5>was done into the FBI forensic analysts who testified.

0:22:42.600 --> 0:22:45.879
<v Speaker 4>In hair cases, specifically in cases where hair was.

0:22:46.000 --> 0:22:51.920
<v Speaker 5>The predominant factor leading to the conviction, they found I

0:22:51.960 --> 0:22:55.240
<v Speaker 5>think they examined almost four hundred cases, and they found that,

0:22:55.320 --> 0:22:57.639
<v Speaker 5>as you said, over ninety five percent of them, the

0:22:58.680 --> 0:23:03.440
<v Speaker 5>FBI agents or experts were wrong. But in one hundred

0:23:03.480 --> 0:23:05.320
<v Speaker 5>percent of the cases at which they were wrong, they

0:23:05.359 --> 0:23:08.320
<v Speaker 5>were wrong in favor of the prosecution. So whether they

0:23:08.359 --> 0:23:11.080
<v Speaker 5>were mistaken, it's hard to believe that they were mistaken

0:23:11.160 --> 0:23:14.720
<v Speaker 5>in all those cases because it just statistically doesn't add

0:23:14.800 --> 0:23:16.760
<v Speaker 5>up that they would every single time make a mistake

0:23:16.800 --> 0:23:20.119
<v Speaker 5>in favor of the prosecution. So I think again, we

0:23:20.320 --> 0:23:26.160
<v Speaker 5>have to really take a hard look at what's being

0:23:26.280 --> 0:23:30.840
<v Speaker 5>presented in these context think about what people's motivations are

0:23:31.160 --> 0:23:33.679
<v Speaker 5>when they're testifying. In the case of the jailhouse snitches,

0:23:33.920 --> 0:23:36.159
<v Speaker 5>it couldn't be clearer, right, And it's so interesting in

0:23:36.400 --> 0:23:41.440
<v Speaker 5>our criminal justice system. You know, everyone knows that you

0:23:41.600 --> 0:23:45.000
<v Speaker 5>can't bribe a witness, right, that's a crime, that's a felony.

0:23:45.160 --> 0:23:47.000
<v Speaker 5>You know, you can't bribe a witness. But the government

0:23:47.560 --> 0:23:50.399
<v Speaker 5>has the ability to offer the best bribe that there is.

0:23:50.480 --> 0:23:52.800
<v Speaker 5>I'm calling it a bribe. It's not called the bribe technically, right,

0:23:52.800 --> 0:23:54.639
<v Speaker 5>it's a deal. Yeah, they can offer the deal that

0:23:54.760 --> 0:23:56.440
<v Speaker 5>it's you know, you can go get out of jail

0:23:56.440 --> 0:23:59.960
<v Speaker 5>free card, right, walk out today, so or reduce charge

0:24:00.080 --> 0:24:00.960
<v Speaker 5>or whatever else they want to do.

0:24:01.440 --> 0:24:03.920
<v Speaker 4>So yeah, so that that is I'm really glad you

0:24:04.000 --> 0:24:04.520
<v Speaker 4>brought that up.

0:24:04.760 --> 0:24:07.800
<v Speaker 5>Let's talk about the death penalty because support for the

0:24:07.840 --> 0:24:11.320
<v Speaker 5>death penalty in America's at an all time low, and

0:24:11.640 --> 0:24:13.880
<v Speaker 5>I think it's the first time that more than half

0:24:13.920 --> 0:24:17.400
<v Speaker 5>of Americans are opposed to death penalty. How have your

0:24:17.520 --> 0:24:20.560
<v Speaker 5>views will you? Will you anti death penalty? Are you

0:24:20.600 --> 0:24:22.520
<v Speaker 5>anti death play? Have they evolved as a result of

0:24:22.600 --> 0:24:23.400
<v Speaker 5>dealing with this case.

0:24:23.560 --> 0:24:26.480
<v Speaker 2>Well, okay, the numbers are down, but there's still a

0:24:26.560 --> 0:24:30.560
<v Speaker 2>significant number of people in the majority of states who

0:24:30.640 --> 0:24:32.960
<v Speaker 2>are favorite. If you look at the death belt thirty

0:24:33.080 --> 0:24:37.800
<v Speaker 2>six thirty eight states, the people who live there and

0:24:37.920 --> 0:24:41.280
<v Speaker 2>vote there the majority, and it's it's you know, it's

0:24:41.320 --> 0:24:43.600
<v Speaker 2>fifty to fifty, but in some places it's slightly more

0:24:43.640 --> 0:24:46.200
<v Speaker 2>who are in favor still favor the death penalty. So

0:24:46.359 --> 0:24:49.800
<v Speaker 2>it's popular in a lot of areas. You know, where

0:24:49.840 --> 0:24:53.240
<v Speaker 2>you live, it's probably not other places. It's not California,

0:24:53.359 --> 0:24:55.359
<v Speaker 2>the biggest state that they have six hundred people on

0:24:55.440 --> 0:24:58.320
<v Speaker 2>death row, but they know they executed one person. Not

0:24:58.440 --> 0:25:00.960
<v Speaker 2>serious about it, but they you'll have death row and

0:25:01.080 --> 0:25:02.560
<v Speaker 2>it cost the mozillion bucks a year.

0:25:03.720 --> 0:25:03.920
<v Speaker 4>Yeah.

0:25:03.960 --> 0:25:06.400
<v Speaker 2>Growing up in the Deep South as a Southern Baptist,

0:25:06.600 --> 0:25:09.160
<v Speaker 2>you know that eye for an eye, that kind of stuff,

0:25:09.200 --> 0:25:12.120
<v Speaker 2>and it was it was the Old Testament version of retribution.

0:25:12.320 --> 0:25:16.720
<v Speaker 2>And we not only believe that, we we really sort

0:25:16.760 --> 0:25:20.720
<v Speaker 2>of advocated the death penalty. And we no one back

0:25:20.800 --> 0:25:24.160
<v Speaker 2>then and I can't ever remember uh was ever opposed

0:25:24.160 --> 0:25:26.560
<v Speaker 2>to the death penalty, and are many of them now.

0:25:27.880 --> 0:25:30.040
<v Speaker 2>Once I became a lawyer, though, and became into a

0:25:30.080 --> 0:25:34.000
<v Speaker 2>lot of criminal defense cases. You know, slowly I realized

0:25:34.040 --> 0:25:36.680
<v Speaker 2>that we have some pretty serious problems in the criminal

0:25:36.840 --> 0:25:40.640
<v Speaker 2>justice system, and some very serious problems with the death

0:25:40.680 --> 0:25:45.280
<v Speaker 2>penalty the way it is used. And I just, you know,

0:25:45.680 --> 0:25:48.480
<v Speaker 2>twenty five years ago, I said this, even if you

0:25:48.520 --> 0:25:51.199
<v Speaker 2>support the death penalty, you cannot support this death penalty

0:25:51.600 --> 0:25:54.920
<v Speaker 2>and the way it's used against minorities, the way it's used.

0:25:55.840 --> 0:25:59.240
<v Speaker 2>Different different states use it differently for the same crimes.

0:25:59.600 --> 0:26:03.280
<v Speaker 2>It's just it's a mess, okay. And so I'm very

0:26:03.359 --> 0:26:04.320
<v Speaker 2>much opposed.

0:26:03.920 --> 0:26:06.280
<v Speaker 5>To the argument I make to people, and I speak

0:26:06.280 --> 0:26:07.720
<v Speaker 5>to people who are in favor of the death penalty.

