1 00:00:06,000 --> 00:00:09,920 Speaker 1: We initially released Stephen Carrington's story on June tenth, twenty twenty. 2 00:00:10,520 --> 00:00:13,680 Speaker 1: Last we spoke, Stephan had been paroled while fighting to 3 00:00:13,680 --> 00:00:18,000 Speaker 1: clear his name in the King's County Conviction Reviewing Unit. Finally, 4 00:00:18,079 --> 00:00:22,200 Speaker 1: four years later, they concluded that we and all of 5 00:00:22,239 --> 00:00:26,320 Speaker 1: you already knew that Stephan is innocent, and the DA 6 00:00:26,400 --> 00:00:30,000 Speaker 1: agreed to support his motion to vacate the conviction and 7 00:00:30,320 --> 00:00:35,280 Speaker 1: dismissed all charges. Here's our original coverage. 8 00:00:37,840 --> 00:00:40,720 Speaker 2: It was a new year, nineteen ninety five, and Stephen 9 00:00:40,840 --> 00:00:43,440 Speaker 2: Carrington was a young man with a short criminal history 10 00:00:43,479 --> 00:00:46,360 Speaker 2: who had just gotten out of prison. He had recently 11 00:00:46,360 --> 00:00:50,159 Speaker 2: gotten married, a young father, was training to be an emt. 12 00:00:51,000 --> 00:00:53,800 Speaker 2: After having paid his debt to society. His life was 13 00:00:54,040 --> 00:00:57,320 Speaker 2: getting back on track. On the morning of January second, 14 00:00:57,400 --> 00:01:00,160 Speaker 2: nineteen ninety five, Stephan's brother Mark stood outside out of 15 00:01:00,160 --> 00:01:04,040 Speaker 2: a lumberyard in Brooklyn as Shannon France and another man arrived. 16 00:01:04,480 --> 00:01:05,479 Speaker 3: Mister Franz pulled the. 17 00:01:05,400 --> 00:01:08,160 Speaker 2: Twenty five, announcing a stick up as the other man, 18 00:01:08,280 --> 00:01:11,720 Speaker 2: Rob's customer, Hugh Keys, the store clerk, tries to grab 19 00:01:11,760 --> 00:01:15,560 Speaker 2: mister France's weapon and was shot. Mister Franz loots the 20 00:01:15,600 --> 00:01:19,720 Speaker 2: strong box and the two men fled, leaving mister Keyes alive. 21 00:01:20,240 --> 00:01:24,000 Speaker 2: A confidential informant would tell the lead investigator, Detective Calabreeze, 22 00:01:24,040 --> 00:01:26,000 Speaker 2: the names of three men who were seen by the 23 00:01:26,040 --> 00:01:30,440 Speaker 2: lumberyard at the time of the crime, Shannon France, Eddie West, 24 00:01:30,720 --> 00:01:35,240 Speaker 2: and Mark Carrington. However, when he searched for Mark Carrington, 25 00:01:35,680 --> 00:01:38,000 Speaker 2: Stephan popped up at the same address, and with his 26 00:01:38,080 --> 00:01:42,680 Speaker 2: criminal record, Calabrizzi added his photo into an array. Hugh 27 00:01:42,760 --> 00:01:45,520 Speaker 2: Keys gave a shaky identification, and in the absence of 28 00:01:45,640 --> 00:01:49,240 Speaker 2: any physical evidence whatsoever connecting him to the crime, Stephan 29 00:01:49,320 --> 00:01:52,880 Speaker 2: went to trial right next to the trigger man, Shannon France. 30 00:01:53,360 --> 00:01:56,080 Speaker 2: The Carringtons hired a lawyer to protect both of their sons, 31 00:01:56,080 --> 00:01:58,560 Speaker 2: but it turned out to be to the detriment of 32 00:01:58,680 --> 00:02:02,200 Speaker 2: one of them. Was never called to testify a trial, 33 00:02:02,640 --> 00:02:06,360 Speaker 2: and twenty years later, finally free Stephen Carrington is out 34 00:02:06,400 --> 00:02:09,799 Speaker 2: on parole but still fighting to clear his name of 35 00:02:09,800 --> 00:02:14,520 Speaker 2: a crime that he simply didn't commit. This is wrongful 36 00:02:14,560 --> 00:02:23,680 Speaker 2: conviction with Jason Flamm. Wrongful conviction has always given voice 37 00:02:23,720 --> 00:02:26,280 Speaker 2: to innocent people in prison, and now we're expanding that 38 00:02:26,400 --> 00:02:30,400 Speaker 2: voice to you. Call us at eight three three two 39 00:02:30,480 --> 00:02:33,000 Speaker 2: oh seven, four six sixty six, and tell us how 40 00:02:33,040 --> 00:02:35,520 Speaker 2: these stories make you feel and what you've done to 41 00:02:35,560 --> 00:02:38,119 Speaker 2: help the cause, even if it's something as simple as 42 00:02:38,320 --> 00:02:41,600 Speaker 2: telling a friend or sharing on social media, and you 43 00:02:41,680 --> 00:02:45,239 Speaker 2: might just hear yourself in a future episode. Call us 44 00:02:45,480 --> 00:02:48,160 Speaker 2: eight three three two oh seven four six sixty six. 45 00:02:59,160 --> 00:03:02,560 Speaker 2: Welcome back to Wrong for Conviction with Jason Flum. That's me, 46 00:03:02,680 --> 00:03:06,440 Speaker 2: I'm your host, and today we have a story and 47 00:03:06,520 --> 00:03:10,160 Speaker 2: an outcome that we're gonna hope that who knows, maybe 48 00:03:10,280 --> 00:03:12,840 Speaker 2: somebody out there can be helpful with because we are 49 00:03:12,919 --> 00:03:15,520 Speaker 2: fighting to prove the innocence of the man who's sitting 50 00:03:15,560 --> 00:03:18,920 Speaker 2: right in front of me now, Stephan Carrington. Stepan as 51 00:03:18,960 --> 00:03:21,280 Speaker 2: I always say, I'm sorry you're here, but I'm happy 52 00:03:21,280 --> 00:03:21,639 Speaker 2: you're here. 53 00:03:22,160 --> 00:03:24,840 Speaker 4: Well, thank you, but I'm happy that I'm here having 54 00:03:24,840 --> 00:03:28,280 Speaker 4: an opportunity to set the record straight and probably clear 55 00:03:28,360 --> 00:03:28,760 Speaker 4: my name. 56 00:03:29,000 --> 00:03:30,120 Speaker 3: Yeah, that's what we're here for. 57 00:03:30,280 --> 00:03:34,360 Speaker 2: Let's go back to that original faithful day, January second, 58 00:03:34,440 --> 00:03:38,680 Speaker 2: nineteen ninety five. What happened that day in the lumber store. 59 00:03:39,040 --> 00:03:43,800 Speaker 4: Basically, all my knowledge of this saga story that took 60 00:03:43,840 --> 00:03:48,920 Speaker 4: place I learned through reading trial minutes, from hearing from 61 00:03:48,960 --> 00:03:51,920 Speaker 4: people in the street and things of that nature, because 62 00:03:52,000 --> 00:03:54,160 Speaker 4: you know, I wasn't dead when it took place. On 63 00:03:54,240 --> 00:03:57,680 Speaker 4: that day, they said that two individuals into the lumber 64 00:03:57,760 --> 00:04:01,880 Speaker 4: yard at a parent robbery which resulted to a homicide. 65 00:04:02,040 --> 00:04:05,640 Speaker 4: One of the employees at the lumberyard try to take 66 00:04:05,720 --> 00:04:09,400 Speaker 4: a weapon from this individual and subsequently this guy shot 67 00:04:09,480 --> 00:04:15,160 Speaker 4: him twice and ultimately he died. Eventually he died. The 68 00:04:15,200 --> 00:04:20,440 Speaker 4: two individuals fled the scene. My brother was the lookout 69 00:04:20,560 --> 00:04:25,360 Speaker 4: and subsequently the person that is my co defendant, Shannon, 70 00:04:26,360 --> 00:04:30,400 Speaker 4: his girlfriend best friend is the one that gave his name, 71 00:04:30,880 --> 00:04:34,680 Speaker 4: photos and everything to the police. There's a third individual 72 00:04:34,680 --> 00:04:37,880 Speaker 4: who name was Eddie West. And I have to say 73 00:04:37,920 --> 00:04:43,920 Speaker 4: that neither my brother or Eddie West was ever interviewed, questioned, 74 00:04:44,480 --> 00:04:46,839 Speaker 4: sought after by the police department. 75 00:04:47,880 --> 00:04:50,320 Speaker 2: So Eddie West was the other guy in the store. 76 00:04:50,560 --> 00:04:52,840 Speaker 4: Now, Eddie West was one of the individuals that they 77 00:04:52,920 --> 00:04:55,720 Speaker 4: mentioned that was out on the corner during the time 78 00:04:55,760 --> 00:04:57,040 Speaker 4: the robbery was committed. 79 00:04:57,279 --> 00:05:01,200 Speaker 2: Okay, Shannon France though, was he had some involvement in 80 00:05:01,240 --> 00:05:02,120 Speaker 2: the crime? Is that right? 81 00:05:02,600 --> 00:05:06,880 Speaker 4: They found his fingerprints on the cash box inside the lumberyard. 82 00:05:07,240 --> 00:05:09,800 Speaker 2: That's not a good signce. No, they didn't find yours. 83 00:05:10,080 --> 00:05:13,440 Speaker 4: No, they have no physical evidence or anything linking me 84 00:05:13,520 --> 00:05:17,960 Speaker 4: to the crime, besides having a sibling who was mentioned 85 00:05:18,000 --> 00:05:21,520 Speaker 4: to be outside with the individuals who was involved. 