1 00:00:02,520 --> 00:00:05,800 Speaker 1: I fell into the hands of a corrupt detective. 2 00:00:07,200 --> 00:00:10,000 Speaker 2: I was naive enough to believe that I would be 3 00:00:10,039 --> 00:00:13,000 Speaker 2: able to just present all of my proof of actual innocence, 4 00:00:13,039 --> 00:00:15,560 Speaker 2: that they would investigate adequately, and so that I wouldn't 5 00:00:15,560 --> 00:00:17,160 Speaker 2: be going to prison because I was a good person. 6 00:00:17,200 --> 00:00:18,200 Speaker 2: I hadn't done anything wrong. 7 00:00:19,280 --> 00:00:21,079 Speaker 1: In the back of your mind, you say, well, when 8 00:00:21,079 --> 00:00:23,680 Speaker 1: we go to a hearing or we go to court, 9 00:00:23,720 --> 00:00:26,560 Speaker 1: the truth will come out. The prosecution from day one 10 00:00:26,640 --> 00:00:30,440 Speaker 1: knew I was innocent and let forced testimony go uncorrected 11 00:00:30,880 --> 00:00:33,159 Speaker 1: from the lower courts all the way up to the 12 00:00:33,240 --> 00:00:34,880 Speaker 1: United States Supreme Court. 13 00:00:36,120 --> 00:00:41,280 Speaker 3: You have someone with a badge with ultimate and really, 14 00:00:41,440 --> 00:00:43,800 Speaker 3: in that moment, unchecked authority. 15 00:00:44,640 --> 00:00:47,280 Speaker 2: Don't presume that people are guilty when you see them 16 00:00:47,320 --> 00:00:50,360 Speaker 2: on TV, because it may just be a dirty da 17 00:00:50,600 --> 00:00:52,280 Speaker 2: that is trying to rise upward. 18 00:00:57,760 --> 00:01:12,560 Speaker 4: This is wrongful conviction. Welcome back to Wrongful Conviction with 19 00:01:12,640 --> 00:01:16,479 Speaker 4: Jason Flamm. Today, I have two very special guests, and 20 00:01:16,560 --> 00:01:18,600 Speaker 4: you'll learn more about that surely, but first I'm going 21 00:01:18,640 --> 00:01:22,080 Speaker 4: to introduce them. Vanessa Gathers is our star today. 22 00:01:23,000 --> 00:01:26,040 Speaker 3: Just months after the Crown Heights riots back in nineteen 23 00:01:26,120 --> 00:01:29,920 Speaker 3: ninety one, Gathers was called in for questioning for robbery 24 00:01:30,240 --> 00:01:32,720 Speaker 3: and the beating of an elderly man inside of his 25 00:01:32,800 --> 00:01:36,839 Speaker 3: Crown Heights apartment. The victim fell into a coma then died. 26 00:01:37,240 --> 00:01:42,120 Speaker 3: The case was classified a homicide. That's when controversial former 27 00:01:42,319 --> 00:01:47,600 Speaker 3: NYPD detective Lewis Scarcella took over the case. Five years later, 28 00:01:47,920 --> 00:01:52,720 Speaker 3: Scarcella reinterviewed Gathers and says she made a full confession. 29 00:01:53,160 --> 00:01:56,960 Speaker 3: Gathers was convicted on that confession alone. The former detective 30 00:01:57,080 --> 00:01:59,440 Speaker 3: is in the middle of several cases where people went 31 00:01:59,480 --> 00:02:01,520 Speaker 3: to prison for crimes they did not commit. 32 00:02:02,080 --> 00:02:02,360 Speaker 5: D A. 33 00:02:02,440 --> 00:02:07,520 Speaker 3: Thompson and his team have already exonerated seventeen men. Gathers 34 00:02:07,680 --> 00:02:10,760 Speaker 3: is the eighteenth, the first woman. Right now, the DA's 35 00:02:10,800 --> 00:02:14,160 Speaker 3: office is looking into at least one hundred other cases. 36 00:02:14,639 --> 00:02:17,440 Speaker 3: Fifty eight year old Vanessa Gatherers, who will no longer 37 00:02:17,560 --> 00:02:21,000 Speaker 3: be labeled a convicted felon after ten years in prison 38 00:02:21,040 --> 00:02:25,280 Speaker 3: for manslaughter, Brooklyn District Attorney Ken Thompson is expected to 39 00:02:25,400 --> 00:02:26,480 Speaker 3: vacate her conviction. 40 00:02:26,720 --> 00:02:28,960 Speaker 6: We're going to take a step to not only vacate 41 00:02:29,160 --> 00:02:32,239 Speaker 6: misgatherers conviction, but to give her her good name back. 42 00:02:33,639 --> 00:02:37,400 Speaker 4: Vanessa, Welcome to the show. Thank you and her badass 43 00:02:37,440 --> 00:02:41,760 Speaker 4: attorney is here as well, Lisa Cahill. Welcome to Ronful Conviction. 44 00:02:42,000 --> 00:02:42,840 Speaker 5: Happy to be here. 45 00:02:43,680 --> 00:02:48,320 Speaker 4: So, Vanessa, let's go back to when life was simpler, right, 46 00:02:48,440 --> 00:02:54,639 Speaker 4: because before this crazy incident happened, you were living basically 47 00:02:54,720 --> 00:02:58,440 Speaker 4: a normal life like anyone else. Right. Yes, were you 48 00:02:58,520 --> 00:03:00,320 Speaker 4: in a lot of trouble with the law as reason 49 00:03:00,320 --> 00:03:02,639 Speaker 4: that they would have ever suspected you of being involved 50 00:03:02,639 --> 00:03:06,080 Speaker 4: in a cold blooded murder, a terrible beating death. 51 00:03:06,639 --> 00:03:07,520 Speaker 7: Not at all? 52 00:03:07,680 --> 00:03:09,799 Speaker 4: What were you doing? What was your life like? Where'd 53 00:03:09,800 --> 00:03:10,320 Speaker 4: you grow up? 54 00:03:10,720 --> 00:03:15,200 Speaker 6: I grew up in Jersey City, in North Carolina, and 55 00:03:15,240 --> 00:03:18,360 Speaker 6: then I moved to New York in seventy nine and 56 00:03:18,600 --> 00:03:22,040 Speaker 6: I started working. I was working in Manhattan doing what 57 00:03:22,520 --> 00:03:26,359 Speaker 6: I worked for, Gristities. I worked for a lawyer when 58 00:03:26,440 --> 00:03:29,400 Speaker 6: I first arrived to New York City, So. 59 00:03:29,639 --> 00:03:32,280 Speaker 4: Just finding your way doing different jobs whatever. 60 00:03:32,680 --> 00:03:35,960 Speaker 7: I stayed with Gristiitis for quite some time. 61 00:03:36,240 --> 00:03:38,600 Speaker 6: The original job I had was working for a lawyer, 62 00:03:39,120 --> 00:03:42,160 Speaker 6: a criminal lawyer, and I was just doing statements of 63 00:03:42,320 --> 00:03:47,040 Speaker 6: fouling and typing up notes. Things got slow, so later 64 00:03:47,160 --> 00:03:50,720 Speaker 6: on I found a job with Christiiti's. He let me 65 00:03:50,720 --> 00:03:52,400 Speaker 6: stay until I found something better. 66 00:03:52,880 --> 00:03:55,760 Speaker 4: So you came to New York, like most people do, 67 00:03:55,800 --> 00:03:58,160 Speaker 4: I guess, to pursue your dreams and find your way. 68 00:03:58,200 --> 00:04:01,080 Speaker 4: And you were finding your way, things were going okay. 69 00:04:01,120 --> 00:04:02,960 Speaker 4: Do you have a family when this came down? 70 00:04:03,800 --> 00:04:06,320 Speaker 7: Yes, my family was in Jersey. I had a daughter. 71 00:04:06,680 --> 00:04:10,680 Speaker 4: This case stems out of a murder that happened in 72 00:04:10,760 --> 00:04:12,520 Speaker 4: nineteen ninety one. And there's a lot of things that 73 00:04:12,560 --> 00:04:14,680 Speaker 4: are unusual about your case. But there are also a 74 00:04:14,680 --> 00:04:16,240 Speaker 4: lot of things that we see that are common in 75 00:04:16,240 --> 00:04:20,200 Speaker 4: wrongful convictions, including a false confession, which I think everyone 76 00:04:20,320 --> 00:04:24,480 Speaker 4: is fascinated by it and terrified of. I know, I am. 77 00:04:25,080 --> 00:04:27,480 Speaker 4: But in your case, this was a murder of a 78 00:04:27,480 --> 00:04:31,400 Speaker 4: guy named Michael Shaw, I think right, Yes, And he 79 00:04:32,120 --> 00:04:34,400 Speaker 4: was a guy who was murdered in nineteen ninety one. 80 00:04:34,400 --> 00:04:36,839 Speaker 4: He was beaten to death by three women. Again, pretty 81 00:04:36,880 --> 00:04:38,960 Speaker 4: unusual circumstance. And the reason we know he was beaten 82 00:04:38,960 --> 00:04:40,680 Speaker 4: to death by three women is because he lived long 83 00:04:40,760 --> 00:04:43,360 Speaker 4: enough to tell the tale. He died in the hospital. Yes, 84 00:04:44,520 --> 00:04:49,039 Speaker 4: so originally you were living in the area. Did you 85 00:04:49,080 --> 00:04:50,000 Speaker 4: know about the crime? 86 00:04:50,720 --> 00:04:53,120 Speaker 6: No, not at the time. No, I did not. I 87 00:04:53,200 --> 00:04:55,240 Speaker 6: found out all that information later on. 88 00:04:55,680 --> 00:04:57,720 Speaker 4: And how did you first become aware that this. Did 89 00:04:57,760 --> 00:04:58,560 Speaker 4: you know the victim? 90 00:04:59,400 --> 00:05:01,480 Speaker 7: I didn't know him, per se. 91 00:05:02,000 --> 00:05:04,240 Speaker 6: I just knew that he was like a picture post 92 00:05:04,279 --> 00:05:06,880 Speaker 6: man that stayed in the window. He set by the 93 00:05:06,960 --> 00:05:08,839 Speaker 6: window all the time because I used to walk my 94 00:05:08,880 --> 00:05:09,839 Speaker 6: dog around the block. 95 00:05:10,520 --> 00:05:13,400 Speaker 7: But I didn't know his name. I didn't know him. 96 00:05:13,760 --> 00:05:16,479 Speaker 6: From time to time he would actually to come over 97 00:05:16,520 --> 00:05:18,120 Speaker 6: to the window and would I get him a pack 98 00:05:18,160 --> 00:05:20,920 Speaker 6: of cigarettes, which I did because I walked around the 99 00:05:20,960 --> 00:05:22,719 Speaker 6: block and I walked my dog back and I just 100 00:05:22,760 --> 00:05:23,599 Speaker 6: passed it to him. 101 00:05:23,440 --> 00:05:24,000 Speaker 7: Through the window. 102 00:05:24,800 --> 00:05:28,039 Speaker 4: So he lived on the first floor, Yes, And so 103 00:05:28,440 --> 00:05:31,400 Speaker 4: when he was murdered, the word must have gotten around 104 00:05:31,520 --> 00:05:34,560 Speaker 4: the neighborhood. And you first heard about it from a detective, 105 00:05:34,640 --> 00:05:37,280 Speaker 4: is that right? Yes? And how'd that come about? Because 106 00:05:37,279 --> 00:05:40,680 Speaker 4: it's weird because you weren't arrested until many years later 107 00:05:41,120 --> 00:05:43,760 Speaker 4: when the case was cold. And then you actually drew 108 00:05:43,760 --> 00:05:45,839 Speaker 4: a terrible straw or bad break what every gonna call it, 109 00:05:45,839 --> 00:05:50,080 Speaker 4: because you got in the crosshairs of a guy who 110 00:05:50,120 --> 00:05:53,960 Speaker 4: we know now is one of the worst detectives in 111 00:05:54,000 --> 00:05:56,120 Speaker 4: the history of this country in terms of the damage 112 00:05:56,160 --> 00:06:00,760 Speaker 4: that he did to an entire burrow. Really, he wrecked 113 00:06:00,760 --> 00:06:03,359 Speaker 4: havoc on so many people, in so many cases, and 114 00:06:03,360 --> 00:06:06,600 Speaker 4: a whole system. So how did it come about that 115 00:06:06,680 --> 00:06:09,160 Speaker 4: you first encountered detectives, Garcella. 