0:26:07.800 --> 0:26:11.600
<v Speaker 5>Is I asked them what percentage of people of innocent

0:26:11.640 --> 0:26:17.000
<v Speaker 5>people is it okay to execute? So they will say, well, no, no,

0:26:17.160 --> 0:26:19.200
<v Speaker 5>you can't execute innocent people, and I go, but you

0:26:19.320 --> 0:26:23.399
<v Speaker 5>do understand that the system is not It's far from perfect,

0:26:23.440 --> 0:26:26.000
<v Speaker 5>but it can never be perfect, even if everybody in

0:26:26.119 --> 0:26:28.560
<v Speaker 5>the system did the best job that they possibly could.

0:26:28.800 --> 0:26:30.720
<v Speaker 5>And we know there are so many different causes. There's

0:26:30.880 --> 0:26:32.760
<v Speaker 5>some of it's on the defense, right. We have defense

0:26:32.800 --> 0:26:36.600
<v Speaker 5>lawyers who slept through capital cases. We have defense lawyers

0:26:36.640 --> 0:26:39.879
<v Speaker 5>who are underpaid, they may be alcoholics. We have cases

0:26:39.960 --> 0:26:42.080
<v Speaker 5>of death people sends to death, whether the death the

0:26:42.760 --> 0:26:46.920
<v Speaker 5>the not. Too long after their verdict was rendered, their

0:26:47.080 --> 0:26:50.840
<v Speaker 5>defense attorney was disbarred or even arrested or you know,

0:26:51.840 --> 0:26:55.000
<v Speaker 5>found to be you know, in competence too kind of

0:26:55.000 --> 0:26:59.919
<v Speaker 5>a word. So my question is, even if everybody did

0:27:00.080 --> 0:27:02.080
<v Speaker 5>the best job that they could, we're still going to

0:27:02.119 --> 0:27:06.240
<v Speaker 5>make mistakes. So my question for anyone who's listening who's

0:27:06.240 --> 0:27:10.240
<v Speaker 5>still pro death penalty would be, what how many innocent

0:27:10.280 --> 0:27:12.440
<v Speaker 5>people is it okay to execute? Out of one hundred

0:27:12.520 --> 0:27:14.600
<v Speaker 5>or whatever it is, Because if your answer is none,

0:27:14.720 --> 0:27:16.160
<v Speaker 5>then you can't be in favor of the death penalty

0:27:16.200 --> 0:27:19.960
<v Speaker 5>because we know we've executed incent people. Cameron Todd, Willingham,

0:27:20.000 --> 0:27:21.760
<v Speaker 5>There's so many other Jesse to Farah, There's so many

0:27:21.800 --> 0:27:25.480
<v Speaker 5>that come to mind, and I, you know, I can't.

0:27:26.160 --> 0:27:28.000
<v Speaker 5>I don't want to live in a country that executes

0:27:28.000 --> 0:27:30.879
<v Speaker 5>innocent people. In America is it's so far behind the

0:27:30.960 --> 0:27:32.800
<v Speaker 5>rest of the civilized world in this area. You know,

0:27:32.920 --> 0:27:36.480
<v Speaker 5>we are among the top five nations and the number

0:27:36.560 --> 0:27:38.920
<v Speaker 5>of executions, and it's not it's not a good list

0:27:39.000 --> 0:27:41.040
<v Speaker 5>to be on. The other nations are not nations you'd

0:27:41.080 --> 0:27:43.679
<v Speaker 5>be proud to be associated with in that way. Western

0:27:43.720 --> 0:27:45.960
<v Speaker 5>Europe has abolished it. I mean in the rest of

0:27:45.960 --> 0:27:48.840
<v Speaker 5>the civilized world they've for some reason, they have a

0:27:48.920 --> 0:27:49.640
<v Speaker 5>much worrier I think.

0:27:49.560 --> 0:27:52.760
<v Speaker 2>It's us in Pakistan and North Korea, places.

0:27:52.480 --> 0:27:53.080
<v Speaker 4>Like that, China.

0:27:53.320 --> 0:27:53.520
<v Speaker 2>Yeah.

0:27:54.560 --> 0:27:57.640
<v Speaker 5>Yeah, So it's it's not a it's not a good

0:27:58.800 --> 0:28:01.040
<v Speaker 5>it's a it's a bad distinction, and it's something that

0:28:01.119 --> 0:28:02.960
<v Speaker 5>we can change and we must change. And you know,

0:28:03.040 --> 0:28:04.520
<v Speaker 5>we're going to keep fighting until we do.

0:28:04.800 --> 0:28:05.000
<v Speaker 1>Well.

0:28:05.560 --> 0:28:07.840
<v Speaker 2>Good thing about Jason the death Penlly is dying. It's

0:28:08.640 --> 0:28:14.080
<v Speaker 2>it's dying because not because of courageous lawmakers, not because

0:28:14.119 --> 0:28:19.679
<v Speaker 2>of courageous judges, but because of courageous jurors. And uh

0:28:20.000 --> 0:28:24.720
<v Speaker 2>nowadays the jurors as for the same reason we've reasons

0:28:24.720 --> 0:28:29.000
<v Speaker 2>we've been discussing. Because of so many high profile exonerations

0:28:29.080 --> 0:28:34.040
<v Speaker 2>where these bogus prosecutions were exposed, Jurors today are far

0:28:34.160 --> 0:28:39.920
<v Speaker 2>more skeptical about the abusive tactics used by police and

0:28:40.000 --> 0:28:43.640
<v Speaker 2>prosecutors to get convictions. That's one factor. Another factor is

0:28:43.680 --> 0:28:49.920
<v Speaker 2>that most states today are spending more money to train

0:28:50.200 --> 0:28:54.320
<v Speaker 2>defense lawyers. The defense lawyer and capital cases is far

0:28:54.560 --> 0:28:56.080
<v Speaker 2>better than it was just a few years ago, so

0:28:56.560 --> 0:28:58.600
<v Speaker 2>so that the play and field is kind of level now.

0:28:59.080 --> 0:28:59.200
<v Speaker 4>Uh.

0:28:59.320 --> 0:29:02.200
<v Speaker 2>And and when you go to trial, and in most

0:29:02.240 --> 0:29:06.400
<v Speaker 2>of your capital cases, the defendant is not only guilty,

0:29:06.440 --> 0:29:09.680
<v Speaker 2>but very guilty. The proof is there, and so it

0:29:09.840 --> 0:29:12.120
<v Speaker 2>becomes a question of how do you save this person's life?

0:29:12.160 --> 0:29:15.320
<v Speaker 2>And what happens now? Because the defense lawyers are so

0:29:15.400 --> 0:29:18.360
<v Speaker 2>much better, they are able to present to the jury

0:29:19.880 --> 0:29:22.880
<v Speaker 2>the whole picture of this defendant and where he came from,

0:29:23.400 --> 0:29:27.080
<v Speaker 2>and his background and the fact that he probably never

0:29:27.200 --> 0:29:30.280
<v Speaker 2>had a chance in life and jura, and once that

0:29:30.400 --> 0:29:33.040
<v Speaker 2>whole story is exposed in a court room, once the

0:29:33.160 --> 0:29:37.440
<v Speaker 2>jurors hear the whole story, we are seeing it weekly

0:29:37.560 --> 0:29:40.600
<v Speaker 2>in this country. They're far more willing to go with

0:29:40.720 --> 0:29:43.880
<v Speaker 2>life with no parole and spare the guy's life. They're

0:29:43.920 --> 0:29:44.960
<v Speaker 2>more sympathetic, right.

0:29:44.920 --> 0:29:46.080
<v Speaker 4>And then there's a chance to fix it.

0:29:46.360 --> 0:29:49.160
<v Speaker 5>I just finished reading the remarkable book by Richard Jaffey,

0:29:49.240 --> 0:29:52.960
<v Speaker 5>who I think he's a hero of mine. He's I think,

0:29:53.040 --> 0:29:58.360
<v Speaker 5>one more successful. He's one more death penalty reversals than

0:29:58.400 --> 0:30:01.560
<v Speaker 5>any other or appeals than any other lawyer that I

0:30:01.680 --> 0:30:05.600
<v Speaker 5>know of. And his book, the subtitles Defending the damned.

