WEBVTT - #212 Jason Flom with Curtis Flowers

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<v Speaker 1>Curtis Flowers lived in the small town of Winona, Mississippi,

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<v Speaker 1>and began a job at Tarti Furniture, but while transporting

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<v Speaker 1>some car batteries, two of them fell off his truck,

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<v Speaker 1>and store owner Bertha Tarti said that the damages might

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<v Speaker 1>have to come out of his paycheck. After a full

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<v Speaker 1>day of work, Curtis decided to cut his losses and

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<v Speaker 1>move on. On the morning of July sixteenth, nineteen ninety six,

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<v Speaker 1>the bodies of Bertha Tarti and three employees were found shot.

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<v Speaker 1>One was still alive rushed to the hospital, but later

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<v Speaker 1>pronounced dead. After hearing about the allegedly disgruntled Curtis Flowers,

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<v Speaker 1>police used a toxic mix of a cash reward and

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<v Speaker 1>intimidation to extract witness statements, widely varying in detail. They

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<v Speaker 1>pieced together a ridiculous narrative of Curtis's whereabouts, including a

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<v Speaker 1>dubious story about a gun that his uncle had reported missing.

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<v Speaker 1>With this flimsy motive and even flimsier evidence, along with

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<v Speaker 1>racially discriminatory jury selection, Curtis Flowers was first tried and

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<v Speaker 1>convicted of attorney's murder. While that conviction was being thrown out.

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<v Speaker 1>He was convicted for the murder of one of the

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<v Speaker 1>other employees, and when the second conviction was thrown out,

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<v Speaker 1>they tried him again for all four murders. After six

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<v Speaker 1>trials and a trip to the Supreme Court, this farce

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<v Speaker 1>would finally come to an end when American Public Media

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<v Speaker 1>made a podcast called in the Dark Shining Up Bright

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<v Speaker 1>Light on Curtis's case and the racist district attorney driving it.

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<v Speaker 1>After twenty three long years on death row and another

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<v Speaker 1>trip to the Supreme Court, district Attorney Doug Evans finally

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<v Speaker 1>stepped off the case. Upon review, the Attorney General of

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<v Speaker 1>Mississippi dropped all charges. This is wrongful Conviction with Jason Flamm.

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<v Speaker 1>Welcome back to wrongful Conviction with Jason Flamm. And I'm

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<v Speaker 1>going to throw a few numbers at you before I

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<v Speaker 1>introduce our guests. So Curtis Flowers was wrongfully convicted six times,

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<v Speaker 1>spent twenty three years on death row for four murders

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<v Speaker 1>that he didn't commit. Curtis Flowers, Welcome to wrongful Conviction.

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<v Speaker 1>Good to be here. So let's go back to the beginning.

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<v Speaker 1>You grew up in a small town in Mississippi, right.

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<v Speaker 2>Yes, one only is about eighty four miles north of Jacksonssissippi,

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<v Speaker 2>a small town about the population of five thousand, over

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<v Speaker 2>forty five percent black.

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<v Speaker 1>Did you have a happy childhood? Yes, I did. Brothers, sisters, brothers.

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<v Speaker 2>I have four sisters, one brother. I'm the I guess

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<v Speaker 2>you'd call the middle child.

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<v Speaker 1>So everything was pretty much fine, I guess up until

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<v Speaker 1>would seemed like a very minor incident at a store

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<v Speaker 1>that you only worked at for a few days. I'm

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<v Speaker 1>talking about Tardy Furniture, which should have come and went

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<v Speaker 1>and never been a subject of even one little minor discussion. True. Nonetheless,

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<v Speaker 1>since it was the incident that started this crazy chain

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<v Speaker 1>of events going, can you just tell us what happened

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<v Speaker 1>at Tarti Furniture.

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<v Speaker 2>Well, I went to work at Tarti's one morning and

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<v Speaker 2>she asked me to pull around back so then the

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<v Speaker 2>business next door could load some batteries onto the truck

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<v Speaker 2>and leaving. I pulled off, and two of the batteries

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<v Speaker 2>slid off the truck. I got back to the store,

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<v Speaker 2>I told her about them. She said, we'll take them

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<v Speaker 2>back around there and let me see if they can

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<v Speaker 2>replace them.

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<v Speaker 1>Because if they.

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<v Speaker 2>Can't, then you don't have to pay for them, because

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<v Speaker 2>she should have tied them down. And I said, okay,

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<v Speaker 2>So I took them back. Mister Jimmy Sanders, who worked there,

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<v Speaker 2>told me that we'll work it out. So I went

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<v Speaker 2>back and told her everything was good. You know, she

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<v Speaker 2>sent me home to deliver furniture all day that day,

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<v Speaker 2>you know, by me just starting. You know, she even

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<v Speaker 2>advanced me. I think it was thirty dollars.

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<v Speaker 1>You didn't go back to work at the store after that, No,

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<v Speaker 1>I didn't. It's okay, fine, whatever.

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<v Speaker 2>And later it became a motive, right, like this little

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<v Speaker 2>minor incident was going to cause you to go back

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<v Speaker 2>and shoot four people in the head.

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<v Speaker 1>So now, unbeknownst to you, a terrible, terrible thing happens

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<v Speaker 1>right at Tarti Furnish On the morning of July sixteenth,

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<v Speaker 1>nineteen ninety six. Sam Jones Junior, a retired employee of

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<v Speaker 1>Tarti Furniture Company, reported that the owner of Bertha Tarti,

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<v Speaker 1>who was fifty nine, had called him at nine am,

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<v Speaker 1>asking him to come into the store to train a

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<v Speaker 1>couple of new employees. A guy named Derek Bobo Stewart

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<v Speaker 1>of sixteen and Robert Golden, a forty two yar old man.

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<v Speaker 1>Jones arrived an hour later and found a horror scene.

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<v Speaker 1>He found that Tarti, Stuart, Golden, and another employee named

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<v Speaker 1>Carmen Rigby, a forty five year old woman, had all

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<v Speaker 1>been shot and killed. Well one of them, sixteen year

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<v Speaker 1>old mister Stuart, was the only one still alive, but

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<v Speaker 1>he died in the hospital a few days later, and

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<v Speaker 1>supposedly two hundred and eighty seven dollars was missing from

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<v Speaker 1>the cash reder. So that gives me the chills because

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<v Speaker 1>it's just what's the price of a life? And may

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<v Speaker 1>they rest in peace. So it's just this crazy coincidence.

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<v Speaker 1>The smallest town like that, you know that you happened

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<v Speaker 1>to previously work and even the fact that you worked

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<v Speaker 1>there at one time really shouldn't have set off too

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<v Speaker 1>many alarm bells. Maybe somebody would have quickly looked into

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<v Speaker 1>it and ruled you out exactly, But this wasn't just anybody, right.

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<v Speaker 1>What we're talking about is you ran into the crosshairs

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<v Speaker 1>of District Attorney Doug Evans. Then they covered this in

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<v Speaker 1>this fantastic podcast, which I'm sure some of our listeners

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<v Speaker 1>have heard called in the Dark. Thought it was brilliantly done.

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<v Speaker 1>Let me just say that one of the things that

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<v Speaker 1>jumps out to me from the podcast about Doug Evans

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<v Speaker 1>was that an analysis by APM for the podcast discovered

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<v Speaker 1>that Evans and his assistant DA's over the course of

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<v Speaker 1>twenty six years struck black prospective jurors at nearly four

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<v Speaker 1>and a half times the rate they struck white ones.

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<v Speaker 1>And of course we know that's one of the main

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<v Speaker 1>reasons why your conviction kept getting overturned, because he kept

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<v Speaker 1>excluding black jurors from the jurys, which is of course

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<v Speaker 1>a violation of the fourteenth Amendment. This is a guy

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<v Speaker 1>who was elected again in November twenty nineteen, so he's

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<v Speaker 1>been in there forever still the DA, but numerous civil

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<v Speaker 1>rights lawsuits have been filed against him. But according to

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<v Speaker 1>the Mississippi Bar Association, it's hard to believe he's received

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<v Speaker 1>no public sanction and remains a lawyer in good standing.

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<v Speaker 1>So let's let's go back. Let's go back. Hold on,

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<v Speaker 1>So the crime took place on July sixteenth, nineteen ninety six,

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<v Speaker 1>When did you even hear about it?

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<v Speaker 2>The same day they come by the house, want to

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<v Speaker 2>know if they could talk with me. They say to

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<v Speaker 2>her that I used to work there and maybe I

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<v Speaker 2>could help them. You know, maybe I've seen something and

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<v Speaker 2>don't realize us I saw it, and I said sure.

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<v Speaker 2>I went down with him until you know, every time

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<v Speaker 2>I left. You know what we talked about here today,

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<v Speaker 2>don't don't tell anyone else. And we would just want

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<v Speaker 2>you to know you're not a suspect. We just we

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<v Speaker 2>just thought maybe you could help.

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<v Speaker 1>You know.

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<v Speaker 2>So I said, okay, But everyone on the street was

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<v Speaker 2>telling me that when they talked with him, they said

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<v Speaker 2>I was a suspect.

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<v Speaker 1>They tested your hands for gunshot wresid.