86 00:05:22,320 --> 00:05:26,880 Speaker 2: So these guys go, they robbed the lumberyard, and they 87 00:05:26,960 --> 00:05:31,440 Speaker 2: shot a clerk named Lloyd Campbell. Yes, both in the 88 00:05:31,440 --> 00:05:32,280 Speaker 2: head and in the back. 89 00:05:32,480 --> 00:05:32,760 Speaker 4: Yes. 90 00:05:33,320 --> 00:05:36,640 Speaker 2: And then they found the strong box, they looted it. 91 00:05:37,839 --> 00:05:40,599 Speaker 2: The two guys fled the scene. Your brother was either 92 00:05:40,640 --> 00:05:42,880 Speaker 2: there or not as a lookout whatever he was doing. 93 00:05:43,279 --> 00:05:46,880 Speaker 2: He was apparently not in the store, that is correct. 94 00:05:47,400 --> 00:05:52,480 Speaker 2: So how did your name come to be associated because 95 00:05:52,839 --> 00:05:55,440 Speaker 2: it's sort of a leap to say, Okay, well they 96 00:05:55,520 --> 00:05:58,760 Speaker 2: got your brother, now they're going to just go after you. 97 00:05:59,240 --> 00:06:02,000 Speaker 4: Well, I could tell you from the police reports the 98 00:06:02,120 --> 00:06:06,240 Speaker 4: officers during the investigation when they received these names and 99 00:06:06,320 --> 00:06:10,479 Speaker 4: photos of these individuals. There was an address on the photo, 100 00:06:10,680 --> 00:06:13,600 Speaker 4: which was a promotional photo. At the time, I had 101 00:06:13,600 --> 00:06:17,119 Speaker 4: a recording studio and we used to you know, wrench 102 00:06:17,120 --> 00:06:20,400 Speaker 4: studio time out to individuals. One of the group, Shannon, 103 00:06:20,480 --> 00:06:22,400 Speaker 4: my co defendant. He was an individual who was in 104 00:06:22,440 --> 00:06:25,640 Speaker 4: the rap group which my brother was affiliated with a 105 00:06:25,720 --> 00:06:30,239 Speaker 4: part of, and they had promotional photos up and down 106 00:06:30,480 --> 00:06:34,480 Speaker 4: the avenue, the same avenue that these guys went and 107 00:06:34,680 --> 00:06:39,400 Speaker 4: committed this crime on. It so happened that they committed 108 00:06:39,400 --> 00:06:44,000 Speaker 4: a crime across the street from his girlfriend's business, and 109 00:06:44,040 --> 00:06:46,120 Speaker 4: his girlfriend best friend is the one that saw him 110 00:06:46,160 --> 00:06:48,839 Speaker 4: out there and eventually gave his name in the photos 111 00:06:48,839 --> 00:06:52,880 Speaker 4: to the police, to the detective Calabrise. When Calabriese was 112 00:06:52,920 --> 00:06:57,360 Speaker 4: doing his investigation, all he did was run the address 113 00:06:57,640 --> 00:07:02,000 Speaker 4: through the police system, and my name came back because 114 00:07:02,000 --> 00:07:07,400 Speaker 4: I was parole to that address. So when they discovered 115 00:07:07,440 --> 00:07:12,680 Speaker 4: that I was on parole, the whole case shifted to me. 116 00:07:14,080 --> 00:07:17,640 Speaker 4: Detective Calibres is quoted as saying that he had a 117 00:07:17,680 --> 00:07:20,280 Speaker 4: gut feeling I was involved. He felt that I matched 118 00:07:20,280 --> 00:07:24,160 Speaker 4: the description my brother was involved. He felt that if 119 00:07:24,400 --> 00:07:27,520 Speaker 4: I wasn't involved, I knew something about it. And because 120 00:07:27,560 --> 00:07:30,280 Speaker 4: I had a prior and I was on parole, they 121 00:07:30,280 --> 00:07:30,800 Speaker 4: came for me. 122 00:07:31,000 --> 00:07:34,360 Speaker 2: But you matched the description of the actual shooter, No 123 00:07:35,280 --> 00:07:39,320 Speaker 2: or the lookout. No, whose description did you match? 124 00:07:40,000 --> 00:07:43,720 Speaker 4: He said? I matched the individual who robbed another patron 125 00:07:43,800 --> 00:07:46,960 Speaker 4: of this lumber yard, mister yu Keys. I didn't know 126 00:07:47,040 --> 00:07:49,560 Speaker 4: what he was talking about. In my mind, I believed 127 00:07:49,600 --> 00:07:52,480 Speaker 4: that eventually whatever they were trying to do with, you know, 128 00:07:53,680 --> 00:07:56,240 Speaker 4: resolve itself because I didn't have I had nothing to 129 00:07:56,280 --> 00:07:59,640 Speaker 4: do with any crime. This situation, you know, had me 130 00:07:59,800 --> 00:08:02,960 Speaker 4: think about this one phrase, you know, and it always 131 00:08:03,000 --> 00:08:05,720 Speaker 4: stuck with me that you never get a second chance 132 00:08:05,760 --> 00:08:11,360 Speaker 4: to make a first impression. And because of my past 133 00:08:11,520 --> 00:08:14,080 Speaker 4: is why I'm here today now. I'm not a goodie 134 00:08:14,080 --> 00:08:19,560 Speaker 4: two shoe. I wasn't and that is only because I 135 00:08:19,600 --> 00:08:21,920 Speaker 4: try to fit in with individuals I wanted, you know, 136 00:08:21,960 --> 00:08:24,320 Speaker 4: to be down. I brought up my father's a pastor. 137 00:08:24,360 --> 00:08:26,720 Speaker 4: I brought up in church. I went to church majority 138 00:08:26,720 --> 00:08:31,080 Speaker 4: of my life and I wouldn't lie, you know, I 139 00:08:31,080 --> 00:08:36,480 Speaker 4: hated church. I was forced to go every day. I 140 00:08:36,520 --> 00:08:39,120 Speaker 4: wouldn't say a worse experience, but just not to do 141 00:08:39,200 --> 00:08:41,560 Speaker 4: what normal kids do was kind of tough for me 142 00:08:42,160 --> 00:08:44,840 Speaker 4: because I was a free spader. Like so, when I 143 00:08:44,880 --> 00:08:49,560 Speaker 4: was like seventeen, I try to move out and so 144 00:08:50,640 --> 00:08:53,520 Speaker 4: I started selling drugs with my best friend and that's 145 00:08:53,520 --> 00:08:56,440 Speaker 4: how I got into the life of criminality and things 146 00:08:56,520 --> 00:08:59,640 Speaker 4: of that nature. And subsequently I did get rested for 147 00:09:00,400 --> 00:09:05,880 Speaker 4: drug seale robbery and I went to Rackas Island and 148 00:09:05,920 --> 00:09:10,760 Speaker 4: I had a traumatic experience. I got jumped, got stabbed, 149 00:09:10,800 --> 00:09:17,720 Speaker 4: got robbed, and as time went on, I knew that 150 00:09:17,760 --> 00:09:23,360 Speaker 4: this wasn't for me. Prison wasn't something that I wanted 151 00:09:23,360 --> 00:09:27,040 Speaker 4: to do. It wasn't a lifestyle that I wanted to live. 152 00:09:27,400 --> 00:09:30,560 Speaker 4: And if you know, selling drugs all these other stuff 153 00:09:30,679 --> 00:09:33,560 Speaker 4: was going to lead me to prison, then I had 154 00:09:33,600 --> 00:09:37,160 Speaker 4: to do away with that, and not just those activities, 155 00:09:37,160 --> 00:09:39,480 Speaker 4: but also the people that I used to associate with, 156 00:09:40,120 --> 00:09:40,960 Speaker 4: And that's what I did. 157 00:09:41,200 --> 00:09:44,080 Speaker 2: You were really putting your life on track at this time, 158 00:09:44,120 --> 00:09:46,560 Speaker 2: which is sort of an added element of tragedy. You 159 00:09:46,640 --> 00:09:50,520 Speaker 2: had gone through some training to be an EMT right, Yes, 160 00:09:50,559 --> 00:09:55,040 Speaker 2: that's correct, your young father, that's correct, and basically married, 161 00:09:55,280 --> 00:09:57,599 Speaker 2: recently married. Yeah, so you had your whole life in 162 00:09:57,679 --> 00:09:58,120 Speaker 2: front of you. 163 00:09:59,400 --> 00:10:01,720 Speaker 4: I had changed my life. I'd cut off all my friends. 164 00:10:02,280 --> 00:10:04,560 Speaker 4: You know. I had a new born, my daughter. She 165 00:10:04,640 --> 00:10:06,839 Speaker 4: was only seven months when they took me from home. 166 00:10:07,280 --> 00:10:10,440 Speaker 2: It's sickening, I mean, and let's set the record straight 167 00:10:10,520 --> 00:10:12,440 Speaker 2: by talking about your alibi, which is a bit of 168 00:10:12,440 --> 00:10:14,719 Speaker 2: a sensitive topic. I mean, you were a married man, 169 00:10:14,880 --> 00:10:18,000 Speaker 2: but your alibi involves another woman, right. 170 00:10:18,400 --> 00:10:21,480 Speaker 4: Sad to say, And unfortunately, the day that they accused 171 00:10:21,480 --> 00:10:24,080 Speaker 4: me of committing this crime. I was in the hospital 172 00:10:24,120 --> 00:10:26,760 Speaker 4: with my wife, and I was also with another female 173 00:10:26,840 --> 00:10:29,040 Speaker 4: friend before I was in the hospital with my wife. 174 00:10:29,840 --> 00:10:32,240 Speaker 2: Right, like you said earlier, you had a recording studio 175 00:10:32,280 --> 00:10:34,920 Speaker 2: set up in your parents' basement. A young lady came 176 00:10:34,960 --> 00:10:37,680 Speaker 2: to visit you there and spent the night. Yes, Now, 177 00:10:37,840 --> 00:10:41,560 Speaker 2: unbeknownst to you, your daughter had developed an ear infection. 