1 00:00:05,320 --> 00:00:08,200 Speaker 1: It was the day after Thanksgiving in two thousand and two, 2 00:00:08,480 --> 00:00:12,280 Speaker 1: and Kim Hoover's Home daycare center in Columbus, Ohio was 3 00:00:12,480 --> 00:00:16,640 Speaker 1: bustling that afternoon. She was caring for three children along 4 00:00:16,640 --> 00:00:20,520 Speaker 1: with her thirteen year old son Bo. Around three o'clock, 5 00:00:20,640 --> 00:00:22,800 Speaker 1: two more girls were dropped off by their father as 6 00:00:22,880 --> 00:00:24,800 Speaker 1: he was on his way to work, two year old 7 00:00:24,840 --> 00:00:28,480 Speaker 1: Dorica and seven month old Samasha. Kim had been caring 8 00:00:28,480 --> 00:00:32,479 Speaker 1: for them for about three months. Samisha was asleep in 9 00:00:32,520 --> 00:00:34,600 Speaker 1: her car seat, so Kim moved her to a crib 10 00:00:34,680 --> 00:00:37,000 Speaker 1: and let her nap while she fed the other kids. 11 00:00:37,560 --> 00:00:40,200 Speaker 1: After a couple of hours, she went to wake the baby. 12 00:00:41,400 --> 00:00:43,239 Speaker 2: I took her snowsued off. I went to try to 13 00:00:43,240 --> 00:00:45,560 Speaker 2: give her a bottle, and that's when I realized that 14 00:00:47,120 --> 00:00:49,960 Speaker 2: she looked lethargic and that she really couldn't hold her 15 00:00:50,000 --> 00:00:50,440 Speaker 2: head up. 16 00:00:51,600 --> 00:00:55,400 Speaker 1: Alarmed, Kim quickly called nine one one and then administered CPR. 17 00:00:56,160 --> 00:01:00,000 Speaker 1: When paramedics arrived, they couldn't revive Semasha. She was rushed 18 00:01:00,120 --> 00:01:00,840 Speaker 1: to the hospital. 19 00:01:02,440 --> 00:01:05,760 Speaker 2: We never did find out that night what happened to Summasias. 20 00:01:06,240 --> 00:01:11,039 Speaker 2: And then December twentieth, I woke up, took my son 21 00:01:11,120 --> 00:01:13,680 Speaker 2: to school, and then came home and then there was 22 00:01:13,720 --> 00:01:16,679 Speaker 2: a knock on the door and Schwatt was there to 23 00:01:16,840 --> 00:01:22,319 Speaker 2: arrest me. My name is Kim Hoover. I was in 24 00:01:22,400 --> 00:01:27,560 Speaker 2: prison for nineteen years for wrongful conviction of telling a 25 00:01:27,760 --> 00:01:29,920 Speaker 2: baby that was in my daycare. 26 00:01:31,640 --> 00:01:34,600 Speaker 1: From love over good. This is wrongful conviction with Maggie 27 00:01:34,640 --> 00:01:57,720 Speaker 1: Freeling today Kim Hoover. Kim Hoover was born in nineteen 28 00:01:57,800 --> 00:02:01,640 Speaker 1: sixty three to a big, loving family. She grew up 29 00:02:01,680 --> 00:02:02,760 Speaker 1: in Columbus, Ohio. 30 00:02:04,560 --> 00:02:09,560 Speaker 2: My mother was Elizabeth Hoover. She went by Betty. My 31 00:02:09,720 --> 00:02:12,880 Speaker 2: dad was Alfred Hoover, he went by Buck. I have 32 00:02:13,000 --> 00:02:17,760 Speaker 2: two siblings, an older sister, Keina, and a younger brother, Todd. 33 00:02:19,880 --> 00:02:24,440 Speaker 2: We had a great childhood. I remember every winter we 34 00:02:24,480 --> 00:02:28,560 Speaker 2: would get our ice skate and Dad would take us 35 00:02:28,600 --> 00:02:33,000 Speaker 2: around after it had rained and froze. The ground head 36 00:02:33,080 --> 00:02:35,560 Speaker 2: froze or a pond head froze, and then we would 37 00:02:35,600 --> 00:02:39,560 Speaker 2: go ice skating and we all looked forward to that. 38 00:02:39,560 --> 00:02:41,440 Speaker 2: That was something that was fun. 39 00:02:44,080 --> 00:02:48,160 Speaker 3: My name is Keina. I'm Kim Hoover's older sister. 40 00:02:49,160 --> 00:02:51,080 Speaker 1: Tell me about growing up with Kim. Do you have 41 00:02:51,120 --> 00:02:52,520 Speaker 1: any favorite memories of her? 42 00:02:53,160 --> 00:02:56,880 Speaker 4: Typical sister stuff you know, we were twenty three months apart, 43 00:02:57,040 --> 00:03:00,720 Speaker 4: so we were just a typical leave me alone teenager 44 00:03:01,160 --> 00:03:01,639 Speaker 4: kind of thing. 45 00:03:01,680 --> 00:03:01,880 Speaker 5: You know. 46 00:03:03,600 --> 00:03:06,000 Speaker 2: Mom was to stay at home mom. She took care 47 00:03:06,040 --> 00:03:09,440 Speaker 2: of all of us. Dad worked for United Parcel Service 48 00:03:09,520 --> 00:03:10,560 Speaker 2: for years. 49 00:03:11,400 --> 00:03:14,480 Speaker 1: And then when Kim was around twelve or thirteen, her 50 00:03:14,480 --> 00:03:18,280 Speaker 1: father had an accident at work. His backbone was crushed 51 00:03:18,400 --> 00:03:21,240 Speaker 1: and he spent a year in traction at the hospital. 52 00:03:21,919 --> 00:03:24,600 Speaker 1: His recuperation took several years more. 53 00:03:25,440 --> 00:03:29,760 Speaker 2: We didn't have any income coming in, so Mom took 54 00:03:29,800 --> 00:03:32,960 Speaker 2: in kids through a daycare that she had started at 55 00:03:32,960 --> 00:03:36,640 Speaker 2: that time, and she ended up having for more than 56 00:03:36,640 --> 00:03:40,800 Speaker 2: thirty five years. She never advertised. It was always word 57 00:03:40,840 --> 00:03:44,160 Speaker 2: of mouth and family and friends. If it hadn't been 58 00:03:44,280 --> 00:03:48,360 Speaker 2: for family and friends and then Mom getting her job 59 00:03:48,480 --> 00:03:52,200 Speaker 2: with her daycare, that we probably would have lost our house. 60 00:03:53,240 --> 00:03:56,000 Speaker 1: Kim and her siblings grew up in the daycare, and 61 00:03:56,040 --> 00:03:58,840 Speaker 1: as she got into her teens, Kim enjoyed helping her 62 00:03:58,920 --> 00:04:00,360 Speaker 1: mother out. 63 00:04:00,080 --> 00:04:03,720 Speaker 2: When she wasn't able to she had a doctor's appointment 64 00:04:03,840 --> 00:04:07,400 Speaker 2: or something like that. I took over watching her daycare kids. 65 00:04:10,880 --> 00:04:14,040 Speaker 1: In her early twenties, Kim was working at Lenscrafter's as 66 00:04:14,040 --> 00:04:17,760 Speaker 1: an apprentice optician, and one day her cousin invited her 67 00:04:17,760 --> 00:04:20,520 Speaker 1: to come up north to Delaware, Ohio for a visit. 68 00:04:21,000 --> 00:04:23,120 Speaker 1: There was someone she wanted Kim to meet. 69 00:04:24,160 --> 00:04:27,160 Speaker 2: And when I went up there, I didn't actually meet 70 00:04:27,160 --> 00:04:30,240 Speaker 2: the person she wanted me to meet. I met somebody else. 71 00:04:30,800 --> 00:04:35,480 Speaker 2: And then we started dating, and about two years later 72 00:04:35,760 --> 00:04:36,679 Speaker 2: we were married. 73 00:04:39,360 --> 00:04:42,400 Speaker 1: Their son Bo was born in nineteen eighty eight, but 74 00:04:42,440 --> 00:04:45,240 Speaker 1: by then, Kim says, the marriage had run its course. 75 00:04:46,279 --> 00:04:50,000 Speaker 2: We were different people and had we dated longer, we 76 00:04:50,040 --> 00:04:54,159 Speaker 2: would have realized that and not got married. But about 77 00:04:54,200 --> 00:04:56,400 Speaker 2: two and a half years after we were married in 78 00:04:56,600 --> 00:04:59,920 Speaker 2: eighty eight, we got a divorce and I raised my 79 00:05:00,120 --> 00:05:02,520 Speaker 2: son all by myself. I had so custody. 80 00:05:03,040 --> 00:05:05,839 Speaker 1: What was that like, being a single mother with a newborn. 