116 00:06:09,760 --> 00:06:12,679 Speaker 6: I believe I was walking my dog at the time, 117 00:06:12,880 --> 00:06:17,320 Speaker 6: and I mean the detective Scuss Selling his partner Shamil 118 00:06:17,920 --> 00:06:21,680 Speaker 6: approached me and asked me about the incident, and I said, 119 00:06:21,680 --> 00:06:24,120 Speaker 6: I didn't know. Actually I didn't even know the man's name. 120 00:06:25,040 --> 00:06:27,280 Speaker 6: I didn't know who he was. I just know him 121 00:06:27,320 --> 00:06:30,279 Speaker 6: by sight, you know, from sitting in the window. That's 122 00:06:30,320 --> 00:06:33,720 Speaker 6: all I knew about this individual. But then later on 123 00:06:34,240 --> 00:06:38,160 Speaker 6: after that incident, I didn't see the man anymore. After 124 00:06:38,160 --> 00:06:40,080 Speaker 6: a while, you know, I would still walk my dog, 125 00:06:40,200 --> 00:06:43,200 Speaker 6: but the man was not there in the window anymore. 126 00:06:44,279 --> 00:06:47,120 Speaker 4: So they approached you on the street, yes, And were 127 00:06:47,120 --> 00:06:49,360 Speaker 4: they friendly? Were they hostel? Did they put you in copsle? 128 00:06:49,400 --> 00:06:49,880 Speaker 4: How did this whole? 129 00:06:50,120 --> 00:06:52,720 Speaker 7: They were friendly. They just asked me some questions. 130 00:06:53,520 --> 00:06:57,320 Speaker 6: They also asked me about the same thing that I 131 00:06:57,400 --> 00:06:59,320 Speaker 6: know the man, and I told him I didn't know 132 00:06:59,360 --> 00:07:02,800 Speaker 6: who they were talking about at first. And then when 133 00:07:02,839 --> 00:07:05,560 Speaker 6: they was telling me that he lived there, and I said, oh, yeah, 134 00:07:05,560 --> 00:07:08,200 Speaker 6: I remember seeing the man in the window, but I 135 00:07:08,240 --> 00:07:09,560 Speaker 6: didn't know him per se. 136 00:07:09,760 --> 00:07:11,080 Speaker 4: Did they tell you that he had been murdered. 137 00:07:11,320 --> 00:07:13,880 Speaker 6: No, they didn't state that. They just said something happened. 138 00:07:13,880 --> 00:07:16,840 Speaker 6: It was an incident with this guy. They was trying 139 00:07:16,880 --> 00:07:19,440 Speaker 6: to find out what happened. 140 00:07:20,520 --> 00:07:23,840 Speaker 4: And let's turn to you. So what was going on there? 141 00:07:24,040 --> 00:07:27,880 Speaker 4: First of all, Vanessa was sort of a person that 142 00:07:27,920 --> 00:07:30,680 Speaker 4: you would not really think would be involved in anything 143 00:07:30,720 --> 00:07:33,040 Speaker 4: like this. I mean, and meeting her now, she's such 144 00:07:33,040 --> 00:07:36,160 Speaker 4: a gentle soul. The idea that she would be involved 145 00:07:36,160 --> 00:07:38,720 Speaker 4: in a beating death seems so far fetched. 146 00:07:38,800 --> 00:07:41,320 Speaker 5: I certainly agree with that. But one of the big 147 00:07:41,400 --> 00:07:46,480 Speaker 5: mysteries always in the case was this business about Scarcella 148 00:07:47,160 --> 00:07:51,360 Speaker 5: stopping Vanessa because she was a woman walking a white dog. 149 00:07:51,960 --> 00:07:56,360 Speaker 5: Let me back up, right after mister Shaw was assaulted, 150 00:07:56,920 --> 00:08:00,360 Speaker 5: he didn't die till months later, so it didn't become 151 00:08:00,400 --> 00:08:06,360 Speaker 5: a homicide investigation for about four months time. So immediately 152 00:08:06,480 --> 00:08:12,240 Speaker 5: after the assault, it's basically a robbery investigation. But detectives 153 00:08:12,320 --> 00:08:17,680 Speaker 5: are working the robbery and the beating they're investigating somewhat. 154 00:08:17,960 --> 00:08:23,280 Speaker 5: And those detectives interviewed the super in mister Shaw's building 155 00:08:23,960 --> 00:08:29,480 Speaker 5: twice and memorialized that interview, and the super never said 156 00:08:29,480 --> 00:08:34,640 Speaker 5: anything about Vanessa Gathers. He never described Vanessa Gathers. He 157 00:08:34,720 --> 00:08:37,720 Speaker 5: never said, oh, there's a woman with a white dog 158 00:08:37,960 --> 00:08:41,240 Speaker 5: in the neighborhood who you should talk to. None of 159 00:08:41,280 --> 00:08:47,080 Speaker 5: that is reflected in those interview notes. But Scarcella consistently 160 00:08:47,240 --> 00:08:52,959 Speaker 5: testified that the reason he stopped Vanessa was because after 161 00:08:53,040 --> 00:08:56,959 Speaker 5: mister Shaw died, it did become a homicide investigation, obviously, 162 00:08:57,520 --> 00:09:01,760 Speaker 5: and Scarcella was assigned the case. He testified that one 163 00:09:01,800 --> 00:09:05,600 Speaker 5: of the first things he did was go interview the super. 164 00:09:06,200 --> 00:09:10,360 Speaker 5: He claimed that the Super said one of the women 165 00:09:11,040 --> 00:09:14,319 Speaker 5: who used to talk to Shaw and was friendly with 166 00:09:14,360 --> 00:09:20,600 Speaker 5: Shaw was a woman in the neighborhood with a white dog. Now, suspiciously, 167 00:09:21,160 --> 00:09:27,720 Speaker 5: Scarcella never memorialized that interview with the super, as you're 168 00:09:27,760 --> 00:09:31,360 Speaker 5: supposed to do, and as two prior detectives had done 169 00:09:31,360 --> 00:09:34,560 Speaker 5: when they interviewed the super. We always thought it was 170 00:09:34,960 --> 00:09:39,679 Speaker 5: suspicious that there was never any memorialization of that. Why 171 00:09:39,800 --> 00:09:44,800 Speaker 5: he in fact stopped Vanessa. I really don't know. I mean, 172 00:09:44,960 --> 00:09:47,920 Speaker 5: I suppose it's conceivable the super said that, but the 173 00:09:47,960 --> 00:09:52,439 Speaker 5: Super was dead by the time of trial, so no 174 00:09:52,440 --> 00:09:53,520 Speaker 5: one really knows. 175 00:09:54,280 --> 00:09:57,360 Speaker 4: Well, we do know that the victim said that it 176 00:09:57,400 --> 00:09:59,080 Speaker 4: was three women. So the one thing you had in 177 00:09:59,080 --> 00:10:01,360 Speaker 4: common with the perpetrate it was that you were a woman, right, 178 00:10:01,440 --> 00:10:03,840 Speaker 4: But there's a lot of women, so just and we 179 00:10:03,960 --> 00:10:09,439 Speaker 4: know now that Scarcella didn't really care whether you were 180 00:10:09,480 --> 00:10:13,280 Speaker 4: the perpetrator or not. He just cared about getting convictions. 181 00:10:13,480 --> 00:10:17,000 Speaker 4: And he was very good at it actually, I mean 182 00:10:17,040 --> 00:10:22,760 Speaker 4: in a very nefarious and terrible way. He was famous 183 00:10:22,960 --> 00:10:26,400 Speaker 4: actually for solving cases, and that's probably what he was after. 184 00:10:26,960 --> 00:10:30,360 Speaker 4: So he saw you, figured he would stop and talk 185 00:10:30,400 --> 00:10:32,760 Speaker 4: to you, and maybe he was bored, had nothing else 186 00:10:32,760 --> 00:10:35,520 Speaker 4: to do. But it came and went right, and then 187 00:10:35,760 --> 00:10:37,880 Speaker 4: you went back to your life, and you know, eventually 188 00:10:37,920 --> 00:10:40,480 Speaker 4: you found out that mister Shaw had died, I'm sure, 189 00:10:40,520 --> 00:10:42,160 Speaker 4: and life went on. 190 00:10:42,840 --> 00:10:46,080 Speaker 6: Well that's basically what happened. Well, it was ninety two 191 00:10:46,160 --> 00:10:49,840 Speaker 6: actually when he came around, I think April or May 192 00:10:49,880 --> 00:10:53,199 Speaker 6: or something of nineteen ninety two when he came the 193 00:10:53,240 --> 00:10:56,720 Speaker 6: initial visit with him, and then the next time I 194 00:10:56,760 --> 00:10:59,640 Speaker 6: saw him was nineteen ninety seven. He's knocking on my door. 195 00:11:00,080 --> 00:11:04,200 Speaker 4: He came to your home. Yes, and what transpired next, 196 00:11:04,240 --> 00:11:05,959 Speaker 4: I mean, you had no reason to think that you 197 00:11:06,000 --> 00:11:08,400 Speaker 4: would ever be a suspect in anything like this. No, 198 00:11:08,520 --> 00:11:10,560 Speaker 4: and probably the memory of the whole thing had faded 199 00:11:10,600 --> 00:11:13,120 Speaker 4: to some extent, right because it was one coming. 200 00:11:13,480 --> 00:11:16,920 Speaker 6: I had already forgotten about him and the questioning at 201 00:11:16,920 --> 00:11:17,440 Speaker 6: that time. 202 00:11:18,040 --> 00:11:20,400 Speaker 7: I mean, I'm stayed in the same building. I didn't move. 203 00:11:20,920 --> 00:11:22,840 Speaker 6: If I had anything to hide, I think I would 204 00:11:22,840 --> 00:11:25,240 Speaker 6: have left. I mean, a lot of people in the 205 00:11:25,240 --> 00:11:27,840 Speaker 6: neighborhood moved out, but I was still there. 206 00:11:28,520 --> 00:11:30,280 Speaker 7: So there was no reason for. 207 00:11:30,160 --> 00:11:34,520 Speaker 6: Me to try and run, will do anything negative regard 208 00:11:34,559 --> 00:11:37,120 Speaker 6: in this manner, because I know I had no involvement 209 00:11:37,160 --> 00:11:37,520 Speaker 6: in it. 210 00:11:37,840 --> 00:11:42,920 Speaker 5: One of our hypotheses was that Vanessa was literally the 211 00:11:42,960 --> 00:11:47,320 Speaker 5: only one who had any connection to Shaw who was 212 00:11:47,320 --> 00:11:51,920 Speaker 5: actually still available to Scarcella, still living in the same building. 213 00:11:52,200 --> 00:11:55,760 Speaker 4: So by now it had turned into a homicide investigation. 214 00:11:55,960 --> 00:11:59,320 Speaker 4: Scarcella had decided that he was going to solve a 215 00:11:59,360 --> 00:12:02,360 Speaker 4: cold case, or maybe not, probably many of them. Right. 216 00:12:02,800 --> 00:12:05,760 Speaker 4: So when he did come see you six years after 217 00:12:06,120 --> 00:12:09,880 Speaker 4: the murder, what happened? What was his approach this time? 218 00:12:10,000 --> 00:12:13,000 Speaker 4: Was he friendly? Was he hostile to put you in coffs? 219 00:12:13,320 --> 00:12:14,319 Speaker 7: He was very friendly. 220 00:12:14,679 --> 00:12:20,080 Speaker 6: I actually was never in Coffs at that time we spoke. 221 00:12:20,400 --> 00:12:23,160 Speaker 6: He asked me, saying questions. He asked me, should I 222 00:12:23,200 --> 00:12:26,960 Speaker 6: come to the precinct. You know, I oblige and I 223 00:12:27,040 --> 00:12:29,600 Speaker 6: went there. He showed me some muck shots and stuff. 224 00:12:29,679 --> 00:12:32,439 Speaker 6: He asked me about some of the women in the neighborhood. 225 00:12:32,520 --> 00:12:34,400 Speaker 6: Did I know in them? It's a couple that I 226 00:12:34,480 --> 00:12:37,920 Speaker 6: did see that had I guess criminal records. 