WEBVTT - #377 Jason Flom with Tyrone Noling

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<v Speaker 1>Our original coverage of Tyrone Noling's case was released on

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<v Speaker 1>December one, twenty twenty one. Since then, there have been

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<v Speaker 1>some developments. This reissue comes with an update from Ohio

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<v Speaker 1>and Is Project staff attorney Brian Howe on where Tyrone's

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<v Speaker 1>case currently lies. In nineteen ninety, eighteen year old Tyrone

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<v Speaker 1>Noling lived with friends whose ages ranged from fourteen to

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<v Speaker 1>twenty in Alliance, Ohio. With no real adult supervision or resources.

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<v Speaker 1>The boys engaged in several minor robberies, including one where

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<v Speaker 1>Tyrone had accidentally fired a stolen twenty five caliber pistol

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<v Speaker 1>into the floor and no one was hurt. The young

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<v Speaker 1>men were arrested and Tyrone and his friend Gary Saint

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<v Speaker 1>Clair pled guilty around that same time. One county away

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<v Speaker 1>in Atwater, Ohio, on April fifth, nineteen ninety, Bernhardt and

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<v Speaker 1>Cora Harding were shot to death in their home with

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<v Speaker 1>the twenty five caliber gun. The sheriff's office immediately had

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<v Speaker 1>several leads, including Tyrone and his friends, but after ballistics

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<v Speaker 1>testing showed the Tyrone's twenty five caliber gun was not

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<v Speaker 1>a match to the murder weapon, and with no other

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<v Speaker 1>physical evidence or eyewitness accounts, Tyrone and his friends were

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<v Speaker 1>dismissed as suspects. Nevertheless, when the investigation failed to nail

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<v Speaker 1>the other more viable suspects, investigators turned back to Tyrone

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<v Speaker 1>and his friends, who were coerced into turning on one

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<v Speaker 1>another by lies about non existent evidence and the real

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<v Speaker 1>threat of the death penalty. His friends Joey Dallasandro, Butch Walcott,

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<v Speaker 1>and Gary Saint Clair agreed to tout the false narrative in

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<v Speaker 1>which Tyrone and Gary Saint Clair murdered the Hardings testimony

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<v Speaker 1>they all later recanted. However, without knowledge of the much

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<v Speaker 1>more likely suspects, and only presented with the false testimonies,

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<v Speaker 1>the jury sent Tyrone to death row, from where he

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<v Speaker 1>and the Ohioanists Project continue to fight to clear his

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<v Speaker 1>name to.

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<v Speaker 2>This very day. This is wrongful conviction. Welcome back to

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<v Speaker 2>wrongful conviction.

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<v Speaker 1>This is a hard one even for me, because this

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<v Speaker 1>is one of the most twisted, entangled, nonsensical, and I'm

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<v Speaker 1>gonna say evil, wrongful convictions that I know of, And

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<v Speaker 1>of course I'm referring to the case of Tyrone Knowling.

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<v Speaker 1>Tyrone has been on death row in Ohio for over

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<v Speaker 1>thirty years, where he remains to this day and with

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<v Speaker 1>us today to talk about the case is a man

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<v Speaker 1>who knows it like the back of his hand, Brian How.

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<v Speaker 1>Brian is an attorney with the Ohio Innocence Project. So, Brian,

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<v Speaker 1>I'm glad you're here, but Jesus, this is gonna be

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<v Speaker 1>a tough one. Thanks Jason, and Tyrone, I'm so glad

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<v Speaker 1>you're here with us today, even though I'm so very

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<v Speaker 1>sorry because of the reason why you're here and even

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<v Speaker 1>more so because of where you are.

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<v Speaker 3>Thank you.

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<v Speaker 1>So Tyrone, let's start by going back before everything that's happened.

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<v Speaker 1>What was your life like growing up?

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<v Speaker 4>I grew up in a small town outside of Kanton, Ohio,

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<v Speaker 4>in Stark County called Alliance.

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<v Speaker 3>I grew up in a one parent home with four.

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<v Speaker 4>Other siblings, and my childhood was like any other childhood.

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<v Speaker 4>Did sports, went to school, and as I got older,

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<v Speaker 4>I got in a little trouble, but for the most part,

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<v Speaker 4>life at home was pretty good. Turned eighteen and pretty

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<v Speaker 4>much found myself on my own, just hanging out with

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<v Speaker 4>a group of friends that I.

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<v Speaker 1>Had grew up with, and the group of friends that

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<v Speaker 1>you mentioned here. You're talking about Johnny Trandafair, Gary Saint

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<v Speaker 1>Clair and Joseph Dlasandra and Butch Walcott and the latter

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<v Speaker 1>three all play a part in this wrongful conviction. Now,

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<v Speaker 1>you all were staying together in the same house, right, Yeah, I.

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<v Speaker 4>Didn't really know, Butch Wilcock. I grew up with Gary

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<v Speaker 4>Saint Clair and Joey Dallas Sandro. We lived pretty much

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<v Speaker 4>in the same neighborhood and knew each other since kindergarten.

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<v Speaker 4>Gary's stepdad had an accident and the house became vacant,

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<v Speaker 4>so we all just started congregating there.

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<v Speaker 3>We were just hanging out. We were doing.

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<v Speaker 4>Dumb stuff, you know, bought pizza, chase, girls, stayed up late.

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<v Speaker 1>And Brian, I want to bring you back in here. So,

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<v Speaker 1>like Tyrone says, he was getting into some trouble, which

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<v Speaker 1>is what leads to the connection with this crime, right sure.

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<v Speaker 5>I mean the reason that Tyrone was on the radar

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<v Speaker 5>of investigators was that there were two burglaries that happened

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<v Speaker 5>the next county over the Tyrone was ultimately arrested for

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<v Speaker 5>completed guilty to and those robberies were what made him

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<v Speaker 5>a target in the Harding murder investigation to begin with.

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<v Speaker 1>Right, Tyrone and the other young men were involved in

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<v Speaker 1>some burglaries, and in one he did have a gun

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<v Speaker 1>that they got from another robbery, and the gun went

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<v Speaker 1>off accident and shot directly into the floor, but Tyrone

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<v Speaker 1>made sure that no one was hurt before running away.

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<v Speaker 1>I mean, this is not a guy who was out

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<v Speaker 1>to hurt anyone. He was definitely doing some very dumb things,

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<v Speaker 1>but not a violent guy. And he was arrested for

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<v Speaker 1>those robberies, pled guilty, and ended up serving time in prison.

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<v Speaker 1>And that leads us up to this crime, which happens

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<v Speaker 1>faithfully around the same time. I'm talking about April fifth,

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<v Speaker 1>nineteen ninety, which is when Bernhardt and Cora Harding, both

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<v Speaker 1>eighty one years old, were shot to death in their

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<v Speaker 1>own home. From the look of things, they had been

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<v Speaker 1>doing some spring cleaning and they were shot while sitting

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<v Speaker 1>at their dining room table. This isn't at Water, Ohio,

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<v Speaker 1>which is a rural town in Portage County.

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<v Speaker 5>And if you don't know at Water, Ohio, it's almost

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<v Speaker 5>a stretch to call it a town. The people who

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<v Speaker 5>live within a square mile of this you could count

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<v Speaker 5>on your hands.

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<v Speaker 1>So let me set the stage. Saturday, April seventh, nineteen ninety.

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<v Speaker 1>At six fifteen pm, Chief Detective Dwayne Cayley was notified

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<v Speaker 1>by dispatcher Kathy Rabino that Jim Rabino had called and

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<v Speaker 1>reported that there were two people laying on the kitchen

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<v Speaker 1>floor at the neighbor's house. Jim's mother, who had lived

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<v Speaker 1>next door to the Hartigs for thirty years, asked him

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<v Speaker 1>to go check on them when she noticed their garage

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<v Speaker 1>had been opened with the lawnmower outside for almost three days.

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<v Speaker 1>There was no answer when he knocked on the door,

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<v Speaker 1>and their car was in the garage. He looked inside

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<v Speaker 1>and saw the heardgs laying on the kitchen floor. Now

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<v Speaker 1>ten twenty five caliber shellcases were found on the floor

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<v Speaker 1>of the Hartig home. Papers from the living room desk

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<v Speaker 1>were scattered around the room. Dresser drawers and jewelry boxes

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<v Speaker 1>were opened and had been rifled through. At this point,

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<v Speaker 1>Detective Kayley reported that they didn't seem to be any

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<v Speaker 1>signs of struggle from the victims. Mister Hardigs wallet was

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<v Speaker 1>in his pocket and the money was still inside, so

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<v Speaker 1>there was no force entry found in the house, and

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<v Speaker 1>it seemed as if there had been at least one

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<v Speaker 1>other person sitting at the kitchen table. You want to

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<v Speaker 1>take it from here, because this gets weirder and weirder.