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<v Speaker 2>Testing my hands for gunshot rest to do the morning

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<v Speaker 2>they picked me up, I wanted to question me. They

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<v Speaker 2>wanted to rule me out, so he said, and I agreed,

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<v Speaker 2>and I agreed to a gunshot residue tests and they

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<v Speaker 2>gave it to me. And later they come back and

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<v Speaker 2>said they I think one particle of gunshot residue. You know,

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<v Speaker 2>I don't know anything about residue. But my lawyer argued

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<v Speaker 2>that there are three elements to gunshot residue. You can't

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<v Speaker 2>have one without the other two. And he asked them, well,

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<v Speaker 2>how did miss Flower get to the police station and

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<v Speaker 2>I got down there, would stayed true, he says, in't

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<v Speaker 2>it true? They fired their weapons every morning and miss

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<v Speaker 2>Flowers shook hands with them, so he could have picked

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<v Speaker 2>up that particle just.

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<v Speaker 1>Like that, or could have come from a firework. No,

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<v Speaker 1>And we have a whole episode of our show for

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<v Speaker 1>conviction John Science devoted to a gunshot residue issue out

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<v Speaker 1>There are literally dozens of substances that could, you know,

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<v Speaker 1>sort of fool the test, you know, and that all

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<v Speaker 1>has to be independently corroborated or else it's just junk science.

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<v Speaker 2>Yes, and I even heard that you could get that

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<v Speaker 2>from just just messing with a car battery.

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<v Speaker 1>Car battery, cigarette, ash drive urine.

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<v Speaker 2>Or also giving you a gunshot of rether do tests

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<v Speaker 2>and he don't have one gloves right, and he's handling

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<v Speaker 2>your hands while he's doing it.

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<v Speaker 1>Sure it's transferable. Yeah, So that's the flimsiest of flimsy

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<v Speaker 1>evidence that you could have not evident is the wrong word,

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<v Speaker 1>but they call it evidence. I call it bullshit. Okay,

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<v Speaker 1>So your prints were not found at the crime scene,

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<v Speaker 1>and your clothes they took your clothes, right, clothes went

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<v Speaker 1>to the crime lab and turned up nothing, nothing right,

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<v Speaker 1>So are you a ghost? You don't see what? Not

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<v Speaker 1>a ghost? Okay? So at that point maybe reasonable people

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<v Speaker 1>could agree that they could have started looking for the

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<v Speaker 1>actual perpetrator, but they continued on. Now at the scene,

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<v Speaker 1>three footprints from size ten and a half feel a

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<v Speaker 1>gym shoes were later discovered. And don't even get me

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<v Speaker 1>started on footprint analysis because that's a whole other junk science.

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<v Speaker 1>And there was no paper money, only changing the cashhers again,

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<v Speaker 1>supposedly two hundred eighty seven dollars was missing. At least

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<v Speaker 1>found five shellcasings at the scene, which were from a

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<v Speaker 1>three eighty caliber semi automatic pistol. They also found two

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<v Speaker 1>spent bullets, two bullet fragments, and one live bullet. Now

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<v Speaker 1>have you ever owned a three eighty caliber semi automatic pistol? Okay?

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<v Speaker 1>So now enter Doyle Simpson. Doyle Simpson was your uncle.

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<v Speaker 1>He reported that a pistol of this same type in

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<v Speaker 1>caliber had been stolen from his car in the parking

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<v Speaker 1>lot of the Angelica Garment factory where he worked. So

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<v Speaker 1>he now came under suspicion. On July twenty second, nineteen

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<v Speaker 1>ninety six, Simpson took a polygraph test that revealed deception

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<v Speaker 1>when he said that his gun had been stolen from

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<v Speaker 1>his car and when he said he knew nothing about

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<v Speaker 1>the murders. Again, we know polygraphs are not super accurate,

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<v Speaker 1>but they can give you some indication. But we should

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<v Speaker 1>not take a polygraph as just gospel, because it's not.

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<v Speaker 1>But according to the polygraph and the poligapher, he lied

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<v Speaker 1>about where he got the gun, and police later discovered

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<v Speaker 1>that he called his brother asking him to lie to

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<v Speaker 1>the police as well, telling them that he had sold

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<v Speaker 1>the gun to Simpson, but the brother refused.

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<v Speaker 2>It was later found out that he did a lot

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<v Speaker 2>about his swhere about that morning of those murder dog

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<v Speaker 2>claimed he was at work all morning. His own sister

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<v Speaker 2>said she saw his car we out on eighty two.

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<v Speaker 2>She saw him drive by that morning.

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<v Speaker 1>Well, I can think of a couple of reasons why

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<v Speaker 1>that could be. One would be that he wanted to

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<v Speaker 1>deflect this vision away from him because he was actually guilty.

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<v Speaker 1>Or the other would be that he just was trying

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<v Speaker 1>to like not be any part of this and so

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<v Speaker 1>was making up a story that he was at work

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<v Speaker 1>just to try to throw the police off even looking

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<v Speaker 1>further into him. That was my first thought. So Simpson

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<v Speaker 1>went on to tell the cops that he practiced shooting

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<v Speaker 1>this gun in a rural spot. But a detective went

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<v Speaker 1>to that location and pulled the spent plug from a post,

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<v Speaker 1>and according to firearms expert for the Michigan State Police,

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<v Speaker 1>David Bolish, testified that he determined that the bullet from

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<v Speaker 1>the post actually did have marking similar to the bullets

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<v Speaker 1>recovered from the crime scene. In August of ninety six,

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<v Speaker 1>detectives led by the DA investigator John Johnson questioned mister

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<v Speaker 1>Simpson about their findings, but again he denied his involvement

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<v Speaker 1>and maintained that the gun had been stolen from the

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<v Speaker 1>car that morning. So despite the fact that there are

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<v Speaker 1>like flashing arrows now pointing towards Simpson right, they continued

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<v Speaker 1>to focus on you. And now they discovered a box

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<v Speaker 1>of size ten and a half Feel of shoes at

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<v Speaker 1>your girlfriend, Connie's house.

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<v Speaker 2>I later found out that my girlfriend at the time, Connie,

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<v Speaker 2>had bought her son Marcus, a pair of Feel of

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<v Speaker 2>shoes size ten and a half, And then that's how

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<v Speaker 2>they led up to me wearing a pair of ten

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<v Speaker 2>and a half Fela.

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<v Speaker 1>Do you wear a size ten and a half feel

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<v Speaker 1>a shoe.

0:11:54.800 --> 0:11:56.640
<v Speaker 2>Most shoes, I wear eleven and a half your shoe,

0:11:57.000 --> 0:11:59.079
<v Speaker 2>but in gym shoes, I can't wear eleven.

0:12:00.240 --> 0:12:02.440
<v Speaker 1>Well, anybody who's ever worn a shoe that's a half

0:12:02.440 --> 0:12:04.720
<v Speaker 1>to a full size too small can report that is

0:12:04.760 --> 0:12:09.360
<v Speaker 1>not very uncomfortable. So I think it's unlikely that those

0:12:09.360 --> 0:12:12.599
<v Speaker 1>were your shoes under any circumstances. And I'm going to

0:12:12.640 --> 0:12:15.560
<v Speaker 1>say too that feelers were pretty stylish back in the

0:12:15.760 --> 0:12:20.040
<v Speaker 1>late nineties. They were okay. So most of the people

0:12:20.080 --> 0:12:23.720
<v Speaker 1>who were questioned later on reported, and this will surprise

0:12:23.840 --> 0:12:27.600
<v Speaker 1>exactly no one, they reported that they were afraid of

0:12:27.600 --> 0:12:30.959
<v Speaker 1>being arrested themselves unless they cooperated with the police, and

0:12:31.080 --> 0:12:35.120
<v Speaker 1>some said that rewards of up to thirty thousand dollars

0:12:35.200 --> 0:12:37.960
<v Speaker 1>were dangled in front of them if they agreed to cooperate.

0:12:38.280 --> 0:12:41.080
<v Speaker 1>So they were using the carrot and tostick. So they eventually,

0:12:41.200 --> 0:12:44.400
<v Speaker 1>not surprisingly, got statements from a dozen different witnesses who

0:12:44.400 --> 0:12:48.199
<v Speaker 1>said they saw you in various locations in and around

0:12:48.280 --> 0:12:50.800
<v Speaker 1>why Nona on the morning of the crime. And based

0:12:50.840 --> 0:12:56.760
<v Speaker 1>on these statements, which were almost certainly fabricated and coerced,

0:12:57.080 --> 0:13:00.000
<v Speaker 1>and rewarded. Right when you put the third down dollar

0:13:00.120 --> 0:13:00.720
<v Speaker 1>reward out.

0:13:00.800 --> 0:13:02.840
<v Speaker 2>People that didn't even know me knew me then, and

0:13:02.920 --> 0:13:05.000
<v Speaker 2>everybody saw me here and there. I'd have to be

0:13:05.120 --> 0:13:08.559
<v Speaker 2>superman to be in all those places around the same

0:13:08.600 --> 0:13:12.720
<v Speaker 2>time and dressed differently, right, yes, each witness described me

0:13:12.760 --> 0:13:13.640
<v Speaker 2>wearing something.