178 00:10:41,640 --> 00:10:44,840 Speaker 2: I was taken to the hospital that morning. Now there's 179 00:10:44,840 --> 00:10:48,040 Speaker 2: no cell phones back then. Your wife was calling around 180 00:10:48,040 --> 00:10:50,720 Speaker 2: looking for you, and she gets a hold of your mother, 181 00:10:50,800 --> 00:10:53,040 Speaker 2: who walks the phone to you downstairs. 182 00:10:53,160 --> 00:10:53,720 Speaker 4: That's correct. 183 00:10:54,000 --> 00:10:56,880 Speaker 2: You spoke with your wife, assured her that you were 184 00:10:56,880 --> 00:10:59,960 Speaker 2: at your way, and then you shower and get the help. 185 00:11:00,600 --> 00:11:04,480 Speaker 4: When I got there, you know, basically, my wife is 186 00:11:04,520 --> 00:11:07,559 Speaker 4: just like here, she's your responsibility. Now I had all 187 00:11:08,320 --> 00:11:10,640 Speaker 4: and so you know, I did everything with her till 188 00:11:10,679 --> 00:11:13,280 Speaker 4: the doctors wanted to come in. She had an air affection, 189 00:11:13,360 --> 00:11:16,720 Speaker 4: so they wanted to do an X ray. Now, this 190 00:11:16,800 --> 00:11:19,120 Speaker 4: is one of the things that baffled me, even to today, 191 00:11:19,160 --> 00:11:22,320 Speaker 4: with all the technology and stuff that they have, my 192 00:11:22,400 --> 00:11:25,640 Speaker 4: hands got captured in this X ray. When people read 193 00:11:25,679 --> 00:11:27,679 Speaker 4: this case, really sit down and read this case, they 194 00:11:27,720 --> 00:11:29,559 Speaker 4: wonder how did you get convicted? 195 00:11:29,920 --> 00:11:31,160 Speaker 2: You had a solid alibi. 196 00:11:31,440 --> 00:11:34,560 Speaker 4: I trial. One person testified against me, and I had 197 00:11:35,000 --> 00:11:39,720 Speaker 4: four or five alibi witnesses that testified. The one person 198 00:11:39,760 --> 00:11:44,559 Speaker 4: that testified against me mister Yu Keys, And I feel 199 00:11:44,600 --> 00:11:47,680 Speaker 4: for him because I know that he's been duped because 200 00:11:47,720 --> 00:11:50,040 Speaker 4: he told the nine one one operator when he called 201 00:11:50,080 --> 00:11:54,000 Speaker 4: them during the day, that the crime was committed, about 202 00:11:54,200 --> 00:11:57,320 Speaker 4: being robbed, about the individual being shot, what have you, 203 00:11:58,080 --> 00:12:00,280 Speaker 4: And when they asked him to give a description enough 204 00:12:00,280 --> 00:12:05,080 Speaker 4: the individual, he told him that he couldn't. He said 205 00:12:05,120 --> 00:12:08,080 Speaker 4: he never looked at the individual, that he never looked 206 00:12:08,080 --> 00:12:11,280 Speaker 4: at the person that robbed them. Wow, because he was 207 00:12:11,320 --> 00:12:15,320 Speaker 4: afraid too, because he seeing what happened to the guy 208 00:12:15,320 --> 00:12:19,080 Speaker 4: that got shot, he was afraid for his life. He 209 00:12:19,120 --> 00:12:21,280 Speaker 4: also told that to the first police that came on 210 00:12:21,320 --> 00:12:24,960 Speaker 4: the scene. But yet here it is Detective Calabrese is 211 00:12:24,960 --> 00:12:27,760 Speaker 4: saying that this individual picked my picture up and said, 212 00:12:27,800 --> 00:12:30,960 Speaker 4: this is the guy that robbed me. The district attorney 213 00:12:31,000 --> 00:12:33,920 Speaker 4: is saying that the witness didn't say that. The witness 214 00:12:33,960 --> 00:12:36,240 Speaker 4: said that I looked like the individual that robbed them. 215 00:12:36,280 --> 00:12:39,320 Speaker 4: But in all the police reports, it's saying that the 216 00:12:39,360 --> 00:12:42,520 Speaker 4: witness said that I'm the guy that robbed them. But 217 00:12:42,640 --> 00:12:46,079 Speaker 4: in court, the district attorney is saying that the witness 218 00:12:46,080 --> 00:12:48,120 Speaker 4: said that I looked like the guy that robbed them, 219 00:12:48,360 --> 00:12:50,320 Speaker 4: and if he sent me in person, he would be 220 00:12:50,320 --> 00:12:54,480 Speaker 4: able to identify me. But here's the catch. The witness 221 00:12:54,520 --> 00:12:56,440 Speaker 4: get on the stand and said that he never made 222 00:12:56,440 --> 00:13:03,000 Speaker 4: no identification of me prior to my arrest. So how 223 00:13:03,040 --> 00:13:04,240 Speaker 4: did I become a suspect? 224 00:13:04,360 --> 00:13:05,240 Speaker 3: Right? Which one is it? 225 00:13:06,960 --> 00:13:11,839 Speaker 4: Right? Three different opinions about one identification? Now, who should 226 00:13:11,880 --> 00:13:15,719 Speaker 4: you believe the detective who was saying that he positively 227 00:13:15,800 --> 00:13:18,880 Speaker 4: identified me as the person that robbed them, the district 228 00:13:18,920 --> 00:13:21,920 Speaker 4: attorney who was saying that the witness said I looked 229 00:13:22,000 --> 00:13:24,640 Speaker 4: like the individual, but he will be able to identify 230 00:13:24,679 --> 00:13:27,920 Speaker 4: me if he see me in person. Or the witness 231 00:13:27,960 --> 00:13:30,480 Speaker 4: who said that he never made no identification when the 232 00:13:30,480 --> 00:13:34,000 Speaker 4: police came to his house on numerous occasions. Who should 233 00:13:34,040 --> 00:13:38,880 Speaker 4: we believe this guy? He didn't know me. The only 234 00:13:38,920 --> 00:13:41,200 Speaker 4: thing that he knew, which he told the police, was 235 00:13:41,240 --> 00:13:42,960 Speaker 4: that the guy was dark skinned and. 236 00:13:42,880 --> 00:13:45,640 Speaker 2: Stocky, described half of your neighborhood. 237 00:13:46,000 --> 00:13:48,000 Speaker 4: When they ask him, well how tall is this guy? 238 00:13:48,120 --> 00:13:50,240 Speaker 4: He don't know. Is he taller than you? I don't know. 239 00:13:50,360 --> 00:13:52,320 Speaker 4: Is he shorter than you, I don't know. Did he 240 00:13:52,400 --> 00:13:54,480 Speaker 4: have a bed, I don't know. Did he have a mustache? 241 00:13:54,520 --> 00:13:55,000 Speaker 4: I don't know. 242 00:13:55,280 --> 00:13:56,200 Speaker 2: But he didn't see him. 243 00:13:56,280 --> 00:14:00,000 Speaker 4: What do you know? He was dark skinned and stocky. 244 00:13:59,800 --> 00:14:04,040 Speaker 4: They showed him the tape, and on the tape, you 245 00:14:04,080 --> 00:14:07,560 Speaker 4: can't make the features out of the individuals, the two perpetrators. 246 00:14:07,960 --> 00:14:11,880 Speaker 4: You can't really make facial features out of anybody on 247 00:14:11,920 --> 00:14:16,160 Speaker 4: the tape. But the perpetrators had on hats and hoodies 248 00:14:17,200 --> 00:14:23,280 Speaker 4: and three quarter length copes. And he stated that he 249 00:14:23,320 --> 00:14:26,720 Speaker 4: couldn't see these individuals. He didn't know what the person 250 00:14:26,800 --> 00:14:31,120 Speaker 4: looked like. He don't know if they had a bed, mustache, anything. 251 00:14:31,120 --> 00:14:33,080 Speaker 4: He was just dusking and stocky. So when you look 252 00:14:33,080 --> 00:14:37,880 Speaker 4: at the tape, all you see is shapes and sizes. 253 00:14:39,000 --> 00:14:39,840 Speaker 2: That's not enough. 254 00:14:40,000 --> 00:14:44,120 Speaker 4: He couldn't even identify hisself on the tape. During trial, 255 00:14:44,720 --> 00:14:48,720 Speaker 4: the district attorney had to reference something of what he 256 00:14:48,800 --> 00:14:49,800 Speaker 4: had on wait. 257 00:14:49,600 --> 00:14:53,480 Speaker 2: Hold on the witness. This tape was so grainy that 258 00:14:53,560 --> 00:14:56,040 Speaker 2: the guy couldn't identify himself. 259 00:14:56,480 --> 00:14:58,840 Speaker 4: Yes, when the district attorney asked him to point to 260 00:14:58,920 --> 00:15:01,840 Speaker 4: himself on the tape, he pointed to someone else. Wow, 261 00:15:02,560 --> 00:15:06,720 Speaker 4: and then the disc attorney says something like this, is 262 00:15:06,760 --> 00:15:10,800 Speaker 4: that you with the checkerboard shirt? Or who's in the 263 00:15:10,880 --> 00:15:14,800 Speaker 4: checkerboard shirt or something of that effect, right led him 264 00:15:14,840 --> 00:15:17,800 Speaker 4: to basically say, oh, and then that's me standing right here. 265 00:15:18,320 --> 00:15:20,560 Speaker 2: Okay, I've heard enough about that. Now we know that's 266 00:15:20,600 --> 00:15:22,960 Speaker 2: completely unreliable and out. That should have been out the 267 00:15:22,960 --> 00:15:25,680 Speaker 2: window right off the bat. One of the things that 268 00:15:25,720 --> 00:15:29,120 Speaker 2: sticks with me is the idea that Detective Calibreeds claimed 269 00:15:29,160 --> 00:15:31,680 Speaker 2: that he could recognize you from a security tape because 270 00:15:31,680 --> 00:15:33,040 Speaker 2: he could recognize your walk. 271 00:15:34,120 --> 00:15:37,480 Speaker 4: Yeah. I believe that was the lynch pin that's that 272 00:15:37,600 --> 00:15:41,600 Speaker 4: sealed my fate, because he got understanding and he pointed 273 00:15:41,640 --> 00:15:44,200 Speaker 4: me out in court and he said this is the guy. 274 00:15:45,200 --> 00:15:47,160 Speaker 4: And they asked him how he knows and he says 275 00:15:47,200 --> 00:15:49,520 Speaker 4: that he could tell that it was me because of 276 00:15:49,520 --> 00:15:52,120 Speaker 4: how I walked. And the tape doesn't show the perpetrator 277 00:15:52,160 --> 00:15:54,840 Speaker 4: from his waist down, and they showed this tape in court. 