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<v Speaker 5>Sure, so, it's not a usual occurrence in at Water,

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<v Speaker 5>Ohio to have a double murder, especially eighty plus year

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<v Speaker 5>old victims. And so the Sheriff's department began investigating. One

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<v Speaker 5>of the first leads that they had, and this is

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<v Speaker 5>even as they are processing the scene, they get a

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<v Speaker 5>call from a roller rink, maybe a couple of miles away,

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<v Speaker 5>and there is a person there saying that he lost

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<v Speaker 5>a twenty five caliber pistol there on Friday night. He

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<v Speaker 5>was looking for it, trying to see if anyone had

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<v Speaker 5>turned it in. He was worried that some kids were

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<v Speaker 5>going to find it. And the person is a man

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<v Speaker 5>named Dennis van Steinberg who lived in the area. Police

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<v Speaker 5>investigate that, but while they're doing that, leads are sort

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<v Speaker 5>of pouring in. Right This is a big deal in

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<v Speaker 5>the county, it's a big deal in the city. One

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<v Speaker 5>of the tips they get again almost right away, is

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<v Speaker 5>from a high school student named Nathan Chesley, and he

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<v Speaker 5>says that my foster brother told me that he was

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<v Speaker 5>the person who had killed the Heartiggs. And so police

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<v Speaker 5>are investigating that lead as well.

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<v Speaker 1>Okay, so right off the bat, they have some pretty

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<v Speaker 1>strong leads here, right, So what's going on with the

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<v Speaker 1>first guy, Dennis van Steinberg.

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<v Speaker 5>They go talk to him. He says, well, yes, I

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<v Speaker 5>did have a twenty five. I don't know where it went.

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<v Speaker 5>It must have fallen out of my car or something

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<v Speaker 5>like that around the time of the murders. He said

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<v Speaker 5>he had found it. So the police check the pistol

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<v Speaker 5>to the ballistics of the rounds recovered from the scene

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<v Speaker 5>and it's not a match. And so at that point

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<v Speaker 5>the investigation into van Steinberg sort of fades away. In

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<v Speaker 5>the meantime, a police have followed up on Nathan Chesley's tip.

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<v Speaker 5>They go to his house, which is a woman who

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<v Speaker 5>had fostered a lot of sort of troubled teens in

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<v Speaker 5>the area. It's less than a mile and a half

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<v Speaker 5>from the scene. And you remember, there's not a lot

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<v Speaker 5>of people who live as close as Nathan Chesley did

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<v Speaker 5>to the victims in this case. And so the police

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<v Speaker 5>ask whether there's a foster brother around who they can interview,

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<v Speaker 5>and they're told there's a foster brother. He's only fourteen

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<v Speaker 5>years old. And they eliminate this foster brother pretty quickly.

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<v Speaker 5>In the meantime, they also get a tip from the

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<v Speaker 5>neighboring county, Stark County. Stark County has been investigating a

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<v Speaker 5>series of break in where a group of teenagers has

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<v Speaker 5>been going to various houses saying my car broke down

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<v Speaker 5>and I'd like to use your telephone. When they're let

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<v Speaker 5>inside the house, they then produce a shotgun and it

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<v Speaker 5>turns out to be a fake thirty eight caliber revolver

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<v Speaker 5>and they take various valuables VCRs, jewelry, things like that,

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<v Speaker 5>and that turns out to be Tyrone Noling and his

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<v Speaker 5>co defendants. So Tyrone is arrested with his co defendants

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<v Speaker 5>and they find a twenty five caliber gun, so now

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<v Speaker 5>it's very interesting to the Porge County authorities. They test

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<v Speaker 5>that one for ballistics and it turns out that it

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<v Speaker 5>does not match the one that was used in the crime.

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<v Speaker 1>I mean, there's no getting around that. So at this

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<v Speaker 1>point the sheriff knows that these guys, Tyrone and his

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<v Speaker 1>friends are not involved in the murders.

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<v Speaker 5>So at that point the investigation sort of stalls out

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<v Speaker 5>for about a year. The detectives are facing pressure, they

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<v Speaker 5>come up with another lead, this time they talk to

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<v Speaker 5>the Hardiggs doctor doctor Canone. The week before the bodies

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<v Speaker 5>were found, mister Hardigg told doctor Canone that he had

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<v Speaker 5>lent ten thousand dollars to an insurance salesman, that the

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<v Speaker 5>insurance salesman had failed to pay when the loan had

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<v Speaker 5>come due on April first, that something fishy was going

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<v Speaker 5>on with this loan and with the insurance salesman explanation

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<v Speaker 5>for why I refused to pay, and as soon as

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<v Speaker 5>he got off the phone with doctor Canone, he was

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<v Speaker 5>going to go sort this out with the insurance salesman.

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<v Speaker 5>The police start to look at insurance salesmen that the

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<v Speaker 5>Heartiggs had dealt with, and they find a man named

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<v Speaker 5>Lewis Leman. Lewis Leman denies having taken out alone, but

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<v Speaker 5>he was the insurance salesman for the Hertiggs. And what's more,

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<v Speaker 5>he had a twenty five caliber pistol as well. Unlike

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<v Speaker 5>the other two pistols that the police have compared, they're

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<v Speaker 5>able to look up the make and model and see

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<v Speaker 5>that the pistol Lehman had was consistent with the general

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<v Speaker 5>rifling characteristics of the rounds that were found in the house.

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<v Speaker 5>They asked Leman where his twenty five cal pistol was.

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<v Speaker 5>He said, well, I must have sold it. I don't

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<v Speaker 5>remember who bought it, I don't remember when I sold it,

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<v Speaker 5>and I'm done answering questions from you all. He refused

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<v Speaker 5>to take a lot of detector test and basically stopped

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<v Speaker 5>talking to detectives, and at that point the investigation had

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<v Speaker 5>basically completely stalled out.

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<v Speaker 1>So this lead with Lehman, I mean, if this was

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<v Speaker 1>a movie script, you'd say that this is it was

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<v Speaker 1>too obvious. Right. What I'm trying to wrap my head

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<v Speaker 1>around here is this sounds like the investigators are just

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<v Speaker 1>bungling this at every stage and we haven't even gotten

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<v Speaker 1>to one of the craziest leads, and that is this

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<v Speaker 1>guy Dan Wilson.

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<v Speaker 5>That's right. Dan Wilson is arrested for a murder a

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<v Speaker 5>few counties over in northern Ohio. Dan had gotten drunk,

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<v Speaker 5>put a young woman that he'd met earlier that night

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<v Speaker 5>in the trunk of his car, and set the car

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<v Speaker 5>on fire. This was very big news, and law enforcement

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<v Speaker 5>across northeast Ohio started looking at Dan for basically every

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<v Speaker 5>unsolved murder that they had that included the Portis County

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<v Speaker 5>Sheriff's Department. When they did that, they discovered something about

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<v Speaker 5>Dan Wilson that they'd missed earlier, and that is that

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<v Speaker 5>he was a foster brother of Nathan Chesl, the very

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<v Speaker 5>kid who came to them the day after the murder

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<v Speaker 5>and said, my foster brother confessed to that. When the

0:12:56.360 --> 0:12:59.600
<v Speaker 5>detectives followed up on that, they never interviewed Nathan Chesley,

0:13:00.000 --> 0:13:03.400
<v Speaker 5>eliminated the wrong foster brother. They never connected the dots

0:13:03.440 --> 0:13:06.360
<v Speaker 5>to Dan Wilson. They never bothered to interview Nathan Cheslay,

0:13:06.720 --> 0:13:10.080
<v Speaker 5>and so Dan Wilson, who lived within a mile of

0:13:10.120 --> 0:13:14.040
<v Speaker 5>the house and who police now believe is a serial killer,

0:13:14.800 --> 0:13:17.840
<v Speaker 5>was known to them almost immediately after the murder, and

0:13:18.360 --> 0:13:20.040
<v Speaker 5>they let it slip through their fingers. He went on

0:13:20.080 --> 0:13:21.160
<v Speaker 5>to kill another woman.

0:13:36.640 --> 0:13:40.080
<v Speaker 1>This podcast is brought to by Ohio Justice and Policy Center,

0:13:40.120 --> 0:13:43.040
<v Speaker 1>a nonprofit law firm that seeks justice for people to

0:13:43.080 --> 0:13:47.520
<v Speaker 1>directly impact it by Ohio's criminal legal system. OJPC provides

0:13:47.600 --> 0:13:51.680
<v Speaker 1>free legal services to currently and formally incarcerated people. Through

0:13:51.720 --> 0:13:55.600
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0:13:55.679 --> 0:14:00.560
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0:14:00.640 --> 0:14:04.800
<v Speaker 1>individuals with criminal records remove barriers to employment and house it.

0:14:05.280 --> 0:14:09.000
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0:14:09.080 --> 0:14:12.200
<v Speaker 1>denial of medical care. In its twenty five year history,

0:14:12.320 --> 0:14:15.800
<v Speaker 1>OJPC has worked at the policy level and won numerous

0:14:15.880 --> 0:14:19.600
<v Speaker 1>victories in Ohio, including ending juvenile life without parole and

0:14:19.880 --> 0:14:23.600
<v Speaker 1>exempting seriously mentally ill people from the death penalty. To

0:14:23.680 --> 0:14:26.800
<v Speaker 1>learn more about Ohio Justice and Policy Center and how

0:14:26.840 --> 0:14:31.240
<v Speaker 1>you can support its mission, visit OHIOJPC dot org. That's

0:14:31.320 --> 0:14:38.240
<v Speaker 1>OHIOJPC dot org, Ohio Justice and Policy Center. We don't

0:14:38.280 --> 0:14:39.160
<v Speaker 1>write people.