81 00:05:06,480 --> 00:05:08,280 Speaker 3: It was I had my mom. 82 00:05:08,800 --> 00:05:11,560 Speaker 2: She was his daycare provider while I worked and then 83 00:05:11,600 --> 00:05:15,600 Speaker 2: eventually went to school, and so kind of like the 84 00:05:15,600 --> 00:05:17,960 Speaker 2: theme of our life is that family is always there 85 00:05:18,000 --> 00:05:19,039 Speaker 2: for you no matter what. 86 00:05:20,279 --> 00:05:22,840 Speaker 1: Well raising her son, Bow, Kim was also working and 87 00:05:22,880 --> 00:05:24,080 Speaker 1: going to school. 88 00:05:24,320 --> 00:05:28,400 Speaker 2: And I was accumulating debt and I wasn't really making 89 00:05:28,480 --> 00:05:31,000 Speaker 2: a whole lot back then. So I went back to 90 00:05:31,120 --> 00:05:35,159 Speaker 2: work and I had a series of different jobs, but 91 00:05:35,240 --> 00:05:37,719 Speaker 2: I wanted to pay off my student loans, and then 92 00:05:38,720 --> 00:05:42,760 Speaker 2: life got in the way and I never did go back. 93 00:05:48,400 --> 00:05:51,840 Speaker 1: So when did you start doing the or open your 94 00:05:51,920 --> 00:05:53,400 Speaker 1: own daycare center. 95 00:05:54,560 --> 00:05:59,080 Speaker 2: I'm not exactly sure, because I just started watching kids on. 96 00:05:59,279 --> 00:06:02,240 Speaker 2: Kids were always at my house, you know, There's just 97 00:06:02,680 --> 00:06:06,039 Speaker 2: a thing where they would always be there. There was 98 00:06:06,279 --> 00:06:12,239 Speaker 2: a little boy who lived near us, and he would 99 00:06:12,279 --> 00:06:16,360 Speaker 2: always come over to my house and say he's locked 100 00:06:16,360 --> 00:06:20,600 Speaker 2: out or he forgot his key or something to that effect. 101 00:06:20,800 --> 00:06:24,839 Speaker 2: And then later on his mother had told me, she said, 102 00:06:25,279 --> 00:06:29,120 Speaker 2: there's a key right outside. He wasn't locked out or anything. 103 00:06:29,240 --> 00:06:32,159 Speaker 2: He just he didn't want to be alone, you know, 104 00:06:32,440 --> 00:06:36,800 Speaker 2: And so I was more than happy to take him 105 00:06:36,839 --> 00:06:38,200 Speaker 2: in and give him a snack. 106 00:06:38,440 --> 00:06:44,000 Speaker 1: And you know, like her mother, Kim loved kids and 107 00:06:44,120 --> 00:06:45,279 Speaker 1: was a natural caregiver. 108 00:06:45,920 --> 00:06:49,000 Speaker 2: The kids thought of my house as a safe place 109 00:06:49,120 --> 00:06:52,200 Speaker 2: to be, and I like that. I like knowing that 110 00:06:52,680 --> 00:06:56,320 Speaker 2: they were safe. I liked knowing that they could trust me, 111 00:06:56,680 --> 00:07:01,000 Speaker 2: and the families could trust me, And so it was 112 00:07:01,200 --> 00:07:07,919 Speaker 2: somewhat of a natural progression when I started my own Actually, 113 00:07:08,240 --> 00:07:10,240 Speaker 2: I went to college for and I went to Columbus 114 00:07:10,240 --> 00:07:14,720 Speaker 2: State and took classes in early childhood development. So this 115 00:07:15,040 --> 00:07:20,160 Speaker 2: was something that I planned on doing until I retired. 116 00:07:20,560 --> 00:07:28,280 Speaker 2: You know, I love kids. I should probably have managed 117 00:07:28,320 --> 00:07:32,520 Speaker 2: my business more as a business, but once they come 118 00:07:32,560 --> 00:07:35,160 Speaker 2: into my house, they become part of my family. 119 00:07:37,120 --> 00:07:40,800 Speaker 1: Over the years, Kim took care of around twenty children altogether. 120 00:07:41,360 --> 00:07:43,680 Speaker 1: In two thousand and two, she had around half a 121 00:07:43,720 --> 00:07:46,160 Speaker 1: dozen regular kids. 122 00:07:46,240 --> 00:07:51,280 Speaker 2: I had two eight week old twin daughters, and I 123 00:07:51,400 --> 00:07:58,200 Speaker 2: had their brother who was autistic. I had Samasha, her 124 00:07:58,240 --> 00:08:02,680 Speaker 2: older sister, Dureka, and I had a seven year old 125 00:08:02,720 --> 00:08:06,000 Speaker 2: boy named Euro. I had the twins in the morning 126 00:08:06,160 --> 00:08:09,560 Speaker 2: through the afternoon, and then I would have Daureka and 127 00:08:09,640 --> 00:08:14,080 Speaker 2: Samasha in the afternoon into the evening hours. 128 00:08:14,560 --> 00:08:17,920 Speaker 1: Dareka was two years old and Samisia was seven months. 129 00:08:18,400 --> 00:08:22,080 Speaker 1: Kim remembers that their mother, twenty two year old Akila Benson, 130 00:08:22,640 --> 00:08:25,240 Speaker 1: first reached out to her in September of two thousand 131 00:08:25,280 --> 00:08:25,560 Speaker 1: and two. 132 00:08:26,760 --> 00:08:30,520 Speaker 2: She came to my home and we interviewed, We talked, 133 00:08:30,920 --> 00:08:34,200 Speaker 2: and everything was fine, and she said right then and 134 00:08:34,240 --> 00:08:36,760 Speaker 2: there that she wanted me to be her daycare provider. 135 00:08:37,280 --> 00:08:39,240 Speaker 2: So a few days later she's supposed to be at 136 00:08:39,240 --> 00:08:43,040 Speaker 2: my house. I think around nine but she showed up 137 00:08:43,120 --> 00:08:46,160 Speaker 2: around like eight. I was still in the shower, so 138 00:08:46,240 --> 00:08:51,160 Speaker 2: I came running downstairs and she had pushed a double 139 00:08:51,200 --> 00:08:55,800 Speaker 2: baby stroller a good two three miles in major traffic 140 00:08:56,720 --> 00:08:59,520 Speaker 2: to my house. She had assumed that her husband was 141 00:08:59,559 --> 00:09:02,160 Speaker 2: going to give her the only working car that they had, 142 00:09:03,000 --> 00:09:05,199 Speaker 2: beings that she had to travel so far to come 143 00:09:05,240 --> 00:09:07,480 Speaker 2: to my house, but he didn't. 144 00:09:07,920 --> 00:09:10,120 Speaker 1: So Kim bundled the young mother and her kids into 145 00:09:10,120 --> 00:09:13,120 Speaker 1: her own car and drove Akila to work that morning. 146 00:09:14,000 --> 00:09:16,040 Speaker 2: I told her then, I said, for about the next 147 00:09:16,080 --> 00:09:18,199 Speaker 2: two weeks, you know, so you can get your car 148 00:09:18,240 --> 00:09:20,360 Speaker 2: pick you get your first paycheck, and get your car PIX. 149 00:09:20,440 --> 00:09:22,440 Speaker 2: I'll go ahead and give you rides. 150 00:09:22,920 --> 00:09:25,600 Speaker 1: After she dropped Aquila off at work, Kim drove the 151 00:09:25,600 --> 00:09:27,040 Speaker 1: girls back to her house. 152 00:09:27,800 --> 00:09:34,199 Speaker 2: That's when I took off samacious coat, and that's when 153 00:09:34,240 --> 00:09:38,120 Speaker 2: I realized that she had a green, runny nose, and 154 00:09:38,160 --> 00:09:41,240 Speaker 2: I assumed it was an infection. So when I went 155 00:09:41,280 --> 00:09:44,959 Speaker 2: to pick up the mother from work that day and 156 00:09:45,280 --> 00:09:48,560 Speaker 2: take them all home, I asked her about that, and 157 00:09:48,679 --> 00:09:52,400 Speaker 2: she said she was giving her medication for it. But 158 00:09:52,960 --> 00:09:56,000 Speaker 2: she kind of went into this long spiel about she's 159 00:09:56,040 --> 00:09:58,360 Speaker 2: looking for a new doctor and all of that. So 160 00:09:58,640 --> 00:09:59,440 Speaker 2: I left it at that. 161 00:10:00,240 --> 00:10:03,240 Speaker 1: But as the weeks went by, Samisha's running nose didn't 162 00:10:03,240 --> 00:10:04,080 Speaker 1: get any better. 