278 00:15:55,000 --> 00:15:58,840 Speaker 4: But yet, you know, I believe that that was the 279 00:15:58,960 --> 00:16:02,280 Speaker 4: nail in the coffin for me, because he's an officer. 280 00:16:02,920 --> 00:16:05,880 Speaker 4: They have a tape, and people believe even when I 281 00:16:05,960 --> 00:16:08,680 Speaker 4: was appealing and I know that these judge never viewed 282 00:16:08,720 --> 00:16:11,520 Speaker 4: the tape, but because of the language and the dialogue 283 00:16:11,560 --> 00:16:15,400 Speaker 4: in the trial transcript, they even denied certain of my 284 00:16:15,480 --> 00:16:19,360 Speaker 4: appeals because they saying you were clearly sint on the tape. 285 00:16:19,560 --> 00:16:23,320 Speaker 2: The idea that anyone could identify anyone else short of 286 00:16:23,400 --> 00:16:26,680 Speaker 2: someone who does have a physical, you know, impairment for 287 00:16:26,760 --> 00:16:29,920 Speaker 2: war impairment exactly that's what I was looking for, is preposterous. 288 00:16:30,000 --> 00:16:31,320 Speaker 2: I mean, the fact that they would even present that 289 00:16:31,360 --> 00:16:35,200 Speaker 2: as evidence, it's ridiculous. But they did, and the consequences 290 00:16:35,320 --> 00:16:38,880 Speaker 2: are not funny at all, they're very real. So there's 291 00:16:38,920 --> 00:16:41,360 Speaker 2: there's that, and then there's the fact that you know, 292 00:16:41,440 --> 00:16:43,680 Speaker 2: we know, we know what happened at the trial. That 293 00:16:43,840 --> 00:16:47,200 Speaker 2: you know your brother was not allowed to testify. That 294 00:16:47,360 --> 00:16:50,240 Speaker 2: is correct because your lawyer didn't submit his name on 295 00:16:50,280 --> 00:16:51,040 Speaker 2: the witness list. 296 00:16:51,160 --> 00:16:51,640 Speaker 4: That is right. 297 00:16:52,200 --> 00:16:54,280 Speaker 2: Had he been able to, we don't. We never will 298 00:16:54,280 --> 00:16:56,000 Speaker 2: never know what he would have said in the moment, 299 00:16:56,120 --> 00:16:58,440 Speaker 2: but there's a realistic chance that he might have said 300 00:16:58,480 --> 00:16:59,840 Speaker 2: something that could have exonerated you. 301 00:16:59,840 --> 00:17:04,439 Speaker 4: Well, well, at that time, my opinion and believe is 302 00:17:04,480 --> 00:17:07,040 Speaker 4: that he wanted to come forward and he did come 303 00:17:07,280 --> 00:17:10,879 Speaker 4: to court to testify, and what I realized later is 304 00:17:10,920 --> 00:17:13,480 Speaker 4: that my lawyer sent them home. When they started to 305 00:17:13,560 --> 00:17:18,240 Speaker 4: question my parents about my brother and his whereabouts, they 306 00:17:18,320 --> 00:17:21,879 Speaker 4: answered truthfully that he was here, came to court today 307 00:17:22,600 --> 00:17:27,000 Speaker 4: to testify, and the district attorney stopped the proceeding and 308 00:17:27,080 --> 00:17:31,040 Speaker 4: asked for a sidebar so they can discuss certain things 309 00:17:31,600 --> 00:17:37,359 Speaker 4: which the sonographer records. And at this sidebar, the district 310 00:17:37,400 --> 00:17:40,480 Speaker 4: attorney wanted to bring up my lawyer on charges for 311 00:17:40,600 --> 00:17:44,439 Speaker 4: lyon about the whereabouts of my brother, because early that 312 00:17:44,520 --> 00:17:47,040 Speaker 4: morning he said he don't know where my brother was. 313 00:17:47,080 --> 00:17:50,600 Speaker 4: He never seen them, he never met him. And then 314 00:17:50,640 --> 00:17:53,920 Speaker 4: it was discovered later the same day that my brother 315 00:17:54,040 --> 00:17:56,200 Speaker 4: was at his office that morning and he sent them home. 316 00:17:56,440 --> 00:17:58,080 Speaker 2: Wow, that's a big lie. 317 00:17:58,200 --> 00:18:00,560 Speaker 4: And it's in the trial transcripts taking it up. 318 00:18:00,680 --> 00:18:03,360 Speaker 2: And he didn't forget that he saw your brother that day. 319 00:18:03,480 --> 00:18:05,359 Speaker 4: No, No, I mean because it was right. It was 320 00:18:05,400 --> 00:18:08,639 Speaker 4: early that morning and trial was on and my brother 321 00:18:08,680 --> 00:18:14,240 Speaker 4: came to testify at that time. I believe the best. Now, 322 00:18:14,320 --> 00:18:17,840 Speaker 4: I understand why a person would be apprehensive for coming 323 00:18:17,880 --> 00:18:21,040 Speaker 4: forward and trying to tell the truth about what really 324 00:18:21,040 --> 00:18:23,960 Speaker 4: took place or who was involved on things of that nature. 325 00:18:24,359 --> 00:18:27,600 Speaker 2: Yeah, I mean, he's your little brother. You know, he 326 00:18:27,680 --> 00:18:31,200 Speaker 2: must have had a lot of conflicted emotions. I can't 327 00:18:31,240 --> 00:18:34,480 Speaker 2: imagine being in his place. He's trying to save his 328 00:18:34,520 --> 00:18:38,600 Speaker 2: own life at the same time, you know, he's got 329 00:18:38,800 --> 00:18:41,840 Speaker 2: I'm sure a lot of guilt about putting you in 330 00:18:41,840 --> 00:18:44,520 Speaker 2: this situation in the first place, because you talk about 331 00:18:44,520 --> 00:18:46,040 Speaker 2: how you never would have been in the system if 332 00:18:46,040 --> 00:18:48,040 Speaker 2: you hadn't have done certain things when you were younger. 333 00:18:48,320 --> 00:18:50,160 Speaker 2: But you also would have never been in this situation 334 00:18:50,200 --> 00:18:51,760 Speaker 2: if your brother hadn't have been involved in this thing 335 00:18:51,800 --> 00:18:52,520 Speaker 2: in the first place. 336 00:18:52,640 --> 00:18:55,840 Speaker 4: I think that I had set a bad president for 337 00:18:55,920 --> 00:19:01,920 Speaker 4: my brother. I believe I was part of the influence. Now. 338 00:19:01,920 --> 00:19:03,919 Speaker 4: I don't know if he looked up to me, but 339 00:19:04,040 --> 00:19:07,240 Speaker 4: I believe that some of my actions are friends that 340 00:19:07,320 --> 00:19:12,080 Speaker 4: I had that was around probably also roughed off on him. Unfortunately, 341 00:19:12,119 --> 00:19:16,920 Speaker 4: I wasn't around for him when he started to engage 342 00:19:16,920 --> 00:19:19,600 Speaker 4: in activities and pick certain people as friends that I 343 00:19:19,640 --> 00:19:21,960 Speaker 4: could have probably said, you know, those are the guys 344 00:19:22,000 --> 00:19:24,480 Speaker 4: you shouldn't thing. Because what I try to do was 345 00:19:24,560 --> 00:19:28,840 Speaker 4: distance myself from everyone that was in my neighborhood at 346 00:19:28,840 --> 00:19:31,760 Speaker 4: that point in time when I started to clear my 347 00:19:31,800 --> 00:19:32,280 Speaker 4: life up. 348 00:19:32,720 --> 00:19:35,760 Speaker 2: I mean, you basically took the fall for your brother. 349 00:19:36,119 --> 00:19:38,040 Speaker 4: Well, I wouldn't say that I took the fall. They 350 00:19:38,080 --> 00:19:39,240 Speaker 4: gave it to me, right. 351 00:19:39,680 --> 00:19:41,879 Speaker 2: Your last hope was that your lawyer was going to 352 00:19:41,920 --> 00:19:43,920 Speaker 2: do a good job representing you and that the truth 353 00:19:44,000 --> 00:19:46,199 Speaker 2: was going to come out. That's correct, and you were 354 00:19:46,200 --> 00:19:47,640 Speaker 2: going to go back and get a hold your life. 355 00:19:47,720 --> 00:19:50,840 Speaker 2: But in fact, your lawyer was compromised. 356 00:19:51,400 --> 00:19:54,439 Speaker 4: Yes, as it seems. I mean, he was kind of 357 00:19:54,520 --> 00:19:59,080 Speaker 4: like conflicted in between his duties as a lawyer to 358 00:19:59,119 --> 00:20:01,840 Speaker 4: me and also to the people that were paying him 359 00:20:01,880 --> 00:20:02,680 Speaker 4: to represent me. 360 00:20:02,920 --> 00:20:05,000 Speaker 2: And the people that were paying him were your parents. Yes, 361 00:20:05,680 --> 00:20:08,200 Speaker 2: it's almost like they had a Sophie's choice. They had 362 00:20:08,240 --> 00:20:10,440 Speaker 2: to choose what they did choose and if they had 363 00:20:10,480 --> 00:20:12,480 Speaker 2: to choose to save one child for me. 364 00:20:12,680 --> 00:20:15,919 Speaker 4: It is basically, and this was never spoken. This is 365 00:20:16,000 --> 00:20:19,280 Speaker 4: just my thoughts as I got a little older and 366 00:20:19,320 --> 00:20:23,080 Speaker 4: probably start to piece things together that you know, he 367 00:20:23,160 --> 00:20:25,960 Speaker 4: had to pass. You know, he was in trouble before. 