227 00:12:38,160 --> 00:12:39,960 Speaker 7: And that was basically it. 228 00:12:40,160 --> 00:12:43,760 Speaker 6: He never stated to me that I was a suspect 229 00:12:43,880 --> 00:12:47,280 Speaker 6: or anything. I had no knowledge of that up until 230 00:12:47,360 --> 00:12:50,319 Speaker 6: the time that we did. After the polygraph and all 231 00:12:50,360 --> 00:12:54,320 Speaker 6: of that other information that were transpire. He had my history. 232 00:12:54,400 --> 00:12:56,640 Speaker 6: I told him where I was working. You know, he 233 00:12:56,720 --> 00:12:57,559 Speaker 6: knew where I lived. 234 00:12:57,800 --> 00:13:00,800 Speaker 7: I didn't have anything to hide from this spoof. I 235 00:13:00,920 --> 00:13:02,559 Speaker 7: cooperated the best that I could. 236 00:13:03,240 --> 00:13:07,560 Speaker 6: I was working at the Brooklyn Family Court and he 237 00:13:07,640 --> 00:13:09,959 Speaker 6: picked me up that morning. He came to my job 238 00:13:10,080 --> 00:13:13,200 Speaker 6: and said he wanted me to come take a polygrab chest. 239 00:13:13,280 --> 00:13:17,040 Speaker 6: I went with him and everything. I had nothing to die. 240 00:13:17,080 --> 00:13:21,520 Speaker 6: So after that, we stayed at the Priests and all 241 00:13:21,559 --> 00:13:24,920 Speaker 6: of these other things transpired, and he kept stating to 242 00:13:24,960 --> 00:13:27,400 Speaker 6: me that he was going to take me home. It 243 00:13:27,480 --> 00:13:30,000 Speaker 6: got late into the evening before I left the Priests, 244 00:13:30,000 --> 00:13:32,520 Speaker 6: and it was night. It was night when I did 245 00:13:32,600 --> 00:13:36,200 Speaker 6: leave there, and he kept saying that my companion that 246 00:13:36,240 --> 00:13:37,400 Speaker 6: he would contact him. 247 00:13:37,720 --> 00:13:41,719 Speaker 7: He never did. He just continued to lie, Lie, Lie. 248 00:13:42,360 --> 00:13:43,960 Speaker 7: He was frightening. 249 00:13:44,040 --> 00:13:46,800 Speaker 6: He took his jacket off, he had his gun exposed, 250 00:13:46,840 --> 00:13:49,160 Speaker 6: and he kept on threatening me, saying I was dere 251 00:13:49,240 --> 00:13:52,559 Speaker 6: I was there. I kept telling him no, I wasn't. 252 00:13:52,800 --> 00:13:54,920 Speaker 6: And it just went back and forth like that for 253 00:13:55,320 --> 00:13:56,000 Speaker 6: quite some time. 254 00:13:56,480 --> 00:14:00,640 Speaker 4: So he went sort of progressively from friendly to you'd 255 00:14:00,640 --> 00:14:03,640 Speaker 4: pick you up and you probably were like most people. 256 00:14:03,679 --> 00:14:05,400 Speaker 4: I mean, you were law abiding citizen. It wasn't like 257 00:14:05,440 --> 00:14:06,800 Speaker 4: you had a long rap sheet, right. 258 00:14:07,320 --> 00:14:09,040 Speaker 6: I didn't have no knowledge of the law, so he 259 00:14:09,120 --> 00:14:11,600 Speaker 6: and I think he really knew that. So he knew 260 00:14:12,000 --> 00:14:15,280 Speaker 6: because I don't remember him randomizing me or anything. 261 00:14:15,320 --> 00:14:16,400 Speaker 7: I don't remember all of that. 262 00:14:17,040 --> 00:14:18,880 Speaker 6: As far as getting a lawyer, I didn't know I 263 00:14:18,920 --> 00:14:22,440 Speaker 6: needed one because I didn't know I was. I was 264 00:14:22,840 --> 00:14:26,600 Speaker 6: the person that was chlose Toh had committed this crime. 265 00:14:26,840 --> 00:14:31,000 Speaker 4: Right and Lisa, That's something that always bothers me is 266 00:14:31,040 --> 00:14:35,640 Speaker 4: that people like Vanessa who are innocent are very likely 267 00:14:35,680 --> 00:14:39,880 Speaker 4: to waive their Miranda rights and speak freely and not 268 00:14:40,040 --> 00:14:43,080 Speaker 4: request a lawyer. And if you're listening to the show. Now, 269 00:14:43,920 --> 00:14:46,400 Speaker 4: I'm going to encourage you. If you do get picked up, 270 00:14:46,720 --> 00:14:51,800 Speaker 4: don't assume anything, right, just request a lawyer, and other 271 00:14:51,880 --> 00:14:54,760 Speaker 4: than that, don't say anything other than your name, your address, 272 00:14:55,480 --> 00:14:58,440 Speaker 4: and that's basically it, right, And once you ask for 273 00:14:58,440 --> 00:15:00,000 Speaker 4: a lawyer, they're not allowed to ask you more questions. 274 00:15:00,520 --> 00:15:01,600 Speaker 7: That's right, That's right. 275 00:15:01,840 --> 00:15:03,520 Speaker 4: I mean, they may do it anyway, but they'll be 276 00:15:03,560 --> 00:15:06,400 Speaker 4: breaking the law. Yeah, I mean, it is a tragic 277 00:15:06,440 --> 00:15:09,040 Speaker 4: and cruel irony that people like Vanessa who go in 278 00:15:09,520 --> 00:15:12,800 Speaker 4: wanting to help right and wanting to be cooperative and 279 00:15:12,840 --> 00:15:17,120 Speaker 4: good citizens and help the police, end up often really 280 00:15:17,160 --> 00:15:19,760 Speaker 4: on the terribly wrong end of the stick because of 281 00:15:19,800 --> 00:15:23,080 Speaker 4: the fact that they just don't know and they get 282 00:15:23,080 --> 00:15:25,280 Speaker 4: taken advantage of, which is exactly what happened here. 283 00:15:25,440 --> 00:15:25,880 Speaker 7: That's right. 284 00:15:26,000 --> 00:15:29,680 Speaker 5: And one of the issues that we identified with the polygraph, 285 00:15:29,760 --> 00:15:33,880 Speaker 5: which was basically how Scarcela kicked off that morning. With 286 00:15:33,920 --> 00:15:39,800 Speaker 5: the polygraph, a polygrapher is supposed to sit down alone 287 00:15:40,160 --> 00:15:45,080 Speaker 5: with this subject and basically explain to the subject why 288 00:15:45,120 --> 00:15:48,960 Speaker 5: they're there this morning, and for example, to say, do 289 00:15:49,040 --> 00:15:52,240 Speaker 5: you know why you're here? You were here because you're 290 00:15:52,320 --> 00:15:56,840 Speaker 5: suspected of involvement in this incident, and that's what I 291 00:15:56,880 --> 00:15:59,680 Speaker 5: want to talk to you about today. And in fact, 292 00:16:00,320 --> 00:16:05,000 Speaker 5: this particular polygraph never went through that exercise with Vanessa, 293 00:16:05,120 --> 00:16:08,040 Speaker 5: and she didn't know any better. Someone would say, well, 294 00:16:08,320 --> 00:16:11,600 Speaker 5: what do you think when someone's polygraphing you? But Vanessa 295 00:16:11,920 --> 00:16:14,720 Speaker 5: had had no prior experience with us. She was just 296 00:16:15,160 --> 00:16:17,040 Speaker 5: trying to do what they asked her to do. 297 00:16:17,960 --> 00:16:20,160 Speaker 4: And again, if you don't have anything to hide, and 298 00:16:20,200 --> 00:16:21,840 Speaker 4: if you are telling the truth, you'd think, well, why 299 00:16:21,880 --> 00:16:25,320 Speaker 4: shouldn't I take a polygraph? But not such a great idea. Well, 300 00:16:25,320 --> 00:16:26,920 Speaker 4: then we get to the part that gives me a 301 00:16:26,960 --> 00:16:31,480 Speaker 4: stomach ache. Is this whole process that takes place in 302 00:16:31,520 --> 00:16:35,760 Speaker 4: the interrogation room when someone in this case Garcela, but 303 00:16:35,840 --> 00:16:38,320 Speaker 4: it happens all over the country when a detective is 304 00:16:38,360 --> 00:16:44,040 Speaker 4: determined to get a confession, and they're not necessarily determined 305 00:16:44,080 --> 00:16:46,800 Speaker 4: to get the truth. In your case, they had no 306 00:16:46,960 --> 00:16:49,520 Speaker 4: reason to believe that you had any involvement, and yet 307 00:16:49,600 --> 00:16:54,640 Speaker 4: they approached you and interrogated you as if they basically 308 00:16:54,680 --> 00:16:57,920 Speaker 4: had everything in the world, every reason in the world 309 00:16:58,040 --> 00:17:01,560 Speaker 4: to suspect that you were the actual killer. Ultimately, you 310 00:17:01,640 --> 00:17:03,600 Speaker 4: confess to this crime. You didn't commit. And that's the 311 00:17:03,680 --> 00:17:06,440 Speaker 4: number one thing, Vanessa. When I talked to people who 312 00:17:06,480 --> 00:17:10,600 Speaker 4: aren't familiar with these issues, everybody says, I would never confess. 313 00:17:10,880 --> 00:17:13,080 Speaker 4: They couldn't get me to do it. That's crazy. I'm 314 00:17:13,119 --> 00:17:16,280 Speaker 4: too strong, I'm tough. I would never confit, that's you know. 315 00:17:16,560 --> 00:17:19,600 Speaker 4: And I'm like, well, let me tell you something. So 316 00:17:19,720 --> 00:17:22,120 Speaker 4: how did they get you? I mean, you're an intelligent woman, 317 00:17:22,520 --> 00:17:24,840 Speaker 4: you're a law abiding person. You would know enough to 318 00:17:24,960 --> 00:17:28,000 Speaker 4: know that that's a disaster, right, But you did it? 319 00:17:28,320 --> 00:17:29,080 Speaker 7: Yes, I did. 320 00:17:29,640 --> 00:17:32,800 Speaker 6: You are in a tiny room with these two police 321 00:17:33,080 --> 00:17:35,679 Speaker 6: detectives and you don't even know your rights. 322 00:17:35,800 --> 00:17:37,639 Speaker 7: I didn't know. I was terrified. 323 00:17:38,359 --> 00:17:42,479 Speaker 6: And then the badgering started and the jagger came off, 324 00:17:42,600 --> 00:17:45,119 Speaker 6: like I said, expose it, and he started threatening me 325 00:17:45,520 --> 00:17:48,760 Speaker 6: and leaning over her and you know, making all of 326 00:17:48,800 --> 00:17:52,399 Speaker 6: these accusations and stuff. And I continually told him that 327 00:17:52,520 --> 00:17:54,760 Speaker 6: I did not commit this crime. 328 00:17:54,880 --> 00:17:57,480 Speaker 7: I was not there. And when he wrote. 329 00:17:57,200 --> 00:18:00,119 Speaker 6: The statement, I told him we were going back and 330 00:18:00,160 --> 00:18:02,400 Speaker 6: for as he's trying to tell me to state this. 331 00:18:02,520 --> 00:18:04,520 Speaker 4: And state that this must have been confusing. 332 00:18:05,000 --> 00:18:07,679 Speaker 6: It was because I'm like, I'm not understanding what is 333 00:18:07,720 --> 00:18:10,800 Speaker 6: going on as far as what he's writing on paper. 334 00:18:10,800 --> 00:18:14,159 Speaker 6: He tried to get me to write that statement and 335 00:18:14,200 --> 00:18:16,240 Speaker 6: I said, I'm not writing anything because I don't know 336 00:18:16,240 --> 00:18:16,760 Speaker 6: what happened. 