0:30:05.600 --> 0:30:08.600
<v Speaker 5>I'm trying to remember the first the actual title. It's

0:30:08.640 --> 0:30:11.200
<v Speaker 5>a wonderful book and it really speaks to what we're

0:30:11.200 --> 0:30:13.760
<v Speaker 5>talking about. I mean, you see these cases where it

0:30:14.520 --> 0:30:20.040
<v Speaker 5>would be apparent to anyone seemingly that these people were innocent.

0:30:20.280 --> 0:30:23.720
<v Speaker 5>Anthony ray Hinton is a great example of that, you know,

0:30:24.000 --> 0:30:26.600
<v Speaker 5>and going back to even the Innocent Man cases, right,

0:30:26.960 --> 0:30:29.360
<v Speaker 5>I mean, or the Innocent Man Show, because in the

0:30:29.440 --> 0:30:33.400
<v Speaker 5>show there were two different cases, right, It wasn't just

0:30:33.800 --> 0:30:34.440
<v Speaker 5>w Sue Carter.

0:30:35.280 --> 0:30:39.120
<v Speaker 2>Eighteen months later, a young lady named Denise Harroway was

0:30:40.080 --> 0:30:43.040
<v Speaker 2>abducted from a convenience store late at night where she

0:30:43.120 --> 0:30:50.000
<v Speaker 2>worked in Ada and vanished and there was no evidence,

0:30:50.040 --> 0:30:53.520
<v Speaker 2>There was no the crime scene was contaminated, the police

0:30:53.920 --> 0:30:59.160
<v Speaker 2>did not secure the crime scene, and the cashrish was open,

0:30:59.240 --> 0:31:01.960
<v Speaker 2>and she was gone, and some people had seen her

0:31:02.080 --> 0:31:05.160
<v Speaker 2>leave with a couple of sketchy guys in an old truck,

0:31:06.520 --> 0:31:08.520
<v Speaker 2>but she They couldn't find the body. They couldn't find her.

0:31:08.560 --> 0:31:11.440
<v Speaker 2>They could, they searched and searched, they couldn't. And this

0:31:11.560 --> 0:31:18.840
<v Speaker 2>went on for eighteen months, and then the police there

0:31:19.040 --> 0:31:22.120
<v Speaker 2>there was some composite police drawings that were pretty good,

0:31:22.880 --> 0:31:25.640
<v Speaker 2>and the people called in. They said that look looks

0:31:25.680 --> 0:31:28.320
<v Speaker 2>like Billy, looks like Joey, looks like Charlie, looks like

0:31:28.600 --> 0:31:31.520
<v Speaker 2>Tommy whoever. And so the cops are getting a lot

0:31:31.520 --> 0:31:35.800
<v Speaker 2>of input from from the composite drawings, and they just

0:31:35.880 --> 0:31:40.560
<v Speaker 2>sort of settled on a guy named Tommy Ward, who

0:31:40.680 --> 0:31:43.920
<v Speaker 2>was a twenty year old kid with no record, and

0:31:44.120 --> 0:31:48.160
<v Speaker 2>they called him in for interrogation, didn't tell him what,

0:31:48.480 --> 0:31:50.520
<v Speaker 2>didn't tell him why they wanted him, wanted to talk

0:31:50.600 --> 0:31:54.640
<v Speaker 2>to him, and so he goes to the police station

0:31:54.880 --> 0:31:57.120
<v Speaker 2>without any clue that that would be his last day

0:31:57.800 --> 0:32:02.560
<v Speaker 2>of freedom for the rest of his life. And they

0:32:03.360 --> 0:32:08.600
<v Speaker 2>began interrogating him, and things deteriorated quickly when he realized

0:32:08.600 --> 0:32:11.520
<v Speaker 2>they were suspicious of him. He had nothing to do

0:32:11.640 --> 0:32:14.880
<v Speaker 2>with the crime. He was nowhere near the crime scene,

0:32:14.920 --> 0:32:17.840
<v Speaker 2>he never met the victim. There's not one shred of

0:32:17.920 --> 0:32:20.960
<v Speaker 2>physical evidence that links him to the crime now or

0:32:21.040 --> 0:32:27.600
<v Speaker 2>thirty five years ago, no evidence at all. And the

0:32:27.720 --> 0:32:34.000
<v Speaker 2>interrogation went on for a long time, hours and hours NonStop,

0:32:34.120 --> 0:32:39.280
<v Speaker 2>and Tommy has said he wanted to talk to a lawyer.

0:32:40.440 --> 0:32:42.440
<v Speaker 2>That's not clear from the record. There is really no

0:32:42.560 --> 0:32:45.480
<v Speaker 2>record because it was not recorded. There were cameras in

0:32:45.560 --> 0:32:48.960
<v Speaker 2>the room, but they didn't record the bad stuff, and

0:32:50.160 --> 0:32:53.959
<v Speaker 2>Tommy finally snapped. He just snapped, which is not unusual

0:32:54.160 --> 0:32:59.000
<v Speaker 2>after eight or ten years of hours of abusive interrogation.

0:32:59.840 --> 0:33:04.240
<v Speaker 2>And Tommy said, okay, finally, you know, he said, you know,

0:33:04.440 --> 0:33:07.080
<v Speaker 2>I'm going to give these guys a story, and it's

0:33:07.080 --> 0:33:10.680
<v Speaker 2>going to be so outrageous that once they investigate it,

0:33:11.320 --> 0:33:14.920
<v Speaker 2>they'll realize I'm lying. Okay, So he just felt them

0:33:14.960 --> 0:33:19.600
<v Speaker 2>a big story about grabbing the girl, taking her out,

0:33:20.200 --> 0:33:23.680
<v Speaker 2>raping her, cutting her throat, burning her body, disposing it

0:33:23.760 --> 0:33:29.120
<v Speaker 2>over here. And while he was actually doing this, the

0:33:29.520 --> 0:33:31.960
<v Speaker 2>cops said, were where did you dispose of her bodies? So, well,

0:33:32.000 --> 0:33:33.440
<v Speaker 2>I threw it down the dish, So they had a

0:33:33.600 --> 0:33:37.040
<v Speaker 2>cops in EIGHTA would run to that location and couldn't

0:33:37.040 --> 0:33:38.840
<v Speaker 2>find a body. So he called back to the police

0:33:38.880 --> 0:33:40.960
<v Speaker 2>station and said, we can't find the body. So the

0:33:41.040 --> 0:33:43.280
<v Speaker 2>cops see tom the body's not there. Where's the body?