0:13:13.360 --> 0:13:17.280
<v Speaker 1>Different, but based on all these crazy statements that they

0:13:17.280 --> 0:13:19.679
<v Speaker 1>had to try to piece together. And I've seen the

0:13:19.720 --> 0:13:22.040
<v Speaker 1>map that shows your movements on that morning, like I

0:13:22.040 --> 0:13:24.079
<v Speaker 1>think I saw it in sixty minutes or something. It's like,

0:13:25.120 --> 0:13:27.920
<v Speaker 1>it's so ridiculous. You were zigzagging all over town, according

0:13:27.920 --> 0:13:31.559
<v Speaker 1>to in all different clothes. So they developed this crazy

0:13:31.600 --> 0:13:34.840
<v Speaker 1>theory that motivated by the anger of this loss of

0:13:34.880 --> 0:13:39.320
<v Speaker 1>this fantastic tardy furniture delivery job that you had, that

0:13:39.480 --> 0:13:44.560
<v Speaker 1>you had walked all over town, stole Simpson's gun, walked home,

0:13:44.920 --> 0:13:48.600
<v Speaker 1>walked back across town, shot it, killed the four victims,

0:13:48.920 --> 0:13:52.360
<v Speaker 1>robbed the cash register, and then just tootled your way

0:13:52.360 --> 0:13:55.200
<v Speaker 1>back home, my way. Not a care, not a cure

0:13:55.240 --> 0:13:57.760
<v Speaker 1>in the world. Right now, we have to fast forward

0:13:57.800 --> 0:14:02.640
<v Speaker 1>all the way. Sid January third teenth, nineteen ninety seven, Plano, Texas.

0:14:02.800 --> 0:14:05.520
<v Speaker 1>So you moved to Plano Texas right yes, with your

0:14:05.520 --> 0:14:09.319
<v Speaker 1>girlfriend MSUs Connie Moore. What happened that the time I.

0:14:09.320 --> 0:14:12.960
<v Speaker 2>Was working from three to eleven and I got up

0:14:12.960 --> 0:14:15.719
<v Speaker 2>to fix myself some lunch. There was a knock at

0:14:15.720 --> 0:14:17.839
<v Speaker 2>the door, and right before I grabbed the door, I

0:14:17.840 --> 0:14:20.120
<v Speaker 2>saw a movement you know, out the pat of your door.

0:14:20.280 --> 0:14:22.600
<v Speaker 2>And you know it's what they call runners, you know

0:14:22.720 --> 0:14:24.720
<v Speaker 2>who just in case you run. You know, they got

0:14:24.760 --> 0:14:27.920
<v Speaker 2>guys set up to chase. So I opened the door

0:14:27.960 --> 0:14:30.080
<v Speaker 2>and he said how are you doing? I said, I'm

0:14:30.120 --> 0:14:30.560
<v Speaker 2>doing okay.

0:14:30.560 --> 0:14:31.120
<v Speaker 1>How are you, sir?

0:14:32.000 --> 0:14:35.800
<v Speaker 2>And he said I'm looking for Curtis Flowers. I said

0:14:35.800 --> 0:14:38.560
<v Speaker 2>that would be me, And before I could say anything else,

0:14:38.600 --> 0:14:39.960
<v Speaker 2>I was all against the wall.

0:14:40.120 --> 0:14:41.680
<v Speaker 1>I'm talking about sheet.

0:14:41.440 --> 0:14:45.480
<v Speaker 2>Rock mood upside my full head being cuffed and I said,

0:14:45.520 --> 0:14:48.320
<v Speaker 2>may I ask why am I being arrested? He said, well,

0:14:48.360 --> 0:14:50.880
<v Speaker 2>we have a warrant for your arrest back in Mississippi

0:14:51.040 --> 0:14:52.840
<v Speaker 2>for four counts of captain murder.

0:15:01.320 --> 0:15:05.640
<v Speaker 1>This episode is underwritten by Paul Weiss, Rifkin, Porton and Garrison,

0:15:05.800 --> 0:15:09.320
<v Speaker 1>a leading international law firm. Paul Weiss has long had

0:15:09.360 --> 0:15:13.640
<v Speaker 1>an unwavering commitment to providing impactful pro bono legal assistance

0:15:13.680 --> 0:15:16.200
<v Speaker 1>to the most vulnerable members of our society and in

0:15:16.240 --> 0:15:20.000
<v Speaker 1>support of the public interest, including extensive work in the

0:15:20.040 --> 0:15:21.200
<v Speaker 1>criminal justice area.

0:15:29.720 --> 0:15:32.120
<v Speaker 2>They took me back to the Mississippi where I was

0:15:32.240 --> 0:15:35.080
<v Speaker 2>put in jail in Lafour County, and that's where I

0:15:35.120 --> 0:15:38.040
<v Speaker 2>sat until I went to trial in October of ninety seven.

0:15:38.560 --> 0:15:41.440
<v Speaker 1>So you get charged with four counts of capital murder.

0:15:41.920 --> 0:15:44.520
<v Speaker 1>Let's go to trial number one. Hard to believe that

0:15:44.560 --> 0:15:47.120
<v Speaker 1>you had six damn trials. I mean, that's not a

0:15:47.160 --> 0:15:49.400
<v Speaker 1>record that I think you ever wanted to hold or set.

0:15:49.440 --> 0:15:52.360
<v Speaker 1>And it was not the winning So the first trial,

0:15:52.400 --> 0:15:55.240
<v Speaker 1>they only tried you for one of the murder's birth Attartey,

0:15:55.320 --> 0:15:57.320
<v Speaker 1>So I know your attorney had tried to combine them

0:15:57.400 --> 0:15:59.960
<v Speaker 1>right into one case, but of course that was denied.

0:16:00.160 --> 0:16:03.040
<v Speaker 1>Everything he tried was denied pretty much. So the trial

0:16:03.160 --> 0:16:07.320
<v Speaker 1>was moved to Lee County and the jury was get

0:16:07.400 --> 0:16:11.320
<v Speaker 1>ready all wait. Now, from what I understand, it was

0:16:11.320 --> 0:16:14.080
<v Speaker 1>moved to Lee County because of extensive media coverage. Is

0:16:14.120 --> 0:16:15.800
<v Speaker 1>that your understanding? That's what I heard.

0:16:15.960 --> 0:16:18.720
<v Speaker 2>And then they claimed that I couldn't get a fair

0:16:18.760 --> 0:16:21.400
<v Speaker 2>trial in my own hometown. Keep in mind, I went

0:16:21.480 --> 0:16:25.760
<v Speaker 2>on it is forty five black What about Lee. I

0:16:25.760 --> 0:16:28.760
<v Speaker 2>don't know the population there, but the blacks that were there,

0:16:29.000 --> 0:16:32.040
<v Speaker 2>they didn't get on the juror. So it's due in

0:16:32.080 --> 0:16:34.680
<v Speaker 2>his trial tactics, you know, right.

0:16:34.560 --> 0:16:37.720
<v Speaker 1>And those are called peremptory challenges, right, which is the

0:16:37.880 --> 0:16:41.760
<v Speaker 1>technical term for defendants or lawyer's objection to a proposed juror,

0:16:41.760 --> 0:16:43.960
<v Speaker 1>which is made without needing to give a reason. But

0:16:44.080 --> 0:16:47.880
<v Speaker 1>it is illegal to exclude jurors because of their race. Yes,

0:16:48.440 --> 0:16:50.960
<v Speaker 1>so they had plenty of black jurors to choose from,

0:16:51.000 --> 0:16:52.960
<v Speaker 1>they just didn't choose to put any of them on

0:16:53.000 --> 0:16:57.760
<v Speaker 1>your jury exactly. So now magically the prosecution had found

0:16:57.840 --> 0:17:00.680
<v Speaker 1>two more witnesses, and we hear this again and again

0:17:00.880 --> 0:17:04.359
<v Speaker 1>right on this show. These are incentivized jail house nitches,

0:17:04.520 --> 0:17:09.000
<v Speaker 1>Frederick Veal and Maurice Hawkins. And they both testified that

0:17:09.400 --> 0:17:12.959
<v Speaker 1>you were their cellmate while you were waiting trial, and

0:17:12.960 --> 0:17:16.560
<v Speaker 1>that you admitted to committing the crime. So jail house nitches,

0:17:16.720 --> 0:17:20.280
<v Speaker 1>they are the most unreliable witnesses of all because they're

0:17:20.320 --> 0:17:23.640
<v Speaker 1>all incentivized, and sometimes they lie about being incentivized while

0:17:23.640 --> 0:17:26.880
<v Speaker 1>they're lying about overhearing these magical confessions. Right. So both

0:17:26.920 --> 0:17:29.840
<v Speaker 1>of these two guys later recanted, We're just going to

0:17:29.880 --> 0:17:31.960
<v Speaker 1>speculate that they may have gotten whatever they were going

0:17:32.040 --> 0:17:34.359
<v Speaker 1>to get, they got reduced senses that got rewarded in

0:17:34.400 --> 0:17:37.560
<v Speaker 1>some way. So now we get to Patricia Hallman, who

0:17:37.640 --> 0:17:40.919
<v Speaker 1>was a neighbor of yours, and she testified that on

0:17:41.040 --> 0:17:43.840
<v Speaker 1>the morning of the crime, around seven thirty am, she

0:17:44.200 --> 0:17:47.199
<v Speaker 1>saw you going into your house in a rage. I

0:17:47.240 --> 0:17:49.600
<v Speaker 1>can just picture her making up this story, okay. And

0:17:49.760 --> 0:17:53.719
<v Speaker 1>other witnesses testified to seeing you at various times that morning,