368 00:20:26,040 --> 00:20:29,440 Speaker 4: Maybe he could handle this and we would support him. 369 00:20:29,720 --> 00:20:34,760 Speaker 4: But my brother, he's the baby, and you know, the 370 00:20:34,800 --> 00:20:37,560 Speaker 4: cops wasn't looking for him. They already gave him a 371 00:20:37,600 --> 00:20:39,480 Speaker 4: clean slave and said they didn't want him even the 372 00:20:39,520 --> 00:20:42,720 Speaker 4: district attorney said that they had nothing to convict him on, 373 00:20:44,040 --> 00:20:47,800 Speaker 4: so they look for the easy choice, the person that 374 00:20:47,840 --> 00:20:52,120 Speaker 4: had the record. If we can't get his brother, then 375 00:20:52,160 --> 00:20:57,639 Speaker 4: we're going to get him. 376 00:20:57,680 --> 00:21:00,760 Speaker 2: You're listening to Wrong for Conviction. Listen to this and 377 00:21:00,920 --> 00:21:03,480 Speaker 2: all the Lava for Good podcasts one week early and 378 00:21:03,600 --> 00:21:07,119 Speaker 2: ad free by subscribing to Lava for Good Plus on 379 00:21:07,240 --> 00:21:12,440 Speaker 2: Apple Podcasts. 380 00:21:14,000 --> 00:21:17,960 Speaker 4: You served twenty three years. 381 00:21:18,560 --> 00:21:23,240 Speaker 2: Twenty three years in maximum security prisons in New York State. Yes, 382 00:21:23,880 --> 00:21:29,720 Speaker 2: was there a worst moment and was there a best moment? 383 00:21:29,920 --> 00:21:32,520 Speaker 4: I mean I had a lot of not a lot 384 00:21:32,520 --> 00:21:36,439 Speaker 4: of bad moments, but this a few. One of my 385 00:21:36,520 --> 00:21:39,960 Speaker 4: worst moments was when I was in green Haven in 386 00:21:40,040 --> 00:21:44,879 Speaker 4: two thousand and nine ten. I was in college. I 387 00:21:45,000 --> 00:21:50,480 Speaker 4: was taking Christian Ministry Human Services theology course. I was 388 00:21:50,480 --> 00:21:53,439 Speaker 4: working in the barbershop and this particular day, I was 389 00:21:53,440 --> 00:21:55,720 Speaker 4: coming from study hall that I have my books and 390 00:21:55,760 --> 00:22:01,480 Speaker 4: I'm going back to my cell. I saw a crate 391 00:22:02,320 --> 00:22:04,960 Speaker 4: and I was like, let me take the crate and 392 00:22:05,000 --> 00:22:08,040 Speaker 4: put my school books in because if anything happened to 393 00:22:08,080 --> 00:22:10,120 Speaker 4: the school boos, I have to pay for him. This 394 00:22:10,160 --> 00:22:13,400 Speaker 4: is an old maximum security prison, so they have leaks 395 00:22:13,440 --> 00:22:17,760 Speaker 4: and waters dripping all over the place. Sometimes your toilet overfloor, 396 00:22:17,800 --> 00:22:21,240 Speaker 4: your sink overfloor. So long story short of officers see 397 00:22:21,280 --> 00:22:23,480 Speaker 4: me with the crate, tell me to put it back. 398 00:22:23,560 --> 00:22:27,760 Speaker 4: I can't have it, and I complied. Supposedly he must 399 00:22:27,800 --> 00:22:30,919 Speaker 4: have spoke to another officer because another officer calls me 400 00:22:31,000 --> 00:22:34,959 Speaker 4: back and started going crazy on me, like what are 401 00:22:35,000 --> 00:22:37,639 Speaker 4: you touching here? You know, don't eff in this, don't 402 00:22:37,760 --> 00:22:40,680 Speaker 4: eff in that. And you know, I just stood there. 403 00:22:40,680 --> 00:22:43,000 Speaker 4: I figured, you know, okay, he got his buddies here, 404 00:22:43,680 --> 00:22:47,840 Speaker 4: I'm gonna just listen to him, you know, comply, and 405 00:22:48,240 --> 00:22:50,639 Speaker 4: you know, hopefully, you know, I can go to my 406 00:22:50,720 --> 00:22:55,439 Speaker 4: cell and lock in. And that wasn't the case, you know. 407 00:22:55,520 --> 00:22:58,040 Speaker 4: So after he started to berate me about you know, 408 00:22:58,200 --> 00:23:01,640 Speaker 4: touching stuff and his you and all this other stuff, 409 00:23:02,359 --> 00:23:05,960 Speaker 4: I said, okay, you know, I'm sorry. You know, here's 410 00:23:06,000 --> 00:23:10,480 Speaker 4: the create and I turned to leave. And I think 411 00:23:10,520 --> 00:23:13,159 Speaker 4: at this point in time he felt like I was 412 00:23:13,240 --> 00:23:17,800 Speaker 4: dismissing him, you know, or I left without his authority 413 00:23:17,920 --> 00:23:22,119 Speaker 4: saying okay, you go, and he took offense to me 414 00:23:22,920 --> 00:23:28,240 Speaker 4: turning to leave, and he jumped on me. They beat 415 00:23:28,280 --> 00:23:31,879 Speaker 4: me up. You see my elbow I left elbow. 416 00:23:31,680 --> 00:23:35,800 Speaker 2: Yep, got a giant nodding it right. 417 00:23:37,000 --> 00:23:40,320 Speaker 4: My shoulders still hurt to this day. They beat up 418 00:23:40,359 --> 00:23:42,760 Speaker 4: my elbows, they beat up my shoulders, they beat me up, 419 00:23:42,800 --> 00:23:45,840 Speaker 4: They dragged me to the box, and they try to 420 00:23:45,920 --> 00:23:49,879 Speaker 4: charge me with assault. And that was like for me, 421 00:23:49,960 --> 00:23:54,280 Speaker 4: the worst day because everything that I was doing, I 422 00:23:54,359 --> 00:23:58,240 Speaker 4: never had no physical altercations while I was in with inmates, 423 00:23:58,880 --> 00:24:03,240 Speaker 4: all officers, anything of that nature. And I'm fighting my 424 00:24:03,359 --> 00:24:06,240 Speaker 4: case and the only thing that's coming to my mind 425 00:24:06,320 --> 00:24:09,880 Speaker 4: is that maybe I have an opportunity to get out 426 00:24:09,880 --> 00:24:12,840 Speaker 4: of the prison for my case. But if they try 427 00:24:12,840 --> 00:24:16,000 Speaker 4: to convict me for assault on the staff, which mostly 428 00:24:16,080 --> 00:24:20,000 Speaker 4: everybody gets convicted of, you know, I just seen my 429 00:24:20,080 --> 00:24:25,359 Speaker 4: lights go out. It's your word against officer words. And 430 00:24:25,400 --> 00:24:27,840 Speaker 4: more than one officer is going to say that you 431 00:24:27,880 --> 00:24:30,840 Speaker 4: didn't what you didn't do. And it's funny to me 432 00:24:31,119 --> 00:24:35,119 Speaker 4: because it's like I'm saying to myself, like God, how 433 00:24:35,160 --> 00:24:39,639 Speaker 4: does stuff and keep happening to me? And my parents. 434 00:24:39,640 --> 00:24:42,240 Speaker 4: They're so religious that you know they would hit you 435 00:24:42,320 --> 00:24:45,320 Speaker 4: with you haven't submitted to God yet, you haven't let go. 436 00:24:46,240 --> 00:24:51,359 Speaker 4: You're being tested, You're going through the fire, and you 437 00:24:51,400 --> 00:24:54,520 Speaker 4: know I cried like a baby because I seen my 438 00:24:54,600 --> 00:24:58,840 Speaker 4: lights go out. And maybe this was also the opportunity 439 00:24:58,840 --> 00:25:06,399 Speaker 4: that I seen God working in my life, because subsequently, 440 00:25:08,200 --> 00:25:11,399 Speaker 4: guys that knew me, that locked on the company with me, 441 00:25:11,480 --> 00:25:15,000 Speaker 4: they had wrote this Attorney's General Office, they inspect the General. 