337 00:18:16,880 --> 00:18:18,800 Speaker 4: This is part of the process, right, And it's the 338 00:18:18,840 --> 00:18:22,560 Speaker 4: crazy thing in this country that police are allowed to lie. 339 00:18:22,760 --> 00:18:24,720 Speaker 4: They can say they have a satellite image of you 340 00:18:24,760 --> 00:18:27,240 Speaker 4: committing the crime. They can say that they found your fingerprints, 341 00:18:27,280 --> 00:18:29,320 Speaker 4: they can say that they have witnesses. They can say 342 00:18:29,600 --> 00:18:32,560 Speaker 4: almost anything they want. What they can't say is they 343 00:18:32,560 --> 00:18:34,919 Speaker 4: can't threaten you with say you're going to get the 344 00:18:34,920 --> 00:18:37,080 Speaker 4: death penalty if you're not. There's certain things they can't 345 00:18:37,080 --> 00:18:39,720 Speaker 4: do like that. But as far as the facts surrounding 346 00:18:39,760 --> 00:18:41,560 Speaker 4: the case, they can lie all they want, which I 347 00:18:41,600 --> 00:18:43,600 Speaker 4: think is crazy and't It's not that way in most 348 00:18:43,640 --> 00:18:45,439 Speaker 4: other Western European countries are well, Jason. 349 00:18:45,480 --> 00:18:48,320 Speaker 5: The reason they do that is to put the subject 350 00:18:48,680 --> 00:18:54,320 Speaker 5: in a helpless feeling situation so then they can get 351 00:18:54,320 --> 00:18:56,400 Speaker 5: them to turn and do what they want to do. 352 00:18:57,080 --> 00:19:00,040 Speaker 5: They make you feel helpless and then they extend and 353 00:19:00,480 --> 00:19:04,119 Speaker 5: olive branch. Just sign this and I'll take you home. 354 00:19:04,760 --> 00:19:07,240 Speaker 5: Just help me out here, I'll get you out of here. 355 00:19:07,600 --> 00:19:11,119 Speaker 5: But the first thing is making the subject feel helpless, 356 00:19:11,200 --> 00:19:13,480 Speaker 5: and they do that with these false sevenence ploys. 357 00:19:13,840 --> 00:19:16,080 Speaker 4: So which lies did they tell you? 358 00:19:16,359 --> 00:19:20,040 Speaker 6: Well, he told me that he had fingerprints, Yeah, eyewitnesses. 359 00:19:21,119 --> 00:19:23,760 Speaker 6: He has proof that I was in the house. And 360 00:19:23,800 --> 00:19:27,199 Speaker 6: I kept telling him, no, that's not true. And to me, 361 00:19:27,440 --> 00:19:30,040 Speaker 6: it's like now getting confused because I'm saying, there's no 362 00:19:30,119 --> 00:19:33,280 Speaker 6: way possible that this could be. But you know, he 363 00:19:33,440 --> 00:19:38,480 Speaker 6: continued to tell me different stories and different things that well, 364 00:19:38,800 --> 00:19:40,920 Speaker 6: at that point he said, you might be going to jail. 365 00:19:41,600 --> 00:19:43,480 Speaker 7: These are the things that would happen to you once 366 00:19:43,520 --> 00:19:44,040 Speaker 7: you get there. 367 00:19:44,400 --> 00:19:48,119 Speaker 6: You need to sign this paper that he wrote, and 368 00:19:48,119 --> 00:19:51,000 Speaker 6: he said, I'll take you home. So I'm constantly like, 369 00:19:51,280 --> 00:19:53,000 Speaker 6: I don't know what to do. Now I'm here by 370 00:19:53,040 --> 00:19:57,240 Speaker 6: myself in his little room and I'm crying, I'm set, 371 00:19:57,280 --> 00:20:00,560 Speaker 6: I'm hysterical. And he kept stated to me, I'm going 372 00:20:00,640 --> 00:20:02,199 Speaker 6: to let you call home. I said, I want to 373 00:20:02,240 --> 00:20:05,520 Speaker 6: call home. I felt that if I called my friend 374 00:20:05,520 --> 00:20:07,200 Speaker 6: maybe he would give me some information. 375 00:20:07,359 --> 00:20:08,000 Speaker 7: What should I do? 376 00:20:09,080 --> 00:20:12,840 Speaker 6: He denied my phone calls because I constantly told him 377 00:20:13,000 --> 00:20:15,040 Speaker 6: I would like to call home. He said, well, when 378 00:20:15,040 --> 00:20:17,280 Speaker 6: we finished, you could call home. I'll call I'll have 379 00:20:17,440 --> 00:20:20,040 Speaker 6: his partner call and let him know where I'm at, 380 00:20:20,200 --> 00:20:23,000 Speaker 6: I'm saying, because at this point of the day, I 381 00:20:23,000 --> 00:20:24,000 Speaker 6: should be home. 382 00:20:24,600 --> 00:20:25,399 Speaker 7: Which I wasn't. 383 00:20:25,480 --> 00:20:28,960 Speaker 6: So now my companion had no idea where I was 384 00:20:29,720 --> 00:20:31,560 Speaker 6: or what happened to me at all. 385 00:20:32,320 --> 00:20:34,720 Speaker 4: Yeah, so all of this just adds to the stress 386 00:20:34,920 --> 00:20:38,320 Speaker 4: and confusion and terror. It's really terror, right that you're 387 00:20:38,359 --> 00:20:41,040 Speaker 4: experiencing at this point because you don't know what these 388 00:20:41,040 --> 00:20:44,920 Speaker 4: guys are capable of, and you know there's nobody but you, 389 00:20:45,040 --> 00:20:49,479 Speaker 4: and you're overmatched. You are really helpless. I mean, they 390 00:20:49,520 --> 00:20:52,119 Speaker 4: won't let you in many cases, they won't give you 391 00:20:52,119 --> 00:20:54,760 Speaker 4: any food, any water. You're just going to sit there 392 00:20:54,800 --> 00:20:56,239 Speaker 4: and they go in and they go out, and they 393 00:20:56,280 --> 00:21:00,199 Speaker 4: have this all. It's a whole protocol is designed to 394 00:21:00,240 --> 00:21:02,480 Speaker 4: do exactly what it did, which is to get you 395 00:21:02,560 --> 00:21:06,800 Speaker 4: to be willing to do basically anything and confess to anything. Right. 396 00:21:07,760 --> 00:21:10,000 Speaker 4: What's crazy on top of all the rest of this 397 00:21:10,760 --> 00:21:16,760 Speaker 4: is that they were not only committing an act of evil, right, 398 00:21:16,800 --> 00:21:20,280 Speaker 4: which is knowingly extracted a confession from a person that 399 00:21:21,280 --> 00:21:25,520 Speaker 4: they had every indication was innocent of the crime, but 400 00:21:25,720 --> 00:21:29,280 Speaker 4: also they were sloppy. And why I say that is 401 00:21:29,320 --> 00:21:33,080 Speaker 4: because the confession that you signed didn't make any sense 402 00:21:33,560 --> 00:21:35,480 Speaker 4: because the facts that were on that piece of paper 403 00:21:35,800 --> 00:21:39,480 Speaker 4: didn't match the evidence from the case. Right. They got 404 00:21:39,520 --> 00:21:41,920 Speaker 4: you to say that he was in a wheelchair, which 405 00:21:41,920 --> 00:21:44,879 Speaker 4: he wasn't, that it was a robbery of sixty dollars, 406 00:21:44,920 --> 00:21:46,960 Speaker 4: which would find out later that the guy probably didn't 407 00:21:46,960 --> 00:21:49,679 Speaker 4: have sixty dollars. There was a number of other facts 408 00:21:49,760 --> 00:21:53,160 Speaker 4: in there that were just wrong. And that's so weird 409 00:21:53,200 --> 00:21:55,199 Speaker 4: because I don't know. At least it seems to me, 410 00:21:55,720 --> 00:21:58,720 Speaker 4: if you were doing this, you would at least try 411 00:21:58,720 --> 00:22:01,480 Speaker 4: to get someone to sign a confess that's accurate to 412 00:22:01,560 --> 00:22:03,280 Speaker 4: the facts of the case. But they didn't even bother 413 00:22:03,359 --> 00:22:04,200 Speaker 4: to do that. 414 00:22:04,200 --> 00:22:07,040 Speaker 5: That's right, And one of the interesting things here was 415 00:22:07,080 --> 00:22:11,919 Speaker 5: that there were really two confession statements. One was the 416 00:22:12,000 --> 00:22:17,520 Speaker 5: handwritten statement which Scarcella himself wrote out and Vanessa merely signed, 417 00:22:17,880 --> 00:22:20,960 Speaker 5: and this was consistent with protocol at the time. There 418 00:22:21,040 --> 00:22:26,159 Speaker 5: was a video restatement of the confession and that is 419 00:22:26,280 --> 00:22:30,840 Speaker 5: led by an assistant district attorney with Scarcella in the room. 420 00:22:31,400 --> 00:22:37,160 Speaker 5: Now Scarcella could not control the questioning by the assistant 421 00:22:37,200 --> 00:22:42,960 Speaker 5: district attorney. Vanessa testified that they basically rehearsed and Scarcella 422 00:22:43,040 --> 00:22:45,600 Speaker 5: told her what to say in the video, but he 423 00:22:45,680 --> 00:22:49,680 Speaker 5: could not control some of the questions and the ADA, 424 00:22:49,880 --> 00:22:54,600 Speaker 5: for example, asked, was the old man standing? 425 00:22:54,880 --> 00:22:55,640 Speaker 7: Was he sitting? 426 00:22:56,480 --> 00:23:00,040 Speaker 5: And Vanessa said he was sitting, and he said, so 427 00:23:00,080 --> 00:23:05,440 Speaker 5: what was he sitting in? And Scarcella had not researched 428 00:23:05,800 --> 00:23:09,560 Speaker 5: was there ever a wheelchair in the apartment, because Vanessa 429 00:23:09,720 --> 00:23:14,479 Speaker 5: then guessed she said he was sitting in a wheelchair. 430 00:23:14,160 --> 00:23:16,320 Speaker 4: Because he was old. So that might have made sense, right, 431 00:23:16,480 --> 00:23:17,240 Speaker 4: but it's. 432 00:23:17,080 --> 00:23:21,560 Speaker 5: Not true, and so there was a gotcha for us 433 00:23:21,600 --> 00:23:24,800 Speaker 5: as the defense team. That was a great mistake in 434 00:23:24,840 --> 00:23:27,800 Speaker 5: the confession, which we could use to prove it was coerced. 435 00:23:28,400 --> 00:23:32,960 Speaker 5: And the caine. The ADA asked what kind of cain 436 00:23:33,359 --> 00:23:37,680 Speaker 5: was used to hit mister Shaw, and Vanessa again guessed 437 00:23:37,800 --> 00:23:41,159 Speaker 5: because she had no idea. She guessed that it was 438 00:23:41,240 --> 00:23:44,879 Speaker 5: a wooden cane. In fact, it was a metal cane. 439 00:23:45,280 --> 00:23:48,480 Speaker 5: So that's how some of these mistakes came in, is 440 00:23:48,520 --> 00:23:53,080 Speaker 5: that Scarcella could not control the ADA and his questioning. 441 00:23:53,480 --> 00:24:05,640 Speaker 5: Thank god, because otherwise we might not have caught these mistakes. 442 00:24:10,240 --> 00:24:14,199 Speaker 4: So ultimately you end up going to trial, but before 443 00:24:14,240 --> 00:24:16,440 Speaker 4: you get to trial, they held you in Rykers Island 444 00:24:16,480 --> 00:24:19,520 Speaker 4: for thirteen months. Yes, how terrifying. 445 00:24:19,640 --> 00:24:22,920 Speaker 7: Is that very very terrifying. 446 00:24:23,480 --> 00:24:26,679 Speaker 6: But prior to me getting there, after all of the 447 00:24:26,760 --> 00:24:30,320 Speaker 6: confession and everything, they still never told me I was 448 00:24:30,320 --> 00:24:33,360 Speaker 6: being arrested for the crime. They bypassed my house. They 449 00:24:33,400 --> 00:24:35,520 Speaker 6: still stated to me that they were taking me home. 450 00:24:36,880 --> 00:24:39,760 Speaker 6: And we got to the precint I said, why didn't 451 00:24:39,760 --> 00:24:41,560 Speaker 6: you pass my house or we have to make one 452 00:24:41,560 --> 00:24:45,159 Speaker 6: more stop. This is still lives And we got to 453 00:24:45,200 --> 00:24:47,439 Speaker 6: the precinct and at that point then he said he 454 00:24:47,520 --> 00:24:50,439 Speaker 6: had to handcuff me. I was never cuffed. I was 455 00:24:50,520 --> 00:24:54,440 Speaker 6: never told I was arrested and they had to cuff 456 00:24:54,520 --> 00:24:58,440 Speaker 6: me to take me into that building, which was Central Booking. 