0:17:53.840 --> 0:17:57.639
<v Speaker 1>including Catherine Snow, who claimed that she saw you leaning

0:17:57.680 --> 0:18:01.800
<v Speaker 1>against the car outside the factory where Simpson worked. Clemmy

0:18:01.920 --> 0:18:04.960
<v Speaker 1>Fleming testified that she got a ride home from Roy

0:18:05.000 --> 0:18:07.280
<v Speaker 1>Harris to go make a payment at Tardy Furniture, but

0:18:07.320 --> 0:18:09.320
<v Speaker 1>she said she didn't go in because she was pregnant

0:18:09.359 --> 0:18:12.000
<v Speaker 1>and feeling sick, so Harris drove her home. Now, why

0:18:12.000 --> 0:18:14.639
<v Speaker 1>does that matter, because she said she saw you running

0:18:14.680 --> 0:18:18.879
<v Speaker 1>away from the store, and Harris said he also saw

0:18:18.920 --> 0:18:22.560
<v Speaker 1>someone running but only thought it was you because Fleming said,

0:18:22.600 --> 0:18:27.440
<v Speaker 1>so this web is getting deep and deeper. So now

0:18:27.480 --> 0:18:30.800
<v Speaker 1>comes Jack Matthews, an investigator for the Mississippi Highway State Patrol,

0:18:30.880 --> 0:18:34.679
<v Speaker 1>who testified that based on a ledger sheet at Tardy Furniture,

0:18:34.720 --> 0:18:37.320
<v Speaker 1>two hundred eighty seven dollars was missing from the cash straw. Now,

0:18:37.440 --> 0:18:39.879
<v Speaker 1>they then came up with a theory, the two hundred

0:18:39.880 --> 0:18:42.280
<v Speaker 1>and fifty five dollars that was found in Connie's home

0:18:42.359 --> 0:18:44.639
<v Speaker 1>your girlfriend was the same money that was missing for

0:18:44.720 --> 0:18:47.640
<v Speaker 1>the furniture store. Amazing, because no one else had two

0:18:47.720 --> 0:18:50.360
<v Speaker 1>hundred dollars in it must have been the same two

0:18:50.400 --> 0:18:50.960
<v Speaker 1>hundred dollars.

0:18:51.000 --> 0:18:53.560
<v Speaker 2>And I thought that was so crazy. Is she not

0:18:53.640 --> 0:18:54.879
<v Speaker 2>allowed to save money?

0:18:55.280 --> 0:18:57.960
<v Speaker 1>I mean, I imagine most people in town had a little

0:18:58.000 --> 0:19:00.240
<v Speaker 1>bit of cash in their house, like they could have said, hey, thing,

0:19:00.440 --> 0:19:02.399
<v Speaker 1>I agree, could have been twenty dollars. Oh, here's the

0:19:02.480 --> 0:19:08.360
<v Speaker 1>twenty from the store. What do you know? Amazing. I'm

0:19:08.359 --> 0:19:10.520
<v Speaker 1>glad you could laugh about it because I'm about to cry.

0:19:10.800 --> 0:19:14.480
<v Speaker 1>A forensic sometimes you have the lad keep him crying, Okay. Well,

0:19:14.600 --> 0:19:18.600
<v Speaker 1>so then there was a forensic analyst who conducted the

0:19:18.640 --> 0:19:23.640
<v Speaker 1>gunshot residue test on your hands, which magically produced one particle,

0:19:23.720 --> 0:19:27.240
<v Speaker 1>who testified that the residue certainly had to be from

0:19:27.240 --> 0:19:30.000
<v Speaker 1>handling a gun and not anything else. So this is

0:19:30.000 --> 0:19:31.919
<v Speaker 1>a guy who didn't know what the fuck he was

0:19:31.960 --> 0:19:35.199
<v Speaker 1>talking about, because we know that that's not true. True.

0:19:35.400 --> 0:19:39.160
<v Speaker 1>Then Ballish testified, remember him from before, one hundred percent

0:19:39.200 --> 0:19:41.280
<v Speaker 1>positive that the bullets recovered from the scene had been

0:19:41.320 --> 0:19:44.000
<v Speaker 1>fired from Simpson's gun. But when testified about the ten

0:19:44.080 --> 0:19:46.600
<v Speaker 1>and a half size feel a box found in her home,

0:19:46.800 --> 0:19:49.240
<v Speaker 1>your girlfriend told the story that you had said right,

0:19:49.560 --> 0:19:52.320
<v Speaker 1>She had purchased for her son in November of ninety five,

0:19:52.480 --> 0:19:54.240
<v Speaker 1>and that her son took them when he moved to

0:19:54.280 --> 0:19:56.320
<v Speaker 1>his father's in ninety six. They could have verified that

0:19:56.359 --> 0:19:59.880
<v Speaker 1>if they cared exactly, you testified that he would start

0:20:00.119 --> 0:20:03.000
<v Speaker 1>working at Tardi or July ninety six. What was your

0:20:03.040 --> 0:20:05.280
<v Speaker 1>testimony with the batteries about, Like I.

0:20:05.240 --> 0:20:07.600
<v Speaker 2>Told them, she sent me around to I think it

0:20:07.640 --> 0:20:11.080
<v Speaker 2>was a tasko at the time who sold her the batteries. Now,

0:20:11.200 --> 0:20:13.439
<v Speaker 2>my job was to just pick the batteries up and

0:20:13.520 --> 0:20:16.840
<v Speaker 2>take them out to the country club, and they were

0:20:16.880 --> 0:20:18.840
<v Speaker 2>going to put them on the golf carts. But you know,

0:20:18.920 --> 0:20:21.920
<v Speaker 2>pulling off from a tasko to the battery slid out.

0:20:22.560 --> 0:20:25.600
<v Speaker 2>He hit the payment and one was leaking the other one.

0:20:26.000 --> 0:20:28.399
<v Speaker 2>There was nothing wrong with the battery other than you know,

0:20:28.440 --> 0:20:31.800
<v Speaker 2>the ages got danged up on the concrete, and she said, well,

0:20:31.880 --> 0:20:34.280
<v Speaker 2>just take them back around there and I'm gonna call

0:20:34.320 --> 0:20:35.840
<v Speaker 2>and see if they give me some type of deal

0:20:35.880 --> 0:20:38.720
<v Speaker 2>on them or replace them. If they can't, then you debt.

0:20:38.720 --> 0:20:40.680
<v Speaker 2>I have to come out of your pain. I said,

0:20:40.680 --> 0:20:42.960
<v Speaker 2>I have no problem with that, because I was you right.

0:20:43.000 --> 0:20:46.159
<v Speaker 2>I spoke to time down no offense. But that's a

0:20:46.200 --> 0:20:49.800
<v Speaker 2>boring ass story. I mean, yes it is.

0:20:50.000 --> 0:20:52.760
<v Speaker 1>And it wasn't the only boring part of your day,

0:20:52.760 --> 0:20:55.160
<v Speaker 1>because on the day of the crime, you also testified

0:20:55.200 --> 0:20:58.480
<v Speaker 1>about getting up at nine cooking a little breakfast yeah,

0:20:58.760 --> 0:21:01.560
<v Speaker 1>hand on a can of short yeah, the sister's house

0:21:01.600 --> 0:21:03.879
<v Speaker 1>to get some bandages, and convenience store to buy some

0:21:03.960 --> 0:21:06.560
<v Speaker 1>beer and chips. It really sounds like a very average,

0:21:06.680 --> 0:21:09.600
<v Speaker 1>average day, average day. And you told them that you

0:21:09.640 --> 0:21:11.960
<v Speaker 1>hadn't committed the crime, they hadn't stolen the gun, and

0:21:12.040 --> 0:21:15.760
<v Speaker 1>that you hadn't been running near the store at ten am. True.

0:21:16.359 --> 0:21:18.840
<v Speaker 1>You also told them, which was again easily verifiable, that

0:21:18.880 --> 0:21:22.080
<v Speaker 1>you wore size eleven Nike shoes, and that you shot

0:21:22.080 --> 0:21:24.520
<v Speaker 1>off fireworks the day before the murders and handled the

0:21:24.600 --> 0:21:27.359
<v Speaker 1>lead car battery. I working on the truck, which you

0:21:27.359 --> 0:21:29.840
<v Speaker 1>know you're not a scientist, but even you could figure

0:21:29.840 --> 0:21:32.800
<v Speaker 1>out that these things could cause this, you know, confusion

0:21:32.840 --> 0:21:34.080
<v Speaker 1>to the testing.

0:21:35.119 --> 0:21:37.080
<v Speaker 2>Well, I later found that out. You know, I'm just

0:21:37.080 --> 0:21:38.520
<v Speaker 2>being honest about what I did.

0:21:39.359 --> 0:21:41.879
<v Speaker 1>And what about alibi witnesses? Do you have any alibi?

0:21:42.000 --> 0:21:44.080
<v Speaker 2>But just at the first trial, only the keys, and

0:21:44.480 --> 0:21:46.640
<v Speaker 2>they brewed that they didn't want to bring the keys

0:21:46.640 --> 0:21:48.440
<v Speaker 2>in it because they were so young, you know, and

0:21:49.119 --> 0:21:52.719
<v Speaker 2>dramatism or anything like that. But there was a few

0:21:52.720 --> 0:21:54.440
<v Speaker 2>people wo knew my where about them. My cousin even

0:21:54.440 --> 0:21:57.040
<v Speaker 2>come by the house and told me what was going on.