0:14:38.880 --> 0:14:48.880
<v Speaker 5>Off, you know, at the very least. I think it

0:14:48.960 --> 0:14:51.720
<v Speaker 5>must have been embarrassing to the office that they had

0:14:51.840 --> 0:14:55.520
<v Speaker 5>this tip within days of the murder and they didn't

0:14:55.560 --> 0:14:58.280
<v Speaker 5>realize their mistake until Dan Wilson had committed another very

0:14:58.320 --> 0:15:01.880
<v Speaker 5>high profile murder. Right at the same time that that's happening,

0:15:02.200 --> 0:15:05.600
<v Speaker 5>someone gets a call from a woman named Marlene van Steinberg.

0:15:05.760 --> 0:15:09.960
<v Speaker 5>She is, I believe the aunt of Dennis van Steinberg again,

0:15:10.000 --> 0:15:11.840
<v Speaker 5>who was the very first person who they looked at

0:15:11.880 --> 0:15:14.760
<v Speaker 5>and who they eliminated after he turned in his weapon. Well,

0:15:14.880 --> 0:15:18.600
<v Speaker 5>Marlene says that in those first days of the investigation,

0:15:19.560 --> 0:15:23.440
<v Speaker 5>Dennis's father had come over to their house and asked

0:15:23.480 --> 0:15:27.040
<v Speaker 5>his brother, who is Marlene's husband, if he could borrow

0:15:27.160 --> 0:15:31.160
<v Speaker 5>his twenty five caliber pistol for a few weeks. And

0:15:31.280 --> 0:15:33.760
<v Speaker 5>when Richard van Steinberg asked, why do you need my

0:15:33.760 --> 0:15:37.200
<v Speaker 5>twenty five, the response was, well, Dennis had to get

0:15:37.320 --> 0:15:40.520
<v Speaker 5>rid of his because he was in some sort of

0:15:40.560 --> 0:15:43.880
<v Speaker 5>trouble with the police, and he needed a different one

0:15:43.960 --> 0:15:47.520
<v Speaker 5>to give the police, and so they ultimately gave it

0:15:47.560 --> 0:15:50.760
<v Speaker 5>to him, and that was the weapon that was turned

0:15:50.760 --> 0:15:53.680
<v Speaker 5>into the police and eliminated. What's more, Marlene says that

0:15:53.720 --> 0:15:56.960
<v Speaker 5>she called the police to tell them this during that

0:15:57.120 --> 0:16:00.560
<v Speaker 5>original investigation, So the police should have been on notice

0:16:01.120 --> 0:16:04.280
<v Speaker 5>that Dennis van Steinberg is turning in the wrong gun

0:16:04.640 --> 0:16:09.240
<v Speaker 5>for comparison purposes, and they still eliminated van Steinberg as

0:16:09.240 --> 0:16:13.680
<v Speaker 5>a suspect. So those two things are happening right back

0:16:13.720 --> 0:16:16.560
<v Speaker 5>to back. Dan Wilson comes to light and it comes

0:16:16.600 --> 0:16:20.600
<v Speaker 5>to light that they basically wasted a blistic comparison on

0:16:20.640 --> 0:16:22.720
<v Speaker 5>what they should have known was the wrong gun for

0:16:22.760 --> 0:16:23.760
<v Speaker 5>Dennis van Steinberg.

0:16:24.400 --> 0:16:28.240
<v Speaker 1>So we have these incredibly powerful leads that should have

0:16:28.320 --> 0:16:30.760
<v Speaker 1>led them not towards but away from those four boys,

0:16:30.760 --> 0:16:33.640
<v Speaker 1>because there's no connection between these nefarious characters and the

0:16:33.680 --> 0:16:36.760
<v Speaker 1>four kids. What happens next, So that.

0:16:36.800 --> 0:16:40.560
<v Speaker 5>Is when the Porridge County Prosecuting Attorney's office takes over

0:16:40.600 --> 0:16:44.120
<v Speaker 5>the investigation and they assigned their own investigator to the case,

0:16:44.600 --> 0:16:46.040
<v Speaker 5>a man named Ron Craig.

0:16:46.840 --> 0:16:50.880
<v Speaker 1>Yes, Ron Craig, let's not skip over this character. From

0:16:50.880 --> 0:16:57.400
<v Speaker 1>my understanding, he was known for his extremely aggressive interrogation techniques,

0:16:58.000 --> 0:17:02.000
<v Speaker 1>for playing fast and loose with the rules in order

0:17:02.080 --> 0:17:04.320
<v Speaker 1>to get results that he wanted.

0:17:04.480 --> 0:17:08.240
<v Speaker 5>That's right. Ron Craig was a person who the prosecuting

0:17:08.280 --> 0:17:13.040
<v Speaker 5>Attorney's office turned to who could crack this case open

0:17:13.080 --> 0:17:17.919
<v Speaker 5>through aggressive interrogation get results. That is what he was

0:17:18.000 --> 0:17:20.720
<v Speaker 5>known for at that time. If you look at where

0:17:20.720 --> 0:17:24.160
<v Speaker 5>the investigation was when they took it over, Dan Wilson

0:17:24.200 --> 0:17:26.520
<v Speaker 5>at that time was under indictment for murder. You could

0:17:26.520 --> 0:17:29.399
<v Speaker 5>not interview him without an attorney. Lewis Lehman at that

0:17:29.440 --> 0:17:33.200
<v Speaker 5>point was not cooperating. He had gotten an attorney as well.

0:17:33.359 --> 0:17:36.840
<v Speaker 5>Maybe the most logical place for Ron Craig to go

0:17:37.440 --> 0:17:39.960
<v Speaker 5>was back to these other four kids who had also

0:17:40.040 --> 0:17:44.000
<v Speaker 5>been eliminated through ballistics and try to see what he

0:17:44.040 --> 0:17:47.199
<v Speaker 5>could do in terms of interrogating them, and so he

0:17:47.320 --> 0:17:51.399
<v Speaker 5>started with Butch Walcott, who was sixteen years old at

0:17:51.440 --> 0:17:51.760
<v Speaker 5>the time.

0:17:52.880 --> 0:17:56.240
<v Speaker 1>Yeah, and this part it gets more and more disturbing

0:17:56.440 --> 0:18:00.040
<v Speaker 1>because they took these four young kids, and with the

0:18:00.640 --> 0:18:03.679
<v Speaker 1>very real threat of the death penalty, they were able

0:18:03.800 --> 0:18:08.080
<v Speaker 1>to scare these kids and brow beat them into saying

0:18:08.160 --> 0:18:12.160
<v Speaker 1>things that they knew weren't true because they weren't there

0:18:12.160 --> 0:18:15.160
<v Speaker 1>and they didn't know anything. And basically, as in other

0:18:15.359 --> 0:18:18.840
<v Speaker 1>false confession cases or false eyewitness cases that we've seen

0:18:18.840 --> 0:18:21.840
<v Speaker 1>over and over again, they were fed the information by

0:18:21.880 --> 0:18:25.440
<v Speaker 1>the police and then they were given basically a Sophie's choice,

0:18:25.480 --> 0:18:28.560
<v Speaker 1>either you lie and implicate your friends, or we are

0:18:28.600 --> 0:18:31.280
<v Speaker 1>going to send you to death row. Right, am I

0:18:31.359 --> 0:18:32.840
<v Speaker 1>missing ay saying no?

0:18:32.880 --> 0:18:35.240
<v Speaker 5>And I mean for Butcher if you read the series

0:18:35.280 --> 0:18:38.280
<v Speaker 5>of interrogations and statements that he makes, at least my

0:18:38.400 --> 0:18:41.400
<v Speaker 5>impression is that he was terrified, and it's clear as

0:18:41.440 --> 0:18:45.040
<v Speaker 5>he's just trying to do his best. He continues to

0:18:45.080 --> 0:18:47.680
<v Speaker 5>insist he wasn't there, he had nothing to do with this.

0:18:48.200 --> 0:18:49.879
<v Speaker 5>He tells them everything they want to know about the

0:18:49.920 --> 0:18:52.760
<v Speaker 5>two robberies that happened in Stark County, but he says,

0:18:52.760 --> 0:18:55.560
<v Speaker 5>we never went to Fordage County. We never went out

0:18:55.600 --> 0:18:58.880
<v Speaker 5>to atwater. He doesn't know where it is. And that's

0:18:58.920 --> 0:19:01.880
<v Speaker 5>not an answer that ron Craig is going to accept.