163 00:10:05,320 --> 00:10:12,160 Speaker 2: In fact, it kept getting worse. And in the about 164 00:10:12,200 --> 00:10:15,160 Speaker 2: two and a half months that I took care of them, 165 00:10:15,760 --> 00:10:20,760 Speaker 2: I asked her on numerous occasions, and each time it 166 00:10:20,840 --> 00:10:25,440 Speaker 2: was a different excuse. She switched doctors, and then it 167 00:10:25,480 --> 00:10:28,920 Speaker 2: came down to that she's giving Samesha her medication before 168 00:10:28,960 --> 00:10:32,760 Speaker 2: she brings her. She doesn't understand why she's not getting 169 00:10:32,800 --> 00:10:33,400 Speaker 2: any better. 170 00:10:34,440 --> 00:10:38,520 Speaker 1: Years later, Kim learned through hospital paperwork that Akila had 171 00:10:38,559 --> 00:10:41,360 Speaker 1: never actually taken Semisha to the doctor. 172 00:10:43,440 --> 00:10:47,000 Speaker 2: She had lied to me about that, which to this day, 173 00:10:47,040 --> 00:10:50,280 Speaker 2: I still don't understand because I'm someone that's trying to 174 00:10:51,600 --> 00:10:56,720 Speaker 2: help her take care of her daughter, and why would 175 00:10:56,760 --> 00:10:59,640 Speaker 2: you lie to me? I don't understand that part even 176 00:10:59,679 --> 00:11:06,240 Speaker 2: today as a mother, as a parent, I don't get that. 177 00:11:09,200 --> 00:11:14,200 Speaker 2: Why do you let your child suffer? That's something that 178 00:11:14,920 --> 00:11:21,840 Speaker 2: I still think about quite often, and how I could 179 00:11:21,960 --> 00:11:27,200 Speaker 2: have I've realized she wasn't getting any better. Had the 180 00:11:27,280 --> 00:11:31,040 Speaker 2: mother said I haven't taken her, I would have driven 181 00:11:31,040 --> 00:11:35,360 Speaker 2: her over to my son's pediatrician. And now there was 182 00:11:35,440 --> 00:11:40,160 Speaker 2: no reason for that to go untreated, and there. 183 00:11:40,000 --> 00:11:44,680 Speaker 1: Were other unusual physical issues that Kim had observed in Sumasha. 184 00:11:45,520 --> 00:11:50,480 Speaker 2: She was twenty pounds at nine months. She was very 185 00:11:51,679 --> 00:11:58,280 Speaker 2: top heavy, her body was not normal, her head was massive, 186 00:11:58,800 --> 00:12:03,040 Speaker 2: her chest was massive, but her legs were still very 187 00:12:03,200 --> 00:12:07,840 Speaker 2: much premature, which she was a premature baby. Her belly 188 00:12:07,880 --> 00:12:09,880 Speaker 2: was so big that she could never get her legs 189 00:12:09,960 --> 00:12:13,000 Speaker 2: up under her to crawl to lose some of that weight. 190 00:12:14,160 --> 00:12:17,000 Speaker 1: Kim also sensed that Akila was having problems with her 191 00:12:17,080 --> 00:12:20,599 Speaker 1: husband window It started that first day when Kim was 192 00:12:20,640 --> 00:12:22,040 Speaker 1: giving her a ride to work. 193 00:12:23,120 --> 00:12:26,439 Speaker 2: She started opening up then about things that were going on. 194 00:12:27,080 --> 00:12:28,880 Speaker 2: I said to her, how long is it going to 195 00:12:28,960 --> 00:12:31,480 Speaker 2: take for you to get your car fixed? And she said, well, 196 00:12:31,559 --> 00:12:34,000 Speaker 2: I don't know. He doesn't really want me to get 197 00:12:34,000 --> 00:12:37,600 Speaker 2: it fixed, and I said, well why not, and then 198 00:12:38,280 --> 00:12:42,120 Speaker 2: she said, well, he doesn't want me working. So I 199 00:12:42,160 --> 00:12:45,720 Speaker 2: started attributing a lot of problems to that. But then 200 00:12:46,200 --> 00:12:50,520 Speaker 2: as time went on, she started telling me about the 201 00:12:50,600 --> 00:12:54,280 Speaker 2: fact that when they were in New York, he had 202 00:12:54,679 --> 00:12:59,200 Speaker 2: gone to jail for supposedly hurting Dureka. And then I 203 00:12:59,280 --> 00:13:03,760 Speaker 2: started seeing being a pattern emerging of domestic violence. 204 00:13:06,679 --> 00:13:09,920 Speaker 1: Over time, Kim began to notice signs that Akila might 205 00:13:09,960 --> 00:13:13,199 Speaker 1: be planning to leave Window. One day, Akila told her 206 00:13:13,200 --> 00:13:15,720 Speaker 1: she'd found a new apartment and asked Kim to drive 207 00:13:15,760 --> 00:13:17,080 Speaker 1: her there to sign the lease. 208 00:13:18,000 --> 00:13:20,199 Speaker 2: When I took her to sign the lease on the apartment, 209 00:13:20,520 --> 00:13:23,320 Speaker 2: she kept asking me, please don't tell him, Please don't 210 00:13:23,360 --> 00:13:26,320 Speaker 2: tell him where it is. And even at the hospital, 211 00:13:26,960 --> 00:13:29,319 Speaker 2: if you go back and look at the hospital paperwork, 212 00:13:29,440 --> 00:13:32,120 Speaker 2: it says do not give out new address to father. 213 00:13:33,520 --> 00:13:36,440 Speaker 1: Kim kept her word. She didn't tell Window about the apartment. 214 00:13:37,200 --> 00:13:41,760 Speaker 2: Within that last month, he was always asking about Akila's plans, 215 00:13:42,080 --> 00:13:45,280 Speaker 2: what is she planning on doing, Where's she going? And 216 00:13:45,360 --> 00:13:48,720 Speaker 2: I think he caught win that she was working to 217 00:13:48,720 --> 00:13:49,760 Speaker 2: get away from him. 218 00:13:51,000 --> 00:13:54,319 Speaker 1: One week in November, Akila didn't bring the girls to Kim's. 219 00:13:54,640 --> 00:13:58,680 Speaker 1: Kim didn't see them until the day after Thanksgiving. That afternoon, 220 00:13:58,800 --> 00:14:00,840 Speaker 1: she was taking care of the eight week old twin 221 00:14:00,880 --> 00:14:04,199 Speaker 1: girls and their brother, along with her son Bo, who 222 00:14:04,280 --> 00:14:09,199 Speaker 1: was thirteen. Around three o'clock, Window brought Dorika and Semisha over. 223 00:14:10,080 --> 00:14:12,160 Speaker 2: I went over and picked up Semisha, took her out 224 00:14:12,160 --> 00:14:14,720 Speaker 2: of that chair. I left her coat on her because 225 00:14:14,720 --> 00:14:16,839 Speaker 2: I had the front door open, but I put her 226 00:14:16,880 --> 00:14:21,400 Speaker 2: in a baby bed beside me on the couch, and 227 00:14:21,480 --> 00:14:23,680 Speaker 2: everything seemed normal at that time. 228 00:14:28,000 --> 00:14:30,520 Speaker 1: A couple hours later, after the other children were picked 229 00:14:30,600 --> 00:14:34,120 Speaker 1: up by their mother, Kim turned her attention to feeding Semasha. 230 00:14:35,640 --> 00:14:37,480 Speaker 2: I took her snowsuit off, I went to try to 231 00:14:37,480 --> 00:14:39,840 Speaker 2: give her a bottle, and that's when I realized that 232 00:14:41,360 --> 00:14:44,200 Speaker 2: she looked lethargic and that she really couldn't hold her 233 00:14:44,240 --> 00:14:48,040 Speaker 2: head up. So at that point in time, I'm thinking 234 00:14:48,080 --> 00:14:52,200 Speaker 2: that the green running nose and her not really wanting 235 00:14:52,240 --> 00:14:56,080 Speaker 2: to eat had turned into something worse like pneumonia. And 236 00:14:56,120 --> 00:14:59,360 Speaker 2: at that point in time, I wasn't calling the parents. 