457 00:24:59,160 --> 00:25:01,359 Speaker 6: I didn't even know that. And then I was put 458 00:25:01,359 --> 00:25:06,600 Speaker 6: in the cage and I just stayed there until they 459 00:25:06,680 --> 00:25:08,720 Speaker 6: said I was supposed to see a judge or whatever 460 00:25:08,800 --> 00:25:11,240 Speaker 6: I had to It was all a blur because I 461 00:25:11,280 --> 00:25:14,359 Speaker 6: don't recall all of that that happened at that time. 462 00:25:15,480 --> 00:25:18,320 Speaker 6: And the next day I guessed that I was on 463 00:25:18,359 --> 00:25:22,359 Speaker 6: the bus going to Rikers Island and up on my rival. 464 00:25:22,520 --> 00:25:25,320 Speaker 6: You know, they do the strips serge your neckad you're 465 00:25:25,440 --> 00:25:27,920 Speaker 6: walking around in the sheet in the cage with a 466 00:25:27,920 --> 00:25:33,160 Speaker 6: whole bunch of people, other women, and you know, and 467 00:25:33,200 --> 00:25:36,920 Speaker 6: then you put into a cell. And at that time 468 00:25:36,960 --> 00:25:39,840 Speaker 6: when they put me to a housing unit, I was 469 00:25:39,880 --> 00:25:42,920 Speaker 6: able to call home finally and tell him where I was. 470 00:25:42,880 --> 00:25:44,800 Speaker 4: At and what was that phone called? 471 00:25:44,840 --> 00:25:46,560 Speaker 8: Like it was. 472 00:25:47,760 --> 00:25:49,760 Speaker 7: He was very upset. I was upset. 473 00:25:49,840 --> 00:25:53,280 Speaker 6: I was hysterical, and I still couldn't think of how 474 00:25:53,359 --> 00:25:57,720 Speaker 6: I landed here, you know, in Riker's Island. It was 475 00:25:57,880 --> 00:26:02,800 Speaker 6: just it was ter and you have no clothes. You 476 00:26:02,880 --> 00:26:04,560 Speaker 6: have the rents out what you have on. You took 477 00:26:04,600 --> 00:26:06,560 Speaker 6: a shower, your rents out what you have on and 478 00:26:07,240 --> 00:26:11,520 Speaker 6: hang it in your cell, hopefully it be dry by morning, 479 00:26:11,560 --> 00:26:12,360 Speaker 6: cause that's all you have. 480 00:26:13,320 --> 00:26:15,679 Speaker 7: And that was it til the next morning. 481 00:26:15,760 --> 00:26:19,280 Speaker 6: Then you're taking out and you go to the mess 482 00:26:19,320 --> 00:26:22,480 Speaker 6: hall as they call it, and and you're just there 483 00:26:23,359 --> 00:26:25,879 Speaker 6: in that space until they put you for two weeks. 484 00:26:25,920 --> 00:26:28,399 Speaker 6: I guess it's two weeks before they put you in 485 00:26:28,480 --> 00:26:33,160 Speaker 6: population and then you they assign you another where I. 486 00:26:33,240 --> 00:26:34,560 Speaker 7: Was living in the dormitory. 487 00:26:35,200 --> 00:26:37,080 Speaker 6: In the dorm where it's a whole bunch of beds 488 00:26:37,080 --> 00:26:41,480 Speaker 6: and women half toilets. There was no privacy at all. 489 00:26:41,600 --> 00:26:44,000 Speaker 6: You take showers where the whole bunch of other women 490 00:26:44,840 --> 00:26:47,920 Speaker 6: in one big circle thing, and you just got spickers 491 00:26:47,920 --> 00:26:50,879 Speaker 6: coming out the wall, and it was a lot of 492 00:26:50,880 --> 00:26:55,320 Speaker 6: different things that happen. It's it's terrible just being in 493 00:26:55,320 --> 00:26:59,000 Speaker 6: that place. A lot of different things go on, women 494 00:26:59,040 --> 00:27:02,320 Speaker 6: and women. I started working the night shift. I did 495 00:27:02,359 --> 00:27:04,119 Speaker 6: whatever I had to do so I wouldn't be on 496 00:27:04,720 --> 00:27:07,439 Speaker 6: the dorm at night. I just didn't. It was just 497 00:27:07,520 --> 00:27:10,399 Speaker 6: disgusting for me. I couldn't deal with that part of it. 498 00:27:11,920 --> 00:27:16,800 Speaker 4: So ultimately, thirteen months later, you end up finally getting 499 00:27:16,800 --> 00:27:20,400 Speaker 4: your day in court, and you had a lawyer who 500 00:27:20,440 --> 00:27:23,120 Speaker 4: didn't seems like he did the minimum amount of work 501 00:27:23,119 --> 00:27:25,800 Speaker 4: that he could do. Now you know, I don't know. 502 00:27:25,840 --> 00:27:27,959 Speaker 4: He may have been working on four hundred other cases. 503 00:27:27,960 --> 00:27:30,760 Speaker 4: There are certainly lawyers of public defenders in New York 504 00:27:30,760 --> 00:27:33,800 Speaker 4: who are so overburdened. But that doesn't matter when it's 505 00:27:33,880 --> 00:27:36,439 Speaker 4: your life on the line, right And we don't know 506 00:27:36,560 --> 00:27:39,960 Speaker 4: the personal circumstances that this individual was in, but one 507 00:27:39,960 --> 00:27:44,240 Speaker 4: way or another, he was not prepared and did not 508 00:27:44,359 --> 00:27:47,639 Speaker 4: represent you adequately, and you really didn't have a chance. 509 00:27:48,080 --> 00:27:48,840 Speaker 7: That's true. 510 00:27:49,040 --> 00:27:53,880 Speaker 6: Well, I like the attorney I made. My companion kept 511 00:27:53,880 --> 00:27:56,640 Speaker 6: asking him and court. When we went to court, could 512 00:27:56,680 --> 00:27:59,680 Speaker 6: he speak with him? He always said yes, but he 513 00:28:00,280 --> 00:28:03,919 Speaker 6: left the courtroom. He adjourned my case on numerous occasions, 514 00:28:03,960 --> 00:28:07,200 Speaker 6: so there was nothing that he did. 515 00:28:08,080 --> 00:28:08,880 Speaker 7: There was no. 516 00:28:08,800 --> 00:28:13,640 Speaker 6: Investigation because as far as I'm concerned, when this incident happened, 517 00:28:14,160 --> 00:28:17,320 Speaker 6: I don't see where there's a police investigation done in anything. 518 00:28:17,600 --> 00:28:21,120 Speaker 6: By the time that they decided the man had passed away, 519 00:28:21,760 --> 00:28:24,080 Speaker 6: there was dust that family had came in and cleaned 520 00:28:24,080 --> 00:28:27,040 Speaker 6: the house, did a lot of things, so therefore there 521 00:28:27,160 --> 00:28:31,320 Speaker 6: was no fingerprints. There was nothing. The house was cleaned 522 00:28:31,600 --> 00:28:34,199 Speaker 6: because the family members. This is all the information I 523 00:28:34,240 --> 00:28:37,440 Speaker 6: found out later on after I was incarcerated. 524 00:28:37,680 --> 00:28:42,840 Speaker 4: Another terrible aspect of pre trial detention is that I'm 525 00:28:42,880 --> 00:28:44,720 Speaker 4: guessing your lawyer didn't visit you. 526 00:28:44,760 --> 00:28:46,160 Speaker 7: No, he did not, right, And. 527 00:28:46,120 --> 00:28:48,120 Speaker 4: There's the reason behind that too, which is that for 528 00:28:48,160 --> 00:28:50,360 Speaker 4: a lawyer to go to Rikers Island and visit you, 529 00:28:50,400 --> 00:28:52,320 Speaker 4: basically that's going to take their whole day. They don't 530 00:28:52,320 --> 00:28:54,800 Speaker 4: make it easy. It's a whole process you have to 531 00:28:54,840 --> 00:28:57,280 Speaker 4: go through. They have to travel to the jail. So 532 00:28:58,120 --> 00:29:01,000 Speaker 4: people who are not in the system right, people who 533 00:29:01,000 --> 00:29:04,160 Speaker 4: are out on bail or on their own recognisance, have 534 00:29:04,240 --> 00:29:06,520 Speaker 4: a much better chance because they can meet more freely 535 00:29:06,560 --> 00:29:09,680 Speaker 4: with their lawyers and get better representation, which is another 536 00:29:09,720 --> 00:29:11,640 Speaker 4: thing that I think it's important for people to understand. 537 00:29:11,640 --> 00:29:13,920 Speaker 4: It's one of the reasons why our bail system is 538 00:29:14,000 --> 00:29:19,360 Speaker 4: so unfair and ill conceived. So you were in that 539 00:29:19,560 --> 00:29:23,360 Speaker 4: exact situation where you're facing a murder wrap. Your lawyer's 540 00:29:23,400 --> 00:29:26,160 Speaker 4: not visiting you, he's not really doing any work every 541 00:29:26,160 --> 00:29:27,840 Speaker 4: time he comes in, and a journeys the case, you 542 00:29:27,840 --> 00:29:31,120 Speaker 4: go right back to Rikers Island, and so there's just 543 00:29:31,280 --> 00:29:36,360 Speaker 4: nothing that's fair or equitable about that. And ultimately, though 544 00:29:36,480 --> 00:29:38,880 Speaker 4: thirteen months later, you did get your day in court. 545 00:29:39,280 --> 00:29:42,440 Speaker 4: By this point, I mean, you've been through so much, 546 00:29:42,960 --> 00:29:44,800 Speaker 4: and you'd been lied to by the people who are 547 00:29:44,800 --> 00:29:48,080 Speaker 4: supposed to protect you, and you'd been let down by 548 00:29:48,120 --> 00:29:50,440 Speaker 4: the other person was supposed to protect you as your lawyer. 549 00:29:51,040 --> 00:29:53,080 Speaker 4: The whole system is failing you. But when you went 550 00:29:53,120 --> 00:29:55,240 Speaker 4: to court, did you believe that justice would finally be 551 00:29:55,280 --> 00:29:57,400 Speaker 4: done and people would see that you were an innocent person. 552 00:29:57,760 --> 00:29:58,040 Speaker 7: Yes? 553 00:29:58,160 --> 00:29:58,480 Speaker 4: I did. 554 00:29:58,600 --> 00:30:01,240 Speaker 6: That's the reason why I test on my own behalf, 555 00:30:01,280 --> 00:30:03,080 Speaker 6: because I didn't have anyone. 556 00:30:03,160 --> 00:30:07,280 Speaker 7: To testify for me. And I mean Scott Selly. 557 00:30:07,680 --> 00:30:10,360 Speaker 6: He went out of his way to make sure that 558 00:30:10,480 --> 00:30:13,840 Speaker 6: family members were there, and a lot of them had 559 00:30:13,880 --> 00:30:17,480 Speaker 6: moved away because of the time lapse. They were in 560 00:30:17,560 --> 00:30:20,240 Speaker 6: another state, but he brought a lot of them there 561 00:30:20,320 --> 00:30:23,080 Speaker 6: so that the jury could see that there was a 562 00:30:23,160 --> 00:30:27,280 Speaker 6: large family, and it just made things move a little 563 00:30:27,280 --> 00:30:29,120 Speaker 6: smoother for him to get the conviction. 564 00:30:30,040 --> 00:30:32,800 Speaker 7: But I did speak to the family. I spoke to 565 00:30:32,800 --> 00:30:33,240 Speaker 7: the judge. 566 00:30:33,240 --> 00:30:35,680 Speaker 6: I even wrote a letter to the judge stating that 567 00:30:35,720 --> 00:30:37,080 Speaker 6: I did not commit this crime. 568 00:30:37,440 --> 00:30:38,480 Speaker 4: So these are what happened. 569 00:30:38,800 --> 00:30:44,600 Speaker 5: Well, Finessa testified that the confession was coerced and that 570 00:30:44,640 --> 00:30:45,600 Speaker 5: she was not there. 