0:33:43.320 --> 0:33:45.160
<v Speaker 2>And they say, oh, you'd make up some other Well,

0:33:45.200 --> 0:33:47.480
<v Speaker 2>the body's over in the warehouse, you know whatever. So

0:33:47.560 --> 0:33:49.760
<v Speaker 2>the cops would go over there, Well it wasn't there. Well,

0:33:49.800 --> 0:33:52.240
<v Speaker 2>the copsure it's in the bottom of a silo that'd

0:33:52.280 --> 0:33:55.160
<v Speaker 2>go this goes on all night long. He's stupid. Cops

0:33:55.200 --> 0:33:57.720
<v Speaker 2>would runn around Ada trying to find the body because

0:33:57.720 --> 0:34:01.120
<v Speaker 2>Tommy's making stuff up. Okay, Tommy's just making stuff up

0:34:01.240 --> 0:34:06.560
<v Speaker 2>because he's crazy, he's half crazed. Okay. And finally they said, okay,

0:34:07.000 --> 0:34:11.120
<v Speaker 2>enough of that, let's have the confession. And after about

0:34:11.200 --> 0:34:14.640
<v Speaker 2>I don't know, fifteen hours, they turned the machine on

0:34:16.160 --> 0:34:19.400
<v Speaker 2>and they recorded Tommy. And you see this in the

0:34:19.520 --> 0:34:24.920
<v Speaker 2>Netflix episode where he's sitting there, punched, drunk out of

0:34:25.000 --> 0:34:27.560
<v Speaker 2>his mind and he can't get the facts straight. The

0:34:27.600 --> 0:34:30.800
<v Speaker 2>cops are feding the facts and he keeps making mistakes

0:34:31.040 --> 0:34:33.919
<v Speaker 2>and so the cops correct him on tape. You see

0:34:33.960 --> 0:34:38.080
<v Speaker 2>this in the show. I saw it, and it's I mean,

0:34:38.120 --> 0:34:42.400
<v Speaker 2>that's been reviewed by some experts who experts in false confessions,

0:34:42.400 --> 0:34:46.799
<v Speaker 2>who just shake their head at how bad the false

0:34:46.880 --> 0:34:49.360
<v Speaker 2>confession is. I mean, as far as false confessions go,

0:34:50.680 --> 0:34:53.759
<v Speaker 2>it's not even it's horrible anyway that they never found

0:34:53.760 --> 0:34:57.960
<v Speaker 2>the body, okay, but they had a confession. So they

0:34:58.080 --> 0:35:01.919
<v Speaker 2>go to trial without the body, and tom he's found

0:35:01.920 --> 0:35:07.760
<v Speaker 2>guilty of capital murder, rape and capital murder with nobody. Okay,

0:35:08.520 --> 0:35:10.799
<v Speaker 2>he goes off to death throw In Oklahoma. Six months later,

0:35:11.640 --> 0:35:17.319
<v Speaker 2>a hunter stumbled across a body in a shallow grave

0:35:17.520 --> 0:35:20.560
<v Speaker 2>a few miles from Ada, in a remote section of

0:35:22.400 --> 0:35:27.680
<v Speaker 2>the county, and they do the dental exams and it's

0:35:27.800 --> 0:35:31.680
<v Speaker 2>these airway and she'd been shot once in the back

0:35:31.719 --> 0:35:33.719
<v Speaker 2>of the head and that was the cause of death,

0:35:34.440 --> 0:35:41.360
<v Speaker 2>not burnt, not stab not you know whatever. And in

0:35:42.040 --> 0:35:46.080
<v Speaker 2>most jurisdictions, in most places in the country, once the

0:35:46.200 --> 0:35:49.839
<v Speaker 2>body was found, and once the people realized it had

0:35:49.960 --> 0:35:57.640
<v Speaker 2>nothing even remotely familiar with the confession, it's time to

0:35:57.719 --> 0:36:01.400
<v Speaker 2>call time out and rethink things. But not an Ada.

0:36:10.480 --> 0:36:12.600
<v Speaker 5>So yeah, I mean, when I think about this case,

0:36:12.680 --> 0:36:15.040
<v Speaker 5>and it's been you know, several weeks since I watched

0:36:15.080 --> 0:36:17.120
<v Speaker 5>the show, but I think back on it and I go,

0:36:19.800 --> 0:36:24.280
<v Speaker 5>how in this country could Tommy Ward and Carl Fontano

0:36:24.480 --> 0:36:28.279
<v Speaker 5>be convicted of a stabbing that was actually a shooting, right,

0:36:28.440 --> 0:36:32.520
<v Speaker 5>I mean, it wasn't even the right crime. And furthermore,

0:36:32.719 --> 0:36:35.839
<v Speaker 5>in their testimony they said that they were with another guy, right,

0:36:36.440 --> 0:36:39.279
<v Speaker 5>and who we know wasn't there because his alibi was

0:36:39.320 --> 0:36:39.759
<v Speaker 5>air tight.

0:36:40.400 --> 0:36:42.680
<v Speaker 4>So everything was wrong with this case.

0:36:42.680 --> 0:36:44.520
<v Speaker 2>Everything was wrong. Yeah, everything was wrong.

0:36:44.640 --> 0:36:49.680
<v Speaker 5>Yeah, And the tragedy is and it the human side

0:36:49.680 --> 0:36:53.600
<v Speaker 5>of this, which of course, you know, affects me and

0:36:53.640 --> 0:36:58.120
<v Speaker 5>I think anyone who's got empathy for their fellow man

0:36:58.239 --> 0:36:58.800
<v Speaker 5>or humans.

0:36:59.440 --> 0:36:59.600
<v Speaker 4>You know.

0:36:59.680 --> 0:37:03.799
<v Speaker 5>You see Tommy particularly in the in the show, who's

0:37:03.840 --> 0:37:05.919
<v Speaker 5>been in prison now for about thirty three years, thirty

0:37:05.960 --> 0:37:10.080
<v Speaker 5>four years. He was a ninety four case, and he

0:37:10.200 --> 0:37:12.600
<v Speaker 5>comes across as just sort of a sort of a

0:37:12.680 --> 0:37:14.200
<v Speaker 5>big bear of a man, but kind of like a

0:37:14.280 --> 0:37:17.279
<v Speaker 5>gentle giant, you know, and just sort of a very

0:37:19.040 --> 0:37:22.040
<v Speaker 5>just a very kind He's got a kind way about him.

0:37:22.040 --> 0:37:25.400
<v Speaker 2>You know, he's you know, he's he's a sweet guy.

0:37:25.600 --> 0:37:26.920
<v Speaker 2>He was a sweet he's a sweet boy. I mean,

0:37:26.960 --> 0:37:32.839
<v Speaker 2>he grew up in a church, big family, all devout churchgoers.

0:37:32.880 --> 0:37:35.120
<v Speaker 2>He was, you know, twenty years old. He was a

0:37:35.160 --> 0:37:36.800
<v Speaker 2>little bit on the wild side for a while. But

0:37:36.960 --> 0:37:39.919
<v Speaker 2>now after after thirty three years, thirty four years in prison,

0:37:40.000 --> 0:37:44.000
<v Speaker 2>he's he's earned his g D. He's earned his degree.

0:37:44.120 --> 0:37:48.239
<v Speaker 2>He's he's earned several Bible study awards. To the mail,

0:37:48.760 --> 0:37:53.440
<v Speaker 2>he teaches several Bible study groups. He's sort of like

0:37:53.520 --> 0:37:57.400
<v Speaker 2>the official chaplain at This guy has a perfect prison

0:37:57.480 --> 0:38:00.880
<v Speaker 2>record and he's never spilled a couple coffee in prison,

0:38:02.160 --> 0:38:06.719
<v Speaker 2>and he's a wonderful human being who sort of accepted

0:38:06.840 --> 0:38:08.960
<v Speaker 2>his fate in life that this is just, you know

0:38:09.080 --> 0:38:11.520
<v Speaker 2>what I get for some reason. I've been dealt this

0:38:11.760 --> 0:38:16.040
<v Speaker 2>hand and I'll survive it. And you know, but he's

0:38:16.400 --> 0:38:19.160
<v Speaker 2>lost his childhood, he's lost the chance to marry, have

0:38:19.200 --> 0:38:22.120
<v Speaker 2>a family. He worries about his mother, who's ninety and

0:38:22.719 --> 0:38:25.000
<v Speaker 2>obviously in the failing and he would love to see her.