0:21:57.080 --> 0:21:59.040
<v Speaker 2>He said, when I first heard it, all I thought

0:21:59.080 --> 0:22:00.960
<v Speaker 2>about was you. I thought you got killed down there,

0:22:01.600 --> 0:22:03.000
<v Speaker 2>so I can't over here to check on you.

0:22:03.600 --> 0:22:08.040
<v Speaker 1>And then the jury deliberated for one whole hour, one

0:22:08.080 --> 0:22:12.440
<v Speaker 1>whole hour, one hour. I can't imagine what that conversation

0:22:12.640 --> 0:22:15.920
<v Speaker 1>was like. The all white jury convicted you in an hour,

0:22:16.160 --> 0:22:18.440
<v Speaker 1>and later that day they went ahead and imposed the

0:22:18.520 --> 0:22:19.520
<v Speaker 1>death penalty.

0:22:20.080 --> 0:22:24.159
<v Speaker 2>Oh man, my word was turned upside down. Put it

0:22:24.200 --> 0:22:30.200
<v Speaker 2>in this whole and parchment is I cannot describe portion

0:22:30.400 --> 0:22:37.400
<v Speaker 2>to you. If you didn't have someone on the outside

0:22:37.960 --> 0:22:41.880
<v Speaker 2>who love and support you, it was hard to maintain

0:22:41.960 --> 0:22:44.639
<v Speaker 2>in there. Them guys just taking sheets and taking their

0:22:44.680 --> 0:22:48.879
<v Speaker 2>own live and I've experienced that a lot while I

0:22:48.920 --> 0:22:51.879
<v Speaker 2>was there. It's a bad place.

0:23:12.560 --> 0:23:15.040
<v Speaker 1>So between Trot one and two the jail house niche

0:23:15.240 --> 0:23:18.280
<v Speaker 1>mister Veale recanted his testimony, saying that he had been

0:23:18.320 --> 0:23:21.560
<v Speaker 1>coerced by the prosecution and promised a piece of the reward.

0:23:21.680 --> 0:23:25.399
<v Speaker 1>But Hawkins stood by his testimony. But when your attorney

0:23:25.960 --> 0:23:28.760
<v Speaker 1>confronted him with the transcript of an interview he had

0:23:28.800 --> 0:23:32.600
<v Speaker 1>done during which he never talked about you. In the transcript,

0:23:33.000 --> 0:23:37.080
<v Speaker 1>he said that he testified quote to protect myself from

0:23:37.119 --> 0:23:40.399
<v Speaker 1>doing time and getting killed end quote. In exchange for

0:23:40.440 --> 0:23:44.640
<v Speaker 1>his testimony, very important, Hawkins's cocaine charge was dropped and

0:23:44.760 --> 0:23:48.600
<v Speaker 1>he got house arrests for burglary. I guess that mister

0:23:48.640 --> 0:23:51.800
<v Speaker 1>Hawkins was a black man. Did they typically give black

0:23:51.840 --> 0:23:55.119
<v Speaker 1>men house arrest for burglary in Mississippi? No, I need

0:23:55.160 --> 0:23:57.639
<v Speaker 1>to answer that question. I just wanted to hear you

0:23:57.680 --> 0:24:02.119
<v Speaker 1>say it, okay. So while the first conviction was being appealed,

0:24:02.480 --> 0:24:06.000
<v Speaker 1>a second trial occurred and it was moved to Harrison County,

0:24:06.080 --> 0:24:08.480
<v Speaker 1>and this second trial was for the murder of Derek

0:24:08.560 --> 0:24:12.560
<v Speaker 1>Bobo Stewart. This time the jury was made up of

0:24:12.640 --> 0:24:16.159
<v Speaker 1>eleven white jurors and one black juror, so they managed

0:24:16.200 --> 0:24:18.879
<v Speaker 1>to get one on there this time, but that didn't

0:24:18.920 --> 0:24:22.920
<v Speaker 1>help either. But in this trial, Roy Harris, the guy

0:24:22.960 --> 0:24:26.960
<v Speaker 1>who allegedly took Connie Fleming, remember her by the Tarti's

0:24:26.960 --> 0:24:30.560
<v Speaker 1>Furniture store. Yes, he testified again, but this time he

0:24:30.640 --> 0:24:32.840
<v Speaker 1>said that he saw a man running in downtown Winona

0:24:32.840 --> 0:24:35.280
<v Speaker 1>at nine am instead of ten am, and it Miss

0:24:35.359 --> 0:24:38.240
<v Speaker 1>Fleming was not with him, which was a totally different

0:24:38.320 --> 0:24:41.240
<v Speaker 1>story than he had told the first time. Well, so

0:24:41.320 --> 0:24:43.320
<v Speaker 1>he was trying to have in trouble remembering his own lie,

0:24:43.359 --> 0:24:45.639
<v Speaker 1>so he said that an hour later. It is hard

0:24:45.640 --> 0:24:49.960
<v Speaker 1>when you lie to remember them sometimes, so he said

0:24:50.000 --> 0:24:52.600
<v Speaker 1>that an hour later, around ten, Fleming had asked him

0:24:52.640 --> 0:24:54.920
<v Speaker 1>to take her to Tardi Furniture, but she changed her mind.

0:24:54.960 --> 0:24:58.159
<v Speaker 1>They turned around before even arriving, another change, so nothing

0:24:58.200 --> 0:25:01.960
<v Speaker 1>was consistent. So Cleming flemings is cousins Latarsha Blissett and

0:25:01.960 --> 0:25:05.040
<v Speaker 1>Stacy Wright both testified that Fleming admitted to them that

0:25:05.119 --> 0:25:08.560
<v Speaker 1>she had not seen you running from the store. Fleming's

0:25:08.600 --> 0:25:12.399
<v Speaker 1>sister Mary Ella also testified, saying that Fleming came to

0:25:12.480 --> 0:25:14.240
<v Speaker 1>her house on the morning of the murders, and a

0:25:14.280 --> 0:25:16.840
<v Speaker 1>friend stopped over to tell them that Bertha Tarti had

0:25:16.880 --> 0:25:19.840
<v Speaker 1>been killed. Mary Ella testified that she and Fleming went

0:25:19.880 --> 0:25:22.840
<v Speaker 1>to Tardi Furniture, but that Fleming never mentioned seeing you

0:25:22.880 --> 0:25:27.000
<v Speaker 1>that morning. There's so many holes in this like Swiss cheese.

0:25:27.240 --> 0:25:30.800
<v Speaker 1>A few pieces defense also called your defense called O'Dell

0:25:30.880 --> 0:25:33.200
<v Speaker 1>Homman Junior, who was the brother of Patricia Hammond who

0:25:33.240 --> 0:25:36.359
<v Speaker 1>testified in the first trial, and Odell mister Holman Junior,

0:25:36.520 --> 0:25:39.640
<v Speaker 1>who was imprisoned on a provation violation for aggravated assault,

0:25:39.720 --> 0:25:43.560
<v Speaker 1>testified that Patricia was lying, doing so at his suggestion

0:25:43.720 --> 0:25:45.639
<v Speaker 1>in an attempt to cash in on the reward. The

0:25:45.800 --> 0:25:49.760
<v Speaker 1>pieces are just falling off this puzzle, you know they are. Nonetheless,

0:25:50.640 --> 0:25:53.760
<v Speaker 1>you were convicted again on March thirtieth, nineteen ninety nine,

0:25:53.800 --> 0:25:56.919
<v Speaker 1>convicted of capital murder and got death penalty again. So

0:25:57.680 --> 0:26:00.640
<v Speaker 1>now we get to the reversals. In December of two thousand,

0:26:00.880 --> 0:26:05.280
<v Speaker 1>the Mississippi Supreme Court reversed your first conviction in ordered

0:26:05.280 --> 0:26:07.600
<v Speaker 1>a new trial. Now, no mention was made of the

0:26:07.680 --> 0:26:11.680
<v Speaker 1>racially biased jury selection, which is odd, but they did

0:26:11.720 --> 0:26:15.520
<v Speaker 1>hold that your trial was unfair because the prosecution presented

0:26:15.560 --> 0:26:18.320
<v Speaker 1>evidence of all four murders when you were only being

0:26:18.320 --> 0:26:21.240
<v Speaker 1>tried for the murder of Miss Tardy. This led to

0:26:21.320 --> 0:26:25.840
<v Speaker 1>the jury's exposure to inflammatory and prejudicial evidence. Sure, they

0:26:25.840 --> 0:26:28.879
<v Speaker 1>thought you were like a mass killer, right, they were

0:26:28.880 --> 0:26:31.960
<v Speaker 1>probably scared to you. The court also noted that Evans's

0:26:32.040 --> 0:26:35.520
<v Speaker 1>cross examination included questions that had no basis in fact

0:26:35.520 --> 0:26:38.960
<v Speaker 1>and that were in poor faith. Evans also presented information

0:26:39.119 --> 0:26:42.200
<v Speaker 1>that was never in evidence. Now for the Mississippi Supreme

0:26:42.240 --> 0:26:45.280
<v Speaker 1>Court to say, it's pretty strong. So in April two

0:26:45.280 --> 0:26:49.040
<v Speaker 1>thousand and three, now, the Mississippi Supreme Court also reversed

0:26:49.040 --> 0:26:52.040
<v Speaker 1>your conviction for mister Stewart's murder. The court found the

0:26:52.080 --> 0:26:54.320
<v Speaker 1>same issues in the first trial, naturally because it was

0:26:54.359 --> 0:26:57.080
<v Speaker 1>the same prosecutor. They're in the same dirty tricks, emphasizing

0:26:57.119 --> 0:26:59.159
<v Speaker 1>that your right to a fair trial was impossible due

0:26:59.160 --> 0:27:01.879
<v Speaker 1>to the prosecution including evidence from the other murders. But

0:27:01.960 --> 0:27:04.640
<v Speaker 1>still they didn't mention the racially biased jury selection, which

0:27:04.640 --> 0:27:06.600
<v Speaker 1>would seem to be the most obvious thing of all.