571 00:30:46,160 --> 00:30:46,440 Speaker 4: Now. 572 00:30:46,840 --> 00:30:51,320 Speaker 5: The jury deliberated for I think over thirteen hours. It 573 00:30:51,480 --> 00:30:56,560 Speaker 5: was a lengthy deliberation, relatively speaking, and they acquitted her 574 00:30:57,200 --> 00:31:01,040 Speaker 5: on the top count, which was murder. But there must 575 00:31:01,040 --> 00:31:04,520 Speaker 5: have been some kind of compromise because they did convict 576 00:31:04,520 --> 00:31:09,520 Speaker 5: her on the manslaughter and the only evidence against her 577 00:31:09,720 --> 00:31:12,240 Speaker 5: was the confession. But you have to remember this was 578 00:31:12,280 --> 00:31:17,840 Speaker 5: back in ninety seven and juries were not sensitized to 579 00:31:17,960 --> 00:31:22,080 Speaker 5: the issues we all know today about how innocent people 580 00:31:22,600 --> 00:31:27,120 Speaker 5: can confess. The science was not there then, and it 581 00:31:27,120 --> 00:31:31,800 Speaker 5: would take a lot for a jury to reject a 582 00:31:31,960 --> 00:31:36,400 Speaker 5: confession that someone seemed to have voluntarily made, and there 583 00:31:36,480 --> 00:31:40,680 Speaker 5: was no false confession expert who testified on her behalf 584 00:31:40,680 --> 00:31:46,200 Speaker 5: a trial, just Vanessa's word against Scarcella's word. And obviously 585 00:31:46,800 --> 00:31:52,600 Speaker 5: Scarcela at that time was a senior detective who nobody 586 00:31:52,680 --> 00:31:57,040 Speaker 5: had reason to question. There had been no allegations yet 587 00:31:57,520 --> 00:32:01,200 Speaker 5: that he had engaged in any corrupt eye activity, So 588 00:32:01,520 --> 00:32:07,400 Speaker 5: it was reasonable for a jury to buy Scarcello's account 589 00:32:07,720 --> 00:32:11,200 Speaker 5: instead of Finesses. And I think that's what happened. If 590 00:32:11,240 --> 00:32:14,840 Speaker 5: the same case we're tried today, I think a jury 591 00:32:14,880 --> 00:32:19,480 Speaker 5: would be much more attuned to coercion issues and that 592 00:32:19,600 --> 00:32:22,280 Speaker 5: false confessions can happen. I think it would be a 593 00:32:22,280 --> 00:32:23,360 Speaker 5: different outcome today. 594 00:32:23,440 --> 00:32:26,040 Speaker 4: Frankly, Yeah, And I want to make sure that people 595 00:32:26,080 --> 00:32:30,120 Speaker 4: who are listening really take that in because now we 596 00:32:30,320 --> 00:32:33,120 Speaker 4: know there's so much research on false confessions. It is 597 00:32:33,160 --> 00:32:37,160 Speaker 4: a wonderful show on Netflix called The Confession Tapes. So 598 00:32:37,200 --> 00:32:40,680 Speaker 4: many people have seen the Confessions and other programs like 599 00:32:40,760 --> 00:32:44,560 Speaker 4: Making a Murderer that are so obviously false. We know 600 00:32:44,760 --> 00:32:49,000 Speaker 4: that in DNA exonerations over twenty percent of the cases 601 00:32:49,000 --> 00:32:54,800 Speaker 4: involve false confessions. It's a scary phenomenon, but it's very real. 602 00:32:55,120 --> 00:32:58,000 Speaker 4: And so Vanessa, at that moment when you were convicted, 603 00:32:58,040 --> 00:33:00,800 Speaker 4: because the jury did come back in and declare you 604 00:33:00,840 --> 00:33:04,200 Speaker 4: guilty of second degree manslaughter, what was that like? 605 00:33:05,680 --> 00:33:08,080 Speaker 7: I think I just went numb on it and believe it. 606 00:33:08,240 --> 00:33:10,000 Speaker 6: I didn't think I would get that kind of time 607 00:33:10,120 --> 00:33:13,720 Speaker 6: anyway for this he even if they didn't believe me. 608 00:33:14,520 --> 00:33:17,400 Speaker 6: I really didn't even realize how much time I had 609 00:33:17,440 --> 00:33:21,200 Speaker 6: to do. I just didn't believe it, so that nobody 610 00:33:21,840 --> 00:33:24,840 Speaker 6: believed me, you know what I was stating to them. 611 00:33:25,080 --> 00:33:28,400 Speaker 6: I mean, I know he had some issues in the past, 612 00:33:28,480 --> 00:33:31,360 Speaker 6: and he just came back forward trying to just get 613 00:33:31,360 --> 00:33:34,760 Speaker 6: a conviction, because he did have some problems in the department. 614 00:33:34,840 --> 00:33:36,520 Speaker 7: But he just came gun home at me. 615 00:33:37,160 --> 00:33:40,120 Speaker 6: And I'm not realizing that he was set me up 616 00:33:40,160 --> 00:33:42,480 Speaker 6: the whole time just to take the four for this crime. 617 00:33:43,320 --> 00:33:46,040 Speaker 4: But he did. And he probably got some pats on 618 00:33:46,080 --> 00:33:48,560 Speaker 4: the back and some you know, sort of accolades for 619 00:33:48,640 --> 00:33:52,440 Speaker 4: solving another cold case. And you were, you know, just 620 00:33:52,480 --> 00:33:54,360 Speaker 4: a little detailed to him. That's all. I probably never 621 00:33:54,560 --> 00:33:56,400 Speaker 4: Probably I'm guessing he went home that night, had a 622 00:33:56,480 --> 00:33:58,680 Speaker 4: nice dinner, you know, watch some TV, and went to sleep. 623 00:33:59,200 --> 00:34:02,120 Speaker 4: So you end up serving ten years in prison where 624 00:34:02,160 --> 00:34:05,600 Speaker 4: you had a perfect disciplinary record, and the whole time 625 00:34:05,880 --> 00:34:09,160 Speaker 4: you maintained your innocence, even though there were times when 626 00:34:09,160 --> 00:34:11,239 Speaker 4: you came before a parole board and it would have 627 00:34:11,239 --> 00:34:13,200 Speaker 4: been better for you in some ways to say that 628 00:34:13,239 --> 00:34:15,439 Speaker 4: you were guilty, because they would have probably sent you home. 629 00:34:17,040 --> 00:34:20,399 Speaker 6: Yes, that's true. But the first couple of times I went, 630 00:34:20,480 --> 00:34:23,719 Speaker 6: I did not. I kept I stated that I did 631 00:34:23,719 --> 00:34:24,520 Speaker 6: not do the crime. 632 00:34:24,960 --> 00:34:26,120 Speaker 4: But they don't want to hear that. They want to 633 00:34:26,120 --> 00:34:28,600 Speaker 4: hear that you're remorseful, that you feel bad that the victim. 634 00:34:28,719 --> 00:34:31,480 Speaker 6: I can't feel remorse when I didn't do something you 635 00:34:31,520 --> 00:34:32,160 Speaker 6: don't understand. 636 00:34:32,400 --> 00:34:33,320 Speaker 7: How do you feel? 637 00:34:33,400 --> 00:34:36,640 Speaker 6: You don't know the person, you didn't do the crime, 638 00:34:36,960 --> 00:34:39,600 Speaker 6: so how can you feel remorse. I mean, I feel 639 00:34:39,640 --> 00:34:42,279 Speaker 6: remorse when someone is getting beaten or something like that, 640 00:34:42,760 --> 00:34:46,400 Speaker 6: actually seen it happen. But as far as me doing 641 00:34:46,440 --> 00:34:47,840 Speaker 6: something like that, never. 642 00:34:48,239 --> 00:34:51,680 Speaker 5: Never Finessa's right. In the first two parole hearings, she 643 00:34:51,800 --> 00:34:55,040 Speaker 5: said I did not do what they said I did. 644 00:34:55,400 --> 00:35:00,600 Speaker 5: But eight years in with a perfect disciplinary record and 645 00:35:00,680 --> 00:35:04,200 Speaker 5: seeing how little asserting her evidence got her with the 646 00:35:04,239 --> 00:35:09,560 Speaker 5: parole board previously, in her third parole hearing, she appeared 647 00:35:09,600 --> 00:35:14,879 Speaker 5: to admit guilt, and we retained a fabulous expert who 648 00:35:14,960 --> 00:35:20,000 Speaker 5: was able to explain the conundrum that someone like Vanessa 649 00:35:20,120 --> 00:35:25,240 Speaker 5: is facing. And Vanessa testified in her deposition that everyone 650 00:35:25,400 --> 00:35:29,399 Speaker 5: on the inside was telling her you're an idiot. You've 651 00:35:29,440 --> 00:35:32,520 Speaker 5: got to tell them what they want to hear. Just 652 00:35:32,640 --> 00:35:35,880 Speaker 5: tell them you did it. And so Vanessa in the 653 00:35:35,960 --> 00:35:40,760 Speaker 5: third parole hearing appeared to admit guilt when in fact 654 00:35:40,800 --> 00:35:44,720 Speaker 5: obviously she was not guilty, but it was the only 655 00:35:44,800 --> 00:35:47,840 Speaker 5: way she could see to get out early. 656 00:35:48,680 --> 00:35:51,720 Speaker 6: At that point, it didn't matter they it didn't matter. 657 00:35:51,800 --> 00:35:54,360 Speaker 6: Even in the third hearing, date hit me again with 658 00:35:54,440 --> 00:35:58,160 Speaker 6: another two years, which is pissed my cr date, my 659 00:35:58,239 --> 00:36:00,880 Speaker 6: condition to release. If it was up to them, I 660 00:36:00,880 --> 00:36:12,680 Speaker 6: would have still been in there until two thousand and eight. 661 00:36:16,760 --> 00:36:18,239 Speaker 4: Now we're going to get to the good part of 662 00:36:18,239 --> 00:36:20,800 Speaker 4: the story, right, because there is a happy ending, or 663 00:36:20,840 --> 00:36:22,719 Speaker 4: you wouldn't be sitting here now and you wouldn't be 664 00:36:22,800 --> 00:36:26,520 Speaker 4: enjoying the nice, big, extended family that you now have. 665 00:36:26,680 --> 00:36:29,560 Speaker 4: And so the good guys come to the rescue. Right. 666 00:36:29,640 --> 00:36:33,400 Speaker 4: You have Lisa and her team at Hughes, Hubbard and Red, 667 00:36:33,600 --> 00:36:36,920 Speaker 4: and you have the legal aid Society, and then at 668 00:36:36,960 --> 00:36:40,120 Speaker 4: just about the right time in Brooklyn, the Conviction Review 669 00:36:40,200 --> 00:36:46,520 Speaker 4: Unit was established, and that unit has done phenomenal work 670 00:36:47,040 --> 00:36:51,719 Speaker 4: in reversing many wrongful convictions, including last time I looked 671 00:36:51,719 --> 00:36:55,440 Speaker 4: at was seven or eight that Scarcela was directly responsible for, 672 00:36:56,040 --> 00:37:00,800 Speaker 4: including yours. So let's talk about that, because the happy 673 00:37:00,880 --> 00:37:04,120 Speaker 4: ending part of this story is really really important because 674 00:37:04,520 --> 00:37:08,960 Speaker 4: it requires people like Lisa and other dedicated professionals to 675 00:37:09,120 --> 00:37:11,600 Speaker 4: go and reverse one of these things. It's hard. I mean, 676 00:37:11,640 --> 00:37:13,879 Speaker 4: they don't make it easy at all. So how did 677 00:37:13,920 --> 00:37:16,640 Speaker 4: it come about Lisa? How did she end up getting justice? 