0:38:25.160 --> 0:38:27.560
<v Speaker 2>But it's a huge tragedy. And the tragedy is we

0:38:27.640 --> 0:38:31.560
<v Speaker 2>talk about Jason so many times, is you get frustrated

0:38:31.640 --> 0:38:34.960
<v Speaker 2>at the at the authorities and the bogus conviction and

0:38:35.120 --> 0:38:38.239
<v Speaker 2>the you know, the cops and all the horrible things

0:38:38.280 --> 0:38:42.160
<v Speaker 2>they did. But the real killer, you know, this was

0:38:42.239 --> 0:38:45.200
<v Speaker 2>still out there, still is still out there. We have

0:38:45.239 --> 0:38:48.480
<v Speaker 2>a few suspects in mind, but these people have not

0:38:48.600 --> 0:38:52.600
<v Speaker 2>been brought to justice. Thirty five years later, yeah, thirty

0:38:52.600 --> 0:38:54.800
<v Speaker 2>four years later, they still have never been brought to

0:38:54.960 --> 0:38:58.440
<v Speaker 2>justice because the cops blew the case. And that's what

0:38:58.640 --> 0:39:02.480
<v Speaker 2>happens with awful convictions. That's another reason to be so

0:39:02.600 --> 0:39:06.040
<v Speaker 2>frustrated by them, is the real rapist and the real

0:39:06.239 --> 0:39:10.240
<v Speaker 2>murderers are left free to rome and they almost always

0:39:10.280 --> 0:39:11.040
<v Speaker 2>repeat their crimes.

0:39:11.200 --> 0:39:14.640
<v Speaker 5>They almost always do. And of course there's another victim

0:39:14.680 --> 0:39:16.239
<v Speaker 5>in this case. And when I say victim, I mean

0:39:16.280 --> 0:39:18.600
<v Speaker 5>another innocent man who was convicted, which is Carl Fontano,

0:39:18.640 --> 0:39:19.040
<v Speaker 5>who was a.

0:39:19.080 --> 0:39:19.719
<v Speaker 4>Guy who was.

0:39:21.320 --> 0:39:26.000
<v Speaker 5>You know, very clearly, you know slow he was. He

0:39:26.160 --> 0:39:29.040
<v Speaker 5>was a guy who had you know, developmental issues of

0:39:29.120 --> 0:39:32.600
<v Speaker 5>some sort. I'm not a psychologist, but you know you can.

0:39:32.920 --> 0:39:36.400
<v Speaker 5>You can watch that tape and you just you watching

0:39:36.440 --> 0:39:38.600
<v Speaker 5>that show. I want to jump through the screen and

0:39:38.800 --> 0:39:41.399
<v Speaker 5>stop the process because you're sitting there watching it kind

0:39:41.400 --> 0:39:42.960
<v Speaker 5>of reminds me of making a murder when they're interviewing

0:39:43.000 --> 0:39:47.520
<v Speaker 5>Brendan Dacy, right, because he just doesn't understand what's going on,

0:39:48.000 --> 0:39:51.360
<v Speaker 5>and he is so easily led like a lamb to

0:39:51.440 --> 0:39:54.320
<v Speaker 5>the slaughter, right. And we know that in false confession

0:39:54.440 --> 0:39:57.719
<v Speaker 5>cases it's so much well obviously it's easier to get

0:39:57.760 --> 0:40:02.120
<v Speaker 5>someone who's of limited mental acuity, but also people who

0:40:02.200 --> 0:40:05.920
<v Speaker 5>are most likely to falsely confessor, people who are teenagers

0:40:06.239 --> 0:40:08.279
<v Speaker 5>and ironically people in the military. And you had that,

0:40:08.360 --> 0:40:09.800
<v Speaker 5>of course here with the case that you were deeply

0:40:09.840 --> 0:40:13.319
<v Speaker 5>involved with with the Norfolk for because they are used

0:40:13.320 --> 0:40:16.440
<v Speaker 5>to and this is counterintuitive, but they because you know,

0:40:16.480 --> 0:40:18.359
<v Speaker 5>I think most of us think that a military guy

0:40:18.400 --> 0:40:20.040
<v Speaker 5>would be able to stand up for himself. But they're

0:40:20.160 --> 0:40:23.160
<v Speaker 5>used to obeying authority figures and orders, so they.

0:40:23.600 --> 0:40:26.520
<v Speaker 2>Respect authority figures and they kind of want to do

0:40:27.320 --> 0:40:30.800
<v Speaker 2>something to help the authority figures with their job. And

0:40:31.440 --> 0:40:34.800
<v Speaker 2>a lot of times you'll see people who are vulnerable

0:40:36.239 --> 0:40:38.360
<v Speaker 2>step way out of line to kind of help the

0:40:38.440 --> 0:40:44.200
<v Speaker 2>cops out. That's why a lot of interrogations, the police

0:40:44.320 --> 0:40:49.319
<v Speaker 2>are quick to say, okay, would you agree to a polygraph? Well,

0:40:49.520 --> 0:40:52.480
<v Speaker 2>innocent people jump in the chance to do a polygraph

0:40:52.560 --> 0:40:55.760
<v Speaker 2>to prove themselves guilty. People never do okay, but innocent

0:40:55.800 --> 0:40:58.919
<v Speaker 2>guys in interrogation, oh yeah, I'll take a polygraph, which

0:40:59.000 --> 0:41:01.320
<v Speaker 2>is fatal okay, because what the cops are allowed to

0:41:01.400 --> 0:41:05.839
<v Speaker 2>do is give the polygraph, a true, real polygraph, okay.

0:41:06.400 --> 0:41:11.320
<v Speaker 2>And usually the defendant passes the polygraph and the cops

0:41:11.360 --> 0:41:14.640
<v Speaker 2>are allowed to then lie about it. They walk back

0:41:14.680 --> 0:41:16.520
<v Speaker 2>in the room with the graph paper, they throw it

0:41:16.520 --> 0:41:18.719
<v Speaker 2>in the guy's face and so you flunk the polygraph.

0:41:19.120 --> 0:41:21.440
<v Speaker 2>Now we have proof you're lying. We can use this

0:41:21.600 --> 0:41:24.160
<v Speaker 2>in cord you get in the death penalty and just bam, bam,

0:41:24.280 --> 0:41:26.799
<v Speaker 2>bam and it's all a lie. But our Supreme Court

0:41:26.840 --> 0:41:27.600
<v Speaker 2>so that's okay.

0:41:27.680 --> 0:41:30.480
<v Speaker 5>Right, And America is I don't think a loan in this,

0:41:30.640 --> 0:41:33.799
<v Speaker 5>but is an outlier in this, and that police are

0:41:33.840 --> 0:41:36.880
<v Speaker 5>allowed to lie during the interrogation probaly, Yes.

0:41:37.880 --> 0:41:39.759
<v Speaker 2>Low they want to tell exactly any low they want

0:41:39.760 --> 0:41:44.400
<v Speaker 2>to tell during the interrogation. They can do it with impunity. Right.

0:41:44.440 --> 0:41:45.840
<v Speaker 5>So when you're sitting there going well, I would never

0:41:45.880 --> 0:41:47.560
<v Speaker 5>confess to a crime, but then they bring in they

0:41:47.600 --> 0:41:49.840
<v Speaker 5>go John, listen, man, we got your fingerprints on the

0:41:49.920 --> 0:41:52.759
<v Speaker 5>murder weapon, we got your DNA on the on the

0:41:52.880 --> 0:41:54.000
<v Speaker 5>body with we just tested.

0:41:54.080 --> 0:41:55.560
<v Speaker 4>We did a quick test, we did an instant test.

0:41:55.600 --> 0:41:57.520
<v Speaker 2>Whatever they say, right, and your two buddies next door

0:41:57.880 --> 0:42:01.000
<v Speaker 2>and several rooms have both said total truth. They've said

0:42:01.040 --> 0:42:01.800
<v Speaker 2>you pulled the trigger.