237 00:15:00,080 --> 00:15:00,920 Speaker 2: Called nine to one on. 238 00:15:01,960 --> 00:15:05,000 Speaker 1: The operator told Kim to try doing CPR and Samsha, 239 00:15:05,480 --> 00:15:09,280 Speaker 1: but she didn't revive. When the paramedics arrived, they took 240 00:15:09,280 --> 00:15:13,760 Speaker 1: the baby straight to Columbus Children's Hospital. Meanwhile, police were 241 00:15:13,800 --> 00:15:16,680 Speaker 1: questioning Kim about Semisha's parents. 242 00:15:17,440 --> 00:15:20,680 Speaker 2: They kept asking about Window. They kept asking had I 243 00:15:20,720 --> 00:15:23,240 Speaker 2: met him, and I said, yeah, you know, I wasn't 244 00:15:23,240 --> 00:15:26,280 Speaker 2: really thrilled with him and I didn't want to deal 245 00:15:26,320 --> 00:15:26,960 Speaker 2: with him. 246 00:15:27,320 --> 00:15:29,800 Speaker 1: The police told her to call the baby's mother to 247 00:15:29,840 --> 00:15:30,480 Speaker 1: meet them there. 248 00:15:31,200 --> 00:15:34,160 Speaker 2: Well, I was her ride, So I said, I have 249 00:15:34,240 --> 00:15:37,200 Speaker 2: to go get her. She doesn't have a way, and 250 00:15:37,280 --> 00:15:40,920 Speaker 2: so I went to pick her up, and her and 251 00:15:41,040 --> 00:15:44,520 Speaker 2: my son and Dareka all drove in the car to 252 00:15:44,600 --> 00:15:45,320 Speaker 2: the hospital. 253 00:15:46,240 --> 00:15:49,320 Speaker 1: Kim and the hospital social worker tried to get Aquila 254 00:15:49,440 --> 00:15:52,200 Speaker 1: to talk to the detectives about what had been going 255 00:15:52,240 --> 00:15:53,440 Speaker 1: on with Window. 256 00:15:53,720 --> 00:15:56,840 Speaker 2: And she wouldn't do it. She laid on the couch 257 00:15:56,920 --> 00:16:00,200 Speaker 2: with her coat over her head and kept saying she 258 00:16:00,280 --> 00:16:03,680 Speaker 2: wanted to go home. She hadn't been in her daughter's room, 259 00:16:03,840 --> 00:16:08,400 Speaker 2: she hadn't seen her daughter. I ended up calling Aquila's mother. 260 00:16:09,160 --> 00:16:12,600 Speaker 2: We ended up taking Aquila home. For whatever reason, she 261 00:16:12,600 --> 00:16:14,440 Speaker 2: wouldn't stay at the hospital. 262 00:16:15,280 --> 00:16:18,440 Speaker 1: Kim told the detectives what she'd observed about Samisha's health 263 00:16:18,480 --> 00:16:21,800 Speaker 1: over the past two months, but they wanted to know more. 264 00:16:22,960 --> 00:16:27,840 Speaker 2: They asked me more about Akila and windows relationship, and 265 00:16:27,880 --> 00:16:30,280 Speaker 2: I told him what I knew at the time. You 266 00:16:30,320 --> 00:16:33,160 Speaker 2: know that she was trying to get away from him 267 00:16:33,160 --> 00:16:35,880 Speaker 2: and all of that, And at that point in time, 268 00:16:36,560 --> 00:16:40,160 Speaker 2: he said, well, we've already got your statements. We need 269 00:16:40,160 --> 00:16:44,560 Speaker 2: to deal with the parents, So you guys you're free 270 00:16:44,600 --> 00:16:51,680 Speaker 2: to go. You know, thank you for bringing her. We 271 00:16:51,800 --> 00:16:54,920 Speaker 2: never did find out that night what happened to Samasha's 272 00:16:55,000 --> 00:16:57,720 Speaker 2: I just kept watching the news like everybody else to 273 00:16:57,760 --> 00:17:03,320 Speaker 2: see what was going on. And then December twentieth, I 274 00:17:03,400 --> 00:17:06,760 Speaker 2: woke up, took my son to school, took it to 275 00:17:06,800 --> 00:17:10,520 Speaker 2: his bus stop, and then came home and then there 276 00:17:10,520 --> 00:17:13,440 Speaker 2: was a knock on the door and Schwat was there 277 00:17:13,480 --> 00:17:14,199 Speaker 2: to arrest me. 278 00:17:33,600 --> 00:17:36,520 Speaker 1: You're listening to Wrongful Conviction with Maggie Freeling. You can 279 00:17:36,560 --> 00:17:39,600 Speaker 1: listen to this and all the Lava for Good podcasts 280 00:17:39,760 --> 00:17:43,080 Speaker 1: one week early and ad free by subscribing to Lava 281 00:17:43,119 --> 00:17:53,080 Speaker 1: for Good Plus on Apple Podcasts. 282 00:17:55,280 --> 00:17:57,960 Speaker 5: From minute one, Kim has said she did not commit 283 00:17:58,000 --> 00:17:58,520 Speaker 5: this crime. 284 00:18:00,080 --> 00:18:03,520 Speaker 1: This is Joanna Sanchez, director of the Wrongful Conviction Project 285 00:18:03,560 --> 00:18:06,800 Speaker 1: at the Ohio Public Defender's Office. 286 00:18:06,880 --> 00:18:10,760 Speaker 5: Kim has always said this child collapsed in my care 287 00:18:11,000 --> 00:18:13,879 Speaker 5: and unfortunately we weren't able to save her, but that 288 00:18:14,280 --> 00:18:16,680 Speaker 5: she did not harm this child. 289 00:18:17,560 --> 00:18:21,560 Speaker 1: At the hospital, Semisha had been treated by doctor Ellen McManus. 290 00:18:22,080 --> 00:18:24,600 Speaker 1: A CT scan showed that the baby had a skull 291 00:18:24,680 --> 00:18:29,680 Speaker 1: fracture and blood across the brain. Ultimately, doctor McManus diagnosed 292 00:18:29,720 --> 00:18:33,400 Speaker 1: Semasha with SBS shaken Baby syndrome. 293 00:18:34,760 --> 00:18:38,040 Speaker 5: Twenty years ago, the understanding of shaken baby syndrome and 294 00:18:38,119 --> 00:18:42,360 Speaker 5: abusive head trauma was very different than what it is today. Particularly, 295 00:18:42,359 --> 00:18:45,680 Speaker 5: the doctors would look for three things which were retinal hemorrhaging, 296 00:18:46,040 --> 00:18:49,040 Speaker 5: hemorrhage on the brain, and brain swelling. And so when 297 00:18:49,040 --> 00:18:51,840 Speaker 5: they saw those three things, the presumption was a child 298 00:18:51,880 --> 00:18:54,600 Speaker 5: was a victim of shaken baby syndrome. As soon as 299 00:18:54,600 --> 00:18:57,000 Speaker 5: the child would shake in within about fifteen minutes, the 300 00:18:57,040 --> 00:18:59,600 Speaker 5: belief was that they would go into distress. And what 301 00:18:59,640 --> 00:19:02,280 Speaker 5: that meant and the criminal context is really the last 302 00:19:02,320 --> 00:19:06,040 Speaker 5: adult with the child was always the suspect and always 303 00:19:06,040 --> 00:19:08,919 Speaker 5: the person who was blamed for what happened to the child. 304 00:19:09,440 --> 00:19:11,720 Speaker 5: And that's exactly what happened in Kim's case. 305 00:19:13,240 --> 00:19:15,880 Speaker 1: When the officers arrived at Kim's house to arrest her, 306 00:19:16,240 --> 00:19:17,959 Speaker 1: she was in complete shock. 307 00:19:19,359 --> 00:19:22,960 Speaker 2: I couldn't even talk, and then they handcuffed me in 308 00:19:23,040 --> 00:19:26,600 Speaker 2: the back and they drove me to the I guess 309 00:19:26,680 --> 00:19:31,359 Speaker 2: downtown to the Sheriff's office or somewhere. I was trying 310 00:19:31,400 --> 00:19:34,800 Speaker 2: to wrap my brain around being arrested. 311 00:19:35,760 --> 00:19:37,439 Speaker 4: I mean the phone call, you know, we got the 312 00:19:37,440 --> 00:19:41,960 Speaker 4: phone call and then everything just like went off the rails. 313 00:19:42,760 --> 00:19:45,320 Speaker 1: Here's Kim's sister, Keina again. 314 00:19:45,960 --> 00:19:47,520 Speaker 4: I don't even know how to explain it. I mean, 315 00:19:47,560 --> 00:19:49,359 Speaker 4: we just didn't believe it. There's just no way that 316 00:19:49,960 --> 00:19:53,680 Speaker 4: it was true. There's no possible way that it happened. 