0:19:02.080 --> 0:19:05.399
<v Speaker 5>So what they do is they send him to a

0:19:05.760 --> 0:19:10.440
<v Speaker 5>child psychologist, who then puts Butch, the sixteen year old kid,

0:19:10.520 --> 0:19:14.560
<v Speaker 5>under hypnosis in order to recover what they allege our

0:19:14.960 --> 0:19:18.879
<v Speaker 5>repressed memories of the murder. And so under hypnosis, they

0:19:18.880 --> 0:19:21.399
<v Speaker 5>would ask things like when did the murder take place?

0:19:21.440 --> 0:19:24.080
<v Speaker 5>And Butch would say, well, it was not quite dark,

0:19:24.119 --> 0:19:26.040
<v Speaker 5>but it was not quite light. I don't know, maybe

0:19:26.040 --> 0:19:28.720
<v Speaker 5>somewhere in between. I just don't remember. And he would

0:19:28.760 --> 0:19:31.199
<v Speaker 5>give answers like that to every question, and even these

0:19:31.240 --> 0:19:34.320
<v Speaker 5>psychologists at the time that if we keep this up,

0:19:34.359 --> 0:19:36.879
<v Speaker 5>he's just going to say false things to try and

0:19:37.000 --> 0:19:40.639
<v Speaker 5>make the investigators happy because he's so terrified. But it

0:19:40.680 --> 0:19:41.560
<v Speaker 5>didn't stop.

0:19:41.320 --> 0:19:43.960
<v Speaker 1>It, right, And I want to also mention that this

0:19:44.119 --> 0:19:47.959
<v Speaker 1>detective Ron Craig made sure to separate Butch from his father.

0:19:48.320 --> 0:19:52.800
<v Speaker 1>This detective pressured young Butch Walcott relentlessly lying directly to

0:19:52.840 --> 0:19:55.760
<v Speaker 1>the kid. That's right, that he had hard evidence implicating him,

0:19:55.760 --> 0:19:58.639
<v Speaker 1>including a witness and DNA matches, right, so you know

0:19:58.680 --> 0:20:00.960
<v Speaker 1>you can imagine what's going on in poor kid's brain,

0:20:01.440 --> 0:20:04.399
<v Speaker 1>where it's just getting completely scrambled. He's just given these answers.

0:20:04.400 --> 0:20:07.720
<v Speaker 1>They don't make any sense. And let us not forget

0:20:08.080 --> 0:20:12.000
<v Speaker 1>that the tape recorder was only turned on when Walcott

0:20:12.040 --> 0:20:14.720
<v Speaker 1>finally made statements that had been fed to him that

0:20:14.800 --> 0:20:17.960
<v Speaker 1>were consistent with what they wanted to hear. Right, that

0:20:18.160 --> 0:20:21.639
<v Speaker 1>was when he implicated the subject of our show today,

0:20:21.840 --> 0:20:25.679
<v Speaker 1>Tyrone Noling. And then Craig turned to one of the

0:20:25.680 --> 0:20:29.160
<v Speaker 1>other kids, the Alessandro, who said he knew nothing about

0:20:29.160 --> 0:20:32.040
<v Speaker 1>the murders, but his own attorney convinced him and his

0:20:32.040 --> 0:20:34.560
<v Speaker 1>family that he should plead bargain to avoid the electric chair.

0:20:35.119 --> 0:20:37.760
<v Speaker 5>That's right, yeah, I mean once they can get Butch

0:20:37.960 --> 0:20:42.000
<v Speaker 5>Wilcott to come up with the story, the rest sort

0:20:42.000 --> 0:20:44.080
<v Speaker 5>of fall in line at that point. They don't need

0:20:44.119 --> 0:20:46.920
<v Speaker 5>to go any further. Tyrone's the main target, and he's

0:20:46.960 --> 0:20:50.080
<v Speaker 5>indicted for aggravated murder with capital specifications.

0:20:50.480 --> 0:20:53.240
<v Speaker 1>Okay. In addition to the other guys, Saint Clair pled

0:20:53.240 --> 0:20:56.320
<v Speaker 1>guilty to the Hertig murders as well. Right, he had

0:20:56.359 --> 0:20:59.520
<v Speaker 1>given into pressure from Detective Craig as well as his

0:20:59.640 --> 0:21:04.960
<v Speaker 1>own attorneys and its family and he was understandably scared

0:21:04.960 --> 0:21:07.760
<v Speaker 1>out of his mind about the death penalty. And then

0:21:07.880 --> 0:21:11.000
<v Speaker 1>Tyrone Knowling is indicted initially for the murders in nineteen

0:21:11.080 --> 0:21:14.800
<v Speaker 1>ninety three. But this is when things get even weirder.

0:21:15.000 --> 0:21:18.280
<v Speaker 1>In June nineteen ninety three, the court entered a nol pross,

0:21:18.520 --> 0:21:22.880
<v Speaker 1>which means that the prosecutor or plaintiff states that they

0:21:22.880 --> 0:21:26.879
<v Speaker 1>will no longer pursue the matter, so they dismissed the case.

0:21:27.400 --> 0:21:30.480
<v Speaker 1>The whole thing should have wrapped up right there. That

0:21:30.520 --> 0:21:31.200
<v Speaker 1>should have been it.

0:21:31.520 --> 0:21:33.800
<v Speaker 5>Well, that's right, And the reason that the case was

0:21:33.840 --> 0:21:38.359
<v Speaker 5>initially dismissed was that almost as soon as they had

0:21:38.400 --> 0:21:42.200
<v Speaker 5>made the deals, both Joey Delassandro and Gary Saint Clair

0:21:42.320 --> 0:21:45.320
<v Speaker 5>started taking them back. You know, it's one thing under

0:21:45.359 --> 0:21:48.320
<v Speaker 5>a lot of pressure, under threats, with deals being offered,

0:21:48.680 --> 0:21:51.200
<v Speaker 5>to sort of agree to it in the abstract, under

0:21:51.240 --> 0:21:55.000
<v Speaker 5>that very immediate pressure. But as the court date actually approached,

0:21:55.320 --> 0:21:59.520
<v Speaker 5>Delessandro recanted asserted their innocence, We had nothing to do

0:21:59.560 --> 0:22:02.159
<v Speaker 5>with this. When Gary Saint Clair recant did in a

0:22:02.160 --> 0:22:05.479
<v Speaker 5>prison interview, said we lied, we were pressured, we had

0:22:05.520 --> 0:22:07.480
<v Speaker 5>nothing to do with this. And at that point I

0:22:07.480 --> 0:22:09.720
<v Speaker 5>think the state had no choice but to gree to

0:22:09.720 --> 0:22:12.480
<v Speaker 5>dismiss the case and tyrone.

0:22:12.600 --> 0:22:15.199
<v Speaker 1>This all has to be so crazy because you have

0:22:15.240 --> 0:22:17.399
<v Speaker 1>your friends and these guys you've known most of your

0:22:17.440 --> 0:22:20.400
<v Speaker 1>life saying things about this crime that you know you

0:22:20.440 --> 0:22:24.160
<v Speaker 1>weren't a part of, but you're indicted for it. And

0:22:24.200 --> 0:22:26.200
<v Speaker 1>then they dropped the charges.

0:22:26.480 --> 0:22:28.760
<v Speaker 4>You know, when they dropped charges against me, I didn't

0:22:28.760 --> 0:22:31.520
<v Speaker 4>see it coming. They offered a deal. I took a

0:22:31.560 --> 0:22:34.600
<v Speaker 4>lie detector test and it was placed on the prosecutor's

0:22:34.680 --> 0:22:38.879
<v Speaker 4>desk on that Friday. By Monday, they were rushing me

0:22:38.920 --> 0:22:41.160
<v Speaker 4>in the back of a courtroom with a judge saying,

0:22:41.200 --> 0:22:43.320
<v Speaker 4>you know, you need to cop out. I don't want

0:22:43.320 --> 0:22:45.520
<v Speaker 4>to sentence you to death. And I'm pleading with.

0:22:45.480 --> 0:22:47.360
<v Speaker 3>Them back there and I'm telling them I didn't do this,

0:22:47.920 --> 0:22:49.440
<v Speaker 3>and so they send me.

0:22:49.359 --> 0:22:51.160
<v Speaker 4>Back and I'm talking to my dad on the phone

0:22:51.320 --> 0:22:53.000
<v Speaker 4>and I'm crying and I'm saying I don't know what

0:22:53.080 --> 0:22:53.280
<v Speaker 4>to do.

0:22:53.400 --> 0:22:54.959
<v Speaker 3>And my dad says, did you do this?

0:22:55.000 --> 0:22:58.160
<v Speaker 4>And I said no, and he just said, well, then

0:22:58.200 --> 0:22:59.240
<v Speaker 4>you stick to your guns.

0:22:59.280 --> 0:23:00.800
<v Speaker 3>And that's what I did, even though I knew the

0:23:00.800 --> 0:23:01.639
<v Speaker 3>osber against me.

0:23:01.680 --> 0:23:03.720
<v Speaker 4>So the next day I go back into the courtroom

0:23:04.320 --> 0:23:07.119
<v Speaker 4>and I stand up, and the judge says, the prosecutor

0:23:07.160 --> 0:23:10.119
<v Speaker 4>wants to say something, and he dis misses every charge

0:23:10.119 --> 0:23:10.560
<v Speaker 4>against me.