442 00:25:15,760 --> 00:25:21,120 Speaker 4: They had wrote prison Legal Services, and I never knew 443 00:25:21,119 --> 00:25:26,080 Speaker 4: that people probably watched me or cared about me like 444 00:25:26,119 --> 00:25:31,080 Speaker 4: that I'm talking about inmates, HEARDing, criminals or whatever, and 445 00:25:32,000 --> 00:25:34,840 Speaker 4: they inspect the general. When the inspect the generals came 446 00:25:34,880 --> 00:25:38,399 Speaker 4: to see me, and I had written to them again 447 00:25:40,640 --> 00:25:43,760 Speaker 4: because one of the guys inside the shoe area had 448 00:25:43,800 --> 00:25:45,720 Speaker 4: told me, listen, you need to write these people. You 449 00:25:45,760 --> 00:25:47,560 Speaker 4: need to write this person. Da da da da dad. 450 00:25:47,760 --> 00:25:50,280 Speaker 4: So I was getting advice from individuals or who I 451 00:25:50,320 --> 00:25:52,240 Speaker 4: have to write, who I have to contact to try 452 00:25:52,280 --> 00:25:56,639 Speaker 4: to get from underneath this, and so I wrote them 453 00:25:56,720 --> 00:26:00,439 Speaker 4: as well. And when they came to see me, you know, 454 00:26:00,520 --> 00:26:02,680 Speaker 4: we talk. He says, well, we have to do our 455 00:26:02,680 --> 00:26:05,920 Speaker 4: investigation and stuff of that nature. And then they came 456 00:26:05,960 --> 00:26:10,560 Speaker 4: to see me, and I guess this is the first 457 00:26:10,600 --> 00:26:13,520 Speaker 4: time in my life that I could say that I've 458 00:26:13,520 --> 00:26:19,720 Speaker 4: seen the hand of God, because when he called me 459 00:26:19,800 --> 00:26:23,440 Speaker 4: and they interviewed me. He says, I have good news 460 00:26:23,480 --> 00:26:28,479 Speaker 4: and bad news. The good news is that we're not 461 00:26:28,480 --> 00:26:32,200 Speaker 4: going to charge you with assault on staff because I've 462 00:26:32,240 --> 00:26:34,520 Speaker 4: read all the reports that came in. I read the 463 00:26:34,560 --> 00:26:38,760 Speaker 4: police reports, and I read not just your report, but 464 00:26:38,800 --> 00:26:42,359 Speaker 4: I got several letters written from other inmates who have 465 00:26:42,520 --> 00:26:47,880 Speaker 4: witnessed what took place. And I know that you didn't 466 00:26:47,920 --> 00:26:50,520 Speaker 4: have contact with these individuals because they brought you to 467 00:26:50,560 --> 00:26:53,840 Speaker 4: the box and it says your story and their story 468 00:26:54,359 --> 00:26:57,159 Speaker 4: adds up, and none of the police stories adds up. 469 00:26:58,560 --> 00:27:01,359 Speaker 4: But you have to go through the format I still 470 00:27:01,400 --> 00:27:04,280 Speaker 4: had the hearing to go to, and this is how 471 00:27:05,280 --> 00:27:09,560 Speaker 4: corrupt the Department of Corrections is. I remember the officer 472 00:27:09,920 --> 00:27:12,399 Speaker 4: that had the altercation with me, that smacked me in 473 00:27:12,400 --> 00:27:14,480 Speaker 4: my face and hit me with the sticks and all that. 474 00:27:14,520 --> 00:27:16,560 Speaker 4: And there was two other officers there, but I didn't 475 00:27:16,560 --> 00:27:19,199 Speaker 4: remember the two. And the reason why I remember the 476 00:27:19,200 --> 00:27:21,960 Speaker 4: one is because he was my company officer. He's there 477 00:27:22,000 --> 00:27:27,199 Speaker 4: every day. The officer that comes in the hearing was 478 00:27:27,240 --> 00:27:29,879 Speaker 4: in the officer that hit me or I had the 479 00:27:29,920 --> 00:27:34,840 Speaker 4: altercation with. It was somebody else. And we're going through 480 00:27:34,880 --> 00:27:37,640 Speaker 4: the formalities and questioning the officer and stuff like that. 481 00:27:37,720 --> 00:27:41,080 Speaker 4: So the officer said that we were standing the right shoulder, 482 00:27:41,119 --> 00:27:46,600 Speaker 4: the right shoulder, and I took my left hand and 483 00:27:46,680 --> 00:27:51,760 Speaker 4: punched them on the left side of his face. That 484 00:27:51,920 --> 00:27:55,200 Speaker 4: caused him to bust his head on the pipes and 485 00:27:55,640 --> 00:28:00,760 Speaker 4: bust his head open. And when I started to play 486 00:28:01,000 --> 00:28:03,280 Speaker 4: if we stand the right shoulder to shoulder and I 487 00:28:03,320 --> 00:28:06,800 Speaker 4: hit him with my left hand on the left side 488 00:28:06,840 --> 00:28:10,600 Speaker 4: of his face, how is that possible. I would have 489 00:28:10,720 --> 00:28:13,560 Speaker 4: to go over It's not come back and hit him, 490 00:28:13,920 --> 00:28:17,080 Speaker 4: and you know so, so I asked the officer to 491 00:28:17,119 --> 00:28:23,080 Speaker 4: demonstrate this punch. Can you demonstrate how I hit you 492 00:28:23,160 --> 00:28:24,959 Speaker 4: with my left hand on the left side of your 493 00:28:25,000 --> 00:28:27,400 Speaker 4: face if we stand the right shoulder the right shoulder, 494 00:28:28,240 --> 00:28:31,560 Speaker 4: I would like for you to demonstrate this. And the 495 00:28:31,600 --> 00:28:34,480 Speaker 4: hearing officer said that there will be no demonstrations in here, 496 00:28:35,440 --> 00:28:38,040 Speaker 4: so he never got to demonstrate, and I, you know, objected, 497 00:28:38,120 --> 00:28:40,960 Speaker 4: and I told him that it's impossible that that can 498 00:28:41,000 --> 00:28:45,479 Speaker 4: take place. Long story short, the officer that wrote the 499 00:28:45,520 --> 00:28:48,720 Speaker 4: report or that they brought in that said he wrote 500 00:28:48,720 --> 00:28:52,600 Speaker 4: the report. I asked him, did he see the police 501 00:28:53,400 --> 00:28:58,560 Speaker 4: hit me? And he said yes. So then I asked him, then, 502 00:28:58,840 --> 00:29:01,040 Speaker 4: why is it not written in the report that the 503 00:29:01,040 --> 00:29:07,160 Speaker 4: police struck me. The lieutenant looks and he's like, I said, 504 00:29:07,200 --> 00:29:09,800 Speaker 4: It's not in the ticket, is not in the two 505 00:29:09,840 --> 00:29:13,680 Speaker 4: firm reports. It's not in any document that was given 506 00:29:13,720 --> 00:29:18,840 Speaker 4: to me. So the lieutenant asked the CEO, why is that? 507 00:29:20,320 --> 00:29:22,600 Speaker 4: And maybe at this time he was afraid. I don't 508 00:29:22,640 --> 00:29:24,160 Speaker 4: know what it is, but I believe that at this 509 00:29:24,200 --> 00:29:26,280 Speaker 4: point in time, this is when I've seen God worked 510 00:29:26,280 --> 00:29:30,520 Speaker 4: in my life. And he tells the truth. He says, 511 00:29:31,120 --> 00:29:34,120 Speaker 4: I didn't write the report. The lieutenant said, you didn't 512 00:29:34,120 --> 00:29:36,080 Speaker 4: write the report. He said, no, I didn't write the report. 513 00:29:36,120 --> 00:29:39,880 Speaker 4: He said, who wrote the report? He said, a sergeant 514 00:29:39,920 --> 00:29:43,720 Speaker 4: such and such wrote the report? He said, where was 515 00:29:43,720 --> 00:29:48,200 Speaker 4: the sergeant when the incident happened. He wasn't there. The 516 00:29:48,240 --> 00:29:52,160 Speaker 4: sergeant wrote the report, made another officer sign it and 517 00:29:52,240 --> 00:29:55,960 Speaker 4: sait in the hearing as the officer who witnessed what 518 00:29:56,120 --> 00:30:01,920 Speaker 4: took place and knew nothing about it. And they dismissed 519 00:30:01,920 --> 00:30:02,320 Speaker 4: the case. 520 00:30:03,600 --> 00:30:06,560 Speaker 2: Amen to that, or you might not be here now. 521 00:30:06,960 --> 00:30:11,120 Speaker 2: So and we know now that you paroled. And I 522 00:30:11,160 --> 00:30:15,160 Speaker 2: want to get to that, because that's a really extraordinary 523 00:30:15,240 --> 00:30:17,840 Speaker 2: story in and of itself. I think it says a 524 00:30:17,880 --> 00:30:21,280 Speaker 2: lot about what the parole board really thought about your 525 00:30:21,320 --> 00:30:25,440 Speaker 2: claims of innocence. But before we get to that, I 526 00:30:25,480 --> 00:30:28,920 Speaker 2: want to talk about what was going on on the outside. 527 00:30:29,000 --> 00:30:32,160 Speaker 2: Because there was a guy in the neighborhood. I mean, 528 00:30:32,200 --> 00:30:33,160 Speaker 2: can we mention his name? 529 00:30:33,760 --> 00:30:36,640 Speaker 4: Well, for legal purposes, you know, I wouldn't like to 530 00:30:36,680 --> 00:30:38,440 Speaker 4: mention his name. It called my case is still being 531 00:30:38,480 --> 00:30:41,800 Speaker 4: reviewed by the Convention Review Unit. So, but this individual 532 00:30:42,800 --> 00:30:46,240 Speaker 4: was a childhood friend of mine. We haven't seen each 533 00:30:46,240 --> 00:30:49,760 Speaker 4: other in years, and he had moved away from the neighborhood. 534 00:30:49,760 --> 00:30:52,920 Speaker 4: And when he came back to the neighborhood, he was looking, 535 00:30:53,040 --> 00:30:55,719 Speaker 4: you know, for old friends. And you know, subsequently he 536 00:30:55,760 --> 00:30:58,560 Speaker 4: was looking for me and heard that I was in prison. 537 00:30:58,680 --> 00:31:02,360 Speaker 4: So he wanted to know why, and the whole story 538 00:31:02,400 --> 00:31:05,360 Speaker 4: came out and he couldn't believe it. You know, he 539 00:31:05,400 --> 00:31:07,040 Speaker 4: took it upon himself to try to help me. 540 00:31:07,400 --> 00:31:08,040 Speaker 3: How do you do that? 541 00:31:08,480 --> 00:31:12,120 Speaker 4: Well, the individual who actually committed a crime used to 542 00:31:12,160 --> 00:31:14,880 Speaker 4: see him all the time, and because he's still living 543 00:31:14,880 --> 00:31:18,000 Speaker 4: in the neighborhood, mostly people that knew both of us, 544 00:31:18,320 --> 00:31:21,800 Speaker 4: he would ask them, you know, how they felt about him. 545 00:31:21,840 --> 00:31:24,040 Speaker 4: It was he still you know, like welcome or they 546 00:31:24,040 --> 00:31:27,080 Speaker 4: still had love for him, knowing that I was in 547 00:31:27,160 --> 00:31:31,360 Speaker 4: prison serving time for a crime that he committed. And 548 00:31:31,800 --> 00:31:34,680 Speaker 4: my friend, he was like he couldn't believe this, and 549 00:31:34,720 --> 00:31:38,800 Speaker 4: he's like, this guy just keep saying that he did it. 550 00:31:38,920 --> 00:31:41,280 Speaker 4: He did it, and he's the reason why you in prison. 