317 00:19:54,359 --> 00:19:56,280 Speaker 4: And heard her daycare. 318 00:19:55,960 --> 00:19:59,119 Speaker 3: Like she didn't do it. Yeah, they got their facts wrong. 319 00:20:00,119 --> 00:20:04,000 Speaker 2: There were all kinds of news photographers and all that. 320 00:20:04,040 --> 00:20:07,680 Speaker 2: They're taking pictures and yelling things, you know, trying to 321 00:20:07,720 --> 00:20:10,800 Speaker 2: get me to talk to them. And then they ushered 322 00:20:10,840 --> 00:20:16,160 Speaker 2: me into the jail and your strip searched your pictures, 323 00:20:16,200 --> 00:20:20,280 Speaker 2: taken your fingerprints, all of that stuff. And then you're 324 00:20:20,320 --> 00:20:24,639 Speaker 2: stuck in a room with other people that have been arrested, 325 00:20:24,680 --> 00:20:29,880 Speaker 2: and time just gets away from you then because there 326 00:20:29,920 --> 00:20:32,560 Speaker 2: isn't a clock that you can look at. I don't 327 00:20:32,600 --> 00:20:36,439 Speaker 2: remember if it was daytime or nighttime or whatever, but 328 00:20:36,600 --> 00:20:37,960 Speaker 2: I spent a lot of time there. 329 00:20:41,960 --> 00:20:45,639 Speaker 1: On December thirtieth, two thousand and two, Kim was indicted 330 00:20:45,680 --> 00:20:51,919 Speaker 1: for Samasha's murder. Kim went to trial in Franklin County 331 00:20:51,960 --> 00:20:55,120 Speaker 1: Court in November of two thousand and three, and as always, 332 00:20:55,480 --> 00:20:58,159 Speaker 1: her family was there to support her. 333 00:20:58,880 --> 00:21:02,000 Speaker 4: I remember seeing her being brought out in handcuffs, and 334 00:21:02,040 --> 00:21:03,880 Speaker 4: that was that was the hardest thing. 335 00:21:03,960 --> 00:21:07,879 Speaker 3: Anybody could see. You know, your sister would be like that. 336 00:21:08,359 --> 00:21:10,440 Speaker 3: You know she I could tell she was upset. I 337 00:21:10,480 --> 00:21:11,960 Speaker 3: could tell she she was angry. 338 00:21:13,000 --> 00:21:17,320 Speaker 4: The whole trial was it was like a blur now 339 00:21:17,320 --> 00:21:19,040 Speaker 4: that you look back on it, because you know, I don't. 340 00:21:18,880 --> 00:21:20,160 Speaker 3: Want to remember the bad stuff. 341 00:21:20,840 --> 00:21:22,399 Speaker 4: I don't want to remember any of the bad stuff, 342 00:21:22,440 --> 00:21:24,479 Speaker 4: but you know, you got to, you gotta think about 343 00:21:24,640 --> 00:21:26,760 Speaker 4: the past. 344 00:21:28,240 --> 00:21:32,800 Speaker 5: Kim's trial was very heavily medical based, so it was 345 00:21:32,800 --> 00:21:35,080 Speaker 5: really medical testimony on both sides. 346 00:21:35,960 --> 00:21:39,760 Speaker 1: The prosecution's primary witnesses were doctor McManus, the doctor who 347 00:21:39,800 --> 00:21:43,480 Speaker 1: had treated Samasha, and doctor Charles Johnson, head of the 348 00:21:43,520 --> 00:21:45,800 Speaker 1: child abuse team at Children's Hospital. 349 00:21:46,880 --> 00:21:51,120 Speaker 5: They both testified that the child had these three symptoms 350 00:21:51,160 --> 00:21:53,360 Speaker 5: and that that meant it had to be shaken baby syndrome. 351 00:21:53,560 --> 00:21:57,439 Speaker 5: They also called a deputy coroner, doctor Patrick Fardell, to 352 00:21:57,520 --> 00:22:00,480 Speaker 5: testify at trial, and he provided similar test so he 353 00:22:00,480 --> 00:22:03,600 Speaker 5: said he performed the autopsy at that time. He said 354 00:22:03,600 --> 00:22:06,080 Speaker 5: he hadn't noticed that the child had any pre existing 355 00:22:06,119 --> 00:22:09,560 Speaker 5: injuries and that he believed that this was shaking baby syndrome. 356 00:22:11,600 --> 00:22:15,800 Speaker 2: It was very hard to listen to At times. I 357 00:22:15,840 --> 00:22:21,000 Speaker 2: felt like I had to zone out because It was 358 00:22:21,119 --> 00:22:23,920 Speaker 2: too much for me for anyone to think that I 359 00:22:23,960 --> 00:22:26,679 Speaker 2: could hurt anyone. I've never heard anyone in my life, 360 00:22:26,880 --> 00:22:31,000 Speaker 2: and for someone to make the accusation that I could 361 00:22:31,040 --> 00:22:34,800 Speaker 2: hurt a child, it takes away from who you are. 362 00:22:35,680 --> 00:22:37,919 Speaker 3: I can't even imagine what she's going through. You know, 363 00:22:37,960 --> 00:22:39,560 Speaker 3: you're trying to think, how is she going through this, 364 00:22:39,720 --> 00:22:40,840 Speaker 3: What's what's in her mind? 365 00:22:41,440 --> 00:22:44,280 Speaker 4: She would look over at us and we would smile 366 00:22:44,400 --> 00:22:45,320 Speaker 4: and you know, let her know. 367 00:22:45,480 --> 00:22:47,320 Speaker 3: I guess just letting her know that we were there 368 00:22:47,560 --> 00:22:50,360 Speaker 3: helped her out a lot, you know, But there wasn't 369 00:22:50,400 --> 00:22:55,000 Speaker 3: nothing you could do. I mean, it was weird. Like 370 00:22:55,040 --> 00:22:57,040 Speaker 3: I said, I've never really something you see on TV, 371 00:22:57,119 --> 00:22:57,879 Speaker 3: but worse, you know. 372 00:22:58,960 --> 00:23:03,760 Speaker 2: I assumed that my attorney would be there to make 373 00:23:03,800 --> 00:23:07,600 Speaker 2: sure that things were put right, that the evidence would 374 00:23:07,640 --> 00:23:18,880 Speaker 2: come out, but that really didn't happen. None of their 375 00:23:19,000 --> 00:23:25,000 Speaker 2: hospital paperwork, their reports, their findings, anything were ever brought up. 376 00:23:25,480 --> 00:23:29,320 Speaker 2: Nobody could understand that we had expected that to be 377 00:23:29,400 --> 00:23:33,800 Speaker 2: put into trial and it wasn't, and why it wasn't 378 00:23:34,160 --> 00:23:38,600 Speaker 2: refuted by my own attorney. And that's one thing that 379 00:23:39,640 --> 00:23:42,639 Speaker 2: I think needs to truly be looked at, not just 380 00:23:42,680 --> 00:23:46,160 Speaker 2: in my case. But when we're talking about how people 381 00:23:46,200 --> 00:23:49,800 Speaker 2: get wrongfully convicted, if you don't have the true evidence 382 00:23:49,840 --> 00:23:53,520 Speaker 2: in front of you, how do you know what is 383 00:23:53,560 --> 00:24:02,879 Speaker 2: being said by people on the stand is actually true. 384 00:24:06,680 --> 00:24:10,520 Speaker 5: Kim's defense was that she hadn't harmed this child, that 385 00:24:10,600 --> 00:24:13,600 Speaker 5: this child potentially had been harmed, but it did not 386 00:24:13,720 --> 00:24:17,160 Speaker 5: happen in Kim's care, And so she had her own 387 00:24:17,160 --> 00:24:20,760 Speaker 5: expert who testified by deposition, and what he said was 388 00:24:20,760 --> 00:24:22,919 Speaker 5: that he did believe it was shaken baby syndrome, but 389 00:24:22,960 --> 00:24:27,280 Speaker 5: that the injuries may have occurred hours earlier. A critical 390 00:24:27,320 --> 00:24:31,040 Speaker 5: component of that defense was that the child's parents had 391 00:24:31,080 --> 00:24:33,920 Speaker 5: a history of domestic violence, and so there was evidence 392 00:24:33,920 --> 00:24:37,840 Speaker 5: put forth about that history at Kim's trial. So there 393 00:24:37,960 --> 00:24:40,600 Speaker 5: was police reports documenting a number of calls out to 394 00:24:40,640 --> 00:24:45,639 Speaker 5: the family's house, including incidents where each parent had harmed 395 00:24:45,680 --> 00:24:48,480 Speaker 5: the other, but also an incident or two where the 396 00:24:48,520 --> 00:24:51,800 Speaker 5: children had been harmed. So, for example, one was a 397 00:24:51,800 --> 00:24:55,119 Speaker 5: police report that Samasha's older sister had been shaken, and 398 00:24:55,200 --> 00:24:59,120 Speaker 5: so we knew that there was this history of police 399 00:24:59,119 --> 00:25:02,479 Speaker 5: activity at the home. But in between the family, you know, 400 00:25:02,520 --> 00:25:05,199 Speaker 5: I think as far as the defense, the father was 401 00:25:05,320 --> 00:25:09,040 Speaker 5: the alternate suspect as far as the prosecution, though, they 402 00:25:09,080 --> 00:25:12,639 Speaker 5: had this medical evidence that they believed said that the 403 00:25:12,720 --> 00:25:15,320 Speaker 5: child would have gone into distress, you know, fifteen twenty 404 00:25:15,400 --> 00:25:17,600 Speaker 5: minutes after she was injured, and so as far as 405 00:25:17,600 --> 00:25:21,240 Speaker 5: they were concerned, he was completely eliminated as a suspect 406 00:25:21,240 --> 00:25:23,959 Speaker 5: at that point because of that sort of narrow understanding 407 00:25:24,000 --> 00:25:26,439 Speaker 5: of the timing of these injuries, which now we know 408 00:25:26,800 --> 00:25:27,520 Speaker 5: is inaccurate. 409 00:25:28,840 --> 00:25:31,440 Speaker 1: Kim made the decision to testify on her own behalf. 410 00:25:32,160 --> 00:25:33,879 Speaker 1: She says she had nothing to hide. 411 00:25:34,960 --> 00:25:37,560 Speaker 2: I thought when I testified that I would be able 412 00:25:37,680 --> 00:25:40,480 Speaker 2: to bring out the truth. I thought that I would 413 00:25:40,480 --> 00:25:44,479 Speaker 2: be able to explain some things that didn't make sense 414 00:25:44,760 --> 00:25:49,520 Speaker 2: or that were wrong. Trying to explain that I didn't 415 00:25:49,880 --> 00:25:52,840 Speaker 2: hurt a child in front of people that don't know 416 00:25:53,000 --> 00:25:59,400 Speaker 2: you. You have to, really, they're holding your fate in your hands. 417 00:26:00,840 --> 00:26:02,919 Speaker 5: I think, you know, it's hard to look back and 418 00:26:03,000 --> 00:26:05,719 Speaker 5: see what was a jury thinking when they reached a verdict. 419 00:26:05,760 --> 00:26:07,879 Speaker 5: But I think, you know, what was so critical in 420 00:26:07,920 --> 00:26:11,360 Speaker 5: this case was that they were hearing from doctors who 421 00:26:11,440 --> 00:26:14,160 Speaker 5: essentially told them this couldn't be any other way. 422 00:26:19,040 --> 00:26:23,000 Speaker 2: I can't really fault the jury because the jury did 423 00:26:23,040 --> 00:26:28,399 Speaker 2: not hear the full truth of the matter. They only 424 00:26:28,480 --> 00:26:32,240 Speaker 2: heard basically one side, since my attorney really did not 425 00:26:33,320 --> 00:26:37,560 Speaker 2: or was not prepared or did not understand the medical 426 00:26:38,160 --> 00:26:44,960 Speaker 2: issues enough to refute them. 427 00:26:45,080 --> 00:26:48,400 Speaker 1: On November seventh, two thousand and three, Kim was convicted 428 00:26:48,440 --> 00:26:54,320 Speaker 1: of child endangerment, felonious assault, involuntary manslaughter, and murder. She 429 00:26:54,440 --> 00:27:08,320 Speaker 1: was sentenced to fifteen years to life. 430 00:27:11,240 --> 00:27:15,760 Speaker 2: My whole entire family looked after me, took care of me, 431 00:27:16,920 --> 00:27:20,760 Speaker 2: and after I was arrested, they were the ones that 432 00:27:21,200 --> 00:27:23,560 Speaker 2: keep up the fight for me because once I was 433 00:27:23,600 --> 00:27:28,640 Speaker 2: in prison, I didn't have the resources to take on 434 00:27:28,720 --> 00:27:31,240 Speaker 2: my case as much as I wanted to, so they 435 00:27:31,320 --> 00:27:35,760 Speaker 2: did a lot of the difficult legwork of looking up 436 00:27:35,800 --> 00:27:41,800 Speaker 2: stuff for me and helping gather information that I didn't 437 00:27:41,840 --> 00:27:42,879 Speaker 2: have at that time. 438 00:27:44,520 --> 00:27:47,119 Speaker 3: We were always going up there to see her. We 439 00:27:47,200 --> 00:27:49,520 Speaker 3: had to find a way to do it. 440 00:27:48,119 --> 00:27:53,120 Speaker 4: It's forty five minutes away from here, at least with 441 00:27:53,160 --> 00:27:55,840 Speaker 4: no traffic, so we would try to make it one 442 00:27:56,080 --> 00:27:58,240 Speaker 4: I think there was a limit to once a month 443 00:27:58,520 --> 00:28:01,639 Speaker 4: or twice a month, but we would get up there 444 00:28:01,680 --> 00:28:06,320 Speaker 4: as much as we could. The whole place just made 445 00:28:06,359 --> 00:28:13,400 Speaker 4: you feel at uneasy, like I don't know hard leaving 446 00:28:13,440 --> 00:28:15,080 Speaker 4: her there too. I think the hardest part when you 447 00:28:15,080 --> 00:28:17,639 Speaker 4: see her is walking out of it. You walk in, 448 00:28:17,840 --> 00:28:20,399 Speaker 4: you know, you're grateful to see her, You're grateful to 449 00:28:20,440 --> 00:28:23,800 Speaker 4: have the time, You're grateful to spend the moments with her. 450 00:28:23,800 --> 00:28:26,199 Speaker 4: Of but it's I think the hardest part is where you 451 00:28:26,400 --> 00:28:28,560 Speaker 4: every single time walking out of there and saying goodbye, 452 00:28:28,720 --> 00:28:30,760 Speaker 4: you know, leaving her behind and not wanting to take 453 00:28:30,800 --> 00:28:31,159 Speaker 4: her with you. 454 00:28:32,320 --> 00:28:34,240 Speaker 1: And what made it worse for Kim was that their 455 00:28:34,280 --> 00:28:36,439 Speaker 1: mother was in very poor health. 456 00:28:37,720 --> 00:28:41,640 Speaker 2: She had severe heart problems and she had a heart 457 00:28:41,640 --> 00:28:44,920 Speaker 2: attack when the verdict came down in the courtroom, so 458 00:28:45,000 --> 00:28:48,680 Speaker 2: they had to take her from the courthouse to the hospital. 459 00:28:49,680 --> 00:28:52,479 Speaker 1: Sadly, Kim's mother died while she was in prison. 460 00:28:53,240 --> 00:28:57,720 Speaker 2: My father died in two thousand and my mother passed 461 00:28:57,720 --> 00:29:01,680 Speaker 2: away about seven years ago. She held on as long 462 00:29:01,720 --> 00:29:04,000 Speaker 2: as she could, but she didn't see me get out 463 00:29:04,000 --> 00:29:04,479 Speaker 2: of prison. 464 00:29:05,800 --> 00:29:08,040 Speaker 1: What was that like to have your mom die before 465 00:29:08,080 --> 00:29:09,440 Speaker 1: you were fully exonerated. 466 00:29:10,720 --> 00:29:13,720 Speaker 2: It was hard, It was really really hard. But in 467 00:29:13,800 --> 00:29:18,240 Speaker 2: the phone calls home, I could tell in her voice 468 00:29:18,800 --> 00:29:24,280 Speaker 2: that she was fading, And like I said, she hung 469 00:29:24,360 --> 00:29:28,880 Speaker 2: on for years because she knew I was innocent. She knew. 470 00:29:29,440 --> 00:29:32,640 Speaker 2: She actually kept telling me that I'll see you again 471 00:29:32,680 --> 00:29:36,160 Speaker 2: outside of prison. I will, but she just could not 472 00:29:36,280 --> 00:29:38,560 Speaker 2: hold on long enough to see me get out of prison. 