0:27:07.240 --> 0:27:09.080
<v Speaker 1>But at least they got it right for the Well,

0:27:09.280 --> 0:27:11.000
<v Speaker 1>they didn't get all the reasons, but they got it

0:27:11.080 --> 0:27:12.960
<v Speaker 1>right for one of the reasons or two of the reason,

0:27:13.000 --> 0:27:17.119
<v Speaker 1>whatever it is. But due to these two reversals, the

0:27:17.160 --> 0:27:19.880
<v Speaker 1>prosecution now decided they would do what your defense larder

0:27:19.920 --> 0:27:21.560
<v Speaker 1>to ask for all his years ago, which was to

0:27:21.600 --> 0:27:24.520
<v Speaker 1>consolidate the four cases. So trial three February two thousand

0:27:24.560 --> 0:27:26.760
<v Speaker 1>and four. Now you're being tried for all four murders.

0:27:26.840 --> 0:27:31.080
<v Speaker 1>This trial was held, was held. This was held in

0:27:31.119 --> 0:27:33.320
<v Speaker 1>Montgomery County. Now why is it? Why are we laughing?

0:27:33.400 --> 0:27:36.080
<v Speaker 2>Because that's when it started. They moved it out of

0:27:36.160 --> 0:27:39.159
<v Speaker 2>one owner and it brought it back to one on them.

0:27:39.200 --> 0:27:40.800
<v Speaker 2>So now all of a sudden, it's okay to try

0:27:40.840 --> 0:27:42.200
<v Speaker 2>you back? And why knowing okay?

0:27:42.400 --> 0:27:47.320
<v Speaker 1>During jury selection, the prosecution used seven of their challenges

0:27:47.359 --> 0:27:50.480
<v Speaker 1>to get rid of black jurors. The defense objected correctly,

0:27:50.640 --> 0:27:54.160
<v Speaker 1>contending that it was racially motivated, could have been a coincidence,

0:27:54.200 --> 0:27:58.440
<v Speaker 1>but sure liked. The prosecution then used its remaining five

0:27:58.680 --> 0:28:02.520
<v Speaker 1>run three challenges black people as well. The jury was

0:28:02.600 --> 0:28:07.080
<v Speaker 1>ultimately composed, you guessed it, eleven white jurors and one

0:28:07.119 --> 0:28:11.320
<v Speaker 1>black juror. Yes, And the one black person that managed

0:28:11.359 --> 0:28:15.440
<v Speaker 1>to get on this jury was only selected because again,

0:28:15.520 --> 0:28:17.879
<v Speaker 1>I don't want to insult anybody's intelligence, because you're going

0:28:17.920 --> 0:28:20.119
<v Speaker 1>to know this before I say it, But it's because

0:28:20.160 --> 0:28:23.720
<v Speaker 1>they ran out of parentory challenges. The prosecution couldn't get

0:28:23.800 --> 0:28:27.879
<v Speaker 1>rid of the last black person, so that person was

0:28:28.000 --> 0:28:31.800
<v Speaker 1>put on the jury, and the court ruled that this

0:28:32.160 --> 0:28:34.840
<v Speaker 1>was not racially discriminatory, that they just happened to use

0:28:34.840 --> 0:28:36.920
<v Speaker 1>all twelve of their challenges to get rid of black people.

0:28:37.920 --> 0:28:43.040
<v Speaker 1>Crazy coincidence, though, say, and this trial was similar to

0:28:43.080 --> 0:28:46.360
<v Speaker 1>the first two, but this time mister Hammond Junior, remember

0:28:46.400 --> 0:28:49.400
<v Speaker 1>Odell Hollmon Junior, testified for the prosecution. He said that

0:28:49.440 --> 0:28:51.680
<v Speaker 1>while he was in prison, you confessed to him that

0:28:51.720 --> 0:28:55.160
<v Speaker 1>you committed the murders. And it wasn't until much later

0:28:55.240 --> 0:28:59.200
<v Speaker 1>that we found out what his little deal was. Right, Yes,

0:28:59.400 --> 0:29:03.280
<v Speaker 1>and it's crazy, right because everybody that watches TV knows

0:29:03.440 --> 0:29:06.000
<v Speaker 1>you can't bribe a witness, right you go to jail

0:29:06.040 --> 0:29:08.200
<v Speaker 1>for that shit you do. But they don't. They can

0:29:08.280 --> 0:29:11.000
<v Speaker 1>drive all the witnesses they want, all they want, and

0:29:11.040 --> 0:29:13.480
<v Speaker 1>they got better bribes than anybody the outside could possibly have.

0:29:13.480 --> 0:29:14.800
<v Speaker 1>I don't care if you go to somebody who say

0:29:14.840 --> 0:29:17.160
<v Speaker 1>I give you a million knowledge, testify the way I

0:29:17.160 --> 0:29:19.360
<v Speaker 1>want you to, they can say I'll let you out

0:29:19.360 --> 0:29:23.280
<v Speaker 1>of prison. Exactly in his case. That's what happened. Oh boy. Okay,

0:29:23.480 --> 0:29:27.560
<v Speaker 1>So February two thousand and four, the jury convicted you

0:29:27.640 --> 0:29:30.280
<v Speaker 1>of all four council capital murder and your sentenced to

0:29:30.320 --> 0:29:32.920
<v Speaker 1>death again. Harder believe you're sitting here as many times

0:29:32.920 --> 0:29:35.640
<v Speaker 1>you even sends to death here. You strike me as

0:29:35.640 --> 0:29:41.120
<v Speaker 1>easy to love and hard to kill. But that's just me, okay. Anyway,

0:29:41.880 --> 0:29:45.280
<v Speaker 1>Three years later, on February first, two thousand and seven,

0:29:45.360 --> 0:29:48.840
<v Speaker 1>here goes again. The Mississippi Supreme Court reversed the convictions

0:29:48.880 --> 0:29:51.320
<v Speaker 1>again and order the new trial. The court found that

0:29:51.440 --> 0:29:54.920
<v Speaker 1>prosecution was racially discriminatory in jury selection, this time, noting

0:29:54.960 --> 0:29:57.800
<v Speaker 1>that the case was and I quote, as strong as

0:29:57.800 --> 0:30:00.400
<v Speaker 1>a prima facie case of racial discriminated as we have

0:30:00.480 --> 0:30:05.080
<v Speaker 1>ever seen. That's powerful in Mississippi or anywhere. But that's crazy.

0:30:05.160 --> 0:30:08.240
<v Speaker 1>So okay, now they try you again. Call me kookie,

0:30:08.280 --> 0:30:10.440
<v Speaker 1>But I don't think the same prosecutor should be allowed

0:30:10.480 --> 0:30:12.560
<v Speaker 1>to just keep trying the same personal true again. I

0:30:12.560 --> 0:30:14.040
<v Speaker 1>think that might be some way you want to take

0:30:14.040 --> 0:30:16.920
<v Speaker 1>a look at. But age this time, the jury consisted

0:30:16.960 --> 0:30:18.880
<v Speaker 1>of seven white and five black jurors.

0:30:18.960 --> 0:30:19.920
<v Speaker 2>They gave me a little hope.

0:30:19.960 --> 0:30:22.640
<v Speaker 1>Now, December fifth, two thousand and seven, a mistrial was

0:30:22.680 --> 0:30:25.520
<v Speaker 1>declared as the jury could not reach a verdict and

0:30:25.960 --> 0:30:30.520
<v Speaker 1>get ready for another shocker surprise ending seven white members

0:30:30.520 --> 0:30:32.920
<v Speaker 1>of the jury voted to convict and the five black

0:30:33.000 --> 0:30:35.600
<v Speaker 1>members voted to a quit. I don't even have the

0:30:35.640 --> 0:30:37.720
<v Speaker 1>right words for that. So here comes trial number five

0:30:38.360 --> 0:30:41.280
<v Speaker 1>September two thousand and eight. This time the jury was

0:30:41.320 --> 0:30:45.600
<v Speaker 1>made up of nine white and three black members. The

0:30:45.720 --> 0:30:49.160
<v Speaker 1>jury ended up in another mistrial, this time voting eleven

0:30:49.200 --> 0:30:52.040
<v Speaker 1>to one to convict. The one dissenting person was a

0:30:52.040 --> 0:30:54.960
<v Speaker 1>black person. And comes trial number six in summer of

0:30:54.960 --> 0:30:58.520
<v Speaker 1>twenty ten, and this time the jury was composed of

0:30:58.560 --> 0:31:02.400
<v Speaker 1>eleven white and one black member, and they found you

0:31:02.440 --> 0:31:06.240
<v Speaker 1>guilty on all four counts of capital murder again on

0:31:06.320 --> 0:31:10.200
<v Speaker 1>June eighteenth to twenty ten, and sentenced you to death again.