0:23:10.880 --> 0:23:13.560
<v Speaker 3>And I can't even explain the feeling at that point.

0:23:13.640 --> 0:23:16.159
<v Speaker 3>I was happy. I wanted to cry, I wanted to yo.

0:23:16.359 --> 0:23:17.640
<v Speaker 3>I just wanted to get out of there.

0:23:18.480 --> 0:23:21.800
<v Speaker 1>I can't even imagine to have them trying to get

0:23:21.840 --> 0:23:25.240
<v Speaker 1>you to take a deal while they know their case

0:23:25.320 --> 0:23:28.600
<v Speaker 1>is falling apart, but they're still trying to force you

0:23:28.760 --> 0:23:32.240
<v Speaker 1>into it with the very real threat of death, of

0:23:32.280 --> 0:23:36.040
<v Speaker 1>the death penalty, and then to just drop it. It's

0:23:36.080 --> 0:23:40.480
<v Speaker 1>like you get dizzy from this, right. So what happened next?

0:23:40.760 --> 0:23:44.000
<v Speaker 4>For three years almost I didn't hear nothing, and then

0:23:44.200 --> 0:23:46.639
<v Speaker 4>all of a sudden, the new prosecutor comes in, and

0:23:46.680 --> 0:23:49.600
<v Speaker 4>now they got Joey back on board. Once he realizes

0:23:49.640 --> 0:23:51.680
<v Speaker 4>all the time he's about to do on other charges

0:23:52.320 --> 0:23:54.399
<v Speaker 4>and decides that he's just going to make up some

0:23:54.400 --> 0:23:57.520
<v Speaker 4>stuff and remembers everything they want him to say, and

0:23:58.160 --> 0:23:59.359
<v Speaker 4>I'm being charged again.

0:24:00.280 --> 0:24:05.040
<v Speaker 1>Happens once again, Brian, what Tyrone is talking about here

0:24:05.200 --> 0:24:07.880
<v Speaker 1>with the election of the new prosecutor in Portage County

0:24:07.920 --> 0:24:11.760
<v Speaker 1>and Joey Dallas Sandro coming back on what's going on there.

0:24:12.920 --> 0:24:16.720
<v Speaker 5>Well, Joey at that point had been serving time on

0:24:16.920 --> 0:24:21.720
<v Speaker 5>unrelated charge and was sort of unhappy with his circumstances

0:24:21.840 --> 0:24:25.280
<v Speaker 5>and his sentence. He reached back out and explored the

0:24:25.320 --> 0:24:28.040
<v Speaker 5>option of what would happen if he did go back

0:24:28.080 --> 0:24:31.400
<v Speaker 5>on his recantation and agree to cooperate, which he ultimately

0:24:31.400 --> 0:24:35.959
<v Speaker 5>agreed to do. That is what caused the state to

0:24:36.080 --> 0:24:42.360
<v Speaker 5>reindict Tyrone. Knowing and now with both Butch and Joey Delssandro,

0:24:42.840 --> 0:24:44.560
<v Speaker 5>they were ready to reprosecute the case.

0:24:44.880 --> 0:24:47.880
<v Speaker 1>So Tyrone's trial begins in January of nineteen ninety six,

0:24:47.960 --> 0:24:52.280
<v Speaker 1>six years after the crime. Right, so, Walcott, dallas Sandro,

0:24:52.400 --> 0:24:54.960
<v Speaker 1>and Saint Clair will call this prosecution witnesses. But the

0:24:55.040 --> 0:25:00.920
<v Speaker 1>former two boys gave testimonies that were very inconsistent details,

0:25:00.960 --> 0:25:05.040
<v Speaker 1>but they nevertheless supported the state's narrative. They said that

0:25:05.200 --> 0:25:08.520
<v Speaker 1>after the second robbery and their alliance Ohio neighborhood, all

0:25:08.560 --> 0:25:13.040
<v Speaker 1>four boys allegedly drove to Atwater, where Tyrone allegedly chose

0:25:13.080 --> 0:25:17.000
<v Speaker 1>the house to rob. Once they were at the Harding house,

0:25:17.440 --> 0:25:21.320
<v Speaker 1>Dallesandro or Walcott said they waited in the car while

0:25:21.400 --> 0:25:24.720
<v Speaker 1>Noling and Saint Clair allegedly went to the front door.

0:25:25.040 --> 0:25:28.960
<v Speaker 1>Some time later, according to Walcott and Dallasandro, Nolan and

0:25:29.000 --> 0:25:31.920
<v Speaker 1>Saint Clair came running from the Harding House and got

0:25:31.960 --> 0:25:37.440
<v Speaker 1>back into the car. Dalasandro testified that he allegedly smelled

0:25:37.480 --> 0:25:41.520
<v Speaker 1>smoke coming from Nolan's gun, and that Walcott said he

0:25:41.600 --> 0:25:45.680
<v Speaker 1>saw the gun smoking. They also said that Nolan confessed

0:25:45.720 --> 0:25:49.119
<v Speaker 1>to them. So, Tyrone, you're a trial and you see

0:25:49.160 --> 0:25:52.280
<v Speaker 1>your friends they're telling these crazy lies. Can you take

0:25:52.359 --> 0:25:53.439
<v Speaker 1>us back to that moment?

0:25:53.960 --> 0:25:55.040
<v Speaker 3>It was unbelievable.

0:25:55.480 --> 0:25:57.760
<v Speaker 4>I've known these guys for all my life and for

0:25:57.840 --> 0:26:01.159
<v Speaker 4>them just to disregard my life life and just to

0:26:01.160 --> 0:26:03.200
<v Speaker 4>sit up and they couldn't even look me in the face.

0:26:03.520 --> 0:26:06.840
<v Speaker 4>They just kept their eyes on the prosecutor. And I

0:26:06.920 --> 0:26:08.880
<v Speaker 4>wanted to get up and screen. I wanted to ask,

0:26:09.080 --> 0:26:10.000
<v Speaker 4>why are you doing this?

0:26:10.680 --> 0:26:13.120
<v Speaker 1>And so dallas Andre and Walcott are saying these things.

0:26:13.119 --> 0:26:17.040
<v Speaker 1>But Saint Clair decides not to lie for the state anymore.

0:26:17.760 --> 0:26:22.680
<v Speaker 1>He recanted his statement before trial and again courageously did

0:26:22.720 --> 0:26:26.280
<v Speaker 1>it again on the stand. He denied going to Atwater

0:26:26.480 --> 0:26:29.879
<v Speaker 1>and committing the murders, and then he was declared a

0:26:29.880 --> 0:26:34.920
<v Speaker 1>hostile witness. And get this, the state read the entirety

0:26:34.960 --> 0:26:38.439
<v Speaker 1>of his prior statement to the jury, which when I

0:26:38.520 --> 0:26:41.040
<v Speaker 1>was reading about this case, I was like, how can

0:26:41.080 --> 0:26:45.600
<v Speaker 1>that even for me? That seems beyond the pale, So Brian,

0:26:45.800 --> 0:26:48.880
<v Speaker 1>what did the defense attorney say, I mean the other suspect?

0:26:48.880 --> 0:26:49.960
<v Speaker 1>What about the other suspects?

0:26:50.160 --> 0:26:53.960
<v Speaker 5>Well, all of these plausible and I think likely ultimate

0:26:54.000 --> 0:26:57.600
<v Speaker 5>suspects who the police had originally investigated and who the

0:26:57.640 --> 0:27:02.640
<v Speaker 5>police hadn't really excluded. None of those names came up

0:27:02.920 --> 0:27:08.120
<v Speaker 5>during Tyrone's original trial, and it's plausible to believe that

0:27:08.320 --> 0:27:12.080
<v Speaker 5>it's because that information wasn't turned over to the defense

0:27:12.119 --> 0:27:14.840
<v Speaker 5>at the time of trial. There was only one theory

0:27:14.920 --> 0:27:17.480
<v Speaker 5>ever presented to the jury about who committed the crime,

0:27:17.760 --> 0:27:20.280
<v Speaker 5>and there were problems with that theory. There were holes

0:27:20.400 --> 0:27:23.080
<v Speaker 5>in that theory. You remember, the twenty five caliber gun

0:27:23.119 --> 0:27:25.160
<v Speaker 5>that Tyrone and his friends had taken in the prior

0:27:25.240 --> 0:27:28.320
<v Speaker 5>robbery was still excluded. It was not the murder weapon.

0:27:29.000 --> 0:27:30.560
<v Speaker 5>So they just had to come up with another story

0:27:30.560 --> 0:27:32.880
<v Speaker 5>about how they must have had a second twenty five

0:27:32.960 --> 0:27:35.760
<v Speaker 5>caliber gun and they must have picked it up somewhere

0:27:35.840 --> 0:27:37.679
<v Speaker 5>and then they got rid of it somewhere. And there

0:27:37.680 --> 0:27:41.080
<v Speaker 5>were things about this that didn't make sense. But I

0:27:41.160 --> 0:27:45.359
<v Speaker 5>think the community was still really hurt and outraged by

0:27:45.640 --> 0:27:49.920
<v Speaker 5>this murder, and they were only really given one theory

0:27:50.080 --> 0:27:52.920
<v Speaker 5>as to what happened, and despite the problems in that theory,

0:27:53.320 --> 0:27:54.080
<v Speaker 5>he was convicted.