473 00:29:39,120 --> 00:29:43,040 Speaker 2: And I wasn't allowed to go to her funeral because 474 00:29:43,120 --> 00:29:45,760 Speaker 2: I was a lifer and the crime that I had, 475 00:29:46,360 --> 00:29:50,040 Speaker 2: the prison would not take me to her funeral. 476 00:30:00,080 --> 00:30:02,840 Speaker 1: Kim's first appeal in two thousand and four was denied, 477 00:30:03,360 --> 00:30:06,440 Speaker 1: but with her family support, she continued to fight for 478 00:30:06,480 --> 00:30:11,360 Speaker 1: her innocence, and then in twenty ten, Kim wrote to 479 00:30:11,400 --> 00:30:14,840 Speaker 1: the newly formed Wrongful Conviction Project at the Ohio Public 480 00:30:14,920 --> 00:30:15,840 Speaker 1: Defender's Office. 481 00:30:18,400 --> 00:30:21,560 Speaker 5: I think it was twenty page letter laying out everything 482 00:30:21,560 --> 00:30:25,440 Speaker 5: that happened, and we were immediately interested in her case 483 00:30:25,560 --> 00:30:29,120 Speaker 5: because it was really this critical time where we were 484 00:30:29,120 --> 00:30:33,320 Speaker 5: seeing shaken baby syndrome exonerations across the country. The literature 485 00:30:33,480 --> 00:30:35,880 Speaker 5: was increasing, and we really knew that there were some 486 00:30:36,000 --> 00:30:38,840 Speaker 5: problems with the way this was diagnosed back in two 487 00:30:38,880 --> 00:30:42,080 Speaker 5: thousand and three and before. What we know now and 488 00:30:42,120 --> 00:30:44,440 Speaker 5: what was sort of starting to be discovered at that time, 489 00:30:44,520 --> 00:30:47,600 Speaker 5: is that these symptoms that doctors used to identify shake 490 00:30:47,600 --> 00:30:49,640 Speaker 5: and baby syndrome or abusive head trauma could really be 491 00:30:49,680 --> 00:30:54,760 Speaker 5: caused by a number of things including birth trauma, infection, diseases, shortfalls, 492 00:30:55,360 --> 00:30:58,040 Speaker 5: and so we immediately started looking at Kim's case from 493 00:30:58,040 --> 00:31:03,720 Speaker 5: that medical standpoint and our investigation. The really tricky thing 494 00:31:03,800 --> 00:31:06,320 Speaker 5: in Kim's case is that for years and years we 495 00:31:06,360 --> 00:31:09,080 Speaker 5: did not have access to the medical records in this case. 496 00:31:09,600 --> 00:31:12,960 Speaker 5: So it's kind of strange. It is a medical case, 497 00:31:13,000 --> 00:31:15,480 Speaker 5: but not a single medical record was admitted as an 498 00:31:15,520 --> 00:31:18,680 Speaker 5: exhibit at Kim's trial. We tried to get her medical 499 00:31:18,680 --> 00:31:21,960 Speaker 5: records from her trial attorney, but he misplaced his file. 500 00:31:22,840 --> 00:31:24,920 Speaker 5: We tried to get him from the child's mother, from 501 00:31:24,960 --> 00:31:28,920 Speaker 5: the prosecutors. We filed emotion to get the records and 502 00:31:29,000 --> 00:31:30,840 Speaker 5: we were unable to get them. 503 00:31:31,400 --> 00:31:34,560 Speaker 1: Fortunately, Joanna was able to get the tissue slides from 504 00:31:34,560 --> 00:31:36,400 Speaker 1: Samisha's autopsy. 505 00:31:36,320 --> 00:31:40,920 Speaker 5: Doctor Janisophovin, who is a forensic pediatric pathologist. She was 506 00:31:40,920 --> 00:31:43,960 Speaker 5: able to look at those slides and say, this child 507 00:31:44,040 --> 00:31:49,400 Speaker 5: had an old brain injury, which was huge in this case. Wow, 508 00:31:50,120 --> 00:31:52,360 Speaker 5: that was something that wasn't ever presented at trial. It 509 00:31:52,480 --> 00:31:55,040 Speaker 5: wasn't known that this child had actually suffered a brain 510 00:31:55,080 --> 00:31:59,360 Speaker 5: injury weeks or months prior, and that that's ultimately what 511 00:31:59,440 --> 00:32:02,440 Speaker 5: progressed to cause her to go into distress and to 512 00:32:02,480 --> 00:32:04,800 Speaker 5: cause her death, that it was nothing that happened in 513 00:32:04,920 --> 00:32:05,520 Speaker 5: Kim's care. 514 00:32:06,640 --> 00:32:10,000 Speaker 1: Armed with that information, the team went back to doctor Fardel, 515 00:32:10,360 --> 00:32:14,000 Speaker 1: the coroner who had performed Samisha's autopsy, and asked him 516 00:32:14,000 --> 00:32:15,680 Speaker 1: to review his diagnosis. 517 00:32:16,560 --> 00:32:19,120 Speaker 5: He was retired at the time, and you know, it 518 00:32:19,120 --> 00:32:21,000 Speaker 5: took a while for him to get access to a 519 00:32:21,080 --> 00:32:23,880 Speaker 5: microscope to be able to do that. But ultimately he 520 00:32:23,960 --> 00:32:27,000 Speaker 5: also looked at the slides and he applied these special 521 00:32:27,040 --> 00:32:29,320 Speaker 5: iron stains which he had not applied at the time 522 00:32:29,360 --> 00:32:32,280 Speaker 5: of the autopsy, and he reached the same conclusion that 523 00:32:32,360 --> 00:32:34,760 Speaker 5: there was an old head injury that rebled and that 524 00:32:34,840 --> 00:32:39,040 Speaker 5: he had missed before. We also got a radiologist to 525 00:32:39,080 --> 00:32:42,440 Speaker 5: look at the records, you know, from that standpoint, same conclusion. 526 00:32:43,240 --> 00:32:46,760 Speaker 5: So in June twenty twenty one, we filed emotion asking 527 00:32:46,760 --> 00:32:50,160 Speaker 5: for a new trial for Kim, and ultimately, after looking 528 00:32:50,160 --> 00:32:52,000 Speaker 5: at it and looking at all the medical evidence and 529 00:32:52,040 --> 00:32:54,880 Speaker 5: the expert opinions, and I believe consulting with their own expert, 530 00:32:54,960 --> 00:32:58,600 Speaker 5: the prosecutor's office agreed with us, and so in October 531 00:32:58,600 --> 00:33:01,040 Speaker 5: twenty twenty one, they called us up and they said, 532 00:33:01,240 --> 00:33:04,160 Speaker 5: we're ready to dismiss all the charges. The judge agreed, 533 00:33:04,160 --> 00:33:05,200 Speaker 5: and Kim was released. 534 00:33:06,560 --> 00:33:09,640 Speaker 2: I kind of knew that things were happening, that the 535 00:33:09,680 --> 00:33:13,480 Speaker 2: prosecutor's office wasn't going to fight it, but I felt 536 00:33:13,560 --> 00:33:19,480 Speaker 2: that the judge would say, give me weeks months, you know, 537 00:33:19,600 --> 00:33:23,000 Speaker 2: to look this over. I did not realize that I 538 00:33:23,080 --> 00:33:25,480 Speaker 2: was actually he was actually going to sign paperwork that 539 00:33:25,640 --> 00:33:26,680 Speaker 2: day to release me. 540 00:33:31,320 --> 00:33:33,400 Speaker 3: I got the phone call at work. I had to 541 00:33:33,440 --> 00:33:36,800 Speaker 3: go into a room, close the door, and I just 542 00:33:36,920 --> 00:33:40,080 Speaker 3: cried like I was. It was one of those joy moments, 543 00:33:40,160 --> 00:33:42,959 Speaker 3: but your sad moments. I mean, you're crying, you're happy. 