0:31:10.880 --> 0:31:16.120
<v Speaker 1>And now we get to the post post post post post.

0:31:16.760 --> 0:31:18.480
<v Speaker 1>It took me a long time just to say everything.

0:31:18.560 --> 0:31:21.920
<v Speaker 1>You had to live its conviction litigation. So you were

0:31:21.960 --> 0:31:26.120
<v Speaker 1>represented now by ker Weeble and Jerry Lynn Johnson from

0:31:26.120 --> 0:31:28.720
<v Speaker 1>the Cornell Law School Death Penalty Clinic, and they appealed

0:31:28.720 --> 0:31:33.240
<v Speaker 1>your conviction. In twenty fourteen, the Mississippi Supreme Court upheld

0:31:33.320 --> 0:31:37.120
<v Speaker 1>the convictions and death sentences it The team sought review

0:31:37.320 --> 0:31:41.920
<v Speaker 1>in the US Supreme Court, and in twenty sixteen, they

0:31:42.160 --> 0:31:46.280
<v Speaker 1>ordered the Mississippi Supreme Court to review the possibly racially

0:31:46.320 --> 0:31:51.280
<v Speaker 1>discriminatory jury selection. In November twenty seventeen, it was ruled

0:31:51.320 --> 0:31:53.040
<v Speaker 1>I'm getting the chills again. It was ruled by a

0:31:53.080 --> 0:31:58.600
<v Speaker 1>five to four vote that there was no discrimination. True,

0:32:00.600 --> 0:32:03.080
<v Speaker 1>the most polite way I can think of to say,

0:32:03.120 --> 0:32:09.680
<v Speaker 1>this is, what the fuck are they talking about? Well,

0:32:10.400 --> 0:32:12.040
<v Speaker 1>I think I did say it that way. You would

0:32:12.040 --> 0:32:15.880
<v Speaker 1>out for hear that, you know, sayd it really is.

0:32:17.280 --> 0:32:20.960
<v Speaker 1>But your team appealed to the US Supreme Court again,

0:32:21.360 --> 0:32:25.920
<v Speaker 1>and this is when American Public Media APM started their investigation.

0:32:26.080 --> 0:32:28.840
<v Speaker 1>And they did as we talked about the podcast in

0:32:28.880 --> 0:32:33.880
<v Speaker 1>the Dark, And this podcast began in May twenty eighteen,

0:32:34.440 --> 0:32:36.880
<v Speaker 1>and it was a big hit, a big, big hit,

0:32:36.960 --> 0:32:42.400
<v Speaker 1>big hit, and the things they uncovered are shocking. Fleming

0:32:42.440 --> 0:32:45.080
<v Speaker 1>now said her testimonies and all of the trial were liies.

0:32:45.280 --> 0:32:48.200
<v Speaker 1>She confessed that quote the whole this is her quote.

0:32:48.240 --> 0:32:50.760
<v Speaker 1>The whole time I've been telling them, I don't remember

0:32:50.840 --> 0:32:52.520
<v Speaker 1>the day. The whole time I've been telling them. I

0:32:52.520 --> 0:32:54.960
<v Speaker 1>don't remember the day. I've been confused of the day

0:32:55.000 --> 0:32:57.520
<v Speaker 1>from the beginning. I just didn't know how to say it.

0:32:57.560 --> 0:33:03.959
<v Speaker 1>I was scared I was going to jail. Wow okay.

0:33:04.920 --> 0:33:08.720
<v Speaker 1>Odell Hallman also recanting, saying that everything was all make

0:33:08.800 --> 0:33:11.360
<v Speaker 1>believe on his part, and he also said that Evans

0:33:11.440 --> 0:33:15.040
<v Speaker 1>dropped the drug charges penning against him and offered him

0:33:15.360 --> 0:33:18.080
<v Speaker 1>other legal assistants. Roy Harris, who was the friend and

0:33:18.160 --> 0:33:22.320
<v Speaker 1>driver of Clemmy Fleming, told the podcast that police had

0:33:22.320 --> 0:33:25.560
<v Speaker 1>showed him a photo of you, and Harris said that

0:33:25.600 --> 0:33:29.680
<v Speaker 1>the man he saw running away was not you exactly,

0:33:30.280 --> 0:33:33.160
<v Speaker 1>and eventually he thought he was going to get arrested

0:33:33.200 --> 0:33:34.960
<v Speaker 1>if he didn't say it was you, so he did.

0:33:35.520 --> 0:33:39.160
<v Speaker 1>Edward McChristian also recanted his testimony that he was sitting

0:33:39.160 --> 0:33:41.440
<v Speaker 1>on the porch at seven thirty eight am when you

0:33:41.600 --> 0:33:45.520
<v Speaker 1>supposedly allegedly walked past his house from dear uncle Doyle

0:33:45.800 --> 0:33:50.200
<v Speaker 1>Simpson's workplace, the garment factory, where the testimony had tied

0:33:50.240 --> 0:33:53.880
<v Speaker 1>you to the alleged stolen gun. So all those lies

0:33:53.880 --> 0:33:58.040
<v Speaker 1>are now unraveling. So in June twenty nineteen, the US

0:33:58.120 --> 0:34:02.120
<v Speaker 1>Supreme Court reversed your convictions and death SeNSS by a

0:34:02.200 --> 0:34:06.160
<v Speaker 1>vote of seven to two, seven to two. That's amazing.

0:34:06.200 --> 0:34:09.920
<v Speaker 1>It ruled that the prosecution had engaged in racially discriminatory

0:34:10.000 --> 0:34:14.120
<v Speaker 1>jury selection because they had struck forty one of the

0:34:14.160 --> 0:34:17.800
<v Speaker 1>forty two black prospective jurors in the sixth trials combined.

0:34:18.960 --> 0:34:21.319
<v Speaker 1>So Sherry Lynn Johnson had made the argument that led

0:34:21.360 --> 0:34:24.160
<v Speaker 1>to the US Supreme Court decision to reverse. She argued

0:34:24.239 --> 0:34:26.520
<v Speaker 1>that your case should be dismissed and not brought to

0:34:26.560 --> 0:34:29.920
<v Speaker 1>a seventh trial. Should be obvious to anybody as you

0:34:29.920 --> 0:34:33.640
<v Speaker 1>had already spent over twenty years now on death row,

0:34:34.480 --> 0:34:37.640
<v Speaker 1>and that the evidence against you was basically advantished. It

0:34:37.640 --> 0:34:40.840
<v Speaker 1>was non existent. It never had existed. But that is

0:34:41.080 --> 0:34:43.839
<v Speaker 1>just proven that it had never existed. The Washington DC

0:34:43.960 --> 0:34:46.320
<v Speaker 1>law firm of Hogan Lovel's, as well as the friend

0:34:46.360 --> 0:34:49.080
<v Speaker 1>of the show, the director of the Mississippi Innocence Project,

0:34:49.160 --> 0:34:53.320
<v Speaker 1>Tucker Carrington, the Mississippi Office of Post Conviction Council got involved,

0:34:53.320 --> 0:34:55.640
<v Speaker 1>as well as attorney's Rob McDuff we know him, and

0:34:55.880 --> 0:34:59.880
<v Speaker 1>Henderson Hill. They all began preparing for a possible retroal.

0:35:00.000 --> 0:35:04.360
<v Speaker 1>Now you had the Dream Team training team Avengers. Yes,

0:35:04.600 --> 0:35:08.200
<v Speaker 1>and on December sixteenth, twenty nineteen, you were finally released

0:35:08.200 --> 0:35:12.000
<v Speaker 1>the home confinement to wait for your seventh trial. This

0:35:12.080 --> 0:35:15.359
<v Speaker 1>had been almost twenty three years in prison, right right

0:35:15.400 --> 0:35:17.399
<v Speaker 1>in twenty three. What do you remember about that day?

0:35:17.680 --> 0:35:20.040
<v Speaker 2>I was nervous, you know, you know, I'd have been

0:35:20.040 --> 0:35:22.440
<v Speaker 2>so close to home out of all the years and

0:35:22.560 --> 0:35:25.120
<v Speaker 2>never made it, you know. And at that time, I

0:35:25.239 --> 0:35:28.200
<v Speaker 2>was like, I don't see him giving me bail by

0:35:28.320 --> 0:35:31.040
<v Speaker 2>letting me go home, you know, until they decide what

0:35:31.040 --> 0:35:32.480
<v Speaker 2>they want to do, whether they want to have a

0:35:32.520 --> 0:35:36.600
<v Speaker 2>seventh trial or not. But we got in the courtroom,

0:35:36.719 --> 0:35:38.759
<v Speaker 2>you know, and Doug Gibson didn't even show up that day.

0:35:38.760 --> 0:35:42.879
<v Speaker 2>He sent his assistant judge Lober talking, and he got

0:35:42.920 --> 0:35:46.560
<v Speaker 2>started in about Doug the DA not showing up. You know,

0:35:46.560 --> 0:35:49.400
<v Speaker 2>I would expect him to be here, you know. And

0:35:49.400 --> 0:35:52.520
<v Speaker 2>and the more he talked, the better I felt. The

0:35:52.520 --> 0:35:56.160
<v Speaker 2>more he talked about Doug. And then he said, you know,

0:35:56.239 --> 0:35:58.839
<v Speaker 2>at this time, you know, I am going to grant Ball.