0:27:54.760 --> 0:27:58.200
<v Speaker 1>Huh So, Tyrone, when the jury went out to deliberate,

0:27:58.400 --> 0:28:00.560
<v Speaker 1>did you have any hope at all all the things

0:28:00.560 --> 0:28:01.760
<v Speaker 1>were going to go with your favor.

0:28:02.680 --> 0:28:05.560
<v Speaker 4>I always stayed optimistic, even though I knew the cars

0:28:05.560 --> 0:28:09.000
<v Speaker 4>were stacked against me, And I kind of remember when.

0:28:08.880 --> 0:28:11.200
<v Speaker 3>They came and got me from the county jail.

0:28:11.320 --> 0:28:13.360
<v Speaker 4>They was taking me up the steps and they were

0:28:13.359 --> 0:28:15.720
<v Speaker 4>lined up with deputy sheriffs all the way up, and that.

0:28:15.680 --> 0:28:19.200
<v Speaker 3>Had never happened before. So my heart just sank at

0:28:19.200 --> 0:28:19.680
<v Speaker 3>that point.

0:28:19.760 --> 0:28:22.399
<v Speaker 4>And I remember being in the courtroom and the jury

0:28:22.400 --> 0:28:24.760
<v Speaker 4>coming in and one of the young ladies that was

0:28:24.800 --> 0:28:27.119
<v Speaker 4>a juror, she sat down and she looked at me

0:28:27.200 --> 0:28:30.800
<v Speaker 4>and she started crying, and I knew it was over.

0:28:30.880 --> 0:28:31.040
<v Speaker 1>Then.

0:28:48.280 --> 0:28:49.320
<v Speaker 3>I was scared to death.

0:28:49.560 --> 0:28:52.560
<v Speaker 4>I'm about to go someplace that they say is the

0:28:52.600 --> 0:28:53.480
<v Speaker 4>worst of the worst.

0:28:53.800 --> 0:28:56.760
<v Speaker 3>You're sentenced to death, You're sentenced to dot people that

0:28:56.840 --> 0:29:00.520
<v Speaker 3>have committed haineous crimes. I mean, I'm still young man.

0:29:00.840 --> 0:29:03.520
<v Speaker 4>I don't know what to expect, and I have no

0:29:03.680 --> 0:29:05.560
<v Speaker 4>choice because they're going to take me regardless.

0:29:06.080 --> 0:29:08.480
<v Speaker 1>So you have a good team of attorneys filing post

0:29:08.560 --> 0:29:11.840
<v Speaker 1>conviction motions, but they were all denied. And it's important

0:29:11.840 --> 0:29:14.880
<v Speaker 1>to mention here that all of the prosecution's witnesses, all

0:29:14.920 --> 0:29:19.080
<v Speaker 1>of them, Walcott, Dallas, Angele, and Saint Clair, every single

0:29:19.240 --> 0:29:24.240
<v Speaker 1>one of them has since recanted their testimonies. Right then,

0:29:24.280 --> 0:29:27.320
<v Speaker 1>in two thousand and six, the Ohio Innos's Project took

0:29:27.360 --> 0:29:30.120
<v Speaker 1>on your case. Can you tell us how that came about.

0:29:30.800 --> 0:29:35.120
<v Speaker 4>Well, my investigator, Vicki Buckwalter, was hired on and she

0:29:35.200 --> 0:29:37.640
<v Speaker 4>stayed with me after my conviction because she could not

0:29:37.680 --> 0:29:41.400
<v Speaker 4>believe what happened. She helped me contact people, write letters,

0:29:41.760 --> 0:29:44.880
<v Speaker 4>and we contacted the Enniscence Project. It was kind of

0:29:44.880 --> 0:29:49.080
<v Speaker 4>weird because Markazi showed up with a couple of students

0:29:49.520 --> 0:29:51.239
<v Speaker 4>and I thought I was just going there for an

0:29:51.680 --> 0:29:54.080
<v Speaker 4>attorney visit. I told me I thought he had the

0:29:54.120 --> 0:29:56.600
<v Speaker 4>wrong room, and then he proceeded to tell me who

0:29:56.600 --> 0:29:59.200
<v Speaker 4>he was, and I just sat down and I felt

0:29:59.560 --> 0:30:02.400
<v Speaker 4>away off my soulas defined and they finally somebody's going

0:30:02.480 --> 0:30:02.840
<v Speaker 4>to help me.

0:30:03.400 --> 0:30:05.840
<v Speaker 3>I had a lot of respect from gratitude.

0:30:05.320 --> 0:30:09.280
<v Speaker 1>For them in those ensuing fifteen years, bringing us right

0:30:09.320 --> 0:30:11.520
<v Speaker 1>up to the present day, they bound a ton of

0:30:11.560 --> 0:30:14.480
<v Speaker 1>stuff that made it seem like the doors of the

0:30:14.520 --> 0:30:17.760
<v Speaker 1>prison should have sprung open by now and you should

0:30:17.800 --> 0:30:20.720
<v Speaker 1>have walked free right out into the sunshine. But of

0:30:20.840 --> 0:30:24.440
<v Speaker 1>course we know that that's not how the justice system

0:30:24.480 --> 0:30:30.360
<v Speaker 1>works in Ohio or unfortunately in the rest of our country. So, Brian,

0:30:30.440 --> 0:30:32.760
<v Speaker 1>can you tell us what the Ohio Innes's Project has

0:30:32.800 --> 0:30:34.440
<v Speaker 1>been doing to fight this case.

0:30:34.800 --> 0:30:38.600
<v Speaker 5>Originally, the Ohio Innescence Project was representing Tyrone just for

0:30:38.640 --> 0:30:40.760
<v Speaker 5>the purposes of trying to get DNA testing. There are

0:30:40.760 --> 0:30:44.200
<v Speaker 5>a few things that we know one percent were last

0:30:44.400 --> 0:30:46.920
<v Speaker 5>touched by the person who committed the crime, and that

0:30:47.080 --> 0:30:50.400
<v Speaker 5>is the ten shellcasings that were found at the scene,

0:30:50.920 --> 0:30:54.160
<v Speaker 5>and the ring boxes and other items that the perpetrator

0:30:54.200 --> 0:30:57.000
<v Speaker 5>had rifled through after the crime or during the crime.

0:30:57.560 --> 0:31:02.080
<v Speaker 5>DNA technology today is since enough to develop profile from

0:31:02.160 --> 0:31:05.880
<v Speaker 5>even just a few human cells, and so the hope

0:31:06.160 --> 0:31:09.479
<v Speaker 5>was that if we were able to conduct DNA testing

0:31:09.680 --> 0:31:12.800
<v Speaker 5>on those items, that you would develop a clear profile.

0:31:13.160 --> 0:31:16.480
<v Speaker 5>And if that profile does not match Tyrone Knowling or

0:31:16.520 --> 0:31:18.240
<v Speaker 5>any one of his co defendants, that's going to be

0:31:18.400 --> 0:31:21.959
<v Speaker 5>very very strong evidence of his innocence. Unfortunately, we were

0:31:22.000 --> 0:31:24.680
<v Speaker 5>not able to convince the court to allow us to

0:31:24.720 --> 0:31:28.080
<v Speaker 5>conduct that DNA testing, and so to this day that

0:31:28.120 --> 0:31:31.200
<v Speaker 5>evidence has not been tested. In the meantime, Tyrone's other

0:31:31.200 --> 0:31:34.880
<v Speaker 5>attorneys had filed a motion for new trial based on

0:31:35.680 --> 0:31:38.800
<v Speaker 5>very specific pieces of evidence that were uncovered at the

0:31:39.120 --> 0:31:43.760
<v Speaker 5>end of the original investigation by the Sheriff's department. Specifically,

0:31:43.760 --> 0:31:46.640
<v Speaker 5>first of all, the Nathan Chesley tip that was uncovered

0:31:46.680 --> 0:31:51.680
<v Speaker 5>in Tyrone's co defendants files. Secondly, the statement by Marlene

0:31:51.760 --> 0:31:54.200
<v Speaker 5>van Steinberg that the gun that had been eliminated from

0:31:54.200 --> 0:31:56.400
<v Speaker 5>Dennis mann Steinberg was not the actual gun that he

0:31:56.440 --> 0:31:58.480
<v Speaker 5>had on the night that the murder may have taken place.