544 00:33:43,680 --> 00:33:45,280 Speaker 3: Then you want to know when, why? 545 00:33:45,440 --> 00:33:45,640 Speaker 2: How? 546 00:33:45,680 --> 00:33:48,440 Speaker 3: Where? When can I get? Can I leave right now 547 00:33:48,520 --> 00:33:49,080 Speaker 3: to go get her? 548 00:33:50,880 --> 00:33:53,640 Speaker 2: I was going about my day to day life in prison, 549 00:33:54,240 --> 00:33:57,880 Speaker 2: and the warden's assistant came to me and said, did 550 00:33:57,880 --> 00:34:02,000 Speaker 2: you know you're leaving prison now? And I'm like no, 551 00:34:02,800 --> 00:34:05,800 Speaker 2: I wasn't packed, I wasn't ready. It was later on 552 00:34:05,880 --> 00:34:08,200 Speaker 2: that afternoon that I walked out of person. They were 553 00:34:08,239 --> 00:34:10,000 Speaker 2: all out in the parking lot waiting on me. 554 00:34:11,120 --> 00:34:14,480 Speaker 3: It was a joyous, joyous time. Joanna pulled up. 555 00:34:14,520 --> 00:34:16,840 Speaker 4: Later, my husband pulled up later, and then all the 556 00:34:16,920 --> 00:34:19,400 Speaker 4: cousins came in, and it was like a hurry up 557 00:34:19,400 --> 00:34:20,400 Speaker 4: and wait, another hurry. 558 00:34:20,239 --> 00:34:22,040 Speaker 3: Up and wait situation. We gotta get there, we gotta 559 00:34:22,040 --> 00:34:22,839 Speaker 3: get there, and then we got. 560 00:34:22,800 --> 00:34:28,200 Speaker 4: To wait, wait, wait, wait, and then we saw her 561 00:34:28,239 --> 00:34:33,760 Speaker 4: come out, finally, carrying her whole life in a plastic bag. 562 00:34:33,960 --> 00:34:37,080 Speaker 4: Twenty years of her whole life like in one plastic bag. 563 00:34:39,000 --> 00:34:40,600 Speaker 4: It was heart wrenching, heart wrenching. 564 00:34:41,960 --> 00:34:44,960 Speaker 2: It was overwhelming, it really was. My legs kind of 565 00:34:45,000 --> 00:34:48,000 Speaker 2: gave out on me. I couldn't really walk. They ran 566 00:34:48,160 --> 00:34:50,640 Speaker 2: up to me. I had just kind of like stood there, 567 00:34:50,800 --> 00:34:53,759 Speaker 2: and I kept thinking that I was going to be 568 00:34:53,960 --> 00:34:57,600 Speaker 2: pulled back in, you know, pulled right back into the prison. 569 00:34:58,680 --> 00:35:01,480 Speaker 1: Keina and her husband a room waiting for Kim at 570 00:35:01,480 --> 00:35:04,680 Speaker 1: home in Westerville, and she moved right in and started 571 00:35:04,680 --> 00:35:07,880 Speaker 1: to rebuild her life. While in prison, Kim had earned 572 00:35:07,920 --> 00:35:10,480 Speaker 1: a liberal arts degree and she was working on a 573 00:35:10,520 --> 00:35:12,320 Speaker 1: business degree when she was released. 574 00:35:13,360 --> 00:35:15,920 Speaker 2: I do want to go back and finish my degree, 575 00:35:16,760 --> 00:35:20,200 Speaker 2: whether I continue in that vein or not, it would 576 00:35:20,239 --> 00:35:22,640 Speaker 2: be helpful no matter what type of job that you do, 577 00:35:22,840 --> 00:35:24,880 Speaker 2: to have a business background. 578 00:35:25,680 --> 00:35:29,080 Speaker 1: Right now, Kim is taking things slowly as she readjusts 579 00:35:29,080 --> 00:35:32,600 Speaker 1: to life outside. She says she sometimes can't believe she 580 00:35:32,719 --> 00:35:36,200 Speaker 1: was actually incarcerated for all that time. 581 00:35:37,160 --> 00:35:42,400 Speaker 2: I did not realize until weeks later when I started 582 00:35:42,440 --> 00:35:47,520 Speaker 2: trying to remember my life in prison. I couldn't remember 583 00:35:47,760 --> 00:35:50,719 Speaker 2: my life in prison. It's like the further I got 584 00:35:50,760 --> 00:35:53,840 Speaker 2: away from prison, all of my memories were being pulled 585 00:35:54,280 --> 00:35:58,000 Speaker 2: and left in prison because I had to start this 586 00:35:58,120 --> 00:36:05,080 Speaker 2: new life here. I went back to prison a couple 587 00:36:05,160 --> 00:36:07,280 Speaker 2: of weeks ago. I went back to see a friend 588 00:36:07,280 --> 00:36:10,480 Speaker 2: that's there, and it took me a while to get 589 00:36:10,520 --> 00:36:13,719 Speaker 2: out of the car, and then I walked through that 590 00:36:13,880 --> 00:36:17,239 Speaker 2: very same gravel parking lot that I walked out of 591 00:36:17,280 --> 00:36:20,359 Speaker 2: the prison. I was walking back into the prison, and 592 00:36:21,800 --> 00:36:26,759 Speaker 2: it just seems like it's a different life. It's like 593 00:36:26,760 --> 00:36:29,799 Speaker 2: like I maybe saw it in a movie. You know, 594 00:36:29,880 --> 00:36:32,520 Speaker 2: it wasn't my life. But then there are other times 595 00:36:32,560 --> 00:36:34,759 Speaker 2: like yeah, I remember, I remember going through that door. 596 00:36:34,800 --> 00:36:36,800 Speaker 2: I remember what's on the other side of that door. 597 00:36:39,640 --> 00:36:42,600 Speaker 1: And then she says, it all comes flooding back. 598 00:36:44,320 --> 00:36:47,439 Speaker 2: I'll be out walking my sister's dogs, or i will 599 00:36:47,480 --> 00:36:53,000 Speaker 2: be somewhere and then I'll realize it's four fifteen and 600 00:36:53,320 --> 00:36:57,279 Speaker 2: I might have a panic attack because I'm not on 601 00:36:57,480 --> 00:37:00,680 Speaker 2: my bed at four o'clock for four o'clock count in prison. 602 00:37:01,960 --> 00:37:05,920 Speaker 2: You know those memories. It's like I'm back in prison, 603 00:37:06,160 --> 00:37:10,879 Speaker 2: and that happens quite a bit. I don't know how 604 00:37:10,920 --> 00:37:14,160 Speaker 2: to explain that. It's something that if you have to 605 00:37:14,239 --> 00:37:18,160 Speaker 2: live it to understand it, and it's not something that 606 00:37:18,200 --> 00:37:21,600 Speaker 2: I tell a lot of people. I just I have 607 00:37:21,719 --> 00:37:24,640 Speaker 2: to realize that I'm here. 608 00:37:24,960 --> 00:37:25,800 Speaker 5: I'm not there. 609 00:37:25,920 --> 00:37:27,040 Speaker 2: I'm here now. 610 00:37:49,000 --> 00:37:51,600 Speaker 1: Thank you for listening to Wrongful Conviction with Maggie Freeling. 611 00:37:52,000 --> 00:37:55,080 Speaker 1: Please support your local innocence organizations and go to the 612 00:37:55,120 --> 00:37:57,839 Speaker 1: links in the episode description to see how you can help. 613 00:37:58,320 --> 00:38:01,840 Speaker 1: I'd like to thank our executive producer Jason Flamm, Jeff Kempler, 614 00:38:01,960 --> 00:38:05,160 Speaker 1: and Kevin Wortis, as well as senior producer Annie Chelsea, 615 00:38:05,360 --> 00:38:10,840 Speaker 1: producer Kathleen Fink, story editor Hannah Beal, and researcher Shelby Sorels. 616 00:38:11,400 --> 00:38:14,640 Speaker 1: Mixing and sound design are by Jackie Pauley, with additional 617 00:38:14,640 --> 00:38:18,360 Speaker 1: production by Jeff Cleiburn and Connor Hall. The music in 618 00:38:18,400 --> 00:38:22,480 Speaker 1: this production is by three time OSCAR nominated composer Jay Ralph. 619 00:38:22,960 --> 00:38:26,000 Speaker 1: Be sure to follow us on all social media platforms 620 00:38:26,040 --> 00:38:29,279 Speaker 1: at Lava for Good and at Wrongful Conviction. You can 621 00:38:29,320 --> 00:38:33,120 Speaker 1: also follow me on all platforms at Maggie Freeling. Wrongful 622 00:38:33,120 --> 00:38:35,920 Speaker 1: Conviction with Maggie Freeling is a production of Lava for 623 00:38:35,960 --> 00:38:39,680 Speaker 1: Good podcasts in association with Signal Company Number one