0:35:59.200 --> 0:36:01.200
<v Speaker 1>Where'd you're going? Tex? Back to the plane on plane on

0:36:01.960 --> 0:36:04.759
<v Speaker 1>to your sisters. Yes, what was your first meal when

0:36:04.760 --> 0:36:06.080
<v Speaker 1>you got out? Oh? Man?

0:36:06.160 --> 0:36:10.640
<v Speaker 2>So I had fried fish, catfish, hush puppet French fried

0:36:11.200 --> 0:36:14.680
<v Speaker 2>cold saw and he was a funny thing too, because

0:36:15.280 --> 0:36:17.360
<v Speaker 2>we were in the restroom, me and my brother in law.

0:36:17.920 --> 0:36:20.520
<v Speaker 2>It has been like seven to eight other guys. So

0:36:20.560 --> 0:36:23.640
<v Speaker 2>I'm standing at the urinal and you know, related myself.

0:36:23.760 --> 0:36:28.040
<v Speaker 2>So I get through, I'm looking for the handle, and

0:36:28.080 --> 0:36:30.279
<v Speaker 2>everybody was saying, just just walk away. I said, no,

0:36:30.360 --> 0:36:32.600
<v Speaker 2>that's rude. You don't leak in a urinar and just

0:36:32.640 --> 0:36:34.680
<v Speaker 2>walk away. I said, leat it on that start smelling,

0:36:34.719 --> 0:36:36.960
<v Speaker 2>you know, everybody, hey, just walk away.

0:36:37.040 --> 0:36:37.719
<v Speaker 1>I stepped back.

0:36:37.760 --> 0:36:40.840
<v Speaker 2>He flushed itself and I had to walk back up

0:36:40.880 --> 0:36:42.719
<v Speaker 2>to it and look at it, you know. And one

0:36:42.800 --> 0:36:44.799
<v Speaker 2>of the guys in there, the white guy, he said,

0:36:44.880 --> 0:36:46.759
<v Speaker 2>I don't know where you being, but you've been going

0:36:46.840 --> 0:36:50.799
<v Speaker 2>for a long time. I said, yes, I have, and

0:36:51.440 --> 0:36:54.399
<v Speaker 2>I'm washing my hand. And as my brother in law

0:36:54.480 --> 0:36:57.680
<v Speaker 2>walked back through the restaurant drive my hands and everything,

0:36:57.680 --> 0:37:00.680
<v Speaker 2>people were just stopping me. It's gonna be okay. And

0:37:00.840 --> 0:37:02.640
<v Speaker 2>I guess they went back got and told their wives

0:37:02.680 --> 0:37:05.319
<v Speaker 2>and everything about what happened in the bathroom, you know,

0:37:05.800 --> 0:37:08.879
<v Speaker 2>and people were just telling me it's gonna be okay. Yes,

0:37:09.040 --> 0:37:13.000
<v Speaker 2>I mean, it was funny and emotion at the same time.

0:37:13.280 --> 0:37:17.520
<v Speaker 1>On December sixteenth, twenty nineteen, you were released to home

0:37:17.560 --> 0:37:21.120
<v Speaker 1>confinement waiting for the seventh trial, like we talked about.

0:37:21.600 --> 0:37:26.840
<v Speaker 1>And then in January twenty twenty, Evans stepped off the

0:37:26.920 --> 0:37:30.040
<v Speaker 1>case and the Attorney General's office began reviewing it. So

0:37:31.000 --> 0:37:34.920
<v Speaker 1>and sure enough, on September fourth, twenty twenty, Mississippi Attorney

0:37:35.000 --> 0:37:37.759
<v Speaker 1>General Lynn Fitch announced that the charges were going to

0:37:37.840 --> 0:37:40.560
<v Speaker 1>be dismissed, and you stated, I'm now I'm going to

0:37:40.680 --> 0:37:42.359
<v Speaker 1>quote you, even though you're sitting right here in front

0:37:42.400 --> 0:37:45.880
<v Speaker 1>of me. Today, I am finally free from the injustice

0:37:45.880 --> 0:37:49.680
<v Speaker 1>that left me locked in a box for twenty three years.

0:37:50.600 --> 0:37:53.680
<v Speaker 2>I felt like doing flips, and you know, big guy

0:37:53.760 --> 0:37:58.400
<v Speaker 2>like me shouldn't be doing flips. But it happened, as

0:37:58.440 --> 0:38:03.319
<v Speaker 2>I can't even describe here. George Loeper say, you know

0:38:04.719 --> 0:38:09.279
<v Speaker 2>I dismissed this case with prejudice. Yes, and you know,

0:38:09.440 --> 0:38:11.360
<v Speaker 2>and at the time the words didn't even wring on me.

0:38:11.480 --> 0:38:15.000
<v Speaker 2>And someone told me, he said, when he said with prejudice,

0:38:15.360 --> 0:38:18.160
<v Speaker 2>that means that they can never try you again.

0:38:19.440 --> 0:38:21.960
<v Speaker 1>Yeah, that's beautiful, And it's funny because prejudice is usually

0:38:22.040 --> 0:38:24.680
<v Speaker 1>a bad word. Only instance I could think of when

0:38:24.719 --> 0:38:27.759
<v Speaker 1>it's a good word. Yes. So in the meantime, it's

0:38:27.760 --> 0:38:30.920
<v Speaker 1>great to see you out here living your best life married,

0:38:31.320 --> 0:38:35.600
<v Speaker 1>you know, traveling. What can our listeners do to show support.

0:38:35.760 --> 0:38:37.680
<v Speaker 2>I do have a gofund me out there, so.

0:38:37.680 --> 0:38:40.280
<v Speaker 1>Yes, we'll have it linked in the bio. So now,

0:38:40.840 --> 0:38:45.080
<v Speaker 1>mister Flowers, we have a segment of our show that

0:38:45.160 --> 0:38:48.960
<v Speaker 1>I love the most, which is called Closing Arguments. It

0:38:49.040 --> 0:38:52.600
<v Speaker 1>works like this. First of all, I again thank you

0:38:52.840 --> 0:38:56.080
<v Speaker 1>for just being you and being here in the studio

0:38:56.200 --> 0:38:59.719
<v Speaker 1>with me. And then I turned my microphone off, kick

0:38:59.760 --> 0:39:02.439
<v Speaker 1>back in my chair and sometimes I close my eyes

0:39:02.480 --> 0:39:05.239
<v Speaker 1>and just listen to anything else you have to say.

0:39:05.320 --> 0:39:08.359
<v Speaker 1>It's called closing arguments, and you have the mic and

0:39:08.400 --> 0:39:11.600
<v Speaker 1>you can just talk about anything you think you want

0:39:11.640 --> 0:39:11.919
<v Speaker 1>to share.

0:39:12.320 --> 0:39:14.600
<v Speaker 2>Well, I would first like to thank you all for

0:39:14.719 --> 0:39:17.920
<v Speaker 2>having me, and I think you also got all right.

0:39:17.920 --> 0:39:20.480
<v Speaker 2>I really do and look forward to hanging out with you.

0:39:20.760 --> 0:39:26.240
<v Speaker 2>So all the listeners are I asked that we strive

0:39:26.320 --> 0:39:28.800
<v Speaker 2>for change, you know, and make this a better place.

0:39:30.760 --> 0:39:34.399
<v Speaker 2>I think we all should get along and love one

0:39:34.400 --> 0:39:38.840
<v Speaker 2>another and not hate for no reason at all. You know,

0:39:42.200 --> 0:39:44.600
<v Speaker 2>I'm a laid back guy. I'm easy to get it along.

0:39:44.640 --> 0:39:48.839
<v Speaker 2>With I would like to send shout out to all

0:39:48.920 --> 0:39:54.400
<v Speaker 2>the victim's family and I hope one day soon that

0:39:54.520 --> 0:40:02.319
<v Speaker 2>they find the real guy.

0:40:04.920 --> 0:40:08.120
<v Speaker 1>Thank you for listening to Wrongful Conviction with Jason Flahm.

0:40:08.280 --> 0:40:11.279
<v Speaker 1>Please support your local innocence projects and go to the

0:40:11.360 --> 0:40:13.320
<v Speaker 1>link in our bio to see how you can help.

0:40:13.760 --> 0:40:16.799
<v Speaker 1>I'd like to thank our production team Connor Hall, Jeff

0:40:16.880 --> 0:40:20.680
<v Speaker 1>Clyburn and Kevin Warnis. The music on the show, as always,

0:40:20.760 --> 0:40:24.279
<v Speaker 1>is by three time OSCAR nominated composer Jay Ralph. Be

0:40:24.360 --> 0:40:27.600
<v Speaker 1>sure to follow us on Instagram at Wrongful Conviction and

0:40:27.680 --> 0:40:31.920
<v Speaker 1>on Facebook at Wrongful Conviction Podcast. Wrongful Conviction with Jason

0:40:31.960 --> 0:40:34.400
<v Speaker 1>Flahm is a production of Lava for Good Podcasts and

0:40:34.480 --> 0:40:42.040
<v Speaker 1>association with Signal Company Number one