0:31:58.880 --> 0:32:01.719
<v Speaker 5>And finally, it had been own at the time. The

0:32:01.760 --> 0:32:05.760
<v Speaker 5>police had excluded Tyrone and his friends from the cigarette

0:32:05.760 --> 0:32:10.040
<v Speaker 5>butt using DNA testing, but they had been concerned enough

0:32:10.040 --> 0:32:12.880
<v Speaker 5>about Dan Wilson as a suspect that they had tested

0:32:13.200 --> 0:32:16.920
<v Speaker 5>Dan Wilson against that cigarette butt and he was not

0:32:17.080 --> 0:32:19.880
<v Speaker 5>able to be excluded using the prior period of technology

0:32:20.320 --> 0:32:23.240
<v Speaker 5>that was not turned over, we believe to the defense

0:32:23.360 --> 0:32:26.160
<v Speaker 5>at the time of the original trial either now here

0:32:26.160 --> 0:32:30.280
<v Speaker 5>today we are still waiting for an opportunity to fully

0:32:30.320 --> 0:32:33.840
<v Speaker 5>examine the prosecutor's files, to fully examine the sheriff's files,

0:32:34.160 --> 0:32:36.760
<v Speaker 5>to try to see what if anything, was in these

0:32:36.840 --> 0:32:39.680
<v Speaker 5>files that was subject to disclosure back at the original

0:32:39.840 --> 0:32:41.600
<v Speaker 5>trial in nineteen eighty five ninety six.

0:32:42.920 --> 0:32:45.400
<v Speaker 1>Since we last spoke, Brian Howe and the Ohio Ness

0:32:45.560 --> 0:32:48.400
<v Speaker 1>Project have been fighting Tyrone's case by trying to prove

0:32:48.480 --> 0:32:51.720
<v Speaker 1>that compelling leads and evidence had been concealed from the

0:32:51.760 --> 0:32:56.040
<v Speaker 1>defense and trial, specifically the insurance salesman Lehman, the Nathan

0:32:56.120 --> 0:33:00.680
<v Speaker 1>Chesley tip, Marleine van Steinberg, and Dennis van Steinberg's gun,

0:33:00.960 --> 0:33:05.080
<v Speaker 1>and the fact that primitive DNA testing had excluded Tyrone

0:33:05.120 --> 0:33:09.040
<v Speaker 1>and his friends from the cigarette butt, yet an alternative suspect,

0:33:09.160 --> 0:33:13.120
<v Speaker 1>Dan Wilson, was not excluded by zerology. All of this

0:33:13.200 --> 0:33:15.400
<v Speaker 1>can be cleared up by access to the state's file

0:33:15.440 --> 0:33:17.880
<v Speaker 1>in this case, and with a procedural rule from the

0:33:17.880 --> 0:33:21.120
<v Speaker 1>Ohio Supreme Court Rule forty two that took effect in

0:33:21.160 --> 0:33:25.320
<v Speaker 1>twenty seventeen, broad access to those files shall be granted

0:33:25.360 --> 0:33:29.000
<v Speaker 1>in the review of a capital case. And shortly after

0:33:29.000 --> 0:33:31.560
<v Speaker 1>the original release of this episode, there was an exciting

0:33:31.600 --> 0:33:32.840
<v Speaker 1>development right.

0:33:32.960 --> 0:33:35.960
<v Speaker 5>So in March of twenty twenty two, the Eleventh District

0:33:36.000 --> 0:33:39.680
<v Speaker 5>Court of Appeals did order the tyrone be given access

0:33:39.920 --> 0:33:43.760
<v Speaker 5>to the States file. We are today discussing with the

0:33:43.920 --> 0:33:47.480
<v Speaker 5>State how to move forward on the Rule forty two access. Specifically,

0:33:47.520 --> 0:33:49.760
<v Speaker 5>there's an issue about the extent to which the defense

0:33:49.800 --> 0:33:52.040
<v Speaker 5>expert is going to have access to the state's file.

0:33:52.320 --> 0:33:54.080
<v Speaker 1>So it's taken a year and a half of pushback

0:33:54.120 --> 0:33:56.400
<v Speaker 1>from the State to decide the conditions of the release

0:33:56.440 --> 0:33:57.400
<v Speaker 1>of these documents.

0:33:57.720 --> 0:33:59.920
<v Speaker 5>Yeah, and I think really more importantly, these were ques

0:34:00.320 --> 0:34:03.800
<v Speaker 5>were in years ago, and in fact, the original remand

0:34:03.880 --> 0:34:05.960
<v Speaker 5>order that said the prosecutor's file should be turned over,

0:34:06.000 --> 0:34:08.319
<v Speaker 5>I mean that was from twenty fourteen. It's I think

0:34:08.400 --> 0:34:13.840
<v Speaker 5>frustrating how long the process has taken. What he's asking

0:34:13.880 --> 0:34:17.239
<v Speaker 5>for couldn't be more reasonable. I mean, he's asking for

0:34:17.800 --> 0:34:20.040
<v Speaker 5>documents that the State says that they've already turned over

0:34:20.080 --> 0:34:22.440
<v Speaker 5>to him. Once all of that being said, I mean,

0:34:22.440 --> 0:34:26.400
<v Speaker 5>the state has agreed to now cooperate and move forward

0:34:26.480 --> 0:34:29.280
<v Speaker 5>with at least part of the access that was requested

0:34:29.320 --> 0:34:31.560
<v Speaker 5>and ordered by the Eleventh District. So I think, you know,

0:34:31.600 --> 0:34:34.080
<v Speaker 5>we're at a stage now where progress is happening.

0:34:33.800 --> 0:34:36.640
<v Speaker 1>And maybe the pushback on the progress is telling, because

0:34:36.640 --> 0:34:38.399
<v Speaker 1>if the state had turned over everything at the time

0:34:38.400 --> 0:34:42.120
<v Speaker 1>of trial, then why bother with the feet dragging here. Meanwhile,

0:34:42.120 --> 0:34:44.360
<v Speaker 1>he continues to sit on death row for a crime

0:34:44.400 --> 0:34:47.840
<v Speaker 1>for which DNA testing had excluded him and his friends.

0:34:48.080 --> 0:34:51.160
<v Speaker 5>They tested the cigarette but originally at the time of trial,

0:34:51.280 --> 0:34:53.759
<v Speaker 5>and Tyrone and all of his co defendants were excluded

0:34:54.080 --> 0:34:57.239
<v Speaker 5>from the cigarette but they knew at the time that

0:34:57.320 --> 0:35:00.520
<v Speaker 5>Dan Wilson was a possible contributor or at least had

0:35:00.520 --> 0:35:04.360
<v Speaker 5>a consistent blood type, and decided not apparently to seek

0:35:04.360 --> 0:35:07.200
<v Speaker 5>additional testing with him at the time of trial. And

0:35:07.360 --> 0:35:10.759
<v Speaker 5>we believe the idea that Dan WILSLM was even a

0:35:10.960 --> 0:35:13.600
<v Speaker 5>possible contributor to this life when the cigarette butt was

0:35:13.640 --> 0:35:16.560
<v Speaker 5>covered up or at least not disclosed to Tyrone's defense

0:35:16.600 --> 0:35:17.720
<v Speaker 5>attorneys at the time of trial.

0:35:18.040 --> 0:35:21.279
<v Speaker 1>How this even went to trial, let alone continues is

0:35:21.400 --> 0:35:24.600
<v Speaker 1>totally beyond me. The only evidence against him were the

0:35:24.640 --> 0:35:27.560
<v Speaker 1>coerced words of his code defendants who were fearing for

0:35:27.600 --> 0:35:30.280
<v Speaker 1>their own lives in the face of the death penalty.

0:35:30.640 --> 0:35:33.480
<v Speaker 1>And yep, you guessed that all of those guys have

0:35:33.600 --> 0:35:37.760
<v Speaker 1>since recanted. While this battle for clarity about this wrongful

0:35:37.800 --> 0:35:42.240
<v Speaker 1>conviction rages on. We will return now to the episode

0:35:42.360 --> 0:35:44.800
<v Speaker 1>as it ended in this ever twenty twenty one, with

0:35:44.960 --> 0:35:49.160
<v Speaker 1>Tyrone still in the same freaking cell. As we continue

0:35:49.239 --> 0:35:53.240
<v Speaker 1>to hope against hope that Brian and the Ohilanis's Project's

0:35:53.239 --> 0:35:56.080
<v Speaker 1>efforts when Tyrone a new trial.

0:35:57.920 --> 0:36:00.399
<v Speaker 5>If he were to get a fair trial to day,

0:36:00.880 --> 0:36:03.040
<v Speaker 5>with all of the evidence that we know in front

0:36:03.040 --> 0:36:06.200
<v Speaker 5>of a jury, there's no chance that he would be convicted.

0:36:06.400 --> 0:36:10.319
<v Speaker 5>And to be in a world where this is all

0:36:10.400 --> 0:36:13.279
<v Speaker 5>sort of continuing to happen, it's continuing to advance in

0:36:13.320 --> 0:36:17.759
<v Speaker 5>slow motion, I mean, it's surreal. Certainly, our hope is

0:36:18.040 --> 0:36:22.680
<v Speaker 5>that he is successful in his current post conviction litigation,

0:36:22.880 --> 0:36:26.719
<v Speaker 5>that we're able to put this evidence finally in front

0:36:26.719 --> 0:36:29.760
<v Speaker 5>of a jury and give him a fair day in court.