551 00:31:41,760 --> 00:31:43,240 Speaker 4: You know, he wrote me a letter. I showed you 552 00:31:43,280 --> 00:31:46,640 Speaker 4: the letter that he wrote. And he took it upon 553 00:31:46,680 --> 00:31:51,480 Speaker 4: himself too to record this individual, to tape them saying 554 00:31:51,520 --> 00:31:53,680 Speaker 4: the same things about me being in prison for a 555 00:31:53,680 --> 00:31:57,840 Speaker 4: crime he committed, and even went as far as that 556 00:31:58,120 --> 00:32:01,200 Speaker 4: he used to he does security bouncing work because he's 557 00:32:01,240 --> 00:32:04,680 Speaker 4: six eight, three hundred and something pounds, and this is 558 00:32:04,720 --> 00:32:07,880 Speaker 4: God again in my life. He so happened to be 559 00:32:08,000 --> 00:32:15,040 Speaker 4: working doing security at a spot where detective Calibri's, the 560 00:32:15,120 --> 00:32:19,640 Speaker 4: leading detective in my case, was also working. What's the 561 00:32:19,680 --> 00:32:20,320 Speaker 4: odds of that? 562 00:32:22,360 --> 00:32:22,920 Speaker 2: Pretty long? 563 00:32:24,160 --> 00:32:28,480 Speaker 4: And he spoke to Calibres about the case and told 564 00:32:28,520 --> 00:32:31,320 Speaker 4: him that he had the wrong person in prison for 565 00:32:31,400 --> 00:32:34,720 Speaker 4: the crime. What Calbri's say, Calabris just told him tell 566 00:32:34,720 --> 00:32:39,000 Speaker 4: his brother to come forward and he can get out. 567 00:32:39,800 --> 00:32:45,320 Speaker 4: That was his words. See, because Calabri's knew and he 568 00:32:45,360 --> 00:32:48,760 Speaker 4: had told me as much. When he brought me in, 569 00:32:49,800 --> 00:32:51,800 Speaker 4: you know, because he was like, where's your brother, weighs 570 00:32:51,840 --> 00:32:54,560 Speaker 4: his friends, and I'm like, I don't know. I'm not 571 00:32:54,600 --> 00:32:57,360 Speaker 4: my brother's keeper. You know, I don't live with my brother. 572 00:32:58,040 --> 00:33:01,480 Speaker 4: I live with my wife. But he didn't care about that. 573 00:33:01,880 --> 00:33:05,160 Speaker 4: And you know, once things start to unravel in the 574 00:33:05,160 --> 00:33:09,320 Speaker 4: conviction review unit and they start to review my case, 575 00:33:09,360 --> 00:33:12,080 Speaker 4: they reached out to him two to three weeks after 576 00:33:12,200 --> 00:33:17,520 Speaker 4: they reviewed my case and next thing, you know, self 577 00:33:17,520 --> 00:33:21,880 Speaker 4: inflicted wound somewhere in his car. You know, he took 578 00:33:21,880 --> 00:33:23,360 Speaker 4: his own life. 579 00:33:23,480 --> 00:33:26,000 Speaker 2: Yeah, it seems like his conscience may have gotten to him. 580 00:33:26,000 --> 00:33:28,920 Speaker 2: And we'll never know because he didn't leave a note 581 00:33:29,000 --> 00:33:31,480 Speaker 2: or anything, right, but the timing seems. 582 00:33:31,800 --> 00:33:35,640 Speaker 4: Really to be suspicious. 583 00:33:35,720 --> 00:33:38,480 Speaker 2: Yeah, I mean, the conviction review unit starts looking into 584 00:33:38,480 --> 00:33:40,760 Speaker 2: your case, it's inevitable that they're going to find out 585 00:33:40,800 --> 00:33:43,440 Speaker 2: what happened. Because the conviction Review Unit in Brooklyn, I 586 00:33:43,440 --> 00:33:45,880 Speaker 2: can say this, they don't fuck around. But these guys 587 00:33:45,920 --> 00:33:48,280 Speaker 2: are under the leadership of American Zales and before that 588 00:33:48,360 --> 00:33:52,400 Speaker 2: Ken Thompson. They are committed to finding and identifying and 589 00:33:53,040 --> 00:33:55,760 Speaker 2: resolving wrong for conviction cases. And they've been doing it 590 00:33:55,800 --> 00:33:59,640 Speaker 2: and walking the walk and so once they took over 591 00:34:00,160 --> 00:34:05,120 Speaker 2: investigating your case. Yeah, Detective Calabrizi must have known that 592 00:34:05,160 --> 00:34:09,000 Speaker 2: some of his misdeeds were going to become public. 593 00:34:09,360 --> 00:34:14,680 Speaker 4: Yes, he did everything from interviewing the witnesses to getting 594 00:34:14,680 --> 00:34:19,239 Speaker 4: the fillers for the lineups, conducting the lineup. I mean, 595 00:34:19,440 --> 00:34:21,920 Speaker 4: nobody else did anything. His name is on all the reports. 596 00:34:22,680 --> 00:34:25,239 Speaker 2: So the guy who holds the key is dead. 597 00:34:25,320 --> 00:34:35,359 Speaker 3: Now you went to the parole board. 598 00:34:35,719 --> 00:34:39,000 Speaker 2: Yes, and you did exactly the opposite of what All 599 00:34:39,040 --> 00:34:41,799 Speaker 2: the smartest people you knew were the most the wisest people, 600 00:34:41,840 --> 00:34:44,399 Speaker 2: I should say, were advising you to do right. 601 00:34:44,520 --> 00:34:48,160 Speaker 4: I'm not gonna lie, you know. I was very apprehensive 602 00:34:48,040 --> 00:34:51,480 Speaker 4: and rustle with it. You know. As my wife was here, 603 00:34:51,640 --> 00:34:56,520 Speaker 4: she would tell you, you know, because knowing what I 604 00:34:56,640 --> 00:34:58,640 Speaker 4: know now, I had told her and I told her 605 00:34:58,719 --> 00:35:02,279 Speaker 4: before that if I had a chance to do this 606 00:35:02,320 --> 00:35:05,279 Speaker 4: all over again, I probably would have copped out to 607 00:35:05,400 --> 00:35:06,759 Speaker 4: something less right. 608 00:35:06,800 --> 00:35:08,000 Speaker 2: So I was gonna say is when you go to 609 00:35:08,000 --> 00:35:10,640 Speaker 2: the parole board, the general rule, and this is with 610 00:35:10,920 --> 00:35:13,839 Speaker 2: very very rare exceptions, the parole board wants to hear 611 00:35:13,880 --> 00:35:17,840 Speaker 2: you express remorse for the crime, whether you committed it 612 00:35:17,960 --> 00:35:19,920 Speaker 2: or not. They don't know whether you committed it. They 613 00:35:19,920 --> 00:35:22,239 Speaker 2: don't have time to reinvestigate it. In New York State, 614 00:35:22,400 --> 00:35:25,279 Speaker 2: the parole board is reviewing ten thousand cases, around ten 615 00:35:25,280 --> 00:35:28,280 Speaker 2: thousand cases a year, and there's only somewhere between twelve 616 00:35:28,280 --> 00:35:31,280 Speaker 2: and nineteen people for the entire state in panels of three. 617 00:35:31,800 --> 00:35:34,479 Speaker 2: So they have a few minutes to look into your case. 618 00:35:34,480 --> 00:35:36,200 Speaker 2: They don't have time to go through it, even like 619 00:35:36,280 --> 00:35:39,080 Speaker 2: we're doing now. So it would be great if they did, 620 00:35:39,120 --> 00:35:41,200 Speaker 2: but they don't. They're only human beings, They only you know, 621 00:35:41,200 --> 00:35:43,080 Speaker 2: they don't have so much time in the day. So 622 00:35:43,880 --> 00:35:46,720 Speaker 2: the logical thing to do for somebody like you who's 623 00:35:46,760 --> 00:35:48,840 Speaker 2: desperate to get out and get back with your family 624 00:35:48,880 --> 00:35:51,840 Speaker 2: and get back on, you know, to your life, is 625 00:35:51,880 --> 00:35:55,279 Speaker 2: to just plead guilty. And then they're most likely going 626 00:35:55,360 --> 00:35:57,520 Speaker 2: to say, okay, well you've served twenty three years and 627 00:35:57,840 --> 00:36:00,319 Speaker 2: you've done you know, ministry and all that. There's other 628 00:36:00,320 --> 00:36:03,000 Speaker 2: stuff in prison. Yeah you can go home now. But 629 00:36:03,120 --> 00:36:03,800 Speaker 2: you didn't know. 630 00:36:04,040 --> 00:36:07,520 Speaker 4: And I mean I wrestled with it. I prayed about 631 00:36:07,560 --> 00:36:12,560 Speaker 4: it because I want to go home. You know, what 632 00:36:12,640 --> 00:36:14,879 Speaker 4: should I do? I mean, even though all these years 633 00:36:14,880 --> 00:36:17,640 Speaker 4: I'm telling them I didn't commit the crime, now I'm 634 00:36:17,719 --> 00:36:21,960 Speaker 4: up for parole. What do I do Do I go 635 00:36:22,000 --> 