0:42:02.080 --> 0:42:02.640
<v Speaker 3>We know you did.

0:42:02.760 --> 0:42:05.200
<v Speaker 2>Okay, these gowns are testifying against you. You look at

0:42:05.200 --> 0:42:08.279
<v Speaker 2>the death penalty and and your toast man. But if

0:42:08.360 --> 0:42:10.800
<v Speaker 2>you if you'll trust us and go along with we

0:42:11.120 --> 0:42:13.719
<v Speaker 2>know the judge, we know the prosecutors. You know we

0:42:13.800 --> 0:42:15.960
<v Speaker 2>can we can help you cut a deal. But to

0:42:16.400 --> 0:42:18.960
<v Speaker 2>save your skin, you better tell us now and we'll

0:42:19.040 --> 0:42:20.359
<v Speaker 2>we'll we'll help you out right.

0:42:20.400 --> 0:42:23.319
<v Speaker 5>There's a there's a movie that actually is out now

0:42:23.920 --> 0:42:27.719
<v Speaker 5>called False Confessions that actually, uh, I'm in it because

0:42:27.719 --> 0:42:29.560
<v Speaker 5>they've they taped an episode of the podcast.

0:42:29.640 --> 0:42:30.439
<v Speaker 4>But you're in a movie.

0:42:30.800 --> 0:42:33.000
<v Speaker 5>Yeah, yeah, yeah, and you know that maybe you had

0:42:33.040 --> 0:42:35.080
<v Speaker 5>that content maybe why it hasn't become a HITCHES yet,

0:42:35.120 --> 0:42:36.719
<v Speaker 5>but it will but anyway, but no, it's it's a

0:42:36.880 --> 0:42:39.239
<v Speaker 5>it's a really good movie. And in it you see

0:42:39.320 --> 0:42:41.840
<v Speaker 5>that what they do is they they they sort of

0:42:42.080 --> 0:42:45.239
<v Speaker 5>close this circle where they finally come to you and

0:42:45.320 --> 0:42:47.160
<v Speaker 5>go listen. Now, you know that we've got all this

0:42:47.239 --> 0:42:48.920
<v Speaker 5>evidence against you, and we know that the other guy

0:42:48.960 --> 0:42:50.560
<v Speaker 5>said you did it, So you can either be a

0:42:50.640 --> 0:42:52.719
<v Speaker 5>perpetrator or a witness, which one do you want to be?

0:42:52.840 --> 0:42:53.680
<v Speaker 4>And then once so.

0:42:55.160 --> 0:42:57.520
<v Speaker 5>That speaks to another thing that I wanted to ask

0:42:57.680 --> 0:43:00.560
<v Speaker 5>for your take on as someone who's got this vast

0:43:00.920 --> 0:43:08.160
<v Speaker 5>experience chronicling writing about participating in so many different aspects

0:43:08.200 --> 0:43:12.359
<v Speaker 5>of the criminal justice system. Let's say someone's listening now

0:43:12.640 --> 0:43:14.840
<v Speaker 5>and they or a family member gets picked up for

0:43:14.920 --> 0:43:15.640
<v Speaker 5>something they didn't do.

0:43:17.200 --> 0:43:18.000
<v Speaker 4>What's your advice?

0:43:18.239 --> 0:43:20.520
<v Speaker 5>What what what's the dos and don'ts when you get

0:43:20.680 --> 0:43:23.800
<v Speaker 5>first picked up and and and remember of course, you know,

0:43:23.880 --> 0:43:26.960
<v Speaker 5>as you touched on, many people get picked up not

0:43:27.080 --> 0:43:29.239
<v Speaker 5>realizing that they're suspect. And I told their suspects, just

0:43:29.280 --> 0:43:30.360
<v Speaker 5>come to the police stage. We want to ask a

0:43:30.400 --> 0:43:32.919
<v Speaker 5>few questions about something. What would you advise.

0:43:33.880 --> 0:43:36.680
<v Speaker 2>We're assuming it's a serious crime that they are being

0:43:37.320 --> 0:43:40.279
<v Speaker 2>questioned about. I would, well, I'm a lawyer, okay, So

0:43:40.360 --> 0:43:43.280
<v Speaker 2>I would say, you know, I'll be there with my lawyer.

0:43:43.760 --> 0:43:46.520
<v Speaker 2>I'll be there with put it. You can put them off, okay,

0:43:47.320 --> 0:43:50.840
<v Speaker 2>I'll be there to more at whatever time with my lawyer.

0:43:51.719 --> 0:43:52.000
<v Speaker 4>Okay.

0:43:52.320 --> 0:43:54.879
<v Speaker 2>Is that that's the way I would start it. Most

0:43:54.960 --> 0:43:57.360
<v Speaker 2>folks don't think like that, because, you know, the innocent

0:43:57.400 --> 0:44:00.279
<v Speaker 2>people don't really worry about it. They they want to

0:44:00.320 --> 0:44:02.480
<v Speaker 2>cooperate with the cops. They want to help the cops

0:44:02.560 --> 0:44:07.719
<v Speaker 2>solve the crime. So they walk into this and oftentimes

0:44:07.760 --> 0:44:11.840
<v Speaker 2>get burned. But I would never listen. I've had in

0:44:11.920 --> 0:44:17.440
<v Speaker 2>the past twenty years, I've had two on two separate occasions,

0:44:18.280 --> 0:44:21.000
<v Speaker 2>I've had the doorbell rings. I go to the door,

0:44:21.120 --> 0:44:25.480
<v Speaker 2>say FBI agent, and they have the badge FBI. I

0:44:25.520 --> 0:44:27.640
<v Speaker 2>always kind of laugh, you know something you see on television.

0:44:27.800 --> 0:44:30.480
<v Speaker 2>I've done nothing wrong, and both times it was sort

0:44:30.480 --> 0:44:32.680
<v Speaker 2>of an ancillary issue to a bigger case somewhere that

0:44:33.120 --> 0:44:36.960
<v Speaker 2>I've never got involved in. And the guy said, Both

0:44:37.040 --> 0:44:41.319
<v Speaker 2>guys said, I'd like to ask some questions. And I said, okay,

0:44:41.400 --> 0:44:46.640
<v Speaker 2>what's it about? And before they come in the house, okay,

0:44:46.680 --> 0:44:49.000
<v Speaker 2>tell me, tim, what are you talking about? And so

0:44:49.080 --> 0:44:50.640
<v Speaker 2>they would give me some you know, the kind of

0:44:50.640 --> 0:44:53.439
<v Speaker 2>pushy they'd give me some of the background. And both

0:44:53.480 --> 0:44:56.320
<v Speaker 2>times I said, Okay, I'll be happy to talk to you.

0:44:57.080 --> 0:45:00.520
<v Speaker 2>Let me call my lawyer. Where's your office I'll be

0:45:00.600 --> 0:45:04.280
<v Speaker 2>there tomor with my attorney and we'll have a conversation.

0:45:05.719 --> 0:45:07.480
<v Speaker 2>And they don't like that. But that's as far as

0:45:07.520 --> 0:45:13.080
<v Speaker 2>they can go. Because if you if you were to inadvertently,

0:45:14.880 --> 0:45:17.880
<v Speaker 2>if tell an FBI agent something is not really true,

0:45:18.840 --> 0:45:21.800
<v Speaker 2>that's a federal crime. Okay, you can go to prison.

0:45:22.040 --> 0:45:25.240
<v Speaker 2>Martha Stewart went to jail for that. Okay, that happens.

0:45:26.200 --> 0:45:29.440
<v Speaker 2>Michael Cohen, Trump's lawyer, that's happening now. You see it

0:45:29.440 --> 0:45:32.040
<v Speaker 2>all the time. Now those those folks are on an investigation.