0:36:29.920 --> 0:36:33.360
<v Speaker 1>Aymn to that, And Tyrone, for our audience listening today,

0:36:33.640 --> 0:36:36.800
<v Speaker 1>for someone who wants to see you have that fair shot,

0:36:36.840 --> 0:36:39.279
<v Speaker 1>which I'm sure everyone in our audience does, and who

0:36:39.320 --> 0:36:41.759
<v Speaker 1>wants to help and to get involved with writing this

0:36:41.840 --> 0:36:45.160
<v Speaker 1>wrong Is there something that you'd like to ask them

0:36:45.200 --> 0:36:45.520
<v Speaker 1>to do.

0:36:46.040 --> 0:36:48.280
<v Speaker 4>I would encourage them to reach out to our governor,

0:36:48.520 --> 0:36:51.760
<v Speaker 4>to reach out to state and local politicians.

0:36:51.920 --> 0:36:53.640
<v Speaker 3>I would ask them to be a voice.

0:36:53.840 --> 0:36:56.759
<v Speaker 4>Somebody out there knows something, and they can go to

0:36:56.840 --> 0:36:59.440
<v Speaker 4>Tyroneoling dot com or they can get a hold of

0:36:59.480 --> 0:37:02.640
<v Speaker 4>the Innocence Cincinnati and is this project if they're willing

0:37:02.680 --> 0:37:05.080
<v Speaker 4>to help or to be a voice, because I need

0:37:05.120 --> 0:37:05.719
<v Speaker 4>a voice.

0:37:05.960 --> 0:37:07.480
<v Speaker 3>I need that more than anything.

0:37:08.719 --> 0:37:11.600
<v Speaker 1>Yeah, we'll definitely have Tyrone Noling dot Com linked in

0:37:11.640 --> 0:37:14.600
<v Speaker 1>our bio, so please go there and learn what steps

0:37:14.640 --> 0:37:16.560
<v Speaker 1>you can take to help. And I also want to

0:37:16.600 --> 0:37:19.719
<v Speaker 1>mention there's a TV docu series called Death Row Stories

0:37:20.239 --> 0:37:22.279
<v Speaker 1>that did a piece on this case last year called

0:37:22.320 --> 0:37:25.160
<v Speaker 1>The Lost Boy, which shows a very powerful case for

0:37:25.239 --> 0:37:29.719
<v Speaker 1>the actual innocence of Tyron. And with that we turn

0:37:29.840 --> 0:37:32.520
<v Speaker 1>now to closing arguments. This is the part of our

0:37:32.520 --> 0:37:35.960
<v Speaker 1>show where I thank you Tyrone Noling for just being

0:37:36.000 --> 0:37:39.440
<v Speaker 1>with us today sharing your story, and also Brian Howe

0:37:39.440 --> 0:37:42.600
<v Speaker 1>for fighting tirelessly. So again, thank you for doing what

0:37:42.640 --> 0:37:45.080
<v Speaker 1>you're doing and for being here and sharing this awful

0:37:45.120 --> 0:37:47.719
<v Speaker 1>story with our audience. And now closing arguments works just

0:37:47.760 --> 0:37:49.920
<v Speaker 1>like this. I'll kick back in my chair, turn my

0:37:49.960 --> 0:37:53.160
<v Speaker 1>microphone off, leave my headphones on, close my eyes and

0:37:53.320 --> 0:37:56.520
<v Speaker 1>just listen to any final thoughts you want to share.

0:37:56.560 --> 0:37:59.479
<v Speaker 1>So Brian, why don't you go first and we'll save

0:37:59.520 --> 0:38:02.520
<v Speaker 1>the best last. And that's of course that to you Tyrone.

0:38:02.600 --> 0:38:06.000
<v Speaker 1>So Brian closing arguments, well, you know.

0:38:06.040 --> 0:38:08.359
<v Speaker 5>First, let me thank you Jason for what you all

0:38:08.360 --> 0:38:10.960
<v Speaker 5>are doing here. As surreal as it sometimes seems that

0:38:11.000 --> 0:38:14.360
<v Speaker 5>this is still happening, it feels good to know that

0:38:14.400 --> 0:38:18.239
<v Speaker 5>people care, that people are paying attention. It feels good

0:38:18.239 --> 0:38:21.560
<v Speaker 5>to know that there are people who care about what's

0:38:21.560 --> 0:38:24.760
<v Speaker 5>happening in this case and what's happening to Tyrone. Again,

0:38:25.040 --> 0:38:29.880
<v Speaker 5>our hope is that people understand what's happening, that Tyrone

0:38:30.000 --> 0:38:32.160
<v Speaker 5>get a fair day in court. And the other thing

0:38:32.280 --> 0:38:35.160
<v Speaker 5>is is that the fact that Tyrone is innocent, but

0:38:35.320 --> 0:38:37.799
<v Speaker 5>I'm personally one hundred percent convinced of you know, I'm

0:38:37.800 --> 0:38:40.760
<v Speaker 5>not familiar with every death row case in the country,

0:38:40.760 --> 0:38:43.160
<v Speaker 5>but I wouldn't be surprised if he were the strongest

0:38:43.160 --> 0:38:45.880
<v Speaker 5>case of innocence of anyone currently on death row. That

0:38:45.960 --> 0:38:49.840
<v Speaker 5>means that there's someone who is responsible for this crime

0:38:50.280 --> 0:38:53.319
<v Speaker 5>that was never brought to justice, And it means that

0:38:53.360 --> 0:38:55.600
<v Speaker 5>there could be someone out there right now who knows

0:38:55.640 --> 0:38:59.800
<v Speaker 5>something that may have for whatever reason not wanted to

0:38:59.840 --> 0:39:02.840
<v Speaker 5>come forward and I wanted to get involved. I really

0:39:02.960 --> 0:39:05.920
<v Speaker 5>truly hope that that person is out there and that

0:39:06.000 --> 0:39:08.920
<v Speaker 5>they will reach out and come forward with any information

0:39:08.960 --> 0:39:10.960
<v Speaker 5>that they might have about the hard and murders. There

0:39:11.000 --> 0:39:13.880
<v Speaker 5>is a man's life on the line, an innocent man,

0:39:14.040 --> 0:39:18.560
<v Speaker 5>and if people have information, I truly truly hope that

0:39:18.600 --> 0:39:20.680
<v Speaker 5>they'll come forward with it and allow it to be

0:39:20.760 --> 0:39:22.000
<v Speaker 5>raised and brought before the court.

0:39:22.840 --> 0:39:25.719
<v Speaker 1>And now over to you, Tyron Well, I would like.

0:39:25.680 --> 0:39:29.399
<v Speaker 4>To first thank you, and again I think the most

0:39:29.400 --> 0:39:33.120
<v Speaker 4>important thing here is a voice. I'm an innocent person

0:39:33.200 --> 0:39:36.000
<v Speaker 4>on Ohio's death Row and I don't belong here and

0:39:36.040 --> 0:39:40.399
<v Speaker 4>I need help. Now's the time. This is difficult. It's

0:39:40.480 --> 0:39:43.719
<v Speaker 4>difficult cleaning for your life, especially when you haven't been

0:39:43.800 --> 0:39:46.920
<v Speaker 4>heard for a long time. So I would just like

0:39:47.000 --> 0:39:51.160
<v Speaker 4>to thank everybody and to encourage him again to look

0:39:51.200 --> 0:39:54.640
<v Speaker 4>into my case, to get involved, to be a voice

0:39:54.640 --> 0:39:56.520
<v Speaker 4>for me, and to help me get out of here

0:39:56.920 --> 0:39:57.840
<v Speaker 4>because I'm innocent.

0:39:58.719 --> 0:40:01.280
<v Speaker 3>I don't want to be here, So please.

0:40:07.040 --> 0:40:10.120
<v Speaker 1>Thank you for listening to wrongful conviction. I'd like to

0:40:10.160 --> 0:40:13.880
<v Speaker 1>thank our production team Connor Hall, Justin Golden, Jeff Cleiburn,

0:40:13.960 --> 0:40:17.359
<v Speaker 1>and Kevin Wardis with research by Lyla Robinson. The music

0:40:17.400 --> 0:40:20.200
<v Speaker 1>in this production was supplied by three time OSCAR nominated

0:40:20.200 --> 0:40:23.960
<v Speaker 1>composer Jay Ralph. Be sure to follow us on Instagram

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<v Speaker 1>at Wrongful Conviction, on Facebook at Wrongful Conviction Podcast, and

0:40:28.320 --> 0:40:31.440
<v Speaker 1>on Twitter at wrong Conviction, as well as at Lava

0:40:31.480 --> 0:40:34.680
<v Speaker 1>for Good. On all three platforms, you can also follow

0:40:34.760 --> 0:40:38.360
<v Speaker 1>me on both TikTok and Instagram at it's Jason Flamm.

0:40:38.600 --> 0:40:41.360
<v Speaker 1>Wrongful Conviction is a production of Lava for Good podcast

0:40:41.440 --> 0:40:45.920
<v Speaker 1>and association with Signal Company Number one