678 00:37:16,680 --> 00:37:17,160 Speaker 4: After all? 679 00:37:17,560 --> 00:37:22,520 Speaker 5: Credit initially unquestionably goes to the Legal Aid Society. This 680 00:37:22,600 --> 00:37:26,320 Speaker 5: is what happened. Charles Hines was in the political fight 681 00:37:26,600 --> 00:37:31,279 Speaker 5: of his career and there had been an initial Scarcella 682 00:37:31,360 --> 00:37:35,640 Speaker 5: related exoneration in the David Ranta case, and the New 683 00:37:35,719 --> 00:37:40,600 Speaker 5: York Times and Ken Thompson are breathing down Charles Hines's back, 684 00:37:41,120 --> 00:37:45,000 Speaker 5: and he says, it's okay, everybody, I'm telling you right now, 685 00:37:45,080 --> 00:37:51,080 Speaker 5: I am going to reinvestigate every trial conviction that detective 686 00:37:51,120 --> 00:37:56,120 Speaker 5: Scarcella touched, and Hines prepared a list which has never 687 00:37:56,160 --> 00:37:59,440 Speaker 5: been publicly available. I don't know anyone that's ever seen it. 688 00:38:00,160 --> 00:38:05,440 Speaker 5: Initially it had at least fifty names of defendants on it. 689 00:38:06,000 --> 00:38:10,000 Speaker 5: And what the DA's office did was they contacted the 690 00:38:10,080 --> 00:38:14,600 Speaker 5: last lawyer of record in each of those fifty cases. Well, 691 00:38:14,680 --> 00:38:17,920 Speaker 5: the Legal Aid Society was the last lawyer of record 692 00:38:18,120 --> 00:38:21,759 Speaker 5: in a good half of those, about twenty five. And 693 00:38:21,840 --> 00:38:26,919 Speaker 5: so Legal Aid went to firms around town looking for 694 00:38:26,960 --> 00:38:31,480 Speaker 5: partners which is how Hughes Hubbard got involved with the case, 695 00:38:32,040 --> 00:38:37,440 Speaker 5: and we proceeded on a three year partnership with Legal Aid. 696 00:38:37,719 --> 00:38:44,319 Speaker 5: We reinvestigated the crime and marshaled our arguments, retained experts, 697 00:38:44,920 --> 00:38:49,919 Speaker 5: and were able to make a persuasive pitch to the 698 00:38:49,920 --> 00:38:54,680 Speaker 5: then District Attorney, Ken Thompson, who had beaten Charles Hines 699 00:38:54,719 --> 00:38:58,560 Speaker 5: in that election. And that is the short story of 700 00:38:59,200 --> 00:39:01,640 Speaker 5: how we were able to get to the exoneration day. 701 00:39:02,320 --> 00:39:06,359 Speaker 4: And Ken Thompson sadly died last year at the young 702 00:39:06,400 --> 00:39:09,360 Speaker 4: age of fifty. He was a good man and a 703 00:39:09,400 --> 00:39:11,480 Speaker 4: decent man. He was a friend of mine, but he 704 00:39:11,960 --> 00:39:14,200 Speaker 4: was so proud. You know, he used to walk around 705 00:39:14,200 --> 00:39:15,960 Speaker 4: with a picture of you. I don't know, do you 706 00:39:16,000 --> 00:39:16,319 Speaker 4: know that? 707 00:39:16,880 --> 00:39:18,879 Speaker 6: No, I know it's in his office but I didn't 708 00:39:18,920 --> 00:39:20,080 Speaker 6: know he had the picture with it. 709 00:39:20,320 --> 00:39:24,239 Speaker 4: He at his birthday party. He has this cardboard thing. 710 00:39:24,440 --> 00:39:26,919 Speaker 4: I'm holding my arms out wide to show how big 711 00:39:26,960 --> 00:39:29,000 Speaker 4: it was, and then it was about a couple of 712 00:39:29,040 --> 00:39:31,680 Speaker 4: feet three feet high, and on it it had a 713 00:39:31,719 --> 00:39:35,160 Speaker 4: picture of you and the other exoneries that he his 714 00:39:35,280 --> 00:39:38,480 Speaker 4: office had helped to exonerate. And so he was very 715 00:39:38,480 --> 00:39:41,839 Speaker 4: proud of you and of the work that he and 716 00:39:42,000 --> 00:39:44,239 Speaker 4: his team had done to help in your case. I 717 00:39:44,280 --> 00:39:47,640 Speaker 4: remember him mentioning you specifically, So you should feel good 718 00:39:47,640 --> 00:39:52,399 Speaker 4: about that. So when finally the light shone on you 719 00:39:52,600 --> 00:39:55,520 Speaker 4: and on your case and justice was done, and it 720 00:39:55,600 --> 00:40:00,319 Speaker 4: was proven by all these good people that this had happened, 721 00:40:00,080 --> 00:40:04,160 Speaker 4: and that you were telling the truth all along, except 722 00:40:04,200 --> 00:40:06,600 Speaker 4: when you were lying, because it was them telling you 723 00:40:06,640 --> 00:40:09,359 Speaker 4: what to say, right, I mean, but in fact, as 724 00:40:09,400 --> 00:40:11,840 Speaker 4: you had been saying you were innocent for so many years, 725 00:40:12,120 --> 00:40:15,440 Speaker 4: what did that feel like when finally you got your 726 00:40:15,480 --> 00:40:16,040 Speaker 4: life back? 727 00:40:17,000 --> 00:40:20,160 Speaker 6: It felt great, and I was like, I'm saying, I'm 728 00:40:20,239 --> 00:40:23,560 Speaker 6: able to finally put this behind me. You don't know 729 00:40:23,640 --> 00:40:27,600 Speaker 6: what you're feeling at that time, because it's like it's 730 00:40:27,640 --> 00:40:29,520 Speaker 6: clear now that I didn't do it. I mean, you 731 00:40:29,520 --> 00:40:32,560 Speaker 6: don't know what people think of you, whether you did 732 00:40:32,600 --> 00:40:34,960 Speaker 6: this crime or not, because it's on record stating that 733 00:40:35,040 --> 00:40:38,880 Speaker 6: you did. But I felt great, I mean I felt 734 00:40:38,880 --> 00:40:43,000 Speaker 6: reallyd Now live my life without having that on my record, 735 00:40:43,360 --> 00:40:47,360 Speaker 6: it's very difficult to try and find a job, to 736 00:40:47,440 --> 00:40:49,640 Speaker 6: move on in life because you have this hanging over 737 00:40:49,680 --> 00:40:52,920 Speaker 6: your head. Now my record is clean, I could state 738 00:40:53,000 --> 00:40:56,440 Speaker 6: that I have no record, which makes life a lot 739 00:40:56,480 --> 00:40:59,879 Speaker 6: easier for me because people look to a background check. 740 00:41:00,160 --> 00:41:00,880 Speaker 7: Is nothing there. 741 00:41:01,680 --> 00:41:03,840 Speaker 4: It's nothing there because you never had anything there, because 742 00:41:03,840 --> 00:41:06,000 Speaker 4: you were always there, always were a law abiding citizen. 743 00:41:06,239 --> 00:41:09,760 Speaker 6: Yes, but as far as the law and the criminal 744 00:41:09,880 --> 00:41:12,760 Speaker 6: justice system said, yes you have a record, it's on there. 745 00:41:12,960 --> 00:41:13,520 Speaker 4: Not anymore. 746 00:41:13,800 --> 00:41:15,520 Speaker 7: Not anymore, it's been taken away. 747 00:41:15,760 --> 00:41:18,439 Speaker 4: And now you know, there's another aspect of this, which 748 00:41:18,520 --> 00:41:21,279 Speaker 4: is something that's so troubling. You know, when we live 749 00:41:21,280 --> 00:41:25,040 Speaker 4: in a country where we have approximately four point four 750 00:41:25,080 --> 00:41:27,480 Speaker 4: percent of the world's population, but we have thirty three 751 00:41:27,520 --> 00:41:30,399 Speaker 4: percent of the world's female prison population, which is just 752 00:41:30,640 --> 00:41:34,839 Speaker 4: so outrageous. I mean, it's a national disgrace the way 753 00:41:34,880 --> 00:41:38,319 Speaker 4: we treat women in this country. And when somebody like 754 00:41:38,400 --> 00:41:43,000 Speaker 4: you is locked up, you're missing out on your children's lives, 755 00:41:43,320 --> 00:41:47,319 Speaker 4: right and your children, grandchildren and that dynamic. I mean, 756 00:41:47,320 --> 00:41:49,200 Speaker 4: that must have been an extra punishment. 757 00:41:49,640 --> 00:41:50,040 Speaker 7: It was. 758 00:41:50,400 --> 00:41:54,400 Speaker 6: My granddaughter was like only a year or when I 759 00:41:54,440 --> 00:41:58,240 Speaker 6: went in, and it caused a lot of chaos between 760 00:41:58,320 --> 00:42:00,879 Speaker 6: me and my daughter because I wasn't there for her. 761 00:42:01,600 --> 00:42:05,319 Speaker 6: You understand, when she needed her mother to help her, 762 00:42:05,680 --> 00:42:07,680 Speaker 6: when she had questions about raising her daughter. 763 00:42:07,800 --> 00:42:08,479 Speaker 7: I wasn't there. 764 00:42:08,680 --> 00:42:09,880 Speaker 4: She couldn't even call you. 765 00:42:09,920 --> 00:42:10,160 Speaker 2: No. 766 00:42:10,320 --> 00:42:12,240 Speaker 4: And not only were there, but you were far away, 767 00:42:12,320 --> 00:42:13,440 Speaker 4: right That That's another thing. 768 00:42:13,640 --> 00:42:16,400 Speaker 6: I was in bedfoot for a while, and then I 769 00:42:16,480 --> 00:42:20,520 Speaker 6: finally moved to They moved me to Bayview, which is 770 00:42:20,520 --> 00:42:23,239 Speaker 6: in Manhattan, which was made closer because I didn't get 771 00:42:23,280 --> 00:42:26,279 Speaker 6: a lot of visits. I didn't get visits because my 772 00:42:26,360 --> 00:42:31,439 Speaker 6: family couldn't come to the facility because we were poor. 773 00:42:31,600 --> 00:42:34,840 Speaker 6: We didn't have money like that. I mean, even like 774 00:42:36,160 --> 00:42:38,920 Speaker 6: my father was living at the time. He wanted to 775 00:42:38,920 --> 00:42:40,920 Speaker 6: put up his farm. I wouldn't allow him to do 776 00:42:40,960 --> 00:42:43,560 Speaker 6: that because they gave me a quarter million dollar bill. 777 00:42:43,600 --> 00:42:45,120 Speaker 6: I'm saying, where do you think I'm gonna get that 778 00:42:45,200 --> 00:42:48,880 Speaker 6: kind of money from. It was difficult for everyone. I 779 00:42:48,920 --> 00:42:51,160 Speaker 6: lost a lot of family members. I lost a brother, 780 00:42:51,280 --> 00:42:56,200 Speaker 6: or sister, my uncle, my aunt, I lost my mother, 781 00:42:56,400 --> 00:42:59,040 Speaker 6: my father's brother. It was it was a lot of 782 00:42:59,400 --> 00:43:03,120 Speaker 6: family member once that passed away. During my first year incarcerated, 783 00:43:03,719 --> 00:43:07,240 Speaker 6: I couldn't attend anything because if you're in New York 784 00:43:07,640 --> 00:43:10,000 Speaker 6: or if your family's out of state, you can't go 785 00:43:10,840 --> 00:43:11,719 Speaker 6: to the services. 786 00:43:11,760 --> 00:43:14,359 Speaker 7: So that was hard for me to deal with too. 787 00:43:14,440 --> 00:43:17,760 Speaker 6: It was a lot of things that that I missed 788 00:43:17,760 --> 00:43:20,120 Speaker 6: out on because of my incarceration. 