0:45:33.320 --> 0:45:36.399
<v Speaker 2>But if if if a FBI agent or a cop

0:45:36.440 --> 0:45:39.040
<v Speaker 2>stopped me on the street and said, hey, can we

0:45:39.080 --> 0:45:40.200
<v Speaker 2>ask you a couple of questions. I can I ask

0:45:40.239 --> 0:45:45.160
<v Speaker 2>you some questions. I would say, what's it about whatever crime,

0:45:45.360 --> 0:45:50.719
<v Speaker 2>whatever situation, whatever inquiry. Yeah, I'll talk to you. Yeah,

0:45:50.840 --> 0:45:53.200
<v Speaker 2>tell me when and where, and I'll have my lawyer there.

0:45:53.440 --> 0:45:53.560
<v Speaker 4>Right.

0:45:53.680 --> 0:45:55.279
<v Speaker 5>That's something I talk about on the show, is that,

0:45:55.920 --> 0:45:58.560
<v Speaker 5>you know, I advise people. I mean, everybody wants to

0:45:58.680 --> 0:46:00.759
<v Speaker 5>help in solving a crime, your witness to a crime.

0:46:00.800 --> 0:46:02.960
<v Speaker 5>I don't want to tell you not to, you know,

0:46:03.080 --> 0:46:04.880
<v Speaker 5>I mean we all want we all want safe streets,

0:46:04.920 --> 0:46:07.880
<v Speaker 5>we all want a safe society. But you know, at

0:46:07.920 --> 0:46:11.040
<v Speaker 5>a minute, there's an inflection point at which you know

0:46:11.200 --> 0:46:13.440
<v Speaker 5>in Marty Tankliff's a great example of this too, right.

0:46:13.520 --> 0:46:16.120
<v Speaker 5>I mean, at some point it became clear that they

0:46:16.160 --> 0:46:18.680
<v Speaker 5>weren't interviewing him as they said they were about his

0:46:18.800 --> 0:46:22.520
<v Speaker 5>business partner or anything like that, about the father's business partners.

0:46:23.640 --> 0:46:25.400
<v Speaker 5>They were they were looking at him as a suspect.

0:46:25.440 --> 0:46:28.640
<v Speaker 5>And at that point, the only words he should have said,

0:46:28.840 --> 0:46:30.239
<v Speaker 5>and I wish I could go back in time and

0:46:30.239 --> 0:46:32.680
<v Speaker 5>tell him this or I want a lawyer, and that's it,

0:46:32.920 --> 0:46:36.600
<v Speaker 5>and then the questioning stops. It took way too long

0:46:36.680 --> 0:46:39.840
<v Speaker 5>for that to happen, and they were able to extract

0:46:40.360 --> 0:46:44.000
<v Speaker 5>at least some very some form of a false confession

0:46:44.080 --> 0:46:46.040
<v Speaker 5>out of him, and the next thing you know, it

0:46:46.080 --> 0:46:48.560
<v Speaker 5>took seventeen and a half years to overturn that conviction.

0:46:48.760 --> 0:46:51.520
<v Speaker 5>And it's just it's a tragedy. And you know, we

0:46:51.640 --> 0:46:53.640
<v Speaker 5>both know Marty and how much we think of him.

0:46:53.680 --> 0:46:58.080
<v Speaker 5>I mean, what a beautiful, amazing, amazing guy, and what

0:46:58.200 --> 0:47:00.279
<v Speaker 5>a terrible fate to lose both parents and then be

0:47:00.320 --> 0:47:03.360
<v Speaker 5>blamed for it. And meanwhile, the still the real perpetrator,

0:47:03.400 --> 0:47:06.640
<v Speaker 5>who it seems abundantly clear who it is, remains remains

0:47:06.680 --> 0:47:09.359
<v Speaker 5>free and is enjoying his retirement in Florida right now.

0:47:09.480 --> 0:47:12.000
<v Speaker 5>So you know, there's that, and it just doesn't it

0:47:12.120 --> 0:47:13.359
<v Speaker 5>doesn't add up at all.

0:47:13.960 --> 0:47:16.120
<v Speaker 2>So I tell listen, I've raised two kids of their

0:47:16.120 --> 0:47:18.919
<v Speaker 2>adults now, but when they were teenagers. You know, I'm

0:47:18.960 --> 0:47:21.840
<v Speaker 2>a former criminal defense lawyer, and I've always told my

0:47:21.960 --> 0:47:23.880
<v Speaker 2>kids and my wife. If you get pulled over and

0:47:23.960 --> 0:47:27.440
<v Speaker 2>the cop says, can I search your car? The answers no,

0:47:28.400 --> 0:47:30.440
<v Speaker 2>I don't care what, I don't care where you are.

0:47:30.560 --> 0:47:33.120
<v Speaker 2>The answers know if they show up at the door, yeah,

0:47:33.120 --> 0:47:34.799
<v Speaker 2>if you if you have a search warrant, If they

0:47:34.840 --> 0:47:36.239
<v Speaker 2>come to your house and knock on the door and

0:47:36.280 --> 0:47:38.160
<v Speaker 2>want to search. Sure, give me a show me a

0:47:38.200 --> 0:47:40.560
<v Speaker 2>search warrant. If they want to interrogate you. Yeah, I'll

0:47:40.560 --> 0:47:42.520
<v Speaker 2>be happy to talk, but let me get my lawyer involved.

0:47:42.920 --> 0:47:48.719
<v Speaker 2>You don't ever trust, have a healthy distrust for people

0:47:48.719 --> 0:47:50.640
<v Speaker 2>who show up and want to talk or search.

0:47:51.480 --> 0:47:53.840
<v Speaker 5>That's that's good advice, I mean. And again, if we

0:47:54.000 --> 0:47:57.319
<v Speaker 5>can help by virtue of you being on the show. Uh,

0:47:57.800 --> 0:48:02.680
<v Speaker 5>you know, one person, avoid this horrible faith that Ron

0:48:02.719 --> 0:48:07.000
<v Speaker 5>Williams and Dennis Fritz, Carl Fontano, and Tommy Ward all

0:48:07.120 --> 0:48:09.279
<v Speaker 5>in a small town of So let's think about that too, right,

0:48:09.280 --> 0:48:12.360
<v Speaker 5>because I'm a statistical guy. You have this small little

0:48:12.480 --> 0:48:14.960
<v Speaker 5>speck of a town aight to Oklahoma. You have four

0:48:15.040 --> 0:48:17.440
<v Speaker 5>wrongful convictions inside the space of two years.

0:48:18.320 --> 0:48:20.759
<v Speaker 2>Well, actually you had six in the span of five years.

0:48:21.560 --> 0:48:23.840
<v Speaker 2>And four of the six have been exonerated by DNA.

0:48:24.560 --> 0:48:28.040
<v Speaker 2>Ron and Dennis and then Perry Lott and Cavalie Scott

0:48:28.080 --> 0:48:31.360
<v Speaker 2>were served twenty and thirty years for rapes they didn't commit.

0:48:31.680 --> 0:48:34.359
<v Speaker 2>And then that's four. With the Tommy and Carl, that's six.

0:48:34.800 --> 0:48:37.160
<v Speaker 2>They're still locked up. They have not been exonerated. And

0:48:37.400 --> 0:48:38.840
<v Speaker 2>you know, I'm not sure they're going to be.

0:48:39.080 --> 0:48:41.560
<v Speaker 5>We know they're innocent, and so yes, I'm I'm just

0:48:41.600 --> 0:48:45.279
<v Speaker 5>extrapolated six six and five years in Ada, Oklahoma, the.