00:36:25,080 Speaker 4: in there and put on a show and say that 636 00:36:25,120 --> 00:36:30,279 Speaker 4: I'm remorse and I'm sorry and that you know, you know, 637 00:36:30,560 --> 00:36:33,279 Speaker 4: I don't know what to say but the truth. And 638 00:36:33,360 --> 00:36:36,239 Speaker 4: I wrestle with it. And I mean, like people is 639 00:36:36,280 --> 00:36:38,000 Speaker 4: telling me, don't go in there and tell them that 640 00:36:38,040 --> 00:36:40,080 Speaker 4: you didn't do it. They're going to hit you, They're 641 00:36:40,120 --> 00:36:44,080 Speaker 4: going to give you more time. And I say, well, 642 00:36:44,480 --> 00:36:46,760 Speaker 4: I'm going in there and I'm going to tell them 643 00:36:46,960 --> 00:36:49,920 Speaker 4: what I've been telling them since the beginning. I didn't 644 00:36:49,920 --> 00:36:54,120 Speaker 4: commit the crime, but I understand why it's possible for 645 00:36:54,239 --> 00:36:58,080 Speaker 4: individual like me to be considered for a crime such 646 00:36:58,120 --> 00:37:01,880 Speaker 4: as this, you know. And I'm gonna give them my 647 00:37:02,120 --> 00:37:06,760 Speaker 4: story about my past, how I came to be here today, 648 00:37:07,840 --> 00:37:10,360 Speaker 4: and what I've done since I was incarcerated, and what 649 00:37:10,440 --> 00:37:15,000 Speaker 4: I plan to do when I get out. And for 650 00:37:15,040 --> 00:37:18,640 Speaker 4: that whole ten days after that, I had to wait 651 00:37:18,680 --> 00:37:22,040 Speaker 4: to get the results, seven to ten days. It was 652 00:37:22,840 --> 00:37:29,000 Speaker 4: the worst week of my life. No no sleep because 653 00:37:29,080 --> 00:37:31,040 Speaker 4: that whole week I already felt because the way that 654 00:37:31,080 --> 00:37:35,400 Speaker 4: they spoke to me inside the parole board, I felt 655 00:37:35,680 --> 00:37:38,600 Speaker 4: that there wasn't going to release me. My counselor gives 656 00:37:38,640 --> 00:37:41,880 Speaker 4: me the envelope. I opened it, and to be honest, 657 00:37:41,960 --> 00:37:45,160 Speaker 4: my eyes are teared up because I'm and I'm looking 658 00:37:45,200 --> 00:37:47,680 Speaker 4: for the worst. And it's sad to say I'm looking 659 00:37:47,719 --> 00:37:49,920 Speaker 4: for denial. I'm just looking for any word with a 660 00:37:50,040 --> 00:37:54,319 Speaker 4: D for denial, refuse, whatever. And I didn't see and 661 00:37:54,600 --> 00:37:58,279 Speaker 4: my counselors like you okay, I said, yeah, I just 662 00:37:59,520 --> 00:38:04,359 Speaker 4: I can't find the decision. So he's like, well, give 663 00:38:04,400 --> 00:38:08,720 Speaker 4: it to me, and he highlights it he knew before 664 00:38:10,000 --> 00:38:14,040 Speaker 4: and he gave it back to me, and I couldn't 665 00:38:14,080 --> 00:38:21,040 Speaker 4: believe it. They let me go and I'll be lying 666 00:38:21,080 --> 00:38:25,799 Speaker 4: out of there, you know, call my family and told 667 00:38:25,840 --> 00:38:34,919 Speaker 4: him and there was overjoyed, but it was it's still 668 00:38:34,960 --> 00:38:36,520 Speaker 4: a lot now just thinking about it. 669 00:38:37,080 --> 00:38:39,600 Speaker 2: I can't imagine. Nobody can imagine that hasn't been through it. 670 00:38:39,880 --> 00:38:46,040 Speaker 4: You know, that was the best moment for me in prison. 671 00:38:47,280 --> 00:38:50,480 Speaker 4: That and learning some stuff about myself because you know, 672 00:38:50,640 --> 00:38:52,880 Speaker 4: like I became the director of that used as system 673 00:38:52,960 --> 00:38:56,520 Speaker 4: program and I used to mentor teens that used to 674 00:38:56,520 --> 00:38:58,799 Speaker 4: bring high school kids in and I used to speak 675 00:38:58,840 --> 00:39:01,799 Speaker 4: to them about my life, life story, about how I 676 00:39:01,880 --> 00:39:03,960 Speaker 4: end up serving a life. Scientists for a quim I 677 00:39:03,960 --> 00:39:07,400 Speaker 4: didn't commit and how easy it is full you to 678 00:39:07,480 --> 00:39:10,279 Speaker 4: find yourself in situations like this by the company that 679 00:39:10,320 --> 00:39:14,360 Speaker 4: you keep in, the choices that you make, and the 680 00:39:14,440 --> 00:39:18,040 Speaker 4: bro shure that I penned had the title. You know, 681 00:39:18,160 --> 00:39:20,520 Speaker 4: you never get a second chance for first impression. 682 00:39:21,560 --> 00:39:25,600 Speaker 2: It's been an extraordinary experience for me getting to know 683 00:39:25,719 --> 00:39:31,080 Speaker 2: you and learning about your story. Of course, you know, 684 00:39:31,400 --> 00:39:34,239 Speaker 2: I thank you for coming in and sharing it, and 685 00:39:34,400 --> 00:39:37,880 Speaker 2: I think that through your words it's going to inspire 686 00:39:38,680 --> 00:39:42,240 Speaker 2: a lot of people to keep fighting whatever they're up against. 687 00:39:42,640 --> 00:39:45,440 Speaker 2: And now it's time for my favorite part of the show. 688 00:39:45,680 --> 00:39:49,680 Speaker 2: Fans of the podcast know that this is the time 689 00:39:49,719 --> 00:39:54,800 Speaker 2: when I turn off my microphone and just sit back 690 00:39:55,120 --> 00:39:58,640 Speaker 2: and leave your microphone on. For closing arguments. 691 00:39:59,200 --> 00:40:01,000 Speaker 4: I guess the one of the most things that I 692 00:40:01,000 --> 00:40:05,920 Speaker 4: could possibly say is for jurors, because district attorneys is 693 00:40:06,000 --> 00:40:10,040 Speaker 4: going to be them. They trying to win cases. Officers 694 00:40:10,120 --> 00:40:14,160 Speaker 4: are trying to lock people up. But as a juror, 695 00:40:14,880 --> 00:40:19,680 Speaker 4: it is your job to discern the truth, to find 696 00:40:19,680 --> 00:40:24,000 Speaker 4: the truth, and sometimes I guess they get more clouded 697 00:40:24,040 --> 00:40:29,480 Speaker 4: by what took place as opposed to what is the truth, 698 00:40:31,120 --> 00:40:35,360 Speaker 4: and so emotions come into play with everything as opposed 699 00:40:35,360 --> 00:40:39,839 Speaker 4: to rational and that's why you can find individuals such 700 00:40:39,840 --> 00:40:43,359 Speaker 4: as myself in positions like this where you can do 701 00:40:43,520 --> 00:40:47,600 Speaker 4: time for a crime you didn't commit, because people's emotions 702 00:40:47,600 --> 00:40:51,040 Speaker 4: are more tied up in the event, but not trying 703 00:40:51,080 --> 00:40:54,080 Speaker 4: to find the actual truth when they sit on jerors 704 00:40:54,400 --> 00:40:58,319 Speaker 4: on jury. I believe part of that outside of what 705 00:40:58,360 --> 00:41:03,799 Speaker 4: the district attorney did it detective did, the jurors are 706 00:41:03,840 --> 00:41:07,600 Speaker 4: the ones who has the final say, and if they 707 00:41:07,600 --> 00:41:11,360 Speaker 4: don't use rationale to decipher the truth from the garbage 708 00:41:11,360 --> 00:41:14,920 Speaker 4: that is being spewed out there, that's why there's so 709 00:41:14,960 --> 00:41:19,880 Speaker 4: many of us in prison. Ruefully, anyone out there that 710 00:41:19,960 --> 00:41:23,800 Speaker 4: is going through a situation such as this, just continue fighting. 711 00:41:24,000 --> 00:41:33,560 Speaker 4: No one knows what the future holds and his hope. 712 00:41:35,600 --> 00:41:38,200 Speaker 2: Don't forget to give us a fantastic review wherever you 713 00:41:38,239 --> 00:41:39,319 Speaker 2: get your podcasts. 714 00:41:39,400 --> 00:41:40,320 Speaker 3: It really helps. 715 00:41:40,760 --> 00:41:43,600 Speaker 2: And I'm a proud donor to the Innocence Project and 716 00:41:43,640 --> 00:41:46,359 Speaker 2: I really hope you'll join me in supporting this very 717 00:41:46,400 --> 00:41:50,400 Speaker 2: important cause and helping to prevent future wrongful convictions. Go 718 00:41:50,480 --> 00:41:53,280 Speaker 2: to Innocence Project dot org to learn how to donate 719 00:41:53,360 --> 00:41:56,239 Speaker 2: and get involved. I'd like to thank our production team 720 00:41:56,360 --> 00:41:59,279 Speaker 2: Connor Hall and Kevin Wartis. The music in the show 721 00:41:59,360 --> 00:42:02,680 Speaker 2: is by three I'm Oscar nominated composer Jay Ralph. Be 722 00:42:02,760 --> 00:42:05,880 Speaker 2: sure to follow us on Instagram at Wrongful Conviction and 723 00:42:05,960 --> 00:42:10,120 Speaker 2: on Facebook at Wrongful Conviction podcast. Wrongful Conviction with Jason 724 00:42:10,160 --> 00:42:13,080 Speaker 2: Flam is a production of Lava for Good Podcasts and 725 00:42:13,160 --> 00:42:15,520 Speaker 2: association with Signal Company Number one