789 00:43:20,560 --> 00:43:23,080 Speaker 4: So you had to endure the death of numerous family 790 00:43:23,120 --> 00:43:25,759 Speaker 4: members while you were behind bars for something you didn't do, 791 00:43:25,880 --> 00:43:29,400 Speaker 4: and you weren't even allowed to go to the funeral. No. Right, So, 792 00:43:29,440 --> 00:43:32,680 Speaker 4: I mean, it's so amazing to me that you're here now, 793 00:43:33,239 --> 00:43:37,960 Speaker 4: standing up straight, proud, like, able to put a sentence together, right, 794 00:43:38,080 --> 00:43:41,080 Speaker 4: able to just have a life when you've been through 795 00:43:41,200 --> 00:43:45,120 Speaker 4: such an incredibly terrible ordeal that you never deserved. I mean, 796 00:43:45,160 --> 00:43:49,600 Speaker 4: it's crazy. So now the good news is you have 797 00:43:49,680 --> 00:43:52,120 Speaker 4: gotten your life back, right. I mean, this thing actually 798 00:43:52,160 --> 00:43:54,359 Speaker 4: happened almost twenty years ago. Must be crazy to think 799 00:43:54,360 --> 00:43:56,800 Speaker 4: about that. And now you've been out for some time, 800 00:43:57,080 --> 00:43:59,960 Speaker 4: and what's the situation now? You settled your lawsuits, right, 801 00:44:00,040 --> 00:44:04,879 Speaker 4: which is great? Yes, And It's worth noting that Scarcela 802 00:44:04,960 --> 00:44:09,640 Speaker 4: not only ruined so many people's lives and left so 803 00:44:09,719 --> 00:44:14,200 Speaker 4: many crimes unsolved, leading to many more crimes happening, because obviously, 804 00:44:14,239 --> 00:44:16,279 Speaker 4: when he arrested and was able to get convictions on 805 00:44:16,280 --> 00:44:18,360 Speaker 4: the wrong people, the right people were out there committing 806 00:44:18,360 --> 00:44:21,479 Speaker 4: more crimes. Right, So he's got that. And then also 807 00:44:21,600 --> 00:44:24,000 Speaker 4: there's been tens of millions of dollars paid out to 808 00:44:24,440 --> 00:44:27,279 Speaker 4: so many victims of his by the city, which is 809 00:44:27,360 --> 00:44:31,319 Speaker 4: taxpayer money. So there's nothing cute or funny about what 810 00:44:31,360 --> 00:44:34,480 Speaker 4: this guy was doing. When these guys behave in this way, 811 00:44:34,520 --> 00:44:36,760 Speaker 4: who are supposed to be protecting us and keeping us safe, 812 00:44:37,200 --> 00:44:41,520 Speaker 4: it has so many terrible consequences across the board. So 813 00:44:42,160 --> 00:44:45,640 Speaker 4: now where are you living, how's your life? What's your 814 00:44:45,640 --> 00:44:49,200 Speaker 4: family situation? I want to hear, well, I'm living. 815 00:44:49,000 --> 00:44:51,800 Speaker 6: In Jersey's City now, although I was living in Manhattan 816 00:44:51,880 --> 00:44:55,960 Speaker 6: until twenty fourteen and working. I was working from the 817 00:44:56,040 --> 00:44:58,040 Speaker 6: day that I got out of prison because I met 818 00:44:58,040 --> 00:45:00,680 Speaker 6: a couple. They gave me a job and I work 819 00:45:00,760 --> 00:45:05,000 Speaker 6: with them for almost eight years until they retired. And 820 00:45:05,040 --> 00:45:08,680 Speaker 6: then now living in Jersey City. My mother has Alzheimer's. 821 00:45:08,760 --> 00:45:11,680 Speaker 6: That's one of the reasons I moved back to Jersey City. 822 00:45:11,400 --> 00:45:12,000 Speaker 7: Which she is. 823 00:45:12,880 --> 00:45:16,920 Speaker 6: I recently purchased a home or it's eleventh graduations. I 824 00:45:16,960 --> 00:45:20,440 Speaker 6: have the first one, and my daughter has a second. 825 00:45:20,600 --> 00:45:23,520 Speaker 6: It's a two family house and she's upstairs with a 826 00:45:23,680 --> 00:45:26,880 Speaker 6: daughter and her granddaughter, my granddaughter, my great granddaughter and 827 00:45:26,920 --> 00:45:29,400 Speaker 6: my daughter, so we all live in together. 828 00:45:29,560 --> 00:45:31,120 Speaker 4: Right, have any boys in your family? 829 00:45:31,840 --> 00:45:32,880 Speaker 7: We do have boys. 830 00:45:33,600 --> 00:45:37,399 Speaker 6: I have brothers, But as far as me, it's four 831 00:45:37,440 --> 00:45:40,640 Speaker 6: generations of females. Well five, you put my mother in there, 832 00:45:40,719 --> 00:45:41,920 Speaker 6: but it's just females. 833 00:45:42,040 --> 00:45:44,879 Speaker 4: You got four generations living under one roof in Jersey City. 834 00:45:44,880 --> 00:45:48,080 Speaker 4: It sounds incredible and isn't that nice though, that now 835 00:45:48,120 --> 00:45:51,279 Speaker 4: you're able to make up for the time that you 836 00:45:51,400 --> 00:45:53,279 Speaker 4: lost with your family. Now you have your whole like 837 00:45:53,800 --> 00:45:56,279 Speaker 4: so many of you all there together. I mean, it 838 00:45:56,360 --> 00:45:57,680 Speaker 4: must be just a joy for you. 839 00:45:58,200 --> 00:46:01,160 Speaker 7: It is. It is wonderful. 840 00:46:01,360 --> 00:46:04,040 Speaker 6: I can see my granddaughter, my great granddaughter at any 841 00:46:04,080 --> 00:46:07,279 Speaker 6: time if I need to go somewhere in My granddaughter 842 00:46:07,360 --> 00:46:10,640 Speaker 6: does have a car. She's working, so she could take 843 00:46:10,719 --> 00:46:13,239 Speaker 6: me and then I get this babysit my granddaughter. 844 00:46:14,160 --> 00:46:18,160 Speaker 4: So that's amazing. Well, listen, I'm happy that things finally 845 00:46:18,200 --> 00:46:20,960 Speaker 4: worked out. I want to apologize to you for what 846 00:46:21,120 --> 00:46:24,399 Speaker 4: the city and the state did to you. There's no 847 00:46:24,440 --> 00:46:28,680 Speaker 4: excuse for it, but I'm glad you're here now. One 848 00:46:28,719 --> 00:46:31,360 Speaker 4: of my favorite parts of the show often is to 849 00:46:32,520 --> 00:46:36,439 Speaker 4: turn the microphone over to our featured guest and see, 850 00:46:36,480 --> 00:46:38,720 Speaker 4: is there anything else you want to share with the audience. 851 00:46:39,719 --> 00:46:42,560 Speaker 6: Well, no, I'm just saying that. Well, during the time 852 00:46:42,560 --> 00:46:45,160 Speaker 6: that I was in there, I mean, I wasn't going 853 00:46:45,239 --> 00:46:46,080 Speaker 6: to let the time do me. 854 00:46:46,239 --> 00:46:47,239 Speaker 7: I was going to do the time. 855 00:46:47,320 --> 00:46:50,360 Speaker 6: So I got myself involved with a lot of different 856 00:46:50,400 --> 00:46:54,239 Speaker 6: activities throughout the prison. I worked hard to stay in 857 00:46:54,280 --> 00:46:56,920 Speaker 6: touch with my family. I would read my granddaughter books 858 00:46:56,960 --> 00:47:01,319 Speaker 6: on you know, on video and send the books. There's 859 00:47:01,360 --> 00:47:03,560 Speaker 6: a lot of programs in there. There's a lot of 860 00:47:03,560 --> 00:47:06,360 Speaker 6: things you could do even though you're fighting your case. 861 00:47:06,440 --> 00:47:11,040 Speaker 6: But do something positive, you know, don't let the negativity 862 00:47:11,320 --> 00:47:11,680 Speaker 6: rule you. 863 00:47:12,800 --> 00:47:15,799 Speaker 4: And Lisa any final thoughts, I would. 864 00:47:15,560 --> 00:47:18,840 Speaker 5: Just say, having known Vanessa now for five or six years, 865 00:47:19,040 --> 00:47:23,200 Speaker 5: she is an exceptional person and the only way I 866 00:47:23,239 --> 00:47:27,120 Speaker 5: think she was able to get through this ordeal was 867 00:47:27,160 --> 00:47:31,319 Speaker 5: her strength of character. She got into prison, and I 868 00:47:31,360 --> 00:47:34,600 Speaker 5: think this woman just put her head down and said, 869 00:47:34,920 --> 00:47:38,560 Speaker 5: I'm going to get through this. And she just was 870 00:47:38,680 --> 00:47:43,640 Speaker 5: forward thinking. She never obsessed about how did this happen? 871 00:47:43,719 --> 00:47:46,279 Speaker 5: How did I get here? It was just one day 872 00:47:46,280 --> 00:47:49,040 Speaker 5: at a time. I've got to get out of here. 873 00:47:49,280 --> 00:47:54,240 Speaker 5: And she mentioned the couple that hired her right after prison. 874 00:47:54,400 --> 00:47:56,920 Speaker 5: I just want to speak to that because I think 875 00:47:56,960 --> 00:48:01,680 Speaker 5: it's so telling about Vanessa. Literally, a wealthy couple was 876 00:48:01,800 --> 00:48:07,560 Speaker 5: volunteering at Bayview, husband and wife. Vanessa was running the 877 00:48:07,640 --> 00:48:11,600 Speaker 5: GED program. She was running this thing, that thing, and 878 00:48:11,680 --> 00:48:15,840 Speaker 5: they elbowed each other and said, why is she here? 879 00:48:16,200 --> 00:48:17,000 Speaker 7: We don't get it. 880 00:48:17,560 --> 00:48:22,680 Speaker 5: She's not like anyone else in here. And they befriended Vanessa, 881 00:48:22,840 --> 00:48:27,759 Speaker 5: and literally one week after she was released, she was 882 00:48:27,800 --> 00:48:31,200 Speaker 5: in a full time job working for them, and she 883 00:48:31,480 --> 00:48:36,239 Speaker 5: was the chief administrator of their very successful company and 884 00:48:36,480 --> 00:48:40,520 Speaker 5: worked for these people for seven years. They trusted her, 885 00:48:40,880 --> 00:48:43,319 Speaker 5: they loved her. They could see what she was capable of. 886 00:48:43,520 --> 00:48:47,440 Speaker 5: And you know, my client is just an extraordinary woman, 887 00:48:47,480 --> 00:48:50,799 Speaker 5: and it's a testament to her character that she was 888 00:48:50,840 --> 00:48:51,759 Speaker 5: able to get through this. 889 00:48:52,320 --> 00:48:56,000 Speaker 4: Well, both of you are extraordinary women. So Vanessa, Lisa, 890 00:48:56,080 --> 00:48:59,480 Speaker 4: thank you so much for coming in and appearing on 891 00:48:59,520 --> 00:49:03,400 Speaker 4: the show. You've been listening to a very special episode 892 00:49:03,560 --> 00:49:07,879 Speaker 4: of Wrongful Conviction with our guests Vanessa Others and Lisa Kaya. 893 00:49:08,160 --> 00:49:18,239 Speaker 8: Thank you for having me, don't forget to give us 894 00:49:18,239 --> 00:49:19,280 Speaker 8: a fantastic review. 895 00:49:19,320 --> 00:49:23,000 Speaker 4: Wherever you get your podcasts, it really helps. And I'm 896 00:49:23,040 --> 00:49:25,680 Speaker 4: a proud donor to the Ennisnce Project and I really 897 00:49:25,719 --> 00:49:28,840 Speaker 4: hope you'll join me in supporting this very important cause 898 00:49:29,000 --> 00:49:33,080 Speaker 4: and helping to prevent future wrongful convictions. Go to innisonceproject 899 00:49:33,120 --> 00:49:35,840 Speaker 4: dot org to learn how to donate and get involved. 900 00:49:36,200 --> 00:49:38,759 Speaker 4: I'd like to thank our production team, Connor Hall and 901 00:49:38,840 --> 00:49:41,560 Speaker 4: Kevin Wartis. The music in the show is by three 902 00:49:41,560 --> 00:49:44,719 Speaker 4: time OSCAR nominated composer Jay Ralph. Be sure to. 903 00:49:44,680 --> 00:49:48,720 Speaker 8: Follow us on Instagram at Wrongful Conviction and on Facebook at. 904 00:49:48,640 --> 00:49:52,440 Speaker 4: Wrongful Conviction Podcast. Wrongful Conviction with Jason Flamm is a 905 00:49:52,480 --> 00:49:56,600 Speaker 4: production of Lava for Good Podcasts and association with Signal Company. 906 00:49:56,680 --> 00:49:57,440 Speaker 8: Number One 907 00:50:00,040 --> 00:50:01,160 Speaker 4: In the Morning, The Boy