0:48:45.520 --> 0:48:49.520
<v Speaker 2>Same same police, same cops, same prosecutor, same DA's office,

0:48:49.520 --> 0:48:52.080
<v Speaker 2>same everything. Six wrongful convictions in five.

0:48:52.000 --> 0:48:55.520
<v Speaker 5>Years, right, and social scientists, the studies that have been done.

0:48:55.640 --> 0:48:58.600
<v Speaker 5>Obviously it's no one can know for sure. We'll never

0:48:58.680 --> 0:49:01.759
<v Speaker 5>know for sure. But as to make that, around five

0:49:01.800 --> 0:49:04.400
<v Speaker 5>percent of people in prison in America are innocent, So

0:49:04.640 --> 0:49:07.400
<v Speaker 5>that number is pretty close to one hundred thousand people

0:49:07.560 --> 0:49:08.360
<v Speaker 5>innocent people.

0:49:08.719 --> 0:49:13.359
<v Speaker 2>Yeah, two million behind bars, which is the largest incarceration

0:49:13.560 --> 0:49:16.000
<v Speaker 2>rate in the world, this civilized world. So you have

0:49:16.080 --> 0:49:20.000
<v Speaker 2>two million behind bars, and you know, some people say

0:49:20.080 --> 0:49:23.399
<v Speaker 2>five percent is low, that's still one hundred thousand people.

0:49:23.960 --> 0:49:26.239
<v Speaker 2>But there. I didn't I was not aware of that

0:49:26.400 --> 0:49:28.640
<v Speaker 2>until I wrote the book and I realized how many

0:49:28.680 --> 0:49:30.960
<v Speaker 2>innocent people are in prison, and there are a lot

0:49:31.040 --> 0:49:31.319
<v Speaker 2>of them.

0:49:31.920 --> 0:49:35.200
<v Speaker 5>So yeah, and I encourage anyone who knows someone who

0:49:35.360 --> 0:49:39.879
<v Speaker 5>is innocent in prison to get out there and make

0:49:39.920 --> 0:49:41.880
<v Speaker 5>as much noise as you can, bring as much attention

0:49:42.040 --> 0:49:44.759
<v Speaker 5>talk about it. You never know, even if you're talking

0:49:44.760 --> 0:49:46.239
<v Speaker 5>about it in a nine or there might be somebody

0:49:46.280 --> 0:49:48.200
<v Speaker 5>sitting at the next table that might be a you know,

0:49:48.360 --> 0:49:51.600
<v Speaker 5>somebody of influence, talk to a journalist, talk to write letters.

0:49:52.440 --> 0:49:54.920
<v Speaker 5>I mean, we have to bring as much attention to

0:49:55.040 --> 0:49:58.560
<v Speaker 5>these cases as we can, and that's what we're here for. So, John,

0:49:58.680 --> 0:50:03.440
<v Speaker 5>we have a tradition on Wrongful Conviction, which is at

0:50:03.480 --> 0:50:05.440
<v Speaker 5>the end of each episode, and this is my favorite

0:50:05.480 --> 0:50:07.560
<v Speaker 5>part of the episode. I think it's one our producer.

0:50:07.600 --> 0:50:09.160
<v Speaker 5>I think it's his favorite part of the episode, and

0:50:09.239 --> 0:50:11.600
<v Speaker 5>it's our audience's favorite part. This is the part where

0:50:11.640 --> 0:50:14.600
<v Speaker 5>I stopped talking and I thank you. It'll be a

0:50:14.640 --> 0:50:16.920
<v Speaker 5>good thing, That's what I'm saying. Yeah, you can't insult

0:50:16.960 --> 0:50:18.120
<v Speaker 5>me when I are in Selton. This is the EM

0:50:18.160 --> 0:50:20.400
<v Speaker 5>and M defense I'm using right where you put all

0:50:20.440 --> 0:50:24.239
<v Speaker 5>this stuff out there first, so as he did in

0:50:24.320 --> 0:50:27.000
<v Speaker 5>the famous wrap battle Inn eight Mile. But so, first

0:50:27.000 --> 0:50:28.839
<v Speaker 5>of all, I want to thank you for being here

0:50:29.800 --> 0:50:33.040
<v Speaker 5>on Wrongful Conviction, and I want to turn the mic

0:50:33.120 --> 0:50:35.000
<v Speaker 5>over to you for final thoughts.

0:50:35.960 --> 0:50:42.160
<v Speaker 2>Final thoughts. Well, first of all, selfishly, I encourage you

0:50:42.200 --> 0:50:46.000
<v Speaker 2>to watch The Innocent Man, the Netflix series which I

0:50:46.120 --> 0:50:48.800
<v Speaker 2>had nothing to do with, although I'm the executive producer,

0:50:48.840 --> 0:50:51.960
<v Speaker 2>which means I did nothing. Every show now has fourteen

0:50:52.000 --> 0:50:54.160
<v Speaker 2>executive producers, and I still don't know what one does.

0:50:55.239 --> 0:50:56.919
<v Speaker 2>But I was involved in it a little bit because

0:50:57.000 --> 0:51:00.560
<v Speaker 2>it's from a storytelling point of view. It's a fantastic story,

0:51:01.160 --> 0:51:03.160
<v Speaker 2>very well done by somebody else. I wrote the book

0:51:03.360 --> 0:51:06.000
<v Speaker 2>you know, years ago and got all the attention I

0:51:06.080 --> 0:51:10.800
<v Speaker 2>needed for that. But the Netflix is of series is compelling,

0:51:10.880 --> 0:51:13.840
<v Speaker 2>and it's informative, and it lays out so many reasons

0:51:13.880 --> 0:51:14.920
<v Speaker 2>for wrongful convictions.

0:51:16.440 --> 0:51:19.239
<v Speaker 5>Well, thank you again for being here and you've been

0:51:19.320 --> 0:51:23.320
<v Speaker 5>listening to an extra special episode of Wrongful Conviction with

0:51:23.440 --> 0:51:24.960
<v Speaker 5>the one and only John Grisham.

0:51:25.040 --> 0:51:26.280
<v Speaker 4>John, thanks again my pleasure.

0:51:38.640 --> 0:51:41.200
<v Speaker 5>Don't forget to give us a fantastic review. Wherever you

0:51:41.320 --> 0:51:42.759
<v Speaker 5>get your podcasts.

0:51:42.480 --> 0:51:43.360
<v Speaker 4>It really helps.

0:51:43.840 --> 0:51:46.640
<v Speaker 5>And I'm a proud donor to the Innocence Project and

0:51:46.719 --> 0:51:49.399
<v Speaker 5>I really hope you'll join me in supporting this very

0:51:49.480 --> 0:51:53.400
<v Speaker 5>important cause and helping to prevent future wrongful convictions. Go

0:51:53.520 --> 0:51:56.480
<v Speaker 5>to Innocenceproject dot org to learn how to donate and

0:51:56.600 --> 0:51:59.680
<v Speaker 5>get involved. I'd like to thank our production team, Connor

0:51:59.760 --> 0:52:02.480
<v Speaker 5>Hall and Kevin Wartis. The music in the show is

0:52:02.520 --> 0:52:06.000
<v Speaker 5>by three time OSCAR nominated composer Jay Ralph be sure

0:52:06.040 --> 0:52:09.080
<v Speaker 5>to follow us on Instagram at Wrongful Conviction and on

0:52:09.200 --> 0:52:13.520
<v Speaker 5>Facebook at Wrongful Conviction podcast. Wrongful Conviction with Jason Flamm

0:52:13.760 --> 0:52:16.879
<v Speaker 5>is a production of Lava for Good Podcasts and association

0:52:17.239 --> 0:52:18.560
<v Speaker 5>with Signal Company Number one